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2024-02-26 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 26, 2024 City Hall, Council Chambers Meeting No. 04-24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. February 12, 2024 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Resolution Directing Final Payment and Acceptance of Project, McMenemy Street Improvements, City Project 21-02 3. Resolution Directing Final Payment and Acceptance of Project, Gervais Area Pavement Rehabilitation, City Project 21-07 4. Resolution for No Parking on McKnight Road Between Beam Avenue and I-694, City Project 24-03 5. Separation Agreement and Release and Waiver of All Claims 6. Resolution Appointing Additional Election Judges for the 2024 Presidential Nomination Primary Election H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Mister Car Wash, 3050 White Bear Avenue North a. Conditional Use Permit Resolution b. Design Review Resolution K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 12, 2024 City Hall, Council Chambers Meeting No. 03-24 A.CALL TO ORDER A meeting of the City Council was held in the City HallCouncil Chambersand was called to order at7:00 p.m. byMayor Abrams. Mayor Abrams thanked staff, the Maplewood Faith community, Public Safety Staff Barb Johnson and Sergeant Gabriel, and all who donated items for the Winter Wear Drive The drive collected600 coats and 500 hats, scarves,and mittens. Mayor Abrams also announced the televisionshow Twin Cities Live is focusing onMaplewood this week. 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 CouncilmemberCavemoved to approve the agenda as submitted. Seconded by CouncilmemberLeeAyes – All The motion passed. E.APPROVAL OF MINUTES 1.January 22, 2024City CouncilWorkshopMeeting Minutes CouncilmemberJuenemannmoved to approve the January 22, 2024 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberLee Ayes – All The motion passed. 2.January 22, 2024 City CouncilMeeting Minutes oved to approve the January 22, 2024 City Council MeetingMinutes CouncilmemberLeem assubmitted. Seconded by Councilmember Juenemann Ayes – All February 12, 2024 City Council Meeting Minutes Council Packet Page Number 1 of 108 1 E1 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 None 3.Strategic Plan Update for Fourth Quarter of 2023 Senior Administrative Manager Knutson gave the presentation. CouncilmemberLeemoved to accept the Strategic Plan Report for Fourth Quarter of 2023. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4.Resolution of Appreciation for Retiring City Manager Melinda Coleman Mayor Abrams introduced the item. Councilmember Juenemann read the Resolution of Appreciation. Each Councilmember spoke. City Manager Colemanexpressed words of thanks and appreciation. ed to approve the resolution of appreciation for City Manager Melinda Mayor Abramsmov Coleman. Resolution 24-02-2281 RESOLUTION OF APPRECIATION FOR CITY MANAGER MELINDA COLEMAN 21 YEARS OF DEDICATED SERVICE TO THE CITY OF MAPLEWOOD WHEREAS, Melinda Coleman began working for the City of Maplewood as Community Development Director in 1995, rising to City Manager in 2015; and WHEREAS, Melinda Coleman led several community development projects to expand the City’s housing stock and commercial corridors while preserving large tracts of open space to bolster the City’s outdoor recreational opportunities and protect its natural resources; and WHEREAS, Melinda Coleman oversaw several major transitions of the Fire/EMS Department, to ensure the City maintained a high-quality response to a changing community demographic; and WHEREAS, Melinda Coleman has dedicated significant time and resources to improve employee professional development, compensation and wellness initiatives to attract February 12, 2024 City Council Meeting Minutes Council Packet Page Number 2 of 108 2 E1 and retain a highly professional staff; and WHEREAS, Melinda Coleman has served as a mentor, teacher and leader for scores of local government professionals and has built a strong line of succession within the organization; and WHEREAS, Melinda Coleman has implemented and grew the Strengths Finder program, so that all staff understand what motivates their colleagues and how they work best; and WHEREAS, Melinda Coleman has served as a fiscal steward of public funding ensuring a balance between necessary resources to maintain a high-quality community at a value for Maplewood’s taxpayers; and WHEREAS, Melinda Coleman’s fiscal stewardship has positioned the City for efficient day-to-day operations and to withstand future financial uncertainty. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Melinda Coleman is being extended our gratitude and appreciation for her professionalism and dedicated service over the past 21 years. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. Agenda item F4 was voted on after the conclusion of item J2, before the adjournment. G.CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. Agenda item G1 was highlighted. CouncilmemberCavemoved toapprove agenda items G1-G9. Seconded by CouncilmemberJuenemann Councilmember Lee requested G5 be voted on separately. CouncilmemberLee made a friendly amendment toapprove agenda items G1-G4 & G6-G9. Seconded by Councilmember Villavicencio Ayes – Councilmember Lee Councilmember Villavicencio Nays – Mayor Abrams Councilmember Cave Councilmember Juenemann February 12, 2024 City Council Meeting Minutes Council Packet Page Number 3 of 108 3 E1 The motion failed. The original motion stands. Mayor Abrams called for a vote. Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,098,454.62 Checks # 120452 thru # 120480 dated 01/23/24 $ 3,893,557.91 Checks # 120481 thru # 120515 dated 01/29/24 $ 137,498.65 Checks # 120516 thru # 120551 dated 02/06/24 $ 2,948,414.05 Disbursements via debits to checking account dated 01/15/24 thru 02/04/24 $ 8,077,925.23 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 867,094.44 dated 01/19/24 Payroll Checks and Direct Deposits $ 715,931.72 dated 02/02/24 $ 1,583,026.16 Total Payroll $ 9,660,951.39 GRAND TOTAL Seconded by CouncilmemberJuenemannAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio February 12, 2024 City Council Meeting Minutes Council Packet Page Number 4 of 108 4 E1 Abstain – Councilmember Lee The motion passed. 2.Local Lawful Gambling Permit for Ride for Wishes, 2029 Woodlynn Avenue vemoved to approve the Local Lawful Gambling permit for Ride for CouncilmemberCa Wishes, 2029 Woodlynn Avenue, for their event on June 1, 2024. Seconded by CouncilmemberJuenemannAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 3.Purchase of Fire Station Alerting Equipment for the South Fire Station CouncilmemberCavemoved to approvethe Purchase of Fire Station Alerting Equipment for the South Fire Station. Seconded by CouncilmemberJuenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 4.MN BCA Violent Crime Reduction Unit (VCRU) Joint Powers Agreement CouncilmemberCavemoved to approve the Joint Powers Agreement with the MN BCA Violent Crime Reduction Unit(VCRU). Seconded by CouncilmemberJuenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 5.Employment Agreement between the City of Maplewood and City Manager Michael Sable CouncilmemberCavemoved to approve employment agreement between the City of Maplewood and City Manager Michael Sable. Seconded by CouncilmemberJuenemannAyes– Mayor Abrams Councilmember Cave February 12, 2024 City Council Meeting Minutes Council Packet Page Number 5 of 108 5 E1 Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 6.Resolution Approving 2024 Pay Rates for Temporary/Seasonal and Casual Part- Time Employees CouncilmemberCavemoved to approve the resolution for temporary/seasonal and casual part-time employees payrates effective January 1, 2024. Resolution 24-02-2282 2024 PAY RATES RESOLUTION TEMPORARY/SEASONAL & CASUAL P/T EMPLOYEES WHEREAS, according to the Minnesota Public Employees Labor Relations act, part- time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2024 upon Council approval. Administrative Assistant$15.00 - 23.00per hour Background Investigator$35.00 - 45.00per hour Building Inspector$20.00 - 35.00per hour CSO $15.00 - 25.00per hour Election Judge$15.00 - 25.00per hour Fire Maintenance Engineer$15.00 - 25.00per hour Fire/EMS Cadet$15.00 - 25.00per hour Gardener $15.00 - 25.00per hour Intern $15.00 - 25.00per hour Laborer $15.00 - 20.00per hour Facilities/Events Staff$13.00 - 30.00per hour BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay rates for these pay classifications; and, BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by CouncilmemberJuenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 6 of 108 6 E1 7.2024 Master Group Contract for Medica Insurance Company e moved to approve the 2024 Master Group Contract for Medica CouncilmemberCav Insurance Company. Seconded by CouncilmemberJuenemannAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 8.Resolution of Support for Tubman to Allow City As Fiscal Agent for State Bonding Proposal CouncilmemberCavemoved to approve the resolution of Support for Tubman to Allow City as Fiscal Agent for State Bonding Proposal. Resolution 24-02-2283 RESOLUTION OF SUPPORT FOR TUBMANTO ALLOW CITY AS FISCAL AGENT FOR STATE BONDING PROPOSAL WHEREAS, Tubman operates the Harriet Tubman Center East in Maplewood, a multi-service center including shelter and housing for victims of violence, exploitation, sexual assault, homelessness, addiction, mental health issues and other forms of trauma; and WHEREAS, Tubman is requesting state bonding support through legislation to provide for up to $2,585,000 in capital investment funds for safety and accessibility, and code compliance improvements to the Harriet Tubman Center East, and WHEREAS,the City of Maplewood has previously expressed support for the services provided by Tubman for the citizens of Maplewood and the region, and WHEREAS, the State of Minnesota requires that a local government agency act as the fiscal agent for General Obligation Bond funding for projects such as the one proposed by Tubman. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1.Maplewood expresses its support for Tubman’s request for state funding for this important project and improvement and further supports the legislation on behalf of Tubman in the 2024 legislative session. 2.The City Manager is authorized and directed to prepare agreements and other documents to enable the City of Maplewood to act as the fiscal agent for Tubman in receiving financial support from the State of Minnesota. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 7 of 108 7 E1 3.City staff and consultants are authorized and directed to take all other actions necessary or convenient to carry out the intent of this resolution. Seconded by CouncilmemberJuenemannAyes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee The motion passed. 9.Payment for CentralSquare Yearly Maintenance Support CouncilmemberCavemoved to approve the payment for CentralSquare yearly maintenance support. Seconded by CouncilmemberJuenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Villavicencio Abstain – Councilmember Lee 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. 1.2024 Maplewood Street Improvements, City Project 23-08 a. PublicHearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 Votes) Public Works Director Love introduced the item. Assistant City Engineer Jarosch gave the presentation. Mayor Abrams opened public hearing. The following people spoke: Jodi Andrews – 1768 East Shore Drive Kevin Schmidt – 1800 Phalen Place Christopher Hampl – 1120 GordonAvenue E Mayor Abrams closed the public hearing. CouncilmemberLeemoved to approve the Resolution Ordering the Improvement for the 2024 Maplewood Street improvements, City Project 23-08 (4 affirmative votes are required to approve this resolution). Resolution 24-02-2284 RESOLUTION ORDERING IMPROVEMENT February 12, 2024 City Council Meeting Minutes Council Packet Page Number 8 of 108 8 E1 nd WHEREAS, pursuant to a resolution of the City Council adopted January 22, 2024, a date for a council hearing was set on the proposed street improvements for the 2024 Maplewood Street Improvements, City Project 23-08; and WHEREAS, a notice was mailed ten days in advance to residents and a notice of the th hearing was published, and the hearing was duly held on February 12, 2024; and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1.That it is necessary, cost-effective and feasible, as detailed in the Feasibility Report, that the City of Maplewood make improvements to the streets included in the 2024 Maplewood Street Improvements, City Project 23-08. 2.Such improvements ordered as proposed in the Council resolution adopted on th the 12day of February 2024. 3.The City Engineer, or his designee, is the designated engineer for this improvement project and is hereby directed to prepare final plans and nd specifications as previously directed by the City Council at the January22, 2024 council meeting. 4.The Finance Director was authorized to make the financial transfers necessary nd for the preparation of plans and specifications at the January 22, 2024 council meeting. A budget of $10,878,200 was established at that time. The proposed financing plan shall be implemented and is as follows: Estimated Project Cost Recovery Funding SourceTotal Amount% of Total General Obligation (G.O.) Improvement Bonds $4,759,30043% Street Revitalization Fund$658,1006% Environmental Utility Fund$2,156,00020% Ramsey-Washington Metro Watershed District$125,0001% Sanitary Sewer Fund$430,0004% Water Area Fund (WAC)$83,4001% St. Paul Regional Water Services (SPRWS)$1,086,80010% Special Benefit Assessment$1,579,60015% Total Estimated Project Funding:$10,878,200100% Seconded by CouncilmemberCaveAyes – All The motion passed. I.UNFINISHED BUSINESS 1.Saint Paul Educational Foundation Communications Monopole, 1210 Sterling Street South a.Conditional Use Permit and Variances Resolution b.Design Review Resolution February 12, 2024 City Council Meeting Minutes Council Packet Page Number 9 of 108 9 E1 Assistant Community Development Director Martin gave the presentation. Dale Romsos and Vice President Robert Varani, with VMC LLC, addressed council and answered questions. oveddenial of the proposal based on findings of facts germane to the CouncilmemberLeem request which has been included in theresolution. Resolution 24-02-2285 DENIAL OF CONDITIONAL USE PERMIT, SETBACK VARIANCES AND DESIGN REVIEW RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Dale Romsos of VMC LLC has requested approval of a conditional use permit, setback variances and design review to permit a 195-foot communications monopole. 1.02The property is located at 1210 Sterling Street South and is legally described as: PIN: 132822430022. The South seventy-four feet (S. 74') of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22, lying North of the South twenty-five (S. 25) acres, East of Sterling Street, and West of State Trunk Highway 494, it being the intention of the granters to convey a seventy-four foot (74') strip immediately to the North of the South twenty-five (S. 25) acres of the West Half of the Southeast Quarter (W 1/2 of SE 1/4) of Section 13, Township 28, Range 22. AND Outlot A, HIGHWOOD ESTATES NO. 2, according to the recorded plat thereof. AND That portion of the SW 1/4 of the SE1/4 of Sec. 13, T. 28, R.22, according to the Government Survey thereof, described as follows: Commencing at the SE corner of the SW 1/4 of the SE 1/4 of said Sec. 13, thence N. 50 rods, thence W. 80 rods to the Quarter Sec. line, thence S. 50 rods to the Sec. line, thence E. along the sec. line 80 rodsto the place of beginning, being 25 acres, more or less. Less and Except that portion of the property conveyed by the following: As referred to in Warranty Deed recorded as Instrument No. 2717756: The east one-half of Sterling Street right-of-way that islocated in the south half of Section 13, Township 28, Range 22 which is south of the south line of the following-described property and south of the (easterly) extension of said south line: the north 487.99 feet of the SW l/4 of the SE l/4 of Section 13, Township 28, Range 22. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 10 of 108 10 E1 AND Outlet A, Maplewood Highlands, Ramsey County, Minnesota according to the recorded plat thereof. As referred to in Warranty Deed recorded as instrument No. 2718516: That part of the South 180.00 feet of the West 233.00 feet of the Southwest Quarter of the Southeast Quarter of Section 13, Township 28, Range 22, Ramsey County, Minnesota lying East of the West 33.00 thereof. Ramsey County Abstract Property Section 2. Standards. 2.01City Ordinance Section 44-1327 requires a Conditional Use Permit for Communications Towers. 2.02Communication Towers Conditional Use Permit Standards. City Ordinance Section 44-1326. 1.Standards in this Code. 2.Recommendations of the planning commission and community design review board. 3.Effect of the proposed use upon the health, safety, convenience and general welfare of residents of surrounding areas. 4.Effect on property values. 5.Effect of the proposed use on the comprehensive plan. 2.03General 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 wouldnot 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, February 12, 2024 City Council Meeting Minutes Council Packet Page Number 11 of 108 11 E1 drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservationof and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. 2.04Variance Standard. City Ordinance Section 44-13 refers to state statute which states a variance maybe granted from the requirements of the zoning ordinance when: (1) the variance is in harmony with the general purposes and intent of this ordinance; (2) when the variance is consistent with the comprehensive plan; and (3) when the applicant establishes that there are practical difficulties in complying with the ordinance. Practical difficulties mean: (1) The proposed use is reasonable; (2) the need for a variance is caused by circumstances unique to the property, not created by the property owner, and not solely based on economic conditions. 2.05Site and Building Plan Standards and Findings. City ordinance Section 2- 290(b) and 44-1327(13) 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 surroundingneighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. Findings. 3.01The proposal would not meet all of the specific conditional use permit standards. