HomeMy WebLinkAbout11-27-2006Q
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MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, November 27, 2006
Council Chambers, City Hall
Meeting No. 06-30
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at
7:00 P.M. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Rebecca Cave Councilmember
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
Will Rossbach, Councilmember
APPROVAL OF AGENDA
Mayor Longrie moved to approve the agenda as amended.
M1. Garbage Collection
M2. 2006 Election
M3. Electric Franchise Tax
Seconded by Councilmember Hjelle
APPROVAL OF MINUTES
Present
Present
Present
Present
Present
Ayes -All
Minutes from the November 13, 2006 Council/Manager Workshop
Councilmember Cave moved to approve the minutes from the November 13, 2006 Council/Manager
Workshop as presented.
Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave and
Hjelle
Abstain-Councilmembers Juenemann and
Rossbach
City Council Meeting 11-27-06
2. Minutes from the November 13, 2006 City Council Meeting
Mayor Longrie moved to approve the minutes from the November 13, 2006 City Council
Meeting as amended.
Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers
Cave, Hjelle and Juenemann
Abstain-Councilmember Rossbach
F. VISITOR PRESENTATIONS
Carl Erb, 2354 Heights, George Gonzales 2359 Heights, submitted a petition requesting the
vacation of the easement through the CoPar properties at the end of Heights Avenue and
subsequently declare permanent the temporary cul-de-sac at that location.
2. Nancy Lazaryan, presented documents to council regarding a pending lawsuit.
3. Ed Fitzgerald, 2284 Marnie Court, Maplewood, thanked council for their efforts, hard work and
willingness to take abuse from the "populous" in order to save Maplewood residents tax dollars.
4. Ron Cockriel, 943 Century, also thanked council and relayed his support of the petition
regarding the parcels in south Maplewood.
5. Judith Johannessen, 1610 Woodlynn Avenue, commented on what she viewed as disrespect
amid councilmembers and requested councilmembers put aside any personal agendas and
concentrate on the good of the city and all citizens.
6. Robert Zick, 2231 Penn Place, N. St. Paul, was concerned with the manner the City Manager
was appointed and the proposed restriction to visitor comments.
7. Mindy Mac Runnel, 1890 Adele Street, Maplewood, asked when a copy of the budget would be
made available. City Manager Copeland stated it would be available by the end of the week.
G. APPOINTMENTS/PRESENTATIONS
Appointment of Environmental and Natural Resources Commissioners
Mayor Longrie tabled this item due to all interviews not being completed.
H. PUBLIC HEARINGS
Liquor License Fee Increases and Code Revision
a. REaL Director Guilfoile presented the report.
b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following
persons were heard:
Nick Schwartz, Bleecher's Bar, Maplewood
Don Huot, Huey's Bar, Maplewood
Amanda Kranz, Stargate Nightclub, Maplewood
C. Mayor Longrie closed the public hearing.
City Council Meeting 11-27-06
Councilmember Cave moved to adopt the following 2007 Liquor License Fee Increase and Code
Seconded by Mayor Longrie Ayes -All
Councilmember Cave moved to approve the following proposed changes to the language of the code:
Sec. 6-117. Persons eligible for issuance of licenses.
(b) The city has the following types of intoxicating liquor licenses:
Class A — required to maintain at least 60% annual gross sales in non -liquor related items. Class B — required
to maintain at least 30% - 59% annual gross sales in non -liquor related items. Class C — establishments are
exempt from the percentage of gross sales in non -liquor related sales but must meet State Statute requirement
for Sunday sales. Exemption to these requirements are establishments of occupancy limits 01,150 or less.
These establishment will be licensed as Ouss A far license -fee purposes.
(Attached is a list of the occupancy limits of our current license holders.)
Seconded by Mayor Longrie
Ayes -All
Councilmember Rossbach moved to eliminate the Class C licenses when the current establishments
cease to operate (with the exception of the exemption) at the time they cease to operate due to being a
detriment to the city by following the proper legal channels.
City Council Meeting 11-27-06
2.
Seconded by Councilmember Juenemann
Ayes-Councilmembers Juenemann and
Rossbach
Nays -Mayor Longrie and Councilmembers
Cave and Hjelle
Councilmember Hjelle moved to directed staff and City Attorney Kantrud to research the options for
the city, and any possible conflicts with state statute in controlling, guiding and dealing with those
establishments that fall under a Class C Liquor License.
Seconded by Councilmember Juenemann
Ayes -Mayor Longrie and Councilmembers
Hjelle, Juenemann and Rossbach
Nay-Councilmember Cave
Sign Variance — Boca Chica Taco House (1706 White Bear Avenue)
a. Planner Finwall presented the report.
b. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following
persons were heard:
None
C. Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to deny the request for the sign variance for Boca Chica Taco House
based on the findings in the staff report.
Seconded by Councilmember Hjelle
CONSENT AGENDA
Ayes -All
Councilmember Hjelle moved to approve consent agenda items 3, 8, 13-15.
Seconded by Councilmember Cave Ayes -All
Mayor Longrie moved to approve consent agenda item 3.
City Manager Copeland will ensure council receives the delineation of City Attorney Bethel's invoices.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Rossbach moved to approve consent agenda item 2 with direction to staff to
determine and apply a consistent inflation rate index.
Seconded by Councilmember Hjelle
Ayes -All
Councilmember Juenemann moved to approve consent agenda item 4.
Seconded by Councilmember Cave
Ayes -All
Councilmember Hjelle moved to approve consent agenda item 5.
Seconded by Councilmember Juenemann
Ayes -All
City Council Meeting 11-27-06
Mayor Longrie moved to approve consent agenda item 6 with special thanks to Lieutenant Shortreed
and Corrine Ivy and Jeffery Morris from the 3M Company.
Seconded by Councilmember Hjelle Ayes -All
Councilmember Cave moved to approve consent agenda items 7 with special thanks to Deputy Chief
Banick and Nancy Sabin, Executive Director of the Jacob Wetterling Foundation.
Seconded by Councilmember Juenemann Ayes -All
Mayor Longrie moved to approve consent agenda items 9-12 and record the applicable documents
(which should include the notice address for the Board of Water Commissioners) with the appropriate
office at Ramsey County.
Seconded by Councilmember Cave Ayes -All
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 114,133.63 Checks # 71281 thru # 71345
dated 11/06/06 thru 11/14/06
$ 263,180.58 Disbursements via debits to checking account
dated 11/03/06 thru 11/08/06
$ 237,104.75 Checks # 71346 thru # 71409
dated 11/21/06
$ 4,104,423.23 Disbursements via debits to checking account
dated 11/09/06 thru 11/16/06
$ 4,718,842.19 Total Accounts Payable
PAYROLL
Payroll Checks and Direct Deposits dated
$ 516,222.62 11/17/06
Payroll Deduction check # 1000507 thru #
$ 2,305.25 1000508
dated 11/17/06
$ 518,527.87 Total Payroll
$ 5,237,370.06 GRAND TOTAL
City Council Meeting 11-27-06 5
2. Increase in Planning Fees (Second Reading)
Moved to adopt the following second reading of the planning fees with the direction to staff to
determine an inflation rate to apply consistently:
ORDINANCE NO. 878
PLANNING FEES
Section 1. Section 26 —26 to 44 - 15 of the Zoning Code of the City of Maplewood is hereby amended as follows:
Section 26--26 to 44 - 15 Fees. The following nonrefundable application fees shall be
required:
Zone Change
1,304
Conditional Use Permit:
607
R1, R1 R, R1S, R2, RE & F
997
Other
1,317
Conditional Use Permit Revision:
324
R1, R1 R, R1 S, R2, RE & F
922
Other
1,107
Variances:
58
R1, R1 R, R1 S, R2, RE & F
869
Other
1,145
Front Yard Setback
371
Vacations
R1, R1 R, R1S, R2, RE & F
156
Other
607
Lot Divisions (Fee per lot created):
R1, R1 R, R1S, R2, RE & F
87
Other
324
Home Occupation Permit (initial permit)
Initial permit
873
Annual permit
58
Comprehensive Plan Amendment
1,481
Code Amendment
909
Planned Unit Development
2,093
Preliminary Plat
1,754
Preliminary Plat Revision or Time Extension
237
Final Plat
407
Time Extensions/Renewals
149
City Council Meeting 11-27-06
6
Section 2. Section 26 –258 to 44 - 773 of the sign code is amended as follows:
Section 36--256 to 44 - 773. Fees.
