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Home My WebLink About2016 03-14 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 14, 2016 City Hall, Council Chambers Meeting No. 05-16 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 February 22, 2016 City Council Workshop Minutes 2. Approval of February 22, 2016 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update b. Shop, Ship and Share Presentation by Dan Williams 2. Council Presentations 3. Approval of 2015 Parks and Recreation Commission Annual Report 4. Approval of 2015 Community Design Review Board Annual Report 5. Approval of 2015 Housing and Economic Development Commission Annual Report 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 to Accept Donations to the National Fire Safety Council, Inc. for the Purchase of Fire Education Literature 3. Approval to Authorize Purchase of Bituminous Materials for 2016 4. Approval to Authorize Ramsey County to Perform 2016 Street Striping 5. Approval of Resolution Approving Final Payment and Acceptance of Project, TH 36/English Street Interchange Improvements, City Project 09-08 6. Approval of 2016 – 2017 Service Agreement Between City of Maplewood and National Financial Partners (NFP) 7. Approval of a Temporary Lawful Gambling – Local Permit for the Carver Elementary PTO, 2680 Upper Afton Road 8. Approval to Enter Into Agreement with North Suburban Access Corporation for Webcasting Services 9. Approval of a Memorandum of Understanding (MOU) for Participation in the Ramsey County Sherriff Swat Team 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. 10. Approval of a Master Agreement Between the City of Maplewood and the Minnesota State Court System H. PUBLIC HEARINGS 1. Bellaire Avenue Street Improvements, Project 15-16 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution of Concurrence for Award of Bid 2. Beebe Road Street Improvements, Project 13-10 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract 3. Lakewood-Sterling Street Improvements, Project 15-11 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Consider Approval of Penalties for Alcohol Compliance Failures 2. Consider Approval of an On-Sale Wine and 3.2% Malt Liquor License for Indian Masala Restaurant, 27 Century Ave N 3. Consider Approval of an On-Sale Intoxicating Liquor License for Tokyo Sushi All You Can Eat, 1935 Beam Avenue 4. Consideration of Revisions to City Code Changing from Odd to Even Year Elections 5. Consider Approval of a Resolution Authorizing the Vacation of a Public Utility and Drainage Easement, 2115 Lydia Avenue (Requires 4 Votes) 6. Consider Approval of a Resolution Authorizing a Wetland Buffer Variance, 2214 Woodlynn Avenue 7. Consider Approval of a Resolution Authorizing a Conditional Use Permit, Galilee Lutheran Church Community Garden, 1958 Rice Street K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADJOURNMENT E1 February 22, 2016 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:30 P.M. Monday, February 22, 2016 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 6:34 p.m. by Mayor Slawik. B. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present C. APPROVAL OF AGENDA Councilmember Abrams moved to approve the agenda as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Kid City Project Update Recreation Manager Robbins gave the staff report. Z Puppets Rosenschnoz staff Amelia Brown and Chris Griffith addressed the council to give the update on the Kid City Project. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 7:01 p.m. Packet Page Number 1 of 186 E2 February 22, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, February 22, 2016 City Hall, Council Chambers Meeting No. 04-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:06 p.m. by Mayor Slawik. Mayor Slawik read an article from the Lillie Newspaper entitled “Remembering Anna” in remembrance of Anna Hurd who was murdered in Hillside Park in 2013. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: a. Energize Maplewood b. League of Women Voter’s Meeting c. Racial Equity Project d. Communication Committee e. Maplewood Hill Grant Opening f. Elections Research g. Housing and Economic Development Commission h. Maplewood Nature Center – Bears i. Vice President Visit Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. Approval of February 8, 2016 City Council Workshop Minutes Councilmember Abrams moved to approve the February 8, 2016 City Council Workshop Packet Page Number 2 of 186 E2 February 22, 2016 2 City Council Meeting Minutes Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Approval of February 8, 2016 City Council Meeting Minutes Councilmember Abrams moved to approve the February 8, 2016 City Council Meeting Minutes as submitted. Seconded by Councilmember Xiong Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the Council calendar. 2. Council Presentations a. Energize Maplewood Councilmember Juenemann reminded everyone about the Energize Maplewood Team Challenge that is taking place until the end of May and encouraged everyone to sign up by the end of February. b. League of Women Voter’s Meeting Councilmember Juenemann reported on the League of Women Voter’s Forum she attended in Little Canada last week. c. Attention to the Racial Equity Project Councilmember Abrams reported that the Racial Equity Project will be on the Consent Agenda on the June 13th Council meeting. d. Communication Committee Councilmember Abrams followed up to the Communication Committee presentation she gave during the last meeting. e. Maple Hills Grand Opening Councilmember Abrams reported on the grand opening for the Maple Hills Senior Living facility she attended. Packet Page Number 3 of 186 E2 February 22, 2016 3 City Council Meeting Minutes f. Elections Research Councilmember Abrams requested that staff look into what steps would need to be taken in order to move our municipal elections from odd to even years. Staff was directed to place the item on the next agenda. g. Housing and Economic Development Commission Councilmember Abrams reported on the Housing and Economic Development business retention program that is being discussed at the HEDC meetings. h. Maplewood Nature Center – Bears Mayor Slawik thanked the Friends of Maplewood Nature Center for hosting the adult Nature Program about Bears - Black, Brown and Polar by Stan Tekiela that was held at the Maplewood Performing Arts Theatre, Maplewood Community Center. i. Vice President Visit Mayor Slawik reported that she and Councilmember Smith went to the Union Depot in St. Paul and saw Vice President Joe Biden. Councilmember Smith provided additional information. Mayor Slawik reported that some City staff members are participating in a Racial Equity Course and she is participating as an elected official. Police Chief Schnell provided additional information about the course. 3. Approval of 2015 Heritage Preservation Commission Annual Report Heritage Preservation Commissioner Brenda Rudberg gave the report and answered questions of the council. Councilmember Juenemann moved to approve the 2015 Heritage Preservation Commission Annual Report. Seconded by Councilmember Xiong Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Abrams requested item G9 be voted on separately. Councilmember Juenemann moved to approve consent agenda items G1-G8 and G10-G13. Seconded by Councilmember Smith Ayes – All The motion passed. 1. Approval of Claims Packet Page Number 4 of 186 E2 February 22, 2016 4 City Council Meeting Minutes Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 331,124.66 Checks #96719 thru #96771 dated 01/26/16 thru 02/02/16 $ 280,469.80 Disbursements via debits to checking account dated 01/25/16 thru 01/29/16 $ 103,252.99 Checks # 96772 thru # 96805 dated 02/09/16 $ 6,442,952.74 Disbursements via debits to checking account dated 02/01/16 thru 02/05/16 $ 343,508.66 Checks #96806 thru # 96857 dated 02/10/16 thru 02/16/16 $ 252,854.06 Disbursements via debits to checking account dated 02/08/16 thru 02/12/16 $ 7,754,162.91 Total Accounts Payable PAYROLL $ 707,168.61 Payroll Checks and Direct Deposits dated 01/29/16 $ 1,622.98 Payroll Deduction check # 99102023 thru # 99102026 dated 01/29/16 $ 534,129.13 Payroll Checks and Direct Deposits dated 02/12/16 $ 1,310.03 Payroll Deduction check # 99102051 thru #99102053 dated 02/12/16 $ 1,244,230.75 Total Payroll $ 8,998,393.66 GRAND TOTAL Seconded by Councilmember Smith Ayes – All The motion passed. 2. Approval of the 2016 Spring Clean Up Event Councilmember Juenemann moved to approve the 2016 Spring Clean Up Event scheduled for Saturday, April 23 from 8 a.m. to 1 p.m. at Aldrich Arena, 1850 White Bear Avenue. Seconded by Councilmember Smith Ayes – All The motion passed. Packet Page Number 5 of 186 E2 February 22, 2016 5 City Council Meeting Minutes 3. Approval of Grant Proposal for Restoration at Prairie Farm Preserve Councilmember Juenemann moved to approve the Parks and Recreation Director apply for a Conservation Partners Legacy grant for Prairie Farm Pollinator Habitat. Seconded by Councilmember Smith Ayes – All The motion passed. 4. Approval to Submit Grant Proposal to the Minnesota State Arts Board for Kid City Project Councilmember Juenemann moved to approve the City Manager and staff make a grant application to the Minnesota State Arts Board in the amount of $145,247 with the 10% grant matching component. Seconded by Councilmember Smith Ayes – All The motion passed. 5. Approval of Agreement for Use of Harvest Park for the 2016 Susan G. Komen Twin Cities 3-Day Event Councilmember Juenemann moved to approve the Use Agreement of Harvest Park for the 2016 Susan G. Komen Twin Cities 3-Day Event scheduled for August 19-21. Seconded by Councilmember Smith Ayes – All The motion passed. 6. Approval of a Temporary Lawful Gambling – Local Permit for the Minnesota Waterfowl Association East Metro Chapter, 1946 English St Councilmember Juenemann moved to approve the temporary Lawful Gambling permit for Minnesota Waterfowl Association East Metro Chapter for their East Metro Chapter Banquet on April 14th, 2016 at 1946 English Street, Maplewood and acknowledge the application for the Exempt Permit and waive any objection to the timeliness of said permit, as governed by MN Statute §349.166. Seconded by Councilmember Smith Ayes – All The motion passed. 7. Approval of Joint Powers Agreement with Ramsey County for Voting Systems and Approval of Use in 2016 Councilmember Juenemann moved to approve the Joint Powers Agreement (JPA) with Ramsey County for Election Equipment Acquisition and Operation authorizing the City Manager and the City Clerk to sign and execute the agreements and naming the City Clerk the project implementation liaison with the County and authorizing the use of the new voting systems beginning in the 2016 election cycle. Packet Page Number 6 of 186 E2 February 22, 2016 6 City Council Meeting Minutes Seconded by Councilmember Smith Ayes – All The motion passed. 8. Approval of Contract with Pyrotechnic Display Inc. for July 4th Event Councilmember Juenemann moved to approve the 2016 contract for the July 4th event in the amount of $15,000 and authorizes the City Clerk to sign and manage the same. Seconded by Councilmember Smith Ayes – All The motion passed. 9. Approval of Joint Powers Agreement with the City of North St. Paul Defining Maintenance Responsibilities on Borderline Streets Councilmember Juenemann moved to approve the Joint Powers Agreement with the City of North St. Paul Defining Maintenance Responsibilities on Borderline Streets. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Member Juenemann, Smith and Xiong Abstain – Councilmember Abrams The motion passed. 10. Approval of Resolution Accepting Assessment Roll and Ordering Assessment Hearing for March 14, 2016, Beebe Road Street Improvements, Project 13-10 Councilmember Juenemann moved to approve the resolution for the Beebe Road Street Improvements, City Project 13-10, Accepting Assessment Roll and Ordering Assessment Hearing. Resolution 16-02-1317 Accepting Assessment Roll and Ordering Assessment Hearing WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Beebe Road Street Improvements, City Project 13-10, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of March 2016, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. Packet Page Number 7 of 186 E2 February 22, 2016 7 City Council Meeting Minutes The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Smith Ayes – All The motion passed. 11. Approval of Resolution Accepting Assessment Roll and Ordering Assessment Hearing for March 14, 2016, Lakewood-Sterling Area Street Improvements, Project 15-11 Councilmember Juenemann moved to approve the resolution for the Lakewood-Sterling Street Improvements, City Project 15-11, Accepting Assessment Roll and Ordering Assessment Hearing. Resolution 16-02-1318 Accepting Assessment Roll and Ordering Assessment Hearing WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Lakewood-Sterling Street Improvements, City Project 15- 11, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of March 2016, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Smith Ayes – All The motion passed. 12. Acceptance of Proposal and Approve Authorization to Contract with S&S Tree and Horticultural Specialists, Inc. as the City’s Contract Forester Councilmember Juenemann moved to approve the proposal and enter into a contract with S&S Tree and Horticultural Specialists, Inc. as the City’s Contract Forester and authorize the Mayor and City Manager to sign the contract with S&S Tree and Horticultural Specialists, Inc. upon finalization by the City Attorney (in coordination with the city Natural Resources Packet Page Number 8 of 186 E2 February 22, 2016 8 City Council Meeting Minutes Coordinator) and that said contract include a clause to allow for extensions. Seconded by Councilmember Smith Ayes – All The motion passed. 13. Approval of Racial Equity Project “Needs Assessment” Workplan and Agreement Between Wilder Research and the City of Maplewood Councilmember Juenemann moved to approve the work plan and agreement between the City of Maplewood and the Research Division of Wilder Foundation. Seconded by Councilmember Smith Ayes – All The motion passed. H. PUBLIC HEARINGS None I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. Consider Approval of Penalties for Tobacco Compliance Failures Citizen Services Director/City Clerk Haag gave the staff report and answered questions of the council. Police Chief Schnell answered additional questions of the council. Councilmember Juenemann moved to approve staff recommendation with the exception of Arnie’s Market and Knowlan’s Supermarket stating that Arnie’s Market is out of business and Knowlan’s was under previous management and as a result of the compliance failure opted to not have a tobacco license. The remaining failures will be penalized recommended by staff. ORGANIZATION NAME AMOUNT Arnie’s Market $ 0 Big Discount Liquor $ 250 Flemings Auto Service $ 500 Knowlan’s Supermarket $ 0 Lancer at Ediburgh, Keller Golf Course $ 250 Maplewood Tobacco Outlet $ 250 Stokkes Meat Market $ 250 Seconded by Councilmember Abrams Ayes – All The motion passed. Packet Page Number 9 of 186 E2 February 22, 2016 9 City Council Meeting Minutes K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. 1. Bob Zick, North St. Paul Resident 2. Tim Kinley, Maplewood Resident M. ADJOURNMENT Mayor Slawik adjourned the meeting at 8:50 p.m. Packet Page Number 10 of 186 F1a MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: March 8, 2016 SUBJECT: Council Calendar Update Introduction/Background This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. No action is required. Upcoming Agenda Items & Work Session Schedule 1. March 21st a. Executive Workshop: 2 – 8 pm 2. March 28th a. Workshop: Emergency Management Plan Review, Update on Fire/EMS Work Group 3. April 11th a. Workshop: Ashland Productions / MCC Theater Overview 4. April 25th a. Workshop: Discuss Park Improvement Plan, Update on Fire/EMS Work Group Budget Impact None Recommendation No action required. Attachments None Packet Page Number 11 of 186 MEMORANDUM TO: City Council FROM: Lois Knutson, Senior Administrative Assistant DATE: March 8, 2016 SUBJECT: Ship, Shop and Share Presentation by Dan Williams Introduction & Background Dan Williams will be giving a presentation on the Ship, Shop and Share program. Budget Impact None. Recommendation No action required. Attachments None. F1b Packet Page Number 12 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Terri Mallet, Chair of the Parks and Recreation Commission DATE: February 17, 2016 SUBJECT: 2015 Parks and Recreation Commission Annual Report Introduction Maplewood City Code requires the Parks and Recreation Commission to prepare an annual report for submittal to City Council. The following is a report of actions and activities of the Parks a nd Recreation Commission in 2015. 2015 Goals In 2015, the Commissions main goal was to work with the City Council on the implementation of the Parks System Master Plan. Although discussions on this began in 2015 thi s will be a carryover to 2016. The Commission will be working with staff to develop an implementation strategy to bring to Council that meets the goals the residents set in the Plan. Included in this will be a prioritization strategy for improvements. 2015 Accomplishments 1. Adoption of the Parks System Master Plan. 2. Replacement of the playground at Playcrest Park 3. Installation of a public art project at Joy Park 4. Completion of the Gladstone Savanna Phase 2 5. Completion of the County Road B Safe Routes To School Trail 6. Effectively worked with the county on a partnership to bring Tuj Lub to the Community In addition, the Parks and Recreation Commission weighed in on: 1. General open space and nature center updates 2. Maplewood Nature Center Updates 3. Maplewood Community Center Updates 2015 Membership Review and Current Roster In 2015, Parks and Recreation Commission membership had some changes throughout the year. The current Parks and Recreation Commission Members are: Name Appointed Terms Expire Rick Brandon 11/14/2013 4/30/2016 Craig Brannon 1/1/1997 4/30/2017 Packet Page Number 13 of 186 F3 Ron Cockriel 2/11/2013 4/30/2016 Terri Mallet 2/11/2013 4/30/2017 Dorothy Molstad 9/14/2015 4/30/2018 Russell Susag 8/10/2015 4/30/2018 Nikki Villavicencio 10/14/2013 4/30/2017 2015 Review and Anticipated 2016 Goals Many much needed improvements were made to our Parks Syste m in 2015 including the adoption of the Parks System Plan. Although the Commission and staff did not meet the ultimate goal of Parks Plan Implementation, the Commission feel the progress made in addressing safety with the safe routes to school grant, continuation of the playground replacement and maintenance plan, installation of a Public Art, and working on the culturally significant Tuj Lub courts all accomplish significant goals located within the Parks System Plan. In 2016 the Parks and Recreation Commission has identified the following goals: 1. Continue to work on and put specific details to the Parks System Plan. 2. Create a yearly PRC calendar. The purpose of this is to ensure the Commission receives quarterly updates from a different area of Parks and Recreation. 3. Work with staff to identify and solicit grant funding and partnerships for a 2017 trail project. 4. Implement the plans identified in the Maintenance and Reinvestment portion of the Parks System Plan. 5. Be more aggressive in addressing the littering issue within our parks. Summary The Parks and Recreation Commission looks forward to serving the City of Maplewood in 2016 and providing the City Council with advice and guidance on all issues related to Parks and Recreation. Budget Impact None Recommendation Staff recommends the approval of the Parks and Recreation C ommission’s 2015 Annual Report. Packet Page Number 14 of 186 F3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Bill Kempe, Community Design Review Board Chair DATE: February 23, 2016 SUBJECT: Approval 2015 Community Design Review Board Annual Report Introduction Annually the community design review board (CDRB) reports the board’s actions and activities for the city council for the previous year. In 2015, the CDRB reviewed the following 18 items during its 8 meetings: Type of Proposal # Reviewed New Development Proposals 3 1. Design Review, Tuj Lub Courts, Keller Regional Park (February 24, 2015) 2. Design Review, Conifer Ridge Apartments, County Road D East, Between Hazelwood Street North and Kennard Street (August 25, 2015) 3. Design Review, Porsche of St. Paul, 2450 Maplewood Drive (October 27, 2015) Expansions/Remodels/Revisions 9 1. Design Review, Porsche of Maplewood remodel, 2780 Maplewood Drive (March 24, 2015) 2. Design Review, Kline Volvo Expansion, 3040 Maplewood Drive (May 27, 2015) 3. Design Review, Beam Avenue Medical Building, 2001 Beam Avenue (May 27, 2015) 4. Design Review, Shores at Lake Phalen, Parking Lot, 1870 East Shore Drive (July 28, 2015) 5. Comprehensive Sign Plan, HealthEast, 1600 St, John’s Boulevard (July 28, 2015) 6. Design Review, Minnesota Women’s Care Clinic expansion, 2603 White Bear Avenue (July 28, 2015) 7. Design Review, Xcel Energy’s Kohlman Lake Substation Security Improvements, 1480 County Road D East (October 27, 2015) F4 Packet Page Number 15 of 186 8. Design Review, Maplewood Auto Mall, 2529 White Bear Avenue (November 24, 2015) 9. Design Review, Costco Expansion, 1431 Beam Avenue (December 22, 2015) Special Projects and Presentations 6 1. 2014 CDRB Annual Report (February 24, 2015) 2. 2014 Code Enforcement Year-End Report (February 24, 2015) 3. Maplewood Parks System Plan (February 24, 2015) 4. Election of Officers (March 24, 2015) 5. Promoting Civility in Public Meetings and Parliamentary Procedures (November 24, 2015) 6. MnDOT Discussion Regarding I-35E Vegetation (December 22, 2015) Total 18 Comparative Information Year Number of Items Reviewed 2005 27 2006 33 2007 27 2008 15 2009 18 2010 20 2011 25 2012 28 2013 21 2014 14 2015 18 F4 Packet Page Number 16 of 186 Membership The CDRB consists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved by the city council. The current membership is as follows: Board Member Membership Began Term Expires Attendance Ananth Shankar 8/8/94 4/30/16 7 of 8 Leo Burger 2/11/13 4/30/16 7 of 8 Matt Ledvina 3/10/97 4/30/17 6 of 8 Jason Lamers 5/26/09 4/30/18 5 of 8 Bill Kempe 2/11/13 4/30/18 8 of 8 Members Lamers and Kempe terms were up for reappointment in 2015. Both were re-appointed to the board on April 27, 2015. On March 24, 2015, Bill Kempe was elected chair by the board and Matt Ledvina was elected vice- chair. Discussion 2015 Actions/Activities In 2015, the CDRB reviewed 18 items, a slight increase from the previous year. In 2015, the CDRB reviewed an increased number of new development, remodels/revisions/expansions, and special projects and presentations in 2015, compared to 2014. The CDRB also reviewed 16 additional projects via the 15-day minor construction review process. In 2016, the CDRB expects to review a similar number of projects. In 2015, the CDRB reviewed mainly commercial projects – most notably the Conifer Ridge Development as a part of the Legacy Village planned unit development. The CDRB has consistently demonstrated keen interest and skill in their reviews of these development projects to ensure they are of the quality of design and materials that complement the surrounding areas and improves a site’s aesthetics. The reason for the rise in redevelopment and remodel projects is that the city has seen the amount of vacant land available for new developments diminish. In addition, several other projects that occurred in 2015 were smaller in nature allowing city staff to process many of the city’s remodels and additions as 15-day reviews, as allowed by code, rather than the more formal review by the CDRB. Because of the developed nature of the city, many of the new commercial and residential developments reviewed by the CDRB are either redevelopment of existing buildings or in-fill development. F4 Packet Page Number 17 of 186 2016 Activities In addition to its design review duties, the CDRB lists these potential activities for 2016: 1. The CDRB has a strong desire to work on broader design-related policy issues for the city; the CDRB does not have to be just a reactive group. 2. Continue having in-service training sessions for the CDRB. Specifically, the CDRB would like to have the building official attend a meeting to discuss the city’s green building code efforts and explore developing an approved materials list to help guide development better from an architecture point of view. 3. Continue developing policy guidelines for vegetation use along public rights-of-way. Conclusion In 2016, the CDRB will continue its dedication to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. Budget Impact None. Recommendation Approve the CDRB’s 2015 annual report. F4 Packet Page Number 18 of 186 MEMORANDUM TO: Melinda Coleman City Manager FROM: Spencer Gansluckner, Housing and Economic Development Commission DATE: February 10, 2016 SUBJECT: Approval of 2015 Housing Economic Development Commission Annual Report Introduction Annually, the housing and economic development commission (HEDC) is required to report the HEDC’s actions and activities for the city council for the previous year. In 2015, the HEDC reviewed the following 15 items during its meetings: Type of Proposal # Reviewed Development Related Reviews 1 1. Approval of Redevelopment Tax Increment Financing District, Villages at Frost-English (May 13, 2015) HEDC Reviews 6 1. Business Engagement Plan – Susan Fronk (May 13, 2015) 2. Update on Council Goals – Economic Development (July 8, 2015) 3. Development Summaries (every meeting) 4. HEDC Business Engagement Outreach Events (August 12, 2015) 5. Consider Approval of Nominees for Maplewood Awards (December 9, 2015) 6. Update on HEDC Business Engagement Outreach Events (December 9, 2015) Miscellaneous Reviews and Actions 8 1. 2014 Code Enforcement Year-End Report (May 13, 2015) 2. 2014 HEDC Annual Report (May 13, 2015) F5 Packet Page Number 19 of 186 3.Election of Officers (July 8, 2015) 4.Partners in Energy – Review of Maplewood’s Energy Action Plan (July 8, 2015) 5.Maplewood Parks System Plan (July 8, 2015) 6.Approval of the 2016 – 2020 Capital Improvement Plan (July 8, 2015) 7.2015 Code Enforcement Mid-Year Report (August 12, 2015) 8.Promoting Civility in Public Meetings and Parliamentary Procedures (December 9, 2015) Total 15 Comparative Information Year Number of Items Reviewed 2010 17 2011 15 2012 14 2013 21 2014 18 2015 15 Membership The HEDC consists of seven members appointed by the city council. Membership terms are for three years, with extensions for additional terms approved by the city council. During 2015 Commissioner Unger was appointed to another three year term. In 2016, commissioners Tkachuck, Jenkins and Lewis will be up for reappointment. The membership as of the date of this report: Board Member Membership Began Term Expires Joy Tkachuck 09/25/06 9/30/16 Mark Jenkins 01/25/10 9/30/16 Jennifer Lewis 04/25/11 9/30/16 Warren Wessel 12/13/10 9/30/17 Spencer Gansluckner 09/22/14 9/30/17 Brian Finley 01/25/16 9/30/17 Dennis Unger 07/25/11 9/30/18 F5 Packet Page Number 20 of 186 Discussion 2015 Actions/Activities In 2015, the HEDC continued its commitment to development and redevelopment in the city of Maplewood by working on several projects. The HEDC spent a good portion of its year giving direction and guidance to the creation of the city’s first efforts of hosting business engagement events and the Maplewood Awards program. Throughout 2015 the city hosted several events where area businesses where invited to the Maplewood Community Center which gave the city an opportunity to communicate directly with this community. Most notably were the Maplewood Community Engagement Breakfast and the State of Maplewood events. While the State of the Maplewood event was held in mid-January of this year the majority of planning and prep work occurred in 2015 and the HEDC chairperson, Spencer Gansluckner represented and spoke on behalf of the HEDC at both events. The HEDC led the creation of the Maplewood Awards program, which works to inspire, recognize and reward business achievements in terms of growth, environmental awareness and contributions to the community. The HEDC reviewed nominations and selected the following winners for the three categories: Linn Companies – Entrepreneurship/Innovation/Growth Award Garden Fresh Farms – Environmental Sustainability Award Second Harvest Heartland – Community Contribution Award The HEDC’s work plan identifies the Gladstone neighborhood as an area the city and the HEDC would focus its efforts on. The HEDC reviewed and recommend approval of the tax increment financing request by Sherman Associates for the Villages at Frost-English project. This request was a continuation of support since the Metropolitan Council awarded $1.9 million grant in 2013 for this project and the adjacent public improvements along Frost Avenue and English Street. The HEDC and staff worked on business outreach through environmental and energy efficiency programs. These programs provide a link between the city and the business community while supporting two of the city’s key goals – economic development and sustainability. 