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Home My WebLink About2018-01-08 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,January 8, 2018 City Hall, Council Chambers Meeting No.01-18 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE 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. Sign in with the City Clerk before addressing the council. 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 OF MINUTES 1.Approval of the December 11, 2017 City Council Workshop Minutes 2.Approval of the December 11, 2017 City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update b.2018 City Council Meeting Calendar c.2018 City Council Appointments to Boards, Commissions and Miscellaneous Groups 2.Council Presentations G.CONSENT AGENDA–Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval of Claims 2.Approval of Resolution Designating Depositories for City Funds 3.Approval of 2018 –2020 Service Agreement Between City of Maplewood and National Financial Partners (NFP) 4.Approval to Enter Into Standstill Agreement to Pursue Informal Franchise Renewal with Comcast 5.Approval of Purchase of Wood Chipper 6.Maplewood Nature Center Building Improvements, City Project 17-02 a.Approval of ResolutionDirecting Modification of Existing Construction Contract, Change Order No. 1 and 2 b.Approval of Budget Transfer c.Approval of Resolution Directing Final Payment and Acceptance of Project H.PUBLIC HEARINGS None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Consider Authorizing the Issuance of Special Permits for Extended Hours of Alcohol Sales for the 2018 Super Bowl 2.Discuss City Manager Annual Performance Review Process K.AWARD OF BIDS 1.Consider Approval of Resolution Receiving Bids and Awarding Construction Contract, Municipal Building Improvements, City Project 17-01 L.ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings -elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not forother councilmembers or citizens -unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst eachother. Be respectful of the process, keeping order and decorum. Do not be critical of councilmembers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:00 P.M. Monday, December 11, 2017 Council Chambers, City Hall A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at6:07 p.m. by Mayor Slawik. B.ROLL CALL Nora Slawik, MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Bryan Smith, CouncilmemberPresent Tou Xiong, Councilmember Present C.APPROVAL OF AGENDA CouncilmemberAbrams moved to approve the agenda as submitted. Seconded by CouncilmemberJuenemannAyes – All The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Environmental and Economic Development Department Presentation Environmental and Economic Development Director Konewko, Economic Development CoordinatorMartin and IT Director Fowldsgave the presentation on the EED department and answered questions of the council. F.ADJOURNMENT MayorSlawikadjourned the meetingat7:00 p.m. December 11, 2017 1 City Council Workshop Minutes Packet Page Number 1 of 130 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 11,2017 City Hall, Council Chambers Meeting No. 23-17 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:10 p.m. by Mayor Slawik. Mayor Slawik reported on a book she received from a Maplewood resident entitled “A Neighborhood Park, Poems and Photographs”by RJ Earhart a past commissioner on the Parks & RecreationCommission. B.PLEDGE OF ALLEGIANCE Nate Parsons, graduate student at the Humphreys School of Public Affairs led the council in the pledge of allegiance. C.ROLL CALL Nora Slawik, MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Bryan Smith, CouncilmemberPresent Tou Xiong, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda under F2 Council Presentations: Holiday Lights Recycling Texting to 911 Ashland Leadership Shop, Ship & Share CouncilmemberJuenemann moved to approve the agenda as amended. Seconded by CouncilmemberAbramsAyes – All The motion passed. E.APPROVAL OF MINUTES 1.Approval of the November 27, 2017 City Council Workshop Minutes CouncilmemberAbrams moved to approve the November 27, 2017City Council Workshop Minutesas submitted. Seconded by CouncilmemberXiongAyes – All December 11, 20171 City Council Meeting Minutes Packet Page Number 2 of 130 E2 The motion passed. 2.Approval of the November 27, 2017 City Council Meeting Minutes CouncilmemberAbrams moved to approve the November 27, 2017City Council Meeting Minutesas submitted. Seconded by CouncilmemberSmithAyes – All The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City Manager gave theupdate on the council calendar and items requested by council. 2.Council Presentations Holiday Lights Recycling Councilmember Juenemannreported on the holiday lights recycling program that is taking place at various city building from December 16, 2017 through January 31, 2018. Councilmember Juenemann reported that Styrofoam and plastic bags should not be put in the recycling bin. Texting to 911 Councilmember Juenemannreported that all Minnesota dispatch centers are now capable of receiving textmessages to 911 and be sure to follow all rules. Ashland Leadership Councilmember Smithreported on the City partnering with Ashland ProductionsandKID City. Shop, Ship & Share Councilmember Abramsreported that she and Mayor Slawk attended the Shop, Ship and Share this past weekend at Maplewood Mall that benefitsthe military. 3.Approval of Resolution for Commission Reappointments City Manager Coleman gave the staff report. Councilmember Abrams moved to approve the Resolution for Commission Reappointments. Resolution 17-12-1519 December 11, 20172 City Council Meeting Minutes Packet Page Number 3 of 130 E2 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be reappointed to the following commissions: Planning Commission Paul Arbuckle, term expires on 12/31/2020 Fred Dahm, term expires on 12/31/2020 John Donofrio, term expires on 12/31/2020 Police Civil Service Commission James Meehan, term expires on 12/31/2020 Seconded by Councilmember JuenemannAyes – All The motion passed. G.CONSENT AGENDA Councilmember Juenemann requested agenda items G2, G4 and G6 be highlighted. CouncilmemberAbrams moved to approve agendaitems G1-G9. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 1.Approval of Claims CouncilmemberAbrams moved toapprove the Approval of Claims. ACCOUNTS PAYABLE: $ 647,217.73 Checks # 100723 thru #100752 dated 11/21/17 thru 11/28/17 $ 497,897.98 Disbursements via debits to checking account dated 11/20/17 thru 11/24/17 $ 95,018.07 Checks #100753 thru #100779 dated 11/27/17 thru 12/05/17 $ 300,184.38 Disbursements via debits to checking account dated 11/27/17 thru 12/01/17 $ 1,540,318.16 Total Accounts Payable December 11, 20173 City Council Meeting Minutes Packet Page Number 4 of 130 E2 PAYROLL $ 558,836.63 Payroll Checks and Direct Deposits dated 12/01/17 $ 1,956.40 Payroll Deduction check # 99102965 thru # 99102965 dated 12/01/17 $ 560,793.03 Total Payroll $ 2,101,111.19 GRAND TOTAL Seconded by CouncilmemberJuenemannAyes – All The motion passed. 2.Approval of Agreement Between CareChoice Cooperative and the City of Maplewood for a Community Paramedic Services Project CouncilmemberAbrams moved to approve to enter into an Agreement with CareChoice Cooperativefor a Community Paramedic Services Project. Seconded by Councilmember JuenemannAyes – All The motion passed. 3.Approval of 2017 Transfers Councilmember Abrams moved to approve the 2017 Transfers in the amount of $2,533,525.47 and authorize the Finance Director to make the appropriate accounting entries to complete the transactions. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 4.Approval ofResolutionAcceptingDonationtoMaplewoodPoliceReserves fromthe Ramsey County Sheriff’s Foundation CouncilmemberAbrams moved to approve the resolution accepting the donation made by the Ramsey Sheriff’s Foundation BoardtoMaplewoodPoliceReserves in the amount of $1,000.00. Resolution 17-12-1520 Resolution Expressing Acceptance and Appreciation of a Donation to the Maplewood Police Department WHEREAS,theRamseyCountySheriff’s Foundationhaspresentedtothe MaplewoodPoliceDepartment a donationintheamountof$1,000;and WHEREAS,thisdonationisintendedforthepurposeofsupporting the needs of the MaplewoodPoliceReserveUnit;and December 11, 20174 City Council Meeting Minutes Packet Page Number 5 of 130 E2 WHEREAS,theMaplewoodCityCouncilisappreciativeofthedonationand commendstheRamseyCounty Sheriff’s FoundationBoardfortheircivicefforts and partnership. NOW, THEREFORE, BEITRESOLVED,bytheCityCounciloftheCityof Maplewood, Minnesota, that: 1.Thedonationisacceptedandacknowledgedwithgratitude; and 2.Thedonationwillbeappropriatedfor thePoliceDepartmentasdesignated; and 3.Theappropriatebudgetadjustmentsbemade. Seconded by CouncilmemberJuenemannAyes – All The motion passed. 5.Approval of Resolution for 2018 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees CouncilmemberAbrams movedto approve the Resolution for 2018 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees effective January 1, 2018. Resolution 17-12-1521 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2018 upon Council approval. Accountant$10.00-30.00per hour Accounting Technician$9.65-22.00per hour Administrative Assistant$9.65-23.00per hour Background Investigator$25.00-40.00per hour Building Inspector$14.00-35.00per hour Building Attendant$9.65-15.00per hour CSO$14.50-19.50per hour Election Judge$9.65-12.00per hour Election Judge - Assistant Chair$9.65-15.00 per hour Election Precinct Chair$9.65-16.00per hour Engineering Aide$9.65-16.00per hour Engineering Technician$10.00-16.00per hour Fire Maintenance/Engineer **$16.24per hour Firefighter-in-Training (new hire) **$11.61per hour Firefighter/EMT **$13.92per hour December 11, 20175 City Council Meeting Minutes Packet Page Number 6 of 130 E2 Firefighter/Paramedic **$15.08per hour Firefighter/EMT Captain **$16.24per hour Firefighter/Paramedic Captain **$17.41per hour Battalion Chief **$18.56per hour Gardener$12.00-22.00per hour Intern$9.65-20.00per hour IT Technician$15.00-20.00per hour Laborer$9.65-14.00per hour Office Specialist$9.65-18.00per hour Receptionist $9.65-16.00per hour Recreation Instructor/Leader$9.65-32.00per hour Recreation Official$9.65-30.00per hour Recreation Worker$9.65-18.00per hour Vehicle Technician$9.65-15.00per hour Video Coordinator*$11.00-19.00per hour Video Technician* $10.00-18.00per hour * Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. **Fire Department positions shall receive a $2 per hour differential for working th the following holidays: New Year’s Day, Memorial Day, July 4, Labor Day, Thanksgiving Day and Christmas Day. BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay rates for these pay classifications; and, BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember JuenemannAyes – All The motion passed. 6.Approval to Donate iPads to Weaver School Councilmember Abrams moved to approve to donate unused iPads to Weaver School. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. 7.Approval of Payment for Eden Systems Yearly Maintenance Support Councilmember Abrams moved to approve the payment for Eden Systems Yearly Maintenance Support fundedfrom the 2018 IT Fund in the amount of$59,328.22. Seconded by Councilmember JuenemannAyes – All The motion passed. 8.Approval of Resolution for Reduction of Retainage on Existing Construction December 11, 20176 City Council Meeting Minutes Packet Page Number 7 of 130 E2 Contract, County Road B Trail and Safety Improvements, City Project 14-02 Councilmember Abrams moved to approve the resolution directing the City Engineer to reduce retainage on the existing construction contract to 0.5% for the County Road B Trail and Safety Improvements, City Project 14-02. Resolution 17-12-1522 Reduction of Retainage on Existing Construction Contract Project 14-02 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 14-02, County Road B Trail and Safety Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, Park Construction Company, has completed the requirements of the project construction work, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.A reduction in retainage on the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, to 0.5%. Seconded by Councilmember JuenemannAyes – All The motion passed. 9.Approval to Authorize Payment for Services Provided by Tierney, Inc for Council Chamber Updates CouncilmemberAbrams moved to approve the payment to Tierney for Services provided for Council chamber updates in the amount of $26,951.39. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. H.PUBLIC HEARINGS 1.Ecumen Multifamily Housing Development a.Public Hearing at 7:00 p.m. b.Consider Approval of Resolution Authorizing the Issuance of Revenue Bonds for the Benefit of Ecumen; Adopting a Housing Program; and Authorizing the Execution and Delivery of the Bonds and Related Documents Finance Director Paulseth gave the staff reportand answered questions of the council. Mayor Slawik opened the public hearing. The following people spoke:None Mayor Slawik closed the public hearing. December 11, 20177 City Council Meeting Minutes Packet Page Number 8 of 130 E2 Councilmember Juenemann moved to approve the Resolution Authorizing the Issuance of Revenue Bonds for the Benefit of Ecumen; Adopting a Housing Program; and Authorizing the Execution and Delivery of the Bonds and Related Documents Resolution 17-12-1523 City of Maplewood, Minnesota Authorizing the Issuance of Revenue Bonds for the Benefit of Ecumen; Adopting a Housing Program; and Authorizing the Execution and Delivery of the Bonds and Related Documents WHEREAS, the City of Maplewood, Minnesota (the “City”) is a statutory city and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and WHEREAS, Minnesota Statutes, Chapter 462C, as amended (the “Housing Act”), authorizes a municipality to carry out the public purposes describedin the Housing Act by providing for the issuance of revenue bonds to provide funds to finance or refinance multifamily housing developments (including nursing and assisted living facilities); and WHEREAS, Minnesota Statutes, Sections 469.152 through 469.1655, as amended (the “Development Act”), authorizes a municipality to issue revenue obligations to finance or refinance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of a “project,” defined in the Industrial Development Act, in part, as any properties, real or personal, used or useful in connection with a revenue producing enterprise, whether or not operated for profit, engaged in providing health care services, including, without limitation, hospitals, nursing homes, and related medical facilities; and WHEREAS, Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue obligations to finance or refinance the acquisition or improvement of property located outside of the corporate boundaries of such municipality if the obligations are issued under a joint powers agreement between the municipality issuing the obligations and the municipality in which the property to be acquired or improved is located; and WHEREAS, pursuant to Minnesota Statutes, Section 471.59, as amended, by the terms of a joint powers agreement entered into through action of their governing bodies, two municipalities may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, including those which are the same except for the territorial limits within which they may be exercised and the joint powers agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and WHEREAS, on March 29, 2010, the City of Apple Valley, Minnesota (the “City of Apple Valley”) issued its Housing and Health Care Revenue Bonds (Ecumen – The Seasons at Apple Valley Project), Series2010 (the “Series2010 Apple Valley Bonds”), in the original aggregate principal amount of $5,545,000, and loaned the proceeds thereof to Ecumen, a Minnesota nonprofit corporation (the “Borrower”), for the purposes of making a capital contribution to Regent at Apple Valley, LLC, a Minnesota limited liability company of which the Borrower is the sole member (“Regent at Apple Valley”), to finance the design, acquisition, construction, and equipping of an approximately 134-unit four-story senior housing facility (the “Apple Valley Facility”) located at 15359 Founders December 11, 20178 City Council Meeting Minutes Packet Page Number 9 of 130 E2 Lane, Apple Valley, Minnesota, which is owned and operated by Regent at Apple Valley; and WHEREAS, on July 1, 2010, the City issued its Housing and Health Care Revenue Bonds (Ecumen Headquarters and The Seasons at Maplewood Projects), Series 2010 (the “Series 2010 Maplewood Bonds”), in the original aggregate principal amount of $5,875,000, and loaned the proceeds thereof to the Borrower for the purposes of (i) financing the acquisition, renovation, and equipping of the Borrower’s corporate headquarters (the “Corporate Headquarters”) located at 3530 Lexington Avenue North, Shoreview, Minnesota, which are owned and operated by the Borrower; and (ii) making a capital contribution to Regent at Maplewood, LLC, a Minnesota limited liability company of which the Borrower is the sole member (“Regent at Maplewood”), to finance the design, acquisition, construction, and equipping of an approximately 150-unit two-story senior housing facility (the “Maplewood Facility”) located at 1670 Legacy Parkway East, Maplewood, Minnesota, which is owned and operated by Regent at Maplewood; and WHEREAS, the Borrower has proposed to refinance the Apple Valley Facility, the Maplewood Facility, and the Corporate Headquarters (collectively, the “Project”) and is requesting that the City issue its revenue bonds, in one or more series, as taxable or tax-exempt obligations (the “Bonds”), in an estimated aggregate principal amount not to exceed $11,000,000, in order to (i) refinance the Apple Valley Facility by refinancing the Series 2010 Apple Valley Bonds; (ii) refinance the Maplewood Facility and the Corporate Headquarters by refunding the Series 2010 Maplewood Bonds; and (iii) pay costs of issuance of the Bonds; and WHEREAS, inconnection with the issuance of the Series 2010 Maplewood Bonds, the City of Shoreview, Minnesota (the “City of Shoreview”) consented to the issuance of the Series 2010 Maplewood Bonds by the City to refinance the Corporate Headquarters, which are locatedin the City of Shoreview; and WHEREAS, the City and the City of Apple Valley are proposing to enter into a Cooperative Agreement (the “Cooperative Agreement”), pursuant to which the City of Apple Valley will consent to the issuance of the Bonds by the City to refinance, among other things, the Apple Valley Facility, and the City will agree to issue the Bonds to refinance, among other things, the Apple Valley Facility; and WHEREAS, in accordance with the Housing Act, the City has prepared a housing program (the “Housing Program”), which authorizes the issuance of the Bonds by the City to refinance the Apple Valley Facility, and the Housing Program was submitted to Metropolitan Council for its review and comment; and WHEREAS, the Borrower has represented to the City that it is exempt from federal income taxation under Section501(a) of the Internal Revenue Code of 1986, as amended (the “Code”), as a result of the application of Section501(c)(3) of the Code; and WHEREAS, under Section 147(f) of the Code, prior to the issuance of the Bonds, the City Council must conduct a public hearing after one publication of notice in a newspaper circulating generally in the City at least fourteen (14) days before the hearing, and under Section 462C.04, subdivision 2 of the Housing Act, a public hearing December 11, 20179 City Council Meeting Minutes Packet Page Number 10 of 130 E2 must be held on the housing program after one publication of notice in a newspaper circulating generally in the City at least fifteen (15) days before the hearing; and WHEREAS, a notice of public hearing (the “Public Notice”) was published at least fifteen (15) days before the regularly scheduled meeting of the City Council of the City in thePioneer Press, a newspaper of general circulation in the City, with respect to the required public hearing under Section147(f) of the Code and the Housing Act; and WHEREAS, on the date hereof, the City Council conducted a duly noticed public hearing at which a reasonable opportunity was provided for interested individuals to express their views, both orally and in writing, on the following issues: (i) approval of the issuance of the Bonds pursuant to the requirements of Section 147(f) of the Code and the regulations promulgated thereunder; and (ii) approval of the Housing Program pursuant to the requirements of the Housing Act; and WHEREAS, the Bonds are to be issued by the City pursuant to the Housing Act, the Development Act, Minnesota Statutes, Sections 471.59 and 471.656, as amended, and an Indenture of Trust (the “Indenture”) between the City and U.S. Bank National Association, astrustee (the “Trustee”), and the City will loan the proceeds of the Bonds to the Borrower pursuant to a Loan Agreement (the “Loan Agreement”) between the City and the Borrower; and WHEREAS, the principal, premium (if any), and interest on the Bonds (i) shall be payable solely from the revenue pledged therefor; (ii)shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; (iii)shall not constitute nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers; and (iv)shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the City other than the City’s interest in the Loan Agreement; and WHEREAS, the Loan Agreement requiresthe Borrower to make payments thereunder in amounts and at times sufficient to pay the principal of, premium (if any), and interest on the Bonds when due, and the loan repayments required to be made by the Borrower to the City under the terms of the Loan Agreement will be assigned by the City to the Trustee to secure the payment of the principal of, premium (if any), and interest on the Bonds; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, AS FOLLOWS: 1.Basedon representations made by the Borrower to the City to date, the City Council of the City hereby makes the following findings, determinations, and declarations: (a)The Apple Valley Facility and the Maplewood Facility, which are being refinanced with a portion of the proceeds of the Bonds, consist of a multifamily housing development including nursing care and assisted living. (b)The proceeds of the Bonds will be loaned to the Borrower and the proceeds thereof, along with equity of the Borrower and other available funds, will be used to refinance the Project and pay costs of issuance of the Bonds. December 11, 201710 City Council Meeting Minutes Packet Page Number 11 of 130 E2 (c) In authorizing the issuance of the Bonds, the City’s purpose is to further the policies of the Housing Act and the Development Act. 2.The Housing Program, in the form substantially on file with the City, is hereby approved. 3.For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery of the Bonds, in one or more series, as taxable or tax-exempt obligations, in the aggregate principal amount not to exceed $11,000,000. The Bonds shall bear interest, shall be numbered, shall be dated, shall mature, shall be subject to redemption prior to maturity, shall be in such forms, and shall have such other terms, details, and provisions as are prescribed in the Indenture, in substantially the form now on file with the City. 4.All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as ifincorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall be substantially in the forms on file with the City, which are hereby approved, with such necessary and appropriate variations, omissions, and insertions (including changes to the principal amount of the Bonds, the determination of the interest rates on the Bonds, and changes to the terms of redemption of the Bonds) as the Mayor and the City Manager of the City (the “Mayor” and “City Manager,” respectively), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of the Mayor and the City Manager and the delivery of the Bonds by the City shall be conclusive evidence of such determination. 5.The Bonds shall be special, limited obligations of the City payable solely from the revenues provided by the Borrower pursuant to the Loan Agreement and other funds pledged pursuant to the Indenture and shall be issued in an aggregate principal amount not to exceed $11,000,000. The City Council of the City hereby authorizes and directs the Mayor and the City Manager to execute and deliver the Indenture to the Trustee, hereby authorizes and directs the execution of the Bonds in accordance with the terms of the Indenture, and hereby provides that the Indenture shall provide the terms and conditions, covenants, rights, obligations, duties, and agreements of the owners of the Bonds, the City and the Trustee as set forth therein. 6.All of the provisions of the Indenture, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form on file with the City, which is hereby approved, with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 7.The Mayor and the City Manager are hereby authorized and directed to execute and deliver the Loan Agreement, the Cooperative Agreement, and the Bond Purchase Agreement (the “Bond Purchase Agreement”) between the City, the Borrower, and Dougherty & Company LLC, as purchaser of the Bonds (the “Underwriter”). All of the provisions of theLoan Agreement, the Cooperative Agreement, and the Bond Purchase Agreement, when executed and delivered as authorized herein, shall be deemed to be a December 11, 201711 City Council Meeting Minutes Packet Page Number 12 of 130 E2 part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement, the Cooperative Agreement, and the Bond Purchase Agreement shall be substantially in the forms on file with the City which are hereby approved, with such omissions and insertions as do not materially change the substance thereof, or as the Mayor and the City Manager, in their discretion, shall determine, and the execution thereof by the Mayor and the City Manager shall be conclusive evidence of such determination. 8.The Bonds shall be revenue obligations of the City the proceeds of which shall be disbursed pursuant to the Indenture and the Loan Agreement, and the principal, premium, if any, and interest on the Bonds shall be payable solely from the proceeds of theBonds, the revenues derived from the Loan Agreement, and the other sources set forth in the Indenture. The Trustee is hereby authorized and directed to accept from the Borrower any additional instruments, documents, or other security provided by the Borrower or, at its direction to secure the obligations of the Borrower under the Loan Agreement or to secure the Bonds. 9.The Trustee is hereby appointed as Paying Agent and Bond Registrar for the Bonds. 10.The Mayor, the City Manager, and the Finance Director of the City are hereby authorized to execute and deliver, on behalf of the City, such other documents as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including one or more certificates of the City, anendorsement to the Borrower’s tax certificate, an Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038 (Rev. April 2011), and all other documents and certificates as shall be necessary and appropriate in connection with the issuance, sale, and delivery of the Bonds. The City hereby approves the execution and delivery by the Trustee of the Indenture and all other instruments, certificates, and documents prepared in conjunction with the issuance of the Bonds that require execution by the Trustee. The City hereby authorizes Kennedy & Graven, Chartered, as bond counsel of the City, to prepare, execute, and deliver its approving legal opinion with respect to the Bonds. 