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Home My WebLink About2015 11-23 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 23, 2015 City Hall, Council Chambers Meeting No. 22-15 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. Sign in with the City Clerk before addressing the council. 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 November 9, 2015 City Council Workshop Minutes 2. Approval of November 9, 2015 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Retirement Plaque Presentation for Retirees Walter R. Fasulo and Nick J. Miller 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 a Resolution Accepting Donation to Maplewood Nature Center 3. Approval to Enter Into Agreement for Wildlife Management Services 4. Approval of Resolution Adopting 2016 Assessment Rates, Public Works Permit Fees and Park Availability Charges 5. Approval of New Stop Signs at Monastery Way and Benet Road 6. Approval of Stop Sign Adjustments at Fenton Avenue/Phalen Place and Fenton Avenue/Walter Street Intersections 7. Approval of Resolution Accepting Insurance Labor-Management Committee’s (LMC) Recommendation for Employee Insurance Benefits for 2016 8. Approval of Resolution Adopting Ambulance Rates for 2016 9. Approval of Resolution Adopting 2016 Environmental and Economic Development Fees 10. Approval of a Temporary Lawful Gambling – Local Permit for the East Side Area Business Association (ESABA) 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 THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council mem bers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. H. PUBLIC HEARINGS 1. Beebe Road Street Improvements, City Project 13-10 a. Public Hearing 7:00 pm b. Consider Approval of Resolution Ordering Improvement after Public Hearing (4 votes) 2. Lakewood-Sterling Area Street Improvements, City Project 15-11 a. Public Hearing 7:00 pm b. Consider Approval of Resolution Ordering Improvement after Public Hearing (4 votes) 3. Public Hearing Regarding Cable Television Franchise for Qwest Broadband Services d/b/a CenturyLink to Provide Cable Communications Services I. UNFINISHED BUSINESS 1. Consider Approval of City Prosecutor Contract with Kelly and Lemmons J. NEW BUSINESS 1. Consider Approval of Resolution for 2016 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine 2. Consider Approval of User Service Charges for Fire and EMS Services 3. Consideration of Amendments to the Tree Ordinance and Environmental Chapters – First Reading a. Approval of Ordinance Regulating Trees in the City of Maplewood b. Approval of Tree Standards c. Approval of Ordinance Reconfiguring the City’s Environmental Chapters 4. City Manager Performance Evaluation a. Intent to Close Meeting (§13D.05 subd. 3a) 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 E1 November 9, 2015 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, November 9, 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 5:31 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present C. APPROVAL OF AGENDA Councilmember Cardinal moved to approve the agenda as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. 2016 Proposed Budget Presentations a. Environmental and Economic Development Department b. Fire Department Interim Environmental and Economic Development Director Carver gave the Environmental and Economic Development Department proposed budget presentation and answered questions of the council. Fire Chief Steve Lukin gave the Fire Department proposed budget presentation and answered questions of the council. 2. Review of Tree Ordinance Amendments Environmental Planner Finwall gave the staff report and answered questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 6:53 p.m. Packet Page Number 1 of 150 E2 November 9, 2015 City Council Meeting Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, November 9, 2015 Council Chambers, City Hall Meeting No. 21-15 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05 p.m. by Mayor Slawik. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Absent Robert Cardinal, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda: N1 County Road B Trail N2 Tree Ordinance N3 Congratulations on Election N4 Rush Line Options Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of October 26, 2015 City Council Workshop Minutes Councilmember Juenemann moved to approve the October 26, 2015 City Council Workshop Minutes as submitted. Seconded by Councilmember Koppen Ayes – All The motion passed. 2. Approval of October 26, 2015 City Council Meeting Minutes Councilmember Juenemann requested a correction for item D, correct spelling of last Packet Page Number 2 of 150 E2 November 9, 2015 City Council Meeting Minutes 2 name from Choir to Choi. Councilmember Juenemann moved to approve the October 26, 2015 City Council Meeting Minutes amended. Seconded by Councilmember Koppen Ayes – All The motion passed. 3. Approval of November 2, 2015 City Council Workshop Minutes Councilmember Cardinal moved to approve the November 2, 2015 City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Presentation of Special Commendation Award to Commander Michael Shortreed for His Commitment and Dedication to Minnesota Special Olympics on Behalf of the Maplewood Police Department Public Safety Director Schnell gave the staff report and presented Commander Shortreed with the Special Commendation Award. 2. Presentation of Transportation Advocate Award to Mayor Nora Slawik City Manager Coleman congratulated Mayor Slawik for receiving the Transportation Advocate Award by the Minnesota Transportation Alliance and then provided background information on the award. G. CONSENT AGENDA Councilmember Koppen moved to approve consent agenda items G1-G4. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Koppen moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 665,326.82 Checks # 95991 thru # 96026 dated 10/27/15 $ 258,599.18 Disbursements via debits to checking account Packet Page Number 3 of 150 E2 November 9, 2015 City Council Meeting Minutes 3 dated 10/19/15 thru 10/23/15 $ 323,263.12 Checks #96027 thru #96054 dated 11/03/15 $ 453,586.67 Disbursements via debits to checking account dated 10/26/15 thru 10/30/15 $ 1,700,775.79 Total Accounts Payable PAYROLL $ 512,165.16 Payroll Checks and Direct Deposits dated 10/23/15 $ 1,495.33 Payroll Deduction check # 99101886 thru #99101888 dated 10/23/15 $ 513,660.49 Total Payroll $ 2,214,436.28 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of Resolution Certifying Special Assessments for Unpaid Ambulance Bills Councilmember Koppen moved to approve the resolution to certify $12,532.52 of unpaid ambulance bills for collection with 2016 property taxes which includes interest at the rate of ten percent on the total amount for one year. Resolution 15-11-1269 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following ambulance bills totaling $12,532.52 for collection with the taxes of said property owner for the year 2015, collectible in 2016, which includes interest at the rate of ten percent (10%) on the total amount for one year. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of Resolution Certifying Special Assessments for Unpaid Miscellaneous Charges Councilmember Koppen moved to approve the resolution to certify $5,193.20 of unpaid miscellaneous charges for collection with 2016 property taxes which includes interest at the rate of ten percent on the total amount for one year. Packet Page Number 4 of 150 E2 November 9, 2015 City Council Meeting Minutes 4 Resolution 15-11-1270 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following miscellaneous charges totaling $5,193.20 for collection with the taxes of said property owner for the year 2015, collectible in 2016, which includes interest at the rate of ten percent (10%) on the total amount for one year. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Approval of Resolution Certifying Special Assessments for Unpaid Trash Bills Councilmember Koppen moved to approve the resolution to certify $52,578.65 of unpaid trash bills for collection with 2016 property taxes which includes interest at the rate of ten percent on the total amount for one year. Resolution 15-11-1271 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following trash bills totaling $52,578.65 for collection with the taxes of said property owner for the year 2015, collectible in 2016, which includes interest at the rate of ten percent (10%) on the total amount for one year. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARING None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Consider Approval of Resolution for a Lawful Gambling Premise Permit for White Bear Lake Hockey Association at McCarron’s Pub & Grill, 1986 Rice Street City Clerk/Citizen Services Director Haag gave the staff report. Packet Page Number 5 of 150 E2 November 9, 2015 City Council Meeting Minutes 5 Councilmember Koppen moved to approve the Resolution for a Lawful Gambling Premise permit for White Bear Lake Hockey Association at the McCarron’s Pub & Grill, 1986 Rice Street. Resolution 15-11-1272 LAWFUL GAMBLING PREMISE PERMIT BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise permit for lawful gambling is approved for White Bear Lake Hockey Association to operate at McCarron’s Pub & Grill, 1986 Rice St, Maplewood, MN. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Annual Currency Exchange License Renewal for EZ Cash Maplewood LLC, 3035 White Bear Avenue - §53A.04 Approval or Denial of Application City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Cardinal moved to approve the currency exchange license renewal for EZ Cash Maplewood, LLC. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Approval of the Resolution Canvassing the Results of the November 3, 2015 Municipal General Election City Clerk/Citizen Services Director Haag gave the staff report. Councilmember Juenemann moved to approve the Resolution canvassing the November 3, 2015 election results. Resolution 15-11-1273 CANVASS OF ELECTION Packet Page Number 6 of 150 E2 November 9, 2015 City Council Meeting Minutes 6 RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 9, 2015, hereby declares the following results from the November 3, 2015, Municipal General Election. Councilmember Candidates: Robert Cardinal 2585 Diana Longrie 2053 Bryan Smith 2729 Tou Xiong 3153 Receiving the highest number of votes in the election for the two four year terms for council are Bryan Smith and Tou Xiong. The oath of office will be administered on January 4, 2016. WRITE-IN VOTES: A total of 47 write-in votes were received for City Council member. A complete record of the write-in votes are listed below. Candidate Name Total Votes/All Precincts Amy Poppinga 1 Andre Chovravong 1 Anthony Ducklow 2 Babin 1 Bill Kemper 4 Bill Miller/William Miller 3 Bob Knob 1 Bryan Fisher 1 Daniel Kortus 1 Flavor Flav 1 Fran Grant 1 George Farr 1 George Washington 1 Jaime Bahrke 2 James Farrell 1 Jeff Bibeau 1 Jennifer Sweeney 1 John Nephew 1 John Savat 1 Joshua Snow/Josh Snow 2 Kaitlyn Jenner 1 Kang 1 Marv Koppen/Marvin Koppen/Marvin Koepen 8 Matt Shoff 1 Packet Page Number 7 of 150 E2 November 9, 2015 City Council Meeting Minutes 7 Parnell Charles 1 Paul Sweeney 1 Peter Fisher 1 Peter Glass/Pete Glass 2 Rodger Richard 1 Tim Kennedy 1 Todd Haugstad 1 Seconded by Councilmember Koppen Ayes – All The motion passed. 4. Consider Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for Public Hearing, Lakewood/Sterling Area Street Improvements, City Project 15-11 Assistant City Engineer Love gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing for 7:00 p.m. on November 23, 2015 for the Lakewood/Sterling Area Street Improvements, City Project 15-11. Resolution 15-11-1274 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to a resolution of the council adopted July 27, 2015, a report has been prepared by the City Engineering Division with reference to the improvement of Lakewood/Sterling Area Street Improvements, City Project 15-11, and this report was received by the council on November 9, 2015, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Lakewood/Sterling Area Street Improvements, City Project 15-11 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of $2,087,689. 2. The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. Packet Page Number 8 of 150 E2 November 9, 2015 City Council Meeting Minutes 8 3. The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $1,890,364 shall be established. The proposed financing plan is as follows: 4. A public hearing shall be held on such proposed improvement on the 23rd day of November, 2015 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Koppen Ayes – All The motion passed. 5. Consider Resolution Accepting Feasibility Study, Authorizing Preparation of Plans & Specifications, and Calling for Public Hearing, Beebe Road Street Improvements, City Project 13-10 Assistant City Engineer Love gave the staff report and answered questions of the council. Councilmember Cardinal moved to approve the Resolution Accepting the Feasibility Report, Authorizing the Preparation of Plans and Specifications, and Calling for a Public Hearing for 7:00 p.m. on November 23, 2015 for the Beebe Road Street Improvements, City Project 13-10. Resolution 15-11-1275 ACCEPTING FEASIBILITY STUDY, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT GAS FRANCHISE FEE FUND $520,000 46% SPECIAL BENEFIT ASSESSMENT $529,575 47% ENVIRONMENTAL UTILITY FUND $26,189 2% SANITARY SEWER FUND $47,535 4% ST PAUL W.A.C. FUND $14,117 1% AREA #1 FUNDING $1,137,417 100% FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $368,760 49% SPECIAL BENEFIT ASSESSMENT $312,475 42% ST. PAUL WATER $4,757 1% ST. PAUL W.A.C. FUND $4,757 1% ENVIRONMENTAL UTILITY FUND $43,648 6% SANITARY SEWER FUND $18,550 2% AREA #2 FUNDING $752,947 100% TOAL PROJECT FUNDING $1,890,364 ESTIMATED PROJECT COST RECOVERY (LAKEWOOD AREA) (STERLING AREA) AREA #1 AREA #2 Packet Page Number 9 of 150 E2 November 9, 2015 City Council Meeting Minutes 9 WHEREAS, pursuant to a resolution of the council adopted August 26, 2013, a report has been prepared by the City Engineering Division with reference to the improvement of Beebe Road Street Improvements, City Project 13-10, and this report was received by the council on November 9, 2015, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The City Council will consider the Beebe Road Street Improvements, City Project 13-10 in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of $1,522,296. 2. The City Engineer or his designee is the designated engineer for this improvement project and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The Finance Director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A proposed budget of $1,522,296 shall be established. The proposed financing plan is as follows: 4. A public hearing shall be held on such proposed improvement on the 23rd day of November, 2015 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Koppen Ayes – All The motion passed. 6. Consider Options and Alternatives Regarding City Prosecution Contract with Campbell-Knutson City Manager Coleman introduced the staff report and Police Chief Schnell gave the staff report. City Manager Coleman answered questions of the council. FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $217,846 14% SANITARY SEWER FUND $173,896 11% ENVIRONMENTAL UTILITY FUND $86,790 6% SPECIAL BENEFIT ASSESSMENT BONDS $302,944 20% St. Paul W.A.C. FUND $7,910 0.5% State Aid FUNDS $725,000 48% St. Paul Water $7,910 0.5% TOTAL FUNDING $1,522,296 100% ESTIMATED PROJECT COST RECOVERY Packet Page Number 10 of 150 E2 November 9, 2015 City Council Meeting Minutes 10 Councilmember Cardinal moved to approve City Manager Coleman to re-engage previous RFP respondents, Kelly & Lemmons, who previously provided the next lowest proposal at $132,000 annually, plus expenses to assess whether they would still provide the services for the cost submitted in the previous proposal. The competing firms will be contacted to verify that their previous bids would remain the same and that they understand the requirements and work load. Seconded by Councilmember Koppen Ayes – All The motion passed. 7. Consider Approval of City of Maplewood Strategic Plan City Manager Coleman gave the staff report and answered questions of the council. Councilmember Cardinal moved to approve the City of Maplewood Strategic Plan. Seconded by Councilmember Juenemann Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATION 1. John Wykoff, Maplewood Resident 2. Bob Zick, North St. Paul Resident M. ADMINISTRATIVE PRESENTATIONS 1. Council Calendar Update City Manager Coleman gave the update to the council calendar. N. COUNCIL PRESENTATIONS Councilmember Juenemann noted that CrimeWatch is a good tool for residents to watch out for themselves and other people. 1. County Road B Trail Councilmember Juenemann reported on the completion of the trail along the south side of County Road B. 2. Tree Ordinance Councilmember Juenemann reported that after the updated tree ordinance is adopted it will be available online. Packet Page Number 11 of 150 E2 November 9, 2015 City Council Meeting Minutes 11 3. Congratulations on Election Councilmember Cardinal cong ratulated the newly elected city council members Tou Xiong and Bryan Smith. He also thanked Diana Longrie for running in the election and the voters for voting. 4. Rush Line Options Mayor Slawik reported on the additional options that were presented Rush Line meeting. Mayor Slawik reported on Kids City Committee meeting she attended. She then reported on the Resources Recovery tour she went on. O. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:32 p.m. Packet Page Number 12 of 150 Agenda Item F1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steve Lukin, Fire Chief DATE: November 16, 2015 SUBJECT: Fire Department Years of Service Retirement Plaque Presentation Introduction We have two firefighters that we will be presenting retirement plaques to; Walter R. Fasulo with 15 years of service and Nick Miller with 31 years of service. Recommendation I recommend that you congratulate them on their years of dedicated fire/EMS service to the city of Maplewood. Packet Page Number 13 of 150 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 14 of 150 TO:Melinda Coleman, City Manager FROM:Gayle Bauman, Finance Director DATE: SUBJECT:Approval of Claims 1,035,074.66$ Checks # 96055 thru # 96240 Includes Election Judge Checks dated 11/10/15 232,309.65$ Disbursements via debits to checking account dated 11/02/15 thru 11/06/15 153,067.19$ Checks #96241 thru #96286 dated 11/10/15 thru 11/17/15 508,256.99$ Disbursements via debits to checking account dated 11/09/15 thru 11/13/15 1,928,708.49$ Total Accounts Payable 511,515.33$ Payroll Checks and Direct Deposits dated 11/06/15 1,151.53$ Payroll Deduction check # 99101906 thru #99101907 dated 11/06/15 512,666.86$ Total Payroll 2,441,375.35$ GRAND TOTAL Attachments PAYROLL November 17, 2015 ACCOUNTS PAYABLE: MEMORANDUM 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. 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. G1 Packet Page Number 15 of 150 Check Description Amount 96055 05324 OCT 15TH EVENT & EXPO 550.00 05324 RETAINER FEE - OCTOBER 500.00 96056 05114 PROJ 14-02 CNTY RD B TRAIL IMPRV 21,806.85 96057 05339 TRAILER RENTAL 8/22 - 9/22 125.00 96058 04572 ROOF REPAIRS - PW 1,998.00 96059 04316 AUTO PAWN SYSTEM - SEPTEMBER 604.80 96060 02105 MEETING-COLEMAN,FUNK,KONEWKO 75.00 96061 01819 LOCAL PHONE SERVICE 09/15 - 10/14 694.18 96062 01409 REDESIGN MCC'S ENTRANCE AREA 1,289.55 01409 MCC AQUATIC CENTER HVAC SYSTEM 730.00 96063 01497 ARBITRAGE CALCULATIONS 2010A 3,100.00 96064 01574 BITUMINOUS MATERIALS FOR PAVING 2,247.11 01574 BITUMINOUS MATERIALS FOR PAVING 549.70 01574 BITUMINOUS MATERIALS FOR PAVING 173.65 96065 05305 CONTRACT 500-0371083 545.55 05305 CONTRACT 500-0371999 439.78 05305 CONTRACT 500-0328559 231.48 05305 CONTRACT 500-0264717 185.02 05305 CONTRACT 500-0264726 161.69 05305 CONTRACT 500-0380041 104.78 05305 CONTRACT 500-0395052 100.01 05305 CONTRACT 500-0349366 64.15 05305 CONTRACT 500-0373496 64.15 05305 CONTRACT 500-0395065 64.15 05305 CONTRACT 500-0264705 6.65 96066 05560 ACUPUNCTURE - OCTOBER 252.00 96067 01190 ELECTRIC UTILITY 14,984.24 01190 ELECTRIC & GAS UTILITY 1,154.95 01190 ELECTRIC UTILITY 789.22 01190 GAS UTILITY 109.60 01190 ELECTRIC UTILITY 48.55 01190 ELECTRIC UTILITY 45.31 01190 ELECTRIC UTILITY 15.57 96068 01830 PROJECTOR RENTAL FOR FUNERAL 183.75 96069 05590 ASSIGNMENTS 1ST HALF FALL V-BALL 590.00 96070 05593 ESCROW RELEASE 1171 LELAND RD E 3,501.12 96071 01869 REFEREE 1ST HALF FALL VOLLEYBALL 100.00 96072 01865 ASSIGNMENTS 1ST HALF FALL V-BALL 70.00 96073 05592 REGISTRATION FEE - A METRY 35.00 96074 00258 ESCROW RELEASE 2498 HILLWOOD DR E 1,577.23 96075 05369 CLEANING SUPPLIES - CITY HALL 106.71 96076 05591 REFEREE 1ST HALF FALL VOLLEYBALL 275.00 96077 05477 MCC POOL AIR HANDING UNIT 25,490.00 05477 MCC POOL AIR HANDING UNIT 1,418.00 96078 01871 REFEREE 1ST HALF FALL VOLLEYBALL 325.00 96079 00462 REPAIR TO TORNADO SIREN #9 100.00 96080 05594 SRVS FEE PERMI TRACK MS4 APP 1,330.00 96081 02929 LTC MONTHLY PREMIUM - NOVEMBER 201.38 96082 00671 ATHLETIC FIELD MARKING PAINT 1,416.00 96083 03538 REFEREE 1ST HALF FALL VOLLEYBALL 450.00 96084 04950 REFEREE 1ST HALF FALL VOLLEYBALL 225.00 96085 03978 OCT 15 MAPLEWOOD BUSINESS EVENT 1,446.19 96086 05395 INSTRUCTION WORKSHOPS 10/17 ,10/24 207.00 96087 04239 MAINT AGREEMENT IN-SQUAD VIDEO SYS 2,162.00 96088 00942 JANITORIAL SERVICES - NOVEMBER 2,776.00 11/10/2015 KIDCREATE STUDIO 11/10/2015 L3 COM MOBILE-VISION, INC. 11/10/2015 MARSDEN BLDG MAINTENANCE CO 11/10/2015 PATRICK JAMES HUBBARD 11/10/2015 JERRY JOHNSON 11/10/2015 KANE'S CATERING SERVICE, INC 11/10/2015 FOUNDATION BUSINESS SYSTEMS 11/10/2015 GLTC PREMIUM PAYMENTS 11/10/2015 HIRSHFIELD'S 11/10/2015 COOL AIR MECHANICAL 11/10/2015 KENNETH COOPER 11/10/2015 EMBEDDED SYSTEMS, INC. 11/10/2015 CINTAS CORPORATION #470 11/10/2015 ROBERT COLEMAN SR 11/10/2015 COOL AIR MECHANICAL 11/10/2015 DON BOWMAN 11/10/2015 CITY OF BROOKLYN CENTER 11/10/2015 CARDINAL HOMEBUILDERS INC 11/10/2015 SHAWN ALVAREZ 11/10/2015 BALD EAGLE BUILDERS INC 11/10/2015 DALE BOETTCHER XCEL ENERGY 11/10/2015 XCEL ENERGY 11/10/2015 ALPHA VIDEO & AUDIO INC 11/10/2015 11/10/2015 XCEL ENERGY 11/10/2015 XCEL ENERGY 11/10/2015 XCEL ENERGY 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 XCEL ENERGY WOODBURY ACUPUNCTURE CENTER 11/10/2015 XCEL ENERGY 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 TOSHIBA FINANCIAL SERVICES (1) 11/10/2015 T A SCHIFSKY & SONS, INC 11/10/2015 SPRINGSTED INC 11/10/2015 T A SCHIFSKY & SONS, INC 11/10/2015 T A SCHIFSKY & SONS, INC 11/10/2015 CHRISTIE BERNARDY 11/10/2015 BOLTON & MENK, INC. 11/10/2015 CHRIS MASTELL TRAILER RENTALS Check Register City of Maplewood 11/06/2015 Date Vendor 11/10/2015 S E H 11/10/2015 CITY OF MINNEAPOLIS RECEIVABLES ETTEL & FRANZ ROOFING CO. 11/10/2015 PAETEC 11/10/2015 S E H 11/10/2015 MN TRANSPORTATION ALLIANCE 11/10/2015 CHRISTIE BERNARDY 11/10/2015 G1, Attachments Packet Page Number 16 of 150 96089 04781 REFEREE 1ST HALF FALL VOLLEYBALL 450.00 96090 04790 DANCE INSTRUCTION 5,696.00 96091 05364 ACUPUNCTURE SESSIONS SEPT/OCT 1,962.00 96092 01126 MONTHLY PREMIUM - 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OCTOBER 13,016.40 96114 02686 EVIDENCE.COM STORAGE & LICENSE 1,809.00 96115 03598 REIMB FOR TUITION & BOOKS 8/24-10/16 1,994.10 96116 04020 HAWTHORNE AVE STORM IMPROVEMENT 4,800.00 96117 04357 BIOMEDICAL SERVICE 72.00 96118 00063 MONTHLY PMT 09/17 - 10/16 7,740.78 96119 01753 WINTER WEATHER SERVICE 619.00 96120 01872 REFEREE 1ST HALF FALL VOLLEYBALL 150.00 96121 05541 HWY 61 & CO RD B STATION MPCA WORK 7,292.79 96122 02159 MGMT & MARKETING SRVS MCC 19,482.00 11/10/2015 DAVE MATTSON 11/10/2015 MAYER ARTS, INC. 11/10/2015 CRYSTALIN MONTGOMERY 11/10/2015 NCPERS MINNESOTA 11/10/2015 CITY OF NORTH ST PAUL 11/10/2015 NORTH SUBURBAN ACCESS CORP 11/10/2015 ONE TIME VENDOR 11/10/2015 ONE TIME VENDOR 11/10/2015 ONE TIME VENDOR 11/10/2015 PARK CONSTRUCTION CO 11/10/2015 PLAYPOWER LT FARMINGTON INC 11/10/2015 MN DEPT OF PUBLIC SAFETY 11/10/2015 STEVEN REED 11/10/2015 EUGENE E. RICHARDSON 11/10/2015 CITY OF ROSEVILLE 11/10/2015 CARL SAARION 11/10/2015 RICH SCHELL 11/10/2015 HEIDI SCHWICHTENBERG 11/10/2015 JENNA SOBERG 11/10/2015 ST PAUL AREA CHAMBER OF COMM 11/10/2015 ST PAUL REGIONAL WATER SRVS 11/10/2015 ST PAUL REGIONAL WATER SRVS 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 ST PAUL, CITY OF 11/10/2015 NANCY STEFFEN 11/10/2015 SUMMIT ENVIROSOLUTIONS, INC 11/10/2015 SUMMIT INSPECTIONS 11/10/2015 TASER INTL 11/10/2015 PAUL THEISEN 11/10/2015 UNDERGROUND PIERCING, INC. 11/10/2015 UNIVERSAL HOSPITAL SRVS, INC. 11/10/2015 VERIZON WIRELESS 11/10/2015 WEATHER WATCH, INC. 11/10/2015 MARK WEBER 11/10/2015 WENCK ASSOCIATES, INC. 11/10/2015 WHITE BEAR AREA YMCA 1,003,015.0468Checks in this report. 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SANDS 11/10/2015 KATHLEEN SAUER 11/10/2015 SHARON JEAN SAWYER 11/10/2015 ROY R REICHOW 11/10/2015 RITA RENSLOW 11/10/2015 VINCENT RODRIGUEZ 11/10/2015 ROGER L POSCH 11/10/2015 STEVEN L. PUTZ 11/10/2015 ANDREW REICHOW 11/10/2015 MARILYN PEPER 11/10/2015 JOSEPH V PLUMBO 11/10/2015 JOSEPH V PLUMBO 11/10/2015 ANITA OLSON 11/10/2015 DIAN PARENT 11/10/2015 DIAN PARENT 11/10/2015 MARY NEWCOMB 11/10/2015 ANN NORBERG 11/10/2015 D WILLIAM O'BRIEN 11/10/2015 JOAN D MCDONOUGH 11/10/2015 MARLENE MORENO 11/10/2015 FREDERICK E NAZARIAN 11/10/2015 LARRY W MCCARTHY 11/10/2015 PEGGY MCCARTHY 11/10/2015 JUDY MCCAULEY 11/10/2015 JOHN MANTHEY 11/10/2015 THOMAS MASKREY 11/10/2015 JOHN MCCANN 11/10/2015 JULES LOIPERSBECK 11/10/2015 CLAUDIA LONETTI 11/10/2015 VALERIE MAHOWALD 11/10/2015 SANDY LEWIS 11/10/2015 MARIANNE T LIPTAK 11/10/2015 DARLENE LOIPERSBECK 11/10/2015 CHARLOTTE LAMPE 11/10/2015 TOM LAYER 11/10/2015 CLAUDETTE LEONARD 11/10/2015 DENNIS KRAMER 11/10/2015 JOHN P KREBSBACH 11/10/2015 ELAINE KRUSE 11/10/2015 MYRNA M KANE 11/10/2015 DEBRA L. KAPFER 11/10/2015 JUDY M KIPKA 11/10/2015 JUDITH JOHANNESSEN 11/10/2015 CHERYLE D JOHNSON 11/10/2015 SHIRLEY JONES 11/10/2015 ROBERT JENSEN G1, Attachments Packet Page Number 19 of 150 96238 05422 ELECTION JUDGE - GENERAL ELECTION 136.44 96239 04771 ELECTION JUDGE - GENERAL ELECTION 275.19 96240 05091 ELECTION JUDGE - GENERAL ELECTION 346.5011/10/2015 LEROY ZIPKO 32,059.62118Checks in this report. 11/10/2015 ROBERT R WIESNER 11/10/2015 CINDY YORKOVICH G1, Attachments Packet Page Number 20 of 150 Settlement Date Payee Description Amount 11/2/2015 MN State Treasurer Drivers License/Deputy Registrar 32,110.15 11/2/2015 US Bank Merchant Services Credit Card Billing fee 89.99 11/3/2015 MN State Treasurer Drivers License/Deputy Registrar 40,106.61 11/4/2015 MN State Treasurer Drivers License/Deputy Registrar 42,687.97 11/5/2015 MN State Treasurer Drivers License/Deputy Registrar 49,292.87 11/5/2015 Delta Dental Dental Premium 3,143.63 11/6/2015 MN State Treasurer Drivers License/Deputy Registrar 60,555.36 11/6/2015 MN Dept of Natural Resources DNR electronic licenses 298.00 11/6/2015 Optum Health DCRP & Flex plan payments 140.07 11/6/2015 ICMA (Vantagepointe)Deferred Compensation 3,885.00 232,309.65 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 21 of 150 Check Description Amount 96241 02464 FUNDS FOR CITY HALL ATM 9,000.00 96242 00283 FIRE INSPECTOR I 3,555.00 00283 CEU FIREFIGHTER PROGRAM 2,175.00 96243 05028 CITY HALL SOLAR SYSTEM LEASE-NOV 397.00 05028 MCC SOLAR SYSTEM LEASE - NOV 369.00 96244 01973 CAR WASHES AT FREEDOM - OCT 18.66 96245 05353 CONTRACT GASOLINE - NOVEMBER 11,038.94 05353 CONTRACT DIESEL - NOVEMBER 7,949.06 96246 01409 STATION 2 & 3 REMODEL 7,965.56 96247 04252 FALLS SANDER FOR TRUCK #533 4,332.00 96248 04192 EMS BILLING - OCTOBER 4,305.00 96249 01750 MDSE FOR RESALE 192.80 96250 05559 ELECTRONIC ENROLLMENT ADMIN FEE 300.00 96251 01811 MDSE FOR RESALE 51.00 96252 00230 RED BALL DIAMOND FOR BALLFIELDS 1,820.10 96253 03486 BLACK DIRT FOR PARKS DEPT 42.00 96254 02119 ESCROW RELEASE 137 CRESTVIEW DR N 300.00 96255 00003 ESCROW REL Y YANG 2611 SOUTHCREST 500.00 96256 00003 ESCROW REL TUFF SHED 1406 BELMONT 300.00 96257 00479 RINGS FOR CB REBUILDS 336.80 96258 05538 JOY PARK PROJ CANOE/TURTLE FINAL 23,347.00 96259 01401 BUS SERVICE FOR POLLINATOR PROG 215.00 96260 04846 MEDICAL SUPPLIES 2,822.77 96261 02263 BOARDING & DESTRUCTION FEES-OCT 885.00 96262 05476 KID CITY GRANT SERVICES 2015 937.50 96263 02506 REPAIR LIGHTS/POWER ISSUES - PARKS 998.00 96264 05030 EQUIP LEASE - MCC - PMT#40 4,344.07 96265 00393 PRESSURE VESSEL 1955 CLARENCE ST 20.00 96266 00846 PD PHONE-BASED INTERPRETIVE SRVS 109.63 96267 05567 REPAIR PUMP #1 ON FUEL SYS 736.21 96268 03838 BOOKS FOR FIRE INSPECTOR CLASS 1,260.00 96269 00001 REFUND E CHARBONNEAU HP CREDITS 240.00 96270 00001 REFUND W JOHNSON FOR TRANS MEDIC 104.02 96271 00001 REFUND G SAIKO FOR TRANS MEDIC 94.46 96272 00001 REFUND J JUDY FOR TRANS MEDIC 78.66 96273 05153 VOICE NOTIFICATION 11/01/15 - 04/30/16 774.00 96274 05103 MEDICAL EVALUATION 50.00 05103 MEDICAL EVALUATION 50.00 96275 05481 K9 FOOD FOR POLICE K9'S 1,465.75 96276 01261 EMS REPORTING SOFTWARE - NOV 791.30 96277 04130 QUARTERLY MAINT - 1902 PW 11/1-1/13 675.96 96278 00198 WATER UTILITY 283.73 00198 KENNARD IRRIGATION 28.05 96279 05287 CERTIFICATIONS RADAR & LASER UNITS 809.00 96280 05342 PROJ 09-09 EAST METRO BID5B PMT#10 44,929.65 96281 05023 ESCROW RELEASE 2298 CO RD D E 3,501.51 96282 00013 REIMB G YAKEL - TREE REBATE 200.00 96283 01669 VEHICLE TOWING - AMBULANCE 150.00 96284 02464 PAYING AGENT FEES 225.00 96285 01720 SAFETY JACKET - TT 59.00 96286 02159 PRIVATE SWIM 7,934.00 11/17/2015 JESSICA HUANG 11/17/2015 HUNT ELECTRIC CORP 11/17/2015 11/17/2015 EULL'S MANUFACTURING CO., INC. 11/17/2015 FIREFLIES PLAY ENVIRONMENTS 11/17/2015 FIRST STUDENT INC 11/17/2015 HEALTHEAST 11/17/2015 HILLCREST ANIMAL HOSPITAL PA 11/17/2015 11/17/2015 APPRIZE TECHNOLOGY SOLUTIONS 11/17/2015 BERNATELLO'S PIZZA 11/17/2015 MANSFIELD OIL CO 11/17/2015 BRYAN ROCK PRODUCTS, INC. 11/17/2015 CENTURY COLLEGE 11/17/2015 ENERGY ALTERNATIVES SOLAR, LLC 11/17/2015 ENERGY ALTERNATIVES SOLAR, LLC 11/17/2015 ERICKSON OIL PRODUCTS INC 11/17/2015 MANSFIELD OIL CO 11/17/2015 11/17/2015 PERFORMANCE PLUS LLC 11/17/2015 PET FOOD EXPERTS, INC. 11/17/2015 ST PAUL REGIONAL WATER SRVS 11/17/2015 TACTICAL SOLUTIONS VIKING INDUSTRIAL CENTER 11/17/2015 WHITE BEAR AREA YMCA 153,067.19 46 Checks in this report. 11/17/2015 TERRA GENERAL CONTRACTORS 11/17/2015 TIER 2 FUNDING GROUP, INC. Check Register City of Maplewood 11/13/2015 Date Vendor 11/10/2015 US BANK 11/17/2015 CENTURY COLLEGE S E H 11/17/2015 TOWMASTER, INC. 11/17/2015 TRANS-MEDIC 11/17/2015 THE WATSON CO INC 11/17/2015 ESCROW REFUND 11/17/2015 BUBERL BLACK DIRT INC 11/17/2015 CAMPBELL CONSTRUCTION LLC 11/17/2015 ESCROW REFUND KANSAS STATE BANK OF MANHATTAN 11/17/2015 MN DEPT OF LABOR & INDUSTRY 11/17/2015 LANGUAGE LINE SERVICES 11/17/2015 LUBE-TECH ESI 11/17/2015 MN FIAM BOOK SALES 11/17/2015 TREE REBATE 11/17/2015 TWIN CITIES TRANSPORT & 11/17/2015 US BANK 11/17/2015 ONE TIME VENDOR 11/17/2015 ONE TIME VENDOR 11/17/2015 PHYSIO-CONTROL, INC. 11/17/2015 SCHINDLER ELEVATOR CORP 11/17/2015 ST PAUL REGIONAL WATER SRVS 11/17/2015 ONE TIME VENDOR 11/17/2015 PENGUIN MANAGEMENT, INC. 11/17/2015 PERFORMANCE PLUS LLC 11/17/2015 ONE TIME VENDOR G1, Attachments Packet Page Number 22 of 150 Settlement Date Payee Description Amount 11/9/2015 MN State Treasurer Drivers License/Deputy Registrar 53,294.14 11/9/2015 US Bank VISA One Card*Purchasing card items 43,273.27 11/9/2015 U.S. Treasurer Federal Payroll Tax 96,061.97 11/9/2015 P.E.R.A.P.E.R.A.98,018.65 11/9/2015 Empower - State Plan Deferred Compensation 29,598.00 11/10/2015 MN State Treasurer Drivers License/Deputy Registrar 53,249.76 11/10/2015 MidAmerica HRA Flex plan 13,766.77 11/10/2015 Labor Unions Union Dues 2,205.27 11/10/2015 MN State Treasurer State Payroll Tax 19,567.88 11/12/2015 MN State Treasurer Drivers License/Deputy Registrar 71,792.09 11/12/2015 Delta Dental Dental Premium 1,080.72 11/13/2015 MN State Treasurer Drivers License/Deputy Registrar 26,348.47 *Detailed listing of VISA purchases is attached.508,256.99 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 23 of 150 Transaction Date Posting Date Merchant Name Transaction Amount Name 10/29/2015 10/30/2015 FERGUSON WATERWORKS #2518 $241.02 DAVE ADAMS 10/16/2015 10/19/2015 L A POLICE GEAR INC $123.25 LONN BAKKE 10/21/2015 10/23/2015 OFFICE DEPOT #1090 $75.86 REGAN BEGGS 10/19/2015 10/21/2015 ASPEN MILLS INC.