2016 Activities In 2016, the HEDC will continue to implement its work plan and concentrate on key redevelopment areas within the city. In addition, the HEDC will be guiding the city in its effort in restarting business retention visits. The business retention program will work to leverage the efforts of city staff, commission volunteers and elected officials while utilizing the tools offered by outside organizations to ensure meaningful and useful visits for both the city and the businesses. The HEDC will continue its efforts to develop a program and guidelines for its revolving loan fund program – building on what it learned from the first application. The HEDC is a key resource as the city looks to continue and expand its economic development efforts. In 2016, the HEDC will be committed to the development and enhancement of the city of Maplewood. Recommendation Approve the HEDC’s 2015 annual report. F5 Packet Page Number 21 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 22 of 186 TO:Melinda Coleman, City Manager FROM:Joe Rueb, Accounting Supervisor DATE: SUBJECT:Approval of Claims 682,564.91$ Checks #96858 thru #96885 dated 02/16/16 thru 02/23/16 429,009.86$ Disbursements via debits to checking account dated 02/16/16 thru 02/19/16 69,849.59$ Checks # 96886 thru # 96930 dated 02/25/16 thru 03/01/16 300,000.52$ Disbursements via debits to checking account dated 02/22/16 thru 02/26/16 272,319.79$ Checks #96931 thru # 96969 dated 03/08/16 587,242.73$ Disbursements via debits to checking account dated 02/29/16 thru 03/04/16 2,340,987.40$ Total Accounts Payable 534,113.01$ Payroll Checks and Direct Deposits dated 02/26/16 1,826.38$ Payroll Deduction check # 99102075 thru # 99102078 dated 02/26/16 535,939.39$ Total Payroll 2,876,926.79$ GRAND TOTAL Attachments Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. PAYROLL MEMORANDUM March 8, 2016 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: G1 Packet Page Number 23 of 186 Check Description Amount 96858 03818 MONTHLY PREMIUM - FEBRUARY 187,920.18 96859 05324 RETAINER FEE - JANUARY 2,100.00 96860 00585 NET BILLABLE TICKETS - JANUARY 203.00 96861 04206 ATTORNEY SERVICES - MARCH 8,000.00 96862 05353 CONTRACT GASOLINE - FEBRUARY 9,251.62 05353 CONTRACT DIESEL - FEBRUARY 6,030.69 96863 05311 BASKETBALL OFFICIALS 2/13 & 2/14 1,697.00 96864 00985 WASTEWATER - MARCH 253,253.08 96865 01202 MAPLEWOOD LIVING - FEB 7,735.91 96866 01337 911 DISPATCH SERVICES - JANUARY 30,236.58 01337 CAD SERVICES - JANUARY 5,995.67 01337 FLEET SUPPORT FEES - JANUARY 461.76 96867 01750 MDSE FOR RESALE 362.24 96868 01190 ELECTRIC & GAS UTILITY 4,355.18 01190 ELECTRIC & GAS UTILITY 3,344.93 01190 ELECTRIC & GAS UTILITY 395.91 01190 FIRE SIRENS 37.72 96869 00036 CHARITABLE GAMBLING MW MONARCHS 810.00 96870 00036 CHARITABLE GAMBLING CUB SCOUT 9471 504.00 96871 05369 ULTRA CLEAN SERVICE - CITY HALL 462.53 05369 CLEANING SUPPLIES - CITY HALL 124.98 96872 02263 ANIMAL IMPOUNDS & SRVS - JAN 157.00 96873 00532 HR ATTORNEY FEE LABOR REL-JAN 254.60 96874 00936 BOOKS - LOST CITY OF GLADSTONE 70.00 96875 00942 JANITORIAL SERVICES - FEBRUARY 2,887.00 96876 01089 QTR UNEMPLOYMENT - 4TH QTR 2,103.59 96877 01126 MONTHLY PREMIUM - FEBRUARY 496.00 96878 01175 MONTHLY UTILITIES - JANUARY 2,880.10 01175 FIBER OPTIC ACCESS CHG - FEBRUARY 1,000.00 96879 00001 REFUND R SEPPALA - ELECT PERMIT 36.00 96880 01359 VEHICLE WASHES - JANUARY 198.97 96881 02001 PHONE SERVICE - JANUARY 2,859.49 96882 01578 SHOP TOWELS & SAFETY GLOVES 106.50 96883 05342 PROJ 09-09 EAST METRO PSTC PMT#3 130,391.68 96884 04179 PROGRAM DISPLAY SIGN MCC - JAN 325.00 96885 02159 PRIVATE SWIM & SWIM ACADEMY-DEC 15,516.00 02/23/2016 VISUAL IMAGE PROMOTIONS 02/23/2016 WHITE BEAR AREA YMCA 682,564.91 28 Checks in this report. 02/23/2016 MN UC FUND 02/23/2016 NCPERS MINNESOTA 02/23/2016 CITY OF NORTH ST PAUL 02/23/2016 CINTAS CORPORATION #470 02/23/2016 CINTAS CORPORATION #470 02/23/2016 HILLCREST ANIMAL HOSPITAL PA 02/23/2016 RAMSEY COUNTY-PROP REC & REV 02/23/2016 RAMSEY COUNTY-PROP REC & REV 02/23/2016 THE WATSON CO INC 02/23/2016 METROPOLITAN COUNCIL 02/23/2016 NYSTROM PUBLISHING CO INC 02/23/2016 RAMSEY COUNTY-PROP REC & REV 02/23/2016 MANSFIELD OIL CO 02/23/2016 MANSFIELD OIL CO 02/23/2016 WILLIE MCCRAY 02/23/2016 CHRISTIE BERNARDY 02/23/2016 GOPHER STATE ONE-CALL 02/23/2016 H A KANTRUD 02/23/2016 CITY OF ROSEVILLE 02/23/2016 T R F SUPPLY CO. 02/23/2016 TERRA GENERAL CONTRACTORS 02/23/2016 CITY OF NORTH ST PAUL 02/23/2016 ONE TIME VENDOR 02/23/2016 REGAL AUTO WASH BILLING 02/23/2016 MADDEN GALANTER HANSEN, LLP 02/23/2016 MAPLEWOOD AREA 02/23/2016 MARSDEN BLDG MAINTENANCE CO 02/23/2016 XCEL ENERGY 02/23/2016 CHARITABLE GAMBLING 02/23/2016 CHARITABLE GAMBLING 02/23/2016 XCEL ENERGY 02/23/2016 XCEL ENERGY 02/23/2016 XCEL ENERGY Check Register City of Maplewood 02/19/2016 Date Vendor 02/16/2016 MEDICA G1, Attachments Packet Page Number 24 of 186 Settlement Date Payee Description Amount 2/16/2016 MN State Treasurer Drivers License/Deputy Registrar 32,180.83 2/16/2016 VANCO Billing fee 148.80 2/16/2016 U.S. Treasurer Federal Payroll Tax 101,341.56 2/16/2016 P.E.R.A.P.E.R.A.101,123.53 2/16/2016 Empower - State Plan Deferred Compensation 31,223.08 2/16/2016 ICMA (Vantagepointe)Deferred Compensation 4,770.00 2/16/2016 MidAmerica HRA Flex plan 17,058.44 2/16/2016 Labor Unions Union Dues 2,248.88 2/16/2016 MN State Treasurer State Payroll Tax 20,264.89 2/17/2016 MN State Treasurer Drivers License/Deputy Registrar 46,597.70 2/18/2016 MN State Treasurer Drivers License/Deputy Registrar 36,072.98 2/18/2016 Delta Dental Dental Premium 2,382.84 2/19/2016 MN State Treasurer Drivers License/Deputy Registrar 28,769.60 2/19/2016 Optum Health DCRP & Flex plan payments 1,841.73 2/19/2016 Pitney Bowes Postage 2,985.00 429,009.86 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 25 of 186 Check Description Amount 96886 02464 FUNDS FOR ATMS 9,000.00 96887 00131 SRVS ON UNIT 612 CRANE 3,863.36 96888 02149 MARKETING & ADVERTISING - FEB 4,000.00 96889 00463 REPAIR LADDER 2 (325)6,327.75 96890 02728 PROJ 09-08 PROF SRVS THRU 01/31 3,927.30 96891 05311 BASKETBALL OFFICIALS 2/20 & 2/21 1,535.00 96892 01819 LOCAL PHONE SERVICE 01/15 - 02/14 722.64 96893 01409 PERMITRACK-EUF STORMWATER MISC 226.64 96894 01750 MDSE FOR RESALE 261.45 96895 05630 NEEDS ASSESMENT FOR KID CITY 3,000.00 96896 03870 PROJ 13-10 BEEBE RD ST IMPORV O&E 482.00 03870 PROJ 13-10 BEEBE RD ST IMPORV O&E 189.00 96897 04419 VOLLEYBALL REFEREE 01/04 - 02/12 81.00 96898 04992 2015 AUDIT 11,000.00 96899 01869 VOLLEYBALL REFEREE 01/04 - 02/12 162.00 96900 01865 ASSIGNMENTS 1ST HALF WINTER VB 300.00 96901 04886 ASSIGNMENTS 1ST HALF WINTER VB 565.00 96902 05369 CLEANING SUPPLIES - CITY HALL 106.71 96903 05507 MDSE FOR RESALE 547.20 96904 05591 VOLLEYBALL REFEREE 01/04 - 02/12 297.00 96905 01871 VOLLEYBALL REFEREE 01/04 - 02/12 486.00 96906 00420 VEHICLE CLEANING & DETAILING 243.99 96907 00464 CHIEF 3 NEW CAR LIGHTING 6,138.58 00464 SET-UP FEES 2016 FORD TRANSIT VAN 2,369.60 96908 05368 SQUAD REPAIRS & SERVICES - JAN 340.08 05368 SQUAD REPAIRS & SERVICES - JAN 156.10 05368 SQUAD REPAIRS & SERVICES - JAN 156.10 05368 SQUAD REPAIRS & SERVICES - JAN 76.78 96909 03538 VOLLEYBALL REFEREE 01/04 - 02/12 486.00 96910 00857 MCSC MEMBERSHIP FOR 2016 1,240.00 96911 00910 ASSOCIATE MEMBERSHIP RENEWAL 150.00 96912 05604 VOLLEYBALL REFEREE 01/04 - 02/12 54.00 96913 04835 AERIAL SURVEY OF DEER POPULATION 787.50 96914 00001 REFUND D GARCIA MEMBERSHIP 230.32 00001 REFUND D GARCIA SWIM LESSONS 64.00 96915 05603 VOLLEYBALL REFEREE 01/04 - 02/12 351.00 96916 02441 VOLLEYBALL REFEREE 01/04 - 02/12 324.00 96917 03897 MEMBERSHIP DUES 2016 1,050.00 96918 02008 EMERGENCY VEH PRE-EMPTION SRVS~450.86 02008 LAMPING SRVS 120/CONWAY JULY-DEC 258.65 02008 LAMPING SVC 120/HARVESTOR JULY-DEC 127.19 02008 LAMPING SRVS 61&ROSELAWN JULY-DEC 107.71 96919 04432 VOLLEYBALL REFEREE 01/04 - 02/12 810.00 96920 04785 VOLLEYBALL REFEREE 01/04 - 02/12 243.00 96921 01418 SPEAKER PARTY LIGHT- MCC B-DAY 124.64 96922 05120 VOLLEYBALL REFEREE 01/04 - 02/12 486.00 96923 05498 VOLLEYBALL REFEREE 01/04 - 02/12 459.00 96924 00006 REFUND L BURFIEND CHG TO SILVERFIT 20.00 96925 01578 POP UP SCRIM TOWELS 549.00 96926 01669 TOWING SRVS FOR TOOLCAT 150.00 01669 FORFEITED VEHICLE TOWING - JAN 70.00 96927 01683 CSO UNIFORM PURCHASES 638.00 01683 OFFICER UNIFORM PURCHASE 302.98 96927 01683 OFFICER UNIFORM PURCHASE 278.97 01683 CSO UNIFORM PURCHASES 197.94 01683 OFFICER UNIFORM PURCHASE 142.49 01683 OFFICER UNIFORM PURCHASE 141.42 01683 OFFICER UNIFORM PURCHASE 82.97 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 TWIN CITIES TRANSPORT & 03/01/2016 TWIN CITIES TRANSPORT & 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 SAM'S CLUB DIRECT 03/01/2016 RICH SCHELL 03/01/2016 RICHARD A. SCHMIDT 03/01/2016 SILVER FIT 03/01/2016 T R F SUPPLY CO. 03/01/2016 RAMSEY C0 LEAGUE OF LOCAL GOV 03/01/2016 RAMSEY COUNTY PUBLIC WORKS 03/01/2016 RAMSEY COUNTY PUBLIC WORKS 03/01/2016 RAMSEY COUNTY PUBLIC WORKS 03/01/2016 RAMSEY COUNTY PUBLIC WORKS 03/01/2016 MN HELICOPTERS INC. 03/01/2016 ONE TIME VENDOR 03/01/2016 ONE TIME VENDOR 03/01/2016 KATHERINE OTTEN 03/01/2016 TONY PEREZ 03/01/2016 HEALTHEAST VEHICLE SERVICES 03/01/2016 PATRICK JAMES HUBBARD 03/01/2016 LEAGUE OF MINNESOTA CITIES 03/01/2016 M S S A 03/01/2016 MORGAN MAGNUSON 03/01/2016 EMERGENCY AUTOMOTIVE TECH, INC 03/01/2016 EMERGENCY AUTOMOTIVE TECH, INC 03/01/2016 HEALTHEAST VEHICLE SERVICES 03/01/2016 HEALTHEAST VEHICLE SERVICES 03/01/2016 HEALTHEAST VEHICLE SERVICES 03/01/2016 CINTAS CORPORATION #470 03/01/2016 COCA-COLA REFRESHMENTS 03/01/2016 ROBERT COLEMAN SR 03/01/2016 KENNETH COOPER 03/01/2016 DOWNTOWNER DETAIL CENTER 03/01/2016 LOUISE A. BEAMAN 03/01/2016 BERGANKDV 03/01/2016 DALE BOETTCHER 03/01/2016 DON BOWMAN 03/01/2016 KAREN MARIE BOWMAN 03/01/2016 S E H 03/01/2016 THE WATSON CO INC 03/01/2016 AMHERST H. WILDER FOUNDATION 03/01/2016 BASIAGO LAW OFFICE 03/01/2016 BASIAGO LAW OFFICE 03/01/2016 HEIDI CAREY 03/01/2016 EMERGENCY APPARATUS MAINT 03/01/2016 KIMLEY-HORN & ASSOCIATES INC 03/01/2016 WILLIE MCCRAY 03/01/2016 PAETEC Check Register City of Maplewood 02/25/2016 Date Vendor 02/25/2016 US BANK 03/01/2016 ASPEN EQUIPMENT CO 03/01/2016 EUGENE E. RICHARDSON 03/01/2016 STANLEY ROBERTS G1, Attachments Packet Page Number 26 of 186 01683 OFFICER UNIFORM PURCHASE 76.98 01683 OFFICER UNIFORM PURCHASE 69.99 01683 OFFICER UNIFORM PURCHASE 45.00 01683 OFFICER UNIFORM PURCHASE 9.95 96928 05241 ROAD WORK SIGNS-ADVANCED WARNING 536.00 96929 01872 VOLLEYBALL REFEREE 01/04 - 02/12 459.00 96930 05013 WINTER HVAC MAINT - CITY HALL 729.25 05013 WINTER HVAC MAINT - MCC 729.25 05013 POOL AHU INSPECTION 255.25 69,849.59 45 Checks in this report. 03/01/2016 YALE MECHANICAL LLC 03/01/2016 YALE MECHANICAL LLC 03/01/2016 YALE MECHANICAL LLC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 UNIFORMS UNLIMITED INC 03/01/2016 WARNING LITES OF MN, INC. 03/01/2016 MARK WEBER 03/01/2016 UNIFORMS UNLIMITED INC G1, Attachments Packet Page Number 27 of 186 Settlement Date Payee Description Amount 2/22/2016 MN State Treasurer Drivers License/Deputy Registrar 80,005.62 2/22/2016 MN Dept of Natural Resources DNR electronic licenses 649.00 2/23/2016 MN State Treasurer Drivers License/Deputy Registrar 31,777.98 2/24/2016 MN State Treasurer Drivers License/Deputy Registrar 50,551.93 2/24/2016 MN Dept of Revenue Sales Tax 9,922.00 2/24/2016 MN Dept of Revenue Fuel Tax 537.51 2/24/2016 Delta Dental Dental Premium 1,194.45 2/25/2016 MN State Treasurer Drivers License/Deputy Registrar 51,899.99 2/26/2016 ICMA (Vantagepointe)Deferred Compensation 4,846.00 2/26/2016 MN State Treasurer Drivers License/Deputy Registrar 62,456.39 2/26/2016 MN Dept of Natural Resources DNR electronic licenses 669.00 2/26/2016 Optum Health DCRP & Flex plan payments 5,490.65 300,000.52 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 28 of 186 Check Description Amount 96931 00687 TREE/STUMP REMOVAL-HARVEST PARK 1,250.00 96932 05311 BASKETBALL OFFICIALS 2/27 & 2/28 2,294.00 96933 01409 REDESIGN MCC'S ENTRANCE AREA 1,664.34 96934 05488 PREMIUM - LIFE,LTD,STD - FEBRUARY 7,754.25 96935 05305 CONTRACT 500-0371083 439.79 05305 CONTRACT 500-0371999 439.78 05305 CONTRACT 500-0328559 212.30 05305 CONTRACT 500-0395052 105.90 05305 CONTRACT 500-0380041 104.78 05305 CONTRACT 500-0395065 94.64 05305 CONTRACT 500-0373496 64.15 05305 CONTRACT 500-0349366 64.15 96936 03334 PATCHING MATERIALS 234.00 03334 PATCHING MATERIALS 169.00 96937 01190 ELECTRIC & GAS UTILITY 18,342.16 01190 ELECTRIC & GAS UTILITY 12,171.60 96938 04848 MONTHLY PREMIUM - MARCH 275.40 96939 05160 GUITAR INSTRUCTION WINTER 2016 71.93 96940 05314 CANON PF-04 PRINTHEAD 460.64 96941 00036 CHARITABLE GAMBLING - LENA YOUTH 420.00 96942 05624 LTC MONTHLY PREMIUM - MARCH 201.38 96943 05507 MDSE FOR RESALE 142.56 96944 03645 REPAIRS TO L325 4,035.33 96945 00464 CHIEF 2 NEW CAR LIGHTING 6,195.23 00464 NEW CAPTAINS JUMP CAR LIGHTING 6,168.53 00464 FLOOR LINERS - 2016 FORD EXPLORERS 178.00 96946 03784 SOFTWARE MAINT ARCVIEW/GIS SERVER 7,250.00 96947 03725 PROJ 13-10 AD FOR BID BEEBE RD 305.46 03725 PROJ 15-11 AD FOR BID LAKEWOOD/STER 140.92 96948 05476 KID CITY GRANT SERVICES 2015 937.50 96949 05533 REPAIRS TO L325 469.98 96950 00857 CONFERENCE REGISTRATION - N SLAWIK 130.00 96951 00244 RECABLING CITY HALL TO REPLACE OUTD 9,882.90 96952 03818 MONTHLY PREMIUM - MARCH 161,207.79 96953 00993 REMOVAL OF LEKTRIEVERS 2,400.00 96954 01126 MONTHLY PREMIUM - MARCH 496.00 96955 05356 TAPING OF THE STATE OF MW ADDRESS 738.00 96956 01184 REPAIRS TO PD GARAGE DOOR 438.00 01184 REPAIRS TO PD GARAGE DOOR 168.00 96957 00001 REFUND R HEINS % OF ELECT PERMIT 48.20 96958 04264 WATERFEST SPONSORSHIP 1,000.00 96959 01418 MDSE FOR RESALE 264.60 01418 MDSE FOR RESALE 125.41 01418 CONCESSIONS 69.88 01418 CONCESSIONS 63.00 01418 MDSE FOR RESALE 48.02 01418 MDSE FOR RESALE 47.96 96960 05502 HONORARIUM FOR PROGRAM SPEAKER 118.00 96961 00198 WATER UTILITY 2,332.69 96962 01545 MEMBERSHIP ASSESSMENT 1ST HALF 1,700.00 96963 05528 CONTRACT 7950665-002 204.77 05528 CONTRACT 7950665-003 190.95 05528 CONTRACT 7950665-011 190.95 96963 05528 CONTRACT 7950665-004 183.91 05528 CONTRACT 7950665-005 183.91 Check Register City of Maplewood 03/03/2016 Date Vendor 03/08/2016 HUGO'S TREE CARE INC 03/08/2016 WILLIE MCCRAY 03/08/2016 S E H 03/08/2016 SUN LIFE FINANCIAL 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) 03/08/2016 SAM'S CLUB DIRECT 03/08/2016 SAM'S CLUB DIRECT 03/08/2016 SNAKE DISCOVERY 03/08/2016 ST PAUL REGIONAL WATER SRVS 03/08/2016 SUBURBAN RATE AUTHORITY 03/08/2016 RAMSEY-WASHINGTON 03/08/2016 SAM'S CLUB DIRECT 03/08/2016 SAM'S CLUB DIRECT 03/08/2016 SAM'S CLUB DIRECT 03/08/2016 SAM'S CLUB DIRECT 03/08/2016 LINE 1 PARTNERS, INC 03/08/2016 MEDICA 03/08/2016 MID-AMERICA BUSINESS SYSTEMS 03/08/2016 NCPERS MINNESOTA 03/08/2016 NORTH SUBURBAN ACCESS CORP 03/08/2016 FINANCE AND COMMERCE, INC. 03/08/2016 FINANCE AND COMMERCE, INC. 03/08/2016 JESSICA HUANG 03/08/2016 KIRVIDA FIRE 03/08/2016 LEAGUE OF MINNESOTA CITIES 03/08/2016 CUMMINS NPOWER LLC 03/08/2016 EMERGENCY AUTOMOTIVE TECH, INC 03/08/2016 EMERGENCY AUTOMOTIVE TECH, INC 03/08/2016 EMERGENCY AUTOMOTIVE TECH, INC 03/08/2016 ENVIRONMENTAL SYS RES INST INC 03/08/2016 JOSE D CARBAJAL 03/08/2016 CES IMAGING 03/08/2016 CHARITABLE GAMBLING 03/08/2016 CNA INSURANCE COMPANY 03/08/2016 COCA-COLA REFRESHMENTS 03/08/2016 UNIQUE PAVING MATERIALS CORP 03/08/2016 UNIQUE PAVING MATERIALS CORP 03/08/2016 XCEL ENERGY 03/08/2016 XCEL ENERGY 03/08/2016 AVESIS 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 TOSHIBA FINANCIAL SERVICES (1) 03/08/2016 NORTHERN DOOR COMPANY, INC. 03/08/2016 NORTHERN DOOR COMPANY, INC. 03/08/2016 ONE TIME VENDOR G1, Attachments Packet Page Number 29 of 186 05528 CONTRACT 7950665-001 156.20 05528 CONTRACT 7950665-010 86.40 96964 01669 TOW CHIEF 1 CAR TO EAT 85.00 96965 01683 OFFICER UNIFORM PURCHASE 334.46 01683 OFFICER UNIFORM PURCHASE 154.99 01683 OFFICER UNIFORM PURCHASE 95.49 01683 OFFICER UNIFORM PURCHASE 72.98 01683 OFFICER UNIFORM PURCHASE 65.99 01683 OFFICER UNIFORM PURCHASE 51.98 96966 00063 MONTHLY PMT 01/17 - 02/16 8,112.21 96967 05541 HWY 61 & CO RD B STATION MPCA WORK 1,807.04 96968 01771 RAMSEY CO GIS USER GROUP FEES-2016 3,828.41 96969 05013 WINTER HVAC MAINT-PUBLIC WORKS 966.25 05013 WINTER HVAC MAINT-NORTH FS #3 367.75 05013 REPAIR FOUND ON HVAC MAINT - PW 359.50 05013 WINTER HVAC MAINT-CENTRAL FS #2 251.25 05013 WINTER HVAC MAINT-SOUTH FS 251.25 05013 WINTER HVAC MAINT-PARK MAINT 247.25 05013 WINTER HVAC MAINT-NATURE CENTER 134.7503/08/2016 YALE MECHANICAL LLC 272,319.79 39 Checks in this report. 03/08/2016 YALE MECHANICAL LLC 03/08/2016 YALE MECHANICAL LLC 03/08/2016 03/08/2016 WENCK ASSOCIATES, INC. 03/08/2016 CITY OF WHITE BEAR LAKE YALE MECHANICAL LLC 03/08/2016 YALE MECHANICAL LLC 03/08/2016 YALE MECHANICAL LLC 03/08/2016 YALE MECHANICAL LLC 03/08/2016 UNIFORMS UNLIMITED INC 03/08/2016 UNIFORMS UNLIMITED INC 03/08/2016 UNIFORMS UNLIMITED INC 03/08/2016 UNIFORMS UNLIMITED INC 03/08/2016 UNIFORMS UNLIMITED INC 03/08/2016 UNIFORMS UNLIMITED INC 03/08/2016 VERIZON WIRELESS 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) 03/08/2016 TWIN CITIES TRANSPORT & 03/08/2016 TOSHIBA FINANCIAL SERVICES (2) G1, Attachments Packet Page Number 30 of 186 Settlement Date Payee Description Amount 2/29/2016 MN State Treasurer Drivers License/Deputy Registrar 36,832.54 2/29/2016 US Bank VISA One Card*Purchasing card items 41,703.97 2/29/2016 U.S. Treasurer Federal Payroll Tax 100,212.32 2/29/2016 P.E.R.A.P.E.R.A.102,609.91 2/29/2016 Empower - State Plan Deferred Compensation 31,601.00 2/29/2016 MN State Treasurer State Payroll Tax 20,367.97 3/1/2016 MN State Treasurer Drivers License/Deputy Registrar 42,041.41 3/1/2016 VANCO Billing fee 89.99 3/1/2016 MidAmerica HRA Flex plan 14,125.10 3/1/2016 Labor Unions Union Dues 3,988.94 3/2/2016 MN State Treasurer Drivers License/Deputy Registrar 71,591.90 3/3/2016 MN State Treasurer Drivers License/Deputy Registrar 62,366.38 3/3/2016 Delta Dental Dental Premium 3,114.04 3/4/2016 MN State Treasurer Drivers License/Deputy Registrar 53,699.92 3/4/2016 MN Dept of Natural Resources DNR electronic licenses 1,129.00 3/4/2016 Optum Health DCRP & Flex plan payments 1,768.34 587,242.73 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 31 of 186 Transaction Date Posting Date Merchant Name Transaction Amount Name 02/17/2016 02/19/2016 ST PAUL STAMP WORKS INC $24.65 REGAN BEGGS 02/05/2016 02/08/2016 B&H PHOTO, 800-606-6969 ($203.50)CHAD BERGO 02/18/2016 02/19/2016 MELISSADATA $866.43 CHAD BERGO 02/18/2016 02/19/2016 PARKING RAMP $9.00 CHAD BERGO 02/11/2016 02/12/2016 STREICHER'S MO $1,456.99 BRIAN BIERDEMAN 02/11/2016 02/15/2016 COMO PARK ANIMAL HOSPITAL $403.06 BRIAN BIERDEMAN 02/15/2016 02/17/2016 BROWNELLS INC $193.85 BRIAN BIERDEMAN 02/05/2016 02/08/2016 PETCO 1652 63516520 $48.14 OAKLEY BIESANZ 02/10/2016 02/11/2016 SP * PEDOMETERSUSA $120.00 OAKLEY BIESANZ 02/11/2016 02/12/2016 CAROLINA BIOLOGIC SUPPLY $48.10 OAKLEY BIESANZ 02/11/2016 02/15/2016 K-TOR LLC $75.40 OAKLEY BIESANZ 02/11/2016 02/15/2016 K-TOR LLC $75.40 OAKLEY BIESANZ 02/17/2016 02/18/2016 MN RECREATION AND PARK A $831.00 NEIL BRENEMAN 02/18/2016 02/19/2016 CUB FOODS #1599 $40.91 NEIL BRENEMAN 02/12/2016 02/15/2016 TRUCK UTILITIES INC ST PA $46.20 TROY BRINK 02/05/2016 02/08/2016 PIONEER PRESS SUBSCRIPTI $58.50 SARAH BURLINGAME 02/09/2016 02/11/2016 NAPA STORE 3279016 $56.62 JOHN CAPISTRANT 02/09/2016 02/11/2016 BARNES & NOBLE #2227 $32.13 NICHOLAS CARVER 02/06/2016 02/08/2016 G&K SERVICES AR $231.92 SCOTT CHRISTENSON 02/09/2016 02/10/2016 STATE SUPPLY $52.36 SCOTT CHRISTENSON 02/12/2016 02/15/2016 TWIN CITY FILTER SERVICE $540.58 SCOTT CHRISTENSON 02/16/2016 02/17/2016 VIKING ELECTRIC-CREDIT DE $578.35 SCOTT CHRISTENSON 02/16/2016 02/17/2016 VIKING ELECTRIC-CREDIT DE $152.29 SCOTT CHRISTENSON 02/16/2016 02/17/2016 VIKING ELECTRIC-CREDIT DE $213.36 SCOTT CHRISTENSON 02/16/2016 02/17/2016 VIKING ELECTRIC-CREDIT DE $352.80 SCOTT CHRISTENSON 02/16/2016 02/17/2016 MINNESOTA AIR OAKDALE $306.50 SCOTT CHRISTENSON 02/06/2016 02/08/2016 BARNES & NOBLE #2227 $28.91 MELINDA COLEMAN 02/05/2016 02/08/2016 MINNESOTA CHIEFS OF POLIC $355.00 KERRY CROTTY 02/05/2016 02/08/2016 MINNESOTA CHIEFS OF POLIC $355.00 KERRY CROTTY 02/05/2016 02/08/2016 MINNESOTA CHIEFS OF POLIC $445.00 KERRY CROTTY 02/17/2016 02/18/2016 FBI LEEDA INC $50.00 KERRY CROTTY 02/06/2016 02/08/2016 G&K SERVICES AR $27.16 CHARLES DEAVER 02/09/2016 02/10/2016 FRATTALLONES WOODBURY AC $19.27 CHARLES DEAVER 02/17/2016 02/18/2016 ADAMS PEST CONTROL $137.80 CHARLES DEAVER 02/05/2016 02/08/2016 COMMERCIAL POOL & SPA SUP $167.50 TOM DOUGLASS 02/06/2016 02/08/2016 G&K SERVICES AR $351.92 TOM DOUGLASS 02/08/2016 02/10/2016 FULL CIRCLE PADDING INC $83.59 TOM DOUGLASS 02/09/2016 02/10/2016 COMMERCIAL POOL & SPA SUP $393.50 TOM DOUGLASS 02/12/2016 02/15/2016 HENRIKSEN ACE HARDWARE $2.00 TOM DOUGLASS 02/16/2016 02/17/2016 WW GRAINGER $239.62 TOM DOUGLASS 02/16/2016 02/18/2016 THE HOME DEPOT 2801 $25.92 TOM DOUGLASS 02/18/2016 02/19/2016 CORE HEALTH & FITNESS $25.19 TOM DOUGLASS 02/16/2016 02/18/2016 MENARDS MAPLEWOOD MN $30.99 DOUG EDGE 02/08/2016 02/09/2016 U OF M CONTLEARNING OS $70.00 ANDREW ENGSTROM 02/08/2016 02/10/2016 OFFICE DEPOT #1090 $110.20 CHRISTINE EVANS 02/09/2016 02/11/2016 QEP PROFESSIONAL BOOKS $884.00 CHRISTINE EVANS 02/10/2016 02/11/2016 CREATESPACE $1,399.64 CHRISTINE EVANS 02/10/2016 02/11/2016 CREATESPACE $1,589.49 CHRISTINE EVANS 02/10/2016 02/11/2016 CREATESPACE $1,475.39 CHRISTINE EVANS 02/10/2016 02/12/2016 FIRST SHRED $28.00 CHRISTINE EVANS 02/10/2016 02/11/2016 AT&T*BILL PAYMENT $37.26 MYCHAL FOWLDS 02/16/2016 02/17/2016 CDW GOVERNMENT $152.10 MYCHAL FOWLDS 02/16/2016 02/17/2016 VSN*DOTGOVREGISTRATION $125.00 MYCHAL FOWLDS 02/06/2016 02/08/2016 IDU*INSIGHT PUBLIC SEC ($312.35)NICK FRANZEN 02/08/2016 02/09/2016 BESTBUYCOM780283020178 $117.73 NICK FRANZEN 02/09/2016 02/10/2016 IDU*INSIGHT PUBLIC SEC $126.65 NICK FRANZEN 02/10/2016 02/12/2016 DATA Q DIRECT $885.00 NICK FRANZEN G1, Attachments Packet Page Number 32 of 186 02/13/2016 02/15/2016 APL* ITUNES.COM/BILL $5.35 NICK FRANZEN 02/04/2016 02/08/2016 MN NURSERY LANDSCAPE AS $100.00 VIRGINIA GAYNOR 02/17/2016 02/18/2016 SPARTAN PROMOTIONAL GRP $88.10 VIRGINIA GAYNOR 02/17/2016 02/18/2016 BEST BUY MHT 00000109 $35.34 CLARENCE GERVAIS 02/09/2016 02/10/2016 GRANDMAS BAKERY INC $48.48 CHRISTINE GIBSON 02/10/2016 02/12/2016 STAPLES 00118851 $8.12 CHRISTINE GIBSON 02/15/2016 02/16/2016 GRANDMAS BAKERY INC $48.48 CHRISTINE GIBSON 02/17/2016 02/19/2016 GRAND CLEANERS $99.76 CHRISTINE GIBSON 02/05/2016 02/08/2016 FRATTALLONES WOODBURY AC $51.39 MARK HAAG 02/16/2016 02/17/2016 ADVANCE AUTO PARTS #7152 $143.44 TIMOTHY HOFMEISTER 02/16/2016 02/17/2016 HENRIKSEN ACE HARDWARE $17.43 TIMOTHY HOFMEISTER 02/16/2016 02/18/2016 THE HOME DEPOT 2801 $14.76 TIMOTHY HOFMEISTER 02/10/2016 02/11/2016 PP*NATURESMART $30.00 ANN HUTCHINSON 02/11/2016 02/12/2016 DALCO ENTERPRISES, INC $58.45 DAVID JAHN 02/18/2016 02/19/2016 TARGET 00011858 $27.26 JUSTIN JAMES 02/11/2016 02/12/2016 CHIEF SUPPLY $245.47 KEVIN JOHNSON 02/15/2016 02/16/2016 BOSS SAFETY PRODUCTS $120.76 KEVIN JOHNSON 02/08/2016 02/09/2016 CUB FOODS #1599 $37.54 LOIS KNUTSON 02/08/2016 02/10/2016 HONEYBAKED HAM 2527-P2PE $122.01 LOIS KNUTSON 02/11/2016 02/15/2016 FIRST SHRED $47.30 LOIS KNUTSON 02/05/2016 02/08/2016 THOMSON WEST*TCD $337.49 DAVID KVAM 02/04/2016 02/08/2016 MENARDS MAPLEWOOD MN $39.98 STEVE LUKIN 02/08/2016 02/09/2016 AIRGASS NORTH $74.76 STEVE LUKIN 02/08/2016 02/09/2016 AIRGASS NORTH $177.74 STEVE LUKIN 02/10/2016 02/11/2016 OVERHEAD DOOR COMPANY OF $956.79 STEVE LUKIN 02/13/2016 02/15/2016 COMCAST CABLE COMM $173.72 STEVE LUKIN 02/05/2016 02/08/2016 WHITE BEAR AREA CHAMBE $240.00 MIKE MARTIN 02/08/2016 02/09/2016 NDC TRAINING $1,125.00 MIKE MARTIN 02/08/2016 02/09/2016 ZOLL MEDICAL CORP $546.61 MICHAEL MONDOR 02/11/2016 02/12/2016 ARROW INTERNATIONAL $2,767.75 MICHAEL MONDOR 02/15/2016 02/17/2016 HOLIDAY STNSTORE 3519 $25.33 MICHAEL MONDOR 02/18/2016 02/19/2016 IN *PEDIATRIC EMERGENCY S $95.00 MICHAEL MONDOR 02/05/2016 02/08/2016 AUTO PLUS-LITTLE CANADA $193.06 STEVEN PRIEM 02/05/2016 02/08/2016 LITTLE FALLS MACHINE INC $541.41 STEVEN PRIEM 02/08/2016 02/10/2016 TRI-STATE BOBCAT $225.51 STEVEN PRIEM 02/09/2016 02/10/2016 AUTO PLUS-LITTLE CANADA $117.48 STEVEN PRIEM 02/09/2016 02/10/2016 AUTO PLUS-LITTLE CANADA $29.34 STEVEN PRIEM 02/09/2016 02/10/2016 METRO PRODUCTS INC $66.68 STEVEN PRIEM 02/09/2016 02/11/2016 FRONTIER INC $165.97 STEVEN PRIEM 02/10/2016 02/11/2016 FACTORY MOTOR PARTS #19 $60.70 STEVEN PRIEM 02/10/2016 02/11/2016 FACTORY MOTOR PARTS #19 $140.06 STEVEN PRIEM 02/11/2016 02/15/2016 TRI-STATE BOBCAT $329.39 STEVEN PRIEM 02/11/2016 02/15/2016 LARSONS AUTOMOTIVE OF MAP $52.59 STEVEN PRIEM 02/12/2016 02/15/2016 TOWMASTER $359.50 STEVEN PRIEM 02/12/2016 02/15/2016 TRI-STATE BOBCAT $394.20 STEVEN PRIEM 02/12/2016 02/15/2016 AUTO PLUS-LITTLE CANADA $160.17 STEVEN PRIEM 02/12/2016 02/15/2016 AN FORD WHITE BEAR LAK $36.40 STEVEN PRIEM 02/12/2016 02/15/2016 MACQUEEN EQUIPMENT INC $172.35 STEVEN PRIEM 02/16/2016 02/17/2016 AUTO PLUS-LITTLE CANADA $199.14 STEVEN PRIEM 02/16/2016 02/17/2016 AUTO PLUS-LITTLE CANADA $16.70 STEVEN PRIEM 02/16/2016 02/17/2016 AUTO PLUS-LITTLE CANADA $9.60 STEVEN PRIEM 02/16/2016 02/17/2016 AN FORD WHITE BEAR LAK $828.16 STEVEN PRIEM 02/17/2016 02/18/2016 AN FORD WHITE BEAR LAK ($173.00)STEVEN PRIEM 02/17/2016 02/18/2016 FACTORY MOTOR PARTS #19 $37.62 STEVEN PRIEM 02/17/2016 02/18/2016 OREILLY AUTO 00020743 $5.35 STEVEN PRIEM 02/17/2016 02/18/2016 AN FORD WHITE BEAR LAK $26.94 STEVEN PRIEM 02/17/2016 02/18/2016 CRYSTEEL TRUCK EQUIP INC $321.39 STEVEN PRIEM 02/18/2016 02/19/2016 AUTO PLUS-LITTLE CANADA $85.74 STEVEN PRIEM G1, Attachments Packet Page Number 33 of 186 02/09/2016 02/10/2016 BUCKLEGUY COM $18.54 KELLY PRINS 02/10/2016 02/11/2016 WW GRAINGER $73.38 KELLY PRINS 02/11/2016 02/12/2016 WW GRAINGER $20.08 KELLY PRINS 02/16/2016 02/17/2016 WW GRAINGER $28.18 KELLY PRINS 02/05/2016 02/08/2016 PIONEER PRESS ADVERTISING $2,917.50 TERRIE RAMEAUX 02/11/2016 02/15/2016 MINNESOTA OCCUPATIONAL HE $285.20 TERRIE RAMEAUX 02/08/2016 02/09/2016 DALCO ENTERPRISES, INC $276.22 MICHAEL REILLY 02/08/2016 02/09/2016 DALCO ENTERPRISES, INC $366.24 MICHAEL REILLY 02/10/2016 02/11/2016 HILLYARD INC MINNEAPOLIS $52.63 MICHAEL REILLY 02/11/2016 02/12/2016 HILLYARD INC MINNEAPOLIS $648.88 MICHAEL REILLY 02/18/2016 02/19/2016 HILLYARD INC MINNEAPOLIS $774.28 MICHAEL REILLY 02/18/2016 02/19/2016 HILLYARD INC MINNEAPOLIS $14.62 MICHAEL REILLY 02/06/2016 02/09/2016 ELIVATE $31.22 LORI RESENDIZ 02/08/2016 02/09/2016 PTONTHENET/COURSES $540.00 LORI RESENDIZ 02/09/2016 02/10/2016 ELIVATE $393.32 LORI RESENDIZ 02/10/2016 02/11/2016 G&K SERVICES AR $94.80 LORI RESENDIZ 