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HomeMy WebLinkAbout2023-02-27 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 27, 2023 City Hall, Council Chambers Meeting No. 04-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. February 13, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Swearing-In Ceremony for Six Police Officers 4. Strategic Plan Update for Fourth Quarter 2022 5. Resolution of Appreciation for MAC Member Steve Langdon 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. Resolution Approving 2023 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees 3. 2023 Master Group Contract for Medica Insurance Company 4. Conditional Use Permit Review, Used Auto Sales, 1955 County Road D East 5. Conditional Use Permit Review, Ridge Periodontics, 3033 Hazelwood Street North 6. Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East 7. Resolution Approving Land Exchange Agreement with Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota for the Exchange of 1900 Clarence Street North and the Surface Parking Lot Adjacent to 1375 Frost Avenue 8. Resolution Directing Final Payment and Acceptance of Project, Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08 9. Massage Center License for Shun Kang Massage, LLC, 1700 Rice St N H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. 1. Myrtle-Sterling Area Street Improvements, City Project 22-16 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) 2. Woodlynn-Southlawn Area Street Improvements, City Project 22-17 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) I. UNFINISHED BUSINESS None J. NEW BUSINESS None K. AWARD OF BIDS 1. Resolution Receiving Bids and Awarding Construction Contract, Goodrich Park Improvements L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 13, 2023 City Hall, Council Chambers Meeting No. 03-23 A.CALL TO ORDER A meeting of the City Council was held in the City HallCouncil Chambersand was called to order at7:00p.m. byMayor Abrams. Mayor Abrams introduced Boy Scout Troop 9060, which meets at Lutheran Church of Peace, and reported meeting with the troop and inviting them to the council meeting. B.PLEDGE OF ALLEGIANCE The following BoyScout Troop 9060 members let the council in the pledge of allegiance: Max Lutz, Kevin David, Ritham Podaralla, Jonah Wrich, Albert Wright, Joseph “JB” Ketter, Charlie Buran, Keng Thao, Oskar Kleiter, Cha Zong Vang, with leaders: Brian Wright, David Menier, David John, & Christopher Lutz. C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to Council Presentations: Highlights from the Maplewood Living Purple Line meeting with Met Council MAC Member CouncilmemberJuenemannmoved to approve the agenda as amended. Seconded by CouncilmemberLee Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.January 23, 2023 City CouncilWorkshop Meeting Minutes CouncilmemberCavemoved to approve the January 23, 2023 City CouncilWorkshop MeetingMinutes assubmitted. Seconded by CouncilmemberJuenemannAyes – All February 13, 2023 City Council Meeting Minutes 1 Council Packet Page Number 1 of 198 E1 The motion passed. 2.January 23, 2023 City Council Meeting Minutes vemoved to approve the January 23, 2023 City CouncilMeetingMinutes CouncilmemberCa assubmitted. Seconded by Councilmember LeeAyes – 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 Highlights from the Maplewood Living Councilmember Juenemann highlighted the Maplewood Living articles on the Arbor Day tree sale, closing of thecitymedicine collectionbox and alternative sites, and the winter gnome challengetaking place at the Nature Center. Purple Line meeting with Met Council Councilmember Juenemannshared her thoughts on the meeting with the Met Council regarding the Purple Line. MAC Member Councilmember Lee reported MAC member Steve Langdon is stepping down and requested a resolution of appreciation. 3.Resolution for Commissioner Appointments City Manager Coleman gave the staff report. annmoved to approve the resolution to appoint the candidates to the CouncilmemberJuenem commission as indicated below. Resolution 23-02-2168 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be appointed to the following commission or board: Environmental & Natural Resources Commission(two openings) February 13, 2023 City Council Meeting Minutes 2 Council Packet Page Number 2 of 198 E1 Nancy Edwards term expires September 30, 2026 David Lates term expires September 30, 2025 Seconded by CouncilmemberCave Ayes – All The motion passed. 4.Housing and Economic Development CommissionNext Steps City Manager Coleman gave the staff report. City Attorney Batty and Community Development Director Parr provided additional information. Council consensus wasto move forward with decommissioning theHEDC. No action required. 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. Agenda item G3 a. was pulled for a separate vote. CouncilmemberCavemoved toapprove agenda items G1, G2, G3 b, c, d, & G4-G9. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1.Approval of Claims vemoved to approve the approval of claims. CouncilmemberCa ACCOUNTS PAYABLE: $ 2,143,831.80 Checks # 110331 thru # 110353 dated 1/20/23 $ 128,297.27 Checks # 110354 thru # 110380 dated 1/24/23 $ 931,037.90 Checks # 110381 thru # 110402 dated 1/31/23 $ 155,471.57 Checks # 110403 thru # 110429 dated 2/07/23 $ 4,045,050.20 Disbursements via debits to checking account dated 01/16/23 thru 02/05/23 February 13, 2023 City Council Meeting Minutes 3 Council Packet Page Number 3 of 198 E1 $ 7,403,688.74 Total Accounts Payable PAYROLL $ 808,141.73 Payroll Checks and Direct Deposits dated 1/20/23 $ 663,299.68 Payroll Checks and Direct Deposits dated 2/03/23 $ 1,471,441.41 Total Payroll $ 8,875,130.15 GRAND TOTAL Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.Local Lawful Gambling Permit for Knights of Columbus #4374, 1695 Kennard Street CouncilmemberCavemoved to approve the Local Lawful Gambling permit for Knights of Columbus #4374 for their event on March 25, 2023. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 3.Collective Bargaining Agreements a.AFSCME (2023 – 2025) b.MSA (2023 – 2025) c.IAFF Fire Fighters (2022 – 2024) d.LELS Local 173 Police Sergeants (2022) Agenda item G3 a. was amended to correct 2 items. Article12.1 was corrected to red-linethe first sentence stating a “9 month probationary period”. Article 31 was corrected to reference “Appendix B”. CouncilmemberCavemoved to approve the 2023-2025 Collective Bargaining Agreement between the City of Maplewood and AFSCME and authorize the Mayor and City Manager to execute the contract on behalf of the Cityas amended. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. CouncilmemberCavemoved to approve the 2023-2025 Collective Bargaining Agreement between the City of Maplewood and MSA and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by CouncilmemberJuenemann Ayes – All February 13, 2023 City Council Meeting Minutes 4 Council Packet Page Number 4 of 198 E1 The motion passed. CouncilmemberCavemoved to approve the 2022-2024 Collective Bargaining Agreement between the City of Maplewood and IAFF Fire Fighters and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. CouncilmemberCavemoved to approve the 2022 Collective Bargaining Agreement between the City of Maplewood and LELS Local 173 Police Sergeants and authorize the Mayor and City Manager to execute the contract on behalf of the City. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 4.Resolution Approving the City of Maplewood’s Amended Flexible Benefits Plan vemoved to approve the resolution approving the City of Maplewood’s CouncilmemberCa amended Flexible Benefit Plan, effective January 1, 2023. Resolution 23-02-2169 RESOLUTION APPROVING THE CITY OF MAPLEWOOD’S AMENDED FLEXIBLE BENEFITS PLAN WHEREAS, the current City of Maplewood’s Flexible Benefits Plan was last amended in July 2011. WHEREAS, changes have occurred since 2011 including specifically, changes to the annual limits to the pre-tax flexible spending accounts (FSA), plan design change to the FSA plan and minor Affordable Care Act changes. NOW, THEREFORE, BE IT RESOLVED that the amended Flexible Benefits Plan, effective January 1, 2023, presented at this meeting is hereby approved and adopted. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 5.Resolution for Reduction of Retainage on Existing Construction Contract, Cope Avenue Improvements, City Project 21-06 CouncilmemberCavemoved to approve the resolution for reduction of retainage on existing construction contract for the Cope Avenue Improvements, City Project 21-06. Resolution 23-02-2170 REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT COPE AVENUE IMPROVEMENTS, CITY PROJECT 21-06 February 13, 2023 City Council Meeting Minutes 5 Council Packet Page Number 5 of 198 E1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 21-06, Cope Avenue Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Park Construction Co., has completed the majority of the project construction contract work, with only minor restoration remaining. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5.0% to 2.5% Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 6.Sterling Street Bridge Replacement, City Project 16-25 a.Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 b.Resolution Directing Final Payment and Acceptance ofProject CouncilmemberCavemoved to approve the resolution Directing the Modification of Existing Construction Contract, Change Order No. 2, Sterling Street Bridge Replacement, City Project 16-25, and authorize the Mayor and City Manager to sign Change Order #2. Resolution 23-02-2171 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, PROJECT 16-25, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Sterling Street Bridge Replacement, City Project 16-25, and has let a construction contract, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Sterling Street Bridge Replacement, City Project 16-25, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1.The Mayor, City Manager, and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $8,700.00. 2.The revised contract amount is $734,750.40 Seconded by CouncilmemberJuenemann Ayes – All The motion passed. February 13, 2023 City Council Meeting Minutes 6 Council Packet Page Number 6 of 198 E1 CouncilmemberCavemoved to approve the resolution Directing Final Payment and Acceptance of Project for the Sterling Street Bridge Replacement, City Project 16-25. Resolution 23-02-2172 DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT STERLING STREET BRIDGE REPLACEMENT, CITY PROJECT 16-25 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Sterling Street Bridge Replacement, City Project 16-25, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Sterling Street Bridge Replacement, City Project 16-25, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 16-25 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $733,965.74. Final payment to Northland Grading and Excavation and the release of any retainage or escrow is hereby authorized. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 7.Resolution Entering into a Limited Use Permit for Operation and Maintenance of a Trail Along Trunk Highway No. 5 between the Minnesota Department of Transportation and City of Maplewood, City Project 20-28 CouncilmemberCavemoved to approve the resolution authorizing the City of Maplewood to enter into a Limited Use Permit for Operation and Maintenance of a Trail along Trunk Highway No. 5 between the Minnesota Department of Transpiration and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying council approval. Minor revisions as approved by the City attorney are authorized as needed. Resolution 23-02-2173 AUTHORIZATION TO ENTER INTO LIMITED USE PERMIT NO. 6230-0224 BE IT RESOLVED, that the City of Maplewood enter into Limited Use Permit No. 6230-0224 with the State of Minnesota, Department of Transportation for the following purposes: To provide for maintenance and use by the City of Maplewood upon, along, and adjacent to Trunk Highway No. 5 and the limits of which are defined in said Limited Use Permit. NOW, THEREFORE BE IT FURTHER RESOLVED by the City Council of the City of Maplewood, Minnesota that the Mayor and City Manager are authorized to execute and enter into the Limited Use Permit (Permit No. 6230-0224). February 13, 2023 City Council Meeting Minutes 7 Council Packet Page Number 7 of 198 E1 Seconded by CouncilmemberJuenemannAyes – All The motion passed. 8.Cooperative Agreement for Operation and Maintenance of the Silver Lake Aerator, City Project 23-01 vemoved to enter into a Cooperative Agreement for Operation and CouncilmemberCa Maintenance of the Silver Lake Aerator between Ramsey County, the City of North Saint Paul, and Valley Branch Watershed District, and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying Council approval. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 9.Purchase of a Single Axle Plow Truck CouncilmemberCavemoved to approve the purchase of a single axle plow truck and direct the Mayor and City Manager to enter into a contract with NussTruck and Equipment for the purchase under MN State Contract #T647(5) in the amount of $130,557.41 and a contract with Towmaster Truck Equipment under MN State Contract #222949 in the amount of $184,934.00. Seconded by CouncilmemberJuenemann Ayes – 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 1.On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court City Clerk Sindt gave the staff report. Gary Lenart, Administer at the Maplewood Moose Lodge, addressed the council. Councilmember Juenemannmoved to approve the On-Sale Club and Sunday Sales License for Maplewood Moose Lodge #963 dba Maplewood Moose Lodge, 1832 Gervais Court. Seconded by Councilmember VillavicencioAyes – All February 13, 2023 City Council Meeting Minutes 8 Council Packet Page Number 8 of 198 E1 The motion passed. 2.Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Myrtle-Sterling Area Street Improvements, City Project 22-16 Public Works Director Love gave the presentation. CouncilmemberJuenemannmoved to approve the Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing at 7:00 p.m. on February 27, 2023 for the Myrtle-Sterling Area Street Improvements, City Project 22-16. Resolution 23-02-2174 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to a resolution of the council adopted August 8th, 2022, a report has been prepared by the City Engineering Division with reference to the improvement of the Myrtle-Sterling Area Street Improvements, City Project 22-16, and this report was received by the council on February 13th, 2023. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.The City Council will consider the Myrtle-Sterling Area Street Improvements, City Project 22-16 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total project cost of $5,391,700. 2.The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3.The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $5,391,700 shall be established. The proposed financing plan is as follows: Estimated Project Cost Recovery Funding SourceTotal Amount% of Total General Obligation (G.O.) Improvement Bonds$2,142,10040% Environmental Utility Fund$1,287,10024% Sanitary Sewer Fund$70,7001.5% Water Area Fund$25,6000.5% St. Paul Regional Water Services (SPRWS)$1,041,70019% Special Benefit Assessments$824,50015% Total Estimated Project Funding:$5,391,700100% February 13, 2023 City Council Meeting Minutes 9 Council Packet Page Number 9 of 198 E1 4.A public hearing shall be held on such proposed improvement on the 27th day of February, 2023 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by CouncilmemberLee Ayes – All The motion passed. 3.Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for a Public Hearing for Woodlynn-Southlawn Area Street Improvements, City Project 22-17 Public Works Director Love gave the presentation. CouncilmemberLeemoved to approve the Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing at 7:00 p.m. on February 27, 2023 for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 23-02-2175 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to a resolution of the council adopted August 8th, 2022, a report has been prepared by the City Engineering Division with reference to the improvement of the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, and this report was received by the council on February 13th, 2023. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.The City Council will consider the Woodlynn-Southlawn Area Street Improvements, City Project 22-17 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total project cost of $3,527,800. 