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2020-03-09 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 9, 2020 City Hall, Council Chambers Meeting No. 05-20 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. February 24, 2020 City Council Workshop Minutes 2. February 24, 2020 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA — Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Conditional Use Permit Review, Wakefield Park Community Building, 1860 Hazelwood Street 3. Dark Fiber Lease Agreement with Comcast 4. Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street 5. Off -Sale Intoxicating Liquor License for Van Cambo Inc. d/b/a Big Discount Liquors, 2520 White Bear Avenue North 6. Authorize Bituminous Material Purchases for 2020 Season 7. Authorize Ramsey County Public Works to Perform 2020 Street Striping 8. Resolution Accepting Donations for the Nature Explorers Program H. PUBLIC HEARINGS — If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1. Menard Inc., 2280 Maplewood Drive a. Public Hearing 7:00 pm b. Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) c. Zoning Map Amendment Ordinance (Requires 4 Council Votes) d. Conditional Use Permit Amendment, Setback Variances and Shoreland Overlay Impervious Surface Variance Resolution e. Design Review and Lot Division Resolution f. Public Utility Easements Vacation Resolution I. UNFINISHED BUSINESS 1. 2019-2020 Collective Bargaining Agreement with International Association of Fire Fighters - Fire Officers — Local 4470 2. Purchase Agreement with INH Property for the Sale of City -Owned Property at 2501 Londin Lane J. NEW BUSINESS None K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other's time keeping remarks brief, to the point and non -repetitive. MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday, February 24, 2020 City Hall, Council Chambers A. CALL TO ORDER E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:01 p.m. by Mayor Abrams. B. ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present C. APPROVAL OF AGENDA Councilmember Neblett moved to approve the agenda as submitted. Seconded by Councilmember Knutson Ayes — All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Pedestrian Crossing Policy Public Works Director Love gave the Pedestrian Crossing Policy presentation. Heather Kienitz with SEH addressed the council to give additional information. 2. Rental Licensing Program Update Community Development Director Thomson addressed the council to give and update to the Rental Licensing Program. 3. 2021-2025 CIP Preview Finance Director Paulseth addressed the council to give a preview of the 2021-2025 CIP. Public Works Director Love addressed the council to give additional information. F. ADJOURNMENT Mayor Abrams adjourned the meeting at 7:10 p.m. February 24, 2020 1 City Council Workshop Minutes Packet Page Number 1 of 164 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 24, 2020 City Hall, Council Chambers Meeting No. 04-20 A. CALL TO ORDER E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:17 p.m. by Mayor Abrams. Mayor Abrams reported on the public safety annual report. Public Safety Nadeau gave additional information on the public safety annual report. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Kathleen Juenemann, Councilmember Present William Knutson, Councilmember Present Sylvia Neblett, Councilmember Present Bryan Smith, Councilmember Present D. APPROVAL OF AGENDA Agenda item J1 Sale of City -Owned Property at 2501 Londin Lane was added. The following items were added under Council Presentations: Spring Clean Up Climate Adaptation Tree Program Councilmember Knutson moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — All The motion passed. E. APPROVAL OF MINUTES 1. February 10, 2020 City Council Workshop Minutes Councilmember Juenemann moved to approve the February 10, 2020 City Council Workshop Minutes as submitted. Seconded by Councilmember Knutson Ayes — All The motion passed. February 24, 2020 City Council Meeting Minutes Packet Page Number 2 of 164 1 E2 2. February 10, 2020 and Resumed February 12, 2020 City Council Meeting Minutes Councilmember Neblett moved to approve the February 10, 2020 and Resumed February 12. 2020 Citv Council Meetina Minutes as submitted. Seconded by Councilmember Smith Ayes — All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave an update to the council calendar; reviewed other topics of concern or interest requested by councilmembers; and gave an overview of upcoming events in the community. 2. Council Presentations Spring Clean Up Councilmember Juenemann reported on the Spring Clean Up at Alrich Arena on April 18th Climate Adaptation Plan Councilmember Juenemann reported on the first meeting of Climate Adaptation Plan she attended last week. Tree Program Mayor Abrams reported on the second annual Tree Program. 3. St. Paul Area Association of Realtors Presentation City Manager Coleman introduced the item. Khayree Duckett, Government Affairs Director -St. Paul Area Association of Realtors addressed the council to give the presentation. 4. Ramsey County Youth Works! Presentation City Manager introduced the item. Ling Becker, Workforce Solutions Director with Ramsey County addressed the council to give the presentation. 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. February 24, 2020 2 City Council Meeting Minutes Packet Page Number 3 of 164 E2 Councilmember Juenemann moved to approve agenda items G1 -G2. Seconded by Councilmember Smith Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 37,441.97 Checks #105056 thru #105078 dated 02/11/20 $ 673,085.63 Disbursements via debits to checking account dated 02/03/20 thru 02/07/20 $ 251,913.08 Checks # 105079 thru #105118 dated 02/18/20 $ 383,790.32 Disbursements via debits to checking account dated 02/10/20 thru 02/14/20 $ 1,346,231.00 Total Accounts Payable PAYROLL $ 632,290.44 Payroll Checks and Direct Deposits dated 02/07/20 $ 1,405.00 Payroll Deduction check # 99104088 thru # 99104089 dated 02/07/20 $ 633,695.44 Total Payroll $ 1,979,926.44 GRAND TOTAL Seconded by Councilmember Smith Ayes — All The motion passed. 2. Payment for Axon Yearly Maintenance Support & Evidence.com Subscription Councilmember Juenemann moved to approve the payment for Axon yearly maintenance support and Evidence.com subscription. Seconded by Councilmember Smith Ayes — All The motion passed. H. PUBLIC HEARINGS — If you are here fora Public Hearing please familiarize yourself February 24, 2020 City Council Meeting Minutes Packet Page Number 4 of 164 3 E2 with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. Schaller Area Pavement Rehabilitation, City Project 19-11 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 Votes) Public Works Director Love introduced the item. Assistant City Engineer Jarosch gave the presentation. Mayor Abrams opened the public hearing. The following people spoke: 1. Allen Eldridge, 2316 Valley View Ct. E. 2. Al Paulson, 2276 Timber Trail E Mayor Abrams closed the public hearing. Staff answered questions asked during the public hearing. Councilmember Juenemann moved to approve the Resolution Ordering the Improvement for the Schaller Area Pavement Rehabilitation, City Project 19-11. Resolution 20-02-1788 Ordering Improvement WHEREAS, pursuant to a resolution of the City Council adopted January 13, 2020, a date for a council hearing was set on the proposed street improvements for the Schaller Area Pavement Rehabilitation, City Project 19-11; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the hearing was published, and the hearing was duly held on February 24, 2020; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the Schaller Area Pavement Rehabilitation, City Project 19-11. 2. Such improvements ordered as proposed in the Council resolution adopted on the 24th day of February, 2020. 3. The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the January 13, 2020 council meeting. February 24, 2020 4 City Council Meeting Minutes Packet Page Number 5 of 164 E2 4. The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the January 13, 2020 council meeting. A budget of $2,032,000 was established at that time. The proposed financing plan shall be implemented and is as follows: Proposed Financing Plan Funding Source Total Amount % of Total Street Revitalization Fund $961,600 47% Special Benefit Assessments $765,900 38% Sanitary Sewer Fund $86,400 4% Environmental Utility Fund $159,500 8% W.A.C. Fund $58,600 3% Total Estimated Project Funding: $2,032,000 100% Seconded by Councilmember Smith Ayes — All The motion passed. I. UNFINISHED BUSINESS None J. NEW BUSINESS Sale of City -Owned Property at 2501 Londin Lane a. Intent to Close Meeting (Minn. Stat. §13D.05 subd. 3c) b. Purchase Agreement with INH Properties Mayor Abrams moved to close the regular meeting and go into closed session pursuant to Minn. Stat. �13D.05 subd. 3c to consider a purchase counter offer for City -owned property located at 2501 Londin Lane East. Seconded by Councilmember Juenemann Ayes — All The motion passed. The following were present during the closed session Mayor Abrams, Councilmember Juenemann, Councilmember Knutson, Councilmember Neblett, Councilmember Smith, City Manager Coleman, City Attorney Batty and Community Development Director Thompson. Mayor Abrams called the meeting back to order at 8:57 p.m. Mayor Abrams moved to approve the purchase agreement with INH properties for the sale of City -owned property at 2501 Londin Lane consistent with the discussion during the closed session. Seconded by Councilmember Juenemann Ayes — All February 24, 2020 City Council Meeting Minutes Packet Page Number 6 of 164 A E2 The motion passed. K. AWARD OF BIDS None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 8:58 p.m. February 24, 2020 6 City Council Meeting Minutes Packet Page Number 7 of 164 Fla CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: ❑ Motion ✓ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Also included is a list of upcoming City -sponsored community events. Recommended Action: No motion needed. This is an informational item. Uacomina Aaenda Items and Work Sessions Schedule: March 23 Workshop: MORE Team Update; Public Safety Department Annual Report City Council: Xcel Gas Replacement Project Update; Rice Larpenteur Alliance Update April 13 Workshop: Ponds of Battle Creek Update April 29 City Council/Staff Annual Planning Retreat Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1. Tobacco 21 — Workshop & Council Meeting —follow up after 2020 Legislative session 2. Create Pedestrian Safety Plan — Council vote on March 23rd 3. Local Option Sales Tax and Construction Sales Tax Exemption Legislation — in process Packet Page Number 8 of 164 Fla Upcoming Community Events: Date Time Event Location 3/23/2020 3:00 PM Ribbon Cutting for Ramsey Co. Workforce Solutions Career Lab Ramsey County Library - Maplewood 4/11/2020 10 am - 1 pm Egg Hunt Edgerton Community Gym/Park 4/18/2020 8 am - 1 pm Spring Clean Up Aldrich Arena 5/29/2020 5 - 7 pm Family Barn Dance Bruentrup Farm 6/10/2020 6 - 7:30 pm Celebrate Summer Event - Maplewood Summer Challenge Afton Park 6/16/2020 5:30 - 8:30 pm Movie Night at Bruentrup Bruentrup Farm 7/4/2020 5 - 10 pm Light it Up Maplewood Hazelwood Park 7/22/2020 6 - 7:30 pm' Celebrate Summer Event - Touch a Truck MCC/YMCA 8/11/2020 5:30 - 8:30 pm Movie Night at Bruentrup Bruentrup Farm 8/19/2020 6 - 7:30 pm Celebrate Summer Event - End of Summer Celebration Edgerton Park 9/26/2020 9 - 11:30 am Rec Run 5K for Youth Scholarship Fund MCCNMCA & Gateway Trail 10/24/2020 1 - 3 pm Boo Bash I Bruentrup Farm Packet Page Number 9 of 164 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 10 of 164 G1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: March 3, 2020 SUBJECT: Approval of Claims 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: $ 773,224.26 Checks #105119 thru #105171 dated 02/25/20 $ 664,925.52 Disbursements via debits to checking account dated 02/18/20 thru 02/21/20 $ 479,638.32 Checks # 105172 thru #105203 dated 03/03/20 $ 441,795.57 Disbursements via debits to checking account dated 02/24/20 thru 02/28/20 $ 2,359,583.67 Total Accounts Payable PAYROLL $ 614,343.40 Payroll Checks and Direct Deposits dated 02/21/20 $ 2,258.35 Payroll Deduction check # 99104103 thru # 99104105 dated 02/21/20 $ 616,601.75 Total Payroll $ 2,976,185.42 GRAND TOTAL 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. Attachments Packet Page Number 11 of 164 02/20/2020 Check 105119 105120 105121 105122 105123 105124 105125 105126 105127 105128 105129 105130 105131 105132 105133 105134 105135 105136 105137 105138 105139 105140 105141 105142 105143 105144 105145 105146 105147 105148 105149 105150 105151 105152 105153 105154 105155 105156 105157 105158 105159 105160 105161 105162 105163 105164 105164 105165 Date 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 02/25/2020 Vendor 05114 00211 00393 05311 00985 05902 01941 01337 01886 01409 05628 04845 04252 04192 05755 01819 01190 01190 01190 06007 04848 04419 05972 05948 01865 04886 00309 05782 01871 06059 03784 05834 05852 03538 06093 00763 05533 02173 05965 05838 01175 01175 01175 05601 05964 04432 02001 02001 02663 05120 04256 04256 04256 04256 01836 01836 Packet Page Number 12 of 164 Check Register City of Maplewood BOLTON & MEN K, INC. BRAUN INTERTEC CORP. MN DEPT OF LABOR & INDUSTRY WILLIE MCCRAY METROPOLITAN COUNCIL NEOFUNDS PATRICK TROPHIES RAMSEY COUNTY -PROP REC & REV ROSENBAUER MINNESOTA, LLC SEH SITEIMPROVE, INC. TENNIS SANITATION LLC TOWMASTER, INC. TRANS -MEDIC JOANN WILSON WINDSTREAM XCELENERGY XCELENERGY XCELENERGY ADVANCED WATER JET, LLC AVESIS LOUISE A. BEAMAN BHE COMMUNITY SOLAR, LLC BLUE NET, INC. DON BOWMAN KAREN MARIE BOWMAN COMMISSIONER OF TRANSPORTATION PERRY COONCE KENNETH COOPER ANDREW ELLIS ENVIRONMENTAL SYS RES INST INC US BANCORP GOVT LEASING & FINANCE KATHLEEN GRAEN PATRICK JAMES HUBBARD IMAGE360 JOHNSON CONTROLS KIRVIDA FIRE L -Z TRUCK EQUIPMENT CO INC LYDIA MESA MINNESOTA BENEFIT ASSOCIATION CITY OF NORTH ST PAUL CITY OF NORTH ST PAUL CITY OF NORTH ST PAUL ALEC PEROZA STANLEY J PETERSON EUGENE E. RICHARDSON CITY OF ROSEVILLE CITY OF ROSEVILLE CARL SAARION RICH SCHELL SHI INTERNATIONAL CORP SHI INTERNATIONAL CORP SHI INTERNATIONAL CORP SHI INTERNATIONAL CORP ST PAUL, CITY OF ST PAUL, CITY OF G1, Attachments Description GENERAL GIS ASSISTANCE PROJ 18-27 MNDOT TESTING MONTHLY SURTAX - JAN 1230352020 YOUTH BASKETBALL REFEREES 02/15-16 WASTEWATER - MARCH POSTAGE - CITY HALL POSTAGE MACHINE MEDALS FOR YOUTH BASKETBALL TRUTH IN TAXATION NOTICE 2017 FINAL INSPECTION CHG NEW FIRE TRUCK PROJ 19-33 PED CROSSING POLICY ANNUAL SUPPORT CONTRACT RECYCLING FEE - JANUARY PARTS FOR SNOWPLOW CUTTING EDGES EMS BILLING - JANUARY VOLLEYBALL REFEREE 12/16 - 02/14 LOCAL PHONE SERVICE 01/15 - 02/14 ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY ELECTRIC & GAS UTILITY REFLECTIVE SHEETING REMOVAL MONTHLY PREMIUM - MARCH VOLLEYBALL REFEREE 12/16 - 02/14 COMMUNITY SOLAR GARDEN -DECEMBER CONTRACTOR ASSIST NEW INTRANET VOLLEYBALL ASSIGNMENTS 12/16 - 02/14 VOLLEYBALL ASSIGNMENTS 12/16 - 02/14 PROJ 16-18 TESTING & INSPECTIONS VOLLEYBALL REFEREE 12/16 - 02/14 VOLLEYBALL REFEREE 12/16 - 02/14 VOLLEYBALL REFEREE 12/16 - 02/14 SOFTWARE MAINT ARCVIEW/GIS SERVER FIRE TRUCK LEASE PMT 077-0020196-002 VOLLEYBALL REFEREE 12/16 - 02/14 VOLLEYBALL REFEREE 12/16 - 02/14 NC EXLORERS PRINTING/FOAM BACKING ANNUAL FIRE ALARM INSPECTION -1902 REPAIRS TO ENGINE #323 TOMMY LIFTGATE FOR UNIT #514 VOLLEYBALL REFEREE 12/16 - 02/14 MONTHLY PREMIUM FIBER OPTIC IRU -CONNECT MW & RV MONTHLY UTILITIES - JANUARY 2019 FIBER MAINTENANCE FEE V -BALL CLINIC INSTRUCTION - WINTER VOLLEYBALL REFEREE 12/16 - 02/14 VOLLEYBALL REFEREE 12/16 - 02/14 PHONE & IT SUPPORT SRVS - FEBRUARY AIRWATCH LICENSES 2020 VOLLEYBALL REFEREE 12/16 - 02/14 VOLLEYBALL REFEREE 12/16 - 02/14 DELL LAPTOPS FOR NEW SQUAD CARS DOCKING STATIONS -NEW SQUAD CARS MONITORS FOR NEW WORKSTATIONS HAVIS DOCKING STATION STREET LIGHT REPAIR-FROST/WALTER STREET LIGHT REPAIR-FROST/WALTER Amount 825.00 3,243.00 445.21 2,291.00 297,410.22 1,500.00 2,003.30 2,773.73 2,436.00 603.00 4,300.00 62,546.00 2,413.29 8,633.77 108.00 592.95 7,078.36 3,170.70 415.82 993.20 344.56 567.00 2,222.26 75.00 684.00 576.00 191.65 162.00 1,296.00 837.00 17,302.00 93,882.43 81.00 648.00 121.34 653.33 377.37 2,940.00 243.00 484.73 50,000.00 3,338.62 2,400.00 240.00 81.00 891.00 6,230.00 4,937.50 81.00 486.00 17,845.00 3,186.13 2,420.00 783.00 1,708.00 57.16 105166 02/25/2020 01578 T R F SUPPLY CO. 105167 02/25/2020 06076 TENVOORDE FORD, INC. CONTRACT 7950665-013 02/25/2020 06076 TENVOORDE FORD, INC. ACCELA IMPLEMENTATION ASSIST 02/25/2020 06076 TENVOORDE FORD, INC. 105168 02/25/2020 05528 TOSHIBA FINANCIAL SERVICES (2) 02/25/2020 05528 TOSHIBA FINANCIAL SERVICES (2) 105169 02/25/2020 05994 VISION33INC. 105170 02/25/2020 01876 WHAT WORKS INC 02/25/2020 01876 WHAT WORKS INC 105171 02/25/2020 05491 ZUERCHER TECHNOLOGIES, LLC 53 Checks in this report. G1, Attachments SAFETY GLOVES 646.80 2020 FORD INTERCEPT 6283 32,753.52 2020 FORD INTERCEPT 2959 32,753.52 2020 FORD INTERCEPT 6284 32,753.52 CONTRACT 7950665-013 269.77 CONTRACT 7950665-012 102.89 ACCELA IMPLEMENTATION ASSIST 1,200.00 CD ORGANIZATIONAL DEVELOPMENT 3,145.00 CD ORGANIZATIONAL DEVELOPMENT 2,587.50 SOFTWARE MAINTENANCE - 2020 44,856.11 773.224.26 Packet Page Number 13 of 164 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement Date Payee Description Amount 2/18/2020 MN State Treasurer Drivers License/Deputy Registrar 83,767.62 2/18/2020 Delta Dental Dental Premium 1,110.00 2/19/2020 MN State Treasurer Drivers License/Deputy Registrar 67,444.92 2/20/2020 MN State Treasurer Drivers License/Deputy Registrar 69,016.80 2/21/2020 MN State Treasurer Drivers License/Deputy Registrar 75,862.36 2/21/2020 US Bank VISA One Card* Purchasing card items 66,982.06 2/21/2020 MN Dept of Revenue Sales Tax 738.00 2/21/2020 MN Dept of Revenue Fuel Tax 643.53 2/21/2020 Optum Health DCRP & Flex plan payments 690.86 2/21/2020 Delta Dental Dental Premium 900.00 2/21/2020 ICMA (Vantagepointe) Deferred Compensation 10,093.00 2/21/2020 Labor Unions Union Dues 4,038.80 2/21/2020 U.S. Treasurer Federal Payroll Tax 108,410.81 2/21/2020 P. E. R. A. P. E. R. A. 133,193.93 2/21/2020 MN State Treasurer State Payroll Tax 24,671.55 2/21/2020 MidAmerica - ING HRA Flex plan 15,681.28 2/21/2020 ICMA (Vantagepointe) Retiree Health Savings 1,680.00 664,925.52 *Detailed listing of VISA purchases is attached. Packet Page Number 14 of 164 G1, Attachments Transaction Date Posting Date Merchant Name Transaction Amount Name 02/04/2020 02/05/2020 SAMSCLUB #6309 $89.50 JOSHUA ABRAHAM 02/04/2020 02/05/2020 OLD LOG THEATRE $449.55 JOSHUA ABRAHAM 02/11/2020 02/12/2020 CVS/PHARMACY #01751 $16.58 JOSHUA ABRAHAM 01/30/2020 02/03/2020 OFFICE DEPOT#1090 $80.59 REGAN BEGGS 02/03/2020 02/05/2020 OFF ICEMAX/OFFICEDEPT#6874 $5.44 REGAN BEGGS 02/05/2020 02/05/2020 AMZN MKTP US*MD6LM2M73 $21.11 REGAN BEGGS 02/05/2020 02/07/2020 SPECIALTY STORE SERVICES $60.33 REGAN BEGGS 02/05/2020 02/07/2020 VERITIV-EAST $892.20 REGAN BEGGS 02/05/2020 02/07/2020 VERITIV-EAST $441.75 REGAN BEGGS 02/05/2020 02/07/2020 VERITIV-EAST $321.75 REGAN BEGGS 02/05/2020 02/07/2020 VERITIV-EAST $112.11 REGAN BEGGS 02/06/2020 02/10/2020 OFFICE DEPOT #1090 $19.98 REGAN BEGGS 02/06/2020 02/10/2020 DRIVERS LICENSE GUIDE CO $43.90 REGAN BEGGS 02/07/2020 02/10/2020 SPECIALTY STORE SERVICES ($3.53) REGAN BEGGS 02/12/2020 02/14/2020 OFFICE DEPOT #1090 $66.29 REGAN BEGGS 02/12/2020 02/14/2020 OFFICE DEPOT #1090 $37.98 REGAN BEGGS 02/04/2020 02/05/2020 HOO*HOOTSUITE INC $1,079.56 CHAD BERGO 02/12/2020 02/13/2020 AMZN MKTP US*E796Z40E3 $29.98 CHAD BERGO 02/12/2020 02/14/2020 OFFICEMAX/DEPOT 6164 $23.32 CHAD BERGO 02/05/2020 02/07/2020 AXON $797.37 BRIAN BIERDEMAN 02/05/2020 02/07/2020 TANDY LEATHER #158 $112.08 OAKLEY BIESANZ 02/07/2020 02/10/2020 MICHAELS STORES 5721 $56.44 OAKLEY BIESANZ 01/31/2020 02/03/2020 FACEBK 8M46XNJGN2 $68.22 NEIL BRENEMAN 01/31/2020 02/03/2020 EPIC SPORTS, INC. $412.42 NEIL BRENEMAN 02/11/2020 02/12/2020 BCS*ISD 622 COMMUNITY ED $1,101.75 NEIL BRENEMAN 01/31/2020 02/03/2020 AMAZON.COM*515QMOLH3 $29.99 DANIEL BUSACK 02/01/2020 02/03/2020 DELTAAIR 0062417656848 $281.80 DANIEL BUSACK 02/05/2020 02/06/2020 CINTAS 60A SAP $90.15 SCOTT CHRISTENSON 02/12/2020 02/13/2020 CINTAS 60A SAP $70.95 SCOTT CHRISTENSON 02/07/2020 02/10/2020 GUARDIAN ANGEL $241.93 SHAWN CONWAY 02/10/2020 02/11/2020 DPS FIREFIGHTER LICENSING $2,175.00 SHAWN CONWAY 02/11/2020 02/12/2020 DPS FIREFIGHTER LICENSING $75.00 SHAWN CONWAY 02/05/2020 02/06/2020 GALLS $4,981.96 KERRY CROTTY 02/12/2020 02/13/2020 CORPORATE MARK INC. $640.00 KERRY CROTTY 02/12/2020 02/13/2020 41MPRINT $1,967.65 KERRY CROTTY 02/13/2020 02/14/2020 41MPRINT ($508.38) KERRY CROTTY 01/31/2020 02/03/2020 MIKES LP GAS INC $13.50 THOMAS DABRUZZI 02/04/2020 02/06/2020 MENARDS OAKDALE MN $405.74 RICHARD DAWSON 02/05/2020 02/06/2020 L2G*MN BKGRD CHECK 844-3 $9.10 RICHARD DAWSON 02/07/2020 02/10/2020 VICTORY PARKING INC $11.00 JOHN DUCHARME 02/04/2020 02/06/2020 BROWNELLS INC $742.96 MICHAEL DUGAS 02/05/2020 02/06/2020 AMAZON. COM*Z37R26F73 AMZN $63.28 MICHAEL DUGAS 02/07/2020 02/10/2020 LUCKYGUNNER.COM $690.78 MICHAEL DUGAS 02/06/2020 02/07/2020 U OF M CONTLEARNING $225.00 EMILY DUNLAP 02/04/2020 02/05/2020 CINTAS 60A SAP $37.50 CASSIE FISHER 02/11/2020 02/12/2020 CINTAS 60A SAP $37.50 CASSIE FISHER 02/13/2020 02/14/2020 IACP $190.00 CASSIE FISHER 02/05/2020 02/06/2020 CRADLEPOINT $1,531.25 MYCHAL FOWLDS 02/05/2020 02/06/2020 KIDDE FIRE TRAINERS $2,380.40 MYCHAL FOWLDS 02/05/2020 02/06/2020 WEB*NETWORKSOLUTIONS $5.99 MYCHAL FOWLDS 02/06/2020 02/07/2020 VZWRLSS*APOCC VISB $7,005.87 MYCHAL FOWLDS 02/10/2020 02/11/2020 AT&T*BILL PAYMENT $31.25 MYCHAL FOWLDS 02/06/2020 02/07/2020 DIGICERT INC $259.00 NICK FRANZEN 02/07/2020 02/10/2020 EB BEST PRACTICES FOR $42.55 CAROLE GERNES 02/07/2020 02/10/2020 EB BEST PRACTICES FOR $42.55 CAROLE GERNES 02/07/2020 02/10/2020 EB BEST PRACTICES FOR $42.55 CAROLE GERNES 02/06/2020 02/07/2020 IDENTISYS INCORPORATED $403.00 ALEX GERONSIN 02/09/2020 02/10/2020 NEOPOST $140.00 ALEX GERONSIN Packet Page Number 15 of 164 G1, Attachments 02/12/2020 02/13/2020 AMZN MKTP US*AX3TJOKV3 $38.44 ALEX GERONSIN 02/03/2020 02/05/2020 MENARDS OAKDALE MN $11.11 TAMARA HAYS 02/04/2020 02/06/2020 GG *AMERICAN HEART MWA $15.00 LINDSAY HERZOG 02/05/2020 02/06/2020 CUB FOODS #1599 $11.57 LINDSAY HERZOG 02/06/2020 02/07/2020 WWW.FRUITSHARE.COM $55.20 LINDSAY HERZOG 02/13/2020 02/14/2020 CUB FOODS #1599 $8.98 LINDSAY HERZOG 02/12/2020 02/13/2020 GRUBER'S POWER EQUIPMENT $102.91 GARY HINNENKAMP 02/12/2020 02/14/2020 CALIBRE PRESS $259.00 MICHAEL HOEMKE 01/31/2020 02/03/2020 DALCO ENTERPRISES $307.20 DAVID JAHN 02/11/2020 02/12/2020 AMZN MKTP US*QCOTHOLF3 $175.64 DAVID JAHN 02/08/2020 02/10/2020 AMZN MKTP US*LW66N3B03 $57.98 MEGHAN JANASZAK 01/31/2020 02/03/2020 SANDYS SEWING DEN $11.54 KEVIN JOHNSON 02/03/2020 02/04/2020 SHRED -IT USA LLC $246.52 LOIS KNUTSON 02/03/2020 02/04/2020 WHITE BEAR AREA CHAMBE $80.00 LOIS KNUTSON 02/05/2020 02/07/2020 MNCHAMBERCOM $65.00 LOIS KNUTSON 02/05/2020 02/07/2020 OFFICE DEPOT #1090 $62.66 LOIS KNUTSON 02/10/2020 02/11/2020 CUB FOODS #1599 $20.98 LOIS KNUTSON 02/10/2020 02/12/2020 HONEYBAKED HAM 2527-ECOMM $155.19 LOIS KNUTSON 02/14/2020 02/14/2020 ULINE *SHIP SUPPLIES $258.68 JASON KUCHENMEISTER 02/03/2020 02/04/2020 BCA TRAINING EDUCATION $250.00 DAVID KVAM 02/06/2020 02/07/2020 THOMSON WEST*TCD $565.00 DAVID KVAM 02/12/2020 02/13/2020 MINNESOTA STATE COLLEGES $450.00 DAVID KVAM 02/12/2020 02/13/2020 PAYPAL *JPNIXONCONS $360.00 DAVID KVAM 02/13/2020 02/14/2020 PUBLIC AGENCY TRAINING $325.00 DAVID KVAM 01/31/2020 02/03/2020 AIRGAS USA, LLC $186.29 STEVE LUKIN 01/31/2020 02/03/2020 AIRGAS USA, LLC $348.35 STEVE LUKIN 01/31/2020 02/03/2020 AIRGAS USA, LLC $33.44 STEVE LUKIN 02/03/2020 02/03/2020 COMCAST CABLE COMM $2.24 STEVE LUKIN 02/07/2020 02/10/2020 REPUBLIC SERVICES TRASH ($83.76) STEVE LUKIN 02/07/2020 02/10/2020 SMITH WARREN CO $250.00 STEVE LUKIN 02/07/2020 02/10/2020 AIRGAS USA, LLC $94.53 STEVE LUKIN 02/08/2020 02/10/2020 AMZN MKTP US*564P961Z3 $159.52 STEVE LUKIN 02/04/2020 02/05/2020 OUTCOME ENGENUITY $235.30 MICHAEL MONDOR 02/05/2020 02/06/2020 EVEREST EMERGENCY VEHICLE $124.77 MICHAEL MONDOR 02/10/2020 02/11/2020 PARKING METER ST PAUL $4.50 MICHAEL MONDOR 01/31/2020 02/03/2020 CINTAS 60A SAP $73.95 BRYAN NAGEL 02/04/2020 02/06/2020 THE HOME DEPOT 2801 $99.94 BRYAN NAGEL 02/03/2020 02/04/2020 MILLS FLEET FARM 2700 $117.96 JOHN NAUGHTON 02/06/2020 02/10/2020 MENARDS OAKDALE MN $28.60 JOHN NAUGHTON 02/12/2020 02/12/2020 AMZN MKTP US*VO5TM03E3 $65.49 MICHAEL NYE 02/10/2020 02/12/2020 MINNESOTA GOVERNMENT FIN $30.00 ELLEN PAULSETH 02/10/2020 02/12/2020 MINNESOTA GOVERNMENT FIN $70.00 ELLEN PAULSETH 02/03/2020 02/05/2020 BOUND TREE MEDICAL LLC $211.80 KENNETH POWERS 02/10/2020 02/12/2020 BOUND TREE MEDICAL LLC $499.95 KENNETH POWERS 01/30/2020 02/03/2020 METRO PRODUCTS INC $269.40 STEVEN PRIEM 01/31/2020 02/03/2020 POMP S TIRE #98 $2,050.28 STEVEN PRIEM 01/31/2020 02/03/2020 0391-AUTOPLUS $37.50 STEVEN PRIEM 01/31/2020 02/03/2020 0391-AUTOPLUS $185.90 STEVEN PRIEM 01/31/2020 02/03/2020 TRI-STATE BOBCAT $8.28 STEVEN PRIEM 02/01/2020 02/03/2020 POMP S TIRE #021 $1,174.04 STEVEN PRIEM 02/03/2020 02/04/2020 POMP S TIRE #021 $209.52 STEVEN PRIEM 02/03/2020 02/05/2020 PIONEER RIM AND WHEE $98.58 STEVEN PRIEM 02/05/2020 02/06/2020 TRI-STATE BOBCAT $96.38 STEVEN PRIEM 02/05/2020 02/07/2020 WHEELCO BRAKE &SUPPLY $91.30 STEVEN PRIEM 02/06/2020 02/07/2020 POMP S TIRE #021 $1,722.00 STEVEN PRIEM 02/06/2020 02/07/2020 AN FORD WHITE BEAR LAK $559.13 STEVEN PRIEM 02/07/2020 02/10/2020 FACTORY MTR PTS #19 $177.11 STEVEN PRIEM 02/07/2020 02/10/2020 H AND L MESABI COMPANY $2,550.73 STEVEN PRIEM 02/08/2020 02/10/2020 PIONEER RIM AND WHEEL COM $213.53 STEVEN PRIEM Packet Page Number 16 of 164 G1, Attachments 02/10/2020 02/11/2020 0391-AUTOPLUS $190.78 STEVEN PRIEM 02/10/2020 02/11/2020 0391-AUTOPLUS $19.60 STEVEN PRIEM 02/10/2020 02/11/2020 0391-AUTOPLUS $53.71 STEVEN PRIEM 02/10/2020 02/11/2020 WALSER POLAR CHEVROLET $91.68 STEVEN PRIEM 02/10/2020 02/11/2020 SQ *DAVIS LOCK AND SAFE $10.72 STEVEN PRIEM 02/10/2020 02/11/2020 ZAHL-PETROLEUM MAINTEN $158.40 STEVEN PRIEM 02/10/2020 02/11/2020 TRI-STATE BOBCAT $1,559.18 STEVEN PRIEM 02/11/2020 02/12/2020 TRI-STATE BOBCAT $723.81 STEVEN PRIEM 02/11/2020 02/12/2020 TRI-STATE BOBCAT $114.18 STEVEN PRIEM 02/12/2020 02/13/2020 FACTORY MTR PTS #19 $37.38 STEVEN PRIEM 02/12/2020 02/13/2020 0391-AUTOPLUS $37.28 STEVEN PRIEM 02/12/2020 02/13/2020 AN FORD WHITE BEAR LAK $213.36 STEVEN PRIEM 02/12/2020 02/14/2020 ZIEGLER INC COLUMBUS $308.92 STEVEN PRIEM 02/13/2020 02/14/2020 0391-AUTOPLUS $56.84 STEVEN PRIEM 02/05/2020 02/06/2020 MINNESOTA OCCUPATIONAL H $262.20 TERRIE RAMEAUX 02/05/2020 02/06/2020 MINNESOTA OCCUPATIONAL H $719.00 TERRIE RAMEAUX 02/11/2020 02/12/2020 THE STAR TRIBUNE ONLINE $410.00 TERRIE RAMEAUX 01/31/2020 02/03/2020 AMZN MKTP US*EZ3061CF3 $75.11 MICHAEL RENNER 02/01/2020 02/03/2020 AMAZON.COM*K89MF6MY3 $81.66 MICHAEL RENNER 02/07/2020 02/10/2020 AMZN MKTP US*6W94M42W3 $90.20 MICHAEL RENNER 02/07/2020 02/10/2020 BROTHER MALL $2,499.26 MICHAEL RENNER 02/05/2020 02/06/2020 DALCO ENTERPRISES $92.74 AUDRA ROBBINS 02/09/2020 02/10/2020 EIG*CONSTANTCONTACT.COM $65.00 AUDRA ROBBINS 02/11/2020 02/12/2020 BCS*ISD 622 COMMUNITY ED $2,380.00 AUDRA ROBBINS 02/12/2020 02/13/2020 CINTAS 60A SAP $53.30 AUDRA ROBBINS 02/04/2020 02/05/2020 NOODLES & CO 318 $22.60 JOSEPH RUEB 02/06/2020 02/10/2020 SAFE-FAST(MW) $155.61 ROBERT RUNNING 02/10/2020 02/11/2020 TRI-STATE BOBCAT $1,135.31 ROBERT RUNNING 02/10/2020 02/12/2020 SAFE-FAST(MW) ($155.61) ROBERT RUNNING 02/10/2020 02/12/2020 SAFE-FAST(MW) $251.29 ROBERT RUNNING 02/12/2020 02/13/2020 TRI-STATE BOBCAT $795.10 ROBERT RUNNING 02/13/2020 02/14/2020 AMZN MKTP US*HN0RO76W3 $12.98 DEB SCHMIDT 02/05/2020 02/06/2020 CINTAS 60A SAP $95.68 SCOTT SCHULTZ 02/05/2020 02/06/2020 CINTAS 60A SAP $60.89 SCOTT SCHULTZ 02/05/2020 02/06/2020 CINTAS 60A SAP $12.63 SCOTT SCHULTZ 02/05/2020 02/06/2020 CINTAS 60A SAP $19.04 SCOTT SCHULTZ 02/12/2020 02/13/2020 CINTAS 60A SAP $113.72 SCOTT SCHULTZ 02/12/2020 02/13/2020 CINTAS 60A SAP $12.63 SCOTT SCHULTZ 02/12/2020 02/13/2020 CINTAS 60A SAP $56.29 SCOTT SCHULTZ 02/12/2020 02/13/2020 CINTAS 60A SAP $19.04 SCOTT SCHULTZ 02/10/2020 02/12/2020 VICTORY PARKING INC $9.00 JOE SHEERAN 02/03/2020 02/04/2020 TARGET SOLUTION $5,295.50 MICHAEL SHORTREED 02/06/2020 02/10/2020 #4210 ORACLE /AT&T $8.32 MICHAEL SHORTREED 02/13/2020 02/14/2020 LITTLE VENETIAN $37.49 MICHAEL SHORTREED 02/01/2020 02/03/2020 GALLS $190.68 PAUL THIENES 01/31/2020 02/03/2020 SENSIBLE LAND USE COALITI $96.00 JEFF THOMSON 02/05/2020 02/07/2020 OFFICE DEPOT #1090 $19.02 KAREN WACHAL 02/06/2020 02/10/2020 OFFICE DEPOT #1090 $25.32 KAREN WACHAL 02/03/2020 02/05/2020 BOUND TREE MEDICAL LLC $1,805.58 ERIC ZAPPA $66,982.06 Packet Page Number 17 of 164 02/27/2020 Check Date Vendor 105172 105173 105174 105175 105176 105177 105178 105179 105180 105181 105182 105183 105184 105185 105186 105187 105188 105189 105190 105191 105192 105193 105194 105195 105196 105197 105198 105199 105200 105201 105202 105203 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 03/03/2020 02411 02411 00159 05114 04137 02728 05311 01337 01337 01337 01337 01337 01190 01190 01190 01190 01190 01190 01190 01190 01047 05987 05805 05805 05786 00464 05313 05313 05313 05313 05313 05493 02137 02137 05533 00857 00532 03818 06102 06101 01126 05804 05804 05356 00396 00396 00396 00396 00396 01340 05842 02464 Check Register City of Maplewood ALEX AIR APPARATUS INC ALEX AIR APPARATUS INC PAUL BARTZ BOLTON & MENK, INC. THE EDGE MARTIAL ARTS KIMLEY-HORN & ASSOCIATES INC WILLIE MCCRAY RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV RAMSEY COUNTY -PROP REC & REV XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY XCELENERGY 3M AGILITI HEALTH, INC. AXON ENTERPRISE, INC. AXON ENTERPRISE, INC. COLONIAL LIFE PROCESSING CTR EMERGENCY AUTOMOTIVE TECH, INC GRAPHIC DESIGN, INC. GRAPHIC DESIGN, INC. GRAPHIC DESIGN, INC. GRAPHIC DESIGN, INC. GRAPHIC DESIGN, INC. HANDTEVY KENNEDY & GRAVEN CHARTERED KENNEDY & GRAVEN CHARTERED KIRVIDA FIRE LEAGUE OF MINNESOTA CITIES MADDEN GALANTER HANSEN, LLP MEDICA MINGER CONSTRUCTION CO., INC. MOUNDS VIEW BASKETBALL ASSOC NCPERS GROUP LIFE INS. MN NM CLEAN 1, LLC NM CLEAN 1, LLC NORTH SUBURBAN ACCESS CORP MN DEPT OF PUBLIC SAFETY MN DEPT OF PUBLIC SAFETY MN DEPT OF PUBLIC SAFETY MN DEPT OF PUBLIC SAFETY MN DEPT OF PUBLIC SAFETY REGIONS HOSPITAL MIKE TURNBULL US BANK 32 Checks in this report. Packet Page Number 18 of 164 G1, Attachments Description SCBA COMPRESSOR SERVICE SCBA COMPRESSOR SERVICE COURT APPEARANCE FOR PD CASE PROJ 19-22 CO RD B & ARCADE KARATE INSTRUCTION - NOV - DEC PROJ 19-10 MCCLELLAND ST IMPROV YOUTH BASKETBALL REFEREES 02/22-23 911 DISPATCH SERVICES - JANUARY CAD SERVICES - JANUARY FLEET SUPPORT FEES - JANUARY FLEET SUPPORT FEES - JANUARY ADMIN CHARGES FOR SA 2017 ELECTRIC UTILITY ELECTRIC & GAS UTILITY ELECTRIC UTILITY ELECTRIC UTILITY GAS UTILITY GAS UTILITY ELECTRIC UTILITY ELECTRIC UTILITY ROLL GOODS FOR SIGN FABRICATION EMS EQUIPMENT MAINT EVIDENCE.COM YEARLY LICENSES/MAINT EVIDENCE.COM YEARLY LICENSES/MAINT MONTHLY PREMIUM BCN:E4677316-FEB NEW SQUAD EQ #948 V#2708 STATIONERY ORDER STATIONERY ORDER STATIONERY ORDER STATIONERY ORDER STATIONERY ORDER MEDICATION MGMT ANNUAL RENEWAL ATTORNEYFEES- JANUARY ATTORNEY FEES - CABLE MATTERS -JAN REPAIRS TO ENGINE #323 SAFETY & LOSS CONTROL WORKSHOP HR ATTORNEY FEE LABOR REL -JAN MONTHLY PREMIUM - MARCH PROJ 19-28 WAKEFIELD GATE GYM RENTAL - SR HIGH BBALL LEAGUE MONTHLY PREMIUM - MARCH VEHICLE WASHES - NOV - DEC VEHICLE WASHES - JANUARY PRODUCTION SERVICES - JANUARY TITLE FOR MARKED SQUAD TITLE FOR MARKED SQUAD TITLE FOR MARKED SQUAD TITLE POLICE FORFEITURE TABS FOR 2016 FORD POLICE VEHICLE MEDICAL SUPPLIES FIRE MARSHAL SERVICES 12/09 - 12/30 FUNDS FOR CITY HALL ATM Amount 722.07 699.18 284.95 67,607.00 1,323.00 1,913.30 2,457.00 37,638.23 7,289.58 627.12 321.36 5,700.00 13,568.12 7,349.86 1,153.64 683.60 343.99 136.32 52.57 17.85 382.81 120.00 93,056.13 6,180.14 300.70 11,111.63 3,537.00 1,093.00 738.00 93.00 34.00 583.50 6,280.52 61.25 1,615.54 20.00 352.00 161,129.62 29,266.24 864.00 592.00 116.91 38.97 984.70 27.00 27.00 27.00 27.00 14.25 859.67 216.00 10,000.00 479.638.32 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement Date Payee 2/24/2020 MN State Treasurer 2/24/2020 MN Dept of Natural Resources 2/24/2020 Delta Dental 2/24/2020 Empower - State Plan 2/25/2020 MN State Treasurer 2/26/2020 MN State Treasurer 2/27/2020 MN State Treasurer 2/28/2020 MN State Treasurer 2/28/2020 MN Dept of Natural Resources 2/28/2020 Optum Health Description Drivers License/Deputy Registrar DNR electronic licenses Dental Premium Deferred Compensation Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar Drivers License/Deputy Registrar DNR electronic licenses DCRP & Flex plan payments G1, Attachments Amount 76,223.67 644.10 2,309.22 28,650.00 56,675.82 107,883.33 85,613.24 82,270.94 628.60 896.65 441,795.57 Packet Page Number 19 of 164 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK # CHECK DATE EMPLOYEE NAME AMOUNT incl in Amount 02/21/20 ABRAMS, MARYLEE 560.80 02/21/20 JUENEMANN, KATHLEEN 493.60 02/21/20 KNUTSON, WILLIAM 493.60 02/21/20 NEBLETT, SYLVIA 493.60 02/21/20 SMITH, BRYAN 493.60 02/21/20 COLEMAN, MELINDA 6,835.20 02/21/20 KNUTSON, LOIS 3,313.09 02/21/20 SABLE, MICHAEL 4,935.59 02/21/20 CHRISTENSON, SCOTT 2,566.53 02/21/20 DOUGLASS, TOM 2,513.92 02/21/20 JAHN, DAVID 2,514.82 02/21/20 HERZOG, LINDSAY 2,306.13 02/21/20 RAMEAUX, THERESE 3,766.81 02/21/20 ANDERSON, CAROLE 3,452.02 02/21/20 DEBILZAN, JUDY 2,590.49 02/21/20 OSWALD, BRENDA 2,733.60 02/21/20 PAULSETH, ELLEN 5,601.60 02/21/20 RUEB, JOSEPH 4,441.64 02/21/20 ARNOLD, AJLA 2,292.43 02/21/20 BEGGS, REGAN 2,314.59 02/21/20 COLE, DEBORAH 3,726.33 02/21/20 DAIIL, LOLA 480.00 02/21/20 EVANS, CHRISTINE 2,319.20 02/21/20 LARSON, MICHELLE 2,316.89 02/21/20 SINDT, ANDREA 3,941.09 02/21/20 HANSON, MELISSA 1,950.40 02/21/20 HOCKBEIN, JUDY 1,066.81 02/21/20 KRAMER, PATRICIA 1,274.83 02/21/20 MOY, PAMELA 1,855.36 02/21/20 OLSON, THOMAS 1,768.80 02/21/20 OSTER, ANDREA 2,355.59 02/21/20 RICHTER, CHARLENE 1,614.67 02/21/20 VITT, JULIANNE 1,160.85 02/21/20 WEAVER, KRISTINE 3,499.76 02/21/20 WINKELMAN, JULIA 1,337.16 02/21/20 BJORNSTAD, MYRON 48.00 02/21/20 JOHANNESSEN, JUDITH 24.00 02/21/20 MAITRE, GERALDINE 24.00 02/21/20 ABDI, DAUD 2,287.87 02/21/20 ABEL, CLINT 3,788.46 02/21/20 ALDRIDGE, MARK 3,958.72 02/21/20 BAKKE, LONN 3,936.54 02/21/20 BELDE, STANLEY 4,119.18 02/21/20 BENJAMIN, MARKESE 3,654.04 02/21/20 BERGERON, ASHLEY 3,567.20 02/21/20 BIERDEMAN, BRIAN 4,785.84 02/21/20 BURT-MCGREGOR, EMILY 2,981.56 02/21/20 BUSACK, DANIEL 4,785.85 02/21/20 COLEMAN, ALEXANDRA 3,233.84 02/21/20 CONDON, MITCHELL 2,792.66 Packet Page Number 20 of 164 5.88 15.18 02/21/20 CROTTY, KERRY 4,838.42 02/21/20 DEMULLING, JOSEPH 4,206.24 02/21/20 DUGAS, MICHAEL 5,918.63 02/21/20 FISHER, CASSANDRA 2,702.59 02/21/20 FORSYTHE, MARCUS 1,976.22 02/21/20 FRITZE, DEREK 4,622.88 02/21/20 GABRIEL, ANTHONY 3,852.76 02/21/20 HAWKINSON JR, TIMOTHY 3,836.96 02/21/20 HENDRICKS, JENNIFER 2,060.00 02/21/20 HER, PHENG 3,515.90 02/21/20 HIEBERT, STEVEN 3,686.38 02/21/20 HOEMKE, MICHAEL 3,730.60 02/21/20 JOHNSON, KEVIN 4,624.04 02/21/20 KANDA, MADELINE 2,287.87 02/21/20 KHARFL, RAM 290.00 02/21/20 KONG, TOMMY 3,687.26 02/21/20 KORAN, MARIE 2,005.79 02/21/20 KROLL, BRETT 4,142.90 02/21/20 KUCHENMEISTER, JASON 2,206.96 02/21/20 KVAM, DAVID 5,170.18 02/21/20 LANGNER, TODD 4,471.00 02/21/20 LENERTZ, NICHOLAS 2,996.95 02/21/20 LYNCH, KATHERINE 3,873.23 02/21/20 MARINO, JASON 4,493.78 02/21/20 MCCARTY, GLEN 3,885.19 02/21/20 MCKENZIE, JONATHAN 351.63 02/21/20 MICHELETTI, BRIAN 4,000.86 02/21/20 MUMIN, ABDIRIZAQ 380.63 02/21/20 MURRAY, RACHEL 3,157.26 02/21/20 NADEAU, SCOTT 5,992.05 02/21/20 NYE, MICHAEL 4,783.79 02/21/20 OLSON, JULIE 3,957.48 02/21/20 PARKER, JAMES 4,335.53 02/21/20 PEREZ, GUSTAVO 2,567.01 02/21/20 PETERS, DANIEL 2,670.11 02/21/20 SALCHOW, CONNOR 2,911.83 02/21/20 SHEA, STEPHANIE 2,162.59 02/21/20 SHORTREED, MICHAEL 5,157.79 02/21/20 SPARKS, NICOLLE 2,707.91 02/21/20 STARKEY, ROBERT 3,481.24 02/21/20 STEINER, JOSEPH 4,841.99 02/21/20 STOCK, AUBREY 2,639.72 02/21/20 SWETALA, NOAH 2,450.51 02/21/20 TAUZELL, BRIAN 4,483.60 02/21/20 THAO, JAY 355.25 02/21/20 THIENES, PAUL 4,540.61 02/21/20 WENZEL, JAY 3,833.55 02/21/20 WIETHORN, AMANDA 2,890.70 02/21/20 XIONG, KAO 3,653.52 02/21/20 XIONG, TUOYER 2,622.11 02/21/20 ZAPPA, ANDREW 3,589.56 02/21/20 BARRETTE, CHARLES 3,474.00 02/21/20 BAUMAN, ANDREW 4,944.48 02/21/20 BEITLER, NATHAN 2,839.79 02/21/20 CAPISTRANT, JOHN 165.00 02/21/20 CONWAY, SHAWN 4,258.86 02/21/20 CRAWFORD JR, RAYMOND 3,654.48 02/21/20 CRUMMY, CHARLES 2,990.67 02/21/20 DABRUZZI, THOMAS 3,392.70 02/21/20 DANLEY, NICHOLAS 2,768.29 02/21/20 DAVISON, BRADLEY 3,384.08 G1, Attachments Packet Page Number 21 of 164 02/21/20 DAWSON, RICHARD 5,586.67 02/21/20 HAGEN, MICHAEL 2,882.03 02/21/20 HALWEG, JODI 4,000.91 02/21/20 HAWTHORNE, ROCHELLE 3,387.99 02/21/20 KUBAT, ERIC 3,365.20 02/21/20 LANDER, CHARLES 3,316.20 02/21/20 LO, CHING 1,411.79 02/21/20 LUKIN, STEVEN 5,667.35 02/21/20 MALESKI, MICHAEL 2,983.94 02/21/20 MARFORI JR, OSCAR 406.00 02/21/20 MARTIN, MICHAEL 2,624.89 02/21/20 MCGEE, BRADLEY 2,801.00 02/21/20 MERKATORIS, BRETT 3,106.79 02/21/20 MONDOR, MICHAEL 5,474.97 02/21/20 NEILY, STEVEN 3,416.13 02/21/20 NIELSEN, KENNETH 2,990.66 02/21/20 NOVAK, JEROME 4,629.98 02/21/20 POULOSE, PHILIP 406.00 02/21/20 POWERS, KENNETH 3,753.57 02/21/20 SEDLACEK, JEFFREY 3,907.84 02/21/20 STREFF, MICHAEL 4,044.74 02/21/20 WARDELL, JORDAN 3,190.78 02/21/20 ZAPPA, ERIC 3,316.20 02/21/20 CORTESI, LUANNE 2,316.89 02/21/20 JANASZAK, MEGHAN 2,879.44 02/21/20 BRINK, TROY 3,260.45 02/21/20 BUCKLEY, BRENT 3,153.93 02/21/20 EDGE, DOUGLAS 2,659.92 02/21/20 JONES, DONALD 2,974.49 02/21/20 MEISSNER, BRENT 2,961.87 02/21/20 MLODZIK, JASON 2,076.89 02/21/20 NAGEL, BRYAN 4,631.80 02/21/20 OSWALD, ERICK 2,984.80 02/21/20 RUNNING, ROBERT 2,905.19 02/21/20 TEVLIN, TODD 2,974.18 02/21/20 ZAHNOW, LANCE 2,313.41 02/21/20 BURLINGAME, NATHAN 4,400.23 02/21/20 DUCHARME, JOHN 3,343.02 02/21/20 ENGSTROM, ANDREW 3,365.90 02/21/20 JAROSCH, JONATHAN 4,356.32 02/21/20 LINDBLOM, RANDAL 3,834.80 02/21/20 LOVE, STEVEN 5,650.67 02/21/20 STRONG, TYLER 2,885.60 02/21/20 ZIEMAN, SCOTT 88.00 02/21/20 HAYS, TAMARA 2,629.56 02/21/20 HINNENKAMP, GARY 3,303.02 02/21/20 NAUGHTON, JOHN 2,702.35 02/21/20 ORE, JORDAN 2,680.64 02/21/20 SAKRY, JASON 2,529.29 02/21/20 STOKES, KAL 2,041.59 02/21/20 BIESANZ, OAKLEY 2,011.35 02/21/20 GERNES, CAROLE 1,751.59 02/21/20 HUTCHINSON, ANN 3,263.77 02/21/20 TROENDLE, CATHY JO 584.00 02/21/20 WACHAL, KAREN 1,158.45 02/21/20 WOLFE, KAYLA 560.50 02/21/20 DUNLAP, EMILY 2,326.60 02/21/20 JOHNSON, ELIZABETH 2,274.59 02/21/20 KROLL, LISA 2,319.20 02/21/20 PETERSON, DAVID 3,855.77 02/21/20 THOMSON, JEFFREY 4,710.92 Packet Page Number 22 of 164 G1, Attachments G1, Attachments 02/21/20 ADADE, JANE 1,781.87 02/21/20 FINWALL, SHANN 3,972.30 02/21/20 MARTIN, MIKE 4,251.73 29.80 02/21/20 SWAN, DAVID 3,631.90 64.40 02/21/20 WEIDNER, JAMES 3,059.39 02/21/20 WESTLUND, RONALD 1,840.00 02/21/20 WELLENS, MOLLY 2,260.55 02/21/20 REININGER, RUSSELL 2,500.19 02/21/20 ABRAHAM, JOSHUA 2,608.20 02/21/20 ABRAHAMSON, AMANDA 55.00 02/21/20 BJORK, BRANDON 651.00 02/21/20 BRENEMAN, NEIL 3,272.61 02/21/20 CAMPBELL, KEVIN 66.00 02/21/20 CAMPBELL, LUCAS 260.00 02/21/20 CUMMINGS, KATIA 39.00 02/21/20 GATES, DARCY 128.00 02/21/20 GORACKI, GERALD 271.00 02/21/20 HANSEN, MICHAEL 300.00 02/21/20 JORGENSON, SOPHIE 176.00 02/21/20 JORGENSON, TARA 294.00 02/21/20 KORF, BLAKE 82.00 02/21/20 KORF, CAIN 178.50 02/21/20 KRATTENMAKER, JACOB 82.50 02/21/20 KUCHENMEISTER, GINA 2,219.21 02/21/20 KUCHENMEISTER, JUSTIN 120.00 02/21/20 LO, SATHAE 381.50 02/21/20 LUSHANKO, ADAM 129.00 02/21/20 MAKENS, ELLA 30.00 02/21/20 MCKANE, KELLIE 60.00 02/21/20 MCKANE, QUINN 70.00 02/21/20 MERRITT, JACOB 120.00 02/21/20 MEYER, ZACHARY 52.00 02/21/20 MOORE, PATRICK 384.00 02/21/20 NZARA, MUNASHE 180.00 02/21/20 PIEPER, THEODORE 189.00 02/21/20 PURCELL, TYLER 160.00 02/21/20 ROBBINS, AUDRA 4,617.58 02/21/20 ROBBINS, CAMDEN 293.75 02/21/20 SMITH, SUMNER 99.00 02/21/20 SNODDY, BRIANNA 55.00 02/21/20 STECKLER, BRUCE 96.00 02/21/20 STIFTER, RACHEL 108.00 02/21/20 VANG, DONNA 144.00 02/21/20 WENGER-VAUGHN, RASHANA 77.00 02/21/20 WHITE, LINDA 150.00 02/21/20 WILLIAMS III, WALLACE 185.50 02/21/20 BERGO, CHAD 3,785.10 02/21/20 SCHMITZ, KEVIN 2,338.89 02/21/20 SHEERAN JR, JOSEPH 6,495.24 2,384.00 02/21/20 ADAMS, DAVID 2,560.80 02/21/20 HAAG, MARK 3,384.49 02/21/20 JENSEN, JOSEPH 2,223.54 02/21/20 SCHULTZ, SCOTT 4,601.89 02/21/20 WILBER, JEFFREY 2,522.19 02/21/20 PRIEM, STEVEN 2,965.41 02/21/20 WOEHRLE, MATTHEW 3,372.24 02/21/20 XIONG, BOON 2,521.69 02/21/20 FOWLDS, MYCHAL 4,700.18 02/21/20 FRANZEN, NICHOLAS 3,855.18 02/21/20 GERONSIN, ALEXANDER 3,445.32 02/21/20 RENNER, MICHAEL 3,216.40 Packet Page Number 23 of 164 99104101 02/21/20 KIM, WINSTON 2,287.87 99104102 02/21/20 MASON, TAKARA 149.00 614,343.40 Packet Page Number 24 of 164 G1, Attachments G2 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Jane Adade, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Wakefield Park Community Building, 1860 Hazelwood Street Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The conditional use permit (CUP) for the Wakefield Park Community Building at 1860 Hazelwood Street is due for its annual review. Recommended Action: Motion to approve the CUP review for the Wakefield Park Community Building at 1860 Hazelwood Street and review the project again in one year. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. City ordinance requires conditional use permits be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision. At the one-year review, the council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. Background On February 26, 2018, the city approved a conditional use permit for a 3,300 square foot community building to be located at the Wakefield Park at 1860 Hazelwood Street, to serve as a local hub and gathering place for residents. Packet Page Number 25 of 164 G2 The Wakefield Park building is complete as shown in the attached pictures. With the exception of landscaping that is scheduled to be completed by spring this year, all other conditions have been met. The city encountered no issues with the contractors and staff received no complaints from residents about the project. Staff recommends approval of this CUP review for the Wakefield Park Community Building and reviewing the project again in one year to check on the landscaping. Timeline On October 17, 2017: The planning commission and the community design review held a joint meeting to discuss the building's proposed colors and materials. On December 19, 2017: The community design review board reviewed and made recommendations regarding the proposed materials and colors. On February 26, 2018: The city council approved a CUP for a 3,300 square foot community building at the Wakefield Park located at 1860 Hazelwood Street. On April 22, 2019: The city council reviewed the CUP for the Wakefield Park Community Building and moved to review it again in one year. Reference Information Site Description Site Size: 34.32 acres Existing Land Use: Park and Associated Building Structures Surrounding Land Uses North: Frost Avenue and a Church South: Residential Properties East: Residential Properties and a Church West: Residential Properties Planning Existing Land Use: Parks (P) Existing Zoning: Open Space and Parks (OSP) Attachments 1. Overview Map 2. Existing Conditions 3. Exterior Renderings 4. February 26, 2018 CUP Conditions 5. April 22, 2019 city council minutes Packet Page Number 26 of 164 G2, Attachment 2 Wakefield community Park Building — Facing West Packet Page Number 28 of 164 G2, Attachment 3 b TCD 1 E Y Packet Page Number 29 of 164 G2, Attachment 3 C b 1 E Y Packet Page Number 30 of 164 q 4 ; i �F R V : yaK . 