$104.70 MARKESE BENJAMIN 10/27/2015 10/28/2015 STK*SHUTTERSTOCK, INC.$229.00 CHAD BERGO 10/19/2015 10/21/2015 BROWNELLS INC $147.45 BRIAN BIERDEMAN 10/22/2015 10/26/2015 THE HOME DEPOT 2801 $18.05 OAKLEY BIESANZ 10/27/2015 10/28/2015 LUNDS & BYERLYS-ES $9.23 OAKLEY BIESANZ 10/27/2015 10/28/2015 PAWFECTION $53.63 OAKLEY BIESANZ 10/15/2015 10/19/2015 LITTLE CAESARS 1456 0006 $16.07 NEIL BRENEMAN 10/16/2015 10/19/2015 CUB FOODS #1599 $3.99 NEIL BRENEMAN 10/16/2015 10/19/2015 AMC THEATRES ONLINE $94.68 NEIL BRENEMAN 10/20/2015 10/21/2015 CUB FOODS #1599 $3.98 NEIL BRENEMAN 10/21/2015 10/22/2015 HENRIKSEN ACE HARDWARE $16.05 NEIL BRENEMAN 10/23/2015 10/26/2015 TARGET 00011858 $23.57 NEIL BRENEMAN 10/23/2015 10/26/2015 THE HOME DEPOT 2801 $21.40 NEIL BRENEMAN 10/16/2015 10/19/2015 MENARDS OAKDALE MN ($64.22)TROY BRINK 10/16/2015 10/19/2015 MENARDS OAKDALE MN $64.22 TROY BRINK 10/16/2015 10/19/2015 MENARDS OAKDALE MN $59.95 TROY BRINK 10/16/2015 10/19/2015 JOHN DEERE LANDSCAPES530 $34.53 TROY BRINK 10/22/2015 10/26/2015 MENARDS OAKDALE MN $19.89 TROY BRINK 10/22/2015 10/26/2015 THE HOME DEPOT 2810 $73.87 TROY BRINK 10/23/2015 10/26/2015 JOHN DEERE LANDSCAPES530 $42.60 TROY BRINK 10/23/2015 10/26/2015 VIKING INDUSTRIAL CENTER $560.70 TROY BRINK 10/19/2015 10/21/2015 THE HOME DEPOT 2801 $20.24 BRENT BUCKLEY 10/16/2015 10/19/2015 AMAZON.COM $123.09 SARAH BURLINGAME 10/19/2015 10/20/2015 SQ *MNCASA $50.00 SARAH BURLINGAME 10/27/2015 10/29/2015 OFFICEMAX/OFFICE DEPOT616 $48.37 SARAH BURLINGAME 10/27/2015 10/29/2015 OFFICEMAX/OFFICE DEPOT616 $2.13 SARAH BURLINGAME 10/19/2015 10/20/2015 MENARDS MAPLEWOOD $15.72 DANIEL BUSACK 10/20/2015 10/22/2015 FOX LABS INTERNATIONAL, I $103.60 DANIEL BUSACK 10/28/2015 10/29/2015 JAKE'S CITY GRILLE - M $19.00 DANIEL BUSACK 10/20/2015 10/21/2015 VIKING ELECTRIC-CREDIT DE $180.00 SCOTT CHRISTENSON 10/22/2015 10/26/2015 COMMERCIAL FURNITURE SERV $225.00 SCOTT CHRISTENSON 10/23/2015 10/26/2015 MUSKA ELECTRIC CO.$443.50 SCOTT CHRISTENSON 10/28/2015 10/29/2015 WALTERS CLIMATE INC $2,661.00 SCOTT CHRISTENSON 10/28/2015 10/30/2015 MENARDS OAKDALE MN $20.90 SCOTT CHRISTENSON 10/29/2015 10/30/2015 VIKING ELECTRIC-CREDIT DE $173.74 SCOTT CHRISTENSON 10/29/2015 10/30/2015 VIKING ELECTRIC-CREDIT DE $384.43 SCOTT CHRISTENSON 10/20/2015 10/21/2015 FRATTALLONES WOODBURY AC $11.03 CHARLES DEAVER 10/21/2015 10/22/2015 AUTOZONE #3082 $2.13 CHARLES DEAVER 10/15/2015 10/19/2015 THE HOME DEPOT 2801 $60.88 THOMAS DEBILZAN 10/21/2015 10/22/2015 OAKDALE RENTAL CENTER $214.00 THOMAS DEBILZAN 10/21/2015 10/22/2015 OAKDALE RENTAL CENTER $627.00 THOMAS DEBILZAN 10/22/2015 10/23/2015 OAKDALE RENTAL CENTER $632.00 THOMAS DEBILZAN 10/21/2015 10/22/2015 HENRIKSEN ACE HARDWARE $4.49 TOM DOUGLASS 10/22/2015 10/23/2015 COMMERCIAL POOL & SPA SUP $423.50 TOM DOUGLASS 10/23/2015 10/26/2015 OVERHEAD DOOR COMP $450.00 TOM DOUGLASS 10/24/2015 10/26/2015 THE TRANE COMPANY $1,020.00 TOM DOUGLASS 10/29/2015 10/30/2015 ROTO-ROOTER 10048 $389.00 TOM DOUGLASS 10/29/2015 10/30/2015 WERNER ELECTRIC SPLY NPC $248.84 TOM DOUGLASS 10/22/2015 10/23/2015 PLUMBINGSUPPLY GROUP LLC $151.70 JOHN DUCHARME 10/16/2015 10/19/2015 INTOXIMETERS $96.25 MICHAEL DUGAS 10/15/2015 10/19/2015 GOODIN COMPANY $91.12 DOUG EDGE 10/15/2015 10/19/2015 GOODIN COMPANY $42.32 DOUG EDGE G1, Attachments Packet Page Number 24 of 150 10/20/2015 10/21/2015 JOHN DEERE LANDSCAPES530 $162.60 DOUG EDGE 10/20/2015 10/22/2015 THE HOME DEPOT 2801 $45.33 DOUG EDGE 10/21/2015 10/23/2015 ADVANCE SHORING COMPANY $209.50 DOUG EDGE 10/19/2015 10/20/2015 FIRST SHRED ($18.00)CHRISTINE EVANS 10/19/2015 10/20/2015 FIRST SHRED $13.00 CHRISTINE EVANS 10/20/2015 10/20/2015 CSI SOFTWARE POS $580.00 CHRISTINE EVANS 10/21/2015 10/21/2015 COMCAST CABLE COMM $83.88 CHRISTINE EVANS 10/21/2015 10/23/2015 FIRST SHRED $13.00 CHRISTINE EVANS 10/21/2015 10/23/2015 OFFICE DEPOT #1090 $81.10 CHRISTINE EVANS 10/24/2015 10/26/2015 COMCAST CABLE COMM $328.70 CHRISTINE EVANS 10/28/2015 10/29/2015 AMAZON.COM $25.15 CHRISTINE EVANS 10/21/2015 10/23/2015 THE HOME DEPOT 2801 $18.71 PAUL E EVERSON 10/27/2015 10/28/2015 RAINBOW #7300 $43.89 SHANN FINWALL 10/19/2015 10/20/2015 L A POLICE GEAR INC $137.98 MARCUS FORSYTHE 10/19/2015 10/20/2015 BOTACH $210.00 MARCUS FORSYTHE 10/19/2015 10/20/2015 AT SCENE LLC $675.00 MYCHAL FOWLDS 10/20/2015 10/21/2015 IDU*INSIGHT PUBLIC SEC $283.66 MYCHAL FOWLDS 10/22/2015 10/22/2015 COMCAST CABLE COMM $68.95 MYCHAL FOWLDS 10/16/2015 10/19/2015 IDU*INSIGHT PUBLIC SEC $1,113.34 NICK FRANZEN 10/18/2015 10/19/2015 IDU*INSIGHT PUBLIC SEC $447.08 NICK FRANZEN 10/21/2015 10/22/2015 IDU*INSIGHT PUBLIC SEC $118.55 NICK FRANZEN 10/21/2015 10/22/2015 IDU*INSIGHT PUBLIC SEC $751.55 NICK FRANZEN 10/22/2015 10/22/2015 AMAZON.COM $160.40 NICK FRANZEN 10/24/2015 10/26/2015 IDU*INSIGHT PUBLIC SEC $1,274.98 NICK FRANZEN 10/24/2015 10/26/2015 IDU*INSIGHT PUBLIC SEC $152.24 NICK FRANZEN 10/28/2015 10/29/2015 IDU*INSIGHT PUBLIC SEC $30.08 NICK FRANZEN 10/28/2015 10/29/2015 SHI CORP $489.00 NICK FRANZEN 10/24/2015 10/26/2015 HERBERGERS #0342 $45.71 DEREK FRITZE 10/22/2015 10/26/2015 GRANDMA'S SPORTS GARDN $16.93 CLARENCE GERVAIS 10/23/2015 10/26/2015 RED LOBSTER US00006304 $43.59 CLARENCE GERVAIS 10/25/2015 10/26/2015 HAMPTON INNS $293.82 CLARENCE GERVAIS 10/29/2015 10/30/2015 IN *EMERGENCY RESPONSE SO $156.45 CLARENCE GERVAIS 10/20/2015 10/21/2015 GRANDMAS BAKERY INC $48.48 CHRISTINE GIBSON 10/24/2015 10/26/2015 GRAND CLEANERS $44.34 CHRISTINE GIBSON 10/26/2015 10/28/2015 MARSHALLS #0367 $13.89 CHRISTINE GIBSON 10/27/2015 10/28/2015 GRANDMAS BAKERY INC $159.36 CHRISTINE GIBSON 10/27/2015 10/29/2015 ACE OF SALES $20.00 CHRISTINE GIBSON 10/28/2015 10/29/2015 TARGET 00012351 $18.51 CHRISTINE GIBSON 10/27/2015 10/29/2015 PRAIRIE MOON $42.00 JAN GREW HAYMAN 10/27/2015 10/28/2015 VIKING INDUSTRIAL CENTER $512.58 MARK HAAG 10/28/2015 10/29/2015 GANDER MOUNTAIN $64.26 MARK HAAG 10/22/2015 10/23/2015 HENRIKSEN ACE HARDWARE $28.97 MILES HAMRE 10/28/2015 10/30/2015 THE HOME DEPOT 2801 $52.42 MILES HAMRE 10/29/2015 10/30/2015 HENRIKSEN ACE HARDWARE $19.98 MILES HAMRE 10/29/2015 10/30/2015 DULUTH TRADING STORE $169.50 TAMARA HAYS 10/22/2015 10/23/2015 HENRIKSEN ACE HARDWARE $1.79 GARY HINNENKAMP 10/22/2015 10/23/2015 HENRIKSEN ACE HARDWARE $4.49 GARY HINNENKAMP 10/21/2015 10/22/2015 DALCO ENTERPRISES, INC $575.09 DAVID JAHN 10/28/2015 10/28/2015 U OF M CONTLEARNING $245.00 JON JAROSCH 10/24/2015 10/26/2015 MILLS FLEET FARM 3100 $209.98 JOE JENSEN 10/26/2015 10/27/2015 RED WING SHOE #727 $200.00 JOE JENSEN 10/16/2015 10/19/2015 MOGREN LANDSCAPING $195.00 DON JONES 10/16/2015 10/19/2015 MOGREN LANDSCAPING $195.00 DON JONES 10/16/2015 10/19/2015 FEDEXOFFICE 00006171 $4.53 LOIS KNUTSON 10/16/2015 10/19/2015 OFFICE DEPOT #1090 $52.36 LOIS KNUTSON 10/19/2015 10/20/2015 CUB FOODS #1599 $53.12 LOIS KNUTSON G1, Attachments Packet Page Number 25 of 150 10/20/2015 10/21/2015 ACT*GTS EDEVENTS RCLLG $30.00 LOIS KNUTSON 10/21/2015 10/22/2015 AMAZON MKTPLACE PMTS $35.75 LOIS KNUTSON 10/21/2015 10/23/2015 FIRST SHRED $80.30 LOIS KNUTSON 10/24/2015 10/26/2015 ST PAUL AREA CHAMBER OF C $300.00 LOIS KNUTSON 10/26/2015 10/27/2015 CUB FOODS #1599 $11.99 LOIS KNUTSON 10/26/2015 10/27/2015 NOODLES & CO WEB 313 $94.69 LOIS KNUTSON 10/28/2015 10/29/2015 ACT*GTS EDEVENTS RCLLG $30.00 LOIS KNUTSON 10/26/2015 10/27/2015 MN RECREATION AND PARK A $89.00 DUWAYNE KONEWKO 10/27/2015 10/28/2015 UNIFORMS UNLIMITED INC.$15.00 NICHOLAS KREKELER 10/25/2015 10/26/2015 HAMPTON INNS $293.82 MICHAEL LOCHEN 10/26/2015 10/28/2015 ASPEN MILLS INC.$146.40 STEVE LUKIN 10/27/2015 10/28/2015 OVERHEAD DOOR COMP $540.45 STEVE LUKIN 10/27/2015 10/28/2015 ASPEN MILLS INC.$52.95 STEVE LUKIN 10/23/2015 10/26/2015 THE SALVATION ARMY 11 $34.41 ALESIA METRY 10/20/2015 10/22/2015 BOUND TREE MEDICAL LLC $11.64 MICHAEL MONDOR 10/20/2015 10/22/2015 BOUND TREE MEDICAL LLC $489.85 MICHAEL MONDOR 10/20/2015 10/22/2015 CITIZEN CPR FOUNDATION $270.00 MICHAEL MONDOR 10/23/2015 10/26/2015 BOUND TREE MEDICAL LLC $359.97 MICHAEL MONDOR 10/25/2015 10/26/2015 HAMPTON INNS $293.82 MICHAEL MONDOR 10/29/2015 10/30/2015 IN *PEDIATRIC EMERGENCY S $410.09 MICHAEL MONDOR 10/21/2015 10/22/2015 JOHN DEERE LANDSCAPES530 $724.40 JOHN NAUGHTON 10/26/2015 10/27/2015 HENRIKSEN ACE HARDWARE $14.95 JOHN NAUGHTON 10/26/2015 10/27/2015 HENRIKSEN ACE HARDWARE $51.97 RICHARD NORDQUIST 10/15/2015 10/19/2015 TRAFFIC SAFETY STORE $595.00 MICHAEL NYE 10/25/2015 10/27/2015 BCA TRAINING EDUCATION $75.00 MICHAEL NYE 10/27/2015 10/28/2015 UNIFORMS UNLIMITED INC.$5.99 JULIE OLSON 10/23/2015 10/26/2015 THE HOME DEPOT 2801 $10.34 JORDAN ORE 10/18/2015 10/20/2015 THE HOME DEPOT 2801 $7.98 ROBERT PETERSON 10/26/2015 10/28/2015 THE HOME DEPOT 2801 $15.96 ROBERT PETERSON 10/16/2015 10/19/2015 POMP'S TIRE #021 $1,253.38 STEVEN PRIEM 10/16/2015 10/19/2015 AUTO PLUS LITTLE CANADA $405.85 STEVEN PRIEM 10/16/2015 10/19/2015 BAUER BUILT TIRE 18 $214.70 STEVEN PRIEM 10/19/2015 10/20/2015 EMERGENCY AUTOMOTIVE $54.52 STEVEN PRIEM 10/22/2015 10/26/2015 LTG POWER EQUIPMENT $34.97 STEVEN PRIEM 10/23/2015 10/26/2015 AUTO PLUS LITTLE CANADA $162.20 STEVEN PRIEM 10/24/2015 10/26/2015 AUTO PLUS LITTLE CANADA $28.04 STEVEN PRIEM 10/26/2015 10/27/2015 AN FORD WHITE BEAR LAK $43.22 STEVEN PRIEM 10/27/2015 10/28/2015 AUTO PLUS LITTLE CANADA $26.18 STEVEN PRIEM 10/27/2015 10/28/2015 MTI $21.28 STEVEN PRIEM 10/28/2015 10/29/2015 AN FORD WHITE BEAR LAK $183.64 STEVEN PRIEM 10/29/2015 10/30/2015 AN FORD WHITE BEAR LAK $5.78 STEVEN PRIEM 10/15/2015 10/19/2015 THE HOME DEPOT 2801 $20.41 KELLY PRINS 10/21/2015 10/22/2015 VIKING ELECTRIC-CREDIT DE $307.44 KELLY PRINS 10/27/2015 10/28/2015 WALMART.COM 8009666546 ($11.09)KELLY PRINS 10/19/2015 10/20/2015 MINNESOTA SAFETY COUNCIL $88.85 TERRIE RAMEAUX 10/23/2015 10/26/2015 ADCO SAFETY AWARD STORE $581.95 TERRIE RAMEAUX 10/19/2015 10/20/2015 DALCO ENTERPRISES, INC $398.38 MICHAEL REILLY 10/20/2015 10/21/2015 HILLYARD INC MINNEAPOLIS $453.96 MICHAEL REILLY 10/23/2015 10/26/2015 HILLYARD INC MINNEAPOLIS $1,900.00 MICHAEL REILLY 10/29/2015 10/30/2015 HILLYARD INC MINNEAPOLIS $942.68 MICHAEL REILLY 10/19/2015 10/22/2015 GUITARCENTER.COM INTERNET $42.84 LORI RESENDIZ 10/26/2015 10/27/2015 POLAR ELECTRO $489.81 LORI RESENDIZ 10/26/2015 10/27/2015 POLAR ELECTRO $13.53 LORI RESENDIZ 10/29/2015 10/30/2015 POLAR ELECTRO $453.02 LORI RESENDIZ 10/29/2015 10/30/2015 POLAR ELECTRO $12.80 LORI RESENDIZ 10/21/2015 10/22/2015 CUB FOODS $21.26 AUDRA ROBBINS G1, Attachments Packet Page Number 26 of 150 10/21/2015 10/22/2015 MICHAELS STORES 3701 $31.01 AUDRA ROBBINS 10/28/2015 10/29/2015 LILLIE SUBURBAN NEWSPAPER $141.75 DEB SCHMIDT 10/23/2015 10/23/2015 ONETRAVEL.COM AIR $9.95 PAUL SCHNELL 10/28/2015 10/30/2015 HYATT HOTELS MCCORMICK PL $795.40 PAUL SCHNELL 10/17/2015 10/19/2015 CINTAS 60A SAP $127.01 SCOTT SCHULTZ 10/17/2015 10/19/2015 CINTAS 60A SAP $102.05 SCOTT SCHULTZ 10/19/2015 10/20/2015 POLLUTION CONTROL AGENCY $55.00 SCOTT SCHULTZ 10/19/2015 10/20/2015 POLLUTION CONTROL AGENCY $300.00 SCOTT SCHULTZ 10/21/2015 10/22/2015 REPUBLIC SERVICES TRASH $784.64 SCOTT SCHULTZ 10/22/2015 10/26/2015 ON SITE SANITATION INC $20.00 SCOTT SCHULTZ 10/27/2015 10/29/2015 SPOK INC $16.10 SCOTT SCHULTZ 10/28/2015 10/30/2015 ON SITE SANITATION INC $20.00 SCOTT SCHULTZ 10/16/2015 10/19/2015 OFFICE DEPOT #1090 ($8.29)FAITH SHEPPERD 10/16/2015 10/19/2015 OFFICE DEPOT #1090 $49.69 FAITH SHEPPERD 10/16/2015 10/19/2015 OFFICE DEPOT #1090 $179.98 FAITH SHEPPERD 10/19/2015 10/21/2015 OFFICE DEPOT #1090 $8.29 FAITH SHEPPERD 10/27/2015 10/28/2015 PAYPAL *STPAULSTAMP $91.75 FAITH SHEPPERD 10/21/2015 10/22/2015 GRAFIX SHOPPE $20.00 MICHAEL SHORTREED 10/23/2015 10/26/2015 MINNESOTACO $51.66 MICHAEL SHORTREED 10/27/2015 10/29/2015 LAMETTRYS COLLISION $3,673.77 MICHAEL SHORTREED 10/29/2015 10/30/2015 HEALTHEAST TRANSPORTATN $328.74 MICHAEL SHORTREED 10/16/2015 10/19/2015 BREVIS CORPORATION $291.02 ANDREA SINDT 10/16/2015 10/19/2015 DRUGSTORE.COM $127.96 ANDREA SINDT 10/19/2015 10/21/2015 RAPID PACKAGING $188.01 ANDREA SINDT 10/23/2015 10/23/2015 DRUGSTORE.COM $58.98 ANDREA SINDT 10/26/2015 10/27/2015 IN *BIOBAG USA $565.18 CHRIS SWANSON 10/29/2015 10/30/2015 AMAZON MKTPLACE PMTS $20.00 BRIAN TAUZELL 10/23/2015 10/26/2015 UNIFORMS UNLIMITED INC.$61.97 PAUL THIENES 10/21/2015 10/22/2015 MINNESOTA TRANSPORTATION $110.00 MICHAEL THOMPSON 10/16/2015 10/20/2015 XERCES SOCIETY $35.00 KAREN WACHAL 10/16/2015 10/19/2015 OFFICE DEPOT #1090 ($119.94)TAMMY WYLIE $43,273.27 G1, Attachments Packet Page Number 27 of 150 CHECK #CHECK DATE EMPLOYEE NAME 49.05 28.87 11/06/15 CARLE, JEANETTE 72.00 11/06/15 JAGOE, CAROL 72.00 11/06/15 MAHRE, GERALDINE 11/06/15 SCHNELL, PAUL 5,196.61 24.00 11/06/15 THOMALLA, CAROL 48.00 11/06/15 CORCORAN, THERESA 2,022.60 11/06/15 KVAM, DAVID 4,506.18 COLEMAN, MELINDA 5,925.56 11/06/15 FUNK, MICHAEL 5,079.30 11/06/15 BAUMAN, GAYLE 5,177.28 11/06/15 OSWALD, BRENDA 2,107.92 11/06/15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in AmountAMOUNT 11/06/15 ABRAMS, MARYLEE 430.99 11/06/15 CARDINAL, ROBERT 430.99 11/06/15 JUENEMANN, KATHLEEN 430.99 11/06/15 KOPPEN, MARVIN 430.99 11/06/15 SLAWIK, NORA 489.68 11/06/15 BUSACK, DANIEL 4,027.98 11/06/15 CARNES, JOHN 2,899.44 11/06/15 ARNOLD, AJLA 1,921.50 11/06/15 BEGGS, REGAN 1,803.20 11/06/15 KNUTSON, LOIS 2,503.62 11/06/15 CHRISTENSON, SCOTT 2,143.57 11/06/15 JAHN, DAVID 2,242.00 11/06/15 BURLINGAME, SARAH 2,380.50 11/06/15 KNUTSON, ALEC 312.00 11/06/15 RAMEAUX, THERESE 3,332.64 11/06/15 ANDERSON, CAROLE 1,081.87 11/06/15 DEBILZAN, JUDY 2,257.97 11/06/15 RUEB, JOSEPH 3,180.20 11/06/15 SPANGLER, EDNA 1,212.22 11/06/15 CRAWFORD, LEIGH 1,942.77 11/06/15 LARSON, MICHELLE 2,020.38 11/06/15 HAAG, KAREN 4,860.99 11/06/15 LO, CHING 915.83 11/06/15 SCHMIDT, DEBORAH 3,248.90 11/06/15 RICHTER, CHARLENE 1,035.76 11/06/15 VITT, SANDRA 1,146.40 11/06/15 WEAVER, KRISTINE 2,507.40 11/06/15 MECHELKE, SHERRIE 1,212.22 11/06/15 MOY, PAMELA 1,616.30 11/06/15 OSTER, ANDREA 2,027.03 3,333.73 11/06/15 SHORTREED, MICHAEL 4,379.47 11/06/15 WYLIE, TAMMY 1,781.97 11/06/15 ABEL, CLINT 11/06/15 SHEA, STEPHANIE 1,593.17 2,003.88 11/06/15 BENJAMIN, MARKESE 3,066.73 11/06/15 BIERDEMAN, BRIAN 3,454.89 3,215.84 11/06/15 ALDRIDGE, MARK 3,730.05 11/06/15 BAKKE, LONN 3,357.32 11/06/15 BARTZ, PAUL 3,868.61 11/06/15 SHEPPERD, FAITH 11/06/15 BELDE, STANLEY G1, Attachments Packet Page Number 28 of 150 55.27 11/06/15 GABRIEL, ANTHONY 4,074.31 11/06/15 HAWKINSON JR, TIMOTHY 3,388.89 11/06/15 CROTTY, KERRY 11/06/15 FISHER, CASSANDRA 1,568.88 11/06/15 FORSYTHE, MARCUS 3,198.00 11/06/15 FRITZE, DEREK 3,237.49 3,986.41 11/06/15 HER, PHENG 3,530.01 11/06/15 HIEBERT, STEVEN 3,776.71 11/06/15 HOEMKE, MICHAEL 11/06/15 JOHNSON, KEVIN 3,978.01 2,330.22 11/06/15 HOFMEISTER, TIMOTHY 496.00 11/06/15 JAMES JR, JUSTIN 464.00 11/06/15 JASKOWIAK, AMANDA 540.00 11/06/15 NYE, MICHAEL 3,677.79 11/06/15 OLDING, PARKER 2,330.22 11/06/15 OLSON, JULIE 11/06/15 SCHOEN, ZACHARY 2,437.23 3,158.17 11/06/15 PARKER, JAMES 3,059.67 11/06/15 PETERSON, JARED 2,045.61 11/06/15 REZNY, BRADLEY 3,614.07 11/06/15 CRUMMY, CHARLES 237.91 11/06/15 DABRUZZI, THOMAS 3,029.51 11/06/15 DAWSON, RICHARD 11/06/15 BAHL, DAVID 472.50 11/06/15 BASSETT, BRENT 32.15 11/06/15 BAUMAN, ANDREW 11/06/15 CAPISTRANT, JOHN 360.00 11/06/15 COREY, ROBERT 713.77 11/06/15 CRAWFORD - JR, RAYMOND 2,677.50 11/06/15 HALWEG, JODI 3,085.48 11/06/15 HAWTHORNE, ROCHELLE 2,893.92 11/06/15 HUTCHINSON, JAMES 457.50 3,498.03 11/06/15 EVERSON, PAUL 3,230.42 11/06/15 HAGEN, MICHAEL 771.61 11/06/15 HALE, JOSEPH 187.50 11/06/15 DEMULLING, JOSEPH 3,462.27 11/06/15 DUGAS, MICHAEL 4,804.43 11/06/15 ERICKSON, VIRGINIA 3,385.94 3,604.44 11/06/15 KROLL, BRETT 3,475.38 11/06/15 LANGNER, SCOTT 3,129.33 11/06/15 LANGNER, TODD 11/06/15 KONG, TOMMY 3,143.94 1,000.19 11/06/15 MICHELETTI, BRIAN 3,251.39 11/06/15 MULVIHILL, MARIA 2,330.22 3,066.73 11/06/15 LYNCH, KATHERINE 3,004.33 11/06/15 MARINO, JASON 3,850.27 11/06/15 MCCARTY, GLEN 3,482.70 11/06/15 KREKELER, NICHOLAS 11/06/15 METRY, ALESIA 3,129.33 11/06/15 SYPNIEWSKI, WILLIAM 3,066.73 11/06/15 TAUZELL, BRIAN 3,004.33 11/06/15 THEISEN, PAUL 11/06/15 SLATER, BENJAMIN 1,466.68 3,313.69 11/06/15 ZAPPA, ANDREW 2,045.61 11/06/15 ANDERSON, BRIAN 192.92 1,839.07 11/06/15 THIENES, PAUL 4,336.63 11/06/15 VANG, PAM 2,151.44 11/06/15 WENZEL, JAY 3,129.33 11/06/15 STEINER, JOSEPH 11/06/15 XIONG, KAO 2,943.24 11/06/15 BEITLER, NATHAN 347.23 11/06/15 BOURQUIN, RON 1,097.60 11/06/15 CAPISTRANT, JACOB 327.94 G1, Attachments Packet Page Number 29 of 150 165.00 34.50 11/06/15 KANE, ROBERT 1,042.50 11/06/15 KARRAS, JAMIE 32.15 11/06/15 KERSKA, JOSEPH 11/06/15 IMM, TRACY 295.79 11/06/15 JUREK, GREGORY 514.42 1,125.29 11/06/15 PARROW, JOSHUA 154.33 11/06/15 11/06/15 MONSON, PETER 154.33 11/06/15 MORGAN, JEFFERY 501.49 11/06/15 NEILY, STEVEN 11/06/15 OLSON, JAMES 3,009.70 38.59 11/06/15 NIELSEN, KENNETH 360.00 11/06/15 NOVAK, JEROME 3,159.36 11/06/15 NOWICKI, PAUL 90.03 11/06/15 BRINK, TROY 2,811.37 11/06/15 BUCKLEY, BRENT 2,326.27 11/06/15 DEBILZAN, THOMAS 11/06/15 SEDLACEK, JEFFREY 3,104.43 11/06/15 STREFF, MICHAEL 3,028.65 11/06/15 SVENDSEN, RONALD 11/06/15 ZWIEG, SUSAN 1,238.01 11/06/15 CORTESI, LUANNE 2,020.37 11/06/15 SINDT, ANDREA 11/06/15 ZIEMAN, SCOTT 104.00 11/06/15 JANASZAK, MEGHAN 1,985.97 11/06/15 RUNNING, ROBERT 2,532.67 11/06/15 TEVLIN, TODD 2,320.27 11/06/15 BURLINGAME, NATHAN 11/06/15 LINDBLOM, RANDAL 2,915.03 11/06/15 LOVE, STEVEN 3,929.33 11/06/15 THOMPSON, MICHAEL 5,152.44 2,463.20 11/06/15 KONEWKO, DUWAYNE 4,922.81 11/06/15 HAMRE, MILES 1,852.00 11/06/15 HAYS, TAMARA LOCHEN, MICHAEL 728.90 11/06/15 MERKATORIS, BRETT 237.93 11/06/15 MONDOR, MICHAEL 3,958.19 11/06/15 KONDER, RONALD 958.13 11/06/15 KUBAT, ERIC 3,068.78 11/06/15 LINDER, TIMOTHY 3,102.68 11/06/15 PETERSON, MARK 637.51 11/06/15 PETERSON, ROBERT 11/06/15 OPHEIM, JOHN 225.00 11/06/15 PACHECO, ALPHONSE 450.14 11/06/15 RODDY, BRETT 244.37 11/06/15 RODRIGUEZ, ROBERTO 308.64 3,301.34 11/06/15 POWERS, KENNETH 527.29 11/06/15 RAINEY, JAMES 1,041.68 11/06/15 RANGEL, DERRICK 372.96 11/06/15 RICE, CHRISTOPHER 102.88 2,689.10 3,629.46 11/06/15 TROXEL, REID 964.55 11/06/15 GERVAIS-JR, CLARENCE 4,239.86 11/06/15 LUKIN, STEVEN 4,939.44 11/06/15 NAGEL, BRYAN 3,814.30 11/06/15 OSWALD, ERICK 2,394.52 11/06/15 RUIZ, RICARDO 1,918.67 2,302.50 11/06/15 EDGE, DOUGLAS 2,292.10 11/06/15 JONES, DONALD 2,302.49 11/06/15 MEISSNER, BRENT 2,320.27 11/06/15 DUCHARME, JOHN 2,915.02 11/06/15 ENGSTROM, ANDREW 3,096.50 11/06/15 JAROSCH, JONATHAN 3,449.30 1,902.67 11/06/15 HINNENKAMP, GARY 2,509.61 11/06/15 NAUGHTON, JOHN 2,301.90 G1, Attachments Packet Page Number 30 of 150 317.50 219.65 16.39 11/06/15 GERNES, CAROLE 665.02 11/06/15 HAYMAN, JANET 1,240.82 11/06/15 HUTCHINSON, ANN 11/06/15 ORE, JORDAN 1,902.67 11/06/15 BIESANZ, OAKLEY 1,887.76 11/06/15 DEAVER, CHARLES 11/06/15 BJORK, BRANDON 231.00 11/06/15 BRENEMAN, NEIL 2,533.34 11/06/15 CULVER, BAILEY 11/06/15 FINWALL, SHANN 3,835.57 11/06/15 LORENZ, DANIELA 420.00 11/06/15 MARTIN, MICHAEL 11/06/15 SWANSON, CHRIS 1,951.57 11/06/15 WEIDNER, JAMES 1,540.00 11/06/15 WELLENS, MOLLY 11/06/15 EVANS, CHRISTINE 2,152.56 11/06/15 GIBSON, CHRISTINE 2,181.75 11/06/15 HENDRICKS, JENNIFER 11/06/15 TAYLOR, JAMES 3,400.88 11/06/15 VUKICH, CANDACE 510.00 11/06/15 ADAMS, DAVID 11/06/15 WILBER, JEFFREY 1,901.55 11/06/15 BARAHONA, FREYA 306.00 11/06/15 CRANDALL, KRISTA 11/06/15 WISTL, MOLLY 114.75 11/06/15 YANG, YOUA 220.00 11/06/15 BAUDE, SARAH 11/06/15 SKRYPEK, JOSHUA 463.39 11/06/15 ST SAUVER, CRAIG 640.50 14.06 11/06/15 GREGG, PETER 144.00 11/06/15 GRUENHAGEN, LINDA 403.67 11/06/15 HOLMBERG, LADONNA 698.24 11/06/15 NORDQUIST, RICHARD 2,287.20 11/06/15 HOIER, KARA 948.46 11/06/15 JOHNSON, ELIZABETH 1,590.05 11/06/15 KROLL, LISA 2,092.37 2,845.81 11/06/15 SOUTTER, CHRISTINE 603.75 11/06/15 WACHAL, KAREN 1,022.49 11/06/15 GAYNOR, VIRGINIA 3,478.53 2,136.47 3,338.93 11/06/15 BRASH, JASON 2,855.87 11/06/15 CARVER, NICHOLAS 4,473.03 11/06/15 SWAN, DAVID 2,939.57 11/06/15 LOPEZ, ANGELA 84.00 11/06/15 ROBBINS, AUDRA 3,570.21 11/06/15 ROBBINS, CAMDEN 379.50 25.00 11/06/15 ETTER, LAURA 42.00 11/06/15 GORACKI, GERALD 156.76 11/06/15 JACOBS, ROCHELLE 288.75 47.25 2,715.16 11/06/15 HAAG, MARK 2,603.86 11/06/15 JENSEN, JOSEPH 1,815.47 11/06/15 SCHULTZ, SCOTT 3,856.84 11/06/15 MCCOMAS, LEAH 45.50 11/06/15 O'CONNER, TERRINA 645.25 11/06/15 RUZICHKA, JANICE 332.50 529.21 11/06/15 HOFMEISTER, MARY 1,085.23 11/06/15 KRECH, TRAVIS 288.00 11/06/15 KUHN, MATTHEW 346.50 11/06/15 DEMPSEY, BETH 376.14 11/06/15 ERICKSON-CLARK, CAROL 37.50 11/06/15 GARTNER, DARYL 29.75 11/06/15 BEAR, AMANDA 178.50 11/06/15 BUTLER, ANGELA 136.88 11/06/15 CLARK, PAMELA 79.20 266.52 G1, Attachments Packet Page Number 31 of 150 99101901 99101902 99101903 99101904 99101905 11/06/15 MUSKAT, JULIE 148.51 11/06/15 RANEY, COURTNEY 952.02 11/06/15 RESENDIZ, LORI 2,809.47 11/06/15 ROLLERSON, TERRANCE 11/06/15 SMITH, ANN 124.80 60.76 11/06/15 ROMERO, JENNIFER 47.00 11/06/15 SCHERER, KATHLENE 164.14 11/06/15 SCHREIER, ROSEMARIE 129.26 LANGER, CHELSEA 35.63 11/06/15 THOMPSON, SARA 160.31 11/06/15 TREPANIER, TODD 145.32 11/06/15 TRUONG, CHAU 11/06/15 YANG, JUDY 182.00 128.25 70.00 11/06/15 TUPY, MARCUS 96.00 11/06/15 WAGNER, JODY 221.00 11/06/15 WAKEM, CAITLYN 54.00 151.13 11/06/15 JOHNSON, BARBARA 390.05 11/06/15 LAMSON, ELIANA 27.38 11/06/15 MCKILLOP, AMANDA 146.26 11/06/15 NITZ, CARA 385.99 11/06/15 OHS, CYNTHIA 11/06/15 BILJAN, MERANDA 144.00 11/06/15 SMITH, JEROME 89.88 11/06/15 SMITLEY, SHARON 326.87 11/06/15 BOSLEY, CAROL KRECH, ELAINE 899.3611/06/15 11/06/15 BUTLER-MILLER, JADE 76.50 11/06/15 CHRISTAL, JENNIFER 45.00 11/06/15 ELLISON, LELIA 11/06/15 MOSLOSKI, JESSICA 42.75 126.00 11/06/15 FRANZMEIER, EILEEN 105.75 11/06/15 GRACE, EMILY 241.51 11/06/15 11/06/15 MAIDMENT, COLIN 714.92 11/06/15 AUSTIN, CATHERINE 252.00 11/06/15 CRAWFORD, SHAWN 525.00 180.00 11/06/15 CRAYNE, WILLIAM 173.25 11/06/15 DOUGLASS, TOM 2,238.15 11/06/15 HEINTZ, JOSHUA 11/06/15 MALONEY, SHAUNA 54.00 11/06/15 WOEHRLE, MATTHEW 2,382.99 11/06/15 OJCZYK, CYNTHIA 546.00 11/06/15 PRIEM, STEVEN 2,585.69 11/06/15 PRINS, KELLY 2,003.88 11/06/15 REILLY, MICHAEL 2,059.39 11/06/15 STEFFEN, MICHAEL 108.00 11/06/15 XIONG, BOON 1,665.11 11/06/15 BERGO, CHAD 2,907.76 11/06/15 FOWLDS, MYCHAL 4,296.38 11/06/15 FRANZEN, NICHOLAS 3,212.56 11/06/15 ABBOTT, MCKENZIE 70.00 11/06/15 KRENZ, KATELYN 28.00 511,515.33 11/06/15 SWIECH, CAITLYN 196.00 11/06/15 AUBUCHON, IMAGINARA 126.50 11/06/15 VANG, VICHAI 110.00 G1, Attachments Packet Page Number 32 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuW ayne Konewko, Parks and Recreation Director Ann Hutchinson, Lead Naturalist DATE: November 23, 2015 SUBJECT: Approval of a Resolution Accepting Donation to Maplewood Nature Center Introduction A donation of $1200 was donated to the Maplewood Nature Center by Friends of Maplewood Nature to be used towards a new entrance sign for Maplewood Nature Center site. Minnesota State Statute 465.03 states that gifts to municipalities shall be accepted by the governing body in the form of a resolution by a two-thirds vote. Budget Impact This is a donation. The Nature Center operating budget has funds to cover any remaining costs for the sign. Recommendation Approve the Resolution accepting the donation of $1200 to the Maplewood Nature Center to be used towards a new entrance sign at Maplewood Nature Center and authorize the Finance Director to make the appropriate budget changes. RESOLUTION ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $1,200 from Friends of Maplewood Nature to be used towards an entrance sign for Maplewood Nature Center. NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department to accept this donation. G2 Packet Page Number 33 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks and Recreation Director Ginny Gaynor, Natural Resources Coordinator DATE: November 23, 2015 SUBJECT: Approval to Enter Into Agreement for Wildlife Management Services Introduction Some neighborhoods in Maplewood have an overpopulation of deer. Annual deer archery hunts are conducted on selected public lands in Maplewood but these are not adequate to reduce the population to acceptable levels. Council will consider approval of entering into an agreement for sharpshooting of deer. Background The deer population in some areas of Maplewood is at a level that exceeds fifteen deer per square mile of habitat, the Minnesota Department of Natural Resources (DNR) recommendation for a healthy deer herd in urban areas. Staff, as well as appointed and elected officials, receive complaints each year about overpopulation of deer. Most complaints are regarding damage to vegetation. This occurs on both private and public lands and at some parks and preserves. Due to this damage we cannot plant without installing protection from deer. In addition to overbrowsing and damage of vegetation, overpopulation of deer impacts public safety with high numbers of deer-vehicle collisions. Maplewood’s deer management goals are: 1) preserve a balance of wildlife, 2) accept tolerable levels of deer browse, 3) reduce property damage, and 4) minimize deer-vehicle collisions. The City’s strategy has four key components: 1) City ordinance prohibits feeding of deer; 2) annual aerial survey of deer, 3) bowhunting at selected preserves, in partnership with Metro Bowhunters Resource Base (MBRB); and 4) when funding is secured and populations merit it, sharpshooting. Ramsey County conducts an aerial survey of deer each year but did not survey in winter 2014- 2015 due to lack of snow cover. The most recent survey is from February 2014 and that data is available at: https://parks.co.ramsey.mn.us/parks/Pages/Natural-Resources-Management.aspx. The City has been partnering with MBRB on annual archery hunts every year since 1999. For the areas in Maplewood with over population of deer, archery hunts are not adequate to reduce the herd sufficiently to meet the city’s deer management goals. Sharpshooting deer is the only feasible method of reducing the population to acceptable levels in neighborhoods with particularly high numbers of deer. In 2005, Maplewood and St. Paul partnered on sharpshooting removal of deer south of I-94; 200 deer were removed at a cost of $51,000. In 2014, City Council approved $30,000 for deer removal and the City contracted with G3 Packet Page Number 34 of 150 United States Department of Agriculture’s (USDA) division of Wildlife Services, for removal. The USDA removed 120 deer, at a cost of $14,635. The City of St. Paul declined to partner on removal, so Maplewood targeted neighborhoods north of I-94. Staff would like to enter into an agreement with USDA removal of up to 75 deer during winter 2015-2016. The meat would be distributed to individuals in need in the Hmong community, via the Hmong Council 18. This was done last year, was greatly appreciated by Hmong leaders and recipients, and the logistics worked well. The removals would focus on neighborhoods north of I-94. St. Paul has declined to partner on sharpshooting south of I-94 this winter. Due to movement of the deer we need St. Paul’s participation to make removals in the south effective. To garner St. Paul’s support for next winter, Maplewood staff plans to host a meeting in Spring 2016 for staff from Ramsey County, City of St. Paul, and adjacent cities to review updated survey information, share our experience contracting with USDA for removals, and to discuss partnerships on deer management. Budget Impact The 2016-2020 Capital Improvement Plan (CIP) allocates $20,000 CIP funds for deer management in 2016, Project PM15.010. Recommendation Staff recommends that the City Council approves entering into an agreement with USDA for sharpshooting deer and directs the City Manager to execute this. Staff further recommends that the City Council approves up to $20,000 for deer management for Project PM 15.010. Attachments None G3 Packet Page Number 35 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steven Love, Assistant City Engineer DATE: November 10, 2015 SUBJECT: Approval of Resolution Adopting 2016 Assessment Rates, Public Works Permit Fees and Park Availability Charges Introduction The City Council will consider approving the attached resolution adopting the 2016 assessment rates, permit fees, and park availability charges (PAC). Background Each year the Public Works Department analyzes rates and makes a recommendation to the council on adjustments. The 2016 permit fees are recommended to remain at 2015 levels. General assessment rates for street improvement projects are based on the results of independent special benefit appraisal reports. The Parks and Recreation Director recommended that the park availability charge (PAC) remain at 2015 levels. The standard sanitary availability charge (SAC) and water availability charge (WAC) fees are proposed to remain at 2015 levels. The SAC charge is set and regulated by Metropolitan Council Environmental Services (MCES). It is a pass through charge in which the city collects and then distributes to the Met Council. The Local City SAC charge covers internal costs of administering the SAC program and is proposed to remain at 2015 levels. It is recommended that the 2016 rates take effect on January 1, 2016 and that these fees continue to be reviewed annually with a recommendation brought before the City Council for consideration. Budget Impact None. Recommendation It is recommended that the City Council approve the attached Resolution for Adoption of the 2016 Assessment Rates, Public Works Permit Fees, and Park Availability Charges. Attachments 1. Resolution 2. Public Works 2016 Permit Fee Schedule 3. 2016 Permit Fee Work Sheet G4 Packet Page Number 36 of 150 RESOLUTION ADOPTION OF THE 2016 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES, AND PARK AVAILABILITY CHARGES WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park availability charges, and WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The proposed assessment and improvement rates hereby attached shall become effective beginning January 1, 2016. Furthermore the special assessment rates shall be officially established through a benefit appraisal analysis. 2. The updated public works fees are approved for all related permit applications received on or after January 1, 2016. 3. The park availability charge (which has not changed from 2015) shall be effective beginning January 1, 2016. 