(1)
3
C!
5
I:
F
E,
The sign erection permit fee shall be
(per
inspection
$25 )
Conditional Use Permit Review – Jiffy Lube (3071 White Bear Avenue)
Moved to approve the conditional use permit for Jiffy Lube automobile maintenance program at
3071 White Bear Avenue (near Maplewood Mall) again only if a problem arises or if the owner
proposes a major change to the site.
Conditional Use Permit Review – Saint Paul Hmong Alliance Church (1770 McMenemy Street)
Moved to approve the conditional use permit for the ST. Paul Hmong Alliance Church at 1770
McMenemy Street again only if a problem arises or if the owners propose a major change to the
site.
Conditional Use Permit Review—Maple Leaf Ridge Business Center (2475, 2485 and 2495
Maplewood Drive)
Moved to review the conditional use permit for the Maple Leaf Ridge business Center in one
year.
Donation to Police Department – 3M Driver Feedback Sign
Accepted the $6,150 donation from 3M for driver feedback signs.
Donation for Police Department Seminar
Accepted a $500 donation from Target Corporation to help defer the costs of the October 28th
Protecting Children from Sexual Offenders seminar.
Metro Gang Strike Force Joint Powers Agreement
Approved to enter in to a Joint Powers Agreement with the Metro Gang Strike Force:
JOINT POWERS AGREEMENT CREATING
THE METRO GANG STRIKE FORCE
This is an agreement between the political sub -divisions and municipalities
referenced in Appendix A. and (hereinafter collectively referred to as "the Parties").
WHEREAS, The Parties each have law enforcement agencies (hereinafter
collectively referred to as "the Agencies") with police powers within their respective jurisdictions
and these Agencies are responsible for the enforcement of all laws dealing with gang or related
City Council Meeting 11-27-06
criminal violations in their respective jurisdictions; and
WHEREAS, The Parties, through their Agencies, wish to form a joint strike force
for the purpose of more efficiently and effectively enforcing laws dealing with any and all crimes
committed by gangs or for the benefit of gangs by investigating and prosecuting such criminal
activity, especially felonies that have the likelihood of being related to gang crime; and;
NOW THEREFORE, Pursuant to the authority contained in Minnesota Statutes
§471.59, commonly known as the Joint Powers Act, and §299A.641 subd.3, and in
consideration of the mutual covenants herein contained and the benefits that each party shall
derive hereby, the Parties agree as follows:
1. PURPOSE OF THE AGREEMENT
The purpose of this agreement is to establish the Metro Gang Strike Force as an
organization to coordinate efforts to prevent gang activity and investigate, apprehend
and prosecute those individuals engaged in such crimes which could be defined as gang
related or crimes committed for the benefit of a gang and to define the rights and
obligations of the Parties with respect to the duties and activities performed by the Metro
Gang Strike Force throughout the term of the agreement.
2. METRO GANG STRIKE FORCE
The Metro Gang Strike Force (hereinafter "MGSF") is hereby established by the Parties
to coordinate efforts to prevent gang activity; and investigate, apprehend and prosecute
those individuals engaged in such crimes which could be defined as gang related or
crimes committed for the benefit of a gang. Other cities, counties, and public entities
may apply for membership in the MGSF by formal application to the Gang and Drug
Oversight Council (described herein) and the Commissioner of Public Safety.
Submission of an application constitutes agreement by the applicant to all provisions set
forth in this agreement and the recommendation of at least one fulltime licensed peace
officer to the MGSF. Participation in the MGSF must be recommended by the Gang and
Drug Oversight Council and approved by the Commissioner of Public Safety.
3. GOOD FAITH
The Parties and the Agencies shall cooperate and use their best efforts to ensure that
the various provisions of this Agreement are fulfilled and to undertake resolution of
disputes, if any, in good faith and in an equitable and timely manner.
4. TERM OF AGREEMENT/TERMINATION
4.1 The Initial Term of this Agreement shall be for a 12 month and three day period from
December 29, 2005 through December 31, 2006.
4.2 This Agreement shall automatically renew each year ("Renewal Term") for up to five
years unless the MGSF Advisory Board and the Gang and Drug Oversight Council determine
adequate funding is not provided by the Minnesota Legislature and/or the Parties to this
Agreement. Notice of inadequate funding must be provided to the Parties at least sixty (60)
days prior to termination of this agreement. This Agreement will not automatically renew if a
majority of the then -current members give written notice to the other Parties of their intent to not
renew at least sixty (60) days prior to the end of the then -current Initial Term or any Renewal
Term.
4.3 A member may withdraw, within the terms of this agreement, upon sixty (60) days notice
to the other Parties.
4.4 Upon withdrawal of a Party, all property of the withdrawing Party shall be returned. A
withdrawing Party shall have no claim to any property or assets owned or held by the MGSF.
City Council Meeting 11-27-06
4.5 In the event that the MGSF is dissolved, all property owned by the MGSF shall be
distributed to the Agencies currently participating in the MGSF. The MGSF Board will determine
the distribution of property on a pro -rated basis, based upon the length of participation of
Agencies and the number of Agency officers assigned to the MGSF. Property of the Agencies
or the Parties that had been loaned for use by the MGSF shall be returned to the contributor.
5. MGSF GOVERNING BOARDS
5.1 The Gang and Drug Oversight Council, as established by the act of the 2005 Minnesota
Legislature (Minnesota Statute §299A.641), will approve an overall budget for the Metro Gang
Strike Force and provide strategic guidance related to the investigation and prosecution of
crimes committed by a gang or for the benefit of a gang by the MGSF. Authority, composition
and duties of the Gang and Drug Oversight Council is established and defined in Minnesota
Statutes §299A.641.
5.2 An Advisory Board (hereinafter "Board"),, consisting of the Chief Law Enforcement
Officer, or their designee, of each participating Agency will be established to select and
supervise the Metro Commander, approve the selection of participating officers, set the priorities
for the work of the MGSF and approve all expenditures of the Metro Gang Strike Force. The
Board will develop By-laws to address Board operations and specific policies and procedures
unique to the MGSF.
5.3 The Board will elect a chair and vice chair from among its members.
5.4 Each agency on the board will have one vote. A simple majority will rule. In the event of
a tie vote, the vote of the chair will control.
5.5 The Board shall convene on, at minimum, a quarterly basis to review the operations,
program business, and status of program goals of the MGSF. The Board has the authority to
meet more often if the chair determines it is appropriate.
6. MGSF OPERATIONS
6.1 Daily operation and responsibility for carrying out the operations of the MGSF shall be
under the direction and command of the Metro Commander. The Metro Commander will work
in cooperation with the Statewide Coordinator.
6.2 The Board will select the Metro Commander and the Metro Commander serves at the
pleasure of the Board. The Commander will be expected to provide effective leadership and
administrative coordination; direct officer assignments; oversee field operations, foster
communication and cooperation with other law enforcement agencies in and outside the
geographic region; and identify and facilitate necessary training for MGSF officers.
