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2017-05-08 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, May 8, 2017 City Hall, Council Chambers Meeting No. 09-17 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. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of the April 24, 2017 City Council Workshop Minutes 2. Approval of the April 24, 2017 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update b. Approval of Proclamation Recognizing National Police Week 2017 2. Council Presentations G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of a Temporary Lawful Gambling - Local Permit for the St. Paul East Parks Lions Club at the Ramsey County Fair, 2020 White Bear Avenue 3. Approval of a Temporary Lawful Gambling - Local Permit for LeadingAge Minnesota Foundation at Keller Golf Course, 2166 Maplewood Drive 4. Approval of Members of the 2040 Comprehensive Plan Steering Committee 5. Approval of Resolution for Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC H. PUBLIC HEARINGS None 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 Cit y Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. I. UNFINISHED BUSINESS 1. Consider Approval of Resolution Adopting Revised Assessment Roll, Pond- Dorland Area Street Improvements, Project 16-12 2. Consider Approval of Resolution Adopting Revised Assessment Roll, Hillwood- Crestview Area Street Improvements, Project 16-13 J. NEW BUSINESS 1. Consider Approval of Boaters Outlet, 2000 Rice Street a. Conditional Use Permit for Exterior Storage b. Conditional Use Permit for a Metal Building c. Design Review K. AWARD OF BIDS None L. ADJOURNMENT E1 April 24, 2017 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, April 24, 2017 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 5:34 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present C. APPROVAL OF AGENDA Councilmember Abrams moved to approve the agenda as submitted. Seconded by Councilmember Smith Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Rush Line Corridor Update Public Works Director Thompson introduced the staff report. Michael Rogers, Transit Project Manager with Ramsey County Regional Railroad Authority addressed the council to give the update on the Rush Line Corridor and answer questions of the council. 2. Financial Policies Finance Director Paulseth gave the staff report and answered questions of the council. Due to lack of time, this item was not finished and will be brought back to a future Council Workshop Meeting. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:59 p.m. Packet Page Number 1 of 152 E2 April 24, 2017 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 24, 2017 City Hall, Council Chambers Meeting No. 08-17 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. Councilmember Juenemann gave a recap on the City Spring Clean Up that took place on Saturday, April 22, 2017. Mayor Slawik reported on the council-staff retreat that took place on Tuesday, April 18, 2017. City Manager Coleman gave additional information about the retreat. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA Agenda item J1 was moved to be heard before agenda item I1. The following items were added to the agenda under Appointments and Presentations, Council Presentations: Saturday in Maplewood Business Retention & Expansion Visit Campus Clean Up ISD 623 Finance Committee Rice-Larpenteur Corridor Committee Rush Line Corridor Councilmember Smith moved to approve the agenda as amended. Seconded by Councilmember Xiong Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of April 10, 2017 City Council Workshop Minutes Councilmember Abrams moved to approve the April 10, 2017 City Council Workshop Packet Page Number 2 of 152 E2 April 24, 2017 2 City Council Meeting Minutes Minutes as submitted. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Abrams, Smith and Xiong Abstain – Councilmember Juenemann The motion passed. 2. Approval of April 10, 2017 City Council Meeting Minutes Councilmember Juenemann moved to approve the April 10, 2017 City Council Meeting Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman noted that a memorial service will be held on Monday, May 1, 2107 for Police Sergeant Joseph Bergeron, the seventh anniversary of his death. City Manager Coleman gave the update to the council calendar. b. Approval of Proclamation Recognizing 2017 National Public Works Week, May 21-27 Public Works Director Thompson introduced the staff report. Councilmember Xiong read the proclamation recognizing May 21-27, 2017 as National Public Works Week. Councilmember Xiong moved to approve the Proclamation Recognizing 2017 National Public Works Week, May 21-27. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Council Presentations Saturday in Maplewood Councilmember Abrams reported on the Women’s Expo at the Maplewood Community Center and the Food Truck War at Maplewood Mall that took place on Saturday, April 22, 2017. Business Retention & Expansion Visit Councilmember Abrams reported on a BR&E visit she went on at WR Medical and Electronic Company. Packet Page Number 3 of 152 E2 April 24, 2017 3 City Council Meeting Minutes Campus Clean Up Councilmember Juenemann reported on the campus clean up that took place at City Hall last week. ISD 623 Finance Committee Councilmember Juenemann reported that she is representing Maplewood on the ISD 623 Finance Committee for their building updates and maintenance. Rice-Larpenteur Corridor Committee Councilmember Juenemann reported on the Rice-Larpenteur Corridor Committee meeting she attended and announced that Maplewood was assigned five slots to fill with people from the City to be on an ongoing citizen action group. Rush Line Corridor Mayor Slawik encouraged residents to watch the Rush Line Corridor presentation from the City Council Workshop Meeting from earlier this evening; and that there will be Rush Line Open House and Public Hearing on Thursday, April 27, 2017 at Our Redeemer Lutheran Church located at 1390 Larpenteur Avenue. 3. Approval of Resolution for Commissioner Reappointments City Manager Coleman gave the staff report. Councilmember Abrams moved to approve the resolution for commissioner reappointments to the Community Design Review Board, Heritage Preservation Commission and Parks & Recreation Commission. Resolution 17-04-1448 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be reappointed to the following commissions: Community Design Review Board Matt Ledvina, Term Expires on 4/30/2020 Heritage Preservation Commission John Gaspar, Term Expires on 4/30/2020 Parks & Recreation Commission Craig Brannon, Term Expires on 4/30/2020 Terri Mallet, Term Expires on 4/30/2020 Nikki Villavicencio, Term Expires on 4/30/2020 Seconded by Councilmember Juenemann Ayes – All Packet Page Number 4 of 152 E2 April 24, 2017 4 City Council Meeting Minutes The motion passed. G. CONSENT AGENDA Councilmember Abrams requested agenda item G5 be pulled to be considered separately. Councilmember Juenemann requested agenda item G4 be highlight. Councilmember Juenemann moved to approve agenda items G1-G4. Seconded by Councilmember Abrams Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 320,370.40 Checks # 99487 thru #99518 dated 04/04/17 thru 04/11/17 $ 1,474,803.73 Disbursements via debits to checking account dated 04/03/17 thru 04/07/17 $ 135,789.27 Checks #99519 thru #99558 dated 04/18/17 $ 528,057.40 Disbursements via debits to checking account dated 04/10/17 thru 04/14/17 $ 2,459,020.80 Total Accounts Payable PAYROLL $ 500,718.32 Payroll Checks and Direct Deposits dated 04/07/17 $ 1,111.53 Payroll Deduction check # 99102666 thru # 99102669 dated 04/07/17 $ 501,829.85 Total Payroll $ 2,960,850.65 GRAND TOTAL Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of Voran Properties Addition Final Plat, Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue Packet Page Number 5 of 152 E2 April 24, 2017 5 City Council Meeting Minutes Councilmember Juenemann moved to approve the Voran Properties Addition final plat, Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue, subject to the following conditions which were attached to the preliminary plat approval: 1. Submit to staff a revised plat which shows the easterly lot line for Lot 2 shifted to the west to ensure the existing parking lot on Lot 3 meets the required five foot setback. Alternatively, the applicants can submit: a) a parking easement; or b) revised site plan showing how the existing parking lot on Lot 3 is reconstructed to meet the five-foot setback. 2. Submit to staff copies of the executed cross access agreements for Lots 1 through 4. 3. Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. 4. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016, attached to this report. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Approval of a Conditional Use Permit Review, CarMax, 1325 Beam Avenue East Councilmember Juenemann moved to approve to review the CarMax conditional use permit again in one year. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of Use Agreement of Harvest Park for the 2017 Susan G. Komen Twin Cities 3-Day Event Councilmember Juenemann moved to approve the Use Agreement of Harvest Park for the 2017 Susan G. Komen Twin Cities 3-Day Event. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of Resolution in Opposition to Corporate Interference, aka “Preemption” Councilmember Juenemann moved to approve the Resolution in Opposition to Corporate Interference, a.k.a. “Preemption” and notify Governor Mark Dayton and the Legislative Leaders of the adoption of this resolution. Packet Page Number 6 of 152 E2 April 24, 2017 6 City Council Meeting Minutes Resolution 17-04-1449 RESOLUTION IN OPPOSITION TO CORPORATE INTERFERENCE, A.K.A. “PREEMPTION” WHEREAS: Corporate interference, a.k.a. “Preemption”, is designed to strip local governments of the authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law; and WHEREAS: The push to enact Corporate Interference laws in Minnesota, including House File 600 and Senate File 570, is part of an alarming effort around the country in which powerful corporate interests, such as the American Legislative Exchange Council (ALEC), are interfering with the democratic process in order to stop people in local communities from improving basic, minimum workplace standards; and WHEREAS: The effort in Minnesota is a transparent effort to stop improvements being made in Minneapolis, Saint Paul, Duluth, and by the Metropolitan Airports Commission, as well as in other communities; and WHEREAS: The Minnesota Legislature has reserved to local governments the authority to act in the best interest of their residents (provided their actions don’t conflict with state or federal law), and this includes the authority to act to protect public and private property, to benefit trade and commerce, and to promote the health, safety, and general welfare of local residents; and WHEREAS: This division of powers between federal, state, and local government is a strength of our system and it is there for a reason: different communities have different needs, and these local authorities provide communities with basic tools to address those needs themselves; and WHEREAS: This attack on local autonomy would have far-reaching and lasting impacts on families, communities, workers, and their local representatives, including: • Working families in cities across the state would see basic workplace standards suppressed; • Local residents’ opportunities for political participation would be severely weakened; • Low-income workers who have been stepping into leadership positions in municipal policy development commissions around the state would have their voices taken away; Packet Page Number 7 of 152 E2 April 24, 2017 7 City Council Meeting Minutes • Without the authority to make workplaces safer for workers, consumers, or the public, local government’s ability to promote public health and the safety of their residents would be curtailed; • Mayors, City Council Members, County Commissioners, School Boards Members, Park District Commissioners, members of the Metropolitan Airports Commission and the Metropolitan Council, and other local elected officials would be stripped of basic powers they have had for decades; now, therefore be it RESOLVED: That the Maplewood City Council, go on the record in opposition to House File 600, Senate File 570 and any other legislation that interferes with or preempts local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law; and BE IT FURTHER RESOLVED: That the Maplewood City Council notify Governor Mark Dayton and Legislative Leaders of the adoption of this Resolution, and ask them to oppose/veto any legislation that interferes with or preempts local governments’ authority to enact ordinances related to the minimum wage or any other benefit, term of employment, working condition, or attendance or leave policy that exceeds state or federal law. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong Nays – Councilmember Abrams The motion passed. H. PUBLIC HEARINGS 1. 7:00 p.m. Public Hearing to Modify Development Program and Modify TIF District No. 1-13 for Frost English Village, 1957 English Street a. Approval of a Resolution Approving the Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 within Municipal Development District No. 1 Economic Development Coordinator Martin gave the staff report. Mayor Slawik opened the public hearing. The following people spoke: 1. Mark Bradley, 2164 Woodlynn Avenue 2. Bob Zick, North St. Paul Resident 3. Tim Kinley, Maplewood Resident 4. Kevin Berglund, Maplewood Resident Mayor Slawik closed the public hearing. Shane LaFave from Sherman Associates addressed the council to give additional information on the Frost English Village project. Tom Dunaway with Springsted addressed the council to give additional information on TIF District No. 1-13. Packet Page Number 8 of 152 E2 April 24, 2017 8 City Council Meeting Minutes Councilmember Abrams moved to approve the resolution approving the modification to the tax increment financing plan for tax increment financing (redevelopment) District no. 1-13 within Municipal Development District No. 1. Resolution 17-04-1450 RESOLUTION APPROVING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (REDEVELOPMENT) DISTRICT NO. 1-13 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO. 1 WHEREAS: A. WHEREAS, the City of Maplewood, Minnesota (the "City") has heretofore established Tax Increment Financing (Redevelopment) District No. 1-13 ("TIF District No. 1- 13") within Municipal Development District No. 1 and adopted a Tax Increment Financing Plan therefor; and there is a proposal to amend the Tax Increment Financing Plan for TIF District No. 1-13 all pursuant to and in accordance with the provisions of Minnesota Statutes, Sections 469.124 to 469.133, both inclusive, as amended, and Minnesota Statutes, Sections 469.174 to 469.1794, both inclusive, as amended (collectively, the "Act"); and B. WHEREAS, the City has investigated the facts and has caused to be prepared a Modification to the Tax Increment Financing Plan for Tax Increment Financing (Redevelopment) District No. 1-13 (the "Modification"), which Modification increases the budget for eligible uses of tax increments as set forth therein and sets forth revised tax increment calculations; and C. The City has performed all actions required by law to be performed prior to the Modification of the Tax Increment Financing Plan for TIF District No. 1-13, including, but not limited to, notification of Ramsey County and Independent 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 D. The City is not modifying the boundaries of TIF District No. 1-13. E. The City is not extending the duration term of TIF District No. 1-13. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood as follows: 1. Findings for the Modification of the TIF Plan. The City Council makes the following findings: (a) The Modification amends the TIF Plan for TIF District No. 1-13. (b) The City Council hereby finds that the Modification, is intended and, in the judgment of the City Council, the effect of such actions will be, to provide an impetus to accomplish certain objectives as specified in the Modification, which are hereby incorporated herein. The City further finds that the Modification conforms to the general plan for the development or redevelopment of the City as a whole; and that the Modification Packet Page Number 9 of 152 E2 April 24, 2017 9 City Council Meeting Minutes will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise. (c) The City Council hereby confirms the findings made with respect to TIF District No. 1-13 when originally established. 2. Public Purpose. The adoption of the Modification conforms in all respects to the requirements of the Act and will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Development District by private enterprise in that the intent is to provide only that public assistance necessary to make the private developments financially feasible. 3. Approval of the Modification. The Modification for TIF District No. 1-13, as presented to the City Council on this date, is hereby approved and adopted and shall be placed on file in the office of the City Clerk. 4. Certification. The staff of the City are authorized and directed to proceed with the implementation of the Modification and for this purpose to negotiate, draft, prepare and present to the City Council for its consideration all further resolutions, documents and contracts necessary for this purpose. Approval of the Modification does not constitute approval of any project or a development agreement with any developer. 5. Filings. The City Manager is authorized and directed to file a copy of the Modification with the County Auditor of Ramsey County and is further authorized and directed to forward a copy of the Modification to the Minnesota Department of Revenue and the Office of the State Auditor pursuant to Minnesota Statutes, Section 469.175, Subdivision 4a. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Hillwood-Crestview Area Street Improvements, Project 16-13 a. Assessment Hearing, 7:00 p.m. b. Consider Approval of Resolution Adopting Assessment Roll c. Consider Approval of Resolution Receiving Bids and Awarding Construction Contract Public Works Director Thompson introduced the staff report. Civil Engineer II Jarosch gave the staff report. Attorney Ron Batty gave additional information about the objections to the street project. Public Works Director Thompson answered questions of the council. Mayor Slawik opened the public hearing. The following people spoke: 1. Jim Steichen, 551 Dorland 2. Bob Zick, North St. Paul Resident 3. Tim Kinley, Maplewood Resident 4. Kevin Berglund, Maplewood Resident Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the resolution Adopting Assessment Roll for Packet Page Number 10 of 152 E2 April 24, 2017 10 City Council Meeting Minutes the Hillwood-Crestview Area Street Improvements, City Project 16-13 excluding filed objections. Resolution 17-04-1451 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on March 27, 2017, calling for a Public Hearing, the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. b. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. c. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. d. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450. Mr. and Mrs. Morgan are requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 8, 2017, as to their recommendations for adjustments. 3. The assessment roll for the Hillwood-Crestview Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Packet Page Number 11 of 152 E2 April 24, 2017 11 City Council Meeting Minutes 4. Such assessments shall be payable in equal annual installments extending over a period of and 15 years for all properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Xiong Ayes – All The motion passed. Councilmember Abrams moved to approve the resolution for Receiving Bids and Awarding Construction Contract for the Hillwood-Crestview Area Street Improvements, City Project 16-13, to T.A. Schifsky and Sons. Resolution 17-04-1452 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of T.A. Schifsky and Sons, Inc. in the amount of $890,270.89 is the lowest responsible bid for the construction of Hillwood-Crestview Area Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Seconded by Councilmember Xiong Ayes – All The motion passed. 