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Home My WebLink About2010 07-12 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,July 12,2010 City Hall, Council Chambers Meeting No. 15-10 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C.ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OFMINUTES 1.Approval of June 28, 2010, City Council Workshop Minutes 2.Approval of June 28, 2010, City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Swearing In Ceremony for New Firefighters Jamie Karras, Joseph Kerska, Raymond Crawford, Charley Arksey and Alex Onsomu CONSENT AGENDA – G.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.Approval of Resolution Certifying Election Judges for the August 10, 2010, State Primary Electionand Special Municipal Election 3.Approval of Temporary Gambling Permit – Good Samaritan Society 4.Approval of Temporary Gambling Permit – Maplewood Oakdale Lions 5.Approval of Resolution Approving Donation of Memorial Pins 6.Approval of Castle Avenue Improvements, Project 08-12, Resolution Approving Final Payment and Acceptance of Project 7.Recommend Approval of Contract with SEH Inc. to Complete the Goodrich Park Master Plan H.PUBLIC HEARINGS I.UNFINISHED BUSINESS 1.Sign Ordinance Amendment – Political Campaign Signs (Second Reading) J.NEW BUSINESS 1.Consideration of Neighborhood Stop Sign Requests 2.Off-Sale Intoxicating Liquor License New Store Manager – Robert Alden Spooner, Cub Discount Liquor 3.Human Rights Commission Ordinance – (First Reading) 4.Livable Communities Demonstration Account (LCDA) Grant for the Gladstone Neighborhood Master Plan (Phase I) – Resolution Identifying the Need for LCDA Funding and Authorizing an Application for Grant Funds 5.The Shores at Lake Phalen –Planned Unit Development, Wetland Buffer Variance, Lot Division and Design Review, 940 Frost Avenue 6.Century Trails Apartments – LandscapePlan Revision, Benet Road and Monastery Way K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS N.COUNCIL PRESENTATIONS O.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 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some 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: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS 1.Discussion on Creation of Human Relations Commission and Adoption of Ordinance Proposal 2.Review of 2011Budget a.Presentation on 2011 Police Department Budget b.Presentation on 2011 Fire Department Budget PacketPageNumber3of183 c.Presentation on 2011 Citizen Services Department Budget E.NEW BUSINESS F. ADJOURNMENT PacketPageNumber4of183 Agenda item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday,June 28, 2010 Council Chambers, City Hall Meeting No. 14-10 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:07 p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present Julie Wasiluk, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda by the city council. N1.National Night Out – Councilmember Juenemann N2.League of Minnesota Cities Conference – Councilmember Nephew CouncilmemberNephewmoved to approve the agenda as amended. Seconded by Councilmember Llanas. Ayes – All The motion passed. E. APPROVAL OF MINUTES Approval of the June 7, 2010, City Council Workshop Minutes (Closed Session). CouncilmemberNephewmoved to approve the June 7, 2010, City Council Workshop Minutes (Closed Session) as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. Approval of the June 7, 2010, City Council Workshop Minutes. Councilmember Nephewmoved to approve the June 7, 2010, City Council Workshop Minutes as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. June 28, 2010 PacketPageNumber5of183 1 City Council MeetingMinutes Approval of the June 14, 2010, Council Manager Workshop Minutes Councilmember Nephewmoved to approve the June 14, 2010, City Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. Approval of the June 14, 2010, City Council Meeting Minutes Mayor Rossbach had a correction on page 12, item 3. a. the motion should be seconded by Councilmember Wasiluknot Councilmember Juenemann. Councilmember Nephew had emailed the following changes to the June 14, 2010, City Council Meeting Minutesto the city clerk: 1.On page 5, item 5, it should say iMac PowerPC G5 not 65. 2.On page 6 of the minutes,item 6,it should say Whereas it isnownecessary not no necessary. 3.On page 9 of the minutes, under Ordinance No. 903, it should read (Article VII) not (Article) VII moving the )over. 4.On page 12 of the minutes, above item 3, it should say assume the rolenot assume the roll. CouncilmemberNephewmoved to approve the June 14, 2010, City Council Meeting Minutes as amended. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1.Promotion of Sergeant Michael Nye a.Maplewood Police Chief, Dave Thomalla gave the introduction and recognized the promotion of Sergeant Michael Nye. G. CONSENT AGENDA 1.Councilmember Juenemannmoved to approve items 1-12. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 1. Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. June 28, 2010 PacketPageNumber6of183 2 City Council MeetingMinutes ACCOUNTS PAYABLE: $ 148,575.73 Checks #81523thru #81575 Dated 06/04/10 thru 06/15/10 $ 162,552.91Disbursements via debits to checking account Dated 06/04/10 thru 06/11/10 $ 257,067.49Checks # 81576thru # 81630 Dated 06/10/10 thru 06/22/10 $ 309,408.04Disbursements via debits to checking account Dated 06/11/10 thru 06/18/10 __________________ $ 877,604.17Total Accounts Payable PAYROLL $ 497,046.29Payroll Checks and Direct Deposits dated 06/11/10 $ 2,800.75Payroll Deduction check #1009080thru #1009082 Dated 06/11/10 ___________________ $ 499,847.04Total Payroll GRAND TOTAL $ 1,377,451.21 Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 2.Approval of Miscellaneous Permits Ramsey County Fair Councilmember Juenemannmoved toapprove the permits to be waived for the Ramsey County Fair for July 14 – July18, 2010. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 3.Approval of Resolution Authorizing Purchase of Insurance Agent Services Councilmember Juenemann moved toapprove the resolution to retain Arthur J. Gallagher and Companyas the insurance agent at a cost of $12,000. Councilmember Juenemann introduced the following resolution and moved its adoption: RESOLUTION 10-06-416 BE IT RESOLVED THAT Arthur J. Gallagher and Company be re-appointed as the broker of record and insurance agent at a cost of $12,000 for the insurance year starting July 1, 2010 and continuing through June 30, 2011. June 28, 2010 PacketPageNumber7of183 3 City Council MeetingMinutes The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Wasilukand upon vote being taken thereon, the following voted in favor ALL and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF RAMSEY) SS CITY OF MAPLEWOOD ) I, the undersigned, being the duly qualified and appointed Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of 28th day of June2010 minutes of a regular meeting of the City of Maplewood, held on the , with the original on file inmy office, and the same is a full, true and complete transcript therefrom insofar as the same relates to the Reappointment of Arthur J. Gallagher and Company as the broker of record and insurance agent for the City of Maplewood starting July 1, 2010 through June 30, 2011. 28thday of June2010. WITNESS my hand this ________________________________ Karen Guilfoile - City Clerk City of Maplewood, Minnesota Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 4.Resolution Establishing Depository Services Account for Trans Medic Ambulance Billing Activity Councilmember Juenemannmoved toapprove the resolution establishing depository services account for trans medic ambulance billing activity. RESOLUTION 10-06-418 DEPOSITORY SERVICES RESOLUTION FOR GOVERNMENTAL ENTITIES DEPOSITOR NAME:City of Maplewood CONTACT: Gayle Bauman ADDRESS:1830 County Road B East Maplewood, MN 55109 TAX IDENTIFICATION NUMBER: 41-6008920 Karen GuilfoileCity Clerk I, do hereby certify that I am the of the above-named governmental CityMinnesota entity (therein called the “Depositor”) aexisting under the laws of the State of June 28, 2010 PacketPageNumber8of183 4 City Council MeetingMinutes and that the following is a true, complete and correct copy of resolutions adopted at a meeting of th 28June10 the Depositor duly and properly called and held on thedayof , 20; that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED , that U.S. Bank National Association is hereby designatedas a depository of the Depositor with authority to accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorse; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED , that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use of facsimile or mechanical signature or otherwise authorized, by any one of the individual listed in the section entitled “Authorized Signers”, and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person for application, or which are actually applied to the payment of any such indebtedness awing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the depositor from time to time. RESOLVEDCity Clerk , that the hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) of the Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately certify to the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall befully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss ordamage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature may have been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. RESOLVED , That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED , That any and all transactions by or on behalf of the Depositor with the Bank [prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers of the Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or act on behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled “Authorized Signers”. I further certify, under penalties of perjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup June 28, 2010 PacketPageNumber9of183 5 City Council MeetingMinutes withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. Account Number: ______________________________ Authorized Signers NameTitleSignatures Will RossbachMayor James W. AntonenCity Manager Gayle BaumanFinance Manager __________________________________________ __________________________________________ IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this 28thJune10. day of , 20 ____________________________________ __________________________________________ (Certifying Officer) (Title) ____________________________________ __________________________________________ (Attest by one other officer) (Title) Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 5.Resolution Authorizing the Sale of 2010B Bonds CouncilmemberJuenemann moved toapprove the resolution authorizing the sale of the 2010B Bonds. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL CITY OF MAPLEWOOD, MINNESOTA HELD: June 28, 2010 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly called and held at the City Hall on June 28, 2010, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and sale of $4,050,000 General Obligation Refunding Bonds, Series 2010B. The following members were present: ALL and the following were absent: NONE Member Juenemann introduced the following resolution and moved its adoption: RESOLUTION 10-06-417 PROVIDING FOR THE ISSUANCE AND SALE OF $4,050,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2010B AND PLEDGING TAX INCREMENTS, NET REVENUES AND SPECIAL ASSESSMENTS FOR THE PAYMENT THEREOF June 28, 2010 PacketPageNumber10of183 6 City Council MeetingMinutes A.WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City") has heretofore created Development District No. 1 ("Development District No. 1") pursuant to the provisions of Minnesota Statutes, Sections 469.124 through 469.134, and has approved a development program (the "Program") with respect to Development District No. 1; has also approved tax increment financing plans (the "Plans"), and designated Housing Districts No. 1-1, 1-2 and 1-3 housing districts (collectively, the "Tax Increment District") under the provisions of Minnesota Statutes, Section 469.174 through 469.179; and B.WHEREAS, tax increments derived from the Tax Increment District are referred to herein as the "Tax Increments"; and C.WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the City's $5,185,000 original principal amount of General Obligation Tax Increment Refunding Bonds, Series 2002C, dated December 1, 2002 (the "Prior Tax Increment Bonds"), which mature on and after February 1, 2012; and D.WHEREAS, $1,370,000 aggregate principal amount of the Prior Tax Increment Bonds which matures on and after February 1, 2012 (the "Refunded Tax Increment Bonds"), is callable on February 1, 2011 (the "Call Date"), at a price of par plus accrued interest, as provided in the resolution adopted on November 7, 2002, authorizing the issuance of the Prior Tax Increment Bonds (the "Prior Tax Increment Resolution"); and E.WHEREAS, the City owns and operates amunicipal sanitary sewer system (the "System") as a separate revenue producing public utility, and there are outstanding $1,490,000 original principal amount of General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003 (the "Prior Sewer Bonds"), which mature on and after February 1, 2012; and F.WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide moneys for a crossover refunding of the $750,000 aggregate principal amount of the Prior Sewer Bonds which matures on and after February 1, 2012 (the "Refunded Sewer Bonds"), is callable on February 1, 2011 (the "Call Date"), at a price of par plus accrued interest, as provided in the resolution adopted on July 10, 2003, authorizing the issuance of the Prior Sewer Bonds (the "Prior Sewer Resolution"); and G.WHEREAS, the City hereby determines and declares that it is necessary and expedient to provide money for a crossover refunding of the City's $3,650,000 original principal amount of General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003 (the "Prior Improvement Bonds") which mature on and after February 1, 2012; and H.WHEREAS, $1,880,000 aggregate principal amount of the Prior Improvement Bonds which matures on and after February 1, 2012 (the "Refunded Improvement Bonds"), is callable on February 1, 2011 (the "Call Date") at a price of par plus accrued interest, as provided in the resolution adopted on July 10, 2003, authorizing the issuance of the Prior Improvement Bonds (the "Prior Improvement Resolution"); and I.WHEREAS, the Prior Tax Increment Bonds, Prior Sewer Bonds and Prior Improvement Bonds may hereinafter be referred to as the "Prior Bonds"; and J. WHEREAS, the Refunded Tax Increment Bonds, Refunded Sewer Bonds and Refunded Improvement Bonds may hereinafter be referred to as the "Refunded Bonds"; and K.WHEREAS, the refunding of the Refunded Bonds is consistent with covenants made with the holders thereof, and is necessary and desirable for the reduction of debt service cost to the City; and L.WHEREAS, in accordance with the Resolution Approving the Issuance of General Obligation Refunding Bonds, Series 2010B, adopted by the City Council on April 12, 2010, the City June 28, 2010 PacketPageNumber11of183 7 City Council MeetingMinutes Council hereby determines and declares that it is necessary and expedient to issue $4,050,000 General Obligation Refunding Bonds, Series 2010B (the "Bonds" or individually, a "Bond"), pursuant to Minnesota Statutes, Chapter 475, to provide moneys for a crossover refunding of the Refunded Bonds; and M.WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood, Minnesota, as follows: 1.Acceptance of Proposal. The proposal of Cronin & Company, Incorporated (the “Purchaser”) to purchase the bonds, in accordance with the Terms of Proposal established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefore the sum of $4,102,035.85, plus interest accrued to settlement, is hereby ratified, confirmed and accepted and the Bonds are hereby awarded to the Purchaser. 2.Bond Terms. (a) Original Issue Date; Denominations; Maturities. The Bonds shall be dated as of the date of delivery, as the date of original issue, shall be issued forthwith on or after such date in fully registered form, shall be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations") and shall mature on February 1 in the years and amounts as follows: YearAmount 2012$670,000 2013660,000 2014690,000 2015710,000 2016330,000 2017330,000 2018335,000 2019325,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Allocation. The aggregate principal amount of $1,390,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Tax Increment Bonds (the "Tax Increment Refunding Portion"); and the aggregate principal amount of $760,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Sewer Bonds (the "System Refunding Portion"); and the aggregate principal amount of $1,900,000 maturing in each of the years and amounts hereinafter set forth are issued to refund the Prior Improvement Bonds (the "Improvement Refunding Portion"): June 28, 2010 PacketPageNumber12of183 8 City Council MeetingMinutes Tax Increment System Refunding Improvement YearRefunding PortionPortionRefunding PortionTotal Amount (Amount) (Amount) (Amount) 2012$315,000$90,000$265,000$670,000 2013335,00090,000235,000660,000 2014360,00095,000235,000690,000 2015380,00095,000235,000710,000 201695,000235,000330,000 2017100,000230,000330,000 2018100,000235,000335,000 201995,000230,000325,000 If the Bonds are prepaid, the prepayments shall be allocated to the portions of debt service (and hence allocated to the payment of Bonds treated as relating to a particular portion of debt service) as provided in this paragraph. If the source of prepayment moneys is the general fund of the City, or other generally available source, the prepayment may be allocated to any of the portions of debt service in such amounts as the City shall determine. If the source of the prepayment is special assessments pledged to the Prior Improvement Bonds, the prepayment shall be allocated to the Improvement Refunding Portion of debt service. If the source of prepayment is special assessments pledged to the Prior Sewer Bonds, the prepayment shall be allocated to the System Refunding Portion. If the source of prepayment is excess net revenues of the System pledged to the Prior Sewer Bonds, the prepayment shall be allocated to the System Refunding Portion of debt service. If the source of prepayment is Tax Increments pledged to the Prior Tax Increment Bonds, the prepayment shall be allocated to the Tax Increment Refunding Portion of debt service. (a) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the June 28, 2010 PacketPageNumber13of183 9 City Council MeetingMinutes Registered Holder of any Bonds (the "Holder"). For purposes of securing thevote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be affectedby procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or theBond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. June 28, 2010 PacketPageNumber14of183 10 City Council MeetingMinutes (b) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (c) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution,the provisions in the Letter of Representations shall control. 3.Purpose; Refunding Findings. The Bonds shall provide funds for a crossover refunding of the Refunded Bonds (the "Refunding"). It is hereby found, determined and declared that the Refunding is pursuant to Minnesota Statutes, Section 475.67, Subdivision 13, and as of the crossover date of the Bonds, shall result in a reduction of the present value of the dollar amount of the debt service to the City from a total dollar amount of $5,747,053.76 for the Prior Bonds to a total dollar amount of $5,588,831.26 for the Bonds, computed in accordance with the provisions of Minnesota Statutes, Section 475.67, Subdivision 12 and that the savings test required by Minnesota Statutes, Section 475.67, subdivision 12 is met for each series of Refunded Bonds refunded by the Bonds. 4.Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2011, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity YearInterest Rate 20122.00% 20132.00 20142.00 20152.00 20162.50 20173.00 20183.25 20193.25 June 28, 2010 PacketPageNumber15of183 11 City Council MeetingMinutes 5.No Optional Redemption. The Bonds are not subject to optional redemption and prepayment. 6.Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "BondRegistrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 7.Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA RAMSEY COUNTY CITY OF MAPLEWOOD R-_________$_________ GENERAL OBLIGATION REFUNDING BOND, SERIES 2010B Interest RateMaturity DateDate of Original IssueCUSIP February 1, July 8, 2010 REGISTERED OWNER:CEDE & CO. PRINCIPAL AMOUNT: The City of Maplewood, Ramsey County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, without option of prior redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing February 1, 2011, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota(the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be June 28, 2010 PacketPageNumber16of183 12 City Council MeetingMinutes required for payment of the redemption price upon a partial redemption of this Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $4,050,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on June 28, 2010 (the "Resolution"), for the purpose of providing funds sufficient for a crossover refunding on February 1, 2011, of the Issuer's (i) General Obligation Tax Increment Refunding Bonds, Series 2002Cdated December 1, 2002, which mature on and after February 1, 2012; (ii) General Obligation Improvement Bonds, Series 2003A, dated August 1, 2003, which mature on and after February 1, 2012; and (iii) General Obligation Sewer Revenue Bonds, Series 2003B, dated August 1, 2003, which mature on and after February 1, 2012. This Bond is payable out of the Escrow Account and the Debt Service Account established by the City pursuant to the Resolution. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax- exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all otherdebts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Maplewood, Ramsey County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Clerk, the corporate seal of the Issuer having been intentionally omitted as permitted by law. June 28, 2010 PacketPageNumber17of183 13 City Council MeetingMinutes Date of Registration:Registrable by:U.S. BANK NATIONAL ASSOCIATION ________________________ Payable at:U.S. BANK NATIONAL ASSOCIATION BOND REGISTRAR'S CERTIFICATE OF CITY OF MAPLEWOOD, AUTHENTICATION RAMSEY COUNTY, MINNESOTA This Bond is one of the Bonds described in the Resolution mentioned within. /s/ Facsimile Mayor U.S. Bank National Association St. Paul, Minnesota Bond Registrar /s/ Facsimile Clerk By____________________ Authorized Signature ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _____________ as custodian for _____________ (Cust) (Minor) under the _____________________ Uniform Transfersto Minors Act (State) Additional abbreviations may also be used though not in the above list. ___________________________________ ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ________ the within Bond and does hereby irrevocably constitute and appoint ________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:__________ _____________________________________________________ Notice:The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). June 28, 2010 PacketPageNumber18of183 14 City Council MeetingMinutes The Bond Registrar will not affecttransfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ 8.Execution; Temporary Bonds . The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Clerk and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9.Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of the date of delivery. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10.Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the BondRegistrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office ofthe Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. June 28, 2010 PacketPageNumber19of183 15 City Council MeetingMinutes The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations ofthe City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Clerk is hereby authorized to negotiate and execute the terms of said agreement. 11.Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12.Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and atthe address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13.Treatment of Registered Owner . The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14.Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser uponreceipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15.Fund and Accounts. There is hereby created a special fund designated the General Obligation Refunding Bonds, Series 2010B Fund (the "Fund"), to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Operation and Maintenance Account heretofore established by the City for the System shall continue to be maintained in the manner heretofore provided by the City. All moneys remaining after paying or providing for the items set forth in the resolution establishing the Operation and Maintenance Account shall constitute or arereferred to as "net revenues". There shall be maintained in the Fund the following separate accounts to which shall be credited and debited all income and disbursements of the System as hereinafter set forth. The Administrator and all officials and employees of the City concerned therewith shall establish and maintain financial records of the receipts and disbursements of the System in accordance with this resolution. The fund shall be maintained in the manner herein specified until all of the Bonds andthe interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Escrow Account. The Escrow Account shall be maintained as an escrow account with U.S. Bank National Association (the "Escrow Agent"), in St. Paul, Minnesota, which is a suitable financial institution within or without the State. All proceeds of the sale of the Bonds shall be received by the Escrow Agent and applied to fund the Escrow Account or to pay costs of issuing the Bonds. Proceeds of the Bonds less proceeds used to pay costs of issuance and any proceeds returned to the City, are hereby irrevocably pledged and appropriated to the Escrow Account, together with all investment earnings thereon. The Escrow Account shall be invested in securities maturing or callable at the option of the holder on such dates and bearing interest at such rates as shall be required to provide sufficient funds, together with any cash or other funds retained in the Escrow Account, (i) to pay when due the June 28, 2010 PacketPageNumber20of183 16 City Council MeetingMinutes interest to accrue on the Bonds to and including the Call Date; and (ii) to pay when called for redemption on the Call Date, the principal amount of the Refunded Bonds. The Escrow Account shall be irrevocably appropriated to the payment of (i) all interest on the Bonds to and including the Call Date, and (ii) the principal of the Refunded Bonds due by reason of their call for redemption on the Call Date. The moneys in the Escrow Account shall be used solely for the purposes herein set forth and for no other purpose, except that any surplus in the Escrow Account may be remitted to the City, all in accordance with an agreement (the "Escrow Agreement") by and between the City and Escrow Agent, a form of which agreement is on file in the office of the Clerk. Any moneys remitted to the City pursuant to the Escrow Agreement shall be deposited in the Debt Service Account. (b) Debt Service Account. There shall be maintained the following separate subaccounts in the Debt Service Account to be designated the "Sewer System Debt Service Subaccount, the "Improvement Debt Service Subaccount" and the "Tax Increment Debt Service Subaccount". There are hereby irrevocably appropriated and pledged to, and there shall be credited to the separate subaccounts of the Debt Service Account: (i) Sewer System Debt Service Subaccount. To the Sewer System Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) the net revenues of the Sewer System not otherwise pledged and applied to the payment of other obligations of the City, in an amount, together with other funds which may herein or hereafter from time to time be irrevocably appropriated to the account sufficient to meet the requirements of Minnesota Statutes, Section 475.61 for the paymentof the principal and interest of the System Refunding Portion of the Bonds; (2) after the Call Date, all uncollected special assessments pledged to the payment of the Prior Sewer Bonds; (3) any collections of all taxes which may hereafter be levied in theevent the net revenues of the Sewer System, the special assessments and other funds herein pledged to the payment of the principal and interest on the System Refunding Portion of the Bonds are insufficient therefor; (4) any balance remaining after the Call Date in the Debt Service Account of the General Obligation Sewer Revenue Bonds, Series 2003B Debt Service Account heretofore created by the Prior Sewer Resolution for the Prior Sewer Bonds; (5) all investment earnings on funds in the Sewer System Debt Service Subaccount; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Sewer System Debt Service Subaccount. The amount of any surplus remaining in the Sewer System Debt Service Subaccount when the System Refunding Portion of the Bonds are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. (ii) Tax Increment Debt Service Subaccount. To the Tax Increment Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) Tax Increments in an amount which together with other revenues herein pledged to the payment thereof, are sufficient to pay the principal of and interest to become due on the Tax Increment RefundingPortion of the Bonds; (2) a proportionate share of any accrued interest received upon delivery of the Bonds; (3) any collections of all taxes herein or hereafter levied in the event the Tax Increments and other funds herein pledged to the payment of the principal and interest on the Tax Increment Refunding Portion of the Bonds are insufficient therefor; (4) any balance remaining after the Call Date in the Debt Service Account of the General Obligation Tax Increment Bonds, Series 2002C Debt Service Account heretofore created by the Prior Tax Increment Resolution for the Prior Tax Increment Bonds; (5) all investment earnings on funds in the Tax Increment Debt Service Subaccount; and (6) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Tax Increment Debt Service Subaccount. The amount of any surplus remaining in the Tax Increment Debt Service Subaccount when the Tax Increment Refunding Portion of the Bonds are paid shall be used consistent withMinnesota Statutes, Section 475.61, Subdivision 4. (iii) Improvement Debt Service Subaccount. To the Improvement Debt Service Subaccount there is hereby pledged and irrevocably appropriated and there shall be credited: (1) June 28, 2010 PacketPageNumber21of183 17 City Council MeetingMinutes after the Call Date, all uncollected special assessments pledged to the payment of the Prior Improvement Bonds; (2) a proportionate share of any accrued interest received upon delivery of the Bonds; (3) any collections of all taxes heretofore or hereafter levied for the payment of the PriorImprovement Bonds and interest thereon which are not needed to pay the Prior Improvement Bonds as a result of the Refunding; (4) all investment earnings on funds in the Improvement Debt Service Subaccount; and (5) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Improvement Debt Service Subaccount. The amount of any surplus remaining in the Improvement Debt Service Subaccount when the Improvement Refunding Portion of the Bonds and interestthereon are paid shall be used consistent with Minnesota Statutes, Section 475.61, Subdivision 4. The moneys in the Improvement Debt Service Subaccount shall be used solely to pay the principal of and interest on the Improvement Refunding Portion of the Bonds or any other bonds hereafter issued and made payable from the Fund. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (a) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued, and (b) in addition to the above, in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Fund (or any other City account which will be used to pay principal and interest to become due on the Bonds) in excess of amounts whichunder the applicable federal arbitrage regulations may be invested without regard as to yield shall not be invested in excess of the applicable yield restrictions imposed by the arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. In addition, the proceeds of the Bonds and money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the federal Internal Revenue Code of 1986, as amended (the "Code"). 16.Covenants Relating to the Tax Increment Refunding Portion of the Bonds. (a) Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Tax Increment Refunding Portion of the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax LevyYears of Tax CollectionAmounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of any other revenues herein pledged for the payment of the Tax Increment Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Tax Increment Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Tax Increment Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Tax Increment Bonds, the taxes levied in the Prior Tax Increment Resolution authorizing the issuance of the Prior Tax Increment Bonds for the years 20__ to 20__ shall be canceled. (a) Tax Increments. The City hereby pledges and appropriates the Tax Increments to the Tax Increment Debt Service Subaccount, which pledge and appropriation shall continue until the Tax June 28, 2010 PacketPageNumber22of183 18 City Council MeetingMinutes Increment Refunding Portion of the Bonds and any additional bonds payable from the Tax Increment Debt Service Subaccount are paid or discharged. (b) Reservation of Rights. Notwithstanding any provisions herein to the contrary, the City reserves the right to terminate, reduce, or apply to other lawful purposes the Tax Increments herein pledged to the payment of the Tax Increment Refunding Portionof the Bonds and interest thereon to the extent and in the manner permitted by law. (c) General Obligation Pledge . For the prompt and full payment of the principal of and interest on the Tax Increment Refunding Portion of the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Escrow Account or Tax Increment Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Bonds payable therefrom, the deficiency shall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Escrow Account or Tax Increment Debt Service Subaccount when a sufficient balance is available therein. 17.Covenants Relating to the System Refunding Portion of the Bonds. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior Sewer Resolution, which were pledged to the payment of the principal and interest on the Prior Sewer Bonds and, after the Call Date the uncollected special assessments for the Prior Sewer Bonds are now pledged to the payment of principal and interest on the System Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together with estimated collections of taxes herein pledged for the payment of the System Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed tomeet when due the principal and interest payments on the System Refunding Portion of the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with interest on the declining balance of all such assessments at the rate shown opposite such years: Improvement DesignationsAmountsInterest RateCollection Years See attached schedules (a) Sufficiency of Net Revenues; Coverage Test. It is hereby found, determined and declared that the net revenues of the Sewer System are sufficient to pay, together with special assessments and other sums pledged to the payment of the Outstanding Sewer Bonds, one hundred five percent of the principal of and interest on the System Refunding Portion of the Bonds and the net revenues of the System are hereby pledged on a parity lien with the Outstanding Sewer Bonds to the payment of the System Refunding Portion of the Bonds, but solely to the extent required to meet, together with other pledged sums, the principal and interest requirements of the System Refunding Portion of the Bonds. Nothing contained herein shall be deemed to preclude the City from making further pledges and appropriations of the net revenues of the System for the payment of other or additional obligations of the City, provided that it has first been determined by the City Council that the estimated net revenues of the System will be sufficient in addition to all other sources, for the payment of the System Refunding Portion of the Bonds and such additional obligations and any such pledge and appropriation of the net revenues may be made superior or subordinate to, or on a parity with the pledge and appropriation herein. (b) Covenant to Maintain Rates and Charges. In accordance with Minnesota Statutes, Section 444.075, the City hereby covenants and agrees with the Holders of the System Refunding Portion of the Bonds that it will impose and collect charges for the service, use, availability and connection to the System at the times and in the amounts required to produce net revenues adequate to pay all principal and interest when due on the System Refunding Portion of the Bonds. June 28, 2010 PacketPageNumber23of183 19 City Council MeetingMinutes (c) Excess Net Revenues. Net revenues in excess of those required for the foregoingmay be used for any proper purpose. (d) General Obligation Pledge . For the prompt and full payment of the principal of and interest on the System Refunding Portion of the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Sewer System Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the System Refunding Portion of the Bonds payable therefrom, the deficiencyshall be promptly paid out of any other accounts of the City which are available for such purpose, and such other funds may be reimbursed without interest from the Sewer System Debt Service Subaccount when a sufficient balance is available therein. 18.Covenants Relating to the Prior Improvement Bonds Refunding Portion of the Bonds. (a) Special Assessments. The City has heretofore levied special assessments pursuant to the Prior Improvement Resolution, which were pledged to the payment of the principal and interest on the Prior Improvement Bonds and, after the Call Date the uncollected special assessments for the Prior Improvement Bonds are now pledged to the payment of principal and interest on the Improvement Refunding Portion of the Bonds. The special assessments are such that if collected in full they, together with estimated collections of taxes herein pledged for the payment of the Improvement Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Refunding Portion of the Bonds. The special assessments were levied as provided below, payable in equal, consecutive, annual installments, with general taxes for the years shown below and with intereston the declining balance of all such assessments at the rate shown opposite such years: Improvement DesignationsAmountsInterest RateCollection Years See attached schedules (b) Tax Levy; Coverage Test; Cancellation of Certain Tax Levies. To provide moneys for payment of the principal and interest on the Improvement Refunding Portion of the Bonds, there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax LevyYears of Tax CollectionAmounts See attached schedule The tax levies are such that if collected in full they, together with estimated collections of special assessments and any other revenues herein pledged for the payment of the Improvement Refunding Portion of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Improvement Refunding Portion of the Bonds. The tax levies shall be irrepealable so long as any of the Improvement Refunding Portion of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. Upon payment of the Prior Improvement Bonds, the taxes levied in the Prior Improvement Resolution authorizing the issuance of the Prior Improvement Bonds for the years 20__ to 20__ shall be canceled. (c) General Obligation Pledge. For the prompt and full payment of the principal and interest on the Improvement Refunding Portion of the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Improvement Debt Service Subaccount is ever insufficient to pay all principal and interest then due on the Improvement Refunding Portion of the Bonds and any other bonds payable therefrom, the deficiency June 28, 2010 PacketPageNumber24of183 20 City Council MeetingMinutes shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Improvement Debt Service Subaccount when asufficient balance is available therein. 19.Securities; Escrow Agent. Securities purchased from moneys in the Escrow Account shall be limited to securities set forth in Minnesota Statutes, Section 475.67, Subdivision 8, and any amendments or supplements thereto. Securities purchased from the Escrow Account shall be purchased simultaneously with the delivery of the Bonds. The CityCouncil has investigated the facts and hereby finds and determines that the Escrow Agent is a suitable financial institution to act as escrow agent. 20.Escrow Agreement . On or prior to the delivery of the Bonds the Mayor and Clerk shall, and are hereby authorized and directed to, execute on behalf of the City an Escrow Agreement. The Escrow Agreement is hereby approved and adopted and made a part of this resolution, and the City covenants that it will promptly enforce all provisions thereof in the event of default thereunder by the Escrow Agent. 21.Purchase of SLGS or Open Market Securities. The Purchaser, as agent for the City, is hereby authorized and directed to purchase on behalf of the Council and in its name the appropriate United States Treasury Securities, State and Local Government Series and/or open market securities as provided in paragraph 20, from the proceeds of the Bonds and, to the extent necessary, other available funds, all in accordance with the provisions of this resolution and the Escrow Agreement and to execute all such documents (including the appropriate subscription form) required to effect such purchase in accordance with the applicable U.S. Treasury Regulations. 22.Redemption of Prior Bonds. The Prior Bonds shall be redeemed and prepaid in accordance with the terms and conditions set forth in the Notices of Call for Redemption, in the forms attached to the Escrow Agreement, which terms and conditions are hereby approved and incorporated herein by reference. The Notices of Call for Redemption shall be given pursuant to the Escrow Agreement. 23.Prior Bonds; Security . Until retirement of the Prior Bonds, all provisionstheretofore made for the security thereof shall be observed by the City and all of its officers and agents. 24.Supplemental Resolution. The Prior Resolution is hereby supplemented to the extent necessary to give effect to the provisions of this resolution. 25.Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption asherein required has been duly provided for, to such earlier redemption date. 26.Certificate of Registration. The Clerk is hereby directed to file a certified copy of this resolution with the County Auditor of Ramsey County, Minnesota, together with such other information as the Auditor shall require, and to obtain the Auditor's Certificate that the Bonds have been entered in the Auditor's Bond Register. June 28, 2010 PacketPageNumber25of183 21 City Council MeetingMinutes 27.Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certifiedcopies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 28.Negative Covenant as to Use of Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project financed by the Prior Bonds, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 29.Tax-Exempt Status of the Bonds; Rebate; Elections . The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The Mayor, the Clerk or either one of them, are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 30.Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2010 will not exceed $30,000,000; (e) not more than $30,000,000 of obligations issued by the City during this calendar year 2010 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $30,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 31.Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: June 28, 2010 PacketPageNumber26of183 22 City Council MeetingMinutes (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided, in a timely manner to the MSRB notice of the occurrence of certain material events with respect to the Bonds in accordancewith the Undertaking. (c) Provide or cause to be provided, in a timely manner to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Clerk, or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 32.Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 33.Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member Wasiluk and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: ALL and the following voted against the same: NONE whereupon the resolution was declared duly passed and adopted. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attachedand foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as suchminutes relate to providing for the issuance and sale of $4,050,000 General Obligation Refunding Bonds, Series 2010B. WITNESS my hand on June 28, 2010. ___________________________ Clerk June 28, 2010 PacketPageNumber27of183 23 City Council MeetingMinutes $4,050,000 City of Maplewood, Minnesota General Obligation Refunding Bonds, Series 2010B Crossover Refunding of Series 2002C, 2003A and 2003B Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect Years 02/01/2011--53,118.3453,118.34-- 02/01/2012670,000.002.000%94,200.00764,200.00802,410.00802,410.002010/2011* 02/01/2013660,000.002.000%80,800.00740,800.00777,840.00777,840.002011/2012 02/01/2014690,000.002.000%67,600.00757,600.00795,480.00795,480.002012/2013 02/01/2015710,000.002.000%53,800.00763,800.00801,990.00801,990.002013/2014 02/01/2016330,000.002.500%39,600.00369,600.00388,080.00388,080.002014/2015 02/01/2017330,000.003.000%31,350.00361,350.00379,417.50379,417.502015/2016 02/01/2018335,000.003.250%21,450.00356,450.00374,272.50374,272.502016/2017 02/01/2019325,000.003.250%10,562.50335,562.50352,340.63352,340.632017/2018 Total$4,050,000.00-$452,480.84$4,502,480.84$4,671,830.63$4,671,830.63- * A portion to be paid by a deposit to the Debt Service Fund of $4,328.43 of rounding. $1,390,000 City of Maplewood, Minnesota General Obligation Tax Increment Refunding Bonds, Series 2010B Crossover Refunding of Series 2002C Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect Years 02/01/2011--15,676.1115,676.11-- 02/01/2012315,000.002.000%27,800.00342,800.00359,940.00359,940.00 2010/2011* 02/01/2013335,000.002.000%21,500.00356,500.00374,325.00374,325.00 2011/2012 02/01/2014360,000.002.000%14,800.00374,800.00393,540.00393,540.002012/2013 02/01/2015380,000.002.000%7,600.00387,600.00406,980.00406,980.002013/2014 Total$1,390,000.00-$87,376.11$1,477,376.11$1,534,785.00$1,534,785.00- $1,900,000 City of Maplewood, Minnesota General Obligation Improvment Refunding Bonds, Series 2010B Crossover Refunding of Series 2003A Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% OverlevyLevy AmountLevy/Collect Years 02/01/2011--26,664.9026,664.90-- 02/01/2012265,000.002.000%47,287.50312,287.50327,901.88327,901.88 2010/2011* 02/01/2013235,000.002.000%41,987.50276,987.50290,836.88290,836.88 2011/2012 02/01/2014235,000.002.000%37,287.50272,287.50285,901.88285,901.88 2012/2013 02/01/2015235,000.002.000%32,587.50267,587.50280,966.88280,966.88 2013/2014 02/01/2016235,000.002.500%27,887.50262,887.50276,031.88276,031.88 2014/2015 02/01/2017230,000.003.000%22,012.50252,012.50264,613.13264,613.13 2015/2016 02/01/2018235,000.003.250%15,112.50250,112.50262,618.13262,618.13 2016/2017 02/01/2019230,000.003.250%7,475.00237,475.00249,348.75249,348.75 2017/2018 Total$1,900,000.00-$258,302.40$2,158,302.40$2,238,219.38$2,238,219.38- June 28, 2010 PacketPageNumber28of183 24 City Council MeetingMinutes $760,000 City of Maplewood, Minnesota General Obligation Sewer Revenue Refunding Bonds, Series 2010B Crossover Refunding of Series 2003B Post-Sale Tax Levies Pay YearPrincipalCouponInterestTotal P+I105% Levy AmountLevy/Collect OverlevyYears 02/01/2011--10,777.3310,777.33-- 02/01/201290,000.002.000%19,112.50109,112.50114,568.13114,568.132010/2011* 02/01/201390,000.002.000%17,312.50107,312.50112,678.13112,678.13 2011/2012 02/01/201495,000.002.000%15,512.50110,512.50116,038.13116,038.13 2012/2013 02/01/201595,000.002.000%13,612.50108,612.50114,043.13114,043.13 2013/2014 02/01/201695,000.002.500%11,712.50106,712.50112,048.13112,048.13 2014/2015 02/01/2017100,000.003.000%9,337.50109,337.50114,804.38114,804.38 2015/2016 02/01/2018100,000.003.250%6,337.50106,337.50111,654.38111,654.38 2016/2017 02/01/201995,000.003.250%3,087.5098,087.50102,991.88102,991.882017/2018 Total$760,000.00-$106,802.33$866,802.33$898,826.25$898,826.25- Seconded by CouncilmemberWasiluk. Ayes – All Themotion passed. 