71F +*1 n , 1 F Y x.d A n 1 Ss+. 'Mill AM(III G2, Attachment 3 v LL b TCD 1 E Y Packet Page Number 32 of 164 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 26, 2018 City Hall, Council Chambers Meeting No. 04-18 A. NEW BUSINESS G2, Attachment 4 Consider Approval of Wakefield Park Improvements, 1725 Prosperity Road N a. Conditional Use Permit Resolution b. Approval of Plans and Advertising for Bids Resolution Economic Development Coordinator Martin gave the staff report. Parks & Recreation Manager Robbins gave additional information on the Wakefield Park Improvements. Todd Haulunen, Project Manager with Kimley-Horn and Associates, Inc. and Tim Mcllwain, Architect with Hagen, Christensen & Mcll-wain addressed the council to give the presentation and answer questions of the council. Commissioner Bill Kempe addressed the council to the Planning Commission report. Councilmember Abrams moved to approve the conditional use permit resolution to allow a 3,300 square foot community building within the OSP (open space and parks) zoning district for the property located 1725 Prosperity Road North subject to the following conditions: All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The use of nine foot wide parking spaces is approved as an expansion of a legal, nonconforming use. 5. Prior to receiving any building permits related to this project, the Community Design Review Board must approve all design plans. Resolution 18-02-1540 WHEREAS, the City of Maplewood Parks and Recreation Department has applied for a conditional use permit to build a community building at 1725 Prosperity Road North. WHEREAS, conditional use permits are required for any public service or public building use. WHEREAS, this permit applies to the 34.32 acre site at 1725 Prosperity Avenue North. The property identification number is: 15-29-22-43-0022 Packet Page Number 33 of 164 G2, Attachment 4 WHEREAS, the history of this conditional use permit is as follows: On February 20, 2018, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit. 2. On February 26, 2018, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 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: All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. Packet Page Number 34 of 164 G2, Attachment 4 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The use of nine foot wide parking spaces is approved as an expansion of a legal, nonconforming use. 5. Prior to receiving any building permits related to this project, the Community Design Review Board must approve all design plans. Seconded by Councilmember Juenemann Ayes — All The motion passed Councilmember Juenemann moved to approve the resolution for the Wakefield Park Improvements, City Project PR 17-01, Approving Plans and Advertising for Bids. Resolution 18-02-1541 Approving Plans Advertising for Bids WHEREAS, the City Council on February 27, 2017 authorized City staff to proceed with the Wakefield Park Improvements, City Project PR 17-01, WHEREAS, City staff has contracted with Kimley-Horn and Associates, Inc. to prepare plans and specifications and who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the Parks and Recreation Director. 2. The City Clerk or office of the Parks and Recreation Director shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m. on the 21st day of March, 2018, at City Hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and the Parks and Recreation Director are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council meeting of March 26, 2018. Seconded by Councilmember Xiong Ayes — All The motion passed Packet Page Number 35 of 164 G2, Attachment 5 7. Conditional Use Permit Review, Wakefield Park Community Building, 1860 Hazelwood Street Councilmember Juenemann moved to approve the conditional use permit review for the Wakefield Park Community Building at 1860 Hazelwood Street and review the project again in one vear. Seconded by Councilmember Smith Ayes — All The motion passed. April 22, 2019 City Council Meeting Minutes Packet Page Number 36 of 164 G3 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Mychal Fowlds, IT Director PRESENTER: Mychal Fowlds, IT Director AGENDA ITEM: Dark Fiber Lease Agreement with Comcast Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The City of Maplewood utilizes fiber optics to connect all remote sites back to our data centers. The approval of this agreement with Comcast will provide connectivity to Fire Station 3. Recommended Action: Motion to approve the agreement with Comcast for dark fiber use. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $413 per month. Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. As stated above, fiber optics is the preferred infrastructure for all remote sites to communicate back to City Hall. Fiber optics are scalable which means they are future proof and can essentially accommodate any data needs the City may need for the future. Background Staff has built our systems around the connectivity and capacity that is provided via fiber optic infrastructure and wherever possible look to connect remote site back to city hall via fiber optics. The security systems, video surveillance systems and phones all operate over the network and with the bandwidth provided by fiber optics the sky is the limit as to what the City can utilize them for. Fiber optics at remote sites allow anyone working at those sites the same abilities as if they were located at the main campus. With fiber optic connectivity we have the most reliable, scalable solution available. The fiber approved with this agreement will connect Fire Station 3 back to City Hall. The use of this segment of fiber was covered under our previous cable franchise agreement with Comcast. The new franchise agreement does not include use of these fiber optics so a new agreement is required for use. Attachments 1. Comcast dark fiber lease agreement Packet Page Number 37 of 164 G3, Attachment 1 Comcast Business Communications, LLC Dark Fiber Lease Agreement This Dark Fiber Lease Agreement ("Agreement") is made on the 7t1i day of February, 2020 ("Effective Date") by and between Comcast Business Communications, LLC ("Company or Comcast") with offices located at 1701 JFK Blvd., Philadelphia, PA 19103 and City of Maplewood ("Customer"), with offices located at 1830 County Road B East Maplewood MN 55109. Herein, the above shall be collectively referred to as the "Parties" and individually as "Party" Description of Facilities ("Facilities") to be provided by Company to Customer: Dark fiber strands as set forth in Schedule A attached hereto. Term of Agreement (months): Six (60) Agreement Number: MN -10649209 -sur u Non -Recurring Charges ("NRC"): $0.00 Monthly Recurring Charges ("MRC"): $413.00 Any Additional Charges/Explanation: Title: Number of Sites: Two (2) Facility Availability Date: Upon mutual execution of this Agreement Notes / Comments: Sales Person: Steven Urquhart Telephone Number: (651) 493-5139 General Manager: Chris Preko a Telephone Number: (720) 357-3264 Customer Contact: M chal Fowlds Telephone Number: (651) 249-2923 This Agreement sets forth the terms and conditions under which Comcast will provide the Facilities identified above to Customer. This Agreement consists of this document ("Cover Page"), the standard General Terms and Conditions attached hereto ("General Terms and Conditions"), and Schedule A, and any jointly executed amendments ("Amendments"), collectively referred to as the "Agreement." In the event of any inconsistency among these documents, precedence will be as follows: (1) Amendments, (2) General Terms and Conditions, (3) this Cover Page, and (4) Schedules. This Agreement shall commence and become a legally binding agreement upon mutual execution of this Cover Page by the Parties. The Agreement shall terminate as set forth in the General Terms and Conditions. All capitalized terms not defined on this Cover Page shall have the definitions given to them in the General Terms and Conditions. All modifications to the Agreement, if any, must be captured in a written Amendment, executed by an authorized Comcast Vice President and the Customer. All other attempts to modify the Agreement shall be void and non- binding on Comcast. By signing below, the Parties agree and accept the terms and conditions of this Agreement. City of Maplewood Comcast Business Communications, LLC Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: Page 1 of 6 CONFIDENTIAL and PROPRIETARY rev. 10.10.17 Packet Page Number 38 of 164 GENERAL TERMS AND CONDITIONS SECTION 1 - SCOPE 1.1 Company will lease to Customer the strands of Company's multi -strand single mode fiber-optic cable (the "Facilities," which may be referenced herein as the "Services," but no service other than the provision and maintenance of these Facilities is provided under this agreement), which strands shall originate at the points and terminate to the Customer `Buildings" and at the prices as set forth in the attached Schedule A attached hereto. These strands and all related facilities and equipment are hereinafter referred to as the "Facilities." Customer agrees that it will light and immediately use all strands for its broadband needs. The Facilities are provisioned into each Building at the point of interconnection between the Comcast -owned Facilities and Customer's provided equipment located at Customer's Building ("Demarcation Poinf'). 1.2 The Facilities do not include connection to the public switched network, building wire, any Local Area Networks ("LANs"), Customer Premise Equipment ("CPE"), IP addressing capability, firewalls or any other equipment, electronics, or wiring required on the Customer's side of the Demarcation Point. 1.3 Upon the request of Customer, Company will consider providing other facilities or services to Customer at terms, conditions, and prices to be mutually agreed upon in writing between the Parties. SECTION 2 - INSTALLATION 2.1 Customer, at no cost to Company, shall secure throughout the Term any easements, leases or other agreements necessary to allow Company to use existing pathways into and in each Building to the Demarcation Point. 2.2 Subject to the terms of this Agreement, and at no cost to Company, Customer shall provide adequate environmentally controlled space and electricity required for installation, operation, and maintenance of the Facilities within each Building. 2.3 Company and its employees, agents, lessees, officers and its authorized vendors will require free ingress and egress into and out of the Buildings in connection with the provision of the Facilities. Upon reasonable notice from Company, Customer shall assist Company in accessing each Building. 2.4 If the presence of asbestos or other hazardous materials exists or is detected, Customer must have such hazardous materials removed immediately at Customer's expense or notify Company to install the applicable portion of the Facilities in areas of any such Building not containing such hazardous material. Any additional expense incurred as a result of encountering hazardous materials, including but not limited to, any additional equipment shall be borne by Customer. 2.5 Company shall have no obligation to install, operate, or maintain Customer -provided facilities or equipment. 2.6 Customer shall be responsible for providing maintenance, repair, operation and replacement of all wire, cable facilities on the Customer's side of the Demarcation Point. Any CPE and wiring that Customer uses in connection with the Facilities shall be compatible with Comcast's other facilities, equipment, and services provided to itself or any other party (the "Network"). 2.7 Customer shall use reasonable efforts to maintain its property and Buildings in a manner that preserves the integrity of the Facilities and shall promptly notify Company of any event that affects such integrity including but not limited to damage to the Facilities or Network. rev. 10.10.17 G3, Attachment 1 2.8 At such time as Company completes installation and connection of the Facilities and equipment, Company shall then notify Customer in writing that the Facilities are available for use and the date of such notice shall be the "Service Date." The current notice form is called the "Customer Site Service Acceptance Document" ("Acceptance Form"). Company may update, modify or replace the service notification form from time to time without notice to Customer. 2.9 Any other failure or refusal on the part of Customer to be ready to receive the Facilities shall not relieve Customer of its obligation to pay charges for any Facilities that would otherwise be available for use. 2.10 Customer -Provided Equipment (CPE). Company shall have no obligation to install, operate, or maintain CPE. Customer alone shall be responsible for providing maintenance, repair, operation and replacement of all inside telephone wiring and equipment and facilities on the Customer's side of the Demarcation Point. All CPE and wiring that Customer uses in connection with the Facilities must be fully compatible with the Facilities. Customer shall be responsible for the payment of all charges for troubleshooting, maintenance or repairs attempted or performed by Company's employees or authorized contractors when the difficulty or trouble report results from CPE. SECTION 3 - OWNERSIHP, IMPAIRMENT, AND REMOVAL OF THE FACILITIES 3.1 The Facilities and all other portions of the Network are and shall remain the property of Company regardless of whether installed between, within or upon the Buildings and whether installed overhead, above, or underground and shall not be considered a fixture or an addition to the land or the Buildings located thereon. Customer agrees that it shall take no action that directly or indirectly impairs Company's title to the Facilities or Network, or exposes Company or the Facilities, Network, or any Company -provided equipment, or on the rights or title relating thereto, or any interest therein, to any claim, lien, encumbrance, or legal process, except as otherwise agreed in writing by the Parties, and Company will promptly at its own expense take all actions necessary to remedy any violation of this provision. 3.2 Company retains the right to remove the Facilities or Network including, but not limited to, those portions that are located in the Buildings. To the extent Company removes such portion of the Network; it shall be responsible for returning the Buildings to their prior condition, reasonable wear and tear excepted. 3.3 In accordance with the Federal Communications Commission's Order in FCC 99-216, released August 11, 1999, the Parties agree to the terms set forth in this section. All equipment located on Customer's premises installed or provided under this Agreement by Company is an integral component of the Facilities provided by Company and will only be used in connection therewith. All right, title, and interest in the Facilities and any other equipment or facility provided by Company shall, at all times, remain exclusively with the Company, shall not become a fixture to Customer's premises, and must be returned to Company at the conclusion of the Term (unless a new similar agreement has been executed or is being actively negotiated by both parties) in the condition in which it was received, subject to ordinary wear and tear. All rights of Customer to the Facilities shall cease and Company may, at its option, disconnect, terminate, remove or use the Facilities for any other purpose. Company may use such equipment and it's Network in any lawful manner, including supporting its network or providing service to other customers and Customer will not sell, lease, assign nor encumber any equipment provided by Company. Company does not provide any option to Customer to purchase any Page 2 of 6 CONFIDENTIAL and PROPRIETARY Packet Page Number 39 of 164 such equipment. Customer agrees not to interfere with other customers' use of the Company services or equipment, including any Company equipment located on Customer's premises. Customer represents and warrants that its internal communications systems, such as a Local Area Network ("LAN"), would continue to function if disconnected from the Company Network or disconnected from any on -premise equipment provided by Company. SECTION 4 - COMPENSATION; PAYMENT 4.1 The Non -Recurring Charges ("Non -Recurring Charges" or "NRC") and Monthly Recurring Charges ("Monthly Recurring Charges" or "MRC") for the Facilities are set forth in the attached Schedule A and on the first page of the Agreement. Upon the availability of Facilities, Company shall invoice Customer for the NRC and Customer shall pay Company one hundred percent (100%) of the NRC. Unless otherwise stated in this Agreement, Company will invoice Customer in advance on a monthly basis for all Monthly Recurring Charges arising under the Agreement. Payment will be considered timely made to Company if received within thirty (30) days after the invoice date set forth in the invoice. Any charges not paid to Company within such period will be considered past due. In the event the Facilities Availability Date is not the first day of the billing period, the first Recurring Charge shall also include the prorated in arrears charges for Services from date of installation to the date of first billing. 4.2 Any payment not made when due will be subject to a late charge of 1.5% per month or the highest rate allowed by law on the unpaid invoice, whichever is lower. 4.3 Except for taxes based on Company's net income, and except to the extent Customer provides a valid tax exemption certificate acceptable to Comcast prior to the Facility Availability Date, Customer shall be responsible for the payment of any and all applicable local, state, and federal taxes (however designated) levied upon the sale, installation, use or provision of the Facilities, including all applicable right-of-way, franchise, pole attachment, pole rental and/or other permitting, rental or joint use fees in proportion to its activities hereunder. Further, Company reserves the right to invoice Customer for the costs of any fees or payment obligations stemming from an order, rule, or regulation of the FCC, a public service commission or a court of competent jurisdiction with respect to the Facilities, including, without limitation, charges to recover amounts that Company is permitted by government or quasi -governmental authorities to collect from or to pay to others in support of statutory or regulatory programs, including, without limitation, franchise fees and right-of-way fees. It will be the responsibility of Customer to pay any such taxes and fees that subsequently become applicable retroactively. 4.4 In the event that any newly adopted law, rule, regulation, or judgment increases Company's costs of providing the Facilities, Customer shall pay Company's additional costs of providing the Facilities under the new law, rule, regulation or judgment. SECTION 5 - TERM Unless sooner terminated as provided herein, the term of this Agreement shall be for Sixty (60) months from the Facility Availability Date ("Term"). Upon the expiration of the Term, this Agreement shall automatically renew for successive periods of one (1) year each ("Renewal Term(s)"), unless prior notice of non- renewal is delivered by either Party to the other at least thirty (30) days before the expiration of the Term or the then current Renewal Term. Effective at any time after the end of the initial Term and from time to time therein, Company may modify the charges for the Facilities to reflect then -current prevailing pricing subject to thirty rev. 10.10.17 Packet Page Number 40 of 164 G3, Attachment 1 (30) days prior notice to Customer. Customer will have thirty (30) days from receipt of such notice to cancel the applicable lease of Facilities without further liability. Should Customer fail to cancel within this timeframe, Customer will be deemed to have accepted the modified pricing for the remainder of the Renewal Term. SECTION 6 - TERMINATION WITHOUT FAULT; DEFAULT 6.1 Notwithstanding any other term or provision in this Agreement, Customer shall have the right, in its sole discretion, to terminate this Agreement at any time during the Term, or any Renewal Term, upon (i) sixty (60) days prior written notice to Company and (ii) the payment of 100% of the remaining Monthly Recurring Charges payable to Company within ten (10) days following termination of the Agreement ("Termination Charges"). 6.2 (a) Company may, in its sole discretion, immediately terminate this Agreement in the event that it is unable to provide access to the Facilities due to any law, rule, regulation, Force Majeure event, or judgment of any court or government agency. If Company terminates the agreement under this subsection 6.2(a), Customer shall have no obligation to pay any remaining Monthly Recurring Charges as a result of Termination by the Company, with the exception of payments due for Facilities actually provided. (b) Any breach of Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate immediately any or all Service, without liability on the part of Company, and then to notify Customer of the action that Company has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement. In the event Company terminates service under this subsection 6.2(b), Customer shall be responsible for the payment of all past due amounts and Termination Charges in addition to any other remedies as identified in section 6.4. 6.3 In the event of default, either Party may terminate this Agreement. A "default' exists under this Agreement upon the following events: (i) either Party's failure to meet or perform any material term, provision, covenant, agreement, or obligation contained in this Agreement; provided that the non -defaulting Party so advises the defaulting Party in writing of the event of default and the defaulting Party does not remedy the default within thirty (30) days after written notice thereof, or (ii) Either Party's insolvency or initiation of bankruptcy or receivership proceedings by or against the Party. (iii) Customer is in breach of a payment obligation and fails to make payment in full within ten (10) days after receipt of written notice of default. 6.4 The non -defaulting Party shall be entitled to all available legal and equitable remedies for such breach. 6.5 In addition to the remedies set forth in Section 6.4 above; Company shall be entitled to Termination Charges for any Customer Default. SECTION 7 — MAINTENANCE 7.1 Maintenance consists of the repair or replacement, at Company's option, of any portion of the Facilities that is malfunctioning. Company will maintain the Facilities twenty-four (24) hours a day, seven (7) days per week, every day of the year. Company is responsible for the maintenance of such equipment, although Customer agrees to pay Company for the maintenance and repair costs at Company's then -existing applicable rates for materials Page 3 of 6 CONFIDENTIAL and PROPRIETARY (including, among other things, fiber and fiber splices) and labor (including any applicable overtime), and the pro -rata portions of all fees and charges incurred by Company in connection with providing the Facilities. All maintenance and repair of the Facilities shall be performed by or under the direction of Company. Customer may not, nor permit others to, rearrange, disconnect, remove, attempt to repair or otherwise tamper with any of the Facilities or equipment installed by Company, except with the written consent of Company, which consent shall be at Company's sole discretion. 7.2 In the event that Company, in responding to a Customer - initiated service call, determines that the reason for such service call is due to Customer -provided equipment or Customer's actions or omissions, acts or omissions of third parties with whom Customer has any type of relationship, Customer shall compensate Company for Company's costs of such service call at the rate of $50.00 per half hour and $150.00 per truck roll charge. SECTION 8 - LIMITATIONS ON WARRANTIES AND LIABILITY 8.1 COMPANY AND ITS AFFILIATES WILL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, COVER, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY COST OF SUBSTITUTE PRODUCT(S), FACILITIES, OR SERVICES„ LOSS OF REVENUE, LOSS OF USE, LOSS OF BUSINESS, OR LOSS OF PROFIT WHETHER SUCH ALLEGED LIABILITY ARISES IN CONTRACT OR TORT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, COMPANY'S AGGREGATE LIABILITY TO CUSTOMER FOR ANY DAMAGES OF ANY HIND UNDER THIS AGREEMENT WILL NOT EXCEED, IN AMOUNT, A SUM EQUIVALENT TO THE APPLICABLE OUT -OF -SERVICE CREDIT. 8.2 THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 8.3 Company's liability for mistakes, errors, omissions, interruptions, delays, outages, or defects in any Facility or Service (individually or collectively, "Liability") shall be limited solely to 1/30' of the Monthly Recurring Charge for the affected portion of the Service, for one or more Liabilities of at least two (2) hours in duration in any 24-hour period that is not coincident with any other Liability, ("Credit'), provided that the Liability is reported by Customer during the duration of the Liability. Notwithstanding the foregoing, Company shall not be liable for such Credits if the event is caused in part by force majeure events or Customer's (or Customer's equipment's) actions or omissions. 8.4 Company shall not be liable for any act or omission of any other company or companies furnishing a portion of the Facilities including, but not limited to, the inability of a supplier to provide equipment in a timely manner for Network, or for damages associated with services, facilities, or equipment which it does not furnish, including, but not limited to, damages which result from the operation of Customer's system, equipment or facilities. In no event shall Company, its affiliates, its/their employees agents, contractors, merchants, or licensors be liable for any loss, damage or claim arising out of or related to: (1) stored, transmitted, or recorded data, files, or software. (i.e., Customer is advised to back up all data, files and software prior to the installation of service and at regular intervals thereafter); (2) interoperability, interaction or interconnection of the rev. 10.10.17 G3, Attachment 1 Service provided under this Agreement with applications, equipment, services or networks provided by Customer or third parties. 8.5 Neither Customer nor its agents or independent contractors shall offer third parties warranties or representations for the Service which would obligate or otherwise bind Company beyond any warranty or representation expressly set forth in this Agreement. SECTION 9 — INDEMNIFICATION 9.1 Subject to Section 8, each Party ("Indemnifying Party") will indemnify and hold harmless the other Party ("Indemnified Party"), its affiliates, officers, directors, employees, stockholders, partners, independent contractors and agents from and against any and all joint or several costs, damages, losses, liabilities, expenses, judgments, fines, settlements and any other amount of any nature, including reasonable fees and disbursements of attorneys, accountants, and experts (collectively, "Damages"), arising from any and all claims, demands, actions, suits, or proceedings whether civil, criminal, administrative, or investigative (collectively, "Claims") relating to: (i) Any Claim of any third party resulting from the gross negligence or willful act or omission of Indemnifying Party arising out of or related to this Agreement, the obligations hereunder, and uses of Services; and (ii) Any violation of this Agreement by the Indemnifying Party or any violation of any law, rule, regulation, or order of any governmental authority having jurisdiction over any aspect hereof, or in violation of any patent, right, license, agreement, or certificate relating to the subject matter hereof. 9.2 The Indemnifying Party agrees to defend the Indemnified Party for any loss, injury, liability, claim or demand ("Actions") that is the subject of this Section 9. The Indemnified Party agrees to notify the Indemnifying Party promptly, in writing, of any Actions, threatened or actual, and to cooperate in every reasonable way to facilitate the defense or settlement of such Actions. The Indemnifying Party shall assume the defense of any Action with counsel reasonably satisfactory to the Indemnified Party. The Indemnified Party may employ its own counsel in any such case, and shall pay such counsel's fees and expenses. The Indemnifying Party shall have the right to settle any claim for which indemnification is available; provided, however, that to the extent that such settlement requires the Indemnified Party to take or refrain from taking any action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle such claim without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld, conditioned or delayed. SECTION 9A - USE POLICIES 9A.1 Customer agrees to ensure that all uses of the Facilities by Customer or by any other person ("user"), whether authorized by Customer or not, are legal, appropriate and compliant with all applicable rules, regulations, and orders of any governmental authority having jurisdiction over the Facilities, and this Agreement. Customer shall not use, or permit any other entity or person to use, the Facilities to provide internet access service, cable television service, telecommunications, or any other services to any third party, or any services to or from locations other than the locations set forth in Schedule A. Company reserves the right to act immediately and without notice to terminate or suspend all rights to use the Facilities if Company (i) determines that such use or information does not conform to the requirements set forth in this Agreement, or (ii) determines that such use or information interferes with Company's ability to provide the Services to Customer or others. Company's Page 4 of 6 CONFIDENTIAL and PROPRIETARY Packet Page Number 41 of 164 action or inaction in enforcing the requirements of this Section shall not constitute review or approval of Customer's or any other users' use or information. 9A.2 Violation. Any breach of this Article 9A shall be deemed a material breach of this Agreement. In the event of such material breach, Company shall have the right to restrict, suspend, or terminate immediately any or all rights to access to the Facilities, without liability on the part of Company, and then to notify Customer of the action that Company has taken and the reason for such action, in addition to any and all other rights and remedies under this Agreement. SECTION 10 - INSURANCE 10.1 Customer shall, at its own expense, secure and maintain in force, throughout the term of this Agreement, General Liability Insurance, with competent and qualified issuing insurance companies, including the following coverages: Product Liability; Hazard of Premises/Operations (including explosion, collapse and underground coverages); Independent Contractors; Products and Completed Operations; Blanket Contractual Liability (covering the liability assumed in this Agreement); Personal Injury (including death); and Broad Form Property Damage in policy or policies of insurance such that the total available limits to all insureds will not be less than $2,000,000 Combined Single Limit for each occurrence and $2,000,000 aggregated for each annual period. Such insurance may be provided in policy or policies, primary and excess, including the so-called Umbrella or Catastrophe forms and each such policy shall be endorsed to show Company, its parent and affiliates and its and their directors, officers, agents, servants, employees and independent contractors as additional insureds. In addition, Customer shall maintain in effect, with insurance companies of recognized responsibility, at its own expense, (i) "All Risk" property insurance coverage with limits sufficient to cover the full replacement cost of the Facilities with no co-insurance, (ii) Business Interruption coverage on an actual loss sustained basis, and (iii) such other insurance as may be required by any applicable franchise and/or pole attachment or conduit license agreements, as applicable and naming Company as the loss payee. All policies required by this Section shall require the insurance companies to notify Company at least thirty (30) days prior to the effective date of any cancellation or material modification of such policies. SECTION 11 - ASSIGNMENT 11.1 Neither Party shall assign any right, obligation or duty, in whole or in part, nor of any other interest hereunder, without the prior written consent of the other Party, which shall not be unreasonably withheld. The foregoing notwithstanding, Company may assign this Agreement to any affiliate, related entity, or successor in interest without Customer's consent. In addition, Company may partially assign its rights and obligations hereunder to any party which acquires from Company all or substantially all of the assets of cable franchise(s) in which the Service is deployed to Customer. 11.2 All obligations and duties of either Party under this Agreement shall be binding on all successors in interest and assigns of such Party. SECTION 12 - FORCE MAJEURE Neither Party shall be held liable for any delay or failure in performance of any part of this Agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, act of terrorism, government regulations, condemnation of any part of the Network used to provide the Facilities or Services, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, rev. 10.10.17 Packet Page Number 42 of 164 G3, Attachment 1 floods, power blackouts, unusually severe weather conditions, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation common carriers. SECTION 13 - SEVERABILITY In the event that any one or more of the provisions in this Agreement shall for any reason be held invalid, unenforceable, or void in any respect under the laws of the jurisdiction governing the entire Agreement, such provision(s) shall be construed so as to render it enforceable and effective to the maximum extent possible in order to effectuate the intention of this Agreement; and the validity, legality, and enforceability of the remaining provisions hereof shall not be affected or impaired. SECTION 14 - THIRD -PARTY BENEFICIARIES No provision in this Agreement is intended, nor shall any be interpreted, to provide any person not a Party to this Agreement with any remedy, claim, liability, reimbursement, cause of action or create any other third party beneficiary rights against Company. SECTION 15 - INDEPENDENT CONTRACTORS 15.1 The Parties to this Agreement are independent contractors. Neither Party is an agent, representative, or partner of the other Party. Neither Party shall have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture, or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. 15.2 The requirements of this Article shall survive the expiration, termination, or cancellation of this Agreement to the greatest extent permitted by law. SECTION 16 - NONDISCLOSURE 16.1 Unless prior written consent is obtained from a Party hereto, the other Party will keep in strictest confidence all information identified by the first Party as confidential, or which, from the circumstances, in good faith and in good conscience, should be treated as confidential; provided that (a) the owner thereof has taken reasonable measures to keep such information secret; and (b) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by the public. Such information includes but is not limited to all forms and types of financial, business, scientific, technical, economic, or engineering information, including patterns, plans, compilations, program devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, or codes, whether tangible or intangible, and whether or not stored, compiled, or memorialized physically, electronically, graphically, photographically, or in writing. A Party shall be excused from these nondisclosure provisions if the information has been, or is subsequently, made public by the disclosing Party, is independently developed by the other Party, if the disclosing Party gives its express, prior written consent to the public disclosure of the information, or if the disclosure is required by any law or governmental or quasi - governmental rule or regulation. 16.2 Customer shall not disclose to third parties the rates, terms, or conditions of this Agreement or any proprietary or confidential information of the Company, except as necessary for the operation of Customer's business and under non -disclosure agreement between Customer and third parties. Page 5 of 6 CONFIDENTIAL and PROPRIETARY SECTION 16A - CUSTOMER PRIVACY POLICIES 16A.1 In addition to the provisions of Article 16, the privacy policy below applies to Company's handling of Customer confidential information. In the event of a conflict between the provisions of Article 16 and any provision of the privacy policy below, the applicable provision of the privacy policy shall prevail in the resolution of the conflict. A copy of Company's privacy policy is available at http://www.comcast.com/customgnLnvacy . Company may update this policy from time to time, and such updates shall be deemed effective upon posting. 16A.2 Privacy Note Regarding Information Provided to Third Parties: Company is not responsible for any information provided by Customer to third parties, and this information is not subject to the privacy provisions of this Agreement or the privacy policies. Customer assumes all privacy and other risks associated with providing personally identifiable information to third parties via the Services. SECTION 17 —NOTICES 17.1 Any notices or other communications contemplated or required under this Agreement, in order to be valid, shall be in writing and shall be given via personal delivery, or overnight courier, or via U.S. Certified Mail, Return Receipt Requested, at the following addresses: To Customer: Attn: Mychal Fowlds 1830 County Road B East Maplewood, MN 55109 (651) 249-2923 To Company: Attn.: VP — Business Services Comcast Cable Communications Management, LLC 1701 JFK Blvd / One Comcast Center Philadelphia, PA 19103 With a copy to: Attn.: Cable Law Department - Operations Comcast Cable Communications, LLC. 1701 JFK Blvd / One Comcast Center Philadelphia, PA 19103 SECTION 18 - HEADINGS AND TITLES The headings or titles of any provisions of this Agreement are for convenience or reference only and are not to be considered in construing this Agreement. SECTION 19 — CHOICE OF LAW The domestic law of the state in which the Services are provided shall govern the construction, interpretation, and performance of this Agreement, except to the extent superseded by federal law. SECTION 20 - COMPLIANCE WITH LAWS Each of the Parties agrees to comply with all applicable local, state and federal laws and regulations and ordinances in the performance of its respective obligations under this Agreement. SECTION 21 - AMENDMENTS; NO WAIVER 21.1 This Agreement may be amended only by written agreement signed by authorized representatives of both Parties. 21.2 No waiver of any provisions of this Agreement or to any default under this Agreement shall be effective unless the same shall rev. 10.10.17 G3, Attachment 1 be in writing and signed by or on behalf of the Party against whom such waiver is claimed. 21.3 No course of dealing or failure of any Party to strictly enforce any term, right, or condition of this Agreement shall be construed as a waiver of such term, right or condition. 21.4 Waiver by either Party of any default by the other Party shall not be deemed a waiver of any other default. SECTION 22 - SURVIVAL Provisions contained in this Agreement that by their sense and context are intended to survive the performance, termination or cancellation of this Agreement hereof by any Party hereto shall so survive. SECTION 23 - FULLY INTEGRATED This writing constitutes the entire agreement between the Parties as to the subject matter hereof and supersedes and merges all prior oral or written agreements, representations, statements, negotiations, understandings, proposals, and undertakings with respect to the Agreement. SECTION 24 -INTERPRETATION OF AGREEMENT This Agreement is a negotiated document. In the event that this Agreement requires interpretation, such interpretation shall not use any rule of construction that a document is to be construed more strictly against the Party who prepared the document. SECTION 25 - RIGHT TO ENTER INTO CONTRACTS Nothing herein shall be construed as preventing either Party hereto from entering into similar contractual arrangements with other parties, unless such contracts would conflict with the performance of this Agreement. SECTION 26 - REMEDIES CUMULATIVE All rights of termination, or other remedies set forth in this Agreement are cumulative and are not intended to be exclusive of other remedies to which the injured Party may be entitled at law or equity in case of any breach or threatened breach by the other Party of any provision of this Agreement. Use of one or more remedies shall not bar use of any other remedy for the purpose of enforcing any provision of this Agreement; provided, however, that Party shall not be entitled to retain the benefit of inconsistent remedies. SECTION 27 - COUNTERPARTS This Agreement may be executed simultaneously in two or more counterparts, each counterpart shall be deemed an original, and all counterparts individually or together shall constitute one and the same instrument. 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O Q W a z o LL o f UZ �- o a OD �U U CO Packet Page Number 46 of 164 G4 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist PRESENTER: Andrea Sindt, City Clerk AGENDA ITEM: Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: A request for a Local Lawful Gambling permit has been submitted by the Knights of Columbus #4374. Approval of the request would allow lawful gambling activity to be conducted during the organization's KC Bingo held at the Presentation of the Blessed Virgin Mary School, 1695 Kennard Street, on March 21, 2020. Recommended Action: Motion to approve the Local Lawful Gambling permit for the Knights of Columbus #4374 for their event on March 21, 2020. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Targeted Redevelopment ❑ Infrastructure & Asset Mgmt. Council approval is required prior to issuance of a local gambling permit, per City Code Sec. 22-12. Background Lawful gambling activity conducted at this event is exempt from state licensure under MN §349.166. MN §349.213 authorizes cities to require a local permit for conduct of lawful gambling exempt from state licensing requirements. Attachments None Packet Page Number 47 of 164 G5 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist PRESENTER: Andrea Sindt, City Clerk AGENDA ITEM: Off -Sale Intoxicating Liquor License for Van Cambo Inc d/b/a Big Discount Liquors, 2520 White Bear Avenue North Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: In accordance with City Code Chapter 6 (Alcoholic Beverages), an application for an Off -Sale Intoxicating Liquor license was submitted by Vannoeun Grave to be used at Big Discount, located at 2520 White Bear Avenue North. Recommended Action: Motion to approve the Off -Sale Intoxicating Liquor license for Van Cambo Inc d/b/a Big Discount Liquors located at 2520 White Bear Avenue North. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. Council approval is required prior to issuance of an Off -Sale Intoxicating Liquor license, per City Code Sec. 6-165. Background For the purposes of the license application a background investigation was conducted Ms. Grave; nothing was found that would prohibit the issuance of this license. Packet Page Number 48 of 164 G5 Police Chief Nadeau also will be meeting with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to the service of alcohol. In addition to Council approval, issuance of the license is contingent upon completion of all building, and fire inspections. Attachments None Packet Page Number 49 of 164 G6 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER: Steven Love AGENDA ITEM: Authorize Bituminous Material Purchases for 2020 Season Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: City Council will consider authorizing the purchase of bituminous materials for the 2020 maintenance season. Recommended Action: Motion to authorize the Street Superintendent to purchase bituminous materials in an amount up to $80,000 for the 2020 street maintenance season. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $80,000.00 Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. Maplewood's streets are a vital part of the City's infrastructure and the condition of these streets have a direct impact on the quality of life for residents and businesses. City staff utilize the bituminous materials for pothole repairs of City streets. Background An allocation is made in the Public Works operating budget each year for the purchase of bituminous materials in order to maintain roads through patching, paving, shouldering, and bituminous curb repairs. It is anticipated that the cost for the bituminous purchases will be $80,000 for the 2020 maintenance season. Packet Page Number 50 of 164 G6 The proposed supplier of bituminous materials is T.A.Schifsky and Sons due to their nearby location in North St. Paul and the lower pricing compared to other bituminous suppliers. The second closest plant is owned by the City of St. Paul, requiring an approximately 60 minute round trip drive. By adding the extra travel time per load, the City's bituminous maintenance operations would become much less efficient. Attachments None Packet Page Number 51 of 164 G7 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman REPORT FROM: Steven Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent PRESENTER: Steven Love AGENDA ITEM: Authorize Ramsey County Public Works to Perform 2020 Street Striping Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: City Council will consider authorizing Ramsey County Public Works to perform pavement striping for the City of Maplewood. Recommended Action: Motion to authorize Ramsey County Public Works to perform City pavement striping needs, in an amount estimated at $28,000. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $28,000.00 Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness ❑ Community Inclusiveness ✓ Infrastructure & Asset Mgmt. Pavement striping of City maintained streets is essential to the safety of vehicular and pedestrian traffic. Background An allocation is made in the Public Works operating budget each year for the purchase of street striping services. It is anticipated that the cost for striping services will be $28,000 in 2020. Maplewood has received Ramsey County's annual notification for 2020 street striping request. Each year, after receiving the county's notification, staff evaluates existing striping conditions, any upcoming projects, and all planned maintenance operations. Typically, 50% of the striping throughout the City is repainted by the County each year. Staff recommends to do the same for 2020. Affnr hman4c None Packet Page Number 52 of 164 G8 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Sheeran, Communications PRESENTER: Joe Sheeran, Communications Manager AGENDA ITEM: Resolution Accepting Donations for the Nature Explorers Program Action Requested: V Motion ❑ Discussion ❑ Public Hearing Form of Action: ✓ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The Nature Center is holding a fundraiser to help offset the cost of field -trip programs, which supports outdoor learning and natural resource protection for more than 3,000 students annually. For the period from January 17, 2020 — February 27, 2020 the drive raised $550 in donations. Recommended Action: Motion to approve the resolution accepting donations in the amount of $550.00 from various donors, named in the resolution. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $550.00 Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: Donation Strategic Plan Relevance: Financial Sustainability ❑ Integrated Communication ❑ Targeted Redevelopment ❑ Operational Effectiveness V Community Inclusiveness ❑ Infrastructure & Asset Mgmt. This donation supports Nature Center operations. Background NA 1. Resolution Accepting Donation Packet Page Number 53 of 164 G8, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Nature Center have received donations totaling $550.00 for the Nature Center Explorers fund from: Alitz, Robert $100 Beardsley, James $100 Henseler, David $50 Jacobson, Kathy $25 Jensen, Robert $100 Johnson, Camille $25 Paulseth, Ellen $50 Quarderer, Linda $100 NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. Adopted this 9th day of March, 2020. Marylee Abrams, Mayor ATTEST: Andrea Sindt, City Clerk Packet Page Number 54 of 164 H1 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Menard Inc., 2280 Maplewood Drive a. Public Hearing 7 p.m. b. Comprehensive Plan Amendment Resolution (Requires 4 Council Votes) c. Zoning Map Amendment Ordinance (Requires 4 Council Votes) d. Conditional Use Permit Amendment, Setback Variances and Shoreland Overlay Impervious Surface Variance Resolution e. Design Review and Lot Division Resolution f. Public Utility Easements Vacation Resolution Action Requested: ✓ Motion ❑ Discussion ✓ Public Hearing Form of Action: ✓ Resolution ✓ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: Menard Inc., is seeking to replace its existing store at 2280 Maplewood Drive with a new building and storage yard. In addition, the applicant has secured purchase agreements with six residential properties to the south with the intent to incorporate these properties into the new building site. Recommended Action: a. Hold a public hearing. b. Motion to approve a resolution for a comprehensive plan amendment reguiding the residential properties from Low Density Residential to Mixed -Use — Community. c. Motion to approve an ordinance amending the City's zoning map to rezone the residential properties from R-1, single dwelling to M-1, light manufacturing. d. Motion to approve a resolution for a conditional use permit amendment, setback variances and shoreland overlay impervious surface variance. e. Motion to approve a resolution for the design review plans and a lot division to combine six residential parcels with the commercial parcel located at 2280 Maplewood Drive. f. Motion to approve a resolution vacating public utility easements. Packet Page Number 55 of 164 H1 Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: N/A Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Targeted Redevelopment ❑ Infrastructure & Asset Mgmt. The city deemed the applicant's application complete on January 9, 2020. The initial 60 -day review deadline for a decision was March 9, 2020. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. City staff formally extended the review period on February 27, 2020. The new review deadline for a decision is now May 8, 2020. Background: Menard Inc., is requesting approval to tear down its existing building and build a new 207,170 - square -foot store in its place. As part of this project, Menards is proposing to purchase six residential properties to the south of its existing store, remove the houses, and incorporate the land into its new store site. Menard Inc.'s existing site is located at 2280 Maplewood Drive. The six residential properties are located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East. To move forward with this project, Menard Inc. needs city council approval of the following applications: comprehensive plan amendment, zoning map amendment, conditional use permit amendment, setback and shoreland overlay impervious surface variances, vacation of public utility easements, design review and a lot division to combine the lots. The layout of the site is largely dictated by a pipeline that runs through the site. The new building will be on the east side of the site, angling towards the northwest. The storage yard will then be located to the east and south of the building. Parking for the building will be located west of the building. Comprehensive Plan Amendment Menard Inc.'s existing site is guided for Mixed -Use — Community. The City's 2040 Comprehensive Plan states that "The City intends the mixed use - community classification to be for community and regional serving commercial retail or service businesses, offices, and high-density housing." The six residential properties located on County Road B East are currently guided for Low Density Residential. The applicant is requesting the six residential properties be reguided to Mixed -Use — Community to be consistent with its store site and allow for the redevelopment of the homes as part of a new Menards store. To approve this request, at least four council members must vote in the affirmative. The city's 2040 Comprehensive Plan has established several goals, many which are applicable to this request. Those goals include: Packet Page Number 56 of 164 H1 1. Promote the revitalization of neighborhood retail shopping centers and corridors and surrounding areas as mixed-use nodes that enhance the vitality of particular neighborhoods in Maplewood from the perspectives of economic development and community character. 2. Promote the efficient retention and redevelopment of commercial and industrial areas in the city as high quality and attractive developments and land uses. 3. Encourage attractive commercial and industrial developments. Zoning Map Amendment Menard Inc.'s existing site is zoned M-1, light manufacturing. The six residential properties located on County Road B East are currently zoned single dwelling. The applicant is requesting the six residential properties be rezoned to M-1, light manufacturing to be consistent with its store site and allow for the redevelopment of the homes as part of a new Menards store. To approve this request, at least four council members must vote in the affirmative. Conditional Use Permit Amendment A conditional use permit (CUP) is required for the exterior storage of goods or materials and any building or exterior use within 350 feet of a residential district. Menard Inc. last amended its CUP on January 26, 2009 in order to build a new warehouse. Now, Menard Inc. is requesting approval to amend its CUP to build a new store building, new warehouse and for fencing surrounding its storage yard area. The existing CUP prohibits the use of an exterior public address system, requires snow to be stored away from the south and east shared residential property lines, limits hours of operation in the storage yard, garden center and warehouse to between 7 a.m. and 10 p.m. and requires all lighting in the storage yard and warehouse not needed for site security be turned off after business hours. These requirements will remain in place. In addition, City staff is recommending the CUP be amended to include the following • All site lighting that is to remain on overnight must be dimmed to 50 percent intensity after the store closes. All lights within 100 feet of a residential property line must be shielded. • All fences must be maintained and kept in good order. Menard Inc. will repair any fence issues within 15 business days of receiving notice from the City. • Any fencing within 65 feet of the Maplewood Drive East right-of-way line may not exceed 8 feet in height. • The existing 8 -foot -tall fence between Menard Inc.'s property and the properties at 1071, 1081 and 1101 County Road B East must remain in place. This fence must be extended along the north property line of 1101 County Road B East after the existing warehouse is demolished. Any needed repairs to this existing fence must be completed before the City will issue a certificate of occupancy for the new store. • All existing trees south of the existing 8 -foot -tall fence and the properties at 1071, 1081 and 1101 County Road B must remain in place. Packet Page Number 57 of 164 H1 • The 14 -foot -tall fence between Menard Inc.'s property and east property line of 1101 County Road B East must be setback at least 20 feet from the property line. • All portions of the 14 -foot -tall fence and the new warehouse building shall be setback at least 30 feet from the County Road B East right-of-way line. • All existing trees between the County Road B East right-of-way line and the 30 -foot building and fence setback line must be maintained and are not permitted to be removed. • All portions of the 14 -foot -tall fence between Menard Inc.'s property and the west property lines of 2223 Duluth Street North and 2233 Duluth Street North shall be setback at least 20 feet from the shared property line. • All portions of the 14 -foot -tall fence between Menard Inc.'s property and the south property line of 2255 Duluth Street North shall be setback at least 20 feet from the shared property line. • The warehouse building shall be setback at least 50 feet from all residential property lines to the east and west of Menard Inc.'s property. • The storage of snow is not allowed to block any drive lanes within the site or cover any of the required 420 parking spaces. Snow is also not allowed to be stored between the parking lot and any residential properties to the south of the lot. • Any temporary or seasonal outdoor sales occurring in the parking lot must meet all City ordinance requirements, plus are required to be setback at least 100 feet from any residential property line. The applicant has agreed to meet at the setback requirements that staff has laid out in this section and report. Below is a comparison of the site plan originally submitted and the applicant's revised site plan. S NGN�P _ Y \ ; a�rrr, sw.zreca a Applicant's initial site plan, submitted December 24, 2019 Packet Page Number 58 of 164 Applicant's revised site plan, submitted February 6, 2020 — incorporating staff's recommended setbacks H1 Setback Variance This site has historically been used for retail purposes since its original development in the 1960s. Menards purchased the site and building in 1989 and have completed several building additions since then. Menard Inc.'s proposal to redevelop the site has resulted in six setback variance requests. When determining approval of a variance the City must consider the practical difficulties of developing the site and meeting setback requirements. Based on state statute, to constitute practical difficulties a three -factor test must be satisfied. The first factor is that the property owner proposes to use the property in a reasonable manner. The second factor is that the landowner's problem is due to circumstances unique to the property not caused by the landowner. The third factor is that the variance, if granted, will not alter the essential character of the locality. Menard Inc.'s original application package requested the following setback variances — see site plan below for locations: A. 0 -setback from Maplewood Drive (main building). B. 0 -foot setback from County Road B (comer of warehouse building) C. 30 -foot setback from eastern property line (main building and warehouse building). D. 10 -foot setback for the parking lot along south property line which borders residential. E. 10 -foot setback for the parking lot along west property line which borders residential. F. 5 -foot setback for the parking lot/storage yard along east property line which borders residential. Menard Inc.'s proposal to redevelop the site into a new store is a reasonable request. Staff believes there are unique circumstances affecting this property that are not caused by the landowner which include the parcel shape and the pipeline running through the property. Lastly, staff believes a new building can be built that will not alter the essential character of the locality. This last test is the most important aspect of this request. Removing six homes and expanding the footprint of the store will require mitigating factors to minimize the impact on the remaining neighbors. Staff has reviewed the applicant's original setback variance requests and believes the variance requests meet the standard above wholly in one case — location A — and partially in two of the cases — locations C and F. A. Staff recommends approval of a 0 -setback from Maplewood Drive for the main building. This variance is justified and works to push the entire site plan north, away from existing residential properties. Packet Page Number 59 of 164 H1 C. The new main building is proposed to be setback 33 feet and 11 inches from the east property line. Ordinance would typically require a 100 feet setback for a building on this site. However, this building is being built in an area that is already being used as either the existing building or storage yard. Building the new main building will have minimal change as compared to existing conditions. The applicant is also proposing to build the warehouse with a setback 30 feet from the residential lot line to the east. Ordinance would typically require this warehouse be setback 100 feet. Staff finds that the proposed setback of 30 feet for the warehouse would adversely impact the character of the neighborhood and therefore does not meet the variance standards. Given the unique aspects to this site and project staff feels a 50 -foot setback for the proposed warehouse is reasonable and is consistent with the character of the neighborhood. A 50 -foot setback is the minimal setback ordinance requires for all new commercial buildings. The applicant has agreed to this finding and has submitted a reviewed site plan now showing the warehouse building setback 61 feet and four inches. F. The storage yard area along the applicant's east property line would require a 20 -feet setback when adjacent to residential property. Existing conditions do not meet this requirement. Staff believes a variance is justified in the areas that already are non- compliant. For any new storage yard areas adjacent to 2223 Duluth Street North, 2233 Duluth Street North and 2255 Duluth Street North the applicant shall be required to meet the code requirement of a 20 feet setback between commercial uses or parking lots and residential properties. A 5 -foot parking lot setback in these new storage yard areas will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. The applicant has agreed to this finding and has submitted a reviewed site plan showing the minimum setback requirements for the new areas of the storage yard. Staff believes the three remaining variance requests do not meet the standard outlined in this report. Staff's response to each of these variance requests is detailed below: B. As mentioned in the CUP section of this report, staff is recommending the warehouse building be setback 30 feet from the County Road B East right-of-way line. City ordinance requires commercial buildings be setback at least 30 feet from right-of-way lines. The closest home on the north side of County Road B East is currently approximately 37 feet with other homes set farther back. Increasing this setback of County Road B East will work to maintain the neighborhood's existing character. With a 30 -foot setback, the warehouse building will be setback approximately 150 feet from the homes across the street. A 0 -foot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. The applicant has agreed to this finding and has submitted a reviewed site plan showing the warehouse building setback 30 feet from County Road B East. D. The applicant's request for a 10 -foot parking lot setback to the south property line becomes unneeded after the CUP requirement that the parking spaces near 1101 County Road B East be eliminated from the site plan dated January 9, 2020. Ordinance requires a 20 feet setback between commercial uses or parking lots and residential properties. A 10 -foot parking lot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. The applicant has agreed to this finding and has submitted a reviewed site plan showing the minimum setbacks being met and have eliminated parking along the south property line. Packet Page Number 60 of 164 H1 E. The applicant's request for a 10 -foot setback for the parking lot along west property line becomes unneeded after the CUP requirement that the fence near 1101 County Road B East be setback at least 20 feet. Ordinance requires a 20 feet setback between commercial uses or parking lots and residential properties. A 10 -foot parking lot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. The applicant has agreed to this finding and has submitted a reviewed site plan showing the minimum setbacks being met. Shoreland Overlav Imaervious Surface Variance The applicant is requesting approval of a variance from the city's shoreland overlay impervious surface coverage ordinance. The site is within the shoreland boundary of Keller Lake. The shoreland code requires a maximum coverage of 40 percent. A 60 percent impervious surface can be permitted with approval from the city engineer if the applicant is proposing additional stormwater management practices. The current Menard Inc. property has a 95 percent impervious surface coverage. This redevelopment project will reduce the amount of impervious surface coverage due to a stormwater pond and additional green space being added to the southwest corner of the applicant's existing site. Because of existing conditions, Menard Inc. is not required to seek a variance for impervious surface coverage as long as its existing site is less than 95 percent impervious. Of the residential properties Menard Inc. is proposing to buy, 1115 County Road B East is wholly within the shoreland boundary of Keller Lake; 1127 County Road B East is mostly within the boundary; and a small portion of 1133 County Road B East is within the boundary. This equates to 58,781 square feet within the shoreland boundary. The applicant's initial application had requested a 40 percent variance to allow 100 percent impervious surface within the shoreland boundary of these residential areas. Given the discussions in the CUP and setback variances section of this report and the applicant's revised site plan, the project has increased its proposed setbacks thus allowing additional greenspace to remain within the shoreland boundary — equating to approximately 15,000 square feet or 26 percent of the area within the shoreland boundary. Given the information detailed above and the applicant's original plans, staff has been supportive of a shoreland overlay impervious surface coverage maximum of up to 80 percent — requiring a 20 percent variance above the ordinance's 60 percent impervious surface limit which requires the developer to meet the city engineer's conditions for additional stormwater management practices. Before any permits are issued, the city engineer will be required to approve plans confirming all requirements discussed here are being met. Desian Review Site Plan The layout of the site is largely dictated by a pipeline that runs through the site. The new building will be on the east side of the site, angling towards the northwest. The storage yard will then be located to the east and south of the building. Parking for the building will be located west of the building. Entrance to the storage yard also shifts to the east of the building. After incorporating staff's recommended changes, the applicant's most recent site plan is proposing two access drives to the main parking lot from Maplewood Drive. The site plan also incorporates all ordinance - required landscaped buffers adjacent to residential properties. Packet Page Number 61 of 164 H1 Building Elevations The height of the main building is 30 feet and 1.5 inches. The peak of the main entrance canopy rises approximately another 8 feet. When the community design review board (CDRB) first reviewed this project at its January 21, 2020 meeting it adopted the following motion: The board requested the applicant make substantial architectural improvements to the building, the board prefers the building materials be made of brick and not concrete masonry, show the building variation in all facades, the building should have some articulation to break up the large expanses and long runs of the walls, show more architectural detailing in the base and cornice, board members prefer the green metal panels be improved with a different material, show revised elevations along County Road B and Maplewood Drive. As a response to this motion, the applicant's submitted revised building elevations that now consist of a "mountain red" brick accent wall for the bottom approximately 14 feet of the front, left and rear elevations. Above the brick is an almost three foot "emerald green" metal accent panel that remains on the front elevation but has now also been added to the left and rear elevations. Above the green band remains the tan split face block for another approximate 13 feet. To address the left elevation, which prominently faces Highway 36, the applicant is now proposing brick columns that frame building articulations. There is a discrepancy between the elevations submitted electronically and the hard copies sent in by the applicant. The hard copies show the columns with "sienna" Belgian edgers while the electronic plan shows brick. Staff is making its recommendations based on the plans using the brick material. Also, the proposed placement of the sign helps improve the left elevation. The rear warehouse elevation that faces County Road B East has been reduced in length and for the first six feet of the elevation a "sienna" colored Belgian edger will be utilized. This same material would be used for four columns. The remaining back of the elevation remained concrete block. As a reminder, city ordinance states that new buildings shall be: • "in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan;" and, • "the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors." Staff appreciates the architectural additions that have been made to the elevations especially on the left elevation facing Highway 36. Staff also finds the color variations proposed for the main building to be attractive. However, the main sticking point will remain with the use of concrete block on the outward facing elevations of the main and warehouse buildings. This is a significant redevelopment project with the new buildings being very visible from three sides. Staff maintains, and concurs with the CDRB, that the proposed use of concrete block is not appropriate as proposed. Staff will maintain that the applicant be required to replace all concrete block with a brick fagade. Staff is also incorporating the CDRB's direction to have the green metal banding and metal panels from the entrances be replaced with a superior building material. The entrances on the front elevation will also be required to replace the proposed block on the piers with a stone, wood or brick material. Packet Page Number 62 of 164 H1 Landscaping As discussed earlier in this report, the applicant's revised site plan now displays the elimination of a drive and parking on the south property line and increased buffer areas around the proposed warehouse in the southeast corner. Because of this the number of existing trees to remain on site has increased from eight to 81. Also additional trees have been added to the south and east of the proposed warehouse. The number of overall plantings has increased. The most significant aspect of this increase are the addition of 16 Colorado Blue Spruce trees along the south boundary line facing County Road B East. The applicant has submitted landscape renderings for the areas along County Road B East — these have been attached to the report. Staff is recommending the Colorado Blue Spruce trees be replaced with Black Hills Spruce. Parking Since Menard Inc. opened a store at its existing site, the City has granted multiple parking waivers. The existing store is 187,922 square feet in size — meaning ordinance would require 940 parking spaces. With the City -approved parking waivers the current store actually provides 401 spaces — meaning that the City has waived 539 spaces. The new building will be 207,170 square feet in size — requiring 1,036 parking spaces. Staff acknowledges the ordinance requirement of providing one parking space per every 200 square feet of store area overburdens a store like Menards. The City must account for the type of products and users Menards caters to. The applicant is requesting a waiver to be allowed to provide fewer parking spaces. Staff is comfortable with allowing a parking waiver to allow a minimum of 420 parking spaces on this site. The applicant's most recent site plan shows 421 parking spaces being provided. Signage The applicant will be applying for a comprehensive sign plan to govern signage on this site. No signage will be permitted along County Road B East. Lighting The applicant shall be required to submit a revised photometric plan meeting the City's 0.4 footcandle requirements. The current photometric plan shows this requirement being exceeded near the south and east property lines. All light poles must meet the 25 -foot height limit. The applicant is requesting City approval for taller light poles but staff does not feel taller poles are warranted nor appropriate with this site's proximity to residential properties. As mentioned earlier in this report, all lights not needed for site security shall be turned off at store closing. Lights that are to remain on overnight shall automatically be dimmed to 50 percent intensity upon store closing. Pipeline City ordinance requires all buildings be setback at least 100 feet from a pipeline. The ordinance also allows the council to approve a waiver to this setback requirement. The existing southwest corner of the building has a 0 -foot setback from the site's pipeline easement. The new proposed building will also be near a 0 -foot setback and will at all time be outside of the easement itself. Staff see no concerns with the building placement in relation to the pipeline easement. Packet Page Number 63 of 164 H1 Lot Division to Combine Residential Lots As mentioned in this report, the applicant has purchase agreements in place with six residential properties south of its existing store site. It is proposing to combine its existing site with the six residential properties. If the applicant's other requests are approved, staff has no issues or concerns with combing all seven lots into a single parcel of property. Vacation of Public Utilitv Easements The applicant is requesting the city vacate portions of two public utility easements. Both easements are wholly within property Menard Inc. would own if this project proceeds. The city engineer has reviewed this request and determined that there is no anticipated public need for the easement any longer and the requested vacation is not counter to the public interest. Department Comments Engineering Please see Jon Jarosch's engineering report, dated January 13, 2020, attached to this report. Environmental Please see Shann Finwall's environmental report, dated January 13, 2020, attached to this report Building From Dave Peterson — Building Official: Build per 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, 2015 Minnesota State Fire Code, MN 2015 Accessibility code, MN1306, 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. a. ASHRAE 90.1-2010 Building Envelope Compliance Documentation b. ASHRAE 90.1-2010 HVAC Compliance Documentation c. ASHRAE 90.1-2010 Service Water Heating Compliance Documentation d. ASHRAE 90.1-2010 Lighting Compliance Documentation e. Or COMCHECK Special inspections required as per 2012 IBC Chapter 17. Complete supporting special inspection schedule document and submit with plans. 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, plumbing, mechanical, electrical, fire alarm, and sprinklers. Provide two sets of stamped and signed plans and one digital set. Packet Page Number 64 of 164 H1 Board and Commission Review January 21, 2020: The community design review board reviewed and tabled this project asking the developer to made revisions to the building elevations. February 24, 2020: The community design review board reviewed and recommended approved of this project subject to the conditions of approval included with this report. The community design review board's main concern with this project involved the proposed building materials to be used on the building elevations. The community design review board did not want to see any concrete block used as a primary building material. January 21, 2020: The planning commission held a public hearing and unanimously recommended approval of the project. Citizen Comments Staff surveyed the 68 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received 18 responses — all shown below. 1. Letter attached to this report. (Samantha Crosby, 1133 County Road B East) 2. Letter attached to this report. (Jean Anderson and Judy Zielinski, 2255 Duluth Street) 3. We'd like to go on record in support and have no concerns to share about any of the proposed requests being made in regards to the project. We look forward to the updated store and amenities that will be provided. (Joan and Erin Phillips, 1172 Leland Road East) 4. I'm writing in regards to the Menard plans we received in the mail this past week. The portion I am most concerned with is the Product Storage Yard and the plan to screen this from County Road B and the residential dwellings across the street. I am attaching a couple of pictures to help, if you don't receive them please let me know. According to the picture titled Elevation, the elevation on the roadbed in front of our house is 875 ft., I believe that standing on my front step my sight line is 14-16 feet above the roadbed. My concern is whether the proposed wall will be high enough to contain the sights and sounds of the product storage yard and that the proposed trees along the wall are ornamental Sugar Maples. It would seem a much better choice would be some type of evergreen, which would provide year round screening provided they planted something in the 14 - 18 foot range. Additionally we can't tell from the specs how far back the wall is from the road. We know from experience that nothing will grow close to the road due to the plowed snow and salt during the winter. Packet Page Number 65 of 164 H1 Elevation Area of concern 1112 Co Rd B East (Bill Skadden and Gretchen Hagen, 1112 County Road B East) 5. 1 have no objection to the overall project and encourage redevelopment of the area. However, I have one concern of the setback of the "yard" fence to the west of our property such that out FIAT/ALFA building is still visible from Highway 36. They are requesting 0' from the road. This would obstruct our investment. I would not object to a 75' minimum setback to the proposed "yard entrance." I do not object to the 0' setback of the building as proposed. (Jonathan Schmelz, 1180 Highway 36 East) 6. 1 would say that Menard's has been a good neighbor since it bought and redeveloped the old "GEM" (come grocery store) property. Yet there is a limit to good growth certainly. One of our neighbors sent us an email expressing their concern about whether the project would have any effects on our own properties (valuation) since they are close by, but not contiguous. I can only speculate on this subject at this point. Nevertheless, I do want to offer an opinion about public safety (traffic control) relating to the project. I would also offer an opinion on the aesthetics of the project as well. That Menard's generates quite a bit of vehicular traffic cannot be denied... particularly at certain times of the day. I would speculate though that a certain amount of traffic is generated Packet Page Number 66 of 164 H1 by contractors and clients who need to obtain commodities quickly and be on their way. What is bothersome to me is the traffic control at the junction of County Road B and Maplewood Drive E. There is also a sight distance problem at that intersection for those desiring to turn left when exiting Maplewood Drive on to CR B. My observation with regard to traffic control is based on my almost daily passing of that junction as I travel west to access TH 61. 1 have nearly been "T Boned" on several occasions by vehicles not stopping as they turn right on to CR B to get to TH 61. [Drivers among the cohort of contractors and people with time constraints, likely.] Similarly traffic exiting TH 61 (whether from the south or the north) fills the turn lane to Maplewood Drive and often impedes east to west traffic on to TH 61 as the west to east traffic fills the lane and drivers turn left on to Maplewood Drive. Therefore I would encourage the City of Maplewood to conduct an ongoing traffic engineering study of the intersection. Secondly, with regard to aesthetics, I would offer the opinion that high mast lighting and signage facing residential properties in the area should be controlled as well. On premise advertising and lighting can be harsh and destroy the visual environment for surrounding residents. (Kenneth H. Bjork, 1140 Lealand Road East) 7. Not in favor of the Menard's project ... The last 2 sentences in paragraph 1 of your letter are confusing. No access is being proposed or will be permitted from County Road B East to the new store. (It is dangerous enough turning to go to Menard's on the service road let alone coming out of there. People just don't observe the stop sign coming out on to County Road B after they have visited Menards.) Access drives to a new store building would be located generally in the same area as today. (Or will customers be coming from Highway 36 and English Street. If customers are coming from the east on Highway 36, turning left to get to the service road is nearly impossible.) If Menard's is permitted to tear down 5 or 6 homes will they then be permitted to tear down the homes on Duluth Street north of County Road B on the west side of the street when they need to "grow more"? Is big business the only thought in Maplewood's eye? Not the residents? Think of the residents who have lived in those homes for several years. Also, what happens to the property values in the area around a new Menard's? (Clifford and Sharon McGinnis, 1134 Leland Road East) 8. Both my wife and I are opposed to the proposal put forth by Menards. The drawings sent do not give enough information to see what is really being proposed. In particular, the set -back next to County Road B. The drawing shows the property line extending beyond the center of County Road B. I do not understand how this is possible or could have been approved by the city. Asking for a 0 -foot set -back on County Road B is not right. It will put the yard within a few feet of the street. The noise pollution along with the lighting (despite what Menards says) will create a disturbance to the surrounding neighbors next to and across Country Road B. We believe the set -back should be the same as the current home set -back along County Road B. It should not be within a few feet of the road. To block the noise and lights taller trees are needed. Pine trees to create a block year-round. This is not possible with the current proposal set -back. We are opposed to the taking down of mature trees that add so much to the character of the neighborhood. We do not believe that a 14 -foot fence will block the light or noise created especially with the lights on all night. Packet Page Number 67 of 164 H1 When we bought into this community, it was the neighborhood that attracted us to Maplewood. Now we are seeing that neighborhood turning into a commercial sight. With this change we believe our property value will decrease with the current plan encroaching on the residential area along County Road B. Has the city consulted with real estate companies find out what the real impact will be on the homes affected by this proposal? We are disappointed that the city has waited until the 11th hour to notify the citizens that are directly affected by the encroaching commercial business. It leaves us with very little time to study and respond appropriately. We are looking forward to the meetings to learn more on how this will impact our neighborhood and voice our concerns with all our neighbors. (Jay and Cheryl Stutsman, 1108 County Road B East) 9. Many of the neighbors in the surrounding area walk to Menards. At this time there is not a safe walking option. Please consider a pedestrian path to the store. As of now, we have to cross busy County Road B and walk in the street or the side of the boulevard which is dangerous and inconvenient. Providing a walking/biking path will reduce car traffic and allow people to get to Menards via other methods. Thank you for your time and consideration. (William and Shari Adams, 1126 Leland Road East) 10. No extra entrance to parking lot between us and the holding pond. GREEN SPACE Holding pond is a major concern due to past flooding of our property. We have had to endure severely flooded property 3 times in the past due to inadequate drainage. Do not move fence. Keep existing fence and trees. (Catherine and Debra Dupre, 1071 County Road B East) 11. Our main concern is that the Menards property lines are misrepresented on the plan. The draft indicates there will be green space after the fence, however, the fence will actually come all the way up to County Road B. This is will greatly reduce our property value, which is extremely disappointing because we just purchased our house in June of 2019. We want a setback to where the six residential properties currently stand. Menards needs to follow the same property setback standards as residential properties. The current properties have a 60ft. setback and this needs to apply to the new plan as well. In addition to a setback of at least 60 ft., we would like the boulevard to be heavily landscaped with mature lush trees (e.g., Pines Trees and Evergreens). We do not want to look out our window and see a fence. We are also concerned about how this project will change the character of the neighborhood. There will be trucks, lights, and lots of loud noise right next to our house. We have a baby and the Menards will bring more traffic, which is dangerous if our child is near the street. • In addition, we would like the following questions to be addressed: • How long will the six homes be vacant until they are demolished? • What will be done to deter crime at these six vacant houses? • Who will watch these houses? • What hours will Menards be tearing down the houses? • What will the hours of construction be? • What hours will trucks be traveling on County Road B during the construction? • How often will we be updated about the construction? • What kinds of chemicals and debris will we be exposed to during the demolition and construction? • What will the fence look like? • Will vehicles park at Menards overnight? Packet Page Number 68 of 164 H1 • How often will the trees and grass in the setback be maintained? • Will trucks/Menards vehicles be left idling? • Where will the garbage from Menards be kept? • What will be done to prevent chemicals in the air? • Will the trucks make noise when they go in reverse? • When will the pond be maintained? • Who will maintain the pond? • What will be done to prevent odor from the pond? (Mary Onchiri and Aniell Ducat, 1136 County Road B E) 12. 