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Home My WebLink About2015 03-09 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 9, 2015 City Hall, Council Chambers Meeting No. 05-15 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL Mayor’s Address on Protocol: “Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. 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 February 23, 2015 City Council Workshop Minutes 2. Approval of February 23, 2015 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Recognition of Don Regan, Recipient of Northwestern Financial Review Business Award 2. Approval of the 2014 Sustainability Annual Report 3. Approval of the 2014 Environmental and Natural Resources Commission Annual Report 4. Approval of the 2014 Community Design Review Board Annual Report 5. Approval of the 2014 Code Enforcement Annual Report 6. Gateway Corridor Project Update, Project 14-05 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 Agreement for Use of Harvest Park for the 2015 Susan G. Komen Twin Cities 3-Day Event 3. Approval of a Temporary Lawful Gambling Permit for Carver Elementary PTO 4. Approval of a Temporary Lawful Gambling Permit for Minnesota Waterfowl-East Metro Chapter 5. Approval of Contract Partnership Agreement between the City of Maplewood and Cherrywood Pointe 6. Approval of the Spring Clean Up 7. Approval of Waterfest Sponsorship 8. Approval of Resolution Supporting Dedicated State Funding for City Streets 9. Disposal of Fire Department Vehicles and Miscellaneous Equipment 10. Update on Removal/Sale of Unneeded Office Furniture H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS 1. Approval of Contract Partnership Agreement between the City of Maplewood and the YMCA J. NEW BUSINESS 1. Approval of Liquor License Manager for Rainbow Foods, Paula A. Thoreson 2. Tennis Sanitation’s Annual Recycling Performance Review a) Approval of the 2014 Recycling Report b) Approval of the 2015 Recycling Work Plan 3. Approval of a Transfer Agreement with Comcast and Midwest Cable/Greatland Connections and Approval of a Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Franchisee and Cable Television System From Comcast to Greatland Connections 4. Union Negotiations Discussion – Police Sergeants (No Report) a) Intent to Close Meeting (§ 13D.03) K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update N. COUNCIL PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 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. E1 February 23, 2015 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, February 23, 2015 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 5:05 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Absent C. APPROVAL OF AGENDA Councilmember Abrams moved to approve the agenda as submitted. Seconded by Councilmember Cardinal Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Katie Engman, Ramsey County Tobacco Coalition City Clerk/Citizen Services Director Haag gave the staff report and introduced Katie Engman with the Ramsey County Tobacco Coalition. Ms. Engman introduced her colleague Alicia Leisenger then gave the presentation on Youth Access, State Electronic Cigarette Retail Requirements, Local Level Regulation on Electronic Cigarettes and Flavored Cheap Tobacco. 2. MCC/YMCA Partnership Discussion Parks & Recreation Director Konewko introduced Shane Hoefer, Executive Director of the White Bear Area YMCA and White Bear Lake Area Schools YMCA Aquatic Center; he then gave the staff presentation and answered questions of the council. Mr. Hoefer addressed the council to give additional information and answer questions of the council. Packet Page Number 1 of 171 E1 February 23, 2015 City Council Workshop Minutes 2 3. Presentation of Policing Plan Police Chief Schnell introduced the presentation and introduced members of the police department; Sergeant Michael Nye, Sergeant Kevin Johnson, Detective Alesia Metry, Officer Bill Sypniewski, and Officer Todd Langner. Sergeant Nye gave presentations on Reduce and Solve Crime, Increase Public Safety, Increase Public Confidence in Policing, Provide the Best Service & Value for the Money, and Theft from Auto. Sergeant Kevin Johnson gave a presentation on Traffic Safety. Detective Metry gave a presentation on Domestic Violence. Officer Sypniewski and Office Langner gave the presentation on Quality of Life. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 7:00 p.m. Packet Page Number 2 of 171 E2 February 23, 2015 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, February 23, 2015 Council Chambers, City Hall Meeting No. 04-15 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m. by Mayor Slawik. Mayor Slawik introduced Mike Funk, who was recently hired as the Human Resource Director/Assistant City Manager for the City. B. PLEDGE OF ALLEGIANCE A foreign French exchange student and Char Wasiluk, former councilmember led the council and audience in the pledge of allegiance. C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Absent D. APPROVAL OF AGENDA The following items were added to the agenda. N1 Ramsey County Dispatch Policy N2 Green Team N3 MCC Multi Cultural Event N4 Cable Commission Update N5 TAB Update N6 Rush Line and Gateway Councilmember Juenemann moved to approve the agenda as amended and table item J7 until the March 9, 2015 City Council Meeting. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of February 9, 2015 City Council Workshop Minutes Councilmember Cardinal moved to approve the February 9, 2015 City Council Workshop Packet Page Number 3 of 171 E2 February 23, 2015 City Council Meeting Minutes 2 Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of February 9, 2015 City Council Meeting Minutes Councilmember Abrams moved to approve the February 9, 2015 City Council Meeting Minutes as submitted. Seconded by Councilmember Cardinal Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Approval of Resolution Awarding 2014 Maplewood Heritage Award Mayor Slawik read and presented Carolyn Peterson with the 2014 Maplewood Heritage Award Resolution. Councilmember Juenemann moved to approve the Resolution for the 2014 Maplewood Heritage Award to Carolyn Peterson. Resolution 15-2-1170 AWARDING THE 2014 MAPLEWOOD HERITAGE AWARD TO CAROLYN PETERSON WHEREAS, Carolyn Peterson has been a member of the Maplewood Area Historical Society for several years, and served as Vice President of the Society from 2009-2010; and WHEREAS, during her time with the Maplewood Area Historical Society, Carolyn Peterson served as co-chair for the Friends of the Bruentrup Farm Committee, working tirelessly to secure funding and helping to preserve the Bruentrup Heritage Farm buildings; and WHEREAS, Carolyn Peterson was an advocate for the preservation of open space in Maplewood in the late 1980’s and the 1990’s and served on the City’s Open Space Committee. Her work with others helped lead to the passage of a bonding referendum for open space acquisition, and today over 300 acres of natural lands are part of the city’s Neighborhood Preserve system, a legacy that showcases examples of Maplewood’s historic landscapes; and WHEREAS, Carolyn Peterson served on the Maplewood Parks and Recreation Commission from 1993 to 2011, and during her tenure was especially effective in ensuring ongoing protection and management for the Neighborhood Preserves; and WHEREAS, in recent years Carolyn Peterson advocated for acquisition and preservation of the Fish Creek Open Space, an important archeological site in Packet Page Number 4 of 171 E2 February 23, 2015 City Council Meeting Minutes 3 Maplewood, meeting with residents, city officials and legislators, resulting in acquisition and protection of the Fish Creek site; and WHEREAS, the Heritage Preservation Commission has appreciated her experience, hard work, and perseverance; and WHEREAS, Carolyn Peterson has freely given of her wisdom, time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Carolyn Peterson has shown dedication 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 Carolyn Peterson 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. Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of Resolution of Appreciation for Mary Jackson, Accounting Technician for 18+ Years of Service with the City of Maplewood Finance Director Bauman read the resolution of appreciation for Mary Jackson, Accounting Technician. Councilmember Juenemann moved to approve the Resolution of Appreciation for Mary Jackson for her 18 plus years of service with the City of Maplewood. Resolution 15-2-1171 RESOLUTION OF APPRECIATION WHEREAS, Mary Jackson has been an employee of the City of Maplewood for over 18 years, beginning her employment back in July 1996, and has served faithfully in that capacity; and WHEREAS, the City of Maplewood has appreciated her experience, insights, good judgment and hard work within the Police, Community Development and Finance Departments; and WHEREAS, Mary Jackson has given of her knowledge, skills and abilities during her service with the City; and WHEREAS, Mary Jackson has shown dedication to her duties and has consistently contributed her skills and efforts for the benefit of the City and its citizens. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Mary Jackson is hereby extended our gratitude and appreciation for over 18 years of dedicated service. Packet Page Number 5 of 171 E2 February 23, 2015 City Council Meeting Minutes 4 Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Approval of Resolution of Appreciation for Connie Kelsey, Payroll Coordinator for 33 Years of Service with the City of Maplewood Finance Director Bauman read and presented a resolution of appreciation for Connie Kelsey. Councilmember Juenemann moved to approve the Resolution of Appreciation for Connie Kelsey for her 33 years of service with the City of Maplewood. Resolution 15-2-1172 RESOLUTION OF APPRECIATION WHEREAS, Connie Kelsey has been an employee of the City of Maplewood for 33 years, beginning her employment back in February 1982, and has served faithfully in that capacity; and WHEREAS, the City of Maplewood has appreciated her experience, insights, good judgment and hard work within the City Clerk, Public Works and Finance Departments; and WHEREAS, Connie Kelsey has given of her knowledge, skills and abilities during her service with the City; and WHEREAS, Connie Kelsey has shown dedication to her duties and has consistently contributed her skills and efforts for the benefit of the City and its citizens. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Connie Kelsey is hereby extended our gratitude and appreciation for her 33 years of dedicated service. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of Resolution of Appreciation for Beth Ulrich Mayor Slawik read the resolution of appreciation for Beth Ulrich. Councilmember Juenemann moved to approve the Resolution of Appreciation for Commissioner Beth Ulrich for her years of service on the Housing & Redevelopment Authority Commission, the Business & Economic Development Commission and the Housing & Economic Development Commission. Resolution 15-2-1173 RESOLUTION OF APPRECIATION Packet Page Number 6 of 171 E2 February 23, 2015 City Council Meeting Minutes 5 WHEREAS, Beth Ulrich has been a member of the Maplewood Housing and Economic Development Commission since December 10, 2012 and has served faithfully in that capacity to the present time; and WHEREAS, Ms. Ulrich was also a member of the Housing and Redevelopment Authority since May 22, 2000 and the Business and Economic Development Commission since March 1, 2010; and WHEREAS, the Housing and Economic Development Commission has appreciated Ms. Ulrich’s experience, insights and good judgment; and WHEREAS, Ms. Ulrich has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Ulrich has shown sincere dedication to her duties and has consistently contributed her 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 Beth Ulrich is hereby extended our gratitude and appreciation for her dedicated service. Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of Resolution of Appreciation for Gary Kloncz Mayor Slawik read the resolution of appreciation for Gary Kloncz. Councilmember Juenemann moved to approve the Resolution of Appreciation for Commissioner Gary Kloncz for his years of service on the Housing and Economic Development Commission. Resolution 15-2-1174 RESOLUTION OF APPRECIATION WHEREAS, Gary Kloncz has been a member of the Maplewood Housing and Economic Development Commission since December 12, 2011 and has served faithfully in that capacity to the present time; and WHEREAS, the Housing and Economic Development Commission has appreciated Mr. Kloncz’s experience, insights and good judgment; and WHEREAS, Mr. Kloncz has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Kloncz 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 Gary Kloncz is hereby extended our Packet Page Number 7 of 171 E2 February 23, 2015 City Council Meeting Minutes 6 gratitude and appreciation for his dedicated service. Seconded by Councilmember Abrams Ayes – All The motion passed. 6. Oath of Office for Police Officers Andrew Zappa and Pam Vang Police Chief Schnell introduced Police Officer Pam Vang and Police Officer Andrew Zappa. City Clerk Haag then administered the oath of office. G. CONSENT AGENDA Councilmember Juenemann requested agenda items G6 be pulled to discuss separately. Mayor Slawik requested agenda item G5 be highlighted. Councilmember Abrams requested agenda item G3 be highlighted. Councilmember Cardinal moved to approve consent agenda items G1-G5 and G7. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Cardinal moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 814,795.15 Checks # 94444 thru # 94490 dated 02/03/15 thru 02/10/15 $ 6,795,802.89 Disbursements via debits to checking account dated 02/02/15 thru 02/06/15 $ 266,536.04 Checks #94491 thru #94524 dated 02/11/15 thru 02/17/15 $ 286,484.28 Disbursements via debits to checking account dated 02/09/15 thru 02/13/15 $ 8,163,618.36 Total Accounts Payable PAYROLL $ 527,564.84 Payroll Checks and Direct Deposits dated 02/13/15 $ 640.00 Payroll Deduction check # 9994425 thru # 9994426 dated 02/13/15 Packet Page Number 8 of 171 E2 February 23, 2015 City Council Meeting Minutes 7 $ 528,204.84 Total Payroll $ 8,691,823.20 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of Resolution Approving Final Payment and Acceptance of Project, 2012 Mill and Overlay Improvements, City Project 11-15 Councilmember Cardinal moved to approve the Resolution Approving Final Payment and Acceptance of Project for the 2012 Mill and Overlay Improvements, City Project 11- 15. Resolution 15-2-1174 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 11-15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 11-15, the 2012 Mill and Overlay Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the 2012 Mill and Overlay Improvements, City Project 11-15, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1. City Project 11-15 is complete and maintenance of these improvements is accepted by the city; and the final construction cost is $2,282,408.76. Final payment to Hardrives, Inc., and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of Resolution Authorizing Expenditures for Beebe-Sterling Street Improvements, City Project 13-10 City Engineer/Public Works Director Thompson gave the staff report and answered questions of the council. Councilmember Cardinal moved to approve the Resolution Authorizing Project Expenditures for the Beebe-Sterling Street Improvements, City Project 13-10. Resolution 15-2-1175 AUTHORIZING PROJECT EXPENDITURES Packet Page Number 9 of 171 E2 February 23, 2015 City Council Meeting Minutes 8 BEEBE-STERLING STREET IMPROVEMENTS, CITY PROJECT 13-10 WHEREAS, on August 23, 2013 the City Council of Maplewood ordered the preparation of a feasibility report for the Beebe Road Street Improvements, City Project 13-10, and WHEREAS, on August 23, 2013 a project expenditure in the amount of $60,000 was authorized by the Maplewood City Council, and WHEREAS, City staff are proposing a change in project scope to include Sterling Street, from Londin Lane to Linwood Avenue, to both create efficiencies in project development and maintain consistency with the 2015-2019 approved Capital Improvement Plan document, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the proposed change in project scope will result in the need for additional expenditures to prepare the topographic surveying, soil borings, benefit appraisal services, preparation of a feasibility report, and preliminary engineering. 2. That the revised scope of improvements be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, the finance manager is hereby authorized to adjust the project expenditure funding from $60,000 to $120,000 to prepare the feasibility report. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of Work Order Agreement 12A, County Road B Trail and Safety Improvements, City Project 14-02 Councilmember Cardinal moved to approve the City Manager and City Engineer to sign Work Order No. 12A for the design and property acquisition for the County Road B Trail and Safety Improvements, City Project 14-02 in the amount of $44,000 with Bolton and Menk, Inc. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Approval to Enter Into Agreement with CivicPlus for a Redesign of the City Website IT Director Fowlds gave the staff report and answered questions of the council. Packet Page Number 10 of 171 E2 February 23, 2015 City Council Meeting Minutes 9 Councilmember Cardinal moved to approve the Agreement with CivicPlus to provide an advanced redesign of the City website, in the amount of $16,260; this amount includes an increase to the yearly service fees of $2,500 that permits redesign of the website every 4 years. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval of Resolution Supporting Disposal of Old Office Furniture IT Director Fowlds gave the staff report and answered questions of the council. Councilmember Juenemann moved to table the Resolution Supporting Disposal of Old Office Furniture for further information and options. Seconded by Councilmember Cardinal Ayes – All The motion passed. 7. Approval of Resolution Accepting State Aid Advancement Councilmember Cardinal moved to approve the Municipal State Aid Street Funds Advance Resolution. Resolution 15-2-1177 MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION CITY OF MAPLEWOOD, MINNESOTA WHEREAS, the City of Maplewood is planning to implement Municipal State Aid Street Project(s) in 2015 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said project(s) through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of February 1, 2015 $1,912,496.00 Less estimated disbursements: Bond Principle: $540,000.00 Total Estimated Disbursements $540,000.00 Advance Amount (amount in excess of acct balance) $2,452,496.00 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Packet Page Number 11 of 171 E2 February 23, 2015 City Council Meeting Minutes 10 Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first-come-first-serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Project(s) of the City of Maplewood in an amount up to $540,000.00. I hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality from future year allocations until fully repaid. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARING 1. Approval of an Ordinance Amendment for Senior Housing Unit-Size Requirements – Second Reading City Planner Martin gave the staff report. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Cardinal moved to approve the second reading of the Ordinance amendment establishing minimum habitable space requirements for living unit size for assisted-living and memory-care housing. The ordinance would base this amendment on the minimum habitable-space requirements of the Minnesota Department of Health. Ordinance 945 AN ORDINANCE AMENDMENT ESTABLISHING A MINIMUM HABITABLE LIVING SPACE AND UNIT SIZE FOR SENIOR HOUSING The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. Section 1. Sections 44-323, 44-353 and 44-384 of the Maplewood Code of Ordinances are hereby amended as follows: Sec. 44-323. Floor area. (Pertaining to R-3A multi-family development—those with 3–17 units within one structure.) The minimum habitable floor area for each R-3A multiple dwelling shall be at least: 580 square feet per efficiency or one-bedroom unit; 740 square feet per two-bedroom unit; 860 square feet per three-bedroom unit; 1,040 square feet per four-bedroom unit. The minimum habitable floor area for “independent” senior housing shall follow the above room-size requirements. The minimum habitable floor area for “assisted-living” and Packet Page Number 12 of 171 E2 February 23, 2015 City Council Meeting Minutes 11 “memory-care” senior housing shall not be less than that required by the Minnesota Department of Health. Sec. 44-353. Floor area. (Pertaining to R-3B multi-family development—those with more than 17 units within one structure.) The minimum habitable floor area for each R-3B multiple dwelling shall be at least: 580 square feet per efficiency or one-bedroom unit; 740 square feet per two-bedroom unit; 860 square feet per three-bedroom unit; 1,040 square feet per four-bedroom unit. The minimum habitable floor area for “independent” senior housing shall follow the above room-size requirements. The minimum habitable floor area for “assisted-living” and “memory-care” senior housing shall not be less than that required by the Minnesota Department of Health. Sec. 44-384. Floor area. (Pertaining to R-3C multi-family development—this category is for town houses.) The minimum habitable floor area for each R-3C multiple dwelling shall be at least: 580 square feet per efficiency or one-bedroom unit; 740 square feet per two-bedroom unit; 860 square feet per three-bedroom unit; 940 square feet per four-bedroom unit. The minimum habitable floor area for “independent” senior housing shall follow the above room-size requirements. The minimum habitable floor area for “assisted-living” and “memory-care” senior housing shall not be less than that required by the Minnesota Department of Health. Seconded by Councilmember Juenemann Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Gladstone Improvements Phase 2, City Project 14-01 a) Approval of Resolution Approving Plans and Specifications and Advertising for Bids b) Approval of Utility Burial Agreement with Xcel Energy City Engineer/Public Works Director Thompson gave the staff report and answered questions of the council. Councilmember Abrams moved to approve the Resolutions for the Gladstone Phase 2 Improvements, City Project 14-01, Approving Plans and Advertisement for Bids. Resolution 15-2-1178 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on June 9, 2014 plans and specifications for the Gladstone Phase 2 Improvements, City Project 14-01, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the council for approval, Packet Page Number 13 of 171 E2 February 23, 2015 City Council Meeting Minutes 12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Engineer. 2. The City Clerk or office of the City Engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin (or similar) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 20th day of March, 2015, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 13, 2015. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Abrams moved to approve the Utility Burial Agreement with Xcel Energy related to the burial of the existing overhead power lines along Frost Avenue and authorize the City Engineer to sign the agreement signifying the City Council approval; minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Cardinal Ayes – All The motion passed. 2. County Road B Trail and Safety Improvements, City Project 14-02 a) Approval of Resolution Approving Plans and Specifications and Advertising for Bids b) Approval of Cooperative Agreement (PW 2015-01) with Ramsey County c) Approval of Resolution for No Parking Along County Road B d) Approval of Resolution Approving Project Budget City Engineer/Public Works Director Thompson gave the staff report and answered questions of the council. Councilmember Abrams moved to approve the Resolution for the County Road B Trail and Safety Improvements, City Project 14-02, Approving Plans and Advertisement for Bids. Resolution 15-2-1179 APPROVING PLANS Packet Page Number 14 of 171 E2 February 23, 2015 City Council Meeting Minutes 13 ADVERTISING FOR BIDS WHEREAS, pursuant to authorization to proceed with the County Road B Trail and Safety Improvements, City Project 14-02 by the City Council on May 12, 2014 plans and specifications for the County Road B Trail and Safety Improvements, City Project 14-02, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which is available in the office of the city engineer, are hereby approved and ordered placed on file in the office of the City Engineer. 2. The City Clerk or office of the City Engineer shall prepare and cause to be inserted in the official paper and in the Construction Bulletin (or similar) an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty- one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 6th day of April, 2015, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 13, 2015. Seconded by Councilmember Ayes – All The motion passed. Councilmember Abrams moved to approve the Cooperative Agreement with Ramsey County (PW2015-01) related to the reconstruction and maintenance of County Road B (CSAH 25) as part of City Project 14-02, and authorize the Mayor and City Manager to sign the agreement signifying the City Council approval; minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Abrams moved to approve the Resolution for No Parking Along County Road B. Resolution 15-2-1180 REQUESTING RAMSEY COUNTY TO RESTRICT PARKING ON COUNTY ROAD B EAST (C.S.A.H. 25) BETWEEN BIRMINGHAM STREET AND VAN DYKE STREET WHEREAS, County Road B East is a Ramsey County State Aid Route, and Packet Page Number 15 of 171 E2 February 23, 2015 City Council Meeting Minutes 14 WHEREAS, the County of Ramsey is expending County State Aid Funds on the County Road B Trail and Safety Improvements, and WHEREAS, this improvement does not provide adequate width for parking on the street; and approval of the proposed construction as a County State Aid Street must therefore be conditioned upon certain parking restrictions. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Maplewood hereby requests Ramsey County to ban parking at all times on County Road B East between Birmingham Street and Van Dyke Street. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Cardinal moved to approve the Resolution Approving Project Budget for County Road B Trail and Safety Improvements, City Project 14-02. Resolution 15-2-1181 APPROVING PROJECT BUDGET COUNTY ROAD B TRAIL AND SAFETY IMPROVEMENTS, CITY PROJECT 14-02 WHEREAS, the City Council of Maplewood, Minnesota authorized Improvement Project 14-02 to proceed on May 12, 2014 for the County Road B Trail and Safety Improvements, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The project budget reflects the cost share amounts with Ramsey County and Federal Funding through the Safe Routes to School program. 2. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the County Road B Trail and Safety Improvements, City Project 14-02. A project budget of $1,289,506 was established. The approved financing plan is as follows and shall be implemented: FUNDING SOURCE TOTAL AMOUNT FEDERAL FUNDS (SRTS GRANT)$392,800 PARK DEVELOPMENT FUND $165,000 ENVIRONMENTAL UTILITY FUND $152,220 W.A.C. FUND $9,669 RAMSEY COUNTY (TRAIL IMPROVEMENTS)$95,158 RAMSEY COUNTY (SIGNAL IMPROVEMENTS)$342,603 STREET LIGHT UTILITY FUND $37,056 RIGHT OF WAY FUND $95,000 TOTAL ESTIMATED PROJECT COST $1,289,506 Seconded by Councilmember Abrams Ayes – All The motion passed. Packet Page Number 16 of 171 E2 February 23, 2015 City Council Meeting Minutes 15 J. NEW BUSINESS 1. Approval of Liquor License Manager for Cub Discount Liquor, Christopher K. Bengtson City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Abrams moved to approve Christopher K. Bengtson, Liquor License Manager for Cub Discount Liquor, 100 County Road B West, Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of Liquor License Manager for Rainbow Foods, Paula A. Thoreson City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Juenemann moved to table until the March 9, 2015 City Council Meeting. Seconded by Councilmember Abrams Ayes – All The motion passed. 3. Approval of Liquor License Manager for Maddie’s Liquor, Akberali Punjwani City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Cardinal moved to approve the Akberali Punjwani, Liquor License Manager for Maddie’s Liquor, 1690 McKnight Road N. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of a Temporary Lawful Gambling Permit for Church of St. Pascal Baylon City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Cardinal moved to approve the Temporary Lawful Gambling Permit for Church of St. Pascal Baylon to be used at 2100 White Bear Avenue on April 11, 2015. Seconded by Councilmember Abrams Ayes – All The motion passed. Packet Page Number 17 of 171 E2 February 23, 2015 City Council Meeting Minutes 16 5. Approval to Enter into Contracts with Muska Electric, Aqua Logic, and Swanson & Youngdale for MCC Improvements Finance Director Bauman gave the staff report and answered questions of the council. Councilmember Abrams moved to approve the City Manager to enter into contracts with Aqua Logic in the amount of $141,030, Muska Electric in the amount of $61,775, and Swanson & Youngdale in the amount of $23,200 for the improvement at the Maplewood Community Center; a rebate from Xcel Energy in the amount of $7,287 will result in a total net cost of $218,718. Seconded by Councilmember Cardinal Ayes – All The motion passed. 6. Approval of July 4th Light It Up Event a) Approval of Pyrotechnic Display Contract b) Approval of Resolution of Support City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Cardinal moved to approve the 2015 Pyrotechnic Display Contract and authorize the City Clerk to sign and manage the contract. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the Resolution of Support for the 2015 July 4th Light It Up Maplewood Event. Resolution 15-2-1182 Resolution of Support for the 2015 July 4th Light It Up Event Whereas the City of Maplewood has established July 4th Light It Up as an annual event that is an outreach to the surrounding community; Whereas the July 4th Light it Up Event brings the community together and gives local food and entertainment businesses the opportunity to showcase their offerings while providing families an opportunity to experience a family friendly environment; Whereas the July 4th Light It Up Event is an annual city-wide event and each department within the city plays a part in its success; Whereas city staff will work diligently soliciting sponsors including local businesses for the event to offset incurred costs; Therefore let it Be Resolved that the city council supports the 2015 July 4th Light It Up Event at Hazelwood Park. Seconded by Councilmember Abrams Ayes – All The motion passed. Packet Page Number 18 of 171 E2 February 23, 2015 City Council Meeting Minutes 17 7. Approval of a Transfer Agreement with Comcast and Midwest Cable/Greatland Connections and Approval of a Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Franchisee and Cable Television System From Comcast to Greatland Connections This item was pull from the agenda and tabled until the March 9, 2015 City Council Meeting K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. Bob Zick M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update City Manager Coleman gave the update to the council calendar. N. COUNCIL PRESENTATIONS 1. Ramsey County Dispatch Policy Councilmember Juenemann gave an update on the Ramsey County Dispatch CAD system that will be going live on March 24, 2015. 2. Green Team Councilmember Juenemann gave a report on the activities of the Maplewood Green Team. 3. MCC Multi Cultural Event Councilmember Abrams reported that the will be Multi Cultural Event at the Maplewood Community Center on Thursday, February 26, 2015 from 5:30 p.m. to 8:30 p.m. 4. Cable Commission Update Councilmember Abrams gave an update on the Cable Commission By-Law Committee and Franchise Renewal Committee. 5. TAB Update Mayor Slawik reported on the Transportation Advisory Board meeting she attended last week. Packet Page Number 19 of 171 E2 February 23, 2015 City Council Meeting Minutes 18 6. Rush Line and Gateway Mayor Slawik gave an update to the Rush Line and Gateway projects. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:07 p.m. Packet Page Number 20 of 171 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: March 3, 2015 SUBJECT: Recognition of Don Regan, Recipient of Northwestern Financial Review Business Award Introduction Don Regan, chairman of Premier Banks, is Northwestern Financial Review’s Banker of the Year for 2015. Background Premier Banks has three charters in Minnesota: Premier Bank Rochester; Premier Bank Minnesota, Farmington, and Premier Bank, Maplewood. – Mr. Regan has built an impressive franchise since he started the Maplewood State Bank in 1974. He has been through boom and bust times, most recently coming out of the great recession, which hit Premier Banks pretty hard. But by carefully managing their loan portfolios, the banks have returned to impressive performance. Northwestern Financial Review found 40 years of experience to be most compelling, particularly considering Regan started from scratch. Regan’s life is a real rags-to-riches story that has universal appeal. Don Regan and Premier Banks are also stellar citizens, having donated substantial time and money to various organizations and causes in the communities they serve. He runs a true family enterprise with many members of his extended family holding important management roles. Budget Impact None. Recommendation None. F1 Packet Page Number 21 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: March 3, 2015 SUBJECT: Approval of the 2014 Sustainability Annual Report Introduction Sustainability is described as meeting the needs of the present without compromising the ability of future generations to meet their own needs. Local governments are in a unique position to implement and influence sustainability by the policies they set, by the approaches they use in City operations, and by the promotion of sustainability through City-wide education. For this reason, local governments should lead by example. Maplewood has made strides toward leadership in sustainability through various programs and educational opportunities that reduce emissions and pollution. Examples of this leadership include the promotion of waste reduction and recycling in our solid waste management programs, stormwater best management practices in developments and street projects, sustainable City operations, and offering environmental programming through the Maplewood Nature Center. Another important aspect of sustainability is setting and reporting on sustainability goals. The City has a number of methods for setting goals including Comprehensive Planning, Capital Improvement Plans, budgets, City Council Retreats, and Commission goal setting. In addition, the City is required to publicly report on progress made on our sustainability goals through our participation with GreenStep Cities. Discussion Environmental and Natural Resources Commission The Environmental and Natural Resources Commission is charged with developing and promoting sustainable practices for City policies and procedures. Following is a list of environmental initiatives and events the Commission undertook in 2014: Environmental Initiatives 1. Review of Maplewood Recycling Program 2. Recycling Workshop 3. Review of Maplewood Trash Plan 4. Tree City USA 5. Wakefield Lake Water Quality Study Public Meeting 6. Conducting Open Public Meetings 7. Overview of Gladstone Phase II Improvements F2 Packet Page Number 22 of 171 8. Enhancing Ambient Groundwater Quality Monitoring in Minnesota 9. NPDES Phase II and MS4 Permit, 2013 Annual Report 10. Mississippi River Corridor Critical Area Draft Rules 11. Wicklander Pond Dredging 12. 2015-2019 Capital Improvement Plan 13. Maplewood GreenCorps Host Site 14. Wetland Buffer Variance to Construct a Garage at 1703 Jessie Street 15. Partners in Energy – Partnership with Xcel Energy for a Community Driven Energy Action Plan 16. Tree Ordinance – After an extensive review of the City’s tree ordinance in 2013 and 2014 the ENR Commission recommended approval of an amended tree ordinance and tree standards on November 17, 2014. Staff will present the ordinance amendments to the City Council in early 2015. 17. Environmental Ordinance Chapter Reconfiguration 18. Property Assessed Clean Energy (PACE) Environmental Events 1. Maplewood Spring Clean Up 2. Waterfest 3. Tennis Sanitation Recycling Facility Tour 4. National Night Out Minnesota Green Step Cities Minnesota GreenStep Cities is a challenge, assistance, and recognition program to help cities achieve their sustainability and quality-of-life goals. This free continuous improvement program is based upon 28 best practices that are tailored to Minnesota cities, focus on cost savings and energy use reduction, and encourage civic innovation. The Maplewood has been participating in the program since December 2010. As one of 80 participating cities, Maplewood is helping to lead the way in sustainably across the State of Minnesota. In 2014 Maplewood was recognized for the second year as a Step 3 City, the highest achievement award at this time. Best practices are rated with a one to three star level. Some of Maplewood’s three star rated best practices include: • Sustainable Building Renovation Policy (Green Building Code) • Ecological provisions in our Comprehensive Code (Greenways, etc.) • Complete Streets Policy (Living Streets) • Green Infrastructure (Stormwater Management) • Solid Waste Management (Organized Trash and Recycling Programs) Green Team The Green Team is made up of a group of staff who work together on environmental and sustainability issues at a City operation level. The Green Team acts as the steering committee for the GreenStep Cities program. In 2014 the Green Team focused on energy with the implementation of technology efforts and City employee engagement to reduce plug loads (energy used by products that are powered by means of an ordinary AC plug) and building energy use. This is a GreenStep City best practice. 2 F2 Packet Page Number 23 of 171 To accomplish this goal the Green Team equipped several work stations with remote on/off button power strips that allow all devices to be removed from the City’s plug load at the end of the day. Employee engagement was met through energy presentations during the employee picnic and department meetings and education through published energy-related articles in the monthly employee newsletter. The Green Team also hosted several events including: • City Hall Campus Clean Up Day (Earth Day) – The Green Team invited City employees to assist in the annual spring clean up of City Hall Campus, picking up trash that accumulates over the winter. • City Hall Campus Buckthorn Removal – The Green Team assisted with hauling and stacking of buckthorn that had been removed from the City Hall Campus. • Reuse Center (America Recycles Day) – This yearly event recognizes America Recycles Day (November 15). Employees bring unwanted office supplies to the Reuse Center (City Hall lunchroom) for display and reuse by other employees. All remaining office supplies after the event are donated to a nonprofit organization. • Junior Green Team – Each year the Green Team joins forces with the Maplewood Community Center Day Camp counselors to deputize the Day Campers as the Junior Green Team. Green Team members assist in several environmental education programs with the Day Camp that are designed to educate the next generation of environmentally responsible citizens. Natural Resources Maplewood made progress on several natural resources projects in 2014. At Fish Creek, partners and contractors completed buckthorn removal, began prairie restoration, graded a small rain basin, and planted oak trees. The prairie at Gladstone Savanna was seeded and plugs were planted in focal areas. A turf overflow parking area was installed at Prairie Farm Preserve, through the financial support of Maplewood Area Historical Society and a grant from Ramsey-Washington Metro Watershed District. An eagle scout planted native plants adjacent to the new lot. The Marshlands Trail was installed, creating an important Natural Area Greenway connection. Contractors, staff, and volunteers removed buckthorn at three sites: City Hall, Joy Park, and Vista Hills. City crews hauled 120 cubic yards of buckthorn as part of the City’s curbside buckthorn pickup. Deer hunts were carried out on four City-owned sites in conjunction with the County and Metro Bow Hunters Resource Base. In addition, in December the City contracted with United States Department of Agriculture-Wildlife Services to remove deer (sharpshooting) in winter 2014/2015. The City continues to meet requirements to maintain its status as a Tree City USA. Our citizen monitoring programs continued including the Invasive Plant Patrol, Frog Monitoring, and Neighborhood Preserve Monitoring. 3 F2 Packet Page Number 24 of 171 Energy In 2014 the City of Maplewood has been chosen to participate in several energy projects as follows: • City Leadership Group on Commercial Energy Competitiveness: City staff participated in the commercial energy group facilitated by the Great Plains Institute. Participants in the group explored opportunities for local governments to remove barriers to energy saving in commercial and industrial buildings in their communities. At the conclusion of the project, staff applied for and the City was selected to receive a $5,000 grant to implement the Commercial/Industrial Energy Efficiency Project (Green Building Code Incentive Program). • Environmental Assistance Grant: The Environmental Assistance Grant Program is administered by the Minnesota Pollution Control Agency (MPCA). Through the grant the MPCA seeks to encourage environmentally-sustainable practices and approaches to pollution prevention and resource conservation. Maplewood was awarded $20,000 under the City Sustainability Policy Development focus area in order to implement the Green Building Program. • Minnesota GreenCorps: Minnesota GreenCorps is coordinated by the MPCA. The goal of Minnesota GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of environmental professionals. The program places AmeriCorps members with host organizations around the State to assist communities and local governments in addressing a variety of statewide environmental needs and to train new environmental professionals. Maplewood was chosen to be one of 40 Minnesota GreenCorps host sites for the 2014/2015 service year. Maplewood’s Minnesota GreenCorps member, Joe Ballandby, will focus his service on energy conservation outreach and education. • Partners in Energy: Maplewood was chosen to participate in the Partners in Energy program. This is a two-year community support program sponsored by Xcel Energy. Maplewood will be offered the tools and resources necessary to develop and implement an energy action plan that outlines short and long-term energy goals. Green Building Code Maplewood adopted the Green Building Code in 2013. The Maplewood Fire Department South Station was the first building constructed under the new code. Terra General Contractors, LLC, submitted the project to the Minnesota Construction Association’s (MCA) Awards of Excellence committee on behalf of the City and design team. The project won an award in the Green/Sustainable category. Education 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. The naturalists at the Maplewood Nature Center offer environmental education programming throughout the year. Programs are designed for adults and families, as well as school groups, preschools, scouts, and birthday parties. 4 F2 Packet Page Number 25 of 171 Service learning, such as planting many of the City’s large rain gardens, is an important component of the Nature Center’s programs. In 2014 naturalists collaborated with the Ramsey- Washington Metro Watershed District on planting three large church rain gardens and conducted a Nature Field Day for Maplewood Middle School seventh graders. The Nature Center is also a resource. Visitors can access the nature library to identify a bird, or browse through the interactive exhibits and informational handouts to learn more about local ecology, buckthorn removal, and native landscaping. The Nature Center participates in sustainability projects for the City including submitting articles for the Seasons environmental newsletter, working with the Rain Garden Program, conducting tree disease education, participating in the Green Team, and administering and coordinating the buckthorn program, tree rebate program, and community gardens. Environmental Insert - Seasons The City publishes a quarterly environmental newsletter called Seasons. Each quarter the Seasons focuses on important environmental topics designed to educate, inspire, and promote sustainability City-wide. The 2014 Seasons focused on the following: Spring – Changing Climate, Changing Perspective (Climate Change); Summer – Marvelous Mini-Beasts (Pollinators); Fall – Solid Waste By the Numbers (Trash and Recycling); Winter – Think Outside the Car (Transportation). Environmental Webpages In 2014 staff restructured and added new content to the Environment and Natural Resources webpages. Other Noteworthy Environmental Endeavors Recycling Association of Minnesota Each year the City of Maplewood partners with the Recycling Association of Minnesota to offer the following programs to the City’s residents: • Compost Bin and Rainbarrel Sale – Reduced price, pre-purchase sale for rain barrels and compost bins. • Recycle Your Holidays – Recycling of unused or unwanted holiday Christmas lights. One hundred percent of the light and chord is recycled. Living Streets The Arkwright-Sunrise Area Improvements completed in 2014 was the second City street project designed under the Living Streets Policy. The Living Streets Policy is a guide for upgrading streets to better accommodate biking, walking, and transit users while incorporating green infrastructure such as trees and rain gardens on street edges. Sustainable Operations The City continues to review its City operations to look for ways to eliminate waste, lower long- term maintenance and operating costs, and reduce impacts to the environment. These 5 F2 Packet Page Number 26 of 171 sustainable City operations also translate into good economic sense. The City’s fleet is an example of where improvements were made in sustainable operations this year including an updated fuel management system, downsizing the fleet, purchase of equipment that is EPA Tier 4 emissions compliant, and global positioning systems installed in the police department fleet. Recycling and Trash Work Plan The City’s contracted recycling and trash hauling companies follow a work plan yearly that will assist the City in the reduction of waste and increase in recycling. Following are projects completed this year under these plans: • Spring Clean Up • Fall Clean Up Campaign • Get Caught Recycling Contest • Maplewood Solid Waste Management Survey • Recycling Facility Tour • Recycling Workshop • City Hall Campus Organics Collection Study • Small Business and Church Recycling Program Chicken Permits As part of the City’s goal to promote urban agriculture, the City’s chicken ordinance allows the keeping of up to ten chickens on residentially guided property. The City currently has 14 chicken permits. Stormwater The City is required to prepare an annual storm water pollution prevent plan that details the progress made in the previous year toward satisfying the City’s stormwater permit requirements. This plan was presented to the Environmental and Natural Resources Commission in May 2014. Summary Maplewood is in a unique position to implement and influence sustainability by the policies we set, by the approaches we use in City operations, and by the promotion of sustainability through City-wide education. The City should continue to strive to be a leader in the area of sustainability. Budget Impact Reducing energy use and pollution through sustainable practices helps the City save money in addition to meeting our environmental goals. Recommendation Approve the 2014 Annual Sustainability Report. This report is required as part of the City’s participation in GreenStep Cities. 6 F2 Packet Page Number 27 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: March 3, 2015 SUBJECT: Approval of the 2014 Environmental and Natural Resources Commission Annual Report Introduction Annually the Environmental and Natural Resources (ENR) Commission submits a report to the City Council. The report outlines actions and activities taken by the Commission during the preceding year, recommendations needed to existing ordinances or policies based on past reviews, and goals envisioned for the upcoming year. The report serves as a means of updating the City Council on the Commission’s accomplishments and obtaining feedback on proposed goals. Commission Review The ENR Commission approved the attached 2014 Environmental and Natural Resources Commission Annual Report on February 25, 2015 (Attachment 1). Budget Impact None Recommendation Approve the 2014 Environmental and Natural Resources Commission Annual Report (Attachment 1). Attachment 1. 2014 Environmental and Natural Resources Commission Annual Report F3 Packet Page Number 28 of 171 City of Maplewood 2014 Environmental and Natural Resources Commission Annual Report Preface The Environmental and Natural Resources (ENR) Commission is charged with protecting, preserving, and enhancing the environment of the City of Maplewood. Commissioners The ENR Commission consists of seven Commissioners appointed by the City Council. Commission terms are for three years, with extensions for additional terms approved by the City Council. Following are the Commissioners that served on the ENR Commission in 2014: Commissioner Membership Began Term Expires Judith Johannessen 07/14/08 09/30/14 Cynthia Schafer 11/15/12 09/30/14 Dale Trippler 02/25/08 09/30/15 Randee Edmundson 02/08/10 09/30/15 Ginny Yingling 11/30/06 09/30/16 Ann Palzer 07/25/11 09/30/16 Deborah Fideldy 11/14/13 09/30/16 Mollie Miller 09/22/14 09/30/17 Tim Sinn 09/22/14 09/30/17 Commissioners Mollie Miller and Tom Sinn were appointed on September 22, 2014. They replaced Commissioners Judith Johannessen and Cynthia Schafer whose terms expired September 30, 2014. Commissioner Johannessen served on the ENR Commission for six years and three months. Commissioner Schafer served on the ENR Commission for one year and nine months. Chair and Vice Chair Each year the ENR Commission appoints a Chair and Vice Chair to run the Commission meetings. On February 25, 2015, the Commission appointed Commissioner Trippler to be the Chair and Commissioner Miller to be the Vice Chair. Previously (2014) the Chair was Commissioner Palzer and the Vice Chair was Commissioner Trippler. Meetings The ENR Commission meetings are held the third Monday of every month at 7:00 p.m. In 2014, the ENR Commission held 11 of their 12 regularly scheduled monthly meetings; two were rescheduled due to national holidays that fall on a Monday in January and February and one was cancelled due to summer holiday schedules. F3, Attachment 1 Packet Page Number 29 of 171 2014 Attendance Commissioner Attendance Ann Palzer 10 of 11 Dale Trippler 10 of 11 Ginny Yingling 8 of 11 Randee Edmundson 8 of 11 Judith Johannessen 8 of 11 (Resigned in September) Deborah Fideldy 6 of 11 Cynthia Schafer 4 of 11 (Resigned in September) Mollie Miller 3 of 11 (Appointed in September) Tom Sinn 3 of 11 (Appointed in September) Reviews and Accomplishments The ENR Commission is an important element to the City’s environmental planning efforts. One of the ENR Commission’s missions is developing and promoting sustainable practices for City policies and procedures. In 2014 the ENR Commission worked on the following environmental issues: 1.Parks Citizen Advisory Team 2.Review of Maplewood Recycling Program 3.Recycling Workshop 4.Review of Maplewood Trash Plan 5.Tree City USA 6.Wakefield Lake Water Quality Study Public Meeting 7.Conducting Open Public Meetings 8.Overview of Gladstone Phase II Improvements 9.Enhancing Ambient Groundwater Quality Monitoring in Minnesota 10.NPDES Phase II and MS4 Permit, 2013 Annual Report 11.Mississippi River Corridor Critical Area Draft Rules 12.Wicklander Pond Dredging 13.2015-2019 Capital Improvement Plan 14.Maplewood GreenCorps Host Site 15.Wetland Buffer Variance to Construct a Garage at 1703 Jessie Street 16.Partners in Energy – Partnership with Xcel Energy for a Community Driven Energy Action Plan 17.Tree Ordinance 18.Environmental Ordinance Chapter Reconfiguration 19.Property Assessed Clean Energy (PACE) 20.Annual Sustainability Report 2014 Goal Status 1.Tree Policies – After extensive review of the City’s tree ordinance in 2013 and 2014 the ENR Commission recommended approval of an amended tree ordinance and tree standards on November 17, 2014. Staff will present the ordinance amendments to the 2 F3, Attachment 1 Packet Page Number 30 of 171 City Council in early 2015. Once adopted by the City Council, there is opportunity for education and outreach associated with trees, Living Streets, and the urban forest. 2.Environmental Education (Recycling) – The ENR Commission organized a tour of Tennis Sanitation’s recycling facility. Representatives from the City Council, ENR Commission, and City staff attended the tour, which was also videotaped for the City’s cable television show (Spotlight on Maplewood). Additionally, the ENR Commission held a recycling workshop with Tennis Sanitation to discuss recycling education, recycling markets, and ways for the City to improve its recycling program. City staff coordinated recycling education and outreach to include articles, website announcements, and events. 3.Urban Agriculture – City staff began research and review of this issue, organizing an urban agriculture tour in Duluth for the 2014 American Planning Conference. Staff continues to get requests and questions regarding the implementation of urban agriculture including community gardens, bees, backyard composting, raising of chickens, etc. The City’s ordinance should be reviewed and revised to remove barriers and promote urban agriculture, while ensuring no negative impacts to surrounding properties. 2015 Goals During the February 2015 Commission meeting, the ENR Commissioners chose the following goals for 2015: 1.Urban Agriculture – Continue to review the City’s ordinances and recommend amendments or a new ordinance that will remove barriers and promote urban agriculture, while ensuring no negative impacts to surrounding properties. 2. Environmental Education – Appoint three members of the Commission to an education subcommittee. The subcommittee will organize an outreach plan to identify key environmental messages to be shared during events and public service announcements throughout the year. Examples of environmental education include increased recycling and reduction of plastic bag use. 3.Stormwater Management – Assist businesses and organizations with stormwater management. Conclusion The ENR Commission will continue to carry out their mission as follows: 1.Establish environmental priorities for the City. 2.Make recommendations on policies, procedures and ordinances that control, protect, preserve, and enhance the City’s environmental assets. 3.Participate in the mission and goal of the Maplewood Nature Center and Neighborhood Preserves. 4.Promote greater use and appreciation of the City’s environmental assets. 5.Sponsor environmental projects to enhance, repair, replace, or restore neglected or deteriorating environmental assets of the City. 6.Develop educational programs that foster the mission of the Commission. 7.Develop and promote sustainable practices for City policies and procedures. 3 F3, Attachment 1 Packet Page Number 31 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Matt Ledvina, Community Design Review Board Chair DATE: February 24, 2015 SUBJECT: Approval of the 2014 Community Design Review Board Annual Report Introduction Annually the community design review board (CDRB) reports the board’s actions and activities for the city council for the previous year. In 2014, the CDRB reviewed the following 14 items during its 6 meetings: Type of Proposal # Reviewed New Development Proposals 3 1. Design Review and Parking Waiver, Mudslingers Coffee Kiosk, 2600 White Bear Avenue (May 27, 2014) 2. Design Review and Setback Variances, Holiday Station Store, 1285 Cope Avenue East (May 27, 2014) 3. Design review, Retail Building, 3094 White Bear Avenue (August 26, 2014) Expansions/Remodels/Revisions 7 1. Design Review, Parking Lot Setback Variance and Parking Waiver, Hobby Lobby, 3000 White Bear Avenue (January 28, 2014 and April 22, 2014) 2. Design Review, Verizon Wireless Ground Equipment, Hillwood Drive and Sterling Street (April 22, 2014) 3. Design Review, Beaver Lake Elementary School, 1060 Sterling Street (April 22, 2014) 4. Design Review, Remodel of Former Hostess Store, 2146 White Bear Avenue (May 27, 2014) 5. Design Review, Maple Hill Senior Living, 3030 Southlawn Drive (June 24, 2014) 6. Design review, The Bureau, 2354 English Street (October 28, 2014) 7. Comprehensive Sign Plan, Shared Sign, 1990 County Road D East (October 28, 2014) F4 Packet Page Number 32 of 171 Special Projects and Presentations 4 1. 2013 Annual Report (January 28, 2014) 2. Election of Officers (April 22, 2014) 3. Overview of Gladstone Phase 2 Improvements (April 22, 2014) 4. Draft Capital Improvement Plan (August 26, 2014) Total 14 Comparative Information Year Number of Items Reviewed 2005 27 2006 33 2007 27 2008 15 2009 18 2010 20 2011 25 2012 28 2013 21 2014 14 Membership The CDRB consists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved by the city council. The current membership is as follows: Board Member Membership Began Term Expires Attendance Jason Lamers 5/26/09 4/30/15 5 of 6 Bill Kempe 2/11/13 4/30/15 4 of 6 Ananth Shankar 8/8/94 4/30/16 5 of 6 Leo Burger 2/11/13 4/30/16 3 of 6 Matt Ledvina 3/10/97 4/30/17 5 of 6 Members Lamers and Kempe terms are up for reappointment in 2015. This process will start later this spring. F4 Packet Page Number 33 of 171 Discussion 2014 Actions/Activities In 2014, the CDRB reviewed 14 items, a slight decrease from the previous year. In 2014, the CDRB actually reviewed a similar number of new development and expansion projects than in 2012 and 2013 but saw a decrease in the number of special projects and presentations, which tend to be staff generated. In 2015, the CDRB expects to review a similar number of projects. It also expects that many of the projects will be redevelopment in nature or a current development needing a revision of some kind. Projects like the Hobby Lobby at Plaza 3000 or the new retail building at 3094 White Bear Avenue will be the types of commercial redevelopment projects the city can expect to continue into 2015. In 2014. the CDRB reviewed mainly commercial projects – most notably the new Holiday store at English Street and Highway 36. This project is notable as it is the first redevelopment project to occur after the significant Highway 36 reconstruction project. The CDRB reviewed many parking waiver requests as businesses and shopping centers revise their parking policies to ensure their vitality into the future. The CDRB has consistently demonstrated keen interest and skill in their reviews of these development projects to ensure they are of the quality of design and materials that complement the surrounding areas and improves a site’s aesthetics. The reason for the rise in redevelopment and remodel is that the city has seen the amount of vacant land available for new developments diminish. In addition, several other projects that occurred in 2014 were smaller in nature allowing city staff to process many of the city’s remodels and additions as 15-day reviews, as allowed by code, rather than the more formal review by the CDRB. Approximately 10 projects were processed as 15-day reviews. Because of the developed nature of the city, many of the new commercial and residential developments reviewed by the CDRB are either redevelopment of existing buildings or in-fill development. 2015 Activities In addition to its design review duties, the CDRB lists these potential activities for 2014: 1. The CDRB has a strong desire to work on broader design-related policy issues for the city; the CDRB does not have to be just a reactive group. 2. Continue having in-service training sessions for the CDRB. Specifically, the CDRB would like to explore developing an approved materials list to help guide development better from an architecture point of view. Perhaps different areas of the city would have different approved list to match existing and desired exteriors. 3. Continue developing policy guidelines for vegetation use along public rights-of-way. 4. Focus on educating the CDRB on sustainable building practices. 5. Explore renewing the annual city bus tour, which has traditionally been led by the planning commission. F4 Packet Page Number 34 of 171 Conclusion In 2015, the CDRB will continue its dedication to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. Budget Impact None. Recommendation Approve the CDRB’s 2014 annual report. F4 Packet Page Number 35 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Planner DATE: March 3, 2015 SUBJECT: 2014 Code Enforcement Annual Report Introduction Attached to this memo is Chris Swanson’s 2014 Code Enforcement report. Discussion Mr. Swanson, the city’s environment and code specialist, provided the attached data and information for the city council’s review. Mr. Swanson will be at the March 9, 2015 council meeting to discuss the city’s efforts with code enforcement and to answer any questions the council may have. Budget Impact None. Recommendation No action required. Attachments 1. 2014 Code Enforcement Report F5 Packet Page Number 36 of 171 2014 CODE ENFORCEMENT YEAR END REPORT January 1 to December 31, 2014 Type of Complaint Number of Complaints Received Pending  Exterior Storage 86 2  Unapproved Parking 49 0  Lawn Maintenance 41 0  House / Property Maintenance 37 2  Junk Vehicles 37 1  Trash / Garbage 18 0  Trash Container Storage 10 0  Commercial Vehicle / Equipment 3 0  Home Occupation 10 1  Miscellaneous Concerns 40 0 Total Number of Complaints Received 331 6 Enforcement Matters Resolved  Number of Complaints Resolved 325  Enforcement Action in Progress 7 (6 rollovers and 1 new complaint for 2015) Total Number of Code Violations Received 470 Correction letters/Citations/Abatements Number of Correction Letters mailed 196 Number of Citations Issued 6 Number of Abatements 10 Comments A combination of a very late Minnesota spring and the substantially decreased number of formerly foreclosed properties has significantly impacted the number of violations. Because of these factors code enforcement complaints and abatements have declined over the past few years. New code enforcement measures may have also decreased the number of complaints. In the last year Code Enforcement has also expanded from its previously reactionary role to a more community focused model. The new approach focuses on educating violators and works to include stakeholders like landlords, residents, renters, and commercial property owners in the conversation. This approach helps the community better understand what is expected for property upkeep and why standards exist. F5, Attachment 1 Packet Page Number 37 of 171 Code Enforcement Violations 0 20 40 60 80 100 Commercial vehicle / equipmentExterior StorageHome OccupationHouse / Property MaintenanceJunk VehicleLawn MaintenanceTrash / GarbageTrash Container StorageUnapproved ParkingCommercial vehicle / equipment Exterior Storage Home Occupation House / Property Maintenance Junk Vehicle Lawn Maintenance Trash / Garbage Trash Container Storage Unapproved Parking Type of ViolationCount of violationCode Enforcement Code Enforcement Violations by Year Issue 2009 2010 2011 2012 2013 2014 Total Commercial vehicle / equipment 25 15 18 14 1 3 76 Exterior Storage 79 102 103 97 95 86 483 Home Occupation 3 15 23 17 10 10 78 House / Property Maintenance 34 54 38 55 39 37 257 Junk Vehicle 62 111 80 67 35 37 392 Lawn Maintenance 141 235 196 134 128 41 875 Trash / Garbage 57 35 50 35 27 18 222 Trash Container Storage 12 15 23 21 16 10 97 Unapproved Parking 85 124 123 123 60 50 565 Misc. Complaints No Info 82 82 82 91 40 377 Total 498 788 736 645 502 332 3501 F5, Attachment 1 Packet Page Number 38 of 171 Code Enforcement Map p: Code Enforcement Reports 2014 CODE ENFORCEMENT YEAREND REPORT F5, Attachment 1 Packet Page Number 39 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, City Engineer/Director of Public Works DATE: February 25, 2015 SUBJECT: Gateway Corridor Project Update, City Project 14-05 Introduction City staff will provide an update on the Gateway Corridor Project. No action is needed. Discussion The Gateway Corridor transitway project has an identified alignment and mode, (Bus Rapid Transit) as a result of the recent Locally Preferred Alternative (LPA) selection by the project stakeholders. The draft environmental impact statement is currently underway along with the high level station area planning. For example, City staff continues to work closely with 3M Company representatives regarding station location and traffic movements. Attached is information regarding the project needs, timelines, and answers to frequently asked questions. The focus of the presentation will be on the three conceptual drawings of the Bus Rapid Transit (BRT) stop that would be located adjacent to the 3M Campus (refer to the three attachments) and the draft alignment through Maplewood (extending from McKnight Road to Century Avenue, located generally between I-94 and 3M Campus). Budget Impact No budget impacts to the City. Recommendation This is an update item only. Attachment 1. Maplewood Station Renderings near 3M Campus 2. Draft Alignment 3. Connecting the East Metro 4. Frequently Asked Questions F6 Packet Page Number 40 of 171 Proposed 3M BRT Station Concept - View 1 February 4, 2015 F6, Attachment 1 Packet Page Number 41 of 171 Proposed 3M BRT Station Concept - View 2 February 4, 2015 F6, Attachment 1 Packet Page Number 42 of 171 Proposed 3M BRT Station Concept - View 2 February 4, 2015 F6, Attachment 1 Packet Page Number 43 of 171 F6, Attachment 2 Packet Page Number 44 of 171 CONNECTING THE EAST METRO The Gateway Corridor is a vital link connecting eastern Twin Cities' communities to the heart of Saint Paul-Minneapolis. x Gateway is a bus rapid transit (BRT) line that would run 12 miles in its own lane between the Union Depot in downtown Saint Paul and Woodbury x The line connects to a growing regional transit system x Stations in a dedicated transitway foster new connections and increased economic development x New, consistent, all-day service in both directions will compliment existing express commuter service PROJECT TIMELINE The proposal is following the Federal Transit Administration process. In 2013, the Alternative Analysis study selected the Hudson Road alignment alongside I-94 as the preferred alternative. Community members selected BRT as the locally preferred alternative for transit mode in 2014. The Draft Environmental Impact Statement (EIS) is now underway. It will assess effects of BRT on air and water quality among other potential impacts and determine mitigation measures as needed. Depending on federal, state and local funding, service may be operational in 2022. 