2.The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3.The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $3,527,800 shall be established. The proposed financing plan is as follows: Estimated Project Cost Recovery Funding SourceTotal Amount% of Total February 13, 2023 City Council Meeting Minutes 10 Council Packet Page Number 10 of 198 E1 General Obligation (GO)Bonds$348,60010% Environmental Utility Fund$227,0006% Sanitary Sewer Fund$73,5002% Water Area Fund$58,3002% Street Revitalization Fund$1,822,70052% Special Benefit Assessments$997,70028% Total Estimated Project Funding:$3,527,800100% 4.A public hearing shall be held on such proposed improvement on the 27th day of February, 2023 at 7:00 PM. The City Clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 4.Resolution Ordering the Abatement of Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street Public Works Director Love gave the presentation. City Attorney Batty provided further information. ed to approve the Resolution Ordering the Abatement of Councilmember Juenemannmov Conditions Creating a Hazardous Property and Public Nuisance at 1742 ½ English Street, Resolution 23-02-2176 RESOLUTION ORDERING THE ABATEMENT OF CONDITIONS CREATING A HAZARDOUS PROPERTY AND PUBLIC NUISANCE AT 1742 ½ ENGLISH STREET RECITALS WHEREAS, the property located at 1742 ½ English Street, legally described on Exhibit A attached hereto (the “Subject Property”), contains a single-family dwelling (the “Dwelling”) and is located in the city of Maplewood (the “City”); and WHEREAS, the Subject Property is owned by Jose Vega (the “Owner”) and to the best of the City’s knowledge is currently unoccupied; and WHEREAS, the Subject Property is approximately 0.08 acres in size and does not have street frontage; and WHEREAS, because the Subject Property does not have street frontage or private easement rights to install utility service lines, connecting to nearby public sewer and water mains is not presently viable; and WHEREAS, to the best of the City’s knowledge, there is a well on the Subject Property that provides the Dwelling with groundwater; and WHEREAS, in lieu of connecting to City sewer, the Dwelling has long been served by a privately owned individual subsurface sewage treatment system (“SSTS”); and February 13, 2023 City Council Meeting Minutes 11 Council Packet Page Number 11 of 198 E1 WHEREAS, on December 15, 2021, an inspection of the SSTS on the Subject Property was performed by Brian Humpal, an MPCA-licensed SSTS inspector, pursuant to City requirements; and WHEREAS, during said inspection, it was observed that the SSTS was installed in approximately 1940 and consists only of a cesspool (the “Cesspool”); and WHEREAS, pursuant to Minnesota Rules, section 7080.1500, subp. 4.B, cesspools are noncompliant sewage treatment systems because they do not adequately protect local groundwater; and WHEREAS, on January 7, 2022, a letter was sent to the Owner informing him that the Cesspool was noncompliant and that, pursuant to section 40-234(c) of the Maplewood City Code (the “City Code”), the Cesspool must be upgraded, repaired, replaced, or abandoned, in accordance with state and local requirements, within three months; and WHEREAS, the Owner did not respond to the aforementioned letter, and so on August 30, 2022, another letter was sentto the Owner, again informing him that the Cesspool is noncompliant under state law and constitutes a hazard and a public nuisance; and WHEREAS, following the City’s most recent letter, City staff was contacted by the Owner’s contractor who indicated that the Subject Property is too small to accommodate a new SSTS. The contractor inquired about whether a holding tank could be permanently installed on the Subject Property to collect sewage from the Dwelling, and City staff informed said contractor that permanent holding tanks are expressly prohibited under section 40-271(c) of the City Code; and WHEREAS, to date, the Cesspool still exists on the Subject Property and there is no legally compliant method for collecting wastewater generated inside of the Dwelling; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a “hazardous property” as “any property…, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition, or abandonment, constitutes a fire hazard or a hazard to public safety or health;” and WHEREAS, Minnesota Rules, section 1300.0180 provides that equipment regulated by the Minnesota State Building Code, including private plumbing and utilities, is unsafe if it is a “health hazard; an unsanitary condition; or \[is\] otherwise dangerous to human life” and further deems the “\[u\]se of a building, structure, or building service equipment constituting a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage, or abandonment is, for the purposes of this part, an unsafe use”; and WHEREAS, Minnesota Rules, section 1300.0180 also provides that all unsafe buildings, structures, or appendages are public nuisances that “must beabated by repair, rehabilitation, demolition, or removal according to Minnesota Statutes, sections 463.15 to 463.26”; and WHEREAS, section 713.2 of the Minnesota State Plumbing Code, which is part of the building code and adopted by reference in section12-36 of the City Code, expressly requires February 13, 2023 City Council Meeting Minutes 12 Council Packet Page Number 12 of 198 E1 buildings that are not connected to public sewer to be served by an approved private sewage disposal system; and WHEREAS, section 18-28(b) of the City Code deems it a public nuisance for any cesspool in the City to become offensive, nauseous or injurious to health; and WHEREAS, section 18-31(14) of the city code deems it a public nuisance to use property in any manner deemed by the city council to be a menace to the health of the inhabitants of the City; and WHEREAS, both Minnesota Statutes, section 609.74 and section 18-30 of the City Code also deem it a public nuisance to maintain or permit a condition which unreasonably annoys, injures or endangers the safety, health, morals, comfort, or repose of the public; and WHEREAS, based on the foregoing, City staff, including the City’s building official and its public works director, are of the opinion that the Subject Property and the Dwelling located thereon are hazardous, unsafe, and a public nuisance; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the City council to order the owner of any hazardous property or nuisance property within the City to correct or remove said conditions; and WHEREAS, by letters dated and mailed on January 7, 2022 and August 30, 2022, the City notified the Owner of the hazardous and nuisance conditions summarized herein, as well as the steps needed to correct said conditions; and WHEREAS, the Owner has not corrected any of the unlawfulconditions of the Subject Property and said conditions still exist today; and WHEREAS, Minnesota Statutes, section 463.161 et seq. authorizes a City to correct or remove a hazardous condition of any hazardous building or property if the owner of record fails to do so after a reasonable time and the district court enters a judgment sustaining the City’s order; and WHEREAS, also pursuant to section 18-37 of the City Code, the city council may order the abatement of a nuisance on any premises; and WHEREAS,based on the information presented, the City council has determined that the condition of the Subject Property constitutes a hazard, is unsafe, and is a nuisance, all in violation of state and local law, and therefore should be abated. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the City council of the City of Maplewood as follows: 1. The City council adopts, as factual findings, all of the recitals listed above. 2. The City council finds that the condition of the Subject Property is hazardous, as defined by Minnesota Statutes, section 463.15, and unsafe, as defined in Minnesota Rules, section 1300.0180. February 13, 2023 City Council Meeting Minutes 13 Council Packet Page Number 13 of 198 E1 3. The City council also finds that the condition of the Subject Property constitutes a public nuisance, as defined by both state and local law, violates the aforementioned sections of the City Code, and is a menace to the health of the inhabitants of the City. 4. The City attorney shall prepare an abatement order substantially similar to that attached as Exhibit B attached hereto. 5. The City attorney is authorized to take all necessary legal steps to effectuate service of this resolution and the corresponding abatement order in the manner required by state and/or local law. 6. The City attorney and City staff are authorized to take all necessary legal steps to secure compliance with the abatement order and to obtain authority to remove and abate the hazardous conditions on the Subject Property by court order and collect and/or assess the costs thereof against the Subject Property, as otherwise permitted by state and/or local law. EXHIBIT A TO RESOLUTION Abatement Order STATE OF MINNNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT ________________________________________ Case Type: Other Civil In the Matter of the Hazardous and Nuisance Property Located at 1742 ½ English Street, Maplewood, MinnesotaORDER FOR ABATEMENT OF HAZARDOUS PROPERTY AND PUBLIC NUISANCE ________________________________________ TO: All owners, occupants, and all lienholders of record. The city council of the city of Maplewood, Minnesota hereby orders that within 45 days of service of this Order that you abate the hazardous conditions which exist on the property located at: 1742 ½ English Street, in the city of Maplewood, Ramsey County, which property is legally described as follows: The North 100 feet of the South 767.56 feet, except the West 158 feet of the Southwest Quarter of Section 15, Township 29, Range 22, lying West of the Northern Pacific Railway Right of Way, Ramsey County, Minnesota The city of Maplewood, pursuant to Minnesota Statutes, chapter 463 and the Minnesota State Building Code, has determined that the condition of the property located at the above-referenced address is hazardous and unsafe because wastewater produced by or disposed of within the dwelling located thereon is being deposited into a cesspool. The dwelling’s plumbing fixtures are not otherwise February 13, 2023 City Council Meeting Minutes 14 Council Packet Page Number 14 of 198 E1 connected to public sewer, nor are they serviced by a compliant individual subsurface sewage treatment system. For those reasons, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code and Minnesota Statutes, section 609.74, also has determined that the property located at the above-referenced address constitutes a public nuisance. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the hazardous conditions within 45 days of the date of service of this Order by performing one of the following: 1.Replace the cesspool with a compliant individual subsurface sewage treatment system that serves the dwelling on the subject property and meets all state and local requirements; 2.Acquire permanent easement rights from neighboring landowners to accommodate a private sewer service line and thereafter connect the dwelling on the subject property to city sewer; or 3.Demolish the dwelling on the subject property to prevent the ability to deposit wastewater generated on the property into the noncompliant cesspool. All work completed is subject to permitting and required inspections by staff members of the city to ensure compliance with applicable rules and law. You are further advised that unless such corrective action is taken or an answer is served on the city and filed with the Ramsey County District Court Administrator within 21 days of the date of service of this Order upon you, a motion for summary enforcement of this Order may be made to the Ramsey County District Court. You are further advised that if you do not comply with this Order and the city is compelled to take corrective action, it will pursue the dwelling’s demolition and all necessary costs incurred by the city in taking such corrective action will be collected and assessed against the property pursuant to Minnesota Statutes, section 463.21 and section 18-37 of the Maplewood City Code. In connection thereto, the city intends to recover all of its expenses incurred in carrying out this Order, including specifically but not exclusively, filing fees, service fees, publication fees, attorneys’ fees, appraisers’ fees, witness fees, including expert witness fees and traveling expenses incurred by the city from the time this Order was originally made pursuant to Minnesota Statutes, section 463.22. Dated ______________, 2023 KENNEDY & GRAVEN, CHARTERED By: David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 Attorney for City of Maplewood February 13, 2023 City Council Meeting Minutes 15 Council Packet Page Number 15 of 198 E1 ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. David T. Anderson Seconded by Councilmember LeeAyes – All The motion passed. E.AWARD OF BIDS None F.ADJOURNMENT Mayor Abramsadjourned the meeting at8:16 p.m. February 13, 2023 City Council Meeting Minutes 16 Council Packet Page Number 16 of 198 F1a Council Packet Page Number 17 of 198 F1a Council Packet Page Number 18 of 198 F3 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Swearing-In Ceremony for Six Police Officers Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Maplewood Police Department has had an open hiring and recruitment process to fill multiple police officer vacancies over the last year. Six Police Officers have successfully completed their field training and will be officially sworn in with the Maplewood Police Department. Recommended Action: For presentation purposes only. 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment N/A Background: Officer Steven Clayton is a lateral hire for the Maplewood Police Department. Officer Clayton has worked in law enforcement for over a decade. He spent four and a half years with the Polk County Sheriff’s Office and a little over six years with the St. Croix Falls Police Department. He spent four years at the Polk County Sheriff’s Office as a canine handler and a member of the SWAT team. In August of 2021, he was assigned to the SWAT sniper team. His education background is in music. He majored in classical guitar performance and minors in jazz bass at the University of Wisconsin- River Falls. Council Packet Page Number 19 of 198 F3 Officer Clayton chose to apply for a lateral position with the Maplewood Police Department because of the family first environment and the many career opportunities within the department. As a former canine handler, Officer Clayton said he would love to run another canine in the future. He said Canines are a phenomenal asset to law enforcement as a location tool and he also enjoyed the community outreach potential of having a K9 partner. Officer Clayton would also like to be selected to be on the Ramsey County SWAT team to use the skills he developed over his career to make our community a safer place. OfficerClaytonhas a uniqueconnectiontoMaplewoodasheworkedwithJoeBergeron’sbrotherat the Sheriff’s office. He was also familiar with the area as a musician and has played at multiple establishmentswithinthecityofMaplewood. On his off time, Officer Clayton enjoys trail running, woodworking, hiking/rucking/land navigation, bow hunting, skiing, mountain biking, dog training, playing guitar, and exploring back roads on his Harley Davidson. Officer Jon Givand is a lateral officer, who for the last 13 years worked for the Oak Park Heights Police Department, his last several years as a Sergeant. Officer Givand has a Bachelor’s Degree from Mankato State University and has already completed the Supervisory / Leadership Certificate Program through the MN Bureau of Criminal Apprehension (BCA). Officer Givand was familiar with the City of Maplewood and the Police Department from attending past law enforcement trainings that have been hosted in Maplewood and from frequenting local retail businesses on his off time. Officer Givand sought out a lateral opportunity with Maplewood because of the department and the City’s family-first philosophy and the priority placed on employee wellness. Officer Givand’s immediate goal with the department is to continue to develop as an officer and build strong positive relationships within the community we serve. On his days off, Officer Givand focuses on his time with his family, dedicating most of his time to attending his children’s sports and school related activities, camping, travel, and outdoor activities. Officer Jamie Green is a lateral officer. He obtained his Bachelor of Science degree in Law EnforcementfromMinnesotaState University,Mankatoin2015.OfficerGreenworkedfor a couple ofagencies since graduating,withthelastfouryearsworkingas a DeputySheriffattheCook County Sheriff’s Office. In 2021, he obtained his Master of Science degree in Criminal Justice with a focus in Cybercrime and he hopes to one day continue his education and pursue his Doctoral degree. Officer Green said what most was appealing to him about the Maplewood Police Department was the strong emphasis on family first. Officer Green is a huge family guy and he tries to see his family every chance he gets. Another thing that drew Officer Green to Maplewood was the opportunities for professional and personal growth. Officer Green would like to work toward being an investigator and would like to specialize his investigations on computer crimes against children. Prior to being in law enforcement, he worked several years in public schools as security and in childcare. His goal is to protect children by educating the children, parents, and educators of the online dangers. His second goal is to become a School Resource Officer. He believes the role of a School Resource Council Packet Page Number 20 of 198 F3 Officer is to be involved in the everyday life of students while they are at school and to build trust with the students and parents, and this is a challenge he would look forward to taking on. In his free time he enjoys traveling; spending time with his partner, family, and friends; playing with his black lab; and going to the gym. He is currently training for a half marathon in the fall. Officer Ole Mark is originally from Red Wing, MN and currently lives in the rural St. Croix River Valley area in Wisconsin. Officer Mark has approximately seventeen years experience working in criminal justice; having worked in criminal defense, corrections, and in law enforcement. In the field oflawenforcement,hehasworkedas a patrolofficer,field-trainingofficer,investigator,andK9 Handler. Officer Mark received his associate’s degree in criminal justice through Rasmussen Collegeand hisbachelor’sdegreethroughConcordiaCollege.OfficerMarkattendedtheMN POST Skills program at Alexandria Technical College. Officer Mark was introduced to the City of Maplewood by another new officer, who also came here fromthe same law enforcement agency. Officer Mark stated he was drawn to the straightforward lateralprocessandwasimpressedbytheprofessionalism,enthusiasm,andopennessofthe Command and Patrol staff. Officer Mark stated he knew it was a unique environment that he wanted to be a part of. His goals here are to make a positive impact in this community and perhaps earn a role in the investigative unit. When Officer Mark is not on duty, he enjoys spending as much time with his wife and family. He also enjoys music, dog training, reading, and spending time outdoors on his rural property. Officer Scott Rethwill grew up in Blaine and presently resides in Lino Lakes. Officer Rethwill has a strong connection to Maplewood, having taught Sunday school at Woodland Hills Church, and his younger sister lives in the city. Officer Rethwill’s daughter was also born at Saint John’s Hospital. Before coming to the city of Maplewood, Officer Rethwill was a police officer with Prairie Island Indian Community and Minneapolis Park Police Department. Officer Rethwill spent some time as a Federal Law Enforcement Officer with the Federal Reserve Police Department where he was a member of the executive protection team. Officer Rethwill also served 6 years in the Army National Guard as an Infantryman Team Leader. Officer Rethwill has earned his Associates Degree in Law Enforcement from North Hennepin Community College. Presently, OfficerRethwill is a senior at Luther Rice College and Seminary, where he will be completing his Bachelor’s Degree in Biblical Studies with an emphasis in Apologetics. Officer Rethwill wanted to find a community and department where he could grow throughout his career. Maplewood is a strong community that supports their officers and he could not have found a better city to dedicate his life to. Officer Rethwill’s first goal is to create a strong community bond with the citizens of the city, and his second is to promote a positive and healthy working environment. During his free time, Officer Rethwill enjoys spending time with my family, golfing, playing hockey, and motorcycles. Officer Thang Yang is from Cottage Grove and was born in Saint Paul. Officer Yang is no stranger to Maplewood. Growing up Officer Yang traveled to Maplewood with his family to shop at the Council Packet Page Number 21 of 198 F3 Maplewood Mall and eat out at Great Moon Buffet. Some