6.Resolution Accepting Donation From Schmelz Countryside Councilmember Juenemannmoved toapprove the resolution accepting the $750 donation to the Police Department from Schmelz Countryside. RESOLUTION 10-06-419 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor’s terms if so-prescribed, and; WHEREAS, Schmelz Countryside wishes to grant the City of Maplewood the following: $750, and; WHEREAS, Schmelz Countrysidehas instructed that the City will be required to use the aforementioned for: item(s) commemorating Sergeant Joseph Bergeron, and; WHEREAS, the City of Maplewood hasagreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a super majority of its governing body’s membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on June 28, 2010. June 28, 2010 PacketPageNumber29of183 25 City Council MeetingMinutes Signed: Signed: Witnessed: _______________________________________ ___________________ (Signature) (Signature) (Signature) Mayor______________Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ________________________________________ ____________________ (Date) (Date) (Date) Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 7.Request Approval to Purchase 2010 Chevy Tahoe Councilmember Juenemannmoved toapprove the use of drug forfeiture money to purchase a 2010 Chevy Tahoe for $33,996.27 to replace the vehicle occupied by Sergeant Joseph Bergeron at the time of his death on May 1, 2010. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 8.Request Approval to Purchase Automated/Mobile License Plate Reader CouncilmemberJuenemannmoved toapprove the purchase of an automated/mobile license plate reader for $20,880 to be paid for by grant monies. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 9.County Road D Realignment (West) Improvements (TH 61 to Walter Street), Project 02-08, Resolution Accepting Project and Adopting Final Financing Plan in Order to Close Project CouncilmemberJuenemannmoved toapprove resolution for acceptance of project for the County Road D realignment (west) improvements, city project 02-08 and authorize the finance director to make the necessary financial transfers as noted in the revised financing plans and close the project fund. RESOLUTION 10-06-420 ACCEPTANCE OF PROJECT AND MODIFICATION OF PROJECT BUDGET WHEREAS, the city engineer for the City of Maplewood has determined that the County Rd D Realignment (West) Improvements, City Project 02-08 is complete and recommends acceptance of the project, and WHEREAS, the project budget must be modified as noted in the revised financing plan to reflect final costs. June 28, 2010 PacketPageNumber30of183 26 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1.City Project 02-08 is complete and maintenance of these improvements is accepted by the city. Final payment and release of any retainage or escrow is hereby authorized. 2.The finance director is authorized to make the necessary financial transfersas noted in the revised financing plan. 3.Upon making final transfers the project fund shall be closed. Below is the final revised budget for project 02-08: Funding SourceOriginal BudgetRevised Budget State Aid:$532,510 $666,903 Bonds$1,904,785 $2,003,008 Environmental Utility Fund$18,000 $18,000 Ramsey County$690,582 $981,861 SPRWS$33,378 $24,300 City of Vadnais Heights$304,908 $106,768 Trust Account Interest$0$3,680 Interest on Investments$0$7,701 Transfers from other projects$0$488,482 Developer (Troutland)$10,000$29,649 Total:$3,494,163 $4,330,352 Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 10.Approval of the Drinking Water Protection Delegation Agreement with the Minnesota Department ofHealth Councilmember Juenemannmoved torenew the new delegation agreement with the Minnesota Department of Health for drinking water protection/safe drinking water act responsibilities. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 11.Approval of the Trout Brook Trail Feasibility Proposal Councilmember Juenemannmoved toapprove the trout brook trail feasibility proposal with the cost not to exceed $14,990.00. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. June 28, 2010 PacketPageNumber31of183 27 City Council MeetingMinutes 12.Lions Park Improvements, City Project No. 08-09, Resolution Approving Plans and Specifications and Advertising for Bids Councilmember Juenemannmoved toapprove the resolution for the Lions Park Improvements for 2010, city project 08-09, approving plans and advertisement for bids. RESOLUTION 10-06-421 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on November 23, 2009, plans and specifications for the Lions Park Improvements, City Project 08-09, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. 2.The city clerk shall prepare and cause to be inserted in the official paper and in the periodical Finance and Commerce, an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m. th on the 30day of July, 2010, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The city clerk and city engineer are hereby authorized and instructed to receive, open and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular city Council meeting of August 9, 2010. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. H. PUBLIC HEARING 1.Sign Ordinance Amendment – Political Campaign Signs (First Reading) (7:00 p.m.) a.Environmental Planner, Shann Finwall gave the reportand answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. c. City Clerk, Director Citizen Services, Karen Guilfoile answered questions of the council. Mayor Rossbach opened the public hearing. 1.Marv Koppen, Maplewood. Mayor Rossbach closed the public hearing. June 28, 2010 PacketPageNumber32of183 28 City Council MeetingMinutes Councilmember Nephewmoved toapprove the (first reading) of the political campaign sign ordinance. This ordinance amends the city’s sign ordinance pertaining to the time limit political campaign signs can be posted during local regular elections. Seconded by CouncilmemberWasiluk. Ayes – All The motion passed. 2.NPDES Phase II Annual Report – Public Meeting (7:00 p.m.) a.Community Development and Parks Director,DuWayne Konewkogave the report and answered questions of the council. b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of the council. Mayor Rossbach opened the public hearing. 1.John Schmahl, North St. Paul. Mayor Rossbach closed the public hearing. No action required for this item. I.UNFINISHED BUSINESS 1.Temporary Sign Ordinance Review – Banners and Window Signs a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. b.Mark Jenkins, Chair of the Business and Economic Development Commission addressed the council. c. Marv Koppen, White Bear Avenue BusinessAssociation member addressed the council. Mayor Rossbach moved to direct staff to bring the temporary sign ordinance reviewback to the council for further discussionincluding setting the limits in windows at 30% and banners as per the staff report. Seconded by Councilmember Juenemann. Ayes – Mayor Rossbach, Councilmembers Juenemann, & Llanas Nays – Councilmembers Nephew, & Wasiluk The motion passed. 2.Storm Water Ordinance Summary Publication (Super Majority Vote Required) a.Environmental Planner, Shann Finwall gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the storm water ordinance summary publication to be printed inthe city’s official newspaper. ENTER THESUMMARYORDINANCE HERE AND SHANN TO GET IT PRINTED June 28, 2010 PacketPageNumber33of183 29 City Council MeetingMinutes City of Maplewood ORDINANCE NO. 903 An Ordinance Creating New Stormwater Management Requirements On June 14, 2010, the Maplewood City Council adopted a new stormwater management ordinance and amended the Environmental Protection and Critical Area (Article VII) ordinance dealing with the Nationwide Urban Runoff Program (Section 12-307(f)). A summary of the stormwater management ordinance is described below: 1.The Environmental Protection and Critical Area ordinance at Section 12-307(f) (Nationwide Urban Runoff Program) is deleted in its entiretyand a new stormwater management ordinance is created and defined below (items 2 through 7). 2. Applicability.The proposed standards and ordinance would apply to projects which result in new development and redevelopment on projects which encompass one-half acre (21,780 square- feet) or more of disturbed area or 5,000 square-feet or more of new impervious surface. 3. Runoff Rate.Runoff rates resulting from a project subject to the standards shall not exceed the pre-project runoff rates for the 2-year, 10-year, and 100-year critical duration storm events. 4. Water Quality Treatment.The city’s existing standards require the removal of 80% total suspended solids. The new standards and ordinance will require treatment through infiltration practices for runoff volumes of at least 1.0inch over all new impervious and redevelopment impervious portions of a project. This is a new requirement by the Minnesota Pollution Control Agency (MPCA) under the city's National Pollutant Discharge Elimination System (NPDES) permit program, in order to conform to non-degradation requirements. Filtration practices must be designed for partial recharge (e.g., bioretention basin with under drains). These practices will receive 70% credit for the runoff volume treatment requirement of 1.0 inch. For projects where infiltration or filtration is not feasible, or is prohibited as described in the stormwater management standards, the project must provide treatment systems that remove 90% total suspended solids and 60%total phosphorus on an annual basis. 5.Erosion Control.Erosion control standards apply to all land disturbance activity unless specifically exempted by the definition of the term “land disturbance activity” in the City’s Erosion and Sedimentation Control Ordinance. 6. Illicit Discharges. No draining or discharging into the storm sewer any pollutants or waters containing pollutants, other than stormwater. The following discharges are exempt: a.Water line flushing performed by a government agency, other potable water sourcessuch as landscape irrigation or lawn watering, diverted stream flows, rising ground water, ground water infiltration to stormdrains, uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems), crawl space pumps, air conditioning condensation, springs, natural riparian habitat or wetland flows, and any other water source not containing pollutants. June 28, 2010 PacketPageNumber34of183 30 City Council MeetingMinutes b.Discharges or flows from fire fighting, and other discharges specified in writing by the city as being necessary to protect public health and safety. 7.Coal Tar Sealants.The use of coal tar sealers on asphalt driveways is a common practice. Coal tar sealant products contain polycyclic aromatic hydrocarbons (PAHs), which are a group of organic chemicals formed during the incomplete burning of coal, oil, gas, or other organic substances. Scientific studies have demonstrated a relationship between the use of these products on stormwater runoff and certain health and environmental concerns. The coal tar sealer section of the ordinance will prohibit any person from applying this material to any driveway, parking lot, or other surface in the city. Asphalt-based driveway sealers are still permitted as an alternative to coal tar sealants, which are not harmful on the environment. The purpose of the coal tar sealant banis to protect, restore, and preserve the quality of our waters. The stormwater management ordinance goes into effect after publication. An official copy of the stormwater management ordinance is on filein the office of the Maplewood Community Development and Parks and Public Works Departmentsor can be obtained on the city’s website at www.ci.maplewood.mn.us/stormwater.Questions regarding this ordinance should be directed to Michael Thompson, City Engineer at (651) 249-2403or he can be reached by email at michael.thompson@ci.maplewood.mn.us. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 3.Historical Preservation Ordinance Amendments – Second Reading a.Environmental Planner, Shann Finwallgave the report and answered questions of the council. Councilmember Wasilukmoved toapprove the (second reading) of the historical preservation ordinance amendments. AMENDMENT ORDINANCE 905 THE HERITAGE PRESERVATION COMMISSION ORDINANCE Section 1This amendment revises Sections 2-87 to 2-91of Ordinance 845 (additions are underlined and deletions are stricken): DIVISION 4 HERITAGE PRESERVATION COMMISSION (“Commission”) Section 2-87 Authority for Establishment There is hereby established for the City a Heritage Preservation Commission as an independent commission to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Section 2-88 Statement of public policy andpurpose The City Council hereby declares as a matter of public policy that the protection, preservation, perpetuation and use of places, areas, buildings, structures and other objects having a special historical, community or aesthetic interest or value is a public necessity and is required in the interest of the people. The purpose of this Chapter is to: June 28, 2010 PacketPageNumber35of183 31 City Council MeetingMinutes (a)Safeguard the cultural resources of the City by preserving sites, structures, districts and landmarks which reflect elements of the City's cultural, social, economic, political or architectural history; (b)Protect and enhance the City's attractions to residents and visitors; (c)Foster civic pride in the beauty and notable achievements of the past; (d)Enhance the visual and aesthetic character, diversity and interest of the City; and (e)Promote the use and preservation of historic sites and landmarks for the education and general welfare of the people of the City. Section 2-89 Advisory body All actions of the Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. Section 2-90 Composition; Appointment; Qualifications; Terms (a) The Heritage Commission shall be composed of seven (7) members appointed by the City Council, who shall be residents of the City, and shall be selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the people. (b) Commission membership shall be drawn from persons with demonstrated interest and/or expertise in historic preservation. If available in the community, at least two members of the Commission shall be heritage preservation-related professionals (e.g. the professions of history, architecture, architectural history, archeology, planning, real estate, design, building trades, landscape architecture, or law). A member of the Maplewood Heritage Preservation Commission is required to be a representative to the Ramsey County Historical Society. The City shall pay for the membership of the Commission or designee. (c) The members of the heritage preservation commission shall serve staggered terms. All appointments shall be assigned by the city council for a term of three years. Section 2-91 Officers Generally The chairperson and vice-chairperson of the Commission shall be elected by the Commission at the first meeting in January of each year from among the members of the Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice- chairperson shall conduct the meeting. Section 2-92 Designation of historic sites and landmarks (a) Procedures: The City Council, upon the request of the Commission, may by resolution designate an historic site, landmark, or district. Prior to such designation, the city council shall hold a public hearing, notice of which shall be published at least ten (10) days prior to the date of the hearing. Notice of the hearing shall also be mailed to all owners of property which is proposed to be designated as an historic site, landmark or district and to all property owners within five hundred (500) feet of the boundary of the area to be designated. Every nomination shall be forwarded to the Minnesota Historical Society for review and comment within sixty (60) days of the Commission’s request. June 28, 2010 PacketPageNumber36of183 32 City Council MeetingMinutes (b) Eligibility criteria: In considering the designation of any area, site, place, district, building or structure in the city as an historic site, landmark, or district the Commission shall consider the following factors with respect to eligibility: (1) Its character, interest or value as part of the history or cultural heritage of the City, the State or the United States; (2) Its association with persons or events that have made a significant contribution to the cultural heritage of the City; (3) Its potential to yield information important in history or prehistory; (4) Its embodiment of distinguishing characteristics of architectural type or style, or elements of design, detail materials or craftsmanship; and (5) Its unique location or singular physical appearance representing an established or familiar visual feature of a neighborhood or community of the City. Section 2-93 Alterations to landmarks, sites or districts; review (a) Review and recommendations generally: The Commission shall review and make recommendations to the Council concerning proposed alterations to an historic site, landmark or district. (b) Land use permit: Every application for a land use permit which may result in the alteration of a designated historic site, landmark or district in theCity shall be reviewed by the Commission; thereafter, the Commission shall make a recommendation and may recommend conditions regarding approval to the City Council concerning the proposed permit. (c) Other building permits: The Commission shall review and make recommendations to the Council concerning the issuance of building permits to do any of the following in a historic district or State designated historic site: (1) New construction – New building or new addition to an existing building (2) Remodel – Alter, change or modify building or site (3) Move a building – Building or structure moved into the city. (4) Excavation – Dig out materials from the ground. (5) Demolition – Destroy, remove or raze –completely tear down (d) Factors considered: The Commission, upon receipt of the permit application and plans, shall determine if the work to be performed adversely affects the designated historic site, landmark or district. In determining whether or not there is an adverse effect to the historic site, landmark, or district the Commission shall consider the following factors: (1) Whether the work will significantly alter the appearance of the building or structure so as to remove the features which distinguish the historic site, landmark or district as a significant cultural resource. (2) Whether the use of the property will destroy, disturb or endanger a known or suspected archaeological feature site. (e) Standards and guidelines: The Comprehensive Plan adopted by the City shall be the authoritative guide to reviewing permits in relation to designated historic sites, landmarks and historic districts. (f) Appeals: Any party aggrieved by a decision of the Commission shall within ten (10) days of the Commission’s action recommending denying the issuance of a building permit within a historic district have a right to appeal such decision to the City Council. The Commission in recommending denial of a June 28, 2010 PacketPageNumber37of183 33 City Council MeetingMinutes building permit shall advise the applicant of his/her right to appeal to the City Council. The aggrieved party shall file with the Building Official a written notice requesting Council review of the action taken by the Commission. Section 2-94 Maintenance of records and documents The Commission shall conduct a continuing survey of cultural resources in the City which the Commission has reason to believe are or will be eligible for designation as historic sites, landmarks or districts. The Commission shall also prepare and maintain a Comprehensive map and survey. (a) Register of Historic Sites and Landmarks: The City shall maintain a register of historic sites and landmarks. (b) Repository for Documents: The office of the Building Official is designated as the repository for all studies, surveys, reports, programs, and designations of historic sites and landmarks. Section 2-95 Violation It shall be a misdemeanor to alter, disturb, deface or materially change the appearance or use of a designated historic site, landmark, or district without a permit. This ordinance shall take effect after the city publishes it in the official newspaper. This Historical Preservation Commission recommended approval of this ordinance. The City Council approved this ordinance on June 28, 2010. _______________________________ Attest: Mayor ________________________________ City Clerk Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. The city council took a 10-minute break The city council reconvenedat 9:04 p.m. J.NEW BUSINESS 1. Goodwill – Design Review, Parking Waiver, Wetland Buffer Variances and Lot Combination, 2580 and 2582 White Bear Avenue a.Senior Planner, Tom Ekstrandgave the report and answered questions of the council. b.Environmental Planner, Shann Finwall answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. d.Ginny Yingling, Environmental and Natural Resources Commission member addressed the council. e.Jim Kellison, Kelco Services, LLC, 1935 West County Road B2, Suite 68, Roseville, representing Mogren Properties addressed the council. June 28, 2010 PacketPageNumber38of183 34 City Council MeetingMinutes Mayor Rossbach moved to approve combining the two lots currently addressed as 2580 and 2582 White Bear Avenue into one legally-described property. The applicant shall provide evidence that these lots have been combined as one before getting a building permit. Seconded by Councilmember Wasiluk. Ayes – All The motion passed. Councilmember Nephew moved to approve the Parking Waiver for Goodwillallowing the applicant to provide eight fewer parking spaces than the city code requires. Seconded by Councilmember Wasiluk. Ayes – All The motion passed. Councilmember Nephew moved to approve the Wetland Buffer VarianceResolutionfor Goodwill. VARIANCE RESOLUTION10-06-422 WHEREAS, James Kellison, of Kelco Services, LLC, applied for a variance from the wetland protection ordinance. WHEREAS, this variance applies to property located at 2580 and 2582 White Bear Avenue. The property identification numbers for these properties are: 11-29-22-21-0060 and 11-29-22-21-0061 WHEREAS, Ordinance No. 895, the Environmental Protection and Critical Area Ordinance dealing with Wetlands, requires a wetland protection buffer of 100 feet in width adjacent to creeks and a wetland protection buffer of 50 feet inwidth adjacent to Manage C wetlands. WHEREAS, the applicant is proposing wetland protection buffers of 30 feet, requiring a variance of 70 feet, from the creek and a wetland protection buffer of 35 feet from the Manage C wetland, requiring a variance of 35 feet. WHEREAS, the history of this variance is as follows: 1. On June 15, 2010, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that thecity council approve thesevariance requests.On June 23, 2010, the environmental and natural resources commission reviewed these variances and recommended approval. 2.The city council held a public meeting on June 28, 2010, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. June 28, 2010 PacketPageNumber39of183 35 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above-described variances based on the following reasons: 1.Strict enforcement of the ordinancewould cause the applicant undue hardship because complying with all of the wetland buffer requirements stipulated by the ordinance would deplete the site area by approximately one half of its original size, substantially diminishing the re development potential of this lot. 2.Approval of the requested wetland buffer variances would benefit the adjacent wetland and creek because the site is presently developed up to the wetland and creek edges. 3.Approval would meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland and creek buffers will greatly improve the quality of the creek to the north and the wetland to the east. 4.The Ramsey Washington Metro Watershed District has approved the applicant’s plans. Conditions of Approval Approval of the wetland buffer variancesshall be subject to complying with all of the conditions of approval in the Environmental Review report by Shann Finwall, Maplewood Environmental Planner, and Ginny Gaynor, Maplewood Natural Resources Coordinator, dated June 21, 2010 attached to this resolution. The Maplewood City Council approved this resolution on June 28,2010. Seconded by Mayor Rossbach. Ayes – Mayor Rossbach, Councilmembers Llanas, & Nephew Nays – CouncilmembersJuenemann, & Wasiluk The motion passed. Councilmember Nephewmoved to approve the civil-engineering plans date-stamped May 4, 2010, and the revised site, landscaping and architectural plans date-stamped June 7, 2010, for the proposed Goodwill store at 2580 White Bear Avenue. Approval is subject to the findings required by ordinance and subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with the requirements in Steve Kummer’s engineering report dated June 18, 2010. 3. Comply with the requirements in the Environmental Review report by Shann Finwall and Ginny Gaynor dated June 21, 2010. 