2010-2012 Alternatives Analysis 2013 – 2015 Environmental Impact Statement 2015 – 2017 Engineering 2018 – 2022 Construction 2014 – Locally Preferred Alternative F6, Attachment 3 Packet Page Number 45 of 171 GATEWAY CORRIDOR COMMISSION Work on the rapid transit proposal is led by the Gateway Corridor Commission, which was formed in 2009 to study and plan alternative transportation options along Interstate 94. Commission members represent: x Ramsey County Regional Railroad Authority (RRA) x Washington County RRA x City of Afton x City of Lake Elmo x City of Lakeland x City of Maplewood x City of Oakdale x City of St. Paul x West Lakeland Township x City of Woodbury Ex-officio members include: x 3M x Baytown Township x Lakeland Shores x Landfall Village x Oakdale Business and Professional Association x St. Paul Area Chamber of Commerce x Wisconsin Gateway Corridor Coalition x Woodbury Chamber of Commerce. Policy makers are advised by a committee structure that includes technical experts, residents and business representation. COMMUNITY LEADERS SUPPORT GATEWAY x Reliable, efficient, cost-effective transit services attract employees and improve productivity x Transit investments, balanced across the Twin Cities, help the region compete with other metro areas x Transit helps manage congestion growth, making it easier to move products, employees and customers x It provides convenient, stress-free travel in the east metro and to the downtowns, the airport, Mall of America, and numerous destinations in between on a growing transit system GET CONNECTED Your continued support is crucial to taking rapid transit in the Gateway Corridor from a dream to reality. Visit www.TheGatewayCorridor.com to sign up for occasional e-newsletters. Watch for news of public meetings and other opportunities to get involved in the project. FOR MORE INFORMATION Project Manager – Andy Gitzlaff, Senior Planner Washington County Public Works Department 11660 Myeron Road North, Stillwater, MN 55082 Phone: (651) 430-4300 gatewaycorridor@co.washington.mn.us www.TheGatewayCorridor.com 10/14 Population and traffic levels are growing on I-94 and MnDOT has no plans for major expansion. Gateway Corridor rapid transit offers a proactive, cost- effective solution. F6, Attachment 3 Packet Page Number 46 of 171 Where is the Gateway Corridor and what is the Gateway Corridor Project? The Gateway Corridor is a planned approximately 12-mile transitway located in Ramsey and Washington Counties in Minnesota. The corridor runs generally parallel to I-94, connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, Lake Elmo, and Woodbury. The transitway will be either Bus Rapid Transit or Light Rail Transit and will connect the east Twin Cities metro to the greater regional transit network via bus and rail connections at the Union Depot multimodal hub in downtown Saint Paul. www.thegatewaycorridor.com MAP TO BE UPDATED AS SCOPING DECISION PROCEEDS Frequently Asked Questions F6, Attachment 4 Packet Page Number 47 of 171 Why is the Gateway Corridor project needed? Approximately 32,000 people living in the corridor cities do not own a car. The existing transit system provides few options for people who depend on or choose to travel using transit. There is limited service throughout the day and a need for more frequent service over a longer time period. The Gateway Corridor will improve access to jobs and housing in the corridor and improve residents’ mobility around the region as a whole. The Twin Cities Metropolitan Area is committed to growing in a way that uses our existing infrastructure effectively, creates economic growth, preserves our natural spaces, and perpetuates the high quality of life that residents enjoy. Implementation of the Gateway Corridor will provide an efficient mode of travel, allow people to access jobs, services, and housing that were previously unreachable without a car, and bring an amenity to the east metro that will attract economic growth and residents. What studies have been done on the Gateway Corridor? The Gateway Alternatives Analysis completed in 2013 compared the benefits, costs, and impacts of a range of light rail transit (LRT), commuter rail, bus rapid transit (BRT), and express bus alternatives in the Gateway Corridor. The Alternatives Analysis identified two transitway alternatives to be carried forward for study in the Draft EIS: Alternative 3 – BRT on I-94 and Hudson Road, and Alternative 5 – LRT on I-94 and Hudson Road. What is happening on the Gateway project right now? The Draft EIS was initiated in 2013. Preparation of a Draft EIS begins with Scoping, which is when the project solicits comments from partner agencies, corridor cities and counties, and members of the community regarding alternatives and topics to be studied in the Draft EIS. The Scoping review period ended in mid-April and all of the comments received, as well as technical information about the alternatives, are currently being assembled into a Scoping Decision Document. Similar to other project decisions, the TAC and CAC will provide recommendations to the PAC regarding alternatives to be studied in the Draft EIS. After the Scoping Decision is made this summer, preparation of the Draft EIS will begin. Study Process March 3, 2014 SCOPING BOOKLET PUBLISHED The Scoping Booklet provides information on the intended scope of the Draft EIS. The Scoping Booklet helps to navigate stakeholders through the Scoping process and is available at www.thegatewaycorridor.com and at libraries and city halls in the corridor. March3, 2014 SCOPING COMMENT PERIOD BEGINS April 16, 2014 SCOPING COMMENT PERIOD ENDS February 12, 2014 Notice of intent to prepare a Draft EIS published in the Federal Register Comment on the purpose and need for the project, the proposed transit alternatives, and the potential environmental benefits and impacts of the project. Comments help to define the issues studied in the Draft EIS. March 3, 2014 - April 16, 2014 t 1VCMJDPQFOIPVTFT - Monday, March 24th Guardian Angels Church - Tuesday, March 25th Conway Recreation Center t 1"$.FFUJOH - Thursday, April 10 Woodbury City Hall Summer 2015 DRAFT EIS COMMENT PERIOD BEGINS Comment on the contents of the Draft EIS t "UUFOEBQVCMJDIFBSJOH t 4FOEBOFNBJM t 4FOEBMFUUFS Summer 2014 SCOPING DECISION DOCUMENT PUBLISHED This report will describe the transit alternatives and environmental issues that will be studied in the Draft EIS. Comments received during Scoping will be responded to in this report, which will be available at www.thegatewaycorridor.com and at libraries and city halls in the corridor. [ COMMENT PERIOD ][ PREPARE DRAFT EIS ] Summer 2015 DRAFT EIS PUBLISHED FINAL EIS We are hereGateway Corridor Project Goals Tier 1 Goals: Directly Addressing Primary Project Needs Goal 1: Improve Mobility Goal 2: Provide a Cost-Effective, Economically Viable Transit Option Tier 2 Goals: Reflecting Broader Community Goals Goal 3: Support Economic Development Goal 4: Protect the Natural Environmental Features of the Corridor Goal 5: Preserve and Protect Individual and Community Quality of Life F6, Attachment 4 Packet Page Number 48 of 171 What additional work is needed before the Gateway Corridor can be built? Large capital-intensive projects with a likelihood of significant environmental impacts, like the Gateway Corridor project, must complete a Draft EIS. The Gateway Corridor Draft EIS (currently underway) will disclose the impacts and benefits of various alternatives considered for the transitway. Throughout the planning and design of the project, environmental justice (impacts to low- income and minority residents) will be central to the assessment of project impacts and benefits. In tandem with preparation of the Draft EIS, the project will progress with conceptual engineering and design, and gather enough information about the various alternatives to facilitate a locally preferred alternative decision where the cities, counties, and Metropolitan Council officially identify the route and mode of transit for Gateway. When the Draft EIS is complete, preparation of a Final EIS will begin. The Final EIS and the subsequent Record of Decision will commit the project to a range of actions and physical elements that mitigate its negative impacts. Project Development will proceed along with preparation of the Final EIS, furthering engineering, making design decisions, and defining the physical elements of the project more and more specifically. When Project Development is complete, engineers will further design the transitway to create construction documents that a contractor can use to build it. The design and construction of the transitway will incorporate all of the mitigation measures specified in the Final EIS and Record of Decision. What is the project timeline? Because local residents, cities, counties, the Metropolitan Council, the State of Minnesota, the Federal Transit Administration, and Gateway Corridor Cooperating Agencies have a say in project design, each of these steps takes time. Though the process is lengthy, its intent is to create a financially feasible project that delivers mobility, accessibility, environmental, economic development, and quality of life benefits while imposing few negative impacts to the people and land around it. Transitway Development Process We are Here Ongoing Public Engagement Scoping Meetings Locally Preferred Alternative Process: Corridor Cities, Counties, Gateway Corridor Commission, and the Metropolitan Council Draft EIS Hearings Community Meetings, Open Houses, Focus Groups, Public Hearings, Committee Meetings, Email Blasts, Web and Social Media Corridor Planning (4 years) Project Development (2 years) Alternatives Analysis FTA & Environmental Process Local Decision Making Project Activities Draft EIS Final EIS Record of Decision Engineering (2 years) Construction (3 years)Operations What issues will be studied in the Draft EIS? • Neighborhood and community resources • Environmental justice • Noise and vibration • Historic and cultural resources • Parks and public land • Water resources, wetlands, and habitat • Air quality and climate change • Right-of-way • Transportation • Land use • Economic development • Visual and aesthetics • Safety and security • Hazardous materials and contamination • Solis • Utilities • Energy • Secondary and cumulative effects During the Draft EIS process, refined capital cost estimates will be prepared along with operating and maintenance cost estimates and ridership forecasts. F6, Attachment 4 Packet Page Number 49 of 171 Who is leading the Gateway Corridor project? The Washington County Regional Railroad Authority is leading the Draft EIS in partnership with the Ramsey County Regional Railroad Authority and the Metropolitan Council. Project decisions will be made by local policy-makers from the corridor cities and counties, as well as the Metropolitan Council, with input from community members living and working in the corridor. Who is paying for the Draft EIS? Who is paying for construction of the transitway? As the local project sponsors, Ramsey County Regional Railroad Authority and Washington County Regional Railroad Authority are paying for the Draft EIS through a grant from the Counties Transit Improvement Board. The Gateway Corridor intends to apply for federal funding. If the Corridor is a recipient of federal funds, the Federal Transit Administration would fund 50%, the Counties Transit Improvement Board (CTIB) would fund 30%, the State of Minnesota would fund 10%, and Washington and Ramsey County Regional Railroad Authorities would together fund 10% of the capital cost of the project. After its construction, Metro Transit will operate and maintain the Gateway Corridor. Operating costs not offset by farebox and other revenue would be split: 50% would be funded by CTIB; 50% would be funded by Metro Transit. How has the public been engaged in the decision-making process? During the project’s Alternatives Analysis in 2012-2013, comments and input from residents and business owners helped project planners and local elected officials identify the most important characteristics of the project. Most recently, nearly 100 people commented on various aspects of the project during the Gateway Draft EIS Scoping review period. These comments will be used to decide what topics and which transit routes and modes will be studied in the Gateway Draft EIS this year. How can I provide input or obtain additional project information? Residents, business owners, and anyone else interested in the project are encouraged to submit comments or questions about the project any time. Staff are also available to attend community, business, civic, or other organizations’ meetings to present information and discuss the project. Please email gatewaycorridor@co.washington.mn.us or call the Washington County Public Works Department at 651-430- 4300. A Community Advisory Committee comprised of residents and business owners in the corridor, and a Policy Advisory Committee comprised of elected officials and policy-makers in the corridor, meet regularly. Public hearings, open houses, focus groups, and other informational meetings will be held as the project proceeds, as well. All of these meetings are public and interested people are encouraged to attend. Please sign up for the Gateway Corridor email list or visit the project website www.thegatewaycorridor.com for meeting times, dates, and locations. &ĞĚĞƌĂůdƌĂŶƐŝƚĚŵŝŶŝƐƚƌĂƟŽŶ EĞǁ^ƚĂƌƚƐWƌŽŐƌĂŵ ŽƵŶƟĞƐdƌĂŶƐŝƚ/ŵƉƌŽǀĞŵĞŶƚŽĂƌĚ ^ƚĂƚĞŽĨDŝŶŶĞƐŽƚĂ tĂƐŚŝŶŐƚŽŶŽƵŶƚǇ ZĂŵƐĞǇŽƵŶƚǇ www.thegatewaycorridor.com Proposed Gateway Funding Partners F6, Attachment 4 Packet Page Number 50 of 171 TO:Melinda Coleman, City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 551,582.19$ Checks # 94525 thru # 94582 dated 02/24/15 552,649.68$ Disbursements via debits to checking account dated 01/20/15 thru 01/23/15 503,228.81$ Checks #94584 thru #94624 dated 03/03/15 354,214.03$ Disbursements via debits to checking account dated 02/23/15 thru 02/27/15 1,961,674.71$ Total Accounts Payable 527,997.22$ Payroll Checks and Direct Deposits dated 02/27/15 $ 1,015.70 Payroll Deduction check #9994450 thru #9994452 dated 02/27/15 529,012.92$ Total Payroll 2,490,687.63$ GRAND TOTAL 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 MEMORANDUM March 3, 2015 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: G1 Packet Page Number 51 of 171 Check Description Amount 94525 00283 TRAINING 440.00 94526 01973 CAR WASHES AT FREEDOM - JAN 56.00 94527 04206 ATTORNEY SERVICES - MARCH 8,000.00 94528 03597 REIMB FOR MILEAGE 1/15 - 2/12 14.09 94529 03759 REPAIRS TO PRESSURE WASHER 1902 457.90 03759 REPAIRS TO PRESSURE WASHER 1902 374.90 03759 REPAIRS TO PRESSURE WASHER 1902 142.71 03759 REPAIRS TO PRESSURE WASHER 1902 83.90 94530 00687 REMOVAL OF COTTONWOOD 1881 IDE 899.00 94531 04984 REIMB FOR WORKOUT SHOES/SOCKS 232.49 94532 00985 WASTEWATER - MARCH 245,317.42 94533 01202 REC BROCHURE FEB-APRIL 13,978.62 01202 YOUTH SCHOLARSHIP BROCHURE 383.16 01202 DAY CAMP BROCHURE 371.12 94534 01337 911 DISPATCH SERVICES - JAN 30,453.91 01337 CAD SERVICES - JAN 5,824.07 01337 FLEET SUPPORT FEE - JAN 458.64 01337 FLEET SUPPORT FEE - JAN 418.08 94535 05305 CONTRACT 500-0371999 812.95 05305 CONTRACT 500-0371083 636.38 05305 CONTRACT 500-0282620 384.10 05305 CONTRACT 500-0294743 351.69 05305 CONTRACT 500-0380041 254.86 05305 CONTRACT 500-0328559 253.93 05305 CONTRACT 500-0395052 167.77 05305 CONTRACT 500-0395065 99.20 05305 CONTRACT 500-0349366 71.34 05305 CONTRACT 500-0373496 64.15 94536 03334 WINTER PATCHING MATERIALS 419.90 94537 01190 ELECTRIC & GAS UTILITY 6,530.41 01190 ELECTRIC UTILITY 3,562.68 01190 ELECTRIC & GAS UTILITY 548.14 01190 FIRE SIRENS 51.99 94538 00024 HOSE FOR PRESSURE WASHER REPAIR 225.55 94539 04987 TRAFFIC CONES,CHANNEL POST,SIGNS 2,149.45 94540 02411 SCBA COMPRESSOR SRVS 1,370.00 94541 04419 VOLLEYBALL REFEREE 12/29/14-2/13/15 225.00 94542 01869 VOLLEYBALL REFEREE 12/29/14-2/13/15 150.00 94543 01865 ASSIGNMENTS 1ST HALF WINTER VB 330.00 94544 04886 ASSIGNMENTS 1ST HALF WINTER VB 550.00 94545 05369 CLEANING SUPPLIES - CITY HALL 90.80 94546 01871 VOLLEYBALL REFEREE 12/29/14-2/13/15 525.00 94547 00382 RE-KEYING SRVS 190.00 00382 RE-KEYING SRVS 60.00 94548 05207 CREDIT CHECK SRVS MONTHLY FEE 91.53 05207 CREDIT CHECK SRVS MONTHLY FEE 60.00 05207 CREDIT CHECK SRVS MONTHLY FEE 60.00 05207 CREDIT CHECK SRVS MONTHLY FEE 60.00 94549 02263 BOARDING & DESTRUCTION FEES-JAN 665.98 94550 03538 VOLLEYBALL REFEREE 12/29/14-2/13/15 500.00 94551 05497 VOLLEYBALL REFEREE 12/29/14-2/13/15 50.00 94552 00827 CLAIM DEDUCTIBLE C0024251 (13/14)1,755.13 00827 CLAIM DEDUCTIBLE C0020780 (12/13)1,755.13 94553 00846 PD PHONE-BASED INTERPRETIVE SRVS 162.04 94554 00942 JANITORIAL SERVICES - FEBRUARY 2,776.00 02/24/2015 HILLCREST ANIMAL HOSPITAL PA 02/24/2015 PATRICK JAMES HUBBARD 02/24/2015 TERESA WALL JOHNSON 02/24/2015 L M C I T 02/24/2015 EQUIFAX INFORMATION SERVICES 02/24/2015 EQUIFAX INFORMATION SERVICES 02/24/2015 DAVIS LOCK & SAFE 02/24/2015 EQUIFAX INFORMATION SERVICES 02/24/2015 EQUIFAX INFORMATION SERVICES 02/24/2015 CINTAS CORPORATION #470 02/24/2015 KENNETH COOPER 02/24/2015 DAVIS LOCK & SAFE 02/24/2015 DALE BOETTCHER 02/24/2015 DON BOWMAN 02/24/2015 KAREN MARIE BOWMAN 02/24/2015 ADVANTAGE SIGNS & GRAPHICS INC 02/24/2015 ALEX AIR APPARATUS INC 02/24/2015 LOUISE A. BEAMAN 02/24/2015 XCEL ENERGY 02/24/2015 XCEL ENERGY 02/24/2015 ABLE HOSE & RUBBER INC 02/24/2015 UNIQUE PAVING MATERIALS CORP 02/24/2015 XCEL ENERGY 02/24/2015 XCEL ENERGY 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 RAMSEY COUNTY-PROP REC & REV 02/24/2015 RAMSEY COUNTY-PROP REC & REV 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 RAMSEY COUNTY-PROP REC & REV 02/24/2015 METROPOLITAN COUNCIL 02/24/2015 NYSTROM PUBLISHING CO INC 02/24/2015 NYSTROM PUBLISHING CO INC 02/24/2015 TOSHIBA FINANCIAL SERVICES 02/24/2015 ERICKSON OIL PRODUCTS INC 02/24/2015 H A KANTRUD 02/24/2015 MARY JO HOFMEISTER Check Register City of Maplewood 02/19/2015 Date Vendor 02/24/2015 CENTURY COLLEGE 02/24/2015 HOTSYMINNESOTA.COM 02/24/2015 L M C I T 02/24/2015 LANGUAGE LINE SERVICES 02/24/2015 MARSDEN BLDG MAINTENANCE CO 02/24/2015 HOTSYMINNESOTA.COM 02/24/2015 HUGO'S TREE CARE INC 02/24/2015 TIM LINDER 02/24/2015 HOTSYMINNESOTA.COM 02/24/2015 HOTSYMINNESOTA.COM 02/24/2015 NYSTROM PUBLISHING CO INC 02/24/2015 RAMSEY COUNTY-PROP REC & REV G1, Attachments Packet Page Number 52 of 171 94555 00986 MONTHLY SAC - JANUARY 2,460.15 94556 01175 FIBER OPTIC ACCESS CHG - JANUARY 1,000.00 94557 04807 2015 MACK GU813 CHASSIS~95,989.73 94558 05345 REIMB FOR MEALS/CAR/MISC 427.05 94559 05496 LEADERSHIP TRAINING CONSULTANT 412.50 94560 00001 KLINE VOLVO - REJECT CVR 4,444.00 94561 05391 CONSULTANT FEE-LABOR NEGOTIATIONS 5,388.00 94562 03897 MEMBERSHIP DUES 1,000.00 94563 01345 RECORDING OF EASEMENTS 830.00 94564 01359 VEHICLE WASHES - JAN 82.03 94565 04432 VOLLEYBALL REFEREE 12/29/14-2/13/15 300.00 94566 01387 ADMIN FEE FOR STRESS TEST - FEB 100.00 94567 02663 VOLLEYBALL REFEREE 12/29/14-2/13/15 300.00 94568 05120 VOLLEYBALL REFEREE 12/29/14-2/13/15 1,075.00 94569 05498 VOLLEYBALL REFEREE 12/29/14-2/13/15 150.00 94570 04262 GOLF INSTRUCTION SESSION 1 & 2 700.00 94571 02664 VOLLEYBALL REFEREE 12/29/14-2/13/15 375.00 94572 05188 VOLLEYBALL REFEREE 12/29/14-2/13/15 375.00 94573 05495 MEMBERSHIP FEE 125.00 94574 01578 ICE MELT FOR PARKS DEPTS 1,164.06 01578 GLASS CLEANER FOR PARKS DEPT 188.00 94575 05471 MDSE FOR RESALE 977.97 05471 MDSE FOR RESALE 648.44 05471 MDSE FOR RESALE 523.43 05471 SUPPLIES FOR MCC SNACK BAR 59.28 05471 SUPPLIES FOR MCC SNACK BAR 11.38 05471 SUPPLIES FOR MCC SNACK BAR 4.98 94576 01691 MEMBERSHIP FEE - SGT BIERDEMAN 50.00 01691 MEMBERSHIP FEE - OFFICER DEMULLING 50.00 01691 MEMBERSHIP FEE - OFFICER GABRIEL 50.00 94577 04179 PROGRAM DISPLAY SIGN MCC - JAN 325.00 94578 01872 VOLLEYBALL REFEREE 12/29/14-2/13/15 375.00 94579 05169 LINE LEAK TEST - GAS & DIESEL SYS 605.63 94580 01789 ANNUAL SEWER MAINT BILL DIST 51W 273.09 94581 05013 CONDENSING BOILERS/WATER HEATERS 92,500.00 05013 REPAIR BOILER #1 - CITY HALL 652.25 94582 05327 FIBER OPTIC LOCATE SRVS 1,673.11 02/24/2015 METROPOLITAN COUNCIL 02/24/2015 PUBLIC SECTOR PROFESSIONALS 02/24/2015 RAMSEY C0 LEAGUE OF LOCAL GOV 02/24/2015 RAMSEY COUNTY 02/24/2015 REGAL AUTO WASH BILLING 02/24/2015 EUGENE E. RICHARDSON 02/24/2015 CITY OF NORTH ST PAUL 02/24/2015 NUSS TRUCK & EQUIPMENT 02/24/2015 PARKER OLDING 02/24/2015 KAREN OLSON 02/24/2015 ONE TIME VENDOR 02/24/2015 DR. JAMES ROSSINI 02/24/2015 CARL SAARION 02/24/2015 RICH SCHELL 02/24/2015 RIC SCHMIDT 02/24/2015 GREG SCHULZE 02/24/2015 HEIDI SCHWICTENBERG 02/24/2015 JENNA SOBERG 02/24/2015 SUSA 02/24/2015 T R F SUPPLY CO. 02/24/2015 T R F SUPPLY CO. 02/24/2015 US FOODS 02/24/2015 US FOODS 02/24/2015 US FOODS 02/24/2015 US FOODS 02/24/2015 US FOODS 02/24/2015 US FOODS 02/24/2015 USPCA REGION 12 02/24/2015 USPCA REGION 12 02/24/2015 USPCA REGION 12 02/24/2015 VISUAL IMAGE PROMOTIONS 02/24/2015 ZAYO GROUP LLC 551,582.1958Checks in this report. 02/24/2015 MARK WEBER 02/24/2015 WESTMOR FLUID SOLUTIONS, LLC 02/24/2015 CITY OF WOODBURY 02/24/2015 YALE MECHANICAL LLC 02/24/2015 YALE MECHANICAL LLC G1, Attachments Packet Page Number 53 of 171 Settlement Date Payee Description Amount 2/17/2015 MN State Treasurer Drivers License/Deputy Registrar 65,636.62 2/17/2015 VANCO Billing fee 191.80 2/17/2015 U.S. Treasurer Federal Payroll Tax 98,958.00 2/17/2015 P.E.R.A.P.E.R.A.100,413.52 2/17/2015 Voya - State Plan Deferred Compensation 31,680.40 2/17/2015 MidAmerica - ING HRA Flex plan 16,091.73 2/17/2015 MN State Treasurer State Payroll Tax 20,690.01 2/17/2015 Labor Unions Union Dues 2,095.56 2/18/2015 MN State Treasurer Drivers License/Deputy Registrar 25,752.77 2/19/2015 MN State Treasurer Drivers License/Deputy Registrar 45,801.98 2/20/2015 MN State Treasurer Drivers License/Deputy Registrar 86,027.74 2/20/2015 MN Dept of Revenue Sales Tax 8,601.00 2/20/2015 Optum Health DCRP & Flex plan payments 4,147.79 506,088.92 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 54 of 171 Check Description Amount 94584 00120 POOL CHEMICALS 1,190.00 94585 05234 CAR WASHES - FEBRUARY 57.61 94586 02149 MARKETING & ADVERTISING - FEB 4,000.00 94587 00353 CITATION ENVELOPES 615.20 94588 04311 K-9 BOARDING AT CAMP K-9 2/6-2/15 295.32 94589 03516 SECURITY OFFICER MCC JAN 31 262.50 94590 02728 PROJ 14-01 PROF SRVS THRU 01/31 31,239.53 02728 PROJ 12-14 PROF SRVS THRU 01/31 13,061.42 02728 PROJ 09-08 PROF SRVS THRU 01/31 1,448.75 02728 PROJ 09-08 PROF SRVS THRU 01/31 585.66 94591 05311 BASKETBALL OFFICIALS 2/14 & 2/15 1,528.00 94592 04316 AUTO PAWN SYSTEM - JANUARY 734.40 94593 01202 MAPLEWOOD LIVING - JAN/FEB 7,611.31 94594 01409 PROJ 14-12 BLDG ASSET MGMT 2,160.00 01409 MISC WATER RESOURCES SERVICE 771.15 94595 03378 REIMB FOR MEAL & MILEAGE 2/24 39.08 94596 04047 SOUND TECH FOR MCC 9/6 - 10/16/14 150.00 94597 05500 ANNUAL MEMBERSHIP 195.00 94598 04947 PROJ 11-15 MILLS/OVERLAYS PMT#7 129,373.61 94599 05499 SALLYPORT GARAGE DOOR REPAIR 369.50 94600 05395 INSTRUCTION OF KIDCREATE CLASS 130.00 94601 03130 SRVS FOR TRANSITION 1/22 - 1/31 3,000.00 94602 04900 CEILING DRAPES FOR MCC FEB 21 600.00 94603 00857 MCSC MEMBERSHIP SEPT 14 - SEPT 15 1,240.00 94604 03818 MONTHLY PREMIUM - MARCH 175,471.36 94605 03989 CONFERENCE FEES 130.00 94606 01175 MONTHLY UTILITIES - JANUARY 3,096.13 01175 FIBER OPTIC ACCESS CHG - FEBRUARY 1,000.00 94607 00001 REFUND B DJ BOOTH BRIDAL EXPO 500.00 94608 00001 REFUND M VELLIEUX TRANS MEDIC 466.57 94609 00001 REFUND MINDFUL BEAUTY BOOTH FEE 200.00 94610 00001 REFUND BUTTERED TOAST PROD BOOTH 185.00 94611 00001 REFUND INSPIRED REALITIES BOOTH FEE 175.00 94612 00001 REFUND B MARTIN BOOTH FEE 175.00 94613 00001 REFUND J PETSCH BOOTH FEE 175.00 94614 00001 REFUND M ANDERSON HP CREDITS 140.00 94615 00001 REFUND L WHITING TRANS MEDIC 97.74 94616 00001 REFUND E EAVES TRANS MEDIC 96.89 94617 00001 REFUND J SCHMITT TRANS MEDIC 77.37 94618 03151 PETTY CASH - EEDD 25.00 94619 01489 PLAQUE FOR HERITAGE AWARD 78.25 94620 04240 SIGN LANGUAGE INTERPRETER-12/5/14 60.00 94621 01578 SHOP TOWELS & SHOP GLOVES 227.00 94622 05342 PROJ 09-09 EAST METRO BID5B PMT#5 118,599.46 94623 05382 SALES REPRESENTATION 2/2 - 2/13 1,000.00 94624 01669 FORFEITED VEHICLE TOWING/STORAGE 355.00 01669 FORFEITED VEHICLE TOWING 100.00 01669 FORFEITED VEHICLE TOWING 70.00 01669 FORFEITED VEHICLE TOWING 70.00 03/03/2015 TWIN CITIES TRANSPORT & 03/03/2015 TWIN CITIES TRANSPORT & 03/03/2015 TWIN CITIES TRANSPORT & 03/03/2015 TERRA GENERAL CONTRACTORS 03/03/2015 TURNING POINT CONSULTING GROUP 03/03/2015 TWIN CITIES TRANSPORT & 03/03/2015 SPARTAN PROMOTIONAL GROUP INC. 03/03/2015 SPORTSIGN 03/03/2015 T R F SUPPLY CO. 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 PETTY CASH 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 ONE TIME VENDOR 03/03/2015 CITY OF NORTH ST PAUL 03/03/2015 CITY OF NORTH ST PAUL 03/03/2015 LEAGUE OF MINNESOTA CITIES 03/03/2015 MEDICA 03/03/2015 CAMPBELL KNUTSON PA 03/03/2015 ASHLAND PRODUCTIONS 03/03/2015 E S A B A 03/03/2015 HARDRIVES, INC. CITY OF MINNEAPOLIS RECEIVABLES 03/03/2015 NYSTROM PUBLISHING CO INC 03/03/2015 IDC AUTOMATIC 03/03/2015 KIDCREATE STUDIO 03/03/2015 LASTING IMPRESSIONS BY AMY LLC Check Register City of Maplewood 02/26/2015 Date Vendor 03/03/2015 AQUA LOGIC INC 03/03/2015 KIMLEY-HORN & ASSOCIATES INC 03/03/2015 JOSEPH DEMULLING 03/03/2015 ANTHONY GABRIEL 03/03/2015 KIMLEY-HORN & ASSOCIATES INC 503,228.8141Checks in this report. 03/03/2015 BOLER EXPRESS CAR WASH 03/03/2015 HEIDI CAREY 03/03/2015 CURTIS 1000, INC. - MINNESOTA 03/03/2015 KIMLEY-HORN & ASSOCIATES INC 03/03/2015 KIMLEY-HORN & ASSOCIATES INC 03/03/2015 S E H 03/03/2015 S E H 03/03/2015 MATT WOEHRLE 03/03/2015 03/03/2015 MN STATE FIRE MARSHAL DIVISION WILLIE MCCRAY 03/03/2015 G1, Attachments Packet Page Number 55 of 171 Settlement Date Payee Description Amount 2/23/2015 MN State Treasurer Drivers License/Deputy Registrar 34,195.90 2/23/2015 MN Dept of Natural Resources DNR electronic licenses 965.00 2/24/2015 MN State Treasurer Drivers License/Deputy Registrar 74,533.64 2/24/2015 MN Dept of Revenue Fuel Tax 572.28 2/25/2015 MN State Treasurer Drivers License/Deputy Registrar 34,539.50 2/26/2015 MN State Treasurer Drivers License/Deputy Registrar 86,065.69 2/27/2015 MN State Treasurer Drivers License/Deputy Registrar 46,288.46 2/27/2015 MN Dept of Natural Resources DNR electronic licenses 606.00 2/27/2015 ICMA (Vantagepointe)Deferred Compensation 3,988.00 2/27/2015 Voya - State Plan Deferred Compensation 29,904.67 2/27/2015 US Bank VISA One Card*Purchasing card items 42,554.89 354,214.03 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 56 of 171 Transaction Date Posting Date Merchant Name Transaction Amount Name 02/09/2015 02/10/2015 UNIFORMS UNLIMITED INC.$372.65 MARK ALDRIDGE 02/17/2015 02/19/2015 MINNESOTA GOVERNMENT F $60.00 GAYLE BAUMAN 02/05/2015 02/09/2015 OFFICE DEPOT #1090 $58.51 CHAD BERGO 02/06/2015 02/09/2015 DELTA AIR 0062300146823 $413.20 CHAD BERGO 02/07/2015 02/09/2015 GOGOAIR.COM $16.00 CHAD BERGO 02/07/2015 02/09/2015 GOGOAIR.COM $16.00 CHAD BERGO 02/07/2015 02/09/2015 HOTELS.COM120771299511 $1,693.26 CHAD BERGO 02/10/2015 02/11/2015 HOTELS.COM120771299511 ($1,693.26)CHAD BERGO 02/06/2015 02/09/2015 OLD LOG THEATRE $225.19 NEIL BRENEMAN 02/10/2015 02/12/2015 THE HOME DEPOT 2801 $12.64 NEIL BRENEMAN 02/13/2015 02/16/2015 THE HOME DEPOT 2801 ($4.20)NEIL BRENEMAN 02/13/2015 02/16/2015 TARGET 00011858 $7.58 NEIL BRENEMAN 02/13/2015 02/16/2015 THE HOME DEPOT 2801 $8.44 NEIL BRENEMAN 02/09/2015 02/11/2015 TRI-STATE BOBCAT $1,062.00 TROY BRINK 02/12/2015 02/13/2015 VIKING INDUSTRIAL CENTER $188.16 TROY BRINK 02/11/2015 02/13/2015 NATIONAL WELLNESS INSTITU $125.00 SARAH BURLINGAME 02/11/2015 02/13/2015 NATIONAL WELLNESS INSTITU $497.25 SARAH BURLINGAME 02/10/2015 02/11/2015 ACT*10KLAKES BUILD MEM $160.00 NICHOLAS CARVER 02/13/2015 02/13/2015 INT'L CODE COUNCIL INC $521.44 NICHOLAS CARVER 02/06/2015 02/09/2015 VIKING ELECTRIC-CREDIT DE $312.30 SCOTT CHRISTENSON 02/07/2015 02/09/2015 OAKDALE CUB FOODS SSS ($24.71)SCOTT CHRISTENSON 02/07/2015 02/09/2015 OAKDALE CUB FOODS $24.71 SCOTT CHRISTENSON 02/07/2015 02/09/2015 SUPER SMOKEDALE TOBACCO $29.92 SCOTT CHRISTENSON 02/08/2015 02/10/2015 SUPER SMOKEDALE TOBACCO ($29.92)SCOTT CHRISTENSON 02/12/2015 02/13/2015 VIKING ELECTRIC-CREDIT DE $10.75 SCOTT CHRISTENSON 02/13/2015 02/16/2015 VIKING ELECTRIC-CREDIT DE ($43.77)SCOTT CHRISTENSON 02/18/2015 02/19/2015 HENRIKSEN ACE HARDWARE $10.99 SCOTT CHRISTENSON 02/19/2015 02/20/2015 VIKING ELECTRIC-CREDIT DE $99.93 SCOTT CHRISTENSON 02/17/2015 02/18/2015 AMAZON.COM $243.90 MELINDA COLEMAN 02/18/2015 02/19/2015 UNIFORMS UNLIMITED INC.$37.70 KERRY CROTTY 02/09/2015 02/10/2015 DALCO ENTERPRISES, INC $30.61 CHARLES DEAVER 02/11/2015 02/12/2015 FRATTALLONES WOODBURY AC $11.51 CHARLES DEAVER 02/06/2015 02/09/2015 G&K SERVICES AR $580.82 TOM DOUGLASS 02/06/2015 02/09/2015 MENARDS MAPLEWOOD $9.00 TOM DOUGLASS 02/10/2015 02/11/2015 MOBILE RADIO ENGINEERIN $63.30 TOM DOUGLASS 02/11/2015 02/13/2015 CUSTOM REFRIGERATION $652.48 TOM DOUGLASS 02/12/2015 02/13/2015 THECORNERGUARDSTOR $888.64 TOM DOUGLASS 02/12/2015 02/13/2015 CINTAS 470 $137.76 TOM DOUGLASS 02/13/2015 02/16/2015 SHERWIN WILLIAMS #3127 $38.05 TOM DOUGLASS 02/17/2015 02/19/2015 OFFICE MAX $68.54 TOM DOUGLASS 02/17/2015 02/19/2015 AVAC CORPORATION $106.94 TOM DOUGLASS 02/17/2015 02/19/2015 YES DISTRIBUTING INC.$129.91 TOM DOUGLASS 02/19/2015 02/20/2015 MENARDS MAPLEWOOD $39.99 DOUG EDGE 02/16/2015 02/18/2015 OFFICE DEPOT #1090 ($214.99)CHRISTINE EVANS 02/07/2015 02/09/2015 SPRINT *WIRELESS $65.69 MYCHAL FOWLDS 02/08/2015 02/10/2015 THE HOME DEPOT #2844 $10.66 MYCHAL FOWLDS 02/09/2015 02/10/2015 BESTBUYCOM709565001673 $85.68 MYCHAL FOWLDS 02/09/2015 02/10/2015 THE UPS STORE 2171 $21.44 MYCHAL FOWLDS 02/10/2015 02/11/2015 AT&T*BILL PAYMENT $37.00 MYCHAL FOWLDS 02/19/2015 02/20/2015 AT SCENE LLC $675.00 MYCHAL FOWLDS 02/11/2015 02/12/2015 AIRWATCH LLC $50.00 NICK FRANZEN 02/13/2015 02/13/2015 AMAZON MKTPLACE PMTS $66.01 NICK FRANZEN 02/13/2015 02/16/2015 AMAZON.COM $171.39 NICK FRANZEN 02/13/2015 02/16/2015 AMAZON.COM $16.06 NICK FRANZEN 02/13/2015 02/16/2015 VSN*DOTGOVREGISTRATION $125.00 NICK FRANZEN G1, Attachments Packet Page Number 57 of 171 02/14/2015 02/16/2015 IDU*INSIGHT PUBLIC SEC $231.39 NICK FRANZEN 02/14/2015 02/16/2015 IDU*INSIGHT PUBLIC SEC $2,246.22 NICK FRANZEN 02/17/2015 02/18/2015 SYM*SECURE SITE SSL $873.00 NICK FRANZEN 02/09/2015 02/10/2015 UNIFORMS UNLIMITED INC.$88.00 ANTHONY GABRIEL 02/17/2015 02/18/2015 U OF M CCE NONCREDIT $185.00 VIRGINIA GAYNOR 02/06/2015 02/09/2015 IAAI $100.00 CLARENCE GERVAIS 02/16/2015 02/18/2015 ASPEN MILLS INC.$105.90 CLARENCE GERVAIS 02/07/2015 02/09/2015 VZWRLSS*APOCC VISN $97.45 KAREN GUILFOILE 02/19/2015 02/20/2015 CHKMATE*INSTANTCHECKMATE $1.99 KAREN GUILFOILE 02/19/2015 02/20/2015 CHKMATE*INSTANTCHECKMATE $22.86 KAREN GUILFOILE 02/18/2015 02/19/2015 MILLS FLEET FARM #2,700 $50.54 MARK HAAG 02/10/2015 02/11/2015 HENRIKSEN ACE HARDWARE $21.38 TAMARA HAYS 02/19/2015 02/20/2015 HENRIKSEN ACE HARDWARE $11.93 TAMARA HAYS 02/06/2015 02/09/2015 NORTHERN TOOL EQUIP-MN $17.69 GARY HINNENKAMP 02/11/2015 02/12/2015 FIRST SHRED $13.00 RON HORWATH 02/20/2015 02/20/2015 COMCAST CABLE COMM $83.88 RON HORWATH 02/11/2015 02/12/2015 DALCO ENTERPRISES, INC ($77.76)DAVID JAHN 02/18/2015 02/19/2015 DALCO ENTERPRISES, INC $90.00 DAVID JAHN 02/09/2015 02/10/2015 UNIFORMS UNLIMITED INC.$31.96 KEVIN JOHNSON 02/09/2015 02/10/2015 UNIFORMS UNLIMITED INC.$28.80 KEVIN JOHNSON 02/18/2015 02/19/2015 WINNICK SUPPLY $914.46 DON JONES 02/09/2015 02/10/2015 CVS/PHARMACY #01751 $16.07 LOIS KNUTSON 02/12/2015 02/13/2015 FIRST SHRED $80.30 LOIS KNUTSON 02/09/2015 02/10/2015 WHITE BEAR AREA CHAMBE $28.00 DUWAYNE KONEWKO 02/09/2015 02/11/2015 MAGNUM ELECTRONICS $224.85 JASON KREGER 02/11/2015 02/12/2015 CDW GOVERNMENT $80.84 JASON KREGER 02/12/2015 02/12/2015 AMAZON.COM $310.97 JASON KREGER 02/12/2015 02/12/2015 WWW.NEWEGG.COM $47.40 JASON KREGER 02/12/2015 02/13/2015 CDW GOVERNMENT $40.42 JASON KREGER 02/13/2015 02/16/2015 WWW.NEWEGG.COM $11.96 JASON KREGER 02/16/2015 02/18/2015 THE GPS STORE $69.90 JASON KREGER 02/18/2015 02/19/2015 THE UPS STORE 2171 $55.89 JASON KREGER 02/19/2015 02/20/2015 WWW.NEWEGG.COM $31.03 JASON KREGER 02/13/2015 02/13/2015 COMCAST CABLE COMM $62.82 DAVID KVAM 02/13/2015 02/16/2015 PAYPAL *MINNESOTACH $375.00 DAVID KVAM 02/18/2015 02/19/2015 UNIFORMS UNLIMITED INC.