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HomeMy WebLinkAbout2023-11-13 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 13, 2023 City Hall, Council Chambers Meeting No. 21-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. October 23, 2023 City Council Workshop Meeting Minutes 2. October 23, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Ramsey County Food Scraps Pickup Program Update 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. Certification of Delinquent Trash and Miscellaneous Accounts Receivable 3. Resolution Designating Absentee/Early Voting Location for 2024 4. Resolution Redefining Precinct Boundaries 5. Off-Sale Intoxicating Liquor License for YangChi Liquor LLC, dba YangChi Liquor, 2728 Stillwater Road E 6. SPRWS Representation Agreement 7. Fixed Price Fuel Program for 2024 Contract Fuel Purchases 8. Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 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 NEWBUSINESS Design Review and Parking Waiver Resolution, Bakery Addition, 1745 Beam Avenue East AWARD OF BIDS None 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 MANAGER WORKSHOP 5:45P.M. Monday,October23, 2023 City Hall, Council Chambers A.CALL TO ORDER A meeting of the City Council was heldin the City Hall Council Chambers and was called to order at5:46 p.m.by Mayor Abrams. B.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberLeemoved toapprove the agenda as submitted. Seconded by CouncilmemberCave Ayes– All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Update on New Technology FinanceDirector Rueband IT Director Fowlds gavepresentations on the new software programs being used in the city. No action required 2.Century Avenue Planning and Environmental Linkages (PEL) Study Update Public Works Director Love introduced the item. Ryan Coddington, MNDOT Project Managerand Travis Wieber, with WSB’sconsultant team gave the presentation. No action required. D.ADJOURNMENT Mayor Abramsadjourned the meetingat6:41p.m. October23, 2023 Council Manager Workshop Minutes 1 Council Packet Page Number 1 of 124 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October23, 2023 City Hall, Council Chambers Meeting No. 20-23 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambersand was called to order at7:02p.m. byMayor Abrams. Mayor Abrams recapped a rescue event conducted by Maplewood Public Safety and also shared a video of a newsstoryregarding auto theft that highlighted Maplewood. Public Safety Director Bierdeman provided further information. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA annmoved to approve the agenda as submitted. CouncilmemberJuenem Seconded by CouncilmemberLee Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.October 09, 2023 City Council Workshop Meeting Minutes CouncilmemberJuenemannmoved to approve the October 09, 2023 City Council Workshop MeetingMinutes assubmitted. Seconded by Councilmember CaveAyes – All The motion passed. 2.October 09, 2023 City Council Meeting Minutes Agenda item F2, Ponds, was corrected to say “city processes that would take place if sale of property is approved by the county board.” CouncilmemberLeemoved to approve the October 09, 2023 City CouncilMeetingMinutes asamended. October 23, 2023 City Council Meeting Minutes 1 Council Packet Page Number 2 of 124 E2 Seconded by CouncilmemberJuenemannAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerColemangave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda items G4 and G6 were highlighted. CouncilmemberCavemoved toapprove agenda items G1-G6. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 460,446.30 Checks # 120000 thru #120021 dated 10/10/23 $ 55,984.09 Checks # 120022 thru # 120026 dated 10/11/23 $ 588,000.13 Checks # 120027 thru # 120043 dated 10/17/23 $ 442,320.28 Disbursements via debitsto checking account dated 10/02/23 thru 10/15/23 $ 1,546,750.80 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 675,026.84 dated 10/13/23 October 23, 2023 City Council Meeting Minutes 2 Council Packet Page Number 3 of 124 E2 $ 675,026.84 TotalPayroll $ 2,221,777.64 GRAND TOTAL Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.Allocation of 2022 General Fund Surplus vemoved to approve the Resolution Allocating$1,150,000 in General CouncilmemberCa Fund Surplus. Resolution 23-10-2257 RESOLUTION ALLOCATING $1,150,000 OF GENERAL FUND SURPLUS WHEREAS, the City of Maplewood has a comprehensive set of financial policies, including a Reserves Policy; and WHEREAS, the purpose of the Reserves Policy is to provide financial stability through the maintenance of reserve funds for unanticipated expenditures or unforeseen emergencies, and to provide adequate working capital for current operating needs to avoid short-term borrowing; and WHEREAS, in establishing an appropriate fund balance (reserves), the City needs to consider the demands of cash flow, capital asset purchases, need for emergency reserves, ability to manage fluctuations of major revenue sources, credit ratings, and long-term fiscal health; and WHEREAS, the City’s Reserves Policy requires an unassigned fund balance in the General Fund at a minimum of 41.67%, with a desired level of 50%, of annual General Fund operating expenditures; and WHEREAS, the City’s General Fundunassigned reserves exceed the 50% desired level of operating expenditures; and WHEREAS, City staff have reviewed areas of need from a long-term financial management perspective. THEREFORE, BE IT RESOLVED that the Maplewood City Council allocates $1,150,000 in General Fund surplus unassigned reserves as follows: Parks Fund $ 300,000 Parks Fund for Environmental$ 45,000 Building Fund $ 200,000 MCC Capital Fund $ 150,000 Information Technology Fund $ 355,000 Fleet Fund $ 100,000 Total Allocation$1,150,000 October 23, 2023 City Council Meeting Minutes 3 Council Packet Page Number 4 of 124 E2 BE IT FURTHER RESOLVED that authorization be given to the Finance Director to make the accounting entries necessary to transfer the funds. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 3.2023-2025 School Resource Officer Agreement with Independent School District 622 vemoved to approvethe 2023 – 2025 School Resource Officer CouncilmemberCa Agreement with Independent School District 622. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Resolution to Accept a Donation for the Youth Scholarship Fund CouncilmemberCavemoved to approve the resolution accepting donation in the amount of $77.02 from MikMart Ice Cream and to authorize the Finance Director to increase the Youth Scholarship Fund budget by that amount: $77.02. Resolution 23-10-2258 ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Natural Resources Department has received donations of $77.02 in support of the department; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Natural Resources Department to accept this donation. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 5.Sunset Ridge Park Playground Replacement CouncilmemberCavemoved to approve the replacement of the Sunset Ridge Park Playground and authorize the City Manager and the Mayor to enter into a contract with Northland Recreation/Little Tikes (State Contract #030117-LTS) with a not to exceed budget of $130,000. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 6.Professional Services Agreement with Leo A. Daly Architect for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety Training Facility October 23, 2023 City Council Meeting Minutes 4 Council Packet Page Number 5 of 124 E2 CouncilmemberCavemoved to approve the Professional Services Agreement with Leo A. Daly Architect for a Space Needs Assessment, Feasibility and Design for the East Metro Public Safety TrainingFacility. Seconded by CouncilmemberJuenemannAyes – 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 1.Award of 2024 Charitable Gambling Funds City Manager Coleman gave the staff report. CouncilmemberJuenemannmoved to approve the proposed award amounts. Amount Recommended Organization Award Requested Aquatic Research & Conservation Society, Inc. $5,000.00$2,900.00 Carver Elementary PTO$6,000.00$4,700.00 Fish & Waters Conservation Fund$10,000.00$3,600.00 Friends of Maplewood Nature Center$5,000.00$4,000.00 Maplewood Fire Department$7,500.00$6,900.00 Presentation of the Blessed Virgin Mary $1,500.00$1,200.00 Silver Lake Improvement Association$2,500.00$2,000.00 Tubman Family Alliance$20,000.00$14,700.00 $57,500.00$40,000.00 Seconded by CouncilmemberVillavicencioAyes – All The motion passed. 2.Snake Discovery, 831 Century Avenue North a.Conditional Use Permit Amendment Resolution b.Zoning Map Amendment Ordinance (Requires four votes) Community Development Director Parr andPlanner Hammond gave the presentation. Council discussed the item and asked questions of staff. October 23, 2023 City Council Meeting Minutes 5 Council Packet Page Number 6 of 124 E2 CouncilmemberJuenemannmoved to approve the conditional use permit amendment resolution for the property at 831 Century Avenue North, subject to certain conditions of approval. Resolution 23-10-2259 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Edward Robert, on behalf of Snake Discovery, has requested to amend the Conditional Use Permit for the property located at 831 Century Avenue North. 1.02The property located at 831 Century Avenue North is legally described as: Lots 31 and 32, Block 1 of Cahanes Acres; That part of Lot 1, Block 1 of Cahanes Acres, except the east 85 feet thereof, lying Southerly of the following described line: Beginning at a point on the West line of Lot 1, 21.9 feet North of the Southwest corner of said Lot, thence easterly to a point on the east line of Lot 1, 16.18 feet north of the Southeast corner of said Lot and there terminating; Also Lot 2, Block 1 of Cahanes Acres, except that part of the east 85 feet lying north of the following described line: Beginning at the northwest corner of said Lot 2; thence easterlyto a point on the east line of Lot 2, 5.3 feet south of the northeast corner of said lot and there terminating. PIN: 252922440052 Section 2. Standards. 2.01 General Conditional Use Permit Standards. City Ordinance Section 44- 1097(a) states that the City Council must base approval of a Conditional Use Permit on the following nine standards for approval. 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. October 23, 2023 City Council Meeting Minutes 6 Council Packet Page Number 7 of 124 E2 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. Section 3. Findings. 3.01The proposal meets the specific Conditional Use Permit standards. Section 4. City Review Process 4.01The City conducted the following review when considering this conditional use permit request. 1.On September 19, 2023, the Planning Commission held a public hearing. City staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission recommended that the City Council approve this resolution. 2.On October 9, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. The City Council tabled the discussion until the next meeting scheduled for October 23, 2023. 3.On October 23, 2023, the City Council discussed this resolution. They considered reports and recommendations from the planning commission and City staff. Section 5.City Council 5.01The City Council herebyapprovesthe resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.This conditional use permit, approved on October 23, 2023, supersedes the permit issued on June 3, 1971, and amended on June 1, 1988. All previous CUP conditions are terminated. October 23, 2023 City Council Meeting Minutes 7 Council Packet Page Number 8 of 124 E2 2.The city council will review the permit in one year. 3.Outdoor sales, storage, and display are not permitted in the parking lot. These activities are allowed, however, limited to the area underneath the canopy structure along the west side of the building or at the main entrance on the east side of the building, off Century Avenue. 4.A trash enclosure is required around all trash containers or dumpsters and shall be 100 percent opaque. The enclosure must meet city ordinance requirements in Section 44-19 (e). The owner will submit a plan detailing the proposed location and design of the trash enclosure before installation. The location of the trash enclosure shall minimize the loss of parking spaces. The enclosure is required to be maintained on the site at all times. 5.The fence surrounding the parking lot perimeter must be continuously maintained or repaired as needed. The fence shall be 100 percent opaque and 6 feet in height. 6.A landscaped and screened area shall be continuously maintained around the parking lot perimeter. Plantings shall be maintained in a neat and healthy condition. Plantings that have died shall be promptly replaced and must meet city ordinance requirements in Section 44-19 (a) – (d). 7.Exterior lighting is required to be reviewed by city staff before installation and to achieve city ordinance requirements. The applicant will submit all the necessary plans for review as described in Section 44-20 (c) (1). 8.Customers of thebusiness cannot park on adjacent residential streets. The owner will install a “stop” sign and a “no left turn” sign at the parking th lot exit onto 7Street East. The owner will coordinate the location and installation of the sign with the Public Works Department. 9.The parking lot area shown on the Overview Map – Site Plan, Dated October 16, 2023, is to be used exclusively for customer parking accessory to the primary commercial building on the parcel. The city council must approve any changes to the site through an amendment to this permit. Seconded by CouncilmemberVillavicencio Ayes – All The motion passed. Mayor Abramsmoved to approve an ordinance amending the City’s zoning map to rezone the west portion of the property at 831 Century Avenue North from R1, single-dwelling residential, to BC, business commercial. Seconded by CouncilmemberJuenemannAyes – Mayor Abrams Councilmember Juenemann Councilmember Villavicencio Nay – Councilmember Cave October 23, 2023 City Council Meeting Minutes 8 Council Packet Page Number 9 of 124 E2 Councilmember Lee The motion failed. J.NEW BUSINESS None K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:59 p.m. October 23, 2023 City Council Meeting Minutes 9 Council Packet Page Number 10 of 124 F1a CITY COUNCIL STAFF REPORT Meeting DateNovember 13, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: November 27: Workshop (5:30 pm): Interview Recruitment Consultant December 11: Workshop (5:30 pm): Zoning Code Language Updates; Birch Run Building Concept; Purple Line Project Update and North End Route Alternatives Council Meeting: Adoption of 2024 Budget Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Research translating of city policies (September 25, 2023) Council Schedule for Maplewood Living through May 2024: IssueContributor Due Date Melinda November 13, 2023 December 2023 Abrams December 15, 2023 January 2024 Juenemann January 17, 2024 February 2024 CaveFebruary16,2024 March 2024 Villavicencio March 15, 2024 April 2024 Lee April 17, 2024 May 2024 Council Packet Page Number 11 of 124 CITY COUNCIL STAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Perf. Meas. Coordinator PRESENTOR: Victoria Reinhardt, Ramsey County Commissioner Michael Reed, Ramsey County Division Manager, R&E Joint Leadership Team Annalee Garletz, R&E Food Scraps Pickup Program Supervisor AGENDA ITEM: Ramsey County Food Scraps Pickup Program Update Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Ramsey County Commissioner Victoria Reinhardt and members of the R&E team will share an update on the Ramsey County Food Scraps Pickup Program. Recommended Motion: No action required. 