4. The rates attached will be reviewed by staff on an annual basis with recommendations for revision brought to the City Council for consideration. Adopted by the Maplewood City Council on this 23rd day of November 2015. G4, Attachment 1 Packet Page Number 37 of 150 11/17/2015 p/works/eng/lib/ Permit Fees 2016 Date of Revision: 11-10-2015, SWL Sanitary Sewer Fees 2014 2015 2016 Notes Sanitary Service Connection Permit: New Sanitary Sewer Service (Per Service)$110 $110 $110 Disconnect or Repair (Per Service)$39 $39 $39 Sanitary Sewer Main Line Permit: Base Fee:$114 $114 $114 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection $59 $59 $59 Private Individual Septic Systems $2,000 $500 $500 Sanitary Sewer Cash Connection Charge: Residential Connection Charge $4,325 $4,325 $4,325 For All New Connections for Properties That Have Not Previously Been Charged or Assessed for Construction of the Public System For All New Connections for Properties That Have Not Previously Been Charged or Assessed for Construction of the Public System Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Sewer Assessment for City Project Residential Sanitary Service Installed to New Main $1,530 $1,530 $1,530 Residential Sanitary Service Installed to Existing Main $2,880 $2,880 $2,880 Comm/Ind Sanitary Service Installed to Existing Main $20 $20 $20 Cost Per Front Footage Comm/Ind Sanitary Service Installed to Existing Main $38 $38 $38 Cost Per Front Footage Sewer Availability Charge (SAC): Local SAC Fee Per SFD Unit $130 $130 $130 Water System Fees 2014 2015 2016 Notes Water Main Cash Connection Charge: Residential Connection Charge $4,325 $4,325 $4,325 For All New Connections for Properties That Have Not Previously Been Charged or Assessed for Construction of the Public System For All New Connections for Properties That Have Not Previously Been Charged or Assessed for Construction of the Public System Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Water System Assessment for City Project Residential Water Service Installed to New Main $1,530 $1,530 $1,530 Residential Water Service Installed to Existing Main $1,900 $1,900 $1,900 Comm/Ind Water Service Installed to New Main $20 $20 $20 Cost Per Front Footage Comm/Ind Water Service Installed to Existing Main $38 $25 $25 Cost Per Front Footage Water Availability Charge (WAC): WAC Unit Fee $285 $285 $285 The Total Number of WAC Units to be Paid is equal to the Total Number of Equivalent SAC Units Required as Determined by MCES Storm Sewer System Fees 2014 2015 2016 Notes Storm Sewer Permit: Private Storm Sewer Main Base Fee $114 $114 $114 Plus Each Connection to Existing System, New Structures, Alteration, or Re-Inspection $43 $59 $59 Base Escrow (covers first 10 connections or new structures)$300 $300 Escrow released after passing inspection Plus Additional Escrow (per each additional connection or new structure) $30 $30 Escrow released after passing inspection Storm Sewer System Assessment for City Project Storm Drainage Improvements $1,090 $1,090 $1,090 Assessment Rate Will Be Based on Independent Special Benefit Appraisals Public Works Permit Fees - 2016 $57 $2,485 Commercial Connection Charge (Per Front Footage)$57 $57 $57 $2,485 1 SAC Unit = 1 Single Family Dwelling (SFD) SAC Unit For All Other Types of Developments Total Number of Equivalent SFD SAC Units is Determined by MCES $2,485 Commercial Connection Charge $57 $57 SAC Unit Fee (Rate Set By MCES) G4, Attachment 2 Packet Page Number 38 of 150 11/17/2015 p/works/eng/lib/ Permit Fees 2016 Street, Driveway, and Parking Lot Fees 2014 2015 2016 Notes Driveway & Parking Lot Permits Driveway Permit $28 $28 $28 $104.00 Base Fee for 0-50,000 SF 50,000 SF and Greater = Base Fee + (SF over 50,000 SF x 0.002) Street Improvement Assessment for City Project Assessments for Complete Street Reconstruction, Partial Street Reconstruction, Full Depth Bituminous Resurface, and Mill and Overlay Projects Grading Permit, Plan Review, and Inspection Fee 2014 2015 2016 Notes Grading Permit and Inspection Fee Based on Total Estimate Material Moved <= 50 C.Y.$37 $37 $37 51 to 100 C.Y.$94 $94 $94 101 to 1000 C.Y. First 100 C.Y.$94 $94 $94 plus each additional 100 C.Y.$30 $30 $30 1001 to 10,000 C.Y. First 1000 C.Y.$364 $364 $364 plus each additional 1000 C.Y.$23 $23 $23 10,001 to 100,000 C.Y.: First 10,000 C.Y.$571 $571 $571 plus each additional 10,000 C.Y.$137 $137 $137 100,001 C.Y. to 200,000 C.Y.: First 100,000 C.Y.$1,804 $1,804 $1,804 plus each additional 10,000 C.Y.$77 $77 $77 200,000 C.Y. or More: First 200,000 C.Y.$2,574 $2,574 $2,574 plus each additional 10,000 C.Y.$13 $13 $13 Park Availability Charge 2014 2015 2016 Notes PAC per capita Base Unit Charge $1,040 $1,040 $1,040 1 SFD Pac Fee = $1,040 per capita x 3.4 capita = $3,540 per SFD PAC Commercial Development = % x Land Market Value 9%9%9% Right of Way Permit and Inspection Fees 2014 2015 2016 Notes Contractor Yearly Registration Fee (Per Year)$40 $40 $40 Hole Excavation Permit Fee (Per Hole)$100 $100 $100 Trench Excavation Permit Base Fee $100 $100 $100 Plus Each Additional 100 Lineal Feet $60 $60 $60 Emergency Excavation Permit Fee $100 $100 $100 Aerial / Obstruction Permit Fee (Obstruction)$80 $80 $80 Permit Extension Fee $35 $35 $35 Delay Penalty Fee Base Fee (Up to 3 Days Late)$35 $35 $35 Plus Each Additional Day (Per Day)$10 $10 $10 Directional Boring / Underground Piercing Fee Base Fee (First 100 Lineal Feet)$100 $100 $100 Plus each additional Lineal Foot (Per Lineal Foot)$0.70 $0.70 $0.70 Degradation Fee Additional Charges 2014 2015 2016 Notes All other services requiring additional staff time*$56 $56 $56 * Services requiring extensive staff time beyond what is considered reasonable for inspections or other services will be charged $56.00 per hour Grading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project. Assessment Rate Will Be Based on Independent Special Benefit Appraisals Determined Case By Case $104$104 $104Parking Lot Paving Permit G4, Attachment 2 Packet Page Number 39 of 150 P:\WORKS\AGENDA\112315\2016 Permit Fees\2016 Fee Work Sheet 11/17/2015 GENERAL DEVELOPMENT Occ./Unit MCES LOCAL For PAC Calc.SAC SAC WAC PAC Comment Typical Total Cost RESIDENTIAL SFD 3.4 $2,485.00 $130.00 $285.00 $3,540.00 $3,500.00 $9,940.00 Duplex (Double Occupancy)5.4 $4,970.00 $260.00 $570.00 $5,620.00 $3,500.00 $14,920.00 MULIT-FAMILIY DEVELOPMENTS Town House 2.7 Varies Varies Varies $2,810.00 Varies Varies Apartments Size 3-4 Units 2.7 Varies Varies Varies $2,810.00 Varies Varies Apartments Size 5+ Units 1.9 Varies Varies Varies $1,980.00 Varies Varies Mobile Home 2.5 Varies Varies Varies $2,600.00 Varies Varies Senior Citizen Developments Apartment Size 1 BR Units 1.1 Varies Varies Varies $1,140.00 Varies Varies Apartment Size 2 BR Units 2.0 Varies Varies Varies $2,080.00 Varies Varies COMMERCIAL / INDUSTRIAL Commercial / Industrial n/a Varies Varies Varies 9% M.V.Varies Varies 2016 Base Unit values SAC per unit (MCES) =$2,485.00 Per SFD Unit SAC per unit (LOCAL) =$130.00 Per SFD Unit WAC per unit=$285.00 Per SFD Unit PAC per capita Base Unit =$1,040.00 Per Capita PAC Development Fee = % of market value of land - previous Pac Fees 9%Land Value Grading & Fill Escrow Varies Project Based 1 SFD No $4,325 $110 $2,485 $130 $0 $7,050 1 SFD No $4,325 $110 $2,485 $130 $0 $7,050 1 SFD Yes $0 $110 $2,485 $130 $0 $2,725 1 SFD No $4,325 $0 $0 $0 $1,530 $5,855 1 SFD No $4,325 $110 $2,485 $130 $2,880 $9,930 1 SFD Yes $0 $110 $2,485 $130 $2,880 $5,605 Disconnect / Repair Residential Sanitary Service Connection 1 SFD -$0 $39 $0 $0 $0 $39 1 SFD No $4,325 $285 $0 $4,610 1 SFD No $4,325 $285 $0 $4,610 1 SFD Yes $0 $285 $0 $285 New Residential Service for Vacant Lot - New Main (City Project)1 SFD No $4,325 $0 $1,530 $5,855 Existing Residential Building - New Main (City Project)1 SFD No $4,325 $285 $1,530 $6,140 1 SFD Yes $0 $285 $1,900 $2,185 Updated 11-10-15 SWL Existing Residential Building - Existing Main (City Project) Notes Payment of Cash Connection Prior to Connecting Optional Cash Connection WACPermit Water Service Existing Residential Building - No Previous Connection Sanitary service permit is required for private work to extend the sanitary service from the house to the service stub or existing main Sanitary service permit is required for private work to extend the sanitary service from the house to the service stub or existing main Paid For Connection or Assessment Permits and Fees Water Service Permit Examples Total Cost New Residential Building on Vacant Lot / New Lot Sanitary Service Permit Examples Unit Sanitary Service Permit Cash Connection MCES SAC Existing Residential Building - No Previous Connection Paid For Connection or Assessment Existing Residential Building - No Previous Connection 2016 PERMIT FEE WORK SHEET MCES sets Sac Unit Rate and determines the number of SAC units (equivalent single family dwellings (SFD))Increased 0% over 2015. Total Local Sac Units equal to the number of MCES SAC unitsIncreased 0% over 2015. Existing Residential Building - Existing Main (City Project) Existing Residential Building - New Main (City Project) Notes Payment of Cash Connection Prior to Connecting Optional New Residential Building on Vacant Lot / New Lot Grading Escrow Existing Residential Building - No Previous Connection Normal permit MCES determines the number SAC Units (equivalent single family dwellings (SFD)). The number of SAC Units is used to calculate the MCES SAC Fee and the WAC. The Grading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project. PAC Fee = The number of Units * Occupancy Per Unit * the Per Capita Base Unit. Values shown are per unit basis. Normal permit (Total Cost for New Duplex) Permits and Fees New Residential Service for Vacant Lot - New Main (City Project) Increased 0% over 2015. 1 SFD Pac Fee = $1,040 per capita x 3.4 capita = $3,540 per SFD Increased 0% over 2015. Commercial Development Pac Fee based on % of estimated market value of land - previous Pac Fees Total WAC units equal to the number of MCES SAC Units Local SAC Sewer Service Assessment Total Cost MCES determines the number SAC Units (equivalent single family dwellings (SFD)). The number of SAC Units is used to calculate the MCES SAC Fee and the WAC. The Grading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project. Increased 0% over 2015. PAC based on percentage of market value of land or Parks & Recreation Director's letter. -Grading and Fill Escrow is based on complexity of project, proximity to environmental sensitive areas, and scope of project G4, Attachment 3 Packet Page Number 40 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steven Love, Assistant City Engineer DATE: November 10, 2015 SUBJECT: Approval of New Stop Signs at Monastery Way and Benet Road Introduction The City Council will consider approving the two newly installed stop signs at the intersection of Monastery Way and Benet Road making it a 4-way stop intersection. Council ratification is requested. Background The placement of stop signs in the City is regulated by and consistent with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). This manual is adopted by the city ordinance to regulate all street signage, markings, and signals. City staff has evaluated the intersection with respect to the criteria set forth by the MN MUTCD for the application of a stop sign. The Public Works Department was contacted with concerns about traffic control at the intersection of Monastery Way and Benet Road (see attached). City staff performed a site investigation to review the current configuration and sight distances of the existing intersection. The south and east legs of this intersection are public roads. The west leg of the intersection is a private road/drive. The north leg of the intersection is the private drive entrance to St. Paul’s Monastery. The north and west legs of the intersection are currently signed with stop signs. The south and east legs (Monastery Way and Benet Road) are not currently signed with stop signs. When approaching this intersection it has all the appearance of standard four-way public intersection. The current signing configuration can lead to confusion for drivers trying to determine who is required to stop at the intersection. Additionally, there are some sight restrictions in the southeast corner of the intersection due to the existing grades, which might impact the speed at which divers can safely access the intersection. The MN MUTCD provides for the use of engineering judgment in the case of restricted sight distance and the potential use of stop signs. Due to safety concerns about the existing intersection configuration and the observed sight restrictions city staff directed the Public Works Department to install the stop signs on Monastery Way and Benet Road at the southeast and northeast corners of the intersection (see attached map). G5 Packet Page Number 41 of 150 Recommendation It is recommended that the City Council approve the two stop signs at the southeast and northeast corners of the intersection of Monastery Way and Benet Road making this a 4-way stop intersection. Attachments 1. St. Paul’s Monastery Petition Letter w/ Exhibit 2. Proposed Stop Sign Location Map G5 Packet Page Number 42 of 150 G5, Attachment 1 Packet Page Number 43 of 150 G5, Attachment 1 Packet Page Number 44 of 150 G5, Attachment 2Packet Page Number 45 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steven Love, Assistant City Engineer DATE: November 10, 2015 SUBJECT: Approval of Stop Sign Adjustments at Fenton Avenue/Phalen Place and Fenton Avenue/Walter Street Intersections Introduction The City Council will consider the removal of stop signs at the intersection of Phalen Place and Fenton Avenue and the installation of a stop sign at the intersection of Walter Street and Fenton Avenue. Council action on the request is recommended. Background The placement of stop signs in the City is regulated by and consistent with the Minnesota Manual on Uniform Traffic Control Devices (MN MUTCD). This manual is adopted by the city ordinance to regulate all street signage, markings, and signals. City staff has evaluated the intersections with respect to the criteria set forth by the MN MUTCD for the application of a stop sign. The Public Works Department was contacted with a request to remove the north and south stop signs on Phalen Place at the intersection of Fenton Avenue. In response to the request, City staff performed a site investigation, gathered traffic volume data, reviewed past sign requests, and reviewed the collected traffic data. The intersection of Phalen Place and Fenton Avenue has had several past sign requests. The following is a brief summary of these requests: • 1984 – Request for installation of a 3-Way Stop at Phalen Place and Fenton Avenue o Stop signs were requested due to concerns of excess traffic on Phalen Place o A traffic study was done and found the Average Daily Traffic (ADT ) on Phalen Place was 576 o Installation of stop signs was not recommended • 1990 – Request for installation of a 3-Way Stop at Phalen Place and Fenton Avenue o Stop signs were requested due to concerns of excess traffic on Phalen Place o Staff recommended installing a 3-Way Stop at Phalen Place and Fenton Avenue along with 6 additional stop signs at various intersections in the area • 1992 – Request for removal of stop signs installed as part of the 1990 request o Petition from 32 residents to remove 8 of the 9 installed stop signs  The petition included the north/south stop signs at Phalen Place and Fenton Avenue o Staff recommended removal of several of the 1990 installed stop signs  Removal of the 3-Way Stop at Phalen Place and Fenton Avenue was not part of the City Council motion G6 Packet Page Number 46 of 150 The vehicular traffic volume entering the intersection from the major street approaches (total of both approaches for Phalen Pl) does not meet the MN MUTCD criteria of averaging at least 300 vehicles per hour for any 8 hours of an average day. The traffic data collected showed that the maximum total vehicles for the major street approaches in an hour totaled 91 vehicles. The current traffic data shows that the ADT on Phalen Place north of Fenton Avenue has remained at approximately the same level as the 1984 traffic study. The use of stop signs for reducing traffic levels or speeds is ineffective. Additionally, the use of unwarranted stop signs can lead to safety issues as drivers may ignore or roll through unwarranted stop signs. Staff recommends that the north/south stop signs on Phalen Place at the intersection with Fenton Avenue be removed and the east bound stop sign on Fenton Avenue remain (see attached map). Additionally, it is recommended that a stop sign be installed for the west bound traffic on Fenton Avenue at the intersection with Walter Street due to sight restrictions and to keep the traffic control consistent on Fenton Avenue. Recommendation It is recommended that the City Council approve the recommendation to remove the north/south stop signs on Phalen Place at the intersection with Fenton Avenue and to install a new stop sign for the west bound traffic on Fenton Avenue at the intersection with Walter Street. Attachments 1. Proposed Stop Sign Location Map G6 Packet Page Number 47 of 150 G6, Attachment 1 Packet Page Number 48 of 150 AGENDA REPORT TO: Melinda Coleman, City Manager FROM: Mike Funk, Assistant City Manager/HR Director Terrie Rameaux, HR Coordinator DATE: November 12, 2015 SUBJECT: Approval of Resolution Accepting Insurance Labor-Management Committee’s (LMC) Recommendation for Employee Insurance Benefits for 2016 Introduction/Background The City recently went through their annual renewal process for employee insurance benefits and received renewal proposals from all our carriers. The Insurance Labor-Management Committee (LMC) met, reviewed and discussed the renewal information from all providers. After some discussion and some negotiations by our insurance agent, NFP, on our health insurance, the Insurance LMC proposed the following effective January 1, 2016. Health Insurance: The LMC recommends the city continue with Medica as the health care provider. Medica’s initial renewal came back at 7.7% increase of which 3.8% are attributed to the Affordable Care Act. Due to a high participate rate in our wellness program, as well as in Medica’s RedBrick program, NFP advocated for a lower rate with Medica. Medica acknowledges that the City of Maplewood as having one of the most robust wellness programs, with the highest level of participation they have seen. Ultimately, these factors contributed in a final renewal of 0%. The RedBrick Program, which normally charges a per member per month fee, was also waived by Medica as part of the final negotiations. This program offers the employees a unique level of personalization, socialization, interaction and engagement that inspires sustainable behavior changes. This, along with our wellness program, has brought about positive change which is evident in our claims experience. We went from a 9.8% increase for 2015 to a 0% increase for 2016. The Insurance LMC proposes to maintain both of the current high deductible/HRA plan offerings —Medica Choice Open Access network and Elect/Essentials networks. Dental Insurance: In 2015, the City changed to a self-funded plan through Delta Dental. Based on the recommendation from NFP, who reviewed our current claims experience as well as projected claims through the remainder of 2015, and reviewed the premiums being collected, the Insurance LMC recommends that the City maintain the current premiums for dental. G7 Packet Page Number 49 of 150 Ancillary Benefits— Based on the renewal information from our consultant for ancillary benefits, Integrity Employee Benefits, Inc., the Insurance LMC recommends staying with all current ancillary benefit carriers as there was no increase in any of the premiums, City-paid as well as employee-paid. Long-Term and Short-Term Disability: Long-term disability is a City-paid benefit. The City also offers employee-paid short-term disability. Sun Life/NJPA (National Joint Powers Agreement) is our current carrier for both of these benefits. We received a three-year rate guarantee on both of these benefits for 2015 - 2017; therefore, there will be no increase in premiums. Life Insurance: Life insurance (basic) is a City-paid benefit. The City also offers employee-paid optional for the employee, spouse and children. Sun Life/NJPA is also the current carrier for life insurance. This benefit also received a three-year rate guarantee for 2015-2017; therefore, there will be no increase in premiums. Vision Care Plan: Vision care (hardware) is an employee-paid optional benefit. The Insurance LMC proposes to stay with Avesis as its carrier for vision care as they came back with a 0% increase. Budget Impact The impacts of employee benefit costs are accounted for during the budgeting process each year. Recommendation It is recommended that the City Council approve the Insurance Labor-Management Committee’s recommendations to be effective January 1, 2016. Attachments 1. Resolution Affirming Recommendations of the Labor Management Committee G7 Packet Page Number 50 of 150 RESOLUTION Be it resolved that the Maplewood City Council hereby affirms the recommendations of Insurance Labor Management Committee regarding 2016 employee insurance benefits for the City of Maplewood. Approved this 23rd day of November 2015. G7, Attachment 1 Packet Page Number 51 of 150 G8 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Gayle Bauman, Finance Director DATE: November 17, 2015 SUBJECT: Consider Approval of Resolution Adopting Ambulance Rates for 2016 Introduction Staff is asking the City Council to consider this request to approve a 3% increase in ambulance rates for 2016. Background Ambulance rates have been increased over the past several years, most notably with a 21% increase for 2008. The Medicare law that became effective in 2002 has resulted in decreasing collection rates from 65.3% to less than 50%. A property tax subsidy was re-established in 2012 to help cover the cost of Medicare runs and alleviate the deficit in this fund. The Medicare law limits reimbursements as follows (an increase of 1.8% from 2014 to 2015): 2014 2015 Basic life support $360.34 $366.76 Advanced life support 1 427.90 435.53 Advanced life support 2 619.33 630.38 Charge per mile 7.16 7.26 For 2015, staff recommended that a 15% surcharge be imposed on non-residents to compensate for the fact that non-residents do not pay property taxes in Maplewood. The City discontinued its higher non-resident fee in 2006 when the property tax subsidy for the Ambulance Service Fund was stopped. As stated above, this property tax subsidy was re-established in 2012 to help cover the costs of Medicare runs and alleviate the deficit in this fund. Residents are already paying toward ambulance service with their property tax payments. It only makes sense to charge non- residents at a slightly higher rate to balance out the cost of service between the two groups. The City’s established rates for 2015 and proposed for 2016 are as follows: 2015 2016 Residents Non- Residents Residents Non- Residents Non-transport $656.00 $754.00 $676.00 $777.00 Basic life support $1,733.00 $1,993.00 $1,785.00 $2,053.00 Advanced life support 1 $2,278.00 $2,620.00 $2,346.00 $2,698.00 Advanced life support 2 $2,513.00 $2,890.00 $2,588.00 $2,976.00 Charge per mile $22.50 $22.50 $23.20 $23.20 Packet Page Number 52 of 150 G8 Budget Impact The additional fees charged to users of the service are needed to support budgeted City expenditures. Recommendation Staff recommends approval of the attached resolution authorizing the above rates for 2016. Attachments Attachment 1: Resolution Adoption of the 2016 Ambulance Rates Packet Page Number 53 of 150 G8, Attachment 1 RESOLUTION ADOPTION OF THE 2016 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, and WHEREAS, city staff has reviewed the ambulance rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated ambulance rates with a 3% increase and an added 15% surcharge on non-resident runs shall become effective beginning January 1, 2016, with rates set as follows: Residents Non-Residents Non-transport $676.00 $777.00 Basic life support $1,785.00 $2,053.00 Advanced life support 1 $2,346.00 $2,698.00 Advanced life support 2 $2,588.00 $2,976.00 Charge per mile $23.20 $23.20 2. The updated ambulance rates are approved for all related ambulance runs received on or after January 1, 2016. 3. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Packet Page Number 54 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Nick Carver, Interim Environmental and Economic Development Director DATE: November 23, 2015 SUBJECT: Approval of Resolution Adopting 2016 Environmental and Economic Development Fees Introduction The city fees are reviewed for adjustment at the end of each year. The fees charged by the Environmental and Economic Development department include fees for building permits and other associated permits, code enforcement abatement fees, planning application fees for zoning/land use applications and restaurant plan review fees. Background The Environmental and Economic Development department fees have had few changes since 2008 when most of the increases were established. The building fees were unchanged from 2009 to 2014. In 2014 EEDD incorporated the Minnesota State Surcharge into the building fee schedule. The 2016 schedule now accurately demonstrates the base fee without the state surcharge. Discussion Staff reviewed all current fees and has submitted some minor adjustments. 1. Added the term Deconstruction to the Demolition category 2. Changed “Re-stamping job site plan sets” to “Re-issue approved plans” 3. Added Draintile as a flat-fee permit 4. Increased “abatements” from $275.00 to $300.00 5. Deleted obsolete fees of On-site Sewer System and Property Owner List 6. Deleted Sheds over 120 sq. ft. but not over 200 sq. ft. from the flat fee schedule 7. Minnesota State Surcharge is in addition to the fee schedule Budget Impacts The adjustments have a minimal increase in revenue. Recommendation Staff recommends approval of the resolution setting the 2016 Building Permit Fees and the 2016 Environmental and Economic Development Fees. Attachments 1. Environmental and Economic Development Fees Resolution 2. 2016 Environmental and Economic Development Fees G9 Packet Page Number 55 of 150 RESOLUTION NO.____ ENVIRONMENTAL AND ECONOMIC DEVELOPMENT FEES WHEREAS, the Maplewood City Council has performed their annual evaluation of the fees charged by the city for building permits, planning reviews and restaurant inspections; WHEREAS, the Maplewood City Council hereby sets the Environmental and Economic Development Fees for building, planning and health related fees as outlined on the fee chart entitled 2016 Environmental and Economic Development Fees; NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt the above mentioned 2016 fee amounts. Maplewood City council _________ this resolution on ___________, 2016. G9, Attachment 1 Packet Page Number 56 of 150 2016 Environmental and Economic Development Fees Building, Planning and Miscellaneous Fees BUILDING FEES Plan Review Fee: When a building permit is required and a plan is required to be submitted, a plan review fee shall be paid. Plan review fees for all buildings shall be sixty five percent (65%) of the building permit fee, except as modified in M.S.B.C. Section 1300. The plan review fees specified are separate fees from the permit fees specified and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee shall be charged at the above rate. Expiration of plan review: Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. TOTAL VALUATION FEE $1.00 to $500.00 $28.05 $501.00 to $2,000.00 $28.05 for the first $500.00 plus $3.62 for each additional $100.00, or fraction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $82.35 for the first $2,000.00 plus $16.42 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $25,001.00 to $50,000.00 $459.92 for the first $25,000.00 plus $11.97 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $50,001.00 to $100,000.00 $759.17 for the first $50,000.00 plus $8.36 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $1,177.17 for the first $100,000.00 plus $6.68 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,849.17 for the first $500,000.00 plus $5.57 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 and up $6,634.17 for the first $1,000,000.00 plus $4.46 for each additional $1,000.00, or fraction thereof Other Inspections and Fees: 1. Inspections outside of normal business hours (minimum 2 hour charge) 2. Re-inspection fees 3. Re-inspection fees from Health Officer on Pools 4. Inspections with no specific fee indicated (minimum ½ hour charge) 5. Interior preparation fee 6. Occupancy permit 7. Replacement of inspection record card 8. Re-issue approved plans 9. Use of outside consultants for plan review, inspections and similar costs *Actual costs include administrative and overhead costs. $100.00 per hour $100.00 per hour $100.00 per hour $100.00 per hour $100.00 $100.00 $ 50.00 $ 50.00 Actual costs* G9, Attachment 2 Packet Page Number 57 of 150 Refund Fee: The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. Investigation Fee: If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be collected. The investigation fee shall be equal to the amount of the permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the city code nor from any penalty prescribed by law. Demolition/Deconstruction Permit Fee: Structures not connected to utilities $ 95.00 Structures connected to city utilities $220.00 Electrical Permit Fee: Minimum fee / one inspection $35.00 All other fees State Fees Administrative fee $ 9.50 Manufactured Home Permit Fee: New installation or replacement $175.00 Mechanical Permit Fee: Residential Minimum fee $40.00 Gas piping – Repair or new installation $40.00 Gas or oil fired furnace or boiler $40.00 Warm air furnace or hot water heating system $40.00 Construction or alt.of any warm air furnace per unit $40.00 Construction or alteration of each hot water system $40.00 Installation or replacement of each hot water system per unit $40.00 Per unit heaters based on first 100,000 BTU input $40.00 Air conditioning – new or replacement $40.00 Wood burning furnace per unit $40.00 Swimming pool heater per unit $40.00 Air exchanger $40.00 Gas or oil space heater per unit $40.00 Gas direct vent heater per unit $40.00 Gas fireplace, Gas log or insert $40.00 In floor Heat system $40.00 Other $40.00 Commercial All commercial work 1.85 % of estimated job cost Plus $78.00 Mechanical plan review 25% of the permit fee Moving Building Permit Fee: Building Relocation $100.00 Investigation fee $100.00/hour G9, Attachment 2 Packet Page Number 58 of 150 Plumbing Permit Fee: Residential Minimum fee (includes one opening) $45.00 Each fixture opening $10.00 Commercial All commercial work 2.15 % of estimated job cost Plus $91.00 Residential Permit Flat Fee: Windows $145.00 Deck $145.00 Residential roofs $145.00 Residential siding $145.00 Draintile $145.00 Above-Ground Pools $145.00 In-Ground Pools $195.00 HEALTH FEES Restaurant Plan Review – Existing $330.00 Restaurant Plan Review – New $685.00 PLANNING FEES Administrative variance $ 500.00 Building Relocation $ 925.00 Comprehensive Plan Amendment $1,650.00* Conditional Use Permit (CUP) $1,650.00* CUP Revision $1,000.00* Final Plat $ 430.00 Front Yard Setback Authorization $ 500.00 Home Occupation $1,385.00 Lot Divisions $ 500.00* Planned Unit Development $2,735.00* Preliminary Plat $2,050.00 Prelim inary Plat Revision or Extension $ 990.00 Public Vacation $1,200.00* Rezoning $1,650.00* Variance $1,385.00* Woodlot Alteration Permit $ 375.00 Community Design Review Commercial/Multi-family $1,650.00 Minor Construction $ 500.00 Residential $ 500.00 Revision $ 500.00 Comprehensive Sign Plan $ 500.00 *plus $46 for county recording fee G9, Attachment 2 Packet Page Number 59 of 150 TAX-EXEMPT AND TAX INCREMENT FINANCING FEES Tax-Exempt Mortgage Revenue Financing – Commercial Amt paid with application (non-refundable)1 $3,400.00 Base charge (% of bond issue) 1% Maximum (in addition to application fee) $28,600.00 Tax-Exempt Mortgage Revenue Financing – Residential (multiple-family dwellings): Amt paid with application (non-refundable)1 $3,400.00 Base charge (% of bond issue) 1% Maximum (in addition to application fee) $28,600.00 Tax Increment Financing: Application Fee (non-refundable) $6,760.00 1No application fee on refinancing bonds. SIGN PERMITS Billboard $500.00 Dynamic Display Sign $175.00 Freestanding Sign $175.00 Temporary Sign $ 45.00 Wall Sign $110.00 MISCELLANEOUS SERVICE FEES Abatement