$6.50 DAVID KVAM 02/06/2015 02/09/2015 OVERHEAD DOOR COMP $1,631.15 STEVE LUKIN 02/09/2015 02/11/2015 ASPEN MILLS INC.$168.50 STEVE LUKIN 02/12/2015 02/13/2015 EMERGENCY APPARATUS MAINT $1,368.95 STEVE LUKIN 02/12/2015 02/13/2015 EMERGENCY APPARATUS MAINT $1,394.64 STEVE LUKIN 02/12/2015 02/13/2015 EMERGENCY APPARATUS MAINT $1,843.39 STEVE LUKIN 02/16/2015 02/17/2015 AIRGASS NORTH $184.89 STEVE LUKIN 02/16/2015 02/17/2015 AIRGASS NORTH $132.01 STEVE LUKIN 02/10/2015 02/11/2015 BATTERIES PLUS #31 $8.56 JASON MARINO 02/10/2015 02/11/2015 BOTACH $21.95 JASON MARINO 02/12/2015 02/16/2015 NIKE EAGAN FS 234 $47.99 ALESIA METRY 02/16/2015 02/18/2015 THE SALVATION ARMY 11 $59.33 ALESIA METRY 02/05/2015 02/09/2015 STOKKE'S MEAT MARKET $37.91 MICHAEL MONDOR 02/06/2015 02/09/2015 BOUND TREE MEDICAL LLC $21.00 MICHAEL MONDOR 02/11/2015 02/12/2015 NATIONAL REGISTRY EMT $20.00 MICHAEL MONDOR 02/11/2015 02/13/2015 BOUND TREE MEDICAL LLC $43.59 MICHAEL MONDOR 02/11/2015 02/13/2015 BOUND TREE MEDICAL LLC $145.08 MICHAEL MONDOR 02/11/2015 02/13/2015 BOUND TREE MEDICAL LLC $1,583.39 MICHAEL MONDOR 02/12/2015 02/13/2015 NATIONAL REGISTRY EMT $220.00 MICHAEL MONDOR 02/12/2015 02/13/2015 CHANNING BETE CO AHA $240.00 MICHAEL MONDOR 02/18/2015 02/19/2015 ANCOM TECHNICAL CENTER IN $47.00 MICHAEL MONDOR G1, Attachments Packet Page Number 58 of 171 02/18/2015 02/19/2015 CENTURY COLLEGE-CE $490.00 MICHAEL MONDOR 02/18/2015 02/19/2015 CENTURY COLLEGE-CE $490.00 MICHAEL MONDOR 02/16/2015 02/18/2015 CERTIFIED LABORATORIES $199.69 BRYAN NAGEL 02/18/2015 02/19/2015 HENRIKSEN ACE HARDWARE $38.43 RICHARD NORDQUIST 02/11/2015 02/12/2015 UNIFORMS UNLIMITED INC.$14.85 MICHAEL NYE 02/09/2015 02/10/2015 TAT B GONE $144.94 PARKER OLDING 02/09/2015 02/10/2015 LYCAMOBILE $34.93 PARKER OLDING 02/17/2015 02/19/2015 DISTRICT - 3066 BLAINE $175.00 ERICK OSWALD 02/18/2015 02/20/2015 TRI-STATE BOBCAT $5.45 ERICK OSWALD 02/18/2015 02/19/2015 MENARDS MAPLEWOOD $29.94 ROBERT PETERSON 02/06/2015 02/09/2015 AUTO PLUS LITTLE CANADA $86.87 STEVEN PRIEM 02/06/2015 02/09/2015 AUTO PLUS LITTLE CANADA $79.97 STEVEN PRIEM 02/09/2015 02/10/2015 FACTORY MTR PTS #1 $55.23 STEVEN PRIEM 02/09/2015 02/10/2015 METRO PRODUCTS INC $200.23 STEVEN PRIEM 02/09/2015 02/11/2015 TRI-STATE BOBCAT $82.50 STEVEN PRIEM 02/10/2015 02/11/2015 AUTO PLUS LITTLE CANADA $27.48 STEVEN PRIEM 02/10/2015 02/12/2015 TRI-STATE BOBCAT $40.68 STEVEN PRIEM 02/11/2015 02/12/2015 ZEP SALES AND SERVICE $163.90 STEVEN PRIEM 02/11/2015 02/12/2015 AUTO PLUS LITTLE CANADA $88.24 STEVEN PRIEM 02/12/2015 02/13/2015 AUTO PLUS LITTLE CANADA ($27.45)STEVEN PRIEM 02/13/2015 02/17/2015 CRYSTEEL TRUCK EQUIP INC $71.67 STEVEN PRIEM 02/17/2015 02/19/2015 ZIEGLER INC COLUMBUS $208.18 STEVEN PRIEM 02/18/2015 02/19/2015 AUTO PLUS LITTLE CANADA ($114.95)STEVEN PRIEM 02/18/2015 02/19/2015 POMP'S TIRE #021 $514.00 STEVEN PRIEM 02/18/2015 02/19/2015 HENRIKSEN ACE HARDWARE $3.05 STEVEN PRIEM 02/18/2015 02/19/2015 AUTO PLUS LITTLE CANADA $133.38 STEVEN PRIEM 02/19/2015 02/20/2015 AUTO PLUS LITTLE CANADA $158.60 STEVEN 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$835.00 MICHAEL SHORTREED 02/13/2015 02/16/2015 MENARDS MAPLEWOOD $9.33 MICHAEL SHORTREED 02/06/2015 02/09/2015 ZAP*ZAPPOS.COM $159.00 BENJAMIN SLATER 02/13/2015 02/16/2015 UNIFORMS UNLIMITED INC.$418.93 WILLIAM SYPNIEWSKI 02/13/2015 02/16/2015 MENARDS MAPLEWOOD $21.99 BRIAN TAUZELL 02/18/2015 02/19/2015 UNIFORMS UNLIMITED INC.$187.99 BRIAN TAUZELL 02/11/2015 02/12/2015 RAINBOW #7300 $23.03 JAMES TAYLOR 02/11/2015 02/13/2015 JIMMY JOHN'S # 574 - E $94.24 JAMES TAYLOR 02/19/2015 02/20/2015 BCS*ISD 622 COMMUNITY ED $3,142.75 JAMES TAYLOR 02/07/2015 02/09/2015 KOHL'S #0052 $63.99 PAUL THIENES 02/08/2015 02/09/2015 TARGET 00021352 $13.49 PAUL THIENES 02/09/2015 02/11/2015 LIFELINE TRAINING - CA ($109.00)TAMMY WYLIE 02/12/2015 02/13/2015 PAYPAL *MEDTECH FOR $114.00 TAMMY WYLIE 02/10/2015 02/12/2015 OFFICE DEPOT #1090 $64.02 TAMMY YOUNG 02/09/2015 02/11/2015 SEARS ROEBUCK 1122 $47.11 SUSAN ZWIEG 02/09/2015 02/11/2015 OFFICE MAX $56.22 SUSAN ZWIEG $42,554.89 G1, Attachments Packet Page Number 60 of 171 CHECK #CHECK DATE EMPLOYEE NAME 02/27/15 WYLIE, TAMMY 853.97 02/27/15 ZAPPA, ANDREW 1,026.03 02/27/15 SHORTREED, MICHAEL 4,266.70 02/27/15 THOMFORDE, FAITH 1,717.97 02/27/15 BAKKE, LONN 3,698.09 02/27/15 BARTZ, PAUL 3,287.93 02/27/15 ABEL, CLINT 3,064.41 02/27/15 ALDRIDGE, MARK 3,206.69 02/27/15 VITT, SANDRA 947.54 02/27/15 WEAVER, KRISTINE 2,457.17 02/27/15 OSTER, ANDREA 1,988.62 02/27/15 RICHTER, CHARLENE 1,220.38 02/27/15 PALANK, MARY 1,988.62 02/27/15 SCHNELL, PAUL 5,094.58 02/27/15 CORCORAN, THERESA 1,984.19 02/27/15 KVAM, DAVID 4,390.73 02/27/15 SCHMIDT, DEBORAH 3,158.62 02/27/15 SPANGLER, EDNA 1,092.74 02/27/15 BEGGS, REGAN 935.64 02/27/15 HAAG, KAREN 4,542.41 02/27/15 MECHELKE, SHERRIE 1,189.18 02/27/15 MOY, PAMELA 1,585.58 02/27/15 CRAWFORD, LEIGH 1,852.37 02/27/15 LARSON, MICHELLE 1,981.98 02/27/15 DEBILZAN, JUDY 2,214.77 02/27/15 BAUMAN, GAYLE 4,852.92 02/27/15 OSWALD, BRENDA 1,905.06 02/27/15 RUEB, JOSEPH 2,999.41 02/27/15 ARNOLD, AJLA 1,831.10 02/27/15 JACKSON, MARY 2,216.99 02/27/15 KELSEY, CONNIE 2,705.98 SLAWIK, NORA 489.68 02/27/15 BURLINGAME, SARAH 2,334.10 02/27/15 RAMEAUX, THERESE 3,192.51 02/27/15 CHRISTENSON, SCOTT 2,177.61 02/27/15 JAHN, DAVID 1,987.64 02/27/15 ANDERSON, CAROLE 2,856.65 02/27/15 CARDINAL, ROBERT 430.99 02/27/15 JUENEMANN, KATHLEEN 430.99 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD AMOUNT 02/27/15 ABRAMS, MARYLEE 430.99 02/27/15 COLEMAN, MELINDA 5,510.04 02/27/15 KNUTSON, LOIS 2,397.07 02/27/15 KOPPEN, MARVIN 430.99 02/27/15 G1, Attachments Packet Page Number 61 of 171 02/27/15 BAUMAN, ANDREW 5,914.02 02/27/15 BEITLER, NATHAN 378.31 02/27/15 BAHL, DAVID 926.75 02/27/15 BASSETT, BRENT 435.04 02/27/15 BOURQUIN, RON 1,302.78 02/27/15 THEISEN, PAUL 3,360.87 02/27/15 THIENES, PAUL 3,602.11 02/27/15 SYPNIEWSKI, WILLIAM 3,409.26 02/27/15 TAUZELL, BRIAN 3,475.58 02/27/15 XIONG, KAO 3,323.79 02/27/15 ANDERSON, BRIAN 189.15 02/27/15 VANG, PAM 540.00 02/27/15 WENZEL, JAY 3,064.41 02/27/15 OLSON, JULIE 3,479.11 02/27/15 PARKER, JAMES 2,941.86 02/27/15 NYE, MICHAEL 4,357.25 02/27/15 OLDING, PARKER 3,135.91 02/27/15 SLATER, BENJAMIN 2,838.97 02/27/15 STEINER, JOSEPH 3,367.90 02/27/15 REZNY, BRADLEY 3,224.05 02/27/15 SCHOEN, ZACHARY 2,420.47 02/27/15 MARINO, JASON 3,064.41 02/27/15 MARTIN, JERROLD 3,481.95 02/27/15 LANGNER, TODD 3,224.61 02/27/15 LYNCH, KATHERINE 3,109.27 02/27/15 MICHELETTI, BRIAN 2,619.40 02/27/15 MULVIHILL, MARIA 2,280.97 02/27/15 MCCARTY, GLEN 3,231.82 02/27/15 METRY, ALESIA 3,679.46 02/27/15 JASKOWIAK, AMANDA 360.00 02/27/15 JOHNSON, KEVIN 4,501.67 02/27/15 HOEMKE, MICHAEL 2,902.02 02/27/15 HOFMEISTER, TIMOTHY 496.00 02/27/15 KROLL, BRETT 3,234.06 02/27/15 LANGNER, SCOTT 3,003.03 02/27/15 KONG, TOMMY 3,064.41 02/27/15 KREKELER, NICHOLAS 1,055.31 02/27/15 FORSYTHE, MARCUS 3,394.22 02/27/15 FRITZE, DEREK 3,109.27 02/27/15 ERICKSON, VIRGINIA 3,714.58 02/27/15 FISHER, CASSANDRA 1,612.21 02/27/15 HER, PHENG 3,529.46 02/27/15 HIEBERT, STEVEN 3,163.90 02/27/15 GABRIEL, ANTHONY 4,127.62 02/27/15 HAWKINSON JR, TIMOTHY 2,941.86 02/27/15 BIERDEMAN, BRIAN 4,306.06 02/27/15 BUSACK, DANIEL 4,241.33 02/27/15 BELDE, STANLEY 3,148.56 02/27/15 BENJAMIN, MARKESE 3,185.94 02/27/15 DEMULLING, JOSEPH 3,611.18 02/27/15 DUGAS, MICHAEL 3,868.63 02/27/15 CARNES, JOHN 2,811.11 02/27/15 CROTTY, KERRY 3,908.02 G1, Attachments Packet Page Number 62 of 171 02/27/15 LUKIN, STEVEN 4,815.66 02/27/15 ZWIEG, SUSAN 1,186.96 02/27/15 RODRIGUEZ, ROBERTO 252.20 02/27/15 SEDLACEK, JEFFREY 3,843.78 02/27/15 RICE, CHRISTOPHER 889.02 02/27/15 RODDY, BRETT 302.64 02/27/15 TROXEL, REID 970.99 02/27/15 GERVAIS-JR, CLARENCE 4,157.26 02/27/15 STREFF, MICHAEL 3,620.86 02/27/15 SVENDSEN, RONALD 4,537.46 02/27/15 PETERSON, MARK 441.31 02/27/15 PETERSON, ROBERT 3,679.24 02/27/15 PACHECO, ALPHONSE 504.42 02/27/15 PARROW, JOSHUA 264.82 02/27/15 RANGEL, DERRICK 643.12 02/27/15 RANK, PAUL 800.78 02/27/15 POWERS, KENNETH 435.05 02/27/15 RAINEY, JAMES 901.65 02/27/15 NEILY, STEVEN 491.79 02/27/15 NIELSEN, KENNETH 500.16 02/27/15 MONSON, PETER 378.31 02/27/15 MORGAN, JEFFERY 450.79 02/27/15 OLSON, JAMES 4,141.11 02/27/15 OPHEIM, JOHN 264.79 02/27/15 NOVAK, JEROME 3,587.39 02/27/15 NOWICKI, PAUL 387.77 02/27/15 LINDER, TIMOTHY 4,184.93 02/27/15 LOCHEN, MICHAEL 664.01 02/27/15 KONDER, RONALD 378.31 02/27/15 KUBAT, ERIC 4,111.49 02/27/15 MILLER, NICHOLAS 334.19 02/27/15 MONDOR, MICHAEL 3,731.87 02/27/15 MERKATORIS, BRETT 731.39 02/27/15 MILLER, LADD 1,110.63 02/27/15 IMM, TRACY 636.84 02/27/15 JANSEN, CHAD 233.29 02/27/15 HAWTHORNE, ROCHELLE 3,711.46 02/27/15 HUTCHINSON, JAMES 706.08 02/27/15 KARRAS, JAMIE 226.99 02/27/15 KERSKA, JOSEPH 832.29 02/27/15 JUREK, GREGORY 807.05 02/27/15 KANE, ROBERT 926.73 02/27/15 DABRUZZI, THOMAS 2,492.60 02/27/15 DAWSON, RICHARD 3,173.90 02/27/15 CRAWFORD - JR, RAYMOND 3,476.94 02/27/15 CRUMMY, CHARLES 428.76 02/27/15 HALE, JOSEPH 441.31 02/27/15 HALWEG, JODI 3,760.22 02/27/15 EVERSON, PAUL 3,916.28 02/27/15 HAGEN, MICHAEL 605.30 02/27/15 CAPISTRANT, JOHN 831.15 02/27/15 COREY, ROBERT 611.61 02/27/15 CAPISTRANT, JACOB 435.04 G1, Attachments Packet Page Number 63 of 171 02/27/15 BJORK, BRANDON 165.00 02/27/15 BRENEMAN, NEIL 2,483.78 02/27/15 ABRAHAMSON, AMANDA 239.50 02/27/15 AYD, GWEN 200.00 02/27/15 DIAZ, JACQUEZ 36.00 02/27/15 CHUHEL, KAYLA 25.50 02/27/15 CLINE, ABBY 378.00 02/27/15 BRASH, JASON 2,773.98 02/27/15 CARVER, NICHOLAS 3,810.34 02/27/15 FINWALL, SHANN 3,369.17 02/27/15 MARTIN, MICHAEL 2,937.17 02/27/15 WEIDNER, JAMES 1,440.00 02/27/15 WELLENS, MOLLY 1,817.43 02/27/15 SWAN, DAVID 2,882.77 02/27/15 SWANSON, CHRIS 1,825.17 02/27/15 HUTCHINSON, ANN 2,762.97 02/27/15 SOUTTER, CHRISTINE 255.00 02/27/15 DEAVER, CHARLES 614.88 02/27/15 HAYMAN, JANET 1,300.23 02/27/15 KROLL, LISA 2,013.97 02/27/15 YOUNG, TAMELA 2,142.77 02/27/15 WACHAL, KAREN 1,052.43 02/27/15 GAYNOR, VIRGINIA 3,383.30 02/27/15 HAYS, TAMARA 1,849.17 02/27/15 HINNENKAMP, GARY 2,461.60 02/27/15 KONEWKO, DUWAYNE 4,603.18 02/27/15 HAMRE, MILES 1,816.00 02/27/15 ORE, JORDAN 1,849.17 02/27/15 BIESANZ, OAKLEY 1,556.47 02/27/15 NAUGHTON, JOHN 2,247.41 02/27/15 NORDQUIST, RICHARD 2,243.20 02/27/15 JAROSCH, JONATHAN 3,132.37 02/27/15 LINDBLOM, RANDAL 3,173.97 02/27/15 DUCHARME, JOHN 2,859.02 02/27/15 ENGSTROM, ANDREW 2,852.38 02/27/15 ZIEMAN, SCOTT 128.00 02/27/15 JANASZAK, MEGHAN 1,801.17 02/27/15 LOVE, STEVEN 3,852.46 02/27/15 THOMPSON, MICHAEL 4,783.37 02/27/15 NAGEL, BRYAN 3,702.80 02/27/15 OSWALD, ERICK 2,439.03 02/27/15 JONES, DONALD 2,308.55 02/27/15 MEISSNER, BRENT 2,262.19 02/27/15 TEVLIN, TODD 2,298.33 02/27/15 BURLINGAME, NATHAN 2,415.20 02/27/15 RUIZ, RICARDO 1,908.23 02/27/15 RUNNING, ROBERT 2,529.53 02/27/15 CORTESI, LUANNE 1,981.97 02/27/15 SINDT, ANDREA 2,480.20 02/27/15 DEBILZAN, THOMAS 2,305.55 02/27/15 EDGE, DOUGLAS 2,387.44 02/27/15 BRINK, TROY 2,552.82 02/27/15 BUCKLEY, BRENT 2,306.33 G1, Attachments Packet Page Number 64 of 171 02/27/15 DRECHSEL, HEIDI 15.23 02/27/15 DUCHARME, DANIELLE 206.50 02/27/15 CRANDALL, KRISTA 44.81 02/27/15 DEMPSEY, BETH 279.75 02/27/15 BESTER, MICHAEL 151.14 02/27/15 BLOEMENDAL, AMY 15.75 02/27/15 BEAR, AMANDA 195.75 02/27/15 BERGLUND, ERIK 28.70 02/27/15 CLARK, PAMELA 14.85 02/27/15 CRANDALL, ALYSSA 171.68 02/27/15 BUCKLEY, BRITTANY 538.01 02/27/15 BUTLER, ANGELA 73.00 02/27/15 WISTL, MOLLY 455.78 02/27/15 AKEY, SHELLEY 54.76 02/27/15 SMITH, CORTNEY 244.63 02/27/15 ST SAUVER, CRAIG 427.52 02/27/15 BAUDE, JANE 73.80 02/27/15 BAUDE, SARAH 79.68 02/27/15 ANDERSON, JOSHUA 810.65 02/27/15 BAETZOLD, CLAIRE 25.65 02/27/15 KELLEY, CAITLIN 1,426.60 02/27/15 KULHANEK-DIONNE, ANN 645.52 02/27/15 EVANS, CHRISTINE 2,009.66 02/27/15 HOFMEISTER, MARY 1,153.12 02/27/15 RUZICHKA, JANICE 200.00 02/27/15 SKRYPEK, JOSHUA 561.50 02/27/15 MILLER, KAREN 327.50 02/27/15 PELOQUIN, PENNYE 672.54 02/27/15 WISTL, MARK 76.50 02/27/15 XIONG, BLONG 36.00 02/27/15 THIELMAN, RICHARD 81.25 02/27/15 VUKICH, CANDACE 630.50 02/27/15 SCHULTZ, SCOTT 3,626.97 02/27/15 WILBER, JEFFREY 1,771.59 02/27/15 ADAMS, DAVID 2,263.92 02/27/15 HAAG, MARK 2,534.35 02/27/15 ROBBINS, CAMDEN 530.00 02/27/15 ROSEEN, TAYLOR 36.00 02/27/15 RASMUSSEN, BRADLEY 96.00 02/27/15 ROBBINS, AUDRA 3,473.33 02/27/15 SCHALLER, SAM 144.00 02/27/15 TAYLOR, JAMES 3,307.30 02/27/15 RUSS, KAYLA 191.25 02/27/15 SALINAS, DANIEL 72.00 02/27/15 KONG, KATELYNE 181.50 02/27/15 KUSTERMAN, KEVIN 230.50 02/27/15 FRANK, PETER 420.00 02/27/15 GORACKI, GERALD 254.13 02/27/15 MURRAY, LYNDSAY 96.00 02/27/15 PIEPER, THEODORE 117.00 02/27/15 LAMB, JIM 85.75 02/27/15 MCKANE, COLLIN 24.75 02/27/15 FISHER, CHANCE 50.00 G1, Attachments Packet Page Number 65 of 171 02/27/15 TREPANIER, TODD 232.51 02/27/15 SCHMIDT, VICTORIA 80.00 02/27/15 SCHREIER, ROSEMARIE 270.95 02/27/15 ROMERO, JENNIFER 70.50 02/27/15 SCHERER, KATHLENE 63.13 02/27/15 SMITLEY, SHARON 351.94 02/27/15 SYME, LAUREN 75.83 02/27/15 SMITH, ANN 176.80 02/27/15 SMITH, JEROME 153.25 02/27/15 REHLING-ANDERSON, LORIE 431.75 02/27/15 RENSTROM, KEVIN 90.00 02/27/15 RANEY, COURTNEY 798.89 02/27/15 RAU, COLE 28.35 02/27/15 ROETTGER, MOLLY 38.88 02/27/15 ROLLERSON, TERRANCE 45.57 02/27/15 RESENDIZ, LORI 2,597.77 02/27/15 RICHTER, DANIEL 114.90 02/27/15 MCKILLOP, AMANDA 181.52 02/27/15 MILLER, MELISSA 207.25 02/27/15 MASON, AMY 125.55 02/27/15 MCCOMAS, LEAH 129.50 02/27/15 NITZ, CARA 532.16 02/27/15 OHS, CYNTHIA 186.00 02/27/15 MONGE, NOAH 56.00 02/27/15 MUSKAT, JULIE 104.26 02/27/15 KOHLER, ROCHELLE 28.12 02/27/15 KOLLER, NINA 213.00 02/27/15 JOHNSON, MICHELLE 61.81 02/27/15 KEMP, MAYA 39.38 02/27/15 LORENTZEN, CHRISTINE 168.00 02/27/15 LY, RASSACIN 86.00 02/27/15 LAMEYER, BRENT 75.60 02/27/15 LAMSON, ELIANA 45.63 02/27/15 HODGE, AMY 58.00 02/27/15 HOLMBERG, LADONNA 237.50 02/27/15 HAGSTROM, EMILY 165.50 02/27/15 HANSEN, HANNAH 91.60 02/27/15 IACARELLA-FUDALI, BARBARA 138.50 02/27/15 JOHNSON, BARBARA 522.45 02/27/15 HORWATH, RONALD 3,149.54 02/27/15 HUNTLEY, NATALIE 25.05 02/27/15 FREDRICKS, MARTHA 36.00 02/27/15 GRAY, MEGAN 478.65 02/27/15 FARRELL, DANIEL 212.48 02/27/15 FONTAINE, KIM 837.01 02/27/15 GUSTAFSON, BRENDA 366.00 02/27/15 HAASCH, ANGELA 52.25 02/27/15 GRAY, SOPHIE 34.80 02/27/15 GRUENHAGEN, LINDA 358.29 02/27/15 EPLAND, PETER 118.50 02/27/15 ERICKSON-CLARK, CAROL 49.50 02/27/15 EKSTRAND, DANIEL 118.92 02/27/15 EKSTRAND, TAMERA 11.00 G1, Attachments Packet Page Number 66 of 171 9994437 9994438 9994439 9994440 9994441 9994442 9994443 9994444 9994445 9994446 9994447 9994448 9994449 02/27/15 KRECH, TRAVIS 637.50 02/27/15 EKSTRAND, RYAN 66.63 02/27/15 FLEMING, KENNETH 35.00 02/27/15 O'BRIEN, ELIZABETH 42.75 527,997.22 02/27/15 LANGER, KAYLYN 156.77 02/27/15 FRANZMEIER, EILEEN 223.13 02/27/15 LANGER, CHELSEA 121.25 02/27/15 MOSLOSKI, JESSICA 61.63 02/27/15 TUPY, HEIDE 46.30 02/27/15 TUPY, MARCUS 96.00 02/27/15 TRUONG, CHAU 14.00 02/27/15 BOSLEY, CAROL 148.50 02/27/15 BUTLER-MILLER, JADE 138.51 02/27/15 YANG, JUDY 66.00 02/27/15 BILJAN, MERANDA 29.75 02/27/15 AUSTIN, CATHERINE 112.00 02/27/15 BOWMAN, CHRIS 144.00 02/27/15 CRAWFORD, SHAWN 187.50 02/27/15 LOONEY, RAYJEANIA 192.00 02/27/15 MAIDMENT, COLIN 824.25 02/27/15 MALONEY, SHAUNA 259.26 02/27/15 DOUGLASS, TOM 2,336.54 02/27/15 INDA, ANTHONY 32.00 02/27/15 KRECH, ELAINE 667.00 02/27/15 STEFFEN, MICHAEL 102.00 02/27/15 PRIEM, STEVEN 2,564.78 02/27/15 WOEHRLE, MATTHEW 2,458.69 02/27/15 NESVACIL, BRENNAN 104.00 02/27/15 PRINS, KELLY 1,886.77 02/27/15 REILLY, MICHAEL 2,093.87 02/27/15 FRANZEN, NICHOLAS 2,988.47 02/27/15 KREGER, JASON 2,353.80 02/27/15 ABRAHAMSON, TYLER 98.00 02/27/15 XIONG, BOON 1,616.37 02/27/15 BERGO, CHAD 2,824.09 02/27/15 FOWLDS, MYCHAL 3,989.58 02/27/15 RYAN, NICOLE 49.50 02/27/15 HANGGE, NOAH 36.75 02/27/15 HOLMES, AURORA 36.00 02/27/15 MERRITT, MICHAEL 76.50 02/27/15 BONKO, NICHOLAS 126.00 02/27/15 BRADY, MADYSON 74.25 02/27/15 GREENER, DOUGLAS 103.50 02/27/15 TARR-JR, GUS 75.00 G1, Attachments Packet Page Number 67 of 171 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: March 3, 2015 SUBJECT: Approval of Agreement for Use of Harvest Park for the 2015 Susan G. Komen Twin Cities 3-Day Event Introduction Nancy G. Brinker promised her dying sister, Susan G. Komen, she would do everything in her power to end breast cancer forever. In 1982, that promise became the Susan G. Komen for the Cure and launched the global breast cancer movement. Today, Susan G. Komen for the Cure is the world's largest grassroots network of breast cancer survivors and activists fighting to save lives, empower people, ensure quality care for all and energize science to find the cures. Background For the last eight years, the Susan G. Komen for the Cure coordinators have worked with the City for the use of Harvest Park as their home base for over 3,000 participants for the Susan G. Komen Twin Cities 3-Day Event held in the Metro area. It has been a successful partnership and the event organizers have requested the use of Harvest Park again this year. The 2015 Susan G. Komen Twin Cities 3-Day Event is scheduled for August 21-23. Staff will have correspondence with the coordinators for the event to ensure that health and safety, public safety and other concerns are met. Staff has experienced a very professional and responsible working relationship the last seven years with the event coordinators and look forward to working with them again. Attached is the copy of the proposed agreement that requires council approval. Budget Impact None Recommendation It is recommended that the City Council approve the Agreement for Use of Harvest Park for the 2015 Susan G. Komen Twin Cities 3-Day Event. Attachment 1. Use Agreement Packet Page Number 68 of 171 USE AGREEMENT City of Maplewood Citizen Services Department The Use Agreement (hereafter “Agreement”) is made and entered in to this ____ day of __________, 2015, by and between the City of Maplewood, a Minnesota municipal corporation (hereafter the “City”), and The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen (hereafter “Komen”), as producer of the 2015 Susan G. Komen Twin Cities 3-Day event benefiting Komen, a non-profit organization. WHEREAS, Komen has requested to use the Harvest Park property for a scheduled non-profit event benefiting Susan G. Komen a non-profit organization; and WHEREAS, the City believes that the non-profit event planned by Komen would benefit the citizens of the City of Maplewood and the surrounding areas and desires to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the City and Komen agree as follows: 1. Komen shall have the right to use the Harvest Park property in connection with a non-profit cancer awareness program and matters related to the Susan G. Komen Twin Cities 3-Day. Komen shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City, which approval shall not be unreasonably withheld. 2. Komen will be permitted to use the Harvest Park property on the following days: a. August 19 and 20, 2015, for set up b. August 21-23, 2015, for event day c. August 24, 2015 for clean up 3. Komen accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use for the Susan G. Komen Twin Cities 3-Day, reasonable wear and tear excluded. Komen agrees to restore the property to its previous condition, which is reasonably acceptable to the City of Maplewood. The Director of Citizen Services and Maplewood Staff will meet on Monday, August 24, 2015 with the Event Production Manager, Event 360, Inc., to evaluate the condition of the property and to determine what work, if any, will be necessary to restore the property to its previous condition. A security deposit of $5,000.00, made payable to the “City of Maplewood” must be received by July 31, 2015. The deposit will be refundable after inspection of the property and completion of all items of reasonable concern are addressed. 4. Komen shall maintain general liability insurance in an amount of at least amounts not less than those set forth on the attached Certificate of Insurance at all times during the Terms of this Agreement to protect the City from any and all liability to persons or property which may result from use of the Harvest Park property. Komen shall provide the City to be named as “additional insured” on its binder. 5. The City shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to August 19, 2015. 6. Komen will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by Komen for the Susan G. Komen Twin Cities 3-Day. 7. Komen shall notify the City by August 3, 2015, of the emergency contingency plan for the scheduled event in case of inclement weather. Packet Page Number 69 of 171 G2, Attachment 1 8. Komen shall defend, indemnify and hold harmless the City, its elected officials, officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and reasonable attorney’s fees resulting from any claim arising as a result of Komen’s use of the Harvest Park property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. Likewise, the City of Maplewood agrees to indemnify and hold Komen harmless from and against any and all costs, losses or expenses, including reasonable attorney’s fees, that Komen may incur by reason of (a) the City of Maplewood’s negligence or intentional misconduct or (b) any third-party claim(s) or law suit(s) arising out of, or in connection with the City of Maplewood’s performance or failure to perform pursuant to this agreement. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. 10. Dispute Resolution. In the event of any dispute arising out of this Agreement, the parties shall use good faith efforts to resolve their differences amicably. In the event they are unsuccessful, the parties agree not to commence litigation until attempting to resolve their dispute through mediation. Either party may initiate the mediation process with 30 days’ prior written notice to the other party. 11. As to notice or communication regarding this agreement: Event 360, Inc. City of Maplewood Susan G. Komen 3-Day® Citizen Services Department Kendra O’Donnell Karen Guilfoile, City Clerk Event Planning Manager Director Citizen Services Phone: 612.486.2423 Phone: 651.249.2002 Fax: 888.453.1731 Fax: 651.249.2009 kodonnell@event360.com karen.guilfoile@ci.maplewood.mn.us 12. COUNTERPARTS. This Agreement may be executed simultaneously in one or more counterparts. Each counterpart will be considered a valid and binding original. Once signed, any reproduction of this Agreement made by reliable means (e.g., photocopy, facsimile) is considered an original. City of Maplewood By: By: Mayor, Nora Slawik City Manager, Melinda Coleman Date: Date: Attest: City Clerk, Karen Haag The Susan G. Komen Breast Cancer Foundation, Inc. d/b/a Susan G. Komen By: Title: Date: Packet Page Number 70 of 171 G2, Attachment 1 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: March 3, 2015 SUBJECT: Approval of a Temporary Lawful Gambling Permit for Carver Elementary PTO Introduction An application has been submitted for a temporary lawful gambling permit by Colleen Monahan on behalf of the Carver Elementary PTO, 2680 Upper Afton Rd. Background The lawful gambling permit application is for a raffle at the Spring Carnival that the school hosts annually. The event will be held on Friday, May 8, 2015 from 5:30pm to 8:30pm and proceeds will go towards enhancing the educational experience of Carver Elementary students. In addition, the applicant has submitted an Application for Exempt Permit, required by MN Statute §349.166 and processed by the Minnesota Gambling Control Board upon acknowledgment of the City. MN Statute §349.166 also requires that the applying organization notify the local government unit 30 days before the lawful gambling occasion. Budget Impact None Recommendation Staff recommends the Council approve the Temporary Lawful Gambling Permit for Carver Elementary PTO to be used on May 8, 2015 at 2680 Upper Afton Road. In addition, staff recommends that Council acknowledge the Application for Exempt Permit and waive any objection to the timeliness of said permit, as governed by MN Statute §349.166. Packet Page Number 71 of 171 G4 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: March 3, 2015 SUBJECT: Approval of a Temporary Lawful Gambling Permit for the Minnesota Waterfowl Association East Metro Chapter Introduction An application for a temporary Lawful Gambling permit has been submitted by John Molkenbur on behalf of the Minnesota Waterfowl Association East Metro Chapter. Background This permit will be used for the organization’s annual East Metro Chapter Banquet, which will be held at the Maplewood Moose Lodge on Thursday, April 16, 2015 from 5:00pm to 10:00pm. Proceeds from the event will go towards Habitat Resotration and Outdoor Education. In addition, the applicant has also submitted an Application for Exempt Permit, which is required by MN Statute §349.166 and processed by the Minnesota Gambling Control Board upon acknowledgment of the City. MN Statute §349.166 also requires that the applying organization notify the local government unit 30 days before the lawful gambling occasion. Budget Impact None Recommendation Staff recommends that Council approve the Temporary Lawful Gambling Permit for the Minnesota Waterfowl Association, East Metro Chapter’s Banquet to be used on April 16, 2015 at 1946 English Street, Maplewood. In addition, staff recommends that Council acknowledge the Application for Exempt Permit and waive any objection to the timeliness of said permit, as governed by MN Statute §349.166. Packet Page Number 72 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Lori Resendiz, Fitness Supervisor DATE: March 9, 2015 SUBJECT: Approval of Contract Partnership Agreement between the City of Maplewood and Cherrywood Pointe Introduction The council will consider a “partnership” contract between Cherrywood Pointe and the City of Maplewood (MCC). The annual contract amount is $9,900 with the option of purchasing additional MCC classes. Background/Discussion The Maplewood Community Center and Cherrywood Pointe, located in Roseville, have identified an opportunity to forge an alliance or “partnership” in order to better serve the respective members of their communities. This is the second such contract in 2015 where MCC staff is providing quality on-site customized health and wellness programs which serve to empower residents/ individuals in the community to live richer and fuller lives. Through this partnership, the MCC will provide the following services to Cherrywood Pointe: • Two introductory classes; • 4/45 minute fitness classes delivered on-site per week by certified instructors; • Option to expand the number of classes and services provided to the residents; • Option to deliver customized on-site fitness classes to Memory Care residents; • Option to deliver customized on-site fitness classes to staff members; • Preparation and printing of communication handouts describing the MCC fitness program; • Attendance tracking and program feedback to management. Budget Impact There is no impact on the MCC budget. Timeline The partnership contract between the City of Maplewood and Cherrywood Pointe is estimated to launch on April 1, 2015 and extend for a period of 12 months thereafter. Attached is a copy of the Cherrywood Pointe Corporate Services Proposal and the Independent Consultant Services G5 Packet Page Number 73 of 171 Agreement for your review. City Attorney, Mr. Alan Kantrud has reviewed and approved the agreement. Recommendation Staff recommends that the City Council approve the contract partnership agreement between the City of Maplewood (MCC) and Cherrywood Pointe and further authorize the City Manager to enter into said contract. Attachments 1. Cherrywood Pointe Corporate Services Proposal 2. Independent Consultant Services Agreement G5 Packet Page Number 74 of 171 Cherrywood Pointe Corporate Services Proposal Enhance the Quality of Life for Cherrywood Pointe Residents G5, Attachment 1 Packet Page Number 75 of 171 BACKGROUND Cherrywood Pointe holds the distinction of providing inspired choices for senior living. Their residents enjoy a family atmosphere, retaining as much control as possible over every aspect of their lives. Care is taken to protect and support the physical, social, intellectual and emotional wellbeing of residents. Highly trained and dedicated staff strive to meet the needs of residents by offering a variety of dining, social and physical fitness options. Because Cherrywood Pointe is also committed to maximizing value for their residents they seek out the most cost effective resources. To this end, they have requested a proposal from the Maplewood Community Center (MCC) to provide quality on-site fitness training that is customized to the needs of residents. Challenge: Cherrywood Pointe wants to improve the quality, consistency, participation and positive results from the on-site fitness training provided to residents while maximizing value. Challenge: Cherrywood Pointe also wants the ability to offer staff members an opportunity to participate in quality on-site fitness classes. Solution: MCC, which has consistently been voted the Best in Fitness Centers, is proposing an on-site fitness program that includes four 45 minute fitness classes per week to be delivered to residents for an annual fee. MCC is also proposing options to increase the number of classes to be delivered to residents, as well as staff for an additional fee. A partial list of clients MCC serves include such well known organizations as 3M, Health Partners, MERSC, HealthEast, Ramsey County, MN DOT, School District 622 and Ecumen Seasons of Maplewood. *Cherrywood Pointe chose MCC because of their reputation for providing quality fitness programs, delivered by certified instructors that can be adapted to fit the physical limitations of participants without adding excessive cost. G5, Attachment 1 Packet Page Number 76 of 171 Services Included in Proposal… • Two introductory classes • 4/45 minute fitness classes delivered on-site per week by certified instructors • Option to expand the number of classes and services provided to residents • Option to deliver customized on-site fitness classes to Memory Care residents • Option to deliver customized on-site fitness classes to staff members • Preparation and printing of communication handouts describing the MCC fitness program • Attendance tracking and program feedback to management $9,900 Annual Contract $47.50 for each additional class Additional MCC Fitness Services A La Carte… • Personal Fitness Training for Staff or Residents $ 35.00/30-minutes – 60.00/60 minute A La Carte Services (call for quote) • Advertising in Maplewood Magazine • Vendor Table at MCC Senior EXPO • Sponsorship of MCC Events • Banquets and Meeting Room Rentals • Special Classes – “Managing Chronic Pain” • On-site Fitness Assessments • Monthly/Quarterly Wellness Challenges • Chair Massage G5, Attachment 1 Packet Page Number 77 of 171 INDEPENDENT CONSULTANT SERVICES AGREEMENT The agreement ("Agreement") is made by and between The City of Maplewood, a Minnesota Public Entity ("CITY OF MAPLEWOOD"), and Cherrywood Pointe, an individual business entity ("Consultant") and is effective as of April 1, 2015 ("Effective Date"). 1. ENGAGEMENT OF SERVICES. Herein is a description of the services to be provided by Consultant pursuant to the terms of the Agreement ("Consulting Services"). Consultant hereby agrees to utilize best efforts in performing the following Consulting Services: Consultant will be organizing and administering its Executive Health and Wellness Program pursuant to the program outlined on Exhibit A attached hereto and incorporated herein. 2. COMPENSATION. City shall be compensated pursuant to Exhibit A as well. 3. INDEPENDENT CONTRACTOR RELATIONSHIP. Consultant's relationship with the City of Maplewood is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. Consultant will not be entitled to any of the benefits that CITY OF MAPLEWOOD may make available to its employees, including, but not limited to, group health or life insurance, profit sharing or retirement benefits. Consultant is not authorized to make any representation, contract or commitment on behalf of CITY OF MAPLEWOOD unless specifically requested or authorized in writing to do so by a CITY OF MAPLEWOOD manager. Consultant is solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and receipt of fees under the Agreement. Consultant is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services under the Agreement. No part of Consultant's compensation will be subject to payroll taxes. CITY OF MAPLEWOOD will regularly report amounts paid to Consultant by filing Form 1099-MISC with the Internal Revenue Service. 4. CONFIDENTIAL INFORMATION. 4.1. Definition of Confidential Information. "Confidential Information" as used in the Agreement shall mean any and all technical and non-technical information and proprietary information, including without limitation, techniques, sketches, drawings, models, Intellectual Property, apparatus, equipment, algorithms, software programs and software source code documents, related to the current, future and proposed products and services of CITY OF MAPLEWOOD, its suppliers and customers, CITY OF MAPLEWOOD's information concerning research, experimental work, development, design details and specifications, engineering information, financial information, procurement requirements, purchasing and manufacturing information, G5, Attachment 2 Packet Page Number 78 of 171 customer lists, business forecasts, sales and merchandising and marketing plans and information. 