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HomeMy WebLinkAbout2021-10-11 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October11,2021 City Hall, Council Chambers Meeting No. 19-21 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.September 27, 2021City Council Workshop Meeting Minutes 2.September27, 2021 City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Heart Safe Community Recognition Presentation 4.Resolution for Commissioner Appointments 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 2.2021–2022 School Resource Officer Agreement with Independent SchoolDistrict 622 3.Conditional Use Permit Review, Justice Allen Page Elementary School, 2410 Holloway Avenue 4.Conditional Use Permit Review, The Car Buying Center (Eurowerks), 1955 County Road D East 5.Conditional Use Permit Review, HyVee Fast and Fresh, 2501 White Bear Avenue 6.Conditional Use Permit Review, Family Auto Sales, 1065 Highway 36 7.Purchasing Agreement with Axon Enterprise Inc. for Fire Department Body Worn Cameras 8.On-Sale Wine License for Best Indian Food Inc. d/b/a Indian Masala, 27 Century Avenue North 9.On-Sale Intoxicating Liquor and Sunday Sales License for MC Maplewood LLC d/b/a Millions Crab, 1745 Beam Avenue 10.Consent to Assignment Documents Regarding Frost English Silver Project 11.Resolution Reaffirming and Approving the Sale of 2228 Maplewood Drive 12.Resolution Reaffirming and Approving the Sale of 2501 Londin Lane East H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS 1.Lot Width Variance Resolution, 2010 Edgerton Street North J.NEW BUSINESS 1.The American Cooperative on Lake Phalen, 1875 East Shore Drive a.Conditional Use Permit for a Shoreland Planned Unit Development, Preliminary Plat and Final Plat Resolution b.Design Review Resolution 2.Ordinance Amendment for Dynamic Display Signs a.Ordinance Amendment to Chapter 44, Zoning, Revising Standards for Dynamic Display Signs b.Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) 3.Review of 2022 Charitable GamblingRequests 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 651.249.2000to 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 Cityof 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 thatwhen appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other councilmembers 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 councilmembers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday,September 27, 2021 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at5:30 p.m. by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio,CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberKnutsonmoved to approve the agenda as submitted. Seconded by CouncilmemberVillavicencioAyes – All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Commissioner Interviews Mayor Abramsassigned the interview questions to council. The following candidates were interviewed: Tom Oszman - Community Design Review Board Matt Fawley - Community Design Review Board Amanda Reinert - Community Design Review Board Mark Harris - Parks & Recreation Commission Monica Barton - Parks & Recreation Commission Mayor Abramscalled a recess at 6:20 p.m. to allow timefor the next candidate’s arrival. Mayor Abrams called the meeting back into session at 6:36p.m. Mayor Abramscalled a second recess at 6:37p.m., as no candidates have arrived. Mayor Abrams called the meeting back into session at 6:47pm. September 27, 2021 City Council Workshop Minutes 1 Council Packet Page Number 1 of 253 E1 No Action Required. F.ADJOURNMENT Mayor Abramsadjourned the meetingat6:48p.m. September 27, 2021 City Council Workshop Minutes 2 Council Packet Page Number 2 of 253 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 27, 2021 City Hall, Council Chambers Meeting No. 18-21 A.CALL TO ORDER A meeting of the City Council was held in the City HallCouncil Chambers and was called to order at7:01p.m. by Mayor Abrams. Mayor Abrams announced that Representative Peter Fischer was selected by the League of Minnesota Cities as one of the Legislators of Distinction for 2021. Representative Fischer was instrumental in working with waste and storm water problems, and legislative change permitting a tax exemption on building materials for Maplewood’s new fire station. Environmental Planner Finwall gave an update on Maplewood’sOctoberfall clean-up campaign, which includes bulky item pick up and a free shredding event. Maplewood is also partnering with Ramsey County to provide free mattress and box spring collection. B.PLEDGE OF ALLEGIANCE Lucas and Andrew Dugas, sons of Lt. Michael Dugas, led the councilin the pledge of allegiance. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave,CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA Thefollowing items were added to council presentations: To Zoom or not to Zoom CouncilmemberJuenemannmoved to approve the agenda as amended. Seconded by CouncilmemberKnutson Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.September 13, 2021City CouncilWorkshop Meeting Minutes CouncilmemberCavemoved to approve the September 13, 2021 City CouncilWorkshop Meeting Minutes as submitted. September 27, 2021 City Council Meeting Minutes 1 Council Packet Page Number 3 of 253 E2 Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.September 13, 2021 City CouncilMeeting Minutes CouncilmemberJuenemannmoved to approve the September 13, 2021 City Council Meeting Minutes as submitted. Seconded by CouncilmemberCaveAyes – 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 and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations To Zoom or not to Zoom Councilmember Juenemann inquired about the laws on Zoom meetings versus in-person meetingsbecause of other organizations still utilizing Zoom. Councilmember Juenemann inquired if it would be applicable to our commissions as well. Mayor Abrams directed staff to do research on the topic. 3.Swearing-In Ceremony - Police Lieutenant Michael Dugas Public Safety Director Bierdeman addressed the council and introduced Lieutenant Dugas. City Clerk Sindt administered the oath.Lieutenant Dugasaddressed the council after the pinning of his badge. No Action Required. 4.Swearing-In Ceremony -Fire Captain Brad Davison Fire & EMS ChiefMondor addressed the council and introduced Captain Davison. City Clerk Sindt administered the oath. Captain Davison addressed the council after the pinning of his badge. No Action Required. 5.Presentation from League of Women Voters City Manager Coleman introduced the presenters. Barb Luck & Karen Schaffer gave the presentation. No Action Required. September 27, 2021 City Council Meeting Minutes 2 Council Packet Page Number 4 of 253 E2 6.Resolution for Commissioner Reappointments City Manager Coleman gave the staff report. CouncilmemberKnutsonmoved to approve the Resolution for Commission Reappointment. Resolution 21-09-1983 RESOLUTION FOR COMMISSION REAPPOINTMENT BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individual, who the Maplewood City Council has reviewed, to be reappointed to the following commission: Housing & Economic Development Commission Darryl HenchenTerm expires 9/30/2024 Seconded by CouncilmemberJuenemannAyes – All The motion passed. 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. Items G6, G7, & G8 were highlighted. CouncilmemberJuenemannmoved to approve agenda items G1-G5, G9-G10. Seconded by CouncilmemberCave Ayes – All The motion passed. After hearing the highlighted reportsCouncilmemberJuenemannmoved to approve agenda items G6-G8. Seconded by CouncilmemberKnutson Ayes – All The motion passed 1.Approval ofClaims September 27, 2021 City Council Meeting Minutes 3 Council Packet Page Number 5 of 253 E2 ACCOUNTS PAYABLE: $708,654.12Checks # 107934 thru # 107965 dated 09/14/21 $973,727.08Checks # 107966 thru # 108007 dated 09/21/21 $1,110,432.27Disbursements via debits to checking account dated 09/06/21 thru 09/19/21 $2,792,813.47Total Accounts Payable PAYROLL $641,732.12Payroll Checks and Direct Deposits dated 09/17/21 $641,732.12Total Payroll $3,434,545.59GRAND TOTAL CouncilmemberJuenemannmoved to approve the approval of claims. Seconded by CouncilmemberCaveAyes – All The motion passed. 2.Financial Report for the Month Ended August 31, 2021 No Action Required. 3.Partial Release and Grant of Right of Waywith Magellan Pipeline Company, L.P. CouncilmemberJuenemannmoved to approve the Partial Release and Grant of Right of Way with Magellan Pipeline Company, L.P. Seconded by Councilmember CaveAyes – All The motion passed. 4.Local Lawful Gambling Permitsfor the Church of the Presentation of the Blessed Virgin Mary CouncilmemberJuenemannmoved to approve the Local Lawful Gambling permits for the Church of the Presentation of the Blessed Virgin Mary for their events on November 11 and November 20, 2021. Seconded by Councilmember CaveAyes – All The motion passed. September 27, 2021 City Council Meeting Minutes 4 Council Packet Page Number 6 of 253 E2 5.Resolution Directing Modification of Existing Construction Contract, Change Order No. 4, 5 and No. 6, North Fire Station Construction Project CouncilmemberJuenemannmoved to approve the Resolution Directing Modification of the Existing Construction Contract, Change Order No. 4, Change Order No. 5 and Change Order No. 6, North Fire Station Construction Project and authorize the Mayor and City Manager to sign Change Order No. 4, Change Order No. 5 and Change Order No. 6. Resolution 21-09-1984 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, NORTH FIRE STATION CONSTRUCTION PROJECT, CHANGE ORDER NO. 4, CHANGE ORDER NO. 5 AND CHANGE ORDER NO. 6 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the construction of the North Fire Station, and has approved construction contracts related to the project. WHEREAS, it is now necessary and expedient that said contract be modified and designated as North Fire Station Construction Project, Change Order No. 4, Change Order No. 5 and Change Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1.The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 which is a decrease of $6,405.15. The revised contract amount for Work Scope 31-A-Park Construction is $509,871.40. The revised contract amount for Work Scope 03-M-Ebert Inc. is $747,369.85. 2.The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 5 which is an increase of $2,868.80. The revised contract amount for Work Scope 31-A-Park Constructionis $512,740.20. 3.The Mayor, City Manager, and Fire and EMS Chief are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6 which is an increase of $8,200.21. The revised contract amount for Work Scope 31-A-Park Construction is $513,920.50. The revised contract amount for Work Scope 03-M-Ebert Inc. is $754,389.76. Seconded by Councilmember CaveAyes – All The motion passed. September 27, 2021 City Council Meeting Minutes 5 Council Packet Page Number 7 of 253 E2 6.Resolution Approving Laws of Minnesota 2021 First Special Session, Chapter 14, Article 4, Section 14, Relating to a Sales Tax Exemption for Certain Construction Materials Fire & EMS Chief Mondor addressed council and gave the staff report. CouncilmemberJuenemannmoved to approve the Resolution Approving Laws of Minnesota 2021 First Special Session, Chapter 14, Article 4, Section 14, Relating to a Sales Tax Exemption for Certain Construction Materials. Resolution 21-09-1985 APPROVING LAWS OF MINNESOTA 2021FIRST SPECIAL SESSION, CHAPTER 14, ARTICLE 4, SECTION 14, RELATING TOA SALES TAX EXEMPTIONFOR CERTAIN CONSTRUCTION MATERIALS WHEREAS,the Legislature of the State of Minnesota passed a special law authorizing the City of Maplewood (the “City”) to exempt from sales and use taxes imposed under Minnesota Statutes, chapter 297A certain materials and supplies used in and equipment incorporated into the construction of a new fire station and emergency management operations center, including on-site infrastructure improvements of parking lot, road access, lighting, sidewalks, and utility components, all as provided in Laws of Minnesota 2021, First Special Session, Chapter 14, Article 4, Section 14 (the “Special Law”); and WHEREAS,pursuant to Minnesota Statutes, section 645.021, subdivisions 2 and 3, the Special Law is effective upon approval by a majority vote of the governing body of the City and the filing with the Minnesota Secretary of State of a certificate, including a copy of this resolution, in the form prescribed by the Minnesota Attorney General; and WHEREAS,the Maplewood City Council has determined that it is in the best interest of the City and its residents to approve the Special Law NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. The Special Law is approved 2.The City Clerk is hereby authorized and directed to file the certificate and a copy of this resolution, as approved, with the Minnesota Secretaryof State as required by Minnesota Statutes, section 645.021, subdivision 3. 3.City staff and consultants are authorized and directed to take any additional action necessary or convenient to implement the Special Law. Seconded by Councilmember KnutsonAyes – All The motion passed. 7.Reciprocal Emergency Services Agreement Between the City of Vadnais Heights and the City of Maplewood Fire & EMS Chief Mondor gave the staff report. CouncilmemberJuenemannmoved to approve the Reciprocal Emergency Services September 27, 2021 City Council Meeting Minutes 6 Council Packet Page Number 8 of 253 E2 Agreement between the City of Vadnais Heights and the City of Maplewood. Seconded by Councilmember KnutsonAyes – All The motion passed. 8.Resolution Accepting 2021 Minnesota DNR Shade Tree Program Bonding Grant Parks & Recreation Manager Robbins gave the staff report. Councilmember Juenemannmoved to approve the Resolution accepting the Minnesota DNR Shade Tree Program Bonding Grant and further to authorize the Mayor and City Manager to enter into a grant agreement withthe Minnesota Department of Natural Resources. Resolution 21-09-1986 Resolution ACCEPTANCE OF 2021 MINNESOTA DNR SHADE TREE PROGRAM BONDING GRANT WHEREAS, this grant contract is between the Minnesota Department of Natural Resources (referred to as the “DNR”) and City of Maplewood (referred to as the “Grantee”); WHEREAS, the Minnesota DNR has $1 million available in general obligation bond dollars to fund projects managing forest pest and disease (with priority given to EAB) through community forestry activities on public lands, and awards grants to local units of government to replace ash trees removed from public lands in response to emerald ash borer; and WHEREAS, the Minnesota DNR 2021 Shade Tree Program Bonding Grants assist local units of government within Minnesota that use strategic actions to reduce the impacts of emerald ash borer (EAB) on community forests; and WHEREAS, the Minnesota DNR prioritizes applicants with a known emerald ash borer infestation within their boundaries for removal and replacement of ash trees, projects removing and replacing ash trees that pose significant public safety concerns and that benefit underserved populations and areas of concern for environmental justice for the 2021 Shade Tree Program Bonding Grants; and WHEREAS, the Minnesota Department of Natural Resources 2021 Shade Tree Program Bonding Grant eligible activities include removal and replanting of shade trees on public land to provide environmental benefits, replacement of trees on public land lost to forest pests, disease, or storm and tree planting on public land to establish a more diverse community forest better able to withstand disease and forest pests; and WHEREAS, the Minnesota Department of Natural Resources 2021 Shade Tree Program Bonding Grant specifies that any tree planted with this grant must be a climate- adapted species to Minnesota. This includes but is not limited to Minnesota native trees, and regionally native species that are growing zone-appropriate; and WHEREAS, the Department of Natural Resources agrees to award the Grantee a September 27, 2021 City Council Meeting Minutes 7 Council Packet Page Number 9 of 253 E2 fiscal year 2021-2024 Minnesota Department of Natural Resources 2021 Shade Tree Program Bonding Grant, in support of eligible costs as described in the Grantee’s Application in the amount of $ $45,038;and WHEREAS the Grantee represents that it duly qualifies and agrees to perform all services described in this grant contract to the satisfaction of the Department of Natural Resources; and WHEREAS, the DNR and Grantee agree to the following terms and conditions, and further agree that the Grantee’s failure to comply with any of the requirements of this contract may jeopardize its eligibility to apply for or receive future DNR grants. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood to accept this grant. Seconded by Councilmember KnutsonAyes – All The motion passed. 9.Agreement with Baker Tilly to Conduct a Classification and Compensation Study Councilmember Juenemannmoved to approve agreement with Baker Tilly US, LLP and authorize City Manager toenter into a contract for a comprehensive Classification and Compensation Study. Seconded by Councilmember CaveAyes – All The motion passed. 10.Agreementwith CommonSense Consulting@Work to Provide Diversity, Equity, and Inclusion Services CouncilmemberJuenemannmoved to approve the agreement with CommonSense Consulting@Work and authorize the City Manager to enter into a contract for diversity, equity, and inclusion consulting services. Seconded by Councilmember CaveAyes – All The motion passed. H.PUBLIC HEARINGS– If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS September 27, 2021 City Council Meeting Minutes 8 Council Packet Page Number 10 of 253 E2 1.Resolution Providing for the Issuance and Sale of General Obligation Refunding Bonds, Series 2021B, to be Issued in the Proposed Aggregate Principal Amount of $8,275,000 Finance Director Paulseth introduced the item. Bruce Kimmel, Senior Municipal Advisor with Ehlers, provided the report. Mayor Abramsmoved to adopt the resolution Providing for the Issuance and Sale of General Obligation Refunding Bonds, Series 2021B, to be Issued in the Proposed Aggregate Principal Amount of $8,275,000. Resolution 21-09-1987 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2021B, TO BE ISSUED IN THE PROPOSED AGGREGATE PRINCIPAL AMOUNT OF $8,275,000 BE IT RESOLVED By the City Council of the City of Maplewood, Minnesota (the“City”) as follows: 1.Authorization. a.The City previously issued its: i.General Obligation Bonds, Series 2012A (“Series 2012A Bonds”), dated July 1, 2012 and issued on July 10, 2012, in the original aggregate principal amount of $5,780,000, pursuant to Minnesota Statutes, Section 412.301, as amended (“Section 412.301”), Minnesota Statues, Chapter 429, as amended (“Chapter 429”), and Minnesota Statutes, Chapter 475, as amended (“Chapter 475”), the proceeds of which were used to finance (A) various street improvement projects within the City, and (B) the purchase of various capital equipment; ii.General Obligation Bonds, Series 2013A (“Series 2013A Bonds”), dated July 18, 2013, in the original aggregate principal amount of $6,180,000, pursuant to Chapter 429 and Chapter 475, the proceeds of which were used to (A) refund in the City’s General Obligation Capitol Improvement Plan Bonds, Series 2004D, dated August 1, 2004, and thereby refinance an addition to the City’s public works building; (B) finance the expansion of and improvements to the City’s existing police department building; and (C) finance various improvement projects within the City; and iii.General Obligation Bonds, Series2014A (the “Series 2014A Bonds”), dated August 1, 2014 and issued on August 14, 2014, in the aggregate principal amount of $7,745,000, pursuant to Section 412.301, Chapter 429, Minnesota Statutes, Chapter 469, as amended (“Chapter 469”), and Chapter475, the proceeds of which were used to finance: (A) various street improvement projects; (B) the purchase of various capital equipment; (C) improvements outlined in the City’s Capitol Improvement Plan; and (D) certain capital and administration costs, consisting of public improvements outlined in the City’s tax increment financing plan. September 27, 2021 City Council Meeting Minutes 9 Council Packet Page Number 11 of 253 E2 The Series 2012A Bonds, Series 2013A Bonds, and Series 2014A Bonds (collectively, the “Prior Bonds”) are subject to redemption at the option of the City on February 1, 2022, and on that date will be outstanding in the aggregate principal amount of $8,655,000. b.The City is authorized by Minnesota Statutes, Section 475.67, subdivision 3, as amended (“Section 475.67, subdivision 3” and collectively with Section 412.301, Chapter 429, Chapter 469, and Chapter 475, the “Act”), to issue and sell its general obligation bonds to refund obligations and the interest thereon before the due date of the obligations, if consistent with covenants made with the holders thereof, when determined by the City Council to be necessary or desirable for the reduction of debt service costs to the City or for the extension or adjustment of maturitiesin relation to the resources available for their payment. c. It is necessary and desirable for the reduction of debt service costs to the City to issue its General Obligation Refunding Bonds, Series 2021B (the “Bonds”), in the proposed original aggregate principal amount of $8,275,000, pursuant to the Act, specifically Section 475.67, subdivision 3, and apply the proceeds of the Bonds, to the redemption and prepayment of the outstanding Prior Bonds, in the aggregate principal amount of $8,655,000, on February 1, 2022. 2.Sale of Bonds. To refund the Prior Bonds pursuant to the Act, the City will therefore issue and sell the Bonds in the proposed aggregate principal amount of $8,275,000, which amount is subject to adjustment on or before the date of the sale ofthe Bonds in accordance with the terms of a pre-sale report (the “Pre-Sale Report”) prepared by Ehlers & Associates, Inc. (the “Municipal Advisor”). The Bonds will be issued, sold, and delivered in accordance with the terms of the Pre-Sale Report. 3.Authority of Municipal Advisor. The Municipal Advisor is authorized and directed to negotiate the Bonds in accordance with the foregoing Pre-Sale Report. The City Council will meet at or after 7:00 P.M. on Monday, October 25, 2021, to consider proposals on the Bonds and/or take any other appropriate action with respect to the Bonds. 4.Authority of Bond Counsel. The law firm of Kennedy & Graven, Chartered, as bond counsel for the City, is authorized to act as bond counsel and to assist in the preparation and review of necessary documents, certificates and instruments relating to the Bonds. The officers, employees and agents of the City are hereby authorized to assist Kennedy & Graven, Chartered, in the preparation of such documents, certificates, and instruments. 5.Covenants. In the resolution awarding the sale of the Bonds the City Council will set forth the covenants and undertakings required by the Act. 6.Official Statement. In connection with the sale of the Bonds, the officers or employees of the City are authorized and directed to cooperate with the Municipal Advisor and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion September 27, 2021 City Council Meeting Minutes 10 Council Packet Page Number 12 of 253 E2 Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 2.Mississippi River Corridor Critical Area and Slopes and Bluffs Ordinances a.Ordinance Repealing the Mississippi River Corridor Critical Area (MRCCA) Ordinance and Creating a New MRCCA Ordinance b.Resolution Authorizing Publication of MRCCA Ordinance by Title and Summary c.Ordinance Repealing the Slopes and Erosion Control Ordinance and Creating a New Slopes and Bluffs Ordinance d.Resolution Authorizing Publication of the Slopes and Bluffs Ordinance by Title and Summary Environmental Planner Finwall gave the staff report. Councilmember Juenemannmoved to approve the ordinance repealing the Mississippi River Corridor Critical Area (MRCCA) Ordinance and creating a new MRCCA Ordinance. Ordinance #1021 ORDINANCE REPEALING THE MISSISSIPPI RIVER COORIDOR CRITICAN AREA (MRCCA) ORDINANCE AND CREATING A NEW MRCCA ORDINANCE The Maplewood City Council ordains as follows: Section I. This section repeals the MRCCA Ordinance, Secs. 18-581 to 18-609 and replaces it with a new MRCCA ordinance in Chapter 44, Article VIII, Secs. 44-1191 to 44-1235. Chapter 44 - Zoning Article VIII. – Mississippi River Corridor Critical Area Sec. 44-1191.- Definitions. Accessory structuremeans a structure that is accessory to and separate from the principal structure. Adjacentmeans having a boundary that physically touches or adjoins. Biological and ecological functions means the functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. Buildable areameans the area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas. Bluff means a natural topographic feature having a slope that rises at least twenty five (25) feet where the grade of the slope averages eighteen (18) percent or greater, measured over any horizontal distance of twenty-five (25) feet, from the toe of the slope to the top of the slope. Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 1. September 27, 2021 City Council Meeting Minutes 11 Council Packet Page Number 13 of 253 E2 Figure 1.Bluff Bluff impact zone(BIZ)means a bluff and land located within twenty (20) feet of the top of the bluff. See Figure 2. Figure 2. Bluff Impact Zone Blufflinemeans a line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. Bluff, Toe ofmeans a line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds eighteen (18) percent and the slope below the line is eighteen (18) percent or less, measured over a horizontal distance of twenty five (25) feet. Bluff, Top ofmeans a line along the top of a bluff, requiring field verification, such that the slope below the line exceeds eighteen (18) percent and the slope above the line is eighteen (18) percent or less, measured over a horizontal distance of twenty five (25) feet. Certificate of compliance means a document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection. Commissionermeans the commissioner of the Minnesota Department of Natural Resources. Conditional usehas the meaning given under Minnesota Statutes, chapters 394 and 462. Deckis a horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached to a principal structure. Discretionary action means an action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned September 27, 2021 City Council Meeting Minutes 12 Council Packet Page Number 14 of 253 E2 unit developments, conditional use permits, interim use permits, variances, appeals, and rezonings. Electric power facilitiesmeans equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minnesota Statutes, section 216E. Essential servicesmeans underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes, section 115.01, electric power facilities or transmission services. Floodplainhas the meaning given under Minnesota Rules chapter6120. Hard-surface trail means a trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans. Impervious surfacemeans a constructed hard surface that prevents the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Intensive vegetation clearingmeans the removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. Interim usehas the meaning given under Minnesota Statutes, chapters 394and462. Land alterationmeans an activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances. Lot has the meaning given under Minnesota Rules chapter 6120. Lot width means the shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level. See Figure 3. Figure 3. Lot Width Mississippi River Corridor Critical Area (MRCCA) means the area within the River Corridor Boundary. September 27, 2021 City Council Meeting Minutes 13 Council Packet Page Number 15 of 253 E2 Mississippi River Corridor Critical Area (MRCCA) Planis a chapter in the Maplewood comprehensive plan. Natural surface trailmeans a trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. Natural vegetation means any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Nonconformityhas the meaning given under Minnesota Statutes, section 394.22. Off-premise advertising signsmeans a sign that directs attention to a product, service, business, or entertainment venue that is not exclusively related to the premises where the sign is located. Ordinary high water level (OHWL) has the meaning given under Minnesota Statutes, section 103G.005. Overlay districtmeans a zoning district applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain. Parcelhas the meaning given under Minnesota Statutes, section 116G.03. Patio means an impervious surface located at ground level with no railings and open to the sky. Picnic sheltermeans a roofed structure open on all sides, accessory to a recreational use. Planned unit development (PUD) means a method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development. Plathas the meaning given under Minnesota Statutes, sections 505and515B. Primary conservation areas (PCAs) means key resources and features, including bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, cultural and historic properties, and significant existing vegetative stands, tree canopies, and other resources identified in local government plans. Principal structure means the house and attached garage. Private facilitiesmeans private roads, driveways, parking areas, decks, accessory structures, and private signs. Public facilitiesmeans public utilities, public transportation facilities, and public recreational facilities. Public river corridor views (PRCVs)means viewstoward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level September 27, 2021 City Council Meeting Minutes 14 Council Packet Page Number 16 of 253 E2 of the opposite shore, as seen during the summer months and documented in the MRCCA plan/chapter of the comprehensive plan. Public transportation facilities means all transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. Public utilities means electric power facilities, essential services, and transmission services. Public waters has the meaning given under Minnesota Statutes, section 103G.005. Readily visiblemeans land and development that are easily seen from the ordinary high water level of the opposite shore during summer months. Resource agencymeans a federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring. River corridor boundary is the boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as legally described in the State Register, volume 43, pages 508 to 518. Selective vegetation removal means the removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. Setbackmeans a separation distance measured horizontally. Subdivisionhas the meaning given under Minnesota Statutes, section 462.352. Steep slope means a natural topographic feature with an average slope of twelve (12) to eighteen (18) percent, measured over a horizontal distance equal to or greater than fifty (50) feet; and any slope greater than eighteen (18) percent that are not bluffs measured over a horizontal distance equal to or greater than fifty (50) feet. Stormwatermeans any surface flow, runoff, and drainage consisting entirely of water in the form of natural precipitation and resulting from such precipitation. Stormwater management facilitiesare for the collection, conveyance, treatment, or disposal of storm water. Structuremeans a building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances. Variance has the meaning given under Minnesota Statutes, section 394.22. Vegetation Permit means a grading or separate permit issued bythe City of Maplewood to allow intensive vegetation clearing. Water quality impact zonemeans the land within fifty (50) feet of a drainage route or land within the wetland buffers required in the wetland ordinance. Wetlandhas the meaning given under Minnesota Statutes, section 103G.005. Sec. 44-1192. – Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, September 27, 2021 City Council Meeting Minutes 15 Council Packet Page Number 17 of 253 E2 Chapter 116G, Minnesota Rules, Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462and473. Sec. 44-1193.- Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. Sec. 44-1194.- Generally. (a)Jurisdiction. The provisions of this ordinance apply to land within the river corridor boundary as described in the State Register, volume 43, and pages 508 to 519 and shown on the Maplewood zoning map as the MRCCA overlay district. (b)Enforcement. The City Manager or his or her designee is responsible for the administration and enforcement of this ordinance. Any violation of its provisions orfailure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity. (c) Severability. If any section, clause, provision, or portion of this ordinanceis judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinanceshall not be affected thereby. (d)Abrogation and Greater Restrictions. It is not intended by this ordinanceto repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinanceimposesgreater restrictions, the provisions of this ordinanceshall prevail. All other sections or ordinances inconsistent with this ordinanceare hereby repealed to the extent of the inconsistency only. (e)Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. Sec. 44-1195.