4. Before getting a building permit, the applicant shall do the following: a. Resubmit the landscaping plan for staff approval to meet all requirements of the environmental planner and natural resources coordinator for all areas involving wetland buffers, rainwater gardens, stormwater ponds and tree replacement. b. All areas on the landscaping plan shown as lawn shall be sod not seed. c. Provide cross easements between Discount Tire and the proposed Goodwill site. d. Obtain wetland buffer variances from the city council. June 28, 2010 PacketPageNumber40of183 36 City Council MeetingMinutes e. Provide cash escrow or an irrevocable letter of credit in the amount of 150 percent of the cost of the landscaping, wetland buffer/storm pond plantings and other site improvements that may not be installed by occupancy. An irrevocable letter of credit shall include the following provisions: D The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand. b.The letter of credit shall have a stipulation indicating automatic renewal, with notification to the cityby certified mail a minimum of 60 days prior to its expiration. 5. Before getting a certificate of occupancy, the applicant shall: a. Comply with or complete all aspects of these plans or any required revisions. b. Install a concrete sidewalk as shown on the plans. The dimensions and location of this sidewalk shall be subject to staff approval. This sidewalk shall be ramped at the driveway crossing. c. Paint the roof-top equipment to match the building as required by code. d. Provide in-ground lawn irrigation as required by code. e. Comply with all requirements of the fire marshal, building official and police departments. f. Install a “no left turn” sign and a stop sign at the exit onto White Bear Avenue. There shall also be a “pork chop” divideror island installed in the driveway curb cut to force right turn exits. g. Provide on-site traffic directional signs guiding cars to the donation drop-off area, due to the one-way traffic flow proposed. 6. The community design review board shall review major changes to these plans. Minor changes may be approved by staff. Seconded by Mayor Rossbach. Ayes – Mayor Rossbach, Councilmembers Llanas, Nephew & Wasiluk Nay – Councilmember Juenemann The motion passed. K.VISITOR PRESENTATIONS None. L.AWARD OF BIDS 1.Rice/36 Interchange Improvements, Project 09-07, Resolution of Concurrence with Ramsey County for Award of Bid a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. June 28, 2010 PacketPageNumber41of183 37 City Council MeetingMinutes Councilmember Juenemannmoved toapprove the Rice/36 Interchange improvements, project 09-07, resolution of concurrence with Ramsey County for award of bid to Lunda Construction Company for $16,590,088.00. RESOLUTION 10-06-423 CONCURRENCE FOR AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Lunda Construction Company in the amount of $16,590,088.00 is the lowest responsible bid for the construction of the Rice/36 Interchange Improvements – City Project 09-07, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW 2010-15), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Lunda Construction Company for said improvements. Adopted by the council this 28th day of June 2010. Seconded by CouncilmemberLlanas. Ayes – All The motion passed. M.ADMINISTRATIVE PRESENTATIONS 1.Audit of 2009 Comprehensive Annual Financial Report – Schedule Information a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. N.COUNCIL PRESENTATIONS National Night Out – 1.Councilmember Juenemannand Police Chief Thomalla reminded people that National Night Outis Tuesday, August 3, 2010. League of Minnesota CitiesConference – 2.Councilmember Nephew stated he attended the League of Minnesota Cities Conferencelast week in St. Cloud as did Mayor Rossbach and City Manager, JamesAntonen. Councilmember Nephew gave a brief report on topics that were discussed. th Mayor Rossbach reminded people there won’t be fireworks at the 4of July celebration at Hazelwood Parkbut there will be fireworks at the Taste of Maplewood celebration which is held on August 6 - 7, 2010. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at10:09p.m. June 28, 2010 PacketPageNumber42of183 38 City Council MeetingMinutes G-1 AGENDA NO. AGENDA REPORT TO:City Council Finance Director FROM: RE:APPROVAL OF CLAIMS July 12, 2010 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 376,909.42Checks # 81631 thru # 81685 dated 06/24/10 thru 6/29/10 $ 162,855.61Disbursements via debits to checking account dated 6/18/10 thru 6/25/10 $ 345,329.25Checks # 81686 thru # 81736 dated 06/29/10 thru 07/07/10 $ 346,586.90Disbursements via debits to checking account dated 06/25/10 thru 07/02/10 $ 1,231,681.18Total Accounts Payable PAYROLL $ 512,076.22Payroll Checks and Direct Deposits dated 06/25/10 $ 2,800.75Payroll Deduction check # 1009136 thru # 1009138 dated 06/25/10 $ 514,876.97Total Payroll $ 1,746,558.15GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments PacketPageNumber43of183 Check Register City of Maplewood CheckDateVendorDescriptionAmount PacketPageNumber44of183 376,909.42 55Checks in this report. PacketPageNumber45of183 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL162,855.61 PacketPageNumber46of183 Check Register City of Maplewood CheckDateVendorDescriptionAmount PacketPageNumber47of183 345,329.25 Checks in this report. 51 PacketPageNumber48of183 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL346,586.90 PacketPageNumber49of183 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 06/25/10JUENEMANN, KATHLEEN416.42 06/25/10LLANAS, JAMES416.42 06/25/10NEPHEW, JOHN416.42 06/25/10ROSSBACH, WILLIAM473.15 06/25/10STRAUTMANIS, MARIS277.50 06/25/10WASILUK, JULIE416.42 06/25/10AHL, R. CHARLES4,917.95 06/25/10ANTONEN, JAMES5,300.00 06/25/10BURLINGAME, SARAH90.75 06/25/10KANTRUD, HUGH184.62 06/25/10CHRISTENSON, SCOTT2,219.59 06/25/10FARR, LARRY2,748.86 06/25/10JAHN, DAVID1,840.37 06/25/10RAMEAUX, THERESE3,033.24 06/25/10BAUMAN, GAYLE3,860.96 06/25/10FORMANEK, KAREN1,762.19 06/25/10MITTET, ROBERT3,554.40 06/25/10ANDERSON, CAROLE1,488.75 06/25/10DEBILZAN, JUDY1,234.16 06/25/10JACKSON, MARY2,102.98 06/25/10KELSEY, CONNIE2,569.23 06/25/10LAYMAN, COLLEEN2,926.15 06/25/10CAREY, HEIDI2,494.95 06/25/10GUILFOILE, KAREN4,176.43 06/25/10KROLL, LISA1,845.49 06/25/10NEPHEW, MICHELLE1,554.16 06/25/10SCHMIDT, DEBORAH2,589.83 06/25/10SPANGLER, EDNA1,226.09 06/25/10CORTESI, LUANNE1,137.37 06/25/10JAGOE, CAROL1,886.77 06/25/10KELLY, LISA167.99 06/25/10LARSON, MICHELLE1,233.52 06/25/10MECHELKE, SHERRIE1,086.09 06/25/10MOY, PAMELA1,262.49 06/25/10OSTER, ANDREA1,886.79 06/25/10WEAVER, KRISTINE2,245.37 06/25/10CORCORAN, THERESA1,882.15 06/25/10KVAM, DAVID4,168.15 06/25/10PALANK, MARY1,886.78 06/25/10POWELL, PHILIP2,903.66 06/25/10SVENDSEN, JOANNE2,081.79 06/25/10THOMALLA, DAVID4,936.26 06/25/10YOUNG, TAMELA1,882.15 06/25/10ABEL, CLINT2,988.56 06/25/10ALDRIDGE, MARK3,155.14 PacketPageNumber50of183 06/25/10BAKKE, LONN3,488.23 06/25/10BARTZ, PAUL3,499.36 06/25/10BELDE, STANLEY2,995.25 06/25/10BENJAMIN, MARKESE2,623.92 06/25/10BIERDEMAN, BRIAN4,005.60 06/25/10BOHL, JOHN3,099.34 06/25/10BUSACK, DANIEL3,874.01 06/25/10COFFEY, KEVIN3,284.41 06/25/10CROTTY, KERRY3,507.77 06/25/10DEMULLING, JOSEPH2,601.73 06/25/10DOBLAR, RICHARD3,576.98 06/25/10DUGAS, MICHAEL4,482.91 06/25/10ERICKSON, VIRGINIA3,156.60 06/25/10FLOR, TIMOTHY2,622.14 06/25/10FRASER, JOHN3,316.93 06/25/10FRITZE, DEREK2,792.86 06/25/10GABRIEL, ANTHONY3,335.55 06/25/10HAWKINSON JR, TIMOTHY2,799.35 06/25/10HER, PHENG2,317.80 06/25/10HIEBERT, STEVEN3,315.02 06/25/10JOHNSON, KEVIN3,893.76 06/25/10KALKA, THOMAS896.28 06/25/10KARIS, FLINT3,889.67 06/25/10KONG, TOMMY2,830.76 06/25/10KREKELER, NICHOLAS806.28 06/25/10KROLL, BRETT2,830.76 06/25/10LANGNER, SCOTT2,983.45 06/25/10LANGNER, TODD2,773.06 06/25/10LU, JOHNNIE3,248.48 06/25/10MARINO, JASON3,379.02 06/25/10MARTIN, JERROLD2,988.56 06/25/10MCCARTY, GLEN3,226.12 06/25/10METRY, ALESIA3,144.40 06/25/10NYE, MICHAEL3,367.63 06/25/10OLSON, JULIE2,935.54 06/25/10REZNY, BRADLEY2,986.72 06/25/10RHUDE, MATTHEW3,041.52 06/25/10SHORTREED, MICHAEL4,060.51 06/25/10STEINER, JOSEPH3,258.84 06/25/10SYPNIEWSKI, WILLIAM2,773.06 06/25/10SZCZEPANSKI, THOMAS2,941.55 06/25/10TAUZELL, BRIAN2,229.00 06/25/10THEISEN, PAUL4,026.17 06/25/10THIENES, PAUL3,901.95 06/25/10TRAN, JOSEPH3,187.78 06/25/10WELCHLIN, CABOT2,968.69 06/25/10WENZEL, JAY3,157.10 06/25/10XIONG, KAO2,909.08 06/25/10BAUMAN, ANDREW2,474.73 06/25/10DAWSON, RICHARD3,096.38 06/25/10DOLLERSCHELL, ROBERT293.39 06/25/10EVERSON, PAUL3,083.10 06/25/10FOSSUM, ANDREW2,483.03 06/25/10HALWEG, JODI2,758.90 06/25/10HENDRICKSON, NICHOLAS2,412.53 PacketPageNumber51of183 06/25/10JUNGMANN, BERNARD3,375.63 06/25/10KUBAT, ERIC2,229.79 06/25/10LINDER, TIMOTHY2,259.11 06/25/10NOVAK, JEROME2,838.40 06/25/10OLSON, JAMES2,602.48 06/25/10PETERSON, ROBERT2,805.18 06/25/10PLACE, ANDREA2,600.25 06/25/10SEDLACEK, JEFFREY2,609.12 06/25/10STREFF, MICHAEL2,584.56 06/25/10SVENDSEN, RONALD3,216.24 06/25/10GERVAIS-JR, CLARENCE3,679.63 06/25/10LUKIN, STEVEN4,475.33 06/25/10ZWIEG, SUSAN2,234.15 06/25/10KNUTSON, LOIS1,958.95 06/25/10NIVEN, AMY1,411.62 06/25/10PRIEFER, WILLIAM2,900.37 06/25/10AHL, GREGORY1,008.00 06/25/10BRINK, TROY2,738.39 06/25/10BUCKLEY, BRENT2,586.09 06/25/10DEBILZAN, THOMAS2,135.35 06/25/10EDGE, DOUGLAS2,131.66 06/25/10HAMRE, MILES1,404.00 06/25/10JONES, DONALD2,125.35 06/25/10MEISSNER, BRENT1,823.43 06/25/10NAGEL, BRYAN3,459.15 06/25/10OSWALD, ERICK2,372.97 06/25/10RUNNING, ROBERT2,288.55 06/25/10SETNES, SAMUEL1,008.00 06/25/10TEVLIN, TODD2,135.35 06/25/10BURLINGAME, NATHAN1,994.17 06/25/10DUCHARME, JOHN2,713.97 06/25/10EATON, MEGAN1,113.00 06/25/10ENGSTROM, ANDREW2,344.56 06/25/10JACOBSON, SCOTT2,344.59 06/25/10JAROSCH, JONATHAN2,709.35 06/25/10KREGER, JASON2,184.22 06/25/10KUMMER, STEVEN3,063.75 06/25/10LINDBLOM, RANDAL2,713.98 06/25/10LOVE, STEVEN3,140.29 06/25/10THOMPSON, MICHAEL3,895.87 06/25/10ZIEMAN, SCOTT1,008.20 06/25/10HELCL, JOHN322.40 06/25/10EDSON, DAVID2,170.59 06/25/10GUNDERSON, ANDREW996.00 06/25/10HINNENKAMP, GARY2,260.83 06/25/10MARUSKA, MARK3,183.11 06/25/10NAUGHTON, JOHN2,125.35 06/25/10NORDQUIST, RICHARD2,127.66 06/25/10SCHINDELDECKER, JAMES2,129.97 06/25/10BIESANZ, OAKLEY1,562.15 06/25/10DEAVER, CHARLES751.45 06/25/10GERNES, CAROLE326.82 06/25/10HAYMAN, JANET2,026.21 06/25/10HUTCHINSON, ANN2,622.79 06/25/10SOUTTER, CHRISTINE507.95 PacketPageNumber52of183 06/25/10WACHAL, KAREN815.08 06/25/10GAYNOR, VIRGINIA3,211.95 06/25/10BEHM, LOIS63.75 06/25/10FRY, PATRICIA1,953.26 06/25/10HALL, KATHLEEN108.00 06/25/10KONEWKO, DUWAYNE4,390.46 06/25/10SINDT, ANDREA2,034.95 06/25/10THOMPSON, DEBRA752.86 06/25/10EKSTRAND, THOMAS3,800.52 06/25/10MARTIN, MICHAEL2,530.95 06/25/10WYGANT, MELISSA525.00 06/25/10BRASH, JASON2,154.15 06/25/10CARVER, NICHOLAS3,211.95 06/25/10FISHER, DAVID3,778.99 06/25/10SWAN, DAVID2,686.95 06/25/10WELLENS, MOLLY1,691.94 06/25/10BJORK, ALICIA472.50 06/25/10BJORK, BRANDON506.00 06/25/10COLEMAN, JOHN351.50 06/25/10JANASZAK, MEGHAN915.01 06/25/10KOHLMAN, JENNIFER104.06 06/25/10ROBBINS, AUDRA2,847.74 06/25/10ROBBINS, CAMDEN54.38 06/25/10RYCHLICKI, NICHOLE165.00 06/25/10SCHALLER, TYLER58.00 06/25/10SHERRILL, CAITLIN438.14 06/25/10TAYLOR, JAMES2,583.24 06/25/10THOMFORDE, FAITH1,482.95 06/25/10ADAMS, DAVID1,915.15 06/25/10GERMAIN, DAVID2,134.59 06/25/10HAAG, MARK2,244.55 06/25/10SCHULTZ, SCOTT2,756.06 06/25/10ANZALDI, MANDY1,887.21 06/25/10BRENEMAN, NEIL1,939.70 06/25/10CRAWFORD - JR, RAYMOND901.70 06/25/10EVANS, CHRISTINE1,252.32 06/25/10GADOW, ANNA278.26 06/25/10GLASS, JEAN2,103.68 06/25/10HANSEN, LORI2,912.02 06/25/10HER, CHONG102.00 06/25/10HER, PETER238.70 06/25/10HOFMEISTER, MARY992.14 06/25/10HOFMEISTER, TIMOTHY196.56 06/25/10KULHANEK-DIONNE, ANN153.00 06/25/10LAMB, JACQUELINE54.00 06/25/10OLSON, ERICA243.60 06/25/10OLSON, SANDRA42.00 06/25/10PELOQUIN, PENNYE510.23 06/25/10PENN, CHRISTINE2,094.61 06/25/10SCHOENECKER, LEIGH557.25 06/25/10SMITH, TERRENCE120.00 06/25/10STARK, SUE216.00 06/25/10VANG, KAY351.50 06/25/10VUE, LOR PAO109.31 06/25/10ZIELINSKI, JUDY184.80 PacketPageNumber53of183 06/25/10AICHELE, MEGAN104.25 06/25/10AMUNDSON, DANIKA94.25 06/25/10ANDERSON, JOSHUA356.20 06/25/10ANDERSON, JUSTIN316.60 06/25/10ANDERSON, MAXWELL152.25 06/25/10BAUDE, SARAH73.00 06/25/10BENJAMIN, AYLA221.04 06/25/10BIGGS, ANNETTE64.50 06/25/10BRENEMAN, SEAN375.60 06/25/10BRUSOE, AMY51.35 06/25/10BRUSOE, CRISTINA63.20 06/25/10BUCHMAYER, NICOLLET130.20 06/25/10BUCKLEY, BRITTANY228.83 06/25/10BUTLER, ANGELA119.00 06/25/10CAMPBELL, JESSICA416.90 06/25/10COLEMAN, DAYSHIA14.50 06/25/10DEMPSEY, BETH196.00 06/25/10DUNN, RYAN994.00 06/25/10EKSTRAND, DANIEL11.78 06/25/10ERICKSON-CLARK, CAROL49.00 06/25/10FONTAINE, KIM315.00 06/25/10GRAY, MEGAN14.70 06/25/10GRUENHAGEN, LINDA176.05 06/25/10HANSEN, HANNAH12.69 06/25/10HEINRICH, SHEILA162.00 06/25/10HOLMBERG, LADONNA578.50 06/25/10HOLMGREN, LEAH30.00 06/25/10HORWATH, RONALD2,589.01 06/25/10JOHNSON, BARBARA216.75 06/25/10JOHNSON, JAMES12.00 06/25/10JOYER, JENNA112.84 06/25/10KOGLER, RYAN263.80 06/25/10KOHLER, ROCHELLE34.00 06/25/10KRONHOLM, KATHRYN776.96 06/25/10KURZHAL, ALISON108.28 06/25/10LAMEYER, ZACHARY93.78 06/25/10MANZELLA, TERESA17.00 06/25/10MATHEWS, LEAH87.10 06/25/10MCCARTHY, ERICA112.50 06/25/10NADEAU, KELLY190.13 06/25/10NWANOKWALE, MORDY363.00 06/25/10PROESCH, ANDY653.25 06/25/10RENFORD, NATHAN108.75 06/25/10RENFORD, NICHOLAS119.63 06/25/10RICHTER, DANIEL72.00 06/25/10RICHTER, NANCY252.00 06/25/10RONNING, ISAIAH58.80 06/25/10RONNING, ZACCEUS47.45 06/25/10SCHREIER, ROSEMARIE203.00 06/25/10SCHREINER, MICHELLE269.14 06/25/10SCHUNEMAN, GREGORY312.15 06/25/10SJERVEN, BRENDA187.00 06/25/10SKAAR, SAMANTHA16.00 06/25/10SKUNES, KELLY124.80 06/25/10SMITH, ANN118.20 PacketPageNumber54of183 06/25/10SMITLEY, SHARON326.95 06/25/10TAYLOR, JASON184.07 06/25/10TREPANIER, TODD566.00 06/25/10TRUE, ANDREW275.66 06/25/10TUPY, ELIANA119.00 06/25/10TUPY, HEIDE44.40 06/25/10TUPY, MARCUS253.55 06/25/10WARNER, CAROLYN316.80 06/25/10WEDES, CARYL98.00 06/25/10WEEVER, NAOMI21.75 06/25/10WOLFGRAM, MARY788.25 06/25/10WOLFGRAM, TERESA13.39 06/25/10WOODMAN, ALICE69.00 06/25/10YOUNCE, BLAISE119.63 06/25/10BOSLEY, CAROL359.78 06/25/10GIERNET, ASHLEY88.25 06/25/10LANGER, CHELSEA165.00 06/25/10LANGER, KAYLYN144.00 06/25/10ZAGER, LINNEA811.50 06/25/10BEHAN, JAMES2,268.68 06/25/10BOWMAN, MATTHEW307.00 06/25/10COLEMAN, PATRICK261.00 06/25/10DOUGLASS, TOM1,339.32 06/25/10LONETTI, JAMES480.00 06/25/10MALONEY, SHAUNA142.50 06/25/10PRINS, KELLY1,255.62 06/25/10REILLY, MICHAEL1,915.75 06/25/10SCHOENECKER, KYLE117.81 06/25/10THOMPSON, BENJAMIN264.00 06/25/10VALERIO, TARA334.40 06/25/10WILLIAMS, DAELA210.25 06/25/10ZIELINSKI, JESSICA195.75 06/25/10FINWALL, SHANN3,138.95 06/25/10AICHELE, CRAIG2,181.11 06/25/10PRIEM, STEVEN2,390.15 06/25/10WOEHRLE, MATTHEW2,255.63 06/25/10BERGO, CHAD2,651.63 06/25/10FOWLDS, MYCHAL3,469.86 06/25/10FRANZEN, NICHOLAS2,699.11 06/25/10PALMA, STEVEN2,769.31 100909306/25/10STEFFEN, LAINIE378.00 100909406/25/10RICHTER, CHARLENE136.00 100909506/25/10LYNCH, KATHERINE1,840.96 100909606/25/10SLINGER, AARON1,840.96 100909706/25/10DVORAK, ADAM996.00 100909806/25/10PUHL, MATTHEW384.00 100909906/25/10GRAVES, CONNIE153.00 100910006/25/10MALLET, AMANDA292.88 100910106/25/10MARTIN, ARIELLE124.00 100910206/25/10MUELLNER, CHADD360.00 100910306/25/10VUKICH, CANDACE19.25 100910406/25/10KLOOZ, AUSTIN651.00 100910506/25/10ANDERSON, ALYSSA14.50 100910606/25/10BUESING, DYLAN51.45 100910706/25/10CRANDALL, KRISTA90.63 PacketPageNumber55of183 100910806/25/10FLUEGEL, LARISSA87.00 100910906/25/10GIPPLE, TRISHA29.00 100911006/25/10JOYER, ANTHONY68.45 100911106/25/10MCCORMACK, MELISSA69.83 100911206/25/10MCLAURIN, CHRISTOPHER451.01 100911306/25/10MCMAHON, MELISSA84.38 100911406/25/10MCMAHON, MICHAEL29.40 100911506/25/10MORIS, RACHEL16.00 100911606/25/10NORTHOUSE, KATHERINE14.50 100911706/25/10NWANOKWALE, EMMA14.50 100911806/25/10PIEPER, THEODORE67.50 100911906/25/10QUANT, JENNA15.20 100912006/25/10ROSTRON, ROBERT508.35 100912106/25/10SCHMIDT, EMILY269.80 100912206/25/10SCHMIDT, JOHN96.00 100912306/25/10TATEOSIAN, SAMANTHA66.15 100912406/25/10VIMR, CAYLA34.63 100912506/25/10DANIEL, BREANNA545.25 100912606/25/10EVERSON, SARAH60.00 100912706/25/10HER, KIM71.25 100912806/25/10HER, MARINA50.00 100912906/25/10PENN, CAYLA126.00 100913006/25/10PRIACE, MATTHEW72.00 100913106/25/10PRICE, NATHAN72.00 100913206/25/10HANSON, MATTHEW228.75 100913306/25/10SCHULZE, KEVIN480.00 100913406/25/10STEFFEN, MICHAEL87.00 100913506/25/10HAIDER, JR, THOMAS397.50 512,076.22 PacketPageNumber56of183 Transaction DatePosting DateMerchant NameTransaction AmountName PacketPageNumber57of183 PacketPageNumber58of183 PacketPageNumber59of183 TOTAL$72,011.03 PacketPageNumber60of183 ITEM #G2 AGENDA REPORT RESOLUTION ACCEPTING ELECTION JUDGES RESOLVED Page 1 of 2 PacketPageNumber61of183 Recommendation Page 2 of 2 PacketPageNumber62of183 Agenda Item G3 AGENDA REPORT TO: FROM: DATE: RE: Introduction RESOLUTION Recommendation PacketPageNumber63of183 Agenda Item G4 AGENDA REPORT TO: FROM: DATE: RE: Introduction RESOLUTION Recommendation PacketPageNumber64of183 PacketPageNumber65of183 RESOLUTION AUTHORIZING GIFT TO CITY PacketPageNumber66of183 AGENDA REPORT TO: James Antonen, City Manager FROM: Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT:Castle Avenue Improvements, Project 08-12, Resolution Approval of Approving Final Payment and Acceptance of Project DATE: July 2, 2010 INTRODUCTION The contractor, T.A. Schifsky and Sons, has completed the project improvements for the Castle Avenue Improvements, City Project 08-12. The city council will consider approving the attached resolution for acceptance of the project and approving final payment to the contractor. BACKGROUND The public improvements for Castle Avenue were ordered by the City Council on January 12, 2009. On May 11, 2009, the council awarded T.A. Schifksy and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $797,685.05. Construction began in June of 2009 and was completed in November of 2009. No change orders were required for this project. The final construction cost is $772,140.61. The final construction cost is $25,544.44 below the approved contract amount, which translates into a project savings. BUDGET The current approved budget for the project is $1,361,200. The current expenses incurred to date total $1,270,308.40 so there will be an overall project savings. Once all financial transactions have been completed staff will bring back the final financing plan and recommend closure of the project fund. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Castle Avenue Improvements, City Project 08-12, Approving Final Payment and Acceptance of Project. Attachments: 1. Resolution 2. Location Map 3. Final Payment Application PacketPageNumber67of183 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 08-12 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08-12, the Castle Avenue Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Castle Avenue Improvements, City Project 08-12, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Project 08-12 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $772,140.61. Final payment to T.A. Schifsky and Sons, Incorporated, and the release of any retainage or escrow is hereby authorized. th Approved this 12 day of July 2010. PacketPageNumber68of183 PacketPageNumber69of183 PacketPageNumber70of183 PacketPageNumber71of183 PacketPageNumber72of183 PacketPageNumber73of183 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko. Community Development and Parks Director Jim Taylor, Recreation Program Supervisor Audra Robbins, Recreation Program Supervisor SUBJECT:Recommend Approval of Contract with SEH to Complete the Goodrich Park Master Plan DATE: July 6, 2010 INTRODUCTION Goodrich Park is a 24 acre park located at 1980 North Saint Paul Road. The city originally entered into a 25 year lease with Ramsey County in 1971. When the lease ended in 1996 the park became city property. The park has three high use softball fields that take up less than half of the park. Goodrich Park is one of our most used and visible parks and is in need of redevelopment. The master plan would include redevelopment of any areas not on the playing surface of the ball fields. DISCUSSION Attached is the SEH contract proposal for the Goodrich Park Master Plan. The contract was recommended for approval by the Parks and Recreation Commission at their June meeting. Monies are available in the Park Development Fund (403) for the creation of the Goodrich Park Master Plan. Additionally in the Capital Improvement Plan there is $100,000 in 2011 and $400,000 in 2013 for the implementation of the Master Plan. RECOMMENDATION Staff recommends the City Council approve the contract with SEH to complete the Goodrich Park Master Plan in the amount of $14,500 with a total budget of $18,000 for other incidental work that needs to be done by the City. Attachments 1 -Proposal from SEH PacketPageNumber74of183 PacketPageNumber75of183 PacketPageNumber76of183 PacketPageNumber77of183 PacketPageNumber78of183 PacketPageNumber79of183 PacketPageNumber80of183 PacketPageNumber81of183 PacketPageNumber82of183 PacketPageNumber83of183 PacketPageNumber84of183 PacketPageNumber85of183 PacketPageNumber86of183 Agenda Item I.1 MEMORANDUM TO: Jim Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Political Campaign Sign Ordinance Amendment – Second Reading APPLICANT: City of Maplewood DATE: July 6, 2010 for the July 12 City Council Meeting INTRODUCTION On March 3, 2010, Governor Pawlenty signed a bill into law (Chapter 184) that moves the state primary to the second Tuesday in August (to be held on August 10 this year). The law also moves city primaries in state general election years to the same day. Previously, the primary was held on the first Tuesday after the second Monday in September. The city’s election ordinance at Section 2-37 states that local primary elections will be held the second Monday in September in each odd-numbered year (non-state general election years). This ordinance was adopted to match the previous state general primary election dates. To ensure local primary election dates are consistent with the new state primary election dates, Karen Guilfoile, city clerk, will be proposing an amendment to the city’s ordinance in the near future. The amendment will change the local primary election dates to reflect the state law and be held on the second Tuesday in August, regardless of odd or even numbered years. BACKGROUND On June 28, 2010, the city council adopted the first reading of the political sign ordinance amendment. No changes were requested during the first reading. DISCUSSION Existing Political Campaign Sign Ordinance The city’s existing sign ordinance allows political campaign signs for local regular elections and referendums to be posted from August 1 until ten days following said election or referendum. The new state law changing the primary election date also revised the state statute dealing with political campaign sign regulations during a state general election year. State Statute at Section 211B.045 now requires that all cities, whether or not the city has an ordinance that regulates the size or number of noncommercial (political campaign) signs, to allow these signs to be posted from 46 days before the state primary in a state general election year until ten days following the state general election. This means that during the state general election years the city must allow signs to be posted 46 days prior to the primary election (this year that date was June 25) rather than be posted from August 1. 