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2013 04-29 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 29, 2013 City Hall, Council Chambers Meeting No. 08-13 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgement of Maplewood Residents Serving the Country. C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments.” D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of April 08, 2013 City Council Workshop Minutes 2. Approval of April 08, 2013 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Presentation By Metropolitan Council Representative – Sandy Rummel 2. Parks System Task Force Appointments 3. Commission Appointments a. Community Design Review Board b. Heritage Preservation Commission c. Human Rights Commission d. Parks & Recreation Commission e. Planning Commission 4. Resolution of Appreciation for Don Christianson – Parks Commission 5. Resolution of Appreciation for Bruce Roman – Parks Commission 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 Directing Modification of Existing Construction Contract, Change Orders with Derau Construction, Police Department Expansion Project – Phase 1 3. Conditional Use Permit Review – Bruentrup Heritage Farm, 2170 County Road D 4. Conditional Use Permit Review – Cottagewood Town House Development, South of Highwood Avenue, East of Dennis Street, West of I-494 5. Conditional Use Permit Review, T-Mobile Cellular Telephone Tower at Harmony Learning Center, 1961 County Road C East 6. Approval of the Submission of a Community Powers Grant for the Proposed Plastic Bottle Waste Reduction Project at the Community Center 7. Resolution Adopting Retiree Health Savings Plan for LELS Police Officer Employees 8. Resolution Approving State of Minnesota Joint Powers Agreements with the City of Maplewood on Behalf of its City Attorney and Police Department 9. Approval for Police Department to Purchase Toughbook Computers 10. Approval of Resolution Reducing Retainage on Existing Construction Contract, Western Hills Area Street Improvements, City Project 10-14 11. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order 1, TH 36/English Street Interchange Improvements, City Project 09-08 12. Approval to Enter into Contract for the Installation of Water Services, Rice Street Improvements, Project 11-28 13. Resolution Accepting Donation to the Human Relations Commission from the Wells Fargo Foundation H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Resolution Approving Purchase Agreement with Ramsey County Regional Rail Authority for Sale of Bruce Vento Railroad Right of Way from Beam Avenue to North of Interstate 694 J. NEW BUSINESS 1. Approval of New On-Sale Intoxicating Liquor Manager for Champps of Maplewood 2. 3M Company Environmental Assessment Worksheet—Consideration of a Finding of No Negative Environmental Impact for a Proposed Research and Development Building at 3M Center 3. Approval of Shared Services Joint Powers Agreement with the City of Lake Elmo for Inspection Services 4. Meeting of Economic Development Authority a. Call to Order b. Approval of Agenda c. Approval of Minutes 1. February 11, 2013 d. Old Business 1. Discussion on Tax Increment Financing District for 3M Research and Development Facility a. Possible Declaration of Intent to Close Meeting (Minn. Stat. §13D.05) e. Adjourn K. AWARD OF BIDS 1. Approval to Receive Quotes and Award Construction Contract – Police Department Expansion Phase 2 2. East Metro Public Safety Training Center, City Project 09-09 a. Resolution Receiving Bids and Awarding of Contract for Burn Equipment Supplier b. Resolution Authorizing Payment to the City of Oakdale for Purchasing Reclaimed Base Material L. VISITOR PRESENTATIONS M. ADMINISTRATIVE PRESENTATIONS N. COUNCIL PRESENTATIONS 1. Annual Performance Evaluation of City Manager James Antonen a. Declaration of Intent to Close Meeting (Minn. Stat. §13D.05) O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. THIS PAGE IS INTENTIONALLY LEFT BLANK April 8, 2013 City Council Workshop Minutes 1 Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, April 8, 2013 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 at 5:02 p.m. by Mayor Rossbach. B. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Parks & Recreation Commission and Parks System Task Force Candidate Interviews The following individuals were interviewed for the Parks and Recreation Commission 1. Nora Slawik 2. Matt Prom The following individuals were interviewed for the Parks System Task Force 1. Scott Schaler 2. Pete Boulay 3. Jason Lamers 4. Mark Nichols 5. Alysyn Morris 6. Marilyn Anderson F. ADJOURNMENT Mayor Rossbach adjourned the meeting at 6:49 p.m. Packet Page Number 1 of 270 April 08, 2013 City Council Meeting Minutes 1 MINUTES Item E2 MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, April 8, 2013 Council Chambers, City Hall Meeting No. 07-13 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Robert Cardinal, Councilmember Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda: M2 Organ Transplantation M3 City Manager Report Councilmember Koppen moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of March 25, 2013 City Council Workshop Minutes Councilmember Juenemann moved to approve the March 25, 2013 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of March 25, 2013 City Council Meeting Minutes Correct the spelling from Strom to Storm on page 6 of the minutes, agenda item G12. Councilmember Juenemann moved to approve the March 25, 2013 City Council Meeting Minutes as amended. Packet Page Number 2 of 270 April 08, 2013 City Council Meeting Minutes 2 Seconded by Councilmember Koppen Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Paul Mateyka, Patricia Mateyka and Steven Mateyka Owners of McCarron’s Pub and Grill, Introduction to Council Citizen Services Director/City Clerk Guilfoile introduced the owner’s of McCarron’s Pub and Grill. The owner’s were unable to attend March 25, 2013 council meeting where an on-sale intoxicating liquor license was approved for the establishment with the condition they would be present at the next council meeting. 2. Harriet Tubman Center – Beverly Dusso – Information on Bonding Request for Services to be Provided at Tubman Center Beverly Dusso, Tubman President gave the report and answered questions of the council. 3. Parks System Task Force Appointments Councilmember Juenemann moved to approve the Resolution to appoint candidates to the Parks Systems Task Force. RESOLUTION 13-4-885 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the Parks System Task Force: - Scott Schaler - Pete Boulay - Jason Lamers - Mark Nichols - Alysyn Morris - Marilyn Anderson Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Parks & Recreation Commission Appointments Councilmember Juenemann moved to approve the Resolution to appoint candidates to the Parks & Recreation Commission. RESOLUTION 13-4-886 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Packet Page Number 3 of 270 April 08, 2013 City Council Meeting Minutes 3 Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the Parks & Recreation Commission: - Nora Slawik, term expires April 30, 2016 - Matt Prom, term expires April 30, 2015 Seconded by Councilmember Cardinal Ayes – All The motion passed. G. CONSENT AGENDA Consent agenda items G5 and G8 were pulled from the agenda for separate votes. Mayor Rossbach moved to approve agenda items G1-G4, G6, G7 and G9. Seconded by Councilmember Koppen Ayes – All The motion passed. 1. Approval of Claims Mayor Rossbach moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 148,301.06 Checks # 89569 thru # 89611 dated 03/18/13 thru 03/26/13 $ 375,422.04 Disbursements via debits to checking account dated 03/18/13 thru 03/22/13 $ 370,051.94 Checks # 89613 thru # 89652 dated 03/28/13 thru 04/02/13 $ 262,402.55 Disbursements via debits to checking account dated 03/25/13 thru 03/29/13 $ 1,156,177.59 Total Accounts Payable PAYROLL: $ 546,925.36 Payroll Checks and Direct Deposits dated 03/29/13 $ 473.39 Payroll Deduction check # 9989259 thru # 9989260 dated 03/29/13 $ 547,398.75 Total Payroll $ 1,703,576.34 GRAND TOTAL Seconded by Councilmember Koppen Ayes – All Packet Page Number 4 of 270 April 08, 2013 City Council Meeting Minutes 4 The motion passed. 2. Approval of Resolution of Appreciation for Lucille Aurelius Mayor Rossbach acknowledged appreciation for Lucille Aurelius not only for serving on the Maplewood Heritage Preservation Commission, but also the time spent as City Clerk for the City of Maplewood and also serving on the Maplewood Society Commission. City Clerk Guilfoile further acknowledged the accomplishments Ms. Aurelius made during her time as City Clerk for the City. Mayor Rossbach moved to approve the Resolution of Appreciation for Lucille Aurelius. RESOLUTION 13-4-887 RESOLUTION OF APPRECIATION WHEREAS, Lucille Aurelius has been a member of the Maplewood Heritage Preservation Commission for eight years and seven months since her appointment to the HPC by the city council on July 26, 2004 and has served faithfully in that capacity; and WHEREAS, the Heritage Preservation Commission has appreciated her experience, insights and good judgment; and WHEREAS, Lucille Aurelius has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Lucille Aurelius has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Lucille Aurelius is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on April 8, 2013 Passed by the Maplewood Heritage Preservation Commission on March 14, 2013 Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of the Heritage Preservation Commission 2013 Goals Mayor Rossbach moved to approve the Heritage Preservation Commission 2013 Goals Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Acceptance of Grants to Attend the International Code Council Hearings Assistant City Manager Ahl gave the staff report. Packet Page Number 5 of 270 April 08, 2013 City Council Meeting Minutes 5 Mayor Rossbach moved to approve the Awarded Grants in the amount of $1,120 and $1,125 to permit staff to testify at the International Code Council Hearings in Dallas, Texas. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Approval of a Resolution for the Maplewood Heritage Award to Anne Fosburgh Mayor Rossbach read the Resolution for the 2012 Maplewood Heritage Award to Anne Fosburgh. Mayor Rossbach then read the plaque and presented Ann Fosburgh with the Maplewood Heritage Award. Councilmember Cardinal moved to approve the Resolution for the 2012 Maplewood Heritage Award to Anne Fosburgh. RESOLUTION 13-4-888 RESOLUTION FOR THE 2012 MAPLEWOOD HERITAGE AWARD TO ANNE FOSBURGH WHEREAS, Anne Fosburgh has lived in what is now the City of Maplewood since 1953, worked as a medical secretary for Dr. C. Hensel and was part owner of 20th Century Printing, worked at Gladstone Catering, Virtue printing and Annway Paper Supply; and WHEREAS, Anne Fosburgh has raised her children in the City of Maplewood and was very active in the PTP at the Gladstone School; and WHEREAS, Anne Fosburgh was appointed as an Election Judge since 1968 for the City of Maplewood; and WHEREAS, Anne Fosburgh was a charter member of the Maplewood Area Historical Society from 1997 to present and has been the official photographer and has served as membership chairperson from 1997 to present and has served faithfully in that capacity; and WHEREAS, the Heritage Preservation Commission has appreciated her experience, insights and good judgment; and WHEREAS, Anne Fosburgh has freely given of her wisdom, time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Anne Fosburgh has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Anne Fosburgh is hereby extended the Maplewood Heritage Award – The Maplewood Heritage Award is an annual award recognizing an individual who has positively influenced our City’s past or strengthened the preservation of Maplewood history. Passed by the Maplewood City Council on April 8, 2013 Passed by the Maplewood Heritage Preservation Commission on March 14, 2013 Packet Page Number 6 of 270 April 08, 2013 City Council Meeting Minutes 6 Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Adoption of Proclamation for Building Safety Month - May 2013 Mayor Rossbach moved to approve the Proclamation for May of 2013, as Building Safety Month. PROCLAMATION Building Safety Month — May, 2013 Whereas, the City of Maplewood’s continuing efforts to address the critical issues of safety, energy efficiency, and resilience in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and; Whereas, our confidence is achieved through the devotion of vigilant guardians––building safety and fire prevention officials, architects, engineers, builders, tradespeople, laborers and others in the construction industry––who work year-round to ensure the safe construction of buildings, and; Whereas, these guardians—dedicated members of the International Code Council—use a governmental consensus process that brings together local, state and federal officials with expertise in the built environment to create and implement the highest-quality codes to protect Americans in the buildings where we live, learn, work, worship, play, and; Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildfires and earthquakes, and; Whereas, Building Safety Month is sponsored by the International Code Council, to remind the public about the critical role of our communities’ largely unknown guardians of public safety––our local code officials––who assure us of safe, efficient and livable buildings, and; Whereas, “Building Safety Month: Code Officials Keep You Safe” the theme for Building Safety Month 2013, encourages all Americans to raise awareness of the importance of building safety; green and resilient building; pool, spa and hot tub safety; backyard safety; and new technologies in the construction industry. Building Safety Month 2013 encourages appropriate steps everyone can take to ensure that the places where we live, learn, work, worship and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and, Whereas, each year, in observance of Building Safety Month, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the essential service provided to all of us by local and state building departments and federal agencies in protecting lives and property. NOW, THEREFORE, I, Will Rossbach, Mayor of the City of Maplewood, do hereby proclaim the month of May 2013 as Building Safety Month. Accordingly, I encourage our citizens to join with their communities in participation in Building Safety Month activities. Packet Page Number 7 of 270 April 08, 2013 City Council Meeting Minutes 7 Adopted April 8th 2013 Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Approval of Environmental and Natural Resources 2012 Annual Report Mayor Rossbach moved to approve the Environmental and Natural Resource Commission 2012 Annual Report. Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Havencrest Final Plat, Powerline, Inc, 2292 County Road D East Senior City Planner Ekstrand answered questions of the council. Councilmember Cave moved to approve the Havencrest Final Plat, located at 2292 County Road D East, subject to the conditions which were applied to the preliminary plat approval. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of Purchase for 2013-2014 Road Salt Mayor Rossbach moved to approve the purchase of De-Icing Salt under the State Contract in an amount not to exceed $90,000. Seconded by Councilmember Koppen Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Consideration of Variances to the Wetland and Shoreland Ordinances and Pool Fence Exception Request for the Construction of a Swimming Pool, 660 Eldridge Avenue East Senior Planner Ekstrand gave the staff report and answered questions of the council. Amanda Schneider, property owner addressed and answered questions of the council. City Attorney Packet Page Number 8 of 270 April 08, 2013 City Council Meeting Minutes 8 Kantrud answered additional questions of the council. Councilmember Koppen moved to approve the Resolution Approving a Shoreland Setback Variance from Oehrline’s Lake – a Class 4 Public Water; approve the Resolution Approving a Weland Buffer Variance from the Manage B Wetland adjacent to the lake; and approve the applicant’s request for an exception from the ciity’s pool fence requirement to allow the use of a pool cover. RESOLUTION 13-4-889 SHORELAND SETBACK VARIANCE RESOLUTION WHEREAS, Amanda and Joseph Schneider applied for a variance from the shoreland protection ordinance. WHEREAS, this variance applies to property located at 660 Eldridge Avenue. The property identification number for this property is: 17-29-22-12-0059 WHEREAS, Ordinance Section 44-1242 of the Shoreland Overlay District, requires a setback of 75 feet in width adjacent to a Class 4 Public Water. WHEREAS, the applicant is proposing a setback of 29 feet, requiring a variance of 46 feet, from the Class 4 Public Water. WHEREAS, the history of this variance is as follows: 1. On March 18, 2013, the environmental and natural resources commission reviewed this variance and recommended approval. 2. On March 19, 2013, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve the variance request. 3. The city council held a public meeting on April 8, 2013, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described variances based on the following reasons: A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the shoreland setback requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. B. Approval of the requested shoreland setback variance would benefit the adjacent lake because the site will be planted with additional buffer plantings. Packet Page Number 9 of 270 April 08, 2013 City Council Meeting Minutes 9 C. Approval would meet the spirit and intent of the ordinance since the proposed swimming pool would be built in an area that is already maintained as lawn, which is also allowed by ordinance. D. The Minnesota Department of Natural Resources has reviewed the applicant’s plans and does not require a permit or have any state statutes that prevent the pool from being built. Conditions of Approval Approval of the shoreland setback variance shall be subject to complying with all of the conditions of approval in the Engineering Review report by Jon Jarosch and in Shann Finwall and Virginia Gaynor’s Environmental Review. The Maplewood City Council approved this resolution on April 8, 2013. RESOLUTION 13-4-890 WETLAND BUFFER VARIANCE RESOLUTION WHEREAS, Amanda and Joseph Schneider applied for a variance from the wetland protection ordinance. WHEREAS, this variance applies to property located at 660 Eldridge Avenue. The property identification number for this property is: 17-29-22-12-0059 WHEREAS, Ordinance Section 12-310, the Environmental Protection and Critical Area Ordinance dealing with Wetlands, requires a wetland protection buffer of 50 feet in width adjacent to Manage B wetlands next to lakes. WHEREAS, the applicant is proposing wetland protection buffers of 29 feet, requiring a variance of 21 feet, from the Manage B wetland. WHEREAS, the history of this variance is as follows: 1. On March 18, 2013, the environmental and natural resources commission reviewed this variance and recommended approval. 2. On March 19, 2013, the planning commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of the city staff. The planning commission recommended that the city council approve the variance request. 3. The city council held a public meeting on April 8, 2013, to review this proposal. The council considered the report and recommendations of the city staff and planning commission. Packet Page Number 10 of 270 April 08, 2013 City Council Meeting Minutes 10 NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described variances based on the following reasons: A. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. B. Approval of the requested wetland buffer variance would benefit the adjacent wetland because the site will be planted with additional buffer plantings. C. Approval would meet the spirit and intent of the ordinance since the proposed swimming pool would be built in an area that is already maintained as lawn, which is also allowed by ordinance. D. The Ramsey Washington Metro Watershed District has reviewed the applicant’s plans and had no concerns and does not require a permit. Conditions of Approval Approval of the wetland buffer variance shall be subject to complying with all of the conditions of approval in the Engineering Review report by Jon Jarosch and in Shann Finwall and Virginia Gaynor’s Environmental Review. The Maplewood City Council approved this resolution on April 8, 2013 Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Review of Allied Waste Services’ 2012 Annual Report and 2013 Work Plan for City- Wide Residential Trash Collection Environmental Planner Finwall gave the staff report and answered questions of the council. Rich Herstein from Allied Waste addressed and answered questions of the council. 3. Arkwright-Sunrise Area Street Improvements, City Project 12-09, Resolution Accepting Feasibility Study, Authorizing Preparation of Plans and Specifications and Calling for Public Hearing Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. Rich Wilson, Maplewood Resident addressed and asked questions of the council. Assistant City Manager Ahl gave additional information. Councilmember Juenemann moved to approve the Resolution accepting the Feasibility Report, authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing for 7:00pm, Monday, May 13, 2013 for the Arkwright-Sunrise Area Street Improvements, City Project 12-09. Packet Page Number 11 of 270 April 08, 2013 City Council Meeting Minutes 11 RESOLUTION 13-4-891 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolutions of the council adopted July 23, 2012, a report has been prepared by the City Engineering Division with reference to the improvement of Arkwright- Sunrise Area Street Improvements, City Project 12-09, and this report was received by the council on April 8, 2013, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Arkwright-Sunrise Area Street Improvements, City Project 12-09 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $4,996,000. 2. The City’s Engineer or his designee is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $4,996,000 shall be established. The proposed financing plan is as follows: FUNDING SOURCE FEASIBILITY ESTIMATE G.O. IMPROVEMENT BONDS $2,529,000 RAMSEY COUNTY (SIDEWALKS)$176,000 SANITARY SEWER FUND $279,000 I & I GRANT $39,000 ENVIRONMENTAL UTILITY FUND $460,000 SPECIAL BENEFIT ASSESSMENT $697,000 ST. PAUL WATER $480,000 W.A.C. FUND $58,000 CITY OF LITTLE CANADA $243,000 DRIVEWAY REPLACEMENT PROGRAM $35,000 TOTAL FUNDING $4,996,000 FEASIBILITY ESTIMATED PROJECT COST RECOVERY 4. A public hearing shall be held on such proposed improvement on the 13th day of May, 2013 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 8th day of April, 2013 Seconded by Councilmember Koppen Ayes – All The motion passed. Packet Page Number 12 of 270 April 08, 2013 City Council Meeting Minutes 12 4. Consideration of Community Comment Policy to Replace Listening Forum Assistant City Manager Ahl gave the staff report. Councilmember Cave moved to have Visitor Presentation added at the beginning of the agenda with the stipulation that speakers sign-up beforehand including the topic that they would be speaking on and also impose a five minute time limit. Seconded by Councilmember Cardinal Councilmember Koppen made a amendment to the motion to have Visitor Presentation at the end of the agenda. Ayes – Mayor Rossbach, Council Members Cardinal and Koppen Nays – Council Members Cave and Juenemann The motion to amend the motion passed. The Mayor called the question on the original motion. Ayes – Council Members, Cave, Cardinal and Koppen Nays – Mayor Rossbach, Council Member Juenemann The following person spoke: 1. Bob Zick 5. Adoption of Resolution Supporting Street Improvement District Legislation Public Works Director/City Engineer Thompson gave the staff report and answered questions of the council. Councilmember Koppen moved to approve the Resolution Supporting Legislation Authorizing the Establishment of Municipal Street Improvement Districts. RESOLUTION 13-4-892 SUPPORTING LEGISLATION AUTHORIZING THE ESTABLISHMENT OF MUNICIPAL STREET IMPROVEMENT DISTRICTS WHEREAS, Minnesota contains over 135,000 miles of roadway, and over 19,000 miles— or 14 percent--are owned and maintained by Minnesota’s 853 cities; and WHEREAS, 84 percent of municipal streets are ineligible for dedicated Highway User Tax Distribution Fund dollars; and WHEREAS, the more than 700 Minnesota cities with populations below 5,000 are ineligible for dedicated Highway User Tax Distribution Fund dollars; and Packet Page Number 13 of 270 April 08, 2013 City Council Meeting Minutes 13 WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes and special assessments, have limited applications, leaving cities under-equipped to address growing needs; and WHEREAS, maintenance costs increase as road systems age, and no city--large or small—is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, for every one dollar spent on maintenance, a road authority saves seven dollars in repairs; and WHEREAS, the Council of the City of Maplewood finds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while complying with existing State statutes; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for municipal street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MAPLEWOOD supports enabling legislation that would authorize cities to establish street improvement districts to fund municipal street maintenance, construction and reconstruction. ADOPTED by the Maplewood City Council this 8th day of April in 2013. Seconded by Councilmember Juenemann Ayes – Mayor Rossbach, Council Members Cardinal, Juenemann and Koppen Nays – Councilmember Cave The motion passed. K. AWARD OF BIDS 1. Authorization to Consider Receiving Quotes and Awarding Construction Contract – Police Department Expansion Phase 1A Assistant City Manager Ahl gave the staff report. Councilmember Cardinal moved to Award the Low Bid of $165,000 for Police Department Expansion Phase 1A to Weber, Inc. Seconded by Councilmember Koppen Ayes – All The motion passed. L. ADMINISTRATIVE PRESENTATIONS 1. Cancellation of Council-Manager Workshop for May 6, 2013 Councilmember Cardinal moved to cancel the Council-Manager Workshop on May 6, 2013. Packet Page Number 14 of 270 April 08, 2013 City Council Meeting Minutes 14 Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Cancellation of the May 27, 2013 City Council Meeting Due to Memorial Day Holiday Councilmember Cardinal moved to cancel the May 27, 2013 City Council Meeting and not reschedule the meeting. Seconded by Councilmember Juenemann Ayes – All The motion passed. M. COUNCIL PRESENTATIONS 1. Annual Performance Evaluation of City Manager James Antonen a. Declaration of Intent to Close Meeting (Minn. Stat. §13D.05) The Performance Evaluation of City Manager James Antonen was delayed until the April 29, 2013 City Council Meeting. 2. Organ Transplant Councilmember Juenemann informed residents that April is organ transplant month. She encouraged citizens to take the steps to become organ donors. 3. City Manager Evaluation The council discussed the annual performance evaluation for James Antonen and the process for conducting the evaluation at the April 29, 2013 council meeting. 4. Community Meeting Open House Councilmember Juenemann reminded residents that there is a Community Meeting Open House on Thursday, April 25th from 3:00 p.m. to 7:00 p.m. at the White Bear Lake Community Center located at 2460 County Road F East in White Bear Lake. 5. Spring Clean-Up Councilmember Cardinal reminded residents that the annual City-Wide Clean-Up is scheduled for Saturday, April 20th from 8:00 a.m. to 1:00 p.m. at Aldrich Arena on 1850 White Bear Avenue. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 9:50 p.m. Packet Page Number 15 of 270 Agenda Item F Agenda Report TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager DATE: April 20, 2013 SUBJECT: Presentation: Sandy Rummel, Metropolitan Council Representative INTRODUCTION/SUMMARY Sandy Rummel currently serves as the representative for the regional area covering Maplewood on the Metropolitan Council. Ms. Rummel will be present at the Presentation portion of the agenda to review current Metropolitan Council issues as they relate to Maplewood. RECOMMENDATION No Action Recommended. Packet Page Number 16 of 270 Agenda Item F2 Agenda Report TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: April 23, 2013 SUBJECT: Parks System Task Force Appointments INTRODUCTION/SUMMARY The Parks Systems Task Force is a new task force that will be charged with the development of a comprehensive master plan for the City’s parks, trails, and preserves that looks out over the next 20 years. One of Maplewood City Council’s goals for 2012 thru 2014 is to develop a comprehensive master plan for Maplewood’s parks system. The task force will be centrally involved in the creation of a Parks System Plan that will be founded on a process of resident and stakeholder engagement. The task force will include residents of the City, business representatives, commission members, staff and other stakeholders. The Council appointed 6 candidates during the April 8th meeting. Three additional candidates were interviewed during the workshop prior to this meeting. RECOMMENDATION Staff recommends the City Council approve the attached resolution to appoint candidates to the Parks System Task Force Attachments: 1. Resolution for Appointment Packet Page Number 17 of 270 Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the Parks System Task Force: - Nicole Villavicencio - Margaret Behrens - Don Christianson Packet Page Number 18 of 270 Agenda Item F3 Agenda Report TO: James W. Antonen, City Manager FROM: Charles Ahl, Assistant City Manager Sarah Burlingame, Senior Administrative Assistant DATE: April 23, 2013 SUBJECT: Commission Appointments a. Community Design Review Board b. Heritage Preservation Commission c. Human Rights Commission d. Parks & Recreation Commission e. Planning Commission INTRODUCTION/SUMMARY The City Council will be conducting interviews of candidates for the Parks Systems Task Force and various commissions. There are eight openings within the commissions. The Community Design Review Board has one opening; The Heritage Preservation Commission has three openings; The Parks & Recreation Commission has one opening; The Human Rights Commission has one opening; and the Planning Commission has 1 opening. These openings are due to terms expiring and resignations. The City has advertised and accepted applications from interested individuals. The City Council then interviewed the candidates for these commissions and filled out ballots during the Workshop prior to this meeting, which staff has tallied. RECOMMENDATION Staff recommends the City Council approve the attached resolution to appoint candidates to the commissions indicated. Community Design Review Board - ______________, term expires April 30, 2016 Heritage Preservation Commission - Richard Currie, term expires April 30, 2016 Human Rights Commission - ____________, term expires May 1, 2016 - ____________, term expires May 1, 2016 Parks & Recreation Commission - ____________, term expires April 30, 2016 Planning Commission - ____________, term expires December 31, 2015 Attachments: 1. Resolution for Appointment Packet Page Number 19 of 270 Attachment 1 RESOLUTION NO. ______ BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Community Design Review Board - ______________, term expires April 30, 2016 Heritage Preservation Commission - Richard Currie, term expires April 30, 2016 Human Rights Commission - ____________, term expires May 1, 2016 - ____________, term expires May 1, 2016 Parks & Recreation Commission - ____________, term expires April 30, 2016 Planning Commission - ____________, term expires December 31, 2015 Packet Page Number 20 of 270 Item F4 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager SUBJECT: Resolution of Appreciation for Don Christianson DATE: April 22, 2013 INTRODUCTION Don Christianson has decided not to seek re-appointment as a member of the Parks and Recreation Commission. Mr. Christianson has served the City on the PRC since January 1, 1977 and has been a valuable asset to the Commission and the City as a whole. During his 36 year tenure on the Commission Mr. Christianson has played an integral in how our Parks System was developed. Although Don will no longer be on the Commission, he has agreed to serve on the Parks System Plan Task Force and will bring a great deal of knowledge to that group. . RECOMMENDATION Accept the attached resolution of appreciation for Commissioner Christianson. Attachment 1 – Resolution of Appreciation for Don Christianson Packet Page Number 21 of 270 RESOLUTION OF APPRECIATION WHEREAS, Don Christianson has been a member of the Maplewood Parks and Recreation Commission since January 1, 1977 and has served faithfully in that capacity; and WHEREAS, Don has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, the membership of the commission has appreciated the experience, insights and good judgment Don has provided over these many years; and WHEREAS, Don has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Don Christianson is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on ___________, 2013 ____________________________________ Will Rossbach, Mayor Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 22 of 270 Item F5 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Jim Taylor, Parks Manager SUBJECT: Resolution of Appreciation for Bruce Roman DATE: April 22, 2013 INTRODUCTION Bruce Roman has decided not to seek re-appointment as a member of the Parks and Recreation Commission. Bruce has served the City on the PRC since February 27, 2006 and has been a valuable asset to the Commission and the City as a whole. During his tenure on the Commission Bruce served as Chair for several of those years. RECOMMENDATION Accept the attached resolution of appreciation for Commissioner Roman. Attachment 1 – Resolution of Appreciation for Bruce Roman Packet Page Number 23 of 270 RESOLUTION OF APPRECIATION WHEREAS, Bruce Roman has been a member of the Maplewood Parks and Recreation Commission since February 27, 2006 and has served faithfully in that capacity; and WHEREAS, Bruce has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, the membership of the commission has appreciated the experience, insights and good judgment Bruce has provided over these many years; and WHEREAS, Bruce has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Bruce Roman is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on ___________, 2013 ____________________________________ Will Rossbach, Mayor Attest: ________________________________ Karen Guilfoile, City Clerk Packet Page Number 24 of 270 S:\FINANCE\APPROVAL OF CLAIMS\2013\AprClms - 4-5 and 4-12 and 4-19.xlsx AGENDA NO.G-1 TO:City Council FROM:Finance Manager RE:APPROVAL OF CLAIMS DATE: 876,762.93$ Checks # 89653 thru # 89685 dated 04/04/13 thru 04/09/13 1,695,851.64$ Disbursements via debits to checking account dated 04/01/13 thru 04/05/13 332,458.06$ Checks # 89686 thru # 89739 dated 04/16/13 272,782.50$ Disbursements via debits to checking account dated 04/08/13 thru 04/12/13 236,919.64$ Checks # 89745 thru # 89790 dated 04/19/13 thru 04/23/13 396,644.84$ Disbursements via debits to checking account dated 04/15/13 thru 04/19/13 3,811,419.61$ Total Accounts Payable 512,800.28$ Payroll Checks and Direct Deposits dated 04/12/13 974.82$ Payroll Deduction check # 9989280 thru # 9989282 dated 04/12/13 513,775.10$ Total Payroll 4,325,194.71$ GRAND TOTAL as attachments 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. PAYROLL AGENDA REPORT April 19, 2013 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: Packet Page Number 25 of 270 Check Description Amount 89653 02464 FUNDS FOR ATMS 10,000.00 89654 05114 PROJ 12-13 PROF SRVS THRU 03/01 5,389.33 89655 00216 TIF 1-12 LEGAL WORK 12,250.00 89656 00240 APPLICANT BACKGROUND CHECKS 50.00 89657 00985 WASTEWATER - APRIL 217,290.63 89658 01202 MONTHLY/SEASON INSERT - MARCH 10,463.35 89659 04265 ZUMBA INSTRUCTION - MARCH 171.00 89660 01409 PROJ 09-09 CONSULTING SERVICES 59,638.28 01409 PROJ 09-08 CONSULTING SERVICES 1,214.79 01409 PROJ 04-21 CONSULTING SERVICES 718.74 89661 01574 PROJ 11-14 BARTELMY-MEYER PMT#10 314,111.18 89662 04845 RECYCLING FEE - MARCH 27,151.25 89663 04192 EMS BILLING - MARCH 3,804.76 89664 01190 ELECTRIC UTILITY 15,764.02 01190 ELECTRIC UTILITY 97.93 01190 ELECTRIC UTILITY 14.66 89665 04848 MONTHLY PREMIUM - APRIL 240.67 89666 04549 ZUMBA INSTRUCTION - MARCH 169.50 89667 00451 REPAIR HEATING UNIT STATION 2 779.44 89668 02567 PROJ 09-08 ACQUISITION SERVICES 169.78 89669 02929 LTC MONTHLY PREMIUM - APRIL 366.84 89670 00644 MONTHLY PREMIUM - APRIL 12,197.14 89671 00827 CLAIM DEDUCTIBLE C0017066 1,334.79 89672 03818 MONTHLY PREMIUM - APRIL 155,040.80 89673 01085 MONTHLY PREMIUM - APRIL 3,051.10 89674 02603 ESCROW RELEASE 965.57 89675 01126 MONTHLY PREMIUM - APRIL 496.00 89676 03961 WORK ON STATION 1 & 2 3,660.07 03961 WORK ON STATION 1 & 2 995.58 89677 00001 REFUND THOMPSON HP BENEFIT 40.00 89678 04272 3 YR SOFTWARE SUPPORT RENEWAL 5,241.75 89679 01409 YEARLY SRVS FEE PERMITRACK MS4 1,330.00 89680 00006 REFUND WEBER BCBS BENEFIT 160.00 89681 01511 TRAINING (LU & MARINO)200.00 89682 00198 WATER UTILITY 1,676.31 89683 01550 ELECTRICAL INSPECTIONS - MARCH 3,063.60 89684 05199 CONCERT MCC APRIL 13 2,000.00 89685 00529 LTD PLAN 4043120-2 - APRIL 3,092.98 00529 STD PLAN 4043120-1 - APRIL 2,361.09 04/09/2013 UNION SECURITY INSURANCE CO 04/09/2013 UNION SECURITY INSURANCE CO 876,762.93 33 Checks in this report. 04/09/2013 ST PAUL REGIONAL WATER SRVS 04/09/2013 SUMMIT INSPECTIONS 04/09/2013 SWANEE'S MUSIC INC. 04/09/2013 S E H 04/09/2013 SILVER SNEAKERS 04/09/2013 ST PAUL POLICE DEPT - PDI 04/09/2013 NORTH METRO ELECTRIC 04/09/2013 ONE TIME VENDOR 04/09/2013 PARAGON SOLUTIONS GROUP, INC. 04/09/2013 GARY MULCAHY 04/09/2013 NCPERS MINNESOTA 04/09/2013 NORTH METRO ELECTRIC 04/09/2013 L M C I T 04/09/2013 MEDICA 04/09/2013 MN LIFE INSURANCE 04/09/2013 EVERGREEN LAND SERVICES 04/09/2013 GLTC PREMIUM PAYMENTS 04/09/2013 HEALTHPARTNERS 04/09/2013 AVESIS 04/09/2013 JAN ALICE CAMPBELL 04/09/2013 EGAN COMPANIES INC 04/09/2013 XCEL ENERGY 04/09/2013 XCEL ENERGY 04/09/2013 XCEL ENERGY 04/09/2013 T A SCHIFSKY & SONS, INC 04/09/2013 TENNIS SANITATION LLC 04/09/2013 TRANS-MEDIC 04/09/2013 S E H 04/09/2013 S E H 04/09/2013 S E H 04/09/2013 METROPOLITAN COUNCIL 04/09/2013 NYSTROM PUBLISHING CO INC 04/09/2013 MARIA PIRELA 04/09/2013 BOLTON & MENK, INC. 04/09/2013 BRIGGS & MORGAN, P.A. 04/09/2013 C S C CREDIT SERVICES 04/04/2013 US BANK Check Register City of Maplewood 04/05/2013 Date Vendor Packet Page Number 26 of 270 Settlement Date Payee Description Amount 4/1/2013 MN State Treasurer Drivers License/Deputy Registrar 48,526.63 4/1/2013 US Bank Merchant Services Credit Card Billing fee 4,129.12 4/1/2013 US Bank Debt Service payments 1,228,325.01 4/1/2013 U.S. Treasurer Federal Payroll Tax 112,880.85 4/1/2013 P.E.R.A.P.E.R.A.93,649.19 4/2/2013 MN State Treasurer Drivers License/Deputy Registrar 44,844.37 4/2/2013 Pitney Bowes Postage 2,985.00 4/2/2013 MidAmerica - ING HRA Flex plan 14,108.07 4/2/2013 Labor Unions Union Dues 5,267.12 4/3/2013 MN State Treasurer Drivers License/Deputy Registrar 50,377.86 4/3/2013 MN State Treasurer State Payroll Tax 23,650.18 4/4/2013 MN State Treasurer Drivers License/Deputy Registrar 25,357.16 4/5/2013 MN State Treasurer Drivers License/Deputy Registrar 38,362.40 4/5/2013 MN Dept of Natural Resources DNR electronic licenses 985.00 4/5/2013 Optum Health DCRP & Flex plan payments 2,403.68 TOTAL 1,695,851.64 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 27 of 270 Check Description Amount 89686 00111 PATROL HOURS 3-25 THRU 4-7 1,400.00 89687 00241 MEMBER KEY TAGS 1,145.00 89688 01973 CAR WASHES - MARCH 88.00 89689 00526 PROJ 09-08 HWY 36/ENGLISH PMT#1 235,610.77 89690 02728 PROJ 12-14 PROF SRVS THRU 2/28 15,372.67 02728 PROJ 0908 PROF SRVS THRU 12/31/12 11,176.35 02728 PROJ 04-21 PROF SRVS THRU 12/30/12 10,804.03 02728 PROJ 11-14 PROF SRVS THRU 12/30/12 9,420.40 02728 PROJ 09-08 PROF SRVS THRU 1/31 5,470.92 02728 PROJ 04-21 PROF SRVS THRU 1/31 5,148.95 02728 PROJ 09-08 PROF SRVS THRU 2/28 4,677.25 02728 PROJ 11-14 PROF SRVS THRU 2/28 4,493.06 02728 PROJ 10-12 PROF SRVS THRU 1/31 3,089.89 02728 PROJ 12-14 PROF SRVS THRU 1/31 2,276.35 02728 PROJ 08-13 PROF SRVS THRU 1/31 1,452.20 02728 PROJ 04-21 PROF SRVS THRU 2/28 1,315.73 02728 PROJ 10-12 PROF SRVS THRU 12/30/12 1,062.65 02728 PROJ 08-13 PROF SRVS THRU 2/28 987.13 02728 PROJ 09-08 PROF SRVS THRU 11/30/12 -62,773.12 89691 00393 MONTHLY SURTAX - MARCH 16489123035 1,284.77 89692 01941 YOUTH BASKETBALL AWARDS 2,080.86 89693 01337 911 DISPATCH SERVICE - MARCH 28,851.06 01337 FLEET SUPPORT FEE - MARCH 458.64 01337 FLEET SUPPORT FEE - MARCH 414.96 89694 01546 SHIRTS FOR FLOOR HOCKEY 660.00 89695 04528 ZUMBA INSTRUCTION 230.00 89696 01190 ELECTRIC UTILITY 1,078.70 01190 ELECTRIC UTILITY 19.79 89697 03738 ATTORNEY SRVS FEES/RENT - MAY 6,625.00 89698 03744 REFS 2ND HALF VOLLEYBALL THRU 3/29 250.00 89699 04419 REFS 2ND HALF VOLLEYBALL THRU 3/29 350.00 89700 01869 REFS 2ND HALF VOLLEYBALL THRU 3/29 300.00 89701 01865 VOLLEYBALL ASSIGNMENTS THRU 3/29 672.00 89702 05196 SOCCER CLINIC INSTRUCTION 429.60 89703 00348 BOSS 9' 2" POWER - V PLOW~6,150.39 89704 03658 REIMB FOR MILEAGE 1/3 - 3/27 47.74 89705 00420 VEHICLE CLEANING & DETAILING 181.68 89706 00472 CONSULTING FEES 3/25 - 4/5 1,250.00 89707 00003 ESCROW RELEASE 3M LEADERSHIP DEV 3,439.87 89708 03725 PROJ 09-09 PUB OF AD FOR BID 114.10 89709 03988 REIMB FOR TUITION & BOOKS 512.42 89710 04846 MEDICAL SUPPLIES 573.10 89711 05055 TABLET POWER SUPPLY 830.75 89712 03538 REFS 2ND HALF VOLLEYBALL THRU 3/29 825.00 89713 01605 NEW HIRE PSYCHOLOGICAL EVAL 475.00 89714 00749 REIMB FOR WORK BOOTS 4/2 140.00 89715 05119 REFS 2ND HALF VOLLEYBALL THRU 3/29 125.00 89716 04950 REFS 2ND HALF VOLLEYBALL THRU 3/29 75.00 89717 05030 EQUIP LEASE - MCC - PMT#9 4,344.07 89718 05156 ESCROW RELEASE 379 SOPHIA 1,500.00 89719 04329 REPLACEMENT PARTS FOR PLOW #53 7,288.07 89720 04420 REFS 2ND HALF VOLLEYBALL THRU 3/29 300.00 89721 05200 INSTRUCTION FOR V-BALL CLINIC 1,350.00 89722 00001 REFUND A HUCKEODY SOCCER CLINIC 17.67 04/16/2013 MN VOLLEYBALL HEADQUARTERS 04/16/2013 ONE TIME VENDOR 04/16/2013 KETTLER CONSTRUCTION INC. 04/16/2013 LITTLE FALLS MACHINE, INC. 04/16/2013 ROBIN MCNULTY 04/16/2013 CHRISTY JOHNSON 04/16/2013 JERRY JOHNSON 04/16/2013 KANSAS STATE BANK OF MANHATTAN 04/16/2013 PATRICK JAMES HUBBARD 04/16/2013 IFP TEST SERVICES INC 04/16/2013 DAVID JAHN 04/16/2013 JODI HALWEG 04/16/2013 HEALTHEAST 04/16/2013 HEALTHEAST VEHICLE SERVICES 04/16/2013 MICHAEL A ERICSON 04/16/2013 ESCROW REFUND 04/16/2013 FINANCE AND COMMERCE, INC. 04/16/2013 CRYSTEEL TRUCK EQUIP INC 04/16/2013 CHARLES DEAVER 04/16/2013 DOWNTOWNER DETAIL CENTER 04/16/2013 DALE BOETTCHER 04/16/2013 DON BOWMAN 04/16/2013 GABRIEL H CLENDENEN 04/15/2013 CHARLES E. BETHEL 04/16/2013 ANTHONY BARILLA, JR 04/16/2013 LOUISE A. BEAMAN 04/16/2013 SARA M. R. THOMPSON 04/16/2013 XCEL ENERGY 04/16/2013 XCEL ENERGY 04/16/2013 RAMSEY COUNTY-PROP REC & REV 04/16/2013 RAMSEY COUNTY-PROP REC & REV 04/16/2013 SUBURBAN SPORTSWEAR 04/16/2013 DEPT OF LABOR & INDUSTRY 04/16/2013 PATRICK TROPHIES 04/16/2013 RAMSEY COUNTY-PROP REC & REV 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 KIMLEY-HORN & ASSOCIATES INC 04/16/2013 CSI SOFTWARE 04/16/2013 ERICKSON OIL PRODUCTS INC 04/16/2013 FOREST LAKE CONTRACTING INC Check Register City of Maplewood 04/12/2013 Date Vendor 04/16/2013 ANIMAL CONTROL SERVICES Packet Page Number 28 of 270 89723 01863 REFS 2ND HALF VOLLEYBALL THRU 3/29 750.00 89724 05153 VOICE NOTIFICATION - PAGING 774.00 89725 04019 CHARITABLE GAMBLING - FLOWER FUND 320.00 89726 01295 SAFE DEPOSIT BOX RENTAL 00424 125.00 89727 00396 TRAINING (REZNY)100.00 00396 TRAINING (FRITZE)25.00 89728 02008 SALT BRINE 41.93 89729 04054 DJ - SCHOOL DANCE AT CARVER 3/8 200.00 04054 DJ - MCC 3/29 200.00 89730 01359 CAR WASHES - MARCH 104.00 01359 CAR WASHES - FEB 84.00 89731 04432 REFS 2ND HALF VOLLEYBALL THRU 3/29 400.00 89732 02663 REFS 2ND HALF VOLLEYBALL THRU 3/29 200.00 89733 05120 REFS 2ND HALF VOLLEYBALL THRU 3/29 300.00 89734 00006 REFUND P PALLMEYER MEMBERSHIP 230.32 89735 05157 PARCEL #24 ADDITIONAL EASEMENT 350.00 89736 05201 EVENT SPEAKER 100.00 89737 01669 FORFEITED VEHICLE TOWING FEE 294.44 01669 FORFEITED VEHICLE TOWING FEE 154.97 01669 FORFEITED VEHICLE TOWING FEE 154.97 01669 FORFEITED VEHICLE TOWING FEE 149.63 01669 FORFEITED VEHICLE TOWING FEE 149.62 01669 FORFEITED VEHICLE TOWING FEE 119.70 01669 FORFEITED VEHICLE TOWING FEE 112.22 01669 FORFEITED VEHICLE TOWING FEE 106.88 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 01669 FORFEITED VEHICLE TOWING FEE 74.81 89738 04179 PROGRAM DISPLAY SIGN MCC - MARCH 325.00 89739 04577 REFS 2ND HALF VOLLEYBALL THRU 3/29 300.0004/16/2013 SANDRA JEAN WEBER 332,458.06 54 Checks in this report. 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 VISUAL IMAGE PROMOTIONS 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 KARI TAURING 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 TWIN CITIES TRANSPORT & 04/16/2013 RICH SCHELL 04/16/2013 SILVER SNEAKERS 04/16/2013 JAY & CHERYL STUTSMAN 04/16/2013 REGAL AUTO WASH BILLING 04/16/2013 EUGENE E. RICHARDSON 04/16/2013 CARL SAARION 04/16/2013 STEVEN REED 04/16/2013 STEVEN REED 04/16/2013 REGAL AUTO WASH BILLING 04/16/2013 MN DEPT OF PUBLIC SAFETY 04/16/2013 MN DEPT OF PUBLIC SAFETY 04/16/2013 RAMSEY COUNTY PUBLIC WORKS 04/16/2013 PENGUIN MANAGEMENT, INC. 04/16/2013 DICK PETERSON 04/16/2013 PREMIER BANK 04/16/2013 ROGER PACKER Packet Page Number 29 of 270 Settlement Date Payee Description Amount 4/8/2013 MN State Treasurer Drivers License/Deputy Registrar 29,952.97 4/8/2013 MN Dept of Revenue Fuel Tax (662.52) 4/9/2013 MN State Treasurer Drivers License/Deputy Registrar 60,981.40 4/10/2013 MN State Treasurer Drivers License/Deputy Registrar 35,817.39 4/11/2013 MN State Treasurer Drivers License/Deputy Registrar 34,960.11 4/12/2013 MN State Treasurer Drivers License/Deputy Registrar 35,154.03 4/12/2013 MN Dept of Natural Resources DNR electronic licenses 1,037.50 4/12/2013 US Bank VISA One Card*Purchasing card items 38,831.07 4/12/2013 Optum Health DCRP & Flex plan payments 2,893.15 4/12/2013 ICMA (Vantagepointe)Deferred Compensation 3,973.65 4/12/2013 ING - State Plan Deferred Compensation 29,843.75 TOTAL 272,782.50 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 30 of 270 Transaction Date Posting Date Merchant Name Transaction Amount Name 03/25/2013 03/26/2013 GTS EDUCATIONAL EVE $225.00 JAMES ANTONEN 03/27/2013 03/28/2013 CPS INC-DARECATALOUGE.COM $229.50 LONN BAKKE 04/04/2013 04/05/2013 PARTY CITY #768 $34.24 LONN BAKKE 03/22/2013 03/25/2013 PERFORATEDPAPERCOM $78.39 REGAN BEGGS 04/02/2013 04/04/2013 PAPER PLUS-ROS00108803 $163.35 REGAN BEGGS 03/28/2013 04/01/2013 SPRINT STORE #226 $42.84 CHAD BERGO 03/29/2013 04/01/2013 BESTBUY.COM 00009944 $232.43 CHAD BERGO 03/29/2013 04/01/2013 BESTBUYMKTPLACE $22.21 CHAD BERGO 04/01/2013 04/03/2013 WEDDINGPAGES INC $311.16 CHRISTINE BERNARDY 03/22/2013 03/25/2013 SEED SAVERS EXCHANGE INC.$17.59 OAKLEY BIESANZ 03/29/2013 04/01/2013 ACORN NATURALISTS-INTE $143.00 OAKLEY BIESANZ 03/26/2013 03/27/2013 KOHL'S #0052 $26.00 JOHN BOHL 03/27/2013 03/28/2013 JCPENNEY 2864 $50.00 JOHN BOHL 03/28/2013 04/01/2013 THE MENS WEARHOUSE #4111 $94.50 JOHN BOHL 04/01/2013 04/02/2013 JCPENNEY 2864 $25.00 JOHN BOHL 04/03/2013 04/04/2013 USPS 26833800033400730 $11.06 RON BOURQUIN 03/29/2013 04/01/2013 WAL-MART #5089 $10.71 NEIL BRENEMAN 04/03/2013 04/05/2013 WAL-MART #5089 $24.00 NEIL BRENEMAN 04/03/2013 04/05/2013 MICHAELS #2744 $51.42 NEIL BRENEMAN 03/25/2013 03/27/2013 TGI FRIDAY'S #0472 $105.52 SARAH BURLINGAME 03/27/2013 03/28/2013 SFI*PHOTOSBYSHUTTERFLY $4.06 SARAH BURLINGAME 03/30/2013 04/01/2013 CURTIS 1000 INC.$316.60 SARAH BURLINGAME 04/04/2013 04/05/2013 FIRST SHRED $79.50 SARAH BURLINGAME 03/25/2013 03/27/2013 BROWNELLS INC $122.31 DAN BUSACK 03/25/2013 03/27/2013 BROWNELLS INC $302.19 DAN BUSACK 03/25/2013 03/26/2013 CROSSBREED HOLSTERS $93.70 DANIEL BUSACK 03/26/2013 03/28/2013 SCOTTSDALE GUN CLUB $400.00 DANIEL BUSACK 04/02/2013 04/03/2013 PAYPAL *JACKSONLW $80.00 DANIEL BUSACK 03/30/2013 04/01/2013 NAPA STORE 3279016 $17.13 JOHN CAPISTRANT 04/04/2013 04/05/2013 MENARDS 3022 $141.09 JOHN CAPISTRANT 04/02/2013 04/04/2013 UNIFORMS UNLIMITED INC.$47.13 JOHN CARNES 03/22/2013 03/25/2013 VIKING ELECTRIC-CREDIT DE ($147.97)SCOTT CHRISTENSON 03/22/2013 03/25/2013 SUBURBAN SPORTSWEAR $137.14 SCOTT CHRISTENSON 03/22/2013 03/25/2013 HENRIKSEN ACE HARDWARE $47.09 SCOTT CHRISTENSON 03/25/2013 03/27/2013 THE HOME DEPOT 2801 $9.63 SCOTT CHRISTENSON 04/01/2013 04/02/2013 MINNESOTA AIR OAKDALE $112.39 SCOTT CHRISTENSON 04/01/2013 04/03/2013 THE HOME DEPOT 2801 $20.23 SCOTT CHRISTENSON 04/03/2013 04/04/2013 HOKYSWEEPERS.COM $30.73 CHARLES DEAVER 04/02/2013 04/04/2013 ORION SYSTEMS $150.00 RICHARD DOBLAR 03/22/2013 03/25/2013 WW GRAINGER $45.98 TOM DOUGLASS 03/25/2013 03/26/2013 STATE SUPPLY $608.25 TOM DOUGLASS 03/27/2013 03/28/2013 BDI*BEARING DISTRIBUTR $61.31 TOM DOUGLASS 03/27/2013 03/28/2013 WW GRAINGER $35.34 TOM DOUGLASS 03/27/2013 03/28/2013 KULLY SUPPLY $517.85 TOM DOUGLASS 03/27/2013 03/29/2013 THE HOME DEPOT 2801 $53.44 TOM DOUGLASS 03/28/2013 04/01/2013 THE HOME DEPOT 2801 $7.37 TOM DOUGLASS 03/29/2013 04/01/2013 THE HOME DEPOT 2801 $44.39 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $288.85 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $30.59 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $633.96 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $246.06 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $241.51 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $88.57 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $13.89 TOM DOUGLASS 04/03/2013 04/04/2013 NUCO2 01 OF 01 $280.56 TOM DOUGLASS 04/03/2013 04/04/2013 THERMO DYNE INC $1,489.49 TOM DOUGLASS 03/21/2013 03/25/2013 THE HOME DEPOT 2801 $12.66 MICHAEL DUGAS 03/25/2013 03/27/2013 STREICHER'S MO $71.58 MICHAEL DUGAS 03/27/2013 03/29/2013 SEARS ROEBUCK 1122 $12.84 DOUG EDGE Packet Page Number 31 of 270 03/22/2013 03/25/2013 SAFETYDEPOT COM $125.22 ANDREW ENGSTROM 03/21/2013 03/25/2013 WM EZPAY $340.00 LARRY FARR 03/23/2013 03/25/2013 THE HOME DEPOT 2801 $31.15 LARRY FARR 03/25/2013 03/26/2013 MENARDS 3022 $188.23 LARRY FARR 03/25/2013 03/27/2013 OFFICE MAX $62.95 LARRY FARR 03/25/2013 03/27/2013 THE HOME DEPOT 2810 $168.90 LARRY FARR 03/26/2013 03/27/2013 KOHL'S #0055 $169.95 LARRY FARR 03/27/2013 03/28/2013 CINTAS #470 $287.10 LARRY FARR 03/28/2013 04/01/2013 THE TRANE COMPANY $768.54 LARRY FARR 04/01/2013 04/02/2013 ELECTRO WATCHMAN INC $833.63 LARRY FARR 04/03/2013 04/04/2013 CINTAS #470 $287.10 LARRY FARR 04/04/2013 04/05/2013 CINTAS #470 $89.20 LARRY FARR 03/24/2013 03/25/2013 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 03/21/2013 03/25/2013 VERIZON WRLS M3087-01 $428.49 NICK FRANZEN 03/23/2013 03/25/2013 IDU*INSIGHT PUBLIC SEC $32.73 NICK FRANZEN 03/23/2013 03/25/2013 IDU*INSIGHT PUBLIC SEC $42.42 NICK FRANZEN 03/24/2013 03/25/2013 HP SERVICES $31.96 NICK FRANZEN 03/26/2013 03/27/2013 IDU*INSIGHT PUBLIC SEC ($268.09)NICK FRANZEN 03/27/2013 03/28/2013 MICROSOFT TECH SUPPORT $259.00 NICK FRANZEN 03/28/2013 04/01/2013 INFOGREFFE CB $8.12 NICK FRANZEN 03/28/2013 04/01/2013 MERCOEUR NUMERIQ8397117 $2,881.67 NICK FRANZEN 03/29/2013 04/03/2013 INFOGREFFE CB $8.15 NICK FRANZEN 03/31/2013 04/01/2013 INFOGREFFE CB $8.12 NICK FRANZEN 04/01/2013 04/01/2013 INFOGREFFE CB $8.12 NICK FRANZEN 04/01/2013 04/02/2013 CDW GOVERNMENT $1,078.60 NICK FRANZEN 03/30/2013 04/02/2013 UNIFORMS UNLIMITED INC.$366.74 ANTHONY GABRIEL 03/27/2013 03/28/2013 FIVE GUYS--MN # 02 $12.76 CLARENCE GERVAIS 03/29/2013 04/01/2013 HOLIDAY INNS $213.40 CLARENCE GERVAIS 03/25/2013 03/27/2013 OFFICE MAX $50.34 KAREN GUILFOILE 04/02/2013 04/03/2013 HENRIKSEN ACE HARDWARE $12.83 TAMARA HAYS 03/30/2013 04/01/2013 STREICHER'S MPLS $102.89 STEVEN HIEBERT 03/30/2013 04/02/2013 UNIFORMS UNLIMITED INC.$33.65 STEVEN HIEBERT 03/27/2013 03/28/2013 HENRIKSEN ACE HARDWARE $99.58 GARY HINNENKAMP 03/28/2013 03/29/2013 SPRINT AQUATICS $133.88 RON HORWATH 03/25/2013 03/26/2013 DALCO ENTERPRISES, INC $328.66 DAVID JAHN 04/01/2013 04/02/2013 TARGET 00011858 $27.83 DAVID JAHN 03/25/2013 03/27/2013 RED WING SHOE STORE $191.24 DON JONES 03/23/2013 03/25/2013 COMCAST CABLE COMM $248.37 DUWAYNE KONEWKO 03/25/2013 03/26/2013 SUCCESS MEDIA $29.99 DUWAYNE KONEWKO 03/25/2013 03/26/2013 MENARDS 3059 $19.92 NICHOLAS KREKELER 03/25/2013 03/26/2013 MENARDS 3059 $19.76 NICHOLAS KREKELER 03/26/2013 03/27/2013 MENARDS 3059 $5.13 NICHOLAS KREKELER 03/29/2013 04/01/2013 SAFELITE AUTOGLASS $153.98 NICHOLAS KREKELER 04/01/2013 04/02/2013 MENARDS 3059 $53.78 NICHOLAS KREKELER 03/21/2013 03/25/2013 USAIRWAYS 0372176485823 $30.00 DAVID KVAM 03/21/2013 03/25/2013 USAIRWAYS 0372307078765 $565.80 DAVID KVAM 03/30/2013 04/02/2013 RUN N FUN $105.00 DAVID KVAM 04/02/2013 04/02/2013 COMCAST CABLE COMM $67.45 DAVID KVAM 04/04/2013 04/05/2013 VAN HEUSEN #430/OUTLETS $31.02 TODD LANGNER 03/21/2013 03/25/2013 BOLER EXPRESS CAR WASH $22.00 STEVE LUKIN 03/25/2013 03/27/2013 ASPEN MILLS INC.$89.95 STEVE LUKIN 03/26/2013 03/28/2013 STREET TALK MAPLEWOOD ($15.00)STEVE LUKIN 03/26/2013 03/28/2013 STREET TALK MAPLEWOOD $30.00 STEVE LUKIN 03/28/2013 03/29/2013 EMERGENCY AUTOMOTIVE $295.25 STEVE LUKIN 04/03/2013 04/04/2013 ASPEN MILLS INC.$29.00 STEVE LUKIN 04/04/2013 04/05/2013 MENARDS 3059 $15.58 STEVE LUKIN 03/21/2013 03/25/2013 BOUND TREE MEDICAL LLC $819.02 MICHAEL MONDOR 03/22/2013 03/25/2013 HOULE S FARM, GARDEN & PE $78.00 MICHAEL MONDOR 03/28/2013 04/01/2013 BOUND TREE MEDICAL LLC $730.91 MICHAEL MONDOR 03/29/2013 04/01/2013 NATL. REGISTRY OF EMTS $20.00 MICHAEL MONDOR Packet Page Number 32 of 270 04/04/2013 04/05/2013 EVEREST EMERGENCY VEHICL $154.21 MICHAEL MONDOR 04/05/2013 04/05/2013 ULINE *SHIP SUPPLIES $632.68 MICHAEL MONDOR 03/25/2013 03/26/2013 FASTENAL COMPANY01 $62.48 JOHN NAUGHTON 04/01/2013 04/02/2013 HENRIKSEN ACE HARDWARE $3.21 JOHN NAUGHTON 04/01/2013 04/03/2013 BLUE RIBBON BAIT & TACKLE $6.41 JOHN NAUGHTON 04/02/2013 04/03/2013 HENRIKSEN ACE HARDWARE $15.90 JOHN NAUGHTON 04/01/2013 04/02/2013 HENRIKSEN ACE HARDWARE $50.92 RICHARD NORDQUIST 03/25/2013 03/27/2013 UNIFORMS UNLIMITED INC.$76.73 MICHAEL NYE 03/27/2013 03/28/2013 RADIOSHACK 00161455 $43.64 MICHAEL NYE 04/01/2013 04/03/2013 EMP MEDIA $24.99 MICHAEL NYE 04/02/2013 04/04/2013 STREICHER'S MO $319.94 MICHAEL NYE 03/28/2013 04/01/2013 OFFICE DEPOT #1090 $151.74 MARY KAY PALANK 04/03/2013 04/05/2013 OFFICE DEPOT #1090 $176.76 MARY KAY PALANK 04/03/2013 04/05/2013 OFFICE DEPOT #1079 $3.88 MARY KAY PALANK 04/01/2013 04/03/2013 THE HOME DEPOT 2801 $53.54 ROBERT PETERSON 03/22/2013 03/25/2013 PAYPAL *MEDTECH FOR $216.00 PHILIP F POWELL 03/23/2013 03/25/2013 ULINE *SHIP SUPPLIES $96.49 PHILIP F POWELL 03/25/2013 03/26/2013 ADORAMA INC $21.90 PHILIP F POWELL 04/05/2013 04/05/2013 ONLINE LABELS $65.10 PHILIP F POWELL 03/21/2013 03/25/2013 WALSER BUICK PONTIAC GMC $49.26 STEVEN PRIEM 03/22/2013 03/25/2013 OXYGEN SERVICE COMPANY,$423.14 STEVEN PRIEM 03/22/2013 03/25/2013 AUTO PLUS NO ST PAUL 392 $16.61 STEVEN PRIEM 03/22/2013 03/25/2013 SOI*SNAP-ONEQUIPMENT $447.78 STEVEN PRIEM 03/22/2013 03/25/2013 COMO LUBE & SUPPLIES $135.88 STEVEN PRIEM 03/25/2013 03/27/2013 WHEELCO BRAKE &SUPPLY $127.48 STEVEN PRIEM 03/25/2013 03/27/2013 UNLIMITED SUPPLIES INC $149.91 STEVEN PRIEM 03/25/2013 03/27/2013 CRYSTEEL TRUCK EQUIP INC $103.12 STEVEN PRIEM 03/26/2013 03/27/2013 CERTIFIED LABORATORIES $202.15 STEVEN PRIEM 03/26/2013 03/27/2013 AUTO PLUS NO ST PAUL 392 $31.03 STEVEN PRIEM 03/27/2013 03/28/2013 TOUSLEY FORD $105.41 STEVEN PRIEM 03/27/2013 03/28/2013 POLAR CHEVROLET MAZDA $591.23 STEVEN PRIEM 03/28/2013 03/29/2013 POMPS TIRE SERVICE, INC $800.57 STEVEN PRIEM 03/28/2013 03/29/2013 AUTO PLUS NO ST PAUL 392 $337.51 STEVEN PRIEM 03/28/2013 03/29/2013 AUTO PLUS NO ST PAUL 392 $13.63 STEVEN PRIEM 03/28/2013 03/29/2013 EMERGENCY AUTOMOTIVE $14.21 STEVEN PRIEM 03/29/2013 04/01/2013 BOYER TRUCK PARTS ($64.11)STEVEN PRIEM 03/29/2013 04/01/2013 BOYER TRUCK PARTS $269.46 STEVEN PRIEM 03/29/2013 04/01/2013 BOYER TRUCK PARTS $43.04 STEVEN PRIEM 03/29/2013 04/01/2013 AUTO PLUS NO ST PAUL 392 $46.97 STEVEN PRIEM 03/29/2013 04/01/2013 AUTO PLUS NO ST PAUL 392 $438.92 STEVEN PRIEM 03/29/2013 04/01/2013 MIDWEST DIESEL- USED PART $696.31 STEVEN PRIEM 03/29/2013 04/02/2013 FRONTIER INC $385.96 STEVEN PRIEM 04/01/2013 04/02/2013 AUTO PLUS NO ST PAUL 392 $7.68 STEVEN PRIEM 04/02/2013 04/03/2013 FACTORY MTR PTS #1 $280.68 STEVEN PRIEM 04/02/2013 04/03/2013 FACTORY MTR PTS #1 $84.16 STEVEN PRIEM 04/02/2013 04/03/2013 FACTORY MTR PTS #1 $168.31 STEVEN PRIEM 04/02/2013 04/03/2013 AUTO PLUS NO ST PAUL 392 $4.38 STEVEN PRIEM 04/03/2013 04/04/2013 AUTO PLUS NO ST PAUL 392 $134.90 STEVEN PRIEM 04/04/2013 04/05/2013 POLAR CHEVROLET MAZDA $257.10 STEVEN PRIEM 03/25/2013 03/26/2013 WW GRAINGER $151.26 KELLY PRINS 03/26/2013 03/28/2013 THE HOME DEPOT 2801 $42.44 KELLY PRINS 03/27/2013 03/28/2013 VIKING ELECTRIC - ST PAUL $389.56 KELLY PRINS 03/29/2013 04/01/2013 THE HOME DEPOT 2801 $39.66 KELLY PRINS 04/03/2013 04/05/2013 PARK SUPPLY OF AMERICA IN $518.71 KELLY PRINS 04/04/2013 04/05/2013 MENARDS 3059 $57.18 KELLY PRINS 03/22/2013 03/25/2013 DALCO ENTERPRISES, INC $658.42 MICHAEL REILLY 03/26/2013 03/27/2013 HILLYARD INC MINNEAPOLIS $1,707.54 MICHAEL REILLY 03/29/2013 04/01/2013 HILLYARD INC MINNEAPOLIS $42.38 MICHAEL REILLY 03/27/2013 03/28/2013 FITNESS WHOLESALE $1,202.16 LORI RESENDIZ 04/01/2013 04/03/2013 SCW FITNESS EDUCATION $270.00 LORI RESENDIZ Packet Page Number 33 of 270 03/22/2013 03/25/2013 TARGET 00006197 $71.67 AUDRA ROBBINS 03/22/2013 03/25/2013 DOLRTREE 2396 00023960 $25.71 AUDRA ROBBINS 03/23/2013 03/25/2013 CUB FOODS, INC.$77.65 AUDRA ROBBINS 04/01/2013 04/03/2013 OFFICE DEPOT #1090 $84.18 AUDRA ROBBINS 04/02/2013 04/04/2013 OFFICE MAX $56.49 AUDRA ROBBINS 04/02/2013 04/04/2013 OFFICE DEPOT #1090 $26.77 AUDRA ROBBINS 03/21/2013 03/25/2013 DELTA AIR 0062327000460 $510.80 ROBERT RUNNING 04/04/2013 04/05/2013 ABLE HOSE RUBBER LLC $58.41 ROBERT RUNNING 03/27/2013 03/28/2013 LILLIE SUBURBAN NEWSPAPE $108.00 DEB SCHMIDT 04/02/2013 04/03/2013 T-MOBILE.COM*PAYMENT $31.11 DEB SCHMIDT 04/01/2013 04/03/2013 USA MOBILITY WIRELE $26.79 SCOTT SCHULTZ 03/27/2013 03/28/2013 USPS 26834500133401316 $64.40 CAITLIN SHERRILL 03/28/2013 03/29/2013 TARGET 00011858 $17.87 CAITLIN SHERRILL 03/28/2013 03/29/2013 LAKESHORE LEARNING #41 $25.67 CAITLIN SHERRILL 03/29/2013 04/01/2013 LILLIE SUBURBAN NEWSPAPE $250.00 CAITLIN SHERRILL 04/04/2013 04/05/2013 LIVINGSOCIAL*$15.00 CAITLIN SHERRILL 03/31/2013 04/01/2013 NORTHEAST TACTICAL INC $30.54 JOSEPH STEINER 03/25/2013 03/27/2013 DGG TASER $550.00 JOANNE SVENDSEN 03/29/2013 04/01/2013 METRO SALES INC $973.76 JOANNE SVENDSEN 04/02/2013 04/03/2013 CURTIS 1000 INC.$417.73 JOANNE SVENDSEN 03/23/2013 03/25/2013 LAKES TRADING CO. INC.$24.64 BRIAN TAUZELL 03/28/2013 04/01/2013 SCHULER SHOES $114.95 PAUL THEISEN 03/21/2013 03/25/2013 UNIFORMS UNLIMITED INC.$70.01 PAUL THIENES 04/01/2013 04/03/2013 UNIFORMS UNLIMITED INC.