– Administration. (a)Permits. A permit is required for the construction of buildings or building additions (including construction of decks andsigns), the installation and/or alteration of sewage treatment systems, intensive vegetation removal,and land alterations. (b)Variances. Variances to the requirements under this ordinancemay only be granted in accordance with Minnesota Statutes, section 462.357and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resourcesidentified in the MRCCA plan. In reviewing the variance application, the City Council shall: (1)Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts; and September 27, 2021 City Council Meeting Minutes 16 Council Packet Page Number 18 of 253 E2 (2)Make written findings that the variance is consistent with the purpose of this ordinanceas follows: (a)The extent, location and intensity of the variance will be in substantial compliance with the MRCCA Plan; (b)The variance is consistent with the character and management purpose of the MRCCA district in which it is located; (c) The variance will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions. (c)Conditional use permits. All conditional uses required under this ordinancemust comply with Minnesota Statutes, section 462.3595and must consider the potential impacts on PCAs, PRCVs, and other resources identified in the MRCCA plan. In reviewing the application, the City Council shall: (1)Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts; and (2)Make written findings that the conditional use is consistent with the purpose of this ordinanceas follows. (a)The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan; (b)The conditional use is consistent with the character and management purpose of the MRCCA district in which it is located; (c) The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present and reasonable future actions. (3)Conditions of Approval. The City Council shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, andif negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include: (a)Restoration of vegetation identified as “vegetation restoration priorities” identified in the MRCCA Plan. (b)Preservation of existing vegetation; (c) Stormwater runoff management; (d)Reducing impervious surface; (e)Increasing structure setbacks; September 27, 2021 City Council Meeting Minutes 17 Council Packet Page Number 19 of 253 E2 (f)Wetland and drainage route restoration and/or preservation; (g)Limiting the height of structures; (h)Modifying structure design to limit visual impacts on PRCVs; and (i)Other conservation measures. (d)Application materials. Applications for permits and discretionary actions required under this ordinancemust submit the following information unless theCity Manager or his or her designee determines that the information is not needed. (1) A detailed project description; and (2)Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe: (a)Primary conservation areas; (b)Public river corridor views; (c) Buildable area; (d)Existing and proposed topography and drainage patterns; (e)Proposed stormwater and erosion and sediment control practices; (f)Existing and proposed vegetation to be removed and established; (g)Ordinary high water level, bluff lines, and all required setbacks; (h)Existing and proposed structures; (i)Existing and proposed impervious surfaces; and (j)Existing and proposed subsurface sewage treatment systems. (e) Nonconformities. (1)All legallyestablished nonconformities as of the date of this ordinance may continue consistent with Minnesota Statutes, section 462.357, subdivision 1.e. (2)New structures erected in conformance with the setback averaging provisions are conforming structures. (3)Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, stormwater control measures, and other nonstructural site improvements. September 27, 2021 City Council Meeting Minutes 18 Council Packet Page Number 20 of 253 E2 (4)Legally nonconforming principal structures that do not meet the setback requirements may be expanded laterally provided that: (a)The expansion does not extend into the bluff impact zone or further into the required setback than the building line of the existing principal structure; and (b)The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development. (f) Notifications. (1)Amendments to this ordinanceand to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B – I. (2)Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master plans, and PUDs, must be sent to the following entities at least thirty (30) days prior to the hearing: (a)The Commissioner in a format prescribed by the Minnesota Department of Natural Resources; (b)National Park Service; and (c) Where building heights exceed the height limits as part of the conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river. (3)Noticeof final decisions for actions, including findings of fact, must be sent to the Commissioner, the National Park Service, and adjoining local governments within the MRCCA within ten (10) days of the final decision. (4)Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C. (5)The Minnesota Department of Natural Resources willbe notified at time of application submittal of master plans, Planned Unit Developments, and preliminaryand final plats. (g)Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the person'sproperty, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must: (1)Comply with the structure setback requirements; or (2)If the structure setbacks cannot be complied with, the ramps or other facilities are allowed with an administrative permit provided: September 27, 2021 City Council Meeting Minutes 19 Council Packet Page Number 21 of 253 E2 (a)The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and (b)Upon expiration of the permit, the ramp or other facilities must be removed. Sec. 44-1196.- MRCCA District (a)Purpose. The purpose of this ordinanceis to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district. (b)District description and management purpose. The MRCCA in the City is classified as Rural and Open Space (ROS). (c) Description. The ROS District is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district. (d)Management purpose. The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. (e)MRCCA district map. The locations and boundaries of the MRCCA district established by this ordinanceis shown on the Maplewood zoning map as the MRCCA overlay district which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries; unless a boundary, line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map. Sec. 44-1197.– Special Land Use Provisions. (a)Purpose. To identify development standards and considerations for land uses that have the potential to negatively impact primary conservation areas and public river corridor views. (b)Underlying zoning. Uses within the MRCCA are generally determined by underlying zoning, with additional provisions for: (1)Wireless communication towers. Wireless communication towers require a conditional use permit per Maplewood City Code, Article XI (Commercial Use Antennas and Towers)subject to the following design standards: September 27, 2021 City Council Meeting Minutes 20 Council Packet Page Number 22 of 253 E2 (a)The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA; (b)The tower must meet the structure setback requirements; and (c) Placement of the tower must minimize impacts on public river corridor views. (d)Comply with the general design standards. Sec. 44-1198.– Structure Height and Placement. (a)Purpose. To establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. (b)Structure height. (1)Structures and facilities are limited to thirty-five (35) feet in height or lower unless identified as exempt. (2)In addition to the variance requirements, criteria for considering whether to grant a variance for structures exceeding the height limits must include: (a)Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities; (b)Determination that the proposed structure meets the required bluff setbacks; (c) Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as: (d)Placing the long axis of the building perpendicular to the river; (e)Stepping back of portions of the facade; (f)Lowering the roof pitch or use of a flat roof; (g)Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials; (h)Narrowing the profile of upper floors of the building; or (i)Increasing the setbacks of the building from the blufflines; (j)Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and September 27, 2021 City Council Meeting Minutes 21 Council Packet Page Number 23 of 253 E2 (k)Opportunities for creation or enhancement of public river corridor views. (c) Structure,impervious surface,and patioplacement. (1)Impervious surfaces and patios must not be placed in the bluff impact zones. (2)Principal and accessory structures: (a)Must not be placed in the bluff impact zones. (b)Must maintain: (1)a 100-foot setback to a bluff line; or (2)an average setback of the adjoining lots.Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scaleand bulk bluff ward of the setbacks are consistent with adjoining development. See Figure 4. Figure 4. Structure Setback Averaging (c) Accessory structures under two hundred (200) square feet and decks may encroach into the required setbacks without a variance provided that the: (1)Encroachment does not exceed fifteen (15) percent of the required structure setback; (2)Area of the accessory structure under two hundred (200) square feet and decks must not occupy more than twenty five (25) percent of the total area between the required setback and the fifteen (15) percent using the formula: Required setback depth (feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum total area. See Figure 5. September 27, 2021 City Council Meeting Minutes 22 Council Packet Page Number 24 of 253 E2 Figure 5. Accessory Structure Under 200 Square Feet and Deck Encroachments (3)The accessory structure under two hundred (200) square feet and the deck does not extend into the bluff impact zone. See Figure 5. Section 44-1199. – Performance Standards for Private Facilities (a)Purpose. To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. (b)General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements. (c) Private roads must be designed as follows: (1)To take advantage of natural vegetation and topography so that they are not readily visible; (2)Comply with the structure setback requirements. (3)Not be placed within the bluff impact zone, unless exempt. (d)Private access paths must be no more thanfour (4)feet wide if placed within the bluff impact zone. Sec. 44-1200.– Performance Standards for Public Facilities. (a)Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility. September 27, 2021 City Council Meeting Minutes 23 Council Packet Page Number 25 of 253 E2 (b)Generaldesign standards. All public facilities must be designed and constructed to: (1)Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility; (2)Comply with the structure placement and height standards, unlessexempt; (3)Be consistent with the vegetation management standards and the land alteration and stormwater management standards including use of practices identified in Best Practices for Meeting Minnesota Department of Natural Resources General Public Waters Work Permit GP 2004-0001, where applicable; (4)Avoid primaryconservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and (5)Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting. (6)Minimize disturbance during bird migration and nesting times by scheduling construction at times when birds are not migrating or nesting. (c) Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards: (1)Vegetation currently in a natural state must be maintained to the extent feasible; (2)Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and (3)Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use. (d)Public utilities. Public utilities must comply with the following standards: (1)High-voltage transmission lines, wind energy conversion systems greater than5 megawatts, and pipelines are regulated according to Minnesota Statutes, chapter 216E,216F, and 216Grespectively; and (2)If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river and follow other existing right-of-ways as much as practicable. September 27, 2021 City Council Meeting Minutes 24 Council Packet Page Number 26 of 253 E2 (3)The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color. (4)Wireless communication facilities. (e)Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards.Public transportation facilities must be designed and constructed to give priority to: (1)Providing scenic overlooks for motorists, bicyclists, and pedestrians; (2)Providing safe pedestrian crossings and facilities along the river corridor. (f)Public recreational facilities. Public recreational facilities must comply with the following standards: (1)Buildings and parking associated with pubic recreational facilities must comply with the structure placement and height standards, unless exempt. (2)Roads and driveways associated with public recreational facilities must not be placed in the bluff impact zone unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to erodible soils and slopes and other sensitive resources. (3)Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in the Minnesota Department of Natural Resources Trail Planning, Design, and Development Guidelines. (a) Hard-surface trails are not allowed on the face of bluffs with a slope exceeding thirty (30) percent. Natural surface trails are allowed, provided they do not exceed eight (8)feet in width. (b) Trails, paths, and viewing areas must be designed and constructed to minimize: (1)Visibility from the river; (2)Visual impacts on public river corridor views; and (3)Disturbance to and fragmentation of primary conservation areas. (g)Public signs and kiosks for interpretive or directional purposes are allowed in the bluff impact zone, provided they are placed and constructed to minimize disturbance to these areasand avoid visual impacts on public river corridor views. If illuminated, the lighting must be fully shielded and be directed downward. Sec. 44-1201.– Vegetation Management September 27, 2021 City Council Meeting Minutes 25 Council Packet Page Number 27 of 253 E2 (a)Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas. (b)Applicability. This ordinanceapplies to: (1)Areas within wetland buffers required in the wetland ordinance; (2)Areas within fifty (50) feet of a natural drainage route; (3) Bluff impact zones; (4) Areas of native plant communities; and (5) Significant existing vegetative stands identified in theMRCCA plan. (c) Activities allowed without a vegetation permit. (1)Maintenance of existing lawns, landscaping, and gardens; (2)Removal of vegetation in emergency situations as determined by the City; (3)Right-of-way maintenance for public facilities. (4)Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including removal of: (a)Vegetation that is dead, diseased, dying, or hazardous; (b)Vegetation to prevent the spreadof diseases or insect pests; (c) Individual trees and shrubs; and (d)Invasive non-native species. (d) Activities allowed with a vegetation permit: (1) Clearing of vegetation that is dead, diseased, dying, or hazardous; (2)Clearing to prevent the spread of diseases or insect pests; (3)Clearing to remove invasive non-native species. (4)Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City. (5)The minimum necessary for development that is allowed with a building permit or as an exemption. (e) General Performance Standards. The following standards must be met, in addition to arestoration plan, in order to approve a vegetation permit: September 27, 2021 City Council Meeting Minutes 26 Council Packet Page Number 28 of 253 E2 (1)Development is sited to minimize removal of or disturbance to natural vegetation; (2)Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by the Public Works Director. (3)Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views and other scenic views; (4)Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time, and to avoid bird migration and nesting seasons; and (5)Any other condition determined necessary to achieve the purpose of this ordinance. (f)Prohibited activities. All other intensive vegetation clearing is prohibited. (g) Vegetation restoration plan. (1)Development of a vegetation restoration plan and reestablishment of natural vegetation is required: (a)For any vegetation removed with a permit; (b)Upon failure to comply with any provisions in this ordinance; or (c) As part of the planning process for subdivisions. (h) Restoration Plan Performance Standards. (1) Vegetation must be restored in one or more of the following restoration priority areas: (a)Stabilization of erodible soils. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs. (b)Other approved priority opportunity areas, including priorities identified in the MRCCA plan, if none of the above exist. (2) Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by the Minnesota Board of Soils and Water Resources Native Vegetation Establishment and Enhancement Guidelines. (3) Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density. September 27, 2021 City Council Meeting Minutes 27 Council Packet Page Number 29 of 253 E2 (4) Vegetation removed must be restored with natural native vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable. (5) For restoration of removed native plant communities, restored vegetation must also provide biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed. (6) Be prepared by a qualified individual with demonstrable experience and knowledge related to management of natural areas such as natural resource manager or ecologist. (7) Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years. (8) A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied. Sec. 44-1202.– Land Alteration Standards and Stormwater Management. (a)Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain the stability of bluffs, and other areas prone to erosion. (b) Land alteration. (1)Within the bluff impact zone, landalteration is prohibited, except for the following, which are allowed by permit. (a)Erosion control consistent with a plan approved by the local government or resource agency; (b)The minimum necessary for development that is allowed as an exception;and (c) Repairand maintenance of existing buildings and facilities. (2)Within the water quality impact zone, land alteration that involves more than ten cubic yards of material or affects an area greater than 1,000 square feet requires a permit. (3)Construction or replacement retaining walls and other erosion control structures within the bluff impact zone are allowed with a permit provided that: (a)The retaining walls and other erosion control structures are used only to correct an established erosion problem as determined by the City. September 27, 2021 City Council Meeting Minutes 28 Council Packet Page Number 30 of 253 E2 (b)The size and extent of the retaining walls and other erosion control structures are the minimum necessary to correct the erosion problem. (c) The retaining walls are limited to five (5) feet in height and must be placed a minimum horizontal distance of ten (10) feet apart, unless a professional engineer determines that a larger retaining wall is needed to correct the erosion problem. (4) In the bluff impact zone, stormwater management facilities are prohibited, except by permit if: (a)There are no alternatives for stormwater treatment outside the bluff impact zone on the subject site; (b)The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable; (c) The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and (d)Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. (5)In the water quality impact zone, development that creates new impervious surface, as allowed by exemption, or fully reconstructs existing impervious surface of more than ten thousand (10,000) square feet requires a storm water permit. Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five (5) feet wide. (6)On steep slopes, land alteration is prohibited except for the following, which are allowed by permit. (a)Erosion control consistent with an erosion control plan approved by the local government. (b) Essential services with an erosion control plan approved by the local government. (c) Retaining walls with an erosion control plan approved by the local government. (d) Repair and maintenance of existing buildings and facilities with an erosion control plan approved by the local government. (e) Vegetation management. (7)In all other areas, stormwater runoff must be directed away from the bluff impact zones or unstable areas. (c) Conditions of land alteration permit approval. September 27, 2021 City Council Meeting Minutes 29 Council Packet Page Number 31 of 253 E2 (1)Temporaryand permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Pollution Control Agency Stormwater Manual; (2) Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation; (3) Construction activity is phased when possible; (4) All erosion and sediment controls are installed before starting any land disturbance activity; (5) Erosion and sediment controls are maintained to ensure effective operation; (6) The proposed work is consistent with the vegetation standards; and (7) Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting Minnesota Department of Natural Resources General Public Waters Work Permit GP 2004-0001. (d) Compliance with other plans and programs. All development must: (1) Be consistent with Minnesota Statutes, chapter 103B, andlocal water management plans completed under chapter 8410; (2) Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and (3) Meet or exceed the floodplain management standards under Minnesota Rules, chapter 6120. 5000 – 6120.6200 Sec. 44-1203.– Subdivision and Land Development Standards. (a)Purpose. (1)To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites. (2)To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and (3)To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans. (b)Applicability. (1)The design standards in this ordinanceapply to subdivisions, planned unit developments and master-planned development and redevelopment of land involvingtwenty (20) or more acres, including smaller individual sites September 27, 2021 City Council Meeting Minutes 30 Council Packet Page Number 32 of 253 E2 within the following developments that are part of a common plan of development that may be constructed at different times: (a)Subdivisions; (b)Planned unit developments; and (c) Master-planned development and redevelopment of land. (2)The following activities are exempt from the requirements of this ordinance: (a)Minor subdivisions consisting of three or fewer lots; (b)Minor boundary line corrections; (c) Resolutions of encroachments; (d)Additions to existing lots of record; (e)Placement of essential services; and (c) Design standards: (1)Fifty(50) percent of the total parcel area must be set aside and designated as a primary conservation area. (2) If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. (3) If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified areas, and the area must be set aside and designated as protectedopen space. (4) Stormwater treatmentareas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. (5) Land dedicated as City or County open space for public parks, or other open space or public facilities may be counted toward the protected open space requirement. (6) Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network. (7) Permanent protection of designated open space. September 27, 2021 City Council Meeting Minutes 31 Council Packet Page Number 33 of 253 E2 (a)Designated open space areas must be protected through one or more of the following methods: (1) Public acquisition by a government entity for conservation purposes; (2) A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C; (3) A deed restriction; and (4) Other arrangements that achieve an equivalent degree of protection. (b)Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration. Sec. 44-1204. – Exemptions. (a)Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilitiesas provided in Minnesota Statutes 116G.15 Subd. 4. (b)Applicability. (1)Uses and activities not specifically exempted must comply with this ordinance. Uses and activities exempted under the bluff impact zone must comply with the vegetation management and land alteration standards. (2) Uses and activities are categorized as: (a)Exempt – E. This means that the use or activity is allowed; (b)Exempt if no alternative - (E). This means that the use or activity is allowed only if no alternatives exist; and (c) Not exempt - N. This means that a use or activity is not exempt and must meet the standards of this ordinance. (c) Use and activity exemptions classification. (1)General uses and activities. Use or ActivitySet-backsHeight Biz Limits Chimneys, church spires, flag poles, NEN public monuments Historic properties and contributing EEE properties in historic districts(Exemptions do not apply to additions or site alterations) September 27, 2021 City Council Meeting Minutes 32 Council Packet Page Number 34 of 253 E2 (2)Private facilities. Use Or ActivitySet-backsHeight Biz Limits Access pathsENE DecksENN (3) Public facilities. Use Or ActivitySet-backsHeight Biz Limits Electrical power facilitiesEEN Wireless communication towersNEN Bridges and bridge approach roadwaysEE(E) Essential services (other than stormwater EE(E) facilities) Stormwater facilitiesEN(E) Public transportation facilitiesEN(E) (4) Public recreational facilities. Use Or ActivitySet-backsHeight Biz Limits Monuments, flagpoles, and similar park EEN features Picnic shelters and other open-sided ENN structures Parking lots(E)NN Roads and driveways(E)N(E) Natural-surfaced trails, access paths, ENE and viewing areas Hard-surfaced trails and viewing EN(E) platforms Public signs and kiosks for interpretive or EN(E) directional purposes Secs. 44-1205—44-1235.- Reserved. Section II. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember VillavicencioAyes – All The motion passed. CouncilmemberJuenemannmoved to approve the resolution authorizing publication of MRCCA Ordinance by title and summary. Resolution 21-09-1988 RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO1021 BY TITLE AND SUMMARY September 27, 2021 City Council Meeting Minutes 33 Council Packet Page Number 35 of 253 E2 WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1021, an ordinance repealing the Mississippi River Corridor Critical Area (MRCCA) Ordinance and creating a new MRCCA Ordinance; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1021 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No. 1021,repealing the MRCCA Ordinance and creating a new MRCCA Ordinance. Following is a summary of the ordinance: The provisions of the Mississippi River Corridor Critical Area (MRCCA) ordinance apply to land within the river corridor boundary as described in the State Register, volume 43, and pages 508 to 519 and shown on the Maplewood zoning map as the MRCCA overlay district. The MRCCA ordinance is consistent with state rules. The purpose of the MRCCA ordinance is to: • Establish standards that protect primary conservation areas and public river corridor views from development impacts; and • Establish standards that sustain and enhance the biological and ecological functions of vegetation and preserve the natural character and topography of the MRCCA; and • Maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas. The ordinance shall be effective upon adoption and publication. A full copy of the ordinance is available in the office of the city clerk. BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember VillavicencioAyes – All The motion passed. Councilmember Juenemannmoved to approve the ordinance repealing the Slopes and Erosion Control Ordinance and creating a new Slopes and Bluffs Ordinance. Ordinance #1022 September 27, 2021 City Council Meeting Minutes 34 Council Packet Page Number 36 of 253 E2 ORDINANCE REPEALING THE SLOPES AND EROSION CONTROL ORDINANCE AND CREATING A NEW SLOPES AND BLUFFS ORDINANCE The Maplewood City Council ordains as follows: Section I. This section repeals the Slopes and Erosion Control Ordinance, Secs. 18-461 to 18- 580 and replaces it with a new Slopes and Bluffs ordinance. DIVISION 7. – SLOPESAND BLUFFS Sec. 18-461. - Definitions. Biological and ecological functions means functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. Bluff means a natural topographic feature having a slope that rises at least twenty five (25) feet where the grade of the slope averages eighteen (18) percent or greater, measured over any horizontal distance of 25 feet, from the toe of the slope to the top of the slope.Where the slope begins below the ordinary high water level, the ordinary high water level is the toe of the slope. See Figure 1. Figure 1. Bluff Bluff impact zone(BIZ)means a bluff and land located within twenty (20)feet of the top of the bluff. See Figure 2. Figure 2. Bluff Impact Zone September 27, 2021 City Council Meeting Minutes 35 Council Packet Page Number 37 of 253 E2 Blufflinemeans a line delineating the top of the bluff. Bluff, Toe ofmeans a line along the bottom of a bluff, requiring field verification, such that the slope above the line exceeds 18 percent and the slope below the line is 18 percent or less, measured over a horizontal distance of 25 feet. See Figure 1. Bluff, Top ofmeans a line along the top of a bluff, requiring field verification, such that the slope below the line exceeds 18 percent and the slope above the line is 18 percent or less, measured over ahorizontal distance of 25 feet. See Figure1. Erosionmeans the general process by which soils are removed by flowing surface or subsurface water or wind. Erosion control plan means a document that, when implemented, will decrease soil erosion on a parcel of land being developed, as well as off-site sediment damages. Essential services means public utilities including underground or overhead gas, electrical, communications, water distribution, or stormwater management facilities. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Impervious surfacemeans a constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surfacein greater quantities and at an increased rate of flow than prior to development. Intensive vegetation clearingmeans the removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. Land alterationmeans an activity that exposes the soil or changes the topography, drainage, or cross-section of the land, excluding gardening or similar minor soil disturbances. Native plant community means a community identified by the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. Natural vegetationmeans any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Vegetation means any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. Retaining wallmeans a vertical or nearly vertical structure constructed to hold back soil/earth. Sedimentmeans suspended matter carried by water, sewage or other liquidsthat can be deposited in a new location. Selective vegetation removal means the removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. September 27, 2021 City Council Meeting Minutes 36 Council Packet Page Number 38 of 253 E2 Setback means a separation distance measured horizontally. Steep slope means a natural topographic feature with an average slope of twelve (12) to eighteen (18) percent, measured over a horizontal distance equal to or greater than fifty (50) feet; and any slope greater than eighteen (18) percent that are not bluffs measured over a horizontal distance equal to or greater than fifty (50) feet. Stormwater management facilitiesare facilities for the collection, conveyance, treatment, or disposal of stormwater. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Water bodymeans any lake, stream, pond, wetland or river. Wetland is the meaning given under Minnesota Statutes, section 103G.005. Sec. 18-462. - Findings and purpose. The city desires to protect steep slopes to minimize erosion,protecthabitat, and reduce stress on natural water systems by preservingsteep slopesin a natural, vegetated state. The purpose of this ordinance is to establish steep slope preservation and protection regulations to assure: (a) Maintain slope stability. (b) Protect downstream waterbodies from sedimentation. (c) Preserve native plant and wildlife communities. (d)Preserve natural topography. (e)Maintain existing drainage patterns. (f)Preserve historical and scenic significance. Sec. 18-463.- Structure and impervious surface placement. (a)Structures and impervious surfaces must not be placed in the bluff impact zones unless identified as an exemption. (b)Setbacks: (1)Bluffline: a.Accessory structures, decks, and facilities must maintain the setbacks identified in the Mississippi River Corridor Critical Area (MRCCA)ordinance (Sections 44-1191 to 44-1235). b.Principal structures must maintain the setbacks identified in the MRCCA ordinance (Sections 44-1191 to 44-1235). September 27, 2021 City Council Meeting Minutes 37 Council Packet Page Number 39 of 253 E2 (2)Steep Slope: a.Principal and accessory structures, decks, and facilities must maintain a 40-foot setback to a steep slope except as follows: 1.Legally nonconforming principal and accessory structures, decks, and facilities that do not meet the setback requirements may be expanded laterally with an approved building permit. The expanded structure’s scale and bulk is consistent with that of the original structure and existing surrounding development. 2.Exemptions to the steep slope setback: 1.Public recreation facilities. 2.Scenic overlooks. 3.Public observation platforms. 4.Public trail systems. Sec. 18-464.– Land Alteration Standards and Stormwater Management. (a)Land alteration is prohibitedon steep slopes, except for the following, which are allowed by permit. (1)Erosion control consistent with an erosion controlplan approved by the local government. (2)Essential services with an erosion control plan approved by the local government. (3)Retaining walls with an erosion control plan approved by the local government. (4)Repair and maintenance of existing buildings and facilitieswith an erosion control plan approved by the local government. (5)Vegetation management. (b) Stormwater runoff must be directed away from steep slopes. Sec. 18-465.- Vegetation Management (a)Intensive vegetation clearing is prohibited on steep slopes. (b)Selective vegetation clearing is permitted on steep slopes with a permit. (c) Vegetation Restoration Plan: (1) Development of a vegetation restoration plan and reestablishment of natural vegetation is required for: a. Any vegetation removed as part of a permitted land alteration. b.Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes. September 27, 2021 City Council Meeting Minutes 38 Council Packet Page Number 40 of 253 E2 (2)Vegetation restoration plan shall: a.Include restoration with native vegetation to the greatest extent practicable. b.Be restored to an area (square feet) similar to that removed to the greatest extent practicable. c. Be restored with vegetation that providesbiological and ecological function equivalent to any native plant community vegetation removed. d.Be prepared by a qualified individual with demonstrable experience and knowledge related to management of natural areas such as natural resource manager or ecologist. e.Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years. f.Require acertificate of compliance by the City after the vegetation restoration plan requirements have been satisfied. Sec. 18-466.