02/12/2016 02/15/2016 POWDER BLUE PRODUCTIONS $24.95 LORI RESENDIZ 02/14/2016 02/15/2016 LES MILLS WEST COAST INC $34.95 LORI RESENDIZ 02/09/2016 02/10/2016 BCS*ISD 622 COMMUNITY ED $1,285.00 AUDRA ROBBINS 02/14/2016 02/15/2016 CTC*CONSTANTCONTACT.COM $60.00 AUDRA ROBBINS 02/17/2016 02/18/2016 PANERA BREAD #601305 $52.94 AUDRA ROBBINS 02/05/2016 02/08/2016 MNSCU $27.00 ROBERT RUNNING 02/12/2016 02/15/2016 LTG POWER EQUIPMENT $62.85 ROBERT RUNNING 02/17/2016 02/19/2016 RED WING SHOE #729 $186.99 ROBERT RUNNING 02/09/2016 02/10/2016 LILLIE SUBURBAN NEWSPAPER $264.20 DEB SCHMIDT 02/12/2016 02/15/2016 PAYPAL *RUBBERSPECI $259.00 DEB SCHMIDT 02/17/2016 02/18/2016 LILLIE SUBURBAN NEWSPAPER $268.25 DEB SCHMIDT 02/10/2016 02/11/2016 IN *ENCOMPASS TELEMATICS,$650.00 PAUL SCHNELL 02/10/2016 02/12/2016 DOWNTOWNER CAR WASH $8.60 PAUL SCHNELL 02/11/2016 02/12/2016 PAYPAL *MACIA $25.00 PAUL SCHNELL 02/06/2016 02/08/2016 CINTAS 60A SAP $111.45 SCOTT SCHULTZ 02/06/2016 02/08/2016 CINTAS 60A SAP $112.28 SCOTT SCHULTZ 02/11/2016 02/15/2016 ON SITE SANITATION INC $37.29 SCOTT SCHULTZ 02/14/2016 02/15/2016 REPUBLIC SERVICES TRASH $199.61 SCOTT SCHULTZ 02/11/2016 02/15/2016 OFFICE DEPOT #1090 $98.90 FAITH SHEPPERD 02/08/2016 02/09/2016 DON'S PAINT & COLLISION $1,589.58 MICHAEL SHORTREED 02/09/2016 02/11/2016 HOMEDEPOT.COM $106.03 MICHAEL SHORTREED 02/10/2016 02/12/2016 HOMEDEPOT.COM $53.53 MICHAEL SHORTREED 02/11/2016 02/15/2016 LITTLE VENETIAN $25.00 MICHAEL SHORTREED 02/16/2016 02/17/2016 GRAFIX SHOPPE $92.50 MICHAEL SHORTREED 02/17/2016 02/19/2016 MENARDS MAPLEWOOD MN ($16.04)MICHAEL SHORTREED 02/17/2016 02/19/2016 MENARDS MAPLEWOOD MN $48.14 MICHAEL SHORTREED 02/17/2016 02/19/2016 MENARDS MAPLEWOOD MN $233.97 MICHAEL SHORTREED 02/13/2016 02/15/2016 ORIGINAL MATTRESS FACT $37.49 RONALD SVENDSEN 02/09/2016 02/10/2016 MINNESOTA TRANSPORTATION $50.00 MICHAEL THOMPSON 02/11/2016 02/15/2016 THE HOME DEPOT 2801 ($6.04)JEFF WILBER 02/11/2016 02/15/2016 THE HOME DEPOT 2801 $23.81 JEFF WILBER 02/11/2016 02/15/2016 THE HOME DEPOT 2801 $21.34 JEFF WILBER 02/05/2016 02/08/2016 JOHN E. REID AND ASSOC $550.00 TAMMY WYLIE 02/11/2016 02/12/2016 BESTBUYCOM780279019879 ($38.54)TAMMY WYLIE 02/11/2016 02/12/2016 BESTBUYCOM780279019879 $38.54 TAMMY WYLIE 02/12/2016 02/15/2016 BESTBUYCOM780279019879 ($57.77)TAMMY WYLIE 02/17/2016 02/18/2016 BESTBUYCOM781433022507 $38.50 TAMMY WYLIE 02/10/2016 02/11/2016 PAYPAL *AMEMASSOCIA $130.00 SUSAN ZWIEG 02/10/2016 02/11/2016 PAYPAL *AMEMASSOCIA $130.00 SUSAN ZWIEG $41,703.97 G1, Attachments Packet Page Number 34 of 186 CHECK #CHECK DATE EMPLOYEE NAME 133.06 02/26/16 JUENEMANN, KATHLEEN 456.30 02/26/16 SLAWIK, NORA 518.43 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in AmountAMOUNT 02/26/16 ABRAMS, MARYLEE 456.30 CHRISTENSON, SCOTT 2,199.11 02/26/16 COLEMAN, MELINDA 5,911.41 02/26/16 FUNK, MICHAEL 4,725.70 02/26/16 SMITH, BRYAN 456.30 02/26/16 XIONG, TOU 456.30 02/26/16 ERICKSON, VIRGINIA 3,583.36 02/26/16 DEMULLING, JOSEPH 3,950.16 02/26/16 DUGAS, MICHAEL 4,084.37 02/26/16 CARNES, JOHN 2,929.94 02/26/16 CROTTY, KERRY 4,167.21 02/26/16 BIERDEMAN, BRIAN 3,861.61 02/26/16 BUSACK, DANIEL 4,071.44 02/26/16 BELDE, STANLEY 3,421.30 02/26/16 BENJAMIN, MARKESE 3,155.96 02/26/16 BAKKE, LONN 3,392.41 02/26/16 BARTZ, PAUL 3,408.93 02/26/16 ABEL, CLINT 3,404.82 02/26/16 ALDRIDGE, MARK 4,136.91 02/26/16 SHORTREED, MICHAEL 4,423.37 02/26/16 WYLIE, TAMMY 1,801.79 02/26/16 SHEA, STEPHANIE 1,610.59 02/26/16 SHEPPERD, FAITH 2,023.70 02/26/16 KVAM, DAVID 4,551.01 02/26/16 SCHNELL, PAUL 5,248.66 02/26/16 BERG, TERESA 1,960.00 02/26/16 CORCORAN, THERESA 2,044.89 02/26/16 VITT, SANDRA 1,237.52 02/26/16 WEAVER, KRISTINE 2,534.49 02/26/16 OSTER, ANDREA 2,049.51 02/26/16 RICHTER, CHARLENE 1,048.07 02/26/16 MECHELKE, SHERRIE 1,126.19 02/26/16 MOY, PAMELA 1,634.07 02/26/16 CRAWFORD, LEIGH 1,964.19 02/26/16 LARSON, MICHELLE 2,042.59 02/26/16 LO, CHING 844.09 02/26/16 SCHMIDT, DEBORAH 3,281.11 02/26/16 BEGGS, REGAN 1,820.81 02/26/16 HAAG, KAREN 4,707.36 02/26/16 RUEB, JOSEPH 3,333.72 02/26/16 ARNOLD, AJLA 1,942.03 02/26/16 ANDERSON, CAROLE 2,611.76 02/26/16 DEBILZAN, JUDY 2,282.59 02/26/16 BAUMAN, GAYLE 5,026.96 02/26/16 OSWALD, BRENDA 2,048.64 02/26/16 KNUTSON, ALEC 330.00 02/26/16 RAMEAUX, THERESE 3,823.44 02/26/16 JAHN, DAVID 2,375.32 02/26/16 BURLINGAME, SARAH 2,433.31 02/26/16 KNUTSON, LOIS 2,528.39 02/26/16 G1, Attachments Packet Page Number 35 of 186 160.00 100.00 02/26/16 IMM, TRACY 240.32 02/26/16 JANSEN, CHAD 270.74 02/26/16 HAWTHORNE, ROCHELLE 4,524.38 02/26/16 HUTCHINSON, JAMES 509.89 02/26/16 HALE, JOSEPH 441.88 02/26/16 HALWEG, JODI 3,909.62 02/26/16 EVERSON, PAUL 3,938.89 02/26/16 HAGEN, MICHAEL 863.23 02/26/16 DABRUZZI, THOMAS 3,239.48 02/26/16 DAWSON, RICHARD 3,967.70 02/26/16 CRAWFORD - JR, RAYMOND 4,434.88 02/26/16 CRUMMY, CHARLES 381.52 02/26/16 CAPISTRANT, JOHN 580.56 02/26/16 COREY, ROBERT 390.99 02/26/16 BOURQUIN, RON 1,018.25 02/26/16 CAPISTRANT, JACOB 194.20 02/26/16 BAUMAN, ANDREW 3,250.24 02/26/16 BEITLER, NATHAN 149.19 02/26/16 BAHL, DAVID 441.32 02/26/16 BASSETT, BRENT 196.75 02/26/16 ZAPPA, ANDREW 2,388.24 02/26/16 ANDERSON, BRIAN 380.38 02/26/16 WENZEL, JAY 3,278.62 02/26/16 XIONG, KAO 3,375.70 02/26/16 THIENES, PAUL 3,786.81 02/26/16 VANG, PAM 2,077.14 02/26/16 TAUZELL, BRIAN 3,296.70 02/26/16 THEISEN, PAUL 3,334.60 02/26/16 STEINER, JOSEPH 4,045.23 02/26/16 SYPNIEWSKI, WILLIAM 3,098.90 02/26/16 SLATER, BENJAMIN 2,642.48 02/26/16 STARKEY, ROBERT 471.25 02/26/16 REZNY, BRADLEY 3,503.93 02/26/16 SCHOEN, ZACHARY 3,095.24 02/26/16 PARKER, JAMES 3,035.88 02/26/16 PETERSON, JARED 2,218.48 02/26/16 OLDING, PARKER 745.20 02/26/16 OLSON, JULIE 3,162.13 02/26/16 MULVIHILL, MARIA 2,742.48 02/26/16 NYE, MICHAEL 4,299.51 02/26/16 METRY, ALESIA 3,334.60 02/26/16 MICHELETTI, BRIAN 3,325.82 02/26/16 MARINO, JASON 3,220.38 02/26/16 MCCARTY, GLEN 3,411.66 02/26/16 LANGNER, TODD 3,593.42 02/26/16 LYNCH, KATHERINE 3,240.81 02/26/16 LANDEROS CRUZ, JESSICA 464.00 02/26/16 LANGNER, SCOTT 3,162.13 02/26/16 KREKELER, NICHOLAS 1,003.39 02/26/16 KROLL, BRETT 3,176.89 02/26/16 JOHNSON, KEVIN 4,382.38 02/26/16 KONG, TOMMY 3,162.13 02/26/16 JAMES JR, JUSTIN 464.00 02/26/16 JASKOWIAK, AMANDA 480.00 02/26/16 HOEMKE, MICHAEL 2,642.48 02/26/16 HOFMEISTER, TIMOTHY 503.75 02/26/16 HER, PHENG 3,035.88 02/26/16 HIEBERT, STEVEN 3,421.30 02/26/16 GABRIEL, ANTHONY 3,772.44 02/26/16 HAWKINSON JR, TIMOTHY 3,422.24 02/26/16 FORSYTHE, MARCUS 3,240.81 02/26/16 FRITZE, DEREK 3,271.38 02/26/16 FISHER, CASSANDRA 1,581.94 G1, Attachments Packet Page Number 36 of 186 02/26/16 BIESANZ, OAKLEY 2,021.73 02/26/16 NORDQUIST, RICHARD 2,320.64 02/26/16 ORE, JORDAN 2,015.29 02/26/16 HINNENKAMP, GARY 2,536.80 02/26/16 NAUGHTON, JOHN 2,324.89 02/26/16 HAMRE, MILES 1,962.40 02/26/16 HAYS, TAMARA 752.73 02/26/16 KONEWKO, DUWAYNE 4,770.12 02/26/16 SONNEK, MELISSA 817.50 02/26/16 ZIEMAN, SCOTT 100.00 02/26/16 JANASZAK, MEGHAN 738.59 02/26/16 LOVE, STEVEN 4,167.22 02/26/16 THOMPSON, MICHAEL 5,001.31 02/26/16 JAROSCH, JONATHAN 3,532.33 02/26/16 LINDBLOM, RANDAL 2,946.31 02/26/16 DUCHARME, JOHN 2,946.31 02/26/16 ENGSTROM, ANDREW 2,966.89 02/26/16 TEVLIN, TODD 2,487.74 02/26/16 BURLINGAME, NATHAN 2,612.00 02/26/16 RUIZ, RICARDO 2,015.29 02/26/16 RUNNING, ROBERT 2,729.97 02/26/16 NAGEL, BRYAN 3,851.10 02/26/16 OSWALD, ERICK 2,406.30 02/26/16 JONES, DONALD 2,363.35 02/26/16 MEISSNER, BRENT 2,479.75 02/26/16 DEBILZAN, THOMAS 1,463.42 02/26/16 EDGE, DOUGLAS 2,449.35 02/26/16 BRINK, TROY 2,904.96 02/26/16 BUCKLEY, BRENT 2,709.00 02/26/16 CORTESI, LUANNE 2,042.59 02/26/16 SINDT, ANDREA 2,681.00 02/26/16 LUKIN, STEVEN 4,988.41 02/26/16 ZWIEG, SUSAN 1,233.66 02/26/16 TROXEL, REID 37.55 02/26/16 GERVAIS-JR, CLARENCE 4,281.98 02/26/16 STREFF, MICHAEL 3,501.30 02/26/16 SVENDSEN, RONALD 4,554.49 02/26/16 RODRIGUEZ, ROBERTO 318.19 02/26/16 SEDLACEK, JEFFREY 3,405.60 02/26/16 RICE, CHRISTOPHER 39.91 02/26/16 RODDY, BRETT 317.48 02/26/16 POWERS, KENNETH 547.46 02/26/16 RAINEY, JAMES 947.94 02/26/16 PETERSON, MARK 617.81 02/26/16 PETERSON, ROBERT 3,458.17 02/26/16 PACHECO, ALPHONSE 225.55 02/26/16 PARROW, JOSHUA 199.53 02/26/16 OLSON, JAMES 3,654.42 02/26/16 OPHEIM, JOHN 302.80 02/26/16 NOVAK, JEROME 3,938.66 02/26/16 NOWICKI, PAUL 248.30 02/26/16 NEILY, STEVEN 322.70 02/26/16 NIELSEN, KENNETH 72.96 02/26/16 MONDOR, MICHAEL 4,025.34 02/26/16 MORGAN, JEFFERY 234.31 02/26/16 LOCHEN, MICHAEL 881.01 02/26/16 MERKATORIS, BRETT 197.11 02/26/16 KUBAT, ERIC 3,233.96 02/26/16 LINDER, TIMOTHY 5,032.50 02/26/16 KERSKA, JOSEPH 512.16 02/26/16 KONDER, RONALD 884.36 02/26/16 KANE, ROBERT 937.63 02/26/16 KARRAS, JAMIE 483.90 G1, Attachments Packet Page Number 37 of 186 02/26/16 KRECH, TRAVIS 274.50 02/26/16 KUHN, MATTHEW 319.50 02/26/16 HERMANN, MICHELLE 231.00 02/26/16 HOFMEISTER, MARY 1,201.60 02/26/16 GIBSON, CHRISTINE 2,063.96 02/26/16 HENDRICKS, JENNIFER 596.45 02/26/16 DIONNE, ANN 346.50 02/26/16 EVANS, CHRISTINE 2,174.03 02/26/16 WILBER, JEFFREY 1,905.79 02/26/16 CRANDALL, KRISTA 80.33 02/26/16 JENSEN, JOSEPH 1,835.31 02/26/16 SCHULTZ, SCOTT 3,894.83 02/26/16 ADAMS, DAVID 2,207.20 02/26/16 HAAG, MARK 2,592.95 02/26/16 WILLIAMS, JAMES 121.50 02/26/16 XIONG, BLONG 116.00 02/26/16 TAYLOR, JAMES 3,605.73 02/26/16 THIELMAN, RICHARD 97.50 02/26/16 SALINAS, DANIEL 54.00 02/26/16 STILP, MADISON 14.00 02/26/16 RYCHLICKI, NICHOLE 60.00 02/26/16 SALCHOW, CONNOR 162.00 02/26/16 ROBBINS, CAMDEN 489.50 02/26/16 RUSS, KAYLA 85.50 02/26/16 RASMUSSEN, BRADLEY 57.00 02/26/16 ROBBINS, AUDRA 3,605.73 02/26/16 PHENGPHAENG, RICKY 29.25 02/26/16 PIEPER, THEODORE 206.00 02/26/16 NORDLING, AARON 150.00 02/26/16 PHENGPHAENG, MAICHOUA 274.50 02/26/16 MOUA, CHEE 37.50 02/26/16 MURRAY, LYNDSAY 108.00 02/26/16 MCKANE, COLLIN 108.00 02/26/16 MIGGLER, ABIGAIL 14.00 02/26/16 KUSTERMAN, KEVIN 53.00 02/26/16 LESNICK, JACOB 81.00 02/26/16 JASKULSKE, JOHN 28.00 02/26/16 JORGENSON, SETH 127.00 02/26/16 HILDEBRANDT, ALANNA 54.00 02/26/16 JACOBS, ROCHELLE 142.50 02/26/16 BRENEMAN, NEIL 2,558.95 02/26/16 ETTER, LAURA 56.00 02/26/16 ANDERSON, JOSHUA 92.00 02/26/16 BJORK, BRANDON 233.75 02/26/16 WELLENS, MOLLY 2,161.94 02/26/16 ABRAHAMSON, AMANDA 53.00 02/26/16 SWANSON, CHRIS 1,972.99 02/26/16 WEIDNER, JAMES 1,540.00 02/26/16 CARVER, NICHOLAS 4,517.64 02/26/16 SWAN, DAVID 2,970.59 02/26/16 MARTIN, MICHAEL 3,371.97 02/26/16 BRASH, JASON 2,941.29 02/26/16 FINWALL, SHANN 3,553.89 02/26/16 LORENZ, DANIELA 382.50 02/26/16 JOHNSON, ELIZABETH 1,625.14 02/26/16 KROLL, LISA 2,106.59 02/26/16 GAYNOR, VIRGINIA 3,513.22 02/26/16 HOIER, KARA 179.98 02/26/16 SOUTTER, CHRISTINE 476.88 02/26/16 WACHAL, KAREN 1,145.49 02/26/16 GERNES, CAROLE 1,658.48 02/26/16 HUTCHINSON, ANN 2,873.90 02/26/16 DEAVER, CHARLES 819.97 G1, Attachments Packet Page Number 38 of 186 02/26/16 HEINTZ, JOSHUA 198.00 02/26/16 KRECH, ELAINE 696.64 02/26/16 CRAWFORD, SHAWN 600.00 02/26/16 DOUGLASS, TOM 2,394.19 02/26/16 REILLY, MICHAEL 2,081.69 02/26/16 STEFFEN, MICHAEL 108.00 02/26/16 MALONEY, SHAUNA 238.50 02/26/16 PRINS, KELLY 2,023.70 02/26/16 PRIEM, STEVEN 2,612.79 02/26/16 OJCZYK, CYNTHIA 282.00 02/26/16 TRAUTMAN, JACOB 252.00 02/26/16 LANGER, CHELSEA 66.50 02/26/16 AUSTIN, CATHERINE 243.00 02/26/16 FRANZMEIER, EILEEN 152.25 02/26/16 GRACE, EMILY 175.89 02/26/16 CHRISTAL, JENNIFER 82.50 02/26/16 ELLISON, LELIA 65.00 02/26/16 BOSLEY, CAROL 129.25 02/26/16 BUTLER-MILLER, JADE 175.77 02/26/16 AUBUCHON, IMAGINARA 814.08 02/26/16 BILJAN, MERANDA 28.50 02/26/16 YANG, JUDY 122.00 02/26/16 ZIMMERMAN, JANE 279.52 02/26/16 WAGNER, JODY 109.00 02/26/16 WAKEM, CAITLYN 36.00 02/26/16 TUPY, HEIDE 17.36 02/26/16 TUPY, MARCUS 96.00 02/26/16 TREPANIER, TODD 331.32 02/26/16 TRUONG, CHAU 84.00 02/26/16 SCHREIER, ROSEMARIE 130.70 02/26/16 SMITLEY, SHARON 254.96 02/26/16 ROMERO, JENNIFER 47.00 02/26/16 SCHERER, KATHLENE 44.19 02/26/16 RICHTER, DANIEL 114.90 02/26/16 ROLLERSON, TERRANCE 45.57 02/26/16 RANEY, COURTNEY 1,032.26 02/26/16 RESENDIZ, LORI 2,837.55 02/26/16 NITZ, CARA 347.41 02/26/16 OHS, CYNTHIA 127.88 02/26/16 MCKILLOP, AMANDA 146.26 02/26/16 MUSKAT, JULIE 161.77 02/26/16 KRASS, JEFFERY 144.00 02/26/16 LAMSON, ELIANA 27.38 02/26/16 IACARELLA-FUDALI, BARBARA 73.00 02/26/16 JOHNSON, BARBARA 497.00 02/26/16 HAASCH, ANGELA 66.50 02/26/16 HOLMBERG, LADONNA 169.14 02/26/16 GRUENHAGEN, LINDA 413.43 02/26/16 GUSTAFSON, BRENDA 196.00 02/26/16 GARTNER, DARYL 68.00 02/26/16 GREGG, PETER 289.25 02/26/16 DEMPSEY, BETH 312.40 02/26/16 ERICKSON-CLARK, CAROL 37.50 02/26/16 BEAR, AMANDA 220.50 02/26/16 BUTLER, ANGELA 95.82 02/26/16 YANG, YOUA 365.00 02/26/16 BASSETT, ANDREA 191.00 02/26/16 ST SAUVER, CRAIG 726.00 02/26/16 WISTL, MOLLY 383.13 02/26/16 RUZICHKA, JANICE 267.81 02/26/16 SKRYPEK, JOSHUA 434.50 02/26/16 O'CONNER, TERRINA 1,018.63 02/26/16 ORTIZ, ROSALIA 346.50 G1, Attachments Packet Page Number 39 of 186 99102064 99102065 99102066 99102067 99102068 99102069 99102070 99102071 99102072 99102073 99102074 120.75 02/26/16 KRUEGER, SCOTT 42.00 02/26/16 BRADY, MADYSON 108.00 02/26/16 DIEZ, ANTONIO 259.00 534,113.01 02/26/16 VANG, VICHAI 110.00 02/26/16 CRAYNE, WILLIAM 207.00 02/26/16 WILLIAMS III, WALLACE 120.00 02/26/16 SMITH, JEROME 145.50 02/26/16 MEISSNER, MICHAEL 54.00 02/26/16 WAGNER, ERIC 112.00 02/26/16 GREENER, DOUGLAS 02/26/16 RENNER, MICHAEL 2,113.15 02/26/16 BONKO, NICHOLAS 60.00 02/26/16 FRANZEN, NICHOLAS 3,244.77 02/26/16 FOWLDS, MYCHAL 4,136.85 02/26/16 XIONG, BOON 1,879.29 02/26/16 BERGO, CHAD 2,936.67 02/26/16 WOEHRLE, MATTHEW 2,495.09 G1, Attachments Packet Page Number 40 of 186 G2 AGENDA REPORT TO: Melinda Coleman, City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Approval of Accept Donations on our Behalf to the National Fire Safety Council for Fire Education Literature DATE: March 9, 2016 INTRODUCTION The National Fire Safety Council, Inc. received donations in the amount of $1,848.75 on our behalf from Schmelz Countryside, Kline Autoworld Volvo, Kline Autoworld Nissan, Saints North Maplewood Roller Rink, Allhiser Insurance, Hmong American Alliance Church, University Auto and MyMedical Clinic for the purchase of fire education literature. RECOMMENDATION I recommend that the city council approve to accept the donations on our behalf in the amount of $1,848.75 to the National Fire Safety Council, Inc. Packet Page Number 41 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works Bryan Nagel, Street Superintendent DATE: March 7, 2016 SUBJECT: Authorize Purchase of Bituminous Materials for 2016 Introduction Each year an allocation is made in the Public Works operating budget for bituminous purchases in order to maintain roads through patching, paving, and curb repairs. It is anticipated that the bituminous purchases will be $55,000.00 during the 2016 season. This amount is budgeted and was approved as part of the 2016 budget. Discussion The supplier of bituminous materials is TA Schifsky and Sons due the proximate location in North Saint Paul (5 minutes from our yard), similar or lower pricing to other plants, and also because they allow our crews to recycle materials at no charge. The other nearby plant is in St. Paul which is approximately a 35-40 minute round trip which is not efficient in vehicle use or staff time. The most recent available pricing that the Street Superintendent obtained on March 7, 2016 from TA Schifsky and Sons was for $57.50/ton (still operating under 2015 pricing with possible price adjustment in April 2016) while the City of St. Paul is at $75.00/ton (2016 temporary price list). The price list at both plants fluctuates with the change in commodity pricing. It is proposed to continue utilizing the materials from TA Schifsky and Sons for 2016 since it has been found to continue to be the most competitive for our use. Budget Impact There is no impact on the approved budget as this expenditure was expected and approved as part of the 2016 Public Works operating budget:  Street Maintenance 101-502-000-4180 $55,000.00 Recommendation It is recommended that the City Council authorize the Street Superintendent to purchase bituminous materials in an amount up to $55,000.00 from T.A. Schifsky and Sons. G3 Packet Page Number 42 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works Bryan Nagel, Street Superintendent DATE: March 1, 2016 SUBJECT: Approval to Authorize Ramsey County to Perform 2016 Street Striping Introduction Each year the Ramsey County Public Works Department provides roadway pavement striping services to the various municipalities within the county. The council will consider authorizing Ramsey County to perform pavement striping needs for Maplewood. Background Pavement striping is important to vehicular and pedestrian traffic. Ramsey County has sent out the yearly notification for the 2016 striping services. Each year when staff receives the notification it evaluates the existing conditions and any upcoming projects or maintenance operations. Typically about 50% of striping throughout the city is done each year, similar to what is proposed for 2016. Budget Impact The funds were allocated in the approved 2016 Public Works operating budget under 101-502 “Fees for service”. No adjustments are necessary. Recommendation It is recommended that the council authorize Ramsey County to perform city pavement striping needs, in an amount not to exceed $24,000.00. G4 Packet Page Number 43 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, City Engineer / Public Works Director DATE: March 5, 2016 SUBJECT: Approval of Resolution Approving Final Payment and Acceptance of Project, TH 36/English Street Interchange Improvements, City Project 09-08 Introduction The city council will consider approving the attached resolution approving final payment and acceptance of project for the TH 36/English Street Interchange Improvements, City Project 09- 08. Background The council awarded a construction contract to Forest Lake Contracting, Inc. for the TH 36/English Street Interchange Improvements, City Project 09-08 on January 28, 2013 in the amount of $16,577,185.42. There have been six change orders to date in the total amount of $2,555,862.29 with a revised approved contract total of $19,133,047.71. Discussion The contractor, Forest Lake Contracting, Inc., has completed the project improvements. City staff and the project consultants have reviewed the work and deemed it acceptable. The contractor has also submitted all final project closeout documents required for final acceptance of the project. The full 160 page payment document is available in office of city engineer. Budget Impact The final construction contract amount is $19,133,047.71 while the actual construction cost is $19,074,579.20. No adjustment to the approved budget is needed. Recommendation Staff recommends that the council approve the attached Resolution Approving Final Payment and Acceptance of Project for the TH 36/English Street Interchange Improvements, City Project 09-08. Attachments 1. Resolution Approving Final Payment and Acceptance of Project 2. Final Payment Application Summary G5 Packet Page Number 44 of 186 RESOLUTION APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PROJECT 09-08 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 09-08, Highway 36/English Street Interchange Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Highway 36/English Street Interchange Improvements Project 09-08 is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. City Project 09-08 is complete and maintenance of these improvements is accepted by the city; the final construction cost is $19,074,579.20. Final payment to Forest Lake Contracting, Inc., and the release of any retainage or escrow is hereby authorized. Adopted by the Maplewood City Council on this 14th day of March 2016. G5, Attachment 1 Packet Page Number 45 of 186 G5, Attachment 2Packet Page Number 46 of 186 Payment No. Payment End-Date Payment Application Date Amount 1 3/28/2013 4/2/2013 235,610.77$ 2 4/30/2013 5/7/2013 1,225,368.74$ 3 5/28/2013 6/4/2013 1,250,987.55$ 4 6/17/2013 6/18/2013 1,743,494.16$ 5 6/29/2013 7/2/2013 2,261,270.52$ 6 7/15/2013 7/16/2013 1,238,898.89$ 7 7/29/2013 7/30/2013 1,432,889.66$ 8 8/12/2013 8/13/2013 1,455,344.59$ 9 8/26/2013 8/27/2013 1,221,797.81$ 10 9/9/2013 9/9/2013 1,302,851.05$ 11 9/30/2013 10/1/2013 825,207.15$ 12 10/18/2013 10/22/2013 490,429.04$ 13 11/6/2013 11/12/2013 1,290,244.46$ 14 1/29/2014 1/31/2014 2,242,366.45$ 15 3/6/2014 3/11/2014 546,302.60$ 16 7/30/2014 8/5/2014 157,054.88$ 17 12/1/2014 12/8/2014 95,002.71$ 18 3/9/2015 3/16/2015 48,586.38$ 19 12/31/2015 2/10/2016 10,871.79$ Total Payments:19,074,579.20$ PAYMENT HISTORY G5, Attachment 2 Packet Page Number 47 of 186 Change Order No. Change Order Approval Date Change Order Payment Date Amount 1 4/29/2013 5/7/2013 47,338.37$ 2 6/24/2013 7/2/2013 48,427.46$ 3 8/12/2013 8/27/2013 45,552.15$ 4 10/28/2013 11/12/2013 328,663.38$ 5 1/27/2014 1/31/2014 1,954,221.04$ 6 6/9/2014 8/5/2014 131,659.89$ 7 8 9 10 11 Total Change Order:2,555,862.29$ CONTRACT AMENDMENT HISTORY G5, Attachment 2 Packet Page Number 48 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Terrie Rameaux, Human Resource Coordinator Mike Funk, Assistant City Manager/HR Director DATE: March 8, 2016 SUBJECT: Approval of 2016 - 2017 Service Agreement between City of Maplewood and National Financial Partners (NFP) Introduction The term for the current agreement between the City of Maplewood and NFP ended on December 31, 2015; and staff seeks consideration to approve a new 2-year agreement. Background NFP has been a valued strategic partner to the City of Maplewood by providing insurance broker services since April 2004. In 2009, the City and NFP renegotiated their broker fee from $76,000 per year to $45,000 per year starting in the 2010 contract year. This resulted in annual savings of $31,000. This fee is included in the insurance premiums, which is paid to Medica by the City and then dispersed directly to NFP. NFP works closely with HR Staff and the Insurance Labor-Management Committee to represent the City and Committee’s interests in securing competitive bids, successfully bringing insurance costs down, and providing compliance services; particularly with regard to the Affordable Healthcare Act. Since 2005, NFP has saved the city $1,712,402 in health insurance premiums. They have a demonstrated track record of responsiveness, professionalism, attention to detail, and have provided excellent customer service to the City. They have also provided additional ongoing support and assistance in the past few years to the City’s Wellness Committee. The service agreement is provided for approval and execution as part of this agenda item. Budget Impact Since 2010, NFP has not increased the fee from $45,000. In the attached agreement, NFP again proposes no changes and will keep the fee flat for both years. The contract fee of $45,000 was included in the current 2016 budget. This same amount will forwarded to Finance for inclusion in the 2017 budget. G6 Packet Page Number 49 of 186 Recommendation It is recommended that the City Council approve the attached 2-year service agreement with NFP for calendar years 2016 and 2017. Attachments 1. 2016 - 2017 Service Agreement between City of Maplewood and NFP G6 Packet Page Number 50 of 186 G6, Attachment 1 Packet Page Number 51 of 186 G6, Attachment 1 Packet Page Number 52 of 186 G6, Attachment 1 Packet Page Number 53 of 186 G6, Attachment 1 Packet Page Number 54 of 186 G6, Attachment 1 Packet Page Number 55 of 186 G7 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag , Director Citizen Services DATE: March 8, 2016 SUBJECT: Approval of a Temporary Lawful Gambling - Local Permit for the Carver Elementary PTO, 2680 Upper Afton Road Introduction An application has been submitted for a temporary Lawful Gambling - Local permit by Colleen Monahan on behalf of the Carver Elementary PTO, 2680 Upper Afton Rd. Background This permit will be used to conduct a raffle at the organization’s Spring Carnival, which the school hosts annually. The event will be held on Friday, May 6, 2016 from 5:30pm to 8:00pm and proceeds will go towards enhancing the educational experience of Carver Elementary students. The applicant has also submitted an Application for Exempt Permit, required by MN Statute §349.166 and processed by the Minnesota Gambling Control Board upon acknowledgment of the City. MN Statute §349.166 also requires that the applying organization notify the local government unit 30 days before the lawful gambling occasion. Budget Impact None Recommendation Staff recommends that Council approve the Lawful Gambling - Local permit for the Carver Elementary PTO fundraising event on May 6, 2016 at Carver Elementary School, 2680 Upper Afton Rd 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 56 of 186 G8 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mychal Fowlds, IT Director DATE: March 9, 2016 SUBJECT: Approval to Enter into Agreement with North Suburban Access Corporation for Webcasting Services Introduction The City of Maplewood has received webcasting services from the North Suburban Access Corporation (NSAC) since 2009. At that time, the agreement was entered into by NSAC and the Ramsey/Washington Suburban Cable Commission (RWSCC). As the City is no longer a member of RWSCC , we now need to enter into a new agreement directly with NSAC. Background As stated above, the City of Maplewood and RWSCC began exploring streaming options in 2009. NSAC was chosen as the vendor to provide those services, and an ag reement was entered into between NSAC and RWSCC that would allow that service to be offered to member cities of RWSCC. The City began streaming our meetings in 2009 and have been doing so ever since via the service provided by NSAC. The fees for this service were paid for by RWSCC via funds collected from Maplewood cable subscribers. As of January 1, 2016, the City of Maplewood is no longer a member of RWSCC and, therefore, is no longer eligible to obtain webcasting services from NSAC under the previously entered into agreement. Staff has been satisfied with the streaming services the City has received over the past seven years and are now recommending entering into an agreement for those services directly with NSAC. Approval of this item will allow the City to continue providing live and archived webcasting services for all City Council/Board/Commission meetings. Budget Impact The monthly service fees, in the amount of $1,066.35, have been budgeted for and will be paid for by PEG fees via the Cable Fund. Recommendation Staff recommends that the Council give the approval to enter into an agreement with the North Suburban Access Corporation to provide webcasting services to the City of Maplewood. Attachments 1. Agreement for Webcasting Services Packet Page Number 57 of 186 AGREEMENT FOR WEBCASTING SERVICES PROVIDED BY NORTH SUBURBAN ACCESS CORPORATION (dba CTV North Suburbs) North Suburban Access Corporation, dba CTV North Suburbs (CTV), hereby agrees to provide municipal video webcasting services to the City of Maplewood (City) in return for financial consideration as outlined in the agreement. 1. CTV Agrees that it will: a. Post live and/or encoded city meetings on the city's website. Live meetings will be streamed live, while encoded meetings will be posted within 24 hours. b. For encoded meetings, post within 24 hours the accompanying agendas. CTV will post links between agenda items and their video discussion within 24 hour. c. Provide technical troubleshooting assistance for audio and/or video problems with the web streaming equipment. If city equipment malfunctions CTV will troubleshoot and, if requested, correct the problem at no charge to the city. The city is responsible for any equipment replacement purchases. d. Keep web-streamed meetings available on a website archive for a minimum of 18 months 2. City Agrees that it will: a. Provide your CTV contact with monthly schedule of all live meetings to be streamed and/or encoded for posting on the website. Meeting types are listed below i. Housing and Economic Development Commission ii. City Council Workshop/Meeting iii. Community Review Design Board iv. Environmental & Natural Resources Commission v. Historical Preservation Commission vi. Human Rights Commission vii. Parks & Recreation Commission viii. Planning Commission ix. Police Civil Service Commission 3. Liability CTV is not responsible for the content of any live or recorded programming provided by the City and encoded for web streaming. G8, Attachment 1 Packet Page Number 58 of 186 4. Compensation a. Beginning on January 1, 2016, City agrees to pay CTV $1,066.35 per month for the services described above. b. CTV reserves the right to impose an annual increase to the billed amount – not to exceed_4% - on each anniversary of this contract. 