$36.42 PAUL THIENES 03/21/2013 03/25/2013 OFFICE DEPOT #1090 $82.43 KAREN WACHAL 03/28/2013 04/01/2013 TOM S TAILORS $27.00 JAY WENZEL 03/29/2013 04/01/2013 STREICHER'S MO ($100.44)JAY WENZEL 03/29/2013 04/01/2013 STREICHER'S MO ($96.18)JAY WENZEL 03/28/2013 03/29/2013 VIRTUE PRINTING $101.85 TAMMY YOUNG $38,831.07 Packet Page Number 34 of 270 CHECK #CHECK DATE EMPLOYEE NAME 04/12/13 ALDRIDGE, MARK 3,377.12 04/12/13 BAKKE, LONN 3,219.40 04/12/13 THOMFORDE, FAITH 1,520.99 04/12/13 ABEL, CLINT 3,289.55 04/12/13 POWELL, PHILIP 2,970.49 04/12/13 SVENDSEN, JOANNE 2,131.82 04/12/13 KVAM, DAVID 4,687.84 04/12/13 PALANK, MARY 1,932.80 04/12/13 CARLE, JEANETTE 262.50 04/12/13 CORCORAN, THERESA 1,928.19 04/12/13 SCHOENECKER, LEIGH 1,671.39 04/12/13 WEAVER, KRISTINE 2,388.99 04/12/13 OSTER, ANDREA 1,935.11 04/12/13 RICHTER, CHARLENE 1,164.43 04/12/13 MECHELKE, SHERRIE 1,004.76 04/12/13 MOY, PAMELA 1,688.86 04/12/13 CORTESI, LUANNE 1,329.46 04/12/13 LARSON, MICHELLE 1,892.19 04/12/13 SCHMIDT, DEBORAH 2,920.74 04/12/13 SPANGLER, EDNA 1,238.85 04/12/13 BEGGS, REGAN 1,520.99 04/12/13 GUILFOILE, KAREN 4,609.10 04/12/13 RUEB, JOSEPH 2,801.00 04/12/13 SINDT, ANDREA 2,134.62 04/12/13 JACKSON, MARY 2,159.62 04/12/13 KELSEY, CONNIE 2,626.68 04/12/13 ANDERSON, CAROLE 1,790.69 04/12/13 DEBILZAN, JUDY 1,346.92 04/12/13 RAMEAUX, THERESE 3,099.15 04/12/13 BAUMAN, GAYLE 4,438.53 04/12/13 FARR, LARRY 3,255.27 04/12/13 JAHN, DAVID 1,887.91 04/12/13 KANTRUD, HUGH 184.62 04/12/13 CHRISTENSON, SCOTT 2,069.87 04/12/13 ANTONEN, JAMES 5,852.58 04/12/13 BURLINGAME, SARAH 2,137.30 04/12/13 STRAUTMANIS, MARIS 64.00 04/12/13 AHL, R. CHARLES 5,495.72 04/12/13 KOPPEN, MARVIN 435.16 04/12/13 ROSSBACH, WILLIAM 494.44 04/12/13 CAVE, REBECCA 435.16 04/12/13 JUENEMANN, KATHLEEN 435.16 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 04/12/13 CARDINAL, ROBERT 435.16 Packet Page Number 35 of 270 04/12/13 BAUMAN, ANDREW 2,810.01 04/12/13 BOURQUIN, RON 1,034.24 04/12/13 BAHL, DAVID 763.59 04/12/13 BASSETT, BRENT 348.45 04/12/13 XIONG, KAO 3,277.63 04/12/13 ANDERSON, BRIAN 290.88 04/12/13 TRAN, JOSEPH 3,299.44 04/12/13 WENZEL, JAY 3,427.76 04/12/13 THEISEN, PAUL 3,363.00 04/12/13 THIENES, PAUL 3,746.64 04/12/13 SZCZEPANSKI, THOMAS 3,491.46 04/12/13 TAUZELL, BRIAN 3,177.66 04/12/13 STEINER, JOSEPH 3,574.69 04/12/13 SYPNIEWSKI, WILLIAM 3,398.99 04/12/13 RHUDE, MATTHEW 3,111.03 04/12/13 SHORTREED, MICHAEL 4,141.66 04/12/13 PARKER, JAMES 2,692.43 04/12/13 REZNY, BRADLEY 4,213.55 04/12/13 NYE, MICHAEL 4,319.58 04/12/13 OLSON, JULIE 3,216.42 04/12/13 MCCARTY, GLEN 3,575.00 04/12/13 METRY, ALESIA 3,395.55 04/12/13 MARINO, JASON 3,767.80 04/12/13 MARTIN, JERROLD 3,191.87 04/12/13 LU, JOHNNIE 3,493.12 04/12/13 LYNCH, KATHERINE 2,707.10 04/12/13 LANGNER, SCOTT 3,390.18 04/12/13 LANGNER, TODD 3,302.03 04/12/13 KREKELER, NICHOLAS 895.21 04/12/13 KROLL, BRETT 3,162.14 04/12/13 KALKA, THOMAS 954.09 04/12/13 KONG, TOMMY 3,334.80 04/12/13 HIEBERT, STEVEN 3,695.81 04/12/13 JOHNSON, KEVIN 4,621.53 04/12/13 HAWKINSON JR, TIMOTHY 3,116.35 04/12/13 HER, PHENG 3,148.69 04/12/13 FRITZE, DEREK 3,282.79 04/12/13 GABRIEL, ANTHONY 3,764.30 04/12/13 FORSYTHE, MARCUS 2,789.90 04/12/13 FRASER, JOHN 3,619.24 04/12/13 DUGAS, MICHAEL 4,274.40 04/12/13 ERICKSON, VIRGINIA 3,692.77 04/12/13 DEMULLING, JOSEPH 3,371.56 04/12/13 DOBLAR, RICHARD 4,054.83 04/12/13 CARNES, JOHN 2,547.15 04/12/13 CROTTY, KERRY 3,647.20 04/12/13 BOHL, JOHN 3,637.42 04/12/13 BUSACK, DANIEL 3,564.66 04/12/13 BENJAMIN, MARKESE 3,312.11 04/12/13 BIERDEMAN, BRIAN 4,067.02 04/12/13 BARTZ, PAUL 3,549.65 04/12/13 BELDE, STANLEY 3,285.33 Packet Page Number 36 of 270 04/12/13 ZWIEG, SUSAN 1,745.88 04/12/13 KNUTSON, LOIS 2,084.19 04/12/13 GERVAIS-JR, CLARENCE 4,035.01 04/12/13 LUKIN, STEVEN 4,674.56 04/12/13 SVENDSEN, RONALD 3,714.05 04/12/13 WHITE, JOEL 145.44 04/12/13 SEDLACEK, JEFFREY 2,881.05 04/12/13 STREFF, MICHAEL 2,721.20 04/12/13 RODRIGUEZ, ROBERTO 493.89 04/12/13 SCHULTZ, JEROME 581.76 04/12/13 REYNOSO, ANGEL 509.04 04/12/13 RICE, CHRISTOPHER 806.02 04/12/13 RANK, NATHAN 930.21 04/12/13 RANK, PAUL 493.89 04/12/13 POWERS, KENNETH 345.42 04/12/13 RAINEY, JAMES 942.33 04/12/13 PETERSON, MARK 954.48 04/12/13 PETERSON, ROBERT 3,002.25 04/12/13 OPHEIM, JOHN 604.51 04/12/13 PACHECO, ALPHONSE 699.93 04/12/13 NOWICKI, PAUL 518.13 04/12/13 OLSON, JAMES 2,963.92 04/12/13 NIELSEN, KENNETH 279.28 04/12/13 NOVAK, JEROME 3,318.90 04/12/13 MONSON, PETER 106.05 04/12/13 MORGAN, JEFFERY 315.13 04/12/13 MILLER, NICHOLAS 590.85 04/12/13 MONDOR, MICHAEL 3,300.70 04/12/13 LOCHEN, MICHAEL 307.04 04/12/13 MILLER, LADD 586.82 04/12/13 KUBAT, ERIC 2,733.27 04/12/13 LINDER, TIMOTHY 2,810.92 04/12/13 KERSKA, JOSEPH 781.74 04/12/13 KONDER, RONALD 290.88 04/12/13 KANE, ROBERT 908.54 04/12/13 KARRAS, JAMIE 702.96 04/12/13 JANSEN, CHAD 203.01 04/12/13 JUREK, GREGORY 2,764.14 04/12/13 HUTCHINSON, JAMES 749.45 04/12/13 IMM, TRACY 151.50 04/12/13 HALWEG, JODI 3,777.14 04/12/13 HAWTHORNE, ROCHELLE 2,382.81 04/12/13 HAGEN, MICHAEL 654.48 04/12/13 HALE, JOSEPH 339.36 04/12/13 EVERSON, PAUL 3,413.82 04/12/13 FASULO, WALTER 525.20 04/12/13 DAWSON, RICHARD 3,627.38 04/12/13 EATON, PAUL 72.72 04/12/13 CRAWFORD - JR, RAYMOND 727.20 04/12/13 DABRUZZI, THOMAS 1,054.40 04/12/13 CAPISTRANT, JACOB 566.61 04/12/13 CAPISTRANT, JOHN 813.09 Packet Page Number 37 of 270 04/12/13 BRENEMAN, NEIL 2,296.28 04/12/13 FRANK, PETER 416.00 04/12/13 BERGER, STEPHANIE 496.38 04/12/13 BJORK, BRANDON 214.50 04/12/13 WELLENS, MOLLY 1,800.89 04/12/13 ACEITUNO, FELIPE 196.00 04/12/13 FISHER, DAVID 3,845.86 04/12/13 SWAN, DAVID 2,802.59 04/12/13 BRASH, JASON 2,544.99 04/12/13 CARVER, NICHOLAS 3,284.18 04/12/13 FINWALL, SHANN 3,274.59 04/12/13 MARTIN, MICHAEL 2,799.39 04/12/13 YOUNG, TAMELA 2,045.00 04/12/13 EKSTRAND, THOMAS 3,867.33 04/12/13 SWANSON, CHRIS 720.00 04/12/13 THOMPSON, DEBRA 771.27 04/12/13 GAYNOR, VIRGINIA 3,284.18 04/12/13 KROLL, LISA 1,936.19 04/12/13 SOUTTER, CHRISTINE 259.89 04/12/13 WACHAL, KAREN 1,129.70 04/12/13 HAYMAN, JANET 1,183.97 04/12/13 HUTCHINSON, ANN 2,682.02 04/12/13 DEAVER, CHARLES 581.06 04/12/13 GERNES, CAROLE 598.53 04/12/13 NORDQUIST, RICHARD 2,178.49 04/12/13 BIESANZ, OAKLEY 1,327.15 04/12/13 HINNENKAMP, GARY 2,344.89 04/12/13 NAUGHTON, JOHN 2,193.47 04/12/13 HAMRE, MILES 1,615.62 04/12/13 HAYS, TAMARA 1,636.19 04/12/13 JANASZAK, MEGHAN 1,593.79 04/12/13 KONEWKO, DUWAYNE 4,667.89 04/12/13 THOMPSON, MICHAEL 4,514.71 04/12/13 ZIEMAN, SCOTT 165.00 04/12/13 LINDBLOM, RANDAL 2,776.80 04/12/13 LOVE, STEVEN 3,629.51 04/12/13 JAROSCH, JONATHAN 3,084.87 04/12/13 KREGER, JASON 2,361.65 04/12/13 DUCHARME, JOHN 2,776.80 04/12/13 ENGSTROM, ANDREW 2,666.59 04/12/13 TEVLIN, TODD 2,200.19 04/12/13 BURLINGAME, NATHAN 2,108.00 04/12/13 RUIZ, RICARDO 1,636.19 04/12/13 RUNNING, ROBERT 2,391.59 04/12/13 NAGEL, BRYAN 3,595.60 04/12/13 OSWALD, ERICK 2,388.07 04/12/13 JONES, DONALD 2,192.19 04/12/13 MEISSNER, BRENT 2,035.39 04/12/13 DEBILZAN, THOMAS 2,176.19 04/12/13 EDGE, DOUGLAS 2,177.80 04/12/13 BRINK, TROY 2,693.89 04/12/13 BUCKLEY, BRENT 2,134.59 Packet Page Number 38 of 270 04/12/13 HEINRICH, SHEILA 359.00 04/12/13 HOLMBERG, LADONNA 392.00 04/12/13 HAGSTROM, EMILY 30.15 04/12/13 HANSEN, HANNAH 164.30 04/12/13 GRAY, MEGAN 193.40 04/12/13 GRUENHAGEN, LINDA 279.40 04/12/13 FRAMPTON, SAMANTHA 54.00 04/12/13 GIEL, NICOLE 44.00 04/12/13 FONTAINE, KIM 569.56 04/12/13 FOX, KELLY 60.00 04/12/13 ERICKSON-CLARK, CAROL 98.00 04/12/13 FLORES, LUIS 146.00 04/12/13 DUNN, RYAN 1,090.40 04/12/13 EHLE, DANIEL 93.21 04/12/13 DEMPSEY, BETH 265.13 04/12/13 DRECHSEL, SARAH 52.88 04/12/13 CLARK, PAMELA 105.50 04/12/13 CRANDALL, KRISTA 457.00 04/12/13 BUCKLEY, BRITTANY 233.80 04/12/13 BUTLER, ANGELA 57.00 04/12/13 BAUDE, SARAH 103.25 04/12/13 BRUSOE, CRISTINA 23.40 04/12/13 ANDERSON, JOSHUA 443.25 04/12/13 BAETZOLD, SETH 47.13 04/12/13 AICHELE, MEGAN 287.63 04/12/13 ANDERSON, ALYSSA 16.19 04/12/13 VANG, TIM 563.00 04/12/13 VUE, LOR PAO 415.53 04/12/13 KULHANEK-DIONNE, ANN 438.50 04/12/13 PELOQUIN, PENNYE 661.93 04/12/13 HOFMEISTER, TIMOTHY 454.52 04/12/13 KELLEY, CAITLIN 1,006.53 04/12/13 HER, PETER 141.18 04/12/13 HOFMEISTER, MARY 1,121.90 04/12/13 EVANS, CHRISTINE 1,598.97 04/12/13 GLASS, JEAN 2,151.74 04/12/13 BERNARDY, CHRISTINE 2,479.65 04/12/13 CRAWFORD - JR, RAYMOND 322.46 04/12/13 WILBER, JEFFREY 1,564.19 04/12/13 AKEY, SHELLEY 25.52 04/12/13 ORE, JORDAN 1,651.01 04/12/13 SCHULTZ, SCOTT 3,384.95 04/12/13 ADAMS, DAVID 1,965.43 04/12/13 HAAG, MARK 2,813.62 04/12/13 TAYLOR, JAMES 2,912.48 04/12/13 VUKICH, CANDACE 420.00 04/12/13 SCHALLER, TYLER 32.00 04/12/13 SHERWOOD, CHRISTIAN 478.50 04/12/13 ROBBINS, CAMDEN 301.50 04/12/13 SCHALLER, SCOTT 53.75 04/12/13 LARSON, KATELYN 77.00 04/12/13 ROBBINS, AUDRA 3,209.84 Packet Page Number 39 of 270 04/12/13 BERGO, CHAD 2,655.20 04/12/13 FOWLDS, MYCHAL 4,072.29 04/12/13 PRIEM, STEVEN 2,463.84 04/12/13 WOEHRLE, MATTHEW 2,347.15 04/12/13 THOMPSON, BENJAMIN 425.00 04/12/13 AICHELE, CRAIG 2,231.39 04/12/13 REILLY, MICHAEL 2,266.55 04/12/13 SINDT, DARIEN 187.00 04/12/13 MALONEY, SHAUNA 484.26 04/12/13 PRINS, KELLY 1,848.54 04/12/13 DYER, KATELYN 59.50 04/12/13 MAIDMENT, COLIN 289.00 04/12/13 CRAWFORD, SHAWN 480.00 04/12/13 DOUGLASS, TOM 1,983.23 04/12/13 LANGER, KAYLYN 72.25 04/12/13 BORCHERT, JONATHAN 93.50 04/12/13 HITE, ANDREA 40.00 04/12/13 LANGER, CHELSEA 57.38 04/12/13 WHITE, DANICA 18.70 04/12/13 BOSLEY, CAROL 182.00 04/12/13 WARNER, CAROLYN 105.60 04/12/13 WEINHAGEN, SHELBY 312.25 04/12/13 TUPY, MARCUS 237.50 04/12/13 VANG, XANG 92.00 04/12/13 TRUE, ANDREW 123.75 04/12/13 TUPY, HEIDE 137.40 04/12/13 TAYLOR, MYLES 25.73 04/12/13 TREPANIER, TODD 286.00 04/12/13 SMITH, CASEY 207.95 04/12/13 SMITLEY, SHARON 459.73 04/12/13 SCHREINER, MARK 25.55 04/12/13 SMITH, ANN 142.10 04/12/13 SCHMIDT, EMILY 27.63 04/12/13 SCHREIER, ROSEMARIE 452.50 04/12/13 RESENDIZ, LORI 2,285.54 04/12/13 RICHTER, DANIEL 144.30 04/12/13 PROESCH, ANDY 579.67 04/12/13 RANEY, COURTNEY 900.00 04/12/13 NORTHOUSE, KATHERINE 126.60 04/12/13 PIEPER, THEODORE 72.00 04/12/13 NELSON, ELEONOR 6.00 04/12/13 NITZ, CARA 221.00 04/12/13 MCCOMAS, LEAH 101.50 04/12/13 NADEAU, TAYLOR 133.45 04/12/13 LAMSON, ELIANA 42.00 04/12/13 MCCANN, NATALIE 76.00 04/12/13 LAMEYER, BRENT 47.13 04/12/13 LAMEYER, ZACHARY 37.21 04/12/13 KOHLER, ROCHELLE 54.00 04/12/13 KOZDROJ, GABRIELLA 50.00 04/12/13 HORWATH, RONALD 2,772.88 04/12/13 JOHNSON, BARBARA 532.13 Packet Page Number 40 of 270 9989273 9989274 9989275 9989276 9989277 9989278 9989279 513,800.28 04/12/13 SPEARS, SHYTIANA 121.13 04/12/13 STEFFEN, MICHAEL 102.00 04/12/13 RANGEL, SAMANTHA 56.00 04/12/13 CUSICK, JESSICA 293.25 04/12/13 SCHREIER, ABIGAIL 102.36 04/12/13 WALES, ABIGAIL 288.42 04/12/13 FRANZEN, NICHOLAS 2,656.42 04/12/13 ERICSON, RACHEL 23.25 Packet Page Number 41 of 270 Check Description Amount 89745 02464 FUNDS FOR ATMS 10,000.00 89746 04944 SUBWAY ORDERS - MARCH 871.57 89747 01202 MAPLEWOOD MONTHLY - APRIL 7,340.10 89748 01463 MCC MASSAGES - MARCH 16-31 754.00 01463 MCC MASSAGES - MARCH 1-15 601.00 89749 01497 3M TIF WORK 14,324.29 89750 02274 SPRINT SRVS 02/15 - 03/14 7,547.13 89751 01190 ELECTRIC & GAS UTILITY 7,222.78 01190 ELECTRIC & GAS UTILITY 6,359.91 01190 ELECTRIC & GAS UTILITY 2,426.24 01190 ELECTRIC & GAS UTILITY 429.78 01190 FIRE SIRENS 56.78 89752 01798 CONTRACT DIESEL - APRIL 9,641.10 89753 05198 NEW SOUND SYS & MICROPHONE MCC 6,687.48 89754 02624 TREATED ROAD SALT~3,853.54 89755 00285 DEODERIZER & BUG/INSECT SPRAY 447.18 89756 05187 BUSINESS & ACHIEVEMENT AWARDS 35.00 89757 03725 POSTING FOR PDEP BID PHASE 2 115.51 89758 05055 VEHICLE SET-UP & REPAIR 7,231.10 05055 VEHICLE REPAIR 2,509.98 05055 VEHICLE REPAIR 475.55 05055 VEHICLE REPAIR 55.73 05055 VEHICLE REPAIR 41.97 89759 04152 POOL RENTAL WATER TRAINING 40.00 89760 02336 FITNESS CONSULTANT SRVS 1ST QTR 1,100.00 89761 04790 COSTUME FEES 1,260.00 89762 00993 SCANNING OF HOUSE FILES CYCLE 3 4,051.85 00993 SCANNING OF EASEMENT FILES 215.98 89763 00001 REFUND C AREVALO TRANS MEDIC 1,059.11 89764 00001 REFUND SIGMUNDIK OVERCHG EUF FEE 840.84 89765 00001 REFUND J BLAKSTAD TRANS MEDIC 622.00 89766 00001 REFUND A BROWN TRANS MEDIC 441.00 89767 00001 REFUND V HARMAN TRANS MEDIC 65.00 89768 00001 REFUND Z SMITH B-PARTY B CASTLE 53.57 89769 00001 REFUND J TRAD THEATER-MATINEE 47.00 89770 00001 REFUND J LANG FLOOR HOCKEY 27.00 89771 00001 REFUND S KOPP TEA ENROLLMENT 18.00 89772 00001 REFUND D FLEMING SR TRANS MEDIC 5.55 89773 04581 SUBSCRIPTION FOR LETS 2,395.00 89774 01270 DF80 MAINT AGREEMENT 150.00 89775 04964 ACUPUNCTURE SESSIONS FEB/MARCH 750.00 89776 01302 TOOL ALLOWANCE UNION CONTRACT 450.00 89777 00396 SRVS (CJDN) PROVIDED TO PD-1ST QTR 1,920.00 89778 01341 ANNUAL BANQUET 64.00 89779 04201 MAINTENANCE ON CITY'S SIRENS 4,876.00 89780 02001 PHONE SERVICE - APRIL 1,436.20 89781 01387 ADMIN FEE FOR STRESS TEST - APRIL 100.00 89782 04934 TRAINING (ALDRIDGE)315.00 89783 04256 MICROSOFT SOFTWARE ASSURANCE 3,222.02 89784 01836 SRVS (RMS) PROVIDED TO PD - MARCH 5,196.09 01836 SRVS (RMS) PROVIDED TO PD - APRIL 5,196.09 01836 ASPHALT MATERIALS - MARCH 1,655.28 01836 ELECTION ENVELOPES & INSTRUCTIONS 1,552.19 89784 01836 RADIO SHOP SERVICES - MARCH 65.00 89785 03826 REPLACEMENT LIGHT POLES 9,099.00 89786 03598 REIMB FOR REGISTRATION & LUNCH 33.14 89787 01683 TASERS & HOLSTERS 60,545.94 89788 01730 PROJ 11-19 PUMP FOR FLOOD STUDY 33,044.68 89789 01876 FACILITATION FEE COUNCIL RETREAT 5,880.00 89790 01807 REIMB FOR KITCHEN SUPPLIES STA 2 99.39 46 236,919.64 04/23/2013 WHAT WORKS INC 04/23/2013 SUSAN ZWIEG Checks in this report. 04/23/2013 PAUL THEISEN 04/23/2013 UNIFORMS UNLIMITED INC 04/23/2013 W W GOETSCH ASSOCIATES, INC. 04/23/2013 ST PAUL, CITY OF 04/23/2013 ST PAUL, CITY OF 04/23/2013 STERNBERG LIGHTING, INC 04/23/2013 ST PAUL, CITY OF 04/23/2013 ST PAUL, CITY OF 04/23/2013 ST PAUL, CITY OF 04/23/2013 DR. JAMES ROSSINI 04/23/2013 SAFARILAND, LLC 04/23/2013 SHI INTERNATIONAL CORP 04/23/2013 RAMSEY CO FIRE CHIEFS ASSN 04/23/2013 READY WATT 04/23/2013 CITY OF ROSEVILLE 04/23/2013 POINTS TO HEALTH LLC 04/23/2013 STEVEN PRIEM 04/23/2013 MN DEPT OF PUBLIC SAFETY 04/23/2013 ONE TIME VENDOR 04/23/2013 ORION SYSTEMS/NETWORKS 04/23/2013 PITNEY BOWES INC 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 ONE TIME VENDOR 04/23/2013 MAYER ARTS, INC. 04/23/2013 MID-AMERICA BUSINESS SYSTEMS 04/23/2013 MID-AMERICA BUSINESS SYSTEMS 04/23/2013 HEALTHEAST VEHICLE SERVICES 04/23/2013 ISD 622 COMMUNITY EDUCATION 04/23/2013 M A TAYLOR INC 04/23/2013 HEALTHEAST VEHICLE SERVICES 04/23/2013 HEALTHEAST VEHICLE SERVICES 04/23/2013 HEALTHEAST VEHICLE SERVICES 04/23/2013 WHITE BEAR AREA CHAMBER OF COMMERCE 04/23/2013 FINANCE AND COMMERCE, INC. 04/23/2013 HEALTHEAST VEHICLE SERVICES 04/23/2013 ACCELERATED TECHNOLOGIES, LLC 04/23/2013 CARGILL INCORPORATED 04/23/2013 CERTIFIED LABORATORIES 04/23/2013 XCEL ENERGY 04/23/2013 XCEL ENERGY 04/23/2013 YOCUM OIL CO. 04/23/2013 XCEL ENERGY 04/23/2013 XCEL ENERGY 04/23/2013 XCEL ENERGY 04/23/2013 SISTER ROSALIND GEFRE 04/23/2013 SPRINGSTED INC 04/23/2013 SPRINT 04/23/2013 HILLCREST VENTURES LLC 04/23/2013 NYSTROM PUBLISHING CO INC 04/23/2013 SISTER ROSALIND GEFRE Check Register City of Maplewood 04/19/2013 Date Vendor 04/19/2013 US BANK Packet Page Number 42 of 270 Settlement Date Payee Description Amount 4/15/2013 MN State Treasurer Drivers License/Deputy Registrar 25,491.26 4/15/2013 VANCO Billing fee 233.25 4/15/2013 U.S. Treasurer Federal Payroll Tax 100,020.72 4/15/2013 P.E.R.A.P.E.R.A.89,671.32 4/16/2013 MN State Treasurer Drivers License/Deputy Registrar 44,675.26 4/16/2013 MN Dept of Revenue MN Care Tax 7,050.00 4/16/2013 MidAmerica - ING HRA Flex plan 14,136.91 4/16/2013 Labor Unions Union Dues 2,021.35 4/17/2013 MN State Treasurer Drivers License/Deputy Registrar 27,017.25 4/17/2013 MN State Treasurer State Payroll Tax 20,848.24 4/18/2013 MN State Treasurer Drivers License/Deputy Registrar 21,224.65 4/19/2013 MN State Treasurer Drivers License/Deputy Registrar 30,201.29 4/19/2013 MN Dept of Revenue Sales Tax 10,570.00 4/19/2013 Optum Health DCRP & Flex plan payments 2,624.84 4/19/2013 MN Dept of Natural Resources DNR electronic licenses 858.50 TOTAL 396,644.84 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Packet Page Number 43 of 270 Agenda Item G2 AGENDA REPORT TO: James Antonen, City Manager FROM: Mychal Fowlds, IT Director SUBJECT: Approval of Resolution Directing Modification of Existing Construction Contract, Change Order with Derau Construction, Police Department Expansion Project – Phase 1 DATE: April 22, 2013 INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the Police Department Expansion Project – Phase 1. BACKGROUND On December 10, 2012, the Council awarded Derau Construction a construction contract for the build out of offices and modification of existing areas in 1902 County Road B East in the amount of $213,300. There has been one change order to the contract to date in the amount of $28,561. The bulk of which was due to moving Parks & Recreation to 1902. DISCUSSION The modifications consist primarily of small changes due to items found during the demolition of existing areas along with a few small items that were not included in the initial contract. These modifications result in an increase to the overall construction contract. Additional Solid Surface Countertop (Addition) The location of some structural bolts required that we make some custom pieces of solid surface countertop to match the rest of the window sills. Door Hardware Change (Reduction) This change involves the addition of some door hardware to doors that were not originally accounted for and the removal of a motorized door that we are no longer required to install. The net amount is a small reduction. Additional Demolition (Addition) A portion of the new conference room needed to be removed in order to account for the updated cabinets. Conference Room Cabinet Change (Addition) The cabinets in the conference room were too high to meet code. The cabinets have been remade and Packet Page Number 44 of 270 Agenda Item G2 reinstalled. The original cabinets will be reused for storage at 1902. Install Additional Wall (Addition) Due to Parks & Recreation moving to 1902, an additional wall needed to be relocated. This change order addresses that need. Install Additional Ceiling Grid (Addition) A door was removed in the main hallway of 1902 to ease access to the new Parks & Recreation area. The ceiling grid and tiles were not included in the original bid. New Flooring In Vestibule (Addition) In order to match the new tile in the lobby new tile will be installed in the vestibule as well. This was not included in the original bid The change order costs are summarized below: Change Order #2 Amount 1 Additional Solid Surface Countertop $ 2,897.00 2 Door Hardware Changes $ (65.00) 3 Additional Demolition $ 568.00 4 Conference Room Cabinet Change $ 4,544.00 5 Install Additional Wall $ 2,011.00 6 Install Additional Ceiling Grid $ 361.00 7 New Flooring In Vestibule $ 385.00 Total Change Order No. 2 $ 10,701.00 BUDGET Approval of Change Order No. 2 will increase the project construction contract amount by $10,701.00 from $241,861 to $252,562. No adjustments to the approved budget are needed at this time. RECOMMENDATION Staff recommends that the council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the Police Department Expansion Project – Phase 1. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 2. Change Order Form Packet Page Number 45 of 270 Agenda Item G2 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT POLICE DEPARTMENT EXPANSION PROJECT - PHASE 1, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Police Department Expansion Project – Phase 1, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Police Department Expansion Project – Phase 1, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Mayor is hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $10,701.00. The revised contract amount is $252,562.00. Adopted by the Maplewood City Council on this 29th day of April 2013. Packet Page Number 46 of 270 Agenda Item G2 CHANGE ORDER CITY OF MAPLEWOOD PROJECT NAME: Police Department Expansion Project - Phase 1 CONTRACTOR: Derau Construction CHANGE ORDER NO.: Two (2) DATE: April 22, 2013 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #2 – CHANGE ORDER NO. 2 Item No. Item Description Amount 1 Additional Solid Surface Countertop $ 2,897.00 2 Door Hardware Changes $ (65.00) 3 Additional Demolition $ 568.00 4 Conference Room Cabinet Change $ 4,544.00 5 Install Additional Wall $ 2,011.00 6 Install Additional Ceiling Grid $ 361.00 7 New Flooring In Vestibule $ 385.00 TOTAL SCHEDULE CO #2 $10,701.00 TOTAL NET CHANGE ORDER NO. 2 $10,701.00 CONTRACT STATUS: Original Contract: $213,300.00 Net Change of Prior Change: $28,561.00 Change this Change Order: $10,701.00 Revised Contract: $252,562.00 Recommended By: SEH, Inc. By: Date: Agreed to By: Derau Construction By: Date: Approved By: City of Maplewood By: Date: Packet Page Number 47 of 270 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Conditional Use Permit Review – Bruentrup Heritage Farm LOCATION: 2170 County Road D DATE: April 23, 2013 INTRODUCTION The Bruentrup farm buildings were relocated from White Bear Avenue to a 2.36 acre site within the Prairie Farm Neighborhood Preserve in 1999. On June 14, 1999, the city council approved a conditional use permit (CUP) to the Maplewood Area Historical Society (MAHS) to operate the farm on the site as a historical, educational, and interpretive center. Since that time MAHS has leased the land from the city for this purpose. In order to create a sustainable cash flow for farm expenses and other society projects, the MAHS requested an amendment to their CUP in order to sublease the Bruentrup Heritage Farm (BHF) site for large non-historical events, such as weddings. On July 27, 2009, the city council approved the amendment on the condition that MAHS limit the number of people to 290 and the number of events to six per year with a maximum of 290 people per event. BACKGROUND February 8, 1999, the city council approved the relocation of the Bruentrup farm buildings to the Prairie Farm Preserve. June 14, 1999, the city council approved a CUP for a “public facility” to be located within the Prairie Farm Preserve and a parking waiver for the reduction in the required number of parking spaces for such a use. December 13, 1999, the city council approved a 99-year lease agreement which allows the MAHS to lease the land and buildings for interpretive and educational purposes. The lease was never formally signed by the MAHS. July 8, 2002, the city council approved a CUP revision to allow the construction of a parking lot on the west side of the site, within the city’s open space. December 1, 2008, the city council held a workshop to discuss issues associated with MAHS including the lease, proposed fund-raising events, CUP amendment, parking, insurance, etc. April 13, 2009, the city council approved a lease agreement with the Maplewood Area Historical Society. This lease allows the society the use of the Bruentrup Heritage Farm site and buildings located at 2170 County Road D. July 27, 2009, the city council approved the amendment to the CUP allowing MAHS to hold a maximum of six private events a year with a maximum of 290 people per event. Agenda Item G3 Packet Page Number 48 of 270 2 February 22, 2010, the city council reviewed the CUP and approved it for another year. The city council also approved the use of a state licensed caterer to provide alcohol for large events at the BHF. February 28, 2011, the city council reviewed the CUP and approved it for another year. April 23, 2012, the city council reviewed the CUP and agreed to review it again in one year. DISCUSSION The CUP allows the society to host up to six large non-historical fundraising events a year on the site. Examples of events would be weddings or graduation parties. The events would be held during the months of May through October. The hours would be limited from 10 a.m. to 10 p.m. The society did hold non-historical fundraising events in 2012 and staff is not aware of any issues or concerns resulting from these private events. All conditions of approval for the CUP at the BHF are being met and staff is recommending approval of the CUP with the city council reviewing it again in one year. Gazebo and Milk House In January of 2013 the city approved plans to build a gazebo on site and to finish the interior of the milk house on site. These two projects do not impact or conflict with the CUP’s conditions of approval. The MAHS has indicated it intends to apply for a CUP amendment later this year, in order to propose a new overflow turf parking lot. RECOMMENDATIONS Approve the Maplewood Area Historical Society’s conditional use permit. This permit should be reviewed again in one year or sooner if a major change is proposed for the site. P:\sec2N\Bruentrup\Bruentrup Farm CUP_042913 Attachments: 1. July 27, 2009, Bruentrup Heritage Farm Conditional Use Permit Resolution 2. Bruentrup Heritage Farm Premise Survey Packet Page Number 49 of 270 July 27, 2009 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 27, 2009 Council Chambers, City Hall Meeting No. 15-09 L. NEW BUSINESS 1. Approval Of Bruentrup Heritage Farm Conditional Use Permit Amendment To Allow a. Environmental Planner, Shann Finwall gave the report. b. Parks & Community Development Director, DuWayne Konewko answered questions of the council. c. City Clerk, Citizens Services Director, Karen Guilfoile answered questions of the council. d. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Robert Overby, representing the Historical Society. 2. Gary Pearson, Planning Commission member. 3. Richard Currie, Historic Preservation Commission Vice Chairperson 4. Mark Bradley, 2164 Woodlyn Avenue, Maplewood. 5. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Vice President of the Historical Society. 6. Mark Jenkins, 830 New Century Boulevard South, Maplewood. Councilmember Rossbach moved to approve the resolution amending the Maplewood Area Historical Society’s Conditional Use Permit for the use of the Bruentrup Heritage Farm Site (2170 County Road D) Striking condition number 12. RESOLUTION 09-07-224 Maplewood Area Historical Society Conditional Use Permit Amendment for the Bruentrup Heritage Farm WHEREAS, the Maplewood Area Historical Society was granted a Conditional Use Permit on June 14, 1999, and July 28, 2002 for the society to operate a public facility on the Bruentrup Heritage Farm at 2170 County Road D. Bruentrup Heritage Farm is further described as a 2.36 acre site within the Maplewood Prairie Farm Neighborhood Preserve as defined in the April 6, 2009, lease boundary completed by the City of Maplewood Department of Public Works. WHEREAS, the Maplewood Area Historical Society has submitted a proposal to amend their conditional use permit to allow for the subleasing of the Bruentrup Heritage Farm for non-historical fundraising events. WHEREAS, on May 19, 2009, the planning commission held a public hearing to review the conditional use permit revision. After due published notice in the legal newspaper and notice of said hearing was mailed to surrounding property owners, and after considering all testimony from every person or persons wishing to speak or those who wished to submit written statements, and after considering reports and recommendations from city staff the planning commission tabled the item for review by the city’s historical preservation commission. Attachment 1 Packet Page Number 50 of 270 July 27, 2009 City Council Meeting Minutes 2 WHEREAS, on May 21, 2009, the historical preservation commission reviewed the conditional use permit revision and recommended approval of the Maplewood Area Historical Commission’s fundraising proposal. WHEREAS, on July 7, 2009, the planning commission reviewed the historical preservation commission’s recommendations and the conditional use permit amendment and recommended approval of the fundraising proposal, on the condition that all parking for these events be accommodated on site. WHEREAS, on July 27, 2009, the city council reviewed the planning commission and historical preservation commission’s recommendation and the conditional use permit amendment. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL approves the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s 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 area 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, smoking, dust, odor, fumes, water or air pollution, drainage, water runoff, 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 and design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions to the original 1999 and 2002 conditional use permits are underlined if added and stricken if deleted): 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before the city issues a building permit, the city engineer shall complete the necessary grading, drainage, utility and erosion control plans. 3. The applicant or contractor shall complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction. b. Install reflectorized stop signs at all exits, a handicap-parking sign for each handicap- parking space and an address on the building. Attachment 1 Packet Page Number 51 of 270 July 27, 2009 City Council Meeting Minutes 3 c. Construct a trash dumpster enclosure for any outside trash containers. The enclosures must be 100 percent opaque, match the color of the buildings and have a closeable gate that extends to the ground. If the trash container is not visible to the public it does not have to be screened. d. Install site-security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so the light source in not visible and so it does not cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if the city determines that the work is not essential to the public health, safety or welfare. 5. All work shall follow the approved plans. The director of community development may approve minor changes. New Conditions Which Apply to All Uses at the Bruentrup Heritage Farm: 6. Update the January 2008 Bruentrup Heritage Farm Master Plan to include correct site size, site conditions, parking references, and purpose and intent of uses including any large non-historical fundraising events. 7. When the parking lot located east of the site cannot accommodate parking for an event (i.e., events where there are more than 84 people based on 4 people per vehicle in the 21 space parking lot located to the east of the site) the society must supply off-site parking to accommodate the events. 8. Off-site parking at Salvation Army (78 parking spaces at 2080 Woodlyn Avenue): a. The society must supply the city with a signed parking agreement between the society and the owners of the Salvation Army for the use of the parking lot. b. Transportation of guests in a wagon pulled by a tractor to and from the Salvation Army parking lot (Woodlyn Avenue) on a trail through the Prairie Farm Neighborhood Preserve is only allowed during daytime hours. c. The society must ensure safe pedestrian crossing at the intersection of Woodlyn Avenue and Ariel Street for visitors parking in the Salvation Army parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 9. Off-site parking at Harbor Pointe (278 parking spaces at 2079 to 2127 County Road D): a. The society must supply the city with a signed parking agreement between the society and the owners of Harbor Pointe which allows the use of this parking lot. b. The society must ensure safe pedestrian crossing at the intersection of County Road D and Ariel Street for visitors parking in the Harbor Pointe parking lot. Safe pedestrian crossing can involve temporary signs or crossing guards. 10. Any large scale music proposed for any event on the site (such as DJs and bands) should be limited to inside the barn. 11. Use of the farm must comply with the city’s noise ordinance which requires that no disturbing noises be generated before 7 a.m. and after 7 p.m. Attachment 1 Packet Page Number 52 of 270 July 27, 2009 City Council Meeting Minutes 4 12. In exchange for occasional use of the Bruentrup Heritage Farm site by the city, the city will allow the society the use of the Community Center at no charge for their annual fundraising Halloween Hoe Down. 13. The society will work with Maplewood city staff to coordinate the management of the oak savanna located west of the entry drive within the Bruentrup Heritage Farm site with the intent of continuing to manage that portion of the site as oak savanna. 