- Erosion control and soils. (a)The following erosioncontrol and soil standards apply to all land alteration: (1)All erosion control, stormwater runoff, and essential service shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on steep slopes. This requirement may be waived by the city council where there is no other alternative. (2) Construction shall not be allowed where there are soil problems, including, but not limited to, soil-bearing strength, shrink/swell potential or excessive frostmovement unless effective soil correction measures or building construction methods are approved by the building official. (3) Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. (4)Erosion protection measures shall makemaximum use of existing vegetation, rather than the placing of new vegetation on the site. Sec. 18-467-18-580. – Reserved. Section II. This ordinance shall be effective following its adoption and publication. September 27, 2021 City Council Meeting Minutes 39 Council Packet Page Number 41 of 253 E2 Seconded by CouncilmemberVillavicencio Ayes – All The motion passed CouncilmemberJuenemannmoved to approve the resolution authorizing publication of the Slopes and Bluffs Ordinance by title and summary. Resolution 21-09-1989 RESOLUTION AUTHORIZING PUBLICATION OF ORD. NO. 1022 BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 1022, an ordinance repealing the Slope and Erosion Control Ordinance and creating a new Slope and Bluffs Ordinance; and WHEREAS, MinnesotaStatutes, §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 1022to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood City Council has adopted Ordinance No.1022, repealing the Slopes and Erosion Control Ordinance and creating a new Slopes and Bluffs Ordinance. The Slopes and Bluffs ordinance establishes steep slope preservation and protection regulations throughout the City, including the Mississippi River Corridor Critical Area (MRCCA). The ordinance is to maintain slope stability, protect downstream waterbodies from sedimentation, preserve native plant and wildlife communities, preserve natural topography, maintain existing drainage patterns, and preserve historical and scenic significance through regulations for setbacks, stormwater and vegetation management and erosion control. The ordinance shall be effective upon adoption and publication. A full copy of the ordinance is available in the office of the city clerk. BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection. Seconded by Councilmember VillavicencioAyes – All The motion passed. 3.City Manager Annual Performance Evaluation a.Intent to Close Regular Meeting Pursuant to Minnesota Statutes §13D.05, subd. 3(a) September 27, 2021 City Council Meeting Minutes 40 Council Packet Page Number 42 of 253 E2 b.Summarize Conclusions of the City Manager Performance Evaluation c.Fourth Amendment to City Manager Employment Agreement Finance Director Paulseth gave the staff report. Mayor Abramsmoved to close the regular meetingof the city counciland go into closed session, for the purposeof evaluating the performance of City Manager Melinda Coleman,pursuant to Minnesota State Statute 13D.05 subd. 3a. Seconded by Councilmember JuenemannAyes – All The motion passed. Mayor Abrams closed the meeting at8:21p.m. Present at the closed session: Mayor Abrams, Councilmember Juenemann, Councilmember Knutson, Councilmember Villavicencio, Councilmember Cave, and City Manager Coleman. Mayor Abrams called the meeting back to order at8:53p.m. Mayor Abrams provided a summary of the closed session evaluating the performance of City Manager Melinda Coleman. Mayor Abramsmoved to approve the Fourth Amendment to the City Manager Employment Agreement and authorize the Mayor and Finance Director to execute said Amendment on behalf of the City. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at8:59 p.m. September 27, 2021 City Council Meeting Minutes 41 Council Packet Page Number 43 of 253 F1a Council Packet Page Number 44 of 253 F3 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER: Michael Mondor, Fire and EMS Chief AGENDA ITEM: Heart Safe Community Recognition Presentation Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood recently earned the Minnesota Heart Safe Community designation. Recommended Action: View presentation, and recognition of the City of Maplewood achieving the Minnesota Heart Safe Community designation. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A 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. Through this process, staff educated community members about sudden cardiac arrest and improving heart health. Staff trained people on how to use automatic external defibrillators (AEDÓs) and how to perform CPR. Background The Minnesota Heart Safe designation recognizes a communityÓs efforts to prepare its staff and citizens to recognize when someone suffers a sudden cardiac arrest and how to respond. Cardiac arrest is the second-leading cause of death in Minnesota, and the Maplewood Public Safety Department is committed to improving community health. Beginning in 2015, Public Safety staff began working on the Heart Safe Initiative with a focus on early access & early CPR, early defibrillation and AED identification, early advanced cardiac arrest and post cardiac arrest care and community heart health. Council Packet Page Number 45 of 253 F3 In April of 2021 the City of Maplewood met all criteria to become a Minnesota Heart Safe Community. To achieve this goal, Maplewood Public Safety staff focused on: Early Access: For the past several years, the Maplewood Public Safety Department has hosted CPR and AED classes ranging from 2 to 272 participants. During that time, the Department has hosted 29 events with 25 or more participants, which has resulted in over 2,600 people receiving this life saving training. In addition to CPR and AED training, all emergency medical service calls are processed through pre-arrival, which includes dispatch assisted CPR. The City of Maplewood is home to students in Independent School DistrictÓs 622 and 623 along with several private schools. The Department has reached out these schools to assure that schools and municipal buildings have effective emergency response plans (ERP) that may include CPR and AEDÓs. Early CPR: At the time of the application, the City of Maplewood had a population of slightly over 38,000, the DepartmentÓs CPR training has reached 6.7% of the population. The Department will continue its efforts with a goal of reaching 10% of the population trained by the end of 2022. The Department connected with area school district administration to discuss the CPR in schools bill and the Anyone Can Save a Life program for athletic directors. Early Defibrillation: As a result of the implementation of Heart Safe initiatives, the City was able to outfit all police response vehicles with AEDÓs and that all police officers received Basic Life Support-CPR training, ensuring that all first responders in the community are prepared to act when encountered with a cardiac arrest. Additionally, the Department has identified 123 public access AEDÓs and registered them on PulsePoint© which has not only allowed for the AEDÓs to be mapped, but the AED locations are also available to the public, real time via the PulsePoint© app. Early Advanced Care: The City of MaplewoodÓs emergency medical service is provided by Maplewood Fire/EMS. The Maplewood Fire/EMS Department provides three advanced life support ambulances and an advanced life support engine to ensure that advanced life support providers respond to all medical emergencies in the community. Additionally, during the Heart Safe process, the City has committed to re-training all police officers in Emergency Medical Responder (EMR). This training, combined with CPR has led to a more prompt, robust response to life threatening emergencies. Post-Cardiac Arrest Care: The City of Maplewood is fortunate to be situated within 10 miles of three cardiac centers for excellence. The Maplewood Fire/EMS Department has strong partnerships with community hospitals, which ensures continuity of care for all cardiac arrest victims. Community Heart Health: The Maplewood Public Safety Department has taken several steps to address opportunities to improve heart health through initiatives described in the community heart health section of the Heart Safe Community Designation application. Council Packet Page Number 46 of 253 F3 In 2015, the Department sent a letter of intent to the American Heart Association-MN Office prior to kicking off itsÓ Heart Safe Initiative with a goal of declaring intent and earning twenty additional heartbeats. The City has taken a multi-disciplinary approach to becoming a Heart Safe Community. In addition to the Maplewood Fire/EMS DepartmentÓs community engagement, City staff have taken steps to create opportunities for citizens to reduce their weight. These steps include a partnership with the YMCA to provide low cost access to physical fitness facilities and policy adoption. Healthy Weight: The City of Maplewood adopted its Living Street Policy in 2010. This policy creates opportunities for citizens to reduce/maintain a healthy weight. For each street improvement project the city evaluates the project through the lens of this policy. The high level goals of MaplewoodÓs Living Streets Policy are to: 1) Encourage people to travel by walking or bicycling 2) Enhance the safety and security of streets 3) Create livable neighborhoods Looking back to 2015 the following is a list of infrastructure project that were built following the Living Street Policy, which included sidewalks and/or trails. 2015 Î County Road B Trail and Safety Improvements o Safe Routes to School project 2 Schools o 0.9 miles of trail o Two rectangular rapid flashing beacons 1 at each school 2015 Î Gladstone Improvements Phase 2 o Street reconstruction project o 0.9 miles of trails and sidewalks 2016 Î Beebe Road Street Improvements o Street reconstruction project o 0.5 miles of trail 2018 Î Ferrell-Ferndale Area Street Improvements o Street reconstruction project o 1.3 miles of sidewalk 2019 Î Ferndale-Ivy Area Street Improvements o Street reconstruction project o 0.7 miles of sidewalk The celebration of this accomplishment was delayed due to COVID-19. Renee Hamdorf, a representative from Minnesota Heart Safe will provide a brief presentation and recognition to the City of Maplewood for earning the Minnesota Heart Safe Designation. Attachments 1. N/A Council Packet Page Number 47 of 253 Agenda Item For Meeting F3, the Additional permanent Date: Attachment 10/11/2021 record: Agenda Item For Meeting F3, the Additional permanent Date: Attachment 10/11/2021 record: Agenda Item For Meeting F3, the Additional permanent Date: Attachment 10/11/2021 record: F4 Council Packet Page Number 48 of 253 F4 Council Packet Page Number 49 of 253 F4, Attachment 1 Council Packet Page Number 50 of 253 F4, Attachment 2 Council Packet Page Number 51 of 253 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 52 of 253 G1 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO:Melinda Coleman, City Manager Ellen Paulseth, Finance Director REPORT FROM: Ellen Paulseth, Finance Director PRESENTER: Approval of Claims AGENDA ITEM: Action Requested: MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: The City Manager has reviewed the bills and authorized payment in accordance with City Council policies. Recommended Action: Motion to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,114,482.97 Checks # 108008 thru # 108033 dated 09/28/21 $ 74,538.50 Checks # 108034 thru # 108055 dated 10/05/21 $ 904,521.95 Disbursements via debits to checking account dated 09/20/21 thru 10/03/21 $ 2,093,543.42 Total Accounts Payable PAYROLL $ 608,047.71 Payroll Checks and Direct Deposits dated 10/01/21 $ 608,047.71 Total Payroll $ 2,701,591.13 GRAND TOTAL Background A detailed listing of these claim has been provided. 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 1.Listing of Paid Bills Council Packet Page Number 53 of 253 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 10800809/28/202100687HUGO'S TREE CARE INCTREE & STUMP REMOVAL2,700.00 10800909/28/202100875LOFFLER COMPANIES, INC.CANON COPIER USAGE FEES-FINAL CH44.00 10801009/28/202100985METROPOLITAN COUNCILWASTEWATER - OCTOBER303,460.53 10801109/28/202101202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - SEPTEMBER7,753.91 10801209/28/202101337RAMSEY COUNTY-PROP REC & REV911 DISPATCH SERVICES - AUGUST38,891.45 09/28/202101337RAMSEY COUNTY-PROP REC & REVCAD SERVICES - AUGUST5,327.37 09/28/202101337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - AUGUST726.96 10801309/28/202101574T A SCHIFSKY & SONS, INCPROJ 20-08 MONTANA-NEBRASKA PMT#2660,644.60 09/28/202101574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS1,277.34 10801409/28/202104845TENNIS SANITATION LLCRECYCLING FEE - AUGUST66,414.68 10801509/28/202105013YALE MECHANICAL LLCSUMMER HVAC MAINT - CITY HALL2,163.75 09/28/202105013YALE MECHANICAL LLCSUMMER HVAC MAINT - SOUTH FS555.75 10801609/28/202104848AVESISMONTHLY PREMIUM - OCTOBER432.27 10801709/28/202106160AWARDS NETWORKEMPLOYEE RECOGNITION AWARDS 2021150.00 09/28/202106160AWARDS NETWORKEMPLOYEE RECOGNITION AWARDS 202135.00 10801809/28/202102789COMCAST CABLE COMM INCFIBER OPTIC LEASE FOR FS#3413.00 10801909/28/202105618ENTERPRISE FM TRUSTDMV TITLE FEE 2016 FORD EXPL35.00 10802009/28/202105736FOREST LAKE SPORTSMEN'S CLUB2021 FIREARMS RANGE FEES2,520.00 10802109/28/202102137KENNEDY & GRAVEN CHARTEREDATTORNEY FEES - AUGUST7,309.64 10802209/28/202100532MADDEN GALANTER HANSEN, LLPHR LEGAL FEE LABOR REL-RATE INCREAS652.00 10802309/28/202101175CITY OF NORTH ST PAULMONTHLY UTILITIES - AUGUST4,199.90 10802409/28/202100001ONE TIME VENDORREIMB C RUDESILL - DRIVEWAY APRON248.01 10802509/28/202100001ONE TIME VENDORREIMB C PICKETT - SPRINKLER REPAIR228.78 10802609/28/202100001ONE TIME VENDORREIMB G YANG - SPRINKLER REPAIR215.00 10802709/28/202100001ONE TIME VENDORREIMB J SCHADT - SPRINKLER REPAIR200.00 10802809/28/202100001ONE TIME VENDORCOMPASS GROUP OVERPD LICENSE FEE168.25 10802909/28/202100001ONE TIME VENDORREIMB L HIGGINS - SPRINKLER REPAIR145.28 10803009/28/202106269OPTUMNON-DISCRIMINATION TEST - AUGUST250.00 10803109/28/202100396MN DEPT OF PUBLIC SAFETYFINGERPRINT BACKGROUND FEE ACCT200.00 10803209/28/202102001CITY OF ROSEVILLEPHONE & IT SUPPORT SRVS - SEPTEMBER5,750.50 10803309/28/202106122SANDSTROM LAND MANAGEMENTWEEDING - AUGUST & SEPTEMBER1,370.00 1,114,482.97 Checks in this report. 26 Council Packet Page Number 54 of 253 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 10803410/05/202100211BRAUN INTERTEC CORP.NORTH FIRE STATION CONST PROJ3,740.50 10803510/05/202100687HUGO'S TREE CARE INCSTORM REMOVAL - 2539 HIGHWOOD250.00 10803610/05/202102728KIMLEY-HORN & ASSOCIATES INCSTRUCTUAL INSPECTION/TESTING EMTF2,154.45 10803710/05/202100875LOFFLER COMPANIES, INC.PRINTER CARTRIDGES71.00 10803810/05/202101574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS3,863.64 10803910/05/202101190XCEL ENERGYELECTRIC UTILITY14,406.70 10/05/202101190XCEL ENERGYELECTRIC & GAS UTILITY1,291.05 10/05/202101190XCEL ENERGYELECTRIC UTILITY453.21 10/05/202101190XCEL ENERGYELECTRIC UTILITY56.34 10/05/202101190XCEL ENERGYGAS UTILITY39.74 10/05/202101190XCEL ENERGYGAS UTILITY39.74 10/05/202101190XCEL ENERGYELECTRIC UTILITY34.10 10804010/05/202101805ZIEGLER INC.ELECTRIC CABLE RENTALS-GENERATOR810.00 10804110/05/202100052ADVANCED GRAPHIX INCHELMET GRAPHICS675.00 10804210/05/202105638ARVIG ENTERPRISES INCFIBER LOCATE CONTRACT 2021 - 20221,440.00 10804310/05/202106160AWARDS NETWORKEMPLOYEE RECOGNITION AWARDS 2021150.00 10804410/05/202105972BHE COMMUNITY SOLAR, LLCCOMMUNITY SOLAR AGREEMENT-JULY8,449.92 10804510/05/202104782DOHERTY'S AUTO BODY REPAIR INCREPAIR PW TRUCK UNIT 651 INS CLAIM14,909.48 10804610/05/202100003ESCROW REFUNDESCROW REL PHILIPSEN 874 KOHLMAN13,762.00 10/05/202100003ESCROW REFUNDESCROW REL PHILIPSEN 874 KOHLMAN2,280.00 10804710/05/202103330HOISINGTON KOEGLER GROUP INCZONING ORDINANCE UPDATE672.40 10804810/05/202100001ONE TIME VENDORREIMB R JACKSON - SPRINKLER REPAIR252.90 10804910/05/202100001ONE TIME VENDORREIMB C OSTLING - SPRINKLER REPAIR140.87 10805010/05/202100001ONE TIME VENDORREIMB K LANGER - SPRINKLER REPAIR47.72 10805110/05/202100001ONE TIME VENDORREIMB E METZGER - LANDSCAPING ROCK26.74 10805210/05/202106111QUADIENT FINANCE USA, INC.POSTAGE - CITY HALL POSTAGE MACHINE1,500.00 10/05/202106111QUADIENT FINANCE USA, INC.POSTAGE - 1902 POSTAGE MACHINE 62971,000.00 10805310/05/202101836ST PAUL, CITY OFCANINE BOARDING-ST PAUL PD KENNEL210.00 10805410/05/202102241TRI TECH DISPENSING INCICE MACHINE REPAIR - FS#2479.00 10805510/05/202105842MIKE TURNBULLFIRE MARSHAL SERVICES 05/14 - 06/141,332.00 74,538.50 Checks in this report. 22 Council Packet Page Number 55 of 253 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 9/20/2021Delta DentalDental Premium3,017.75 9/20/2021Empower - State PlanDeferred Compensation26,330.00 9/20/2021MN Dept of RevenueSales Tax1,651.00 9/20/2021MN Dept of RevenueFuel Tax296.97 9/20/2021MN State TreasurerDrivers License/Deputy Registrar120,767.72 9/21/2021Delta DentalDental Premium940.00 9/21/2021MN State TreasurerDrivers License/Deputy Registrar34,204.01 9/22/2021MN State TreasurerDrivers License/Deputy Registrar32,041.10 9/23/2021MN State TreasurerDrivers License/Deputy Registrar119,233.97 9/24/2021MN Dept of Natural ResourcesDNR electronic licenses334.40 9/24/2021MN State TreasurerDrivers License/Deputy Registrar78,477.69 9/24/2021Optum HealthDCRP & Flex plan payments1,536.35 9/27/2021Delta DentalDental Premium2,443.55 9/27/2021MN State TreasurerDrivers License/Deputy Registrar61,940.16 9/28/2021MN State TreasurerDrivers License/Deputy Registrar34,300.97 9/29/2021MN State TreasurerDrivers License/Deputy Registrar69,130.73 9/29/2021US BankDebt Service Payments45,987.50 9/30/2021MN State TreasurerDrivers License/Deputy Registrar52,939.81 10/1/2021Accela Credit Card BillingCredit Card Billing Fee0.10 10/1/2021MN Dept of Natural ResourcesDNR electronic licenses344.40 10/1/2021MN State TreasurerDrivers License/Deputy Registrar73,994.89 10/1/2021Optum HealthDCRP & Flex plan payments1,602.77 10/1/2021U.S. TreasurerFederal Payroll Tax105,290.13 10/1/2021US Bank VISA One Card*Purchasing Card Items37,715.98 904,521.95 *Detailed listing of VISA purchases is attached. Council Packet Page Number 56 of 253 G1, Attachments Purchasing Card Items Transaction DatePosting DateMerchant NameTransaction AmtName 09/22/202109/24/2021MENARDS MAPLEWOOD MN$9.65DAVE ADAMS 09/22/202109/24/2021OFFICEMAX/DEPOT 6164$16.58REGAN BEGGS 09/21/202109/23/2021CITY OF COTTAGE GROVE$75.00ASHLEY BERGERON 09/15/202109/16/2021RELEASING STRENGTHS$62.21CHAD BERGO 09/16/202109/17/2021TIGHTROPE MEDIA SYSTEMS$1,200.00CHAD BERGO 09/09/202109/13/2021THE HOME DEPOT #2801$71.42NEIL BRENEMAN 09/16/202109/20/2021THE HOME DEPOT #2801$15.96BRENT BUCKLEY 09/16/202109/20/2021THE HOME DEPOT #2801$7.98BRENT BUCKLEY 09/13/202109/14/2021GRANDMAS BAKERY$31.20DANIEL BUSACK 09/13/202109/15/2021CARIBOU COFFEE CO #155$30.04DANIEL BUSACK 09/22/202109/22/2021EISEMAN-LUDMAR CO INC$91.29DANIEL BUSACK 09/13/202109/14/2021NARDINI FIRE EQUIPMENT$483.50SCOTT CHRISTENSON 09/13/202109/14/2021NARDINI FIRE EQUIPMENT$278.50SCOTT CHRISTENSON 09/13/202109/14/2021NARDINI FIRE EQUIPMENT$233.50SCOTT CHRISTENSON 09/15/202109/16/2021STATE SUPPLY$118.17SCOTT CHRISTENSON 09/16/202109/17/2021OVERHEAD DOOR COMPANY OF$656.90SCOTT CHRISTENSON 09/16/202109/17/2021GRAINGER$340.14SCOTT CHRISTENSON 09/16/202109/17/2021GRAINGER$656.13SCOTT CHRISTENSON 09/16/202109/17/2021GRAINGER$79.51SCOTT CHRISTENSON 09/22/202109/23/2021GRAINGER$166.60SCOTT CHRISTENSON 09/19/202109/20/2021NEW YORK MAGAZINE$3.00MELINDA COLEMAN 09/13/202109/14/2021TOMMYS EXP CW - MN108$10.00SHAWN CONWAY 09/15/202109/16/2021TRUGREEN LP *5650$102.00SHAWN CONWAY 09/20/202109/22/2021ASSOCIATION OF MINNESO$200.00SHAWN CONWAY 09/10/202109/13/2021STREICHER'S MO$4,326.96KERRY CROTTY 09/17/202109/20/2021SQ *TWIN CITIES TRANSPORT$580.00KERRY CROTTY 09/21/202109/22/2021IN *ENVUE TELEMATICS LLC$624.00KERRY CROTTY 09/21/202109/23/2021OTC BRANDS INC$29.99KERRY CROTTY 09/15/202109/16/2021AMAZON.COM*2G8ZD8HS0 AMZN$44.48THOMAS DABRUZZI 09/10/202109/13/2021HY-VEE MAPLEWOOD 1402$32.93BRAD DAVISON 09/20/202109/21/2021AUDIBLE*2G8TI1WP1$18.41BRAD DAVISON 09/21/202109/22/2021NFPA NATL FIRE PROTECT$252.70BRAD DAVISON 09/23/202109/24/2021POSITIVE PROMOTIONS$323.34BRAD DAVISON 09/23/202109/24/2021POSITIVE PROMOTIONS$704.42BRAD DAVISON 09/23/202109/24/2021NFPA NATL FIRE PROTECT$10.25BRAD DAVISON 09/12/202109/13/2021AMZN MKTP US*259OQ7902$562.05RICHARD DAWSON 09/20/202109/21/2021KOHL'S #678$100.00RICHARD DAWSON 09/21/202109/22/2021ORKIN LLC 002$590.00RICHARD DAWSON 09/14/202109/15/2021STORM TRAINING GROUP,$208.95JOSEPH DEMULLING 09/21/202109/22/2021SAFARILAND, LLC$196.50MICHAEL DUGAS 09/22/202109/23/2021GALLS$35.62MICHAEL DUGAS 09/22/202109/23/2021PAYPAL *NTOA$50.00MICHAEL DUGAS 09/14/202109/15/2021PIONEER PRESS ADV$248.05CHRISTINE EVANS 09/10/202109/13/2021GTS EDUCATIONAL EVENTS$300.00MYCHAL FOWLDS 09/13/202109/14/2021CAN*CANONFINANCIAL CFS$1,270.57MYCHAL FOWLDS 09/13/202109/14/2021CAN*CANONFINANCIAL CFS$102.57MYCHAL FOWLDS 09/13/202109/14/2021CAN*CANONFINANCIAL CFS$102.57MYCHAL FOWLDS 09/13/202109/14/2021CAN*CANONFINANCIAL CFS$316.84MYCHAL FOWLDS 09/13/202109/14/2021CAN*CANONFINANCIAL CFS$316.84MYCHAL FOWLDS 09/13/202109/14/2021CAN*CANONFINANCIAL CFS$1,270.57MYCHAL FOWLDS 09/15/202109/16/2021WEB*NETWORKSOLUTIONS$5.99MYCHAL FOWLDS 09/16/202109/17/2021WEB*NETWORKSOLUTIONS$85.98MYCHAL FOWLDS 09/17/202109/17/2021COMCAST CABLE COMM$4.56MYCHAL FOWLDS 09/17/202109/20/2021ZOOM.US 888-799-9666$399.82MYCHAL FOWLDS 09/23/202109/23/2021COMCAST CABLE COMM$144.71MYCHAL FOWLDS 09/18/202109/20/2021MICROSOFT#G005498920$1.47NICK FRANZEN 09/21/202109/23/2021THE HOME DEPOT #2801$77.72CAROLE GERNES 09/22/202109/23/2021AMZN MKTP US*2G2QH3YY0 AM$11.80ALEX GERONSIN Council Packet Page Number 57 of 253 G1, Attachments 09/20/202109/21/2021OLSEN CHAIN AND CABLE$378.66MARK HAAG 09/21/202109/23/2021MENARDS MAPLEWOOD MN$36.01MARK HAAG 09/13/202109/13/2021STORM TRAINING GROUP,$208.95TIMOTHY HAWKINSON 09/10/202109/13/2021MENARDS OAKDALE MN$62.66TAMARA HAYS 09/13/202109/15/2021THE HOME DEPOT #2801$33.92TAMARA HAYS 09/16/202109/17/2021SITEONE LANDSCAPE SUPPLY,$298.52TAMARA HAYS 09/16/202109/17/2021FLEET FARM 2700$20.98TAMARA HAYS 09/17/202109/20/2021MENARDS OAKDALE MN$64.44TAMARA HAYS 09/21/202109/22/2021VERSALOK OAKDALE$104.85TAMARA HAYS 09/14/202109/15/2021GLOCK INC$104.69MICHAEL HOEMKE 09/10/202109/13/2021THE HOME DEPOT #2801$59.96DAVID JAHN 09/21/202109/23/2021MENARDS MAPLEWOOD MN$7.62JOE JENSEN 09/22/202109/23/2021DEPARTMENT OF LABOR AND I$25.00RANDY JOHNSON 09/22/202109/23/2021DEPARTMENT OF LABOR AND I$25.00RANDY JOHNSON 09/22/202109/24/2021DEPARTMENT OF LABOR AND I$85.00RANDY JOHNSON 09/22/202109/24/2021DEPARTMENT OF LABOR AND I$25.00RANDY JOHNSON 09/22/202109/24/2021DEPARTMENT OF LABOR AND I$25.00RANDY JOHNSON 09/22/202109/24/2021DEPARTMENT OF LABOR AND I$25.00RANDY JOHNSON 09/14/202109/14/2021PANERA BREAD #601305 O$141.85LOIS KNUTSON 09/13/202109/14/2021HY-VEE MAPLEWOOD 1402$19.96ERIC KUBAT 09/23/202109/24/2021BLUERIBBON BAIT& TACKLE$53.99ERIC KUBAT 09/13/202109/14/2021IN *ARROWHEAD SCIENTIFIC$333.08JASON KUCHENMEISTER 09/22/202109/23/2021FEDEX 283971869070$34.25JASON KUCHENMEISTER 09/15/202109/20/2021DIVISION STREET FUELS ARC$92.50JASON MLODZIK 09/12/202109/13/2021TRELLO.COM* ATLASSIAN$119.99MICHAEL MONDOR 09/14/202109/15/2021SP * FLUIDSTANCE.COM$255.96MICHAEL MONDOR 09/15/202109/16/2021ASPEN MILLS$159.98MICHAEL MONDOR 09/15/202109/16/2021ASPEN MILLS$446.05MICHAEL MONDOR 09/15/202109/16/2021AIRGAS USA, LLC$95.60MICHAEL MONDOR 09/15/202109/16/2021AIRGAS USA, LLC$73.79MICHAEL MONDOR 09/15/202109/17/2021MINNESOTA STATE FIRE CHIE($75.00)MICHAEL MONDOR 09/16/202109/20/2021OFFICEMAX/DEPOT 6164$428.07MICHAEL MONDOR 09/22/202109/23/2021ASPEN MILLS$555.25MICHAEL MONDOR 09/22/202109/23/2021AIRGAS USA, LLC$203.39MICHAEL MONDOR 09/23/202109/24/2021AIRGAS USA, LLC$341.98MICHAEL MONDOR 09/15/202109/16/2021CINTAS CORP$125.93BRYAN NAGEL 09/15/202109/16/2021CINTAS CORP$106.37BRYAN NAGEL 09/15/202109/16/2021CINTAS CORP$42.45BRYAN NAGEL 09/15/202109/16/2021CINTAS CORP$16.35BRYAN NAGEL 09/15/202109/16/2021CINTAS CORP$41.88BRYAN NAGEL 09/22/202109/23/2021CINTAS CORP$290.57BRYAN NAGEL 09/22/202109/23/2021CINTAS CORP$42.45BRYAN NAGEL 09/22/202109/23/2021CINTAS CORP$18.06BRYAN NAGEL 09/22/202109/23/2021CINTAS CORP$134.45BRYAN NAGEL 09/22/202109/23/2021CINTAS CORP$16.35BRYAN NAGEL 09/17/202109/20/2021NORTHERN TOOL EQUIP-MN$53.98JOHN NAUGHTON 09/17/202109/21/2021TRACTOR-SUPPLY-CO #0199$94.23JOHN NAUGHTON 09/20/202109/22/2021NORTHERN TOOL EQUIP-MN($15.99)JOHN NAUGHTON 09/21/202109/23/2021MENARDS OAKDALE MN$30.86JOHN NAUGHTON 09/14/202109/15/2021FEDEX 283640561177$34.34KEN NIELSEN 09/12/202109/13/2021IN *LRG TECHNOLOGIES INC$359.40MICHAEL NYE 09/13/202109/15/2021BOUND TREE MEDICAL LLC$907.52KENNETH POWERS 09/16/202109/17/2021COSTCO WHSE #1021$38.28KENNETH POWERS 09/17/202109/20/2021THE HOME DEPOT #2801$55.86KENNETH POWERS 09/13/202109/14/2021WALSER POLAR CHEVROLET$74.64STEVEN PRIEM 09/13/202109/15/2021AN FORD WHITE BEAR LAK$402.30STEVEN PRIEM 09/14/202109/15/20210391-AUTOPLUS$21.95STEVEN PRIEM 09/14/202109/16/2021KEN'S AUTO REPAIR$86.70STEVEN PRIEM 09/14/202109/16/2021AN FORD WHITE BEAR LAK$66.30STEVEN PRIEM 09/15/202109/16/2021AN FORD WHITE BEAR LAK($100.00)STEVEN PRIEM Council Packet Page Number 58 of 253 G1, Attachments 09/15/202109/16/2021FACTORY MTR PTS #19$52.86STEVEN PRIEM 09/15/202109/16/2021RESTORATION AND REPAIR$85.00STEVEN PRIEM 09/15/202109/17/2021METRO PRODUCTS INC$16.01STEVEN PRIEM 09/16/202109/17/2021WHEELCO NEWPORT$371.08STEVEN PRIEM 09/16/202109/17/2021RADCO BLAINE$212.25STEVEN PRIEM 09/16/202109/17/20210391-AUTOPLUS$59.09STEVEN PRIEM 09/16/202109/17/20210391-AUTOPLUS$55.18STEVEN PRIEM 09/16/202109/17/2021FLEET FARM 2700$80.53STEVEN PRIEM 09/20/202109/21/2021POMP S TIRE #021$876.42STEVEN PRIEM 09/20/202109/22/2021AN FORD WHITE BEAR LAK$697.77STEVEN PRIEM 09/21/202109/22/2021TRI-STATE BOBCAT$281.74STEVEN PRIEM 09/21/202109/23/2021AN FORD WHITE BEAR LAK$215.22STEVEN PRIEM 09/22/202109/23/2021MTI$449.56STEVEN PRIEM 09/22/202109/23/2021TRI-STATE BOBCAT$282.78STEVEN PRIEM 09/23/202109/24/2021SAFELITE AUTOGLASS$306.99STEVEN PRIEM 09/23/202109/24/2021PIONEER RIM&WHEEL-MADISON$215.38STEVEN PRIEM 09/16/202109/17/2021THE STAR TRIBUNE ONLINE$530.00TERRIE RAMEAUX 09/17/202109/20/2021SQ *MINNESOTA FALL MAINTE$180.00AUDRA ROBBINS 09/22/202109/23/2021AMERICAN PLANNING A$100.00AUDRA ROBBINS 09/22/202109/23/2021CINTAS CORP$72.86AUDRA ROBBINS 09/14/202109/15/2021MINNESOTA GOVERNMENT FINA$230.00JOSEPH RUEB 09/14/202109/15/2021MINNESOTA GOVERNMENT FINA$230.00JOSEPH RUEB 09/23/202109/23/2021AMAZON.COM*2G3QO76I2$16.45JOSEPH RUEB 09/10/202109/13/2021CINTAS CORP$49.99STEPHANIE SHEA 09/16/202109/17/2021CINTAS CORP$49.99STEPHANIE SHEA 09/21/202109/24/2021OFFICE DEPOT #1090$57.36STEPHANIE SHEA 09/23/202109/24/2021CINTAS CORP$49.99STEPHANIE SHEA 09/16/202109/17/2021PIONEER PRESS CIRC$12.00JOE SHEERAN 09/22/202109/23/2021REGISTER@FAA 33YRNYM$5.00JOE SHEERAN 09/10/202109/13/2021IN *RICE STREET CAR WASH$129.75MICHAEL SHORTREED 09/13/202109/14/2021EMERGENCY AUTOMOTIVE TE$69.90MICHAEL SHORTREED 09/13/202109/14/2021EMERGENCY AUTOMOTIVE TE$124.76MICHAEL SHORTREED 09/21/202109/22/2021U.S. DIARY$342.04MICHAEL SHORTREED 09/10/202109/13/2021AIR DOWN THERE SCUBA$8.59JOSEPH STEINER 09/17/202109/20/2021AXON$1,776.50JOSEPH STEINER 09/13/202109/14/2021FRATTALLONES WOODBURY AC$3.30TODD TEVLIN 09/21/202109/22/2021PIONEER PRESS CIRC$10.00JEFF THOMSON 09/15/202109/16/2021MINN COR INDUSTRIES$105.00KRIS WEAVER 09/23/202109/24/2021MIKES LP GAS INC$29.80LANCE ZAHNOW 09/13/202109/14/2021LIFE ASSIST INC$419.22ERIC ZAPPA 09/13/202109/15/2021BOUND TREE MEDICAL LLC$993.90ERIC ZAPPA 09/15/202109/16/2021LIFE ASSIST INC$510.00ERIC ZAPPA 09/16/202109/20/2021BOUND TREE MEDICAL LLC$332.65ERIC ZAPPA 09/17/202109/20/2021LIFE ASSIST INC$132.30ERIC ZAPPA 09/20/202109/22/2021BOUND TREE MEDICAL LLC$117.50ERIC ZAPPA 09/21/202109/22/2021LIFE ASSIST INC$112.15ERIC ZAPPA 09/21/202109/22/2021LIFE ASSIST INC$550.00ERIC ZAPPA $37,715.98 Council Packet Page Number 59 of 253 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 10/01/21ABRAMS, MARYLEE560.80 10/01/21CAVE, REBECCA493.60 10/01/21JUENEMANN, KATHLEEN493.60 10/01/21KNUTSON, WILLIAM493.60 10/01/21VILLAVICENCIO, NICHOLE493.60 10/01/21COLEMAN, MELINDA6,835.20 10/01/21KNUTSON, LOIS3,403.95 10/01/21SABLE, MICHAEL19,277.0814,806.60 10/01/21CHRISTENSON, SCOTT2,445.69 10/01/21DOUGLASS, TOM2,637.82 10/01/21JAHN, DAVID2,638.73 10/01/21HERZOG, LINDSAY2,902.81 10/01/21RAMEAUX, THERESE3,766.81 10/01/21DEBILZAN, JUDY2,590.50 10/01/21PAULSETH, ELLEN5,912.55 10/01/21RACETTE, THOMAS2,601.07 10/01/21RUEB, JOSEPH4,596.11 10/01/21STANLEY, JENNIFER3,507.40 10/01/21ARNOLD, AJLA1,545.46 10/01/21BEGGS, REGAN2,314.59 10/01/21EVANS, CHRISTINE2,439.21 10/01/21LARSON, MICHELLE2,316.89 10/01/21SINDT, ANDREA3,941.09 10/01/21WINKELMAN, JULIA1,856.00 10/01/21ABRAHAM, JOSHUA2,685.79 10/01/21AMAH-CLARKE, ALFREDA1,916.80 10/01/21HANSON, MELISSA2,107.20 10/01/21HOCKBEIN, JUDY1,158.05 10/01/21KRAMER, PATRICIA1,330.50 10/01/21MOY, PAMELA2,017.65 10/01/21OLSON, THOMAS1,856.00 10/01/21OSTER, ANDREA2,263.82-60.00 10/01/21SCHORR, JENNIFER795.96 10/01/21VITT, JULIANNE1,270.53 10/01/21WEAVER, KRISTINE3,383.25 10/01/21ALDRIDGE, MARK3,908.34 10/01/21BAKKE, LONN3,771.71 10/01/21BELDE, STANLEY3,957.48 10/01/21BENJAMIN, MARKESE3,587.80 10/01/21BERGERON, ASHLEY3,572.71 10/01/21BIERDEMAN, BRIAN5,720.88 10/01/21BROWN, RAE457.57 10/01/21BURT-MCGREGOR, EMILY4,137.49 10/01/21BUSACK, DANIEL4,893.22 10/01/21COLEMAN, ALEXANDRA1,689.58 10/01/21CONDON, MITCHELL3,772.17 10/01/21CRUZ, TREANA2,331.06 10/01/21DEMULLING, JOSEPH4,735.77 10/01/21DUGAS, MICHAEL4,458.92 10/01/21FORSYTHE, MARCUS3,761.30 10/01/21FRITZE, DEREK4,378.50 10/01/21GABRIEL, ANTHONY3,653.52 Council Packet Page Number 60 of 253 G1, Attachments 10/01/21GEISELHART, BENJAMIN3,013.25 10/01/21HAWKINSON JR, TIMOTHY3,753.57 10/01/21HELLE, KERRY4,839.20 10/01/21HENDRICKS, JENNIFER2,119.20 10/01/21HER, PHENG3,825.48 10/01/21HER, TERRELL2,287.87 10/01/21HOADLEY, JOSHUA348.00 10/01/21HOEMKE, MICHAEL4,059.04 10/01/21KANDA, MADELINE2,670.11 10/01/21KIM, WINSTON2,817.17 10/01/21KONG, TOMMY3,822.55 10/01/21KORAN, MARIE507.05 10/01/21KROLL, BRETT3,686.38 10/01/21KUCHENMEISTER, JASON1,986.40 10/01/21LENERTZ, NICHOLAS3,444.25 10/01/21LYNCH, KATHERINE3,572.90 10/01/21MARINO, JASON4,549.74 10/01/21MATTHEIS, TAWNY2,287.87 10/01/21MCCARTY, GLEN3,849.62 10/01/21METRY, ALESIA691.25 10/01/21MURRAY, RACHEL3,632.68 10/01/21NYE, MICHAEL4,419.02 10/01/21OLSON, JULIE4,136.88 10/01/21PARKER, JAMES4,026.99 10/01/21PASDO, JOSEPH391.50 10/01/21PEREZ, GUSTAVO3,217.57 10/01/21PETERS, DANIEL3,323.78 10/01/21SALCHOW, CONNOR3,079.68 10/01/21SANCHEZ, ISABEL2,309.32 10/01/21SHEA, STEPHANIE2,612.64 10/01/21SHORTREED, MICHAEL5,157.79 10/01/21SPARKS, NICOLLE3,148.81 10/01/21STARKEY, ROBERT3,573.89 10/01/21STEINER, JOSEPH6,966.792,201.60 10/01/21STOCK, AUBREY3,510.04 10/01/21SWETALA, NOAH3,410.61 10/01/21TAUZELL, BRIAN5,327.12 10/01/21THIENES, PAUL4,378.49 10/01/21WENZEL, JAY3,686.38 10/01/21WIETHORN, AMANDA1,673.26 10/01/21XIONG, KAO3,906.76 10/01/21XIONG, TUOYER2,996.95 10/01/21ZAPPA, ANDREW3,780.18 10/01/21BARRETTE, CHARLES4,377.21 10/01/21BAUMAN, ANDREW3,441.22 10/01/21BEITLER, NATHAN3,631.46 10/01/21BERG, TERESA800.00 10/01/21CAMPBELL, MACLANE2,974.47 10/01/21CONWAY, SHAWN4,471.96 10/01/21CRAWFORD JR, RAYMOND3,936.35 10/01/21CRUMMY, CHARLES3,442.22 10/01/21DABRUZZI, THOMAS3,775.17 10/01/21DANLEY, NICHOLAS3,900.37 10/01/21DAVISON, BRADLEY3,727.04 10/01/21DAWSON, RICHARD5,461.57 10/01/21HAGEN, MICHAEL3,920.30 10/01/21HALWEG, JODI4,466.00 10/01/21HAWTHORNE, ROCHELLE3,328.63 10/01/21KUBAT, ERIC3,843.52 Council Packet Page Number 61 of 253 G1, Attachments 10/01/21LANDER, CHARLES3,495.50 10/01/21LANIK, JAKE2,984.31 10/01/21LO, CHING720.00 10/01/21LUKIN, STEVEN1,880.00 10/01/21MALESKI, MICHAEL3,237.45 10/01/21MCGEE, BRADLEY3,713.40 10/01/21MERKATORIS, BRETT3,280.46 10/01/21MONDOR, MICHAEL5,474.97 10/01/21NEILY, STEVEN3,890.42 10/01/21NIELSEN, KENNETH3,521.90 10/01/21NOVAK, JEROME3,696.96 10/01/21POWERS, KENNETH4,836.30 10/01/21SEDLACEK, JEFFREY5,969.66 10/01/21STREFF, MICHAEL3,643.38 10/01/21WARDELL, JORDAN4,850.32 10/01/21WILLIAMSON, MICHAEL2,796.04 10/01/21ZAPPA, ERIC3,925.60 10/01/21CORTESI, LUANNE2,316.89 10/01/21JANASZAK, MEGHAN3,175.14 10/01/21BRINK, TROY2,903.50 10/01/21BUCKLEY, BRENT2,651.99 10/01/21EDGE, DOUGLAS2,688.92 10/01/21JONES, DONALD2,640.61 10/01/21MEISSNER, BRENT2,635.99 10/01/21MLODZIK, JASON2,196.10 10/01/21NAGEL, BRYAN4,631.80 10/01/21OSWALD, ERICK2,662.92 10/01/21RUNNING, ROBERT2,903.50 10/01/21TEVLIN, TODD2,700.61 10/01/21ZAHNOW, LANCE2,158.59 10/01/21BURLINGAME, NATHAN3,278.40 10/01/21DUCHARME, JOHN3,343.02 10/01/21ENGSTROM, ANDREW3,338.40 10/01/21JAROSCH, JONATHAN4,508.31 10/01/21LINDBLOM, RANDAL3,343.02 10/01/21LOVE, STEVEN6,091.22 10/01/21STRONG, TYLER3,181.61 10/01/21ZIEMAN, SCOTT176.00 10/01/21GERNES, CAROLE2,767.39 10/01/21FRIBERG, DAVID1,084.89 10/01/21HAYS, TAMARA2,633.69 10/01/21HINNENKAMP, GARY3,039.02 10/01/21NAUGHTON, JOHN2,640.61 10/01/21ORE, JORDAN2,633.69 10/01/21QUIGGLE, CHRISTOPHER1,040.00 10/01/21STOKES, KAL2,130.70 10/01/21HAMMOND, ELIZABETH2,467.43 10/01/21JOHNSON, ELIZABETH2,409.79 10/01/21JOHNSON, RANDY4,462.88 10/01/21KROLL, LISA2,551.90 10/01/21KUCHENMEISTER, GINA2,354.41 10/01/21THOMSON, JEFFREY5,145.50 10/01/21FINWALL, SHANN3,974.61 10/01/21MARTIN, MICHAEL4,221.93 10/01/21DREWRY, SAMANTHA2,970.59 10/01/21LENTZ, DANIEL2,343.39 10/01/21WESTLUND, RONALD2,952.33 10/01/21WELLENS, MOLLY3,286.64 10/01/21BRENEMAN, NEIL3,272.61 Council Packet Page Number 62 of 253 G1, Attachments 10/01/21HUGGAR, ANGELA117.00 10/01/21LO, SATHAE88.00 10/01/21ROBBINS, AUDRA4,817.58 10/01/21BERGO, CHAD4,057.15269.74 10/01/21SCHMITZ, KEVIN2,384.49 10/01/21SHEERAN JR, JOSEPH4,274.79 10/01/21ADAMS, DAVID2,592.62 10/01/21HAAG, MARK3,033.85 10/01/21JENSEN, JOSEPH2,902.60 10/01/21SCHULTZ, SCOTT4,601.89 10/01/21WILBER, JEFFREY2,757.05 10/01/21COUNTRYMAN, BRENDA1,749.00 10/01/21SMITH, CATHERINE589.00 10/01/21PRIEM, STEVEN2,967.72 10/01/21WOEHRLE, MATTHEW2,727.94 10/01/21XIONG, BOON2,597.97 10/01/21FOWLDS, MYCHAL5,181.02 10/01/21FRANZEN, NICHOLAS4,735.64 10/01/21GERONSIN, ALEXANDER3,303.54 10/01/21RENNER, MICHAEL2,808.40 608,047.71 17,217.94 Council Packet Page Number 63 of 253 G2 CITY COUNCILSTAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: 2021 - 2022 School Resource Officer Agreement with Independent School District 622 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: City Council approval is requested to sign thecontract with Independent School District 622 to provide School Resource Officer services. Recommended Action: Motion to approve the 2021 – 2022 School Resource Officer Agreement with Independent School District 622. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $74,160 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. City Council approval is required to sign the agreement. Background For the past several decades, the Maplewood Police Department has provided School Resource Officer services to Independent School District 622. The school district in return has paid the City of Maplewood part of the salary costs for the officer assigned to the position. The city is responsible to pay the officer’s salary, benefits and training costs, and the school district will contribute $74,160 to the city for those costs. This contribution remains the same from the previous school year contract. Attachments 1.School District 622 School Resource Officer Agreement 2021-2022 Council Packet Page Number 64 of 253 G2, Attachment 1 SCHOOL RESOURCE OFFICER AGREEMENT This School Resource Officer Agreement (the “Agreement”) dated September 1, 2021 is by and between the City of Maplewood (the “City”) and Independent School District 622 (the “School District”). RECITALS WHEREAS, the School District and the City are both corporate bodies politic under the Laws of the State of Minnesota: and WHEREAS, both the City and School District desire to enter this Agreement for the provision of law enforcement services by the City to the School District: and WHEREAS, this Agreement is authorized and provided for by Minnesota Statutes, section 471.59. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, the School District and the City agree as follows: 1.Purpose The City and the School District will collaborate on law enforcement services provided by a School Resource Officer (“SRO”) employed by the City and assigned to the School District. Both the City and School District have determined that the law enforcement provided by the SRO is beneficial to school and community safety and promotes collaboration between the City, the School District, parents and students. This Agreement is intended, in part, to set forth the terms and conditions, to create, fund, and implement the position of a police SRO. The SRO reports to the City’s designated Police Supervisor in collaboration with School District administrators. The SRO remains under the authority of the City. In addition to the duties under this Agreement, the SRO will be required to attend all mandatory training and perform all other duties required to be licensed police officer of the City. 2.Job Duties The SRO will work towards carrying out the mission of the City’s Police Department within the school community as per the City’s job description. The SRO will act in their capacity and th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 65 of 253 G2, Attachment 1 authority as a Police Officer for the City to provide a safe learning environment, to prevent crime, and to investigate and solve crimes. 3.Funding-SRO Program The City is responsible for hiring the SRO and paying his or her salary, benefits and training costs and the School District will contribute $74,160 to the City for those costs. Overtime for special events that may be required for the safety of students, staff, and visitors to School District facilities shall be compensated as provided for in section 12 of this Agreement. 4.Services a.The City shall provide the services of one primary police officer to assist the School District. The School District agrees to provide adequate office space, telephone access, computer and printer for use by the SRO. The SRO will be on duty during regular school hours in the School District during all student contact days and also comply with the City’s job description. While on duty with the School District, the SRO is primarily engaged in school district services; however, the City’s Police Chief has the authority to redeploy the SRO should a specific emergency or public safety necessity require such deployment. The SRO will respond to calls to all schools in the City although may be based primarily at one school in the City. b.Selection of SRO. The City will assign someone who is currently employed by the City to the SRO position. The School District will provide input on the assignment with the City’s Police Chief having final authority to select the SRO. The City has the authority of determining the rotation of the SRO assignment. ess Code: The SRO may wear City Police Department issued uniforms or c.Dr civilian clothing attire in compliance with the City’s Police Department Uniforms and Appearance Policy. 5.Performance Issues The School District shall promptly report to the Police Chief any issues or concerns it has regarding the assigned SRO’s work performance. The School District may also provide annual input to the Police Chief regarding the SRO’s work performance. 6.Incidents th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 66 of 253 G2, Attachment 1 Incidents occurring on or about school premises that require police intervention should be primarily investigated by the SRO. The assigned and/or participating officer shall prepare customary police incident report(s) and perform investigations in accord with City’s Police Department Policy and Procedure. hool Discipline Rules 7.Sc SRO shall not enforce any school disciplinary rules or policies. The 8.Coordinating Representatives Representatives of the City and the School District will meet as necessary to discuss, coordinate and recommend revisions, if necessary, to the SRO services Agreement. 9.Payment The City shall provide billing statements to the School district for services provided under this Agreement on a semi-annual basis on June 30 and January 1 of each year. Such statements will be due and payable by the School District to the City no more than thirty (30) days after receipt of the same. The billing to the School district shall be done so in arrears of service provision (January billing shall cover the immediately preceding period of July 1 through December 31). 10.Term stst This Agreement shall commence on the 1 day of September 2021, and shall end on the 31 day of August 2022. 11.Independent Contractor The City, through its Police Chief, will remain free to exercise judgment in this Agreement. The City acknowledges that no withholding for state or federal benefits or taxes will be made from the payments due to the City by the School District. The City also acknowledges that it has the sole obligation to comply with state, local and federal tax provisions with regard to these services and the employees hired by the City to perform services described herein, including workers’ compensation laws. 12.Scheduling The SRO will be on duty during regular school hours in the School District all days while school is in session and also comply with the City’s job description. During non-student contact days th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 67 of 253 G2, Attachment 1 during the school year and during the summer months, the Police Chief will determine the SRO’s schedule. Overtime: As requested by the School District with the approval of the Police Chief and/or his/her designee, the SRO is authorized to work special events (prom, homecoming, school dances, special athletic events, etc.), attend meetings, or complete investigations outside of the regular schedule to promote public safety and enhance safety for students, staff and visitors. Recognizing the joint nature of the SRO program, and the desire to provide the School District with a fixed cost of the SRO program, the City shall invoice the School District up to 30 hours of special event overtime at a flat rate of $75 per hour to offset overtime expenditures that stem from the school-based assignment of the SRO. Any additional overtime needed would be the responsibility of the individual school organization to cover the costs. Scheduling of police coverage for special events will be completed between the City and the School District’s Athletic/Activities Director at the respective school. 13.Termination of this Agreement Either party may terminate this Agreement by providing written notice to the other party no less than six months prior to the effective termination date. 14.Temporary Emergency Reassignment If, in the discretion of the Police Chief, it becomes necessary to remove the SRO from the School District, whenever possible, the Police Chief will inform the School District officials in advance of such action. 15.Security/Linking The SRO office will be locked and secured by a key issued only to the SRO. The SRO will be provided a suitable computer, monitor, and printer and any other items or services necessary, at the expense of the School District, so that the SRO will have full access to the City email and network system and the School District’s email and network system at all times the SRO is working pursuant to this Agreement. The cost of any additional equipment shall be paid by the City. 16.Indemnity and Hold Harmless The School District and the City agree that they will be responsible for their own acts and omissions and those of their officials, employees, representatives and agents in carrying out the th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 68 of 253 G2, Attachment 1 terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts or omissions of the other party and the results thereof. It is understood and agreed that each party’s liability shall be limited by the provisions of Minnesota Statutes, Chapter 466 or other applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be construed to waive or amend any defense or immunity that either party their respective officials and employees may have under said Chapter 466 or any common-law immunity or limitation of liability, all of which are hereby reserved by the School District and the City. 17. Complete Agreement It is understood and agreed that this is the entire agreement between the parties and this Agreement supersedes all oral agreements and negotiations between the parties relating to this subject matter. 18. Amendments This Agreement contains the full understanding and agreement between the parties and may not be amended except in writing agreed to and executed by both parties. If any provision of this Agreement is found invalid by a court or agency, it shall not invalidate any remaining provisions. 19. Data Practices Sharing of data will be done only pursuant to the Minnesota Government Data Practices Act and the Family Educational Rights and Privacy Act. Any data shared between the two parties to this Agreement will be maintained in accordance with state and federal law. Because the City and the SRO are not employees of the School District, any violation of state or federal law in this regard is the sole responsibility of the City and the officer and each agrees to hold the School District harmless if a claim or action arises because of the City’s action or omissions. The City shall provide reasonable data privacy training to all SROs. 20. Discrimination The City and the School District agree not to discriminate in providing services under this Agreement on the basis of race, sex, creed, nation origin, age or religion. The parties agree not to discriminate as required by state and federal laws. 21. Interpretation th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 69 of 253 G2, Attachment 1 This Agreement shall not be construed more strictly against one party than against the other party merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both the City and the School District have contributed substantially and materially to the preparation of this Agreement. 22. Construction The headings of the sections and subsections of this Agreement are for convenience and reference only and do not form a part hereof; and in no way interpret or construe such sections and subsections. Wherever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship as co-partners, joint venture, or joint enterprise between the parties hereto or as constituting either party as an agent, representative or employee of the other for any purpose or in any manner whatsoever, excluding any agency relationship that may exist for purposes of educational data practices. 23. Parties in Interest This Agreement shall be binding open upon and inure to the benefit of the parties’ respective heirs, representatives, successors, and assignees. This Agreement is for the sole benefit of the City and the School District (including a permitted assignee), and no third party is intended to be a beneficiary of or have the right to enforce this Agreement. 24. Attorney’s Fees In the event of litigation between the parties in connection with this Agreement, the prevailing party (i.e. the party whose position is substantially upheld by the court) shall be entitled to recover its reasonable attorney’s fees and costs from the non-prevailing party. The obligation in the immediately preceding sentence shall survive any termination of this Agreement. 25. Definitions If any date herein set forth for the performance of any obligations by the parties or for the delivery of any instrument or notice as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. As used in this Section, the term “legal holiday” shall have the meaning given to it under Minnesota Statutes, section 645.44. The term “including’’ shall mean including, as an example without limiting the generality of the foregoing. th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 70 of 253 G2, Attachment 1 unterparts 26.Co This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. A signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. 27.Governing Law This Agreement shall be construed as to both validity and performance enforcement in accordance with and governed by the laws of the State of Minnesota. 28.Heading The headings contained herein are for convenience of reference only and do not affect, define, describe or limit the scope or intent of this Agreement or any of its provisions. 29.Notices Notice to City provided for herein shall be sufficient if sent by the regular United States Mail, postage prepaid, addressed to City of Maplewood, City Manager, 1830 County Road B East, Maplewood, MN 55109. Notices sent to the School District shall be sufficient if sent by the regular United State Mail, postage prepaid, addressed to ISD 622, Attention, Superintendent, 2520 East 12th Avenue, North St. Paul, MN 55109. Either party may designate to each other in writing from time to time a different address for notice. th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 71 of 253 G2, Attachment 1 ITNESS WHEREOF, the parties have executed this agreement as of the day and year first IN W written above. City of Maplewood ______________________________________________ ___________________________ Mayor Date ______________________________________________ ___________________________ City Manager Date Independent School District 622 ______________________________________________ ____________________________ Christine Tucci-Osorio Date Superintendent, ISD 622 ______________________________________________ ____________________________ Troy Miller, Assistant Superintendent Date Support Services, ISD 622 th 2520 East 12Avenue | North St. Paul, MN 55109 | 651.748.7411 | 651.748.7413 (fax) | www.isd622.org MA745-5-749100.v2 Council Packet Page Number 72 of 253 G3 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Justice Allen Page Elementary School, 2410 Holloway Avenue Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for the Justice Allen Page Elementary School project located at 2410 Holloway Avenue, is due for its annual review. Recommended Action: Motion to approve the CUP review for the Justice Allen Page Elementary School project located at 2410 Holloway Avenue, for 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 The city approved a conditional use permit for the construction of a new educational institution on June 8, 2020. The project is still under construction. There are no concerns from staff regarding the progress of this project. Staff recommends reviewing this CUP again in one year to ensure the project is in compliance with all conditions as required by the conditional use permit. Council Packet Page Number 73 of 253 G3 Timeline/Previous Actions June 8, 2020: The City approved a resolution for a conditional use permit for a new elementary school to be constructed. The City also approved a resolution for design review for the project plans, date stamped April 22, 2020. Reference Information Site Description Site Size: 19.86 acres Existing Land Use: Middle School Surrounding Land Uses North: Holloway Avenue East and single-family homes in North St. Paul South: Single-family homes in North St. Paul East: Single-family homes West: Lakewood Drive North and single-family homes Planning Existing Land Use: Institutional Existing Zoning: Single Dwelling Attachments 1.Overview Map (1 page) 2.June 8, 2020, City Council Meeting Minutes (4 pages) 3.Site Renderings (7 pages) 4.Site Plans (3 pages) Council Packet Page Number 74 of 253 G3, Attachment 1 Overview Map - 2410 Holloway Avenue September 28, 2021 City of Maplewood Legend 0790 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 75 of 253 G3, Attachment 2 Council Packet Page Number 76 of 253 G3, Attachment 2 Council Packet Page Number 77 of 253 G3, Attachment 2 Council Packet Page Number 78 of 253 G3, Attachment 2 Council Packet Page Number 79 of 253 G3, Attachment 3 Council Packet Page Number 80 of 253 G3, Attachment 3 Council Packet Page Number 81 of 253 G3, Attachment 3 Council Packet Page Number 82 of 253 G3, Attachment 3 Council Packet Page Number 83 of 253 G3, Attachment 3 Council Packet Page Number 84 of 253 G3, Attachment 3 Council Packet Page Number 85 of 253 G3, Attachment 3 Council Packet Page Number 86 of 253 G3, Attachment 4 Council Packet Page Number 87 of 253 G3, Attachment 4 Council Packet Page Number 88 of 253 G3, Attachment 4 Council Packet Page Number 89 of 253 G4 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Review, The Car Buying Center (Eurowerks), 1955 County Road D East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for The Car Buying Center (Eurowerks) located at 1955 County Road D east is due for its annual review. Recommended Action: Motion to approve the CUP review for The Car Buying Center (Eurowerks) located at 1955 County Road D East and review 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 The city approved a conditional use permit for the property located at 1955 County Road D East on January 28, 2019. The permit allows for the operation of a used car dealership on the property. In April of 2021, staff inspected the property and found that there were additional vehicles being parked throughout the site and the parking lot had not been re-striped per the approved plan when the CUP was originally issued. Staff worked with the business owners to ensure both items of the Council Packet Page Number 90 of 253 G4 CUP were addressed. The lot is now striped and the additional vehicles have been removed. All conditions of the CUP have been achieved. Staff recommends reviewing the CUP again in one year to ensure site conditions remain compliant. Timeline/Previous Actions December 17, 1985: The city approved plans for a Rocky Rococo restaurant for this site but it was never built. September 15, 1987: The city approved plans for a Ziebert ZAPS Service Center. January 28, 2019: The City approved a resolution for a conditional use permit for a used car dealership to operate on the property. Reference Information Site Description Site Size: 0.72 acres Existing Land Use: Used Car Dealership Surrounding Land Uses North: Interstate 694/White Bear Lake South: Shopping Center East: Restaurant West:Auto Repair Planning Existing Land Use: Commercial Existing Zoning: Business Commercial Attachments 1.Overview Map (1 page) 2.City Council Meeting Minutes (3 pages) 3.Parking Plan (1 page) Council Packet Page Number 91 of 253 Attachment 1 1955 County Road D East December 2, 2018 City of Maplewood Information Overview Map Legend 0190 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 92 of 253 Attachment 2 Council Packet Page Number 93 of 253 Attachment 2 Council Packet Page Number 94 of 253 Attachment 2 Council Packet Page Number 95 of 253 G4, Attachment 3 Council Packet Page Number 96 of 253 G5 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Review, HyVee Fast and Fresh, 2501 White Bear Avenue Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for the HyVee Fast and Fresh Convenience Store located at 2501 White Bear Avenue is due for its annual review. Recommended Action: Motion to approve the CUP review for the HyVee Fast and Fresh Convenience Store located at 2501 White Bear Avenue and review again only if a problem arises or a major change is proposed. 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 The city approved a conditional use permit for the property located at 2501 White Bear Avenue on August 10, 2020. The permit allows for a planned unit development (PUD) and a motor fuel station on the property. Staff inspected the property and found that the conditions of the CUP have been achieved. Staff does not find any reason to continue reviewing the CUP unless a problem arises or a major site change is proposed. Council Packet Page Number 97 of 253 G5 Timeline/Previous Actions May 19, 2020: The planning commission held a public hearing, reviewed the project and recommended approval. Reference Information Site Description Site Size: 12.83 acres Existing Land Use: Shopping Center Surrounding Land Uses North: Auto Mall South: Religious Facility East: White Bear Avenue/Commercial West: Senior Housing/Ramsey County Open Space Planning Existing Land Use: Commercial Existing Zoning: Business Commercial Attachments 1.Overview Map (1 page) 2.City Council Meeting Minutes (4 pages) 3.Landscape Plan (1 page) 4.Elevations (1 page) Council Packet Page Number 98 of 253 G5, Attachment 1 Overview Map - 2501 White Bear Avenue September 29, 2021 City of Maplewood Legend 0490 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 99 of 253 G5, Attachment 2 Council Packet Page Number 100 of 253 G5, Attachment 2 Council Packet Page Number 101 of 253 G5, Attachment 2 Council Packet Page Number 102 of 253 G5, Attachment 2 Council Packet Page Number 103 of 253 G5, Attachment 3 Council Packet Page Number 104 of 253 G5, Attachment 4 Council Packet Page Number 105 of 253 G6 CITY COUNCILSTAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Family Auto Sales, 1065 Highway 36 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for Family Auto Sales located at 1065 Highway 36 is due for its annual review. Recommended Action: Motion to approve the CUP review for Family Auto Sales located at 1065 Highway 36 and review 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & 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 The city approved a conditional use permit for the property located at 1065 Highway 36 on June 11, 2018. The permit allows for the sale of up to nine (9) used vehicles on the property. In August, staff inspected the property and found there were more than nine vehicles parked in the lot. Staff met with the business owner to discuss the CUP for the property and requested that the vehicles that are for sale be clearly identified in order for staff to ensure the property is in compliance with the Council Packet Page Number 106 of 253 G6 CUP. All conditions of the CUP have been achieved. Staff recommends reviewing the CUP again in one year to ensure site conditions remain compliant. Timeline/Previous Actions June 11, 2018: The council approved the conditional use permit for the property. December 9, 2019: Staff brought the CUP to the city council for its annual review. Staff recommended to review the permit again in one year. Reference Information Site Description Site Size: 1 acre Existing Land Use: Used Car Dealership Surrounding Land Uses North: Parking Lot South: Highway 36 East: Commercial/Retail West: Religious Facility Planning Existing Land Use: Commercial Existing Zoning: Light Manufacturing Attachments 1. Overview Map (1 page) 2. City Council Meeting Minutes (2 pages) Council Packet Page Number 107 of 253 Attachment 1 Overview Map 1065 Hwy 36 September 30, 2021 City of Maplewood Legend ! I 0390 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 108 of 253 Attachment 2 Council Packet Page Number 109 of 253 Attachment 2 Council Packet Page Number 110 of 253 G7 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER: Michael Mondor, Fire and EMS Chief AGENDA ITEM: Purchasing Agreement with Axon Enterprise Inc. for Fire Department Body Worn Cameras Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Fire Department is in the process of implementing body worn cameras for fire investigations and fire inspections. Recommended Action: Motion to approve the purchasing agreement with Axon Enterprise Inc. for Fire Department body worn cameras͵ Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $13,531.81 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. Ensuring the DepartmentÓs digital documentation and electronic storage aligns with industry best practices. Background The Fire Department is in the process of updating its data collection and storage practices for fire investigations and fire inspections. The ability to record walkthroughs of fire investigations and fire inspections will enhance the departmentÓs ability to collect evidence and document potential code violations during the investigation and/or inspections process. Video will augment the current process of obtaining still photographs of evidence and other data collection. AxonÓs Evidence.com software solution is included in the cost of this purchase and will allow the Department to store video, photos, documents and other digital records in a single/secure, cloud- based platform. This software will allow for more seamless communications with internal and Council Packet Page Number 111 of 253 G7 external partners. It will streamline the storage of media sources as the Department will be able to configure the system to automatically fit our processes with retention policies and user permissions. Attachments 1. Axon Master Services and Purchasing Agreement Council Packet Page Number 112 of 253 G7, Attachment 1 Email: Michael Mondor Issued: 09/01/2021 Fax: (651) 249-2809 Payment Terms: N30 PRIMARY CONTACT Q-334384-44440.641SA Account Number: 477739 Quote Expiration: 09/30/2021 $15,362.19$23,169.39 $23,169.39 Q-334384-44440.641SA Delivery Method: Fedex - Ground $2,706.36$2,706.36 AMOUNT DUE EST Contract Start Date: 11/01/2021 michael.mondor@maplewoodmn.gov Fax: Shaun Ackley Email: sackley@axon.com SALES REPRESENTATIVE Bundle SavingsAdditional SavingsTOTAL SAVINGS Oct, 2022Oct, 2024 INVOICE DATE 60 Months $13,531.81$13,531.81 BILL TOMaplewood Fire/EMS - MNMaplewood, MN 55109USAEmail: Axon Enterprise, Inc.17800 N 85th St.Scottsdale, Arizona 85255United StatesVAT: 86-0741227Domestic: (800) 978-2737International: +1.800.978.2737 SHIP TODelivery;Invoice;Other - 1955 Clarence Street1955 Clarence Street1955 Clarence StreetPhone: Phone: 6512492822Maplewood, MN 55109USA Program LengthTOTAL COSTESTIMATED TOTAL W/ TAX PAYMENT PLAN PLAN NAMEYear 1Oct, 2021$2,706.36Year 2Year 3Oct, 2023$2,706.36Year 4Year 5Oct, 2025$2,706.36 Council Packet Page Number 113 of 253 G7, Attachment 1 1766 666661 QTYQTYQTYQTY QTY Q-334384-44440.641SA Start: 11/1/2021 End: 10/31/2026 Total: 111.81 USD Start: 11/1/2021 End: 10/31/2026 Total: 0 USD DescriptionVIRTUAL BODYCAM STARTERDescriptionWING CLIP MOUNT, AXON RAPIDLOCKDescriptionNORTH AMER POWER CORD FOR AB3 1-BAY DOCKDescriptionAXON CAMERA REFRESH ONE Start: 11/1/2021 End: 10/31/2026 Total: 0 USD ItemItemItemItem 80146740287110473309 DescriptionAB3 Camera BundleAB3 1-Bay Dock BundleBody Worn Camera TAP BundleBody Worn Camera Single-Bay Dock TAP BundleBasic License BundlePro License Bundle Individual Items USD CategoryOther7368310 GB EVIDENCE.COM A-LA-CART STORAGE60Other Bundle: AB3 Camera Bundle Quantity: 6 CategoryCamera73202AXON BODY 3 - NA106Camera MountUSB11534USB-C to USB-A CABLE FOR AB3 OR FLEX 27 Bundle: AB3 1-Bay Dock Bundle Quantity: 6 Category1-Bay Dock74211AXON BODY 3 - 1 BAY DOCK61-Bay Power Cord Bundle: Body Worn Camera TAP Bundle Quantity: 6 CategoryCamera Warranty80464EXT WARRANTY, CAMERA (TAP)6Camera Refresh 1 with SparesCamera Refresh 2 with Spares73310AXON CAMERA REFRESH TWO6 Bundle Summary ItemAB3CAB31BDBWCamTAPBWCamSBDTAPBasicLicenseProLicense Quote Details Council Packet Page Number 114 of 253 G7, Attachment 1 663 QTYQTYQTY 3240 USD Q-334384-44440.641SA ificate should be applied, please submit ty: 6 Start: 11/1/2021 End: 10/31/2026 Total: subject to change at time of invoicing. If a tax exemption cert Description1-BAY DOCK AXON CAMERA REFRESH ONEDescription10 GB EVIDENCE.COM A-LA-CART STORAGEDescription10 GB EVIDENCE.COM A-LA-CART STORAGE Start: 11/1/2021 End: 10/31/2026 Total: 2340 USD ItemItemItem 733137368373683 Bundle: Body Worn Camera Single-Bay Dock TAP Bundle Quanti CategoryDock Warranty80466EXT WARRANTY, SINGLE-BAY DOCK (TAP)6Single-bay Dock Refresh 1Single-bay Dock Refresh 2733141-BAY DOCK AXON CAMERA REFRESH TWO6 Bundle: Basic License Bundle Quantity: 6 Start: 11/1/2021 End: 10/31/2026 Total: 5400 USD CategoryE.com License73840EVIDENCE.COM BASIC LICENSE6A La Carte Storage Bundle: Pro License Bundle Quantity: 1 CategoryE.com License73746PROFESSIONAL EVIDENCE.COM LICENSE (Formerly SKU 73746)1A La Carte Storage Tax is estimated based on rates applicable at date of quote and prior to invoicing. Council Packet Page Number 115 of 253 G7, Attachment 1 nt with Axon to ated herein by t Program Appendix as Purchasing Agreement below, you represent that you Q-334384-44440.641SA eement shall govern to the please do not sign this Quote. municipality, or government agency ), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room Axon Enterprise Inc. Sales Terms and Conditions www.axon.com/legal/sales-terms-and-conditions This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and(posted at purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agrextent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvemendescribed below.The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Contedevelop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporreference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company,for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, Standard Terms and Conditions Axon Master Services and Purchasing Agreement:ACEIP:Acceptance of Terms: Council Packet Page Number 116 of 253 G7, Attachment 1 Q-334384-44440.641SA \\d1\\Date Signed \\s1\\ Signature 9/1/2021 Council Packet Page Number 117 of 253 G8 CITY COUNCILSTAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: On-Sale Wine License for Best Indian Food Inc.d/b/a Indian Masala, 27 Century 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 On-Sale Wine license was submitted by Harpreet Kaur Virk to be used at Best Indian Food Inc. d/b/a Indian Masala, a restaurant currently operating in Maplewood at 27 Century Avenue North since February 2019. Recommended Action: Motion to approve the On-Sale Wine license for Best Indian Food Inc. d/b/a Indian Masala, located at 27 Century Avenue North. Fiscal Impact: Is There a Fiscal Impact?NoYes, 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 On-Sale Wine license, per City Code Sec. 6- 119. Background For the purposes of the license application a background investigation was conducted Ms. Virk, who serves as owner/manager of Best Indian Food Inc.; nothing was found that would prohibit the issuance of this license. Ms. Virk will also be meeting with Lieutenant Joe Steiner to discuss Council Packet Page Number 118 of 253 G8 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. Council Packet Page Number 119 of 253 G9 CITY COUNCILSTAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: On-Sale Intoxicating Liquor and Sunday Sales License for MC Maplewood LLC d/b/a Millions Crab, 1745 Beam Avenue 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 was submitted by Xianwu Yang for an On-Sale Intoxicating Liquor and Sunday Sales license to be used at MC Maplewood LLC d/b/a Millions Crab, a restaurant currently operating at 1745 Beam Avenue since August 2021. Recommended Action: Motion to approve the On-Sale Intoxicating Liquor and Sunday Sales license for MC Maplewood LLC d/b/a Millions Crab at 1745 Beam Avenue. Fiscal Impact: Is There a Fiscal Impact?NoYes, 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 On-Sale Intoxicating Liquor and Sunday Sales licenses, per City Code Sec. 6-165 and Sec. 6-163, respectively. Background For the purposes of the license application a background investigation was conducted Mr. Yang, who serves as the owner/manager of MC Maplewood LLC; nothing was found that would prohibit the issuance of this license. Mr. Yang will also be meeting with Lieutenant Joe Steiner to discuss Council Packet Page Number 120 of 253 G9 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. Attachments None Council Packet Page Number 121 of 253 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 Melinda Coleman, City Manager REPORT TO: REPORT FROM: Ellen Paulseth, Finance Director Ron Batty, City Attorney PRESENTER: Ron Batty, City Attorney Consent to Assignment Documents Regarding Frost English Silver Project AGENDA ITEM: Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City has been requested to consent to the assignment of the $3,900,000 Tax Increment Financing Note issued in 2018 in connection with the Frost English Silver Project, Phase II of the multifamily project at the intersections of Frost Avenue and English Street. The Note will be assigned to the buyer in connection with the sale of the property and there will be a collateral assignment of the Note from the buyer to the buyerÓs lender. The agreements the City is asked to sign are standard and will not adversely affect the City. Recommended Action: Motion to adopt the attached resolution entitled ÐResolution Authorizing Execution of Consents to Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note (Frost English Silver) and Assignment of Tax Increment Revenue Note and Development Agreement and Amendment to Development AgreementÑ. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The Frost English Silver development and development agreement occurred in the context of the strategic plan. The economic interests of the community are best served through the continuing relationship with the CityÓs development partners in the Frost English Silver development, Tax Increment Financing District 1-13 Project Phase II. Council Packet Page Number 122 of 253 Background Frost English Silver is a 107-unit multifamily housing building and is Phase II of a large redevelopment project at Frost Avenue and English Street. It is located in the CityÓs TIF District 1-13, a redevelopment tax increment financing district established in 2015. On October 26, 2018, following completion of the project, the City issued a pay-as-you-go tax increment financing Note in the principal amount of $3,900,000 to the developer, Maplewood Senior Apartments LLC. The City has made semi-annual payments on the Note out of available tax increment since then. The original developer is selling the project to Frost English Silver I LLC (the ÐBuyerÑ) and assigning the Note to the Buyer. The Buyer is obtaining financing for the acquisition and, as additional security for the loan, is collaterally assigning its interest in the Note to its lender. In order to accomplish this transaction, the City is asked to consent to the two documents attached hereto as Attachments 2 and 3.The agre ements are standard in this sort of transaction and will not have an adverse effect on the City. The City will continue to make payments on the Note out of available tax increment in accordance with the original agreement. The only change will be the identity of the party to whom payment is made. This matter is being brought to the city council because the 2017 Development Agreement between the City and Maplewood Senior Apartments LLC prohibits assignment of the Note without the CityÓs consent. Attachments 1.Resolution Authorizing Execution of Consents to Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note (Frost English Silver) and Assignment of Tax Increment Revenue Note and Development Agreement and Amendment to Development AgreementÑ 2.Assignment of Tax Increment Revenue Note and Development Agreement and Amendment to Development Agreement 3.Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note (Frost English Silver) Council Packet Page Number 123 of 253 CITY OF MAPLEWOOD RESOLUTION AUTHORIZING EXECUTION OF CONSENTS TO ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND ASSIGNMENT OF TAX INCREMENT REVENUE NOTE (FROST ENGLISH SILVER) AND ASSIGNMENT OF TAX INCREMENT REVENUE NOTE AND DEVELOPMENT AGREEMENT AND AMENDMENT TO DEVELOPMENT AGREEMENT WHEREAS, in 2015, the City established Tax Increment Financing District 1-13, a redevelopment tax increment financing district, to assist a multi-phase multiple family housing project at Frost Avenue and English Street; and WHEREAS, on October 26, 2018, the City issued to Maplewood Senior Apartments, LLC , the developer of Frost English Silver, the 107-unit Phase II of the project, a pay-as-you-go TIF Note in the principal amount of $3,900,000; and WHEREAS, Maplewood Senior Apartments, LLC is selling Phase II of the project to Frost English Silver I LLC (the ÐBuyerÑ) and assigning the Note to the Buyer; and WHEREAS, the Buyer is financing the transaction and collaterally assigning its interest in the Note to its lender as additional security for the loan; and WHEREAS, the 2017 Development Agreement between the City and the developer prohibits the assignment of the Note without the consent of the City; and WHEREAS, appropriate agreements have been submitted by the parties to this transaction and reviewed by the City and have been found to be in proper form. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota as follows: 1.The Mayor and City Manager are authorized and directed to execute Consents to the following documents in the general forms attached hereto: a)Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note (Frost English Silver); and b)Assignment of Tax Increment Revenue Note and Development Agreement and Amendment to Development Agreement. 2.City staff are authorized and directed to change the ownership registration of the Note in the CityÓs records in accordance with the above documents. Council Packet Page Number 124 of 253 3.City staff and consultants are authorized and directed to take all additional actions as may be necessary or convenient to facilitate the intent of this resolution. Adopted by the City Council of the City of Maplewood on October 11, 2021. Approved: Marylee Abrams, Mayor Attest: _____________________________________ Andrea Sindt, City Clerk Council Packet Page Number 125 of 253 G10, Attachment 2 ASSIGNMENT OF TAX INCREMENT REVENUE NOTE AND DEVELOPMENT AGREEMENT AND AMENDMENT TO DEVELOPMENT AGREEMENT THIS ASSIGNMENT OF TAX INCREMENT REVENUE NOTE AND DEVELOPMENT AGREEMENT AND AMENDMENT TO DEVELOPMENT AGREEMENT (this “Assignment”) is made as of the ____ day of October, 2021, by FROST ENGLISH SILVER I LLC, a Delaware limited liability company (the “Borrower”), in favor of JLL REAL ESTATE CAPITAL, LLC, a Delaware limited liability company (“JLL”), and FANNIE MAE, its successors and/or assigns as successor in interest immediately following and contemporaneously with the closing of the DUS Loan (defined below) (“Fannie Mae,” and, together with JLL, collectively, the “Lender”), and is agreed to by CITY OF MAPLEWOOD, MINNESOTA, a public body corporate and politic of the State of Minnesota(the “City”) to confirm that this assignment is a permitted assignment under the Development Agreement, as defined below, and to consent to Section 11 of this Assignment. RECITALS Maplewood Senior Apartments LLC, a Minnesota limited liability company (“Prior Owner”), and the City are parties to that certain Development Agreement dated as of May 1, 2017 (the “Development Agreement”). Pursuant to the Development Agreement, Prior Owner agreed to construct a 107-unit housing facility (the “Project”) on the property owned in fee by the Borrower as legally described on attached Exhibit A (herein the “Real Property”) and the City created and established a tax increment financing district and agreed to provide certain tax increment assistance to the Real Property. The City issued to Prior Owner that certain Tax Increment Revenue Note (Maplewood Senior Apartments LLC Housing Project), dated October 26, 2018, in the principal amount of $3,900,000.00 (the “TIF Note”). On the date of this Assignment, Prior Owner is conveying the Real Property to Borrower in its entirety, and in connection with such conveyance, Prior Owner is assigning to Borrower, and Borrower is assuming from Prior Owner, the Development Agreement and the TIF Note from Prior Owner pursuant to that certain Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note, by and between Prior Owner and Borrower, dated as of the date hereof. JLL intends to make a mortgage loan on the date hereof to Borrower in the approximate original principal amount of $17,810,000.00(the “DUS Loan”), as evidenced and secured by, among other documents (i) a Multifamily Note from the Borrower to JLL in the amount of the DUS Loan, dated as of the date hereof (the “DUSNote”); and (ii) that certain first-lien priority Multifamily Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Minnesota) between Borrower and JLL, dated as of the date hereof (the “DUSMortgage”). The DUS Loan will be assigned to Fannie Mae from JLL after the making of the DUS Loan. The DUS Note and the DUS Mortgage, along with any and all other documents, agreements, or instruments which evidence or secure the indebtedness evidenced by the DUS Note, are hereinafter collectively referred to as the “DUS Loan Documents.” The Borrower intends to use the proceeds of the DUS Loan to acquire the Real Property. Council Packet Page Number 126 of 253 G10, Attachment 2 In the event of any conflict between the terms hereof and the DUS Loan Documents, the terms and conditions of the DUS Loan Documents shall control. As a condition to the DUS Loan, Lender has required Borrower to cause the execution and delivery of this Assignment. NOW, THEREFORE, in consideration of the DUS Loan and intending to be legally bound, Borrower does hereby covenant, agree, warrant, represent, assign, set over and transfer, to the extent assignable and transferable, as set forth herein: 1.Upon receipt of the existing original TIF Note from Prior Owner and the making of the DUS Loan, Borrower agrees to deliver such fully executed TIF Note to Lender, endorsed in blank, to be held by Lender as collateral for the DUS Loan. 2.Borrower hereby pledges and grants Lender a security interest in the TIF Note and collaterally assigns, transfers and sets over unto Lender all of its current and future right, title and interest in and to the TIF Note and all rights and benefits therefrom, including, without limitation, the payments under the TIF Note, as security for the full, timely and faithful repayment by Borrower of the DUS Loan, and performance by Borrower of its obligations under the DUS Loan Documents, such assignment to be effective upon the making of the DUS Loan. Borrower hereby agrees to execute such additional documentation as required by Lender in order to give full force and effect to such assignment to Lender of the TIF Note. 3.The Borrower hereby acknowledges and agrees that, from and after the date hereof, all payments made by the City under the TIF Note shall be paid to Borrower as security for the full, timely and faithful repayment by Borrower of the DUS Loan, and performance by Borrower of its obligations under the DUS Loan Documents. Upon a foreclosure or exercise of Lender’s remedies under the DUS Loan Documents, the TIF Note shall be endorsed to Lender (or its assigns) and the City shall make payments under the TIF Note directly to Lender for the remaining term of the DUS Loan, by the City sending payments to Lender at the address as provided in Section 17. The Borrower hereby irrevocably directs and authorizes the City to pay for the benefit of the Borrower directly and exclusively to the Lender or its assigns all sums due under the TIF Note, subject to the terms thereof, and Borrower hereby irrevocably authorizes and directs the City to recognize the claims of the Lender without investigating the reason for any action taken or the validity of or the amount of indebtedness owing to the Lender or the existence of any Event of Default (as defined and set forth in the DUS Loan Documents); and to the extent such sums are paid to the Lender, the Borrower agrees that the City shall have no further liability to the Borrower for the same. The sole receipt by the Lender of any sum paid by the City shall be in discharge and release of that portion of any amount owed by the City. The Lender acknowledges that the City’s rights and remedies against the Borrower under the Development Agreement are unaffected by this Assignment. 4.Borrower hereby collaterally assigns to Lender its right, title and interest to and under the Development Agreement as security for the full, timely and faithful repayment by Borrower of the DUS Loan, and performance by Borrower of its obligations under the DUS Loan Documents, such assignment to be effective upon the making of the DUS Loan. Borrower hereby agrees to execute such additional documentation as required by Lender in order to give full force and effect to such assignment to Lender of its rights under the Development Agreement. Council Packet Page Number 127 of 253 G10, Attachment 2 5.Borrower agrees to faithfully observe and perform all of the obligations and agreements of the TIF Note and Development Agreement, if any, subject to Borrower’s right to reasonably contest observance and performance under the TIF Note or the Development Agreement. 6.Lender will not be deemed in any manner to have assumed any of the obligations related to the Development Agreement or TIF Note, nor shall Lender be liable to the City by reason of any default by any party under the Development Agreement or TIF Note. Borrower agrees to indemnify and to hold Lender harmless of and from any and all liability, loss or damage which it may or might incur by reason of any claims or demands against it based on its alleged assumption of Borrower’s duty and obligation to perform and discharge the terms, covenants and agreements in the Development Agreement or the TIF Note. 7.After the occurrence of an Event of Default (as defined and set forth in the DUS Loan Documents), subject to applicable grace or cure periods: a.Lender may elect to exercise any and all of Borrower’s rights and remedies under the TIF Note, without any interference or objection from Borrower, and Borrower shall cooperate in causing the City to comply with all the terms and conditions of the TIF Note; b.Lender may exercise Borrower’s rights under the TIF Note and perform all acts in the same manner and to the same extent as Borrower might do. In connection with any and all of the foregoing powers, and without limiting the same, Lender may amend the terms of the TIF Note (with the consent of the City), and make concessions to the City; c.Lender may exercise Borrower’s rights under the provisions of the Development Agreement and perform all acts in the same manner and to the same extent as Borrower might do, solely as they relate to the Real Property; and d.Lender may exercise any remedies provided to it in the DUS Loan Documents. 8.All of the foregoing powers herein granted to Lender shall be liberally construed against the Borrower. Lender acknowledges that the City’s rights and remedies against the Borrower under the Development Agreement are unaffected by this Assignment.Lender need not expend its own funds in the exercise of such power, but if it does, such amounts shall be considered as advances for and on behalf of Borrower secured by this Assignment and also secured by the DUS Loan Documents. Any amounts so advanced shall bear interest at the then current rate prescribed in the DUS Loan Documents. 9.Nothing herein contained shall be construed as constituting a waiver or suspension by Lender of its right to enforce payment of the debts under the terms of the DUS Loan Documents. No Lender is the agent, partner or joint venturer of the Borrower or the City. 10.The City and Borrower agree that, from and after the date hereof, the Development Agreement is hereby amended as follows: Section 4.1(4) of the Development Agreement is Council Packet Page Number 128 of 253 G10, Attachment 2 deleted in its entirety and replaced with the following: “Intentionally Omitted”. The City and Borrower agree that payments of the TIF Note may continue after foreclosure of the Real Property by the holder of a mortgagee of the Real Property, subject to compliance with the provisions of the TIF Note and the Development Agreement. 11.This Assignment may be enforced from time to time by Lender at its discretion, with or without order of any court, as Lender shall determine. Lender shall have no obligation to enforce or continue to enforce this Assignment. Any failure on the part of the Lender promptly to exercise any option hereby given or reserved shall not prevent the exercise of any such option at any time thereafter. Lender may pursue and enforce any remedy or remedies accorded it herein independently of, in conjunction or concurrently with, or subsequent to its pursuit and enforcement of any remedy or remedies which it may have under the DUS Loan Documents. 12.Borrower warrants and represents that: a.It has the right to exercise and deliver this Assignment under the terms of the Development Agreement and shall have the rights to exercise and deliver this Assignment under the terms of the TIF Note, upon its execution and delivery. The execution of this Assignment and performance and observance of its terms hereof have been duly authorized by necessary company action and do not contravene or violate any provision of Borrower’s organizational documents. b.It has made no prior assignments of the TIF Note or Development Agreement, all prior assignments by Prior Owner have been terminated as of the date of this Assignment, and to the extent Borrower has assigned the TIF Note or Development Agreement to another third-party, such assignments are null and void. c.To Borrower’s knowledge, as of the date hereof (i) the Development Agreement is in full force and effect, subject to no defenses, setoffs or counterclaims whatsoever; and (ii) there exists no event, condition or occurrence that would cause the TIF Note to be subject to any defenses, setoffs or counterclaims whatsoever upon its execution and delivery. d.To Borrower’s knowledge, there exists no event, condition or occurrence which constitutes, or which with notice and/or the passage of time would constitute, a breach of or default under any terms or conditions of any of the Development Agreement or, upon its execution and delivery, the TIF Note. Borrower also hereby covenants and agrees not to do any act which would destroy or impair the security to Lender of this Assignment. e.Borrower has filed all tax returns required to be filed and either paid all taxes shown thereon to be due, including interest and penalties, which are not being contested in good faith and by appropriate proceedings, and Borrower has no knowledge of any objections or claims for additional taxes in respect to federal tax or excise profit tax returns for prior years. Council Packet Page Number 129 of 253 G10, Attachment 2 13.When the context so requires, the singular shall include the plural and conversely, and use of any gender shall include all genders. 14.This Assignment shall be governed by and be construed in accordance with the laws of the State of Minnesota. Whenever possible, each provision of this Assignment shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Assignment shall be prohibited by or be invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the remaining provisions of this Assignment. 15.Lender hereby agrees that upon payment in full of all amounts due and owing under the DUS Loan Documents, that this Assignment shall terminate and Lender shall take all reasonable actions necessary to return the TIF Note to Borrower, including, but not limiting terminating this Assignment and endorsing the TIF Note to Borrower. 16.Notices required hereunder shall be by registered or certified mail or hand delivered, addressed as follows: If to Borrower at: Frost English Silver I LLC c/o Axial Real Estate Advisors LLC 800 LaSalle Avenue, Suite 1825 Minneapolis, Minnesota 55402 Attention: Scott Larson With a copy to: Taft Stettinius & Hollister LLP 80 South Eighth Street, Suite 2200 Minneapolis, Minnesota 55402-2157 Attention: Julie A. Drewes, Esq. If to Lender at: JLL Real Estate Capital, LLC 2177 Youngman Avenue St. Paul, Minnesota 55116 Attention: Loan Servicing Email: loanservicing@am.jll.com With a copy to: Cassin & Cassin LLP 711 Third Avenue, 20th Floor New York, NY 10017 Attention: Jordan Hersch or to such other address specified in writing by one party to the other in accordance herewith. \[SIGNATURE PAGE TO FOLLOW\] Council Packet Page Number 130 of 253 G10, Attachment 2 IN WITNESS WHEREOF, Borrower has caused this Assignment to be executed as of the day and year first above written. BORROWER: FROST ENGLISH SILVER I LLC, a Delaware limited liability company By: ______________________ Name: Title: Council Packet Page Number 131 of 253 G10, Attachment 2 CITY’S AGREEMENT AND CONSENT To induce Lender to make the DUS Loan described in the foregoing Assignment, the City hereby acknowledges and consents to the foregoing Assignment to Lender, including the assignment and endorsement of the TIF Note and assignment of the Development Agreement, all as consistent with the terms and conditions of the foregoing Assignment, and further agrees to endeavor in good faith to deliver to Lender a copy of any notice given to Borrower with respect to any breach or default by Borrower under the Development Agreement or the TIF Note within five days of delivering any such notice to Borrower, provided failure of the City to provide such timely notice shall not affect the City’s rights to enforce remedies under the Development Agreement except remedies that suspend or terminate payments under the TIF Note, in which case, the City shall not effect such remedy until it has provided Lender a copy of such notice and allowed a 30 day opportunity to cure. Upon the making of the DUS Loan, the City shall make all payments under the TIF Note to Lender at the address to be provided by Lender until further notified. The City further agrees to the amendment to the Development Agreement set forth in Section 10 of the Assignment. Dated: As of October ___, 2021 Council Packet Page Number 132 of 253 G10, Attachment 2 CITY OF MAPLEWOOD, MINNESOTA By: (SEAL) Name: Marylee Abrams Title: Mayor By: (SEAL) Name: Melinda Coleman Title: City Manager Council Packet Page Number 133 of 253 G10, Attachment 2 EXHIBIT “A” LEGAL DESCRIPTION OF REAL PROPERTY Lot 2, Block 1, The Villages at Frost English, according to the recorded plat thereof, Ramsey County, Minnesota. Together with appurtenant, non-exclusive, easements for ingress and egress, utilities, infrastructure improvements, drainage, and pedestrian path, as set forth in Reciprocal Maintenance, Use, and Easement Agreement dated August 1, 2015, filed August 24, 2015, as Document No. A4571943. As amended by First Amendment to Reciprocal Maintenance, Use, and Easement Agreement dated July 28, 2017, filed July 31, 2017, as Document No. A4669820. Council Packet Page Number 134 of 253 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND ASSIGNMENT OF TAX INCREMENT REVENUE NOTE (Frost English Silver) This ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT AGREEMENT AND ASSIGNMENT OF TAX INCREMENT REVENUE NOTE (this Ð Agreement Ñ) is dated as of October ______, 2021 (the Ð Effective Date Ñ), executed by and between MAPLEWOOD SENIOR APARTMENTS LLC, a Minnesota limited liability company (Ð Assignor Ñ), and FROST ENGLISH SILVER I LLC, a Delaware limited liability company (Ð Assignee Ñ), with consent and acknowledgement by the CITY OF MAPLEWOOD, Minnesota, a municipal corporation organized and existing under the laws of the State of Minnesota (the Ð City Ñ). RECITALS A.The City entered into that certain Development Agreement dated as of May 1, 2017 (the Ð Development Agreement Ñ), pursuant to which Assignor constructed a senior housing project located on the real property legally described on Exhibit A attached hereto and made a part hereof (the Ð Property Ñ). B.Pursuant to the terms and subject to the conditions of the Development Agreement, the City executed and delivered to Assignor that certain United States of America, State of Minnesota, County of Ramsey, City of Maplewood, Tax Increment Revenue Note (Maplewood Senior Apartments LLC Housing Project), dated October 26, 2018, in the original principal amount of $3,900,000.00, executed by the City of Maplewood, Minnesota, as maker, to Maplewood Senior Apartments LLC, as holder (the Ð TIF Note Ñ). C.Assignor has agreed to sell to Assignee and Assignee has agreed to purchase the TIF Note from Assignor. D.Subject to the terms and conditions of this Agreement, Assignor shall assign and transfer to Assignee the TIF Note and shall assign to Assignee certain rights, obligations and liabilities of Assignor under the Development Agreement with regard to the tax increment payable pursuant to TIF Note. AGREEMENT NOW, THEREFORE, in consideration of mutual promises and of other good and valuable consideration each party hereto acknowledges, the parties hereby agree as follows: Council Packet Page Number 135 of 253 1.Definitions. Any capitalized term used but not defined herein shall have the meaning given such term in the Development Agreement. 2.Assignment. Assignor does hereby assign, transfer and convey to Assignee all of AssignorÓs right, title, and interest in and to (a) the TIF Note, and (b) the tax increment related to the Property (the ÐTax IncrementÑ), together with all of AssignorÓs obligations and liabilities associated with the Tax Increment accruing from and after the Effective Date. 3.Assumption. Assignee does hereby accept such assignment and assumes all of AssignorÓs right, title, and interest in and to (a) the TIF Note, and (b) the Tax Increment, together with all of AssignorÓs obligations and liabilities associated with the Tax Increment Sections accruing from and after the Effective Date. 4.Status of TIF Note and Development Agreement. Assignor, and the City (by its acknowledgement below) hereby confirm the following: (a) the current outstanding principal balance of the TIF Note is $3,900,000.00, (b) the accrued but unpaid interest on the TIF Note is $146,316.41, (c) to the knowledge of Assignor and the City, there exists no default by Assignor or the City under the Development Agreement or the TIF Note, and (c) the Development Agreement and the TIF Note remain in full force and effect and have not been modified, supplemented, terminated or amended. 5.Indemnification by Assignor. Assignor shall indemnify and hold harmless Assignee from and against all obligations of Assignor under the Development Agreement and the TIF Note to the extent such obligations were applicable to the period and required to be performed prior to the Effective Date. 6.Indemnification by Assignee. From and after the Effective Date, Assignee shall indemnify and hold harmless Assignor from and against all obligations assumed by Assignee under the Development Agreement and the TIF Note to the extent that such obligations are applicable to the period and required to be performed from and after the Effective Date. 7.Assignment of TIF Note. Concurrent with the execution of this Agreement, Assignor has delivered and surrendered the original TIF Note to Assignee. 8.Governing Law; Successors and Assigns. This Agreement shall be construed and enforced in accordance with the laws of the State of Minnesota. 9.Counterparts. This Agreement may be executed in any number of counterparts; each counterpart hereof shall be deemed to be an original instrument, but all of counterparts together shall constitute but one agreement. Council Packet Page Number 136 of 253 G10, Attachment 3 Assignor and Assignee have caused this Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note to be executed as of the Effective Date. ASSIGNOR: MAPLEWOOD SENIOR APARTMENTS LLC, a Minnesota limited liability company By: Name: Christopher L. Sherman Title: President STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of October, 2021, by Christopher L. Sherman, the President of Maplewood Senior Apartments LLC, a Minnesota limited liability company, on behalf of the limited liability company. ____________________________________ Notary Public Council Packet Page Number 137 of 253 ASSIGNEE: FROST ENGLISH SILVER I LLC, a Delaware limited liability company By: Name: Title: STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of October, 2021, by , the of Frost English Silver I LLC, a Delaware limited liability company, on behalf of the limited liability company. ____________________________________ Notary Public This Instrument Drafted By: Sherman Associates, Inc. (JLW) 233 Park Avenue South, Suite 201 Minneapolis, MN 55415 612-332-3000 Council Packet Page Number 138 of 253 G10, Attachment 3 The City hereby consents and agrees to this Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note. CITY: CITY OF MAPLEWOOD, MINNESOTA By___________________________________ Marylee Abrams Its: Mayor By___________________________________ Melinda Coleman Its: City Manager This signature page is a consent of the City attached to a Assignment and Assumption of Development Agreement and Assignment of Tax Increment Revenue Note between Maplewood Senior Apartments LLC and Frost English Silver I LLC in connection with the CityÓs Tax Increment Financing District Council Packet Page Number 139 of 253 G10, Attachment 3 EXHIBIT A DESCRIPTION OF THE PROPERTY Lot 2, Block 1, The Villages at Frost English, according to the recorded plat thereof, Ramsey County, Minnesota. Together with appurtenant, non-exclusive, easements for ingress and egress, utilities, infrastructure improvements, drainage, and pedestrian path, as set forth in Reciprocal Maintenance, Use, and Easement Agreement dated August 1, 2015, filed August 24, 2015, as Document No. A4571943. As amended by First Amendment to Reciprocal Maintenance, Use, and Easement Agreement dated July 28, 2017, filed July 31, 2017, as Document No. A4669820. Council Packet Page Number 140 of 253 G11 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER:Ron Batty, City Attorney AGENDA ITEM: Resolution Reaffirming and Approving the Sale of 2228 Maplewood Drive Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: At the August 9, 2021 city council meeting, by motion council approved the purchase agreement with Barostas, LLC for the sale of city-owned property at 2228 Maplewood Drive. The title company has requested a resolution reaffirming and approving the sale and purchase agreement for recording purposes. Recommended Action: Motion to approve the resolution reaffirming and approving the sale by the city of 2228 Maplewood Drive and the purchase agreement therefor. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Background: The city council approved the purchase agreement conveying the property at 2228 Maplewood Drive to Barostas, LLC during its regular meeting on August 9, 2021 and this was documented in the city’s official minutes. However, for timely completion of the transaction, the title company has requested the city council execute the attached resolution for recording purposes. Attachments: 1.Resolution Council Packet Page Number 141 of 253 G11, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA OLUTION NO. ___________ RES RESOLUTION REAFFIRMING AND APPROVING THE SALE BY THE CITY OF 2228 MAPLEWOOD DRIVE AND THE PURCHASE AGREEMENT THEREFOR WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 2228 Maplewood Drive , in the City of Maplewood, Minnesota (the “Property”); and WHEREAS, the legal description of the Property is: 1, Block 1, Keller Addition, Ramsey County, Minnesota Lot WHEREAS, Barostas, LLC, a Minnesota limited liability company (the “Buyer”) has offered to purchase the Property and the City has accepted such offer to purchase; and WHEREAS, the City previously approved the Purchase Agreement conveying the Property to Buyer at its regular meeting on August 9, 2021 which approval was documented in the City’s official minutes for said meeting; and WHEREAS, to timely complete the contemplated transaction, the title company utilized by the City and Buyer has requested that the City execute this resolution for recoding purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1.The recitals set forth herein are incorporated into and made a part hereof. 2.The City’s minutes from its regular meeting on August 9, 2021, which include approval of the purchase agreement with Barostas, LLC for the Property, are hereby reaffirmed and incorporated herein. 3.The Mayor and the City Manager, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent hereof. Approved this 11th day of October, 2021, by the City Council of the City of Maplewood, Minnesota. CITY OF MAPLEWOOD, MINNESOTA Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk Council Packet Page Number 142 of 253 G12 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER:Ron Batty, City Attorney AGENDA ITEM: Resolution Reaffirming and Approving the Sale of 2501 Londin Lane East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: At the June 14, 2021 city council meeting, by motion council approved the purchase agreement with Real Estate Equities, LLC for the sale of city-owned property at 2501 Londin Lane East. The title company has requested a resolution reaffirming and approving the sale and purchase agreement for recording purposes. Recommended Action: Motion to approve the resolution reaffirming and approving the sale by the city of 2051 Londin Lane Eastand the purchase agreement therefor. 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. Background: The city council approved the purchase agreement conveying the property at 2501 Londin Lane East to Real Estate Equities, LLC during its regular meeting on June 14, 2021 and this was documented in the city’s official minutes. However, for timely completion of the transaction, the title company has requested the city council execute the attached resolution for recording purposes. Attachments: 1. Resolution Council Packet Page Number 143 of 253 G12, Attachment 1 CITY OF MAPLEWOOD, MINNESOTA OLUTION NO. ___________ RES RESOLUTION REAFFIRMING AND APPROVING THE SALE BY THE CITY OF 2501 LONDIN LANE EAST AND THE PURCHASE AGREEMENT THEREFOR WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 2501 Londin Lane East, in the City of Maplewood, Minnesota (the “Property”); and WHEREAS, the legal description of the Property is: rt of the Northwest ¼ of the Northeast ¼ of Section 12, Township 28, Range 22 Pa lying Southwesterly of New Lower Afton Road and lying Northerly and Northwesterly of Londin Lane, Ramsey County, Minnesota; and WHEREAS, Real Estate Equities, LLC, a Minnesota limited liability company (the “Buyer”) has offered to purchase the Property and the City has accepted such offer to purchase; and WHEREAS, the City previously approved the Purchase Agreement conveying the Property to Buyer at its regular meeting on June 14, 2021, which approval was documented in the City’s official minutes for said meeting; and WHEREAS, to timely complete the contemplated transaction, the title company utilized by the City and Buyer has requested that the City execute this Resolution for recoding purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA AS FOLLOWS: 1.The recitals set forth herein are incorporated into and made a part hereof. 2.The City’s minutes from its regular meeting on June 14, 2021, which include approval of the purchase agreement with Real Estate Equities, LLC for the Property, are hereby reaffirmed and incorporated herein. 3.The Mayor and the City Manager, staff, and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent hereof. Approved this 11th day of October, 2021, by the City Council of the City of Maplewood, Minnesota. CITY OF MAPLEWOOD, MINNESOTA Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk Council Packet Page Number 144 of 253 I1 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Jeff Thomson, Community Development Director AGENDA ITEM: Lot Width Variance Resolution, 2010 EdgertonStreetNorth Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width for an interior lot in order to subdivide the existing property located at 2010 Edgerton Street North. The applicants brought this request to the city council at the August 9, 2021, regular meeting. The council tabled the application and requested that the applicant provide an updated plan verifying that if the council approved the variance, the construction of the new home would meet all applicable, grading, wetland and shoreland ordinances. To move forward with this project, the applicant needs city council approval of the following: a variance from the City’s subdivision ordinance and shoreland overlay district ordinance, to allow a lot width of 34 feet. Recommended Action: (Staff Recommendation) Motion to approve a resolution denying a variance request to create a lot 34 feet in width for the property located at 2010 Edgerton Street North. (Planning Commission Recommendation) Motion to approve a resolution approving a variance from the City’s subdivision ordinance and shoreland overlay district ordinance, to allow a lot width of 34 feet for the property located at 2010 Edgerton Street North. 