3. Pond-Dorland Area Street Improvements, Project 16-12 a. Assessment Hearing, 7:00 p.m. Packet Page Number 12 of 152 E2 April 24, 2017 12 City Council Meeting Minutes b. Consider Approval of Resolution Adopting Assessment Roll c. Consider Approval of Resolution Receiving Bids and Awarding Construction Contract Civil Engineer II Jarosch gave the staff report and answered questions of the council. Public Works Director Thompson reviewed the types of assessment deferrals residents may apply for and answered questions of the council. Mayor Slawik opened the public hearing. The following people spoke: 1. Elmer Guetschoff, 1211 Dorland Road 2. Tony Mosley, 1208 Dorland Road 3. Bill Matheson, 2352 Dorland Road 4. Bob Zick, North St. Paul Resident 5. Tim Kinley, Maplewood Resident 6. Kevin Berglund, Maplewood Resident 7. Amanda Jensen, 385 Dorland Road Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the resolution for Adopting Assessment Roll for the Pond-Dorland Area Street Improvements, City Project 16-12 excluding filed objections. Resolution 17-04-1453 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on March 27, 2017, calling for a Public Hearing, the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613. Ms. McDonough is requesting a senior citizen or financial hardship deferral. b. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450 for the undeveloped portion off of Boxwood Avenue and $6,600 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. c. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613. Ms. Stephan is requesting a cancellation or revision of assessment. d. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is Packet Page Number 13 of 152 E2 April 24, 2017 13 City Council Meeting Minutes currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. e. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. f. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on May 8, 2017, as to their recommendations for adjustments. 3. The assessment roll for the Pond-Dorland Area Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 15 years for all properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to Packet Page Number 14 of 152 E2 April 24, 2017 14 City Council Meeting Minutes the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Xiong Ayes – All The motion passed. Councilmember Xiong moved to approve the resolution for Receiving Bids and Awarding Construction Contract for the Pond-Dorland Area Street Improvements, City Project 16-12, to Park Construction Company. Resolution 17-04-1454 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Park Construction Company in the amount of $1,142,034.66 is the lowest responsible bid for the construction of Pond-Dorland Area Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Seconded by Councilmember Juenemann Ayes – All The motion passed. I. UNFINISHED BUSINESS The following item was heard after agenda item J1. 1. Update on Status of Labor Contract Negotiations a. Intent to Close Meeting as Allowed by Minnesota State Statute 13D.03 Mayor Slawik moved to close the regular meeting pursuant to Minnesota State Statute 13D.03 and go into closed session to discuss strategies, review offers received from bargaining unions, analyze fiscal considerations, and to provide direction to staff on development negotiation positions for counter proposals for all seven bargaining unions. Seconded by Councilmember Juenemann Ayes – All The motion passed. The following were present during the closed meeting Mayor Slawik, Councilmember Abrams, Councilmember Juenemann, Councilmember Smith, Councilmember Xiong, City Manager Coleman, and Assistant City Manager/HR Director Funk. Mayor Slawik closed the regular meeting to go into closed session at 9:31 p.m. Mayor Slawik called the regular meeting back to order. Packet Page Number 15 of 152 E2 April 24, 2017 15 City Council Meeting Minutes Assistant City Manager/HR Director gave a brief summary of the closed session. J. NEW BUSINESS The following item was heard before agenda item I1. 1. Consider Approval of Purchase Agreement, 1160 Frost Avenue East Economic Development Coordinator Martin gave the staff report and answered questions of the council. Mike Brass from Colliers International addressed the council to give additional information on the purchase agreement. Councilmember Juenemann moved to approve the terms of the purchase agreement and authorize the Mayor and City Manager to enter into a purchase agreement for the property at 1160 Frost Avenue East. The City Attorney is authorized to approve the final format of the agreement and also approve minor modifications to the agreement. Seconded by Councilmember Xiong Ayes – All The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:56 p.m. Packet Page Number 16 of 152 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: May 2, 2017 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. May 22nd a. Workshop: Joint Meeting of City Council and Planning Commission to Process Comprehensive Plan Review with HKGI Consultants (Workshop at the Gladstone Fire Station from 5 to 6:45 pm. Council meeting will be held at City Hall at 7 pm.) 2. June 5th or 12th a. Workshop: Public Safety Director Interviews, Racial Equity Program Update 3. June 26th a. Workshop: Review Capital Improvement Plan 2018-2028 Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. Budget Impact None Recommendation No action required. Attachments None. F1a Packet Page Number 17 of 152 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Paul Schnell, Director of Public Safety DATE: April 17, 2017 SUBJECT: Approval of Proclamation Recognizing National Police Week 2017 Introduction National Police Week is May 14-20, 2017, and it is requested that the City Council recognize the service and sacrifice of law enforcement officers by approving the attached Proclamation. Background Since 1962, May 15th has been designated as National Peace Officer Memorial Day and the week in which the date falls as National Police Week. During this week, we honor and remember those killed in the line of duty, and all the woman and men who actively protect our communities on a daily basis. This year, the New Brighton Department of Public Safety will be hosting all of the suburban law enforcement agencies in Ramsey County for the annual Suburban Ramsey County Law Enforcement Memorial Ceremony on Thursday, May 18, at 11:00 AM, at the Salem Covenant Church, located at 2655 Fifth Street NW, New Brighton, MN 55112. The service will last about one hour and is open to the public. Refreshments will be served immediately following the service. Budget Impact None. Recommendation It is recommended that the City Council approve the attached Proclamation Recognizing National Police Week 2017. Attachments 1. Proclamation Recognizing National Police Week 2017 F1b Packet Page Number 18 of 152 Proclamation Recognizing National Police Week 2017 WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the 52 dedicated sworn officers of the MAPLEWOOD POLICE DEPARTMENT; WHEREAS, since the first recorded death in 1791, more than 21,000 law enforcement officers in the United States have made the ultimate sacrifice and been killed in the line of duty, including Sergeant Joseph Bergeron of the Maplewood Police Department; WHEREAS, Sergeant Bergeron and all officers killed in the line of duty have their names engraved on the wall of the National Law Enforcement Officers Memorial in Washington, D.C.; WHEREAS, in 1962, President John F. Kennedy signed a proclamation designating May 15th as National Peace Officers Memorial Day and the week in which that date falls as Police Week; WHEREAS, Police Week 2017 in the United States of America will begin on Sunday May 14, 2017 and end on Saturday, May 20, 2017; WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the MINNESOTA LAW ENFORCEMENT MEMORIAL ASSOCIATION’S Annual Candlelight Vigil, at 7:00 PM, May 15, 2017 on the grounds of the Minnesota State Capital in St. Paul; WHEREAS, RAMSEY COUNTY SUBURBAN LAW ENFORCEMENT officers killed in the line of duty will be honored during the SUBURBAN RAMSEY COUNTY LAW ENFORCEMENT MEMORIAL CEREMONY, at 11:00 AM, Thursday, May 18, 2017, at Salem Covenant Church in New Brighton, Minnesota; NOW, THEREFORE, BE IT RESOLVED that the MAPLEWOOD CITY COUNCIL formally designates May 14 to May 20, 2017, Police Week in the CITY OF MAPLEWOOD, as a time to honor the service and sacrifice of law enforcement officers killed in the line of duty while protecting our communities and safeguarding our democracy. Adopted this 8th day of May, 2017, __________________________________ Nora Slawik, Mayor Attest: _______________________________________ Andrea Sindt, City Clerk F1b, Attachment 1 Packet Page Number 19 of 152 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 20 of 152 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 463,340.07$ Checks # 99559 thru #99595 dated 04/25/17 333,253.13$ Disbursements via debits to checking account dated 04/17/17 thru 04/21/17 255,615.31$ Checks #99596 thru #99626 dated 05/2/17 550,518.49$ Disbursements via debits to checking account dated 04/24/17 thru 04/28/17 1,602,727.00$ Total Accounts Payable 521,200.35$ Payroll Checks and Direct Deposits dated 04/21/17 1,697.03$ Payroll Deduction check # 99102682 thru # 99102685 dated 04/21/17 522,897.38$ Total Payroll 2,125,624.38$ 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 2, 2017 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 Packet Page Number 21 of 152 Check Description Amount 99559 05114 PROJ 16-25 STERLING ST BRIDGE 4,506.17 99560 00283 HOSE LINE MGMT TRAINING 1,610.00 99561 05028 CITY HALL SOLAR SYSTEM LEASE-APRIL 397.00 05028 MCC SOLAR SYSTEM LEASE - APRIL 369.00 99562 00687 STORM DAMAGE REMOVAL CO RD B 1,250.00 00687 OAK WILT REMOVAL STERLING PARK 850.00 00687 STORM DAMAGE REMOVAL GLENDON ST 350.00 99563 00985 WASTEWATER - MAY 262,873.85 99564 01819 LOCAL PHONE SERVICE 03/15 - 04/14 720.21 99565 01337 NEW VOTING SYS-PMT 2 OF 3 ANNUAL 36,554.88 99566 01337 911 DISPATCH SERVICES - MARCH 30,993.07 01337 CAD SERVICES - MARCH 6,099.63 01337 FLEET SUPPORT FEES - MARCH 502.32 01337 FLEET SUPPORT FEES - MARCH 464.88 99567 01409 PROJ 16-12 DORLAND STORMWATER 9,202.21 01409 FURNESS STREET STORM SYS REVIEW 799.67 99568 01574 BITUMINOUS MATERIALS~2,508.20 01574 BITUMINOUS MATERIALS~1,965.83 01574 BITUMINOUS MATERIALS~1,430.47 01574 BITUMINOUS MATERIALS~673.05 99569 04845 RECYCLING FEE - MARCH 42,831.25 99570 05559 ONLINE BENEFITS ADMIN FEE- FEB-APRIL 180.00 99571 05803 LUNCHES COMP PLAN KICK-OFF 125.00 99572 05806 PD VEH CLEANING/DETAILING-MARCH 252.73 99573 05759 MCC LOCKER ROOM HVAC ENG STUDY 5,620.00 99574 05187 MEMBERSHIP RENEWAL-D KONEWKO 550.00 99575 05319 USE OF FORCE TRAINING INSTRUCTION 500.00 99576 05477 PROJ 16-08 CITY HALL CHILLER PMT#5 3,209.81 05477 PROJ 16-08 CITY HALL CHILLER PMT#4 427.50 99577 04152 STUDENT DIRECTORY INFORMATION 50.00 99578 05533 REPAIRS TO ENGINE #313 1,093.38 99579 00827 CLAIM DEDUCTIBLE C0026446 (13/14)4,121.99 99580 00935 2017 FIRE AID 4,000.00 99581 04790 DANCE INSTRUCTION 6,408.00 99582 00986 MONTHLY SAC - MARCH 7,380.45 99583 03886 TRADEMARK RENEWAL 25.00 99584 05804 VEHICLE WASHES - MARCH 325.09 99585 01175 MONTHLY UTILITIES - MARCH 3,889.52 01175 FIBER OPTIC ACCESS CHG - APRIL 1,000.00 99586 00001 REFUND D ALDERETE - TRANS MEDIC 2,645.88 99587 00001 REFUND KARET ENT-FOOD VENDOR 250.00 99588 00001 REFUND J PERALTA-SMALL KENNEL APP 85.00 99589 00001 REFUND M DOWNEY ACUPUNCTURE 25.00 99590 01261 EMS REPORTING SOFTWARE - APRIL 738.67 99591 05802 NEW TIRES FOR TRUCK #544 REAR AXLE 2,314.56 99592 04264 WATERFEST SPONSORSHIP 1,000.00 99593 02001 COOPERATIVE FUNDING RICE/LARP PROJ 10,000.00 99594 04074 TAI CHI INSTRUCTION 03/15 - 05/17 ADJ 40.80 99595 01669 TOWING OF VEHICLE 130.00 METROPOLITAN COUNCIL 04/25/2017 MN SECRETARY OF STATE - NOTARY 04/25/2017 NM CLEAN 1, LLC 04/25/2017 04/25/2017 BOLTON & MENK, INC. 04/25/2017 CENTURY COLLEGE 04/25/2017 T A SCHIFSKY & SONS, INC 04/25/2017 RAMSEY COUNTY-PROP REC & REV 04/25/2017 PAETEC/WINDSTREAM 04/25/2017 RAMSEY COUNTY-PROP REC & REV 04/25/2017 RAMSEY COUNTY-PROP REC & REV 04/25/2017 CITY OF NORTH ST PAUL 04/25/2017 L M C I T 04/25/2017 MAPLEWOOD FIRE FIGHTERS RELIEF 04/25/2017 MAYER ARTS, INC. 04/25/2017 Check Register City of Maplewood 04/21/2017 Date Vendor HUGO'S TREE CARE INC METROPOLITAN COUNCIL 04/25/2017 ENERGY ALTERNATIVES SOLAR, LLC 04/25/2017 ENERGY ALTERNATIVES SOLAR, LLC 04/25/2017 HUGO'S TREE CARE INC 04/25/2017 04/25/2017 HUGO'S TREE CARE INC 04/25/2017 RAMSEY COUNTY-PROP REC & REV 04/25/2017 RAMSEY COUNTY-PROP REC & REV 04/25/2017 S E H 04/25/2017 KIRVIDA FIRE APPRIZE TECHNOLOGY SOLUTIONS 04/25/2017 BORCHERT'S MEAT MARKET 04/25/2017 CAR WASH PARTNERS 04/25/2017 CENTER FOR ENERGY/ENVIRONMENT 04/25/2017 WHITE BEAR AREA CHAMBER OF COMME 04/25/2017 04/25/2017 CHIRON TRAINING 04/25/2017 04/25/2017 ISD 622 COMMUNITY EDUCATION 04/25/2017 S E H 04/25/2017 T A SCHIFSKY & SONS, INC 04/25/2017 COOL AIR MECHANICAL, INC. COOL AIR MECHANICAL, INC. 04/25/2017 T A SCHIFSKY & SONS, INC 04/25/2017 T A SCHIFSKY & SONS, INC 04/25/2017 TENNIS SANITATION LLC 04/25/2017 ONE TIME VENDOR 04/25/2017 ONE TIME VENDOR 04/25/2017 PHYSIO-CONTROL, INC. 04/25/2017 CITY OF NORTH ST PAUL 04/25/2017 ONE TIME VENDOR 04/25/2017 ONE TIME VENDOR 04/25/2017 ELAINE SCHRADE 04/25/2017 TWIN CITIES TRANSPORT & 463,340.0737Checks in this report. 04/25/2017 POMP'S TIRE SERVICE, INC. 04/25/2017 RAMSEY-WASHINGTON 04/25/2017 CITY OF ROSEVILLE G1, Attachments Packet Page Number 22 of 152 Settlement Date Payee Description Amount 4/17/2017 MN State Treasurer Drivers License/Deputy Registrar 40,760.80 4/17/2017 Pitney Bowes Postage 2,000.00 4/17/2017 MN Dept of Revenue MN Care Tax 8,100.00 4/18/2017 MN State Treasurer Drivers License/Deputy Registrar 41,666.30 4/19/2017 MN State Treasurer Drivers License/Deputy Registrar 88,929.57 4/19/2017 Delta Dental Dental Premium 2,977.50 4/20/2017 MN State Treasurer Drivers License/Deputy Registrar 54,219.20 4/20/2017 MN Dept of Revenue Sales Tax 522.00 4/20/2017 MN Dept of Revenue Fuel Tax 487.35 4/21/2017 MN State Treasurer Drivers License/Deputy Registrar 36,785.67 4/21/2017 MN Dept of Natural Resources DNR electronic licenses 1,465.12 4/21/2017 US Bank VISA One Card*Purchasing card items 45,473.96 4/21/2017 Optum Health DCRP & Flex plan payments 6,055.66 4/21/2017 ICMA (Vantagepointe)Deferred Compensation 3,810.00 333,253.13 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 23 of 152 Transaction Date Posting Date Merchant Name Transaction Amount Name 04/07/2017 04/10/2017 TRI-STATE BOBCAT $24.95 DAVE ADAMS 03/30/2017 04/03/2017 THE HOME DEPOT #2801 $20.21 CHAD BERGO 03/31/2017 04/03/2017 FACEBK *SWWM2CJMU2 $27.38 CHAD BERGO 04/03/2017 04/04/2017 PEAK DESIGN LLC $64.95 CHAD BERGO 04/03/2017 04/04/2017 PAYPAL *ALLUREMULTI $29.45 CHAD BERGO 04/04/2017 04/05/2017 CDNN SPORTS, INC.$709.49 BRIAN BIERDEMAN 03/31/2017 04/03/2017 FACEBK HSE7NAJGN2 $10.41 NEIL BRENEMAN 04/07/2017 04/10/2017 CUB FOODS #1599 $40.73 NEIL BRENEMAN 04/04/2017 04/05/2017 BATTERIES PLUS #31 $399.20 TROY BRINK 04/04/2017 04/05/2017 SITEONE LANDSCAPE S $7.63 TROY BRINK 04/04/2017 04/06/2017 THE HOME DEPOT #2801 $33.54 TROY BRINK 03/30/2017 04/03/2017 THE HOME DEPOT #2801 $80.86 SCOTT CHRISTENSON 04/11/2017 04/12/2017 G&K SERVICES AR $486.48 SCOTT CHRISTENSON 03/30/2017 04/03/2017 CARIBOU COFFEE CO # 155 $44.96 MELINDA COLEMAN 04/11/2017 04/13/2017 THE HOME DEPOT #2801 $48.09 ANDREW ENGSTROM 04/04/2017 04/05/2017 THE UPS STORE 2171 $10.74 PAUL E EVERSON 04/04/2017 04/06/2017 OFFICEMAX/OFFICE DEPOT616 $124.22 PAUL E EVERSON 04/04/2017 04/06/2017 PHYSIO CONTROL INC $255.00 PAUL E EVERSON 04/07/2017 04/10/2017 BOUND TREE MEDICAL LLC $841.39 PAUL E EVERSON 04/06/2017 04/07/2017 TARGET 00011858 $26.82 SHANN FINWALL 04/07/2017 04/10/2017 MICHAELS MAPLEWOOD BAKERY $8.80 SHANN FINWALL 04/07/2017 04/10/2017 HOLIDAY STNSTORE 0440 $3.58 SHANN FINWALL 04/05/2017 04/06/2017 AMAZON MKTPLACE PMTS $29.94 CASSIE FISHER 04/03/2017 04/04/2017 DRI*TECHSMITH $106.59 MYCHAL FOWLDS 04/03/2017 04/04/2017 ELECTRO WATCHMAN INC $780.00 MYCHAL FOWLDS 04/05/2017 04/06/2017 LOFFLER COMPANIES, INC.$376.20 MYCHAL FOWLDS 04/05/2017 04/07/2017 US INTERNET CORP $788.00 MYCHAL FOWLDS 04/06/2017 04/07/2017 VZWRLSS*APOCC VISB $6,715.60 MYCHAL FOWLDS 04/07/2017 04/10/2017 TEAMSIDELINE.COM $1,706.20 MYCHAL FOWLDS 04/10/2017 04/11/2017 AT&T*BILL PAYMENT $33.25 MYCHAL FOWLDS 04/01/2017 04/03/2017 IDU*INSIGHT PUBLIC SEC $98.34 NICK FRANZEN 04/01/2017 04/04/2017 APPROVED OPTICS $342.29 NICK FRANZEN 04/08/2017 04/10/2017 IDU*INSIGHT PUBLIC SEC $447.63 NICK FRANZEN 04/12/2017 04/13/2017 CDW GOVT #HMR3155 $1,624.40 NICK FRANZEN 04/12/2017 04/13/2017 CVS/PHARMACY #01751 $6.95 NICK FRANZEN 03/31/2017 04/03/2017 TARGET 00011858 $9.45 CAROLE GERNES 03/31/2017 04/03/2017 KNOWLAN'S MARKET #2 $20.95 CAROLE GERNES 03/31/2017 04/03/2017 NM CLEAN 1 $12.00 CLARENCE GERVAIS 04/07/2017 04/10/2017 THE HOME DEPOT #2801 $156.06 MILES HAMRE 04/10/2017 04/12/2017 LTG POWER EQUIPMENT $946.50 TAMARA HAYS 04/12/2017 04/13/2017 SITEONE LANDSCAPE S $133.66 TAMARA HAYS 03/31/2017 04/03/2017 GRUBERS POWER EQUIPMENT $53.90 GARY HINNENKAMP 04/04/2017 04/05/2017 HENRIKSEN ACE HDWE $11.98 GARY HINNENKAMP 04/13/2017 04/14/2017 HENRIKSEN ACE HDWE $40.74 GARY HINNENKAMP 04/13/2017 04/14/2017 HENRIKSEN ACE HDWE $2.49 GARY HINNENKAMP 03/31/2017 04/03/2017 MICHAELS STORES 2744 $18.27 ANN HUTCHINSON 04/04/2017 04/05/2017 BLUE RIBBON BAIT #1 $12.82 ANN HUTCHINSON 04/05/2017 04/06/2017 STANLEY STEEMER #90R $139.00 ANN HUTCHINSON 04/07/2017 04/10/2017 KNOWLAN'S MARKET #2 $39.25 ANN HUTCHINSON 04/10/2017 04/11/2017 PAYPAL *ANCA $80.00 ANN HUTCHINSON 04/11/2017 04/12/2017 G&K SERVICES AR $13.50 ANN HUTCHINSON 03/30/2017 04/03/2017 THE HOME DEPOT #2801 $65.18 DAVID JAHN 03/31/2017 04/03/2017 THE HOME DEPOT #2801 $28.91 DAVID JAHN 04/06/2017 04/10/2017 THE HOME DEPOT #2810 $81.85 DAVID JAHN 04/08/2017 04/10/2017 HOMEDEPOT.COM $44.46 DAVID JAHN 04/10/2017 04/12/2017 MENARDS OAKDALE MN $27.98 DAVID JAHN 04/01/2017 04/03/2017 RADCO-OAKDALE $28.95 KEVIN JOHNSON 04/07/2017 04/10/2017 SITEONE LANDSCAPE S ($86.29)DON JONES 04/07/2017 04/10/2017 SITEONE LANDSCAPE S $255.57 DON JONES 04/12/2017 04/14/2017 GRUBERS POWER EQUIPMENT $50.40 DON JONES G1, Attachments Packet Page Number 24 of 152 04/12/2017 04/14/2017 VIKING INDUSTRIAL CENTER $307.84 DON JONES 04/06/2017 04/07/2017 SIGNUPGENIUS.COM $9.99 LOIS KNUTSON 04/09/2017 04/10/2017 SHRED-IT USA LLC $59.40 LOIS KNUTSON 04/10/2017 04/11/2017 CUB FOODS #1599 $33.61 LOIS KNUTSON 04/10/2017 04/11/2017 CHIPOTLE 0224 $93.73 LOIS KNUTSON 04/11/2017 04/12/2017 CHIPOTLE ONLINE $9.05 LOIS KNUTSON 04/07/2017 04/10/2017 THOMSON WEST*TCD $385.00 DAVID KVAM 04/13/2017 04/14/2017 FEDEX 786220104662 $9.96 JESSICA LANDEROS CRUZ 04/06/2017 04/10/2017 THE HOME DEPOT #2801 $29.29 RANDY LINDBLOM 04/10/2017 04/11/2017 DALCO ENTERPRISES $66.42 CHING LO 04/11/2017 04/12/2017 VISTAPR*VISTAPRINT.COM $18.19 CHING LO 03/30/2017 04/03/2017 ASPEN MILLS INC.$44.95 STEVE LUKIN 03/30/2017 04/03/2017 ASPEN MILLS INC.$248.80 STEVE LUKIN 03/31/2017 04/03/2017 INT'L ASSOC OF FIRE CH $861.00 STEVE LUKIN 04/02/2017 04/03/2017 AIRGASS NORTH $38.75 STEVE LUKIN 04/02/2017 04/03/2017 COMCAST CABLE COMM $2.27 STEVE LUKIN 04/04/2017 04/05/2017 AIRGASS NORTH $195.75 STEVE LUKIN 04/06/2017 04/07/2017 AIRGASS NORTH $144.42 STEVE LUKIN 04/07/2017 04/10/2017 MENARDS OAKDALE MN $10.14 STEVE LUKIN 03/30/2017 04/03/2017 HEALTH CARE LOGISTICS LNC $176.29 MICHAEL MONDOR 04/06/2017 04/07/2017 FOREST PRODUCTS SUPPLY $500.00 MICHAEL MONDOR 04/06/2017 04/07/2017 IN *PEDIATRIC EMERGENCY S $490.00 MICHAEL MONDOR 04/05/2017 04/06/2017 SITEONE LANDSCAPE S $20.01 JOHN NAUGHTON 04/05/2017 04/07/2017 MENARDS MAPLEWOOD MN $49.76 JOHN NAUGHTON 04/03/2017 04/05/2017 MINNESOTA GOVERNMENT FIN $15.00 ELLEN PAULSETH 04/03/2017 04/05/2017 THE HOME DEPOT #2801 $3.18 ROBERT PETERSON 04/05/2017 04/07/2017 MENARDS OAKDALE MN $31.74 ROBERT PETERSON 03/31/2017 04/03/2017 FORCE AMERICA DISTRIBUTIN $81.81 STEVEN PRIEM 04/03/2017 04/04/2017 POMP'S TIRE #021 $34.85 STEVEN PRIEM 04/03/2017 04/04/2017 AUTO PLUS-LITTLE CANADA $94.80 STEVEN PRIEM 04/04/2017 04/05/2017 AN FORD WHITE BEAR LAK $23.98 STEVEN PRIEM 04/04/2017 04/05/2017 INDUSTRIAL LADDER VILLE P $685.10 STEVEN PRIEM 04/05/2017 04/06/2017 AUTO PLUS-LITTLE CANADA $25.67 STEVEN PRIEM 04/05/2017 04/06/2017 HENRIKSEN ACE HDWE $11.85 STEVEN PRIEM 04/05/2017 04/06/2017 IN *MIDWEST LIFT WORKS $345.00 STEVEN PRIEM 04/05/2017 04/06/2017 AN FORD WHITE BEAR LAK $912.92 STEVEN PRIEM 04/06/2017 04/07/2017 FACTORY MOTOR PARTS #19 $69.06 STEVEN PRIEM 04/06/2017 04/07/2017 AUTO PLUS-LITTLE CANADA $120.66 STEVEN PRIEM 04/06/2017 04/10/2017 METRO PRODUCTS INC $52.72 STEVEN PRIEM 04/10/2017 04/11/2017 COMO LUBE AND SUPPLIES $63.57 STEVEN PRIEM 04/10/2017 04/12/2017 NORTHERN TOOL+EQUIP $19.98 STEVEN PRIEM 04/11/2017 04/12/2017 POMP'S TIRE #021 $1,378.00 STEVEN PRIEM 04/11/2017 04/12/2017 AN FORD WHITE BEAR LAK $107.07 STEVEN PRIEM 04/11/2017 04/13/2017 ZAHL PMC $38.20 STEVEN PRIEM 04/12/2017 04/13/2017 FACTORY MOTOR PARTS #19 $274.88 STEVEN PRIEM 04/12/2017 04/13/2017 FORCE AMERICA DISTRIBUTIN $595.85 STEVEN PRIEM 04/12/2017 04/13/2017 POLAR CHEVROLET MAZDA $68.42 STEVEN PRIEM 04/12/2017 04/13/2017 TRI-STATE BOBCAT $466.93 STEVEN PRIEM 04/13/2017 04/14/2017 FACTORY MOTOR PARTS #19 $9.03 STEVEN PRIEM 04/13/2017 04/14/2017 AN FORD WHITE BEAR LAK $202.16 STEVEN PRIEM 04/03/2017 04/04/2017 DALCO ENTERPRISES $101.65 KELLY PRINS 04/07/2017 04/10/2017 DALCO ENTERPRISES $33.49 KELLY PRINS 03/31/2017 04/03/2017 YOURMEMBER-CAREERS $550.00 TERRIE RAMEAUX 04/03/2017 04/04/2017 INTERNATION $222.75 TERRIE RAMEAUX 04/04/2017 04/05/2017 WONDERLIC $750.00 TERRIE RAMEAUX 04/04/2017 04/05/2017 TCB MARKETING $842.80 TERRIE RAMEAUX 04/05/2017 04/06/2017 WONDERLIC ($750.00)TERRIE RAMEAUX 04/05/2017 04/06/2017 WONDERLIC $825.81 TERRIE RAMEAUX 04/05/2017 04/06/2017 TEMPLEPUBLI $195.00 TERRIE RAMEAUX 04/06/2017 04/07/2017 TEMPLEPUBLI $195.00 TERRIE RAMEAUX 04/08/2017 04/10/2017 FEDEX 786169608394 $10.00 MICHAEL RENNER G1, Attachments Packet Page Number 25 of 152 04/01/2017 04/03/2017 CUB FOODS, INC.