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2015 05-26 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Tuesday, May 26, 2015 City Hall, Council Chambers Meeting No. 10-15 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 May 11, 2015 City Council Workshop Meeting Minutes 2. Approval of May 11, 2015 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Approval of a Resolution of Appreciation for Environmental and Natural Resources Commissioner Randee Edmundson 2. Approval of 2014 Housing Economic Development Commission Annual Report 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 Authorizing Purchase of Insurance Agent Services 3. Approval of Resolution to Adopt State Performance Measures 4. Approval to Close Debt Service Funds 5. Approval of Temporary Lawful Gambling - Local Permits for Ramsey Nursing Home Foundation, 2000 White Bear Avenue 6. Approval of a Fee Waiver for a Temporary Food Sales Permit Fee for North East Soccer Association 7. Approval of Motion for Second Reading of Ordinance Amending Chapter 14, Article XVIII Relating to the Sale of Tobacco-Related Products 8. Approval to Dispose of Fire Department Vehicles 9. Approval of a Conditional Use Permit Review, Beaver Lake Elementary School, 1060 Sterling Street 10. Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000 White Bear Avenue 11. Approval of a Conditional Use Permit Review, Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street 12. Approval to Accept 2015 Spring Clean Up Summary 13. Approval of a Memorandum of Understanding for the Implementation Phase of Partners in Energy 14. Approval of Resolution of Support for the Institutionalization of the Regional Indicators Initiative 15. Approval to Purchase Sanitary Sewer Lift Station Emergency Generator 16. Approval of Resolution Approving Final Payment and Acceptance of Project, Fire Station 1 Improvements (South Fire Station), City Project 12-14 17. Approval to Authorize Final Payment for Storm Sewer Repair at 2567 Mayer Lane H. PUBLIC HEARINGS 1. Approval of Gas Franchise Ordinances a. Approval of First Reading of Revised Gas Franchise Ordinance b. Approval of First Reading of New Gas Franchise Fee Ordinance to Fund Additional Road Repair 2. Approval of Stormwater Ordinances and Standards a. Approval of First Reading of Revised Stormwater Related Ordinances b. Approval of Revisions to the Maplewood Stormwater Management Standards 3. Approval to Modify Development Program and Establish TIF District No. 1-13 for Villages at Frost-English, 1955 English Street a. Approval of a Resolution for Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-13 and approving a Tax Increment Financing Plan b. Approval of a Resolution for the Phase One Tax Increment Financing Development Agreement with Maplewood Acquisition, LLC c. Approval of Maplewood Acquisition LLC’s Developer’s Agreement d. Approval of a Resolution for an Inter-fund Loan Agreement I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Approval of Conditional Use Permit Revisions for Outdoor Storage and Commercial Building within 350 Feet of a Residential District, Laughlin Pest Control, 1055 Gervais Avenue 2. Republic Services’ Annual Trash and Yard Waste Performance Review a. Approval of the 2014 Trash and Yard Waste Report b. Approval of the 2015 Trash and Yard Waste Work Plan 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. THIS PAGE IS INTENTIONALLY LEFT BLANK E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, May 11, 2015 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 5:33 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Presentation of Comprehensive Annual Financial Report – 2014 Finance Director Bauman introduced the staff report and answered questions of the council. Steve Wischmann, Partner from KDV gave the presentation and answered questions of the council. 2. City Prosecutor Quarterly Report Police Chief Schnell introduced the staff report and answered questions of the council. Elliot Knetsch, City Criminal Prosecutor from Campbell Knutson Law Firm addressed the council to give the report and answered questions of the council. 3. Solicitation Policy Discussion Councilmember Koppen moved to table this agenda item until the next council workshop meeting on Tuesday, May 26, 2015. Seconded by Councilmember Cardinal Ayes – All The motion passed. ADJOURNMENT Mayor Slawik adjourned the meeting at 7:01 p.m. May 11, 2015 City Council Workshop Minutes 1 Council Packet Page Number 1 of 370 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 11, 2015 Council Chambers, City Hall Meeting No. 09-15 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:11 p.m. by Mayor Slawik. Mayor Slawik talked about the City Auction that took place on Saturday, May 3, 2015. Police Chief Schnell and Fire Chief Lukin gave additional information about the auction. B. PLEDGE OF ALLEGIANCE Kelsey Fowler, an eighth grader present from John Glenn Middle School led the council in the pledge of allegiance. C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda: N1 Ramsey County Dispatch Policy N2 Ramsey County and the Resource Recovery Plant in Newport, MN N3 Report of MN Teacher of the Year N4 Request for Joint Meeting with North St. Paul-Oakdale-Maplewood ISD 622 School Board N5 Planning Commission Meeting N6 Regional Council of Mayors N7 Bergeron Memorial Highway Bill N8 Asian Pacific Council N9 City Council Retreat N10 Municipal Legislative Commission Meeting with the Governor Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Cardinal Ayes – All The motion passed. May 11, 2015 City Council Meeting Minutes 1 Council Packet Page Number 2 of 370 E2 E. APPROVAL OF MINUTES 1. Approval of April 27, 2015 City Council Workshop Minutes Councilmember Juenemann noted a correction on page 1, item E1, second line should read “Professor Shaver”. Councilmember Cardinal moved to approve the April 27, 2015 City Council Workshop Minutes as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of April 27, 2015 City Council Meeting Minutes Councilmember Juenemann moved to approve the April 27, 2015 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Approval of Resolution Recognizing National Public Works Week: May 17-23, 2015 City Engineer/Public Works Director Thompson gave the staff report and read the resolution. Councilmember Koppen moved to approve the Resolution Recognizing National Public Works Week, May 17-23, 2015. Resolution 15-5-1202 City of Maplewood Resolution Recognizing Public Works Week May 17 - 23, 2015 Whereas, public works services provided in our community are an integral part of our citizens’ everyday lives; and Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewers, streets and highways, public buildings, and solid waste collection; and Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, are vitally dependent upon the efforts and skill of public works officials; and May 11, 2015 City Council Meeting Minutes 2 Council Packet Page Number 3 of 370 E2 Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform, Now, therefore, the City Council does hereby proclaim the week of May 17-23 as National Public Works Week in the City of Maplewood, Minnesota and do hereby call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life. Seconded by Councilmember Juenemann Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Cardinal requested G5 and G7 be highlighted. Councilmember Juenemann requested G3 be highlighted. Councilmember Juenemann moved to approve consent agenda items G1-G10. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 550,380.74 Checks # 94941 thru # 94958 dated 04/23/15 thru 04/28/15 $ 315,672.69 Disbursements via debits to checking account dated 04/20/15 thru 04/24/15 $ 59,047.81 Checks #94986 thru #95018 dated 04/27/15 thru 05/05/15 $ 519,277.63 Disbursements via debits to checking account dated 04/27/15 thru 05/01/15 $ 1,444,378.87 Total Accounts Payable PAYROLL: $ 523,955.66 Payroll Checks and Direct Deposits dated 04/24/15 $ 999.75 Payroll Deduction check # 9994536 thru #9994538 dated 04/24/15 $ 524,955.41 Total Payroll May 11, 2015 City Council Meeting Minutes 3 Council Packet Page Number 4 of 370 E2 $ 1,969,334.28 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of 2015 General Fund Transfers Councilmember Juenemann moved to approve the Finance Director to make the entries necessary to account for the transfers requested from the General Fund. Amount Fund Purpose $250,000 General Bldg Replacement Fund (401) Initial fund deposit $350,000 TH36/English project 09-08 (595) Assist with deficit Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval to Update Cooperative Purchasing Sources in Purchasing Policy Finance Director Bauman gave the staff report. Councilmember Juenemann moved to approve staff to update the City’s Purchasing Policies to include the additional two cooperative purchasing sources, TCPN Cooperative Purchasing Group and The Interlocal Purchasing System (TIPS). Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Approval to Purchase Park Maintenance Multi-Purpose Machine Councilmember Juenemann moved to approve the purchase of the John Deere 1580 maintenance machine under MN State Contract #NJPA 070313-DAC from Minnesota Equipment, including trade in of old unit, freight and delivery totaling $35,777.05. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Resolution Approving No Parking Restrictions on Larpenteur Avenue (Arkwright to Parkway Drive) City Engineer/Public Works Director Thompson gave the staff report. Councilmember Juenemann moved to approve the No Parking Restrictions on both the north and south sides of Larpenteur Avenue between Arkwright Street and Parkway Drive. Resolution 15-5-1203 “No Parking” Restrictions on Larpenteur Avenue Between Arkwright Street and Parkway Drive May 11, 2015 City Council Meeting Minutes 4 Council Packet Page Number 5 of 370 E2 WHEREAS, Larpenteur Avenue is a Ramsey County State Aid Route, and WHEREAS, Ramsey County is conducting a 4 lane to 3 lane conversion, and WHEREAS, the proposed lane conversion will not result in shoulders of adequate width to allow for parking on the street; and therefore No Parking must be conditioned as part of the proposed conversion. WHEREAS, Ramsey County has requested written concurrence from the City of Maplewood to restrict parking on Larpenteur Avenue between Arkwright Street and Parkway Drive, and NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood does ban the parking of motor vehicles on the north and south sides of Larpenteur Avenue between Arkwright Street and Parkway Drive. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Approval of Work Order Agreement 45B, Gladstone Improvements Phase 2, City Project 14-01 Councilmember Juenemann moved to approve the City Manager and City Engineer to sign Work Order No. 45B for final design and construction phase services for the Gladstone Improvements Phase 2, City Project 14-01 in the amount of $92,000 with Kimley-Horn and Associates, Inc. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of First Amendment to the Joint Powers Agreement with the City of Mahtomedi for Beach Operations City Engineer/Public Works Director Thompson gave the staff report. Councilmember Juenemann moved to approve the First Amendment to the Joint Powers Agreement between the City of Maplewood and the City of Mahtomedi regarding the operation of Mahtomedi Beach. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval to Adjust Contract Amount with Metro Sound and Lighting Inc. for MCC Sound Improvements in Banquet Room Councilmember Juenemann moved to approve the City Manager to enter into a contract with Metro Sound and Lighting Inc. in the amount of $24,850.61 (sales tax increase of $1,760.61) for the replacement of the MCC Banquet Room Public Address System. Monies for this improvement will come from the issuance of an Equipment Certification Bond. May 11, 2015 City Council Meeting Minutes 5 Council Packet Page Number 6 of 370 E2 Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of a Temporary Lawful Gambling - Local Permit and Waiver of Permit Fees for the St. Paul East Parks Lions Club, 2020 White Bear Avenue Councilmember Juenemann moved to approve the temporary Lawful Gambling – Local Permit and the fees in the amount of $507.00 be waived for the St. Paul East Parks Lion Club for the Ramsey County Fair on July 15 – 20, 2015 at 2020 White Bear Avenue, Maplewood. Seconded by Councilmember Koppen Ayes – All The motion passed. 10. Approval of Clarification to Carey Communications Consulting Contract Councilmember Juenemann moved to approve the clarification to contract changing the advertising sales expectations from a quarterly basis to six month calculations. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS 1. Approval of Second Reading of Ordinance Amending Chapter 14, Article XVIII Relating to the Sale of Tobacco-Related Products City Clerk/Citizen Services Director Haag gave the staff report and answered questions of the council. Police Chief Schnell gave additional information and answered additional questions of the council. Councilmember Cardinal moved to approve second reading of the ordinance amending Chapter 14, Article XVIII relating to the sale of tobacco-related products grandfathering in the following: current addresses that are allowing e-cigarette sampling known as vaping, when the establishments at the current addresses are sold, rented or change hands the address will continue to qualify for a cigarette or tobacco license, but will not be permitted to allow e- cigarette sampling. Signs must be posted as directed by the State of Minnesota Administrative Rules. Staff is directed to ensure compliance checks as stated in the ordinance and add the grandfathered verbiage to the ordinance and bring it back to next council meeting under the consent agenda for approval. Seconded by Mayor Slawik Ayes – Mayor Slawik, Council Members Cardinal and Juenemann Absent – Councilmember Abrams Abstain – Councilmember Koppen May 11, 2015 City Council Meeting Minutes 6 Council Packet Page Number 7 of 370 E2 The motion passed. J. NEW BUSINESS 1. Acceptance of Comprehensive Annual Financial Report – 2014 (Annual Audit) Finance Director Bauman gave the staff report. Councilmember Cardinal moved to approve the City’s Comprehensive Annual Financial Report and approve the City’s responses to the audit findings. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Preliminary Approval for Issuance of Bonds Finance Director Bauman gave the staff report. Terri Heaton, Client Representative from Springsted addressed the council to give the presentation and answer questions of the council. Councilmember Juenemann moved to approve the resolutions providing preliminary approval for the sale of $1,235,000 General Obligation Bonds, Series 2015B. Resolution 15-5-1204 Resolution Providing for the Competitive Negotiated Sale of $1,235,000 General Obligation Bonds, Series 2015B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $1,235,000 General Obligation Bonds, Series 2015B (the "Bonds") to finance (i) a street reconstruction project within the City; and (ii) the purchase of capital equipment; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent municipal advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. May 11, 2015 City Council Meeting Minutes 7 Council Packet Page Number 8 of 370 E2 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Koppen Ayes – All The motion passed. Councilmember Juenemann moved to approve the resolution providing preliminary approval for the sale of $8,020,000 Taxable General Obligation Refunding Bonds, Series 2015C. Resolution 15-5-1205 Resolution Providing for the Competitive Negotiated Sale of $8,020,000 Taxable General Obligation Refunding Bonds, Series 2015C A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $8,020,000 Taxable General Obligation Refunding Bonds, Series 2015C (the "Bonds") to refund the February 1, 2016 through February 1, 2027 maturities of the City’s Taxable General Obligation Bonds, Series 2010A (Build America Bonds – Direct Pay), dated May 10, 2010; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ("Springsted"), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization. The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. 2. Meeting; Proposal Opening. This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering sealed proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal. The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement. In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. Seconded by Councilmember Koppen Ayes – All The motion passed. May 11, 2015 City Council Meeting Minutes 8 Council Packet Page Number 9 of 370 E2 K. AWARD OF BIDS 1. County Road B Trail and Safety Improvements, City Project 14-02 a. Approval of Resolution Receiving Bids and Awarding Construction Contract b. Approval of Work Order Agreement 12B City Engineer/Public Works Director Thompson gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Receiving Bids and Awarding Construction Contract, County Road B Trail and Safety Improvements, City Project 14-02 to Park Construction Company. Resolution 15-5-1206 Receiving Bids and Awarding Construction Contract NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Park Construction Company in the amount of $1,034,945.86 is the lowest responsible bid for the construction of County Road B Trail and Safety Improvements, City Project 14-02, and the mayor and city manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as shown below. FUNDING SOURCE TOTAL AMOUNT FEDERAL FUNDS (SRTS GRANT)$392,800 MNDOT $202,644 PARK DEVELOPMENT FUND $171,274 ENVIRONMENTAL UTILITY FUND $161,823 W.A.C. FUND $17,069 RAMSEY COUNTY (TRAIL IMPROVEMENTS)$92,367 RAMSEY COUNTY (SIGNAL IMPROVEMENTS)$328,044 STREET LIGHT UTILITY FUND $36,149 RIGHT OF WAY FUND $95,000 TOTAL REVENUES $1,497,171 ESTIMATED PROJECT COST RECOVERY Seconded by Councilmember Koppen Ayes – All The motion passed. Councilmember Juenemann moved to approve the City Manager and City Engineer to sign Work Order No. 12B. for the inspection, project administration, and meeting the federal requirements for the County Road B Trail and safety Improvements, City Project 14-02 in the amount of $91,000 with Bolton and Menk, Inc. Seconded by Councilmember Koppen Ayes – All The motion passed. May 11, 2015 City Council Meeting Minutes 9 Council Packet Page Number 10 of 370 E2 L. VISITOR PRESENTATION None M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update City Manager Coleman gave the update to the council calendar. N. COUNCIL PRESENTATIONS 1. Ramsey County Dispatch Policy Councilmember Juenemann reported on the Ramsey County Dispatch Policy meeting she attended on Thursday, May 7, 2015. 2. Ramsey County and the Resource Recovery Plant in Newport, MN Councilmember Juenemann reported on Ramsey County League of Local Governments Meeting she and Councilmember Cardinal attended specifically the presentation on the Resource Recovery Plant in Newport, MN. 3. Report of MN Teacher of the Year Councilmember Cardinal reported that Amy Hewett-Olatunde, a Maplewood resident and teacher at LEAP High School was chosen as the 2015 Minnesota Teacher of the Year. 4. Request for Joint Meeting with North St. Paul and Oakdale Councils and IDS 622 School Board Councilmember Cardinal requested the City Manager to schedule a joint meeting with North St. Paul and Oakdale Councils and ISD 622 Board to discuss how the school district is relevant to real estate. 5. Planning Commission Meeting Councilmember Cardinal reported on the Planning Commission meeting he attended on Tuesday, May 5, 2015. 6. Regional Council of Mayors Mayor Slawik reported on the Regional Council of Mayors meeting she attended and the presentation on suburban poverty. Slawik spoke about food shelves and correlation between health and eating good food. City Manager Coleman provided additional information regarding the number of Maplewood residents and homeowners that depend on goods from local food shelves. 7. Bergeron Memorial Highway Bill Mayor Slawik complimented Police Chief Schnell on the ceremony that was held on May 1, 2015 in honor of Sergeant Bergeron. The Bergeron Memorial Highway Bill is going through May 11, 2015 City Council Meeting Minutes 10 Council Packet Page Number 11 of 370 E2 the Legislature and passed the MN Senate on Friday, 8, 2015. Police Chief Schnell thanked everyone for attending the ceremony and additionally reported that the House will hear the Bergeron Memorial Highway Bill on Thursday, May 14, 2015. 8. Asian Pacific Council Dinner Mayor Slawik reported on the Asian Pacific Council Dinner she attended. 9. Council Retreat Mayor Slawik thanked her fellow council members and staff for taking the time to attend the 2015 council retreat. 10. Municipal Legislative Commission Meeting with the Governor Mayor Slawik reported on the Municipal Legislative Commission Meeting with the Governor she attended. 11. Police Chief Schnell report that on Sunday, May17, 2015 on the Discovery ID Channel a program entitled In the Line of Fire will air. Maplewood Officer Julie Olson will be highlighted along with officers from New York City and Los Angeles. Officer Olson responded to a domestic situation where North St. Paul Officer Richard Crittenden was murdered in September 2009. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:59 p.m. May 11, 2015 City Council Meeting Minutes 11 Council Packet Page Number 12 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: May 19, 2015 SUBJECT: Approval of a Resolution of Appreciation for Environmental and Natural Resources Commissioner Randee Edmundson Introduction Commissioner Randee Edmundson has been a member of the Environmental and Natural Resources (ENR) Commission for five years and two months, serving from February 8, 2010 to April 20, 2015. Background Commissioner Edmundson resigned from the ENR Commission on April 20, 2015. Commission Review The ENR Commission recommended approval of the attached resolution of appreciation for Commissioner Edmundson on May 18, 2015. Recommendation Approve the attached Resolution of Appreciation for Randee Edmundson for her years of service on the Environmental and Natural Resources Commission. Attachment 1.Resolution of Appreciation for Randee Edmundson F1 Council Packet Page Number 13 of 370 RESOLUTION OF APPRECIATION WHEREAS, Randee Edmundson has been a member of the Maplewood Environmental and Natural Resources Commission for five years and two months, serving from February 8, 2010 to April 20, 2015. Ms. Edmundson has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Edmundson has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Edmundson has shown dedication to her duties and has consistently contributed her leadership and efforts for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Randee Edmundson is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on June 8, 2015. ______________________________ Nora Slawik, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on May 18, 2015. ______________________________ Dale Trippler, Chairperson Attest: ________________________________ Karen Haag, City Clerk F1, Attachment 1 Council Packet Page Number 14 of 370 MEMORANDUM TO: Melinda Coleman City Manager FROM: Warren Wessel, Housing and Economic Development Commission Chair DATE: May 13, 2015 SUBJECT: Approval of 2014 Housing Economic Development Commission Annual Report Introduction Annually, the housing and economic development commission (HEDC) is required to report the HEDC’s actions and activities for the city council for the previous year. In 2014, the HEDC reviewed the following 18 items during its six meetings: Type of Proposal # Reviewed Informational Commission Reviews 2 1. Minnesota Waste Wise (April 9, 2014) 2. Green Economy – Presentation by Tim Nolan, Sustainable Industrial Development Coordinator with the Minnesota Pollution Control Agency (July 9, 2014) Miscellaneous Reviews and Actions 16 1. EDA Status Report Update (January 8, 2014) 2. Election of Officers (January 8, 2014) 3. Review of Revolving Loan Fund Policy Guidelines (January 8, 2014) 4. Update on Maplewood Bowl Redevelopment and Gladstone Neighborhood (February 12, 2014) 5. Review of Real Estate Broker Request for Proposal (February 12, 2014) 6. 2013 HEDC Annual Report (February 12, 2014) 7. Gladstone Phase 2 Improvements, Project 14-01(April 9, 2014) F2 Council Packet Page Number 15 of 370 8. Formation of Subcommittee to Draft (RLF) Revolving Loan Fund Guidelines (April 9, 2014 and July 9, 2014) 9. Broker Selection Subcommittee (April 9, 2014 and July 9, 2014) 10. Sale of Excess Real Property, Fire Department Properties (July 9, 2014) 11. Approval of the 2015 – 2019 Capital Improvement Plan (CIP) (August 13, 2014) 12. New Member Orientation (November 12, 2014) 13. Partners in Energy – Xcel Energy Community Partnership (November 12, 2014) 14. Approval of Resolution of Appreciation for Beth Ulrich (November 12, 2014) 15. Approval of Resolution of Appreciation for Gary Kloncz (November 12, 2014) 16. Update on Sale of City Properties (November 12, 2014) Total 18 Comparative Information Year Number of Items Reviewed 2010 17 2011 15 2012 14 2013 21 2014 18 Membership The HEDC consists of seven members appointed by the city council. Membership terms are for three years, with extensions for additional terms approved by the city council. During 2014, members Gary Kloncz and Beth Ulrich did not seek reappointment to the HEDC. The city council appointed Spencer Gansluckner to fill one of the vacancies. The city is currently advertising for the one vacancy on the HEDC. The membership as of the end of 2014: Board Member Membership Began Term Expires Dennis Unger 07/25/11 9/30/15 Joy Tkachuck 09/25/06 9/30/16 Mark Jenkins 01/25/10 9/30/16 Jennifer Lewis 04/25/11 9/30/16 Warren Wessel 12/13/10 9/30/17 Spencer Gansluckner 09/22/14 9/30/17 Vacant 9/30/17 F2 Council Packet Page Number 16 of 370 Commissioner Wessel was reappointed for an additional term in 2014. Commissioner Unger’s term is up for reappointment during 2015. The reappointment process will being in the summer of 2015. Discussion 2014 Actions/Activities In 2014, the HEDC continued its commitment to development and redevelopment in the city of Maplewood by working on several projects. The HEDC spent a good portion of its year working to implement elements of its work plan. The commission spent several meetings looking at how to develop a revolving loan fund program and select a broker to assist the city in selling its excess parcels. While work still needs to be done on establishing a loan program, the work accomplished in selecting a broker has resulted in the selling of two city parcels into private ownership. The HEDC’s work plan identifies the Gladstone neighborhood as an area the city and the HEDC should be focusing efforts on. In 2014, Sherman Associates officially purchased the Maplewood Bowl site and will soon start its redevelopment of the property with a mixture of family and senior housing along with a commercial element. Sherman and the city have been collaborating on the redevelopment of this site since 2013, which included the award of a grant for $1.9 million from the Metropolitan Council. The HEDC and staff worked on business outreach through environmental and energy efficiency programs. These programs provide a link between the city and the business community while supporting two of the city’s key goals – economic development and sustainability. 2015 Activities In 2015, the HEDC will continue to implement its work plan and concentrate on key redevelopment areas within the city. The Maplewood Bowl redevelopment project is scheduled to move forward and the HEDC will review all requests to city assistance. The HEDC will continue its efforts to develop a program and guidelines for its revolving loan fund program – building on what it learned from the first application. The HEDC is a key resource as the city looks to continue and expand its economic development efforts. In 2015, the HEDC will be committed to the development and enhancement of the city of Maplewood. Recommendation Approve the HEDC’s 2014 annual report. F2 Council Packet Page Number 17 of 370 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 18 of 370 TO:Melinda Coleman, City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 214,294.62$ Checks # 95019 thru # 95081 dated 05/01/15 thru 05/12/15 401,316.04$ Disbursements via debits to checking account dated 05/04/15 thru 05/08/15 385,286.03$ Checks #95082 thru #95118 dated 05/12/15 thru 05/19/15 559,764.56$ Disbursements via debits to checking account dated 05/11/15 thru 05/15/15 1,560,661.25$ Total Accounts Payable 528,170.04$ Payroll Checks and Direct Deposits dated 05/0/15 1,191.53$ Payroll Deduction check # 9994957 thru #9994959 dated 05/08/15 529,361.57$ Total Payroll 2,090,022.82$ 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 May 19, 2015 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: G1 Council Packet Page Number 19 of 370 Check Description Amount 95019 05346 BALLOON DECOR FOR MCC DANCE 306.99 95020 05523 LEADERSHIP AWARDS DINNER SLAWIK 40.00 95021 02464 FUNDS FOR ATMS 10,000.00 95022 00120 POOL CHEMCIALS 959.00 00120 POOL CHEMCIALS 728.00 95023 05114 PROJ 14-02 CNTY RD B TRAIL IMPRV 8,806.15 05114 GIS ASSSISTANCE - NEW PROJECTS 300.00 95024 05339 TRAILER RENTAL - STORAGE 375.00 95025 03658 REIMB FOR MILEAGE 2/18 - 4/30 44.16 95026 03597 REIMB FOR MILEAGE 3/26 - 4/22 14.09 95027 00682 REIMB FOR MDSE FOR RESALE/SUPPLIES 635.00 95028 05520 REIMB FOR MEALS AND TAXI 3/15-3/19 58.85 95029 04316 AUTO PAWN SYSTEM - MARCH 683.10 95030 01409 PROJ 14-12 BLDG ASSET MGMT 1,296.00 01409 PROJ 13-11 CARMAX - MISC SRVS 185.79 95031 01497 CONTINUING DISCLOSURE REPORT 2014 2,000.00 95032 04339 REIMB FOR BEDDING K-9 27.31 95033 01574 BITUMINOUS MATERIALS 2,217.78 01574 BITUMINOUS MATERIALS 1,969.42 01574 BITUMINOUS MATERIALS 1,216.13 01574 BITUMINOUS MATERIALS 565.80 95034 05305 CONTRACT 7950665-002 204.77 05305 CONTRACT 7950665-003 190.95 05305 CONTRACT 7950665-001 156.20 95035 04192 DEPOSIT CORRECTION LSCV PATIENT 90.00 95036 01190 ELECTRIC UTILITY 14,904.26 01190 ELECTRIC & GAS UTILITY 822.51 01190 ELECTRIC UTILITY 709.12 01190 GAS UTILITY 567.62 01190 ELECTRIC UTILITY 52.12 01190 ELECTRIC UTILITY 23.62 01190 ELECTRIC UTILITY 15.43 95037 04848 MONTHLY PREMIUM - MAY 223.61 95038 01811 MDSE FOR RESALE 102.00 01811 MDSE FOR RESALE 51.00 95039 02120 MAYER LANE STORM SEWER REPAIRS 45,488.78 95040 05521 REIMB FOR TOOLS FOR ARMORY 156.95 95041 00036 CHARITABLE GAMBLING - ECUMEN 310.00 95042 05369 ULTRA CLEAN SERVICE - CITY HALL 311.90 05369 CLEANING SUPPLIES - CITY HALL 90.80 95043 05507 MDSE FOR RESALE 404.64 95044 03874 OFFICE FURNITURE 5,871.96 95045 05025 CHARITABLE GAMBLING 1,750.00 95046 04067 FIRE SPRINKLER INSPECTION - MCC 850.00 04067 FIRE SPRINKLER INSPECTION - 1810 BLDG 730.00 04067 FIRE SPRINKLER INSPECTION - PD#2 650.00 04067 FIRE SPRINKLER INSPECTION - PW 500.00 04067 FIRE SPRINKLER INSPECTION - 1810 BLDG 450.00 04067 FIRE SPRINKLER INSPECTION - 1810 BLDG 350.00 04067 FIRE SPRINKLER INSPECTION - FD#1 250.00 04067 FIRE SPRINKLER INSPECTION - NC 200.00 95047 00003 ESCROW REL WILLIAM CO 954 BARTELMY 2,526.85 95048 05512 CONSULTING SRVS JOY PARK 1,750.00 95049 05526 INSTRUCTION FOR DAY CAMP K-4 375.00 95050 05522 REIMB FOR LIQUOR TAKEN FROM MCC 514.35 05/12/2015 T A SCHIFSKY & SONS, INC 05/12/2015 T A SCHIFSKY & SONS, INC 05/12/2015 SPRINGSTED INC 05/12/2015 RON HORWATH 05/12/2015 BRIAN MICHELETTI 05/12/2015 CITY OF MINNEAPOLIS RECEIVABLES 05/04/2015 COUNCIL ON ASIAN PACIFIC MINNESOTA 05/04/2015 US BANK 05/12/2015 AQUA LOGIC INC Check Register City of Maplewood 05/07/2015 Date Vendor 05/01/2015 BALLOON CONNECTION INC 05/12/2015 T A SCHIFSKY & SONS, INC 05/12/2015 TOSHIBA FINANCIAL SERVICES 05/12/2015 AQUA LOGIC INC 05/12/2015 CHRIS MASTELL TRAILER RENTALS 05/12/2015 CHARLES DEAVER 05/12/2015 MARY JO HOFMEISTER 05/12/2015 BOLTON & MENK, INC. 05/12/2015 BOLTON & MENK, INC. 05/12/2015 S E H 05/12/2015 S E H 05/12/2015 T A SCHIFSKY & SONS, INC 05/12/2015 MICHAEL STREFF 05/12/2015 XCEL ENERGY 05/12/2015 XCEL ENERGY 05/12/2015 XCEL ENERGY 05/12/2015 TOSHIBA FINANCIAL SERVICES 05/12/2015 TOSHIBA FINANCIAL SERVICES 05/12/2015 TRANS-MEDIC 05/12/2015 XCEL ENERGY 05/12/2015 AVESIS 05/12/2015 BERNATELLO'S PIZZA 05/12/2015 XCEL ENERGY 05/12/2015 XCEL ENERGY 05/12/2015 XCEL ENERGY 05/12/2015 CHARITABLE GAMBLING 05/12/2015 CINTAS CORPORATION #470 05/12/2015 CINTAS CORPORATION #470 05/12/2015 BERNATELLO'S PIZZA 05/12/2015 CAPRA'S UTILITIES INC 05/12/2015 JOHN CARNES 05/12/2015 ESCAPE FIRE 05/12/2015 ESCAPE FIRE 05/12/2015 ESCAPE FIRE 05/12/2015 ESCROW REFUND 05/12/2015 COCA-COLA REFRESHMENTS 05/12/2015 COMMERCIAL FURNITURE SERVICES 05/12/2015 DIST 622 EDUCATION FOUNDATION 05/12/2015 ESCAPE FIRE 05/12/2015 ESCAPE FIRE 05/12/2015 ESCAPE FIRE 05/12/2015 ESCAPE FIRE 05/12/2015 ESCAPE FIRE 05/12/2015 FORECAST PUBLIC ART 05/12/2015 GO SOLAR, INC. 05/12/2015 GREEN MILL CATERING G1, Attachments Council Packet Page Number 20 of 370 95051 05476 SRVS FOR ART GRANT ASSISTANCE 969.00 95052 05030 EQUIP LEASE - MCC - PMT#34 4,344.07 95053 03218 DENIED CVR - JACK STUBBS 1,288.28 03218 DENIED CVR - HORN 332.75 95054 05524 ENG MCC AQUATIC CENTER LIGHTING 755.00 95055 00857 SUBSCRIPTION ONLINE TRAINING (2)141.66 95056 00867 AD FOR CITY AUCTION 1,500.00 00867 DAY CAMP AD 75.00 95057 01042 ELEVATOR REPAIRS 2,706.44 01042 ELEVATOR REPAIRS 1,653.99 95058 05208 PARAMEDIC TRANSITION COURSE 250.00 95059 05350 BIRD BANDING PRESENTATION MAY 2 150.00 95060 05356 VIDEOGRAPHER SRVS - MARCH 961.40 95061 00001 REFUND D CASTILLO TRANS MEDIC 1,758.16 95062 00001 REFUND L BARTHOL HP BENEFIT 20.00 95063 05153 VOICE NOTIFICATION 5/1/15 - 10/31/15 774.00 95064 00396 SRVS (CJDN) PROVIDED TO PD-1ST QTR 1,920.00 95065 03446 DEER PICK UP - APRIL 575.00 95066 02001 PHONE SERVICE - APRIL 2,757.70 95067 05515 COMMUNICATION CONSULTANT-APRIL 650.00 95068 00198 WATER UTILITY 2,138.05 95069 01836 OUTSIDE RANGE NOISE MITIGATION -10,000.00 95070 01550 ELECTRICAL INSPECTIONS - APRIL 4,679.60 95071 05320 CHIEF BADGES 8,395.55 95072 01565 PARTS FOR SWEEPER #714 273.00 95073 00013 REFUND J VARRO - TREE REBATE 39.96 95074 01649 RENTAL OF STUMP GRINDER 550.00 95075 05382 MARKETING FOR CITY 4/20 - 5/01 2,000.00 95076 02464 PAYING AGENT FEES 450.00 02464 PAYING AGENT FEES 450.00 02464 PAYING AGENT FEES 225.00 95077 05471 MDSE FOR RESALE 683.72 05471 MDSE FOR RESALE 365.33 95078 05525 DEER REMOVAL THRU 3/31/15 12,171.93 05525 DEER REMOVAL THRU 12/31/14 660.83 95079 00063 MONTHLY PMT 03/17 - 04/16 10,000.59 95080 05387 HARDWARE PACK 23.20 95081 05491 3RD MILESTONE PMT 23,532.40 05/12/2015 JESSICA HUANG 05/12/2015 KANSAS STATE BANK OF MANHATTAN 05/12/2015 KLINE NISSAN 05/12/2015 KLINE NISSAN 05/12/2015 KRECH, OBRIEN, MUELLER & ASSOC 05/12/2015 LEAGUE OF MINNESOTA CITIES 05/12/2015 LILLIE SUBURBAN NEWSPAPERS 05/12/2015 LILLIE SUBURBAN NEWSPAPERS 05/12/2015 MN ELEVATOR INC 05/12/2015 MN ELEVATOR INC 05/12/2015 ANN NELSON 05/12/2015 MARK NILES NEWSTROM 05/12/2015 NORTH SUBURBAN ACCESS CORP 05/12/2015 ONE TIME VENDOR 05/12/2015 ONE TIME VENDOR 05/12/2015 PENGUIN MANAGEMENT, INC. 05/12/2015 MN DEPT OF PUBLIC SAFETY 05/12/2015 RICK JOHNSON DEER & BEAVER INC 05/12/2015 CITY OF ROSEVILLE 05/12/2015 LEAH SPIELMAN 05/12/2015 ST PAUL REGIONAL WATER SRVS 05/12/2015 ST PAUL, CITY OF 05/12/2015 SUMMIT INSPECTIONS 05/12/2015 SUN BADGE CO 05/12/2015 SWEEPER SERVICES 05/12/2015 TREE REBATE 05/12/2015 TRI-STATE BOBCAT, INC. 05/12/2015 TURNING POINT CONSULTING GROUP 05/12/2015 US BANK 05/12/2015 US BANK 05/12/2015 US BANK 05/12/2015 US FOODS 05/12/2015 ZUERCHER TECHNOLOGIES, LLC 214,294.6263Checks in this report. 05/12/2015 US FOODS 05/12/2015 USDA, APHIS, GENERAL 05/12/2015 USDA, APHIS, GENERAL 05/12/2015 VERIZON WIRELESS 05/12/2015 ZONES, INC. G1, Attachments Council Packet Page Number 21 of 370 Settlement Date Payee Description Amount 5/4/2015 MN State Treasurer Drivers License/Deputy Registrar 121,619.97 5/5/2015 MN State Treasurer Drivers License/Deputy Registrar 34,372.89 5/6/2015 MN State Treasurer Drivers License/Deputy Registrar 30,780.50 5/6/2015 Delta Dental Dental Premium 1,381.90 5/7/2015 MN State Treasurer Drivers License/Deputy Registrar 65,894.26 5/8/2015 MN State Treasurer Drivers License/Deputy Registrar 59,851.07 5/8/2015 US Bank VISA One Card*Purchasing card items 49,592.17 5/8/2015 Optum Health DCRP & Flex plan payments 609.28 5/8/2015 ICMA (Vantagepointe)Deferred Compensation 4,057.00 5/8/2015 Voya - State Plan Deferred Compensation 30,434.00 5/8/2015 MN Dept of Natural Resources DNR electronic licenses 2,723.00 401,316.04 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Council Packet Page Number 22 of 370 Transaction Date Posting Date Merchant Name Transaction Amount Name 04/22/2015 04/23/2015 UNIFORMS UNLIMITED INC.$34.50 PAUL BARTZ 04/17/2015 04/20/2015 PAPER PLUS $316.21 REGAN BEGGS 04/17/2015 04/20/2015 PAPER PLUS $642.00 REGAN BEGGS 04/17/2015 04/20/2015 PAPER PLUS $211.61 REGAN BEGGS 04/17/2015 04/20/2015 PAPER PLUS $422.41 REGAN BEGGS 04/17/2015 04/20/2015 PAPER PLUS $5.35 REGAN BEGGS 04/23/2015 04/27/2015 MINNESOTA BOOKSTORE $30.08 REGAN BEGGS 04/23/2015 04/27/2015 ST PAUL STAMP WORKS INC $27.40 REGAN BEGGS 04/24/2015 04/27/2015 OFFICE DEPOT #1090 $43.39 REGAN BEGGS 04/25/2015 04/27/2015 OFFICE DEPOT #1090 $7.99 REGAN BEGGS 04/28/2015 04/29/2015 PITNEYBOWES ONLINEBILL $150.00 REGAN BEGGS 04/26/2015 04/28/2015 SPORTS AUTHORI00007013 $42.84 MARKESE BENJAMIN 04/28/2015 04/29/2015 MOBILEFUN $40.98 CHAD BERGO 04/30/2015 05/01/2015 INFO@ANNEXPRODUCTS.COM $44.90 CHAD BERGO 04/30/2015 05/01/2015 ADORAMA INC $30.70 CHAD BERGO 05/01/2015 05/01/2015 OLLOCLIP LLC $91.99 CHAD BERGO 04/16/2015 04/20/2015 BROWNELLS INC $187.80 BRIAN BIERDEMAN 04/28/2015 04/29/2015 TASER INTERNATIONAL $4,285.11 BRIAN BIERDEMAN 04/29/2015 04/29/2015 CHEAPER THAN DIRT $128.14 BRIAN BIERDEMAN 04/17/2015 04/20/2015 USPS 26833800033400730 $36.38 OAKLEY BIESANZ 04/17/2015 04/20/2015 WALGREENS #3122 $32.12 OAKLEY BIESANZ 04/21/2015 04/22/2015 THE WEBSTAURANT STORE $82.17 OAKLEY BIESANZ 04/17/2015 04/20/2015 PARTY CITY #768 $11.72 NEIL BRENEMAN 04/22/2015 04/24/2015 DEARYS GYMNASTIC SUPPLY I $838.00 NEIL BRENEMAN 04/16/2015 04/20/2015 TRI-STATE BOBCAT $154.45 TROY BRINK 04/27/2015 04/29/2015 SAFETY SMART GEAR $48.60 NATHAN BURLINGAME 04/20/2015 04/22/2015 OFFICE MAX $21.41 DANIEL BUSACK 04/23/2015 04/27/2015 SUAREZ INTERNATIONAL USA $27.50 DANIEL BUSACK 04/25/2015 04/27/2015 NAPA STORE 3279016 $45.99 JOHN CAPISTRANT 04/20/2015 04/21/2015 STATE SUPPLY $1,094.21 SCOTT CHRISTENSON 04/20/2015 04/22/2015 THE HOME DEPOT 2801 ($20.12)SCOTT CHRISTENSON 04/20/2015 04/22/2015 THE HOME DEPOT 2801 $118.34 SCOTT CHRISTENSON 04/20/2015 04/22/2015 THE HOME DEPOT 2801 $29.94 SCOTT CHRISTENSON 04/21/2015 04/23/2015 THE HOME DEPOT 2801 ($101.67)SCOTT CHRISTENSON 04/21/2015 04/23/2015 FOREST PRODUCTS SUPPLY $40.00 SCOTT CHRISTENSON 04/23/2015 04/27/2015 THE HOME DEPOT 2801 $4.34 SCOTT CHRISTENSON 04/27/2015 04/28/2015 HENRIKSEN ACE HARDWARE $4.98 SCOTT CHRISTENSON 04/27/2015 04/28/2015 MINNESOTA AIR OAKDALE $360.20 SCOTT CHRISTENSON 04/27/2015 04/29/2015 THE HOME DEPOT 2801 $99.91 SCOTT CHRISTENSON 04/28/2015 04/28/2015 KELE, INC $446.40 SCOTT CHRISTENSON 04/21/2015 04/22/2015 TARGET 00011858 $8.88 MELINDA COLEMAN 04/23/2015 04/24/2015 CULVER'S OF EAGAN $19.89 KERRY CROTTY 04/25/2015 04/27/2015 APPLEBEES EAGA19219195 $37.67 KERRY CROTTY 04/23/2015 04/27/2015 DALCO ENTERPRISES, INC $129.04 CHARLES DEAVER 04/30/2015 05/01/2015 STATE SUPPLY $122.09 CHARLES DEAVER 04/24/2015 04/27/2015 TRI-STATE BOBCAT $65.79 THOMAS DEBILZAN 04/23/2015 04/24/2015 THE TRANE COMPANY $410.00 TOM DOUGLASS 04/23/2015 04/24/2015 MUSKA ELECTRIC CO.$709.00 TOM DOUGLASS 04/24/2015 04/27/2015 CINTAS 470 $137.44 TOM DOUGLASS 04/27/2015 04/28/2015 FASTENAL COMPANY01 $162.14 TOM DOUGLASS 04/30/2015 05/01/2015 VESSCO, INC.$343.59 TOM DOUGLASS 04/30/2015 05/01/2015 MILLS FLEET FARM 2700 $49.99 JOHN DUCHARME 04/21/2015 04/22/2015 CRYE PRECISION LLC $416.02 MICHAEL DUGAS 04/29/2015 04/30/2015 FEDEX 850126582267 $5.35 MICHAEL DUGAS 04/30/2015 05/01/2015 FEDEX 780573483849 $10.20 MICHAEL DUGAS G1, Attachments Council Packet Page Number 23 of 370 04/16/2015 04/20/2015 OFFICE DEPOT #1090 $87.46 CHRISTINE EVANS 04/17/2015 04/20/2015 OFFICE DEPOT #5910 $3.49 CHRISTINE EVANS 04/17/2015 04/20/2015 OFFICE DEPOT #1090 $72.67 CHRISTINE EVANS 04/17/2015 04/20/2015 OFFICE DEPOT #1090 $26.29 CHRISTINE EVANS 04/20/2015 04/20/2015 COMCAST CABLE COMM $83.88 CHRISTINE EVANS 04/20/2015 04/22/2015 OFFICE DEPOT #1090 $36.79 CHRISTINE EVANS 04/17/2015 04/20/2015 MGM LIQUOR WAREHOUSE $4.99 SHANN FINWALL 04/18/2015 04/20/2015 CVS/PHARMACY #01751 $4.78 SHANN FINWALL 04/18/2015 04/20/2015 CARIBOU COFFEE CO #1152 $25.69 SHANN FINWALL 04/18/2015 04/20/2015 LITTLE CAESARS 1456 0006 $42.85 SHANN FINWALL 04/18/2015 04/20/2015 DOROTHY ANN BAKERY & CAFE $29.36 SHANN FINWALL 04/21/2015 04/22/2015 TARGET 00011858 $30.03 SHANN FINWALL 04/17/2015 04/20/2015 IDU*INSIGHT PUBLIC SEC $885.24 MYCHAL FOWLDS 04/18/2015 04/20/2015 BEST BUY MHT 00003293 $42.90 MYCHAL FOWLDS 04/19/2015 04/20/2015 AT SCENE LLC $675.00 MYCHAL FOWLDS 04/20/2015 04/23/2015 THE UPS STORE 2171 $42.14 MYCHAL FOWLDS 04/21/2015 04/21/2015 COMCAST CABLE COMM $68.95 MYCHAL FOWLDS 04/18/2015 04/20/2015 AMAZON MKTPLACE PMTS $34.49 NICK FRANZEN 04/22/2015 04/23/2015 IDU*INSIGHT PUBLIC SEC $744.19 NICK FRANZEN 04/23/2015 04/24/2015 BEST BUY MHT 00000109 $177.81 NICK FRANZEN 04/23/2015 04/24/2015 IDU*INSIGHT PUBLIC SEC $592.26 NICK FRANZEN 04/30/2015 05/01/2015 UNIFORMS UNLIMITED INC.$74.99 ANTHONY GABRIEL 04/22/2015 04/23/2015 MENARDS OAKDALE $168.41 CAROLE GERNES 04/18/2015 04/20/2015 CUB FOODS #1599 $35.55 JAN GREW HAYMAN 04/20/2015 04/21/2015 CHKMATE*INSTANTCHECKMATE $22.86 KAREN HAAG 04/30/2015 05/01/2015 VIKING INDUSTRIAL CENTER $423.38 MARK HAAG 04/27/2015 04/28/2015 HENRIKSEN ACE HARDWARE $22.99 TAMARA HAYS 04/17/2015 04/20/2015 KEEPRS INC 2 $34.99 STEVEN HIEBERT 04/17/2015 04/20/2015 TESSMAN COMPANY SAINT $951.62 GARY HINNENKAMP 04/20/2015 04/21/2015 HENRIKSEN ACE HARDWARE $30.76 GARY HINNENKAMP 04/21/2015 04/22/2015 WW GRAINGER $21.25 GARY HINNENKAMP 04/21/2015 04/22/2015 WW GRAINGER $247.95 GARY HINNENKAMP 04/22/2015 04/23/2015 HENRIKSEN ACE HARDWARE $55.74 GARY HINNENKAMP 04/24/2015 04/27/2015 HENRIKSEN ACE HARDWARE $22.65 GARY HINNENKAMP 04/29/2015 04/30/2015 JOHN DEERE LANDSCAPES530 $399.13 GARY HINNENKAMP 04/23/2015 04/24/2015 THE UPS STORE 2171 $25.87 TIMOTHY HOFMEISTER 04/23/2015 04/27/2015 A-1 LAUNDRY $31.07 TIMOTHY HOFMEISTER 04/16/2015 04/20/2015 BROADWAY RENTAL $1,125.03 RON HORWATH 04/23/2015 04/23/2015 COMCAST CABLE COMM $325.89 RON HORWATH 04/24/2015 04/27/2015 A-1 LAUNDRY $29.75 RON HORWATH 04/17/2015 04/20/2015 DNR GIFT SHOP $161.70 ANN HUTCHINSON 04/17/2015 04/20/2015 MINNESOTAS BOOKSTORE $121.33 ANN HUTCHINSON 04/16/2015 04/20/2015 THE UPS STORE 2171 $16.62 AMANDA JASKOWIAK 04/30/2015 05/01/2015 HENRIKSEN ACE HARDWARE $8.02 AMANDA JASKOWIAK 04/21/2015 04/22/2015 ST CLOUD PARKING SYSTEM $2.00 KEVIN JOHNSON 04/27/2015 04/28/2015 HENRIKSEN ACE HARDWARE $2.99 KEVIN JOHNSON 04/27/2015 04/28/2015 MILLS FLEET FARM #2,700 $65.30 KEVIN JOHNSON 04/27/2015 04/29/2015 NAPA STORE 3279016 $4.27 KEVIN JOHNSON 04/16/2015 04/20/2015 OFFICE DEPOT #1090 $154.93 LOIS KNUTSON 04/22/2015 04/23/2015 PIONEER PRESS SUBSCRIPTI $42.25 LOIS KNUTSON 04/22/2015 04/23/2015 PIONEER PRESS SUBSCRIPTI $48.03 LOIS KNUTSON 04/23/2015 04/24/2015 FIRST SHRED $94.60 LOIS KNUTSON 04/27/2015 04/29/2015 BAMBU ASIAN CUISINE $82.94 LOIS KNUTSON 04/28/2015 04/29/2015 SUCCESS MEDIA $49.99 DUWAYNE KONEWKO 04/17/2015 04/20/2015 CDW GOVERNMENT $341.76 JASON KREGER 04/17/2015 04/20/2015 WWW.NEWEGG.COM $77.26 JASON KREGER G1, Attachments Council Packet Page Number 24 of 370 04/17/2015 04/20/2015 WWW.NEWEGG.COM $351.78 JASON KREGER 04/27/2015 04/29/2015 MAGNUM ELECTRONICS $224.74 JASON KREGER 04/29/2015 04/30/2015 CDW GOVERNMENT $301.85 JASON KREGER 04/29/2015 05/01/2015 MAGNUM ELECTRONICS $257.74 JASON KREGER 04/30/2015 05/01/2015 WWW.NEWEGG.COM $34.98 JASON KREGER 04/20/2015 04/21/2015 BEST BUY MHT 00000109 $36.40 NICHOLAS KREKELER 04/21/2015 04/22/2015 BATTERIES PLUS #31 $15.12 NICHOLAS KREKELER 04/21/2015 04/23/2015 THE UPS STORE 2171 $8.63 NICHOLAS KREKELER 04/22/2015 04/23/2015 BATTERIES PLUS #31 $140.00 NICHOLAS KREKELER 04/28/2015 04/29/2015 HENRIKSEN ACE HARDWARE $32.04 NICHOLAS KREKELER 04/20/2015 04/22/2015 MCS DUGOUT $11.70 DAVID KVAM 04/21/2015 04/22/2015 GREEN MILL - ST CLOUD $8.55 DAVID KVAM 04/21/2015 04/22/2015 UNIFORMS UNLIMITED INC.$85.95 DAVID KVAM 04/22/2015 04/23/2015 GREEN MILL - ST CLOUD $8.30 DAVID KVAM 04/22/2015 04/24/2015 BEST WESTERN HOTELS - ST.$300.03 DAVID KVAM 04/23/2015 04/24/2015 GREEN MILL - ST CLOUD $8.30 DAVID KVAM 04/24/2015 04/27/2015 UNIFORMS UNLIMITED INC.($55.50)DAVID KVAM 04/20/2015 04/21/2015 REPUBLIC SERVICES TRASH $160.28 STEVE LUKIN 04/22/2015 04/23/2015 PEN*FDIC/FIRE ENGINEER $80.00 STEVE LUKIN 04/24/2015 04/27/2015 PP*INNOVATIVEP $100.00 STEVE LUKIN 04/24/2015 04/27/2015 FROGGYS FOG LLC $217.80 STEVE LUKIN 04/26/2015 04/27/2015 MARRIOTT INDY 2551 $1,053.00 STEVE LUKIN 04/27/2015 04/28/2015 EMERGENCY AUTOMOTIVE $6.00 STEVE LUKIN 04/27/2015 04/29/2015 ASPEN MILLS INC.$148.55 STEVE LUKIN 04/29/2015 04/30/2015 KIDDE FIRE TRAINERS CITY $390.49 STEVE LUKIN 04/27/2015 04/28/2015 UNIFORMS UNLIMITED INC.$54.54 JASON MARINO 04/16/2015 04/20/2015 KEEPRS INC 2 $385.30 BRIAN MICHELETTI 04/16/2015 04/20/2015 BOUND TREE MEDICAL LLC $2,564.70 MICHAEL MONDOR 04/17/2015 04/20/2015 BOUND TREE MEDICAL LLC $54.60 MICHAEL MONDOR 04/17/2015 04/20/2015 BOUND TREE MEDICAL LLC $97.92 MICHAEL MONDOR 04/20/2015 04/22/2015 PRIMARY PRODUCTS COMPA $129.49 MICHAEL MONDOR 04/22/2015 04/24/2015 DOWNTOWNER CAR WASH $43.04 MICHAEL MONDOR 04/22/2015 04/24/2015 BOUND TREE MEDICAL LLC $42.70 MICHAEL MONDOR 04/28/2015 04/28/2015 ULINE *SHIP SUPPLIES $49.00 MICHAEL MONDOR 04/21/2015 04/23/2015 VERIZON WRLS N7845-01 $337.41 BRYAN NAGEL 04/22/2015 04/23/2015 U OF M CCE NONCREDIT $1,250.00 BRYAN NAGEL 04/24/2015 04/27/2015 CEMSTONE-CR $700.00 BRYAN NAGEL 04/23/2015 04/24/2015 MENARDS MAPLEWOOD $98.00 JOHN NAUGHTON 04/23/2015 04/24/2015 HEJNY RENTAL INC $142.78 JOHN NAUGHTON 04/28/2015 04/29/2015 HENRIKSEN ACE HARDWARE $52.97 JOHN NAUGHTON 04/16/2015 04/20/2015 DSW $59.95 MICHAEL NYE 04/17/2015 04/20/2015 AMAZON MKTPLACE PMTS $81.73 MICHAEL NYE 04/20/2015 04/21/2015 UNIFORMS UNLIMITED INC.$53.94 MICHAEL NYE 04/21/2015 04/22/2015 AMAZON MKTPLACE PMTS $49.98 MICHAEL NYE 04/22/2015 04/22/2015 AMAZON MKTPLACE PMTS $94.95 MICHAEL NYE 04/22/2015 04/24/2015 DSW ($59.95)MICHAEL NYE 04/23/2015 04/24/2015 UNIFORMS UNLIMITED INC.$219.56 MICHAEL NYE 04/23/2015 04/24/2015 AMAZON MKTPLACE PMTS $124.80 MICHAEL NYE 04/24/2015 04/27/2015 APPLE STORE #R022 $40.70 MICHAEL NYE 04/30/2015 05/01/2015 UNIFORMS UNLIMITED INC.$116.98 MICHAEL NYE 04/22/2015 04/24/2015 OFFICE DEPOT #1090 $54.60 MARY KAY PALANK 04/28/2015 04/29/2015 RAINBOW #7300 $7.29 ROBERT PETERSON 04/16/2015 04/20/2015 AN FORD WHITE BEAR LAK $19.58 STEVEN PRIEM 04/16/2015 04/20/2015 METRO PRODUCTS INC $68.91 STEVEN PRIEM 04/17/2015 04/20/2015 TOWMASTER $49.94 STEVEN PRIEM 04/17/2015 04/20/2015 TOWMASTER $11.30 STEVEN PRIEM G1, Attachments Council Packet Page Number 25 of 370 04/17/2015 04/20/2015 TOWMASTER $1,016.00 STEVEN PRIEM 04/17/2015 04/20/2015 TOWMASTER $1,200.00 STEVEN PRIEM 04/20/2015 04/21/2015 FACTORY MTR PTS #1 $121.40 STEVEN PRIEM 04/20/2015 04/21/2015 AUTO PLUS LITTLE CANADA $391.08 STEVEN PRIEM 04/20/2015 04/21/2015 BAUER BUILT TIRE 18 $647.88 STEVEN PRIEM 04/20/2015 04/21/2015 POLAR CHEVROLET MAZDA $84.41 STEVEN PRIEM 04/20/2015 04/22/2015 UNLIMITED SUPPLIES $145.02 STEVEN PRIEM 04/21/2015 04/22/2015 FACTORY MTR PTS #1 ($111.85)STEVEN PRIEM 04/22/2015 04/23/2015 POMP'S TIRE #021 $445.08 STEVEN PRIEM 04/22/2015 04/23/2015 FASTENAL COMPANY01 $14.24 STEVEN PRIEM 04/22/2015 04/23/2015 EMERGENCY AUTOMOTIVE $359.36 STEVEN PRIEM 04/22/2015 04/24/2015 WHEELCO BRAKE &SUPPLY $15.52 STEVEN PRIEM 04/23/2015 04/24/2015 POMP'S TIRE #021 $748.44 STEVEN PRIEM 04/23/2015 04/24/2015 AN FORD WHITE BEAR LAK $120.31 STEVEN PRIEM 04/23/2015 04/27/2015 GOODIN COMPANY ($4.77)STEVEN PRIEM 04/23/2015 04/27/2015 TURFWERKS EAGAN $103.48 STEVEN PRIEM 04/24/2015 04/27/2015 POMP'S TIRE #021 $631.78 STEVEN PRIEM 04/25/2015 04/27/2015 GOODYEAR AUTO SRV CT 6920 $52.00 STEVEN PRIEM 04/27/2015 04/28/2015 EMERGENCY AUTOMOTIVE $67.20 STEVEN PRIEM 04/27/2015 04/28/2015 IN *MIDWEST LIFT WORKS $345.00 STEVEN PRIEM 04/28/2015 04/29/2015 AN FORD WHITE BEAR LAK ($30.00)STEVEN PRIEM 04/28/2015 04/29/2015 AUTO PLUS LITTLE CANADA $82.75 STEVEN PRIEM 04/28/2015 04/29/2015 AN FORD WHITE BEAR LAK $186.90 STEVEN PRIEM 04/29/2015 04/30/2015 AUTO PLUS LITTLE CANADA $70.51 STEVEN PRIEM 04/29/2015 04/30/2015 AUTO PLUS LITTLE CANADA $141.62 STEVEN PRIEM 04/29/2015 04/30/2015 AN FORD WHITE BEAR LAK $21.90 STEVEN PRIEM 04/30/2015 05/01/2015 RMS-CORPORATE $130.04 STEVEN PRIEM 04/30/2015 05/01/2015 AUTO PLUS LITTLE CANADA $233.85 STEVEN PRIEM 04/30/2015 05/01/2015 BARNETT CHRYJEEPKIA $122.88 STEVEN PRIEM 04/30/2015 05/01/2015 AN FORD WHITE BEAR LAK $186.26 STEVEN PRIEM 04/20/2015 04/22/2015 THE HOME DEPOT 2801 $249.61 KELLY PRINS 04/21/2015 04/22/2015 WW GRAINGER $56.76 KELLY PRINS 04/24/2015 04/27/2015 THE HOME DEPOT 2801 $34.98 KELLY PRINS 04/29/2015 05/01/2015 THE HOME DEPOT 2801 $153.39 KELLY PRINS 04/21/2015 04/22/2015 DALCO ENTERPRISES, INC $539.28 MICHAEL REILLY 04/21/2015 04/22/2015 HILLYARD INC MINNEAPOLIS $851.88 MICHAEL REILLY 04/28/2015 04/29/2015 HILLYARD INC MINNEAPOLIS $620.28 MICHAEL REILLY 04/30/2015 05/01/2015 HILLYARD INC MINNEAPOLIS $68.91 MICHAEL REILLY 04/22/2015 04/23/2015 CVS/PHARMACY #01751 $167.85 LORI RESENDIZ 04/22/2015 04/23/2015 FULLCOMPASS $124.12 LORI RESENDIZ 04/28/2015 04/29/2015 POLAR ELECTRO $299.60 LORI RESENDIZ 04/28/2015 04/29/2015 POLAR ELECTRO $12.03 LORI RESENDIZ 04/29/2015 05/01/2015 APPOINTMENT-PLUS/STORMSOU $39.00 LORI RESENDIZ 04/23/2015 04/24/2015 TACTICAL-STORE.COM $72.27 BRADLEY REZNY 04/27/2015 04/28/2015 TACTICAL-STORE.COM ($33.99)BRADLEY REZNY 04/30/2015 05/01/2015 TACTICAL-STORE.COM $33.99 BRADLEY REZNY 04/30/2015 05/01/2015 PARTY CITY #768 $142.64 AUDRA ROBBINS 04/17/2015 04/20/2015 THE HOME DEPOT 2801 $11.97 ROBERT RUNNING 04/22/2015 04/23/2015 LILLIE SUBURBAN NEWSPAPER $54.00 DEB SCHMIDT 04/20/2015 04/21/2015 BEST WESTERN HOTELS - ST.$100.01 PAUL SCHNELL 04/21/2015 04/23/2015 HOLIDAY STNSTORE 3776 $31.57 PAUL SCHNELL 04/22/2015 04/23/2015 IN *ENCOMPASS TELEMATICS,$598.00 PAUL SCHNELL 04/25/2015 04/27/2015 MICHAELS STORES 9841 $69.61 PAUL SCHNELL 04/21/2015 04/23/2015 VERIZON WRLS N7845-01 ($20.08)SCOTT SCHULTZ 04/21/2015 04/23/2015 VERIZON WRLS N7845-01 $337.41 SCOTT SCHULTZ 04/24/2015 04/27/2015 ON SITE SANITATION INC $949.41 SCOTT SCHULTZ G1, Attachments Council Packet Page Number 26 of 370 04/28/2015 04/30/2015 USA MOBILITY WIRELE $16.11 SCOTT SCHULTZ 04/18/2015 04/20/2015 DOLRTREE 4713 00047134 $10.76 CAITLIN SHERRILL 04/27/2015 04/29/2015 ACE OF SALES $20.00 CAITLIN SHERRILL 04/30/2015 05/01/2015 CUB FOODS #1599 $11.98 CAITLIN SHERRILL 04/20/2015 04/21/2015 MINNESOTACO $150.68 MICHAEL SHORTREED 04/29/2015 05/01/2015 VERIZON WRLS N7845-01 $297.25 MICHAEL SHORTREED 04/27/2015 04/28/2015 FINANCE AND COMMERCE INC $612.82 ANDREA SINDT 04/23/2015 04/24/2015 MIKES LP GAS INC $15.80 RONALD SVENDSEN 04/16/2015 04/20/2015 CARIBOU COFFEE CO # 155 $25.69 JAMES TAYLOR 04/24/2015 04/27/2015 CUB FOODS #1599 $63.72 JAMES TAYLOR 04/25/2015 04/27/2015 CARIBOU COFFEE CO # 155 $25.58 JAMES TAYLOR 04/30/2015 05/01/2015 CVS/PHARMACY #01751 $16.05 PAUL THIENES 04/23/2015 04/24/2015 FEDEXOFFICE 00006171 $50.56 KAREN WACHAL 04/17/2015 04/20/2015 TOM S TAILORS $45.00 JAY WENZEL 04/17/2015 04/20/2015 BLACK BEAR HOTEL $211.62 TAMMY WYLIE 04/17/2015 04/20/2015 BLACK BEAR HOTEL $211.62 TAMMY WYLIE 04/22/2015 04/22/2015 ULINE *SHIP SUPPLIES $132.48 TAMMY WYLIE 04/22/2015 04/23/2015 PEAVEY CORP.$37.60 TAMMY WYLIE 04/22/2015 04/23/2015 ACT*MN OFFICE OF JUSTI $300.00 TAMMY WYLIE 04/22/2015 04/23/2015 UNIVERSITY OF LOUISVILLE $550.00 TAMMY WYLIE 04/25/2015 04/27/2015 CRAGUNS LODGE AND GOLF RE $125.00 TAMMY WYLIE 04/25/2015 04/27/2015 CRAGUNS LODGE AND GOLF RE $125.00 TAMMY WYLIE 04/27/2015 04/29/2015 GRAND VIEW LODGE TENNIS $331.32 TAMMY WYLIE 05/01/2015 05/01/2015 ULINE *SHIP SUPPLIES $59.05 TAMMY WYLIE 04/21/2015 04/22/2015 DALCO ENTERPRISES, INC $336.58 SUSAN ZWIEG 04/28/2015 04/29/2015 WM SUPERCENTER #5976 $3.18 SUSAN ZWIEG $49,592.17 G1, Attachments Council Packet Page Number 27 of 370 Check Description Amount 95082 01337 1ST HALF POPERTY TAXES 2100 WBA 1,185.00 95083 05324 RETAINER FEE/ADD'L WORK - APRIL 1,750.00 95084 05215 SOCCER INSTRUCTION - SPRING 1,050.00 95085 00353 TICKET REMITTANCE ENVELOPES 699.20 95086 05028 CITY HALL SOLAR SYSTEM LEASE-MAY 397.00 05028 MCC SOLAR SYSTEM LEASE - MAY 369.00 95087 05353 CONTRACT GASOLINE - MAY 10,942.62 05353 CONTRACT DIESEL - MAY 7,852.12 95088 01202 MAPLEWOOD LIVING & POSTAGE-MAY 10,452.37 95089 01337 911 DISPATCH SERVICES - APRIL 30,453.91 01337 CAD SERVICES - APRIL 5,824.07 01337 FLEET SUPPORT FEE - APRIL 458.64 01337 FLEET SUPPORT FEE - APRIL 427.44 95090 01546 SHIRTS FOR SPRING SOCCER 840.25 95091 04845 RECYCLING FEE - APRIL 38,939.25 95092 04192 EMS BILLING - APRIL 3,735.00 95093 00001 M STICKLER PAYROLL CLOSED DD ACCT 33.44 95094 03486 BLACK DIRT FOR SOD RESTORATION 84.00 95095 05369 ULTRA CLEAN SERVICE - CITY HALL 311.90 95096 03645 MAINT REPAIRS EM GENERATORS - MCC 2,281.44 03645 MAINT REPAIRS EM GENERATORS - CH 1,773.75 95097 05203 BALLROOM DANCE INSTRUCTION 354.00 95098 05527 GLASS TINTING STATION 1 WINDOWS 240.00 95099 05316 SENIOR PLAY TRIP MAY 6 348.75 95100 00550 REPLACEMENT SLIDE WAKEFIELD PARK 5,008.82 95101 02263 BOARDING & DESTRUCTION FEES-APRIL 515.58 95102 05200 VOLLEYBALL CLINIC INSTRUCTION 404.25 95103 02150 DATABASE MGMT/MAPPING & MAILING 243.08 95104 05503 AUDIO TRANSCRIPTION 4,184.38 95105 00001 REFUND JACK H. JUDY TRANS MEDIC 90.03 95106 00001 REFUND A WULFF HP BENEFIT 20.00 95107 00001 REFUND J RASMUSSEN BCBS BENEFIT 20.00 95108 00001 REFUND T DAM MEDICA BENEFIT 20.00 95109 00001 KLINE VOLVO - DUP PLATE 6.00 95110 05338 WASTE & RECYCLING SRVS - MAY 1,455.61 95111 01387 ADMIN FEE FOR STRESS TEST - MAY 100.00 95112 04130 QUARTERLY MAINT - 1902 PW 5/1 - 7/31 675.96 95113 01836 ASPHALT MIX - TA PLANT DOWN 1,756.01 01836 RADIO MAINT & SRVS - MARCH 814.15 01836 STREET LIGHT REPAIR BARTELMY-LYDIA 186.44 01836 STREET LIGHT REPAIR BARTELMY-LYDIA 42.94 95114 03869 REIMB FOR MILEAGE 4/21 136.85 95115 05342 PROJ 09-09 EMPSTC PMT#8 244,993.86 95116 05528 CONTRACT 7950665-002 204.77 05528 CONTRACT 7950665-003 190.95 05528 CONTRACT 7950665-001 156.20 95117 04179 PROGRAM DISPLAY SIGN MCC - APRIL 325.00 95118 05013 AHU#2 REPAIRS - MCC 2,932.00 05/19/2015 HILLCREST ANIMAL HOSPITAL PA RAMSEY COUNTY-PROP REC & REV 05/19/2015 05/19/2015 NYSTROM PUBLISHING CO INC 05/19/2015 RAMSEY COUNTY-PROP REC & REV 05/19/2015 SUBURBAN SPORTSWEAR 05/19/2015 TENNIS SANITATION LLC 05/19/2015 TRANS-MEDIC 05/19/2015 RAMSEY COUNTY-PROP REC & REV 05/19/2015 RAMSEY COUNTY-PROP REC & REV 05/19/2015 CUMMINS NPOWER LLC 05/19/2015 CUMMINS NPOWER LLC 05/19/2015 DARKDAN'S WINDOW TINTING Check Register City of Maplewood 05/15/2015 Date Vendor 05/12/2015 RAMSEY COUNTY-PROP REC & REV 05/19/2015 MANSFIELD OIL CO 05/19/2015 ENERGY ALTERNATIVES SOLAR, LLC 05/19/2015 ENERGY ALTERNATIVES SOLAR, LLC 05/19/2015 MANSFIELD OIL CO 05/19/2015 CHRISTIE BERNARDY 05/19/2015 CORESTRONG FITNESS LLC 05/19/2015 CURTIS 1000, INC. - MINNESOTA 05/19/2015 DAYTRIPPERS DINNER THEATRE 05/19/2015 GAMETIME 05/19/2015 DANCE & ENTERTAINMENT, LLC 05/15/2015 ONE TIME VENDOR 05/19/2015 BUBERL BLACK DIRT INC 05/19/2015 CINTAS CORPORATION #470 05/19/2015 NET TRANSCRIPTS, INC. 05/19/2015 ONE TIME VENDOR 05/19/2015 ONE TIME VENDOR 05/19/2015 MN VOLLEYBALL HEADQUARTERS 05/19/2015 NAMEBANK USA 05/19/2015 REPUBLIC SERVICES #923 05/19/2015 DR. JAMES ROSSINI 05/19/2015 SCHINDLER ELEVATOR CORP 05/19/2015 ONE TIME VENDOR 05/19/2015 ONE TIME VENDOR 05/19/2015 ONE TIME VENDOR 05/19/2015 ST PAUL, CITY OF 05/19/2015 JOSEPH STEINER 05/19/2015 TERRA GENERAL CONTRACTORS 05/19/2015 ST PAUL, CITY OF 05/19/2015 ST PAUL, CITY OF 05/19/2015 ST PAUL, CITY OF 385,286.0337Checks in this report. 05/19/2015 VISUAL IMAGE PROMOTIONS 05/19/2015 YALE MECHANICAL LLC 05/19/2015 TOSHIBA FINANCIAL SERVICES (2) 05/19/2015 TOSHIBA FINANCIAL SERVICES (2) 05/19/2015 TOSHIBA FINANCIAL SERVICES (2) G1, Attachments Council Packet Page Number 28 of 370 Settlement Date Payee Description Amount 5/11/2015 MN State Treasurer Drivers License/Deputy Registrar 85,278.96 5/11/2015 U.S. Treasurer Federal Payroll Tax 101,777.03 5/11/2015 P.E.R.A.P.E.R.A.99,617.61 5/12/2015 MN State Treasurer Drivers License/Deputy Registrar 33,925.88 5/12/2015 MidAmerica HRA Flex plan 14,000.10 5/12/2015 Labor Unions Union Dues 2,208.98 5/12/2015 MN State Treasurer State Payroll Tax 20,471.58 5/13/2015 MN State Treasurer Drivers License/Deputy Registrar 44,899.12 5/13/2015 Delta Dental Dental Premium 1,278.16 5/14/2015 MN State Treasurer Drivers License/Deputy Registrar 117,217.48 5/15/2015 MN State Treasurer Drivers License/Deputy Registrar 36,192.08 5/15/2015 MN Dept of Natural Resources DNR electronic licenses 2,660.00 5/15/2015 VANCO Billing fee 124.25 5/15/2015 Optum Health DCRP & Flex plan payments 113.33 559,764.56 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Council Packet Page Number 29 of 370 CHECK #CHECK DATE EMPLOYEE NAME 1,224.52 05/08/15 05/08/15 CHRISTENSON, SCOTT 2,444.00 05/08/15 05/08/15 KOPPEN, MARVIN 430.99 05/08/15 SLAWIK, NORA 489.68 05/08/15 CARDINAL, ROBERT 430.99 05/08/15 JUENEMANN, KATHLEEN 430.99 05/08/15 COLEMAN, MELINDA 5,925.56 05/08/15 FUNK, MICHAEL 5,079.30 OSWALD, BRENDA 1,942.62 05/08/15 JAHN, DAVID 1,978.22 05/08/15 BURLINGAME, SARAH 05/08/15 SPANGLER, EDNA 05/08/15 HAAG, KAREN 4,860.99 05/08/15 SCHMIDT, DEBORAH 3,221.40 05/08/15 ARNOLD, AJLA 398.94 05/08/15 BEGGS, REGAN 1,718.40 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 05/08/15 ABRAMS, MARYLEE 430.99 05/08/15 ANDERSON, CAROLE 1,297.90 05/08/15 RAMEAUX, THERESE 3,283.59 05/08/15 BAUMAN, GAYLE 5,892.33 2,380.50 05/08/15 KNUTSON, LOIS 2,503.63 05/08/15 CORCORAN, THERESA 2,022.60 05/08/15 RICHTER, CHARLENE 1,316.54 05/08/15 VITT, SANDRA 1,101.82 05/08/15 DEBILZAN, JUDY 2,257.97 05/08/15 RUEB, JOSEPH 3,180.20 05/08/15 WEAVER, KRISTINE 2,507.40 05/08/15 MOY, PAMELA 1,616.30 05/08/15 OSTER, ANDREA 2,027.02 05/08/15 LARSON, MICHELLE 2,020.37 05/08/15 MECHELKE, SHERRIE 1,212.22 CRAWFORD, LEIGH 1,888.37 05/08/15 SCHNELL, PAUL 5,913.89 05/08/15 SHORTREED, MICHAEL 4,379.47 05/08/15 KVAM, DAVID 4,478.68 05/08/15 PALANK, MARY 2,027.02 05/08/15 ZAPPA, ANDREW 2,001.94 05/08/15 ABEL, CLINT 3,064.41 05/08/15 THOMFORDE, FAITH 1,751.58 05/08/15 WYLIE, TAMMY 1,699.57 05/08/15 BARTZ, PAUL 3,561.24 05/08/15 BELDE, STANLEY 3,148.56 05/08/15 ALDRIDGE, MARK 3,395.79 05/08/15 BAKKE, LONN 3,287.93 G1, Attachments Council Packet Page Number 30 of 370 05/08/15 BUSACK, DANIEL 4,392.62 05/08/15 CARNES, JOHN 2,839.02 05/08/15 BENJAMIN, MARKESE 3,158.82 05/08/15 BIERDEMAN, BRIAN 3,844.54 05/08/15 DUGAS, MICHAEL 3,945.04 05/08/15 ERICKSON, VIRGINIA 3,315.98 05/08/15 CROTTY, KERRY 3,986.40 05/08/15 DEMULLING, JOSEPH 3,999.90 05/08/15 FRITZE, DEREK 3,109.27 05/08/15 GABRIEL, ANTHONY 3,598.15 05/08/15 FISHER, CASSANDRA 1,626.64 05/08/15 FORSYTHE, MARCUS 3,077.46 05/08/15 HIEBERT, STEVEN 3,148.56 05/08/15 HOEMKE, MICHAEL 2,280.97 05/08/15 HAWKINSON JR, TIMOTHY 2,950.77 05/08/15 HER, PHENG 2,942.22 05/08/15 JOHNSON, KEVIN 3,883.29 05/08/15 KONG, TOMMY 3,064.41 05/08/15 HOFMEISTER, TIMOTHY 496.00 05/08/15 JASKOWIAK, AMANDA 480.00 05/08/15 LANGNER, SCOTT 3,003.03 05/08/15 LANGNER, TODD 3,169.22 05/08/15 KREKELER, NICHOLAS 1,024.53 05/08/15 KROLL, BRETT 3,064.41 05/08/15 MCCARTY, GLEN 3,689.80 05/08/15 METRY, ALESIA 3,709.30 05/08/15 LYNCH, KATHERINE 3,109.27 05/08/15 MARINO, JASON 3,290.61 05/08/15 NYE, MICHAEL 3,741.15 05/08/15 OLDING, PARKER 2,406.80 05/08/15 MICHELETTI, BRIAN 2,695.84 05/08/15 MULVIHILL, MARIA 2,280.97 05/08/15 PETERSON, JARED 2,001.94 05/08/15 REZNY, BRADLEY 3,367.53 05/08/15 OLSON, JULIE 3,064.41 05/08/15 PARKER, JAMES 2,941.86 05/08/15 STEINER, JOSEPH 3,862.02 05/08/15 SYPNIEWSKI, WILLIAM 3,003.03 05/08/15 SCHOEN, ZACHARY 2,406.80 05/08/15 SLATER, BENJAMIN 2,699.47 05/08/15 THIENES, PAUL 3,673.18 05/08/15 VANG, PAM 2,001.94 05/08/15 TAUZELL, BRIAN 3,362.76 05/08/15 THEISEN, PAUL 3,231.82 05/08/15 ANDERSON, BRIAN 242.33 05/08/15 BAHL, DAVID 328.64 05/08/15 WENZEL, JAY 3,135.29 05/08/15 XIONG, KAO 3,064.41 05/08/15 BEITLER, NATHAN 296.71 05/08/15 BOURQUIN, RON 1,379.70 05/08/15 BASSETT, BRENT 199.14 05/08/15 BAUMAN, ANDREW 2,774.09 05/08/15 CAPISTRANT, JACOB 45.18 05/08/15 CAPISTRANT, JOHN 677.35 G1, Attachments Council Packet Page Number 31 of 370 05/08/15 COREY, ROBERT 443.63 05/08/15 CRAWFORD - JR, RAYMOND 2,609.79 05/08/15 DAWSON, RICHARD 3,408.84 05/08/15 EVERSON, PAUL 3,334.58 05/08/15 CRUMMY, CHARLES 282.06 05/08/15 DABRUZZI, THOMAS 2,882.50 05/08/15 HALWEG, JODI 3,236.49 05/08/15 HAWTHORNE, ROCHELLE 2,759.84 05/08/15 HAGEN, MICHAEL 905.56 05/08/15 HALE, JOSEPH 966.50 05/08/15 JANSEN, CHAD 507.01 05/08/15 JUREK, GREGORY 559.98 05/08/15 HUTCHINSON, JAMES 481.72 05/08/15 IMM, TRACY 284.82 05/08/15 KERSKA, JOSEPH 114.95 05/08/15 KONDER, RONALD 984.61 05/08/15 KANE, ROBERT 984.95 05/08/15 KARRAS, JAMIE 727.54 05/08/15 LOCHEN, MICHAEL 550.33 05/08/15 MERKATORIS, BRETT 657.01 05/08/15 KUBAT, ERIC 2,954.81 05/08/15 LINDER, TIMOTHY 2,908.91 05/08/15 MONDOR, MICHAEL 3,806.21 05/08/15 MONSON, PETER 349.67 05/08/15 MILLER, LADD 988.04 05/08/15 MILLER, NICHOLAS 296.30 05/08/15 NIELSEN, KENNETH 549.61 05/08/15 NOVAK, JEROME 3,126.91 05/08/15 MORGAN, JEFFERY 39.36 05/08/15 NEILY, STEVEN 68.71 05/08/15 OPHEIM, JOHN 562.97 05/08/15 PACHECO, ALPHONSE 742.69 05/08/15 NOWICKI, PAUL 452.23 05/08/15 OLSON, JAMES 3,240.02 05/08/15 PETERSON, ROBERT 3,197.20 05/08/15 POWERS, KENNETH 591.03 05/08/15 PARROW, JOSHUA 104.16 05/08/15 PETERSON, MARK 837.18 05/08/15 RANK, PAUL 931.53 05/08/15 RICE, CHRISTOPHER 792.34 05/08/15 RAINEY, JAMES 999.33 05/08/15 RANGEL, DERRICK 682.52 05/08/15 SEDLACEK, JEFFREY 2,989.19 05/08/15 STREFF, MICHAEL 2,942.74 05/08/15 RODDY, BRETT 311.99 05/08/15 RODRIGUEZ, ROBERTO 79.99 05/08/15 GERVAIS-JR, CLARENCE 4,239.86 05/08/15 LUKIN, STEVEN 4,911.94 05/08/15 SVENDSEN, RONALD 3,362.47 05/08/15 TROXEL, REID 845.16 05/08/15 SINDT, ANDREA 2,654.60 05/08/15 BRINK, TROY 2,655.81 05/08/15 ZWIEG, SUSAN 1,214.46 05/08/15 CORTESI, LUANNE 2,020.37 G1, Attachments Council Packet Page Number 32 of 370 05/08/15 EDGE, DOUGLAS 2,792.16 05/08/15 JONES, DONALD 2,302.49 05/08/15 BUCKLEY, BRENT 2,282.77 05/08/15 DEBILZAN, THOMAS 2,294.99 05/08/15 OSWALD, ERICK 2,424.52 05/08/15 RUIZ, RICARDO 1,902.67 05/08/15 MEISSNER, BRENT 2,238.77 05/08/15 NAGEL, BRYAN 3,803.10 05/08/15 BURLINGAME, NATHAN 2,463.20 05/08/15 DUCHARME, JOHN 2,915.03 05/08/15 RUNNING, ROBERT 2,505.17 05/08/15 TEVLIN, TODD 2,350.27 05/08/15 LINDBLOM, RANDAL 2,915.02 05/08/15 LOVE, STEVEN 3,929.31 05/08/15 ENGSTROM, ANDREW 3,182.19 05/08/15 JAROSCH, JONATHAN 3,193.97 05/08/15 JANASZAK, MEGHAN 1,985.97 05/08/15 KONEWKO, DUWAYNE 4,895.31 05/08/15 THOMPSON, MICHAEL 5,182.00 05/08/15 ZIEMAN, SCOTT 192.00 05/08/15 HINNENKAMP, GARY 2,647.57 05/08/15 NAUGHTON, JOHN 2,440.82 05/08/15 HAMRE, MILES 2,006.58 05/08/15 HAYS, TAMARA 1,908.40 05/08/15 BIESANZ, OAKLEY 2,083.35 05/08/15 DEAVER, CHARLES 670.56 05/08/15 NORDQUIST, RICHARD 2,287.20 05/08/15 ORE, JORDAN 1,952.67 05/08/15 HUTCHINSON, ANN 2,818.31 05/08/15 SOUTTER, CHRISTINE 385.02 05/08/15 GERNES, CAROLE 826.93 05/08/15 HAYMAN, JANET 1,169.94 05/08/15 KROLL, LISA 2,076.37 05/08/15 YOUNG, TAMELA 2,184.37 05/08/15 WACHAL, KAREN 1,034.78 05/08/15 GAYNOR, VIRGINIA 3,451.03 05/08/15 BRASH, JASON 2,828.37 05/08/15 CARVER, NICHOLAS 7,741.31 05/08/15 FINWALL, SHANN 4,006.35 05/08/15 MARTIN, MICHAEL 2,994.78 05/08/15 WEIDNER, JAMES 1,760.00 05/08/15 WELLENS, MOLLY 1,852.90 05/08/15 SWAN, DAVID 2,939.57 05/08/15 SWANSON, CHRIS 1,951.57 05/08/15 CLINE, ABBY 374.50 05/08/15 FORTIER, JESSICA 36.75 05/08/15 BJORK, BRANDON 60.50 05/08/15 BRENEMAN, NEIL 2,533.34 05/08/15 KUSTERMAN, KEVIN 52.00 05/08/15 LARSON, MARIAH 148.75 05/08/15 GORACKI, GERALD 80.75 05/08/15 KONG, KATELYNE 66.00 05/08/15 MOUA, CHEE 48.75 05/08/15 ROBBINS, AUDRA 3,570.21 G1, Attachments Council Packet Page Number 33 of 370 05/08/15 ROBBINS, CAMDEN 116.88 05/08/15 RUSS, KAYLA 112.50 05/08/15 ADAMS, DAVID 2,142.40 05/08/15 HAAG, MARK 2,849.89 05/08/15 TAYLOR, JAMES 3,400.88 05/08/15 VUKICH, CANDACE 536.25 05/08/15 DIONNE, ANN 658.51 05/08/15 EVANS, CHRISTINE 2,049.31 05/08/15 SCHULTZ, SCOTT 3,727.16 05/08/15 WILBER, JEFFREY 1,909.46 05/08/15 HOFMEISTER, MARY 1,170.79 05/08/15 KELLEY, CAITLIN 1,147.92 05/08/15 GIBSON, CHRISTINE 2,212.41 05/08/15 HECKENDORN, TAYLOR 301.50 05/08/15 SKRYPEK, JOSHUA 591.00 05/08/15 SMITH, CORTNEY 192.38 05/08/15 MILLER, KAREN 170.00 05/08/15 RUZICHKA, JANICE 255.00 05/08/15 ANDERSON, JOSHUA 772.90 05/08/15 BAETZOLD, CLAIRE 42.75 05/08/15 ST SAUVER, CRAIG 375.27 05/08/15 WISTL, MOLLY 510.28 05/08/15 BERGLUND, ERIK 123.00 05/08/15 BESTER, MICHAEL 83.89 05/08/15 BAUDE, SARAH 32.81 05/08/15 BEAR, AMANDA 189.00 05/08/15 CLARK, PAMELA 94.05 05/08/15 CRANDALL, ALYSSA 154.45 05/08/15 BUCKLEY, BRITTANY 677.10 05/08/15 BUTLER, ANGELA 127.76 05/08/15 DRECHSEL, HEIDI 52.21 05/08/15 DUCHARME, DANIELLE 191.00 05/08/15 CRANDALL, KRISTA 172.54 05/08/15 DEMPSEY, BETH 280.51 05/08/15 ERICKSON-CLARK, CAROL 37.50 05/08/15 ERICSON, WESTIN 170.00 05/08/15 EKSTRAND, DANIEL 200.38 05/08/15 EKSTRAND, TAMERA 123.50 05/08/15 GARTNER, DARYL 42.50 05/08/15 GRAY, SOPHIE 32.63 05/08/15 FONTAINE, KIM 958.50 05/08/15 FREDRICKS, MARTHA 18.00 05/08/15 HAASCH, ANGELA 85.50 05/08/15 HAGSTROM, EMILY 83.75 05/08/15 GRUENHAGEN, LINDA 416.01 05/08/15 GUSTAFSON, BRENDA 268.00 05/08/15 HOLMBERG, LADONNA 164.00 05/08/15 HORWATH, RONALD 3,213.14 05/08/15 HANSEN, HANNAH 103.06 05/08/15 HASSAN, KIANA 31.65 05/08/15 JOHNSON, BARBARA 474.90 05/08/15 KEMP, MAYA 39.38 05/08/15 HUNTLEY, NATALIE 41.75 05/08/15 IACARELLA-FUDALI, BARBARA 127.50 G1, Attachments Council Packet Page Number 34 of 370 05/08/15 LAMEYER, BRENT 113.40 05/08/15 LAMSON, ELIANA 27.38 05/08/15 KOHLER, ROCHELLE 14.06 05/08/15 KOLLER, NINA 292.00 05/08/15 MASON, AMY 133.65 05/08/15 MCCOMAS, LEAH 203.00 05/08/15 LARSON, KIRA 77.50 05/08/15 LORENTZEN, CHRISTINE 104.00 05/08/15 MUSKAT, JULIE 187.02 05/08/15 NITZ, CARA 449.04 05/08/15 MCKILLOP, AMANDA 175.52 05/08/15 MONGE, NOAH 32.00 05/08/15 RANEY, COURTNEY 835.40 05/08/15 RAU, COLE 76.95 05/08/15 OHS, CYNTHIA 186.00 05/08/15 PROESCH, ANDY 630.00 05/08/15 RESENDIZ, LORI 2,827.31 05/08/15 RHYNER, ALEXANDER 21.25 05/08/15 REHLING-ANDERSON, LORIE 168.75 05/08/15 RENSTROM, KEVIN 221.50 05/08/15 ROLLERSON, TERRANCE 60.76 05/08/15 ROSAND, WALKER 64.00 05/08/15 RICHTER, DANIEL 95.75 05/08/15 ROETTGER, MOLLY 32.00 05/08/15 SCHREIER, ROSEMARIE 207.96 05/08/15 SMITH, ANN 62.40 05/08/15 SCHERER, KATHLENE 126.26 05/08/15 SCHMIDT, VICTORIA 40.00 05/08/15 STICKLER, MADALYN 36.22 05/08/15 SYME, LAUREN 192.24 05/08/15 SMITH, JEROME 170.38 05/08/15 SMITLEY, SHARON 274.57 05/08/15 TUPY, MARCUS 96.00 05/08/15 WAGNER, JODY 342.00 05/08/15 TREPANIER, TODD 244.14 05/08/15 TRUONG, CHAU 70.00 05/08/15 YANG, JUDY 110.00 05/08/15 BILJAN, MERANDA 57.38 05/08/15 WALLNER, KRISTIN 163.00 05/08/15 WHITE, DANICA 26.38 05/08/15 CHRISTAL, JENNIFER 370.00 05/08/15 ELLISON, LELIA 83.25 05/08/15 BOSLEY, CAROL 137.25 05/08/15 BUTLER-MILLER, JADE 132.13 05/08/15 LANGER, KAYLYN 38.00 05/08/15 MOSLOSKI, JESSICA 17.00 05/08/15 FRANZMEIER, EILEEN 283.64 05/08/15 LANGER, CHELSEA 336.63 05/08/15 CRAWFORD, SHAWN 500.00 05/08/15 DOUGLASS, TOM 2,066.27 05/08/15 AUSTIN, CATHERINE 144.00 05/08/15 BOWMAN, CHRIS 244.00 05/08/15 HEINTZ, JOSHUA 128.00 05/08/15 KRECH, ELAINE 721.40 G1, Attachments Council Packet Page Number 35 of 370 9994941 9994942 9994953 9994954 9994955 9994956 2,356.85 05/08/15 FRANZEN, NICHOLAS 3,225.44 05/08/15 WOEHRLE, MATTHEW 05/08/15 XIONG, BOON 1,647.57 05/08/15 05/08/15 LOONEY, RAYJEANIA 192.00 05/08/15 MAIDMENT, COLIN 687.75 PRIEM, STEVEN 2,568.19 05/08/15 FOWLDS, MYCHAL 4,268.88 05/08/15 BERGO, CHAD 2,907.76 05/08/15 PRINS, KELLY 2,449.62 05/08/15 MALONEY, SHAUNA 93.50 05/08/15 NESVACIL, BRENNAN 112.00 05/08/15 REILLY, MICHAEL 2,059.40 05/08/15 STEFFEN, MICHAEL 102.00 05/08/15 COUNTRYMAN, BRENDA 1,360.00 05/08/15 O'BRIEN, ELIZABETH 102.61 528,170.04 05/08/15 KRECH, TRAVIS 376.13 05/08/15 EKSTRAND, RYAN 169.13 05/08/15 MADSEN, JEFFREY 75.00 05/08/15 KREGER, JASON 2,486.90 04/23/15 CAPISTRANT, JOHN 713.44 04/23/15 CAPISTRANT, JACOB 526.47 G1, Attachments Council Packet Page Number 36 of 370 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Gayle Bauman, Finance Director DATE: May 14, 2015 SUBJECT: Approval of Resolution Authorizing Purchase of Insurance Agent Services Introduction Council authorization is requested to purchase insurance agent and broker of record services from Arthur J. Gallagher and Company at a cost of $12,000 for the period from 7/1/15 through 6/30/16. The current cost is $12,000. This company serves as the broker of record for the city’s property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. This is a recurring contract. Arthur J. Gallagher and Company was selected through a request for proposals (RFP) process in 2004. Budget Impact This cost is budgeted for in the 2015 budget. Recommendation Staff recommends approval of the attached resolution to retain Arthur J. Gallagher and Company as insurance agent for the city of Maplewood at a cost of $12,000. Council Packet Page Number 37 of 370 G2 Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2015 and continuing through June 30, 2016. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the re-appointment of Arthur J. Gallagher and Company as the broker of record and insurance agent for the City of Maplewood starting July 1, 2015 through June 30, 2016. ______________________________ City Clerk Council Packet Page Number 38 of 370 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Gayle Bauman, Finance Director DATE: May 14, 2015 SUBJECT: Approval of Resolution to Adopt State Performance Measures Introduction The Council on Local Results and Innovation was created by the 2010 Legislature to set benchmarks for city and county operations. Through several meetings, the group adopted standards which may aid residents, taxpayers, and state and local elected officials in determining the efficiency of counties and cities in providing services, and measure residents’ opinions of those services. Participation is voluntary and participants are eligible for a reimbursement of $0.14 per capita in local government aid, not to exceed $25,000, and are also exempt from levy limits for pay 2016, if they are in effect. Background Based on the 2010 census, adoption of these standards would allow Maplewood to collect $5,322 in 2015. When this program first came out, the City anticipated it would have to spend thousands of dollars to perform a useful and thorough survey. The League of MN Cities summarized the reporting requirements and created a survey tool to help cities fulfill the citizen survey requirement. Staff is not anticipating producing a formal mailed survey. Instead it will create an on-line survey hosted by Survey Monkey and share the survey link with residents on the city website, in the city newsletter and through social media. Budget Impact Staff time will be needed to create the survey and process the results. The funding being provided by the State should be sufficient to cover these costs. Recommendation Staff recommends approval of the Resolution to Adopt State Performance Measures. Attachments 1. Model Performance Measures for Cities 2. Resolution Adopting State Performance Measures Council Packet Page Number 39 of 370 G3, Attachment 1 Model Performance Measures for Cities The following are the recommended model measures of performance outcomes for cities, with alternatives provided in some cases. Key output measures are also suggested for consideration by local city officials. General: 1. Rating of the overall quality of services provided by your city (Citizen Survey: excellent, good, fair, poor) 2. Percent change in the taxable property market value 3. Citizens’ rating of the overall appearance of the city (Citizen Survey: excellent, good, fair, poor) Police Services: 4. Part I and II crime rates (Submit data as reported by the Minnesota Bureau of Criminal Apprehension. Part I crimes include murder, rape, aggravated assault, burglary, larceny, motor vehicle theft, and arson. Part II crimes include other assaults, forgery/counterfeiting, embezzlement, stolen property, vandalism, weapons, prostitution, other sex offenses, narcotics, gambling, family/children crime, D.U.I., liquor laws, disorderly conduct, and other offenses.) OR Citizens’ rating of safety in their community (Citizen Survey: very safe, somewhat safe, neither safe nor unsafe, somewhat unsafe, very unsafe) Output Measure: Police response time (Time it takes on top priority calls from dispatch to the first officer on scene.) Fire Services: 5. Insurance industry rating of fire services (The Insurance Service Office (ISO) issues ratings to Fire Departments throughout the country for the effectiveness of their fire protection services and equipment to protect their community. The ISO rating is a numerical grading system and is one of the primary elements used by the insurance industry to develop premium rates for residential and commercial businesses. ISO analyzes data using a Fire Suppression Rating Schedule (FSRS) and then assigns a Public Protection Classification from 1 to 10. Class 1 generally represents superior property fire protection and Class 10 indicates that the area's fire suppression program does not meet ISO's minimum criteria.) OR Citizens’ rating of the quality of fire protection services (Citizen Survey: excellent, good, fair, poor) Output Measure: Fire response time (Time it takes from dispatch to apparatus on scene for calls that are dispatched as a possible fire). Emergency Medical Services (EMS) response time (if applicable) (Time it takes from dispatch to arrival of EMS) Council Packet Page Number 40 of 370 G3, Attachment 1 Streets: 6. Average city street pavement condition rating (Provide average rating and the rating system program/type. Example: 70 rating on the Pavement Condition Index (PCI)) OR Citizens’ rating of the road condition in their city (Citizen Survey: good condition, mostly good condition, many bad spots) 7. Citizens’ rating the quality of snowplowing on city streets (Citizen Survey: excellent, good, fair, poor) Water: 8. Citizens’ rating of the dependability and quality of city water supply (centrally-provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Operating cost per 1,000,000 gallons of water pumped/produced (centrally-provided system) (Actual operating expense for water utility / (total gallons pumped/1,000,000)) Sanitary Sewer: 9. Citizens’ rating of the dependability and quality of city sanitary sewer service (centrally provided system) (Citizen Survey: excellent, good, fair, poor) Output Measure: Number of sewer blockages on city system per 100 connections (centrally provided system) (Number of sewer blockages on city system reported by sewer utility / (population/100)) Parks and Recreation: 10. Citizens’ rating of the quality of city recreational programs and facilities (parks, trails, park buildings) (Citizen Survey: excellent, good, fair, poor) Council Packet Page Number 41 of 370 G3, Attachment 2 Councilmember _______________________ introduced the following resolution and moved its adoption: RESOLUTION ADOPTING STATE PERFORMANCE MEASURES WHEREAS, the Minnesota Legislature created a Council on Local Results and Innovation; and WHEREAS, participation in the program may assist the City of Maplewood in improving service delivery and enhancing communication with residents; BE IT RESOLVED THAT the City does hereby adopt and will implement the minimum 10 performance measures developed by the Council on Local Results and Innovation; the City has implemented a local performance measurement system; the City will survey its residents by the end of the calendar year on the services included in the performance benchmarks; the City will report the results of the 10 adopted measure to its residents before the end of the calendar year through publication, posting on the entity’s website, or through a public hearing at which the budget and levy will be discussed and public input allowed. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember _____________________ and upon vote being taken thereon, the following voted in favor and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to participation in the State’s Performance Measurement Program. ______________________________ City Clerk Council Packet Page Number 42 of 370 G4 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Gayle Bauman, Finance Director DATE: May 14, 2015 SUBJECT: Approval to Close Debt Service Funds Introduction Two debt service funds need to be closed because the bonds have been called and refinanced by refunding bonds. Background The State Aid Street Refunding Bonds Series 2012B were issued to refinance the State Aid Street Bonds Series 2004E and the Improvement Refunding Bonds Series 2015A were issued to refinance the Improvement Bonds Series 2005A. The transfers listed below are needed for the refunding bonds to close the funds. From To Amount Fund Series Fund Series $2,150,105.54 366 2012B Bonds 351 2004E Bonds 311,744.23 371 2015A Bonds 353 2005A Bonds Balance sheet accounts related to taxes and special assessments will also need to be moved to the new fund. Budget Impact There is no financial impact to the city as the proposal is to transfer money between funds. Recommendation It is recommended that the Council authorize the Finance Director to make all entries necessary to account for the transfers listed above and to move any remaining balance sheet accounts to the new funds. Council Packet Page Number 43 of 370 G5 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: May 12, 2015 SUBJECT: Approval of Temporary Lawful Gambling - Local Permits for Ramsey Nursing Home Foundation, 2000 White Bear Avenue Introduction Four (4) applications for temporary Lawful Gambling – Local permits have been submitted by Valerie Anderson on behalf of Ramsey Nursing Home Foundation, to be used at Ramsey County Care Center, 2000 White Bear Avenue, in Maplewood. Background This permits will be used for the Care Center’s Bingo Night on the following dates in 2015: July 21, August 20, September 22, and October 22, from 5:00pm to 8:30pm each event. Proceeds from the event will go towards raising funds to support outings for the residents at the Care Center, not typically covered by traditional funding. Budget Impact None Recommendation Staff recommends that Council approve the temporary Lawful Gambling – Local permit(s) for Ramsey Nursing Home Foundation, 2000 White Bear Avenue. Council Packet Page Number 44 of 370 G6 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: May 14, 2015 SUBJECT: Approval of a Fee Waiver for a Temporary Food Sales Permit for North East Soccer Association Introduction On Wednesday, May 6, 2015, Karen Thole submitted an application for a Temporary Food Sales permit on behalf of the North East Soccer Association, to be used at the annual NESA Classic Soccer Tournament on June 5 through 7, 2015. The proceeds garnered from the tournament and food sales will be used to promote soccer in the community, in addition to being put back into maintaining the Hazelwood Soccer Complex fields and equipment. Upon application, Ms. Thole requested that the Food Sales permit fee of $165.00 be waived since the funds raised from sales were being donated to benefit the association and community. Recommendation Staff recommends the approval to waive the $165.00 fee associated with the temporary Food Sales Permit for the North East Soccer Association, used for their event on June 5 through 7, 2015. Council Packet Page Number 45 of 370 G7 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: May 20, 2015 SUBJECT: Approval of Motion for Second Reading of Ordinance Amending Chapter 14, Article XVIII Relating to the Sale of Tobacco-Related Products Introduction A Public Hearing was conducted at the April 27, 2015 city council meeting to approve the first reading of proposed amendments to the ordinance relating to the sale of tobacco and tobacco related products. The second reading was heard and approved at the May 11, 2015 council meeting, with direction to bring specific wording back for final approval on the Consent Agenda. Background Upon approval of the final language, notification of the ordinance change will be published as a legal notice in the June 3, 2015 edition of the official newspaper, at which time the ordinance will become legal. Certified, return receipt letters will be sent to all current tobacco and tobacco related product license holders notifying them of the ordinance. The motion approving the second reading follows: Councilmember Cardinal moved to approve second reading of the ordinance amending Chapter 14, Article XVIII relating to the sale of tobacco-related products grandfathering in the following: current addresses that are allowing e-cigarette sampling known as vaping, when the establishments at the current addresses are sold, rented or change hands the address will continue to qualify for a cigarette or tobacco license, but will not be permitted to allow e-cigarette sampling. Signs must be posted as directed by the State of Minnesota Administrative Rules. Staff is directed to ensure compliance checks as stated in the ordinance and add the grandfathered verbiage to the ordinance and bring it back to next council meeting under the consent agenda for approval. Seconded by Mayor Slawik To incorporate the motion into the ordinance the following language was added: Sec. 14-1377. - Smoking prohibited. Smoking shall not be permitted and no person shall smoke within the indoor area of any establishment with a tobacco license. Smoking for the purpose of sampling tobacco, tobacco- related devices, or electronic delivery devices is also prohibited except for the following addresses, which are grandfathered in upon passage of Ordinance 947: 2515 White Bear Avenue N, 1700 Rice Street N, 1703 Cope Avenue E, 3025 White Bear Avenue N. When the Council Packet Page Number 46 of 370 G7 establishments are sold, rented or change hands the address will continue to qualify for cigarette or tobacco licenses but will not be permitted to allow e-cigarette sampling within the indoor area of the establishment. Signage must be posted as directed by State of Minnesota Administrative Rules. Recommendation Approve the language in Section 14-1377 incorporating the motion made at the second reading held on May 11, 2015. Council Packet Page Number 47 of 370 G8 MEMORANDUM TO: Melinda Coleman, City Manager Gayle Bauman, Finance Director FROM: Steve Lukin, Fire Chief DATE: May 18, 2015 SUBJECT: Approval to Dispose of Fire Department Vehicles Introduction With the closing of three of our fire stations, the following fire department vehicles will no longer be needed: a 1997 Peterbilt Custom Built fire truck and a 2000 Peterbilt Custom Built fire truck. Both of these items will be disposed of per city policy. Recommendation Staff recommends that the city council approve the disposal of the fire department vehicles. Attachments None Council Packet Page Number 48 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: May 18, 2015 SUBJECT: Approval of a Conditional Use Permit Review, Beaver Lake Elementary School, 1060 Sterling Street Introduction The conditional use permit (CUP) for Beaver Lake Elementary School, located at 1060 Sterling Street North, is due for its annual review. Last year, the city council approved a building addition and other site improvements. Background On May 12, 2014, the council approved an amendment to a CUP for a building addition and design plans. Discussion The building addition is complete and the interior renovations are nearing completion. The required trash enclosure has been built. The city recently issued a permit for the school district to resurface the north parking lot which has fallen into disrepair. This work will be completed later in the summer. Staff recommends reviewing again to ensure completed of exterior improvements and that required landscaping has survived. Budget Impact None. Recommendation Review the conditional use permit for Beaver Lake Elementary School again in one year. Attachments 1. Overview Map 2. Site Plan 3. Building Elevations 4. City Council Minutes, May 12, 2014 G9 Council Packet Page Number 49 of 370 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1060 Sterling Street North - Beaver Lake Elementary School CUP Review - Overview Map G9, Attachment 1 Council Packet Page Number 50 of 370 G9, Attachment 2 Council Packet Page Number 51 of 370 G9, Attachment 3 Council Packet Page Number 52 of 370 A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the shoreland setback requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. B. Approval of the requested shoreland setback variance would benefit the adjacent lake because the site will have its impervious surface area reduced. C. Approval would meet the spirit and intent of the ordinance since the proposed addition would be built in an area that is already maintained as lawn, which is also allowed by ordinance. D. The Minnesota Department of Natural Resources has reviewed the applicant’s plans and does not require a permit or have any state statutes that prevent the addition from being built. Conditions of Approval: Approval of the shoreland setback variance shall be subject to complying with all of the conditions of approval in Shann Finwall and Virginia Gaynor’s Environmental Review. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Approval of a Conditional Use Permit Resolution and Design Plans for a Building Addition to Beaver Lake Elementary School, 1060 Sterling Street Senior Planner Ekstrand gave the staff report. Mike Boland, ISD622 Operations & Maintenance Supervisor address the council to give additional information and answer questions. Councilmember Juenemann moved to approve the conditional use permit resolution approving the plans for the addition to Beaver Lake Elementary, located at 1060 Sterling Street North. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped April 15, 2014. Staff may approve minor changes. 2. The proposed construction shall be substantially started within one year of council approval or this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall plant four trees to replace the four that are to be removed. Replacement trees shall be at least two inches in caliper if they are deciduous or at least six feet tall if they are evergreens. The applicant shall work with staff on this landscaping plan. G9, Attachment 4 Council Packet Page Number 53 of 370 5. The applicant shall repair the pot holes in the parking lots and driveway from Stillwater Road. The graveled area on the north side of the building shall be paved within one year. 6. The applicant shall work with staff on the construction of a trash enclosure for the north side of the building to contain the two trash dumpsters. The trash enclosure shall be a material compatible with the building and have closeable gates. The trash enclosure shall be completed along with the construction of the proposed addition. 7. The applicant shall comply with all requirements of the city’s engineering department report dated April 15, 2014. Resolution 14-5-1066 Conditional Use Permit WHEREAS, Independent School District 622, has applied for a conditional use permit to construct a building addition to the Beaver Lake Elementary School. WHEREAS, Section 44-1092 (3) requires a CUP for any educational institution. WHEREAS, this permit applies to the property located at 1060 Sterling Street North. The legal description of this property is: This property lies within the NE ¼ of Section 25, Township 29, Range 22, Ramsey County, Minnesota. PID #252922130064 WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 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 May 12, 2014, 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 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. G9, Attachment 4 Council Packet Page Number 54 of 370 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 plan approved by the city date- stamped April 15, 2014. Staff may approve minor changes. 2. The proposed construction shall be substantially started within one year of council approval or this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall plant four trees to replace the four that are to be removed. Replacement trees shall be at least two inches in caliper if they are deciduous or at least six feet tall if they are evergreens. The applicant shall work with staff on this landscaping plan. 5. The applicant shall repair the pot holes in the parking lots and driveway from Stillwater Road. The graveled area on the north side of the building shall be paved within one year. 6. The applicant shall work with staff on the construction of a trash enclosure for the north side of the building to contain the two trash dumpsters. The trash enclosure shall be a material compatible with the building and have closeable gates. The trash enclosure shall be completed along with the construction of the proposed addition. 7. The applicant shall comply with all requirements of the city’s engineering department report dated April 15, 2014. The Maplewood City Council approved this resolution on May 12, 2014. G9, Attachment 4 Council Packet Page Number 55 of 370 Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of a Conditional Use Permit Resolution to Reduce the Parking Lot Setback for the Hobby Lobby Dock Addition at the Plaza 3000 Shopping Center, 3000 White Bear Avenue City Planner Ekstrand gave the staff report and answered questions of the council. Tom Schuette of Azure Properties addressed the council to give additional information and answer questions. Councilmember Cardinal moved to approve the conditional use permit resolution approving the plans for the widening of the Plaza 3000 Shopping Center parking lot on the south side of the building. This approval allows a parking lot setback reduction from 11.5 feet to six feet 10 inches. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The planting plan shall be subject to staff approval. Resolution 14-5-1067 Conditional Use Permit WHEREAS, Azure Properties has applied for a conditional use permit to reduce their parking lot setback on the south side of the building from the Lydia Avenue right-of- way. WHEREAS, Section 44-12 (e) of the city ordinances requires a conditional use permit to enlarge, reconstruct or structurally alter a non-confirming use. WHEREAS, this permit applies to the property located at 3000 White Bear Avenue. The legal description of this property is: G9, Attachment 4 Council Packet Page Number 56 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: Ma y 19, 2015 SUBJECT: Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000 White Bear Avenue Introduction The conditional use permit (CUP) for Plaza 3000, located at 3000 White Bear Avenue North, is due for its annual review. Last year, the city council approved a CUP to reduce the parking lot setback on the south side of the building by Lydia Avenue. The affected parking lot driveway is adjacent to the new dock addition recently constructed for the Hobby Lobby Background 1974: The city council approved plans for the Plaza 3000 Shopping Center. January 28, 2014: The community design review board approved the design plans for the addition of the Hobby Lobby at the Plaza 3000. May 12, 2014: The council approved a CUP for a reduced parking lot setback on the south side of the building by Lydia Avenue Discussion The parking lot adjustments are complete and all required landscaping is in place. However, during staff’s inspection several trash containers on the site were not located in required enclosures as required by ordinance. Staff recommends reviewing again to ensure the trash containers are properly screened as required by ordinance and required landscaping has survived. Budget Impact None. Recommendation Review the conditional use permit for Plaza 3000 Shopping Center again in one year. G10 Council Packet Page Number 57 of 370 Attachments 1. Overview Map 2. Site Plan 3. City Council Minutes, May 12, 2014 G10 Council Packet Page Number 58 of 370 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 3000 White Bear Avenue - Plaza 3000 CUP Review - Overview Map G10, Attachment 1 Council Packet Page Number 59 of 370 G10, Attachment 2 Council Packet Page Number 60 of 370 Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of a Conditional Use Permit Resolution to Reduce the Parking Lot Setback for the Hobby Lobby Dock Addition at the Plaza 3000 Shopping Center, 3000 White Bear Avenue City Planner Ekstrand gave the staff report and answered questions of the council. Tom Schuette of Azure Properties addressed the council to give additional information and answer questions. Councilmember Cardinal moved to approve the conditional use permit resolution approving the plans for the widening of the Plaza 3000 Shopping Center parking lot on the south side of the building. This approval allows a parking lot setback reduction from 11.5 feet to six feet 10 inches. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The planting plan shall be subject to staff approval. Resolution 14-5-1067 Conditional Use Permit WHEREAS, Azure Properties has applied for a conditional use permit to reduce their parking lot setback on the south side of the building from the Lydia Avenue right-of- way. WHEREAS, Section 44-12 (e) of the city ordinances requires a conditional use permit to enlarge, reconstruct or structurally alter a non-confirming use. WHEREAS, this permit applies to the property located at 3000 White Bear Avenue. The legal description of this property is: G10, Attachment 3 Council Packet Page Number 61 of 370 That part of the South ½ of the Northeast ¼ of the Northwest ¼, lying southerly of the north line of Woodlynn Avenue, subject to Woodlynn Avenue, and lying easterly of White Bear Avenue as now located by Final Certificate recorded as Document Number 1813704, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. And The west 329.31 feet of the Northwest ¼ of the Northeast ¼ Section 2, Township 29 North, Range 22 West, except the north 1321.33 feet, thereof, City of Maplewood, Ramsey County, Minnesota. And Part of the south 640.00 feet of the north 1321.33 feet of the west 329.31 feet of the Northwest ¼, of the Northeast ¼, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 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 May 12, 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. G10, Attachment 3 Council Packet Page Number 62 of 370 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 plan approved by the city date- stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The shrubs shall be at least three feet tall upon planting. The planting plan shall be subject to staff approval. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of a Conditional Use Permit Revision Resolution and Design Plans for Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street City Planner Ekstrand gave the staff report. Steven Wegland of Verizon Wireless addressed the council to give additional information and answer questions. Councilmember Cardinal moved to: A. Adopt the conditional use permit revision resolution approving the expansion of the cell phone and public safety communications facility at the St. Paul Regional Water Services water tower site at the corner of Hillwood Drive and Sterling Street. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined): G10, Attachment 3 Council Packet Page Number 63 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: May 19, 2015 SUBJECT: Approval of a Conditional Use Permit Review, Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street Introduction The conditional use permit (CUP) for the cell phone and public safety communications facility at the St. Paul Regional Water Services water tower site at the corner of Hillwood Drive and Sterling Street is due for its annual review. Verizon Wireless was approved to build a new 12- foot by 30-foot building on site and add antennas to the water tower. Background April 11, 2005: The city council approved a CUP to allow Ramsey County to install 800MHz antennas and the ground structure at the water tower site. May 12, 2014: The city council approved a CUP revision to allow Verizon Wireless to add antennas and the ground structure at the water tower site. Discussion The construction of the building was recently completed. However, the fence and the required trees have yet to be installed. Also, upon staff’s inspection of the site portions of the grass have been damaged due to construction activity and will need to be repaired. Staff recommends reviewing again to ensure the fence and trees and installed. Budget Impact None. Recommendation Review the conditional use permit for cell phone and public safety communications facility at the St. Paul Regional Water Services water tower site again in one year. G11 Council Packet Page Number 64 of 370 Attachments 1. Overview Map 2. Site Plan 3. Building Elevations 4. City Council Minutes, May 12, 2014 G11 Council Packet Page Number 65 of 370 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 645 Sterling Street South - Water Tower Site CUP Review - Overview Map G11, Attachment 1 Council Packet Page Number 66 of 370 G11, Attachment 2 Council Packet Page Number 67 of 370 G11, Attachment 3 Council Packet Page Number 68 of 370 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, May 12, 2014 Council Chambers, City Hall Meeting No. 09-14 1. Approval of a Conditional Use Permit Revision Resolution and Design Plans for Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street City Planner Ekstrand gave the staff report. Steven Wegland of Verizon Wireless addressed the council to give additional information and answer questions. Councilmember Cardinal moved to: A. Adopt the conditional use permit revision resolution approving the expansion of the cell phone and public safety communications facility at the St. Paul Regional Water Services water tower site at the corner of Hillwood Drive and Sterling Street. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined): 1. All construction shall follow the site plan approved by the city date-stamped February 18, 2014. The director of community development may approve minor changes. 2. The proposed construction of the new antenna facility 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. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. Ramsey County shall be responsible only for their communications equipment. 6. Verizon shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by their communications equipment. 7. The applicant shall comply with the conditions noted in the engineering report by Steve Love dated February 13, 2014. 8. The applicant shall provide written approval of this project by the St. Paul Regional Water Services since the proposal is on their site. B. Approve the plans date-stamped February 18, 2014 for the proposed equipment G11, Attachment 4 Council Packet Page Number 69 of 370 building for Verizon Wireless to locate on the water tower site at the corner of Hillwood Drive and Sterling Street. 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 expanded use of the site with an additional building and equipment by Verizon Wireless. 3. The applicant shall revise the landscape plan to show the planting locations of the trees to be staggered into two rows, instead of a single row. The applicant shall also work with staff on increasing the number of trees to the landscape plan to bolster the screening provided. The minimum height of these trees shall be six feet tall. The applicant shall make sure to maintain these trees and keep them watered. 4. If the building project results in a need for a retaining wall at the base of the proposed pre-fabricated building due to grades, the applicant shall provide a detail of this wall for staff approval. 5. The proposed structure shall match the pattern and color of the existing structure. 6. The applicant shall comply with the conditions noted in the engineering report by Steve Love dated February 13, 2014. 7. 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. Resolution 14-5-1068 Conditional Use Permit Revision WHEREAS, Verizon Wireless has applied for a conditional use permit revision be allowed to expand the wireless communications facility which is in place at the St. Paul Regional Water Services water tower site. WHEREAS, Section 44-1327 of the city ordinances requires a conditional use permit for communications towers, including their support equipment, in residential zoning districts. WHEREAS, this permit applies to the property located at the southwest corner of Hillwood Drive and Sterling Street. The legal description of this property is: Outlot B, Beth Heights First Addition, according to the recorded plat in Section 12, Township 28, Range 22 in Ramsey County, Minnesota. (PIN 12-28-22-43-0012) WHEREAS, the history of this conditional use permit is as follows: G11, Attachment 4 Council Packet Page Number 70 of 370 1. On March 18, 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 May 12, 2014, 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 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. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city date- stamped February 18, 2014. The director of community development may approve minor changes. G11, Attachment 4 Council Packet Page Number 71 of 370 2. The proposed construction of the new antenna facility 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. Any antenna or equipment that is not used for a year shall be deemed abandoned and the city may require the owner to remove it. 5. Ramsey County shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by this facility. The county shall make any such corrections or changes in a timely manner. Ramsey County shall be responsible only for their communications equipment. 6. Verizon shall be responsible for costs and implementation of any corrections or changes necessary because of interference or other problems caused by their communications equipment. 7. The applicant shall comply with the conditions noted in the engineering report by Steve Love dated February 13, 2014. 8. The applicant shall provide written approval of this project by the St. Paul Regional Water Services since the proposal is on their site. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. G11, Attachment 4 Council Packet Page Number 72 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental Specialist Shann Finwall, Environmental Planner DATE: May 19, 2015 SUBJECT: Approval to Accept 2015 Spring Clean Up Summary Introduction The Spring Clean Up event was held on Saturday, April 18, 2015, at Aldrich Arena. The City worked with Tennis Sanitation, LLC, as the main contractor for this event. This memorandum summarizes the attendance and materials collected during the event. Background Clean Up Comparisons Following is a comparison of attendance and materials collected during clean up events since 2012. Attendance and # of Items Collected Year 2012 2013 2014 2015 Spring Fall Spring Clean Up Campaign Spring Clean Up Campaign Spring Attendance (# of vehicles) 260 266 252 312 pickup 550 333 pickup 307 Garbage /MSW 12.5 tons 5.94 tons 11.31 tons 25.4 tons 42.16 tons 19.285 Tons 23.8 Tons Demo/Constr uction 31.19 tons 28.75 tons 7.83 tons N/A 7.36 tons N/A 4.59 tons Appliances (#) 74 64 115 71 177 N/A 60 Tires (# at event) 32 17 18 20 40 N/A 10 Tires (# from illegal dumping and city vehicles) 182 192 152 172 152 N/A 80 G12 Council Packet Page Number 73 of 370 Attendance and # of Items Collected Year 2012 2013 2014 2015 Spring Fall Spring Clean Up Campaign Spring Clean Up Campaign Spring Electronic Waste 12,398 lbs 6,287 lbs 14,695 lbs 64 screens, 12 misc. electronics 302 screens, 24,002 lbs N/A 78 screens, 9,104 lbs Mattresses Recycled (#) 41 65 79 80 102 N/A 51 Furniture Collected for Reuse 9,000 lbs 6,000lbs 6,000 lbs 0 200 lbs N/A 1,000 lbs Carpet Recycled 800 lbs 4,750 lbs 2,315 lbs 0 3,410 lbs N/A 2,195 lbs Bicycles Collected for Reuse 1,250 lbs 54 bikes 1,600 lbs 64 Bikes 850 lbs 29 bikes 0 1,800lbs 73 bikes N/A 600 lbs 25 bikes Small Engines 9,000 lbs 500 lbs Food/ Donations (Second Harvest Heartland) 22 lbs 76 lbs/ $30 39 lbs 0 102 lbs $50 N/A 42 lbs Medicine – unwanted, expired, unused 74.5 lbs 50 lbs New Materials Collected Paper Shredding: Residents were able to have their sensitive documents (old bank accounts, credit card statements, old medical records, etc.) shredded for free at the event. The City contracted with Shred It for this service. During the event the City collected 7,900 pounds of material for shredding and recycling. The large amount of materials collected reflects a positive response to this new service. Car Seats: Residents were able to drop off children’s car seats for free during the event. Regions Hospital inspected the car seats for safety. Unfortunately the six car seats that were collected did not pass the safety inspection, but were recycled or disposed of properly through the Spring Clean Up event. Volunteers and Staff Thank you to the volunteers who donated their time and resources to the Spring Clean Up event including Mayor Slawik, Council Members Abrams and Juenemann, and Environmental and G12 Council Packet Page Number 74 of 370 Natural Resources Commissioners Trippler, Yingling, and Edmundson. Acknowledgement of Maplewood staff who worked during the event include Maplewood Police Officer Paul Bartz for organizing the medicine collection, the Maplewood Police Reserves for assisting with layout and traffic control, and the Environment and Economic Development and Public Works staff that assisted with the event. 2015 Fall Clean Up Campaign and 2016 Spring Clean Up The 2015 Fall Clean Up Campaign will be held throughout the month of October. The City will partner with Republic Services, the City’s residential trash hauler, to collect bulky items curbside at a reduced rate. The 2016 Spring Clean Up event is tentatively scheduled for April 23, 2016, at Aldrich Arena. Budget Impact Since 2010 the City has subsidized approximately 60 percent of the disposal cost associated with the drop-off clean up events (an average of $9,000 per event). The cost for the 2015 Spring Clean Up was $10,376.22, which is funded through the City’s recycling program. SUMMARY No action is required on this item. G12 Council Packet Page Number 75 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner Joe Ballandby, Minnesota GreenCorps Member DATE: May 20, 2015 SUBJECT: Approval of a Memorandum of Understanding for the Implementation Phase of Partners in Energy Introduction Partners in Energy is a two-year community support service sponsored by Xcel Energy. The service offers communities the tools and resources necessary to develop and implement an energy action plan that outlines energy goals. Background On November 24, 2014, the City Council adopted a Memorandum of Understanding (MOU) for the Partners in Energy planning phase and the formation of an Energy Action Team. The Energy Action Team included a group of Maplewood residents, businesses, elected and appointed officials, and City staff committed to working on sustainability in the community. January through March 2015 the Energy Action Team developed an energy action plan which outlined an energy vision and energy goals for action for the next 20 months (May 2015 through December 2016). On April 27, 2015, the City Council approved the energy action plan. The plan is called “Energize Maplewood!” and can be viewed on the City’s Partners in Energy webpage at www.ci.maplewood.mn.us/pie. Discussion Energy Action Plan Energize Maplewood! outlines two energy implementation focus areas to be implemented over the next 20 months including: 1. Direct outreach and energy coaching for high-profile businesses. 2. Energy education and public events to motivate residential energy awareness and conservation. Memorandum of Understanding – Implementation Phase Xcel Energy has prepared a MOU for the implementation phase of the Partners in Energy service project (Attachment 1). The MOU recognizes the City’s achievement in developing a community-wide energy action plan and outlines how the City and Xcel Energy will continue to G13 Council Packet Page Number 76 of 370 work together to support the community in implementing the plan. Following is a summary of the MOU: Xcel Energy agrees to: • Assist with outreach to local businesses and institutions. • Support development and delivery of an Energy Challenge. • Provide tracking information for Xcel Energy program participation. • Provide funding for an incremental intern position that will serve as the City’s Energy Ambassador and have assigned duties associated with implementing Energize Maplewood! • Recognize milestones in the development and implementation of the plan through support of educational signage that recognizes the efforts to save energy and develop renewable energy sources by the City. • Providing general project management. Maplewood agrees to: • Support energy conservation and renewable energy choices in the City. • Leverage the City’s resources to communicate the plan. • Support the development, coordination, and promotion of a series of energy clinics delivered through local home improvement stores or City facilities. • Provide Xcel Energy an opportunity to review marketing materials to assure accuracy when incorporating the Xcel Energy logo or reference Xcel Energy’s products of services. • Share the collateral, energy action plan document, and implementation results from Energize Maplewood! with the public. Budget Impact There is no cost to participate in the Partners in Energy implementation phase. The City is agreeing the energy actions outlined in the Energize Maplewood! energy action plan with resources and staffing. Recommendations Approve the Memorandum of Understanding for the for the implementation phase of Partners in Energy. Attachment 1. Partners in Energy Implementation Memorandum of Understanding 2 G13 Council Packet Page Number 77 of 370 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase IMPLEMENTATION MEMORANDUM OF UNDERSTANDING Mayor Nora Slawik City of Maplewood 1830 County Road B East Maplewood, MN 55109 The intent of this Memorandum of Understanding is to recognize the achievement of the City of Maplewood, in successfully developing a community-wide energy action plan, now known as “Energize Maplewood!”. Northern States Power Company, doing business as Xcel Energy, through Partners in Energy has supported the development of “Energize Maplewood!”. This document will outline how the City of Maplewood and Xcel Energy will continue to work together to support the community as they implement “Energize Maplewood!”. The term of this joint support, as defined in this document, will extend from May 1, 2015 until December 31, 2016. This is a voluntary agreement and not intended to be legally binding for either party. Xcel Energy will support the City of Maplewood in achieving the goals of “Energize Maplewood!” by: • Assist with outreach to the local businesses and institutions. o Xcel Energy will provide a collateral packet and outline of talking points for business engagement. Specific target segments include auto dealerships, restaurants and churches. o Develop up to four case studies to use for recognition and outreach. Current plans are to identify a candidate from each segment above plus the City of Maplewood. o Provide guidance in the development of the recommissioning offering associated with the Green Building Code Incentive Program including application design and recommendation of a program structure that will leverage current Xcel Energy programs and maximize conservation. 1 G13, Attachment 1 Council Packet Page Number 78 of 370 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase • Support development and delivery of an Energy Challenge to encourage energy conservation and renewable energy within the residence of Maplewood or those who are somehow engaged in the businesses and institutions of Maplewood, this includes those employed by the businesses within the City or members of organizations that operate within the City. o Xcel Energy will design the rules and structure of the Challenge. This will include a sign-up process, team identification and tracking, initial data intake and prize award structure. o Funding of up to $1,500 for prizes for the Energy Challenge. This funding will be used for both team and individual awards. o Support development of promotions and publicity to communicate the parameters of the Energy Challenge and recognize winners. • Provide tracking information for Xcel Energy program participation for both the businesses and residents of Maplewood. This will be used to track activity for the business and residential markets as well as report activity for the Energy Challenge. • Provide funding for an incremental intern position with who will serve as the Energy Ambassador and have assigned duties associated with implementing “Energize Maplewood!”. Based on the current “Energize Maplewood” goals, funding will be capped at $6,000 September 2015 through December 2016, and will be dependent on having a person employed by the City of Maplewood in this role. The position needs to be staffed for a minimum of 3 months with a minimum of 400 hours worked. Additional funding may be considered if this position is successful in supporting activity that results in incremental conservation beyond the energy action plan goals outlined below. • Recognize milestones in the development and implementation of the energy action plan through support of signage that recognizes the efforts to save energy and develop renewable energy sources by the City of Maplewood. Details for this include: o A series of up to 10 signs that describe projects designed to promote sustainability in Maplewood and have a component that supports energy conservation, energy-efficiency or renewable energy. o In addition to a description of the project the signs will include the City of Maplewood logo and the Partners in Energy logo. o Final design will be approved by both the City of Maplewood and Xcel Energy. o Funding will average $500 per sign up to $5,000 total for the ten sign series. 2 G13, Attachment 1 Council Packet Page Number 79 of 370 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase o One sign will be funded in June of 2015 ($500), 3 signs will be funded in December of 2015 ($1,500) if the Energy Challenge and the Recommissioning component of the Green Building Code Incentive Program have been launched, and 6 signs will be funded in December of 2016 if the City of Maplewood achieves an incremental 828,000 kWh and 45,250 therms of energy conservation. Funding will be provided at the time these goals are achieved if it is prior to December 2016. • Providing general project management, including timeline management, newsletter support, stakeholder communications, maintenance of a shared Google Docs site, and marketing communications support. This is not anticipated to exceed 10 hours per month. The City of Maplewood commits to supporting “Energize Maplewood!” to the best of its ability by: • Supporting conservation and renewable energy choices in the City of Maplewood. Specifically: o In local businesses and institutions, sponsoring an incremental annual electricity savings of 400,000 kWh. This is anticipated to provide participating businesses an annual savings of $1,750 annually. o Enrolling four or more participants in the Green Building Code Incentive Program to drive savings from building recommissioning and provide minimum conservation of 208,000 kWh and 12,000 therms. o In the residential segment, sponsoring an incremental annual electricity savings of 220,000 kWh and 33,250 therms. This is estimated to require 500 participants in energy conservation programs and save each participant an average of $130 annually. o Increasing renewable energy subscriptions by an additional 267,000 kWh. o Motivating 40 additional residents to purchase efficient lighting for their home through education and promotion delivered via home improvement store energy clinics. o Recruiting participants for the “Energize Maplewood!” energy challenge. This includes leveraging City resources for communicating promotion and participation information. • Leveraging the City of Maplewood’s resources to communicate the program parameters and updates regarding participation opportunities and results tracking. This will include but not be limited to the City’s web site and city newsletters. • Supporting the development, coordination and promotion of a series of energy clinics delivered through local home improvement stores that focus on energy conservation projects or renewables. Content and curriculum may also be leveraged through the Maplewood Nature Center & Neighborhood Preserves. 3 G13, Attachment 1 Council Packet Page Number 80 of 370 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Implementation Phase • Providing Xcel Energy an opportunity to review marketing materials to assure accuracy when they incorporate the Xcel Energy logo or reference Xcel Energy’s or any of its products or services. • Sharing the collateral, energy action plan document, supporting work documents and implementation results from “Energize Maplewood!” with the public. The experience, successes and lessons learned from this community will inform others looking at similar or expanded initiatives. All communications pertaining to this agreement shall be directed to Shann Finwall on behalf of the City of Maplewood and Tami Gunderzik on behalf of Xcel Energy. Xcel Energy is excited about this opportunity to support City of Maplewood in advancing their goals around energy. The resources outlined above and provided through Partners in Energy are provided as a part of our commitment to the communities we serve and Xcel Energy’s support of energy-efficiency and renewables as important resources to meet your future energy needs. For the City of Maplewood: For Northern States Power Company, d/b/a Xcel Energy: Nora Slawik Mayor Pat Cline Director, Community Relations Date: Date: 4 G13, Attachment 1 Council Packet Page Number 81 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, Environmental Planner Lois Knutson, Senior Administrative Assistant DATE: May 19, 2015 SUBJECT: Approval of Resolution of Support for the Institutionalization of the Regional Indicators Initiative Introduction The City Council will consider approving a resolution of support for the institutionalization of the Regional Indicators Initiative. Background The Regional Indicators Initiative is managed by the Urban Land Institute of Minnesota. The initiative measures annual performance metrics for Minnesota cities committed to increasing their overall efficiency and level of sustainability. The project collects energy, water, travel, and waste data that reflect the activities of the people who live, work, learn, travel, visit, and play within each city’s geographical boundaries. The greenhouse gas (GHG) emissions and costs associated with each of these indicators are also calculated, providing common metrics to compare the economic and environmental impacts of the indicators. Recording these performance metrics is essential to promoting efficiency and sustainable change. It is also useful for reviewing the success of the state’s GreenStep Cities program and progress toward meeting the state’s energy efficiency and greenhouse gas reduction goals, as defined by the Minnesota Next Generation Energy Act of 2007. The City of Maplewood has been participating in the Regional Indicators Initiative since November 2012 and is a GreenStep City participant. Visit the sustainability webpage at www.ci.maplewood.mn.us/sustainability for additional information on the City’s involvement in Regional Indicators and GreenStep Cities. Discussion The Regional Council of Mayors is recommending that elected leaders in the 11-county metropolitan region support the planned institutionalization of the Regional Indicators Initiative. The plan for institutionalization includes peer review of the project’s methodology, creation of an automated online database, support for cities in using data to integrate energy planning into the comprehensive planning process, establishment of a utility repository for community scale energy data, collection of data for all cities and counties in Minnesota, and continued public tracking of data to measure progress toward city-, region-, and state-wide goals. G14 Council Packet Page Number 82 of 370 Budget Impact No budget impacts to the City. Recommendation It is recommended that the City Council adopt the attached Resolution Supporting the Institutionalization of the Regional Indicators Initiative Attachment 1. Resolution Supporting the Institutionalization of the Regional Indicators Initiative G14 Council Packet Page Number 83 of 370 RESOLUTION REGIONAL INDICATORS INITIATIVE – INSTITUTIONALIZATION Whereas, the Regional Council of Mayors (“RCM”), is composed of the mayors of Minneapolis, St. Paul and 47 municipalities in the developed and developing suburbs. The collaborative partnership provides a non-partisan platform focused on building action strategies to raise overall economic competitiveness, accelerate innovation and improve the quality of life in the MSP region; and Whereas, the Regional Indicators Initiative collects, analyzes, and makes publically available citywide environmental metrics (energy, water, travel, waste, and greenhouse gas emissions) for Minnesota cities; and Whereas, the five-year plan for the institutionalization of the Regional Indicators Initiative includes: a peer review of the project’s methodology by a third party, the creation of an automated online database to manage the data, the collection of Regional Indicators data for all metropolitan area cities and counties, support for cities in using Regional Indicators data to integrate energy planning into the comprehensive planning process, the establishment of a utility repository for community scale energy data, the collection of Regional Indicators data for all cities and counties in the state of Minnesota, and the continued public tracking of Regional Indicators data to measure progress toward city-, region-, and state-wide goals; NOW, THEREFORE, BE IT RESOLVED, that as elected leaders representing cities in Minnesota’s fast-growing 11-county metropolitan region, we hereby declare that we support the planned institutionalization of the Regional Indicators Initiative. Mayor Nora Slawik, City of Maplewood, Minnesota ______________________________ Signature Adopted City Council Resolution ______________________________ Date G14, Attachment 1 Council Packet Page Number 84 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works/City Engineer Scott Schultz, Fleet Superintendent DATE: May 18, 2015 SUBJECT: Approve Purchase of Sanitary Sewer Lift Station Emergency Generator Introduction The 2015 capital outlay budget includes funding for the replacement of one sanitary sewer lift station emergency generator. Council approval is needed to move forward with this purchase. Background The city owns and operates two emergency generators used to power the nine sanitary sewer lift stations during power outages and other unforeseen emergencies. The 1975 Caterpillar generator is due for replacement. The generator’s age and high engine hours have increased repair costs and reduced reliability. Emergency generators are an important asset to the city in allowing the lift stations to operate during power outages to help minimize overflows and backups. The 1975 Caterpillar generator will be sent to state auction. Budget Impact The 2015 capital outlay budget identified $75,000.00 under project # PW03.210 for this purchase. The following are costs associated for the replacement: 100kW Portable Generator $73,475.00 This is $1,525.00 less than the estimated expenditure identified in the Sanitary Sewer fund. The remaining balance will be used for other equipment needs in 2015. Recommendation It is recommended that the City Council approve the purchase of the 100kW Portable Generator under MN State Contract #0000244062 from Cummins NPower, LLC totaling $73,475.00. Attachments 1. Quote/Specs from Cummins Npower, LLC G15 Council Packet Page Number 85 of 370 G15, Attachment 1 Council Packet Page Number 86 of 370 G15, Attachment 1 Council Packet Page Number 87 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, City Engineer / Public Works Director DATE: May 14, 2015 SUBJECT: Approval of Resolution Approving Final Payment and Acceptance of Project, Fire Station 1 Improvements (South Fire Station), City Project 12-14 Introduction The city council will consider approving the attached resolution approving final payment and acceptance of project for the Fire Station 1 Improvements, City Project 12-14. Background The council awarded a construction contract to Terra General Contractors for the Fire Station 1 Improvements, City Project 12-14 on December 19, 2013 in the amount of $3,629,000.00. There have been three change orders to date with a total amount of $94,609.50. These change resulted in a revised construction contract of $3,723,609.50. Discussion The contractor, Terra General Contractors, has completed the project improvements. City staff and the project consultants have reviewed the work and deemed it acceptable. The contractor has also submitted all final project closeout documents required for final acceptance of the project. Budget Impact The final construction contract amount is $3,723,609.50. No adjustment to the approved budget is needed. Recommendation Staff recommends that the council approve the attached Resolution Approving Final Payment and Acceptance of Project for the Fire Station 1 Improvements (South Fire Station), City Project 12-14. Attachments 1. Resolution Approving Final Payment and Acceptance of Project 2. Final Payment Application G16 Council Packet Page Number 88 of 370 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PROJECT 12-14 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 12-14, Fire Station 1 Improvements (South Fire Station), and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Fire Station 1 Improvements (South Fire Station) Project 12-14 is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: City Project 12-14 is complete and maintenance of this improvement is accepted by the City; the final construction cost is $3,723,609.50. Final payment to Terra General Contractors and the release of any retainage or escrow is hereby authorized. Adopted by the Maplewood City Council on this 26th day of May 2015. G16, Attachment 1 Council Packet Page Number 89 of 370 G16, Attachment 2Council Packet Page Number 90 of 370 G16, Attachment 2Council Packet Page Number 91 of 370 G16, Attachment 2Council Packet Page Number 92 of 370 G16, Attachment 2Council Packet Page Number 93 of 370 G16, Attachment 2Council Packet Page Number 94 of 370 G16, Attachment 2Council Packet Page Number 95 of 370 G16, Attachment 2Council Packet Page Number 96 of 370 G16, Attachment 2Council Packet Page Number 97 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director/City Engineer Bryan Nagel, Street/Storm Sewer Superintendent DATE: May 8, 2015 SUBJECT: Approval to Authorize Final Payment for Storm Sewer Repair at 2567 Mayer Lane Introduction City Council approved Capra’s Utilities to perform the necessary storm sewer repairs at the October 13, 2014 council meeting in the amount of $40,256.28. Background The storm sewer system located adjacent to 2567 Mayer Lane failed during the heavy rainfall events from June 2014. Two estimates had been obtained and council approved Capra’s Utilities to perform the work based on their estimate of $40,256.28. During the project it was determined and additional manhole structure was necessary which increased the overall project cost. Capra’s Utilities completed work and submitted the final invoice for payment in the amount of $45,488.78. Budget Impact The $40,256.28 was reimbursed and received from FEMA. The additional funds, $5,232.50, are available in the 2015 approved operations budget under 604-512 “fees for service.” Recommendation Staff recommends that the council authorize final payment to Capra’s Utilities in the amount of $45,488.78. G17 Council Packet Page Number 98 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works / City Engineer DATE: May 18, 2015 SUBJECT: Approval of Gas Franchise Ordinances a.Approval of First Reading of Revised Gas Franchise Ordinance b.Approval of First Reading of New Gas Franchise Fee Ordinance to Fund Additional Road Repairs Introduction The City Council will consider approval of a first reading for two ordinances. The first ordinance is a revised Gas Franchise Ordinance (Attachment 1) and the second is a new Gas Franchise Fee Ordinance (Attachment 2). The notice of first reading for both ordinances was published in the local newspaper on May 13 and 20, 2015. The revised Gas Franchise Ordinance is required because it requires language about the implementation of a Gas Franchise Fee Ordinance through separate ordinance. The revised Gas Franchise Ordinance would supersede the current one, Ordinance 853, which was passed on September 27, 2004. This is consistent with past practice in how the Electric Franchise Ordinance and Electric Franchise Fee Ordinance were treated. Background On October 2, 2014, the city held an open house at the Londin Lane fire station to discuss the concern about deteriorating road conditions and the desire to accelerate repairs beyond the city’s currently adopted 5-year improvement plan (CIP). This meeting was a result of a grass roots effort by citizens in the south leg of Maplewood. During the meeting the idea of a franchise fee was raised as an option to help fund the fixing of more streets. The information related to that open house can be found in Attachment 9. At the November 10, 2014 city council workshop, staff presented the idea of a gas franchise fee to help fund local street repairs. The workshop presentation included information on the pros and cons of a franchise fee and how the franchise fee revenue would greatly improve the overall condition of Maplewood’s streets. A copy of this PowerPoint presentation can be found as Attachment 10. In addition, it was identified what a typical Xcel gas customer would pay per month to generate the revenue of $470,000 per year to allow an additional 2-3 miles of street to be repaired. The proposed fee table is shown in the table below: H1 Council Packet Page Number 99 of 370 Rate Classification Gas Franchise Fee Amount Per Premise Residential $ 2.50 Commercial Non Demand $ 6.00 Commercial Demand $ 75.00 Small Interruptible $ 50.00 Medium and Large Interruptible $ 100.00 According to Xcel Energy there are about 22 users in the city that would fall into a category outside the Residential and Commercial Non Demand ($50.00-$100.00 per month). There are about 1,000 Commercial Non Demand users ($6.00 per month), with the remaining users defined as Residential ($2.50 per month), which is over 12,000 users. Staff coordinated with the Xcel Energy representative to gather the comparative data regarding similar suburban cities and associated franchise fee structure on the gas utility. As shown in the Attachment 5 a number of cities collect a franchise fee to help pay for city related programs and costs. Cities in this area that have already have implemented what Maplewood is now considering are Forest Lake, Cottage Grove, Bayport, Afton, Newport, Saint Paul, North St. Paul, Oakdale, and South St. Paul. Public Outreach Summary City staff has worked to gather public input through public meetings, news articles, webpage publication, a MindMixer survey, and City Council Workshops. The following is a summary of the different public outreach activities to date: • Regular Website Updates – Franchise Fee Proposal under Projects Pull Down Menu • October 2, 2014 – Open House • November 10, 2014 – City Council Workshop • December 1, 2014 – Article in Citywide Newsletter • December 16, 2014 – Open House • January 14, 2015 – Article in Maplewood Review about Proposal • February 9, 2015 – City Council Workshop • February 23, 2015 – MindMixer Survey Begins • March 30, 2015 – MindMixer Survey Ends • April 29, 2015 – Article in Maplewood Review about Proposal and Date • May 1, 2015 – Article in Citywide Newsletter • May 13, 2015 – First Reading/Public Hearing Notice in Maplewood Review • May 20, 2015 – First Reading/Public Hearing Notice in Maplewood Review • May 26, 2015 – First Reading/Public Hearing During the second City Council workshop on February 9, 2015 staff was requested to provide an update on public feedback to date along with comparative data on city taxes and franchise fees. This information was previously provided to council and can be found in Attachment 6. H1 Council Packet Page Number 100 of 370 The MindMixer results are shown below (23 in favor, 10 opposed, and 2 as maybe): The following is the comprehensive results of public input (open house, phone calls, and e- mails): Yes – 33 votes No – 21 votes Maybe – 5 votes The summary of the e-mails and phone calls received as of May 18, 2015 can be found in Attachment 4. Discussion There are varying opinions on this topic, however, to date more have been in favor than opposed. It is important to remember the underlying reason for this proposal being that residents are requesting the City to expand the number of street repair projects. The franchise fee will generate revenue of approximately $470,000 per year that will be put directly back into fixing streets. This is specifically written into the proposed ordinance. The first area in need of these accelerated improvements is in the south leg where the pavement stripping issues are prevalent. However, this proposed additional investment will reach all other parts of the city over the coming years through preservation and repair projects including mill and overlays, full depth reclaim, and fog seals for example. The Franchise Fee Ordinance is proposed to sunset after 20 years which will allow all areas of the City to benefit from this additional investment. A number of questions were asked about special assessments and fairness concerns. To reiterate special assessments will continue to be used even on projects where franchise fee revenue is expended. What we heard from residents is more projects must be done and there was no support for substituting funding sources. There were also many opinions shared from those that have recently been assessed for projects; that it would be unfair to not levy special assessments on new projects as this was not consistent with the City’s approach that all properties must make an overall investment into the roadway system through special assessments. H1 Council Packet Page Number 101 of 370 The League of Minnesota Cities published an article about the use of franchise fees and various pros and cons. This article can be found in Attachment 7. If this proposal is not passed the city will maintain its current 5 year CIP and additional street repairs will not be viable unless the city cuts other services, takes on additional debt through issuance of bonds, or raises the tax levy. Attachment 3 is an estimate on the additional streets that would be fixed in the next five years assuming the focus is the pavement stripping problems, and that a full depth reclaim is required due to extensive pavement damage. If, in some cases, a mill and overlay treatment is warranted, which is cheaper, it may allow for expanded project areas. If the franchise fee is approved then due diligence would begin in collecting pavement coring samples and obtaining a geotechnical analysis to accurately develop the “additional investment CIP program.” Budget Impact This would affect all users of Xcel gas as listed in the premises fee schedule: Rate Classification Gas Franchise Fee Amount Per Premise Residential $ 2.50 Commercial Non Demand $ 6.00 Commercial Demand $ 75.00 Small Interruptible $ 50.00 Medium and Large Interruptible $ 100.00 Recommendation It is recommended that the City Council approve the first reading for the Revised Gas Franchise Ordinance. It is additionally recommended that the City Council approve the first reading of the New Gas Franchise Fee Ordinance. These approvals require two separate motions and approvals. Attachments 1. Revised Gas Franchise Ordinance 2. New Gas Franchise Fee Ordinance 3. Additional Projects Able to Be Completed in Next 5 Years 4. Stakeholder Feedback/Comments as of May 18, 2015 5. Franchise Fees of Other Cities 6. Comparative Data with nearby Cities (Taxes/Fees) 7. League of MN Cities Article on Franchise Fees 8. December 16, 2014 Open House Summary 9. Recap of Open House at Fire Station (October 9, 2014) 10. November 10, 2014 Workshop Presentation H1 Council Packet Page Number 102 of 370 ORDINANCE NO. XXX (Supersedes Ordinance No. 853) An ordinance granting to Northern States Power Company, a Minnesota Corporation, D/B/A/ Xcel Energy its successors and assigns, permission to erect a gas distribution system for the purposes of constructing, operating, repairing and maintaining in the City of Maplewood, Minnesota, the necessary gas pipes, mains and appurtenances for the transmission or distribution of gas to the City and its inhabitants and others and transmitting gas into and through the City and to use the public ways and public grounds of the City for such purposes. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, DOES ORDAIN: SECTION 1. DEFINITIONS. For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non-energy related public utility service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regular Gas retail rates now vested in the Minnesota Public Utilities Commission. Company. Northern State Power Company, a Minnesota corporation, d/b/a/ Xcel Energy its successors and assigns. Gas. “Gas” as used herein shall be held to include natural gas, manufactured gas, or other form of gaseous energy. Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by Company for the purpose of providing gas service for public use. Notice. A written notice served by one party on the other party referencing one or more provision of this Ordinance. Notice to Company shall be mailed to the General Counsel, 414 Nicollet Mall, 5th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City Clerk, City Hall, 1830 East County Rd B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by the City for park, open space or similar purpose, which is held for use in common by the public. 1 H1, Attachment 1 Council Packet Page Number 103 of 370 Public Way. Any street, alley, walkway or other public right-of-way within the City. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish Gas energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The City by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the City within 90 days after publication. 2.3 Service and Rates. The service to be provided and the rates to be charged by Company for Gas service in City are subject to the jurisdiction of the Commission. 2.4 Publication Expense. The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS. 3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities shall be located on Public Grounds as determined by the City. Company’s construction, reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground gas facilities in place, 2 H1, Attachment 1 Council Packet Page Number 104 of 370 provided, at City’s request, Company will remove abandoned metal pipe interfering with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as part of the City’s improvement project. 3.2 Field Locations. Company shall provide field locations for its underground Gas Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D. 3.3 Street Openings. Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities work. Company may, however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, Company shall restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for one year thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Way or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City’ permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while performing any activity. 3.6 Notice of Improvements. The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvement, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Gas Facilities. 3 H1, Attachment 1 Council Packet Page Number 105 of 370 SECTION 4. RELOCATIONS. 4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City’s proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for Non-Betterment Costs on a time and materials basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other City improvement. 4.2 Relocation of Gas Facilities in Public Ground. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Ground upon finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of Public Ground. 4.3 Projects with Federal Funding. City shall not order Company to remove or relocate its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or any other project which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to Company. The City is obligated to pay Company only for those portions of its relocation costs for which City has received federal funding specifically allocated for relocation costs in the amount requested by the Company, which allocated funding the City shall specifically request. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the rights herein granted to Company are valuable rights. 4.4 No Waiver. The provision of this franchise apply only to facilities constructed in the reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right-of-way acquired by easement or prescriptive right before the applicable Public Way or Public Ground was established, or Company’s rights under state or county permit. SECTION 5. TREE TRIMMING. 4 H1, Attachment 1 Council Packet Page Number 106 of 370 Company is also granted permission and authority to trim all shrubs and trees, including roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall save City harmless from any liability in the premises. SECTION 6. INDEMNIFICATION. 6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City’s negligence as to the issuance of permits for, or inspection of, Company’s plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company’s determination. 6.2 Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS. The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City be liable to Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, assent and consent to all of the rights and obligations of the City provided in this Ordinance. SECTION 9. FRANCHISE FEE. 5 H1, Attachment 1 Council Packet Page Number 107 of 370 9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any permit or other fees being imposed on Company, the City may impose on Company a franchise fee, for the sole purpose of recovering the cost to maintain and operate streets, sidewalk, and trails, by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance from each customer in the designated Company Customer Class. The parties have agreed that the franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not exceed the following amounts: Class Fee Per Premise Per Month Residential $2.50 Commercial Firm Non-Demand $6.00 Commercial Firm Demand $75.00 Small Interruptible $50.00 Medium and Large Interruptible $100.00 9.2 Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 90 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined. For the purpose of this Section 9, the following definitions apply: 9.3.1 “Customer Class” shall refer to the classes listed on the Fee Schedule and as defined or determined in Company’s gas tariffs on file with the Commission. 9.3.2 “Fee Schedule” refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its gas tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for gas service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. 6 H1, Attachment 1 Council Packet Page Number 108 of 370 The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for gas service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of the energy within the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if practicable, by comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual bill represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purposes of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE. 10.1 Severability. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT PROCEDURE. Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be 7 H1, Attachment 1 Council Packet Page Number 109 of 370 amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous Gas franchise granted to Company or its predecessor. PASSED BY THE MAPLEWOOD CITY COUNCIL ON THIS 26TH DAY OF MAY 2015 8 H1, Attachment 1 Council Packet Page Number 110 of 370 ORDINANCE NO. ________ AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D/B/A XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose. The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of Maplewood. (a) Pursuant to City Ordinance a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement. A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, d/b/a Xcel Energy, its successors and assigns, under its gas franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy October, 2015 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment. The said franchise fee shall be payable to the City in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. 1 H1, Attachment 2 Council Packet Page Number 111 of 370 Subdivision 5. Record Support for Payment. Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise fee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee. The effective date of this Ordinance shall be after its publication and ninety (90) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided above. Subdivision 8. Sunset Date of Franchise Fee. The termination of this Ordinance shall take effect on December 31, 2035. Changes or adjustments to terms of this Ordinance shall follow the process outlined in Subdivision 11 of the Franchise Agreement. Subdivision 9. City Use and Reporting of Franchise Fee Revenue. The City shall deposit said franchise fee revenue into a city fund titled “Street Use Revitalization Fund (SURF)” of which all franchise fee proceeds shall be used for the specific use of preserving and repairing city streets including, but not limited to, methods such as crack seal, fog seal, mill and overlay, hot in place recycle, cold in place recycle, and full depth reclamation. Each year the City shall prepare and publish a report detailing the additional preservation and repair projects able to be completed with said franchise revenue. Passed and approved: _____________________, 2015. __________________________________ Mayor Attest: _____________________________________ City Clerk SEAL 2 H1, Attachment 2 Council Packet Page Number 112 of 370 SCHEDULE A Franchise Fee Rates: Gas Utility The franchise fee shall be in an amount determined by applying the following schedule per customer premise/per month based on metered service to retail customers within the City: Rate Classification Gas Franchise Fee Amount Per Premise Residential $ 2.50 Commercial Non Demand $ 6.00 Commercial Demand $ 75.00 Small Interruptible $ 50.00 Medium and Large Interruptible $ 100.00 Franchise fees are to be collected by the Utility at the rate listed below, and submitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. 3 H1, Attachment 2 Council Packet Page Number 113 of 370 Gas Franchise Fee Projects Full Depth Reclaim Legend: 2016-2020 Reclaim Project Streets 2016 CIP Project Streets 2017 CIP Project Streets Assumptions: 1) Streets to be reclaimed full depth 2) Properties assessed at $3,450 per unit 3) Average Gas Franchise Revenue Spent Per Year = $466,000 4) Average Miles Per Year = 2.0 H1, Attachment 3 Council Packet Page Number 114 of 370 Proposed Gas Franchise Fee to Pay for Additional Street RepairsCity of Maplewood, MNPhone Call and E‐mail Feedback as of May 18, 2015DateIn favor?Comments1 10/7/2014 Maybe Should have franchise on descretionary cable tv, not gas utility2 10/13/2014 Yes All must pay including non‐profits. Was supportive but said all need to pay because some don't even pay property taxes now3 12/8/2014 No Did not like the fee on the utility bill.4 12/9/2014 Yes Agree with alternative fee of 2.50 per month.5 12/10/2014 No Wanted more info on the fee. Reviewed and said she does want the fee…city must live within means6 12/10/2014 Yes Headed in right direction. A no brainer.7 2/13/2015 Yes I am all in as long as some of the funds go to preventative maintenance also. Xcel bill seems like a fair way to collect8 2/26/2015 Maybe Maybe supportive if the roads "in my area" are repaired/fixed. No interest in paying if roads fixed somewhere else in Maplewood9 3/3/2015 No Does not want the franchise fee. City should trim costs to help pay for roads. Should publish again in newsletter and put at front desk10 4/22/2015 No Wants to know if people don’t have to pay assessments. Has concerns even if fee is not a lot since it stills adds up along with other fees/taxes11 4/22/2015 Yes Adamantly opposed to the frachise fee per e‐mail but changed mind after learing more12 4/24/2015 No Unhappy. Double taxed on private roads.13 4/24/2015 Yes In strong favor of franchise fee instead of assessment or higher property taxes14 4/24/2015 Maybe Has a number of questions.15 4/29/2015 Yes Agree with the fee to help fix streets.16 5/4/2015 No Opposed to fee and should spend within means.17 5/2/2015 No Not in favor. On fixed income. Already pay for streets in property taxesH1, Attachment 4Council Packet Page Number 115 of 370 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES Section No. 5th Revised Sheet No. 5 44.1 (Continued on Sheet No. 5-44.2) Date Filed: 07-28-14 By: David M. Sparby Effective Date: 10-01-14 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 S:\General-Offices-GO-01\PSF\RA\Rates\Current\Mn_gas\Mg_5_44-01_r05.doc Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. — Indicates fee is not applied * May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. CityResidentialCommercialFirm – Non-demandCommercialFirm – DemandSmallInterruptibleMedium &LargeInterruptibleFirmTransportation*InterruptibleTransportationEffective Date Expiration Date Afton $2.00 $4.00 $5.00 $5.00 $5.00 $5.00 $5.00 01/2005 08/16/2024 Bayport $1.25 $10.00 $25.00 $10.00 $50.00 $10.00 $10.00 01/2014 05/04/2028 Big Lake $4.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 10/2014 07/23/2020 Chisago City $1.00 $3.00 $35.00 $30.00 $30.00 $30.00 $30.00 06/2009 12/31/2029 Cottage Grove $1.65 $4.95 $8.25 $16.50 $24.75 $24.75 $24.75 01/2010 11/04/2023 Delano $0.0391 per therm $0.0391 per therm $0.0391 per therm $0.0391 per therm $0.0391 per therm $0.0391 per therm $0.0391 per therm 01/2003 -- East Grand Forks 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 12/2005 12/19/2025 Faribault1 $1.62 $3.78 $32.40 $91.80 $270.00 — — 01/2006 11/08/2024 Forest Lake $3.00 $7.50 $15.00 $75.00 $15.00 $15.00 $15.00 05/2013 01/27/2033 Goodview $2.35 $3.50 $55.00 $30.00 — — — 07/2006 04/30/2026 Kandiyohi $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 04/2014 12/01/2033 Lake City 2.0% 2.0% $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm 04/2013 04/30/2015 Lindstrom $1.00 $3.00 — $30.00 — — — 06/2009 12/31/2029 Moorhead 5.0% 5.0% 5.0% 5.0% $0.005 per therm 5.0% 5.0% small $0.005 per therm medium & large 09/1991 03/01/2015 1 Faribault: The franchise fee excludes the city, invoices to the city, or meters on city facilities or property. Franchise Fees N H1, Attachment 5 Council Packet Page Number 116 of 370 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 6th Revised Sheet No. 5 44.2 (Continued on Sheet No. 5-44.3) Date Filed: 09-18-13 By: David M. Sparby Effective Date: 01-01-14 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 S:\General-Offices-GO-01\PSF\RA\Rates\Current\Mn_gas\Mg_5_44-02_r06.doc Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. — Indicates fee is not applied * May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. CityResidentialCommercialFirm – Non-demandCommercialFirm – DemandSmallInterruptibleMedium &LargeInterruptibleFirmTransportation*InterruptibleTransportationEffective Date Expiration Date Franchise Fees Mounds View 4% 4% 4% 4% 4% 4% 4% 01/2014 12/31/2014 New Brighton $0.017 per therm $0.016 per therm $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm 01/2003 11/25/2022 Newport $1.00 $5.00 $10.00 $15.00 $15.00 $15.00 $15.00 01/2011 10/18/2026 North St. Paul 2.75% 2.75% $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm 12/1998 09/07/2018 Oakdale $1.50 $5.00 $8.00 $17.00 $17.00 $17.00 $17.00 11/2013 10/27/2023 Sauk Rapids $2.00 $8.00 $8.00 $8.00 $8.00 $8.00 $8.00 08/2003 06/15/2023 Shoreview $1.30 $8.00 $112.00 $100.00 $100.00 $100.00 $100.00 10/2013 07/17/2031 South St. Paul 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% 07/2000 06/30/2015 Spicer $0.50 $1.50 ––– ––02/2013 10/01/2032 St. Augusta $3.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 06/2010 03/01/2030 C H1, Attachment 5 Council Packet Page Number 117 of 370 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. 2nd Revised Sheet No. 5 44.3 (Continued on Sheet No. 5-44.4) Date Filed: 04-15-13 By: Judy M. Poferl Effective Date: 05-01-13 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 & E,G999/PR-13-7 Order Date: 03-23-11 S:\General-Offices-GO-01\PSF\RA\Rates\Current\Mn_gas\Mg_5_44-03_r02.doc Franchise and other city fees, as designated below will be included in the customers’ monthly bills computed under the indicated rate classes and effective in the following Minnesota communities: The Company remits 100% of these fees collected from ratepayers to the local government unit. — Indicates fee is not applied * May include Negotiated Transportation Service. Any future NTS customer in a franchise city without a specific NTS franchise rate will be billed the Firm Transportation franchise fee. CityResidentialCommercialFirm – Non-demandCommercialFirm – DemandSmallInterruptibleMedium &LargeInterruptibleFirmTransportation*InterruptibleTransportationEffective Date Expiration Date St. Cloud1 3.0% 3.0% 3.0% 3.0% — 3.0% 3.0% small 09/2007 08/31/2027 St. Joseph $1.00 $1.75 $10.00 $0.005 per therm $0.005 per therm $0.005 per therm $0.005 per therm 02/2004 11/19/2023 St. Paul2 See fee schedule in the Notes section on the following sheets. 11/2007 08/31/2026 St. Paul Park $1.50 $4.00 $30.00 $15.00 $335.00 $150.00 $15.00 08/2005 05/15/2025 Stillwater $1.00 $5.00 $5.00 $5.00 $5.00 $5.00 $5.00 12/2003 06/30/2015 1 St. Cloud: The franchise fee for residential heating customers will be 1.5% during the months of November – April. 2 St. Paul: The monthly franchise fee will be as stated below. The residential service franchise fee will be as stated except during the winter months, November - April when there will be no fee. The fee shall not exceed $50,000 during any calendar year from any negotiated transportation service customer. The schedules below show the meter and demand factor for each year of the St. Paul franchise and for each of the customer classifications. Franchise Fees D H1, Attachment 5 Council Packet Page Number 118 of 370 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. Original Sheet No. 5 44.4 (Continued on Sheet No. 5-44.5) Date Filed: 07-06-10 By: Judy M. Poferl Effective Date: 03-23-11 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 S:\General-Offices-GO-01\PSF\RA\Rates\Current\Mn_gas\Mg_5_44-04.doc Notes:2 St. Paul: Customer Class Meter Factor - Monthly Charge per Account Start Date 1-Nov-2006 1-Nov-2008 1-Nov-2010 1-Nov-2012 1-Nov-2014 End Date 31-Oct-2008 31-Oct-2010 31-Oct-2012 31-Oct-2014 31-Oct-2016 Residential (May - October) $3.70 $3.70 $3.70 $3.70 $3.70 Small Commercial Firm $3.72 $3.72 $3.72 $3.72 $3.72 Large Commercial Firm $3.72 $3.72 $3.72 $3.72 $3.72 Small Commercial Demand Billed $3.72 $3.72 $3.72 $3.72 $3.72 Large Commercial Demand Billed $11.17 $11.17 $11.17 $11.17 $11.17 Small Interruptible $8.17 $8.17 $8.17 $8.17 $8.17 Medium Interruptible $11.17 $11.17 $11.17 $11.17 $11.17 Large Interruptible $11.17 $11.17 $11.17 $11.17 $11.17 Large Firm Transportation $11.17 $11.17 $11.17 $11.17 $11.17 Interruptible Transportation - Small $8.17 $8.17 $8.17 $8.17 $8.17 Interruptible Transportation - Medium $11.17 $11.17 $11.17 $11.17 $11.17 Interruptible Transportation - Large $11.17 $11.17 $11.17 $11.17 $11.17 Negotiated Transportation * - - - - - Start Date 1-Nov-2016 1-Nov-2018 1-Nov-2020 1-Nov-2022 1-Nov-2024 End Date 31-Oct-2018 31-Oct-2020 31-Oct-2022 31-Oct-2024 31-Aug-2026 Residential (May - October) $3.85 $4.00 $4.16 $4.33 $4.50 Small Commercial Firm $3.87 $4.02 $4.18 $4.35 $4.53 Large Commercial Firm $3.87 $4.02 $4.18 $4.35 $4.53 Small Commercial Demand Billed $3.87 $4.02 $4.18 $4.35 $4.53 Large Commercial Demand Billed $11.62 $12.08 $12.56 $13.07 $13.59 Small Interruptible $8.50 $8.84 $9.19 $9.56 $9.94 Medium Interruptible $11.62 $12.08 $12.56 $13.07 $13.59 Large Interruptible $11.62 $12.08 $12.56 $13.07 $13.59 Large Firm Transportation $11.62 $12.08 $12.56 $13.07 $13.59 Interruptible Transportation - Small $8.50 $8.84 $9.19 $9.56 $9.94 Interruptible Transportation - Medium $11.62 $12.08 $12.56 $13.07 $13.59 Interruptible Transportation - Large $11.62 $12.08 $12.56 $13.07 $13.59 Negotiated Transportation * - - - - - *Franchise fee is based on customer’s prior rate schedule before transferring to this service. If none, the Large Interruptible Transportation Service fee applies. N N H1, Attachment 5 Council Packet Page Number 119 of 370 Northern States Power Company, a Minnesota corporation Minneapolis, Minnesota 55401 MINNESOTA GAS RATE BOOK - MPUC NO. 2 FRANCHISE AND OTHER CITY FEES (Continued) Section No. Original Sheet No. 5 44.5 Date Filed: 07-06-10 By: Judy M. Poferl Effective Date: 03-23-11 President and CEO of Northern States Power Company, a Minnesota corporation Docket No. E,G999/CI-09-970 Order Date: 03-23-11 S:\General-Offices-GO-01\PSF\RA\Rates\Current\Mn_gas\Mg_5_44-05.doc Notes:2 St. Paul: (continued) Customer Class Volume Factor - Monthly Charge per Therm Start Date 1-Nov-2006 1-Nov-2008 1-Nov-2010 1-Nov-2012 1-Nov-2014 End Date 31-Oct-2008 31-Oct-2010 31-Oct-2012 31-Oct-2014 31-Oct-2016 Residential (May - October) $0.0467 $0.0635 $0.0806 $0.0977 $0.1148 Small Commercial Firm $0.0489 $0.0509 $0.0529 $0.0549 $0.0569 Large Commercial Firm $0.0489 $0.0509 $0.0529 $0.0549 $0.0569 Small Commercial Demand Billed $0.0489 $0.0509 $0.0529 $0.0549 $0.0569 Large Commercial Demand Billed $0.0254 $0.0274 $0.0294 $0.0314 $0.0334 Small Interruptible $0.0275 $0.0295 $0.0315 $0.0335 $0.0355 Medium Interruptible $0.0084 $0.0089 $0.0094 $0.0099 $0.0104 Large Interruptible $0.0084 $0.0089 $0.0094 $0.0099 $0.0104 Large Firm Transportation $0.0254 $0.0274 $0.0294 $0.0314 $0.0334 Interruptible Transportation - Small $0.0275 $0.0295 $0.0315 $0.0335 $0.0355 Interruptible Transportation - Medium $0.0084 $0.0089 $0.0094 $0.0099 $0.0104 Interruptible Transportation - Large $0.0084 $0.0089 $0.0094 $0.0099 $0.0104 Negotiated Transportation * - - - - - Start Date 1-Nov-2016 1-Nov-2018 1-Nov-2020 1-Nov-2022 1-Nov-2024 End Date 31-Oct-2018 31-Oct-2020 31-Oct-2022 31-Oct-2024 31-Aug-2026 Residential (May - October) $0.1194 $0.1242 $0.1291 $0.1343 $0.1397 Small Commercial Firm $0.0592 $0.0615 $0.0640 $0.0666 $0.0692 Large Commercial Firm $0.0592 $0.0615 $0.0640 $0.0666 $0.0692 Small Commercial Demand Billed $0.0592 $0.0615 $0.0640 $0.0666 $0.0692 Large Commercial Demand Billed $0.0347 $0.0361 $0.0376 $0.0391 $0.0406 Small Interruptible $0.0369 $0.0384 $0.0399 $0.0415 $0.0432 Medium Interruptible $0.0108 $0.0112 $0.0117 $0.0122 $0.0127 Large Interruptible $0.0108 $0.0112 $0.0117 $0.0122 $0.0127 Large Firm Transportation $0.0347 $0.0361 $0.0376 $0.0391 $0.0406 Interruptible Transportation - Small $0.0369 $0.0384 $0.0399 $0.0415 $0.0432 Interruptible Transportation - Medium $0.0108 $0.0112 $0.0117 $0.0122 $0.0127 Interruptible Transportation - Large $0.0108 $0.0112 $0.0117 $0.0122 $0.0127 Negotiated Transportation * - - - - - *Franchise fee is based on customer’s prior rate schedule before transferring to this service. If none, the Large Interruptible Transportation Service fee applies. N N H1, Attachment 5 Council Packet Page Number 120 of 370 COMPARATIVE DATA REQUESTED BY CITY COUNCIL (Prepared by Finance Director and City Engineer)4/6/2015South St. Paul$136,400$678$815Police, Fire JPA w/West St Paul, EMS taxing district, Community Center, AirportMaplewood$157,000$679$679Police, Fire, EMS, Community CenterForest Lake (est.) $191,500$766$598Police, Fire, no EMS, YMCA, AirportNorth St. Paul$137,200$503$595Police, Fire, no EMSRoseville$195,000$746$571Police, Fire, EMS, Ice Rink, Golf CourseOakdale‐‐‐‐‐‐$552Police, Fire, EMSShoreview$224,500$778$502Police contract w/RamCO, Fire & EMS joint contract w/Arden Hills & North Oaks, Community CenterResidential Comm. Non DemandComm. Demand Small Interruptible Med./Large Interruptible AdoptedSouth St. Paul3%3%3%3%3%2000Maplewood$2.50$6.00$75.00$50.00$100.00TBDForest Lake$3.00$7.50$15.00$75.00$15.002013North St. Paul2.75%2.75%$0.005 per therm $0.005 per therm $0.005 per therm 1998Roseville‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Oakdale$1.50$5.00$8.00$17.00$17.002013Shoreview$1.30$8.00$112.00$100.00$100.002013Residential Comm. Non Demand Comm. DemandLarge Comm. Public Street Lighting AdoptedSouth St. Paul3%3%3%3%3%2000Maplewood$1.25$2.50$15.00$112.50$100.002013Forest Lake$4.00$2.50$18.50$75.00$7.502013North St. PaulCity OwnedCity OwnedCity OwnedCity OwnedCity Owned1998Roseville‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐Oakdale$1.50$3.00$10.00$8.00$6.002013Shoreview$2.50$3.00$30.00$310.00‐‐‐2013Xcel Gas Franchise Fee SurchargeXcel Electric Franchise Fee SurchargeTable 2Table 32014 Median Value Home Equiv. 2014 City Prop. Tax Based on $157,000 Maplewood Median Valued HomeItems of NoteUnadjusted (Actual) City Tax for Median Value HomeTable 1H1, Attachment 6Council Packet Page Number 121 of 370 H1, Attachment 7 Council Packet Page Number 122 of 370 Page 1 of 3 Gas Franchise Fee Open House Meeting Summary 12/16/2014 A total of 9 people attended the meeting with 7 attendees taking a position on this issue (3 in favor and 4 opposed). The following summary of questions and answers were taken: If we are currently designing 10 miles of road and we start doing 12 miles of road with engineering be charging time and a half for engineering on the extra 2 miles? o No. I live on a county road what benefit do I get from this? o This is a good question. You live on a County Road however you still use the local street system. Also, typically if you live on a County Road you are not assessed similar to those living on local City streets. How does the gas franchise fee apply to apartments? o It would apply similarly to how the electric bill is paid. The rate for such apartments will be reviewed to understand an average per unit cost. Can Maplewood add a special sales tax for road work? o The City could increase property taxes for roadwork however it would not necessarily make it dedicated. The franchise fee option makes it very transparent on the money in and money out and it would be fully dedicated to street repairs. The City should just invest in lottery tickets. o Thank you for the comment. How much of the fee would Xcel keep and how much would Maplewood actual get? o The City would get the entire amount. It is a pass through. Will the presentation be available on the City website? o Yes. After the notes and summary information are completed. Maybe the state wide gas tax might help or the Move MN group. o Perhaps. But the City still needs to move forward with this option if local street repair is a priority. If the fee for a resident is $2.50 after they add taxes residents will be looking at a fee more like $3.00. o No. This is a pass through and is not subject to additional taxes. Could the City bill residents and business directly? o There would be a substantial cost for that as the City currently outsources its billing functions. In favor of a sunset date. o Thank you for the comment. H1, Attachment 8 Council Packet Page Number 123 of 370 Page 2 of 3 Gas Franchise Fee Open House Meeting Summary 12/16/2014 Since businesses use the roads more can they pay a greater share to help reduce the $2.50 per month for residential? o This could be explored however businesses do pay reasonable share with the current revenue scenario. What about seniors or those on fixed income. Can there be a waiver or rebate program? o This could be explored however the administration of a number of applications may become cumbersome. This is something that could be further defined in a franchise fee ordinance upon moving forward. If this were to move forward the City should publish reports on what projects the fee help complete each year and how much was spent. o Yes. This is a very good comment and the City could complete an annual report regarding projects implemented as a direct result of the franchise fee revenue. How does the fee affect assessments on projects? o It will not affect the current assessment policy. The franchise fee is additional revenue, not a substitute. Is there a way to charge people who park in church parking lots? o There is no easy or cost effective way to do this. Can the City charge or make MnDOT help pay for fixing the roads that have the different pavement mix design? o Likely not. This is an issue from the late 1980s/early 1990s. Does the trash hauling help reduce the number of trucks and trips and has this helped slow the deterioration of the roadways? o Yes. A garbage truck does the damage of what 1,000 cars can do. The design of street is based on equivalent single axle loads (ESALS) and the fewer heavy vehicles utilizing the streets is good for the longevity of the street. Are county roads designed to a different standard? o Typically they may be designed for heavier/commercial traffic loading depending on the segment. Do we get any money from the tax on truck for heavy use? o The Minnesota Highway Users Tax Distribution Fund collects revenue from gas taxes, motor vehicle tax, motor vehicle sales tax, and earned interest. The City gets a small portion of this which it can put to use on 20% of its city streets. If there is a sunset clause it should have a stop date. o There is flexibility in how the ordinance is written. H1, Attachment 8 Council Packet Page Number 124 of 370 Page 3 of 3 Gas Franchise Fee Open House Meeting Summary 12/16/2014 Just another tax with a new name o It is a fee, not a general tax. The fee is spread over all utility users such as residential, commercial, non‐profits, etc. The fee gets at more accurately collecting revenue from all the users of the local street system whereas if it was a general tax increase then many parcels are exempt from property taxes thus placing the burden on others. How do taxes in other cities (that also have a franchise fee) compare to those of Maplewood o There are many variables and this comparison was not available. It was explained that the reason this franchise fee concept was brought forward was because of a grass roots effort of citizens that wanted more streets fixed. This is an option. Already have a cable franchise fee – how is that used o There is a franchise fee on cable that is used for right of way management and programming for example by the Ramsey/Washington Counties Cable Commission. How long until you get to my street if you start in south Maplewood – they live in north Maplewood and don’t see the benefit o It could take a number of years depending on condition compared to other streets. Currently the south leg streets are experiencing the pavement stripping issues that need more immediate attention. Already too expensive to live in Maplewood o Thank you for the comment. The gas franchise would be treated as Pay As You Go – would not bond against future revenue – only do the work you can pay for now o The plan is to pay for the work with available revenue and not bond. H1, Attachment 8 Council Packet Page Number 125 of 370 H1, Attachment 9 Council Packet Page Number 126 of 370 H1, Attachment 9 Council Packet Page Number 127 of 370 H1, Attachment 9 Council Packet Page Number 128 of 370 H1, Attachment 9 Council Packet Page Number 129 of 370 H1, Attachment 9 Council Packet Page Number 130 of 370 H1, Attachment 9 Council Packet Page Number 131 of 370 Gas Franchise Fee DiscussionFdi L lSFunding Local StreetsPhoto taken in South MaplewoodCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 132 of 370 Gas Franchise Fee DiscussionQikR iQuick ReviewCit ’ t li t f d l l t t•City’s are struggling to fund local street maintenance such as mill and overlays• Cannot continue to raise property taxes and increase special assessments• Need a sustainable source of revenue that is dedicatedfor specific “street repair” purposeCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 133 of 370 Gas Franchise Fee DiscussionQikR iQuick ReviewWh id it ?•Why consider it now?• Extreme pressure from citizens about pavement stripping issues as shown on the first slide• Brooklyn Park, Woodbury, Burnsville, and many others are dealing with premature pavement failureCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 134 of 370 Gas Franchise Fee DiscussionWh i i ?What is it?Citi th i db Stt Sttt t d t•Cities authorized by State Statute to adopt franchise fees to raise revenue• Dozens of cities such as Elk River, Edina, Brooklyn Center, Richfield, Minnetonka, have tk i il htaken a similar approach• Revenue for specific use such as street it ( ill& l k lfmaintenance (mill & overlay, crack seal, fog seal)City Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 135 of 370 Gas Franchise Fee DiscussionFdbk f hid?Feedback so far on the idea?D f lit dit ti•Dozens of complaints and interactions with residents – south leg and elsewhere• Held an open house on October 2, 2014• 45 attended to hear about the 5-year CIP and the idea of a gas franchise• Six page letter and update mailed to residents after meeting to recap and obtain additional feedbackCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 136 of 370 Gas Franchise Fee DiscussionFdbk f hid?Feedback so far on the idea?Sidtifbtith•Some residents in favor but with conditions• Specific use• Possible sunset date• It must fund additional work only• Dedicated for street repairs only (no py(transfers)City Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 137 of 370 Gas Franchise Fee DiscussionFdbk f hid?Feedback so far on the idea?P•Pros• Local control• Easy to administer• More streets fixed• Dedicated for specific use•Sustainable revenue sourceSustainable revenue source• Transparency through fund accountingCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 138 of 370 Gas Franchise Fee DiscussionFdbk f hid?Feedback so far on the idea?C•Cons• Raises utility cost by franchise fee amount• Potential opposition from non-profits, tax exempt parcels… churches, etc…• Opposition from residents where streets are in good condition• Looked at as another government fee/taxCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 139 of 370 Gas Franchise Fee DiscussionFdl ?Fees and total revenue?R t t f $470 000 t llfi i•Revenue target of $470,000 to allow fixing additional 2 miles per year• What about the fee?• Residential -> $2.50/month• Commercial -> $6.00/month•Other types->Varies•Other types-> VariesCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 140 of 370 Gas Franchise Fee Discussion7274WHAT ABOUT OUR 135 MILES OF STREETS IN 5 YEARS?687072DITIONCurrent CIP + Franchise Fee6466OOD CONCurrent CIPFranchise Fee586062% IN GODo Nothing545658City Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 141 of 370 Gas Franchise – More FixesCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 142 of 370 Gas Franchise Fee DiscussionWh d f h ?Where do we go from here?St fftfdtdd•Staff proposes to move forward to address deteriorating pavement• Public outreach for additional feedback• If support, bring back report of public pp g p poutreach, proposed ordinance language, fee schedule, and continued coordination with Xcel EnergyCity Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 143 of 370 Gas Franchise Fee DiscussionQUESTIONS OR COMMENTS?QUESTIONS OR COMMENTS?City Council WorkshopNovember 10, 2014City of Maplewood, MinnesotaH1, Attachment 10 Council Packet Page Number 144 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works / City Engineer Steven Love, Assistant City Engineer DATE: May 20, 2015 SUBJECT: Approval of Stormwater Ordinances and Standards a.Approval of First Reading of Revised Stormwater Related Ordinances b.Approval of Revisions to the Maplewood Stormwater Management Standards Introduction The City Council will consider approval of a first reading for stormwater related ordinances. The City Council will also consider approval of revisions to the Maplewood Stormwater Management Standards (MSMS). Two separate motions and approvals are requested. Background A 1987 amendment to the federal Clean Water Act required implementation of a two-phase comprehensive national program to address pollution from stormwater runoff. This program was named the National Pollutant Discharge Elimination System (NPDES). Since 1991, NPDES Phase I regulated cities with populations of 100,000 or more. NPDES Phase II took effect in 2003, regulating cities with populations of 10,000 or more. Maplewood is among a group of approximately 220 entities in Minnesota listed as a small Mandatory MS4 under the NPDES Phase II permit. The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS) permit. The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS permits in Minnesota. In turn, the MPCA regulates cities and other public entities through its Municipal Separate Storm Sewer System (MS4) permit. The MPCA typically reissues the MS4 permit once every five years. All MS4 cities are required to submit for coverage each time the MS4 permit is reissued. In 2013 the City of Maplewood applied for coverage under the new MS4 permit and was issued coverage on March 17, 2014. The Environmental and Natural Resources Commission reviewed and approved the amendments to the stormwater related ordinances and MSMS at the April 20, 2015 commission meeting. Minor revisions were made based on the feedback from the commission. H2 Council Packet Page Number 145 of 370 Discussion As part of the permitting application process the City was required to review the new permit and to make necessary changes to bring the City’s storm water pollution prevention plan (SWPPP) into compliance with requirements of the new permit. The following is a list of the City Code chapters that are recommended to be revised and a summary of the main changes that are necessary to meet the requirements of the new MS4 permit: • Chapter 18, Article III – Erosion and Sediment Control o Updated language that covers items such as permits and agreements that the City will require prior to commencing with land disturbance activities o Updated definitions o Updated language for erosion and sediment control plans Detailed lists of items and content required for an erosion and sediment plans has been removed • This information is subject to change in the future with each new reissuance of the MS4 permit New language for the erosion and sediment control plan has been added that states that the erosion and control plans have to meet the requirements of the MPCA’s Construction Stormwater Permit o Updated language on the approval process for grading permits • Chapter 18, Article VII – Stormwater Management o New language that states that the Maplewood Stormwater Management Standards (MSMS) serve as the guiding document for stormwater design within the City of Maplewood o Definitions related to Illicit Discharge o New language that covers the prohibition of illicit connections, illicit discharge inspections, monitoring and testing in response to illicit discharges, violations, penalties, and remedies • Chapter 40, Article II - Sewers o Revised language that states discharges for properties may be deemed as an illicit discharge o Revised language that allows the City to recover costs, paid by the city, related to violations (e.g. clean up costs) o Miscellaneous language revisions These changes are shown on the attached City Code sections with additions being underlined and deletions being stricken (Attachments 1, 2, and 3) Along with the above changes to the City Code revisions to the Maplewood Stormwater Management Standards (MSMS) are required to meet the new MS4 permit. The following is a summary of the main changes to the MSMS that are necessary to meet the requirements of the new MS4 permit: • Maplewood Stormwater Management Standards (MSMS) o New language that states that the MSMS serves as the guiding document for stormwater design within the City of Maplewood o Add “full depth mill” projects to the list of projects that are exempt from the City’s water quality and rate control requirements “full depth mill” projects are pavement replacement/rehabilitation projects H2 Council Packet Page Number 146 of 370 and are not as extensive as a partial or full reconstruction project where new or expanded storm sewer system components are included as part of the project o Revised the infiltration/volume control requirement from a volume of 1 inch to 1.1 inches over all new impervious portions of a project or all impervious portions of a redevelopment project This change is consistent with Capital Region Watershed and Ramsey Washington Watershed districts recently adopted rule changes o Revised credit given for filtration practices from 70% to 50% This change is consistent with Capital Region Watershed and Ramsey Washington Watershed districts recently adopted rule changes o New language that covers mitigation provisions for projects where the conditions for post-construction stormwater management for water quality treatment cannot be cost effectively met on site This language includes selection of locations for mitigation projects, approval process, maintenance, and payment into the City’s Environmental Utility Fund (EUF) for future mitigation projects o New language recognizing the use of National Weather Services (NOAA) Atlas 14 rainfall depths and distributions The use of Atlas 14 rainfall depths and distributions was approved by the City Council at the December 19, 2013 council meeting o Revised langue on design data submittal requirement for meeting infiltration/volume control requirements and volume reduction requirements during city review of proposed projects o New langue on restrictions for using infiltration systems o Revised soils classification table o New language describing requirements of a signed maintenance agreement for private infiltration systems o New language detailing requirements for erosion and sediment control plans These changes are shown on the attached MSMS with additions being underlined and deletions being stricken (Attachments 4). Budget Impact There are no budget impacts associated with this agenda item. Recommendation It is recommended that the City Council approve the first reading for the stormwater related ordinances. It is additionally recommended that the City Council approve the Maplewood Stormwater Management Standards. This requires two separate motions and approvals. Attachments 1. City Code – Chapter 18, Article III – Erosion and Sediment Control 2. City Code – Chapter 18, Article VII – Storm Water Management 3. City Code – Chapter 40, Article II - Sewers 4. Maplewood Stormwater Management Standards (MSMS) H2 Council Packet Page Number 147 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 1 ARTICLE III. - EROSION AND SEDIMENTATION CONTROL [5] Sec. 18-141. Purpose. Sec. 18-142. Scope. Sec. 18-143. Definitions. Sec. 18-144. Erosion and sediment control plan. Sec. 18-145. Review of plan. Sec. 18-146. Modification of plan. Sec. 18-147. Escrow requirement. Sec. 18-148. Enforcement; penalty. Secs. 18-149—18-175. Reserved. Sec. 18-141. Purpose. The purpose of this article is to control or eliminate soil erosion and sedimentation within the city. This article establishes standards and specifications for conservation practices and planning activities which minimize soil erosion and sedimentation. (Code 1982, § 11.5-1) Sec. 18-142. - Scope. Except as exempted by the definition of the term "land disturbance activity" in section 18-143, any person, state agency, or political subdivision thereof proposing land disturbance activity within the city shall apply to the city for the approval ofa grading permit, submit an erosion and sediment control plan, and sign an erosion control compliance agreement. No land shall be disturbed until the erosion control compliance agreement has been signed, the erosion and sediment control plan. No land shall be disturbed until the plan ishas been approved, installed erosion and sediment control best management practices have been inspected by the city and conformsCity staff, and the grading permit has been issued. The erosion and sediment control plan shall conform to the standards set forth in this article and meet the requirements for erosion and sediment control and waste controls in accordance with the MPCA’s Construction Stormwater Permit as defined in section 18-143. (Code 1982, § 11.5-2) Sec. 18-143. - 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: H2, Attachment 1 Council Packet Page Number 148 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 2 Applicant means a person, business, corporation, state agency, or political subdivision thereof who is submitting for coverage under one of the City’s permits or submitting design plans for review by the City. Best Management Practices or BMPs means practices to prevent or reduce the pollution of the stormwater runoff, including schedules of activities, prohibition of practices, and other management practices, and also includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge, or waste disposal or drainage from raw material storage. BMP Manual means the MPCA’s most current Stormwater Best Management Practices Manual. Developer means a person, business, corporation, legal entity, state agency, or political subdivision thereof engaged in a land disturbance activity. District means the Ramsey Soil and Water Conservation District organized and operating under Minn. Stats. ch. 40. Erosion means any process that wears away the surface of the land by the action of water, wind, ice, or gravity. Erosion can be accelerated by thehuman and/or natural activities of man and nature. Erosion and sediment control plan means a document containing the requirements of section 18-144 that, when implemented, will decrease soil erosion on a parcel of land andbeing developed, as well as off-site sediment damages. Erosion and sediment control practice specifications and erosion and sediment control practices mean the management procedures, techniques, and methods to control soil erosion and sedimentation as officially adopted by the district. control compliance agreement means a document stating that all BMPs will be installed and inspected prior to any land disturbing activities, the BMPs will be maintained throughout the entirety of the project, and that the project site will be stabilized prior to granting a Certificate of Occupancy and/or release of any grading permit escrow. Land disturbance activity means land change that may result in soil erosion from water or, wind, ice, or gravity and the movement of sediments into or upon waters or lands of the countycity, adjacent cities or any adjacent properties, including clearing, grading, excavating, transporting and filling of land. The term, "land disturbance activity"", does not mean the following: (1) Minor land disturbance activities such as home gardens and an individual's home landscaping, repairs, and maintenance work. (2) Construction, installation, and maintenance of electric, telephone, and cable television utility lines or individual service connections to these utilities, except where a minimum of 10,000 square feet of land disturbance can be anticipated. (3) Tilling, planting, or harvesting of agricultural, horticultural, or silvicultural crops. (4) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. (5) H2, Attachment 1 Council Packet Page Number 149 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 3 Emergency work to protect life, limb, or property and emergency repairs. However, if the land disturbing activity would have required an approved erosion and sediment control plan except for the emergency, the land area disturbed shall be shaped and stabilized in accordance with the requirement of the local plan-approving authority or the district when applicable. Ramsey County Erosion and Sediment Control Handbook and handbook mean the most recent edition of the handbook which contains the erosion and sediment control practice specifications and planning procedures to control soil erosion and sedimentation. The Ramsey County Erosion and Sediment Control Handbook shall be adopted by the Ramsey Soil and Water Conservation District. MPCA means the Minnesota Pollution Control Agency. MPCA’s Construction Stormwater Permit means the most current adopted Minnesota Pollution Control Agency general permit to Discharge Stormwater Associated with Construction Activity. MSMS means the most current version of the Maplewood Stormwater Management Standards. Sediment means solid mineral or organic material that, in suspension, is being transported or has been moved from its original site by air, water, gravity, or ice and has been deposited at another location. Sedimentation means the process or action of depositing sediment that is determined to have been caused by erosion. (Code 1982, § 11.5-3) Cross reference— Definitions generally, § 1-2. Sec. 18-144. - Erosion and sediment control plan. (a) Required. Every applicant for a building permit, a subdivision approval, grading permit, or a permit to allow land disturbing activities must submit an erosion and sediment control plan to the city engineer.City. No building permit, subdivision approval, grading permit, or permit to allow land disturbing activities shall be issued until approval of the erosion and sediment control plan. (b) Criteria addressed. The erosion and sediment control plan shall addressmeet the following criteria: (1) Stabilize all exposed soilsrequirements of the MPCA’s Construction Stormwater Permit and soil stockpiles. (2) Establish permanent vegetation. (3) H2, Attachment 1 Council Packet Page Number 150 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 4 Prevent sediment damage to adjacent properties and other designated areas. (4) Schedule erosion and sediment control practices. (5) Use temporary sedimentation basins. (6) Engineer the construction of steep slopes. (7) Control the stormwater leaving a site.MSMS. (8) Stabilize all waterways and outlets. (9) Protect storm sewers from the entrance of sediment. (10) When working in or crossing water bodies, take precautions to contain sediment. (11) Restabilize utility construction areas as soon as possible. (12) Protect paved roads from sediment and mud brought in from access routes. (13) Dispose of temporary erosion and sediment control measures. (14) Maintain all temporary and permanent erosion and sediment control practices. (c) Contents of plan. The erosion and sediment control plan shall include the following: (1) Project description: meet the plan requirements of the MPCA’s Construction Stormwater Permit and the nature and purpose of the land disturbing activity and the amount of grading involved.MSMS. (2) H2, Attachment 1 Council Packet Page Number 151 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 5 Phasing of construction: the nature and purpose of the land disturbing activity and the amount of grading, utilities, and building construction. (3) Existing site conditions: existing topography, vegetation, and drainage. (4) Adjacent areas, neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land disturbing activity. (5) Soils: soil names, mapping units, erodibility. (6) Critical erosion areas: areas on the site that have potential for serious erosion problems. (7) Erosion and sediment control measures: methods to be used to control erosion and sedimentation on the site, both during and after the construction process. (8) Permanent stabilization: how the site will be stabilized after construction is completed, including specifications. (9) Stormwater management: how storm runoff will be managed, including methods to be used if the development will result in increased peak rates of runoff. (10) Maintenance: schedule of regular inspections and repair of erosion and sediment control structures. (11) Calculations: any that were made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. (d) Variance. Where, in the judgment of a registered professional engineer experienced in the field of erosion and sediment control, site conditions warrant or where the practices or practice standards, as conditioned in the handbook, will be insufficient to control erosion and sedimentation for a land H2, Attachment 1 Council Packet Page Number 152 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 6 disturbance activity, the city engineer may grant a variance from the use of the handbook on a case-by-case basis. The content of a variance shall be specific and shall not affect other approved provisions of a plan. (Code 1982, § 11.5-4) Sec. 18-145. - Review of plan. (a) Generally. The city appoints the city engineera staff member to review the erosion and sediment control plan. The Ramsey County Erosionmost current version of the MPCA’s BMP Manual and Sediment Control Handbook isthe MSMS are the reference for erosion and sediment control practice specifications in the city. The city engineer shall review the erosion and sediment control plan within seven days of receiving the plan from the developer. (b) Permit required Approval process. If the city determines that the erosion and sediment control plan meets the requirements of this article, the developer will be instructed to proceed with the installation of the proposed erosion and sediment control BMP’s. Once the erosion and sediment control BMP’s are installed the applicant will contact the city for a field inspection. If additional BMP’s are found to be required or if there are any adjustments to the installed BMP’s the city shall notify the applicant. A follow up inspection will be scheduled after the requested changes are made. Once the field inspection has been approved the city shall issue a permit, valid for a specified period of time, that authorizes the land disturbance activity contingent on the implementation and completion of the erosion and sediment control plan. (c) Denial. If the city determines that the erosion and sediment control plan does not meet the requirements of this article, the city shall not issue a permit for the land disturbance activity. The erosion and sediment control plan must be resubmitted for approval before the land disturbance activity begins. All land use and building permits must be suspended until the developerapplicant has an approved erosion and sediment control plan. (d) Permit suspension. If the city determines that the approved erosion and sediment control plan is not being implemented according to thethat schedule or the control measures are not being properly maintained, all land use and building permits must be suspended until the developerapplicant has fully implemented and maintained the control measures identified in the approved erosion and sediment control plan. (Code 1982, § 11.5-5) H2, Attachment 1 Council Packet Page Number 153 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 7 Sec. 18-146. - Modification of plan. An approved erosion and sediment control plan may be modified on submission of an application for modification to the city and subsequent approval by the city engineer. or appointed staff member. In reviewing such application, the city engineer may require additional reports and data. (Code 1982, § 11.5-6) Sec. 18-147. - Escrow requirement. After approval of an erosion and sediment control plan, the city shall require the payerapplicant to escrow a sum of money sufficient to ensure the installation, completion, and maintenance of the erosion and sediment control plan and practices as set from time to time by the city council.. The escrow may be reduced, upon request, after phases of the project are complete. However, theThe escrow shall not be less than $1,000.00amount will vary depending on the size and scope of the project. Upon project completion, theall remaining escrow shall be returned to the payerapplicant. (Code 1982, § 11.5-7) Sec. 18-148. - Enforcement; penalty. (a) The city shall be responsible for the enforcement of this article. (b) Any person who fails to comply with or violates any section of this article shall be deemed guiltycharged with of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use and building permits shall be suspended until the developerapplicant has corrected the violation and amended the erosion and sediment control plan for the land disturbance activity. Each day that a separate violation exists shall constitute a separate offense. (c) Remedies not exclusive: The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City of Maplewood to seek cumulative remedies. The City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs associated with enforcement of this division including sampling and monitoring expenses. The City may recover all fees and costs by assessing the costs to the property. (d) Compatibility with other regulations: This ordinance is not intended to modify or repeal any other ordinance, rule regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. (e) Severability: If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. H2, Attachment 1 Council Packet Page Number 154 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE III. EROSION AND SEDIMENTATION CONTROL Maplewood, Minnesota, Code of Ordinances Page 8 (Code 1982, § 11.5-8) Secs. 18-149—18-175. - Reserved. FOOTNOTE(S): --- (5) --- Cross reference— Erosion control and soils, § 12-309; streets, sidewalks and other public places, ch. 32. (Back) State Law reference— Soil erosion generally, Minn. Stats. § 103F.401 et seq.; authority of city to adopt a soil erosion ordinance, Minn. Stats. § 103F.405. (Back) H2, Attachment 1 Council Packet Page Number 155 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT Maplewood, Minnesota, Code of Ordinances Page 1 ARTICLE VII. - STORMWATER MANAGEMENT [7] FOOTNOTE(S): --- (7) --- Editor's note— Ord. No. 903, § 2, adopted June 14, 2010, set out provisions intended for use as §§ 18- 180—18-183. For purposes of sequential numbering, and at the editor's discretion, these provisions have been included as §§ 18-271—18-274. Sec. 18-271. Applicability. Sec. 18-272. Erosion control. Sec. 18-273. Illicit discharges. Sec. 18-274. Regulating use of coal tar-based sealer products. Secs. 18-275—18-300. Reserved. Sec. 18-271. - Applicability. The Maplewood Stormwater management standardsManagement Standards (MSMS) serves as the guiding document for stormwater design within the City of Maplewood. The City Engineer or qualified designated city staff shall apply touse engineering judgment during the design or review of storm sewer systems to determine if the design meets the requirements and/or intent of the MSMS. All new development and redevelopment projects which result in one-half-acre (21,780 square feet) or more of meeting and/or exceeding the thresholds for disturbed area or 5,000 square feet or more of and/or new impervious surface. area, as defined by the MSMS, shall meet the requirements for runoff rates and water quality treatment as set forth by the MSMS. (1) a) Runoff rates. Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the two-year, ten-year, and 100-year critical duration storm events. (2) b) Water quality treatment. A runoff volume of at least one inch, over all new impervious and redevelopment impervious portions of a project, must be treated throughTo the maximum extent practicable the required infiltration volume, as defined by the MSMS, shall be met onsite. 1) All proposed infiltration and filtration practices shall meet the requirements of the MSMS. a. H2, Attachment 2 Council Packet Page Number 156 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT Maplewood, Minnesota, Code of Ordinances Page 2 Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive 70 percent credit for the runoff volume treatment requirement of one inch. b. 2) For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide treatment systems that remove 90 percent total suspended solids (TSS) and 60 percent total phosphorus (TP) on an annual basisMSMS, the project must meet the mitigation provision of the MSMS. (Ord. No. 903, § 2, 6-14-2010) Sec. 18-272. - Erosion control. Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term "land disturbance activity" in the city's erosion and sedimentation control ordinance provided in section 18-143. (Ord. No. 903, § 2, 6-14-2010) Sec. 18-273. - Illicit discharges. (a) 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 specifies a different meaning: (1) Illicit Connection means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drain system including but not limited to any non-stormwater discharge such as sewage, process wastewater, and wash water, and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency. (2) Illicit Discharge means any discharge to a municipal separate storm sewer system that is not composed entirely of stormwater except discharges pursuant to a National Pollutant Discharge Elimination System (NPDES) permit (other than the NPDES permit for discharges from the municipal separate storm sewer system) and discharges resulting from firefighting activities. (3) Municipal Separate Storm Sewer System (MS4) means a stormwater conveyance or unified stormwater conveyance system (including but not limited to roads with drainage systems, municipal streets, catch basins, stormwater detention facilities, water quality treatment systems, curbs, gutters, ditches, natural or man-made channels, or sidewalks) owned and operated by the City of Maplewood and designed or used for collecting or conveying stormwater, and that is not used for collecting or conveying sewage. (4) Non-stormwater means any discharge to the municipal storm sewer system that is not composed entirely of stormwater. (5) Street Wash Water means water utilized by the City of Maplewood in sweeping/cleaning of streets. H2, Attachment 2 Council Packet Page Number 157 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT Maplewood, Minnesota, Code of Ordinances Page 3 (6) Stormwater means any surface flow, runoff, and drainage consisting entirely of water in the form of natural precipitation, and resulting from such precipitation. (7) Storm Sewer System means any facility by which stormwater is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detentions basins, natural and human made or altered drainage channels, reservoirs, water quality treatment systems, and other drainage structures. (b) Prohibition of illicit discharges: No person shall throw, drain, or otherwise discharge, cause, or allow others under itstheir control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any MS4 any non-stormwater, pollutants, or waters containing any pollutants other than stormwater. The following discharges are exempt: (1) (1) Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising groundwater, groundwater infiltration to storm drains, uncontaminated pumped groundwater, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, irrigation water, individual residential car washing, dechlorinated swimming pool discharges, street wash water, and any other water source not containing pollutants; (2) (2) Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety; (3) (3) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an National Pollutant Discharge Elimination System (NPDES) permit or order issued to the discharger and administered under the authority of the StateMinnesota Pollution Control Agency and the FederalU.S. Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. (4) (4) These requirements do not replace or supersede other city ordinances, watershed district rules or permit requirements, or state and federal rules or permits required for the project. (c) Prohibition of illicit connections: No person shall use any illicit connection to intentionally convey non-stormwater to a storm sewer system. The construction, use, maintenance or continued existence of illicit connections to a storm sewer system is prohibited. This prohibition includes, without limitation; illicit connections made in the past, regardless of whether the connection was permissible under the law or practices applicable or prevailing at the time of connection. (d) Inspection, monitoring, and testing: In response to a reported and/or identified illicit discharge the City shall track the illicit discharge back to its source. (1) The City Engineer and other duly authorized employees of the City, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city utilizing proper procedures for the purpose of inspection, observation, H2, Attachment 2 Council Packet Page Number 158 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT Maplewood, Minnesota, Code of Ordinances Page 4 emergency response, measurement, sampling and testing in connection with illicit discharge and the operation of the storm sewer system. (2) The City of Maplewood shall be permitted to enter and inspect facilities subject to regulation under this division as necessary to determine compliance with this division. (3) The City of Maplewood shall have the right to set up at any storm sewer system devices necessary in the opinion of the City to conduct monitoring, sampling and/or dye testing of the facility’s stormwater discharge without need of securing any easement, license or permit from the landowner. (e) Violations, penalties and remedies: It shall be unlawful to violate any provisions or fail to comply with any of the requirements of this ordinance. The following is a list of penalties and remedies that are available to the City and can be used to enforce violations, depending on their severity: (1) The City may send a letter of notice explaining to the person(s) responsible for the violation what activities need to change and potential impacts that continuing such activities may have. (2) The City may send a code enforcement letter to the person(s) responsible for the violation explaining what activities need to change, the cleanup measures that need to performed by the individual(s), a deadline for completing the cleanup work, and the penalties for failing to meet the cleanup deadline. (3) The City may take legal action against any person(s) violating any provision of this article. Any person(s) violating any provision of this article may be charged with a misdemeanor and be subject to criminal penalties and restitution, if any. (4) In the event the violation constitutes an immediate danger to public health or safety, the city is authorized to enter upon the subject property without giving prior notice to take any and all measures necessary to abate the violation and/or restore the property. In the event that the City is forced to perform such abatement, the costs shall be assessed to the property. (5) The City may, without prior notice, suspend storm sewer system access to any building/site when such suspension is necessary to stop an actual or threatened discharge, which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the storm sewer system or surface waters. (6) Failure to comply with a suspension order issued in an emergency will result in any process deemed necessary to prevent or minimize damage to the storm sewer system or surface waters, or to minimize danger to persons or property. (f) Remedies not exclusive: The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the City of Maplewood to seek cumulative remedies. The City of Maplewood may recover all attorneys’ fees, court costs, and clean up costs associated with enforcement of this division including sampling and monitoring expenses. The City may recover all fees and costs by assessing the costs to the property. (g) Compatibility with other regulations: This ordinance is not intended to modify or repeal any other ordinance, rule regulation, or other provision of law. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. H2, Attachment 2 Council Packet Page Number 159 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT Maplewood, Minnesota, Code of Ordinances Page 5 (h) Severability: If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. (Ord. No. 903, § 2, 6-14-2010) Sec. 18-274. - Regulating use of coal tar-based sealer products. (a) Purpose. The city understands that lakes, rivers, streams and other bodies of water are natural assets which enhance the environmental, recreational, cultural and economic resources and contribute to the general health and welfare of the community. The use of sealers on asphalt driveways is a common practice. However, scientific studies on the use of driveway sealers have demonstrated a relationship between stormwater runoff and certain health and environmental concerns. Regulation of sealer products within the city is needed in order to protect, restore, and preserve the quality of its waters. (b) Definitions. Except as may otherwise be provided or clearly implied by context, all terms used in this article shall be given their commonly-accepted definitions. For the purpose of section 18-274 of this article, the following definitions shall apply unless the context clear indicates or requires a different meaning: Asphalt-based sealer. A petroleum-based sealer material that is commonly used on driveways, parking lots, and other surfaces and which does not contain coal tar. Coal tar. A byproduct of the process used to refine coal. Coal tar-based sealer. A sealer material containing coal tar that has not been mixed with asphalt and which is commonly used on driveways, parking lots and other surfaces. PAHs (polycyclic aromatic hydrocarbons). A group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Present present in coal tar and believed harmful to humans, fish, and other aquatic life. (c) Prohibitions. (1) No person shall apply any coal tar-based sealer to any driveway, parking lot, or other surface within the city. (2) No person shall contract with any commercial sealer product applicator, residential or commercial developer, or any other person for the application of any coal tar-based sealer to any driveway, parking lot, or other surface within the city. (3) No commercial sealer product applicator, residential or commercial developer, or other similar individual or organization shall direct any employee, independent contractor, volunteer, or other H2, Attachment 2 Council Packet Page Number 160 of 370 ‐ CODE OF ORDINANCES Chapter 18 ‐ ENVIRONMENT ARTICLE VII. STORMWATER MANAGEMENT Maplewood, Minnesota, Code of Ordinances Page 6 person to apply any coal tar-based sealer to any driveway, parking lot, or other surface within the city. (d) Exemption. Upon the express written approval from both the cityCity and the MPCA, a person conducting bona fide research on the effects of coal tar-based sealer products or PAHs on the environment shall be exempt from the prohibitions provided in section 18-274. (e) Asphalt-based sealcoat products. The provisions of this article shall only apply to use of coal tar- based sealer in the city and shall not affect the use of asphalt-based sealer products within the city. (Ord. No. 903, § 2, 6-14-2010) Secs. 18-275—18-300. - Reserved. FOOTNOTE(S): --- (7) --- Editor's note— Ord. No. 903, § 2, adopted June 14, 2010, set out provisions intended for use as §§ 18- 180—18-183. For purposes of sequential numbering, and at the editor's discretion, these provisions have been included as §§ 18-271—18-274. (Back) H2, Attachment 2 Council Packet Page Number 161 of 370 ‐ CODE OF ORDINANCES Chapter 40 ‐ UTILITIES ARTICLE II. ‐ SEWERS DIVISION 1. GENERALLY Maplewood, Minnesota, Code of Ordinances Page 1 Chapter 40 ARTICLE II Sewers DIVISION 1. - GENERALLY Sec. 40-26. - Operation of municipal sanitary sewer system as public utility. Sec. 40-26. Operation of municipal sanitary sewer system as public utility. Sec. 40-27. Discharges from properties. Sec. 40-28. Right of entry. Sec. 40-29. Causing damage to sewer system. Sec. 40-30. Variations from requirements of article. Sec. 40-31. Violations of article. Secs. 40-32—40-60. Reserved. Sec. 40-26. Operation of municipal sanitary sewer system as public utility. The entire municipal sanitary sewer system of the city shall be operated as a public utility and convenience from which revenues will be derived, subject to this article. (Code 1982, § 28-1) Sec. 40-27. - Discharges from properties. No person shall discharge out of or permit to flow from hisany residence or place of business or any other property operated or owned by such person any foul or odorous liquids, slops or substances into any street, lane, private ground, street, lane or public ground within the city or into any body of water, stream or ditch, except into a sanitary sewer pursuant to this article. Violation of this ordinance may be deemed as an illicit discharge in accordance with Sec. 18-273. (Code 1982, § 28-2) H2, Attachment 3 Council Packet Page Number 162 of 370 ‐ CODE OF ORDINANCES Chapter 40 ‐ UTILITIES ARTICLE II. ‐ SEWERS DIVISION 1. GENERALLY Maplewood, Minnesota, Code of Ordinances Page 2 Sec. 40-28. - Right of entry. The city engineer and other duly authorized employees of the city, bearing proper credentials and identification, shall at reasonable times be permitted to enter upon all properties in the city utilizing proper procedures for the purpose of inspection, observation, measurement, emergency response, sampling and testing in connection with the operation of the municipal sanitary sewer system. (Code 1982, § 28-3) Sec. 40-29. - Causing damage to sewer system. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the municipal sewer system. (Code 1982, § 28-4) Sec. 40-30. - Variations from requirements of article. The plumbingcity sewer inspector may permit variations from the strict application of any of the sections of this article if he is satisfied that there are special circumstances or conditions affecting the premises for which the variancevariation is requested and that the granting of such variation will not materially adversely affect health, safety or general welfare or public or private property. Any variation permitted under this section must be noted on the permit. (Code 1982, § 28-5) Sec. 40-31. - Violations of article. Unless expressly otherwise provided, any person found guilty of violating any section of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. and or to the extent allowed under Minnesota law and may also be required to pay any restitution for costs associated with the violation, e.g. clean-up costs borne by the City. (Code 1982, § 28-6) Secs. 40‐32—40‐60. - Reserved. H2, Attachment 3 Council Packet Page Number 163 of 370 1 Maplewood Engineering Regulations April 9, 2010 XXXXX XX, 2015 Maplewood Stormwater Management Standards The City of Maplewood (City) has developed specific stormwater management standard requirements in this section that apply to development and redevelopment projects. These standards are intended to help achieve the water resource goals of the City’s Surface Water Management Plan (SWMP) and help the City maintain compliance with the National Pollutant Discharge Elimination System (NPDES) municipal permit program. (which the City holds a permit to participate in). These standards highlight important aspects of the requirements for stormwater quality, discharge rate and volume control, erosion control, and illicit discharge. These standards do not replace or supersede City ordinances, watershed district regulations, state and federal rules or permits required for the project. For a more detailed listing of requirements see the specific policies of the City’s SWMP and the applicable City ordinances, or consult with City staff on your specific project. To accomplish the goals of the SWMP, it is important tothat the City to have consistent approaches toin evaluating proposed development and redevelopment projects. Therefore, all hydrologic, hydraulic and water quality analysis must be prepared and submitted in a format that will allow for a timely and efficient review by City staff. Project designers and/or developers are encouraged to schedule and complete a pre-design meeting with the City before any data will be accepted.is submitted for review. The purpose of the meeting is to specifically address approvals and permits, ponddetailed design requirements, trunk storm drain analysis, wetland impacts, water quality treatment, erosion control and discharge to lakes and sensitive wetland resources. The Maplewood Stormwater Management Standards (MSMS) serve as the guiding document for stormwater design within the City of Maplewood. The City Engineer or qualified designated city staff shall use engineering judgment during the design or review of storm sewer systems to determine if the design meets the requirements and/or intent of the MSMS as set forth herein. 1) General a) Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term, “land disturbance activity””, in the City’s Erosion and Sedimentation Control Ordinance. b) The City’s water quality treatment and rate control requirements apply to projects which result in one-half acre or twenty-one thousand, seven hundred eighty (21,780) square feet Formatted: Left: 1", Right: 1" H2, Attachment 4 Council Packet Page Number 164 of 370 2 or more of disturbed area or five thousand (5,000) square feet or more of new impervious surface, and. c) Projects conducting mill and overlay, full depth mill, or other surface pavement treatments, (where aggregate base is left undisturbed,not excavated), on existing impervious areas are exempt from the City’s water quality treatment and rate control requirements. However, requirements must be met if the project impactsrequires excavation and/or removal of the base and/or sub-base materials for 21,780 square feet (one-half acre) or more of disturbed area. d) Projects in the Floodplain Overlay District or Shoreland Overlay District may have additional requirements which are defined in the City’s Floodplain and Shoreland Ordinances and/or the Watershed District regulations. e) Any work within a wetland, surface water, or Federal Emergency Management Agency (FEMA) designated floodplain may require permits to be obtained from, but not limited to, the City, watershed district,Watershed District, Minnesota Department of Natural Resources (DNRMnDNR) and/or the U.S. Army Corps of Engineers. All applicable permits for the specific project must be obtained prior to commencing land disturbance, construction, grading, clearing, or filling activities. f) The owner shall submit the information listed in Section 8 (Stormwater Plan Submittals) of these StandardsMSMS to the City for review. 2) Water Quality Treatment. a) Infiltration/Volume Control Requirement 1) For all new impervious portions of a project or all impervious portions of a redevelopment project, a runoff volume of one (1) inch.1 inches must be treated through infiltration practices. 2) For all redevelopment impervious portions of a project, a runoff volume of 1 inch must be treated through infiltration practices. 3)2) Filtration practices that are designed for partial recharge (e.g., bioretention basin with under drains) shall receive seventyfifty five percent (7055%) credit for infiltration/volume control. Trees and shrubs are encouraged to be incorporated into filtration practice designs. 3) Filtration practices that incorporate iron-enhanced sand used as a filtration media shall receive eighty percent (80%) credit for infiltration/volume control. (1) Iron-enhanced media shall include a minimum of 5% of iron filings by weight and shall be uniformly blended with filtration media. b) Pollutant Removal Requirements. For projects that have met the infiltration/volume control requirements above, the pollutant removal requirements are considered to be met. For projects where infiltration or filtration is not feasible or is prohibited (see Item 5.a.), the following pollutant removal standards (based on a standard Nationwide Urban Runoff Formatted: No underline H2, Attachment 4 Council Packet Page Number 165 of 370 3 Program, NURP, particle size distribution) apply prior to reaching a downstream receiving water: 1) ForFor redevelopment portions of a site or new development portions of a site, provide treatment to remove ninety percent (90%) total suspended solids (TSS) and sixty percent (60%) total phosphorus (TP) as modeled on an annual basis. 2) For redevelopment portions of a site, provide treatment to remove 90% TSS and 60% TP as modeled on an annual basis. c) Mitigation Provisions. To the maximum extent practicable post construction management for water quality treatment shall be fully met onsite. For projects where the conditions for post-construction stormwater management for water quality treatment cannot be cost effectively met on site, as determined by the City and described by Item 5.a. and Item 5.b. above, the following mitigation requirements shall be met: 1) Mitigation project areas are selected in the following order of preference: (1) Locations that yield benefits to the same receiving water that receives runoff from the original construction activity. (2) Locations within the same MnDNR catchment area as the original construction activity. (3) Locations in the next adjacent MnDNR catchment area up-stream. (4) Locations anywhere within the permittee’s jurisdiction. 2) Approval of mitigation projects, for all that are required to meet the post construction management for water quality treatment with a proposed disturbed area between 0.5 acre and 1 acre, shall be coordinated with the City. 3) Approval of mitigation projects, for all that are required to meet the post construction management for water quality treatment with a proposed disturbed area of 1 acre or greater, shall be coordinated with the City and the appropriate watershed district. 4) Mitigation projects must involve the creation of new permanent stormwater Best Management Practices (BMPs) or the retrofit of existing permanent stormwater BMPs, or the use of a properly designed regional permanent stormwater BMP. 5) Routine required maintenance of existing permanent stormwater BMPs cannot be used to meet mitigation requirements. 6) Mitigation projects shall be completed within 24 months after the start of the original construction activity. 7) The City shall determine, and document, who is responsible for long-term maintenance on all City approved mitigation projects. 8) As a last alternative, on projects that are required to meet the post construction management for water quality treatment with a proposed disturbed area between 0.5 acres and 1 acre, the applicant shall pay into the City’s Environmental Utility Fund H2, Attachment 4 Council Packet Page Number 166 of 370 4 (EUF) to cover the cost of implementing an equivalent mitigation project in accordance with the above requirements. (1) The required amount to contribute to the EUF shall determined based on the size and scope of each project. (2) Money contributed to the EUF, to offset the post construction management of water quality treatment that was not achieved on the permitted development, shall be utilized by the City to construct public stormwater projects that address water quality. 9) As a last alternative, on projects that are required to meet the post construction management for water quality treatment with a proposed disturbed area of 1 acre or greater, the applicant shall coordinate with the City and the appropriate watershed district to pay into a stormwater impact fund managed by the watershed district. 3) Rate Control. a) Discharge rates leaving the site must not exceed the current rates for the 2, 10 and 100-year, critical duration (24-hour) storm events, using a Type II storm distribution and antecedent moisture conditions 2 (AMC-2).) and the National Oceanic and Atmospheric Administration (NOAA) Atlas 14 rainfall depths and distributions. b) On-site rate controls may not be needed if downstream (regional) facilities can be shown to adequately detain/retain the runoff to existing conditions. In this case, the developer or design engineer shall submit a technical evaluation completed by a qualified engineer which must be reviewed and approved by the City Engineer or their designee. c) Where a flow rate variance involves inter-community issues or significant water bodies, the regulatory jurisdiction (e.g. watershed district, DNR, adjacent city) shall have a review role. Any variances to the City’s MSMS shall be reflected in subsequent plan submittals. 4) Design Computations. a) All hydrologic data shall be completed using NRCS methodology; i.e. HydroCAD or TR20/TR55, XP-SWMM or a comparable, City approved, method. Hydraulic calculations will be accepted in the rational method format or in commonly used software packages such as FHWA HY-8, Eagle Point or XP-SWMM or a compatiblecomparable, City approved, method. These computations shall be submitted to the City upon request. H2, Attachment 4 Council Packet Page Number 167 of 370 5 b) Rainfall amounts for hydrologic analysis shall be based on Hershfield, D.M., 1961, Rainfall Frequency Atlas of the United States for Duration of 30 Minutes to 24 Hours and Return Periods from 1 to 100 Years. Technical Publication No. 40 (TP-40).Atlas 14 data. Maplewood analyses shall use the values in the following table. Rainfall Frequency Rainfall (Inches) 2-Year 24-Hour 2.9 10-Year 24-Hour 4.3 100-Year 24-Hour 6.07.5 c) For projects that do not meet the infiltration/volume control requirement, design engineers and developers shall determine the pollutant removal efficiency of the best management practices (BMPs) incorporated into the site plan using the available industry standard models including P8 (and using a standard NURP particle size distribution for the analysis) or a comparable model approved by the City. As an alternative to preparing a site-specific model, the development may provide a treatment volume (dead storage) of not less than two and one-half (2.5) inches multiplied by the runoff coefficient calculated over the contributing drainage area to the pond. For example, a one (1) acre impervious site with a runoff coefficient of 0.90 that drains to a common treatment pond would be required to provide a dead storage volume of 0.19 acre-feet or eight thousand two hundred (8,200) cubic feet. The Natural Resources Conservation Service Method may also be used upon City approval.), Win-SLAMM, MIDS or a comparable model approved by the City. d) The volume reduction (in cubic feet) provided by surface infiltration practices shall be computed using the Ramsey-Washington Metro Watershed District’s (RWMWD) Volume Control Worksheet (available online at www.rwmwd.org). An alternative computation method may be used if the method considers the same factors as the RWMWD worksheet and provided the method is approved by the City Engineer prior to the project information being submitted to the City for review.Volume reduction (in cubic feet) calculations shall be submitted to the City for review for all surface infiltration practices. e) Local storm sewer systems shall be designed for the 10-year storm event. The Rational Method shall be the preferred methodology for the design of local systems. Culvert crossings or storm systems in County or State right-of-way may have a design frequency which differs from the City’s 10-year design storm. The designer shall contact each agency/unit of government to determine the appropriate design frequency for hydrologically-connected systems. f) For culvert outlet velocities less than or equal to four (4) feet per second (fps), check shear stress to determine if vegetation or riprap will be adequate. If vegetation is used, temporary erosion control during and immediately following construction shall be used until vegetation becomes established. For velocities greater than four (4) fps, energy dissipaters shall be designed in accordance with Mn/DOT Design Criteria. g) High water elevations for landlocked areas (basins where no outlet exists) shall be established by first estimating the normal or initial water surface elevation at the H2, Attachment 4 Council Packet Page Number 168 of 370 6 beginning of a rainfall or runoff event using a documented water budget, evidence of mottled soil, and/or an established ordinary high water level. The high water level analysis shall be based on runoff volume resulting from a 100-year/10-day runoff (7.2event (10.0 inches and saturated or frozen soil conditions [CN=100]) and/or the runoff resulting from a 100-year back-to-back event (6.07.5 inches followed by 6.07.5 inches). The high water elevation shall be the higher of these two conditions. h) TheFor all new development and redevelopment projects the lowest floor elevation (LFE) of all buildings shall be set: 1) Utilizing the latest Atlas 14 rainfall frequency data. 1)2) At least two (2) feet above the 100-year high water elevation and at least one (1) foot above a designated emergency overflow. 2)3) For landlocked basins, at least five (5) feet above the higher of the elevations determined in Part 4.g. 5) Volume Control/Infiltration Practices Design Criteria. a) Infiltration systems are prohibited: 1) Where the bottom of the infiltration basin is less than three (3) feet to bedrock or the seasonally high water table; 2) LowIn areas of low permeability soils (i.e., Hydrologic Soil Group D soils) or where a confining layer exists below the proposed basin; 3) Within fifty (50) feet of a public or private “water supply well” as defined by (Minn. Rules, Chapter 4725); 4) Potential stormwater hot spotsIn areas where soil has been determined to not meet MPCA unrestricted use criteria or contaminated soils; 5)4) contamination has been identified in groundwater at levels that exceed Minnesota Department of Health (MDH) drinking water standards. Within ten (10) feet of a property line or building foundation; and 6)5) Within thirty-five (35) feet of a septic system tank or drain field. 6) Where industrial facilities are not authorized to infiltrate industrial stormwater under an NPDES/SDS Industrial Stormwater Permit issued by the MPCA, and: 7) Where vehicle fueling and maintenance occur. b) Restrict the use of infiltration techniques, without higher engineering review, sufficient to provide a functioning treatment system and prevent adverse impacts to groundwater, when the infiltration device will be constructed in areas: 1) Within 1,000 feet up-gradient, or 100 feet down-gradient of active karst features, and; 2) Where soil infiltration rates are more than 8.3 inches per hour. 3) Within a Drinking Water Supply Management Area (DWSMA) as defined in Minn. R. 4720.5100, subp. 13. H2, Attachment 4 Council Packet Page Number 169 of 370 7 b)c) Infiltration practices must be designed to draw down to the bottom elevation of the practice within forty-eight (48) hours. The ponding depth shall be based on the soil infiltration rate determined from site-specific soils -investigation data taken from the location of proposed infiltration practices on the site (e.g., double ring infiltrometer test). The maximum ponding depth, regardless of infiltration rate shall be two (2) feet unless otherwise approved by the City Engineer. or their qualified designee. The soils - investigation requirement may be waived for residential property practices where the maximum ponding depth is one (1) foot or less. The following infiltration rates shall be used for the most restrictive underlying soil unless otherwise supported by an in-situ infiltration test: Soil Group Rate Soil Textures ASTM Unified Soil Class Symbols A 1.63 in/hr Gravel, sand, sandy gravel, silty gravel, loamy sand, sandy loam GW, GP 0.80 in/hr GM, SW, SP B 0.60 in/hr Loam, silt loam SM 0.30 in/hr ML, OL C 0.20 in/hr Sandy clay loam GC, SC D 0.00 in/hr Clay loam, silty clay loam, sandy clay, silty clay, or clay CL, CH, OH, MH Source: Minnesota Stormwater Manual, November 2005. H2, Attachment 4 Council Packet Page Number 170 of 370 8 Source: Minnesota Stormwater Manual, January 2014. c)d) Infiltration practices shall have provisions for pretreatment of the runoff. Examples of pretreatment include: a mowed grass strip between a curb-cut and a small rain garden, a sump manhole or manufactured sediment trap prior to an infiltration basin, and a sediment forebay as the first cell of a two-cell treatment system. Where the infiltration system captures only clean runoff (e.g., from a rooftop) pretreatment may not be required. at the discretion of the City Engineer or their qualified designee. d)e) The design shall incorporate a diversion or other method to keep construction site sediment from entering the infiltration system prior to final stabilization of the entire contributing drainage area. e)f) The design shall incorporate provisions that will prohibit construction equipment from compacting the soils where infiltration practices are proposed. f)g)A plan for maintenance of the system must be submitted that identifies the maintenance activities and frequency of activities for each infiltration practice on the site. A signed maintenance agreement will be required by the City. The signed maintenance agreement shall: 1) Identify planned maintenance activities and frequency of activities for each BMP. Hydrological Soil Group Infiltration Rate (inches/hour) Soil Textures Corresponding Unified Soil Classification GW ‐ Well ‐graded gravels, sandy gravels GP ‐ Gap‐graded or uniform gravels, sandy gravels GM ‐ Silty gravels, silty sandy gravels SW ‐ Well ‐graded, gravelly sands 0.8 Sand, loamy sand, or sandy loam SP ‐ Gap ‐graded or uniform sands, gravelly sands 0.45 Silty sands, silty/gravelly sands SM ‐ Silty sands, silty gravelly sands 0.3 Loam, silt loam MH ‐ Micaceous silts, diatomaceous silts, volcanic ash C 0.2 Sandy clay loam ML ‐ Silts, very fine sands, silty or clayey fine sands GC ‐ Clayey gravels, clayey sandy gravels SC ‐ Clayey sands, clayey gravelly sands CL ‐ Low plasticity clays, sandy or silty clays OL ‐ Organic silts and clays or low plasticity CH ‐ Highly plastic clays and sandy clays OH ‐ Organic silts and clays of high plasticity A 1.6 Gravel, sandy gravel, and silty gravels B D0.06 Clay loam, silty clay loam, sandy clay, silty clay, or clay H2, Attachment 4 Council Packet Page Number 171 of 370 9 2) Permit the City of Maplewood and any appropriate watershed district access to the site to conduct inspections of identified BMPs, perform necessary maintenance, and assess costs for the necessary maintenance when the City or watershed district determines that the owner has not conducted the necessary maintenance after being notified in accordance with the requirements of the signed maintenance agreement. 3) Include language in the maintenance agreement that states the signed maintenance agreement can be recorded against the property and is considered a covenant that runs with the land until modified by a mutual agreement. 4) If there are proposed changes to the site that will cause a decrease in the effectiveness of the BMPs then additional BMPs may be required, along with a new maintenance agreement to reflect and cover the proposed site changes. 6) Pond and Additional Infiltration System Design Criteria. Newly constructed or expanded/modified ponds and basins shall be designed and constructed to meet the following: a) All ponds or basins shall: 1) Have a 3:1 maximum slope (above the normal water level [NWL] and below the 10:1 bench, if a wet pond); 2) Maximize the separation between inlet and outlet points to prevent short-circuiting of storm flows; 3) Have an emergency overflow spillway identified and designed to convey storm flows from events greater than the 100-year event; and 4) Be made accessible for maintenance and not be entirely surrounded by steep slopes or retaining walls which limit the type of equipment that can be used for maintenance. Vehicle access lane(s) of at least ten (10) feet shall be provided, at a slope less than fifteen percent (15%) from the access point on the street or parking area to the pond, to accommodate maintenance vehicles. Maintenance agreements will be required when the pond is not located on City property. b) All wet ponds shall: 1) Have an aquatic bench having a 10:1 (H:V) slope for the first ten (10) feet from the NWL into the basin; 2) Have inlets be placed at or below the NWL; 3) Have a skimming device designed to remove oils and floatable materials up to a five (5) year frequency event. The skimmer shall be set a minimum of twelve (12) inches below the normal surface water elevation and shall control the discharge velocity to 0.5 feet per second. 4) Have an average four (4) feet of permanent pool depth (dead storage depth). This constraint may not be feasible for small ponds (less than about three [3] acre-feet in volume or less). In such cases, depths of three to four (3-4) feet may be used. To prevent development of thermal stratification, loss of oxygen, and nutrient recycling H2, Attachment 4 Council Packet Page Number 172 of 370 10 from bottom sediments, the maximum depth of the permanent pool should be less than or equal to ten (10) feet. 7) Erosion and Sediment Control. a) The City’s Erosion and Sediment Control Ordinance shall be followed for all projects, including those not regulated under the NPDES construction permit. b) Prior to the start of any excavation or land disturbing activity forof the site, the owner or contractor must have in place a functional and approved method of erosion and sediment control. The contractor must have receivedreceive authorization from the City prior to commencing construction activities regarding their proposed methods of erosion and sediment control. c) Development projects subject to the NPDES Construction Permit shall meet the requirements of the NPDES permit program, including the requirement to prepare and follow a storm waterstormwater pollution prevention plan (SWPPP). The owner shall submit proof of receipt and/or approval by Minnesota Pollution Control Agency and/or watershed district of the permit application prior to commencing construction if these permits are required for the project. A copy of the SWPPP prepared in accordance with the NPDES permit requirements, shall be submitted to the City if requestedwithin 48 hours of a request by the City Engineer. d) Storm WaterThe erosion and sediment control plan shall meet the requirements of the MPCA’s Construction Stormwater Permit and address the following criteria: 1) Stabilize all exposed soils and soil stockpiles. 2) Establish permanent vegetation. 3) Prevent sediment damage to adjacent properties and other designated areas. 4) Schedule erosion and sediment control practices. 5) Use temporary sedimentation basins. 6) The construction design of steep slopes shall be performed by a licensed Professional Engineer. 7) Control the stormwater leaving a site including any water generated from dewatering activities. 8) Stabilize all waterways and outlets. 9) Protect storm sewers from the entrance of sediment. 10) When working in or crossing water bodies, take precautions to contain sediment. 11) Restabilize utility construction areas as soon as possible. 12) Protect paved roads from sediment and mud brought in from access routes. 13) Dispose of temporary erosion and sediment control measures (e.g. silt fence, construction entrance material, and inlet protection). 14) Maintain all temporary and permanent erosion and sediment control practices. H2, Attachment 4 Council Packet Page Number 173 of 370 11 e) The erosion and sediment control plan shall meet the requirements of the MPCA’s Construction Stormwater Permit and include the following information: 1) Project description: the nature and purpose of the land disturbing activity and the amount of grading involved (total volume of material moved). 2) Phasing of construction: the nature and purpose of the land disturbing activity and the amount of grading, utilities, and building construction. 3) Existing site conditions: existing topography, vegetation, and drainage. 4) Identification of adjacent areas, neighboring streams, lakes, residential areas, roads, etc., which might be affected by the land disturbing activity. 5) Soils: soil names, mapping units, areas present on-site that are susceptible to erosion that will be disturbed. 6) Critical erosion areas: areas on the site that have potential for serious erosion problems. 7) BMPs to minimize erosion, discharge of sediment, and other pollutants: methods to be used to control erosion, discharge of sediment, and other pollutants on the site, both during and after the construction process. 8) Permanent stabilization: how the site will be stabilized after construction is completed, including specifications. 9) Stormwater management: how storm water runoff will be managed. 10) BMP maintenance: schedule of regular inspections and repair of erosion and sediment control structures. 11) Calculations: any made for the design of such items as sediment basins, diversions, waterways, and other applicable practices. 12) BMPs for dewatering activities: methods to be used to filter waters if dewatering activities are planned. 13) Site inspections and records of rainfall events: inspect the entire construction site as described by the MPCA’s Constructions Stormwater Permit. 14) Management of solid and hazardous wastes on each project site. 15) Temporary sedimentation basins: show locations, maintenance, and removal for all temporary sedimentation basins that are proposed to be utilized. 8) Stormwater Plan Submittals. a) Property lines and delineation of lands under ownership of the project proposer. b) Delineation of the subwatersheds contributing runoff from off-site, and proposed and existing subwatersheds on-site. c) Location, alignment and elevation of proposed and existing stormwater facilities. H2, Attachment 4 Council Packet Page Number 174 of 370 12 d) Delineation of existing on-site wetlands, shoreland and/or floodplain areas. Removal or disturbance of stream bank and shoreland vegetation should be avoided. The plan shall address how unavoidable disturbances to this vegetation will be mitigated per the City’s ordinances. e) Existing and proposed inlet and outlet elevations f) The 10-year and 100-year high water elevations on-site. For landlocked basins, the higher of the elevations determined in Part 4.g. of these standards shall also be identified. g) The lowest floor elevation and low opening elevation of all buildings and structures. h) Existing and proposed site contour elevations related to NGVD, 1929 datum.North American Vertical Datum of 1988 (NAVD 88). i) Construction plans and specifications of all proposed stormwater management facilities. j) Stormwater runoff volume and rate analyses for existing and proposed conditions. k) All hydrologic and hydraulic computations completed to design the proposed stormwater quality management facilities. Computations shall include a summary of existing and proposed impervious areas. l) All pollutant removal computations for practices not meeting the volume control/infiltration requirement. m) Provision of outlots or easements for maintenance access to detention basins, retention basins, constructed wetlands, and/or other stormwater management facilities. n) Maintenance agreement between developer and City which addresses sweeping, pond inspection, sediment removal and disposal, etc. o) Inlets to detention basins, wetlands, etc., shown at or below the outlet elevation. p) Identification of receiving water bodies (lakes, streams, wetlands, etc). q) Identification of existing and abandoned wells, and septic tanks on the development site. r) Documentation indicating conformance with these standards. 9) Prohibition of Illicit Discharges. No person(s) shall throw, drain, or otherwise discharge, cause, or allow others under itstheir control to throw, drain, or otherwise discharge into the municipal separate storm sewer system any pollutants or waters containing any pollutants other than stormwater, i.e., chemically treated swimming pool water which contains pollutants not found in stormwater. The following discharges are exempt from the prohibition provision above: a) Water line flushing performed by a government agency, other potable water sources, landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space H2, Attachment 4 Council Packet Page Number 175 of 370 13 pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants; b) Discharges or flows from fire fighting, and other discharges specified in writing by the City as being necessary to protect public health and safety; c) The prohibition provision above shall not apply to any non-stormwater discharge permitted under an NPDES permit or order issued to the discharger and administered under the authority of the StateMPCA and the FederalU.S. Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the (municipal/county) separate storm sewer system. H2, Attachment 4 Council Packet Page Number 176 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: May 19, 2015 SUBJECT: Approval to Modify Development Program and Establish TIF District No. 1-13 for Villages at Frost-English, 1955 English Street a.Approval of a Resolution for Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-13 and approving a Tax Increment Financing Plan b.Approval of a Resolution for the Phase One Tax Increment Financing Development Agreement with Maplewood Acquisition, LLC c.Approval of Maplewood Acquisition LLC’s Developer’s Agreement d.Approval of a Resolution for an Inter-fund Loan Agreement Introduction Sherman Associates, the developer, is requesting city council approval of tax increment financing (TIF) assistance to offset a portion of its eligible costs incurred in the redevelopment of the 5.5 acre former Maplewood Bowl site (1955 English Street). The proposed project is a three-phased, mixed-use development to be called The Villages at Frost-English. Additionally, the city will be undertaking public improvements as part of the larger Gladstone area redevelopment plan, which will include costs spent both inside and outside of the TIF District. A portion of these city incurred public improvement costs will be eligible for reimbursement from TIF revenue. Background January 22, 2014: The Metropolitan Council approved a livable communities demonstration account (LCDA) grant request for the city of Maplewood for $1,900,000. This grant money will be used for public infrastructure improvements along Frost Avenue and has assisted with the purchase of the Maplewood Bowl site. May 12, 2014: The city council adopted a resolution stating general support for the use of TIF with the proposed project. H3 Council Packet Page Number 177 of 370 April 13, 2015: The city council made all land use approvals required for this project to move forward. The first phase will be a four-story, multi-family building with 50 units. Phase two will be a 79-unit multi-family building rented exclusively to seniors and phase three will be a 6,000 square foot commercial retail building near Frost Avenue and English Street. Discussion TIF District No. 1-13 and TIF Plan The city hired LHB Inc. to conduct a TIF qualification study to determine if the proposed TIF District area qualified as a redevelopment TIF District. In order to qualify for the creation of a TIF District, the project area has to be determined as meeting the statutory requirements of a Redevelopment TIF District, which includes finding that the more than 70 percent of the parcels in the TIF District are occupied with improvements and more than 50 percent of the buildings in the TIF District are deemed to be structurally substandard to a degree requiring substantial renovation or clearance. The proposed TIF District qualifies as a redevelopment district based on this requirement. Phase 1 – Multi-Family Project - Development Agreement Terms: The proposed TIF development agreement for Phase 1 proposes reimbursing the developer for TIF eligible expenditures of $620,600 at an interest rate of 5 percent. The developer will be reimbursed towards this principal amount on an annual basis on a pay-as-you-go basis from 83 percent of the annual TIF revenues. The city will be able to capture 17 percent of the TIF revenues generated by the TIF District to use for funding public improvements both within and outside of the TIF District. The projected net present value of the TIF revenue stream generated by Phase 1 and captured by the city is $127,506. Phase 2 and 3 Senior Family and Commercial Projects – Deal Points: The city and the developer are also in the process of negotiating and drafting separate TIF development agreements for Phases 2 and 3 of the project. These development agreements, when completed, will be brought back to the city council for approval at a later date. While the agreements have not been finalized these are the preliminary deal points on which they are being drafted: -Phase 2: developer receives reimbursement for eligible project costs of $874,205, at an interest rate of 5 percent repaid annually on a pay-as-you -go basis from 90 percent of annual TIF revenue. The city is anticipated to capture an amount of $97,138 on a net present value basis, from their 10 percent portion of the Phase 2 revenue stream. Additionally, the developer’s ability to receive TIF reimbursement from Phase 2 will be tied to their completion of Phase 3. -Phase 3: city captures 100 percent of the TIF revenue generated by Phase 3 of the project, projected to be an amount of $223,511 on a net present value basis. Summary The total proposed assistance to be received by the developer is $1,494,805. The total amount of TIF revenues projected to be captured by the city for use on eligible public infrastructure improvements, both inside and outside of the TIF District, is $448,155. It is important to note H3 Council Packet Page Number 178 of 370 that these projections, and the corresponding reimbursement principal amounts, do not assume any inflationary growth of TIF revenues. In the event that inflationary growth is realized and TIF revenue is generated at a greater rate, the developer will be reimbursed faster and the TIF District as a whole will be capable of being decertified earlier than currently projected allowing the property to be place back on the general property tax rolls. Developer’s Agreement On April 13, 2015, the city c ouncil approved a conditional use permit a lot split and design plans for the Villages at Frost-English redevelopment project. A development agreement is necessary to insure that the conditions for approval are met. The improvements include new buildings and parking lot with an associated system for storm water treatment. Attached to this report is the development agreement. The development agreement provides security in the form of a letter of credit for the completion of the public improvements, parking lot grading, and final stabilization. In working with the developer, they are working on reformatting the agreement, leaving all terms in place. The developer agreement also includes certain obligations of the developer such as SAC, WAC, and PAC charges among other pertinent negotiated items. Staff recommends the city attorney review and approve any minor modifications to the final format of the document before the necessary parties sign. Inter-fund Loan Agreement It is proposed that the attached resolution be approved to allow automatic inter-fund loans for a proposed tax increment district within Development District No. 1 and to provide the terms and conditions for repayment. Development District No. 1 would encompass any potential Villages at Frost-English financing. State law requires that inter-fund loans be approved in advance along with the terms and conditions for repayment. It is city policy to automatically make inter-fund loans when a fund has a temporary cash deficit. These resolutions are a requirement by state law for TIF Districts. Budget Impact The current level of established property tax will continue to be collected and distributed to the city, county and school district. Approving and establishing the proposed TIF district and plan will direct future generation of property taxes, above the current level, to the developer and city to assist with financing its projects. The terms proposed above have been assumed and already incorporated into the approved Public Improvement project. Commission Review May 5, 2015: The planning commission reviewed the request for TIF and approved a resolution stating the proposed project is consistent with the city’s 2030 Comprehensive Plan May 13, 2015: The housing and economic development commission reviewed the request for TIF and recommended the city council approve the TIF plan. H3 Council Packet Page Number 179 of 370 Recommendation A. Approve the Resolution for the Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-13 and approving a Tax Increment Financing Plan. B. Approve the Resolution for the Phase One Tax Increment Financing Development Agreement with Maplewood Acquisition, LLC. C. Approve the terms of the attached Development Agreement with Maplewood Acquisition, LLC for the Villages at Frost-English, 1955 English Street North, and authorize the Mayor and City Manager to execute the agreement signifying City Council approval. The City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement. D. Approve the Resolution for an Inter-fund Loan Agreement. Attachments 1. Resolution Approving the Modification to the Development Program for Development District No. 1 and Establishing Tax Increment Financing District No. 1-13 and approving a Tax Increment Financing Plan 2. Resolution Approving Tax Increment Financing Development Agreement with Maplewood Acquisitions, LLC 3. Resolution Approving an Inter-fund Loan Agreement 4. Springsted Memo on Tax Increment Financing Plan 5. Tax Increment Financing Plan 6. LHB, Inc. Study 7. Phase One TIF Development Agreement 8. Developer’s Agreement 9. Location Map 10. Draft Planning Commission Minutes, May 5, 2015 11. Draft Housing and Economic Development Commission Minutes, May 13, 2015 H3 Council Packet Page Number 180 of 370 7097299v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: May 26, 2015 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held on the 26th day of May, 2015, at 7:00 p.m. The following members of the Council were present: and the following were absent: Member __________ introduced the following resolution and moved its adoption: RESOLUTION APPROVING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-13 THEREIN AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR WHEREAS: A. It has been proposed that the City of Maplewood, Minnesota (the "City") modify the Development Program for Development District No. 1 and establish Tax Increment Financing District No. 1-13 ("TIF District No. 1-13") therein and approve and accept the proposed Tax Increment Financing Plan therefor under the provisions of Minnesota Statutes, Sections 469.174 to 469.1794, as amended (the "Act"); and B. The City Council has investigated the facts and has caused to be prepared a modification to the Development Program for Development District No. 1 (the "Development Program Modification"), and has caused to be prepared a proposed tax increment financing plan for TIF District No. 1-13 therein (the "TIF Plan"); and C. The City has performed all actions required by law to be performed prior to the approval of the Development Program Modification and TIF Plan, including, but not limited to, notification of Ramsey County and School District No. 622 having taxing jurisdiction over the property to be included in TIF District No. 1-13 and the holding of a public hearing upon published and mailed notice as required by law; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Development District No. 1. The City has heretofore established in the City Development District No. 1 (the "Development District"), the initial boundaries of which are fixed and determined as described in the Development Program. H3, Attachment 1 Council Packet Page Number 181 of 370 7097299v1 2 2. Development Program Modification. The Development Program Modification, for the Development District, a copy of which is on file in the office of the City Manager, is adopted as the development program for the Development District. 3. TIF Plan. The TIF Plan is adopted as the tax increment financing plan for TIF District No. 1-13, and the City Council makes the following findings: (a) TIF District No. 1-13 is a redevelopment district as defined in Minnesota Statutes, Section 469.174, Subd. 10(a)(1), the specific basis for such determination being that parcels consisting of at least 70% of the area of TIF District No. 1-13 are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures, and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. The information used in making these findings is contained in the TIF Plan and a report of the building inspector which is incorporated herein by reference.. (b) The proposed development in the opinion of the City Council, would not occur solely through private investment within the reasonably foreseeable future. The reasons supporting this finding are that: (i) Private investment will not finance these redevelopment activities due to the high cost of site improvements and infrastructure costs. The City, without tax increment assistance, would not have the resources to undertake the necessary site improvements. It is necessary to finance these development activities through the use of tax increment financing so that other development by private enterprise will occur within the Development District. (ii) A comparative analysis of estimated market values both with and without establishment of TIF District No. 1-13 and the use of tax increments has been performed as described above. Such analysis is found in Exhibit V of the TIF Plan, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of TIF District No. 1-13 and the use of tax increments. (c) In the opinion of the City Council, the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of TIF District No. 1-13 permitted by the TIF Plan. The reasons supporting this finding are that: (i) The estimated amount by which the market value of the site will increase without the use of tax increment financing is $0, plus a small amount attributable to appreciation in land value; (ii) The estimated increase in the market value that will result from the development to be assisted with tax increment financing is $19,354,736; and H3, Attachment 1 Council Packet Page Number 182 of 370 7097299v1 3 (iii) The present value of the projected tax increments for the maximum duration of the district permitted by the tax increment financing plan is $2,395,400. (d) The TIF Plan for TIF District No. 1-13 conforms to the general plan for development or redevelopment of the City of Maplewood as a whole. The reasons for supporting this finding are that: (i) TIF District No. 1-13 is properly zoned; and (ii) The Planning Commission of the City has determined that the proposed TIF Plan conforms to the general plan for the development and redevelopment of the City as a whole ; and (iii) The TIF Plan will generally compliment and serve to implement policies adopted by the City. (e) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City of Maplewood as a whole, for the development or redevelopment of the Development District by private enterprise. The reasons supporting this finding are that: The development activities are necessary so that development and redevelopment by private enterprise can occur within the Development District. 4. Public Purpose. The adoption of the Development Program Modification and TIF Plan conform in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the State which is already built up to provide employment opportunities and to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. 5. Certification. The Auditor of Ramsey County is requested to certify the original net tax capacity of TIF District No. 1-13 as described in TIF Plan, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased in accordance with the Act; and the City Manager is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within TIF District No. 1-13 for which building permits have been issued during the 18 months immediately preceding the adoption of this Resolution. 6. Filing. The City Manager is further authorized and directed to file a copy of the Development Program Modification and TIF Plan for TIF District No. 1-13 with the Commissioner of Revenue and the Office of the State Auditor. 7. Administration. The administration of the Development District is assigned to the City Manager who shall from time to time be granted such powers and duties pursuant to Minnesota Statutes, Sections 469.130 and 469.131 as the City Council may deem appropriate. The motion for the adoption of the foregoing resolution was duly seconded by member _________ and upon vote being taken thereon, the following voted in favor thereof: H3, Attachment 1 Council Packet Page Number 183 of 370 7097299v1 4 and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. H3, Attachment 1 Council Packet Page Number 184 of 370 7097299v1 5 STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Manager of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the modification to the Development Program for Development District No. 1 and the establishment of Tax Increment Financing District No. 1-13 therein in the City. WITNESS my hand this 26th day of May, 2015. ________________________________ City Manager H3, Attachment 1 Council Packet Page Number 185 of 370 7097289v1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: May 26, 2015 Pursuant to due call and notice thereof, a meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall in said City on Tuesday, the 26th day of May, 2015, at 7:00 o'clock p.m. The following members were present: and the following were absent: Member ____________________ introduced the following resolution and moved its adoption: RESOLUTION AUTHORIZING EXECUTION OF A TAX INCREMENT FINANCING DEVELOPMENT AGREEMENT A. WHEREAS, Maplewood Apartments Limited Partnership (the "Developer") has requested the City of Maplewood, Minnesota (the "City") to assist with the financing of certain costs incurred in connection with the construction of an approximately 50-unit multifamily apartment facility in the City by the Developer (the "Project"). B. WHEREAS, the Developer and the City have determined to enter into a Tax Increment Financing Development Agreement providing for the City's tax increment financing assistance for the Project (the "Development Agreement"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The City Council hereby approves the Development Agreement in substantially the form submitted, and the Mayor and City Manager are hereby authorized and directed to execute the Development Agreement on behalf of the City. 2. The approval hereby given to the Development Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized by this resolution to execute the Development Agreement. The execution of the Development Agreement by the appropriate officer or officers of the City shall be conclusive evidence of the approval of the Development Agreement in accordance with the terms hereof. H3, Attachment 2 Council Packet Page Number 186 of 370 7097289v1 2 The motion for adoption of the foregoing resolution was duly seconded by member _________________ and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof: and the following voted against same: Adopted this 26th day of May, 2015. _________________________ Mayor Attest: ________________________ City Manager H3, Attachment 2 Council Packet Page Number 187 of 370 7097289v1 3 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Manager of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing extract of minutes with the original minutes of a meeting of the City Council of the City held on the date therein indicated, which are on file and of record in my office, and the same is a full, true and complete transcript therefrom insofar as the same relates to a Resolution Authorizing Execution of a Tax Increment Financing Development Agreement. WITNESS my hand as such Manager of the City Council of the City of Maplewood, Minnesota this _____ day of May, 2015. _____________________________ City Manager H3, Attachment 2 Council Packet Page Number 188 of 370 5601831v1 RESOLUTION NO. ____ RESOLUTION APPROVING THE TERMS OF UP TO A $750,000 INTERFUND LOAN IN CONNECTION WITH A PROPOSED TAX INCREMENT FINANCING DISTRICT NO. 1-13 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: Section 1. Background. (a) The City proposes to establish a Tax Increment Financing District No. 1-13 (the "TIF District") within Development District No. 1, and proposes to adopt a tax increment financing plan for the TIF District (the "TIF Plan"). (b) The City has determined to pay for certain costs identified in the TIF Plan consisting of land/building acquisition, public utilities, site improvements/preparation, other eligible improvements, and administrative costs (the "Qualified Costs") incurred in connection with the establishment of the TIF District and development/redevelopment of land within the TIF District, which costs will be financed on a temporary basis from City funds available for such purposes. (c) Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or loan money from the City's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs. (d) The City intends to reimburse itself for the payment of the Qualified Costs, plus interest thereon, from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "Interfund Loan"). Section 2. Terms of Interfund Loan. (a) The City hereby authorizes the advance of up to $750,000 from the City's General Fund or so much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances together with interest at the rate stated below. Interest accrues on the principal amount from the date of each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from time to time adjusted. The interest rate shall be 4% and will not fluctuate. (b) Principal and interest on the Interfund Loan shall be paid semi-annually on each February 1 and August 1 (each a "Payment Date") commencing with the Payment Date on which the City has Available Tax Increment (defined below), or on any other dates determined by the City Mana ger, through the last receipt of tax increment from the TIF District. H3, Attachment 3 Council Packet Page Number 189 of 370 5601831v1 2 (c) Payments on the Interfund Loan are payable solely from "Available Tax Increments" which shall mean, on each Payment Date, all of the tax increment available after other obligations have been paid, generated in the preceding six (6) months with respect to the property within the TIF District and remitted to the City by Ramsey County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.1794, as amended. Payments on the Interfund Loan are subordinate to any outstanding or future bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. (d) The principal sum and all accrued interest payable under the Interfund Loan are pre-payable in whole or in part at any time by the City without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Interfund Loan. (e) The Interfund Loan is evidence of an internal borrowing by the City in accordance with Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. The Interfund Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on the Interfund Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on the Interfund Loan or other costs incident hereto. The City shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. (f) The City may amend the terms of the Interfund Loan at any time by resolution of the City Council, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Effective Date. This resolution is effective upon the date of its approval. Adopted this 26th day of May, 2015. __________________________________________ Mayor ATTEST: City Manager H3, Attachment 3 Council Packet Page Number 190 of 370 MEMORANDUM TO: Melinda Coleman, City of Maplewood FROM: Tom Denaway, Assistant Vice President DATE: May 19, 2015 SUBJECT: Villages at Frost and English TIF Overview At the request of the City, Springsted has prepared TIF revenue projections and a corresponding TIF Plan for the proposed redevelopment of the Maplewood Bowl Site. The Developer, Sherman Associates, is proposing a multi- phase development containing approximately 50 multi-family rental units, 79 senior living facility, and an approximately 6,000 square foot commercial building. The Developer has requested TIF assistance to offset a portion of their eligible costs incurred in the redevelopment of the site. Additionally, the City will be undertaking public improvements as part of the larger Gladstone area redevelopment plan, which will include costs spent both inside and outside of the TIF District. A portion of these City incurred public improvement costs will be eligible for reimbursement from TIF revenue. Redevelopment TIF District Qualification The City hired LHB Inc. to conduct a TIF qualification study to determine if the proposed TIF District area qualified as a redevelopment TIF District. In order to qualify for the creation of a TIF District, the project area has to be determined as meeting the statutory requirements of a Redevelopment TIF District, which includes finding that the over 70% of the parcels in the TIF District are occupied with improvements and more than 50% of the buildings in the TIF District are deemed to be structurally substandard to a degree requiring substantial renovation or clearance. The definition in statute of “Structurally Substandard” is a building requiring improvements to meet current building codes, which would cost more than 15% of the cost of constructing a new structure. The proposed TIF District qualifies as a redevelopment district in that 100% of the parcels to be included in the District are determined to be occupied by improvements, and that 100% of the buildings within the TIF District are determined to be structurally substandard. TIF Revenue Assumptions The assumptions outlined below were used in the creation of the TIF revenue projections for the proposed TIF District. The revenue assumptions are based on project information and value assumptions provided by the Developer. Springsted Incorporated 380 Jackson Street, Suite 300 Saint Paul, MN 55101-2887 Tel: 651-223-3000 Fax: 651-223-3002 www.springsted.com H3, Attachment 4 Council Packet Page Number 191 of 370 City of Maplewood May 19, 2015 Page 2 Base Value: The current value of the property as of January 2014, for taxes payable 2015 is $1,616,300. We have assumed this will be the frozen taxable value of the property at the time of project certification, provided the certification request is made prior to July 1, 2015. Per Unit/SF Value: $100,000/unit Multi-Family Phase 1, $95,000/unit Senior Living Phase 2, and $100/psf Commercial Phase 3. Rental Classification Rate: - We have assumed the 79-unit senior facility will be classified at the 4D rental rate of 0.75%. We have assumed that 40 units of the multi-family development will be classified at the 4D rental rate of 0.75%; while the remaining 10 units will be classified at the standard 1.25% rental class rate. First Receipt of TIF and District Duration: 2018 – The TIF Plan elects to delay the receipt of first increment until 2018, in order to capture the first year of increment based on project completion in 2016. Redevelopment TIF Districts have a 25-year duration from the receipt of first increment, for a total duration of 26-years. The election to delay the first receipt of increment until 2018 will result in a final year of 2043. Inflation: The revenue projections uses in establishing TIF Plan budget for revenues and expenses include a 2% market value inflator. TIF Eligible Tax Rate Pay 2015: City: 46.353% County: 58.922% School District: 35.864% Miscellaneous: 11.233% Total Tax Rate: 152.372% TIF Plan Estimated Public Costs and Revenue: The adoption of a TIF Plan allows for the creation of a TIF District, and the included budget for public costs and revenues provides the City with the overall authority to enter into TIF redevelopment agreements. The TIF Plan itself does not enter the City into obligations, it merely provides the authority to enter into subsequent agreements. However, the total overall budget for potential activities of the TIF District is set by the budget of the TIF Plan. Therefore, we have chosen to include a 2% market value inflator in the TIF revenue projections to allow for a modest amount of budget flexibility. Additionally, the TIF Plan is a summary document and thus provides a budget for the total TIF eligible costs and revenues in a format that combines all three proposed phases of the proposed development. The cumulative budget for TIF revenues and expenses is outlined in the chart below. TIF Eligible Public Costs Private TIF eligible improvements, including demolition, relocation, site improvements/preparation costs, related infrastructure and other eligible improvements $1,723,230 Paygo Note Interest Payments 1,904,137 H3, Attachment 4 Council Packet Page Number 192 of 370 City of Maplewood May 19, 2015 Page 3 Public site work/infrastructure costs and Administrative expenses 1,394,036 Other Expenditures 0 Total $5,021,403 Estimated Sources of Revenue Tax Increment Revenue $5,021,403 Phase 1 – Multi-Family Project - Development Agreement Terms: Proposed for action by the City Council following the potential creation of the TIF District, is the entering into a development agreement to provide TIF assistance to the Developer. The proposed Development agreement for phase 1 proposes reimbursing the Developer for TIF eligible expenditures of $620,600 reimbursed on a pay-as-you- go basis at an interest rate of 5%. The Developer will be reimbursed towards this principal amount on an annual basis from 83% of the annual TIF revenues. The City will be able to capture 17% of the TIF revenues generated by the District to use for funding public improvements both within and outside of the TIF District. The projected net present value of the TIF revenue stream generated by phase 1 and captured by the City is $127,506. Phase 2 & 3 – Deal Points: The City and the Developer are also in the process of negotiating and drafting a separate development agreement for Phases 2 & 3 of the project. This development agreement when completed will be brought back to the City Council for approval at a later date. While the agreement has not been finalized these are the preliminary deal points on which it is being drafted: -Phase 2: Developer receives reimbursement for eligible project costs of $874,205, at an interest rate of 5% repaid annually on a pay-as-you-go basis from 90% of annual TIF revenue. The City is anticipated to capture an amount of $97,138 on a net present value basis, from their 10% portion of the Phase 2 revenue stream. Additionally, the Developer’s ability to receive TIF reimbursement from Phase 2 will be tied to their completion of Phase 3. -Phase 3: City captures 100% of the TIF revenue generated by Phase 3 of the project, projected to be an amount of $223,511 on a net present value basis. The total proposed assistance to be received by the Developer is $1,494,805. The total amount of TIF revenues projected to be captured by the City for use on eligible public infrastructure improvements, both inside and outside of the TIF District, is $448,155. The TIF revenue projections for each individual phase are shown below. It is important to note that these projections, and the corresponding reimbursement principal amounts, do not assume any inflationary growth of TIF revenues. In the event that inflationary growth is realized and TIF revenue is generated at a greater rate, the Developer will be reimbursed faster and the TIF District as a whole will be capable of being decertified earlier than currently projected allowing the property to be place back on the general property tax rolls. H3, Attachment 4 Council Packet Page Number 193 of 370 City of Maplewood May 19, 2015 Page 4 Phase 1 TIF Projections Projected Tax Increment ReportCity of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. xTax Credit Housing Project - Mixed 4D ClassificationTIF Projections - 50 M/F Units @ $100,000 EMV/Unit Less: Retained Times:Less:Less: Less:P.V.Annual Total Total Original Captured Tax Annual State Aud. Subtotal Admin Bond Annual AnnualPeriod Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net Tax Retainage Retainage Net Net Rev. ToEnding Value Capacity Capacity Capacity Rate Increment 0.360% Increment 5.000% 12.00% Revenue 06/30/15(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)5.00%12/31/15 542,248 4,609 4,6090 152.372%000000012/31/16 542,248 4,609 4,6090 152.372%000000012/31/17 542,248 4,609 4,6090 152.372%000000012/31/18 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 41,24712/31/19 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 39,28212/31/20 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 37,41212/31/21 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 35,63012/31/22 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 33,93412/31/23 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 32,31812/31/24 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 30,77912/31/25 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 29,31312/31/26 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 27,91712/31/27 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 26,58812/31/28 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 25,32212/31/29 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 24,11612/31/30 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 22,96812/31/31 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 21,87412/31/32 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 20,83212/31/33 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 19,84012/31/34 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 18,89612/31/35 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 17,99612/31/36 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 17,13912/31/37 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 16,32312/31/38 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 15,54512/31/39 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 14,80512/31/40 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 14,10012/31/41 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 13,42912/31/42 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 12,78912/31/43 5,000,000 42,500 4,609 37,891 152.372% 57,735208 57,527 2,876 6,903 47,748 12,180$1,501,110 $5,408 $1,495,702 $74,776 $179,478 $1,241,448 $622,574H3, Attachment 4Council Packet Page Number 194 of 370 City of Maplewood May 19, 2015 Page 5 Phase 2 TIF Projections Projected Tax Increment ReportCity of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. 