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. Council Packet Page Number 145 of 253 I1 The City deemed the application complete on June 29, 2021. The initial 60-day review deadline was August 28, 2021. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. In order to allow the applicant sufficient time to respond to the city council’s request for an updated plan, the review deadline has been extended to October 27, 2021. Background: Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width standard in order to subdivide the existing property located at 2010 Edgerton Street North, creating a second lot 34 feet in width. The request for the lot width variance would allow the property owners to proceed with a lot division application to formally subdivide the parcel, build a new residential home on the new lot, and sell the existing property. However, if the variance is not approved the lot division application cannot proceed as proposed. The City’s subdivision ordinance and design standards require newly subdivided lots to be a minimum of 60 feet at the front lot line (Edgerton Street). In addition, the property is located in a shoreland overlay district and city code requires that lots within a shoreland overlay district be 75 feet in width. At the August 9, 2021, regular city council meeting the application was tabled. The council requested that the applicant produce an updated plan showing the wetland buffer and any impact to the area. The city council wanted to ensure that all grading would occur outside of the buffer zone and that they wouldn’t need to have the applicant come back for any additional approvals down the road if the lot width variance were approved. The applicant has provided an updated plan illustrating that the proposed new home and driveway, and the existing home would meet all applicable setback standards. If approved, the existing lot and proposed lot would meet the minimum lot size standard. Also, the plan shows that all grading would occur outside of the wetland. The updated plans do not change the proposed configuration and layout of the lots. Therefore, to move forward with this project, the applicant continues to need city council approval of the following: a variance from the City’s subdivision ordinance and shoreland overlay district ordinance, to allow a lot width of 34 feet. Lot width Variance State statute allows variances to be approved when practical difficulties exist. State statute also dictates that practical difficulties occur when the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Staff has reviewed the application and while the request is reasonable, it does not meet all the practical difficulty standards which must be applied. The existing circumstances are not unique to this property. Creating a 34 foot wide lot at the front property line along Edgerton is out of character for the neighborhood. Department Comments Engineering, Environmental Health, Public Safety and Building Inspections No comments. Environmental (Updated environmental review memo dated October 5, 2021 is attached.) Council Packet Page Number 146 of 253 I1 1. Shoreland Overlay District: The City’s Shoreland Ordinance classifies Lake Oehrlein as a Class IV Water. a. Lot Width: Class IV Waters require a 75-foot lot width. The proposed lot division will require a 34-foot lot width variance from the City’s Shoreland Ordinance. b. Building Setback: Class IV Waters require a minimum building setback from the ordinary high water mark of 75 feet. The survey reflects that the new buildings including the house and workshop meet the required 75-foot setback. c. Development of the Lot: Development of the lot must comply with all other Shoreland Ordinance requirements as outlined in City Code. 2. Wetland Ordinance: a. Wetland Buffer: The City’s Wetland Ordinance classifies Lake Oehrlein as Manage B wetland. City code requires a 50-foot buffer to be maintained along a Manage B wetland that is adjacent a lake. There is no building, grading, or mowing allowed within the wetland buffer. The survey reflects that the new buildings and development maintain a 75-foot setback to the lake. The additional information submitted by the applicant indicates that there is no proposed grading within the required 50-foot wetland buffer. The applicant shall submit a final grading plan with the building permit application for the new home to ensure there is no grading within the required buffer. b. Wetland Signs: At least three wetland buffer signs shall be installed along the wetland buffer edge. The City manufactures the signs and charges the applicant a fee of $30 per sign. The signs identify the buffer and that there is no building, grading, or mowing allowed. Commission Review July 20, 2021: The planning commission held a public hearing and reviewed this application. The commission made a motion to approve the draft resolution denying the variance request. The motion did not pass, with one (1) aye vote and five (5) nay votes. The discussion by the planning commission indicated that the majority of commissioners did not agree with the recommendation and resolution presented by staff. Therefore a second motion and resolution to approve the variance is included in this report for consideration by the city council. If the council agrees with staff’s recommendation to deny the variance request, please use the first motion under recommended action and attachment (1) one for a vote. If the council agrees with the planning commission to approve the variance request, please use the second motion under recommended action and attachment (2) two for a vote. A copy of the planning commission meeting minutes are included for reference. Citizen Comments Staff surveyed the surrounding property owners within 500 feet of the subject property for their opinion about this proposal. Staff received twelve (12) responses – all shown below. 1. We received this variance application just before a holiday weekend with little time to review and respond. Is this the usual comment period? We do not approve of this deviation from the large lot sizes so valued in our neighborhood. The available space along Edgerton is insufficient for off street parking and access to the premises for emergency vehicles. There is no sidewalk along Edgerton and parked cars would make for unsafe walking and biking. There is already plenty of traffic on the street and increasing the population density will Council Packet Page Number 147 of 253 I1 degrade the environment both on the street and along the lake, which is home to a valued population of wildlife. We worry that this development would open our neighborhood to further degradation by this kind of development. There are many large lots that could follow in succession if this precedent is allowed. (Ken and Camille Johnson, 1994 Payne Avenue) 2. My home is on Oehrline Lake, at 673 Belmont Lane E. My biggest concern about this variance request is that it means a significant change in the wildlife habitat for this area, which is of great importance to us and many others in this area. The affected area on the south shore of the lake is the single largest natural area adjacent to this lake, and is an area of great importance to birds, waterfowl, deer - all important reasons we enjoy living here. The proposed changes would have significant and long range effects. (Ronald F. Ofstead, 673 Belmont Lane E) 3. Thank you for the opportunity to comment on Bruce and Denise Wold’s variance request. The Wolds are fine neighbors and active members of Oehrlines Lake Association. I would be sad to see them leave the neighborhood. I helped establish the Oehrlines Lake Association because lake owners on Oehrlines are passionate about their unique neighborhood and semi-rural setting. I am still the unofficial head of the organization. For thirty years, I have organized lakeshore owners, working with the DNR and with Lake Management of Marine on St. Croix, to try and keep the lake healthy. As neighbors, we know each other and alert each other to anything unusual we observe on the lake and to any variances or City plans that will affect the lake and this unique neighborhood. I am troubled that we learned only last Saturday, on a holiday weekend, about the variance request for 2010 Edgerton. Asking for comments by tomorrow, July 6, gives us little time to reflect, let alone talk to one another. Many residents are away, and those of us who have talked to one another are uncertain how many residents even received your mailing. What some neighbors are discussing, and I hope the City will examine, is whether a variance to allow for a long driveway will impact adjacent neighbors, will change the character of what about 80 years ago was deliberately platted to create open space adjacent to the lake, and will set a precedent others may follow to subdivide and develop their lots on Oehrlines Lake. I had the opportunity to talk with Dr. Ostergren, who was in his 80s, before he sold his house to the Wolds in 1997. He told me how deliberately he had platted the many acres he owned along Edgerton Street, selling some to others, to deter overdevelopment and preserve open space on and around Oehrlines Lake. People move to Oehrlines for its semi-rural character. I am wondering how many neighbors, adjacent to or across the lake from the proposed second Wold house, built or bought where they did on the assumption there would always be open space. We all know there are lot size standards precluding a long driveway being laid from Edgerton Street. For some neighbors, changing that rule is shocking, as much as they like Bruce and Denise. Please allow sufficient time for all interested homeowners on and around Oehrlines to weigh in before you report to the planning commission and the City. In closing, let me express my personal questions about the proposed second house with regard to sewer and water: how will sewer services and water reach a house over 300 feet from the street at a point where the land elevations drop? Will the hillside be re-contoured? Will there be a pumping station? Septic system? What will be the environmental impact on Oehrlines Lake? These questions concern me. Thank you for inviting comments, for listening, and for postponing reporting to the commission and City until residents on and around Oehrlines can weigh in. I have told residents who contacted me today that I would ask you to extend the time for feedback. (Dianne Del Giorno, 655 East Belmont Lane) 4. We are very grateful to Bruce and Denise Wold. Their large lot has been a great sanctuary for wildlife and beauty. It is very close to our lot, so for those reasons we hope the lot Council Packet Page Number 148 of 253 I1 remains unchanged. We also believe the wildlife would be thankful if the Wolds leave their lot unchanged. Thank you for your consideration. (Susan and James Barnett, 660 E Belmont Ln) 5. We have no objection to the variance requested by Bruce and Dennis Wold. We appreciate their stewardship of the land and lakeshore. (Patricia and Thomas Galligher, 1989 Payne Ave) 6. We are opposed to the issue of a variance for purpose of adding another home on the Lake Oehrline shoreline. The aquatic vegetation has become overwhelming in the last few years. Removal of the existing 100 year old trees to erect a home and surrounding grass lawn will only add to the vegetation problem due to the use of more fertilizer run off into the lake. We request that you seriously consider our position. (The following email received after the Planning Commission meeting) I was very impressed with the decision of the city planners to deny the request for a variance for the property at 2010 Edgerton Street. The city based its decision on the needs of the city and its neighborhoods to have consistent rules and regulations for future development. The city plan and codes are based on common sense and the problem of setting precedents for future plans or exceptions to the existing codes. On the other hand, the Planning Commission seemed to base its decision to allow the variance on the emotions of helping the petitioners. It seems that they were not considering the long range implication of this decision. The Wolds needs are short term. What happens in ten years when the Wolds no longer can live on this property? The City Planners are aware of the long term problems with this variance. The Environmental Commissioner also commented and recommended denial of this variance. Hopefully you will stress the long term advantage of denial of the variance in your presentation to the City Council. Could you please let us know when the City Council will be meeting on this issue? Thank you for your time! (Bob and Sandy Jones, 650 E Belmont Ln) 7. I received the notice regarding 2010 Edgerton and read the plans and proposal. I support the home owners plan to create 2 lots and subdivide their land. Thank you for seeking feedback, I appreciate it! (Peggy Bloomstrand, 1981 Lee Street) 8. Paul Nelson and I own the property at 2004 Edgerton St. Thank you for your letter requesting feedback on Bruce and Denise Wold's application for a variance to the lot width requirement. We have carefully studied the Wold's request and the attached planning documents. We oppose the variance request. If additional information is required, we would be happy to provide a list of factors we considered in our opinion on this matter. (Kaz Nelson, 2004 Edgerton Street) 9. We have no concerns - thank you! (Beth Lingren Clark, address not provided) 10. This email is in response to your letter dated July 1, which we received July 3 (in the middle of the 4th of July weekend). It asks for a very prompt response, stating that you need response comments by July 6. We appreciate the notification and request for our response, and for the enclosed maps, which indicate the location of the lakeside lot for which variance is requested. While the request is for a variance exception from 75 feet on the lot width facing Edgerton, to downsize to 34 feet, in order to create a second lot to build their desired proposed house, an exceptionally long driveway of 12 feet by 250 feet down to the lake behind their current home is in the proposed plan. It is obvious that there will be environmental impact, both known and unknown. The known is that the lakeshore part of that lot is currently a wooded home to wildlife. The unknown impact, which is more Council Packet Page Number 149 of 253 I1 concerning, is whether the elevation of the proposed house site is high enough to not cause future sewage contamination of this Maplewood Lake, Lake Oehrlines. Because the elevation of Edgerton Street is definitely higher than the proposed site, and the distance from that site back to Edgerton and its main sewage line is uphill and long, our concern would be future sewage backup/and or overflow. Please take into consideration these concerns when evaluating whether or not to grant an ordinance for a second lot down to the lake from Edgerton Street. Thank you for your consideration of these environmental concerns. (Demetri and Joanne Halatsis, 661 Belmont Ln E) 11. This is Anthony and Germaine Rodriguez at 2049 Edgerton Street. We just wanted to give our support for the Variance request at 2010 Edgerton Street. We believe that it is Expedient for this property for the safety and ease of access for this couple and for any emergency vehicles. Thank you so very much. (Anthony and Germaine Rodriguez, 2049 Edgerton Street) 12. My apologies for sending you this letter past the July 6th deadline. My husband and I have been away on vacation, and upon returning, we've needed a few days to consider the matter of Bruce and Denise's request to divide their property and build a new home on the back- half, facing Oehrline Lake. While I admit, my first reaction was disappointment and fear over losing what is now a gorgeous view of pristine woods from our kitchen and back deck; my husband and I have talked with Bruce and Denise, reviewed their plans, and decided that their new house will be nestled far enough away from the lakeshore to not affect our view that much. Therefore, it would be a shame to deny them their dreams for our selfish reasons. As such, we endorse their plans to move forward. Please feel free to contact me with any questions or concerns. (Anne Marie and Todd Forrester, 2032 Edgerton Street) Reference Information Site Description Site Size: 2.86 acres Surrounding Land Uses North: Low Density Residential East: Low Density Residential South: Low Density Residential West: Multiple Dwelling and Parks and Open Space Planning Existing Land Use: Low Density Residential Existing Zoning: R1, Residential Single Dwelling Attachments: 1. Setback Variance Resolution (to deny the variance) 2. Setback Variance Resolution (to approve the variance) 3. Planning Commission Meeting Minutes 4. Overview Map 5. 2040 Future Land Use Map 6. Zoning Map Council Packet Page Number 150 of 253 I1 7.Applicant’s Narrative 8.Applicant’s Plan 9.Environmental Review Memo, Dated October 5, 2021 Council Packet Page Number 151 of 253 Attachment 1 VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width in order to subdivide the existing property located at 2010 Edgerton Street North. 1.02A varianceis requestedtoallow a lot width of 34 feet. 1.03The propertylocated at 2010 EdgertonStreet North islegally described as: PID# 172922130078 The North 320 feet of the West Half of the Southwest Quarter of the Northeast Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota, EXCEPT the North 182 feet of the West 195 feet thereof and ALSO EXCEPT the East 145 thereof. Section 2. Standards. 2.01Variance Standard. City Ordinance Section 44-13refers to state statutewhich states a variance may be grantedfrom the requirements of the zoning ordinance when: (1) the variance is inharmony with the general purposes and intentof this ordinance; (2) when thevariance is consistent with the comprehensive plan; and (3) when the applicantestablishes that there are practical difficulties in complying with the ordinance.Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for avariance is caused by circumstances unique to the property, not created by theproperty owner, and not solely based oneconomic conditions; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01The variance request for a lot width of 34 feet does not meet the required standards for a variance. Staff does notfind: 1.That the need for avariance is caused by circumstances unique to the property, not created by theproperty owner, and not solely based oneconomic conditions; 2.That the need for a variance is in harmony with the general purposes and intent of this ordinance; and 3.That the variance is consistent with the comprehensive plan. Section 4. CityReview Process 4.01The Cityconducted the following review when considering the variance requests. 4.02 On July 20, 2021, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Pressand sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance Council Packet Page Number 152 of 253 Attachment 1 to speak and present written statements. The planning commission recommended that the city council ___________this resolution. 4.03 On August 9, 2021,and on October11, 2021, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01The city council hereby _______the resolution. Denial of the applicationis based on the findings outlined in section 3 of this resolution. __________by the City Council of the City of Maplewood, Minnesota, on October 11, 2021. Council Packet Page Number 153 of 253 Attachment 2 VARIANCE RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Bruce and Denise Wold (property owners) have requested a variance to the required minimum lot width in order to subdivide the existing property located at 2010 Edgerton Street North. 1.02A varianceis requestedtoallow a lot width of 34 feet. 1.03The propertylocated at 2010 Edgerton Street North islegally described as: PID# 172922130078 The North 320 feet of the West Half of the Southwest Quarter of the Northeast Quarter of Section 17, Township 29, Range 22, Ramsey County, Minnesota, EXCEPT the North 182 feet of the West 195 feet thereof and ALSO EXCEPT the East 145 thereof. Section 2. Standards. 2.01Variance Standard. City Ordinance Section 44-13refers to state statutewhich states a variance may be grantedfrom the requirements of the zoning ordinance when: (1) the variance is inharmony with the general purposes and intentof this ordinance; (2) when thevariance is consistent with the comprehensive plan; and (3) when the applicantestablishes that there are practical difficulties in complying with the ordinance.Practical difficulties mean: (1) the proposed use is reasonable; (2) the need for avariance is caused by circumstances unique to the property, not created by theproperty owner, and not solely based oneconomic conditions; (3) the variance, if granted, will not alter the essential character of the locality. Section 3. Findings. 3.01The variance request meets the required standards for a variance. Section 4. CityReview Process 4.01The City conducted the following review when considering the variance requests. 4.02On July 20, 2021, 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. Theplanning commission recommended that the city council ___________ this resolution. 4.03On August 9, 2021, and on October 11, 2021, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Council Packet Page Number 154 of 253 Attachment 2 Section 5. City Council 5.01The city council hereby _______ the resolution. Approval of the applicationis based on the findings outlined in section 3 of this resolution. __________by the City Council of the City of Maplewood, Minnesota, on October 11, 2021. Council Packet Page Number 155 of 253 Attachment 3 1.7:00 p.m. or later: Variance Resolution, 2010 Edgerton Street North i.Elizabeth Hammond, Planner, gave the report and answered questions of the commission. ii.Bruce Wold and Denise Robinson, property owners, addressed the commission andanswered questions. Chairperson Arbuckleopened the public hearing. 1.Katharine Nelson, 2004 Edgerton Street North, Maplewood, spoke against the proposal. 2.Bob Jones, 650 Belmont Lane, Maplewood, spoke against the proposal. Chairperson Arbuckleclosed the public hearing. Commissioner Yang made a motion to approve a resolution denying a variance request to create a lot 34 feet in width for the property located at 2010 Edgerton Street North. Seconded by Chairperson Arbuckle.Ayes Î Ige Nays Î Arbuckle, Dahm, Eads, Sukolsky,Yang The motion did not pass. This item will go to the city council on August 9, 2021. Council Packet Page Number 156 of 253 Attachment 4 Overview Map - 2010 Edgerton St N June 29, 2021 City of Maplewood Legend 0390 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 157 of 253 Attachment 5 2040 Future Land Use Map - 2010 Edgerton Street North July 8, 2021 City of Maplewood Legend Low Density Residential Medium Density Residential High Density Residential Public/Institutional 0390 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 158 of 253 Attachment 6 Zoning Map - 2010 Edgerton Street North July 7, 2021 City of Maplewood Legend Subject Parcel Single Dwelling (r1) Double Dwelling (r2) Multiple Dwelling (r3) Farm (f) Open Space/Park 0390 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 159 of 253 Attachment 7 Council Packet Page Number 160 of 253 Attachment 7 Council Packet Page Number 161 of 253 I1, Attachment 8 Australian pineSpruceCork treeJapanese lilacWalnut specimenWalnutWalnutAsh Comment City owns 44 ft wide driveway accessShare same 9 ft wide driveway to access lot Trees to be removed 210 in130 in mapleMaple123 in110 in129 in120 in115 in112.5 in 18 in. NumberTrunk DiameterDescription AddressWidth 2010 Arcade St30ft2050 Arcade St26ft2060 Arcade St27ft2144 Arcade St2158 Arcade St9ft Flag and narrow lots half mile from 2010 Edgerton St City Council Meeting October 11, 2021 Location Front yardSide yardBuilding sight Along Edgerton St Flag Lots All lots are on Keller Lake Council Packet Page Number 162 of 253 I1, Attachment 8 Share same 9 ft wide driveway to access lotShare same 9 ft wide driveway to access lot 2160 Arcade St9ft2168 Arcade St9ft2020 Arcade St60ft2048 Arcade St 65ft2112 Arcade St 65ft Lots less than 75 ft All lots are on Keller Lake Information is derived from - https://maps.co.ramsey.mn.us/MapRamsey/ Council Packet Page Number 163 of 253 I1, Attachment 8 Created: 9-25-2021 Denise and Bruce Wold2010 Edgerton St. Comments Rotting portion of trunk, Power lines go through branches - Planning to remove anywayFast growing, too big for area - Planning to remove anyway75% branches are dead - Planning to remove anywayTree leans to the south Council Packet Page Number 164 of 253 I1, Attachment 8 X X X X.X% C01 SHEET NO: \[Location\] of device height 13 BENCHMARK \[Elevation = xxx.xx\] SETBACK WETLAND CONTOUR EASEMENT SILT FENCE TREE REMOVAL PROPERTY LINE SPOT ELEVATION DRAINAGE DIRECTION BITUMINOUS SURFACE LEGEND: Feet GRADING PLAN sack or temporary settling basin (lined dumpster, pit, etc.) with in-line Chitosan sock (or similar mechanism shall be installed at pump inlet and/or outlet to remove sediment. This mayinclude pumping from a perforated barrel lined with a filter fabric, pumping to a sediment filternon-toxic flocculant) and discharge from the surface, or similar filtration mechanism approvedby the City. was determined according to the guidelines of CI/ASCE 38-02, titled ÐStandard Guidelines for theCollection and Depiction of Existing Subsurface Utility Data.Ñ Engineer does not guarantee theaccuracy of utility locations or that all existing utilities are shown; Contractor is responsible for locating utilities prior to digging. worked must be covered with temporary or permanent seed within 14 days. installed to allow for high-flow bypass or overflow to prevent failure during significant rainfall.property, including vehicle tracking. Should sediment be tracked offsite onto adjacent street,Contractor shall sweep at the end of work day.7 days.necessary to keep the intended functional condition.has been reached.blanketed or mulched (or sodded) as soon as practical or within 7 days. Areas not being activelydisturbed areas. Devices shall not back water up on adjacent properties. cover to prevent pollutant discharge (or similarly protected to prevent contact with stormwater).water or cause downstream nuisance conditions of standing water or erosion. regulations, including MN Rule Ch. 7045. 6.1.Discharge dewatering towards street.6.2.Dewatering water shall be inspected for turbidity (cloudy with sediment); if present, filtration6.3.Dewatering must be done to MPCA standards. 2.FEMA floodplain line per topographic survey prepared by Acre Land Surveying.3.Feasible utility connection locations and elevations have not been confirmed.4.Tree preservation plan to be prepared per City Code.5.Retaining walls higher than 4.0' shall be certified by a structural engineer. GENERAL NOTES:1.The subsurface utility location information in this plan is utility quality level D. This utility quality level SEDIMENT CONTROL & TURF RESTORATION NOTES: 2.Contractor is responsible for keeping sediment from discharging toward the lake or leaving the3.Install silt fence or sediment control log around any soil stockpiles that will be present for more than4.Devices shall be inspected weekly and after all rainfall events exceeding 1", and maintained as5.Accumulated sediment shall be removed from sediment control devices when 6.After rough grading is completed, and topsoil spread (4" min.), areas shall be seeded and7.Perimeter sediment controls shall remain in place until vegetation is growing / established in all 1.Perimeter sediment controls shall be installed as indicated prior to site disturbance, and shall be POLLUTION PREVENTION NOTES: 2.Vehicle or equipment washing will not be performed on site.3.All solid waste must be disposed of in accordance with all applicable federal and state regulations.4.All hazardous materials must be properly stored to prevent spills or leaks; dispose per all applicable5.Pesticides, herbicides, fertilizers, cleaners, paints, treatment chemicals, etc., must be stored under6.DEWATERING, if necessary, shall be done in a manner so as to not discharge sediment-laden 1.Concrete washout shall not be permitted onsite, unless done per MPCA standard. 03060 MAX. SLOPE3:1 (H:V) SILT FENCE, MS MAPLEWOOD, MN WOLD RESIDENCE 2010 EDGERTON STREET NORTH APPROX. FEMA 100-YR BOUNDARY 8 Setbacktobackoflot=195 0 9 4 0 9 6 0 9 ) E N O Z E G=916.2 D 8 TF=916.5 A R WO=908.5 RG 0 - E FO PROPOSED FN 9 ( U B ' 5 7 0 0 . 6 1 9 % 0 0 6 .. 5 2 - 1 9 0 1 9 % 3 . 7 - 4 1 9 2 1 9 REMOVE 8 1 9 EXISTING SHED HOME EXISTING 0 2 DATE / REVISION:09-27-2021 Review Set. NOT FOR CONSTRUCTION 9 Setbackfromhousetobackofnewlot=75ft 2 2 9 KEB DMPDMP DESIGNED:DRAWN:CHECKED: 4 % 2 99 . 9 - PROPOSED Y PROPERTY LINE 6 2 09-30-202144573 9 10' SB DATE: LIC. NO.: 5' HOME AS NEC. EXISTING REMOVE WALL DAVID M POGGI I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION, OR REPORT WAS PREPAREDBY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDPROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA. 9 5 . 7 2 9 SETBACK 8 2 5' DRIVEWAY 9 DRIVEWAY PROPOSED 12' 34' TREE REMOVAL (TYP.) 8 12' 2 9 629 PROPOSED PROPERTY LINE CIVIL METHODS, INC.St. Paul, MN 55128o:763.210.5713 | www.civilmethods.com P.O. Box 28038 Grading.dwgC:\\CM\\Civil Methods, Inc\\CMI - Documents\\7. Projects\\0730_2010 Edgerton Street SWM\\08_DRAWINGS AND SPECIFICATIONS\\C3D\\Sheets\\1_ File Loc: Print Date: 9/30/2021 2:22 PM Council Packet Page Number 165 of 253 Attachment 9 Environmental Review Project:Lot Division and Lot Width Variance for a New Single Family House Date of Plans:September 30, 2021 Updated Survey Date of Review:October 5, 2021 Location:2010 Edgerton Street North Reviewer: Shann Finwall, Environmental Planner Project Background:Bruce and Denise Wold are proposing to subdivide their lot at 2010 Edgerton Street. One lot will contain the existing house, and the second lot will be developed with a new single-family house. The lot is located on Lake Oehrlein,adjacent a Manage B wetland, with many significant trees. The development must comply with the CityÓs shoreland, wetland, and tree ordinances. 1.Shoreland Ordinance Ordinance Requirements: Lake Oehrlein is classified as a Class IV Waterin the CityÓs shoreland ordinance. Class IV waters require a 75-foot minimum building setback from the ordinary high water mark. Proposal: The updated survey reflects that the house is setback more than 75-feet to the ordinary high water mark. Recommendation: The development meets the shoreland ordinance requirements. 2.Wetland Ordinance Ordinance Requirements: Lake Oehrlein (the entire lake) is classified as a Manage B wetlandin the CityÓs wetland ordinance. City code requires a 50-foot buffer around a Manage B wetland adjacent a lake. There is no building, grading, or mowing allowed within the wetland buffer. Proposal: The updated survey reflects that there will be no grading within the required 50-foot buffer. Recommendation: The development meets the wetland ordinance requirements. However, to ensure the wetland buffer is maintainedthe applicants must install at least three wetland buffer signsprior to issuance of a grading permit.The City manufactures the signs and charges the applicant a fee of $30 per sign. The signs identify the buffer and that there is no building,grading, or mowing allowed. The signs must be installed at the wetland buffer (50 feet from the ordinary high water mark/wetlandedge). 3.Tree Ordinance Ordinance Requirements: MaplewoodÓs tree preservation ordinance describes a significant tree as a healthy tree with the following species and size criteria: 1) hardwood tree with a minimum of 6 inches in diameter; 2) evergreen tree with a Council Packet Page Number 166 of 253 Attachment 9 minimum of 8 inches in diameter;and 3) 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. Tree replacement is based on a calculation of significant trees located on the site and significant trees removed. Credits are given for all specimen trees that are preserved. The applicant must mitigate tree replacement by planting as many trees (2-inch caliper or larger) on the site as possible. If there is not enough room for all replacement trees, the City can authorize the applicant pay into the CityÓs tree fund at a rate of $60 per caliper inch of replacement tree that cannot be planted on site. Proposal: The new lot is heavily wooded with many significant trees. The updated survey shows the significant trees in the area of development only. Eleven significant trees are proposed to be removed for the development of the driveway and house. Two of the trees are unhealthy. The overall caliper inches of healthy trees to be removed is 117.5. The only way to determine the tree replacement requirements is to review the significant trees located on the entire lot. However,it is likely that no replacement trees would be required because ofthe size and number of remaining significant trees on the lot. The applicants will be working with a qualified professional to update the tree survey for review by the City prior to issuance of a grading permit. Additionally the applicants propose to mill the walnut trees for reuse and plant new trees on the lot. Recommendations:Prior to issuance of a grading permit,the applicant must submit the following: a.Atree survey and protection plan showing: 1)The location, size, and species of all significant trees on the vacant lot. 2)Which of the significant trees will be removed during development. 