6.3 The Metro Commander will plan and coordinate case activities and direct investigative
activities of the MGSF based on intelligence provided by the Agencies, with priorities as
determined by the Advisory Board acting in concert with the strategy, policies and guidance
established by the Gang and Drug Oversight Council.
6.4 To protect the integrity of investigations and to ensure that the goals, operations and
objectives of the MGSF are properly represented; requests for information by the media will be
handled by the Metro Commander or their specific designee in accordance with a media policy
established by the Board.
City Council Meeting 11-27-06
7. FUNDING
7.1 MGSF operational requirements, to include sworn personnel and necessary equipment,
will be funded first, to the extent possible, by grants as authorized by the Commissioner of
Public Safety upon recommendation of the Gang and Drug Oversight Council, and by any other
funding sources recognized by state statute or received by any of the members or Agencies on
behalf of the MGSF.
7.2 All assets received through seizure, forfeiture, restitution or fines that are derived from
the operation of the MGSF will remain the property of the Strike Force and will be used for the
furtherance of MGSF efforts. In cases where the MGSF cooperates with another jurisdiction,
such as another task force or local state or federal agency, the Metro Commander and
representatives of other agencies will negotiate a split based upon the amount of effort
expended in the investigation and will document their agreement. In the case of federal
forfeiture actions, established federal rules shall be followed. Policies regarding the collection,
reporting, use and disbursement of all MGSF assets referenced above, will be dictated by the
Board subject to compliance with applicable laws.
7.3 Participating agencies agree to individually assume any of their remaining Agency
funding deficits incurred by the assignment of their Agency personnel or equipment to the
MGSF, provided that nothing herein precludes any Agency from contributing funds, equipment,
or in-kind services in excess of that necessary to fund its own deficit. Grants funds allocated to
each Agency may be used to cover salary, overtime and vehicle costs.
7.4 The Advisory Board shall select a fiscal agent. The Fiscal Agent shall be charged with
the responsibility of serving as the depository for MGSF funds, procuring and paying for
budgeted services and supplies, as approved by the Metro Gang Strike Force Advisory Board,
keeping all financial records and filing required reports in connection with grant funding. The
Fiscal Agent shall be responsible for strict accountability of all MGSF funds, and for the
reporting of all receipts and disbursements. The Board shall receive a quarterly financial report
of all receipts and expenditures and current fund balances from the Fiscal Agent. In addition,
the books, records and reports shall be open to inspection by the Agencies at all reasonable
times.
8. MGSF PERSONNEL
8.1 The Parties shall recommend licensed peace officers or qualified federal law
enforcement officers, as appropriate, and other personnel to the MGSF as agreed upon to carry
out its purpose and to perform its responsibilities under this Agreement. Officers must be
approved by the Board.
8.2 All personnel assigned to the MGSF ("MGSF Personnel') shall remain employees of the
agency assigning the personnel and shall not be considered temporary or permanent
employees of any of the other Parties or the MGSF for any purpose whatsoever or be entitled to
tenure rights or any rights or benefits by way of workers compensation, re-employment
insurance, medical and hospital care, sick and vacation leave, severance pay, PERA or any
other right or benefit of another of the Parties. The Parties acknowledge their individual
responsibility to provide all salary compensation and fringe benefits to their employees while
performing services on behalf of the MGSF. Benefits may include, but are not limited to, health
care, disability insurance, life insurance, re-employment insurance, FICA, Medicare, PERA,
vacation, sick leave, and unpaid leave of absences.
8.3 Parties assigning peace officers as MGSF Personnel must provide each peace officer
with a vehicle and equipment necessary to perform required police functions.
8.4 As directed by the Metro Commander, MGSF Personnel will be responsible for gang or
gang -related prevention activities; directed patrol; and investigations; including intelligence
City Council Meeting 11-27-06 10
management, case development, and the presenting of cases for charging to the appropriate
prosecuting authority. MGSF Personnel may also assist other law enforcement agencies in
surveillance and undercover operations. MGSF Personnel will work cooperatively with assisting
agencies.
8.5 As authorized by Minnesota Statute §299A.641 subd. 6, law enforcement officers
participating in the MGSF have statewide jurisdiction to conduct criminal investigations and
have the same powers of arrest as those possessed by a sheriff.
8.6 All MGSF Personnel shall follow rules of conduct and operational guidance developed
by the Gang and Drug Oversight Council and any policies and procedures adopted by the
Board. Where Agency rules, regulations and policies of the Parties conflict with those
established by the MGSF, the Board will be notified and a resolution will be negotiated between
the MGSF and the affected Agency.
8.7 The Metro Commander or a designee shall refer disciplinary matters involving MGSF
Personnel to the person's originating agency for investigation and disposition unless, based on
the judgment of the Metro Commander, or his/her designee, a particular matter represents
probable cause for the issuance of a criminal complaint, in which case the matter shall be
referred directly to an external law enforcement agency for investigation, provided the person's
agency head is notified in advance thereof. The Metro Commander may exclude contributed
members from further involvement in the MGSF subject to review by the Board and approval of
the contributing agency.
9. LOCATION
MGSF activities shall take place out of a central location to be agreed to by the Agencies and
with the concurrence of the Gang and Drug Oversight Council.
10. ADVISOR
The Board shall designate an attorney to advise the Board and provide civil legal advice
to the MGSF, as and if required.
11. DISPUTE RESOLUTION
Disputes between MGSF personnel that cannot be resolved among MGSF Personnel shall be
referred to the Metro Commander, whose decision shall be final.
12. INSURANCE
12.1 Liability coverage. MGSF will maintain liability coverage with the League of Minnesota
Cities Insurance Trust (LMCIT) with a limit of at least $1,000,000 per occurrence, under
standard LMCIT liability coverage forms.
Alternately, MGSF may maintain equivalent private liability insurance coverage. Such coverage
may be provided through separate policies for commercial general liability (CGL), public
officials' errors and omissions, and law enforcement liability. All liability insurance policies must
comply with the following requirements:
• Each policy shall have a limit of at least $1 million per occurrence. If the policy contains
a general aggregate limit, the general aggregate limit shall be not less than $2,000,000.
• The CGL insurance shall cover liability arising from premises, operations, independent
contractors, products -completed operations, personal injury and advertising injury, and
contractually -assumed liability.
• Each Party, and each Party's officers, employees, and volunteers, shall be named as
additional covered parties on each policy.
12.2 Auto coverage. MGSF shall maintain automobile liability coverage with a limit of not less
than $1,000,000 each accident. If such insurance contains a general aggregate limit, the
City Council Meeting 11-27-06 11
general aggregate limit shall be not less than $2,000,000. The insurance shall cover liability
arising out of any auto, including owned, hired, and non -owned autos. Each Party, and each
Party's officers, employees, and volunteers, shall be named as additional covered parties on the
policy.
12.3 Property coverage. MGSF will maintain all risk property coverage for full replacement
value on property owned by MSGF. The insurer shall waive subrogation against any Party.
12.4 Workers compensation. If MGSF at any time hires employees, MGSF will immediately
acquire and maintain workers compensation coverage.
13. INDEMNIFICATION AND WAIVER
13.1 MGSF waives any claim against any Party for damage to MGSF's property or injury o
MGSF's employees, even if that damage or injury was caused by the negligence of the Party or
the Party's officers, employees, or volunteers.
Each Party waives any claim against MGSF or against any other Party for damage to the
Party's property or injury to the Party's employees, even if that damage or injury was caused by
the negligence of the other Party or the Party's officers, employees, or volunteers.
13.2 MGSF will defend and indemnify any Party against any claims brought or actions filed
against the Party or their respective officers, employees, or volunteers, for injury to, death of, or
damage to the property of any other person or persons, arising from decisions of the MGSF
Board or from any operations for which MGSF is responsible. Any Party, officer, employee or
volunteer subject to such claim shall provide complete disclosure and cooperation in the
defense of the claim.