4.1.b. Nondisclosure and Nonuse Obligations. Consultant will use the Confidential Information solely to perform Consulting Services for the benefit of CITY OF MAPLEWOOD. Consultant agrees that it shall treat all Confidential Information of CITY OF MAPLEWOOD with the same degree of care as it accords to its own Confidential Information, and Consultant represents that it exercises reasonable care to protect its own Confidential Information, and Consultant represents that it exercises reasonable care to protect its own Confidential Information. If Consultant is not an individual, Consultant agrees that it shall disclose Confidential Information only to those employees who need to know such information and certifies that such employees have previously agreed, either as a condition of employment, or in order to obtain the Confidential Information, to be bound by terms and conditions substantially similar to those of the Agreement. Consultant agrees not to communicate any information to CITY OF MAPLEWOOD in violation of the Proprietary rights of any third party. Consultant will immediately give notice to CITY OF MAPLEWOOD of any unauthorized use or disclosure of the Confidential Information. Consultant agrees to assist CITY OF MAPLEWOOD in remedying any such unauthorized use or disclosure of the Confidential Information. 4.1.c. Exclusions from Nondisclosure Obligations. Consultant's obligations under Paragraph 4.2(b)("Nondisclosure") with respect to Confidential Information shall terminate when Consultant can document that: (a) the information was in the public domain at or subsequent to the time it was communicated to Consultant by the disclosing party through no fault of Consultant; (b) the information was rightfully in Consultant's possession free of any obligation of confidence at or subsequent to the time it was communicated to Consultant by the disclosing party; or (c) the information was developed by employees or agents of Consultant independently of and without reference to any information communicated to Consultant by the disclosing party. If Consultant is required to disclose the Confidential Information in response to a valid order by a court or other government body, or as otherwise required by law or as necessary to establish the rights of either party under the Agreement, Consultant agrees to provide CITY OF MAPLEWOOD with prompt written notice so as to provide CITY OF MAPLEWOOD with a reasonable opportunity to protect such Confidential Information. 4.1.d. Disclosure of Third Party Information. Neither party shall communicate any information to the other in violation of the proprietary rights of any third party. 4.2. RETURN OF CITY OF MAPLEWOOD'S PROPERTY. All materials (including, without limitation, content articles, documents, drawings, models, apparatus, sketches, and lists) furnished to Consultant by CITY OF MAPLEWOOD, whether delivered to Consultant by CITY OF MAPLEWOOD or made by Consultant in the performance of services under the Agreement (collectively referred to as the "CITY OF MAPLEWOOD Property") are the sole and exclusive property of CITY OF MAPLEWOOD and/or its suppliers or customers. Consultant agrees to G5, Attachment 2 Packet Page Number 79 of 171 keep all CITY OF MAPLEWOOD property at CITY OF MAPLEWOOD'S premises unless otherwise permitted in writing by CITY OF MAPLEWOOD. Consultant agrees to promptly deliver the original and any copies of the CITY OF MAPLEWOOD Property to CITY OF MAPLEWOOD at any time upon CITY OF MAPLEWOOD's request. Upon termination of the Agreement by either party for any reason, Consultant agrees to promptly deliver to CITY OF MAPLEWOOD or destroy, at CITY OF MAPLEWOOD's option, the original and any copies of the CITY OF MAPLEWOOD Property. Within five (5) days after the termination of the Agreement, Consultant agrees to certify in writing that Consultant has so returned or destroyed all such CITY OF MAPLEWOOD Property. 4.3 OBSERVANCE OF CITY OF MAPLEWOOD RULES. At all times while on CITY OF MAPLEWOOD premises, Consultant will observe CITY OF MAPLEWOOD'S rules and regulations with respect to conduct, health and safety and protection of persons and property. 4.4. NO CONFLICT OF INTEREST. During the term of the Agreement, Consultant will not accept work, enter into a contract, or accept any obligation, inconsistent or incompatible with Consultant's obligations, or the scope of services rendered for CITY OF MAPLEWOOD, under the Agreement. Consultant warrants that, to the best of its knowledge, there is no other contract or duty on Consultant's part, which conflicts with or is inconsistent with the Agreement. Consultant agrees to indemnify CITY OF MAPLEWOOD from any and all loss or liability incurred by reason of the alleged breach by Consultant of any services agreement with any third party. 5. TERM AND TERMINATION. 5.1. TERM. The Agreement is effective as of the Effective Date set forth below. 5.2. TERMINATION. Either party may terminate the Agreement, with or without cause, at any time upon fifteen (30) days' prior written notice to the other party. 6. SUCCESSOR AND ASSIGNS. Consultant may not assign the Agreement or subcontract or otherwise delegate its obligations under the Agreement without CITY OF MAPLEWOOD'S prior written consent. Subject to the foregoing, the Agreement will be for the benefit of CITY OF MAPLEWOOD'S successors and assigns, and will be binding on Consultant's assignees. 7. CONSEQUENTIAL DAMAGES. Neither party will be liable to the other for any consequential, special or incidental. 8. NOTICES. Any notice required or permitted by the Agreement shall be in writing and shall be delivered as follows with notice deemed given as indicated: (I) by personal delivery when delivered personally; (ii) by overnight courier upon written verification of receipt; iii) by telecopy or facsimile transmission upon acknowledgment of receipt of electronic transmission; or (iv) by certified or registered mail, return receipt requested, upon verification G5, Attachment 2 Packet Page Number 80 of 171 of receipt. Notice shall be sent to the addresses set forth above or such other address as either party may specify in writing. 9. GOVERNING LAW. The Agreement shall he governed in all respects by the laws of the United States of America and by the laws of the State of Minnesota, excluding Minnesota's conflict of law provisions. 10. SEVERABILITY. Should any provisions at the Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of the Agreement shall not be affected or impaired thereby. 11. WAIVER. The waiver by CITY OF MAPLEWOOD of a breach of any provision of the Agreement by Consultant shall not operate or be construed as a waiver of any other or subsequent breach by Consultant. 12. INJUNCTIVE RELIEF FOR BREACH. Consultant's obligations under the Agreement are of a unique character that gives them particular value; breach of any of such obligations will result in irreparable and continuing damage to CITY OF MAPLEWOOD or which thee will be no adequate remedy at law; and, in the event of such breach, CITY OF MAPLEWOOD will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate). 13. ENTIRE AGREEMENT. The Agreement constitutes the entire agreement between the parties relating to the subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. The terms of the Agreement will govern all Project Assignments and services undertaken by Consultant for CITY OF MAPLEWOOD. The Agreement will govern all aspects of the Program as laid out in Exhibit A and services offered by Consultant through the CITY OF MAPLEWOOD. The Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing. IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first written above. ________________________ __________________________ City of Maplewood/Date Cherrywood Pointe/Date Melinda Coleman Barbara MeKenye City Manager Executive Director City of Maplewood Cherrywood Pointe 1830 East County road B 2996 Cleveland Ave. North Maplewood, MN. 55109 Roseville, MN. 55113 G5, Attachment 2 Packet Page Number 81 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Chris Swanson, Environmental Specialist Shann Finwall, AICP, Environmental Planner DATE: March 3, 2015 SUBJECT: Approval of the 2015 Spring Clean Up (April 18) Introduction The 2015 Spring Clean Up is scheduled for Saturday, April 18, 2015, from 8 a.m. to 1 p.m. at Aldrich Arena (1850 White Bear Avenue). The event allows residents to dispose of bulky items and household hazardous waste. It also offers an opportunity for the City to recycle or reuse items that might end up in the waste stream. Background Items Accepted Items accepted at the Spring Clean Up include miscellaneous junk, construction debris, bulky metals, tires, appliances, electronics, furniture (including mattresses), carpet, bicycles, household hazardous waste, and unused or unwanted prescription medicine. Reuse and recycling of materials is a big component of the City’s clean up events. During the Spring Clean Up several nonprofit and recycling companies will be accepting materials at no or minimal cost to the City including Goodwill (gently used furniture and household items for reuse), The Small Engine Doctors (small engines to be refurbished), Re-Cycle (bicycles to be refurbished), Bro-Tex (carpet to be recycled), Momentum - formally Project for Pride in Living (mattresses to be recycled). For the third year the Maplewood Police Department will be collecting unwanted or unused medicine from residents for disposal at the Ramsey County Sheriff’s Office. Items accepted include pills, capsules, gel packs, IVs, inhalers, creams, and other items. Ramsey County’s Household Hazardous Waste collection program will take place during the event. Ramsey County will accept oil, paint, antifreeze, fluorescent bulbs, and other hazardous household chemicals free of charge. As part of the event, Maplewood will sponsor a food drive. Residents can drop off nonperishable food and cash donations at the event’s entry gate. All donations will go to Second Harvest Heartland Food Bank. New this year, the City will offer paper shredding and car seat collection. Residents can bring confidential papers to the event for shredding and recycling by First Shred free of charge. The City is partnering with Regions Hospital Car Seat Program. During the event a representative G6 Packet Page Number 82 of 171 from Regions will accept used car seats from resident. The car seats will be inspected for safety and redistributed to needy parents or caregivers in our community. Car seats that don’t pass the safety inspection will be recycled or disposed of as part of the event. Fall Clean Up Campaign The third annual Fall Clean Up Campaign is tentatively scheduled for the first full two weeks in October 2015. The event will allow residents to schedule curbside pickup of bulky items from the City’s trash hauling contractor at a reduced rate. Budget Impact The attached 2015 Spring Clean Up flyer includes pricing for the event. Residents will pay approximately 40 percent of the cost to dispose of the items, with the City subsidizing 60 percent (an average of $9,000 per event). Costs associated with the Spring Clean Up are funded by the City’s Recycling Program budget. Recommendation Approve the 2015 Spring Clean Up scheduled for Saturday, April 18, 2015, from 8 a.m. to 1 p.m. at Aldrich Arena (1850 White Bear Avenue). Attachment 1. 2015 Spring Clean Up Flyer 2 G6 Packet Page Number 83 of 171 Maplewood Spring Clean Up Saturday, April 18, 2015 8 a.m. to 1 p.m. Aldrich Arena, 1850 White Bear Avenue Items Accepted: Miscellaneous junk, construction debris, bulky metals, tires, appliances, electronics, furniture (including mattresses), carpet, bicycles, car seats, and other assorted items for free or a small fee (see fee schedule below). Payment can be made via cash or check. • Household Hazardous Waste: Ramsey County will be collecting household hazardous waste (HHW) like paint, chemicals, oil, and other household items free of charge at the event. For more information on items collected and additional HHW hours and drop off sites visit RamseyAtoZ.com. • Unwanted Medicine: Residents can dispose of medicine for free at the event. The Maplewood Police Department will be in attendance to collect items such as pills, capsules, gel packs, IVs, inhalers, creams, and other items. Used needles, syringes, or lancets will not be accepted at the event but can be disposed of at the Ramsey County Sheriff’s year-round drop off site. For a complete list of medicine accepted and information on the drop off sites visit RamseyAtoZ.com. • Paper Shredding: Protect your identity and credit by shredding private documents. Residents can bring sensitive documents (old bank accounts, credit card statements, old medical records, etc.) and have the documents shredded for free. • Car Seats: Children’s car seats will be collected for free during the Spring Clean Up by a representative from Regions Hospital. The car seats will be inspected for safety and redistributed to needy parents/caregivers. The donor of the car seat must verify that the car seat has never been in a crash. • Second Harvest Heartland Food Drive: Residents are encouraged to make a nonperishable food or cash donation at the entry gate to the event. These donations support Second Harvest Heartland, a local food shelf (www.2harvest.org). Items Not Accepted: Leaves, branches, and other yard waste will not be accepted at the event. Please contact Republic Services, the City’s contracted trash and yard waste hauler, at 651.455.8634 to set up yard waste service or dispose yard waste at one of Ramsey County’s yard waste sites (RamseyAtoZ.com). Type of Load and Fee • Vehicle Loads o Pick-Up Truck $15.00 o 4’ x 8’ Trailer $20.00 o Car $10.00 o Mini Van $15.00 • Bulky Items* o Appliances** $15.00 o Electronics (w/screen) $10.00 o Car Tires $5.00 o Furniture Which $10.00 Cannot Be Reused (couches, mattresses, chairs) * Bulky item charge in addition to load charge. ** Appliances with ammonia subject to increased charge. Additional Materials Collected at No Charge • Furniture Which Can Be Reused (lightly used) Goodwill – (www.goodwill.org) • Bicycles (any condition) - Re-Cycle (www.re- cycle.com) • Carpet (dry carpet and foam padding, maximum 6-foot wide roll) – Bro-Tex (www.brotex.com/carpetrecycling) • Small Engines (lawn mower, snow blower, etc., any condition) – Small Engine Doctors • Household Hazardous Waste – Ramsey County (RamseyAtoZ.com) Information: • Chris Swanson, Environmental Technician , at 651.249.2305 or chris.swanson@ci.maplewood.mn.us • Maplewood Spring Clean Up Webpage, www.ci.maplewood.mn.us/cleanups G6, Attachment 1 Packet Page Number 84 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: March 3, 2015 SUBJECT: Approval of Waterfest Sponsorship Introduction Waterfest is a celebration of our clean lakes and offers outdoor fun and opportunities for hands- on learning about water quality, wildlife, and special ecological features of our watershed. This year Waterfest is scheduled for Saturday, May 30, 2015, from 11 a.m. to 4 p.m. at Lake Phalen in St. Paul. The Ramsey-Washington Metro Watershed District (RWMWD) has hosted the event since 2000. The theme for this year’s event is A Water Wonderland. The City of Maplewood sponsors the event each year, and hosts educational booths and displays that highlight Maplewood’s sustainability initiatives. RWMWD is requesting Maplewood’s sponsorship again this year, increasing our donation from $850 to $1,000 as a Platinum Level Sponsor (refer to RWMWD letter attached). This sponsorship helps support the community celebration and zero waste event, and assists the City in achieving its educational requirements for our Municipal Separate Storm Sewer Systems (MS4) permit. Budget Impact The $1,000 Waterfest sponsorship will come from the Environmental Utility Fee (EUF) fund and will assist the City in achieving its educational requirements for our Municipal Separate Storm Sewer Systems (MS4) permit. Recommendation Approve the Waterfest Sponsorship in the amount of $1,000. This sponsorship will help support the Ramsey-Washington Metro Watershed District’s Waterfest event scheduled for May 30, 2015, at Lake Phalen in St. Paul. Attachments 1. Ramsey-Washington Metro Watershed District ’s January 5, 2015, Correspondence G7 Packet Page Number 85 of 171 January 5, 2015 Mayor Slawik and City Council City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mayor Slawik and City Council, Thank you for your past support of WaterFest, a very special celebration of our clean water. WaterFest 2015 is set for Saturday, May 30 from 11:00 a.m. - 4:00 p.m. at Lake Phalen Park. This year’s theme is “A Water Wonderland”. We are planning new activities including Heart of the Beast Theater water games, music and dance performed by Center for Hmong Arts and Talent and a passport with stations featuring Fest sponsors. We are also continuing our commitment to making WaterFest a zero waste event. Your past sponsorship has made a powerful public statement about your commitment to clean water and zero waste. We invite you to maintain that commitment as a $1,000 Platinum Level Sponsor. As a Platinum Level Sponsor, your logo will be prominently displayed on the WaterFest banner and poster and on the WaterFest Web page with a live link to your website. Maplewood’s name also will be included in press releases and in the WaterFest program. Please show your support for clean water. Every dollar goes towards making WaterFest a free, fun community celebration. We will call you soon to discuss your sponsorship. We look forward to Maplewood’s continued involvement in WaterFest Sincerely, Sage Passi Debbie Meister Watershed Education Specialist WaterFest Coordinator Cc: Shann Finwall, Environmental Planner G7, Attachment 1 Packet Page Number 86 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, City Engineer/Director of Public Works DATE: March 3, 2015 SUBJECT: Approval of Resolution Supporting State Funding for City Streets Introduction The City Council will consider approving a resolution supporting state funding to help fund city streets. Background / Discussion The League of Minnesota Cities Board of Directors on February 19, 2015 adopted a resolution demonstrating support for new dedicated state funding for city streets. The resolution, which is aimed at formalizing a directive enacted by the Board in January, supports “an omnibus transportation funding bill that provides additional dedicated state funding for city streets including funding that can be used for non-MSA (Municipal State Aid) city street maintenance, construction and reconstruction.” The resolution will be presented to legislators, Governor Mark Dayton and other stakeholders. Cities are asked to adopt a similar resolution if they support such an approach thus the resolution is being presented for consideration. State funding towards local roads is of interest to many communities as increasing demands on local roadways require increasing investment typically from local tax levies or special assessments. 108 of the City’s 135 miles of local roads do not qualify for state funding. This leaves a large percentage of Maplewood’s local roads ineligible to receive dedicated Highway User Tax Distribution Fund dollars. The City must take a balanced approach and this resolution expresses that sentiment. Budget Impact No budget impacts to the City. Recommendation It is recommended that the City Council adopt the attached Resolution Supporting State Funding for City Streets. Attachment 1. Resolution G8 Packet Page Number 87 of 171 RESOLUTION SUPPORTING DEDICATED STATE FUNDING FOR CITY STREETS WHEREAS, Minnesota contains over 141,000 miles of roadway, and over 22,500 miles—or 16 percent—are owned and maintained by Minnesota’s 852 cities; and WHEREAS, almost 85 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 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, city cost participation in state and county highway projects diverts resources from city-owned streets; 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--and therefore taxpayers--save seven dollars in repairs; and WHEREAS, cities need greater resources, including an additional dedicated state funding source for transportation, and flexible policies in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MAPLEWOOD that the City of Maplewood supports an omnibus transportation funding bill that provides additional dedicated state funding for city streets including funding that can be used for non-MSA city street maintenance, construction and reconstruction. ADOPTED by the City of Maplewood this 9th day of March, 2015. G8, Attachment 1 Packet Page Number 88 of 171 Agenda Item G 9 MEMORANDUM TO: Melinda Coleman, City Manager C: Gayle Bauman, Finance Director FROM: Steve Lukin, Fire Chief DATE: March 2, 2015 SUBJECT: Approval to Dispose of Fire Department Vehicles and Miscellaneous Equipment Introduction With the closing of three of our fire stations, the following fire department vehicles will no longer be needed: 1994 ambulance, 1990 Ford fire truck, 1984 Ford fire truck, 1989 Ford fire truck, 2003 Dodge Durango, 1998 Ford ambulance and miscellaneous equipment that has little or no value. All of these items will be disposed of per city policy and if junked they will be recycled in the appropriate manner. All vehicles and miscellaneous equipment will be offered to other fire departments first and if not sold, they will go to auction. Recommendation I recommend that the city council approve the disposal of the fire department vehicles and miscellaneous equipment. Attachments None Packet Page Number 89 of 171 G10 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mychal Fowlds, IT Director DATE: March 3, 2015 SUBJECT: Update on Removal/Sale of Unneeded Office Furniture Introduction This is an update on the item previously taken to Council on February 23, 2015 as “Approval of Resolution Supporting Disposal of Old Office Furniture” that was tabled. During the various renovation projects the City has completed over the past 3 years we’ve accumulated a stock of left over furniture pieces. Staff has made many attempts to find a recipient for these pieces and has been unsuccessful. Staff originally requested removal through disposal/recycling. Staff has reviewed our options and will now be selling the items via public auction. Background As stated above, as the City reconfigured some of its spaces with new office areas and furniture we began to collect a quantity of office furniture that was of no use to the City anymore. Some of this furniture was easily grouped together and sold via public auction. What is left over is older pieces along with a decent supply of modular office pieces. Staff reached out to the State of Minnesota’s Reuse Center and they stated that they do not accept modular furniture and were not interested in the other pieces. Staff found this to be the answer from other inquiries as well. Staff worked with the Green Team to explore other options and found a company that would repurpose what they could and dispose of the rest at a cost of approximately $1,600 to the City. While repurposing some of the furniture would be a benefit, staff did not feel comfortable spending tax dollars to do so. Having exhausted many other options, staff requested to move forward with recycling any materials that could be recycled and dispose of any items that would be left. Staff heard the concerns of the City Council at the February 23, 2015 City Council meeting regarding the lack of cataloging of items and the hope that we could repurpose at least some of the pieces. Staff discussed this and feel that auctioning off the contents of the trailers at the Spring City auction will be the best option. Any items sold will then be repurposed/reused and anything unsold will then be recycled. Staff spoke with Tennis Sanitation and they will be more than able to help us remove any items that go unsold. Budget Impact There will be a cost for renting the trailers until the Spring auction but it will be offset by the proceeds from any sales at the auction. Packet Page Number 90 of 171 G10 Recommendation No action is needed. The proposed plan spelled out above meets the City’s requirements for disposal of City assets. Attachments Packet Page Number 91 of 171 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 92 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation Director SUBJECT: Approval of Contract Partnership Agreement between the City of Maplewood and the YMCA DATE: March 9, 2015 Introduction Staff discussed the details of the proposed City of Maplewood and YMCA partnership agreement with the City Council at the February 23, 2015 Council Workshop (the information presented and discussed with council is included in this staff report). Mr. Shane Hoefer, Executive Director of the White Bear Area YMCA and the White Bear Lake Area Schools YMCA Aquatic Center, was also present and responded to questions from the council. As discussed at the council workshop, this agreement speaks to a long-term vision in which the City and the YMCA will work collaboratively to develop a strategic vision moving forward for the Maplewood Community Center (MCC). Staff is requesting approval of the Contract Partnership Agreement (Agreement) between the City of Maplewood and the YMCA. The Agreement requires the YMCA to manage the Aquatic Center and related programming. It also includes a provision whereby the YMCA, through a YMCA Branch Manager, will work directly with staff in the day-to-day operations of the MCC. The YMCA will also be working with staff to develop a marketing campaign including fitness, membership, banquet area, and other programming activities at the MCC. Attached is a copy of the proposed Agreement for council’s review. City Attorney, Mr. Alan Kantrud, has reviewed the agreement. The YMCA’s Board of Directors has also approved the Agreement pending Council approval. Background Staff feels that this partnership represents an exciting opportunity for the City of Maplewood on many levels, including: 1. The YMCA shares Maplewood Parks and Recreation’s mission of creating strong families and communities through youth development, programming, and recreational opportunities; 2. The YMCA partnership will help support the City’s initiatives regarding Integrated Youth Development; 3. The YMCA has an impressive track record of creating powerful collaborative partnerships with cities, schools, and other community organizations. By working with the YMCA, Maplewood Parks and Recreation will be able to leverage the Y’s extensive community connection experience and their decades of expertise in recreational facility management and resources; I1 Packet Page Number 93 of 171 4. The City of Maplewood is working to better connect with the growing diversity of the community including area businesses. Active collaboration with the YMCA will help the City more effectively reach out to diverse community members and businesses. 5. A collaborative partnership with the YMCA is the most effective way to continue to offer and expand upon our recreational opportunities and continue to be mindful of the tax burden on Maplewood residents and businesses. In addition, staff is working to create a sustainable business model for the MCC that will allow the facility to remain open and operational in the coming years. We recognize that, in order to accomplish this, operational changes must be made. Each and every MCC program area will be thoroughly evaluated for purpose and effectiveness. Resulting changes will impact existing MCC jobs. Staff presented and discussed the proposed partnership agreement with the YMCA at the January Parks and Recreation Commission meeting. The framework for the partnership agreement between the City and the YMCA is as follows: • YMCA will manage the MCC Aquatic Center; • YMCA will manage the two City Beach contracts; • YMCA will conduct swimming lessons; • YMCA will support staff with the overall management of the MCC; • YMCA will support staff with development of marketing strategies for the MCC. The Agreement is for a three year period beginning on April 1, 2015 and concluding on March 31, 2018. The City and the YMCA may terminate the Agreement with or without cause by providing written notice by February 28, 2016 and February 28, 2017 for the upcoming year. Current MCC lifeguard staff will be given first priority to continue working at the MCC and beaches as YMCA employees. MCC staff will be required to interview, pass a criminal background test, demonstrate competencies of YMCA lifeguards, and possess valid certifications in ordered to be hired as a YMCA employee. This hiring process is very similar to the City’s with regard to hiring lifeguards. Budget Impact The proposed fees and revenue sharing components (per year) of the Agreement are as follows: • YMCA base fee for managing and operating the MCC Aquatic Center is $157,500 (first year fee is $150,000) due to the aquatic center operating only eleven months; • YMCA fee for managing the City of Maplewood’s Beach Contracts is $30,000; • YMCA fee for marketing and management services is $70,150 (first year fee is $75,996 due to start date of April 1, 2015); • YMCA fees are subject to a 2% increase for an inflation adjustment for years 2 and 3 of the contract; • City retains all revenue from beach contracts and pool rentals, approximately $46,000 and $9,500 respectively; I1 Packet Page Number 94 of 171 • City shall be paid 25% of participant fee revenue collected from swimming lessons with a minimum guarantee of $25,000 for each year of contract – first year goal is $39,000; • YMCA shall pay an annual maintenance fee of $5,000 for first year of contract, $6,000 for second year and $7,000 for the third year. The proposed agreement with the YMCA will hopefully be revenue neutral (-$15k to +$15k). However, it is anticipated that the City will benefit from this partnership in the coming years as the two entities work together to develop a strategic vision to continue to “move” the MCC forward. Recommendation Staff recommends that the City Council approve the Contract Partnership Agreement between the City of Maplewood and the YMCA. The YMCA agrees to manage the Aquatic Center and related programming, work directly with staff on marketing the MCC, and support staff with the overall management of the MCC. Attachments 1. Contract Partnership Agreement between the City of Maplewood and the YMCA – Agreement. I1 Packet Page Number 95 of 171 AGREEMENT THIS AGREEMENT is made on this _____ day of __________, 2015, by and between Young Men’s Christian Association of the Greater Twin Cities, a non-profit corporation, and the City of Maplewood. Young Men’s Christian Association of the Greater Twin Cities, with its headquarters at 2125 E. Hennepin Ave., Minneapolis, Minnesota, 55413, will hereinafter be referred to as the “YMCA”. The City of Maplewood, with its headquarters at City Hall, 1830 County Road B E, Maplewood, Minnesota, 55109, will hereinafter be referred to as the “City”. WHEREAS, the City owns and operates the Maplewood Community Center located at 2100 White Bear Avenue in Maplewood, Minnesota 55109, which will hereinafter be referred to as “MCC” and the YMCA owns and operates White Bear Area branch YMCA, located at 2100 Orchard Lane, White Bear Lake, Minnesota, 55110; WHEREAS, the City desires to work with the YMCA to create a vision for future operations and support of the mission of the MCC; WHEREAS, the City desires to support the YMCA through its vision to serve relentlessly with the community until all can thrive in each stage of life; and WHEREAS, the City and the YMCA have negotiated an agreement for the direct operation of the Aquatic Center, which consists of the room housing the swimming pools at the MCC, and related programming and to support City staff in the overall management of the MCC. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, it is agreed by the parties hereto as follows: 1. THE SCOPE of this Agreement shall include: A. ON SITE AQUATICS AT MCC. The YMCA will assume direct operational leadership and supervision of the MCC Aquatic Center, swimming lessons held there, and all related aquatic operations conducted at the MCC, excluding group-rentals of the pool/aquatics area. B. OFF SITE AQUATICS OPERATED BY MCC. YMCA will fulfill MCC’s contractual obligations to provide lifeguarding services at Silver Lake Beach, 2601 19th Ave. E., North St. Paul, Minnesota, 55109, and at Mahtomedi Beach, 600 Stillwater Road, Mahtomedi, Minnesota, 55115. The City agrees not to amend these contracts without the YMCA’s consent. Additionally, the City currently has an aquatics-specific Joint Powers Agreement with Independent School District No. 622 which is not included in the scope of this Agreement. C. MANAGEMENT SERVICES AT MCC. The YMCA will support staff with the responsibility for overall management of the MCC as described in Exhibit A, working in coordination with the City’s Parks and Recreation Director. D. MARKETING SUPPORT FOR MCC. Through the management position provided by the YMCA as described in Section 1C and Exhibit A, the YMCA will provide 1 I1, Attachment 1 Packet Page Number 96 of 171 MCC-specific marketing recommendations to the City’s Parks and Recreation Director. The City agrees to assign 20% of a FTE administrative position to create marketing deliverables and to provide for a $35,000 annual budget. This arrangement is further described in Exhibit B. 2. YMCA OPERATIONS will include the direct employment of aquatics staff, the ability to set standards relating to aquatics operations, and control over the branding and pricing of swimming lessons in consultation with the City’s Parks and Recreation Director. A. GENERAL AQUATICS. Through this Agreement, the YMCA shall be responsible for the direct employment of a full time exempt aquatics supervisor and all aquatics staff, such as lifeguards and swimming lesson instructors at the MCC and the beaches referenced in Sections 1A and 1B. All aquatic employees will be identified as YMCA staff. B. BRANDING. The MCC Aquatic Center will be branded with YMCA signage and logos identified and supplied by the YMCA. Swimming lessons conducted at the MCC will also be branded by the YMCA and known as “YMCA Swim Academy.” Branded elements will be removed by the YMCA at the termination of this agreement. C. SUPPLIES & EQUIPMENT. The YMCA will be responsible for purchasing: supplies and equipment used by pool users, lifeguards and swimming instructors including staff uniforms, rescue tubes, kick boards, recreational noodles, and similar items. The City will be responsible for purchasing: first aid supplies, chemicals necessary for pool operation or maintenance, engineering supplies, mechanical parts, custodial supplies, deck equipment such as lifeguard chairs, lounges, or member/user amenities, or equipment required for the general maintenance, operations, and engineering systems of the aquatic center. D. AQUATIC STANDARDS & CERTIFICATIONS. The YMCA will identify and describe its standard operating procedures for aquatics operations and maintains the right to identify and select these criteria as they relate to aquatics operations, including certifications for lifeguards, swimming instructors, and any other staff directly supervised by the YMCA. The YMCA will assume all costs associated with training and certification of all lifeguards. E. AQUATIC SWIM LESSON PRICING, REGISTRATIONS, AND RENTALS. YMCA will identify pricing for swim lessons in consultation with City’s Parks and Recreation Director. Initial prices will be $64 for MCC members and $79 for non-members, using a pro-rated daily rate to determine fees for non- standard session lengths. All registrations will be processed by MCC staff and made available to the YMCA for auditing purposes. MCC staff will work with YMCA Aquatic staff regarding scheduling of pool rentals. F. HIRING OF AQUATIC STAFF. As it hires staff for the MCC Aquatic Center and beaches, YMCA will provide first priority to currently employed MCC lifeguards who wish to continue working at the MCC as YMCA employees. MCC lifeguards will be given first priority in an interview process and may be hired at YMCA wages provided they satisfy YMCA hiring standards, such as passing a YMCA criminal background check, demonstrating competencies required of 2 I1, Attachment 1 Packet Page Number 97 of 171 lifeguards by the YMCA, and possessing valid certifications identified by the YMCA. YMCA retains the right to not hire current MCC lifeguards if they fail to satisfy YMCA hiring standards. 3. MCC RULES AND REGULATIONS. The YMCA, in conjunction with the MCC, shall have the responsibility for drafting rules and regulations for the use in the MCC aquatic center. These rules and regulations shall be posted in appropriate places throughout the MCC. The YMCA shall have the power to enforce these rules and regulations, and in the event of an emergency, YMCA personnel reserve the right to unilaterally direct all people within the MCC aquatic center according to YMCA protocol. However, if the MCC aquatic center is being used for City or MCC purposes not described within this Agreement, the City shall have the primary responsibility for enforcing and agrees to enforce the rules and regulations for the MCC and agrees to educate those participating in or observing the programs of the importance and necessity of complying with the rules and regulations. 4. SCHEDULING OF AQUATIC CENTER. The YMCA and the City shall meet not less than quarterly, and upon request of either party, to establish pool schedules for use of the MCC aquatics center. 5. TERM. Both the City and the YMCA may terminate the Agreement with or without cause effective April 30, 2016 by providing written notice by Feb. 28, 2016 to terminate the Agreement. Both the City and the YMCA may terminate the Agreement with or without cause effective April 30, 2017 by providing written notice by Feb. 28, 2017 to terminate the Agreement. 6. REVENUE SHARING AND FEES. Operational fees paid to the YMCA by the City for the purposes of this Agreement, and revenue shared between the organizations, shall be as follows: See Exhibit C 7. Operations and Maintenance. The City shall operate and maintain the MCC in a safe and proper manner and in conformance with all Minnesota laws and rules related to public pools. The City shall be responsible for providing safe, clean and sanitary conditions in and about the MCC. The City shall be responsible for all maintenance of the exterior and interior of the MCC, including, but not limited to, landscaping, parking lots, sidewalks, the roof, the pool, the mechanical and electrical components of the MCC, the HVAC system, signs, lighting, water filtration, heating and cooling, and plumbing. The City shall be responsible for any contracts for furnishing electricity, gas, fuel, water, telephones, computer service, window cleaning, snow and ice removal, lawn maintenance, trash or rubbish hauling or any other services the City deems necessary or required to operate and maintain the MCC. The City shall pay or cause to be paid all MCC financing indebtedness, real estate and property taxes, and other ownership and operational expenses for the MCC. The City shall obtain insurance that may be necessary to insure the interests of the City and the YMCA in the operation and use of the MCC and shall maintain property insurance for the full replacement value of the MCC. The City and the YMCA shall require criminal history background checks for all employees employed by the City or the YMCA to perform operations services at the MCC. 3 I1, Attachment 1 Packet Page Number 98 of 171 8. Indemnity and Insurance. a. YMCA to City: To the extent permitted by law, the YMCA shall indemnify and defend the City and its employees, agents and contractors, and save them harmless from and against all claims, losses or liabilities arising out of damage to property of, or injury to, any third parties or the City, including the City's employees, agents and contractors, occasioned by or caused in connection with the acts or omissions of the YMCA or the YMCA's employees, agents and contractors, and all costs, fees and reasonable attorneys' fees, including in-house or staff attorneys' fees, incurred in connection therewith. The YMCA shall include the City as an additional insured on any policies of liability insurance carried by the YMCA relating to the MCC. Furthermore, all policies of liability insurance maintained by the YMCA shall contain a waiver of subrogation as to the City and shall be at limits no less than the liability limits of the City's liability insurance. The YMCA shall provide certificates of insurance to the City evidencing all insurance coverages required pursuant to this Agreement on an annual basis. b. City to YMCA: To the extent permitted by law, the City shall indemnify and defend the YMCA and its employees, agents and contractors and save them harmless from and against all claims, losses or liabilities arising out of damage to property of, or injury to, any third parties or the YMCA, including YMCA employees, agents and contractors, occasioned by or caused in connection with the acts or omissions of the City or the City's employees, agents, and contractors, and all costs, fees and reasonable attorneys' fees, including in-house or staff attorneys' fees, incurred in connection with the City's use of the MCC. The City shall include the YMCA as an additional insured on any policies of liability insurance carried by the City relating to the MCC. All policies of liability insurance maintained by the City shall contain a waiver of subrogation as to the YMCA. The City shall provide certificates of insurance to the YMCA evidencing all insurance coverages required pursuant to this Agreement on an annual basis. 9. Dispute Resolution Procedure: All disputes arising between the parties involving the interpretation or application of the terms and conditions of this Agreement, including, but not limited to, any alleged breach and the rights and obligations of the parties, both monetary and non-monetary, shall be subject to the dispute resolution procedure set forth herein. a. Informal Meeting: The first stage of dispute resolution shall be an informal meeting between the Director of the White Bear Area Branch YMCA, or his or her designee, and the City’s Parks and Recreation Director, or his or her designee. b. Conference: The second stage of dispute resolution shall be a conference. When a dispute has arisen between the parties and is not settled promptly in the normal course of business, the complaining party shall notify the other party of its complaint by means of a brief written statement. The statement shall describe with specificity the alleged wrong and shall set forth the complaining party's position. Within ten (10) calendar days of receipt of the complaining party's written statement, the parties shall meet. Each party may designate those person(s) who will meet as representatives on that party's behalf. The complaining party will present its position, claims, 4 I1, Attachment 1 Packet Page Number 99 of 171 defenses, and other relevant information. Following the complaining party's presentation, the other party will present its position, claims, defenses, and other relevant information. Each party shall have up to one (1) hour to make its presentation. Immediately following the parties' presentations, the parties shall meet for the purpose of resolving the dispute. c. Mediation: The Third stage of dispute resolution shall be mediation. If the parties have not resolved the dispute within thirty (30) days of receipt of the written complaint, each party may require the dispute be submitted for mediation. If the parties are unable to agree on a mediator within ten (10) days following a request for mediation, the parties shall request that the Mediation Center for Dispute Resolution, 1536 Hewitt Avenue, St. Paul, Minnesota, appoint a mediator. The parties agree to share equally all fees incurred in the mediation. The parties shall submit to mediation for a minimum of eight (8) hours. The parties agree that the mediation proceedings are private and confidential. If, at the end of eight (8) hours of mediation, the parties have not resolved the dispute, the parties may agree to extend the hours of mediation. d. Arbitration: The fourth stage of dispute resolution shall be final and binding arbitration. If the parties are unable to resolve the dispute by means of mediation and the requisite minimum eight (8) hours of mediation have been fulfilled, either party may submit the dispute to binding arbitration. Arbitration proceedings shall be governed by the then-existing commercial arbitration rules of the American Arbitration Association (AAA) and shall be heard and decided by a single arbitrator. The parties agree to bear equal responsibility for the fees of AAA, including the fees of the arbitrator. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In the event that arbitration services are not available from AAA, either party may request that an arbitrator be appointed by the Chief Judge of the Second Judicial District Court. e. Compliance: The parties deem the dispute resolution procedure as set forth herein to be an integral and essential part of this Agreement. A party's failure to comply in all respects with the procedure shall be a substantial breach of the Agreement. The arbitrator shall be authorized to assess costs and attorney's fees against a party that has failed to comply with the procedure in all respects, and, may as a condition precedent to arbitration, require the parties to comply with the conference and mediation stages. 10. Amendments, Changes, Modification. This Agreement may not be amended, changed, modified, altered or terminated without the prior written consent of the City and the YMCA. 11. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the City and the YMCA and their respective successors and assigns. 12. Notices. Any notice, request, consent or approval, required or permitted to be given hereunder, shall be in writing and shall be deemed effective (a) on the date delivered, if hand delivered, (b) on the date mailed by registered or certified U.S. Mail, return receipt requested, with adequate postage affixed, or (c) on the date 5 I1, Attachment 1 Packet Page Number 100 of 171 when sent, charges pre-paid, if delivered by commercial overnight delivery service or U.S. Express Mail, as evidenced by service receipt or Express Mail postmark. Notice shall be addressed to the addresses stated below or to such other address or addressee as may from time to time be designated by either party by notice similarly given Address of the YMCA: Young Men’s Christian Association of the Greater Twin Cities 2125 East Hennepin Avenue Minneapolis, MN 55413 Attn: Chief Operating Officer Address of City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 Attn: Parks & Recreation Director 13. Severability. In the event that any provision of this Agreement shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Agreement. 14. Breach. If the City does not maintain the MCC, its aquatic center or the equipment, the YMCA shall, upon providing 60 days’ written notice to the City except in the event of an emergency, have the right to incur such costs and to take such actions as are reasonable to rectify the City’s failure, and the YMCA should be entitled to immediate reimbursement from the City, with interest and costs of collection. Additionally, minor delays in the execution of various articles of this Agreement, such as the failure by either party to pay monthly charges, will not trigger the serial dispute resolution procedures in Section 9, unless such delays exceed 60 days. 15. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which, taken together, shall constitute one and the same Agreement. 16. Captions. The captions or headings in this Agreement are for convenience only and in no way define or describe the scope or intent of any provisions or sections of this Agreement. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 18. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto with respect to the subject matter hereof and supersedes all Agreements, representations, warranties, statements, promises, and understandings, whether oral or written, with respect to subject matter hereof. No party will be bound by or charged with any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in this Agreement. 19. Laws. The City, at its sole expense, shall comply with all laws, orders and regulations of federal, state and municipal authorities and any other governmental entity having jurisdiction over the MCC relating to use of the MCC. 6 I1, Attachment 1 Packet Page Number 101 of 171 20. Data Practices Compliance. YMCA will have access to data collected or maintained by the City to the extent necessary to perform YMCA's obligations under this Agreement. YMCA agrees to maintain all data obtained from the City in the same manner as the City is required under the Minnesota Government Data Practices Act, Minn. Stat. Chap. 13 (the "Act"). YMCA will not release or disclose the contents of data classified as not public to any person except at the written direction of the City or as otherwise required by law. YMCA agrees to defend and indemnify the City from any claim, liability, damage or loss asserted against the City as a result of YMCA's failure to comply with the requirements of the Act. 21. Nondisclosure and Nonuse Obligations. YMCA will use any Confidential Data, as explicitly identified by the City as Confidential Data, solely to perform Services contemplated herein for the benefit of City. YMCA agrees that it shall treat all Confidential Data of City with the same degree of care as it accords to its own Confidential Data, and YMCA represents that it exercises reasonable care to protect its own Confidential Data. If YMCA is not an individual, YMCA agrees that it shall disclose Confidential Information only to those employees who need to know such information and certifies that such employees have previously agreed, either as a condition of employment, or in order to obtain the Confidential Data, to be bound by terms and conditions substantially similar to those of the Agreement. YMCA agrees not to communicate any information to City in violation of the Proprietary rights of any third party. YMCA will immediately give notice to City of any unauthorized use or disclosure of the Confidential Data. YMCA agrees to assist City in remedying any such unauthorized use or disclosure of the Confidential Data. 22. Exclusions from Nondisclosure Obligations. YMCA's obligations under the Nondisclosure and Nonuse Obligations section with respect to Confidential Data shall terminate when YMCA can document that: (a) the information was in the public domain at or subsequent to the time it was communicated to YMCA by the disclosing party through no fault of YMCA; (b) the information was rightfully in YMCA's possession free of any obligation of confidence at or subsequent to the time it was communicated to YMCA by the disclosing party; or (c) the information was developed by employees or agents of YMCA independently of and without reference to any information communicated to YMCA by the disclosing party. If YMCA is required to disclose the Confidential Data in response to a valid order by a court or other government body, or as otherwise required by law or as necessary to establish the rights of either party under the Agreement, YMCA agrees to provide City with prompt written notice so as to provide City with a reasonable opportunity to protect such Confidential Data. 23. Disclosure of Third Party Information. Neither party shall communicate any information to the other in violation of the proprietary rights of any third party. 24. Return of City Property. All materials (including, without limitation, content articles, documents, drawings, models, apparatus, sketches, and lists but excluding items purchased and supplied by the YMCA such as YMCA branded signs, materials, and equipment) furnished to YMCA by City, whether delivered to YMCA by City or made by YMCA in the performance of services under the Agreement (collectively referred to as the "City Property") are the sole and exclusive property of City and/or its suppliers or customers. YMCA agrees to promptly deliver the original and any copies of the City Property to City at any time upon City's request. Upon termination of the Agreement by either party for any reason, YMCA agrees to promptly deliver to City or destroy, at City's option, the original and any copies of the City Property. 7 I1, Attachment 1 Packet Page Number 102 of 171 Within five (5) days after the termination of the Agreement, YMCA agrees to certify in writing that YMCA has so returned or destroyed all such City Property. WHEREFORE, the parties hereto have executed this Agreement on the respective dates set forth below. CITY OF MAPLEWOOD YMCA OF GREATER TWIN CITIES By: By: Its: Mayor Its: Chief Operating Officer By: Dated: ______________________ Its: City Clerk Dated: 8 I1, Attachment 1 Packet Page Number 103 of 171 Exhibit A MANAGEMENT SERVICES AT MCC. The YMCA shall hire and supervise a full time manager to support staff at the MCC. Through this position, the YMCA will directly supervise aquatic operations. This position will interface with the other major departments, including Fitness, Banquet, Child Care, Concessions, Admissions, Engineering, Custodial, and Membership. The City’s Parks and Recreation Director will directly supervise all other employees at the MCC. Through this position, the YMCA will leverage its management expertise in assisting staff with the overall management of the MCC, in coordination with the City’s Parks and Recreation Director and which will be supported by a YMCA committee led by the Director of the White Bear Area YMCA and the related YMCA operational vice president, among others. Exhibit B MARKETING LEADERSHIP FOR MCC. Through the full time manager described in Exhibit A, the YMCA, in consultation with the Parks and Recreation Director and other MCC staff, shall provide an annual MCC-specific marketing plan funded by a separate budget independent of all other fees associated with this Agreement and designated by the City as the MCC’s annual marketing budget. This amount is to be at least $35,000 per annum. The City further agrees to designate 20% of a FTE administrative employee to support the creation of this plan and to design and create marketing deliverables in fulfillment of the plan. The scope of marketing deliverables to be included in this plan will not include television or radio advertising, and will consist primarily of direct mail postcards, flyers, posters, and brochures designed and created by the City’s 20% FTE administrative employee working with the YMCA’s full time manager. Exhibit C Fees and Revenue Sharing. a. ON-SITE AQUATICS. The fee for Aquatic Services as identified in Section 1A shall be $150,000 to operate the aquatic center and run swimming lessons for Year 1, the period of May 1, 2015 through April 30, 2016, which is an adjusted amount for the Year 1 base fee of $157,500 in recognition that the pool will be open for use by swimmers for only 11 months during Year 1. b. OFF SITE AQUATICS. The Year 1 base fee for Aquatic Services (lifeguarding) as identified in Section 1B shall be $30,000. Supervision of these beaches may be assigned to YMCA staff housed at MCC or to White Bear Area YMCA staff. c. MANAGEMENT & MARKETING SERVICES. The fee for Management and Marketing Services as identified in Sections 1C and 1D is $75,996 for the 13- month period of March 30, 2015 to April 30, 2016, based on an annualized Year 1 base fee of $70,150. d. EXPENSE INFLATION ADJUSTMENT. The YMCA shall have the right to increase Year 1 base fees as identified in Exhibit C.A, C.B, and C.C. by up to 2% for each of years 2 and 3 of this Agreement to adjust for expense inflation. These increases shall be made in a compounding fashion. YMCA shall inform the City of its decision by October 31 of the preceding year. 9 I1, Attachment 1 Packet Page Number 104 of 171 e. REVENUE and REVENUE SHARING. The City retains all revenue derived from its contracts to operate the beaches identified in Sections 1B and from any group pool rentals in the MCC Aquatic Center. The YMCA shall retain 100% of revenue collected from any other aquatic programming, excluding space rentals, held at the MCC or the beaches identified in Section 1B. The YMCA will collect all revenue for swimming lessons from the MCC following the point of sale and direct such revenue through its own financial accounting systems. The City shall be paid 25% of participant fee revenue collected for the YMCA Swim Academy swim lesson program, which the YMCA shall pay to the City on a quarterly basis. The YMCA shall keep the remaining 75% of the revenue. With respect to the YMCA Swim Academy revenue sharing, in Year 1, the YMCA guarantees a minimum payment of $25,000 to the City, and the City and the YMCA will mutually establish a guaranteed minimum for Years 2 and 3 based on a projection of Year 1 enrollment. f. The YMCA will invoice the City and the City shall pay on a monthly basis for the fees described in Sections 6A, 6B, and 6C. g. The YMCA shall pay a Maintenance Fee quarterly to the City of Maplewood, to be used solely for the upkeep, maintenance, and improvement of the MCC aquatic center. In Year 1, this amount shall be $5,000. In Year 2, $6,000. In Year 3, $7,000. Fee Schedule Summary Fees and revenue sharing components (per year) of contract agreement are as follows: • YMCA base fee for managing and operating the MCC Aquatic Center is $157,500 (first year fee is $150,000) due to the aquatic center operating only eleven months; • YMCA fee for managing the City of Maplewood’s Beach Contracts is $30,000; • YMCA fee for marketing and management services is $70,150 (first year fee is $75,996 due to start date of April 1, 2015); • YMCA fees are subject to a 2% increase for an inflation adjustment for years 2 and 3 of the contract; • City retains all revenue from beach contracts and pool rentals, approximately $46,000 and $9,500 respectively; • City shall be paid 25% of participant fee revenue collected from swimming lessons with a minimum guarantee of $25,000 for each year of contract – first year goal is $39,000; • YMCA shall pay an annual maintenance fee of $5,000 for first year of contract, $6,000 for second year and $7,000 for the third year. 10 I1, Attachment 1 Packet Page Number 105 of 171 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 106 of 171 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag , City Clerk DATE: March 3, 2015 SUBJECT: Approve Liquor License Manager for Rainbow Foods, Paula A. Thoreson Introduction Paula A. Thoreson has submitted an application to assume the off-sale liquor license manager responsibilities for Rainbow Foods, 2501 White Bear Avenue. Background For the purposes of this license application, a background investigation was conducted on Ms. Thoreson. Nothing has been indentified that would prohibit her from assuming the manager responsibilities for Rainbow Foods. City staff will be making periodic onsite visits to ensure compliance to eliminate the sale of alcoholic beverages to underage persons, and compliance with the City’s code of ordinances. In addition, the applicant has received a copy of the City Code and has familiarized herself with the provisions contained within it. Budget Impact None Recommendation It is recommended that the Council approve Paula A. Thoreson as the liquor license manager for Rainbow Foods, 2501 White Bear Avenue. Attachments None Packet Page Number 107 of 171 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: March 3, 2015 SUBJECT: Tennis Sanitation’s Annual Recycling Performance Review 1) Approval of the 2014 Recycling Report 2) Approval of the 2015 Recycling Work Plan Introduction Maplewood’s contract with Tennis Sanitation, LLC, for city-wide residential recycling service requires them to have an annual recycling performance review with the Environmental and Natural Resources Commission and the City Council. A requirement of the review is the submittal of a recycling report and work plan. The report includes data on last year’s recycling program including quantity of recyclable materials collected, marketed, and stored; quantity of process residual disposed; log of all education tags left because of non-targeted materials set out for recycling; and log of all complaints/compliments. The work plan includes proposals for recycling system improvements. Background 2014 Recycling Report The 2014 Recycling Report summarizes the City’s single and multiple family recycling programs (Attachment 1). Following is a comparison of the 2013 and 2014 average pounds per household per month and annual net tons of materials collected from single family and multiple family households: 2013 2014 • Average pounds per single family household per month 43.78 lbs 53.48 lbs • Annual net total tons collected for single family households 2,414.62 tons 2,949.92 tons • Average pounds per multiple family household per month 13.24 lbs 12.95 lbs • Annual net tons collected for multiple family households 319.56 tons 312.64 tons Additional observations regarding the City’s recycling program in 2014: • Average pounds per single family households have increased 22% over the last year. • Total tons for single family households increased by 535.30 tons over the last year. • The average participation rate for 2014 for single family households is 91%. Participation is counted if a household places recyclables out at least once a month. • Average pounds per multiple family households have decreased by .29 tons, but remain somewhat consistent over the last four years. J2 Packet Page Number 108 of 171 • At the end of 2014 there were 15 small businesses and churches that opted into the City’s recycling program. A total of 30,157 pounds of recyclables were collected at these facilities. • There were 11,180 pounds of recyclables collected in City Parks in 2014. • The December 2014 Composition Study reflects that a majority of Maplewood’s recyclables are made up of paper (46.48%) and cardboard (21.36%). • Maplewood’s 2014 recycling residuals (items in the recycling that cannot be recycled) totaled 29.36 tons, or .9% of recyclables. Review of 2014 Recycling Work Plan Following is an update of items accomplished from the 2014 Recycling Work Plan: 1. Recycling Carts: In March 2014 Tennis rolled out 65 gallon recycling carts to all single family homes and 35 gallon recycling carts to townhomes and manufactured homes with curbside recycling. The year-end report reflects that the carts have had a positive impact on the curbside recycling rates and participation. 2. Small Business and Church Recycling: In 2014 the recycling contract was amended to allow small businesses and churches to opt into the City’s curbside recycling program. At the end of 2014 there were 15 small businesses and churches that opted into the City’s recycling program. This was possible through outreach efforts by City staff, Tennis, and Waste Wise, a nonprofit affiliate of the Minnesota Chamber of Commerce. 3. Education to Low and Non-Participating Residents: The fall edition of Seasons (Solid Waste by the Numbers) featured a Solid W aste Survey and Get Caught Recycling contest. Both of these efforts targeted education to low and non-participating residents. The results of the Solid Waste Survey are attached (Attachment 2). 4. Recycling Education: Tennis hosted a tour of their recycling facility in St. Paul Park in the summer of 2014. The recycling facility tour was videotaped and edited for the City’s Spotlight on Maplewood cable show. Tennis representatives attended a workshop with the Environmental and Natural Resources Commission to discuss recycling education, recycling markets, and ways the City could improve its recycling program. Tennis assisted the City with the creation of a combined recycling and trash guide (Maplewood Solid Waste Management Guide). This guide was mailed to residents in January 2015. 2015 Ramsey County Recycling Performance Work Plan As part of the City’s SCORE recycling grant, the County requires the City to enter into a Recycling Performance Work Plan. The City’s 2015 Recycling Performance Work Plan (Attachment 3) is used to help guide Tennis’ yearly Recycling Work Plan. 2015 Recycling Work Plan Tennis’ 2015 Work Plan (Attachment 4) includes a recycling cart and household audit, promoting small business and church recycling, targeting education to low and non-participating residents, bilingual recycling education, an end-market tour, recycling education for multiple family homes, and promoting the “name the skunk” activity by painting the names on the new trucks. 2 J2 Packet Page Number 109 of 171 Commission Review The Environmental and Natural Resources Commission reviewed Tennis Sanitation’s 2014 Annual Recycling Report and 2015 Recycling Work Plan on February 25, 2015. During the review the Commission made recommendations and comments regarding the City’s recycling program. Changes were made to the reports based on their recommendations. Budget Impact None Recommendation Approve Tennis Sanitation’s Annual Recycling Performance Review including: 1. Approval of the 2014 Recycling Report 2. Approval of the 2015 Recycling Work Plan Attachments 1. 2014 Recycling Report 2. 2014 Maplewood Solid Waste Management Survey Results 3. 2015 Ramsey County Recycling Performance Work Plan 4. 2015 Recycling Work Plan 3 J2 Packet Page Number 110 of 171 2014 Greg & Willie Tennis Tennis Sanitation 1/30/2015 Maplewood Recycling Report J2, Attachment 1 Packet Page Number 111 of 171 Index of Recycling Report Letter of Purpose……………………………………...................….………… Page 1 Recycling Data Summary…………………………...................…….…... Page 2 Recycling Data (Single Family)……………….....................…………. Page 3 Recycling Data (Multi-family)…………………...................……….…… Page 4 Multi-family individual summary letter……...................……..….. Page 5 Inquiries, Linens, Cardboard, & Parks Summary..................... Page 6 Composite Studies………………………………......................