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 12 of 108 12 E1 1.Effect of the proposed use. The tower would have a negative effect on the health, safety, convenience and general welfare of residents of surrounding areas. The proposed 195-foot tower location is within 175 feet of the nearest residential structure. 2. Code Compliance. The proposed 195-foot tower is taller than what city code allows and its proposed location does not meet the city’s setback requirements. 3.Character of surrounding areas. The tower would have a negative effect on the existing character of the surrounding area. The proposed 195-foot tower is 95 feet taller than the existing ski jump structure and would be very visible to the nearby residential homes. 3.02The proposal would not meet all of the specific variance standards. 1. Intent of this ordinance. The proposal is not consistent with the general purposes and intent of the zoning ordinance. The intent of the residential tower height requirements is to ensure neighborhoods do not have towers built near residential structures that are significantly taller than other structures in a neighborhood. 2.Practical difficulty. The subject request is not based on a practical difficulty, as defined by statute and ordinance. a.Reasonableness: The existing ski jump tower is 100 feet. The proposed telecommunications tower is 195 feet. The request to build a tower 70 feet above the 125-foot code limit is not reasonable due to the existing structures on site and the nearby residential properties. b.Circumstance Unique: There is not a circumstance unique inherent to the property that causes the variance. The property in which this tower is proposed is 17.99 acres in size. The applicant desires to build a new telecommunications tower near the existing ski jump structure so that existing ground equipment would not have to be moved. This is not a justification of unique circumstances for this property that would cause a variance to be approved. 3.03The proposal would not meet all ofthe specific site and building plan standards. 1.Design and location of the proposed development. The location of the proposed tower will interfere with the use and enjoyment of neighboring existing developments. Section 4. City Review Process 4.01The City conducted the following review when considering this conditional use permit and variances request. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 13 of 108 13 E1 1. On November 21, 2023, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. On December 11, 2023, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The city council voted to table this item until the February 12, 2024 meeting. 3. On February 12, 2024, the city council discussed this resolution. They again considered reports and recommendations from theplanning commission and city staff. Section 5.City Council 5.01The city council hereby approvesthe resolution. Denial is based on the findings outlined in section 3 of this resolution. Seconded by CouncilmemberCave Ayes – All The motion passed. J.NEW BUSINESS 1.Woodland Hills Church, 1740 Van Dyke Street a.Conditional Use Permit Amendment Resolution b.Design Review Resolution Assistant Community Development Director Martin gave the presentation. Jodi Cremersand Senior Pastor Greg Boyd,with Woodland Hills Church, addressed council and answered questions. vemoved to approve the conditional use permit amendment resolution for CouncilmemberCa parking lot and site improvements to be constructed at 1740 Van Dyke Street. Resolution 24-02-2286 CONDITIONAL USE PERMIT AMENDMENT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Jodi Cremers of Woodland Hills Church has requested approval of a conditional use permit amendment for parking lot and site improvements. 1.02The property is located at 1740 Van Dyke Street North and is legally described as: February 12, 2024 City Council Meeting Minutes Council Packet Page Number 14 of 108 14 E1 PIN: 142922330001. Parcel I: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Fourteen (14). Township Twenty-nine (29), Range Twenty-two (22), lying Southerly of the North St. Paul Road and lying Southwesterly of the following described line: Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter (NW 14 of SW 1/4); thence West One Hundred Twenty (120) feet along the South line thereof to the place of beginning of the line herein to be described; thence along a line bearing North Forty-seven (47) degrees, Twenty-two (22) minutes West to the Southerly right-of-way line of the North St. Paul Road and there terminating. Also That part of the East Half of the Southwest Quarter of the Southwest Quarter (E ½ of SW 1/4 of SW 1/4) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22), lying Southeasterly of North St. Paul Road (so- called); except that part of the South Two Hundred Thirty-three (233) feet lying East of the West One Hundred Eighty-three (183) feet; and further excepting that part of said East Half of the Southwest Quarter of the Southwest Quarter (E ½ of SW 1/4 of SW 1/4), lying Northeasterly of the following described line: Commencing at a point on the East line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred Ten (110) feet South of the Northeast corner thereof; thence running to a point onthe North line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred twenty (120) feet West of the Northeast corner thereof. Subject to public easements over the East Thirty-three (33) feet thereof for North Hazel Street; the West Thirty-three (33) feet thereof for Van Dyke Street, and the South Thirty-three (33) feet of the West One Hundred Eighty-three (183) feet thereof for Larpenteur Avenue; further subject to the rights of the County of Ramsey for highway over That part ofthe West 183 feet of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota (hereinafter to be referred to as Parcel X), enclosed within the area described as follows: Beginning at the Southeast corner of Parcel X; thence Northerly along the East line thereof, a distance of 62.42 feet; thence Northwesterly to a point 70.38 feet West of the East line and 65.37 feet North of the South line of Parcel X; thence West parallel to the South line of Parcel X, a distance of 40 feet; thence Northwesterly to a point 45 feet east of the West line and 74 feet North of the South line of Parcel X; thence Northwesterly to a point on the East right-of-way lineof Van Dyke Street that is 102 feet North of the South line of said Parcel X; thence West parallel to the South line of Parcel X, a distance of 33 feet to its intersection with the West line of Parcel X, thence South along the West line, a distance of 102feet, to the Southwest corner of Parcel X; thence East along the South line 183 feet to the place of beginning. Excepting therefrom such February 12, 2024 City Council Meeting Minutes Council Packet Page Number 15 of 108 15 E1 right-of-way heretofore dedicated to the public or otherwise acquired for highways. all according to the United StatesGovernment Survey thereof. Parcel II: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: The South Two Hundred Thirty-three (233) feet of the East Half of the Southwest Quarter of the Southwest Quarter (E ½ of SW 1/4 of SW 14) of Section Fourteen (14), Township Twenty-nine (29), Range Iwenty-two (22). except the West One Hundred Eighty-three (183) feet thereof and further excepting the East One Hundred Eighty-three (133) feet thereof, subject to rightsacquired by the County of Ramsey for highway purposes over the Southerly Thirty-three (33) feet thereof, according to the Government Survey thereof. Except the premises described as Parcel A in a certain Multi-Party Agreement dated April 24, 1969 (which Parcel A was conveyed to the County of Ramsey pursuant to said Multi-Party Agreement), recorded in Ramsey County Records, Book 2217, Page 345, as Document No. 1767687, said Parcel A being described therein as follows: That part of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota, except the West 183 feet thereof and also excepting the East 183 feet thereof lying South of the following described line: Beginning at a point on the East line of the above-described property 49 ½ feet North of the Southeast corner thereof, thence West on a line parallel to the South line of said Southwest Quarter to a point 83 feet East of the West line of the above-described property; thence Northwesterly to a point on the west line of said property that is 62.42 feet North of the Southwest corner thereof and there terminating. Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise acquired for highways. Ramsey County Abstract Property Section 2. Standards. 2.01City Ordinance Section 44-1092 requires a Conditional Use Permit for Churches. 2.02General 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. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 16 of 108 16 E1 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the developmentdesign. 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 January 16, 2024, the planning commission held a public hearing. The city staff published a hearing notice in the Pioneer Press and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2.On February 12, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. The PlanningCommission recommended that the City Council approve this resolution. Section 5.City Council 5.01The city council hereby approvesthe resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1.All construction shall follow the site plan approved by the city. Staff may approve minor changes. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 17 of 108 17 E1 2.The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5.Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6.Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning in the operation of the temporary shelter and food shelf. 7.Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8.Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9.The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year of the homeless shelter. 10.Building permits are required for any structures or buildings that may be built on this site. 11.Only two light poles may be removed from this site as related to this project. 12.All demonstration tiny homes must be located on a hard surface and cannot be stored on any greenspace within the property. 13.No construction materials may be stored outside. 14.All exterior activities related to the demonstration project of the tiny homes must adhere to the city’s noise ordinance requirements. Seconded by CouncilmemberJuenemannAyes – All The motion passed. Councilmember Juenemannmoved to approve the design review resolution for parking lot and site improvements to be constructed at 1740 Van Dyke Street. Resolution 24-02-2287 DESIGN REVIEW RESOLUTION February 12, 2024 City Council Meeting Minutes Council Packet Page Number 18 of 108 18 E1 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Jodi Cremers of Woodland Hills Church has requested approval of design review for parking lot and site improvements. 1.02The property is located at 1740 Van Dyke Street North and is legally described as: PIN: 142922330001. Parcel I: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: All that part of the Northwest Quarter of the Southwest Quarter (NW 1/4 of SW 1/4) of Section Fourteen (14). Township Twenty-nine (29), Range Twenty-two (22), lying Southerly of the North St. Paul Road and lying Southwesterly of the following described line: Commencing at the Southeast corner of said Northwest Quarter of the Southwest Quarter (NW 14 of SW 1/4); thence West One Hundred Twenty (120) feet along the South line thereof to the place of beginning of the line herein to be described; thence along a line bearing North Forty-seven (47) degrees, Twenty-two (22) minutes West to the Southerly right-of-way line of the North St. Paul Road and there terminating. Also That part of the East Half of the Southwest Quarter of the Southwest Quarter (E ½ of SW 1/4 of SW 1/4) of Section Fourteen (14), Township Twenty-nine (29), Range Twenty-two (22), lying Southeasterly of North St. Paul Road (so- called); except that part of the South Two Hundred Thirty-three (233) feet lying East of the West One Hundred Eighty-three (183) feet; and further excepting that part of said East Half of the Southwest Quarter of the Southwest Quarter (E ½of SW 1/4 of SW 1/4), lying Northeasterly of the following described line: Commencing at a point on the East line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred Ten (110) feet South of the Northeast corner thereof; thence running to a point on the North line of said Southwest Quarter of the Southwest Quarter (SW 1/4 of SW 1/4), One Hundred twenty (120) feet West of the Northeast corner thereof. Subject to public easements over the East Thirty-three (33) feet thereof for North Hazel Street; the West Thirty-three (33) feet thereof for Van Dyke Street, and the South Thirty-three (33) feet of the West One Hundred Eighty-three (183) feet thereof for Larpenteur Avenue; further subject to the rights of the County of Ramsey forhighway over That part of the West 183 feet of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota (hereinafter to be referred to as Parcel X), enclosed within the area described as follows: February 12, 2024 City Council Meeting Minutes Council Packet Page Number 19 of 108 19 E1 Beginning at the Southeast corner of Parcel X; thence Northerly along the East line thereof, a distance of 62.42 feet; thence Northwesterly to a point 70.38 feet West of the East line and 65.37 feet North of the South line of Parcel X; thence West parallel to the South line of Parcel X, a distance of 40 feet; thence Northwesterly to a point 45 feet east of the West line and 74 feet North of the South line of Parcel X; thence Northwesterly to a point on the East right-of-way line of Van Dyke Street that is 102 feet North of the South line of said Parcel X; thence West parallel to the South line of Parcel X, a distance of 33 feet to its intersection with the West line of Parcel X, thence South along the West line, a distance of 102 feet, to the Southwest corner of Parcel X; thence East along the South line 183 feet to the place of beginning. Excepting therefrom such right-of-way heretofore dedicated to the public or otherwise acquired for highways. all according to the United States Government Survey thereof. Parcel II: That parcel of land lying in the County of Ramsey and State of Minnesota, described as follows, to wit: The South Two Hundred Thirty-three (233) feet of the East Half of the Southwest Quarter of the Southwest Quarter (E ½ of SW 1/4 of SW 14) of Section Fourteen (14), Township Twenty-nine (29), Range Iwenty-two (22). except the West One Hundred Eighty-three (183) feet thereof and further excepting the East One Hundred Eighty-three (133) feet thereof, subject to rights acquired by the County of Ramsey for highway purposes over the Southerly Thirty-three (33) feet thereof, according to the Government Survey thereof. Except the premises described as Parcel A in a certain Multi-Party Agreement dated April 24, 1969 (which Parcel A was conveyed to the County of Ramsey pursuant to said Multi-Party Agreement), recorded in Ramsey County Records, Book 2217, Page 345, as Document No. 1767687, said Parcel A being described therein as follows: That part of the South 233 feet of the East Half of the Southwest Quarter of the Southwest Quarter of Section 14, Township 29 North, Range 22 West, Ramsey County, State of Minnesota, except the West 183 feet thereof and also excepting the East 183 feet thereof lying South of the following described line: Beginning at a point on the East line of the above-described property 49 ½ feet North of the Southeast corner thereof, thence West on a line parallel to the South line of said Southwest Quarter to a point 83 feet East of the West line of the above-described property; thence Northwesterly to a point on the west line of said property that is 62.42 feet North of the Southwest corner thereof and there terminating. Excepting therefrom such right-of-way heretofore dedicated tothe public or otherwise acquired for highways. Ramsey County Abstract Property Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) and 44-1327(13) 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 February 12, 2024 City Council Meeting Minutes Council Packet Page Number 20 of 108 20 E1 is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01The above-described site and design plans, date-stamped December 29, 2023, 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.Obtain a conditional use permit approval from the city council for this project. 2.Repeat this review in two years if the city has not issued a building permit for this project. 3.All requirements of the city engineer, fire marshal and building official must be met. 4.Meet all requirements of the environmental review, dated February 1, 2024. 5.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. 6.All work shall follow the approved plans. The director of community development may approve minor changes. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 21 of 108 21 E1 Seconded by CouncilmemberVillavicencioAyes – All The motion passed. 