13.3 In the event that the total liability of the MGSF, its Parties, and their officers, employees,
and volunteers for claims arising from the activities of the Task Force should exceed the
coverage limit or in the event of liability that is not covered by the MGSF's coverage, the parties
agree to share that excess or uncovered liability equally; but this does not include the liability of
any individual officer, employee, or volunteer which arises from his or her own malfeasance,
willful neglect of duty, or bad faith.
Nothing in this agreement shall be construed as a waiver by the MGSF or by any Party of any
applicable liability limit, immunity, or defense. This expressly includes the provisions of
Minnesota Statutes Chapter 466 and any other applicable state or federal statute or case law
It is understood and agreed that each Party's liability shall be limited by the provisions of
Minnesota Statute Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. In the
event of any claims or actions filed against the MGSF and/or any individual Party for any
operations for which the MGSF is responsible, nothing in this agreement shall be construed to
allow a claimant to obtain separate judgments or separate statutory liability caps from the MGSF
and/or individual Parties. The MGSF is intended as a separate liability entity which limits the
liability of individual Parties.
14. NOTICE
Any notice to be given under the terms of this Agreement shall be made by personal delivery or
by first class mail to the Chief Law Enforcement Officer of each participating agency.
15. EFFECTIVE DATE
This Joint Powers Agreement will become effective upon the date of execution of a participating
Agency by their duly authorized official, but in no event prior to December 29, 2005.
16. ADDITION AND REMOVAL OF PARTIES LISTED IN APPENDIX A
Appendix A to this Agreement lists the Parties and contains signatures of representatives of
City Council Meeting 11-27-06 12
each Party. Appendix A may be amended by the Board, upon recommendation of the Gang
and Drug Oversight Council and approval of the Commissioner of Public Safety, without
additional signatures by representatives of the Parties. Amendments to Appendix A may be
made only to add additional parties or remove withdrawing parties.
IN WITNESS THEREOF, the parties listed in Appendix A to this Agreement, by action of their
governing bodies, or their authorized designees, have caused this Agreement to be executed in
accordance with the authority of Minnesota Statute §471.59.
9. Troutland Auto Dealers (Lexus of Maplewood), City Project 05-13, Approve Board of Water
Commissioners of the City of Saint Paul Private Water Main Agreement
Approved the private water main agreement between Bloomer Properties, LLC, the City of
Maplewood and the Board of Water Commissioners of the City of Saint Paul. This agreement
should be recorded with Ramsey County and include the notice address for the Board of Water
Commissioners.
10. Troutland Auto Dealers (Bloomer Properties), City Project 05-13, Approve Board of Water
Commissioners of the City of Saint Paul Private Water Main Agreement
Approved the private water main agreement between Bloomer Properties, LLC, the City of
Maplewood and the Board of Water Commissioners of the City of Saint Paul. This agreement
should be recorded with Ramsey County and include the notice address for the Board of Water
Commissioners.
11. Maplewood Retail Center, City Project 05-30, Approve Board of Water Commissioners of the
City of Saint Paul Private Water Main Agreement
Approved the private water main agreement between Troutland, LLC, the City of Maplewood
and the Board of Water Commissioners of the City of Saint Paul. This agreement should be
recorded with Ramsey County and include the notice address for the Board of Water
Commissioners.
12. Cottagewood, City Project 06-08, Approve Board of Water Commissioners of the City of Saint
Paul Private Water Main Agreement
Approved the private water main agreement between Lauren & Company Development, LTD,
the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. This
agreement should be recorded with Ramsey County and include the notice address for the
Board of Water Commissioners.
13. Authorization to Purchase 2007 AutoCAD Software Upgrades
Authorized the purchase of the AutoCAD 2007 software upgrades for $5,856.
14. Resolution for Adoption of 2007 Public Works Permit Fees
Adopted the following resolution approving the 2007 Public Works permit fees.
RESOLUTION 06-11-141
ADOPTION OF THE 2007 PUBLIC WORKS PERMIT FEES
WHEREAS, the City of Maplewood has established permit fees for sewer service construction,
storm sewer and sanitary sewer main construction, driveway construction, water connection and
grading, and
WHEREAS, city staff has reviewed the permit fees and prepared a schedule of fees titled 2007
City Council Meeting 11-27-06 13
Public Works Permit Fees, dated November 15th, 2006.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA, that:
The updated public works fees are approved for all related permit applications received
after January 1, 2007.
2. The rates shown will be reviewed by staff on an annual basis with recommendations for
revision brought to the city council for consideration.
City Council Meeting 11-27-06
14
15. Consider Approval of 2007 SCORE Funding Grant Application
Approved the 2007 SCORE Funding Grant Application.
J. AWARD OF BIDS
None
K. UNFINISHED BUSINESS
Manufactured Home Park Closing Update — Saint Paul Tourist Cabins (940 Frost Avenue East)
a. Senior Planner Ekstrand presented the report.
Councilmember Juenemann moved to take the $3,000 average of the payments made by Mr.
Montanari for the purchase of the manufactured home at the St. Paul tourist Cabins and
Manufactured Home Park and establish that as the minimum for his purchase of the final
residence located at 948 Frost Avenue.
Seconded by Councilmember Hjelle
Ayes -Mayor Longrie, Councilmembers
Cave, Hjelle and Juenemann
Nay-Councilmember Rossbach
9:25 p.m. A 10 minute break was taken.
2. Conditional Use Permit Review — Maplewood Business Center (1616 Gervais Avenue)
a. Planner Finwall presented the report.
b. The following persons were heard:
Cindy Hall, 1596 Grandview Avenue, Maplewood
Patrick Lensing, Steiner Development
Councilmember Hjelle moved to approve the conditional use permit review for the Maplewood
Business Center subject to all original conditions and the conditions as outlined in the
November 14, 2006 Mediation Agreement between the representative of the Maplewood
Business Center, St. Paul Pioneer Press, Kevin and Cindy Hall and the City of Maplewood.
Seconded by Councilmember Juenemann Ayes -All
3. Environmental Utility Fund — Report on Fund Balance and Establishing 2007 Rates
a. Public Works Director Ahl presented the report.
Councilmember Rossbach moved to approve an increase in the environmental utility rate by
20% effective January 1, 2007 to provide the revenues anticipated in the 2007 budget.
Seconded by Councilmember Juenemann
Ayes-Councilmembers Hjelle, Juenemann
and Rossbach
Nays -Mayor Longrie and Councilmember
Cave
City Council Meeting 11-27-06 15
4. Trunk Highway 5 — 120 MnDOT Property Usage Study, City Project 03-20, Resolution
Authorizing Investigation into Acquisition of Property
a. City Engineer Ahl presented the report.
Councilmember Juenemann moved to adopt the following resolution authorizing the Director of
Public Works to investigate the acquisition/transfer of the MnDOT property at TH 5 and TH 120.
RESOLUTION 06-11-142
AUTHORIZING INVESTIGATION INTO ACQUISITION OF PROPERTY
WHEREAS, pursuant to direction of the council adopted October 23rd, 2006, a study is
underway on the possible development of an environmental complex on the vacant MnDOT property at
Trunk Highways 120 and 5, Project 03-20, and said study is due to the council in October 2007, and
WHEREAS, the Director of Public Works has reported on the need to explore the possible
jurisdictional transfer and/or acquisition of said property for the protection of this investigation, and
WHEREAS, the City has previously received resident concerns about on-going operations at
this site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. The Director of Public Works is hereby authorized on behalf of the City Council to
investigate the possible acquisition and/or jurisdiction transfer of said property from MnDOT to the City
of Maplewood for the purpose of protecting the public interest and welfare within the area.
2. The Director of Public Works shall report to the City Council on conditions of the transfer
and/or acquisition no later than the second regular meeting of the Council of March 2007.