1 am writing to you in regards to the Menards rebuild project. I am a resident of one of the homes that Menards would be purchasing and tearing down. I have personally lived at this residence for the last five years and have never had an issue with Menards as a neighbor. Their lights are not obnoxiously bright, noise levels are minimal, and the newer turn lane off of County Road B has helped with the traffic entering the frontage road. I had actually reached out to the utility company to survey my yard back in September of 2018 because I was interested in adding on to my garage and remodeling my home (feel free to look in to this). I would never have considered an addition if I was unhappy with the business in my backyard. Although the neighbors around the area seem to be unhappy with the idea of Menards being so close to them and the road, they have never lived with them as a neighbor and I don't believe they understand that they aren't bad neighbors. They are very respectful when it comes to concerns. I know one of my neighbors called about the flagpole making a slight clanking noise (not something I could even hear) and it was taken care of immediately. From different things I have read on social media, certain neighbors believe these houses that we live in are perfectly good houses, in great condition, and would be tragic to lose them. Unfortunately mine is NOT in great condition and needs a lot of very expensive work, something that some of the neighboring residents might not be taking in to account. I have a tree in my front yard that has some roots grown into the sewer line, along with an entire house that needs to be rewired. The list goes on. I know at least two of the other property owners of the six of us are in the same situation. Their houses need work and they're not inexpensive projects that need to be tackled. Before Menards contacted us about selling, my wife and I were going to start tackling some of the problems that we could afford to begin with. But with the chance that our house might be sold/demolished we did not want to invest the time and money. This project will give us an opportunity to purchase a home without problems that we wouldn't be able to afford otherwise As I stated before, I was interested in adding an addition onto my existing garage and stay because Menards has been a great neighbor. I don't foresee their project detrimentally effecting the existing neighbors or neighborhood. A new building will bring in business, increase tax revenue for the city of Maplewood, and be a visual improvement to a building that is looking rather outdated and rundown. I see it as a win win for everyone involved. Thank you for your time. (Timothy Skiffington, 1127 County Rd B East) 13. We received your information letter dated 23 -Dec asking for input on the Menards proposal for the replacement of their store at the corner of Hwy 61 and Hwy 36. We do feel the need to qualify our comments below as we are one of the properties (we are the owners of 1115 Packet Page Number 69 of 164 H1 County Road B East) that Menards approached about buying in order to accomplish their store replacement so have a bias in if the project proceeds or not. Also, we are sending our reply via email so that we can get our comments in to you prior to your deadline of Jan 10, 2020. We will also send a printed copy to you so you have that for the city records. That being said we are pleased with the proposal Menards has made. When we were originally approached by them they were only talking about expanding their lumber yard but the proposal now is for a whole new store which we think is a much better solution. We'd be the first to admit that, although they have tried to keep the store in good condition, it is starting to show it's age vs the new stores they have and the competition in the area. It appears from the plan you sent to keep the existing traffic flow so there should not be any additional traffic on County Road B vs today and it does not change significantly the work that was recently done on the Hwy 61/County Road B intersection. I do think long term some additional work needs to be done at that intersection though such as retiming the left turn light off Hwy 61 SB onto County Road B (or changing it to a flashing yellow) so traffic does not stack up so bad in that turn lane but that is probably a bit off topic. The proposal also has some nice green space along the privacy fence they are running along County Road B so it does appear they have put some thought into the appearance of the property for the neighbors. Overall we think the proposal for Menards is a good compromise in keeping the neighborhood we lived in, and still have friends in, in good appearances yet achieves the added room they would like for an updated store. We also would like to see Menards stay in this area of Maplewood as they have been a good neighbor and we believe they will continue to be so we are in favor of the Menards proposal. (Jim Tryon, 1115 County Road B East) 14. We have serious concerns about our property value. Looking out the front of my house to the back of Menards yard is not pleasing. Add to that listening to trucks and lifts backing up day and night with bright lights shining in our bedroom windows. Our houses were not designed to face an industrial yard, our bedrooms face the front of the yard that will be impacted by the noise and lights that from this yard. We recently refinanced; there is no way we can get that value out of it once Menards builds. Suddenly the city has rezoned the property across the street. Are there quiet hours that Menards must abide by? I know Menards had plans that did not include building up to the road - they should not be allowed to build that close to residential property. If I or any of my neighbors were to build along the road we would need to build a certain distance (?? Feet from the road or path) Yet Menards is allowed build so close to the road that there isn't room to plant trees to cover up their ugly fence. How close is this fence to County Road B? (I am referring to the ones next to and around 1128 County Road B). How tall is the fence in this area (in some areas I have read 14 ft but in some plans I have seen 6ft )? This fence should be tall enough to block some of the noise and light from the yard. Will this be a soundproof fence? (Peter and Denise Fuglestad, 1128 County Road B East) 15. Application response A from question one is a farce. "Improve traffic congestion?" Six homes on County Road B generate how much traffic?? The congestion that has occurred and increased is the stop sign coming off of Maplewood Drive. While traveling west on County Road B you have to make certain people actually stop there. That intersection needs some attention. "The detention pond" is an eye sore at best. Mosquito breeding area for sure. Who Packet Page Number 70 of 164 H1 is responsible for taking care of it? The other pond on Menards property had volunteer trees and vegetation that eventually had to be removed. We don't agree that the property values will not be impacted by this change. Especially the folks on the south side of County Road B with their neighbors to the north gone and wall to look at. We find it curious that Menards can have a parking lot over the pipeline. Our neighbor was forced to have nine trees (mature trees) cut down on his property so trucks could get in if something went wrong with the pipeline. They wanted to have total access to the pipeline. Why is it different for a business?? We are not in favor of this proposal to change Menards and the existing land around it. (Dick and Jane Fosse, 1161 Leland Road East) 16. This proposal will mean a lot more noise from maintaining the parking lots, my solution is to buy the remaining three houses. Otherwise we will living with a lot more noise and living conditions will be worse. (George and Nancy Valento, 1081 County Road B East) 17. 1 have personally lived with Menards in my backyard for over 10 years and never once had a noise, light or traffic issue in the ten plus years. I do not forsee the renovation that Menards is proposing will cause any of these issues for the existing neighbors either. As long as the fence and landscaping is properly done, I think the project is a great one for the city, and existing neighbors. (Taryn Fischbach, 1127 County Road B East) 18. My partner and I live at 1194 Lealand Rd. We have significant concerns regarding the plan to drastically change the neighborhood we live in. We already have concerns related to the storage facility located on Cope & English Street - the plan that Menards has to force out residents to increase its landmass and house lumber is not a plan we can get behind. County Rd B is already a dangerous enough street given that people who don't live here think it's their personal speedway, we feel as though the addition of this storage for Menards - even though it wouldn't have an access road on the street - would further congest the area and create more danger for our children and neighbors. (Karen and Christina Thompson, 1194 Lealand Road East) Reference Information Site Description Site Size: Menard Inc. site — 12.89 acres; Six residential properties — 4.3 acres; Total 17.19 acres Existing Land Use: Menards store with outdoor sales and parking lot and single dwellings Surrounding Land Uses North: East: South: West: Planning Existing Land Use Existing Zoning: Highway 36 Countryside VW/FIAT Single dwellings Highway 61 and Single Dwellings Mixed -Use — Community and Low Density Residential Light Manufacturing (M-1) and Single -Dwelling Residential (R1) Packet Page Number 71 of 164 H1 Previous Actions March 28, 1988: The city council approved Menards' CUP and granted a parking reduction authorization. January 23, February 13, March 27 and April 6, 1989: The city council changed the CUP conditions. The changes were to clarify the screening fence and storage -rack height requirements. April 8, 1996: The city council amended the CUP conditions because of a request for a seasonal outdoor greenhouse and plant sale operation. October 25, 1999: The city council approved a CUP revision for the building expansion and site plan changes. Council also approved the architectural, site and landscape plans. April 9, 2001: The city council approved revised plans for the exterior of the new addition and required additional landscaping on the Highway 36 side of the building. January 30, 2004: The city council approved plans for expansion of the exterior storage area and relocation of the fire gate. March 27, 2006: The city council approved a CUP revision to enlarge the building and a parking - reduction authorization for 50 spaces. This allowed Menards to have 401 parking stalls. January 26, 2009: The city council approved a CUP revision to build a new warehouse building. Attachments: 1. Comprehensive Plan Amendment Resolution 2. Zoning Map Amendment Ordinance 3. Conditional Use Permit Amendment, Setback Variances and Shoreland Overlay Impervious Surface Variance Resolution 4. Resolution Approving Site And Design Plans And A Lot Division To Combine Seven Properties 5. Public Easements Vacation Resolution 6. Overview Map 7. 2040 Future Land Use Map 8. Zoning Map 9. Shoreland Overlay Map 10. Easement Map 11. Proposed Land Use Map 12. Applicant's Narrative 13. Parking examples of other Menards stores 14. Site Plan and Landscape Plan, dated February 6, 2020 15. Building Elevations, dated February 6, 2020 16. Building Renderings, dated February 6, 2020 17. Public Utility Easements, Ramsey County Recorded Document No. 1526919 18. Jon Jarosch's Engineering Report, dated January 13, 2020 19. Shann Finwall's Environmental Report, dated January 13, 2020 20. Samantha Crosby Letter 21. Jean Anderson and Judy Zielinsk Letter 22. Community Design Review Board Minutes, dated January 21, 2020 23. Community Design Review Board Minutes, dated February 24, 2020 24. Planning Commission Minutes, dated January 21, 2020 25. Applicant's Plans (separate attachment) Packet Page Number 72 of 164 H1, Attachment 1 COMPREHENSIVE PLAN AMENDMENT RESOLUTION Resolution approving the comprehensive plan amendment reguiding the properties at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East from Low Density Residential, to Mixed -Use — Community. Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has requested approval of a comprehensive plan amendment. 1.02 The properties are is located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East and are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota _►9 PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430009 —The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430008 —The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430006 —The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. Section 2. Criteria. 2.01 The 2040 Comprehensive Plan states the document may require amending due to a property owner request to change land use designation to allow a proposed development or redevelopment. Packet Page Number 73 of 164 H1, Attachment 1 2.02 The 2040 Comprehensive Plan amendment process follows the same City identified public hearing process as the major update process used to develop the 2040 Comprehensive Plan. Amendments are required to submit and gain approval from the Metropolitan Council. Section 3. Findings 3.01 The requested amendment would meet various amendment criteria outlined in the 2040 Comprehensive Guide Plan. 1. Promote the revitalization of neighborhood retail shopping centers and corridors and surrounding areas as mixed-use nodes that enhance the vitality of particular neighborhoods in Maplewood from the perspectives of economic development and community character. 2. Promote the efficient retention and redevelopment of commercial and industrial areas in the city as high quality and attractive developments and land uses. 3. Encourage attractive commercial and industrial developments. Section 4. City Review Process 4.01 The City conducted the following review when considering this amendment request. On January 21, 2020, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive plan amendment. 2. On March 9, 2020, the city council discussed the comprehensive plan amendment. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The above described comprehensive plan amendment is based on the findings outlined in section 3 of this resolution. Approval is subject to, and only effective upon, the following conditions: 1. Review and approval of the Metropolitan Council as provided by state statute. 2. The site must be developed and maintained in substantial conformance with the following plans: a. Site plan, date-stamped February 6, 2020. b. Design plans, date-stamped December 24, 2019. Packet Page Number 74 of 164 H1, Attachment 1 3. The development must further comply with all conditions outlined in City Council Resolution No. for a conditional use permit amendment, setback variances and shoreland overlay variance by the Maplewood City Council on March 9, 2020. by the City Council of the City of Maplewood, Minnesota, on March 9, 2020. Packet Page Number 75 of 164 H1, Attachment 2 AN ORDINANCE REZONING THE PROPERTIES AT 1115, 1127, 1133, 1137, 1143 AND 1155 COUNTY ROAD B EAST FROM R-1, SINGLE DWELLING RESIDENTIAL DISTRICT, TO M-1, LIGHT MANUFACTURING The City Of Maplewood, Minnesota Ordains: Section 1. 1.01 The properties at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East are hereby rezoned from R-1, single dwelling residential district, to M-1, light manufacturing. 1.02 The properties are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430009 —The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota PIN: 092922430008 —The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota _►9 PIN: 092922430006 —The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. Section 2. 2.01 This ordinance is based on the following findings: 1. The rezoning to M-1, light manufacturing would result in a development compatible with the existing surrounding development type and intensity. 2. The rezoning would be consistent with the intent of the zoning ordinance and the comprehensive guide plan. Packet Page Number 76 of 164 H1, Attachment 2 3. The rezoning would be consistent with the public health, safety, and welfare. 2.02 This ordinance is subject to the following conditions: 1. The site must be developed and maintained in substantial conformance with the following plans: a. Site plan, date-stamped February 6, 2020. b. Design plans, date-stamped December 24, 2019. 2. Metropolitan Council approval of Resolution No. for a comprehensive plan amendment by the Maplewood City Council on March 9, 2020. 3. The development must further comply with all conditions outlined in City Council Resolution No. for a conditional use permit amendment, setback variances and shoreland overlay variance by the Maplewood City Council on March 9, 2020. Section 3. This ordinance is effective upon publication in the city's official newspaper. by the city council of the City of Maplewood, Minnesota, on March 9, 2020. Packet Page Number 77 of 164 H1, Attachment 3 CONDITIONAL USE PERMIT AMENDMENT, SETBACK VARIANCES AND SHORELAND OVERLAY VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has requested approval of a condition use permit amendment. 1.02 The applicant has requested approval of multiple setback variances. 1.03 The application has requested approval of a shoreland overlay impervious surface variance. 1.04 The property located at 2280 Maplewood Drive is legally described as: That certain triangle of land situated in the Southwest quarter of Section 9, Township 29, Range 22, described as follows to wit: Commencing at a point on the East line of the Southwest quarter of said Section 9 at its intersection with the easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest quarter to a point 100 feet North of the North line of County Road "B" thence West and parallel with the North line of said County Road "B" to the Easterly line of United States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Less and except that part of the Southwest Quarter of Section 9, Township 29, Range 22, described as follows: Commencing at the intersection of the east line of said Southwest Quarter and a line parallel with, distant 100.00 feet north of the north right of way line of County Road B; thence North 00 degrees 09 minutes 33 seconds West, along said east line 105.40 feet to the intersection with the westerly extension of the north line of Block 2 of Heinemann's Belleview Addition to Gladstone; thence North 08 degrees 02 minutes,44 seconds West 140.00 feet more or less to the southeasterly right of way line of United States Highway No. 61, as widened; thence southwesterly 268 feet more or less along said southeasterly right of way line to the intersection with a line parallel with, distant 100 feet north of the north right of way line of County Road B; thence North 89 degrees 18 minutes 48 seconds East, along said parallel line 125 feet more or less to the point of beginning. And: The South 107 feet of that part of the North 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following described line: Commencing at a point on the South line of said 5 acre tract which line is the South line of the Northwest quarter of the Southeast quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast comer of said tract and there terminating. Packet Page Number 78 of 164 H1, Attachment 3 And All that part of the West 32 rods of the Southwest quarter of the Southeast quarter of Section 9, Township 29, Range22, lying North of County Road "B", except Heinemann's Belleview addition to Gladstone, and except highway. The properties located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430009 — The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430008 — The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota omp PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota omp PIN: 092922430006 — The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. Section 2. Standards. 2.01 City Ordinance Section 44-512(4) requires a Conditional Use Permit for the exterior storage of goods or materials. 2.02 Section 44-637(b) requires a Conditional Use Permit for any building or exterior use within 350 feet of a residential district. 2.03 General Conditional Use Permit Standards. City Ordinance Section 44-1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. Packet Page Number 79 of 164 H1, Attachment 3 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. 2.04 Variance Standard. City Ordnance Section 44-13 refers to state statute which states a variance may be granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards. 3.02 The following setback variances would meet the required standards for a variance: A 0 -setback from Maplewood Drive for the main building. This variance is justified and works to push the entire site plan north, away from existing residential properties. 2. The new main building is proposed to be setback 33 feet and 11 inches. Ordinance would typically require a 100 feet setback for a building of this site. However, this building is being built in an area that is already being used as either the existing building or storage yard. Building the new main building will have minimal change as compared to existing conditions. Packet Page Number 80 of 164 H1, Attachment 3 3. The warehouse is proposed to be setback 30 feet from the residential lot line to the east. Ordinance would typically require this warehouse be setback 100 feet. Given the unique aspects to this site and project a 50 -foot setback is reasonable. A 50 -foot setback is the minimal setback ordinance requires for all new commercial buildings. 4. The storage yard area along the applicant's east property line would normally require a 20 -feet setback when adjacent to residential property. Existing conditions do not meet this requirement. Therefore, a variance is justified in the areas that already are non-compliant. 3.03 The following setback variances do not meet the required standards and are denied: For the new storage yard areas adjacent to 2223 Duluth Street North, 2233 Duluth Street North and 2255 Duluth Street North, the applicant shall be required to meet the code requirement of a 20 feet setback between commercial uses or parking lots and residential properties. The requested 5 -foot parking lot setback in these new storage yard areas would alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 2. The applicant requested a 0 -foot setback for its proposed warehouse building from County Road B East. City ordinance requires commercial buildings be setback at least 30 feet from right-of-way lines. The closest home on the north side of County Road B East is currently approximately 37 feet with other homes set farther back. Increasing this setback of County Road B East will work to maintain the neighborhood's existing character. A 0 -foot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 3. The applicant requested a 10 -foot parking lot setback to the south property line. Ordinance requires a 20 feet setback between commercial uses or parking lots and residential properties. A 10 -foot parking lot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 4. The applicant requested a 10 -foot setback for the parking lot along west property line. Ordinance requires a 20 feet setback between commercial uses or parking lots and residential properties. A 10 -foot parking lot setback will alter the essential character of the locality and the applicant will still have reasonable use of the property after meeting ordinance minimums. 3.04 The following shoreland overlay impervious surface variance would meet the required standards for a variance: 1. The applicant's request of a 40 percent variance to the shoreland overlay impervious surface coverage maximum does not meet the standards for a variance. But a 20 percent variance above the ordinance's 60 percent impervious surface bonus limit, which requires meeting the city engineer's conditions for additional stormwater management practices, would meet these standards. The Packet Page Number 81 of 164 H1, Attachment 3 applicant will be allowed to have 80 percent impervious surface coverage within the shoreland overlay within the existing properties of 1115, 1127 and 1133 County Road B East. Section 4. City Review Process 4.01 The City conducted the following review when considering these conditional use permit amendment, setback variances and shoreland overlay impervious surface variance requests. On January 21, 2020, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On March 9, 2020, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date-stamped February 6, 2020 and design plans date-stamped December 24, 2019. The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: b. The existina eiaht-foot-tall fence between Menard Inc.'s Droaerty and the properties at 1071, 1081 and 1101 County Road B East must remain in place. This fence must be extended along the north property line of 1101 County Road B East after the existing warehouse is demolished. Any needed repairs to this existing fence must be completed before the City will issue a certificate of occupancy for the new store. c. Any fencing within 65 feet of the Maplewood Drive East right-of-way line may not exceed 8 feet in height. d. All existing trees south of the existing 8 -foot -tall fence and the properties at 1071, 1081 and 1101 County Road B must remain in place. Packet Page Number 82 of 164 H1, Attachment 3 e. The 14 -foot -tall fence between Menard Inc.'s property and east property line of 1101 County Road B East must be setback at least 20 feet from the Property line. f. All portions of the 14 -foot -tall fence and the new warehouse building shall be setback at least 30 feet from the County Road B East right-of-way line. g. All fences must be maintained and kept in good order. Menard Inc. will repair any fence issues within 15 business days of receivinq notice from the City. h. All portions of the 14 -foot -tall fence between Menard Inc.'s property and the west property lines of 2223 Duluth Street North and 2233 Duluth Street North shall be setback at least 20 feet from the shared property line. i. All portions of the 14 -foot -tall fence between Menard Inc.'s property and the south property line of 2255 Duluth Street North shall be setback at least 20 feet from the shared property line. i All ether screening fen`+es th;t phi it Oho resirJenti;;l lets ;;nrJ Oho ne�ni feRGes nn the east-a;msezr'th s+dcs-ef the pFepeKty as Si-i^vscp ep the pl�ra„-date stampedQGtebeF 1, 200-81sh�1�I-ae1-4-feet tall j. All screening fences shall be constructed of vertical boards of the same dimension, color and material, except for the fence on the south side of the warehouse where horizontal boards may be used. k. No material on the storage racks, adjacent to the fence htahipd adjacent to 1101 7r�5 County Road B, shall extend above the 14 -foot -tall fence. I.Ne meYe thaR 21,4#eet of the —1�'��t- tall ;pteriersteFage��s sfa�11�e=wisih'e from emes-te the sei ith that ire �t street 189yel alGRg GG inti Rears R This rrvrrr ovum crn�c-arc-crr•vcrc c c� � c� zvaa--v--n�rc exr-- A-eas these hni leve that cit higher nn a hill I. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard, garden center and warehouse shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard and warehouse that is not needed for site security shall be turned off after business hours. All site lighting that is to remain on overnight, must be dimmed to 50 percent intensity after the store closes. All lights within 100 feet of a residential property line must be shielded away from homes. 6. The city council shall review this permit revision in one year. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. Packet Page Number 83 of 164 1-11, Attachment 3 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. The proposed bUildiRg addi building construction and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. 12. All existing vegetation that is required to be preserved and proposed vegetation must be properly maintained and cared for. Any dead planting materials must be replaced in a timely manner. 13. All existing trees between the County Road B East right-of-way line and the 30 - foot building and fence setback line must be maintained and are not permitted to be removed. 14. The warehouse building shall be setback at least 50 feet from all residential Property lines to the east and west of Menard Inc.'s property. 15. Any temporary, seasonal, outdoor sales occurring in the parking lot must meet all City ordinance requirements, plus are required to be setback at least 100 feet from any residential property line. 16. A parking waiver is approved for this site. The applicant shall provide a minimum of 420 parking spaces. 17. The storage of snow is not allowed to block any drive lanes within the site or cover any of the required 420 parking spaces. Snow is also not allowed to be stored between the parking lot and any residential properties to the south of the lot. 18. A setback waiver from Magellan Pipelines' pipeline is approved. No permanent structures may be built within the easement (Ramsey County Recorded Document No. 1594242) but there is no additional setback outside out of the easement area required. 19. Before any permits are issued, the applicant shall be required to implement additional stormwater management practices — above what is minimally required by ordinance for this site — as approved by the city engineer. Before any permits are issued, the city engineer will be required to approve plans confirming all requirements related to the shoreland overlay impervious surface ordinance are met. 20. No store signage of any kind may be placed along, adjacent to, or directed towards, County Road B East. 21. Metropolitan Council approval of Resolution No. for a comprehensive plan amendment by the Maplewood City Council on March 9, 2020. Packet Page Number 84 of 164 H1, Attachment 3 by the City Council of the City of Maplewood, Minnesota, on March 9, 2020. Packet Page Number 85 of 164 H1, Attachment 4 RESOLUTION APPROVING SITE AND DESIGN PLANS AND A LOT DIVISION TO COMBINE SEVEN PROPERTIES FOR MENARD INC. AT 2280 MAPLEWOOD DRIVE; AND, 1115, 1127, 1133, 1137, 1143 AND 1155 COUNTY ROAD B EAST Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has requested approval of site and design plans and a lot division to combine seven properties. 1.02 The property located at 2280 Maplewood Drive is legally described as: That certain triangle of land situated in the Southwest quarter of Section 9, Township 29, Range 22, described as follows to wit: Commencing at a point on the East line of the Southwest quarter of said Section 9 at its intersection with the easterly line of United States Highway No. 61, as widened; thence South on the East line of said Southwest quarter to a point 100 feet North of the North line of County Road "B" thence West and parallel with the North line of said County Road "B" to the Easterly line of United States Highway No. 61, as widened; thence Northeasterly along the Easterly line of said United States Highway No. 61, as widened, to the point of beginning. Less and except that part of the Southwest Quarter of Section 9, Township 29, Range 22, described as follows: Commencing at the intersection of the east line of said Southwest Quarter and a line parallel with, distant 100.00 feet north of the north right of way line of County Road B; thence North 00 degrees 09 minutes 33 seconds West, along said east line 105.40 feet to the intersection with the westerly extension of the north line of Block 2 of Heinemann's Belleview Addition to Gladstone; thence North 08 degrees 02 minutes,44 seconds West 140.00 feet more or less to the southeasterly right of way line of United States Highway No. 61, as widened; thence southwesterly 268 feet more or less along said southeasterly right of way line to the intersection with a line parallel with, distant 100 feet north of the north right of way line of County Road B; thence North 89 degrees 18 minutes 48 seconds East, along said parallel line 125 feet more or less to the point of beginning. The South 107 feet of that part of the North 5 acres of the South 50 rods of the North 105 rods of the West 32 rods of the Southeast quarter of Section 9, Township 29, Range 22, which lies Southeasterly of the following described line: Commencing at a point on the South line of said 5 acre tract which line is the South line of the Northwest quarter of the Southeast quarter, distant 60 feet East of the Southwest corner thereof; thence running Northeasterly to the Northeast comer of said tract and there terminating. And All that part of the West 32 rods of the Southwest quarter of the Southeast quarter of Section 9, Township 29, Range22, lying North of County Road "B", except Heinemann's Belleview addition to Gladstone, and except highway. Packet Page Number 86 of 164 H1, Attachment 4 The properties located at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East are legally described as: PIN: 092922430011 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430010 — Block 9, except the Easterly 594 feet and Westerly 104 feet thereof, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430009 — The West 62 ft. of the East 594 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430008 — The West 52 ft. of the East 532 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota AND PIN: 092922430007 — The West 171 ft. of the East 480 ft. of Block 9, Clifton Addition, Ramsey County, Minnesota omp PIN: 092922430006 — The West 147 ft. of the East 309 ft. of Block 9, Clifton Addition, Ramsey, County, Minnesota. 1.03 On January 21, 2020, the community design review board reviewed this request. The applicant was provided the opportunity to present information to the community design review board. The community design review board considered all of the comments received and the staff report, which are incorporated by reference into this resolution. Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the Packet Page Number 87 of 164 H1, Attachment 4 harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. 2.02 City ordinance Section 34-14(a) states a lot division shall not result in the creation of more than three lots. Section 3. City Council Action. 3.01.1 The above-described site and designs plans and lot division to combine seven properties are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the site plan and building elevations date-stamped February 6, 2020 and the remaining design plans date-stamped December 24, 2019. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal and building official must be met. 3. Meet all requirements in the engineering report, dated January 13, 2020. 4. Meet all requirements in the environmental report, dated January 13, 2020. 5. The applicant shall obtain all required permits from the Ramsey -Washington Metro Watershed District. 6. All rooftop equipment shall be screened. 7. Signage for this site is not approved. All signs require permits. 8. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. A photometric plan that meets all city requirements which include limiting light intensity to 0.4 footcandles at all property lines and limits light pole height to 25 feet in height. b. Payment to the city's tree fund to meet the requirements of the city's tree replacement code. c. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. d. A revised landscaping plan detailing any trees needing to be removed due to grading within the Maplewood Drive right-of-way being replaced by the Packet Page Number 88 of 164 H1, Attachment 4 requirements of the Maplewood City Engineer. Plan also shall replace all Colorado Blue Spruce trees with Black Hills Spruce trees. e. Revised building elevations with the following revisions: 1. All concrete block proposed on the main building and warehouse is required to be replaced with a brick fagade. The brick faced must contain two complimentary colors. 2. All green metal accent panels and green metal panels used on the main entrance must be replaced with a stone, brick or wood material. 3. The columns supporting the main buildings main entrance canopy shall be built with stone, brick or wood materials. 4. The storage warehouse brick fagade should match building materials and colors with those found on the main building. 9. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in -ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Restore all former curb cuts on Maplewood Drive to a continuous concrete curb per City of Maplewood requirements. 10. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above -required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 11. The lot division approval is subject to the following conditions: a. A survey shall be submitted to staff with a legal description for a new single parcel reflecting the seven properties being combined. Packet Page Number 89 of 164 H1, Attachment 4 b. Prior to issuance of a certificate of occupancy for the new commercial building, proof that Ramsey County has recorded the lot division must be submitted to city staff. 12. All work shall follow the approved plans. The director of community development may approve minor changes. 13. Metropolitan Council approval of Resolution No. for a comprehensive plan amendment by the Maplewood City Council on March 9, 2020. by the City Council of the City of Maplewood, Minnesota, on March 9, 2020. Packet Page Number 90 of 164 H1, Attachment 5 VACATION OF PUBLIC UTILITY EASEMENTS WITHIN THE PROPERTIES LOCATED AT 2280 MAPLEWOOD DRIVE AND 1155 COUNTY ROAD B EAST RESOLUTION Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Nicholas Brenner of Menard, Inc. has petitioned the Maplewood City Council to vacate public utility easements located within the properties located at 2280 Maplewood Drive and 1155 County Road B East. 1.02 The easement areas are legally described as follows, to wit: The South fifty feet of the East fifty-three feet of the West five hundred thirty-eight feet (S.50 of E.53 of W.538); and also, the South twenty feet of the West four hundred eighty-five feet (S.20 of W.485); of Block Ten (10), Clifton Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County; Also, The West thirty feet of the West one hundred forty-seven feet of the East three hundred nine feet (W.30 of W.147 of E.309) of Block Nine (9), Clifton Addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Ramsey County, subject to streets. 1.03 A hearing notice on said petition was published in the City of Maplewood's official newspaper and written notice was mailed to the property owners within 500 feet of subject properties. 1.03 On March 9, 2020 the City Council held a hearing on such petition, at which time all persons for and against the granting of said petition were heard. Section 2. Standards 2.01 Minnesota state statutes requires that no vacation shall be made unless it appears in the interest of the public to do so. Section 3. Findings. 3.01 The Maplewood City Council makes the following findings: 1. There is no anticipated public need for the utility easements. 2. The vacation is not counter to the public interest. 4.01 The city council vacates the above-described public utility easements, subject to the following conditions: Packet Page Number 91 of 164 H1, Attachment 5 1. Metropolitan Council approval of Resolution No. for a comprehensive plan amendment by the Maplewood City Council on March 9, 2020. 2. This vacation is only valid upon the properties being developed and maintained in substantial conformance with the following plans: a. Site plan, date-stamped February 6, 2020. b. Design plans, date-stamped December 24, 2019. by the City Council of the City of Maplewood, Minnesota, on March 9, 2020. Packet Page Number 92 of 164 H1, Attachment 6 1115, 1127, 1133, 1137, 1143, 1155 County Road B East and 2280 Maplewood Drive E K iv A City of Maplewood Maplewood Overview Map a ��A1PI r `�"' :.: `� .� .. �.'