14. The barn must be posted with a maximum occupancy of 290 people. New Conditions Which Apply to the Subleasing of the Site by the Society for Large Non-Historical Fundraising Events: 15. Subleased large non-historical fundraising events are allowed six times per year. 16. Subleased large non-historical fundraising events are allowed from 10 a.m. to 10 p.m. 17. Parking for subleased large non-historical fundraising events in which alcohol will be served is limited to the parking lot on the east side of the site and the Harbor Pointe parking lot located about a block west of the site on the north side of County Road D. 18. Maximum number of occupants allowed on site for large non-historical fundraising events in which alcohol will be served is limited to 290 people. 19. Appropriate liquor licenses must be obtained prior to serving alcohol on the site. 20. The society must obtain the appropriate liability coverage for large non-historical fundraising events which holds the city harmless. 21. A rental agreement must be approved by the city which dictates hours of use, maximum number of people, location of parking, etc. Seconded by Mayor Longrie. Ayes – All Councilmember Hjelle made a friendly amendment to remove the Halloween Hoe-Down from the discussion and address it separately. Mayor Longrie accepted the friendly amendment regarding condition number 12.of the resolution be removed which stated In exchange for occasional use of the Bruentrup Heritage Farm Site by the city, the city will allow the society the use of the Community Center at no charge for their annual fundraising Halloween Hoe Down. The friendly amendment was accepted by the motioners. The motion passed. Mayor Longrie moved that the staff review and bring back to the council options for memoralizing that agreement including the idea that it may include an amendment to the current lease between the parties involved. Seconded by Councilmember Nephew. Ayes – All The motion passed. Attachment 1 Packet Page Number 53 of 270 Attachment 2Packet Page Number 54 of 270 1 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Conditional Use Permit Review – Cottagewood Town House Development LOCATION: South of Highwood Avenue, east of Dennis Street, west of I-494 DATE: April 23, 2013 INTRODUCTION Project Description The conditional use permit (CUP) for the Cottagewood planned unit development (PUD) is due for review. This CUP is for a 15-unit town house PUD (planned unit development). Refer to the maps, plans and the city council minutes attached to this report. BACKGROUND On August 28, 2006, the city council made several approvals for this development. They included a revision to the planned unit development, a preliminary plat and a resolution ordering the public improvements. These approvals were subject to several conditions. (Please see the attached city council minutes) On September 19, 2006, the community design review board approved the design plans for Cottagewood (subject to several conditions of approval). On March 12, 2007, the city council approved the final plat for Cottagewood. On September 24, 2007, the city council approved the PUD review. On April 26, 2011, the community design review board approved the revised design plans for Cottagewood (subject to several conditions of approval). On April 23, 2012, the city council reviewed this PUD and agreed to review it again in one year. DISCUSSION In 2006 and 2007 the city council gave several approvals for the Cottagewood Town House development. Since those approvals the original developer walked away from the project which had sat dormant for several years. In 2011, Tom Wiener of Cardinal Homebuilders took over the project and received community design review board approval for building plans to move forward with this development. The previous contractor has completed the site grading, retaining walls, utilities and the base course for the private driveway. However, there was still some landscaping, curbing, paving and other site work the current developer has assumed responsibility for. Staff has been working with the developer Agenda Item G4 Packet Page Number 55 of 270 2 to ensure all council conditions are met while he proceeds with this development. Currently, the city has four active building permits for new houses within this development. RECOMMENDATION Review the conditional use permit (CUP) for the Cottagewood PUD again in one year or sooner if the owner proposes a major change to the site. REFERENCE INFORMATION SITE DESCRIPTION Site size: 3.71 acres Existing land use: Townhouse development (under construction) SURROUNDING LAND USES North: New Century development across Highwood Avenue South: I - 494 West: Single dwellings on Ferndale Street East: Single dwelling and cell phone tower PLANNING Existing Land Use Plan designation: R-3l (low-density multiple dwelling) Existing Zoning: PUD (planned unit development Criteria for Conditional Use Permit Approval Section 44-1097(a) states that the city council may approve a CUP, based on nine standards. p:sec13-28\Cottagewood PUD Review_042913 Attachments: 1. Location Map 2. Address Map 3. Land Use Map 4. Property Line/Zoning Map 5. Final Plat 6. August 28, 2006 City Council minutes Packet Page Number 56 of 270 UV74 HIG HW O OD AV E §¨¦494 CENTURY AVEUV72CENTURY AVEUV25 VAL LEY VI EW AV ESTERLING STS C HAL LE R DR FERNDALE ST S O U T H C R E S T A V E NEMITZ AVEMARINE STD E N NIS STODAY STMCCLELLAND STSTERLING STNEW CENTURY BLVDNEW CENTURY TERPINKSPIRE LNNEW CENTURY L N W HITE OAK CIR NEW CENT URY PL NE MITZ AVE SNOWDRIFT CIR ODAY ST TI MB ER CT N EW C EN TU R Y PL N EW C EN TU R Y PL MARY PLMARINE CTMAMI E AVE RED PINE CIR SCHADT DRMARINE CTPIN KSPIR E LN NE W C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU RY BLVDNEW C EN TU RY BLVDNEW C EN TU RY BLVDNEW C EN TU RY BLVDNEW C EN TU RY BLVDNEW C EN TU RY BLVDNEW C ENT U RY BLVDNEW C ENT U RY BLVDNEW CE NT U RY BLVDNEW CE NT U RY BLVDNEW C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU RY B LVDNEW C EN TU RY B LVDNEW C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU R Y BLVDNEW C EN TU RY BLVDNEW C EN TU RY BLVDNEW C EN TU 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MapCottagewood ´Attachment 1 page #2 SITE 3 Packet Page Number 57 of 270 HIG HW O O D AV E §¨¦494 D E N N IS STFERNDALE STNEMITZ AVE NEW CENTURY BLVDS O U T H C R E S T A V E NEW CEN T URY PL NE W CE NTURY LN CENTURY AVEVALLEY VI EW AVE NEW CENTURY TERRED PINE CIR Address MapCottagewood ´Attachment 2 page #2 Cell Tower 4 Packet Page Number 58 of 270 D E N N IS STHIG HW O O D AV E §¨¦494NEW CENTURY BLVDN EMITZ AVE NEW CENTURY PLRED PINE CIR CENTURY AVES O U T H C R E S T A V E r3lr3l r3mr3m bcbc r1r1 Land Use MapCottagewood ´Attachment 3 page #2 SITE Cell Tower 5 Packet Page Number 59 of 270 D E N N IS STHIG HW O O D AV E §¨¦494NEW CENTURY BLVDN EMITZ AVE NEW CENTURY PLRED PINE CIR CENTURY AVES O U T H C R E S T A V E pudpud r1r1 bcbc ff Zoning MapCottagewood ´Attachment 4 page #2 SITE Cell Tower 6 Packet Page Number 60 of 270 Attachment 5 7 Packet Page Number 61 of 270 City Council Meeting 08-28-06 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 28, 2006 Council Chambers, City Hall Meeting No. 06-22 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at City Hall, and was called to order at 7:10 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present H. PUBLIC HEARINGS 2. Cottagewood Subdivision Public Improvements, City Project 06-10 Public Hearing 7:10 pm Cottagewood Town Houses (2666 Highwood Avenue) Conditional Use Permit for Planned Unit Development Revision Preliminary Plat Resolution Ordering Improvement (4 votes) a. Environmental Manager Konewko presented the public improvement report. b. Civil Engineer Kummer provided further specifics from the report. c. Commissioner Pearson presented the Planning Commission report. d. Planner Roberts presented the project approval report. e. Phil Soby, the applicant, 200 East Chestnut Street, Stillwater, was present for council questions. f. Mayor Longrie opened the public hearing (9:03 p.m.), calling for proponents or opponents. The following persons were heard: Kip Johnson, Project Engineer for the Developer Chris Gerke, 2660 Highwood Avenue East, Maplewood Sharon Soby, Realtor and applicants wife g. Mayor Longrie closed the public hearing. Councilmember Cave moved to approve the following resolution. This resolution approves a conditional use permit revision for a planned unit development for the property at 2666 Highwood Avenue to be known as Cottagewood. This site is on the south side of Highwood Avenue, east of Dennis Street. The city bases this approval on the findings required by code: Attachment 6 8 Packet Page Number 62 of 270 City Council Meeting 08-28-06 2 CONDITIONAL USE PERMIT REVISION RESOLUTION 06-08-105 WHEREAS, Mr. Phil Soby, representing the project developers, applied for a conditional use permit (CUP) revision for the Cottagewood residential planned unit development (PUD). WHEREAS, this permit applies to the Cottagewood town house development plan the city received on July 7, 2006 for the property at 2666 Highwood Avenue. The legal description is: Subject to State TH 100/117 and HWY 393, the north 1100 feet of the West 173 feet of the East 198 feet of the West ½ of the NE ¼ of the SE ¼ of Section 13, Township 28, Range 22, Ramsey County, Minnesota. (This is the property to be known as Lots 1-15 of the proposed Cottagewood) WHEREAS, the history of this conditional use permit is as follows: 1. On August 7, 2006, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On August 28, 2006, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's 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. 9 Packet Page Number 63 of 270 City Council Meeting 08-28-06 3 Approval is subject to the following conditions: 1. All construction shall follow the plans for 18 15 detached town houses as approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation. (2) All driveways at least 20 feet wide. If the developer wants to have parking on one side of the main driveway, then it must be at least 28 feet wide. However, widening of the driveway must not lessen the side setback of the driveway from the east property line. (3) All parking stalls with a width of at least 9.5 feet and a length of at least 18 feet. Also, review and possibly revise the parking spaces and the turn-around area at the south end of the site to maximize the number of trees to be saved and to minimize the amount of hard surface area. (4) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city’s design standards. (5) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the large trees in the undisturbed area south of the town houses and parking areas. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the engineer’s memo dated July 28, 2006. These shall include: a. Include grading, utility, drainage, erosion control, streets, trails, tree, retaining walls, driveway and parking lot plans. a. The grading, utility, drainage, erosion control, streets, trails, tree, retaining walls, driveway and parking plans. This approval includes the design of the proposed private cul-de-sac. b. Showing no grading or ground disturbance in the conservation easement. This land is to be preserved for open space purposes. The developer and contractors shall protect this area, including the large trees that are in and near the south side of the site, from encroachment from equipment, grading or filling. c. Include a storm water management plan for the proposal. 4. The design of all ponds shall meet Maplewood’s design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off- site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. 10 Packet Page Number 64 of 270 City Council Meeting 08-28-06 4 b.* Place temporary orange safety fencing and signs at the grading limits. c. Remove any debris or junk from the site, including the conservation area. d Provide the city with verification that the town houses on the proposed site plan will meet the state’s noise standards. This shall be with a study, testing or other documentation. If the noise on this site is a factor, then the contractor will have to build the town houses so that they can meet the noise standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound-deadening construction methods. The developer shall provide the city with this documentation before the city will issue a building permit for the town houses. 6. The approved setbacks for the principal structures in the Cottagewood PUD shall be: a. Front-yard setback (from a public street or a private driveway): minimum - 20 feet, maximum – 35 feet b. Rear-yard setback: 12 feet from any adjacent residential property line c. Side-yard setback (town houses): minimum of six feet from a side property line and at least 12 feet between units. 7. The developer or builder will pay the city Park Access Charges (PAC fees) for each housing unit at the time of the building permit for each housing unit. 8. Submit the homeowner’s association documents to city staff for review and approval. 9. The developer shall provide a permanent means to preserve and maintain the common open space. This may be done by conservation easement, deed restrictions, covenants or public dedication. The developer shall record this document with the final plat and before the city issues a permit for grading or utility construction. 10. The city council shall review this permit in one year. 11. This approval does not include the design approval for the townhomes or any signs. The project design plans, including architectural, signs, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. (3) All driveways less than 28 feet in width shall be posted for “No Parking” on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for No Parking on one side. c. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 11 Packet Page Number 65 of 270 City Council Meeting 08-28-06 5 12. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots in the preliminary plat before the city will issue a building permit. Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave, Hjelle, and Juenemann Nay-Councilmember Rossbach Mayor Longrie moved to approve the Cottagewood preliminary plat (received by the city on July 7, 2006). The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street intersection and near the south end of the driveway. The exact style and location shall be subject to the city engineer’s approval. d. Pay the city for the cost of traffic-control, street identification and no parking signs. e. Provide all required and necessary easements, including any off-site easements. f. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. g. Cap and seal all wells on site that the owners are not using; remove septic systems or drainfields, subject to Minnesota rules and guidelines. h. Complete all the curb and gutter on Highwood Avenue on the north side of the site. This is to replace the existing driveways on Highwood Avenue and shall include the restoration and sodding of the boulevards. i. Install a sign where the new driveway intersects Highwood Avenue indicating that it is a private driveway. j. Install survey monuments and signs along the edges of the conservation easement area. These signs shall explain that the area beyond the signs is a conservation easement area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. 2. Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, driveway, trail, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo from Michael Thompson dated July 28, 2006, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. 12 Packet Page Number 66 of 270 City Council Meeting 08-28-06 6 b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) Building pads that reduce the grading on sites where the developer can save large trees. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (7) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (8) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (9) As little grading as possible west and south of the town houses. This is to keep as many of the existing trees on the site as is reasonably possible. c. The street, driveway and utility plans shall show: (1) The driveway shall be a nine-ton design with a maximum grade of eight percent and the maximum grade within 75 feet of the intersection at two percent. (2) The street (driveway) with continuous concrete curb and gutter, except where the city engineer determines that curbing is not necessary for drainage purposes. (3) The removal of the unused driveways and the completion of the curb and gutter on the south side of Highwood Avenue and the restoration and sodding of the boulevards. (4) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (5) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (6) The plan and profiles of the proposed utilities. (7) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. 13 Packet Page Number 67 of 270 City Council Meeting 08-28-06 7 (8) The minimum cul-de-sac size to meet the public safety needs while preserving as many trees as possible. d. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (predevelopment) levels. The developer’s engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e.* The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ½) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, conservation easement, or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c) along the west side of the site to screen the proposed buildings from the homes to the west (7) Show the planting of at least 37 trees after the site grading is done. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. This shall include showing a 20-foot-wide drainage and utility easement along the north side of Lot 15. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label the common areas as an outlot or as outlots. d. If allowed, show the conservation easement on the final plat. 4. Pay for costs related to the engineering department’s review of the construction plans. 5. Secure and provide all required easements for the development including any off-site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 14 Packet Page Number 68 of 270 City Council Meeting 08-28-06 8 6. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer’s agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer’s agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Highwood Avenue (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the private driveway. 8. Record the following with the final plat: a. All homeowner’s association documents. b. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites. c. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Highwood Avenue. d. The conservation easement for the undisturbed area of the site. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. The city will not issue a building permit until after the developer has recorded the final plat and these documents and covenants. 9* Submit the homeowners association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, outlots, private utilities, driveways, retaining walls and structures. 10. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 11. If the developer decides to final plat part of the preliminary plat, the interim director of community development may waive any conditions that do not apply to the final plat. 12. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer’s agreement any grading that the developer or contractor has not completed before final plat approval. ____________________ *The developer must complete these conditions before the city issues a grading permit or approves the final plat. Seconded by Mayor Longrie Ayes-Mayor Longrie, Councilmembers Cave, Hjelle, and Juenemann Nay-Councilmember Rossbach 15 Packet Page Number 69 of 270 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner Charles Ahl, Assistant City Manager SUBJECT: Conditional Use Permit Review, T-Mobile Cellular Telephone Tower – Harmony Learning Center LOCATION: 1961 County Road C East DATE: April 23, 2013 INTRODUCTION The conditional use permit (CUP) for the telecommunications monopole at 1961 County Road C East is due for review. The CUP is to operate a monopole on the site with ground equipment. (See the maps and the city council minutes attached to this report.) The city council reviewed this permit at its meeting in December 2012 and required the CUP to come back for review at a council meeting in April. BACKGROUND On December 14, 2009, the council approved the following for this site: 1. A conditional use permit (CUP) for a tower and related equipment at a school. Section 44-1321(b)(2)b of the city code requires a conditional use permit for communications towers located at a school 2. The tower design and site plan. On December 13, 2010, the city council reviewed the CUP and agreed to review again in one year to ensure continued compliance. On November 28, 2011, the city council reviewed the CUP and agreed to review again in one year to ensure continued compliance. On December 10, 2012, the city council reviewed the CUP and required it to come back to a council meeting in April 2013. DISCUSSION During the summers of 2011 and 2012, staff has inspected the site and has routinely found the required vegetation either dead or not healthy. The applicant has been quick to respond and replace dead vegetation. However, when the council review this CUP is December 2012 there was a desire to get a commitment from the applicant on how they will ensure the replaced vegetation will survive. The applicant has submitted a letter, which is attached to this report, where it states they will replace all the vegetation and commit to a watering plan. Because of the late spring, the applicant has yet to be able to replace the vegetation on site but will be doing so later this spring. Staff recommends reviewing this permit again in one year to ensure the site continues to meet the conditions of approval and that the landscaping remains healthy. Agenda Item G5 Packet Page Number 70 of 270 RECOMMENDATION Review the CUP for the monopole at 1961 County Road C East again in one year. P:\SEC2S\1961 Co Rd C\Monopole CUP\TMobile_CUPReview_042913 Attachments: 1. Location Map 2. Site Plan, dated October 14, 2009 3. December 14, 2009 CUP Conditions 4. Approved Landscaping Plan 5. Applicant letter, dated April 23, 2013 Packet Page Number 71 of 270 Attachment 1 Packet Page Number 72 of 270 Attachment 2 Packet Page Number 73 of 270 Attachment 3 Packet Page Number 74 of 270 said South line 311 feet; thence northerly parallel with said center line 140 feet; thence north 107.07 feet, thence east 391.55 feet to a point 658.95 feet north of said South line; thence to said South line at a point 200 feet west of said 'XI corner; then West to the point of beginning. WHEREAS, the history of this conditional use permit is as follows: 1. On May 19, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission tabled their review and directed the applicant to consider alternative locations for the proposed telecommunications tower. 2. On November 17, 2009, the planning commission continued their review of the proposed conditional use permit for a telecommunications tower and recommended that the city council approve this request. 3. On December 14, 2009, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would 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 feature$ into the development design. 9. The use would cause minimal adverse environmental effects. Attachment 3 Packet Page Number 75 of 270 Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Community development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. This conditional use permit is conditioned upon T-Mobile allowing the collocation of other provider's telecommunications equipment on the proposed tower. T-Mobile shall submit a letter to staff allowing collocation before a building permit can be issued. 5. If any required landscaping dies plantings must be replaced per city policy and standards. The Maplewood City Council approved this resolution on December 14, 2009. · Mayor Longrie added a friendly amendment that the provision that any landscaping or plantings that die that they be replaced pursuant city policy and standards. Seconded by Mayor Longrie. Nephew Juenemann Ayes -Mayor Longrie, Councilmember Nay -Council member Council member Nephew accepted the friendly amendment. Councilmember Rossbach had recused himself from the agenda item. Councilmember Hjelle left the meeting at 9:10p.m. and was not present to vote on this. The motion passed. Attachment 3 Packet Page Number 76 of 270 Attachment 4Packet Page Number 77 of 270 April 23, 2013 Mr. Martin, Attached is the original landscaping plan approved by the city in 2010. We will replant (10) 4’ Arborvitae around the existing compound fence. The shrubs will be watered and fertilized upon installation. We will keep the shrubs watered on a bi-weekly basis or as conditions require for the first 3 months. Once the plants are established we will have the shrubs watered on an as needed basis. We will make sure the landscaper provides us with a 1 yr. guarantee of the shrubs survival. If that is not achieved we will have them replaced as soon as weather permits. Thank you, Jeremy Herrick Operations Manager SBA Communications Attachment 5 Packet Page Number 78 of 270 Agenda Item G.6. AGENDA REPORT TO: Jim Antonen, City Manager FROM: Shann Finwall, Environmental Planner SUBJECT: Approval of the Submission of a Community Powers Grant for the Proposed Plastic Bottle Waste Reduction Project at the Community Center DATE: April 23, 2013 for the April 29 City Council Meeting INTRODUCTION The Solid Waste Management Coordinating Board manages the Community Powers grant program. The program looks for new and innovative ways to educate and actively engage residents in changing their behaviors in purchasing, reusing, and hazardous waste disposal in order to reduce waste. Applicants must partner with non-profit organizations to reach individuals who are not currently aware of waste and toxicity reduction and recycling practices. The City of Maplewood is partnering with the Friends of Maplewood Nature on the submittal of a Community Powers grant application for a Plastic Bottle Waste Reduction Project at the Maplewood Community Center. The goal of the project is to reduce or eliminate the use of bottled water at the Community Center while decreasing waste and increasing recycling. Activities covered by the $7,750 grant application include retrofitting four water fountains at the Community Center with water bottle filling stations, creation of educational displays and signs, purchase of reusable water bottles, programming and green events. DISCUSSION The Friends of Maplewood Nature were formed in 2007 as a nonprofit 501(c)(3) to benefit the mission of the City of Maplewood’s Nature Center. The Nature Center’s mission is to enhance awareness and understanding of land, water and wildlife resources; to empower the community to become stewards of the environment; and to participate in sustainability projects for the City of Maplewood. The Project is of interest to the Friends because it will serve as an outlet for educating residents of Maplewood and surrounding communities on the environmental impacts of bottled water and the importance of waste reduction and recycling. BUDGET IMPACT The grant request is for $7,750 with no matching funds required. Grant awards will be announced the week of May 20, with the project running from August 2013 through August 2014. RECOMMENDATION It is recommended that City Council approve the submission of a Community Powers Grant for the proposed Plastic Bottle Waste Reduction Project at the Community Center (Attachment 1). Attachment: 1. Community Powers Grant Application Packet Page Number 79 of 270 Community POWER 2013 Proposal Cover Page Print this document double-sided to reduce waste. Organization Name: Friends of Maplewood Nature and the City of Maplewood Address: 2659 East Seventh/1830 County Road B East City: Maplewood Zip: 55119/55109 County: Ramsey Phone: 651-303-2165/651-249-2304/651-249-2305 Website: http://maplewoodnature.blogspot.com and www.ci.maplewood.mn.us Is your organization a 501(c) is a tax-exempt, nonprofit corporation or association? Yes, Friends of Maplewood Nature is a 501(c) tax-exempt, nonprofit organization. Please check the appropriate box: X Our organization has never received funding from the Solid Waste Management Coordinating Board’s Community POWER grant program. Our organization has received funding from the Solid Waste Management Coordinating Board’s Community POWER grant program. Please list the year(s) that funding was received:_____________________________________. PROJECT INFORMATION Project Title: Plastic Bottle Waste Reduction Project Waste Issue(s) Addressed (check all that apply): X Waste Red. Toxicity Red. X Recycling Composting X Green Events Executive Summary: (summarizes the main goal and activities of your project; 50 words or less) Attachment 1 Packet Page Number 80 of 270 2 The Maplewood Community Center, 2100 White Bear Avenue, has 2,800 members with 259,000 visits in 2012. Activities include retrofitting four water fountains at the Community Center with water bottle filling stations. The goal is to provide education about environmental impacts of bottled water and the importance of waste reduction and recycling. GEOGRAPHIC AREA SERVED SWMCB serves the six metro counties of Anoka, Carver, Dakota, Hennepin, Ramsey and Washington. Check the county that your project will primarily reach (at minimum 25% of your audience). Anoka Carver Dakota Hennepin X Ramsey Washington FUNDING REQUEST State the amount of funding you are requesting (up to $12,000 maximum): $7,750 INSURANCE REQUIREMENTS SWMCB requires general liability insurance coverage of at least $1,500,000; automotive liability coverage of at least $1,500,000; professional liability insurance coverage of at least $1,500,000; and workers’ compensation coverage or certification of excluded employment from workers’ compensation requirements. If applicants do not have the insurance coverage listed above, SWMCB may be willing to provide waivers. For questions on insurance coverage contact Kate Bartelt at 651-222-7227 or via email at KBartelt@rranow.com. Check one of the following: X Our organization holds ALL the required insurance policies at the required coverage limits. Our organization holds the required insurance policies for the following:________________________________________________ And/Or Our organization will seek a waiver from