Seconded by Councilmember Rossbach Ayes -All
L. NEW BUSINESS
Saint Paul Regional Water Services Sandy Lake Site Conditional Use Permit (County Road B —
West of I — 35E)
a. Senior Planner Ekstrand presented the report.
b. Planning Commissioner Fisher presented the Planning Commission report.
C. John Blackstone, St. Paul Regional Water Services, spoke for the applicant.
Councilmember Hjelle moved to adopt the following resolution approving a conditional use
permit for the St. Paul Regional Water Services proposed material -storage and
crushing/recycling operation on the Sandy Lake site south of County Road B:
CONDITIONAL USE PERMIT RESOLUTION 06-11-143
WHEREAS, the St. Paul Regional Water Services applied for a conditional use permit to use the Sandy
Lake site as a storage and construction -materials recycling site.
WHEREAS, Section 44-1092(1) of the city code of ordinances requires a conditional use permit for any
public utility, public service or public building use.
WHEREAS, this permit applies to the property located on the south side of County Road B East on the
City Council Meeting 11-27-06 16
west side of Interstate 35E. The legal description is:
Parcel #18-29-22-12-0010: South 140' of North 270' of E 442', 68/100'. North 130' of SW'/4 of NE 1/4
subject to County Road B part of NW'/4 of NE'/4 S. E. LY of 160' W.W. R/W in SECTION 18, TOWN 29,
RANGE 22.
Parcel #18-29-22-24-0024: Subject to Avenue; except South 15' of East 320' of West 1790' of NW'/4
ex. Part in James 1St Addition part of said NW 1/4, S.E.LY of W.W. R/W in SECTION 18, TOWN 29, RANGE
22.
Parcel #18-29-22-24-0001: SECTION 18, TOWN 29, RANGE 22. 1 00'W.W. R/W across N 2/3 of SW
'/4. 165' WW R/W across S'/4 of NW 1/4. 160' WW R/W across N % of E Y2 of NW'/4 of SECTION 18,
TOWN 29, RANGE 22.
Parcel #18-29-22-12-0009: SECTION 18, TOWN 29, RANGE 22. 160' W.W R/W across NW Y4 of NE
Y4 of SECTION 18, TOWN 29, RANGE 22.
WHEREAS, the history of this conditional use permit is as follows:
On November 6, 2006, the planning commission held a public hearing and recommended
approval of this request. The city staff published a notice in the paper and sent notices to the
surrounding property owners. The planning commission gave everyone at the hearing a chance
to speak and present written statements. The planning commission considered the
recommendation of the city staff.
2. On November 27, 2006, the city council approved this request after considering the
recommendations of the planning commission and those of city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use
permit, because:
The use would be located, designed, maintained, constructed and operated to be in conformity
with the City's Comprehensive Plan and Code of Ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other
nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create
traffic congestion or unsafe access on existing or proposed streets.
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
City Council Meeting 11-27-06 17
Approval is subject to the following conditions:
The applicant shall comply with the site plan date-stamped October 6, 2006. All construction
shall follow that approved site plan. The director of community development may approve minor
changes.
2. The construction of the bins and paving of the driveway apron must be substantially started
within two years of council approval or the permit shall become null and void.
3. The city council shall review this permit in one year. If the applicant has not substantially
started this project by that time, the city council may renew this permit.
4. The applicant shall submit a detailed plan for the approval of the city engineer and the Capitol
Regions Watershed District showing how they will prevent any erosion and sediment from
leaving the site. This plan shall also include the restoration of the rip -rapped areas of the slope
down to the pond and detail the construction of a paved driveway apron from County Road B
back 50 feet into the site along both branches of the driveway.
5. The annual materials -crushing operation shall be reviewed by staff after the first time to
evaluate whether there were any problems or nuisances caused by this activity. The city
council may prohibit any subsequent crushing activity if problems and complaints occur. The
crushing operation shall be limited to Monday through Friday 8 a.m. to 5 p.m.
6. The applicant must keep the site watered to control the dust.
7. All SPRWS vehicles shall enter and leave the site, via the County Road B driveway, to the west
from Rice Street.
8. If there are complaints concerning the hauling or crushing operations, the applicant and those
complaining shall attempt to resolve the problems via Dispute Resolution.
Seconded by Councilmember Cave Ayes -All
Councilmember Rossbach moved to continue the meeting until the completion of New Business Item 2
and then reconvene at 5:00 p.m. on Thursday, November 30, 2006 to complete the meeting.
Seconded by Mayor Longrie Ayes -All
2. Conditional Use Permit Review — Midwest Grounds Maintenance (1949 Atlantic Street)
a. Planner Finwall presented the report.
b. The applicant and property owner Farid Atiyeh was present for council questions.
Councilmember Juenemann moved to approve the conditional use permits for Midwest Ground
Maintenance Company (1949 Atlantic Street) and review again in November of 2008 to ensure
nr\m r,lo4i r\ri r\F 4ho ro lvgiro rl r»rLirin Ir\4 rrn iomori4
Seconded by Councilmember Rossbach Ayes -All
M. ADJOURNMENT
Mayor Longrie moved to adjourn at 11:30 p.m.
City Council Meeting 11-27-06 18
�t 014
Dear Mayor and City Council,
We are citizens of the Carver Heights neighborhood in the city of Maplewood. We present this petition to
you, our city government representatives, as a formal request to vacate the easement through the CoPar
properties at the end of Heights Avenue and subsequently declare permanent the temporary cul-de-sac at
that location.
We feel there are good reasons to request this action. The recent proposal for development has shown that
if the property is developed there is no intention to utilize this easement and the developer has already asked
to have the easement vacated.
The most important reason is for the safety of the many young children in our neighborhood, which is
our primary concern. We also feel that this action would maintain the private character and
environmental features of the neighborhood as it was intended and presented to the property owners.
Thank you,
Respectfully submitted by the undersigned.
NAME
ADDRESS
SIGNATURE
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Carver Heights Petition Page 2
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MEMO
TO: Greg Copeland, City Manager
S
FROM: avid Fisher, Interim Community Development Director/ Building
Official
RE: Revision to the increase in Planning Fees for the second
reading.
DATE: November 27, 2006
On November 13, 2006, the City Council approved the first reading of an
ordinance to increase planning fees effective 1-1-07. Attached is a copy of
revisions to the Community Development Department Service Charges and the
Planning Fees. The revision does not change any of the fees from the first
reading. The changes reflect more clearly the R1, R1 R, R1 S, R2, RE & F zoning
districts and reference the correct City of Maplewood ordinance sections for the
Planning Fees and Sign Code Fees from the re -codification of 2003.
Exhibit A
Page 1 of 3
COMMUNITY DEVELOPMENT DEPARTMENT
Service Charges
Estimated
Fee
Annual
2005
2006
2007
Volume
Fee
Fee
Fee
PLANNING FEES (Set by Ordinance)
Zone Change *
8
952
1,128
1,304
Conditional Use Permit:
R1, R1 R, R1 S, R2, RE and F *
1
487
742
997
Other *
11
989
1,153
1,317
Conditional Use Permit Revision:
R1, RJR, RIS, R2, RE and F *
6
338
630
922
Other *
8
479
793
1,107
Variances:
R1, R1 R, R1 S, R2, RE and F *
6
391
630
869
Other *
6
947
1,046
1,145
Front Yard Setback *
1
225
298
371
Vacations:
R1, R1 R, R1 S, R2, RE and F *
10
150
153
156
Other*
2
583
595
607
Lot Divisions (Fee per lot created):
R1, R1 R, R1 S, R2, RE and F
11
83
85
87
Other
1
311
317
324
Home Occupations
Initial Permit
6
401
637
873
Annual Renewal
6
56
57
58
Sign Erection Permit (per inspection)
100
24
24
25
Temporary Sign Permit
30
28
32
36
Wall Sign Permit
50
40
56
72
Free Standing Signs
13
53
82
111
*Plus a surcharge for each affected property to pay for the County's filing fee for resolutions.