………..…… Page 7 Environmental Impact Analysis………………...................…...……… Page 8 Fun Facts to be proud of……………………………...................…….…… Page 9, 10 and 11 Glass Recycling Processors………..…………..................…….………… Page 12 Market Report - the end markets…………..................…….………… Page 13 Additional Items................................................................ Page 14 Summary of Year-end Recycling Report…….…..................…….. Page 15 Appendix of Recycling Report Recycling Report Summary (ALL)………….…............….......…….. Appendix A Recycling Report (Multi-family)……………….............….........……. Appendix B (large) Monthly Recycling Report Letter (Example)……...................... Appendix C Monthly Multi-family Report Data (Example)…....................... Appendix D Monthly Single Family Report Data (Example)…..................... Appendix E (large) Recycling Data Summary..................………….....................…. Appendix F Educational Tags and Complaints/Compliments Log Report Educational Tags............................................................... Appendix G Compliments/Complaints.................................................... Appendix H J2, Attachment 1 Packet Page Number 112 of 171 January 30, 2015 City of Maplewood Maplewood, MN 55109 1830 County Road B E RE: LETTER OF PURPOSE Dear City of Maplewood, This Year-end recycling report has been prepared for the City of Maplewood. The report contains summaries of recycling data for both single family and multi-family, inquiries, composite study information, environmental impact report, fun facts and a market report, along with a report summary. This year's report we have also added three years of comparison data to help measure the success of the recycling program. The data in this report has been utilized over the years to assist us in understanding past, present and future progress of the recycling program as well as helping us develop future strategies to enhance the recycling programs already in place. Sincerely, Greg & Willie Tennis Greg and Willie Tennis Tennis Sanitation J2, Attachment 1 Packet Page Number 113 of 171 Maplewood recycling year-end report 2014 page 2 RECYCLING DATA SUMMARY In this report we have compiled annual data from both single family and multi-family dwellings (SEE APPENDIX A). This data includes:  Net tonnage of all residential and multi-family dwellings combined (tan)  Break-out of single family tonnage and set-out rates (yellow)  Break-out of multi-family tonnage (blue)  Separate measurement of weights for cardboard and linens (bottom of APPENDIX A)  Break-out of single family recycling materials by type and weight (yellow)  Break-out of multi-family recycling materials by type and weight (blue)  Break-out of combined tonnages (green)  Inquiries tracked per month (bottom of APPENDIX A)  Also business volume, parks and cardboard are included The data is compiled from recyclable materials collected from our drivers on designated Maplewood routes. Loads are weighed; weights are then compiled over a month’s period of time. Weights are broken out based on a composite ratio of the entire load. J2, Attachment 1 Packet Page Number 114 of 171 Maplewood recycling year-end report 2014 page 3 RECYCLING DATA (SINGLE FAMILY) The Single Family Data in APPENDIX A (yellow) was compiled from the single family homes after taking out the multi-family weights. From this data – we are able to illustrate the weight per home (in lbs.) per month. We also have tracked the number of residents (“Not-outs”) that do not place their recycling out on a weekly basis. In analyzing the single family data, we are able to provide the following observations:  2014 Average lbs. per household per month = 53.48 lbs. per month Single Family comparison data average lbs. per household per month: Year 2011 = 38.91 lbs. per month, Year 2012 = 41.95 lbs. per month, Year 2013 = 43.78 lbs. per month  Average lbs. per household have increased 22% from last year!!  2014 Annual Net total tons collected for single family were 2,949.92 SF comparison data Annual Net Total Tons: Year 2011 = 2,146.06 tons, Year 2012 = 2,313.61 tons, Year 2013 = 2,414.62 tons.  Total tons increased by 535.30 tons from last year!! Other New Data Collected: Participation Percentage of Residents TOTAL PARTICIPATON % FOR 2014 YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVRG 2013 83% 80% 81% 83% 84% 84% 84% 87% 85% 84% 83% 88% 84% 2014 87% 84% 91% 93% 93% 97% 92% 92% 92% 92% 91% 92% 91% Participation is defined as a resident who places their recycling out curbside at least one time per month. Additional Trends: The 2014 Maplewood Solid Waste Survey reflects that 91% of the respondents like the new recycling cart. This has resulted in increased participation and an increase in Single Family recycling volumes. J2, Attachment 1 Packet Page Number 115 of 171 Maplewood recycling year-end report 2014 page 4 RECYCLING DATA (MULTI-FAMILY) The Data in APPENDIX A (Blue) is the actual data compiled from net total weight family homes after factoring- out the multi-family weights. From this data* – we are able to illustrate the weight per unit (in lbs.) per month. To assist us in providing accurate data, we compile weights on a quarterly basis. This weight is then used to provide us with a fair average of weight generated by each multi-family unit. Our drivers then documented the number of carts dumped at each location on a weekly basis (see APPENDIX D). These weights are then added at the end of each month to provide us with a net total. From the report we are able to calculate the weight per unit per month. In analyzing the multi-family data, we are able to provide the following observations:  2014 Average lbs. per unit per month = 12.95 lbs. per month 2011 comparison data: Average lbs. per unit per month = 12.96 lbs. per month 2012 comparison data: Average lbs. per unit per month = 11.47 lbs. per month 2013 comparison data: Average lbs. per unit per month = 13.24 lbs. per month  Overall tonnage volumes were very consistent over the last four years.  2014 Annual Net total tons collected for multi-family (ANTMF) was 312.64 tons 2011 comparison data: ANTMF was 312.73 tons 2012 comparison data: ANTMF was 276.88 tons 2013 comparison data: ANTMF was 319.56 tons *This data is achieved by collecting all single family and multi-family carts in one route, then deducting the multi-family cart weights from the total. Multi-family weights are taken on a quarterly basis – we use one truck to collect all multi-family dwellings. The total weight is then divided by the number of carts emptied to get an average weight per cart. This data is then entered into multi-family spreadsheet. See APPENDIX D for an example of this report. This data is significant because we are able to easily separate this data from the total tons collected on each day of collection. The remaining tonnage is then the actual tonnage which comes from the single family homes. J2, Attachment 1 Packet Page Number 116 of 171 Maplewood recycling year-end report 2014 page 5 MULTI-FAMILY INDIVIDUAL SUMMARY LETTER From the data compiled over the twelve months we are able to provide each multi-housing property with an accurate summary report of their recycling volumes (APPENDIX B). We also provide them with some information on how their efforts help with the environment along with additional information to assist them in enhancing their recycling efforts. J2, Attachment 1 Packet Page Number 117 of 171 Maplewood recycling year-end report 2014 page 6 INQUIRIES SUMMARY Below are twelve months of data documenting the number of residents that called into our office. This year with the new cart transition we had a larger than normal amount of calls - The most common calls were comprised of what additional items they could recycle and what can I place in my cart. We are confident that our Customer Service Staff (CSRs) resolved all inquiries to the resident’s satisfaction. The Maplewood 2014 solid waste survey reflects that 57% of the respondents rate Tennis Sanitation’s customer service excellent, and 32% rate it to be good. TOTAL INQUIRIES FOR 2014 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 76 76 852 150 58 78 51 51 59 47 23 31 1,552 **Please note- March was heavier due to the transition of the recycling cart. 2011 TOTAL INQUIRIES (Comparison Data) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 87 64 70 38 16 16 11 15 5 5 5 12 344 2012 TOTAL INQUIRIES (Comparison Data) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 39 16 24 13 22 14 19 21 30 29 23 10 260 2013 TOTAL INQUIRIES (Comparison Data) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 35 14 7 14 8 10 14 11 19 44 35 22 233 LINENS AND SHOES SUMMARY Linens and shoes for the year 2014 totaled 6,270 pounds Year 2011 = 6,217 lbs., Year 2012 = 3,692 lbs., Year 2013 = 8,641 lbs. CARDBOARD SUMMARY Cardboard collected for 2014 from city facilities and buildings totaled 131,346 pounds. Year 2011 = 105,615 lbs., Year 2012 = 92,850 lbs., Year 2013 = 140,650 lbs. BUSINESS and PARKS WEIGHTS We also collect data from some businesses who started recycling TOTAL POUNDS FOR 2014 BUSINESSES: 30,157 lbs CITY PARKS: 11,180 lbs TOTAL POUNDS FOR 2013 BUSINESSES: 2,855 lbs CITY PARKS: 9,140 lbs J2, Attachment 1 Packet Page Number 118 of 171 Maplewood recycling year-end report 2014 page 7 RECYCLING COMPOSITE STUDY For the composite study we kept all loads from the entire week's worth of material and processed only Maplewood's material through our MRF on Saturday. The sorting floor was cleared and the recycling was sorted into the categories (as listed below). All of the categories were then weighed and documented. The results of the composite study were then entered back into the monthly report. Why do a composite study? Having a good understanding of the recycling composition provides us with data that may assist us in adjusting it to fit the needs of the Residents of Maplewood. With on-going changes in the economy, cultural and even changes in the home we can develop more available markets, increase processing technologies to handle more items and enhance educational materials to instruct residents on proper recycling procedures. J2, Attachment 1 Packet Page Number 119 of 171 Maplewood recycling year-end report 2014 page 8 ENVIRONMENTAL IMPACT ANALYSIS From the detailed recycling data from this report, we are able to provide the City of Maplewood with some unique ways that the residents recycling efforts have made a difference. Over the years, recycling markets have been able to recycle more and more items out of the waste stream. They have also been able to determine what resources are saved by recycling various materials. In this report we were able to convert the break-out of types of recycling materials into resources saved. J2, Attachment 1 Packet Page Number 120 of 171 Maplewood recycling year-end report 2014 page 9 FUN RECYCLING FACTS Recycling 75 percent of the nation’s waste will create nearly 1.5 million jobs by 2030 while significantly reducing pollution, saving water and energy, and building economically strong and healthy communities, according to a new study relea sed today by leading labor and environmental groups. The national report More Jobs, Less Pollution was released as part of a series of nationwide events celebrating National Recycling Day, November 15, 2011, with events also taking place in Los Angeles, San Francisco, Cleveland, Austin, Houston, and Washington, D.C. More Jobs, Less Pollution also shows that while the vast majority of municipal solid waste nationwide can be readily recycled, reused, or composted, only 33 percent is currently diverted from disposal, and only 30 percent of the 178 million tons of construction and demolition debris is recycled. Most of our waste is still sent to landfills and incinerators. By implementing a bold national recycling and composting strategy of 75 percent waste diversion rate by 2030, the report shows that we can create much needed local jobs, save resources like water, and reduce pollution and other environmental pollutants that harm human health. http://docs.nrdc.org/globalwarming/files/glo_11111401a.pdf Why Recycle-  Preserves natural resources.  Recycling the print run of a single Sunday issue from the New York Times would save 75,000 trees.  Recycling one ton of aluminum saves four tons of bauxite.  If paper is recycled – it saves 60% of the water normally used to make paper from trees.  If steel is recycled – it save 40% of the water normally used to make steel from iron ore.  Saves energy – making new steel from old scrap saves up to 75% energy, recycling aluminum save up to 95% energy and paper recycling saves up to 70% energy. Note: Less energy consumption = less air pollution, less greenhouse gases and less mercury.  Recycling one aluminum can saves enough electricity to run a TV for 3 hours  Recycling one glass bottle or jar saves enough electricity to light a 100-watt bulb for four hours  Recycling one ton of plastic saves the equivalent of 1,000 –2,000 gallons of gasoline  More than 30 million trees are cut down to produce a year’s supply of newspapers  A ton of paper made from recycled paper saves:  7,000 gallons of water  Between 17 and 31 trees  60 pounds of air pollutants  Recycling a pound of steel saves enough energy to light a 60-watt light bulb for 26 hours.  Americans recycle only 5% of all the plastics produced in this country.  Americans use 100 million steel cans and 200 million aluminum beverage cans every day.  One drip per second from a faucet wastes 540 gallons of water a year.  It takes between 400 and 500 years for a Styrofoam cup to decompose. It takes an orange peel six months to decompose.  Using recycled glass uses 40% less energy than making products from all new materials.  Today, almost 22% of the glass produced in the United States is recycled. http://www.factmonster.com/science/environment/recycling-facts.html J2, Attachment 1J2, Attachment 1 Packet Page Number 121 of 171 Maplewood recycling year-end report 2014 page 10 Fun Recycling facts - continued  The average person generates over 4 pounds of trash every day and about 1.5 tons of solid waste per year.  Americans make more than 200 million tons of garbage each year, enough to fill Busch Stadium from top to bottom twice a day. Next time you’re at a sporting event or tailgate, host a trash-free tailgate using only recyclable materials Sign up for Trash-Free Tailgate.  Over 75% of waste is recyclable, but we only recycle about 30% of it.  We generate 21.5 million tons of food waste each year. If we composted that food, it would reduce the same amount of greenhouse gas as taking 2 million cars off the road.  Recycling one aluminum can saves enough energy to listen to a full album on your iPod. Recycling 100 cans could light your bedroom for two whole weeks.  Recycling aluminum cans saves 95% of the energy used to make alum cans from new material.  Americans throw away 25,000,000 plastic bottles every hour.  Over 87% of Americans have access to curbside or drop-off paper recycling programs.  In 2009, Americans threw away almost 9 million tons of glass. That could fill enough tractor trailers to stretch from NYC to LA (and back!).  If every American recycled just one-tenth of their newspapers, we could save about 25 million trees each year. https://www.dosomething.org/facts/11-facts-about-recycling J2, Attachment 1 Packet Page Number 122 of 171 Maplewood recycling year-end report 2014 page 11 Fun Recycling facts - continued What is plastic made into? Plastics are everywhere in our lives - our kitchens, our vehicles, our purses, and even inside our own bodies. Check out the many ways plastics can be found all around you:  Polyethylene terephthalate (PET) plastic #1: Beverage bottles, food film, microwaveable packages  High-density polyethylene (HDPE) plastic #2: Beverage containers, cleaning product containers, shopping bags, cabling, pipes, wood composites  Polyvinyl chloride (PVC) plastic #3: Toys, pipes, shower curtains, flooring, windows, food films  Low-density polyethylene (LDPE) plastic #4: Produce bags, flexible food containers, shrink wrap, lining for cardboard, wire coverings, toys  Polypropylene (PP) plastic #5: Large and small appliances, food containers, auto parts, pipes  Polystyrene (PS) plastic #6 : Food and beverage containers, CD and DVD cases, plates and cups  Polycarbonate (PC) plastic #7: Beverage bottles, DVDs and CDs, eyeglasses, traffic lights, lenses http://www.ecolife.com Maplewood recycling year-end report 2013 page 12 J2, Attachment 1 Packet Page Number 123 of 171 GLASS RECYCLING PROCESSORS Tennis Sanitation has managed mixed broken glass utilizing Strategic Materials as our glass processor. This is in response to the City’s request to create a glass contingency plan that achieves the overall goal of recycling 100% of the material into the original raw material. We are excited to announce that Strategic Materials has developed a technology that optically sorts broken glass mechanically without manual sorting. This results in minimizing the amount of glass being used for aggregate material. See Strategic Materials endorsement letter below. J2, Attachment 1 Packet Page Number 124 of 171 Maplewood recycling year-end report 2014 page 13 MARKET REPORT 2014 was a stable year for most of the commodities. Fiber markets took their annual drop. Plastics markets remain strong. Aluminum and tin markets took a steady drop but show signs of coming back. Glass market is somewhat limited because there is only processor available to sort glass. Their newest technology sorts broken glass using computerized optical sorters and a complex but innovative blower system. 90% of the broken glass is now being processed into post-consumer food and beverage containers. The outlook for 2015 Future markets are looking like they will remain strong. The markets project the values to be lower than 2014. J2, Attachment 1 Packet Page Number 125 of 171 Maplewood recycling year-end report 2014 page 14 ADDITIONAL ITEMS RESIDUALS: 2014 Residuals (in tons) from recycling was as follows: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL .9 % .9 % .9 % .9 % .9 % .9 % .9 % .9 % .9 % .9 % .9 % .9 % 2.00 tons 1.65 tons 2.06 tons 2.57 tons 2.76 tons 2.54 tons 2.63 tons 2.39 tons 2.50 tons 2.59 tons 2.76 tons 2.92 tons 29.36 tons Residuals consisted of items such as styro foam, foam, shoes, diapers and general garbage. In comparison to 2011: Residuals are down 26.88 tons from last year In comparison to 2012: Residuals are down 55.55 tons from last year In comparison to 2013: Residuals are down 49.30 tons from last year *The contract with Maplewood requires quantities of processed residuals must not exceed 6%. Tennis Sanitation estimates processed residuals from Maplewood’s recyclables at .9% or 29.36 tons. TRUCK WEIGHTS: During the 2014 Calendar - none of our vehicles exceeded the maximum loaded weight allowed by Minnesota Statute and local ordinance when hauling the recyclables collected from the residents of Maplewood. Weight tickets are available upon request. RECYCLING SERVICE FEE: Beginning April of 2014 – once all the recycling carts were delivered, Tennis Sanitation began charging the City of Maplewood $2.50 per unit per month. STORAGE OF EXTRA RECYCLABLE MATERIALS: During the 2014 calendar year our recycling facility had sorted all recyclable materials within 45 days of processing to recycling markets. The only exception are the milk cartons - which are baled and stored until there is enough volume to meet the vendor's minimum shipping requirements and "rare-type" plastics which are stored until a larger enough quantity is available to make a mill size bale. J2, Attachment 1 Packet Page Number 126 of 171 Maplewood recycling year-end report 2014 page 15 SUMMARY OF YEAR-END RECYCLING REPORT The 2014 Maplewood Year-end Recycling Report provides up-to-date information from the City’s recycling activities over the past year. Each section of this report reflects the various ways data was collected, entered and calculated to contribute to meeting our combined goals. In the report we have illustrated the composition of recyclables, itemized volumes of recyclables from both single family and multi-family dwellings as they relate to each break-out of each separate commodity. We also provide information on how the City's recycling efforts will impact our environment. This year's report also reflects "participation" which is calculated from every route sheet which will help us to identify strengths and weaknesses of the recycling program. As we evaluate the three years of data history, we are seeing a consistent pattern of increased participation and tonnage. All of these results point towards success through education and expansion of recycling materials. In March of 2014, the residents of Maplewood were introduced to a curbside recycling cart. Through the data from our cart pilot program - we were able to determine increased success in volume and participation with the usage of the cart. We are excited to have measured and monitored the success of the new cart program and are confident the results will be sustained through future years. J2, Attachment 1 Packet Page Number 127 of 171 APPENDIX A - 2014 RECYCLING DATA SUMMARY J2, Attachment 1 Packet Page Number 128 of 171 APPENDIX B - MONTHLY RECYCLING REPORT MULTI-FAMILY J2, Attachment 1 Packet Page Number 129 of 171 APPENDIX C - MONTHLY RECYCLING REPORT LETTER J2, Attachment 1 Packet Page Number 130 of 171 APPENDIX D - MONTHLY MULTI-FAMILY REPORT DATA J2, Attachment 1 Packet Page Number 131 of 171 APPENDIX E - MONTHLY SINGLE FAMILY REPORT DATA J2, Attachment 1 Packet Page Number 132 of 171 APPENDIX E - MONTHLY SINGLE FAMILY REPORT DATA (CONTINUED) J2, Attachment 1 Packet Page Number 133 of 171 APPENDIX F - RECYCLING DATA SUMMARY J2, Attachment 1 Packet Page Number 134 of 171 APPENDIX G – TAGS SUMMARY REPORT J2, Attachment 1 Packet Page Number 135 of 171 APPENDIX H - Complaints/compliments J2, Attachment 1 Packet Page Number 136 of 171 2014 Maplewood Solid Waste Survey J2, Attachment 2 Packet Page Number 137 of 171 Maplewood Solid Waste Survey Is your trash bill less or more expensive since the conversion to a one-hauler trash system in October 2012? Answered: 84 Skipped: 2 Less Expensive More Expensive No Change I Dont Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Less Expensive 59.52% 50 More Expensive 10.71% 9 No Change 10.71% 9 I Dont Know 19.05% 16 Total 84 J2, Attachment 2 Packet Page Number 138 of 171 Have you ever scheduled a bulky item pick up (appliances, mattresses, etc.) with Republic Services? Answered: 85 Skipped: 1 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 20.00% 17 No 80.00% 68 I Don't Know 0.00% 0 Total 85 J2, Attachment 2 Packet Page Number 139 of 171 Maplewood Solid Waste Survey Do you think the range of materials accepted by Republic Services' curbside collection program adequate? Answered: 84 Skipped: 2 Yes No I Don't Know Never Used Service 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 48.81% 41 No 3.57% 3 I Don't Know 8.33% 7 Never Used Service 39.29% 33 Total 84 J2, Attachment 2 Packet Page Number 140 of 171 Maplewood Solid Waste Survey How would you rate Republic Services’ customer service? Answered: 83 Skipped: 3 Excellent Good Fair Poor I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Excellent 22.89% 19 Good 33.73% 28 Fair 10.84% 9 Poor 4.82% 4 I Don't Know 27.71% 23 Total 83 J2, Attachment 2 Packet Page Number 141 of 171 Maplewood Solid Waste Survey Do you like the new recycling carts provided by Tennis Sanitation? Answered: 82 Skipped: 4 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 91.46% 75 No 6.10% 5 I Don't Know 2.44% 2 Total 82 J2, Attachment 2 Packet Page Number 142 of 171 Maplewood Solid Waste Survey Are you familiar with the types of materials that can be recycled in the City’s single sort recycling program? Answered: 83 Skipped: 3 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 97.59% 81 No 2.41% 2 I Don't Know 0.00% 0 Total 83 J2, Attachment 2 Packet Page Number 143 of 171 Maplewood Solid Waste Survey How would you rate Tennis Sanitation’s customer service? Answered: 81 Skipped: 5 Excellent Good Fair Poor I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Excellent 56.79% 46 Good 32.10% 26 Fair 1.23% 1 Poor 1.23% 1 I Don't Know 8.64% 7 Total 81 J2, Attachment 2 Packet Page Number 144 of 171 Maplewood Solid Waste Survey Have you ever brought items to the City’s Spring Clean Up Event hosted at Aldrich Arena? Answered: 85 Skipped: 1 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 44.71% 38 No 54.12% 46 I Don't Know 1.18% 1 Total 85 J2, Attachment 2 Packet Page Number 145 of 171 Maplewood Solid Waste Survey Would you be interested in a curbside organics collection program for a small monthly fee (organics include food scraps, meat, dairy, and paper that can't be recycled such as paper plates and napkins)? Answered: 81 Skipped: 5 Yes No Maybe 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 19.75% 16 No 54.32% 44 Maybe 25.93% 21 Total 81 J2, Attachment 2 Packet Page Number 146 of 171 Maplewood Solid Waste Survey Do you think the City does enough to educate residents on our trash and recycling programs? Answered: 79 Skipped: 7 Yes No I Don't Know 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses Yes 65.82% 52 No 18.99% 15 I Don't Know 15.19% 12 Total 79 J2, Attachment 2 Packet Page Number 147 of 171 Maplewood Solid Waste Survey How do you learn about, or get answers to trash and recycling questions? Check all that apply Answered: 79 Skipped: 7 City Webpage Calling the City Calllaing the Trash or... Yearly Trash and Recyclin... Ramsey Count A to Z Website Other (please specify) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Answer Choices Responses City Webpage 8.86% 7 Calling the City 2.53% 2 Calllaing the Trash or Recycling Contractor 8.86% 7 Yearly Trash and Recycling Brochure 39.24% 31 Ramsey County A to Z Website 15.19% 12 Other (please specify) 25.32% 20 Total 79 11 / 11 J2, Attachment 2 Packet Page Number 148 of 171 Project Status CITY OF MAPLEWOOD RECYCLING PERFORMANCE WORK PLAN Send all outreach materials to the County for review prior to distribution. The City of Maplewood and Ramsey County agree to the following work plan to increase recycling performance in 2015. Create "Scorecard" of best management practices for multi unit properties to use in 2015. Work with County to provide a "move in and out" piece for property owners. Hauler audit number of 95/65/35 carts in use in Maplewood. Project Regularly review website to update. Use County materials when and where appropriate, including website, to promote increased recycling, HHW, yard waste and organics participation. Work with businesses to look at recycling efforts, in addition to energy and storm water, efforts through Green Bldg. Code Incentive Program. Through hauler monitor participation of non- and low performing residents. Promote the Clear Stream lending program and general green event planning tips. Using PEIG, pilot an organics program at city facilities. City Lead on projects is Shann Finwall and Chris Swanson. Complete all 2015 SCORE requirements, including reporting on time and providing examples of all educational materials distributed. Outreach to all property owners of multi unit buildings. County to provide Karen translated materials. Work with County on Bedford warranty issues and maintain recycling containers. J2, Attachment 3 Packet Page Number 149 of 171 City of Maplewood Recycling 2015 Work Plan Prepared by Tennis Sanitation, L.L.C. J2, Attachment 4 Packet Page Number 150 of 171 2015 Maplewood Recycling Work Plan A. Recycling Cart and Household Audit: In March 2014 Tennis distributed contractor-supplied recycling carts to all single family homes and townhomes and manufactured homes with curbside recycling collection. In the summer of 2015 – Tennis will perform a recycling cart audit to determine the number of different sizes of carts from 35 gal, 65 gal & 95 gal. The audit will reflect the percentage of each size cart residents are utilizing and it will also determine any changes in household numbers from 2014 to 2015. B. Promote Small Business and Church Recycling: The Maplewood recycling contract allows small businesses and churches to opt into the City’s recycling program. Once opted in, Tennis supplies the business or church with one or more 95 gallon recycling cart. In 2015 Tennis’ goal is to increase the number of small businesses and churches opted into the City’s recycling program by at least ten. This will be accomplished through various education and outreach opportunities including: 1. Submitting articles for the City’s newsletter and website on the small business and church recycling program. 2. Targeted mailings and visits to small businesses and churches promoting the program. C. Targeting Education to Low and Non-Participating Residents through Outreach Programs: Tennis will record participation from residents and will provide the route sheets to the City with the monthly report. Based on the information, Tennis will work with the City to contact low and non-participating residents to determine barriers to recycling. With this information a competitive incentive program will be created to increase recycling by low and non-participating residents. D. Expanded Recycling Education Materials in Bilingual Languages and Magnets: Tennis will work with the City to develop recycling information in Spanish and Hmong and make them available upon request. Tennis will also develop a recycling magnet to promote recycling education and City information. 1 J2, Attachment 4 Packet Page Number 151 of 171 E. Arrange End-Market Tours: Set-up a tour for the Environmental and Natural Resources Commission and City Council at local mills and/or processing facilities to see how recycling materials from Maplewood are made back into reusable items. F. Recycling Education for Multi-Family Homes: Tennis will communicate the following information to multi-family homes: 1. Mail year-end results of the recycling volumes for each location. 2. Include updated recycling poster in the mailing. 3. Follow-up with each property and go over the results of 2014 volumes – discuss issues/concerns they might have with the program, and develop opportunities for future enhancement of the program. G. Promote the Name the Skunk Activity: Install the skunk names on the new automated trucks used by Tennis to collect recycling carts in Maplewood. Winning names from previous name the skunk activity include: Smunky the Recycling Skunky, Rosie, and Flower. 