the SWMCB for one or more of the required insurance policies. List which policy(ies) you will be seeking a waiver: _________________________________________ Packet Page Number 81 of 270 3 CONTACT INFORMATION Primary contact/Project Manager for project: Name: Jim Beardsley Organization: Friends of Maplewood Nature Address: 2659 East Seventh Street, Maplewood, MN 55119 Phone: 651-303-2165 Email: maplerosedoc@gmail.com Fiscal agent (if different from above): Name: Jim Beardsley Organization: Friends of Maplewood Nature Address: 2659 East Seventh Street, Maplewood, MN 55119 Phone: 651-303-2165 Email: maplerosedoc@gmail.com Contact person for insurance verification: Name: Shann Finwall, Environmental Planner and Chris Swanson, Sustainability Intern Organization: City of Maplewood Address: 1830 County Road B East, Maplewood, MN 55109 Phone: 651-249-2304 or 651-249-2305 Email: shann.finwall@ci.maplewood.mn.us or chris.swanson@ci.maplewood.mn.us Partnering organization(s) name (if applicable): Name(s): Shann Finwall, Environmental Planner and Chris Swanson, Sustainability Intern Organization: City of Maplewood Address: 1830 County Road B East, Maplewood, MN 55109 Phone: 651-249-2304 651-249-2305 Email: shann.finwall@ci.maplewood.mn.us or chris.swanson@ci.maplewood.mn.us Contract signatory: Name: Jim Beardsley Title: Director of Friends of Maplewood Nature Address: 2659 East Seventh Street, Maplewood, MN 55119 Phone & Fax: 651-303-2165 Email: maplerosedoc@gmailcom Contract mailed to (if different name and/or address from above): Packet Page Number 82 of 270 4 Payments should be mailed to: Name: Jim Beardsley Organization: Friends of Maplewood Nature Address: 2659 East Seventh Street, Maplewood, MN 55119 Phone & Fax: 651-303-2165 Email: maplerosedoc@gmail.com Checks payable to: Friends of Maplewood Nature Project Rationale and Context (5%) a. Provide a short description of the organization or school; including, applicable partners. b. Describe why Community POWER is of interest to the organization. c. Describe how the proposed project will contribute to the organization’s mission and how it will impact the organization’s network/community. d. Describe how the proposed project will effectively and creatively contribute to waste reduction, toxicity reduction, and/or recycling. The Friends of Maplewood Nature was formed in 2007 as a nonprofit 501(c)(3) to benefit the mission of the City of Maplewood’s Nature Center which is to enhance awareness and understanding of land, water and wildlife resources; to empower the community to become stewards of the environment; and to participate in sustainability projects for the City of Maplewood. The Friends’ partner in the Plastic Bottle Waste Reduction Project is the City of Maplewood. Maplewood owns and operates the Nature Center which is located at 2659 East Seventh Street. Maplewood is a first- ring suburb located on the east side of St. Paul with a population of 38,000 people. Grant funding will be used to retrofit four water fountains at the Maplewood Community Center (MCC) with water bottle filling stations and provide education about environmental impacts of bottled water and the importance of waste reduction and recycling. Maplewood owns and operates the MCC which is located at 2100 White Bear Avenue. The MCC has 2,800 members from Maplewood and surrounding communities, with over 259,000 visits in 2012. The City’s recycling contractor reported that 520 pounds of plastic bottles were recycled at the MCC in 2012, which breaks down to 12,000 plastic bottles that were kept out of the waste stream. This Packet Page Number 83 of 270 5 number does not include the bottles that were inadvertently disposed of in the trash. The City estimates that 26 percent of the MCC’s trash contains recyclables. This estimate is based on a 2008 trash sort conducted on City facilities which reflected that 26 percent of the trash contained recyclables, including plastic bottles. The Project is of interest to the Friends because it will serve as an outlet for educating residents of Maplewood and surrounding communities on the environmental impacts of bottled water and the importance of waste reduction and recycling. Project Goal, Objectives, Activities and Evaluation (50%) Project Goal 50 words or less. Describe the overall goal for the Project. The goal is to eliminate the use of bottled water at the Maplewood Community Center while decreasing waste and increasing recycling. Educational benefits of achieving this goal are an increased awareness of the environmental impacts of bottled water and the importance of waste reduction and recycling. Objectives Describe two to three objectives for the Project. Objectives should be specific, measurable, and indicate the expected outcome. 1. Eliminate the use of bottled water at the MCC. 2. Increased awareness of the environmental impacts of bottled water and importance of waste reduction and recycling. 3. Decrease in plastic bottles deposited in the trash and increase in recycling rates. Activities For each objective, describe the activity (ies) to complete the objective. Activities should include efforts to educate and engage project participants. While some objectives may relate to education and some to hands-on activities, the Project must include activities to both educate and engage participants. 1. Eliminate the use of bottled water at the MCC. a. Visitors to the MCC will be able to fill reusable water bottles at water bottle filling stations throughout the MCC. The water Packet Page Number 84 of 270 6 bottle filling stations will be retrofitted into four existing drinking fountains as follows: i. The most centrally located drinking fountain will be retrofitted with an electronic water bottle filling station that displays the number of plastic bottles saved by filling up reusable water bottles at the station. ii. The other three drinking fountains will be retrofitted with non-electronic water bottle filling spigots. b. The MCC will remove all bottled water currently for sale in its vending machines. 2. Increased awareness of the environmental impacts of bottled water and importance of waste reduction and recycling. a. Installation of educational signs above the water bottle filling stations. b. Installation of education signs above the trash and recycling receptacles. c. Distribution of reusable water bottles at the snack bar when a customer purchases a beverage. Reusable water bottles will contain education information on the impacts of bottled water and importance of waste reduction and recycling. Reusable water bottles can then be used for future visits to the MCC. d. The Friends of Maplewood Nature and the City of Maplewood will host at least two Green Events at the MCC with a focus on the reduction of waste from plastic bottles and containers. Examples of events include the MCC’s annual open house or one of its expo events. e. An educational display including a bale of recycled bottles will serve as a visual representation of the impacts of bottled water. The display will describe the importance of reducing the use of plastic bottles, and keeping plastic bottles that are used out of the waste stream and into the recycling stream. f. Spotlighting the Project in the City’s monthly City Newsletter and cable access television show. 3. Decrease in plastic bottles deposited in the trash and an increase in recycling rates. a. Bottled water will be removed from the MCC vending machines. b. Installation of educational signs above the water bottle filling stations. c. Installation of education signs above the trash and recycling receptacles. Packet Page Number 85 of 270 7 d. Green events will spotlight environmental impacts of bottled water and the importance of waste reduction and recycling. Evaluation Describe how the objective will be evaluated to see if the objective was achieved. a. The Project will include two trash sorts at the MCC facility to determine the amount of plastic bottles in the waste stream. The first sort will be conducted before the Project begins and the second will take place in May 2014 before the grant timeframe is finished. This will serve as a measurable means of determining the success of the Project. b. Working with the City’s recycling contractor, the City will be able to obtain measurable weights of recycled materials. c. The Project will be spotlighted in the City Newsletter which is distributed to 15,680 households monthly and will also be aired on the City’s cable access television show called Spotlight on Maplewood. d. A survey of MCC customers will be conducted to determine the effectiveness of the Project. Project Timeline (5%) Provide a project timeline chart that highlights major activities and their approximate dates. August 2013 – Trash sort conducted to determine amount of plastic bottles in the MCC waste stream. Creation of recycling/waste reduction educational signs and curriculum. Purchase of reusable water bottles to be sold at MCC snack bar when customers purchase a beverage. Reusable water bottles will include educational information on the MCC refillable water bottle stations, environmental impacts of using bottled water, and importance of waste reduction and recycling plastic bottles. September 2013 – Retrofitting four drinking fountains with refillable water bottle stations. Installation of recycling/waste reduction signs. Packet Page Number 86 of 270 8 Installation of educational display including recycled plastic bottle bale. Distribution of reusable water bottles at MCC snack bar. October 2013 – March 2014 Removal of all bottled water from MCC vending machines. Initial article describing the Project in the City Newsletter. Green Event – Expo Continued education April 2014 - Survey of MCC visitors about the effectiveness of the Project. Green Event – MCC Open House. May 2014 – Spotlight the Project on Spotlight on Maplewood, the City’s cable access television show. June 2014 – Trash sort conducted to determine decrease in amount of plastic bottles in waste stream. Analyze recycling rates throughout the Project duration. July 2014 – Analysis of the Project. August 2014 – Publish and present results from waste reduction program in the Maplewood Seasons and educational material at City facilities. Present findings to the Maplewood Environmental and Natural Resources Commission and City Council. Sustaining Your Project (15%) Describe the parts of the Project that may be sustained after the completion of the grant period and how this may happen. The Friends of Maplewood Nature and the City of Maplewood will educate visitors to the MCC on the environmental impacts of bottled water with the continued use of the education signage and Green Events. Additionally, the City will continue to work on decreasing the use of bottled water and increase recycling in its residential recycling program and at all City-sponsored events. Key Project Personnel (5%) Provide a short description of the background and qualifications of primary project staff. Packet Page Number 87 of 270 9 Shann Finwall, Environmental Planner: Ms. Finwall has worked with the City of Maplewood for ten years. Originally hired as an urban planner, Ms. Finwall’s responsibilities turned to more environmental planning four years ago with the creation of the Environmental Planning position. Ms. Finwall’s responsibilities include ensuring the City meets its sustainability goals and objectives as outlined in the City’s 2030 Comprehensive Plan. One of those goals is to reduce waste and increase recycling City-wide. Ms. Finwall has 13 years of urban planning experience, 6 years of environmental planning experience, and holds a Bachelor's Degree in Fisheries in Wildlife Management, Masters Degree in Public Administration, and is certified by the American Institute of Certified Planners. Chris Swanson, Sustainability Intern: Mr. Swanson has been an employee with the City of Maplewood for the last year. Mr. Swanson’s background is in the professional area of sustainability, recycling, and waste management. Mr. Swanson’s has a Bachelor’s Degree in Environmental Science, Policy, and Management from the University of Minnesota. Disseminating Results to Other Organizations (10%) Describe how the organization will share project results and train other “peer” organizations about waste and toxicity reduction information and promote www.rethinkrecycling.com. Be as specific as possible about the size and type of audience that may be reached. Outcomes of the Plastic Bottle Waste Reduction Project will be released as a public service announcement on the City’s cable access show called Spotlight on Maplewood. Results and lessons learned will also be highlighted in the Maplewood Season, a quarterly environmental newsletter sent to 15,680 households. The information will also be shared with other cities throughout the Twin Cities Area through our association at recycling coordinator meetings and other events. Finally, the Maplewood Nature Center will design curriculum around the results of the Project which can be shared with other environmental educators. Packet Page Number 88 of 270 10 Budget State the amount of funding you are requesting (up to $12,000 maximum): $7,750 Design, manufacture, and display educational signs $1,500 Design and set up educational display $500 Staffing hours for two trash sorts $600 Purchase of reusable water bottles. Bottles to be given to $1,000 MCC patrons who purchase beverages at the snack bar. The reusable water bottles will include information on the benefits of using reusable bottles versus the purchase of bottled water. Printing and postage for two City Newsletter articles $800 Production of cable access programming $500 Creation of Green Event programming $600 Staffing hours for Green Event programming $600 MCC Water Fountain Equipment Retrofits $1,650 Packet Page Number 89 of 270 Agenda Item G7 AGENDA REPORT TO: James Antonen, City Manager FROM: Terrie Rameaux, HR Coordinator Chuck Ahl, Assistant City Manager DATE: April 22, 2013 RE: Resolution Adopting Retiree Health Savings Plan for LELS Police Officer Employees BACKGROUND The City has adopted several Retiree Health Savings Plans (RHS) over the past few years for various employee groups--Non-union and Confidential & Supervisory Association employees, Metro Supervisory Association employees, IAFF--Firefighters/Fire Officers, and Police Sergeants. A Retiree Health Savings plan, which is employee-funded, allows employees to pay for health and dental insurance premiums as well as out-of-pocket medical expenses upon retirement from the City. RHS plans have several tax advantages including tax-free contributions and tax-free withdrawals for eligible medical expenses for participants, their spouses and dependents. The Police Officers have requested the attached RHS plan be adopted for their group. RECOMMENDATION It is recommended that the City Council approve the attached Resolution, VantageCare Retirement Health Savings Plan Adoption Agreement, and RHS Plan for the LELS Police Officers employee group. Attachments: 1. Resolution 2. Adoption Agreement 3. RHS Plan Packet Page Number 90 of 270 Agenda Item G7 Attachment #1 RESOLUTION FOR ADOPTION OF THE VANTAGECARE RETIREMENT HEALTH SEAVINGS (RHS) PLAN Plan Number: 803411 Name of Employer: City of Maplewood State: Minnesota Resolution of the above-named Employer (the “Employer”): WHEREAS, the employer has employees rendering valuable services; and WHEREAS, the establishment of a retiree health savings plan for such employees serves the interests of the Employer by enabling it to provide reasonable security regarding such employees’ health needs during retirement, by providing increased flexibility in its personnel management system, and by assisting in the attraction and retention of competent personnel; and WHEREAS, the Employer has determined that the establishment of the retiree health Savings plan (the “Plan”) serves the above objectives; and WHEREAS, the Employer desires that its retiree health savings plan (the “Plan”) be administered by ICMA Retirement Corporation and/or its affiliates; NOW, THEREFORE BE IT RESOLVED, that the Employer hereby adopts the Plan in the form of the ICMA Retirement Corporation’s VantageCare Retirement Health Savings program. BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust, with the Employer serving as the trustee (“Trustee”) for the exclusive benefit of Plan participants and their beneficiaries, and the assets of the Plan shall not be diverted to any other purpose. BE IT FURTHER RESOLVED that the Human Resource Coordinator shall be the coordinator and contact for the Plan and shall receive necessary repots, notices, etc. I, Karen Guilfoile, Clerk of the City of Maplewood, do hereby certify that the foregoing resolution was duly passed and adopted at a regular meeting thereof assembled this ______ day of ___________________________, 2013, by the Maplewood City Council. City Clerk: __________________________________ Packet Page Number 91 of 270 EMPLOYER VANTAGECARE RETIREMENT HEALTH SAVINGS (RHS) PLAN ADOPTION AGREEMENT Plan Number: 8 _,0£>....3...L-'i.L..L\\..__ _____ _ Check one: ~New Plan D Amendment to Existing Plan Employer Retirement Health Savings Plan Name: I. EmployerName: C.\-\-y o-f: t-\o.p\e.U,)ood State: M \ \"'\ (\ .. II. The Employer hereby attests that it is a ~nit of a state or local government or an agency or instrumentality of one or more units of a state or local government. III. Effective Date of the Plan: Y -I 6 -\ 3 IY. The Employer intends to utilize the Trust to fund only welfare benefits pursuant to the following welfare benefit plan(s) established by the Employer:---------------------------- V. Eligible Groups, Participation and Participant Eligibility Requirements A. Eligible Groups The following group or gtoups of Employees are eligible to participate in the VantageCare Retirement Health Savings Plan (check all applicable boxes): D All Employees D All Full-Time Employees D Non-Union Employees D Public Safety Employees -Police D Public Safety Employees -Firefighters D General Employees IX Collectively-Bargained Employees (Specify unit(s)) "Po\\ c_ e_ o~~i e:..e._r :5 -Lt:..L s l-c:;c-.n \ \53 D Other (specify group(s)) ------------------------------ The Employee group(s) specified must correspond to a group(s) of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other documents or provisions in effect in the state or locality of the Employer. B. Participation Mandatory Participation: All Employees in the covered group(s) are required to participate in the Plan and shall receive contributions pursuant to Section VI. C. Participant Eligibility Requirements 1. Minimum service: The minimum period of service required for participation is t-J /A (write N/A if no minimum service is required). 2. Minimum age: The minimum age required for eligibility to participate is age is required). ..,;jp., I (write N/A if no minimum Agenda Item G7 Attachment 2 Packet Page Number 92 of 270 VI. Contribution Sources and Amounts A. Definition of Earnings The definition of Earnings will apply to all RHS Contribution Features that reference "Earnings", including Direct Employer Contributions (Section VI.B.l.) and Mandatory Employee Compensation Contributions (Section VI.B.2.). Definitionofearnings: Ac.c:..f'ue.d: -olc..k \e..a.ve.J de_~e.rre_d s{ c.,\:::. \e.ave, v a.cctt'\d V\Ja V\ n uet\ \eo ve. 1 pe rsoca\ bo\ldoys, unused c..oml)t-irn:: 'O'in"k. B. Direct Employer Contributions and Mandatory Contributions 1. Direct Employer Contributions The Employer shall contribute on behalf of each Participant 0 ____ % of Earnings 0 $ __ _ each Plan Year 0 A discretionary amount to be determined each Plan Year 0 Other (describe):---------------,---------------- 2. Mandatory Employee Compensation Contributions The Employer will make mandatory contributions of Employee compensation as follows: 0 Reduction in Salary -____ % of Earnings or $ ____ will be contributed for the Plan Year. 0 Decreased Merit or Pay Plan Adjustment -All or a portion of the Employees' annual merit or pay plan adjustment will be contributed as follows: An Employee shall not have the right to discontinue or vary the rate of Mandatory Contributions of Employee Compensation. 3. Mandatory Employee Leave Contributions The Employer will make mandatory contributions of accrued leave as follows (provide formula for determining Mandatory Employee Leave contributions): lia Accrued Sick Leave I 0 Oio ej t,cft 'o \e. s; c...\(. \ e_o.. \.) E-/d&rr ed s ick. \eo ue.. -"5e_e_ C<ttac..he d''P\o.l'\ ., ~ Accrued Vacation Leave l COZ, a_cc_r-u ed uacat-\'on /a 1'\ f\ ua\ lPa u e.-=. se_e_Q-t\-oched t, Plon '' '"*"' Leave ~ Other (specify type of leave) Accrued '?e..f~OY'a \ ho Vdoy s j banked-G.a:ruad comp+\fl1e_ -- An Employee shall !!Qt. have the right to discontinue or vary the rate of mandatory leave contributions. C. Limits on Total Contributions (check one box) The total contribution by the Employer on behalf of each Participant (including Direct Employer and Mandatory Employee Contributions) for each Plan Year shall not exceed the following limit(s) below. Limits on individual contribution types are defined within the appropriate section above. Agenda Item G7 Attachment 2 Packet Page Number 93 of 270 f::J There is no Plan-defined limit on the percentage or dollar amount of earnings that may be contributed. D % of earnings* *Definition of earnings: D Same as Section VI .A .. D Other D $ for the Plan year. See Section V.B. for a discussion of nondiscrimination rules that may apply to non-collectively bargained self-insured Plans. VII. Vesting for Direct Employer Contributions A. Vesting Schedule (check one box) 1i! The account is 100% vested at all times. D The following vesting schedule shall apply to Direct Employer Contributions as outlined in Section VI.B.l.: Years of Service Completed Vesting Percentage ___ % ___ % ___% ___% ___% ___% ___% ___% ___% ___% B. The account will become 100% vested upon the death, disability, retirement*, or attainment of benefit eligibility (as outlined in Section IX) by a Participant. *Definition of retirement (check one box): ~ Retirement as defined in the primary retirement plan of the Employer -"\Q..f'M iAo+foY\ of= ~ P \oyw.e Yl +t D Separation from service D Other ------------------------------------- C. Any period of service by a Participant prior to a rehire of the Participant by the Employer shall not count toward the vesting schedule outlined in A above. VIII. Forfeiture Provisions Upon separation from the service of the Employer prior to attainment of benefit eligibility (as outlined in Section IX), or upon reversion to the Trust of a Participant's account assets remaining upon the participant's death (as outlined in Section XI), a Participant's non-vested funds shall (check one box): D Remain in the Trust to be reallocated among all remaining Employees participating in the Plan as Direct Employer Contributions for the next and succeeding contribution cycle(s). ~ Remain in the Trust to be reallocated on an equal dollar basis among all Plan Participants. D Remain in the Trust to be reallocated among all Plan Participants based upon Participant account balances. D Revert to the Employer. Agenda Item G7 Attachment 2 Packet Page Number 94 of 270 IX. Eligibility Requirements to Receive Medical Benefit Payments from the VantageCare Retirement Health Savings Plan A. A Participant is eligible to receive benefits: ~ At retirement only (also complete Section B.) Definition of retirement: [] Same as Section VII. B. [] Other ________________________________________________________________ __ [] At separation from service with the following restrictions [] No restrictions D Other ________________________________________________________________ __ [] At age ____ only [] At retirement and age ___ _ (also complete section B) Definition of retirement: [] Same as Section VII.B. [] Other ______________________________________________________________ __ [] At retirement or age ___ _ Definition of retirement: [] Same as Section VII.B. [] Other ________________________________________________________________ _ [] Other, specified as follows (also complete Section B if applicable): -------------------------- B. Termination prior to general benefit eligibility: In the case where the general benefit eligibility as outlined in Section IX.A includes a retirement component, a Participant who separates from the service of the Employer prior to retirement will be eligible to receive benefits: S Immediately upon separation from service. [] At age ----------------- C. A Participant that becomes totally and permanently disabled t)a as defined by the Social Security Administration [] as defined by the Employer's primary retirement plan D other ------------------------------------- will become immediately eligible to receive medical benefit payments from his/her VantageCare Retirement Health Savings Plan account. D. Upon the death of the Participant, benefits shall become payable as outlined in Section XI. Agenda Item G7 Attachment 2 Packet Page Number 95 of 270 X. Permissible Medical Benefit Payments Benefits eligible for reimbursement consist of: 0 All Medical Expenses eligible under IRC Section 213* other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). ~ The following Medical Expenses eligible under IRC Section 213* other than (i) direct long-term care expenses, and (ii) expenses for medicines or drugs which are not prescribed drugs (other than insulin). Select only the expenses you wish to cover under the VantageCare Retirement Health Savings Plan: ~ Medical Insurance Premiums p( Medical Out-of-Pocket Expenses* P?{ Medicare Part B Insurance Premiums ~ Medicare Part D Insurance Premiums ~ Medicare Supplemental Insurance Premiums ~ Prescription Drug Insurance Premiums IX1' COBRA Insurance Premiums ~ Dental Insurance Premiums ~ Dental Out-of-Pocket Expenses* tiC( Vision Insurance Premiums ~ Vision Out-of-Pocket Expenses* IX( Qualified Long-Term Care Insurance Premiums li((' Non-Prescription medications allowed under IRS guidance* 0 Other qualifying medical expenses (describe)* *See Section V.A. for a discussion of nondiscrimination rules which may apply to non-collectively bargained, self-insured Plans. XI. Benefits After the Death of the Participant In the event of a Participa)lt's death, the following shall apply: A. Surviving Spouse and/or Surviving Dependents The surviving spouse and/or surviving eligible dependents (as defined in Section XII. D.) of the deceased Participant are immediately eligible to maintain the account and utilize it to fund eligible medical benefits specified in Section X above. Upon notification of a Participant's death, the Participant's account balance will be transferred into Dreyfus Cash Management fund* (or another fund selected by the Employer). The account balance may be reallocated by the surviving spouse or dependents. ~n investment in the Dreyfus Cash Management money market fund is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although the fund seeks to preserve the value of your investment at $1.00 per share, it is possible to lose money by investing in the fund. Investors should consider the investment objectives, risks, charges, and expenses of the fund carefully before investing. You may visit us at www.icmarc.org or cal!B00-669-7400 to obtain a prospectus that contains this and other information about the fond. Read the prospectus carefully before investing. If a Participant's account balance has not been fully utilized upon the death of the eligible spouse, the account balance may continue to be utilized to pay benefits of eligible dependents. Upon the death of all eligible dependents, the account will revert to the Plan to be applied as specified in Section VIII. Agenda Item G7 Attachment 2 Packet Page Number 96 of 270 B. No Surviving Spouse or Surviving Dependents If there are no living spouse or dependents at the time of death of the Participant, the account will revert to the Plan to be applied as specified in Section VIII. XII. The Plan will operate according to the following provisions: A. Employer Responsibilities 1. The Employer will submit all VantageCare Retirement Health Savings Plan contribution data via electronic submission. 2. The Employer will submit all VantageCare Retirement Health Savings Plan Participant status updates or personal information updates via electronic submission. This includes but is not limited to termination notification and benefit eligibility notification. B. Participant account administration and asset-based fees will be paid through the redemption of Participant account shares, unless agreed upon otherwise in the Administrative Services Agreement. C. Assignment of benefits is not permitted. Benefits will be paid only to the Participant, his/her Survivors, the Employer, or an insurance provider (as allowed by the claims administrator). Payments to an third-party payee (e.g., medical service provider) are not permitted with the exception of reimbursement to the Employer or insurance provider (as allowed by the claims administrator). D. An eligible dependent is (a) the Participant's lawful spouse, (b) the Participant's child under the age of27, as defined by IRC Section 152(f)(l) and Internal Revenue Service Notice 2010-38, or (c) any other individual who is a person described in IRC Section 152(a), as clarified by Internal Revenue Service Notice 2004-79. E. The Employer will be responsible for withholding. reporting and remitting any applicable taxes for payments which are deemed to be discriminatory under IRC Section 105(h), as outlined in the VantageCare Retirement Health Savings Plan Employer Manual. XIII. Employer Acknowledgements A. The Employer hereby acknowledges it understands that failure to properly fill out this Employer VantageCare Retirement Health Savings Plan Adoption Agreement may result in the loss of tax exemption of the Trust and/or loss of tax-deferred status for Employer contributions. B. Jj Check this box if you are including supporting documents that include plan provisions. EMPLOYER SIGNATURE By:~.,e Date: ______:/.f_-_/_b_--=--('""'-3 __ Title: t\urnan Re500 f'Ct!. Coord i no-\or Attest: ~A.. , 'kb---J<. • c Title: 'Sei\ia c Ad \"v'\ l f\ . A 6'7;:, \ 5\ ~V'v-\- Date: ~1 -/ f.o -{ 3 Accepted: VANTAGEPOINT TRANSFER AGENTS, LLC Assistant ecretary, ICMA-RC Agenda Item G7 Attachment 2 Packet Page Number 97 of 270 Agenda Item G7 Attachment #3 RHS PLAN FOR FULL-TIME POLICE OFFICERS 1. Participant & benefit eligibility criteria: Must be full-time employee, no minimum or maximum age and years of service requirement, except as stipulated for eligibility severance pay in current labor agreement. 