$179.02 AUDRA ROBBINS 04/06/2017 04/07/2017 MN RECREATION AND PARK A $100.00 AUDRA ROBBINS 04/06/2017 04/10/2017 FUN EXPRESS $255.11 AUDRA ROBBINS 04/09/2017 04/10/2017 CTC*CONSTANTCONTACT.COM $95.00 AUDRA ROBBINS 04/11/2017 04/12/2017 MN RECREATION AND PARK A $25.00 AUDRA ROBBINS 04/11/2017 04/12/2017 THE STAR TRIBUNE MERCHAND $600.00 AUDRA ROBBINS 04/12/2017 04/13/2017 TARGET 00011858 $208.73 AUDRA ROBBINS 04/08/2017 04/10/2017 IN *ENCOMPASS TELEMATICS,$676.00 PAUL SCHNELL 04/02/2017 04/04/2017 SPOK INC $16.10 SCOTT SCHULTZ 04/04/2017 04/05/2017 CINTAS 60A SAP $199.44 SCOTT SCHULTZ 04/04/2017 04/05/2017 CINTAS 60A SAP $114.22 SCOTT SCHULTZ 04/06/2017 04/07/2017 G&K SERVICES AR $990.46 SCOTT SCHULTZ 04/06/2017 04/10/2017 ON SITE SANITATION INC $973.78 SCOTT SCHULTZ 04/01/2017 04/03/2017 DECKERS*HOKA ONE ONE $170.00 STEPHANIE SHEA 04/01/2017 04/03/2017 SQ *RADIO1033, LLC $420.00 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $162.14 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $1,329.61 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $1,329.61 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $1,329.61 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $1,329.61 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $387.69 MICHAEL SHORTREED 04/03/2017 04/04/2017 HEALTHEAST TRANSPORTATN $23.58 MICHAEL SHORTREED 04/05/2017 04/06/2017 IN *RICE STREET CAR WASH $16.50 MICHAEL SHORTREED 04/05/2017 04/07/2017 UNIFORMS UNLIMITED INC.$2,696.33 MICHAEL SHORTREED 04/07/2017 04/10/2017 STORCHAK CLEANERS $16.26 MICHAEL SHORTREED 04/07/2017 04/10/2017 STORCHAK CLEANERS $30.04 MICHAEL SHORTREED 03/31/2017 04/03/2017 MENARDS MAPLEWOOD MN $29.01 RONALD SVENDSEN 04/07/2017 04/10/2017 ST PAUL AREA CHAMBER OF C $30.00 CHRIS SWANSON 04/12/2017 04/13/2017 ST PAUL AREA CHAMBER OF C ($10.00)CHRIS SWANSON 03/31/2017 04/03/2017 TRI TECH FORENSICS $150.50 TAMMY WYLIE 03/31/2017 04/03/2017 BOSS SAFETY PRODUCTS $295.21 TAMMY WYLIE 04/12/2017 04/13/2017 BCA TRAINING EDUCATION $250.00 TAMMY WYLIE $45,473.96 G1, Attachments Packet Page Number 26 of 152 Check Description Amount 99596 02149 GRAPHIC DESIGN SERVICES - APRIL 4,000.00 99597 04316 WORKFORCE DIRECTOR - 1ST QTR 2017 1,995.00 99598 01546 SPRING SOCCER SHIRTS 752.50 99599 05488 PREMIUM - LIFE,LTD,STD - MAY 7,759.38 99600 01190 ELECTRIC & GAS UTILITY 7,964.07 99601 05769 NEW WINDOW 2005 DURANGO CHIEFS 282.59 99602 00043 QUARTERLY SERVICE - PUBLIC WORKS 159.00 00043 QUARTERLY SERVICE - CITY HALL 85.00 00043 QUARTERLY SRVS - PARK/REC GARAGE 51.00 99603 04169 20 YARD ROLL OFF FOR UNIT 533 3,600.00 99604 04848 MONTHLY PREMIUM - MAY 289.82 99605 00230 RIP RAP FOR STORM POND-MAILAND 193.92 99606 02679 FENCE & GATE REPAIR 4,155.00 99607 05786 MONTHLY PREMIUM BCN:4677316- APR 267.04 99608 05807 RECEPIENT #130765254 - PLEDGES 704.00 99609 00003 ESCROW SPECIALIZED CONST 2520 WBA 2,900.00 99610 05313 BUSINESS CARD ORDERS 117.91 99611 04152 CHARITABLE GAMBLING AWARD 2,800.00 99612 02137 LEGAL FEES CABLE MATTERS - NOV 2015 3,193.75 99613 05533 REPAIRS TO ENGINE #333 364.68 99614 00532 HR ATTORNEY FEE ARB & ADMIN-MAR 86.40 00532 HR ATTORNEY FEE LABOR REL-MARCH 80.40 99615 03818 MONTHLY PREMIUM - MAY 171,540.56 99616 05173 PLEDGES - 1ST QTR 57.00 99617 01089 QTR UNEMPLOYMENT - 1ST QTR 22,054.76 99618 01174 MEMBERSHIP DUES M COLEMAN 1ST QTR 215.00 99619 05356 VIDEOGRAPHER SRVS - MARCH 961.40 99620 03897 MEMBERSHIP DUES 2017 1,050.00 99621 01418 EGG HUNT SUPPLIES 177.16 01418 LAUGH IN TREATS 80.66 99622 01836 MISC STREET LIGHT REPAIRS-LEGACY 1,560.00 99623 05800 CONSULTANT-COUNCIL/STAFF RETREAT 4,010.00 99624 05528 CONTRACT 7950665-011 350.67 05528 CONTRACT 7950665-002 281.38 05528 CONTRACT 7950665-003 273.62 05528 CONTRACT 7950665-004 254.81 05528 CONTRACT 7950665-013 247.75 05528 CONTRACT 7950665-001 216.95 05528 CONTRACT 7950665-005 211.55 05528 CONTRACT 7950665-012 113.81 05528 CONTRACT 7950665-010 91.77 99625 01698 1ST QTR PMT 2017 65.00 99626 02464 FUNDS FOR CITY HALL ATM 10,000.00 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 Check Register City of Maplewood 04/28/2017 Date Vendor TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 ST PAUL, CITY OF 05/02/2017 STRENGTHSWISE LLC 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 AVESIS 05/02/2017 BRYAN ROCK PRODUCTS, INC. 05/02/2017 CENTURY FENCE CO 05/02/2017 HEIDI CAREY 05/02/2017 CITY OF MINNEAPOLIS RECEIVABLES XCEL ENERGY 05/02/2017 SUBURBAN SPORTSWEAR 05/02/2017 SUN LIFE FINANCIAL 05/02/2017 ACROSS TOWN AUTO GLASS INC. 05/02/2017 ADAM'S PEST CONTROL INC 05/02/2017 05/02/2017 KIRVIDA FIRE NORTH SUBURBAN ACCESS CORP 05/02/2017 RAMSEY C0 LEAGUE OF LOCAL GOV 05/02/2017 GRAPHIC DESIGN, INC. 05/02/2017 ISD 622 COMMUNITY EDUCATION 05/02/2017 KENNEDY & GRAVEN CHARTERED 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) ADAM'S PEST CONTROL INC 05/02/2017 ADAM'S PEST CONTROL INC 05/02/2017 ALLOY WELDING & MFG., INC. 05/02/2017 COLONIAL LIFE PROCESSING CTR 05/02/2017 MADDEN GALANTER HANSEN, LLP 05/02/2017 COMMUNITY HEALTH CHARITIES 05/02/2017 ESCROW REFUND 05/02/2017 05/02/2017 TOSHIBA FINANCIAL SERVICES (2) 05/02/2017 MEDICA MN ENVIRONMENTAL FUND 05/02/2017 SAM'S CLUB DIRECT 05/02/2017 SAM'S CLUB DIRECT 05/02/2017 MADDEN GALANTER HANSEN, LLP 05/02/2017 MN UC FUND 05/02/2017 NORTH ST PAUL-MAPLEWOOD- 05/02/2017 255,615.3131Checks in this report. 05/02/2017 GREATER TWIN CITIES UNITED WAY 05/02/2017 US BANK G1, Attachments Packet Page Number 27 of 152 Settlement Date Payee Description Amount 4/24/2017 MN State Treasurer Drivers License/Deputy Registrar 33,073.76 4/24/2017 U.S. Treasurer Federal Payroll Tax 99,928.95 4/24/2017 P.E.R.A.P.E.R.A.99,341.24 4/24/2017 MN State Treasurer State Payroll Tax 21,240.53 4/24/2017 Labor Unions Union Dues 3,860.00 4/24/2017 MidAmerica - ING HRA Flex plan 19,895.90 4/24/2017 Empower - State Plan Deferred Compensation 29,259.00 4/25/2017 MN State Treasurer Drivers License/Deputy Registrar 55,475.37 4/26/2017 MN State Treasurer Drivers License/Deputy Registrar 44,277.77 4/26/2017 Delta Dental Dental Premium 1,154.15 4/27/2017 MN State Treasurer Drivers License/Deputy Registrar 81,983.38 4/28/2017 MN State Treasurer Drivers License/Deputy Registrar 44,811.26 4/28/2017 MN Dept of Natural Resources DNR electronic licenses 1,509.50 4/28/2017 Optum Health DCRP & Flex plan payments 2,985.77 4/28/2017 ICMA (Vantagepointe)Retiree Health Savings 11,721.91 550,518.49 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 28 of 152 CHECK #CHECK DATE EMPLOYEE NAME 183.17 04/21/17 04/21/17 JUENEMANN, KATHLEEN 456.30 04/21/17 SLAWIK, NORA 518.43 04/21/17 SMITH, BRYAN 456.30 2,579.60 04/21/17 CHRISTENSON, SCOTT 2,129.91 04/21/17 COLEMAN, MELINDA 5,852.67 04/21/17 FUNK, MICHAEL 5,067.75 04/21/17 LARSON, MICHELLE 2,082.60 04/21/17 SCHMIDT, DEBORAH 3,346.37 04/21/17 SINDT, ANDREA 3,060.57 04/21/17 HANSON, MELISSA 935.50 04/21/17 MOY, PAMELA 1,667.91 04/21/17 CRAWFORD, LEIGH 2,043.39 1,511.81 04/21/17 CROTTY, KERRY 4,251.23 04/21/17 BUSACK, DANIEL 3,970.33 04/21/17 CARNES, JOHN 359.40 04/21/17 BERGERON, ASHLEY 2,077.63 04/21/17 BIERDEMAN, BRIAN 4,069.27 04/21/17 BELDE, STANLEY 3,672.13 04/21/17 BENJAMIN, MARKESE 3,800.45 04/21/17 BAKKE, LONN 3,488.96 04/21/17 BARTZ, PAUL 4,476.32 04/21/17 ABEL, CLINT 3,239.64 04/21/17 ALDRIDGE, MARK 3,505.27 04/21/17 SHORTREED, MICHAEL 4,511.95 04/21/17 WYLIE, TAMMY 1,926.59 04/21/17 SCHNELL, PAUL 5,379.15 04/21/17 SHEA, STEPHANIE 1,720.99 04/21/17 HENDRICKS, JENNIFER 1,598.40 04/21/17 KVAM, DAVID 4,641.48 04/21/17 BERG, TERESA 210.00 04/21/17 CORCORAN, THERESA 2,084.89 2,816.40 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount 04/21/17 BEGGS, REGAN 1,945.80 04/21/17 EVANS, CHRISTINE 2,082.59 04/21/17 RUEB, JOSEPH 3,416.50 04/21/17 ARNOLD, AJLA 2,021.24 04/21/17 ANDERSON, CAROLE 04/21/17 OSTER, ANDREA 2,091.82 04/21/17 RICHTER, CHARLENE AMOUNT 04/21/17 04/21/17 OSWALD, BRENDA 2,168.05 04/21/17 PAULSETH, ELLEN 4,494.56 04/21/17 HERZOG, LINDSAY 1,376.79 04/21/17 RAMEAUX, THERESE 3,381.90 04/21/17 JAHN, DAVID 2,460.53 04/21/17 PRINS, KELLY 2,083.10 ABRAMS, MARYLEE 456.30 04/21/17 KNUTSON, LOIS XIONG, TOU 456.30 1,579.55 04/21/17 DEBILZAN, JUDY 2,327.39 04/21/17 VITT, SANDRA 1,462.85 04/21/17 WEAVER, KRISTINE G1, Attachments Packet Page Number 29 of 152 04/21/17 HALWEG, JODI 2,984.54 04/21/17 HAWTHORNE, ROCHELLE 3,001.15 04/21/17 HAGEN, MICHAEL 500.21 04/21/17 HALE, JOSEPH 432.61 04/21/17 DAWSON, RICHARD 4,368.76 04/21/17 EVERSON, PAUL 3,809.43 04/21/17 CRUMMY, CHARLES 212.01 04/21/17 DABRUZZI, THOMAS 2,991.77 04/21/17 COREY, ROBERT 212.01 04/21/17 CRAWFORD - JR, RAYMOND 3,714.03 04/21/17 BOURQUIN, RON 300.23 04/21/17 CAPISTRANT, JOHN 386.27 04/21/17 BAUMAN, ANDREW 3,593.17 04/21/17 BEITLER, NATHAN 397.51 04/21/17 BAHL, DAVID 509.86 04/21/17 BASSETT, BRENT 318.01 04/21/17 ZAPPA, ANDREW 2,925.74 04/21/17 ANDERSON, BRIAN 318.00 04/21/17 XIONG, KAO 3,269.35 04/21/17 XIONG, TUOYER 464.00 04/21/17 VANG, PAM 2,880.21 04/21/17 WENZEL, JAY 2,027.72 04/21/17 TAUZELL, BRIAN 3,734.17 04/21/17 THIENES, PAUL 3,861.81 04/21/17 STEINER, JOSEPH 4,221.26 04/21/17 SYPNIEWSKI, WILLIAM 3,343.44 04/21/17 SLATER, BENJAMIN 3,400.02 04/21/17 STARKEY, ROBERT 2,185.00 04/21/17 PETERSON, JARED 3,121.15 04/21/17 REZNY, BRADLEY 3,920.82 04/21/17 OLSON, JULIE 3,459.48 04/21/17 PARKER, JAMES 3,271.73 04/21/17 NYE, MICHAEL 4,504.14 04/21/17 OLDING, PARKER 3,111.59 04/21/17 MOE, AEH BEL 232.00 04/21/17 MULVIHILL, MARIA 2,987.71 04/21/17 METRY, ALESIA 4,175.46 04/21/17 MICHELETTI, BRIAN 3,702.75 04/21/17 MARINO, JASON 3,358.50 04/21/17 MCCARTY, GLEN 3,400.52 04/21/17 LANGNER, TODD 3,771.73 04/21/17 LYNCH, KATHERINE 3,095.79 04/21/17 LANDEROS CRUZ, JESSICA 464.00 04/21/17 LANGNER, SCOTT 3,224.58 04/21/17 KREKELER, NICHOLAS 1,284.11 04/21/17 KROLL, BRETT 1,131.54 04/21/17 JOHNSON, KEVIN 4,006.13 04/21/17 KONG, TOMMY 3,521.73 04/21/17 HOFMEISTER, TIMOTHY 496.00 04/21/17 JAMES JR, JUSTIN 464.00 04/21/17 HIEBERT, STEVEN 4,101.00 04/21/17 HOEMKE, MICHAEL 385.28 04/21/17 HAWKINSON JR, TIMOTHY 3,673.67 04/21/17 HER, PHENG 3,218.30 04/21/17 FRITZE, DEREK 3,336.02 04/21/17 GABRIEL, ANTHONY 3,868.41 04/21/17 FISHER, CASSANDRA 2,107.40 04/21/17 FORSYTHE, MARCUS 3,110.23 04/21/17 DUGAS, MICHAEL 4,147.29 04/21/17 ERICKSON, VIRGINIA 3,572.81 04/21/17 DEMULLING, JOSEPH 3,626.19 G1, Attachments Packet Page Number 30 of 152 23,443.82 04/21/17 HER, KONNIE 476.00 04/21/17 BIESANZ, OAKLEY 1,590.39 04/21/17 GERNES, CAROLE 1,694.94 04/21/17 ORE, JORDAN 2,155.30 04/21/17 BALLANDBY, JOSEPH 256.00 04/21/17 HINNENKAMP, GARY 2,586.40 04/21/17 NAUGHTON, JOHN 2,371.99 04/21/17 HAMRE, MILES 2,102.40 04/21/17 HAYS, TAMARA 1,842.93 04/21/17 THOMPSON, MICHAEL 5,279.51 04/21/17 ZIEMAN, SCOTT 232.00 04/21/17 LINDBLOM, RANDAL 3,003.92 04/21/17 LOVE, STEVEN 4,442.24 04/21/17 ENGSTROM, ANDREW 3,024.50 04/21/17 JAROSCH, JONATHAN 3,608.50 04/21/17 BURLINGAME, NATHAN 2,744.00 04/21/17 DUCHARME, JOHN 3,003.91 04/21/17 RUNNING, ROBERT 2,724.13 04/21/17 TEVLIN, TODD 2,399.99 04/21/17 OSWALD, ERICK 2,446.30 04/21/17 RUIZ, RICARDO 2,155.29 04/21/17 MEISSNER, BRENT 2,369.69 04/21/17 NAGEL, BRYAN 4,045.40 04/21/17 EDGE, DOUGLAS 2,349.30 04/21/17 JONES, DONALD 2,397.99 04/21/17 BUCKLEY, BRENT 2,988.26 04/21/17 DOUGLASS, TOM 1,942.59 04/21/17 JANASZAK, MEGHAN 2,343.36 04/21/17 BRINK, TROY 2,621.59 04/21/17 LUKIN, STEVEN 5,088.01 04/21/17 CORTESI, LUANNE 2,082.59 04/21/17 GERVAIS-JR, CLARENCE 24,004.35 04/21/17 LO, CHING 1,161.73 04/21/17 SVENDSEN, RONALD 4,622.22 04/21/17 ZAPPA, ERIC 2,465.32 04/21/17 SEDLACEK, JEFFREY 3,140.74 04/21/17 STREFF, MICHAEL 3,130.98 04/21/17 RODRIGUEZ, ROBERTO 2,996.53 04/21/17 SAUERWEIN, ADAM 53.01 04/21/17 POWERS, KENNETH 3,398.82 04/21/17 RANGEL, DERRICK 437.28 04/21/17 PACHECO, ALPHONSE 569.76 04/21/17 PETERSON, ROBERT 3,336.93 04/21/17 NOWICKI, PAUL 410.76 04/21/17 OPHEIM, JOHN 618.01 04/21/17 NIELSEN, KENNETH 247.21 04/21/17 NOVAK, JEROME 3,255.89 04/21/17 MORGAN, JEFFERY 365.93 04/21/17 NEILY, STEVEN 39.75 04/21/17 MERKATORIS, BRETT 689.02 04/21/17 MONDOR, MICHAEL 4,480.47 04/21/17 LINDER, TIMOTHY 3,589.82 04/21/17 LOCHEN, MICHAEL 821.23 04/21/17 KUBAT, ERIC 3,209.08 04/21/17 LANDER, CHARLES 2,860.92 04/21/17 KERSKA, JOSEPH 636.02 04/21/17 KONDER, RONALD 1,046.76 04/21/17 KANE, ROBERT 741.60 04/21/17 KARRAS, JAMIE 371.01 04/21/17 HUTCHINSON, JAMES 478.96 04/21/17 IMM, TRACY 543.26 G1, Attachments Packet Page Number 31 of 152 99102681 04/21/17 XIONG, BOON 2,010.53 04/21/17 FOWLDS, MYCHAL 4,219.45 04/21/17 PRIEM, STEVEN 2,682.48 04/21/17 WOEHRLE, MATTHEW 2,449.03 04/21/17 COUNTRYMAN, BRENDA 1,698.50 04/21/17 HARRER, NATALIE 780.00 04/21/17 WILBER, JEFFREY 2,055.57 04/21/17 WISTL, MOLLY 300.25 04/21/17 JENSEN, JOSEPH 1,960.09 04/21/17 SCHULTZ, SCOTT 4,002.21 04/21/17 ADAMS, DAVID 2,296.80 04/21/17 HAAG, MARK 2,611.59 04/21/17 BERGO, CHAD 3,180.39 04/21/17 FAIRBANKS, GEORGE 3,320.80 04/21/17 ROBBINS, CAMDEN 218.50 04/21/17 VUKICH, CANDACE 155.00 04/21/17 NEUMANN, BRAD 90.25 04/21/17 ROBBINS, AUDRA 3,677.59 04/21/17 ETTER, LAURA 75.00 04/21/17 GORACKI, GERALD 160.00 04/21/17 BJORK, BRANDON 166.75 04/21/17 BRENEMAN, NEIL 2,610.16 04/21/17 WEIDNER, JAMES 2,383.39 04/21/17 WELLENS, MOLLY 1,936.73 04/21/17 SWAN, DAVID 3,056.50 04/21/17 SWANSON, CHRIS 2,210.59 04/21/17 MARTIN, MICHAEL 3,609.86 04/21/17 BRASH, JASON 3,321.59 04/21/17 KROLL, LISA 2,084.89 04/21/17 FINWALL, SHANN 3,514.99 04/21/17 JOHNSON, ELIZABETH 1,774.59 04/21/17 KONEWKO, DUWAYNE 5,042.36 04/21/17 WOLFE, KAYLA 315.00 04/21/17 GAYNOR, VIRGINIA 3,583.43 04/21/17 TROENDLE, CATHY JO 96.00 04/21/17 WACHAL, KAREN 1,053.96 04/21/17 HUTCHINSON, ANN 2,930.89 04/21/17 VANG, DONNA 210.00 521,200.35 04/21/17 FRANZEN, NICHOLAS 3,441.36 04/21/17 GERONSIN, ALEXANDER 2,163.50 04/21/17 RENNER, MICHAEL 2,127.78 G1, Attachments Packet Page Number 32 of 152 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist DATE: April 26, 2017 SUBJECT: Approval of a Temporary Lawful Gambling - Local Permit for the St. Paul East Parks Lions Club at the Ramsey County Fair, 2020 White Bear Avenue Introduction An application for a temporary Lawful Gambling – Local Permit has been submitted by Thomas O’Ryan on behalf of the St. Paul East Parks Lion Club to be used for the club’s annual participation at the Ramsey County Fair from Wednesday, July 12th through Sunday, July 16th, 2017, and will allow for Bingo to be conducted during Fair hours. Proceeds will be used to support 501(c) organizations within the Community. Budget Impact None Recommendation Staff recommends Council approve the temporary Lawful Gambling – Local Permit for the St. Paul East Parks Lion Club on July 12th through July 16th at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood. Attachment None Packet Page Number 33 of 152 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist DATE: April 26, 2017 SUBJECT: Approval of a Temporary Lawful Gambling - Local Permit for LeadingAge Minnesota Foundation at Keller Golf Course, 2166 Maplewood Drive Introduction An application for a temporary Lawful Gambling - Local Permit has been submitted by Lori Meyer on behalf of LeadingAge Minnesota Foundation, to be used at the LeadingAge Minnesota Foundation Golf Tournament held at Keller Golf Course, 2166 Maplewood Drive. The event will be held on Wednesday, August 23, 2017 from 10:30am to 6:00pm, and will allow for raffles to be conducted during the event. Proceeds will go towards providing higher education scholarships to caregivers working in the older adult service industry. Budget Impact None Recommendation Staff recommends Council approve the temporary Lawful Gambling – Local Permit for LeadingAge Minnesota Foundation on August 23, 2017 at Keller Golf Course, 2166 Maplewood Drive. Attachment None Packet Page Number 34 of 152 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DuWayne Konewko, Environmental and Economic Development Department Director DATE: May 2, 2017 SUBJECT: Approval of Members of the 2040 Comprehensive Plan Steering Committee Introduction The city council is being requested to approve the proposed members of the 2040 Comprehensive Plan Steering Committee. The proposed list is found later on in this report. Every 10 years, all Twin Cities metro cities and counties are required to update its comprehensive plan to ensure compatibility with the plans adopted by the Metropolitan Council. Involvement from staff, appointed officials, and elected officials is imperative to a successful comprehensive planning process. City staff and the city’s comprehensive planning consultant – HKGi – will be regularly meeting with a 2040 Comprehensive Plan Steering Committee who will oversee the planning process. The steering committee will be comprised of one member from each of the city’s appointed citizen board and commissions – two from the planning commission. This committee will meet approximately every other month over the next year. Meeting times are expected to be early Thursday evenings. As a point of information, city staff will provide updates and presentations to the city council and the board and commissions to keep everyone apprised of the comprehensive planning process and from time to time, to seek feedback and direction on various ideas and initiatives. Discussion 2040 Comprehensive Plan Steering Committee The 2040 Comprehensive Plan Steering Committee will be engaged at every step of the previously detailed work plan. The first meeting for the 2040 Comprehensive Plan Steering Committee will be held on May 22, 2017 at 5 p.m. at Fire Station Number 2 – in Gladstone. Dinner will be provided to all attendees. This will be a joint meeting conducted with the city council and the planning commission and will serve as a “Maplewood Comprehensive Planning 101”. This meeting will be designed to provide an orientation to comprehensive planning in general and will also include a review of the current plan, required comprehensive plan contents, the Metropolitan Council’s Thrive 2040 initiative, Maplewood’s System Statement, the schedule for the update process and other pertinent information. G4 Packet Page Number 35 of 152 At their April meetings each board and commission was asked to identify a representative to the steering committee. Staff worked to identify the remaining community representatives. Proposed members of the 2040 Comprehensive Plan Steering Committee: • Jon Donofrio Planning Commission • Fred Dahm Planning Commission • Bill Kempe Community Design Review Board • Mollie Miller Environmental And Natural Resources Commission • Kimii Porter Parks and Recreation Commission • John Gasper Historic Preservation Commission • Brian Finley Housing and Economic Development Commission • Tou Xiong City Council • Kathleen Juenemann City Council • Marylee Abrams City Council • Justin Hollis Ramsey County • Joy Tkachuck Resident Representative • George Gonzalez Resident Representative • Carol Maloney Resident Representative • Jennifer Lewis Maplewood Mall – Business Representative • Jonathan Schmelz Schmelz Saab VW – Business Representative • Laura Keithahn Health East – Medical Representative • Jillian Prosser Allina Health – Medical Representative • Joshua Vang Hmong American Alliance Church Alternates • Benosi Maduka Housing and Economic Development Commission • Craig Brannon Parks and Recreation Commission • Mary Lou Egan Ramsey County Budget