CADocuments and Settings\dfisher\My Documents\GayleTEES_CD NOV 2006
11/27/2006
Exhibit A
Page 3 of 3
COMMUNITY DEVELOPMENT DEPARTMENT
Service Charges
Fee
Estimated
Annual
Volume
2005
Fee
2006
Fee
2007
Fee
PUBLICATIONS (Includes Sales Tax):
Zoning Code
6
6
6
Platting Code
3
3
3
Sign Code
3
3
3
Comprehensive Plan
15
15
15
Zoning Map
11
11
11
City Map
3
3
3
Section Map
3
3
3
Planning Commission or Community
Design Review Board:
Minutes - Per Year
Agenda Packet - Per Year
Property Owner List
15
115
67
15
117
68
15
119
69
"Plus a surcharge for each affected property to pay for the County's filing fee for resolutions.
CADocuments and Settings\dfisher\My Documents\Gayle\FEES_CD NOV 2006
11/27/2006
I
ROM : AMERICAN INFRASTRUCTURE TECH PHONE NO. : 1 320 272 4440 Nov. 27 2006 05:10PM P1
&AX
AMERICAN" INFRASTRUCTURE
TECHNOLOGIES
From The Desk Of Del Zentgraf
Direct Phone: (612) 808-9064 Finai.l: de
ktaitoaol.com
1671 -130th Avenue, Ogilvie, MN 56358
Phone 320-272-0133 Fax 320-272-4440
MEMO
November 22,, 2006
TO: honorable Mayor Diana Longri.e
ALL City of Maplewood Council Members
Subject: Response to Ms. Erin Laberee's Agenda Report dated November 15, 2006,
regarding The Woodlands of Maplewood - Revisions
COMMentS: Contrary to Ms- Laberee's agenda report, we did not request a
hearing with council. Ms. Laberee indicated to me that council action would be
necessary if we did not conform to her re -design of this intersection. Ms. Laberee fails to
mention in her agenda report that when. she left for her leave of absence she left Bill Preib
in charge of all matters regarding this project. Both Metro Engineering (Kevin Gardner)
and myself were informed. Bill Preib came out to the site and discussed options for
construction of the intersection. We both agreed to construct the intersection as it exists
today. If in -fact we needed other approvals, Bill Preib should have informed us or he
should have had someone else other than himself approve it. All we knew is that he was
taking over for Ms. Laberee. I had requested Bill Preib to approve, in writing, but he had
passed away prior to taking care of this matter. We certainly did not construct this
intersection without city direction.
We have since found that the wall on the north side could be constructed with a larger
block that would not require tie -backs. The construction of a retaining wall with this type
of block would resemble an entrance similar to The Saint Cloud State Prison and would
yield the same effect when entering. The cost would be out of budget. We feel the
intersection is very attractive as constructed. I would request council to at least take a
look at this site before making any radical changes. At the very most, we would change
the north wall to conform to the original wall plan, but would hope that you would find
the existing entrance an. improvement.
I tried to meet your Street Supt. 2 weeks ago to discuss the snow issue Ms. Laberee says
exists. We had set a meeting date but, the morning of the meeting, he called to inform me
that Ms. Laberee had asked him not to meet with. me. Any show on the north side of the
intersection can easily be plowed to the disinage swale that exists just east of the north
wall_
r
FROM : AMERICAN INFRASTRUCTURE TECH PHONE NO. : 1 320 272 4440 Nov. 27 2006 05:11PM P2
1 would be happy to meet with any or all of you, on site, at your convenience. The
construction of the public street and intersection was done under the City's direct
supervision. It is difficult to understand astrononuc additional costs that would be a result
of more changes.
The private trail Ms. Laberee is referring to is too steep to construct as planned. Again,
Bill Preib approved the change as indicated on the drawing submitted by Metro
Engineering. All one needs to do is stand on the site and look_ It is only common sense.
The slope ratio would be closer to 30 and, as opposed to the required 10% maximum,
that would be allowable_ If steps were built, handicap requirements could not be met.
Thank you for any consideration.
Re c fitted,
el Ze ntgraf / Project M ger
Page 1 of 2
Greg Copeland '+ k1 3
`
From:
Chuck AN
Sent:
Monday, November 27, 2006 10:48 AM
To:
Erik Hjelle; Greg Copeland
Cc:
City Council; Gayle Bauman
Subject: RE: Environmental Utility Fund
Erik:
When Dan presented the data on all Fund status and recommendations at the August 21st Council Meeting, he
projected that the end of year balance would be a negative $240,405.
That report noted that the original budget has been revised for the 2006 Re -Estimate to reduce revenue by
$150,000 to a level below the amount collected in 2005 due to credits and a change in billing receivables.
Additionally, the Finance Director decided not to bond in 2006 for public improvement costs (the transfers noted
earlier) and those expenses where originally budgeted at $503,500 but actually required transfers of $784,405, or
$280,000 more than budgeted. These two numbers combined ($150,000 + $280,000) are the major reasons for
the negative cash balance and the recommendation to increase the fee by 20%. The transfers approved in 2006
were for the following projects:
• $345,105 for the Kenwood Area Improvements
• $225,000 for the Hazelwood Area Street Improvements from 2005
• $ 8,300 for the Dahl Avenue improvements
• $ 10,000 for the Gladstone project storm water planning
• $ 50,000 for the Valley View flooding problem
• $ 75,000 for the Brand Avenue flooding problem
• $ 18,000 for the County Road D West ponding issues
. $ 33,000 for the 2007 Eldridge Avenue drainage investigation
. $ 30,000 for the 2007 TH 5-120 Marshlands Project investigation
Obviously there is a lot of data and information that goes into the management of these types of funds. For
example, the City could have bonded for the Street improvement expenses for the two projects above and
deferred payment over a 10 -year to 15 -year period. This decision alone would have resulted in positive cash
balance but created an $80,000 to $90,000 annual debt payment expense beginning in 2007. The decision by
the Finance Director was to continue a pay-as-you-go for as long as practical until rate increases were not
sustainable. Since there was no rate increase in 2006, it was decided that a 20% increase in 2007 is
approximately equal to an annual increase of 10%. Given the NPDES and non -degradation requirements that
have added major expenses to the City for the current projects and the 2007 expenses, staff recommended the
fee increase.
Let me know if you have additional questions. I will be presenting this information as part of tonight's agenda
item.
Chuck
From: Erik Hjelle
Sent: Monday, November 27, 2006 8:44 AM
To: Chuck Ahl; Greg Copeland
Cc: City Council; Gayle Bauman
11/27/2006
e1-eov6vtj -:) 71 7� u ��
m D/
Tom MoEire Moibi
3033 Chamberlain Street N
Maplewood, MN -55109
• PHONE: 612-366-8791 • E-MAIL: toin_ ro )i(a:_wrn I tc:lie I1 c&
OBJECTIVE
Strengthen community capacities to develop, implement and evaluate public health policies and
interventions to monitor, assess, communicate and control environmental, occupational and consumer
health risks, while engaging all sectors responsible for reducing the burden of pollution.
EDUCATION
William Mitchell College ofLaw St. Paul, MN
Juris Doctor — Expected December, 2008
University of Minnesota Duluth, MN
Master of Environmental Health & Safety May 2003
Bachelor of Business Administration May 2002
Major: Finance & Management Information Systems
COMPETENCIES
..... _.......... .._ . _ _. _......__.