11.The City has not participated in the preparation of the Preliminary Official Statement (the “Preliminary Official Statement”) or the Official Statement (the “Official Statement”) relating to the Bonds and has made no independent investigation with respect to the information contained therein, including the appendices thereto, and the City assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the City hereby consents to the distribution and the use by the Underwriter in connection with the sale of the Bondsof the Preliminary Official Statement and the Official Statement. The Preliminary Official Statement and the Official Statement are the sole materials consented to by the City for use in connection with the offer and sale of the Bonds. 12.All covenants, stipulations, obligations, and agreements of the City contained herein and in the aforementioned documents shall be deemed to be the covenants, stipulations, obligations, and agreements of the City to the full extent authorized or permitted by law, and all such covenants, stipulations, obligations, and agreements shall be binding upon the City. Except as otherwise provided herein, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City or the City Council by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the City or by such members of the City Council, or such December 11, 201712 City Council Meeting Minutes Packet Page Number 13 of 130 E2 officers, board, body or agency thereof as may be required or authorized by law to exercise such powersand to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council of the City, or any officer, agent or employee of the City in that person’s individual capacity, and neither the City Council of the City nor any officer or employee executing the Bonds shall be liable personally on the Bonds or be subject to any personal liabilityor accountability by reason of the issuance thereof. No provision, covenant or agreement contained in the aforementioned documents, the Bonds or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the City or thebreach thereof, shall constitute or give rise to any pecuniary liability of the City or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the City has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, which are to be applied to the payment of the Bonds, as provided therein and in the Indenture. 13.Except as herein otherwise expressly provided, nothing herein or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the City or any holder of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents and all of their provisions being intended to be and being for the sole and exclusive benefit of the City and any holder from time to time of the Bonds issued under the provisions of this resolution. 14.In case any one or more of the provisions of this resolution, other than the provisions contained in the first sentence of Section 5 hereof, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of theBonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 15.The Bonds, when executed and delivered, shall contain a recital that theyare issued pursuant to the Housing Act and the Development Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist and be performed precedent to the execution of the aforementioned documents have happened, exist and have been performed as so required by law. 16.The officers of the City, bond counsel, other attorneys, engineers, and other agents or employees of the City are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, and the Bonds for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents and this resolution. In the event that for any reason the Mayor is unable to carry out the execution of any of December 11, 201713 City Council Meeting Minutes Packet Page Number 14 of 130 E2 the documents or other acts provided herein, any other member of the City Council of the City shall be authorized to act in his or her capacity and undertake such execution or acts on behalf of the City with full force and effect, which execution or acts shall be valid and binding on the City. If for any reason the City Manager is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by a member of the City Council, with the same force and effect as if such documents were executed and delivered by the City Manager. 17.The City understands that the Borrower will pay directly to the City any and all costs paid or incurred by the City in connection with the transactions authorized herein, whether or not the Bonds are issued. The City further understands that the Borrower will pay to the City its administrative fee for the issuance of conduit debt. 18.This resolution shall be in full force and effect from and after its passage. Seconded by Councilmember AbramsAyes – All The motion passed. 2.2018 Tax Levy and Budget a.Public Hearingat7:00 p.m. b.Consider Approval of Resolution Certifying Taxes Payable in 2018 c.Consider Approval of Resolution Adopting a 2018 Budget and Financial Management Policies, and the CIP for 2018-2022 Finance DirectorPaulseth gave the staff report and answered questions of the council. Mayor Slawik opened the public hearing. The following people spoke: 1.Adam Gatewood, Maplewood Resident 2.Kevin Berglund, Maplewood Resident Mayor Slawik closed the public hearing. Councilmember Abrams moved to approve the Resolution Certifying Taxes Payable in 2018. Resolution 17-12-1524 Certifying Taxes Payable in 2018 BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1.The following amounts be levied for property taxes payable in 2018, upon the net tax capacity in the City of Maplewood, for the following purposes: General Fund$15,351,530 Debt Service Funds4,614,481 Recreation Programs Fund200,000 Capital Improvement Fund180,000 Police Vehicles and Equipment Fund180,000 December 11, 201714 City Council Meeting Minutes Packet Page Number 15 of 130 E2 Fire Equipment Replacement Fund60,000 Ambulance Fund300,000 Community Center Fund200,000 Maplewood Area EDA100,000 TOTAL NET TAX CAPACITY LEVY$20,086,011 2.BE IT FURTHER RESOLVED that a market value based referendum levy for property taxes payable in 2018 be levied for the following purpose 2013B Fire Safety Refunding Bonds$279,589 TOTAL MARKET VALUE BASED LEVY$279,589 3.BE IT FURTHER RESOLVED that the total certified City levy is: TOTAL CERTIFIED LEVY$21,465,600 4.BE IT FURTHER RESOLVED that the scheduled debt service levies have been adjusted as shown, for a total debt service levy of $4,894,070. City of MAPLEWOOD Debt Service Levy =================== ADDITIONS ORCERTIFIED ORIGINALDATEPAYABLE 2018REDUCTIONS BYDEBT BOND ISSUES PRINCIPALISSUEDDEBT LEVYRESOLUTIONLEVY ====================================================================================== GO IMP 2004B13,010,00022-Jul-04$-315,820.00315,820.00$ GO IMP 2007B5,090,00015-Oct-07325,163.95-91,736.95233,427.00 GO IMP 2008A9,970,0001-Jul-080.0050,000.0050,000.00 GO IMP REFUNDING 2008B1,070,0001-Jul-0832,712.75-22,712.7510,000.00 GO IMP REFUNDING 2009A4,680,0001-Apr-09191,631.22104,283.78295,915.00 GO IMP REFUNDING 2009B2,690,0001-Dec-090.00165,000.00165,000.00 GO TIF Refunding 2010B4,050,0008-Jul-10352,340.63-352,340.630.00 GO IMP 2011A10,000,0001-Jun-11416,515.19-200,775.19215,740.00 GO 2012A5,780,0001-Jul-12518,571.26-508,571.2610,000.00 GO 2013A refunding6,180,0001-Jun-13443,735.31-0.31443,735.00 GO 2013B refunding3,700,00018-Dec-13623,306.25-0.25623,306.00 GO 2014A 7,745,0001-Aug-14518,670.760.24518,671.00 GO 2014B refunding1,255,0001-Aug-14261,765.00-161,765.00100,000.00 GO Imp 2015A refunding3,790,0001-Jan-15413,067.500.50413,068.00 GO 2015B 1,215,0008-Jul-15121,800.000.00121,800.00 GO 2015C refunding7,990,0008-Jul-15551,868.88-99,999.88451,869.00 GO 2016A 3,765,0008-Sep-16284,998.800.20284,999.00 GO 2016B refunding5,775,0008-Sep-16620,607.50-154,887.50465,720.00 GO Imp Refunding 2017B3,145,00011-May-17301,592.03-276,592.0325,000.00 GO Imp Tax Abatement 2017A3,850,00011-May-17120,776.9529,223.05150,000.00 ------------------------------------------------------------------- $6,099,123.98-$1,205,053.98$4,894,070.00 ======================================= Seconded by Councilmember SmithAyes – All The motion passed. Councilmember Abrams moved to approve the Resolution Adopting a Budget and Financial Management Polices for 2018, and theCIP for 2018-2022. December 11, 201715 City Council Meeting Minutes Packet Page Number 16 of 130 E2 Resolution 17-12-1525 ADOPTING A 2018 BUDGET AND FINANCIAL MANAGEMENT POLICIES AND THE 2018-2022 CAPITAL IMPROVEMENT PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTAthat a budget for 2018 is hereby adopted as outlined in the following summary: Revenues: Fund20172018$ Change% Change General$18,158,479$19,125,490$ 967,0115.33% Special Revenue 1,673,750 1,666,300 (7,450)-0.45% Debt Service7,642,8906,963,950(678,940)-8.88% Capital Projects 4,154,740 6,295,200 2,140,46051.52% Enterprise 12,150,000 12,194,000 44,0000.36% Internal Service 1,696,200 9,537,520 7,841,320462.29% TOTAL$45,476,059$55,782,460$10,306,40122.66% Expenditures: Fund20172018$ Change% Change General$ 19,894,029$ 20,357,490$ 463,4612.33% Special Revenue 1,616,150 1,557,560 (58,590)-3.63% Debt Service 14,725,820 14,816,332 90,5120.61% Capital Projects7,889,40013,082,9505,193,55065.83% Enterprise10,803,10010,561,900(241,200)-2.23% Internal Service 1,696,200 9,350,630 7,654,430451.27% TOTAL$56,624,699$69,726,862$13,102,16323.14% BE IT FURTHER RESOLVEDthat the 2018-2022 Capital Improvement Plan, with projects totaling $89,857,000, is hereby adopted. BE IT FURTHER RESOLVEDthat the 2018 Financial Management Policies, as attached, will supersede all existing policies and are hereby adopted. BE IT FURTHER RESOLVEDthat budgets for public improvements will be amended when the Council approves the project and establishes the budget for the project. BE IT FURTHER RESOLVEDthat the above budgets for Governmental Funds are hereby adopted for financial reporting and management control and the budgets for all other funds are adopted for management purposes only. December 11, 201716 City Council Meeting Minutes Packet Page Number 17 of 130 E2 BE IT FURTHER RESOLVEDthat the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the City Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVEDthat all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. Seconded by Councilmember SmithAyes – All The motion passed. I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Consider Approval of Resolution for 2018 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine City Clerk Sindt gave the staff report. Councilmember Juenemann moved to approve the Resolution for 2018 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine. Resolution 17-12-1526 2018 ANNUAL LIQUOR LICENSE RENEWALS FOR CLUB, OFF-SALE, ON-SALE AND WINE RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Club, Off-Sale, On-Sale and Wine Liquor licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2018, with approvals granted herein subject to satisfactory results of renewal documentation withfees submitted: Club On-Sale License Maplewood Moose Lodge #963 1946 English Street Off-Sale 3.2 Beer Licenses Cub Foods #30244Rainbow Foods #7300 100 County Road B West2501 White Bear Avenue Cub Foods #31264SuperAmerica #4022 2390 White Bear Avenue1750 White Bear Avenue December 11, 201717 City Council Meeting Minutes Packet Page Number 18 of 130 E2 Maplewood Kwik MartSuperAmerica #4089 2150 McMenemy Street North11 Century Avenue South Off-Sale Intoxicating Liquor Licenses 61 LiquorsMerwin Liquors 2700 Maplewood Drive North1700 Rice Street Big Discount LiquorMGM Liquor Warehouse 2515 White Bear Avenue2950 White Bear Avenue Costco Wholesale #1021Party Time Liquor 1431 Beam Avenue East1835 East Larpenteur Avenue Cub Discount LiquorPrincess Liquor ‘n Tobacco 100 West County Road B2728Stillwater Road Heritage Liquor LLCSarrack’s Int’l. Wine & Spirits 1347 Frost Avenue2305 Stillwater Road Maddie’s LiquorWhite Bear Liquor 1690 McKnight Road North2227 White Bear Avenue Maplewood Wine Cellar 1281 Frost Avenue On-Sale 3.2 BeerLicenses Bambu Asian CuisineIndian Masala Restaurant 1715 Beam Ave East, Suite A27 Century Avenue North Chipotle Mexican Grill #1438Taste of India 3095 White Bear Avenue North1745 Cope Ave East On-Sale Intoxicating Liquor Licenses 5-8 Tavern & GrillKeller Golf Course 2289 Minnehaha Avenue2166 Maplewood Drive North Acapulco Mexican RestaurantMcCarron’s Pub and Grill 3069 White Bear Avenue1986 Rice Street North AramarkMyth 2350 Minnehaha Avenue East3090 Southlawn Drive North Bleechers Bar & GrillOlive Garden #1200 2220 White Bear Avenue1749 Beam Avenue Buffalo Wild Wings #118Osaka Sushi & Hibachi 3085 White Bear Avenue1900 County Road D East Chili’s Grill & Bar #224Outback Steakhouse #2412 1800 Beam Avenue1770Beam Avenue December 11, 201718 City Council Meeting Minutes Packet Page Number 19 of 130 E2 Chipotle Mexican Grill #224Red Lobster #0283 2303 White Bear Avenue2925 White Bear Avenue Crooked Pint Ale HouseT.G.I. Friday’s #0472 1734 Adolphus Street3087 White Bear Avenue Goodrich Golf CourseThe Dog HouseBar & Grill 1820 North Van Dyke2029 Woodlynn Avenue East Guldens RoadhouseThe Ponds at Battle Creek 2999 North Highway 61601 Century Avenue South Jake’s City GrilleTokyo Sushi –All You Can Eat 1745 Beam Avenue East 1935 Beam Avenue East, Suite 103 On-Sale Wine/Strong Beer Licenses Bambu Asian CuisineTaste of India 1715 Beam Avenue East, Suite A1745 Cope Avenue East Indian Masala Restaurant 27 Century Avenue North Seconded by Councilmember SmithAyes – All The motion passed. 2.Consider Approval of Resolution Authorizing the Issuance, Sale, and Delivery of Multifamily Housing Revenue Obligations to Finance the Maple Pond Apartments Project Finance DirectorPaulseth gave the staff report. Councilmember Juenemann moved to approve the Resolution Authorizing the Issuance, Sale, and Delivery of Multifamily Housing Revenue Obligations to Finance the Maple Pond Apartments Project. Resolution 17-12-1527 CITY OF MAPLEWOOD, MINNESOTA AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF ITS MULTIFAMILY HOUSING REVENUE BONDS TO FINANCE THE MAPLE POND APARTMENTS PROJECT; APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE BONDS AND RELATED DOCUMENTS; PROVIDING FOR THE SECURITY, RIGHTS, AND REMEDIES WITH RESPECT TO THE BONDS; AND GRANTING APPROVAL FOR CERTAIN OTHER ACTIONS WITH RESPECT THERETO BE ITRESOLVED by the City Council of the City of Maplewood, Minnesota (the “City” or “Issuer”), as follows: Section 1. Recitals. December 11, 201719 City Council Meeting Minutes Packet Page Number 20 of 130 E2 1.01.The City is a statutory city duly organized and existing under the Constitution and laws of the State of Minnesota. 1.02.On July 10, 2017, following a duly noticed public hearing, the City Council of the City the (“City Council”) adopted Resolution No. 17-07-1475 (the “Preliminary Resolution”) pursuant to which the City Council, among other things, preliminarily approved the issuance of multifamily housing revenue obligations, in an aggregate principal amount not to exceed $15,000,000, under the terms of Minnesota Statutes, Chapters 462C and 474A, as amended (collectively, the “Act”), for the benefit of Maple Pond MDG Limited Partnership, a Minnesota limited partnership (the “Borrower”), to finance the acquisition and rehabilitation of 168 units of multifamily rental apartments, and facilities functionally related and subordinate thereto, commonly known as Maple Pond Apartments, locatedat 1854 Beebe Road in the City (the “Project”). 1.03.The Preliminary Resolution constitutes a reimbursement resolution and an official intent of the Issuer to reimburse expenditures with respect to the Project (as hereinafter defined) from the proceeds of tax-exempt revenue obligations in accordance with the provisions of Treasury Regulations, Section 1.150-2. 1.04.On November 13, 2017, the City Council adopted Resolution No. 17-11- 1513 (the “Temporary Note Resolution”), pursuant to which the City Council authorized the issuance of the City’s Multifamily Housing Revenue Note (Maple Pond Apartments Project), Series 2017 (the “Note”), in the principal amount of $11,200,00, to provide short-term financing for the acquisition and rehabilitation of the Project. 1.05.The Temporary Note was issued on December 1, 2017 and sold to Bridgewater Bank. The Borrower intended to refund the Temporary Note with the proceeds of permanent obligations to be issued by the City. The Temporary Note had an initial mandatory tender date of December 1, 2018. The Temporary Note was drawn down for the purposes of financing the Project. 1.06.The Borrower is requesting that the City now issue its multifamily housing revenue obligations, in one or more series, as tax-exempt obligations (the “Bonds”), in the maximum aggregate principal amount of $11,200,00, as permanent financing for the Project, the proceeds of which, along with unspent proceeds of the Temporary Note, will be used to (i) refund the Temporary Note and provide permanent financing for the acquisition and rehabilitation of the Project; (ii) pay capitalized interest on the Bonds during the rehabilitation of the Project; (iii) fund required reserves; and (iv)pay costs of issuance of the Bonds. 1.07.The Bonds are proposed to be sold publicly and underwritten by Dougherty & Company LLC, a Delaware limited liability company (the “Underwriter”). 1.08.The Bonds are proposed to be issued pursuant to the Preliminary Resolution, the Temporary Note Resolution, this resolution, the Act, and a Trust Indenture, dated on or after December 1, 2017 (the “Indenture”), between the Issuer and U.S. Bank National Association, a national banking association, or another trustee to be selected by the Borrower (the “Trustee”). December 11, 201720 City Council Meeting Minutes Packet Page Number 21 of 130 E2 1.09.The proceeds derived from the sale of the Bonds are to be loaned by the Issuer to the Borrower under the terms of a Loan Agreement, dated on or after December 1, 2017 (the “Loan Agreement”), between the Issuer and the Borrower. 1.10.The Bonds and the interest on the Bonds (i)shall be payable solely from the revenues pledged and security provided therefor under the Loan Agreement and the Indenture, and additional sources of revenue provided by or on behalf of the Borrower; (ii)shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitation; (iii)shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers; (iv)shall not constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the Issuer other than the Issuer’s interest in the Loan Agreement; and (v)shall not constitute a general or moral obligation of the Issuer; Section 2. The Bonds. 2.1.The Issuer acknowledges, finds, determines, and declares that the issuance of the Bonds is authorized by the Act and is consistent with the purposes of the Act and that the issuance of the Bonds,and the other actions of the Issuer under the Indenture, the Loan Agreement, the Regulatory Agreement (as hereinafter defined), and this resolution constitute a public purpose and are in the interests of the Issuer. The Project constitutes a “qualified residential rental project” within the meaning of Section 142(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and a “multifamily housing development” authorized by the Act, and furthers the purposes of the Act. In authorizing the issuance of the Bonds for the refinancing of the Project and the related costs, the Issuer’s purpose is and the effect thereof will be to promote the public welfare of the Issuer and its residents by providing multifamily housing developments for low-or-moderate-income residents of the County and otherwise furthering the purposes and policies of the Act. 2.2.For the purposes set forth above, there is hereby authorized the issuance, sale, and delivery ofthe Bonds in one or more series in the aggregate principal amount not to exceed $11,200,000. The Bonds may be designated as Multifamily Housing Revenue Refunding Bonds (Maple Pond Apartments Project), Series 2017. The Bonds may be given a different designation and may be issued in any number of series, as the Mayor of the Issuer and the City Manager of the Issuer (the “Mayor” and the “City Manager”), in their discretion, shall determine. The Bonds, substantially in the form set forth in the Indenture, now on file with the Issuer, are hereby approved with the amendments referenced herein. All of the provisions of the Bonds, when executed as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Bonds shall bear interest at the rates, shall be designated, shall be numbered, shall be dated, shall mature, shall be in the aggregate principalamount, shall be subject to redemption prior to maturity, shall be in such form, and shall have such other terms, details, and provisions as are prescribed in the Indenture, with necessary and appropriate variations, omissions, and insertions (including the addition of a series designation reflecting the year in which the Bonds are issued and any other changes to the title of the Bonds as deemed appropriate, and changes to the aggregate principal amount of the Bonds, the stated maturity of the Bonds, the interest rates on the Bonds, and the terms of redemption of the Bonds) as the Mayor and City Manager (the “Issuer Officials”), in their discretion, shall determine. The execution of the Bonds with the manual or facsimile signatures of December 11, 201721 City Council Meeting Minutes Packet Page Number 22 of 130 E2 the Issuer Officials and the delivery of the Bonds by the Issuer Officials shall be conclusive evidence of such determination. The Issuer hereby authorizes the Bonds to be issued, in whole or in part, as “tax-exempt bonds” the interest on which is excludable from gross incomefor federal and State of Minnesota income tax purposes; provided that, if necessary, certain Bonds may be issued as taxable obligations. 2.3.The Indenture is hereby approved and the Issuer Officials are hereby authorized to execute and deliver the Indenture on behalf of the Issuer. All of the provisions of the Indenture, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Indenture shall be substantially in the form now on file with the Issuer with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution and delivery thereof by the Issuer Officials shall be conclusive evidence of such determination. 2.4.The Loan Agreement is hereby approved and the Issuer Officials are hereby authorized to execute and deliver the Loan Agreement on behalf of the Issuer. All of the provisions of the Loan Agreement, when executed and delivered as authorized herein, shall be deemed to be a part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. The Loan Agreement shall be substantially in the form now on file with the Issuer with such necessary and appropriate variations, omissions, and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution and delivery thereof by the Issuer Officials shall be conclusive evidence of such determination. The proceeds of the loan to be made under the terms of the Loan Agreement (the “Loan”) are hereby authorized to be applied to the payment of a portion of the costs of the acquisition, construction, and equipping of the Project and related costs. 2.5.The Bonds shall not constitute general or moral obligations of the Issuer but shall be special, limited obligations of the Issuer payable solely from the revenues provided by the Borrower under the terms of the Loan Agreement and from the revenues and security pledged, assigned, and granted under the terms of this resolution, the Bonds, the Loan Agreement, and any other security documents provided by the Borrower or any other party to secure the timely payment of the principal of, premium, if any, and interest on the Bonds. As provided in the Loan Agreement, the Bonds shall not be payable from nor charged upon any funds other than the revenue pledged to their payment, nor shall the Issuer be subject to any liability thereon, except as otherwise provided in this paragraph. No holder of the Bonds shall ever have the right to compel any exercise by the Issuer of any taxing powers of the Issuer to pay the Bonds or the interest or premium thereon, or to enforce payment thereof against any property of the Issuer except the interests of the Issuer in the Loan Agreement and the revenues and assets thereunder, which will be assigned to the Trustee under the terms of the Indenture. 2.6.The Bonds shall recite that the Bonds are issued under the Act, and that the Bonds, including interest and premium, if any, thereon, are payable solely from the revenues and assets pledged to the payment thereof, and the Bonds shall not constitute a debt of the Issuer within the meaning of any constitutional or statutory limitations. December 11, 201722 City Council Meeting Minutes Packet Page Number 23 of 130 E2 2.7.The Issuer acknowledges and hereby approves any one or more of the following to be provided as security for the payment of the obligations of the Borrower under the Loan Agreement, and the payment of the principal of, premium, if any, and interest on the Bonds: (i) one or more mortgages or security agreements granting a mortgage lien or security interest with respect to the Project or any portion thereof to the Trustee; (ii) one or more collateral assignments of the contracts between the Borrower and the architect and contractor with respect to the Project; (iii) one or more indemnity agreements; (iv) one or more disbursing agreements, between the Borrower, the Trustee, a disbursing agent to be selected by the Borrower, and a lender to provide for the disbursement of the proceeds of the Bonds and the Loan and (v) assignments of rents, guarantees, and other security instruments and documents that are intended to ensure timely payment of the Loan and the Bonds. All such security documents, if any are delivered, shall be substantially in the forms authorized and approved by the Borrower. Section 3.Additional Findings and Certifications. 3.1To ensure compliance with certain rental and occupancy restrictions imposed by the Act and Section 142(d) of the Code, and to ensure compliance with certain restrictions imposed by the Issuer, the Issuer Officials are also hereby authorized and directed to execute and deliver a Regulatory Agreement, dated on or after December 1, 2017, among the Issuer, the Borrower and the Trustee (the “Regulatory Agreement”). The Regulatory Agreement shall be substantially in the form now on file with the Issuer which is hereby approved, with such omissions and insertions as do not materially change the substance thereof, as the Issuer Officials, in their discretion, shall determine, and the execution thereof by the Issuer Officials shall be conclusive evidence of such determination. All of the provisions of the Regulatory Agreement, when executed and delivered as authorized herein, shall be deemed to bea part of this resolution as fully and to the same extent as if incorporated verbatim herein and shall be in full force and effect from the date of execution and delivery thereof. 