- " ♦ � � � n rani' .. � n I. ry ''' �� • �� �^ '* , � v IF 4P lot A , r h � ; y. a ,t a � , November 20, 2019 r' h. �• .,,} n Ste' ,;:. ... .w � s w ,-T `g 4, �. t I Ll �. }ki F r t ,• .,. � gyp _ 9npW'1 Legend Menard's Parcel County Road B Parcelsm k 0 490,���` Feet Source: City of Ma lewood, Ramse Count Packet Page Number 93 of 164 H1, Attachment 7 1115, 1127, 1133, 1137, 1143, 1155 County Road B East and 2280 Maplewood Drive E K uta City of Maplewood Maplewoo(- November 20, 2019 Legend Packet Page Number 94 of 164 vs Future Land Use - 2040 Low Density Residential - High Density Residential Mixed -Use -Community Commercial Open Space Park 0 490 Feet Source: City of Maplewood, Ramsey Count Packet Page Number 94 of 164 H1, Attachment 8 1115, 1127, 1133, 1137, 1143, 1155 County Road B East and 2280 Maplewood Drive E K V—"'a City of Maplewood Maplewoo(- November 20, 2019 n Y! ,t Qi 2 � royn oad B Legend Zoning Open Space/Park Single Dwelling (r1) Double Dwelling (r2) Multiple Dwelling (r3) Farm (f) Light Manufacturing (m1) 0 490 Feet Source: City of Maplewood, Ramsey Count Packet Page Number 95 of 164 1-11, Attachment 9 1115, 1127, 1133, 1137, 1143, 1155 County Road B East and 2280 Maplewood Drive E K V—"'a City of Maplewood Maplewood Shoreland Overlay Map November 21, 2019 Packet Page Number 96 of 164 W d Z �L O O 3 Q C� G 0 00 N N C M N W m O C O O U LO LO T- -0 N O N w N -o 0 0 a R 0 0 > 0. U go O d W N Q w Hl, Attachment 10 - -- ,- ... - -11 LaJii Packet Page Number 97 of 164 (6 o (D d4� Q w ,. c C: U ?w` (D v, ti Nv, Cn - w nor 00 0 U a •t_ J � o � Packet Page Number 97 of 164 H 1, Attachment 11 1115, 1127, 1133, 1137, 1143, 1155 County Road B East and 2280 Maplewood Drive E K uta City of Maplewood Maplewoo(- Proposed FLU Map November 20, 2019 J Legend e Future Land Use - 2040 Area proposed to be reguided as Mixed - Use - Community 0 490 Feet Source: City of Maplewood, Ramsey County Packet Page Number 98 of 164 H1, Attachment 12 Comprehensive Plan Amendment Application — Menard, Inc. 1115-1155 County Road B East Narrative: Menard, Inc. ("Menards") is requesting that the comprehensive plan be amended to change the land use for the residential lots with the following addresses: 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East, Maplewood, MN from Low Density Residential to Mixed -Use Commercial. This request is to accommodate a new Menards store, which store layout will be consistent with other twin city locations. Menards has been operating at this location since 1989. Since that time, the standard Menards store has changed dramatically. As a result, over the years a number of remodels and expansions to the Maplewood store has occurred; all in an attempt to continue to provide the best possible service to those who shop at the store. Since the last expansion in 2009, a company -wide expansion was rolled out to the stores. Almost 300 Menard stores have been or are in the process of being remodeled with the Maplewood store being one of the last remaining. This latest remodel is the company's attempt to compete against online retailers and provides the stores with a new express lane at the gate canopy and a new special order/online order pickup area. Unfortunately, due to property size constraints, this latest expansion is not possible as the store currently lays out. Therefore a more aggressive avenue must occur. Menards is proposing replace the existing store with its current single story prototype. Due to the odd configuration of the lot, plus a gas pipeline that runs through the middle of the lot, additional property is required in order to fit the store, outdoor yard, accessory building and parking. Therefore, six residential properties to the south of the existing lot are required to be introduced into the Menards existing lot. This new store would contain all the services that other Menards store have including the express lane and order pickup area mentioned above. Even with the additional property, the site is extremely tight and barely fits these facilities. Essentially there is only one plan that works for this site. Since the new store operation would not be significantly different than what is there today, there should be no negative impacts to the utilities in the area. Overall, it is Menards desire to remain at this location. The citizens that shop this store deserve to have the same experience as any other person at any other store. In order to make this happen, the proposed project will need to move forward which means the requested comprehensive plan amendment will need to be approved. At the end of the day the city should approve this request because it will allow Menards to build a brand new store thereby cementing Menards presence in the community. Packet Page Number 99 of 164 H1, Attachment 12 Rezoning Application — Menard, Inc. 111.5-1155 County Road B East & 2280 Maplewood Drive North Narrative: Menard, Inc. ("Menards") is requesting: (i) that the residential lots with the following addresses: 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East, Maplewood, MN be rezoned from Single Dwelling (rl) to Business Commercial (BC); and (ii) that the Menards store lest located at 2280 Maplewood Drive, Maplewood, MN be rezoned from Light Industrial (M1) to Business Commercial (BC). This request is to accommodate a new Menards store, which store layout will be consistent with other twin city locations. Menards has been operating at this location since 1989. Since that time, the standard Menards store has changed dramatically. As a result, over the years a number of remodels and expansions to the Maplewood store has occurred; all in an attempt to continue to provide the best possible service to those who shop at the store. Since the last expansion in 2009, a company -wide expansion was rolled out to the stores. Almost 300 Menard stores have been or are in the process of being remodeled with the Maplewood store being one of the last remaining. This latest remodel is the company's attempt to compete against online retailers and provides the stores with a new express lane at the gate canopy and a new special order/online order pickup area. Unfortunately, due to property size constraints, this latest expansion is not possible as the store currently lays out. Therefore a more aggressive avenue must occur. Menards is proposing replace the existing store with its current single story prototype. Due to the odd configuration of the lot, plus a gas pipeline that runs through the middle of the lot, additional property is required in order to fit the store, outdoor yard, accessory building and parking. Therefore, six residential properties to the south of the existing lot are required to be introduced into the Menards existing lot. This new store would contain all the services that other Menards store have including the express lane and order pickup area mentioned above. Even with the additional property, the site is extremely tight and barely fits thcse facilities. Essentially there is only one plan that works for this site. Due to the fact that six residential properties are being used for the expansion, some neighboring properties will be closer to the store than what they are today. A fourteen foot tall fence along with the accessory building will do wonders in terms of keeping any noise and light contained inside the yard. It is Menards goal to maintain good relationships with not only the neighbors but the community as well and in order to reach that goal the accessory building fagade has been upgraded which will result in a very attractive appearance. The accessory building has also been pivoted to allow room for a detention pond on the backside which will create a more open feel to this area. New trees and additional landscaping will supplement the fence and accessory building to ensure that this area of the property will blend in with the surrounding properties. Overall, it is Menards desire to remain at this location. The citizens that shop this store deserve to have the same experience as any other person at any other store. In order to make this happen, the proposed project will need to move forward which means the requested rezone will need to be approved. Menards is excited for this opportunity and hopes that the city and community is as equally excited. Packet Page Number 100 of 164 H1, Attachment 12 Application Questions: 1. How would this zoning change promote the public welfare by: A. Reducing Traffic Congestion This request will actually improve traffic congestion on County Road B East, because six houses that have driveways directly onto County Road B East will be removed eliminating turn movements. There are no entrances being proposed that would give access directly to the store from County Road B East. All entrances would remain on Maplewood Drive North as they are today. Wherefore, the residences located on County Road B East should not see an increase in traffic due to this project. Even with the new store, traffic is anticipated to be similar to what exists today on Maplewood Drive North. B. Improving Safety from Fire and other Dangers From a store perspective everything will be new. From fire lines to parking lots to light fixtures everything will be designed and installed to meet current codes and present a safer operation for employees and guests. By eliminating the driveways off County Road B East, there will be less turning movements on this road allowing vehicles to pass through this corridor safer. C. Providing Adequate Lighting and Open Space Light installed onsite will meet city code and will ensure that accessible areas will be lighted to ensure safety far both employees and guests. The accessory building has been pivoted (which does result in a loss of outdoor yard) in order to create more open space behind the store. With the additional landscape around the perimeter, it all adds up in creating an open feel for the property. D. Avoid Overcrowding The site plan lays out extremely well within the existing lot and the new properties being added. A more open parking lot and outdoor yard creates a better and safer shopping experience. Although the site is tight when it comes to fitting all the facilities, it will be much improved than what exists today. With the right-of-way and setback off that right-of-way and the pivoting of the accessory building allowing for the pond, there will be quite a bit of open space, eliminating any sense of overcrowding. E. Conserving Property Values Property values in the immediate vicinity should not change with this request. Menards has been in operation at this location for over 30 years. The operations of the store are not changing but the appearance is, for the better, New fencing and landscaping will be introduced throughout the areas adjacent to residential lots. The outside yard may be getting closer to some residential properties, but the accessory building, fence and landscaping will do wanderings in terms of keeping noise and light from spilling out of the site onto adjacent lands. Overall, the appearance of this area will be better than it is today. 2. Why would this zoning change not injure or detract from the use of the neighboring property or from the character of the neighborhood? I believe a lot of the reasons set forth in I.E. above apply to this standard as well. From a neighborhood perspective, not a lot is changing with this request. Menards operates a retail store Packet Page Number 101 of 164 H1, Attachment 12 today and they will operate a retail store when the project concludes. A new accessory building will be constructed however that is a positive as it will help contain any noise and light within the yard. The exterior of the accessory building has been upgraded and new trees and landscaping are being added around the perimeter which will be well maintained. All of these items will ease the transition between commercial and residential meaning that neighboring property owners will be able to utilize their properties as they do today with very little, if any, change. 3. Are there adequate public facilities, such as streets, sewers, water lines, schools and parks? There are adequate public facilities in the area. Menards operates a store and already utilizes city streets, sewers and water lines for its operation. Those same facilities will be required for the new store with little change in usage. Packet Page Number 102 of 164 H1, Attachment 12 Conditional Use Application — Menard, Inc. 1115-1155 County Road B East & 2280 Maplewood Drive North Narrative: Menard, Inc. ("Menards") is requesting approval of a conditional use in order to allow exterior storage at the new Menards store located at 2280 Maplewood Drive. This is an existing use at the current Menards store and this request is to continue that use at the 2280 Maplewood Drive North property as well as extend it to the 1115-1155 County Road B East properties. Menards has been operating at this location since 1989. Since that time, the standard Menards store has changed dramatically. As a result, over the years a number of remodels and expansions to the Maplewood store has occurred; all in an attempt to continue to provide the best possible service to those who shop at the store. Since the last expansion in 2009, a company -wide expansion was rolled out to the stores. Almost 300 Menard stores have been or are in the process of being remodeled with the Maplewood store being one of the last remaining. This latest remodel is the company's attempt to compete against online retailers and provides the stores with a new express lane at the gate canopy and a new special order/online order pickup area. Unfortunately, due to property size constraints, this latest expansion is not possible as the store currently lays out. Therefore a more aggressive avenue must occur. Menards is proposing replace the existing store with its current single story prototype. Due to the odd configuration of the lot, plus a gas pipeline that runs through the middle of the lot, additional property is required in order to fit the store, outdoor yard, accessory building and parking. Therefore, six residential properties to the south of the existing lot are required to be introduced into the Menards existing lot. This new store would contain all the services that other Menards store have including the express lane and order pickup area mentioned above. Even with the additional property, the site is extremely tight and barely fits these facilities. Essentially there is only one plan that works for this site. Due to the fact that six residential properties are being used for the expansion, some neighboring properties will be closer to the store than what they are today. A fourteen foot tall fence along with the accessory building will do wonders in terms of keeping any noise and light contained inside the yard. It is Menards goal to maintain good relationships with not only the neighbors but the community as well and in order to reach that goal the accessory building fagade has been upgraded which will result in a very attractive appearance. The accessory building has also been pivoted to allow room for a detention pond on the backside which will create a more open feel to this area. New trees and additional landscaping will supplement the fence and accessory building to ensure that this area of the property will blend in with the surrounding properties. Overall, it is Menards desire to remain at this location. The citizens that shop this store deserve to have the same experience as any other person at any other store. In order to make this happen, the proposed project will need to move forward which means the requested conditional use will need to be approved. Menards is excited for this opportunity and hopes that the city and community is as equally excited. Packet Page Number 103 of 164 H1, Attachment 12 Variance Application — Menard, Inc. 1115-1155 County Road B East & 2280 Maplewood Drive North Narrative: Menard, Inc. ("Menards") is requesting approval of the following variances to the city zoning code: i) Section 44-20(6) — reduce building setbacks to: a) 0' setback from County Road B (corner of accessory building); b) 0' setback from Maplewood Drive (main building); c) 30' setback from eastern property line (main building and accessory building); ii) Section 44-17 — reduce required parking to 430 stalls; iii) Section 44-19 parking lot setback to decrease distance from residential to: a) 10' along south property line which borders residential; b) 10' to west property line which borders residential; c) 5' to east property line which borders residential; and iv) Section 44-1242 shoreland development standards to increase allowable overlay impervious area to 100% for parcels 092922430011 (1115 County Road B East), 092922430010 (1127 County Road B East), and 092922430009 (1133 County Road B East). Menards has been operating at this location since 1989. Since that time, the standard Menards store has changed dramatically. As a result, over the years a number of remodels and expansions to the Maplewood store has occurred; all in an attempt to continue to provide the best possible service to those who shop at the store. Since the last expansion in 2009, a company -wide expansion was rolled out to the stores. Almost 300 Menard stores have been or are in the process of being remodeled with the Maplewood store being one of the last remaining. This latest remodel is the company's attempt to compete against online retailers and provides the stores with a new express lane at the gate canopy and a new special order/online order pickup area. Unfortunately, due to property size constraints, this latest expansion is not possible as the store currently lays out. Therefore a more aggressive avenue must occur. Menards is proposing replace the existing store with its current single story prototype. Due to the odd configuration of the lot, plus a gas pipeline that runs through the middle of the lot, additional property is required in order to fit the store, outdoor yard, accessory building and parking. Therefore, six residential properties to the south of the existing lot are required to be introduced into the Menards existing lot. This new store would contain all the services that other Menards store have including the express lane and order pickup area mentioned above. Even with the additional property, the site is extremely tight and barely fits these facilities. Essentially there is only one plan that works for this site. Due to the fact that six residential properties are being used for the expansion, some neighboring properties will be closer to the store than what they are today. A fourteen foot tall fence along with the accessory building will do wonders in terms of keeping any noise and light contained inside the yard. It is Menards goal to maintain good relationships with not only the neighbors but the community as well and in order to reach that goal the accessory building fagade has been upgraded which will result in a very attractive appearance. The accessory building has also been pivoted to allow room for a detention pond on the backside which will create a more open feel to this area. New trees and additional landscaping will supplement the fence and accessory building to ensure that this area of the property will blend in with the surrounding properties. Packet Page Number 104 of 164 H1, Attachment 12 Overall, it is Menards desire to remain at this location. The citizens that shop this store deserve to have the same experience as any other person at any other store. In order to make this happen, the proposed project will need to move forward which means the requested variances will need to be approved. Menards is excited for this opportunity and hopes that the city and community is as equally excited. Variance Standards Consistent with the comprehensive plan. These requests are to allow for a new Menards retail store. This use is consistent with the current use set forth in the comprehensive plan for the current Menards lot. In tandem with this request, a request to amend the comprehensive plan for the six residential houses is being filed. Once approved, this request will be consistent with the comprehensive plan for those residential properties. Landowner proposes to use the property in a reasonable manner not permitted by an official control: The proposed use is a new Menards retail store. This is a reasonable manner for all properties (rezone and comprehensive plan amendments for residential properties have been filed in tandem with this request). Due to the size, shape and utility restrictions existing on the property, a new Menards store is not possible without the requested variances. The plight of the landowner is due to circumstances unique to the property: The plight for this request is due to a few different items that are unique to the property. First there is a 60' gas main easement that runs through the middle of the property. This divides the property in half restricting any movement of structures. ROW exists to the north of the site and a successful business operates to the east, both impeding any shift those directions. The only options was to move south which is also restricting by another ROW. The Plight is not created by the landowner: Menards has operated at this site for over 30 years. The size of the building and overall operation of the store has changed dramatically since then. Although the property worked initially for the store, it does not anymore. Therefore additional property plus variances to the zoning code are required in order to accommodate the new store. The gas easement and ROWS were in place prior to Menards wanting to construct a current prototype. The variance, if granted, will not alter the essential character of the locality: Menards operates a retail store today and they will operate a retail store when the project concludes. A new accessory building will be constructed however that is a positive as it will help contain any noise and light within the yard. Although setbacks to the property lines are being reduced as part of this request there is roughly fifteen feet of green space in the ROW that will help ease the transition. The exterior of the accessory building has been upgraded and new trees and landscaping are being added around the perimeter which will be well maintained. All of these items will ease the transition between commercial and residential meaning that neighboring property owners will be able to utilize their properties as they do today with very little, if any, change therefore not altering the essential character of the locality. Packet Page Number 105 of 164 P5 Last 5 Years (Excluding Accessory Building SF) 1-11, Attachment 13 Store Parking Count Approx. SF Ratio (per 1,000 SF) Kansas City West, KS 419 252,304 1.66 Lawrence, KS 411 244,623 1.68 Olathe, KS 423 244,623 1.73 Bowling Green, KY 427 248,971 1.72 Elizabethtown, KY 412 248,971 1.65 Florence, KY 408 248,971 1.64 Louisville, KY 455 252,304 1.80 Paducah, KY 415 252,304 1.64 Richmond, KY 429 252,304 1.70 Ann Arbor, MI 425 224,623 1.89 Belleville, MI 421 248,971 1.69 Gaylord, MI 405 248,971 1.63 Lake Orion, MI 420 248,971 1.69 Pontiac, MI (2 -Story) 437 244,025 1.79 Taylor, MI 416 248,971 1.67 Wixom, MI 453 224,623 2.02 Belton, MO 430 224,623 1.91 Farmington, MO 426 224,623 1.90 Hollister, MO 420 224,623 1.87 Independence, MO 354 224,623 1.58 Kansas City North, MO 428 224,623 1.91 Kirksville, MO 380 252,304 1.51 Rolla, MO 421 248,971 1.69 Springfield West, MO 412 244,244 1.69 Springfield East, MO 412 244,244 1.69 Jamestown, ND 437 224,623 1.95 Dickinson, ND 443 224,623 1.97 Williston, ND 420 224,623 1.87 Athens, OH 436 252,304 1.73 Cleveland, OH 438 248,971 1.76 Columbus West, OH 424 252,304 1.68 Cortland, OH 426 224,623 1.90 Cuyahoga Falls, OH 413 248,971 1.66 Fairborn, OH 414 248,971 1.66 Kent, OH 427 248,971 1.72 Loveland, OH 470 224,623 2.09 Mentor, OH 416 252,304 1.65 New Philadelphia, OH 414 244,244 1.70 Pierre, SD 414 224,623 1.84 Gillette, WY 420 224,623 1.87 Maplewood 457 252,304 1.81 Apple Valley 453 248.,971 1.82 Eden Prairie, MN (2 -Story) 406 244,025 1.66 St. Paul, MN (2 -Story) 394 244,025 1.61 Golden Valley, MN (2 -Story) 362 244,025 1.48 Richfield, MN (2 -Story) 326 244,0251 1.34 Packet Page Number 106 of 164 HI Attachment 14 Packet Page Number 107 of 164 O x a Ot.JVV �Gl�_ HI Attachment 14 Packet Page Number 107 of 164 H1.Attachment 15 Packet Page Number 108 of 164 idl Wfli all HIS I Hill am IN IM HH I Hill 11111:11 HiM IBM :1CH Hill IMM HIM HIM 11111 ON HIRE id HIRE MR! Ei Hill MIMMI all liX lNilill 1105 1111 M: 5 Mail ME 111 1111:1 11111 HIM HN Ri Mi Mil MMI IM .01111 MxM Packet Page Number 108 of 164 H1 A mchm@m15 Packet Page Number 109G]6 ® z - \�(§ K\/\ \ {2«« \ ia \ \ § \ j \ [ \ \ ' §)! ( (/ )} \ \ \ :: ! o( o \ ) § } (} \ ) § ,_§ \( Wd- \§ _ :,o \z § r `~ -` §t` \ ,r „ �0. > »� \\o Packet Page Number 109G]6 1 Packet Page Number 110 of 164 H1. Attachment 16 H1. Attachment 16 Packet Page Number 111 of 164 y� t C S f r I, S{ � � +t '�:., . . 1 �T`i�.,.p i4�a,�.c,�� � f �r �y �t� �..= � icy, �$ > i .� rtfi ,�. ,,��{{ g � 1 "" �, �:. 5��' JX 'S `7"t"� � ` °� � ��, -: � �� :.. :.�� ��� �. ��a _, ", F��� ��`.� � . " � =� _ �,'-A �i r x 12- ati Y CQ THIS lftmrn% mad. this '11Y 01 190Q_, by in Co and between imm r,, — TmI v-1 of the Count:i--W.-F _ _ . ,7�� 0[ r�-' and 1;hv V11 a —of DamsoY COdrt", hUnn000tri a Munioipal Dorvdon I party Or 1'. r^: —G in coi,adern;i.6n roL, qv,, o,, ona Dollar (31.00;----- hwxA mid by t1l'i Paid vLd par L, Ubli udrtl, Cf U:U 1' jnrS dGea h.7rQby vn recd grant unto party o., the coo"d I'art) a.tj ria mOnt for Underground noY,,e;, main,,, pipes elli to or. np�mAicn;:p depth Of --2 .. foot ovor i! CCivsse x atrip of inna ii, the of UaplwvaQd R(MSDY County, 14LULL-40tu, "M roll=, Tho South firty fee, or the Wt fifty-three feot of the eVost rivo hujidrod t hirty-etght L-11 of F.53 of W-5313); rued, also, tho South t.onty foot or the foul four nundrwl Oignty-fS-10 feet (MCI ot )Y.495)1 of blk ".'On (10, Cilfton Addition, ncconftag to the plat thor,101' On IM0 and of r000rd In the Ofl'ite of the Roffiator •if Deeds in aW for HILaey Co,�qty; also The Weat thirty foul, of the 'Mout afl* hundred forty -raven foot of the East three likmarati nine r-- (W-50 of 1V-141 of E-309) of Blook Mine (9), Clifton AdtlitiarL, according to thm plat thonIDP On file and of r000rd in the office Of the Payt!BWE of Nadu in wii Por R=:Io�v 0ounVt subject to streets, which osoeront oritil !r.o'Odq the parpetw" right of paid III age of its nuoODABOra Or cnr'Sgng' to OOF1QtZuCtj RIMintainp ape rate and renal —HaRb"Mokwd L—F r andargr eavor malno. PiPLO "i nppurter.ancoo mor had noroom thq atr1p of land horvinbpraiv described, tob`uthcr kith ' -TPOtuftl 0"sAwnt for 1'npoaa cud ugrs", all without additional TO ILVE A -M) TO HOLD THE SAME, Together wish ail the hernd-'tn-.ent, and appurtenanouB th—to belongina, or in ex*vjxa app"tailling, to 1.3,u aaid paryy_. of tho saoord pert, 0.9 succoanoto and gouigno, :oruvor. IN TiSTJX'-M' The said part] of the first part has got ho-qd— "vi L'r)' year first ob.A ;j Dj TTY. ..... LO, INC. In theof- 13X ty 4A- fil� . ��;- r-T— Z.- STAR DEED TAX PAID AkJ— Me �i KILLEEN, Co. I tau. H1, Attachment 17 Packet Page Number 113 of 164 H1, Attachment 17 CXD STATS OF VI.MRSOTAJ 99' Cn this deyl df+.` 19_, before me, a Ca Notary public, within and for,'said Courityi'peraonally appeared N T-4 to ma !mown to be the person described in and who exeouted the foregoing instrument, and acknowledged that he_ executed the same ae _ free aot and deed. STATE OF WNESOTA) 99 CODNTY OF RAMSiY )) On thio w /v?ae —= day of �gL, 19i4 before mo, e Notary Publio within and for said County, personally appeared •to me personally ]mown, who, being reh, by me day sworn, did say that ^1` -may, the ' of the corporation named in the foregoing instrument, and that the seal affixed to saidinstrument is the corporate seal of said oorparation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and said said instrument to be the free act and deed of said corporation. v ,.. n,.lye M$ e'�VSANoi1 I�a= Calf 1% hllne. I •: ',`1?..f "W ], 1965. Packet Page Number 114 of 164 H1, Attachment 18 Engineering Plan Review PROJECT: Menard Inc. PROJECT NO: 20-02 COMMENTS BY: Jon Jarosch, P.E. — Assistant City Engineer DATE: 1-13-2020 PLAN SET: Engineering plans dated 12-12-2019 REPORTS: Stormwater Calculations — Dated 12-19-2019 The applicant is proposing to demolish the existing building and construct a new Menards store, outdoor yard, and accompanying site improvements. The applicant is also proposing to purchase six residential lots and incorporate them into the site. The applicant is requesting review of the current design and vacation of two utility easements. The amount of disturbance on this site is greater than '/2 acre. As such, the applicant is required to meet the City's stormwater quality, rate control, and other stormwater management requirements. Additionally, a portion of this project lies within the Shoreland Overlay District, which requires water quality improvements above and beyond those set forth in the City's standard stormwater management requirements. The applicant is proposing to meet the City stormwater management requirements via the use of an infiltration basin, a pond, and an underground stormwater storage system. From the information submitted, it appears that the proposed design meets the City's stormwater management requirements as it pertains to rate control. Further information is needed to ensure the project meets the City's volume reduction and additional Shoreland Overlay requirements as is further discussed in this report. As this property is being utilized in a similar means in the proposed condition, it is not anticipated that traffic will change greatly from the existing conditions. Negative impacts to the surrounding roadway network are not anticipated. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents and calculations for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management This site lies within the Keller Lake subwatershed. A majority of the site lies within the Shoreland Overlay District for Keller Lake as well. The existing site area (excluding the six residential lots) is 95% covered with impervious surfaces. This existing portion of the site is proposed to have a slight reduction in impervious surfaces due to additional greenspace and ponding areas. As such, no variance from the impervious surface coverage allowance is needed for this portion of the site. Packet Page Number 115 of 164 H1, Attachment 18 Staff is supportive of a shoreland overlay impervious surface coverage maximum of 80 percent for the newly incorporated residential lots portion of the site, requiring a 40% variance above ordinance limits. This bonus would require the inclusion of additional facilities for the treatment of runoff. To achieve the bonus, the applicant is required to infiltrate 1.65 -inches of runoff (a 50% increase over the standard volume reduction requirement) for all impervious surfaces above the 40% maximum allowed in the newly acquired residential lot portion of the site. The applicant is still required to meet the standard volume reduction requirements for the first 40% impervious. 1) A stormwater management report, and accompanying calculations shall be submitted detailing how the project is meeting the City's stormwater management requirements, as well as the additional requirements required to achieve impervious surface coverage bonuses required by the Shoreland Overlay Ordinance. 2) The project shall be submitted to the Ramsey -Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 3) A joint storm water maintenance agreement shall be prepared and signed by the owner for the proposed infiltration systems and storm sewer. The Owner shall submit a signed copy of the joint storm -water maintenance agreement with the Ramsey -Washington Metro Watershed District to the City. 4) Soil boring information shall be submitted to support the infiltration rates utilized in the stormwater calculations. 5) The underground stormwater storage systems shall contain adequate access points or cleanouts to ensure the system can be properly inspected and maintained. 6) Emergency overland overlflows shall be identified for the basins and underground storage system. These overflow areas shall be stabilized to prevent scour and erosion. Emergency overflows shall be routed such that they do not negatively impact neighboring properties. 7) Pre-treatment devices (sump manhole, etc.) shall be provided upstream of all discharge points into infiltration basins, ponds, underground stormwater systems, or offsite locations. 8) Additional storm sewer detail is needed on the plan sheets. The applicant shall provide pipe size, slopes, and material types on the plan view. Likewise, invert elevations shall be shown on the plan view of the site. 9) Minimum storm sewer pipe slope is 0.50%. 10) Scour protection (Rip -Rap, etc.) shall be provided at all storm sewer outlets. Packet Page Number 116 of 164 H1, Attachment 18 Grading and Erosion Control 11) A significant amount of fill is proposed in the southern portion of the site. The applicant shall ensure that the placement of this fill does not negatively impact the drainage on adjacent properties. Runoff from adjacent properties shall be accommodated by the proposed site design. This is particularly noteworthy in the southeast portion of the project. 12) An erosion control plan shall be provided prior to the issuance of any permits. 13) All slopes shall be 3H:1 V or flatter. 14) 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. 15) Perimeter control devices (Silt fence, Bio -rolls, etc.) are required and shall be shown on the erosion control plan. 16) A stabilized site entrance is required to minimize sediment tracking onto adjacent streets. The stabilized entrance shall be noted on the plans. 17) The proposed perimeter wall shall not block the flow of drainage from adjacent properties onto the site. This is particularly important along the southeast portion of the site. 18) Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 19) All pedestrian facilities shall be ADA compliant. 20) The total grading volume (cut/fill) shall be noted on the plans. 21) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 22) Infiltration basins shall be planted with plant types that thrive in areas subject to inundation by stormwater. A planting plan shall be submitted detailing plant species within the proposed infiltration areas. These plans are subject to review by the City's Natural Resources Coordinator. Packet Page Number 117 of 164 H1, Attachment 18 Sanitary Sewer and Water Service 23) The proposed sanitary sewer service is shown tying into the Metropolitan Council Interceptor Line along Maplewood Drive. This proposed connection shall be reviewed by the Metropolitan Council. All requirements of the Metropolitan Council shall be met prior to the issuance of permits from the City. 24) It is unclear from the plans which portions of the existing onsite sanitary sewer system are to remain, be removed, or be abandoned in place. The applicant shall provide additional details on changes to the sanitary sewer system. 25) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. 26) All modifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 27) All new sanitary sewer service piping shall be schedule 40 PVC or SDR35. Other 28) An existing right -turn lane currently accesses one of the existing entrances. Alterations to the existing site entrance locations off of Maplewood Drive are proposed, which make this turn lane obsolete. The applicant shall detail what alterations are proposed along Maplewood Drive. These modifications are subject to further review and requirements through the City's right-of-way ordinance. 29) The most southerly proposed site access is located within a long -bend in Maplewood Drive. The location of this entrance would require motorists seeking to head southbound on Maplewood Drive to look beyond 90 -degrees to view oncoming traffic. The applicant shall review the proposed entrance locations to ensure adequate sight distance is available. 30) A right-of-way permit and drainage permit shall be obtained from MnDot for any work done within the State right-of-way along Highway 61. 31) A right-of-way permit shall be obtained from Ramsey County for any work done within the County right-of-way along County Road B. 32) The Magellan Pipelines lie within an easement that crosses the middle of the property. The applicant shall have the project reviewed by Magellan Pipelines and meet any requirements they may have. 33) The applicant has requested the vacation of two existing utility easements on the property, described in easement document #1526919. These utility easements were Packet Page Number 118 of 164 H1, Attachment 18 initially obtained to cover sanitary sewer mainlines in the easement areas. These sanitary sewer mainlines have since been abandoned. Thus, these easements are no longer needed and staff agrees with their vacation. 34) The applicant shall ensure that no trees are planted over the existing sanitary sewer mainline along the southwest portion of the parking lot. 35) Access to public utilities within the site shall be maintained. The applicant shall ensure that adequate space is maintained from the proposed perimeter wall to these utilities. Public Works Permits The following permits are required at a minimum by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 36) City Right -Of -Way Permit 37) Demolition Permit 38) Grading and erosion control permit 39) Storm Sewer Permit 40) Sanitary Sewer Permit - END COMMENTS - Packet Page Number 119 of 164 H1, Attachment 19 Environmental Review Project: Menards Location: 2280 Maplewood Drive East Date of Plans: Tree Removals and Mitigation - December 20, 2019 Overall Landscape Plan — November 15, 2019 Date of Review: January 13, 2020 Reviewer: Shann Finwall, AICP, Environmental Planner Emily Dunlap, Natural Resources Coordinator Project Background Menards is proposing to redevelop their site at 2280 Maplewood Drive East with a new store. Six residential lots located along County Road B East will also be redeveloped as part of the store and storage yards. There are hundreds of significant trees located on the properties, much of the land to be redeveloped is located within the Shoreland Overlay District for Keller Lake, and there are infiltration basins proposed to help manage stormwater on the site. The applicant must comply with the City's tree preservation ordinance, Shoreland Overlay District, and infiltration basin plantings and overall landscape policies. Trees a. Tree Preservation Ordinance: Maplewood's tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. A specimen tree is 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. The calculation takes into account the size of a tree and bases replacement on that size. The calculation also allows credits to the final tree replacement when preserving specimen trees (defined as a healthy tree that is 28 inches in diameter or greater). b. Tree Impacts: There are 193 significant trees, equaling 3,293 diameter inches, of significant trees located on all properties included in the redevelopment. The applicant is proposing to remove all 193 significant trees. Not shown on the tree plan is grading work within the Maplewood Drive right-of-way, which will likely require the removal of additional trees. Based on the significant trees shown on the plan (not including right-of-way trees), the City's tree replacement calculation requires the replacement of 3,951.6 caliper inches of trees. The applicant's overall landscape plan includes 88 new trees, for a total of 181 caliper inches of replacement trees. This is 3,734.6 caliper inches (or 1,867 — 2 -caliper inch trees) less than City code Packet Page Number 120 of 164 H1, Attachment 19 requires. The applicant must modify the tree removal and planting plan to meet City code, or pay into the City's tree fund at a rate of $60 per caliper inch of tree that cannot be replaced on site. The current plan would require the applicant to pay $226,236 into the City's tree fund. Tree Preservation Recommendations: 1) Submit a revised tree plan with the following changes: a) Location, size, and species of all trees located in the Maplewood Drive right-of-way where grading will take place, and identify which of those trees will be removed. b) Preservation of the following trees: a) All existing trees south of the existing 8 -foot -tall fence and the properties at 1071, 1081 and 1101 County Road B. b) All existing trees between the County Road B East right-of- way line and the 30 -foot building and fence setback line. C) New tree removal calculations based on changes outlined above. d) Tree protection plan showing how trees scheduled to be preserved will be protected during development per the City's tree standards. 2) Submit a tree replacement plan with the following changes: a) Addition of trees around the green space and infiltration basin located on the west side of the lot, adjacent Maplewood Drive. b) Addition of trees within the Maplewood Drive right-of-way, adjacent the parking lot and building. 3) Submit a cash escrow or letter of credit to cover 150% of the tree replacement requirements. 2. Shoreland Overlay District a. Shoreland Ordinance: The property is located in the Shoreland Overlay District for Keller Lake. Keller Lake is classified as a Class III Public Water. City code allows up to 40 percent impervious surface coverage, or 60 percent with stormwater best management practice bonuses. b. Existing Conditions: The current Menard's property has 95 percent impervious surface coverage. Redevelopment of this portion of the property is proposed to have a slight reduction in impervious surfaces due to additional greenspace and ponding areas. Because of existing conditions, no variance is required for this Packet Page Number 121 of 164 H1, Attachment 19 portion of the development as long as there is less than 95 percent impervious surface. Shoreland District Impervious Surface Impacts: Three of the residential properties are located within the Shoreland Overlay District (58,781 square feet). The applicant is proposing 100 percent impervious surface coverage with the redevelopment of these sites. A 60 percent impervious surface coverage variance (or 40 percent impervious surface coverage variance if stormwater management best practice bonuses are applied) is required for this development. Shoreland Overlay District Recommendations: The applicant can reduce the amount of impervious surface by shifting the warehouse building away from the County Road B East right-of-way line by 30 feet as outlined in the staff report. Additionally, the applicant should work with the city engineer to implement stormwater best management practice bonuses such as the use of porous concrete to further reduce the amount of impervious surface. 3. Overall Landscaping Due to the likelihood of these species becoming invasive, the following plants listed in the Landscape Plan need to be substituted: a. Berens thunbergii `Rose Glow', Rose Glow Japanese Barberry b. Japanese barberry (Berberis thunbergii) is not allowed to be planted, due to its potential to become an invasive species in woodlands. Japanese barberry is spread by birds eating the fruit and dispersing seed to new locations. Even if a barberry shrub is not planted near a natural area, there is potential for the plant to spread unless it's a completely sterile cultivar. Twenty-six cultivars of Japanese barberry are listed under the Minnesota Noxious Weed Law in the Restricted category. These cultivars are being phased out of sale in Minnesota because they produce 600 seeds or greater per plant. The cultivar `Rose Glow' is included on that list. A recommended substitution for Japanese barberry is red osier dogwood. Euonymus alatus 'Compact us', Compact Burning bush. Due to its potential to become an invasive species, burning bush (Euonymus alatus) is not recommended. The shrubs can be prolific seeders and are spread to natural areas by birds eating the seeds. A longtime invasive species in the eastern US, burning bush is now starting to invade Minnesota woodlands. Suggested substitutes include serviceberry, chokeberry, or red osier dogwood. 4. Infiltration Basins All infiltration basins are required to be planted, ideally with deep-rooted native plants. The city requires a portion of the basin to be planted rather than seeded; typically a minimum of 5,000 square feet of plantings are required on large basins. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully Packet Page Number 122 of 164 H1, Attachment 19 from seed since the seed is washed away when stormwater flows into the basin. Please provide the following: a. A landscape drawing for each infiltration basin, including list of species, container size, spacing, and quantities. b. If proposing seeding the bottom of the basins, provide explanation of measures that will be taken to ensure seed does not wash away. For any area using a native seed mix (ex: pond slopes), provide information on maintenance for planting year, Year 2 and Year 3, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on this responsibility. Packet Page Number 123 of 164 H1, Attachment 20 COMMENTS ON MENARDS PROPOSAL FOR EXPANSION I searched the metro area and was unable to find an example of a big box protruding into a single- family residential neighborhood, where there was SRF directly adjacent on both sides and facing it across a street. Along County Road B - How tall is the fence? What is it made of? How far setback is it? What is the style? It is very difficult to provide comment when so little information has been provided. Since they've pretty much left it open to our imaginations, this is what I advocate would be appropriate given the very sensitive context: This design of wood wall (not fence, wall) with brick column accents, from the back side of their Brooklyn Park store: Notice none of the interior lighting is taller than the wall is. The outdoor storage building is behind this; notice you cannot see any of that either. With a very wide setback, like this one from the back side of their Blaine store: And this style of tall year-round landscape buffer, from their Oak Park Heights store: a Page 1 of 5 Packet Page Number 124 of 164 H1, Attachment 20 Except the tall evergreen landscaping should be thicker, and more diverse (resilient), so it looks more like this: If this is not agreeable, perhaps the applicant could provide detailed renderings that show exactly what they are proposing, so that they residents of the community can have a true opportunity to comment on the proposal. There is a prevailing setback established by the existing homes (approximate yellow line). In order not to impact the character the neighborhood, this prevailing setback should be honored and maintained. This would also help to: ■ decrease the amount of impervious area variance needed, ■ reduce the amount of stormwater management needed, ■ reduce the amount of tree replacement needed, and - most importantly — ■ provide a huge jump-start in buffering the neighbors from the proposed expansion by maintaining the very mature existing trees in the front yards. This setback is approximately 60 to 70 feet from the property line. Maintaining the existing articulation of frontage with mature trees, supplemented by additional evergreen trees, would go a long way to preserving the established It is fairly standard practice for chain development such as this, in urban areas such as this, to maximize the site layout and efficiency by providing stormwater management underground. Unless there is some water -table, soils, or other engineering reason for not doing so, this project should bury Page 2 of 5 Packet Page Number 125 of 164 H1, Attachment 20 the stormwater in order to re -configure the parking so that they can preserve the existing buffer (red ) that currently protects the soon-to-be "couched" residential properties (1071, 1081 & 1101). If the stormwater cannot be handled underground then the building could be converted to two stories or the outdoor storage areas could be reduced in size accordingly to accommodate the preservation of this important sound and noise buffer. It is also important that the existing (14 foot tall?) fence in this area be preserved. If the project cannot make the buffers and screening better, then at least don't make them any worse. There is an existing row of mature trees between 1101 and 1115 (L ). There are also some trees between 1155 & 2223 ( --r— - ). These already established buffers should also be preserved, again to protect the character of and reduce the impacts to 1101 & 2223. Looking north along propertl line between 1101 and 1115. line between 1101 and 1115. yXh 4 t , i line between 1155 and 2223. screening purposes: Regarding the exterior storage building: Why is there a strip of 4"-8" rip rap stone in front of the warehouse? That type of foundation treatment is not compatible with a residential neighborhood. Foundation plantings (of the same width and 3 feet on center) should be provided along the full length of the building to soften the appearance. And if those foundation plantings require mulch, a Page 3 of 5 Packet Page Number 126 of 164 H1, Attachment 20 regular wood mulch would be sufficient. Climbing ivy would also be a great addition to the landscape plan to help provide some interest to this VERY plain 23 foot tall, over 315 -foot long wall. ��Iluii. �u��ll�ll�l�i��a��II�IIB�Ii���lll��i���1IlwIl�lllu ¢ This building is at least as massive as putting eleven 3 -story houses shoulder to shoulder in the area where three 1 to 1.5 -story houses were previously. [Assuming an average house width of 32 feet.] Over -sized evergreen trees installed in front of this facade would help break up and hide the mass of this wall. Spacing tighter than the average recommendation with some stagger to provide overlap would be prudent. While the above-described landscaping will help, the building should also be relocated to meet the established prevailing setback. Regarding the look of the retail store: most of the recently constructed Mendards have a front facade of brick or a material that looks like brick and "wooden" piers with stone bases: Eden Prairie: Richfield (a two-story store): West St. Paul: l The Maplewood store is proposed to be tan split face block with concrete piers with tan block bases. O What happened to "the citizens that shop this store deserve to have the same experience as any other person at any other store"? There are multiple factors that make this proposal very invasive. First, the type of activity — the beeping of forklifts, the dropping of pallets, etc. is not just a commercial use, but is very warehouse/industrial-like in nature. Second, a large portion of it will be unenclosed, versus SFR which is almost completely enclosed. Third is the amount of activity. The use will consume the entire width and surface of the lots — not just a 1,000 sq. ft. footprint of a residence on a half -acre parcel, but a half acre of paved activity on a half -acre parcel. Light and noise bounces off pavement much greater than non -hard -surfaced areas. If granted as proposed, it very much will alter the essential character of the locality. Page 4 of 5 Packet Page Number 127 of 164 H1, Attachment 20 When Menards originally approached the residential property owners, they offered to purchase only a portion of our rear yards. See attached letter dated September 14, 2018. What this means is that there was at least a concept of a redevelopment plan that utilized only the area they were offering to purchase. It was the homeowners who responded and expressed interest in selling, but only if they purchase the entire property - none of us wanted to live any closer to them than we already do. The idea was that they would carve off (subdivide) what they need and resell the remaining (now smaller) residential lot to some new homeowner. In fact, to the best of my knowledge, all the sellers were required to keep the houses in 'functional' order due to the probability that the houses were not going to be demolished. I believe that any two uses can abut each other so long as there is respectful design. Menards may claim that such measures are unpresented - never have they had to provide ALL of the design elements outlined in this letter. In response, please invite them to share an example where single family residential is directly adjacent to the brickyard on both sides and facing it across a street. Rare circumstances call for rare solutions. Even if they are able to manifest a local example, please insist upon a more compatible design. We need more affordable housing, but reducing the desirability of our existing housing stock is not the way to achieve it. Menards may claim that the project does not work if substantial (or any) setbacks and buffers are required. In response, please invite them to share their proforma with your financial advisor. They are pushing to maximize the project (and therefore their profits) at the expense of the surrounding properties. They have the right to try this. It is the elected and appointed official's responsibility to protect against it. Please include the above -listed items as conditions of approval, first and foremost honoring the established prevailing setback. Respectfully submitted, Samantha Crosby 1133 County Road B, East Page 5 of 5 Packet Page Number 128 of 164 INC. September 14, 2018 Samantha Crosby 1133 County Road BE Maplewood, MN 55109 RE: Menards Property Purchase Ms. Crosby; H1, Attachment 20 U.S. Mail My name is Nick Brenner and I work in the real estate department at Menards. I am contacting you to see if you would have any interest in selling a portion of your property (portion of interest is outlined in red on the attached aerial). I would like to talk to you more about the project, your willingness to sell and your asking price. Whether or not you are interested in selling, if you could give me a call at 715-876-2177, I would greatly appreciate hearing from you. Sincerely, Menard, Inc. Nick Brenner Real Estate Representative Menard, Inc. — Properties 5101 Menard Drive Eau Claire, WI 54703 P: 715-876-2177 C: 715-577-0363 nbrenner@menard-inc.com 5101 MENARD DRIVE EAU CLAIRE, WI 54703-9625 PHONE (715) 87Pac eltlPage fVumb�r � 9 of 642868 H1, Attachment 20 x(�Z�rir21of Packet Page Number 130 of 164 H1, Attachment 21 The following notes are from Jean Anderson and Judy Zielinski at 2255 Duluth Street, Maplewood, which is directly behind the Menards store. We have quoted from the MENARDS document first and then followed by discussion that basically opposes what they wrote. At the end of this are some additional comments from both of us. MENARDS: "This request will actually improve traffic congestion on County Road B East, because six houses that have driveways directly onto County Road B East will be removed eliminating turn movements." REALLY???? We have noticed that for a couple years now the traffic has been very light on Co. Rd. B. One thing that probably helped is the English exit from Highway 36 which helps those coming to Menards and other homes in the area from avoiding Co. Rd. B. Six driveways will NOT impact this at all. They are long and those coming out of them can be facing the road and not backing up. This is a very poor argument from Menards. REALLY???? MENARDS: Conserving Property Values - "Property values in the immediate vicinity should not change with this request. Overall the appearance of this area will be better than it is today?" We found the following statement from this online resource: https://www.maxpropertiesllc.com/how-does-commercial- development-imp act -your -property -value/ "Any conscious, concerned homeowner is definitely going to want to know the impact of new or existing commercial property nearby on their property values. And much of the impact depends on the proximity to your property, according to a Homebase/The Center for Common Concerns report. Those larger commercial developments and projects as tend to have a much greater impact — a negative one — on your home values." There is no way that Menards is able to guarantee that our property value will not go down. Added to this the property taxes for the properties that will remain, [on Co. Rd. B and Duluth Street] WILL increase. There is nothing stated in this entire document regarding how this will affect our property taxes. If any remaining neighbor wants to sell their home in the future, this development will surely negatively impact their sale. MENARDS: "The outside yard may be getting closer to some residential properties." Because of this proximity to our properties, this will negatively impact our properties here on Duluth Street regarding our houses directly in back of Menards, with VERYlimited space between our properties. We are sure this impact will be felt with the homes left on the north side of Co. Rd. B. also. MENARDS: They have indicated that the outside yard may be getting closer to some residential properties but the accessory building, fence and landscaping will do wonders in keeping the noise and light from spilling out of the site onto adjacent lands. Perhaps you should ask those that live across Co. Rd. B., and also right behind the store [on Duluth St.], and how the light and noise will go over the fence when they are in their homes? When Menards mentions that the appearance of this area will be better — REALLY???? Basically they are changing an existing neighborhood and NOT improving it at all. There is a discrepancy as to the height of the fence and is it the same type of fence and size all around. Question: How is the noise and light not going to "spill out" to adiacent lands? Packet Page Number 131 of 164 H1, Attachment 21 MENARDS: "From a neighborhood perspective, not a lot is changing with this request." Are they serious? They are changing the whole face of this neighborhood. This is an old established neighborhood with well made, affordable, middle class houses, that have been well kept up with nice yards. The trees have been here for a very long time and it takes YEARS to get to where they are now. We know that an EIS is not necessary for this type of development, but we wish one would be done or at least looked at how this will affect the environment. Question: There is an old "sewer lift road" that runs from Co. Rd. B. adjacent to 1143 and 1155. Is this still active and how will it affect those homes around it? MENARDS: "Although the site is tight when it comes to fitting all the facilities, it will be much improved than what exists today." "Even with the additional property, the site is extremely tight and barely fits these facilities. Essentially there is only one plan that works for this site." In all of the comments from Menards it was mentioned at least twice [above], if not three times, that this property is an unusual shaped piece of land along with the problem of a gas line, and it is VERY TIGHT. They why are they even thinking of putting it here? Isn't there another location that can fit their needs better. MENARDS: "All of these items [Menards is proposing] will ease the transition between commercial and residential, meaning that neighboring property owners will be able to utilize their properties as they do today with very little, if any, change." However, this is really untrue. The changes will affect those that live next to the proposed development, behind the proposed development [Duluth Street], and across the street [on Co. Rd. B]. It will literally change the entire environment of our nice existing neighborhood. Is that what Menards means? To us, and this may also be a bit of emotion, Menards has ONLY ONE thing in mind and it is NOT the neighborhood that is being affected, NOT AT ALL!!!! QUESTION: How tall will the fence along Co. Rd. B. be? We were informed it would be 6 ft. Have you asked those that live on the opposite side of Co. Rd. B how they will be affected? We doubt it. We have heard that noise AND light will be shining into their front yard from Menards. Also homes on Day Road near Co. Rd. B. may be affected. MENARDS: "Menards desires to remain at this location. In order to make this happen the proposed project will need to move forward which means the requested rezone will need to be approved." From this paragraph Menards is indicating they need THIS PROPOSAL and not willing to compromise. Are they even willing to work with the city and especially the existing neighborhood at all? NOTE: We have spent a lot of thought and time on this and hope that our comments will mean something to the City of Maplewood when they make a decision. We have heard from others that are not even taking the time to put their thoughts/comments down on paper as they figure, "what Menards wants to do is what will happen." That is so wrong as we as neighbors should count way more than any sized business who wants to make major changes in the landscape of a neighborhood, should count. After all, it is OUR neighborhood, NOT Menards. We also hope that everyone who is involved with making the decision, which will impact several lives, will read this and other comments that are sent in opposing this development. If you have ANY questions on this, please call either Judy Zielinski [651-774-3161] or Jean Anderson [651-779-9274]. OUR ADDITIONAL COMMENTS: Packet Page Number 132 of 164 H1, Attachment 21 Environmentally there is a drastic change with the old trees on these properties. Large trees that have been there for years. This new change will drastically affect the look of our neighborhood and the homes of wildlife. Added to this the homes are older, well built structures that are affordable to middle class families. The ambiance of the neighborhood feel will be gone and with what — a fence that will be at the edge of Co. Rd. B. If the City Council decides to approve this construction, [which we are extremely against], there will be a LOT of noise pollution and poor air quality. In fact even now, every night at 10:00 p.m. Menard's has a "street cleaner" cleaning the south side where the lumbar yard is. They do this to avoid the dust from going down the sewer. During the construction, this will be multiplied many fold to keep it under control. Again, air pollution! Why doesn't Menards think about a 2 story store instead. There is one on University Avenue and it is a nice building for a smaller sized property. Perhaps Menards should think this through and change their plans. They mentioned at least twice that this location will be tight even with the homes being removed. Again, why go through all of this and not find another better "fit." We really wanted to be more "on task" and to give facts, which I believe we have done. But yes, there are emotions in this with many who live in the neighborhood. Our parents purchased the property on Duluth Street in the mid -50's, and built our home which was a part of farmland owned by one of the owners on Co. Rd. B. This was done BEFORE Maplewood was a city and called New Canada Township. This neighborhood is a quiet safe neighborhood. The neighbors know each other and look out for each other. We saw this comment on the Nextdoor website from someone who lives in this neighborhood: "There are over 10,000 caliper inches of trees keeping light and noise contained and directed towards the highway. The plan to replace those trees is a joke, and needs to be improved." Can these trees actually be removed???? We have concerns on what will be rezoned. Will this all be commercial or will it be a combined commercial/residential? And if commercial will this then open the door for more commercial ventures to come into our existing neighborhood and to lose additional homes. We need honesty here, please. If it is rezoned, is this a slippery slope to more developments invading our neighborhood? Thus more homes being torn down, more trees taken down, more families displaced, etc.? We wish our parents were still with us as they have a lot more knowledge of some issues they had with Menards. It has not always been a great relationship. We think our late father, Gordon Anderson, came to the Maplewood City Council on at least one occasion regarding Menards, though we could be wrong. It may have been regarding the height of the fence in the back of their building which abuts our back yard. One time Gordon and Judy spoke in front of the City Council when they noticed an error on the zoning of our property — 2255 Duluth. It was zoned commercial. The City Council agreed with Judy's take on this that it appears "someone" did made a "typo" on only our property and they voted to change it back to where it should have been — residential. Menards has also contacted our parents and us on selling our two lots so their trucks can have more room in the back of the store. They never really understood the word, NO, as we had to say this several times. They would have built a huge fence just a few feet from the back of our home and my parents could have stayed, for free, in the home. This would have really ruined the entire Duluth Street neighborhood. Menards makes the comments, "all of these items will ease the transition between commercial and residential." We find this reprehensible at the least. Are they living right in back of the building? No. Or on Co. Rd. B.? No. It certainly is amazing how Menards is able to make these and other statements they have made in this document with a straight face. We have read this document several times and going through various points, and it is almost humorous how the writers of this document is making this all sound so sweet, beautiful, and lovely — and to us it is nauseous. We apologize if we have offended anyone, but from their words, it is clear that they are trying to paint a picture that, "everything will be great, just let us do what we want to do with your neighborhood." Well, the two words, "your neighborhood," is very meaningful — this is OUR NEIGHBORHOOD and we want it to stay as beautiful as it is now. Thank you very much! Packet Page Number 133 of 164 1-11, Attachment 22 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 21, 2020 6:00 P.M. E. NEW BUSINESS 1. Menard Inc., 2280 Maplewood Drive a. Design Review and Lot Division Resolution i. Assistant Community Development Director, Michael Martin gave the report on the Design Review and Lot Division Resolution and answered questions of the board. ii. Applicant, Nicholas Brenner, Menard Inc., 5101 Menard Drive, Eau Claire, Wisconsin, addressed and answered questions of the board. The board had several concerns regarding the presentation of the applicant regarding building elevations, changes in the plans and building products being proposed. The board reauested the aaDlicant make substantial architectural imarovements to the building, the board prefers the building materials be made of brick and not concrete masonry, show the building variation in all facades, the building should have some articulation to break up the large expanses and long runs of the walls, show more architectural detailing in the base and cornice, board members prefer the green metal panels be improved with a different material, show revised elevations along County Road B and Maplewood Drive. Boardmember Ledvina moved to table the proposal for Menard Inc. for the Design Review and Lot Division Resolution until the next CDRB meetina. Seconded by Boardmember Thompson. Ayes — All The motion to table passed Packet Page Number 134 of 164 1-11, Attachment 23 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, FEBRUARY 24, 2020 4:30 P.M. F. UNFINISHED BUSINESS 2. Menard Inc., 2280 Maplewood Drive a. Design Review and Lot Division Resolution i. Assistant Community Development Director, Michael Martin gave the Menard Inc., 2280 Maplewood Drive Design Review and Lot Division Resolution report and answered questions of the board. ii. Applicant, Nicholas Brenner, Menard Inc., 5101 Menard Drive, Eau Claire, Wisconsin addressed and answered questions of the board. iii. Samantha Crosby, 1133 County Road B East, Maplewood addressed the board regarding the warehouse building and the minimum commercial setback to the residential properties across the street and the fence along County Road B. Boardmember Lamers recommended amending 8. e. revising the building elevations that the storage warehouse brick fagade should match building materials on the primary building. Boardmember Lamers moved to approve a resolution as stated in the staff report for the desian review Dlans amendina 8. e. that the storaae warehouse brick facade should match building materials on the primary building. Also recommending approval of the lot division to combine six residential parcels with the commercial parcel located at 2280 Maplewood Drive. (Changes to the staff conditions are in bold and underlined). Seconded by Boardmember Ledvina. Ayes — All The motion passed. This item goes to the city council on March 9, 2020. Packet Page Number 135 of 164 H1, Attachment 24 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 21, 2020 7:00 P.M. E. PUBLIC HEARING 3. Menard Inc., 2280 Maplewood Drive a. Comprehensive Plan Amendment Resolution (requires 4 Council votes) b. Zoning Map Amendment Ordinance (requires 4 Council votes) c. Conditional Use Permit Amendment, Setback Variances and Shoreland Overlay Variance Resolution i. Assistant Community Development Director, Michael Martin gave the report on Menard Inc., 2280 Maplewood Drive and answered questions of the commission. ii. Assistant Maplewood City Engineer, Jon Jarosch, addressed and answered questions of the commission. iii. Applicant, Nicholas Brenner, Menard Inc., 5101 Menard Drive, Eau Claire, Wisconsin, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. The following people spoke at the public hearing: 1. Jean Anderson, 2255 Duluth Street, Maplewood, spoke against the proposal. 2. Judy Zielinski, 2255 Duluth Street, Maplewood, spoke against the proposal. 3. Bill Skadde, 1112 County Road B East, Maplewood, spoke against the proposal. 4. Gretchen Hagen, 1112 County Road B East, Maplewood, spoke against the proposal. 5. Kevin Ristine, 1174 County Road B East, Maplewood, spoke in approval. 6. Debra Dupre, 1071 County Road B East, Maplewood, spoke against the proposal. 7. Catherine Dupre, 1071 County Road B East, Maplewood, spoke against the proposal. 8. Samantha Crosby, 1133 County Road B East, Maplewood, spoke against the proposal. 9. Taryn Fischbach, 1127 County Road B East, Maplewood, spoke in approval. 10. Timothy Skiffington, 1127 County Road B East, Maplewood, spoke in approval. Chairperson Arbuckle closed the public hearing. A. Commissioner Yang moved to approve the resolution approving the comprehensive Dlan amendment reauidina the residential Droaerties at 1115. 1127. 1133. 1137. 1143 and 1155 County Road B East from Low Density Residential to Mixed -Use — Community for Menard Inc. at 2280 Maplewood Drive as shown in the staff report. Seconded by Chairperson Arbuckle. Ayes - All The motion passed. Packet Page Number 136 of 164 1-11, Attachment 24 B. Commissioner Yang moved to approve an ordinance rezoning the properties at 1115, 1127, 1133, 1137, 1143 and 1155 County Road B East From R-1, single dwelling residential district to M-1, light manufacturing for Menard Inc. at 2280 Maplewood Drive as shown in the staff report. Seconded by Chairperson Arbuckle. Ayes — All The motion passed. C. Commissioner Yang moved to approve the conditional use permit amendment, setback variances and shoreland overlay variance resolution for Menard Inc. at 2280 Maplewood Drive as shown in the staff report. Seconded by Chairperson Arbuckle. Ayes — All The motion passed. 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For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 0) C CO 0/ rn LL tri L 0 0-0 / u 0 0 4� � UL7 N 0E 0 0 o lu R as /0_ 0 CL L- a) a) 0 �F- U 0 0 1 a CO W U) Z5 0 a� Cz M 0 Cz 0 W C L n, U �+ C 0� 0- C 4 � 1 :3 U) 0 0 a) r U) fes. �s 0 ryu W 0 C Q W U � C U) 0 0 a) N a) r 7 L LU I* U- Y+ For the permanent record Meeting Date: 03/09/2020 Agenda Item: Hl LL- ci 4-j Un D E M Q) X Q) Q) U 0 Q) c6 Q) U > U, 0 4—j ) Q) —Q) > E ILL UQI) E Do 0' > 4-j Q) 0 (UCD Ln 0xCr _0 _0 M -014-0 , >, Q 47- m -T o—c C C Q) E Q)D E E 0 Q)0 Q)Ulu Q) E Q) E E E DC %4-000 E E 0 0 Q) 0 0 U U Q)= U U U Q) Q) 0 > Q) Un , Q) Q) Q) V) 0 >MI V) V) .6 6 � Lij 4-j Un D E M Q) X Q) Q) U 0 Q) c6 Q) U > U, 0 4—j ) Q) —Q) > E ILL For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 W� i C L tri Ems V l T 0.— > if O > O ^ V 1 o Q•O M Q0 D -5 E C- u 'a--� T E O O O cn' V Q V o � O C5) .4- •� x O O Q� r2 E Ems ll!iMmi!m!l"� For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 e a -C'14 nkrMNh-,. 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S ii G 3 !i 0) C m ►� For the permanent record Meeting Date: 03/09/2020 C U a_' 0) CL � O E L-0 C O Ov O0 N Vi L Ja C CL Ln Ln cn �, c6 O•=� N O a --J •; O� V m Q O ca +� E= N N N+ 1 <CE�3 L For the permanent record Meeting Date: 03/09/2020 C U a_' 0) CL � O E L-0 C O Ov O0 N Vi L Ja I*: C CL 0) N O_ O� Q O ca +� E= cn N+ 1 <CE�3 I*: W� i +-j O w � m C � O >, M 4-' N O 4-j 0-) Q) C r I*: For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 C O .4-j Ln Q E O Ln +-j �T E 0) O C Q C- •— U— C (/j M Q) Q C: Ln O Ln �T V o CD - L � C �O —_ • Ln C6 W For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 Ems -0 O Q) Q) c6 �' E O 4-j Q) N 4-' E 0+- EE — V) O Q u D .M 0— 11 T = O .� Q) T � -�-j Q) Ln Ln V Ln �_ CT Q0 •� Q M.O N Ln Q '� `n 4-j '� •�� O O ` o >, 0 O -0 O �E Q M= O +-j a) , 4-jt�/� V 11 �•� T QL z v 0 Ems C O 4—J V O -1--0 C w E w c/1 LU V C For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 �� Ems a� a� �- +� `o1 T +-j C- + - � Q Ln C6 , L, .V E — �6 '4-, C N Ln C6 Ln � 0 _>� V . Ln 4-j i m`e• 0 a For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 to � cCs � � x L � L ° cn ° 0 C L 0 Q1 o CLrZ Mo aa) U rV E (� C U N N py Q (D Q CL N j N XU] ZM (a (D U U_ ©lz M E > Cu�� o vU rn ami° [CS M L N U M 2 �' %&'- E E > D 0 U �� a o 0 0 0 D �, a a� oCO ° ° a) a o CO m L❑ � N L � � J .�'' N > O F > D > O > O U 7 O L CX L Q> Q Q C13 Cu w M 0 Ca M ID 0 0 0 0° 0 0 0 o a0° 0 o sz CL City of Maplewood Sign -Up Sheet By putting your name and address on this sheet, you are requesting to address the City Council on the following topic for up to three minutes. Public Hearing: H1 — Menard Inc.. 2280 Maplewood Drive a. Public Hearin b. Cam reh.ensive Plan Amendment Resolution requires 4 Council Votes) c. Zoning Map Amendment Ordinance Re uires 4 Council Votes d. Conditional Use Permit Amendment Setback Variances and Shoreland Overlay Impervious Surface Variance Resolution e. Design Review and Lot Division Resolution f. Public Utility Easements Vacation Resolution Date: March 9. 2020 —Time: 7:00 PM f' I Name - First & La � st - (please print clearly) 2, 7 a 12. es 13. Arlrirpcc 1, 4 G q vm tju Ate+ cc Cc -S: Public Speaker Handout For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 Laborers'' AA10 81 E Little Canada Road International 1 MINNESOTA & St. Paul, MN 55117 Union of NORTH DAKOTA 651.653.9776 phone / 651.653.9776 fax North America Feel the Power Tim Mackey President & Business Manager Vill Menards Menards regularly employs a masonry contractor that has apparently engaged in wage theft, attempted misclassification fraud, and substandard construction practices on one of the retailer's projects in Apple Valley, Minnesota. LIUNA Minnesota & North Dakota represents more than 12,000 construction laborers, including many who live in Maplewood and across the Twin Cities metropolitan area. Our members are concerned that use of such a contractor on the Maplewood Menards project could expose workers and city residents to avoidable theft and safety risks. We urge the Maplewood City Council to take appropriate measures, including seeking additional information on Menards' plans to ensure that the abuses and practices reported on the Apple Valley project are not repeated before approving the proposed project. BlackRock Masonry, LLC is a Wisconsin -based masonry contractor that boasts on its website of having completed work on seven Menards projects, with five more in the pipeline, including the project in Apple Valley. BlackRock's relationship with Menards is so close that the retailer has evidently contracted directly with BlackRock, rather allowing the general contractor to pick the masonry subcontractor. Our staff was recently contacted by an immigrant worker who said that BlackRock had failed to pay him and a couple of his co-workers for their work on the Apple Valley project. Mr. Castillo told us that he and friends worked on the project for several days before quitting the job because the contractor had failed to provide and heat and cover the project, which Mr. Castillo, as an experienced bricklayer, believed was necessary for the mortar to cure properly. Mr. Castillo understood that he and co-workers with whom he was in contact would be paid for their work. When payment did not arrive, he described calling BlackRock and being told by a company representative that he might owe them money if he had not checked out of his hotel room in time. Mr. Castillo persisted in attempting to claim his wages by sending an email requesting payment to the email address listed on the company's website. The next day, Mr. Castillo received a response from a Mr. Travis Hanauer seemingly acknowledging that requested wages were owed, but proposing that Mr. Castillo receive his payment as an "independent subcontractor" because "you were never entered into our payroll system" -- evidently asking Mr. Castillo to participate in a misclassification fraud scheme which could have allowed BlackRock to avoid tax and other obligations. Public Speaker Handout For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 STATE OF Minnesota ) ) SS. COUNTY OF Ramsey ) Raul Castillo Hernandez, siendo debidamente juramentado, declara to siguiente: Me Ilamo Raul Castillo Hernandez y vivo en 213 Timberline Street, Victoria, Texas 77901. Soy albanil con mas que 20 anos de experiencia en construccion. Entre el 9 hasta el 14 de enero de 2020, yo trabajaba con un companero que se llama Ismael Garcia Crespo en la construccion de un almacen Menards en County Road 42 and Johnny Cake Ridge Road, Apple Valley, MN. Mi empleador en el proyecto era BlackRock Masonry, un contratista de albanileria con Bede en Fontanas, Wisconsin. Yo fui contratado por el "foreman" Juan Garcia, que era responsable por un equipo de albanileria de unos diez latinos, casi todos inmigrantes. Juan nunca me pidio Ilenar formas de empleo. Yo le pregunte a el si era necesario, pero el me dijo no, porque eramos empleos nuevos. EI tambien ofrecio vendernos papeles, como tarjeta de identidad y numero de seguro social, pero le dije que no los necesitaba porque ya tenia documentos legales. Cuando me ofrecieron el trabajo, me prometieron pagar $25 por hors sin beneficios y proporcionar una habitacion de hotel. Juan nos arregld un cuarto en un hotel, creo que fue LivINN Hotel en Burnsville. Pero el primer dia que yo trabajaba en el proyecto, Juan tambien nos dijo a todos que BlackRock cobraria a los empleados los costos del hotel para cualquier dia que no trabajaban, incluso si no podia trabajar por causa de enfermedad. Eso no me parecia justo. Cuando Ilegamos al sitio de trabajo el primer dia (9 de enero), nos dimos cuenta de que no habia cubrimiento ni calentamiento aunque hacia mucho frio. En albanileria es necesario cubrir y calentar el espacio y calentar la mezcla en temperaturas bajo de 40 grados fahrenheit, para que la mezcla puede curar adecuadamente. Yo le dije a Juan que porque no cubrian y calentaban pero el me dijo que estaba bien y no me debia preocupar. Estaba dificil trabajar en esas condiciones y muchos companeros quejaban pero los demas tenian miedo de decirle a Juan. "" LiUN"A! U4n R"" Fwd: Demand letter Raul Castillo <craul502l@gmail.com> To: kpranis@liunagroc.com ---------- Forwarded message --------- From: Raul Castillo <craul5021 @gmail.com> Date: Fri, Feb 14, 2020, 11:23 AM Subject: Re: Demand letter To: thanauer. . <thanauer@blackrockmasonry.build> Public Speaker Handout For the permanent record Meeting Date: 03/09/2020 Agenda Item: H1 Kevin Pranis <kpranis@liunagroc.com> Fri, Feb 14, 2020 at 11:25 AM I don't want to get trouble with taxes I do not have a business I am just bricklayer I just want to get paid as an employee that is what I was. I have been waiting too long. On Fri, Feb 7, 2020, 12:29 PM thanauer. . <thanauer@blackrockmasonry.build> wrote: Raul, Thanks for the email. We have no issue sending you guys a check for $750. Since you were never entered into our payroll system, we have to treat you as an independent subcontractor. I need each of you to fill out the attached W9 forms (one for Raul, one for Ismael, and one for Crespo). Please complete the following lines on the first page of the W9. There are three forms attached, one for each of you to complete. Please note, a check will be send to the address listed on the form, Line 5 (address) Line 6 (City, state, and zip) Part 1 Social Security Number "Sign Here" Line Date Once I get these forms completed and returned to me we can send a check. Best, Travis Hanauer Blackrock Masonry LLC (C)815-347-8957 www.blackrockmasonry. build On Thursday, February 6, 2020, 11:07:31 AM MST, Raul Castillo <craul502l@gmail.com> wrote: See attached. THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 138 of 164 11 CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Sable, Assistant City Manager/HR Director PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: 2019-2020 Collective Bargaining Agreement with International Association of Fire Fighters - Fire Officers - Local 4470 Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ✓ Contract/Agreement ❑ Proclamation Policy Issue: The existing union contract between the City of Maplewood and the International Association of Fire Fighters (IAFF) — Fire Fighters — Fire Officers, Local 4470 expired on December 31, 2018; and staff recommends the City Council approve a new two (2) year collective bargaining agreement. Recommended Action: Motion to approve the 2019 and 2020 Collective Bargaining Agreement between the City of Maplewood and the International Association of Fire Fighters — Fire Fighters — Fire Officers - Local 4470; and authorize the Mayor and City Manager to execute the contract on behalf of the City. Fiscal Impact: Is There a Fiscal Impact? ❑ No ✓ Yes, the true or estimated cost is $60,496 over 12 years. Financing source(s): ✓ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ❑ Other: n/a Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ❑ Operational Effectiveness ❑ Community Inclusiveness Background ❑ Targeted Redevelopment ❑ Infrastructure & Asset Mgmt. On January 13, 2020, the City Council was presented with a proposed contract agreement with the International Association of Fire Fighters (IAFF) — Fire Fighters — Fire Officers - Local 4470. During that discussion, the council indicated some concern over a specific provision in the contract as it relates to Mandatory Callback Pay at two times the regular salary rate. The Council directed staff to return to the bargaining table and renegotiate that provision. Packet Page Number 139 of 164 11 Since the January 13, 2020 meeting, staff met with labor representatives of Local 4470 on two separate occasions in an attempt to reach a new tentative agreement. After much discussion, the provision for two times the regular salary rate for Mandatory Callbacks was removed from the agreement and is now presented to Council with that change. By way of background, the membership of the International Association of Fire Fighters (IAFF) — Fire Fighters — Fire Officers - Local 4470 has 3 employees in the job classification of Captain Fire Fighter/EMT or Fire Fighter/Paramedic. The current two-year contract was previously approved for the term January 1, 2017- December 31, 2018. Although the existing contract expired on December 31, 2018, the Public Employee Labor Relations Act (PELRA) outlined in state statute requires the current contract remain a legally binding document until a new agreement is reached. On August 27, 2018, the City Council met in closed session to discuss strategy and to provide direction. Since that time there have been several negotiation meetings with each of the bargaining groups to discuss contracts. The most recent update and discussion with the Council was a closed session on December 10, 2018 to consider strategies, review offers received from the bargaining units, analyze fiscal considerations, and to develop negotiation positions for counter-proposal(s). The following value propositions provide the framework for which tentative agreements have been reached with 6 of the 7 collective bargaining agreements. The City Council shall discuss the impacts of the proposed contract and whether the contract meets the goals of the City. • The proposed contract is in alignment with direction given from City Council in previous closed sessions. • Internal equity. General wage adjustments established at 3.0% for fiscal years 2019 and 2020 continues an established internal compensation pattern. • External market. General wage adjustments established at 3.0% for fiscal years 2019 and 2020 maintains the city's rank in the external market. For the purpose of Maplewood, the Stanton 5 group is our referenced comparable. A majority of the positions in the City are at or above the 601h percentile. • Employer's ability to pay. Compensation and benefits do not compromise the fiscal health of the City and fit within the parameters of the revenue generated from the City's tax levy; as well as budgeted expenditures approved in the 2019 budget. • Valuing City employees and other economic factors. Compensation and benefits are competitive in the market which has and will continue to favorably position the City to retain and recruit employees. The following summarizes the most significant changes in the new 2 -year collective bargaining agreement with IAFF — Fire Fighter — Fire Officers - Local 4470: • Compensation/Wages. 