2. Benefits will be limited to insurance premiums (health, dental, vision & long–term care premiums, Medicare Part B, Medicare Part D, Medicare supplements, other prescription drugs & insurance premiums), and out-of-pocket expenses described as eligible by the IRS. 3. The RHS plan will be funded by severance pay as follows: A) One hundred percent (100%) of eligible severance pay for sick leave and deferred sick leave would be deposited into the RHS plan if the employee is at least age 50 at time of separation. B) One hundred percent (100%) of accrued vacation would be deposited into the RHS plan if the employee’s balance is at least 275 hours and is at least age 50 at time of separation. If under 275 hours or under age 50, nothing would go in. C) One hundred percent (100%) of accrued annual leave would be deposited into the RHS plan if the employee’s balance is at least 80 hours and is at least age 50 at time of separation from service. If under 80 hours or under age 50, nothing would go in. D) One hundred percent (100%) of unused personal holiday and comp time bank would be deposited into the RHS plan. 4. The RHS plan will be funded with annual deposits as follows: A) Employees with vacation time will have the cash value of all vacation hours in excess of the carry-over limit (1.5 times annual accrual) deposited into the RHS plan. B) Employees will have the cash value of all personal holiday hours unused as of December 31, deposited into the RHS plan. Note: This RHS plan may be amended through the proper process at any time. Packet Page Number 98 of 270 Agenda Item G8 1 MEMORANDUM TO: City Council FROM: H. Alan Kantrud, General Counsel and City Attorney, SUBJECT: Resolution Approving State of Minnesota Joint Powers Agreements with the City of Maplewood on Behalf of its City Attorney and police Department DATE: April 19, 2013 INTRODUCTION The State of Minnesota has been systematically digitizing its information as it relates to criminal justice records it obtains, produces and ultimately makes available to its justice partners. The City of Maplewood is one such justice partner and I, as your City Attorney, am considered one in tandem with the City for purposes of administering criminal justice in the County. These JPA’s all speak to that connectivity and the State is requesting that the City Council for each community that serves as a justice partner adopt the attached resolution calling out that partnership and declaring the individuals who shall act as representatives for the City. BACKGROUND For many years the City has worked with the State of Minnesota through its Bureau of Criminal Apprehension (BCA) and Department of Public Safety (DPS). These agencies are storing and clearing houses for many pieces of vitally important information used in the City’s continuous prosecution of criminal activity in its jurisdiction. The DPS, for example, issues and regulates driving privileges in the State and access to their database to determine driver authorization and record history is critical to the enforcement of many of the State’s criminal traffic laws. Similarly, the BCA conducts testing on blood and urine samples provided in the course of DWI enforcement for the City as well and those results are obviously key to effective prosecution of those cases. Access to these records via the growing Criminal Justice Data Communications Network (CJDN) is therefore vitally important for the information to continue to flow seamlessly between the justice partners. The attached resolution authorizes the City to participate in the CJDN via the JPA that the Mayor and Clerk are asked to sign as well. DISCUSSION The JPA’s the City is being asked to enter into really simply serve to formalize the existing relationships the City has with these State-agency-partners. The agreements are five years in duration and make clear(er) what the City’s obligations are viz. the services being provided and include equipment expectations and costs for service. The State also wishes to identify the individuals who will be directly responsible for the information shared by it with the City in case of a breach of trust or possible illegal access of the information and consequently these Agreements do seek to make the parties more accountable for their own actions or lack thereof. Packet Page Number 99 of 270 Agenda Item G8 2 The Police Department, IT department, as well as myself and my admin, have all been working with State agency staff continuously on these and related connectivity issues and initiatives. The ones being presented here have the support of those departments and others will follow. RECOMMENDATION Staff recommends that the Council approve and pass the attached Resolution approving the JPA’s involved in access to the CJDN and appointing the City’s representatives thereto. Attachments: 1. Resolution authorizing City to enter into JPA’s related to access to the State’s CJDN 2. Joint Powers Agreements Packet Page Number 100 of 270 RESOLUT10N NO. RESOLUT:ON APPROVINC STATE OF MiNNESOTA JOINT POWERS ACREEMENTS WITH THE CITY OF ON BEHALF OFITS CiTY Aπ ORNEY AND POLICE DEPARTMENT WHEREAS, the City of on beholf of its Prosecuiing Attorney ond Police Deportment . desires to enter into Joint Powers Agreements with the Siote of Minnesoto, Deportment of Public Sofety, Bureou of Criminol Apprehension to use systems ond tools ovoiloble over the Stote'scriminoljustice doto communicotions network for which the City is eligible. The Joini Powers Agreements further provide the City with the obility to odd, modify ond delete conneciivity, systems ond tools over the five yeor life of the ogreement ond obligoies the City to poy the costsfor ihe network connection NOW, THEREFORE, BE lT RESOLVED by the City Council of Minnesoto os follows: l. Thot ihe Stote of Minnesoto Joint Powers Agreements by ond between the Stote of Minnesotoocting through iis Deportment of Public Sofety, Bureou of CriminolApprehension ond the City of on beholf of its Prosecuting Attorney ond Police Deportmeni, ore herebyopproved. Copies of the two Joint Powers Agreements ore ottoched to this Resolution ond mode o port of it. 2. Thot the _[title].-, _[nome]_, or his or her successor, is designoted the Authorized Represeniotive for the Police Deportment. The Authorized Representotive is olso outhorized to sign ony subsequeni omendment or ogreement thot moybe required by the Stote of Minnesoto to mointoin the City's connection to the systems ond ioolsoffered by the Stote. To ossist the Authorized Representoiive with the odministrotion of the ogreement, Lnome orposiiion nomel is oppoinied os ihe Authorized Representotive's designee. 3. Thot the _[title], _[nome]-, or his or her successor, is designoted the Authorized Representotive for the Prosecuting Attorney. The Authorized Representotive is olso outhorized to sign ony subsequent omendment or ogreement thot moy be required by the Stote of Minnesoto to mointoin the City's connecfion to the systems ond toolsotfered by the Stote. To ossist the Authorized Representotive with the odministrotion of the ogreement, [-nome orposition nomel is oppointed os the Authorized Representotive's designee. the City Clerk, ore outhorized to sign the Stote of Minnesoto Joint Powers Agreements. Possed ond Adopted by ihe Council on this doy of ⊂〕ITY(DF By: [nome of moyor] Its Moyor AΠ EST: By: [nome] Its City Clerk Agenda Item G8 Attachment 1 Packet Page Number 101 of 270 Agenda Item G8 Attachment 2 Packet Page Number 102 of 270 SWIFT Contract # 60426 MN06208lA STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Maplewood on behalf of its Prosecuting Attorney ("Agency"). Recitals Under Minn. Stat. $ 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to exercise their powers. Under Minn. Stat. $ 299C.46 the BCA must provide a criminal justice data communications network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications nefwork pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties. Agency wants to access these data in support of its criminal justice duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement1 Term of Agreement1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. $ 16C.05, subdivision 2.1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. $ 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR $20.30-38 and Minn. Stat. $299C.58, BCA will provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. Agenda Item G8 Attachment 2 Packet Page Number 103 of 270 SWIFT Contract # 60426 MN06208lA 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre- employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at www.dps. state.mn.us/cj dn/. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalogy'default.aspx. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfuing all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 tr'uture access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause T,there must be a method of identiffing which individual users at the Agency conducted a particular transaction. If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA's transaction record meets FBI-CJIS requirements. When Agency's method of access is a computer to computer interface as described in Clause 2.2C,the Agency must keep a transaction record sufficient to satisfu FBI-CJIS requirements and permit the audits described in Clause 7 to occur. Agenda Item G8 Attachment 2 Packet Page Number 104 of 270 SWIFT Contract # 60426 MN062081A If Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Coart information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. $ 299C.46 as specified in this Agreement. The Prosecuting Attorney pays for remote access using [l] key fobs at a rate of $ I 5 per month. The bills are sent annually for the amount of [One Hundred Eighty Dollars] ($ 1 80.00). There is also a $100 fee to replace a key fob which has a three year life. Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authonzed Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 inorder to access and/or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment. Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, orher successor. The Agency's Authorized Representative is Alan Kantrud, City Attomey, 1830 East County Road B, Maplewood, MN 55 1 09, (651) 249-2022, or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignmenr. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and2.7 above must be inwriting and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, or their successors in office.5.3 llaiver.If either parry fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible orliable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. $3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat.Ch.466, govems the Agency's liability. Agenda Item G8 Attachment 2 Packet Page Number 105 of 270 , 7 Audits SWIFT Contract#60426 ⅣN062081A 7.1 Under Minn. Stat. $ 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. $ 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota GovemmentDataPractices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies ofMinn. Stat. $$ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or theBCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rulesof Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. $ 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. A1l parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicablerestrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violationsl sanctions For purposes of this clause, "Individual lJser" means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual lJser's access to systems or tools is to be temporarily orpermanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual lJser's access to BCA without delay. Agenda Item G8 Attachment 2 Packet Page Number 106 of 270 10 SWIFT Contract # 60426 MN06208lA 9.2.2If BCA determines that Agency has jeopardizedthe integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreementfuither provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency'sIndividual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agencv further agrees that if Agency believes that one or more of its Individual Users have violated the terms ofthe Amendment, it will notifu BCA and Court so that an investigation as descnbed in Clause 9.1 may occur. Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federalcourt with competent jurisdiction in Ramsey County, Minnesota. Termination ll-lTermination.TheBCAortheAgencymayterminatethisAgreement atanytime,withorwithoutcause,upon30 days' written notice to the other party's Authorized Representative. ll.2 Terminationfor Insuf/icient Funding. Either party may immediately terminate this Agreement if it does notobtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a levelsufficient to allow for the payment of the services covered here. Termination must be by written notice to the otherparty's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, forservices satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty ifthe agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not toappropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected partyreceiving that notice, Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. GovernmentData Practices; 9. Investigation of alleged violations; sanctions; and lO.venue. 12 Agenda Item G8 Attachment 2 Packet Page Number 107 of 270 SWIFT Contract # 60426 MN06208lA The parties indicate their agreement and authority to execute this Agreement by signing below. 1.STATE ENCUPIBRANCE VERIFICAT10N 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies thatfunds have been encumbered as required CRIMINAL APPREHENSION by Minn. Srdr. $$ 16A.15 and 16C.05. Name: Name:(PRINTED) (PRINTED) Signed: Signed: Date: CFMS Contract No. A- 2. AGENCY Name: (with delegated authority) Date: Title: 4. COM]VIISSIONER OF' ADMINISTRATION delegated to Materials Management Division By: Date: (PRTNTED) Signed: Titlc: (with delegated authority) Date: Name: (PRINTED) Signed: Titlc: (with delegated authority) Date:6Agenda Item G8 Attachment 2 Packet Page Number 108 of 270 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and City of Maplewood on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ("Court") who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 60426, of even or prior date, for Agency use of BCA systems and tools (referred to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access andlor submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires topermit such access andlor submission. This Subscriber Amendment is intended to add Court as aparty to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this SubscriberAmendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain ineffect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Amendment. Any party may terminate this Amendment with orwithout cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, I2.b., l2-c., and 15 through 24shall survive any termination of this Amendment as shall any other provisions which by theirnature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraphT(t) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. ■ Agenda Item G8 Attachment 2 Packet Page Number 109 of 270 a. 66Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: "Court Case Information" means any information in the CourtRecords that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Servicesuser manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. "Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rulesof Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff. e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court.Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendmentby this reference and provide additional terms and conditions that govern Subscriber'suse of Court Records accessed through such services, including but not limited toprovisions on access and use limitations. lV. Agenda Item G8 Attachment 2 Packet Page Number 110 of 270 f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended form time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to timefor updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. "Court" shall mean the State of Minnesota, State Court Administrator's Office. h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made availableby the Subscriber to the Court for the purposes of carrying out this SubscriberAmendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the MasterAuthorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s)shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion ofthe BCA andTor the Court. c. Requests for Termination of One or More Authorized Court DataServices. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA.Promptly upon receipt of a request for termination of a Authorized Court Data Service,the BCA will deactivate the service requested. The termination of one or moreAuthorized Court Data Services does not terminate this Subscriber Amendment.Provisions for termination of this Subscriber Amendment are set forth in section 1. Upontermination of Authorized Court Data Services, the Subscriber shall perform theresponsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and,/or submission of the Court Records shall be limited to Authorized Court DataServices identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Servicesshall only be used according to the instructions provided in corresponding Policies & Notices or Agenda Item G8 Attachment 2 Packet Page Number 111 of 270 other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber's duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential tnformation to Subscriber's bona fide personnel whose use or access is necessary to effect the purposesof this Subscriber Amendment, and to advise each individual who is permitted use of andTor access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who ispermitted use of and/or access to Court Confidential lnformation to acknowledge inwriting that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment andlor CJDN Subscriber Agreement, whichever is longer, and shall providethe Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section I of this Agreement, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security ofCourt Confidential lnformation shall survive the termination of this SubscriberAmendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. Agenda Item G8 Attachment 2 Packet Page Number 112 of 270 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Progtams, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a, Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner andlicensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interestin or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks "Iv[NICIS" and "Odyssey." d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any wayor for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which wasknown to Subscriber prior to Subscriber's receipt thereof, either directly or indirectly,from Court or its licensors, information which is independently developed by Subscriberwithout reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorizedto access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its Agenda Item G8 Attachment 2 Packet Page Number 113 of 270 licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright orproprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or umy part thereof, made available by Court directly or through the BCA, ifany, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or throughthe BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court DataServices Databases, and related documentation, including but not limited to training andconfiguration material, if any, and logon account information and passwords, if any,made available by the Court to Subscriber directly or through the BCA and all copies,including partial copies, thereof are and remain the property of the respective licensor.Except as expressly provided in section 12.b., within ten days of the effective date oftermination of this Subscriber Amendment or the CJDN Subscriber Agreement or withinten days of a request for termination of Authorized Court Data Service as described insection 4, Subscriber shall either: (i) uninstall and return any and all copies of theapplicable Court Data Services Programs and Court Data Services Databases, and relateddocumentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing iothe Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court'slicensors, and DCA will be irreparably harmed if Subscriber's obligations under this SubscriberAmendment are not specifically enforced and that the Court, Court's licensors, and DCA wouldnot have an adequate remedy at law in the event of an actual or threatened violation bySubscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, andDCA shall be entitled to an injunction or any appropriate decree of specific performance for anyactual or threatened violations or breaches by Subscriber or its bona fide personnel without thLnecessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court'slicensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expresslyprovided herein, each party will be responsible for its own acts and the results thereof to thLextent authorized by law and shall not be responsible for the acts of any others and the resultsthereof. Liability shall be governed by applicable law. Without limiting the foregoing, liabilityof the Court and any Subscriber that is an office, officer, agency, department, diviJion, or bureauof the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Agenda Item G8 Attachment 2 Packet Page Number 114 of 270 Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court andlor the BCA. The Court reserves theright to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber setforth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber usingAuthorized Court Data Services. Upon failure of the Subscriber to comply with suchpolicies, the Court shall have the option of immediately suspending the Subscriber'sAuthorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fidepersonnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall alsomaintain a log identifying all persons to whom Subscriber has disclosed its CourtConfidential Security and Activition Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimumperiod of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptlyprovide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnelhaving access to or use of Authorized Court Data Services, Court ConfidentialInformation, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records.7Agenda Item G8 Attachment 2 Packet Page Number 115 of 270 d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, setforth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuantto section 3 of this Amendment or upon the initial Subscriber transaction as defined in thePolicies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes,if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are notpaid within 30 days of the date of the invoice, the Court may immediately cancel this Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publicationof the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Amendment as provided in section t hereof. 15。 WARRANTY DISCLAIPIERS. ao WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN,COURT,COURT'S LICENSORS, AND DCA MAKE NO Id〕PuSENTATIONS OR WARRANTIES OF ANY KIND,INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PLIRPOSE OR ⅣIERCHANTABILITY,NOR ARE ANY WARRANTIES TO BE IPIIPLIED,WITH RESPECT TO THE INFORPIATION,SERVICES OR COMPUTER PROGRANIS ⅣIADE AVAILABLE UNDER THIS AGMEMENT. b. ACCURACY AND COPIPLETENESS OF INFORIIAT10N.WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT,COURT'S LICENSORS,AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR CONIIPLETENESS OF THEINFORPIATION CONTAMD IN THE COURT RECORDS.8Agenda Item G8 Attachment 2 Packet Page Number 116 of 270 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAMR. The failure by ary party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law orin equity, or to exercise any option herein provided, shall not constitute a waiver of suchprovision, remedy or option or in any way affect the validity of this Subscriber Amendment. Thewaiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible forfailure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid,illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefitof the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its perfornance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions Agenda Item G8 Attachment 2 Packet Page Number 117 of 270 of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies thatfunds have been encumbered as CRIMINAL APPREHENSION κ `“ J″″妙νj″″Sraム §§16A15 and 16C 05 Namc:(PRINttED) (PRINTED) Signed: Signed: Date:(with delegated authority) Date: 2.SUBSCRIBER(AGENCY) 4. COⅣIMISS10NER OF ADPIINISTRAT10N Subscriber rnust attach written veriflcation of dclcgatcd to Materials ManagementI)ivislon authority to sign on bchalfof and bind the entity, such as an opinion ofcounsel or resolutiollL By:_ Namc:Date: (PR!NTED) Sヽ VIFT Contract No Name: 5. COURTS Authority granted to Bureau of Criminal Apprchcnsion Name: (PRINTED) Signed: Title: (with authorized authority) Date: Signed: Title: (with delegated authority) Date: Name: (PRINTED) Signed: (with delegated authority) Date: ■0Agenda Item G8 Attachment 2 Packet Page Number 118 of 270 Agenda Item G8 Attachment 2 Packet Page Number 119 of 270 Agenda Item G8 Attachment 2 Packet Page Number 120 of 270 Agenda Item G8 Attachment 2 Packet Page Number 121 of 270 Agenda Item G8 Attachment 2 Packet Page Number 122 of 270 Agenda Item G8 Attachment 2 Packet Page Number 123 of 270 Agenda Item G8 Attachment 2 Packet Page Number 124 of 270 Agenda Item G8 Attachment 2 Packet Page Number 125 of 270 Agenda Item G8 Attachment 2 Packet Page Number 126 of 270 Agenda Item G8 Attachment 2 Packet Page Number 127 of 270 Agenda Item G8 Attachment 2 Packet Page Number 128 of 270 Agenda Item G8 Attachment 2 Packet Page Number 129 of 270 Agenda Item G8 Attachment 2 Packet Page Number 130 of 270 Agenda Item G8 Attachment 2 Packet Page Number 131 of 270 Agenda Item G8 Attachment 2 Packet Page Number 132 of 270 Agenda Item G8 Attachment 2 Packet Page Number 133 of 270 Agenda Item G8 Attachment 2 Packet Page Number 134 of 270 Agenda Item G8 Attachment 2 Packet Page Number 135 of 270 Agenda Item G8 Attachment 2 Packet Page Number 136 of 270 Agenda Item G8 Attachment 2 Packet Page Number 137 of 270 Agenda Item G8 Attachment 2 Packet Page Number 138 of 270 Agenda Item G8 Attachment 2 Packet Page Number 139 of 270 Packet Page Number 140 of 270 Packet Page Number 141 of 270 Packet Page Number 142 of 270 Packet Page Number 143 of 270 Packet Page Number 144 of 270 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Approval of Resolution Reducing Retainage on Existing Construction Contract, Western Hills Area Street Improvements, City Project 10-14 DATE: April 18, 2013 INTRODUCTION The construction contract with T.A. Schifsky and Sons, Inc. for the Western Hills Area Street Improvements (City Project 09-15) is mostly complete. The contractor has requested, by written notice, a reduction in contract retainage from 1% to 0.1%. The City Council will consider the attached resolution authorizing reduction of the contract retainage. BACKGROUND On May 9, 2011, the City Council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $5,406,359.31. The following change orders have been approved by the City Council: Change Order #1: $29,307.90 Approved 7/11/2011 Change Order #2: -$54,634.80 Approved 8/22/2011 Total Change Order: -$25,326.90 The revised approved awarded construction contract total is $5,381,032.41. DISCUSSION The contractor has fulfilled their entire obligation to punch list items and other required project contract work. The contractor has agreed to perform additional sod replacement in the project area outside of the standard warranty period at the contract unit pricing. This sod was originally installed as part of the project, but died well out of the standard warranty period due to the drought conditions experienced in 2012. This sod replacement is scheduled to occur in May of 2013. A reduction in contract retainage to 0.1% is justified based on the amount of completed work. BUDGET IMPACT An adjustment in retainage does not increase or decrease the total approved contract amount. No contract or budget adjustments are needed. Agenda Item G10 Packet Page Number 145 of 270 RECOMMENDATION It is recommended that the City Council approve the attached resolution directing the City Engineer to reduce retainage on the existing construction contract for City Project 10-14 to 0.1%. Attachments: 1. Resolution 2. Location Map 3. Contractor Letter Agenda Item G10 Packet Page Number 146 of 270 RESOLUTION DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 10-14 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 10-14, Western Hills Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schfisky and Sons, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 1% to 0.1%. Adopted by the council on this 29th day of April, 2013 Agenda Item G10 Attachment 1 Packet Page Number 147 of 270 Agenda Item G10 Attachment 2 Packet Page Number 148 of 270 2370 E. Hwy 36 ● North St. Paul, MN 55109 Phone: 651-777-1313 ● Fax: 651-777-7843 Retainage Reduction Re: Western Hills Area Street Improvement, City Project 10-14 Date: 04.16.13 Project #: 11-013 Article 3. Contract Time Location: City of Maplewood Re: Retainage Reduction Jon Jarosch- T.A. Schifsky & Sons is requesting the re-tainage be reduced to 0.1% for the next pay application. Thank you, Jon Hager & Rob Stangler T.A. Schifsky & Sons, Inc. Agenda Item G10 Attachment 3 Packet Page Number 149 of 270 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Public Works Director/City Engineer SUBJECT: Approval to Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, TH 36/English Street Interchange Improvements, City Project 09-08 DATE: April 19, 2013 INTRODUCTION The City Council will consider approving the attached resolution directing the modification of the existing construction contract for the TH 36/English Street Interchange Improvements, City Project 09- 08. BACKGROUND The council awarded a construction contract to Forest Lake Contracting, Inc. for the Trunk Highway 36/English Street Interchange Improvements, City Project 09-08 on January 28, 2013 in the amount of $16,577,185.42. There have been no change orders to date. DISCUSSION Minor Extra Work Order #1 – Advance Warning Flasher There is an existing advance warning flasher system on westbound TH 36 to notify motorists of the signal system at TH 36 and English Street. The contract includes the removal of this advance warning flasher system as it will no longer be necessary once the signal system is removed and the interchange construction is complete. MnDOT has requested that the Contractor maintain this advance warning flasher system during the project construction. To maintain this system during construction, the Contactor will need to make modifications to this system and its power source. The Contractor submitted additional costs for labor, equipment, and materials necessary for these modifications. Minor Extra Work Order #1 will be funded by Federal and/or State funds. Minor Extra Work Order #2 – Water Main Casing The contract includes the construction of 16-inch water main under TH 36 on the east side of English Street. MnDOT requires that all water main crossings on trunk highways be enclosed in a steel casing. The plans identified a 24-inch steel casing for this water main crossing; however it was determined that a 16-inch water main requires a 30-inch steel casing. The contractor submitted additional material costs to increase the steel casing size from 24-inch to 30-inch. Minor Extra Work Order #2 will be funded by City funds that will then be reimbursed by St. Paul Regional Water Services (SPRWS). Agenda Item G11 Packet Page Number 150 of 270 Minor Extra Work Order #3 – Water Utility Hole Excavation The contract includes water main construction on various roadways throughout the project area. SPRWS is responsible for the temporary water system required to maintain water service to property owners during construction. SPRWS has requested that the Contactor assist them with the excavation required to make connections from the existing water main and water services to the temporary system. The Contractor submitted costs for equipment and labor to perform 10 water utility hole excavations for these connections. Minor Extra Work Order #3 will be funded by City funds that will then be reimbursed by St. Paul Regional Water Services (SPRWS). Minor Extra Work Order #4 – Xcel Energy Costs The contract includes the reconstruction of the Bruce Vento Trail Bridge over TH 36. Xcel Energy has already relocated their overhead utility as necessary to facilitate the permanent construction in this area; however MnDOT and the Contractor determined that additional overhead power lines needed to be temporarily relocated due to the construction necessary for the north bridge abutment. Since only a temporary relocation is required for this construction, Xcel Energy requires that the cost for this work be paid as a part of the project. The Contractor will pay Xcel Energy and the Contractor will be reimbursed through the project contact. Minor Extra Work Order #4 will be funded by Federal and/or State funds. A summary of the costs included in Change Order No. 1 are as follows: Minor Extra Work Order #1 – Advance Warning Flasher $ 6,976.00 Minor Extra Work Order #2 – Water Main Casing $13,236.65 Minor Extra Work Order #3 – Water Utility Hole Excavation $17,470.00 Minor Extra Work Order #4 – Xcel Energy Costs $ 9,655.72 Net Contract Increase $47,338.37 BUDGET Approval of Change Order No. 1 will increase the project construction contract amount by $47,338.37 from $16,577.185.42 to $16,624,523.79. No adjustment to the approved $23 million budget is needed. RECOMMENDATION Staff recommends that the City Council approve the attached Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, for the Highway 36/English Street Interchange Improvements, City Project 09-08. Attachments: 1. Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 2. Change Order No. 1 Agenda Item G11 Packet Page Number 151 of 270 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 09-08, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-08, Highway 36/English Street Interchange Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 09-08, Change Order No. 1. 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 Order No. 1 which is an increase of $47,338.37. The revised contract amount is $16,624,523.79. Adopted by the Maplewood City Council on this 29th day of April 2013. Agenda Item G11 Attachment 1 Packet Page Number 152 of 270 Page 1 of 1 CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORKS PROJECT NAME: Highway 36/English Street Interchange Improvements PROJECT NO: City Project 09-08, S.P. 138-010-018, S.P. 138-010-012, S.P. 138-104-008, S.P. 138-110-004, S.P. 138-153-001, S.P. 138-153-001, S.P. 138-154-001, S.A.P. 062-625-036 CONTRACTOR: Forest Lake Contracting, Inc. CHANGE ORDER NO.: One (1) DATE: April 19, 2013 The following changes shall be made in the contract documents: ADD BID SCHEDULE CO #1 – CHANGE ORDER NO. 1 Item Unit No. Item Description Unit Quantity Price Amount 1 Minor Extra Work Order #1 LS 1 $6,976.00 $6,976.00 2 Minor Extra Work Order #2 LS 1 $13,236.65 $13,236.65 3 Minor Extra Work Order #3 LS 1 $17,470.00 $17,470.00 4 Minor Extra Work Order #4 LS 1 $9,655.72 $9,655.72 TOTAL SCHEDULE CO #1 $47,338.37 TOTAL NET CHANGE ORDER NO. 1 $47,338.37 CONTRACT STATUS: Original Contract: $16,577,185.42 Net Change of Prior Change: $0.00 Change this Change Order: $47,338.37 Revised Contract: $16,624,523.79 Recommended By: Minnesota Department of Transportation By: Date: Agreed to By: Forest Lake Contracting, Inc. By: Date: Approved By: City of Maplewood By: Date: Mayor By: Date: City Engineer Agenda Item G11 Attachment 2 Packet Page Number 153 of 270 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Public Works Director Steve Love, Assistant City Engineer SUBJECT: Approval to Enter into Contract for the Installation of Water Services, Rice Street Improvements, Project 11-28 DATE: August 29, 2012 INTRODUCTION The City Council will consider authorizing the Public Works Director to enter into a contract for the installation of water services to three properties along Rice Street within the City of Maplewood. Since this contract is anticipated to exceed $20,000 and to be less than $100,000, written quotations are being obtained. Additionally the City Council with consider authorizing the Public Works Director to reimburse the City of Roseville for the installation of a water service, to a property along Rice Street within the City of Maplewood, through a City of Roseville contract. BACKGROUND On January 9, 2012 the City Council ordered the preparation of a feasibility report for pavement surface, signal, utility improvements to Rice Street from County Road B to Larpenteur Avenue, and to extend water service to four properties in the City of Maplewood that currently are without access to the public water system. Shortly after the City Council approved the feasibility study Ramsey County was contacted by Xcel Energy about a future project. Xcel Energy’s project consists of the replacement of approximately 11.5 miles of gas transmission line during the 2013 – 2016 construction seasons. The existing gas transmission line to be replaced within the City of Maplewood runs along the west edge of Rice Street between County Road B and Larpenteur Avenue. The proposed work will have a significant impact on the west lanes of Rice Street. Ramsey County chose to delay their improvement project until additional information could be provided as to the extent of Xcel Energy project. In early February, Ramsey County again looked to see if they would be able to proceed with their improvements to Rice Street with Xcel Energy’s project scheduled to begin in the spring of 2013. Ramsey County determined that it will be better to delay the improvements to Rice Street until sometime after the completion of Xcel Energy’s project. Xcel Energy is planning on beginning construction of their project on Rice Street on May 20, 2013 (see attached Xcel Energy Information Sheet). The City has been coordinating with Saint Paul Regional Water Services (SPRWS) and the City of Roseville on how best to provide water service to the properties at 1820, 1986, 2000, and 2020 Rice Street (see attached location map). SPRWS and the City of Roseville have agreed that the best way to provide water service to these properties is to extend water services from the City of Roseville’s water system located on the west side of Rice Street. Xcel Energy’s work will involve the removal and replacement of Rice Street’s west boulevard, the existing bituminous trail, and potentially a portion of the west side of Rice Street. City staff is recommending that the water service installation work be done prior to the start of Xcel Energy’s gas transmission line work. This will reduce the amount of restoration work for the City of Maplewood and will help avoid the need to remove areas freshly restored by Xcel Energy. Agenda Item G12 Packet Page Number 154 of 270 Roseville’s existing water main lies approximately 5 feet west of the existing gas transmission line on the west side of Rice Street. The road cross-section of Rice Street consists of a bituminous pavement layer on top of a concrete pavement layer. Therefore, staff recommends a non-intrusive method (e.g. directional drilling) for the installation of the water services. This will reduce the cost of installing the water services by eliminating the need to remove and to replace sections of Rice Street. Additionally, by using non-intrusive methods, instead of the open trench method of installation, the time to complete the water service installation work will be reduced. This will make it feasible for the contractor to complete the water service installation work prior to May 20, 2013. This is due to eliminating the time needed to cut an open trench across Rice Street and to reconstruct the pavement cross-section. There is an existing bituminous trail in the west boulevard of Rice Street that will be impacted by both the water service work and Xcel Energy’s gas transmission line work. Xcel Energy is planning on building a new trail for the City of Roseville as part of their restoration work. By completing the proposed water service work prior to Xcel Energy’s work, the City will not be responsible for the restoration of the bituminous trail. The City of Roseville has sent out a request for quote (RFQ) for the installation of new water main along the west side of Rice Street south of Center Street. This work will include the construction of a new water main loop for the City of Roseville and the installation of a 6” water service to the property at 1820 Rice Street (located within the City of Maplewood). BUDGET IMPACT The City of Maplewood has sent out an RFQ for the installation of the three water services to six contractors. Contractors are required to submit their quotes to the City of Maplewood by April 26, 2013. Due to the limited window to install the proposed water services, staff is recommending the City Council to authorize the Public Works Director to enter into a contract for the installation of three water services with the qualified contractor who has the lowest submitted quote for Maplewood’s RFQ. The Public Works Director will evaluate the received quotes on the basis of the contractor’s ability to complete the work within the available timeframe, past performance, technical expertise, and cost. The estimated cost for the installation is $20,000 per water service. Therefore, the total estimated cost for installing the three water services included in Maplewood’s RFQ is $60,000. The cost for these three water services will be initially paid for by the City of Maplewood with funds borrowed from the Sewer Fund. The property owners will be given the option of paying after the completion of work or at the time of connection. The City of Roseville, through their RFQ, will pay for the construction of their water main and the extension of the water service to the property at 1820 Rice Street (located within the City of Maplewood). Roseville will bill the City of Maplewood for the water service installation. This cost is estimated at $20,000 and will be initially paid for by the City of Maplewood with funds borrowed from the Sewer Fund. The property owner of 1820 Rice Street will be given the option of paying for the water service after the City of Maplewood has reimbursed the City of Roseville or at the time of connection. The City of Roseville is currently in the process of obtaining quotes for construction of a new water main on the west side of Rice Street south of Center Street and the extension of a water service to the property of 1820 Rice Street (located within the City of Maplewood). It is recommended the City Council authorize the Public Works Director to reimburse the City of Roseville for the installation of the water service to the property at 1820 Rice Street. City of Maplewood staff will work with each of the four property owners on the location of the proposed water services and payment options. Agenda Item G12 Packet Page Number 155 of 270 RECOMMENDATION Based on the review of the received quotes by the Public Works Director for the installation of three water service to properties located within the City of Maplewood, staff recommends that the City Council authorize the Public Works Director to enter into a contract for the installation of three water services to the properties of 1986, 2000, and 2020 Rice Street. It is further recommended that the City Council authorize the Public Works Director to reimburse the City of Roseville for costs associated with the extension of a water service to the property at 1820 Rice Street. The total estimated cost for these four connections is $80,000 which will eventually be reimbursed by the property owners. Attachments 1. Xcel Energy’s Informational Sheet 2. Water Service Location Maps Agenda Item G12 Packet Page Number 156 of 270 Introduction Xcel Energy owns and operates about 11 ½ miles of gas transmission line in the cities of St. Paul and Roseville. These lines are the backbone of the gas delivery system in the East Metro area, serving around 100,000 homes and businesses. The existing compression-coupled lines were originally installed in the 1940s and 1950s. We plan to replace those lines over the next four years to ensure the integrity and reliability of the system. Project benefits The replacement pipe will contain stronger steel than the pipe currently in place and new sections will be welded rather than coupled. The new lines also will be equipped with provisions to enable use of advanced assessment technology to help ensure the integrity and reliability of the system. In addition, remote control valves will be installed to improve gas delivery efficiency—especially during peak use days. The improvement also will give system operators greater capability to isolate a pipeline in the event of an emergency and reduce the impact on customers. Cost and schedule The replacement project represents about a $56.5 million investment. It will be executed over a four-year period starting in 2013 with up to 4 1/2 miles of gas main replaced in any given year. The work is being done in phases from approximately May through October of each year to complete tie-ins before winter and avoid gas delivery interruptions during the heating season. Construction The majority of the work will involve removal of the existing pipeline and placing the new main in the same trench; however there are a few locations where the new line will be directionally drilled and the existing main retired in place. Construction activity will require some digging in streets, but we will work with local authorities to minimize traffic interruptions and we will restore affected areas to their original condition. Our inspections indicate the integrity of our existing compression- coupled transmission lines is sound. We’ve scheduled the pipeline replacement project to ensure future reliability and enable more effective in-line inspections and pressure testing, which aren’t available on the existing lines. The East Metro Gas Pipeline Replacement Project Project is reflective of our overall plan to upgrade our energy delivery infrastructure across the system, much of which was built during the post World War II growth boom. Where and when construction will occur • 2013 – Rice St. & County Rd. B to Park St. & Rose Ave. • 2014 – Pleasant Ave. & St. Albans St. to Lexington Pkwy. & Montreal Avenue • 2015 – Rose Ave. & Park St. to Pleasant Ave. & St. Albans St. • 2016 – Montreal Ave. & Edgcumbe Rd. to Elway St. & Shepard Rd. Pleasant Ave & St. Albans St. to Randolph Ave. & James Ave. East Metro Gas Pipeline Replacement Project INFORMATION SHEET MINNESOTA Contact our Community Relations Managers: If you are a St. Paul property owner contact: John Marshall 651-229-2230 If you are a Roseville property owner contact: Colette Jurek 651-458-1228 Agenda Item G12 Attachment 1 Packet Page Number 157 of 270 xcelenergy.com | © 2012 Xcel Energy Inc. | Xcel Energy is a registered trademark of Xcel Energy Inc. | Northern States Power Company-Minnesota, an Xcel Energy Company. | 12-12-007 | 11/2012 Printed on recycled paper. N St. Paul 94 35E 35E 35E 35E 5 61University Ave W Larpenteur Ave W Maryland Ave W Rice StreetSummit Ave Construction Year: 2013 2014 2015 2016 Park Street Line Route Description 1. Rice Street from County Road B to Larpenteur Ave 2. Larpenteur Ave from Rice St to Albemarle St 3. Albemarle St from Larpenteur Ave to Arlington Ave 4. Arlington Ave from Albemarle St to Sylvan St 5. Sylvan St from Arlington Ave to Maryland Ave 6. Maryland Ave from Sylvan St to Park St 7. Park St from Maryland Ave to Rose Ave 8. Park St from Rose Ave to Sherburne Ave 9. Sherburne Ave from Capitol Blvd to Saint Albans St 10. St Albans St from Sherburne Ave to Pleasant Ave Island Line Route Description 1. From Pleasant Ave and St Albans St intersection to Michigan St and Webster Ave (I35E Crossing) 2. Michigan St from Webster Ave to Duke St 3. Duke St from Michigan St to James Ave 4. James Ave from Duke Street to Island Station Montreal Line Route Description 1. Pleasant Ave from St Albans St to Victoria St 2. Victoria St from Pleasant Ave to Pleasant Ave 3. Pleasant Ave from Victoria St to Chatsworth St 4. Chatsworth St from Pleasant Ave to Armstrong Ave 5. Armstrong Ave from Chatsworth St to Pleasant Ave 6. Pleasant Ave from Armstrong Ave to mid-block between Bayard Ave and Scheffer Ave 7. I35E crossing from mid-block between Bayard Ave and Scheffer Ave to Pleasant Ave and Scheffer Ave intersection 8. Pleasant Ave from Scheffer Ave to Otto Ave 9. Lexington Ave from Otto Ave to Montreal Ave 10. Montreal Ave from Edgcumbe Rd to Elway St 11. Elway St from Montreal Ave to Benson Ave Agenda Item G12 Attachment 1 Packet Page Number 158 of 270 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 505.1 THIS MAP IS NOT TO BE USED FOR NAVIGATION 1: NAD_1983_HARN_Adj_MN_Ramsey_Feet 505.1252.54 Legend 3,030 Enter Map Description Notes 0 Feet County Offices City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Cities Agenda Item G12 Attachment 2 Packet Page Number 159 of 270 ??????????????")") ") ") ") ") ") !(!( ’› #* #* #*??!( !( G!. Prepared by:Engineering Department Data Sources and Contacts:* Ramsey County GIS Base Map (3/04/13)* City of Roseville Engineering DepartmentFor further information regarding the contents of this map contact:City of Roseville, Engineering Department,2660 Civic Center Drive, Roseville MN DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided. ´0 30 60 90 120 Feet Rice Street Watermain Construction April 15, 2013 mapdoc: CenterStreet_RiceWatermain.mxdmap: CenterStreet_RiceWatermain.pdf 1"=60' CENTER STREET RICE STREETSEE DETAIL G!.Roseville Hydrant Gate Valve!( G!.Private Hydrant Sanitary Pipe !(Sanitary Manhole?Roseville Watermain St. Paul Watermain Private Watermain Proposed Watermain Parcel City Boundary City Storm Pipe Drainage Catch Basin Storm Manhole Inlet/Outlet Pond??") !( #* ’› Agenda Item G12 Attachment 2 Packet Page Number 160 of 270 Item G-13 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: April 24, 2013 RE: Resolution Accepting Donation to the Human Relations Commission from the Wells Fargo Foundation Introduction A donation of $258.00 was received from Wells Fargo Foundation to be allocated to the Human Relations Commission for their annual Student Art Contest. The Contest was open to School Districts 622, 623 and 624 and to homeschooled students. The deadline for submissions to the Contest was April 19th and 29 submissions were received. Winners will be invited to an Awards Presentation Ceremony on May 14, 2013 at the Maplewood Human Rights Commission Meeting held at City Hall. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. Consideration Approve the following resolution accepting the donation of $285 from Wells Fargo Foundation to be allocated to the Human Rights Commission for prizes to be awarded for the Student Art Contest. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Human Rights Commission has received a donation of $285.00 for the purposes of awarding prize amounts to winning participants for their Student Art Contest. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood Human Rights Commission to accept this donation. Packet Page Number 161 of 270 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 162 of 270 Agenda Item I1 MEMORANDUM TO: City Council FROM: R. Charles Ahl, Assistant City Manager H. Alan Kantrud, General Counsel SUBJECT: Ramsey County Regional Rail Authority Purchase Agreement DATE: April 19, 2013 INTRODUCTION Approximately 10 years ago the City of Maplewood began the process of re-aligning County Road D and connecting it from TH 61 to White Bear Avenue and contemporaneously the City was also incubating the Legacy Village development in the area of County Road D and Hazelwood. As part of the Legacy Village project, The City was advised that to make the Legacy Village Project work it would need an alternative route into the Legacy Village area. By definition this meant creating the corridor from TH 61 to White Bear Avenue. One of the roadblocks to all this was the existence of the railbed that was owned by the Burlington Northern San Francisco rail line (BNSF). Their ownership dealt directly into the ROW that the City needed. That corridor bisected the proposed roadway that would be and is the “new” county road D. Contemporaneously, the acquisition by the County and/or Ramsey County Regional Rail Authority (RCRRA) of the railbed was being discussed as well. The discussions between the County and BNSF faltered in the wake of the City moving forward with its road project. Discussions about purchasing the railbed then shifted from a ‘want’ by the County to a ‘need’ by the City of Maplewood. And so the City of Maplewood bought the property as part of its realignment project. BACKGROUND This issue has been brought before the Council several times in the past 6 years as developments arise and progress is made. Attached for your background is a very comprehensive chronology provided by Assistant City Manager R. Charles Ahl that explains how the City has finally arrived at this point. The City has control of this corridor and the County has an easement for its trail on it. The final piece of this project is the sale of the under-lying rail-bed to the RCRRA. DISCUSSION As the attached report from Mr. Ahl points out, the Legacy Village project lead the way for the acquisition of this railbed in the first place. The County/RCRRA had always been interested in acquiring the property for its future transit and trail needs as well. The stoppage was the purchase-price. Since the County and BNSF were at loggerheads about the parcel, but the City of Maplewood had a different agenda about the parcel, the City agreed to purchase the land and would then negotiate with the County itself. The City and RCRRA initially agreed to agree to a full purchase of the railbed if they could come to an agreement on the purchase price as well as clear some title issues. While neither party Packet Page Number 163 of 270 agreed to a purchase-price, per se, they agreed to engage each other in “good faith” negotiations. That agreement did not yield a purchase agreement and that date of “engagement” expired at the end of 2007. The City had many other issues going at the time that the engagement expired and very little ‘marketing’ of City-property was being conducted. Discussions with the Rail Authority after 2007 occurred, albeit only sporadically. The Authority, primarily at the insistence of the County Attorney assigned to it, maintained that they could not purchase the property until there was a guarantee that the railroad (BNSF) would not or could not “re-commission” or renew rail service on the parcel, post-acquisition. The City maintained that not only had the railroad affirmatively abandoned their “right” to renew service in the Deed it provided, but the City had also by this time cleared the matter officially with the National Surface Transportation Board (NSTB) for the transfer of all rights to the City. About the time that the RCRRA eased its concerns regarding title, another issue arose that had to do with the railroad and the MnDOT, not the County. When the MnDOT built interstate 694, they were forced to deal with the presence of the BNSF rail that historically ran through the area. Consequently, they were forced to elevate the railbed that bisected their right of way, hence the bridge span that goes over the highway to this day carrying the railbed from one side of the highway (I 694) to the other; and all of which is part of the ‘sale’ to the City of Maplewood and correspondingly to the RCRRA. While all of this is straightforward enough for purposes of the RCRRA, there were and are issues that relate to the property that had to be addressed. The problem was two-fold. First, a ‘maintenance agreement’ (the Agreement) regarding the bridge was missed back when the BNSF sold to the City that needed to be assigned to the City. Second, the MnDOT wanted the Agreement revisited and restated and the RCRRA wanted to make sure its needs were met and it would not be subject to any surprises once the agreement was assigned to them. As part of the negotiations between the RCRRA and City, the Agreement as written was a major roadblock to negotiating a deal. That Agreement notwithstanding, all parties have worked the past into the present with respect to the Agreement and its ‘restatement;’ a process that has spanned about two years, and has finally been accepted by the City and is in acceptable, assignable, form to the County/Rail Authority. When this matter last came before the Council it was recommended that staff continue to negotiate with the Rail Authority to obtain the best price possible for the parcel. After lengthy negotiation, the parties have come to a proposal that culminates in the attached purchase agreement, which contemplates that the Rail Authority will pay $400,000.00 for the parcel. As has been explained in the attached memo, the City knew at the time of the purchase from the BNSF that it was at the mercy of the railroad in terms of price and reluctantly agreed to pay for the parcel at the railroad’s appraised value. Certainly at some point in the value-arc going on at the time it could be argued that the City may have been able to come close to remunerating itself through sale of the parcel, but the market for old rail-grade, without more, has never been robust. So with the market having “adjusted” back to values not seen for 10 years, the City is now being asked to sell for the value that the parcel may have truly had. Packet Page Number 164 of 270 The City will have an ongoing obligation to the RCRRA if all parties enter into this Agreement and ultimately consummate the sale of the property that you should be aware of: 1. The City had to work with Xcel Energy to move a NG line as part of the road project. The County and City propose to have the City pay for any relocation costs that are occasioned by any projects proposed by RCRAA that force a move of the line. 2. If the City elects to remove the old bridge structure still existing at approximately Hazelwood and County Road D, the City shall bear all costs for that and if the Rail Authority wishes to see it removed for whatever reason, it shall bear the costs of removal. These are issues that have been contemplated by staff and that are deemed acceptable under the circumstances. The property is perhaps valuable on a square-foot basis at a rate much greater than the offer, but the way the property lays makes it much less valuable were the City to attempt to market it on the open market. RECOMMENDATION Staff recommends that the Council approve the attached Purchase Agreement for the sale of the property contemplated to the RCRRA. Attachments: A) Purchase Agreement between the City of Maplewood and the RCRRA B) Memo from R. 