Fee $300.00 Contractor License $130.00 Trash Hauling Exemption $ 35.00 Tree replacement fee for trees that cannot be replaced $ 60.00 per caliper inch Truth-in-Housing Evaluator License $130.00 Truth-in-Housing Filing Fee $ 30.00 Zoning Compliance Letter $100.00 G9, Attachment 2 Packet Page Number 60 of 150 G10 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: November 18, 2015 SUBJECT: Approval of a Temporary Lawful Gambling – Local Permit for the East Side Area Business Association (ESABA) Introduction An application for a temporary Lawful Gambling – Local permit was submitted by Melissa Donald on behalf of the East Side Area Business Association (ESABA) on Tuesday, November 17, 2015. The permit was to be used at the Maplewood Community Center (2100 White Bear Avenue N) for the organization’s Annual Gala on Thursday, December 3, 2015. In addition, the applicant has also submitted an Application for Exempt Permit, which is required by MN Statute §349.166, and processed and approved by the Minnesota Gambling Control Board. MN Statute §349.166 also requires that the applying organization notify the local government unit 30 days before the lawful gambling occasion, or 60 days for an occasion held in a city of the first class. Recommendation Staff recommends that Council approve the Lawful Gambling – Local Permit for the East Side Area Business Association’s Annual Gala on December 3, 2015 at 2100 White Bear Avenue N, 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 61 of 150 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 62 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer II DATE: November 10, 2015 SUBJECT: Beebe Road Street Improvements, City Project 13-10 a. Public Hearing 7:00 pm b. Consider Approval of Resolution Ordering Improvement after Public Hearing (4 votes) Introduction The public hearing for this project has been scheduled for 7:00 p.m., Monday, November 23, 2015. Notices of the public hearing have been mailed and published. The feasibility study was accepted by the City Council on November 9, 2015 with a resolution authorizing the preparation of plans and specifications, and calling for a public hearing. The City Council will consider ordering the improvement following the public hearing. A supermajority vote is required to order to the project. Background/Discussion The Beebe Road Street Improvement project, City Project 13-10, is scheduled for street and utility improvements in 2016 according to the 2016-2020 Maplewood Capital Improvement Plan (CIP). On August 26, 2013 the City Council ordered the preparation of the feasibility study. Prior to the completion of the feasibility study, the Beebe Road Street Improvements project was delayed until the 2016 construction season due to reprioritization of projects as part of the annual CIP update process. The aging and deteriorating condition of Beebe Road lying north of Larpenteur Avenue and south of Holloway Avenue (see attached project location map) presents an ongoing maintenance problem for the City of Maplewood Street Department. The condition of the existing street also represents a decreased level of service for the residents of Maplewood, with the City receiving numerous complaints from area residents about substandard street conditions. Beebe Road has an overall length of approximately 0.5 miles with an average PCI rating of 13. The average Pavement Condition Index (PCI) method was used to determine the condition of the existing street. The PCI rating is based on a visual survey of the pavement and results in a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being a newly constructed road. The proposed project is focused primarily on fixing the condition of the bituminous pavement. Staff is recommending reclaiming the top 10 inches of the street section. By reclaiming, grinding, the top 10 inches of the street section, the crushed bituminous is blended with the underlying aggregate to form new base material to support the road. After the road has been reclaimed and excess material removed, the road base will be reshaped to provide adequate drainage. The new base material will be compacted and a new bituminous pavement surface will be installed. H1 Packet Page Number 63 of 150 The feasibility study found that the project is feasible, necessary, and cost effective from an engineering standpoint and the City Council approved and accepted the document on November 9, 2015. This first Public Hearing is the meeting in which the residents have the opportunity to comment on the project. In order to proceed with the project a super majority vote of the council is needed for ordering of the improvement after public testimony is received. Budget The total project cost is estimated at $1,522,296. On November 9, 2015 the finance director was authorized by the City Council to make the financial transfers necessary to implement the financing plan for the project. A project budget of $1,522,296 was established. The approved financing plan is as follows and shall be implemented: Similar to past practice and policy, the City has hired an independent appraisal firm to ascertain an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to set the special benefit assessment amounts for the project area. For the purposes of the feasibility report, the rates established in the City’s Special assessment policy were utilized. • Residential o Pavement Rehabilitation / Replacement Rate = $3,450/unit • Commercial / Multi-Family o Commercial /Multi-Family Special Benefit Assessment Rates = $69 Per Linear Foot There are a total of 66 assessable residential and commercial/multi-family parcels within the project area. Property owners will be notified by mail of the final assessment amount prior to the Assessment Hearing. The Assessment Hearing will be held early in 2016 to specifically address the proposed assessments. Recommendation It is recommended that the City Council hold a Public Hearing and Consider Approval of the Resolution Ordering the Improvement for the Beebe Road Street Improvements, City Project 13-10. (Four affirmative votes are required to approve this resolution). Attachments 1. Resolution Ordering Improvement 2. Feasibility Report Executive Summary 3. Location Map FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $217,846 14% SANITARY SEWER FUND $173,896 11% ENVIRONMENTAL UTILITY FUND $86,790 6% SPECIAL BENEFIT ASSESSMENT BONDS $302,944 20% St. Paul W.A.C. FUND $7,910 0.5% State Aid FUNDS $725,000 48% St. Paul Water $7,910 0.5% TOTAL FUNDING $1,522,296 100% ESTIMATED PROJECT COST RECOVERY H1 Packet Page Number 64 of 150 RESOLUTION ORDERING IMPROVEMENT WHEREAS, a resolution of the City Council adopted the 9th day of November 2015, fixed a date for a council hearing on the proposed street improvements for the Beebe Road Street Improvements, City Project 13-10. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 23, 2015, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Beebe Road Street Improvements, City Project 13-10. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 23rd day of November, 2015. 3. The City Engineer, or his designee, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the November 9, 2015 council meeting. 4. The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the City Council at the November 9, 2015 council meeting. A project budget of $1,522,296 was established. The approved financing plan is as follows and shall be implemented: Approved this 23rd day of November 2015. FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $217,846 14% SANITARY SEWER FUND $173,896 11% ENVIRONMENTAL UTILITY FUND $86,790 6% SPECIAL BENEFIT ASSESSMENT BONDS $302,944 20% St. Paul W.A.C. FUND $7,910 0.5% State Aid FUNDS $725,000 48% St. Paul Water $7,910 0.5% TOTAL FUNDING $1,522,296 100% ESTIMATED PROJECT COST RECOVERY H1, Attachment 1 Packet Page Number 65 of 150 iv BEEBE ROAD STREET IMPROVEMENTS CITY PROJECT 13-10 EXECUTIVE SUMMARY Project Summary This feasibility report has been prepared for the Beebe Road Street Improvements, City of Maplewood Project 13-10. The above referenced street totals approximately 0.5 miles in length. The proposed improvements include the following: 1) Reclamation of Beebe Road within the project limits. Sub-grade repairs in areas of failure as necessary to support the new street section. 2) Removal and replacement of structurally deficient sections of concrete curb and gutter. 3) Replacement of outdated sanitary sewer castings. 4) Replacement of damaged storm sewer castings. 5) Replacement of pedestrian curb ramps as necessary. 6) Minor repairs or lining of underground utilities as needed. 7) Sanitary sewer lining in select areas of the City. 8) Neighborhood bituminous fog seal. 9) Installation of an 8-foot bituminous walk along the east side of Beebe Road. Project Cost The estimated project cost is $1,522,296 and is outlined as follows: PROPOSED IMPROVEMENTS TOTAL AMOUNT % OF TOTAL PROJECT STREET IMPROVEMENTS 1,245,791$ 81.8% DRAINAGE IMPROVEMENTS 86,790$ 5.7% SANITARY SEWER IMPROVMENTS 173,896$ 11.4% WATER SYSTEM IMPROVEMENTS 15,819$ 1.0% TOTAL ESTIMATE OF PROJECT COSTS $1,522,296 100% The estimated costs includes 20% contingencies and 31.5% overhead, which include engineering, administrative, legal, and fiscal expenses. H1, Attachment 2 Packet Page Number 66 of 150 v Proposed Financing The improvements are proposed to be financed through a combination of special assessments to the benefiting properties, the Sanitary Sewer Fund, the Environmental Utility Fund, St. Paul W.A.C. funds, Saint Paul Water funds, State Aid funds, and G.O. Improvement Bonds. The following is a summary of the estimated financing for the proposed project. Schedule The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study 11/09/2015 Order public hearing 11/09/2015 Public hearing 11/23/2015 Authorize preparation of plans and specifications 11/23/2015 Approve plans and specifications/Authorize advertisement for bids 2/8/2016 Bid date 3/9/2016 Assessment hearing 3/14/2016 Accept bids/award contract 3/14/2016 Begin construction May 2016 Complete construction September 2016 Assessments certified to Ramsey County November 2016 FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $217,846 14% SANITARY SEWER FUND $173,896 11% ENVIRONMENTAL UTILITY FUND $86,790 6% SPECIAL BENEFIT ASSESSMENT BONDS $302,944 20% St. Paul W.A.C. FUND $7,910 1% State Aid FUNDS $725,000 48% St. Paul Water $7,910 1% TOTAL FUNDING $1,522,296 100% ESTIMATED PROJECT COST RECOVERY H1, Attachment 2 Packet Page Number 67 of 150 H1, Attachment 3 Packet Page Number 68 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Steven Love, Assistant City Engineer Jon Jarosch, Civil Engineer II DATE: November 10, 2015 SUBJECT: Lakewood-Sterling Area Street Improvements, City Project 15-11 a. Public Hearing 7:00 pm b. Consider Approval of Resolution Ordering Improvement after Public Hearing (4 votes) Introduction The public hearing for this project has been scheduled for 7:00 p.m., Monday, November 23, 2015. Notices of the public hearing have been mailed and published. The feasibility study was accepted by the City Council on November 9, 2015 with a resolution authorizing the preparation of plans and specifications, and calling for a public hearing. The City Council will consider ordering the improvement following the public hearing. A supermajority vote is required to order the project. Background/Discussion The Lakewood/Sterling Area Street Improvements project, City Project 15-11 consists of two separate areas. The Lakewood area, which is being referred to as Area #1, consists of the streets shown on the attached Project Location Map lying north of Carver Avenue and south of Highwood Avenue. These streets are part of the City’s work plan as a result of the adoption of the Gas Franchise Fee. The Sterling Street Area, which is being referred to as Area #2, consists of that part of Sterling Street shown on the attached Project Location Map lying north of Linwood Avenue and south of Londin Lane. This portion of Sterling Street is scheduled for street improvements in 2016 according to the 2016-2020 Maplewood Capital Improvement Plan (CIP). On July 27, 2015 the City Council ordered the preparation of the feasibility study. The aging and deteriorating condition of roads shown on the project location maps for Area #1 and Area #2 presents an ongoing maintenance problem for the City of Maplewood Street Department. The condition of the existing streets also represents a decreased level of service for the residents of Maplewood, with the City receiving numerous complaints from area residents about substandard street conditions. The average Pavement Condition Index (PCI) method was used to determine the condition of existing streets within both project areas. The PCI rating is based on a visual survey of the pavement and results in a number between 0 and 100, with 0 being the worst possible pavement condition and 100 being a newly constructed road. The streets in Area #1 have an overall length of approximately 1.73 miles with an average PCI rating of 15. The streets in Area #2 have an overall length of approximately 0.83 miles with an average PCI rating of 38. The proposed project for both areas is focused primarily on fixing the condition of the bituminous pavement. Staff is recommending reclaiming the top 8 inches of the street section. By reclaiming, grinding, the top 8 inches of the street section, the crushed bituminous is blended with the underlying H2 Packet Page Number 69 of 150 aggregate to form new base material to support the road. After the road has been reclaimed and excess material removed, the road base will be reshaped to provide adequate drainage. The new base material will be compacted, and a new bituminous pavement surface will be installed. The feasibility study found that the project is feasible, necessary, and cost effective from an engineering standpoint and the City Council approved and accepted the document on November 9, 2015. This first Public Hearing is the meeting in which the residents have the opportunity to comment on the project. In order to proceed with the project a super majority vote of the council is needed for ordering of the improvement after public testimony is received. Budget The estimated project cost for Area #1 is $1,334,742 and $752,947 for Area #2. The total estimated project cost for both areas is $2,087,689. The approved financing plan is as follows and shall be implemented: The proposed project funding for Area #1 is approximately $200,000 less the estimated project cost. The proposed project will be designed with bid alternate options in order to hold to the proposed project budget, available funding, and maximize the use of the gas franchise fee funds. This allows the City to adjust the scope of improvements to conform to budgetary constraints while maximizing the work completed. In essence, this would allow the bids to be received and the city can choose the design based on the cost it is comfortable with in order to proceed. The proposed project budget for Area # 2 is approximately $83,000 above the approved 2016-2020 CIP funding plan. This difference is covered by additional special benefit assessments. This allows the G.O. Improvement Bonds to remain approximately the same to the approved 2016-2020 CIP funding plan. FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT GAS FRANCHISE FEE FUND $520,000 46% SPECIAL BENEFIT ASSESSMENT $529,575 47% ENVIRONMENTAL UTILITY FUND $26,189 2% SANITARY SEWER FUND $47,535 4% ST PAUL W.A.C. FUND $14,117 1% AREA #1 FUNDING $1,137,417 100% FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $368,760 49% SPECIAL BENEFIT ASSESSMENT $312,475 42% ST. PAUL WATER $4,757 1% ST. PAUL W.A.C. FUND $4,757 1% ENVIRONMENTAL UTILITY FUND $43,648 6% SANITARY SEWER FUND $18,550 2% AREA #2 FUNDING $752,947 100% TOAL PROJECT FUNDING $1,890,364 ESTIMATED PROJECT COST RECOVERY (LAKEWOOD AREA) (STERLING AREA) AREA #1 AREA #2 H2 Packet Page Number 70 of 150 An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. This information will ultimately be utilized to set the special benefit assessment amounts for the project area. For the purposes of the feasibility report, the rates established in the City’s Special Assessment Policy were utilized. • Residential o Pavement Rehabilitation / Replacement Rate = $3,450/unit • Commercial / Multi-Family o Commercial /Multi-Family Special Benefit Assessment Rates = $69 Per Linear Foot There are a total of 243 assessable residential and commercial/multi-family parcels within the project area. Of the total assessable residential properties 142 are in Area #1 and 101 are in Area #2. Recommendation It is recommended that the City Council hold a Public Hearing and Consider Approval of the Resolution Ordering the Improvement for the Lakewood-Sterling Area Street Improvements, City Project 15-11. (Four affirmative votes are required to approve this resolution). Attachments 1. Resolution Ordering Improvement 2. Feasibility Report Executive Summary 3. Location Map H2 Packet Page Number 71 of 150 RESOLUTION ORDERING IMPROVEMENT WHEREAS, a resolution of the City Council adopted the 9th day of November 2015, fixed a date for a council hearing on the proposed street improvements for the Lakewood-Sterling Area Street Improvements, City Project 15-11. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 23, 2015, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Lakewood-Sterling Area Street Improvements, City Project 15-11. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 23rd day of November, 2015. 3. The City Engineer, or his designee, is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications as previously directed by the City Council at the November 9, 2015 council meeting. 4. The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the City Council at the November 9, 2015 council meeting. A project budget of $1,890,364 was established. The approved financing plan is as follows and shall be implemented: Approved this 23rd day of November 2015. FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT GAS FRANCHISE FEE FUND $520,000 46% SPECIAL BENEFIT ASSESSMENT $529,575 47% ENVIRONMENTAL UTILITY FUND $26,189 2% SANITARY SEWER FUND $47,535 4% ST PAUL W.A.C. FUND $14,117 1% AREA #1 FUNDING $1,137,417 100% FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $368,760 49% SPECIAL BENEFIT ASSESSMENT $312,475 42% ST. PAUL WATER $4,757 1% ST. PAUL W.A.C. FUND $4,757 1% ENVIRONMENTAL UTILITY FUND $43,648 6% SANITARY SEWER FUND $18,550 2% AREA #2 FUNDING $752,947 100% TOAL PROJECT FUNDING $1,890,364 ESTIMATED PROJECT COST RECOVERY (LAKEWOOD AREA) (STERLING AREA) AREA #1 AREA #2 H2, Attachment 1 Packet Page Number 72 of 150 iv LAKEWOOD/STERLING AREA STREET IMPROVEMENTS CITY PROJECT 15-11 EXECUTIVE SUMMARY CRESTVIEW COURT,LAKEWOOD DRIVE,MAMIE AVENUE,MARNIE COURT,MARY PLACE, MORELAND COURT,OAK HEIGHTS CT., SCHADT DRIVE,SNOWSHOE COURT, SNOWSHOE LANE, AND STERLING STREET Project Summary This feasibility report has been prepared for the Lakewood/Sterling Area Street Improvements, City of Maplewood Project 15-11. The above referenced streets total approximately 2.56 miles in length. The proposed improvements include the following: 1) Reclamation of all project streets. Sub-grade repairs in areas of failure as necessary to support the new street section. 2) Removal and replacement of damaged sections of concrete curb and gutter and integral driveway aprons. 3) Replacement of outdated sanitary sewer castings. 4) Replacement of damaged storm sewer castings. 5) Replacement of pedestrian curb ramps as necessary. Project Cost The estimated total project cost is $2,087,689 and is outlined as follows: PROPOSED IMPROVEMENTS TOTAL AMOUNT % OF AREA #1 STREET IMPROVEMENTS 1,246,900$ 93% DRAINAGE IMPROVEMENTS 26,189$ 2% SANITARY SEWER IMPROVMENTS 47,535$ 4% WATER SYSTEM IMPROVEMENTS 14,118$ 1% AREA #1 TOTAL $1,334,742 100% PROPOSED IMPROVEMENTS TOTAL AMOUNT % OF AREA #2 PROJECT STREET IMPROVEMENTS 681,235$ 91% DRAINAGE IMPROVEMENTS 43,648$ 6% SANITARY SEWER IMPROVMENTS 18,550$ 2% WATER SYSTEM IMPROVEMENTS 9,514$ 1% AREA #2 TOTAL $752,947 100% TOTAL ESTIMATED PROJECT COST $2,087,689 ESTIMATED PROJECT COST SUMMARY (LAKEWOOD AREA) AREA #1 AREA #2 (STERLING AREA) H2, Attachment 2 Packet Page Number 73 of 150 v The estimated costs includes 10% contingencies and 24% overhead, which include engineering, administrative, legal, and fiscal expenses. Proposed Financing The improvements are proposed to be financed through a combination of special assessments to the benefiting properties, Gas Franchise Fees, the Sanitary Sewer Fund, the Environmental Utility Fund, St. Paul W.A.C. funds, St. Paul Water funds, and G.O. Improvement Bonds. The following is a summary of the estimated financing for the proposed project. Schedule The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study 11/09/2015 Order public hearing 11/09/2015 Public hearing 11/23/2015 Authorize preparation of plans and specifications 11/23/2015 Approve plans and specifications/Authorize advertisement for bids 1/25/2016 Bid date 2/17/2016 Assessment hearing 2/22/2016 Accept bids/award contract 2/22/2016 Begin construction May 2016 Complete construction September 2016 Assessments certified to Ramsey County November 2016 FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT GAS FRANCHISE FEE FUND $520,000 46% SPECIAL BENEFIT ASSESSMENT $529,575 47% ENVIRONMENTAL UTILITY FUND $26,189 2% SANITARY SEWER FUND $47,535 4% ST. PAUL W.A.C. FUND $14,117 1% AREA #1 FUNDING $1,137,417 100% FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT G.O. IMPROVEMENT BONDS $368,760 49% SPECIAL BENEFIT ASSESSMENT $312,475 42% ST. PAUL WATER $4,757 1% ST. PAUL W.A.C. FUND $4,757 1% ENVIRONMENTAL UTILITY FUND $43,648 6% SANITARY SEWER FUND $18,550 2% AREA #2 FUNDING $752,947 100% TOAL PROJECT FUNDING $1,890,364 ESTIMATED PROJECT COST RECOVERY (LAKEWOOD AREA) (STERLING AREA) AREA #1 AREA #2 H2, Attachment 2 Packet Page Number 74 of 150 H2, Attachment 3 Packet Page Number 75 of 150 MEMORANDUM TO: City Council FROM: H. Alan Kantrud, General Counsel DATE: November 17, 2015 SUBJECT: Public Hearing Regarding Cable Television Franchise for Qwest Broadband Services d/b/a CenturyLink to Provide Cable Communications Services Introduction Council authorized Staff to advertise and publish its intent to franchise for cable services in August 2015 using the statutory procedure laid out in Chapter 238 of the Minnesota Statutes. The City received an application from Qwest Broadband Services d/b/a CenturyLink, which was the only application received by the City. State Statute now calls for a public hearing regarding the application prior to the adoption/granting of the actual franchise. Background By publishing its intent to award a competitive cable franchise in Maplewood, the City became bound to a process that calls for certain procedures to be followed prior to the actual award of a franchise to a cable operator. Minnesota Statutes Chapter 238, §238.081 Subd. 6 reads: A public hearing before the franchising authority affording reasonable notice and a reasonable opportunity to be heard with respect to all applications for the franchise must be completed at least seven days before the adoption of a franchise ordinance. Staff has reviewed the application and attendant submittals and finds them to be complete and thus a public hearing is warranted. The City has previously noticed that a hearing would be on or after October 12, 2015 and notice for the hearing this evening was published in the Lillie News with specific notice provided to both Comcast and CenturyLink directly. Discussion As the agenda title implies, the Council is being asked to hold the statutory public hearing on the franchise application submitted by CenturyLink. This is an opportunity for questions or comments by the public on the application. It is then CenturyLink's opportunity to summarize its application and respond to any such questions. Further, it is an opportunity for Comcast to provide any comment as well since this is a, “competitive,” franchise being considered in a City that has never had a competitive cable operator. The Hearing is conducted as any other with a simple opening and call for public comments. Once closed the record is complete with respect to the application submitted. Staff will then H3 Packet Page Number 76 of 150 2 incorporate any comments into its negotiations with the Applicant and bring forward a Franchise Agreement at the Council’s December 14th meeting for consideration. Recommendation It is recommended that the City Council hold the noticed Public Hearing regarding the application of CenturyLink to provide Cable Communication Services in the City of Maplewood. H3 Packet Page Number 77 of 150 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 78 of 150 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager Paul P. Schnell, Director of Public Safety DATE: November 23, 2015 SUBJECT: Consider Approval of City Prosecutor Contract with Kelly & Lemmons Introduction The Campbell-Knutson law firm has been serving as Maplewood’s City Prosecutor since February 2015. At the September 14, 2015, City Council meeting, Mr. Elliott Knetsch from Campbell-Knutson presented a summary of prosecution cases since their firm took over as the City’s prosecutor. Subsequently, we met with Mr. Knetsch to discuss compensation and what the contract called for based on the number of cases, the outcomes being sought, and the demands placed on the firm due to Ramsey County District Court case calendaring protocols. Background In January of 2015, the Maplewood City Council approved an agreement between the City and the Campbell-Knutson law firm to serve as Maplewood’s City Prosecutor. The agreement called for Campbell-Knutson to be paid $9,000.00 per month ($108,000.00/year), plus expenses, in accordance with their proposal. Following the September 14, 2015 meeting of the City Council at which Campbell-Knutson’s workload and monthly fee for service were discussed, staff met with Mr. Knetsch. While it is the Campbell-Knutson firm’s strong desire to continue serving as Maplewood’s prosecutor, they report that it is not economically viable at the present contract rate of $9,000.00/month, plus expenses. Mr. Knetsch reported that Campbell-Knutson would need to be paid $15,000.00 per month, plus expenses, beginning on or about January 2016 in order to continue providing prosecution services. It should be noted that in accordance with the contract the City may terminate the agreement without cause by resolution of the Council. The contract further provides that the prosecution firm may terminate the agreement at any time with 30 days written notice. Police staff has provided favorable feedback regarding the services provided by Campbell-Knutson. At the November 9th Council Meeting staff suggested three options for the City Council to consider, including: • Option 1: Establish an updated agreement between Campbell-Knutson and the City reflecting the requested monthly contract rate of $15,000.00 per month, plus expenses ($180,000.00 annually, plus expenses). • Option 2: Re-engage previous RFP respondents to assess whether they will provide the services for the cost submitted in their proposal. It should be noted that the competing firms would need to be contacted to verify that their previous bids would remain the I1 Packet Page Number 79 of 150 same and that they understand the requirements and work load. References should also be re-checked. o Kelly & Lemmons provided the next lowest cost proposal at $11,000.00 per month, plus expenses ($132,000 annually, plus expenses). o The third lowest contract proposal (from the three finalists) was submitted by Geck, Duea and Olson at a proposed monthly fee of $13,000, inclusive of expenses ($156,000.00 annually). • Option 3: Negotiate a short-term contract extension with Campbell-Knutson and reissue the Request for Proposal for prosecution services. Council Direction At the November 9th City Council meeting, the Council discussed the three Options and voted to direct the City Manager and Director of Public Safety to engage with the firm who provided the next highest proposal for purposes of forging an agreement for review and approval of the City Council. That firm was Kelly & Lemmons. Staff Follow up Staff met with the Attorneys from Kelly & Lemmons and discussed contract terms, workload and other operational issues. Public Safety Director Schnell outlined his preferences for how workload and case characteristics would be reported and administrative functions were also reviewed and agreed upon. They have agreed to begin work on November 30th as requested by Campbell Knutson. Budget Impact Kelly & Lemmons has agreed to provide prosecution services at the amount of $11,000 per month which increases the City’s prosecution cost by $24,000.00 for 2016. Recommendation It is recommended that the City Council review and consider the attached Contract for Services with Kelly & Lemmons for City Prosecution Services. Attachments 1. Proposed Contract with Kelly & Lemmons I1 Packet Page Number 80 of 150 AGREEMENT FOR LEGAL SERVICES BETWEEN THE CITY OF MAPLEWOOD AND KELLY & LEMMONS, P.A. THIS AGREEMENT, effective November 23, 2015, is by and between the CITY OF MAPLEWOOD, a Minnesota municipal corporation (“City”) and KELLY & LEMMONS, P.A., a Minnesota corporation (“Attorney”). NOW, THEREFORE, in consideration of the mutual undertakings herein, the parties hereto agree as follows: 1. SERVICES AND RELATIONSHIP. A. Attorney shall furnish and perform criminal prosecution and related legal services for the City beginning December 1, 2015. B. Attorney shall be engaged as an independent contractor and not as a City employee. The Attorney is free to contract with other entities. 2. TERM. A. Attorney shall serve at the pleasure of the City Council, and this Agreement may be terminated without cause by resolution of the City Council. B. Attorney may terminate this Agreement at any time, provided that Attorney shall provide the City ninety (90) days written notice before the termination becomes effective or sooner if the parties so-agree in writing. 3. PAYMENT. A. Criminal Prosecution: City agrees to pay to Attorney a retainer in the amount of $11,250.00 per month ($135,000.00 annually) for the month of December 2015 and calendar years 2016, 2017, and 2018. The retainer is subject to an annual increase of two percent (2%) effective I1, Attachment 1 Packet Page Number 81 of 150 January 1 of each calendar year beginning with CY2019. The following fees and costs/expenses are included in the retainer: 1. All attorney and paralegal fees related to prosecution, including court appearances, appeals, DWI forfeitures, the hiring of conflict attorneys, in-service training, office hours, code enforcement (including administrative citations and prosecution of ordinance violations), and administrative work are included in the retainer. 2. All costs and expenses, including but not limited to filing fees, mileage, postage, and photocopies are included in the retainer except as provided in paragraph C below. B. Hourly Rates: Attorney will send City a monthly billing statement of the actual hours incurred in providing prosecution legal services. The minimum billing increment is .25 hour. Attorneys will bill at the hourly rate of $100.00 per hour. C. Costs/Expenses Not Included in Criminal Prosecution Retainer: All legal fees are included in the criminal prosecution retainer. Court reporter fees, expert witnesses, and costs related to an appeal are not included in the retainer. Attorney will not incur any of these additional costs without first obtaining written approval from City. D. Payments for legal services provided to the City shall be made in the manner provided by law. The City will normally pay for services within thirty (30) days of receipt of a statement for services rendered. 