Professionalism: Demonstrated professional competence in the field of environmental and occupational
health & safety. Strong analytical skills and ability to analyze complex business issues, recommend and
defend various negotiation positions and then execute final decisions; Ability to investigate, gather and
analyze facts/data, draw conclusions and prepare reports; communicate technical information to non-
technical personnel; develop, implement, and enforce regulatory programs and protocols.
Team work: Experience and ability to establish and maintain effective working relations with people of
different national and cultural backgrounds with sensitivity and respect for diversity; Proven record in
working collaboratively with colleagues to achieve organizational goals; Strong interpersonal skills
demonstrated by the ability to lead and gain the assistance and cooperation of others in a team endeavor;
Ability to build trust through operating with transparency and creating an open and positive environment.
Planning and organization: Proven effective organizational and planning skills; Ability to identify
priority activities and assignments and make necessary adjustments as required; Foresee risks and allow
for contingencies when planning; and ensure timely delivery of results.
Leadership: Ability to collaborate with others to achieve results; Experience in building and managing
teams and creating an enabling environment; Proven ability to transfer knowledge to senior management
and team members at all levels; Ability to establish and maintain relationships with a broad range of
people to understand needs and gain support; Proactive approach in developing strategies to accomplish
the objectives of the organization as a whole.
WORK EXPERIENCE
Health Safety & Environment Specialist & ERT Captain 2003— `04; 2005 - Present
Honeywell International Inc, Defense and Space Electronic Systems (DSES) Minneapolis, MN
Responsible for partnering with Honeywell's diverse businesses to develop and deploy health, safety and
environmental (HS&E) strategies and programs: Oversee HS&E functions in two manufacturing
operations of aerospace guidance and navigation components (approximately 1600 employees and $415M
in sales -2004); conceive, prepare, and integrate HS&E policies, programs and considerations into
business decisions and annual planning. Annual strategy includes tailoring specific action plans to each
business unit to ensure HS&E integration and provide a process for continual improvement. Thematic
topics of engagement include strengthening, streamlining and devolution of HS&E functions based on six
sigma concepts organization -wide. Support the department's mission by facilitating effective interaction
between the Federal, State and Local regulatory agencies and the organization, and providing
communication and policy advice to management and key stakeholders on emerging HS&E issues. In
consultation with relevant bodies, monitor, identify and bring to the attention of the organization
emerging regulatory and compliance issues requiring intervention, recommend appropriate action and
follow up on decisions taken to the mandate of EPA, OSHA, NFPA, PCA etc. Maintain liaison with
employees while serving as a contact between management and organization regional facilities. Assist in
deployment, complete integration and continuous improvement of the Honeywell HSE Management
System (HSEMS) and Honeywell Operating System (HOS) in order to identify and effectively manage
potential HS&E impacts and risks.
Other responsibilities include but are not limited to: develop and track leading metrics for senior
management that reflect Honeywell HS&E performance, work with teams to analyze data and
recommend corrective actions where indicated, provide functional support for the Annual Operating Plan
(AOP) working closely with the HS&E business leaders to help set annual targets and objectives around
HS&E performance that are aligned with corporate strategies, lead investigations into major incidents and
identify data trends to uncover root causes and provide facility -wide direction to prevent recurrence, and
act as functional subject matter expert in selected HS&E areas according to expertise. Lead and provide
significant contribution to the facility's Emergency Response Team, Chemical Spill Team and the Fire
Marshals. Chair and mentor the facility's 9 safety committees.
Corporate Health, Safety & Environmental Specialist 2004 — `05
Tennant Company, Corporate Risk Mana eg nzent Golden Valley, MN
Achievements: Governor's Award 2004, 53% Recordable Injury reduction in Holland MI facility, 51.8%
Recordable Injury reduction in MPLS, MN facilities, Created 2 Safety Committees.
Responsible for global manufacturing and sales operations (approximately 2500 employees worldwide -
$500M in sales -2005). Guided a bottom quartile safety performer within the manufacturing industry in
2004 into an operation with a successful safety culture on the verge of world-class safety performance.
Aggressively spotted risks and non-compliance and partnered with right people to develop a sustainable
fix. Set priorities and managed multiple stakeholders while never compromising safety or compliance.
Took personal responsibility for achieving Risk Management corporate goals and reputation among
stakeholders. Built relationships with and gained trust of customers and employees by always meeting
commitments. Developed effective training material and educated leaders on HSE expectations. Removed
performance barriers by providing systems, information, tools and resources people needed to do their
jobs. Created teams that had the right membership, including diverse representation to ensure all
viewpoints were considered and best outcome accomplished. Maintained regular contact with global sites,
including personal visits. Recognized emerging problems; identified issues, and followed-up with the
most appropriate action. Supported global, standardized product liability investigations and
implementation of identified action items for insurance renewals. Managed various government reports,
permits & related documents. Conducted IH, Safety & Ergonomic assessments. Responded to indoor air
quality complaints and conducted sampling. Performed other HSE duties as required.
Research Assistant 2001 — `03
University of Minnesota Dithith, MN
Conducted research on high dielectric constant (k) materials considered as a replacement for SiO2 and
SiN in capacitors for dynamic random access memory (DRAM) and RF circuits. Focus was on the newly
introduced chemicals that pose significant challenges to the work environment in Fabrication facilities.
Presented research findings at the Semiconductor National Annual Conference at San Antonio, TX.
Program Assistant 2001-`02
Duluth Regional Care Center Duluth, MN
Provided residential & support services to children & adults with developmental disabilities. Created safe
& nurturing environments where residents can be comfortable, acquire new skills, & learn to balance
risks & safety in their lives. Guided residents in skill development, safety, personal hygiene, behavior
management, cooking, social interaction, communication, & money management. Assisted clients with
control over their life & encouraged them to develop personal independence & strong relationships with
others in their community.
Certified Nurse's Aid (CNA) Minnesota Dept. of Health 1999-101
Benedictine Health Center/Westwood Duluth, iLIN
Provided services to residents/senior citizens in Long -Term Care Facilities as a CNA. Trained and
evaluated three new employees in Benedictine's orientation program.
PROFESSIONAL TRAINING
Qualified neutral eligible for court referrals -August, 2006: Completion of Alternative Dispute
Resolution training certified by the Minnesota Supreme Court's office of continuing education in
Mediation, Mediation -Arbitration, Mini -Trial Processes, Summary Jury Trial, Early Neutral Evaluation,
Moderated Settlement Conference, and Consensual Special Magistrate Processes.
Certified Environmental Compliance Manager - 2004
Emergency Operations First Responder & Captain - Hazardous Waste Operations and Emergency
Response (HAZWOPER) certification -2003 to present; Hennepin County Environmental Hazmat
certification -2003;
Cardiopulmonary Resuscitation (CPR) & First Aid trained and certified -1999 -Present
State Certified Nurse's Aid — 1999
PROFESSIONAL ASSOCIATIONS MEMBERSHIP
Research Chair -William Mitchell College of Law -Environmental Law Society
Treasurer -William Mitchell College of Law -Black Law Student Association
Member —Minnesota Student Bar Association & Hennepin County Bar Association
Volunteer - International Institute of Minnesota
COMPUTER SKILLS
Operating Systems: MS Win95/98/2000/XP, MS Dos;
Languages: C, C ++, HTML, SQL;
Software Applications: Ms Excel, Ms Access WordPerfect, Spreadsheets, Photoshop, PowerPoint
AWARDS /ACHIEVEMENTS
_
Governor's Award -Excellence in Occupational Health & Safety- (Tennant Company 2004, Honeywell
International 2005); Fellow -National Institute of Occupational Safety & Health Training Grant —
2002/03; Winner -Semiconductor Environmental Safety & Health Association Scholarship -2002/03;
Researcher — University of Minnesota Duluth, Undergraduate Research Opportunities 2001; Employee of
the month award- Benedictine Health Center -2000; Soccer Team Captain- International Club 1999-'03.