2.Resolution Ordering the Abatement of Hazardous Building and Public Nuisance Conditions at 1830 Howard Street North Community Development Director Parr gave the presentation. CouncilmemberJuenemannmoved to approve the Resolution Ordering the Abatement of Hazardous Building and Public Nuisance Conditions at 1830 Howard Street North. Resolution 24-02-2288 RESOLUTION ORDERING THE ABATEMENT OF HAZARDOUS BUILDINGAND PUBLIC NUISANCE CONDITIONS AT 1830 HOWARD STREET NORTH RECITALS WHEREAS, the property located at 1830 Howard Street North and legally described as Lot 13, Block 1, Hillcrest Gardens, Ramsey County, Minnesota (the “Subject Property”) contains a single-family dwelling (the “Dwelling”) and is located in the city of Maplewood (the “City”); and WHEREAS, the Subject Property is owned by Karen Marie Haraldsen (the “Owner”) and, to the best of the City’s knowledge, is presently unoccupied; and WHEREAS, on January 11, 2024, pursuant to a duly obtained administrative search warrant, a physical inspection of the Subject Property and the Dwelling was conducted by the city’s building official, Randy Johnson (the “Building Official”) and the city’s building inspector, Dan Lentz, during which the followingconditions were observed: (1)The Dwelling’s roof system is seriously deteriorated and compromised with numerous large holes, leaving the interior exposed to the elements and allowing water to infiltrate the Dwelling. (2)The Dwelling’s foundation hasa large opening that exposes the lower level to the elements. (3)A portion of the exterior wall at the rear of the Dwelling is failing and appears to be collapsing into the Dwelling. (4)The Dwelling’s main level floor near the rear of the structure slopes down and sinks, and it appears unsafe and unstable. The main level floor joists also appear to be rotted due to excessive moisture. (5)Most of the observable ceilings on the main level are collapsed and have fallen into the Dwelling’s interior. (6)The Dwelling’s interior is extensively filled with piled up garbage, rubbish, deteriorated building materials, and other debris, including throughout all February 12, 2024 City Council Meeting Minutes Council Packet Page Number 22 of 108 22 E1 occupiable spaces that were safely accessible. The Dwelling’s interior smells strongly of mold or mildew. (7)The exterior portion of the Subject Property contains a junk vehicle and an accumulation of other rubbish and debris. WHEREAS, while inside the Dwelling, staff was unable to complete a full inspection of all areas due to the extremely unsafeconditions within the Dwelling. Specifically, staff did not access the Dwelling’s back hallway, the second floor, or the basement due to in inability to safely access those locations; and WHEREAS, since the above-mentioned inspection, there have been no permits pulled for the Dwelling that would indicate any improvements to the conditions observed on January 11, 2024; and WHEREAS, Minnesota Statutes, section 463.15, subdivision 3 defines a “hazardous building” as “any building… which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health”; and WHEREAS, section 18-31(5) of the Maplewood City Code (the “City Code”) deems it a public nuisanceto accumulate rubbish, debris, and other offensive materials on property; and WHEREAS, section 44-17(j)(4) requires that all vehicles parked or stored outside on residential property in the City have current registration and be operable, and section 18-70 of the City Code deems it a public nuisance to maintain any vehicle in the city that is otherwise in violation of the City Code; and WHEREAS, Minnesota Statutes, section 463.161 and section 18-37 of the City Code authorize the city council to order the owner of any hazardous building or nuisance property within the City to correct or remove said conditions; and WHEREAS, additionally, Minn. R. 1300.0180 expressly requires that unsafe structures “be abated \[under\] Minnesota Statutes, sections 463.15 to463.26.”; and WHEREAS, based on the information presented, the city council has determined that the condition of the Subject Property and the Dwelling constitutes a hazard and a public nuisance in violation of both state and local law and, therefore, should be abated. RESOLUTION NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood as follows: 1. The city council adopts, as factual findings, all of the recitals listed above. 2. The city council finds that the Dwelling is hazardous, as defined by Minnesota Statutes, section 463.15, and unsafe, as defined in Minnesota Rules, section 1300.0180. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 23 of 108 23 E1 3. The city council also finds that the condition of the Subject Property constitutes a public nuisance, as defined by both state and local law, and violates the aforementioned sections of the City Code, and is a menace to the health of the inhabitants of the city. 4. The city attorney shall finalize an abatement order substantially similar to that attached as Exhibit A attached hereto. 5. The city attorney is authorized to take all necessary legal steps to effectuate service of this resolution and the corresponding abatement order in the manner required by state and/or local law. 6.The city attorney and city staff are authorized totake all necessary legal steps to secure compliance with the abatement order and to obtain authority to remove and abate the hazardous and nuisance conditions on the Subject Property by court order and collect and/or assess the costs thereof against the Subject Property, as otherwise permitted by state and/or local law. EXHIBIT A Abatement Order STATE OF MINNNESOTA DISTRICT COURT COUNTY OF RAMSEY SECOND JUDICIAL DISTRICT ________________________________________ Case Type: Other Civil In the Matter of the Hazardous Building and Nuisance Property Located at 1830 Howard Street North, Maplewood, Minnesota ORDER FOR ABATEMENT OF HAZARDOUS BUILDING AND PUBLIC NUISANCE ________________________________________ TO: All owners, occupants, and all lienholders of record. The city council of the city of Maplewood, Minnesota hereby orders that within 45 days of service of this order that you abate the hazardous and nuisance conditions which exist on the property located at 1830 Howard Street North, Maplewood, Minnesota, which property is legally described as: Lot 13, Block 1, Hillcrest Gardens, Ramsey County, Minnesota. Specifically, the city of Maplewood, pursuant to Minnesota Statutes, chapter 463 and the Minnesota State Building Code, has determined that the unoccupied single-family dwelling (the “Dwelling”) located at the above-referenced property is hazardous and unsafe due to the following observations: the Dwelling’s roof system is significantly deteriorated and compromised with numerous large holes, leaving the interior exposed to the elements and February 12, 2024 City Council Meeting Minutes Council Packet Page Number 24 of 108 24 E1 allowing water to infiltrate the Dwelling; the Dwelling’s foundation has a large opening that exposes the lower level to the elements; a portion of the wall at the rear of the Dwelling is failing and appears to be collapsing into the Dwelling; the Dwelling’s main level floor near the rear of the structure slopes down and sinks, and it appears unsafe and unstable; the Dwelling’s main level floor joists appear to be rotted due to excessive moisture; most of the observable ceilings on the Dwelling’s main level have collapsed and fallen into the Dwelling’s interior; the Dwelling’s interior is extensively filled with piled up garbage, rubbish, deteriorated building materials, and other debris, including throughout all observable occupiable spaces; and the Dwelling’s interior smells strongly of mold and mildew. Additionally, the exterior portion of the above-referenced property contains a junk vehicle and an accumulation of other rubbish and debris.For those reasons, the city of Maplewood, pursuant to chapter 18 of the Maplewood City Code and Minnesota Statutes, section 609.74, also has determined that the property constitutes a public nuisance. Pursuant to the above-referenced statutes and ordinances, it is hereby ORDERED that you abate the above-mentioned conditions within 45 days of the date of service of this order by either (i) razing (demolishing) the Dwelling and removing all debris and other materials, including the junk vehicle, from the property, or (ii) performing each and every one of the following items: 1.Repair or replace the Dwelling’s deteriorated roof in accordance with the Minnesota State Building Code; 2.Repair or replace the hole in the Dwelling’s foundation in accordance with the Minnesota State Building Code; 3.Repair or replace all of the Dwelling’s deteriorated walls and other structural components in accordance with the Minnesota State Building Code, including a structural analysis of deteriorated components to ensure safety and habitability; February 12, 2024 City Council Meeting Minutes Council Packet Page Number 25 of 108 25 E1 4.Repair or replace all of the Dwelling’s deteriorated floors and ceilings in accordance with the Minnesota State Building Code; 5.Determine the existence of mold due to the significant water infiltration and mitigate said mold, as deemed necessary; 6.Remove all accumulations of garbage, rubbish, deteriorated building materials, and other debris from the Dwelling’s interior to ensure the health and safety of occupants and sufficient ingress and egress throughout the Dwelling; and 7.Remove the junk vehicle and other accumulations of rubbish and debris from the property’s exterior, including inoperable lawn equipment, gas cans, and the large pile of debris in the yard. All such work is subject to permitting and required inspections by staff members of the city to ensure compliance with applicable rules and law. This order is not a permit. You are further advised that unless such corrective action is taken or an answer is served on the city and filed within 21 days of the date of service of this order upon you, a motion for summary enforcement of this order may be made to the Ramsey County District Court. Finally, you are further advised that if you do not comply with this order and the city is compelled to take corrective action, it will pursue the Dwelling’s demolition and other exterior nuisance abatement efforts, and all necessary costs incurred by the city in taking such corrective action will be collected and assessed against the property pursuant to Minnesota Statutes, section 463.21 and section 18-37 of the Maplewood City Code. In connection thereto, the city also intends to recover all of its expenses incurred in carrying out this order, including specifically but notexclusively, filing fees, service fees, publication fees, attorneys’ fees, appraisers’ fees, witness fees, including expert witness fees and traveling expenses incurred by the city from the time this order was originally made, also pursuant to state and local law. \[signature page to follow\] February 12, 2024 City Council Meeting Minutes Council Packet Page Number 26 of 108 26 E1 Dated ______________, 2024 KENNEDY & GRAVEN, CHARTERED _________ By: David T. Anderson (#0393517) 700 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 (612) 337-9300 Attorney for City of Maplewood ACKNOWLEDGMENT The undersigned acknowledges that costs, disbursements and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat. § 549.211, subd. 2, to the party against whom the allegations in this pleading are asserted. __ David T. Anderson Seconded by CouncilmemberLee Ayes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at8:58p.m. February 12, 2024 City Council Meeting Minutes Council Packet Page Number 27 of 108 27 F1a CITY COUNCIL STAFF REPORT Meeting Date February 26, 2024 REPORT TO: City Council REPORT FROM: Mike Darrow, Assistant City Manager / HR Director PRESENTER: Mike Darrow, Assistant City Manager / HR Director 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: March 11: To be determined March 25: To be determined April 8: To be determined April 22: Workshop: Update on Purple Line from Met Council Staff Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. Council Schedule for Maplewood Living through May 2024: IssueContributorDue Date Villavicencio March 16, 2023 April 2023 Lee April 14, 2023 May 2023 Abrams May 17, 2023 June 2023 Juenemann June 15, 2022 July 2023 Cave July 17, 2023 August 2023 Villavicencio August 17, 2023 September 2023 Subject to change after election filings in May, as no active candidates will be allowed to contribute. Council Packet Page Number 28 of 108 G1 Council Packet Page Number 29 of 108 G1, Attachments Council Packet Page Number 30 of 108 G1, Attachments Council Packet Page Number 31 of 108 G1, Attachments Council Packet Page Number 32 of 108 G1, Attachments Council Packet Page Number 33 of 108 G1, Attachments Council Packet Page Number 34 of 108 G1, Attachments Council Packet Page Number 35 of 108 G1, Attachments Council Packet Page Number 36 of 108 G1, Attachments Council Packet Page Number 37 of 108 G1, Attachments Council Packet Page Number 38 of 108 G1, Attachments Council Packet Page Number 39 of 108 G1, Attachments Council Packet Page Number 40 of 108 G1, Attachments Council Packet Page Number 41 of 108 G1, Attachments Council Packet Page Number 42 of 108 G2 CITY COUNCILSTAFF REPORT Meeting Date February 26, 2024 REPORT TO: Mike Darrow, Assistant City Manager REPORT FROM: Steven Love, Director of Public Works / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Resolution Directing Final Payment and Acceptance of Project, McMenemy Street Improvements, City Project 21-02 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Contractor, T.A. Schifsky and Sons, Inc., has completed the project improvements for the McMenemy Street Improvements, City Project 21-02. City staff have reviewed the work and deemed it acceptable. The contractor has submitted all final project documents required for final acceptance of the project. Recommended Action: Motion to approve the attached resolution directing Final Payment and Acceptance of Project for the McMenemy Street Improvements, City Project 21-02. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $4,991,757.43 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The final contract amount, including indirect costs, falls within the approved budget of $6,663,100.00. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This infrastructure improvement project was previously identified in the City’s Capital Improvement Plan and included the replacement of the severely deteriorated pavement within the project area. Background: The City Council previously awarded a construction contract to T.A. Schifsky and Sons, Inc. for the McMenemy Street Improvements, City Project 21-02, in the amount of $5,142,341.08. Council Packet Page Number 43 of 108 G2 The McMenemy Street project included the full reconstruction of McMenemy Street between Larpenteur Avenue and County Road B. This included the installation of the concrete curb and gutter, the installation of a new pavement section, corrections to the subgrade soils, and the installation of an 8-foot wide multi-use porous-asphalt walkway along the east side of McMenemy Street. The final construction cost of $4,991,757.43 came in under the contract amount by approximately $150,000. No changes to the approved budget are recommended at this time. City staff and the project consultant engineer, Bolton and Menk, Inc., have reviewed the project improvements and deemed them acceptable. Likewise, staff and the consultant have received, reviewed, and found acceptable all project closeout documents. Attachments: 1.Project Location Map 2.Final Payment Application 3.Resolution Directing Final Payment and Acceptance of Project Council Packet Page Number 44 of 108 G2, Attachment 1 Council Packet Page Number 45 of 108 G2, Attachment 2 Council Packet Page Number 46 of 108 G2, Attachment 2 Council Packet Page Number 47 of 108 G2, Attachment 2 Council Packet Page Number 48 of 108 G2, Attachment 2 Council Packet Page Number 49 of 108 G2, Attachment 2 Council Packet Page Number 50 of 108 G2, Attachment 2 Council Packet Page Number 51 of 108 G2, Attachment 3 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT MCMENEMY STREET IMPROVEMENTS, CITY PROJECT 21-02 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the McMenemy Street Improvements, City Project 21-02, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the McMenemy Street Improvements, City Project 21-02, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 21-02 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $4,991,757.43. Final payment to T.A. Schifsky and Sons, Inc. and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 26 day of February 2024. Council Packet Page Number 52 of 108 G3 CITY COUNCILSTAFF REPORT Meeting Date February 26, 2024 REPORT TO: Mike Darrow, Assistant City Manager REPORT FROM: Steven Love, Director of Public Works / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Resolution Directing Final Payment and Acceptance of Project, Gervais Area Pavement Rehabilitation, City Project 21-07 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The Contractor, T.A. Schifsky and Sons, Inc., has completed the project improvements for the Gervais Area Pavement Rehabilitation, City Project 21-07. City staff have reviewed the work and deemed it acceptable. The contractor has submitted all final project documents required for final acceptance of the project. Recommended Action: Motion to approve the attached resolution directing Final Payment and Acceptance of Project for the Gervais Area Pavement Rehabilitation, City Project 21-07. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,800,333.39 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The final contract amount, including indirect costs, falls within the approved budget of $4,687,300.00. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This infrastructure improvement project was previously identified in the City’s Capital Improvement Plan and included the replacement of the severely deteriorated pavement within the project area. Background: The City Council previously awarded a construction contract to T.A. Schifsky and Sons, Inc. for the Gervais Area Pavement Rehabilitation, City Project 21-07, in the amount of $ $3,804,660.21. Council Packet Page Number 53 of 108 G3 The Gervais Area Pavement Rehabilitation project included the full-depth reclamation of the project streets, the spot replacement of severely deteriorated concrete curb and gutter, the replacement of large sections of the water main system, the replacement of select storm sewer structures, the installation of new bituminous pavement, and the installation of a sidewalk along the north side of th 11 Avenue from White Bear Avenue to Ariel Street. The rehabilitation of Ariel Street from County Road C to Highway 36, a border street with the City of North Saint Paul, was also included with this project in coordination with North Saint Paul. The final construction cost of $3,800,333.39 came in under the contract amount by approximately $4,000.00. No changes to the approved budget are recommended at this time. City staff have reviewed the project improvements and deemed them acceptable. Likewise, staff have received, reviewed, and found acceptable all project closeout documents. Attachments: 1.Project Location Map 2.Final Payment Application 3.Resolution Directing Final Payment and Acceptance of Project Council Packet Page Number 54 of 108 G3, Attachment 1 Council Packet Page Number 55 of 108 G3, Attachment 2 APPLICATION FOR FINAL PAYMENT PAYMENT NO. 7 Contract:City of Maplewood Project 21-07 Project:Gervais Area Pavement Rehabilitation Owners:City of Maplewood, Minnesota and City of North Saint Paul, MN Contractor:T.A.Schifsky and Sons, Inc. Application Date://2023 For Period Ending://2023 Original Contract Amount:$ 3,804,660.21 Contract Amendments:$ - Contract Amount to Date:$ 3,804,660.21 Total Amount of Work Completed to Date:$ 3,800,333.39 Material Stored On-Site but not in Work:$- Gross Amount Due to Date:$ 3,800,333.39 Less 0.0% Retainage$- Amount Due to Date:$ 3,800,333.39 Less Previous Payments:$ 3,536,797.95 Total Due This Application:$ 263,535.44 I hereby certify that all items and amounts shown are correct for the work completed to date. Contractor:T.A. Schifsky and Sons, Inc. By:Date: 22/26/3134 The work on this project and application for payment have been reviewed and the amount shown is recommended for payment. Engineer:City of Maplewood - Public Works Department By:Date: Approved for Payment Owner:City of Maplewood By:Date: Council Packet Page Number 56 of 108 G3, Attachment 2 PAYMENT HISTORY Contract:City of Maplewood Project 21-07 Project Name:Gervais Area Pavement Rehabilitation Owner:City of Maplewood, Minnesota & City of North Saint Paul, MN Contractor:T.A. Schifsky and Sons, Inc. PaymentPaymentPayment NumberCutoff DateApplication Amount 17/1/20227/8/2022$ 805,498.84 27/29/20228/2/2022$ 834,869.47 39/2/20229/7/2022$ 343,409.78 49/30/202210/5/2022$ 975,433.04 510/26/202210/26/2022$ 442,822.28 67/24/20237/24/2023$ 134,764.55 To Date Total Payment:$ 3,536,797.95 Council Packet Page Number 57 of 108 G3, Attachment 2 - - - - 4.00 618.00 975.00 721.00 260.01 162.40 480.53 378.00 1,000.00 7,983.64 4,062.24 5,610.00 6,446.00 8,522.50 5,620.00 3,696.00 9,192.75 1,030.00 4,248.75 1,673.75 1,823.10 8,855.00 2,150.70 1,584.27 2,626.82 35,125.13 17,899.00 14,478.75 26,644.00 11,656.75 14,896.41 25,270.96 41,013.00 72,079.56 42,459.69 30,107.42 20,626.78 18,097.10 30,736.23 15,000.00 37,290.12 15,981.48 120,000.00 140,784.00 216,583.92 610,239.52 163,649.63 210,000.00 To Date Extended $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 10101100 15138515137742 400187293562400132323118140321321560 2557 87.75243.56,6616,6616,721976.55,889878.524.365,1725,1725,4631,6574,529 451.3635,19621,589858.09224.85 6,690.56,690.5 1,140.522,578.386,934.54 Quantity to Date 20 562140 10.5 1547 2217.5243.50118.00 Quantity This Period 51.5089.91 48.27 412.00515.00743.70927.00414.00 162.40480.53 1,240.00 1,890.00 1,050.00 5,610.00 9,174.00 1,480.00 8,743.00 9,900.00 7,560.00 4,960.00 1,030.00 2,832.50 1,802.50 4,635.00 8,855.00 5,524.92 3,420.001,176.008,904.009,841.651,030.001,584.272,626.82 69,132.00 16,220.44 12,648.40 25,235.00 29,221.5026,644.0011,656.7514,378.2220,931.9237,326.1727,583.4015,000.0012,891.48 247,884.00636,504.00 120,000.00139,816.00136,144.36210,000.00 Contract Extended $$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$ $$ $5.25$2.50$7.00$9.00$7.00$4.00$4.00$1.75$0.69$3.76$0.01$7.21$5.15$7.21$0.81$3.09$6.70$0.29$0.29$0.29$9.00$0.58 $41.20$75.00$30.00$22.00$40.00$35.00$10.00$28.00$42.00$84.00$88.00$84.00$24.46$63.86$20.60$15.45$51.50$51.50 $165.00$108.15$133.90$283.25$128.75$515.00$115.00 $1,030.00$1,261.75 $15,000.00 $120,000.00$210,000.00 Unit Price 1 1 1 1 1 1014376042911014207710201846 496270380187417216496212823206254614300111111560 5,566 1,249 6,661 6,661 5,567 4,827 2,951 7,233 5,177 5,566 1,788 1,788 5,463 1,657 4,529 34,954 20,838 Contract Quantity L SL FL FL FL FL FL FL SL SL FS YL FL FL FL FL F S YS YC YC YC YS YS YS YS YS YS FS YS YS FS FS FS YL BS YL B GAL Unit TONTONTONTON EACHEACHEACHEACHEACHEACHEACHEACH HOURMGALMGAL Item Description EROSION CONTROL BLANKET (FUTERRA F4 NETLESS, BY RAMY TURF PRODUCTS OR APPROTURF ESTABLISHMENT, STREET SIDE BOULEVARD SALT TOLERANT SEED BY RAMY TURF PRO MOBILIZATIONSALVAGE STREET SIGNREMOVE CONCRETE CURB & GUTTER (ALL TYPES)SAW BITUMINOUS ROADWAY PAVEMENT (FULL DEPTH)REMOVE BITUMINOUS PAVEMENT (DRIVEWAY/APRON/TRAIL)REMOVE CONCRETE PAVEMENT (DRIVEWAY/APRON/WALK/ROADWAY/MEDIAN)SALVAGE MAILBOX ASSEMBLY (ALL TYPES)COMMON EXCAVATION (EV) (P)SUBGRADE EXCAVATION (EV)TEMPORARY STABILIZING AGGREGATE (1.5-INCH MINUS)SALVAGE, STOCKPILE, INSTALL RECLAIM MATERIAL (CV)STREET SWEEPER (WITH PICKUP BROOM)WATER FOR DUST CONTROLFULL DEPTH RECLAMATION (10-INCH DEPTH)FULL DEPTH RECLAMATION (12-INCH DEPTH)MILL BITUMINOUS PAVEMENT (2-INCH DEPTH @ 18-INCHES WIDE)MILL BITUMINOUS PAVEMENT (4-INCH DEPTH)JOINT ADHESIVE (TOE OF CONCRETE CURB)BITUMINOUS ROAD PAVEMENT CONTROL JOINT SAW AND SEALBITUMINOUS MATERIAL FOR TACK COATTYPE SPWEA330L BITUMINOUS MIXTURE (1 - 3-INCH LIFT, RESIDENTIAL DRIVEWAY)TYPE SPWEA430B BITUMINOUS MIXTURE (2 - 2-INCH LIFTS, COMMERCIAL DRIVEWAY) TYPE SPWEB340C BITUMINOUS MIXTURE TYPE SPWEA340C BITUMINOUS MIXTURETYPE SPNWB330C BITUMINOUS MIXTURE 4-INCH CONCRETE SIDEWALK (HE CONCRETE)CONCRETE CURB & GUTTER DESIGN B624, D412, D418, B612, B618, V6, TRANSITION6-INCH CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL (HE CONCRETE)8-INCH CONCRETE DRIVEWAY PAVEMENT, COMMERCIAL (HE CONCRETE)CONCRETE MEDIAN NOSE (MNDOT STANDARD PLATE 7109C) (HE CONCRETE)TRUNCATED DOMES6-INCH CONCRETE PEDESTRIAN CURB RAMP (HE CONCRETE)INSTALL SALVAGED STREET SIGNINSTALL SALVAGED MAILBOX ASSEMBLY (ALL TYPES)FURNISH & INSTALL MAILBOX ASSEMBLY (ALL TYPES)TRAFFIC CONTROL - GERVAIS AREA NEIGHBORHOODCONSTRUCTION SIGN-SPECIALRIGID PVC LOOP DETECTOR 6'X6'EROSION CONTROL, CONTRACTOR'S PLANSTORM DRAIN INLET PROTECTION (ALL TYPES)SEDIMENT CONTROL LOG, TYPE COMPOSTLOAM TOPSOIL BORROW (4-INCH DEPTH) COMMERCIAL FERTILIZER TYPE 1, 10-10-10 FOR SODDED/SEEDED AREAS (300 LB/AC)SODDING TYPE MINERALWATER FOR TURF ESTABLISHMENT (ADDITIONAL)4-INCH SOLID LINE WHITE (EPOXY MULTI-COMPONENT)4-INCH BROKEN LINE WHITE (EPOXY MULTI-COMPONENT)4-INCH SOLID LINE YELLOW (EPOXY MULTI-COMPONENT)24-INCH SOLID LINE YELLOW (EPOXY MULTI-COMPONENT)4-INCH DOUBLE LINE YELLOW (EPOXY MULTI-COMPONENT) 2123.61 2021.6012104.5022104.5032104.5032104.5042104.5042104.6022106.5072106.5072106.5092106.6072130.5232215.5042215.5042232.6032232.6042331.6032331.6032357.5062360.6042360.6042360.6092360.6092360.6092521.51 82531.5032531.5042531.5042531.6022531.6182531.6182540.6022540.6022540.6022563.6012563.6182565.6022573.5012573.5022573.5032574.5042574.5082575.5042575.5042575.5082575.5232582.5032582.5032582.5032582.5 032582.503 Specification No. 123456789 10111213141516171819202122232425262728293031323334353637383940414243444546474849505152 Item No. Payment Application No. 7 - FINAL QUANTITIES Contract: City of Maplewood Project 21-07Project Name: Gervais Area Pavement Rehabilitation BASE BIDSTREET IMPROVEMENTS Council Packet Page Number 58 of 108 G3, Attachment 2 - - - - - - - - - - - 237.93 901.25 262.65 375.00 1,800.00 2,394.00 1,444.50 2,060.00 2,750.00 6,719.35 1,761.80 4,532.00 4,295.10 1,600.00 2,600.00 6,600.00 2,000.00 6,250.00 1,467.75 2,884.00 5,950.00 2,472.00 5,562.00 4,429.00 2,575.00 10,564.71 13,390.00 50,749.50 14,450.00 33,750.00 10,400.00 12,208.59 13,390.00 36,256.00 28,805.24 24,720.00 32,960.00 24,514.00 50,662.65 125,211.64 To Date ExtendedTo Date ExtendedTo Date Extended $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $2,015,982.40 $ $ 2000001212265814000324150010 1133952011172517251017303214 200228270 2.63 44.131,31717.21 Quantity to DateQuantity to DateQuantity to Date 14 3317 Quantity This PeriodQuantity This PeriodQuantity This Period 50 901.25 880.65750.00 1,800.00 5,040.00 2,022.30 3,000.00 4,944.00 8,590.20 2,400.00 6,500.00 1,467.75 2,884.00 2,575.00 3,450. 7,210.001,052.661,812.802,060.001,219.608,487.602,249.702,322.901,761.802,600.008,800.002,000.001,081.504,017.007,416.005,562.004,429.002,575.003,347.50 12,051.00 13,390.00 49,450.00 16,150.00 35,100.00 18,746.00 16,450.00 21,758.75 26,368.00 37,080.00 24,514.00 10,400.00 53,081.50 11,040.5714,126.0036,256.00 152,453.51 1,926,793.91 Contract ExtendedContract ExtendedContract Extended $$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $ $$ $$$ 50 7.218.249.279.277.00 $9.00$5.3560.9870.7374.9977.4388.09 $10.50250.00 103.00 412.00 901.25 800.00 850.00 400.00 721.00 125.00 350.00 824.00 885.80 $15.45 1,030.002,147.554,017.001,150.001,300.001,100.001,467.751,339.001,339.001,236.009,064.001,673.755,562.001,030.002,575.003,347.501,751.002,575.003,450. $250.00 13,390.00 $1,350.00 $1,300.00 Unit PriceUnit PriceUnit Price $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ 7 1 4 3 1 3 2 8 5 8 1 4 3 6 6 4 1 5 1 1 1 1 12202030302012431926702695144713323614 200480378146220120 1,191 2,018 Contract Contract Contract STREET IMPROVEMENTS SUBTOTAL:QuantityQuantityQuantity STORM SEWER IMPROVEMENTS SUBTOTAL: SANITARY SEWER IMPROVEMENTS SUBTOTAL: L FL FL FL FL FL FL FL FL FL FL FL F S FS F UnitUnitUnit TON EACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACH Item DescriptionItem DescriptionItem Description GRANULAR BEDDING MATERIAL FOR STORM SEWER (MAPLEWOOD STANDARD PLATE 340 REHABILITATE EXISTING MH/CB ADJUSTMENT RINGS (MAPLEWOOD STANDARD PLATE 3504-INCH OR 6-INCH SCHEDULE 40 SANITARY SEWER SERVICE REPAIR (MAPLEWOOD STANDA4-INCH GATE VALVE AND BOX 24-INCH SOLID LINE WHITE (EPOXY MULTI-COMPONENT)PAVEMENT MESSAGE WHITE (EPOXY MULTI-COMPONENT)CROSSWALK WHITE (EPOXY MULTI-COMPONENT)REMOVE/ABANDON DRAINAGE STRUCTURE (CB, MH, CB-MH) (ANY SIZE)SALVAGE STORM SEWER CASTINGREMOVE & DISPOSE OF STORM SEWER PIPE (ANY SIZE & TYPE)4-INCH PERFORATED DRAIN TUBING WITH TYPE 1 SOCK (INCLUDES FILTER AGGREGATE)12-INCH CORRUGATED SMOOTH WALL HDPE PIPE SEWER12-INCH RC PIPE SEWER CLASS IV15-INCH RC PIPE SEWER CLASS IV18-INCH RC PIPE SEWER CLASS IV24-INCH RC PIPE SEWER CLASS IVCONNECT TO EXISTING STORM SEWER PIPECONNECT TO EXISTING STORM SEWER STRUCTURECONSTRUCT DRAINAGE STRUCTURE, DESIGN 2' x 3' CBCONSTRUCT DRAINAGE STRUCTURE, DESIGN 48-INCH CB/MHCONSTRUCT DRAINAGE STRUCTURE, DESIGN 72-INCH CB/MHADJUST STORM SEWER CASTING (ALL TYPES)FURNISH & INSTALL R-3067-V FRAME & V GRATE FOR STORM SEWERFURNISH & INSTALL R-1678-A FRAME & SOLID LID FOR STORM SEWERFURNISH & INSTALL R-3250-1 FRAME & K GRATE FOR STORM SEWERREHABILITATE EXISTING MH/CB DOGHOUSE(S)/INVERT(S)SALVAGE SANITARY SEWER CASTINGFURNISH & INSTALL R-1678-A FRAME & SOLID LID FOR SANITARY SEWER ADJUST SANITARY SEWER CASTING (ALL TYPES)DISCONNECT WATER SERVICEREMOVE HYDRANTABANDON WATER MAIN (ANY SIZE)REMOVE WATER MAIN (ANY SIZE) (OPEN CUT AREAS ONLY)GRANULAR BACKFILL (FOR WATER MAIN)CURB BOXADJUST CURB BOXREPAIR VALVE BOXADJUST VALVE BOXVALVE BOXHYDRANT (MAPLEWOOD STANDARD)WATER UTILITY HOLEEXCAVATION FOR WATER MAIN OFFSETSACRIFICIAL ANODE SACRIFICIAL ANODE RETROFITCATHODIC PROTECTION TEST STATION1.0-INCH CURB STOP VALVE AND BOX W/WASTE2.0-INCH CURB STOP VALVE AND BOX W/WASTE1.0-INCH CORPERATION STOP2.0-INCH CORPERATION STOP 2582.5032582.5182582.5182104.5022104.5022104.5032451.6032502.5032503.5032503.5032503.5032503.5032503.5032503.6022503.6022506.5022506.5022506.5022506.5022506.5022506.5022506.5022506.6022506.6022104.50 22503.6032506.5022506.5022103.5022104.5022104.5032104.5032451.6092504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.6022504.602 Specification No.Specification No.Specification No. 5354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899 100101 Item No.Item No.Item No. STORM SEWER IMPROVEMENTSSANITARY SEWER IMPROVEMENTSWATERMAIN IMPROVEMENTS Council Packet Page Number 59 of 108 G3, Attachment 2 - - - - - - - - - 00 00 00 00 92 68 36 75 00 00 00 00 00 00 00 45 00 50 00 00 20 00 46 00 75.00 67.50 841.00 550.00 947.50 302.82 270.00 540.00 927.00 1,291.62 2,266.00 4,326.1,442.2,472.4,000.2,178.1,668.1,287.1,650.2,500.4,678.5,975.2,556.2,678. 36,153.00 31,724.00 24,565.50 27,243.50 46,284.08 87,714.59 63,566.49 40,000.16,575.11,688.48,880.91,087.16,621.14,239.24,720.12,360.23,175. 146,633.12 109,936. 667,401.48 To Date Extended $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 973021 6 2 5 5 2 4 7 2 3 5 192216 20 13 49 18 10 50 34 230328379 235 278 135 938 35.5 2922 487.5 12220 694.45239.00 6780.00 1084.38 1308.77 1,001.883,857.19 Quantity to Date 2 18.0050.00 Quantity This Period 00000000000000000010000050000000002000000050002075000000 1.003.805.80 772.50206.00480.00309.00150.00450.00927.00515.00 2,575. 4,326. 2,163. 2,472. 4,000. 2,050. 5,840. 2,100. 3,640. 1,287. 3,300. 2,500. 1,200. 4,678. 8,750. 3,759. 6,695. 4,120. 1,699.501,030.002,822.202,605.901,650.00 36,153.00 31,724.00 24,565.50 40,000. 16,320. 10,800. 48,880. 80,640. 11,252. 14,239. 37,080. 18,540. 39,325.4017,215.4295,996.00 107,520. 151,394.55101,470.45 753,345.64 Contract Extended $$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$ $ 6.002.504.006.189.276.004.000.010.500.014.000.690.01 67.9887.5523.6916.4834.0041.2015.0015.0050.0025.0084.0084.0025.7575.1917.72 103.00 141.11 118.45 141.11 211.15 275.00 515.00154.50721.00721.00154.50200.00257.50463.50165.00669.50 4,017.004,532.008,188.502,034.25 4,120.00 4,635.00 40,000.00 12,360.00 Unit Price $$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$ $$$$$$$$$$$$$ 1 5 5 6 3 5 5 2 7 3 1 4 9 7 3 6 16 20 20 50 20 10 80 50 10 30 50 251020 100 380 580 350 960 635 480 820 630 350 910 332122717110 1280 2700 2400 6780 12220 1,159 5,825 Contract Quantity WATERMAIN IMPROVEMENTS SUBTOTAL: SYLB CY L FL FL FL FL FL FL FL FL FL FL FL FL FL FL F S YL BS YS YS YS YC YC YS Y GALGAL Unit TONTON TREETREE EACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACH HOURMGAL LUMP SUM Item Description 6-INCH GATE VALVE AND BOX8-INCH GATE VALVE AND BOX16-INCH BUTTERFLY VALVE AND BOX1.0-INCH TYPE K COPPER2.0-INCH TYPE K COPPER4-INCH WATER MAIN DUCTILE IRON CL 53 - OPEN TRENCH6-INCH WATER MAIN DUCTILE IRON CL 53 - OPEN TRENCH8-INCH WATER MAIN DUCTILE IRON CL 52 - OPEN TRENCH16-INCH WATER MAIN DUCTILE IRON CL 52 - OPEN TRENCH8-INCH WATER MAIN HDPE (DIPS - SDR 11) - PIPE BURSTING2-INCH INSULATIONDUCTILE AND GREY IRON FITTINGSCASTING ASSEMBLY SPECIAL (SPRWS STANDARD PLATE D14)MOBILIZATIONREMOVE AND REPLACE CONCRETE CURB AND GUTTERCLEARINGGRUBBINGREMOVE GATE VALVE & BOXREMOVE HYDRANTSALVAGE SIGNSALVAGE MAIL BOX SUPPORTREMOVE CASTINGSAWING CONCRETE PAVEMENT (FULL DEPTH)SAWING BIT PAVEMENT (FULL DEPTH)REMOVE CURB & GUTTERREMOVE SEWER PIPE (STORM)REMOVE WATER MAINREMOVE CONCRETE WALKREMOVE CONCRETE DRIVEWAY PAVEMENTREMOVE BITUMINOUS DRIVEWAY PAVEMENTREMOVE BITUMINOUS PAVEMENTREMOVE DRAINAGE STRUCTUREGRANULAR BORROW (CV)REPAIR DRAINAGE STRUCTURESTREET SWEEPER (WITH PICKUP BROOM)WATERCALCIUM CHLORIDE SOLUTIONAGGREGATE BASE (CV) CLASS 5FULL DEPTH RECLAMATIONJOINT ADHESIVEBITUMINOUS MATERIAL FOR TACK COATTYPE SP 9.5 WEAR CRS MIX (2,B) 3" THICK SYTYPE SP 9.5 WEAR COURSE MIX (2,B)TYPE SP 12.5 NON-WEAR COURSE MIX (2,B)TRENCH STABILIZATION MATERIAL (CV)15" RC PIPE SEWER DES 3006 CL VCONNECT TO EXISTING STORM SEWERDUCTILE IRON FITTINGSCONNECT TO EXISTING WATER MAINHYDRANT & VALVE6" GATE VALVE & BOX8" GATE VALVE & BOX 2504.6022504.6022504.6022504.6032504.6032504.6032504.6032504.6032504.6032504.6032504.6042504.6082506.602 2021.501 2104.501 2101.524 2101.524 2104.502 2104.502 2104.502 2104.502 2104.502 2104.503 2104.503 2104.503 2104.503 2104.503 2104.504 2104.504 2104.504 2104.504 2104.502 2105.507 2506.602 2123.610 2130.523 2131.506 2211.507 2215.504 2331.603 2357.506 2360.504 2360.509 2360.509 2451.607 2503.503 2503.602 2503.608 2504.602 2504.602 2504.602 2504.602 Specification No. 1B2B3B4B5B6B7B8B9B 102103104105106107108109110111112113114 10B11B12B13B14B15B16B17B18B19B20B21B22B23B24B25B26B27B28B29B30B31B32B33B34B35B36B37B38B39B Item No. BID ALTERNATE 2Ariel Street Improvements With Sidewalk Council Packet Page Number 60 of 108 G3, Attachment 2 ---- --- ---- 325.50 769.40 263.70 373.40 296.00 200.00 030.00 940.00 435.21 697.75 5,428.10 3,9,100.00 6,500.00 3,450.50 9,476.00 1,120.00 2,039.40 3,3,1,416.25 1,150.00 1,1,7,931.00 1,2, 94,809.44 29,098.53 69,249.16 10,400.00 46,580.00 22,170.75 84,11,42,000.00 16, 941,075.23 941,075.23 2,859,258.17 3,800,333.39 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Total: 00 8 7 5 1 4 7 1 5 2 62 18 16 16 10 387 764 205 1046 2740 184.3 500.00 220. 1579.00 2929.00 2725.00 12585.896 5.0386855862584 23575 220.00 00405060601000000050000000000000204000000025000000007575602500400000000000 77. 253.418.042.007.945.775.000.400.200.450.476.120.900.793.532.120.470.906.412.400.000.416.955.500.375.515.643.437.244.721.338.746.171.515.842.772. 5, 3, 5, 3, 9, 1, 4, 4, 1, 1, 3, 2, 2, 2, 1,545.00 73, 10, 48, 13, 10, 45, 23, 91, 42, 12, 18, 16, 918,985.65 918,985.65 2,885,674.56 3,804,660.21 $ $$$$$$$$$ $$$$$$$$$$$$$$$$$$ $$$$$$$$$$$ $$$ 6.702.583.885.150.490.993.09 87.5590.6475.1990.6477.5117.0063.8656.6545.0087.5536.0536.0510.30 669.50160.00108.15113.30206.00200.00283.25115.00500.00515.00128.75257.50 1,300.00 1,300.00 1,300.00 3,450.50 2,369.00 42,000.00 BASE BID TOTAL: Contract Total: $$$$$$$$$$$$ $$$$$$$$$$$$$$$$$$$$$$$$$ $ BID ALTERNATE 2 TOTAL: BID ALTERNATE 2 TOTAL: 8 4 1 4 7 2 2 1 5 1 1 5 5 0 60 15 40 10 10 16 17 75 20 40 70 870 520 810 540 220 100 500 2700 3180 1570 5800 2800 13600 SYLBLB L FL FL FL FL FL FL FL F S YS YS FS FC YS YS YS F EACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHEACHACRE HOURMGAL LUMP SUMLUMP SUM CROSSWALK PAINT 6" WATERMAIN DUCTILE IRON CL 528" WATERMAIN HDPE (PIPE BURST)UTILITY CREW6" WATERMAIN C9008" WATERMAIN C9004" POLYSTYRENE INSULATIONCASTING ASSEMBLY (STORM)CASTING ASSEMBLY (SANITARY)CASTING ASSEMBLY (WATER)CONST DRAINAGE STRUCTURE DESIGN 48-4020CONST DRAINAGE STRUCTURE DESIGN SPEC (2'X3')CHIMENY SEAL INTERNALCONCRETE CURB & GUTTER DESIGN B6186" CONCRETE DRIVEWAY PAVEMENT7" CONCRETE DRIVEWAY PAVEMENT6" CONCRETE WALKTRUNCATED DOMESTEMPORARY MAIL BOXINSTALL MAIL BOX SUPPORTMAIL BOXTRAFFIC CONTROLINSTALL SIGNSTORM DRAIN INLET PROTECTIONSTABILIZED CONSTRUCTION EXITWATERPOST BURST SANITARY SEWER VERIFICATIONIRRIGATION SYSTEM REPAIRREPAIR DOG FENCEHYDRAULIC MULCH MATRIXSEEDING SEED MIXTURE 33-261SEDIMENT CONTROL LOG TYPE WOOD FIBERCOMMON TOPSOIL BORROWSODDING TYPE LAWNROLLED EROSION PREVENTION CATEGORY 354" SOLID LINE MULTI COMP4" DBLE SOLID MULTI COMP 2504.603 2504.603 2123.610 2504.603 2504.603 2504.604 2506.502 2506.502 2506.502 2506.502 2506.602 2506.602 2531.503 2531.504 2531.504 2531.518 2531.618 2540.602 2540.602 2540.602 2563.601 2564.602 2573.501 2573.501 2575.523 2503.602 2504.602 2557.602 2575.508 2575.605 2575.508 2573.503 2574.507 2575.504 2575.504 2582.503 2582.503 2582.518 77B 40B41B42B43B44B45B46B47B48B49B50B51B52B53B54B55B56B57B58B59B60B61B62B63B64B65B66B67B68B69B70B71B72B73B74B75B76B Council Packet Page Number 61 of 108 G3, Attachment 3 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT GERVAIS AREA PAVEMENT REHABILITATION, CITY PROJECT 21-07 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Gervais Area Pavement Rehabilitation, City Project 21-07, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Gervais Area Pavement Rehabilitation, City Project 21-07, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 21-07 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $3,800,333.39. Final payment to T.A. Schifsky and Sons, Inc. and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 26 day of February 2024. Council Packet Page Number 62 of 108 G4 CITY COUNCILSTAFF REPORT Meeting Date February 26, 2024 REPORT TO: Mike Darrow, Assistant City Manager REPORT FROM: Steven Love, Public Works Director / City Engineer PRESENTER: Steven Love, Public Works Director / City Engineer AGENDA ITEM: Resolution for No Parking on McKnight Road Between Beam Avenue and I-694, City Project 24-03 Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Ramsey County is planning a mill and overlay project on McKnight Road, from 11th Avenue to Interstate Highway 694 (I-694), in 2024. As part of this project Ramsey County is looking to do a 4 to 3-lane conversion on the section of McKnight Road between 13th Avenue and I-694. The proposed design requires the section of McKnight Road between Beam Avenue and I-694 to be signed as No Parking. The City Council will consider approving a resolution requesting Ramsey County to restrict parking on McKnight Road between Beam Avenue and I-694. Recommended Action: Motion to approve the Resolution Requesting Ramsey County to Restrict Parking on McKnight Road between Beam Avenue and Interstate Highway 694. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is $0.00 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other: None Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The proposed motion allows Ramsey County to convert the section of McKnight Road between Beam Avenue and I-694 from a 4-lane road to a 3-lane road with dedicated bike lanes while meeting State Aid design standards. Background: Ramsey County is planning a mill and overlay project on McKnight Road from 11th Avenue to I-694 in 2024. McKnight Road is a County State Aid Highway and is subject to Minnesota Department of Council Packet Page Number 63 of 108 G4 Transportation State Aid design standards. Ramsey County completed a 4 to 3-lane conversion study in 2020. This study showed that McKnight Road is a good candidate for the conversion to a 3-lane road. It has become Ramsey County’s policy to eliminate 4-lane undivided roadways when surface improvements are made, as they hold the highest urban crash rate of any road configuration within Minnesota. As part of Ramsey County’s mill and overlay project the County is proposing to do a 4 to 3-lane conversion on the section of McKnight Road between 13th Avenue and County Road D. This section lies within the cities of Maplewood and North Saint Paul. The project includes improvements to pavement conditions, ADA upgrades, and enhanced pedestrian crossings. In Maplewood the enhanced crossings will be located at Woodlynn Avenue and at Gall Avenue. The section of McKnight Road that lies between Mohawk Road and Beam Avenue is currently striped as a 2-lane road with shared shoulders. This section of McKnight Road will be striped as a 3-lane road (one lane in each direction with continuous center left turn lane) and will retain the existing shared use shoulders instead of dedicated bike lanes. This will allow for the continued use of the shared shoulders for parking and/or biking. th The sections of McKnight Road lying between 13Avenue and Mohawk Road and between Beam Avenue and I-694 are currently striped as a 4-lane road with no room available for on-street parking or shoulders. These sections of McKnight Road will be restriped as a 3-lane road (one lane in each direction with continuous center left turn lane) and 7-foot wide dedicated bike lanes. Ramsey County sent a postcard notice for a public meeting to residents who live on or near the project area which was held on November 16, 2023. Prior to the open house a survey was created and posted to the project website to gather public feedback. Opinions about the project were split with some worried about increased congestion and slower travel times. Others were in favor of the proposed bike lanes and the possible reduction in speed to improve safety. No comments were received against keeping the section of McKnight Road between Beam Avenue and I-694 as a no parking area. Ramsey County is requesting the City Council pass a resolution restricting parking on the McKnight Road between Beam Avenue and I-694. Staff recommends the approval of the attached resolution. Attachments: 1.Resolution Requesting Ramsey County to Restrict Parking on McKnight Road between Beam Avenue and Interstate Highway 694 2.McKnight Road, Beam Avenue to Interstate Highway 694, Striping Plan Council Packet Page Number 64 of 108 G4, Attachment 1 RESOLUTION REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ON MCKNIGHT ROAD BETWEEN BEAM AVENUE AND INTERSTATE HIGHWAY 694 WHEREAS, McKnight Road (CSAH 68) is a Ramsey County State Aid Route, and WHEREAS, Ramsey County has proposed a mill an overlay project on McKnight Road th Between 11 Avenue and Interstate Highway 694, and th WHEREAS, Ramsey County will be converting McKnight Road, between 13Avenue and Interstate Highway 694, from a 4-lane to 3-lane road, and WHEREAS, the existing road facilities for the section of McKnight Road between Beam Avenue and Interstate Highway 694 currently does not provide adequate width for parking on the street, and WHERAS, the section of McKnight Road between Beam Avenue and Interstate Highway 694 will have dedicated bike lanes, which require the section of McKnight Road between Beam Avenue and Interstate Highway 694 to be signed as a No Parking area. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood hereby requests Ramsey County to ban parking at all times on McKnight Road between Beam Avenue and Interstate Highway 694. th Adopted by the City Council on this 26day of February, 2024. Council Packet Page Number 65 of 108 G4, Attachment 2 2 44 77 44 00 00 ++ 0000 9900 44++ ' 66 2 00 155 ) 8 6 T H A S MAPLE LANE EAST C ( 00 00 H ++ 33 T AVENUE 77 R 44 WOODLYNNO N 00 7' 00 7'11' 12' 11' D ++ 99 2'2' A 88 44 O R 505+00505+00 2 T 5 H 2 T 2 G I N K C 00 M 00 ++ 22 77 44 00 00 ++ ) 88 8 88 44 K 6 A R T H R 504+00504+00 H O A D 5 A 4 S 0 C 3 ( BIKE LANE H BUFFER T R 00 O 00 ) THRU LANE ++ N 8 11 77 6 44 D H A A O MEDIAN 00 ' ' S 00' R 1 1 ++ 7 3 7'1 12' C 1 7700 BIKE LANE RAISED (2' T 5 8800 2' 44 ++ 2 H 33 H 2BUFFER 00 G T 55 I R N THRU LANE O KTHRU LANE N C MBUFFER D A BIKE LANEOTURN LANE 00 R 00 CENTER LEFT ++ T 00 77 H 44 BEAM AVENUE G I THRU LANE N 00 00 K ++ 66 C 88 BUFFER 44 M 502+00502+00 BIKE LANE ' 8 11' 8' 12' 11' 4 00 5 00 4 9 6 ++-I 2 99 2 66 44 00 00 ++ 55 PROPOSED MEDIAN 88 ' 44 2 2' ' ' 501+00501+00 1 1 7' 7'1 12' 1 PROPOSED I-6 9 4 00 00 ++ 4400 8800 44++ 00 T 00 55 T BIKE LANE LYDIA AVENUE ( 00 00 BUFFER ++ 3300 8800 44++ 99 THRU LANE 99 44 TURN LANE CENTER LEFT ) 8 K 6 R H A 5 THRU LANE A P 9 S 9 T 2C S ( BUFFER THRU LANE 00 E 00 H ++ R BIKE LANE 22 T 88 C 44 R Y O A 498+00498+00 N L COUNTY ROAD D EAST THRU LANE P D A O R T THRU LANE H G I ) N 8 5 6 K 8 C 9H THRU LANE 00 2 M A 00 ++ S 1100 8800 C 44 ++ ( 6 77 99 6 H 44 2 T 2 R O N PROPOSED D 7A 7 O 9 R 2 T H G I 00 00 N ++ 0000 K 8800 44 C ++ 66 99 M 44 1 7 9 1 2 EXISTING 0 1 1 3 7 2 2 00 00 ++ 9900 7700 3 44 ++ 6 55 99 9 44 5 2 9 0 THRU LANE ' 3 1 1 7' 7'1 112' 2' 2' GALL AVENUE THRU LANE 7 5 9 2 00 00 THRU LANE ++ T 8800 7700 44 ++ 44 99 44 8 T 6 ) 2 THRU LANE 8 12'2 14' 6 H 1 A 5 9S 2 C ( H ' T 1 7' R 1 2' 00 7'2' O 12' 00 11' ++ N 77 00 7700 44 D ++ 33 A 99 44 O M R R 3 4T A 9 F H 2 G E I I N R I K A C R M P EXISTING 00 00 ++ 66 00 E 5 A 77 S 00 T 44 3++ 22 9 A V 99 E N U 2E 44 S T A N D R DI G E 9 2 9 2 00 00 ++ 55 00 77 00 44 ++ 11 99 44 MCKNIGHT ROAD - CITY OF MAPLEWOODBEAM AVENUE TO KARTH ROAD 1 5 00 00 2 ++ 2 44 00 Council Packet Page Number 66 of 108 G5 CITY COUNCIL STAFF REPORT Meeting Date February 26, 2024 REPORT TO: City Council REPORT FROM: Mike Darrow, Assistant City Manager / HR Director PRESENTER: Mike Darrow, Assistant City Manager / HR Director AGENDA ITEM: Separation Agreement and Release and Waiver of All Claims Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood has inherent managerial rights as allowed by the Minnesota Public Employment Labor Relations Act (PELRA); including, but not limited to, organizational structure and selection of personnel. Recommended Action: Motion to approve the Severance Agreement and Release of All Claims; and authorize the Mayor and City Manager to execute the document. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $15,518.40 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 The City strives to place individuals into roles that fit their unique strengths and abilities. Background: The City of Maplewood entered into a separation agreement with Lisa Kroll and AFSCME. Ms. Kroll has been an employee with the City of Maplewood for over two decades, most recently she was a member of the Police Records department. Due to the technical nature of this position, it was mutually agreed that this position was not a good fit. There are no other open positions within the City. With the terms of this agreement, Ms. Kroll will agree not to bump back into another ASCFME position and will not be able to reapply for a job within the City of Maplewood. Council Packet Page Number 67 of 108 G5 Attachments: 1.Separation Agreement and Release and Waiver of All Claims Council Packet Page Number 68 of 108 G5, Attachment 1 SEPARATION AGREEMENT AND RELEASE AND WAIVER OF ALL CLAIMS This Separation Agreement and Release And Waiver Of All Claims is entered into between the City of Maplewood (hereafter ÐCityÑ), Minnesota AFSCME Council No. 5, Local 2725 (hereafter ÐUnionÑ) and Lisa Kroll (hereafter ÐKrollÑ). RECITALS 1.WHEREAS, Kroll has been employed by the City. 2.WHEREAS, Kroll has expressed an interest in separating from employment with the City. 3.WHEREAS, the parties wish to resolve all potential issues through this Agreement in the interest of avoiding potential arbitration or litigation costs and further disputes, which would be expensive and time consuming, that may in any way arise out of KrollÓs employment with the City and his separation from employment with the City. AGREEMENT 1.Separation from Employment. Kroll shall be separated from employment with the City effective February 10, 2024. Except as otherwise provided in this Agreement, all benefits and privileges end as of that date. 2.Payout of Annual Leave. In accordance with Appendix C, Section I. of the collective bargaining agreement, the City shall pay, and Kroll shall accept, payment for 100% of her accrued unused annual leave hours. Equal payments will be made throughout the severance period per pay check. PTO will not accrue after February 9, 2024. 3.Consideration. In full settlement of all claims and potential claims, as set forth in the Release and Waiver of All Claims attached hereto as Exhibit A, arising out of and related to KrollÓs employment and separation from employment, the City shall pay and Kroll shall accept the following: a.Severance. The City shall pay, and Kroll shall accept the amount of $15,518.40 as a severance payment to be made in two payments concluding on the final pay period of the severance period. This amount reflects three months of employment within the City of Maplewood. b.Health Insurance. The City shall make its normal monthly insurance contribution towards KrollÓs health insurance premium in the group medical insurance benefit Kroll participated as of February 10, 2024 through April 30, 2024. The CityÓs payments will be made directly to the group health insurance carrier. The City will notify its COBRA administrator that KrollÓs continuation period shall begin on May 1, 2024. Kroll agrees the City does not owe her anything in addition to these payments. All payments by the City to Kroll as referenced in paragraphs 2 and 3 above shall be subject to regular state and federal withholdings and the payment of social security and Medicare 1 Council Packet Page Number 69 of 108 G5, Attachment 1 taxes. All payments by the City to Kroll as referenced in paragraphs 2 and 3 above shall be made after the expiration of the rescission period as outlined in paragraph D Release and Waiver of All Claims attached hereto as Exhibit A. 4. No Reemployment. Kroll agrees to never seek or accept employment with the City in any capacity at any time after the effective date of her separation, and she will not seek and/or accept employment, consultant, and/or other working relationship with the City. If this provision is breached by Kroll, the employment application will be rejected by the City or KrollÓs employment will be terminated, whichever is applicable, without any resulting claim by Kroll or any liability for the City or its present and former board members, employees, agents, assigns, insurers, representatives, counsel, administrators, predecessors, successors, or other affiliates. 5. Non-Admission. Nothing in this Agreement is intended to be, nor will it be deemed to be, an admission of liability by the City or its present and former City Council Members, employees or agents that they have violated any policy, contract, state, federal or local statute or ordinance, administrative regulation or principle of common law, or that they have engaged in any wrongdoing whatsoever, the same being expressly denied. 6. Non-Precedent. This Separation Agreement shall not constitute a precedent with respect to any other claim, grievance, or dispute arising under the collective bargaining agreement between the City and the Union and shall not be referred to or used as evidence in any other grievance matter. 7. Waiver of Grievance. The Union and Kroll hereby waive with prejudice the right to file any grievance regarding all matters relating to Kroll which are governed by the collective bargaining agreement. 8. Entire Agreement. This Agreement contains the entire agreement between the City and Kroll with respect to the subject matter hereof, and there are no promises, undertakings or understandings outside of this Agreement. This Agreement supersedes all prior or contemporaneous discussions, negotiations and agreements, whether written or oral. 9. Voluntary and Knowing Action. Kroll represents and agrees that (a) she has had the opportunity to be represented by his Union and/or legal counsel; (b) she has read this Separation Agreement and Release and Waiver of All Claims and fully understands the terms and conditions contained herein; (c) she relies solely upon her own judgment regarding the proper, complete and agreed upon consideration for, and language of, this Agreement; (d) she has not been influenced to sign this Separation Agreement and Release and Waiver of All Claims by any statements or representations of the City, its attorneys or agents not contained in this Separation Agreement and Release and Waiver of All Claims; and (e) she enters into this Separation Agreement and Release and Waiver of All Claims knowingly and voluntarily. 10. Enforceable Contract. This Agreement will be construed, enforced and governed by the laws of the State of Minnesota and the laws of the United States. If any part of this Agreement is construed to be in violation of any law, such part shall be modified to achieve the objective of the parties to the fullest extent permitted and the balance of this Agreement shall remain in full force and effect. 2 Council Packet Page Number 70 of 108 G5, Attachment 1 11. Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, and such decision is affirmed on any appeal, the unenforceable provision shall be amended to the extent necessary to comport to applicable law. If it cannot be so amended without materially altering the intention of the parties, it shall be severed from the Agreement. In either event, the remainder of this Agreement shall continue in full force and effect. 12. Counterparts. This Agreement may be signed simultaneously in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement by their signatures below. Dated: Lisa Kroll Subscribed and sworn to before me this _____ day of _______________, 2024. Notary Public AFSCME COUNCIL 5 Dated: Dated: CITY OF MAPLEWOOD Dated: Dated: 3 Council Packet Page Number 71 of 108 G5, Attachment 1 RELEASE AND WAIVER OF ALL CLAIMS EXHIBIT A A. Definitions. All words used in the Release and Waiver of All Claims are intended to have their plain meaning in ordinary English. Specific terms used in the release have the following meanings: 1. ÐCity,Ñ as used in the Release and Waiver of All Claims, will at all times mean City of Maplewood, Minnesota and its present and former City Council Members, employees, agents, assigns, insurers, representatives, counsel, predecessors, successors, and other affiliates, of any of them, in both their individual and official capacities. 2. ÐKroll,Ñ as used in the Release and Waiver of All Claims, means Lisa Kroll, or anyone who has or obtains any legal rights or claims through her, including without limitation, assigns, successors, representatives, executors, and heirs. 