4. INSURANCE. Attorney will maintain legal malpractice insurance in the amount of $1,000,000.00 per occurrence and $3,000,000.00 aggregate minimum coverage with the City clearly indicated as an additional insured. I1, Attachment 1 Packet Page Number 82 of 150 5. MISCELLANEOUS. A. Quarterly Presentation. Attorney will attend a City Council meeting quarterly, or more often at the request of the City, to present a report of prosecution activity. B. Monthly Reports. Attorney will provide the City monthly written reports on prosecution activity, including summary data on the number of cases presented, charging decisions, declinations, and dispositions. C. Governing Law. This Agreement shall be governed by the laws of the State of Minnesota. D. Assignment. Attorney may not assign or refer any of the legal services to be performed hereunder without the written consent of the Maplewood City Council. City Council consents to allow prosecuting attorneys not with the law firm of Kelly & Lemmons, P.A. to cover in-custody arraignment calendars at the Ramsey County Law Enforcement Center. E. Effective Date. This Agreement shall become effective upon its execution by the City and the Attorney. This Agreement shall not be modified or amended without the approval in writing of the Maplewood City Council. Dated: November 23, 2015. CITY OF MAPLEWOOD BY: __________________________________ Nora Slawik, Mayor AND _________________________________ Melinda Coleman, City Manager I1, Attachment 1 Packet Page Number 83 of 150 Dated: ______________, 2015. KELLY & LEMMONS, P.A. BY: __________________________________ Kevin M. Beck, Vice President I1, Attachment 1 Packet Page Number 84 of 150 AGENDA REPORT TO: Melinda Coleman, City Manager FROM: Paul Schnell, Chief of Police SUBJECT: Approval of Resolution with the Bureau of Criminal Apprehension on Behalf of City Attorney – Prosecution. DATE: November 23, 2015 Introduction With the anticipated change to Kelly & Lemmons, P.A. for City Attorney – Prosecution Services there is a need for a resolution to provide Bureau of Criminal Apprehension for access to criminal justice data networks and e-Charging. City Council approval is needed to enter into this Agreement. Background In April 2015 the Council approved a new Joint Powers Agreement with the Bureau of Criminal Apprehension must be signed for the City Attorney – Prosecution Services to continue receiving access to criminal justice data communications from not only the State of Minnesota but also, through the BCA, the FBI National Crime Information Center. Access to this information is required for the prosecutor to perform their duties and utilize e-Charging. The attached Resolution makes Joseph A. Kelly, of Kelly & Lemmons, P.A., or his successor the Authorized Representative. This Joint Powers Agreement will be in effect for five years. Budget Impact There is no change in our cost for this new five-year Agreement. Recommendation It is recommended that City Council approval be given to enter into this Joint Powers Agreement with the Bureau of Criminal Apprehension on behalf of the City Attorney – Prosecution Services. Action Required Approval to execute resolution. Attachments Resolution approving State of Minnesota Joint Powers Agreements with the City of Maplewood on Behalf of its City Attorney. FOR THE PERMANENT RECORD Meeting Date: 11/23/2015 Agenda Item: I2 RESOLUTION NO. ____________ RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MAPLEWOOD ON BEHALF OF ITS CITY ATTORNEY WHEREAS, the City of Maplewood on behalf of its Prosecuting Attorney desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreement further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Maplewood, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Maplewood on behalf of its Prosecuting Attorney, are hereby approved. Copies of the Joint Powers Agreement is attached to this Resolution and made part of it. 2. That the Maplewood City Prosecutor, Joseph A. Kelly (of Kelly and Lemmons, P.A.), or his or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to-the systems and tools offered by the State. · To assist the Authorized Representative with the administration of the agreement, Kevin M. Beck is appointed as the Authorized Representative's designee. 3. That Nora Slawik, the Mayor for the City of Maplewood and Melinda Coleman, the City Manager, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 23rd day November, 2015. City of Maplewood By: Nora Slawik Its Mayor Attest: _________________________ By: Melinda Coleman Its City Manager FOR THE PERMANENT RECORD Meeting Date: 11/23/2015 Agenda Item: I2 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: November 13, 2015 SUBJECT: Consider Approval of Resolution for 2016 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine Introduction All city issued liquor licenses are due to expire on December 31, 2015. The following license holders have been notified of the renewal requirement, and are eligible to renew their licenses contingent upon the receipt of their completed license renewal application, required fees and insurance policies. Budget Impact None Recommendation It is recommended that Council approve the Resolution for 2016 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine Attachments 1. Resolution for 2016 Annual Liquor License Renewals for Club, Off-Sale, On-Sale, and Wine Packet Page Number 85 of 150 J1, Attachment 1 RESOLUTION 2016ANNUAL LIQUOR LICENSE RENEWALS FOR CLUB, OFF-SALE, ON-SALE AND WINE RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2016, with approvals granted herein subject to satisfactory results of required Police, Fire, health inspections, and required documentation submitted: Off-Sale 3.2 Beer Licenses Cub Foods #30244 100 County Road B West Cub Foods #31264 2390 White Bear Avenue Maplewood Kwik Mart 2150 McMenemy Street North Rainbow Foods #7300 2501 White Bear Avenue SuperAmerica #4022 1750 White Bear Avenue SuperAmerica #4089 11 Century Avenue South Off-Sale Intoxicating Liquor Licenses 61 Liquors 2700 Maplewood Dr North A-1 Liquor 19 Century Avenue North Big Discount Liquor 2515 White Bear Avenue Costco Wholesale #1021 1431 Beam Avenue East Cub Discount Liquor 100 West County Road B Heritage Liquor LLC 1347 Frost Avenue Maddie’s Liquor 1690 McKnight Road North Maplewood Wine Cellar 1281 Frost Avenue Merwin Liquors 1700-D Rice Street MGM Liquor Warehouse 2950 White Bear Avenue Party Time Liquor 1835 East Larpenteur Avenue Princess Liquor ‘n Tobacco 2728 Stillwater Road Sarrack’s Int’l. Wine & Spirits 2305 Stillwater Road White Bear Liquor & Wine 2223 White Bear Avenue On-Sale 3.2 Beer Licenses Chipotle Mexican Grill #1438 3095 W hite Bear Ave North On-Sale Club License Maplewood Moose Lodge #963 1946 English Street Packet Page Number 86 of 150 J1, Attachment 1 On-Sale Intoxicating Liquor Licenses 5-8 Tavern & Grill 2289 Minnehaha Avenue Acapulco Mexican Restaurant 3069 White Bear Avenue Aramark 2350 Minnehaha Avenue East Bleechers Bar & Grill 2220 White Bear Avenue Buffalo Wild Wings #118 3085 White Bear Avenue Chili’s Grill & Bar #224 1800 Beam Avenue Chipotle Mexican Grill #224 2303 White Bear Avenue Tiki Hut 1820 Rice Street North Goodrich Golf Course 1820 North Van Dyke Guldens Roadhouse 2999 North Highway 61 Jake’s City Grille 1745 Beam Avenue East Jammin’ Wings 1900 County Road D East Lancer Catering at Keller Golf Course 2166 Maplewood Drive North McCarron’s Pub and Grill 1986 Rice Street N Myth 3090 Southlawn Drive North Olive Garden #1200 1749 Beam Avenue Osaka Sushi & Hibachi 1900 County Road D E Outback Steakhouse #2412 1770 Beam Avenue Red Lobster #0283 2925 White Bear Avenue Stargate Dance Club 1700 Rice Street, Suite J T.G.I. Friday’s #0472 3087 White Bear Avenue The Dog House Bar & Grill 2029 Woodlynn Avenue East The Ponds at Battle Creek 601 Century Avenue South On-Sale Wine/Strong Beer Licenses Bambu Asian Cuisine 1715-A Beam Avenue Noodles & Company 2865 White Bear Avenue Taste of India 1745 Cope Avenue East Packet Page Number 87 of 150 J2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Gayle Bauman, Finance Director Steve Lukin, Fire Chief DATE: November 17, 2015 SUBJECT: Consider Approval of User Service Charges for Fire and EMS Services Introduction Staff is asking the City Council to explore the idea of charging for additional items such as auto extrications, vehicle fires, lift assists, non-transport calls and gas line hits to assist with funding the costs realized by our Fire and EMS staff. Background City staff has been exploring the idea of charging for additional items such as auto extrications, vehicle fires, lift assists, non-transport calls and gas line hits. The thought is to recoup fees for services that are currently being provided at no charge and to assess fees for extraordinary or intentional events. Staff is proposing the following: $500 for a vehicle accident. Potential new revenue - $25,000. Any incident response to an accident involving a motor vehicle where the Fire Department is able to render aid, provide assistance, or otherwise improve the conditions of the patients. This would include but not be limited to: extrication, fire, absorbing liquid spills, vehicle system safety, vehicle stabilization and traffic control. An invoice for $500 would be sent to the motor vehicle owner or owner’s insurance company. If there is more than one motor vehicle involved for which Fire Department service was provided, each motor vehicle owner or insurer will be invoiced at the $500 service charge. $200 for an EMS non-transport. Potential new revenue $50,000. The City currently responds to many calls with ambulance service where no medications are administered and no one ends up being transported to another site. Currently no fees are being charged for this response service. $50 for an EMS lift assist. Potential new revenue $8,750. The City currently responds to many calls where assistance is needed due to a fall. Currently no fees are being charged for this response service. In addition to the set fees being proposed for the previous three events, staff is proposing a calculated charge based on number of hours for each piece of equipment for certain incidents as noted below. Packet Page Number 88 of 150 J2 One Engine Pumper with 4 Firefighters $275 per hour One Chief and Vehicle $150 per hour One Grass Rig with 2 Firefighters $225 per hour One 75’ Ladder Truck with 4 Firefighters $325 per hour One 100’ Ladder Truck with 4 Firefighters $350 per hour One Rehab/Air Truck with 2 Firefighters $200 per hour One ALS Ambulance $200 per hour Damages incurred to City assets Cost of repair Consumables such as foam, hazmat containment items, etc. Fires along a railroad right of way or operating property. Any incident response to a fire or fire hazard emergency caused by a railroad locomotive, rolling stock, or employees on a railroad right-of-way or operating property. An invoice would be sent to the railroad responsible for the railroad right-of-way or operating property. Fire as the result of negligence. Any incident response to a fire that resulted from an act of negligence. Examples of this would include, but not be limited to, methamphetamine labs, commercial and industrial operations where hot work is performed and reasonable care is not exercised, and burning of debris by contractors or homeowners that results in subsequent fires to wild land or structures. An invoice would be sent to the person responsible for the negligent fire. Arson fire. Any incident response to a fire where a person is charged under Minnesota Law. An invoice would be sent to the court for reimbursement through restitution. Pipeline utility breaks. Any incident response to a pipeline utility break if caused by an excavator or person other than a homeowner or resident. An invoice would be sent to the excavator or person responsible for the pipeline utility break. Technical rescue. Any incident response to a rescue on the water, ice, confined space, trench, high or low level where specialized equipment and training are required and where the Fire Department is able to render aide, provide assistance, or otherwise improve the conditions of the persons in need of rescue. An invoice would be sent to the persons, corporation or business owner receiving rescue services. Hazardous material. Any incident response to the release of hazardous material from its container, or the threat of a release of a hazardous material from its container, chemical reaction or other potential emergency as the result of a hazardous material where the Fire Department is able to render aid, proved assistance, or otherwise improve the conditions or protect the public. Packet Page Number 89 of 150 J2 An invoice would be sent to the person responsible for the hazardous material or transportation of the hazardous material. Budget Impact The additional fees charged to users of the service are needed to support budgeted City expenditures. Recommendation Staff recommends approval of the User Service Charges listed above for Fire and EMS Services. The charges would be effective January 1, 2016. Attachments None. Packet Page Number 90 of 150 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: November 17, 2015 SUBJECT: Consider Amendments to the Tree Ordinance and Environmental Chapters (First Reading): a. Approval of an Ordinance Regulating Trees in the City of Maplewood b. Approval of Tree Standards c. Approval of an Ordinance Reconfiguring the City’s Environmental Chapters Introduction The Maplewood tree ordinance was adopted on September 11, 2006. The ordinance establishes minimum standards for tree preservation and mitigation of environmental impacts resulting from tree removal. Background The City Council adopted the Living Streets Policy in 2013. The policy guides future road improvement projects towards improved biking and walking, enhanced safety and security of streets, calm traffic, livable neighborhoods, improved stormwater quality, enhanced urban forest, reduced life cycle costs, and improved neighborhood aesthetics. Implementation strategies to achieve these goals are outlined in the policy and include a review of the City’s tree ordinance and policies. The Environmental and Natural Resources Commission reviewed the tree ordinance throughout 2014, adopting the final version on November 17, 2014. In addition to amendments to the tree ordinance, the Commission is also recommending a new section on diseased and hazardous trees and tree service licensing. Once the tree ordinance amendments are adopted by the City Council, the next step to achieving the goals outlined in the Living Streets Policy is to review the City’s overall tree program, which will result in a more comprehensive tree management plan. Discussion Tree Ordinance Amendments Following are the major changes proposed to the tree ordinance by the Environmental and Natural Resources Commission: • Findings and Purpose: Updated findings and purpose to include the value of specimen trees (defined as a healthy tree that is 28 inches in diameter or greater). • Definitions: Amendments to the definitions to add clarity to the ordinance. • Tree Standards: All tree preservation, removal, replacement, and shade tree pest management requirements for applicants have been removed from the ordinance and placed in a separate standards document. The tree standards will be similar to the City’s J3 Packet Page Number 91 of 150 2 engineering and solid waste management standards and will allow flexibility in managing trees. Standards cannot be contrary, replace, or supersede City ordinances. • Tree Replacement: Revised tree replacement calculation which allows credits to the final tree replacement amount for preserving specimen trees (defined as a healthy tree that is 28 inches in diameter or greater) during development of the property. • Diseased and Hazardous Trees: A new section of the ordinance that deals with diseased and hazardous trees. • Licensing: Adding requirements for licensing of tree service companies to include the company employ an individual who possesses arborist certification. Attachment 1 contains a comparison of the 2006 tree ordinance to the 2015 tree ordinance. Amendments included the relocation of some regulations from the tree ordinance into the new tree standards document. Therefore, some of the language shown as deleted was actually relocated to the tree standards. The comparison document is intended as a guide only. Environmental Chapters During the tree ordinance updates the City should combine all environmental ordinances in one location. Currently these ordinances are found in various chapters of the City Code including Chapter 12 (Building and Building Regulations), Chapter 18 (Environment), and Chapter 38 (Trees). All environmental ordinances will now be placed under Chapter 18 (Environment) as follows (items stricken are moved, items underlined are added, items italicized are added for clarity): Chapter 18 (ENVIRONMENT) Article I. In General Article II. Nuisances Article II. Erosion and Sedimentation Control Article IV. Air Pollution Control (Article V through VIII are moved to the new Article V [Environment and Natural Resources]) Article V. Environmental Preservation and Protection of Trees and Woodlands Article VI. Floodplain Ordinance Article VII. Stormwater Management Article VIII. Renewable Energy Systems Article V. Environment and Natural Resources (Div. 1-9 are moved from other areas of the Code including Chapters 12, 18 and 38) Division 1. Generally Division 2. Wetlands and Streams Division 3. Trees Division 4. Stormwater Management Division 5. Renewable Energy Division 6. Flood Plain Overlay District Division 8. Slopes Division 9. Mississippi Critical Area Budget Impact None J3 Packet Page Number 92 of 150 3 Recommendations Consider amendments to the tree ordinance and environmental chapters (first reading): 1. Approval of an ordinance regulating trees in the City of Maplewood (Attachment 2) 2. Approval of tree standards (Attachment 3) 3. Approval of an ordinance reconfiguring the City’s environmental chapters (Attachment 4) Attachments 1. Comparison of 2006 Tree Ordinance to 2015 Tree Ordinance 2. Ordinance Regulating Trees in the City of Maplewood 3. Tree Standards 4. Ordinance Reconfiguring the City’s Environmental Chapters J3 Packet Page Number 93 of 150 1 Comparison on 2006 Tree Ordinance to 2015 Tree Ordinance (Note: Some of the language shown as deleted as been relocated into the 2015 Tree Standards) City of Maplewood Ordinance No. _____ ENVIRONMENTAL PRESERVATION AND PROTECTION OF TREES AND WOODLANDS 9-11-06 An Ordinance Regulating Trees in the City of Maplewood The Maplewood City Council approves changes to the Code of Ordinances pertaining to the regulations of trees. This ordinance amends and reconfigures Chapter 38 (Trees), Chapter 12 (Buildings and Building Regulations), and Chapter 18 (Environment) as follows: Section 1: This section deletes Chapter 38 (Trees) and adds new regulations pertaining to trees to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 3 (Trees) as outlined below. Article V. Environment and Natural Resources Division 3. Trees Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide betternumerous environmental, economic, and scenic benefits. They help filter air quality, scenic beauty, protection against wind and water erosion, natural insulation for energy conservation, and are beneficial in watershed management. Trees and woodlands alsopollutants, absorb stormwater runoff, provide wildlife habitat, privacy as screening, act as naturalmoderate temperatures, reduce cooling costs, increase property values, provide scenic beauty, provide sound and visual buffers, and increase property values. provide screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the natural environment trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city; thereby, promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this articleordinance is to establish a tree preservation and protection ordinanceregulations to assure the continuance of significant natural featuresand specimen trees and woodlands for present and future generations which: 1. Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2.2. Ensure the health and wellbeing of Maplewood’s urban forest. 3 Protect the health and safety of residents. 34. Protect water quality and minimize storm water runoff. 4. Prevent5. Help prevent erosion or flooding. 56. Assure orderly development within wooded areas to minimize tree loss and environmental degradation. J3, Attachment 1 Packet Page Number 94 of 150 2 6. 7. Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 7. Establish and promote an on-going tree planting and maintenance program within the city to assure trees and woodlands for future generations. Applicability. 1. This article shall apply to any individual, business, or entity that engage in a building or development project which requires issuance of a grading permit or new building permit. This includes all sites of new development that contain significant trees or woodlots. Platting and adding new roadway and right of way are subject to this ordinance. 2. The following are exceptions and are exempt from the requirements of this ordinance: a.1)Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 2) Tree removal related to city public improvement projects to existing roadways, sewers and other infrastructure, utility/infrastructure work or repair. 3) Emergency removal of a tree(s) to protect public health. 4) Restoration of land to native prairie. Prairie restoration must be approved by the environmental manager or city forester. 5) Commercial tree nursery and landscape operations. 6) Removal of dead or dying trees. 8. Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9. Promote the planting of trees as outlined in the city’s Living Streets Policy. Sec. 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:ordinance. Applicant means developer, builder, contractor, or homeownerowner who applies for a woodlot alteration, land use, grading, or building or grading permit. Caliper meansinch is a tree trunk measurement ofused for nursery stock and in this ordinance refers to replacement trees. It is the unit of measurement for defining the diameter of the tree trunk measured six (6) inches above groundthe soil surface for tree trunks up to four (4) caliperdiameter inches. Tree trunks over four (4) caliper inches or less and measured at six (6) inches in height, move measurement point to twelve (12) inches above ground to measure trunk caliper. Trees the soil surface for tree trunks greater than four (4) caliper inches may have diameter measurements.inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. J3, Attachment 1 Packet Page Number 95 of 150 3 City Forester means a tree inspector/forester certified by the State of Minnesota who is employed by the city, or appropriate agent or independent contractor designated by the city. Must meet the definition of a Maplewood Registered Forester. manager. Coniferous/EvergreenConifer Tree means a woody plant having foliage on the outermost portions of the branches year-round whichthat is a member of the division Pinophyta and at maturity is at least twelve (12) feet or more in height. Tamaracks and Larch are included as coniferous tree species. Critical Root Zone (CRZ) means an imaginary linear circle surrounding the tree trunk with a radius distance ofConifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one (1) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of sixteen (16) feet.conifer in our climate that drops its needles in the fall. Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a shade tree disease or pests. Deciduous Tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter meansis a standard point of measurement of tree size, measurement of tree trunk used for trees in inchesthe landscape. It is the diameter of a tree trunk as measured at a height of four and one -half (4.5) feet above ground. Measure To determine diameter, measure the circumference of athe tree trunk in inches at four and one -half (4.5) feet above ground and divide by (3.14) to determine diameter.. Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Environmental Manager meansand Economic Development Department (EEDD) Director means the EEDD Director or an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city manager. Hardwood Deciduous Tree means the followingall deciduous tree species: ash, basswood, birch, black cherry, catalpa, hackberry, hickory, ironwood, hard maples (sugar maple except those listed as softwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the tree or red maple), locust, oaktree part to fail, and walnutthe city forester determines that such failure could cause property damage or personal injury. Invasive Species are species that are not native to Minnesota and cause economic or environmental harm or harm to human health. Major Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Maplewood Registered Forester means a person who is registered with the city as a consulting forester and holds a minimum of a Bachelor of Science degree in arboriculture, urban forestry or J3, Attachment 1 Packet Page Number 96 of 150 4 similar field from an accredited academic institution or is registered with the International Society of Arboriculture as a certified arborist/forester. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. OrnamentalNative Prairie means a landscape or planting that consists predominantly of grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Shade Tree means a woody plant, whichperennial that at maturity is at least fifteen (15) feet in height and grown primarily for its beauty of its foliage and flowersaesthetic or environmental purposes. Retaining WallShade Tree Pest means a structure utilized to hold a slope in a position in which it would not naturally remain. Specimen Tree is a healthy tree of any species twenty-eight (28) inches in diametervertebrate or greater. These trees are considered Significant Trees. Significant Natural Feature means a significant water body, woodlot, significant slopeinvertebrate animal, plant pathogen, or a site of historical or archeological significanceplant that has been recorded withis determined by the statecity council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreenconifer trees, twelve (12) inches in diameter for softwood deciduous treetrees, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein.. Buckthorn or othersother noxious woody plants or trees as determined by the environmental managerEEDD Director are not considered a significant tree species at any diameter. Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten (10) years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. J3, Attachment 1 Packet Page Number 97 of 150 5 Tree Preservation Plan meansis a plan prepared with the assistance of a certified forester, which clearlythat shows all trees in the area to be developed or within the parcel of record.property. The plan shouldshall include all significant and specimen trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree removal, mitigation schedule, and replacement section of this ordinance and a proposed re-forestation landscape plan. The plan shall be developed by a forestry or horticultural professional whose qualifications are approved by the EEDD Director. Tree Standards is a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede city ordinances. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetation means all plant growth, especially trees, shrubs, native wildflowers, mosses or grasses. Wetland as defined in the city’s wetland ordinance. Wilding Tree means a tree that was not grown or maintained by a nursery. Woodlot means a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant and/or specimen tree(s). Sec. 3. Standards. The EEDD Director and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4. Woodlot Alteration. 1. Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the environmental managerEEDD Director for review prior to removal of any significant or specimen living trees on a woodlot that is not reviewed by another application.land use, grading, or building permit. The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the environmental manager.EEDD Director. An application fee shall be established yearly by the city council by resolution. Failure to submit an approveda woodlot alteration permit application beforeand gain subsequent approval prior to removal of anysignificant and specimen trees will result in a two-year moratorium for issuance of a city grading or building permit. In addition, a the total tree replacement for the parcelproperty as outlined in the tree removal, mitigation/, and replacement schedule with the assumptionsection to assume that all trees that were removed arewere significant and specimen trees. The environmental manager may approve a 2. Woodlot alteration permit appeal process. If the woodlot alteration permit that complies with this ordinance and receive recommendations from the city forester concerningis denied by the proposed woodlot alteration. TheEEDD Director, the applicant may appeal environmental manager’sthe EEDD Director’s decision to the J3, Attachment 1 Packet Page Number 98 of 150 6 environmental committee. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city in writing within fifteen (15) days of the environmental manager’sEEDD Director’s written decision. The to deny the permit. The environmental and natural resources commission will review the appeal at its next available commission meeting. If the environmental and economic development commission denies the appeal, the applicant may appeal the environmental committeeand economic development commission’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city within fifteen (15) days of the environmental committee writtenand natural resources commission’s decision to city council for final decision. Applicant must first approach environmental manager then environmental committee before. The city council will review. the appeal at its next available city council meeting for final decision of the appeal. Tree preservation plan. A tree preservation plan is required for any project which requires any land use permit, grading permit, or building permit; excluding minor home additions and the removal of dead, diseased, dying or hazardous trees of any size. A tree preservation planSec. 5. Tree Preservation Plan. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. All tree replacements will be in addition to landscape tree planting standards. An applicant may request a waiver from the environmental manager from preparation of a tree preservation plan. 1. Tree preservation plansplan applicability. a. This ordinance shall include the following: apply to any applicant that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions. This includes all sites of new or redevelopment that contain significant and specimen trees or woodlots. Platting and adding new roadway and right-of-way are subject to this ordinance. b. The following are exceptions and are exempt from the requirements of the tree preservation plan: 1) Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 1. A tree inventory overlay on the site plan that shows size, species, general health, and location of all significant trees located within the area to be developed or within the parcel of record. Location of groups of standing dead or diseased significant trees shall be noted on inventory overlay. All tree inventories shall be preformed by a certified forester and shall be consistent with the engineer’s grading plan contours. All significant trees included in the tree inventory must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet(s) in both graphic and tabular form. Trees growing in clump form are considered individual trees and each stem/trunk is measured as individual trees. J3, Attachment 1 Packet Page Number 99 of 150 7 2) Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. 