5. Amendment and Cancellation a. Amendments to this contract require the written agreement of both parties and take effect on the date indicated by the amendment. b. Either party to this agreement can withdraw from or cancel this agreement with 30 days written notice. For North Suburban Access Corporation (CTV North Suburbs) Coralie A. Wilson, Executive Director Date For the City of Maplewood (City) Date G8, Attachment 1 Packet Page Number 59 of 186 G9 MEMORANDUM TO: City Manager Melinda Coleman FROM: Chief of Police Paul P. Schnell DATE: March 9, 2016 SUBJECT: Approval of Ramsey County Sheriff’s Office Special Weapons and Tactics Team Agreement Introduction To establish clarity around the function, purpose, and authority of the Ramsey County Sheriff’s Special Weapons and Tactics (SWAT) Team, it was determined that a written agreement was needed to formalize understanding across all participating agencies. Background The Maplewood Police Department has long participated in the Ramsey County Sheriff’s Special Weapons and Tactics Team by providing personnel to support the team and its operations. SWAT is a highly special law enforcement function, necessary to respond to and address some of the incidents with the greatest threat to public safety. While these incidents are fortunately rare, the team is deployed approximately 25 times annually. At present, Maplewood has two officers assigned to the SWAT. SWAT members participate in approximately 3 days of specialized training each month. The agreement establishes that the local or requesting department maintains overarching incident command in controlled SWAT operations, which is important from a local and liability perspective. The agreement does not establish a special joint powers governance board, as the Team function is regarded as a mutual aid asset. Budget Impact As budgeted: staff time, training, and equipment. Recommendation It is recommended that the City Council approve the Agreement with and between the Ramsey County Sheriff’s Office, the City of Maplewood, and other participating communities. Attachments 1. Agreement Packet Page Number 60 of 186 #207943 1 RAMSEY COUNTY SHERIFF'S SPECIAL WEAPONS AND TACTICS TEAM JOINT POWERS AGREEMENT The Parties to this Agreement are the City of Maplewood, the City of White Bear Lake, the City of Mounds View, and the County of Ramsey (collectively, "Parties"). The Parties are all units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the Parties by Minn. Stat § 471.59. This Agreement shall become effective only upon the approval and execution hereof by duly authorized officials of all of the Parties. NOW, THEREFORE, the undersigned Parties, in the joint and mutual exercise of their powers, agree as follows: 1. Purpose 1.1 The purpose of this Joint Powers Agreement ("Agreement") is to formally create and establish the Ramsey County Sheriff's Special Weapons and Tactics Team ("RC-SWAT" or "Team") as an organization to coordinate efforts to develop and provide joint responses to critical incidents or high risk entries where there is a risk of criminal violence, occurring within and outside of the Parties' jurisdictions. 1.2 It is the intent of the parties that the RC-SWAT does not constitute a separate entity under Minnesota law. 2. Budget and Finance 2.1 The Ramsey County Sheriff's Office ("RCSO") shall provide a budget for basic operations of the RC-SWAT. The RCSO shall provide budgeting and accounting services as necessary or convenient for the RC-SWAT. Such services shall include but not be limited to: management of funds, payment for contracted services and other financial obligations set forth in this Agreement, and relevant bookkeeping and record keeping. 2.2 The Parties will provide basic uniforms and equipment for their Team members. Parties may lend or provide additional equipment to RC-SWAT, as they are able. 2.3 The RC-SWAT does not have the authority to seize property for purposes of Minn. Stat. §§ 609.531-.5318. G9, Attachment 1 Packet Page Number 61 of 186 #207943 2 2.4 All property and cash monies obtained through forfeiture that are derived from RC-SWAT operations shall remain the property of the law enforcement agency of record where the operation occurred. 3. Team Leaders 3.1 The Ramsey County Sheriff shall appoint a Team Commander to lead the RC-SWAT. 3.2 The Team Commander shall appoint an Executive Officer. 3.3 The Team Commander and Executive Officer shall appoint POST-licensed peace officers to serve as RC-SWAT Team Leaders. Appointment as a Team Leader pursuant to this Agreement shall not obligate any Party to pay to its employees so appointed supervisory or other premium pay except as provided by the collective bargaining Agreement between the Party and its employees. 3.4 Team Leaders appointed to the RC-SWAT at all times will remain employees of the leaders' own jurisdictions and will not be employees of the RCSO or the RC-SWAT. 3.5 Team Leaders shall be the liaison between the Team members and the Team Commander or Executive Officer when a RC-SWAT team has been deployed pursuant to this Agreement. Team leaders may fill the role of Team Commander or Executive Officer when asked to do so by the Team Commander or the Executive Officer. 4. Team Members 4.1 The chief law enforcement officer of each Party approves POST-licensed peace officers from their law enforcement agency who meet the minimal qualifications, as set by the Team Commander, to test for the RC-SWAT. The testing process is to select the best peace officers for the position regardless of members' own jurisdictions. As a result of the competitive process, an agency participating may not have a peace officer on the Team. Appointment as a Team Member pursuant to this Agreement shall not obligate any Party to pay its employees so appointed any premium pay except as provided by the collective bargaining Agreement between the Party and its employees. 4.2 Team Members appointed to the RC-SWAT will at all times remain employees of the Members' own jurisdictions. 4.3 Team members appointed to the RC-SWAT may be removed from RC- SWAT by the Team Commander based on performance, safety, participation, and RC-SWAT Policy regardless of the members' own jurisdictions. G9, Attachment 1 Packet Page Number 62 of 186 #207943 3 5. Operations 5.1 Training. The Team Commander shall be responsible for arranging training events for Team Leaders and Team Members, consistent with the National Tactical Officers Association (NTOA) standards. The Team Commander shall also be responsible for maintaining records of the training received by Team Leaders and Team Members as well as records of all other activities undertaken by the Team Commander, Executive Officer, Team Leaders, and Team Members pursuant to this Agreement. 5.2 Deployment 5.2.1 Definitions and Controlling Law. A Party to this Agreement may request assistance from RC-SWAT. A Party requesting assistance is the "Requesting Party" or "Receiving Party." The Parties that compose RC-SWAT are the "Responding Parties." Requests for assistance by Parties to this Agreement are governed by Minn. Stat. § 12.331, except as modified by this Agreement. 5.2.2 Requests for Assistance by Parties. Whenever a Party determines that conditions within its jurisdiction require specialized support in handling critical field operations, where intense negotiations or special tactical deployment methods appear to be necessary, the Party may request that the Ramsey County Sheriff or his or her designee deploy RC-SWAT to assist the Party. Upon a request for assistance, RC-SWAT may be dispatched to the Requesting Party's jurisdiction, in accordance with RC-SWAT policy. The Team Commander or Executive Officer shall notify the Chief Deputy of the RCSO of any request for assistance. No Party or individual member of RC-SWAT shall incur any liability based upon a refusal to respond. In addition, once deployed, the Team Commander or Executive Officer may at any time and in his or her sole judgment recall the Team. The decision to recall a Team deployed pursuant to this Agreement will not result in liability to any Party or to the Team Commander or Executive Officer who recalled the Team. 5.2.3 Direction and Control. Personnel and equipment provided pursuant to this Agreement shall remain the personnel and property of the Party providing the same. The Requesting Party will be in control of the scene. The Team will not engage in any controlled offensive action without the express authorization of the chief law enforcement officer (CLEO) of the Requesting Party, or the CLEO’s designee, or a district court-approved search warrant with a “no-knock” authorization. Nothing in this provision shall limit the Team Commander’s ability to establish Team Member protocol to G9, Attachment 1 Packet Page Number 63 of 186 #207943 4 take emergency action in response to immediate threats to officer or public safety in accordance with law. 5.2.4 Compensation. When the RC-SWAT provides services to a Requesting Party, the Team Members of the RC-SWAT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employers. No charges will be levied by the RC-SWAT or by the Parties for specialized response operations provided to a Requesting Party pursuant to this Agreement unless that assistance continues for a period exceeding 24 continuous hours. If assistance provided pursuant to this Agreement is reimbursable by an outside source, any Party whose officers provided assistance for the RC-SWAT may submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to the RC-SWAT Team Commander. The RC-SWAT shall submit the invoices to the reimbursing entity. The reimbursing entity shall reimburse the RC- SWAT for the actual cost, and the RC-SWAT shall forward the reimbursement to the Responding Party. 5.2.5 Workers' Compensation. Each Party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each Party shall maintain workers' compensation coverage or a program of self- insurance, covering its own personnel while they are providing assistance as a member of the RC-SWAT. Each Party to this Agreement waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other Party or its officers, employees, or agents. 5.2.6 Damage to Equipment. Each Party shall be responsible for damage to or loss of its own equipment occurring during deployment of the RC-SWAT. Each Party waives the right to sue any other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other Party or its officers, employees or agents. 5.2.7 Liability 5.2.7.1 The intent of this section is to impose on each Requesting Party a limited duty to defend and indemnify Responding Parties for claims arising against the Responding Parties subject to the limits of liability under the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466). The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts G9, Attachment 1 Packet Page Number 64 of 186 #207943 5 among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. 5.2.7.2 A Requesting Party shall defend, indemnify and hold harmless the Responding Parties, their employees, officers, and elected and appointed officials for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by a Requesting Party pursuant to this Agreement, subject to the limits of liability under Minnesota Statutes Chapter 466 and other applicable law, rule, and regulation, including common law. 5.2.7.3 For purposes of the Minnesota Municipal Tort Liability Act, the employees and officers of the Responding Parties are deemed to be employees (as defined in Minn. Stat. § 466.01, subd. 6) of the Requesting Party, but only for purposes of addressing liability under this Agreement. The employees of the Responding Parties shall not be considered employees of the Requesting Party for any other purpose. 5.2.7.4 Under no circumstances shall a Party be required to pay on behalf of itself and other Parties any amounts in excess of the limits on liability established in Minn. Stat. Ch. 466 applicable to any one Party. Pursuant to Minn. Stat. § 471.59, subd. 1a., the limits of liability for some or all of the Parties may not be added together to determine the maximum amount of liability for any Party or Requesting Party. In addition to the foregoing, nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to any Party, whether set forth in Minnesota Statutes, Chapter 466, or otherwise. 5.2.7.5 Consistent with Minn. Stat. § 466.07, nothing herein shall be construed to require provision of defense or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 5.2.8 Aid to Non-Parties 5.2.8.1 Definitions and Controlling Law. A political subdivision that is not a Party to this Agreement may request G9, Attachment 1 Packet Page Number 65 of 186 #207943 6 assistance from RC-SWAT. A non-party political subdivision that requests assistance is the "Requesting Political Subdivision" or "Receiving Political Subdivision" as those terms are used in Minn. Stat. § 12.331. The Parties that compose RC-SWAT are the "Sending Political Subdivisions" as that term is used in Minn. Stat. § 12.331. Requests for assistance by other political subdivisions are governed by Minn. Stat. § 12.331. 5.2.8.2 Upon a request for assistance from a political subdivision that is not a Party to this Agreement, RC- SWAT may be deployed to such Requesting Political Subdivision, provided that the Ramsey County Sheriff or his or her designee has consented to such deployment. No Party or individual member of RC-SWAT shall incur any liability based upon a failure to provide assistance. Upon deployment, the Requesting Political Subdivision, will be in control of the scene. The Team will not engage in any controlled offensive action without the express authorization of the chief law enforcement officer (CLEO) of the Requesting Political Subdivision, or the CLEO’s designee, or a district court-approved search warrant with a “no-knock” authorization. Nothing in this provision shall limit the Team Commander’s ability to establish Team Member protocol to take emergency action in response to immediate threats to officer or public safety in accordance with law. 5.2.8.3 Liability and responsibility for use of personnel, equipment, and supplies, resulting from the provision of assistance to a Receiving Political Subdivision shall be allocated in the same manner as provided by Minnesota Statutes § 12.331, subd. 2, i.e., any Party to this agreement assumes the same liability as a Sending Political Subdivision and the non-party assumes the same liability as a Receiving Political Subdivision. 6. Term. The term of this Agreement shall begin upon execution of this Agreement by all Parties. This Agreement shall continue in effect until terminated in accordance with its terms. 7. Withdrawal and Termination 7.1 Withdrawal. Any Party may withdraw from this Agreement upon six (6) months' written notice by first-class mail to the other Parties. Withdrawal by any Party shall not terminate this Agreement with respect to any Parties G9, Attachment 1 Packet Page Number 66 of 186 #207943 7 who have not withdrawn. Withdrawal shall not discharge any liability incurred by any Party, its employees, officers, and elected and appointed officials prior to withdrawal. Such liability shall continue until discharged by law or agreement. 7.2 Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; (b) when a majority of the then-existing Parties agrees to terminate the Agreement upon a date certain; or (c) when the Ramsey County Sheriff, in his or her sole discretion, decides to terminate this Agreement. 7.3 Effect of Termination. Termination shall not discharge any liability incurred by any Party, its employees, officers, and elected and appointed officials during the term of this Agreement. 8. Miscellaneous 8.1 Amendments. This Agreement may be amended only in writing and upon the consent of each of the Parties' governing bodies. 8.2 Counterparts. This Agreement may be executed in two or more copies, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be submitted to the Ramsey County Sheriff. 8.3 Additional Parties. Upon the consent and approval of the existing Parties to this Agreement and their governing bodies, any other municipality operating within Ramsey County may become a Party to this Agreement, upon approval of that municipality's governing body, adoption of a resolution by the municipality's governing body, execution of this Agreement, and submission of a copy of the signed Agreement with Ramsey County. G9, Attachment 1 Packet Page Number 67 of 186 #207943 8 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date this Agreement is signed by the Parties as written below. FOR THE CITY OF MAPLEWOOD Approved: Paul P. Schnell, Chief of Police Date: Approved: Nora Slawik, Mayor Date: Approved: Karen Guilfoile, City Clerk Date: Approved as to Form: By: Alan Kantrud, City Attorney Date: Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE PAGES FOLLOW] G9, Attachment 1 Packet Page Number 68 of 186 #207943 9 FOR THE CITY OF MOUNDS VIEW Approved: Thomas Kinney, Chief of Police Date: Approved: Joe Flaherty, Mayor Date: Approved: James Ericson, City Administrator Date: Approved as to Form: By: Scott J. Riggs, City Attorney Date: Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE PAGES FOLLOW] G9, Attachment 1 Packet Page Number 69 of 186 #207943 10 FOR THE CITY OF WHITE BEAR LAKE Approved: Julie Swanson, Chief of Police Date: Approved: Jo Emerson, Mayor Date: Approved: Ellen Richter, City Clerk Date: Approved as to Form: By: Roger Jensen, City Attorney Date: Designee for purposes of receipt of Notice: Title: Address: [SIGNATURE/PAGES FOLLOW] G9, Attachment 1 Packet Page Number 70 of 186 #207943 11 FOR THE COUNTY OF RAMSEY Approved: Jim McDonough, County Board Chair Date: Janet Guthrie, County Board Acting Chief Clerk Date: Approval recommended: Matthew Bostrom, Sheriff Date: Approved as to Form: By: Kimberly Parker, Assistant County Attorney Date: Designee for purposes of receipt of Notice: Title: Address: G9, Attachment 1 Packet Page Number 71 of 186 G10 MEMORANDUM TO: City Manager Melinda Coleman FROM: Paul Schnell, Chief of Police DATE: March 9, 2016 SUBJECT: Approval of Resolution Authorizing Execution of Criminal Justice Data Networks Joint Powers Agreements W ith and Between the City of Maplewood (Police and Prosecution) and the MN State Courts and Bureau of Criminal Apprehension Introduction The City of Maplewood needs to renew its Master Joint Powers Agreement for utilization of and participation in the State and Federal Criminal Justice Data Networks. Execution of this agreement is necessary for both police and prosecutor operations. City Council approval is required for this agreement. Background The joint powers agreement and subscriber services agreement with the courts allow Maplewood Police and prosecution personnel to access and send data through these secure criminal justice data networks. Renewal of the Master Agreement is required every five years. This action is a Master Agreement renewal. Budget Impact No adverse budget impacts as these services are part of the police department’s current budget. Recommendation It is recommended that the City Council approve the resolution approving the Master Joint Powers Agreement and the Courts Subscriber Services Agreement. Attachments 1. Master Joint Powers Agreement 2. Subscriber Services Agreement 3. Council Resolution Packet Page Number 72 of 186 G10, Attachment 1 SWIFT Contract # 106239 MN0620400 1 STATE OF MINNESOTA JOINT POWERS AGREEMENT AUTHORIZED AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ("BCA") and the City of Maplewood on behalf of its Police Department ("Agency"). Recitals Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency’s equipment to access the BCA’s systems and tools. This is generally accomplished by an individual user entering a query into one of BCA’s systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA’s systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and information in a physical format like a paper report. C. Computer-to-computer system interface occurs when Agency’s computer exchanges data and information with BCA’s computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA’s systems and tools as described in this Agreement. Agency will select a method of access and can change the methodology following the process in Clause 2.10. 2.3 Federal systems access. In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCA may provide Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center. Packet Page Number 73 of 186 G10, Attachment 1 SWIFT Contract # 106239 MN0620400 2 2.4 Agency policies. Both the BCA and the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency’s employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI-CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https://app.dps.mn.gov/cjdn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at https://sps.x.state.mn.us/sites/bcaservicecatalog/default.aspx. Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps.mn.gov/divisions/bca/bca-divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use- of-Systems-and-Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency’s written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the signing of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement. This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor. Any change in performance of the prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us. 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and tools. In order to meet FBI-CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. Packet Page Number 74 of 186 G10, Attachment 1 SWIFT Contract # 106239 MN0620400 3 If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.2B, BCA’s transaction record meets FBI-CJIS requirements. When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must keep a transaction record sufficient to satisfy FBI-CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA’s request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Services Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency’s access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint-based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of One Thousand Nine Hundred Twenty Dollars ($1,920.00) or a total annual cost of Seven Thousand Six Hundred Eighty Dollars ($7,680.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA’s Authorized Representative within ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793-1007, or her successor. The Agency's Authorized Representative is Chief Paul Schnell, 1830 County Road B E, Maplewood, MN 55109, (651) 249-2600, or his/her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above Packet Page Number 75 of 186 G10, Attachment 1 SWIFT Contract # 106239 MN0620400 4 must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 6 Liability Each party will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party’s actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA’s liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency’s liability. 7 Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency’s records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA’s systems, the following provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 Investigation of alleged violations; sanctions Packet Page Number 76 of 186 G10, Attachment 1 SWIFT Contract # 106239 MN0620400 5 For purposes of this clause, “Individual User” means an employee or contractor of Agency. 9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA subject to any restrictions in applicable law. 9.2 Sanctions Involving Only BCA Systems and Tools. The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber Amendment. None of these provisions alter the Agency’s internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User’s access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User’s access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User’s access to systems or tools than that made by Agency and BCA’s determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA’s satisfaction. If Agency’s failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30 days’ written notice to the other party’s Authorized Representative. Packet Page Number 77 of 186 G10, Attachment 1 SWIFT Contract # 106239 MN0620400 6 11.2 Termination for Insufficient Funding. Either party may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other party’s authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party receiving that notice. 12 Continuing obligations The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue. The parties indicate their agreement and authority to execute this Agreement by signing below. 1. AGENCY Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: _____________________________________________ (PRINTED) Signed: ____________________________________________ Title: ______________________________________________ (with delegated authority) Date: ______________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ Packet Page Number 78 of 186 G10, Attachment 2 1 COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment (“Subscriber Amendment”) is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, (“BCA”) and the City of Maplewood on behalf of its Police Department (“Agency”), and by and for the benefit of the State of Minnesota acting through its State Court Administrator’s Office (“Court”) who shall be entitled to enforce any provisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency, SWIFT Contract number 106239, of even or prior date, for Agency use of BCA systems and tools (referred to herein as “the CJDN Subscriber Agreement”). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desires to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscriber Agreement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall remain in effect until expiration or termination of the CJDN Subscriber Agreement unless terminated earlier as provided in this Subscriber Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the other party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their nature are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such term in the CJDN Subscriber Agreement. Packet Page Number 79 of 186 G10, Attachment 2 2 a. “Authorized Court Data Services” means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agreement for Delivery of Court Data Services to CJDN Subscribers (“Master Authorization Agreement”) between the Court and the BCA. b. “Court Data Services” means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Branch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Court. c. “Court Records” means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment, including: i. “Court Case Information” means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. “Court Confidential Case Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. “Court Confidential Security and Activation Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Services user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. “Court Confidential Information” means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information; and ii) Court Confidential Security and Activation Information. d. “DCA” shall mean the district courts of the state of Minnesota and their respective staff. e. “Policies & Notices” means the policies and notices published by the Court in connection with each of its Court Data Services, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscriber Amendment by this reference and provide additional terms and conditions that govern Subscriber’s use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. Packet Page Number 80 of 186 G10, Attachment 2 3 f. “Rules of Public Access” means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time, including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administrative Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof. It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g. “Court” shall mean the State of Minnesota, State Court Administrator's Office. h. “Subscriber” shall mean the Agency. i. “Subscriber Records” means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authorization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set forth in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber’s access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services. Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or Packet Page Number 81 of 186 G10, Attachment 2 4 other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber’s duties required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber’s access to the Court Records for personal or non- official use is prohibited. Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber. 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber’s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber’s obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber’s bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscriber Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber’s bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscriber either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subscriber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber’s bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subscriber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. Packet Page Number 82 of 186 G10, Attachment 2 5 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof, the Court hereby grants to Subscriber a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Court Data Services Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above, and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Court Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Court and its licensors. c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks “MNCIS” and “Odyssey.” d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court or its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. "Trade secret information of Court and its licensors" does not, however, include information which was known to Subscriber prior to Subscriber’s receipt thereof, either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7, sub-section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, or configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its Packet Page Number 83 of 186 G10, Attachment 2 6 licensors and Subscriber will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Services Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title; Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies, thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court’s licensors, and DCA will be irreparably harmed if Subscriber’s obligations under this Subscriber Amendment are not specifically enforced and that the Court, Court’s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court’s licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court’s licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court’s licensors, and DCA for reasonable attorneys fees incurred by the Court, Court’s licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Packet Page Number 84 of 186 G10, Attachment 2 7 Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS-M -0958. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber’s Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber’s Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber’s bona fide personnel or by means of Subscriber’s equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber’s logs and use of Authorized Court Data Services and Court Records from time to time. Upon Subscriber’s failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber’s bona fide personnel having access to or use of Authorized Court Data Services, Court Confidential Information, or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices, Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. Packet Page Number 85 of 186 G10, Attachment 2 8 d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court; (2) Minn. Stat. section 13.03, subdivision 4(e) requires that Subscriber comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Court Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropriate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any, set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment or upon the initial Subscriber transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any, and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subscriber Amendment for the current fiscal year, if applicable. 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof. 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT. b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING PARAGRAPH, COURT, COURT’S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS. Packet Page Number 86 of 186 G10, Attachment 2 9 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court, Court’s licensors, or DCA. Neither Subscriber nor the Court, Court’s licensors, or DCA shall have the right nor the authority to assume, create or incur any liability or obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber hereunder shall be deemed to have been received when personally delivered in writing or seventy-two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON-WAIVER. The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment. The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. Every provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment, and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Except as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions Packet Page Number 87 of 186 G10, Attachment 2 10 of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WITNESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate, intending to be bound thereby. 1. SUBSCRIBER (AGENCY) Subscriber must attach written verification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ Name: _______________________________________ (PRINTED) Signed: _______________________________________ Title: ________________________________________ (with delegated authority) Date: ________________________________________ 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with delegated authority) Date: _____________________________________________ 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: ______________________________________________ Date: _____________________________________________ 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: ____________________________________________ (PRINTED) Signed: ___________________________________________ Title: _____________________________________________ (with authorized authority) Date: _____________________________________________ Packet Page Number 88 of 186 G10, Attachment 3 RESOLUTION NO. _______________ RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF MAPLEWOOD ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Maplewood on behalf of its Prosecuting Attorney and Police Department 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 Agreements 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 and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Chief of Police, Paul Schnell, or his or her successor, is designated the Authorized Representative for the Police Department. 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, [__name or position name] is appointed as the Authorized Representative’s designee. 3. That the City Prosecutor, Joseph Kelly of Kelly & 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, Chief of Police is appointed as the Authorized Representative’s designee. 4. That Nora Slawik, the Mayor for the City of Maplewood, and Karen Haag, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this day of 14th, March, 2016. CITY OF MAPLEWOOD _________________________________ By: Nora Slawik Its Mayor ATTEST:____________________________________ By: Karen Haag Its City Clerk Packet Page Number 89 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 90 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steven Love, City Engineer / Deputy Public Works Director DATE: March 1, 2016 SUBJECT: Bellaire Avenue Street Improvements, Project 15-16 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution of Concurrence for Award of Bid Introduction All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. The City Council should conduct the assessment hearing, receive any objection, refer those objections to the staff for action at the March 28, 2016 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. After the assessment hearing, the council will also consider concurrence with the award of bid by North St. Paul, which occurred on March 1, 2016. Background The section of Bellaire Avenue (aka Helen St) between Beam Avenue and Lydia Avenue is a border street with the City of North St. Paul (NSP). NSP is leading the neighborhood reconstruction project this summer. WSB & Associates, Inc. acts as the City Engineer for NSP and produced the feasibility study, project plans and specification, and will be helping administer the project. This project includes this section of Bellaire for pavement rehabilitation and spot curb repair. The cities of Maplewood and NSP have entered into a Joint Powers Agreement that outlines the cost share and responsibilities related to this project. The assessment rates for this improvement project were established in accordance with the City’s Special Assessment Policy. The amount assessed must provide a benefit to the property that is equal to or greater than the assessed amount. An appraisal firm was hired to ascertain an opinion of the special benefit received by properties within the neighborhood project area. This information was used to set the proposed special benefit assessment amounts for the project area. There are 13 assessable residential parcels within the Bellaire Avenue project area. Each parcel is identified for an assessment of $3,450. The proposed assessments for the Bellaire Avenue Street Improvements total $44,850. A copy of the pending assessment roll is provided as a supplement to this report. H1 Packet Page Number 91 of 186 As of March 9, 2016 staff has received no objections to the proposed assessments. Objections will be received up to and as part of the assessment hearing on March 14, 2016. Once the hearing is closed, no further objections will be considered. Staff will review all objections and provide the City Council recommendations for motion at the March 28, 2016 City Council meeting. A letter detailing staff’s recommendation to the City Council will be sent out to all property owners that filed an objection. This letter will also inform the property owner that if they wish to further address the City Council about the proposed assessment or staff recommendation they will be able to do so at the March 28, 2016 City Council Meeting. Discussion Final plans and specification for Bellaire Avenue Street Improvements were approved and authorization given to advertise for sealed bids on January 25, 2016. Bids were received, opened and read by North St. Paul on February 23, 2016. North St. Paul awarded a contract on March 1, 2016. In early February both cities entered into a Joint Powers Agreement in which Maplewood will be invoiced for its share of the project costs. North St. Paul is the lead agency on the project. Six valid bids were received and tabulated. All bids have been checked and tabulated for accuracy. A summary of the tabulated bids is attached to this report. Based on the low bid from Valley Paving Maplewood’s share of the construction project is $71,233.07. With a 5% construction contingency and 24% for indirect costs this brings the total cost share for Maplewood to $92,800.00. This is just under the estimate of $93,250.00. Budget Impact The current approved project budget is $93,250.00. This accounts for the construction cost, construction contingency, plus 24% for indirect costs. The total proposed cost for Maplewood’s share, based on the low bid, is less than the approved budget as discussed above. With the award of the contract there would be no impact to the approved budget. Recommendation It is recommended that the City Council consider approving the attached resolutions for Adopting Assessment Roll for the Bellaire Avenue Street Improvements, City Project 15-16. Additionally, it is recommended that the City Council consider the resolution for Receiving Bids and Concurrence (with North St. Paul) for Awarding of Construction Contract for the Bellaire Avenue Street Improvements, City Project 15-16, to Valley Paving. Attachments 1. Project Location Map 2. Assessment Roll 3. Resolution Adopting Assessment Roll 4. Resolution of Concurrence for Award of Bid 5. Bid Tabulation Summary H1 Packet Page Number 92 of 186 1 inch = 500 feet ± Pavement Management CIP Project - 2016 City of North St. Paul MN Path: K:\01887-420\GIS\Maps\2016_Street_Util.mxd Date Saved: 5/27/2015 1:32:22 PM Parcels Project Years 2016 H1, Attachment 1 Packet Page Number 93 of 186 Prepared August 10, 2015 Re‐Examined January 26, 2016 ASSESSMENT ROLL BELLAIRE AVE IMPROVEMENTS MAPLEWOOD PROJECT 15‐16 Parcel ID Taxpayer/Owner Street Number Street Units Street Assessment Total Assessment 12922240101 Aaron C Martin 2899 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240100 Kristine L Tavernier Moran 2901 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240010 Thomas E Dahedl 2905 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240009 Bradley D Lavine 2911 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240008 Darlene A Kinney 2921 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240103 Harold Sonnek 2937 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240102 John R Wolfsberger 2939 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240006 Gerald A Teich 2941 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240005 Dorothy A Little 2947 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240004 Donley D Rowenhorst 2967 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240003 Ashley Latola 2977 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240002 Joseph A Tuccitto 2993 Bellaire Ave N 1 $3,450.00 $3,450.00 12922240001 John P Majerus 2997 Bellaire Ave N 1 $3,450.00 $3,450.00 Total 13 Total $44,850.00 ASSESSMENT RATES: RESIDENTIAL SPECIAL ASSESSMENT RATE = $3,450.00 PER UNIT REHABILITATION/PAVEMENT REPLACEMENT H1, Attachment 2 Packet Page Number 94 of 186 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on February 8, 2016, calling for a Public Hearing, the assessment roll for the Bellaire Avenue Street Improvements, City Project 15-16 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is herby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is herby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on March 28, 2016, as to their recommendations for adjustments. 3. The assessment roll for the Bellaire Avenue Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 8 years for all properties, the first installments to be payable on or before the first Monday in January 2017 and shall bear interest at the rate of 3.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2016, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2016, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2016, but no later than November 16, 2016, transmit a certified duplicate of this assessment to the county H1, Attachment 3 Packet Page Number 95 of 186 auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 14th day of March 2016. H1, Attachment 3 Packet Page Number 96 of 186 RESOLUTION CONCURRENCE FOR AWARD OF BID NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Valley Paving in the amount of $3,881,770.00 is the lowest responsible bid for the construction of Bellaire Avenue Street Improvements, City Project 15-16, and per the approved Joint-Powers Agreement between the City of North St. Paul and the City of Maplewood (dated January 25, 2016), the City of Maplewood, through this resolution, is signifying award of bid concurrence in order for the City of North St. Paul to enter into a construction contract for the Maplewood portion of the improvement with Valley Paving. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Approved this 14th day of March 2016. H1, Attachment 4 Packet Page Number 97 of 186 PROJECT: 2016 Street & Utility Improvement Project OWNER: City of North St. Paul, MN WSB PROJECT NO.: 1887-420 Bids Opened: Tuesday, February 23, 2016 at 10:00 a.m. Contractor Bid Security (5%)Total Bid 1 Valley Paving - Shakopee X $3,881,770.00 2 T. A. Schifsky & Sons, Inc.X $3,925,783.81 3 Palda & Sons, Inc.X $4,182,830.45 4 Northwest Asphalt, Inc.X $4,381,500.30 5 Park Construction Company - Mpls X $4,386,427.45 6 Arnt Construction Company X $4,782,539.08 Engineer's Opinion of Cost $4,342,206.50 Denotes corrected figure Brad Reifsteck, PE, Project Manager BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on February 23, 2016. K:\01887-420\Admin\Construction Admin\Bidding\1887-420 Bid Tab Summary 022316 H1, Attachment 5 Packet Page Number 98 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steven Love, City Engineer / Deputy Public Works Director Jon Jarosch, Civil Engineer II DATE: March 1, 2016 SUBJECT: Beebe Road Street Improvements, Project 13-10 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract Introduction All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to the hearing if they disagree with the assessment amount. The City Council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the March 28, 2016 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. After the assessment hearing, the council will also consider awarding a construction contract. Background The assessment rates for this improvement project were established in accordance with the City’s Special Assessment Policy. The amount assessed must provide a benefit to the property that is equal to or greater than the assessed amount. An appraisal firm was hired to ascertain an opinion of the special benefit received by properties within the project area. This information was used to set the proposed special benefit assessment amounts for the project area. There are 66 assessable parcels, which includes single family homes, townhomes, commercial/multi-family, and school properties, within the Beebe Road project area. The following is a summary of the proposed assessment rates based on the special benefit report:  Single Family Residential = $3,450/unit  Townhome/Commercial/Multi-family = $69.00/linear foot o Townhome/Commercial/Multi-family parcel rates based on proportional share of front footage The proposed assessments for the Beebe Road Street Improvements total $302,943.81. A copy of the assessment roll is provided as a supplement to this report. H2 Packet Page Number 99 of 186 As of March 09, 2016 staff has received the following objections to the proposed assessments: a. Parcel 14-29-22-43-0002 – Diane M Mencke, 2135 Larpenteur Avenue East It is currently proposed that the property be assessed for 8 units at a rate of $3,450.00 per unit. Diane M. Mencke is requesting an undeveloped property deferral. The objection listed above is a summary of the filed objection. A full copy of this objection has been attached to this report. Objections will be received up to and as part of the assessment hearing on March 14, 2016. Once the hearing is closed, no further objections will be considered. Staff will review all objections and provide the City Council recommendations for motion at the March 28, 2016 City Council meeting. A letter detailing staff’s recommendation to the City Council will be sent out to all property owners that filed an objection. This letter will also inform the property owner that if they wish to further address the City Council about the proposed assessment or staff recommendation they will be able to do so at the March 28, 2016 City Council Meeting. Discussion Final plans and specification for Beebe Road Street Improvements were approved and authorization given to advertise for sealed bids on February 8, 2016. Bids were received, opened and read on March 2, 2016. Seven valid bids were received and tabulated. A summary of the bids are shown in Exhibit 1. All bids have been checked and tabulated for accuracy. The Engineer’s Estimate for the project is $826,427.25. As seen in Exhibit 1 the bids ranged from $543,273.83 to $714,589.91. The low bid from Asphalt Surface Technologies Corp. of $543,273.83 is approximately $280,000 less than the engineer’s estimate. Bid Contractor Base Bid 1 Asphalt Surface Technologies Corp. $543,273.83 2 T.A. Schifsky & Sons, Inc.$569,563.81 3 Valley Paving, Inc.$563,477.66 4 Hardrives Inc.$578,937.91 5 Midwest Asphalt Corp.$594,679.00 6 Park Construction Comp.$599,450.51 7 North Valley, Inc.$714,589.91 Engineer Estimate $826,427.25 BID TABULATION - EXHIBIT 1 The City has not worked with Asphalt Surface Technologies Corp. as a prime contractor in the past. However, staff has called and spoken with several of the provided references. Based on those conversations and the bid results staff recommends awarding a construction contract to Asphalt Surface Technologies Corp. who is the lowest responsible bidder. H2 Packet Page Number 100 of 186 Budget Impact The current approved budget for the project is $1,522,296.00. This accounts for the construction cost plus indirect costs. The proposed construction contract is $543,273.83 and the anticipated total project cost, including indirect costs is $1,170,948.78, roughly $350,000 under the approved budget. Staff will review the bid results in relation to the approved budget and bring back a revised budget for approval at a future meeting. Recommendation It is recommended that the City Council consider approving the attached resolutions for Adopting Assessment Roll for the Beebe Road Street Improvements, City Project 13-10. Additionally, it is recommended that the City Council consider the resolution for Receiving Bids and Awarding Construction Contract for the Beebe Road Street Improvements, City Project 13- 10, to Asphalt Surface Technologies Corp. Attachments 1. Project Location Map 2. Assessment Roll 3. Objection Letters 4. Resolution Adopting Assessment Roll 5. Resolution Award of Bids and Awarding Construction Contract H2 Packet Page Number 101 of 186 H2, Attachment 1 Packet Page Number 102 of 186 EXHIBIT 4 ASSESSMENT ROLL ParcelID TaxPayer Street Number Street Units or Front Footage Rehabilitate/Pavement Replacement Assessment Rate Total Assessment 142922430006 Adam Kopp 1689 Beebe Rd N 1 $3,450.00 $3,450.00 142922430014 Beebe Apartments Llc 1701 Beebe Rd N 99.77 $69.00 $6,884.13 142922430015 Nathan Ebeling 1711 Beebe Rd N 99.77 $69.00 $6,884.13 142922430016 Oak Knoll Property Management Llc 1721 Beebe Rd N 99.77 $69.00 $6,884.13 142922430017 Oak Knoll Property Management Llc 1731 Beebe Rd N 99.77 $69.00 $6,884.13 142922430065 Mary K Fuller 1743 Beebe Rd N 1 $3,450.00 $3,450.00 142922430066 Edward B Kuehnel Trustee 1749 Beebe Rd N 1 $3,450.00 $3,450.00 142922430067 Fern O Pfaff 1757 Beebe Rd N 1 $3,450.00 $3,450.00 142922430068 Robert L Johnson 1763 Beebe Rd N 1 $3,450.00 $3,450.00 142922430069 Roger M Schlicht 1769 Beebe Rd N 1 $3,450.00 $3,450.00 142922430070 Suzannne M Swits 1775 Beebe Rd N 1 $3,450.00 $3,450.00 142922430071 Benjamin Drwall 1783 Beebe Rd N 1 $3,450.00 $3,450.00 142922420002 Maple Pond Limited Partnershi 1816 Beebe Rd N 987.06 $69.00 $68,107.14 142922420008 Scott J Hamlett 1890 Beebe Rd N 1 $3,406.42 $3,406.42 142922420009 Gloria Vanruden 1892 Beebe Rd N 1 $3,406.42 $3,406.42 142922420010 Kenneth Lee Ebbens Trustee 1896 Beebe Rd N 1 $3,406.42 $3,406.42 142922420031 William Symoniak 1897 Beebe Rd N 1 $3,318.56 $3,318.56 142922420011 Jerrol J Hanson Trustee 1898 Beebe Rd N 1 $3,406.42 $3,406.42 142922420032 Mary Elizabeth Glaeser 1899 Beebe Rd N 1 $3,318.56 $3,318.56 142922420033 Doug Osland 1901 Beebe Rd N 1 $3,318.56 $3,318.56 142922420012 Jim E Anderson 1902 Beebe Rd N 1 $3,406.42 $3,406.42 142922420034 Leslie C Robinson 1903 Beebe Rd N 1 $3,318.56 $3,318.56 142922420013 Doreen A Grundhauser 1904 Beebe Rd N 1 $3,406.42 $3,406.42 142922430075 Mounds Park Academy 2051 Larpenteur Ave E 1087.99 $69.00 $75,071.31 142922430002 Diane M Mencke 2135 Larpenteur Ave E 8 $3,450.00 $27,600.00 142922430021 Daniel J Brinkman 2117 Southwind Dr 1 $1,056.49 $1,056.49 142922430022 Trustees Of Irrevocable Special Needs Trust Of Daniel Soria Br 2119 Southwind Dr 1 $1,056.49 $1,056.49 142922430073 Doris M Klingbeil 2122 Southwind Dr 1 $1,056.49 $1,056.49 142922430023 Jack C Davis 2123 Southwind Dr 1 $1,056.49 $1,056.49 142922430024 Lowell J Bishop 2125 Southwind Dr 1 $1,056.49 $1,056.49 142922430034 Adelheid Steinberg Trustee 2126 Southwind Dr 1 $1,056.49 $1,056.49 142922430033 Louise J Dinehart 2128 Southwind Dr 1 $1,056.49 $1,056.49 142922430032 Donald Sundin 2132 Southwind Dr 1 $1,056.49 $1,056.49 142922430031 Patricia D Trumble 2134 Southwind Dr 1 $1,056.49 $1,056.49 142922440081 Robert Boyden 1724 Southwind Ln 1 $1,056.49 $1,056.49 142922440080 Edward A Altermatt Trustee 1726 Southwind Ln 1 $1,056.49 $1,056.49 142922440079 Jean M Woog 1730 Southwind Ln 1 $1,056.49 $1,056.49 142922440078 Barbara L Wolfe 1732 Southwind Ln 1 $1,056.49 $1,056.49 142922440077 Jeffrey S Pridie 1736 Southwind Ln 1 $1,056.49 $1,056.49 142922440076 Diane J Arndt 1738 Southwind Ln 1 $1,056.49 $1,056.49 142922440075 Roger A Mohror 1742 Southwind Ln 1 $1,056.49 $1,056.49 142922440074 Karen E Schreiner 1744 Southwind Ln 1 $1,056.49 $1,056.49 142922440073 Roger E Mackenroth 1748 Southwind Ln 1 $1,056.49 $1,056.49 142922440072 Kathleen M Tracy 1750 Southwind Ln 1 $1,056.49 $1,056.49 142922440071 George T Rivers Trustee 1754 Southwind Ln 1 $1,056.49 $1,056.49 142922440070 Edward J Gooder 1756 Southwind Ln 1 $1,056.49 $1,056.49 142922440069 Edward C Combe 1760 Southwind Ln 1 $1,056.49 $1,056.49 142922430052 Sharon Pignato 1762 Southwind Ln 1 $1,056.49 $1,056.49 142922430030 Marilyn L Blais 1766 Southwind Ln 1 $1,056.49 $1,056.49 142922430029 Lawrence Brown 1768 Southwind Ln 1 $1,056.49 $1,056.49 142922430025 John A Nierengarten 1771 Southwind Ln 1 $1,056.49 $1,056.49 142922430028 Mary E Horak Binger 1772 Southwind Ln 1 $1,056.49 $1,056.49 142922430026 Patricia J Ture Trustee 1773 Southwind Ln 1 $1,056.49 $1,056.49 142922430027 Thomas Burke 1774 Southwind Ln 1 $1,056.49 $1,056.49 142922430059 Marlys Jensen 2121 Southwind Rd 1 $1,056.49 $1,056.49 142922430060 Mary J Driscoll 2123 Southwind Rd 1 $1,056.49 $1,056.49 142922430058 Evelyn L Warn Trustee 2124 Southwind Rd 1 $1,056.49 $1,056.49 142922430057 Christine A Burbach 2126 Southwind Rd 1 $1,056.49 $1,056.49 142922430061 Mary A Harrison 2127 Southwind Rd 1 $1,056.49 $1,056.49 142922430062 Owen Lee Johnson 2129 Southwind Rd 1 $1,056.49 $1,056.49 142922430056 Carlos Nunez 2130 Southwind Rd 1 $1,056.49 $1,056.49 142922430055 Susan J Kulander 2132 Southwind Rd 1 $1,056.49 $1,056.49 142922430063 Paula P Dellis 2133 Southwind Rd 1 $1,056.49 $1,056.49 142922430064 Joyce L Cairnes 2135 Southwind Rd 1 $1,056.49 $1,056.49 142922430054 Randy Mack 2136 Southwind Rd 1 $1,056.49 $1,056.49 142922430053 Peggy A Karnuth 2138 Southwind Rd 1 $1,056.49 $1,056.49 TOTAL: $302,943.81 H2, Attachment 2 Packet Page Number 103 of 186 H2, Attachment 3 Packet Page Number 104 of 186 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on February 22, 2016, calling for a Public Hearing, the assessment roll for the Beebe Road Street Improvements, City Project 13-10 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 14-29-22-43-0002 – Diane M Mencke, 2135 Larpenteur Avenue East It is currently proposed that the property be assessed for 8 units at a rate of $3,450.00 per unit. Diane M. Mencke is requesting an undeveloped property deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is herby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is herby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on March 28, 2016, as to their recommendations for adjustments. 