1. Annual wage adjustment as follows: ■ 2019: 3.0% on January 111 ■ 2020: 3.0% on January 111 Packet Page Number 140 of 164 11 2. Adjust the step schedule as follows: ■ After 5 years of service becomes 4 years of service ■ After 7 years of service becomes 6 years of service ■ After 12 years of service becomes 8 years of service ■ After 15 years of service is eliminated ■ After 20 years of service becomes 12 years of service The step schedule is reduced from the current nine (9) steps down to eight (8) steps and compresses the step schedule from 20 years to 12 years. This reduction in the number of steps, and the compression of the schedule is done to mirror the contract language that exists in the Police Sergeants Collective Bargaining Agreement. The role of Fire Captain is similar in supervisory responsibilities to that of a Police Sergeant, including training, coaching, mentoring, and day-to-day supervision of staff. This attempt to build internal equity in the collective bargaining agreements of supervisory staff positions in the City well in to the future. • Clothing and Equipment Provides each SWAT medic up to $400.00 per year for clothing and equipment. Health Insurance. No changes to health benefits. The City received a 0% premium increase for 2019 and proposes to maintain the current cost participation splits between the City and the employee. For 2020, or year two of the contract, the City proposes a contract re -opener. Given the uncertainly of premiums, there are too many variables and risk to insurance terms. The City has an established "Insurance Committee"; with representation from both management and union employees. Any deviations from the allocation splits will need to be approved [via contract addendum]. Tuition Reimbursement. The contract language references the City's personnel policy regarding education assistance and becomes the new language. Funeral/Bereavement Leave. This is a new provision that is consistent with the Police Officers and Police Sergeants collective bargaining agreements. Mandatory Callback. No change to the existing contract language. Pay for callbacks (planned and unplanned) will be paid at 1.5 times the base rate of pay. Attachments 1. Redline Draft of the 2019-2020 Collective Bargaining Agreement Packet Page Number 141 of 164 11, Attachment 1 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF MAPLEWOOD, MN F."I 0 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS - FIRE FIGHTERS LOCAL 4470 — O Fire Officers January 1, 20197- through December 31, 20204-9 Packet Page Number 142 of 164 11, Attachment 1 Table of Contents ARTICLE I PURPOSE AND INTENT..........................................................22-2 ARTICLE II RECOGNITION.........................................................................22-2- ARTICLE III DEFINITIONS...........................................................................22-2 ARTICLE IV ASSOCIATION SECURITY ......................................................349 ARTICLE V EMPLOYER AUTHORITY ........................................................444 ARTICLE VI GRIEVANCE PROCEDURE ....................................................444 ARTICLE VII NON-DISCRIMINATION ..........................................................666 ARTICLE VIII SENIORITY.............................................................................7:7-7- ARTICLE IX ANNUAL LEAVE.....................................................................899 ARTICLE X INSURANCE...........................................................................9-9-9 ARTICLE XI CLOTHING AND EQUIPMENT.........................................124�? I� ARTICLE XII HOURS ............................................................................13121- ARTICLE XIII HOLIDAYS.......................................................................14x414 ARTICLE XIV TUITION REIMBURSEMENT ...........................................151x15 ARTICLE XV DISCIPLINE......................................................................161rx5 ARTICLE XVI WAGES.............................................................................161640 ARTICLE XVII INJURY ON DUTY - SALARY CONTINUATION ..............181x17 ARTICLE XVIII WORKING OUT OF CLASSIFICATION...........................19140 ARTICLE XIX BEREAVEMENT/FUNERAL LEAVE. ....................... 169 ARTICLE XIX WAIVER AND SA VINGS CLAUSE ............................. 19916 Packet Page Number 143 of 164 11, Attachment 1 ARTICLE I PURPOSE AND INTENT This Agreement entered into as of January 1, 2019- between the City of Maplewood, Minnesota, Municipal Corporation, hereinafter called "EMPLOYER" and /or "City", and the International Association of Firefighters, Fire Officers, Local 4470-0 hereinafter called the "ASSOCIATION" and/or "Union" and/or "Collective Bargaining Group" and/or "Group." It is the intent and purpose of this agreement to: 1.1 Establish certain hours, wages and other conditions of employment; 1.2 Establish procedures for the equitable and peaceful resolution of disputes concerning this agreement's interpretation and/or application; 1.3 Specify the full and complete understanding of the parties; and 1.4 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this agreement. The Employer and the Collective Bargaining Group through this agreement, continue their dedication to the highest quality public service. Both Parties recognize this agreement as a pledge of this dedication. ARTICLE II RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the Exclusive Representative for the following classifications: Fire Captain — EMT Fire Captain — Paramedic 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. ARTICLE III DEFINITIONS 3.1 Association: International Association of Fire Fighters, Local 4470-0. 3.2 Association Member: A Member in good standing of Local 4470-0, IAFF. 3.3 Bargaining Unit Seniority: Seniority as a Member of this Bargaining Unit. 3.4 Continuous Service: Unceasing service from last date of hire, including approved paid leaves of absence and unpaid leaves of less than one pay period. 3.5 Days: Unless otherwise indicated, days mean calendar days. 3.6 Emergency Call Back: Immediate return of an employee to perform assigned duties at the express authorization of the EMPLOYER at a time other than regular assigned shift. An extension of, or early report to, a regular assigned shift is not a call back Packet Page Number 144 of 164 11, Attachment 1 3.7 Employee: A member of the International Association of Fire Fighters, Local 4470, covered by this AGREEMENT. 3.8 Employer: City of Maplewood, Minnesota. 3.9 Job Class Seniority: Employee's length of continuous service in a job class. 3.10 Layoff: Separation from service with the EMPLOYER, necessitated by lack of work, lack of funds, or other reasons without reference to competence, misconduct, or other behavioral considerations. 3.11 Leave of Absence: An approved absence from work duty during a scheduled work period with or without compensation. 3.12 Meal Break: A period during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available in the event activity would dictate their immediate return to duty. 3.13 Probationary Period: The first twelve (12) months of service of a newly hired or rehired Employee. 3.14 Promotion: A change of an Employee from a position in one job classification to a position in another job classification with higher maximum compensation. Assignments are not promotions and are temporary in nature at the discretion of the Fire Chief. 3.15 Rest Break: Periods during the scheduled shift during which the Employee remains on continual duty, not conducting the regular tasks and responsibilities of the position, however is available and in close proximity, in the event activity would dictate their immediate return to duty. 3.16 Scheduled Shift: A consecutive work period including rest breaks and a meal break. 3.18 Strike: Concerted action in failing to report for duty, the willful absence from one's position, the stoppage of work, slow -down, or abstinence in whole or in part from the full, faithful and proper performance of the duties of employment for the purposes of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges or obligations of employment. ARTICLE IV ASSOCIATION SECURITY 4.1 In recognition of the ASSOCIATION as the certified exclusive representative of the listed classifications of personnel specified in 2.1, the EMPLOYER shall deduct from the wages of employees, such a deduction an amount sufficient to provide payment of dues established by the ASSOCIATION. Such monies shall be divided equally between the first and second pay -period of the month and shall be remitted to the appropriate designated Officer of the ASSOCIATION. Dues appeals or challenges may be filed in accordance with State Statute. Packet Page Number 145 of 164 11, Attachment 1 4.2 The ASSOCIATION may designate two employees plus one alternate from the bargaining unit to act as steward and representatives and shall inform the EMPLOYER in writing of such choices within thirty (30) days of such selection. 4.3 The EMPLOYER shall make space available on a bulletin board for posting ASSOCIATION notices and announcements. 4.4 Officers of the ASSOCIATION shall be allowed reasonable time off without pay, with prior approval of their immediate supervisor for the purpose of conducting ASSOCIATION business as provided by State Statute, when such time away from their normal work duties will not unduly interfere with the operation of the department. Officers of the ASSOCIATION shall be allowed leaves of absence without pay, when requested, to fulfill their duties as ASSOCIATION Officers as allowed by State Statute. 4.5 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER in accordance with the provisions of this Article. ARTICLE V EMPLOYER AUTHORITY 5.1 The EMPLOYER retains the full and unrestricted right to operate and manage all staff, facility and equipment; to establish functions and programs; to set and amend policies, procedures and budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules, and perform any inherent managerial function not specifically limited by this AGREEMENT. 5.2 The ASSOCIATION agrees that any managerial right not specifically limited by this AGREEMENT shall remain solely within the discretion of the EMPLOYER. 5.3 The ASSOCIATION agrees that during the life of this AGREEMENT that the ASSOCIATION will not cause, encourage, participate in, or support any strike, slowdown, or other interruption of, or interference with, the normal functions of the EMPLOYER. ARTICLE VI GRIEVANCE PROCEDURE 6.1 For purpose of this AGREEMENT, the term "grievance" means any dispute between the EMPLOYER and the Employee(s) concerning the interpretation or application of the specific terms and conditions of this AGREEMENT. Both parties recognize that should a provision of this AGREEMENT be specifically in conflict with an Employment Rule, this AGREEMENT shall prevail; any Employment Rule not directly modified or abridged by this AGREEMENT shall remain in full force. The EMPLOYER and the ASSOCIATION agree to the following grievance procedure. Each step of the procedure shall be strictly adhered to or the grievance shall be deemed withdrawn. Packet Page Number 146 of 164 11, Attachment 1 6.2 First Step: The Employee, with or without the Steward, shall take up the grievance or dispute with the Employee's immediate supervisor within twenty-one (21) days of the date of the grievance or the Employee's knowledge of its occurrence. The Supervisor shall attempt to resolve the matter and shall respond to the Employee within ten (10) days. If the immediate supervisor is the Department Head, the grievance procedure shall begin at the second step. 6.3 Second Step: If the grievance is not resolved in the first step, the ASSOCIATION shall present the grievance, in writing, to the Department Head within fourteen (14) days after the Supervisor's response is due. All grievances shall state the facts upon which they are based, when they occurred, the specific provision(s) of the AGREEMENT allegedly violated, the remedy requested, the avenue through which redress is sought, and shall be signed by an Officer of the Local. References to Officer of the Local for the purposes of this Article shall mean; the President, Vice -President or Steward. If such written request is made, the Department Head, or his/her designee, shall meet with the Employee and the Steward within fourteen (14) days after the date of receipt of this request. The Department Head shall give a written answer to the Steward within fourteen (14) days after the meeting. 6.4 Third Step: If the grievance is not resolved in the Second Step, the ASSOCIATION shall notify the City Manager of their desire to appeal the grievance. Said written appeal must be served upon the City Manager within twenty-one (21) days after receipt of the Department Head's Second Step response. If such request is made, the grievance shall be reviewed at a meeting between the City Manager, management staff determined by the City Manager as necessary, Association President, and/or Representative, within fifteen (15) days after receipt by the City Manager of the notice of desire to appeal. A written answer shall be given by the City Manager within fifteen (15) days after the date of the Third Step meeting. Any grievance not appealed, in writing, to Step Four by the ASSOCIATION, shall be considered withdrawn. 6.5 Fourth Step: If both parties, having exhausted the grievance steps provided herein, cannot settle the grievance, the ASSOCIATION may submit the issue in dispute to binding arbitration within fifteen (15) days of receipt of the Third Step answer and shall notify the City Manager, in writing, of its intent to do so. The ASSOCIATION will request the Minnesota Bureau of Mediation Services to submit a list of seven (7) names from which the parties shall, within fourteen (14) days after receipt of such list, select the arbitrator by striking alternately one name each and the remaining person shall be the arbitrator. A toss of the coin shall determine who shall strike the first name. 6.6 An arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force or effect of law. The arbitrator shall submit their decision in writing within thirty (30) days following the Packet Page Number 147 of 164 11, Attachment 1 close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. 6.7 The fees and expenses for the arbitrator's service and proceedings shall be borne equally between the parties, except that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be borne equally for said record. 6.8 If a grievance is not presented within the time limits set forth above, it shall be considered withdrawn. If a grievance is not appealed to the next step within the time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and may appeal the grievance to the next step. The time limit in each step may be extended only by mutual agreement of the EMPLOYER and the ASSOCIATION in each step. 6.9 Should a grievance involve the suspension, demotion, or discharge of an Employee who has completed the required probationary period, the grievance shall be initiated at Step Three. If appealed to the procedure outlined in Step Three a written appeal must be served on the City Manager within ten (10) days after the Employee's receipt of the notice of suspension, demotion, or discharge. An Employee pursuing a statutory remedy is precluded from also pursuing an appeal under this procedure unless otherwise required by law. Selection of any procedure other than Step three shall terminate the Employee's right to seek redress under this Article. 6.10 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours, only when consistent with such Employee's duties and responsibilities. The aggrieved Employee and the Steward shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours, provided the Employee and the Steward have notified and received the approval of their immediate supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. Meetings held during a steward's non -working hours will not be paid time. ARTICLE VII NON-DISCRIMINATION The provisions of this Agreement shall be applied to all Employees in the Bargaining Group without discrimination as to age, sex, marital status, race, color, creed, sexual orientation, national origin or political affiliation. The Bargaining Group and the Employer agree to meet and confer to discuss accommodations for "qualified" disabled Employees as the need arises, consistent with the intent of the Americans with Disabilities' Act. Packet Page Number 148 of 164 11, Attachment 1 ARTICLE VIII SENIORITY 8.1 Seniority is defined as a regular Employee's length of continuous service with the EMPLOYER since the Employee's last hire date. No time shall be deducted from an Employee's seniority due to approved paid absences, or unpaid absences of less than a full pay period. 8.2 Bargaining Unit Seniority: is defined as the length of continuous service to the Employer within the Bargaining Unit as a full time Employee. Employees with the same hire date shall be given seniority ranking based on the Employee's final accumulative score obtained in the hiring process.date e# birth With the date FeGeiViRg a hitcher FaRkiRg 8.3 An Employee's Bargaining Unit seniority shall be terminated: a) If the Employee resigns, retires, is permanently transferred outside the Bargaining Unit for longer than six months, or is discharged. b) If, when recalled to work following a layoff, the Employee fails to return to work within twenty-one (21) days after the EMPLOYER sends a written notice of recall by certified mail to the Employee's last address on record with the EMPLOYER. C) When an Employee has been laid off for a period in excess of twelve (12) consecutive months. 8.4 When it is necessary to reduce the number of Employees, probationary Employees will be laid off first. The EMPLOYER agrees that, in laying off, it will lay off Employees according to seniority (providing the remaining Employees have the ability, or can be trained, to perform the remaining work). Employees shall be recalled following such layoffs in reverse order of layoff. 8.5 Any former Employee of the City may be rehired only under the condition of a new employee and no seniority or prior service will be given, except as expressly provided by this AGREEMENT. 8.6 All Employees will serve an additional probationary period of six months when promoted to a rank in which the Employee has not served a probationary period. 8.7 Employees will be permitted to voluntarily switch shifts with prior authorization from the Assistant Chief or their designee. The voluntary switching of shifts shall be between the Employees, once approved, and shall not obligate the EMPLOYER to overtime or callback pay. WaG le frem Fore FOG se aRR61ally G jht@E§]9hifts will ht levels -re Peedei-I Lqr. A-Ply shiftEMPLOYER. T�, Shifts May be-rem'a��e �dr'-r�essarry' by the EMPPLOYER. The Packet Page Number 149 of 164 11, Attachment 1 Req leGtG f9r mG_ro 4h;n GRe nGnconi ItNXP_ PeFiGd (3 Weeks) Feq iiroc DepartmeRt Head apprey,3 8.8 Tours and/or Shifts will be bid annuallv on a senioritv basis. onlv for Emplovees who have completed their initial probationary period provided the Employer reserves the right, when faced with unexpected or unplanned need, to assign an Employee without regard to seniority if the need of the department requires it. If the EMPLOYER determines that different staffinq levels are needed on any tour and/or shift, tours and/ or shifts may be re -bid as deemed necessary by the EMPLOYER. The Chief will determine the number of each mob class to be scheduled on each crew and shift prior to tour and/or shift bidding. The Fire Chief and the Association President may agree to re -bidding earlier than scheduled if situations occur warrantina such modification. Each quarter, employees may select one vacation period by seniority. A vacation period is defined as one or more consecutive work days per the prescribed tour and/or shift schedule; not to exceed one shift rotation (3 weeks). Requests for more than one consecutive vacation period (greater than 3 weeks) requires Department Head approval. ARTICLE IX ANNUAL LEAVE 9.1 The EMPLOYER shall provide Annual Leave as described in the City of Maplewood Personnel Policies with the following exceptions: Employees on a 2,912 hours per year annual schedule shall accrue: a. Nine 24 --hour annual leave days (216 hours) per year in years one through four of continuous service to the City; and b. Twelve 24 --hour annual leave days (288 hours) per year in years five through eleven of continuous service to the City; and c. Fourteen 24 --hour annual leave days (336 hours) per year in years twelve through twenty of continuous service to the City; and d. Sixteen 24® -hour annual leave days (384 hours) per year in years twenty-one and above of continuous service to the City. 9.2 Annual Leave shall not accrue during unpaid leaves. Regular Part -Time Employees shall accrue Annual Leave on a pro -rated basis, based on regular hours worked. Annual Leave will accrue on a pay -period basis for up to 694 for a 2912 hours per year schedule. Employees can carry over up to their full balance as long as the total balance never exceeds the hour cap. No additional accrual will occur above the cap. Employees working schedules other than a 2912 hour schedule Packet Page Number 150 of 164 11, Attachment 1 shall accrue and bank annual leave on a pro rata basis compared to the 2080 hour per year schedule accrual. (increased or decreased proportionally) 9.4 Unpaid Leave — Unpaid leaves may be approved in accordance with the City Personnel Policies. Employees must normally use all accrued annual leave prior to taking an unpaid leave. If the leave qualifies under Parenting Leave or Family Medical Leave, the Employee may retain a balance of fifty (50) hours when going on an unpaid leave. Any exceptions to this policy must be approved by the City Manager. 9.5 Annual Leave Conversion — Annual Leave will be eligible for conversion to cash or deferred compensation on a one-for-one basis (subject to IRS maximum deferral regulations) annually subject to the following conditions. Up to 40% of the Annual Leave balance, not to exceed one hundred thirty-three (133) hours, may be converted each year provided the Employee has used a minimum of 30% of their Annual Accrual during the current calendar year and has a minimum balance of at least on hundred ninety (190) hours. The minimum balance requirement will be determined as of the first payroll in December and will be based on the Employee's current hourly rate on December 1. 9.6 Benefit eligibility is not affected by shift length. When employees are absent from their scheduled shift, they will use the number of hours of accrued annual leave that equal the numbers of hours absent. 9.7 Annual leave accrual, use, maximums, and conversion allowances and requirements where they differ from the Personnel Policies, will be pro -rated based on the number of scheduled hours per year. 9.8 Approval of City paid hours in lieu of Annual Leave usage for hours spent at approved training that benefits the City will be reasonably considered by the Fire Chief. ARTICLE X INSURANCE 20197 Health Care Costs/Contributions 10.1 Health Insurance — For all full-time employees hired prior to January 1, 2013, the employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the "HDHP") for either the Medica Elect/Essential or Medica Choice plans. The Employer shall contribute towards the cost for insurance as follows: a. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. i. The term actively participated shall be as determined by the Labor -Management Wellness Committee. b. $1,900 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage in either the Medica Elect/Essential Plan or Medica Choice plan. Packet Page Number 151 of 164 11, Attachment 1 c. $3,200 annually into a HRA for those employees who elect family coverage in either the Medica Elect/Essential Plan or Medica Choice Plan. d. The City shall make such deposits for single or family HRA contributions by way of pro -rata. The City will also provide a funding option which shall be available to any employee who requires earlier funding of the City's contribution due to medical event(s). In such case, the Employee shall make a request for funding to the Human Resources Coordinator and shall provide documentation supporting such request. The City shall also make a resource person available on a regular basis to the Employees to assist them with paperwork and billing issues related to the HDHP. e. As an incentive to participate in the Wellness Program, the City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor -Management Wellness Committee. At the employee's option the employee may choose to receive up to 12 hours of annual leave or 12 hours of vacation pay (for those employees still on the vacation sick plan) in lieu of receiving the contribution into the Employee's HRA. 10.2 For all employees hired after January 1, 2013, the following shall apply a. The employer will pay 100% of the cost of employee (single) health insurance premium less $20, and 50% plus $45 toward the cost of the monthly dependent health insurance premium for the High Deductible Health Plan (hereafter the "HDHP") for the Medica Elect/Essential plan. For any employee who chooses to participate in any other plan offered by the City, if any, the City will contribute an amount equal to the actual dollar amounts paid for single HDHP coverage towards the monthly premiums for other such plans for single coverage, and an amount equal to the actual dollar amounts paid for family HDHP coverage for families toward the monthly premiums for such plans for family coverage and the employee shall be responsible to pay any difference over and above such contributions. The Employer shall contribute towards the cost for insurance as follows: i. $20 per month credit towards single health care insurance for those employees who are deemed to have actively participated in the City provided Wellness Plan. 1. The term actively participated shall be as determined by the Labor -Management Wellness Committee. ii. $1,700 annually into a Health Reimbursement Account (HRA) for those employees who elect single coverage. For newly hired employees who have successfully completed one year of employment, the contribution shall be $1800.00. iii. $2,700 annually into a HRA for those employees who elect family coverage. For newly hired employees who have successfully Packet Page Number 152 of 164 11, Attachment 1 completed one year of employment, the contribution for family coverage shall be $2,800.00. b. The City shall contribute up to $450 annually toward the Employee HRA for those Employees who have been determined to have actively participated in the Wellness Program as determined by the Labor - Management Wellness Committee. At the employee's option the employee may choose to receive up to 12 hours of annual leave in lieu of receiving the contribution into the Employee's HRA. 20198 Health Care Costs/Contributions The Employer and the Employee mutually agree to re -open this contract in 2019- to negotiate 2020 health insurance costs/contributions. The re -opener is exclusive to health care. The Employer and the Employee further agrees to actively engage in labor-management discussions and planning with regard to future citywide health insurance offerings. It is the city's expectation that a global agreement will be reached by the city's insurance committee. In the event health insurance provision of this agreement fail to meet the requirements of the Affordable Care Act and/or any other new federal legislation; or cause the Employer to be subject to a penalty, tax, or fine, the Union and the Employer will meet immediately to negotiate alternative provisions. If an agreement regarding 2020 Health Care Costs/Contributions cannot be reached through a global effort by the city's insurance committee, both parties agree to resolve the dispute through mediation. 10.3 Any changes that are presented at renewal will be discussed through the Insurance Labor — Management Committee process. The EMPLOYER shall pay one hundred percent (100%) of the cost of the employee (single) dental insurance premium. These benefits apply to full-time Employees only. 10.4 Life Insurance — The EMPLOYER shall provide a term life insurance policy with a benefit value of thirty-five thousand dollars ($35,000) for all full-time Employees. Full -Time employees may purchase additional coverage at the Employee's own expense under the plan. 10.5 Long -Term Disability Insurance - The EMPLOYER will provide long-term disability insurance with the cost of such being fully paid by the EMPLOYER. Such Long -Term Disability Insurance shall be coordinated with other benefits provided in this AGREEMENT and with other disability payments. Employees are not eligible for Annual Leave Accrual while receiving Long - Term Disability payment except for hours on payroll using accrued leave. In no case will an Employee receive more than 100% of their pre -disability wage while out on disability leave. Packet Page Number 153 of 164 11, Attachment 1 10.6 Short -Term Disability Insurance — The EMPLOYER agrees to provide optional short-term disability insurance coverage for all regular employees who work 20 or more hours per week. Employees may elect this optional coverage at the Employee's cost. 10.7 Retiree Health Savings Plan (RHS) - The city agrees to provide a retiree health savings plan with the following plan specifications: a. Participant and benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and no years of service requirement. b. Benefits will be limited to insurance premiums (health, dental, long-term care premiums, Medicare Part B, and Medicare supplements) and out-of- pocket expenses described as eligible by the IRS. 1. The RHS plan will be funded by severance pay as follows: 100% of accrued annual leave and personal holidays would be deposited into the RHS plan if the employee's balance is at least 80 hours at the time of separation from service and the employee is at least age 40. If under 80 hours or under age 40, nothing would go in. 2. The RHS plan will be funded with annual deposits as follows: All employees will have the cash value of all personal holiday hours unused as of December 31 deposited into the RHS plan. 3. The RHS plan will be funded with bi-weekly deposits as follows: All employees will have a $50.00 payroll deduction deposited into the RHS plan. ARTICLE XI CLOTHING AND EQUIPMENT 11.1 The EMPLOYER will provide each new Employee an initial issue of uniforms and equipment as per the uniform list which shall include: four long sleeve shirts, four short sleeve shirts, four pair pants, one tie, one summer jacket, one winter jacket, belt, station boots, 4 station t -shirts, one stocking hat, badges, name plates and all insignia's. Thereafter the EMPLOYER will provide each Employee four hundred ($400.00) per year for necessary replacement of uniform items due to normal wear and tear. 11.2 The EMPLOYER will provide each SWAT medic four hundred ($400.00) per year for clothing and equipment. Clothing and Equipment balances may be carried over from year to year, not to exceed a one-year amount. Packet Page Number 154 of 164 11, Attachment 1 44-4 Clothing and equipment severely damaged in the line of duty will be replaced by the EMPLOYER at no cost to the Employee. Clothing and Equipment balances may be carried over from year to year; not to exceed a one year amount. ARTICLE XII HOURS 12.1 The standard payroll period for the Fire Department is two weeks. Employees shall normally take Meal Breaks and Rest Breaks during each Scheduled Shift as time and circumstances permit while remaining on continual duty. Such meal and rest periods may be interrupted. 12.2 It is anticipated that further scheduling, hours and shift coverage discussions will have to occur as the needs of the Department change, the parties agree to hold these discussions in good faith. 12.3 Compensation for overtime will not be paid unless the work is performed at the direction, or with the approval of, the Chief or his/her designee. 12.4 EMERGENCY CALLOUT - An Employee called immediately back to work at a time other than the Employee's normal scheduled shift shall receive a minimum of two (2) hours pay at time and a half. Reporting early for a shift or the extension of a shift shall not qualify for the two-hour minimum. To receive the minimum two (2) hours callback pay described in 12.4, Employees must arrive at the station or scene within twenty (20) minutes of the call out and before being cancelled. If an Employee is cancelled prior to arrival at a scene or the station, the Employee will receive two hours of straight time, instead of overtime. Employees arriving later than twenty (20) minutes from the time of the call, but before being cancelled, shall be compensated at the rate of time and one-half for only actual hours worked beginning with time of arrival. 12.5 SCHEDULED MEDICAL ONCALL -If authorized by the EMPLOYER for scheduled medic on call, employees will receive 114 hour for each hour authorized to be on call. 12.6 Overtime shall be distributed as equally as practicable and will be calculated to the nearest fifteen (15) minutes. Overtime distribution for paramedics will be determined separately from overtime distribution for non -paramedics. Employees have an obligation to work overtime, and to respond to call backs as ordered, unless circumstances prevent them from doing so. 12.7 For purposes of computing overtime, hours will not be pyramided, compounded, or paid twice for the same hours worked. 12.8 EMERGENCY MEDICAL CALLOUT - Fire Department Paramedics shall be issued two-way communications for the purpose of providing emergency medical support. An Employee approved to respond to the medical emergency will receive a minimum of two hours at time and a half. 12.9 When there is a vacancy or an employee in training, schedule changes will be Packet Page Number 155 of 164 11, Attachment 1 communicated as soon as practicable. When the Fire Department is fully staffed, any permanent schedule changes affecting days off will be communicated as soon as possible but normally with no less than two (2) v.4ee -s n^+i^aweeks' noico prior to the change. Notice of adjusted starting times on a scheduled day will normally occur at least forty-eight (48) hours in advance of the change when the Employer has at least that much notice of the need for a change. Regular shift overtime available due to vacation time requested semi-annually pursuant to Article 8.8 ("Bid Overtime"4w+14 will be offered to bargaining unit Employees prior to being offered outside the bargaining unit and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well.. Any other vacation or time off that has not been bid through the semi-annual bid process (Non -Bid Overtime") will be filled at the discretion of the Fire Chief who shall reasonably consider Association Members first for such overtime when possible and so long as minimum staffing levels acceptable to EMPLOYER are maintained with regard to medics required on staff for the shift in question, then the Fire Chief shall also reasonably consider Association Members for coverage of all Captains shifts as well. Any Bid Overtime still remaining available seven (7) days prior to the shift(s) to be so covered shall be offered to any employees in any manner deemed at the sole discretion of the Chief or his designee to be in the best interests of the Fire Department. Paramedic shifts shall only be filled by other paramedics unless otherwise authorized by the Fire Chief, EMT shifts can only be filled by other EMT's unless otherwise authorized by the Fire Chief. When off duty Employees are scheduled to attend a meeting which gets cancelled with less than twenty-four (24) he hours' notice, the Employee will receive two (2) hours of pay. When at least one (1) week notice is given for regular scheduled meetings, the minimum pay shall be one (1) hour rather than two (2) hours. 12.10 The Fire Chief has the authority to change schedules and cancel vacations for previously unscheduled - unanticipated major events, disasters, and emergencies, if necessary. ARTICLE XIII HOLIDAYS 13.1 Designated Holidays — All Full -Time Employees shall be entitled to observe the following ten (10) statutory holidays and shall be compensated at their regular rate of pay for these holidays if on paid status at the time of any of the following Holidays (prorated based on annual schedule): 1. New Year's Day January 1St 2. Martin Luther King's Birthday 3rd Monday in January Packet Page Number 156 of 164 3. President's Day 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Christmas Day 3rd Monday in February Last Monday in May July 4th 1St Monday in September November 11 th 4th Thursday in November 4th Friday in November December 25th 11, Attachment 1 The number of holiday hours for Employees covered by this AGREEMENT who do not work twenty-four (24) hour shifts will be proportional (based on their annual schedule) to those who work 2,080 hours per year. The number of holiday hours for EMPLOYEES covered by the AGREEMENT who do work twenty-four (24) hour shifts will be one hundred twenty (120) hours per year. 13.2 Employees who actually work at least half of a shift on either Thanksgiving Day or Christmas Day shall receive double-time for all hours actually worked on these Holidays instead of time and one-half. Those Employees who work on Easter Sunday shall be paid at time and one half for any such hours worked on Easter Sunday. 13.3 If an Employee is not scheduled to work on a holiday and they are eligible for holiday pay, they will receive no more than the hours specified for their annual schedule. If they work an actual holiday, they will receive the prescribed number hours of holiday pay plus time and one-half for all hours worked on the day. If an Employee uses approved leave on a holiday that they were scheduled to work, they will not receive overtime. Time and one-half for working on a holiday, as provided above, shall be for hours worked on the "actual" holiday as opposed to the "observed" holiday. 13.4 Personal Holidays. In addition to the holidays listed in 13.1, Full -Time Employees working 24 hour shifts shall receive seventy-two (72) hours of Personal Holiday time per year. Full -Time employees who do not work 24 hour shifts will receive Personal Holiday hours prorated based on their annual schedule. The date of such Personal Holiday shall be requested by the EMPLOYEE and approved by the EMPLOYER. ARTICLE XIV TUITION REIMBURSEMENT 14.1 The Citv's Tuition Reimbursement Proaram as outlined in the Personnel Polic will be applied to members of this barciaininc determiped- by the ■_ .0 @ deght Packet Page Number 157 of 164 11, Attachment 1 14.2 Employees who receive city -paid paramedic schooling, will reimburse the Employer for books and tuition if they voluntarily leave employment within two (2) years of completion. ARTICLE XV DISCIPLINE 15.1 The EMPLOYER will discipline only for just cause. 15.2 Discipline, when administered, will normally be in one or more of the following forms: A. Oral reprimand B. Written Reprimand C. Suspension D. Discharge or disciplinary demotion 15.3 All disciplinary action shall be in written form with copies placed in the Employee's personnel file. 15.4 Disciplinary action which is to become part of an Employee's personnel file shall be read and acknowledged by signature of the Employee. Such signature does not imply an admission of guilt. The ASSOCIATION and the Employee will receive a copy of such disciplinary action and/or notices. 15.5 An Employee who is the subject of an investigation that may result in disciplinary action to that Employee may have a Representative of the ASSOCIATION present during questioning. It will be the responsibility of the Employee to make a request for a Representative and it will be the Employee's responsibility to have the Representative present during questioning. Questioning will be conducted at reasonable times, to be scheduled by the EMPLOYER. 15.6 Employee personnel files shall be subject to the Minnesota Data Practices Act. Employees may examine their own individual personnel files at reasonable times under the direct supervision of the EMPLOYER. 15.7 The EMPLOYER will remove old disciplinary letters after five (5) years if no further discipline has occurred within that five-year period. At the request of the Employee, oral reprimands shall be removed from the personnel files after one year provided the Employee has not been involved in progressive disciplinary action. ARTICLE XVI WAGES Packet Page Number 158 of 164 11, Attachment 1 16.1 Employees shall receive a 3.02-.5% general wage adjustment January 1, 2019-7 and a 3.02-.5% general wage adjustment on January 1, 20204-8; according to the following schedule: A. WAGE SCHEDULE EFFECTIVE JANUARY 1, 20197- (Bi -Weekly) Entry FIRE 2-,52-4-.N CAPTAIN/ EMT 2,664.7-7 2978.94 CAPT / PARAMEDIC �7 2-,639-.53 3,111100./84 After 1 year 2,694.02 ',Q= 944.24 -3068.31 2 Fttl 24,47-. 7 °� 3,204.16 �9 After 2 years 263 3;036:66 3160.35 � 3-,089-.2-63},3}(0]0.29 After 3 years 3,070:44 3,241.27- 3255.17 d 3-,244-.58 3,399.30 After 4 year 3-,594-:48 3;3 24 3,678.44 3352.82 3,501.27 After65 years 3,156.63 3,332.67- ;3327After 3419.88 3,30244 3,571.30 After 87 years 3,193.58 3 ,V-9'7462 3,488.27 3-,344-.0 3,642.73 After 12 years 33,22 3,4 40.59 3},55p8./0�4 6 3}.7/155.�5�8 After X15 ye.�rc �300.4]3J d�''c65 3,448.04 34, 07-." After 20 deer& ,363." 297 � 4,551 .18 .��''FTT.T�pV d�d-t'�d@ 3,715.58 B. WAGE SCHEDULE EFFECTIVE JANUARY 1, 20204-8 (Bi -Weekly) Entry FIRE CAPTAIN/ EMT 2-,587—.10 3,068.31 CAPT / PARAMEDIC ' ,�- 3-7 z ',7r -x 642 3,204.16 After 1 year 2,764-37 3,160.35 2,899-.44 3,300.29 After 2 years 2-,94W-.57 3,255.17 3,274,24 27TT4 3-,083-." 3,399.30 After 3 years 3;3350 3;446 3,352.82 3;469 37 3,501.27 After 4 years 3,453.40 3,606.31 After 65 years 3;43�?65 3 3 W 3,522.47 3-,594-:48 3;3 24 3,678.44 After 87 years 3,273-42 z77 �T 3;633:46 Packet Page Number 159 of 164 11, Attachment 1 3,592.92 3,752.01 X47 "'''' '5 3,664.78 3-464. 3,827.05 After 12 years �o , After 15 ye 3-347-" d-�. 3-502—." 3_1 -- AfteF 20 ye arc '2�/I�o Z Lam= 6 dC 16.2 Deferred Compensation. In addition to the rates provided in 13.1 the city will contribute up to one hundred fifty dollars ($150) per month in deferred compensation, provided the Employee agrees to match Employer's contribution of one hundred fifty ($150) per month. The Employer agrees that if the Employee desires to contribute a lesser amount then the Employer shall match that lesser amount as well. The Employee agrees to have the funds deposited in an approved deferred compensation plan. This benefit will be pro -rated for regular part-time employees. For Captain/EMTs and Captain/Paramedics with at least 10 years of experience, the City shall increase the amount of deferred comp available if matched by the Employee by fifty dollars ($50.00) per month. Fire Captains working while no higher ranking officer is on duty for the shift receive a supplemental payment of approximately $2.00 per hour. The amount of hours worked that are eligible for fire supplemental pay have been averaged pursuant to agreement between the parties and incorporated into the pay scales as stated above. ARTICLE XVII INJURY ON DUTY- SALARY CONTINUATION 17.1 Leave of absence with pay shall be granted to Employees who become incapacitated as a result of injury or occupational disease incurred through no misconduct of their own while in actual performance of City assigned duties. This shall exclude any injuries sustained while performing any voluntary off-duty services for which payment is made by a contracting party other than the City. 17.2 Such injury leave shall extend for a maximum of one hundred fifty (150) calendar days, unless it is determined sooner by competent medical authority approved by the City Manager, that the Employee can return to any duties for which the Employee may be capable and qualified. At the discretion of the City Manager, the injured Employee may be required to submit to a medical examination at any time by a physician selected by the City. 17.3 During such injury leave, the EMPLOYER shall pay the Employee's full regular pay rate, either as direct payment from salary funds or as Worker's Compensation insurance benefits, or both, but the total amount paid for loss of time from work shall not exceed the full regular rate of pay such Employee would have received for the period. Such injury leave shall not be charged against the Employee's annual leave. All payments made to the Employee will be reduced by the total amount of all other injury related benefits for which the Employee is provided as a result of the injury. The Employee must apply for all benefits for which the Employee is eligible as a result of public employment, as soon as the Employee is eligible. The EMPLOYER reserves the right to refuse injury -on -duty Packet Page Number 160 of 164 11, Attachment 1 pay if such application is not made. In order to receive injury -on -duty pay, the illness or injury must be eligible under worker's compensation. 