3.2The Issuer Officials and any officer, agent, or employee of the Issuer are authorized, upon request, to furnish certified copies of all proceedings and records of the Issuer relating to the Bonds, and such other affidavits and certificates as may be required to show the facts relating to the Bonds as such facts appear from the books and records in the custody and control of the Issuer; and all such certified copies, certificates, and affidavits, including any heretofore furnished, shall constitute representations of the Issuer as to the truth of all statements contained therein. The Issuer Officials are hereby further authorized to execute and deliver, on behalf of the Issuer, all other certificates, instruments, and other written documents that may be requested by Kennedy & Graven, Chartered, bond counsel to the Issuer (“Bond Counsel”), the Trustee, the Borrower, or other persons or entities in conjunction with the issuance of the Bonds and the expenditure of the proceeds of the Bonds. Without imposing any limitations on the scope of the preceding sentence, the Issuer Officials are specifically authorized to execute and deliver such other documents and certificates as are necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds, including a Bond Purchase Agreement, dated on or after the pricing date of the Bonds, among the Issuer, the Borrower, and the Underwriter, one or more consents to the assignment of a development agreement, and other funds made available to the Borrower and the Project, one or more Information Return for Tax-Exempt Private Activity Bond Issues, Form 8038, with respect to the Bonds, a letter prepared in accordance with Section 42(m)(2)(D) of the Code evidencing the determination of the City, as the issuer of the December 11, 201723 City Council Meeting Minutes Packet Page Number 24 of 130 E2 Bonds, based on conclusions of a third party analyst, that the amount of tax credits to be allocated to the Project will not exceed the amount necessary for the financial feasibility of the Project and its viability as a qualified low-income housing project, endorsements to any tax certificates as to arbitrage, rebate, and other federal tax matters executed and delivered in connection with the issuance of the Bonds, appropriate amendments to the Housing Program (as described in the Preliminary Resolution and the Temporary Note Resolution), and all other documents and certificates as the Issuer Officials shall deem to be necessary or appropriate in connection with the issuance, sale, and delivery of the Bonds. The Issuer Officials are hereby further authorized and directed to execute and deliver all other instruments and documents necessary to accomplish the purposes for which the Bonds are to be issued. The preparation and filing of Uniform Commercial Code financing statements with respect to the assignment of the interests of the Issuer in the Loan Agreement (excluding any unassigned rights as provided in the Loan Agreement), are hereby authorized. The Issuer hereby authorizes Bond Counsel to prepare, execute, and deliver its approving legal opinions with respect to the Bonds. 3.3The Issuer will not participate in the preparation or distribution of any official statements or other disclosure documents relating to the offer and sale of the Bonds (the “Disclosure Documents”), except only for certain information relating specifically to the Issuer as approved by the Issuer, and will make no independent investigation with respect to the information contained in the Disclosure Documents, including the appendices thereto, and the Issuer assumes no responsibility for the sufficiency, accuracy, or completeness of such information. Subject to the foregoing, the Issuer hereby consents to the distribution and the use by the Underwriter of the Disclosure Documents in connection with the offer and sale of series of the Bonds to be offered and sold pursuant to such Disclosure Documents. The Disclosure Documents are the sole materials consented to by the Issuer for use in connection with the offer and sale of each publicly-offered series of the Bonds. 3.4The authority to approve, execute, and deliver future amendments to any of the documents referred to in this resolution or other documents executed and delivered by the Issuer in connection with the issuance of the Bonds is hereby delegated to the Issuer Officials, subject to the following conditions: (i) such amendments do not materially adversely affect the interests of the Issuer; (ii)such amendments do not contravene or violate any policy of the Issuer, and (iii) such amendments are acceptable in form and substance to Bond Counsel. The authorization hereby given shall be further construed as authorization for the execution and delivery of such certificates and related items as may be required to demonstrate compliance with the agreements being amended and the terms of this resolution. The execution of any instrument by the Issuer Officials shall be conclusive evidence of the approval of such instruments in accordance with the terms hereof. 3.5No covenant, stipulation, obligation, or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council, or any officer, agent, or employee of the Issuer in that person’s individual capacity, and neither the City Council nor any officer, agent, or employee executing the Bonds or any such documents shall be personally liable on the Bonds or such documents or be subject to any personal liability or accountability by reason of the issuance of the Bonds or the execution and delivery of such documents. No provision, covenant, or agreement contained in the aforementioned documents, the Bonds, or in any other document relating to the Bonds, and no obligation therein or herein imposed upon the Issuer or the breach thereof, shall December 11, 201724 City Council Meeting Minutes Packet Page Number 25 of 130 E2 constitute or give rise to a general or moral obligation of the Issuer or any pecuniary liability of the Issuer or any charge upon its general credit or taxing powers. In making the agreements, provisions, covenants, and representations set forth in such documents, the Issuer has not obligated itself to pay or remit any funds or revenues, other than funds and revenues derived from the Loan Agreement, which are to be applied to the payment of the Bonds, as provided therein. 3.6Except as herein otherwise expressly provided, nothing in this resolution or in the aforementioned documents expressed or implied, is intended or shall be construed to confer upon any person or firm or corporation, other than the Issuer, and any holders of the Bonds issued under the provisions of this resolution, any right, remedy or claim, legal or equitable, under and by reason of this resolution or any provisions hereof, this resolution, the aforementioned documents, and all of their provisions being intended to be and being for the sole and exclusive benefit of the Issuer, the Borrower, the Underwriter, and any beneficial owners from time to time of the Bonds issued under the provisions of this resolution. 3.7In case any one or more of the provisions of this resolution, other than the provisions limiting the liability of the Issuer, including those contained in Section 2.5, or of the aforementioned documents, or of the Bonds issued hereunder shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this resolution, or of the aforementioned documents, or of the Bonds, but this resolution, the aforementioned documents, and the Bonds shall be construed and endorsed as if such illegal or invalid provisions had not been contained therein. 3.8The Bonds, when executed and delivered, shall contain a recital that they are issued in accordance with the Act, and such recital shall be conclusive evidence of the validity of the Bonds and the regularity of the issuance thereof, and that all acts, conditions, and things required by the laws of the State of Minnesota relating to the adoption of this resolution, to the issuance of the Bonds, and to the execution of the aforementioned documents to happen, exist, and be performed precedent to the execution of the aforementioned documents have happened, exist, and have been performed as so required by law. 3.9The officers of the Issuer, Bond Counsel, other attorneys, and other agents or employees of the Issuer are hereby authorized to do all acts and things required of them by or in connection with this resolution, the aforementioned documents, or the Bonds, for the full, punctual, and complete performance of all the terms, covenants, and agreements contained in the Bonds, the aforementioned documents, and this resolution. If for any reason any of the Issuer Officials is unable to execute and deliver the documents referred to in this resolution, such documents may be executed by any member of the City Council or any officer of the Issuer delegated the duties of such Issuer Official with the same force and effect as if such documents were executed and delivered by such Issuer Official. 3.10The Borrower has agreed to pay the administrative fees of the Issuer when due in accordance with the terms of the Loan Agreement. The Borrower will also pay, or, upon demand, reimburse the Issuer for payment of, any and all costs incurred by the Issuer in connection with the Project and the issuance of the Bonds, whether or not the Bonds are issued, including any costs for reasonable attorneys’ fees. December 11, 201725 City Council Meeting Minutes Packet Page Number 26 of 130 E2 3.11It is understood and agreed by the Borrower that the Borrower shall indemnify the Issuer against all liabilities, losses, damages, costs, and expenses (including attorney’s fees and expenses incurred by the Issuer) arising with respect to the Project and the Bonds, as provided for andagreed to by and between the Borrower and the Issuer in the Loan Agreement. 3.12Except as otherwise provided in this resolution, all rights, powers, and privileges conferred and duties and liabilities imposed upon the City Council or the Issuer by the provisions of this resolution or of the aforementioned documents shall be exercised or performed by the Issuer or by such members of the City Council, or such officers, employees, or agents, or by such board, body, or agency thereof as may be required or authorized by law to exercise such powers and to perform such duties. No covenant, stipulation, obligation or agreement herein contained or contained in the aforementioned documents shall be deemed to be a covenant, stipulation, obligation or agreement of any member of the City Council, or any officer, agent, or employee of the Issuer in that person’s individual capacity, and neither the City Council nor any Issuer Officials executing the Bonds shall be personally liable on the Bonds or be subject to any personalliability or accountability by reason of the issuance thereof. Section 4.Previous Resolutions Supplemented. The provisions of this resolution hereby supplement the Preliminary Resolution and the Temporary Note Resolution. Section 6.Effective Date.This resolution shall be in full force and effect from and after its approval. Seconded by Councilmember XiongAyes – All The motion passed. 3.Repeal and Replace Public Rights-of-Way Ordinance a.Consider Approval of an Ordinance Repealing All Provisions of Chapter 32, Article I, Division 2 – Public Rights-of-Way and Replacing Them with New Provisions and Subsequently Renumbering Sections of Chapter 32, Article II b.Consider Approval of a Summary Ordinance Repealing All Provisions of Chapter 32, Article I, Division 2 – Public Rights-of-Way and Replacing Them with New Provisions and Subsequently Renumbering Sections of Chapter 32, Article II (4 Votes) Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the ordinance repealing all provision of Chapter 32, Article I, Division 2 –Public Rights-of-Way and replacing them with new provisions and subsequently renumbering sections of Chapter 32, Article II. Ordinance No.977 An Ordinance Repealing All Provisions of Chapter 32, Article I, Division 2 – Public Rights-of-Way and Replacing Them with New Provisions and SubsequentlyRenumbering Sections of Chapter 32, Article II December 11, 201726 City Council Meeting Minutes Packet Page Number 27 of 130 E2 Section 1. Sections 32-04 to 32-26 of the Maplewood City Code are hereby amended by deleting those sections in entirety. Section 2. The Maplewood City Code is hereby amended by adding the following: DIVISION 2. - PUBLIC RIGHTS-OF-WAY Sec. 32-4. - Findings, purpose and intent. The City of Maplewood holds the right-of-way within its geographical boundaries as an asset in trust for its citizens. The city and other public entities have invested millions of dollars in public funds to build and maintain the right-of-way. It also recognizes that some persons, by placing their equipment in the right-of-way and charging the citizens of the city for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. Although the installation of such service delivery facilities are in most cases necessary and proper use of the right-of-way, the city must regulate and manage such uses. To provide for the health, safety and welfare of its citizens and to ensure the integrity of its streets and the appropriate use of right-of-way, the city strives to keep its right-of-way in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the right-of- way, one of the causes for the early and excessive deterioration of its right-of-way is frequent excavation or other intrusions into its subsurface area. Accordingly,the city hereby enacts this new division of this code relating to right- of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights-of-way or to beplaced therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this division, persons excavating and obstructing the right-of-way will bear financial responsibility for their work. Finally, this division provides for recovery of out-of-pocket and projected costs from persons using the public rights-of-way. This division shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Section 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the “Act”) and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable rights of the city and users of the right-of-way. This division shall also be interpreted consistent with Minnesota Rules 7819.0050 – 7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the city to adopt and enforce general ordinances necessary to protect the health, safety, and welfare of the public. The provisions and requirements of this division shall apply to inter-governmental entities that have joint powers agreements with the city in accordance with the terms of such agreements, and shall not apply to other right-of-way users exempted by applicable law. December 11, 201727 City Council Meeting Minutes Packet Page Number 28 of 130 E2 Sec. 32-5. – Election to Manage the Public Rights-of-Way Pursuant to the authority granted to the city under state and federal statutory, administrative and common law, the city hereby elects, pursuant Minn. Stat. 237163 subd. 2(b), to manage rights-of-way within its jurisdiction. Sec. 32-6. - Definitions. The following definitions apply in this division of this code. References hereafter to “sections” are, unless otherwise specified, references to section of this division. Defined terms remaindefined terms, whether or not capitalized. Abandoned Facility. A facility no longer in service and physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is also abandoned if declared so by the right of way user. Applicant.Any person or entity requesting permission to excavate or obstruct a right-of-way. City.The City of Maplewood, Minnesota. For purposes of this division, city also means the City’s elected officials, officers, employees and agents. Collocate or Collocation.To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that isowned privately, or by the city or other governmental unit. Note: See, Minn. Stat. 237.162, Subd. 10. Commission.The State Public Utilities Commission. Congested Right-of-Way.A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04 subdivision 3, over a continuous length of 500 feet. Construction Performance Bond.Any of the following forms of security provided at permittee’s option: Individual project bond; Cash deposit; Security of a form listed or approved under Minn. Stat. Sec. 15.73, subd. 3; Letter of Credit, in a form acceptable to the city. Degradation.A decrease in the useful life of the right-of-way caused by excavation in or disturbanceof the right-of-way resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation or disturbance did not occur. Degradation Cost. Subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, December 11, 201728 City Council Meeting Minutes Packet Page Number 29 of 130 E2 not to exceed the maximum restoration shown on Maplewood Plates 1 to 13, and set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation Fee. The estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and which equals the degradation cost. Department. The department of public works for the city. Director.The director of the department of public works of the city, or her or his designee. Delay Penalty.The penalty imposed as a result of unreasonable delays in right- of-way excavation, obstruction, patching, or restoration as established by permit. Emergency.A condition that (1) poses a danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. Equipment.Any tangible asset used to install, repair or maintain facilities in any right-of-way. Excavate.To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation Permit.The permit which, pursuant to this division, must be obtained before a person may excavate in a right-of-way. An excavation permit allows the holder to excavate only in that part of the right-of-way described in the permit. Excavation Permit Fee. Money paid to the city by an applicant to cover the costs as provided in Section 32.15. Facilityor Facilities.Any tangible asset in the right-of-way required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minn. Stats. § 161.45, governing utility facility placement in state trunk highways. Five-Year Project Plan. Shows capital improvement projects (CIP) adopted by the city for construction within the next five years. High Density Corridor.A designated portion of the public right-of-way within which telecommunications right-of-way users having multiple and competing facilities may be required to build and install facilities in a common conduit system or other common structure. Hole.An excavation in the pavement, with the excavation having the excavation length less than the width of the pavement. Local Representative.A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for the registrant regarding all matters within the scope of this section. December 11, 201729 City Council Meeting Minutes Packet Page Number 30 of 130 E2 Management Costs.The actual costs the city incurs in managing its rights-of- way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspectingjob sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of-way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third-party contractor used by the city including fees tied to or based on customer counts, access lines, or revenues generated by the right-of-way or for the city, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statues Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the city fees and costs related to appeals taken pursuant to Section 32-28 on this division. Obstruct.To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit. Thepermit which, pursuant to this division, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified in the permit. Obstruction Permit Fee.Money paid to the city by a permittee to cover the costs as provided in Section 32-15. Patchor Patching.A method of pavement replacement that is considered temporary in nature. A patch consists of (1) the compaction of the sub base and aggregate base, and (2) the replacement in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. A patch is considered full restoration only when the pavement is included in the city's five-year project plan. Pavement.Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Pavement Repair Plates.Drawings and details for the reconstruction and repair of Maplewood right-of-way pavements (all types) that are herewith copied and adopted from the original 13 plates as suggested and provided by the Minnesota Public Utilities Commission and any supplemental additions as provided by the City of Maplewood. Permit.Has the meaning given “right-of-way permit” in Minnesota Statues, Section 237.162. Permitee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the city under this division. Person.An individualor entity subject to all laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. December 11, 201730 City Council Meeting Minutes Packet Page Number 31 of 130 E2 Registrantmeans any person or entity that digs, excavates, intrudes or has or seeks to have its facilities or equipment located in any right-of-way for temporary or permanent placement. Probation. The status ofa person that has not complied with the conditions of this division. Probationary Period. One year from the date that a person has been notified in writing that they have been put on probation. Registrant. Any person who (1) has or seeks to have its equipment or facilities located in any right-of-way, or (2) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. Restore or Restoration.The process by which the right-of-way and surrounding area, including pavement, foundation, and turf areas is returned to the same or better condition and life expectancy that existed before excavation. Restoration Cost.The amount of money paid to the city by a permittee to achieve the level of restoration according to plates1 to 13 of Minnesota Public Utilities Commission rules. Public Right-of-Way or Right-of-Way.The area on, below, or above a public roadway, highway, street, cart way, bicycle lane, and public sidewalk in which the city has an interest, including other dedicated rights-of-way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast services. Right-of-Way Permit.Either an excavation permit or obstruction permit, or both, depending on the context, required by this division. Right-of-Way User.(1) a telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or (2) a person owning or controlling a facility in the right-of-way that is used or is intended to be used for providing utility service, and who has a right under law, franchise, or ordinance to use the public right-of- way. Service or Utility Service.Includes: (1)Those services provided by a public utility as defined in Minn. Stat. 216B.02 subds. 4 and 6; (2)Services of a telecommunications right-of-way user, including transporting of voice or data information; (3)Services of a cable communications system as defined in Minn. Stats. Chapter 238; (4)Natural gas or electric energy or telecommunications services provided by a local government unit; December 11, 201731 City Council Meeting Minutes Packet Page Number 32 of 130 E2 (5)Services provided by a cooperative electric association organized underMinn. Stats. Chapter 308A; and (6)Water, sewer, steam, cooling, heating services, community television antenna system, fire and alarm communications, storm sewer, light, or power services including wind generation. Service Lateral. An underground facility that is used to transmit, distribute or furnish gas, electricity, communications, or water from a common source to an end use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer’s premises. Small Wireless Facility.A wireless facility that meets both of the following qualifications: (1)Each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure; and (2)All other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume , not including electric meters, concealment elements, telecommunications demarcation boxes, batter backup power systems, grounding equipment, power transfer switches, cutoff switches, and any equipment concealed from public view within or behind an existing structure or concealment. Note: Minn. Stat. 237.162, Subd. 11. Small Wireless Facility Permit. Thepermit which, pursuant to this division, must be obtained to create or install a wireless support structure, to collocate a small wireless facility, or otherwise install a small wireless facility in the right-of-way. Supplementary Application.An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface.The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the city’s two-year plan, in which case it is considered full restoration. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunications Right-of-Way User. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless services, or transporting telecommunication or other voice or data information. For purposes of this division, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 216B.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chap. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this division except to the extent such entity is offering wireless services. December 11, 201732 City Council Meeting Minutes Packet Page Number 33 of 130 E2 Two Year Project Plan. Shows projects adopted by the city for construction within the next two years. Utility Pole. A pole that is used in whole or in part to facilitate telecommunications or electrical service. Note: Minn. Stat. 237.162, Subd. 12. Wireless Facility.Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service , a radio transceiver, antenna, coaxial or fiber-optic, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Note: Minn. Stat. 237.162, Subd. 13. Wireless Service.Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable services. Wireless Support Structure. Any new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the city. Note: Minn. Stat. 237.162, Subd. 16. Sec. 32-7. – Administration. The director is the principle city official responsible for the administration of the right- of-way, right-of-way permits, and the ordinances related thereto. The director may delegate any or all of the duties hereunder. Sec. 32-8. – Registration and Right-of-Way Occupancy. (a)Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease, or assignment, must register with the city. Registration will consist of providing application information. (b)Registration Required Prior to Work.No person may construct, install, repair, remove, relocate or perform any work on, or use any facilities or any part thereof, inany right- of-way without first being registered with the city. Such registration shall be made on an application form provided by the city's department of public works and shall be accompanied by the registration fee set forth in this Code. Registration and the accompanying fee shall be required each calendar year. December 11, 201733 City Council Meeting Minutes Packet Page Number 34 of 130 E2 (c) Exceptions.Nothing herein shall be construed to repeal or amend the provisions of a city ordinance permitting person to plan or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way , and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this division. However, nothing herein relieves a person from complying with the provisions of the Minn. Stat. Chap. 216D, Gopher One Call Law. In addition, the following are not subject to the requirements of this section: (1)Person or persons planting or maintaining pre-approved boulevard surface plantings or gardens. (2)Person or persons installing mail boxes or private sidewalk from street or curb to dwelling or commercial structure. (3)Person or persons engaged in commercial or private snow removal activities. (4)Person or persons installing street furnishings. (5)Person or persons installing irrigation systems. (6)City of Little Canada.* (7)City of Maplewood. (8)City of North Saint Paul. (9)City of Oakdale.* (10)City of Saint Paul.* (11)City of Woodbury.* (12)Board of Water Commissioners of the City of Saint Paul.