2 J2, Attachment 4 Packet Page Number 152 of 171 J3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mychal Fowlds, IT Director DATE: March 3, 2015 SUBJECT: Approval of a Transfer Agreement with Comcast and Midwest Cable/Greatland Connections and Approval of a Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Franchisee and Cable Television System from Comcast to Greatland Connections Introduction This item is being presented to keep you informed on the happenings at the Cable Commission as it relates to the renewal of the Cable Franchise Agreement. Background The City of Maplewood is a member of the Ramsey/Washington Suburban Cable Commission. The City currently has a Cable Franchise Agreement with Comcast that lasted initially until November of 2014. The Cable Commission has been involved in the Cable Franchise Agreement and has extended our existing agreement until 2016 so that the details of any merger involving Comcast could be finalized. Currently, Comcast as a parent company is requesting approval of a transfer agreement that would transfer Comcast infrastructure and subscribers in Maplewood and neighboring communities to Midwest Cable / Greatland Connections. The franchise requires each member City’s consent be given prior to any sale or transfer of said system and your approval of this transfer agreement and subsequent signing of the attached document would constitute that consent. That is the first portion of this item. Secondly, not only does each City need to approve the sale/transfer of ownership, they also need to approve then the Franchisee designation to the new owner. Comcast is currently our Franchisee. Assuming that your approval is given and they transfer ownership to Midwest Cable / Greatland Connections they would then be our new Franchisee. That is the second portion of this item. Comcast is requesting that the approvals listed above be granted prior to March 13, 2015. RWSCC Executive Director Tim Finnerty has provided the attached memo with additional information and will be available to answer any questions or concerns you may have regarding this item. Budget Impact At this point there is no budget impact associated with this item. The financial details of our existing Franchise Agreement would stay consistent through the new renewal date of July 1, 2018. Recommendation Council is being asked to approve the following: Packet Page Number 153 of 171 J3 1. A transfer agreement with Comcast and Midwest Cable/Greatland Connections 2. A resolution conditionally granting the consent to the transfer of control of the Cable Television Franchisee and Cable Television System from Comcast to Greatland Connections Attachments 1. Memo from Tim Finnerty, Executive Director of RWSCC 2. Transfer Agreement & Resolution as Provided by RWSCC 3. Midwest Cable, Inc. signature page 4. Comcast of Minnesota, Inc. signature page Packet Page Number 154 of 171 CABLE COMMISSION RECOMMENDATION REGARDING PENDING APPLICATION FOR TRANSFER OF CONTROL OF FRANCHISE TO MIDWEST CABLE Summary. The City has before it a recommendation from the Cable Commission for Council approval of a transaction which will result in the franchise being transferred from the current holder, a subsidiary of Comcast, to a recently-created company, Midwest Cable LLC. If the transaction is approved, Midwest Cable is expected to change its name to GreatLand Connections, Inc. We will refer to the transferee as GreatLand Connections or GreatLand. The transaction has been approved by many surrounding jurisdictions as part of renewals of franchises, or as part of a settlement of outstanding issues. The Cable Commission examined the transaction on its own merits. Based on that examination, a number of concerns were identified including that the companies involved in the transaction failed to reasonably cooperate; the companies failed to show that GreatLand is financially qualified; the companies failed to show that GreatLand is technically qualified to perform as promised; it was not clear that GreatLand would be able or prepared to step into the shoes of Comcast and provide service on a long-term basis, as well that the documents provided assume that it would, despite the expiration of the franchise looming, continue to have a long-term cash flow from the franchise area – an assumption that cannot be made unless the existing franchise would be renewed or extended; certain franchise non-compliance issues were pending and not resolved. Although these concerns presented a reasonable basis for denial of the transfer, the Cable Commission felt that it was possible that the communities could agree to conditions that would help address the concerns and allow the transfer to move forward as had been accomplished in other Twin Cities area jurisdictions. As a result, the parties engaged in negotiations that yielded a transfer approval agreement with conditions that the Cable Commission determined to recommend to its member municipalities for approval. Those conditions included: An extension of the current franchise and settlement agreement terms. One of our concerns was that we would not have time to evaluate the performance of GreatLand before we were required to address renewal of the existing franchise. Under the settlement, the franchise term is extended to July 1, 2018 so that we will have time to evaluate GreatLand’s performance, and existing PEG funding and the I-Net are preserved for that additional period as well. An additional HD channel. We already have rights to have two HD channels for local use. We will be able to activate a third before the franchise extension ends. We will be able to move forward with our own technological advances while working with GreatLand. The company will extend service to some underserved areas. One of the concerns with the transfer was that GreatLand would not have the capital resources available to extend the existing system to underserved areas. We received commitments to build out to two areas, and of course, J3, Attachment 1 Packet Page Number 155 of 171 TRANSFER RECOMMENDATION – PAGE TWO we will be free to impose additional requirements as part of any renewal. Resolution of certain issues with respect to safety code compliance. The companies also agreed to general conditions that are designed to ensure that there will be full compliance with the existing franchise, and to provide certain protections against rate increases resulting from the cost of the transaction. Recommendation The Cable Commission recommends that the Council approve the following items contained within the Council’s agenda materials: - A Resolution Conditionally Granting the Consent to the Transfer of Control of the Cable Television Franchise and Cable Telelvision System from Comcast Corporation to GreatLand Connections, Inc. - The Transfer Agreement Between and Among the Members of the Ramsey/Washington Suburban Cable Commission, Comcast of Minnesota, Inc., and Midwest Cable, Inc. Description of the transaction. The transaction before the Commission is part of a larger deal that involves the merger of the nation’s two largest cable companies, Comcast and Time Warner (the “Acquisition). When Comcast announced the Acquisition, it also explained that it would divest systems and subscribers to reduce its footprint to 30% or less of multichannel video programming subscribers. Comcast proposed to accomplish this through the sale of certain systems to Charter and the spin- off of systems to a new company, initially identified as SpinCo in SEC documents. (SpinCo has since become Midwest Cable, and if all elements of the transaction are ultimately approved, Midwest will become GreatLand Connections, Inc. For convenience, we refer to the entity that will control the franchises for communities that make up the commission as “GreatLand”). In addition, Comcast is “swapping” systems with Charter to consolidate its holding in certain areas of the country. Comcast will have no direct ownership of GreatLand. Instead, existing Comcast shareholders will receive GreatLand stock, initially owning 100%. Charter Communications will swap 13% of its ownership shares with GreatLand shareholders resulting in existing Comcast subscribers owning shares of Charter, and Charter Communications owning 33% of GreatLand. As part of the transaction, GreatLand entered into a service agreement with Charter (the Charter Service Agreement, or “CSA”) which appears to allow Charter to provide much of the engineering, technical, accounting, billing, and support, including customer service functions for GreatLand. Additionally, GreatLand will also have a Transition Service Agreement (“TSA”) with Comcast to provide specified transitional services to GreatLand for periods of up to eighteen (18) months. GreatLand will also have a Separation Agreement with Comcast that will address legal matters regarding the spin-off and tax and debt issues. GreatLand will be assuming a significant amount of Comcast debt – the exact amount has not been established – and will also be assuming certain deferred tax liabilities. As a result, after the transaction is completed, and the TSA expires, the franchises for the communities will be controlled by GreatLand, and J3, Attachment 1 Packet Page Number 156 of 171 TRANSFER RECOMMENDATION – PAGE THREE Charter, which will own a significant share of GreatLand, will be directly involved in the operations of the system and providing strategic management services that will directly affect subscribers. Municipal authority. Comcast holds a franchise with each of the members of the Commission that provides in relevant part: Section 10.5. Sale or Transfer of Franchise. a. No sale or transfer of the Franchise, or sale, transfer, or fundamental corporate change of or in Grantee…shall take place until a written request has been filed with City requesting approval of the sale, transfer, or corporate change and such approval has been granted or deemed granted… b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements of this Section 10.5… c. The Grantee shall file, in addition to all documents, forms and information required to be filed by applicable law, the following: i. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof. ii. A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MnDOT. Upon request, Grantee shall provide City with a complete copy of any such document; and iii. Any other documents or information related to the transaction as may be specifically requested by the City. d. City shall have such time as is permitted by federal law in which to review a transfer request…. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant to subparagraph (a) or (b) of this Section be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations of the transferor to the City including, but not limited to, any adequate guarantees or other security instruments provided by the transferor…. i. No Franchise may be transferred if City determines Grantee is in noncompliance of the Franchise unless an acceptable compliance program has been approved by City…. In addition, Section 8.2 provides that each member of the Commission “may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of the Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegatee of City. Section 9.2 provides for liquidated damages if the Franchisee fails “to provide data, documents, reports or information or to cooperate with City or Commission during an application process or system review…” The Commission thus had clear authority to review the transaction on behalf of the communities, and to require Comcast to provide information that would allow the Commission to analyze the transaction. The Commission agreed to contribute to preparation of a financial report on the J3, Attachment 1 Packet Page Number 157 of 171 TRANSFER RECOMMENDATION – PAGE FOUR transaction that was commissioned by MACTA. A true copy of that report (approximately 300 pages), which was prepared jointly by Ashpaugh & Sculco and Front Range Consulting (the “Consultants”) is available at the Cable Commission office. In addition, The Cable Commission has worked with its outside counsel, Joe Van Eaton of Best Best & Krieger, to review the transaction from non-financial perspectives, as well to assist the Cable Commission in negotiations. The timing of the review has been driven by the Section 617 of the federal Cable Communications Act of 1984, as amended (“Cable Act” 47 U.S.C. § 537), which provides that localities must either act on a complete application for a transfer within 120 days of its submission, or approval is deemed granted. The time can be extended by mutual agreement. Comcast and GreatLand agreed to extend the time for review of the transaction through and including at least March 13, 2015. It is Staff’s position that the 120-day deadline was never triggered because the Company never submitted a complete application. However, as a matter of caution, the Cable Commission must assume that it and the affected communities must act by the deadline to which Comcast and GreatLand agreed, or else lose rights. CONCLUSION With appropriate conditions having been negotiated among the parties and reflected in the Transfer Resolution and Transfer Agreement, the Cable Commission recommends that the transfer may be approved. Prepared by: Tim Finnerty Executive Director Ramsey/Washington Cable Commission 651-747-3802 timfinnerty@rwcable.com J3, Attachment 1 Packet Page Number 158 of 171 TRANSFER AGREEMENT BETWEEN AND AMONG THE MEMBERS OF THE RAMSEY WASHINGTON SUBURBAN CABLE COMMISSION, COMCAST OF MINNESOTA, INC. AND MIDWEST CABLE, INC. WHEREAS, Comcast of Minnesota, Inc., (“Franchisee”) operates a cable television system (the “System”) in communities which are members of the Ramsey/Washington Suburban Cable Commission (RWSCC) pursuant to a franchise to which the City of Birchwood Village, the City of Dellwood, the City of Grant, the City of Lake Elmo, the City of Mahtomedi, the City of Maplewood, the City of North St. Paul, the City of Oakdale, the City of Vadnais Heights, the City of White Bear Lake, White Bear Township and the City of Willernie, Minnesota, are parties (each community is a “Franchisor”); a March 9, 1995 Memorandum of Understanding; and the April 10, 2014 Settlement Agreement (the “Franchise Documents”); and WHEREAS, the existing franchise agreement dated November 29, 1999, expired on November 28, 2014; and WHEREAS, the Franchise requires the Franchisor’s prior consent to a sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes 238.083; and WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly-owned subsidiary of Comcast Corporation (“Comcast”); and WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transfer the Franchisee, following its conversion to a limited liability company, and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the “Proposed Transaction”); and WHEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as “GreatLand” throughout; and WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the RWSCC on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the “Transfer Application”); and WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee and the System will change, and it requires the prior written approval of the Franchisor; and WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the Franchisor or by the RWSCC, including directing the representatives of the Franchisor to publicly filed and available information, and information posted to Comcast Corporation and other websites (the “Data Request Responses”); and J3, Attachment 2 Packet Page Number 159 of 171 WHEREAS, the Franchisee has agreed it will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal, and Franchisee agrees that it will continue to be so responsible. WHEREAS, the parties have reached agreement on other terms and conditions under which the Application may be approved, subject to and in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc, Comcast, and GreatLand to the Franchisor, RWSCC and their representatives. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: Section 1. This Agreement shall only be effective as to those communities which grant the Transfer Application in a form substantially similar to the attached to this Agreement. This Agreement shall be dated February 15, 2015 for purposes of identification. Section 2. The parties agree: a) The Franchise is extended through and including July 1, 2018. b) Paragraph 10 of the “Settlement Agreement Regarding PEG Capacity” is amended so that the reference to January 1, 2016 is changed to July 1, 2018. c) Paragraph 2 of the “Settlement Agreement Regarding PEG Capacity” is amended to read as follows: “Comcast will make available a second HD PEG channel conditioned upon the Commission affirming in writing that it has ready and available a minimum of 100 hours of locally produced HD content that has not been carried on the existing HD channel. On or after January 1, 2017, the Commission may request the launch of a third HD PEG channel in exchange for the discontinuance of one (1) standard definition PEG channels of the Commission’s choosing. The Commission shall affirm in writing that it has ready and available sufficient locally produced HD PEG programming not already carried on the other two HD PEG channels so as to be able to program at least 6 hours per day with non-character generated HD PEG programming. d) Franchisee will correct any safety code issues identified to it by the Commission as of January 31, 2015 and identify the results of its work to the Commission. Comcast will complete this review and the corrective actions by March 31, 2015. e) Franchisee has been in discussions with Lake Elmo and will promptly reach agreement on the timing and details of a Comcast line extension of its system without charge to the customers or Franchisor, without regard to whether density requirements in the Franchise are satisfied, as to The Sanctuary Development in Lake Elmo. Further, Comcast will promptly commence discussions with Grant regarding the timing of line extensions along the following routes which extension shall also be made without charge to customers or Franchisor, without regard to whether density requirements in the Franchise are satisfied: 105th Street between Jamaica Av N and Inwood Av N; and Inwood Av N between 105th St and 110th Street. Absent a finding of unusual costs, construction shall commence in a reasonable time period. Franchisee may continue to charge for drop costs for drops J3, Attachment 2 Packet Page Number 160 of 171 whose length from the nearest right of way to the customer premises exceed standard installations, as provided in the Franchise. f) Franchisee will pay Commission $15,000 in connection with issues surrounding the transfer application. This amount is not and may not be treated as a franchise fee. g) Franchisee shall pay the Commission $47,610.16 in past-due franchise fees and penalties arising out of a review it conducted of its allocation of revenues from its HD Service Bundles and the omission of the HD Technology Fee from the revenue allocations in certain of those packages from 2012 through 2014. This payment will be made within 30 days of the approval of effective date of this agreement. h) GreatLand warrants that nothing about the Transition Services Agreement with Comcast or the Charter Services Agreement, including the 4.25% fee thereunder, or the relationships created by those agreements, shall be used to reduce the franchise fees otherwise due under the Franchise Documents for cable services provided in any RWSCC community, such that franchise fees cannot be evaded by virtue of those agreements. Within 30 days after closing the Proposed Transaction, GreatLand shall provide a copy of the Charter Services Agreement and Comcast Transition Agreement, subject to reasonable confidentiality protections as necessary. i) GreatLand and Franchisee warrant that for so long as (1) Franchisee is under the ultimate control of GreatLand and (2) the current franchise agreement remains in effect, Franchisee will continue the same franchise fee offset practices as have been followed by the Franchisee during the fourth quarter of 2014. Should a Franchisor grant a competing cable service or video service franchise that is not subject to franchise fee offset limitations as specified herein, this Section 1.9 shall terminate on the date of such franchise grant as to such Franchisor. j) GreatLand assures that it will cause to be made available adequate financial resources to allow Franchisee to meet its obligations under the Franchise, including without limitation, customer service standards in the franchise and under federal law, build out obligation, PEG funding, and all other financial obligations in the Franchise. k) Each Franchisor is only approving the transfer of control to Midwest Cable, Inc. No other transaction is approved, and any other transaction that is subject to approval under the franchise or cable ordinance, whether or not contemplated in the application, shall require Franchisor approval. l) Each Franchisor’s approval of the Transfer Application is made without prejudice to, or waiver of, its and/or the Franchisor’s right to fully investigate and consider during any future franchise renewal process: (i) Franchisee’s financial, technical, and legal qualifications; (ii) Franchisee’s and Franchisee’s compliance with the Franchise; and (iii) any other lawful, relevant considerations. m) Each Franchisor’s approval of the Transfer Application is made without prejudice to, or waiver of, any right of the Franchisor to consider or raise claims based on Franchisee’s or Franchisee’s defaults, any failure to provide reasonable service in light of the community’s needs, or any failure to comply with the terms and conditions of the Franchise Documents, or with applicable law. J3, Attachment 2 Packet Page Number 161 of 171 n) Each Franchisor waives none of its rights with respect to the Franchisee’s compliance with the terms, conditions, requirements and obligations set forth in the Franchise and in applicable law. A Franchisor’s approval of the Transfer Application shall in no way be deemed a representation by the Franchisor that the Franchisee is in compliance with all of its obligations under the Franchise and applicable law. GreatLand warrants that Franchisee will be able to comply with all the terms and conditions of those agreements, including provisions requiring production of documents, maintenance of records and system monitoring. o) After the Proposed Transaction, GreatLand and Franchisee will be bound by all the commitments, duties, and obligations, present and continuing, embodied in the Franchise Documents and applicable law. The Proposed Transaction will have no effect on these obligations. Likewise, the Proposed Transaction will have no effect on any other agreement with any Franchisor or RWSCC now in force or which must be accepted as a condition of the approval hereunder. p) GreatLand shall provide an executed written certification in the form attached hereto within thirty (30) days after consummation of the Proposed Transaction, guarantying the full performance of the Franchisee. GreatLand shall provide the Commission with written notification that the Proposed Transaction closed within ten (10) days after the closing; q) GreatLand will comply with any and all conditions or requirements applicable to GreatLand set forth in all approvals granted by federal agencies with respect to the Proposed Transaction and Transfer Application, however nothing in this paragraph is intended to create or grant any Franchisor or the Commission authority to enforce the conditions that it would not otherwise have. r) GreatLand shall provide a written guarantee in the form attached hereto within thirty (30) days of consummation of the Proposed Transaction specifying that subscriber rates and charges in the Franchise area will not increase or services be reduced as a result of the costs of the Proposed Transaction. GreatLand’s current projections do not require it to increase cable rates, or decrease cable services, in order to perform its obligations under the Franchise Documents, other than those changes made in the ordinary course of business. It will not contend that Franchisee is entitled to any relief from obligations (under the Cable Act’s commercially impracticable standard or otherwise) based on the failure of any financial assumption related to the Proposed Transaction to materialize. s) After the Proposed Transaction is consummated, GreatLand and Franchisee will continue to be responsible for all past acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) Franchise renewal to the same extent and in the same manner as before the Proposed Transaction. t) Except as specifically provided herein, nothing in this Agreement amends or alters the Franchise Documents or any requirements therein or in any agreement between Franchisor and Franchisee in any way, and all provisions of the same remain in full force and effect and are enforceable in accordance with their terms. J3, Attachment 2 Packet Page Number 162 of 171 u) The Proposed Transaction shall not permit GreatLand and Franchisee to take any position or exercise any right with respect to the Franchise and the relationship thereby established with a Franchisor or the Commission that could not have been exercised prior to the Proposed Transaction. v) Approval is conditioned upon receipt of any and all state and federal approvals and authorizations required for the Proposed Transaction. w) The terms and conditions on which the Proposed Transaction closes may not be materially different from the terms and conditions presented to Franchisor as part of the Form 394 application, as amended by subsequent information and representations provided to or made available to the Franchisor directly or by identified public links to such information. x) Approval of the transfer does not constitute an endorsement of any of the terms of the Charter Service Agreement or Transition Services Agreement, and the same do not excuse performance under the Franchise Documents. y) In the event GreatLand were to file for Bankruptcy, GreatLand acknowledges that PEG fees and franchise fees are administrative priority claims, and each Franchisor shall have all of the protections available to the maximum extent allowed under federal bankruptcy law to the continued performance by Franchisee under the Franchise, including the payment of franchise fees and the right to review and approve any transfer or change in control over the Franchisee. Section 3. If any of the conditions or requirements specified in this Agreement are not satisfied, such failure shall be deemed a material breach of the Franchise Documents and applicable law, and subject to revocation and other remedies contained in the Franchise Documents and applicable law. Section 4. If any of the written representations made to the Franchisor or its representatives in the Transfer Application proceeding by (i) Franchisee, (ii) Comcast or (iii) GreatLand, (iv) any subsidiary or representative of the foregoing prove to be materially incomplete, untrue or inaccurate in any material respect, it shall be deemed a material breach of the Franchise Documents and applicable law, and subject to revocation and to other remedies contained in the Franchise Documents and applicable law. Section 5. This agreement shall be governed by the laws of Minnesota. Section 6. This agreement is binding on each party’s successors and assigns. Section 7. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. J3, Attachment 2 Packet Page Number 163 of 171 Midwest Cable, Inc. By: _________________ Name: _________________ Title: _________________ Date: City of Mahtomedi By: __________________ Name: __________________ Title: __________________ Date: Comcast of Minnesota, Inc. By: __________________ Name: __________________ Title: __________________ Date: City of Maplewood By: __________________ Name: __________________ Title: __________________ Date: City of Birchwood Village By: __________________ Name: __________________ Title: __________________ Date: City of North St. Paul By: __________________ Name: __________________ Title: __________________ Date: City of Dellwood By: __________________ Name: __________________ Title: __________________ Date: City of Oakdale By: __________________ Name: __________________ Title: __________________ Date: City of Grant By: __________________ Name: __________________ Title: __________________ Date: City of Vadnais Heights By: __________________ Name: __________________ Title: __________________ Date: City of Lake Elmo By: __________________ Name: __________________ Title: __________________ Date: City of White Bear Lake By: __________________ Name: __________________ Title: __________________ Date: White Bear Township By: __________________ Name: __________________ Title: __________________ Date: City of Willernie By: __________________ Name: __________________ Title: __________________ Date: J3, Attachment 2 Packet Page Number 164 of 171 Attachment 1 Form of Guaranty of Performance GUARANTY OF PERFORMANCE GreatLand Connections, Inc., as the ultimate parent entity of Comcast of Minnesota, LLC, the Franchisee, upon closing of the proposed transaction (as defined in Resolution No. __________) certifies that it has sufficient financial resources and will at all times make available all necessary financial resources to ensure that the Franchisee has the capability to operate and maintain the System in accordance with the Franchise and applicable laws, regulations codes and standards, and to fully comply at all times with the Franchise, and applicable laws, regulations, codes and standards and guarantees such performance. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee. EXECUTED as of _______________________. GreatLand Connections, Inc. By: ________________________ Name: ______________________ Title: _______________________ Address: J3, Attachment 2 Packet Page Number 165 of 171 Attachment 2 Form of Guaranty Regarding Rates GUARANTY REGARDING RATES GreatLand Connections, Inc., upon closing of the proposed transaction (as defined in Resolution No. __________), guarantees that rates and charges for cable service offered by Comcast of Minnesota, LLC, the Franchisee in the Franchisor, will not increase as a result of the cost of the proposed transaction. GreatLand Connections, Inc., agrees that any failure to adhere to this guaranty shall be deemed a violation of the Franchise held by the Franchisee, Comcast of Minnesota, LLC. EXECUTED as of _______________________. GreatLand Connections, Inc., By: ________________________ Name: ______________________ Title: _______________________ Address: J3, Attachment 2 Packet Page Number 166 of 171 RESOLUTION NO. _____ A RESOLUTION CONDITIONALLY GRANTING THE CONSENT TO THE TRANSFER OF CONTROL OF THE CABLE TELEVISION FRANCHISEE AND CABLE TELEVISION SYSTEM FROM COMCAST CORPORATION TO GREATLAND CONNECTIONS, INC. WHEREAS, ________, Minnesota, (“Franchisor”) is a Municipal Corporation; and WHEREAS, Comcast of Minnesota, Inc., (“Franchisee”) operates a cable television system (the “System”) in [COMMUNITY NAME] pursuant to a franchise agreement, a March 9, 1995 Memorandum of Understanding, and the April 10, 2014 Settlement Agreement (the “Franchise Documents”); and WHEREAS, the existing franchise agreement dated November 29, 1999, expired on November 28, 2014; and WHEREAS, Section ____ of the Franchise requires the Franchisor’s prior consent to a sale or transfer of stock so as to create a new controlling interest under Minnesota Statutes 238.083; and WHEREAS, Comcast of Minnesota, Inc., is an indirect, wholly-owned subsidiary of Comcast Corporation (“Comcast”); and WHEREAS, Comcast, as the ultimate parent corporation of Franchisee, has agreed to divest and transfer the Franchisee, following its conversion to a limited liability company, and Cable System to Midwest Cable, Inc., in a process described in the Transfer Application (the “Proposed Transaction”); and WHEREAS, immediately following the closing of the Proposed Transaction, Midwest Cable, Inc., will be renamed GreatLand Connections, Inc., and, for the purposes of this Resolution, the transfer applicant will be referred to as “GreatLand” throughout; and WHEREAS, Comcast filed a Federal Communications Commission Form 394 with the Franchisor on June 18, 2014, together with certain attached materials, which documents more fully describe the Proposed Transaction and which documents, with their attachments, contain certain promises, conditions, representations and warranties (the “Transfer Application”); and WHEREAS, under the Proposed Transaction, the ultimate ownership and control of the Franchisee and the System will change, and it requires the prior written approval of the Franchisor; and WHEREAS, Comcast, through its subsidiaries, provided written responses to some of the data requests issued by the Franchisor or by the Ramsey Washington Suburban Cable Commission, including directing the representatives of the Franchisor to publicly filed and J3, Attachment 2 Packet Page Number 167 of 171 available information, and information posted to Comcast Corporation and other websites (the “Data Request Responses”); and WHEREAS, Franchisee and GreatLand have signed a Transfer Agreement, dated for purposes of identification February 15, 2015, (the “Transfer Agreement”) binding on each of them, which sets forth certain agreements, guaranties, warrantied and conditions; WHEREAS, based on that agreement, and in reliance upon the representations made by and on behalf of Comcast of Minnesota, Inc, Comcast, and GreatLand, to the Franchisor, RWSCC recommended, and Franchisor is willing to grant consent to the Proposed Transaction, so long as those representations are complete and accurate and the agreement becomes fully enforceable; and WHEREAS, subject to the foregoing, the Franchisor’s approval of the Proposed Transaction is therefore appropriate if the Franchisee will continue to be responsible for all acts and omissions, known and unknown, under the Franchise Documents and applicable law for all purposes, including (but not limited to) franchise renewal, and Franchisee has agreed that it will continue to be so responsible. NOW, THEREFORE, BE IT RESOLVED BY THE ___________ AS FOLLOWS: Section 1. ___________ is authorized to sign that certain Transfer Agreement on behalf of Franchisor Section 2. The Franchisor’s consent to and approval of the Transfer Application is hereby GRANTED in accordance with the Franchise, subject to the terms and conditions of the Transfer Agreement. Section 3. This Resolution shall not be construed to grant or imply the Franchisor’s consent to any other transfer or assignment of the Franchise or any other transaction that may require the Franchisor’s consent under the Franchise Ordinances or applicable law. The Franchisor reserves all its rights with regard to any such transactions. Section 4. This Resolution is a final decision on the Transfer Application within the meaning of 47 U.S.C. § 537. Section 5. The transfer of control of the Franchisee and Franchisee from Comcast to GreatLand shall not take effect until the consummation of the Proposed Transaction. [SIGNATURES AND STANDARD FORMS FOR RESOLUTION] J3, Attachment 2 Packet Page Number 168 of 171 J3, Attachment 3 Packet Page Number 169 of 171 J3, Attachment 4 Packet Page Number 170 of 171 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: March 3, 2015 SUBJECT: Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1. March 16th a. Council / Staff Retreat 8:00 am – 4:30 pm 2. March 23rd a. Workshop –No items currently scheduled. 3. April 13th a. Workshop - Update on New Police CAD System; Fire/EMS Needs and Options; Communication Plan Update 4. April 27th a. Workshop – Regional Council of Mayors Presentation given by Myles Shaver from the University of Minnesota and Peter Frosch from Greater MSP; MCC Asset Management Plan Budget Impact None. Recommendation No action required. Attachments None. M1 Packet Page Number 171 of 171