17.4 An Employee who is physically incapacitated and who fails to report within eight (8) hours, followed by a written report within twenty-four (24) hours, any injury, however minor, to his/her supervisor and to take such first aid or medical treatment as may be necessary under the circumstances, shall not be eligible for injury leave as outlined above. ARTICLE XVIII WORKING OUT OF CLASSIFICATION An Employee who is assigned at the sole discretion of the EMPLOYER to perform the work duties and accept the full responsibilities of a higher classification—shall receive the starting rate of pay or a minimum of 5% above their normal pay rate for all hours worked at that higher classification for the assignment. ARTICLE XIX FUNERAL/BEREAVEMENT LEAVE A maximum of up to three (3) shifts of funeral/bereavement leave with pay shall be extended to a regular full-time EMPLOYEE upon the death of a member of the immediate family of said EMPLOYEE or his/her spouse (i.e., spouse, children, grandchildren, parents, grandparents, brothers, sisters, brothers-in-law, sisters-in-law, or guardian). Any leave beyond one shift, up to a maximum of three shifts, to be on approval of department head or authorized designee. The actual amount of time off, and funeral leave approved, will be determined by the department head depending on individual circumstances (such as closeness of the relative, arrangements to be made, distance to the funeral, etc.) ARTICLE XIX WAIVERAND SAVINGS CLAUSE 19.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of the AGREEMENT are hereby eHPeFGedeGIsuperseded. 19.2 The parties acknowledge that during the negotiations that resulted in this AGREEMENT, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. All agreements and understanding arrived at by the parties are set forth in writing in this Agreement for the stipulated duration of this AGREEMENT. 19.3 During the term of this AGREEMENT the EMPLOYER and the ASSOCIATION each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this AGREEMENT. 19.4 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Maplewood. In the event any provision of this Agreement shall be held to be contrary to law by a Court of competent Packet Page Number 161 of 164 11, Attachment 1 jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions of this AGREEMENT shall continue in full force and effect. The voided provision shall be negotiated at the request of either party. ARTICLE XX DURATION 20.1 This AGREEMENT shall be effective on the 1St of January 2019-7. and shall remain in full force and effect through December 31St, 2020-4-9. It shall automatically renew from year to year thereafter unless either party shall notify the other in writing in conformance with the Public Employment Labor Relations Act of 1971, et. Seq. that it desires to modify this AGREEMENT. In the event such written notice is given, and a new contract is not signed before the expiration date of the old contact, said contract is to continue in full force and effect until a new contract is signed. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this the day of , 2020- _ . FOR THE CITY: FOR THE ASSOCIATION: Marylee Abrams, Mayor Melinda Coleman, City Manager Michael nn9 F-6�kSable, Asst. City Manager Packet Page Number 162 of 164 V CITY COUNCIL STAFF REPORT Meeting Date March 9, 2020 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Jeff Thomson, Community Development Director PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Purchase Agreement with INH Property for the Sale of City -Owned Property at 2501 Londin Lane Action Requested: ✓ Motion ❑ Discussion ❑ Public Hearing Form of Action: ❑ Resolution ❑ Ordinance ❑ Contract/Agreement ❑ Proclamation Policy Issue: The City of Maplewood has received a purchase offer for the City -owned property at 2501 Londin Lane East. Recommended Action: Upon completion of the closed session, the council may consider approval of the purchase agreement during the regular meeting open session if the council agrees with the draft agreement: Motion to approve the purchase agreement with INH Properties for the sale of city -owned property at 2501 Londin Lane. Fiscal Impact: Is There a Fiscal Impact? ✓ No ❑ Yes, the true or estimated cost is $0. Financing source(s): ❑ Adopted Budget ❑ Budget Modification ❑ New Revenue Source ❑ Use of Reserves ✓ Other: The sale of City -owned property would result in the City receiving funds from the sale, which would be allocated to the Fire Station Fund. Strategic Plan Relevance: ❑ Financial Sustainability ❑ Integrated Communication ✓ Targeted Redevelopment ✓ Operational Effectiveness ❑ Community Inclusiveness ❑ Infrastructure & Asset Mgmt. The sale of the city -owned property is consistent with the city's strategic plan. The city is selling the property for fair market value which ensures the city is a good steward of the city's capital assets. The proceeds from the sale will be dedicated to the Fire Station Fund, with potential use for construction of the new fire station. Lastly, the redevelopment project proposed by the buyer — 140 units of market -rate housing — is consistent with the city's 2040 comprehensive plan policies related to land use and housing. Packet Page Number 163 of 164 Y Background The purpose of this agenda item is to consider an offer to purchase City -owned property located at 2501 Londin Lane. The property has historically been used as a fire station. The fire station went dormant several years ago and the building has largely been used for storage. Most recently the building has been leased for storage of a mobile dental trailer. Based on the discussion during the closed session, the council should consider approval of the purchase agreement consistent with the terms discussed by the council during the closed session. Attachments None Packet Page Number 164 of 164 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (the "Agreement") is made as of this day of , 2020 (the "Effective Date"), by and between the city of Maplewood, a municipal corporation under the laws of Minnesota (the "Seller"), and INH Property Management, Inc., a Minnesota business corporation, and/or its successors and assigns (the "Buyer"). The Seller and the Buyer are each referred to herein as a "Party" or collectively as the "Parties." The Effective Date written above shall be the date this Agreement is signed by the second Party. WHEREAS, the Seller is the owner of the real property located at 2501 Londin Lane East, Maplewood, Minnesota 55109, in Ramsey County, Minnesota (PID No. 122822120001), and consisting of approximately 5.92 acres, which property is legally described on Exhibit A attached hereto (the "Property"); and WHEREAS, the Seller wishes to sell and the Buyer wishes to purchase the Property under certain terms and conditions as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties hereby agree as follows: Offer/Acceptance for Sale of Property. The Seller hereby agrees to sell the Property to the Buyer and the Buyer hereby agrees to purchase the same, pursuant to the terms and conditions of this Agreement. 2. Purchase Price and Terms. The total purchase price for the Property is one million six - hundred and ten thousand dollars ($1,610,000.00) (the "Purchase Price"). 3. Closing. The closing on the purchase and sale of the Property (the "Closing") shall occur on June 30, 2020 (the "Closing Date"), or such earlier date as the Parties may agree upon, at the Seller's office, or at such other location as the Parties may agree. 4. Terms. Earnest Money. Within five business days after the Effective Date, the sum of twenty thousand dollars ($20,000) (the "Earnest Money") shall be paid by the Buyer to the Seller and shall held in escrow by First American Title Insurance Company, d/b/a Tri -County Abstract & Title Guaranty in St. Cloud, Minnesota (the "Title Company") until Closing, to be applied to the Purchase Price on the Closing Date or otherwise disbursed or applied as provided in this Agreement. b. Balance Due Seller. Subj ect to performance by the Seller, the Buyer agrees to pay by cash, check or electronic transfer of funds on the Closing Date the remaining balance of the Purchase Price, as adjusted by prorations, reductions and credits as provided in this Agreement, due to the Seller according to the terms of this Agreement. 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 Deed/Marketable Title. Subject to performance by the Buyer, the Seller agrees to execute and deliver on the Closing Date a quit claim deed conveying title to the Property to the Buyer (the "Deed"), free and clear of all encumbrances, except the Permitted Exceptions (as hereinafter defined). The Deed shall expressly reserve public drainage and utility easement along the perimeter of the Property, and said easement shall be ten (10) feet in width along public right-of-way and five (5) feet in width at all other locations. 5. Documents. In addition to the Deed required at paragraph 4(c) above, the following documents shall be in approved form, executed by the Seller's representative(s) either before or at Closing, and delivered by the Seller at Closing: A standard form Affidavit of Seller; A "bring -down" certificate, certifying that all of the warranties made by the Seller in this Agreement remain true as of the Closing Date; A certificate that the Seller is not a foreign national; d. A well disclosure certificate, if required, or, if there is no well on the Property, the Deed given pursuant to paragraph 4(c) above must include the following statement: "The Seller certifies that the Seller does not know of any wells on the described real property."; A Methamphetamine Disclosure Certificate, if required; Copies of any written lease or similar agreements affecting the Property, if any, and details of any oral lease agreements affecting the Property, if any, and evidence of the termination of any such agreements; and g. Any other documents reasonably required by the Buyer's title insurance company or attorney to evidence that title to the Property is marketable and that the Seller has complied with the terms of this Agreement. 6. Contingencies. The Buyer's obligation to buy the Property from the Seller is contingent upon the following: The Buyer's determination of marketable title pursuant to this Agreement; ii. The Buyer's determination that the results of any environmental investigation or inspection of the Property conducted pursuant to this Agreement are satisfactory to the Buyer; 2 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 iii. The Buyer's determination that the Property may be used for the development for which the Buyer anticipates utilizing the Property, including any land use approvals required from the city of Maplewood and/or any other governmental agency that must approve the Buyer's proposed use of the Property; iv. The Buyer's determination, in the Buyer's sole and absolute discretion, on or before the Closing Date, that it has obtained financing, on terms acceptable to the Buyer, for the purchase of the Property; V. The Buyer's determination on or before the Closing Date that there have been no material adverse changes in the physical, title, zoning, or other condition of the Property; and vi. After the Effective Date and on or before the Closing Date (the "Inspection Period"), the Buyer will have the absolute right to cancel this Agreement by written notice for any reason whatsoever, in the Buyer's sole and absolute discretion, in the event (a) the Buyer is unsatisfied with Buyer's review of the Seller's Property Information (as defined herein) and of the results of any matters disclosed by the Buyer's review, inspection, investigation and testing of the Property (collectively, the "Inspections"), including without limitation, analysis of any conditions affecting the Property, zoning restrictions, governmental approvals and permits, easements and covenants, access and parking, utility availability, connections and access, surveys, engineering inspections, soils, geotechnical, wetland, Phase I and Phase II environmental and other reports, which the Buyer in its sole and absolute discretion deems necessary and appropriate; or (b) the Buyer determines in its sole and absolute discretion that the Property is not suitable or feasible for the Buyer's intended use of the Property. During the Inspection Period, the Seller shall allow the Buyer, and the Buyer's agents, physical access to the Property without charge at all reasonable times and upon not less than 48 hours advance notice to the Seller for the purpose of the Buyer's Inspections. The Seller shall, within 20 days after the Effective Date, deliver to the Buyer copies of all items in the Seller's possession or control of all surveys, title insurance policies, property tax statements, zoning information, licenses, permits, governmental approvals, easements, covenants, restrictions, and any other documents relating to the Property (collectively, the "Seller's Property Information"). The Buyer shall have until the Closing Date to remove these contingencies. If the Buyer needs additional time to complete its land use approvals with the city of Maplewood, and/or any other approval by any other governmental agency, the 3 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 Parties may agree in writing to extend the Closing Date for up to an additional 60 days but only for the purpose of completing such approvals. Such extension of the Closing Date shall not extend the Inspection Period. The above contingencies are solely for the benefit of the Buyer and may be waived by the Buyer. If the Buyer or its attorney gives written notice to the Seller that the contingencies are duly satisfied or waived, the Buyer and the Seller shall proceed to close the transaction as contemplated herein. If any contingency has not been satisfied or expressly waived by the Buyer on or before the end of the Inspection Period, then the Buyer may at its option terminate this Agreement, without liability, by written notice to the Seller at any time on or before the end of the Inspection Period. Upon such termination of this Agreement, the Earnest Money and any accrued interest thereon shall be refunded to the Buyer within five (5) business days after such termination. If the Buyer fails to notify the Seller in writing before the end of the Inspection Period of its option to terminate this Agreement, all contingencies shall be deemed satisfied or waived except the contingency related to obtaining land use or other governmental approvals if the Closing Date has been extended beyond the end of the Inspection Period for such purpose. b. The Seller's obligation to sell the Property to the Buyer is contingent on the following: Approval of this Agreement by the Seller's governing body; and ii. A determination by the Seller's governing body that the provisions of Minnesota Statutes, section 462.356, subdivision 2 are satisfied. The Seller shall remove the above contingencies by no later than forty-five (45) days after the Effective Date. These contingencies may not be waived. If one or more of the contingencies is not satisfied, or is not satisfied on time, this Agreement, and the Buyer's and the Seller's obligations hereunder, shall thereupon be terminated at no liability to the Buyer, and the Earnest Money and any accrued interest thereon be refunded to the Buyer within five (5) business days after such termination of the Agreement. As a contingent Agreement, the termination of this Agreement is not required pursuant to Minnesota Statutes, Section 559.2 1, et. seq. 7. Title Examination/Curing Title Defects. The Seller shall, at its expense and within 20 business days after the Effective Date, obtain and provide to the Buyer a commitment for title insurance ("Title Evidence") for the Property insuring title thereto in the full amount of the Purchase Price. The Buyer shall have twenty (20) business days after receipt of the Title Evidence to examine the same and to deliver written objections to title, if any, to the Seller. Any matter shown in the Title Evidence to which the Buyer has not made an objection shall be a "Permitted Exception" under this Agreement. Following its receipt of the Buyer's written objections to title, the Seller shall have forty-five (45) days (the "Cure Period") to make commercially reasonable efforts to correct all objections, in its sole discretion, during which period the Closing will be postponed as necessary. The Seller shall have no obligation to cure any defects in the title of the Property, and if any objections 4 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 are not cured within the Cure Period and the Seller has informed the Buyer that it will undertake no further efforts to cure the objections to title, the Buyer will have the option to do any of the following: (i) terminate this Agreement and receive a full refund of all Earnest Money and any accrued interest thereon; (ii) extend the Cure Period so long as the Seller is making a good faith effort, with demonstrated progress, at the Buyer's sole and absolute discretion for a period mutually agreed upon by the Parties; or (iii) waive the objections and proceed to close in which case the Buyer shall be deemed to have accepted the Property subject to any and all uncured objections, and such accepted objections shall be deemed Permitted Exceptions. 8. Seller Representations and Warranties. The Seller hereby represents and warrants to the Buyer now and as of the Closing Date that: Title. The Seller has good and marketable fee simple title to the Property, subject only to such encumbrances which are of record or are otherwise specified herein. There are no unrecorded leases or licenses affecting the Property except for those expressly detailed herein. b. Condemnation. There is no pending or, to the actual knowledge of the Seller, threatened condemnation or similar proceeding affecting the Property or any portion thereof, and the Seller has no actual knowledge that any such action is contemplated. Defects. The Seller is not aware of any latent or patent defects in the Property, such as sinkholes, weak soils, or unrecorded easements or restrictions. d. Legal Compliance. The Seller has complied with all applicable laws, ordinances, regulations, statutes, rules, and restrictions pertaining to and affecting the Property and the Seller shall continue to comply with such laws, ordinances, regulations, statutes, rules and restrictions through the Closing Date. Seller has not received any written notice that the Property is not in compliance with any applicable laws, ordinances, regulations, statutes, rules, and restrictions relating to the Property, the use of the Property, the condition of the Property, or the zoning and subdivision of the Property. Legal Authority/Capacity. The Seller has full power and authority to enter into and perform this Agreement in accordance with its terms, and as of the Closing Date, the Seller's closing documents will be duly authorized by all necessary action on the part of the Seller. Mechanics' Liens. The Seller warrants that, prior to the Closing Date, the Seller shall pay in full all amounts due for labor, materials, machinery, fixtures, or tools furnished within the 120 days immediately preceding the Closing Date in connection with construction, alterations, repairs, or improvements made to the Property. 5 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 g. Legal Proceedings; Rights of Others in the Property. There have been no bankruptcy or dissolution proceedings involving the Seller during the time the Seller has had any interest in the Property; there are no unsatisfied judgments or state or federal tax liens of record against the Seller; there are no unrecorded mortgages, contracts for deed, purchase agreements, options, leases, easements, or other agreements or interests, including rights of first refusals or options, relating to any of the Property of which the Seller is aware, except as disclosed herein; and there shall be no persons in possession of any portion of the Property other than the Seller at the Closing Date. Additionally, there are no legal actions, suits or other legal or administrative proceedings, pending or threatened, that affect the Property or any portion thereof, and the Seller has no knowledge that any such action is presently contemplated. h. Leases. The Seller represents that there are no third parties in possession of the Property, or any part thereof, and that there are no leases, oral or written, affecting the Property or any part thereof, except as noted in this paragraph. In 2017, the Seller entered into a license agreement with Operation Grace MN, a non-profit dental organization, to allow use of the vacated facility on the Property for temporary storage of its mobile dental vehicles. In 2019, the Seller entered into another license agreement with Minnesota State Colleges and Universities on behalf of Century College to allow use of the same facility on the Property for the temporary storage of a fire truck. Upon execution of this Agreement by the Buyer, the Seller agrees to notify both organizations that the Property is being sold and that their licenses are terminated no later than the Closing Date. The Seller shall submit fully executed copies of the written terminations of the above-described license agreements on or prior to the expiration of the Cure Period or, if there is no established Cure Period because the Buyer does not make any written objections to the Title Evidence, on or prior to June 1, 2020. i. No Third Party Rights. Upon transfer of the Property to the Buyer, no third party by virtue of any purchase agreement, letter of intent, or similar instrument executed by the Seller, unless such instrument is assigned to the Buyer at the Buyer's request, will have any claim or right to or against the Property, or against the Buyer as a result of any such instruments. j. Foreign Status. The Seller is not a "foreign person" as such term is defined in the Internal Revenue Code. k. Methamphetamine Production. To the best of the Seller's knowledge, methamphetamine production has not occurred on the Property. Wells and Septic Systems. To the best of the Seller's knowledge, there are no wells or septic systems located on the Property. In. Storage Tanks. To the best of the Seller's knowledge, no underground or aboveground storage tanks are located on the Property. 6 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 n. Assessments. The Seller has no knowledge of and has not received any written notice of actual, pending, planned, or threatened special assessments or reassessments of the Property. Additionally, the Seller has no knowledge of a new public improvement project, the costs of which may be assessed against the Property. Seller will promptly provide the Buyer with any notices it receives or any plans it possesses regarding any special assessments or other charges against the Property. o. Recapture Taxes or Agreements. To the Seller's knowledge, there are no obligations that will arise in connection with a sale of the Property for any "recapture taxes," "greenbelt taxes" or other "recapture agreements" involving a payment of additional taxes, special assessments or other fees arising from (i) a sale of land for purposes of development, or (ii) any prior sewer extensions, water extensions, oversizing of utility lines, lighting or like matters for work or services done upon or relating to the Property which will bind the Buyer or the Property from and after the Closing Date. p. Utilities. To the Seller's knowledge, water, sanitary sewer, electricity, gas, and cable/internet services are available to the Property. The Seller's representations and warranties set forth in paragraphs 8(a) through 8(p) shall be continuing and are deemed to be material to the Buyer's execution of this Agreement and the Buyer's performance of its obligations hereunder. All such representations and warranties shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time. The Seller agrees to defend, indemnify and hold the Buyer harmless for, from, and against any loss, costs, damages, expenses, obligations and attorneys' fees incurred should an assertion, claim, demand, action or cause of action be instituted, made or taken, which is contrary to or inconsistent with the representations or warranties contained herein. 9. Maintenance of Property Prior to Closing. Until the Closing Date, the Seller shall have the full responsibility for the continued maintenance of the Property. Prior to the Closing Date: a. The Seller shall not cause any new liens, leases, contracts or encumbrances to be created by the Seller against the Property; and b. The Seller shall (i) maintain the Property in good repair, (ii) not make, terminate or materially change, amend, modify materially any agreements relating to the Property or other rights, obligations or agreements relating to use, ownership or operation of the Property where such changes, amendments or modifications would increase the Seller's obligations, liability or expenses thereunder, (iii) not enter into any commitments for the rental or use of the Premises or any portion thereof, and (iv) not make any substantial alterations or changes to the Property other than ordinary and 7 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 necessary maintenance repairs without the Buyer's prior written approval, which shall not be unreasonably withheld or delayed. 10. Property Sold As Is. Except as otherwise set forth in this Agreement, the Seller is selling the Property As Is and makes no representations regarding the environmental conditions or the presence of any Hazardous Substances on the Property or any improvements located thereon. 11. Environmental Investigation. The Seller hereby grants to the Buyer and the Buyer's agents a license to enter and evaluate the Property for the purpose of conducting an environmental assessment, subject to the Buyer providing the Seller at least 48 hours' notice of such inspections. Further, the Buyer or the Buyer's agent shall have the right pursuant to the license to bring persons and equipment onto the Property, make inspections and perform tests and analyses as the Buyer may deem reasonable to determine the presence of Hazardous Substances on the Property. For the purposes of this section, "Hazardous Substances" means any product, substance or waste whose presence, use storage, manufacture, disposal, transportation or release, either by itself or in combination with other materials (i) is potentially injurious to the public health, safety or welfare, or the environment, (ii) is regulated under any Environmental Law or by any government entity, or (iii) is a basis for liability or potential liability to any governmental agency or third party under any Environmental Law. Hazardous Substances include, without limitation, hazardous wastes, solid wastes, demolition materials, petroleum or petroleum products or fractions thereof, asbestos and asbestos -containing materials, polychlorinated biphenyls, toxic molds, pesticides, and other hazardous or toxic substances, pollutants and contaminants. The term "Environmental Law" means all applicable federal, state or local laws, statutes, common law rulings, ordinances, rules, regulations and agency guidance documents relating to pollution, protection of the environment or the generation, manufacture, disposal, treatment, release, use of or exposure to chemical or hazardous substances, as in effect on the date hereof, including without limitation the Minnesota Environmental Response and Liability Act, the federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Clean Water Act, the Toxic Substances Control Act, the Clean Air Act, and Occupational Safety and Health Act, all as amended, and regulations promulgated thereunder. The Buyer shall bear the cost of any such assessment unless such costs otherwise fall within the scope of Remediation Costs, as defined below. If the results of any environmental assessment are not to the satisfaction of the Buyer, the Buyer at its sole discretion may cancel this Agreement during the Inspection Period without liability and the Earnest Money, and any and all accrued interest thereon, shall be refunded to the Buyer within five (5) business days after such termination. If the Buyer cancels this Agreement pursuant to this provision, the Buyer shall restore the Property to its original condition or nearly so as is reasonably practicable. Notwithstanding the above, the Buyer's inspections and examination shall not unreasonably disrupt the use of the Property by the licensees identified in section 8h of this Agreement. 8 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 The Buyer agrees to indemnify the Seller against any liability, cost or expense incurred by the Seller as a result of the Buyer's actions on the Property, including but not limited to fines, court costs, reasonable attorneys' fees and remedial costs. Regardless of whether the Buyer avails itself of the right to conduct tests and inspections on the Property pursuant to this Agreement, after the Closing the Seller shall have no obligation or liability to the Buyer for any unsuitability with respect to the soil conditions or the presence of Hazardous Substance on the Property. If the Buyer does not notify the Seller that it objects to the results of the environmental inspection or does not perform an environmental inspection within the time specified above, this contingency shall be deemed to have been waived by the Buyer. The Seller has disclosed to the Buyer a copy of a Phase I ESA, dated October 16, 2013 (the "Phase I ESA"), which contains the recommendation to complete a Phase 11 investigation to determine the presence, extent, and magnitude of impacts related to what is defined in the Phase I ESA as the "Williams Pipeline release." Other than the Phase I ESA, the Seller is unaware of any other environmental site assessment reports and/or any other reports relating to environmental investigations or determinations, inspections, or tests of the Property. Within 10 days of the Effective Date, the Seller shall order and pay for a Phase II investigation that is limited in scope to the aforementioned recommendation (the "Phase 11 ESA"). The Parties acknowledge and understand that Hazardous Substances that might otherwise prevent the Buyer from developing the Property as it desires may be discovered on the Property. The total cost and expense related to the removal and remediation of Hazardous Substances discovered through December 31, 2020 (the "Remediation Costs") shall be shared equally by the Buyer and the Seller, provided, however, that the Buyer shall be solely responsible for any and all Remediation Costs that exceed $200,000.00. Accordingly, and for purposes of clarification, the Seller's maximum obligation toward Remediation Costs shall be $100,000.00. Contracting for the Remediation Costs shall be the responsibility of the Buyer, subject to the Seller's written approval, which approval shall not be unreasonably delayed or withheld. The Seller's share of Remediation Costs may be escrowed at the Closing but only to the extent that it can be reasonably estimated at that time, whether due to recommendations contained in the Phase 11 ESA report or any pre -Closing inspections conducted by the Buyer. Each Party's obligation to share Remediation Costs in accordance with this section 11 shall survive the Closing. The Parties acknowledge and agree that the Seller shall have no obligation to contribute toward the removal or remediation of Hazardous Substances that are discovered after December 31, 2020. Accordingly, the Seller shall have no obligation to contribute toward the removal or remediation of Hazardous Substances discovered on the Property unless the Buyer provides the Seller with written notice, on or before December 31, 2020, indicating the presence of said Hazardous Substances and the need for removal or remediation. Such notice shall meet the requirements of section 16 of this Agreement. 9 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 12. Real Estate Taxes and Special Assessments; Utilities. The Property is currently exempt from the payment of real estate taxes. Real estate taxes owed through Closing shall be the sole responsibility of the Seller and those owed after Closing shall be the sole responsibility of the Buyer. No later than the Closing Date, the Seller shall pay all real estate taxes payable in previous years, if any, the entire unpaid balance of special assessments, if any, and all installments of special assessments levied, certified for payment, pending, and deferred, including special assessment installments payable after the year of Closing, and all interest thereon. The Seller shall pay all utility charges and fees, including without limitation, water, sanitary sewer, gas, electricity, etc., for all periods through the Closing Date. 13. Possession. a. Possession. The Seller agrees to deliver possession of the Property not later than the Closing Date. b. Removal of Property. The Seller agrees to remove from the Property, at the Seller's sole cost and expense, all debris and items of the Seller's personal property not expressly included in this sale no later than the Closing Date. The Buyer may inspect the Property, upon 24 hours' notice, during the week prior to the Closing in order to ensure that removal of all debris and personal property has been completed. The Seller shall fully cooperate with such inspection and provide access to the Property for such inspections. In the event the Property (aside from the building thereon) is damaged via the removal of the Seller's personal property, the Seller shall repair such damage at the Seller's sole cost and expense. C. No Encumbrances. The Seller agrees not to place any liens or encumbrances on the Property after the Effective Date. 14. Closing Costs and Related Items. The Seller will pay the following costs: (a) any deed transfer taxes and conservation fees and recording fees for all instruments required to establish marketable title; (b) any deed transfer taxes and conservation fees required to enable the Buyer to record its deed from the Seller under this Agreement; (c) the title search, name search and assessment search fees and other fees incurred in preparation of the commitment for title insurance; and (d) one-half the closing fee charged by the Title Company utilized to close the transaction contemplated by this Agreement. The Buyer shall pay the following costs: (a) recording fees required to enable the Buyer to record its deed from the Seller under this Agreement; (b) the title insurance premium; and (c) one- half the closing fee charged by the Title Company utilized to close the transaction contemplated by this Agreement. Each Party shall be responsible for its own attorneys' fees and costs. 15. Default. If the Seller defaults in its obligation to close and deliver the Deed in accordance with the provisions of this Agreement, the Buyer may, by notice upon the Seller, (i) terminate this Agreement, in which event the Seller shall reimburse the Buyer for all costs and expenses incurred by the Buyer in connection with this transaction up to and including 10 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 the date of default, or (ii) avail itself of any other remedy for said default which it may have at law, in equity or by statute, including, but not limited to, an action for damages; or (iii) seek specific performance, and the reimbursement of costs and expenses. If the Buyer shall default in the performance of any of its obligations hereunder, then the Seller may avail itself of any remedy for said default which it may have at law, in equity or by statute, including, but not limited to, an action for damages and/or specific performance. 16. Notice. Any notice must be in writing, and will be deemed delivered if delivered personally or when deposited in the United States Mail, postage pre -paid, to the following addresses (or such other address as may be designated by either Party in writing): If to Buyer: INH Property Management, Inc. 1757 1h Avenue South Waite Park, MN 56387 Attn: James Illies, Sr. w/copy to: Marc W. Sugden Pemberton Law, P.L.L.P. 20322 nd Avenue West Alexandria, MN 56308 If to Seller: City of Maplewood 1830 East County Road B Maplewood, MN 55109 Attn: City Manager w/copy to: Ronald H. Batty Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 17. Assignment. The Seller and the Buyer acknowledge and agree that the Buyer intends to assign the Buyer's interest in this Agreement to a developer entity under common control with the Buyer. The Seller agrees that the Buyer may assign its rights under this Agreement to said developer entity with advanced notice to, but without the prior written approval of, the Seller. However, the Buyer shall not have the right to assign its rights under this Agreement to an individual or entity that is not under common control with the Buyer without the prior written approval of the Seller. Any assignee shall assume all obligations imposed on the Buyer as if the assignee was the original the Buyer under this Agreement. 18. Entire Agreement. This Agreement represents the entire agreement and understanding between the Parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral. 11 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 19. Modification and Waiver. Except as expressly permitted in Section 17 of this Agreement relating to the assignment of the Buyer's interest in this Agreement to an entity under common control with the Buyer, no purported amendment, modification or waiver of any provision hereof shall be binding unless set forth in a written document signed by both Parties (in the case of amendments or modifications) or by the Parry to be charged thereby (in the case of waivers). Any waiver shall be limited to the circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term hereof or of the same circumstance or event upon any recurrence thereof. 20. Risk of Loss. If there is any loss or damage to the Property between the Effective Date and the Closing Date, for any reason including, but not limited to, fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on the Seller. If the Property is destroyed or substantially damaged before the Closing Date, this Agreement may become null and void, at the Buyer's option. At the request of the Buyer, the Seller agrees to sign a cancellation of this Agreement under such circumstances. 21. Condemnation. If, on or before the Closing Date, eminent domain proceedings are commenced against all or any part of the Property, the Seller will immediately give notice to the Buyer of such fact, together with a legal description of the property being taken, and the Buyer shall have the right at its option to terminate this Agreement by giving notice to the Seller within thirty (30) business days after receiving the Seller's notice or to purchase any remaining portion of the Property that has not been so taken by condemnation or eminent domain, with a reduction in the Purchase Price equal to the amount of the condemnation proceeds actually received by the Seller. Upon termination of this Agreement pursuant to this Section, neither Party will have further obligations under this Agreement, except all Earnest Money and any and all interest accrued thereon will be refunded to the Buyer. If this Agreement is terminated under this Section, any awards from such condemnation or eminent domain proceedings shall belong to the Seller. Before the Closing Date, the Seller will not designate counsel, appear in, or otherwise act with respect to the condemnation proceedings without providing the Buyer with written notice and obtaining the Buyer's consent, which shall not be unreasonably withheld. 22. Specific Performance. This Agreement may be specifically enforced by the Parties, provided that any action for specific enforcement is brought within six months after the date the enforcing Party becomes aware or reasonably should have become aware of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this Agreement. The Parties reserve all other remedies available at law or in equity. 23. Attorneys' Fees. If either party commences an action against the other to enforce any of the terms of this Agreement, or because of the breach by either party of the terms hereof, the prevailing party shall be entitled to its costs and expenses, including reasonable attorneys' fees, incurred in connection with the prosecution or defense of such matter. 24. Incorporation of Recitals. The Recitals set forth above in the preamble to this Agreement and the Exhibit attached to this Agreement are incorporated into this Agreement as if fully set forth herein. 12 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 25. Additional Documents. The Buyer and the Seller agree to cooperate with the other and their representatives regarding any reasonable requests made subsequent to the execution of this Agreement to correct any clerical errors in this Agreement and to provide any and all additional documentation deemed necessary by either Party to effectuate the transaction contemplated by this Agreement. 26. Execution in Counterparts. This Agreement may be executed in counterparts by the Parties hereto. Facsimile, scanned PDF, or other electronic signatures shall be sufficient for all purposes. 27. Severability. Any provision of this Agreement which is deemed void or unenforceable may be severed from the remaining provisions without affecting the enforceability of the remaining provisions. 28. Choice of Law and Venue; Interpretation. This Agreement shall be governed by, enforced and construed in accordance with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and the Parties to this Agreement waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 13 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed in their names and on their behalf on or as of the date and year first above written. THE BUYER: INH PROPERTY MANAGEMENT, INC. Its: 627807v8MA745-8 14 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 THE SELLER: CITY OF MAPLEWOOD Marylee Abrams, Mayor Melinda Coleman, City Manager This Instrument Drafted By: KENNEDY & GRAVEN, CHARTERED (RHB) 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 15 627807v8MA745-8 For the permanent record Meeting Date: 03/09/2020 Agenda Item: 12 EXHIBIT A LEGAL DESCRIPTION Part of the Northwest i/4 of the Northeast i/4 of Section 12, Township 28, Range 22 lying Southwesterly of New Lower Afton Road and lying Northerly and Northwesterly of Londin Lane, Ramsey County, Minnesota. A-1 627807v8MA745-8