3. ÐEmployeeÓs Claims,Ñ as used in the Release and Waiver of All Claims, mean any rights Lisa Kroll has now or hereinafter to any relief of any kind from the City whether or not Kroll knows now about those rights, arising out of or related to her employment with the City and her separation from employment including, without limitation, the following: a. Claims for breach of contract, fraud or misrepresentation, deceit, assault and battery, defamation, all forms of unlawful discrimination and/or harassment, negligence, intentional or negligent infliction of emotional distress, mental anguish, humiliation, embarrassment, pain and suffering, reprisal, unfair labor practices, breach of the covenant of good faith and fair dealing, promissory estoppel, negligence or other breach of duty, wrongful termination of employment, retaliation, breach of public policy, vicarious liability, invasion of privacy, interference with contractual or business relationships, reprisal; and b. Claims for violation of the Constitution of the United States, the Constitution of the State of Minnesota, the Americans with Disabilities Act (ÐADAÑ), the Rehabilitation Act of 1973, the ADA Amendments Act (ÐADAAÑ), the Federal Fair Employment Practices Act, Title VII of the federal Civil Rights Act of 1964 as amended, the federal Age Discrimination in Employment Act (ÐADEAÑ), the Equal Pay Act (ÐEPAÑ), the Lilly Ledbetter Fair Pay Act of 2009, the Fair Labor Standards Act (ÐFLSAÑ), the Family and Medical Leave Act (ÐFMLAÑ), Section 1983 claims, the Minnesota Human Rights Act, the Minnesota Veterans Preference Act, the WorkersÓ Compensation Wrongful Discharge statute, Minn. Stat. § 176.82, Minnesota Whistleblower statute, Minn. Stat. § 181.932, claims for continued health insurance coverage under Minn. Stat. § 299A.465, or other federal, state or local civil rights laws prohibiting discrimination, and any other claims for unlawful employment practices; and 4 Council Packet Page Number 72 of 108 G5, Attachment 1 c. Claims for alleged injuries or damages or compensation for bodily injury, personal injury, wage loss benefits, reinstatement, medical expenses, emotional distress, fines, penalties, punitive damages, attorneyÓs fees, costs and expenses, interest, and claims of injunctive relief. B. Agreement to Release Claims. In exchange for the promises of the City contained in the Agreement and the payments of the City and other valuable consideration as set forth in paragraph 2 of this Agreement, Kroll releases all of EmployeeÓs Claims against the City that she now has, whether or not she knows about them. Kroll agrees that the City does not owe her anything in addition to the promises of the City contained in the Agreement. Kroll will not bring any lawsuits, commence any proceeding relating to any claim, file any charges or complaints or make any other demands against the City based upon EmployeeÓs Claims except as permitted by law, and if the law permits Kroll to commence such a proceeding, Kroll agrees that she may not seek or recover any monetary damages or other relief as a result of any such proceeding. Kroll fully and completely releases, waives, and forever discharges and promises not to sue, or make any other demands against the City related to any and all manner of claims, demands, actions, causes of action, administrative claims, promises, agreements, contracts, rights, liability, damages, claims for attorneysÓ fees, costs, and disbursements, or demands of any kind, including but not limited to, all claims arising in tort or contract, or any other federal, state, and local laws, statutes, ordinances, regulations or orders or any other claims in any manner relating to KrollÓs employment with and separation from the City arising in law or equity, whether known, suspected, or unknown, and however originating or existing which Kroll now has, or which Kroll at any time heretofore had or had a claim to have, against the City to the date of execution of this Release. If in the future Kroll asserts any claim released herein, such claim shall be dismissed with prejudice, and reasonable costs and attorneysÓ fees shall be awarded to the City in the amount determined by a court of competent jurisdiction. C. Consideration Period. Kroll understands that she has twenty-one (21) calendar days from the date she receives the Agreement, not counting the day upon which she receives it, to consider whether or not she wishes to sign the document and release her claims as set forth above. Kroll agrees that changes to the Agreement, whether material or immaterial, will not restart the twenty- one (21) calendar day acceptance period. Kroll acknowledges that if she signs the Release before the end of the twenty-one (21) day period, it is because she has decided that she has already had sufficient time to decide whether to release all of her claims. D. Right to Rescind. 1. Kroll has the right to rescind (cancel) this Agreement only insofar as it extends to potential claims under the Minnesota Human Rights Act, by informing the City of her intent to revoke this Agreement within fifteen (15) calendar days following KrollÓs execution of it. To be effective, such written notice must be in writing and delivered either by hand or by mail within the required period. If sent by mail, the rescission must be (1) postmarked within the fifteen (15) day period; (2) properly addressed to Mike Darrow, City of Maplewood Assistant City Manager/Human 5 Council Packet Page Number 73 of 108 G5, Attachment 1 Resources Director, 1830 County Rd B E, Maplewood, MN 55109; and (3) sent by certified mail, return receipt requested. 2. Kroll likewise has the right to rescind (cancel) this Agreement only insofar as it extends to potential claims under the federal Age Discrimination in Employment Act, by informing the City of her intent to rescind the Agreement within seven (7) calendar days following her execution of the Agreement. To be effective, such written notice must be in writing and delivered either by hand or by mail within the required period. If sent by mail, the rescission must be (1) postmarked within the fifteen (15) day period; (2) properly addressed to Mike Darrow, City of Maplewood Assistant City Manager/Human Resources Director, 1830 County Rd B E, Maplewood, MN 55109; and (3) sent by certified mail, return receipt requested. 3. It is understood that the City shall have no obligation whatsoever under the Agreement in the event of such rescission by Kroll, and the Agreement shall not become effective or enforceable until this rescission period has expired. Kroll agrees that if she exercises any right of rescission, the City may at its option either nullify this Agreement in its entirety or keep it in effect as to all claims not rescinded in accordance with the rescission provisions of this Agreement. In the event the City opts to nullify the entire Agreement, neither Kroll nor the City will have any rights or obligations whatsoever under this Agreement, with the exception that Kroll will be obligated to repay the City for any amounts paid by the City pursuant to this Agreement. Any rescission, however, does not affect KrollÓs separation from employment. E. If, in the future, Kroll asserts any claim released herein, such claim shall be dismissed with prejudice, and reasonable costs and attorneysÓ fees shall be awarded to the City in the amount determined by a court of competent jurisdiction. Dated: Lisa Kroll Subscribed and sworn to before me the _____ day of _______________, 2024. Notary Public 6 Council Packet Page Number 74 of 108 G6 CITY COUNCIL STAFF REPORT Meeting Date February 26, 2024 REPORT TO: Mike Darrow, Assistant City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER:Andrea Sindt, City Clerk AGENDA ITEM: ResolutionAppointing Additional Election Judges for the 2024Presidential Nomination Primary Election Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Minn. Stat. 204B.21(2) states election judges for precincts in a municipality shall be appointed by the governing body of the municipality. Appointments will be made from the resolution list to fill the needed positions after training and required paperwork have been completed. Recommended Action: Motion to approve the resolution listing additional election judges for the 2024 Presidential Nomination Primary Election to be held on March 5, 2024. 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: Expenses reimbursed by the State Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Election judges serve to administer election duties as required by State Statute. Background: The appointments shall be made at least 25 days before the election at which the election judges will serve, except that the appointing authority may pass a resolution authorizing the appointment of additional election judges within the 25 days before the election if the appointing authority determines that additional election judges will be required. Attachments: 1. Resolution Appointing Additional Election Judges for the 2024 Presidential Nomination Primary Election Council Packet Page Number 75 of 108 G6, Attachment 1 Resolution 2024 PRESIDENTIAL NOMINATION PRIMARY ELECTION APPOINTING ELECTION JUDGES WHEREAS, MN State Statute 204B.21, Subd. 2 states election judges for precincts in a municipality shall be appointed by the governing body of the municipality; and WHEREAS, approval of the resolution does not qualify individuals to serve as an election judge; and WHEREAS, appointments will be made from the list to fill the needed positions after training and required paperwork have been completed; and WHEREAS, additional election judges have expressed interest in serving for the Presidential nomination Primary after the initial list of election judges were approved by city council on January 8, 2024; and WHEREAS, appointment of additional election judges within the 25 days before the election may be made if the appointing authority determines that additional election judges will be required; and NOW, THEREFORE, IT BE RESOLVED, that the City Clerk or designee assign Election Judges to serve in the 2024 Presidential Nomination Primary Election to be held on Tuesday, March 5, 2024 also from the following list: Cross, Julia Helmeid, Mollie Lewis, Ken Suchy, Diane Young, Matt Council Packet Page Number 76 of 108 J1 CITY COUNCIL STAFF REPORT Meeting Date February 26, 2024 REPORT TO: Mike Darrow, Assistant City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director Mister Car Wash, 3050 White Bear Avenue North AGENDA ITEM: a. Conditional Use Permit Resolution b.Design Review Resolution Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Mister Car Wash proposes demolishing the existing commercial restaurant building (Denny’s) at 3050 White Bear Avenue and constructing a 4,800-square-foot car wash building on the site. The proposal includes an interior car wash tunnel and exterior self-serve vacuum cleaners. The applicant submitted plans detailing the proposed location and design of the building for consideration. To proceed with this project, the applicant requests approval of a conditional use permit and design review. Recommended Action: a. Motion to approve a resolution for a conditional use permit approving a car wash to be constructed at 3050 White Bear Avenue North, subject to conditions of approval. b. Motion to approve a resolution for design review approving a car wash to be constructed at 3050 White Bear Avenue North, 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 Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The city deemed the applicant’s application complete on December 21, 2023. The initial 60-day review deadline for a decision was February 19, 2024. As stated in Minnesota State Statute 15.99, the city can take an additional 60 days, if necessary, to complete the review and decide. Per the applicant’s request, the review was extended 60 days after that, to April 19, 2024. Council Packet Page Number 77 of 108 J1 Background: Conditional Use Permit Mister Car Wash proposes demolishing the existing commercial restaurant building at 3050 White Bear Avenue and constructing a 4,800-square-foot car wash building on the site. The proposal includes an interior car wash tunnel and exterior self-serve vacuum cleaners. The applicant submitted plans detailing the proposed location and design of the building and a conditional use permit application for consideration. A motor vehicle wash is permitted in the business commercial zoning district with a conditional use permit. In addition, the applicant submitted a lot division/lot line adjustment application (reviewed administratively) to shift a portion of the east property line further east in the site's southeast corner. This change is being proposed to accommodate the vehicular traffic flow and three off-street parking stalls for employees. Mister Car Wash operates a quick-serve express car wash model, and two or three employees are usually on-site at any given time. Hours of operation are typically 7:00 AM – 7:00 PM Monday-Saturday and 8:00 AM – 6:00 PM on Sunday. The site has an oil pipeline and overhead transmission line easements across the property’s north end. To proceed with the project, the applicant must obtain approval from the easement holder and provide documentation to the city. The applicant submitted an encroachment application to Xcel Energy on November 21, 2023. Xcel has indicated that the request can likely proceed, but it is still under review, and final approval is expected to be issued in the coming weeks. Before the city will issue a building permit, the applicant must provide documentation authorizing the proposed project details and overall site design as shown. The documentation must include approval of the proposed building location, parking, site access, utilities, landscape, and stormwater management plan. Design Review Site Plan The proposed building is situated in the middle of the site. Access to the property remains the same, primarily from White Bear Avenue on the west side and secondarily through a public access easement off Woodlynn Avenue to the southeast through the adjacent property. The building is required to be 30 feet from a street right-of-way and between 50 – 100 feet from residential lot lines. The property lines are primarily adjacent to commercial uses; however, the northeast corner of the parcel shares the property line with a residential use. The residential setback minimum is 50 feet and then increased by two feet for each one foot that the building exceeds 25 feet in height. In this case, the building is 35 feet at the tallest portion, requiring the building to be a minimum of 70 feet from the northeast corner. The site plan shows the building to be 48.2 feet from the south property line along Woodlynn Avenue, 66 feet from the west property line along White Bear Avenue, 54 feet from the east property line, and 80.3 feet from the northeast corner (residential use). All building setbacks are achieved. The parking lot is required to be 15 feet from the street right-of-way and 5 feet from all other property lines. Where a parking lot abuts a residential use, the setback is required to be a minimum of 20 feet. The proposed setbacks show all drive aisles and parking areas to be 15 feet from the street right-of-way on the east and south, 5 feet from the north and east, and 22.3 feet from the northeast corner (residential use). All parking setback requirements are achieved. Council Packet Page Number 78 of 108 J1 Building Elevations The proposed building is one story and varies in height between 19-35 feet. The proposed materials include a combination of exterior insulation finish systems (EIFS), concrete masonry units (CMU), stone veneer, metal panels, and metal trim. The building colors are proposed to be blue, gray, white, and brown, with the specific paint colors identified on the elevation drawings. The materials, textures, and colors are attractive and appear to complement the overall site design. Landscaping and Screening The landscape plan identifies six existing significant trees, with two being removed as part of this project. Based on code requirements, the project requires three trees to be replaced. The plan identifies 15 new trees exceeding the replacement requirements. The plan also identifies 61 coniferous and deciduous shrubs, 74 ornamental grasses, and 123 flowering perennials. Overall, the plan meets the city’s landscape requirements. However, the environmental review outlines some required changes to the landscape plan, primarily replacing some proposed types of plantings with better-suited native plants. The updated plan must be submitted before the building permit is issued. Trash Enclosure The applicant has identified a location for the trash enclosure on the south end of the building and submitted elevations that identify the materials and colors. 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. Parking City code does not specify a minimum amount of required off-street parking stalls for a motor vehicle wash but requires stacking space for at least four vehicles entering the car wash. When parking requirements are not identified for a specific use, the code provides that the requirements be based on similar uses. For comparison, a motor fuel station requires four spaces plus three additional spaces for each service stall. The site plan shows up to 25 vehicle stacking spaces for vehicles entering the car wash and has three off-street parking spaces on the site's southeast corner, in addition to the nine vacuum stalls. Parking spaces must be 9.5 feet wide and 18 feet long, and the drive aisle must be 24 feet wide – the applicant’s site plans meet these dimensional requirements. Since the car wash model doesn’t support customers parking on site for extended periods (other than using the vacuums after exiting the car wash), staff is comfortable with the amount of parking provided. Should parking become an issue on-site, there are stacking stalls along the west side of the building that could be striped to accommodate additional off-street parking. Department Comments Building Official – Randy Johnson The proposed building is required to meet the minimum requirements of the Minnesota State Council Packet Page Number 79 of 108 J1 Building Code. Assistant City Engineer – Jon Jarosch The applicant must meet the engineering review requirements dated January 4, 2024. Environmental Planner – Shann Finwall Natural Resources Coordinator – Carole Gernes The applicant must meet the environmental review requirements dated January 4, 2024. Board and Commission Review Community Design Review Board January 16, 2024: The community design review board reviewed this project and unanimously recommended approval. Planning Commission January 16, 2024: The planning commission held a public hearing to review the project and unanimously recommended approval. City Council February 26, 2024: The city council will review this project and make the final decision on the project applications. Citizen Comments Staff surveyed the surrounding property owners within 500 feet of the proposed site. Staff did not receive any comments. Reference Information Site Description Project Area: 0.95 Acres Existing Land Use: Commercial (Restaurant) Surrounding Land Uses North: Commercial East: Commercial South: Commercial West: Commercial Planning Existing Land Use: Commercial Existing Zoning: Business Commercial Council Packet Page Number 80 of 108 J1 Attachments: 1.Conditional Use Permit Resolution 2.Design Review Resolution 3.Overview Map 4.2040 Future Land Use Map 5.Zoning Map 6.Applicant’s Narrative 7.Site and Landscape Plans 8.Building Elevations and Materials 9.Engineering Review, Dated January 4, 2024 10.Environmental Review, Dated January 4, 2024 11.Community Design Review Board Meeting Minutes, Dated January 16, 2024 12.Planning Commission Meeting Minutes, Dated January 16, 2024 Council Packet Page Number 81 of 108 J1, Attachment 1 CONDITIONAL USE PERMITRESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mister Car Wash has requested approval of a conditional use permit. 