* (13)Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this section. * See appendix I. Sec. 32-9. – Registration Information. (a)Information Required. The information provided to the city at the time of registration shall include, but not be limited to: (1)Each registrant’s name, Gopher One-Call registration certificate number, address and email address, if applicable, and telephone and facsimile numbers. (2)The name, address, and email address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee December 11, 201734 City Council Meeting Minutes Packet Page Number 35 of 130 E2 shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3)A certificate of insurance or self-insurance: (i)Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the state of Minnesota, or a form of self-insurance acceptable to the city; (ii)Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the right of way by the registrant, its officers, agents, employees, and permittees, and (ii) placement and use of facilities and equipment in the right of way by the registrant, its officers, agents, employees, and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities, and collapse of property; (iii)Naming the city as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (iv)Requiring that the city be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and (v)Indicating comprehensive liability coverage, automobile liability coverage, workers’ compensation and umbrella coverage established by the city in amounts sufficient to protect the city and the public and to carry out the purposes and policies of this chapter. (vi)The city may require a copy of the actual insurance policies. (vii)If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. § 300.06 as recorded and certified to by the secretary of state. (viii)A copy of the person’s order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. (ix)General liability. Public liability, including premises, products and complete operations: Bodily injury liability - $1,500,000.00 each person, $3,000,000.00 each occurrence. Property damage liability - $3,000,000.00 each occurrence. December 11, 201735 City Council Meeting Minutes Packet Page Number 36 of 130 E2 In lieu of (1) and (2) bodily injury and property damage combined - $3,000,000.00 single limit. (x)Comprehensive. Automobile liability insurance, including owned, non-owned and hired vehicles: Bodily injury liability - $1,500,000.00 each person, $3,000,000.00 each occurrence. Property damage liability - $3,000,000.00 each occurrence. In lieu of (1) and (2)bodily injury and property damage combined - $3,000,000.00 single limit. (4)An acknowledgment by the registrant of the indemnification pursuant to this Code. (5)Such additional information as the city may require. (b)Notice of Changes.The registrant shall keep all of the information listed above current at all times by providing to the city information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. Sec. 32-10. - Reporting Obligations. (a)Operations.Each registrant shall, at the time of registration and not later than November 1 of each year, file a proposed construction and major maintenance plan for underground facilities with the city. Such plan shall be submitted using a format designated by the city and shall contain the information determined by the city to be necessary to facilitate construction coordination and reduction in the frequency of excavations and obstructions of right-of-way. The plan shall include, but not be limited to, thefollowing information: (1)To the extent known, the locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year (in this section, a “next year project”); and (2)To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year (in this section, a “five-year project”). The term “project” in this section shall include both next-year projects and five-year projects. By January 1 of each year, the city will have available for inspection in the public works department office a composite list of all projects of which the city has been informed of the annual plans. All registrants are responsible for keeping themselves informed of the current status of this list. December 11, 201736 City Council Meeting Minutes Packet Page Number 37 of 130 E2 Thereafter, by February 1, each registrant may change any project in its list of next- year projects, and must notify the city and all other registrants of all such changes in said list. Notwithstanding the foregoing, a registrant may at any time join in a next-year project of another registrant listed by the other registrant. (b)Additional Next-Year Projects. Notwithstanding the foregoing, the city will not deny an application for a right-of-way permit for failure to include a project in a plan submitted to the city if the registrant has used commercially reasonable efforts to anticipate and plan for the project. Sec. 32-11. - Permit requirement. (a)Permit Required.Except as otherwise provided in this code, no person may obstruct or excavate any right of way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the city to do so. (1)Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2)Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3)Small Wireless Facility Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. Note: Minn. Stat. 237.163, Subd. 13. (b)Permit Extensions.No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (i) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is granted. No person may do any work outside the area specified in the permit unless such person makes a supplementary application before the expiration of the permit. Payment of all fees for an extension of the permit is required before extension may be granted by the city; If the work could not be completed becauseof circumstances beyond the control of the permit holder or the work was delayed or prohibited by unseasonable or unreasonable conditions, the city may grant and extend the completion date of the work. (c) Delay penalty. In accordance with Minn. Rule 7819.1000 subp. 3 and notwithstanding subsection (b) of this section, the city shall establish and may impose a delay penalty for unreasonable delays in right-of-way excavation, obstruction, patching, or December 11, 201737 City Council Meeting Minutes Packet Page Number 38 of 130 E2 restoration. The delay penalty shall be established from time to time by City Council resolution. A delay penalty will not be imposed if the delay is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God, or civil strife. (d)Permit Display.Permits issued under this section shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the city. Sec. 32-12. - Permit Applications. (a)Applications.An application fora permit is made to the city and shall be made on forms provided by the city. If the work is to be performed by an agent, contractor, or subcontractor on behalf of the registrant, such application shall be signed by the registrant. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (1)Registration with the city pursuant to this division. (2)Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (3)Payment of money due the city for: (i)permit fees, estimated restoration costs, and other management costs; (ii)prior obstructions or excavations; (iii)any undisputed loss, damage, or expense suffered by the city because of applicant’s prior excavations or obstructions of the rights-of-way or any emergency actions taken by the city; (iv)franchise fees or other charges, if applicable. (4)Payment of disputed amounts due the city by posting security or depositing in an escrow account an amount equal to at least 110 percent of the amount owing. (5)Posting an additional or larger construction performance bond for additional facilities when applicant requests an excavation permit to install additional facilities and the city deems the existing construction performance bond inadequate under applicable standards. (6)Any other information reasonably required by the city. (b)Security.A construction performance bond in an amount determined by the city shall be required from each applicant. The applicant, at its option, may post security sufficient to cover all projects contemplated for the current calendar year. The bond must be approved by the city attorney. Security required pursuant to this subsection shall be conditioned that the holder will perform the work in accordance with this division and applicable regulations and will pay to the city any costs incurred by the city in performing work pursuant to this division. Said conditions will indemnify and save the city and its officers, agents and employees harmless against any and all December 11, 201738 City Council Meeting Minutes Packet Page Number 39 of 130 E2 claims, judgment or other costs arising from any excavation and related work covered by the permit. The bond or any unused portions of a cash deposit shall be released by the city upon completion of the workand compliance with all conditions imposed by the right-of-way permit. For permits allowing excavations within public streets, such bond or unused part of a cash deposit shall be held for a period of 24 months to guarantee adequacy of all restoration work. Sec. 32-13. – Issuance of Permit; Conditions. (a)Permit Issuance. If the applicant has satisfied the requirements of this division, the city shall issue a permit. (b)Conditions. The city may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state, and federal laws, including but not limited to Minn. Stat. §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. (c) Small Wireless Facility Conditions. In addition to subdivision 2, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: (1)A small wireless facility shall only be collocated on the particular wireless support structure,under those attachment specifications, and at the height indicated in the applicable permit application. (2)No new wireless support structure installed within the right-of-way shall exceed 50 feet in height without the city’s written authorization, providedthat the city may impose a lower height limit in the applicable permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding 50 feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3)No wireless facility may extend more than 10 feet above its wireless support structure. (4)Where anapplicant proposes to install a new wireless support structure in the right- of-way, the city may impose separation requirements between such structure and any existing wireless support structure or other facilities in and around the right-of- way. (5)Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the city may impose reasonable requirements to accommodate the particular design, appearance or intendedpurpose of such structure. (6)Where an applicant proposes to replace a wireless support structure, the city may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. December 11, 201739 City Council Meeting Minutes Packet Page Number 40 of 130 E2 (d)Small Wireless Facility Agreement.A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the city, or any other city asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the city. The standard collocation agreement may require payment of the following: (1)Up to $150 per year for rent to collocate on the city structure. (2)$25 per year for maintenance associated with the collocation; (3)A monthly fee for electrical service as follows: (i)$73 per radio node less than or equal to 100 maximum watts; (ii)$182 per radio node over 100 maximum watts; or (iii)The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or affect any then-existing agreement between the city and applicant. (e)Dumpsters/portable-on-demand-storage (POD) units.The placement of dumpsters or POD units in the street portion of the right-of-way is not allowed. Dumpsters or POD units may be placed within the boulevard or driveway portions of the right-of-way provided that they do not obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary circumstances, the city right-of-way engineer may make exceptions to this provision and applicant shall be subject to the permitting and fee requirements of this division. (f)Exceptions.No permit shall be required for the following: (1)Approved surface landscaping work. (2)Approved private sidewalks, street furnishings, posts and pillars. (3)Snow removal activities. (4)Irrigation systems provided that the system does not connect directly to water mains in the right-of-way installed at the property owner risk. (5)Activities of the City of Maplewood. (6)If granted approval by the city, piercing or drilling a street or sidewalk/trail pavement for the purpose of exploratory examination or utility depth determination. Sec. 32-14. – Action on Small Wireless Facility Permit Applications. (a)Deadline for Action. The city shall approve or deny a small wireless facility permit application within 90 days after filing of such application. The small wireless facility December 11, 201740 City Council Meeting Minutes Packet Page Number 41 of 130 E2 permit, and any associated building permit application, shall be deemed approvedif the city fails to approve or deny the application within the review periods established in this section. (b)Consolidated Applications. An applicant may file a consolidated small wireless facility permit application addressing the proposed collocation ofup to 15 small wireless facilities, or a greater number if agreed to by a local government unit, provided that all small wireless facilities in the application: (1)are located within a two-mile radius; (2)consist of substantially similar equipment; and (3)are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the city may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. (c) Tolling of Deadline. The 90-day deadline for action on a small wireless facility permit application may be tolled if: (1)The city receives applications from one or more applicants seeking approval of permits for more than 30 small wireless facilities within a seven-day period. In such case, the city may extend the deadline for all such applications by 30 days by informing the affected applicants in writing of such extension. (2)The applicant fails to submitall required documents or information and the city provides written notice of incompleteness to the applicant within 30 days of receipt the application. Upon submission of additional documents or information, the city shall have ten days to notify the applicant in writing ofany still-missing information. (3)The city and a small wireless facility applicant agree in writing to toll the review period. Sec. 32-15. - Permit Fees. (a)Excavation Permit Fee. The city shall impose an excavation permit fee in an amount sufficient to recover the following costs: (1)the city management costs; (2)degradation costs, if applicable. (b)Obstruction Permit Fee. The city shall impose an obstruction permit fee in an amount sufficient to recover the city management costs. (c) Small Wireless Facility Permit Fee. The city shall impose a small wireless facility permit fee in an amount sufficient to recover: (1)management costs, and; December 11, 201741 City Council Meeting Minutes Packet Page Number 42 of 130 E2 (2)city engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (d)Payment of Permit Fees.No excavation permit or obstruction permit shall be issued without payment of excavation or obstruction permit fees. The city may allow applicant to pay such fees within thirty (30) days of billing. (e)Non Refundable. Permit fees that were paid for a permit that the city has revoked for a breach as stated in Section 32-26 are not refundable. (f)Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right of way user in the franchise. Sec. 32-16. - Right of Way Patching and Restoration. (a)Timing. The work to be done under the excavation permit, and the patching and restoration of the right of way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 32-20. (b)Patch and Restoration. Permittee shall patch its own work. The city may choose either to have the permittee restore the right of way or to restore the right of way itself. (1)City Restoration. If the city restores the right of way, permittee shall pay the costs thereof within thirty (30) days of billing. If, following such restoration, the pavement settles due to permittee’s improper backfilling, the permittee shall pay to the city, within thirty (30) days of billing, all costs associated with correcting the defective work. (2)Permittee Restoration. If the permittee restores the right of way itself, it shall at the time of application for an excavation permit post a construction performance bondin accordance with the provisions of Minn. Rule 7819.3000. (3)Degradation Fee in Lieu of Restoration. In lieu of right of way restoration, a right of way user may elect to pay a degradation fee. However, the right of way user shall remain responsible for patching and the degradation fee shall not include the cost to accomplish these responsibilities. (c) Standards. The permittee shall perform excavation, backfilling, patching, and restoration according to the standards and with the materials specified by the city and shall comply with Minn. Rule 7819.1100. (d)Duty to Correct Defects.The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the city, shall correct all restoration work to the extent necessary, using the method required by the city. Said work shall be completed within five (5) calendar days of the receipt of the notice from the city, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 32-20. December 11, 201742 City Council Meeting Minutes Packet Page Number 43 of 130 E2 (e)Failure to Restore. If the permittee fails to restore the right of way in the manner and to the condition required by the city, or fails to satisfactorily and timely complete all restoration required by the city, the city at its option may do such work. In that event the permittee shall pay to the city, within thirty (30) days of billing, the cost of restoring the right of way. If permittee fails to pay as required, the city may exercise its rights under the construction performance bond. Sec. 32-17. - Standards for construction or installation. (a)General standards.The permit holder shall comply with the following standards, to the extent consistent with applicable Minnesota rules, when performing the work authorized under the permit: (1)Take such precautions as are necessary to avoid creating unsanitary or unsafe conditions. Observe and comply with all laws, rules and regulations of the state and local governments. (2)Conduct the operations and perform the work in a manner as to insure the least obstruction to and interference with traffic. (3)Take adequate precautions to insure the safety of the general public and those who require access to abutting property. (4)Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5)Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. (6)Exercise precaution at all times for the protection of persons, including employees and property. (7)Protect and identify excavations and work operations with barricade flags and if required, by flagmen in the daytime and by warning lights at night. (8)Provide proper trench protection as required by O.S.H.A. (9)Protect the root growth of trees and shrubbery. (10)Where possible, provide for space in the installation area for other telecommunication right-of-way users and companies which install facilities in public right-of-way. (11)Maintain maximum access to all properties and cross streets as possible during construction operations and maintain emergency vehicle access at all times. (12)Maintain planned alignment and grade unless otherwise authorized by the city. Field changes not approved by the city will require removal and reconstruction. (13)During trenching of facilities, a warning tape must be placed at a depth of 12 inches above all copper cables with over 200 pairs and above any fiber facilities. December 11, 201743 City Council Meeting Minutes Packet Page Number 44 of 130 E2 (14)Beneath concrete or bituminous paved road surfaces, directional bore facilities shall be installed in conduit of a type approved by the city. (15)The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stats. § 326.243. (16)Locate all property lines nearright-of-way lines and replace any disturbed property corner markers or judicial monuments. A Minnesota licensed surveyor must be used in the replacement of disturbed property corners markers or judicial monuments. (17)Excavations, trenches and jackingpits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the city. (18)Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (19)All backfilling materials must be placed in six-inch lifts (maximum) at optimum moisture and compacted with the objective of attaining 95 percent of standard Proctor density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (20)Backfill material shall be subject to the approval of the city. The city may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the city. (21)Compacted backfill shall be brought to bottom of the gravel of the approved street section. (22)All work performed in the right-of-way shall be done in conformance with Maplewood Plates 1 to 13, unless a less stringent standard is approved by the city. (23)Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (24)No road surface damaging lugs, cleats or equipment may be used or driven upon paved city street surfaces. (25) Dirt, trash or other debris must be periodically removed during construction. (26)Other reasonable standards and requirements of the city. (b)Standards for installation of underground utilities.The permit holder shall comply with the following standards when installing facilities underground: (1)Underground facilities must be placed as far off the roadway as possible to provide access from outside of the paved area. (2)Buried fiber facilities shallbe at a minimum depth of three feet and a maximum depth of four feet unless an alternate location is approved by the city. Buried December 11, 201744 City Council Meeting Minutes Packet Page Number 45 of 130 E2 copper facilities beneath concrete or bituminous paved road surfaces must be placed at no less than three feet but no more than four feet deep. Other buried copper facilities must be placed at a minimum depth of 30 inches and a maximum depth of four feet. (3)Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the city. (4)If construction is open cut, the permit holder must install the visual tracers approximately 12 inches above buried facilities. If other construction methods are used, substitute location methods will be considered. (5)The permit holder shall register with Gopher State One Call and comply with the requirements of that system. (6)Compaction in trench backfill material shall be 95 percent of the standard Proctor density and copies of test results shall be submitted to the city. All tests and their locations shall be determined by the city. Tests must be conducted by an independent testing firm approved by the city. Street pavement replacement will not be permitted until sub-base densities are approved by the city. Testing shall be required at the discretion of the right-of-way engineer. Street pavement structure and materials shall be as specified by the city and repaved in accordance with Maplewood Plates 1-13. All pavement replacement shall be done in the presence of a city inspector with certified pavementmaterial to city specifications. (7)The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of five feet behind the curb. (8)When utilizing trenchless installation methods to cross an area in which a municipal utility is located, and/or when directed by the city, the permit holder shall excavate an observation hole over the utility to ensure that the city utility is not damaged.Observation holes shall not be backfilled until viewed and approved by the city right-of-way inspector. (9)All junction boxes or access points shall be located no closer than ten feet from municipal fire hydrants, valves, manholes, lift stations or catch basins unless an alternate location is approved by the city. (10)Underground facilities shall not be installed between a hydrant and an auxiliary valve. (11)Underground facilities shall not be installed within five feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the right-of- way. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of pavement and no closer than three feet to an existing municipal utility appurtenance unless approved by the city. (12)In areas where an extensive effort to determine the location of municipal utility lines will be required to accommodate the installation of private facilities, the city's December 11, 201745 City Council Meeting Minutes Packet Page Number 46 of 130 E2 representative for Gopher State OneCall must be contacted by the permit holder two weeks prior to the beginning of the work to schedule meetings. (13)Buried telecommunication facilities must have a locating wire or conductive shield, except for di-electric cables. (14)Buried fiber facilities must be placed in a conduit of a type determined by the right- of-way user unless the permit holder obtains a waiver from the city. (15)The standards set forth in the standards of installation of water mains required by the Board of Water Commissioners of the City of Saint Paul. (c) Standards for installation of overhead facilities. The permit holder shall comply with the following standards when installing facilities overhead: (1)All wires must be in compliance with the National Electric Safety Code and at a location that does not interfere with traffic signals, overhead signs, or streetlights. (d)Standards for wireless telecommunication facilities. (1)Purpose.The City of Maplewood desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the city strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the city also strives to avoid unnecessary encumbrances within the public right-of-way. The city allows and regulates wireless telecommunication facilitiesoutside of the public right-of- way through performance standards and height limits. The purpose of this section is to regulate wireless telecommunication facilities within the public right-of-way in a manner that balances desire for service with aesthetic, public safety, and right- of-wayflexibility concerns. (2)Wireless telecommunication facilities as pole attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the right-of-way after issuance of a pole attachment permit. a.The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. b.If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. c. The wireless telecommunication facility shall not be larger than threecubic feet and shall have no individual surface larger than four square feet. December 11, 201746 City Council Meeting Minutes Packet Page Number 47 of 130 E2 d.The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one-half feet, except that an antenna one-half-inch in diameter or less may extend an additional six inches. e.The wireless telecommunication facility shall include no ground-mounted equipment. f.The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. g.Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this division. h.The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (3)Wireless telecommunication facilities as pole extensions or with ground-mounted equipment.Wireless telecommunication facilities that require increased public utility structure height or that have ground-mounted equipment may be erected in the public right-of-way onlywhen in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit: a.The applicant shall demonstrate to the satisfaction of the city or his/her designee that the wireless telecommunication facility cannot be placed in a Code-complying location outside the right-of-way within one-quarter-mile of the proposed location. b.The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than 15 feet. Once the height of a public utility structure has been increased under the provisions of this section, the height shall not be further increased. c. The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. d.The wireless telecommunication facility shall not extend outward from the public utility structure by more than two feet. e.If feasible and desirable, as determined by the city, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. f.The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. g.A pole attachment or excavation permit for a wireless telecommunication facility that has ground-mounted equipment will be issued only if the issuing authority finds the following: December 11, 201747 City Council Meeting Minutes Packet Page Number 48 of 130 E2 1.The ground-mounted equipment will not disrupt traffic or pedestrian circulation; 2.The ground-mounted equipment will not create a safety hazard; 3.The location of the ground-mounted equipment minimizes impacts on adjacent property; and, 4.The ground-mounted equipment will not adversely impact the health, safety, or welfare of the community. h.Ground-mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: 1.Be set back a minimum of ten feet from the edgeof street or curb line; 2.Be separated from a sidewalk by a minimum of three feet; 3.Be set back a minimum of 50 feet from the nearest intersecting right-of- way line; 4.Be separated from the nearest ground-mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground; 5.If located adjacent to residential uses, ground-mounted equipment shall be limited to three feet in height above grade and 27 cubic feet in cumulative size; 6.If located adjacent to nonresidential uses, ground-mounted equipment shall be limited to five feet in height above grade and 81 cubic feet in cumulative size; 7.Ground-mounted equipment located outside the public right-of-way shall conform to the requirements of this Code. 8.Vegetative or other screening compatible with the surrounding area shall be provided around the ground-mounted equipment if deemed necessary by the city. i.Wireless telecommunication facilities in the right-of-way shall be removed and relocated at city request subject to the provisions of this division. (4)New poles.The construction in the right-of-wayof a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this section. (5)Charges.In addition to the permit fees outlined in this Code, the city reserves the right to charge telecommunication providers for their use of the public right-of- way to the extent that such charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public right-of-way. December 11, 201748 City Council Meeting Minutes Packet Page Number 49 of 130 E2 Sec. 32-18. - Joint Applications. (a)Joint Application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (b)Shared Fees. Registrants who apply for permits for the same obstruction or excavation, which the city does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (c) With city projects. Registrants who join in a scheduled obstruction or excavation performed by the city, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required. Sec. 32-19. - Supplementary Applications. (a)Limitation on Area. A right of way permit is valid only for the area of the right of way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. (b)Limitation on Dates. A right of way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. Sec. 32-20. - Other Obligations. (a)Compliance with Other Laws. Obtaining a right of way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the city or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minn. Stat. §§ 216D.01-.09 (Gopher One Call Excavation Notice System) and Minn. R., ch. 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right of way pursuant to its permit, regardless of who does the work. (b)Prohibited Work. Except in an emergency, and with the approval of the city, no right- of-way excavation or obstruction may be done when seasonally prohibited or when conditions are unreasonable for such work. (c) Interference with Right-of-way. A permit holder shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right of way may December 11, 201749 City Council Meeting Minutes Packet Page Number 50 of 130 E2 not be parked within or next to a permit area, unless parked in conformance with city parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (d)Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minn. Stat. ch. 216D and Minn. R., ch. 7560 and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the director. Sec. 32-21. - Denialof permit. (a)Reasons for Denial.The city may deny a permit for failure to meet the requirements and conditions of this chapter or if the city determines that the denial is necessary to protect the health, safety, and welfare of the public or when necessary to protect the right-of-way and its current use or for any of the following grounds: (1)Failure to register pursuant to requirements of this Code. (2)The applicant is subject to revocation of a prior permit issued pursuant to this division. (3)The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival or any other similar event. (4)The proposed schedule conflicts with scheduled or total or partial reconstruction of the right-of-way. (5)The applicant fails to comply with the requirements or other provisions of this Code. (b)Procedural Requirements.The denial or revocation of a permit must be made in writing and must document the basis for the denial. The city must notify the applicant or right-of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the city and resubmit its application. If the application is resubmitted within 30 daysof receipt of the notice of denial, no additional application fee shall be imposed. The city must approve or deny the resubmitted application within 30 days after submission. Sec. 32-22. - Emergencies and work done without a permit. Each registrant shall immediately notify the city and all other affected parties or property owners of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. If the registrant has not been issued the required permit, the registrant shall, within two business days after the occurrence of the emergency, apply for the necessary permits, pay the permit fees (where necessary) and fulfill the remaining requirements necessary to bring itself into compliance with this article for the actions it took in response to the emergency. December 11, 201750 City Council Meeting Minutes Packet Page Number 51 of 130 E2 If the city becomes aware of an emergency regarding a registrant's facilities, the city shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The city may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and (where appropriate) as a penalty, pay twice the normal fee for the permit and shall deposit with the city the fees determined to correct any damage to the right-of-way. Sec. 32-23. - Installation Requirements. The excavation, backfilling, patching and restoration, and all other work performed in the right of way shall be done in conformance with Minn. R. 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minn. Stat., §§ 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minn. R., ch 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the city in the applicable permits and/or agreements referenced in Section 32-29 subd. (b) of this ordinance. Sec. 32-24. - Inspection. (a)Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a completion certificate in accordance Minn. Rule 7819.1300. (b)Site Inspection. Permittee shall make the work site available to the city and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (c)Authority of Director. (1)At the time of inspection, the director may order the immediate cessation of any work which poses a serious threat to the life, health, safety, or well-being of the public. (2)The director may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit pursuant to Sec. 32-26. Sec. 32-25. - Work Done Without a Permit. (a)Emergency Situations. Each registrant shall immediately notify the director of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators’ notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of December 11, 201751 City Council Meeting Minutes Packet Page Number 52 of 130 E2 the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the city becomes aware of an emergency regarding a registrant’s facilities, the city will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (b)Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right of way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the city code, deposit with the city the fees necessary to correct any damage to the right ofway, and comply with all of the requirements of this chapter. Sec. 32-26. - Revocation of permits. (a)Substantial breach. The city may revoke a right-of-way permit, without a fee refund, if there is a substantial breach of the terms or conditions of any statute, this Code, rule or regulation, or any condition of the permit. A substantial breach of a permit holder shall include, butnot limited to, the following: (1)The violation of any material provision of the permit. (2)Any material misrepresentation of fact in the application for a permit. (3)The failure to maintain the required bonds or other security and insurance. (4)The failure to complete the work in a timely manner. (5)The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions or codes, upon inspection and notification by the city of the faulty condition. (6)An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (7)The failure to comply with the terms and conditions of any applicable federal, state and local laws, rules and regulations, including any provision of this division. (b)Notice of breach.Ifthe city determines that a permit holder has committed a substantial breach of a term or condition of any statute, this Code, rule or regulation or any condition of the permit, the city shall make a written demand upon the permit holder to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The city may impose additional or revised conditions on the permit to mitigate or remedy the breach. (c)Response to Notice of Breach. Within twenty-four (24) hours of receiving notification of the breach, permittee shall provide the city with a plan, acceptable to the city, that December 11, 201752 City Council Meeting Minutes Packet Page Number 53 of 130 E2 will cure the breach. Permittee’s failure to so contact the city, or permittee’s failure to timely submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. Further, permittee’s failure to so contact the city, or permittee’s failure to submit an acceptable plan, or permittee’s failure to reasonably implement the approved plan, shall automatically place the permittee on probation for one (1) full year. (d)Reimbursement of city costs. If a permit is revoked, the permit holder shall reimburse the city for its reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees incurred in connection with the revocation. Sec. 32-27. - Supplementary Notification. If the obstruction or excavation of the right of way begins later or ends sooner than the date given on the permit, permittee shall notify the city of the accurate information as soon as this information is known. Sec. 32-28. - Appeal. (a)Filing of appeal.Any person aggrieved by, (i) the denial of a permit application; (ii) the denial of a registration; (iii) the revocation of a permit, or (iv) the application of the fee schedule imposed by this Code, may appeal to the city council by filing a written notice of appeal with the city clerk. Said notice must be filed within 20 days ofthe action causing the appeal. (b)Notice of hearing.The city council shall hear the appeal at its next regularly scheduled meeting, unless the time is extended by agreement of theparties. Notice of the date, time, place and purpose of the hearing shall be mailed to the appellant. (c) Hearing and decision.The city council shall, at the hearing, consider any evidence offered by the appellant, the city and any other person wishing tobe heard. The council shall issue a written decision within 30 days ofthe completion of the hearing. Sec. 32-29. - Mapping data. (a)Information Required. Each registrant and permittee shall provide mapping information required by the city in accordancewith Minn. R. 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the director accurate maps and drawings certifying the “as- built” location of all equipment installed, owned,and maintained by the permittee with the location based on: (1)Offsets from property lines, distances from the centerline of the public right-of-way and curb lines as determined by the city; or (2)Ramsey County Coordinate System; or (3)Any other system agreed upon by the right-of-way user and the city; (4)The type and size of the utility; (5)A description showing above-ground appurtenances; December 11, 201753 City Council Meeting Minutes Packet Page Number 54 of 130 E2 (6)A legend explaining symbols, characters, abbreviations, scale and other data shown on the map; and (7)Any facilities to be abandoned, if applicable, in conformance with Minn. Stats. § 216D.04, subd. 3. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the city’s electronic mapping system, when practical or as a condition imposed by the director. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder’s registration. (b)Service Laterals. All permits issuedfor the installation or repair of service laterals, other than minor repairs as defined in Minn. R. 7560.0150, subp. 2, shall require the permittee’s use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to the director evidence satisfactory to the director of the installed service lateral locations. Compliance with this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after Dec. 31, 2005, shall be a condition of any city approval necessary for: (1)payments to contractors working on a public improvementproject, including those under Minn. Stat. ch. 429, and (2)city approval under development agreements or other subdivision or site plan approval under Minn. Stat. ch. 462. The director shall reasonably determine the appropriate method of providing such information to the city. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. Sec. 32-30. - Location and Relocation of Facilities. (a)Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minn. R. 7819.3100, 7819.5000, and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. Unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the City, Facilities in the right-of-way must be located or relocated and maintained underground in accordance with Chapter 32 of the City Code. (b)Corridors. The city may assign a specific area within the right of way, or any particular segment thereof as may be necessary, for each type of facility that is or, pursuant to current technology, the city expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the city involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the city shall, no later than at the time of the next December 11, 201754 City Council Meeting Minutes Packet Page Number 55 of 130 E2 reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the city for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs, and hardship to the registrant. (c)Nuisance. One year after the passage of this chapter, any facilities found in a right- of-way that have not been registered shall be deemed to be a nuisance. The city may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of- way to a useable condition. (d)Limitation of Space. To protect the health, safety, and welfare of the public, or when necessary to protect the right-of-way and its current use, the city shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the city shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public’s needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future city plans for public improvements and development projects which have been determined to be in the public interest. A right-of-way user shall promptly and at its own expense, with due regard for seasonal working conditions, remove and relocate its facilities in the right-of-way when it is necessary to prevent interference or obstruction, but not merely for the convenience of the city, in connection with: (1) a present or future city use of the right-of-way for a public project or facility, (2) the public health or safety; or (3) the safety and convenience of travel over the right-of-way. The registrant shall restore any right-of-way to the condition it was in prior to removal and relocation. Sec. 32-31. – Pre-Excavation Facilities Locations. In addition to complying with the requirements of Minn. Stat. 216D.01-.09 (“One Call Excavation Notice System”) before the start date of any right of way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. Sec. 32-32. - Damage to other facilities. When the city does work in the right-of-way and finds it necessary to maintain, support, or move a registrant’s facilities to protect it, the city shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of- way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the city’s response to an emergency occasioned by that registrant’s facilities. December 11, 201755 City Council Meeting Minutes Packet Page Number 56 of 130 E2 Sec. 32-33. – Right-of-way vacation. (a)Reservation of Right.If the city vacates a right of way that contains the facilities of a registrant, the registrant’s rights in the vacated right of way aregoverned by Minn. R. 7819.3200. (b)Reservation of right. If the city vacates a right-of-way which contains the equipment or facilities of a registrant or permit holder, and if the vacation does not require the relocation of the registrant's or permit holder's equipment or facilities, the city shall reserve, to and for itself and all registrants or permit holders having equipment and facilities in the vacated right-of-way, the right to install, maintain and operate any equipment and facilities in the vacatedright-of-way and to enter upon such right-of- way at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. (c)Relocation of facilities.If the vacation requires the relocation of the registrant's or permit holder's equipment or facilities; and (i) if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the city, the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the city and the registrant or permit holder; or (iii) if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such person or persons must pay the relocation costs. Sec. 32-34. - Indemnification and liability. By registering with the city, or by accepting a permit under this chapter, a registrant or permittee agrees to defend and indemnify the city in accordance with the provisions of Minn. Rule 7819.1250. (1)Limitation of liability. By reason of the acceptance of a registration or the grant of a right-of-way permit, the city does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the city, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permit holders or activities ofregistrants or permit holders. (2)Indemnification.A registrant or permit holder shall indemnify, keep and hold the city, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arisingout of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a right-of-way, whether or not any act or omission complaint of is authorized, allowed or prohibited by a right-of- way permit. The foregoing does not indemnify the city for its own negligence except for claims arising out of or alleging the city's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliancewith a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permit holder or the city, and the registrant or permit holder, in defending any action onbehalf of the city, shall be entitled to assert in any action every defense or immunity that the city could assert on its own behalf. December 11, 201756 City Council Meeting Minutes Packet Page Number 57 of 130 E2 If the registrant or permit holder is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permit holder may not settle the litigation without the consent of the city. Such consent will not be unreasonably withheld. Sec. 32-35. - Abandoned and unusable equipment and facilities. (a)Discontinued operations. A registrant who has determined to discontinue all or a portion of its operations in the city must provide information satisfactory to the city that the registrant's obligations for its facilities in the right-of-way under this division have been lawfullyassumed by another registrant. (b) Removal of abandoned facilities. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way to the extent such facilities interfere with another right-of-way repair, excavation, or construction, unless this requirement is waived by the city. Sec. 32-36. - Appeal. A right-of-way user that: (1) has been denied registration; (2) has been denied a permit; (3) has had a permit revoked; (4) believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, subd. 6; or (5) disputes a determination of the director regarding Section 32-26, subd.b of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. Sec. 32-37. - Reservation of Regulatory and Police Powers A permittee’s rights are subject to the regulatory and police powers of the city to adopt and enforce general ordinances as necessary to protect the health, safety, and welfare of the public. Sec. 32-38. - Severability. If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the city from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. Sec. 32-39. - Franchise holders. If there is a conflict in language between the franchise of a person holding a franchise agreement with the city or the water service agreement with the city and this division, the terms of the franchise or water service agreement shall prevail. APPENDIX I. ESSENTIAL MUNICIPAL SERVICES December 11, 201757 City Council Meeting Minutes Packet Page Number 58 of 130 E2 Special conditions and provisions to regulate and control right-of-way intrusions by essential service providers for which previous agreements or ordinances have been enacted and approved by the city in concurrence with the respective service providers. INDEX ArticleParticipating Municiple Provider A.City of Little Canada B.City of North Saint Paul C.City of Saint Paul D.City of Oakdale E.City of Woodbury F.Board of Water Commissioners of the City of Saint Paul Secs. 32-40 to 32-46- Reserved. Section 3. This section renumbers sections of Chapter 32, Article II as follows: Sec. 32-47. – Definitions. Sec. 32-48. – Duty to prevent discharges of dirt, debris, or other material. Sec. 32-49– Removal of dirt, debris, snow, or other material. Sec. 32-50– Notice to remove dirt, debris, snow, or other material; removal by city. Sec. 32-51– 32.60. – Reserved. Seconded by Councilmember SmithAyes – All The motion passed. Councilmember Xiong moved to approve the summary ordinance repealing all provisions of Chapter 32, Article I, Division 2 –Public Rights-of-Way and replacing them with new provisions and subsequently renumber sections of Chapter 32, Article II to meet the publishing requirements per State Statutes. SUMMARY ORDINANCE NO. 977 CITY OF MAPLEWOOD RAMSEY COUNTY,MINNESOTA ASUMMARY ORDINANCE REPEALING ALL PROVISIONS OF CHAPTER 32, ARTICLE I, DIVISION 2 – PUBLIC RIGHTS-OF-WAY AND REPLACING THEM WITH NEW PROVISIONS AND SUBSEQUENTLY RENUMBERING SECTIONS OF CHAPTER 32, ARTICLE II NOTICE IS HEREBY GIVEN that, on December 11, 2017, Ordinance No. ____was adopted by the City Council of the City of Maplewood, Minnesota. Due to the lengthy nature of Ordinance No. ___, the following Summary Ordinance No. ____ has been prepared for publication as authorized by state law. December 11, 201758 City Council Meeting Minutes Packet Page Number 59 of 130 E2 The ordinance adopted by the City Council on December 11, 2017 repeals and replacesChapter 32, Article I, Division 2 – Public Rights-of-Wayof theCity of Maplewood Code of Ordinances and subsequently renumbers sections of Chapter 32, Article II. The general purpose of this ordinance is to update Chapter 32, Article I, Division 2 –Public Rights-of-Way to administer and regulate the public rights-of-way in the public interest, accommodate and permit small wireless facilities, and to provide for theissuance and regulation ofright-of- way permits. A printed copy of the whole ordinance is available for inspection by any person during the City's regular office hoursat the Office of the City Clerk. The complete ordinance will be posted on the City's websitefollowing publication. APPROVED FOR PUBLICATION by the City Council of Maplewood, Minnesota, this th 11day of December, 2017. Seconded by Councilmember AbramsAyes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Slawikadjourned the meeting at9:23 p.m. December 11, 201759 City Council Meeting Minutes Packet Page Number 60 of 130 F1a MEMORANDUM TO:City Council FROM:Melinda Coleman, City Manager DATE:January 2, 2018 SUBJECT:Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning forupcoming agenda items and the Work Session schedule. These are not official announcementsof the meetings, but a snapshot look at the upcoming meetings for theCity Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule th 1.January 9 a.First wave of resident surveys mailed outfor National Citizen Survey th 2.January 11 a.State of the City Event nd 3.January 22 a.Workshop:Discuss Harvester Property Resale b.Council Meeting:Report from Fitch & Associates on Fire/EMS Service and Staffing th 4.February 12 a.Workshop:Administration Department Presentation, YMCA/MCC Operations Report Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Rental Licensing Survey (EEDD/Police Coordination) – inprogress Recommendation No action required. Attachments None. Packet Page Number 61 of 130 F1b MEMORANDUM TO:Melinda Coleman, City Manager FROM:Andrea Sindt, City Clerk DATE:January 3, 2018 SUBJECT:2018 City Council Meeting Calendar Introduction Approval ofacity council meeting calendar at the beginning of each year helps City Council, staff, applicantsand residents plan ahead for the year.The City Council reserves the right to cancel or add meetings as needed as long as all notice requirementsare met.Additionally, this action will satisfy MN State Statutes Section 13D.04 requirement to keep a schedule of City meetings on file at its primary office. Discussion City Council meetings are held at 7pm on the second and fourth Mondays of the month.Typically, a City Council Manager Workshop precedes each meeting starting no earlier than 5pm.After reviewing the calendar for 2018 there are threemeeting dates which are on observed holidays: May 28, Memorial Day; November 12, Veteran’s DayandDecember 24, Christmas Eve. The second May meeting could be cancelled, however, the first November meeting must be rescheduled to another day in that week for the canvassing of election results. Staff is proposing the council hold meetings on the Tuesday following the May and November holidaysand asper the practice of past years, staff is proposing the December 24 meetingbe cancelled. In addition, August 17 mayrequire a council meeting for the canvassing of local primary results. The time of this meeting will be determined closer to the date but hashistorically been held in the daytime. Budget Impact None Recommendation Staff recommendsthe council approve the 2018 city