of Officer Yang’s siblings and relatives were born at Saint John’s Hospital. Before becoming a police officer, Officer Yang worked full time as Walmart Loss Prevention and part time as a Community Service Officer for the Cottage Grove Police Department. Prior to working these two jobs, Officer Yang served seven years in the Marine Corps as an administrator. Shortly after leaving the Marine Corps in 2020, Officer Yang earned his Bachelor’s degree in Criminal Justice: Homeland Security from American InterContinental University. In June 2022, OfficerYangcompletedRasmussenUniversity’slawenforcement programandwasawardedan associate’s degree in Law Enforcement. That same month, Officer Yang passed the MN POST examandbecameeligibleforhireas a policeofficer. Officer Yang applied to several police agencies and chose to be with Maplewood. Officer Yang says what made the department appealing was how everyone got along with one another and how officers were able to donate some of their personal vacation time to help other officers. For now, OfficerYangwantstoensurehesuccessfullycompleteshisfirstyearofprobationbeforehe pursues other department goals. Officer Yang hopes to one day become a Field Training Officer and become a member of the department’s training unit. On Officer Yang’s time off, he likes to go indoor rock climbing, catch up on his reading and spend time atthe gym. Attachments: None. Council Packet Page Number 22 of 198 F4 Council Packet Page Number 23 of 198 F4 Council Packet Page Number 24 of 198 F4, Attachment 1 Council Packet Page Number 25 of 198 F4, Attachment 1 Council Packet Page Number 26 of 198 F4, Attachment 1 Council Packet Page Number 27 of 198 F4, Attachment 1 Council Packet Page Number 28 of 198 F4, Attachment 1 Council Packet Page Number 29 of 198 F4, Attachment 1 Council Packet Page Number 30 of 198 F4, Attachment 1 Council Packet Page Number 31 of 198 F4, Attachment 1 Council Packet Page Number 32 of 198 F4, Attachment 1 Council Packet Page Number 33 of 198 F4, Attachment 1 Council Packet Page Number 34 of 198 F4, Attachment 1 Council Packet Page Number 35 of 198 F4, Attachment 1 Council Packet Page Number 36 of 198 F4, Attachment 1 Council Packet Page Number 37 of 198 F4, Attachment 1 Council Packet Page Number 38 of 198 F4, Attachment 1 Council Packet Page Number 39 of 198 F4, Attachment 1 Council Packet Page Number 40 of 198 F4, Attachment 1 Council Packet Page Number 41 of 198 F4, Attachment 1 Council Packet Page Number 42 of 198 F4, Attachment 1 Council Packet Page Number 43 of 198 F4, Attachment 1 Council Packet Page Number 44 of 198 F4, Attachment 1 Council Packet Page Number 45 of 198 F4, Attachment 1 Council Packet Page Number 46 of 198 F4, Attachment 1 Council Packet Page Number 47 of 198 F4, Attachment 1 Council Packet Page Number 48 of 198 F4, Attachment 1 Council Packet Page Number 49 of 198 F4, Attachment 1 Council Packet Page Number 50 of 198 F4, Attachment 1 Council Packet Page Number 51 of 198 F4, Attachment 1 Council Packet Page Number 52 of 198 F4, Attachment 2 Council Packet Page Number 53 of 198 F4, Attachment 2 Council Packet Page Number 54 of 198 F4, Attachment 2 Council Packet Page Number 55 of 198 F4, Attachment 2 Council Packet Page Number 56 of 198 F4, Attachment 2 Council Packet Page Number 57 of 198 F4, Attachment 2 Council Packet Page Number 58 of 198 F4, Attachment 2 Council Packet Page Number 59 of 198 F4, Attachment 3 Council Packet Page Number 60 of 198 F4, Attachment 3 Council Packet Page Number 61 of 198 F4, Attachment 3 Council Packet Page Number 62 of 198 F4, Attachment 3 Council Packet Page Number 63 of 198 F4, Attachment 3 Council Packet Page Number 64 of 198 F4, Attachment 3 Council Packet Page Number 65 of 198 F4, Attachment 3 Council Packet Page Number 66 of 198 F4, Attachment 3 Council Packet Page Number 67 of 198 F4, Attachment 3 Council Packet Page Number 68 of 198 F5 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Brian Bierdeman, Public Safety Director PRESENTER: Brian Bierdeman, Public Safety Director AGENDA ITEM: Resolution of Appreciation for MAC Member Steve Langdon Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: When committee members end their time and service on a committee, the city considers a resolution of appreciation recognizing the individual for their service to the City of Maplewood. Recommended Action: Motion to adopt the Resolution of Appreciation for Steve Langdon. 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The City of Maplewood appreciates its citizen volunteers who serve on the city’s boards and commissions and works to provide recognition for members upon resignation. Background: Steve Langdon has informed staff that he will beresigning his position on the Multicultural Advisory Committee (MAC). Mr. Langdon began his volunteer service to the City of Maplewood in July of 2016, when he became part of a “Use of Force Workgroup” that was tasked with reviewing and making recommendations to the police department’s “use of force” policies and training protocols. After the “Use of Force Workgroup” completed their work, Mr. Langdon became a member of the Police Advisory Commission (PAC). Following the disbanding of the PAC at the end of 2019, Mr. Langdon continued his volunteer service on the newly formed Multicultural Advisory Committee (MAC). Attachments: 1.Resolution of Appreciation Council Packet Page Number 69 of 198 F5, Attachment 1 RESOLUTION OF APPRECIATION WHEREAS, Steve Langdon has been a member of the Maplewood Police Department’s “Use of Force Workgroup”, Police Advisory Commission, and Multicultural Advisory Committee for six years, serving from July 2016 to February 2023; and WHEREAS, the Multicultural Advisory Committee, the Maplewood Police Department, and the City Council appreciate his experience, insights, and good judgment; and WHEREAS, Mr. Langdon has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Langdon has shown dedication to his duties and has consistently contributed his leadership and efforts for the benefits of the City; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Steve Langdon is hereby extended our gratitude and appreciation for his dedicated service. Adopted by the Maplewood City Council on February 27, 2023 ________________________________ Marylee Abrams, Mayor Attest: ________________________________ Andrea Sindt, City Clerk Council Packet Page Number 70 of 198 G1 CITY COUNCIL STAFF REPORT Meeting Date February 27, 2023 Melinda Coleman, City Manager REPORT TO: Joe Rueb, Finance Director REPORT FROM: Joe Rueb, Finance Director PRESENTER: Approval of Claims AGENDA ITEM: DiscussionPublic Hearing Action Requested: Motion 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: $ Checks # 110430 thru # 110457183,170.98 dated 2/13/23 $ Checks # 110458 thru # 1105011,561,725.75 dated 2/21/23 $ Disbursements via debits to checking account716,875.58 dated 02/06/23 thru 02/19/23 $ Total Accounts Payable2,461,772.31 PAYROLL $ Payroll Checks and Direct Deposits dated 2/17/23616,137.99 $ Total Payroll616,137.99 $ GRAND TOTAL3,077,910.30 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 71 of 198 G1, Attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount 11043005114PROJ 21-02, PROF DESIGN SERVICES16,121.8002/14/2023BOLTON & MENK, INC. 02/14/2023BOLTON & MENK, INC.05114PROJ16-25 BID/CONSTRUCTION PHASES318.00 02/14/2023BOLTON & MENK, INC.051141077 CENTURY AVE SPETIC SERVICES92.50 02/14/2023BOLTON & MENK, INC.05114PROJ 19-22 CONSTRUCTION SERVICES54.00 11043100585NET BILLABLE TICKETS - JAN 2023176.8502/14/2023GOPHER STATE ONE-CALL 11043200875CANON COPIER USAGE FEES - JAN1,136.3502/14/2023LOFFLER COMPANIES, INC. 11043300532HR ATTORNEY FEE LABOR REL - JAN6,165.5002/14/2023MADDEN GALANTER HANSEN, LLP 11043405353CONTRACT GASOLINE - FEB12,670.7902/14/2023MANSFIELD OIL CO 02/14/2023MANSFIELD OIL CO05353CONTRACT DIESEL - FEBRUARY6,163.98 02/14/2023MANSFIELD OIL CO05353CONTRACT DIESEL - FEBRUARY2,640.56 11043501337FLEET SUPPORT FEES - JAN574.0802/14/2023RAMSEY COUNTY-PROP REC & REV 11043601190ELECTRIC & GAS UTILITY19,617.0602/14/2023XCEL ENERGY 02/14/2023XCEL ENERGY01190ELECTRIC UTILITY17,002.61 02/14/2023XCEL ENERGY01190ELECTRIC & GAS UTILITY713.43 02/14/2023XCEL ENERGY01190FIRE SIRENS62.30 11043706163ONLINE BENEFITS ADMINFEE - FEB371.0002/14/2023AL TECHNOLOGIES, LLC 11043805786MONTHLY PREM - FEB 2023285.0202/14/2023COLONIAL LIFE PROCESSING CTR 11043906437A02/14/2023EDEN PRAIRIE, CITY OFNNUAL FENCING CONSORTIUM FEE12,157.00 11044005594SRVS FEE PERMITRACKMS4 APP 20231,330.0002/14/2023FOUNDATION BUSINESS SYSTEMS 11044106434DESKTOP COMMANDER8,150.0002/14/2023IPROJECTSOLUTIONS, LLC 11044200846PD PHONE INTERPRETATION JAN 2023832.3702/14/2023LANGUAGE LINE SERVICES 11044306438VIRTUAL SERVER SUPPORT/MGMT8,816.0002/14/2023METRO - INET 02/14/2023064382023 WORKSPACEONE LICENSES6,150.00METRO - INET 11044405838MONTHLY PREMIUM - MARCH266.7002/14/2023MINNESOTA BENEFIT ASSOCIATION 11044506439REF02/14/2023MYINT MYINT SWEUND PROP LICENSE 1519 CTY RD E200.00 11044606257VIDEO PROD SERVICES - JAN 20231,095.0002/14/2023NINE NORTH 11044705879DEER REMOVAL - JANUARY129.0002/14/2023ROADKILL ANIMAL CONTROL 11044801530SERVICE & MAINT ON UNIT 735669.3502/14/2023STEPP MANUFACTURING CO., INC. 110449015452023 MEMBERSHIP ASSESSMENT2,155.5002/14/2023SUBURBAN RATE AUTHORITY 110450051142022 GENERAL GIS ASSISTANCE900.0002/14/2023BOLTON & MENK, INC. 11045100211PROJ 21-06/21-07 MATERIALS TESTING14,994.0002/14/2023BRAUN INTERTEC CORP. 02/14/202300211PROJ 21-06/21-07 MATERIALS TESTING760.00BRAUN INTERTEC CORP. 11045200393MONTHLY SURTAX - SEPT 20214,337.1702/14/2023MN DEPT OF LABOR & INDUSTRY 02/14/202300393MONTHLY SURTAX - JULY 20214,172.42MN DEPT OF LABOR & INDUSTRY 02/14/202300393MONTHLY SURTAX - OCT 20213,854.97MN DEPT OF LABOR & INDUSTRY 02/14/202300393MONTHLY SURTAX - JUNE 20213,549.58MN DEPT OF LABOR & INDUSTRY 02/14/202300393MONTHLY SURTAX - AUG 20212,253.83MN DEPT OF LABOR & INDUSTRY 00393MONTHLY SURTAX - NOV 20212,048.12 02/14/2023MN DEPT OF LABOR & INDUSTRY 02/14/202300393MONTHLY SURTAX - DEC 20211,780.09MN DEPT OF LABOR & INDUSTRY 11045300875CANON COPIER USAGE FEES - DEC376.7202/14/2023LOFFLER COMPANIES, INC. 11045400532HR ATTORNEY FEE LABOR REL - JUNE1,720.2502/14/2023MADDEN GALANTER HANSEN, LLP 02/14/202300532HR ATTORNEY FEE LABOR REL - JULY1,425.20MADDEN GALANTER HANSEN, LLP 11045505736RANGE RENTAL FEES1,440.0002/14/2023FOREST LAKE SPORTSMEN'S CLUB 11045602137ATTORNEY FEES - DECEMBER 202212,130.8802/14/2023KENNEDY & GRAVEN CHARTERED 11045705159REPAIR OF PLAYGRO02/14/2023PLAYPOWER LT FARMINGTON INCUND EQUIP1,311.00 183,170.98 28Checks in this report. Council Packet Page Number 72 of 198 G1, Attachments Check Register City of Maplewood CheckDescriptionAmount DateVendor 110458037322023 CHEV TAHOE V#673460,477.0002/14/2023STILLWATER MOTORS 11045902/21/202302728KIMLEY-HORN & ASSOCIATES INCPROJ 16-18 GLADSTONE PHASE 33,354.92 11046002/21/202305013YALE MECHANICAL LLCNORTH FIRE STATION CONST PROJ25,783.30 11046102/21/202300181BERWALD ROOFING CO INCNORTH FIRE STATION CONST PROJ12,188.75 11046202/21/202305972BHE COMMUNITY SOLAR, LLCCOMM SOLAR GARDEN - DEC 20222,276.59 11046302/21/202302679CENTURY FENCE CONORTH FIRE STATION CONST. PROJ10,174.50 11046402/21/202303463EBERT CONSTRUCTIONNORTH FIRE STATION CONST. PROJ27,079.57 11046502/21/202306255ELECTRICAL PRODUCTION SERVICESNORTH FIRE STATION CONST PROJ56,401.56 11046602/21/202306254GENERAL SHEET METAL CO. LLCNORTH FIRE STATION CONST PROJ12,969.86 11046702/21/202301897KRAUS-ANDERSON CONSTRUCTION CON FIRE STATION CONST PROJ THRU DEC3,619.04 11046802/21/202300827L M C I TWC CLAIM #004772204,163.12 02/21/202300827L M C I TWC CLAIM #00474776679.67 02/21/202300827L M C I TWC CLAIM #00483118373.16 02/21/202300827L M C I TWC CLAIM #00476987307.73 11046902/21/202301088MN POLLUTION CONTROL AGENCYPROJ 21-06 PENALTY ORDER472.50 11047002/21/202301182NAC MECH & ELECTRICAL SERVICESNORTH FIRE STATION CONST PROJ42,021.38 11047102/21/202306276NORTH METRO COMPANIES, LLCNORTH FIRE STATION CONST PROJ5,667.47 11047202/21/202306294OTIS ELEVATOR COMPANYNORTH FIRE STATION CONST PROJ1,637.31 11047302/21/202302903PARK CONSTRUCTION COPROJ 21-06 COPE AVE IMP PMT#731,246.02 11047402/21/202306263PRIME CONSTRUCTION SOLUTIONSNORTH FIRE STATION CONST PROJ1,000.00 11047502/21/202304350RIGHT-WAY CAULKING, INC.NORTH FIRE STATION CONST PROJ1,211.50 11047602/21/202306253SUMMIT FIRE PROTECTION CO.NORTH FIRE STATION CONST PROJ3,452.26 11047702/21/202306264SUPERSET TILE & STONENORTH FIRE STATION CONST PROJ11,346.86 11047802/21/202301665TWIN CITY HARDWARENORTH FIRE STATION CONST PROJ9,133.32 11047902/21/202300985METROPOLITAN COUNCILWASTEWATER - JANUARY364,344.28 02/21/202300985METROPOLITAN COUNCILWASTEWATER - FEBRUARY364,344.28 02/21/202300985METROPOLITAN COUNCILWASTEWATER - MARCH364,344.28 11048002/21/202301160NEWMAN SIGNS, INC.PROJ 21-06 - STREET SIGNS2,053.93 11048102/21/202302043OVERHEAD DOOR COMPANYREPLACE DOOR HANDLE N.FIRE STATION75.00 11048202/21/202305670PETERSON COUNSELING/CONSULTINGCONSULTING SERVICES - JANUARY1,930.00 11048302/21/202301337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - JANUARY227.76 11048402/21/202304845TENNIS SANITATION LLCRECYCLING FEE - JANUARY72,736.83 11048502/21/202303334UNIQUE PAVING MATERIALS CORPWINTER PATCHING MATERIAL - 7.9 TON1,311.40 11048602/21/202301925AMERICAN PRESSURE INC.PRESSURE WASHER - 55 GAL SOAP494.45 11048702/21/202300089APWA MEMBERSHIPANNUAL MEMBERSHIP 5/1/23 - 4/30/241,432.50 11048802/21/202300464EMERGENCY AUTOMOTIVE TECH, INCREPLACE COMPUTER DOCK - V#5447115.00 11048902/21/202305372FERRELLGASPROPANE FILL - EMTF3,262.21 11049002/21/202306009HEALTHCALL, LLCCOMM. PARAMEDIC SOFTWARE-JAN920.00 11049102/21/202305533KIRVIDA FIREREPAIRS TO LADDER #3151,330.32 02/21/202305533KIRVIDA FIREREPAIRS TO ENGINE #323967.07 11049202/21/202302938KORTERRA INCSERVICE FOR 10/20/22 - 10/19/234,000.00 11049302/21/202306440NCE EMPOWERING SAFETYEMS EQUIPMENT SUPPLIES3,157.00 11049402/21/202300001ONE TIME VENDORFINAL BILL 2/15/23 - REFUND BALANCE ON5.42 11049502/21/202305817PALE BLUE DOT LLC'CERT' GRANT - RESEARCH & FINAL REPORT1,000.00 11049602/21/202301340REGIONS HOSPITALACLS COURSE3,055.00 02/21/202301340REGIONS HOSPITALACLS COURSE2,585.00 11049702/21/202305579SOLDO CONSULTING, P.C.FD INTERNAL INVESTIGATION2,828.75 11049802/21/202306107TOKLE INSPECTIONS, INC.ELECTRICAL INSPECTIONS - JAN8,215.88 11049902/21/202305663TRANS UNION LLCCR REPORTING SERVICE - JANUARY65.00 11050002/21/202301730W W GOETSCH ASSOCIATES, INC.LIFTSTATION UPGRADES - CITY HALL29,488.00 11050102/21/202301789CITY OF WOODBURYANNUAL SEWER MAINT - DIST 51W399.00 1,561,725.75 44Checks in this report. Council Packet Page Number 73 of 198 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 2/6/2023Delta DentalDental Premium2,279.27 2/6/2023Empower - State PlanPR - Deferred Compensation25,676.00 2/6/2023MN State TreasurerDrivers License/Deputy Registrar20,796.67 2/6/2023MN State TreasurerPR - State Payroll Tax28,229.04 2/7/2023MN State TreasurerDrivers License/Deputy Registrar25,422.21 2/8/2023MN State TreasurerDrivers License/Deputy Registrar97,329.35 2/9/2023MN State TreasurerDrivers License/Deputy Registrar34,156.02 2/10/2023MN Dept of Natural ResourcesDNR electronic licenses1,755.23 2/10/2023MN State TreasurerDrivers License/Deputy Registrar13,134.06 2/10/2023Optum HealthDCRP & Flex plan payments6,224.75 2/13/2023Delta DentalDental Premium2,749.96 2/13/2023MN State TreasurerDrivers License/Deputy Registrar30,203.36 2/14/2023MN State TreasurerDrivers License/Deputy Registrar29,297.00 2/15/2023MN State TreasurerDrivers License/Deputy Registrar24,950.11 2/16/2023MN State TreasurerDrivers License/Deputy Registrar27,058.90 2/17/2023ICMA (Vantagepointe)PR - Deferred Compensation8,679.00 2/17/2023ICMA (Vantagepointe)PR - Retiree Health Savings5,964.18 2/17/2023Labor UnionsPR - Union Dues1,938.32 2/17/2023MidAmericaPR - HRA Flex Plan - AUL17,281.27 2/17/2023MN Dept of Natural ResourcesDNR electronic licenses604.60 2/17/2023MN State TreasurerDrivers License/Deputy Registrar22,561.58 2/17/2023Optum HealthDCRP & Flex plan payments596.50 2/17/2023P.E.R.A.PR - P.E.R.A.132,916.57 2/17/2023U.S. TreasurerPR - Federal Payroll Tax105,649.26 2/17/2023US Bank VISA One Card*Purchasing Card Items51,422.37 716,875.58 *Detailed listing of VISA purchases is attached. Council Packet Page Number 74 of 198 G1, Attachments Purchasing Card Items Transaction DatePosting DateMerchant NameTransaction AmountName 2023/01/272023/01/30800 POSTCARDS$492.31CHAD BERGO THE STAR TRIBUNE CIRCULATCHAD BERGO 2023/02/032023/02/06$49.27 2023/02/032023/02/06TARGET 00011858$30.00NEIL BRENEMAN EMERGENCY AUTO TECHDANIEL BUSACK 2023/01/272023/01/30$158.79 2023/02/032023/02/06GRAFIX SHOPPE$55.00DANIEL BUSACK GRAPHIC DESIGN INCDANIEL BUSACK 2023/02/072023/02/08$126.62 2023/01/252023/01/30MENARDS OAKDALE MN($11.98)SCOTT CHRISTENSON TWIN CITY FILTER SERVICESCOTT CHRISTENSON 2023/02/012023/02/06$321.00 2023/02/022023/02/03GRAINGER$169.40SCOTT CHRISTENSON GRAINGERSCOTT CHRISTENSON 2023/02/022023/02/03$17.25 2023/02/032023/02/06FERGUSON ENT #525$146.55SCOTT CHRISTENSON MENARDS OAKDALE MNSCOTT CHRISTENSON 2023/02/072023/02/09$9.96 2023/02/082023/02/09SHERWIN WILLIAMS 703127$47.36SCOTT CHRISTENSON DIVE RESCUE INTERNATIONALBRAD DAVISON 2023/01/232023/02/01$288.44 2023/01/232023/02/01DIVE RESCUE INTERNATIONAL$199.58BRAD DAVISON NTE 5413BRAD DAVISON 2023/01/272023/01/30$128.41 2023/01/312023/02/01DIVE RESCUE INTERNATIONAL$88.00BRAD DAVISON TIDAL WAVE MAPLEWOODBRAD DAVISON 2023/02/062023/02/07$21.48 2023/02/072023/02/09OFFICEMAX/DEPOT 6164$32.19BRAD DAVISON THE HOME DEPOT #2801BRAD DAVISON 2023/02/072023/02/09$51.92 2023/01/272023/01/30MINNESOTA CHIEFS OF POLIC$193.00JOSEPH DEMULLING MINNESOTA CHIEFS OF POLICJOSEPH DEMULLING 2023/01/272023/01/30$525.00 2023/01/292023/01/31HOMEDEPOT.COM$404.00JOSEPH DEMULLING WEB*NETWORKSOLUTIONSMYCHAL FOWLDS 2023/02/042023/02/06$14.99 2023/02/062023/02/07COMCAST BUSINESS$826.00MYCHAL FOWLDS MSFT * E0500M2OQONICK FRANZEN 2023/02/022023/02/03$8.00 2023/02/032023/02/03APPLE.COM/US$319.00NICK FRANZEN APPLE.COM/USNICK FRANZEN 2023/02/032023/02/03$4,279.00 2023/02/072023/02/07MSFT * E0500M5B0B$8.00NICK FRANZEN COSTCO WHSE #1021TONY GABRIEL 2023/01/312023/02/01$79.41 2023/02/012023/02/02TARGET 00011858$19.33TONY GABRIEL TARGET 00011858TONY GABRIEL 2023/02/032023/02/06$9.66 2023/02/032023/02/06COSTCO WHSE #1021$59.56TONY GABRIEL ASPEN MILLSMICHAEL HAGEN 2023/01/312023/02/01$985.99 2023/02/012023/02/02AIRGAS - NORTH$316.56MICHAEL HAGEN AIRGAS - NORTHMICHAEL HAGEN 2023/02/012023/02/02$102.24 2023/02/012023/02/02ASPEN MILLS$131.00MICHAEL HAGEN GALLSMICHAEL HAGEN 2023/02/042023/02/06$373.99 2023/02/042023/02/06GALLS$137.99MICHAEL HAGEN AMZN MKTP US*YQ9KN9GS3MICHAEL HAGEN 2023/02/042023/02/06$394.84 2023/02/072023/02/08ASPEN MILLS$310.84MICHAEL HAGEN AIRGAS - NORTHMICHAEL HAGEN 2023/02/082023/02/09$222.63 2023/02/082023/02/09AIRGAS - NORTH$261.33MICHAEL HAGEN HOLIDAY STATIONS 0440TIMOTHY HAWKINSON 2023/02/082023/02/09$9.11 2023/02/082023/02/10NINO S PIZZERIA$70.09TIMOTHY HAWKINSON MICROSOFT*STORETAMARA HAYS 2023/01/272023/01/30$75.15 2023/01/272023/02/10MICROSOFT*STORE($75.15)TAMARA HAYS MENARDS OAKDALE MNTAMARA HAYS 2023/02/072023/02/09$71.75 2023/02/072023/02/09THE HOME DEPOT 2801$83.99TAMARA HAYS MENARDS OAKDALE MNTAMARA HAYS 2023/02/082023/02/10$118.99 2023/02/092023/02/10AMZN MKTP US*N667Z8YY3$27.98TAMARA HAYS SOCIETYFORHUMANRESOURCELINDSAY HERZOG 2023/02/032023/02/06$229.00 2023/01/252023/01/31SQ *MINNESOTA CIT OFFICER($900.00)MICHAEL HOEMKE POLICE RECORDS MGMTMICHAEL HOEMKE 2023/02/092023/02/10$259.00 2023/01/272023/02/01WWW.DALCOONLINE.COM$412.24DAVID JAHN THE HOME DEPOT #2801DAVID JAHN 2023/01/312023/02/02($21.95) 2023/01/312023/02/02THE HOME DEPOT #2801$199.00DAVID JAHN SHERWIN WILLIAMS 703127DAVID JAHN 2023/02/012023/02/02$189.44 2023/02/012023/02/03HOMEDEPOT.COM$297.49DAVID JAHN AMZN MKTP US*XM1ZD13U3MEGHAN JANASZAK 2023/01/272023/01/30$41.40 2023/01/272023/01/30AMZN MKTP US*4V9GV89V3$525.77MEGHAN JANASZAK AMAZON.COM*4A4QH4Z83MEGHAN JANASZAK 2023/01/302023/01/31$25.58 2023/02/082023/02/09AMZN MKTP US*H934O79G0$16.99MEGHAN JANASZAK Council Packet Page Number 75 of 198 G1, Attachments 2023/02/082023/02/10ODP BUS SOL LLC # 105910$16.79MEGHAN JANASZAK ODP BUS SOL LLC # 101090MEGHAN JANASZAK 2023/02/082023/02/10$31.45 2023/01/302023/01/31PAYPAL *EHLERS$315.00RANDY JOHNSON INT'L CODE COUNCIL INCRANDY JOHNSON 2023/01/312023/01/31$100.00 2023/01/312023/02/01AMERICAN PLANNING ASSOCI$99.00RANDY JOHNSON THE STAR TRIBUNE CIRCULATLOIS KNUTSON 2023/01/302023/01/31$625.04 2023/01/302023/02/01FUSION LEARNING PARTNERS$1,125.00LOIS KNUTSON IMPRINT PLUSLOIS KNUTSON 2023/02/022023/02/03$265.97 2023/02/032023/02/06ARROWWOOD RESORT AND CONF$317.42ERIC KUBAT THE HOME DEPOT #2801JASON KUCHENMEISTER 2023/02/072023/02/09$1,116.00 2023/02/082023/02/08ULINE *SHIP SUPPLIES$281.41JASON KUCHENMEISTER PAYPAL *BLACKSMOKESMICHAEL MALESKI 2023/01/312023/02/01$2,700.00 2023/01/312023/02/01PAYPAL *BLACKSMOKES$2,700.00MICHAEL MALESKI MINNESOTA STATE FIRE CHIEMICHAEL MALESKI 2023/02/022023/02/06$285.00 2023/02/062023/02/07AR500 DS$464.30MICHAEL MALESKI PIONEER PRESS CIRCMIKE MARTIN 2023/02/022023/02/03$0.99 2023/02/012023/02/01PEDIATRIC EMERGENCY STAND$50.00BRAD MCGEE PAPA JOHN'S #1838BRAD MCGEE 2023/02/092023/02/10$114.97 2023/02/062023/02/08KWIK TRIP 41500004150$12.00MICHAEL MONDOR CALIBRE PRESSRACHEL MURRAY 2023/01/262023/01/30$199.00 2023/01/262023/01/30CALIBRE PRESS$359.00RACHEL MURRAY CINTAS CORPBRYAN NAGEL 2023/02/012023/02/02$39.31 2023/02/012023/02/02CINTAS CORP$20.81BRYAN NAGEL CINTAS CORPBRYAN NAGEL 2023/02/012023/02/02$80.67 2023/02/012023/02/02CINTAS CORP$39.98BRYAN NAGEL CINTAS CORP69BRYAN NAGEL 2023/02/012023/02/02$14. 