1 PacketPageNumber87of183 Proposed Change To ensure consistency with state statute, regardless of when the city’s primary election is held (either the second Tuesday in August or first Tuesday after the second Monday in September); the city should amend its political campaign sign ordinance to reflect the state requirements for the placement of political campaign signs. Staff is proposing that the city’s sign ordinance be amended to allow political campaign signs for local regular elections and referendums to be posted from 46 days before, and ten days following, said election or referendum. RECOMMENDATION Adopt the attached political campaign sign ordinance (Attachment 1). This ordinance amends the city’s sign ordinance pertaining to the time limit political campaign signs can be posted during local regular elections. P:\com_dvpt\ord\political sign ordinance 7-12-10 cc Attachments: 1. Political Campaign Sign Resolution 2 PacketPageNumber88of183 Attachment 1 ORDINANCE NO. ________ AN ORDINANCE AMENDING THE POLITICAL CAMPAIGN SIGN SECTION OF THE SIGN ORDINANCE The Maplewood city council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Article III (Sign Regulations) at Section 11(k) (Political Campaign Signs). Additions are underlined and deletions are crossed out. (k) Political Campaign Signs (1) For local regular elections and referendums, political campaign signs may be posted from August 1 forty-six (46) days before the local general election or referendum until ten (10) days following said election or referendum. (2) For local special elections and referendums, political campaign signs may be posted from date of filing until ten (10) days following said special election or referendum. (3) Unsuccessful primary candidates must remove their signs within ten (10) days after any given primary. (4) Political campaign signs shall not exceed sixteen (16) square feet and six (6) feet in height. (5) The number of political campaign signs on one property during an election season is limited to one (1) per candidate and one (1) per opinion/ballot issue. (6) All political campaign signs shall be setback at least five (5) feet from the edge of the nearest street and at least one (1) foot from any sidewalk or trail. Said signs shall not be placed between a street and a sidewalk or trail or at any other location that obstructs driver or pedestrian visibility. The consent of the underlying property owner, if the underlying land is a public right-of-way, or the property owner fronting the proposed location, must be obtained before placement of such sign. In addition, political campaign signs are prohibited on obviously public property and utility poles. (7) In a state general election year, the size, number, and duration of political campaign sign displays shall comply with the provisions of Minnesota Statute 211.B.045, and nothing in this ordinance shall be construed as applicable except location restrictions. Section 2. This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on July 12, 2010. ______________________________________ Mayor Attest: ________________________________________ City Clerk PacketPageNumber89of183 THIS PAGE IS INTENTIONALLY LEFT BLANK PacketPageNumber90of183 AGENDA REPORT TO: James Antonen, City Manager FROM: Steven Love, Assistant City Engineer SUBJECT: Consideration of Neighborhood Stop Sign Requests DATE: June 24, 2010 INTRODUCTION The City Council has a policy to consider stop sign requests once per year. Two requests were received from neighborhood groups for the installation of stop signs. Council review of each request is recommended. BACKGROUND Sign requests were made at the following intersections: Southcrest Avenue and O’Day Street – Petitioners are requesting to make the intersection an all- way stop in order to limit the speed of traffic. Atlantic Street and Junction Avenue – This intersection was previously signed as an all-way stop. In 2006 a petition was submitted and brought before the City Council after which the stop signs on Junction Avenue were removed. Petitioners are requesting to reinstall the stop signs to slow down traffic along Junction Avenue given the poor sight distances due to the existing profile grade at the intersection and east of the intersection on Junction Avenue. Location maps and petitions for the sign request, with a minimum of 12 property owner signatures, are attached as required by the City Council policy. In accordance with the stop sign policy, the issue of neighborhood stop signs will be considered once a year. Petitioners and residents within a 500-foot radius of the affected intersection have been notified by mail and invited to the council meeting. The letter to the residents and the petitioner were mailed the week of June 21, 2010. The letter urged residents to attend the meeting if they wished to have their opinions heard and to call the Public Works Department if they had any questions. BASIS FOR RECOMMENDATIONS Stop signs are effective traffic control devices when used in the proper locations and under the correct conditions. Stop signs are effective when used to prevent crashes at busy intersections and to control vehicle right-of-way. The placement of stop signs in the city is regulated by, and consistent with, the Minnesota Manual of Uniform Traffic Control Devices (MnMUTCD). The following are some of the minimum requirements set by the MnMUTCD for an all-way stop: 5 or more reported crashes in a 12 month period that are susceptible to correction by an all-way stop installation Vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any 8 hours of an average day PacketPageNumber91of183 When stop signs are installed inappropriately, they are often times ignored by drivers who view them as an unnecessary interruption in traffic flow. Unwarranted stop signs cause some drivers to become frustrated and speed between stops or roll through them. Stop signs should not be used to control the volume of traffic or to decrease speed of traffic as they have been proven to be ineffective in speed control and can lead to drivers disregarding all stop signs, even the warranted signs. SIGN RECOMMENDATIONS The following recommendations and the basis for approval or denial of the sign requests are given below: Southcrest Avenue and O’Day Street –At this time staff does not support the request to install an all- way stop at this intersection. There are no records of crashes within the last 12 months at this intersection. The major approach has an average peak hourly volume of 16 vehicles. This is significantly less than the minimum value required of 300 vehicles. There are no significant sightline impacts at this intersection or profile grade issues. The petition also included a request for a Children at Play sign to be located on Southcrest if possible to slow down traffic. The city’s policy on Children at Play signs discourages the use of these types of signs. The use of these signs are generally limited to areas directly adjacent to schools, parks and playgrounds, where the number of children is typically greatest. The city discourages the use of these signs in other areas because they will lessen the significance of the signs and give a false sense of security. Studies have shown that these signs have little to no effect on speed or accident reduction. Currently all entrances to this neighborhood have Watch For Children signs posted as you exit off of Highwood Avenue into this neighborhood. Therefore staff is not supportive of the request for the installation of additional Children at Play signs at this time. Atlantic Street and Junction Avenue – Staff is supportive of the request to install an all-way stop at this intersection, pending the amount of neighborhood support shown at the council meeting in favor of the petition. There are no records of crashes within the last 12 months at this intersection. The major approach has an average peak hourly volume of 52 vehicles. This is significantly less than the minimum value required of 300 vehicles. There are profile grade impacts at this intersection. These impacts will be lessened to some degree by the street reconstruction project through the lowering of the intersection elevation by approximately 0.70 feet. This intersection was previously signed as an all-way stop prior to 2006. If enough neighborhood support is demonstrated at the council meeting staff would recommend the approval of the reinstallation of stop signs on Junction Avenue at Atlantic Street. RECOMMENDATION SUMMARY At this time staff does not support the request to install an all-way stop at the intersection of Southcrest Avenue and O’Day Street or the request of additional Children at Play signs along Southcrest Avenue. If enough neighborhood support is demonstrated at the council meeting staff would recommend the approval of the request for an all-way stop at the intersection of Atlantic Street and Junction Avenue. Attachments: 1. Location Map 2. Petitions PacketPageNumber92of183 Intersection of Junction Avenue and Atlantic Street Intersection of Southcrest Avenue and O’Day Street PacketPageNumber93of183 PacketPageNumber94of183 PacketPageNumber95of183 PacketPageNumber96of183 PacketPageNumber97of183 MEMORANDUM PacketPageNumber98of183 AGENDAREPORT TO FROM: SUBJECT: DATE: INTRODUCTION: HISTORY OF THE HRC IN MAPLEWOOD: DISCUSSION: PacketPageNumber99of183 RECOMMENDATION: 2 PacketPageNumber100of183 Ordinance No. ___ HUMAN RIGHTSCOMMISSION* Division 2. Human Rights Commission __________ *Cross references: Article IV Boards, Committees and Commissions *State law references: Department of Human Rights, Minn. Stat. Ch. 363. __________ Sec. 2-186. Human rights commission. Sec. 2-186. Statement of Public Policy and Mission It is hereby declared by the City Council that it is the public policy of the City to fulfill its responsibility as a partner of the State Department of Human Rights in assisting the State in obtaining equal opportunity in housing, employment, public accommodations, public services and education for all its citizens and to work consistently to improve the human rights climate of the City. To this end the City Council adopts this mission statement: The mission of the Maplewood Human Rights Commission is to aidandadvocate for equal opportunities for all citizens of Maplewood in: housing, employment, public accommodations, services and education, in addition to continuously working to improve human rights within the community. (Code 1982, § 2-71) State Law references – Minnesota Human Rights Act, Minn. Stats, Ch. 363; State Department of Human Rights, Minn. Stats. § 363.04 et seq. Sec. 2-187. Established There is hereby established, within the City of Maplewood, a Human Rights Commission. (Code 1982, § 2-72) Sec. 2-188. Purpose The purpose of the Human Rights Commission is to aid and advise the City Council in ensuring for all citizens of the City equal opportunity in those areas protected by law; and to aid and advise the City Council regarding other human rights related concerns. Sec. 2-189. Composition; appointment; terms; compensation; removal (1)The commission will be composed of seven voting members. No member may serve more than three consecutive terms. However, terms may be extended if there is a shortage of suitable applicants. All terms end on the first day of May in the year in which they expire. (2)The members of the Commission will be appointed by the City Council after due consideration has been given to their interest and commitment to civil and human rights PacketPageNumber101of183 principles; to their knowledge in the fields of employment, housing, public accommodations, public services, veterans’ rights, social work, education and other areas affected by the state human rights act (Minn. Stat. Ch. 363); to their ability to serve in a genuine leadership role inthe community by virtue of their positions of responsibility in business and civic affairs; to their ability to provide adequate representation of the classes of persons protected under the State Human Rights Act; and to recommendations obtained from various sources including other human rights committees or commissions. (3)All members will be appointed for three-year terms that are staggered in order to provide continuity of policy and program. No member may serve more than three consecutive full terms except as noted above. (4) The members of the Commission shall serve without compensation and may be removed from office pursuant to the policies and procedures established by the City for all boards and commissions. (5)The City Council should also attempt to appoint members based on the following criteria in order to help ensure that the representation on the Commission has the necessary background and experience to effectively perform its duties: a. At least two members shouldhave a backgroundand experience inone or more of the following areas:public housing, civil rights, veterans’ rights, education, employment or social work. b. At least one member shouldbe a lawyer with sufficient background and experience in one or more of the areas noted above to provide meaningful support to the Commission. c. At least one member should represent business interests within the community. d. Up to two members may be at-large members from outside Maplewood; the remaining members should be Maplewood residents. (Ord. No. 807, 4-18-95; Ord. No. 818, 10-3-95; Ord. No. 877, § I, 7-6-95; Ord. No. 877, §§ 1A, 1B, 7-6-99; Ord. No. 1008, § 3, 7-7-09) Sec. 2-190. Duties and Responsibilities In fulfillment of the purpose of this division, the duties and responsibilities of the Human Rights Commission must: (1)Study and review programs and policies and aid the City Council in enlisting the cooperation of agencies, organizations and individuals in the City in an active program directed to create equal opportunity and eliminate discrimination and inequalities. (2)Advise and aid the City Council in implementing recommendations that may be appropriate to the City including, but not limited to: a.Specific programs of public information regarding the statutoryrequirements of the Minnesota State Human Rights Act (Minn. Stat. Ch. 363). b. Comprehensive studies and surveys of practices in the community. c.Programs of affirmative action to be developed with employers, the housing industry, the educational institutions and government agencies. d.Programs of review to give and gain information regarding compliance with state requirements concerning equal opportunity. e.Programs designed to alleviate community tension and embrace and celebrate PacketPageNumber102of183 diversity. f.Programs designed to create a genuine climate of community readiness to accept orderly and demonstrable change in eliminating barriers to equal opportunity. (3)Attempt to conciliate, within its authority, all grievances involving discrimination occurring within the City and make all appropriate reports to the City Council and State Department of Human Rights. (4)Establish committees, as the Commission finds it to be necessary, in the following areas: a. Employment and housing. b. Public information. c. Public services d.Legislation. e.Liaison with other organizations including other city commissions and agencies. (5)Perform such other functions concerning human rights as the City Council may from time to time direct. (6) Prepare andsubmit a report to the City Council on a semi-annual basis describing its actions and activities during the year, along with recommendations for changes which the Commission may deem desirable. (7) The Commission must formulate bylaws to govern all other matters relating to the conduct and operation of the Commission, officers and duties, dates and conduct of meetings, quorum and other relevant matters including, but not limited to, amendments of the bylaws. The bylaws of the Commission and any amendments thereto must be submitted to the City Council for approval. (Code 1980, § 25.01) Cross references: Conditions for appointment to City Boards and Commissions, § 22- 8. The approval of Ordinance No. ____ does hereby repeal City Code Section 2-186 through 2-190. PacketPageNumber103of183 Agenda Item J.4 MEMORANDUM TO: Jim Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner DuWayne Konewko, Community Development and Parks Director SUBJECT: Resolution Identifying the Need for Livable Communities Demonstration Account Funding and Authorizing an Application for Grant Funds LOCATION: Gladstone Neighborhood - Frost Avenue and English Street DATE: July 6, 2010 for the July 12 City Council Meeting INTRODUCTION City staff is requesting that the city council adopt the attached resolution (Attachment 1). This resolution is required by the Metropolitan Council as part of the city’s application for a demonstration grant through the Livable Communities Demonstration Account (LCDA) Program. This program was established by the Livable Communities Act (MN Statutes Chapter 473.25(b)) and provides funds for development or redevelopment projects that connect development with transit, intensify land uses, connect housing and employment, provide a mix of housing affordability, and provide infrastructure to connect communities and attract investment. The city is requesting a grant in the amount of $1,450,000 in order to help fund the proposed Phase I capital improvements in the Gladstone Redevelopment project area (Attachment 2) including: 1. Reconstruction and /or rehabilitation of Frost Avenue between Highway 61 and Phalen Place. These improvements include the installation of a raised median along a portion of the roadway, streetlight installation, and the construction of a roundabout at the Frost Avenue and East Shore Drive intersection. 2. Construction of stormwater improvements on or adjacent to The Shores at Lake Phalen development site (Frost Avenue storm sewer modifications, several rainwater gardens, existing wetland enhancement). 3. Extension of sanitary sewer along East Shore Drive to serve the proposed The Shores at Lake Phalen development. These improvements are needed as part of the redevelopment of the St. Paul Tourist Cabin site (940 Frost Avenue). Maplewood Senior Living, LLC is proposing to construct a senior housing development (The Shores at Lake Phalen) on the site. The first phase of the development is proposed to include a 105 unit three story low- to moderate-income assisted living facility. This includes 32 memory care apartments and 73 assisted living units. Construction of the first phase is currently planned to begin in fall of 2010 and be completed by the end of 2011. A future phase of development is proposed to include 56 apartments on the southern portion of the site. BACKGROUND November 2003 the City of Maplewood received an $8,000 LCDA grant from the Metropolitan Council in order to hire a planning consultant to develop a redevelopment concept plan for the Gladstone Neighborhood. PacketPageNumber104of183 March 2007 the city council approved the Gladstone Neighborhood Redevelopment Plan, which is a guide to redevelopment in the Gladstone Neighborhood. The Plan includes a conceptual redevelopment plan, housing densities, and commercial components which are based on market forces and other redevelopment variables existing at the time of adoption. December 4, 2006, the Metropolitan Council awarded a $1.8 million LCDA grant to the City of Maplewood for public improvements associated with Phase I redevelopment of the Gladstone Neighborhood. Phase I included the redevelopment of the St. Paul Tourist Cabin site (940 Frost Avenue) with a 180-unit senior housing development. December 31, 2009, the City of Maplewood was forced to rescind the $1.8 million LCDA grant due to the original redevelopment proposal for the St. Paul Tourist Cabin site falling through. January 25, 2010, the city council adopted the 2030 Comprehensive Plan, which reguides the land use designation in the Gladstone Neighborhood to meet the use and density as proposed in the Gladstone Neighborhood Redevelopment Plan. DISCUSSION Gladstone Zoning The last step in the implementation of required land use changes in the Gladstone Neighborhood include rezoning properties that have had their land use designations reguided in the city’s 2030 Comprehensive Plan. Rezoning changes are not needed on the St. Paul Tourist Cabin site. That site was previously zoned high density residential, which reflects the land use and Gladstone Neighborhood Redevelopment Plan designations. Rezoning will be needed for areas of the Neighborhood which were previously guided commercial. The zoning change must meet the use and density proposed in the Gladstone Neighborhood Redevelopment Plan. City staff is proposing to review the Gladstone Neighborhood Redevelopment Plan and the zoning changes needed with the city council during a workshop on August 2. LCDA Grant Funds The Metropolitan Council has available LCDA grant funds of $6.5 million for 2010 for communities seeking funding for development or redevelopment projects that meet the goals of the 2030 Regional Development Framework as follows: • Develop land uses in centers linked to the local and regional transportation systems; • Efficiently connect housing, jobs, retail centers and civic uses; • Develop a range of housing densities, types and costs; and • Conserve, protect and enhance natural resources by means of development that is sensitive to the environment. Redevelopment of the St. Paul Tourist Cabin site within the Gladstone Neighborhood will meet all of these goals. In addition to meeting these goals, the Metropolitan Council expressed support for the redevelopment of the Gladstone Neighborhood in 2003 with the granting of $8,000 to the City of Maplewood for the initial planning study, in 2006 with granting of the $1.8 million LCDA grant, and in 2010 with the adoption of the city’s 2030 Comprehensive Plan. 2 PacketPageNumber105of183 Local Resolution As part of the LCDA grant process, the Metropolitan Council requires that a resolution be adopted by the city council in support of the grant application. This resolution must be submitted to the Metropolitan Council no later than August 19, 2010. This resolution must authorize the grant application and identify the need for LCDA funding, such that the project could not occur in the foreseeable future “but-for” LCDA funds. The Metroplitan Council supplied the city with an example resolution for use in this regard (Attachment 1). RECOMMENDATION Adopt the attached resolution (Attachment 1) showing the city’s intent to comply with the Livable Communities Demonstration Account Program contract requirements for the requested $1.45 million development grant for capital improvements in the Gladstone Neighborhood. p:com_dvpt\Gladstone\2010 Livable Communities\Resolution Memorandum Attachments: 1. Livable Communities Demonstration Resolution 2. Gladstone Neighborhood Phase I Redevelopment Site Plan 3 PacketPageNumber106of183 Attachment 1 RESOLUTION NO. _____ CITY OFMAPLEWOOD,MINNESOTA RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS WHEREAS the City of Maplewood is a participant in the Livable Communities Act’s Housing Incentives Program for 2010 as determined by the Metropolitan Council, and is therefore eligible to apply for Livable Communities Demonstration Account funds; and WHEREAS the City has identified a proposed project within the City that meets the Demonstration Account’s purposes and criteria and is consistent with and promotes the purposes of the Metropolitan Livable Communities Act and the policies of the Metropolitan Council’s adopted metropolitan development guide; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration; and WHEREAS the City certifies that it will comply with all applicable laws and regulations as stated in the grant agreement; and WHEREAS the City agrees to act as legal sponsor for the project contained in the grant application submitted on July 19, 2010; and WHEREAS the City acknowledges Livable Communities Demonstration Account grants are intended to fund projects or project components that can serve as models, examples or prototypes for development or redevelopment projects elsewhere in the region, and therefore represents that the proposed project or key components of the proposed project can be replicated in other metropolitan-area communities; and WHEREAS only a limited amount of grant funding is available through the Metropolitan Council’s Livable Communities Demonstration Account during each funding cycle and the Metropolitan Council has determined it is appropriate to allocate those scarce grant funds only to eligible projects that would not occur without the availability of Demonstration Account grant funding. PacketPageNumber107of183 NOW THEREFORE BE IT RESOLVED that, after appropriate examination and due consideration, the governing body of the City: 1.Finds that it is in the best interests of the City’s development goals and priorities for the proposed project to occur at this particular site and at this particular time. 2.Finds that the project component(s) for which Livable Communities Demonstration Account funding is sought: (a)will not occur solely through private or other public investment within the reasonably foreseeable future; and (b)will not occur within two years after a grant award unless Livable Communities Demonstration Account funding is made available for this project at this time. 3.Represents that the City has undertaken reasonable and good faith efforts to procure funding for the project component for which Livable Communities Demonstration Account funding is sought but was not able to find or secure from other sources funding that is necessary for project component completion within two years and states that this representation is based on the following reasons and supporting facts: List reasons and supporting facts here: A fundamental assumption on the outset of the Gladstone Neighborhood Redevelopment process has been that redevelopment must be self-sufficient and that revenues needed to pay for redevelopment activities must come from new development. General, city-wide property taxes should not be used to finance redevelopment activities for public improvements. 