council meeting calendar with meetings on the second and fourth Mondays with the exception of moving the May 28 meeting to May 29,the November 12 meeting to November 13 and cancellingthe December 24meeting. Attachment 1.2018 City Council Meeting Calendar Packet Page Number 62 of 130 F1b, Attachment 1 2018 Maplewood City Council Meeting Calendar JanuaryFebruaryMarch SMTWTFSSMTWTFSSMTWTFS 123456123123 789101112134567891045678910 141516171819201112131415161711121314151617 212223242526271819202122232418192021222324 282930312526272825262728293031 AprilMayJune SMTWTFSSMTWTFSSMTWTFS 1234512 123456767891011123456789 8910111213141314151617181910111213141516 151617181920212021222324252617181920212223 22232425262728272829303124252627282930 2930 JulyAugustSeptember SMTWTFSSMTWTFSSMTWTFS 12341 12345675678910112345678 891011121314121314151617189101112131415 151617181920211920212223242516171819202122 2223242526272826272829303123242526272829 29303130 OctoberNovemberDecember SMTWTFSSMTWTFSSMTWTFS 1234561231 78910111213456789102345678 14151617181920111213141516179101112131415 212223242526271819202122232416171819202122 2829303125262728293023242526272829 3031 Council Meeting at 7pm, Workshop at 5pm Holiday Canvass Election results Suggested meeting date due to holiday Packet Page Number 63 of 130 F1c MEMORANDUM TO:Melinda Coleman, City Manager FROM:Andrea Sindt, City Clerk DATE:January 3, 2018 SUBJECT:2018 City Council Appointments to Boards, Commissions and Miscellaneous Groups At its first meeting of the year the City Council officially makes annual appointments to boards, commissions and groups of which the City is a member and to those who serve at the pleasure of the Council. The following appointments are for your consideration. (SL = Staff Liaison, ALT = Alternate, REP =Representative) Appointment2017 Appointments 2018 Appointments Acting Mayor*Councilmember JuenemannCouncilmember Smith *Rotation of acting mayors: 2013 Councilmember Juenemann, 2014 Councilmember Cardinal, 2015 Councilmember Abrams, 2016 Councilmember Xiong, 2017 Councilmember Juenemann. Auditor ContactCouncilmember Abrams Councilmember Abrams Councilmember JuenemannCouncilmember Juenemann Community Design Review BoardCouncilmember XiongCouncilmember Xiong Mike Martin (SL) Mike Martin (SL) Data Compliance Officers: Responsible AuthorityAndrea SindtAndrea Sindt City Personnel OfficerTerrie RameauxTerrie Rameaux City Law Enforcement OfficerPaul SchnellScott Nadeau Development Committee**Mayor SlawikMayor Slawik Councilmember JuenemannCouncilmemberXiong **Rotate councilmember to join mayor to workwithCity Manager onannual performance evaluation: 2016 Councilmember Abrams, 2017 Councilmember Juenemann. Economic Development AuthorityCouncilmember AbramsCouncilmember Abrams Chair Environment & Natural CouncilmemberJuenemannCouncilmember Juenemann Resources CommissionShann Finwall (SL) Shann Finwall (SL) Fire Relief AssociationMayor SlawikMayor Slawik Relief By-Laws require MayorMelinda Coleman (SL)Melinda Coleman (SL) to be member of the Board Gateway Corridor GroupCouncilmember Smith Councilmember Smith Mayor Slawik (ALT) Mayor Slawik (ALT) Michael Thompson (ALT) Steve Love (ALT) Heritage Preservation CommissionCouncilmember XiongCouncilmember Xiong Ginny Gaynor (SL) Ginny Gaynor (SL) Housing & Economic DevelopmentCouncilmember AbramsCouncilmember Abrams CommissionMike Martin (SL) Mike Martin (SL) Packet Page Number 64 of 130 F1c Appointment2017 Appointments2018 Appointments Maplewood CommunicationsCouncilmember AbramsCouncilmember Abrams Mayor Slawik (ALT) Mayor Slawik (ALT) CouncilmemberSmith (ALT) Councilmember Smith (ALT) Maplewood Green TeamCouncilmember JuenemannCouncilmember Juenemann Shann Finwall (SL) Shann Finwall (SL) Official NewspaperMaplewood ReviewMaplewood Review Pioneer Press (ALT) Pioneer Press (ALT) Parks & RecreationCouncilmember SmithCouncilmember Smith CommissionAudra Robbins (SL) Audra Robbins (SL) Planning CommissionCouncilmember Abrams Councilmember Abrams Mike Martin (SL) Mike Martin (SL) Police Advisory CommissionCouncilmember SmithCouncilmemberSmith Commander Kvam (SL)Commander Kvam (SL) Police Civil Service CommissionCouncilmemberJuenemannCouncilmemberJuenemann Terrie Rameaux (SL) Terrie Rameaux (SL) Ramsey County DispatchCouncilmember JuenemannCouncilmember Juenemann Policy CommitteeCouncilmember Abrams (ALT) Councilmember Abrams (ALT) Ramsey County League Councilmember SmithCouncilmember Smith of Local GovernmentsCouncilmember Xiong (ALT) Councilmember Xiong (ALT) Regional MayorsMayor SlawikMayor Slawik Rush Line CorridorMayor SlawikMayor Slawik Councilmember Smith (ALT)Councilmember Smith (ALT) Melinda Coleman(SL)Melinda Coleman (SL) Suburban Area ChamberMelinda ColemanMelinda Coleman of CommerceCouncilmember Abrams (REP) Councilmember Abrams (REP) Councilmember Smith (REP) Councilmember Smith (REP) Suburban Rate AuthorityMichael ThompsonSteve Love St. Paul Water UtilityWill RossbachWill Rossbach Recommendation Staff recommends the council approve the 2018 City Council Appointments to Boards, Commissions and Miscellaneous Groups. Attachment None Packet Page Number 65 of 130 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 66 of 130 G1 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director January 2, 2018 DATE: SUBJECT:APPROVAL OF CLAIMS 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: $262,416.10Checks # 100803 thru # 100837 dated 12/12/17 $537,697.23Disbursements via debits to checking account dated 12/04/17 thru 12/08/17 $431,520.94Checks # 100838 thru # 100876 dated 12/13/17 thru 12/19/17 $387,151.71Disbursements via debits to checking account dated 12/11/17 thru 12/15/17 $495,788.16Checks #100877 thru # 100931 dated 12/22/17 $576,458.68Disbursements via debits to checking account dated 12/18/17 thru 12/22/17 $636,508.41Checks # 100932 thru # 100948 dated 01/02/18 $492,600.21Disbursements via debits to checking account dated 12/26/17 thru 12/29/17 $3,820,141.44Total Accounts Payable PAYROLL $530,393.75Payroll Checks and Direct Deposits dated 12/15/17 $2,783.31Payroll Deduction check # 99102986 thru # 99102990 dated 12/15/17 $539,830.95Payroll Checks and Direct Deposits dated 12/29/17 $1,024.70Payroll Deduction check # 99103011 thru # 99103012 dated 12/29/17 $1,074,032.71Total Payroll $4,894,174.15GRAND 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. Attachments Packet Page Number 67 of 130 G1, Attachments Check Register City of Maplewood 12/08/2017 CheckDateVendorDescriptionAmount 10080312/12/201705234BOLER EXPRESS CAR WASHCAR WASHES - NOVEMBER61.19 10080412/12/201705114BOLTON & MENK, INC.GIS ASSSISTANCE - NEW PROJECTS4,161.00 10080512/12/201704137THE EDGE MARTIAL ARTSKARATE INSTRUCTION SEPT-OCT1,291.50 10080612/12/201700585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - NOVEMBER373.95 10080712/12/201705598KELLY & LEMMONS, P.A.PROSECUTION SERVICES - NOVEMBER16,250.00 10080812/12/201705353MANSFIELD OIL COCONTRACT GASOLINE - NOVEMBER10,146.57 12/12/201705353MANSFIELD OIL COCONTRACT DIESEL - NOVEMBER4,248.82 10080912/12/201705311WILLIE MCCRAYBASKETBALL REFEREES 12/02275.00 10081012/12/201701337RAMSEY COUNTY-PROP REC & REVMULCH - CITY CAMPUS/RAIN GARDENS240.00 10081112/12/201701546SUBURBAN SPORTSWEARYOUTH BASKETBALL JERSEYS2,781.50 10081212/12/201705013YALE MECHANICAL LLCLABOR PLUMBING - PD HOLDING CELLS633.25 10081312/12/201705761YMCAMCC IMPROV - PROJECT 1I, 1G, 1F74,725.42 10081412/12/201704169ALLOY WELDING & MFG., INC.REPAIR ROLL OFF DUMPSTER BOX1,900.00 10081512/12/201704155CIVICPLUSCUSTOM SUPPORT PROGRAMMING200.00 12/12/201704155CIVICPLUSSSL CERTIFICATE ANNUAL FEE25.00 10081612/12/201705477COOL AIR MECHANICAL, INC.PROJ 16-08 CITY HALL CHILLER RETAINAG16,479.95 12/12/201705477COOL AIR MECHANICAL, INC.PROJ 16-08 CITY HALL CHILLER PMT#84,559.05 12/12/201705477COOL AIR MECHANICAL, INC.PROJ 16-08 CITY HALL CHILLER PMT#72,139.88 10081712/12/201705344FLAGSHIP RECREATIONINSTALL EQUIP FOR GLADSTONE PLAYGRO66,964.43 10081812/12/201705736FOREST LAKE SPORTSMEN'S CLUBRANGE RENTAL FOR POLICE TRAINING1,440.00 10081912/12/201702852HCMC TRAUMA SERVICESEXTRA RN TIME FOR 2016 CLINIC200.00 10082012/12/201705533KIRVIDA FIREREPAIRS TO ENGINE #313536.70 10082112/12/201700857LEAGUE OF MINNESOTA CITIESADOBE ACRABAT PROF LICENSES1,845.00 12/12/201700857LEAGUE OF MINNESOTA CITIESREGIONAL LUNCHEON - M COLEMAN45.00 10082212/12/201700993MID-AMERICA BUSINESS SYSTEMSSCANNING NC DOCUMENTS1,047.90 10082312/12/201705877MIDWEST SECURITY PRODUCTSSECURITY KEY CABINET/CARD READER7,978.75 10082412/12/201700001ONE TIME VENDORCUSTOM REMODEL-775 LARPENTEUR117.00 10082512/12/201705667PROTEK LIGHTING SOLUTIONS LLCLED UPGRADES-OUTDOOR PW & PD2,285.00 10082612/12/201701340REGIONS HOSPITALMEDICAL SUPPLIES612.45 10082712/12/201702001CITY OF ROSEVILLEPHONE SERVICE - NOVEMBER2,699.17 10082812/12/201700198ST PAUL REGIONAL WATER SRVSWATER UTILITY1,467.73 10082912/12/201703826STERNBERG LIGHTING, INCREPLACEMENT LIGHT POLES ENGLISH/FRO4,250.00 10083012/12/201705876STORAGE WEST SOLUTIONS, INC.PROPERTY ROOM NARCOTICS CABINET5,969.98 10083112/12/201701550SUMMIT INSPECTIONSELECTRICAL INSPECTIONS - NOVEMBER1,987.40 10083212/12/201701626TIERNEY BROTHERS INC.CABLECAST RM/C CHAMBERS UPGRADES15,098.16 12/12/201701626TIERNEY BROTHERS INC.CABLECAST RM/C CHAMBERS UPGRADES4,506.64 10083312/12/201705449TOSHIBA BUSINESS SOLUTIONSFINAL PMT PW TOSHIBA 6550-CLF312955189.44 10083412/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-011454.06 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-002286.86 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-003279.20 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-004235.97 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-013231.86 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-001199.46 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-005183.96 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-012111.97 12/12/201705528TOSHIBA FINANCIAL SERVICES (2)CONTRACT 7950665-01089.93 10083512/12/201700449TYLER TECHNOLOGIES INCSERVER MIGRATION ASSISTANCE-SQL320.00 10083612/12/201702069ULTIMATE DRAIN SERVICES INCTELEVISING DRAIN/SINK STATION 1210.00 10083712/12/201705705TERRI WOLDJANITORIAL SERVICES - NOVEMBER80.00 262,416.10 35Checks in this report. Packet Page Number 68 of 130 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 12/4/2017MN State TreasurerDrivers License/Deputy Registrar84,348.86 12/4/2017Pitney BowesPostage2,000.00 12/4/2017U.S. TreasurerFederal Payroll Tax105,963.30 12/4/2017P.E.R.A.P.E.R.A.114,396.65 12/4/2017Labor UnionsUnion Dues2,352.04 12/4/2017MidAmerica - INGHRA Flex plan14,272.94 12/4/2017MN State TreasurerState Payroll Tax23,440.78 12/5/2017MN State TreasurerDrivers License/Deputy Registrar22,769.43 12/6/2017MN State TreasurerDrivers License/Deputy Registrar74,619.02 12/6/2017Delta DentalDental Premium1,766.83 12/7/2017MN State TreasurerDrivers License/Deputy Registrar59,755.64 12/8/2017MN State TreasurerDrivers License/Deputy Registrar31,499.51 12/8/2017MN Dept of Natural ResourcesDNR electronic licenses116.50 12/8/2017Optum HealthDCRP & Flex plan payments395.73 537,697.23 Packet Page Number 69 of 130 G1, Attachments Check Register City of Maplewood 12/14/2017 CheckDateVendorDescriptionAmount 10083812/13/201704431EVEREST EMERGENCY VEHICLES INC2017 FORD E450 AMBULANCE V#56285185,500.00 10083912/19/201700131ASPEN EQUIPMENT COFORESTRY (BUCKET) TRUCK RENTAL DEC3,600.00 10084012/19/201705114BOLTON & MENK, INC.PROJ 16-25 STERLING ST BRIDGE17,641.50 10084112/19/201704137THE EDGE MARTIAL ARTSKARATE INSTRUCTION NOV-DEC1,102.50 10084212/19/201705028ENERGY ALTERNATIVES SOLAR, LLCSOLAR SYS OPERATION & MAINT - DEC397.00 10084312/19/201700393MN DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - NOV 12303520171,162.85 10084412/19/201701202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - DECEMBER6,362.84 10084512/19/201701574T A SCHIFSKY & SONS, INCBITUNIMOUS MATERIALS~906.20 12/19/201701574T A SCHIFSKY & SONS, INCBITUNIMOUS MATERIALS~787.40 12/19/201701574T A SCHIFSKY & SONS, INCWEIGHTS FOR SANDER CALIBRATION10.00 10084612/19/201701190XCEL ENERGYELECTRIC & GAS UTILITY2,902.18 10084712/19/201705013YALE MECHANICAL LLCHVAC SUPPLIES & INSTALLATION~15,825.00 10084812/19/201705662ADVANCED CONCRETE SAWING, INC.PROJ 17-12 CURB CUT MACHINE RENTAL3,080.00 10084912/19/201700052ADVANCED GRAPHIX INCE450 GRAPHICS4,290.00 10085012/19/201703153BLUE RHINO STUDIO INCTAXIDERMY DISASSEMBLY/REASSEMBLY7,040.00 10085112/19/201703486BUBERL BLACK DIRT INCDISPOSAL OF LEAVES-FALL SWEEPING2,244.00 10085212/19/201705369CINTAS CORPORATION #470ULTRA CLEAN SRVS - CITY HALL588.80 12/19/201705369CINTAS CORPORATION #470ULTRA CLEAN SRVS - CITY HALL588.80 12/19/201705369CINTAS CORPORATION #470CLEANING SUPPLIES-CH/PD/PW/PM94.97 10085312/19/201705283EMERGENCY RESPONSE SOLUTIONSTIPS & PARTS2,423.15 10085412/19/201705618ENTERPRISE FM TRUSTLEASE CHARGES FIRE & PD VEHICLES3,031.74 10085512/19/201700003ESCROW REFUNDP DONNAY - 2240 HAZELWOOD ST N1,460.65 10085612/19/201700477ESS BROTHERS & SONS INCREPLACE TREE GRATE LEGACY PARK1,353.00 10085712/19/201700531FRA-DOR INC.BLACK DIRT - STORM RESTORATION160.00 10085812/19/201705881HARRIS, L.L.C.PROJ 14-01 FROST/E SHORE DR PMT#141,449.50 10085912/19/201704790MAYER ARTS, INC.DANCE INSTRUCTION6,602.00 10086012/19/201701111MOTOROLA, INCRADIO FOR NEW AMB4,074.50 10086112/19/201705356NORTH SUBURBAN ACCESS CORPWEBSTREAMING SRVS - NOV1,087.68 12/19/201705356NORTH SUBURBAN ACCESS CORPVIDEOGRAPHER SRVS - NOV961.40 10086212/19/201705880NOVEL ENERGY SOLUTIONSMCC IMPROV - PROJECT 1C SOLAR ARRAY11,200.00 10086312/19/201700001ONE TIME VENDORREIMB YANPING - SCOUT - APPLEWOOD250.00 10086412/19/201700001ONE TIME VENDORREFUND E DAVIS - TRANS MEDIC244.12 10086512/19/201700001ONE TIME VENDORREIMB B MEYER SPRINKLER SYS REPAIR211.04 10086612/19/201700001ONE TIME VENDORREIMB B SHUKLA SPRINKLER SYS REPAIR112.95 10086712/19/201700001ONE TIME VENDORREFUND D CHILDS - TRANS MEDIC100.00 10086812/19/201702903PARK CONSTRUCTION COPROJ 14-02 CO RD B TRAIL PMT#75,602.34 10086912/19/201705159PLAYPOWER LT FARMINGTON INCPLAYGROUND/INSTALL NEBRASKA PARK87,000.00 10087012/19/201705762POLYBEST, INC.ORGANIC BAGS FOR CITY HALL & PW696.24 10087112/19/201705879ROADKILL ANIMAL CONTROLDEER REMOVAL - NOVEMBER119.00 10087212/19/201704578S & S TREE SPECIALISTSTREE INSPECTION SERVICES793.00 10087312/19/201701626TIERNEY BROTHERS INC.CABLECAST RM/C CHAMBERS UPGRADES2,390.68 12/19/201701626TIERNEY BROTHERS INC.CABLECAST RM/C CHAMBERS UPGRADES2,268.31 12/19/201701626TIERNEY BROTHERS INC.CABLECAST RM/C CHAMBERS UPGRADES1,877.74 12/19/201701626TIERNEY BROTHERS INC.CABLECAST RM/C CHAMBERS UPGRADES259.86 10087412/19/201701649TRI-STATE BOBCAT, INC.BRUSH CUTTER RENTAL-POND MAINT649.00 10087512/19/201701669TWIN CITIES TRANSPORT &TOWING OF VEHICLE600.00 12/19/201701669TWIN CITIES TRANSPORT &TOWING OF VEHICLE150.00 10087612/19/201705878TWIN CITY PIPEWORKSWINTERIZATION - 2494 HARVESTER269.00 431,520.94 39Checks in this report. Packet Page Number 70 of 130 G1, Attachments Check Register City of Maplewood 12/04/2017 CheckDateVendorDescriptionAmount 10078012/08/201702950CHAD HERMANSONC HERMANSON - POLICE RESERVE421.75 10078112/08/201700020POLICE RESERVET TOUSIGNANT - POLICE RESERVE561.50 10078212/08/201700020POLICE RESERVEN GRUNDHAUSER - POLICE RESERVE421.50 10078312/08/201700020POLICE RESERVEM KUNZE - POLICE RESERVE420.25 10078412/08/201700020POLICE RESERVEN KREKELER - POLICE RESERVE308.75 10078512/08/201700020POLICE RESERVEL LILLY - POLICE RESERVE292.00 10078612/08/201700020POLICE RESERVEK MAUSTON - POLICE RESERVE286.50 10078712/08/201700020POLICE RESERVEG NAUMANN - POLICE RESERVE285.00 10078812/08/201700020POLICE RESERVEM LARSON - POLICE RESERVE239.25 10078912/08/201700020POLICE RESERVEM HELLER - POLICE RESERVE238.00 10079012/08/201700020POLICE RESERVEM PRINGLE - POLICE RESERVE224.50 10079112/08/201700020POLICE RESERVET OLSON - POLICE RESERVE203.50 10079212/08/201700020POLICE RESERVEC SALCHOW - POLICE RESERVE202.75 10079312/08/201700020POLICE RESERVEN NEDEAU - POLICE RESERVE192.00 10079412/08/201700020POLICE RESERVED KOMPELIEN - POLICE RESERVE189.75 10079512/08/201700020POLICE RESERVEJ SORENSEN - POLICE RESERVE186.25 10079612/08/201700020POLICE RESERVEJ BELLOZZO - POLICE RESERVE152.75 10079712/08/201700020POLICE RESERVEC BYRD - POLICE RESERVE142.75 10079812/08/201700020POLICE RESERVEJ MCKENZIE - POLICE RESERVE134.75 10079912/08/201700020POLICE RESERVEJ ZEMPEL - POLICE RESERVE105.00 10080012/08/201700020POLICE RESERVED SISTERMAN - POLICE RESERVE18.00 10080112/08/201700020POLICE RESERVEP YANG - POLICE RESERVE15.50 5,242.00 22Checks in this report. Packet Page Number 71 of 130 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 12/11/2017MN State TreasurerDrivers License/Deputy Registrar95,239.90 12/12/2017MN State TreasurerDrivers License/Deputy Registrar77,180.57 12/13/2017MN State TreasurerDrivers License/Deputy Registrar77,082.01 12/13/2017Delta DentalDental Premium2,466.07 12/14/2017MN State TreasurerDrivers License/Deputy Registrar38,533.41 12/15/2017MN State TreasurerDrivers License/Deputy Registrar37,796.03 12/15/2017US Bank VISA One Card*Purchasing card items52,509.10 12/15/2017Optum HealthDCRP & Flex plan payments733.12 12/15/2017ICMA (Vantagepointe)Deferred Compensation4,690.00 12/15/2017MN Dept of Natural ResourcesDNR electronic licenses921.50 387,151.71 *Detailed listing of VISA purchases is attached. Packet Page Number 72 of 130 G1, Attachments Transaction DatePosting DateMerchant NameTransaction AmountName 12/04/201712/06/2017THE HOME DEPOT #2801$31.02JOSHUA ABRAHAM 12/07/201712/08/2017CUB FOODS #1599$3.49JOSHUA ABRAHAM 12/07/201712/08/2017PP*DAYTRIPPERS$357.75JOSHUA ABRAHAM 11/27/201711/29/2017SEARS ROEBUCK 1122$23.83DAVE ADAMS 12/03/201712/06/2017TARGET 00011858$12.87PAUL BARTZ 12/04/201712/05/2017BATTERIES PLUS #31$80.85PAUL BARTZ 12/05/201712/07/2017MENARDS MAPLEWOOD MN$13.73PAUL BARTZ 12/01/201712/04/2017GENERAL CREDIT FORMS INC$95.93REGAN BEGGS 12/07/201712/08/2017PAKOR, INC.$279.75REGAN BEGGS 11/28/201711/29/2017HOO*HOOTSUITE MEDIA INC.$26.95CHAD BERGO 11/29/201711/30/2017STICKERYOU.COM$35.91CHAD BERGO 11/29/201712/01/2017EUROSTEP COMMERCE SRL$34.82CHAD BERGO 11/27/201711/28/20175.11 TACTICAL.COM ECOMM$901.79BRIAN BIERDEMAN 12/01/201712/06/2017SAFARILAND, LLC$390.85BRIAN BIERDEMAN 12/04/201712/06/2017GALLS$303.86BRIAN BIERDEMAN 12/05/201712/06/2017RECOIL SUBSCRIPTION$94.97BRIAN BIERDEMAN 11/25/201711/27/2017MISSISSIPPI MARKET - S$35.57OAKLEY BIESANZ 11/28/201711/29/2017FRATTALLONES SUMMIT HILL$49.58OAKLEY BIESANZ 11/29/201711/30/2017WALGREENS #3122$28.86OAKLEY BIESANZ 11/29/201711/30/2017WALGREENS #3122$4.81OAKLEY BIESANZ 11/29/201712/01/2017MENARDS MAPLEWOOD MN$29.99BRENT BUCKLEY 12/05/201712/06/2017U OF M CONTLEARNING$120.00NATHAN BURLINGAME 11/28/201711/29/2017TRACTOR-SUPPLY-CO #0199$353.50DANIEL BUSACK 11/25/201711/27/2017OREILLY AUTO #3256$12.99JOHN CAPISTRANT 12/02/201712/06/2017MENARDS MAPLEWOOD MN$6.54JOHN CAPISTRANT 11/27/201711/29/2017DEPARTMENT OF LABOR AND I$50.00SCOTT CHRISTENSON 11/27/201711/29/2017DEPARTMENT OF LABOR AND I$30.00SCOTT CHRISTENSON 11/27/201711/29/2017DEPARTMENT OF LABOR AND I$10.00SCOTT CHRISTENSON 11/27/201711/29/2017DEPARTMENT OF LABOR AND I$10.00SCOTT CHRISTENSON 12/06/201712/07/2017HENRIKSEN ACE HDWE$23.99SCOTT CHRISTENSON 12/06/201712/07/2017UNITED REFRIG BR #Z1$1,683.65SCOTT CHRISTENSON 11/29/201711/30/2017BEST BUY MHT 00000109$49.99SHAWN CONWAY 12/05/201712/06/2017DAKOTA CTY TECH BUS OFF$150.00SHAWN CONWAY 11/28/201711/29/2017KEEPRS$74.97THERESA CORCORAN 11/28/201711/29/2017RED WING SHOE #727$229.49DOUG EDGE 11/24/201711/27/2017U OF M CONTLEARNING$100.00PAUL E EVERSON 12/06/201712/08/2017BOUND TREE MEDICAL LLC($468.80)PAUL E EVERSON 12/05/201712/06/2017CVS/PHARMACY #01751$23.59SHANN FINWALL 12/04/201712/05/2017PAYPAL *MACIA$25.00CASSIE FISHER 12/01/201712/04/2017AMAZON MKTPLACE PMTS$49.94MYCHAL FOWLDS 12/01/201712/04/2017AMAZON.COM$24.69MYCHAL FOWLDS 12/01/201712/04/2017AMAZON MKTPLACE PMTS$49.92MYCHAL FOWLDS 12/01/201712/04/2017THE UPS STORE 2171$13.13MYCHAL FOWLDS 12/04/201712/05/2017CDW GOVT #KZL8762$690.02MYCHAL FOWLDS 12/05/201712/06/2017AMAZON MKTPLACE PMTS$39.96MYCHAL FOWLDS 12/06/201712/07/2017HYDROCAD SOFTWARE$264.00MYCHAL FOWLDS 12/06/201712/07/2017CAN*CANONFINANCIAL CFS$331.57MYCHAL FOWLDS 12/06/201712/07/2017VZWRLSS*APOCC VISB$7,811.27MYCHAL FOWLDS 12/06/201712/08/2017US INTERNET CORP$394.00MYCHAL FOWLDS 12/07/201712/08/2017LINE 1 PARTNERS$1,085.12MYCHAL FOWLDS 12/02/201712/04/2017AMAZON MKTPLACE PMTS$5.99NICK FRANZEN 12/02/201712/04/2017AMAZON MKTPLACE PMTS$5.99NICK FRANZEN 12/07/201712/08/2017IDU*INSIGHT PUBLIC SEC$4,580.52NICK FRANZEN 12/07/201712/08/2017KNOWLAN'S MARKET #2$6.22CAROLE GERNES 11/27/201711/28/2017AMAZON MKTPLACE PMTS$23.49ALEX GERONSIN Packet Page Number 73 of 130 G1, Attachments 11/28/201711/29/2017AMAZON MKTPLACE PMTS$129.45ALEX GERONSIN 11/30/201711/30/2017AMAZON MKTPLACE PMTS$422.42ALEX GERONSIN 11/30/201712/01/2017AMAZON MKTPLACE PMTS$101.69ALEX GERONSIN 12/01/201712/01/2017APL*APPLE ONLINE STORE$149.00ALEX GERONSIN 11/27/201711/28/2017HENRIKSEN ACE HDWE$19.34TAMARA HAYS 11/27/201711/29/2017MENARDS OAKDALE MN$37.32TAMARA HAYS 11/29/201712/01/2017THE HOME DEPOT #2801$20.46TAMARA HAYS 11/30/201712/01/2017HENRIKSEN ACE HDWE$4.98TAMARA HAYS 11/30/201712/04/2017THE HOME DEPOT #2801$6.97TAMARA HAYS 12/01/201712/04/2017HENRIKSEN ACE HDWE$16.55TAMARA HAYS 12/04/201712/06/2017VIKING INDUSTRIAL CENTER$311.33TAMARA HAYS 11/24/201711/27/2017DICK'SSPORTINGGOODS.COM$232.96JENNY HENDRICKS 11/25/201711/27/2017DICK'SSPORTINGGOODS.COM$15.00JENNY HENDRICKS 11/29/201711/30/2017OAKLEY.COM$114.25JENNY HENDRICKS 11/29/201711/30/2017TACTICALGEAR.COM$23.15JENNY HENDRICKS 12/04/201712/05/2017REEBOK E-COMM$59.98JENNY HENDRICKS 11/27/201711/28/2017HENRIKSEN ACE HDWE$9.99GARY HINNENKAMP 11/27/201711/29/2017THE HOME DEPOT #2801$430.17GARY HINNENKAMP 12/04/201712/05/2017VL OAKDALE CONTRAC$28.50GARY HINNENKAMP 12/04/201712/05/2017MILLS FLEET FARM 2700$111.91GARY HINNENKAMP 12/02/201712/06/2017DARN KNIT ANYWAY$4.82ANN HUTCHINSON 12/04/201712/05/2017BLUE RIBBON BAIT$8.55ANN HUTCHINSON 12/04/201712/05/2017PAWFECTION$8.27ANN HUTCHINSON 12/07/201712/08/2017MILLS FLEET FARM 2700$19.48ANN HUTCHINSON 11/29/201712/01/2017THE HOME DEPOT #2801$47.24DAVID JAHN 12/05/201712/06/2017DALCO ENTERPRISES$612.47DAVID JAHN 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HVAC MAINT - FIRE STATION #3506.25 10089012/22/201705559APPRIZE TECHNOLOGY SOLUTIONSONLINE BENEFITS ADMIN FEE- DEC310.00 10089112/22/201705884BARRON COUNTY WASTE TO ENERGYFEE FOR DRUG DESTRUCTION100.00 10089212/22/201704475BAUER SERVICES INC.REFUND BLDG PERMIT 1815 FLANDRAU460.80 10089312/22/201703351BLOOMINGTON, CITY OFPATHWAYS TO POLICING CADET PROG7,703.04 10089412/22/201701869DALE BOETTCHERVOLLEYBALL REFEREE 11/01 - 12/18243.00 10089512/22/201704886KAREN MARIE BOWMANVOLLEYBALL ASSIGNMENTS 11/01 - 12/181,092.00 10089612/22/201705847BRUCE A BROWNVOLLEYBALL REFEREE 11/01 - 12/1881.00 10089712/22/201705819CLEAN RESPONSE, INC.SEWER BACKUP SRVS 2018 HAZELWOOD1,416.17 10089812/22/201705807COMMUNITY HEALTH CHARITIESRECEPIENT #130765254 - PLEDGES420.00 10089912/22/201701871KENNETH COOPERVOLLEYBALL REFEREE 11/01 - 12/18891.00 10090000341REPAIR TO DOOR - STATION 1127.00 12/22/2017CRAWFORD DOOR SALES 10090112/22/201705283EMERGENCY RESPONSE SOLUTIONSFIREDEX SEAMLESS LONG BIB HOODS426.87 100902 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10091312/22/201705838MINNESOTA BENEFIT ASSOCIATIONPOLICY #1545249740180.84 10091412/22/201703276MN WOMEN IN CITY GOVERNMENTMEMBERSHIP FEE - MARYLEE ABRAMS25.00 10091512/22/201705741MOSS & BARNETTATTORNEY FEES-CABLE MATTERS-NOV8,304.40 10091612/22/201701175CITY OF NORTH ST PAULMONTHLY UTILITIES - NOVEMBER3,732.38 Packet Page Number 77 of 130 G1, Attachments 10091612/22/201701175CITY OF NORTH ST PAULFIBER OPTIC ACCESS CHG - DECEMBER1,000.00 10091712/22/201701174NORTH ST PAUL-MAPLEWOOD-MEMBERSHIP DUES M COLEMAN 4TH QTR225.00 10091812/22/201704507NORTHERN TECHNOLOGIES, LLCPROJ 16-12 PROF SRVS 10/29 - 12/023,294.00 10091912/22/201703271R J MARCO CONSTRUCTION INCBLDG CONST SRVS PD EXERCISE AREA27,621.00 10092012/22/201705338REPUBLIC SERVICES #923TRASH BILL - 2494 HARVESTER210.12 10092112/22/201704432EUGENE E. RICHARDSONVOLLEYBALL REFEREE 11/01 - 12/18648.00 10092212/22/201705120RICH SCHELLVOLLEYBALL REFEREE 11/01 - 12/18567.00 10092312/22/201705498RICHARD A. SCHMIDTVOLLEYBALL REFEREE 11/01 - 12/18162.00 10092412/22/201701836ST PAUL, CITY OFLIGHT POLE REPLACE-ENGLISH/FROST1,746.00 12/22/201701836ST PAUL, CITY OFLIGHT POLE REPLACE-ENGLISH/FROST67.28 10092512/22/201701519STAR TRIBUNENEWSPAPER SUBSCRIPTION 1 YEAR369.72 10092612/22/201705320SUN BADGE COSUNTONE CHALLANGE COINS945.00 10092712/22/201701669TWIN CITIES TRANSPORT &TOWING OF VEHICLE150.00 12/22/201701669TWIN CITIES TRANSPORT &FORFEITED VEHICLE TOWING100.00 12/22/201701669TWIN CITIES TRANSPORT &TOWING OF VEHICLE70.00 12/22/201701669TWIN CITIES TRANSPORT &TOWING OF VEHICLES70.00 10092812/22/201702464US BANKFUNDS FOR CITY HALL ATM10,000.00 10092912/22/201701730W W GOETSCH ASSOCIATES, INC.REPAIR LIFT STATION #21-755 MAPLEHILL1,341.00 10093012/22/201701872MARK WEBERVOLLEYBALL REFEREE 11/01 - 12/18378.00 10093112/22/201705882MCKNIGHT TOWNHOMES, WESTPOINT PRPRIVATE STREET LIGHT SYS REPAIR22,913.41 495,788.16 55Checks in this report. Packet Page Number 78 of 130 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 12/18/2017MN State TreasurerDrivers License/Deputy Registrar61,021.83 12/18/2017U.S. TreasurerFederal Payroll Tax99,758.95 12/18/2017P.E.R.A.P.E.R.A.107,638.97 12/18/2017Labor UnionsUnion Dues1,357.84 12/18/2017MidAmerica - INGHRA Flex plan20,122.94 12/18/2017Empower - State PlanDeferred Compensation29,200.00 12/19/2017MN State TreasurerDrivers License/Deputy Registrar29,287.53 12/19/2017MN State TreasurerState Payroll Tax21,648.92 12/20/2017MN State TreasurerDrivers License/Deputy Registrar58,918.23 12/20/2017MN Dept of RevenueFuel Tax309.51 12/20/2017MN Dept of RevenueSales Tax334.00 12/20/2017Delta DentalDental Premium1,144.09 12/21/2017MN State TreasurerDrivers License/Deputy Registrar98,360.43 12/22/2017MN State TreasurerDrivers License/Deputy Registrar47,099.07 12/22/2017Optum HealthDCRP & Flex plan payments256.37 576,458.68 Packet Page Number 79 of 130 G1, Attachments Check Register City of Maplewood 12/22/2017 CheckDateVendorDescriptionAmount 10093201/02/201800985METROPOLITAN COUNCILWASTEWATER - JANUARY268,615.34 10093301/02/201805488SUN LIFE FINANCIALPREMIUM - LIFE,LTD - JANUARY6,297.32 10093401/02/201801190XCEL ENERGYELECTRIC & GAS UTILITY399.54 01/02/201801190XCEL ENERGYFIRE SIRENS53.84 10093501/02/201805761YMCAEMPLOYEE MEMBERSHIPS - NOVEMBER1,444.00 01/02/201805761YMCAEMPLOYEE MEMBERSHIPS - OCTOBER1,081.00 10093601/02/201800052ADVANCED GRAPHIX INC2017 AMB DECALS70.00 10093701/02/201804808ALADTEC, INC.ONLINE SCHEDULING ANNUAL SUB2,463.00 10093801/02/201803892CARVER ELEMENTARY SCHOOLBUS SVC - POLLINATOR ED FIELD TRIPS253.20 10093901/02/201805283EMERGENCY RESPONSE SOLUTIONSFIRE HOSE PARTS3,202.01 10094001/02/201802154INDEPENDENT SCHOOL DIST 625BUS SVC - POLLINATOR ED FIELD TRIPS209.56 01/02/201802154INDEPENDENT SCHOOL DIST 625BUS SVC - POLLINATOR ED FIELD TRIPS185.05 01/02/201802154INDEPENDENT SCHOOL DIST 625BUS SVC - POLLINATOR ED FIELD TRIPS185.05 01/02/201802154INDEPENDENT SCHOOL DIST 625BUS SVC - POLLINATOR ED FIELD TRIPS144.22 01/02/201802154INDEPENDENT SCHOOL DIST 625BUS SVC - POLLINATOR ED FIELD TRIPS140.00 10094101/02/201800827L M C I TWORK COMP QTR JAN-MAR 2018108,430.00 01/02/201800827L M C I TINSURANCE PREMIUM JAN-MARCH 201856,381.00 10094201/02/201803818MEDICAMONTHLY PREMIUM - JANUARY181,543.28 10094301/02/201803069MN AMBULANCE ASSOCIATIONMEMBERSHIP DUES3,679.00 10094401/02/201801079MN CHIEFS OF POLICE ASSNMEMBERSHIP RENEWAL 2018 VOTING352.00 10094501/02/201803838MN FIAM BOOK SALESINSTRUCTION BOOKS540.00 10094601/02/201800001ONE TIME VENDORAUDI OVERPMT - PLATE AKB678540.00 10094701/02/201801342RAMSEY C0 CHF OF POLICE ASSNMEMBERSHIP DUES100.00 10094801/02/201800013TREE REBATEREIMB S CARTIER - TREE REBATE200.00 636,508.41 17Checks in this report. Packet Page Number 80 of 130 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 12/26/2017MN State TreasurerDrivers License/Deputy Registrar50,981.61 12/27/2017MN State TreasurerDrivers License/Deputy Registrar32,304.33 12/28/2017MN State TreasurerDrivers License/Deputy Registrar65,107.40 12/28/2017Delta DentalDental Premium1,201.03 12/29/2017MN State TreasurerDrivers License/Deputy Registrar22,754.75 12/29/2017MN Dept of Natural ResourcesDNR electronic licenses1,142.19 12/29/2017US Bank VISA One Card*Purchasing card items35,896.52 12/29/2017Optum HealthDCRP & Flex plan payments704.72 12/29/2017U.S. TreasurerFederal Payroll Tax108,631.11 12/29/2017P.E.R.A.P.E.R.A.107,885.68 12/29/2017Labor UnionsUnion Dues4,193.91 12/29/2017ICMA (Vantagepointe)Deferred Compensation4,690.00 12/29/2017Empower - State PlanDeferred Compensation29,353.00 12/29/2017MN State TreasurerState Payroll Tax23,553.96 12/29/2017ICMA (Vantagepointe)Retiree Health Savings4,200.00 492,600.21 *Detailed listing of VISA purchases is attached. Packet Page Number 81 of 130 G1, Attachments Transaction DatePosting DateMerchant NameTransaction AmountName 12/20/201712/21/2017OLD LOG THEATRE$96.00JOSHUA ABRAHAM 12/12/201712/14/2017SEARS ROEBUCK 1122$83.12DAVE ADAMS 12/12/201712/14/2017MENARDS MAPLEWOOD MN$74.78DAVE ADAMS 12/20/201712/22/2017THE HOME DEPOT #2801$19.89DAVE ADAMS 12/20/201712/22/2017THE HOME DEPOT #2801$17.16DAVE ADAMS 12/20/201712/22/2017TARGET 00011858$36.80PAUL BARTZ 12/12/201712/13/2017PAKOR, INC.