Impact None Recommendation Approve the membership of the 2040 Comprehensive Plan Steering Committee as outlined in this report. Attachments None G4 Packet Page Number 36 of 152 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DuWayne Konewko, Environmental and Economic Development Department Director DATE: May 2, 2017 SUBJECT: Approval of Resolution for Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC Introduction On April 24, 2017, the city council approved modifications to the tax-increment financing (TIF) plan that was originally approved as part of the effort to redevelop the 5.5 acre former Maplewood Bowl site into a three-phased, mixed-use project called Frost English Village. Originally, Phase Two of the project was slated to be 79 units of senior affordable housing. Due to market demand, Sherman has revised the project and intends to build 107 market-rate, senior housing units. This project change increases the amount of increment available to be generated by the TIF District and the plan needed to be modified to account for this. Request To follow up on the city council’s April 24, 2017 approval, the council is being asked to adopt a resolution approving the Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC. This development agreement incorporates the deal points that were defined in the approved, modified TIF plan. Background On 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 was used for public infrastructure improvements along Frost Avenue and assisted the developer with the purchase of the Maplewood Bowl site. On April 13, 2015, the city council approved conditional use permit, lot division and design review requests, which were required for this project to move forward. This included building approval for the first phase which is a four-story, multi-family building with 50 units. On May 26, 2015, the city council approved a tax-increment financing (TIF) plan for this project. The TIF plan works to offset a portion of its eligible costs incurred in the redevelopment of the 5.5 acre former Maplewood Bowl site. Additionally, the city undertook public improvements as part of the larger Gladstone area redevelopment plan, which included costs spent both inside and outside of the TIF District. A portion of these city incurred public improvement costs were eligible for reimbursement from TIF revenue. G5 Packet Page Number 37 of 152 On April 24, 2017, the city council approved modifications to the tax-increment financing (TIF) plan for this project. Sherman Associates revised Phase Two of this project from 79 units of affordable senior housing to 107 units of market-rate senior housing thus increasing the amount of increment expected to be captured. In negotiations with the developer on the modifications the city will now receive 25 percent of the increment in Phase Two instead of the previously agreed upon 10 percent. The developer will now receive 75 percent of the increment, instead of 90 percent. Discussion The approved, modified TIF plan for Phase Two is structured to reimburse the developer and city for TIF eligible expenditures of up to $3,900,000 at an interest rate of 5 percent. The developer will be reimbursed towards this principal amount on a pay-as-you-go basis from 75 percent of the annual TIF revenues. The city would capture the remaining 25 percent of increment generated by the project to finance other public improvement costs in the District and Project Area as determined. The attached resolution and development agreement commit the developer and city to the deal points agreed upon within the approved TIF plan. Budget Impact The current level of established property tax will continue to be collected and distributed to the city, county and school district. Approving a 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. Recommendation Approve the Resolution for the Phase Two Tax Increment Financing Development Agreement with Maplewood Senior Apartments, LLC. Attachments 1. Location Map 2. Resolution Approving Phase Two Tax Increment Financing Development Agreement with Maplewood Acquisitions, LLC 3. Phase Two TIF Development Agreement G5 Packet Page Number 38 of 152 §¨¦694 §¨¦494 §¨¦35 §¨¦94 Maplewood, City of Maplewood swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community TIF AREA G5, Attachment 1 1957 English Street - Frost English Village TIF Area Packet Page Number 39 of 152 8290658v1 EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: May 8, 2017 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 Monday, the 8th day of May, 2017, 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 DEVELOPMENT AGREEMENT A. WHEREAS, Maplewood Senior Apartments LLC (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 107-unit senior housing facility in the City by the Developer (the "Project"). B. WHEREAS, the Developer and the City have determined to enter into a 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. G5, Attachment 2 Packet Page Number 40 of 152 8290658v1 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 8th day of May, 2017. _________________________ Mayor Attest: ________________________ City Manager G5, Attachment 2 Packet Page Number 41 of 152 8290658v1 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 Development Agreement. WITNESS my hand as such Manager of the City Council of the City of Maplewood, Minnesota this _____ day of May, 2017. _____________________________ City Manager G5, Attachment 2 Packet Page Number 42 of 152 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MAPLEWOOD, MINNESOTA AND MAPLEWOOD SENIOR APARTMENTS LLC This document drafted by: BRIGGS AND MORGAN Professional Association 2200 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 G5, Attachment 3 Packet Page Number 43 of 152 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 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 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 G5, Attachment 3 Packet Page Number 44 of 152 DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the _____ day of _________, 2017, 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 Senior Apartments LLC, a Minnesota limited liability company (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 469.1794, 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, as amended on April 24, 2017 (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: G5, Attachment 3 Packet Page Number 45 of 152 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 Land Use Development Agreement for the Villages at Frost and English Developer Project 14-21 Associated City Project 14-01 dated August 1, 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 Senior Apartments LLC, 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; Development Property means the real property legally described in Exhibit A attached to this Agreement; G5, Attachment 3 Packet Page Number 46 of 152 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; Phase 1 Project means the 50 unit multifamily housing facility within the Tax Increment District; 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 107-unit senior 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 relating to the Project and paid by the Developer and those site improvements related to the Phase 1 Project and paid by Maplewood Apartments Limited Partnership; State means the State of Minnesota; Tax Increments means 75% 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, as amended on April 24, 2017; 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; G5, Attachment 3 Packet Page Number 47 of 152 TIF Note means the Tax Increment Revenue Note (Maplewood Senior Apartments LLC 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. Unavoidable Delays means delays, outside the control of the party claiming its occurrence, including the following: 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. G5, Attachment 3 Packet Page Number 48 of 152 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 acquisition costs of the Development Property and costs of Site Improvements incurred in connection with the Phase 1 Project and 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 liability company and has the power and authority to enter into this Agreement and to perform its obligations hereunder, and doing so will not violate its articles of organization, member control agreement or operating agreement, or the laws of the State and by proper action has authorized the execution and delivery of this Agreement. (2) The Developer shall cause the Project to be constructed 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. G5, Attachment 3 Packet Page Number 49 of 152 (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. (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 December 31, 2017 and barring Unavoidable Delays, the Project will be substantially completed by March 31, 2019. (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. G5, Attachment 3 Packet Page Number 50 of 152 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 construction of the Site Improvements are essential to the successful completion of the Project. The costs of the acquisition of the Development Property and the construction of Site Improvements have been or shall be paid by the Developer. The City shall reimburse the Developer for the lesser of $3,900,000 or costs of the acquisition of the Development Property and the construction of Site Improvements actually incurred and paid (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 relating to the Project has been completed and that the Developer has incurred and paid all costs of the acquisition of the Development Property and the construction of Site Improvements relating to the Project, as described in and limited by Section 3.1 and shall have submitted a settlement statement for the Development Property and 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% 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. G5, Attachment 3 Packet Page Number 51 of 152 (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, 2019 of not less than $14,445,000 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 without any further action of the City. 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 2019 through 2037, the Developer agrees that: G5, Attachment 3 Packet Page Number 52 of 152 (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. G5, Attachment 3 Packet Page Number 53 of 152 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 or 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, or 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 ninety (90) 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 ninety (90) 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 citing with specificity the item or items of default and notifying the Developer that it has thirty (30) G5, Attachment 3 Packet Page Number 54 of 152 days within which to cure said Event of Default. If the Event of Default has not been cured within said thirty (30) days: (1) The City may suspend its performance under this Agreement until it receives assurances from the Developer, deemed adequate by the City, that the Developer will cure the Event of Default and continue its performance under this Agreement, and no interest shall accrue on the Note while performance is suspended in accordance with this Section 4.2. (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, G5, Attachment 3 Packet Page Number 55 of 152 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 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. G5, Attachment 3 Packet Page Number 56 of 152 ARTICLE V DEVELOPER'S OPTION TO TERMINATE AGREEMENT Section 5.1 The Developer's Option to Terminate. This Agreement and the Assessment Agreement may be terminated by Developer, if (i) the Developer is in compliance with all material terms of this Agreement and the Assessment 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 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. G5, Attachment 3 Packet Page Number 57 of 152 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 senior 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 Senior Apartments LLC 233 Park Avenue South, #201 Minneapolis, MN 55415 ATTN: Asset Management Copy to: General Counsel (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. G5, Attachment 3 Packet Page Number 58 of 152 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 without any further documentation. 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. G5, Attachment 3 Packet Page Number 59 of 152 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 Senior Apartments LLC. G5, Attachment 3 Packet Page Number 60 of 152 MAPLEWOOD SENIOR APARTMENTS LLC By: Its: This is a signature page to the Development Agreement by and between the City of Maplewood and Maplewood Senior Apartments LLC. G5, Attachment 3 Packet Page Number 61 of 152 EXHIBIT A LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Lot 2, Block 1, The Villages at Frost-English, Ramsey County, Minnesota. G5, Attachment 3 Packet Page Number 62 of 152 EXHIBIT B FORM OF TIF NOTE No. R-1 $3,900,000 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD TAX INCREMENT REVENUE NOTE (MAPLEWOOD SENIOR APARTMENTS LLC 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 Senior Apartments LLC, 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 $3,900,000 as provided in that certain Development Agreement, dated as of ____________, 2017, as the same may be amended from time to time (the "Development Agreement"), by and between the City and Maplewood Senior Apartments LLC. 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 percent (5%) 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 75% 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 469.174 through 469.1794, as the same may be amended or supplemented from time to time (the G5, Attachment 3 Packet Page Number 63 of 152 "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. G5, Attachment 3 Packet Page Number 64 of 152 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 _______________, 20__. ________________________ City Manager Mayor G5, Attachment 3 Packet Page Number 65 of 152 CERTIFICATION OF REGISTRATION It is hereby certified that the foregoing Note, as originally issued on _______________, 2017, was on said date registered in the name of Maplewood Senior Apartments LLC, 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 Senior Apartments LLC 233 Park Avenue South, #201 Minneapolis, MN 55415 _____________, 20___ _________________________ G5, Attachment 3 Packet Page Number 66 of 152 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 G5, Attachment 3 Packet Page Number 67 of 152 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 Senior Apartments LLC, a Minnesota limited liability company (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 ______________, 2017 (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 107-unit senior housing 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, 2019 through and thereafter until December 31, 2042 the minimum market value which shall be assessed for the Project shall be not less than $14,445,000. 2. The minimum market value herein established shall be of no further force and effect and this Agreement shall terminate on 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 the Development Agreement is terminated or rescinded in accordance with its terms (the "Termination Date"). If the Termination Date is earlier than January 2, 2042 for taxes payable in 2043, the City shall duly execute and record a release of this Agreement upon the written request and sole expense of the then holder of fee title to the Development Property. 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. G5, Attachment 3 Packet Page Number 68 of 152 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. 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. G5, Attachment 3 Packet Page Number 69 of 152 _______________________________________ Notary Public This Instrument Drafted By: Briggs and Morgan, P.A. 2200 First National Bank Building St. Paul, MN 55101 G5, Attachment 3 Packet Page Number 70 of 152 MAPLEWOOD SENIOR APARTMENTS LLC By: ___________________________________ Its: ________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this ___ day of ________, 20__, by ___________________, ________________of Maplewood Senior Apartments LLC, on behalf of said limited liability company. _______________________________________ Notary Public Signature page for Assessment Agreement by and between the City of Maplewood, Minnesota, Maplewood Senior Apartments LLC, and the Ramsey County Assessor. G5, Attachment 3 Packet Page Number 71 of 152 CERTIFICATION BY COUNTY ASSESSOR The undersigned, having reviewed the Assessment Agreement dated as of _________, 2017 between the City of Maplewood, Minnesota and Maplewood Senior Apartments LLC, a Minnesota limited liability company; 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 G5, Attachment 3 Packet Page Number 72 of 152 EXHIBIT A TO ASSESSMENT AGREEMENT LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY Lot 2, Block 1, The Villages at Frost-English, Ramsey County, Minnesota. G5, Attachment 3 Packet Page Number 73 of 152 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 $14,445,000 as of January 2, 2019 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 G5, Attachment 3 Packet Page Number 74 of 152 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Jon Jarosch, Civil Engineer II DATE: May 1, 2017 SUBJECT: Consider Approval of Resolution Adopting Revised Assessment Roll, Pond- Dorland Area Street Improvements, Project 16-12 Introduction On April 24, 2017 the assessment hearing was held and objections were received for the Pond- Dorland Area Street Improvements, Project 16-12. Recommendations for action on each of the objections are provided for City Council approval in considering adopting the final assessment roll. All property owners have been mailed a notice of staff’s recommendation along with the date that the City Council will consider approving the recommendations and adopting the revised assessment roll. Background The proposed assessments for the Pond-Dorland Area Street Improvements were submitted to the City Council for adoption at the April 24, 2017 meeting. Residents were provided with the required advanced notice of the assessment hearing. Residents were required to file a written notice if they objected to the assessment amount. Six (6) property owners provided written objections and are listed below: 1. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. 2. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. 3. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. 4. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. I1 Packet Page Number 75 of 152 5. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. 6. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. Discussion City Staff reviewed the requests and recommends granting the financial hardship, senior citizen, and undeveloped property deferrals upon approval of proper documentation. The recommendations are consistent with the City’s Assessment Policy. If council chooses to adopt the staff recommendation and a property owner disagrees with the action then he/she must follow statutory rules by appealing to the City and serving notice to District Court. The following are recommended adjustments by staff to the assessment roll: 1. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00 Ms. McDonough is requesting a senior citizen or financial hardship deferral. Staff recommendation is to grant a senior citizen and financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. Staff recommendation is to deny the request for cancellation of assessment for the undeveloped portion of the property off of Boxwood Avenue, as the property is being assessed per the City’s assessment Policy and the assessment does not exceed the benefit to the property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property off of Boxwood Avenue. If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. Also, staff recommendation is to grant a revision of assessment for the property’s frontage along Dorland Road, recognizing past investment into the street infrastructure. The road was previously improved along fifty-five linear feet of the property’s Dorland Road frontage as part of City Project 87-19 to include concrete curb and gutter and a I1 Packet Page Number 76 of 152 full-urban street section. Staff recommends reducing the assessment utilizing a ratio of the remaining unimproved frontage to the entire property frontage (65-feet/120-feet). This results in a proposed assessment amount for the Dorland road frontage of $3,575.00. 3. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. Staff recommendation is to deny the request for cancellation or revision of assessment, as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 4. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 5. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 6. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. Budget Impact The project budget will not be affected by approving the recommendations above. Recommendation It is recommended that the City Council approve the attached resolutions for Adopting Revised Assessment Roll for the Pond-Dorland Area Street Improvements, City Project 16-12. I1 Packet Page Number 77 of 152 Attachments 1. Resolution Adopting Revised Assessment Roll 2. Project Location Map 3. Final Assessment Roll 4. Assessment Objections I1 Packet Page Number 78 of 152 RESOLUTION ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on April 24, 2017, the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, six (6) the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. 2. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. 3. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. 4. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. 5. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. 6. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. I1, Attachment 1 Packet Page Number 79 of 152 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12: 1. Parcel 12-28-22-23-0225 – Judith R. McDonough, 427 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. McDonough is requesting a senior citizen or financial hardship deferral. Staff recommendation is to grant a senior citizen and financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 2. Parcel 24-28-22-22-0013 – Elmer and Mary Guetschoff, 1211 Dorland Road South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 for the undeveloped portion off of Boxwood Avenue and $6,600.00 for the developed portion off of Dorland Road South. Mr. and Mrs. Guetschoff are requesting a cancellation of assessment for the Boxwood Avenue portion of their assessment and a revision of the Dorland Road portion of their assessment. Staff recommendation is to deny the request for cancellation of assessment for the undeveloped portion of the property off of Boxwood Avenue, as the property is being assessed per the City’s assessment Policy and the assessment does not exceed the benefit to the property. Staff however recommends granting an undeveloped property deferral for the undeveloped portion of the property off of Boxwood Avenue (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. Staff recommendation is to grant a revision of assessment for the property’s frontage along Dorland Road, recognizing past investment into the street infrastructure. The road was previously improved along fifty-five linear feet of the property’s Dorland Road frontage as part of City Project 87-19 to include concrete curb and gutter and a full-urban street section. Staff recommends reducing the assessment utilizing a ratio of the remaining unimproved frontage to the entire property frontage (65-feet/120-feet). This results in a revised assessment amount for the Dorland road frontage of $3,575.00. 3. Parcel 12-28-22-23-0267 – Kathleen A. Stephan, 377 Pond Court. It is currently proposed that the property be assessed for 1 unit at a rate of $1,613.00. Ms. Stephan is requesting a cancellation or revision of assessment. Staff recommendation is to deny the request for cancellation or revision of assessment, as this property is being assessed per the City’s assessment policy and the assessment I1, Attachment 1 Packet Page Number 80 of 152 does not exceed the benefit to the property as determined through the special benefit appraisal. 4. Parcel 12-28-22-23-0291 – Amanda K. Jensen, 385 Dorland Road South. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Jensen is requesting a financial hardship deferral. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 5. Parcel 12-28-22-23-0320 – William J. Mathison, 2352 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Mr. Mathison is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 6. Parcel 12-28-22-23-0304 – Bozena Sobieska, 2355 Dorland Lane East. It is currently proposed that the property be assessed for 1 unit at a rate of $806.50. Ms. Sobieska is requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. B. The assessment roll for the Pond-Dorland Area Street Improvements, City Project 16-12, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.00 percent per annum form the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the County Auditor the entire amount of the assessment remaining unpaid, I1, Attachment 1 Packet Page Number 81 of 152 with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 16 or interest will be charged through December 31 of the next succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 8th day of May 2017. I1, Attachment 1 Packet Page Number 82 of 152 I1, Attachment 2 Packet Page Number 83 of 152 Final Assessment Roll Pond‐Dorland Area Street Improvements City Project 16‐12 ParcelID SiteAddress Units Total Assessment 122822230002 2318 Londin Ln E 0.5 $806.50 122822230003 2302 Londin Ln E 0.5 $806.50 122822230004 2286 Londin Ln E 0.5 $806.50 122822230011 410 Mcknight Rd S 1 $23,760.00 122822230204 2286 Pond Ave E 1 $1,613.00 122822230205 2284 Pond Ave E 1 $1,613.00 122822230206 2290 Pond Ave E 1 $1,613.00 122822230207 2288 Pond Ave E 1 $1,613.00 122822230208 2296 Pond Ave E 1 $1,613.00 122822230209 2294 Pond Ave E 1 $1,613.00 122822230210 2300 Pond Ave E 1 $1,613.00 122822230211 2298 Pond Ave E 1 $1,613.00 122822230212 2306 Pond Ave E 1 $1,613.00 122822230213 2304 Pond Ave E 1 $1,613.00 122822230214 2310 Pond Ave E 1 $1,613.00 122822230215 2308 Pond Ave E 1 $1,613.00 122822230216 407 Dorland Rd S 1 $1,613.00 122822230217 413 Dorland Rd S 1 $1,613.00 122822230218 411 Dorland Rd S 1 $1,613.00 122822230219 409 Dorland Rd S 1 $1,613.00 122822230220 417 Dorland Rd S 1 $1,613.00 122822230221 423 Dorland Rd S 1 $1,613.00 122822230222 421 Dorland Rd S 1 $1,613.00 122822230223 419 Dorland Rd S 1 $1,613.00 122822230224 429 Dorland Rd S 1 $1,613.00 122822230225 427 Dorland Rd S 1 $1,613.00 122822230226 433 Dorland Rd S 1 $1,613.00 122822230227 431 Dorland Rd S 1 $1,613.00 122822230228 439 Dorland Rd S 1 $1,613.00 122822230229 437 Dorland Rd S 1 $1,613.00 122822230230 443 Dorland Rd S 1 $1,613.00 122822230231 441 Dorland Rd S 1 $1,613.00 122822230232 451 Dorland Rd S 1 $1,613.00 122822230233 449 Dorland Rd S 1 $1,613.00 122822230234 447 Dorland Rd S 1 $1,613.00 122822230235 453 Dorland Rd S 1 $1,613.00 122822230236 2313 Mailand Rd E 1 $1,613.00 122822230237 2315 Mailand Rd E 1 $1,613.00 I1, Attachment 3 Packet Page Number 84 of 152 122822230248 370 Mcknight Rd S 1 $1,613.00 122822230249 372 Mcknight Rd S 1 $1,613.00 122822230250 374 Mcknight Rd S 1 $1,613.00 122822230251 376 Mcknight Rd S 1 $1,613.00 122822230252 378 Mcknight Rd S 1 $1,613.00 122822230253 380 Mcknight Rd S 1 $1,613.00 122822230254 382 Mcknight Rd S 1 $1,613.00 122822230255 384 Mcknight Rd S 1 $1,613.00 122822230256 2279 Pond Ave E 1 $1,613.00 122822230257 2281 Pond Ave E 1 $1,613.00 122822230258 2283 Pond Ave E 1 $1,613.00 122822230259 2285 Pond Ave E 1 $1,613.00 122822230260 2287 Pond Ave E 1 $1,613.00 122822230261 2289 Pond Ave E 1 $1,613.00 122822230262 2291 Pond Ave E 1 $1,613.00 122822230263 2293 Pond Ave E 1 $1,613.00 122822230264 371 Pond Ct 1 $1,613.00 122822230265 373 Pond Ct 1 $1,613.00 122822230266 375 Pond Ct 1 $1,613.00 122822230267 377 Pond Ct 1 $1,613.00 122822230268 379 Pond Ct 1 $1,613.00 122822230269 381 Pond Ct 1 $1,613.00 122822230270 383 Pond Ct 1 $1,613.00 122822230271 385 Pond Ct 1 $1,613.00 122822230272 2310 Londin Ct 0.5 $806.50 122822230273 2312 Londin Ct 0.5 $806.50 122822230274 2314 Londin Ct 0.5 $806.50 122822230275 2316 Londin Ct 0.5 $806.50 122822230276 2318 Londin Ct 0.5 $806.50 122822230277 2320 Londin Ct 0.5 $806.50 122822230278 2322 Londin Ct 0.5 $806.50 122822230279 2324 Londin Ct 0.5 $806.50 122822230280 2315 Pond Ave E 1 $1,613.00 122822230281 2317 Pond Ave E 1 $1,613.00 122822230282 2319 Pond Ave E 1 $1,613.00 122822230283 2321 Pond Ave E 1 $1,613.00 122822230284 371 Dorland Rd S 0.5 $806.50 122822230285 373 Dorland Rd S 0.5 $806.50 122822230286 375 Dorland Rd S 0.5 $806.50 122822230287 377 Dorland Rd S 0.5 $806.50 122822230288 379 Dorland Rd S 0.5 $806.50 122822230289 381 Dorland Rd S 0.5 $806.50 122822230290 383 Dorland Rd S 0.5 $806.50 I1, Attachment 3 Packet Page Number 85 of 152 122822230291 385 Dorland Rd S 0.5 $806.50 122822230292 2370 Londin Ln E 0.5 $806.50 122822230293 2368 Londin Ln E 0.5 $806.50 122822230294 2366 Londin Ln E 0.5 $806.50 122822230295 2364 Londin Ln E 0.5 $806.50 122822230296 2362 Londin Ln E 0.5 $806.50 122822230297 2360 Londin Ln E 0.5 $806.50 122822230298 2358 Londin Ln E 0.5 $806.50 122822230299 2356 Londin Ln E 0.5 $806.50 122822230300 366 Dorland Rd S 0.5 $806.50 122822230301 368 Dorland Rd S 0.5 $806.50 122822230302 370 Dorland Rd S 0.5 $806.50 122822230303 372 Dorland Rd S 0.5 $806.50 122822230304 2355 Dorland Ln 0.5 $806.50 122822230305 2357 Dorland Ln 0.5 $806.50 122822230306 2359 Dorland Ln 0.5 $806.50 122822230307 2361 Dorland Ln 0.5 $806.50 122822230308 2363 Dorland Ln 0.5 $806.50 122822230309 2365 Dorland Ln 0.5 $806.50 122822230310 371 Dorland Ln 0.5 $806.50 122822230311 369 Dorland Ln 0.5 $806.50 122822230312 2370 Dorland Ln 0.5 $806.50 122822230313 2368 Dorland Ln 0.5 $806.50 122822230314 2366 Dorland Ln 0.5 $806.50 122822230315 2364 Dorland Ln 0.5 $806.50 122822230316 2360 Dorland Ln 0.5 $806.50 122822230317 2358 Dorland Ln 0.5 $806.50 122822230318 2356 Dorland Ln 0.5 $806.50 122822230319 2354 Dorland Ln 0.5 $806.50 122822230320 2352 Dorland Ln 0.5 $806.50 122822230321 2350 Dorland Ln 0.5 $806.50 122822230322 394 Dorland Dr 1 $1,613.00 122822230323 396 Dorland Dr 1 $1,613.00 122822230324 398 Dorland Dr 1 $1,613.00 122822230325 400 Dorland Dr 1 $1,613.00 122822230326 402 Dorland Dr 1 $1,613.00 122822230327 404 Dorland Dr 1 $1,613.00 122822230328 2352 Dorland Dr 1 $1,613.00 122822230329 2350 Dorland Dr 1 $1,613.00 122822230330 2348 Dorland Dr 1 $1,613.00 122822230331 2346 Dorland Dr 1 $1,613.00 122822230332 2344 Dorland Dr 1 $1,613.00 122822230333 2342 Dorland Dr 1 $1,613.00 I1, Attachment 3 Packet Page Number 86 of 152 122822230334 410 Dorland Rd S 1 $1,613.00 122822230335 412 Dorland Rd S 1 $1,613.00 122822230336 414 Dorland Rd S 1 $1,613.00 122822230337 416 Dorland Rd S 1 $1,613.00 122822230338 2349 Dorland Pl 1 $1,613.00 122822230339 2351 Dorland Pl 1 $1,613.00 122822230340 2353 Dorland Pl 1 $1,613.00 122822230341 2355 Dorland Pl 1 $1,613.00 122822230342 2357 Dorland Pl 1 $1,613.00 122822230343 2359 Dorland Pl 1 $1,613.00 122822230344 413 Dorland Pl 1 $1,613.00 122822230345 411 Dorland Pl 1 $1,613.00 122822230346 409 Dorland Pl 1 $1,613.00 122822230347 407 Dorland Pl 1 $1,613.00 122822230348 2367 Dorland Pl 1 $1,613.00 122822230349 2369 Dorland Pl 1 $1,613.00 122822230350 2371 Dorland Pl 1 $1,613.00 122822230351 2373 Dorland Pl 1 $1,613.00 122822230352 408 Dorland Pl 1 $1,613.00 122822230353 410 Dorland Pl 1 $1,613.00 122822230354 412 Dorland Pl 1 $1,613.00 122822230355 414 Dorland Pl 1 $1,613.00 122822230356 416 Dorland Pl 1 $1,613.00 122822230357 418 Dorland Pl 1 $1,613.00 122822230358 420 Dorland Pl 1 $1,613.00 122822230359 422 Dorland Pl 1 $1,613.00 122822230360 2368 Dorland Pl 1 $1,613.00 122822230361 2366 Dorland Pl 1 $1,613.00 122822230362 2364 Dorland Pl 1 $1,613.00 122822230363 2362 Dorland Pl 1 $1,613.00 122822230364 2360 Dorland Pl 1 $1,613.00 122822230365 2358 Dorland Pl 1 $1,613.00 122822230366 2356 Dorland Pl 1 $1,613.00 122822230367 2354 Dorland Pl 1 $1,613.00 122822230368 2348 Dorland Pl 1 $1,613.00 122822230369 2346 Dorland Pl 1 $1,613.00 122822230370 2344 Dorland Pl 1 $1,613.00 122822230371 2342 Dorland Pl 1 $1,613.00 122822230372 2338 Dorland Pl 1 $1,613.00 122822230373 2336 Dorland Pl 1 $1,613.00 122822230374 2334 Dorland Pl 1 $1,613.00 122822230375 2332 Dorland Pl 1 $1,613.00 122822230376 2330 Dorland Pl 1 $1,613.00 I1, Attachment 3 Packet Page Number 87 of 152 122822230377 2328 Dorland Pl 1 $1,613.00 122822230378 436 Dorland Rd S 0.5 $806.50 122822230379 438 Dorland Rd S 0.5 $806.50 122822230380 440 Dorland Rd S 0.5 $806.50 122822230381 442 Dorland Rd S 0.5 $806.50 122822230382 444 Dorland Rd S 0.5 $806.50 122822230383 446 Dorland Rd S 0.5 $806.50 122822230384 448 Dorland Rd S 0.5 $806.50 122822230385 450 Dorland Rd S 0.5 $806.50 122822230386 2335 Dorland Ct 0.5 $806.50 122822230387 2337 Dorland Ct 0.5 $806.50 122822230388 2339 Dorland Ct 0.5 $806.50 122822230389 2341 Dorland Ct 0.5 $806.50 122822230390 2343 Dorland Ct 0.5 $806.50 122822230391 2345 Dorland Ct 0.5 $806.50 122822230392 2349 Mailand Ct 0.5 $806.50 122822230393 2351 Mailand Ct 0.5 $806.50 122822230394 2353 Mailand Ct 0.5 $806.50 122822230395 2355 Mailand Ct 0.5 $806.50 122822230396 2357 Mailand Ct 0.5 $806.50 122822230397 2359 Mailand Ct 0.5 $806.50 122822230398 2361 Mailand Ct 0.5 $806.50 122822230399 2363 Mailand Ct 0.5 $806.50 122822230400 2371 Mailand Ct 0.5 $806.50 122822230401 2373 Mailand Ct 0.5 $806.50 122822230402 2375 Mailand Ct 0.5 $806.50 122822230403 2377 Mailand Ct 0.5 $806.50 122822230404 2328 Dorland Ct 0.5 $806.50 122822230405 2330 Dorland Ct 0.5 $806.50 122822230406 2332 Dorland Ct 0.5 $806.50 122822230407 2334 Dorland Ct 0.5 $806.50 122822230408 2336 Dorland Ct 0.5 $806.50 122822230409 2338 Dorland Ct 0.5 $806.50 122822230410 463 Dorland Ct 0.5 $806.50 122822230411 465 Dorland Ct 0.5 $806.50 122822230412 467 Dorland Ct 0.5 $806.50 122822230413 469 Dorland Ct 0.5 $806.50 122822230414 2367 Dorland Ct 0.5 $806.50 122822230415 2365 Dorland Ct 0.5 $806.50 122822230416 2363 Dorland Ct 0.5 $806.50 122822230417 2361 Dorland Ct 0.5 $806.50 122822230418 460 Dorland Ct 0.5 $806.50 122822230419 458 Dorland Ct 0.5 $806.50 I1, Attachment 3 Packet Page Number 88 of 152 122822230420 456 Dorland Ct 0.5 $806.50 122822230421 454 Dorland Ct 0.5 $806.50 122822230422 2360 Mailand Ct 0.5 $806.50 122822230423 2362 Mailand Ct 0.5 $806.50 122822230424 2364 Mailand Ct 0.5 $806.50 122822230425 2366 Mailand Ct 0.5 $806.50 122822230426 2368 Mailand Ct 0.5 $806.50 122822230427 2370 Mailand Ct 0.5 $806.50 122822230428 2372 Mailand Ct 0.5 $806.50 122822230429 2374 Mailand Ct 0.5 $806.50 122822230430 457 Mailand Ct 0.5 $806.50 122822230431 459 Mailand Ct 0.5 $806.50 122822230432 461 Mailand Ct 0.5 $806.50 122822230433 463 Mailand Ct 0.5 $806.50 122822230434 465 Mailand Ct 0.5 $806.50 122822230435 467 Mailand Ct 0.5 $806.50 122822230436 469 Mailand Ct 0.5 $806.50 122822230437 471 Mailand Ct 0.5 $806.50 132822330044 2261 Boxwood Ave E 1 $3,450 132822330045 2267 Boxwood Ave E 1 $3,450 132822330046 2275 Boxwood Ave E 1 $3,450 132822330047 2283 Boxwood Ave E 1 $3,450 132822330048 2291 Boxwood Ave E 1 $3,450 132822330049 2299 Boxwood Ave E 1 $3,450 132822330050 2307 Boxwood Ave E 1 $3,450 132822330067 2325 Boxwood Ave E 1 $3,450 132822330068 2319 Boxwood Ave E 1 $3,450 132822330084 2311 Boxwood Ave E 1 $3,450 132822330085 2317 Boxwood Ave E 1 $3,450 242822220001 1208 Dorland Rd S 1 $6,600 242822220002 1220 Dorland Rd S 1 $6,600 242822220003 1234 Dorland Rd S 1 $6,600 242822220004 1240 Dorland Rd S 1 $6,600 242822220005 1250 Dorland Rd S 1 $6,600 242822220006 1260 Dorland Rd S 1 $6,600 242822220007 1268 Dorland Rd S 1 $6,600 242822220008 1278 Dorland Rd S 1 $6,600 242822220009 1288 Dorland Rd S 1 $6,600 242822220013 1211 Dorland Rd S 2 $7,025 242822220014 1221 Dorland Rd S 1 $6,600 242822220015 1235 Dorland Rd S 1 $6,600 242822220016 1239 Dorland Rd S 1 $6,600 242822220017 1251 Dorland Rd S 1 $6,600 I1, Attachment 3 Packet Page Number 89 of 152 242822220018 1265 Dorland Rd S 1 $6,600 242822220019 1277 Dorland Rd S 1 $6,600 242822220020 1289 Dorland Rd S 1 $6,600 242822220021 2345 Carver Ave E 1 $6,600 242822220035 1220 Mcknight Rd S 1 $42,366.00 242822220037 2353 Carver Ave E 1 $6,600 242822230014 1323 Dorland Rd S 1 $3,450 242822230015 1331 Dorland Rd S 1 $3,450 242822230016 1339 Dorland Rd S 1 $3,450 242822230017 1347 Dorland Rd S 1 $3,450 242822230020 2330 Overlook Cir E 1 $3,450 242822230021 2338 Overlook Cir E 1 $3,450 242822230022 1371 Dorland Rd S 1 $3,450 242822230023 1379 Dorland Rd S 1 $3,450 242822230024 1387 Dorland Rd S 1 $3,450 242822230025 2346 Heights Ave E 1 $3,450 242822230026 2354 Heights Ave E 1 $3,450 242822230027 2362 Heights Ave E 1 $3,450 242822230028 2372 Heights Ave E 1 $3,450 242822230029 1324 Dorland Rd S 1 $3,450 242822230030 1332 Dorland Rd S 1 $3,450 242822230031 1340 Dorland Rd S 1 $3,450 242822230032 1348 Dorland Rd S 1 $3,450 242822230033 1356 Dorland Rd S 1 $3,450 242822230034 1364 Dorland Rd S 1 $3,450 242822230035 1372 Dorland Rd S 1 $3,450 242822230036 1380 Dorland Rd S 1 $3,450 242822230037 1388 Dorland Rd S 1 $3,450 242822230038 2359 Heights Ave E 1 $3,450 242822230039 1355 Dorland Rd S 1 $3,450 242822230040 2322 Overlook Cir E 1 $3,450 Totals: 230.5 $594,393.50 $3,450 $4,950 $6,600 Residential Pavement Rehabilitation Unit Assessment Rate: Residential Partial Reconstruction Unit Assessment Rate: Residential Full Reconstruction Unit Assessment Rate: I1, Attachment 3 Packet Page Number 90 of 152 Total Pond Avenue Front Footage:240 $99 Total Townhome Assessment:$23,760.00 3698.5 $99 Total Townhome Assessment:$366,151.50 Number of Townhome Units:227 Assessment Rate Per Unit:$1,613.00 Total Pond Avenue Front Footage:614 $69 Total Townhome Assessment:$42,366.00 Undeveloped Portion on Boxwood:$3,450.00 $3,575.00 Total Assessment:$7,025.00 1211 Dorland Road Assessment Adjustment Dorland Portion Recognizing Past Investment: Seventh Day Church Calculations Partial Reconstruction Rate per Front‐Foot: Townhomes Unit Rate Calculations Total Townhome Front‐Footage: Partial Reconstruction Rate per Front‐Foot: Maplewood Gardens Apartments Calculations Partial Reconstruction Rate per Front‐Foot: I1, Attachment 3 Packet Page Number 91 of 152 I1, Attachment 4 Packet Page Number 92 of 152 I1, Attachment 4 Packet Page Number 93 of 152 I1, Attachment 4Packet Page Number 94 of 152 I1, Attachment 4 Packet Page Number 95 of 152 I1, Attachment 4 Packet Page Number 96 of 152 I1, Attachment 4 Packet Page Number 97 of 152 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Jon Jarosch, Civil Engineer II DATE: May 1, 2017 SUBJECT: Consider Approval of Resolution Adopting Revised Assessment Roll, Hillwood- Crestview Area Street Improvements, Project 16-13 Introduction On April 24, 2017 the assessment hearing was held and objections were received for the Hillwood-Crestview Area Street Improvements, Project 16-13. Recommendations for action on each of the objections are provided for City Council approval in considering adopting the final assessment roll. All property owners have been mailed a notice of staff’s recommendation along with the date that the City Council will consider approving the recommendations and adopting the revised assessment roll. Background The proposed assessments for the Hillwood-Crestview Area Street Improvements were submitted to the City Council for adoption at the April 24, 2017 meeting. Residents were provided with the required advanced notice of the assessment hearing. Residents were required to file a written notice if they objected to the assessment amount. Four (4) property owners provided written objections and are listed below: 1. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. 2. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. 3. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. 4. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. I2 Packet Page Number 98 of 152 Discussion City Staff reviewed the requests and recommends granting the financial hardship, senior citizen, and undeveloped property deferrals upon approval of proper documentation. The recommendations are consistent with the City’s Assessment Policy. If council chooses to adopt the staff recommendation and a property owner disagrees with the action then he/she must follow statutory rules by appealing to the City and serving notice to District Court. The following are recommended adjustments by staff to the assessment roll: 1. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property. If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. 2. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property. If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment, as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 3. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. Packet Page Number 99 of 152 I2 Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. Budget Impact The project budget will not be affected by approving the recommendations above. Recommendation It is recommended that the City Council approve the attached resolutions for Adopting Revised Assessment Roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13. Attachments 1. Resolution Adopting Revised Assessment Roll 2. Project Location Map 3. Final Assessment Roll 4. Assessment Objections Packet Page Number 100 of 152 I2 RESOLUTION ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution passed by the City Council on April 24, 2017, the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, four (4) the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. 2. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. 3. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. 4. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16-13: 1. Parcel 12-28-22-31-0033 – Kenneth R. Bennett, 535 Crestview Drive South. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. Bennett is requesting an undeveloped property deferral for the undeveloped portion of his property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. I2, Attachment 1 Packet Page Number 101 of 152 2. Parcel 12-28-22-31-0032 – Joan and Mark Strobel, 2380 Oakridge Drive East. It is currently proposed that the property be assessed for 2 units at a rate of $3,450.00 per unit. Mr. and Mrs. Strobel are requesting an undeveloped property deferral for the undeveloped portion of their property. Staff recommends granting an undeveloped property deferral for the undeveloped portion of the property (1 unit). If approved, the undeveloped property deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period. If improvements are made to the undeveloped property within the deferral period, the assessment will become due with accumulated interest. If no improvements are made during the 15-year deferral period, the assessment would be terminated. 3. Parcel 12-28-22-31-0005 – Elsa A. Wodesso, 504 Crestview Drive South. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Ms. Wodesso is requesting a revision of assessment and a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment, as this property is being assessed per the City’s assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. 4. Parcel 12-28-22-31-0049 – Richard and Antonia Morgan, 2416 Teakwood Drive East. It is currently proposed that the property be assessed for 1 unit at a rate of $3,450.00. Mr. and Mrs. Morgan are requesting a senior citizen deferral. Staff recommendation is to grant a senior citizen deferral upon approval of necessary paperwork. If approved, the deferral will be for a period of 15 years. Interest will accrue at a rate of 4 percent during the deferral period and the assessment will become due with accumulated interest at the end of the deferral period. B. The assessment roll for the Hillwood-Crestview Area Street Improvements, City Project 16- 13, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each track of land therein included is hereby found to be benefited by the proposed improvements in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential, commercial, townhomes, and multi-family properties, the first installments to be payable on or before the first Monday in January 2018 and shall bear interest at the rate of 4.00 percent per annum form the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2017. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, but no later than November 15, 2017, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the I2, Attachment 1 Packet Page Number 102 of 152 City Clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2017, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 16 or interest will be charged through December 31 of the next succeeding year. E. The City Engineer and City Clerk shall forthwith after November 15, 2017, but no later than November 16, 2017, transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax list of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 8th day of May 2017. I2, Attachment 1 Packet Page Number 103 of 152 Packet Page Number 104 of 152 Final Assessment Roll Hillwood Crestview Area Street Improvements City Project 16‐13 ParcelID SiteAddress Units Total Assessment 122822310003 488 Crestview Dr S 1 $3,450.00 122822310004 496 Crestview Dr S 1 $3,450.00 122822310005 504 Crestview Dr S 1 $3,450.00 122822310006 512 Crestview Dr S 1 $3,450.00 122822310007 518 Crestview Dr S 1 $3,450.00 122822310008 526 Crestview Dr S 1 $3,450.00 122822310009 534 Crestview Dr S 1 $3,450.00 122822310010 489 Crestview Dr S 1 $3,450.00 122822310011 497 Crestview Dr S 1 $3,450.00 122822310012 505 Crestview Dr S 1 $3,450.00 122822310013 513 Crestview Dr S 1 $3,450.00 122822310014 519 Crestview Dr S 1 $3,450.00 122822310015 527 Crestview Dr S 1 $3,450.00 122822310017 2406 Teakwood Dr E 1 $3,450.00 122822310018 2400 Teakwood Dr E 1 $3,450.00 122822310019 2390 Teakwood Dr E 1 $3,450.00 122822310020 2384 Teakwood Dr E 1 $3,450.00 122822310021 2383 Oakridge Dr E 1 $3,450.00 122822310022 2387 Oakridge Dr E 1 $3,450.00 122822310023 2399 Oakridge Dr E 1 $3,450.00 122822310024 570 Crestview Dr S 1 $3,450.00 122822310025 578 Crestview Dr S 1 $3,450.00 122822310026 584 Crestview Dr S 1 $3,450.00 122822310027 594 Crestview Dr S 1 $3,450.00 122822310028 2388 Oakridge Dr E 1 $3,450.00 122822310031 2389 Hillwood Dr E 1 $3,450.00 122822310032 2380 Oakridge Dr E 2 $6,900.00 122822310033 535 Crestview Dr S 2 $6,900.00 122822310034 483 Marnie St S 1 $3,450.00 122822310035 491 Marnie St S 1 $3,450.00 122822310036 499 Marnie St S 1 $3,450.00 122822310037 507 Marnie St S 1 $3,450.00 122822310038 515 Marnie St S 1 $3,450.00 122822310039 2417 Teakwood Dr E 1 $3,450.00 122822310040 2425 Teakwood Dr E 1 $3,450.00 122822310041 482 Marnie St S 1 $3,450.00 122822310042 490 Marnie St S 1 $3,450.00 122822310043 498 Marnie St S 1 $3,450.00 122822310044 506 Marnie St S 1 $3,450.00 122822310045 514 Marnie St S 1 $3,450.00 122822310046 522 Marnie St S 1 $3,450.00 122822310047 530 Marnie St S 1 $3,450.00 122822310048 540 Marnie St S 1 $3,450.00 122822310049 2416 Teakwood Dr E 1 $3,450.00 122822310050 2426 Teakwood Dr E 1 $3,450.00 122822310052 551 Marnie St S 1 $3,450.00 I2, Attachment 3 Packet Page Number 105 of 152 122822310053 561 Marnie St S 1 $3,450.00 122822310055 579 Marnie St S 1 $3,450.00 122822310058 2413 Hillwood Dr E 1 $3,450.00 122822310059 550 Marnie St S 1 $3,450.00 122822310060 560 Marnie St S 1 $3,450.00 122822310061 570 Marnie St S 1 $3,450.00 122822310062 580 Marnie St S 1 $3,450.00 122822310063 590 Marnie St S 1 $3,450.00 122822310064 2423 Hillwood Dr E 1 $3,450.00 122822310065 591 Marnie St S 1 $3,450.00 122822310067 571 Marnie St S 1 $3,450.00 122822320003 486 Lakewood Dr S 1 $3,450.00 122822320004 494 Lakewood Dr S 1 $3,450.00 122822320005 502 Lakewood Dr S 1 $3,450.00 122822320006 510 Lakewood Dr S 1 $3,450.00 122822320007 516 Lakewood Dr S 1 $3,450.00 122822320008 524 Lakewood Dr S 1 $3,450.00 122822320009 2359 Teakwood Dr E 1 $3,450.00 122822320012 2378 Teakwood Dr E 1 $3,450.00 122822320013 2370 Teakwood Dr E 1 $3,450.00 122822320014 2364 Teakwood Dr E 1 $3,450.00 122822320015 2356 Teakwood Dr E 1 $3,450.00 122822320016 2353 Oakridge Dr E 1 $3,450.00 122822320017 2363 Oakridge Dr E 1 $3,450.00 122822320018 2369 Oakridge Dr E 1 $3,450.00 122822320019 2375 Oakridge Dr E 1 $3,450.00 122822320020 487 Lakewood Dr S 1 $3,450.00 122822320021 495 Lakewood Dr S 1 $3,450.00 122822320022 503 Lakewood Dr S 1 $3,450.00 122822320023 511 Lakewood Dr S 1 $3,450.00 122822320024 517 Lakewood Dr S 1 $3,450.00 122822320025 525 Lakewood Dr S 1 $3,450.00 122822320026 533 Lakewood Dr S 1 $3,450.00 122822320027 539 Lakewood Dr S 1 $3,450.00 122822320028 547 Lakewood Dr S 1 $3,450.00 122822320029 553 Lakewood Dr S 1 $3,450.00 122822320030 561 Lakewood Dr S 1 $3,450.00 122822320031 567 Lakewood Dr S 1 $3,450.00 122822320032 573 Lakewood Dr S 1 $3,450.00 122822320033 2350 Oakridge Dr E 1 $3,450.00 122822320034 2358 Oakridge Dr E 1 $3,450.00 122822320035 2366 Oakridge Dr E 1 $3,450.00 122822320036 2374 Oakridge Dr E 1 $3,450.00 122822320037 2373 Hillwood Dr E 1 $3,450.00 122822320038 2365 Hillwood Dr E 1 $3,450.00 122822320039 2357 Hillwood Dr E 1 $3,450.00 122822320040 2347 Hillwood Dr E 1 $3,450.00 122822320041 2339 Hillwood Dr E 1 $3,450.00 122822320053 2279 Teakwood Ct E 1 $3,450.00 122822320054 2289 Teakwood Ct E 1 $3,450.00 I2, Attachment 3 Packet Page Number 106 of 152 122822320055 2288 Teakwood Ct E 1 $3,450.00 122822320056 2278 Teakwood Ct E 1 $3,450.00 122822320057 2268 Teakwood Ct E 1 $3,450.00 122822320062 580 Dorland Rd S 1 $3,450.00 122822320063 570 Dorland Rd S 1 $3,450.00 122822320064 560 Dorland Rd S 1 $3,450.00 122822320065 550 Dorland Rd S 1 $3,450.00 122822320066 540 Dorland Rd S 1 $3,450.00 122822320067 530 Dorland Rd S 1 $3,450.00 122822320068 520 Dorland Rd S 1 $3,450.00 122822320069 510 Dorland Rd S 1 $3,450.00 122822320070 500 Dorland Rd S 1 $3,450.00 122822320071 501 Dorland Rd S 1 $3,450.00 122822320073 561 Dorland Rd S 1 $3,450.00 122822320074 551 Dorland Rd S 1 $3,450.00 122822320075 541 Dorland Rd S 1 $3,450.00 122822320076 531 Dorland Rd S 1 $3,450.00 122822320077 521 Dorland Rd S 1 $3,450.00 122822320078 511 Dorland Rd S 1 $3,450.00 122822320082 2280 Hillwood Dr E 1 $3,450.00 122822320083 2290 Hillwood Dr E 1 $3,450.00 122822320084 2300 Hillwood Dr E 1 $3,450.00 122822320085 2310 Hillwood Dr E 2 $6,900.00 122822320087 2271 Hillwood Dr E 1 $3,450.00 122822320088 2281 Hillwood Dr E 1 $3,450.00 122822320089 2291 Hillwood Dr E 1 $3,450.00 122822320090 2301 Hillwood Dr E 1 $3,450.00 122822320091 2311 Hillwood Dr E 1 $3,450.00 122822320092 581 Dorland Rd S 1 $3,450.00 122822320093 571 Dorland Rd S 1 $3,450.00 122822320095 503 Dorland Rd S 1 $3,450.00 122822320096 507 Dorland Rd S 1 $3,450.00 122822330096 2316 Hillwood Dr E 1 $3,450.00 122822330097 2376 Hillwood Dr E 1 $3,026.23 122822330098 2374 Hillwood Dr E 1 $3,026.23 122822330099 2372 Hillwood Dr E 1 $3,026.23 122822330100 2352 Hillwood Dr E 1 $3,026.23 122822330101 2354 Hillwood Dr E 1 $3,026.23 122822330102 2356 Hillwood Dr E 1 $3,026.23 122822330103 2364 Hillwood Dr E 1 $3,026.23 122822330104 2366 Hillwood Dr E 1 $3,026.23 122822330105 2368 Hillwood Dr E 1 $3,026.23 122822330106 2370 Hillwood Dr E 1 $3,026.23 122822330107 636 Dorland Rd S 1 $3,026.23 122822330108 638 Dorland Rd S 1 $3,026.23 122822330109 640 Dorland Rd S 1 $3,026.23 122822330110 2363 Springside Dr E 1 $3,026.23 122822330111 2361 Springside Dr E 1 $3,026.23 122822330112 2359 Springside Dr E 1 $3,026.23 122822330113 2357 Springside Dr E 1 $3,026.23 I2, Attachment 3 Packet Page Number 107 of 152 122822330114 2355 Springside Dr E 1 $3,026.23 122822330115 2353 Springside Dr E 1 $3,026.23 122822330116 2351 Springside Dr E 1 $3,026.23 122822330117 2358 Springside Dr E 1 $3,026.23 122822330118 2360 Springside Dr E 1 $3,026.23 122822330119 2362 Springside Dr E 1 $3,026.23 122822330120 2350 Springside Dr E 1 $3,026.23 122822330121 2352 Springside Dr E 1 $3,026.23 122822330122 2354 Springside Dr E 1 $3,026.23 122822330123 2356 Springside Dr E 1 $3,026.23 122822330124 668 Dorland Rd S 1 $3,026.23 122822330125 670 Dorland Rd S 1 $3,026.23 122822330126 672 Dorland Rd S 1 $3,026.23 122822330127 674 Dorland Rd S 1 $3,026.23 122822330128 676 Dorland Rd S 1 $3,026.23 122822330129 678 Dorland Rd S 1 $3,026.23 122822330130 680 Dorland Rd S 1 $3,026.23 122822330131 675 Dorland Rd S 1 $3,026.23 122822330132 677 Dorland Rd S 1 $3,026.23 122822330133 679 Dorland Rd S 1 $3,026.23 122822330134 667 Dorland Rd S 1 $3,026.23 122822330135 669 Dorland Rd S 1 $3,026.23 122822330136 671 Dorland Rd S 1 $3,026.23 122822330137 673 Dorland Rd S 1 $3,026.23 122822330138 661 Dorland Rd S 1 $3,026.23 122822330139 663 Dorland Rd S 1 $3,026.23 122822330140 665 Dorland Rd S 1 $3,026.23 122822330141 655 Dorland Rd S 1 $3,026.23 122822330142 657 Dorland Rd S 1 $3,026.23 122822330143 659 Dorland Rd S 1 $3,026.23 122822330144 645 Dorland Rd S 1 $3,026.23 122822330145 647 Dorland Rd S 1 $3,026.23 122822330146 649 Dorland Rd S 1 $3,026.23 122822330147 651 Dorland Rd S 1 $3,026.23 122822330148 653 Dorland Rd S 1 $3,026.23 122822330149 643 Dorland Rd S 1 $3,026.23 122822330150 641 Dorland Rd S 1 $3,026.23 122822330151 639 Dorland Rd S 1 $3,026.23 122822330152 637 Dorland Rd S 1 $3,026.23 122822330153 635 Dorland Rd S 1 $3,026.23 122822330154 633 Dorland Rd S 1 $3,026.23 122822330155 631 Dorland Rd S 1 $3,026.23 122822330156 629 Dorland Rd S 1 $3,026.23 122822330157 623 Dorland Rd S 1 $3,026.23 122822330158 625 Dorland Rd S 1 $3,026.23 122822330159 627 Dorland Rd S 1 $3,026.23 122822330160 2328 Hillwood Dr E 1 $3,026.23 122822330161 2330 Hillwood Dr E 1 $3,026.23 122822330162 2332 Hillwood Dr E 1 $3,026.23 122822330163 2322 Hillwood Dr E 1 $3,026.23 I2, Attachment 3 Packet Page Number 108 of 152 122822330164 2324 Hillwood Dr E 1 $3,026.23 122822330165 2326 Hillwood Dr E 1 $3,026.23 122822330166 2338 Hillwood Dr E 1 $3,026.23 122822330167 2336 Hillwood Dr E 1 $3,026.23 122822330168 2334 Hillwood Dr E 1 $3,026.23 122822330169 609 Dorland Rd S 1 $3,026.23 122822330170 607 Dorland Rd S 1 $3,026.23 122822330171 693 Dorland Rd S 1 $3,026.23 122822330172 695 Dorland Rd S 1 $3,026.23 122822330173 697 Dorland Rd S 1 $3,026.23 122822330174 701 Dorland Rd S 1 $3,026.23 122822330175 703 Dorland Rd S 1 $3,026.23 122822330176 709 Dorland Rd S 1 $3,026.23 122822330177 690 Dorland Rd S 1 $3,026.23 122822330178 692 Dorland Rd S 1 $3,026.23 122822330179 694 Dorland Rd S 1 $3,026.23 122822330180 696 Dorland Rd S 1 $3,026.23 122822340010 2384 Hillwood Dr E 1 $3,450.00 122822340014 2392 Hillwood Dr E 1 $3,450.00 122822340016 2410 Hillwood Dr E 1 $3,450.00 122822340017 2420 Hillwood Dr E 1 $3,450.00 122822340018 2430 Hillwood Dr E 1 $3,450.00 122822340019 600 Marnie St S 1 $3,450.00 122822340023 2439 Oakridge Ln E 1 $3,450.00 122822340024 2429 Oakridge Ln E 1 $3,450.00 122822340025 2419 Oakridge Ln E 1 $3,450.00 122822340026 2409 Oakridge Ln E 1 $3,450.00 122822340027 641 Huntington Ct S 1 $3,450.00 122822340028 651 Huntington Ct S 1 $3,450.00 122822340029 661 Huntington Ct S 1 $3,450.00 122822340030 671 Huntington Ct S 1 $3,450.00 122822340031 681 Huntington Ct S 1 $3,450.00 122822340032 682 Huntington Ct S 1 $3,450.00 122822340033 672 Huntington Ct S 1 $3,450.00 122822340034 662 Huntington Ct S 1 $3,450.00 122822340035 652 Huntington Ct S 1 $3,450.00 122822340036 2428 Oakridge Ln E 1 $3,450.00 122822340038 2438 Oakridge Ln E 1 $3,450.00 122822340039 2448 Hillwood Dr E 1 $3,450.00 122822340040 2458 Hillwood Dr E 1 $3,450.00 122822340041 2468 Hillwood Dr E 1 $3,450.00 122822340042 2478 Hillwood Dr E 1 $3,450.00 122822340045 2449 Hillwood Dr E 1 $3,450.00 122822340046 2459 Hillwood Dr E 1 $3,450.00 122822340047 2469 Hillwood Dr E 1 $3,450.00 122822340048 2479 Hillwood Dr E 1 $3,450.00 122822340049 2489 Hillwood Dr E 1 $3,450.00 122822340050 2499 Hillwood Dr E 1 $3,450.00 122822340058 2456 Springside Dr E 1 $3,450.00 122822340061 2457 Springside Dr E 1 $3,450.00 I2, Attachment 3 Packet Page Number 109 of 152 122822340073 2488 Hillwood Dr E 1 $3,450.00 122822340074 2498 Hillwood Dr E 1 $3,450.00 Totals:251 $830,352.90 $3,450 3684.1 $69 Total Townhome Assessment:$254,202.90 Number of Townhome Units:84 Assessment Rate Per Unit:$3,026.23 Residential Pavement Rehabilitation Unit Assessment Rate: Linwood Heights Townhomes Unit Rate Calculations Total Townhome Front‐Footage: Pavement Rehabilitation Rate per Front‐Foot: I2, Attachment 3 Packet Page Number 110 of 152 I2, Attachment 4 Packet Page Number 111 of 152 I2, Attachment 4 Packet Page Number 112 of 152 I2, Attachment 4 Packet Page Number 113 of 152 1 Jon Jarosch From:feyisa elmo <efeyisa@yahoo.com> Sent:Thursday, April 20, 2017 10:31 AM To:Jon Jarosch Subject:Re: Feyisa Elmo Thanks for all you did and hope the things understandable that fact of our support. Even at this time we are supported from different community and insurance for our different expenses of our sick daughter at home. Please consider and understand four kids raising is not easy too. Thanks for all Feyisa Elmo 504 Cretview Dr. S. Maple wood, MN 55119 This email and any files transmitted with it are confidential and anticipated exclusively for the use ofthe individual or entity to whom they are addressed. If you are not the named addressee you must not distribute, dispense or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the proposed beneficiary you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is firmly forbidden. From: Jon Jarosch <jon.jarosch@maplewoodmn.gov> To: feyisa elmo <efeyisa@yahoo.com> Sent: Wednesday, April 19, 2017 3:21 PM Subject: RE: Feyisa Elmo Good afternoon Feyisa. I just wanted to acknowledge that I got your email. I will have it recorded into the record as an official objection to your assessment at the Council Meeting on April 24, 2017. In the week following that meeting you will be receiving a letter in the mail that explains our recommendation to the City Council in regards to your objection. If there is anything else I can do for you at this time, please let me know. Have a great day. Jon Jon Jarosch | 651‐249‐2405 I2, Attachment 4 Packet Page Number 114 of 152 2 From: feyisa elmo [mailto:efeyisa@yahoo.com] Sent: Monday, April 17, 2017 6:33 PM To: Jon Jarosch <jon.jarosch@maplewoodmn.gov> Subject: Feyisa Elmo Good afternoon Jon Jarosch, Thank you I talk to you about estimation of our payment, as I told you that payment is too much for us relay, because we rise 4+ kids at this time. even our drive way has to fixed but not get money to do that. We are ok with plan you made it but the payment is not able to pay even back. My one of little daughter on cancer treatment at this time at my home, even a lot community and hospital is supporting us strongly. we thanks a lot of community and hospital including our insurances too. I know that We have to support as a community even if we have a lot expenses is going on to us. I request you at list to reduce to the minimum payment. I hope you will understand and work on it to minimized our payment. If you want to talk to us any time well come, but for payment please help us. if you want to call me 651-216-5423 or 651-731-5278 via email efyisa@yahoo.com Thanks once again Feyisa Elmo This email and any files transmitted with it are confidential and anticipated exclusively for the use ofthe individual or entity to whom they are addressed. If you are not the named addressee you must not distribute, dispense or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the proposed beneficiary you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is firmly forbidden. I2, Attachment 4 Packet Page Number 115 of 152 I2, Attachment 4Packet Page Number 116 of 152 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: May 2, 2017 SUBJECT: Consider Approval of Boaters Outlet, 2000 Rice Street a. Conditional Use Permit for Exterior Storage b. Conditional Use Permit for a Metal Building c. Design Review Introduction Project Description Glenn and Darlene Kloskin, owner of Boaters Outlet, are proposing to build a new boat retail and storage facility on the 2.4 acre vacant lot located at 2000 Rice Street. Once constructed, Mr. and Mrs. Kloskin will relocate their business from its current location in a leased space in Roseville. The project includes a 10,680 square foot metal building with a showroom and display area, offices, and a boat service and assembly garage. Exterior boat storage will take place in the rear of the lot, located behind a 7-foot high vinyl fence built on a 3-foot high berm. Requests The property is zoned and guided Business Commercial. The following land use requests are being considered for this project: a. Conditional Use Permit for Exterior Storage - Exterior storage of boats in the Business Commercial zoning district requires a conditional use permit. The City may require screening of the exterior storage areas. b. Metal Building - Metal buildings are allowed in the Business Commercial zoning district if the building meets the following standards: 1) No more than 20 percent of the metal portion of the building would be visible from streets; and 2) The building would not be of lesser quality than surrounding developments. c. Design Review - All commercial developments require design review approval. Background July 2008: The City of Maplewood