2023/02/072023/02/08CINTAS CORP$86.50BRYAN NAGEL CINTAS CORPBRYAN NAGEL 2023/02/072023/02/08$245.68 2023/02/082023/02/09CINTAS CORP$209.75BRYAN NAGEL CINTAS CORPBRYAN NAGEL 2023/02/082023/02/09$15.05 2023/02/082023/02/09CINTAS CORP$27.19BRYAN NAGEL CINTAS CORPBRYAN NAGEL 2023/02/082023/02/09$14.69 2023/02/082023/02/09CINTAS CORP$59.70BRYAN NAGEL NAPA STORE 3279016KEN NIELSEN 2023/01/282023/01/30$34.76 2023/02/072023/02/08PAYPAL *FIREMARSHAL$40.00JERRY NOVAK PSI SERVICES LLCMICHAEL NYE 2023/01/272023/01/30$175.00 2023/01/262023/01/30HEALTH CARE LOGISTICS INC$665.85KENNETH POWERS BOUND TREE MEDICAL LLCKENNETH POWERS 2023/02/032023/02/06$357.99 2023/02/062023/02/07LIFE ASSIST INC$251.76KENNETH POWERS BOUND TREE MEDICAL LLCKENNETH POWERS 2023/02/062023/02/08$895.38 2023/02/072023/02/08TELEFLEX LLC$1,330.00KENNETH POWERS TELEFLEX LLCKENNETH POWERS 2023/02/072023/02/08$15.50 2023/01/262023/01/300391-AUTOPLUS$168.29STEVEN PRIEM MIDWEST NEW RICHMONDSTEVEN PRIEM 2023/01/272023/01/30$1,125.67 2023/01/272023/01/310391-AUTOPLUS($10.99)STEVEN PRIEM 0391-AUTOPLUSSTEVEN PRIEM 2023/01/272023/01/31$118.71 2023/01/272023/02/01MIDWEST NEW RICHMOND($439.58)STEVEN PRIEM SHARROW LIFTING PRODUCTSSTEVEN PRIEM 2023/01/302023/01/31$72.20 2023/01/302023/01/31ZIEGLER INC COLUMBUS$447.33STEVEN PRIEM METRO PRODUCTS INCSTEVEN PRIEM 2023/01/312023/02/01$66.16 2023/02/012023/02/02COMOLUBE AND SUPPLIES INC$141.60STEVEN PRIEM TRI-STATE BOBCATSTEVEN PRIEM 2023/02/012023/02/02$93.13 2023/02/022023/02/060391-AUTOPLUS$118.02STEVEN PRIEM AN FORD WHITE BEAR LAKSTEVEN PRIEM 2023/02/032023/02/06$229.27 2023/02/062023/02/07POMPS TIRE 021$601.80STEVEN PRIEM FACTORY MOTOR PARTS (19)STEVEN PRIEM 2023/02/082023/02/09$17.74 2023/02/082023/02/09TRI-STATE BOBCAT$1,495.16STEVEN PRIEM MINNESOTA OCCUPATIONALTERRIE RAMEAUX 2023/02/072023/02/09$356.88 2023/02/072023/02/09MINNESOTA OCCUPATIONAL$1,070.00TERRIE RAMEAUX MIDWEST SECURITY PRODUCTMICHAEL RENNER 2023/02/012023/02/03$308.00 2023/02/022023/02/03AMAZON.COM*6Y6VY0XP3 AMZN$59.95AUDRA ROBBINS CINTAS CORPAUDRA ROBBINS 2023/02/022023/02/03$155.34 2023/02/022023/02/03CINTAS CORP$52.52AUDRA ROBBINS AMZN MKTP US*1J0R77YU3AUDRA ROBBINS 2023/02/072023/02/08$43.54 2023/02/072023/02/09CBT*RAMSEY CO ONLINE$714.00AUDRA ROBBINS Council Packet Page Number 76 of 198 G1, Attachments 2023/02/072023/02/09CBT*SVC FEE RAMSEY ME$17.78AUDRA ROBBINS THE HOME DEPOT #2801ROBERT RUNNING 2023/02/012023/02/03$53.71 2023/02/032023/02/06NAPA STORE 3279016($44.70)ROBERT RUNNING NAPA STORE 3279016ROBERT RUNNING 2023/02/032023/02/06$44.70 2023/02/032023/02/06NAPA STORE 3279016$41.63ROBERT RUNNING EVEREST EMERGENCY VEHICLERYAN SCHROEDER 2023/02/012023/02/02$384.42 2023/01/272023/01/30N-EAR$314.98STEPHANIE SHEA GALLSSTEPHANIE SHEA 2023/02/022023/02/03$1,229.50 2023/02/022023/02/03CINTAS CORP$83.10STEPHANIE SHEA IN *ENVUE TELEMATICS LLCSTEPHANIE SHEA 2023/02/032023/02/06$624.00 2023/02/082023/02/09MINNESOTA COUNTY ATTORNEY$11.00STEPHANIE SHEA STREICHER'S MOSTEPHANIE SHEA 2023/02/092023/02/10$5,056.70 2023/02/092023/02/10N-EAR$164.99STEPHANIE SHEA CINTAS CORPSTEPHANIE SHEA 2023/02/092023/02/10$83.10 2023/01/272023/01/30INTERNATIONAL ASSOCIATION$1,136.00KAYLA SPANDE CINTAS CORPKAYLA SPANDE 2023/02/072023/02/08$49.24 2023/02/082023/02/09AMZN MKTP US*H96E68YQ0 AM$105.99KAYLA SPANDE AMZN MKTP US*B974T6LJ3KAYLA SPANDE 2023/02/092023/02/10$161.10 2023/01/272023/01/30BREEZY POINT RESORT INTL$277.02JOSEPH STEINER BCA TRAINING EDUCATIONJOSEPH STEINER 2023/01/272023/01/30$300.00 2023/01/302023/02/01MOCIC$200.00JOSEPH STEINER DUNAWAY CUSTOM ARMS LLCBRIAN TAUZELL 2023/01/272023/01/30$429.99 2023/01/292023/01/31ANIMAL EMERGENCY REFERR$1,482.83BRIAN TAUZELL EX *6825919 STEINERBRIAN TAUZELL 2023/01/312023/02/01$184.43 2023/02/042023/02/07WWW.BROWNELLSINC.COM$120.46BRIAN TAUZELL FUSION LEARNING PARTNERS00JORDAN WARDELL 2023/02/072023/02/09$350. 2023/01/302023/01/31SOL*SNAP-ON INDUSTRIAL$117.70JEFF WILBER NTE 5413JEFF WILBER 2023/02/092023/02/10$69.95 2023/01/302023/01/31TRI-STATE BOBCAT$154.12MATT WOEHRLE WHEELCO NEWPORTMATT WOEHRLE 2023/02/012023/02/02$25.49 2023/02/082023/02/10AN FORD WHITE BEAR LAK$346.32MATT WOEHRLE TRI-STATE BOBCATMATT WOEHRLE 2023/02/092023/02/10$297.06 2023/01/312023/02/01ROSEDALE CHEVROLET$35.37BOON XIONG TRI-STATE BOBCATBOON XIONG 2023/02/022023/02/03$651.27 $51,422.37 Council Packet Page Number 77 of 198 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT incl in Amount 02/17/23ABRAMS, MARYLEE649.6046.75 02/17/23CAVE, REBECCA530.61 02/17/23JUENEMANN, KATHLEEN530.61 02/17/23LEE, CHONBURI530.61 02/17/23VILLAVICENCIO, NICHOLE530.61 02/17/23COLEMAN, MELINDA7,536.00 02/17/23DARROW, MICHAEL5,128.63 02/17/23KNUTSON, LOIS3,506.39 02/17/23CHRISTENSON, SCOTT2,504.92 02/17/23DOUGLASS, TOM2,944.17 02/17/23JAHN, DAVID2,815.54 02/17/23LENTINI, LINDSAY2,988.72 02/17/23RAMEAUX, THERESE8,913.325,034.18 02/17/23AEILTS, LAUREN2,312.99 02/17/23JACOBSON, CARL4,391.84 02/17/23RACETTE, THOMAS2,813.61 02/17/23RUEB, JOSEPH5,537.84 02/17/23STANLEY, JENNIFER3,611.41 02/17/23ARNOLD, AJLA1,086.14 02/17/23CROSS, JULIA2,109.60 02/17/23EVANS, CHRISTINE2,633.60 02/17/23LARSON, MICHELLE2,387.20 02/17/23SCHORR, JENNIFER1,967.39 02/17/23SINDT, ANDREA4,058.38 02/17/23HANSON, MELISSA2,235.20 02/17/23HOC KBEIN, JUDY1,298.99 02/17/23KRAMER, PATRICIA1,431.20 02/17/23MOY, PAMELA1,939.53 02/17/23OSTER, ANDREA2,391.82 02/17/23VITT, JULIANNE2,164.99 02/17/23WEAVER, KRISTINE3,593.75 02/17/23WEISER, PETER1,138.62 02/17/23BENJAMIN, MARKESE3,766.54 02/17/23BERGERON, ASHLEY4,520.30 02/17/23BIERDEMAN, BRIAN6,143.79 02/17/23BROWN, RAE4,799.78 02/17/23BURT-MCGREGOR, EMILY4,245.94 02/17/23BUSACK, DANIEL5,574.67 02/17/23CLAYTON, STEVEN3,635.62 02/17/23COLEMAN, ALEXANDRA195.09 02/17/23CONDON, MITCHELL4,086.47 02/17/23CRUZ, TREANA2,918.71 02/17/23DEMULLING, JOSEPH4,694.11 02/17/23DUGAS, MICHAEL5,040.25 02/17/23FORSYTHE, MARCUS4,143.37 02/17/23FRITZE, DEREK4,194.47 02/17/23GABRIEL, ANTHONY4,484.75 02/17/23GEISELHART, BENJAMIN3,725.24 02/17/23GIVAND, JONATHAN3,745.94 Council Packet Page Number 78 of 198 G1, Attachments 02/17/23GREEN, JAMIE3,560.33 02/17/23HAWKINSON JR, TIMOTHY3,845.83 02/17/23HENDRICKS, JENNIFER2,294.40 02/17/23HER, PHENG3,940.50 02/17/23HER, TERRELL3,083.54 02/17/23HOEMKE, MICHAEL5,040.25 02/17/23JOHNSON, BARBARA644.00 02/17/23KADEN, JACOB1,608.88 02/17/23KANDA, MADELINE3,261.68 02/17/23KIM, WINSTON3,174.76 02/17/23KONG, TOMMY3,870.10 02/17/23KORAN, MARIE414.00 02/17/23KROLL, BRETT4,226.91 02/17/23KUCHENMEISTER, GINA2,327.20 02/17/23KUCHENMEISTER, JASON2,631.36 02/17/23LATOUR, HAYLEY2,109.60 02/17/23LENERTZ, NICHOLAS3,615.72 02/17/23LYNCH, KATHERINE3,395.42 02/17/23MARINO, JASON4,660.26 02/17/23MARK, OLAF3,635.62 02/17/23MATTHEIS, TAWNY2,959.93 02/17/23MORALES, MARIO1,948.19 02/17/23MURRAY, RACHEL4,378.86 02/17/23NYE, MICHAEL4,624.04 02/17/23PARKER, JAMES4,047.56 02/17/23PASDO, JOSEPH3, 028.15 02/17/23PETERS, DANIEL3,770.19 02/17/23QUIRK, JAMES2,931.19 02/17/23RETHWILL, SCOTT3,682.47 02/17/23SALCHOW, CONNOR4,230.14 02/17/23SANCHEZ, ISABEL2,987.29 02/17/23SHEA, STEPHANIE2,825.45 02/17/23STARKEY, ROBERT4,116.35 02/17/23STEINER, JOSEPH5,040.25 02/17/23STOCK, AUBREY3,885.71 02/17/23SUEDKAMP, ADAM3,871.02 02/17/23SWETALA, NOAH3,572.54 02/17/23TAUZELL, BRIAN5,019.44 02/17/23WENZEL, JAY3,870.10 02/17/23WIETHORN, AMANDA3,749.22 02/17/23XIONG, KAO3,870.10 02/17/23XIONG, PETER2,747.02 02/17/23XIONG, TUOYER3,531.91 02/17/23YANG, THANG2,901.55 02/17/23ZAPPA, ANDREW4,108.61 02/17/23BARRETTE, CHARLES 5,646.55 02/17/23BAUMAN, ANDREW3,441.22 02/17/23BEITLER, NATHAN3,043.82 02/17/23BERG, TERESA1,240.00 02/17/23CAMPBELL, MACLANE2,692.05 02/17/23COOK, TANNER2,727.58 02/17/23CRAWFORD JR, RAYMOND3,470.49 02/17/23CRUMMY, CHARLES3,516.50 02/17/23DABRUZZI, THOMAS3,922.95 02/17/23DAVISON, BRADLEY3,496.03 02/17/23HAGEN, MICHAEL3,409.48 02/17/23HALWEG, JODI3,517.08 Council Packet Page Number 79 of 198 G1, Attachments 02/17/23HAWTHORNE, ROCHELLE3,656.01 02/17/23KUBAT, ERIC4,287.98 02/17/23LANDER, CHARLES3,409.48 02/17/23LANIK, JAKE3,106.79 02/17/23MALESKI, MICHAEL3,905.43 02/17/23MCGEE, BRADLEY3,901.06 02/17/23MERKATORIS, BRETT4,899.99 02/17/23MONDOR, MICHAEL5,611.02 02/17/23NEILY, STEVEN3,641.42 02/17/23NELSON, GRADON3,142.99 02/17/23NIELSEN, KENNETH3,667.55 02/17/23NOVAK, JEROME3,823.55 02/17/23POWERS, KENNETH4,194.41 02/17/23SCHROEDER, RYAN4,437.60 02/17/23SEDLACEK, JEFFREY3,466.14 02/17/23SKARA, MICHAEL2,743.93 02/17/23SPANDE, KAYLA2,340.99 02/17/23WARDELL, JORDAN3,946.60 02/17/23WILLIAMSON, MICHAEL3,273.11 02/17/23WILSON, DAMARI555.75 02/17/23ZAPPA, ERIC3,280.46 02/17/23CORTESI, LUANNE2,387.20 02/17/23JANASZAK, MEGHAN3,433.68 02/17/23BRINK, TROY3,225.78 02/17/23BUCKLEY, BRENT2,779.10 02/17/23EDGE, DOUGLAS2, 036.81 02/17/23HERBST, JONATHEN2,081.50 02/17/23JONES, DONALD2,753.43 02/17/23JORDAN, TIMOTHY2,119.39 02/17/23JORGENSON, ANDREW1,900.70 02/17/23MEISSNER, BRENT2,744.79 02/17/23MLODZIK, JASON2,488.09 02/17/23NAGEL, BRYAN4,767.00 02/17/23RUNNING, ROBERT3,090.30 02/17/23TEVLIN, TODD2,757.41 02/17/23BURLINGAME, NATHAN3,503.44 02/17/23DUCHARME, JOHN3,441.42 02/17/23ENGSTROM, ANDREW3,436.80 02/17/23JAROSCH, JONATHAN4,643.77 02/17/23LINDBLOM, RANDAL3,441.45 02/17/23LOVE, STEVEN6,169.43 02/17/23STRONG, TYLER3,527.17 02/17/23CAMPBELL, NOAH117.00 02/17/23GERNES, CAROLE2,903.39 02/17/23GORACKI, CECELIA156.00 02/17/23HERBER, GREGORY 312.00 02/17/23JORGENSON, SETH91.00 02/17/23MAKENS, ELLA39.00 02/17/23MCKANE, QUINN471.25 02/17/23SHELBY - VAZQUEZ, CECILIA195.00 02/17/23SIMONS, TYSEN39.00 02/17/23FRIBERG, DAVID2,289.29 02/17/23HAYS, TAMARA3,201.43 02/17/23HINNENKAMP, GARY3,781.27 02/17/23NAUGHTON, JOHN2,781.41 02/17/23ORE, JORDAN2,712.79 02/17/23STOKES, KAL2,395.29 Council Packet Page Number 80 of 198 G1, Attachments 02/17/23BEGGS, REGAN2,579.29 02/17/23HAMMOND, ELIZABETH2,643.23 02/17/23JOHNSON, ELIZABETH2,527.39 02/17/23JOHNSON, RANDY4,780.89 02/17/23KROLL, LISA2,419.33 02/17/23PARR, DANETTE6,504.30 02/17/23FINWALL, SHANN2,090.61 02/17/23MARTIN, MICHAEL4,347.48 02/17/23LENTZ, DANIEL3,149.79 02/17/23THIENES, PAUL2,273.26 02/17/23WESTLUND, RONALD2,860.99 02/17/23YOUNG, MATTHEW2,776.00 02/17/23WELLENS, MOLLY2,657.30 02/17/23BJORK, BRANDON120.25 02/17/23BRENEMAN, NEIL3,370.91 02/17/23CAMPBELL, KEVIN214.50 02/17/23GORACKI, GERALD338.50 02/17/23HANSEN, MICHAEL273.00 02/17/23LO, SATHAE271.50 02/17/23MOORE, PATRICK305.50 02/17/23ROBBINS, AUDRA4,755.52 02/17/23WHITE, LINDA234.00 02/17/23BERGO, CHAD4,140.68242.07 02/17/23SCHMITZ, KEVIN2,453.29 02/17/23SHEERAN JR, JOSEPH4,498.64 02/17/23ADAM S, DAVID2,947.39 02/17/23JENSEN, JOSEPH2,908.32 02/17/23SCHULTZ, SCOTT4,739.00 02/17/23WILBER, JEFFREY2,804.55 02/17/23PRIEM, STEVEN3,054.12 02/17/23WOEHRLE, MATTHEW3,171.92 02/17/23XIONG, BOON2,777.69 02/17/23FOWLDS, MYCHAL5,129.70 02/17/23FRANZEN, NICHOLAS4,876.90 02/17/23GERONSIN, ALEXANDER3,351.70 02/17/23RENNER, MICHAEL2,994.25 5,323.00 616,137.99 Council Packet Page Number 81 of 198 G2 Council Packet Page Number 82 of 198 G2 Council Packet Page Number 83 of 198 G2, Attachment 1 Council Packet Page Number 84 of 198 G2, Attachment 2 Council Packet Page Number 85 of 198 G3 Council Packet Page Number 86 of 198 G3, Attachment 1 Council Packet Page Number 87 of 198 G3, Attachment 1 Council Packet Page Number 88 of 198 G3, Attachment 1 Council Packet Page Number 89 of 198 G3, Attachment 1 Council Packet Page Number 90 of 198 G3, Attachment 1 Council Packet Page Number 91 of 198 G3, Attachment 1 Council Packet Page Number 92 of 198 G3, Attachment 1 Council Packet Page Number 93 of 198 G3, Attachment 1 Council Packet Page Number 94 of 198 G3, Attachment 1 Council Packet Page Number 95 of 198 G3, Attachment 1 Council Packet Page Number 96 of 198 G3, Attachment 1 Council Packet Page Number 97 of 198 G3, Attachment 1 Council Packet Page Number 98 of 198 G3, Attachment 1 Council Packet Page Number 99 of 198 G3, Attachment 1 Council Packet Page Number 100 of 198 G3, Attachment 1 Council Packet Page Number 101 of 198 G4 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Used Auto Sales, 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 used auto sales on the property located at 1955 County Road D East, is due for its annual review. Recommended Action: Motion to approve the CUP review for used auto sales on the property 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 enter amount or $0.00. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires conditional use permits to 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 or specific term for subsequent reviews, not to exceed five years. 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. All conditions of the CUP have been achieved, though the site is currently vacant. Staff recommends reviewing the CUP again in one year to ensure site conditions remain compliant should a new business begin operating on the property. Council Packet Page Number 102 of 198 G4 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. October 11, 2021: The City renewed the CUP and approved it for one year. 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 2. City Council Meeting Minutes Council Packet Page Number 103 of 198 G4, Attachment 1 1955 County Road D East December 2, 2018 City of Maplewood Information Overview Map Legend ! I 0190 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 104 of 198 G4, Attachment 2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 28, 2019 City Hall, Council Chambers Meeting No. 02-19 G.CONSENT AGENDA 5.Conditional Use Permit Resolution, Used Auto Sales, 1955 County Road D East ove the conditional use permit resolution for Councilmember Juenemann moved to appr a used auto sales dealership at 1955 County Road D East. Resolution 19-01-1653 Conditional Use Permit Resolution WHEREAS, Joshua Burrs, on behalf of The Car Buying Center, has applied for a conditional use permit for a used auto sales dealership at 1955 County Road D East. WHEREAS, conditional use permits are required for the sale of used motor vehicles within the City of Maplewood according to section 44-512. WHEREAS, this permit applies to the site at 1955 County Road D East. The legal description is: Lot 1, Block 3, Viking Development Addition, according to the recorded plat thereof described as follows: Commencing at the southeast corner of said Lot 1; thence on an assumed bearing of West, along the south line of said Lot 1, a distance of 145.00 feet to the point of beginning of the land to be described; thence continuing west, along said south line, a distance of 140.00 feet; thence on a bearing of North a distance of 236.91 feet; to the north line of said Lot 1; thence South 82 degrees 57 minutes 00 secounds East, along said north line, a distance of 141.07 feet, to the intersection with a line bearing North from the point of beginning; thence on a bearing of South a distance of 219.59 feet, to the point of beginning. Ramsey County, Minnesota. (PIN 35-30-22-34-0015). WHEREAS, the history of this conditional use permit revision is as follows: 1.On January 15, 2019, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the conditional use permit revision. 2.On January 28, 2019, the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit because: Council Packet Page Number 105 of 198 G4, Attachment 2 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. Any exterior improvements would require city review for design approval. 2. The applicant shall comply with all requirements set forth in the building report dated January 7, 2019 by Jason Brash, Building Official. 3. The applicant shall not display vehicles in the parking spaces directly in front of the building – on east side of building – nor in designated customer and employee parking spaces. Vehicles on display are restricted to the east and north sides of the building. 4. The dealership shall only park vehicles on designated paved surfaces. 5. Prior to issuance of a building permit the applicant must submit a detailed photometric plan to staff if there would be any new site lights installed. The plan should comply with city lighting code. 6. Prior to issuance of a certificate of occupancy the applicant must: 1) Restripe the parking lot. 2) Clear the site of all trash and debris. Council Packet Page Number 106 of 198 G4, Attachment 2 3) Construct trash and dumpster enclosure subject to city code requirement, unless trash dumpsters are stored indoors. 