4. Authorizes its city staff to submit on behalf of the City an application for Metropolitan Council Livable Communities Demonstration Account grant funds for the project component(s) identified in the application, and to execute such agreements as may be necessary to implement the project on behalf of the City. th Adopted this 12 day of July, 2010. ___________________________________ ___________________________________ Mayor Clerk PacketPageNumber108of183 2 PacketPageNumber109of183 MEMORANDUM TO: FROM: SUBJECT: The Shores at Lake Phalen—Planned Unit Development, Wetland Buffer Variance, Lot Division and Design Review APPLICANTS: LOCATION: DATE: INTRODUCTION Project Description Requests PacketPageNumber110of183 BACKGROUND DISCUSSION PacketPageNumber111of183 PacketPageNumber112of183 Unit Sizes Height Storage Space PacketPageNumber113of183 Parking Parking Space Width Front Yard Setback PacketPageNumber114of183 Side Yard Setback: Site Plan PacketPageNumber115of183 Trails Building Elevations PacketPageNumber116of183 Tree Preservation Landscaping Lighting PacketPageNumber117of183 TrashEnclosure Signage PacketPageNumber118of183 OTHER COMMENTS Standards for the Installationof Water Mains COMMITTEE ACTION PacketPageNumber119of183 RECOMMENDATIONS PacketPageNumber120of183 PacketPageNumber121of183 PacketPageNumber122of183 PacketPageNumber123of183 PacketPageNumber124of183 CITIZEN COMMENTS PacketPageNumber125of183 REFERENCE INFORMATION SITE DESCRIPTION SURROUNDING LAND USES PLANNING CRITERIA FOR APPROVAL PacketPageNumber126of183 Application Date PacketPageNumber127of183 The Shores at Lake Phalen: Project Narrative June 15, 2010 The Shores at Lake Phalen Gateway to Gladstone ( proposed project signage along Frost Ave) Introduction This lakeside property, on the north side of the Lake Phalen, provides a setting for a very successful low- to moderate-income assisted living for senior residents in the City of Maplewood. Our project, The Shores at Lake Phalen, has been designed to accommodate seniors looking for a more affordable assisted living option than the senior facilities currently available in Maplewood. Assisted living residences or assisted living facilities (ALFs) are a very good investment now as they are not dependent on home sales, but are more dependent on an age group who need services in an apartment setting (see market study). ALFs provide supervision or assistance with activities of daily living; coordination of services by outside health care providers and monitoring of resident activities to help to ensure a residents health, safety, and well-being. Assistance may include the administration or supervision of medication, or personal care services provided by a trained staff person. Assisted living, as it exists today, emerged in Minnesota in the 1990s as an eldercare alternative on the continuum of care for people, normally seniors, for whom independent living is no longer appropriate, but who do not need the 24-hour medical care provided by a nursing home. Assisted living is a philosophy of care and services promoting independence and dignity. There is no nationally recognized definition of assisted living in the United States. ALFs are regulated and licensed at the state level. More than two-thirds of the states use the licensure term "assisted living." Other licensure terms used for this philosophy of care include Residential Care Home, Assisted Care Living Facilities, and Personal Care Homes. Each state licensing agency has its own definition of the term it uses to describe assisted living. As varied as the state licensing and definitions are, so are the types of physical layouts of buildings that provide assisted living services. ALFs can range in size from a small residential house for three residents up to very large facilities providing services to hundreds of residents. An assisted living falls somewhere between an independent living community and a skilled nursing facility in terms of the level of care provided to its residents. Below are the high points of what we feel are the key issues regarding this specific project, The Shores at Lake Phalen, proposed on the site of the former Saint Paul Tourist Cabin (mobile home park) site at 940 Frost Avenue. Application Requests This site was approved in the 2006 comprehensive plan to have 180 units of senior oriented housing. The Planning Commission, Community Design Review Board and City Council approved a Kaas Wilson Design of a 4 story 180 unit ALF on this site in December of 2007 with the following attributes: 1. Vacation of the existing sewer which is shared between lots and coordination of a new line to city sewer services. 2. Preliminary Plat Approval 3. Community Design Review Board approval for project function and appearance Tel: 612.879.6000 2104 4 th Avenue South, Suite B, Minneapolis, MN 55404 www.kaaswilson.com PacketPageNumber128of183 4. Conditional use permit for the P.U.D. a planned unit development for the development of senior housing within the shoreland overlay district. 5. Four story Height The new Development will be asking for a reduced number of senior units: 105 units, and only three stories in height. The concept plan will show a future housing component of 56 apartments to the south. Goals of the project from the city perspective It is the hope of the development team that this project will fulfill many community based goals: 1. Become the Gateway to the Gladstone Neighborhood. The Frost Avenue façade will be examined closely by the city (see signage shown above). 2. Clean up a blighted site that was a nuisance to the police department, contained uncapped wells, and contributed polluted runoff that flowed into Lake Phalen. 3. Senior Housing with services is the best use of the site. Statistics from the state demographer’s office indicate that every large city in Minnesota has, or will have, a significant need for senior housing. Senior housing with services also helps to stem economic issues related to the rising costs of health care in our community. 4. It is a goal of this project to provide supervised common spaces, in the building, for seniors in the community to come and use. We hope these common areas will become an asset to the Gladstone Neighborhood and surrounding community. 5. The project will create over 120 jobs which, with city bus service, could all be locally supported by Maplewood residents. 6. The project will provide filtration for a substantial amount of stormwater runoff, from Frost Avenue and the site, currently polluting Lake Phalen. 7. The project will re-align the malfunctioning sewer system running adjacent to the site. Services There will be 32 memory care apartments with secure common areas for people with light dementia. There will be 73 assisted living units with kitchens in each apartment. Three meals a day will be provided in two spacious dining areas. There will be a club room open to seniors in the community. Other amenities include a beauty shop and spa, a library, a computer center, a craft room, and an exercise/fitness room. These spaces are designed to promote activity and interaction amongst guests, clients and staff. The building will be staffed and managed by Southview Senior Living Communities, who is a partner in the project and has very successful senior living projects already in operation in the metro area. Description of Building Exterior From the integrated stone signage marking the entrance to the Gladstone Neighborhood, to the stone accented façade along Frost and the main entry, it is the goal that this be a respectable facility for the City of Maplewood. The remainder of the building will be brick, Hardi-Panel and Hardi-Plank. All facias and soffits will be maintenance free. Mechanical equipment over the dining room will be screened along Frost Avenue, and residential ground based air-conditioners will have landscape screens. Tel: 612.879.6000 2104 4 th Avenue South, Suite B, Minneapolis, MN 55404 www.kaaswilson.com PacketPageNumber129of183 The Shores at Lake Phalen: Parking June 15, 2010 We are requesting a variance for the amount of required parking to be provided by The Shores at Lake Phalen senior living project. Typically, the majority of residents in an assisted living facility do not, or are unable to, drive. Furthermore, residents in a memory care situation cannot operate motor vehicles. Given that our project is exclusively an Assisted Living and Memory Care facility, few of the project's residents will ever drive, and most will not own a vehicle. Thus the majority of the parking for projects of this type is for staff and visitors, which greatly diminishes the necessary parking for the project as a whole. For The Shores, staff parking will be provided in the garage and visitor parking will be located on the surface, at the building entrance. Southview Senior Living Communities (SSLC), who will be the operator of The Shores, also owns/operates many other projects around the Twin Cities metropolitan area. In each case, there has been a significant reduction in the parking provided (below what is typically required for multi-family housing), and this reduction in parking has not negatively impacted the residents, staff or visitors of the project. In fact, the reduced parking allows for less site disturbance and greater pervious/landscaped area on site, which has substantial benefits - from added stormwater infiltration, to reduced heat island effects, and more. Here are the parking figures from some other Twin Cities metro-area projects owned/operated by Southview Senior Living Communities: The Shores ProjectInver Glen The Cascades Faribault 105 Units 103 10590 Unit Breakdown (MC/AL/IL) 33/31/39 15/56/34 14/51/25 32/73/0 28 Garage Parking Stalls 354928 Surface Parking Stalls 23273524 52 Total Parking 587663 It is important to note that the other SSLC projects listed are facilities which include "Independent Living" units. These units are occupied by able-bodied (and able-minded) seniors who live active and independent lifestyles. Most (or all) of the car-owning residents in these senior living facilities are "Independent Living" seniors. Since The Shores will be exclusively an Assisted Living and Memory Care facility, the necessary parking for the residents of this project will be significantly less than even the parking figures for the other three projects listed above. Essentially, the only necessary parking for The Shores project will be for staff and visitors. Given these considerations, while also bearing in mind the significant stormwater-related concerns on site, we feel that reducing the amount of required parking will be incredibly beneficial to the project itself, as well as the surrounding Gladstone Neighborhood and Lake Phalen. Kaas Wilson Architects would be happy to arrange a tour of the Inver Glen Senior Living facility for any City of Maplewood staff interested in seeing a Southview Senior Living Communities project firsthand. Tel: 612.879.6000 2104 4 th Avenue South, Suite B, Minneapolis, MN 55404 www.kaaswilson.com PacketPageNumber130of183 The Shores at Lake Phalen: Wetland Encroachment June 15, 2010 This site was approved in the 2006 comprehensive plan to have 180 units of senior-oriented housing. The Planning Commission, Community Design Review Board and City Council approved a Kaas Wilson design for a 180-unit assisted living facility on this site in December of 2007. At the time of approval the wetland on site was classified as a Class 5, and the approved plan included the reshaping and enhancement of the wetland on site, and construction occurring up to 25' from the surveyed edge of the wetland. Maplewood recently adopted a new wetland ordinance, and the wetland on site is now classified as a Manage C wetland, with a 50' minimum buffer width. It is important, however, to note the wetland does not currently function at all in an infiltration capacity, due to pollution and destruction of the natural water flow on and around the site, and contaminated stormwater currently flows through our site and into Lake Phalen without proper treatment. The current wetland on our site essentially functions as a stormwater pond. Under the direction of Short Elliott Hendrickson Inc., this wetland will be completely regraded and enhanced by the City of Maplewood, in addition to enhancements and regrading along Frost Avenue and East Shore drive, to restore it to healthy function. Due to the wetland not functioning, and other factors, this site has been a significant contributor of polluted runoff flowing into Lake Phalen. Kaas Wilson Architects is working closely with the city and its consultants to clean up the blighted site. Our project has been designed such that 100% of our stormwater is infiltrated on site. Additionally, we are providing a number of raingardens on our site, two of which are being deliberately oversized for the purpose of infiltrating the city's stormwater runoff, thus filtering contaminants before the water reaches Lake Phalen. These two raingardens will filter 13,776 cubic feet of the City's stormwater runoff, in addition to their on-site load of 1,488 cubic feet of runoff. This will vastly improve the overall state of stormwater runoff filtration from its current state. This project, particularly the Frost Avenue border of our site, will become the gateway to the proposed Gladstone Neighborhood. The city has expressed a desire to keep as many of the mature trees located in the northeast corner of the property as possible, and (as with the previous design) honoring this request has been a driving factor in the project's current design. While the scope of the project has been scaled back from the previously approved 2007 plan, the relationship of our building to the wetland is still similar to the previously-approved design. Proposed construction still occurs up to (but not less than) 25' from the wetland, and maintains approximately a 50' average buffer from the wetland. While this means construction will be closer to the wetland than the recently adopted ordinance allows, we feel - given the wetland is being completely reshaped and enhanced as part of the overall project - that honoring a 25' minimum buffer, while preserving as many of the mature trees on site as possible and providing additional raingardens to the city for the infiltration of stormwater runoff, presents the best solution for handling stormwater while still complying with the city's vision for the site and the Gladstone Neighborhood. Tel: 612.879.6000 2104 4 th Avenue South, Suite B, Minneapolis, MN 55404 www.kaaswilson.com PacketPageNumber131of183 The Shores at Lake Phalen: Lot Division June 15, 2010 Due to the economic strains that have arisen since the project was previously approved in 2007, it has become more difficult to acquire financing for large multi-family residential projects. While the demand for senior-oriented units is still there, the current market is more supportive of developments that are smaller in scale or constructed in phases. Consequently our project, The Shores at Lake Phalen, has been scaled back in scope from the previously-approved design of 180 units of senior housing to the proposed design of 105 units. Despite this reduction in size, it is still the desire of the City of Maplewood and the project team to address the entire site from a cleanup, stormwater and utilities standpoint. Improvements are to be made along Frost Avenue and the entire length of East Shore Drive. An existing sewer line running along the west edge of the property is to be abandoned and removed, and a new line constructed along East Shore Drive, which will serve The Shores project as well as the residential property to the east of the project, currently on a septic system. A new public walkway, by the City of Maplewood, will run from Lake Phalen along the west edge of East Shore Drive to the entrance drive for The Shores. From there, Kaas Wilson Architects will create a public walkway through the project site, connecting the City's East Shore Drive walkway with the Frost Avenue walkway to the northwest. Kaas Wilson Architects is working to address stormwater and enhancement concerns on the site in a comprehensive manner. Though the size of the building itself has been reduced, we feel it is still important to make civil, utilities and landscaping improvements to the entire site, and we are working with the City of Maplewood and its consultants to accomplish this. We have proposed a lot division which splits the overall property into two lots: a northern lot on which The Shores at Lake Phalen will be located, and a southern lot for future development. We feel this is the best solution to maintain the viability of a senior housing project on the site, while also addressing the City of Maplewood's concerns for civic improvements to the project site and the future Gladstone Neighborhood. This split also allows a viable project to be constructed on the southern lot in the future, ensuring the continued vitality of the Gladstone Neighborhood development from the City's standpoint. Tel: 612.879.6000 2104 4 th Avenue South, Suite B, Minneapolis, MN 55404 www.kaaswilson.com PacketPageNumber132of183 The Shores at Lake Phalen: Storage June 15, 2010 We are requesting a variance for the amount of required storage to be provided by The Shores at Lake Phalen senior living project. Typically, in senior housing projects, little storage space is required by residents outside of their units. Given the nature of this project, as exclusively an Assisted Living and Memory Care facility, the residents at The Shores will likely not need any storage space outside the closet space being provided in their units. Southview Senior Living Communities (SSLC), who will be the operator of The Shores, also owns/operates many other projects around the Twin Cities metropolitan area. In each case, there has been a significant reduction in the amount of storage provided (below what is typically required for multi- family housing), and this lack of dedicated storage space has not negatively impacted the residents. In fact, Southview Senior Living in West Saint Paul, the flagship project of Southview Senior Living Communities (which include "Independent Living" units), does not include any dedicated storage areas for its residents. Here are the storage figures from some other Twin Cities metro-area projects owned/operated by Southview Senior Living Communities: ProjectInver Glen The Cascades Faribault The Shores 105 Units 103 10590 Unit Breakdown (MC/AL/IL) 33/31/39 15/56/34 14/51/25 32/73/0 0 Storage Lockers 281023 It is important to note that the other SSLC projects listed are facilities which include "Independent Living" units. Since The Shores will be exclusively an Assisted Living and Memory Care facility, the storage space needed by its residents will be significantly less than even the figures for the other three projects listed above. Additionally "The Seasons at Maplewood," a senior living project approved for construction in the City of Maplewood earlier this year, is providing approximately 675 cubic feet total dedicated storage space for the entire project (between four storage closets on one level). The Seasons is a 150- unit project that includes Independent Living, and the storage space available to its residents is rentable - not dedicated to particular units. Given these considerations, we feel that reducing the amount of required storage area will be very beneficial to the project as a whole. Kaas Wilson Architects would be happy to arrange a tour of Southview Senior Living or Inver Glen Senior Living, for any City of Maplewood staff interested in seeing a Southview Senior Living Communities project firsthand. Tel: 612.879.6000 2104 4 th Avenue South, Suite B, Minneapolis, MN 55404 www.kaaswilson.com PacketPageNumber133of183 Attachment 2 The Shores of Lake Phalen— Request for Conditional Use Permit, CDRB Review , Wetland Variance and Lot Division Proposed Senior Housing Complex Location Map City of Maplewood May 25, 2010 NORTH PacketPageNumber134of183 WHITE BEAR AVE DIETER ST PacketPageNumber135of183 Attachment 4 The Shores of Lake Phalen— Request for Conditional Use Permit, CDRB Review , Wetland Variance and Lot Division Proposed Senior Housing Complex Zoning Map City of Maplewood May 25, 2010 NORTH PacketPageNumber136of183 PacketPageNumber137of183 PacketPageNumber138of183 PacketPageNumber139of183 PacketPageNumber140of183 PacketPageNumber141of183 PacketPageNumber142of183 PacketPageNumber143of183 PacketPageNumber144of183 City of Maplewood - Engineering Plan Review PROJECTNAME:The Shores Senior Living PROJECT NO: 10-11 REVIEWED BY: Michael Thompson, P.E., City Engineer SUBMITTAL NO:Submittal 1, May 25, 2010 REVIEW DATE: June 7, 2010 The applicant, Link Wilson of Kaas Wilson, who represents Maplewood Senior Living LLC, is proposing to build a 3-story (106-unit) senior housing complex on the Saint Paul Tourist Cabins site. The developer improvements would be coordinated with public improvement projectson Frost Avenue and East Shore Drive. The public improvements are proposed to include the following: Mill and overlay along Frost Avenue from approximately 250 feet east of Trunk Highway 61 (TH 61) to Phalen Place. The construction of a roundabout at the Frost Avenue and East Shore Drive intersection. The installation of street lighting along Frost Avenue. The installation of landscape/urban design enhancements along Frost Avenue from the Frost Bridge over Phalen Creek to Phalen Place. The construction of a 10’ wide bituminous trail along the south side of Frost Avenue from East Shore Drive to the west along the northerly boundary of The Shores property. The reconstruction of the existing bituminous trail on the east side of East Shore Drive from Frost Avenue to Lake Phalen. The construction of a pedestriansidewalk/trailalong the west side of East Shore Drive from development access driveway south to Lake Phalen. Extension of utilities on East Shore Dr N to service the development Restoration of the existing wetland on The Shores Senior Living property. Construction of stormwater treatment facilities including final construction of rain gardens (RG) 100, 101 and B2 on the Shores Senior Living property and a rain garden adjacent to Phalen Lake along East Shore Drive. The following comments are to be addressed by the developer’s engineer. Drainage/ Routing/ Wetland/ Treatment 1.The applicant shall provide anarea anddrainage summary with calculations showing that the post development runoff for the 2, 10, and 100 year critical duration storm events are at or below pre development rates. 2.As discussed during our project coordination meeting on April 16, 2010, the overall approach to storm water management and wetlands was for the city to lead the permit application submittal process for the project area as a whole including three separate PacketPageNumber145of183 projects: East Shore Utility City Improvements; The Shores Senior Living; and Frost Avenue City Improvements. As part of the lead, the city will also prepare final design documents and complete construction of RG 100, 101 and B2 as shown on the JR Hill Plans. The City will also complete the wetland enhancement work around the existing wetland area. Plan notes should be added to these items to indicate work to be completed by others. 3.The City is planning to construct stormwater detention and treatment facilities within the boundaries of The Shores property. The developer shall coordinate site improvements with the public stormwater improvements to be constructed by the city. The developer shall coordinate the alignment of public storm sewer onto the property, including showing such improvements and labeling them “By Others” on the appropriate plan sheets. 4.The plan should note that RG 100, 101 and B2 will be rough graded to the finished grade of the RG. Final excavation, grading and placement of planting soil mix will then take place as part of the Frost Avenue City Improvements. 5.The project narrative should describe that routine annual vegetation and landscape maintenance of RG 100, 101 and B2 will be completed by the owner. Less frequent major maintenance activities to maintain the function of the systems will be the responsibility of the city. The developer will be required to execute a maintenance agreement for the storm water treatmentsystems. 6.The existing drainage map shows no detail on sheet 2.1 and is hard to view properly. Please ensure information is legible. 7.One area that is not clearly identified on Sheet 2.1 is the drainage area to the trench drain on the underground parking drive and the adjacent area to the west. This area needs to be shown and included in the HydroCAD model. Both maps should also show the drainage on the south parcel/portion of the property and include the proposed addition of culvert FES 7 in the HydroCAD modeling. 8.It appears that the emergency overflow from the trench drain area is currently into the garage at the GS elevation shown as 865.83. The overland flow elevation to the west- southwest is something less than 868. Is it possible to grade an overflow swale to the west-southwest if the trench becomes plugged, so that the overflow can overtop the curb instead of flooding in the garage? 9.Sheets 3.1 and 4.1 show the overall storm sewer system routing. Plan notes should be added that clarify portions of the work that will be completed by others (i.e., the City). These include: FES 3; FES 7; drain tile for RG 100, 101 and B2. 10.The plans should show “future diversion of Frost drainage” on two locations along Frost Avenue into RG 100 and 101 and one along East Shore Drive into RG B2. 