$258.97REGAN BEGGS 12/13/201712/15/2017OFFICE DEPOT #1090$107.62REGAN BEGGS 12/13/201712/15/2017OFFICE DEPOT #1090$22.49REGAN BEGGS 12/02/201712/11/2017DROPBOX*8CLGR5NPRG46$750.00CHAD BERGO 12/15/201712/18/2017OFFICE DEPOT #1090$101.97CHAD BERGO 12/01/201712/11/2017COMO PARK ANIMAL HOSPITAL$203.81BRIAN BIERDEMAN 12/11/201712/12/2017PETCO 1652 63516520$6.40OAKLEY BIESANZ 12/11/201712/13/2017FRANKLIN SPORTS$216.00NEIL BRENEMAN 12/21/201712/22/2017BCS*ISD 622 COMMUNITY ED$301.25NEIL BRENEMAN 12/21/201712/22/2017GOPHER 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12/20/201712/22/2017MINNESOTA CHIEFS OF POLIC$410.00TAMMY WYLIE 12/21/201712/22/2017TRI-TECH/NATIONAL LAW$151.50TAMMY WYLIE $35,896.52 Packet Page Number 84 of 130 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 12/15/17ABRAMS, MARYLEE456.30 12/15/17JUENEMANN, KATHLEEN456.30 12/15/17SLAWIK, NORA518.43 12/15/17SMITH, BRYAN456.30 12/15/17XIONG, TOU456.30 12/15/17COLEMAN, MELINDA5,970.15 12/15/17FUNK, MICHAEL5,210.65 12/15/17KNUTSON, LOIS2,802.62 12/15/17CHRISTENSON, SCOTT2,302.33 12/15/17JAHN, DAVID2,318.10 12/15/17PRINS, KELLY2,361.81 12/15/17HERZOG, LINDSAY1,474.41 12/15/17RAMEAUX, THERESE3,466.16 12/15/17OSWALD, BRENDA2,322.45 12/15/17PAULSETH, ELLEN4,789.33 12/15/17ANDERSON, CAROLE1,023.15 12/15/17DEBILZAN, JUDY2,384.20 12/15/17RUEB, JOSEPH3,780.02 12/15/17ARNOLD, AJLA2,110.83 12/15/17BEGGS, REGAN2,051.40 12/15/17EVANS, CHRISTINE2,132.99 12/15/17LARSON, MICHELLE2,132.99 12/15/17SCHMIDT, DEBORAH3,428.97 12/15/17SINDT, ANDREA3,136.56 12/15/17HANSON, MELISSA1,171.71 12/15/17KRAMER, PATRICIA1,094.90 12/15/17MOY, PAMELA1,953.31 12/15/17OSTER, ANDREA2,181.18 12/15/17RICHTER, CHARLENE2,010.85 12/15/17VITT, SANDRA2,051.39 12/15/17WEAVER, KRISTINE2,919.08 12/15/17CORCORAN, THERESA2,135.29 12/15/17HENDRICKS, JENNIFER1,719.20 12/15/17KVAM, DAVID4,756.87 12/15/17NADEAU, SCOTT5,468.36 12/15/17SHEA, STEPHANIE1,848.99 12/15/17SHORTREED, MICHAEL4,623.75 12/15/17WYLIE, TAMMY2,030.60 12/15/17ABEL, CLINT3,284.01 12/15/17ALDRIDGE, MARK3,762.79 12/15/17BAKKE, LONN3,488.96 12/15/17BARTZ, PAUL3,802.52 12/15/17BELDE, STANLEY3,488.96 12/15/17BENJAMIN, MARKESE3,592.04 12/15/17BERGERON, ASHLEY2,116.12 12/15/17BIERDEMAN, BRIAN4,224.18 12/15/17BURT-MCGREGOR, EMILY2,092.63 12/15/17BUSACK, DANIEL5,465.99 12/15/17CARNES, JOHN3,266.84 12/15/17CROTTY, KERRY4,357.61 Packet Page Number 85 of 130 G1, Attachments 12/15/17DEMULLING, JOSEPH3,947.18 12/15/17DUGAS, MICHAEL5,316.92 12/15/17ERICKSON, VIRGINIA3,582.43 12/15/17FISHER, CASSANDRA2,247.33 12/15/17FORSYTHE, MARCUS3,095.79 12/15/17FRITZE, DEREK3,905.24 12/15/17GABRIEL, ANTHONY4,442.90 12/15/17HAWKINSON JR, TIMOTHY3,489.97 12/15/17HER, PHENG3,276.51 12/15/17HIEBERT, STEVEN3,488.96 12/15/17HOEMKE, MICHAEL3,221.54 12/15/17JOHNSON, KEVIN4,294.73 12/15/17KONG, TOMMY3,283.54 12/15/17KREKELER, NICHOLAS1,135.01 12/15/17KROLL, BRETT3,343.58119.00 12/15/17LANDEROS CRUZ, JESSICA464.00 12/15/17LANGNER, SCOTT3,224.58 12/15/17LANGNER, TODD4,279.96 12/15/17LENERTZ, NICHOLAS2,102.63 12/15/17LYNCH, KATHERINE3,509.34 12/15/17MARINO, JASON3,640.59 12/15/17MCCARTY, GLEN3,609.57 12/15/17METRY, ALESIA4,086.32 12/15/17MICHELETTI, BRIAN3,580.57 12/15/17MOE, AEH BEL232.00 12/15/17MULVIHILL, MARIA3,125.15 12/15/17MURRAY, RACHEL2,108.02 12/15/17NYE, MICHAEL4,176.44 12/15/17OLSON, JULIE3,459.48 12/15/17PARKER, JAMES3,271.73 12/15/17PETERSON, JARED2,950.20 12/15/17REZNY, BRADLEY3,582.08 12/15/17STARKEY, ROBERT2,537.00 12/15/17STEINER, JOSEPH3,748.65 12/15/17SYPNIEWSKI, WILLIAM3,224.58 12/15/17TAUZELL, BRIAN3,160.08 12/15/17THIENES, PAUL5,968.85 12/15/17VANG, PAM2,756.50 12/15/17WENZEL, JAY3,283.54 12/15/17XIONG, KAO3,284.01 12/15/17XIONG, TUOYER464.00 12/15/17ZAPPA, ANDREW3,436.76 12/15/17ANDERSON, BRIAN597.58 12/15/17BAHL, DAVID126.72 12/15/17BASSETT, BRENT488.91 12/15/17BAUMAN, ANDREW2,988.19 12/15/17BEITLER, NATHAN665.42 12/15/17BOURQUIN, RON36.22 12/15/17CAPISTRANT, JOHN392.04 12/15/17COREY, ROBERT325.93 12/15/17CRAWFORD - JR, RAYMOND3,353.15 12/15/17CRUMMY, CHARLES434.61 12/15/17DABRUZZI, THOMAS3,055.16 12/15/17DAWSON, RICHARD4,245.25 12/15/17EVERSON, PAUL3,410.57 12/15/17HAGEN, MICHAEL556.79 12/15/17HALE, JOSEPH221.76 12/15/17HALWEG, JODI3,567.86 12/15/17HAWTHORNE, ROCHELLE3,378.32 12/15/17HUTCHINSON, JAMES47.52 12/15/17IMM, TRACY617.90 Packet Page Number 86 of 130 G1, Attachments 12/15/17JANSEN, CHAD787.67 12/15/17KANE, ROBERT221.76 12/15/17KARRAS, JAMIE190.14 12/15/17KONDER, RONALD40.75 12/15/17KUBAT, ERIC3,177.48 12/15/17LANDER, CHARLES2,660.15 12/15/17LINDER, TIMOTHY3,751.10 12/15/17LOCHEN, MICHAEL253.54 12/15/17MERKATORIS, BRETT699.39 12/15/17MONDOR, MICHAEL4,774.52 12/15/17MORGAN, JEFFERY235.36 12/15/17NEILY, STEVEN808.05 12/15/17NIELSEN, KENNETH380.16 12/15/17NOVAK, JEROME3,566.59 12/15/17NOWICKI, PAUL271.64 12/15/17OPHEIM, JOHN55.44 12/15/17PACHECO, ALPHONSE516.08 12/15/17PETERSON, ROBERT3,893.96 12/15/17POWERS, KENNETH3,240.29 12/15/17RANGEL, DERRICK325.94 12/15/17RODRIGUEZ, ROBERTO3,006.48 12/15/17SAUERWEIN, ADAM325.94 12/15/17SEDLACEK, JEFFREY3,331.2933.75 12/15/17STREFF, MICHAEL3,297.54 12/15/17SVENDSEN, RONALD4,501.14 12/15/17ZAPPA, ERIC2,640.51 12/15/17CONWAY, SHAWN3,917.72 12/15/17LO, CHING1,198.19 12/15/17LUKIN, STEVEN5,214.17 12/15/17CORTESI, LUANNE2,132.61 12/15/17JANASZAK, MEGHAN2,402.01 12/15/17BRINK, TROY2,934.48 12/15/17BUCKLEY, BRENT2,636.24 12/15/17DOUGLASS, TOM2,091.75 12/15/17EDGE, DOUGLAS2,473.40 12/15/17JONES, DONALD2,506.09 12/15/17MEISSNER, BRENT2,511.79 12/15/17NAGEL, BRYAN4,269.40 12/15/17OSWALD, ERICK2,521.02 12/15/17RUIZ, RICARDO2,207.29 12/15/17RUNNING, ROBERT2,873.32 12/15/17TEVLIN, TODD2,506.09 12/15/17BURLINGAME, NATHAN2,897.61 12/15/17DUCHARME, JOHN3,077.51 12/15/17ENGSTROM, ANDREW3,098.09 12/15/17JAROSCH, JONATHAN3,851.64 12/15/17LINDBLOM, RANDAL3,077.51 12/15/17LOVE, STEVEN4,780.89 12/15/17ZIEMAN, SCOTT124.00 12/15/17HAMRE, MILES2,154.40 12/15/17HAYS, TAMARA2,307.34 12/15/17HINNENKAMP, GARY2,746.74 12/15/17NAUGHTON, JOHN2,532.64 12/15/17ORE, JORDAN2,287.33 12/15/17SAKRY, JASON1,984.41 12/15/17BIESANZ, OAKLEY2,328.55 12/15/17GERNES, CAROLE1,707.44 12/15/17HER, KONNIE493.00 12/15/17HUTCHINSON, ANN3,003.58 12/15/17WACHAL, KAREN1,092.46 12/15/17WOLFE, KAYLA593.6717.67 Packet Page Number 87 of 130 G1, Attachments 12/15/17GAYNOR, VIRGINIA3,672.64 12/15/17JOHNSON, ELIZABETH1,905.79 12/15/17KONEWKO, DUWAYNE5,347.80 12/15/17KROLL, LISA2,135.29 12/15/17VANG, XAO1,076.16 12/15/17ADADE, JANE1,551.23 12/15/17FINWALL, SHANN3,657.21 12/15/17MARTIN, MICHAEL3,699.07 12/15/17BRASH, JASON3,573.52 12/15/17SWAN, DAVID3,130.89 12/15/17SWANSON, CHRIS2,264.19 12/15/17WEIDNER, JAMES2,560.99 12/15/17WELLENS, MOLLY2,079.88 12/15/17ABRAHAM, JOSHUA2,184.99 12/15/17AYD, GWEN31.50 12/15/17BJORK, BRANDON261.00 12/15/17BRENEMAN, NEIL2,729.93 12/15/17FISHER, JADE30.00 12/15/17FUGATE, BENJAMIN42.00 12/15/17GORACKI, GERALD62.50 12/15/17KORF, CAIN20.00 12/15/17KUBAT, STEPHANIE80.00 12/15/17KUCHENMEISTER, GINA1,850.40 12/15/17LUSHANKO, ADAM30.00 12/15/17MCCRARY, JOLETTA30.00 12/15/17MEYER, ZACHARY42.00 12/15/17NEUMANN, BRAD227.50 12/15/17NORDLING, AARON102.00 12/15/17NZARA, KUZIVAKWASHE30.00 12/15/17NZARA, MUNASHE60.00 12/15/17PIEPER, THEODORE52.50 12/15/17ROBBINS, AUDRA3,856.01 12/15/17ROBBINS, CAMDEN468.75 12/15/17STECKLER, BRUCE45.00 12/15/17VUKICH, CANDACE348.50 12/15/17WAGNER, ERIC80.00 12/15/17WILLIAMS III, WALLACE30.75 12/15/17BERGO, CHAD3,353.99 12/15/17SCHMITZ, KEVIN2,058.11 12/15/17SHEERAN JR, JOSEPH3,482.66 12/15/17ADAMS, DAVID2,395.08 12/15/17HAAG, MARK3,248.27 12/15/17JENSEN, JOSEPH2,121.68 12/15/17SCHULTZ, SCOTT4,234.32 12/15/17WILBER, JEFFREY2,632.82 12/15/17WISTL, MOLLY232.00 12/15/17PRIEM, STEVEN2,747.69 12/15/17WOEHRLE, MATTHEW2,567.12 12/15/17XIONG, BOON2,166.70 12/15/17FOWLDS, MYCHAL4,324.35 12/15/17FRANZEN, NICHOLAS4,267.74 12/15/17GERONSIN, ALEXANDER2,572.90 12/15/17RENNER, MICHAEL2,290.50 9910298012/15/17BROWN, BRENDA56.00 9910298112/15/17DIEZ, ANTONIO108.50 9910298212/15/17HASSAN, MIFTAH84.00 9910298312/15/17KRATTENMAKER, JACOB62.00 9910298412/15/17KRUEGER, SCOTT209.00 9910298512/15/17MASON, TAKARA42.00 530,393.75 Packet Page Number 88 of 130 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 12/29/17ABRAMS, MARYLEE456.30 12/29/17JUENEMANN, KATHLEEN456.30 12/29/17SLAWIK, NORA518.43 12/29/17SMITH, BRYAN456.30 12/29/17XIONG, TOU456.30 12/29/17COLEMAN, MELINDA5,852.67 12/29/17FUNK, MICHAEL5,183.15 12/29/17KNUTSON, LOIS3,057.10 12/29/17CHRISTENSON, SCOTT2,482.90 12/29/17JAHN, DAVID2,140.86 12/29/17PRINS, KELLY2,361.81 12/29/17HERZOG, LINDSAY1,499.9825.57 12/29/17RAMEAUX, THERESE3,594.75 12/29/17TEGEGNE, HAILE-SELASE252.00 12/29/17OSWALD, BRENDA2,345.5423.11 12/29/17PAULSETH, ELLEN4,761.83 12/29/17ANDERSON, CAROLE1,538.99 12/29/17DEBILZAN, JUDY2,384.21 12/29/17RUEB, JOSEPH3,752.53 12/29/17ARNOLD, AJLA2,110.83 12/29/17BEGGS, REGAN2,055.63 12/29/17EVANS, CHRISTINE2,132.99 12/29/17LARSON, MICHELLE2,140.00 12/29/17SCHMIDT, DEBORAH3,401.47 12/29/17SINDT, ANDREA3,109.06 12/29/17HANSON, MELISSA1,313.11 12/29/17KRAMER, PATRICIA1,148.25 12/29/17MOY, PAMELA1,939.59 12/29/17OSTER, ANDREA2,723.18 12/29/17RICHTER, CHARLENE3,993.66 12/29/17VITT, SANDRA2,063.37 12/29/17WEAVER, KRISTINE2,921.57 12/29/17CORCORAN, THERESA2,135.30 12/29/17HENDRICKS, JENNIFER1,719.20 12/29/17KVAM, DAVID4,729.36 12/29/17NADEAU, SCOTT5,440.86 12/29/17SHEA, STEPHANIE1,848.99 12/29/17SHORTREED, MICHAEL4,596.25 12/29/17WYLIE, TAMMY2,030.59 12/29/17ABEL, CLINT3,417.93 12/29/17ALDRIDGE, MARK3,488.96 12/29/17BAKKE, LONN3,488.96 12/29/17BARTZ, PAUL3,884.43 12/29/17BELDE, STANLEY3,488.96 12/29/17BENJAMIN, MARKESE3,305.62 12/29/17BERGERON, ASHLEY2,116.12 12/29/17BIERDEMAN, BRIAN4,098.34 12/29/17BURT-MCGREGOR, EMILY2,092.63 12/29/17BUSACK, DANIEL6,453.33 12/29/17CARNES, JOHN3,095.79 Packet Page Number 89 of 130 G1, Attachments 12/29/17CROTTY, KERRY4,357.62 12/29/17DEMULLING, JOSEPH3,882.4785.70 12/29/17DUGAS, MICHAEL5,391.45 12/29/17ERICKSON, VIRGINIA3,694.97 12/29/17FISHER, CASSANDRA3,113.19 12/29/17FORSYTHE, MARCUS3,095.79 12/29/17FRITZE, DEREK3,679.86159.29 12/29/17GABRIEL, ANTHONY3,759.45 12/29/17HAWKINSON JR, TIMOTHY3,520.71 12/29/17HER, PHENG3,160.08 12/29/17HIEBERT, STEVEN3,488.96 12/29/17HOEMKE, MICHAEL3,042.69 12/29/17JOHNSON, KEVIN4,256.76 12/29/17KONG, TOMMY3,558.80245.00 12/29/17KREKELER, NICHOLAS1,158.93 12/29/17KROLL, BRETT3,269.35 12/29/17LANDEROS CRUZ, JESSICA221.13 12/29/17LANGNER, SCOTT3,224.58 12/29/17LANGNER, TODD3,923.08 12/29/17LENERTZ, NICHOLAS2,112.38 12/29/17LYNCH, KATHERINE3,095.79 12/29/17MARINO, JASON3,878.71 12/29/17MCCARTY, GLEN3,479.12 12/29/17METRY, ALESIA3,358.50 12/29/17MICHELETTI, BRIAN3,868.99 12/29/17MOE, AEH BEL232.00 12/29/17MULVIHILL, MARIA2,648.66 12/29/17MURRAY, RACHEL2,108.02 12/29/17NYE, MICHAEL3,956.97 12/29/17OLSON, JULIE3,459.48 12/29/17PARKER, JAMES3,754.13 12/29/17PETERSON, JARED3,103.05 12/29/17REZNY, BRADLEY3,520.57 12/29/17STARKEY, ROBERT2,489.21 12/29/17STEINER, JOSEPH3,647.62 12/29/17SYPNIEWSKI, WILLIAM3,284.01 12/29/17TAUZELL, BRIAN3,334.73 12/29/17THIENES, PAUL4,478.15 12/29/17VANG, PAM2,842.94 12/29/17WENZEL, JAY3,298.87 12/29/17XIONG, KAO3,224.58 12/29/17XIONG, TUOYER464.00 12/29/17ZAPPA, ANDREW2,867.68 12/29/17ANDERSON, BRIAN488.91 12/29/17BAHL, DAVID487.08 12/29/17BASSETT, BRENT213.90 12/29/17BAUMAN, ANDREW3,198.34 12/29/17BEITLER, NATHAN824.99 12/29/17BOURQUIN, RON54.33 12/29/17CAPISTRANT, JOHN439.56 12/29/17COREY, ROBERT380.26 12/29/17CRAWFORD - JR, RAYMOND3,516.57 12/29/17CRUMMY, CHARLES210.50 12/29/17DABRUZZI, THOMAS3,035.95 12/29/17DAWSON, RICHARD3,815.28 12/29/17EVERSON, PAUL3,410.57 12/29/17HAGEN, MICHAEL488.92 12/29/17HALE, JOSEPH629.64 12/29/17HALWEG, JODI3,473.39 12/29/17HAWTHORNE, ROCHELLE3,441.68 12/29/17HUTCHINSON, JAMES633.60 Packet Page Number 90 of 130 G1, Attachments 12/29/17IMM, TRACY95.07 12/29/17JANSEN, CHAD502.49 12/29/17KANE, ROBERT380.16 12/29/17KARRAS, JAMIE371.89 12/29/17KERSKA, JOSEPH258.04 12/29/17KONDER, RONALD325.94 12/29/17KUBAT, ERIC3,357.58 12/29/17LANDER, CHARLES2,777.93 12/29/17LINDER, TIMOTHY3,527.66 12/29/17LOCHEN, MICHAEL267.13 12/29/17MERKATORIS, BRETT281.79 12/29/17MONDOR, MICHAEL4,747.02 12/29/17MORGAN, JEFFERY176.52 12/29/17NEILY, STEVEN417.60 12/29/17NIELSEN, KENNETH435.60 12/29/17NOVAK, JEROME3,692.42 12/29/17NOWICKI, PAUL325.94 12/29/17OPHEIM, JOHN87.12 12/29/17PACHECO, ALPHONSE366.69 12/29/17PETERSON, ROBERT3,347.21 12/29/17POWERS, KENNETH3,555.03 12/29/17RODRIGUEZ, ROBERTO2,754.69 12/29/17SAUERWEIN, ADAM210.50 12/29/17SEDLACEK, JEFFREY3,117.45 12/29/17STREFF, MICHAEL3,357.58 12/29/17SVENDSEN, RONALD5,403.12 12/29/17ZAPPA, ERIC2,758.29 12/29/17CONWAY, SHAWN3,917.72 12/29/17LO, CHING1,028.30 12/29/17LUKIN, STEVEN5,186.67 12/29/17CORTESI, LUANNE2,132.60 12/29/17JANASZAK, MEGHAN2,402.01 12/29/17BRINK, TROY5,007.00150.00 12/29/17BUCKLEY, BRENT3,491.57 12/29/17DOUGLASS, TOM2,581.73 12/29/17EDGE, DOUGLAS2,608.92 12/29/17JONES, DONALD2,412.09 12/29/17MEISSNER, BRENT2,476.02 12/29/17NAGEL, BRYAN4,241.90 12/29/17OSWALD, ERICK2,764.86 12/29/17RUIZ, RICARDO749.07 12/29/17RUNNING, ROBERT4,660.52 12/29/17TEVLIN, TODD2,663.69 12/29/17BURLINGAME, NATHAN4,206.23 12/29/17DUCHARME, JOHN3,077.52 12/29/17ENGSTROM, ANDREW3,070.60 12/29/17JAROSCH, JONATHAN3,851.64 12/29/17LINDBLOM, RANDAL3,077.52 12/29/17LOVE, STEVEN4,780.89 12/29/17ZIEMAN, SCOTT464.00 12/29/17HAMRE, MILES453.20 12/29/17HAYS, TAMARA2,283.17 12/29/17HINNENKAMP, GARY2,932.89 12/29/17NAUGHTON, JOHN2,515.13 12/29/17ORE, JORDAN2,283.17 12/29/17SAKRY, JASON1,978.43 12/29/17BIESANZ, OAKLEY1,597.61 12/29/17GERNES, CAROLE1,700.25 12/29/17HER, KONNIE601.9940.99 12/29/17HUTCHINSON, ANN2,976.08 12/29/17WACHAL, KAREN1,092.46 Packet Page Number 91 of 130 G1, Attachments 12/29/17WOLFE, KAYLA432.00 12/29/17GAYNOR, VIRGINIA3,645.14 12/29/17JOHNSON, ELIZABETH1,905.79 12/29/17KONEWKO, DUWAYNE5,320.30 12/29/17KROLL, LISA2,135.29 12/29/17VANG, XAO1,076.16 12/29/17ADADE, JANE1,945.91 12/29/17FINWALL, SHANN3,629.69 12/29/17MARTIN, MICHAEL3,671.57 12/29/17BRASH, JASON3,546.02 12/29/17SWAN, DAVID3,105.69 12/29/17SWANSON, CHRIS2,264.19 12/29/17WEIDNER, JAMES2,560.99 12/29/17WELLENS, MOLLY2,129.30 12/29/17ABRAHAM, JOSHUA2,184.99 12/29/17AYD, GWEN42.00 12/29/17BJORK, BRANDON282.00 12/29/17BRENEMAN, NEIL2,729.93 12/29/17CUMMINGS, KATIA84.00 12/29/17FISHER, JADE30.00 12/29/17FISHER, QUINN102.50 12/29/17FUGATE, BENJAMIN28.00 12/29/17GORACKI, GERALD66.00 12/29/17KORF, CAIN30.00 12/29/17KUBAT, STEPHANIE176.00 12/29/17KUCHENMEISTER, GINA2,052.79 12/29/17LUSHANKO, ADAM45.00 12/29/17MCCRARY, JOLETTA80.00 12/29/17MEYER, ZACHARY112.00 12/29/17MOUA, KHATTALYNNAH42.00 12/29/17NEUMANN, BRAD222.50 12/29/17NZARA, KUZIVAKWASHE45.00 12/29/17NZARA, MUNASHE45.00 12/29/17PIEPER, THEODORE73.50 12/29/17ROBBINS, AUDRA3,828.51 12/29/17ROBBINS, CAMDEN600.00 12/29/17STECKLER, BRUCE60.00 12/29/17VUKICH, CANDACE220.00 12/29/17WAGNER, ERIC112.00 12/29/17WILLIAMS III, WALLACE92.25 12/29/17XIONG, BAO42.00 12/29/17BERGO, CHAD3,568.56242.07 12/29/17SCHMITZ, KEVIN2,771.33 12/29/17SHEERAN JR, JOSEPH3,455.16 12/29/17ADAMS, DAVID3,024.17 12/29/17HAAG, MARK3,003.36 12/29/17JENSEN, JOSEPH2,086.59 12/29/17SCHULTZ, SCOTT4,206.82 12/29/17WILBER, JEFFREY2,283.17 12/29/17WISTL, MOLLY116.00 12/29/17PRIEM, STEVEN3,213.60500.00 12/29/17WOEHRLE, MATTHEW5,006.84500.00 12/29/17XIONG, BOON2,443.72299.97 12/29/17FOWLDS, MYCHAL4,296.85 12/29/17FRANZEN, NICHOLAS3,880.18 12/29/17GERONSIN, ALEXANDER2,574.00 12/29/17RENNER, MICHAEL2,817.40 9910299812/29/17BROWN, BRENDA84.00 9910299912/29/17CHARLES, PARNELL68.00 9910300012/29/17CHEVRE, YSAREIA42.00 9910300112/29/17DIEZ, ANTONIO31.50 Packet Page Number 92 of 130 G1, Attachments 9910300212/29/17HASSAN, MIFTAH84.00 9910300312/29/17ISERMAN, TIANNA28.00 9910300412/29/17KRATTENMAKER, JACOB124.00 9910300512/29/17KRUEGER, SCOTT242.00 9910300612/29/17MASON, TAKARA42.00 9910300712/29/17OJOTANE, ISABELLA60.00 9910300812/29/17PFEFFERLE, LILY42.00 9910300912/29/17PURCELL, TYLER144.00 9910301012/29/17SLOAN, MADELYNN42.00 539,830.95 Packet Page Number 93 of 130 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: January 8, 2017 SUBJECT: Approval of Resolution Designating Depositories for City Funds Introduction M.S. 118A.02 and M.S. 427.01 require that cities designate financial institutions as depositories for city funds. This is typically done on an annual basis. When city investments are made, quotations are obtained only from securities dealers authorized in M.S. 118A.06. If a financial institution that is not a designated depository becomes a good option for city investments in the future, it will be recommended to the Council for designation as a depository as a separate agenda item. Budget Impact None. Recommendation It is recommended that the City Council adopt the attached resolution designating depositories for city funds. Attachments 1. Resolution Designating Depositories for City Funds Packet Page Number 94 of 130 G2, Attachment 1 RESOLUTION NO. ___ DESIGNATING DEPOSITORIES FOR CITY FUNDS BE IT RESOLVED, that the following be and hereby are selected as depositories for deposits and investments of the City of Maplewood: Alerus Financial Premier Bank Wells Fargo Bank US Bank 4M Fund Nex Bank RBC BE IT FURTHER RESOLVED that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED that any funds in the above depositories may be withdrawn and electronically transferred to any other depository of the city by the request of the finance director or his/her designee. BE IT FURTHER RESOLVED that these depository designations are effective until December 31, 2018. Packet Page Number 95 of 130 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Terrie Rameaux, Human Resource Coordinator Mike Funk, Assistant City Manager/HR Director DATE:January 2, 2018 SUBJECT:Approval of 2018- 2020Service Agreement between City of Maplewood and National Financial Partners (NFP) Introduction The term for the current agreement between the City of Maplewood and NFP ended on December 31, 2017; and staff seeks consideration to approvea new 3-year agreement. Background NFPhas been a valued strategic partner to the City of Maplewood by providing insurance broker servicessince April 2004. In2009, the City and NFPrenegotiatedtheir broker fee from $76,000per yearto $45,000per year starting in the 2010contract year. This resulted inannual savingsof $31,000.This fee is included inthe insurance premiums, which arepaid to Medica by the Cityand then dispersed directly to NFP. NFPworksclosely with HR Staff and the Insurance Labor-ManagementCommittee to represent the City and Committee’s interests in securing competitive bids,successfully bringinginsurance costs down, and providing compliance services; particularly with regard to the Affordable Healthcare Act.Since 2005, NFP has saved the City over $1,7millionin health insurance premiums. They have a demonstrated track record of responsiveness, professionalism, attention to detail, and have provided excellent customer service to the City. They have also provided additional ongoing support and assistance in the past few years to the City’s Wellness Committee. The service agreement is provided for approvaland execution as part of this agenda item. Budget Impact Since 2010, NFP has not increased the fee from $45,000. In the attached agreement, NFP again proposes no changes and will keep the fee flat forall threeyears. The contract fee of $45,000 isincluded in the current 2018 budget.This same amount will be forwarded to Finance for inclusion in the 2019 and 2020budgetyears. Packet Page Number 96 of 130 G3 Recommendation It is recommended that the City Council approve the attached 3-year service agreement with NFPfor calendar years 2018 through 2020. Attachments 1.2018 - 2020Service Agreement between City of Maplewood and NFP Packet Page Number 97 of 130 G3, Attachment 1 Packet Page Number 98 of 130 G3, Attachment 1 Packet Page Number 99 of 130 G3, Attachment 1 Packet Page Number 100 of 130 G4 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Mychal Fowlds, IT Director DATE:January 2, 2018 SUBJECT:Approval to Enter Into Standstill Agreement to Pursue Informal Franchise Renewal with Comcast Introduction Comcast has notified the City of Maplewood that it wishes to renew its cable franchise. The City has hired Bob Vose from Kennedy & Graven to help assist with the renewal proceedings. On November 13 Mr. Vose presented to the Council an overview of the renewal process. Direction was given to staff to proceed with informal negotiations. Background As stated above, Mr. Bob Vose and staff presented an overview of the franchise renewal process to the City Council on November 13. One of the items staff was looking for direction on at that meeting was whether to proceed with informal or formal negotiations. Mr. Vose presented the pros and cons to each stating that if informal proceedings were the preferenceof the City Council at this time, the City could always change to formal proceedings at a later date if needed. Given that information, the City Council stated that they are supportive of moving forward with informal negotiations. To memorialize the intent by both parties to proceed with informal negotiations, the attached standstill agreement was written. The agreement has been provided to Comcast and they have stated they are supportive of it and will execute it upon approval by the City Council.In addition to confirming use of the informal renewal process, the agreement also reconfirms understandings reflected in the “transition agreement” negotiated when the City withdrew from the cable commission. Reconfirming those arrangements is important because although both Comcast and the City signed the “transition agreement,” the commission did not. Budget Impact None at this time Recommendation Staff recommends that the Council give the approvaltoenter into a standstill agreement with Comcast to pursue informal franchise renewal. Attachments 1.Standstill Agreement Packet Page Number 101 of 130 G4, Attachment 1 STANDSTILL AGREEMENT TO PURSUEINFORMAL FRANCHISE RENEWAL THIS AGREEMENT is made as of the ___ day of , 201 , by and between the City of Maplewood, a Minnesota municipal corporation (“City”),andComcast of Minnesota, Inc., a Delaware corporation, and an indirect, wholly-owned subsidiary of Comcast Corporation (“Comcast”). RECITALS WHEREAS, in 1999, the City issued a 15-year franchise ordinance authorizing Comcast’s predecessor to provide cable service, and; WHEREAS, as a result of several transfers, Comcast currently holds the franchise,and; WHEREAS,Comcast timely requested renewal of the franchise and indicated a preference to proceed in the “informal process” as contemplated by applicable federal law, and; WHEREAS,franchise expiration has extended by agreement thru July 31, 2018, and; WHEREAS, the City is a former member of the Ramsey/Washington Counties Suburban Cable Communications Commission II (“Commission”), a municipal joint powers body under Minn. Stat. § 471.59, and; WHEREAS, the City withdrew from the Commission effective as of January, 2016, and; WHEREAS,in December 2015, the City and Comcast executeda Transition Agreement that provides for the City’s withdrawal from the Commission, requires Comcast’s continued payment of franchise and PEG fees to the City and continued provision of community programming channels for the City’s use, and confirms that the City “shall be responsible for conducting cable franchise renewal with Comcast independently of the Commission,” and; WHEREAS, on November 13, 2017, the City Council directed staff to: engage in the informal renewal process with Comcast; continue to work to identify the community’s future cable-related needs and interests and evaluate Comcast’s past performance with any final report to be presented to the Council for review and approval, and; begin negotiation with Comcast as may be deemed appropriate, and WHEREAS,the City and Comcast wish to confirm their mutual desire to complete franchise renewal via informal negotiations. NOW THEREFORE, IN CONSIDERATIONof the mutual covenants, terms, conditions and representations contained herein, the parties agree as follows: 1.The City and Comcast will proceed in good faith with communications and negotiations 1 Packet Page Number 102 of 130 G4, Attachment 1 in order to reach agreement on appropriate terms and conditions of a renewed franchise. 2.Notwithstanding any prior communications or action by the Commission or Comcast, the formal procedures and timelines for renewal set out in the Cable Actare hereby tolled with respect to the City. The City or Comcast may reinstate such formal procedures under the Cable Act upon written notification to the other party. 3.The City may refer to and rely on any reports, documents, data, or other information previously produced by the Commission regarding franchise renewal,provided, however, that the parties agree to work in good faith to limitsuch use to data or informationthat is relevant andgermane to the City. 4.Except as expressly provided herein, neither party waives any rights including any procedural protections established by the federal Cable Act, and nothing herein shall waive any claim of a prior, current or future violation or breach of the franchise. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of this _____ day of , 201 . CITY OF MAPLEWOOD Date: , 201 . By: By: Its: MayorIts: City Manager COMCAST OF MINNESOTA, INC. Date: , 201 By: Its: 2 Packet Page Number 103 of 130 G5 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Steve Love, Director of Public Works/City Engineer Scott Schultz, Utility/Fleet/Parks Superintendent th DATE: December 20 ,2017 SUBJECT:Approval ofPurchase of Wood Chipper Introduction The adopted 2018-2022 Capital Improvement Plan (CIP) identifies the replacement of one wood chipper in 2018 (see attached CIP sheet). City Council approvalis needed tomove forward withthis purchase, as itexceeds $30,000. Background The City’s current 1997 wood chipper is in need of replacement. This piece of equipment is utilized by all divisions in public works. Due to its age and high engine hours, themachine is unreliable and requirescostly maintenance and repair. The new wood chipper will be equipped with new safety featuresand a Tier 4 compliance engine. This type of engine runs more efficiently and produces lower levels of emissions, therebymaking it better for the environment. The old machine well be sent to auction.All funds from the auction will be added to the fleet management fund to be used on future fleet purchases. Budget Impact The adopted 2018-2022 CIP identifies$70,000under project numberPW15.05for the replacement of the unit described above.This piece of equipment will be purchased under the NJPA State Contractpricing.The following is the costfor the replacementof the wood chipper: Vermeer BC 1500 chipper $59,282.00 The total cost for this purchase is $10,718.00less than the estimated capital improvement budget. The remaining dollars will be used tofund other 2018 CIP fleet purchases.The Finance Director has reviewed this report and there are sufficientfunds to move forward with this purchase. Packet Page Number 104 of 130 G5 Recommendation It is recommended that the City Council approve thepurchase of the wood chipperanddirect the Mayor and the City Manager to enter into a contractwithRDO Equipment Co. for this purchaseunderNJPA State Contract #062117-VRM in an amount of $59,282.00. Attachments 1.Quote/Specs fromRDO Equipment Co. 2. 2018 CIP Sheet Packet Page Number 105 of 130 G5, Attachment 1 Packet Page Number 106 of 130 G5, Attachment 1 Packet Page Number 107 of 130 G5, Attachment 2 thru 20182022 Capital Improvement Plan Cit y of Maplewood, Minnesota Project # PW15.05 Project Name Wood Chipper Public Works Department Equipment Type 20 yearsPublic Works Director Useful LifeContact Equipment: PW Equip Category 3 Important Priority Total Project Cost:$70,000 Description The 1997 wood chipper, Unit 705, is due for replacement in 2018. Justification Replacement is scheduled for the 1997 wood chipper. This piece of equipment is utilized by all divisions in Public Works. Because of its age and high engine hours the machine is unreliable and needs costly maintenance and repair. The new chipper will be equipped with new safety features and a Tier 4 compliance engine, making it better for the environment. ExpendituresTotal 20182019202020212022 Equip/Vehicles/Furnishings 70,00070,000 70,00070,000 Total Funding Sources20182019202020212022Total Fleet Management Fund 70,00070,000 70,00070,000 Total Budget Impact/Other There will be a positive impact on the operating budget due to lower maintenance costs. Packet Page Number 108 of 130 G6 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Steve Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Maintenance Superintendent DATE: December 19, 2017 SUBJECT:Maplewood Nature Center Building Improvements, City Project 17-02 a.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 and No. 2 b.Approval of Budget Transfer c. Approval of Resolution Directing Final Payment and Acceptance of Project Introduction The City Council will consider approving the attached resolution Directing Modification of Existing Construction Contract, Change Order No 1 and 2, City Project 17-02.The City Council will consider abudget transfer from Building Operations, 101-115, to City Project 17-02. Additionally, the City Council will consider approving the attached resolution Directing Final Payment and Acceptance of Project for the Maplewood Nature Center Building Improvements, City project 17-02. Background The City Council awarded a construction contract to Kue Contractors Inc.for the Nature Center Building Improvements, City project 17-02on August 14, 2017 in the amount of $286,081.00. There have been no change orders to the contract to date.The contractor, KueContractors Inc. has completed the project improvements. City staff hasreviewed the work and deemed it acceptable. The contractor has submitted all final project closeout documents required for final acceptance of the project. Discussion A number of issues with the existing building were identified during construction. These issues were addressed during construction to protect the investment that was being made with this project. These items are summarized in the following tables. Packet Page Number 109 of 130 G6 The following is a summary of work included in Change Order No. 1. CHANGE ORDER NO. 1 Item DescriptionTotalNotes 1)Additional Dry Wall Patching$736.00 2) Asbestos Removal$4,050.00 3)Stained Concrete Flooring($425.00)Removed from contract. Credit 4)Salvage Existing Door Frames($2,000.00)Credit 5)Automatic Flush Vlaves($903.00)Removed from contract. Credit 6)Paint All Metal Door Frames$2,015.00 7)New Window Casing$393.00 Change Order No. 1 Total =$3,866.00 The following is a summary of work included in Change Order No. 2. CHANGE ORDER NO. 2 Item DescriptionTotalNote 1)Revised Floor Tile Size in Family Restroom$200.00 2) Miscellanious Additional Mechanical$1,214.00 and Plumbing Work 3)Additional Wood Framing, Sheathing and $460.00 Insulation Materials 4)Additional Miscellanious Electrical Work$4,036.00 5)Contractor Overhead, Profit, and Bond$423.00 6)General Contractor Labor$2,352.00 Change Order No. 2 Total =$8,685.00 The net project increase for Change Order Number1 and Change Order Number 2is $12,551.00. Budget Impact Approval of Change Order No.1 and No.2 will increase the final project construction contract amount by $12,551.00 from $286,081.00 to $298,632.00. The majorityof the added costsfrom Change Orders Number 1 and 2wereassociated with existing building issues which were identified during the construction process.Typically, costs associated with these typesof repairs would have been charged to the Building Operations Budget, 101-115.It wasdetermined that it would bemore cost effective and timely to have the contractor complete these repairsduring the project. Therefore, staff recommends a budget transfer, in the amount of $12,551.00, be made from the Building Operations Budget, 101-115 to City Project 17-02. Packet Page Number 110 of 130 G6 Recommendation Staff recommends the City Council approve the following three actions: a.Approval of a resolution Directing the Modification of ExistingConstruction Contract, Change Order No. 1 and No. 2, City Project 17-02. b.Authorize the Finance Director to make the financial transfers, in the amount of $12,551.00, from the Building Operations Budget, 101-115 to City Project 17-02. c. Approval of a resolution for Approving Final Payment and Acceptance of Maplewood Nature Center Building Improvement Project, City Project 17-02. Attachments 1.Resolution Directing Modification of Existing Construction Contract, Change Order No.1 and No. 2 2.Change Order No. 1 and No. 2 3.Resolution Approving Final Payment and Acceptance of Project. 4.Final Payment Application Packet Page Number 111 of 130 G6, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT, PROJECT 17-02, CHANGE ORDER NO. 1 AND NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the NATURE CENTER BUILDING IMPROVEMENTS, CityProject 17-02, and has let a construction contract, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Nature Center Building Improvements, Project 17-02, Change Order No. 1 and No.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1.The Mayor and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Orders No. 1 and No.2 which is an increase of $12,551.00. The revised contract amount is $298,632.00 th Adopted by the Maplewood City Council on this 8day of January 2018. Packet Page Number 112 of 130 G6, Attachment 2 Packet Page Number 113 of 130 G6, Attachment 2 Packet Page Number 114 of 130 G6, Attachment 3 RESOLUTION DIRECTING FINAL PAYMENT AND ACCEPTANCE OF PROJECT, MAPLEWOOD NATURE CENTER IMPROVEMENTS, CITY PROJECT 17-02 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Nature Center Building Improvements, City Project 17-02, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Nature Center Building Improvement, City Project 17-02, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 17-02 is complete and maintenance of the improvements areaccepted by the City; the final construction cost is $298,632.00. Final payment to Kue Contractors Inc. and the release of any retainage or escrow is hereby authorized. th Adopted by the Maplewood City Council on this 8day of January 2018. Packet Page Number 115 of 130 G6, Attachment 4 Packet Page Number 116 of 130 G6, Attachment 4 Packet Page Number 117 of 130 G6, Attachment 4 Packet Page Number 118 of 130 G6, Attachment 4 Packet Page Number 119 of 130 G6, Attachment 4 Packet Page Number 120 of 130 J1 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Andrea Sindt, City Clerk DATE:January 2, 2018 SUBJECT:Consider Authorizing the Issuance of Special Permits for Extended Hours of Alcohol Sales forthe 2018 Super Bowl Introduction st TheMinnesota Legislature, in 2017 Laws, 1Special Session, Chapter 1, Article 11, Section 19, authorizedliquor licensing jurisdictions, at their discretion, to issue special permits for the service of alcohol until 4 a.m. duringthe 2018 Super Bowl. The extended hours apply only from 12:00 p.m. on February 2, 2018 through 4:00 a.m. on February 5, 2018and would be authorizedby resolution. Background In response to a request from Myth Live, staff is presenting the topic ofa special permit to allow liquorservice until 4 a.m. for the three days of the Super Bowl weekend. Only currenton-sale licensees would be eligible for a special permit. The fee would be $250.00. Licensee seeking a permit shall submit a complete application and permit fee to the City Clerk prior to 3:00 p.m. on January 26, 2018. Licensees issued a special permit pursuant to the resolution may extend hours of sale until 4:00 a.m. each day during the period from 12:00 p.m. on February 2, 2018 through 4:00 a.m. on February 5, 2018. Discussion The resolution for extended hours is not specific to any licensee and gives staff the authority to issue the special permits to the licensees as the applications are received. Chief Nadeau will be available to provide comments during the council meeting. Thecity council has twooptionsto consider: 1.The first option to approve aresolution which authorizes staff to issue the special permit to any on-sale license holder in Maplewood which completes the application and pays the fee by the deadline. 2.Thesecondoption is for council to take no actionand thus not extend hours for any establishment in Maplewood. Packet Page Number 121 of 130 J1 Budget Impact Undetermined Recommendation Staffrecommends council either: 1.Make a motion to approve the resolution authorizing the issuanceof specialpermits for extended hours of alcohol sales during the days surrounding the 2018 Super Bowl; 2.Refrain from taking any actionand thus maintain hours as set by ordinanceduring the Super Bowl. Attachment 1.Request of Myth Live 2.Resolution Packet Page Number 122 of 130 J1, Attachment 1 Packet Page Number 123 of 130 J1, Attachment 2 RESOLUTION NO. ________ A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL PERMITS FOR EXTENDED HOURS OF ALCOHOL SALES DURING THE DAYS SURROUNDING THE 2018 SUPER BOWL st WHEREAS,the Minnesota legislature, in 2017 Laws, 1Special Session, Chapter 1, Article 11, Section 19, authorized local liquor licensing jurisdictions to issue special permits for the sale of intoxicating liquor until 4:00 a.m. during the days surrounding the 2018 Super Bowl; and WHEREAS, the city council has determined that exercising such authority to temporarily allow extended hours as part of the 2018 Super Bowl event is in the best interests of the city of Maplewood. NOW, THEREFORE, BE IT RESOLVEDby the citycouncil of the city of Maplewood, Minnesota, as follows: 1.Authorization to Issue. The city clerk, or its designee, is authorized to issue special permits for extended hours of alcohol sales to those businesses within the City that hold an on-sale intoxicating liquor license or 3.2 malt liquor license. 2.Application Required. City staff shall develop an application form for the special permits authorized by this resolution. Licensees seeking a special permit must submit a completed application and the required permit fee, as established herein, to the city clerk’s office no later than 3:00 p.m. on Friday, January 26, 2018. 3.Extended Hours. Licensees issued a special permit pursuant to this resolution may extend the hours of sale of alcoholic beverages until 4:00 a.m. each day during the period from 12:00 p.m. on February 2, 2018 through 4:00 a.m. on February 5, 2018. 4.Permit Fee. The fee for a special permit issued pursuant to this resolution is $250. 5.Expiration. All special permits issued under this resolution expire at 4:01 a.m. on February 5, 2018. th Adopted this 8day of January, 2018. Nora Slawik, Mayor ATTEST: Melinda Coleman, City Manager 1 514398v1 DTA MA745-1 Packet Page Number 124 of 130 J2 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Mike Funk, Assistant City Manager/HR Director DATE:January 2, 2018 SUBJECT:Discuss City Manager Annual Performance Review Process Introduction The purpose of this agenda item is to discuss the content and process for City Manager Coleman’s annual job performancereview.City Manager Coleman’s anniversary date for her position is February 6. The City Council will review and discuss using the City’s web-based software, NeoGOV, as an interactive tool that will be utilized in the review process. Items discussed will include evaluation content, process, goal-setting, timeline, council tasks/input, etc. Budget Impact No budget impact is expected. Recommendation This is a discussion item andno action is recommended. Attachments None Packet Page Number 125 of 130 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 ••••••• For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 ••• •••••• For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 •• •••••• For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 Feb 12 or 26 Full Review City Council Meeting- By Feb 9 formulate Goal Recommendations By Jan 31 City Manager meets with Discuss initial Results and 5ĻǝĻƌƚƦƒĻƓƷ /ƚƒƒźƷƷĻĻ Α Process-Automated through NeoGov Employee By Jan 26 Released to Review Form Human Reviews Resources By Jan 22 Council This week of On-Line Form Completes Rating Rating This week Employee Self HR Enters Goals for this past Year For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 Exceeds Position RequirementsMeets Position RequirementsOpportunity for GrowthNeeds Improvement* New Scale • ExceptionalVery EffectiveMeets ExpectationsBelow Expectations Current Scale wğƷźƓŭ {ĭğƌĻƭ ΑͻwĻƭĻƷƷźƓŭ ƷŷĻ {ǞźƷĭŷͼ• For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 knowledge, skills and abilities over e job description. The employee Exceed Position Requirements The Employee possesses additional and above what is described in thcompletes and accomplishes more than what is expected for the position. For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 able to successfully apply them d in the job description. The and completes tasks assigned to e knowledge, skills, and abilities fully complete and accomplish the Meets Position Requirements The employee is able to successduties and responsibilities describeemployee is engaged in their workthem. The employee possesses thdescribed in the job description and isto the required essential duties and responsibilities of the job description. For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 fully demonstrate the skills and possesses an area identified for e knowledge, skills, and abilities nd apply them to the essential duties Opportunity For Growth The employee can improve on thoutlined in the job description; aand responsibilities. The employee growth and development in order toabilities to meet expectations. For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 ions and is not completing the the knowledge, skills, and abilities is not able to apply them to the Needs Improvement The employee is not meeting expectatessential duties and responsibilities outlined in the job description. The employee does not demonstrate reflected in the job description and required essential responsibilities. For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 start immediately to coincide Any modifications? 1. Use current paper form2. Use NeoGOV Council options include:Either option, the process would with City Manager anniversary date: February 6. Questions? For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 City of Maplewood 2017 Performance Evaluation for the City Manager Employee Name:Melinda ColemanOverall Rating Department:Executive Exceptional Appointment:November 10, 2014 Very Effective Contract Execution:February 6, 2015 Meets Expectations Review Period February 6, 2017-February 6, 2018 Below Expectations General Comments: Employee SignatureDateMayor/ Council Member SignatureDate ORGANIZATIONAL MANAGEMENT & STAFFING *Recruits and retains competent personnel for staff positions *Promotes training and development opportunities for employees at all levels of the organization *Implements, plans, and organizes work based on direction provided by the city council *Plan and organizes work to fulfill public service levels established by past and current decisions by the city council Exceptional Comments: Very Effective Meets Expectations Below Expectations FISCAL/BUSINESS MANAGEMENT *Plans and organizes the preparation of the annual budget and capital improvement plan *Cost effective measures are explored (intergovernmental collaboration, competitive bidding of city contracts, etc.) *Demonstrates a capacity for innovation and creativity *Plans, organizes, and supervises most effective utilization of staffing, technology, and other city resources Exceptional Comments: Very Effective Meets Expectations Below Expectations RELATIONS WITH ELECTED MEMBERS OF THE GOVERNING BODY (MAYOR & COUNCIL) *Maintains effective communications, both verbal and written, to the council *Carries out directives of the body as a whole as opposed to those of any one member or minority group *Maintains availability to the council and promptly responds to requests; provides timely updates on issues *Plans and organizes material for presentations to the council. Recommendations are accurate and comprehensive Exceptional Comments: Very Effective Meets Expectations Below Expectations For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 LONG RANGE & STRATEGIC PLANNING *Plans, organizes, and maintains a process for establishing city goals; monitoring and status reporting *Carrying out strategic objectives and goals with results *Updates the city's long-term financial management plans *Plans and organizes updates Exceptional Comments: Very Effective Meets Expectations Below Expectations COMMUNITY & INTERAGENCY RELATIONS *Responsive to citizen requests and demonstrates a dedication to service to the community *Cooperates with neighboring communities and the county *Establishes and maintains a liaison with agencies involved in those areas of service that improve the city *Maintains an awareness of developments and plans in other jurisdictions that relate or effect the city Exceptional Comments: Very Effective Meets Expectations Below Expectations LEADERSHIP *Is authentic by consistently practicing her values in leading the organization *Communicates goals and expectations; sets a good example *Has gained the trust of the elected body, staff, and citizens by being genuine & setting clear expectations *Ability to build cohesiveness in staff and is committed to the betterment of the organization Exceptional Comments: Very Effective Meets Expectations Below Expectations REPORTS & COMMUNICATION *Provides regular information and reports to the governing body concerning matters of importance *Takes the initiative to provide information, advice, and recommendations to the governing body *Reports produced by the manager are accurate, comprehensive, and concise Exceptional Comments: Very Effective Meets Expectations Below Expectations For the Permanent Record Meeting Date: 01/08/2018 Agenda Item: J2 COUNCIL GOALS & EXPECTATIONS The employement agreement between the City of Maplewood and the City Manager requires the City Manager to establish five measurable goals for the city council to evaluate performance. For a list of the outcomes/goals, please see Attachment A. Exceptional Comments: Very Effective Meets Expectations Below Expectations PROFESSIONAL DEVELOPMENT * Looks for new methods, explores organizational efficiencies; and is open to change * Maintain an awareness and value of broadening professional and personal development * Maintains the highest standards of honesty and integrity. Maintains the ICMA Code of Ethics Exceptional Comments: Very Effective Meets Expectations Below Expectations Narrative 1. What would you identify as the Manager's strength(s), expressed in terms of the principle results achieved during the rating period? 2. What constructive suggestions can you offer to the Manager to enhance performance and/or ensure success? 3. What comments do you have for the manager going into the new rating period (e.g. priorities, expectations, goals, or objectives)? K1 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Steve Love, Public Works Director/City Engineer Bryan Nagel, Street/Storm/Building Superintendent DATE: January 3, 2018 SUBJECT:Consider Resolution Receiving Bids and Awarding Construction Contract, Municipal Building Improvements, City Project 17-01 Introduction The City Council will consider receiving the submitted bids and awarding a constructioncontract to the lowest responsible bidder for the Municipal Building Improvements, City Project17-01. Background On January 23, 2017 the City Council authorized preparation of plans and specifications to allow for this project to proceed to design and bidding. The project is consistent with the asset management report completed in 2015 which identified needed improvements, updates, and replacements within the City Hall and Park Maintenance Buildings.The base bid for this project includes the following: City Hall Replace general interior lighting and emergency and exit lighting. Modify existing IT Server room HVAC to provide redundancy in cooling system Replacement of acoustical ceilings, and carpet flooring Remove tile flooring in lobby and replacewith polished concrete Miscellaneous painting of interior partitions and gypsum board ceilings Council Chamber finishupgrades including wall, floor, and ceiling finishes, lighting and dais paneling and work surfaces(Mechanical and structural soffit systems to remain) Infill existing skylights in lobby Replace main building entry doors andcouncil chamber doors to lobby Parks Maintenance Replace overhead doors and operators Remove flooring in restroom and breakroom and replace with polished concrete Upgrade electricalservice, panel and switchgear Replace electric water heater with new gas water heater Replacement of emergency and exit lighting Upgrades to building exhaust systems Packet Page Number 126 of 130 K1 The project also includes Bid Alternate 1 for the following work: Public Works Building Replacement of emergency andexit lighting Discussion On January 23, 2017 the City Council approved a Supplemental Letter of Agreement for SEH to design, bid, and inspect the proposed project in the amount of $73,200.Theproject plans and specifications were completed and notices published per state statue requirements for projects expected to be over $100,000. The bid opening took place on January 3, 2018 at 10:00 a.m. in the council chambers. As seen in the attached Bid Tabulation,the total bid amounts, including Bid Alternate 1, ranged from $587,700to $695,500. The engineer’s estimate for the project construction cost, including the Base Bid and Bid Alternate 1, is $808,491.58. Based on the bid results and SEH’s letter of recommendation (see attached Bid Award Letter) American Liberty Constructionis the lowest, responsive, and responsible bidder with a bid total of $587,700. Staff is recommending awarding both the Base Bid and Bid Alternate 1. Budget Impact On January 23, 2017 the City Councilestablished a financingplan for this project, utilizing 2016 CIP Bond revenue, in the amount $765,000. The proposed construction contract totals $587,700. The anticipated project costs, including indirect costs, is $660,900. This is roughly $104,100below the approved budget. Therefore no budget adjustments are recommended at this time. Recommendation It is recommended that theCity Council approvethe Resolution for Receiving Bids and Awarding Construction Contract, including Base Bid and Bid Alternate 1, for the Municipal Building Improvements, City Project 17-01, toAmerican Liberty Construction, in the amount of $587,700. . Attachments 1.Resolution Receiving Bids and Awarding Construction Contract 2.Bid Award Letter 3.Municipal Building Bid Tabulation Packet Page Number 127 of 130 K1, Attachment 1 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the bid of American Liberty Construction, including the Base Bid and Bid Alternate 1, in the amount of $587,700is the lowest responsible bid for the Municipal Building Improvements, City Project 17-01, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Approved this 8th day of January 2018. Packet Page Number 128 of 130 K1, Attachment 2 January 3, 2018 RE: City of Maplewood, Minnesota Municipal Building Improvements Project SEH No. MAPLE 140578 14.00 City Project No. 17-01 Mr. Steve Love, PE City Engineer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Dear Mr. Love: Bids were opened for the Maplewood Municipal Building Improvements Project at 10:00 am on January 3, 2018. Nine bids were received with the low Base Bid being submitted by American Liberty Construction, Inc. the amount of $571,700. Also included with the bids was Alternate No.1 pricing to replace emergency and exit lighting at the Public Works Facility for an additional cost of $16,000. A complete tabulation of bids is enclosed for your reference. After completing a review of the submitted bids it is our opinion that American Liberty Construction, Inc. is the lowest, responsive and responsible bidder, and we recommend award of the project, including both the Base Bid and Alternate Bid No.1 to them for total amount of $587,700. SEH will process the Owner/Contractor Construction Agreement for review and signature pending final review and approval of the bids by the City Council. Please contact me if you have any questions. Sincerely, Brian Bergstrom, AIA Project Manager Attachment Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer | www.sehinc.com | 651.490.2000 | 800.325.2055 | 888.908.8166 fax Packet Page Number 129 of 130 K1, Attachment 3 $571,700$589,000$592,900$606,052$607,000$607,800$625,000$674,000$679,000 Base Bid $16,000$17,225$17,500$23,000$20,400$15,700$17,000$16,000$16,500 Alternate Bid No.1 XXXXXXXXX | 651.490.2000 | 800.325.2055 | 888.908.8166 fax Non- Affidavit Collusion 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 Bond www.sehinc.com 1X1X1X1X1X1X1X1X1X AddendaBid Short Elliott Hendrickson Inc., , Improvements SEH is an equal opportunity employer | Bidder m., BIDS RECEIVED :00 Manager: Brian Bergstrom, AIA MaplewoodMaplewood, Minnesota SEH No. MAPLE 140Project Bid Date American Liberty Construction, Inc. TMG Construction, Inc. Brennan Companies KUE Contractors, Inc. Versacon, Inc. Ebert, Inc Derau Construction Tarraf Construction, Inc. Parkos Construction Company Packet Page Number 130 of 130