4) Work with the Police Department to create an anti-theft environment. 7. The applicant shall not undertake any auto repair works on the site except for minor detailing work to prepare cars for sale. 8. All signs require a separate sign permit and must meet city code requirements. 9. The city council shall review this permit in one year. Seconded by Councilmember Smith Ayes – All The motion passed. Council Packet Page Number 107 of 198 G5 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Ridge Periodontics, 3033 Hazelwood Street North Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for Ridge Periodontics, located at 3033 Hazelwood Street North, is due for its annual review. Recommended Action: Motion to approve the CUP review for Ridge Periodontics, located at 3033 Hazelwood Street North, 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires conditional use permits to 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 or specific term for subsequent reviews, not to exceed five years. Background: The city approved a conditional use permit and design plans for a new dental clinic at 3033 Hazelwood Street North on January 10, 2022. The permit allows the dental clinic building to be constructed within 350 feet of residentially zoned property. The project is currently under construction and in good standing with the city. Council Packet Page Number 108 of 198 G5 According to the city’s building division, the sign footing, underground plumbing, building footings, foundation walls, and anchorage have all been inspected and approved. There were initially some delays in obtaining construction materials for the exterior walls, which are now approximately 90% complete. The contractor has not indicated a projected opening date. Staff recommends reviewing the CUP again in one year to ensure site conditions are compliant. Timeline/Previous Actions January 10, 2022: The City approved a resolution for a conditional use permit for a dental clinic to be constructed on the property. Reference Information Site Description Site Size: 1.86 acres Existing Land Use: Vacant/Under Construction Surrounding Land Uses North: County Road D East and Bruce Vento Trail South: Cardinal Point, Senior Cooperative Housing East: Conifer Ridge Apartments West: County Road D East and Excel Energy Substation Planning Existing Land Use: Commercial Existing Zoning: Light Manufacturing Attachments: 1. Overview Map 2. City Council Meeting Minutes Council Packet Page Number 109 of 198 G5, Attachment 1 Council Packet Page Number 110 of 198 G5, Attachment 2 Council Packet Page Number 111 of 198 G5, Attachment 2 Council Packet Page Number 112 of 198 G5, Attachment 2 Council Packet Page Number 113 of 198 G5, Attachment 2 Council Packet Page Number 114 of 198 G5, Attachment 2 Council Packet Page Number 115 of 198 G6 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Erskine Wood Floors, 2728 Geranium Avenue East Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) review for Erskine Wood Floors, located at 2728 Geranium Avenue East, is due for its annual review. Recommended Action: Motion to approve the CUP review for Erskine Wood Floors, located at 2728 Geranium Avenue 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment City ordinance requires conditional use permits to 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 or specific term for subsequent reviews, not to exceed five years. Background: The city approved a conditional use permit amendment for Erskine Wood Floors to allow indoor and outdoor storage on the property on January 10, 2022. Staff inspected the site and found that the trash enclosure had been removed. The owner has indicated that it was in disrepair and that they do not need the large trash receptacles that were on site previously. However, the two trash dumpsters are still on the property and not screened. Council Packet Page Number 116 of 198 G6 Staff will work with the owner in the coming months to ensure that the two large trash receptacles are either removed or the trash enclosure is rebuilt. Other than the trash receptacle issue, the site complies with the CUP conditions and is in good standing with the city. Staff recommends reviewing the CUP again in one year to ensure site conditions are compliant. Timeline/Previous Actions January 26, 2015: The City approved a CUP for indoor storage to store collector automobiles within the building. January 10, 2022: The City approved a CUP amendment to allow indoor storage and outdoor storage on the property. Reference Information Site Description Site Size: 1.75 acres Existing Land Use: Erskine Wood Floors Surrounding Land Uses North: Geranium Avenue and Landscaping Business South: Holiday Gas Station East: Century Avenue and Oakdale Commercial Properties West: Single Family Home and Office Building Planning Existing Land Use: Mixed-Use, Neighborhood Existing Zoning: BC, Business Commercial Attachments: 1. Overview Map 2. City Council Meeting Minutes Council Packet Page Number 117 of 198 G6, Attachment 1 Council Packet Page Number 118 of 198 G6, Attachment 2 Council Packet Page Number 119 of 198 G6, Attachment 2 Council Packet Page Number 120 of 198 G6, Attachment 2 Council Packet Page Number 121 of 198 G7 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, AICP, Assistant Community Development Director PRESENTER: Danette Parr, Community Development Director AGENDA ITEM: Resolution Approving Land Exchange Agreement with Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota for the Exchange of 1900 Clarence Street North and the Surface Parking Lot Adjacent to 1375 Frost Avenue Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: At the September 26, 2022 meeting, the City Council approved a letter of intent to exchange surface lots located at 1900 Clarence Street North and the lot adjacent to 1375 Frost Avenue East. The City Council is now asked to approve and execute the Land Exchange Agreement. Recommended Action: Motion to approve the resolution authorizing execution of the Land Exchange Agreement with Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota for the exchange of surface lots located at 1900 Clarence Street North and the lot adjacent to 1375 Frost Avenue East. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: N/A. Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The exchange of the properties is consistent with the city’s strategic plan. The exchange of surface lots will work to facilitate the redevelopment of 1375 Frost Avenue as part of the city’s Gladstone Neighborhood redevelopment strategy. Background: On May 5, 2022, the city and Beacon Interfaith Housing Collaborative entered into a purchase agreement for the purchase of 1375 Frost Avenue East as part of Beacon’s proposed 40-unit multi- family residential project. As part of that purchase agreement, it was stated that Beacon Interfaith Housing Collaborative and the city will work with the Philippine Center of Minnesota to facilitate a Council Packet Page Number 122 of 198 G7 swap of parking lot properties – giving Beacon Interfaith Housing Collaborative a larger development site and the Philippine Center of Minnesota a parking lot adjacent to their building. Letter of Intent At the September 26, 2022, meeting the City Council approved a letter of intent that would facilitate the swap of surface lots between the city and the Philippine Center of Minnesota then allowing Beacon to acquire the surface lot on Frost Avenue from the city as dictated by the terms stated in the May 5, 2022 purchase agreement. The major points of the letter of intent included the following terms: Zero dollar exchange 90-day due diligence period There are no brokerage fees due in connection with the exchange of the properties. Next Steps The attached Land Exchange Agreement contains the terms approved in the letter of intent and has been executed by Beacon Interfaith Housing Collaborative and the Philippine Center of Minnesota. Beacon Interfaith Housing Collaborative is excepted to submit land use applications for its project later this spring. Attachments: 1. Overview Map 2. Resolution Authorizing Execution of the Land Exchange Agreement 3. Land Exchange Agreement Council Packet Page Number 123 of 198 G7, Attachment 1 Overview Map September 20, 2022 City of Maplewood 1960 1941 13511940 1938 1347 1375 1344 1350 1900 1380 Legend ! I 1896 1899 1893 1889 1890 0120 Feet Source: City of Maplewood, Ramsey County 1881 Council Packet Page Number 124 of 198 G7, Attachment 2 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION NO. ___________ RESOLUTION APPROVING LAND EXCHANGE AGREEMENT WHEREAS, the City of Maplewood (the “City”) is the owner of certain real property located at 1900 Clarence Avenue in Maplewood, Minnesota (the “City Property”); and WHEREAS, The Philippine Center of Minnesota (the “Center”) is the owner of certain real property located at the northeast quadrant of Frost Avenue and Clarence Street in Maplewood, Minnesota (the “Center Property”); and WHEREAS, the City, the Center and Beacon Acquisition, LLC (“Beacon”) have negotiated a land exchange agreement (the “Land Exchange Agreement”) regarding the exchange of the City Property and the Center Property; and WHEREAS, the Land Exchange Agreement is in furtherance of the Purchase Agreement between the City and Beacon regarding the sale and development of the property at 1375 Frost Avenue. 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 Land Exchange Agreement is hereby approved and the Mayor and City Manager are authorized and directed to execute said Agreement on behalf of the City. 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. th Approved this 27day of February, 2023, by the City Council of the City of Maplewood, Minnesota. CITY OF MAPLEWOOD, MINNESOTA Marylee Abrams, Mayor Attest: Andrea Sindt, City Clerk 1 MA745-40-853058.v1 Council Packet Page Number 125 of 198 G7, Attachment 3 EXECUTION COPY LAND EXCHANGE AGREEMENT THIS LAND EXCHANGE AGREEMENT (the “Land Exchange Agreement”) is made as of this ___ day of _______________, 2023 (the “Effective Date”), by and among the city of Maplewood, a municipal corporation under the laws of Minnesota (the “City”), and Beacon Acquisition, LLC, a Minnesota limited liability company (“Beacon”), and the Philippine Center of Minnesota, a Minnesota Nonprofit Corporation (the “Center”). The City, Beacon, and the Center are each referred to herein as a “Party”, any two together as the “Parties” or collectively as “All Parties.” The Effective Date written above shall be the date this Land Exchange Agreement is signed by the final Party. Recitals WHEREAS, the City is the owner of that certain real property located at 1900 Clarence Street, Maplewood, Ramsey County, Minnesota, and consisting of approximately .61 acres, which property is legally described on the attached Exhibit A (the “City Property”); and WHEREAS, the Center is the owner of that certain real property located at the NE quadrant of Frost Avenue and Clarence Street, Maplewood, Ramsey County, Minnesota, and consisting of approximately .42 acres, which property is legally described on the attached Exhibit B (the “Center Property”); and WHEREAS, Beacon and the City have entered into a purchase agreement dated May 5, 2022 for the City Property and for certain property at 1375 Frost Avenue abutting the Center Property, which purchase agreement was amended by a first amendment dated November 14, 2022. For the purposes of this Land Exchange Agreement, the May 5, 2022 purchase agreement and the November 14, 2022 first amendment thereto are collectively referred to herein as (the “Purchase Agreement”(; and WHEREAS, the City wishes to acquire the Center Property for the sole reason of transferring the Center Property to Beacon as required under the Purchase Agreement; and Beacon wishes to acquire the Center Property from the City for use together with the property at 1375 Frost Avenue under certain terms and conditions as set forth the Purchase Agreement; and WHEREAS, the Center would like to acquire the City Property for use as a parking lot; and WHEREAS, All Parties acknowledge that this Land Exchange Agreement is in furtherance of and a condition of the project contemplated under the Purchase Agreement and will occur concurrently with Beacon and the City closing on the purchase of the property that is subject to the Purchase Agreement. Terms of the Agreement NOW, THEREFORE, in consideration of the mutual promises contained in this Land Exchange Agreement, AllParties hereby agree as follows: 1 MA745-40-827278.v5-1/26/23 Council Packet Page Number 126 of 198 G7, Attachment 3 1. Recitals. The Recitals set forth above in the preamble to this Land Exchange Agreement and the Exhibits attached to this Land Exchange Agreement are incorporated into this Land Exchange Agreement as if fully set forth herein. 2. Offer/Acceptance for Exchange of Property. In consideration of the mutual agreements contained herein, and other good and valuable consideration, the City offers and agrees to convey any interest that it has in the City Property to the Centerand the Centeroffers and agrees to convey any interest that it has in the Center Property to the City, pursuant to the terms and conditions of this Land Exchange Agreement. The City and the Center each accept the parcel so offered. 3. Purchase Price and Terms. The City and the Center acknowledge and agree that, except for the exchange of each Property and the other terms set forth in this Land Exchange Agreement, no purchase price or other consideration shall be paid to the City or the Center under this Land Exchange Agreement. 4. Valuefor State Deed Tax Purposes. For purposes of determining values for State Deed Tax, the parties agree that the value of the City Property is $500 and the value of the Center Property is $500. 5. Closing. The closing on the exchange of the City Property and the Center Property (the “Closing”) shall occur concurrently with the closing provided for in the Purchase Agreement. Closing shall occur at the office of Guaranty Commercial Title, Inc., whose principal offices are at 465 Nicollet Mall, Suite 230, Minneapolis, MN 55401(the “Title Company”), or at such other location as the Parties may agree. Beacon shall have the right to extend the Closing Date for an additional 30 days. 6. Deed/Marketable Title. Subject to performance by the Center, the City agrees to execute and deliver on the Closing Date a quit claim deed conveying title to the City Property to the Center (the “City Property Deed”), free and clear of all encumbrances subject only to the following exceptions: a. Building and zoning laws, ordinances, statelaw and regulations, and federallaw and regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Right-of-way, utility, and drainage easements that do not interfere with the Center’s intended use of the property as shown on the Plat. Subject to performance by the City, the Center agrees to execute and deliver on the Closing Date a quit claim deed conveying title to the Center Property to the City (the “Center Property Deed”), free and clear of all encumbrances subject only to the following exceptions: 2 MA745-40-827278.v5-1/26/23 Council Packet Page Number 127 of 198 G7, Attachment 3 a. Building and zoning laws, ordinances, state law and regulations, and federal law and regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. c. Right-of-way, utility, and drainage easements that do not interfere with Beacon’s intended use of the property as shown on the Plat. 7. Due Diligence Period. Until 5:00 pm CST on May 1, 2023(the “Beacon Due Diligence Period”), Beacon will have the absolute right to cancel this Land Exchange Agreementby written notice if in Beacon’s sole and absolute discretion: (a) Beacon is unsatisfied with Beacon’s review of the Center Property Information (as defined herein) and of the results of any matters disclosed by Beacon’s review, inspection, investigation and testing of the Center Property (collectively, the “Center Property Information”), including without limitation, acceptable title, analysis of any conditions affecting the Center Property, zoning restrictions, governmental approvals and permits, easements and covenants, access and parking, utility availability, connections and access, surveys, engineering inspections, soils, geotechnical and wetlands, which Beacon in its sole and absolute discretion deems necessary and appropriate; (b) Beacon is unsatisfied with the information provided in the Phase I and any another environmental report in the Center’s possession that shall be provided to Beacon; or (c) Beacon is unsatisfied with the information provided in the ALTA survey for the Center Property which shall be provided by the Center to Beacon within thirty (30) days of the execution of this Land Exchange Agreement. Until 5:00 pm CST on April 30, 2023, (the “Center Due Diligence Period”), the Center will have the absolute right to cancel this Land Exchange Agreement by written notice if in the Center’s sole and absolute discretion: (a) the Center is unsatisfied with Center’s review of the City Property Information (as defined herein) and of the results of any matters disclosed by the Center’s review, inspection, investigation and testing of the City Property (collectively, the “City Property Information”), including without limitation, analysis of any conditions affecting the Property, zoning restrictions, governmental approvals and permits, easements and covenants, access and parking, utility availability, connections and access, surveys, engineering inspections, soils, geotechnical and wetlands, which the Centerin its sole and absolute discretion deems necessary and appropriate; (b) the Center is unsatisfied with the information provided in the Phase I and any other environmental report in the City’s possession that shall be provided to the Center; or (c) the Center is unsatisfied with the information provided in the ALTA survey for the City Property which shall be provided to the Center by the City within thirty (30) days of the execution of this Land Exchange Agreement. 8. Extension of Beacon Due Diligence Period. Beacon shall have the option to extend the Beacon Due Diligence Period concurrently with any permitted Extension Period as defined in the Purchase Agreement for the length ofand concurrent with such Extension Period. Beacon must notify the City and the Center in writing prior to the termination of the Beacon Due Diligence Period if it intends to implement anExtension Period, as defined by the Purchase Agreement. 