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: NA Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Organics recycling will help us in our efforts to decrease trash created and work towards a more sustainable environment. Background N/A Attachments 1. Presentation Council Packet Page Number 12 of 124 F3, Attachment 1 Council Packet Page Number 13 of 124 F3, Attachment 1 Council Packet Page Number 14 of 124 F3, Attachment 1 Council Packet Page Number 15 of 124 F3, Attachment 1 Council Packet Page Number 16 of 124 F3, Attachment 1 Council Packet Page Number 17 of 124 F3, Attachment 1 Council Packet Page Number 18 of 124 F3, Attachment 1 Council Packet Page Number 19 of 124 F3, Attachment 1 Council Packet Page Number 20 of 124 F3, Attachment 1 Council Packet Page Number 21 of 124 F3, Attachment 1 Council Packet Page Number 22 of 124 G1 Council Packet Page Number 23 of 124 G1, Attachments Council Packet Page Number 24 of 124 G1, Attachments Council Packet Page Number 25 of 124 G1, Attachments Council Packet Page Number 26 of 124 G1, Attachments Council Packet Page Number 27 of 124 G1, Attachments Council Packet Page Number 28 of 124 G1, Attachments Council Packet Page Number 29 of 124 G1, Attachments Council Packet Page Number 30 of 124 G1, Attachments Council Packet Page Number 31 of 124 G1, Attachments Council Packet Page Number 32 of 124 G1, Attachments Council Packet Page Number 33 of 124 G1, Attachments Council Packet Page Number 34 of 124 G1, Attachments Council Packet Page Number 35 of 124 G1, Attachments Council Packet Page Number 36 of 124 G1, Attachments Council Packet Page Number 37 of 124 G2 CITY COUNCILSTAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Certification of Delinquent Trash and Miscellaneous Accounts Receivable Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Annually, the City certifies certain delinquent accounts to Ramsey County for the purpose of levying special assessments on property tax statements for collection by the County. The delinquent accounts include trash bills and other miscellaneous charges. Property owners are notified of the pending certification to their property taxes, at an established rate of interest, if payment is not made within the legal timeframe. Recommended Action: Motion to approve the attached resolution certifying delinquent accounts receivable to the County Auditor. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The City makes every effort allowed under Minnesota Statutes to collect delinquent accounts. Background: Minnesota Statutes authorizes the certification of accounts for collection by the County with the owners’ property taxes. Miscellaneous charges generally include lawn mowing, snow removal, abatement of public nuisances, and other services provided by the City - typically on an involuntary basis. Trash accounts are billed by the hauler; however, delinquent trash accounts are certified by the City for collection on the property taxes. The collections are then forwarded to the hauler, with the exception of a service fee that the City charges for facilitating the collection. The lists of delinquent accounts are attached to this staff report. Council Packet Page Number 38 of 124 G2 Attachments: 1.Resolution Certifying Delinquent Accounts Receivable to the County Auditor 2. List of Delinquent Miscellaneous Accounts $27,147.75 3. List of Delinquent Trash Bills $114,603.25 4. List of Sewer Service Line Assessments $33,594.00 Council Packet Page Number 39 of 124 G2, Attachment 1 RESOLUTION No. ____ Resolution Certifying Delinquent Accounts Receivable to the County Auditor RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent accounts, totaling $175,345.00 for collection with the customers property taxes payable in 2024 and subsequent years, as specified, including interest at the appropriate rate on the total amount. Delinquent trash collection bills $114,603.25 Delinquent miscellaneous bills $27,147.75 Sewer service line assessments $33,594.00 Council Packet Page Number 40 of 124 G2, Attachment 2 CERTIFIED RECORD COPY (COUNTY)MISCELLANEOUS CHARGES ASSESSMENT RECORD Name of City CITY OF MAPLEWOOD MN Project Name MISCELLANEOUS CHARGES Desc. of Proj.Unpaid Miscellaneous Fees Spec. Asmnt Code RES # Total Amnt of Proj. as levied$27,147.75 Yr. To Start Asmnt.2024 No. Yrs. Asmnt. Run 1 Interest Rate N/A Calc. Method 0 Extra days & Mo. 1st Yr. 0 Line No. AFSPCDAFSPMCAFROLLAFPARCAFSTYRAFYRRNAFAMTR 1 0 0R 122822220052 20241220.00280 Mcknight Rd S 2 0 0R 022922240021 20241550.002945 White Bear Ave N 3 0 0R 132822110023 20241147.85801 Century Ave S 4 0 0R 132822110010 2024149.83815 Century Ave S 5 0 0R 132822140031 2024199.66867 Century Ave S 6 0 0R 132822140030 20241147.85873 Century Ave S 7 0 0R 142922330011 2024118.941735 Van Dyke St N 8 0 0R 102922330125 20241275.002240 Ide Ct N 9 0 0R 182922330036 20241550.001728 N Rice St 10 0 0R 142922330005 202411,881.781851 North Saint Paul Rd E 11 0 0R 152922240051 202418,800.001945 Dieter St N 12 0 0R 152922220020 20241330.001406 Belmont Ln E 13 0 0R 112922230008 202411,100.002515 N White Bear Ave 14 0 0R 122822320068 20241436.84520 Dorland Rd S 15 0 0R 032922140015 20241110.001715 E Beam Ave 16 0 1R 182922440011 20242770.00315 Larpenteur Ave E 17 0 2R 362922240005 202431,430.002510 Conway Ave E 18 0 3R 152922310002 202449,350.003001 White Bear Ave N 19 0 4R 152922310002 20245660.001908 Dieter St N 20 0 5R 182922440011 20246220.00319 Larpenteur Ave E TOTAL =27,147.75 I hereby certify that the above information is a true and accurate record of the unpaid miscellaneous fees assessment roll as adopted by the Maplewood City Council. Date Andrea Sindt City Clerk, City of Maplewood, Minnesota Council Packet Page Number 41 of 124 G2, Attachment 3 CERTIFIED RECORD COPY (COUNTY)TRASH BILLS ASSESSMENT RECORD Name of City CITY OF MAPLEWOOD MN Project Name TRASH BILLS Desc. of Proj.Unpaid Trash Fees Spec. Asmnt Code RES # Total Amnt of Proj. as levied$114,603.25 Yr. To Start Asmnt.2024 No. Yrs. Asmnt. Run 1 Interest Rate N/A Calc. Method 0 Extra days & Mo. 1st Yr. 0 Line No. AFSPCDAFSPMCAFROLLAFPARCAFSTYRAFYRRNAFAMTR 1 0 0R 142922340022 202411,239.021990 Ripley Ave 2 0 0R 242922220011 2024161.611608 Myrtle St N 3 0 0R 252922440026 20241958.46814 Mayhill Rd N 4 0 0R 092922440138 20241186.471273 Lark Ave 5 0 0R 172922410046 2024155.761861 Kenwood Dr W 6 0 0R 102922140042 20241182.672457 Flandrau St 7 0 0R 142922410009 20241276.011865 Mcknight Rd N 8 0 0R 252922410005 202411,171.102700 Harvester Ave E 9 0 0R 092922430005 20241619.052223 Duluth St 10 0 0R 112922340045 20241778.032197 German St 11 0 0R 032922340028 20241758.212649 Barclay St 12 0 0R 012922240065 20241965.152995 Bartelmy Ln 13 0 0R 252922120116 2024190.211111 Ferndale St N 14 0 0R 152922310023 20241431.541901 Hazelwood St 15 0 0R 362922110071 20241122.762648 Minnehaha Ave E 16 0 0R 252922330035 20241151.912339 Minnehaha Ave E 17 0 0R 152922310120 2024161.611851 Manton St 18 0 0R 152922310020 20241410.441887 Hazelwood St 19 0 0R 172922230088 20241353.992000 Edgemont St 20 0 0R 182922420113 20241926.441810 Jackson St 21 0 0R 152922420027 20241354.941910 Prosperity Rd 22 0 0R 182922340049 20241530.551694 Gurney St 23 0 0R 132822330060 2024166.892334 Snowshoe Ln E 24 0 0R 152922340024 20241358.821497 Larpenteur Ave E 25 0 0R 152922220020 20241816.191406 Belmont Ln E 26 0 0R 182922340051 20241467.121710 Gurney St 27 0 0R 182922340051 20241132.551494 Sterling St S 28 0 0R 182922340051 20241165.331712 Gurney St 29 0 0R 132822230023 20241647.542265 Phylis Ct E 30 0 0R 182922430043 20241123.221755 Agate St 31 0 0R 142922340017 20241123.221956 Ripley Ave 32 0 0R 152922310002 20241189.091908 Dieter St 33 0 0R 102922330108 2024171.092216 Ide Ct 34 0 0R 012922210036 202411,023.893023 Bellaire Ave 35 0 0R 252922130042 20241123.222573 Harvester Ave E 36 0 0R 102922340118 20241123.221467 County Road B E 37 0 0R 132822220081 20241642.37819 Dorland Rd S 38 0 0R 152922410045 20241341.891909 Flandrau St 39 0 0R 172922320024 202411,522.90436 Ripley Ave 40 0 0R 082922430025 20241791.46650 Viking Dr E 41 0 0R 132922330088 20241123.221774 Myrtle St 42 0 0R 122822220042 20241655.97318 Parkview Ln S 43 0 0R 152922310005 20241186.891890 Dieter St 44 0 0R 182922430018 20241455.18177 Larpenteur Ave E 45 0 0R 142922410007 20241143.951879 Mcknight Rd N 46 0 0R 022922310062 2024161.612796 White Bear Ave N 47 0 0R 042922120060 20241236.853079 Walter St 48 0 0R 172922120024 20241470.012166 Edgerton St 49 0 0R 172922220050 20241660.79381 Skillman Ave E 50 0 0R 122822130016 20241123.22422 Oday St S Council Packet Page Number 42 of 124 G2, Attachment 3 51 0 0R 092922110040 20241595.491282 Hilltop Ct 52 0 0R 102922240063 202411,438.972401 Hazelwood St 53 0 0R 152922210010 20241800.441425 Burke Ave E 54 0 0R 092922440038 20241455.441187 County Road B E 55 0 0R 012922240001 20241522.242997 Bellaire Ave 56 0 0R 102922340034 20241402.631504 Laurie Rd E 57 0 0R 252922110031 20241942.342638 Geranium Ave E 58 0 0R 092922110001 20241200.211290 County Road C E 59 0 0R 122822240040 2024161.61455 High Point Curv S 60 0 0R 042922120063 2024183.471114 County Road D E 61 0 0R 172922220059 20241688.132051 Desoto St 62 0 0R 082922330089 202412,344.77388 Viking Dr E 63 0 0R 362922110063 2024177.2864 Farrell St N 64 0 0R 012922240060 20241271.472423 Beam Ave 65 0 0R 152922440044 20241287.311803 Flandrau St 66 0 0R 182922110049 20241534.272088 Mississippi St Apt 201 67 0 0R 182922110047 2024161.612080 Mississippi St 68 0 0R 082922330074 20241134.62376 Viking Dr E 69 0 0R 012922210085 2024166.542388 Gall Ave 70 0 0R 092922110047 2024161.611277 Hilltop Ct 71 0 0R 132822320057 20241524.572331 Mamie Ave E 72 0 0R 362922110005 20241194.692688 Minnehaha Ave E 73 0 0R 012822120020 20241144.62195 Mcclelland St N 74 0 0R 022922330014 20241212.331803 County Road C E 75 0 0R 162922140060 2024196.141250 Ryan Ave E 76 0 0R 102922440011 2024155.221751 Lark Ave 77 0 0R 042922140093 2024176.971241 Chateau Ave 78 0 0R 152922310014 20241276.011539 Ripley Ave 79 0 0R 182922340009 20241315.821765 Gurney St 80 0 0R 172922430034 2024164.26624 Price Ave 81 0 0R 132922320070 2024196.141855 Myrtle St 82 0 0R 252922240007 2024157.281037 Sterling St N 83 0 0R 152922130009 20241297.701637 Frost Ave 84 0 0R 252922140022 20241206.832675 Midvale Pl E 85 0 0R 132822140066 2024167.112705 Pinkspire Ln E 86 0 0R 252922330001 20241524.572338 Stillwater Rd E 87 0 0R 152922110011 20241971.611747 Burke Ave E 88 0 0R 242922210013 2024196.141652 Lakewood Dr N 89 0 0R 082922430014 20241302.262172 Payne Ave 90 0 0R 182922110047 20241260.792080 Mississippi St Apt 201 91 0 0R 162922110003 20241509.651276 Junction Ave 92 0 0R 142922340086 20241795.871909 Larpenteur Ave E 93 0 0R 152922410061 20241215.361827 Flandrau St 94 0 0R 172922440271 20241207.651741 Arcade St 95 0 0R 122822320026 20241420.22533 Lakewood Dr S 96 0 0R 172922310015 20241288.491854 Desoto St 97 0 0R 242822420005 20241397.541490 Sterling St S 98 0 0R 032922340021 20241427.942673 Hazelwood St 99 0 0R 242922240046 2024166.542444 Montana Ave E 100 0 0R 012822140071 2024171.4727 Farrell St N 101 0 0R 172922120028 2024161.612086 Edgerton St 102 0 0R 252922310024 20241455.87888 Bartelmy Ln N 103 0 0R 182922430053 2024161.611760 City Heights Dr 104 0 0R 092922440132 2024199.881212 Leland Rd E 105 0 0R 182922110042 20241162.842048 Mississippi St 106 0 0R 172922430019 20241273.941697 Payne Ave 107 0 0R 182922340071 20241150.661715 Jackson St 108 0 0R 152922320018 20241123.221824 Ide St 109 0 0R 182922110042 20241194.212048 Mississippi St 110 0 0R 182922430018 20241174.00177 Larpenteur Ave E 111 0 0R 362922140009 20241282.982695 Fremont Ave E 112 0 0R 172922140045 2024174.931959 Kenwood Dr W 113 0 0R 132822240074 20241186.382437 Schaller Dr E 114 0 0R 252922140051 20241538.232668 Midvale Pl E Council Packet Page Number 43 of 124 G2, Attachment 3 115 0 0R 012822140084 20241381.2970 Dennis Ln N 116 0 0R 092922440068 202411,129.701247 Leland Rd E 117 0 0R 082922440023 20241164.93741 County Road B E 118 0 0R 012922120016 20241380.283043 Lake St N 119 0 0R 022922320052 2024164.261815 Radatz Ave 120 0 0R 162922140030 20241359.592021 Chambers St 121 0 0R 362922110066 20241564.50609 Farrell St N 122 0 0R 022922330023 20241101.541892 Kohlman Ave 123 0 0R 162922440037 20241967.301765 English St 124 0 0R 252922240010 20241918.582497 Stillwater Rd E 125 0 0R 152922120004 20241564.501655 Burke Ave E 126 0 0R 152922310040 20241219.991840 Barclay St N 127 0 0R 012922240074 20241801.302937 Chippewa Ave N 128 0 0R 122822320023 20241168.20511 Lakewood Dr S 129 0 0R 142922410040 2024196.141811 Howard St N 130 0 0R 142922440039 20241778.032169 Larpenteur Ave E 131 0 0R 132822140087 2024196.142631 Red Pine Cir E 132 0 0R 252922330005 20241778.032322 Stillwater Rd E 133 0 0R 132822140031 20241209.58867 Century Ave S 134 0 0R 142922410021 20241785.771830 Howard St N 135 0 0R 252922130050 20241151.912505 Harvester Ave E 136 0 0R 092922430004 20241423.982233 Duluth St N 137 0 0R 022922410037 20241306.012190 Mapleview Ave E 138 0 0R 082922330082 20241162.282256 Arkwright St N 139 0 0R 042922130054 20241161.352982 Walter St N 140 0 0R 152922420039 2024196.141818 Prosperity Rd N 141 0 0R 016292222013 20241842.672020 Arcade St N 142 0 0R 102922310065 2024185.421480 Sherren Ave E 143 0 0R 042922440027 2024163.461251 County Road C E 144 0 0R 102922130052 20241117.372420 Hazelwood St N 145 0 0R 102922130073 20241194.691552 Brooks Ave E 146 0 0R 252922140005 20241395.562664 Stillwater Rd E 147 0 0R 252922410065 202411,598.25883 Century Ave N 148 0 0R 182922420013 202411,441.08128 Roselawn Ave E 149 0 0R 152922210036 202411,009.892116 Barclay St N 150 0 0R 152922230114 2024161.611401 Frost Ave E 151 0 0R 252922110013 20241453.241168 Ferndale St N 152 0 0R 012822130079 202411,784.5956 Oday St N 153 0 0R 102922340075 20241953.611450 Lark Ave E 154 0 0R 102922110015 2024161.582554 