3. The assessment roll for the Beebe Road Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 8 years for all properties, the first installments to be payable on or before the first Monday in January 2017 and shall bear interest at the rate of 3.75 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2016, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2016, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. H2, Attachment 4 Packet Page Number 105 of 186 6. The City Engineer and City Clerk shall forthwith after November 15, 2016, but no later than November 16, 2016, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 14th day of March 2016. H2, Attachment 4 Packet Page Number 106 of 186 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Asphalt Surface Technologies Corp in the amount of $543,273.83 is the lowest responsible bid for the construction of Beebe Road Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Approved this 14th day of March 2016. H2, Attachment 5 Packet Page Number 107 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Public Works Director Steven Love, City Engineer / Deputy Public Works Director Jon Jarosch, Civil Engineer II DATE: March 1, 2016 SUBJECT: Lakewood-Sterling Street Improvements, Project 15-11 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract Introduction All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at, or prior to, the hearing if they disagree with the assessment amount. The City Council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the March 28, 2016 council meeting and consider approving the attached resolution adopting the assessment roll less those property owners who have submitted objections. After the assessment hearing, the council will also consider awarding a construction contract. Background 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). The assessment rates for this improvement project were established in accordance with the City’s Special Assessment Policy. The amount assessed must provide a benefit to the property that is equal to or greater than the assessed amount. An appraisal firm was hired to ascertain an opinion of the special benefit received by properties within the neighborhood project area. This information was used to set the proposed special benefit assessment amounts for the project area. H3 Packet Page Number 108 of 186 There are a total of 243 assessable parcels, which includes single family homes, townhomes, and commercial/multi-family properties, within the Lakewood Sterling project area. The following is a summary of the proposed assessment rates based on the special benefit report:  Area #1 o Assessable Parcels = 142 o Single Family Residential Rate = $3,450.00/unit  Area #2 o Assessable Parcels = 101 o Single Family Residential Rate = $3,450.00/unit o Townhome/Commercial/Multi-family Rate = $69.00/linear foot  Townhome rates based on proportional share of the total front footage The proposed assessments for the Lakewood-Sterling Street Improvements total $835,150. A copy of the assessment roll is provided as a supplement to this report. As of March 9, 2016 staff has received the following objections to the proposed assessments: a. Parcel 24-28-22-12-0006 – Patricia J. Paczkowski, 1240 Sterling Street S. It is currently proposed that the property be assessed for 4 units at a rate of $3,450 per unit. Patricia J. Paczhowski is requesting an undeveloped property deferral. b. Parcel 13-28-22-43-0022 – Kenneth Perry, President, St. Paul Educational Foundation, 1210 Sterling Street South, It is currently proposed that the property be assessed for 325 feet of front footage. Kenneth Perry, on behalf of St. Paul Educational Foundation, is objecting to the assessment on the basis that the assessment will create a financial hardship and is requesting a revision to the assessment amount. c. Parcel N.A. – Tom Brudvig, President, Crestview Forest Townhomes Rec. Board, 610 Crestview Forest Drive is located at the southeast corner of Sterling Street and Crestview Forest Drive. It is currently proposed that the property be assessed for 532.53 feet of front footage. Tom Brudvig, on behalf of the Crestview Forest Townhomes Rec. Board, is objecting to the assessment and is requesting a revision to the method of assessment and an undeveloped property deferral. The objections listed above are summaries of the filed objections. A full copy of each objection has been attached to this report. Objections will be received up to and as part of the assessment hearing on March 14, 2016. Once the hearing is closed, no further objections will be considered. Staff will review all objections and provide the City Council recommendations for motion at the March 28, 2016 City Council meeting. A letter detailing staff’s recommendation to the City Council will be sent out to all property owners that filed an objection. This letter will also inform the property owner that if they wish to further address the City Council about the proposed assessment or staff recommendation they will be able to do so at the March 28, 2016 City Council Meeting. H3 Packet Page Number 109 of 186 Discussion Final plans and specification for Lakewood-Sterling Street Improvements were approved and authorization given to advertise for sealed bids on February 8, 2016. Bids were received, opened and read on March 2, 2016. Six valid bids were received and tabulated. A summary of the bids are shown in Exhibit 1. All bids have been checked and tabulated for accuracy. The engineer’s estimate for project construction cost, including the base bid, bid alternate 1, and bid alternate 2, is $1,419,524.09. As seen in Exhibit 1 the bids ranged from $972,143.60 to $1,104,066.31. The low bid from Midwest Asphalt of 972,143.60 is approximately $447,000 less than the engineer’s estimate. Bids Contractor Base Bid Bid Alt 1 Bid Alt 2 Total Bid 1 Midwest Asphalt $815,647.10 $58,887.00 $97,609.50 $972,143.60 2 Valley Paving $808,548.68 $60,977.96 $106,298.63 $975,825.27 3 Hardrives, Inc.$847,770.52 $57,510.47 $94,676.44 $999,957.43 4 T.A. Schifsky & Sons $870,117.26 $67,523.12 $111,705.35 $1,049,345.73 5 Park Construction Co. $870,842.03 $59,916.90 $123,550.05 $1,054,308.98 6 Noarth Valley, Inc. $910,179.62 $60,619.64 $133,267.05 $1,104,066.31 Engineering Estimate $1,174,452.29 $77,207.77 $167,864.03 $1,419,524.09 BID TABULATION - EXHIBIT 1 The City has not worked with Midwest Asphalt as a prime contractor in the past. However, staff has called and spoken with several of their references and based on these conversations and bid results, Midwest Asphalt is the lowest responsible bidder. Budget Impact The current approved budget for the project is $1,890,364. This accounts for the construction cost plus indirect costs. The proposed construction contract is $972,143.60 and the anticipated total project cost, including indirect costs is $1,488,850, roughly $400,000 under the approved budget. Staff will review the bid results, with respect to the approved budget, and revise the budget to reflect the awarded construction contract cost. The revised budget will be brought back to the City Council for approval at a future council meeting. Recommendation It is recommended that the City Council consider approving the attached resolutions for Adopting Assessment Roll for the Lakewood-Sterling Street Improvements, City Project 15-11. Additionally, it is recommended that the City Council consider the resolution for Receiving Bids and Awarding Construction Contract for the Lakewood-Sterling Road Street Improvements, City Project 15-11, to Midwest Asphalt. Attachments 1. Project Location Map 2. Assessment Roll H3 Packet Page Number 110 of 186 3. Objection Letters 4. Resolution Adopting Assessment Roll 5. Resolution Award of Bids and Awarding Construction Contract H3 Packet Page Number 111 of 186 H3, Attachment 1 Packet Page Number 112 of 186 Lakewood‐Sterling Area Street Improvements, City Project 15‐11 Area 1 ‐ Assessment Roll ParcelID TaxPayer BuildingNumber StreetNameAll Units Total Assessment 132822340016 Christopher Micko 1120 Crestview Ct S 1 $3,450.00 132822340017 Thor Haugen 1130 Crestview Ct S 1 $3,450.00 132822340015 Renee A Wolff 1131 Crestview Ct S 1 $3,450.00 132822340018 Richard D Benson 1140 Crestview Ct S 1 $3,450.00 132822340014 James B Mosner 1141 Crestview Ct S 1 $3,450.00 132822340019 Thomas J Rubbelke 1150 Crestview Ct S 1 $3,450.00 132822340013 Christopher D Nalezny 1151 Crestview Ct S 1 $3,450.00 132822340020 Dan W Stelter 1160 Crestview Ct S 1 $3,450.00 132822340012 Ryan C Puchreiter 1161 Crestview Ct S 1 $3,450.00 132822340011 Margaret A Hutsell 1167 Crestview Ct S 1 $3,450.00 132822310075 Dennis C Elvy 962 Lakewood Dr S 1 $3,450.00 132822310076 Yer Vang 972 Lakewood Dr S 1 $3,450.00 132822320078 Daley Properties Minnesota Llc 975 Lakewood Dr S 1 $3,450.00 132822310077 Phuong H Phan 982 Lakewood Dr S 1 $3,450.00 132822320042 Sulaiman Hemani 983 Lakewood Dr S 1 $3,450.00 132822320038 Merridee R Harding 991 Lakewood Dr S 1 $3,450.00 132822310078 Dana M Mcnamara 992 Lakewood Dr S 1 $3,450.00 132822320039 Timothy H Boyd 1001 Lakewood Dr S 1 $3,450.00 132822310079 John M Mcnamara 1002 Lakewood Dr S 1 $3,450.00 132822310093 Sandra S Crouch 1012 Lakewood Dr S 1 $3,450.00 132822310092 David A Sutton 1016 Lakewood Dr S 1 $3,450.00 132822320031 Michael Thao 1021 Lakewood Dr S 1 $3,450.00 132822320021 Christopher W Boline 1022 Lakewood Dr S 1 $3,450.00 132822320032 Robert P Platzer 1031 Lakewood Dr S 1 $3,450.00 132822320022 Paul M Patnaude 1032 Lakewood Dr S 1 $3,450.00 132822320023 Scott R Weik 1042 Lakewood Dr S 1 $3,450.00 132822320033 Dawn T Duerre 1043 Lakewood Dr S 1 $3,450.00 132822320024 Susan Brennan 1052 Lakewood Dr S 1 $3,450.00 132822320034 Robert B Matthew 1053 Lakewood Dr S 1 $3,450.00 132822320025 Kristina M Gravem 1062 Lakewood Dr S 1 $3,450.00 132822320035 Nicholas H Riley 1063 Lakewood Dr S 1 $3,450.00 132822320026 Noah J Lamont 1072 Lakewood Dr S 1 $3,450.00 132822320028 Jeffrey L Harrison 1081 Lakewood Dr S 1 $3,450.00 132822320027 Jeffrey T Boston 1082 Lakewood Dr S 1 $3,450.00 132822330051 Gregory P Sorenson 1092 Lakewood Dr S 1 $3,450.00 132822330052 Frank C Gilbertson 1102 Lakewood Dr S 1 $3,450.00 132822330053 Ernest J Laviolette 1112 Lakewood Dr S 1 $3,450.00 132822330075 George A Andres 1113 Lakewood Dr S 1 $3,450.00 132822330054 Debra Mauer 1122 Lakewood Dr S 1 $3,450.00 132822330076 Kolar Trustee, James C 1123 Lakewood Dr S 1 $3,450.00 132822330055 Levi T Kinsey 1132 Lakewood Dr S 1 $3,450.00 132822330077 Steven C Anderson 1133 Lakewood Dr S 1 $3,450.00 132822330056 Paula M Aherns 1142 Lakewood Dr S 1 $3,450.00 132822330061 Martin W Coughlin 1151 Lakewood Dr S 1 $3,450.00 132822330057 Martha J Arko 1152 Lakewood Dr S 1 $3,450.00 132822330062 Amanda Tottingham 1161 Lakewood Dr S 1 $3,450.00 132822330058 Mariann L Amundson 1162 Lakewood Dr S 1 $3,450.00 132822330063 Jill M Grosz 1169 Lakewood Dr S 1 $3,450.00 132822330059 Leslie Johnson 1172 Lakewood Dr S 1 $3,450.00 132822330064 Matthew L Ledvina 1173 Lakewood Dr S 1 $3,450.00 132822330065 Marlene F Ziemski 1179 Lakewood Dr S 1 $3,450.00 132822330066 Dezhi & Liao 1185 Lakewood Dr S 1 $3,450.00 H3, Attachment 2 Packet Page Number 113 of 186 Lakewood‐Sterling Area Street Improvements, City Project 15‐11 Area 1 ‐ Assessment Roll 132822320030 Paul C Madson 2360 Mamie Ave E 1 $3,450.00 132822340024 Gary R Smith 1129 Marnie Ct S 1 $3,450.00 132822340025 Bruce T Thompson 1132 Marnie Ct S 1 $3,450.00 132822340026 Guy A Vogt 1138 Marnie Ct S 1 $3,450.00 132822340023 William Thomas Shaffer 1139 Marnie Ct S 1 $3,450.00 132822340027 Monir Am Amro 1142 Marnie Ct S 1 $3,450.00 132822340022 S Prabhakara Rao Trustee 1149 Marnie Ct S 1 $3,450.00 132822340028 Faizullah Khan 1152 Marnie Ct S 1 $3,450.00 132822340021 Scott T Reddy 1159 Marnie Ct S 1 $3,450.00 132822340029 Scott K Richards 1162 Marnie Ct S 1 $3,450.00 132822340033 Charles L Garr 1127 Mary Pl S 1 $3,450.00 132822340034 Barbara J Berthiaume 1128 Mary Pl S 1 $3,450.00 132822340032 Malcolm D Olatunde 1137 Mary Pl S 1 $3,450.00 132822340035 Myles P Conway 1138 Mary Pl S 1 $3,450.00 132822340031 Richard F Theissen 1147 Mary Pl S 1 $3,450.00 132822340036 Samuel M Bjellos 1148 Mary Pl S 1 $3,450.00 132822340030 Peter M Glass 1157 Mary Pl S 1 $3,450.00 132822340037 Paul J Kennedy 1164 Mary Pl S 1 $3,450.00 132822330021 Byron M Meyer Trustee 2260 Moreland Ct E 1 $3,450.00 132822330006 Kevin W Meeder 2261 Moreland Ct E 1 $3,450.00 132822330020 Hung N Nguyen 2268 Moreland Ct E 1 $3,450.00 132822330007 Steven M Weber 2269 Moreland Ct E 1 $3,450.00 132822330019 Gary R Schwartz 2276 Moreland Ct E 1 $3,450.00 132822330008 Terry M Engfer 2277 Moreland Ct E 1 $3,450.00 132822330018 Edward P Fitzgerald 2284 Moreland Ct E 1 $3,450.00 132822330009 Athula I Abeyratne 2285 Moreland Ct E 1 $3,450.00 132822330017 Thomas D Peterson 2292 Moreland Ct E 1 $3,450.00 132822330010 Gail Mullaney 2299 Moreland Ct E 1 $3,450.00 132822330016 Michael R Ohlhauser 2300 Moreland Ct E 1 $3,450.00 132822330015 John T Kisch 2308 Moreland Ct E 1 $3,450.00 132822330011 Mitchell D Maristuen 2309 Moreland Ct E 1 $3,450.00 132822330014 Mark E Schwartz 2316 Moreland Ct E 1 $3,450.00 132822330012 James L Zawacki 2319 Moreland Ct E 1 $3,450.00 132822330013 Bradley Jacob Meade 2324 Moreland Ct E 1 $3,450.00 132822330072 Roxanne K Schallinger 2328 Oak Heights Ct E 1 $3,450.00 132822330071 Bruce B Cunningham 2329 Oak Heights Ct E 1 $3,450.00 132822330073 Sheng Yang 2334 Oak Heights Ct E 1 $3,450.00 132822330070 Matthew G Minder 2339 Oak Heights Ct E 1 $3,450.00 132822330074 Fifth Third Mortgage Company 2342 Oak Heights Ct E 1 $3,450.00 132822330069 Thomas E Valen 2345 Oak Heights Ct E 1 $3,450.00 132822340008 Carol B Jaskulka 2381 Schadt Dr E 1 $3,450.00 132822340038 Satoru Sudoh 2382 Schadt Dr E 1 $3,450.00 132822340009 Donald J Seigler 2389 Schadt Dr E 1 $3,450.00 132822340039 Steven L Bonfig 2390 Schadt Dr E 1 $3,450.00 132822340010 Brian A Saben 2397 Schadt Dr E 1 $3,450.00 132822340040 Louis C Hoffman 2398 Schadt Dr E 1 $3,450.00 132822340041 Arnold R Kaiser 2406 Schadt Dr E 1 $3,450.00 132822340042 Steven E Gravem 2414 Schadt Dr E 1 $3,450.00 132822340043 Terry A Sands 2422 Schadt Dr E 1 $3,450.00 132822340044 Robert Pien 2430 Schadt Dr E 1 $3,450.00 132822340045 Randall G Koza 2438 Schadt Dr E 1 $3,450.00 132822340046 James V Schaefer 2446 Schadt Dr E 1 $3,450.00 132822340047 Biljana Nedich 2454 Schadt Dr E 1 $3,450.00 132822340048 Sophy Lim 2462 Schadt Dr E 1 $3,450.00 132822340049 Nicholas Jalonack 2470 Schadt Dr E 1 $3,450.00 H3, Attachment 2 Packet Page Number 114 of 186 Lakewood‐Sterling Area Street Improvements, City Project 15‐11 Area 1 ‐ Assessment Roll 132822340050 Anna Song Yang 2478 Schadt Dr E 1 $3,450.00 132822340003 Rhoda P Erhardt 2379 Snowshoe Ct E 1 $3,450.00 132822340007 Justin Hammiller 2380 Snowshoe Ct E 1 $3,450.00 132822340004 Louise C Berg Trustee 2387 Snowshoe Ct E 1 $3,450.00 132822340006 Daniel R Brady 2388 Snowshoe Ct E 1 $3,450.00 132822340005 Diane L Koenig 2396 Snowshoe Ct E 1 $3,450.00 132822330031 Polly M Smith 2262 Snowshoe Ln E 1 $3,450.00 132822330022 Gillespie, Schuyler 2263 Snowshoe Ln E 1 $3,450.00 132822330032 Todd & Harmening 2270 Snowshoe Ln E 1 $3,450.00 132822330023 Travale Haynes 2271 Snowshoe Ln E 1 $3,450.00 132822330033 Mark Strand 2278 Snowshoe Ln E 1 $3,450.00 132822330024 Robert D Crew 2279 Snowshoe Ln E 1 $3,450.00 132822330034 Michael J Plasch 2286 Snowshoe Ln E 1 $3,450.00 132822330025 Timothy A Bowlin 2287 Snowshoe Ln E 1 $3,450.00 132822330035 Chris D Holmgren 2292 Snowshoe Ln E 1 $3,450.00 132822330026 Bradley C Greiman 2293 Snowshoe Ln E 1 $3,450.00 132822330036 Michael J Webster 2298 Snowshoe Ln E 1 $3,450.00 132822330027 John S Hanks 2299 Snowshoe Ln E 1 $3,450.00 132822330037 Jeffrey J Harper 2304 Snowshoe Ln E 1 $3,450.00 132822330028 Christopher Given 2305 Snowshoe Ln E 1 $3,450.00 132822330038 Steven A Stmartin 2310 Snowshoe Ln E 1 $3,450.00 132822330029 Richard J Carlson 2311 Snowshoe Ln E 1 $3,450.00 132822330039 James F Long 2316 Snowshoe Ln E 1 $3,450.00 132822330030 Gerald F Pillar 2317 Snowshoe Ln E 1 $3,450.00 132822330040 Steven Fischer 2322 Snowshoe Ln E 1 $3,450.00 132822330081 Arthur H Thyen 2323 Snowshoe Ln E 1 $3,450.00 132822330041 Daniel Cashman 2328 Snowshoe Ln E 1 $3,450.00 132822330080 Comfort, Nola Gail 2329 Snowshoe Ln E 1 $3,450.00 132822330060 Ryan L Crowley 2334 Snowshoe Ln E 1 $3,450.00 132822330079 Kenneth J Bearth 2335 Snowshoe Ln E 1 $3,450.00 132822330078 Ryan R Walton 2341 Snowshoe Ln E 1 $3,450.00 *132822430022 St Paul Education Foundation 1210 Sterling St S 325 $22,425.00 132822430015 Patrick J Lyons 1230 Sterling St S 1 $3,450.00 242822120006 Patricia J Paczkowski 1240 Sterling St S 4 $13,800.00 242822210012 Beverly J Stielow 1285 Sterling St S 2 $6,900.00 $522,675.00Total Assessment Amount: H3, Attachment 2 Packet Page Number 115 of 186 Lakewood‐Sterling Area Street Improvements, City Project 15‐11 Area 2 ‐ Assessment Roll ParcelID TaxPayer BuildingNumber StreetNameAll Units Rehabilitate/Pavement Replacement Assessment Total Assessment 122822340057 Michael G Anderson 2466 Springside Dr E 1 $3,450.00 $3,450.00 122822130001 Anthony J Omelian 362 Sterling St S 1 $3,450.00 $3,450.00 122822130002 Bac Home Loans Servicing Lp 368 Sterling St S 1 $3,450.00 $3,450.00 122822130029 Rosalyn L Johnson 386 Sterling St S 1 $3,450.00 $3,450.00 122822130058 Gamble, Clauzel 387 Sterling St S 1 $3,450.00 $3,450.00 122822130028 Sean Vang 398 Sterling St S 1 $3,450.00 $3,450.00 122822130059 Keith A Piotrowski 399 Sterling St S 1 $3,450.00 $3,450.00 122822130060 Gordon O Fritsche 411 Sterling St S 1 $3,450.00 $3,450.00 122822130061 William E Hydukovich 423 Sterling St S 1 $3,450.00 $3,450.00 122822130039 Michael Sans Crainte 424 Sterling St S 1 $3,450.00 $3,450.00 122822130062 Joseph P Incorvaja 431 Sterling St S 1 $3,450.00 $3,450.00 122822130046 Donald R Duff 432 Sterling St S 1 $3,450.00 $3,450.00 122822130047 Gwen Plaster 442 Sterling St S 1 $3,450.00 $3,450.00 122822130063 Roberto P Cocchiarella 443 Sterling St S 1 $3,450.00 $3,450.00 122822130064 Ka Ying Moua 449 Sterling St S 1 $3,450.00 $3,450.00 122822130048 Stanley A Swenson 450 Sterling St S 1 $3,450.00 $3,450.00 122822130050 Jon A Melander 458 Sterling St S 1 $3,450.00 $3,450.00 122822130065 Debra Tallarico 459 Sterling St S 1 $3,450.00 $3,450.00 122822130051 Stephen E Krampe 466 Sterling St S 1 $3,450.00 $3,450.00 122822130066 Lori J Tauer 467 Sterling St S 1 $3,450.00 $3,450.00 122822130067 Jeremy E Ballard 477 Sterling St S 1 $3,450.00 $3,450.00 122822420183 Judith D Dahl 480 Sterling St S 1 $2,255.69 $2,255.69 122822420044 William Colby Newton 481 Sterling St S 1 $2,255.69 $2,255.69 122822420182 Renee J Tait 482 Sterling St S 1 $2,255.69 $2,255.69 122822420043 Kimberly D Osland 483 Sterling St S 1 $2,255.69 $2,255.69 122822420181 Sharon L Briggs 484 Sterling St S 1 $2,255.69 $2,255.69 122822420042 Kenneth L Scheel 485 Sterling St S 1 $2,255.69 $2,255.69 122822420180 Margaret J Burney 486 Sterling St S 1 $2,255.69 $2,255.69 122822420041 Mark J Paulson 487 Sterling St S 1 $2,255.69 $2,255.69 122822420040 Jacquelyn D Bush 489 Sterling St S 1 $2,255.69 $2,255.69 122822420039 Jeannette A Erickson 491 Sterling St S 1 $2,255.69 $2,255.69 122822420038 Julie A Arends 493 Sterling St S 1 $2,255.69 $2,255.69 122822420037 Rodney Rowe 495 Sterling St S 1 $2,255.69 $2,255.69 122822420029 Susan M Greenlee 501 Sterling St S 1 $2,255.69 $2,255.69 122822420030 Jennifer R Miller 503 Sterling St S 1 $2,255.69 $2,255.69 122822420031 Maria B Ortiz Maya 505 Sterling St S 1 $2,255.69 $2,255.69 122822420032 Shelley A Bratholdt 507 Sterling St S 1 $2,255.69 $2,255.69 122822420033 Glen E Oppenheimer 509 Sterling St S 1 $2,255.69 $2,255.69 122822420179 Donald W Treichel 510 Sterling St S 1 $2,255.69 $2,255.69 122822420034 Barbara E Schaber 511 Sterling St S 1 $2,255.69 $2,255.69 122822420035 Alfons Roskowinski 513 Sterling St S 1 $2,255.69 $2,255.69 122822420036 Shirley A Bahneman 515 Sterling St S 1 $2,255.69 $2,255.69 122822420178 Barbara J Hall 516 Sterling St S 1 $2,255.69 $2,255.69 122822420028 Terry A Richards 521 Sterling St S 1 $2,255.69 $2,255.69 122822420027 Jeff J Black 523 Sterling St S 1 $2,255.69 $2,255.69 122822420026 Lucia F Pierson Trustee 525 Sterling St S 1 $2,255.69 $2,255.69 122822420025 Bonita J Prokosch 527 Sterling St S 1 $2,255.69 $2,255.69 122822420024 Rose M Huber 529 Sterling St S 1 $2,255.69 $2,255.69 122822420174 Candice Lee 530 Sterling St S 1 $2,255.69 $2,255.69 122822420023 Miriam Schliesing 531 Sterling St S 1 $2,255.69 $2,255.69 122822420175 Karen Schultz 532 Sterling St S 1 $2,255.69 $2,255.69 122822420022 Richard J Chlebeck 533 Sterling St S 1 $2,255.69 $2,255.69 122822420176 Renae C Plath Trustee 534 Sterling St S 1 $2,255.69 $2,255.69 122822420021 Floyd Arthur Oursler 535 Sterling St S 1 $2,255.69 $2,255.69 122822420177 Betty C Rodengen 536 Sterling St S 1 $2,255.69 $2,255.69 122822420013 Miland H Meek Trustee 541 Sterling St S 1 $2,255.69 $2,255.69 122822420014 Edward Ruiz 543 Sterling St S 1 $2,255.69 $2,255.69 122822420015 Matthew Mills 545 Sterling St S 1 $2,255.69 $2,255.69 H3, Attachment 2 Packet Page Number 116 of 186 Lakewood‐Sterling Area Street Improvements, City Project 15‐11 Area 2 ‐ Assessment Roll 122822420016 Assaad M Haddad 547 Sterling St S 1 $2,255.69 $2,255.69 122822420017 Jessica Lynn Pearson 549 Sterling St S 1 $2,255.69 $2,255.69 122822420018 Diane Mccarty 551 Sterling St S 1 $2,255.69 $2,255.69 122822420019 Philip N Lambert 553 Sterling St S 1 $2,255.69 $2,255.69 122822420020 Sandra L Hupp 555 Sterling St S 1 $2,255.69 $2,255.69 122822420060 George Albert Haun 563 Sterling St S 1 $2,255.69 $2,255.69 122822420059 Robert E Channer 565 Sterling St S 1 $2,255.69 $2,255.69 122822420058 Diane K Williams 567 Sterling St S 1 $2,255.69 $2,255.69 122822420057 James T Wakefield 569 Sterling St S 1 $2,255.69 $2,255.69 122822420056 June L House 573 Sterling St S 1 $2,255.69 $2,255.69 122822420055 Donald S Detmar 575 Sterling St S 1 $2,255.69 $2,255.69 122822420054 Kevin Svenby 577 Sterling St S 1 $2,255.69 $2,255.69 122822420053 Alice Marie Simpson 579 Sterling St S 1 $2,255.69 $2,255.69 122822420052 Gerald G Guertin Trustee 583 Sterling St S 1 $2,255.69 $2,255.69 122822420051 Donna M Chapp Trustee 585 Sterling St S 1 $2,255.69 $2,255.69 122822420050 Olivia K Moris 587 Sterling St S 1 $2,255.69 $2,255.69 122822420049 Towle, Daniel A 589 Sterling St S 1 $2,255.69 $2,255.69 122822420048 Dina R Morelli 593 Sterling St S 1 $2,255.69 $2,255.69 122822420047 Tracy R Woodward 595 Sterling St S 1 $2,255.69 $2,255.69 122822420046 Candace Kane 597 Sterling St S 1 $2,255.69 $2,255.69 122822420045 Mary Ann Bares 599 Sterling St S 1 $2,255.69 $2,255.69 * Crestview Forest Clubhouse 610 Crestview Forest Dr 532.53 $36,744.57 $36,744.57 122822430007 Roger W Butenhoff 601 Sterling St 1 $3,450.00 $3,450.00 122822430013 Dale L Koziol 602 Sterling St S 1 $3,450.00 $3,450.00 122822430014 Joseph F Knight 606 Sterling St S 1 $3,450.00 $3,450.00 122822430008 Linda Y Her 607 Sterling St S 1 $3,450.00 $3,450.00 122822430015 Keith R Cardinal 610 Sterling St S 1 $3,450.00 $3,450.00 122822430009 Gary A Kloncz 613 Sterling St S 1 $3,450.00 $3,450.00 122822430010 Thomas S Baecker 619 Sterling St S 1 $3,450.00 $3,450.00 122822430016 Joan C Niedfeldt 620 Sterling St S 1 $3,450.00 $3,450.00 122822430011 Bill J Darst 625 Sterling St S 1 $3,450.00 $3,450.00 122822430017 C N Buzicky 626 Sterling St S 1 $3,450.00 $3,450.00 122822430018 Russell J Vanderwiel 632 Sterling St S 1 $3,450.00 $3,450.00 122822430019 Kim M Atkinson 656 Sterling St S 1 $3,450.00 $3,450.00 122822430021 Joshua S Whiting 672 Sterling St S 1 $3,450.00 $3,450.00 122822340065 Steven A Koemptgen 681 Sterling St S 1 $3,450.00 $3,450.00 122822430022 Cary H Mielke 682 Sterling St S 1 $3,450.00 $3,450.00 122822340064 Kim M Swift 691 Sterling St S 1 $3,450.00 $3,450.00 122822340068 Michael F Thompson 692 Sterling St S 1 $3,450.00 $3,450.00 122822340063 Carl A Archer 701 Sterling St S 1 $3,450.00 $3,450.00 122822340067 Naimul Karim 702 Sterling St S 1 $3,450.00 $3,450.00 122822340062 Scott A Bestland 705 Sterling St S 1 $3,450.00 $3,450.00 122822340066 Robert J Julich 712 Sterling St S 1 $3,450.00 $3,450.00 $312,474.78Total Assessment Amount: H3, Attachment 2 Packet Page Number 117 of 186 H3, Attachment 3 Packet Page Number 118 of 186 ASSESI\,EM l'EARltG CB"EIlOl.l rcRM l-d<eWood-StrerlinoAreaStreet IMPRC /E[\,ENTS cxrYFRo.ErT 5-ll_ Addressofassessed parel l2l0SterlinqStrcetSoIh Propertyidentificationnumber: 1 3 - 2 I - 2 2 - 4 3 - 0 0 2 2 (12 digit number) Do you wbh to address the city courrcil at the public hering? YesNo Please complete this form if you intend to appeal to the city council to defer, revbe or cancelyour assessrent. This form must be completed and filed with the city clerk no later than the close of the city council's €Esessrent tearing. Ycur request will become part of the public hearing record. I rcquest that the city council corsider (check one): 1. Deferralof sessrnent due to: Senior citizen deferment (over 65 years of age) Fermanent and total disability Mtional Guard/M i I itary in Active Servie Finarrcial l'lardship (mrct provide documentation c req u i red) Undeveloped Property l n Tl tr a. b. c. d. e. trtr 2. tr Cryrcellation of sessment 3. tr tuvbion of mesgnent fu*on for the request: Please review the attached documents detailinq the remorc for thb rcquest. PO Box 50778 Mendota Heiqhts, MN ( ss1s0 ) Zp 651-4 50-7 557 Address of Property Oryner Telephone ReYlEed Aprll 2010 H3, Attachment 3 Packet Page Number 119 of 186 Tlie proposetl asscssment of $22,425, based upon Maplewood's Residential flnit Method #5 is clearly cxorbitant and tlrreatens thc very cxistence of an organization that has provided a valuable service to thc youth of the community over the last l3l years. As noted on the auached analysis of the assessment as a percentagc of thc SPllFs annual revenue, the assessmettisT4%' o{'our average annual revenue. Revenue that is sorcly nceded to nnintain thc facilities and providc youth ski jumping progrirms. If you were to review our property, the nrajority of the property cannot be developed for housing. 'lfie area at the bottorn of thc hill is subjcct to flooding and contains a water holding pond rnaintained by thc City of Maplewood to hold thc runoff from the sumounding developments. With a great deirl of infrastructure investmenf rnaybe 3 homes could bc built on the iuea at the top of thc hill. Wc have a pipclinc on the wcst boundary of thc propcrty and thc former extcnsion of Sterling Street was abandoncd by thc city several years ago and deeded to the SPEF. A move that would not tnve been made if thc city thought it was viable for devcloprncnt. Thc SPIIF foundation would gladly pay for I unit lbr thc mudr nccdcd imJrrovement of Sterling Street South. A,n assessrncnt of more than I unit would seriously jeopardizc the ability of thc SPFIF to continue providing the valued opportunitics to the 1,outh of the area and our surrounding neighbors. H3, Attachment 3 Packet Page Number 120 of 186 St. Paul Educational Foundation Fundraising by Year 813Ll20Ls 8l3Ll20L4 8/3Ll2OL3 813L/20L2 8131./2OtL 813Ll20L0 8/31/2ooe 760/o li,N 27,L75 H3, Attachment 3 Packet Page Number 121 of 186 St" Paul Educational Foundation, Inc Rationale for Maplewood Street Assessment Objection 'fhe St Paul lHucational Foundation (SPEF) is thc parent organization of the Sr Paul Ski Club located at l2l0 Sterling Street South in Maplcw<>od. Established in 1885, the St. Paul Ski Club is thc oltlest active ski club in the United Statcs. 