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The City of Maplewood acquired this property from the Burlington Northern Railroad [BNSF] as part of the construction of the realignment of County Road D. An agreement on the terms of a sale, the condition of the legal nature of the property, nor the final valuation was never accomplished during 2007 or 2008. RCRRA has agreed to re- open negotiations for a possible sale. Discussion/Background The overall project and extension of County Road D was an extremely long and complex process. In a concise description, the City approved the Legacy Village proposal and one of the findings of the environmental study was the need for extending a new connection as an alternative to Beam Avenue to access the area. Those discussions began in 2002 and 2003. The key issue became the railroad, which was active only as a method to provide a transformer to the Xcel Substation. The transformer is so large that it cannot cross under or over certain bridges. A long process was followed in 2003 that allowed the transformer to be transported along various overland routes from the main rail line in northern White Bear Lake to the Maplewood substation, including going up the 694 ramps, closing the freeway, and then back down the other ramp. This process resulted in a multi-party/multi-agency agreement. That agreement paved the way to begin negotiations with BNSF and Minnesota Commercial Railroad, the operator of the rail spur in the Maplewood that we wished to abandon. To make another two year process short, that abandonment resulted in the City being in a position to purchase the right of way from BNSF. That right of way acquisition became the biggest hurdle to the Legacy Village project approvals and progression to development. The City Attorney did not believe that the City maintained a clear process for condemnation of a railroad right of way, which is part of federal and state law that dates back to the 1850’s. Thus, we needed to work cooperatively with BNSF and Minnesota Commercial. Their position was that Maplewood needed to purchase the entire rail spur from Beam Avenue to just north of 694. And, more importantly, they would only sell at their appraised price. Maplewood would take the offer or leave it. At the same time as the BNSF negotiations were occurring, we determined that Ramsey County Parks had a federal grant to build a trail on the railroad right of way from Beam Avenue to Buerkle Road in White Bear Lake that was due to expire [sunset] at the end of 2005. The original negotiations were for RCRRA to purchase the right of way directly from BNSF, but they were unable to reach an agreement. Packet Page Number 226 of 270 Agenda Item I1 Attachm ent 2 RAMSEY COUNTY REGIONAL RAIL NEGOTIATIONS PAGE TWO In July 2005, an agreement was executed between the City of Maplewood, the Ramsey County Board [for Ramsey County Parks], Burlington Northern Railroad, Minnesota Commercial Railroad, Xcel Energy, and Ramsey County Regional Rail Authority that provided for the purchase of the right of way by Maplewood from BNSF, construction of the trail by Maplewood for Ramsey County Parks and an option for Ramsey County Regional Rail to purchase any remaining railroad right of way from Maplewood. The agreement specifically states that Ramsey County Regional Rail agrees to negotiate for purchase of the rail road right of way in good faith until June 30, 2006, or the City could purse selling the right of way to other entities. It is clear in the agreement that RCRRA has no obligation to purchase the right of way. A request from RCRRA extended the June 2006 date to December 2006 and another request from RCRRA extended that date to December 2007. In July 2006, during the height of negotiations, the City of Maplewood discontinued the contract with the City Attorney’s office of Patrick Kelly. Mr. Kelly and his staff had extensive involvement in the process of preparing the property for re-sale as well as negotiating with RCRRA. I am not aware, nor does the City have any files on negotiations that occurred between Maplewood and RCRRA from August 2006 to February 2008. During that period of time, the Director of RCRRA retired. Beginning in March 2008, Maplewood staff began initiating discussions with the new RCRRA staff; as well, City Attorney Alan Kantrud began to investigate the remaining legal issues. Representatives from MnDOT also began discussions on the status of the abandonment, the sale and property acquisition issues. Numerous documents from the 1960’s regarding maintenance, freeway construction where the railroad passed over I-694 and the old County Road D – BNSF Railroad bridge historical nature were investigated. Following is information on the costs incurred for the right of way purchase: Cost Summary - December 5, 2005 Maplewood Costs Xcel Energy Easements on South Corridor $ 59,000 South Corridor (include County Road D easement) $ 1,256,070 Payment for Ties and Rail $ 40,469 North Trail Property $ 86,130 Minnesota Commercial Staff Time Reimbursement $ 5,000 Xcel Energy Power Line Relocation $ 94,200 SHPO/STB Issues $ 79,550 Maplewood Legal & Admin. Costs $ 10,000 Total $ 1,630,419 Packet Page Number 227 of 270 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 228 of 270 Item J1 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: April 23, 2013 SUBJECT: Approve New Intoxicating Liquor License Manager for Champps of Maplewood Introduction Wesley Kenton Issacs has submitted an application to assume the on-sale intoxicating liquor license manager responsibilities for Champps of Maplewood, 1734 Adolphus Street. Background A background check was conducted on Mr. Isaacs and nothing has been identified in the background check that would prohibit him from assuming the manager responsibilities for Champps of Maplewood. Acting Chief Kvam met with Mr. Isaacs to discuss measures to eliminate the sale of alcoholic beverages to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. Consideration It is recommended that the City Council approve Mr. Issaacs as the on-sale intoxicating liquor license manager for Champps of Maplewood. Packet Page Number 229 of 270 MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager SUBJECT: 3M Company Environmental Assessment Worksheet— Consider a Finding of No Negative Environmental Impact for a Proposed Research and Development Building at 3M Center DATE: April 23, 2013 INTRODUCTION The firm of TKDA, representing 3M Company, is requesting that the city council conclude that there is no need for the applicant to conduct an environmental impact statement for their proposed building construction project. The attached memorandum by TKDA and the Record of Decision, Findings of Fact and Conclusions Report suggest that all matters of possible environmental effects of the building project “are not significant and can be mitigated by avoiding, minimizing or mitigating for the effects, for example, through the use of best management practices that will minimize or mitigate for potential stormwater impacts, and by moving the existing bus stop that would be affected by the project to a new location.” Please refer to the attached memorandum from Sherri Buss, of TKDA, the Record of Decision, Findings of Fact and Conclusions Report and the resolution. RECOMMENDATION Adopt the resolution approving the Findings of Fact, Conclusions and Record of Decision for the 3M Company Research and Development Building Environmental Assessment Worksheet. This approval makes the determination that there is no significant environmental impact and no need for 3M Company to conduct an environmental impact statement for this building construction project. p:36\3M Building Proposal NE McKnight and Conway\CC Meeting to Determine no significant env affect 4 29 13 te Attachments: 1. Memorandum from Sherri Buss of TKDA dated April 22, 2013 2. Record of Decision, Findings of Fact and Conclusions Report 3. Resolution Agenda Item J2 Packet Page Number 230 of 270 Packet Page Number 231 of 270 Packet Page Number 232 of 270 Packet Page Number 233 of 270 Packet Page Number 234 of 270 Packet Page Number 235 of 270 Packet Page Number 236 of 270 Packet Page Number 237 of 270 Packet Page Number 238 of 270 Packet Page Number 239 of 270 Packet Page Number 240 of 270 Packet Page Number 241 of 270 Packet Page Number 242 of 270 Packet Page Number 243 of 270 Packet Page Number 244 of 270 Packet Page Number 245 of 270 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Public Works Director SUBJECT: Approval of Joint Powers Agreement with the City of Lake Elmo for Shared Engineering and Construction Services DATE: April 19, 2013 INTRODUCTION The City Council will consider the approval of a joint powers agreement (JPA) with the City of Lake Elmo for shared services. BACKGROUND / DICSUSSION Representatives from Lake Elmo and Maplewood have been discussing the possibility of partnering on an upcoming state aid road construction project planned for 2013 in Lake Elmo. Lake Elmo contracts out its engineering services to FOCUS Engineering and they need to secure a full-time construction inspector this year to oversee day to day activities for the subject project. As you know Maplewood delayed its 2013 neighborhood street reconstruction project making one of our Senior Engineering Technicians available. Maplewood is familiar with State Aid projects and can help successfully deliver this project for Lake Elmo due to the one year work reduction in our department because of the delayed Maplewood project. The staff looks forward to this new and exciting partnership with the City of Lake Elmo and its contracted engineering consultant team. Lake Elmo will take official action on this item at their meeting on May 7. PROJECT BUDGET Lake Elmo will pay an amount of 1.75 times the base salary for those that work on this project, namely a Senior Engineering Technician, plus reimburse Maplewood for vehicle use. All financial decisions would be made within approved operating budgets. The Finance Manager has reviewed this agreement and this partnership will be a positive to the general fund. RECOMMENDATION It is recommended that the City Council approve the Joint Powers Agreement with the City of Lake Elmo for shared services and authorize the mayor and city manager to execute said agreement. Furthermore, minor adjustments to the agreement, if needed prior to obtaining signatures, are hereby authorized to be made by the City Attorney. Attachments 1. Joint Powers Agreement Agenda Item J3 Packet Page Number 246 of 270 1 JOINT POWERS AGREEMENT FOR THE UTILIZATION OF ENGINEERING SUPPORT STAFF BY THE CITY OF LAKE ELMO AND THE CITY OF MAPLEWOOD THIS AGREEMENT entered into by and between the CITY OF MAPLEWOOD (“MAPLEWOOD”), a Minnesota municipal corporation, and the CITY OF LAKE ELMO (“LAKE ELMO”), a Minnesota municipal corporation, is effective upon the execution of this Agreement by the named officers of both cities. RECITALS WHEREAS, LAKE ELMO and MAPLEWOOD provide engineering and technical support services for their communities; and WHEREAS, LAKE ELMO has a need for additional construction observation services from time to time; and WHEREAS, MAPLEWOOD has Engineering support staff and other technical employees that are able to provide the services required by LAKE ELMO; and WHEREAS, Minnesota Statute 471.59 authorizes political subdivisions of the State to enter into Joint Powers Agreements for the joint exercise of powers common to each, and also authorizes one of the parties to an agreement to exercise powers on behalf of another party. NOW, THEREFORE, it is mutually stipulated and agreed to as follows: 1. SERVICES. A. MAPLEWOOD shall provide to LAKE ELMO construction observation services and related technical services for LAKE ELMO’S Keats MSA Street and Trunk Agenda Item J3 Attachment 1 Packet Page Number 247 of 270 2 Watermain Improvements project to be constructed in 2013, and at such times as are agreed to pursuant to Provision 1D below. B. This contract is intended to be a service contract between the two Cities. It is expressly understood that the MAPLEWOOD will be acting as an independent contractor to LAKE ELMO . The parties agree that a MAPLEWOOD employee providing services under this contract to LAKE ELMO (“Assigned Worker”) shall remain an employee of MAPLEWOOD and shall not be an employee of LAKE ELMO. C. MAPLEWOOD shall be solely responsible for compensating the Assigned Worker(s) engaged in providing construction observation and related technical services under this Agreement, including any overtime wages incurred, as well as any insurance or employee benefits provided under the policies or agreements of MAPLEWOOD. In addition, MAPLEWOOD shall be solely responsible for training, workers’ compensation, reemployment insurance benefits, and other employee related laws, including OSHA, ERISA, RLSA, and FMLA. MAPLEWOOD shall retain the sole authority to control the Assigned Worker(s), including the hiring, discipline, and termination of said Assigned Worker(s). D. LAKE ELMO and MAPLEWOOD shall coordinate the scheduling of services to be performed under this Agreement through their respective City Manager/Administrator, or the City Manager/Administrator’s designee. No service shall be provided unless both Cities approve the performance of such service. E. Each Assigned Worker will be under the direct supervision of MAPLEWOODfor the purpose of performance review and any discipline related issues. Agenda Item J3 Attachment 1 Packet Page Number 248 of 270 3 It is understood that while the Assigned Worker is providing services for LAKE ELMO, the Assigned Worker will be under the work direction of the LAKE ELMO City Engineer or his or her Designee. LAKE ELMO shall notify MAPLEWOOD of any and all complaints about the services rendered by an Assigned Worker and cooperate in the documentation, investigation, and resolution of the same in any manner. F. All costs related to training, licensing, equipment, and other matters concerning the professional development of the Assigned Worker(s) necessary to provide services contemplated by this Agreement shall be borne by MAPLEWOOD. 2. PAYMENT. LAKE ELMO will compensate MAPLEWOOD for services rendered in the amount of 1.75 times the hourly base salary of the Assigned Worker(s) times the number of hours worked by such Assigned Worker(s). Overtime rate will remain at the hourly base times the multiplier. Mileage to and from the jobsite and upon the jobsite shall be compensated at a rate of $0.565 per mile. . LAKE ELMO shall make monthly payments, upon presentation of a monthly billing equal to costs incurred for that month. 3. INDEMNIFICATION. MAPLEWOOD agrees to assume sole liability for any negligent or intentional acts of its Assigned Worker(s) while performing the assigned duties within the jurisdiction of LAKE ELMO. Each City agrees to indemnify, defend, and hold harmless the other from any claims, causes of action, damages, loss, cost or expenses including reasonable attorney's fees resulting from or related to the actions of the indemnifying City, its officers, agents or employees in the execution of the duties outlined in this Agreement. Nothing in this agreement shall constitute a waiver of Agenda Item J3 Attachment 1 Packet Page Number 249 of 270 4 the statutory limits on liability set forth in Minnesota Statutes Chapter 466 or a waiver of any available immunities or defenses. 4. TERMINATION, SEVERABILITY. A. This Agreement may be terminated at any time by either City, with or without cause, by giving the other City written notice of such termination at least sixty (60) days prior to the date of such termination. The date of termination shall be stated in the notice. B. Upon termination, any and all records or property of the respective Cities will be returned to the City who is the owner of such records or property within 3 days. C. This Agreement is governed by the laws of the State of Minnesota. D. In the event that any provision of this Agreement is held invalid, the other provisions remain in full force and effect. 5. REVISIONS TO AGREEMENT. Both parties acknowledge that modifications to this Agreement may be necessary to ensure an effective, on-going working relationship. To that end, LAKE ELMO and MAPLEWOOD shall use their best efforts to ensure the viability of this Agreement into the future. However, any alterations, variations, modification, or waivers of provisions to this Agreement will only be valid when they have been reduced to writing and duly signed by both parties hereto. 6. NOTICES. Any notice to be given by either party upon the other under this Agreement shall be properly given: a) if delivered personally to the City Manager of the other City, or b) if mailed to the other City by United States registered or certified mail, return receipt requested, postage prepaid, addressed in the manner set forth below. Agenda Item J3 Attachment 1 Packet Page Number 250 of 270 5 If to Lake Elmo: City of Lake Elmo Lake Elmo City Hall 3800 Laverne Avenue N Lake Elmo, MN 55042 Attn: City Administrator Agenda Item J3 Attachment 1 Packet Page Number 251 of 270 6 If to Maplewood: City of Maplewood Maplewood City Hall 1830 County Road B East Maplewood, MN 55109 Attn: City Manager Notices shall be deemed effective on the date of receipt if given personally, or on the date of deposit in the U.S. mails if mailed. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 7. COMMENCEMENT DATE. This Agreement shall commence on the date that the party who signs this Agreement last signs this Agreement. Agenda Item J3 Attachment 1 Packet Page Number 252 of 270 7 IN WITNESS WHEREOF, the Cities of MAPLEWOOD and LAKE ELMO have caused this Agreement to be duly executed on the day and year entered below. Dated: _______________ CITY OF MAPLEWOOD By: ___________________________ Will Rossbach Its Mayor By: ____________________________ James W. Antonen Its City Manager Dated: _______________ CITY OF LAKE ELMO By: ________________________ By: _________________________ Agenda Item J3 Attachment 1 Packet Page Number 253 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation AGENDA REPORT TO: City Manager, Jim Antonen FROM: IT Director, Mychal Fowlds Chief Building Engineer, Larry Farr SUBJECT: Consider Receiving Quotes and Awarding Construction Contract – Police Department Expansion Phase 2 DATE: April 1, 2013 Introduction The City Council approved Police Department Expansion Project Phase 2 at the March 11, 2013 City Council meeting to be funded by the Police Department Expansion Fund. Phase 2 involves the migration of the City data center along with the migration of the Investigations division from the Police wing to what is currently referred to as the City Hall side. Background Staff has been working with Larry Koch and Gayle Mack from SEH on the layout details and finalized plans for the project areas. Once the plans were finalized SEH proceeded with project details and going out to bid as approved by council for this project, following city policy and procedures. The 8 bids received were opened and recorded on April 11, 2013 at 9:00 A.M. in the Council Chambers. The base bids ranged from $359,000 to $539,780. SEH reviewed the qualifications of the low bidder, Weber, Inc., and found them to be satisfactory for the project and have provided a letter of recommendation. Budget Impact From the Police Department Expansion Fund, $359,000 will be allocated with the award of this bid. The architects estimate for this project was roughly $480,000 so staff is very satisfied with the bids received. Recommendation Staff is recommending that the City Council award the low bid of $359,000 for Police Department Expansion Phase 2 to Weber, Inc. Action Required Submit to City Council for review and approval. Packet Page Number 254 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Police Department Phase 2 Bidder List Police Department Expansion Project Phase #2 Maplewood, Minnesota Bid Date: 9:00 a.m., Thursday, April 11, 2013 Bidder 5% Bid Bond Bid Amount Blackdew X $413,000 American Liberty X $439,000 Market X $433,000 Derau Construction X $399,000 Con Results X $539,780 JScates X $417,000 Meisinger X $426,800 Weber X $359,000 Packet Page Number 255 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 256 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 257 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 258 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 259 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 260 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 261 of 270 Agenda Item K1 Attachment 1. Police Department Phase 2 Bidder List 2. Weber, Inc. Bid Form & Bid Bond 3. SEH Letter of Contractor Recommendation Packet Page Number 262 of 270 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 MEMORANDUM TO: Mychal Fowlds, IT Director Larry Farr, Director of Facilities City of Maplewood FROM: Gayle Mack, Assoc. AIA SEH Inc - Architecture DATE: April 2, 2013 RE: Reference Review for Weber Companies SEH No. MAPLE 121636 14.00 Gentlemen, I am writing to provide an overview of the comments from the references contacted for Weber Companies. Weber is the apparent low bidder for the Police Expansion Phase 1A Project. This is the project which creates offices in the existing east Storage Room of the Public Works Building. Five references were provided and contacted. The references were each for a project type similar to this scope and size. The comments are summarized individually as follows: Municipal/Government Project References 1. Engineering Staff person, City of South St. Paul, MN: “I have worked with Steve Weber on a $250,000 stand alone toilet room/storage building at Veteran’s Field. The project went real well; including he follow-up and timing. He had to hurry to complete the job.” 2. Project Manager, State of Minnesota: “Weber Construction was the contractor for the First Floor Lobby Improvements at Centennial Hall. He (Weber Construction) had turnover in his office…..we had three project managers during the duration of the project….for such a small project it was difficult and we had extra clean-up every morning. He was hard to get a hold of. It was a fire protection project.” Commercial Project References 3. Facility Manager, BLN Office Park: “They do great work for us. We have them construct tenant build-outs. They communicate well. They ask questions when necessary….” 4. Facility Manager, Hoigaard Village: “I have worked with Steve Weber for twenty years. He stands behind his work. I would recommend him.” Packet Page Number 263 of 270 Reference Review for Weber Companies April 2, 2013 Page 2 5. Manager, Willowstone Office Park: “Yes …Weber Construction has done all our work….They built the building, the expansion and all of the office spaces.” Attachment c: Larry Koch, AIA s:\ko\m\maple\121636\0-121636 park&rec\6-const-contracts\m-reference_040113_weber.docx Packet Page Number 264 of 270 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer / Public Works Director SUBJECT: East Metro Public Safety Training Center, City Project 09-09 1) Resolution Receiving Bids and Awarding Contract for Burn Equipment Supplier 2) Resolution Authorizing Payment to the City of Oakdale for Purchasing Reclaimed Base Material DATE: April 24, 2013 INTRODUCTION The City Council previously authorized advertisement for bids for Bid Packages 3, 4 and 5 including authorizing advertisement for bids for a gas-fired burn equipment supplier on March 25, 2013. Advertisement for bids for the burn equipment began on April 3, 2013 and the bid opening took place at 10:00 a.m. April 24, 2013. The award of bid will be considered by the council. The City of Oakdale, a key partner in the East Metro project, is completing a street reconstruction project in 2013 that will result in approximately 4,000 cubic yards of excess reclaimed pavement base material being available for purchase at a reduced cost to the East Metro project. The City Council will consider authorizing the purchase of the material from the City of Oakdale which would result in an overall project cost savings. BACKGROUND The project has been in the planning stages for several years and in 2012 was presented to and discussed with the City Council, Environmental and Natural Resources Commission, Community Design Review Board and Planning Commission. The project is located at 1881 Century Avenue North at the intersection of Trunk Highway 120 and 34th Street North (TH 5). PROJECT SCHEDULE The overall project is currently on schedule to be completed in the fall of 2013. At this April 29, 2013, meeting, council will consider awarding the contract for the burn equipment supplier and authorizing payment for the purchase of pavement base material. Bids and contract awards for construction of the burn buildings (Bid Package 5) and site improvements (Bid Package 3) are anticipated in May and June 2013. Construction is anticipated from late June through October with installation of the gas-fired burn equipment in the burn house planned for late fall. DISCUSSION The feasibility study anticipated three bid packages to complete the facility construction that were described in the June 25, 2012, Council Agenda Report. As design work progressed it became apparent that savings in costs and schedule could be realized by separating the building and site construction work into three separate bid packages: Agenda Item K2 Packet Page Number 265 of 270 Bid Package 3 Site Civil, Utilities, Traffic Signal, Marshlands Bid Package 4 Simulation and Training Building Bid Package 5 Burn House and Training Tower Bid Packages 3 and 5 are planned to be completed in 2013, with Bid Package 4 being delayed until additional funding is available. The Project Steering Committee made this adjustment in construction phasing relative to the previous plan to better focus the available funding resources on the most critical training equipment: the burn house and burn tower. Awarding the contract for the burn equipment supplier includes authorizing the Steering Committee to direct the supplier to deliver up to five burn props that will be installed in the burn house. Because each equipment supplier has unique requirements for the building layout and mechanical/electrical system design, the burn equipment supplier is also required to provide input into the final building details. The burn house and tower will be advertised for bids following final plan development by the burn equipment supplier and SEH. Regarding the partnership with Oakdale, the East Metro project needs an estimated 3,500-4,000 cubic yards (CY) of Class 6 base material. Oakdale bid their 2013 street reconstruction project with a bid alternate for the contractor to haul to, and stockpile the base material at, the East Metro site. The low bidder for the project bid a price of $6.28/CY for the estimated 4,000 CY of material for a total cost of $25,120. The estimated cost of this material would typically be on the order of $20.00 to $25.00/CY. Authorizing payments to the City of Oakdale for the purchase of 4,000 reclaimed base (Class 6) material will allow the East Metro project to save an estimated $55,000 to $75,000. This action also supports the City’s sustainability goals by reusing local construction materials and reducing the overall environmental impacts by reducing the number of truck trips and distances for material hauling. Payments are anticipated as the material is delivered and material quantities are confirmed. BUDGET The City has a total estimated budget of $4,335,000 for the Phase 1 work including a $3,000,000 grant from the State of Minnesota to design and construct a significant portion of the proposed improvements and $450,000 grant from the Ramsey County Environmental Response. The following is a summary of the proposed financing plan: FUNDING ITEM FUNDING SOURCE AMOUNT 1 STATE BONDING BILL GRANT $3,000,000 2 RAMSEY CO ERF GRANT $450,000 3 CITY EUF FUND $250,000 4 CITY CIP FUND $250,000 5 EAST METRO JPA – SPECIAL ASSESSMENT $175,000 6 MNDOT/MSA STREET ACCOUNT $55,000 7 ST PAUL REGIONAL WATER SERVICES (WATER MAIN LOOP) $55,000 8 SANITARY SEWER FUND $50,000 9 ST PAUL WAC FUND $50,000 TOTAL PHASE 1 $4,335,000 Agenda Item K2 Packet Page Number 266 of 270 The preliminary cost estimate for the full list of five propane gas burn props was $690,000. Bids shown below were received from two qualified suppliers that included a total cost for the five individual props. Bidder Total Kidde Fire Trainers $496,810 Fire Blast 451 $627,978 The project Steering Committee will be working with the selected supplier to finalize the burn building plans and specifications and selection of the specific burn props to install in Phase 1. The budget impact will be up to the total bid price of $ 496,810. Staff will be reviewing the submitted bids prior to the council meeting to confirm that all bidding requirements have been met. The cost of the Class 6 reclaimed base material to be purchased from Oakdale is $25,120. Payments will be made following the delivery of material to the site and confirmation of the quantities. Both items are within the project budget. RECOMMENDATION It is recommended that the City Council approve the attached resolutions for the East Metro Public Safety Training Center, City Project 09-09, Awarding the Contract to Kidde Fire Trainers for Supplying the Gas Fired Burn Equipment and Authorizing Payment to the City of Oakdale for Reclaimed Base Material. Attachments: 1. Resolution Awarding Contract for the Burn Equipment Supplier 2. Resolution Authorizing Payment to the City of Oakdale for Reclaimed Base Material Agenda Item K2 Packet Page Number 267 of 270 RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Kidde Fire Trainers in the amount of $ 496,810.00, is the lowest responsible bid for supplying and delivering the gas-fired burn equipment for the East Metro Public Safety Training Center: Bid Package 5 – City Project 09-09, and the mayor and clerk 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 council. Adopted by the council on this 29th day of April, 2013. Agenda Item K2 Attachment 1 Packet Page Number 268 of 270 RESOLUTION AUTHORIZATION FOR PAYMENT TO THE CITY OF OAKDALE FOR RECLAIMED BASE MATERIAL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the City of Maplewood will reimburse the City of Oakdale for the costs of delivering reclaimed base material to the East Metro Public Safety Training Center in the amount of up to $25,120.00, and the Mayor and Clerk are hereby authorized and directed to make payments as necessary to the City of Oakdale 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 council. Adopted by the council on this 29th day of April, 2013. Agenda Item K2 Attachment 2 Packet Page Number 269 of 270 Agenda Item N1 AGENDA REPORT TO: City Council FROM: Chuck Bethel, City Attorney for HR/Labor Relations SUBJECT: Performance Review/Retirement Discussion regarding the City Manager DATE: April 23, 2013 INTRODUCTION/SUMMARY As you know, Jim Antonen, our City Manager, has now completed his fourth year of service and has indicated that he will be retiring soon. I am providing you with a performance review styled in the same manner as the form you used last year, with two additional changes. First, the review provides you with the option of preparing a verbal analysis and response in lieu of a written analysis and response. Second, a new section has been added regarding transition planning. to allow you the opportunity to discuss and evaluate issues that have arisen and will continue to arise regarding the City’s transition to a new City Manager and Mr. Antonen’s performance to date with regard to those issues, and your expectations regarding his future performance in this area. Further, as permitted pursuant to the Minnesota Data Practices Act, specifically, Minnesota Statute 13D.05, the City may close the meeting to implement this process. The meeting must stay open however, if Mr. Antonen requests it. At the next open meeting, the Council should then summarize its conclusions RECOMMENDATION: Close the meeting and use the review forms provided to review Mr. Antonen’s performance, and then summarize your conclusions at the next open meeting. Packet Page Number 270 of 270