3 MA745-40-827278.v5-1/26/23 Council Packet Page Number 128 of 198 G7, Attachment 3 9. City Representations and Warranties. a. Title. The City has good and marketable fee simple title to the City Property, subject only to such encumbrances which are of record or are otherwise specified herein. There are no unrecorded leases or licenses affecting the City Property except for those expressly detailed herein. b. Condemnation. There is no pending or, to the actual knowledge of the City, threatened condemnation or similar proceeding affecting the City Property or any portion thereof, and the City has no actual knowledge that any such action is contemplated. c. Legal Authority/Capacity. The City has full power and authority to enter into and perform this Land Exchange Agreement in accordance with its terms. d. Leases. The City represents that there are no third parties in possession of the City Property, or any part thereof; and that there are no leases, oral or written, affecting the City Property or any part thereof. e. Foreign Status. The City is not a “foreign person” as such term is defined in the Internal Revenue Code. f. Methamphetamine Production. To the best of the City’s knowledge, methamphetamine production has not occurred on the City Property. g. Wells. To the best of City’s knowledge, there are no wells (as defined in Minnesota Stat. § 1031.005, subd. 21) on the City Property. h. Sewer Treatment Systems. To the best of City’s knowledge, there is no individual sewage treatment system (as defined in Minnesota Stat. § 115.55, subd. l(g)) located on or about the City Property or serving the City Property. The City’s representations and warranties set forth in paragraphs 9(a) through 9(h) shall be continuing and are deemed to be material to the Center’s execution of this Land Exchange Agreement and the Center’s performance of its obligations hereunder. All such representations and warranties shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time. 10. Center Representations and Warranties. a. Title. The Center has good and marketable fee simple title to the Center Property, subject only to such encumbrances which are of record or are otherwise specified herein. There are no unrecorded leases or licenses affecting the Center Property except for those expressly detailed herein. 4 MA745-40-827278.v5-1/26/23 Council Packet Page Number 129 of 198 G7, Attachment 3 b. Condemnation. There is no pending or, to the actual knowledge of the Center, threatened condemnation or similar proceeding affecting the Center Property or any portion thereof, and the Center has no actual knowledge that any such action is contemplated. c. Legal Authority/Capacity. The Center has full power and authority to enter into and perform this Land Exchange Agreement in accordance with its terms. d. Leases. The Center represents that there are no third parties in possession of the Center Property, or any part thereof; and that there are no leases, oral or written, affecting the Center Property or any part thereof. e. Foreign Status. The Center is not a “foreign person” as such term is defined in the Internal Revenue Code. f. Methamphetamine Production. To the best of the Center’s knowledge, methamphetamine production has not occurred on the Center Property. g. Wells. To the best of Center’s knowledge, there are no wells (as defined in Minnesota Stat. § 1031.005, subd. 21) on the Center Property. h. Sewer Treatment Systems. To the best of Center’s knowledge, there is no individual sewage treatment system (as defined in Minnesota Stat. § 115.55, subd. l(g)) located on or about the Center Property or serving the Center Property. The Center’s representations and warranties set forth in paragraphs 10(a) through 10(h) shall be continuing and are deemed to be material to the City’s and Beacon’s execution of this Land Exchange Agreement and the City’s performance of its obligations hereunder. All such representations and warranties shall be true and correct on and as of the Closing Date with the same force and effect as if made at that time. 11. Documents to be Delivered at Closing. a. In addition to the Quit Claim Deed required by paragraph 6 above, the City shall deliver to the Center: 1. Standard form Affidavit of Seller. 2. Well disclosure certificate, if required, or, if there is no well on the City Property, the Deed given pursuant to paragraph 6 above must include the following statement: “The City certifies that the City does not know of any wells on the described real property.” 3. A Methamphetamine Disclosure Certificate; if required. 5 MA745-40-827278.v5-1/26/23 Council Packet Page Number 130 of 198 G7, Attachment 3 4. Copies of any written lease or similar agreements affecting the City Property, if any, and details of any oral lease agreements affecting the City Property, if any, and evidence of the termination of any such agreements. 5. Any other documents reasonably required by the Center’s title insurance company or attorney to evidence that title to the City Property is marketable and that the City has complied with the terms of this Land Exchange Agreement. 6. Certified copies of the City Council resolution approving this Land Exchange Agreement. b. In addition to the Quit Claim Deed required by paragraph 6 above, the Center shall deliver to the City: 1. Standard form Affidavit of Seller. 2. Certified copies of the Center’s Board of Directors approving this Land Exchange Agreement. 3. Well disclosure certificate, if required, or, if there is no well on the Center Property, the Deed given pursuant to paragraph 6 above must include the following statement: “The Philippine Center of Minnesota certifies that the Philippine Center of Minnesota does not know of any wells on the described real property.” 4. A Methamphetamine Disclosure Certificate; if required. 5. Copies of any written lease or similar agreements affecting the Center Property, if any, and details of any oral lease agreements affecting the Center Property, if any, and evidence of the termination of any such agreements. 6. Any other documents reasonably required by the City’s or Beacon’s title insurance company or attorney to evidence that title to the Center Property is marketable and that the Center has complied with the terms of this Land Exchange Agreement. 12. Marketability of Title. Within a reasonable time after approval and execution of this Land Exchange Agreement by All Parties, Beacon may order a title insurance commitment for the Center Property at its expense. Beacon shall have forty-five (45) days after receipt of the Title Commitment to obtain a survey of the Center Property. Beacon shall have 10 business days after receipt of its title commitment and the survey to examine the same and to deliver written objections to title and any matter disclosed by the survey, if any, to the Center. The Center shall have 20 days after receipt of written objections to cure title defects, at the Center’s cost. In the event, that title to the parcel cannot be made marketable 6 MA745-40-827278.v5-1/26/23 Council Packet Page Number 131 of 198 G7, Attachment 3 by the Center by the Closing Date, then, at the option of the Beacon or the City, this Land Exchange Agreement shall be null and void. Within a reasonable time after approval and execution of this Land Exchange Agreement by All Parties, the Center may order a title insurance commitment for the City Property at its expense. The Center shall have forty-five (45) days after receipt of the Title Commitment to obtain a survey of the City Property. The Center shall have 10 business days after receipt of its title commitment and surveyto examine the same and to deliver written objections to title and any matter disclosed by the survey, if any, to the City. The City shall have 20 days after receipt of written objections to cure title defects, at the City’s cost. In the event, that title to the parcel cannot be made marketable by the City by the Closing Date, then, at the option of the Center, this Land Exchange Agreement shall be null and void. 13. Environmental Matters. a. The City and the Center each warrant that its property has not been used for production, storage, deposit, or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product during the period of time the Party has owned the property. Each Party further warrants that the Party has no knowledge or information of any fact that would indicate its property was used for production, storage, deposit, or disposal of any toxic or hazardous waste or substance, petroleum product or asbestos product prior to the date the Party purchased its property. b. All Parties and their agents shall have the right to enter upon the other’s property after the date of this Land Exchange Agreementfor the purpose of inspecting the property it will acquire and conducting such environmental examination and tests as it deems necessary. AllParties agrees to indemnify the current owner of the respective property, to the extent such indemnification is legally authorized, against any liens, claims, losses, or damage occasioned by that Party’s exercise of its right to enter and work on the property. Each Party agrees to provide the other Parties with a copy of any report as a result of such examination and tests. If such environmental examination results in a finding that there are or may be pollutants or contaminants on the property, any Party may terminate this Land Exchange Agreement, at any time prior to the Closing Date. 14. Closing Costs and Related Items. a. Beacon will be responsible for: 1. Payment of fees charged in connection with the title commitment for the City Property; 2. Recording fees of instruments required to establish marketable title in the City Property; 7 MA745-40-827278.v5-1/26/23 Council Packet Page Number 132 of 198 G7, Attachment 3 3. The premium for title insurance on the Center Property if Beacon elects to purchase such insurance; 4. Recording fee for the deed for the Center Property; 5. State Deed Tax and conservation fee attributable to the Center Property Deed; 6. One-half of the closing fee charged by the Title Company utilized to close the transaction contemplated by this Land Exchange Agreement; 7. Its own attorneys’ fees and costs; and 8. The pro-rated amount, as of the date of closing, of real estate taxes due and payable in the year of closing. b. The Center will be responsible for: 1. Payment of fees charged in connection with the title commitment for the Center Property; 2. Recording fees of instruments required to establish marketable title in the Center Property; 3. The premium for title insurance on the City Property if the Center elects to purchase such insurance; 4. Recording fee for the deed for the City Property; and 5. State Deed Tax and conservation fee attributable to the City Property Deed; 6. One-half of the closing fee charged by the Title Company utilized to close the transaction contemplated by this Land Exchange Agreement; 7. Its own attorneys’ fees and costs; and 8. The pro-rated amount, as of the date of closing, of real estate taxes due and payable in the year of closing. Each party shall be responsible for its own attorneys’ fees and costs. 15. Possession/Condition of Property. a. Possession. The City and the Center agree to deliver possession not later than the date of Closing (“Date of Possession”). 8 MA745-40-827278.v5-1/26/23 Council Packet Page Number 133 of 198 G7, Attachment 3 b. Condition of Property/No Personal Property. The City shall deliver possession of the City Property to the Center on the Date of Possession in the same condition as the Property existed on the date of this Land Exchange Agreement. The Center shall deliver possession of the Center Property to the City in the same condition as the Property existed on the date of this Land Exchange Agreement. All Parties acknowledge the parcels contain no improvements except paved parking lots and there is no personal property included in this exchange. 16. Disclosure; Individual Sewage Treatment System. Each Party certifies to All Parties that it does not know of any individual sewage treatment systems on the property it will transfer. 17. Well Disclosure. Each Party certifies to All Parties that it does not know of any wells on the property it will transfer. 18. Seller's Warranties. Each Party warrants that there have been no labor or material furnished to its property for which payment has not been made. Each Party warrants that there are no present violations of any restrictions relating to the use or improvement of its property. These warranties shall survive the closing of this transaction. 19. Relocation Benefits. Each Party represents and asserts to All Parties that the transactions set forth in this Land Exchange Agreement will not cause the Party to be a displaced person within the meaning of Minnesota Statutes, Section 117.50, Subd. 3, and that it is therefore not entitled to any relocation assistance, services, payments or benefits under Minnesota Statutes, Section 117.52. 20. Broker Commissions. Each Party represents and warrants to All Parties that there is no broker involved in this transaction with whom the Party has negotiated or to whom the Party has agreed to pay a broker commission. 21. No Merger Of Representations, Warranties. All representations and warranties contained in this Land Exchange Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the Parties shall be bound accordingly. 22. Entire Agreement; Amendments. This Land Exchange Agreement executed herewith constitutes the entire agreement between All Parties regarding the exchange of the City Property and the Center Property and, except for the Purchase Agreement between the City and Beacon, no other agreement prior to this Land Exchange Agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by All Parties or their respective successors or assigns. 23. Binding Effect; Assignment. This Land Exchange Agreement shall be binding upon and inure to the benefit of All Parties and their respective successors and assigns. Each Party agrees that it shall not assign its rights and interest hereunder without notice to All Parties. 9 MA745-40-827278.v5-1/26/23 Council Packet Page Number 134 of 198 G7, Attachment 3 24.Notice.Any notice must be in writing, and will be deemed delivered if delivered personally or when deposited in the United States Mail, postage pre-paid, to the following addresses (or such other address as may be designated by anyParty in writing): If to City:City of Maplewood 1830 East County Road B Maplewood, MN 55109 Attn: City Manager w/copy to: Ronald H. Batty Kennedy & Graven, Chartered Fifth Street Towers 150 South Fifth Street, Suite 700 Minneapolis, MN 55402 If to Center: The Philippine Center of Minnesota 1380 Frost Avenue Maplewood, MN 55109 Attn: Darwin Yasis If to Beacon:Beacon Acquisition LLC 2610 University Avenue West, Suite 100 St. Paul, MN 55114 Attn: Kevin Walker Email: kwalker@beaconinterfaith.org w/copy to:Beth G. Timm Gerstein-Timm, PLLC 100 Prairie Center Drive, Suite 210 Eden Prairie, MN 55344 Email: Beth@Timmlegal.com 25.Specific Performance.This Land Exchange Agreementmay be specifically enforced by any Party, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this Land Exchange Agreement; All Partiesreserve all other remedies available at law or in equity. 26.Counterparts.This Land Exchange Agreementmay be executed in any number of counterparts, each of which shall constitute one and the same instrument. 10 MA745-40-827278.v5-1/26/23 Council Packet Page Number 135 of 198 G7, Attachment 3 27. Recitals. The Recitals set forth in the preamble to this Land Exchange Agreementand the Exhibits attached to this Land Exchange Agreement are incorporated into this Land Exchange Agreement as if fully set forth herein * * * * * * * * * * . 11 MA745-40-827278.v5-1/26/23 Council Packet Page Number 136 of 198 G7, Attachment 3 IN WITNESS WHEREOF, AllParties hereto have caused this Land Exchange Agreement to be duly executed in their names and on their behalf on or as of the date and year first above written. THE CITY: CITY OF MAPLEWOOD By: _____________________________ Marylee Abrams, Mayor Date: _____________________________ By: _____________________________ Melinda Coleman, City Manager Date: _____________________________ 12 MA745-40-827278.v5-1/26/23 Council Packet Page Number 137 of 198 G7, Attachment 3 THE CENTER: THE PHILIPPINE CENTER OF MINNESOTA By:_____________________________ Darwin Yasis, President 13025034 Date:_____________________________ 13 MA745-40-827278.v5-1/26/23 Council Packet Page Number 138 of 198 G7, Attachment 3 BEACON: BEACON ACQUISITION LLC By:_____________________________ Its:President Date:February 14, 2023 14 MA745-40-827278.v5-1/26/23 Council Packet Page Number 139 of 198 G7, Attachment 3 EXHIBIT A Legal Description of the City Property Lots 1, 2, 3, 4, and 5, Block 12, Gladstone, together with that part of the vacated alley adjacent thereto which accrued thereto by reason of vacation thereof, Ramsey County, Minnesota. \[SUBJECT TO VERIFICATION\] PID: 15-29-22-32-0028 Abstract Property A-1 MA745-40-827278.v5-1/26/23 Council Packet Page Number 140 of 198 G7, Attachment 3 EXHIBIT B Legal Description of the Cen ter Property Lot 26, 27, 28, 29 and 30, Block 12, Gladstone, together with the entire vacated alley adjacent to Lots 26, 27, 28, 29 and 30, Block 12, Gladstone, and Lot 4 except the North 14.25 feet thereof, also all of Lot 5, 6, 7, 8 and 9, Lunn’s Rearrangement of Lots 7 to 12, inclusive, Block 11, Gladstone, together with that portion of vacated alley in Block 11, Gladstone, accruing thereto, all according to the plat thereof on file and of record in the Office of the County Recorder, in and for Ramsey County, Minnesota. \[Subject to Verification\] PID’s: 15-29-22-23-0087 15-29-22-32-0038 Abstract Property B-1 MA745-40-827278.v5-1/26/23 Council Packet Page Number 141 of 198 G8 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:StevenLove AGENDA ITEM: Resolution Directing Final Payment and Acceptance of Project, Montana- NebraskaArea Pavement Rehabilitation, City Project 20-08 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The contractor, T.A. Schifsky and Sons, Inc., has completed the project improvements for the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08. City staff have reviewed the work and deemed it acceptable. The contractor has submitted all final project documents required for final acceptance of the project. City Council direction for staff to process final payment and to accept the project is done by resolution. Recommended Action: Motion to approve the attached resolution Directing Final Payment and Acceptance of Project for the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $1,504,511.03 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: The final contract amount, including indirect costs, falls within the approved budget of $2,328,400. No adjustments to the approved budget are needed. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This infrastructure improvement project was previously identified in the City’s Capital Improvement Plan and included the replacement of the severely deteriorated pavement in the Montana-Nebraska project area. Council Packet Page Number 142 of 198 G8 Background The City Council previously awarded a construction contract to T.A. Schifsky and Sons, Inc. for the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08, in the amount of $1,632,490.79. The project improvements included the full depth reclamation of project streets, spot replacement of concrete curb and gutter, and minor repairs to the utility systems in the area. The final construction cost of $ $1,504,511.03 came in under the original contract amount by approximately $128,000. No changes to the approved budget are recommended at this time. Attachments 1.Final Payment Application 2.Project Location Map 3.Resolution Directing Final Payment and Acceptance of Project, Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08 Council Packet Page Number 143 of 198 G8, Attachment 1 8/04/2022 Council Packet Page Number 144 of 198 G8, Attachment 1 Council Packet Page Number 145 of 198 G8, Attachment 1 Council Packet Page Number 146 of 198 G8, Attachment 1 Council Packet Page Number 147 of 198 G8, Attachment 1 Council Packet Page Number 148 of 198 G8, Attachment 2 Council Packet Page Number 149 of 198 G8, Attachment 3 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT MONTANA-NEBRASKA AREA PAVEMENT REHABILITATION, CITY PROJECT 20-08 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Montana-Nebraska Area Pavement Rehabilitation, City Project 20-08, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 20-08 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $1,504,511.03. Final payment to T.A. Schifsky and Sons, Inc. and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 27 day of February 2023. Council Packet Page Number 150 of 198 G9 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER: Andrea Sindt, City Clerk AGENDA ITEM: Massage Center License for Shun Kang Massage, LLC, 1700 Rice St N Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: In accordance with City Code Chapter 10, Article XX (Massage), an application was submitted by Yuhua Luo for a Massage Center license for Shun Kang Massage LLC, located at 1700 Rice St N. Recommended Action: Motion to approve the Massage Center license for Shun Kang Massage LLC, located at 1700 Rice St N. 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: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of a Massage Center license, per City Code Sec. 14-1457. Background A background investigation has been conducted on Yuhua Luo, owner of Shun Kang Massage LLC. She also has a meeting scheduled in February with the police department to discuss the City’s requirements and expectations in regards to the operation of massage centers. This site has operated under different names and ownership over the years, most recently as Spring Spa. Staff recommends approval of this ownership change. Attachments None Council Packet Page Number 151 of 198 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 15 of 198 H1 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love Jon Jarosch AGENDA ITEM: Myrtle-Sterling Area Street Improvements, City Project 22-16 a.Public Hearing 7:00 pm b.Resolution Ordering Improvement after Public Hearing (4 votes) Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Public Hearing for this project has been scheduled for 7:00 p.m. on Monday, February 27, 2023. Notices of the public hearing have been mailed and published. The Feasibility Study was accepted by the City Council on February 13, 2023, with a Resolution Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing. The City Council will consider ordering the improvements following the public hearing. A super majority vote is required to order the project. Recommended Action: a.Hold a Public Hearing b.Motion to approve the attached Resolution Ordering the Improvement for the Myrtle-Sterling Area Street improvements, City Project 22-16 (4 affirmative votes are required to approve this resolution). Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $5,391,700 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of the Environmental Utility Fund, G.O. Improvements Bonds, Sanitary Sewer Fund, Special Benefit Assessment, St. Paul Regional Water, W.A.C. Fund. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Council Packet Page Number 153 of 198 H1 The Myrtle-Sterling neighborhood streets are an important part of the City’s infrastructure, serving as a connection to local properties and the Justice Alan Page School. The streets included in this project have deteriorated beyond the point of regular annual maintenance and are in need of replacement. Background: The Feasibility Study for the Myrtle-Sterling Area Street Improvements, City Project 22-16, is complete and available in the office of the City Engineer. The study includes information on the existing site conditions, proposed improvements, anticipated schedule, costs, financing and recommendations. The streets included in the Myrtle-Sterling project total approximately 1.50 miles in length and have an average Pavement Condition Index (PCI) rating of 35/100. The PCI rating is based on a visual survey of the pavement and is a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being the best possible pavement condition (i.e. a new road). The project area is generally bounded by Holloway Avenue to the north, McKnight Road to the west, Montana Avenue to the south, and Century Avenue to the east. This project is a part of the 2023 – 2027 Maplewood Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the City maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the City receiving complaints from area residents about substandard street conditions. This project would include the following improvements: Pavement rehabilitation of the following streets to include the full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Idaho Avenue (west of Sterling Street) o Kingston Avenue o Knoll Circle o Lakewood Drive (south of Ripley Avenue) o Mary Street o Myrtle Street (south of Ripley Avenue) o Ripley Avenue Full reconstruction of the following streets which includes the removal of existing pavement and underlying aggregate base, extensive soil subgrade corrections, major utility improvements, water quality improvements and construction of new concrete curb and gutter. o Idaho Avenue (east of Sterling Street) o Lakewood Drive (north of Ripley Avenue) o Myrtle Street (north of Ripley Avenue) o Sterling Street (South of Larpenteur Avenue) Saw & seal of control joints for the new bituminous pavement. Council Packet Page Number 154 of 198 H1 Removal and replacement of outdated pedestrian features on project streets and the installation of a new sidewalk on the east side of Lakewood Drive from Holloway Avenue to Ripley Avenue. Replacement of outdated sanitary and storm sewer castings and structures. Addition of new storm sewer systems on select streets. Restoration of driveways along with turf and landscape features impacted by the project. Fog seal of past project neighborhood streets. In 2022, the City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the sewer system within the project streets. Based on the results of the reports, staff are recommending some minor repairs to the existing system. Saint Paul Regional Water Services (SPRWS) has identified approximately 2,000-feet of cast iron water main which needs to be removed and replaced as a part of the project. The water main work would be done under the project contract, with the costs associated with this work being reimbursed to the City by SPRWS. Some project streets lack an adequate storm sewer system, while others have an effective system currently in place. Depending on the project street, installation of new storm sewer piping and structures may be needed. On streets with new storm sewer systems proposed, water quality and rate control improvements will be implemented where possible. Neighborhood Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Myrtle-Sterling Area Street Improvement project. On August 9, 2022, a letter was mailed to the residents to provide information on the Council’s action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions (FAQ), an informational assessment handout, and an invite to neighborhood meeting #1. The first informational neighborhood meeting was held virtually on December 5, 2022. Staff mailed out the invitation to 148 property owners affected by the construction project with approximately 16 attending the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, the general construction process, proposed improvements, drainage concerns, sidewalks, speeding concerns, roadway widths and assessments. The majority of residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Council Packet Page Number 155 of 198 H1 Staff along with the City’s consultant, Bolton & Menk, Inc. have created an easy to use online mapping tool for residents to provide direct input on the project. On December 29, 2022, residents were mailed an informational letter on how to access and use the InputID tool, which is located on the project website. The system is ‘social-media like’, with the ability to add comments on the map and the ability to like or dislike comments. Staff have received many questions and comments about the project on this online tool and have received good feedback from area residents. The second informational neighborhood meeting was held virtually on February 10, 2023. The meeting's format was the same as the first. It included an update from the first meeting and a chance for residents to ask questions ahead of the upcoming public hearing. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input. Assessments An independent appraisal firm has been hired to provide an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to determine the special benefit assessment amounts for the project area. The rates established in the City’s Special Assessment Policy were utilized at this time to generate a preliminary assessment roll. Based on the City of Maplewood’s Pavement Management Policy, parcels are assessed on an equal “unit” basis. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the type(s) improvement. Ultimately the special benefit appraisal report will determine the final assessment amounts for the properties proposed to be assessed as a part of the project. For the purposes of this report and establishing a project financing plan, the preliminary assessment rate(s) are as follows. Residential Single Unit, Pavement Rehabilitation Rate = $3,450.00/unit Commercial Unit, Pavement Rehabilitation Rate = $69.00/front-foot Residential Single Unit, Full Reconstruction = $6,600.00/unit Commercial Unit, Full Reconstruction = $132.00/front-foot The assessment hearing is currently proposed to be held September of 2023. Council Packet Page Number 156 of 198 H1 Estimated Project Cost The total estimated project cost is $5,391,700 and is outlined below: Estimated Project Cost Summary Proposed ImprovementsTotal Amount % of Total Street Improvements$2,966,60055% Drainage Improvements $1,287,100 24% Sanitary Sewer Improvements $70,700 1% Water System Improvements $1,067,300 20% Total Estimated Project Cost: $5,391,700 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, Special Benefit Assessments, Saint Paul Regional Water, and the W.A.C. Fund. An update to the financing plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund $70,700 1.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding: $5,391,700 100% It is necessary to note that the total estimated project cost and funding for this project are significantly higher than the currently approved Capital Improvement Plan ($4,130,000) due to price escalations in the current market and a significant increase in the amount of water main replacement work needed for this project. The increased project cost due to the proposed water main replacement will be reimbursed back to the City from SPRWS. Additionally, the City’s other 2023 Improvement project, the Woodlynn-Southlawn Area Improvements, is estimated to be significantly under the currently approved CIP. When looking at the combined estimated costs for the two projects, the total funding plan is slightly less than the currently approved CIP. The estimated project costs and the preliminary project funding plan have been reviewed by the Finance Director. Council Packet Page Number 157 of 198 H1 Project Schedule The following is a tentative schedule for City Project 22-16 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #112/5/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #22/10/2023 Public Hearing & Order Improvement2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #35/18/2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #49/6/2023 Assessment Hearing and Adopt Assessment Roll9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 Attachments: 1.Resolution Ordering Improvements 2.Project Location Map 3.Public Hearing Presentation Council Packet Page Number 158 of 198 H1, Attachment 1 RESOLUTION ORDERING IMPROVEMENT th WHEREAS, pursuant to a resolution of the City Council adopted February 13, 2023, a date for a council hearing was set on the proposed street improvements for the Myrtle-Sterling Area Street Improvements, City Project 22-16; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the hearing was published, and the hearing was duly held on February 27, 2023; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the Myrtle-Sterling Area Street improvements, City Project 22-16. 2. Such improvements ordered as proposed in the Council resolution adopted on th the 27day of February 2023. 3. The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the February 13, 2023 council meeting. 4. The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the February 13, 2023 council meeting. A budget of $5,391,700 was established at that time. The proposed financing plan shall be implemented and is as follows: Estimated Project Cost Recovery Funding Source Total Amount% of Total General Obligation (G.O.) Improvement Bonds $2,142,100 40% Environmental Utility Fund $1,287,100 24% Sanitary Sewer Fund$70,7001.5% Water Area Fund $25,600 0.5% St. Paul Regional Water Services (SPRWS) $1,041,700 19% Special Benefit Assessments $824,500 15% Total Estimated Project Funding:$5,391,700 100% th Approved this 27 day of February 2023. Council Packet Page Number 159 of 198 H1, Attachment 2 Council Packet Page Number 160 of 198 H1, Attachment 3 Council February 27, 2023 Area Street Improvements Myrtle-Sterling Presented to Maplewood City City Project 22-16 Council Packet Page Number 161 of 198 H1, Attachment 3 Avenue Ripley near Street Myrtle Why These Streets? 1.50 Miles in LengthAverage PCI Rating Ï35/100 ¤¤ Poor pavement conditionPavement has deteriorated to the point where patching is no longer cost-effective.Some streets without curbing. Majority of existing concrete curbing is in fair condition. Lack of adequate storm sewer in areas.SPRWS has identified 2000-feet of cast iron water main in need of replacement.Lack of pedestrian facilities near school. ¤¤¤¤¤¤ Council Packet Page Number 162 of 198 H1, Attachment 3 Project Scope Reclamation (grinding/mixing) of existing pavement & aggregate base on pavement rehabilitation streets. Subgrade repairs on full reconstruction streets.Installation of concrete curb and gutter on full reconstruction streets. Replace structurally damaged curbing on pavement rehabilitation streets.Repairs to existing storm sewer system with new storm sewer on full reconstruction streets.Replacement of cast iron water main on portions of Myrtle and Lakewood.Installation of new asphalt pavement.Installation of 5-foot sidewalk along east-side of Lakewood Drive from Holloway to Ripley. ¤¤¤¤¤¤ Council Packet Page Number 163 of 198 H1, Attachment 3 Street Layout (Sterling, Idaho, Myrtle) Council Packet Page Number 164 of 198 H1, Attachment 3 3Ó 30Ó Street Layout (Lakewood) Council Packet Page Number 165 of 198 H1, Attachment 3 , 2022 , 2023 th th Neighborhood Meeting st Resident Communication Project introduction, project location map Project location map, FAQ brochure, assessment informationPresentation followed by Q & A sessionScope, timeline, cost/funding, assessments, communicationOnline mapping tool for residents to comment on projectÓSocial media-likeÔ in allowing comments, likes, and dislikesPresentation followed by Q & A SessionUpdate from 1 ¤¤¤¤ ¤¤¤¤ Project Kickoff Letter ÏAugust 2022Informational Packet ÏNovember 2022Neighborhood Meeting #1 ÏDecember 5InputIDWebtoolÏDecember 2022Project Survey ÏJanuary 2023Neighborhood Meeting #2 ÏFebruary 10 Council Packet Page Number 166 of 198 H1, Attachment 3 Project Costs & Funding Total Estimated Project Cost = $5,391,700 ¤ G.O. Improvement Bonds Ï40%Environmental Utility Fund Ï24%Sanitary Sewer Fund Ï1.5%Water Fund -0.5%St Paul Regional Water Services (SPRWS) Ï19%Special Assessments to benefiting properties Ï15% Project CostProject Funding¤¤¤¤¤¤ Council Packet Page Number 167 of 198 H1, Attachment 3 What is a Special Assessment? Funding source utilized to finance a portion of public improvementsMaximum rates are set by the City Council on a yearly basis.Independent appraisal firm hired to determine benefit received by properties.Per Minnesota State Statute 429 the assessment amount cannot be more than the direct benefit to the property. ¤¤¤¤ Council Packet Page Number 168 of 198 H1, Attachment 3 Special Assessment Assessment amountPayment optionsDeferral optionsRight to object ¤¤¤¤ Residents will be mailed an official assessment noticeNeighborhood meeting in the fall of 2023 to discuss assessments ¤¤ Assessment Hearing ÏSeptember 2023Prior to the Assessment Hearing ¤¤ Council Packet Page Number 169 of 198 H1, Attachment 3 , 2023 th , 2023 th , 2023 th Tentative Project Schedule Residents provide input on proposed improvementsCouncil votes after public hearing ¤¤ Neighborhood Meeting #2 ÏFebruary 10Council Received Feasibility Study ÏFebruary 13Public HearingÏFebruary 27Award of Contract ÏApril 2023Neighborhood Meeting #3 ÏMay 2023Construction ÏJune to October 2023Assessment HearingÏSeptember 2023 ¤¤¤¤¤¤¤ Council Packet Page Number 170 of 198 H1, Attachment 3 Recommendation Hold a Public HearingApproval of the Resolution Ordering the Improvement for the Myrtle-Sterling Area Street Improvements, City Project 22-16 (Four affirmative votes are required to approve this resolution). ¤¤ Council Packet Page Number 171 of 198 H2 CITY COUNCILSTAFF REPORT Meeting Date February 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love Jon Jarosch AGENDA ITEM: Woodlynn-Southlawn Area Street Improvements, City Project 22-17 a.Public Hearing 7:00 pm b.Resolution Ordering Improvement after Public Hearing (4 votes) Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Public Hearing for this project has been scheduled for 7:00 p.m. on Monday, February 27, 2023. Notices of the public hearing have been mailed and published. The Feasibility Study was accepted by the City Council on February 13, 2023, with a Resolution Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing. The City Council will consider ordering the improvements following the public hearing. A super majority vote is required to order the project. Recommended Action: a.Hold a Public Hearing b.Motion to approve the attached Resolution Ordering the Improvement for the Woodlynn- Southlawn Area Street improvements, City Project 22-17 (4 affirmative votes are required to approve this resolution). Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,527,800 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The proposed funding plan includes a combination of the General Obligation (GO) Bonds, Environmental Utility Fund, Sanitary Sewer Fund, Water Area Fund, Street Revitalization Fund and Special Benefit Assessments Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment Council Packet Page Number 172 of 198 H2 The Woodlynn-Southlawn area streets are an important part of the City’s infrastructure, serving as a connection to local properties, multi-family properties, and numerous commercial businesses. The streets included in this project have deteriorated beyond the point of regular annual maintenance and are in need of replacement. Background: The Feasibility Study for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17, is complete and available in the office of the City Engineer. The study includes information on the existing site conditions, proposed improvements, anticipated schedule, costs, financing and recommendations. The city streets included in the Woodlynn-Southlawn project total approximately 1.77 miles in length and have an average Pavement Condition Index (PCI) rating of 37/100. The PCI rating is based on a visual survey of the pavement and is a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being the best possible pavement condition (i.e. a new road). The project area is generally bounded by County Road D to the north, Hazelwood Street to the west, County Road C to the south, and McKnight Road to the east. This project is a part of the 2023 – 2027 Maplewood Capital Improvement Plan (CIP). Should the project be approved, construction would begin in June of 2023. The existing street pavement and aging utility infrastructure on the project streets present an ongoing maintenance problem for the City of Maplewood Street and Utility Departments. Of the infrastructure elements the city maintains, the bulk of the maintenance activities consist of patching the roadway, crack sealing, filling potholes, and maintaining the aging utility infrastructure. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the City receiving complaints from area residents about substandard street conditions. This project would include the following improvements: Pavement rehabilitation of the following streets to include the full depth reclamation (FDR) of existing pavement and underlying aggregate base, full replacement of the existing bituminous pavement, spot replacement of concrete curb and gutter and subgrade corrections as necessary. o Woodlynn Avenue o Ariel Street o Furness Court o Southlawn Drive o Kennard Street o Germain Court Full reconstruction of the following street to include; full depth reclamation (FDR) of existing pavement and underlying aggregate base, full removal of the existing bituminous pavement, subgrade corrections and construction of new concrete curb and gutter. o Radatz Avenue Saw & seal of control joints for the new bituminous pavement. New striping and pavement markings on applicable streets. Removal and replacement of outdated pedestrian features on project streets and installation of new pedestrian connections on Woodlynn Avenue and Ariel Street. Council Packet Page Number 173 of 198 H2 Replacement of outdated sanitary and storm sewer castings and structures. Restoration of driveways, turf and landscape features impacted by the project. Staff utilized the City’s consultant, SRF Consulting Group, to take an in-depth look at the existing roadway width and future traffic and pedestrian needs on Woodlynn Avenue between Ariel Street and McKnight Road. Options were investigated that would reduce traffic speeds, improve corridor safety, reduce the amount of impervious surface, and design Woodlynn Avenue to better meet traffic and pedestrian needs. It is proposed that Woodlynn Avenue, between Ariel Street and McKnight Road, be reduced to one driving lane in each direction along with parking lanes on either side. In addition, missing sidewalk segments as guided by the City’s Living Street’s Policy and Comprehensive plan, are proposed to be installed during the project. Staff will continue to work with SRF consulting to finalize the proposed street layout during the project design. These concepts were conveyed to area residents during Neighborhood Meeting #2. In 2022, the City of Maplewood Sanitary Sewer Department performed televising and manhole inspections of the sewer system within the project streets. Based on the results of the reports, staff are recommending no repairs to the existing piping system. St. Paul Regional Water Services (SPRWS) and The City of North St. Paul (NSP) both own and maintain water main systems within the project limits. SPRWS and NSP have looked at the condition and age of the water main systems on the project streets. At this time, no repairs are recommended to these systems. The goal of this project is to rehabilitate the pavement surface and therefore does not include any major utility upgrades or repairs. The storm water goals for this project include the replacement of outdated and broken storm sewer castings, replacement of deteriorated manhole/catch basin adjustment rings, adjustment of all manhole castings to the final surface elevation and the adjustment of storm sewer on Woodlynn Avenue to accomodate the narrowing of the roadway. Neighborhood Correspondence On August 8, 2022, the Maplewood City Council ordered the preparation of a feasibility study for the Woodlynn-Southlawn Area Street Improvement project. On August 10, 2022 a letter was mailed to the residents to provide information on the Council’s action and to notify them about preliminary engineering activities would begin during the fall of 2022. Staff mailed initial informational packets to impacted residents on November 30, 2022. The packet informs project residents about a number of topics including street construction frequently asked questions (FAQ), assessments, and a Neighborhood Meeting Invite #1. The first informational neighborhood meeting was held virtually on December 6, 2022. Staff mailed out the invitation to 141 property owners affected by the construction project, with approximately 14 attended the meeting. The meeting included a presentation followed by a question and answer session. Items discussed at this meeting included the public improvement process, construction process, existing conditions, proposed improvements, assessment information, and an estimated project timeline. The majority of the conversation revolved around property access during construction, current pavement conditions, the general construction process, proposed improvements, drainage concerns, sidewalks, pedestrian safety, speeding concerns, roadway widths, cut through traffic on Radatz Avenue, street lighting, and assessments. The majority of Council Packet Page Number 174 of 198 H2 residents in attendance were generally in favor of the project. Following the meeting, staff posted the meeting minutes and the presentation slide deck on the project website for residents to view. Following the first neighborhood meeting, Staff reviewed the City’s Comprehensive Plan, Parks Master Plan, and Living Streets Policy to see what additional guidance these documents could provide for sidewalks and trails in the project area. Staff have mapped the location of existing sidewalks and trails in the region along with those being proposed for the future. After considering all of this information, along with the feedback heard from residents, staff have created a preliminary sidewalk layout as noted in the feasibility report. Staff utilized the City’s consultant, Bolton & Menk Inc., to create an easy to use online mapping tool, InputID, for residents to provide direct input on the project. On December 29, 2022, residents were mailed an informational letter on how to access and use the web tool. The system is ‘social-media like’ with the ability for residents to provide comments on a map and to like or dislike comments. Staff have received many great questions and comments about the project and have received good feedback from residents via this tool. The second informational neighborhood meeting was held virtually on February 7, 2023. The meeting's format was the same as the first, including an update from Neighborhood Meeting #1 and a chance for residents to ask questions ahead of the upcoming public hearing. Additional neighborhood meetings and stakeholder correspondence are planned throughout the public improvement process to continue conversations with area residents and to ensure that everyone affected by the potential project is well informed and has had multiple chances to provide input. Assessments An independent appraisal firm has been hired to provide an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to determine the special benefit assessment amounts for the project area. The rates established in the City’s Special Assessment Policy were utilized at this time to generate a preliminary assessment roll. Based on the City of Maplewood’s Pavement Management Policy, parcels are assessed on an equal “unit” basis. However, per Minnesota State Statute 429, the assessment amount cannot be greater than the benefit received by the property from the type(s) improvement. Ultimately the special benefit appraisal report will determine the final assessment amounts for the properties proposed to be assessed as a part of the project. For the purposes of this report and establishing a project financing plan, the preliminary assessment rate(s) are as follows. Residential Single Unit, Pavement Rehabilitation Rate = $3,450.00/unit Commercial Unit, Pavement Rehabilitation Rate = $69.00/front-foot Residential Single Unit, Full Reconstruction = $6,600.00/unit Commercial Unit, Full Reconstruction = $132.00/front-foot The assessment hearing is currently proposed to be held September of 2023. Council Packet Page Number 175 of 198 H2 Estimated Project Cost The total estimated project cost is $3,527,800 and is outlined below: Estimated Project Cost Summary Proposed Improvements Total Amount % of Total Street Improvements$3,169,00090% Drainage Improvements $227,000 6% Sanitary Sewer Improvements $73,500 2% Water System Improvements $58,300 2% Total Estimated Project Cost: $3,527,800 100% The estimated costs include 10% contingencies and 12% overhead, which include geotechnical, legal, and fiscal expenses. Preliminary Project Funding Plan The improvements are proposed to be financed through a combination of Environmental Utility Fund, G.O. Improvement Bonds, Sanitary Sewer Fund, Special Benefit Assessments, Street Revitalization Fund, and the W.A.C. Fund. An update to the financing plan will be provided after the special benefits appraisal is received. Estimated Project Cost Recovery Funding Source Total Amount % of Total General Obligation (GO) Bonds$348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund $73,500 2% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding: $3,527,800 100% The estimated project costs and funding needs are significantly lower than those estimated in the approved Capital Improvement Plan ($4,860,350) due to less utility and subgrade corrections needed than anticipated. The unused funds from this project will be utilized to offset the additional funding needs on the Myrtle-Sterling Project. The estimated project costs and the preliminary project funding plan have been reviewed and approved by the Finance Director. Council Packet Page Number 176 of 198 H2 Project Schedule The following is a tentative schedule for City Project 22-17 should it be determined to proceed with the project: Project MilestoneDate Order Preparation of Feasibility Study 8/8/2022 Neighborhood Meeting #112/6/2022 Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/13/2023 Plans & Specifications Neighborhood Meeting #22/7/2023 Public Hearing & Order Improvement2/27/2023 Approve Plans and Specifications, Authorize Advertisement for Bids, 3/13/2023 Authorize Preparation of Assessment Roll Bid Opening4/12/2023 Award Contract 4/24/2023 Neighborhood Meeting #3May 2023 Begin Construction June 2023 Accept Assessment Roll & Order Assessment Hearings 8/14/2023 Neighborhood Meeting #49/6/2023 Assessment Hearing and Adopt Assessment Roll9/11/2023 Complete Construction November 2023 Assessments Certified to Ramsey County November 2023 Attachments: 1.Resolution Ordering Improvements 2.Project Location Map 3.Public Hearing Presentation Council Packet Page Number 177 of 198 H2, Attachment 1 RESOLUTION ORDERING IMPROVEMENT th WHEREAS, pursuant to a resolution of the City Council adopted February 13, 2023, a date for a council hearing was set on the proposed street improvements for the Woodlynn- Southlawn Area Street Improvements, City Project 22-17; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the hearing was published, and the hearing was duly held on February 27, 2023; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the Woodlynn-Southlawn Area Street improvements, City Project 22-17. 2. Such improvements ordered as proposed in the Council resolution adopted on th the 27day of February 2023. 3. The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the February 13, 2023 council meeting. 4. The Finance Director was authorized to make the financial transfers necessary for the preparation of plans and specifications at the February 13, 2023 council meeting. A budget of $3,527,800 was established at that time. The proposed financing plan shall be implemented and is as follows: Estimated Project Cost Recovery Funding Source Total Amount% of Total General Obligation (GO) Bonds$348,600 10% Environmental Utility Fund $227,000 6% Sanitary Sewer Fund$73,5002% Water Area Fund $58,300 2% Street Revitalization Fund $1,822,700 52% Special Benefit Assessments $997,700 28% Total Estimated Project Funding:$3,527,800 100% th Approved this 27 day of February 2023. Council Packet Page Number 178 of 198 H2, Attachment 2 Council Packet Page Number 179 of 198 H2, Attachment 3 February 27, 2023 Woodlynn- SouthlawnArea Presented to Maplewood City Council City Project 22-17 Street Improvements Council Packet Page Number 180 of 198 H2, Attachment 3 RadatzAvenue Why These Streets? Poor pavement condition (Average PCI Rating Ï37/100).Pavement has deteriorated where patching is no longer cost-effective or possible.Majority of existing concrete curbing is in fair condition. Radatzhas no curb.Storm sewer system in good condition. Minor repairs needed.Sanitary sewer is in good condition. Existing water mains are ductile iron. No water main replacement necessary. ¤¤¤¤¤¤ Council Packet Page Number 181 of 198 H2, Attachment 3 , 2022 , 2023 th th Neighborhood Meeting st Resident Communication Project introduction, project location map Project location map, FAQ brochure, assessment informationPresentation followed by Q & A sessionScope, timeline, cost/funding, assessments, communicationOnline mapping tool for residents to comment on projectÓSocial media-likeÔ in allowing comments, likes, and dislikesPresentation followed by Q & A SessionUpdate from 1 ¤¤¤¤ ¤¤¤¤ Project Kickoff Letter ÏAugust 2022Informational Packet ÏNovember 2022Neighborhood Meeting #1 ÏDecember 6InputIDWebtoolÏDecember 2022Project Survey ÏJanuary 2023Neighborhood Meeting #2 ÏFebruary 7 Council Packet Page Number 182 of 198 H2, Attachment 3 Project Scope Reclamation (grinding/mixing) of existing pavement & aggregate base. Subgrade corrections as needed.Replace structurally damaged concrete curb, with new concrete curb proposed on RadatzAvenue.Repairs to existing storm sewer and sanitary sewer systems.Installation of new asphalt pavement.Restoration of driveways and boulevards.Narrowing of RadatzAvenue plus bump-outs Reconfiguration of WoodlynnAvenue.Fill in missing gaps in sidewalk system. ¤¤¤¤¤¤¤¤ Council Packet Page Number 183 of 198 H2, Attachment 3 Radatz Streetscape Council Packet Page Number 184 of 198 H2, Attachment 3 Street Ariel of east Avenue Woodlynn Woodlynn Reconfiguration 4 lane undivided (52-foot width)2 lane undivided with 8-foot parking lanes in select locations (38 foot max. width)Narrowing from south-side only Modify roadway layout to better match roadway needsSlow trafficImprove pedestrian/bike access and safety (bump-outs at crossing points) Reduce impervious area/Runoff ¤¤¤¤¤¤¤ Existing:Proposed:Goals: ¤¤¤ Council Packet Page Number 185 of 198 H2, Attachment 3 Pedestrian Improvements Council Packet Page Number 186 of 198 H2, Attachment 3 Project Costs & Funding Total Estimated Project Cost = $3,527,800 ¤ G.O. Improvement Bonds Ï10%Environmental Utility Fund Ï6%Sanitary Sewer Fund Ï2%Water Area Fund Ï2%Street Revitalization Fund Ï52%Special Assessments to benefiting properties Ï28% Project CostProject Funding¤¤¤¤¤¤ Council Packet Page Number 187 of 198 H2, Attachment 3 What is a Special Assessment? Funding source utilized to finance a portion of public improvementsMaximum rates are set by the City Council on a yearly basis.Independent appraisal firm hired to determine benefit received by properties.Per Minnesota State Statute 429 the assessment amount cannot be more than the direct benefit to the property. ¤¤¤¤ Council Packet Page Number 188 of 198 H2, Attachment 3 Special Assessment Assessment amountPayment optionsDeferral optionsRight to object ¤¤¤¤ Residents will be mailed an official assessment noticeNeighborhood meeting in the fall of 2023 to cover assessments ¤¤ Assessment Hearing ÏSeptember 2023Prior to the Assessment Hearing ¤¤ Council Packet Page Number 189 of 198 H2, Attachment 3 , 2023 th , 2023 th , 2023 th Tentative Project Schedule Residents provide input on proposed improvementsCouncil votes after public hearing ¤¤ Neighborhood Meeting #2 ÏFebruary 7Council Received Feasibility Study ÏFebruary 13Public HearingÏFebruary 27Award of Contract ÏApril 2023Neighborhood Meeting #3 ÏMay 2023Construction ÏJune to October 2023Assessment HearingÏSeptember 2023 ¤¤¤¤¤¤¤ Council Packet Page Number 190 of 198 H2, Attachment 3 Recommendation Hold a Public HearingApproval of the Resolution Ordering the Improvement for the Woodlynn-SouthlawnArea Street Improvements, City Project 22-17 (Four affirmative votes are required to approve this resolution). ¤¤ Council Packet Page Number 191 of 198 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 192 of 198 K1 Council Packet Page Number 193 of 198 K1 Engineer's Estimate$364,479.67 Council Packet Page Number 194 of 198 K1, Attachment 1 Council Packet Page Number 195 of 198 K1, Attachment 2 Goodrich Park Improvements Council Packet Page Number 196 of 198 K1, Attachment 2 Council Packet Page Number 197 of 198 K1, Attachment 2 Council Packet Page Number 198 of 198