11.FES 4 directs new discharge directly onto the private property to the west. This should be redirected further to the north or to the south with the addition of a shallow grassed PacketPageNumber146of183 swale prior to the outflow entering the private property. The model edits referred to in Comment 7 would need to show no increase in the overall peak discharge rates from the site. 12.The drain tile from RG 100 also is shown within the private property to the west. Please direct this outlet to the south and into the swale area suggested in comment 12. 13.FES 3 is shown within the boundary of the wetland. The FES and rip rap should be moved outside the boundary of the wetland. FES 3 has an elevation error – should say 864.95. 14.Drain tile from RG B2 and RG 101 should extend an additional 30 feet, just short of the wetland edge. 15.No specific information was provided on the proposed level of imperviousness or for the extent of volume control needed to meet the City and RWMWD standards. However this information was pulled out of the PDF version of the HydroCAD model report and preliminary estimates run for the project area as a whole, including the planned Frost Avenue City Improvements. Estimates show that the overall project area consisting of The Shores Development and the Frost and East Shore Drive City Improvements need roughly 14,000 cubic-feet of volume control credit. As proposed roughly 19,000 cubic- feet is provided which treats stormwater above and beyond requirements and could be considered towards mitigation of wetland requirements.The developer should still provide specific numbers on the level of imperviousness on site so that staffcan confirm estimates for the combined RWMWD permit application. 16.Based on the HydroCAD model provided, the proposed rainwater gardens have a planting soil depth… to the under drain, ranging from less than 1 foot to just over 2 feet. The typical detail uses a minimum depth of the planting soil of 2 feet as show on Sheet 3.1.Please modify the model to show a minimum of 2 feet of planting soil, and preferably 2.5 feet, over the drain tile. 17.The drain tile under RGs should be changed to 8-inch. The riser and clean outs can remain 6-inch pipe. 18.STMH 102 shows an invert elevation of 868.0 at the bottom of the RG Basin. The HydroCAD model includes a weir structure with an invert at 870.0. The plans should include a detail of this structure showing the primary outlet, the weir and the overflow. 19.The existing wetland is highly degraded and the city has prepared preliminary plans to restore the wetland and surrounding buffer. This work will be completed with the Frost Avenue City Improvements. The plans for the Shores development should reference this future work by others. Any work in the buffer adjacent to the proposed retaining wall see Preliminary Plan - and entry drive should be consistent with the city plan ( attached ). 20.The wetland class with buffer setback shall be shown on the plans. Also the date of the wetland delineation and delineator must be shown on the plans. Ensure a note is made on PacketPageNumber147of183 the plans that buffer areas are to have no disturbances, and must be signed such upon completion of the improvements. 21.Show rip rap type and quantity including filter fabric placement. 22.Include a more legible rain garden detail on the plans. 23.3-foot deep sumps at all drainage structure just upstream of rainwater gardens/infiltration basins will be required in order to act as pretreatment. Standard Plans 24.City Project 10-11 shall be given on each sheet in the title block location. 25.Existing utilities shall be shown in dashed lines. 26.Surveying bench mark information shall be placed on all plan sheets. 27.Plan Sheet 1.2, Existing Conditions, is incomplete. The developer shall re-submit the plan to the city for review with the appropriate level of detail, showing the Lot 1, Block 1 south property line and identifying existing site conditions and features by note and/or legend. 28.Please provide logs for the soil borings shown on the plans. 29.The proposed concrete patio on the north side of the building encroaches on the proposed 10’ drainage and utility and sidewalk and trail easements (see Right-of-Way/Easement Comments). Please make the revisions necessary to avoid encroaching on the proposed easements. 30.The City is preparing a utility bid package in Fall 2010forEast Shore Drive City Improvements. In addition to water main and sanitary sewer improvements including service stubs to the development, the City will construct the driveway apron to the site as well as storm sewer in the vicinity of the driveway. Further coordination with City engineering staff will be required. Grading and Drainage 31.The grading and drainage plan shall include contours and spot elevations, andall storm sewer information including pipe lengths, size, slope, invert/rim elevations, etc. 32.The applicant shall add the following text on the storm sewer plans sheet: “Owner, at Owner’s sole cost and expense, shall maintain the private drainage pipeline in good working order and repair commensurate with the city’s standards for similar drainage pipelines such that water flows freely though the system. Owner shall take all necessary action to keep the drainage pipeline free from debris, trash, foliage, and any PacketPageNumber148of183 other obstruction that may alter or impede the flow of water. Owner shall also perform any relocation of the drainage pipeline pursuant to the standard specification of the city should relocation be necessary due to pipe failure or blockage, as determined necessary by the city.” 33.Driveway slope extending from East Shore Drive shall be shown. Recommended slope is between 2% and 8%. Consideration should be given to proposing a slope at or near 2% at the intersection approach with East Shore Drive (landing area). 34.Allretaining walls over 4-feet require submittal to the City of Maplewood Building Department and must be stamped by a licensed engineer in order to secure the required building permit. The developer shall submit a retaining wall plan and details for review. Information provided shall indicate the wall type and include a section view detail of the proposed walls. 35.An emergency overland release path, with spot elevations and arrows, for stormwater shall clearly be shown on the grading plan (assume pipes are blocked). Erosion & Sediment Control Plan 36.The disturbance is overone acre andnecessitates a National Pollutant Discharge Elimination System permit from the Minnesota Pollution Control Agency (MPCA). The approved grading and erosion & sediment control plans shall be incorporated into the SWPPP. 37.The NPDES log sheet shall be kept on site during all construction activities. 38.Plan Sheet 3.2, Erosion and Sediment Control, is incomplete. The developer shall re- submit the plan to the City for review with the appropriate level of detail, including identification of erosion and sediment control features by note and/or legend. The plan shall be in accordance with all NPDES and Ramsey Washington Metro Watershed District requirements. Also the developer’s engineer shall: a.Identify erosion and sediment control measure at project boundary limits of disturbed areas on the plan sheet (i.e.…silt fence, straw wattle, etc…). b.Identify locations for equipment/material storage, debris stockpiles, vehicle/equipment maintenance, fueling, and washing areas. Address measure to contain area and specify that all materials stored on site shall have proper enclosures and/or coverings. c.Identify locations and provide details for concrete washouts. d.Identify locations and provide details for stabilized construction accesses (rock entrance pads). PacketPageNumber149of183 e.Identify the quantity of materials to be imported or exported from the site (cu-yd). f.Describe measures (e.g...sediment basin, sediment trap, etc) taken during the rough grading process to intercept and detain sediment laden run-off to allow the sediment to settleand how the settled stormwater will be de-watered and introduced to the public drainage system. g.Show that inlet protection and other temporary erosion control measures shall be installed to protect existing storm sewer structures along Frost Avenue and East Shore Drive during grading operations on The Shores site. h.Place the following verbiage shall be added to the plan: “Effective erosion and sediment controls shall be in place prior to any storm events.” Storm / Sanitary / Water / Fire 39.The storm sewer details need to be incorporated into the grading and drainage plan as mentioned previously. 40.Verify sewer service slopes and pipe materialand that adequate capacity exists to service the project site. 41.The city plans to abandon a segment of existing sanitary sewer along the westerly boundary of Outlot A. The developer shall grant the city a right-of-entry to complete the sanitary sewer abandonment work. 42.The City will install sanitary sewer, storm sewer, and watermain service stubs as a part of the public improvements along East Shore Drive. The developer shall coordinate the location of the services with city engineering staff. 43.According to the Fire Chief an additional internal fire hydrant shall be installed on the Frost Avenue side of the proposed building. 44.The 8” DIP plug shown splitting off to service the future development site (Outlot A) is not permitted. A separate stub would be extended to Outlot Aas part of the East Shore Drive City Improvements. Future coordination with city engineering staff is required to identify the location of these future stubs and possible looping of the internal system. 45.Ensure the internal fire flows for the sprinkled building are adequate assuming the hydrants are in use. Agency Submittals 46.Permit approval from Ramsey-Washington Metro Watershed District will be required since the site disturbs over one acre. The city will coordinate the submission of the PacketPageNumber150of183 overall permit package and treatment calculations; however the developer shall be responsible for all non-city portions of the overall project. 47.Coordinate proposed water with Saint Paul Regional Water Services. Review and approval must be received. 48.Verify needed permits with the Minnesota Pollution Control Agency. 49.Other agency approvals may be needed and it is the responsibility of the developer or the developer’s engineer to ensure all necessary permits and approvals are obtained. Traffic / Streets/ Access 50.Provide a typical cross section of the driveway on Sheet 5.1. 51.A “No Parking” condition will be required along the entire length of the private driveway and loop as a result of the 24 foot wide drive aisle. This is required for emergency vehicle access. The plans shall include signage stipulating No Parking. 52.According to the Fire Chief, the 5’ wide sidewalk connecting Frost Avenue to the internal driveway shall be a minimum of 10’ wide drivable surface to accommodate fire access. 53.The city shall construct the driveway apron as a part of the public improvements. The developer shall coordinate the location, width, and slope of the driveway with city engineering staff. Landscape Comments 54.The proposed landscape improvements on the site shall be coordinated with the proposed public landscape improvements along Frost Avenue and East Shore Drive, including the type and location of plant material. Also, refer to comments developed separately by Ginny Gaynor, City Naturalist. 55.In order to address the City’s tree preservation ordinance, the developer shall prepare a tree plan showing the location, type, number, and size of trees to be removed and shall include a tree mitigation/replacement schedule as outlined in the Woodlot Alteration Permit Application. The developer shall work with city staff to identify possible locations for replacement trees, including the possible installation of trees within the right-of-way along Frost Avenue and East Shore Drive. Right-of-Way/Easement Comments 56.Drainage and utility easements shall be provided around all public stormwater facilities on the site. The exact location and extent of the easements shall be coordinated with city engineering staff. The developer shall provide the city with right-of-entry over The Shores property to allow for the construction of the public improvements. PacketPageNumber151of183 a.Drainage and utility easements are needed over the areas covered by RG 100, 101 and B2 to allow the city access for final construction. These rain gardens will be located within the public easement however the Developer shall have maintenance responsibilities as will be defined in a separate maintenance agreement (refer to comment 64). 57.The current preliminary plat shows a 20’ by 20’ right-of-way triangle at the northeast corner of Lot 1, Block 1 for construction of the proposed roundabout at the Frost Avenue/East Shore Drive intersection. The right-of-way triangle needs to be revised to be 30’ by 30’. 58.The developer shall dedicate a 10’ wide drainage and utility easement along the south side of Frost Avenue along the entire northerly boundary of The Shores property on the plat. 59.The developer shall also dedicate a 10’ wide sidewalk and trail easement along the south side of Frost Avenue along the entire northerly boundary of The Shores property. 60.All right-of-way/easements shall be shown on all plan sheets. Miscellaneous 61.The developer or project engineer shall submit a copy of the MPCA’s construction stormwater permit (SWPPP) to the city before the city will issue a grading permit for this project. 62.The owner and project engineer shall satisfy the requirements of all permitting agencies. 63.A lighting plan shall be submitted. 64.The owner shall sign a maintenance agreement, prepared by the city that covers all private stormwater treatment devices (list devices i.e.…sumps, swales, gardens/basins, etc…) and RG 101, 102, and B2. 65.The developer shall enter into a development agreement with the city. The city will prepare this agreement. *************** END OF COMMENTS ************** PacketPageNumber152of183 PacketPageNumber153of183 PacketPageNumber154of183 Attachment 15 Memo To: Michael Martin, Planner From: David Fisher,BuildingOfficial Re: TheShores, 940 Frost Avenue – ProposedPublic Vacation, Preliminary Plat, CUP far a PUD & Design Review Date: June 8, 2010 The city will require a complete building code analysis when the - construction plans are submitted to the city for building permits. All exiting must go to a public way. - Verify the building meets all the requirements for noise based on the - MinnesotaGuide to Noise Control in Minnesota from the MPCA. Provide adequate fire department access to the buildings. - The building setbacks must comply with the 2006 IBC for exterior wall - protection. Retaining walls over 4 feet require engineering and a building permit. - Provide fire sprinklersto NFPA 13. - I would recommend a pre-construction meeting with the contractor, the - project manager and the city building inspection department. PacketPageNumber155of183 Attachment 16 Environmental Review Project: The Shores at Lake Phalen Dateof Plans: April 16,2010 Date of Review: May 28, 2010 Location: 940 Frost Avenue Reviewers: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@ci.maplewood.mn.us VirginiaGaynor, Natural Resources Coordinator (651) 249-2416, virginia.gaynor@ci.maplewood.mn.us Background: The project involves subdividing the 7.06 acre property at 940 Frost Avenue into two lots, with the northern lot being developed with a 106-unit senior housing development called the Shores at Lake Phalen. The site was previouslya manufactured home and tourist cabin development. All of the manufactured homes and tourist cabins were removed from the site in 2007 and 2008 for a previous senior housing development which was never built. Environmental issues include the location of the property within the Shoreland Overlay District of Phalen Lake, heavily treed site, a Manage C wetland located on the east side of the property, adjacent East Shore Drive, andstormwater runoff into Phalen Lake watershed. Shoreland Overlay District A.: City code requires properties within the Phalen Lake Shoreland Overlay District to have a maximum of 40 percent impervious surface area. The applicant has submitted plans that indicate 33.3 percent of the site will be impervious surface. The Shoreland Overlay District also requires that buildingsbe designed to reduce visibility (under summer conditions) from public waters and adjacent shorelands. Since this development will be constructed on the north lot, adjacent Frost Avenue, the existing vegetation on the south lot will achieve the screening requirement to Phalen Lake. Care should be taken in the design of the future development to the south to ensure this requirement is met. Shoreland Overlay District Recommendations :To reduce impervious surface on the site, the applicant should consider using pervious pavers for the parking spaces on the surface parking lot. This was a requirement of the previous development. Tree Preservation Ordinance B. :Maplewood’s tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. A specimen tree is 1 PacketPageNumber156of183 Attachment 16 defined as a healthy tree of any species which is 28 inches in diameter or greater. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. The calculation takes into account the size of a tree and bases replacement on that size. In essence, the ordinance requires an applicant to plant a greater amount of smaller replacement trees because they removed a significant number of large trees. The previous development submitted a tree survey for the overall site which shows 246 significant trees on the property (3,883 total caliper inches). Of those trees, five are considered specimen trees (including a large 48-caliper-inch cottonwood tree located on the north side of the property near Frost Avenue). Tree Removal and Replacement : No tree removal plan has been submitted with the newdevelopment proposal. The landscape plan submitted with the new development reflects that 70 new trees will be planted on the site. Tree Preservation Recommendations :The applicant must submit the following: 1. A tree survey showing the location, species, and size of all significant trees on the site. 2.A revised grading plan which overlays the significant trees on the plan, showing which significant trees will be removed. 3.A tree replacement plan calculating the number of significant trees removed with the number of trees replaced to ensure it meets with city code requirements. Wetland Ordinance C. :There is a Manage C wetland located on the east side of the property, adjacent East Shore Drive. When the city adopted the new wetland ordinance and wetland classification maps in December 2009, this wetland was upgraded from a Class 5 wetland with no buffer requirements to a Manage C wetland with a 50-foot buffer requirement. Regardless of the previous classification, the city required the previous development to maintain a 25-foot buffer. The new development proposal shows grading to within 5 feet of the this development will require a 45-foot buffer wetland. For this reason, variance. The wetland delineation report prepared by SEH for the previous development describes the wetland as a Type 2 (wet meadow) with fringes of Type 1 (seasonally wet woodland). The wet meadow portion of the basin is dominated by reed canary grass and the woodland is dominated by balsam poplar and occasional American elm. Common buckthorn, a noxious shrub, is also present in both the wet woodland fringe and the upland woodland areas.There is a culvert at the southeast cornerof the wetland that is plugged with sediment, trash, and dead vegetation. There are several areas along the wetland boundary where yard wastehas been dumped into the wetland. Also, the north boundary of the wetland has been partially encroached upon from mowing and recreational use in the adjacent yard. 2 PacketPageNumber157of183 Attachment 16 The minimum mitigation required for buffer restoration without a variance request is to seed the buffer with a native seed mix. The mitigation of the buffer variances should go above and beyond just seeding within the buffer. The applicant’s grading and landscape plan shows a series of rainwater gardens which will cleanse the water prior to entering the wetland or leaving the site. These stormwater management improvements will help mitigate the wetland buffer variance, if they go above and beyond stormwater requirements and are constructed and planted correctly.In order to assess whether mitigation of the wetland is adequate, the applicant must submit more detailed landscape and mitigation plans showing plantingin the entry raingardenand steps to be taken within the degraded buffer to mitigate the variance. Wetland Recommendation: The applicant must submitthe following: 1.Awetland buffer mitigation planshowing how the applicant will mitigate the reduction in buffer. The mitigation plan should include which tasks would be completed by the applicant and which ones would be completed by the city as part of the public improvements along Frost Avenue and East Shore Drive. Types of mitigation might include, but are not limited to: a.Restore buffer and/or wetland with native plants. b.Manage weeds in buffer and/or wetland. c. Reduce stormwater runoff impacts (many options). d.Give the city a stormwatereasement to create rain gardens on the site that filter runoff from Frost Avenue. The only portion that counts towards mitigation is that whichgoes beyond the filtration required for the development. 2.A revised landscape plan showing the following detail within the wetland buffer: a.the removal of the turf grass on the south side of the wetland and replacement with native seed or plantings. b.if seed is used within the buffer, the developer shall work with staff to determine an appropriate seed mix. The mix will include both grasses and flowers. c. If native seed is used, the seeding contractor shall specialize in native restoration and the applicant shall maintain a maintenance contract for the seeding. See requirements for native seeding below (E: Seeding Natives). 3.Prior to grading, the applicant will install city approved wetland signs at the edge of the approved wetland buffer that specify that no building, mowing, cutting, grading, filling or dumping be allowed within the buffer. The signs must be placed every 100-feet along the edge of the buffer at a minimum. Theplacement of these signs must be verified with a survey to ensure proper placement. 4. The applicant must submit a cash escrow or letter of credit to cover 150 percent of the wetland mitigation. 3 PacketPageNumber158of183 Attachment 16 Stormwater Plantings D. :The applicant is proposing four filtration basins on the site. Our engineer has provided comments regarding the filtration basin. The comments in this section apply solely to the planting of the basins.The rain garden in the center of the entry circle will be planted and maintained by the owner. Native seeding of this rain garden is not appropriate since: 1) this is a major focal point that needs quick establishment for aesthetic reasons and 2) seeding the bottom of a rain garden is rarely successful. Filtration planting recommendation : 1.The plan should indicate a temporary cover crop will be seeded in the three rain gardens being planted by the city. 2.The applicant must provide a detailed landscape design for the center rain garden. We strongly encourage the use of trees, shrubs, and perennials in this planting. a.At least 5000 square feet must be planted with plants (not seed) and we recommend that the whole area be planted. b.If cost is an issue, using very small shrub plants (# pots or bareroot 1- 2 year olds) would be preferable to using seed. c. If the whole basin is planted (no seed used), this shallbe considered part of mitigating the requested buffer variance. d.Seed may not be used on the bottom of the basin. e.If some of the slope are is seeded with natives, the requirements below (E: Native Seedings) apply. Native Seedings: E.The applicant is proposing to seed much of the site to native grasses and flowers. It is very difficult to establish native prairieseeding. Most native seedings done as part of new developments fail. The applicant should understand that it takes three to five years to establish a native seeding and during that time the site is very weedy and residents often complain about the aesthetics. Please note that due to the length of time for establishment thecity will hold escrow until the prairie (not the cover crop) is established. The applicant may want to consider a different type of ground cover. Native Seeding Recommendations: If the applicant wishes to seed native prairiegrassesand wildflowers, the applicant must indicate the following in the plans (this applies to areas with native seed, it does not apply to areas planted with containerized or bareroot plants. 1.The native seeding shall be done by a contractor that specializes in native plant restoration and whose business is at least 50% native plants/restoration. 2.Theapplicant will enter into a three year maintenance contract with the seeding contractor that ensures establishment. 