1-13Tax Credit Housing Project - 4D ClassificationTIF Projections - 79 Senior Units @ $95,000 EMV/UnitLess: Retained Times:Less:Less: Less:P.V.Annual Total Total Original Captured Tax Annual State Aud. Subtotal City Admin. Annual AnnualPeriod Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net Tax Bond Retainage Retainage Net Net Rev. ToEnding Value Capacity Capacity Capacity Rate Increment 0.360% Increment 5.000% 5.00% Revenue 06/30/15(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)(12)5.00%12/31/15 962,552 7,219 7,2190 152.372%000000012/31/16 962,552 7,219 7,2190 152.372%000000012/31/17 962,552 7,219 7,2190 152.372%000000012/31/18 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 57,91812/31/19 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 55,16012/31/20 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 52,53312/31/21 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 50,03212/31/22 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 47,64912/31/23 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 45,38012/31/24 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 43,21912/31/25 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 41,16112/31/26 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 39,20112/31/27 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 37,33412/31/28 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 35,55612/31/29 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 33,86312/31/30 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 32,25112/31/31 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 30,71512/31/32 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 29,25212/31/33 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 27,85912/31/34 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 26,53312/31/35 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 25,26912/31/36 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 24,06612/31/37 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 22,92012/31/38 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 21,82912/31/39 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 20,78912/31/40 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 19,79912/31/41 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 18,85612/31/42 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 17,95812/31/43 7,505,000 56,288 7,219 49,068 152.372% 74,766269 74,497 3,725 3,725 67,047 17,103$1,943,916 $6,994 $1,936,922 $96,850 $96,850 $1,743,222 $874,205H3, Attachment 4Council Packet Page Number 195 of 370 City of Maplewood May 19, 2015 Page 6 Phase 3 TIF Projections City of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. xCommercial Portion of Maplewood Bowl SiteTIF Projections - $100 PSF @ 6,000sfLess: Retained Times:Less:Less:P.V.Annual Total Total Original Captured Tax Annual State Aud. Subtotal Admin. Annual AnnualPeriod Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net Tax Retainage Net Gross TI ToEnding Value Capacity Capacity Capacity Rate Increment 0.360% Increment 5.00% Revenue 06/30/15(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)5.00%12/31/15 111,5008368360 152.372%00000012/31/16 111,5008368360 152.372%00000012/31/17 111,5008368360 152.372%00000012/31/18 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 14,80812/31/19 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 14,10312/31/20 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 13,43112/31/21 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 12,79212/31/22 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 12,18212/31/23 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 11,60212/31/24 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 11,05012/31/25 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 10,52412/31/26 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 10,02312/31/27 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 9,54512/31/28 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 9,09112/31/29 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 8,65812/31/30 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 8,24612/31/31 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 7,85312/31/32 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 7,47912/31/33 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 7,12312/31/34 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 6,78412/31/35 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 6,46112/31/36 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 6,15312/31/37 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 5,86012/31/38 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 5,58112/31/39 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 5,31512/31/40 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 5,06212/31/41 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 4,82112/31/42 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 4,59112/31/43 711,500 12,086836 11,250 152.372% 17,14262 17,080854 16,226 4,373$445,692 $1,612 $444,080 $22,204 $421,876 $223,511H3, Attachment 4Council Packet Page Number 196 of 370 Maplewood, Minnesota Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 Within Development District No. 1 (Maplewood Bowl Redevelopment Project) Draft Dated: May 20, 2015 Public Hearing Scheduled: May 26, 2015 Prepared by: SPRINGSTED INCORPORATED 380 Jackson Street, Suite 300 St. Paul, MN 55101-2887 (651) 223-3000 WWW.SPRINGSTED.COM H3, Attachment 5 Council Packet Page Number 197 of 370 TABLE OF CONTENTS Section Page(s) A. Definitions .............................................................................................................................................................. 1 B. Statutory Authorization .......................................................................................................................................... 1 C. Statement of Need and Public Purpose ................................................................................................................. 1 D. Statement of Objectives ........................................................................................................................................ 1 E. Designation of Tax Increment Financing District as a Redevelopment District ...................................................... 2 F. Duration of the TIF District ..................................................................................................................................... 3 G. Property to be Included in the TIF District.............................................................................................................. 3 H. Property to be Acquired in the TIF District ............................................................................................................. 2 I. Specific Development Expected to Occur Within the TIF District .......................................................................... 3 J. Findings and Need for Tax Increment Financing ................................................................................................... 5 K. Estimated Public Costs .......................................................................................................................................... 4 L. Estimated Sources of Revenue ............................................................................................................................. 5 M. Estimated Amount of Bonded Indebtedness .......................................................................................................... 7 N. Original Net Tax Capacity ...................................................................................................................................... 7 O. Original Local Tax Rate ......................................................................................................................................... 6 P. Projected Retained Captured Net Tax Capacity and Projected Tax Increment ..................................................... 8 Q. Use of Tax Increment ............................................................................................................................................ 8 R. Excess Tax Increment ........................................................................................................................................... 7 S. Tax Increment Pooling and the Five Year Rule ..................................................................................................... 8 T. Limitation on Administrative Expenses .................................................................................................................. 8 U. Limitation on Property Not Subject to Improvements - Four Year Rule ................................................................. 9 V. Estimated Impact on Other Taxing Jurisdictions .................................................................................................. 11 W. Prior Planned Improvements ............................................................................................................................... 11 X. Development Agreements ................................................................................................................................... 12 Y. Assessment Agreements ..................................................................................................................................... 12 Z. Modifications of the Tax Increment Financing Plan ............................................................................................. 10 AA. Administration of the Tax Increment Financing Plan ........................................................................................... 11 AB. Filing TIF Plan, Financial Reporting and Disclosure Requirements ..................................................................... 11 Map of the Tax Increment Financing District within Development District No. 1 ...................................... EXHIBIT I Assumptions Report ............................................................................................................................... EXHIBIT II Projected Tax Increment Report ............................................................................................................ EXHIBIT III Estimated Impact on Other Taxing Jurisdictions Report ........................................................................EXHIBIT IV Market Value Analysis Report ................................................................................................................EXHIBIT V Executive Summary TIF District Qualification Report ............................................................................EXHIBIT VI H3, Attachment 5 Council Packet Page Number 198 of 370 City of Maplewood, Minnesota SPRINGSTED Page 1 Section A Definitions The terms defined in this section have the meanings given herein, unless the context in which they are used indicates a different meaning: "City" means the City of Maplewood, Minnesota; also referred to as a "Municipality". "City Council" means the City Council of the City; also referred to as the ‘Governing Body”. "County" means Ramsey County, Minnesota. "Development District" means Development District No. 1 in the City, which is described in the corresponding Development Program. "Development District Area" means the geographic area of the Development District. "Development Program" means the Development Program for the Development District. "School District" means Independent School District No. 622, Minnesota. “Special Law” means Minnesota Laws, 2013, Chapter 143, Article 9, Section 21. "State" means the State of Minnesota. "TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794, as amended, both inclusive. "TIF District" means Tax Increment Financing (Redevelopment) District No. 1-13. "TIF Plan" means the tax increment financing plan for the TIF District (this document). Section B Statutory Authorization See Section 1.3 of the Development Program for the Development District. Section C Statement of Need and Public Purpose See Section 1.4 of the Development Program for the Development District. Section D Statement of Objectives See Section 1.5 of the Development Program for the Development District. Section E Designation of Tax Increment Financing District as a Redevelopment District Redevelopment districts are a type of tax increment financing district in which one or more of the following conditions exists and is reasonably distributed throughout the district: (1) parcels comprising at least 70% of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50% of the buildings, not including outbuildings, are structurally substandard requiring substantial renovation or clearance. A parcel is deemed H3, Attachment 5 Council Packet Page Number 199 of 370 City of Maplewood, Minnesota SPRINGSTED Page 2 "occupied" if at least 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots; or other similar structures. (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used railyards, rail storage facilities, or excessive or vacated railroad right-of-ways; or (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in section 115C.02, subdivision 15, if the tank facilities: (i) have or had a capacity of more than 1,000,000 gallons; (ii) are located adjacent to rail facilities; and (iii) have been removed or are unused, underused, inappropriately used, or infrequently used. (iv) A qualifying disaster area, as defined in subdivision 10b. For districts consisting of two more noncontiguous areas, each area must individually qualify under the provisions listed above, as well as the entire area must also qualify as a whole. The TIF District qualifies as a redevelopment district in that it meets all of the criteria listed in (1) above. An executive summary of a report prepared by LHB, Inc. that details the qualifications is included in Exhibit VI. A copy of the entire report with supporting facts and documentation for this determination is on file with the City and is available to the public upon request. The full report will be retained by the City for the life of the TIF District. "Structurally substandard" is defined as buildings containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. Generally, a building is not structurally substandard if it is in compliance with the building code applicable to a new building, or could be modified to satisfy the existing code at a cost of less than 15% of the cost of constructing a new structure of the same size and type. A city may not find that a building is structurally substandard without an interior inspection, unless it can not gain access to the property and there exists evidence which supports the structurally substandard finding. Such evidence includes recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence. Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained. A parcel is deemed to be occupied by a structurally substandard building if the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district; (2) the demolition or removal of the substandard building was performed or financed by the City, or was performed by a developer under a development agreement with the City, (3) the City found by resolution before such demolition or removal occurred that the building was structurally substandard and that the City intended to include the parcel in the TIF district, and (4) the City notifies the county auditor that the original tax capacity of the parcel must be adjusted upon filing the request for certification of the tax capacity of the parcel as part of a district. In the case of (4) above, the County Auditor shall certify the original net tax capacity of the parcel to be the greater of (a) the current tax capacity of the parcel, or (b) a computed tax capacity of the parcel using the estimated market value of the parcel for the year in which the demolition or removal occurred, and the appropriate classification rate(s) for the current year. At least 90 percent of the tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation as a redevelopment district. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or H3, Attachment 5 Council Packet Page Number 200 of 370 City of Maplewood, Minnesota SPRINGSTED Page 3 contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of land, removal of hazardous substances or remediation necessary to develop the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the City may be included in the qualifying costs. Section F Duration of the TIF District Redevelopment districts may remain in existence 25 years from the date of receipt of the first tax increment. The City anticipates that the TIF District will remain in existence the maximum duration allowed by law (projected to be though the year 2043). Modification of this plan (see Section AA) shall not extend these limitations. All tax increments from taxes payable in the year the TIF District is decertified shall be paid to the City. Pursuant to MN Statutes, Section 469.175, Subdivision 1(b), the City elects to delay receipt of first increment until 2018. Section G Property to be Included in the TIF District The TIF District is an approximately 5.57-acre area of land located within the Development District. A map showing the location of the TIF District within the Development District is shown in Exhibit I. The boundaries and area encompassed by the TIF District are described below: Parcel Number* Legal Description* 162922140007 W 1/2 Of Vac Alley In Blk 1 Adj Lots 14 Thru 22 & E 1/2 Of Chambers St Vac Adj & Lots 14 Thru 22 In Blk 1 & W 1/2 Of Chambers St Vac & E 1/2 Of Alley Vac & Lots 6 Thru 11 Blk 2 & W 1/2 Of Alley Vac & Lots 12 Thru Lot 16 Blk 2 162922140074 E 1/2 Of Vac Alley Adj And Lots 9 1o And Lot 11 Blk 1 162922140073 E 1/2 Of Vac Alley Adj And Lot 8 Blk 1 162922140072 E 1/2 Of Vac Alley Adj And Lot 7 Blk 1 162922140071 E 1/2 Of Vac Alley Adj And Lot 6 Blk 1 162922140070 E 1/2 Of Vac Alley Adj And Lots 4 And Lot 5 Blk 1 162922140099 Subj To Rd; E 1/2 Of Vac Alley Accruing & Lots 1 Thru 3 Blk 1 H3, Attachment 5 Council Packet Page Number 201 of 370 City of Maplewood, Minnesota SPRINGSTED Page 4 162922140079 E 1/2 Of Chambers St Vac Adj & Fol; Ex E 80 Ft; Lots 23, 24 & Lot 25 Blk 1 162922140080 W 1/2 Of Vac Street & All Of Vac Alley Accruing & Lot 1 Blk 1 162922140081 Alleys & Street As Vac In Doc Nos. 1528547, 1807561 & 567589 Accruing & Fol; Lots 2 Thru 5 Blk 1 Kuhls Re & In Sd Lincoln Park; Lots 4 & Lot 5 Blk 2 162922140085 W 1/2 Of Alley As Vac In Doc #567589 Accruing & Fol; Lot 18 Blk 2 162922140086 W 1/2 Of Vac Alley Adj & Lot 17 Blk 2 The area encompassed by the TIF District shall also include all street or utility right-of-ways located upon or adjacent to the property described above. *The parcels to be located in the TIF District are being replatted. The Parcel Numbers and legal descriptions are representative of the parcels prior to the replatting. Section H Property to be Acquired in the TIF District The City may acquire and sell any or all of the property located within the TIF District; however, the City does not anticipate acquiring any such property at this time. Section I Specific Development Expected to Occur Within the TIF District The proposed project includes the redevelopment of the existing Maplewood Bowl site, into a three phase mixed-use development. The redevelopment of the site will be undertaken in three separate component, phase 1 of the redevelopment is projected to consist of an approximately 50-unit multi-family apartment building, phase 2 is projected to consist of an approximately 79-unit senior living facility, and phase 3 is projected to consist of an approximately 6,000 square foot commercial building. The redevelopment will also include corresponding site work, infrastructure, and parking improvements associated with mixed use project. The City anticipates using tax increment to reimburse the Developer for a portion of the TIF eligible project costs occurred in the development of the Facility. Included in the projected eligible costs to be reimbursed are costs associated with demolition of existing buildings, site work, private utility improvements, and other eligible improvements associated with the project. Additionally, the City anticipates using tax increment to finance public improvements and site work on property located within the Development District, along with related administrative expenses. Construction of the project is expected to begin in 2015, and be completed by 2016. The development is projected to be 100% assessed and on the tax rolls as of January 2, 2017 for taxes payable in 2018. H3, Attachment 5 Council Packet Page Number 202 of 370 City of Maplewood, Minnesota SPRINGSTED Page 5 At the time this document was prepared there were no signed construction contacts with regards to the above described development. Section J Findings and Need for Tax Increment Financing In establishing the TIF District, the City makes the following findings: (1) The TIF District qualifies as a redevelopment district; See Section E of this document for the reasons and facts supporting this finding. (2) The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF Plan. Factual basis: Proposed development not expected to occur: The development includes the construction of the three-phase mixed use development. A key component to the redevelopment is the reimbursement of eligible expenses through tax increments. The Developer has indicated they would not undertake the proposed development without the financial assistance. Without the assistance the City has no reason to expect that significant reinvestment in the site would occur without assistance similar to that provided in this plan. Therefore the City has no reason to believe the development would occur but-for the use of tax increment assistance. To summarize the basis for the City’s findings regarding alternative market value, in accordance with Minnesota Statutes, Section 469.175, Subd. 3(d), the City makes the following determinations: a. The City's estimate of the amount by which the market value of the site will increase without the use of tax increment financing is anywhere from $0 (except for a small amount for annual appreciation of land value) b. If the proposed development to be assisted with tax increment occurs in the District, the total increase in market value would be approximately $19,354,736, including the value of the building (See Exhibit V). c. The present value of tax increments from the District for the maximum duration of the district permitted by the TIF Plan is estimated to be $2,395,400 (See Exhibit V) d. Even if some development other than the proposed development were to occur, the Council finds that no alternative would occur that would produce a market value increase greater than $16,959,336 (the amount in clause b less the amount in clause c) without tax increment assistance. (3) The TIF Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for development of the TIF District by private enterprise. Factual basis: The proposed development is the construction of a mixed-use redevelopment, in the Development District that is expected to create substantial new tax base for the City and the state. The H3, Attachment 5 Council Packet Page Number 203 of 370 City of Maplewood, Minnesota SPRINGSTED Page 6 development clearly meets the City's housing and redevelopment goals of creating additional affordable and senior housing opportunities; additionally, the development meets the agency’s goal of the removal of blight. (4) The TIF Plan conforms to general plans for development of the City as a whole. Factual basis: The City Planning Commission has determined that the development proposed in the TIF Plan conforms to the City comprehensive plan. (5) The City does not elect the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subdivision 3(b); therefore subdivision 3(a) shall apply which indicates the original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions (see method (a) in Section P). Section K Estimated Public Costs The estimated public costs of the TIF District are listed below. Such costs are eligible for reimbursement from tax increments of the TIF District. Private TIF eligible improvements, including demolition, relocation, site improvements/preparation costs, related infrastructure and other eligible improvements $1,723,230 Paygo Note Interest Payments 1,904,137 Public site work/infrastructure costs and Administrative expenses 1,394,036 Other Expenditures 0 Total $5,021,403 The City reserves the right to administratively adjust the amount of any of the items listed above or to incorporate additional eligible items, so long as the total estimated public cost is not increased. The City reserves the right to spend available tax increment outside of the TIF District boundaries but within the Project Area. Section L Estimated Sources of Revenue Tax Increment revenue $5,021,403 Interest on invested funds 0 Bond proceeds 0 Loan proceeds 0 Grants 0 Other 0 Total $5,021,403 The City anticipates using future tax increments for reimbursement of public costs incurred from Section K. As increments are collected from the TIF District in future years, a portion of these tax increments will be reserved by the City as reimbursement for public costs incurred (primarily site work/infrastructure costs), either through internal funding or general obligation or revenue debt. The City also anticipates providing financial assistance to the proposed development through the use of pay-as-you-go financing. With pay-as-you-go financing, as tax increments are collected from the TIF District in future years, a portion of these tax increments will be distributed to the developer as reimbursement for eligible costs incurred related to the redevelopment of the site. H3, Attachment 5 Council Packet Page Number 204 of 370 City of Maplewood, Minnesota SPRINGSTED Page 7 The City reserves the right to finance any or all public costs of the TIF District using pay-as-you-go assistance, internal funding, general obligation or revenue debt, or any other financing mechanism authorized by law. The City also reserves the right to use other sources of revenue legally applicable to the TIF District to pay for such costs including, but not limited to, special assessments, utility revenues, federal or state funds, and investment income. Section M Estimated Amount of Bonded Indebtedness The City may consider issuing tax increment bonds to finance all or a portion of the estimated public costs, and reserves the right to issue such bonds in an amount not to exceed $5,021,403 (total estimated public costs). Section N Original Net Tax Capacity The County Auditor shall certify the original net tax capacity of the TIF District. This value will be equal to the total net tax capacity of all property in the TIF District as certified by the State Commissioner of Revenue. For districts certified between January 1 and June 30, inclusive, this value is based on the previous assessment year. For districts certified between July 1 and December 31, inclusive, this value is based on the current assessment year. The Authority intends to file the request for certification prior to July 1, 2015. Therefore, the original net tax capacity will be the net tax capacity as of January 2, 2014. The Estimated Market Value of all property within the TIF District as of January 2, 2014, for taxes payable in 2015, is $1,616,300, and is classified as commercial property. Upon redevelopment a portion of the site will be classified as rental property, and a portion will be classified as commercial property. Therefore, the estimated tax capacity is currently unknown; however, for purposes of the revenue projections in this TIF plan, the City has assumed a pro-rata share of the land area will be classified as rental an a portion as commercial resulting in $12,664, which is estimated to be the original net tax capacity of the TIF District. Each year the County Auditor shall certify the amount that the original net tax capacity has increased or decreased as a result of: (1) changes in the tax-exempt status of property; (2) reductions or enlargements of the geographic area of the TIF District; (3) changes due to stipulation agreements or abatements; or (4) changes in property classification rates. Section O Original Local Tax Rate The County Auditor shall also certify the original local tax rate of the TIF District. This rate shall be the sum of all local tax rates that apply to property in the TIF District. This rate shall be for the same taxes payable year as the original net tax capacity. In future years, the amount of tax increment generated by the TIF District will be calculated using the lesser of (a) the sum of the current local tax rates at that time or (b) the original local tax rate of the TIF District. As noted in Section M, the Authority intends to file the TIF District for certification prior to July 1, 2015; therefore, the Original Local Tax Rate will be the rate that applies for taxes payable in 2015. For purposes of estimating the tax increment generated by the TIF District, the sum of the local tax rates for taxes levied in 2014 and payable in 2015, is 152.372% as shown below. H3, Attachment 5 Council Packet Page Number 205 of 370 City of Maplewood, Minnesota SPRINGSTED Page 8 2014/2015 Taxing Jurisdiction Local Tax Rate City of Maplewood 46.353% Ramsey County 58.922% ISD # 622 35.864% Other 11.233% Total 152.372% Section P Projected Retained Captured Net Tax Capacity and Projected Tax Increment The City anticipates that development will be initiated in 2015, and completed in 2016 creating a total tax capacity for the TIF District No. 1-13 of $110,874 as of January 2, 2017. The captured tax capacity as of that date is estimated to be $98,209 and the first-year of tax increment is estimated to be $149,643 payable in 2018. A complete schedule of estimated tax increment from the TIF District is shown in Exhibit III. The estimates shown in this TIF Plan assume that commercial class rates remain at 1.5% for the first $150,000 of estimated market value and 2.0% of the market value above $150,000; while rental class rates will remain constant at 1.25% and 0.75% for 4(d) rental class rates. The projections also assume a 2% annual increase in market values. Each year the County Auditor shall determine the current net tax capacity of all property in the TIF District. To the extent that this total exceeds the original net tax capacity, the difference shall be known as the captured net tax capacity of the TIF District. For communities affected by the fiscal disparity provisions of Minnesota Statutes, Chapter 473F and Chapter 276A, the original net tax capacity of the TIF District shall be determined before the application of fiscal disparity. In subsequent years, the current net tax capacity shall either (a) be determined before the application of fiscal disparity or (b) exclude the product of any fiscal disparity increase in the TIF District (since the original net tax capacity was certified) times the appropriate fiscal disparity ratio. The method the City elects shall remain the same for the life of the TIF District, except that a single change may be made at any time from method (a) to method (b) above. »The City elects method (a), or M.S. Section 469.177, Subdivision 3(a). The County Auditor shall certify to the City the amount of captured net tax capacity each year. The City may choose to retain any or all of this amount. It is the City's intention to retain 100% of the captured net tax capacity of the TIF District. Such amount shall be known as the retained captured net tax capacity of the TIF District. Exhibit II gives a listing of the various information and assumptions used in preparing a number of the exhibits contained in this TIF Plan, including Exhibit III which shows the projected tax increment generated over the anticipated life of the TIF District. Section Q Use of Tax Increment Each year the County Treasurer shall deduct 0.36% of the annual tax increment generated by the TIF District and pay such amount to the State's General Fund. Such amounts will be appropriated to the State Auditor for the cost of financial reporting and auditing of tax increment financing information throughout the state. Exhibit III shows the projected deduction for this purpose over the anticipated life of the TIF District. The City has determined that it will use 100% of the remaining tax increment generated by the TIF District for any of the following purposes: H3, Attachment 5 Council Packet Page Number 206 of 370 City of Maplewood, Minnesota SPRINGSTED Page 9 (1) pay for the estimated public costs of the TIF District (see Section K) and County administrative costs associated with the TIF District (see Section T); (2) pay principal and interest on tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (3) accumulate a reserve securing the payment of tax increment bonds or other bonds issued to finance the estimated public costs of the TIF District; (4) pay all or a portion of the county road costs as may be required by the County Board under M.S. Section 469.175, Subdivision 1a; or (5) return excess tax increments to the County Auditor for redistribution to the City, County and School District. Tax increments from property located in one county must be expended for the direct and primary benefit of a project located within that county, unless both county boards involved waive this requirement. Tax increments shall not be used to circumvent levy limitations applicable to the City. Tax increment shall not be used to finance the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the State or federal government, or for a commons area used as a public park, or a facility used for social, recreational, or conference purposes. This prohibition does not apply to the construction or renovation of a parking structure or of a privately owned facility for conference purposes. If there exists any type of agreement or arrangement providing for the developer, or other beneficiary of assistance, to repay all or a portion of the assistance that was paid or financed with tax increments, such payments shall be subject to all of the restrictions imposed on the use of tax increments. Assistance includes sale of property at less than the cost of acquisition or fair market value, grants, ground or other leases at less then fair market rent, interest rate subsidies, utility service connections, roads, or other similar assistance that would otherwise be paid for by the developer or beneficiary. Section R Excess Tax Increment In any year in which the tax increments from the TIF District exceed the amount necessary to pay the estimated public costs authorized by the TIF Plan, the City shall use the excess tax increments to: (1) prepay any outstanding tax increment bonds; (2) discharge the pledge of tax increments thereof; (3) pay amounts into an escrow account dedicated to the payment of the tax increment bonds; or (4) return excess tax increments to the County Auditor for redistribution to the City, County and School District. The County Auditor must report to the Commissioner of Education the amount of any excess tax increment redistributed to the School District within 30 days of such redistribution. Section S Tax Increment Pooling and the Five-Year Rule At least 75% of the tax increments from the TIF District must be expended on activities within the district or to pay for bonds used to finance the estimated public costs of the TIF District (see Section E for additional restrictions). No more than 25% of the tax increments may be spent on costs outside of the TIF District but within the boundaries of the Project Area, except to pay debt service on credit enhanced bonds. All administrative expenses are considered to H3, Attachment 5 Council Packet Page Number 207 of 370 City of Maplewood, Minnesota SPRINGSTED Page 10 have been spent outside of the TIF District. Tax increments are considered to have been spent within the TIF District if such amounts are: (1) actually paid to a third party for activities performed within the TIF District within five years after certification of the district; (2) used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably expected on the date of issuance to be spent within the later of the five-year period or a reasonable temporary period or are deposited in a reasonably required reserve or replacement fund. (3) used to make payments or reimbursements to a third party under binding contracts for activities performed within the TIF District, which were entered into within five years after certification of the district; or (4) used to reimburse a party for payment of eligible costs (including interest) incurred within five years from certification of the district. Beginning with the sixth year following certification of the TIF District, at least 75% of the tax increments must be used to pay outstanding bonds or make contractual payments obligated within the first five years. When outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual obligations, the TIF District must be decertified. The City anticipates that tax increments will be spent outside of the TIF District (including a portion for allowable administrative expenses) for eligible redevelopment pooling expenditures. Section T Limitation on Administrative Expenses Administrative expenses are defined as all costs of the City other than: (1) amounts paid for the purchase of land; (2) amounts paid for materials and services, including architectural and engineering services directly connected with the physical development of the real property in the project; (3) relocation benefits paid to, or services provided for, persons residing or businesses located in the project; (4) amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to section 469.178; or (5) amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in clause (1) to (3). Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning or economic development consultants, and actual costs incurred by the County in administering the TIF District. Tax increments may be used to pay administrative expenses of the TIF District up to the lesser of (a) 10% of the total tax increment expenditures authorized by the TIF Plan or (b) 10% of the total tax increments received by the TIF District. Section U Limitation on Property Not Subject to Improvements - Four Year Rule If after four years from certification of the TIF District no demolition, rehabilitation, renovation, or qualified improvement of an adjacent street has commenced on a parcel located within the TIF District, then that parcel shall be excluded from the TIF District and the original net tax capacity shall be adjusted accordingly. Qualified H3, Attachment 5 Council Packet Page Number 208 of 370 City of Maplewood, Minnesota SPRINGSTED Page 11 improvements of a street are limited to construction or opening of a new street, relocation of a street, or substantial reconstruction or rebuilding of an existing street. The City must submit to the County Auditor, by February 1 of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. If a parcel is excluded from the TIF District and the City or owner of the parcel subsequently commences any of the above activities, the City shall certify to the County Auditor that such activity has commenced and the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the original net tax capacity of the TIF District. Section V Estimated Impact on Other Taxing Jurisdictions Exhibit IV shows the estimated impact on other taxing jurisdictions if the maximum projected retained captured net tax capacity of the TIF District was hypothetically available to the other taxing jurisdictions. The City believes that there will be no adverse impact on other taxing jurisdictions during the life of the TIF District, since the proposed development would not have occurred without the establishment of the TIF District and the provision of public assistance. A positive impact on other taxing jurisdictions will occur when the TIF District is decertified and the development therein becomes part of the general tax base. The fiscal and economic implications of the proposed tax increment financing district, as pursuant to Minnesota Statutes, Section 469.175, Subdivision 2, are listed below. 1. The total amount of tax increment that will be generated over the life of the TIF District is estimated to be $5,021,403. 2. To the extent the project in the TIF District generates any public cost impacts on City-provided services such as police and fire protection, public infrastructure, and the impact of any general obligation tax increment bonds attributable to the TIF District upon the ability to issue other debt for general fund purposes, such costs will be levied upon the taxable net tax capacity of the City, excluding that portion captured by the TIF District. 3. The amount of tax increments over the life of the TIF District that would be attributable to School District levies, assuming the School District’s share of the total local tax rate for all taxing jurisdictions remained the same, is estimated to be $1,186,164. 4. The amount of tax increments over the life of the TIF District that would be attributable to County levies, assuming the County’s share of the total local tax rate for all taxing jurisdictions remained the same is estimated to be $1,948,783. 5. No additional information has been requested by the County or School District that would enable it to determine additional costs that will accrue to it due to the development proposed for the district. Section W Prior Planned Improvements The City shall accompany its request for certification to the County Auditor (or notice of district enlargement), with a listing of all properties within the TIF District for which building permits have been issued during the 18 months immediately preceding approval of the TIF Plan. The County Auditor shall increase the original net tax capacity of the TIF District by the net tax capacity of each improvement for which a building permit was issued. There have been no building permits issued in the last 18 months in conjunction with any of the properties within the TIF District. H3, Attachment 5 Council Packet Page Number 209 of 370 City of Maplewood, Minnesota SPRINGSTED Page 12 Section X Development Agreements If within a project containing a redevelopment district, more than 25% of the acreage of the property to be acquired by the City is purchased with tax increment bonds proceeds (to which tax increment from the property is pledged), then prior to such acquisition, the City must enter into an agreement for the development of the property. Such agreement must provide recourse for the City should the development not be completed. The City anticipates entering into an agreement for development, but does not anticipate acquiring property located within the TIF District. Section Y Assessment Agreements The City may, upon entering into a development agreement, also enter into an assessment agreement with the developer, which establishes a minimum market value of the land and improvements for each year during the life of the TIF District. The assessment agreement shall be presented to the County or City Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land, and so long as the minimum market value contained in the assessment agreement appears to be an accurate estimate, shall certify the assessment agreement as reasonable. The assessment agreement shall be filed for record in the office of the County Recorder of each county where the property is located. Any modification or premature termination of this agreement must first be approved by the City, County and School District. The City does anticipate entering into an assessment agreements for the individual development phases. Section Z Modifications of the Tax Increment Financing Plan Any reduction or enlargement in the geographic area of the Development District or the TIF District; a determination to capitalize interest on the debt if that determination was not part of the original TIF Plan, increase in the portion of the captured net tax capacity to be retained by the City; increase in the total estimated public costs; or designation of property to be acquired by the City shall be approved only after satisfying all the necessary requirements for approval of the original TIF Plan. This paragraph does not apply if: (1) the only modification is elimination of parcels from the TIF District; and (2) the current net tax capacity of the parcels eliminated equals or exceeds the net tax capacity of those parcels in the TIF District's original net tax capacity, or the City agrees that the TIF District's original net tax capacity will be reduced by no more than the current net tax capacity of the parcels eliminated. The City must notify the County Auditor of any modification that reduces or enlarges the geographic area of the TIF District. The geographic area of the TIF District may be reduced but not enlarged after five years following the date of certification. Section AA Administration of the Tax Increment Financing Plan Upon adoption of the TIF Plan, the City shall submit a copy of such plan to the Minnesota Department of Revenue and the Office of the State Auditor. The City shall also request that the County Auditor certify the original net tax capacity and net tax capacity rate of the TIF District. To assist the County Auditor in this process, the City shall submit copies of the TIF Plan, the resolution establishing the TIF District and adopting the TIF Plan, and a listing of any prior planned improvements. The City shall also send the County Assessor any assessment agreement H3, Attachment 5 Council Packet Page Number 210 of 370 City of Maplewood, Minnesota SPRINGSTED Page 13 establishing the minimum market value of land and improvements in the TIF District, and shall request that the County Assessor review and certify this assessment agreement as reasonable. The County shall distribute to the City the amount of tax increment as it becomes available. The amount of tax increment in any year represents the applicable property taxes generated by the retained captured net tax capacity of the TIF District. The amount of tax increment may change due to development anticipated by the TIF Plan, other development, inflation of property values, or changes in property classification rates or formulas. In administering and implementing the TIF Plan, the following actions should occur on an annual basis: (1) prior to July 1, the City shall notify the County Assessor of any new development that has occurred in the TIF District during the past year to insure that the new value will be recorded in a timely manner. (2) if the County Auditor receives the request for certification of a new TIF District, or for modification of an existing TIF District, before July 1, the request shall be recognized in determining local tax rates for the current and subsequent levy years. Requests received on or after July 1 shall be used to determine local tax rates in subsequent years. (3) each year the County Auditor shall certify the amount of the original net tax capacity of the TIF District. The amount certified shall reflect any changes that occur as a result of the following: (a) the value of property that changes from tax-exempt to taxable shall be added to the original net tax capacity of the TIF District. The reverse shall also apply; (b) the original net tax capacity may be modified by any approved enlargement or reduction of the TIF District; (c) if laws governing the classification of real property cause changes to the percentage of estimated market value to be applied for property tax purposes, then the resulting increase or decrease in net tax capacity shall be applied proportionately to the original net tax capacity and the retained captured net tax capacity of the TIF District. The County Auditor shall notify the City of all changes made to the original net tax capacity of the TIF District. Section AB Filing TIF Plan, Financial Reporting and Disclosure Requirements The City will file the TIF Plan, and any subsequent amendments thereto, with the Commissioner of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, subdivision 4A. The City will comply with all reporting requirements for the TIF District under Minnesota Statutes, Section 469.175, subdivisions 5 and 6. H3, Attachment 5 Council Packet Page Number 211 of 370 Exhibit I SPRINGSTED MAP OF TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-13 Within Development District No. 1 H3, Attachment 5 Council Packet Page Number 212 of 370 Exhibit II SPRINGSTED Assumptions Report City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-13 Maplewood Bowl Redevelopment Project Combined Phases TIF Projections Type of Tax Increment Financing District Redevelopment Maximum Duration of TIF District 25 years from 1st increment Projected Certification Request Date 06/30/15 Decertification Date 12/31/43 (26 Years of Increment) 2014/2015 Base Estimated Market Value $1,616,300 Original Net Tax Capacity $12,664 Assessment/Collection Year 2015/2016 2016/2017 2017/2018 2018/2019 Base Estimated Market Value $1,616,300 $1,616,300 $1,616,300 $1,616,300 Estimated Increase in Value - New Construction 0 0 11,600,200 11,842,300 Total Estimated Market Value 1,616,300 1,616,300 13,216,500 13,458,600 Total Net Tax Capacity $12,664 $12,664 $110,874 $112,840 City of Maplewood 46.353% Ramsey County 58.922% ISD #622 35.864% Other 11.233% Local Tax Capacity Rate 152.372%2014/2015 Fiscal Disparities Contribution From TIF District 0.0000% Administrative Retainage Percent (maximum = 10%)10.00% Pooling Percent 17.76% Present Value Date & Rate 06/30/15 5.00%PV Amount $2,395,400 Notes Projections assume no future changes to classification rates and current tax rates remain constant. Projections are based on 50 Multi-Family units valued at $100,000/unit, 79 Senior Units valued at $95,000/unit Commercial Portion is based on 6,000sf building valued at $100 psf. Base value is based on tax capacity calculated on pro-rata basis per usage for each phase. Projecitons are based on a 2% market value inflator for each phase. Projections assume commencment of construction in 2015, with project completion in 2016, but a delay of first receipt to 2018 to coincide with full value. Multi-Family Projections are based on 40 units at 4D class rate, and 10 units at standard class rate. Senior Projections are based on 79 units at 4D class rate. H3, Attachment 5 Council Packet Page Number 213 of 370 Exhibit III SPRINGSTED Projected Tax Increment ReportCity of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. 1-13Maplewood Bowl Redevelopment ProjectCombined Phases TIF ProjectionsLess: Retained Times:Less:Less:P.V.Annual Total Total Original Captured Tax Annual State Aud. Subtotal City Annual AnnualPeriod Market Net Tax Net Tax Net Tax Capacity Gross Tax Deduction Net Tax Retainage Net Net Rev. ToEnding Value Capacity Capacity Capacity Rate Increment 0.360% Increment 27.76% Revenue 06/30/15(1)(2)(3)(4)(5)(6)(7)(8)(9)(10)(11)5.00%12/31/15 1,616,300 12,664 12,6640 152.372%00000012/31/16 1,616,300 12,664 12,6640 152.372%00000012/31/17 1,616,300 12,664 12,6640 152.372%00000012/31/18 13,216,500 110,874 12,664 98,209 152.372% 149,643539 149,104 41,708 107,396 92,77312/31/19 13,458,600 112,840 12,664 100,175 152.372% 152,639549 152,090 42,516 109,574 90,14712/31/20 13,705,542 114,845 12,664 102,180 152.372% 155,694560 155,134 43,339 111,795 87,59412/31/21 13,957,423 116,890 12,664 104,225 152.372% 158,810572 158,238 44,178 114,060 85,11412/31/22 14,214,341 118,976 12,664 106,311 152.372% 161,988583 161,405 45,035 116,370 82,70212/31/23 14,476,398 121,104 12,664 108,439 152.372% 165,231595 164,636 45,908 118,728 80,36012/31/24 14,743,696 123,274 12,664 110,609 152.372% 168,538607 167,931 46,800 121,131 78,08212/31/25 15,016,340 125,488 12,664 112,823 152.372% 171,912618 171,294 47,710 123,584 75,86912/31/26 15,294,437 127,746 12,664 115,081 152.372% 175,352631 174,721 48,637 126,084 73,71912/31/27 15,578,096 130,049 12,664 117,384 152.372% 178,861644 178,217 49,582 128,635 71,62912/31/28 15,867,427 132,398 12,664 119,734 152.372% 182,441657 181,784 50,547 131,237 69,59812/31/29 16,162,546 134,794 12,664 122,130 152.372% 186,092670 185,422 51,532 133,890 67,62412/31/30 16,463,567 137,239 12,664 124,574 152.372% 189,817683 189,134 52,536 136,598 65,70612/31/31 16,770,608 139,732 12,664 127,067 152.372% 193,614697 192,917 53,559 139,358 63,84112/31/32 17,083,790 142,275 12,664 129,610 152.372% 197,489711 196,778 54,603 142,175 62,03012/31/33 17,403,236 144,868 12,664 132,204 152.372% 201,441725 200,716 55,668 145,048 60,27012/31/34 17,729,071 147,514 12,664 134,849 152.372% 205,473739 204,734 56,756 147,978 58,56012/31/35 18,061,422 150,212 12,664 137,548 152.372% 209,585755 208,830 57,863 150,967 56,89712/31/36 18,400,421 152,965 12,664 140,301 152.372% 213,779769 213,010 58,994 154,016 55,28312/31/37 18,746,199 155,773 12,664 143,108 152.372% 218,056785 217,271 60,147 157,124 53,71312/31/38 19,098,893 158,636 12,664 145,972 152.372% 222,420801 221,619 61,323 160,296 52,18812/31/39 19,458,641 161,557 12,664 148,893 152.372% 226,871817 226,054 62,523 163,531 50,70612/31/40 19,825,584 164,537 12,664 151,872 152.372% 231,411834 230,577 63,746 166,831 49,26612/31/41 20,199,866 167,576 12,664 154,911 152.372% 236,041850 235,191 64,994 170,197 47,86612/31/42 20,581,633 170,676 12,664 158,011 152.372% 240,765867 239,898 66,267 173,631 46,50712/31/43 20,971,036 173,837 12,664 161,173 152.372% 245,582884 244,698 67,565 177,133 45,186$5,039,545 $18,142 $5,021,403 $1,394,036 $3,627,367 $1,723,230H3, Attachment 5Council Packet Page Number 214 of 370 Exhibit IV SPRINGSTED Estimated Impact on Other Taxing Jurisdictions ReportCity of Maplewood, MinnesotaTax Increment Financing (Redevelopment) District No. 1-13Maplewood Bowl Redevelopment ProjectCombined Phases TIF ProjectionsWithoutProject or TIF DistrictWith Project and TIF DistrictFinalProjectedHypothetical2014/20152014/2015 Retained New Hypothetical Hypothetical Tax GeneratedTaxable 2014/2015 Taxable Captured Taxable Adjusted Decrease In by RetainedTaxingNet Tax Local Net Tax Net Tax Net Tax Local Local CapturedJurisdictionCapacity (1) Tax Rate Capacity (1) + Capacity = Capacity Tax Rate (*) Tax Rate (*) N.T.C. (*)City of Maplewood34,824,69446.353% 34,824,694$161,17334,985,867 46.139% 0.214% 74,364Ramsey County402,266,47558.922% 402,266,475 161,173 402,427,648 58.898% 0.024% 94,928ISD #62270,170,28335.864% 70,170,283 161,173 70,331,456 35.782% 0.082% 57,671Other (2)--- 11.233%--- 161,173 --- 11.233% --- --- Totals152.372%152.053% 0.319% * Statement 1: If the projected Retained Captured Net Tax Capacity of the TIF District was hypothetically available to each ofthe taxing jurisdictions above, the result would be a lower local tax rate (see Hypothetical Adjusted Tax Rate above)which would produce the same amount of taxes for each taxing jurisdiction. In such a case, the total local tax ratewould decrease by 0.319% (see Hypothetical Decrease in Local Tax Rate above). The hypothetical tax that theRetained Captured Net Tax Capacity of the TIF District would generate is also shown above.Statement 2: Since the projected Retained Captured Net Tax Capacity of the TIF District is not available to the taxing jurisdictions,then there is no impact on taxes levied or local tax rates. (1) Taxable net tax capacity = total net tax capacity - captured TIF - fiscal disparity contribution, if applicable. (2) The impact on these taxing jurisdictions is negligible since they represent only 7.37% of the total tax rate.H3, Attachment 5Council Packet Page Number 215 of 370 Exhibit VI SPRINGSTED Market Value Analysis Report City of Maplewood, Minnesota Tax Increment Financing (Redevelopment) District No. 1-13 Maplewood Bowl Redevelopment Project Combined Phases TIF Projections Assumptions Present Value Date 06/30/15 P.V. Rate - Gross T.I.5.00% Increase in EMV With TIF District $19,354,736 Less: P.V of Gross Tax Increment 2,395,400 Subtotal $16,959,336 Less: Increase in EMV Without TIF 0 Difference $16,959,336 Annual Present Gross Tax Value @ Year Increment 5.00% 0 2017 0 0 1 2018 149,643 129,267 2 2019 152,639 125,576 3 2020 155,694 121,990 4 2021 158,810 118,506 5 2022 161,988 115,122 6 2023 165,231 111,835 7 2024 168,538 108,641 8 2025 171,912 105,539 9 2026 175,352 102,525 10 2027 178,861 99,596 11 2028 182,441 96,752 12 2029 186,092 93,989 13 2030 189,817 91,305 14 2031 193,614 88,697 15 2032 197,489 86,164 16 2033 201,441 83,703 17 2034 205,473 81,313 18 2035 209,585 78,990 19 2036 213,779 76,734 20 2037 218,056 74,542 21 2038 222,420 72,414 22 2039 226,871 70,345 23 2040 231,411 68,336 24 2041 236,041 66,384 25 2042 240,765 64,489 26 2043 245,582 62,646 $5,039,545 $2,395,400 H3, Attachment 5 Council Packet Page Number 216 of 370 Exhibit VI SPRINGSTED PART 1 – EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Maplewood to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District (“TIF District”) proposed to be established by the City. The proposed TIF District is bounded by Atlantic Street on the West, Frost Avenue on the South and English Street on the East (Diagram 1). The purpose of LHB’s work is to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether one (1) building on twelve (12) parcels, located within the proposed TIF District, meet the qualifications required for a Redevelopment District. Diagram 1 – Proposed TIF District SCOPE OF WORK The proposed TIF District consists of twelve (12) parcels with one (1) building. The building was inspected on April 23, 2015. A Building Code and Condition Deficiency report for the building that was inspected is located in Appendix B. H3, Attachment 5 Council Packet Page Number 217 of 370 Exhibit VI SPRINGSTED CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: • The proposed TIF District has a coverage calculation of 95.7 percent which is above the 70 percent requirement. • 100 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard buildings are reasonably distributed. H3, Attachment 5 Council Packet Page Number 218 of 370 Report of Inspection Procedures and Results for Determining Qualifications of a Tax Increment Financing District as a Redevelopment District Maplewood 1955 English Street Redevelopment TIF District Maplewood, Minnesota May 11, 2015 Prepared For the City of Maplewood Prepared by: LHB, Inc. 701 Washington Avenue North, Suite 200 Minneapolis, Minnesota 55401 LHB Project No. 150272 H3, Attachment 6 Council Packet Page Number 219 of 370 TABLE OF CONTENTS PART 1 – EXECUTIVE SUMMARY ................................................................................ 2 Purpose of Evaluation ................................................................................ 2 Scope of Work ........................................................................................... 3 Conclusion ................................................................................................. 3 PART 2 – MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS ....... 