issued a demolition permit for the removal of a single family house at 2000 Rice Street. The property has remained vacant since that time. J1 Packet Page Number 117 of 152 Discussion Rice Street-Larpenteur Avenue Gateway Area Vision Plan The cities of Maplewood, Roseville, and St. Paul are working together to develop a vision for the short and long-term future of the Rice Street-Larpenteur Avenue corridor. The cities have signed onto a cooperative funding agreement and hired a consultant to lead the planning process. The purpose of the project is to understand and respond to barriers, challenges, benefits, and opportunities associated with changes in land use, access, transit services, and other facilities around key nodes in the corridor, and identify potential redevelopment sites throughout the study area. Results of the study will be complete by December 2017, and will be included as part of Maplewood’s 2040 Comprehensive Plan. The Boaters Outlet development is within the study area. Rice Street Traffic Study Rice Street is a county road. Ramsey County conducted a traffic study for portions of the Rice Street corridor between University and Larpenteur Avenues. During a recent Rice Street- Larpenteur Avenue corridor planning session, Ramsey County was asked by the group to extend the traffic study north of Larpenteur Avenue. Joe Lux, senior planner with Ramsey County Public Works, has since informed the corridor planning group that the traffic study will not be extended to the north. He emphasized that Rice Street north of Larpentuer Avenue is already three-lanes and additional traffic operation analysis would not add insight. Ramsey County does know that there are deficiencies that need to be addressed including a lack of sidewalks, inadequate bike facilities, crossings that don’t meet ADA standards, and deteriorating pavement. Traffic operations, however, don’t seem to be the issue. Rather than a traffic study, Mr. Lux states that the county has included a project in their Transportation Improvement Program to rebuild the section of Rice Street north of Larpenteur Avenue in 2020. During that project pedestrian and bike needs will be addressed by the county. There will be ample opportunity to review and give input into the project as the county develops the design and the Gateway Area Vision Plan is finalized. Conditional Use Permits Exterior Storage Boaters Outlet offers boat storage to their customers over the winter months. The boats will be winterized with shrink wrap and stored on the back side of the lot behind a 7-foot high vinyl screening fence built on a 3-foot high berm. The sides and rear of the boat storage area will be secured with a 10-foot high chain link fence. The applicants estimate that 200 to 225 boats can be stored on the lot. The surface of the lot will include Class 5 along the driving access aisles, and grass where the boats will be stored. The City’s parking ordinance requires that all off-street parking lots have a surface of bituminous material, concrete, or alternative parking method of reinforced turf. The code, however, is silent on the surface requirements for a storage lot. J1 Packet Page Number 118 of 152 Allowing boat storage on the grass only during the winter months will help with stormwater filtration of the overall site. The City’s engineering department and Capital Region Watershed District have reviewed and approved the plans with conditions. One of the conditions outlined in the engineering report is the restriction for parking within the filtration basins located within the storage area. The applicants may need to modify their grading plan to accommodate this requirement. Refer to engineering and watershed district reports attached. Metal Building Boaters Outlet is proposing a marine-style metal building for their new boat retail and service facility in Maplewood. The building will be constructed mainly of a commercial grade steel with 1-inch tall architectural ribs. To comply with the requirement that no more than 20 percent of the “metal” portions of the building be visible from the street, Boaters Outlet is proposing that 80 percent of the building façade facing Rice Street (west side) and portions facing south and north include architectural detail to include: stone veneer, Hardi Board horizontal siding, and glass. Refer to the detailed building plans attached. Conditional Use Permit Standards City code requires that the City find that all nine standards outlined in the conditional use permit ordinance are met prior to approval. The standards are outlined in the reference information attached. Staff finds that the proposed conditional use permits for exterior storage and a metal building meet the conditional use permit standards. Design Review Wetland There is a Manage A wetland located on the vacant lot to the east. The City’s wetland ordinance requires a 100-foot average buffer for Manage A wetlands. No building, grading, or stormwater structures can be located within the buffer. The 100-foot wetland buffer encroaches into the northeast corner of the lot as shown on the civil plans attached. Within the buffer the grade slopes downward to the wetland. Boaters Outlet proposes to place the 10-foot high security fence at the buffer line, to ensure no impacts to the wetland buffer with the development of the property. Refer to the environmental review attached for additional details. Architectural Boaters Outlet is proposing a blue and white marine-style metal building constructed of commercial grade steel with 1-inch tall architectural ribs. The front and south side will include decorative elements including a stone veneer, Hardi Board horizontal siding, glass windows, and metal awnings. Driveway Access Boaters Outlet is proposing two driveway entrances into their parking lot. Ramsey County was originally requiring that the applicant remove the southern driveway to reduce the number of access points onto Rice Street. Since that time Boaters Outlet representatives met with Erin Laberee, engineer with Ramsey County, to discuss the proposal. Ms. Laberee is now allowing J1 Packet Page Number 119 of 152 the second driveway due to the type of business and the need to drive large vehicles in and out to deliver boats. Refer to engineering report attached. Parking Lot Parking Lot Surface: The parking lot will be constructed of bituminous pavement and concrete curb and gutter. Parking Spaces: The City’s parking ordinance requires one parking space per 200 square feet of retail, and one parking space per 1,000 square feet of warehouse. Based on the building footprint submitted, Boaters Outlet requires 31 parking spaces. Parking spaces must be at least 10 feet wide by 18 feet deep. Boaters Outlet is proposing 25 parking spaces, ranging in size from 9 feet wide by 16 feet deep to 10.5 feet wide by 18 feet deep. To ensure the development meets the City’s parking ordinance, the applicants must submit a detailed building footprint outlining retail versus warehouse/assembly area, and a parking lot plan which shows the correct number of parking spaces and sizes. Sidewalk There is a temporary trail located in front of the property along Rice Street. Erin Laberee, engineer with Ramsey County, reports that there are no plans for reconstruction of Rice Street north of Larpenteur Avenue at this time. Because of the uncertainty as to when future road work and pedestrian/bike improvements will be made along this portion of the corridor, Ramsey County is requiring that Boaters Outlet remove the temporary trail, and install a permanent sidewalk in front of the development. Fence/Screening Boaters Outlet is proposing a 7-foot high vinyl screening fence in front of the boat storage area. This fence will be constructed on a 3-foot high berm. A 10-foot high chain link fence is proposed along the remaining portions of the storage area for security. It should be noted that the landscape plan attached does call out an 8-foot high cedar fence along the front of the storage area, and an 8-foot high chain link fence around the remaining portions of the storage area. This has been modified by the applicants, with the corrected fence/screening proposal outlined on the paving plan attached. Landscape Boaters Outlet is proposing ornamental grasses along the front of the parking lot, perennial plants along portions of the building foundation, and a row of evergreen shrubs in front of the 7- foot high vinyl fence. In addition, they are proposing a native seed mix within the infiltration and filtration basins in the storage area. The landscape plan is very minimal and does not include any trees. The applicant should submit a revised landscape plan that includes at least one deciduous tree every 30 feet along Rice Street. In addition, the environmental review attached outlines additional planting requirements for the infiltration and filtration basins. J1 Packet Page Number 120 of 152 Lighting The lighting plan includes three freestanding parking lot lights, one freestanding storage area light, and six wall pack lights. The lights meet the City’s lighting ordinance which restricts exterior light poles to 15 feet in height, and light illumination at the property lines to .4 foot candles of illumination. Surrounding Property Owner Comments Staff surveyed the nine surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received one comment from one property owner as follows: Annika Grahn, Owner, McCarron's Pub and Grill, 1986 Rice Street, Maplewood: I am writing in response to your March 29th letter regarding the construction of the Boaters Outlet at 2000 Rice Street. As co-owner of McCarron's Pub at 1986 Rice Street, I am happy to say that we fully support the project and are looking forward to having Glenn and Darlene Kloskin as neighbors. Glenn and Darlene came to introduce themselves after purchasing the land directly to the north of us and we have come to know them as respectful and family oriented individuals who care about the neighborhood and community. We are confident that they will be great neighbors and are excited to support their business as they have shown they will support ours. Our fondness for Glenn and Darlene are only a small part of why we support this project. The lot at 2000 Rice Street has been empty for the three years that we have owned our business. It poses a problem for the community staying as is. I believe it was last summer that a man was living in the empty field. He had set up camp in an ice fishing hut if I recall correctly. I am a bit foggy on the details of the situation as some time has passed but obviously such a set up poses safety and health risks for people in the neighborhood. The field also often becomes overgrown, which gives people cover to engage in illegal activities out there, and is often filled with trash. We attempt to monitor our parking lot along with the field and have had to ask people to leave who are doing drugs or engaging in sexual activity at the far end of our lot. We believe that the Boaters outlet would not only greatly improve the aesthetics of the neighborhood but would also prevent illegal activity from happening in that spot. The construction of Boaters Outlet would also bring more business to the neighborhood, which can only be good for local business. I ask that the City of Maplewood approve this project as I believe Glenn and Darlene would be assets to the neighborhood. I believe they are eager to work with the city and the community to construct a safe and environmentally friendly new building, and build up a new Rice Street business everyone can be happy about and proud of. Please feel free to contact me with any further questions or requests. I would also be happy to attend any City Council meeting to show my support for this project if you believe it would be helpful. Thanks for your time and have a great day. J1 Packet Page Number 121 of 152 Department Comments Engineering Please see Jon Jarosch’s city engineering report dated May 2, 2017, attached to this report. Environmental Please see Shann Finwall’s and Virginia Gaynor’s environmental report, dated May 3, 2017, attached to this report. Building Department Building Official Jason Brash: Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN chapter 1306 subp. 3, and 2015 Minnesota Building Code. Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code Chapter 1323 Section C401.2. Mixing 2012 IECC provisions and ASHRAE Standard 90.1 to obtain compliance is not an option. The following forms must be completed as submittals. • ASHRAE 90.1-2010 Building Envelope Compliance Documentation • ASHRAE 90.1-2010 HVAC Compliance Documentation • ASHRAE 90.1-2010 Service Water Heating Compliance Documentation • ASHRAE 90.1-2010 Lighting Compliance Documentation Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with plan review response. Plumbing plans shall be submitted to the State Plumbing Department for approval prior to the issuance of a plumbing permit. St Paul water requires permits for water piping. Maplewood requires permit for drain waste and vent. Permits are required for building, retaining walls, plumbing, mechanical, electrical, Health, fire alarm, and sprinklers. Fire Department Fire Marshal Butch Gervais: They will be required to install a monitored fire protection (sprinkler system). All work will require permits, all plans shall be approved before any work is started, and work must be completed by a licensed contractor. Contractors shall complete all work according to state and local codes. The fire department will need access to any outside area that is fenced/secured in case of any emergency. Police Department Police Chief Paul Schnell: We would recommend that the applicant be required to provide a security plan for the exterior storage area (i.e. cameras, alarm card key access, etc.). J1 Packet Page Number 122 of 152 Commission Review April 17, 2017: The community design review board reviewed the development proposal. The board recommended approval of the design review. April 17, 2017: The planning commission reviewed and held a public hearing for the conditional use permit for exterior storage and the conditional use permit for a metal building. The commission recommended approval of the conditional use permits. Budget Impact None Recommendations a. Approve the conditional use permit resolution attached to allow the exterior storage of boats at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the City. Staff may approve minor changes. 2) The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3) The City Council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch’s engineering report dated May 2, 2017, attached to this report. 5) Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017, attached to this report. 6) This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 225 boats to be located in the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. b. Approve the conditional use permit resolution attached to allow a metal building at 2000 Rice Street within the Business Commercial zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped February 3 and March 3, March 17, and March 30, 2017, approved by the City. Staff may approve minor changes. J1 Packet Page Number 123 of 152 2) The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3) The City Council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch’s engineering report dated March 30, 2017, attached to this report. 5) Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017, attached to this report. 6) This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their boat retail and service business. The metal building must comply with the City’s metal building standards, as well as comply with all fire and building codes. c. Approve the plans date-stamped February 3 and March 3, March 17, March 30, 2017, for Boaters Outlet at 2000 Rice Street. Approval is subject to the applicant complying with 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 comply with the conditions noted in Jon Jarosch’s engineering report dated May 2, 2017. 3) The applicant shall comply with the conditions noted in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017. 4) Submit to staff a detailed building footprint outlining the retail versus warehouse/service area proposed within the building. 5) Submit to staff a revised site plan which shows a concrete sidewalk along Rice Street and that the parking lot contains the correct number of parking spaces and parking space sizes (10 feet wide x 18 feet deep) to meet city code requirements. 6) Submit to staff a revised landscape plan that includes at least one deciduous tree every 30 feet along Rice Street, and landscaping required within the infiltration and filtration basins as outlined in the environmental review attached to this report. 7) All signage on the property must comply with the City’s sign ordinance and requires separate sign permits. 8) The applicant shall remove and dispose of all debris and garbage that is on the site. J1 Packet Page Number 124 of 152 9) The applicant shall submit a fence design and elevations to staff for approval. 10) The applicant shall work with staff to determine the use of plantings and or seeding for the basins. 11) Boats shall not project above the fence in the west portion of the site, this is defined as any areas west of the eastern extent of the building. 12) Staff may approve minor changes to the plans. 13) 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. Attachments 1. Reference Information 2. Site Plan 3. Narrative 4. Survey 5. Tree Plan 6. Grading Plan 7. Paving Plan 8. Landscape Plan 9. Detailed Building Elevations 10. Building Footprint 11. Building Images 12. Engineering Plan Review 13. Environmental Review 14. Capital Region Watershed District Letter Date January 5, 2017 15. Conditional Use Permit Resolution (Exterior Storage) 16. Conditional Use Permit Resolution (Metal Building) J1 Packet Page Number 125 of 152 REFERENCE INFORMATION SITE DESCRIPTION Site size: 2.4 acres Existing Use: Undeveloped SURROUNDING LAND USES North: Maplewood Collision Center, 2020 Rice Street South: McCarron’s Pub and Grill, 1986 Rice Street West: Rice Street and American Dairy Association building across the Street in Roseville East: Undeveloped city-owned property with a Manage A wetland PLANNING Land Use: Business Commercial Zoning: Business Commercial Standards for a Conditional Use Permit Section 44-1097 of the conditional use permit ordinance states that a conditional use permit may be approved, or amended by satisfying all of the following standards for approval: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would 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. J1, Attachment 1 Packet Page Number 126 of 152 APPLICATION DATE The application for this request was complete on March 17, 2017. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. The 60-day deadline for this request is May 16, 2017. J1, Attachment 1 Packet Page Number 127 of 152 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 400.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet400.00200.00 Notes Enter Map Description Legend2000 Rice Street City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Airports Maplewood Collision Center Proposed Boater's Outlet McCarron's Pub Manage A Wetland J1, Attachment 2Packet Page Number 128 of 152 J1, Attachment 3 Packet Page Number 129 of 152 J1, Attachment 4 Packet Page Number 130 of 152 Rice StreetDescriptionRev. DateBOATERS OUTLETSITE DESIGN2000 RICE STREETMAPLEWOOD, MN 551131 11.30.16 CRWD RevisionsSheet Title:Project #:Drawn By:Checked By:Issue Date:12166126NJNMJW11.16.163524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2016 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2016\12166126 - Boaters Outlet Site Design\C. Design\Drawing Files\12166126 - L1.