3) Emergency removal of a tree(s) to protect public health. 4) Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. 5) Commercial tree nursery and landscape operations. 6) Removal of dead or dying trees, unless those trees were planted as part of tree replacement in which case they shall be replaced based on the approved plan. 7) Removal of nonnative trees that the city deems invasive species. 2. A certified forester must approve the tree preservation plan. 3. The tree preservation plan must be drawn at the same scale as the other site plan submittals. 4. A tree preservation plan that coincides with necessary engineering documents such as topography, wetland information, grading plans, road, and building locations must include: a. A list of total diameter inches of all healthy significant trees inventoried. b. Listing of the total diameter inches of healthy significant trees removed. The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. 5. Outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold and any indication of the presence of epidemic tree diseases. 6. Delineation of all limits of land disturbance, clearing, grading and trenching. 7. Locations of the proposed buildings, structures, or impervious surfaces. 8. Location of trees protected and the proposed measures for protection including delineation of tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and wash out area for redi-mix trucks. 9. Written description of treeTree preservation and safeguarding tree measures planned for the site. . 10. Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree mitigation/replacement schedule. 11. Signature of the person(s) preparing the plan. J3, Attachment 1 Packet Page Number 100 of 150 8 The tree preservation plan shall be reviewed by the environmental manager, with advisement from the city forester, for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. Tree Preservation and Safeguarding Tree Measures. 1a. All developments within the city shall be designed to preserve significant and specimen trees and woodlots, where such preservation would not adversely affect the public health, safety, or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant treeand specimen trees subject to the limitations as defined in this chapterordinance. This decision shall be based on, but not limited to, the following criteria: a.1) Size of trees. 2) Size of lot. b.3) Species, health, and attractiveness of the trees, including: 1)a) Sensitivity to disease. 2)b) Life span. 3)c) Nuisance characteristics. 4)d) Sensitivity to site grading. 5)e) Potential for transplanting. 6)f) Need for thinning a woodlot. 7)g) Effects on the functioning of a development. 8)h) Fragmentation of wooded area and effects on wildlife corridors. 9)i) The public health, safety, and welfare. 10)j) Effect on wetlands and/or watershed. k) Native Prairie Restoration 2. Safeguarding preserved trees: the tree preservation plan shall delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. a. Tree protective areas shall be located at a minimum of the CRZ of treesprairie or drip line whenever possible. Use of tree-save islands and stands are encouraged rather than the protection of individual trees scattered throughout a site. b. Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing must be self-supportive. All active tree protection areas shall be designated as such with “Tree Save Area” signs posted in addition to the required fencing. c. Use of passive forms of tree protection requires approval from environmental manager in writing. Passive forms of tree protection fencing include use of continuous rope or flagging (heavy mil plastic four (4) inches or wider) with visible signage stating “Keep Out” or “Tree Save Area”. J3, Attachment 1 Packet Page Number 101 of 150 9 d. Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. e. No construction work shall begin until tree protection fencing has been installed, inspected, and approved by the city forester. At least three (3) working days prior to construction or grading, applicant shall be required to request inspection of on-site protective measures by city forester. Once city forester approves tree protection fencing or devices it must not be altered or removed without prior written approval. f. Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. No grade change, construction activity, storage or staging of materials shall occur within this fenced area. g. Use of custom grading, retaining walls or tree wells to maintain existing grade for preserved trees. h. Layout of the project site utility and grading plans should accommodate the tree preservation areas. Utilities recommended along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. i. Minimize tree wounding by felling or removing trees away from trees remaining on site. j. Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree protection areas. k) k. Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and tree removal. If pruning oaks is required between April 1 and July 1 cover fresh wounds with nontoxic tree wound sealant or latex paintsavanna habitat. l. Use of wood chip mulch to a depth of six (6) to eight (8) inches adjacent to tree protection areas to minimize soil compaction and desiccation. m. Concrete washout, leakage or spillage of fuels or paints, or other materials that would result in detrimental change in soil chemistry is prohibited in tree preservation areas. n. Post construction tree care to mitigate construction damage: 1) Tree root aeration, fertilization, and/or irrigation systems. 2) Therapeutic pruning. o. Soil compaction mitigation by: 1) Mulch drive lanes with eight (8) to ten (10) inches of woodchips. J3, Attachment 1 Packet Page Number 102 of 150 10 2) Soil fracturing with deep tillage or other similar methods. 3) Inclusion of organic matter to existing soil. 3) Core aeration. p. Transplant existing trees to a protected area for future transplanting onto permanent sites within the construction area. 3.b. If any significant or specimen tree stateddesignated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the environmental managerEEDD Director or city forester that the damaged tree(s) will probably not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree mitigation/replacement formulaoutlined in the tree removal, mitigation, and replacement section below. Tree Mitigation/Replacement Schedule. 3. Tree removal, mitigation, and replacement. a. Tree removal calculation: If less than twenty percent (20%) of the total significant or specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant and specimen tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant and specimen tree diameter inches isare removed, applicant shall mitigate all significant and specimen diameter inches using the tree mitigation/replacement schedule in accordance with the following formulaformulas: A = Total Diameter Inchesdiameter inches of Significant Treessignificant trees lost as a result of the Land Alterationland alteration (includes significant and specimen trees) B = Total Diameter Inchesdiameter inches of Significant Treessignificant trees situated on the property. (includes significant and specimen trees) C = Tree Replacement Constantreplacement constant (1.5) D = Replacement Trees (Number of Caliper Inches) Total diameter inches of specimen trees saved* ((E = Replacement trees (number of caliper inches) [((A/B -.20-0.2) x C) x A = ] – [D/2] = E *Applicant receives credit for each one (1) diameter inch of specimen tree saved at a rate of ½ (.5) diameter inches. Example A = 379 94 J3, Attachment 1 Packet Page Number 103 of 150 11 B = 943 234 C = 1.335 D =160 28 ((379 / 943 – 0.20) x 1.5) X 379 = 114.7E = 14 caliper inches [((94 /234 – 0.2) x 1.5) x 94] – [28/2] = 14 caliper inches The trees required to be replaced pursuant to this chapterordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b. Tree mitigation: Once the total caliper inches for replacement trees are determined, the developer/applicant shall mitigate tree loss of significant and specimen trees by either: 1. Plantplanting replacement trees in appropriate areas withinon the developmentproperty in accordance with the tree replacement schedule. 2. Plant requirements as outlined in the Tree Standards and tree preservation plan. After putting as many trees as feasible on the site, if the replacement trees on city property under the direction of environmental manager or city forester. Must be approved during the review processrequirement is still not met, the EEDD Director can approve tree replacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit(s).. 3. Pay the city a sum per diameter inch in accordance with the tree replacement schedule with written approval from city staff. The fee per diameter inch shall be set forth in the city fee schedule set annually by city council resolution. Payment shall be deposited into an account designated specifically for tree planting on public property within the city. The form of mitigation to be provided by the applicant shall be determined by city staff. This provision may only apply if all other measures in this ordinance have been exhausted. 4. The developer shall be required to maintain trees for two (2) year after planting. Should any tree require replacement during this two (2) year period, the replacement period shall start at the date of c. Tree replacement requirements: The applicant shall follow tree replacement requirements as outlined in the Tree Standards. d. Tree replacement. Trees required to be planted pursuant to any other provision of city code are not included in this and must be replaced according to such code. 5. Species requirements: Where ten (10) or more replacement trees area required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental manager. Native tree species to the Maplewood area are preferred. 6. Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota Statutes, Section 18.46 hardy for this USDA plant hardiness zone (Zone 2, 3 or 4 hardiness rated trees) or other trees including wilding trees, so long as such wilding trees comply with the following standards and are approved by the environmental manager or city forester. All replacement trees shall be healthy and free from insect or J3, Attachment 1 Packet Page Number 104 of 150 12 disease infestation. A wilding tree measured in caliper inches shall not exceed the maximum height as shown on the table below: CALIPER INCHES MAXIMUM HEIGHT (FEET) 2-3 18 3-4 20 4-5 24 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree must have a branch within seven (7) feet of the surface of the surrounding ground). 7. Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot evergreen tree unless pre-approved by the environmental manager. Evergreen or coniferous tree height convert to caliper measurement as follows: the first six (6) feet of growth equals two and one-half (2.5) caliper inches for each additional two (2) feet in height equals one (1) additional caliper inch. Trees required to be planted pursuant to any other provision of city code must comply with tree size specification of such code. 8. Tree replacement surety required. escrow: The applicant shall post tree replacement suretyescrow with the city, such as a tree replacement cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for tree replacement for proposed planting. Funds will be held by the city until successful completion of final planting inspection. It shall be the applicant’s responsibility to call for such inspection. Tree replacement surety does not include other sureties required pursuant to any other provision of city code or city directiveas outlined in the Tree Standards. Enforcement. The city reserves the right to inspect the construction site at any time for compliance with this ordinance. Should the city find the site in violation of the approved tree preservation plan, they may issue a stop work order until conditions are corrected. Stop work order, will be lifted after approved by environmental manager or city forester in writing. Sec. 6. Diseased and Hazardous Trees. 1. Findings and declaration of purpose. The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees can cause property damage or personal injury. The loss of trees, ill health of trees, or presence of hazardous trees on public and private property depreciates the value of property within the city and impairs the safety and general welfare of the public. In addition to, and in accordance with, Minnesota Statutes, sections 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 2. Declaration of a shade tree pest. The EEDD Director or city forester may declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures J3, Attachment 1 Packet Page Number 105 of 150 13 to effectively eradicate, control, or manage the shade tree pest as defined by Minnesota Statute, section 89.001. 3. Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4. Inspection. a. The EEDD Director and city forester shall have the ability and authority to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stump, and firewood. b. The EEDD Director and city forester may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5. Abatement of shade tree pest nuisances. a. The EEDD Director or city forester shall notify in writing the owner of record or occupant of the premise that a public nuisance exists. The notice shall specify the measures to be taken to abate the nuisance and shall specify that the nuisance shall be abated within a reasonable amount of time, not less than ten (10) days from the date of mailing. b. If the owner fails to comply with the removal or control measures specified for the hazard tree, infested tree, or wood on his/her property as outlined in this ordinance and the Tree Standards, and within the time specified, the EEDD Director or city forester may order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner. If the bill is not paid within thirty (30) days, the city shall assess the costs to the property. 6. High-cost abatement. If the cost of abating a nuisance from a shade tree pest will exceed five thousand dollars ($5,000) in a given year or in two consecutive years, based on a reasonable, good faith estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearing as outlined in the Tree Standards. This does not apply to hazardous trees. 7. Emergency abatement. Nothing in this ordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Sec. 7. Enforcement. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land J3, Attachment 1 Packet Page Number 106 of 150 14 use, building, and grading permits shall be suspended until the developerapplicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Effect on density. The city may reduce the maximum allowed density on that part of a development that has a significant natural feature, where such reduction would save all or part of a significant natural feature. However, regardless of the requirements in this article, the maximum allowed density shall not be reduced below 67 percent of the allowed density in the city’s land use plan for multiple dwellings. The minimum lot size shall not be increased above 15,000 square feet for single dwellings. Any required density reduction or increase in lot size must save a significant natural feature. The city council may require the clustering of dwellings in the form of townhouses, quads, apartments, or similar uses where it is necessary to preserve significant natural features. The city reserves the right to inspect the site or property at any reasonable time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. Section 2: This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies (additions are underlined). Sec. 12-207. General types of work. Before any person shall engage in the business of doing or performing the following types of work in the city he or she shall first obtain a license or register to do so as provided in this ordinance: 1. Cement work, cement blockwork, cement blocklaying or brickwork. 2. General construction, including erection, alteration or repair of buildings. 3. The moving or wrecking of buildings. 4. Plastering, outside stucco work or lathing. 5. Plumbing, including installation of outside sewage disposal plants. 6. Heating. 7. Gas installation, including heating, appliances, devices or machinery, etc. 8. Well drilling. 9. Roofing. 10. Sign and billboard erecting. 11. Excavators for basements, foundations, grading of lots, etc. 12. Cesspool and private sewer disposal installers. 13. Sodding and landscaping. 14. Tree service (pruning, removal, treatment, or care). 15. Elevators. Sec. 12-208. Application for and issuance of license; license fees; registration required. 1. Application for any license required by section 12-207 shall be filed with the city clerk on the appropriate form furnished by the city. Any license required by section 12-207 shall be issued by the city clerk. 2. The license fee for any license required by section 12-207 shall be imposed, set, established and fixed by the city council, by resolution, from time to time. J3, Attachment 1 Packet Page Number 107 of 150 15 3. Plumbers, building movers or other crafts, which are licensed by the state and which the city is prohibited from licensing, who undertake to perform work and obtain permits within the city shall first register with the city clerk and shall provide proof of public liability insurance as required by this ordinance. Such state-licensed contractors shall also provide any additional insurance or indemnity bond required by the city council by resolution to protect property of the city when such work is being done in or upon any city street or other public right-of-way or upon any of the city-owned utilities located in such street or right-of-way. Sec. 12-209. Duration of licenses; consequences of nonrenewal. 1. All licenses issued under section 12-208 shall expire on December 31 following the date of issuance, unless sooner revoked or forfeited. 2. If a license granted under section 12-208 is not renewed prior to its expiration, all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Sec. 12-210. Liability insurance. Any person applying for any license enumerated in section 12-207 shall file with the city clerk a certificate to the effect that public liability and property damage insurance is in force and shall remain and be in force and effect during the entire term of such license and shall contain a provision that such insurance shall not be cancelled without ten days' written notice to the city. Public liability insurance shall not be less than $25,000.00 for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage insurance in the amount of not less than $5,000.00 on account of damage to any one party and not less than $25,000.00 on account of any one accident. As to gas installers, such public liability insurance shall be for not less than $25,000.00 for injuries, including accidental death, to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage in the amount of not less than $25,000.00. No license shall be issued until such certificate of insurance shall have been filed and approved by the city clerk. Sec. 12-211. Renewal of license after expiration date. Any person renewing his license under section 12-208 after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed for renewals. Sec. 12-212. Work covered under license issued to general contractors; requirements of subcontractors. 1. A license granted under section 12-207 to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all of the persons performing the work which is classified and listed in section 12-207, providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. J3, Attachment 1 Packet Page Number 108 of 150 16 2. Subcontractors on any work classified and listed in section 12-207 shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for their particular type of work. Sec. 12-213. Qualifications for licenses. Except as otherwise provided by law, each applicant for a license under section 12-208 shall satisfy the city council that he is competent by reason of education, special training, experience and that he is equipped to perform the work for which a license is requested in accordance with all state laws, city ordinances and this Code. Sec. 12-214. Exemptions for homeowners. A homeowner in the city shall have an exemption, utilized no more often than once every five years, from needing the license for doing or performing any of the various types of work on his own home for which a license is required in section 12-207. Sec. 12-215. Special licenses for certain work. The council may, by resolution, provide for any special licenses and set the fees for any work or services pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the council deems in its discretion that the licenses provided for in section 12-207 do not properly pertain to the work or service to be covered by such licenses. Sec. 12-216. Sewer installer licenses. . . . . Sec. 12-217. Sign installer licenses. . . . . Sec. 12-218. Tree service company licenses. 1. No person for hire shall fell, cut, or trim any tree in the city, or engage in the business of so doing, without a license. This shall apply only to the felling, cutting, or trimming of trees, limbs, and branches which are two (2) inches or more in diameter at the point of cutting or severance. 2. All licensees performing work under this chapter shall comply with the American National Standards Institute (ANSI) Standard A300, parts 1 through 9. Effective within one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). J3, Attachment 1 Packet Page Number 109 of 150 1 Ordinance No. _____ An Ordinance Regulating Trees in the City of Maplewood The Maplewood City Council approves changes to the Code of Ordinances pertaining to the regulations of trees. This ordinance amends and reconfigures Chapter 38 (Trees), Chapter 12 (Buildings and Building Regulations), and Chapter 18 (Environment) as follows: Section 1: This section deletes Chapter 38 (Trees) and adds new regulations pertaining to trees to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 3 (Trees) as outlined below. Article V. Environment and Natural Resources Division 3. Trees Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures, reduce cooling costs, increase property values, provide scenic beauty, provide sound and visual buffers, and provide screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city thereby promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree preservation and protection regulations to assure the continuance of significant and specimen trees and woodlands for present and future generations which: 1. Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2. Ensure the health and wellbeing of Maplewood’s urban forest. 3 Protect the health and safety of residents. 4. Protect water quality and minimize storm water runoff. 5. Help prevent erosion or flooding. 6. Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 7. Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 8. Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9. Promote the planting of trees as outlined in the city’s Living Streets Policy. J3, Attachment 2 Packet Page Number 110 of 150 2 Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicant means developer, builder, contractor, or owner who applies for a woodlot alteration, land use, grading, or building permit. Caliper inch is a measurement used for nursery stock and in this ordinance refers to replacement trees. It is the unit of measurement for defining the diameter of the tree trunk measured six (6) inches above the soil surface for tree trunks four (4) diameter inches or less and measured twelve (12) inches above the soil surface for tree trunks greater than four (4) diameter inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forester means a forester who is employed by the city or appropriate agent or independent contractor designated by the city manager. Conifer Tree means a woody plant that is a member of the division Pinophyta and at maturity is at least twelve (12) feet or more in height. Conifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one conifer in our climate that drops its needles in the fall. Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a shade tree disease or pests. Deciduous Tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter is a measurement used for trees in the landscape. It is the diameter of a tree trunk as measured at a height of four and one-half (4.5) feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one-half (4.5) feet above ground and divide by 3.14. Environmental and Economic Development Department (EEDD) Director means the EEDD Director or an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city manager. Hardwood Deciduous Tree means all deciduous tree species except those listed as softwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and the city forester determines that such failure could cause property damage or personal injury. Invasive Species are species that are not native to Minnesota and cause economic or environmental harm or harm to human health. J3, Attachment 2 Packet Page Number 111 of 150 3 Major Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Native Prairie means a landscape or planting that consists predominantly of grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Shade Tree means a woody perennial that at maturity is at least fifteen (15) feet in height and grown primarily for aesthetic or environmental purposes. Shade Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the city council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in diameter for softwood deciduous trees, and specimen tree. Buckthorn or other noxious woody plants or trees as determined by the EEDD Director are not considered a significant tree species at any diameter. Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten (10) years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Preservation Plan is a plan that shows all trees in the area to be developed or within the property. The plan shall include all significant and specimen trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree removal, mitigation, and replacement section of this ordinance and a proposed re-forestation landscape plan. The plan shall be developed by a forestry or horticultural professional whose qualifications are approved by the EEDD Director. Tree Standards is a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede city ordinances. Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. J3, Attachment 2 Packet Page Number 112 of 150 4 Wetland as defined in the city’s wetland ordinance. Woodlot means a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant and/or specimen tree(s). Sec. 3. Standards. The EEDD Director and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4. Woodlot Alteration. 1. Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the EEDD Director for review prior to removal of any significant or specimen living trees on a woodlot that is not reviewed by another land use, grading, or building permit. The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the EEDD Director. An application fee shall be established yearly by the city council by resolution. Failure to submit a woodlot alteration permit application and gain subsequent approval prior to removal of significant and specimen trees will result in the total tree replacement for the property as outlined in the tree removal, mitigation, and replacement section to assume that all trees removed were significant and specimen trees. 2. Woodlot alteration permit appeal process. If the woodlot alteration permit is denied by the EEDD Director, the applicant may appeal the EEDD Director’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city in writing within fifteen (15) days of the EEDD Director’s written decision to deny the permit. The environmental and natural resources commission will review the appeal at its next available commission meeting. If the environmental and economic development commission denies the appeal, the applicant may appeal the environmental and economic development commission’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city within fifteen (15) days of the environmental and natural resources commission’s decision. The city council will review the appeal at its next available city council meeting for final decision of the appeal. Sec. 5. Tree Preservation Plan. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. 1. Tree preservation plan applicability. a. This ordinance shall apply to any applicant that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions. This includes all sites of new or redevelopment that contain significant J3, Attachment 2 Packet Page Number 113 of 150 5 and specimen trees or woodlots. Platting and adding new roadway and right-of- way are subject to this ordinance. b. The following are exceptions and are exempt from the requirements of the tree preservation plan: 1) Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 2) Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. 3) Emergency removal of a tree(s) to protect public health. 4) Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. 5) Commercial tree nursery and landscape operations. 6) Removal of dead or dying trees, unless those trees were planted as part of tree replacement in which case they shall be replaced based on the approved plan. 7) Removal of nonnative trees that the city deems invasive species. 2. Tree preservation and safeguarding tree measures. a. All developments within the city shall be designed to preserve significant and specimen trees and woodlots, where such preservation would not adversely affect the public health, safety, or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant and specimen trees subject to the limitations as defined in this ordinance. This decision shall be based on, but not limited to, the following criteria: 1) Size of trees. 2) Size of lot. 3) Species, health, and attractiveness of the trees, including: a) Sensitivity to disease. b) Life span. c) Nuisance characteristics. d) Sensitivity to site grading. e) Potential for transplanting. f) Need for thinning a woodlot. g) Effects on the functioning of a development. h) Fragmentation of wooded area and effects on wildlife corridors. i) The public health, safety, and welfare. j) Effect on wetlands and/or watershed. k) Native prairie or oak savanna habitat. J3, Attachment 2 Packet Page Number 114 of 150 6 b. If any significant or specimen tree designated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the EEDD Director or city forester that the damaged tree(s) will not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree replacement outlined in the tree removal, mitigation, and replacement section below. 3. Tree removal, mitigation, and replacement. a. Tree removal calculation: If less than twenty percent (20%) of the total significant or specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant and specimen tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant and specimen tree diameter inches are removed, applicant shall mitigate all significant and specimen diameter inches using the tree mitigation/replacement schedule in accordance with the following formulas: A = Total diameter inches of significant trees lost as a result of the land alteration (includes significant and specimen trees) B = Total diameter inches of significant trees situated on the property (includes significant and specimen trees) C = Tree replacement constant (1.5) D = Total diameter inches of specimen trees saved* E = Replacement trees (number of caliper inches) [((A/B -0.2) x C) x A] – [D/2] = E *Applicant receives credit for each one (1) diameter inch of specimen tree saved at a rate of ½ (.5) diameter inches. Example A = 94 B = 234 C = 1.5 D = 28 E = 14 caliper inches [((94 /234 – 0.2) x 1.5) x 94] – [28/2] = 14 caliper inches The trees required to be replaced pursuant to this ordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b. Tree mitigation: Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance J3, Attachment 2 Packet Page Number 115 of 150 7 with the tree replacement requirements as outlined in the Tree Standards and tree preservation plan. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the EEDD Director can approve tree replacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit. c. Tree replacement requirements: The applicant shall follow tree replacement requirements as outlined in the Tree Standards. d. Tree replacement escrow: The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit, as outlined in the Tree Standards. Sec. 6. Diseased and Hazardous Trees. 1. Findings and declaration of purpose. The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees can cause property damage or personal injury. The loss of trees, ill health of trees, or presence of hazardous trees on public and private property depreciates the value of property within the city and impairs the safety and general welfare of the public. In addition to, and in accordance with, Minnesota Statutes, sections 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 2. Declaration of a shade tree pest. The EEDD Director or city forester may declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest as defined by Minnesota Statute, section 89.001. 3. Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4. Inspection. a. The EEDD Director and city forester shall have the ability and authority to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. b. The EEDD Director and city forester may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5. Abatement of shade tree pest nuisances. a. The EEDD Director or city forester shall notify in writing the owner of record or occupant of the premises that a public nuisance exists. The notice shall specify J3, Attachment 2 Packet Page Number 116 of 150 8 the measures to be taken to abate the nuisance and shall specify that the nuisance shall be abated within a reasonable amount of time, not less than ten (10) days from the date of mailing. b. If the owner fails to comply with the removal or control measures specified for the hazard tree, infested tree, or wood on his/her property as outlined in this ordinance and the Tree Standards, and within the time specified, the EEDD Director or city forester may order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner. If the bill is not paid within thirty (30) days, the city shall assess the costs to the property. 6. High-cost abatement. If the cost of abating a nuisance from a shade tree pest will exceed five thousand dollars ($5,000) in a given year or in two consecutive years, based on a reasonable, good faith estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearing as outlined in the Tree Standards. This does not apply to hazardous trees. 7. Emergency abatement. Nothing in this ordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Sec. 7. Enforcement. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use, building, and grading permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city reserves the right to inspect the site or property at any reasonable time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. Section 2: This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies (additions are underlined). Sec. 12-207. General types of work. Before any person shall engage in the business of doing or performing the following types of work in the city he or she shall first obtain a license or register to do so as provided in this ordinance: 1. Cement work, cement blockwork, cement blocklaying or brickwork. 2. General construction, including erection, alteration or repair of buildings. 3. The moving or wrecking of buildings. 4. Plastering, outside stucco work or lathing. J3, Attachment 2 Packet Page Number 117 of 150 9 5. Plumbing, including installation of outside sewage disposal plants. 6. Heating. 7. Gas installation, including heating, appliances, devices or machinery, etc. 8. Well drilling. 9. Roofing. 10. Sign and billboard erecting. 11. Excavators for basements, foundations, grading of lots, etc. 12. Cesspool and private sewer disposal installers. 13. Sodding and landscaping. 14. Tree service (pruning, removal, treatment, or care). 15. Elevators. Sec. 12-208. Application for and issuance of license; license fees; registration required. 1. Application for any license required by section 12-207 shall be filed with the city clerk on the appropriate form furnished by the city. Any license required by section 12-207 shall be issued by the city clerk. 2. The license fee for any license required by section 12-207 shall be imposed, set, established and fixed by the city council, by resolution, from time to time. 3. Plumbers, building movers or other crafts, which are licensed by the state and which the city is prohibited from licensing, who undertake to perform work and obtain permits within the city shall first register with the city clerk and shall provide proof of public liability insurance as required by this ordinance. Such state-licensed contractors shall also provide any additional insurance or indemnity bond required by the city council by resolution to protect property of the city when such work is being done in or upon any city street or other public right-of-way or upon any of the city-owned utilities located in such street or right-of-way. Sec. 12-209. Duration of licenses; consequences of nonrenewal. 1. All licenses issued under section 12-208 shall expire on December 31 following the date of issuance, unless sooner revoked or forfeited. 2. If a license granted under section 12-208 is not renewed prior to its expiration, all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Sec. 12-210. Liability insurance. Any person applying for any license enumerated in section 12-207 shall file with the city clerk a certificate to the effect that public liability and property damage insurance is in force and shall remain and be in force and effect during the entire term of such license and shall contain a provision that such insurance shall not be cancelled without ten days' written notice to the city. Public liability insurance shall not be less than $25,000.00 for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage insurance in the amount of not less than $5,000.00 on account of damage to any one party and not less than $25,000.00 on account of any one accident. As to gas installers, such public liability insurance shall be for not less than $25,000.00 for injuries, including accidental death, to any one person, and, subject J3, Attachment 2 Packet Page Number 118 of 150 10 to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage in the amount of not less than $25,000.00. No license shall be issued until such certificate of insurance shall have been filed and approved by the city clerk. Sec. 12-211. Renewal of license after expiration date. Any person renewing his license under section 12-208 after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed for renewals. Sec. 12-212. Work covered under license issued to general contractors; requirements of subcontractors. 1. A license granted under section 12-207 to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all of the persons performing the work which is classified and listed in section 12-207, providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. 2. Subcontractors on any work classified and listed in section 12-207 shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for their particular type of work. Sec. 12-213. Qualifications for licenses. Except as otherwise provided by law, each applicant for a license under section 12-208 shall satisfy the city council that he is competent by reason of education, special training, experience and that he is equipped to perform the work for which a license is requested in accordance with all state laws, city ordinances and this Code. Sec. 12-214. Exemptions for homeowners. A homeowner in the city shall have an exemption, utilized no more often than once every five years, from needing the license for doing or performing any of the various types of work on his own home for which a license is required in section 12-207. Sec. 12-215. Special licenses for certain work. The council may, by resolution, provide for any special licenses and set the fees for any work or services pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the council deems in its discretion that the licenses provided for in section 12-207 do not properly pertain to the work or service to be covered by such licenses. Sec. 12-216. Sewer installer licenses. . . . . Sec. 12-217. Sign installer licenses. . . . . J3, Attachment 2 Packet Page Number 119 of 150 11 Sec. 12-218. Tree service company licenses. 1. No person for hire shall fell, cut, or trim any tree in the city, or engage in the business of so doing, without a license. This shall apply only to the felling, cutting, or trimming of trees, limbs, and branches which are two (2) inches or more in diameter at the point of cutting or severance. 2. All licensees performing work under this chapter shall comply with the American National Standards Institute (ANSI) Standard A300, parts 1 through 9. Effective within one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). J3, Attachment 2 Packet Page Number 120 of 150 1 Maplewood Tree Standards November 23, 2015 The City of Maplewood has developed tree standards to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. 1. Definitions. All definitions as outlined in the Tree Ordinance apply to the Tree Standards including the following additional definitions: Critical Root Zone (CRZ) means an imaginary linear circle surrounding the tree trunk with a radius distance of one and one half (1-1/2) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of twenty four (24) feet). Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Infestation includes actual, potential, incipient, emergent infestation, or infection by forest pests or shade tree pests. Retaining Wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Wilding Tree means a tree that was not grown in a nursery or been maintained by a nursery. 2. Tree preservation plan. A tree preservation plan is required for any project which requires a woodlot alteration, land use, grading, or building permit; excluding the exemptions and exceptions as outlined in the Tree Ordinance. A tree preservation plan shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. The tree preservation plans shall include the following: a. A tree inventory overlay on the site plans that shows size, species, general health, and location of all significant and specimen trees located within the property where significant and specimen tree removal is proposed. The tree inventory plan: 1) Shall be drawn at the same scale as the other site plan submittals and shall coincide with required engineering documents such as topography maps, wetland information, grading plans, road locations, and building locations; J3, Attachment 3 Packet Page Number 121 of 150 2 2) Shall include trees growing in clump form. These trees will be considered individual trees and each stem/trunk is measured as individual trees. 3) Include the location of groups of standing dead or diseased significant and specimen trees. 4) Include the outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant and specimen tree size threshold and any indication of the presence of epidemic tree diseases. 5) Include significant and specimen trees (species and diameter) identified in both graphic and tabular form. 6) Include locations of the proposed buildings, structures, or impervious surfaces. 7) Include delineation of all limits of land disturbance, clearing, grading, and trenching. b. A list of total diameter inches of all healthy significant and specimen trees inventoried. c. The total diameter inches of healthy significant and specimen trees removed. d. Location of trees protected and the proposed measures for protection including delineation of tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and wash out area for redi-mix trucks. e. Protection measures for replacement trees being planted in areas with high deer population. f. The name(s), telephone number(s), and address(es) of the person(s) responsible for tree preservation during the course of the development project. g. Size, species, number, and location of all replacement trees and woody shrubs proposed to be planted on the property, planted on city property, or amounts to be paid into the city’s tree fund in accordance with the tree removal, mitigation, and replacement section of the tree ordinance. h. All tree preservation plans shall be prepared by a forestry or horticultural professional whose qualifications are approved by the EEDD Director. i. The tree preservation plan shall be reviewed by the EEDD Director for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. 3. Safeguarding preserved trees. The following measures will be taken to ensure survival of trees scheduled to be preserved: J3, Attachment 3 Packet Page Number 122 of 150 3 a. Layout of the project site utility and grading plans shall accommodate the tree preservation areas. Utilities are recommended to be placed along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. b. Custom grading, retaining walls, or tree wells to maintain existing grade for preserved trees can be used. c. Prior to issuance of a grading or building permit the EEDD Director may require one or all of the following measures for safeguarding preserved trees: 1) Tree protective areas shall be located at a minimum of the CRZ of trees or drip line, whichever is greater, whenever possible. Saving groups or stands of trees is encouraged over protecting individual trees scattered throughout the site. 2) Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing shall be self-supportive. Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. 3) Use of passive forms of tree protection may be allowed, i.e., tree protection fencing consisting of continuous rope or flagging (heavy mil plastic four (4) inches or wider). 4) Active tree protection areas with “Tree Save Area” signs posted and readable from at least ten (10) feet away. 5) Minimize tree wounding by felling or removing trees away from trees remaining on site. 6) Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree protection areas. 7) Measures such as deep mulching may be required in some situations. 8) Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and removal of infected trees. If pruning oaks is required between April 1 and July 1 fresh wounds shall be covered with nontoxic tree wound sealant or latex paint. d. No construction work shall begin until tree protection fencing has been installed, inspected, and approved by the EEDD Director. Once EEDD Director approves tree protection fencing or devices it shall not be altered or removed without EEDD Director approval. J3, Attachment 3 Packet Page Number 123 of 150 4 4. Post construction tree care mitigation. The city may require post construction tree care mitigation for trees protected to include: a. Tree root aeration, fertilization, and/or irrigation systems. b. Therapeutic pruning. c. Mitigate soil compaction by the following: 1) Mulch drive lanes with eight (8) to ten (10) inches of woodchips. 2) Soil fracturing with deep tillage or other similar methods. 3) Inclusion of organic matter to existing soil. 4) Core aeration. 5. Tree mitigation. Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree removal, mitigation, and replacement section of the tree ordinance. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the EEDD Director can approve tree replacement steps as outlined below prior to issuance of a grading or building permit: a. Planting replacement trees on city property under the direction of the EEDD Director. b. Mulched beds of native or drought tolerant shrubs that are not required as part of foundation, screening, or other city-required plantings will qualify towards tree replacement at a rate of .5 caliper inches per number three (#3) shrub. c. Alternative forms of mitigation can be approved by the EEDD Director. Examples of alternative mitigation includes buckthorn removal and management. Buckthorn removal and management will qualify the applicant for reducing the number of replacement trees or the payment into the city’s tree fund with a dollar for dollar credit. d. Paying the city a sum per caliper inch in accordance with the tree replacement schedule set forth in the city fee schedule. Payment shall be deposited into an account designated specifically for tree planting on public property or providing financial assistance for properties that want to voluntarily plant trees. 6. Tree replacement requirements. The applicant shall follow tree replacement requirements as outlined below: a. Three-year replacement period: The applicant shall maintain replacement trees for three (3) years after planting. If any tree requires J3, Attachment 3 Packet Page Number 124 of 150 5 replacement during this three (3) year period, the replacement period shall start at the date the replacement tree was planted. Trees required to be planted pursuant to any other provision of the city ordinances are not included in this and shall be replaced according to such ordinance. b. Species requirements: Where ten (10) or more replacement trees are required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the EEDD Director. Tree species native to the Maplewood area are preferred. The following plant species are potentially invasive and should be avoided in city plantings and on development projects. Norway maple Acer platanoides Amur maple Acer ginnala Siberian elm Ulmus pumila Common buckthorn Rhamnus cathartica Glossy buckthorn Rhamnus frangula Black locust Robinia pseudoacacia Siberian pea shrub Caragana arborescens If elm trees are planted on city projects they should be cultivars resistant to Dutch Elm Disease. Ash trees should not be planted. c. Sources of trees: Replacement trees shall consist of certified nursery stock as defined by current Minnesota Statutes and shall be hardy for USDA plant hardiness zones 2, 3, or 4 (hardiness rated trees) or other trees including wilding trees, so long as such wilding trees comply with the following standards and are approved by the EEDD Director. All replacement trees shall be healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the maximum height as shown on the table below: Caliper Inches Maximum Height (Feet) 2-3 18 3-4 20 4-5 24 The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than one-half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree shall have a branch within seven (7) feet of the surface of the surrounding ground). d. Tree replacement size: Replacement trees shall be no less than two (2) caliper inches deciduous or six (6) foot height conifer tree unless pre- approved by the EEDD Director. Use the following table to convert conifer trees to caliper inches: J3, Attachment 3 Packet Page Number 125 of 150 6 Conifer Tree Height (Feet) Caliper Inches 6 2.0 7 2.5 8 3.0 9 3.5 10 4.0 11 4.5 12 5.0 e. Other required replacement trees: Trees required to be planted pursuant to any other provision of city ordinances shall comply with tree size specification of such ordinance. 7. Tree replacement escrow. The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit. The tree replacement escrow will be equal to a sum per caliper inch in accordance with the tree replacement schedule set forth in the city fee schedule. The escrow will be held by the city until successful completion of final planting inspection and assurance that the trees are covered by at least a one (1) year warranty for replacement. In areas where trees are planted in an area with heavy deer population or other tree hazards not normally covered under a warranty, the city may hold the escrow for longer to ensure viability of trees. Once the escrow is reimbursed to the applicant, it is still the applicant’s responsibility to maintain the replacement trees for three years after planting as outlined in the three-year replacement period section above. It shall be the applicant’s responsibility to call for final escrow reimbursement inspection. Tree replacement escrow does not include other escrows required pursuant to any other provision of city ordinances or city directive. 8. Public nuisances. The following may be declared nuisances whenever they are found within the city: a. Any living or standing elm tree (Ulmus spp.) or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). b. Any dead elm tree or part thereof including logs, branches, stumps, firewood, or other material from which the bark has not been removed. Proper disposal of removed bark includes chipping or burning. c. Any living, standing, or dead oak tree (Quercus spp.) or part thereof infected to any degree with the oak wilt fungus Certocystis fagacearum (Bretz) Hunt. Also, any living, standing, or dead oak tree that, due to its proximity to an oak infected with oak wilt, possesses a threat of transmission of the oak wilt fungus to other oak trees through interconnected root systems. d. Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with infestation of emerald ash borer (Agrilus planipennis). J3, Attachment 3 Packet Page Number 126 of 150 7 e. Other shade trees or parts thereof infested with shade tree pests that are epidemic. f. Hazardous trees. 9. Abatement of shade tree pest nuisances. a. The abatement measures required may include removal of an infested tree or wood to control the airborne spread of epidemic shade tree pests. If the city forester or EEDD Director finds that Dutch elm disease or oak wilt threatens to cross property boundaries, the city forester or EEDD Director may require root graft disruption to prevent the spread of the disease through roots. b. For hazardous tree abatement may include removal of branches or the whole tree or other control measures that are widely accepted to abate the nuisance. c. If the owner served fails to abate the shade tree pest nuisance, the city will abate the shade tree pest nuisance per Section 18-37 of city code. The cost of abatement shall be in accordance with the abatement schedule set forth in the city fee schedule. 10. High cost abatement. a. The owner may request a high cost abatement matter referred to the city council for a hearing as outlined below: 1) The owner or occupant shall notify the EEDD Director within twenty (20) days of the date on the abatement notification letter, provide an estimate from a certified arborist, and provide in writing a request for exemptions and the reasons for exemption. 2) The EEDD Director will notify the owner of the date, time, and location of the hearing at least three (3) days in advance of the hearing. 3) The owner shall be given the opportunity to present evidence at the hearing. 4) The city council may modify the abatement notice or extend the time by which abatement shall be completed. J3, Attachment 3 Packet Page Number 127 of 150 Page 1 of 20 ORDINANCE NO. ____ An Ordinance Reconfiguring the City’s Environmental Chapters The Maplewood City Council approves changes to the Code of Ordinances pertaining to environmental chapters. This ordinance amends and reconfigures Chapter 38 (Trees), Chapter 12 (Buildings and Building Regulations), and Chapter 18 (Environment) as follows: Section 1. This section reflects the new Chapter 18 (Environment) outline. (Items stricken are moved, items underlined are added, items italicized are added for clarity.) Chapter 18 (ENVIRONMENT) Article I. In General Article II. Nuisances Article II. Erosion and Sedimentation Control Article IV. Air Pollution Control (Article V through VIII are moved to the new Article V [Environment and Natural Resources]) Article V. Environmental Preservation and Protection of Trees and Woodlands Article VI. Floodplain Ordinance Article VII. Stormwater Management Article VIII. Renewable Energy Systems Article V. Environment and Natural Resources (Div. 1-9 are moved from other areas of the Code including Chapters 12, 18 and 38) Division 1. Generally Division 2. Wetlands and Streams Division 3. Trees Division 4. Stormwater Management Division 5. Renewable Energy Division 6. Flood Plain Overlay District Division 8. Slopes Division 9. Mississippi Critical Area Section 2. This section removes Chapter 38 (Trees) in its entirety. Portions of Article 2 (Shade Tree Disease Control) have been moved to Chapter 18 (Environment) and revised as noted in Section 4 below. (Changes shown in blue - additions are underlined and deletions are stricken.) Article I. In General Sec. 38-1. Planting in right-of-way prohibited. The planting of trees in the public right-of-way is prohibited. Sec. 38-2 – 38-30. Reserved. Sec. 38-31. Plant pest control program. The city manager is hereby empowered to conduct a program of plant pest control pursuant to authority granted by Minn. Stats. § 18.022. The program is directed specifically at the control J3, Attachment 4 Packet Page Number 128 of 150 Page 2 of 20 and elimination of Dutch elm disease fungus and elm bark beetles and other epidemic diseases of shade trees. Sec. 38-32. Inspections and investigations. Under this article, the city manager: 1. Shall inspect all premises and places within the city as often as practicable to determine whether any condition described in section 38-31 exists thereon. He shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other epidemic diseases of shade trees; 2. May enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this article; and 3. Shall, upon finding conditions indicating Dutch elm infestation or other epidemic diseases of shade trees, immediately send appropriate specimens or samples to the state commissioner of agriculture for analysis or take such other steps for diagnosis as may be recommended by the commissioner. Sec. 38-33. Public nuisances. 1. The following are hereby declared public nuisances whenever they may be found within the city: a. Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh); b. Any dead elm tree or part thereof, including lugs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or treated with an effective elm bark beetle insecticide; and c. Other shade trees with epidemic diseases of shade trees. 2. It is unlawful for any person to permit any public nuisance, as defined in subsection (1) of this section, to remain on any premises owned or controlled by him within the city. Sec. 38-34. Removal of infected trees or wood. Whenever the city manager finds with reasonable certainty that the infestation, as defined in section 38-33, exists in any tree or wood on any public or private place in the city, he shall notify the property owner and the person in possession, if different from the owner, on which such tree or wood stands, by certified mail or personal service, that the nuisance must be abated within a specified time, not less than five days from the date of mailing such notice or from the date of service. If the owner or occupant shall fail to remove the infected tree or wood from his property within the time specified in the notice, the city manager may order the work done either by the city's employees or by contract, and the cost of the work shall be billed against the owner or occupant. Sec. 38-35. Special assessments for unpaid nuisance abatement charges. J3, Attachment 4 Packet Page Number 129 of 150 Page 3 of 20 If the owner or occupant shall fail to pay the bill, as provided for in section 38-34, within 30 days, the council may then assess the amount due, plus interest, against the property as a special assessment under state law. Sec. 38-36. Treatment of elm trees near Dutch elm fungus infestation. Whenever the city manager determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he may treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Treating activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the state commissioner of agriculture and under the supervision of the commissioner and his agents whenever possible. The notice requirements of section 38-34 apply to treating operations conducted under this section. Sec. 38-37. Permit for transportation of elm wood. It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known by the city manager to be infected or suspected of being infected, without having obtained a permit from the city manager. The city manager shall grant such permits only when the purposes of this article will be served thereby. Sec. 38-38. Interference with performance of duties imposed by article. It is unlawful for any person to prevent, delay or interfere with the city manager while he is engaged in the performance of duties imposed by this article. Section 3. This section removes Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area) in its entirety. Portions of this Article have been moved to Chapter 18 (Environment) as noted in Section 4 below. Section 4. This section revises Chapter 18 (Environment) to include: 1. A new outline and reordering of Articles and Divisions within Chapter 18; 2. Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), Sections 12-247 and 12-248 (Purpose and Applicability) to include moving to Chapter 18, Article V, Division 1 (Generally). 3. Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), Sections 12-310 through 12-336 (Wetland and Streams) to include moving to Chapter 18, Division 2 (Wetlands and Streams). 4. Revisions to Chapter 18 (Environment), Article V (Environmental Preservation and Protection of Trees and Woodlands) to include moving to Chapter 18, Article V, Division 3 (Trees) and revising the language. 5. Revisions to Chapter 18 (Environment), article VII (Stormwater Management) to include moving to Chapter 18, Article V, Division 4 (Stormwater Management). 6. Revisions to Chapter 18 (Environment), Article VIII (Renewable Energy Systems) to include moving to Chapter 18, Article V, Division 5 (Renewable Energy). 7. Revisions to Chapter 18 (Environment), Article VI (Floodplain Ordinance) to include moving to Chapter 18, Article V, Division 6 (Flood Plain Overlay District). J3, Attachment 4 Packet Page Number 130 of 150 Page 4 of 20 8. Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), portions of Section 12-249 (Definitions), all of Section 12-308 (Slopes), and all of Section 12-309 (Erosion Control and Soils) to include moving to Chapter 18, Article V, Division 7 (Slopes and Erosion Control). 