LANGUAGES
English -Fluent; Kisii - Mother tongue; Swahili -Fluent
REFERENCES
Available upon request.
a17� X049 (,
MEMO
To: Greg Copeland:
From: Chuck Bethel
Date: November 21, 2 06 C --
How Salary increases were distributed for non-union employees before they established an
organized bargaining unit
Salary increases for non-union employees for the years 2003 thru 2005
2003 — 3.0 % cost -of -living adjustment (COLA) to employee wages
2004 — 3.0 % cost -of -living adjustment (COLA) to employee wages
— December 2004 — 5.0 % was added to the top of the salary ranges for these positions
— 2005 — 3.0 % cost -of -living adjustment (COLA) to employee wages
— January 2005 — Based upon an employee's average "merit pay" bonuses during the three
previous years, employees were given a raise, which went as high as 5.0 % more in January.
Note: For the nine (9) department heads employed by the City in January of 2005 — 6 received
the additional maximum raise of 5.0 %; one received a 4.9 % raise; one received a 4.4 % raise
and one received a 3.7 % raise. For those employees, who had already been at the top of their
salary ranges, until the top of the ranges had been increased by 5.0 %, they were unable to
receive any more than their COLA increases each year. But when the salary ranges were
increased by 5.0 % in December of 2004 the employees were then eligible for pay raises of up
to 5.0 % in 2005. For most of the department heads they were granted 5.0 % raises and again
reached the top of the salary ranges for their position just one month after the top of the ranges
had been increased.
The total in salary increases the majority of the department heads received between
January 1, 2003 and Januaryl, 2005 was approximately 15.0 %. This percentage is not 14.0
% as may be expected because percentage increases were compounded on top of previous
percentage increases.
"Merit pay" bonuses for non-union employees for the years 2003 thru 2004
— 2003 — Most department heads (6 of 9) received 5% bonuses in 2003 and 2004. Of the
remaining three department heads, two received bonuses between 4.5% and 5.0% each year
Note: Total "merit pay" the majority of the department heads received for the years 2003 and
2004 was 10.0 %.
An example of salary and bonuses spent for one department head (2003 thru 2006).
— 2003 salary = $94,557.00
— 2003 "merit pay" bonus = $4727.85
— 2004 salary = $97,386.00
— 2004 "merit pay" bonus = $4869.30
— 2005 salary = $105,186.00
— 2006 salary = $108,347.00
Total compensation (salary and "merit pay" for 2003 thru 2006) = $415,073.15
Note: The total compensation for salary and merit pay listed above does not include other
benefits paid by the City for the employee (i.e. health insurance, life insurance, contribution for
deferred compensation, car allowance, long term disability insurance, etc.)
How job classifications and salary ranges are created
When a job classification is created (based upon the needs of the Employer to perform certain types of
work) the human resources department investigates other comparable cities to determine if these other
cities have one or more employees performing similar duties. After the survey is complete, a job
description is developed (this description will usually include a list of all of major areas of
responsibility the position would be accountable for, the primary objectives of the job, the supervision
received and/or exercised, the knowledge, skills and abilities necessary to perform the duties and the
minimum qualifications for the position). Also, based upon the results of the survey, a pay range (from
the lowest beginning salary to the maximum pay level available for that particular job) was established
by human resources with approval of the City Manager.
Note: The City Council had to approve budgets so they may have had some input into the salary ranges
for a job, if the position was being added to the budget for the first time.
Filling new positions -After the job classification was approved by human resources, the City
Manager and the City Council, the City would attempt to find candidates to fill the position. In
Maplewood, jobs were, and still are, first offered to current employees. If a viable candidate was not
found among City employees, the position was posted to allow the general public to apply. Applicants
were then tested and/or interviewed and the best candidate was hired. After an employee was hired
they would be placed into the salary range (somewhere between the lowest to the highest salary
available for the position). The placement of the employee, within the pay range, would be based upon
the employee's past experience related to the duties of the position and how effectively they could
negotiate a starting salary with the City Manager.
Cost -of -living Adjustments - At the beginning of each year the non-union employees would receive a
cost of living adjustment (COLA). Non-union employees would receive their COLA by receiving the
same percentage increase in their salary that the union employees had negotiated.
Salary increases for longevity and performance - In addition to the COLA increase, employees
would also receive a pay raise between 0% and 5% of their current salary. This raise would become
effective on the anniversary date that the employee started in their current position. The amount of the
increase (from 0% to 5%) was based upon the supervisor's opinion of how well the employee had
performed their duties during the previous year. After the employee and the supervisor agreed upon a
raise, the City Manager had to give final approval of the increase.
Merit Pay Program - The City also had a "merit pay" program for many years (it was eliminated in
2004). The merit pay program allowed an employee to receive an annual bonus also from 0% to 5%, if
they exceeded expectations during the previous year. To receive the bonus, the employees were
required to provide written documentation to justify the bonus and they had to meet with their
supervisor to discuss how much bonus the believed they had earned because of their performance. The
bonuses also had to be approved by the City Manager.
Merit pay as a bonus- The "merit pay" was treated as a bonus for employees. The money each
employee received was a one-time bonus pay -out. The bonus did not increase the employee's salary
for the next year nor did it raise the maximum salary that the City would agree to pay for the position.
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Eliminating merit pay - When, in 2004, the City Manager decided to eliminate the merit pay program
he did three (3) things:
1. The top salary available to each of the affected job titles (i.e. the positions that were going to
lose the merit pay benefit) was increased by 5% in December of 2004.
2. Then these employees, who already had their top salaries increased, were also given a one-
time lump -sum merit pay increase for their performance during 2004. The amount of the bonus
was between 0% and 5% of their annual salary and was negotiated between the employee, the
supervisor and the City Manager. If the bonus was to be paid to a department head, the
negotiations would be between the employee and the City Manager only.
3. Then these employees, who already had their top salaries increased by 5% in December
2004, and who already had received additional bonuses of up to 5% in December 2004, in the
first month of 2005, were given a prospective salary increase of between 0% and 5%. The
amount of this additional January 2005 salary increase was determined by the average of the
employee's merit pay increases for the years 2002 thru 2004.
Note: Most of the department heads, whose salary in 2004 was already at the maximum salary
range, before the top of the salaries were increased by 5% were then given the maximum 5%
salary increase in January 2005 and thus they remained at the top of the maximum salary range
for the positions.
What salary increases do the employees who were removed from merit pay receive now?
1. A COLA adjustment is provided at the beginning of each year (again, it is based upon
the negotiated settlements of the unionized employees)
2. On the anniversary date that the employee started in their position, they are eligible
for a pay raise of between 0% and 5% based upon their past years performance. The
amount is negotiated between the employee and their supervisor and the City Manager.
Note: The previous City Manager had a policy that allowed employees who were being paid in the
bottom 25% of their salary range receive up to a 5% pay increase; employees who were being paid at
25% to 50% of their salary range receive up to a 4.5% pay increase; employees at 50% to 75% of their
salary range receive a maximum increase of up to 4.0%; and employees at the top 25% of their salary
range receive a maximum increase of up to 3.5%.
New City Manager - Because there is a new City Manager, he may have different ideas about how to
determine the salary increases for the employees that currently do not have a contract with the City. Of
course, with the formation of the new bargaining unit, there are currently no employees that will
negotiate independently.
Newly created bargaining unit Employees must now negotiate - All of these previously non -
represented employees formed a bargaining unit and now need to negotiate their salary and benefit
package with the City.
Negotiations will include such issues as:
1. Determining COLA increases for the bargaining unit.
2. Determine if employees can receive annual "step" pay increases.
3. Reviewing prevailing wages for all the positions based on cities of similar size and thus
establishing the appropriate salary range and benefit package for each individual job
classification.
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