1.02 The property is located at 3050 White Bear Avenue North and is legally described as: The South 100.00 feet of the North 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota lying Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The South 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, lying Northerly of Woodlyn Avenue and Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The West 181.87 feet of the East 360.0 feet of the South 100.0 feet of the North 1/2 of the Northeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota. AND The West 181.87 feet of the East 360.0 feet of the South 1 /2 of the Northeast Quarter of the Northwest Quarter, Ramsey County, Minnesota lying Northerly of Woodlynn Avenue. PIN: 022922210025 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. Council Packet Page Number 82 of 108 J1, Attachment 1 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. 3.01 The proposal meets the specific conditional use permit standards. Section 4. City Review Process 4.01 The City conducted the following review when considering this conditional use permit request. 1. On January 16, 2024, 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 February 26, 2024, the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff. Section 5. City Council 5.01 The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: 1. All construction shall follow the approved plans. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The applicant must meet all the conditions outlined in the design review resolution for this project. 5. This resolution approves the parking as proposed onsite: (3) off-street parking stalls in the southeast corner of the property, (9) vacuum stalls on the east side of the building, and (25) stacking stalls. Council Packet Page Number 83 of 108 J1, Attachment 1 6.If a parking shortage develops on-site, the city council will require additional parking spaces to be installed. 7.Water from the motor vehicle wash shall not drain onto a public street or access. __________ by the City Council of the City of Maplewood, Minnesota, on February 26, 2024. Council Packet Page Number 84 of 108 J1, Attachment 2 DESIGN REVIEWRESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01 Mister Car Wash has requested design review approval to construct a 4,800-square- foot car wash building on the property. 1.02 The property is located at 3050 White Bear Avenue North and is legally described as: The South 100.00 feet of the North 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota lying Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The South 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, lying Northerly of Woodlyn Avenue and Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The West 181.87 feet of the East 360.0 feet of the South 100.0 feet of the North 1/2 of the Northeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota. AND The West 181.87 feet of the East 360.0 feet of the South 1 /2 of the Northeast Quarter of the Northwest Quarter, Ramsey County, Minnesota lying Northerly of Woodlynn Avenue. PIN: 022922210025 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Sections 2-286(3) and 2-290(b) require the community design review board to hold a public meeting to review the application and make specific findings to approve design plans. The community design review board held a public meeting on January 16, 2024, and recommended that the city council make the following findings to approve the design 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. Council Packet Page Number 85 of 108 J1, Attachment 2 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Section 3. City Council Action. 3.01 The above-described site and design plans are hereby approved based on the findings outlined in Section 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: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Obtain approval of a conditional use permit for a motor vehicle wash. 3.All requirements of the fire marshal, city engineer, and building official must be met. 4.A drainage system shall be installed, subject to the approval of the city engineer. 5.Satisfy the requirements in the city engineering review authored by Jon Jarosch, dated January 4, 2024. 6.Satisfy the requirements in the city environmental review authored by Shann Finwall and Carole Gernes, dated January 4, 2024. 7.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 8.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. 9.This approval does not include signage. All signage must meet the city’s sign ordinance requirements. The applicant must apply for a sign permit before installation of any signs on the site. 10.Before the issuance of a building permit, the applicant shall submit for staff review and 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.The site has an oil pipeline and overhead transmission line easements. The applicant shall provide documentation from the easement holder authorizing the proposed project details and overall site design as shown on the applicant’s plans. The documentation must include approval of the proposed building location, parking, site access, utilities, landscape, and stormwater management plan. Council Packet Page Number 86 of 108 J1, Attachment 2 c.The applicant must submit an updated landscape plan per the recommendations outlined in the environmental review dated January 4, 2024. 11.The applicant shall complete the following before occupying the building: a.Replace any property irons removed because of this construction. b.Provide continuous concrete curbs and gutters 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. 12.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. 13.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 February 26, 2024. Council Packet Page Number 87 of 108 J1, Attachment 3 Council Packet Page Number 88 of 108 J1, Attachment 4 Council Packet Page Number 89 of 108 J1, Attachment 5 Council Packet Page Number 90 of 108 J1, Attachment 6 To:City of MaplewoodPlanning Department Attn: ElizabethHammond From:Christopher Campbell, Senior Project Manager Mister Car Wash Date:November 21, 2023 Subj:Mister Car Wash Maplewood, MN 3050 White Bear Ave Project Narrative CWP West, LLC (Mister Car Wash)is excited to present the enclosed Conditional Use Permit, Site Plan Review, and Preliminary Plat applications to the City of Maplewoodfor review and approval. The development team has been in contact with City Staff to ensure the proposed project will be developed in accordance with the Comprehensive Plan and City Zoning Ordinances. Mister Car Wash is proposing a redevelopment of the existing site located at 3050 White Bear Avenue, Maplewood, MN. The proposed redevelopment site is approximately 0.99acres and will remain under the current Business Commercial (BC)zoning district. After a preliminaryreview with City Staff, the development team understands that a Conditional Use Permit, Site Plan Review as well as a Preliminary and Final Plat will beneeded to allow for a car wash development on the site. The proposed redevelopment will construct an approximately 4,782± square foot conveyor-type, stand-alone express car wash building. Additionally, the site redevelopment is proposed to include construction of new on-site sidewalks, parking, landscaping, utilities, stormwater management, vacuum equipment, signage, and lighting to support the proposed development. The site is accessible from White Bear Avenue and through apublic access easement off Woodlynn Avenue. The existing access points are intendedto remain andallow for functional vehicular circulation throughout the car wash site, while still allowing vehicular traffic to pass- through the site to neighboringbusinesses. With regards to the operations of the Car Wash, it is anticipated that vehicles will enter the drivewayoff White Bear Avenue, the northwestern portion of the site, and continue south towards the point-of-sale canopy where customers are greeted by a Customer Service Attendant. The Mister Car Wash business model is unique in that the majority of customers are Unlimited Wash Club members. UWCmembers have an RFID sticker on their windshield that is automatically scanned as they pull into the designated member lanes. This system efficiently keeps vehicles moving through the site as members are not stopping to pay during each visit ultimately reducingwait times and queuing. Non-subscription customers are assisted by the Customer Service Attendant to select a wash and help to efficiently keep the queue moving forward. Once past the point-of-sale, vehicles are guided into the car wash tunnel. Mister Car Wash operates conveyor tunnels that are designed to wash multiple cars at a time,allowing for a constant stream of customers moving through. Once through the tunnel, customers have the Council Packet Page Number 91 of 108 J1, Attachment 6 choice of continuing to the self-serve vacuum stalls or exiting the site to the northwestor south. In general, this is a quick-serve express car wash, and there are typically two or three employees on-site at any given time. Hours of operation are typically 7AM 7PM (Mon-Sat) and 8AM 6PM on Sunday. The proposed building materials generally consist of CMU, EIFS, Stone Veneer, and Metal Panels. The proposed materials and colors meet City Ordinances and provide a visually appealing and modern appearance. In addition, two taller roof elements are proposed on either end of the building, providing visual cues for customers to the entrance and exit of the tunnel. The proposed grading, stormwater, and underground utilities conform to the requirements set forth by the City of Maplewoodand the State of Minnesota. The Civil Engineering and Landscape Architecture drawings have been included as part of this application. CWP West, LLCbelieve the proposed use as well as site appurtenances will help the City of Maplewoodto revitalize and beautify the site.We look forward to and greatly appreciate your thoughts and considerations. Please contact me at (763)360-8963if you have any questions. Sincerely, Christopher Campbell Senior Project Manager Mister Car Wash ccampbell@mistercarwash.com C)763-360-8963 Council Packet Page Number 92 of 108 J1, Attachment 7 MNMAPLEWOOD BYDATEREVISIONSNo. WWW.KIMLEY-HORN.COM WASH PHONE: 651-645-4197 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 MISTER CAR SITE PLAN © 2023 KIMLEY-HORN AND ASSOCIATES, INC. PREPARED FOR MAPLEWOOD C400 SHEET NUMBER MN 1619 R 0.99 AC 0.99 AC FRONT: 15' ±4,800 SF COMMERCIALCOMMERCIAL12 SPACES SIDE/REAR: 10' BC - BUSINESSBC - BUSINESS 7 SPACES (1 LANE) 1 STALLS / 1 STALLS (9 VACUUM, 3 EMPLOYEE) AREAS PARKING PROPERTY LINESETBACK LINEPROPOSED CURB AND GUTTERPROPOSED CONCRETE PAVEMENTPROPOSED CONCRETE SIDEWALK ZONING SUMMARY PROPERTY SUMMARY BUILDING DATA SUMMARY ACCESSIBLE CURB RAMPACCESSIBLE PARKING SIGNACCESSIBLE PARKING STALLAREA STRIPED WITH 4" SYSL @ 45° 2' O.C.AT 18" O.C. IN BOTH DIRECTIONSVERTICAL CURB (TYP.)TRANSITION CURBTRENCH DRAIN WITH EXIT SIGN PER MISTER CAR WASHVACUUM EQUIPMENT: REF. ARCHITECTURAL PLANSWAYFINDING SIGNAGE (TYP.) POS CANOPY AND EQUIPMENT: REF. ARCHITECTURAL PLANSMATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTERCONCRETE PAVEMENT PER MISTER CARWASH STANDARDS ANDSPECIFICATIONS. REINFORCEMENT TO INCLUDE #3 REBAR SPACEDLANDSCAPE AREAFLUSH CURBROLLED CURBSTANDARDS AND SPECIFICATIONSDIRECTIONAL TRAFFIC ARROW. PER GREENBOOK STANDARDS MAPLEWOOD, MN MISTER CAR WASH NORTH I JL ABCDEFGHKNOP M ADA STALLS REQ'D / PROVIDED PROPOSED PROPERTYBUILDING AREAREQUIRED PARKINGPROPOSED PARKING TOTAL PROPERTY AREA EXISTING ZONINGPROPOSED ZONINGPARKING SETBACKSBUILDING SETBACKSFRONT:30'KEYNOTE LEGEND LEGEND ARE ROUNDED TO THE NEAREST SQUARE FOOT.WORK, INCLUDING BUT NOT LIMITED TO TRAFFIC SIGNS, LIGHT POLES,ABOVEGROUND UTILITIES, ETC. PERFORM WORK IN ACCORDANCE WITHVERIFY SIGN DIMENSIONS, LOCATION AND REQUIRED PERMITS WITH THE OWNER. OF STOOPS, TRUCK DOCKS, TRASH ENCLOSURES & PRECISE BUILDINGDIMENSIONS. REFER TO THE SITE ELECTRICAL PLAN FOR LOCATIONS OF PROPOSEDLIGHT POLES, CONDUITS, AND ELECTRICAL EQUIPMENT.EASEMENTS, PROPERTY BOUNDARY DIMENSIONS, AND ADJACENT RIGHT-OF-WAY &PARCEL INFORMATION.NOTED. DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT, AND AREASRELOCATING EXISTING SITE IMPROVEMENTS THAT CONFLICT WITH THE PROPOSEDGOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORKSPECIFICATIONS. COST SHALL BE INCLUDED IN BASE BID.LENGTH UNLESS OTHERWISE INDICATED.SHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO 4.UNLESS OTHERWISE NOTED, THE CONTRACTOR SHALL BE RESPONSIBLE FOR SITE PLAN NOTES 1.REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS2.REFER TO CERTIFIED SITE SURVEY OR PLAT FOR EXACT LOCATION OF EXISTING3.DIMENSIONS AND RADII ARE DRAWN TO THE FACE OF CURB, UNLESS OTHERWISE5.TYPICAL PARKING STALL DIMENSIONS SHALL BE 9.0-FEET IN WIDTH AND 20-FEET IN6.MONUMENT SIGN(S) ARE DETAILED ON THE ARCHITECTURAL PLANS AND ARE P O B O B ' 0. 81 TRASH ENCLOSURE. COMBINED VACUUM ANDREFERENCE PLANS BYOTHERS FOR DETAILS B ' 5 J . P 9 B J P P PENIL YTREPORP P H KCABTES GNIKRAP '5 H K RECLAIM TANKS, REFERENCEPLANS BY OTHERS P C A B T H E I S L ' JJ 3 L G . G N 2 I 2 K K I G C R A A 24.0' B P J T E F EMPLOYEE STALLS (3) S F L G N2 PROPOSED, 1 EXISTING D L 13.0' B13.0'8.5' ' 3 . 0 8 TRANSFORMER PAD J IKJ 18.0'18.0' IE H P L O C 5.8' D 24.0' K C 5.0' A B E TH GATE ARM. H N E I S L 110.5' OJ YG T N I R K E C C R '0. P 21 A O OOTHERS FOR DETAILS. POREFERENCE PLANS BY R ' 45.3' P5 M J L I KJ K 18.0'16.5' ±4,800 SF CAR WASH 110' TUNNEL P P '0 .81 HC C O '2 .84 H 27.7' 7.8' Woodlynn Ave. L K K I C ' C H 0 JJA A . B 4 B H T 2 T EE E SN SI L G G A NY G IN IT GD K 34.5'R L L I R E U AP BP O ' ' R 05 I 3 1P J HL K CA BT E S G NID LI U B ' 03 OATTENDANT HUT J P KC A BT E S GN IK R AP P'5 1 H E NI L YT PRE P O RP P BB GRADING PLAN FOR DETAILS UNDERGROUND STORMWATER . e v A r a e B e t i h MANAGEMENT SYSTEM, REFERENCE W .cnI ,setaicossA dna nroH-yelmiK ot ytilibail tuohtiw eb llahs .cnI ,setaicossA dna nroH-yelmiK yb noitatpada dna noitazirohtua nettirw tuohtiw tnemucod siht no ecnailer reporpmi dna fo esueR .deraperp saw ti hcihw rof tneilc dna esoprup cificeps eht rof ylno dednetni si ,ecivres fo tnemurtsni na sa ,niereh detneserp sngised dna stpecnoc eht htiw rehtegot ,tnemucod sihT K:\\TWC_LDEV\\mister car wash\\maplewood, mn\\3 Design\\CAD\\plansheets\\C4-SITE PLAN.dwg December 07, 2023 - 2:32pm Council Packet Page Number 93 of 108 J1, Attachment 7 MNMAPLEWOOD BYDATEREVISIONSNo. WWW.KIMLEY-HORN.COM PHONE: 651-645-4197 MISTER CAR WASH 767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114 LANDSCAPE PLAN © 2023 KIMLEY-HORN AND ASSOCIATES, INC. PREPARED FOR L100 MCW MAPLEWOOD SHEET NUMBER R SPACINGSPACING3` O.C.5` O.C.4` O.C.3` O.C.SPACINGSPACING CAL/SIZECAL/SIZECAL/SIZE #5 CONT.#5 CONT.#5 CONT.#5 CONT. CONTAINERCONTAINERCONTAINERCONTAINERCONTAINERCONTAINERCONTAINER APPROXIMATE LIMITS OF SOD / IRRIGATION.SOD ALL DISTURBED AREAS (TYP.)3-6" DIAMETER RIVER ROCK AT MIN, 8" DEEPOVER 6 OX. GEO-TEXTILE FABRIC (TYP.) EXISTING DECIDUOUS TREE (TYP.)EDGER (TYP.) LANDSCAPE LEGEND A COMMON NAMECOMMON NAMECOMMON NAMECOMMON NAMECOMMON NAMEGARDEN GLOW DOGWOODGRO-LOW FRAGRANT SUMACSEM FALSESPIREACOMMON NAMECOMMON NAME DWARF BUSH HONEYSUCKLE EDGER (TYP.)DOUBLE SHREDDED HARDWOOD MULCH (TYP.)ROCK MULCH (TYP.)SOD (TYP.) ABCD LANDSCAPE KEYNOTES BOTANICAL NAMEBOTANICAL NAMEBOTANICAL NAMEBOTANICAL NAMEBOTANICAL NAMEBOTANICAL NAMEBOTANICAL NAME QTYQTYQTYQTYQTYQTYQTY ALS2AMELANCHIER X GRANDIFLORA `AUTUMN BRILLANCE`AUTUMN BRILLANCE SERVICEBERRY CLUMPB & B6` HT.QUC3POPULUS TREMULOIDESQUAKING ASPEN CLUMPB & B6` HT.SGJ14JUNIPERUS CHINENSIS `SEA GREEN`SEA GREEN JUNIPER#5 CONT.5` O.C.SEM5SORBARIA SORBIFOLIA `SEM`ALL18ALLIUM X `MILLENIUM`MILLENIUM ORNAMENTAL ONION#1 CONT.1.5` O.C.SDO7HEMEROCALLIS X `STELLA DE ORO`STELLA DE ORO DAYLILY#1 CONT1` OCWLC12NEPETA X 'WALKER'S LOW'WALKER'S LOW CATMINT#1 CONT.18" O.C. CODEBHS5PICEA GLAUCA `DENSATA`BLACK HILLS SPRUCEB & B6` HT.ERC2JUNIPERUS VIRGINIANAEASTERN RED CEDARB & B6` HT.CODECODEIHL1GLEDITSIA TRIACANTHOS VAR. INERMIS `IMPERIAL`IMPERIAL HONEYLOCUSTB & B2.5" CAL.KCY2GYMNOCLADUS DIOICA `ESPRESSO`ESPRESSO KENTUCKY COFFEETREEB & B2.5" CAL.CODEGOJ8JUNIPERUS VIRGINIANA `GREY OWL`GREY OWL JUNIPER#5 CONT.4` O.C.MDJ7JUNIPERUS SCOPULORUM `MEDORA`MEDORA JUNIPER#5 CONT.4` O.C.CODEBLC6ARONIA MELANOCARPA `IROQUOIS BEAUTY` TMIROQUOIS BEAUTY BLACK CHOKEBERRY#5 CONT.4` O.C.DBH6DIERVILLA LONICERAGGD9CORNUS HESSEI `GARDEN GLOW`GLS6RHUS AROMATICA `GRO-LOW`CODEHMS40PANICUM VIRGATUM 'HEAVY METAL'HEAVY METAL SWITCHGRASS#1 CONT.3` O.C.KFG34CALAMAGROSTIS X ACUTIFLORA `KARL FOERSTER`KARL FOERSTER FEATHER REED GRASS#1 CONT18" O.C.CODEBES38RUDBECKIA FULGIDA `GOLDSTURM`BLACK-EYED SUSAN#1 CONT 12" HT 6" SPR18" O.C.PCF29ECHINACEA PURPUREAPURPLE CONEFLOWER#1 CONT 12" HT 6" SPR18" O.C.PDS19SPOROBOLUS HETEROLEPISPRAIRIE DROPSEED#1 CONT.18" O.C. SEE PLAN PUBLIC VIEW PLANT SCHEDULE CONIFEROUS TREEORNAMENTAL TREEOVERSTORY TREECONIFEROUS SHRUBSDECIDUOUS SHRUBSORNAMENTAL GRASSESPERENNIALS NORTH LANDSCAPE SUMMARY LANDSCAPE REQUIREMENTSSCREENING REQUIRED:PARKING LOT AND LOADING AREAS TO BE SCREENED FROMSCREENING PROVIDED: D C D D A B 3 - PDS 3 - GGD 4 - SGJ 4 - SGJ 7 - SDO5 - HMS4 - ALL5 - BES7 - KFG3 - PDS 6 - GLS4 - WLC4 - ALL4 - BES6 - DBH 5 - HMS 11 - PCF5 - BES 1 - IHL 1 - QUC A D 7 - MDJ 3 - HMS 13 - KFG C C E E D 5 - WLC 3 - ALL C 7 - BES 3 - WLC 3 - SGJ 6 - PCF3 - PCF 6 - BLC 7 - ALL 4 - GGD9 - PDS 3 - HMS 12 - HMS 5 - BES 12 - BES Woodlynn Ave. 2 - GOJ 6 - HMS C 4 - PDS 9 - PCF 5 - SEM D 7 - KFG 3 - GOJC 2 - GGD6 - HMS D D D 2 - ERC D 3 - SGJ 1 - GOJ2 - GOJ 7 - KFG 1 - ALS D D 1 - KCY D 2 - QUC 1 - ALS D 36" CMP PERFORATED PIPE . e v A r a e B e t i h W UNDERGROUND INFILTRATION SYSTEM .cnI ,setaicossA dna nroH-yelmiK ot ytilibail tuohtiw eb llahs .cnI ,setaicossA dna nroH-yelmiK yb noitatpada dna noitazirohtua nettirw tuohtiw tnemucod siht no ecnailer reporpmi dna fo esueR .deraperp saw ti hcihw rof tneilc dna esoprup cificeps eht rof ylno dednetni si ,ecivres fo tnemurtsni na sa ,niereh detneserp sngised dna stpecnoc eht htiw rehtegot ,tnemucod sihT K:\\TWC_LDEV\\mister car wash\\maplewood, mn\\3 Design\\CAD\\plansheets\\L1-LANDSCAPE PLAN.DWG December 07, 2023 - 1:25pm Council Packet Page Number 94 of 108 J1, Attachment 8 Council Packet Page Number 95 of 108 J1, Attachment 8 Council Packet Page Number 96 of 108 J1, Attachment 9 Engineering Plan Review PROJECT: Mister Car Wash 3050 White Bear Avenue PROJECT NO: 23-23 COMMENTS BY: Jon Jarosch, P.E. – Assistant City Engineer DATE: 1-3-2024 PLAN SET: Civil plans dated 12-7-2023 REPORTS: Stormwater Management Report dated 11-21-2023 The applicant is seeking city approval to construct an approximately 4,782 square-foot car wash facility, along with associated site amenities, at 3050 White Bear Avenue. The applicant is requesting a review of the current design. The amount of disturbance on this site is greater than ½ acre and the amount of new or disturbed impervious surfacing exceeds 5,000 square feet. As such, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The site as proposed reduces impervious surfaces by 0.12 acres and meets the City’s stormwater management requirements via the use of an underground infiltration system. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents and calculations for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management 1) A storm water maintenance agreement shall be prepared and signed by the owner for the proposed storm sewer system and best management practices utilized to meet the City’s and Ramsey-Washington Metro Watershed District’s stormwater standards. The Owner shall submit a signed copy of the joint storm-water maintenance agreement with the City and Watershed to the City. 2) The proposed design notes the use of corrugated metal piping in the underground stormwater management system. The City recommends utilizing a different material that isn’t susceptible to premature failure from corrosion often seen in our environment. It is ultimately up to the owner to ensure the system continues to function as intended over the years via the storm water maintenance agreement. Council Packet Page Number 97 of 108 J1, Attachment 9 Grading and Erosion Control 3)All slopes shall be 3H:1V or flatter. 4)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 access drives and parking areas that could potentially receive construction related sediment or debris. 5)Adjacent drives and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 6)All pedestrian facilities shall be ADA compliant. 7)The total grading volume (cut/fill) shall be noted on the plans. 8)A copy of the project SWPPP and NPDES Permit shall be submitted prior to the issuance of a grading permit. Sanitary Sewer and Water Service 9)The applicant shall be responsible for paying any SAC or WAC charges related to the improvements proposed with this project. A SAC determination is required. 10)The owner shall provide the City with an agreement stating that the water reclamation equipment is installed without any cross-connections or bypass features that would allow the system to function without the use of reclaim water. Likewise, said agreement shall include provisions that the owner will provide the City with documentation, at any time upon request, from an independent plumber (at the owner’s expense) to ensure that the reclaim system is being used properly and that no bypass or cross-connections exist between fresh water and reclaim water lines. 11)All modifications to the water system shall be reviewed by Saint Paul regional Water Services. All requirements of SPRWS shall be met. 12)All new sanitary sewer service piping shall be schedule 40 PVC or SDR35. Other 13)A copy of cross-access agreements shall be provided to the City for the access points crossing onto the property to the east. Council Packet Page Number 98 of 108 J1, Attachment 9 14)The project shall be reviewed by Ramsey County. All requirements of Ramsey County shall be met. 15)The plans shall be signed by a civil engineer licensed in the state of Minnesota. 16)The applicant shall provide a self-renewing letter of credit or cash escrow in the amount of 125% of the proposed site improvements including earthwork, grading, erosion control, site vegetation establishment (sod, seed, etc.), aggregate base, and paving. 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. 17)Grading and erosion control permit 18)Storm Sewer Permit 19)Sanitary Sewer Permit -END COMMENTS - Council Packet Page Number 99 of 108 J1, Attachment 10 Environmental Review Project: Mister Car Wash Date of Plans: December 7, 2023 Date of Review: January 4, 2024 Location: 3050 White Bear Avenue Reviewer: Shann Finwall, Environmental Planner 651-249-2304, shann.finwall@maplewoodmn.gov Carole Gernes, Natural Resources Coordinator 651-249-2416, carole.gernes@maplewoodmn.gov Project Background: CWP West, LLC is proposing to redevelop the .99-acre Denny’s Restaurant site at 3050 White Bear Avenue. The applicant must comply with the City’s tree preservation ordinance and landscape policies. Trees 1.Tree Preservation Ordinance: a.Significant Trees: Maplewood’s tree preservation ordinance describes a significant tree as a healthy tree of the following size: hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. b.Specimen Trees: A specimen tree is defined as a healthy tree of any species that is 28 inches in diameter or greater. c.Tree Replacement: If greater than 20 percent of significant trees are removed, tree replacement is based on a calculation of significant trees located on the site and significant trees removed. Credits are given for all specimen trees that are preserved. If less than 20 percent of significant trees are removed, tree replacement is based on a calculation of one 2-caliper inch replacement tree per significant tree removed. d.Tree Replacement: The tree standards require that as many replacement trees be planted on the site as possible. An applicant can pay into the City’s tree fund at a rate of $60 per caliper inch for trees that cannot be planted on site. The City uses the tree fund to manage trees in parks and within the right-of-way. 2.Tree Impacts: There are six significant trees on site for a total of 85 caliper inches. The applicants propose to remove two significant trees for a total of 29 caliper inches (34 percent tree removal). 3.City Code Requirements: City code requires 6 caliper inches of replacement trees on the site (which equals 3 – 2 caliper inch replacement trees). Council Packet Page Number 100 of 108 J1, Attachment 10 4.Proposed Tree Replacement: The landscape plan shows 15 new trees ranging in size from 2 to 2.5 caliper inches, totaling 31.5 caliper inches of replacement trees. This exceeds city code requirements. 5.Tree Recommendations: a.Prior to issuance of a grading permit, the applicant must submit the following: 1)Revised landscape details showing the following tree planting changes: a)Item 2: “Proceed with corrective pruning.” Only dead branches should be pruned the first year. Corrective pruning should be done the second year after planting. b)Item 3: “Install plant so the root flare is at or up to 2” above the finished grade with burlap and wire basket (if used) intact.” This is incorrect and will result in encircling / strangling roots. Replace with: “open top of burlap and remove nursery-added soil with a trowel until the top of the first large lateral root is visible. Set ball into hole so that the top of the root is at soil grade.” c)Root Ball Detail – Double Shredded Hardwood Mulch: Ensure no mulch touches the tree trunk and that the mulch does not create “mulch volcanoes”. 2)Escrow: The applicant must submit a tree escrow in the amount of $60 per caliper inch of trees to be replaced on the site. The escrow will be released once the trees are planted with a one-year warranty. Landscape Policies Review of the overall landscape plan to ensure nonnative and invasive species are avoided, seed mix is appropriate for use in areas proposed, and plantings are climate resilient. Landscaping Recommendations: 1.Prior to issuance of a grading permit, the applicant must submit the following: a)Revised landscape plan with the following changes: 1)Garden Glow Dogwood: Do not plant in full sun. Please note that according to the University of Minnesota web page on this cultivar "The shrub should not be in full sun because the leaves will bleach or burn." 2)Gro-Low Fragrant Sumac: Replace with a native pollinator-benefiting perennial. Gro-Low sumac is not native, collects litter and is difficult to weed around. Replacement recommendations include butterfly weed, Asclepias tuberosa; Leadplant, Amorpha canescens; and Wild Lupin, Lupinus perennis. 3)Semi Falsespirea: Replace with a native pollinator-supporting shrub. This species is listed by the University of Minnesota Extension Services’ "Help Scout for Invasive Species" recruitment guide. Replacement recommendations include Ninebark, Physocarpus opulifolius; New Jersey Tea, Ceanothus americanus; blueberry, Vaccinium ssp; Leadplant, Council Packet Page Number 101 of 108 J1, Attachment 10 Amorpha canescens; or Eastern Wahoo, Euonymus atropurpureus(not winged burning bush). 4)Karl Foerster Feather Reed Grass: Replace with a native substitute. Karl Foerster grass is overused and does not provide any wildlife value. Replacement recommendations include Yellow Prairie Grass (formerly known as Indian Grass), Sorghastrum nutans; Little Bluestem, Schizachyrium scoparium; or Big Bluestem, Andropogon gerardii. 5)Millenium Ornamental Onion: Replace with a native pollinator-supporting species. Replacement recommendations include Allium species such as Prairie Onion, A. stellatum or Nodding Wild Onion, A. cernuum. 6)Black-Eyed Susan: Replace with a non-cultivar. Non-cultivars provide greater benefits to native pollinators. Cultivars often have nectar and pollen bred out of them. 7)Purple Coneflower: Please replace with our only native-to-Minnesota purple coneflower, Narrow-Leaved Coneflower, Echinacea angustifolia. Flowers are similar- it is far less aggressive / self seeding. 8)Walker’s Low Catmint: Replace with a native plant. There are so many native plants that are beneficial to native pollinators to plant in place of catmint, which benefits non-native honeybees that compete with and replace our imperiled native bees. b)Revised landscape details with the following changes: 1.Item 3: “Remove container and score outside of soil mass to redirect and prevent circling fibrous roots remove or correct stem girdling.” Corrective pruning of top should wait until the second year after planting. Only prune dead or damaged branches during year one. 2.Item 19 (Mulch): “Use preen or pre-approved equalizer.” Standard Preen Garden Weed Preventer contains the active ingredient trifluralin, which is harmful to bees. In addition to killing helpful pollinators, trifluralin is also known to be deadly to fish if it enters the water supply. Using cornstarch- based germination preventer at the correct soil temperature in the spring is a safe organic method substitute. Council Packet Page Number 102 of 108 J1, Attachment 11 MINUTES MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 6:00 P.M. Tuesday, January 16, 2024 City Hall, Council Chambers 1830 County Road B East E.NEW BUSINESS 1.Design Review Resolution, Mister Car Wash, 3050 White Bear Avenue North Elizabeth Hammond, Planner, gave the presentation. Chris Campbell, CWP West, LLC, addressed the board and answered questions. o approve a resolution for design review approving a car wash Vice Chairperson Oszman moved t to be constructed at 3050 White Bear Avenue North, subject to conditions of approval. DESIGN REVIEWRESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Mister Car Wash,has requested design review approval to construct a4,800-square-foot car wash building on the property. 1.02The property is located at 3050 White Bear Avenue Northand islegally described as: The South 100.00 feet of the North 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota lying Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The South 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, lying Northerly of Woodlyn Avenue and Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The West 181.87 feet of the East 360.0 feet of the South 100.0 feet of the North 1/2 of the Northeast Quarter of the Northwest Quarter of Section 2,Township 29 North, Range 22 West, Ramsey County, Minnesota. AND The West 181.87 feet of the East 360.0 feet of the South 1 /2 of the Northeast Quarter of the Northwest Quarter, Ramsey County, Minnesota lying Northerly of Woodlynn Avenue. PIN: 022922210025 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review boardmake the following findings to approve plans: Council Packet Page Number 103 of 108 J1, Attachment 11 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 willnot 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 theharmonious, orderly and attractive development contemplated by this article andthe city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide adesirable environment for its occupants, as well as for its neighbors, and that it isaesthetically of good composition, materials, textures and colors. Section 3. Community Design Review BoardAction. 3.01The above-described site and design plans are hereby approved based on the findings outlined in Section 2of 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.Obtain approval of a conditional use permit for a motor vehicle wash. 3.All requirements of the fire marshal, city engineer, and building official must be met. 4.A drainage system shall be installed, subject to the approval of the city engineer. 5.Satisfy the requirements in the city engineering review authored by Jon Jarosch, dated January 4, 2024. 6.Satisfy the requirementsin the city environmental review authored by Shann Finwall and Carole Gernes, dated January 4, 2024. 7.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 8.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. 9.This approval does not include signage. All signage must meet the city’s sign ordinance requirements. The applicant must apply for asign permit before installation of any signs on the site. 10.Before the issuance of a building permit, the applicant shall submit for staff review and approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letterof credit for all required exterior improvements. The amount shall be 150percent of the cost of the work. Council Packet Page Number 104 of 108 J1, Attachment 11 b.The site has an oil pipeline and overhead transmission line easements. The applicant shall provide documentationfrom theeasement holder authorizing the proposed project details and overall site design as shown. The documentation must includeapproval of the proposed building location, parking, site access, utilities,landscape, and stormwater management plan. c.The applicant must submit an updated landscape plan per the recommendations outlined in the environmental review dated January 4, 2024. 11.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 andan in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 12.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. 13.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by BoardmemberShankar Ayes – All The motion passed. This item will go to the city council on February 26, 2024 Council Packet Page Number 105 of 108 J1, Attachment 12 MINUTES MAPLEWOOD PLANNING COMMISSION 7:00 P.M. Tuesday, January 16, 2024 City Hall, Council Chambers 1830 County Road B East PUBLIC HEARING Conditional Use Permit Resolution,Mister Car Wash, 3050 White BearAvenue North Elizabeth Hammond, Planner, gave the presentation. Chairperson Desaiopened the public hearing. Chris Campbell, CWP West, LLC, addressed the commission and answered questions.There were no additional individuals who spoke the project. Chairperson Desaiclosed the public hearing. CommissionerOszman moved to approve a resolution for a conditional use permit approving a car wash to be constructed at 3050 White Bear Avenue North, subject to conditions of approval. CONDITIONAL USE PERMIT RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01Mister Car Wash has requested approval of a conditional use permit. 1.02Theproperty is located at 3050 White Bear Avenue Northand islegally described as: The South 100.00 feet of the North 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota lying Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The South 1/2 of the Northeast 1/4 of Northwest 1/4, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota, lying Northerly of Woodlyn Avenue and Easterly of White Bear Avenue, except the East 360.0 feet thereof, AND The West 181.87 feet of the East 360.0 feet of the South 100.0 feet of the North 1/2 of the Northeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 West, Ramsey County, Minnesota. AND The West 181.87 feet of the East 360.0 feet of the South 1 /2 of the Northeast Quarter of the Northwest Quarter, Ramsey County, Minnesota lying Northerly of Woodlynn Avenue. PIN: 022922210025 Section 2. Standards. Council Packet Page Number 106 of 108 J1, Attachment 12 2.01General 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. 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 adverseenvironmental 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 January 16, 2024, 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. 2.On February 26, 2024,the city council discussed this resolution. They considered reports and recommendations from the planning commission and city staff.The Planning Commission recommended that the City Council approvethis resolution. Section 5.City Council 5.01The city council hereby _______ the resolution. Approval is based on the findings outlined in section 3 of this resolution. Approval is subject to the following conditions: Council Packet Page Number 107 of 108 J1, Attachment 12 1.All construction shall follow the approved plans. The planning staffmay approve minor changes. 2.The proposed construction must be substantially started within one year ofcouncil approval or the permit shall become null and void. 3.The city council shall review this permit in one year. 4.The applicantmust meet all of the required conditions outlined in the design review resolution. 5.This resolution approves the parking as proposed onsite: (3) off-street parking stalls in the southeast corner of the property, (9) vacuum stalls on the east side of the building, and (25) stacking stalls. 6.If a parking shortage develops on-site, the city council will require additional parking spaces to be installed. 7.Water from the motor vehicle wash shall not drain onto a public street or access. Seconded by CommissionerIgeAyes – All The motion passed. This item will go to the city council on February 26, 2024 Council Packet Page Number 108 of 108