3 A. Coverage Test ...................................................................................... 4 B. Condition of Buildings Test ................................................................... 4 C. Distribution of Substandard Buildings ................................................... 5 PART 3 – PROCEDURES FOLLOWED ......................................................................... 6 PART 4 – FINDINGS ...................................................................................................... 6 A. Coverage Test ...................................................................................... 6 B. Condition of Building Test ..................................................................... 7 1. Building Inspection .................................................................... 7 2. Replacement Cost ..................................................................... 8 3. Code Deficiencies ..................................................................... 8 4. System Condition Deficiencies .................................................. 9 C. Distribution of Substandard Structures ................................................. 9 PART 5 - TEAM CREDENTIALS .................................................................................. 11 APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code, Condition Deficiency and Context Analysis Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 1 of 12 Final Report H3, Attachment 6 Council Packet Page Number 220 of 370 PART 1 – EXECUTIVE SUMMARY PURPOSE OF EVALUATION LHB was hired by the City of Maplewood to inspect and evaluate the properties within a Tax Increment Financing Redevelopment District (“TIF District”) proposed to be established by the City. The proposed TIF District is bounded by Atlantic Street on the West, Frost Avenue on the South and English Street on the East (Diagram 1). The purpose of LHB’s work is to determine whether the proposed TIF District meets the statutory requirements for coverage, and whether one (1) building on twelve (12) parcels, located within the proposed TIF District, meet the qualifications required for a Redevelopment District. Diagram 1 – Proposed TIF District Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 2 of 12 Final Report H3, Attachment 6 Council Packet Page Number 221 of 370 SCOPE OF WORK The proposed TIF District consists of twelve (12) parcels with one (1) building. The building was inspected on April 23, 2015. A Building Code and Condition Deficiency report for the building that was inspected is located in Appendix B. CONCLUSION After inspecting and evaluating the properties within the proposed TIF District and applying current statutory criteria for a Redevelopment District under Minnesota Statutes, Section 469.174, Subdivision 10, it is our professional opinion that the proposed TIF District qualifies as a Redevelopment District because: • The proposed TIF District has a coverage calculation of 95.7 percent which is above the 70 percent requirement. • 100 percent of the buildings are structurally substandard which is above the 50 percent requirement. • The substandard buildings are reasonably distributed. The remainder of this report describes our process and findings in detail. PART 2 – MINNESOTA STATUTE 469.174, SUBDIVISION 10 REQUIREMENTS The properties were inspected in accordance with the following requirements under Minnesota Statutes, Section 469.174, Subdivision 10(c), which states: INTERIOR INSPECTION “The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property...” EXTERIOR INSPECTION AND OTHER MEANS “An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard.” DOCUMENTATION “Written documentation of the findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3(1).” Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 3 of 12 Final Report H3, Attachment 6 Council Packet Page Number 222 of 370 QUALIFICATION REQUIREMENTS Minnesota Statutes, Section 469.174, Subdivision 10 (a) (1) requires three tests for occupied parcels: A. COVERAGE TEST …“parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, or paved or gravel parking lots…” The coverage required by the parcel to be considered occupied is defined under Minnesota Statutes, Section 469.174, Subdivision 10(e), which states: “For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots, or other similar structures.” B. CONDITION OF BUILDINGS TEST Minnesota Statutes, Section 469.174, Subdivision 10(a) states, “…and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;” 1. Structurally substandard is defined under Minnesota Statutes, Section 469.174, Subdivision 10(b), which states: “For purposes of this subdivision, ‘structurally substandard’ shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance.” a. We do not count energy code deficiencies toward the thresholds required by Minnesota Statutes, Section 469.174, Subdivision 10(b) defined as “structurally substandard”, due to concerns expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. 2. Buildings are not eligible to be considered structurally substandard unless they meet certain additional criteria, as set forth in Subdivision 10(c) which states: “A building is not structurally substandard if it is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence.” “Items of evidence that support such a conclusion [that the building is not disqualified] include recent fire or police inspections, on-site property tax appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence.” Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 4 of 12 Final Report H3, Attachment 6 Council Packet Page Number 223 of 370 LHB counts energy code deficiencies toward the 15 percent code threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c)) for the following reasons: • The Minnesota energy code is one of ten building code areas highlighted by the Minnesota Department of Labor and Industry website where minimum construction standards are required by law. • The index page of the 2007 Minnesota Building Code lists the Minnesota Energy Code as a “Required Enforcement” area compared to an additional list of “Optional Enforcement” chapters. • The Senior Building Code Representative for the Construction Codes and Licensing Division of the Minnesota Department of Labor and Industry confirmed that the Minnesota Energy Code is being enforced throughout the State of Minnesota. • In a January 2002 report to the Minnesota Legislature, the Management Analysis Division of the Minnesota Department of Administration confirmed that the construction cost of new buildings complying with the Minnesota Energy Code is higher than buildings built prior to the enactment of the code. • Proper TIF analysis requires a comparison between the replacement value of a new building built under current code standards with the repairs that would be necessary to bring the existing building up to current code standards. In order for an equal comparison to be made, all applicable code chapters should be applied to both scenarios. Since current construction estimating software automatically applies the construction cost of complying with the Minnesota Energy Code, energy code deficiencies should also be identified in the existing structures. C. DISTRIBUTION OF SUBSTANDARD BUILDINGS Minnesota Statutes, Section 469.174, Subdivision 10, defines a Redevelopment District and requires one or more of the following conditions, “reasonably distributed throughout the district.” (1) “Parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; (2) the property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities, or excessive or vacated railroad rights-of-way; (3) tank facilities, or property whose immediately previous use was for tank facilities…” Our interpretation of the distribution requirement is that the substandard buildings must be reasonably distributed throughout the district as compared to the location of all buildings in the district. For example, if all of the buildings in a district are located on one half of the area of the district, with the other half occupied by parking lots (meeting the required 70 percent coverage for the district), we would evaluate the distribution of the substandard buildings compared with only the half of the district where the buildings are located. If all of the buildings in a district are located evenly throughout the entire area of the district, the Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 5 of 12 Final Report H3, Attachment 6 Council Packet Page Number 224 of 370 substandard buildings must be reasonably distributed throughout the entire area of the district. We believe this is consistent with the opinion expressed by the State of Minnesota Court of Appeals in the Walser Auto Sales, Inc. vs. City of Richfield case filed November 13, 2001. PART 3 – PROCEDURES FOLLOWED LHB inspected one (1) building during the day of April 23, 2015. PART 4 – FINDINGS A. COVERAGE TEST 1. The total square foot area of the parcel in the proposed TIF District was obtained from City records, GIS mapping and site verification. 2. The total square foot area of buildings and site improvements on the parcels in the proposed TIF District was obtained from City records, GIS mapping and site verification. 3. The percentage of coverage for each parcel in the proposed TIF District was computed to determine if the 15 percent minimum requirement was met. The total square footage of parcels meeting the 15 percent requirement was divided into the total square footage of the entire district to determine if the 70 percent requirement was met. FINDING: The proposed TIF District met the coverage test under Minnesota Statutes, Section 469.174, Subdivision 10(e), which resulted in parcels consisting of 95.7 percent of the area of the proposed TIF District being occupied by buildings, streets, utilities, paved or gravel parking lots, or other similar structures (Diagram 2). This exceeds the 70 percent area coverage requirement for the proposed TIF District under Minnesota Statutes, Section 469.174, Subdivision (a) (1). Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 6 of 12 Final Report H3, Attachment 6 Council Packet Page Number 225 of 370 Diagram 2 – Coverage Diagram Shaded area depicts a parcel more than 15 percent occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures B. CONDITION OF BUILDING TEST 1. BUILDING INSPECTION The first step in the evaluation process is the building inspection. After an initial walk- thru, the inspector makes a judgment whether or not a building “appears” to have enough defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. If it does, the inspector documents with notes and photographs code and non- code deficiencies in the building. Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 7 of 12 Final Report H3, Attachment 6 Council Packet Page Number 226 of 370 2. REPLACEMENT COST The second step in evaluating a building to determine if it is substandard to a degree requiring substantial renovation or clearance is to determine its replacement cost. This is the cost of constructing a new structure of the same square footage and type on site. Replacement costs were researched using R.S. Means Cost Works square foot models for 2015. A replacement cost was calculated by first establishing building use (office, retail, residential, etc.), building construction type (wood, concrete, masonry, etc.), and building size to obtain the appropriate median replacement cost, which factors in the costs of construction in Maplewood, Minnesota. Replacement cost includes labor, materials, and the contractor’s overhead and profit. Replacement costs do not include architectural fees, legal fees or other “soft” costs not directly related to construction activities. Replacement cost for each building is tabulated in Appendix A. 3. CODE DEFICIENCIES The next step in evaluating a building is to determine what code deficiencies exist with respect to such building. Code deficiencies are those conditions for a building which are not in compliance with current building codes applicable to new buildings in the State of Minnesota. Minnesota Statutes, Section 469.174, Subdivision 10(c), specifically provides that a building cannot be considered structurally substandard if its code deficiencies are not at least 15 percent of the replacement cost of the building. As a result, it was necessary to determine the extent of code deficiencies for each building in the proposed TIF District. The evaluation was made by reviewing all available information with respect to such buildings contained in City Building Inspection records and making interior and exterior inspections of the buildings. LHB utilizes the current Minnesota State Building Code as the official code for our evaluations. The Minnesota State Building Code is actually a series of provisional codes written specifically for Minnesota only requirements, adoption of several international codes, and amendments to the adopted international codes. After identifying the code deficiencies in each building, we used R.S. Means Cost Works 2015; Unit and Assembly Costs to determine the cost of correcting the identified deficiencies. We were then able to compare the correction costs with the replacement cost of each building to determine if the costs for correcting code deficiencies meet the required 15 percent threshold. FINDING: One (1) out of one (1) buildings (100 percent) in the proposed TIF District contained code deficiencies exceeding the 15 percent threshold required by Minnesota Statutes, Section 469.174, Subdivision 10(c). Building Code, Condition Deficiency and Context Analysis reports for the buildings in the proposed TIF District can be found in Appendix B of this report. Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 8 of 12 Final Report H3, Attachment 6 Council Packet Page Number 227 of 370 4. SYSTEM CONDITION DEFICIENCIES If a building meets the minimum code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), then in order for such building to be “structurally substandard” under Minnesota Statutes, Section 469.174, Subdivision 10(b), the building’s defects or deficiencies should be of sufficient total significance to justify “substantial renovation or clearance.” Based on this definition, LHB re-evaluated each of the buildings that met the code deficiency threshold under Minnesota Statutes, Section 469.174, Subdivision 10(c), to determine if the total deficiencies warranted “substantial renovation or clearance” based on the criteria we outlined above. System condition deficiencies are a measurement of defects or substantial deterioration in site elements, structure, exterior envelope, mechanical and electrical components, fire protection and emergency systems, interior partitions, ceilings, floors and doors. The evaluation of system condition deficiencies was made by reviewing all available information contained in City records, and making interior and exterior inspections of the buildings. LHB only identified system condition deficiencies that were visible upon our inspection of the building or contained in City records. We did not consider the amount of “service life” used up for a particular component unless it was an obvious part of that component’s deficiencies. After identifying the system condition deficiencies in each building, we used our professional judgment to determine if the list of defects or deficiencies is of sufficient total significance to justify “substantial renovation or clearance.” FINDING: In our professional opinion, one (1) out of one (1) building (100 percent) in the proposed TIF District are structurally substandard to a degree requiring substantial renovation or clearance, because of defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. This exceeds the 50 percent requirement of Subdivision 10a(1). C. DISTRIBUTION OF SUBSTANDARD STRUCTURES Much of this report has focused on the condition of individual buildings as they relate to requirements identified by Minnesota Statutes, Section 469.174, Subdivision 10. It is also important to look at the distribution of substandard buildings throughout the geographic area of the proposed TIF District (Diagram 3). Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 9 of 12 Final Report H3, Attachment 6 Council Packet Page Number 228 of 370 FINDING: The parcels with substandard buildings are reasonably distributed compared to all parcels that contain buildings. Diagram 3 – Substandard Buildings Shaded green area depicts parcels with buildings. Shaded orange area depicts substandard buildings. Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 10 of 12 Final Report H3, Attachment 6 Council Packet Page Number 229 of 370 PART 5 - TEAM CREDENTIALS Michael A. Fischer, AIA, LEED AP - Project Principal/TIF Analyst Michael has 28 years of experience as project principal, project manager, project designer and project architect on planning, urban design, educational, commercial and governmental projects. He has become an expert on Tax Increment Finance District analysis assisting over 100 cities with strategic planning for TIF Districts. He is a Senior Vice President at LHB and currently leads the Minneapolis office. Michael completed a two-year Bush Fellowship, studying at MIT and Harvard in 1999, earning Masters degrees in City Planning and Real Estate Development from MIT. He has served on more than 50 committees, boards and community task forces, including a term as a City Council President and as Chair of a Metropolitan Planning Organization. Most recently, he served as Chair of the Edina, Minnesota planning commission. Michael has also managed and designed several award- winning architectural projects, and was one of four architects in the Country to receive the AIA Young Architects Citation in 1997. Philip Waugh – Project Manager/TIF Analyst Philip is a project manager with 13 years of experience in historic preservation, building investigations, material research, and construction methods. He previously worked as a historic preservationist and also served as the preservation specialist at the St. Paul Heritage Preservation Commission. Currently, Phil sits on the Board of Directors for the Preservation Alliance of Minnesota. His current responsibilities include project management of historic preservation projects, performing building condition surveys and analysis, TIF analysis, writing preservation specifications, historic design reviews, writing Historic Preservation Tax Credit applications, preservation planning, and grant writing. Phil Fisher – Inspector For 35 years, Phil Fisher worked in the field of Building Operations in Minnesota including White Bear Lake Area Schools. At the University of Minnesota he earned his Bachelor of Science in Industrial Technology. He is a Certified Playground Safety Inspector, Certified Plant Engineer, and is trained in Minnesota Enterprise Real Properties (MERP) Facility Condition Assessment (FCA). His FCA training was recently applied to the Minnesota Department of Natural Resources Facilities Condition Assessment project involving over 2,000 buildings. M:\15Proj\150272\400 Design\406 Reports\Final Report\150272 20150511 Maplewood 1955 English Street Redevelopment TIF Report.docx Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 11 of 12 Final Report H3, Attachment 6 Council Packet Page Number 230 of 370 APPENDICES APPENDIX A Property Condition Assessment Summary Sheet APPENDIX B Building Code and Condition Deficiencies Reports APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 12 of 12 Final Report H3, Attachment 6 Council Packet Page Number 231 of 370 APPENDIX A Property Condition Assessment Summary Sheet H3, Attachment 6 Council Packet Page Number 232 of 370 Maplewood 1955 English Street Redevelopment TIF DistrictProperty Condition Assessment Summary SheetTIF Map No.PID # Property AddressImproved or VacantSurvey Method UsedSite Area(S.F.)Coverage Area of Improvements(S.F.)Coverage Percent of ImprovementsCoverageQuantity(S.F.)No. of BuildingsBuildingReplacementCost15% of Replacement CostBuilding Code DeficienciesNo. of Buildings Exceeding 15% CriteriaNo. of buildings determined substandardA 162922140077 1955 English St N Improved Interior/Exterior 133,729126,03794.2%133,7291$5,836,370 $875,456 $1,672,84611B 162922140086 0 Atlantic St NVacant Exterior 5,22700.0%0$00C 162922140085 0 Atlantic St NVacant Exterior 5,22700.0%0$00D 162922140081 0 Frost Ave E Improved Exterior 27,0079,81936.4%27,007$00E 162922140080 0 Frost Ave E Improved Exterior 6,5345,11278.2%6,534$00F 162922140079 0 Frost Ave E Improved Exterior 8,2768,276100.0%8,276$00G 162922140099 1291 Frost Ave E Improved Exterior 13,93912,69191.0%13,939$00H 162922140070 0 English St N Improved Exterior 10,89010,36095.1%10,890$00I 162922140071 0 English St N Improved Exterior 5,2275,227100.0%5,227$00J 162922140072 0 English St N Improved Exterior 5,2274,89493.6%5,227$00K 162922140073 0 English St N Improved Exterior 5,2274,87693.3%5,227$00L 162922140074 0 English St N Improved Exterior 16,11715,27994.8%16,117$00TOTALS 242,629232,175 1 1195.7% 100.0%M:\15Proj\150272\400 Design\406 Reports\Final Report\[150272 20150506 Maplewood 1955 English Street Redevelopment TIF Summary Spreadsheet.xlsx]Property Info100.0%Total Coverage Percent:Percent of buildings exceeding 15 percent code deficiency threshold: Percent of buildings determined substandard: Maplewood 1955 English Street Redevelopment TIF DistrictLHB Project Number 150272Page 1 of 1Property Condition Assessment Summary SheetH3, Attachment 6 Council Packet Page Number 233 of 370 APPENDIX B Building Code, Condition Deficiency and Context Analysis Reports H3, Attachment 6 Council Packet Page Number 234 of 370 Maplewood 1955 English Street Redevelopment TIF District Building Code, Condition Deficiency and Context Analysis Report April 29, 2015 Map No. & Address: Map A - 1955 English Street, Maplewood, MN 55109 Inspection Date(s) & Time(s): April 23, 2015 10:00 am Inspection Type: Interior and Exterior Summary of Deficiencies: It is our professional opinion that this building is Substandard because: - Substantial renovation is required to correct Conditions found. - Building Code deficiencies total more than 15% of replacement cost, NOT including energy code deficiencies. Estimated Replacement Cost: $ 5,836,370 Estimated Cost to Correct Building Code Deficiencies: $ 1,672,846 Percentage of Replacement Cost for Building Code Deficiencies: 28.7% Defects in Structural Elements 1. Significant vertical crack on southeast corner of building indicative of differential settlement. 2. CMU damaged and or missing on west and north sides of building. Combination of Deficiencies 1. Essential Utilities and Facilities a. Water has been turned off to the building due to missing copper pipe. b. Electricity has been turned off to the building because copper wire is missing. c. Compliant accessibility to bowling lanes is lacking. d. Compliant accessibility to basement entertainment area is lacking. e. Compliant water fountain is missing. f. Compliant access within all work areas is lacking. 2. Light and Ventilation a. Ventilation system is damaged by vandals and is non-functional. 3. Fire Protection/Adequate Egress a. Fire sprinkler system has frozen. It is in need of repair or replacement. b. Fire alarm system is non-functional. c. Stair railing is missing from south side of west stairs to basement and does not extend beyond steps. d. Kick plates are missing on the exterior glass doors. e. Door hardware is non-compliant. f. Emergency exit doors are non-compliant because there is no level exiting surface. Maplewood 1955 English Street Redevelopment TIF District Building Report LHB Project No. 150272 Page 1 of 2 Map A H3, Attachment 6 Council Packet Page Number 235 of 370 4. Layout and Condition of Interior Partitions/Materials a. Carpet is torn and/or missing impeding emergency egress. b. Vinyl floor tile is damaged and/or missing impeding emergency egress. c. Ceiling tile is missing and/or damaged. d. Interior walls need to be painted. e. Interior doors need to be refinished. f. Interior wall partitions need to be re-secured. g. Mold present on interior kitchen surfaces. h. Restroom walls and floors need to be re-grouted. 5. Exterior Construction a. Exterior CMU is damaged and/or missing allowing water intrusion. b. Exterior surfaces need to be painted to prevent water intrusion. c. Roof is leaking as evidenced by stained ceiling tile and puddles on the floor. d. Exterior CMU needs to be painted. e. Exterior wood siding needs painting. f. Exterior downspouts are rusted and need to be secured. Description of Code Deficiencies 1. Tuck point and repair exterior block to prevent water intrusion. 2. Provide adequate water supply for fire and life safety system. 3. Replace all electrical wiring and electrical panels in order to provide adequate illuminated egress. 4. At least one accessible route shall connect each accessible story in multi-level buildings and facilities. 5. Building lacks an accessible drinking fountain. 6. Building lacks code compliant ventilation system. 7. Replace all sprinkler pipe and heads that were frozen for fire and life safety. 8. Provide a reliable means to notify the occupants of the presence of a threatening fire and the need to escape. 9. Replace door hardware with accessible code compliant hardware. 10. Railing shall be on both sides of stairs. 11. Aluminum and glass doors lack required 10 inch high kick plate. 12. Flooring needs to be securely installed to create a slip resistant pathway to egress. 13. Replace roof to prevent water intrusion. 14. West and North emergency exit doors have non-compliant steps down to landing. Overview of Deficiencies This 1961 building was originally built as a bowling alley but has been vacant for some time. All of the bowling lanes and associated equipment have been removed. Staff has indicated that vandalism has occurred to the roof top mechanical units and to the interior copper pipe and wiring. Water damage from the roof is evident by the number of stained and collapsed ceiling tiles and puddles on the floor. Staff has indicated that the building fire suppression system froze when there was no heat to the building. There is no accessible route from the ground level to the bowling level or to the basement entertainment level. Maplewood 1955 English Street Redevelopment TIF District Building Report LHB Project No. 150272 Page 2 of 2 Map A H3, Attachment 6 Council Packet Page Number 236 of 370 APPENDIX C Building Replacement Cost Reports Code Deficiency Cost Reports Photographs H3, Attachment 6 Council Packet Page Number 237 of 370 Maplewood 1955 English Street Redevelopment TIF District Replacement Cost Report Maplewood Bowl City of Maplewood 1955 English Street, Maplewood, Minnesota 55109 Building Type: Bowling Alley with Concrete Block / Steel Roof Deck Location:MAPLEWOOD, MN Story Count:1 Story Height (L.F.):14 Floor Area (S.F.):42,140 grade level + 7,768 basement Labor Type:STD Basement Included:Yes Data Release:Year 2015 Quarter 1 Cost Per Square Foot:$125.76 Building Cost:$5,836,370.00 % of Total Cost Per S.F. Cost 9.94% 18.64 527,545.40 A1010 Standard Foundations 2.83 141,136.55 0.78 39,066.65 2.05 102,069.90 A1030 Slab on Grade 6.26 312,224.45 6.26 312,224.45 A2010 Basement Excavation 4.52 35,111.36 4.52 35,111.36 A2020 Basement Walls 5.03 39,073.04 5.03 39,073.04 41.68% 44.31 2,211,521.59 B1010 Floor Construction 20.97 1,046,199.97 4.92 245,396.66 16.05 800,803.31 B1020 Roof Construction 10.40 518,871.51 9.97 497,587.25 0.43 21,284.26 B2010 Exterior Walls 3.42 170,569.82 3.42 170,569.82 B2020 Exterior Windows 2.21 110,526.86 2.21 110,526.86 Estimate Name: Costs are derived from a building model with basic components. Scope differences and market conditions can cause costs to vary significantly. A Substructure Strip footing, concrete, reinforced, load 11.1 KLF, soil bearing capacity 6 KSF, 12" deep x 24" wide Spread footings, 3000 PSI concrete, load 100K, soil bearing capacity 6 KSF, 4' - 6" square x 15" deep Slab on grade, 4" thick, non industrial, reinforced Excavate and fill, 10,000 SF, 8' deep, sand, gravel, or common earth, on site storage @ 7,768 SqFt Foundation wall, CIP, 12' wall height, pumped, .444 CY/LF, 21.59 PLF, 12" thick @ 7,768 SqFt B Shell Cast-in-place concrete column, 12" square, tied, 200K load, 12' story height, 142 lbs/LF, 4000PSI Flat slab, concrete, with drop panels, 6" slab/2.5" panel, 12" column, 15'x15' bay, 75 PSF superimposed load, 153 PSF total load Roof, steel joists, joist girder, 1.5" 22 ga metal deck, on columns/bearing wall, 45'x50' bay, 40 PSF superimposed load, 52.5" deep, 61 PSF total loadRoof, steel joists, joist girder, 1.5" 22 ga metal deck, on columns/bearing wall, 45'x50' bay, 40 PSF superimposed load, 52.5" deep, 61 PSF total load, add for column Concrete block (CMU) wall, regular weight, 75% solid, 8 x 8 x 16, 4500 PSI, reinforced, vertical #5@32", grouted Windows, steel, horizontal pivoted, standard glass, 6' x 4' Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 1 of 3 Replacement Cost Report Map A H3, Attachment 6 Council Packet Page Number 238 of 370 B2030 Exterior Doors 0.69 34,499.41 0.28 13,796.07 0.41 20,703.34 B3010 Roof Coverings 6.55 327,352.58 3.62 180,637.02 2.32 115,799.04 0.51 25,681.02 0.1 5,235.50 B3020 Roof Openings 0.07 3,501.44 0.02 1,022.71 0.05 2,478.73 7.97%8.45 422,753.49 C1010 Partitions 2.51 125,494.76 2.51 125,494.76 C1020 Interior Doors 1.23 61,457.71 1.23 61,457.71 C3010 Wall Finishes 2.47 123,533.22 0.86 42,934.79 0.89 44,523.73 0.72 36,074.70 C3020 Floor Finishes 0.69 34,696.17 0.32 16,140.25 0.37 18,555.92 C3030 Ceiling Finishes 1.55 77,571.63 1.55 77,571.63 35.70% 37.93 1,894,430.43 D2010 Plumbing Fixtures 1.67 83,399.95 0.78 39,158.99 0.13 6,405.44 0.62 30,745.03 0.14 7,090.49 D2020 Domestic Water Distribution 0.10 5,034.03 0.1 5,034.03 D2040 Rain Water Drainage 0.30 14,991.78 0.27 13,519.49 0.03 1,472.29 D3050 Terminal & Package Units 16.29 813,183.48 16.29 813,183.48 D4010 Sprinklers 3.89 194,198.52 3.89 194,198.52 Door, aluminum & glass, without transom, narrow stile, double door, hardware, 6'-0" x 7'-0" opening Door, steel 18 gauge, hollow metal, 1 door with frame, no label, 3'-0" x 7'-0" opening Roofing, asphalt flood coat, gravel, base sheet, 3 plies 15# asphalt felt, mopped Insulation, rigid, roof deck, composite with 2" EPS, 1" perlite Roof edges, aluminum, duranodic, .050" thick, 6" face Flashing, aluminum, no backing sides, .019" Roof hatch, with curb, 1" fiberglass insulation, 2'-6" x 3'-0", galvanized steel, 165 lbs Smoke hatch, unlabeled, galvanized, 2'-6" x 3', not incl hand winch operator C Interiors Concrete block (CMU) partition, light weight, hollow, 8" thick, no finish Door, single leaf, kd steel frame, hollow metal, commercial quality, flush, 3'-0" x 7'-0" x 1-3/8" 2 coats paint on masonry with block filler Painting, masonry or concrete, latex, brushwork, primer & 2 coatsPainting, masonry or concrete, latex, brushwork, addition for block filler Vinyl, composition tile, minimum Vinyl, composition tile, maximum Acoustic ceilings, 3/4" fiberglass board, 24" x 48" tile, tee grid, suspended support D Services Water closet, vitreous china, bowl only with flush valve, wall hung Urinal, vitreous china, wall hung Lavatory w/trim, wall hung, PE on CI, 18" x 15" Water cooler, electric, wall hung, wheelchair type, 7.5 GPH Gas fired water heater, residential, 100< F rise, 30 gal tank, 32 GPH Roof drain, DWV PVC, 4" diam, diam, 10' high Roof drain, DWV PVC, 4" diam, for each additional foot add Rooftop, single zone, air conditioner, bowling alleys, 10,000 SF, 56.67 ton Wet pipe sprinkler systems, steel, light hazard, 1 floor, 10,000 SF Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 2 of 3 Replacement Cost Report Map A H3, Attachment 6 Council Packet Page Number 239 of 370 D4020 Standpipes 0.62 31,191.90 0.62 31,191.90 D5010 Electrical Service/Distribution 1.00 50,369.95 0.28 14,216.33 0.34 16,991.59 0.38 19,162.03 D5020 Lighting and Branch Wiring 12.49 623,616.42 2.09 104,180.45 0.17 8,451.92 1.18 59,074.10 9.05 451,909.95 D5030 Communications and Security 1.49 74,352.56 1.16 57,792.90 0.33 16,559.66 D5090 Other Electrical Systems 0.08 4,091.84 0.08 4,091.84 4.70%5.00 249,540.00 E1090 Other Equipment - Food Service 5.00 249,540.00 0%0 0 0%0 0 100% $114.33 $5,305,790.91 10.00% $11.43 $530,579.09 0.00% $0.00 $0.00 0.00% $0.00 $0.00 $125.76 $5,836,370.00 Wet standpipe risers, class III, steel, black, sch 40, 4" diam pipe, 1 floor Overhead service installation, includes breakers, metering, 20' conduit & wire, 3 phase, 4 wire, 120/208 V, 800 A Feeder installation 600 V, including RGS conduit and XHHW wire, 800 A Switchgear installation, incl switchboard, panels & circuit breaker, 120/208 V, 800 A Contractor Fees (General Conditions,Overhead,Profit) Receptacles incl plate, box, conduit, wire, 2.5 per 1000 SF, .3 watts per SF Miscellaneous power, to .5 watts Central air conditioning power, 8 watts Fluorescent fixtures recess mounted in ceiling, 2.4 watt per SF, 60 FC, 15 fixtures @ 32 watt per 1000 SF Communication and alarm systems, fire detection, addressable, 25 detectors, includes outlets, boxes, conduit and wire Fire alarm command center, addressable without voice, excl. wire & conduit Architectural Fees User Fees Total Building Cost Generator sets, w/battery, charger, muffler and transfer switch, gas/gasoline operated, 3 phase, 4 wire, 277/480 V, 7.5 kW E Equipment & Furnishings F Special Construction G Building Sitework SubTotal Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 3 of 3 Replacement Cost Report Map A H3, Attachment 6 Council Packet Page Number 240 of 370 Maplewood 1955 English Street Redevelopment TIF District Code Deficiency Cost Report Map A - 1955 English Street Maplewood, MN 55109 PID 162922140077 Code Related Cost Items Unit Cost Units Unit Quantity Total Accessibility Items Restrooms Install furnishings and fixtures for accessible restrooms 25,000.00$ Ea 2 50,000.00$ Stairs Install compliant handrails on all stairs 500.00$ Ea 2 1,000.00$ Door Hardware Install compliant hardware on interior doors 200.00$ Ea 25 5,000.00$ Install 10 inch kick plate on exterior glass doors 100.00$ Ea 10 1,000.00$ Elevator Install accessible route to basement entertainment 100,000.00$ Ea 1 100,000.00$ center (elevator) Install accessible route to bowling level (lift)25,000.00$ Ea 1 25,000.00$ Structural Elements Exiting Flooring Replace torn carpeting for emergency egress compliance 3.00$ Sf 5,000 15,000.00$ Replace damaged VCT for emergency egress compliance 1.50$ Sf 5,000 7,500.00$ Stoops Raise stoops level with exterior thresholds per code 500.00$ Ea 4 2,000.00$ Fire Protection Sprinkler system Replace damaged sprinkler pipe and heads 3.89$ SF 49,908 194,142.12$ Alarm system Install compliant fire alarm system 0.33$ SF 49,908 16,469.64$ Exterior Construction Exterior Walls Tuck point and repair exterior CMU walls to prevent 15,000.00$ Lump 1 15,000.00$ water intrusion Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 1 of 2 Code Deficiency Cost Report Map A H3, Attachment 6 Council Packet Page Number 241 of 370 Maplewood 1955 English Street Redevelopment TIF District Code Deficiency Cost Report Map A - 1955 English Street Maplewood, MN 55109 PID 162922140077 Code Related Cost Items Unit Cost Units Unit Quantity Total Roof Construction Roofing Remove all degraded roofing material and flashing 0.90$ SF 42,140 37,926.00$ Install new roofing material and flashing to prevent 6.55$ SF 42,140 276,017.00$ water intrusion Plumbing Install domestic water distribution system and 0.78$ SF 49,908 38,928.24$ drinking fountain Electrical Install branch wiring for lighting 1.25$ SF 49,908 62,385.00$ Upgrade electrical service for new ventilation system 0.25$ SF 49,908 12,477.00$ Heating Ventilating and Air Conditioning Replace vandalized ventilation system 16.29$ SF 49,908 813,001.32$ Total Code Improvements 1,672,846.32$ Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Page 2 of 2 Code Deficiency Cost Report Map A H3, Attachment 6 Council Packet Page Number 242 of 370 Maplewood 1955 English Street Redevelopment TIF District Map A, 1955 English Street North Photos Page 1 of 6 P1030029.JPG P1030030.JPG P1030031.JPG P1030032.JPG P1030033.JPG P1030034.JPG P1030035.JPG P1030036.JPG P1030037.JPG P1030038.JPG P1030039.JPG P1030040.JPG H3, Attachment 6 Council Packet Page Number 243 of 370 Page 2 of 6Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Photos Map A P1030041.JPG P1030043.JPG P1030044.JPG P1030045.JPG P1030046.JPG P1030047.JPG P1030048.JPG P1030049.JPG P1030050.JPG P1030051.JPG P1030052.JPG P1030053.JPG H3, Attachment 6 Council Packet Page Number 244 of 370 Page 3 of 6Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Photos Map A P1030054.JPG P1030055.JPG P1030056.JPG P1030057.JPG P1030059.JPG P1030060.JPG P1030061.JPG P1030062.JPG P1030063.JPG P1030067.JPG P1030068.JPG P1030069.JPG H3, Attachment 6 Council Packet Page Number 245 of 370 Page 4 of 6Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Photos Map A P1030070.JPG P1030071.JPG P1030072.JPG P1030073.JPG P1030074.JPG P1030075.JPG P1030076.JPG P1030077.JPG P1030078.JPG P1030079.JPG P1030080.JPG P1030081.JPG H3, Attachment 6 Council Packet Page Number 246 of 370 Page 5 of 6Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Photos Map A P1030082.JPG P1030083.JPG P1030084.JPG P1030085.JPG P1030086.JPG P1030087.JPG P1030088.JPG P1030089.JPG P1030090.JPG P1030091.JPG P1030092.JPG P1030093.JPG H3, Attachment 6 Council Packet Page Number 247 of 370 Page 6 of 6Maplewood 1955 English Street Redevelopment TIF District LHB Project No. 150272 Photos Map A P1030094.JPG P1030095.JPG P1030096.JPG P1030097.JPG P1030098.JPG P1030099.JPG P1030100.JPG P1030101.JPG P1030102.JPG P1030103.JPG P1030104.JPG P1030105.JPG H3, Attachment 6 Council Packet Page Number 248 of 370 7096643v1 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MAPLEWOOD, MINNESOTA AND MAPLEWOOD APARTMENTS LIMITED PARTNERSHIP This document drafted by: BRIGGS AND MORGAN Professional Association 2200 First National Bank Building St. Paul, Minnesota 55101 H3, Attachment 7 Council Packet Page Number 249 of 370 7096643v1 i TABLE OF CONTENTS Page ARTICLE I DEFINITIONS ................................................................................................. 2 Section 1.1 Definitions............................................................................................ 2 ARTICLE II REPRESENTATIONS AND WARRANTIES................................................ 5 Section 2.1 Representations and Warranties of the City ......................................... 5 Section 2.2 Representations and Warranties of the Developer ............................... 5 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY ....................................... 7 Section 3.1 Project, Land Acquisition and Site Improvements .............................. 7 Section 3.2 Reimbursement: TIF Note ................................................................... 7 Section 3.3 Execution of Assessment Agreement; Market Value .......................... 8 Section 3.4 Real Property Taxes ............................................................................. 9 Section 3.5 Prevailing Wage ................................................................................... 9 ARTICLE IV EVENTS OF DEFAULT ............................................................................... 10 Section 4.1 Events of Default Defined ................................................................. 10 Section 4.2 Remedies on Default .......................................................................... 10 Section 4.3 No Remedy Exclusive........................................................................ 11 Section 4.4 No Implied Waiver ............................................................................ 11 Section 4.5 Agreement to Pay Attorney's Fees and Expenses .............................. 11 Section 4.6 Indemnification of City ...................................................................... 11 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT ..................... 13 Section 5.1 The Developer's Option to Terminate ................................................ 13 Section 5.2 Action to Terminate ........................................................................... 13 Section 5.3 Additional Right to Terminate ........................................................... 13 Section 5.4 Effect of Termination ......................................................................... 13 ARTICLE VI ADDITIONAL PROVISIONS ...................................................................... 14 Section 6.1 Restrictions on Use ............................................................................ 14 Section 6.2 Conflicts of Interest............................................................................ 14 Section 6.3 Titles of Articles and Sections ........................................................... 14 Section 6.4 Notices and Demands ........................................................................ 14 Section 6.5 Counterparts ....................................................................................... 14 Section 6.6 Law Governing .................................................................................. 15 Section 6.7 Expiration ........................................................................................... 15 Section 6.8 Provisions Surviving Rescission or Expiration.................................. 15 Section 6.9 Assignment of Agreement and Note .................................................. 15 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY ............................ A-1 EXHIBIT B FORM OF TIF NOTE ........................................................................................... B-1 EXHIBIT C SITE IMPROVEMENTS ...................................................................................... C-1 EXHIBIT D FORM OF ASSESSMENT AGREEMENT ......................................................... D-1 H3, Attachment 7 Council Packet Page Number 250 of 370 7096643v1 DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the _____ day of _________, 2015, by and between the City of Maplewood, Minnesota (the "City"), a municipal corporation organized and existing under the laws of the State of Minnesota and Maplewood Apartments Limited Partnership, a Minnesota limited partnership (the "Developer"), WITNESSETH: WHEREAS, pursuant to Minnesota Statutes, Section 469.124 through 469.133, as amended, the City has formed Development District No. 1 (the "Development District") and has adopted a development program therefor (the "Development Program"); and WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through 469.1799, as amended, (hereinafter the "Tax Increment Act"), the City has created, within the Development District, Tax Increment Financing District No. 1-13 (the "Tax Increment District") and adopted a tax increment financing plan, dated May 26, 2015 (the "Tax Increment Plan") therefor, which together with this Agreement provides for the use of tax increment financing derived from all development occurring within the Tax Increment District for the Project (as hereinafter defined) to be undertaken by the Developer; and WHEREAS, in order to achieve the objectives of the Development Program and particularly to make the land in the Development District available for development by private enterprise in conformance with the Development Program, the City has determined to assist the Developer with the financing of certain costs of a Project as hereinafter defined to be constructed within the Tax Increment District as more particularly set forth in this Agreement; and WHEREAS, the City believes that the development and construction of the Project, and fulfillment of this Agreement are vital and are in the best interests of the City, the health, safety, morals and welfare of residents of the City, and in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and WHEREAS, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, do not apply to this Agreement pursuant to an exemption for housing. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: H3, Attachment 7 Council Packet Page Number 251 of 370 7096643v1 2 ARTICLE I DEFINITIONS Section 1.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context: Agreement means this Agreement, as the same may be from time to time modified, amended or supplemented; Assessment Agreement means the agreement, in substantially the form of the agreement contained in Exhibit D attached hereto and hereby made a part of this Agreement, among the Developer, the City and the Assessor for the County, entered into pursuant to Article III of this Agreement; Assessor's Minimum Market Value means the agreed minimum market value of the Development Property and for calculation of real property taxes as determined by the Assessor for the County pursuant to the Assessment Agreement; Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close; City means the City of Maplewood, Minnesota; City Development Agreement means the Development Agreement for the Villages at Frost and English Developer Project 14-21 Associated City Project 14-01 dated _____________, 2015, as the same may be from time to time modified; Construction Plans means the plans, specifications, drawings and related documents of the construction work to be performed by the Developer on the Project and the Development Property and the plans (a) shall be as detailed as the plans, specifications drawings and related documents which are submitted to the building inspector of the City, and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) cross sections of each (length and width); (6) elevations (all sides); (7) grading and drainage; and (8) landscape; County means Ramsey County, Minnesota; Developer means Maplewood Apartments Limited Partnership, its successors and assigns; Development District means Development District No. 1, including the real property described in the Development Program; Development Program means the development program approved in connection with the Development District; H3, Attachment 7 Council Packet Page Number 252 of 370 7096643v1 3 Development Property means the real property legally described in Exhibit A attached to this Agreement; Event of Default means any of the events described in Section 4.1 hereof; Legal and Administrative Expenses means the fees or expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Increment District; Note Payment Date means August 1, 2018, and each August 1 and February 1 of each year thereafter to and including February 1, 2044; provided, that if any such Note Payment Date should not be a Business Day, the Note Payment Date shall be the next succeeding Business Day; Prime Rate means the rate of interest from time to time publicly announced by U.S. Bank National Association in Minneapolis, Minnesota, as its "reference rate" or any successor rate, which rate shall change as and when that prime rate or successor rate changes; Project means the construction of an approximately 50-unit multifamily rental housing facility to be located on the Development Property; Site Improvements means the site improvements undertaken or to be undertaken on the Development Property, more particularly described on Exhibit C attached hereto; State means the State of Minnesota; Tax Increments means 83% of the tax increments derived from the Development Property which have been received and retained by the City in accordance with the provisions of Minnesota Statutes, Section 469.177; Tax Increment Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended; Tax Increment District means Tax Increment Financing District No. 1-13 located within the Development District, a description of which is set forth in the Tax Increment Financing Plan, which was qualified as a redevelopment district under the Tax Increment Act; Tax Increment Financing Plan means the tax increment financing plan approved for the Tax Increment District by the City Council on May 26, 2015; Termination Date means the earlier of (i) February 1, 2044, (ii) the date the TIF Note is paid in full, (iii) the date on which the Tax Increment District expires or is otherwise terminated, or (iv) the date this Agreement is terminated or rescinded in accordance with its terms; TIF Note means the Tax Increment Revenue Note (Maplewood Apartments Limited Partnership Housing Project) to be executed by the City and delivered to the Developer pursuant to Article III hereof, a copy of which is attached hereto as Exhibit B. H3, Attachment 7 Council Packet Page Number 253 of 370 7096643v1 4 Unavoidable Delays means delays, outside the control of the party claiming its occurrence, which are the direct result of strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays. H3, Attachment 7 Council Packet Page Number 254 of 370 7096643v1 5 ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.1 Representations and Warranties of the City. The City makes the following representations and warranties: (1) The City is a municipal corporation and has the power to enter into this Agreement and carry out its obligations hereunder. (2) The Tax Increment District is a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, and was created, adopted and approved in accordance with the terms of the Tax Increment Act. (3) The development contemplated by this Agreement is in conformance with the development objectives set forth in the Development Program. (4) To finance certain costs within the Tax Increment District, the City proposes, subject to the further provisions of this Agreement, to apply Tax Increments to reimburse the Developer for a portion of the costs of the Development Property and Site Improvements incurred in connection with the Project as further provided in this Agreement. (5) The City makes no representation or warranty, either expressed or implied, as to the Development Property or its condition or the soil conditions thereon, or that the Development Property shall be suitable for the Developer' purposes or needs. Section 2.2 Representations and Warranties of the Developer. The Developer makes the following representations and warranties: (1) The Developer is a Minnesota limited partnership, has power to enter into this Agreement and to perform its obligations hereunder and, by doing so, is not in violation of any provisions of its certificate of limited partnership, partnership agreement, or the laws of the State. (2) The Developer shall cause the Project to be installed in accordance with the terms of this Agreement, the Development Program, the City Development Agreement, and all applicable local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). (3) The construction of the Project would not be undertaken by the Developer, and in the opinion of the Developer the Project would not have been or be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Developer provided for in this Agreement. (4) The Developer will obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the balance of the Project may be lawfully constructed. H3, Attachment 7 Council Packet Page Number 255 of 370 7096643v1 6 (5) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Developer is now a party or by which it is bound, or constitutes a default under any of the foregoing. (6) The Developer will cooperate fully with the City with respect to any litigation commenced with respect to the Project. (7) The Developer will cooperate fully with the City in resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project. (8) The construction of the Project shall commence no later than___________, 2015 and barring Unavoidable Delays, the Project will be substantially completed by_____________ , 2016. (9) The Developer acknowledges that Tax Increment projections contained in the Tax Increment Financing Plan are estimates only and the Developer acknowledges that it shall place no reliance on the amount of projected Tax Increments and the sufficiency of such Tax Increments to reimburse the Developer for a portion of the costs of the Site Improvements as provided in Article III. H3, Attachment 7 Council Packet Page Number 256 of 370 7096643v1 7 ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY Section 3.1 Project, Land Acquisition and Site Improvements. The parties agree that the acquisition of the Development Property and the Site Improvements to be constructed by the Developer are essential to the successful completion of the Project. The costs of the Development Property and the construction of Site Improvements shall be paid by the Developer. The City shall reimburse the Developer for the lesser of $620,600 or costs of the Development Property and the construction of Site Improvements actually incurred and paid by the Developer (the "Reimbursement Amount"), as further provided in Section 3.2 hereof. Within 30 days of a request from the City, the Developer shall pay all Legal and Administrative Expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Increment District. Section 3.2 Reimbursement: TIF Note. The City shall reimburse the payments made by the Developer under Section 3.1 for costs of the Development Property and the construction of Site Improvements through the issuance of the City's TIF Note in substantially the form attached to this Agreement as Exhibit B, subject to the following conditions: (1) The TIF Note shall be dated, issued and delivered when the Developer shall have demonstrated in writing to the reasonable satisfaction of the City that the construction of the Site Improvements has been completed and that the Developer has incurred and paid all costs of the Development Property and the construction of Site Improvements, as described in and limited by Section 3.1 and shall have submitted a settlement statement for the Development Property paid invoices for the costs of construction of the Site Improvements in an amount not less than the Reimbursement Amount. (2) The unpaid principal amount of the TIF Note shall bear simple, non-compounding interest from the date of issuance of the TIF Note, at 5.00% per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30-day months. The principal amount of the TIF Note and the interest thereon shall be payable solely from the Tax Increments. (3) The payment dates of the TIF Note shall be the Note Payment Dates. On each Note Payment Date and subject to the provisions of the TIF Note and Section 3.3, the City shall pay, against the principal and interest outstanding on the TIF Note, the Tax Increments received by the City during the preceding six months. All such payments shall be applied first to accrued interest and then to reduce the principal of the TIF Note. (4) The TIF Note shall be a special and limited obligation of the City and not a general obligation of the City, and only Tax Increments shall be used to pay the principal of and interest on the TIF Note. If, on any Note Payment Date, the Tax Increments for the payment of the accrued and unpaid interest on the TIF Note are insufficient for such purposes, the difference shall be carried forward, without interest accruing thereon, and shall be paid if and to the extent that on a future Note Payment Date there are Tax Increments in excess of the amounts needed to pay the accrued interest then due on the TIF Note. H3, Attachment 7 Council Packet Page Number 257 of 370 7096643v1 8 (5) The City's obligation to make payments on the TIF Note on any Note Payment Date or any date thereafter shall be conditioned upon the requirement that (A) there shall not at that time be an Event of Default that has occurred and is continuing under this Agreement and (B) this Agreement shall not have been suspended or rescinded pursuant to Section 4.2. (6) The TIF Note shall be governed by and payable pursuant to the additional terms thereof, as set forth in Exhibit B. In the event of any conflict between the terms of the TIF Note and the terms of this Section 3.2, the terms of the TIF Note shall govern. The issuance of the TIF Note pursuant and subject to the terms of this Agreement, and the taking by the City of such additional actions as bond counsel for the TIF Note may require in connection therewith, are hereby authorized and approved by the City. Section 3.3 Execution of Assessment Agreement; Market Value. (1) Simultaneously with the execution of this Agreement, the Developer and the City shall execute an Assessment Agreement pursuant to the provisions of Minnesota Statutes, Section 469.177, Subdivision 8, specifying the Assessor's Minimum Market Value for the Development Property and the Project for calculation of real property taxes. Specifically, the Developer shall agree to a market value for the Development Property and the Project which will result in a market value as of January 2, 2017 of not less than $_________ until the Termination Date (such minimum market value at the time applicable is herein referred to as the "Assessor's Minimum Market Value"). Nothing in the Assessment Agreement shall limit the discretion of the Assessor to assign a market value to the property in excess of such Assessor's Minimum Market Value nor prohibit the Developer from seeking through the exercise of legal or administrative remedies a reduction in such market value for property tax purposes, provided however, that the Developer shall not seek a reduction of such market value below the Assessor's Minimum Market Value in any year so long as the Assessment Agreement shall remain in effect. The Assessment Agreement shall remain in effect until the Termination Date. The Assessment Agreement shall be certified by the Assessor for the County as provided in Minnesota Statutes, Section 469.177, Subdivision 8, upon a finding by the Assessor that the Assessor's Minimum Market Value represents a reasonable estimate based upon the plans and specifications for the Project to be constructed on the Development Property and the market value previously assigned to the Development Property. Pursuant to Minnesota Statutes, Section 469.177, Subdivision 8, the Assessment Agreement shall be filed for record in the office of the county recorder or registrar of titles of the County, and such filing shall constitute notice to any subsequent encumbrancer or purchaser of the Development Property (or part thereof), whether voluntary or involuntary, and such Assessment Agreement shall be binding and enforceable in its entirety against any such subsequent purchaser or encumbrancer, including the holder of any mortgage recorded against the Development Property. (2) Notwithstanding the previous paragraph, the Developer will not seek a reduction in the Market Value (as defined in Minnesota Statutes, Section 273.02) for the tax collection years of 2038 through 2043. In the event that the Developer obtains a reduction in Market Value that results in the City having to make a payment to the County (the "County Payment") for the tax collection years of 2018 through 2037, the Developer agrees that: H3, Attachment 7 Council Packet Page Number 258 of 370 7096643v1 9 (A) If the TIF Note remains outstanding, the next Tax Increments to be paid to the Developer shall be reduced by the County Payment, and (B) If the TIF Note is no longer outstanding, Developer shall pay the amount of the County Payment to the City within thirty (30) days after written notice from the City as to the amount of the County Payment. Section 3.4 Real Property Taxes. Prior to the Termination Date, the Developer shall pay all real property taxes payable with respect to all and any parts of the Development Property acquired and owned by it and pursuant to the provisions of the Assessment Agreement until the Developer's obligations have been assumed by any other person pursuant to the provisions of this Agreement or title to the Development Property is vested in another person. The Developer agrees that prior to the Termination Date: (1) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Development Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (2) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Development Property determined by any tax official to be applicable to the Project or the Developer or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings with respect to the Development Property; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; (3) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.1813, or any other State or federal law, of the ad valorem property taxation of the Development Property between the date of execution of this Agreement and the Termination Date. Notwithstanding the foregoing, nothing in this Section 3.4 shall be interpreted to limit the Developer's rights under Section 3.3. Section 3.5 Prevailing Wage. The Developer shall pay prevailing wages for the portions of the Site Improvements described in Section __ of the City Development Agreement. H3, Attachment 7 Council Packet Page Number 259 of 370 7096643v1 10 ARTICLE IV EVENTS OF DEFAULT Section 4.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events: (1) Failure by the Developer to timely pay any ad valorem real property taxes and special assessments levied against the Development Property and all public utility or other City payments due and owing with respect to the Development Property. (2) Failure by the Developer to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement and the City Development Agreement. (3) Failure of the Developer to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement and the City Development Agreement. (4) The holder of any mortgage on the Development Property or any improvements thereon, or any portion thereof, commences foreclosure proceedings as a result of any default under the applicable mortgage documents. (5) If the Developer shall: (A) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or (B) make an assignment for the benefit of its creditors; or (C) admit in writing its inability to pay its debts generally as they become due; or (D) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing the adjudication of the Developer as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Developer, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Developer, and shall not be discharged within sixty (60) days after such appointment, or if the Developer, shall consent to or acquiesce in such appointment. Section 4.2 Remedies on Default. Whenever any Event of Default referred to in Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Developer, but only if the Event of Default has not been cured within said thirty (30) days: H3, Attachment 7 Council Packet Page Number 260 of 370 7096643v1 11 (1) The City may suspend its performance under this Agreement and the TIF Note until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure its default and continue its performance under this Agreement. (2) The City may cancel and rescind the Agreement and the TIF Note. (3) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Developer under this Agreement. Section 4.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 4.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. Section 4.