'fhe rich history of thc club is well documented in thc book "On Wings of Wood" by Tom Harrington and Wally Wakcfield. At its Carvcr's Lrkc/Harrington Hill lacility in Maplewood, the St. Paul Ski Club lunctions as a strictly voluntecr organization sell-funded throu6$xrut its history. It operates under dre auspices of the St. Paul l,ducational Founclation. Charitable garnbling in the form of Bingo and Pull Tabs playcd a major role in cstablishing and operating the current facility. 'fhc SPEF now fun<ls ski club activities, facility maintenance and operating expenses with income from cell phonc antenna space rental on our 46 mctcr towcr. Plastic on thc 20 rneter and 46 meter jumps enables jumping in the summer arxl lall. Our annuirl Cluisnnas training camp introduces the sport of ski jumping to interested youth tlrroughout thc arca. The SPEF is a Non Stock, Non Profit Operating Founclation cxempt liorn tax undcr Section 501(cX3) ol' the Intcmal Revenue Codc. Ttre SPEF is an nopcratin$ Ioundation, which mcans it opcratcs a scrvicc that is donated rather than mcrely donating firnds to other charities. Whereas significant funds lnvc bccn donatcd and gilted to the orpnization ovcr the ycars, the most material donations havc becn lrom individual serviccs. A year-round ski jumping lacility is opcrated on the SPIiF pn)pcrty. Snow is madc, ski junrping hills are groomecl, youth skiers are equipped and trainc<l, scheduled cornpetitions are held, supcrviscd administrative meetings arc run by thc youngntcrs and sigrificant improvcmcnts to thc facilitics arc all accomplished by individual nrernbers contributing their services liee ol'charge, a donation. The annual membership fee lbr youth is .$25. TIis fee entitles the youth participant to ski free, bc coached, attend training carnps, participate in scheduled weekend competitions anrl be completely equipped with skis, bools, jumping suits and ltclmets. 'I'he mcrnberslilp fee also cntitles the youdr participant to lice admission to various award banquets and other social events. 'l-he SPFIF is a privately hcld public playgound. Maplewood anrl other nearby fire departments and public emergency service providers havc used the property lbr training without charge. 'Ihe property is irlso available free to neighboring residents to walk their dop or usc in any othcr rcasonablc way. 'Ifrere arc absolutely no restrictions as tcr participation in thc SPEF or on who is allowed to usc the lacilities ol-thc organization. All arc welcome. 'Ihe primary focus of the orgranization is on youth. Adults may participatc in ski jumping but they rarely to anydring other than donate thcir tirne to thc charitablc opcrations of the SPEF. Refer to the ncxt pirgc lbr thc mission statement ol'thc St. Paul Ski Club and thc attached North Stars Factors Survey. H3, Attachment 3 Packet Page Number 122 of 186 Mission Statement of the St Paul Ski Club To use the sport of ski jumping to enhance the self worth, character, and quality of life for all people involved in the Club. Ski Jumpers Provide facilities that are safe, challenging, and rewarding; and coaching in accordance with their individual aspirations. Adolescents Educate them to value and respect themselves and others through providing a fun, safe and balanced approach to the sport ofSki Jumping. Teach them interdependence through being active participants in the St. Paul Junior Ski Club. Teenagers Teach them the value ofdisciplined training and work ethic by providing an environment which allows each individual the opportunity to get out ofthe sport what they put into it. Teach them leadership and cooperation through being active in administering the St. Paul Junior Ski Club. Adults Provide an environment for friendly competition and an opportunity to help develop the youth through leading by example. Members Provide the opportunity to "give back" to the sport, and to experience thejoys ofservice, fellowship. and camaraderie. Parents Afford the peace of mind that their children are not only getting the benefits ofphysical activity, but are also leaming some ofthe larger lessons of [ife. Encourage the parent's involvement to the degree that they desire. Neighbors The Club operates within the regulatory guidelines the Maplewood public parks, and strives to be a "good neighbor". USSA SPSC is member club in good standing, abides by USSA rules/regulations, and functions as a "feeder" organization in terms of ski jumping and administrative talent. Communig' Produce/provide better citizens that will make a positive contribution to society. H3, Attachment 3 Packet Page Number 123 of 186 North Stars Factors Survev Owner: Address: Parcel lD(s): St. Paul Educational Foundation, lnc.refened to as the SPEF 1-25-20',t6 13.28.22.43.OO22 Contact:Gerald Slater 651-450-7557 T.Lphom ln order to process your Application fur Property Tax Exemption as an "lnstltution for Purely Public Charity,' please roylew and r€spond to tho following quostlons pertainlng to MN Statuto 272,02, subd. 7, establish.d per the 2009 MN House Bill I 298, Chapter 88. All factors must bs satisfiad, unlesr your organization can provido a reasonable justlficatton for failing to meet factors 2, 3, and 5. l. To whet extent is the stated purpose of tho undertaking "to be helpful to othors without immediats erpeclation of material reward"? Please see the Revised and Restated Articles of lncorporation, Article ll, which requires compliance with this factor. The SPEF has faithfully and consistently followed and adhered to its Articles of lncorporation since the SPEF was founded in 1968. 2. To what extont doos thc entity lnyolved rsly on support ,rom matorial donations, gifrs, or govommont grants to carry out servicss to tha publlc? (For the pu.poses of this question, a grant b a yvritten or eloctronic document deflning a legal relationship between a granting agency and a granteo, when the princlpal purpose of the relationship is to transfer cash or something of valuo to the grantee to support a public purposa.) The SPEF is a Non Stock, Non Profit Private Operating Foundation exempt from tax under Section 501(c)(3) on the lntemal Revenue Code. The SPEF is an "operating" foundation, which means it operates a service that is donated rather than merely donating funds to other charities. Whereas significant funds have been donated and gifted to the organization over the years, the most material donations have been from individual services. A year-round skijumping facility is operated on the SPEF property. Snow is made, ski jumping hills groomed, youth skiers are equipped and trained, scheduled competitions are held, supervised administrative meeting are run by the youngsters and sinnifimnt imnrovements in lhe faeilitics arc all rlished hv individrral memha 3, a) Doos anyone who benefits from your charity roceive tho benoflts and servlcos al rcduced or no cost? b) Does your organizallon prbvide ssrvlces to tho publlc that alleviate burdens or responslbllitles that would otherwise be bome by the govornment? a) The annual membership fee for youth is $25. This fee entitles the youth participant to ski free, be coached, atlend training camps, participate in scheduled weekend competitions and be completely equipped with skis, boots, jumping suits and helmets. The membership fee also entitles the youth participant to free admission to various award banquets and other social events. b) The SPEF is a privately held public playground. Maplewood and other nea6y fire departrnents and public emergency service providers have used the property for training without charge. The property is also available free to neighboring residents to walk their dogs or use in any other reasonable way. {. Doos tho income recoived, lncludlng materlal gifts and donations, produca a prcfit to the charitable lnstitution thal ls not dbtribulod to privato lnterests? The SPEF does not operate with the inlent to earn a long-term profit, See the enclosed Federal 990 annual tax retums for the fiscal years ending August 31, 2013, 2014 and 2015. Any profit retained for more than one year is usually generated from gains on investments. Prior to the year 2000, proflts generat€d by gaming activities were put into an endowment fund to ensure the organization has sufiicient funding to continue operalions in future years. The Revised and Restated Articles in Article X address this endowment fund and how it6 use is restricted. Ocassionaly on an annual basis the SPEF may receive more cash inflow than outflow. These excesses are set aside for major capital improvements to the property, that in turn support our charitable activiti€s. t. Ate the boneficiaries of the charity restric{ed or unrestrictsd? lf they ars restrlcted, do the class of p€6ons to whom the chadty is mado availablo havo a roasonable relationship to the charftabla objectives? There are absolutely no restrictions as to participation in the SPEF or on who is allowed to use the facilities of the organization. All are welcome. The primary focus of the organization is on youth. Adults may participate in skijumping, but they rarely do anything other than donate their time to the charitable operations of the SPEF. 6. Are dividonds, ln any form or substance, or assets upon dissolution, avaalable to prlvate lnterosts? Please see the Revised and Restated Articles of lncorporation Affcles ll and Vl which prohibit such activities. Plear. lnclude a comPlrtod copy ol thb survey wllh your "lnllltutlon of Purely Publlc Charhf exempt applicdion H3, Attachment 3 Packet Page Number 124 of 186 H3, Attachment 3 Packet Page Number 125 of 186 H3, Attachment 3 Packet Page Number 126 of 186 H3, Attachment 3 Packet Page Number 127 of 186 H3, Attachment 3 Packet Page Number 128 of 186 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to resolution passed by the City Council on February 22, 2016, calling for a Public Hearing, the assessment roll for the Lakewood-Sterling Street Improvements, City Project 15-11 was presented in a Public Hearing, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 24-28-22-12-0006 – Patricia J. Paczkowski, 1240 Sterling Street S. It is currently proposed that the property be assessed for 4 units at a rate of $3,450 per unit. Patricia J. Paczhowski is requesting an undeveloped property deferral. b. Parcel 13-28-22-43-0022 – Kenneth Perry, President, St. Paul Educational Foundation, 1210 Sterling Street South, It is currently proposed that the property be assessed for 325 feet of front footage. Kenneth Perry, on behalf of St. Paul Educational Foundation, is objecting to the assessment on the basis that the assessment will create a financial hardship and is requesting a revision to the assessment amount. c. Parcel N.A. – Tom Brudvig, President, Crestview Forest Townhomes Rec. Board, 610 Crestview Forest Drive is located at the southeast corner of Sterling Street and Crestview Forest Drive. It is currently proposed that the property be assessed for 532.53 feet of front footage. Tom Brudvig, on behalf of the Crestview Forest Townhomes Rec. Board, is objecting to the assessment and is requesting a revision to the method of assessment and an undeveloped property deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is herby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is herby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on March 28, 2016, as to their recommendations for adjustments. 3. The assessment roll for the Lakewood-Sterling Street Improvements as amended, without those property owners’ assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 4. Such assessments shall be payable in equal annual installments extending over a period of and 8 years for all properties, the first installments to be payable on or before the first Monday in January 2017 and shall bear interest at the rate of 3.75 percent per annum H3, Attachment 4 Packet Page Number 129 of 186 from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2016. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 5. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2016, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2016, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 6. The City Engineer and City Clerk shall forthwith after November 15, 2016, but no later than November 16, 2016, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Approved this 14th day of March 2016. H3, Attachment 4 Packet Page Number 130 of 186 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that that the bid of Midwest Asphalt in the amount of $972,143.60 is the lowest responsible bid for the construction of Lakewood-Sterling Street Improvements, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. Approved this 14th day of March 2016. H3, Attachment 5 Packet Page Number 131 of 186 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 132 of 186 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: March 8, 2016 SUBJECT: Consider Approval of Penalties for Alcohol Compliance Failures Introduction Alcohol compliance failures from 2014 and 2015 were brought to Council for the assessment of penalties during the February 08, 2016 meeting; however, representatives from a number of establishments were unable to be present at this meeting. For this reason, assessment of fines for these establishments was postponed to the March 14, 2016 Council meeting. In all instances, an employee failed the compliance check by selling alcohol to an underage buyer, and was issued a criminal complaint for the offense, which has been or will be prosecuted. The establishments have been notified of the proposed civil penalty against them, and were encouraged to attend the March 14, 2016 council meeting. Background Alcohol compliance checks have been regularly conducted since 2000. In the past, Council has opted not to establish strict guidelines for penalties, on the basis that some compliance failures are more egregious than others, and therefore may warrant stricter penalties. In addition, as part of an incentive program implemented by Council in 2005 pertaining to assessing penalties, a business’ violation will be removed from its record if the business remains violation free for five (5) consecutive years following a failure. While the City does not have specified fines for alcohol compliance failures, past practice has been to adhere to the following guidelines for imposing penalties: $500 for the first offense, $1,000 for the second offense, $2000 for the third offense. In addition, and depending on the nature of the failure, suspension or possible revocation of the license may be also imposed. Attached is a statistical list of the remaining licensed alcohol establishments that incurred compliance failures in 2015. In line with past practices, penalties have been proposed for each. Recommendation Staff recommends Council consider the proposed penalties, attached. Attachments 1. List of remaining licensed alcohol establishments that incurred compliance failures in 2015 Packet Page Number 133 of 186 BUSINESS NAME - ADDRESS COMPLIANCE FAILURE COMPLIANCE DATE STATUS STAFF RECOMMENDED FINE COUNCIL APPROVED FINE/ACTION ALCOHOL 12/17/2015 IN PROGRESS PROPOSED $500 FINE ALCOHOL 12/17/2015 IN PROGRESS PROPOSED $2,000 FINE ALCOHOL 11/29/2011 COMPLETED 07/09/2012 - APPROVED $2,000 FINE ALCOHOL 06/01/2010 COMPLETED 01/10/2011 - APPROVED $1,000 FINE ALCOHOL 12/14/2009 COMPLETED 04/12/2010 - APPROVED $500 FINE TOBACCO 11/26/2008 COMPLETED 04/12/2010 - APPROVED $250 FINE ALCOHOL 12/17/2015 IN PROGRESS PROPOSED $500 FINE ALCOHOL 12/30/2015 IN PROGRESS PROPOSED $2,000 FINE ALCOHOL 03/05/2011 COMPLETED 02/13/2012 - APPROVED $2,000 FINE AND A 3-DAY SUSPENSION OF LICENSE ALCOHOL 12/20/2010 COMPLETED 04/25/2011 - APPROVED $2,000 FINE ALCOHOL 11/13/2009 COMPLETED 03/22/2010 - APPROVED $1,000 FINE ALCOHOL 10/10/2006 COMPLETED 10/27/2008 - APPROVED $500 FINE CUB FOODS #30244 - 100 COUNTY ROAD B W MGM LIQUOR WAREHOUSE - 2950 WHITE BEAR AVE OSAKA SUSHI & HIBACHI - 1900 COUNTY ROAD D E SARRACK'S INT'L WINE & SPIRITS - 2305 STILLWATER J1, Attachment 1Packet Page Number 134 of 186 J2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, City Clerk DATE: February 25, 2016 SUBJECT: Consider Approval of an On-Sale Wine and 3.2% Malt Liquor License for Indian Masala Restaurant, 27 Century Ave N Introduction An application for an On-Sale Wine and 3.2% Malt Liquor license was submitted by Ashokachakaravarthi Rajamoorthy, owner and manager of Indian Restaurant MN – Indian Masala, located at 37 Century Ave N. In addition, Mr. Rajamoorthy has also applied for a supplementary Sunday Sales license and, in accordance with City Code of Ordinances Sec. 6-227, intends to maintain at least 60% in food sales that allows the sale of strong beer without an additional license. Background For the purposes of these license applications, a background investigation was conducted Mr. Rajamoorthy. Nothing has been identified that would prohibit the issuance of this licenses. City staff will be making periodic onsite visits to ensure compliance to eliminate the sale of alcoholic beverages to underage persons, and compliance with the City’s code of ordinances. In addition, the applicant has received a copy of the City Code and have familiarized himself with the provisions contained within it. Budget Impact None Recommendation It is recommended that the Council approve an On-Sale Wine and 3.2% Malt Liquor license for Indian Masala Restaurant, 27 Century Ave N Packet Page Number 135 of 186 J3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, City Clerk DATE: March 8, 2016 SUBJECT: Approval of an On-Sale Intoxicating Liquor License for Tokyo Sushi All You Can Eat, 1935 Beam Ave Introduction An application for an On-Sale Intoxicating liquor license was submitted by Yan Chen, manager of Tokyo Sushi All You Can Eat, to be located at 1935 Beam Ave, Ste #103. Background For the purposes of this license applications, a background investigation was conducted Ms. Chen. Nothing has been indentified that would prohibit the issuance of this licenses. City staff will be making periodic onsite visits to ensure compliance to eliminate the sale of alcoholic beverages to underage persons, and compliance with the City’s code of ordinances. In addition, the applicant has received a copy of the City Code and have familiarized herself with the provisions contained within it. Budget Impact None Recommendation It is recommended that the Council approve an On-Sale Intoxicating Liquor license for Tokyo Sushi All You Can Eat, 1935 Beam Ave, contingent upon satisfactory results of building, fire, health inspections. Packet Page Number 136 of 186 J4 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Director Citizen Services DATE: February 25, 2016 SUBJECT: Consideration of Revisions to City Code Changing from Odd to Even Year Elections Introduction This report contains the background and necessary steps in order for the City to move municipal elections to even-numbered years to be held concurrently with State and Federal elections. Background Legislative History: In order for the City to move elections to the even-numbered years there are steps required to be taken as outlined in Minnesota Statutes §205.07 (Attachment 1). As a Statutory Plan B City, the City of Maplewood may choose whether to hold municipal elections in an odd or even year cycle. At the February 22, 2016 City Council meeting, council directed staff to report on the steps needed in order to make the change, in addition to information on the financial impact. Staff has also addressed how the change would be communicated to residents and other pertinent information that may assist the council moving forward. The procedure for changing municipal elections to even-numbered years is outlined as follows: 1. The City Council would direct staff to proceed with drafting an Ordinance to change Article 2 Section 2-36 Terms of Office; Biennial Election in Odd-Numbered Years of the Maplewood City Code. 2. Upon approval the ordinance would be published in the legal newspaper; the ordinance will not take effect until 240 days after publication. 3. Within 180 days of passage and publication of the ordinance a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition must be signed by a number of Maplewood eligible voters equal to at least ten percent of the total votes cast in the last municipal general election. The petition is then sent to Ramsey County Elections to be vetted for eligibility. a. Should such an eligible petition be submitted the new ordinance would not become effective until it has been placed on the ballot and been approved by a majority of voters voting on the question at a general or special election held at least 60 days after Packet Page Number 137 of 186 J4 the petition’s submission. (There were 6,036 voters in the last municipal election, so 636 eligible voters would need to sign the petition in order for the issue to be placed on the ballot as a referendum question.) b. Should no such petition be submitted, the ordinance would become effective 240 days after its publication. c. M.S.§2015.10 Subd. 3 may also come into play as it dictates that no special election may take place within 56 days of a State General Election. Due to Statute §205.07 Subd. 3 requiring that an ordinance changing from odd to even years becoming effective 240 days after passage, there is not adequate time for this issue to be considered at the 2016 General Election. Following are scenarios for consideration if an ordinance changing from odd to even year elections is approved to go into effect for 2017: • If an eligible petition is filed, the council would call a Special Election to see if the referendum changing from odd to even years passes. • If the referendum passes the ordinance goes into effect and the next municipal election would be held in 2018. • If the referendum fails the 2017 odd year municipal election will be conducted. • If an eligible petition is filed, the council may reconsider its action adopting the ordinance and conduct the 2017 odd year municipal election. • If no petition is filed the ordinance will go into effect after the adoption and 240 days after publication and the next municipal election will be held in 2018. Councilmember Terms There are provisions in Statute § 205.07 directing that the governing body may adopt supplementary ordinances shortening or lengthening the terms of incumbents and those elected at the initial election. If the City Council chooses not to address this issue State Statutes dictate, Councilmember terms expiring in an odd-numbered year be automatically extend one year until the date of the next (even-numbered year) election. Financial Impact Following are actual costs of the elections over the previous ten years. Also included is the percentage of registered voter turnout. If an eligible petition is filed and a special election is held staff estimates that the cost to conduct the election would be approximately $15,000. The estimate is based on not conducting election judge training since we will have already conducted training for the 2016 Federal and State election. Also, it is anticipated that there will be a low voter turnout so staffing levels at the precincts will be minimal. Packet Page Number 138 of 186 J4 Year Election Percent Turn Out Annual Cost 2006 State General Election 65% $66,210 2007 Municipal General Election 29% $53,570 2008 State and Federal General Election 78.6% $79,450 2009 Municipal Election 27% $68,170 2010 State General Election 60.40 % $66,390 2011 Municipal Election 27% $57,870 2012 State and Federal Election 85.3% $80,470 2013 Municipal Election 24% $65,100 2014 State Election 60 % $62,720 2015 Municipal Election 26.6% $47,330* *The 2015 budget for elections was estimated at $67,750 due to the approval of the Joint Powers Agreement (JPA) with Ramsey County for the purchase of the new voting systems. As you are aware, the equipment was not purchased until February of 2016. Since 2015 was the last year using the current equipment minimal election judge training was conducted. This explains the decrease in the actual cost for the 2015 election. The administrative cost of elections is increasing. This is due to legislative changes to absentee voting where voters now do not have to have a reason to vote by absentee. Additionally, State law dictates that all duties relating to absentee voting, which had been previously administered in the precincts now be done by, in this case Maplewood elections staff. Communication Plan If elections are changed to even-numbered years, staff would organize a communication plan to get the word out to our residents. The plan for communication would include the following: • Social media posts would be sent after the change was approved by the City Council and again when key deadlines were close (i.e. candidate filing, absentee ballot voting period, the Primary, election day, etc.) • Press releases sent to local media explaining the change, timelines, and deadlines both after the change was passed by the City Council and after the petition period had ended • City Website would be updated and the election page would include detailed information on the change, timelines, etc. • City Newsletter would include articles discussing the change • Informational posters posted in City Hall • Postcards mailed to City of Maplewood registered voters • A frequent replayed segment on Spotlight on Maplewood Following is a Timeline of Possible Dates of Action if the Ordinance is Approved: March 14 Agenda report to council March 28 First reading of the ordinance April 11 Second reading of the ordinance April 20 Publication and start of 240 days and 180 days for petition to be filed October 18 Deadline for petition to be filed December 16 240th day. If petition is not filed ordinance is in effect January 4 First possible day of special election if petition is filed (56 days after a State election) Packet Page Number 139 of 186 J4 This and That: The following Ramsey County cities vote in even years: Arden Hills Blaine Little Canada Gem Lake Lauderdale Mounds View North Oaks North St. Paul Roseville Shoreview Spring Lake Park Vadnais Heights White Bear Township The following Ramsey County cities vote in odd years: Falcon Heights Maplewood St. Anthony St. Paul White Bear Lake The New Brighton City Council passed an ordinance at their November 10, 2015 city council meeting and is currently undergoing the process of moving from odd to even year elections. Our largest school district (ISD 622) votes in even years. ISD 623 and 624 still vote in odd years and the City of Maplewood is obligated to continue to conduct their elections in the precincts that are in Maplewood (see below). However, if the City of Maplewood goes to even year elections we would be able to do a 100% bill back to the districts for our costs and virtually eliminate conservatively $65,000 every other year in the Elections Division budget. ISD 623 Precinct 1 982 Registered voters Precinct 2 1454 Registered voters Precinct 3 1198 Registered voters ISD 624 Precinct 8 204 Registered voters Recommendation Direct staff to proceed with drafting changes to Article 2 Section 2-36 Terms of Office; Biennial Election in Odd-Numbered Years of the Maplewood City Code. Attachments: 1. MN §205.07 - CITY GENERAL ELECTION Packet Page Number 140 of 186 1 MINNESOTA STATUTES 2015 205.07 Copyright © 2015 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 205.07 MS 1957 [Repealed, 1959 c 675 art 13 s 1] 205.07 CITY GENERAL ELECTION. Subdivision 1. Date of election. The municipal general election in each city shall be held on the first Tuesday after the first Monday in November in every even-numbered year. Notwithstanding any provision of law to the contrary and subject to the provisions of this section, the governing body of a city may, by ordinance passed at a regular meeting held before June 1 of any year, elect to hold the election on the first Tuesday after the first Monday in November in each odd-numbered year. A city may hold elections in either the even-numbered year or the odd-numbered year, but not both. When a