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:23Landscape Plan4Parking Lot Grading5City Comments6Owner Revisions12.13.1602.03.1702.21.1703.01.1703.30.170NORTH10 2040Matt Woodruff, P.E.Date: Reg. No.:11.16.16 41885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.CRWD RevisionsLANDSCAPE PLANL1TREE REMOVALSTREE TYPEPOPLARASHPOPLARPOPLARASHASHELMASHTREE DIAMETER(INCHES)1812222414121512LABELABCDEFGHTREES SAVEDTREE TYPEPOPLARPOPLARPOPLARTREE DIAMETER(INCHES)2426121212161412LABELIJKLMNOPTOTAL DIAMETER OF TREES TO BE SAVED: 220 INCHESQRSTUVWTOTAL DIAMETER OF TREES TO BE REMOVED: 132 INCHESPOPLARPOPLARPOPLARPOPLARPOPLARPOPLARPOPLARPOPLARPOPLARPOPLARPOPLARPOPLAR12121214121416A = TOTAL DIAMETER INCHES OF SIGNIFICANT TREES LOST (230 INCHES)B = TOTAL DIAMETER INCHES OF SIGNIFICANT TREES ON PROPERTY (450 INCHES)C = TREE REPLACEMENT CONSTANT (1.5)D = TOTAL DIAMETER INCHES OF SIGNIFICANT TREES SAVED (220 INCHES)E = REPLACEMENT TREES (INCHES REQUIRED)[((230/450 - 0.2) x 1.5) x 230] - [220/2] = EE = REPLACEMENT TREES REQUIRED = (-2.67) INCHES*TREE INVENTORY INFORMATION PROVIDED BY FOLZ, FREEMAN, ERICKSON, INC.ON FEBRUARY 28, 2017.TREES REMOVAL, MITIGATION, ANDREPLACEMENT CALCULATIONTREES ALREADY REMOVEDTREE TYPEPOPLARPOPLARSPRUCESPRUCEPOPLARTREE DIAMETER(INCHES)2012201828LABELST CST FST JST KST LTOTAL DIAMETER OF TREES ALREADY REMOVED: 98 INCHESTREES TO BE REMOVED AND ALREADY REMOVED EQUALS: 230 INCHESJ1, Attachment 5 Packet Page Number 131 of 152 PROPOSED BUILDINGFFE = 894.20Rice StreetEdge of WetlandBy Kelly Bopray,893.42 TC/GL893.94 TC893.44 GL893.52 TC893.02 GL893.46 TC 892.96 GL893.19 TC/GL 893.92 TC893.42 GL887.94* TC/GL891.90* TC/GL890.83* TC/GL886.79 * TC/GL891.69 TC/GL888.79 TC888.49 GL889.89 TC 889.39 GL892.29 TC 891.79 GL892.50 TC892.00 GL892.96 TC 892.46 GL892.84 TC892.34 GL894.10889.42 TC888.92 GL884.95 OF884.39 OF893.16 TC892.66 GL892.78 TC892.28 GL889.89 TC889.39 GL891.58 TC 891.28 GL891.20 TC/GL892.11 TC/GL888.35 TC/GL887.13 TC/GLBASIN-1100-yr HWL: 885.57BOT: 883.15BASIN-22" EVENT HWL: 889.53BOT: 889.50MEDIA BOT: 887.00889.99 OFBASIN-4100-yr HWL: 885.13BOT: 883.50MEDIA BOT: 881.00893894885890884889887886894893887889892894893885888891894888890891889888892892883.15881883.50886.60890889.50892891886.99 OF890.28890.28887.25887.25886885884BASIN-32" EVENT HWL: 886.49BOT: 886.60MEDIA BOT: 884.10888.45 TC/GL887.01 TC/GL886888887888.99 TC888.49 GL889891.47 TC891.37 GL892.93 TC892.43 GL892.62 TC892.12 GL893 894 893.25 TC/GL893.52 TC/GL893.50 TC/GL893.60 TC/GL894.13 TC/GL/C892 894 893 DRIVEWAY TO NOT BE USEDDURING CONSTRUCTION95573 TYP6999995559DescriptionRev. DateBOATERS OUTLETSITE DESIGN2000 RICE STREETMAPLEWOOD, MN 551131 11.30.16 CRWD RevisionsSheet Title:Project #:Drawn By:Checked By:Issue Date:12166126NJNMJW11.16.163524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2016 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2016\12166126 - Boaters Outlet Site Design\C. Design\Drawing Files\12166126 - C3.0.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:23Landscape Plan4Parking Lot Grading5City Comments6Owner Revisions12.13.1602.03.1702.21.1703.01.1703.30.170NORTH10 2040Matt Woodruff, P.E.Date: Reg. No.:11.16.16 41885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.CRWD RevisionsGRADING ANDEROSION CONTROLPLANC3.0PROPOSED CONTOURS - MAJOR INTERVALGRADE BREAK LINEPROPOSED CONTOURS - MINOR INTERVAL949950950EXISTING CONTOURS2.0%950.00 TC949.50 GLGRADE SLOPESPOT ABBREVIATIONS:TC - TOP OF CURBGL - GUTTER LINEB - BITUMUNOUSC - CONCRETEEO - EMERGENCY OVERFLOWTW - TOP OF WALLBW - BOTTOM OF WALL (F/G)(*) - EXISTING TO BE VERIFIEDSILT FENCERIP-RAP / ROCK CONST. ENTRANCEINLET PROTECTIONCONCRETE WASHOUT STATIONLEGENDGRADING NOTES1. Tree protection consisting of snow fence or safety fence installed at thedrip line shall be in place prior to beginning any grading or demolitionwork at the site.2. All elevations with an asterisk (*) shall be field verified. If elevationsvary significantly, notify the Engineer for further instructions.3. Grades shown in paved areas represent finish elevation.4.Restore all disturbed areas with 4” of good quality topsoil and seed.5.All construction shall be performed in accordance with state and localstandard specifications for construction.6. Pavement grades within ADA parking stalls and access aisles shall notexceed 2.0% in any direction.EROSION CONTROL NOTES1. See Erosion Control Notes on Sheet C5.0. J1, Attachment 6 Packet Page Number 132 of 152 PROPOSED BUILDINGFFE = 894.20BOAT STORAGE(GRASS)BOAT STORAGE(GRASS)BOAT STORAGE(GRASS)BOAT STORAGE(GRASS)BOAT STORAGE(GRASS)CURB CUT WITHRAIN GUARDIANSEE DETAIL 3/C5.1NO PARKINGRice StreetEdge of Wetland as DelineatedBy Kelly Bopray, Oct. 201610.5' TYP 30'30'50.5'16'10.17'10.5'15'30'10'15'18'18'100'3' 18' 57'85.5'178'60' 10' 27'27'27'200'25'193'116'18'R5'R5'R5'R5'4'12'15.56' 15' 15'8'4'18'TYP10.5' TYP 66'222234R5'R5'35221110.5'10.5'10.5'9'9'9'13'R4'10'R4'R4'8337.5'5'R5'ADJUST FENCE AS NECESSARYTO ALLOW DRAINAGE.COORDINATE WITH OWNERDescriptionRev. DateBOATERS OUTLETSITE DESIGN2000 RICE STREETMAPLEWOOD, MN 551131 11.30.16 CRWD RevisionsSheet Title:Project #:Drawn By:Checked By:Issue Date:12166126NJNMJW11.16.163524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comC 2016 Larson Engineering, Inc. All rights reserved.P:\Projects\Projects - 2016\12166126 - Boaters Outlet Site Design\C. Design\Drawing Files\12166126 - C2.0.dwg3524 Labore RoadWhite Bear Lake, MN 55110651.481.9120 (f) 651.481.9201www.larsonengr.comProject Title:23Landscape Plan4Parking Lot Grading5City Comments6Owner Revisions12.13.1602.03.1702.21.1703.01.1703.30.170NORTH10 2040Matt Woodruff, P.E.Date: Reg. No.:11.16.16 41885I hereby certify that this plan,specifications or report was preparedby me or under my direct supervisionand that I am a duly licensedProfessional Engineer under the lawsof the state of Minnesota.CRWD RevisionsNEW 3" BITUMINOUS PAVEMENT OVERNEW 8" BASE AGGREGATESEE DETAIL 1/C5.0NEW 2.5" BITUMINOUS PAVEMENT OVERNEW 6" BASE AGGREGATESEE DETAIL 2/C5.1MATCH EXISTINGNEW 6" CONCRETE PAVEMENT OVERNEW 6" BASE AGGREGATESEE DETAIL 2/C5.0NEW 6" GRAVEL SURFACINGNEW VINYL FENCE, HEIGHTVARIES SEE PLAN, SEE OWNERFOR SPECIFICATIONSNEW 10' CHAIN LINK FENCESEE DETAIL 10/C5.0SYMBOL LEGENDPAVING PLANC2.0J1, Attachment 7 Packet Page Number 133 of 152 J1, Attachment 8 Packet Page Number 134 of 152 J1, Attachment 9 Packet Page Number 135 of 152 J1, Attachment 9 Packet Page Number 136 of 152 J1, Attachment 10 Packet Page Number 137 of 152 Tory Williams 2017 MortonBuildings.com J1, Attachment 11 Packet Page Number 138 of 152 Tory Williams 2017 MortonBuildings.com J1, Attachment 11 Packet Page Number 139 of 152 Tory Williams 2017 MortonBuildings.com J1, Attachment 11 Packet Page Number 140 of 152 Engineering Plan Review PROJECT: Boater’s Outlet – 2000 Rice Street PROJECT NO: 17-07 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 5-2-2017 PLAN SET: Engineering plans dated 3-30-2017 REPORTS: Storm Water Management Report – Dated 11-16-2016 The applicant is proposing to construct a new retail boat sales building and storage facility at 2000 Rice Street. The applicant is requesting a review of the current design. 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. The applicants proposed design meets the City’s requirements via the use of an infiltration basin and 3 filtration basins. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management 1)The applicant shall meet all requirements of the Capitol Region Watershed District. 2)An emergency overland overflow shall be identified at the low-point near the southeast corner of the parking-lot. Grading in this area shall ensure that runoff does not flow south onto the neighboring property. 3)A cleanout shall be installed at the draintile T-connection in Basin 4. 4)Adequate scour protection/energy dissipation shall be installed at the draintile outlet location near the southeast corner of the property. 5)A large portion of the building and parking lot drain to the Rain Guardian structure at the southeast corner of the parking lot. The applicant shall verify that this structure has adequate capacity for the volume of runoff at this low-point. 6)In order to prevent compaction of the filtration basins (which is necessary to maintain the hydraulic conductivity of the basins), vehicles and boats/trailers shall not enter or park within the basin footprint. J1, Attachment 12 Packet Page Number 141 of 152 Grading and Erosion Control 7)Silt fencing along the south and east side of the site shall be heavy-duty mesh backed or double-row standard silt fence to protect the neighboring ponding areas and properties. 8)All slopes shall be 3H:1V or flatter. 9)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. 10)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 11)All pedestrian facilities shall be ADA compliant. 12)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 13)The total grading volume (cut/fill) shall be noted on the plans. Sanitary Sewer and Water Service 14)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required prior to the issuance of permits. 15)A cleanout shall be added to the sanitary service at the point which it connects to the existing stub, as this portion of the service exceeds 100-feet in length. 16)The applicant shall meet all requirements of the City of Roseville as it pertains to the water service connection. Ramsey County Requirements 17)The following comments were provided by Erin Laberee, Ramsey County Traffic Engineer and shall be addressed prior to permit issuance. a.A Ramsey County Right-of -Way permit is required for any work within the Rice Street right-of-way. b.There is an existing temporary trail along Rice Street. The applicant shall replace the trail with a concrete sidewalk. J1, Attachment 12 Packet Page Number 142 of 152 Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 18)Grading and erosion control permit 19)Sanitary Sewer Service Permit 20)Storm Sewer Permit - END COMMENTS - J1, Attachment 12 Packet Page Number 143 of 152 Environmental Review Project: Boaters Outlet Date of Plans: March 17, 2017 Landscape Plan March 30, 2017 Grading and Tree Plans Date of Review: May 3, 2017 Location: 2000 Rice Street Reviewer: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@maplewoodmn.gov Virginia Gaynor, Natural Resources Coordinator (651) 249-2416; virginia.gaynor@maplewoodmn.gov Background The owners of Boaters Outlet are proposing to build a new retail boat sales building and boat storage facility on the 2.4 acre vacant lot located at 2000 Rice Street. There is a Manage A wetland located on the vacant lot to the east, significant trees located on the lot, and infiltration/filtration basins proposed as part of the stormwater management. The project must comply with the City’s wetland ordinance, tree preservation ordinance, and infiltration/filtration basin planting standards. Discussion 1. Wetlands: The wetland ordinance requires a 100-foot average buffer for Manage A wetlands. No building, grading, or stormwater structures can be located within the buffer. Wetland Impacts: A wetland delineation report was prepared for the Manage A wetland in October 2016. The wetland delineation was approved by the Capital Region Watershed District and the City of Maplewood. Based on the delineation, the 100-foot wetland buffer encroaches onto the northeast corner of the lot as shown on the civil plans. Within the buffer there is a slope downward, to the wetland. There will be no impacts to the wetland buffer with the development of the property. Wetland Recommendations: a) Wetland Buffer Signs: Prior to grading, the applicant shall install City approved signs at the edge of the approved wetland buffer that specify that no building, mowing, cutting, grading, filling or dumping be allowed within the buffer. The signs must be placed every 100-feet along the edge of the buffer at a minimum. The sign locations must be verified with a survey to ensure proper placement. J1, Attachment 13 Packet Page Number 144 of 152 2. Trees: 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 defined as a healthy tree of any species which is 28 inches in diameter or greater. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. Tree Impacts: There are 28 significant trees on site, totaling 450 diameter inches. The applicant is removing 13 significant trees, totaling 230 diameter inches. Based on the number and size of trees removed, versus the number and size of trees preserved, the City’s tree replacement calculation does not require tree replacement as part of the tree preservation ordinance. Tree Preservation Recommendations: a) Tree Protection Plan: Prior to grading, the applicant will submit a tree protection plan showing how the preserved trees will be protected. 3. Infiltration/Filtration Basins Infiltration/Filtration Basins Proposed: There is one infiltration and three filtration basins that will be located in the rear of the lot, within the boat storage area. The applicant proposes seeding these basins with MNDOT Seed Mix 33- 261, a native seed mix. Infiltration/Filtration Basin Discussion: a) On a development of this size the City requires that a minimum of 5,000 square feet of the basins be planted rather than seeded. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. b) Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. If the applicant proposes to use seed in the basin bottom, they need to clarify how they will prevent that seed from being washed away. If there is no method for preventing the seed to be washed away, then the whole basin bottom should be planted. c) For ease of establishment and to increase the likelihood of success, the City recommends planting the basin bottoms with shrubs and seeding and blanketing the slopes. A 10,000 square foot area would require about 275-400 shrubs planted 5’-6’ apart. Large shrubs such as highbush American cranberry and red twig dogwood can be planted at this spacing; shorter shrub species require closer spacing. If shrubs are planted, they would be mulched with shredded hardwood mulch. Infiltration/Filtration Basin Recommendations: The applicant must submit a revised landscape plan with the following details prior to issuance of a building permit: J1, Attachment 13 Packet Page Number 145 of 152 a) A landscape drawing for each basin showing plantings to include: 1) A list of species, container size, spacing, and quantities. 2) A minimum of 5,000 square feet of the bottom of the basins must be planted with native plants instead of being seeded. Plants may be shrubs, grasses, and/or perennials. The City recommends shrubs (#2 or #3 containers) for ease of establishment. 3) Details on seeding. The City recommends using a no-mow fescue mix rather than a native prairie mix. J1, Attachment 13 Packet Page Number 146 of 152 Our Mission is to protect, manage and improve the water resources of Capitol Region Watershed District. January 5, 2017 Glenn Kloskin Boaters Outlet 1705 West County Road B Roseville, MN 55113 RE: CRWD Permit 16-029 Boaters Outlet Dear Mr. Kloskin: On December 21, 2016, the Capitol Region Watershed District Board of Managers reviewed your application for the above described project. A motion was made, seconded, and passed to approve the application with the following conditions: 1. Receipt of $6,900 surety and documentation of maintenance agreement recorded with Ramsey County. 2.Provide a site specific plan, schedule and narrative for maintenance of the proposed stormwater management practices that includes the following: a.Inspect in winter months to ensure plowed snow is not being stored on infiltration/filtration practices. b.Establish a watering plan that extends a minimum of one year after planting. c.At a minimum, require annual maintenance of infiltration areas to include trimming vegetation, replacing vegetation where needed, mulch replacement, and removal of accumulated sediment and debris. 3. Provide a copy of the NPDES permit. 4. Submit and ensure SWPPP includes the following statements: a.Infiltration perimeter control and erosion control practices shall remain in place until the final completion of the project or vegetation has been established (whichever is later). b.Installation of infiltration/filtration practices shall be done during periods of dry weather and completed before a rainfall event. Placement of engineered soils shall be on dry native soil only. c.Excavation of infiltration areas shall be completed using a backhoe with a toothed bucket. d.Native soils in infiltration areas shall be de-compacted to a minimum depth of 18 inches prior to placing engineered soil e.The bottom excavation surface of infiltration areas shall be level without dips or swales. f.Engineered soil shall remain uncontaminated (not mixed with other soil) before and during installation. g.During construction, stormwater must be routed around infiltration areas until all construction activity has ceased and tributary surfaces are cleaned of sediment. h.Add note on SWPPP that basins may need to be re-seeded to achieve sufficient plant density. J1, Attachment 14 Packet Page Number 147 of 152 2 THE PERMIT HAS NOT BEEN ISSUED, upon receipt of these items, the permit will be issued and work may commence. Please be aware that the permit states a meeting shall be held on site with District staff to inspect erosion and sediment control measures before grading can begin. If you have any questions, or to schedule this meeting, please contact me at 651-644-8888. Sincerely, Forrest J. Kelley, PE Regulatory and Construction Program Manager cc: Eric Meyer, Larson Engineering, Inc. Shann Finwall, City of Maplewood Michael Thompson, City of Maplewood Todd Shoemaker, Wenck Associates W:\07 Programs\Permitting\2016\16-029 Boaters Outlet\Board Action 16-029 Boaters Outlet.docx J1, Attachment 14 Packet Page Number 148 of 152 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Glenn and Darlene Kloskin, owner of Boaters Outlet, have applied for a conditional use permit for exterior storage of boats for a retail and boat storage facility at 2000 Rice Street; WHEREAS, Section 44-512 (4) of the Business Commercial district states that a conditional use permit may be granted for exterior storage in the Business Commercial district; WHEREAS, this permit applies to the property located at Section 18, Town 29, Range 22 (PIN 182922230017), at 2000 Rice Street, Maplewood, MN. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2017, 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 8, 2017, the city council considered reports and recommendations of the city staff and planning commission. NOW , THEREFORE, BE IT RESOLVED that the city council _________ the above- described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. J1, Attachment 15 Packet Page Number 149 of 152 2 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the site plan date-stamped February 3 and March 3, March 17, March 30, 2017, approved by the City. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3.The City Council shall review this permit in one year. 4.Comply with the conditions of approval in Jon Jarosch’s City engineering report dated May 2, 2017. 5.Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017. 6.This permit allows Boaters Outlet at 2000 Rice Street to utilize their property for the exterior storage of 200 to 225 boats on the back fenced and screen storage area only. No boat storage is allowed on the customer parking lot. The Maplewood City Council _________ this resolution on May 8, 2017. J1, Attachment 15 Packet Page Number 150 of 152 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Glenn and Darlene Kloskin, owner of Boaters Outlet, have applied for a conditional use permit for a metal building to be located at 2000 Rice Street; WHEREAS, Section 44-512 (6) of the Business Commercial district states that a conditional use permit may be granted for a metal building in the Business Commercial district; WHEREAS, this permit applies to the property located at Section 18, Town 29, Range 22 (PIN 182922230017), at 2000 Rice Street, Maplewood, MN. WHEREAS, the history of this conditional use permit is as follows: 1. On April 18, 2017, 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 8, 2017, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above- described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. J1, Attachment 16 Packet Page Number 151 of 152 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the site plan date-stamped February 3 and March 3, March 17, March 30, 2017, approved by the City. Staff may approve minor changes. 2.The proposed use must be substantially started within one year of City Council approval or the permit shall become null and void. The City Council may extend this deadline for one year. 3.The City Council shall review this permit in one year. 4.Comply with the conditions of approval in Jon Jarosch’s City engineering report dated May 2, 2017. 5.Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated May 3, 2017. 6.This permit allows Boaters Outlet to construct a metal building at 2000 Rice Street for their boat retail and service business. The metal building must comply with the City’s metal building standards, as well as comply with all fire and building codes. The Maplewood City Council _________ this resolution on May 8, 2017. J1, Attachment 16 Packet Page Number 152 of 152