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Developer herein contained, the Developer agrees that it shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City. Section 4.6 Indemnification of City. (1) The Developer releases from and covenants and agrees that the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this Section, collectively the "Indemnified Parties") shall not be liable for and agrees to indemnify and hold harmless the Indemnified Parties against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project, provided that the foregoing indemnification shall not be effective for any actions of the Indemnified Parties that are not contemplated by this Agreement. (2) Except for any willful misrepresentation or any willful or wanton misconduct of the Indemnified Parties, the Developer agrees to protect and defend the Indemnified Parties, now and forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the actions or inactions of the Developer (or other persons acting on its behalf or under its direction or control) under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, and operation of the Project; provided, that H3, Attachment 7 Council Packet Page Number 261 of 370 7096643v1 12 this indemnification shall not apply to the warranties made or obligations undertaken by the City in this Agreement or to any actions undertaken by the City which are not contemplated by this Agreement but shall, in any event and without regard to any fault on the part of the City, apply to any pecuniary loss or penalty (including interest thereon from the date the loss is incurred or penalty is paid by the City at a rate equal to the Prime Rate) as a result of the Developer operating the Project so that the Tax Increment District does not qualify or cease to qualify as a "redevelopment district" under Section 469.174, Subdivision 10, of the Act or to violate limitations as to the use of Tax Increments as set forth in Section 469.176, Subdivision 4d. (3) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City, as the case may be. H3, Attachment 7 Council Packet Page Number 262 of 370 7096643v1 13 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT Section 5.1 The Developer's Option to Terminate. This Agreement may be terminated by Developer, if (i) the Developer is in compliance with all material terms of this Agreement and no Event of Default has occurred and is continuing; and (ii) the City fails to comply with any material term of this Agreement, and, after written notice by the Developer of such failure, the City has failed to cure such noncompliance within ninety (90) days of receipt of such notice, or, if such noncompliance cannot reasonably be cured by the City within ninety (90) days, of receipt of such notice, the City has not provided assurances, reasonably satisfactory to the Developer, that such noncompliance will be cured as soon as reasonably possible. Section 5.2 Action to Terminate. Termination of this Agreement pursuant to Section 5.1 must be accomplished by written notification by the Developer to the City within thirty (30) days after the date when such option to terminate may first be exercised. A failure by the Developer to terminate this Agreement within such period constitutes a waiver by the Developer of its right to terminate this Agreement due to such occurrence or event. Section 5.3 Additional Right to Terminate. In addition to Developer's right to terminate this Agreement pursuant to Section 5.1 above, Developer shall have the right to terminate this Agreement at any time after completion of the Project by written notice to the City. Section 5.4 Effect of Termination. If this Agreement is terminated pursuant to this Article V, this Agreement shall be from such date forward null and void and of no further effect; provided, however, the termination of this Agreement shall not affect the rights of either party to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the other party, or to recover amounts which had accrued and become due and payable as of the date of such termination. Upon termination of this Agreement pursuant to this Article V, the Developer shall be free to proceed with the Project at its own expense and without regard to the provisions of this Agreement; provided, however, that the City shall have no further obligations to the Developer with respect to reimbursement of the expenses set forth in Section 3.2, or to make any further payments on the TIF Note. H3, Attachment 7 Council Packet Page Number 263 of 370 7096643v1 14 ARTICLE VI ADDITIONAL PROVISIONS Section 6.1 Restrictions on Use. The Developer agrees for itself, its successors and assigns and every successor in interest to the Development Property, or any part thereof, that during the term of this Agreement the Developer and such successors and assigns shall operate, or cause to be operated, the Project as a multifamily rental housing facility and shall devote the Development Property to, and in accordance with, the uses specified in this Agreement. Section 6.2 Conflicts of Interest. No member of the governing body or other official of the City shall have any financial interest, direct or indirect, in this Agreement, the Development Property or the Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, nor shall any such member of the governing body or other official participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Developer or successor or on any obligations under the terms of this Agreement. Section 6.3 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 6.4 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (1) in the case of the Developer is addressed to or delivered personally to: Maplewood Apartments Limited Partnership 233 Park Avenue South, #201 Minneapolis, MN 55415 (2) in the case of the City is addressed to or delivered personally to the City at: City of Maplewood, Minnesota 1830 East County Road B Maplewood, MN 55109-2702 or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section. Section 6.5 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. H3, Attachment 7 Council Packet Page Number 264 of 370 7096643v1 15 Section 6.6 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State. Section 6.7 Expiration. This Agreement shall expire on the Termination Date. Section 6.8 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof. Section 6.9 Assignment of Agreement and Note. The Developer shall not assign its interest in this Agreement or the TIF Note without the consent of the City pursuant to action by the City Council, which consent shall not be unreasonably withheld. The Note may only be assigned pursuant to the terms of the Note. H3, Attachment 7 Council Packet Page Number 265 of 370 7096643v1 S-1 IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and on its behalf and its seal to be hereunto duly affixed, and the Developer has caused this Agreement to be duly executed on its behalf, on or as of the date first above written. CITY OF MAPLEWOOD, MINNESOTA By____________________________ Its Mayor By____________________________ Its City Manager This is a signature page to the Development Agreement by and between the City of Maplewood and Maplewood Apartments Limited Partnership. H3, Attachment 7 Council Packet Page Number 266 of 370 7096643v1 S-2 MAPLEWOOD APARTMENTS LIMITED PARTNERSHIP By____________________________ Its This is a signature page to the Development Agreement by and between the City of Maplewood and Maplewood Apartments Limited Partnership. H3, Attachment 7 Council Packet Page Number 267 of 370 7096643v1 A-1 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Legal Description H3, Attachment 7 Council Packet Page Number 268 of 370 7096643v1 B-1 EXHIBIT B FORM OF TIF NOTE No. R-1 $___________ UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD TAX INCREMENT REVENUE NOTE (MAPLEWOOD APARTMENTS LIMITED PARTNERSHIP HOUSING PROJECT) The City of Maplewood, Minnesota (the "City"), hereby acknowledges itself to be indebted and, for value received, hereby promises to pay the amounts hereinafter described (the "Payment Amounts") to Maplewood Apartments Limited Partnership, or its registered assigns (the "Registered Owner"), but only in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided. The principal amount of this Note shall equal from time to time the principal amount stated above, as reduced to the extent that such principal installments shall have been paid in whole or in part pursuant to the terms hereof; provided that the sum of the principal amount listed above shall in no event exceed $620,600 as provided in that certain Development Agreement, dated as of ____________, 2015, as the same may be amended from time to time (the "Development Agreement"), by and between the City and Maplewood Apartments Limited Partnership. The unpaid principal amount hereof shall bear interest from the date of this Note at the simple, non-compounding interest at a rate of five and no hundredths percent (5.00%) per annum. Interest shall be computed on the basis of a 360 day year consisting of twelve (12) 30- day months. The amounts due under this Note shall be payable on August 1, 2018, and on each August 1 and February 1 thereafter to and including February 1, 2044, or, if the first should not be a Business Day (as defined in the Development Agreement) the next succeeding Business Day (the "Payment Dates"). On each Payment Date subject to the provisions of Section 3.3 of the Development Agreement the City shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the close of the last business day of the City preceding such Payment Date an amount equal to the Tax Increments (hereinafter defined) received by the City during the six month period preceding such Payment Date. All payments made by the City under this Note shall first be applied to accrued interest and then to principal. This Note is prepayable by the City, in whole or in part, on any date. The Payment Amounts due hereon shall be payable solely from 83% of the tax increments (the "Tax Increments") from the Development Property (as defined in the Development Agreement) within City's Tax Increment Financing (Housing) District No. 1-13 (the "Tax Increment District") within its Development District No. 1 which are paid to the City and which the City is entitled to retain pursuant to the provisions of Minnesota Statutes, Sections H3, Attachment 7 Council Packet Page Number 269 of 370 7096643v1 B-2 469.174 through 469.1794, as the same may be amended or supplemented from time to time (the "Tax Increment Act"). This Note shall terminate and be of no further force and effect following the termination of the Tax Increment District, on any date upon which the City shall have terminated the Development Agreement under Section 4.2(2) thereof or the Developer shall have terminated the Development Agreement under Article V thereof, or on the date that all principal and interest payable hereunder shall have been paid in full, whichever occurs earliest. The Tax Increment District includes properties other than the Development Property and Ramsey County remits Tax Increment to the City on the basis of the captured tax capacity of the entire Tax Increment District. For purposes of this Tax Increment Revenue Note, the City will determine Tax Increment generated from the Development Property and improvements thereon in its sole discretion. The City makes no representation or covenant, expressed or implied, that the Tax Increments will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable hereunder. The City's payment obligations hereunder shall be further conditioned on the fact that no Event of Default under the Development Agreement shall have occurred and be continuing at the time payment is otherwise due hereunder, but such unpaid amounts shall become payable, without interest accruing thereon in the meantime, if said Event of Default shall thereafter have been cured; and, further, if pursuant to the occurrence of an Event of Default under the Development Agreement the City elects to cancel and rescind the Development Agreement, the City shall have no further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of the Development Agreement, including without limitation Section 3.2 thereof, for a fuller statement of the rights and obligations of the City to pay the principal of this Note, and said provisions are hereby incorporated into this Note as though set out in full herein. This Note is a special, limited revenue obligation and not a general obligation of the City and is payable by the City only from the sources and subject to the qualifications stated or referenced herein. This Note is not a general obligation of the City of Maplewood, Minnesota, and neither the full faith and credit nor the taxing powers of the City are pledged to the payment of the principal of this Note and no property or other asset of the City, save and except the above-referenced Tax Increments, is or shall be a source of payment of the City's obligations hereunder. This Note is issued by the City in aid of financing a project pursuant to and in full conformity with the Constitution and laws of the State of Minnesota, including the Tax Increment Act. This Note is subject to prepayment in immediately available funds on any date at the option of the City, in whole or in part and without penalty. This Note may be assigned only with the consent of the City. In order to assign the Note, the assignee shall surrender the same to the City either in exchange for a new fully registered note or for transfer of this Note on the registration records for the Note maintained by the City. H3, Attachment 7 Council Packet Page Number 270 of 370 7096643v1 B-3 Each permitted assignee shall take this Note subject to the foregoing conditions and subject to all provisions stated or referenced herein. 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 have happened, and to be performed precedent to and in the issuance of this Note have been done, have happened, and have been performed in regular and due form, time, and manner as required by law; and that this Note, together with all other indebtedness of the City outstanding on the date hereof and on the date of its actual issuance and delivery, does not cause the indebtedness of the City to exceed any constitutional, statutory or charter limitation thereon. IN WITNESS WHEREOF, City of Maplewood, Minnesota, by its City Council, has caused this Note to be executed by the manual signatures of its Mayor and City Manager and has caused this Note to be issued on and dated _______________, 201_. ________________________ City Manager Mayor H3, Attachment 7 Council Packet Page Number 271 of 370 7096643v1 B-4 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on _______________, 201__, was on said date registered in the name of Maplewood Apartments Limited Partnership, and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept by the undersigned for such purposes. NAME AND ADDRESS OF REGISTERED OWNERS DATE OF REGISTRATION SIGNATURE OF CITY MANAGER Maplewood Apartments Limited Partnership 233 Park Avenue South, #201 Minneapolis, MN 55416 _____________, 201__ _________________________ H3, Attachment 7 Council Packet Page Number 272 of 370 7096643v1 C-1 EXHIBIT C SITE IMPROVEMENTS Landscaping, including irrigation Foundations and Footings Grading/earthwork Engineering Survey Environmental Testing Soil Borings Site Preparation Onsite Utilities Storm Water/Ponding Outdoor Lighting Onsite Road, Curb, Gutter, Driveway, Sidewalk and Streetscape Improvements Parking Facilities H3, Attachment 7 Council Packet Page Number 273 of 370 6872568v5 D-1 EXHIBIT D FORM OF ASSESSMENT AGREEMENT THIS AGREEMENT, dated as of this _____ day of __________, 20__, is by and among the City of Maplewood, Minnesota (the "City") and Maplewood Apartments Limited Partnership, a Minnesota limited partnership (the "Developer"), and the Ramsey County Assessor (the "Assessor"). WITNESSETH WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement dated as of ______________, 2015 (the "Agreement") regarding certain real property located in the City (the "Development Property") which property is legally described on Exhibit A attached hereto and made a part hereof. WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will construct a 50 unit residential housing project facility (the "Project") on the Development Property. WHEREAS, the City and Developer desire to establish a minimum market value for the Development Property and the improvements constructed or to be constructed thereon, pursuant to Minnesota Statutes, Section 469.177, Subdivision 8. WHEREAS, the Developer has acquired the Development Property. WHEREAS, the City and the Assessor have reviewed plans and specifications for the Project. NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each to the other, do hereby agree as follows: 1. As of January 2, 2018 through and thereafter until December 31, 2042 the minimum market value which shall be assessed for the Project shall be not less than $__________. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on Termination Date. 3. This Agreement shall be recorded by the City with the County Recorder of Ramsey County, Minnesota. The Developer shall pay all costs of recording. 4. The Assessor has reviewed the plans and specifications for the improvements and the market value previously assigned to the land upon which the improvements are to be constructed, and that the "minimum market value" as set forth above is reasonable. 5. Neither the preamble nor provisions of this Agreement are intended to, or shall they be construed as, modifying the terms of the Agreement between the City and the Developer. H3, Attachment 7 Council Packet Page Number 274 of 370 6872568v5 D-2 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the City, the Developer and the Assessor have caused this Agreement to be executed in their names and on their behalf all as of the date set forth above. CITY OF MAPLEWOOD, MINNESOTA (SEAL) By ____________________________________ Its Mayor By ____________________________________ Its Manager STATE OF MINNESOTA ) ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ___ day of ________, 20__, by _______________, the Mayor and ______________, the Manager of the City of Maplewood, Minnesota on behalf of said City. _______________________________________ Notary Public This Instrument Drafted By: Briggs and Morgan, P.A. 2200 First National Bank Building St. Paul, MN 55101 H3, Attachment 7 Council Packet Page Number 275 of 370 6872568v5 D-3 MAPLEWOOD APARTMENTS LIMITED PARTNERSHIP By ____________________________________ Its __________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ___ day of ________, 20__, by _________________, the ____________ of Maplewood Apartments Limited Partnership, a Minnesota limited partnership, on behalf of said partnership. _______________________________________ Notary Public Signature page for Assessment Agreement by and between the City of Maplewood, Minnesota, Maplewood Apartments Limited Partnership, and the Ramsey County Assessor. H3, Attachment 7 Council Packet Page Number 276 of 370 6872568v5 D-4 CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the Assessment Agreement dated as of _________, 2015 between the City of Maplewood, Minnesota and Maplewood Apartments Limited Partnership, a Minnesota limited partnership; the construction plans for the Project, as defined in the Assessment Agreement; and the market value currently assigned to land upon which the improvements are to be constructed and being of the opinion that the minimum market value contained in the Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the above described property, hereby certifies that the market values assigned to such land and improvements are reasonable. _______________________________________ County Assessor for Ramsey County STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) This instrument was acknowledged before me on _______________, 20__, by ________________, the County Assessor of Ramsey County. _______________________________________ Notary Public H3, Attachment 7 Council Packet Page Number 277 of 370 7096643v1 D-A-1 EXHIBIT A TO ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY H3, Attachment 7 Council Packet Page Number 278 of 370 7096643v1 D-A-2 CONSENT TO ASSESSMENT AGREEMENT The ______________________________________, of __________________ (the "Bank"), does hereby consent to all terms, conditions and provisions of the foregoing Assessment Agreement and agrees that, in the event it purchases the Development Property at a foreclosure sale or acquires the Development Property through a deed in lieu of foreclosure or otherwise in satisfaction of the indebtedness owed by the Developer, it and its respective successors and assigns, shall be bound by all terms and conditions of the Assessment Agreement, including but not limited to the provision which requires that the minimum market value of the Development Property shall be not less than $___________ as of January 2, 2018 and subsequent assessments through the January 2, 2042 assessment. IN WITNESS WHEREOF, we have caused this Consent to Assessment Agreement to be executed in its name and on its behalf as of this ____ day of _______, 20__. _______________________________________ By ____________________________________ Its __________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) This instrument was acknowledged before me this ___ day of _______________, 20__, by ____________________, the _________________ of _________________, a __________________, on behalf of the __________________. _______________________________________ Notary Public H3, Attachment 7 Council Packet Page Number 279 of 370 Page 1 of 30 CITY OF MAPLEWOOD Ramsey County, Minnesota Development Agreement for The Villages at Frost & English Developer Project: 14-21 Associated City Project: 14-01 THIS AGREEMENT, made this _____ day of _______________, 2015, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and City manager, herein called the “CITY” and Maplewood Acquisition LLC, a Minnesota corporation, herein called the “DEVELOPER”. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: Villages at Frost & English 1. In consideration of the CITY accepting The Villages at Frost & English Development (“The Villages”), the DEVELOPER shall provide all internal water systems, storm water management facilities, sanitary sewers, and street and parking lot improvements for the proposed plat of “The Villages at Frost & English,” hereinafter referred to as, “the property” including concrete curb and gutter, street/parking lot lighting, signing, landscaping and other improvements as specified herein, all in conformance with current City standards, more specifically outlined in the Special Conditions, Plans and Specifications attached to this Agreement (to be added after Council Approvals). H3, Attachment 8 Council Packet Page Number 280 of 370 Page 2 of 30 All internal improvements constructed by the DEVELOPER shall be considered private utilities and/or improvements and shall be maintained by the DEVELOPER and/or its successors and assign(s). The public improvements to be constructed by the CITY in connection with the acceptance of The Villages at Frost & English private improvements are further defined within the “Gladstone Phase 2 Improvements Feasibility Study” as adopted by the Maplewood City Council on June, 9, 2014, and are generally described as: • 8” watermain and sanitary sewer services along English Street and Frost Avenue stubbed into the property within the proposed public drainage, utility, and sidewalk easement. • Construction of storm drainage facilities along Frost Avenue and English Street • Sidewalk and trail improvements along English Street and Frost Avenue • Landscape improvements along English Street and Frost Avenue • Mill and overlay improvements along English Street • Street reconstruction along Frost Avenue • Overhead utility burial along Frost Avenue • Roundabout re-construction at the Frost Avenue and English Street intersection A site master plan shall be reviewed to understand the scope of shared infrastructure and how the proposed phases all tie together. Access and parking must be covered by either an easement or an executed agreement covering all proposed Phases (I, II, and III). Said easement or agreement for access purposes shall also cover the liquor store parcel which will need access to internal private roadway. H3, Attachment 8 Council Packet Page Number 281 of 370 Page 3 of 30 An agreement or easement may be necessary to cover drainage from one property to the other, proposed shared utilities, and water quality treatment and rate control features for the site. A concept plan of how the future phases will be served by utilities would need to be reviewed and an agreement or easement would be necessary to cover future site utilities. A sidewalk and trail easement shall be dedicated per Section 17. The DEVELOPER warrants that it is the owner of or is under contract to purchase the property proposed for the construction of The Villages at Frost & English and maintains all rights and obligations necessary to construct the said improvements and to incur any property obligations for said identified property. 2. The pond area and infiltration area(s) as detailed on the final Grading and Drainage Plan shall be private facilities constructed by the DEVELOPER and the DEVELOPER shall be responsible for all construction costs. The DEVELOPER shall be responsible for creating/recording of agreements/easements between the three proposed lots as necessary to address the shared usage and responsibilities of each lot as it pertains to the pond area and infiltration area(s). These agreements/easements shall include regular maintenance (aesthetics, mowing, weed control, trash removal), long-term maintenance, and future rehabilitation to insure proper functioning for the pond area and infiltration area(s). The DEVELOPER shall execute a maintenance agreement with the CITY and Ramsey-Washington Metropolitan Watershed District for the full maintenance responsibility of pond area and infiltration area(s). H3, Attachment 8 Council Packet Page Number 282 of 370 Page 4 of 30 3. The DEVELOPER shall be responsible for creating/recording of agreements/easements between the three proposed lots as necessary to address the drainage, utilities, roads, and parking lots that cross lot lines within the proposed development. These agreements shall detail the shared usage and responsibilities of each lot as it pertains to these common amenities, including long-term maintenance. 4. The Developer shall reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the private development project (City Project 14-21) up to $10,000.00. 5. The Developer agrees that all payments to the City from the Developer called for under the terms of this contract and City ordinance shall be made within 30 days of billing. Payments not made within this time period shall be obtained through the guarantees provided in this contract. 6. The proposed site development consist of 3 phases as follow: a. Phase I: Multifamily Development b. Phase II: Senior Housing Development c. Phase III: Commercial Development 7. The estimated total Park Dedication Fee (PAC) for all three phases of the proposed project is $234,666.00. The DEVELOPER agrees to pay to the CITY a Park Dedication Fee (PAC) as follows: a. Phase I (Multi-Family): A total amount of $106,036.00 of which shall be a cash payment paid at time of Phase I building permit issuance. b. Phase II (Senior Living): An estimated total amount of $97,580.00 of which shall be a cash payment paid at the time of building permit issuance for Phase II The final amount shall be adjusted appropriately at time actual building permit issuance. H3, Attachment 8 Council Packet Page Number 283 of 370 Page 5 of 30 c. Phase III (Commercial): An estimated total amount of $31,050.00 of which shall be a cash payment paid at the time of building permit issuance for Phase III The final amount shall be adjusted appropriately at time of plan submittal. It is understood and agreed that once the PAC fees for all phases has been paid this shall satisfy the obligation of the Developer with respect to standard PAC fees for the entire redevelopment parcel. 8. The DEVELOPER further agrees to a cash contribution of $219,400.00 to assist in the Frost Avenue corridor trail and sidewalk construction, and park/savanna improvements, and is requesting the same, and which the parties agree shall be paid in the following manner: a. The Developer shall pay $120,000.00 to the CITY as a cash payment paid at time of building permit issuance of Phase I of the site development. b. Additionally, the Developer shall pay $99,400.00 to the CITY as a cash payment also paid at time of building permit issuance of Phase I of the site development. The City shall then convey to the Developer’s redevelopment site, 40 Sewer Availability Charge (SAC) units, at $2,485.00 per SAC unit, totaling $99,400.00 at the time of building permit issuance, but after receiving the $99,400.00 from Developer, for Phase I of the site development. 9. The DEVELOPER agrees to pay to the CITY a Sewer Availability Charge (SAC) for Phase I, less the 40 SAC units the City shall dedicate as referenced in Section 8(b). The final SAC determination for Phase I shall be made by Metropolitan Council Environmental Services. This fee shall be paid to the CITY by the DEVELOPER at the time of Phase I building permit H3, Attachment 8 Council Packet Page Number 284 of 370 Page 6 of 30 issuance (this is a Met Council fee that is passed through the City). The Local SAC (which is a City fee) for Phase I, which is $130.00/unit, must also be paid to the City however the City shall waive the Local SAC fee for not more than 40 units (Developer credit of $5,200.00). SAC fees and Local SAC fees will be required for Phase II and Phase III paid at time of building permit issuance for those respective phases. 10. The DEVELOPER agrees to pay to the CITY a Water Availability Charge (WAC) for Phase I. This fee shall be paid at the time of Phase I building permit issuance and is based on the number of SAC units determined by the Met Council for the Phase I building. The City rate for WAC in 2015 is $285.00 per unit. The number of WAC units is based on the units determined in the SAC analysis. Additional WAC fees will be required for Phase II and Phase III paid at time of building permit issuance for those respective phases. 11. The DEVELOPER agrees to pay the City for costs associated with the construction of three new water services to the property. These costs will be based on actual cost billed to the CITY by Saint Paul Regional Water Service (SPRWS) for the construction of the new water services (labor and materials). It is preferred that SPRWS directly bill the Developer for said improvements; however in the case the City is billed, the Developer agrees to fully reimburse the City for all labor and material costs. 12. The DEVELOPER agrees to pay to the CITY all Building Permit fees for Phase I, II, and III such as Plan Review Fee, Building Permit Fee, State Surcharges, etc., consistent with current fee schedule and policies. All building and building sites must meet the requirements of the Maplewood Green Building Program. A “de-construction” permit is required for the removal of the existing building (of which 75 percent of the materials removed H3, Attachment 8 Council Packet Page Number 285 of 370 Page 7 of 30 shall be diverted from landfills). A full report detailing the de-construction procedure must be submitted with the permit. Ramsey County Department of Health must be notified 10 days prior to the issuance of the de-construction permit. 13. The DEVELOPER agrees to pay to the CITY a public works permit fee consistent with the 2015 rate schedule which includes grading permit/ technician plan review, manhole, connection, and storm/sewer base fees. This fee is estimated at $2,900.00. Additionally, DEVELOPER’s contractor shall post cash escrow for grading and site management (sediment control and erosion prevention) at time of obtaining a grading permit. Said escrow shall be returned to DEVELOPER’S contractor upon completion/closure of its grading permit (as long as the City did not draw upon said escrow to address concerns for which the DEVELOPER’S contractor was not responsive. 14. The DEVELOPER agrees to establish a $100,000.00 cash escrow to insure completion of private improvements and landscaping. The full amount shall be returned upon successful completion of properly constructing private improvements and installing landscaping. Alternatively, the Developer many choose to furnish the City with an irrevocable letter of credit in the amount of $100,000.00 as a guarantee in a form agreed upon by the City and Developer. 15. The DEVELOPER agrees to install landscaping and trees on the project site in accordance with the Phase I Final Landscape Plan. Separate landscaping plans will be required for Phase II & III. 16. The DEVELOPER agrees to dedicate the necessary easements to allow for the construction and future maintenance of all Public Improvements. The easement requirements are generally described, but not limited to, as follows: H3, Attachment 8 Council Packet Page Number 286 of 370 Page 8 of 30 10-foot drainage, utility, and sidewalk easements along all lot lines of the property adjoining public ways (Frost Avenue & English Street). 17. The DEVELOPER agrees to grant a right-of-entry to the CITY to access the private property within the property (The Villages at Frost and English) as needed to construct the improvements included as a part of the Gladstone Phase 2 Improvements, City Project 14-01. 18. The DEVELOPER agrees to install and maintain all required erosion control measures necessary for private construction work done by the DEVELOPER, including but not limited to: silt fence, sediment ponds, floating silt curtain, inlet protection, and rock construction entrances. 19. This Developer Agreement and its binding authority between the parties is conditioned upon the CITY and DEVELOPER successfully entering into a Tax Increment Financing Agreement for the DEVELOPER property. 20. Subject to an event of Force Majeure (as defined below), the DEVELOPER shall complete the private work covered by this contract by the date given in the Special Conditions of this contract. No deviation from the required completion date shall be permitted unless approved in writing by the CITY. After receipt of written notice from the DEVELOPER of the existence of causes over which the DEVELOPER has no control which will delay the completion of the work, the CITY, at its discretion, may extend the completion date and any financial sureties required shall be continued to cover the work during the extension of time. The DEVELOPER and CITY hereby agree that site improvements, including landscaping, for Phase I shall be completed by no later than December 31, 2016. This date may be extended by mutual agreement of the DEVELOPER and the City Engineer. H3, Attachment 8 Council Packet Page Number 287 of 370 Page 9 of 30 For purposes of this Agreement “force majeure” shall mean the following: an event occurring resulting in Developer being unable to perform any obligation hereunder (other than the payment of money) within the time set forth herein because of strikes, lockouts, labor troubles, inability to procure materials, riots, insurrection, war, natural disaster, or other reason of a like nature not the fault of such party and not within its control, then the period for performance of such obligation shall be extended for the duration of such event. 21. The DEVELOPER shall furnish all engineering, architectural and administrative services for the private site improvements and building projects. 22. The DEVELOPER agrees that its site work shall be done and performed in the best and most workmanlike manner; and all materials and labor shall be in strict conformity with respect to the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY or a duly authorized engineer of the CITY; and in case any material or labor supplied shall be rejected by the CITY or engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the CITY or engineer and at the sole cost and expense of the DEVELOPER. Construction and installation of all public improvements surrounding and within the property shall be done utilizing prevailing wage labor as defined by the State of Minnesota, DOLI. 23. After completion of any private work, if required, by the DEVELOPER within public right-of-way or easements, the City engineer or the City engineer’s designated representative and a representative of the DEVELOPER’s engineer will make a final inspection of the work. This provision shall apply H3, Attachment 8 Council Packet Page Number 288 of 370 Page 10 of 30 only to work within public right-of-way or easements. The City engineer will not inspect or warrant any private work conducted by the contractor or contractors hired by the DEVELOPER. 24. The DEVELOPER shall comply with all City Council conditions and requirements as stated in approvals. 25. It is further agreed, anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the DEVELOPER, the DEVELOPER’s contractor or subcontractor, material suppliers, laborers or to any other person or persons whomsoever, for any claim, demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the private work or the improvements provided herein to be completed by the DEVELOPER, which the DEVELOPER will save the CITY harmless from all such claims, demands, damages, actions or causes of action or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for CITY administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such claims as may be brought against the CITY. It is further agreed that the DEVELOPER will furnish the City of Maplewood proof of insurance upon request in the amount as required by the approval specifications covering any public liability or property damage by reason of the operation of the DEVELOPER’s equipment, laborers, and hazard caused by said improvement. H3, Attachment 8 Council Packet Page Number 289 of 370 Page 11 of 30 26. Breach of any terms of this agreement by the DEVELOPER shall be grounds for denial of building or occupancy permits for buildings within The Villages at Frost & English until the DEVELOPER corrects such breach. 27. In case any one or more of the provisions contained in this Agreement shall be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 28. The terms and conditions of this Agreement shall be binding on the parties hereto, their respective successors and assigns and the benefits and burdens shall run with the land and may be recorded against the title to the property. 29. Disputes. Any disputes regarding the terms and conditions of this Development Agreement or that of the Redevelopment Plan associated herewith shall be resolved through appropriate non-binding ADR means. Disputes that require or lead to litigation shall be governed under the laws of the State of Minnesota and shall be pursued in the District Court of Ramsey County. 30. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City Manager City of Maplewood 1830 County Road B East H3, Attachment 8 Council Packet Page Number 290 of 370 Page 12 of 30 Maplewood, MN 55109 As to the Developer: Sherman Associates, Inc. George Sherman 233 Park Avenue South, Suite 201 Minneapolis, MN 55413 H3, Attachment 8 Council Packet Page Number 291 of 370 Page 13 of 30 SIGNATURE: MAPLEWOOD ACQUISITION LLC By _______________________________ Title _____________________________ STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2015, by ___________________, the _______________of Maplewood Acquisition LLC ___________________________________ Notary Public By _______________________________ Title _____________________________ STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2015, by ___________________, the _______________of Maplewood Acquisition LLC ___________________________________ Notary Public H3, Attachment 8 Council Packet Page Number 292 of 370 Page 14 of 30 SIGNATURES CITY OF MAPLEWOOD: ______________________________ Mayor STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of __________________, 2015, by _______________ the Mayor of the City of Maplewood, a municipal corporation. ___________________________________ Notary Public ______________________________ City Manager STATE OF MINNESOTA ) SS. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _______ day of __________________, 2015, by _______________ and Manager of the City of Maplewood, a municipal corporation. ___________________________________ Notary Public H3, Attachment 8 Council Packet Page Number 293 of 370 Page 15 of 30 SPECIAL CONDITIONS FOR THE VILLAGES AT FROST & ENGLISH CITY OF MAPLEWOOD, MN 1. Subdivision Information: a. Plat Name: The Village at Frost & English b. Developer: Name, Sherman Associates, Inc. c. Architect/Engineer: Kaas Wilson Architects & Solution Blue d. General Contractor for Private Development: ________ e. Financial Guarantee: (1) Type: Cash Escrow (Engineering/Legal) Amount: $10,000.00 (2) Type: Cash Surety or Irrevocable Letter of Credit Amount: $100,000.00 Surety for: Private Improvements & Landscaping 2. Scope of work contemplated under the terms of this contract and covered by escrow guarantee is outlined in conditions of development approval (see attached conditions). H3, Attachment 8 Council Packet Page Number 294 of 370 Page 16 of 30 DEVELOPMENT CONDITIONS MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, April 13, 2015 Council Chambers, City Hall Meeting No. 07-15 Councilmember Koppen moved to approve the Conditional Use Permit Resolution for a four-story multi-family residential building subject to the following conditions: a. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s February 26, 2015 review. b. All construction shall follow the plans date-stamped February 23, 2015, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. c. This approval is for the phase one, 50-unit multi-family building only. Any future phases with buildings taller than 35-feet or three stories must seek separate approval for a conditional use permit. d. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. e. The Frost Avenue building elevation shall follow the plan submitted at the March 24, 2015 CDRB meeting, which steps the fourth floor back from the rest of the building. f. The city council shall review this permit in one year. Resolution 15-4-1190 Conditional Use Permit WHEREAS, Shane LaFave, of Sherman Associates, has applied for a conditional use permit for a four-story building in a MU (mixed use) district. WHEREAS, Sections 44-681 of the city ordinances requires a conditional use permit for residential buildings taller than 35 feet or three stories in a MU (mixed use) zoning district. WHEREAS, this permit applies to the property located at 1955 English Street. The property’s legal description is: Lots 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21 and 22, Block 1, together with the vacated alley adjacent thereto and the East half of vacated Chambers Street adjacent thereto, and Lots 23, 24 and 25, Block H3, Attachment 8 Council Packet Page Number 295 of 370 Page 17 of 30 1, except the East 80 feet thereof, together with the vacated East half of vacated Chambers Street adjacent thereto. And Lots 4, 5, 6, 7, 8 , 9, 10, 11, 12, 13, 14, 15 and 16, Block 2, together with the vacated alley adjacent thereto and the West half of vacated Chamber Street adjacent thereto, all in Lincoln Park, according to the recorded plat thereof, Ramsey County, Minnesota. Lots 1, 2 and 3, Block 1, together with the East half of the vacated alley adjacent thereto, all in Lincoln Park, according to the recorded plat thereof, Ramsey County, Minnesota; excepting therefrom that part of said Lots 1, 2 and 3, Block 1, Lincoln Park, conveyed to the City of Maplewood by Quit Claim Deed dated August 19, 2002, filed December 15, 2004, as Document No. 3815861, and described as follows: Beginning at the Southeast corner of Lot 1, Block 1, said Lincoln Park, according to the recorded plat thereof; thence Westerly along the South line of said Lot 1, a distance of 64.00 feet; thence Northeasterly to a point on the East line of said Lot 2, distant 70.00 feet North of the Southeast corner of said Lot 1, as measured along the East line of said Lots 1 and 2; thence Southerly along said East line of Lots 1 and 2, a distance of 70.00 feet to the point of beginning. Lots 1, 2, 3, 4 and 5, Block 1, Kuhl's Rearrangement of Lots 1, 2, 3, 20, 21 and 22, Block 2, Lincoln Park, together with the vacated alley adjacent thereto and together with the West half of vacated Chambers Street adjacent thereto, according to the recorded plat thereof, Ramsey County, Minnesota. And Lots 17 and 18, Block 2, together with the West half of the vacated alley adjacent thereto, all in Lincoln Park, according to the recorded plat thereof, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On March 17, 2015, 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 April 13, 2015, 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 Code of Ordinances. H3, Attachment 8 Council Packet Page Number 296 of 370 Page 18 of 30 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. Approval is subject to the following conditions: 1. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s February 26, 2015 review. 2. All construction shall follow the plans date-stamped February 23, 2015, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. 3. This approval is for the phase one, 50-unit multi-family building only. Any future phases with buildings taller than 35-feet or three stories must seek separate approval for a conditional use permit. 4. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 5. The Frost Avenue building elevation shall follow the plan submitted at the March 24, 2015 CDRB meeting, which steps the fourth floor back from the rest of the building. H3, Attachment 8 Council Packet Page Number 297 of 370 Page 19 of 30 6. The city council shall review this permit in one year. Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Koppen moved to approve the lot division to subdivide the 5.5 acre property located at 1955 English Street, which currently consist of 12, into three parcels subject to the following conditions: a. Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch, dated February 26, 2015. b. Prior to issuance of a grading or building permit for development on the new lots the following must be submitted to staff for approval: 1. Proof that Ramsey County has recorded the lot division. 2. A signed certificate of survey showing the location of all property lines. Seconded by Councilmember Abrams Ayes – All The motion passed. Councilmember Juenemann moved to approve the design plans for the 50-unit multi-family building and the site plan for the Villages at Frost-English, date stamped February 23, 2015, for the redevelopment project located at 1955 English Avenue subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch, dated February 26, 2015. c. Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated March 2, 2015. d. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1. Verification of The Villages at Frost-English lot division has been recorded. 2. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s February 26, 2015 review. 3. The applicant shall submit to staff for approval a revised landscape plan showing the following details: a. Addition of at least two trees to be installed by the applicant in or near H3, Attachment 8 Council Packet Page Number 298 of 370 Page 20 of 30 the English Street right-of-way to replace the two trees removed with the construction of the driveway. b. Landscape requirements per the Mixed-Use Zoning District including: i. Landscape Islands: 1. One overstory tree with a trunk size a minimum of two-and- one-half inches in caliper shall be provided for every landscape island. 2. A minimum of 50 percent of every landscape island shall be planted with an approved ground cover in the appropriate density to achieve complete cover within two years. Mulch may only be used around the base of the plant material to retain moisture. ii. Perimeter Parking Lot Landscaping: 1. The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. iii. Over story trees are required at regular intervals along the road to help define the road edge, to buffer pedestrians from vehicles and to provide shade. The over story trees shall be located in a planting strip at least five feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. 4. Enter into a developer’s agreement with the city which will cover the installation of all public improvements surrounding and within the property. 5. Sign a maintenance agreement for the ongoing maintenance of all required rainwater gardens and infiltration basins. 6. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 7. An executed cross access agreement must be submitted to the city between the Villages at Frost-English development and the existing liquor store at 1281 Frost Avenue. 8. Revise the photometric plan showing code compliance and height of all light fixtures. e. The applicant shall complete the following before occupying the building: 1. Replace any property irons removed because of this construction. H3, Attachment 8 Council Packet Page Number 299 of 370 Page 21 of 30 2. Provide continuous concrete curb and gutter around the parking lot and driveways. 3. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. 4. Install all required outdoor lighting. 5. Install all required sidewalks and trails. f. If any required work is not done, the city may allow temporary occupancy if: 1. The city determines that the work is not essential to the public health, safety or welfare. 2. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. g. The buildings for Phases Two and Three of the Villages at Frost-English development are required to be reviewed for design review by the community design review board. h. All work shall follow the approved plans. City staff may approve minor changes. i. Approving the Frost Avenue building elevation submitted at the March 24, 2015 CDRB meeting that is date-stamped March 24, 2015. j. The supports of the decks along Frost Avenue shall be screened by a masonry wall. Seconded by Councilmember Koppen Ayes – All The motion passed. H3, Attachment 8 Council Packet Page Number 300 of 370 Page 22 of 30 ENGINEERING REVIEW PROJECT: Villages at Frost & English – 1955 English Street PROJECT NO: 14-21 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 2-26-2015 PLAN SET: Engineering plans dated 1-2-2014 Preliminary Plat dated 2-3-2015 Site survey dated 10-15-2014 REPORTS: Storm Water Management Report – Dated 2-19-2015 The applicant is proposing to redevelop the Maplewood Bowl site via a three phase project. The applicant is requesting design approval for the site plan, along with plat approval. As the amount of disturbance on this site is greater than 0.5 acre, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. There is a thirty-one percent reduction in impervious surfaces proposed on this site. The submitted stormwater management plan depicts the project meeting the City’s requirements as it pertains to infiltration and rate control. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review, along with ratified agreements, prior to issuing building and grading permits. The following are engineering review comments on the design and act as conditions prior to issuing permits: Drainage and Stormwater Management 1) The project shall be submitted to the Ramsey-Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 2) The applicant is proposing the use of infiltration to meet water quality requirements. As such, the applicant shall submit copies of geotechnical information (soil borings, infiltrations tests, etc.) to support the infiltration rates shown in the hydraulic calculations. 3) Construction details shall be provided for the infiltration areas. 4) The infiltration rate noted in the storm-water management report is 0.05 inches per hour and is inadequate to meet the 48-hour drawdown requirement. The applicant shall verify that the infiltration rate utilized is correct. It may be necessary to adjust the design to ensure the infiltration basins draw down to H3, Attachment 8 Council Packet Page Number 301 of 370 Page 23 of 30 surface level within a 48 hour timeframe. It should be noted that the maximum depth allowed for infiltration practices is 2-feet. 5) The applicant shall provide storm sewer pipe sizing details for all onsite storm sewer. 6) The overall project site is shown to meet the City’s rate control requirements. The applicant shall provide additional details ensuring that rate control is being met for the sub-drainage areas of the project. The applicant shall work with the City to meet the intent of the City’s stormwater ordinance and standards. 7) The pond at the northeast corner of the development is in close proximity to the Phase II senior facility. As such, it is of great importance to ensure the hydraulics in this area are paid particularly close attention. In particular, it appears that the emergency overflow for the pond is at or above 896 feet in elevation. According to the City’s standards, the lowest floor elevation of the building shall be a minimum of 1-foot above the emergency overflow. The applicant shall review the grading and hydraulics in this area. The applicant shall work with the City Engineer to meet the intent of the City’s stormwater ordinance and standards. 8) The applicant shall provide information ensuring the Phase II senior facility is protected from the lateral movement of water through the soil due to the close proximity with the proposed pond. 9) Emergency overland overflows shall be identified on the plans for the pond and infiltration basins. Similarly, the high-water level (HWL) and normal water level (NWL) shall be noted on the plans. 10) The applicant shall provide further grading details depicting the area between the west infiltration basin and the underground parking entrance drives. The applicant shall ensure that the grading in this area prevents the infiltration basin from overflowing into the parking garages. 11) The applicant shall note whether the existing catch basin near the entrance off of English Street is proposed to be removed or reused in the final layout. 12) Sumped manholes (typically 3-foot deep sumps) or other pre-treatment devices shall be provided immediately upstream of the pond and infiltration basins to protect from sedimentation. Grading and Erosion Control 13) All slopes shall be 3H:1V or flatter. 14) The proposed infiltration area shall be protected from sedimentation throughout construction. H3, Attachment 8 Council Packet Page Number 302 of 370 Page 24 of 30 15) Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. Additionally, storm sewer inlets along Atlantic Street, English Street, and Frost Avenue shall be protected throughout construction. 16) Atlantic Street, English Street, and Frost Avenue shall be swept as needed to keep the road clear of sediment and construction debris. 17) Perimeter control, such as silt-fence or bio-roll, shall be installed around the liquor store property to prevent construction related sediment or debris from entering the property. Any construction related materials that leave the construction site onto adjoining properties shall be removed by the contractor immediately. 18) All pedestrian facilities shall be ADA compliant. 19) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 20) The SWPPP included in the plans currently notes the use of underground storage chambers under part “D.” The SWPPP shall be reviewed and updated to ensure it is specific to this project. 21) A dedicated concrete washout area/method shall be provided per MPCA rules. 22) Stabilized construction entrances shall be placed at all entry/exit points to the site, including the access off of Atlantic Street. 23) The Applicant shall provide a phasing plan that details a schedule of the projects progression as it relates to stormwater pollution prevention. Temporary stabilization of exposed soils is likely necessary between the time the existing site infrastructure is removed and the various phases of the development are completed. Sanitary Sewer and Water Service 24) Sanitary sewer service piping shall be schedule 40 PVC or SDR 35. 25) The proposed water service modifications are subject to the review and conditions of Saint Paul Regional Water Services (SPRWS). The applicant shall submit plans and specifications to SPRWS for review and meet all requirements they may have prior to the issuance of a grading permit by the City. 26) The applicant shall note whether or not the proposed water service and fire hydrant, shown north of the Phase III commercial building, is to be public or private. If public, a utility easement shall be provided. H3, Attachment 8 Council Packet Page Number 303 of 370 Page 25 of 30 27) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. Appropriate fees shall be charged during the permitting process. Other 28) The plans shall be signed by a professional engineer currently licensed in the State of Minnesota. 29) The applicant shall ensure the site is navigable and accessible by emergency service vehicles. 30) A 40-foot wide sanitary sewer easement (Document No. 1800344) is shown on the site survey but is not shown on the preliminary plat drawing. The plans shall be updated to show whether or not this easement is to be vacated. 31) The plat shall be updated to include standard 5-foot wide drainage and utility easements along lot lines adjoining other plats or properties. The plat shall also be updated to show 10-foot drainage, utility, and sidewalk easements along all lot lines adjoining public ways. 32) Agreements or easements between the three proposed lots are necessary to address the drainage, utilities, roads, and parking lots that cross lot lines within the proposed development. These agreements shall detail the shared usage and responsibilities of each lot as it pertains to these common amenities, including long-term maintenance. A copy of these agreements shall be provided to the City of Maplewood. 33) Two trees are shown to be removed along Frost Avenue in front of the liquor store property. The applicant shall review the need for these tree removals, and if found necessary, coordinate their removal with the property owner. 34) A monitoring well is noted at the front of the existing Maplewood Bowl building. The applicant shall provide information on this well, specifically whether or not it has been sealed per Minnesota Department of Health requirements. 35) A right-of way permit shall be submitted for any work within the public right-of- way. 36) The Owner shall sign a maintenance agreement, prepared by the City, for all storm water treatment devices (sumps, storm sewer, infiltration basins, ponds, etc.). 37) The applicant shall provide information regarding the restoration of the areas not proposed for seeding or planting beds. Are all other areas proposed to be sodded? H3, Attachment 8 Council Packet Page Number 304 of 370 Page 26 of 30 The following comments were provided by the City’s Natural Resources Coordinator, Virginia Gaynor. General Comments on Large Infiltration Basins Large infiltration basins will ideally be planted with deep-rooted native plants. The city requires a portion of the basin to be planted rather than seeded; typically a minimum of 5000 square feet of plantings are required on large basins. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. Contractors typically take one of three approaches to plant material for large basins: 1. Plant shrubs in the bottom of the basin and seed the slopes. A 10,000 square foot bottom would require about 275 shrubs planted 6’ apart. Large shrubs such as highbush American cranberry can be planted at this spacing; most shorter shrub species require closer spacing. If shrubs are planted, they would be mulched with shredded hardwood mulch. 2. On sites that don’t need immediate aesthetic appeal, a combination of seed and plugs is sometimes used. The basin is seeded with a native seed mix, then grasses, sedges, and flowers and are planted in the bottom of the basin 18” apart (about 2250 plants for 5000 sq ft). This spacing of plants does not provide full coverage, it just helps ensure establishment of native species in the basin bottom in case seed is washed away. 3. Plant portions of the basin slopes to better integrate the basin into the site design. This may include shrub beds, perennials (native or non-native), or a combination of trees, shrubs, and perennials. These beds would be mulched and maintained as landscaped areas. For the bottom, do a combination of seeding and planting as explained in #2 above. Requirements: 1. The City would like to see a minimum of 5000 sq ft of planted areas for each of the two infiltration areas. 2. Provide a landscape drawing for each infiltration basin, including list of species, container size, spacing, and quantities. 3. If proposing seeding the bottom of the basins, provide explanation of measures that will be taken to ensure seed does not wash away. 4. For any area using a native seed mix (ex: pond slopes), provide information on maintenance for planting year, Year 2 and Year 3, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on this responsibility. (See attached note regarding Native Seedings.) If you have questions about plant selection for infiltration basins or about native seeding, please contact Ginny Gaynor at 651-249-2416. H3, Attachment 8 Council Packet Page Number 305 of 370 Page 27 of 30 A Note on Using Native Seed Mixes Seeding and establishing vegetation from a native seed mix is very different from, and more difficult than, establishing turf. It is essential the applicant, owner, and groundskeeper understand what they are facing. Here are some important things to know about native seedings: a. The city signs off on native seedings when native species establish, not when the cover crop establishes. This is typically two to three years after seeding. Escrow to cover the vegetation establishment is typically not released until the prairie vegetation has established. Portions of the escrow may be released if the applicant is on track with maintenance of the prairie vegetation. b. For the first two or three years after seeding, a prairie or basin will have more weeds than native vegetation. It will look very weedy and the owner may need to educate people about the establishment process to make this weedy phase more acceptable. c. For native seedings, Maplewood strongly recommends that applicants contract with a company that specializes in native seedings, rather than a turf contractor or landscaper. d. Maplewood strongly recommends that applicants enter into a 2 or 3-year maintenance contract with their native seeding specialist to ensure successful establishment of the native vegetation. e. Native seedings require maintenance, especially the first few years after seeding. Every site responds differently, but maintenance typically includes: i. Year of planting/Year 1: When weeds or cover crop reach 12”-15” high, cut vegetation with flail mower 5”- 6” high. Expect to mow about once per month if seeded in June. ii. Year 2: Mow once or twice this year when weeds reach 12”-15”. Monitor site for weeds and cut back weeds that threaten the success of the seeding (thistle, spotted knapweed, yellow and white sweet clovers, etc.). May need to spot spray selected weeds. iii. Year 3: Selective weed management (cutting and/or spraying). In fall, evaluate establishment of natives and reseed if necessary. - END COMMENTS - H3, Attachment 8 Council Packet Page Number 306 of 370 Page 28 of 30 ENVIRONMENTAL REVIEW Reviewers: Shann Finwall, Environmental Planner (651) 249-2304, shann.finwall@ci.maplewood.mn.us Background: The project redevelops the Maplewood Bowl site at 1955 English Street into a mixed-use housing and commercial development. The site is located within the City’s Gladstone Area Redevelopment Plan and Mixed-Use Zoning District. The project must comply with the City’s tree preservation ordinance and landscape requirements as specified in the Mixed-Use Zoning District. Tree Preservation Ordinance: Maplewood’s tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. A specimen tree is any tree that is 28 inches in diameter or larger. The ordinance requires any significant tree removed during redevelopment of the site to be replaced based on a tree mitigation calculation. The calculation takes into account the size of a tree removed versus overall significant trees situated on the property. The ordinance encourages the preservation of specimen trees. Tree Removal: The tree inventory plan shows 45 significant trees on the site, equaling 678 diameter inches. Redevelopment of the site will result in the removal of 14 significant trees (equaling 177 diameter inches). Four of the 14 trees removed are located in the Frost Avenue right-of-way and are being removed as part of the City’s Gladstone Area Phase 2 street improvements. Two of the 14 trees removed are located in the English Street right-of-way to accommodate the new driveway into the site. Tree Replacement: Because the applicant is able to preserve two specimen trees and many significant trees located on the north and west side of the site, the City’s tree mitigation calculation for redevelopment of this site only requires the replacement of 16 caliper inches (8 – 2” caliper trees). The landscape plan shows 43 new trees planted on the site, equaling 90 caliper inches of replacement trees. In addition, the City will be installing five trees along the Frost Avenue right-of-way as part of the Gladstone Phase 2 street improvements. The applicant meets the City’s tree replacement requirements, but should submit a revised landscape plan showing additional details as outlined below. H3, Attachment 8 Council Packet Page Number 307 of 370 Page 29 of 30 Mixed Use Zoning District Landscape Requirements: 1. All areas of land not occupied by buildings, parking, driveways, sidewalks or other hard surface shall be sodded or mulched and landscaped with approved ground cover, flowers, shrubbery and trees. 2. Hard-surfaced areas, including sidewalks and patios, must include amenities such as benches, planters and bike racks. 3. For parking lots consisting of 20 or more spaces, interior landscape islands are required. Interior landscape islands shall be at a rate of one landscape island for every ten parking spaces. Landscaping areas located along the perimeter of a parking lot beyond the curb or edge of pavement shall not be included toward satisfying this requirement. Landscape islands shall be a minimum of 144 square feet in area and shall be a minimum of eight feet in width, as measured from back of curb to back of curb. The landscape islands shall be improved as follows: a. One overstory tree with a trunk size a minimum of two-and-one-half inches in caliper shall be provided for every landscape island. b. A minimum of 50 percent of every landscape island shall be planted with an approved ground cover in the appropriate density to achieve complete cover within two years. Mulch may only be used around the base of the plant material to retain moisture. 4. Perimeter landscape or pedestrian walls are required for all parking lots and shall be established along the road and edges of the parking lot. The landscape treatment or pedestrian wall shall run the full length of the parking lot and be located between the property line and the edge of the parking lot as follows: a. Perimeter parking lot landscaping adjacent the road shall be at least ten feet in width, as measured from the property line or edge of a private road to the back of curb. b. The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. c. Perimeter parking lot landscaping along the rear and sides of a parking lot (not adjacent the road) shall be planted with a minimum of 50 percent ground cover approved by the city to achieve complete cover within two years. Mulch may only be used around the base of the plant material to retain moisture. d. In lieu of, or in addition to, perimeter parking lot landscaping, a pedestrian wall along the perimeter of the parking lot may be constructed. The pedestrian wall is limited to four feet in height, must be at least 80 percent opaque and must be architecturally compatible to the principal building or development. 5. Over story trees are required at regular intervals along the road to help define the H3, Attachment 8 Council Packet Page Number 308 of 370 Page 30 of 30 road edge, to buffer pedestrians from vehicles and to provide shade. The over story trees shall be located in a planting strip at least five feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. Tree Preservation Recommendation: 1. Revised Landscape Plan - The applicant should submit a revised landscape plan showing the following details: a. Sidewalk to be constructed along Frost Avenue. b. Trees to be installed along Frost Avenue right-of-way as part of the Gladstone Phase 2 street improvements. c. Addition of at least two trees to be installed by the applicant in or near the English Street right-of-way to replace the two trees removed with the construction of the driveway. d. Landscape requirements per the Mixed-Use Zoning District including: 1) Landscape Islands: a) One overstory tree with a trunk size a minimum of two-and- one-half inches in caliper shall be provided for every landscape island. b) A minimum of 50 percent of every landscape island shall be planted with an approved ground cover in the appropriate density to achieve complete cover within two years. Mulch may only be used around the base of the plant material to retain moisture. 2) Perimeter Parking Lot Landscaping: a) The primary plant materials used in perimeter parking lot landscaping adjacent the road shall be over story trees. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the over story trees, but shall not be the sole contribution to such landscaping. 