Bittersweet Ln 155 0 0R 242822230014 20241137.651323 Dorland Rd S 156 0 0R 242922210019 202411,045.301608 Lakewood Dr N 157 0 0R 122822240073 20241194.692438 Pond Ave E 158 0 0R 182922430070 20241769.96117 Kingston Ave E 159 0 0R 152922240030 20241936.242004 Barclay St N 160 0 0R 152922410076 20241144.631896 Kennard St N 161 0 0R 102922420009 20241684.591547 Grandview Ave E 162 0 0R 162922140004 20241384.552015 English St N 163 0 0R 362922140026 20241305.90548 Ferndale St N 164 0 0R 172922210047 20241196.782098 Burr St N 165 0 0R 252922330014 20241967.302352 Bush Ave E 166 0 0R 092922210061 20241861.392574 Cypress St N 167 0 0R 252922120006 20241646.881167 Glendon St N 168 0 0R 172922320029 20241824.891780 Mcmenemy St 169 0 0R 162922410040 20241625.051201 Frisbie Ave 170 0 0R 152922140079 20241958.461731 Rosewood Ave N 171 0 0R 172922220101 2024157.66351 Belmont Ln E 172 0 0R 172922110062 20241282.30756 Belmont Ln E 173 0 0R 122822240032 202411,104.76389 High Point Curv S 174 0 0R 172922310018 20241448.251830 Desoto St N 175 0 0R 252922130044 202411,014.332561 Harvester Ave E 176 0 0R 122822330185 20241608.762373 Linwood Ave E 177 0 0R 012822120032 20241355.47187 Brookview Ct N 178 0 0R 152922310073 20241700.981901 Barclay St Council Packet Page Number 44 of 124 G2, Attachment 3 179 0 0R 082922430028 2024196.222232 Searle St 180 0 0R 012822130020 20241916.0464 Ferndale St N 181 0 0R 032922330036 2024185.491324 Kohlman Ave 182 0 0R 132822310027 20241278.621014 Crestview Dr S 183 0 0R 252922340048 2024196.14795 Mary St N 184 0 0R 242922440106 20241103.511292 Dennis St N 185 0 0R 152922220036 20241196.261399 Skillman Ave E 186 0 0R 122822320003 20241128.15486 Lakewood Dr S 187 0 0R 172922220033 20241967.30394 Eldridge Ave E 188 0 0R 242922440136 2024191.181279 Dennis St N 189 0 0R 172922410073 20241880.241869 Arcade St 190 0 0R 082922430048 20241215.202175 Kenwood Ct 191 0 0R 252922140053 2024176.572686 Midvale Pl E 192 0 0R 182922340040 20241178.241730 Sylvan St 193 0 0R 102922330076 20241260.472246 English St 194 0 0R 102922430064 20241443.781586 Sandhurst Ave E 195 0 0R 162922440043 2024179.741755 Atlantic St 196 0 0R 172922210039 202411,014.332087 Burr St 197 0 0R 122822130082 20241918.40397 Mary St S 198 0 0R 122822310023 20241221.782399 Oakridge Dr E 199 0 0R 122822310013 20241123.22513 Crestview Dr S 200 0 0R 152922140070 2024184.691751 Frost Ave 201 0 0R 092922210045 202411,129.702629 Forest St 202 0 0R 152922330074 2024161.611331 Larpenteur Ave E 203 0 0R 022922140022 20241785.802938 Howard Ct 204 0 0R 252922120011 20241967.301145 Glendon St N 205 0 0R 012822120009 2024184.69177 Ferndale St N 206 0 0R 152922240044 2024161.611938 Barclay St 207 0 0R 152922340062 20241286.191746 Birmingham St 208 0 0R 132822230088 202411,014.33910 Lakewood Ct S 209 0 0R 152922340085 20241967.301706 Barclay St 210 0 0R 362922140009 20241364.622695 Fremont Ave E 211 0 0R 132822410072 2024172.282684 Highwood Ave E 212 0 0R 172922340076 20241350.931715 Edgerton St 213 0 0R 122822320057 20241194.692268 Teakwood Ct E 214 0 0R 022922320044 20241258.392812 Southlawn Dr 215 0 0R 122822330184 2024167.092371 Linwood Ave E 216 0 0R 162922410010 20241503.781279 Ripley Ave 217 0 0R 242922220001 20241227.342376 Larpenteur Ave E 218 0 0R 172922130080 20241818.271933 Payne Ave 219 0 0R 022922310064 2024155.532792 White Bear Ave N 220 0 0R 032922330021 20241200.151410 Kohlman Ave 221 0 0R 012822140021 20241128.6384 Mayhill Rd N 222 0 0R 172922340074 20241967.301773 Burr St 223 0 0R 122822130045 20241163.96433 Oday Cir S 224 0 0R 252922340072 20241314.62805 Meyer St N 225 0 0R 152922410048 20241883.781895 Flandrau St 226 0 0R 132822210049 20241753.67826 Sterling St S 227 0 0R 142922440022 20241967.302222 Ripley Ave 228 0 0R 162922420074 20241148.611800 Edward St 229 0 0R 182922420042 2024190.83142 Bellwood Ave 230 0 0R 172922110020 20241366.932132 Greenbrier St 231 0 0R 182922340038 20241433.601720 Sylvan St 232 0 0R 182922340072 20241806.961709 Jackson St 233 0 0R 022922410049 2024161.612239 Radatz Ave 234 0 0R 142922340039 20241101.431916 Kingston Ave E 235 0 0R 252922420025 2024161.61938 Sterling St N 236 0 0R 142922440029 20241121.371765 Howard St N 237 0 0R 032922440031 202411,129.702675 Gem St N 238 0 0R 012822140022 20241858.3570 Mayhill Rd N 239 0 0R 102922130075 202412,085.412499 Germain St 240 0 0R 122822430050 20241194.69663 Ferndale St S 241 0 0R 162922310018 20241580.771874 E Shore Dr 242 0 0R 182922420096 20241218.411805 Agate St Council Packet Page Number 45 of 124 G2, Attachment 3 243 0 0R 132822140030 20241162.44873 Century Ave S 244 0 0R 152922240069 20241718.261467 Frost Ave 245 0 0R 102922330132 2024161.612163 Mcafee Cir 246 0 0R 172922230069 20241460.031986 Mcmenemy St 247 0 0R 102922130034 20241220.001632 Sextant Ave E 248 0 0R 172922230092 20241193.311986 Clark St 249 0 0R 152922240081 20241346.171937 Dieter St 250 0 0R 032922440019 20241548.651763 County Road C E 251 0 0R 242922230097 20241324.132322 Nebraska Ave E 252 0 0R 162922440059 20241654.561728 Duluth St 253 0 0R 082922430018 20241382.432183 Payne Ave 254 0 0R 162922110049 20241489.672047 Chambers St N 255 0 0R 162922420100 20241132.551082 Fenton St 256 0 0R 012822120039 20241194.69222 Sterling St N 257 0 0R 182922130007 20241873.051970 Adolphus St 258 0 0R 042922440028 20241134.791255 County Road C E 259 0 0R 112922340017 20241324.132255 Craig Pl 260 0 0R 032922330040 2024161.612676 English St N 261 0 0R 362922110018 20241997.382687 Margaret Ave E 262 0 0R 102922430031 20241164.771649 Sandhurst Ave E 263 0 0R 162922110082 20241507.731207 Belmont Ln E 264 0 0R 182922420063 2024166.54217 Summer Ave 265 0 0R 242922220043 2024196.141655 Currie St N 266 0 0R 172922430029 202411,789.26604 Kingston Ave 267 0 0R 122822320085 20241232.882310 Hillwood Dr E 268 0 0R 152922240074 20241112.751963 Barclay St 269 0 0R 102922330118 20241123.222245 Ide Ct N 270 0 0R 152922240038 2024166.542019 Dieter St TOTAL =114,603.25 I hereby certify that the above information is a true and accurate record of the unpaid trash fees assessment roll as adopted by the Maplewood City Council. Date Andrea Sindt City Clerk, City of Maplewood, Minnesota Council Packet Page Number 46 of 124 G2, Attachment 4 CERTIFIED RECORD COPY (COUNTY)MISCELLANEOUS SEWER CHARGES ASSESSMENT RECORD Name of City CITY OF MAPLEWOOD MN Project Name MISCELLANEOUS SEWER CHARGES Desc. of Proj.Sewer Line Services Spec. Asmnt Code RES # Total Amnt of Proj. as levied$33,594.00 Yr. To Start Asmnt.2024 No. Yrs. Asmnt. Run 10 Interest Rate 5.2600% Calc. Method 0 Extra days & Mo. 1st Yr. 0 Line No. AFSPCDAFSPMCAFROLLAFPARCAFSTYRAFYRRNAFAMTR 1 0 0R 252922340022 202417,900.00756 MARY STREET N 2 0 0R 102922340112 2024110,344.001423 COUNTY ROAD B EAST 3 0 0R 152922330042 2024115,350.001701 BIRMINGHAM STREET TOTAL =33,594.00 I hereby certify that the above information is a true and accurate record of the unpaid miscellaneous fees assessment roll as adopted by the Maplewood City Council. Date Andrea Sindt City Clerk, City of Maplewood, Minnesota Council Packet Page Number 47 of 124 G3 CITY COUNCILSTAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER: Andrea Sindt, City Clerk AGENDA ITEM: Resolution Designating Absentee/Early Voting Location for 2024 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Per Minnesota Statutes 203B.081 subd. 6, added by Chapter 62, Article 4, Sections 47-48, designation of an absentee/early voting location, including days and hours, must be done at least 14 weeks before an election. Maplewood City Hall will continue to be the site of absentee/early voting for Maplewood residents through this designation. Recommended Action: Motion to approve the resolution designating absentee/early voting location for 2024 Elections. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The designation of absentee/early voting location is required by state statute. Background The 2023 Minnesota Legislature made many changes to the election statutes with varied effective dates. One on the new requirements is the designation of absentee/early voting location 14 weeks before the election. As the first election in 2024 is the Presidential Nomination Primary on March 5, 2024, this designation must be completed by November 28, 2023. The resolution designates Maplewood City Hall during normal business hours and the additional hours which were also revised during the 2023 session by Chapter 62, Article 4, Section 50. Attachments 1.Resolution Designating AB/EV Location for 2024 Council Packet Page Number 48 of 124 G3, Attachment 1 City of Maplewood Ramsey County, Minnesota Resolution Designating Absentee/Early Voting Location 2024 Elections WHEREAS, Minnesota Statutes 203B.081, subd 6, adopted in 2023 and added by Chapter 62, Article 4, Sections 47-48, requires the City Council to designate absentee/early voting locations at least 14 weeks before the election; and WHEREAS, the designation shall also include the days and times; and WHEREAS, changes to the polling place location may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby designates the following absentee/early voting location with days and times for each election conducted in the city in 2024: Location: Maplewood City Hall, 1830 County Road B East, Maplewood Presidential Nomination Primary (PNP) Election days and hours: January 19, 2024 to March 1, 2024, Monday through Friday 8:00am to 4:30pm Additionally Saturday, March 2, 2024 from 9:00am to 3:00pm and Monday, March 4, 2024 from 8:00am to 5:00pm State Primary Election days and hours: June 28, 2024 to August 9, 2024, Monday through Friday 8:00am to 4:30pm Additionally Saturday, August 10, 2024 from 9:00am to 3:00pm and Monday, August 12, 2024 from 8:00am to 5:00pm State General Election days and hours: September 20, 2024 to November 1, 2024, Monday through Friday 8:00am to 4:30pm Additionally Saturday, October 26, 2024, Saturday, November 2, 2024, and Sunday, November 3, 2024 from 9:00am to 3:00pm, Tuesday, October 29, 2024 until 7:00pm, Monday, November 4, 2024 from 8:00am to 5:00pm AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place location meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution when necessary to ensure a safe and secure location for voting; AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place location designations to the Ramsey County Elections Office. Approved by Maplewood City Council on November 13, 2023. Council Packet Page Number 49 of 124 G4 CITY COUNCILSTAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk PRESENTER: Andrea Sindt AGENDA ITEM: Resolution Redefining Precinct Boundaries Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The legislative district map had modifications to the boundaries of Senate District 44 which lie within the city of Maplewood and specifically within Precinct 10. Per state statute, the boundary change will not be effective for the Presidential Nomination Primary and will be effective for the 2024 August State Primary. Recommended Action: Motion to approve the resolution redefining precinct boundaries. 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 CommunicationOperational EffectivenessTargeted Redevelopment Boundary changes are required to be approved by December 1 for the following year’s elections. Background: The 2023 Minnesota Legislature made many changes to the election statutes with varied effective dates. Minor changes were made to the legislative district map by Chapter 62, Article 4, Section 4. One of the districts which requires a boundary adjustment is Senate District 44, specifically for the boundary of the House District 44A and 44B. The adjustment occurs within Maplewood precinct 10 which was also the site of a change from the last redistricting. The change moves all of precinct 9 with 1305 registered voters and the portion of precinct 10 north of Maryland Avenue with 1120 registered voters into House District 44A, for a total of 2425 voters. The portion of Maplewood remaining in House District 44B will be the redefined precinct 10 with 592 registered voters. Council Packet Page Number 50 of 124 G4 Precinct boundary changes are required to be approved by December 1, 2023 for 2024 elections. The boundary change will go into effect for the statewide primary in August 2024 and thus will not be effective for the Presidential Nomination Primary (PNP). Voters in the northern portion of precinct 10 will vote in precinct 10 for the PNP and then will be redefined as part of precinct 9 for the following elections. Although this change will be confusing for the voters, both polling locations for precinct 9 and 10 are housed in Justice Alan Page Elementary so voters can be directed to the correct area rather than to a new destination. Attachments: 1.Resolution 2. Map Council Packet Page Number 51 of 124 G4, Attachment 1 City of Maplewood Ramsey County, Minnesota Resolution Redefining Precinct Boundaries WHEREAS, the 2023 legislature of the State of Minnesota made minor changes to the Legislative District Map; and WHEREAS, precinct boundary changes must be approved prior to the December 1, 2023 deadline for the 2024 elections; and WHEREAS, the redefined boundaries take affect after the Presidential Nomination Primary in March and for the August State Primary election; and WHEREAS, Minn. Stat. section 2.144 added by Chapter 62, Article 4, Section 4 requires the precinct boundaries of Senate District 44 be adjusted; and WHEREAS, the boundary adjustment lies within Maplewood Precinct 10. NOW, THEREFORE BE IT RESOLVED that the Maplewood City Council hereby designates the following redefined precinct boundaries and polling places to be effective beginning with the August 2024 State Primary: Precinct 9 Justice Alan Page Elementary School, 2410 Holloway Avenue E. That part of the city lying with Lakewood Drive and McKnight Road to the West, Holloway Avenue and North St Paul/Maplewood Boundary Line to the North, Century Avenue to the East, Maryland Ave to the South Precinct 10 Justice Alan Page Elementary School, 2410 Holloway Avenue E. That part of the city lying with Lakewood Drive to the West, Maryland Ave to the North, Century Avenue to the East, Stillwater Road to the South AND BE IT FURTHER RESOLVED that the city clerk be instructed to send notice of this act to the Ramsey County Elections Office and the Minnesota secretary of state, AND BE IT FURTHER RESOLVED, that the city clerk is directed to post notice of this act. th Adopted by the City Council this 13day of November, 2023. Council Packet Page Number 52 of 124 G4, Attachment 2 Redefined Precinct 9 Effective for August 2024 Primary Redefined Precinct 10 Effective for August 2024 Primary Council Packet Page Number 53 of 124 G5 CITY COUNCIL STAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM:Off-Sale Intoxicating Liquor License for YangChi LiquorLLC, dba YangChi Liquor, 2728 Stillwater Road E Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: In accordance with City Code Chapter 6 (Alcoholic Beverages), an application for an Off-Sale Intoxicating Liquor license was submitted by Lue Yang, new owner of YangChi Liquor LLC, dba YangChi Liquor, who will take over operation of Maplewood Liquor & Tobacco Outlet, 2728 Stillwater Road E Recommended Action: Motion to approve the Off-Sale Intoxicating Liquor License for YangChi Liquor LLC, dba YangChi Liquor, 2728 Stillwater Road E Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is 0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: NA Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of an Off-Sale Intoxicating Liquor license, per City Code Sec. 6-165. Background: For the purposes of the license application a background investigation was conducted Mr. Yang. In addition, Lieutenant Steiner will be meeting with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to the service of alcohol. Attachments: None Council Packet Page Number 54 of 124 G6 CITY COUNCIL STAFF REPORT Meeting Date November 13, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager Marylee Abrams, Mayor PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: SPRWS Representation Agreement Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The Cities of Falcon Heights, Lauderdale, Maplewood, Mendota Heights and West St. Paul have all contracted with the SPRWS for the provision of their water services. These five suburban cities are represented by two seats on the Board of Water Commissioners. The current agreement for Suburban Representation on the Board of Water Commissioners will expire on December 31, 2023. The attached agreement stipulates how the two seats will be filled by the five municipalities beginning on January 1, 2024. Recommended Action: Motion to approve the Agreement Regarding Suburban Representation on Board of Water Commissioners. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is NA Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: NA Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment NA Background: The City of Maplewood and the Board of Water Commissioners for SPRWS entered into an agreement dated October 30, 1996 for the provision of water service by the Board to properties within the City of Maplewood. The Cities of Falcon Heights, Lauderdale, Mendota Heights and Council Packet Page Number 55 of 124 G6 West St. Paul have also contracted with the Board for the provision of their water services. Mendota Heights is the most recent to contract with SPRWS for water service. If approved by all member cities, which is expected, the City of Maplewood will continue to have a permanent seat on the Board while the other four suburban communities would rotate in two-year durations on the second seat. MaplewoodÓs current representative for the City is Mayor Marylee Abrams. Attachments: 1. Agreement Regarding Suburban Representation on Board of Water Commissioners Council Packet Page Number 56 of 124 G6, Attachment 1 AGREEMENT REGARDING SUBURBAN REPRESENTATION ON BOARD OF WATER COMMISSIONERS This agreement (the ÐAgreementÑ) is made and entered into as of this _____ day of _______________ 2023, by and among the Cities of Falcon Heights, Lauderdale, Maplewood, Mendota Heights, and West St. Paul, each a municipal corporation under the laws of Minnesota (collectively, the ÐSuburban CitiesÑ or the ÐPartiesÑ). WITNESSETH: WHEREAS, the Board of Water Commissioners (the ÐBoardÑ), is a municipal corporation organized under the 1885 Laws of the State of Minnesota, Chapter 110, which laws originally provided for a five-member governing commission; and WHEREAS, the Saint Paul Charter Commission and Saint Paul City Council by Resolution No. 96-1365 authorized that the composition and governance of the Board be enlarged and changed so as to allow for representation by suburban municipalities that have contracted with the Board for the provision of water services; and WHEREAS, prior to January 1, 1998 the Board consisted of five total members: three Saint Paul City Council members appointed to two-year terms by the Mayor of Saint Paul, and two at-large Saint Paul citizen members appointed to four-year terms by the Mayor of Saint Paul; and WHEREAS, in a contract between the Board and the City of Maplewood for the provision of water services entered into as of October 30, 1996 (the ÐMaplewood AgreementÑ), Maplewood and the Board agreed to enlarge Board membership to six total members with the additional member representing Maplewood; and WHEREAS, in the Maplewood Agreement, the Board also agreed to enlarge the Board membership to seven total members in the event that other suburban cities enter into similar agreements with the Board; and WHEREAS, the Cities of Falcon Heights, Lauderdale, Mendota Heights, and West St. Paul have executed agreements with the Board similar to the Maplewood Agreement, and therefore MA745-1-882698.v2 Council Packet Page Number 57 of 124 G6, Attachment 1 Board membership has been expanded to a total of seven members to increase the suburban representation on the Board; and WHEREAS, the Suburban Cities are currently Parties to an agreement for representation on the Board which expires on December 31, 2023; and WHEREAS, the Suburban Cities now wish to enter into a new 8-year agreement with new terms for shared representation on the Board. NOW, THEREFORE, the Suburban Cities agree as follows: SECTION I. GENERAL PURPOSE It is the general purpose of this Agreement to jointly and cooperatively develop a plan for representation by the Suburban Cities on the Board beginning January 1, 2024. SECTION II. SELECTION OF SUBURBAN REPRESENTATIVE TO THE BOARD OF WATER COMMISSIONERS The Parties agree that the two suburban representatives shall be selected on the following basis and according to the following terms: 1. The two suburban seats shall be designated as Seat A and Seat B. 2. Maplewood shall appoint a representative to the Board for Seat A. During the term of this Agreement, MaplewoodÓs appointee shall serve for such period or may be replaced with another representative as desired by the Maplewood City Council. MA745-1-882698.v2 Council Packet Page Number 58 of 124 G6, Attachment 1 3. The second suburban representative shall be designated as Seat B, and shall consist of two-year terms commencing January 1, 2024 and shall be rotated among the suburban representatives in the following order: a. January 1, 2024- December 31, 2025 Î Falcon Heights b. January 1, 2026- December 31, 2027 Î Mendota Heights c.January 1, 2028- December 31, 2029 Î West St. Paul d. January 1, 2030- December 31, 2031 - Lauderdale 4. The Parties agree that in the event an additional suburban community enters into a Water Service Agreement similar to those agreements executed by and between the Board and the Suburban Cities, this Agreement may be amended to include any such additional communities, which communities shall be subject to the same terms and conditions as the original communities. Maplewood hereby acknowledges that should additional cities join, Seat A may not remain an exclusive seat for Maplewood. 5. Vacancies Î The Parties agree that a vacancy on the Board of Seat B shall be filled by the City currently holding the appointment and shall be for the period remaining in the term. 6. Amendment Î The Parties agree that this Agreement may be amended only as may be mutually agreed to in writing by all of the Suburban Cities currently represented on the Board at the time of amendment. 7. Duration Î The Parties agree that the term of this agreement shall continue until December 31, 2031, unless otherwise amended as provided herein. \[the remainder of this page left intentionally blank\] MA745-1-882698.v2 Council Packet Page Number 59 of 124 G6, Attachment 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf respectively as of the day and year first above written. Approved as to form: CITY OF FALCON HEIGHTS By: By: City Attorney Randy Gustafson Mayor, City of Falcon Heights Date: Date: By: Jack Linehan City Administrator, City of Falcon Heights Date: Approved as to form: CITY OF LAUDERDALE By: By: City Attorney Mary Gaasch Mayor, City of Lauderdale Date: Date: By: Heather Butkowski City Administrator, City of Lauderdale Date: MA745-1-882698.v2 Council Packet Page Number 60 of 124 G6, Attachment 1 Approved as to form: CITY OF MAPLEWOOD B y: By: City Attorney Marylee Abrams yor, City of Maplewood Ma Date: Date: By: Melinda Coleman City Manager, City of Maplewood Date: Approved as to form: CITY OF WEST ST. PAUL By: By: City Attorney Dave Napier Mayor, City of West St. Paul Date: Date: By: Nate Burkett City Manager, City of West St. Paul Date: MA745-1-882698.v2 Council Packet Page Number 61 of 124 G6, Attachment 1 Approved as to form: CITY OF MENDOTA HEIGHTS B y: By: City Attorney Stephanie Levine yor, City of Mendota Heights Ma Date: Date: By: Cheryl Jacobson City Administrator, City of Mendota Heights Date: MA745-1-882698.v2 Council Packet Page Number 62 of 124 G7 CITY COUNCILSTAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer Scott Schultz, Utility/Fleet Superintendent PRESENTER:Steven Love AGENDA ITEM: Fixed Price Fuel Programfor 2024Contract Fuel Purchases Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council will consider entering into a contract with the State of Minnesota Fixed Price Fuel Program for 2024. Recommended Action: Motion to direct the Mayor and City Manager to authorize the Utility and Fleet Superintendent to enter into a contract with the State of Minnesota Fixed Price Fuel Program for 2024 fuel purchases. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is To Be Determined Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The funding for fuel purchases is through the Fleet Fund and is accounted for in the proposed 2024 City Budget. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The annual contracting for gasoline and diesel fuel are an operational need for the City to function and entering into a fixed price contract for 2024 provides budget stability throughout 2024. Background With the uncertainties in the oil markets locking in fuel prices at a known price for 2024 is important in order to have stability in the budgeting process throughout the year. The City will plan to lock into stst a contract with the State from February 1, 2024 through January 31, 2025. In order for the state’s th Fuel Core Team to secure prices, all participants must submit fuel quantities by November 14, 2023. Once all participants have submitted their quantities, the States Fuel Core Team will work with fuel market professionals to lock into the most competitive prices available at the time. Council Packet Page Number 63 of 124 G7 When the prices are set and a vendor is chosen for the state contract, the vendor will be supplying the City with 57,600 gallons of gas (4,800 gallons/month) and 33,600 gallons of diesel (2,800 gallons/month) for the stated period. The following is a comparison of current and recent contract years: GasDiesel YearPriceYearPrice 2020$2.11/gallon2020$2.24/gallon 2021$1.90/gallon2021$1.93/gallon 2022$2.80/gallon2022$2.94/gallon 2023$2.70/gallon2023$3.32/gallon 2024To be determined2024To be determined The first attachment is an overview of the proposed “Fixed Price Fuel Program”. The second st attachment outlines the fuel quantity commitments for gas and diesel for February 1, 2024 to st January 31, 2025. The City’s Finance Director and City Attorney have reviewed the conditions of this program. Attachments 1.Overview of Fuel Consortium and Fixed Price Program 2.Fuel Quantities Commitment Form Council Packet Page Number 64 of 124 G7, Attachment 1 Fuel ConsortiumProgram- Overview Attachment A The current Contract with Mansfield Oil is set to expire January 31, 202. Due to market conditions and the solicitation process, the procurement team is exploring pricing option for a new program that will begin February 1, 202. In order to achieve this, participants must submit their quantities for the Fixed Price Fuel Program no later than , 20. Fixed Price Fuel Program – Agencies participating in the Fixed Price Fuel Program are required to take 100% of its monthly quantity committed and the Contractor is required to provide 100% of the monthly quantities contracted. The program will be for 12 months, from February 1, 202 through January 31, 202. -If the original purchaser is unable to take all of the monthly committed gallons, the Contractor will be responsible for contacting other location participating the Fixed Price Fuel Contract to determine if they are able to take additional gallons. -If the Contractor is able to ship the unused gallons from the original participating purchaser to another participating agency, there will be no cost to the original participating agency. If the Spot Price is less than the Fixed Price, participants are not required to take more than the monthly amount they committed to. -If the Contractor is unable to ship the unused gallons from the original participating purchaser to another participating agency, they may sell the unused gallons on the open market and either debit or credit the difference in price back to the original participating purchaser based on the open market sell price. -If the Contractor is unable to provide all of the monthly committed gallons to a participating member bythe due date and time, the participating member may purchase the product on the open market and charge the Contractor for any actual additional costs incurred. Spot Price Program – In addition to the Fixed Price Program, we will include a Spot Price Program for Participants to handle extra fuel needs over and above the committed quantities in the Fixed Price Program. Only Participants in the Fixed Price Program may use the Spot Prices offered by the Contractor. If the Contractor is unable to provide the order quantity to a State agency or CPV member by the required due date and time, the State agency or CPV member may purchase the product on the open market and charge the Contractor for any actual additional costs incurred. The signature below and/or submission of the Order Form (Attachment B) certify that your Entity agrees to all terms, conditions, and prices of any Contract agreement entered into on its behalf by the State of Minnesota, which includes, by is not limited to, taking 100% of the monthly fuel quantities submitted for the Fixed Price Program on the Fuel Order Form (Attachment B). There is no requirement to take any product(s) using the Spot Price Program. DjuzpgNbqmfxppe Agency Name: _____________________________________________________________________________________ 