3)A tree protection plan that identifies how trees being preserved near the development will be protected per the CityÓs tree ordinance and standards. b.A landscape plan showing the location, size, and species of all replacement trees. The number and size of replacement trees must meet the tree replacement requirements. If the applicant cannot replace all replacement trees on the lot, they may pay into the CityÓs tree fund at a rate of $60 per caliper inch of tree that cannot be planted on the lot c.A cash escrow to cover thecost of the replacement trees. Council Packet Page Number 167 of 253 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 168 of 253 For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment High Density Residential / R3Public/InstitutionalLow Density / R1 For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment VarianceVariance For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment e e h h t t f o o t r e e t u c q i a r n a u h s c e l c a ni t a t n s e s m s e u c e r i h c t r e t l a t o n r e n n a m e l b y a t y r n t i e o l p s a o a c r e o rpl For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item I1, Additional Attachment J1 CITY COUNCIL STAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER:Jeff Thomson, Community Development Director AGENDA ITEM: The American Cooperative on Lake Phalen, 1875 East Shore Drive a. Conditional Use Permit for a Shoreland Planned Unit Development, Preliminary Plat and Final Plat Resolution b.Design Review Resolution Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Mick Conlan, of Gramercy Development, is requesting approval to build a 60-unit senior housing cooperative building on vacant land located at 1875 East Shore Drive. The proposed building will be four stories tall with a flat roof, over an enclosed below-grade garage. To move forward with this project, the applicant needs city council approval of a shoreland planned unit development, preliminary plat, final plat and design review. Recommended Action: a. Motion to approve a conditional use permit for a shoreland planned unit development, preliminary plat and final plat resolution for a 60-unit senior housing cooperative building to be constructed at 1875 East Shore Drive. b. Motion to approve a resolution for design review. 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. The city deemed the applicant’s application complete on September 3, 2021. The initial 60-day review deadline for a decision is November 2, 2021. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Council Packet Page Number 169 of 253 J1 Background: Gramercy Developmentis proposing to build a60-unit senior housing cooperativebuilding. The building would be four stories in height. The applicant has requested approval of a shoreland planned unit development, preliminary plat, final plat and design review. 2040 Comprehensive Plan and Zoning This site is guided by the 2040 Comprehensive Plan as High Density Residential which allows up to 25 units per acre. The applicant is requesting approval for a 60-unit senior cooperative housing facility that will sit on 2.14 acres of land. Typically, 2.14 acres of land would allow up to 53 housing units. Section 44-300 of Maplewood’s zoning code provides for density credits that if met allow for additional units to be built on site. The applicant is seeking approval of the following density credits: Underground parking – net acreage may be increased by 300 square feet for each parking space – applicant is proposing 95 underground spaces. High-rise – net acreage for calculating density may be increased by 100 square feet for each dwelling unit above three stories – applicant is proposing 16 units on a fourth floor. The above-described density credits add another 0.69 acres to the site – totaling 2.83 acres. Using the 2.83 acres figure, the applicant would be permitted to build up to 70 units on this site. Therefore, a 60-unit building meets density requirements for this site. The site is zoned R-3, multiple dwelling which permits multiple dwelling buildings. Conditional Use Permit for a Shoreland Planned Unit Development This site is entirely within the Lake Phalen Shoreland Overlay which requires all residential development to be reviewed via a conditional use permit for a planned unit development. Although the site is not located directly adjacent to Lake Phalen, the Shoreland overlay affects all properties within 1,000 feet of a waterbody. The proposed building is approximately 384 feet from the edge of Lake Phalen The planned unit development (PUD) provisions are intended to encourage more efficient use of land, public services and greater amenity by allowing, under certain circumstances, a more flexible means of land development or redevelopment than is otherwise afforded through the strict enforcement of the zoning requirements of certain districts through lot-by-lot development. Although planned unit developments may appear to deviate in certain aspects from a literal interpretation of the zoning and subdivision ordinances, the PUD is intended to allow flexibility in design in order to promote developments that will be an asset to the city by equaling or surpassing the quality of developments resulting from the application of more conventional zoning regulations. Setbacks The proposed building meets all required setbacks. The applicant is seeking setback flexibility for building elements on the east and west sides of the site. There is one area on the northwest corner of the building where a portion of decks will be within 10 feet of the required setback. The affected units themselves will be meeting the 20 foot setback requirement. Also on the west side of the site, there is one area of the drive lane and nine parking spaces that are setback 18 feet instead of the Council Packet Page Number 170 of 253 J1 required 20 feet. Both the referenced decks and parking areas are adjacent to either non-developed land or a nonconforming parking area on the property to the west. Due to these existing conditions and the unique shape of the parcel, staff does not have any concerns allowing setback flexibility on the west side of the building. On the east side of the site, the building again is meeting the required setbacks but the applicant is requesting flexibility to allow for decks and a first-level canopy to be setback 21 feet. Given the larger East Shore Drive right-of-way, staff does not have any concerns allowing setback flexibility for the decks and a first-level canopy on the east side of the building. Building Height The proposed building is four stories and 44’-6 ¾” from finished floor elevation to the top of the roof deck, the overall height is impacted (increased) by the topography change across this site, which includes a 15’+ grade difference between the property line and the center of the site. Average grade increases the overall building height to 53’-8” from average grade to top of the highest parapet. Concrete Patios The applicant is proposing two concrete patio areas. The larger patio area would be located on the east side of the building along East Shore Drive. The patio is centrally located just outside the Club Room within the building allowing events to spill outdoors when weather allows.A second patio, along with a pergola, is proposed on the south portion of the site. City ordinance does not specify setbacks for patios but they would be built within the building setback areas. The larger patio on the east side of the building would come within eight feet of the property line. The patio south of the building would be within 13 feet of the south property line and nine feet of the west and east property lines. The south patio’s pergola is setback 18 feet from the south and east property lines and nine feet from the west property line. East Shore Drive has a larger than typical public right-of-way, meaning there is about 50 feet between the back of the curb of the street to the front property line. Because of this distance, staff is comfortable with the proposed locations of the patios. Open Space The Shoreland ordinance states that planned unit developments must contain at least 50 percent open space. The applicant’s proposed plans do not meet this standard as 60 percent of the site is covered by impervious surface. Staff is comfortable with allowing flexibility from this standard due to the unique shape of the lot, the site’s proximity to regional recreational amenities and conditioning approval on the applicant submitting a stormwater management plan to the City Engineer for review and approval of a 20 percent impervious surface bonus as allowed by the Shoreland ordinance. Preliminary and Final Plat The lot at 1875 East Shore Drive was originally part of the property located directly to the north. When the Shores at Lake Phalen was approved for construction in 2010 the applicant at the time platted the 2.14 acres that would become 1875 East Shore Drive as an outlot. This is a standard development procedure. Now that 1875 East Shore Drive is proposed for development, the city needs to approve a preliminary plat and final plat for this site. The lot meets all minimum subdivision standards and is a developable lot. Council Packet Page Number 171 of 253 J1 Design Review Site Plan The site will be accessed by a single drive to the southeast of the building, off of East Shore Drive. The building is proposed to front East Shore Drive and run along the north boundary of the site. The surface parking lot will be positioned to the south and west of the building. Access to the underground parking garage is on the south side of the building. Building Elevations The proposed building will be four stories tall with a flat roof, over an enclosed below-grade garage. Exterior materials and architectural elements include architectural asphalt shingles, covered decks, aluminum deck railings, dark bronze windows, lap and shake siding as well as panel and batten siding, cultured stone, and architectural colored masonry at any exposed portions of the garage, which will blend with the cultured stone above. All design elements would be attractive and compatible with the existing architecture of the neighborhood. Floor Area City ordinance requires a minimum of 740 square feet for two-bedroom units. Three-bedroom units are required to be at least 860 square feet in size. The applicant’s submittal indicates these minimums will be exceeded. Before any building permits are issued, staff will ensure this requirement continues to be met. Parking The city’s zoning ordinance states multi-family buildings must provide two parking spaces for each unit – with one of the parking spaces being covered. This project requires a total of 120 spaces. This proposed project will have a total of 130 parking spaces, with 95 parking spaces in the underground parking garage and 35 parking spaces in the surface lot. Landscaping and Screening There are 278 significant trees equaling 1,547 diameter inches of trees on the property. The applicant is removing 75 significant trees equaling 819 diameter inches. Several specimen trees are being preserved, for a total of 159 caliper inches. Based on trees removed and trees saved, the applicant must replace 547 caliper inches of trees (273.5 - 2-inch caliper trees). The applicant’s landscape plan includes 145 new trees, for a total of 521.5 caliper inches. This is 25.5 caliper inches short of the required 547 caliper inches. The applicant must either submit a revised landscape plan showing the additional trees or pay into the city’s tree fund. City ordinance requires screening to be installed when light from automobile headlights and other sources would be directed into residential windows – in this case along the southwest property line near the adjacent multi-family building. The ordinance states that minimum screening shall consist of a barrier at least six feet in height which provides a minimum opaqueness of 80 percent. If vegetation is used it must provide year-round screening, otherwise, a fence or combination of the two may be used. The applicant’s plans do not explicitly show how this screening requirement can be met year round. Prior to a building permit being issued, the applicant shall be required to provide a plan showing that the screening requirement is met. Council Packet Page Number 172 of 253 J1 Wetland There is a Manage B wetland located on the parcel to the west. The City’s wetland ordinance requires a 75-foot buffer, or a 50-foot minimum with 75-foot averaging. The applicant’s site and grading plans meet these requirements. Lighting The applicant’s submitted photometric plan exceeds city requirements for light intensity in the southeast corner of the site – near the access drive. A revised photometric plan must be submitted meeting all city requirements. Comprehensive Sign Plan Comprehensive sign plans are required for developments approved as a planned unit development. The requirements for this comprehensive sign plan will be included in the design review resolution included with this report. The applicant’s plans indicate a single 20 square foot monument sign will be constructed. The size meets ordinance requirements. However, the location of the sign is proposed to be within the East Shore Drive right-of-way which will not be permitted. The applicant must submit a revised site plan showing the monument sign meeting the sign ordinance’s location requirements. Department Comments Engineering Please see Jon Jarosch’s engineering report, dated September 9, 2021, attached to this report. Environmental Please see Shann Finwall’s environmental report, dated September 13, 2021, attached to this report. Board and Commission Review September 21, 2021: The community design review board reviewed this project and recommended approval. September 21, 2021: The planning commission held a public hearing, reviewed this project and recommended approval. Citizen Comments Staff surveyed the 20 surrounding property owners within 500 feet of the proposed project area for their opinion about this proposal. Staff received 2 replies. 1. I hope that they follow all the ADA guidelines. Needed items for senior living: a. Backup generators for elevators in case of power outage. b. Handicap doors at entrances. c. Security cameras at all entrances. Council Packet Page Number 173 of 253 J1 d. Two or more unisex handicap bathrooms on the 1st floor near entrances. e. Heated sidewalk at front entrance for winter with handicap curbs for easy entrance. Drop off zone only. f. More than one set of elevators & large ones. g. Security cameras facing all sides of the building & security person to walk the building at night. h. 24/7 maintenance person in case of H2O problems – on rotating schedule on call. i. Would like to see the rooftop patio enlarged for easy access for wheel chairs & motorized scooter/wheelchairs – they take up a lot of space. j. Entrances at night should be monitored by security for safety & walk the perimeter Under grading notes How long is the contractor responsible for grading & maintenance i.e. if the ground settles and causes water collection problem will they fix it? What is the warranty period? Landscaping – why not some spring flowering shrubs? Forsythia, Azalea, Rhododendron, common lilies, hydrangea, hostas. Need some spring bulbs too. Summer perennials. (Loreen Fred, 1849 Adele St N) 2. We represent C.C. Apartments, LLC, which is the owner of the Parkview Court Apartments located at 1880 - 1900 East Shore Drive, Maplewood, which is adjacent to the subject property for the senior housing cooperative development referenced above. Our client has the following concerns regarding the development of the property: a. The grading plan being proposed with the resulting overall height of the proposed building. b. The water retention plan and any runoff impact on our client's property. c. The setbacks that will be adhered to. d. Landscaping planned, particularly in the southern portion of the property where site lines and vehicle headlights would impact the residents in the 1880 building. e. Construction hours permitted, particularly early morning construction that would impact our client's residents. (Steven Opheim, Dudley and Smith, P.A.) Reference Information Site Description Site Size: 2.14 acres Existing Land Use: Vacant Surrounding Land Uses North: Senior Housing Building East: Single-Family Homes and Vacant Land South: East Shore Court and Lake Phalen West: Multi-Family Residential Building Planning Existing Land Use: High Density Residential Existing Zoning: R-3, Multiple Dwelling Council Packet Page Number 174 of 253 J1 Attachments: 1. Conditional Use Permit for a Shoreland Planned Unit Development, Preliminary Plat and Final Plat Resolution 2. Design Review Resolution 3. Overview Map 4. 2040 Land Use Map 5. Zoning Map 6. Wetland Map 7. Applicant Narrative 8. Site Plan 9. Building Renderings 10. Preliminary Plat 11. Engineering Review 12. Environmental Review 13. September 21, 2021, Draft Community Design Review Board Meeting Minutes 14. September 21, 2021, Draft Planning Commission Meeting Minutes 15. Applicant’s Plans, Date-Stamped September 3, 2021 (separate attachments) Council Packet Page Number 175 of 253 J1, Attachment 1 CONDITIONAL USE PERMIT FOR A SHORELAND PLANNED UNIT DEVELOPMENT, PRELIMINARY PLAT AND FINAL PLAT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mick Conlan, of Gramercy Development, has requested approval of a conditional use permit for a shoreland planned unit development. 1.02 The existing lot is currently an outlot and the applicant has requested approval for preliminary plat and final plat in order to develop this property. 1.03 The property is located at 1875 East Shore Drive and is legally described as: PIN: 162922310030 – Outlot A, Shores of Maplewood, Ramsey County, Minnesota. Section 2. Standards. 2.01 City Ordinance Section 44-1242 requires a Conditional Use Permit for a Shoreland Planned Unit Development. 2.02 Shoreland Conditional Use Permit Standards. City Ordinance Sec. 44-1247 states that the City Council must base approval of a Conditional Use Permit within Shoreland areas. 1. There would be no soil erosion or pollution of public waters during or after construction. 2. The proposed plan would limit the visibility of structures from public waters (assuming summer conditions). 3. The types, uses and numbers of any watercraft that the project would generate would be compatible with the capacity of the public waters to handle these watercraft. 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. 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, Council Packet Page Number 176 of 253 J1, Attachment 1 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 City Ordinance Section 34-8 sets the minimum design standards for preliminary plats and final plats. Section 3. Findings. 3.01 The proposal meets the specific conditional use permit standards for a shoreland planned unit development. 3.02 The proposal meets the specific subdivision design standards for a preliminary plat and a final plat. Section 4. City Review Process 4.01 The City conducted the following review when considering the conditional use permit for a planned unit development amendment request. 1. On September 21, 2021, the planning commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve this resolution. 2. On October 11, 2021, 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 design and site plans date-stamped September 3, 2021. The director of community development may approve minor changes. Council Packet Page Number 177 of 253 J1, Attachment 1 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. This approval permits density credits for underground parking and high-rise units adding 0.69 acres to the overall site size. 5. This approval permits the project to build a four-story, 53’-8” tall senior housing cooperative building. All requirements of the fire department must be met in the construction of this building. 6. This approval permits an 18-foot side yard setback for the decks on the southwest corner of the building and the parking lot as shown on the site plan date-stamped September 3, 2021. 7. This approval permits a 21-foot front yard setback for decks and a first-level canopy on the east side of the building as shown on the site plan date-stamped September 3, 2021. 8. This approval permits a concrete patio directly east of the building is permitted to be setback eight feet from the front property line as shown on the site plan date- stamped September 3, 2021. 9. This approval permits a concrete patio and pergola on the south portion of the site is permitted to be setback 13 feet from the south property line and nine feet from the east and west property lines as shown on the site plan date-stamped September 3, 2021. 10. This approval permits a reduction of the 50 percent open space requirement. The applicant shall be required to submit a stormwater management plan to the City Engineer and receive approval for a 20 percent impervious surface bonus as allowed by the shoreland ordinance in order to have 60 percent of the site covered by impervious surface. 11. Prior to the City signing the final plat for recording the applicant must submit the following: a. A plat opinion letter from the city attorney. __________ by the City Council of the City of Maplewood, Minnesota, on October 11, 2021. Council Packet Page Number 178 of 253 J1, Attachment 2 DESIGN REVIEW RESOLUTION Be it resolved by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mick Conlan, of Gramercy Development, has requested approval of a design review. 1.02 The property is located at 1875 East Shore Drive and is legally described as: PIN: 162922310030 – Outlot A, Shores of Maplewood, Ramsey County, Minnesota. 1.03 On September 21, 2021, 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 are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans date-stamped September 3, 2021. Approval is subject to the applicant doing the following: 1. Obtain a conditional use permit for a shoreland planned unit development from the city council for this project. 2. Repeat this review in two years if the city has not issued a building permit for this project. Council Packet Page Number 179 of 253 J1, Attachment 2 3. All requirements of the fire marshal and building official must be met. 4. Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated September 9, 2021. 5. Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes, dated September 13, 2021. 6. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 7. Rooftop vents and equipment shall be located out of view from all sides of the property. 8. A comprehensive sign plan is approved for this project, subject to the following conditions: a. A single monument sign is approved for this site and must meet the requirements of the city’s sign ordinance. The monument sign shall be designed to be consistent with the project’s building materials and colors. b. The monument sign must be located within the property boundaries and meet setback requirements. c. The director of community development may approve minor changes. 9. Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. Submit to staff a screening plan detailing that all ordinance requirements are met in terms of screening on the west side of the property. c. Submit to staff plans for the proposed pergola on the south portion of the site. d. Submit to staff a revised photometric plan meeting all city requirements. 10. 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. Council Packet Page Number 180 of 253 J1, Attachment 2 e. Install all required sidewalks and trails. 11. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to public health, safety or welfare. b. The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12. All work shall follow the approved plans. The director of community development may approve minor changes. __________ by the City Council of the City of Maplewood, Minnesota, on October 11, 2021. Council Packet Page Number 181 of 253 Attachment 3 1875 East Shore Drive North August 25, 2021 City of Maplewood Legend ! I 0490 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 182 of 253 Attachment 4 1875 East Shore Drive North August 25, 2021 City of Maplewood Legend ! I Future Land Use - 2040 Low Density Residential High Density Residential Open Space Park 0490 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 183 of 253 Attachment 5 1875 East Shore Drive North August 25, 2021 City of Maplewood Legend ! I Zoning Single Dwelling (r1) Multiple Dwelling (r3) Farm (f) Open Space/Park 0490 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 184 of 253 Attachment 6 1875 East Shore Drive North August 25, 2021 City of Maplewood Legend ! I Wetlands Manage B Manage C 0490 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 185 of 253 Attachment 7 The American Cooperative on Lake Phalen Project Narrative 8.26.2021 PROJECT TEAM Gramercy Development is excited to present The American Cooperative on Lake Phalen, alongside their selected design and construction partners of Kaas Wilson Architects, Civil Site Group, and Frana Companies. This development, design, and construction team has decades of experience in delivering similar high-quality communities, enhancing the lives of residents. GENERAL PROJECT OVERVIEW The American Cooperative on Lake Phalen is a senior housing cooperative offering 60 premium residences for Members aged 62 and older. Situated with along East Shore Drive near the shore of Lake Phalen, this active adult lifestyle community offers fantastic views of the lake along with the following amenities: Rooftop Terrace with exceptional views of Lake Phalen Club Room with catering kitchen adjoining the outdoor terrace featuring a grilling station and fireplace Billiards room Fitness Studio South Lawn activity space featuring walking paths, socialization nooks, and a pergola Gardening Area Guest Suite Underground heated parking Additional storage for each apartment, on every floor Each residence will include a kitchen featuring a center island and granite countertops overlooking the living room, sunroom dining areas opening to a private balcony or patio, generous storage in bedrooms and laundry rooms, well-appointed bathrooms, and light-filled spaces with great views. The proposed American Cooperative building will be four stories tall with a flat roof, over an enclosed below-grade garage. Exterior materials and architectural elements include architectural asphalt shingles, covered decks, aluminum deck railings, dark bronze windows, lap and shake siding as well as panel and batten siding, cultured stone, and architectural colored masonry at any exposed portions of the garage, which will blend with the cultured stone above. The architectural rhythm and massing, detailing and features are applied equally on all sides of the building, with additional masonry details brought it at the front entry and veranda. Strong architectural elements are combined with the striking contrast of color between the white and navy colored siding, which ties into the dark windows and railings, and variation of warm neutral tones in the stone. Council Packet Page Number 186 of 253 Attachment 7 LANDSCAPE AND SITE FEATURES/AMENITIES Significant landscaping has been proposedaround the building, with enhanced focus at the entrance to the site, front entry of the building, and the veranda patio. Foundation plantings at the building compliment the new tree plantings throughout the site and landscape buffers adjacent to the neighboring properties. Raised gardening beds are available for Members that enjoy the cultivation of flowers and vegetables. A large outdoor terrace will be located on the eastside of the building nestled alongEast Shore Drive. The terrace will host a gas grill, an outdoor fireplace, and a covered seating space. Soft seating and movable table/chair sets will allow for both small and large social gatherings. The patio is centrally located just outside the Club Room allowing events to spill outdoors when weather allows. Due to the irregular shape and sloping topography of the site, stormwater collected in a below ground 101'x42.25' infiltration basin to capture and temporarily store stormwater before allowing it to infiltrate into the soil. PARKING 95 parking stalls (just over 1.5:1 enclosed) are proposed in the below grade garage. The proposed surface parking adds an additional 35 stalls, totaling 130 parking stalls for the project. Kaas Wilson Architects has evaluated parking of several other recently designed and built cooperative buildings. The provided parking ratio of more than 2 stalls per residence is in line with the prevailing average of the cooperative buildings in the analysis, and the design team feels the proposed parking is still adequate for this building type while lessening the impacts to stormwater. PUD FLEXIBILITIES The site is currently zoned R-3. Though this project is a PUD, the requirements of the underlying R- 3B zoning inform the requirements of the PUD. The underlying R-3 zoning calls for a height limitation of 3 stories or 35 feet or less. While the proposed building is 4 stories and 44’-6 ¾” from finished floor elevation to the top of roof deck, the overall height is impacted (increased) by the topography change across this site, which includes a 15’+ grade difference between the property line and the center of the site. Average grade increases the overall building height to 53’-8” from average grade to top of the highest parapet. The underlying zoning also calls for 30’ front yard, 20’ side yard, and 20’ rear yard setbacks, but the setbacks shall increase by two feet for each one foot of building that exceeds twenty-five feet, not to exceed 75 feet. This project proposes a 20’ front yard, 18’ side yard, and 10’ rear yard setbacks. FIRE ACCESS The submitted Fire Access Diagram demonstrates the coverage of the site with provided hydrants, as well as compliance with section 503 of the International Fire Code for fire access. Council Packet Page Number 187 of 253 Attachment 8 100 S 5TH ST, SUITE 1900, MINNEAPOLIS, MN 55402 GRAMERCY DEVELOPMENT COMPANIES DIAGRAM EAST SHORE DRIVE, MAPLEWOOD, MN 55113 REVIEWED BY: C2.0 DESCRIPTION COPYRIGHT CIVIL SITE GROUP INC. ...................................... WB, KBMP, RB c THE AMERICAN COOPERATIVE ON LAKE PHALEN NOTES & VEHICLE DESCRIPTION REVISION SUMMARY ............ DATE 08/20/21CITY SUBMITTAL OVERALL SITE PLAN, ISSUE/SUBMITTAL SUMMARY DATE PROJECT civilsitegroup.com DRAWN BY:PROJECT NUMBER:21199 N R Know what's SITE PLAN LEGEND: SITE LAYOUT NOTES: . M.W "6 ) . c e R r e P ( C V P " 8 PVC 8" ALL SNOW SHALL BE STORED ON-SITE OUTSIDETRASH REMOVAL SHALL OCCUR THROUGH THETRASH ROOM, DUMPSTERS WILL BE HAULEDOUT AT THE TIME OF TRASH PICKUP AND WILLVEHICLES (UPS, FED-EX, USPS). PARKING LOT IN LANDSCAPED AREAS.NOT BE STORED ONSITE.DELIVERIES SHALL OCCUR AT THE FRONTDOOR VIA STANDARD COMMERCIAL DELIVERY SNOW REMOVALTRASH REMOVAL: OPERATIONAL NOTES:DELIVERIES: SITE AREA TABLE: P C R " 5 1 8 " P V C E V I R D ) s e i r E a V R s h s t e d c i c O A W r ( o )f 1 H t9 W n 0 /e 0 S 0 R m 4 e . s c c i a l o E D T b r \] u e 4 P p 1 S \[ A ( A (Per Rec.) E Service 8" DIP Water CITY OF MAPLEWOOD SITE SPECIFIC NOTES: 1 5 " R C P 8" PVC P C R " 5 1 Water Edge of No Building Address: Unassigned PID: 162922310030 (Per Rec.) 6" PVC P C R Sign " 5 1 P C R " P 5 C 1 R " 2 1 Council Packet Page Number 188 of 253 Attachment 9 Council Packet Page Number 189 of 253 Attachment 9 Council Packet Page Number 190 of 253 Attachment 9 Council Packet Page Number 191 of 253 Attachment 9 Council Packet Page Number 192 of 253 Attachment 9 Council Packet Page Number 193 of 253 Attachment 9 Council Packet Page Number 194 of 253 Attachment 9 Council Packet Page Number 195 of 253 Attachment 9 Council Packet Page Number 196 of 253 Attachment 10 100 S Fifth Street No 1900, Minneapolis, MN 55402 Gramercy Development Companies 44565 CLIENT LICENSE NO. Maplewood, Ramsey County, MN 55109 QA/QC V2.0 .CJRS. VICINITY MAP COPYRIGHT 2021 CIVIL SITE GROUP INC. East Shore Drive STATE OF MINNESOTA.c RORY L. SYNSTELIEN REVISION SUMMARY 9-13-2021 ............ PRELIMINARY PLAT THAT I AM A DULY LICENSED LAND DRAWN BY SURVEYOR UNDER THE LAWS OF THE DATEDESCRIPTION I HEREBY CERTIFY THAT THIS SURVEY, DATEN FIELD CREW PROJECT OR UNDER MY DIRECT SUPERVISION ANDUPDATED BY PLAN, OR REPORT WAS PREPARED BY ME REVIEWED BY civilsitegroup.com PROJECT NO.: 21199 CONIFEROUS TREE UTILITY VAULTUTILITY MANHOLEELECTRICAL OUTLETHAND HOLEBOLLARDFLAG POLEFUEL TANKHANDICAP SYMBOLLIGHT POLEMAIL BOXSIGNDECIDUOUS TREEFOUND IRON MONUMENTSET IRON MONUMENTCAST IRON MONUMENT SBSOIL BORING 80 40 TELEPHONE BOXTRAFFIC SIGNAL AIR CONDITIONERCABLE TV BOXGUY WIREGAS METERGAS MANHOLEGAS VALVESEWER CLEAN OUTSANITARY MANHOLESTORM MANHOLECATCH BASINTELEPHONE MANHOLEFIRE CONNECTIONWATER MANHOLEWATER VALVEWELL ELECTRIC MANHOLEELECTRIC TRANSFORMERELECTRICAL METERFIBER/COMM. MANHOLEPOWER POLEROOF DRAINFLARED END SECTIONHYDRANTPOST INDICATOR VALVE 20 N Acres SCALE IN FEET 0 2.140 20 Sq. Ft. or 40 93,199 Linetype & Symbol Legend GASMAINGASMAIN (RECORD)OVERHEAD UTILITIESSANITARY SEWERSANITARY SEWER (RECORD)STORM SEWERSTORM SEWER (RECORD)TELEPHONE LINETELEPHONE LINE (RECORD)WATERMAINWATERMAIN (RECORD)CHAINLINK FENCELINEWOODEN FENCELINEGUARDRAILCONCRETE SURFACEGRAVEL/LANDSCAPE SURFACE ELECTRIC LINEELECTRIC LINE (RECORD)FIBER/COMM. LINEFIBER/COMM. LINE (RECORD)PAVER SURFACEBITUMINOUS SURFACE 9-13-2021 APPLICANT:approximately 80 feet southeast of the northeast property corner. Elevation= 875.96.AREAS:Proposed Lot 1 = This property is contained in Zone X (area determined to be outside the 0.2% annual chance floodplain) per Flood________________________________________________________ PRELIMINARY PLAT GENERAL NOTES PROPERTY DESCRIPTION:OUTLOT A, SHORES OF MAPLEWOOD, Ramsey County, Minnesota.DATE OF PREPARATION:Gramercy Development Companies100 S 5th Street, No. 1900Minneapolis, MN 55402Contact: Kathleen Conlan Joyce612-747-5628 BENCHMARKS:Elevations are based on the NGVD 29 Datum. Site Benchmark is the top nut of the fire hydrant located FLOOD ZONE:Insurance Rate Map, Community Panel No. 27123C0110G, effective date of June 4, 2010.Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.com P C 6" PVC(Per Rec.) R " 5 1 s P eiraV htdiW C R " 5 1 PC R " 51 1 "5 PCR P 5 C 2.1999023 5 R 6 P " 5 P1 C . 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" 3 nk 7 L C m 6 on t C 4 Ur ' ag 9 pn i 3 A d l e ° i y p ru 9 i " o PB 8 6 t ySk S 0 c a 2 li . 4 r 1 0 s C 6. s e eB 5 4g p c i c 6 PAn W i r c" o ift 3 t t s 0 s n ' ei a l 3 m P 2 1x e °s9 " a0 8 7 E 8E0 . 2 0 1 \]4 3 N 4. 0 c. 14 o2 \[ 1 D 1 e rg ea r p a G y r o t g S n i 1 d l i g u n iB t s ik c xi Er B 0 9 .. 1 1 41 4 s u y o a n i Drainage &Utility Easement w e m v ui t r i BD Center ofSec. 16, Twp. 29, Rng. 22 (Cast Iron Monument) 0 0 . 0 P 3 C 1R " 1 2 1 E " 8 3 ' 2 3 ° 98 9 . 8 9 5 N5 W " 3 0 ' 3 Iron Pipew/Cap No. 12294 Found 1/2 Inch 2 ° 7 2 N Edge ofWater N Line of the SW 1/4 ofSec. 16, Twp. 29, Rng. 22(Cast Iron Monument) 3 8 . 