3) Over story trees are required at regular intervals along the road to help define the road edge, to buffer pedestrians from vehicles and to provide shade. The over story trees shall be located in a planting strip at least five feet wide between curb and sidewalk, or in a planting structure of design acceptable to the city. H3, Attachment 8 Council Packet Page Number 309 of 370 §¨¦694 §¨¦494 §¨¦35 §¨¦94 Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1955 English Street - Villages at Frost and English Proposed TIF Area TIF AREA H3, Attachment 9 Council Packet Page Number 310 of 370 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 5, 2015 6. NEW BUSINESS b. Approval of a Resolution Finding Proposed TIF District in Conformance with 2030 Comprehensive Plan, Villages at Frost-English i. Planner, Michael Martin introduced the item for discussion. ii. Assistant Vice President, Tom Denaway, Springsted, Inc. gave the TIF presentation and addressed and answered questions of the commission. Commissioner Trippler moved to approve the Resolution Finding the Proposed TIF Plan and proposed Villages at Frost-English project in conformance with the 2030 Comprehensive Plan. Seconded by Commissioner Ige. Ayes – All The motion passed. This item goes to the city council on Tuesday, May 26, 2015. H3, Attachment 10 Council Packet Page Number 311 of 370 DRAFT MINUTES OF THE HOUSING AND ECONOMIC DEVELOPMENT COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA 7:00 P.M., WEDNESDAY, MAY 13, 2015 5. NEW BUSINESS b. Approval of Redevelopment Tax Increment Financing District, Villages at Frost-English, 1955 English Street i. Planner, Michael Martin introduced the item and turned the presentation over to Tom Denaway from Springsted, Inc. ii. Tom Denaway, Springsted, Inc. addressed and gave a presentation to the commission. iii. Shane LaFave, Sherman Associates, addressed and answered questions of the commission. Commissioner Unger moved to recommend the TIF Plan to support the Villages at Frost- English redevelopment project. Seconded by Commissioner Gansluckner – Ayes – Commissioner’s Ganslucker, Lewis & Unger Nays – Commissioner’s Jenkins & Acting Chairperson Tkachuck The motion passed. Commissioner Jenkins will attend the city council meeting for the public hearing on Tuesday, May 26, 2015. H3, Attachment 11 Council Packet Page Number 312 of 370 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: May 19, 2015 SUBJECT: Approval of Conditional Use Permit Revisions for Outdoor Storage and a Commercial Building within 350 Feet of a Residential District, Laughlin Pest Control, 1055 Gervais Avenue Introduction Michael and Sue Laughlin are proposing to buy the property located at 1055 Gervais Avenue to operate their pest control and snow removal business. The property is currently used by a business which provides dumpsters to remodeling projects and currently has conditional use permits (CUP) for outdoor storage and to allow a commercial building within 350 feet of a commercial district. The current CUPs are very specific to what business can operate on site and what can be stored outside, so CUP revisions are required for the Laughlin’s to use this property. In addition, the Laughlin’s are proposing to convert the single-family dwelling on site into an office for the business. The single-family home is currently a legal non-conforming use, so the transition into office space is permitted via zoning but must meet all current zoning and building code requirements. Background May 8, 2000: the city council approved a CUP and the project design plans for a business called Fresh Paint. These approvals were for the business to build a new office/warehouse building with a hard surfaced parking lot on the property at 1055 Gervais Avenue. The owner of Fresh Paint, however, decided to not go forward with the proposed development and eventually sold the property. September 26, 2005: the city council approved CUPs allowing outdoor storage and a commercial building within 350 feet of a residential district for K and W Roll-Offs. Discussion Michael and Sue Laughlin are requesting the city amend the CUPs for 1055 Gervais Avenue to allow them to operate a pest control and snow removal business from this site. The home on site would also be converted to office space, which is permitted under the zoning of this property. The CUPs were specifically written to only allow a roll-off business on this site so any change in use required a revision to the CUPs. The applicant’s have stated they are aware of the current requirements of the CUPs and only are requesting the revision to allow their business. J1 Council Packet Page Number 313 of 370 Hard Surface Parking Requirement The CUPs limited the specific use of the property because K and W Roll-Offs had requested the city council exempt the business from the ordinance requirement of providing an improved, hard surface parking lot because of the damage its heavy equipment (roll-off containers) could potentially have on a parking lot. In the 2005 staff report it was noted that the city council at anytime, via the CUP, could require the lot to be improved and the following condition of approval was included with the CUP: 7. The city council may require more parking spaces should the need arise. As noted in the staff engineer’s report, which is attached, since the reason for allowing the exemption of requiring an improved, hard surface would be eliminated, the city ordinance requirement that “All parking lots and associated driveways shall have a surface of bituminous material or concrete” should be enforced. Staff is recommending that any licensed and operable vehicles and trailers be stored on an improved, hard surface – as required by ordinance – but that any other exterior storage related to the business be allowed to occur on an existing gravel surface. The city’s building official stated in his comments that accessible parking needs to be provided for this site – due to the conversion of the house to office space – and that it must be hard surfaced. The city’s parking code requires a parking space for every 200 square feet of office space. According to Ramsey County the existing home has 1,008 square feet of finished space, meaning at least six parking stalls be provided. Below are images of the approved site plan from 2005 and a 2011 aerial photo of the property (images are also attached to the report) and it shows the area that was supposed to be gravel has grown beyond what was approved. Also, in the 2005 design plans approval – see attached city council minutes – the 20-wide driveway between Gervais Avenue and the storage yard was required to be hard surfaced but this requirement was never completed. Approved site plan (left) and 2011 aerial photo J1 Council Packet Page Number 314 of 370 Wetland Requirements As noted in the environment planner’s report, which is attached, the city’s wetland regulations have been amended since 2005. There is a Manage B wetland located to the north of the property, which requires a 75-foot buffer. The rear property line of 1055 Gervais Avenue is located approximately 31 feet to the Manage B wetland edge. This means that the rear 44 feet of the property is within the wetland buffer and any development and construction in this area must comply with the City’s wetland ordinance Department Review Fire Marshall, Butch Gervais – Converting house to office space requires the structure must meet current fire protection systems according to state and local ordinances. Must have minimum 20- foot access drive for fire department. Building Official, Nick Carver – At least one accessible building entrance required. Interior accessible route to the primary function area required. Accessible, hard surface parking space, access aisle, hard surface accessible route required. At least one accessible restroom required. Staff Engineer, Jon Jarosch – See attached report. Environmental Planner, Shann Finwall – See attached report. Commission Review On May 5, 2015, the planning commission reviewed the proposed revisions to the conditional use permits for this site and recommended approval. The planning commission added language to the conditions to reinforce the wetland buffer requirements and added “animal” to pest control to better reflect the proposed use. Budget Impact None. Recommendations A. Approve the attached conditional use permit revision resolution. This conditional use permit resolution approves outdoor storage on the property at 1055 Gervais Avenue. The city bases approval on the findings required by the code and subject to the following conditions (additions are underlined and deletions are crossed out): 1. The approved exterior storage is limited to roll-off containers equipment, trailers and vehicles associated with a roll-off delivery pest and animal control and snow removal business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. J1 Council Packet Page Number 315 of 370 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. This condition shall not prohibit business activity on the property during these hours so long as the business activity does not otherwise violate the provisions of the city ordinance regulating noise. 4. The proposed construction and the outdoor storage on the property 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. 5. The city council shall review this permit in one year. 6. The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. B. Approve the attached conditional use permit revision resolution. This conditional use permit allows a 40 by 49-foot storage building within the M-1 (light manufacturing) zoning district that is within 350 feet of a residential zoning district (at 1055 Gervais Avenue). This approval shall be subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll-off containers equipment, trailers and vehicles associated with a roll-off delivery pest and animal control and snow removal business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. This condition shall not prohibit business activity on the property during these hours so long as the business activity does not otherwise violate the provisions of the city ordinance regulating noise. 5. The proposed construction and the outdoor storage on the property 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. 6. The city council shall review this permit in one year. J1 Council Packet Page Number 316 of 370 7. The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. 10. The owner shall not make any changes or modifications to the north 44 feet of the property which will have a negative impact on the managed B wetland to the north of the property. Any changes or modifications proposed by the owner shall be submitted to the city for approval prior to implementation. Citizen Comments Staff surveyed the 36 property owners within 500 feet of this property for their comments about this proposal. Staff received three responses as follows: For 1. Thank you for the information regarding the CUP request for 1055 Gervais. We see no issues with the request. (Bergerson – 2471 Cypress Street) 2. I have met Mike and Sue Laughlin and their family on several occasions. They are very kind, honest, and moral people. I see no problems in issuing the CUP at 1055 Gervais Ave E for Laughlin Pest Control Company. (Scherping – 1055 Gervais Avenue) Comments 1. What would be the hours of the operation of their equipment – would they be different? Would there be more equipment causing oil, fuel and other harmful liquids running off into the water collection area behind our property? (Kern – 1032 Sextant Avenue) Reference Information Site Description Site Size: 38,550 square feet (.88 acres) Existing Land Use: Single dwelling and storage yard Surrounding Land Uses North: Single Family Homes South: Businesses across Gervais Avenue East: Vacant property planned C and zoned M-1 West: A single dwelling planned C and zoned M-1 J1 Council Packet Page Number 317 of 370 Planning Land Use Plan: C (commercial) Zoning: M-1 (light manufacturing) Ordinance Requirements Section 44-512(4) requires a CUP for the exterior storage of goods or materials. Section 44-637(b) requires a CUP for any building or exterior use within 350 feet of a residential district. Application Date The city received a complete CUP application for this request on April 20, 2015. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal. Therefore, city action is required on this request by June 19, 2015. Attachments 1. Location Map 2. Land Use Map 3. Zoning Map 4. Site Map 5. 2005 Site Plan 6. September 26, 2005 City Council Minutes 7. Applicant’s Narrative 8. Engineering Report, Jon Jarosch, dated April 28, 2015 9. Environmental Report, Shann Finwall, dated April 28, 2015 10. Draft Planning Commission Minutes, May 5, 2015 11. Resolution for a Conditional Use Permit Revision for Exterior Storage 12. Resolution for a Conditional Use Permit Revision for a Commercial Building J1 Council Packet Page Number 318 of 370 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1055 Gervais Avenue - Laughlin's Pest Contol Company Conditional Use Permit Revision - Overview Map J1, Attachment 1 Council Packet Page Number 319 of 370 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1055 Gervais Avenue - Laughlin's Pest Contol Company Conditional Use Permit Revision - Land Use Map Legend Low Density Residential Commercial J1, Attachment 2 Council Packet Page Number 320 of 370 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1055 Gervais Avenue - Laughlin's Pest Contol Company Conditional Use Permit Revision - Zoning Map Legend Single Dwelling (r1) Light Manufacturing (m1) J1, Attachment 3 Council Packet Page Number 321 of 370 Maplewood, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1055 Gervais Avenue - Laughlin's Pest Contol Company Conditional Use Permit Revision - Site Map J1, Attachment 4 Council Packet Page Number 322 of 370 J1, Attachment 5 Council Packet Page Number 323 of 370 8LIGMX GSHIGYVVIRXP VIEHW 7IG EMZIVSJPMGIRWISVTIVQMXJIIJSVGMX IZIRXW 8LIGMX GSYRGMPQE EMZIER VIUYMVIQIRXWJSVTE QIRXSJEPMGIRWIJIISVTIVQMXJIIJSVER GMX WTSRWSVIHIZIRX 7XEJJMWVIUYIWXMRKXLEXXLIGYVVIRXGSHIFIEQIRHIHXSTIVQMXEHQMRMWXVEXMZIETTVSZEPSRXLIWI R JII EMZIVXLEXVIUYIWXWMRXS MGEXMRKPMUYSV SYPHGSRXMRYIXSFIXTIWSJJIIEMZIVW FVSYKLXXSGSYRGMPJSVETTVSZEP 7IG EMZIVSJPMGIRWISVTIVQMXJIIJSVGMX IZIRXW QEREKIVSVLMWHIWMKRII8LIGMXGSYRGMPQE EMZIER VIUYMVIQIRXWJSVTE QIRXSJEPMGIRWI PSGEPSVKERM EXMSRW RSRTVSJMXWERHWJIISVTIVQMXJIIJSVERGMXWTSRWSVIHIZIRX SYRGMPQIQFIV YIRIQERRQSZIHXSETTVSZIGSRWIRXEKIRHEMXIQW 7IGSRHIHF SYRGMPQIQFIV STTIR IW PP 49 0 62 7 2SRI 6 3 7 EVHSJ MH QFYPERGI E MX 1EREKIV YVWQERTVIWIRXIHXLIVITSVX F MVI LMIJ0YOMRTVIWIRXIHWTIGMJMGWJVSQXLIVITSVX SYRGMPQIQFIV YIRIQERRQSZIHXSE EVHXLIFMHSJ XS6SEH6IWGYIJSVERI EQFYPERGIJSVXLI MVI ITEVXQIRX 7IGSRHIHF SYRGMPQIQFIV STTIR IW PP 92 27 972 77 2SRI 2 972 77 LYWLZMRHIV7MRKL3JJ 7EPI RXS MGEXMRK0MUYSV0MGIRWI 0MUYSV7XSVI MX PIVO YMPJSMPIMRJSVQIHGSYRGMPXLEX1V 7MRKL MXLHVI LMWVIUYIWXJSVERMRXS MGEXMRK PMUYSVPMGIRWI ERH 6SPP SJJW PIVZEMW ZIRYI E SRHMXMSREP9WI4IVQMX 3YXHSSV7XSVEKI F SRHMXMSREP9WI4IVQMX SQQIVGMEP YMPHMRK MXLMR JIIXSJVIWMHIRXMEPHMWXVMGX G IWMKR TTVSZEP E MX 1EREKIV YVWQERTVIWIRXIHXLIVITSVX F WWMWXERX MX 1EREKIV SQQYRMX IZIPSTQIRX MVIGXSV SPIQERTVIWIRXIHWTIGMJMGW JVSQXLIVITSVX MX SYRGMP1IIXMRK J1, Attachment 6 Council Packet Page Number 324 of 370 G SQQMWWMSRIV EG VS WOMVITVIWIRXMRKXLI4PERRMRK SQQMWWMSR EWTVIWIRXXSKMZIE VITSVX H SEVHQIQFIV0SRKVMIVITVIWIRXMRKXLI SQQYRMX IWMKR6IZMI SEVH EWTVIWIRXXS KMZIEVITSVX H 8LIETTPMGERXW VMWXSTLIVERH IWPI 7GLIVTMRK IVITVIWIRXXSERW IVUYIWXMSRWJVSQ XLIGSYRGMP I 8LIJSPPS MRKTIVWSRW IVILIEVH 8SQ IMFIP S RIVSJTVSTIVX EX EWX MKL E 8SQ IMFIP WIGSRHETTIEVERGI SYRGMPQIQFIV STTIRQSZIHXSEHSTXXLIJSPPS MRKVIWSPYXMSRETTVSZMRKEGSRHMXMSREPYWITIVQMX JSVXLISYXHSSVWXSVEKISJVSPP SJJGSRXEMRIVW XVEMPIVWERHEWWSGMEXIHQEXIVMEPWSRXLITVSTIVX EX IVZEMW ZIRYI 32 832 097 4 6186 7309832 6 7 1V VMWXSTLIV7GLIVTMRK VITVIWIRXMRK ERH 6SPP SJJW ETTPMIHJSVEGSRHMXMSREPYWI TIVQMX 94 XSLEZIERSYXHSSVWXSVEKIEVIE 6 7 XLMWTIVQMXETTPMIWXSTVSTIVX EX IVZEMW ZIRYI 6 7 XLIPIKEPHIWGVMTXMSRSJXLITVSTIVX MW 8LI7SYXL JIIXSJXLI EWX JIIXSJXLI2SVXL IWX5YEVXIVSJ7IGXMSR 8S RWLMT 6ERKI 6EQWI SYRX 1MRRIWSXE 42 6 7 XLILMWXSV SJXLMWGSRHMXMSREPYWITIVQMXMWEWJSPPS W 3R7ITXIQFIV XLITPERRMRKGSQQMWWMSRLIPHETYFPMGLIEVMRK 8LIGMX WXEJJTYFPMWLIHE RSXMGIMRXLITETIVERHWIRXRSXMGIWXSXLIWYVVSYRHMRKTVSTIVX S RIVW 8LITPERRMRKGSQQMWWMSR KEZITIVWSRWEXXLILIEVMRKEGLERGIXSWTIEOERHTVIWIRX VMXXIRWXEXIQIRXW 8LIGSQQMWWMSR EPWSGSRWMHIVIHVITSVXWERHVIGSQQIRHEXMSRWSJXLIGMX WXEJJ 8LITPERRMRKGSQQMWWMSR VIGSQQIRHIHXLEXXLIGMX GSYRGMPETTVSZIXLIGSRHMXMSREPYWITIVQMX 3R7ITXIQFIV XLIGMX GSYRGMPHMWGYWWIHXLITVSTSWIHGSRHMXMSREPYWITIVQMX 8LI GSRWMHIVIHVITSVXWERHVIGSQQIRHEXMSRWJVSQXLITPERRMRKGSQQMWWMSRERHGMX WXEJJ 23 8 6 36 86 730 XLEXXLIGMX GSYRGMPETTVSZIXLIEFSZI HIWGVMFIHGSRHMXMSREP YWITIVQMX FIGEYWI 8LIYWI SYPHFIPSGEXIH HIWMKRIH QEMRXEMRIH GSRWXVYGXIHERHSTIVEXIHXSFIMRGSRJSVQMX MXLXLIGMX WGSQTVILIRWMZITPERERHGSHISJSVHMRERGIW 8LIYWI SYPHRSXGLERKIXLII MWXMRKSVTPERRIHGLEVEGXIVSJXLIWYVVSYRHMRKEVIE 8LIYWI SYPHRSXHITVIGMEXITVSTIVX ZEPYIW 8LIYWI SYPHRSXMRZSPZIER EGXMZMX TVSGIWW QEXIVMEPW IUYMTQIRXSVQIXLSHWSJSTIVEXMSR XLEX SYPHFIHERKIVSYW LE EVHSYW HIXVMQIRXEP HMWXYVFMRKSVGEYWIERYMWERGIXSER TIVWSR SVTVSTIVX FIGEYWISJI GIWWMZIRSMWI KPEVI WQSOI HYWX SHSV JYQIW EXIVSVEMVTSPPYXMSR HVEMREKI EXIVVYR SJJ ZMFVEXMSR KIRIVEPYRWMKLXPMRIWW IPIGXVMGEPMRXIVJIVIRGISVSXLIV RYMWERGIW MX SYRGMP1IIXMRK J1, Attachment 6 Council Packet Page Number 325 of 370 8LIYWI SYPHKIRIVEXISRP QMRMQEPZILMGYPEVXVEJJMGSRPSGEPWXVIIXWERH SYPHRSXGVIEXI XVEJJMGGSRKIWXMSRSVYRWEJIEGGIWWSRI MWXMRKSVTVSTSWIHWXVIIXW 8LIYWI SYPHFIWIVZIHF EHIUYEXITYFPMGJEGMPMXMIWERHWIVZMGIW MRGPYHMRKWXVIIXW TSPMGIERH JMVITVSXIGXMSR HVEMREKIWXVYGXYVIW EXIVERHWI IVW WXIQW WGLSSPWERHTEVOW 8LIYWI SYPHRSXGVIEXII GIWWMZIEHHMXMSREPGSWXWJSVTYFPMGJEGMPMXMIWSVWIVZMGIW 8LIYWI SYPHQE MQM IXLITVIWIVZEXMSRSJERHMRGSVTSVEXIXLIWMXI WREXYVEPERHWGIRMG JIEXYVIWMRXSXLIHIZIPSTQIRXHIWMKR 8LIYWI SYPHGEYWIQMRMQEPEHZIVWIIRZMVSRQIRXEPIJJIGXW TTVSZEPMWWYFNIGXXSXLIJSPPS MRKGSRHMXMSRW PPGSRWXVYGXMSRWLEPPJSPPS XLITVSNIGXTPERWEWETTVSZIHF XLIGMX 8LMWWLEPPMRGPYHI TVSZMHMRKEHVMZI E XSXLIKEXISJXLIWXSVEKI EVH WYFNIGXXSXLIVIUYMVIQIRXWSJXLIJMVI QEVWLEP 8LIETTVSZIHI XIVMSVWXSVEKIMWPMQMXIHXSVSPP SJJGSRXEMRIVW XVEMPIVWERHZILMGPIWEWWSGMEXIH MXLEVSPP SJJHIPMZIV FYWMRIWW PPZILMGPIWQYWXFIPMGIRWIHERHSTIVEFPI 8LIS RIVSVETTPMGERXMRWXEPPMRKERHQEMRXEMRMRKEWGVIIRMRKJIRGIXLEXMW TIVGIRXSTEUYI EVSYRHXLITIVMQIXIVSJXLISYXHSSVWXSVEKIEVIE 8LIS RIVWLEPPQEMRXEMRERHVITEMVXLI JIRGIWSXLEXMXVIQEMRWMRKSSHGSRHMXMSRERH TIVGIRXSTEUYI 8LIVIWLEPPFIRSRSMWI QEOMRKFYWMRIWWEGXMZMX GSRHYGXIHMRXLITVSTIVX SVQEHIF ZILMGPIWIRXIVMRKSVPIEZMRKXLIPSX FIX IIR T Q ERH E Q 1SRHE XLVSYKL7EXYVHE ERH SR7YRHE EWVIUYMVIHF GMX GSHI 8LITVSTSWIHGSRWXVYGXMSRERHXLISYXHSSVWXSVEKISRXLITVSTIVX QYWXFIWYFWXERXMEPP WXEVXIH MXLMRSRI IEVSJGSYRGMPETTVSZEPSVXLITIVQMXWLEPPFIGSQIRYPPERHZSMH 8LI GSYRGMPQE I XIRHXLMWHIEHPMRIJSVSRI IEV 8LIGMX GSYRGMPWLEPPVIZMI XLMWTIVQMXMRSRI IEV 8LIGMX GSYRGMPQE VIUYMVIQSVITEVOMRKWTEGIWWLSYPHXLIRIIHEVMWI 8LITVSTIVX S RIVWLEPPOIITXLIWMXIGPIERSJHIFVMWERHWLEPPGYXSVVIQSZIER RS MSYW IIHW 8LIS RIVWERHSTIVEXSVWWLEPPSRP YWI1ETPI SSH VMZIERH IVZEMW ZIRYIJSVEGGIWWXS XLIWMXI 8LIVIWLEPPFIRSXVYGOXVEJJMGJVSQXLMWFYWMRIWWSR TVIWW7XVIIX 7IGSRHIHF SYRGMPQIQFIV YIRIQERR IW SYRGMPQIQFIVW STTIR YIRIQERR 2E SYRGMPQIQFIV6SWWFEGL FWXEMR1E SV EVHMREP SXIGEVVMIHF QENSVMX SYRGMPQIQFIV STTIRQSZIHXSEHSTXXLIJSPPS MRKVIWSPYXMSRETTVSZMRKEGSRHMXMSREPYWITIVQMX JSVXLIGSRWXVYGXMSRSJE F JSSXWXSVEKIFYMPHMRK MXLMRXLI1 PMKLXQERYJEGXYVMRK SRMRK HMWXVMGXXLEX SYPHFI MXLMR JIIXSJEVIWMHIRXMEP SRMRKHMWXVMGX EX IVZEMW ZIRYI MX SYRGMP1IIXMRK J1, Attachment 6 Council Packet Page Number 326 of 370 32 832 097 4 6186 7309832 6 7 1V VMWXSTLIV7GLIVTMRK VITVIWIRXMRK ERH 6SPP SJJW ETTPMIHJSVEGSRHMXMSREPYWI TIVQMX 94 XSGSRWXVYGXEGSQQIVGMEPFYMPHMRK MXLMR JIIXSJEVIWMHIRXMEPHMWXVMGX 6 7 XLMWTIVQMXETTPMIWXSTVSTIVX EX IVZEMW ZIRYI 6 7 XLIPIKEPHIWGVMTXMSRSJXLITVSTIVX MW 8LI7SYXL JIIXSJXLI EWX JIIXSJXLI2SVXL IWX5YEVXIVSJ7IGXMSR 8S RWLMT 6ERKI 6EQWI SYRX 1MRRIWSXE 42 6 7 XLILMWXSV SJXLMWGSRHMXMSREPYWITIVQMXMWEWJSPPS W 3R7ITXIQFIV XLITPERRMRKGSQQMWWMSRLIPHETYFPMGLIEVMRK 8LIGMX WXEJJTYFPMWLIHE RSXMGIMRXLITETIVERHWIRXRSXMGIWXSXLIWYVVSYRHMRKTVSTIVX S RIVW 8LITPERRMRKGSQQMWWMSR KEZITIVWSRWEXXLILIEVMRKEGLERGIXSWTIEOERHTVIWIRX VMXXIRWXEXIQIRXW 8LIGSQQMWWMSR EPWSGSRWMHIVIHVITSVXWERHVIGSQQIRHEXMSRWSJXLIGMX WXEJJ 8LITPERRMRKGSQQMWWMSR VIGSQQIRHIHXLEXXLIGMX GSYRGMPETTVSZIXLIGSRHMXMSREPYWITIVQMX 3R7ITXIQFIV XLIGMX GSYRGMPHMWGYWWIHXLITVSTSWIHGSRHMXMSREPYWITIVQMX 8LI GSRWMHIVIHVITSVXWERHVIGSQQIRHEXMSRWJVSQXLITPERRMRKGSQQMWWMSRERHGMX WXEJJ 23 8 6 36 86 730 XLEXXLIGMX GSYRGMPETTVSZIXLIEFSZI HIWGVMFIHGSRHMXMSREP YWITIVQMX FIGEYWI 8LIYWI SYPHFIPSGEXIH HIWMKRIH QEMRXEMRIH GSRWXVYGXIHERHSTIVEXIHXSFIMRGSRJSVQMX MXLXLIGMX WGSQTVILIRWMZITPERERHGSHISJSVHMRERGIW 8LIYWI SYPHRSXGLERKIXLII MWXMRKSVTPERRIHGLEVEGXIVSJXLIWYVVSYRHMRKEVIE 8LIYWI SYPHRSXHITVIGMEXITVSTIVX ZEPYIW 8LIYWI SYPHRSXMRZSPZIER EGXMZMX TVSGIWW QEXIVMEPW IUYMTQIRXSVQIXLSHWSJSTIVEXMSR XLEX SYPHFIHERKIVSYW LE EVHSYW HIXVMQIRXEP HMWXYVFMRKSVGEYWIERYMWERGIXSER TIVWSR SVTVSTIVX FIGEYWISJI GIWWMZIRSMWI KPEVI WQSOI HYWX SHSV JYQIW EXIVSVEMVTSPPYXMSR HVEMREKI EXIVVYR SJJ ZMFVEXMSR KIRIVEPYRWMKLXPMRIWW IPIGXVMGEPMRXIVJIVIRGISVSXLIV RYMWERGIW 8LIYWI SYPHKIRIVEXISRP QMRMQEPZILMGYPEVXVEJJMGSRPSGEPWXVIIXWERH SYPHRSXGVIEXI XVEJJMGGSRKIWXMSRSVYRWEJIEGGIWWSRI MWXMRKSVTVSTSWIHWXVIIXW 8LIYWI SYPHFIWIVZIHF EHIUYEXITYFPMGJEGMPMXMIWERHWIVZMGIW MRGPYHMRKWXVIIXW TSPMGIERH JMVITVSXIGXMSR HVEMREKIWXVYGXYVIW EXIVERHWI IVW WXIQW WGLSSPWERHTEVOW 8LIYWI SYPHRSXGVIEXII GIWWMZIEHHMXMSREPGSWXWJSVTYFPMGJEGMPMXMIWSVWIVZMGIW 8LIYWI SYPHQE MQM IXLITVIWIVZEXMSRSJERHMRGSVTSVEXIXLIWMXI WREXYVEPERHWGIRMG JIEXYVIWMRXSXLIHIZIPSTQIRXHIWMKR 8LIYWI SYPHGEYWIQMRMQEPEHZIVWIIRZMVSRQIRXEPIJJIGXW TTVSZEPMWWYFNIGXXSXLIJSPPS MRKGSRHMXMSRW 8LIETTVSZIHI XIVMSVWXSVEKIMWPMQMXIHXSVSPP SJJGSRXEMRIVW XVEMPIVWERHZILMGPIWEWWSGMEXIH MXLEVSPP SJJHIPMZIV FYWMRIWW PPZILMGPIWQYWXFIPMGIRWIHERHSTIVEFPI MX SYRGMP1IIXMRK J1, Attachment 6 Council Packet Page Number 327 of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ttachment 6 Council Packet Page Number 328 of 370 H IGSRWMWXIRX MXLXLIETTVSZIHKVEHMRKERHPERHWGETITPERWERHWLEPPWLS RS XVIIVIQSZEPFI SRHXLIETTVSZIHKVEHMRKERHXVIIPMQMXW 8LIHIWMKRSJXLITSRHMRKEVIEERHXLIVEMR EXIVKEVHIR W WLEPPFIWYFNIGXXSXLI ETTVSZEPSJXLIGMX IRKMRIIV 8LIHIZIPSTIVWLEPPFIVIWTSRWMFPIJSVKIXXMRKER RIIHIHSJJ WMXIYXMPMX KVEHMRKSVHVEMREKIIEWIQIRXWERHJSVVIGSVHMRKEPPRIGIWWEV IEWIQIRXW F 7YFQMXEGIVXMJMGEXISJWYVZI JSVEPPRI GSRWXVYGXMSRERHLEZIXLIWXSVEKIFYMPHMRKWXEOIHF E VIKMWXIVIHPERHWYVZI SV G 7YFQMXEVIZMWIHPERHWGETITPERXSWXEJJJSVETTVSZEP LMGLMRGSVTSVEXIWXLIJSPPS MRKHIXEMPW PPPE REVIEWWLEPPFIWSHHIH 8LIGMX IRKMRIIVWLEPPHIXIVQMRIXLIZIKIXEXMSR MXLMR XLITSRHMRKEVIE 8LIEHHMXMSRSJXVIIWJSVWGVIIRMRKEPSRKXLIRSVXLWMHISJXLIWMXI 8LIHIZIPSTIVWLEPPMRWXEPPPERHWGETMRKMRXLITSRHMRKEVIEXSFVIEOXLIETTIEVERGISJ XLIHIITLSPIERHXSTVSQSXIMRJMPXVEXMSR 7YGLPERHWGETMRKWLEPPFIETTVSZIHF XLIGMX IRKMRIIVERHWLEPPFIWLS RSRXLITVSNIGXPERHWGETITPERW 8LIQERMGYVIHSVQS IHEVIEWJVSQXLIREXYVEPEVIEW 8LMWWLEPPMRGPYHITPERXMRK MRWXIEHSJWSHHMRK XLIHMWXYVFIHEVIEWEVSYRHXLITSRHMRKEVIE MXLREXMZIKVEWWIWERH REXMZIJPS IVMRKTPERXW 8LIREXMZIKVEWWIWERHJPS IVMRKTPERXWWLEPPFIXLSWIRIIHMRK PMXXPISVRSQEMRXIRERGIERHWLEPPI XIRHEXPIEWXJSYVJIIXJVSQXLISVHMREV LMKL EXIV QEVO 3 1 SJXLITSRH 8LMWMWXSVIHYGIQEMRXIRERGIGSWXWERHXSVIHYGIXLI XIQTXEXMSRSJQS IVWXSIRGVSEGLMRXSXLIKEVHIRW 7TIGMJMGEPP XLIHIZIPSTIVWLEPPLEZI XLIREXYVEPEVIEWWIIHIH MXLERYTPERHQM XYVIERHPS PERHQM XYVIWEWETTVSTVMEXI REHHMXMSRXSXLIEFSZI XLIGSRXVEGXSVWLEPPWSHEPPJVSRX WMHIERHVIEV EVHEVIEWI GITX JSVQYPGLIHERHIHKIHTPERXMRKFIHWERHXLIEVIE MXLMRXLITSRHMRKEVIE HHMRKEXPIEWXWM QSVIIZIVKVIIRXVIIW PEGO MPPWWTVYGISV YWXVMERTMRIW EPSRKXLI RSVXLTVSTIVX PMRISJXLIWMXI 8LIWIXVIIWEVIXSFIEXPIEWXIMKLXJIIXXEPP ERHXLI GSRXVEGXSVWLEPPTPERXXLIWIXVIIWMRWXEKKIVIHVS WXSTVSZMHIWGVIIRMRKJSVXLILSYWIWXS XLIRSVXL 7LEPPFIETTVSZIHF XLIGMX IRKMRIIVFIJSVIWMXIKVEHMRKERHWLEPPFIGSRWMWXIRX MXLXLI ETTVSZIHKVEHMRKERHPERHWGETITPERW H 4VIWIRXXSWXEJJJSVETTVSZEPGSPSVIHFYMPHMRKIPIZEXMSRWSVFYMPHMRKQEXIVMEPWEQTPIWSJXLI EPP TERIPW WXERHMRKWIEQVSSJ XVMQ HSSVW EMRWGSX ERHJIRGIWPEXW 8LIWIIPIZEXMSRWWLSYPH GPIEVP WLS XLIGSPSVWERHQEXIVMEPWSJXLITVSTSWIHWXSVEKIWLIH I VIZMWIHWMXITPERWLS MRKXLIHVMZI E MXLE MHXLSJEXPIEWX JIIXXLEXMWTEZIHFIX IIR XLIWXVIIXERHXLIWXSVEKIPSX R KEXIEPSRKXLMWHVMZI E EPWSQYWXSTIRXSE JSSX MHXL J 8LIVIUYMVIQIRXJSVYRHIVKVSYRHMVVMKEXMSRMW EMZIHMJXLIETTPMGERXWERHS RIVWEKVIIXS LERH EXIVEPPPERHWGETMRKERHXLEXXLI EKVIIXSVITPEGIER VIUYMVIHPERHWGETIQEXIVMEPXLEX HMIW K JXLIVIMWXSFIER EHHMXMSREPSYXHSSVPMKLXMRK ETLSXSQIXVMGTPERWLS MRKXLEXER JVIIWXERHMRKPMKLXW SYPHRSXI GIIH JIIXMRLIMKLX MRGPYHMRKXLIFEWI ERHXLIPMKLX MPPYQMREXMSRJVSQER SYXHSSVPMKLX SYPHRSXI GIIH JSSXGERHPIWEXEPPTVSTIVX PMRIW L JXVEWLMWXSFIWXSVIHSYXWMHISJXLILSYWISVXLIWXSVEKIFYMPHMRK TPERWJSVEXVEWL HYQTWXIV MX SYRGMP1IIXMRK J1, Attachment 6 Council Packet Page Number 329 of 370 IRGPSWYVIMWVIUYMVIH 8LIIRGPSWYVIQYWXLEZIKEXIWXLEXEVI TIVGIRXSTEUYI ERHXLI QEXIVMEPWERHGSPSVWSJXLIIRGPSWYVIWLEPPFIGSQTEXMFPI MXLXLSWISJXLIQIXEPFYMPHMRK M 8LIGMX ETTVSZIWXLIPMQIWXSRITEVOMRKWYVJEGIJSVXLMWFYWMRIWW MXLXLIGSRHMXMSRWXLEXXLI S RIVWRSX EWLSVGPIERXLIVSPP SJJGSRXEMRIVWSRXLIWMXIERHXLEXXLISTIVEXSVWRSXWXSVIER SVKERMGQEXIVMEPWSVKEVFEKIMRXLIVSPP SJJGSRXEMRIVW N PIXXIVSJGVIHMXSVGEWLIWGVS JSVEPPVIUYMVIHI XIVMSVMQTVSZIQIRXW 8LIEQSYRXWLEPPFI 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TIVGIRXSTEUYIWGVIIRSRXLIWIWMHIWSJXLIWMXI 8LIPSGEXMSR HIWMKRERH QEXIVMEPWSJXLIJIRGISVXLIEHHMXMSREPPERHWGETMRKWLEPPFIWYFNIGXXSGMX WXEJJETTVSZEP K SRWXVYGXEXVEWLHYQTWXIVIRGPSWYVIMJXLIVI MPPFIER SYXHSSVWXSVEKISJVIJYWI 8LI IRGPSWYVIQYWXQEXGLXLIFYMPHMRKMRGSPSVERHQEXIVMEPWERHWLEPPLEZIEGPSWIEFPIKEXIXLEXMW TIVGIRXSTEUYI L 8LIHIZIPSTIVSVGSRXVEGXSVWLEPP SQTPIXIEPPKVEHMRKJSVXLIWMXIHVEMREKI GSQTPIXIEPPTYFPMGMQTVSZIQIRXWERHQIIX EPPGMX VIUYMVIQIRXW 4PEGIXIQTSVEV SVERKIWEJIX JIRGMRKERHWMKRWEXXLIKVEHMRKPMQMXW 6IQSZIER HIFVMWSVNYROJVSQXLIWMXI RWXEPPEPPVIUYMVIHI XIVMSVMQTVSZIQIRXWMRGPYHMRKXLITEVOMRKERHWXSVEKIPSX MRWXEPPEXMSRSJPERHWGETMRK MRWXEPPEXMSRSJJIRGIWPEXW MRWXEPPEXMSRSJXLITSRHMRKEVIE IXG FIJSVISGGYT MRKXLIFYMPHMRK MX SYRGMP1IIXMRK J1, Attachment 6 Council Packet Page Number 330 of 370 M JXLIS RIVW ERXXSMRWXEPPER WMXI WIGYVMX PMKLXMRK XLI QYWXHSWSEWEPPS IHF XLIGMX GSHI R PMKLXWSYVGIW MRGPYHMRKXLIPIRWGSZIVMRKXLIFYPF WLEPPFIGSRGIEPIHSVWLMIPHIHWS RSXXSGEYWIER 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Council Packet Page Number 331 of 370 EXHIBIT B WRITTEN STATEMENT DESCRIBING INTENDED USE OF PROPERTY AT 1055 GERVAIS AVENUE, MAPLEWOOD, MN AND WrrY CITY SHOULD APPROVE REQ[TEST A. Description of intended use of property: The applicants, Mike and Sue Laughlin, own and operate Laughlin's Pest Contol Company, Inc., piesently located at 1908 University Avenue, St. Paul, MN. Laughlin's Pest Control Company, Inc. has been in operation for more than 80 years, providing residential and commercial pest control services throughout the Twin Cities Metropolitan Area. The business also provides snow plowing services during the winter months. No manufactuing or processing of chemicals will occur on site - all pest control chemicals used by the business are manufactured by others and are stored and used strictly in accordance with all applicable regulations. Due to growth in the business over the past few years, the business requires additional secure, outside storage for its trucks, trailers and related equipment. The present location on University Avenue in St. Paul is no longer large enough to properly provide for the current and future needs of the business. The company is currently storing some of its equipment at a remote location and would like to consolidate everything to one location. A description of the items proposed to be stored outside is attached as Schedule 1. No alteration of the existing improvements is being proposed with this Application. B. Explanation of why the City should approve this request. The Applicant respectfully submits that the City should approve this request for the following reasons: 1. The only reason for amending the CUP is that the existing CUP limits outside storage to "roll-off containers, trailers and vehicles associated with a roll-offdelivery business", and Laughlin's Pest Conhol will have a different description of equipment proposed to be stored outside. Z. The property already has an existing CUP in place which allows a business use and oprrutior, including outside storage of related business equipment. The use proposed by the Applicant is no more intensive than the activities of K&W Roll-Offs allowed under the existing CUP. 3. To the best of the Applicant's knowledge, the subject property presently complies with all of the requiremen-ti under the existing CUP, and the Applicant intends to continue to operate the property in compliance with atl of the requirements of the existing CUP, (except for an amended description of the items allowed to be stored outside on the property). J1, Attachment 7 Council Packet Page Number 332 of 370 4. The use would not change the existing or planned character of the surrounding area and will not depreciate prgperry values. 5. The use will 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. 6. The use would generate only minimal vehicular traffrc on local steets and would not create traffrc congestion or unsafe access on existing or proposed steets. 7. The subject property is served by adequate public utilities, and will not create excessive additional costs for public facilities or seryices. 8. The use would cause minimal adverse environmental effects.2J1, Attachment 7 Council Packet Page Number 333 of 370 SCHEDULE■ Items proposed for outside storage would be: One Ton or smaller pickup Trucks [3 or 4 currently) Deer traps, each consisting of 2- 42"x42" panels and 3- 42"x68" panels all made of chainlink fence materials (26 currentlyJ. Truck mounted Sanders: 1.5 yard fit in the bed of L ton trucks [2 currently). 1. Bobcat trailer [Bobcat will be stored in the storage building). Snow Plows [5 or 6 currentlY). 4 Trailers - (currently 3 flatbed and 1 box trailer). All of the equipment is recent vintage and well maintained. J1, Attachment 7 Council Packet Page Number 334 of 370 Engineering Plan Review PROJECT: 1055 Gervais Avenue CUP Revision Request PROJECT NO: 15-07 COMMENTS BY: Jon Jarosch – Civil Engineer II DATE: 4-28-2015 The applicant is requesting a revision to the existing conditional use permit for 1055 Gervais Avenue to allow the outdoor storage of pest control and snow removal equipment. The site is currently being used to store dumpsters. No site modifications are currently proposed as part of this request The following are engineering review comments and act as conditions of approval: 1) The previous CUP allowed the use of a non-improved surface due to the proposed use of the site as a dumpster storage area. The thought at the time was that the dumpsters would significantly damage a bituminous or concrete surface and that gravel would be more suitable for the proposed use. This variance from City standards was to be monitored and analyzed during subsequent CUP reviews. The current CUP revision request proposes to change the use of the property to the storage of vehicles, trailers, and pest control equipment. The proposed use will require the installation of an improved surface per City ordinance. 2) If more than 12 parking spaces are installed, the parking area shall include continuous concrete curb and gutter per City ordinance. 3) The installation of an improved surface on this site will not trigger the City’s stormwater quality requirements if the existing aggregate base material is left undisturbed (the new bituminous or concrete surface is placed directly on top of the existing aggregate base). Any major site grading or significant disturbance of the aggregate material will trigger the City’s stormwater quality requirements. - END COMMENTS - J1, Attachment 8 Council Packet Page Number 335 of 370 Environmental Review Project: Laughlin's Pest Control Company Date of Plans: June 21, 2010 Date of Review: April 28, 2015 Location: 1055 Gervais Avenue Reviewers: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@ci.maplewood.mn.us Background: Michael and Sue Laughlin are proposing to buy the property located at 1055 Gervais Avenue to operate their pest control and snow removal business. The property is currently used by a business which provides dumpsters to remodeling projects and currently has a Conditional Use Permit (CUP) for outdoor storage. The current CUP is very specific to what business can operate on site and what can be stored outside, so a CUP revision is required for the Laughlins to use this property. While there is no exterior construction or site modification proposed as part of this request, the applicants should be aware that there is a Manage B wetland located to the north of their property within the residential lot at 1032 Sextant Avenue which could impact future improvements to the property as outlined below. Wetland Classification and Buffer Requirements: There is a Manage B wetland located to the north of the property, within a residential lot at 1032 Sextant Avenue. The city’s wetland ordinance requires a 75-foot buffer adjacent a Manage B wetland. The rear property line of 1055 Gervais Avenue is located approximately 31 feet to the Manage B wetland edge. This means that the rear 44 feet of the property is within the wetland buffer and any development and construction in this area must comply with the City’s wetland ordinance as outlined below. Development and Construction Activities: Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1. Alterations, including the filling of wetlands. Alterations are defined as human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, J1, Attachment 9 Council Packet Page Number 336 of 370 or applying herbicides or any hazardous or toxic substance designed to kill plant life. 2. The construction of structures. 3. Projects which convert native or naturalized areas to lawn area. 4. The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5. Discharge of stormwater to a wetland not in compliance with the city’s stormwater management ordinance. Recommendation: While no improvements are proposed on the site, the applicant should be aware that future improvements must comply with the City’s wetland ordinance, which will prohibit or restrict improvements to the rear 44-feet of the property (portions of the lot within the wetland buffer). In addition, increased use and storage on the lot might have negative impacts to the wetland. As such, the City should consider requiring some stormwater improvements as a condition of the CUP to help protect the wetland. . J1, Attachment 9 Council Packet Page Number 337 of 370 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 5, 2015 5. PUBLIC HEARING a. 7:00 p.m. or later: Approval of Conditional Use Permit Revisions for Outdoor Storage and a Commercial Building within 350 feet of a residential district, Laughlin Pest Control, 1055 Gervais Avenue i. Planner, Michael Martin gave the staff report and answered questions of the commission. ii. Attorney, Joseph Christensen, 5101 Vernon Avenue, Suite 400, Edina, addressed and answered questions of the commission on behalf of the applicant. Chairperson Desai opened the public hearing. There were no speakers to address the commission for the public hearing. Chairperson Desai closed the public hearing. Commissioner Trippler had three additions to the staff conditions. A. 1., B. 2, and B. 10. Commissioner Trippler moved to approve three amendments to staff’s recommendations and conditions. Seconded by Commissioner Arbuckle. Ayes – All The motion passed. Commissioner Trippler moved to approve the conditional use permit revision resolution. This conditional use permit resolution approves outdoor storage on the property at 1055 Gervais Avenue. The city bases approval on the findings required by the code and subject to the following conditions (additions are underlined and commissioner additions are in bold and deletions are crossed out): 1. The approved exterior storage is limited to roll off containers equipment, trainers and vehicles associated with a roll off delivery pest and animal control and snow removal business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. J1, Attachment 10 Council Packet Page Number 338 of 370 3. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 4. The proposed construction and the outdoor storage on the property 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. 5. The city council shall review this permit in one year. 6. The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. Commissioner Trippler moved to approve the conditional use permit revision resolution. This conditional use permit allows a 40 by 49-foot storage building within the M-1 (light manufacturing) zoning district that is within 350 feet or a residential zoning district (at 1055 Gervais Avenue). This approval shall be subject to the following conditions (additions are underlined and commissioner additions are in bold and deletions are crossed out): 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll off containers equipment, trailers and vehicles associated with a roll off delivery pest and animal control and snow removal business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. 5. The proposed construction and the outdoor storage on the property 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. 6. The city council shall review this permit in one year. 7. The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. The city council may require more parking spaces should the need arise. J1, Attachment 10 Council Packet Page Number 339 of 370 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. 10. The owner shall not make any changes or modifications to the north 44 feet of the property which will have a negative impact on the managed B wetland to the north of the property. Any changes or modifications proposed by the owner shall be submitted to the city for approval prior to implementation. Seconded by Commissioner Kempe. Ayes - All The motion passed. This item goes to the city council Tuesday, May 26, 2015. J1, Attachment 10 Council Packet Page Number 340 of 370 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Mike and Sue Laughlin, representing Laughlin Pest Control, applied for a conditional use permit (CUP) revision to have an outdoor storage area. WHEREAS, this permit applies to property at 1055 Gervais Avenue. WHEREAS, the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038) WHEREAS, the history of this conditional use permit is as follows: 1. On May 5, 2015, 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 permit. 2. On May 26, 2015, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council ______ the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would 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. J1, Attachment 11 Council Packet Page Number 341 of 370 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. The approved exterior storage is limited to roll-off containers equipment, trailers and vehicles associated with a roll-off delivery pest and animal control and snow removal business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. 2. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 3. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. This condition shall not prohibit business activity on the property during these hours so long as the business activity does not otherwise violate the provisions of the city ordinance regulating noise. 4. The proposed construction and the outdoor storage on the property 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. 5. The city council shall review this permit in one year. 6. The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. The Maplewood City Council ________ this resolution on May 26, 2015. J1, Attachment 11 Council Packet Page Number 342 of 370 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Mike and Sue Laughlin, representing Laughlin Pest Control, applied for a conditional use permit (CUP) revision to allow a commercial building within 350 feet of a residential district. WHEREAS, this permit applies to property at 1055 Gervais Avenue. WHEREAS, the legal description of the property is: The South 290.4 feet of the East 150.00 feet of the Northwest Quarter of Section 9, Township 29, Range 22, Ramsey County, Minnesota. (PIN 09-29-22-24-0038) WHEREAS, the history of this conditional use permit is as follows: 1. On May 5, 2015, 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 ______ the conditional use permit. 2. On May 26, 2015, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. J1, Attachment 12 Council Packet Page Number 343 of 370 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the project plans as approved by the city. This shall include providing a driveway to the gate of the storage yard, subject to the requirements of the fire marshal. 2. The approved exterior storage is limited to roll-off containers equipment, trailers and vehicles associated with a roll-off delivery pest and animal control and snow removal business. All vehicles and trailers must be licensed and operable and stored on an approved parking surface. 3. The owner or applicant installing and maintaining a screening fence that is 100 percent opaque around the perimeter of the outdoor storage area. The owner shall maintain and repair the fence so that it remains in good condition and 100 percent opaque. 4. There shall be no noise-making business activity conducted in the property, or made by vehicles entering or leaving the lot, between 7 p.m. and 7 a.m., Monday through Saturday, and not on Sunday as required by city code. This condition shall not prohibit business activity on the property during these hours so long as the business activity does not otherwise violate the provisions of the city ordinance regulating noise. 5. The proposed construction and the outdoor storage on the property 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. 6. The city council shall review this permit in one year. 7. The owner or applicant shall meet the hard surface parking and minimum space requirements as stated in the staff engineer’s report, dated April 28, 2015, and required by ordinance. The city council may require more parking spaces should the need arise. 8. The property owner shall keep the site clean of debris and shall cut or remove any noxious weeds. 9. The owners and operators shall only use Maplewood Drive and Gervais Avenue for access to the site. There shall be no truck traffic from this business on Cypress Street or on Keller Parkway. 10. The owner shall not make any changes or modifications to the north 44 feet of the property which will have a negative impact on the managed B wetland to the north of the property. Any changes or modifications proposed by the owner shall be submitted to the city for approval prior to implementation. The Maplewood City Council ________ this resolution on May 26, 2015. J1, Attachment 12 Council Packet Page Number 344 of 370 J2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: May 19, 2015 SUBJECT: Republic Services’ Annual Trash and Yard Waste Performance Review a. Approval of the 2014 Trash and Yard Waste Report b. Approval of the 2015 Trash and Yard Waste Work Plan Introduction The City-Wide Residential Trash and Yard Waste Service Agreement between the City of Maplewood and Republic Services require that the contractor submit an Annual Report and Work Plan. The Annual Report requires, at a minimum, trash cart sizes, total tons of trash/yard waste/bulky items collected, number of trash cart repairs/warranty issues, service log of residents where education tags were left, log of complaints, and number of households served. The work plan includes proposals for system improvements. Background Annual Report The 2014 Annual Report (Attachment 1) summarizes implementation strategies taken by Republic Services and the City in 2014 to improve service: • Public Education Tools/Enhancement • Routing Improvements • Maplewood Solid Waste Management Survey • Fall Clean Up Campaign • Trash and Yard Waste Data The Year End Trash Services Report (attachment to the 2014 Annual Report) summarizes materials collected in 2014 as well as households and sizes of carts participating in the City’s trash and yard waste programs. A comparison of trash and yard waste collection in 2013 and 2014 follows: 2013 2014 • Trash collected 8,007.18 tons 8,134.45 tons • Bulky items (regular schedule) 28.80 tons 45.04 tons • Bulky items (Fall Clean Up Campaign) 25.40 tons 19.20 tons • Yard waste collected 600.88 tons 538.30 tons 1 Council Packet Page Number 345 of 370 A comparison of households participating in the trash and yard waste programs in 2013 and 2014 follows: 2013 2014 • Single family accounts 8,787 8,760 • Townhome/manufactured home accounts 144 144 • Permanent exemptions 264 264 • Walk up service 51 59 • Yard waste accounts 913 997 Annual Work Plan The 2015 Work Plan (Attachment 2) includes improvements in routing, RFID (radio frequency identification) monitoring, City Hall Organics Collection Program, Fall Clean Up Campaign, Pay As You Throw price schedule, tour of RRT Facility or Republic Services’ Inver Grove Heights facility, and a cart inventory. Annual Performance Review The Agreement specifies that the Environmental and Natural Resources Commission and the City Council review Republic Service’s performance yearly. The objectives of the review include reviewing and offering feedback on the Annual Report and W ork Plan and reviewing the contractor's performance based on feedback from residents. Commission Review The Environmental and Natural Resources Commission reviewed and recommended approval of the annual trash report and work plan on March 26, 2015. Budget Impacts None Recommendation Approve Republic Services’ Annual Trash and Yard Waste Performance Review including: 1. Approval of the 2014 Annual Trash and Yard W aste Report (Attachment 1); and 2. Approval of the 2015 Trash and Yard Waste Work Plan (Attachment 2) Attachments 1. 2014 Annual Trash and Yard Waste Report 2. 2015 Trash and Yard Waste Work Plan 2 J2 Council Packet Page Number 346 of 370 CITY OF MAPLEWOOD AND REPUBLIC SERVICES TRASH AND YARD WASTE SERVICES 2014 ANNUAL REPORT Produced by Doug Link, Republic Services Shann Finwall, City of Maplewood J2, Attachment 1 Council Packet Page Number 347 of 370 City of Maplewood and Republic Services 2014 Annual Trash and Yard Waste Report Republic Services began residential trash and yard waste service in Maplewood on October 1, 2012. We believe that the City and its citizens are happy with the service under this agreement and are pleased to present the 2014 annual report which summarizes our efforts to improve upon the service. Public education tools/enhancements: The City’s trash and recycling contractors (Republic Services and Tennis Sanitation) worked with staff to create a new Solid Waste Management Guide for 2015. The guide is more convenient to residents, offering combined information on trash, yard waste, and recycling. Republic Services and Tennis Sanitation covered the cost of printing and postage as part of the trash and recycling agreements. The guide was mailed to all residents eligible for curbside trash and recycling service in January 2015. The annual guide has proven to be valuable public education tool – 40 percent of residents responding to the 2014 Solid Waste Survey stated they learn about the City’s trash and recycling services through the yearly guide. Additionally, 70 percent of residents responding to the survey stated that the City does a good job at educating residents on our trash and recycling programs. 2015 Maplewood Solid Waste Management Guide 2 J2, Attachment 1 Council Packet Page Number 348 of 370 2015 Maplewood Solid Waste Management Guide Routing improvements: Republic Services has continued to fine tune the routing in Maplewood to reduce truck traffic and be as efficient as possible. Each year we evaluate the Maplewood routes with our routing software to determine if changes need to be made. Following is a summary of 2014 routing improvements: 1)Republic Services was able to reduce 440 hours in route time by reconfiguring one municipal solid waste route in 2014. This has resulted in a decrease of fuel consumption by 1,750 gallons, reducing the trash service carbon footprint in the community. (Refer to Appendix B for additional route information.) Routing Software Assists in Creating More Efficient Trash/Yard Waste Routes 3 J2, Attachment 1 Council Packet Page Number 349 of 370 2)Republic Services supplies Maplewood residents with 65 gallon carts for yard waste service. The carts were originally tipped manually into a rear loaded truck. In 2014 Republic Services converted the pick up of yard waste to automated trucks. This allows us to complete the route quicker and reduces employee exposure to lifting injuries. Because of this improvement, Republic Services spends approximately eight to ten hours less per week collecting yard waste in Maplewood, saving about 1,000 gallons of fuel per yard waste season (April to November).65 Gallon Yard Waste Cart Maplewood Solid Waste Management Survey: Republic Services assisted the City of Maplewood in the creation of an on-line Solid Waste Management Survey (see Appendix B). The survey questions were drafted to evaluate the City’s solid waste programs, including trash hauling, yard waste, recycling, and bulky item collection. The City advertised the survey in the Fall edition of Seasons. A total of 79 residents went on-line and took the survey. 2014 Maplewood Solid Waste Survey 4 J2, Attachment 1 Council Packet Page Number 350 of 370 Fall Clean-up Campaign: Republic Services assisted the City with its second Fall Clean Up Campaign which was held during the second and third weeks in October. The Campaign offers half-price curbside bulky item collection and an educational component focusing on reducing, reusing, and recycling. During the 2014 Fall Clean Up Campaign 330 properties participated with a total of 19.2 tons of bulky items collected including appliances, electronics, mattresses, old furniture, and carpet. Refer to the 2014 Year End Trash Service Report on Attachment 1 for additional information on items collected during the Campaign. Fall Clean Up Campaign Education Material 5 J2, Attachment 1 Council Packet Page Number 351 of 370 Trash and Yard Waste Data: This data is included on the attached Year End Trash and Yard Waste Services Report and contains information on the amount of municipal solid waste, yard waste, and bulky items collected throughout the year as well as the number of households and sizes of carts participating in the City’s trash and yard waste program. Moving forward this data can be used to compare the amount of trash and yard waste collected from year to year, which is helpful in determining if the City and Contractor’s waste reduction education and programs are working. Waste collected through the City’s trash service is brought to the Resource Recovery Facility in Newport. There it is sorted to capture materials that can be recycled. The remaining material is created into resource derived fuel which is used to create energy. In 2014 Republic Services collected 8134 tons of municipal solid waste from Maplewood residential properties. According to the Resource Recovery Facility information, this amount of waste converts to the equivalent of generating enough electricity for around 500 homes in one year! In 2014 Republic Services also collected 538 tons of yard waste and 45.04 tons of bulky items during the regular bulky item pick up, and an additional 19.2 tons of bulky items during the City’s Fall Clean up Campaign. 6 J2, Attachment 1 Council Packet Page Number 352 of 370 Collection Service Levels Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End 20 Gallon EOW 140 153 154 151 153 153 155 154 155 155 155 155 155 20 Gallon Weekly 376 370 372 372 363 365 364 362 360 361 358 357 357 32 Gallon Weekly 978 977 975 975 976 978 977 980 976 978 972 967 967 65 Gallon Weekly 3232 3243 3249 3263 3280 3283 3296 3275 3306 3308 3318 3301 3301 95 Gallon Weekly 3959 3962 3960 3953 3946 3943 3927 3911 3920 3920 3922 3892 3892 2/32 Gallon Weekly 4 4 4 4 5 5 4 4 3 3 3 3 3 2/65 Gallon Weekly 4 4 4 4 4 4 4 4 4 4 3 3 3 2/95 Gallon Weekly 74 72 70 69 59 70 70 64 69 68 71 65 65 3/95 Gallon Weekly 12 12 12 12 12 12 12 11 12 12 12 11 11 4/95 Gallon Weekly 7 7 7 7 7 7 7 5 7 7 7 5 5 5/95 Gallon Weekly 1 1 1 1 1 1 1 1 1 1 1 1 1 Account Information Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End Single family accounts 8,643 8,661 8,664 8,667 8,662 8,677 8,673 8,627 8,813 8,817 8,822 8,760 8,760 Townhome/manufactured home accounts 144 144 144 144 144 144 144 144 144 144 144 144 144 Permanent exemptions 264 264 264 264 264 264 264 264 264 264 264 264 264 Walk up services 51 56 58 58 58 59 59 59 59 59 59 59 59 Yard waste accounts 906 912 923 970 1001 1005 1005 1007 1007 1007 1000 997 997 Containers in use Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End 20 Gallon EOW 140 153 154 151 153 153 155 154 155 155 155 155 155 20 Gallon Weekly 376 370 372 372 363 365 364 362 360 361 358 357 357 32 Gallon Weekly 978 977 975 975 976 978 977 980 976 978 972 967 967 65 Gallon Weekly 3232 3243 3249 3263 3280 3283 3296 3275 3306 3308 3318 3301 3,301 95 Gallon Weekly 3959 3962 3960 3953 3946 3943 3927 3911 3920 3920 3922 3892 3,892 2/32 Gallon Weekly 8 8 8 8 10 10 8 8 6 6 6 6 6 2/65 Gallon Weekly 8 8 8 8 8 8 8 8 8 8 6 6 6 2/95 Gallon Weekly 148 144 140 138 118 140 140 128 138 136 142 130 130 3/95 Gallon Weekly 36 36 36 36 36 36 36 33 36 36 36 33 33 4/95 Gallon Weekly 28 28 28 28 28 28 28 20 28 28 28 20 20 5/95 Gallon Weekly 5 5 5 5 5 5 5 5 5 5 5 5 5 Trash carts in use 8918 8934 8935 8937 8923 8949 8944 8884 8938 8941 8948 8872 8,872 Trash Cart Inventory Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End 20 Gallon 135 135 133 128 132 130 0 56 95 77 67 71 71 32 Gallon 440 440 386 399 414 414 0 68 74 99 101 249 249 65 Gallon 257 257 85 75 7 9 0 11 4 2 1 2 2 95 Gallon 226 226 308 315 225 222 0 143 137 128 126 108 108 Trash Carts to be Purchased Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End Size 0 0 0 0 60 60 0 0 0 0 0 0 0 Trash Cart Parts to be Purchased Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End 0 0 0 0 200 200 0 0 0 0 0 0 0 Trash Cart Warranty Issues Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Year End 0 0 0 0 134 134 0 0 0 0 0 92 92 Trash Cart Activity Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Annual Total Volume switches 22 32 17 4 9 21 15 30 19 19 15 14 217 Replacement /Repair 46 42 16 40 21 38 22 24 22 23 25 22 341 Removal 22 15 16 6 32 33 31 39 24 44 15 37 314 Delivery 28 29 33 6 47 58 39 49 26 39 14 31 399 Remove yardwaste 1 1 1 1 38 3 4 0 4 3 4 2 62 Add yardwaste 0 1 6 0 7 12 2 4 7 4 2 0 45 Total Activity 119 120 89 57 154 165 113 146 102 132 75 106 1378 2014 Maplewood Year-End Trash Services Report - Submitted by Republic Services 1J2, Attachment 1Appendix A of Attachment 1Council Packet Page Number 353 of 370 2014 Maplewood Year-End Trash Services Report - Submitted by Republic Services Disposal Information in Tons Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Annual Total MSW (trash) collected 603.80 498.41 559.44 679.60 562.66 731.92 805.89 738.13 807.45 784.82 648.25 714.08 8134.45 Yard waste collected 0 0 0 33.04 100.77 106.92 66.17 43.41 62.1 85.62 40.27 0 538.30 Bulk items collected 1.04 1.98 2.33 3.62 4.86 6.2 5.01 5.48 8.4025 19.28 3.26 2.775 64.24 Tipping Fee per ton RRT Newport 56.81$ 56.81$ 56.81$ 3.62$ 56.81$ 56.81$ 56.81$ 56.81$ 56.81$ 56.81$ 56.81$ 56.81$ Delinquent Accounts Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Acounts Past Due 1,148 1,627 1,043 1,964 1,062 2,038 2,462 2,959 1,898 2,439 2,358 2,739 30 days past due $290.34 $33,493.06 $25,249.95 $59,158.00 $810.58 $51,338.86 $2,526.98 $50,631.13 $1,370.63 $43,085.54 $2,323.06 $50,124.04 60 days past due $25,278.21 $227.08 $0.00 $15,803.00 $28,922.86 $1,798.81 $34,207.18 $938.71 $27,272.06 $747.86 $27,487.82 $887.36 90 days past due $635.43 $14,232.15 $208.74 $0.00 $13,060.63 $19,560.30 $1,692.72 $23,601.95 $557.04 $16,342.28 $356.85 $18,973.66 120 days past due $12,571.04 $232.56 $12,300.70 $79.00 $0.00 $10,571.82 $16,861.03 $1,282.34 $15,657.88 $172.54 $13,629.52 $285.54 150 days past due $456.04 $8,879.77 $191.68 $10,501.00 $79.79 $0.00 $9,720.59 $13,886.89 $967.21 $9,494.58 $156.01 $10,609.76 180 days past due $11,628.94 $9,002.34 $15,610.91 $14,846.00 $23,365.52 $20,811.01 $19,866.47 $27,217.15 $35,150.94 $28,007.79 $34,654.66 $29,638.78 Type of Educational Call/Tag Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Annual Total Bulk Items out not scheduled 2 1 2 1 3 2 2 4 2 1 20 Cart Placement 6 10 3 3 3 3 2 1 1 32 Increase Service Level 1 2 2 1 6 Using Personal Can/Plastic Bags 2 1 3 Using old hauler can 0 Oversized Item 0 Prohibitted item in trash 1 1 3 5 Yardwaste in plastic bags 2 4 3 5 4 18 Yardwaste in trash cart 0 Yardwaste out but not on program 1 2 3 Clear snow 1 2 3 Set Out Time 1 1 2 Christmas Tree Issue 0 Locked lid 0 Trash in YW Cart 0 Total 11 11 6 10 10 7 9 8 5 7 6 2 92 Customer Complaints/Compliments Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Annual Total # of monthly complaints/compliments 0 2 2 2 6 0 0 0 0 0 0 0 12 Type of Safety and Accidents Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Annual Total 0 0 0 0 0 0 0 0 0 0 0 0 0 City Wide Clean Up Oct Tons/QTY Bulk Collections 19.2 Route Number Mon Tue Wed Thu Fri Total Appliances/Electronics 111 items Route #512 1001 817 940 767 900 Homes Bulks serviced 330 Route #513 918 330 906 766 921 Homes Appliance / Electronic serviced 90 items Route #502 502 0 75 0 0 Total Lifts 2421 1147 1921 1533 1821 8843 Approximate # of Trash Collections Per Truck Route Per Day 2J2, Attachment 1Appendix A of Attachment 1Council Packet Page Number 354 of 370 2014 Maplewood Solid Waste Survey J2, Attachment 1 Appendix B of Attachment 1 Council Packet Page Number 355 of 370 Maplewood Solid Waste Survey Is your trash bill less or more expensive since the conversion to a one-hauler trash system in October 2012? Answered: 84 Skipped: 2 Less Expensive More Expensive No Change I Dont Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Less Expensive 59.52% 50 More Expensive 10.71% 9 No Change 10.71% 9 I Dont Know 19.05% 16 Total 84 2 J2, Attachment 1 Council Packet Page Number 356 of 370 Have you ever scheduled a bulky item pick up (appliances, mattresses, etc.) with Republic Services? Answered: 85 Skipped: 1 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 20.00% 17 No 80.00% 68 I Don't Know 0.00% 0 Total 85 3 J2, Attachment 1 Council Packet Page Number 357 of 370 Maplewood Solid Waste Survey Do you think the range of materials accepted by Republic Services' curbside collection program adequate? Answered: 84 Skipped: 2 Yes No I Don't Know Never Used Service 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 48.81% 41 No 3.57% 3 I Don't Know 8.33% 7 Never Used Service 39.29% 33 Total 84 4 J2, Attachment 1 Council Packet Page Number 358 of 370 Maplewood Solid Waste Survey How would you rate Republic Services’ customer service? Answered: 83 Skipped: 3 Excellent Good Fair Poor I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Excellent 22.89% 19 Good 33.73% 28 Fair 10.84% 9 Poor 4.82% 4 I Don't Know 27.71% 23 Total 83 5 J2, Attachment 1 Council Packet Page Number 359 of 370 Maplewood Solid Waste Survey Do you like the new recycling carts provided by Tennis Sanitation? Answered: 82 Skipped: 4 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 91.46% 75 No 6.10% 5 I Don't Know 2.44% 2 Total 82 6 J2, Attachment 1 Council Packet Page Number 360 of 370 Maplewood Solid Waste Survey Are you familiar with the types of materials that can be recycled in the City’s single sort recycling program? Answered: 83 Skipped: 3 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 97.59% 81 No 2.41% 2 I Don't Know 0.00% 0 Total 83 7 J2, Attachment 1 Council Packet Page Number 361 of 370 Maplewood Solid Waste Survey How would you rate Tennis Sanitation’s customer service? Answered: 81 Skipped: 5 Excellent Good Fair Poor I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Excellent 56.79% 46 Good 32.10% 26 Fair 1.23% 1 Poor 1.23% 1 I Don't Know 8.64% 7 Total 81 8 J2, Attachment 1 Council Packet Page Number 362 of 370 Maplewood Solid Waste Survey Have you ever brought items to the City’s Spring Clean Up Event hosted at Aldrich Arena? Answered: 85 Skipped: 1 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 44.71% 38 No 54.12% 46 I Don't Know 1.18% 1 Total 85 9 J2, Attachment 1 Council Packet Page Number 363 of 370 Maplewood Solid Waste Survey Would you be interested in a curbside organics collection program for a small monthly fee (organics include food scraps, meat, dairy, and paper that can't be recycled such as paper plates and napkins)? Answered: 81 Skipped: 5 Yes No Maybe 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 19.75% 16 No 54.32% 44 Maybe 25.93% 21 Total 81 10 J2, Attachment 1 Council Packet Page Number 364 of 370 Maplewood Solid Waste Survey Do you think the City does enough to educate residents on our trash and recycling programs? Answered: 79 Skipped: 7 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 65.82% 52 No 18.99% 15 I Don't Know 15.19% 12 Total 79 11 J2, Attachment 1 Council Packet Page Number 365 of 370 Maplewood Solid Waste Survey How do you learn about, or get answers to trash and recycling questions? Check all that apply Answered: 79 Skipped: 7 City Webpage Calling the City Calllaing the Trash or... Yearly Trash and Recyclin... Ramsey Count A to Z Website Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses City Webpage 8.86%7 Calling the City 2.53%2 Calllaing the Trash or Recycling Contractor 8.86%7 Yearly Trash and Recycling Brochure 39.24%31 Ramsey County A to Z Website 15.19%12 Other (please specify)25.32%20 Total 79 12 J2, Attachment 1 Council Packet Page Number 366 of 370 City of Maplewood and Republic Services 2015 Trash and Yard Waste Work Plan Republic Service proposes the following work items in 2015 which will improve on the City’s trash and yard waste service. Implementation Schedule: The trash and yard waste service agreement identified a five-year implementation schedule that outlines tasks and assignments for carrying out the requirements of the agreement. This schedule will be referred to as a guide for our work plans: • 2014: Improvements in routing (including possible changes in the day-certain schedule and service areas) • 2014: RFID system review and improvements • 2014: Organic waste collection pilot project • 2015: Creation of pay as you throw program • 2016: Implementation of pay as you throw program • 2017: Organics collection Improvements in Routing: Republic Services reviewed and made improvements to the trash and yard waste hauling routes as outlined in the 2014 annual report. In 2015 we will work with staff to analyze the City’s day-certain schedule and service areas. Maplewood has a five-day trash and recycling collection schedule, Monday through Friday. The analysis will review possibilities for improvements to the schedule. RFID Monitoring: Maplewood’s trash carts are equipped with Radio Frequency Identification (RFID) tags. The tags allow Republic Services the ability to monitor cart inventory and track time and location of cart collection. Per the requirements of the trash and yard waste service agreement, Republic Services purchased RFID readers and installed them in three trash trucks purchased for Maplewood’s trash service. The 2014 Work Plan included a review of the RFID system to refine the data and ensure the City receives up to date reporting. No action was taken on this item in 2014. The Fleet Mind software that tracks the data has not functioned to capacity since its installation. As such, Republic Services has not been able to submit RFID data to Maplewood. In 2015 Republic Services will work with Fleet Mind staff to evaluate the readers and software and correct the system. Data from the RFID should be available to Maplewood mid-year. City Hall Organics Collection Program: Republic Services will assist the City of Maplewood with the implementation of the City Hall Campus Organics Collection Program. Maplewood has been awarded a Ramsey County Public Innovation Grant for the program. The grant funds in the amount of $11,762 will cover the cost of new organics collection containers for all City buildings, waste sort before and after the organics collection program, and the cost of organics 1 J2, Attachment 2 Council Packet Page Number 367 of 370 collection for two years. Republic Services will monitor and report on the amount of organics collected and offer technical advice on rolling out and managing the program. Fall Clean Up Campaign: For the third year, Republic Services will assist the City of Maplewood on an annual Fall Clean Up Campaign. The campaign will allow residents another alternative to disposing and recycling bulky items besides driving their items to the spring clean up. In 2015 Republic Services will work with staff on options for expanding the campaign including: increased education on reducing, reusing, and recycling in addition to the bulky item collection; increase in the types of items collected; and increase in campaign timeframe from two weeks to one month. Pay As You Throw (PAYT): In 2015 Republic Services will draft a revised pricing schedule for the City’s four trash service levels (20-32-65-95 gallon carts). The pricing schedule will be based on a pay as you throw methodology, where there is economic incentive for residents to reduce waste by opting for a smaller trash cart. The PAYT price schedule will intentionally increase the price increments between the levels to promote downsizing of cart sizes used by residents of Maplewood. The draft pricing schedule will be complete for review by the City Council during the annual trash hauling rates reviews in December. Tour of Resource Recovery Facility in Newport and/or Republic Services’ Inver Grove Heights Facility: Republic Services will schedule a tour for the Environmental and Natural Resources Commission and City Council at the RRT Facility in Newport where Maplewood’s residential trash is disposed. Another alternative includes a tour of Republic Services’ Inver Grove Heights facility. The dispatch center for Maplewood’s trash service is located in Inver Grove Heights including customer service and trash cart storage. Cart Inventory: The trash and yard waste service agreement requires that Republic Services manage the City’s trash carts. Republic Services updates the City on its cart inventory in its monthly trash reports. In 2015, Republic Services will conduct an in depth cart inventory to include a report on the number and size of carts: • at each household • in storage • under warranty • missing • to be purchased 2 J2, Attachment 2 Council Packet Page Number 368 of 370 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: May 26, 2015 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. June 8th a. Workshop - City Logo and Branding Discussion b. Council Meeting - Business Outreach Plan 2. June 22nd a. Workshop- Parliamentary Procedures and Council Decorum, Follow up from Council/Staff Retreat; Wellness Presentation 3. June 29th SPECIAL MEETING a. Workshop – 2016 – 2020 CIP Discussion 4. July 13th a. Workshop – Fire Staffing Discussion; Gas Franchise Fee Fund Discussion (fund dedication) 5. July 27th a. Workshop – Demo on Election Equipment Budget Impact None. Recommendation No action required. Attachments None. M1 Council Packet Page Number 369 of 370 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 370 of 370