2:13DpvouzSpbeCFbtuNbqmfxppe-NO6621: Address: _________________________________________________________________________________________ TdpuuTdivmu{Vujmjuz0GmffuTvqfsjoufoefou Contact Person: _____________________________________ Title: _________________________________________ tdpuu/tdivmu{Anbqmfxppeno/hpw 762.35:.3541o0b Phone No.: ______________________ Fax: _____________________ Email: _________________________________ Authorized Signature: ______________________________________________________________________________ Council Packet Page Number 65 of 124 G7, Attachment 2 0 Diesel Premium 0 *B5 Winter 0 *B20 0 B15 B10 2,8002,8002,8002,8002,8002,8002,8002,8002,8002,8002,8002,800 33600 0 E-85 (In Gallons) Estimated Annual Usage 4,8004,8004,8004,8004,8004,8004,8004,8004,8004,8004,800 4,800 57600 Gasoline May July April June March August Totals October December November September January (2025) February (2024) Fuel Type Fixed Price Program Commitment Quantities by Gallon (by Month, by Fuel Type) Spot Price Program - For Informational Purposes Only *Blank cells will be considered '0' gallons for that specific type and month*500 Gallon minimum delivery QTY*NOTE: 20% biodiesel mandated April through September, otherwise 5% biodiesel. Provide an estimate of the number of gallons you might purchase from the contract using the Spot Price Program. There is no commitment implied by providing the estimated usage - this is for informational purposes only. *500 gallon minimum per delivery.GasolineE-85Diesel 2024-2025 Fuel Consortium Purchase Program Fixed Price Program . It is not recommended that you commit all of your fuel Agencies should consider the amount of its annual usage it wants to Return Excel Version of Order Form to jack.moore@state.mn.usDue Date: November 14, 2023 Page 1 of 2Participation in the Fixed Fuel Program requires the State agency or CPV member located in the nine (9) county metropolitan area to take 100% of the quantity pledged on this Fuel Order Form.Participants must have a capacity for taking at least 500 gallons per delivery.PLEASE NOTE: commit to this program. needs to the Fixed Price Program. The Spot Price Program may be used for additional fuel requirements*Submission of this form certifies that your Entity agrees to all terms, conditions, andprices of any Contract agreement entered into on its behalf by the State of Minnesotawhich includes, but is not limited to, taking 100% of the monthly fuel quantities submittedfor the Fixed Price Program on the Fuel Order Form. There is no requirement to takeany product using the Spot Price Program.Name: Scott SchultzAgency: City of MaplewoodDate: November 14th, 2023 Council Packet Page Number 66 of 124 G7, Attachment 2 X Diesel E-85 Product Type Stored X Gasoline 2024-2025 Fuel Consortium Purchase Program Address Tank Sizes and Locations 1902 County Road B East1902 County Road B East 10,00010,000 Tank Size (Gallons) Name of Agency: City of Maplewood Page 2 of 2 Council Packet Page Number 67 of 124 G8 CITY COUNCIL STAFF REPORT Meeting Date November 13, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER: Steven Love AGENDA ITEM: Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The City Council previously authorized the preparation of a feasibility study for the 2024 Maplewood Street Improvements, City Project 23-08, at the July 24, 2023 Council meeting. The City Council will now consider authorizing the use of SRF Consulting Group, Inc. for professional services to complete the feasibility study and design for the East Shore Drive area of the project. Recommended Action: Motion to authorize the use of SRF Consulting Group, Inc. for professional services, authorize the Mayor and City Manager to sign the attached work order with SRF Consulting Group, Inc. to complete the feasibility study and design of the East Shore Drive Area of the project and further authorize adjusting the current project budget from $100,000 to $300,000 to account for this agreement. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $198,345.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The current budget will need to be increased from $100,000 to $300,000 to account for this agreement. It is anticipated that the Street Revitalization Fund will be utilized to account for these costs. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The feasibility study is the first step towards making infrastructure improvements in the project area. Council Packet Page Number 68 of 124 G8 Background This improvement project includes two areas which are proposed for construction in 2024. These include the East Shore Drive Area Streets and the Cypress-Maplewood Drive Area Streets (see attached project location maps). These project areas are a part of the proposed 2024 – 2028 Capital Improvement Plan (CIP). The proposed project includes approximately 4.30 miles of streets, which have an average Pavement Condition Index (PCI) rating of 33 (on a scale of 1 to 100) according to the most recent survey in 2022. These streets have continued to deteriorate over the years and are in need of replacement. The first step in the public improvement process is the preparation of a feasibility study. The feasibility study will establish the improvements to be included in the project, the cost of the improvements, identify funding sources, and establish a project budget. The preparation of the feasibility study for the 2024 Maplewood Street Improvements was authorized at the July 24, 2023 City Council meeting. An initial project budget of $100,000 was established at that meeting to account for project costs such as geotechnical evaluation of the project area. Due to a staff shortage in the Engineering Division of Public Works, the City sought proposals for feasibility and design assistance from our Consultant Pool for the East Shore Drive Area of the project. The consultant would be utilized to prepare the East Shore Drive Area portion of the feasibility study. They would be further utilized for design services through bidding for the East Shore Area if the project moves forward past the Public Hearing. Staff recommends approval of entering into the attached agreement with SRF Consulting Group, Inc. for professional services for the completion of the feasibility study and design services in the amount of $198,345.00. Staff further recommends adjusting the current project budget from $100,000 to $300,000 to account for this agreement. Attachments 1.Project Location Map 2.SRF Consulting Group, Inc. Agreement for Professional Services Council Packet Page Number 69 of 124 G8, Attachment 1 Council Packet Page Number 70 of 124 G8, Attachment 1 Council Packet Page Number 71 of 124 G8, Attachment 2 GFBTJCJMJUZ!BOE! EFTJHO!TFSWJDFT 3135!Nbqmfxppe!Tusffu! Jnqspwfnfout! Djuz!Qspkfdu!34.19 DJUZ!PG!NBQMFXPPE Council Packet Page Number 72 of 124 G8, Attachment 2 4812!Xbz{bub!Cpvmfwbse-!Tvjuf!211! 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Efwfmpqnfou sfmpdbujpo-!boe! dptu!ftujnbuft*boe!pctfswbujpo bqqsbjtbm* TSG!Dpotvmujoh!Hspvq 2 Council Packet Page Number 75 of 124 G8, Attachment 2 Qspkfdu!Voefstuboejoh!boe!Eftdsjqujpo!pg!Tfswjdft Uif!Djuz!pg!Nbqmfxppe!jt!sfbez!up!qspdffe!xjui!jnqspwfnfout!up!uif!Fbtu!Tipsf!Esjwf!Bsfb!bt!qbsu!pg!uif!3135!Djuz!Tusffu! Jnqspwfnfout-!)Djuz!Qspkfdu!Op/!34.19*/!Uif!Djuz!jt!sfrvftujoh!uif!bttjtubodf!pg!bo!fohjoffsjoh!dpotvmubou!up!bttjtu!xjui! qsfqbsjoh!ufdiojdbm!jogpsnbujpo!gps!uif!Gfbtjcjmjuz!Sfqpsu!boe!eftjho!tfswjdft!up!jodmvef!jo!uif!djuz“t!tjohmf!dpotusvdujpo!qmbo! tfu!uibu!jodmveft!uif!uxp!beejujpobm!qspkfdu!bsfbt!gps!dpotusvdujpo!jo!3135/! TSG!ibt!sfwjfxfe!uif!SGQ!boe!wjtjufe!uif!qspkfdu!tjuft!up! Pvs!fyqfsjfodf!xjui!uiftf!uzqft!pg!qspkfdut!xjmm!bmmpx! hbjo!b!cfuufs!voefstuboejoh!pg!uif!pwfsbmm!qspkfdu/!Uif!Fbtu! Tipsf!Esjwf!Bsfb!jodmveft!3/19!njmft!pg!tusffu!jnqspwfnfou! 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Tfswjdft/!Jodpsqpsbujoh!jnqspwfnfout!up!uif!xbufs sfrvjsfnfout!jodmvejoh!dpnqmjbodf!xjui!Svmf!D/!!Up! tztufn!bt!qbsu!pg!uif!qspkfdu!xjmm!ofdfttjubuf!jowpmwjoh njujhbuf!gps!ofx!ps!sfdpotusvdufe!jnqfswjpvt-!CNQt!tvdi! bttfttnfou-!boe!eftjho!sfrvjsfnfout/ up!qspwjef!xbufs!rvbmjuz!usfbunfou!boe!ofx!tupsn!esbjobhf! – Uif!qspkfdu!xjmm!jodmvef!jnqspwfnfout!up!uif!sfhjpobm usbjm!tztufn!bmpoh!Mblf!Qibmfo!sfrvjsjoh!dppsejobujpo xjui!uif!usbjm!pxofs-!uif!Djuz!pg!Tbjou!Qbvm/ TSG!Dpotvmujoh!Hspvq 3 Council Packet Page Number 76 of 124 G8, Attachment 2 Upubm!Ftujnbufe!Dptu Cbtjt!pg!Qbznfou0Cvehfu;!Xf!qspqptf!up!cf!sfjncvstfe!gps!pvs!tfswjdft!po!bo!ipvsmz!cbtjt!xjui!b!upubm!ftujnbufe!gff!opu!up! fydffe!%2:9-456/!Puifs!ejsfdu!qspkfdu!fyqfotft!tvdi!bt!qsjoujoh-!tvqqmjft-!sfqspevdujpo-!fud/-!xjmm!cf!cjmmfe!bu!dptu!boe!njmfbhf! xjmm!cf!cjmmfe!bu!uif!dvssfou!bmmpxbcmf!JST!sbuf!gps!cvtjoftt!njmft/!Jowpjdft!bsf!tvcnjuufe!npouimz!gps!xpsl!qfsgpsnfe!evsjoh!uif! qsfwjpvt!npoui/!Qbznfou!jt!evf!xjuijo!46!ebzt/!B!efubjm!csfblepxo!pg!xpsl!ubtlt-!ipvst-!boe!dptut!jt!jodmvefe!tubsujoh!po!qbhf!9/ Dibohft!jo!Tdpqf!pg!Tfswjdft;!!Ju!jt!voefstuppe!uibu!jg!uif!tdpqf!ps!fyufou!pg!xpsl!dibohft-!uif!dptu!xjmm!cf!bekvtufe!bddpsejohmz/! 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TSG!Dpotvmujoh!Hspvq 25 Council Packet Page Number 88 of 124 G8, Attachment 2 PROFESSIONAL SERVICESAGREEMENT This Professional Services Agreement (the “Agreement”) is entered into by and between \[Client Name\]whose address is \[Client Address\]and SRF Consulting Group, Inc. whose address is 3701 Wayzata Blvd., Suite 100, Minneapolis, MN 55406; who are the parties. Recitals 1.\[Client Name\]requires professional services in conjunction with the _________________ (the “Project”), as identified in \[Client Name\]’s Request for Proposal (“RFP”) dated, ________, attached and incorporated as ttachmentA. A 2.SRF Consulting Group, Inc. represents it isqualified to furnish the Services according to the provisions of this Agreement and SRF’s Proposal (“SRF’s Proposal”), attached and incorporated as AttachmentB.For purposes of this Agreement, \[Client Name\]isdefined as the “Client” and SRF Consulting Group, Inc. is defined as “SRF.” 3.Therefore, it is agreed: Agreement Article 1: Services to be Performed by SRF. (a)SRF’s Services consist of those describedin SRF’s Proposal, dated _______ (collectively, the “Services”). Except as noted in AttachmentB, SRF shall not subcontract any portion of the work to be performed under this Agreement without the prior written approval of the Client’s authorized representative. (b)SRF assumes no responsibility to perform any Services not specifically listed in AttachmentB. No terms and conditions or other documents shall be binding on SRF unless a copy of any such terms and conditions or documents has been made part of this Agreement. (c)SRF will perform all professional Services in a manner consistent with the care and skill ordinarily used by members of SRF's profession practicing under similar conditions at the same time and general location (the “Standard of Care”).SRF shall correct or revise any errors, omissions, or other deficiencies in any plans, drawings, specifications, reports and other products of professional services not meeting SRF’s professional Standard of Care, unless such corrective action is directly attributable to deficiencies in Client’s furnished information.SRF makes no warranties, expressed or implied, under this Agreement or otherwise, in connection with SRF’s Services. (d)In the event the Clientchanges or is required to change the scope of the Project from that described in AttachmentBand/or the applicable addendum, and such changes require Additional Services by SRF, SRF shall be entitled to additional compensation and appropriate adjustment in SRF’s Schedule (“Amendment”). Such changes shall be effective only on the execution of written amendment(s) signed by the Clientand SRF. (e)SRF shall perform its Services in accordance with the generally accepted industry standards in compliance with those laws, codes, regulations,or ordinances which are applicable to the Services being performed and which are published and in effect as of the date the Services commence. Article 2: Contract Requirements. (a)Government Data Practices and Intellectual Property Rights.SRF shall comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to: (1) all data provided by the Client pursuant to this Agreement; and (2) all data, created, collected, received, stored, used, maintained, or TSG!Dpotvmujoh!Hspvq 26 Council Packet Page Number 89 of 124 G8, Attachment 2 disseminated by SRF pursuant to this Agreement. SRF is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event SRF receives a request to release data, SRF will immediately notify the Client. The Client will give SRF instructions concerning the release of the data to the requesting party before the data is released. (b)Data Disclosure. UnderMinn. Stat. § 270C.65,Subd. 3, and other applicable law, SRF consents to disclosure of its federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. (c)Workers Compensation. SRF certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. SRF’s employees and agents will not be considered the Client employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the Client’s obligationor responsibility. (d)Records – Availability and Retention. SRF’s shall comply with Minn. Stat. § 16C.05,Subd. 5 as it applies to audits, availability, and record retention associated with this Agreementfor at least 6 years after the end of the Agreement: (1) Books, (2) Records, (3) Documents, (4) Accounting procedures, and (5) Accounting practices of SRF, its subcontractors, or suppliers (e)Regulatory Changes.SRF shall be compensated for changes in the Services necessitated by the enactment or revisions of codes, laws or regulations that are made applicable to the Project subsequent to execution of this Agreement, and its time for performance shall be extended if the changes(s) result in delay to the Project Schedule. Such changes shall be made by an Amendmentpursuant to this Article. (f)Affirmative Action. SRF agrees not to discriminate against any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status in regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age in regard to any position for which the employee or applicant for employment is qualified. Minn. Stat. §363A.02.SRF agrees to take affirmative steps to employ, advance in employment, upgrade, train, and recruit minority persons, women, and persons with disabilities. (g)SRFshall not discriminate against any employee or applicant for employment because of physical ormental disability in regard to any position for which the employee or applicant for employment is qualified. SRF agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Minnesota Rules, part5000.3500. Article 3: Client Obligations. In addition to other responsibilities of the Client as set forth in this Agreement, the Client shall: (1) provide full information as to the requirements for the Services; (2) assist SRF by placing at SRF’s disposal, information in possession of the Client which it believes is pertinent to the Services, and SRF may rely upon the accuracy, TSG!Dpotvmujoh!Hspvq 27 Council Packet Page Number 90 of 124 G8, Attachment 2 completenessand technical sufficiencyof information or services furnished by the Client or others through the Client; (3) give prompt written or verbal notice to SRF whenever the Client observes or otherwise becomes aware of anydevelopment that affects the scope or timing of SRF’s Services, observes or otherwise becomes aware of the presence at the Project site of any constituent of concern, or of any defect or nonconformance in SRF’s Services, the work, or in the performance ofany contractor; and (4) provide SRF in writing any and all policies and procedures of the Client applicable to SRF’s performance of Services under this Agreement. SRF will comply with such policies and procedures pursuant to the Standard of Care set forth in Article 1(c)and to the extent compliance is not inconsistent with professional practice requirements (the “Client’s Duties”). Article 4: Term of Agreement; Performance Schedule. (a)This Agreement shall be in effect from the latter of the two signature dates set forth below (the “Effective Date”) and will expire on the date all services are completed and final payment has been issued, unless terminated pursuant to Article 8. The obligation to perform the Services per the Standard of Care which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement. (b)SRF will provide and perform Services as reasonably requested within the scope of services outlined in AttachmentB.SRF will perform all Services; in a reasonably timely manner; in accordance with applicable laws and regulations; and with professional skill and judgment. No warranty or guarantee either express or implied is made or intended by this Agreement. Article 5: Key Personnel. With respect to this Agreement, SRF and the Client shall designate specific individuals to act as SRF’s and the Client’s representatives with respect to the Services to be performed or furnished by SRF and responsibilities of the Client under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions related to the Project on behalf of the respective Party whom the individual represents. SRF: Name Title 3701 Wayzata Blvd, Suite 100 Minneapolis, MN 55416 Phone email address@srfconsulting.com Client: Name Title Address City, State, Zip Phone Email Article 6: Consideration and Payment. (a)Client shall compensate SRF for all Services rendered under Article 1 on an _____ basisand shall not exceed $________ in total(“Contract Maximum”)including reimbursable expenses and subcontractor fees as set forth inAttachmentC(“Fee Schedule”). Any agreed upon changes shall be in writing between the Client and SRF. (b)For reimbursable expenses, the compensation shall be the actual expense incurred by SRF and SRF’s subcontractor(s), without mark-up. Requests for reimbursements shall be accompanied by supporting TSG!Dpotvmujoh!Hspvq 28 Council Packet Page Number 91 of 124 G8, Attachment 2 documentation, as well as any documentation of actual costs incurred and paid by SRF in performing the Services hereunder, and such other documentation as the Client may reasonably request. Article 7: Invoicing and Reports. (a)SRF shall provide an itemized statement detailing the number of hours spent by any employee as well as the hourly rate charged by the individual providing the Services. SRF will bill the Client monthly. (b)The Client will make undisputed payments no later than thirty-five (35) days’ after receiving SRF’s invoices for Services performed. Ifthe Client objects to any portion of an invoice, the Client shall notify SRF within five (5) business days of invoice date. In the event of a disputed billing, only the disputed portion will be withheld from payment, and the Client shall pay the undisputed portion. Article 8: Termination and Suspension. (a)Client may terminate this Agreement at any time, with or without cause. Upon termination, SRF will be entitled to payment, determined on a pro rata basis, for Services satisfactorily performed. (b)If the Client fails to make payments to SRF in accordance with this Agreement, and said payments are not otherwise disputed by the Client, then SRF may suspend its Services under this Agreement. If SRF elects to suspend services, it shall give ten (10) days’ written notice to the Client before doing so. SRF shall have no liability to the Client for delay or damage caused by such suspension of Services. Before resuming Services, SRF shall be paid all undisputed sums due prior to suspension and any undisputed expensesincurred in the interruption and resumption of the SRF’s Services. Article 9: - Ownership and Use of Documents. (a)Upon completion of the Project, and provided that SRF has been paid in full, all documents (“Instruments of Services”), except working notes and internal documents, created by SRF (and SRF’s subcontractor(s)) in the course of implementing this Agreement shall become the property of the Client. The Instruments of Services prepared and furnished by SRF are intended only to be applicable to this Project and the Client’s use of these documents in other projects shall be at the Client’s sole risk and expense. SRF is entitled to retain copies of all such documents. (b)To the extent that the Instruments of Service include design elements, data, notes, terms, plans, specifications, or details from SRF, or its subcontractor(s), own practice detail library, which collectively may form portions of the design for the Project(collectively, “Design Details”), then SRF, or its subcontractors(s), shall retain all rights, title, and interest of all intellectual property related to such Design Details (including copyright and right of reuse), whether or not the Project is completed. Upon execution of this Agreement, SRF grants the Client a limited license to use the Design Details on the Project, extensions of the Project, and for related uses of the Client, subject to receipt by SRF of full payment for all Services relating to preparation of the Design Details and subject to the following limitations: (1) Client acknowledges that such Design Details are not intended or represented to be suitable for use on Project unless completed by SRF, or its subcontractor(s), or for use or reuse by the Client or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by SRF, or its subcontractor(s); (2) and such use or reuse, or any modification of Design Details, without written verification, completion, or adaptation by SRF, or its subcontractor(s), as appropriate for the specific purpose intended, will be at the Client’s sole risk and without liability or legal expose to SRF, or its subcontractor(s); (3) Client shall indemnify and hold harmless SRF, and its subcontractor(s) from all claims, damages, losses and expenses, including attorney’s fees, arising out of or resulting from any use, reuse, or modifications of the Design Details without written verification, completion, or adaptation by SRF, or its subcontractor(s); and (4) such limited license to Client shall not create any rights in third parties. TSG!Dpotvmujoh!Hspvq 29 Council Packet Page Number 92 of 124 G8, Attachment 2 Article 10: Notices. Any notice required under this Agreement shall be in writing and addressed to the primary point of contact (“POC”) as designated by both Parties at the address provided by both primary POC’s. All notices shall be delivered via certified mail and effective upon the certified mail return date of receipt. Article 11: Legal Relations. (a)The laws of the state of Minnesota govern this Agreement. Venue for all legal proceedings arising out of this Agreement, or breach of this Agreement, is in state or federal court with competent jurisdiction in the county where the Project is located. (b)The Parties may exercise legal remedies as may be available to them in connection with any unresolved issue, dispute, or controversy arising out of this Agreement which cannot be settled by the Parties. Article 12: Liability and Indemnification. (a)To the fullest extent permitted by law, SRF shallindemnify, defend,and hold harmless the Client from and against damages, liabilities, losses, costs,and expenses, but onlyto the extent caused by the negligent or otherwise wrongful act, error, or omission of SRF or of those for whom SRF is legally liable, which arise out of SRF’s performance of its professional Services under this Agreement.Should SRF be required to provide legal defense costs pursuant to the requirements set forth in this Article, any such reasonable legal defense costs shall accrueto SRF in a prorated proportion in accordance with SRF’s percentage of fault as determined byany applicable trier-of-fact or as agreed to and incorporated into any settlement agreements. SRF will not be responsible for or be required to indemnify or defend any consequential, indirect, or punitive damage claims. (b)Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which the Client is otherwise entitled by state statuteto which statutory tort limits apply. (c)Each Party may exerciseanylegal remedy as may be available to it in connection with any unresolved issue, dispute, or controversy arising out of this Agreement which cannot be settled by the Parties. Neither Party will be held responsible for delays arising from circumstances beyond its reasonable control or when such delay or failure is due to a “Force Majeure Event.” (d)The duties and obligations imposed by this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of duties, obligations, rights, and remedies otherwise imposed or available by law. (e)No contractual relationship will be recognized under the Agreement other than the contractual relationship between SRF and Client. Article 14: Representations. (a)SRF has not directly or indirectly offered or given any gratuities (in the form of entertainment, gifts, or otherwise) to any representative of the Client with a view toward securing favorable treatment with respect to any determinations concerning the performance of this Agreement. (b)SRF will not contract with subcontractors, vendors or supplier who are currently suspended or debarred or have a suspension or debarment end date within the past three years by the federal government, the state of Minnesota, or any of its departments, commissions, agencies, or political subdivisions. SRF represents and warrants that it is not presently suspended or debarred or proposed for suspension or debarment by any government agency. TSG!Dpotvmujoh!Hspvq 2: Council Packet Page Number 93 of 124 G8, Attachment 2 Article 15: Insurance. (a)SRF shall procure and maintain with a company or companies lawfully authorized to do business in the jurisdiction in which the project is located, the types of insurance and policy limits as follows: Worker's Compensation:Statutory Employer's Liability:$1,000,000 Each Accident $1,000,000 Disease (Policy Limit) $1,000,000 Disease (EA Employee) CommercialGeneral Liability:$1,000,000 Each Occurrence $2,000,000 Annual Aggregate IncludingPremises and Operations Bodily Injury and Property Damage, Independent Contractors, Products and Completed Operations Liability, Personal and Advertising Injury. Business Automobile Liability:$2,000,000 Combined single limit each occurrence coverage or the equivalent covering owned, non-owned and hired automobiles. Professional Liability:Professional Liability Insurance providing coverage for all claims SRFmay become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to SRF’professional services performed under this Agreement. Minimum limits of liability shall be: $2,000,000 Each Claim $2,000,000 Annual Aggregate Umbrella/Excess LiabilityAn Umbrella or Excess Liability insurance policy may be used to supplement SRF’s policy limits to satisfy the full policy limits required under this Agreement. (b)Policies shall name the Clientas an Additional Insured limited to General Liability and Automobile Liability. (c)SRF shall require all subcontractors,and any other subcontractors to which the Parties agree in writing are subcontractors of SRF, to carry and maintain insurance against the risks set forth above, in the amounts and under terms as determined to be appropriate by SRF to fulfill its obligations of this Agreement. SRF shall not allow its subcontractors to commence work until the insurance required has been obtained and the corresponding certificate(s) of insurance have been approved by SRF with copies of each corresponding certificate provided to the Clientupon request. Article 16: Prohibition against Assignment. This is a bilateral Professional Services Agreement. Neither Party shall have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract, or otherwise, without the written consent of the other Party. Any unauthorized assignment is void and unenforceable. Article 17: Other. (a)The headings contained in this Agreement have been inserted for convenience of reference only and shall in no way define, limit, or affect the scope and intent of this Agreement. TSG!Dpotvmujoh!Hspvq 31 Council Packet Page Number 94 of 124 G8, Attachment 2 (b)This Agreement, including any Attachments or Exhibits hereto, constitutes the entire and exclusive agreement of the Parties and supersedes any prior agreements whether oral or written, concerning the subject matter hereof. (c)The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the remainder thereof, and the remainder shall be construed as if the invalidated portion shall have never been part of this Agreement. Article 18: Services and Contract Documents. (a)This Agreementincludes the following documents which are incorporated and attached to this Agreement: Attachment A: Client’s RFP, dated ________ Attachment B: SRF’s Proposal, dated ______ Attachment C: Fee Schedule (b)SRF shall insert all or some part of a term and condition that is required or necessary to be so included in all lower-tier subcontracts and shall require all lower-tier subcontractors to comply with such provisions for the duration of their respective subcontracts. Article19: Interpretation. This Agreement has been drafted through a cooperative effort of SRF and Client and both Parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No Party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation or enforcement of this Agreement. Article 20: Signatures. Eitherindividual signing this Agreement represent and warrant that each has the power and authority to enter into this Agreement and bind the Partyfor whom eachsigns. This Agreement may be executed in one or more counterparts, each of which shall be deemed anoriginal, but all of which together shall constitute a single Agreement. Article 21: Electronic Signatures. Each Party agrees thatthe electronic signatures of thePartyincluded in this Agreement are intended to authenticate this writingand to have thesame force and effect as wet inksignatures. In Witness Hereof, the Parties hereto have caused this Agreement to be executed in their behalf. SRF CONSULTING GROUP, INC.