3. The applicant must sign a wetland buffer restoration maintenance agreement with the city which will require the applicant to ensure the native plants are established within the buffer. 4 PacketPageNumber159of183 Attachment 16 4.The applicant shall post small signs indicating this is a native seeding and that it will take 3-5 years to establish. 5.The applicant shall revise the Type I seed mix, which is not an ideal mix for our region.The areas with Type I seed mix could be Prairie Restoration’s short/dry or mixed height/mesic mixes, or asimilar mix approved by staff. 5 PacketPageNumber160of183 Attachment17 %XXEGLQIRX PacketPageNumber161of183 PacketPageNumber162of183 Attachment 19 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY,JUNE15, 2010 V.PUBLIC HEARING a.Wetland Buffer Variance and Conditional Use Permit for a Planned Unit Development Request, The Shores at Lake PhalenSenior Housing Proposal by Kaas Wilson Architects, 940 Frost Avenue Planner Martin presented the staff report for this request by Jack Rajchenbach and Albert Miller of Maplewood Senior Living, LLC, to redevelop the 7.02-acre former St. Paul Tourist Cabinsite located at 940 Frost Avenue with a senior housing development. Planner Martin said the project, to be called The Shores at Lake Phalen, will consist of 105 units of senior housing in a three-story building with underground parking. Ron Leaf, a consultant for the city, gave a presentation on the storm water maintenance requirements and wetland improvements for this proposal. Link Wilson, of Kaas Wilson Architects, was present representing the owners and developers. Mr. Wilson gave a presentation explaining the request for variances is needed to preserve many of the existing trees on the property. Mr. Wilson said they will be providing 30 cubic feet of storage with shelves per resident in individual storage rooms in the building. Mr. Wilson said they are requesting a 25-foot setback variance from the wetland and they will be improving the water quality of the wetland tremendously. Commissioner Boeser asked where the loading and unloading will occur for this development. Mr. Wilson said the loading andunloading for the kitchen will occur through the garage. Mr. Boeser said the commission in the past has discussed requiring 10-foot parking spaces for senior developments and asked Mr. Wilson his thoughts on the 10-foot spaces and what would be their ability to move on the 10-foot spaces. Mr. Wilson responded that this facility would not have independent seniors, but will serve only memory care and assisted living seniors. Mr. Wilson said the parking spaces would generally be used by guests and staff. Mr. Wilson suggested that 10-foot-wide spaces be designated for residents, staff parking be underground and visitors use the 9 ½-foot-wide parking spaces. PacketPageNumber163of183 Attachment 19 Commissioner Trippler said they are proposing to employ 120 people, but will have only 52 parking spaces. Mr. Wilson responded that there will be five shifts for the 120 employees. Mr. Wilson said that at any given time there would be 18-20 staff parked and approximately 10 residents who drive. Mr. Wilson said that even if a granddaughter came with 20 visitors to see her grandmother, he feels there will be adequate parking. In response to a question from Mr. Trippler on staffing numbers, Mr. Wilson showed an overhead diagram and explained how the building would be staffed. Commissioner Pearson said he feels the above ground parking spaces need to be 10 feet wide. Mr. Pearson said he feels the two designated handicapped spaces near the entrance is not enough handicapped parking. Commissioner Pearson asked if soil borings were done on the property previously. Engineer Michael Thompson responded that soil borings were done and the applicant will be submitting a copy to the city. Commissioner Pearson asked for a copy of the soil borings report when it is received. Commissioner Trippler questioned whether a wetlandcan really be rejuvenated by man and asked if the city has had any experience with this. Engineer Thompson responded affirmatively and sited the Highway 61 and County Road B wetland that the Ramsey Washington Metro Watershed District improved with dredging and sediment removal. Ron Leaf, of Ramsey Washington Metro Watershed District and consultant for the city, presented information detailing improvements that have been made to wetlands in the area and said that soil borings were then done on these wetlands to show they are improved. Commissioner Boeser suggested that since this is a senior facility and for safety reasons, a railing should be erected on the entire retaining wall. The public hearing was opened to the public for comments. The following people spoke: Mindy Mac Runnel questioned whether there will be enough parking for family celebrations held at the facility. Virginia Davis, of Frost Avenue and East Shore Drive, asked if there would be any walking paths with this facility. Planner Martin responded that there is a trail planned for the west side of the building from the sidewalk to Frost Avenue. Engineer Thompson explained that this trail was proposed to be five feet, but the fire marshal has requested that it be a ten-foot drivable surface.Mr. Thompson said there is a sidewalk running on the south side of the driveway entrance on East Shore Drive that would be connected to a trail that is part of a public improvement project. PacketPageNumber164of183 Attachment 19 David Hesley, 2607 White Bear Avenue, said he owns a 60-unit senior facility on Gervais Avenue and a 70-unit facility with underground parking in Mahtomedi. Mr. Hesley said he wanted to give feedback regarding parking concerns. Mr. Hesley said he has been an owner of these facilities for 15 years and they have not had any issues at his facilities with the number of parking spaces provided. Mr. Hesley said the majority of seniors at the facility do not drive, so there is plenty of existing parking. There were no further comments from the public; the hearing was closed. Commissioner Yarwood moved approval of the conditional use permit resolution. This resolution approves the conditional use permit for a 105 senior- housing planned unit development with the Shoreland Overlay District of Phalen Lake. Approval is subject to the following conditions: a.The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s June 7, 2010 review. b.All construction shall follow the plans date-stamped May 24, 2010 and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. c. The project is approved with 28 underground and 24 surface parking spaces. This is a parking reduction of 158 parking spaces (210 parking spaces are required per city code.) d.The project is approved with a 147-square-foot floor area reduction in the required unit floor area for the memory care and assisted living studio units (580 square-foot units are required per city code; 433 to 578 square-foot units are proposed.) e.The project is approved with a 20-foot front-yard setback along Frost Avenue for the one-story dining room and kitchen portion of the building (30- foot front-yard setback required per city code.) f.The project is approved with storage space of not less than 30 cubic feet for the memory care and transitional care units (120 cubic feet of storage area per unit required per city code.) g.All signs on the property must be approved by the community design review board. h.Approval is conditioned on the owner constructing or funding a Gladstone neighborhood entry monument sign at the intersection of Frost Avenue and East Shore Drive. PacketPageNumber165of183 Attachment 19 i. Approval is conditioned on the applicant implementing interior or exterior signage which reflects the previous use of the property as the St. Paul Tourist Cabin site. j.The approved landscape plan and tree preservation requirements shall be subject to monitoring by city staff to assure compliance. Minor modifications to these plans shall be subject to review by staff while major modifications shall require city council approval. k. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. l.The city council shall review this permit in one year. Commissioner Trippler seconded Commissioner Pearson suggested a friendly amendment to modify Item c. adding “10-foot” to the 24 surface parking spaces requirement. Commissioner Yarwood said he did not want to require all 24 spaces to be 10- foot-wide spaces and thereby increase the impervious surface. Mr. Yarwood suggested language be added to Item c. recommending but not requiring, that “the applicant seek to develop on average, 10-foot-wide surface parking spaces.” Commissioner Pearson agreed with Commissioner Yarwood’s suggested language for the friendly amendment. The commission voted: Ayes - all The motion passed. Commissioner Pearson moved adoption of the resolution approving wetland buffer variances from the Manage C wetland on the east side of the site. Approval is based on the following reasons: a.Strict enforcement of the ordinance would cause the applicant undue hardship because complying with all of the wetland buffer requirements stipulated by the ordinance would deplete the site area, substantially diminishing the development potential of this lot. b.Approval of the requested wetland buffervariance would benefit the adjacent wetland because the wetland is currently in poor condition and development of this site will allow for rehabilitation of the wetland and buffer areas. PacketPageNumber166of183 Attachment 19 c. Approval would meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland buffers will greatly improve the quality of the wetland. Approval of this wetland buffer variance is subject to the following conditions: a.All permits and approvals by the Ramsey Washington Metro Watershed District will need to be secured. b.Satisfy the requirements set forth in the staff report authored by Mr. Thompson, dated June 7, 2010. c. Satisfy the requirements set forth in the staff report authored by Ms. Finwall and Ms. Gaynor, dated May 28, 2010. Commissioner Yarwood seconded Ayes – Bierbaum, Boeser, Desai, Martin, Pearson, Yarwood Nay – Trippler The motion passed. Commissioner Boeser moved approval of the lot division request to subdivide the 7.02-acre parcel located at 940 Frost Avenue. This lot division approval is subject to the following conditions: a.Satisfy the requirements set forth in the staff report authored by Mr. Thompson, dated June 7, 2010. b.Satisfy the requirements set forth in the staff report authored by Ms. Finwall and Ms. Gaynor, dated May 28, 2010. c. Submit to the city a revised plat showing the southern lot labeled as Lot 2, Block 1, and showing the boundary line shifted to the south to meet residential density requirements as determined by the 2030 Comprehensive Plan. Subject to staff approval. d.The applicant shall pay cash connection charges for the new multi-family lots for connection to the water main and sanitary sewer main. e.Deeds describing the two new legal descriptions, including the required trail, drainage and utility easement descriptions must be drafted and stamped by the city. Ramsey County requires this acknowledgment of approval to record the deeds. These must be recorded with Ramsey County within one year of the date of the lot division approval or the lot split will become null and void (city code requirement). PacketPageNumber167of183 Attachment 19 f.Prior to issuance of a grading or building permit for the new development on the new lots, the following must be submitted to staff for approval: 1)Proof the Ramsey County has recorded the lot division. 2)A signed certificate of survey showing the location of all property lines. 3)Grading and drainage plan. 4)All necessary permits for sanitary sewer and water must be obtained. Commissioner Trippler seconded Ayes – all The motion passed. PacketPageNumber168of183 Attachment 20 CONDITIONAL USE PERMIT RESOLUTION NO. ________ WHEREAS, Link Wilson, Kaas Wilson Architects Representing Jack Rajchenbach and Albert Miller of Maplewood Senior Living, LLC,applied for a conditional use permit for a planned unit development to constructa105-unit senior housing complex known as The Shoresat Lake Phalen. WHEREAS, this permit applies to the following property: Address: 940 Frost Avenue Property Identification Number: 16-29-22-31-0025 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S’ of Frost Avenue as described in Document No. 1999021, W’ of Frost Avenue Connection as described in Document No. 1999021, N’ of East Shore Drive as described in Document No. 367903, and NE’ of a line described as commencing at the center of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Lot Division): All that part of Lot 1, Block 1, The Shores of Lake Phalen, Ramsey County, Minnesota that lies northerlyof the following described line:Commencing at the southwest corner of said Lot 1, thence North 27 degrees 23 minutes 03 secondWest, along the southwesterly lot line of said Lot 1, a distance of 509.1 feet to the point of beginning ofthe line to be described; thence North 64 degrees 53 minutes 46 seconds East, a distance of 160.32feet; thence North 69 degrees 51 minutes 35 seconds East a distance of 105.83 feet; thence South 61degrees 19 minutes 41 seconds East, a distance of 74.90 feet to a point on the easterly line of said Lot 1and there terminating. WHEREAS, the history of this conditional use permit is as follows: 1.On June 15, 2010,the planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports from the city staff. 2.On _________, 2010,the city council reviewed this request. The city council also considered reports and recommendations of the city staff and planning commission. 1 PacketPageNumber169of183 Attachment 20 NOW, THEREFORE, BE IT RESOLVED that the city council ________the above- described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city’s comprehensiveplan and this Code. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciateproperty 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 personor property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5.The use wouldnot 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 andscenic features into the development design. 9.The use wouldcause no more thanminimal adverse environmental effects. . Approval is subject to the following conditions: a. The engineering department shall review and determine approval of all final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department’s June 7, 2010 review. b. All construction shall follow the plans date-stamped May 24, 2010, and with revisions as noted in this approval. The city council may approve major changes to the plans. City staff may approve minor changes to the plans. c. The project is approved with 28 underground and 24 surface parking spaces. This is a parking reduction of 158 parking spaces (210 parking spaces are required per city code). d. The project is approved with a 147 square foot floor area reduction in the required unit floor area for the memory care and assisted living studio 2 PacketPageNumber170of183 Attachment 20 units (580 square foot units are required per city code; 433 to 578 square foot units are proposed). e. The project is approved with a 20-foot front yard setback along Frost Avenue for the one-story dining room and kitchen portion of the building (30-foot front yard setback required per city code). f.The project is approved with storage space of not less than 30 cubic feet for the memory care and transitional care units (120 cubic feet of storage area per unit required per city code). g. All signs on the property must be approved by the community design review board. h. Approval is conditioned on the owner constructing or funding a Gladstone neighborhood entry monument sign at the intersection of Frost Avenue and East Shore Drive. i. Approval is conditioned on the applicant implementing interior or exterior signage which reflects the previous use of the property as the St. Paul Tourist Cabin site. j. The approved landscape plan and tree preservation requirements shall be subject to monitoring by city staff to assure compliance. Minor modifications to these plans shall be subject to review by staff while major modifications shall require city council approval. k. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. l. The city council shall review this permit in one year. The Maplewood City Council _________this resolution on __________, 2010 3 PacketPageNumber171of183 Attachment 21 VARIANCE RESOLUTIONNO. ________ WHEREAS, Link Wilson, Kaas Wilson Architects Representing Jack Rajchenbach and Albert Miller of Maplewood Senior Living, LLC, applied for a variance from the wetland protection ordinance. WHEREAS, this variance applies to the following property: Address: 940 Frost Avenue Property Identification Number: 16-29-22-31-0025 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S’ of Frost Avenue as described in Document No. 1999021, W’ of Frost Avenue Connection as described in Document No. 1999021, N’ of East Shore Drive as described in Document No. 367903, and NE’ of a line described as commencing at the center of said Section 16, thence S 89degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Lot Division): All that part of Lot 1, Block 1, The Shores of Lake Phalen, Ramsey County, Minnesota that lies northerlyof the following described line:Commencing at the southwest corner of said Lot 1, thence North 27 degrees 23 minutes 03 secondWest, along the southwesterly lot line of said Lot 1, a distance of 509.1 feet to the point of beginning ofthe line to be described; thence North 64 degrees 53 minutes 46 seconds East, a distance of 160.32feet; thence North 69 degrees 51 minutes 35 seconds East a distance of 105.83 feet; thence South 61degrees 19 minutes 41 seconds East, a distance of 74.90 feet to a point on the easterly line of said Lot 1and there terminating. WHEREAS, Ordinance No. 895, the Environmental Protection and Critical Area Ordinance dealing with Wetlands, requires a wetland protection buffer of 50 feet in width adjacent to Manage C wetlands. WHEREAS, the applicant is proposing to grade up to five feet from the wetland, requiring a variance of 45feet. WHEREAS, the history of this variance is as follows: 1.On June 15, 2010, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak andpresent written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council _________ thesevariance request. PacketPageNumber172of183 Attachment 21 2.The city council held a public meeting on_________, 2010, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________the above- described variances based on the following reasons: a.Strict enforcement of the ordinance would cause the applicant undue hardship because complying with all of the wetland buffer requirements stipulated by the ordinance would deplete the site area, substantially diminishing the development potential of this lot. b.Approval of the requested wetland buffer variance would benefit the adjacent wetland because the wetland is currently in poor condition and development of this site willallow for rehabilitation of the wetland and buffer areas. c. Approval would meet the spirit and intent of the ordinance since the proposed restoration and mitigation of the wetland buffers will greatly improve the quality of the wetland. Approval of this wetland buffer varianceis subject to the following conditions: a.All permits and approvals by the Ramsey Washington Metro Watershed District will need to be secured. b.Satisfy the requirements set forth in the staff report authored by Mr. Thompson, dated June 7, 2010. c. Satisfy the requirements set forth in the staff report authored by Ms. Finwall and Ms. Gaynor, dated May 28, 2010. The Maplewood City Council approved this resolution on _________, 2010. 2 PacketPageNumber173of183 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner DuWayne Konewko, Community Development and Parks Director Landscape Plan Revision for Century Trails Apartments SUBJECT: LOCATION: Benet Road and Monastery Way DATE: July 6, 2010 INTRODUCTION Project Description CommonBond Communities is requesting approval of a revised landscaping plan. They propose to make turf revisions by substituting seed mix with drought-tolerant grass, to substitute hydrangea shrubs with spirea, replace rock mulch with wood mulch and to eliminate the irrigation requirement. Refer to their letter and plans. The reason for these revisions is to support the applicant’s goal of LEED certification. LEED, or Leadership in Energy & Environmental Design, is an internationally recognized green building certification system. Water conservation and using water efficiently is part of the LEED certification criteria. BACKGROUND May 14, 2007: The city council approved the PUD and preliminary plat for the overall development plan for the Sisters of St. Benedict. The 40-unit Century Trails Apartments was part of this development proposal. July 27, 2009: The city council moved approval of the conditional use permit and design plans for Century Trails. The design plans were subject to the community design review board requirements from their July 14, 2009 approval. In-Ground Sprinklering Requirement Section 44-20(9) of the city ordinances requires in-ground lawn irrigation for landscaped areas, but allows the council to waive this requirement, “if installation of such system is prohibitively difficult due to terrain or other factors, or is unnecessary due to alternative irrigation provisions or xeriscape arrangements which do not require irrigation, exemption may be granted by the city council on a case-by-case basis, provided suitable alternative irrigation arrangements have been secured by the developer.” COMMISSION ACTION June 22, 2010: The community design review board recommended approval and added the condition that the applicant should extend seed mix “C” or a similar seed mix along the sidewalk adjacent to Benet Road. PacketPageNumber174of183 DISCUSSION The proposed landscaping plan is virtually the same as the approved plan except for the proposal to switch to draught-tolerant grass seed to eliminate the lawn irrigation requirement. The applicant has said that they will utilize hoses and sprinklers as needed during the growing period of the seed, but watering should not be necessary once the grasses are established. Trees and shrubs must also be watered upon planting and as needed. Staff was concerned that “no mow” areas can simply look unkept and that there should be mowed grass adjacent to the town homes to the south (a manicured lawn) and along the Monastery Way frontage. The applicant has designed the revised plan with that in mind for compatibility with the abutting town homes and for a pleasant streetscape. RECOMMENDATION Approve the revised landscaping plan date-stamped June 14, 2010 for the Century Trails apartments located at the corner of Benet Road, Monastery Way and Century Avenue. This approval waives the in-ground lawn irrigation requirement since the applicant has redesigned the plan to incorporate drought-tolerant grasses which promotes water conservation. Approval is subject to the applicant: 1. Hand watering and hose sprinklering to assure that all grasses, shrubs and trees grow and are maintained throughout the life of this development. 2. All required plantings that die must be replaced by the property owner. 3. All grass areas that become thin, bare or weedy shall be restored and the weeds controlled. 4. The applicant shall extend seed mix “C” or a similar seed mix along the sidewalk adjacent to Benet Road. PacketPageNumber175of183 REFERENCE INFORMATION SITE DESCRIPTION Site size: 1.86 acres Existing land use: Century Trails Apartments (under construction) SURROUNDING LAND USES North: Benet Road and St. Paul’s Monastery property South: Trails Edge Townhomes East: Century Avenue and undeveloped property in the City of Oakdale West: The former St. Paul’s Monastery building and the new monastery building PLANNING Land Use Plan designation: HDR (high density residential) Zoning: PUD (planned unit development) APPLICATION DATE The application for this request was considered complete on June 14, 2010. State law requires that the city decide on this application within 60 days. The city council would have to act on this proposal, therefore, by August 13, 2010. p:sec13-29\Priory\Century Trails Seniors Apartments Landscape Plan Revision 6 10 te Attachments: 1. Location Map 2. Century Trails Commons Plat Drawing 3. Previously-Approved Landscaping Plan dated July 27, 2009 4. Applicant’s Letter of Request dated June 11, 2010 5. Revised Landscaping Plan date-stamped June 14, 2010 6. Revised Landscaping Plan date-stamped June 14, 2010 (separate attachment) 7. Previously-Approved Landscaping Plan dated July 27, 2009 (separate attachment) . PacketPageNumber176of183 PacketPageNumber177of183 PacketPageNumber178of183 PacketPageNumber179of183 PacketPageNumber180of183 PacketPageNumber181of183 PacketPageNumber182of183 PacketPageNumber183of183