9. Revisions to Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), portions of Section 12-249 (Definitions), all of Section 12-307 (Scope) to include moving to Chapter 13, Article V, Division 8 (Mississippi Critical Area and Slopes). (Changes shown in blue - additions are underlined and deletions are stricken and shown in blue. Text moved from one area of the Code to another area of the Code shown in red.) Chapter 18 ENVIRONMENT Article III. In General Sec. 18-1 - 18-25. Reserved. Article IV. Nuisances Division 1. Generally Sec. 18-26 Unlawful to cause, create or commit. Sec. 18-27 Common law and statutory nuisances adopted by reference. Sec. 18-28 Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29 Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30 Public nuisances generally. Sec. 18-31 Nuisances affecting health, safety, comfort or repose. Sec. 18-32 Nuisances affecting morals and decency. Sec. 18-33 Nuisances affecting peace and safety. Sec. 18-34 Enforcement of article generally. Sec. 18-35 Continuing violations. Sec. 18-36 Notice to abate. Sec. 18-37 Abatement by council. Sec. 18-38 Abatement on premises. Sec. 18-39 Violations of article. Sec. 18-40 Loitering. Sec. 18-41 - 18-65. Reserved. Division 2. Abandoned Motor Vehicles Sec. 18-66 Purpose. Sec. 18-67 Definitions. Sec. 18-68 Violation. Sec. 18-69 Taking into custody and impoundment. Sec. 18-70 Certain vehicles declared nuisances; abatement; removal. J3, Attachment 4 Packet Page Number 131 of 150 Page 5 of 20 Sec. 18-71 Immediate sale of certain vehicles. Sec. 18-72 Additional remedies. Sec. 18-73 Police reports. Sec. 18-74 Notice to owner and lien holders. Sec. 18-75 Reclamation by owner or lien holder; preservation of lien rights. Sec. 18-76 Sale of vehicle. Sec. 18-77 Designation of pound keeper. Sec. 18-78 Bond of pound keeper. Sec. 18-79 Insurance of pound keeper. Sec. 18-80 Towing and storage charges generally. Sec. 18-81 Release of vehicle and service fee before vehicle towed away. Sec. 18-82 Abatement of towing and storage charges. Sec. 18-83 Release of vehicles. Sec. 18-84 Release form. Sec. 18-85 Police records. Sec. 18-86 - 18-110. Reserved. Division 3. Noise Control Sec. 18-111 Prohibition generally; exception. Sec. 18-112 Construction activities. Sec. 18-113 Enforcement. Sec. 18-114 -18-140. Reserved. Article III. Erosion and Sedimentation Control Sec. 18-115 Purpose. Sec. 18-116 Scope. Sec. 18-117 Erosion and sediment control plan. Sec. 18-118 Review of plan. Sec. 18-119 Modification of plan. Sec. 18-120 Escrow requirement. Sec. 18-121 Enforcement; penalty. Sec. 18-122 -18-175. Reserved. Article IX. Air Pollution Control Sec. 18-176 Short title. Sec. 18-177 State regulations adopted. Sec. 18-178 Approval required starting fire. Sec. 18-179 Penalties for violations. Sec. 18-180 -18-XXX. Reserved. Article X. Environmental Protection and Natural ResourcesCritical Areas Division 1. Generally. Move Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), Sections 12-247 and 12-248 (Purpose and Applicability) to this Division. Language as follows: J3, Attachment 4 Packet Page Number 132 of 150 Page 6 of 20 Purpose. The purpose of this article is to protect significant natural features which: 1. Preserve the natural character of neighborhoods. 2. Protect the health and safety of residents. 3. Protect water quality. 4. Prevent erosion or flooding. 5. Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. Applicability. 1. This article shall apply to any person or use that would alter a significant natural feature. 2. Public and semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this article, except that the city council may waive these requirements where there would be a greater public need for the project than to meet the requirements of this article. A public hearing shall be held before declaring such a waiver. The property owners within 350 feet of the site shall be notified at least ten days before the hearing. Division 2. Wetlands and Streams. Move Chapter 12, Art icle VII, Sections 12-310 to 12-336 (Wetlands and Streams) to Chapter 18, Division 2 (Wetlands and Streams) to this Division in its entirety. Division 3. Trees Revisions to Chapter 18, Article V (Tree Protection) to include moving to Chapter 18, Article V (Environmental Protection and Natural Resources), Division 3 (Trees) and revising the language as shown below. Also, revisions to Chapter 38 (Trees), Article II (Shade Tree Disease Control) to include moving to Chapter 18, Article V, Division 3 (Trees) and revising the language as shown below. (Changes shown in blue - additions are underlined and deletions are stricken.) Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures, reduce cooling costs, increase property values, provide scenic beauty, provide sound and visual buffers, and provide screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city thereby promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree preservation and protection regulations to assure the continuance of significant and specimen trees and woodlands for present and future generations which: J3, Attachment 4 Packet Page Number 133 of 150 Page 7 of 20 1. Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2. Ensure the health and wellbeing of Maplewood’s urban forest. 3 Protect the health and safety of residents. 4. Protect water quality and minimize storm water runoff. 5. Help prevent erosion or flooding. 6. Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 7. Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 8. Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9. Promote the planting of trees as outlined in the city’s Living Streets Policy. Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicant means developer, builder, contractor, or owner who applies for a woodlot alteration, land use, grading, or building permit. Caliper inch is a measurement used for nursery stock and in this ordinance refers to replacement trees. It is the unit of measurement for defining the diameter of the tree trunk measured six (6) inches above the soil surface for tree trunks four (4) diameter inches or less and measured twelve (12) inches above the soil surface for tree trunks greater than four (4) diameter inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forester means a forester who is employed by the city or appropriate agent or independent contractor designated by the city manager. Conifer Tree means a woody plant that is a member of the division Pinophyta and at maturity is at least twelve (12) feet or more in height. Conifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one conifer in our climate that drops its needles in the fall. Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a shade tree disease or pests. J3, Attachment 4 Packet Page Number 134 of 150 Page 8 of 20 Deciduous Tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter is a measurement used for trees in the landscape. It is the diameter of a tree trunk as measured at a height of four and one-half (4.5) feet above ground. To determine diameter, measure the circumference of the tree trunk at four and one-half (4.5) feet above ground and divide by 3.14. Environmental and Economic Development Department (EEDD) Director means the EEDD Director or an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city manager. Hardwood Deciduous Tree means all deciduous tree species except those listed as softwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail, and the city forester determines that such failure could cause property damage or personal injury. Invasive Species are species that are not native to Minnesota and cause economic or environmental harm or harm to human health. Major Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Native Prairie means a landscape or planting that consists predominantly of grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Shade Tree means a woody perennial that at maturity is at least fifteen (15) feet in height and grown primarily for aesthetic or environmental purposes. Shade Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the city council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in diameter for softwood deciduous trees, and specimen tree. Buckthorn or other noxious woody plants or trees as determined by the EEDD Director are not considered a significant tree species at any diameter. Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. J3, Attachment 4 Packet Page Number 135 of 150 Page 9 of 20 Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must have a life expectancy of greater than ten (10) years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no major insects, pathological problem, or defects. Specimen trees are valued for their size and their legacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Preservation Plan is a plan that shows all trees in the area to be developed or within the property. The plan shall include all significant and specimen trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree removal, mitigation, and replacement section of this ordinance and a proposed re-forestation landscape plan. The plan shall be developed by a forestry or horticultural professional whose qualifications are approved by the EEDD Director. Tree Standards is a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede city ordinances. Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Wetland as defined in the city’s wetland ordinance. Woodlot means a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant and/or specimen tree(s). Sec. 3. Standards. The EEDD Director and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4. Woodlot Alteration. 1. Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the EEDD Director for review prior to removal of any significant or specimen living trees on a woodlot that is not reviewed by another land use, grading, or building permit. The applicant shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the EEDD Director. An application fee shall be established yearly by the city council by resolution. Failure to submit a woodlot alteration permit application and gain subsequent approval prior to removal of significant and specimen trees will result in the total tree replacement for the property as outlined in the tree removal, mitigation, and replacement section to assume that all trees removed were significant and specimen trees. 2. Woodlot alteration permit appeal process. If the woodlot alteration permit is denied by the EEDD Director, the applicant may appeal the EEDD Director’s decision. The appeal J3, Attachment 4 Packet Page Number 136 of 150 Page 10 of 20 shall be submitted in writing, along with the reasons for the appeal, and received by the city in writing within fifteen (15) days of the EEDD Director’s written decision to deny the permit. The environmental and natural resources commission will review the appeal at its next available commission meeting. If the environmental and economic development commission denies the appeal, the applicant may appeal the environmental and economic development commission’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city within fifteen (15) days of the environmental and natural resources commission’s decision. The city council will review the appeal at its next available city council meeting for final decision of the appeal. Sec. 5. Tree Preservation Plan. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. 1. Tree preservation plan applicability. a. This ordinance shall apply to any applicant that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions. This includes all sites of new or redevelopment that contain significant and specimen trees or woodlots. Platting and adding new roadway and right-of- way are subject to this ordinance. b. The following are exceptions and are exempt from the requirements of the tree preservation plan: a. Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). b. Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. c. Emergency removal of a tree(s) to protect public health. d. Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. e. Commercial tree nursery and landscape operations. f. Removal of dead or dying trees, unless those trees were planted as part of tree replacement in which case they shall be replaced based on the approved plan. g. Removal of nonnative trees that the city deems invasive species. 2. Tree preservation and safeguarding tree measures. J3, Attachment 4 Packet Page Number 137 of 150 Page 11 of 20 a. All developments within the city shall be designed to preserve significant and specimen trees and woodlots, where such preservation would not adversely affect the public health, safety, or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant and specimen trees subject to the limitations as defined in this ordinance. This decision shall be based on, but not limited to, the following criteria: a. Size of trees. b. Size of lot. c. Species, health, and attractiveness of the trees, including: 1) Sensitivity to disease. 2) Life span. 3) Nuisance characteristics. 4) Sensitivity to site grading. 5) Potential for transplanting. 6) Need for thinning a woodlot. 7) Effects on the functioning of a development. 8) Fragmentation of wooded area and effects on wildlife corridors. 9) The public health, safety, and welfare. 10) Effect on wetlands and/or watershed. 11) Native prairie or oak savanna habitat. b. If any significant or specimen tree designated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the EEDD Director or city forester that the damaged tree(s) will not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree replacement outlined in the tree removal, mitigation, and replacement section below. 3. Tree removal, mitigation, and replacement. a. Tree removal calculation: If less than twenty percent (20%) of the total significant or specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant and specimen tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. If twenty percent (20%) or more total significant and specimen tree diameter inches are removed, applicant shall mitigate all significant and specimen diameter inches using the tree mitigation/replacement schedule in accordance with the following formulas: A = Total diameter inches of significant trees lost as a result of the land alteration (includes significant and specimen trees) B = Total diameter inches of significant trees situated on the property (includes significant and specimen trees) C = Tree replacement constant (1.5) D = Total diameter inches of specimen trees saved* J3, Attachment 4 Packet Page Number 138 of 150 Page 12 of 20 E = Replacement trees (number of caliper inches) [((A/B -0.2) x C) x A] – [D/2] = E *Applicant receives credit for each one (1) diameter inch of specimen tree saved at a rate of ½ (.5) diameter inches. Example A = 94 B = 234 C = 1.5 D = 28 E = 14 caliper inches [((94 /234 – 0.2) x 1.5) x 94] – [28/2] = 14 caliper inches The trees required to be replaced pursuant to this ordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b. Tree mitigation: Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree replacement requirements as outlined in the Tree Standards and tree preservation plan. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the EEDD Director can approve tree replacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit. c. Tree replacement requirements: The applicant shall follow tree replacement requirements as outlined in the Tree Standards. d. Tree replacement escrow: The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit, as outlined in the Tree Standards. Sec. 6. Diseased and Hazardous Trees. 1. Findings and declaration of purpose. The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees can cause property damage or personal injury. The loss of trees, ill health of trees, or presence of hazardous trees on public and private property depreciates the value of property within the city and impairs the safety and general welfare of the public. In addition to, and in accordance with, Minnesota Statutes, sections 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 2. Declaration of a shade tree pest. J3, Attachment 4 Packet Page Number 139 of 150 Page 13 of 20 The EEDD Director or city forester may declare any vertebrate or invertebrate animal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest as defined by Minnesota Statute, section 89.001. 3. Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4. Inspection. a. The EEDD Director and city forester shall have the ability and authority to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. b. The EEDD Director and city forester may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5. Abatement of shade tree pest nuisances. a. The EEDD Director or city forester shall notify in writing the owner of record or occupant of the premise that a public nuisance exists. The notice shall specify the measures to be taken to abate the nuisance and shall specify that the nuisance shall be abated within a reasonable amount of time, not less than ten (10) days from the date of mailing. b. If the owner fails to comply with the removal or control measures specified for the hazard tree, infested tree, or wood on his/her property as outlined in this ordinance and the Tree Standards, and within the time specified, the EEDD Director or city forester may order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner. If the bill is not paid within thirty (30) days, the city shall assess the costs to the property. 6. High-cost abatement. If the cost of abating a nuisance from a shade tree pest will exceed five thousand dollars ($5,000) in a given year or in two consecutive years, based on a reasonable, good faith estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearing as outlined in the Tree Standards. This does not apply to hazardous trees. 7. Emergency abatement. Nothing in this ordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Sec. 7. Enforcement. J3, Attachment 4 Packet Page Number 140 of 150 Page 14 of 20 The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. All land use, building, and grading permits shall be suspended until the applicant has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. The city reserves the right to inspect the site or property at any reasonable time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. Division 4. Stormwater Management. Move Chapter 18, Art icle VII (Stormwater Management) to this Division in its entirety. Division 5. Renewable Energy. Move Chapter 18, Article VIII (Renewable Energy) to this Division in its entirety. Division 6. Flood Plain Overlay District Move Chapter 18 (Environment), Article VI (Floodplain Ordinance) to this Division in its entirety. Division 7. Slopes and Erosion Control Move Chapter 12, Article VII, Division VII, portions of Section 12-249 (Definitions), all of Section 12-308 (Slopes), and all of Section 12-309 (Erosion control and soils) to this Division. Language as follows: Definitions. Direct drainage means drainage into a protected water without an intervening pond or wetland. Erosion means the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil loss means the average annual total amount of soil material carried from one acre of land by erosion. Pipeline means an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Retaining wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Sediment means suspended matter carried by water, sewage or other liquids. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substation means any utility structure, other than lines, pipelines, poles or towers. J3, Attachment 4 Packet Page Number 141 of 150 Page 15 of 20 Terrace means a relatively level area bordered on one or more sides by a retaining wall. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetation means all plant growth, especially trees, shrubs, mosses or grasses. Water body means any lake, stream, pond, wetland or river. Slopes 1. No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. 2. In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 3. No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: a. Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. b. The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c. The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. d. The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 4. The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: a. The degree of alteration of the slope; and b. The importance of the slope to the character of the area. 5. All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: a. Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. b. The construction of aboveground pumping stations. J3, Attachment 4 Packet Page Number 142 of 150 Page 16 of 20 c. Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. d. All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1) Retaining walls or terrace contours in excess of four feet in height shall have a fence. 2) Construction materials shall be subject to community design review board approval. 6. The requirements of this section shall not apply in the following situations: a. Where a slope has been substantially altered by prior excavation or filling. b. Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). c. Where earth-sheltered homes are proposed. Erosion control and soils. 1. All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. 2. Construction shall not be allowed where there are soil problems, including but not limited to soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. 3. Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 4. A development shall be located to minimize the removal of vegetation and alteration of the natural topography. 5. Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Division 8. Mississippi Critical Area and Slopes. Move Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area), portions of Section 12-249 (Definitions), all of Section 12- 307 (Scope) to this Division. Language as follows: J3, Attachment 4 Packet Page Number 143 of 150 Page 17 of 20 Definitions Bluffline means a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical area means the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Protected water, formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Significant water body means a water body shown on the city drainage plan or a water body over one acre in area. Structure means any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant natural feature means a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slope means a natural slope of 25 percent or more grade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Generally. 1. Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city's comprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. 2. The proposed development shall not lessen existing public access to and along a protected water. 3. The proposed development shall be designed, constructed and maintained to avoid causing: a. Erosion. b. Pollution, contamination or siltation of water bodies or storm sewers. c. Flooding. d. Groundwater contamination. e. Alteration of significant natural features. 4. Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 5. Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. J3, Attachment 4 Packet Page Number 144 of 150 Page 18 of 20 Section 5. This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. (Changes in blue - additions are underlined and deletions are stricken.) Sec. 12-207. General types of work. Before any person shall engage in the business of doing or performing the following types of work in the city he or she shall first obtain a license or register to do so as provided in this ordinance: 1. Cement work, cement blockwork, cement blocklaying or brickwork. 2. General construction, including erection, alteration or repair of buildings. 3. The moving or wrecking of buildings. 4. Plastering, outside stucco work or lathing. 5. Plumbing, including installation of outside sewage disposal plants. 6. Heating. 7. Gas installation, including heating, appliances, devices or machinery, etc. 8. Well drilling. 9. Roofing. 10. Sign and billboard erecting. 11. Excavators for basements, foundations, grading of lots, etc. 12. Cesspool and private sewer disposal installers. 13. Sodding and landscaping. 14. Tree service (pruning, removal, treatment, or care). 15. Elevators. Sec. 12-208. Application for and issuance of license; license fees; registration required. 1. Application for any license required by section 12-207 shall be filed with the city clerk on the appropriate form furnished by the city. Any license required by section 12-207 shall be issued by the city clerk. 2. The license fee for any license required by section 12-207 shall be imposed, set, established and fixed by the city council, by resolution, from time to time. 3. Plumbers, building movers or other crafts, which are licensed by the state and which the city is prohibited from licensing, who undertake to perform work and obtain permits within the city shall first register with the city clerk and shall provide proof of public liability insurance as required by this ordinance. Such state-licensed contractors shall also provide any additional insurance or indemnity bond required by the city council by resolution to protect property of the city when such work is being done in or upon any city street or other public right-of-way or upon any of the city-owned utilities located in such street or right-of-way. Sec. 12-209. Duration of licenses; consequences of nonrenewal. 1. All licenses issued under section 12-208 shall expire on December 31 following the date of issuance, unless sooner revoked or forfeited. J3, Attachment 4 Packet Page Number 145 of 150 Page 19 of 20 2. If a license granted under section 12-208 is not renewed prior to its expiration, all rights granted by such license shall cease, and any work performed after the expiration of the license shall be in violation of this Code. Sec. 12-210. Liability insurance. Any person applying for any license enumerated in section 12-207 shall file with the city clerk a certificate to the effect that public liability and property damage insurance is in force and shall remain and be in force and effect during the entire term of such license and shall contain a provision that such insurance shall not be cancelled without ten days' written notice to the city. Public liability insurance shall not be less than $25,000.00 for injuries, including accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage insurance in the amount of not less than $5,000.00 on account of damage to any one party and not less than $25,000.00 on account of any one accident. As to gas installers, such public liability insurance shall be for not less than $25,000.00 for injuries, including accidental death, to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on account of any one accident and property damage in the amount of not less than $25,000.00. No license shall be issued until such certificate of insurance shall have been filed and approved by the city clerk. Sec. 12-211. Renewal of license after expiration date. Any person renewing his license under section 12-208 after the expiration date shall be charged the full annual license fee. No prorated license fee shall be allowed for renewals. Sec. 12-212. Work covered under license issued to general contractors; requirements of subcontractors. 1. A license granted under section 12-207 to a general contractor shall include the right to perform all of the work included in his general contract. Such license shall include any or all of the persons performing the work which is classified and listed in section 12-207, providing that each person performing such work is in the regular employ of such general contractor and qualified under state law and this Code to perform such work. In these cases, the general contractor shall be responsible for all of the work so performed. 2. Subcontractors on any work classified and listed in section 12-207 shall be required to comply with the sections of this Code pertaining to license, bond, qualifications, etc., for their particular type of work. Sec. 12-213. Qualifications for licenses. Except as otherwise provided by law, each applicant for a license under section 12-208 shall satisfy the city council that he is competent by reason of education, special training, experience and that he is equipped to perform the work for which a license is requested in accordance with all state laws, city ordinances and this Code. Sec. 12-214. Exemptions for homeowners. A homeowner in the city shall have an exemption, utilized no more often than once every five years, from needing the license for doing or performing any of the various types of work on his own home for which a license is required in section 12-207. J3, Attachment 4 Packet Page Number 146 of 150 Page 20 of 20 Sec. 12-215. Special licenses for certain work. The council may, by resolution, provide for any special licenses and set the fees for any work or services pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the council deems in its discretion that the licenses provided for in section 12-207 do not properly pertain to the work or service to be covered by such licenses. Sec. 12-216. Sewer installer licenses. . . . . Sec. 12-217. Sign installer licenses. . . . . Sec. 12-218. Tree service company licenses. 1. No person for hire shall fell, cut, or trim any tree in the city, or engage in the business of so doing, without a license. This shall apply only to the felling, cutting, or trimming of trees, limbs, and branches which are two (2) inches or more in diameter at the point of cutting or severance. 2. All licensees performing work under this chapter shall comply with the American National Standards Institute (ANSI) Standard A300, parts 1 through 9. Effective within one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). J3, Attachment 4 Packet Page Number 147 of 150 MEMORANDUM TO: City Council Melinda Coleman, City Manager FROM: Mike Funk, Assistant City Manager / HR Director DATE: November 16, 2015 SUBJECT: City Manager Performance Evaluation a.Intent to Close Meeting (§13D.05 subd. 3a) Introduction The purpose of this agenda item is to review the City Manager Performance for the service period of November 10, 2014 through current. Background Ms. Coleman was appointed City Manager on November 10, 2014. On February 10, 2015, the City of Maplewood and Ms. Coleman entered into an Employment Agreement. According to the City of Maplewood Personnel Policies performance reviews should be scheduled on a regular basis, at least annually. Given the timing before two (2) new City Council members begin serving in January 2016, it is appropriate for the five (5) current members of the City Council to evaluate Ms. Coleman’s performance. Minnesota State Statute 13D.05 subd. 3a allows a public body to close a meeting to evaluate the performance of an individual who is subject to its authority. The public body shall identify the individual to be evaluated prior to closing a meeting. Ms. Coleman has the option to keep the meeting open, however, no request has been made at this time. At its next open meeting, the public body shall summarize its conclusions regarding the evaluation. Budget Impact Section 4 of the Employment Agreement between Ms. Coleman and the City of Maplewood states, “The city agrees to increase Coleman’s salary and/or other financial benefits in such amounts and to such extent as the City Council may determine is desirable on the basis of an annual salary review. Adjustments are to be made on her anniversary date of February 6th of each calendar year…” Salary data and external market comparisons will be presented for discussion. Recommendation Procedurally, it is recommended the City Council close the regular meeting and go into a closed meeting to discuss the City Manager’s performance. The City Council shall come out of closed J4 Packet Page Number 148 of 150 session to summarize conclusions and take action, by motion, to approve an adjustment in salary/benefit. Attachments Information and handouts will be provided at the meeting. J4 Packet Page Number 149 of 150 MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: November 17, 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. December 1st a. Council Tour of 3M Research and Development Facility, meet at 3M at 3 pm 2. December 14th a. City Council Meeting – 2016 Budget Hearing and Adoption 3. December 21st a. Farewell Reception for Councilmembers Cardinal and Koppen at 6 pm b. City Council Meeting – 2016 Budget Hearing Continued, if needed Budget Impact None. Recommendation No action required. Attachments None. M1 Packet Page Number 150 of 150