4 1 5 1 W " 8 3 ' 2 3 ° 9 8 S PRELIMINARY PLAT: AMERICAN COOPERATIVE ON LAKE PHALEN W 1/4 Corner of Sec. 16, Twp. 29, Rng. 22(Cast Iron Monument) Council Packet Page Number 197 of 253 Attachment 11 Engineering Plan Review PROJECT: Senior Housing Cooperative 1875 East Shore Drive PROJECT NO: 21-25 COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer DATE: 9-9-2021 PLAN SET: Engineering plans dated 8-20-2021 REPORTS: Stormwater management plan dated 8-26-2021 The applicant is proposing to develop a senior housing cooperative facility, offering 60 housing units, at 1875 East Shore Drive. The applicant is requesting a review of the current design. The amount of disturbance on this site is greater than ½ acre. As such, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicant is proposing to meet these requirements via the use of an underground infiltration system. From the information submitted, it appears that the proposed design meets the standard City and Watershed District stormwater management requirements. This site also lies entirely within the Shoreland Overlay District for Lake Phalen. As such, this site is required to meet the additional requirements required per code. Further information is needed to ensure the project meets the additional Shoreland Overlay requirements as is further discussed in this report. 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 Lake Phalen subwatershed along with the Shoreland Overlay District for Lake Phalen as well. The site as proposed is at 60% impervious surface coverage, requiring a 20% bonus above the regularly allowed 40% impervious surface coverage. Staff is supportive of approving a 20% impervious surface coverage bonus if the design includes 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. The applicant is still required to meet the standard volume reduction requirements for the first 40% impervious. Council Packet Page Number 198 of 253 Attachment 11 1)The project shall be submitted to the Ramsey-Washington Metro Watershed District (RWMWD) for review. All conditions of RWMWD shall be met. 2)A joint storm water maintenance agreement shall be prepared and signed by the owner for the proposed filtration basin, infiltration basins, pretreatment devices, and underground detention system. The Owner shall submit a signed copy of the joint storm- water maintenance agreement with the RWMWD to the City. 3)The lowest floor elevation (LFE) of the proposed building shall be set at least 1-foot above the designated emergency overflow elevation. 4)The building storm sewer system is shown to be connected to the underground infiltration system at an invert elevation below the 100-Year high-water level. During larger, or back-to-back storm events, it is likely that the system will exceed the elevation of this building storm sewer invert. The applicant shall provide additional information detailing how the system will prevent flooding of the building in these instances. 5)Two catch-basins are shown to drain a large portion of the site. The applicant shall review the inlet capacity of this system to ensure it has adequate capacity for the contributing drainage area. Grading and Erosion Control 6)An existing low-point near the southeast corner of the property is shown to be filled in as part of the overall project. This low-point currently accepts runoff from an area near an entry door to the adjacent properties building. The applicant shall review the design and revise as necessary to ensure a drainage issue is not created at the adjacent building entrance. 7)All slopes shall be 3H:1V or flatter. 8)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. 9)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 10)Given the larger drainage area and steeper slopes onsite, perimeter erosion control shall consist of heavy-duty wire-mesh backed silt fencing or approved equal. 11)All pedestrian facilities shall be ADA compliant. 12)The total grading volume (cut/fill) shall be noted on the plans. Council Packet Page Number 199 of 253 Attachment 11 13)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. Sanitary Sewer and Water Service 14)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. 15)All modifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 16)All new sanitary sewer service piping shall be schedule 40 PVC or SDR35 or approved equal. Other 17)The applicant shall provide a self-renewing letter of credit or cash escrow in the amount of 125% of the proposed site improvements including earthwork, grading, erosion control, site vegetation establishment, aggregate base, and paving. 18)The proposed retaining walls will require a structurally engineered design and a permit from the Maplewood Building Department. 19)The applicant shall review the proximity of the retaining wall along the westerly property line to ensure it can be constructed as shown given its close proximity to the property line. 20)All construction activity within the right-of-way along East Shore Drive requires a City right-of-way permit. The right-of-way shall be restored per the right-of-way ordinance. 21)Soil borings shall be submitted to verify infiltration rates detailed in the Stormwater Management Report. 22)The layout for the site makes winter snow-storage difficult. The applicant shall detail how winter maintenance is proposed to be accommodated. Pushing snow over the retaining wall to the south is not allowed. 23)It should be noted that this site may contain existing buried pipes, structures, and tanks from previous developments. Please contact the Maplewood Engineering Department if further information is required. Council Packet Page Number 200 of 253 Attachment 11 Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 24)Right-of-way permit 25)Grading and erosion control permit 26)Storm Sewer Permit 27)Sanitary Sewer Permit -END COMMENTS - Council Packet Page Number 201 of 253 Attachment 12 Environmental Review Project: 60 Unit Senior Housing Cooperative Date of Plans: 8/20/21 - Tree inventory and Removal Plan and Landscape Plan Date of Review: 9/13/21 Location: 1875 East Shore Drive Reviewer: Shann Finwall, Environmental Planner Project Background: Sixty-unit senior housing cooperative for members aged 62 and older. The site is located in the Shoreland Overlay District for Phalen Lake with significant trees adjacent a Manage B wetland. The development must comply with the City’s shoreland overlay district, tree, and wetland ordinances. In addition, all multi-family properties are covered by the City’s recycling program. 1.Shoreland Overlay District: a.Impervious Surface: 1)Requirements: Phalen Lake is a Class 3 Public Water. The Shoreland Overlay District for a Class 3 Public Water allows for 40 percent impervious surface coverage for an apartment complex, and up to 60 percent with stormwater management bonuses as follows: a)The developer or owner shall provide and maintain significant manmade facilities for reducing stormwater flow or the treatment of runoff for non-point-source water pollutants to qualify for an impervious surface area bonus. b)The city engineer shall determine whether a proposed management practice is adequate to warrant a bonus. The city engineer shall forward a copy of proposed bonuses to the state department of natural resources for its comments. 2)Proposal: The parcel is 93,199 square feet in area, or 2.14 acres. The impervious surface area including the building, parking lot, and sidewalks will cover 55,999 square feet, or 1.29 acres. The overall impervious surface area encompasses 60 percent of the parcel, which requires a 20 percent impervious surface bonus. 3)Recommendations: The applicant must submit a stormwater management plan to the City engineer for review and approval of the 20 percent impervious surface bonus. Council Packet Page Number 202 of 253 Attachment 12 b.Conditional Use Permit and Planned Unit Development Standards: 1)Requirements: The Shoreland ordinance states that the proposed plan should limit the visibility of structures from public waters (assuming summer conditions); and that planned unit developments must contain at least 50 percent open space. Open space must not include structures, roads, or parking areas. 2)Proposal: In order to determine if the development limits the visibility of structures from public waters, the City must review an elevation of the structure and landscaping from the perspective of the center of the lake. It does not appear the development meets the 50 percent open space requirement. As outlined in the impervious surface coverage section above, 60 percent of the site is covered by impervious surface, leaving 40 percent as open space. 3)Recommendations: a)The applicant must submit an elevation of the structure and landscaping from the perspective of the center of the lake. The elevation must demonstrate how the applicant will limit visibility of the structure from the public water during summer conditions. b)The applicant must modify the development to ensure 50 percent open space, or alternatively the City must allow flexibility from this provision in the planned unit development. 2.Trees: a.Requirements: Maplewood’s tree preservation ordinance describes a significant tree as a healthy tree with the following species and size criteria: 1) hardwood tree with a minimum of 6 inches in diameter; 2) evergreen tree with a minimum of 8 inches in diameter; and 3) 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. Tree replacement is based on a calculation of significant trees located on the site and significant trees removed. Credits are given for all specimen trees that are preserved. The applicant must mitigate tree replacement by planting as many trees (2-inch caliper or larger) on the site as possible. If there is not enough room for all replacement trees, the City can authorize the applicant pay into the City’s tree fund at a rate of $60 per caliper inch of replacement tree that cannot be planted on site. b.Proposal: There are 278 significant trees equaling 1,547 diameter inches of trees on the property. The applicant is removing 75 significant trees equaling 819 diameter inches. Several specimen trees are being preserved, for a total of 159 caliper inches. Based on trees removed and trees saved, the applicant must replace 547 caliper inches of trees (273.5 - 2-inch caliper trees). Council Packet Page Number 203 of 253 Attachment 12 The applicant’s landscape plan includes 145 new trees, for a total of 521.5 caliper inches. This is 25.5 caliper inches short of the required 547 caliper inches. Twenty-five of the trees are proposed to be planted in the right-of-way. c.Recommendations: 1)Prior to issuance of a grading permit the applicant must submit the following: a)A revised landscape plan showing an additional 25.5 caliper inches of trees; or b)A tree fund payment of $1,530 ($60 x 25.5); and c)A tree protection plan that identifies how trees being preserved near the development will be protected per the City’s tree ordinance and standards; and d)Tree maintenance agreement to ensure all trees planted in the right-of-way are maintained by the property; and e)A cash escrow or letter of credit to cover the cost of the replacement trees. 3.Wetland: a.Requirements: There is a Manage B wetland located on the parcel to the west. The City’s wetland ordinance requires a 75-foot buffer, or a 50-foot minimum with 75-foot averaging. No building, grading, or mowing is allowed in the buffer. The ordinance allows flexibility to average the buffer for the following reasons: 1)Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. 2)Size of parcel. 3)Configuration of existing roads and utilities. 4)Percentage of parcel covered by wetland. 5)Configuration of wetlands on the parcel. 6)Averaging will not cause degradation of the wetland or stream. 7)Averaging will ensure the protection or enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. Council Packet Page Number 204 of 253 Attachment 12 8)A wetland buffer mitigation plan is required for construction of development projects that will require averaging. In reviewing the mitigation plan, the city may require one or more of the following actions: a)Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. b)Rectifying the impact by repairing, rehabilitating, or restoring the buffer. c)Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. d)Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. e)Monitoring the impact and taking appropriate corrective measures. f)Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. g)Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. h)A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150 percent of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. b.Proposal: The development will have grading to the edge of the 50-foot wetland buffer, and the building will be setback 50 feet from the wetland. c.Recommendations: The applicant must submit a wetland buffer averaging plan which identifies where the wetland buffer will be increased to ensure mitigation of the averaged 50-foot buffer encroachment. 4.Recycling: Maplewood’s solid waste ordinance requires all multiple-family properties with more than four units to be included in the City’s recycling program. The City’s recycling contractor supplies the carts or dumpsters. The City's recycling fee is invoiced to multiple-family dwellings on a per unit, per monthly fee basis with their water and sanitary sewer bills. Council Packet Page Number 205 of 253 Attachment 13 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 21, 2021 5:00 P.M. E.NEW BUSINESS 1.Design Review, The American Cooperative on Lake Phalen, 1875 East Shore Drive i.Michael Martin, Assistant Community Development Director, gave the report on the Design Review for The American Cooperative on Lake Phalen, 1875 East Shore Drive. ii.Mick Conlan, Gramercy Development Companies, addressed the board and answered questions. iii.Matt Pavek, Civil Site Group, addressed the board and answered questions. iv.Mindy Michael, Kaas Wilson Architects, addressed the board and answered questions. Boardmember Lamers made a motion to approve the plans date stamped September 3, 2021, section 3.01 items 1-12 as proposed by city staff. 1.Obtain a conditional use permit for a shoreland planned unit development from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All requirements of the fire marshal and building official must be met. 4.Satisfy the requirements set forth in the engineering review authored by Jon Jarosch, dated September 9, 2021. 5.Satisfy the requirements set forth in the environmental review authored by Shann Finwall and Carole Gernes, dated September 13, 2021. 6.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 7.Rooftop vents and equipment shall be located out of view from all sides of the property. 8.A comprehensive sign plan is approved for this project, subject to the following conditions: a.A single monument sign is approved for this site and must meet the requirements of the city’s sign ordinance. The monument sign shall be designed to be consistent with the project’s building materials and colors. b.The monument sign must be located within the property boundaries and meet setback requirements. Council Packet Page Number 206 of 253 Attachment 13 c.The director of community development may approve minor changes. 9.Prior to the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.Submit to staff a screening plan detailing that all ordinance requirements are met in terms of screening on the west side of the property. c.Submit to staff plans for the proposed pergola on the south portion of the site. d.Submit to staff a revised photometric plan meeting all city requirements. 10.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 lots 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.Install all required sidewalks and trails. 11.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 12.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Boardmember Shankar. Ayes - All The motion passed. Council Packet Page Number 207 of 253 Attachment 14 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 21, 2021 7:00 P.M. E.PUBLIC HEARING 1.The American Cooperative on Lake Phalen, 1875 East Shore Drive a.Conditional Use Permit for a Shoreland Planned Unit Development Resolution b.Preliminary Plat and Final Plat Resolution Mick Conlan, Gramercy Development Companies, addressed the commission and answered questions. Chairperson Arbuckle opened the public hearing. Steven Opine, Dudley & Smith, attorney for CC Apartments LLC spoke. Chairperson Arbuckle closed the public hearing. Commissioner Sukolsky made a motion to approve a Conditional Use Permit for a Shoreland Planned Unit Development Resolution for a 60 unit housing cooperative building at 1875 East Shore Drive. Seconded by Commissioner Desai. Ayes – All The motion passed. Commissioner Sukolsky made a motion to approve a Preliminary Plat and Final Plat Resolution for a 60 unit housing cooperative building at 1875 East Shore Drive. Seconded by Commissioner Desai. Ayes – All The motion passed. Council Packet Page Number 208 of 253 For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment For the permanent record: Meeting Date: 10/12/2021 Agenda Item J1, Additional Attachment J2 CITY COUNCILSTAFF REPORT Meeting Date October 11, 2021 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Jeff Thomson, Community Development Director AGENDA ITEM: Ordinance Amendment for Dynamic Display Signs Ordinance Amendment to Chapter 44, Zoning, Revising Standards for Dynamic Display Signs Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) Action Requested: Motion Discussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: In August, Independent School District 622 requested that school district buildings and sites zoned R1, single dwelling be allowed dynamic LED display signs. Staff brought the request to the planning commission for discussion at the regular meeting on August 17, 2021. The commission directed staff to prepare an ordinance that would allow for dynamic display signs for institutional uses. A draft ordinance is attached for consideration. Recommended Action: a.Motion to approve the ordinance amending city code chapter 44 zoning, article lll. sign regulations, relating to dynamic display signs for institutional uses within the City of Maplewood. b.Motion to approve the resolution authorizing publication of the ordinance by title and summary. 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 SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The city deemed the application complete on August 4, 2021. The initial 60-day review deadline is October 3, 2021. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. In order to allow Council Packet Page Number 209 of 253 J2 the city council sufficient time to respond to the planning commission’s recommendation, the review deadline has been extended to December 2nd, 2021. Background: ISD 622 submitted a request to allow dynamic displays on school property, located within the R1, single dwelling residential zoning district. Currently, the city’s code does not permit dynamic displays in residential districts. The current sign code governing dynamic displays defines dynamic display signs as: Any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCD), or other technologies used in commercially available televisions or computer monitors. Dynamic display signs are permitted in the BC (business commercial), BC-M (business commercial modified), M-1 (light manufacturing), and M-2 (heavy manufacturing) zoning districts. The city’s last update to the sign code was in 2010. Over the years, the city has received requests from educational and religious facilities to install these types of signs in residential areas. Prior to the school district’s request, the city hadn’t received a formal land use request to change the zoning code. Board and Commission Review: August 17, 2021 (Planning Commission): Staff prepared a report to the planning commission that included Maplewood’s existing sign code language as it relates to dynamic displays, and the code regulations from six (6) surrounding suburban cities: Oakdale, Richfield, Roseville, Vadnais Heights, White Bear Lake, and Columbia Heights. Staff led a discussion with the planning commission to get input on whether or not the commission desired to amend our existing sign code regulations as it pertains to dynamic displays. After the discussion, the planning commission directed staff to prepare a draft ordinance for review, which would allow dynamic display signs for institutional uses in residential areas, but with certain key standards addressed. The primary areas of regulation the commission brought up were concerning sound, size, setbacks, time of display and brightness. Staff prepared a draft ordinance for consideration that addressed the items brought up by the commission. A public hearing notice was published on September 9, 2021 in the Pioneer Press. The most significant change that will result from the proposed amendment is that dynamic display signs will now be permitted for all institutional properties throughout the City, when certain standards are achieved on the property. All applications for a dynamic LED display sign on institutional property requires notification to adjacent property owners within 350 feet of the property where the sign in proposed, and review and approval by the City’s Community Design Review Board). The proposed ordinance amendment is attached for consideration. Below are some of the primary areas of regulation: Dynamic Display signs require approval of a comprehensive sign plan. All properties within 350 feet of a proposed dynamic display sign shall be notified of the application for a comprehensive sign plan. Dynamic display signs are only permitted on monument signs. The area around the base of the sign shall be landscaped. One dynamic display sign as part of a monument sign is permitted for each property. The entire monument sign cannot exceed 8 feet in height and 50 square feet in size. Council Packet Page Number 210 of 253 J2 The digital display portion of the sign may not comprise more than 50% of the sign area. The remainder of the sign must not have the capability to have a dynamic display. All monument signs with a digital display shall maintain at least a ten-foot setback from any lot line and shall not be placed in a public right-of-way. This setback shall be increased to 20 feet if the adjacent property is used or shown on the city's land use plan for residential use. The images and messages displayed must be static, and the transition from one display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. No portion of the images may flash, scroll, twirl, change color, or in any manner imitate movement. The dynamic display may not change more often than 30 seconds for date, time and temperature. All other messages must be displayed for at least two minutes. The dynamic display cannot be illuminated between 10:00 pm and 6:00 am. September 21, 2021 (Community Design Review Board and Planning Commission): The community design review board reviewed and discussed the ordinance, and unanimously approved the ordinance. Later that evening, the planning commission held a formal public hearing, reviewed the draft ordinance and unanimously approved the ordinance. Attachments: 1.Draft Ordinance 2.Resolution Authorizing Publication of the Ordinance by Title and Summary 3.Institutional Properties - Land Use Map 4.August 17, 2021, Planning Commission Meeting Minutes 5.September 21, 2021, Community Design Review Board Meeting Minutes 6.September 21, 2021, Planning Commission Meeting Minutes Council Packet Page Number 211 of 253 Attachment 1 ORDINANCE NO. _____ AN ORDIANCE AMENDING CITY CODE CHAPTER 44 ZONING, ARTICLE III. SIGN REGULATIONS, RELATING TO DYNAMIC DISPLAY SIGNSFOR INSTITUTIONAL USESWITHIN THE CITY OF MAPLEWOOD The Maplewood City Council ordains as follows: Section I. Section 44-732is amended by adding subsection9 (additions are underlined): Sec. 44-732. - Comprehensive sign and mural plans. (9)All permitted institutional or public uses. Section II. Section 44-733 is amended by adding the following definition (additions are underlined): Sec. 44-733.-Definitions. Institutional or public uses means uses such as public schools, fire stations, libraries, water system facilities, religious institutions, cemeteries, private schools, and other City, County, and State-used and owned properties. Section III. Section 44-742 is amended by adding subsections b(7) and c(8) to read as follows (additions are underlined): Sec. 44-742. - Permitted signs in land use and zoning districts. (b)Signs in residential zoning districts (Districts R-1, R-1R, R-S, R-E, R-2, R-3 and all subsequent residential zoning districts adopted after the date of this article).All signs require a sign permit unless otherwise noted. (7)On-site dynamic display signs for permitted institutional or public uses. (Refer to section 44-743- dynamic display signs). (c)Signs in the LBC (limited business commercial), CO (commercial office), and NC (neighborhood commercial) zoning districts.All signs require a sign permit unless otherwise noted. (8)On-site dynamic display signs for permitted institutional or public uses. (Refer to section 44-743- dynamic display signs). Section IV. Section 443-743 (c) and (d) are amended and subsection (k) is added to read as follows (additions are underlined and deletions are crossed out): (c)Standards for dynamic display signslocated in the business commercial (BC) or heavy or lightindustrial(M-2 and M-1) zoning districts: ** Council Packet Page Number 212 of 253 Attachment 1 (d)On-site dynamic display signs.On-site dynamic display signs located in the business commercial (BC) or heavy or light industrial (M-2 and M-1) zoning districts are allowed subject to the following conditions: (1)The images and messages displayed on the on-site dynamic display sign must be static and each display must be maintained for a minimum of two minutes; and the transition from one static display to another must be instantaneous without any special effects. (2)Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. (3)Must be located at least 200 feet from any property where there are structures used for residential purposes or from any park or open space land use district. (4)Must be located at least 100 feet from any side property line. (5)Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. (k)On-site dynamic display signs are permitted in zoning districts when in conjunction with a permitted institutional or public use, subject to the following conditions: (1)Dynamic Display signs require approval of a comprehensive sign plan. (2)All properties within 350 feet of a proposed dynamic display sign shall be notified of the application for a comprehensive sign plan. (3)Dynamic display signs are only permitted on monument signs. The area around the base of the sign shall be landscaped. (4)One dynamic display sign as part of a monument sign is permitted for each property. The entire monument sign cannot exceed 8 feet in height and 50 square feet in size. (5)The digital display portion of the sign may not comprise more than 50% of the sign area. The remainder of the sign must not have the capability to have a dynamic display. (6)All monument signs with a digital display shall maintain at least a ten-foot setback from any lot line and shall not be placed in a public right-of-way. This setback shall be increased to 20 feet if the adjacent property is used or shown on the city's land use plan for residential use. (7)The images and messages displayed must be static, and the transition from one display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. No portion of the images may flash, scroll, twirl, change color, or in any manner imitate movement. (8)Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (9)The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to anyother sign. Council Packet Page Number 213 of 253 Attachment 1 (10)The sign must be designed and equipped with a means to immediately discontinue the display if a malfunction occurs. (11)The dynamic display may not change more often than 30 seconds for date, time and temperature. All other messages must be displayed for at least two minutes. (12)Only one, contiguous dynamic display area is allowed on a sign face. (13)Audio speakers or any audio component is prohibited. The sign may not emit any sound. (14)The dynamic display cannot be illuminated between 10:00 pm and 6:00 am. (15)Dynamic displays must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between a 1/2-hour before sunset and a 1/2-hour after sunrise. Section V. This ordinance shall be effective following its adoption and publication. Approved by the City Council of the City of Maplewood on _____________________. Signed: ______________________________________________________________ MaryleeAbrams, MayorDate Attest: _______________________________________________________________ Andrea Sindt, City ClerkDate Council Packet Page Number 214 of 253 Attachment 2 CITY OF MAPLEWOOD RESOLUTION NO. ______ RESOLUTION AUTHORIZING PUBLICATION OFORD. NO. ____BY TITLE AND SUMMARY WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No.____, an ordinance amending City Code Chapter 44 Zoning, Article lll. Sign Regulations,relating to dynamic display signs for institutional uses within the City of Maplewood; and WHEREAS, MinnesotaStatutes, §412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinanceis severalpages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the publicof the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. ___tobe published in the official newspaper in lieu of the entire ordinance: Public Notice TheMaplewood City Council has adopted Ordinance No. ___,amending the cityÓs sign code. The most significant change that will result from the proposed amendment is that dynamic LED display signs will now be permitted for all institutional properties throughout the City, when certain standards are achieved on the property. The primary areas ofregulationin the ordinance pertain to sound, sizeof the overall sign and size of the dynamic LED display portion of the sign, setbacks, time of display and brightness.All applications for a dynamic LED display sign on institutional property requires notification to adjacent property owners within 350 feet of the property where the sign in proposed, and reviewand approval by the CityÓs Community Design Review Board. Andrea Sindt, City Clerk BE IT FURTHER RESOLVED by the City Council of the City of Maplewood thatafull copy of the ordinance is available in the office of the City Clerk at city hall for public inspection.This ordinance shall be effective upon adoption and publication. th ___________by the Maplewood City Council this 11day of October, 2021. Marylee Abrams,Mayor ATTEST: Andrea Sindt, City Clerk Council Packet Page Number 215 of 253 2040 Future Land Use - Institutional Designation City of MaplewoodAugust 2021 LakeOwasso Kohlman'sKohKoKKKKKKKKKoKKKKoKKKKoohohohhlhlhlhhlmammamammmanannsn's's LakeLakLLLLLakkekkekkkkee GervaisLakeakakeakkekekkkkkkkkkkkkkee McCarron Lake r e v i R i p p i s s i s s i M Source: Ramsey County, Esri M Attachment 4 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, AUGUST 17, 2021 7:00 P.M. F.NEW BUSINESS 1.Zoning Code Text Amendment, Dynamic LED Signs i.Elizabeth Hammond, Planner, gave the report and answered questionsof the commission. This item was presented for discussion and will come before the commission at a future meeting as a public hearing. ii.Randy Anderson, ISD 622, addressed the commission and answered questions. iii.Sal Bagley, Wold Architects & Engineers, addressed the commission and answered questions. August 17, 2021 1 Planning CommissionMeetingMinutes Council Packet Page Number 217 of 253 Attachment 5 MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 21, 2021 5:00 P.M. E.NEW BUSINESS 1.Zoning Code Text Amendment, Dynamic LED Signs i.Planner,Elizabeth Hammondgave the report on amending the Zoning Code Text. ii.Sal Bagley,Wold Architects on behalf of ISD 622, was present to answer questions of the board. BoardmemberLamersmade a motionto approve the draft ordinance amending the cityÓs sign code. Seconded by BoardmemberShankar.Ayes - All The motion passed. This item will go before the city council on October 11, 2021. September 21, 2021 Community Design Review Board Meeting Minutes 1 Council Packet Page Number 218 of 253 Attachment 6 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, SEPTEMBER 21, 2021 7:00 P.M. E.PUBLIC HEARING 1.Zoning Code Text Amendment, Dynamic LED Signs Chairperson Arbuckle opened the public hearing. Sal Bagley, of Wold Architects on behalf of ISD 622, spoke. Chairperson Arbuckle closed the public hearing. Commissioner Eads made a motion to approve the draft ordinance amending the cityÓs sign code. Seconded by Commissioner Sukolsky.Ayes Î Arbuckle, Desai, Eads, Sukolsky The motion passed. This item will go to the city council on October 11, 2021. September 21, 2021 1 Planning CommissionMeetingMinutes Council Packet Page Number 219 of 253 For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment For the permanent record: Meeting Date: 10/11/2021 Agenda Item J2, Additional Attachment J3 Council Packet Page Number 220 of 253 J3 Council Packet Page Number 221 of 253 J3, Attachment 1 Council Packet Page Number 222 of 253 J3, Attachment 1 Council Packet Page Number 223 of 253 J3, Attachment 2 Council Packet Page Number 224 of 253 J3, Attachment 2 Council Packet Page Number 225 of 253 J3, Attachment 2 Council Packet Page Number 226 of 253 J3, Attachment 2 Council Packet Page Number 227 of 253 J3, Attachment 3 Council Packet Page Number 228 of 253 J3, Attachment 3 Council Packet Page Number 229 of 253 J3, Attachment 3 Council Packet Page Number 230 of 253 J3, Attachment 3 Council Packet Page Number 231 of 253 J3, Attachment 3 Council Packet Page Number 232 of 253 J3, Attachment 3 Council Packet Page Number 233 of 253 J3, Attachment 3 Council Packet Page Number 234 of 253 J3, Attachment 3 Council Packet Page Number 235 of 253 J3, Attachment 3 Council Packet Page Number 236 of 253 J3, Attachment 3 Council Packet Page Number 237 of 253 J3, Attachment 3 Council Packet Page Number 238 of 253 J3, Attachment 3 Council Packet Page Number 239 of 253 J3, Attachment 3 Council Packet Page Number 240 of 253 J3, Attachment 3 Council Packet Page Number 241 of 253 J3, Attachment 3 Council Packet Page Number 242 of 253 J3, Attachment 3 Council Packet Page Number 243 of 253 J3, Attachment 3 Council Packet Page Number 244 of 253 J3, Attachment 3 Council Packet Page Number 245 of 253 J3, Attachment 3 Council Packet Page Number 246 of 253 J3, Attachment 3 Council Packet Page Number 247 of 253 J3, Attachment 3 Council Packet Page Number 248 of 253 J3, Attachment 3 Council Packet Page Number 249 of 253 J3, Attachment 3 Council Packet Page Number 250 of 253 J3, Attachment 3 Council Packet Page Number 251 of 253 J3, Attachment 3 Council Packet Page Number 252 of 253 J3, Attachment 4 Council Packet Page Number 253 of 253