\[CLIENT NAME\] . 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The proposed 3,508-square-foot addition would be the future location of ‘TOUS les JOURS,’ a French bakery. The addition would be attached to the existing restaurant building but operate as a separate second business on the site. To proceed with this project, the applicant requests approval of a design review and a parking waiver. Recommended Action: Motion to approve a resolution for design review and parking waiver approving a building addition to be constructed at 1745 Beam Avenue East, subject to conditions of approval. 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 EffectivenessTargeted Redevelopment The city deemed the applicant’s application complete on August 29, 2023. The initial 60-day review deadline for a decision is October 28, 2023. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review and make a decision. The regularly scheduled Community Design Review Board meeting was canceled on September 19, 2023, due to a lack of a quorum of members able to attend the meeting. The city extended the application review an additional 60 days. The review deadline for a decision is December 27, 2023. Background: Duan Corporation, on behalf of Million’s Crab Restaurant, proposes to construct an addition on the east side of the existing restaurant building, adding a French-Asian bakery café to their site called Council Packet Page Number 99 of 124 J1 ‘TOUS les JOURS.’ The 3,508-square-foot building addition, while attached to the existing building, would have a separate entrance. The bakery will include a display, service counter, dining room, kitchen, and restrooms. The applicant has submitted design plans for review and requests a parking waiver. The site is in the city’s NE, north-end zoning district. The north-end zoning district standards apply to new development, redevelopment, and building expansions greater than 50 percent of the floor area of an existing building. This project does not exceed 50 percent of the current restaurant’s floor area, so it must meet the general development standards in sections 44-17 to 44-20. These requirements applied to the previous zoning designation for the site and are still applied to projects not located in the NE district. Design Review Site Plan Overall, the site access remains the same, and the building will continue to be accessed primarily off Beam Avenue and secondarily off Southlawn Drive. The proposed addition is situated in the middle of the site and connects to the east wall of the existing restaurant building. The building is required to be 30 feet from a street right-of-way. The site plan shows the addition to be setback 107 feet from the east line and setback 105 from the south line. The parking lot is required to be 15 feet from the street right-of-way and 5 feet from all other property lines. Some parking stalls will be eliminated to make space for the building addition. However, the parking lot is not expanding into the setbacks, and all setback requirements are achieved. Building Elevations The proposed building is one story, between 19-20 feet in height. The primary materials combine two exterior insulation finish systems (EIFS) in light gray and blue colors and fiber cement board siding in a dark gray color. Thin face brick defines the entrance, and prefinished copper metal bands are shown as accent materials, along with red steel doors and a red steel door frame at the main entrance. The proposed materials, textures, and colors are attractive and appear to complement the existing building and overall site design. Landscaping and Screening There are four existing trees on-site that will be preserved. Additional trees are not proposed. There are trees and shrubs on the site that are overgrown and will need to be trimmed and maintained as part of this project. Given the large parking area surrounding the site, staff recommended additional perennial plantings for the site and that the applicant consider additional trees where appropriate— specifically considering areas within the existing rock, grass, and mulched beds along the north, east, and west property lines. The landscape plan identifies (15) perennial shrubs, a combination of chokeberry and spirea shrubs, (44)perennial grasses, a combination of feather reed grass, Schottland hair grass, and prairie dropseed grasses, and (27) perennial flowering plants, including a combination of coneflower echinacea and daylily flowers. Trash Enclosure The existing trash enclosure appears to have been repurposed for storage related to the restaurant. All trash and recycling must be screened inside an enclosure. Currently, the trash dumpsters are Council Packet Page Number 100 of 124 J1 located outside of the building and are not screened. The applicant has identified a location for the trash enclosure on the north end of the site, but elevation perspectives were not included. Staff recommends that the applicant submit elevations of each side of the enclosure detailing the materials, colors, and opaqueness. The trash enclosure plan must be submitted to staff for approval before issuing a building permit. Lighting The applicant submitted a photometric site plan as part of its application. The site plan meets the code requirements for permitted light spread and foot-candle levels. However, each luminaire's architectural plan and description, including the manufacturer’s catalog cuts and drawings, were not included. The applicant must submit these documents to staff for approval before issuing a building permit. Parking Waiver Parking spaces must be ten feet wide and 18 feet long, and the drive aisle must be 24 feet wide – the applicant’s site plans meet these dimensional requirements. As previously mentioned, the site is located in the north-end zoning district. Still, given the size of the addition, it does not require the development to meet the new design standards, which notably require significantly less parking. The previous zoning designation required one parking stall for every 50 square feet of space for patron use. In this case, with the addition, the site will have 7,389 square feet of space devoted to patron use. Based on the parking requirement, the site must provide 148 parking stalls. The site currently has 98 parking stalls, and the applicant proposes to remove 29 stalls, resulting in 69 parking stalls for the site, which requires the approval of a parking waiver. The applicant requests a waiver for (79) stalls from the city council. For comparison, the current north-end zoning designation would only require a minimum of 11 parking stalls and a maximum of 53 parking stalls for both the restaurant and bakery. The current north-end standards also limit a site's overall percentage of surface parking – up to 20% of the overall development site. The applicant believes the parking will be sufficient for the existing restaurant and the bakery addition. There has not been an issue with parking on the site, and the building’s location is in an area where the city has large amounts of unused parking. Given the intent of the north-end zoning district to create more walkability and connectivity in this district and limit the amount of surface parking, staff is not concerned with the amount of parking provided on-site and supports the request for the parking waiver. Department Comments Building Official – Randy Johnson The proposed building is required to meet the minimum requirements of the Minnesota State Building Code. Environmental Health Official – Molly Wellens The applicant must apply for plan review and obtain the required licensing for the bakery either through the City of Maplewood or the Minnesota Department of Agriculture. The site must comply with the Minnesota Food Code. Council Packet Page Number 101 of 124 J1 Assistant City Engineer – Jon Jarosch The applicant must meet the engineering review requirements dated September 13, 2023. Board and Commission Review Community Design Review Board October 17, 2023: The community design review board reviewed this project. The board voted unanimously to approve the project. City Council November 13, 2023: The city council will review this project and make the final decision on the design review and the parking waiver. Citizen Comments Staff sent a public meeting notice to surrounding property owners within 350 feet of the site. Staff did not receive any comments. Reference Information Site Description Project Area: 1.86 Acres Existing Land Use: Commercial (Restaurant) Surrounding Land Uses North: Commercial East: Commercial South: Senior Housing/Commercial West: Commercial Planning Existing Land Use: Mixed-Use – Community Existing Zoning: North-End Attachments: 1.Design Review and Parking Waiver Resolution 2.Overview Map 3.2040 Future Land Use Map 4.Zoning Map 5.Applicant’s Narrative 6.Site and Landscape Plan, Floorplan 7.Building Elevations and Materials, 3D Perspectives 8.Engineering Review, Dated September 13, 2023 9.Community Design Review Board Meeting Minutes Dated October 17, 2023 Council Packet Page Number 102 of 124 J1, Attachment 1 DESIGN REVIEWAND PARKING WAIVER RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Duan Corporation, on behalf of Million’s Crab Restaurant, has requested approval of a design review to construct a 3,508-square-foot building addition to the existing restaurant on the property. 1.02 A parking waiver was also requested. 1.03 The property is located at 1745 Beam Avenue East and is legally described as: PARCEL 1: All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22 and also all that part of Lot 8, Block 1, Maplewood Mall Addition, all in Ramsey County, Minnesota described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 950.27 feet to the point of beginning of the parcel to be described; thence continuing on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 282.02 feet to the South line of said Lot 8; thence North 89 degrees 11 minutes 39 seconds West a distance of 102.33 feet to the Southwest corner of said Lot 8; thence South 0 degrees 26 minutes 16 seconds East a distance of 23.01 feet; thence North 89 degrees 11 minutes 39 seconds West a distance of 196.59 feet; thence North 00 degrees 44 minutes 18 seconds East a distance of 267.48 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees 01 minute 07 seconds East a distance of 91.00 feet; thence Northeasterly 37.62 feet along the arc of a tangential curve concave to the North having a central angle of 35 degrees 38 minutes 02 seconds and a radius of 60.49 feet; thence North 55 degrees 20 minutes 50 seconds East tangent to said curve a distance of 44.72 feet to the point of beginning and there terminating. PARCEL 2: Non-exclusive easements as contained in Reciprocal Easement Agreement recorded February 11, 1990, as Document No. 2529217, and as amended by the following: First Amendment to Reciprocal Easement and Operation Agreement recorded May 23, 1994 as Document No. 2807610; Second Amendment to Reciprocal Easement and Operation Agreement recorded September 11, 1998 as Document No. 3085803; and Third Amendment to Reciprocal Easement and Operation Agreement recorded April 18, 2001 as Document No. 3385114. PARCEL 3: Non-exclusive easements as contained in Declaration of Easements and Restrictions dated September 26, 1989, recorded October 11, 1989, as Document No. 2513245, and as amended by the following: First Amendment to Declaration of Easements and Restrictions dated January 21, 1991, recorded February 26, 1991, as Document No. 2585793; Second Amendment to Declaration of Easements and Restrictions dated April 21, 1994, recorded May 23, 1994, as Document No. 2807611; and Third Amendment to Declaration of Easements and Restrictions dated April 18, 2001, recorded April 18, 2001, as Document No. 3385113. Council Packet Page Number 103 of 124 J1, Attachment 1 PARCEL 4: Non-exclusive easement for the use of the Ring Road as contained in Roadway Easement Grant dated June 6, 1986, recorded April 8, 1987, as Document No. 2372913 and as defined in Amended and Restated Operating Agreement dated October 21, 1998, recorded November 12, 1998, as Document No. 3099907 and the Addendum to Operating Agreement dated September 17, 1986, recorded May 6, 1987, as Document No. 2378445. PARCEL 5: Non-exclusive easement for the limited use of storm sewer facilities as contained in Utilities Easement and Expanded Usage Agreement dated December 31, 1986, recorded January 5, 1987, as Document No. 2354006. The legal description in the Title Commitment for Parcel 5 references Doc. No. 2345006, it appears the Doc. No. should be 2354006. PARCEL 6: The beneficial rights as contained in that certain Operating Agreement dated December 29, 1972, recorded January 12, 1973 as Document No. 1846579. Said rights were released in that certain Agreement dated November 29, 1988, recorded January 4, 1989 as Document No. 2475868. Abstract Property PIN: 032922140013 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing, or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly, and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. 2.02 City ordinance Section 44-17 permits the city council to approve waivers to the parking requirements. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans. Approval is subject to the applicant doing the following: Council Packet Page Number 104 of 124 J1, Attachment 1 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. All requirements of the fire marshal, city engineer, and building official must be met. 3. Satisfy the requirements in the engineering review authored by Jon Jarosch, dated September 13, 2023. 4. The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 5. Rooftop vents and any mechanical equipment shall be located out of view from all sides of the property and screened as required by city ordinance. 6. This resolution approves a parking waiver for (79) parking stalls. 7. This approval does not include signage. Any identification or monument signs for the project must meet the city’s ordinance requirements, and the applicant must apply for a sign permit before installation. 8. Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a. The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b. Elevation perspectives of the proposed trash enclosure are required to be reviewed and approved by staff. The elevations must include all sides of the enclosure and detail the materials and colors. c. Additional details to accompany the photometric site plan – architectural plans and description of each luminaire, including the manufacturer’s catalog cuts and drawings. 9. The applicant shall complete the following before occupying the building: a. Replace any property irons removed because of this construction. b. Provide continuous concrete curb and gutter around the parking lot and driveways. c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d. Install all required outdoor lighting. e. Install all required sidewalks and trails. 10. If any required work is not done, the city may allow temporary occupancy if: Council Packet Page Number 105 of 124 J1, Attachment 1 a.The city determines that the work is not essential to public health, safety, or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 11.All work shall follow the approved plans. The director of community development may approve minor changes. __________ by the City Council of the City of Maplewood, Minnesota, on November 13, 2023. Council Packet Page Number 106 of 124 J1, Attachment 2 Council Packet Page Number 107 of 124 J1, Attachment 3 Council Packet Page Number 108 of 124 J1, Attachment 4 Council Packet Page Number 109 of 124 J1, Attachment 5 Project Narratives August 14, 2023 Bakery Addition, 1745 Beam Avenue, Maplewood, MN The proposed project is to add a new addition to an existing restaurant at 1745 Beam Avenue in Maplewood, Minnesota. The existing restaurant is a 7,100 square-foot sea food restaurant. The new addition is about 3,500 square feet. It will be a bakery. It will be built on the east side of the existing building where is currently a parking lot. It would provide a contemporary exterior design that complements the existing building on the west side. The addition will include vestibule, bakery display, service counter, dining room, kitchen, and restrooms. The site planning will address traffic flow, parking, landscaping and drainage in addition to compliance with City’s requirements for accommodating a future internal road. The following information describes architectural and engineering concepts for the bakery building and site improvements. ExteriorThe exterior materials of the existing building are EIFS with face brick at the main entrance and on other facades as the accent. The new building will use face brick at the main entrance like the existing building. EIFS at the new addition will pick up the base color and texture of the existing building. Cementitious architectural panels will be applied to the new exterior walls to enhance the façade. RoofFully adhered EPDM roofing. The existing building has about 4’ high parapet to screen the roof top units. The new addition will use 4’-high parapet for screening roof top units. StructuralEstephan engineering will design the structural system using wood framing. Floor4” Concrete slab on grade HVACEEA will provide mechanical design for the HVAC system for the restaurant and exhaust system for the kitchen. Sprinkler The existing building is fully sprinklered. The new addition will be fully sprinklered as well. PlumbingEEA will provide plumbing design for all kitchen equipment and roof drains. Civil engineer will provide storm water drawings. 7096 East Fish Lake Road, Maple Grove, MN 55311 Tel: (612)326-3000 www.duancorp.com Council Packet Page Number 110 of 124 J1, Attachment 5 PowerEEA will provide power design for all kitchen equipment and the mechanical and electrical systems in the building. Light ingEEA will provide lighting design for the building. All lighting will be energy efficient LED. Exterior lighting will be 90 degree LED, compliant with the City’s illumination guidelines. Interior Painted drywalls, tile walls, acoustical ceiling and drywall soffits, tile flooring. Openi ngsAluminum storefront systems. The width, height and color of the windows will compliment that of the existing building. ParkingThe existing parking lot on the east side will be re- shaped and graded per civil and storm water engineering; new asphalt where needed. LandscapeNew landscaping with shrubbery and perennials will be added along the east side of the new addition. SignageFace lite channel signages will be provided at south and east side of thenew addition. 7096 East Fish Lake Road, Maple Grove, MN 55311 Tel: (612)326-3000 www.duancorp.com Council Packet Page Number 111 of 124 J1, Attachment 5 Council Packet Page Number 112 of 124 J1, Attachment 6 Council Packet Page Number 113 of 124 J1, Attachment 6 Council Packet Page Number 114 of 124 J1, Attachment 6 85' - 0" 7' - 0"7' - 0"47' - 11 25/32"12' - 6 23/32"6' - 10 1/2" 7' - 6" 12' - 3" 5' - 0" 5' - 11 3/8"23' - 4 13/32"6' - 7 15/16" 11' - 6"5' - 7 9/32" 8' - 7" 4' - 6" 40' - 0" 46' - 0 11/32" 26' - 7" 5' - 0 5/16" 22' - 7" 30' - 4 7/32"9' - 6"18' - 6" 17' - 0" 17' - 2" 14' - 0" 16' - 11"24' - 5 25/32" 7' - 10 21/32" 16' - 0"7' - 0" 6' - 1 17/32" 49' - 6 9/16" 22' - 3 9/16" 7' - 4" 8' - 0 1/32" 21' - 5 15/32" 28' - 0 21/32" 7' - 11 25/32" 13' - 9 5/32" 9' - 11 9/16" 4' - 2 5/8" 20' - 11" 6' - 10 5/16" 64' - 2 1/2" 29' - 11 5/32" 40' - 9 5/32" 6' - 3 3/16" 12' - 8 1/2" 7' - 10 9/32"32' - 1 11/16"58' - 6 9/16" 100' - 4 17/32" Council Packet Page Number 115 of 124 J1, Attachment 7 20' - 0" 1' - 4" 5' - 10"4' - 10"8"7' - 4" 19' - 0" 1' - 2"2' - 2" 1' - 2"2' - 2" 5' - 0"2' - 6"2' - 6"8"5' - 0" 5' - 0"2' - 6"2' - 6"8"5' - 0" 7' - 4" 7' - 0"12' - 0" 1' - 4" 5' - 10"4' - 10"8"7' - 4" 20' - 0" Council Packet Page Number 116 of 124 J1, Attachment 7 Council Packet Page Number 117 of 124 J1, Attachment 7 Council Packet Page Number 118 of 124 J1, Attachment 8 Engineering Plan Review PROJECT: Million’s Crab Addition 1745 Beam Avenue PROJECT NO: 23-16 COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer DATE: 9-13-2023 PLAN SET: Civil plans dated 8-15-2023 REPORTS: Stormwater Management Report dated 8-15-2023 The applicant is seeking city approval for an addition to the existing Million’s Crab Restaurant Building along with associated site improvements. The applicant is requesting a review of the current design. The amount of disturbance on this site is less than ½ acre and the amount of new impervious surfaces are less than 5,000 square-feet. As such, the applicant is not required to meet the City’s stormwater management requirements. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Grading and Erosion Control 1)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets and parking lots that could potentially receive construction related sediment or debris. 2)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 3)All pedestrian facilities shall be ADA compliant. 4)The total grading volume (cut/fill) shall be noted on the plans. Sanitary Sewer and Water Service 5)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required. Council Packet Page Number 119 of 124 J1, Attachment 8 6)All modifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 7)All new sanitary sewer service piping shall be schedule 40 PVC or SDR35. Other 8)Any work within the Beam Avenue right-of-way will require a Ramsey County right-of- way permit. Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 9)Right-of-way permit 10)Grading and erosion control permit 11)Storm Sewer Permit 12)Sanitary Sewer Permit -END COMMENTS - Council Packet Page Number 120 of 124 J1, Attachment 9 MINUTES MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 6:00 P.M. Tuesday, October 17, 2023 City Hall, Council Chambers 1830 County Road B East E.NEW BUSINESS 1.Design Review and Parking Waiver Resolution, Bakery Addition, 1745 Beam Avenue East Elizabeth Hammond, Planner, presented the Design Review and Parking Waiver Resolution, Bakery Addition, 1745 Beam Avenue East and answered questions from the board. Frank Duan, Duan Corporation, addressed the board and answered questions. ShengZheng, MC Maplewood Inc,addressed the board and answered questions. Vice Chairperson Oszman moved toapprove a resolution for design review and parking waiver approving a building addition to be constructed at 1745 Beam Avenue East, subject to conditions of approval. DESIGN REVIEWAND PARKING WAIVER RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Duan Corporation, on behalf of Million’s Crab Restaurant, has requested approval of a design review to construct a 3,508-square-foot building addition to the existing restaurant on the property. 1.02A parking waiver was also requested. 1.03The property is located at 1745 BeamAvenue East and islegally described as: PARCEL 1: All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22 and also all that part of Lot 8, Block 1, Maplewood Mall Addition, all in Ramsey County, Minnesota described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 950.27 feet to the point of beginning of the parcel to be described; thence continuing on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 282.02feet to the South line of said Lot 8; thence North 89 degrees 11 minutes 39 seconds West a distance of 102.33 feet to the Southwest corner of said Lot 8; thence South 0 degrees 26 minutes 16 seconds East a distance of 23.01 feet; thence North 89 degrees 11 minutes 39 seconds West a distance of 196.59 feet; thence North 00 degrees 44 minutes 18 seconds East a distance of 267.48 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees 01 minute 07 seconds East a distance of 91.00 feet; thence October 17, 2023 1 Community Design Review BoardMeeting Minutes Council Packet Page Number 121 of 124 J1, Attachment 9 Northeasterly 37.62 feet along the arc of a tangential curve concave to the North having a central angle of 35 degrees 38 minutes 02 seconds and a radius of 60.49 feet; thence North 55 degrees 20 minutes 50 seconds East tangent to said curve a distance of 44.72 feet to the point of beginning and there terminating. PARCEL 2: Non-exclusive easements as contained in Reciprocal Easement Agreement recorded February 11, 1990, as Document No. 2529217, and as amended by the following: First Amendment to Reciprocal Easement and Operation Agreement recorded May 23, 1994 as Document No. 2807610; Second Amendment to Reciprocal Easement and Operation Agreement recorded September 11, 1998 as Document No. 3085803; and Third Amendment toReciprocal Easement and Operation Agreement recorded April 18, 2001 as Document No. 3385114. PARCEL 3: Non-exclusive easements as contained in Declaration of Easements and Restrictions dated September 26, 1989, recorded October 11, 1989, as Document No. 2513245, and as amended by the following: First Amendment to Declaration of Easements and Restrictions dated January 21, 1991, recorded February 26, 1991, as Document No. 2585793; Second Amendment to Declaration of Easements and Restrictions dated April 21, 1994, recorded May 23, 1994, as Document No. 2807611; and Third Amendment to Declaration of Easements and Restrictions dated April 18, 2001, recorded April 18, 2001, as Document No. 3385113. PARCEL 4:Non-exclusive easement for the use of the Ring Road as contained in Roadway Easement Grant dated June 6, 1986, recorded April 8, 1987, as Document No. 2372913 and as defined in Amended and Restated Operating Agreement dated October 21, 1998, recorded November 12, 1998, as Document No. 3099907 and the Addendum to Operating Agreement dated September 17, 1986, recorded May 6, 1987, as Document No. 2378445. PARCEL 5: Non-exclusive easement for the limited use of storm sewer facilities as contained in Utilities Easement and Expanded Usage Agreement dated December 31, 1986, recorded January 5, 1987, as Document No. 2354006. The legal description in the Title Commitment for Parcel 5 references Doc. No. 2345006, it appears the Doc. No. should be 2354006. PARCEL 6: The beneficial rights as contained in that certain Operating Agreement dated December 29, 1972, recorded January 12, 1973 as Document No. 1846579. Said rights were released in that certain Agreement dated November 29, 1988, recorded January 4, 1989 as Document No. 2475868. Abstract Property PIN: 032922140013 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental tothe October 17, 2023 2 Community Design Review BoardMeeting Minutes Council Packet Page Number 122 of 124 J1, Attachment 9 harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as forits neighbors, and that it is aesthetically of good composition, materials, textures and colors. 2.02City ordinance Section 44-17 permits the city council to approve waivers to the parking requirements. Section 3. City Council Action. 3.01The above-described site and design plans are hereby approved based on the findings outlined in Section 3 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans. Approval is subject to the applicant doing the following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.All requirements of the fire marshal, city engineer, and building official must be met. 3.Satisfy the requirements in the engineering review authored by Jon Jarosch, dated September 13, 2023. 4.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 5.Rooftop vents and any mechanical equipment shall be located out of view from all sides of the property and screened as required by city ordinance. 6.This resolution approves a parking waiver for (79) parking stalls. 7.This approval does not include signage. Any identification or monument signs for the project must meet the city’s ordinance requirements, and the applicant must apply for a sign permit before installation. 8.Before the issuance of a building permit, the applicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow oran irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.Elevation perspectives of the proposed trash enclosure are required to be reviewed and approved by staff. The elevations must include all sides of the enclosure and detail the materials and colors. c.Additional details to accompany the photometric site plan – architectural plans and description of each luminaire, including the manufacturer’s catalog cuts and drawings. 9.The applicant shall complete the following before occupying the building: October 17, 2023 3 Community Design Review BoardMeeting Minutes Council Packet Page Number 123 of 124 J1, Attachment 9 a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. c.Install all required landscaping andan in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 10.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 11.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded byBoardmemberLamersAyes – All The motion passed. October 17, 2023 4 Community Design Review BoardMeeting Minutes Council Packet Page Number 124 of 124