city changes its elections from one year to another, and does not provide for the expiration of terms by ordinance, the term of an incumbent expiring at a time when no municipal election is held in the months immediately prior to expiration is extended until the date for taking office following the next scheduled municipal election. If the change results in having three council members to be elected at a succeeding election, the two individuals receiving the highest vote shall serve for terms of four years and the individual receiving the third highest number of votes shall serve for a term of two years. To provide an orderly transition to the odd or even year election plan, the governing body of the city may adopt supplementary ordinances regulating initial elections and officers to be chosen at the elections and shortening or lengthening the terms of incumbents and those elected at the initial election. The term of office for the mayor may be either two or four years. The term of office of council members is four years. Whenever the time of the municipal election is changed, the city clerk immediately shall notify in writing the county auditor and secretary of state of the change of date. Thereafter the municipal general election shall be held on the first Tuesday after the first Monday in November in each odd-numbered or even-numbered year until the ordinance is revoked and notification of the change is made. A municipal general election scheduled to be held in an odd-numbered year may be postponed for inclement weather as provided in section 205.105. Subd. 1a. City council members; expiration of terms. The terms of all city council members of charter cities expire on the first Monday in January of the year in which they expire. All officers of charter cities chosen and qualified shall hold office until their successors qualify. Subd. 2. [Repealed, 1976 c 44 s 70] Subd. 3. Effect of ordinance; referendum. An ordinance changing the year of the municipal election is effective 240 days after passage and publication or at a later date fixed in the ordinance. Within 180 days after passage and publication of the ordinance, a petition requesting a referendum on the ordinance may be filed with the city clerk. The petition shall be signed by eligible voters equal in number to ten percent of the total number of votes cast in the city at the last municipal general election. If the requisite petition is filed within the prescribed period, the ordinance shall not become effective until it is approved by a majority of the voters voting on the question at a general or special election held at least 60 days after submission of the petition. If the petition is filed, the governing body may reconsider its action in adopting the ordinance. History: 1959 c 675 art 6 s 7; 1973 c 123 art 3 s 4; 1974 c 337 s 3; 1976 c 44 s 5; 1981 c 29 art 7 s 38; 1983 c 62 s 3; 1986 c 444; 1991 c 227 s 19,20; 1994 c 646 s 6; 1995 c 8 s 5; 2010 c 201 s 58,59; 2014 c 264 s 22 J4, Attachment 1 Packet Page Number 141 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: March 7, 2016 SUBJECT: Consider Approval of a Resolution Authorizing the Vacation of a Public Utility and Drainage Easement, 2115 Lydia Avenue (Requires Four Votes) Introduction In December 2015 Scott Mogren, previous owner of 2115 Lydia Avenue, had a title search prepared for the sale of his property. The title search reflected that the existing single family house was constructed five feet within a ten-foot-wide utility and drainage easement on the east side of the property. In order to clear the title, the City must vacate five feet of the encumbered portion of the easement. Refer to site plan and certificate of survey attached (Attachments 1 and 2). Request Vacate a portion of the utility and drainage easement located at 2115 Lydia Avenue. Findings for Approval To vacate an easement, the City Council must find that it is in the public interest. Vacations require a four-fifths vote from the City Coun cil to approve. Discussion In December 2015 Mr. Mogren requested that the Maplewood Engineering Department research the easement encroachment prior to the sale of his property at 2115 Lydia Avenue. The Engineering Department determined that there is no public need for the five feet of encumbered easement. Michael Thompson, Public Works Director, submitted the attached letter to Mr. Mogren’s title company explaining that the City intends to vacate the easement (Attachment 3). The letter was required by the title company in order to close on the property in December. Mr. Mogren was also required to submit an escrow to the title company to ensure the vacation of the easement was complete. Budget Impact None. J5 Packet Page Number 142 of 186 Commission Review The Planning Commission held a public hearing for the vacation of a public utility and drainage easement at 2115 Lydia Avenue on February 23, 2016. The Planning Commission recommended approval of the vacation. Recommendation Approve the attached resolution vacating five feet of the ten-foot-wide utility and drainage easement located on the east side of the property at 2115 Lydia Avenue (Attachment 4). The easement is being vacated since: 1.It is in the public interest. 2.There are no utilities located in the easement and it is not being utilized. Reference Information Site Description Site size: .18 acres Existing land use: Single Family House Surrounding Land Uses North: Townhomes South: Single Family Homes West: Single Family Homes East: Single Family Homes Planning Land Use Plan designation: Medium Density Residential Zoning: Double Dwelling Residential Application Date The application for this request was considered complete on January 7, 2016. State law requires that the city decide on these applications within 60 days, or if that timeline cannot be met the City must extend the application in writing an additional 60 days. The 60-day deadline for City Council action is March 7, 2016. However, since the Planning Commission meeting was rescheduled due to inclement weather, City Council review of the proposal has been delayed until March 14, 2016. The City submitted a letter extending the deadline an additional 60 days, until May 6, 2016. Attachments 1.Site Plan 2.Certificate of Survey 3.Michael Thompson, Public Works Director, December 29, 2015, Letter 4.Vacation Resolution 2 J5 Packet Page Number 143 of 186 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 399.8 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet399.80199.92 Notes Enter Map Description J5, Attent 1 Legend 2115 Lydia Avenue City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries Airports J5, Attachment 1 Packet Page Number 144 of 186 J5, Attachment 2 Packet Page Number 145 of 186 Together We Can December 29, 2015 Mr. Randolph W. Johnson Attorney at Law Lead Examiner Liberty Title, lnc. 763-450-9456 RE: 21 15 Lydia Avenue, Maplewood, Minnesota '10' Drainage and Utility Easement Dear Mr. Johnson: It has come to the aftention of the City that an encroachment exists within approximately 5' of a 10' drainage and utility easement adjacent to 2115 Lydia Avenue. It is the intent of the City to move forward the vacation of the 5' encumbered portion of said drainage and utility easement to the city council for final action. lf in the interim, grading or storm sewer work is needed, the City will not require the home owner to remove the existing struc{ure in order to achieve this. Please note that the city does have a fee schedule for the easement vacation process, however given the unique circumstances all fees are officially waived since it is the. responsibility of the city to follow through with an earlier commitment to vacate said easement. please contact Randy Lindblom in our office with any additional questions at651-249- 2410. Attachments C: 21 15 Lydia Ave House File Nick Carver, EEDD Director Randy Lindblom, Sr. Engineering Tech. DEPARTMENT OF PUBLIC \./ORKS 651-249-2400 FAX:651-249-2409 Michael Thompson CrrY OF MAPLEwooD l9O2 CoUNTY RoAD B EAsr MAPLEwooD, MN 55t09 MAPLEW00D J5, Attachment 3 Packet Page Number 146 of 186 E ASEMENT VACATION RESOLUTION WHEREAS, the City of Maplewood is requesting the vacation of five feet of the ten-foot-wide utility and drainage easement located on the east side of the property at 2115 Lydia Avenue. The property’s legal description is: Lot 13, Block 1, Lynnwood Terrace WHEREAS, on February 23, 2016, the Planning Commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owner. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered reports and recommendations from the city staff. The Planning Commission recommended that the City Council approve this request. WHEREAS, on March 14, 2016, the City Council reviewed this request after considering the recommendations of staff and the Planning Commission. WHEREAS, after the City Council approves this vacation, the public interest in the property will go to the property at 2115 Lydia Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the above-described vacation because: 1.It is in the public interest. 2.There are no utilities located in the easement and it is not being utilized. The Maplewood City Council approved this resolution on March 14, 2016. J5, Attachment 4 Packet Page Number 147 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: March 8, 2016 SUBJECT: Consider Approval of a Resolution Authorizing a Wetland Buffer Variance, 2214 Woodlynn Avenue Introduction Ryan and Sarah Buhl are proposing to construct a new single family house on a vacant lot located at 2214 Woodlynn Avenue East. There is a Manage C wetland located on the lot. The City’s wetland ordinance requires a 50-foot wetland buffer be maintained around a Manage C wetland. There is no building, grading, or mowing allowed within the wetland buffer. The applicants’ single family house is proposed to be constructed within 36 feet of the wetland edge, with grading to within 20 feet of the wetland. In order to construct the single family house as proposed, the applicants must receive approval of a 30-foot wetland buffer variance from the City Council. Refer to the applicants’ letter and plans attached (Attachments 1 through 6). Background In 2001 the City of Maplewood approved a lot division to create two lots with frontage on Woodlynn Avenue. The lot division deeds were not recorded with the County within one year of the City’s approval. Thus the lot division was not complete. In 2013 the City of Maplewood approved a lot division to create two lots with frontage on Woodlynn Avenue. In July 2014 the applicants purchased one of the vacant lots at 2214 Woodlynn Avenue East. In December 2015 the applicants submitted a building permit for the construction of a single family house at 2214 Woodlynn Avenue East. The survey submitted with the building permit reflected that the house would be constructed within 36 feet of the wetland and that grading for the house would take place within 20 feet of the wetland. The City notified the applicants that the house plans had to be modified to ensure no impacts to the wetland buffer, or the applicants must obtain approval of a wetland buffer variance from the City Council. The applicants have chosen to apply for a wetland buffer variance to construct the single family house as proposed. Discussion State Law State law requires that variances shall only be permitted when they are found to be: 1. In harmony with the general purposes and intent of the official control; 2. Consistent with the comprehensive plan; J6 Packet Page Number 148 of 186 3. When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. City staff finds that the construction of a single family house on the vacant lot at 2214 Woodlynn Avenue East is in harmony with the City’s zoning code and comprehensive plan. The location of a Manage C wetland on the vacant lot creates a unique circumstance which was not created by the landowner. The proposed wetland buffer variance will not alter the character of the neighborhood. Watershed District Review The Ramsey-Washington Metro Watershed District requires a 25 foot average buffer, and a 12.5 foot minimum buffer around a Manage C wetland. Maplewood’s wetland ordinance is more restrictive with a 50 foot buffer required around Manage C wetlands. Paige Ahlborg, Watershed Project Manager with the Ramsey-Washington Metro Watershed District, reviewed the proposal and states that a watershed district permit is not required for a single family house, but she does point out that this proposal would be in compliance with their buffer requirements. Ms. Ahlborg encourages restoration of the remaining wetland buffer and has offered technical assistance to help draft the restoration plan. Plant material and labor costs for the wetland buffer restoration project do not qualify for the watershed district’s cost share grant due to the fact that it is a condition of approval of a wetland buffer variance. Maplewood Wetland Ordinance The City’s wetland ordinance states that the City may require that the applicant mitigate impacts to a wetland when approving a variance. Mitigation can include: 1. Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2. Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3. Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4. Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5. Monitoring the impact and taking appropriate corrective measures. 6. Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the City before planting. 7. Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 2 J6 Packet Page Number 149 of 186 8. A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of 150% of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Engineering Comments Jon Jarosch, PE, engineer with the City of Maplewood, submitted an Engineering Plan Report for the proposed single family house (Attachment 7). Mr. Jarosch states that the additional drainage generated by developing the site can be routed to minimize the potential for negative impacts to surrounding areas. The Engineering Department will ensure this through the grading permit process and conditions outlined in the report. Neighborhood Comments The City of Maplewood mailed notices to property owners within 500 feet of the property, requesting feedback on the proposed wetland buffer variance. The City received 11 responses (Attachment 8). Mitigation Strategies Based on the findings above, staff recommends approval of the variance with mitigation strategies as outlined below: 1. House Location: City code requires that a single family house maintain a 30 -foot front yard setback, or the predominant setback of the existing houses on the same street. The predominant setback along Woodlynn Avenue East is 30 feet. The City can approve a reduced front yard setback as long as the setback: a) would not adversely affect the drainage of surrounding properties; b) would not affect the privacy of adjacent homes; c) would save significant natural features; d) is necessary to meet city, state, or federal regulations, such as pipeline setback or noise regulations; or e) is necessary for energy saving, health or safety reasons. The original survey submitted with the building permit showed the single family house with a 30-foot front yard setback as measured from the foundation of the front porch, and a 34-foot front yard setback as measured from the foundation of the house. To reduce the impacts to the wetland (natural feature), staff recommends the applicants shift the house at least four feet to the north, toward the road. The house will then maintain a 26- foot front yard setback to the foundation of the porch, and a 30-foot front yard setback to the foundation of the house. The applicants have submitted a revised survey which shows the house shifted four feet toward the north property line (Attachment 9). 2. Retaining Wall: To reduce the impacts to the wetland, staff recommends the applicants construct a retaining wall 8 to 10 feet away from the south side of the house, adjacent the wetland. The retaining wall will help create a flat lawn area and reduce the amount of grading and impacts to the wetland. The applicants have submitted a revised survey which shows a retaining wall constructed 10 feet away from the south side of the house, adjacent the wetland (Attachment 9). 3 J6 Packet Page Number 150 of 186 3. Wetland Buffer Restoration: To improve the remaining wetland buffer, staff recommends the applicants restore the buffer to native plants. Commission Review The Environmental and Natural Resources Commission reviewed and recommended approval of the wetland variance on January 27, 2016 (Attachment 10). The Planning Commission held a public hearing and recommended approval of the wetland variance on February 23, 2016 (Attachment 11). Recommendation Approve the attached resolution authorizing a wetland buffer variance for 2214 Woodlynn Avenue East (Attachment 12). Approval is based on the following reasons: 1. Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2. Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality of the wetland. 3. Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1. Conditions outlined in Jon Jarosch’s January 25, 2016, Engineering Plan Review. 2. Prior to issuance of a grading permit for the new single family house the applicants must submit: a. A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b. A revised survey which shows the house shifted four feet to the north, toward the road. This will decrease the impacts to the wetland. c. A revised grading plan which shows the location of a retaining wall to be constructed approximately 8 to 10 feet from the south side of the house, adjacent the wetland. This will create a flat yard area and reduce the amount of grading and impacts to the wetland. d. A revised survey which shows the location of the proposed deck on the first floor. The deck footings must not encroach past the proposed retaining wall located in the back yard. This will ensure no additional impacts to the wetland. J6 4 Packet Page Number 151 of 186 e. A wetland buffer restoration plan to be approved by City staff. This will improve the water quality of the wetland. f. An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 3. Prior to release of the escrow, the wetland buffer plantings must be established. Reference Information Site Description Site size: .18 acres Existing land use: Single Family House Surrounding Land Uses North: Townhomes South: Single Family Homes West: Single Family Homes East: Single Family Homes Planning Land Use Plan designation: Single Family Residential Zoning: Single Family Residential Application Date The application for this request was considered complete on January 7, 2016. State law requires that the city decide on these applications within 60 days, or if that timeline cannot be met the City must extend the application in writing an additional 60 days. The 60-day deadline for City Council action is March 7, 2016. However, since the Planning Commission meeting was rescheduled due to inclement weather, City Council review of the proposal has been delayed until March 14, 2016. The City submitted a letter extending the deadline an additional 60 days, until May 6, 2016. Attachments 1. Applicants’ Letter Dated January 7, 2016 2. Site Plan 3. Wetland Map 4. Original Lot Split 5. New House Survey dated December 17, 2015 6. House Elevations 7. Engineering Plan Review 8. Neighborhood Comments 9. Revised House Survey dated February 1, 2016 10. Environmental and Natural Resources January 27, 2016, Minutes 11. Planning Commission February 23, 2016, Minutes 12. Variance Resolution J6 5 Packet Page Number 152 of 186 J6, Attachment 1 Packet Page Number 153 of 186 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. © Ramsey County Enterprise GIS Division 399.8 THIS MAP IS NOT TO BE USED FOR NAVIGATION NAD_1983_HARN_Adj_MN_Ramsey_Feet Feet399.80199.92 Notes Enter Map Description J6, 2214 Woodlynn Avenue East City Halls Schools Hospitals Fire Stations Police Stations Recreational Centers Parcel Points Parcel Boundaries NWI Wetlands Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine Airports J6, Attachment 2 Packet Page Number 154 of 186 2214 Woodlynn Avenue Wetland Map North ^ Blue = Manage C Wetland J6, Attachment 3 Packet Page Number 155 of 186 J6, Attachment 4 Packet Page Number 156 of 186 J6, Attachment 5Packet Page Number 157 of 186 J6, Attachment 6 Packet Page Number 158 of 186 Engineering Plan Review PROJECT: 2214 Woodlynn Avenue Wetland Buffer Variance Request PROJECT NO: 16-01 COMMENTS BY: Jon Jarosch, P.E. DATE: 1-25-2016 PLAN SET: Conceptual plans dated 11-30-2015 The applicant is proposing to construct a new single family home at 2214 Woodlynn Avenue East. Due to the proximity to a wetland located on the lot, the applicants are requesting a variance to the wetland buffer established by City ordinance. While the size of this project is below the threshold which would trigger the City’s stormwater quality standards; concerns have been raised by area residents in regards to the potential drainage impacts of the development of this lot. It is the opinion of the Engineering Department that the additional drainage generated by developing this site can be routed to minimize the potential for negative impacts to surrounding areas. Through the grading permit process, the applicant shall work with the Engineering Department to ensure that the amount and rate of runoff reaching the wetland after construction is equal to, or less than, the amount and rate prior to construction. The following are comments on the current design and act as conditions of approval. Final plans will need to be submitted and approved prior to the issuance of permits. 1)This project will require an approved grading and erosion control permit prior to any construction activities on the site. As noted above, the applicant shall work with the City’s Engineering Department, through the permitting process, to ensure runoff reaching the wetland is less than, or equal to, that reaching it prior to construction. This includes routing as much of the runoff, generated by the house, to the street as possible. This may include modifying the grading plan, installing rain gutters that capture roof runoff and direct it to the front of the house, etc. 2)Adjacent streets shall be swept as needed to keep the pavement clear of sediment and construction debris. 3)The total grading volume (cut/fill) shall be noted on the plans. 4)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. 5)The applicant shall satisfy the requirements of all other permitting agencies. Please provide copies of other required permits and approvals. - END COMMENTS - J6, Attachment 7 Packet Page Number 159 of 186 2214 Woodlynn Avenue East – Wetland Buffer Variance Comments 1.Mike Miller, 2221 Woodlynn Avenue East (e-mail): I live at 2221 Woodlynn Avenue, across the street from the proposed construction site. I have no objection to the request for a variance by the owners of the lot at 2214 Woodlynn. 2.Ken and Joy Hutchinson, 2212 Lydia Avenue (e-mail): We received a letter in the mail requesting our opinion on a proposal by Ryan and Sarah Buhl for new construction. Our home address is 2212 Lydia Avenue. Neither my husband nor I have any objections if the proposed construction improves the area which we live in or will not harm any wildlife that may hide on the site. 3.Charlotte Nelson, 2187 Woodlynn Avenue East (e-mail): I feel that the proposal by Ryan and Sarah Buhl to build on 2214 Woodlynn Avenue East, Maplewood should be approved. I realize the importance of wetlands but feel this distance is feasible. This property has been for sale for many years and not always kept in good condition (never mowed or weeded, for sale sign hanging haphazardly). A new home would be a plus. 4.Chuck Regal, 2206 Woodlynn Avenue East (e -mail): I ha ve owned and occupied the property next to 2214 (2206) for 32 years. Back then, development to the west, mainly 216 4, 2154, and 2144 caused excess water to flow past my property and nearly flood me out. Some modification helped but it was something the city was not watching too closely. The “Manage C” wetland was not designated in those years. In fact there was a cul-de -sac on the east side of the two properties (2214, 2224) that was designated to support maybe 5 houses (properties) on top of the now designated wetland. That all changed a few short years ago, thanks to me and the watchful eye and cooperation of the City Engineering Dep artment. The previous owner of those properties attempted to fill in the “Manage C” area without the proper permits and I stopped it. The City then took over and directed the grading you now see and actually enlarged the wetland to accommodate more volume (thank you). Two years ago that area filled up half way during the spring thaw. Back in 1986, during a two day summer rain, my back yard was completely flooded with water lapping up to my sliding glass doors. I think now you get my point that the “Manage C” wetland is prominent in the security and well-being of the property at 2206. My wish and request is that if you grant the variance to that wetland, you diligently and faithfully monitor its development to specifications to ensure it complies. Additionally, if there is some way (mechanism) to insure that accidental or incidental fill-ins cannot happen around its perimeter, now, and in the future, that would be a plus. May I make suggestions? I am not all that good reading survey plots but wondering about a couple of items: a.It appears that the building is not centered on the plot. Could that be changed? It would put the west side further away from the east side of my house. b.I see front stakes out there now. They don’t appear to be in line with the front of my garage (closest point to the blvd line). It would seem that the front setback is not as close to the front property line (blvd) as it could be. If that were possible, more space between the wetland and the back of the house could be realized. J6, Attachment 8 Packet Page Number 160 of 186 Even permission to be a few feet further towards the front would be a positive move; I would think (5 or 10ft??). c.Sometimes further development takes place after the initial building project is completed. My observation that a patio might be envisioned in front of the rear glass sliding doors at a later time and the dimensions or the construction process could encroach on the perimeter of the wetland. Could that be addressed? I am encouraged that the City has taken this pro-active interest in this project and preserving this wetland, not only for aesthetic and water control reasons but for an interest in protecting my property. I will miss sitting on my deck overlooking that vacant property but always knowing that someday it could be developed. I have met Mr. Buhl and wish him and his family well in their hopes for the project they are planning. Please feel free to contact me with any other questions or observations you may have on this matter. 5.Sam and Amanda Daley, 2245 Lydia Avenue (e-mail): We support allowing the variance for the property at 2214 Woodlynn Avenue East as long as they do not cut down any of the large, mature trees behind the house and also address any issues with other trees on the property. For example: Properly cut-down/treat infected trees (oak wilt, ash borer, Dutch elm disease, etc) and remove all invasive species (buckthorn, box elder, etc.). Thank you. 6.Richard and Marlene Zoya, 2223 Lydia Avenue East (e-mail): We live at 2223 L ydia Avenue East. The front of our home faces south and the land south of us is all uphill. On a number of occasions, when there has been a heavy rain, there has been a stream flowing along the west side of our home and across our back yard. This water leaves our property at the southeast corner of the 2214 Woodynn Avenue lot and then flows into the wetland area. Other than cleaning up the mess left behind by the water flow, this has never been a problem for us. However, the back of our lot is lower than the land to the south, east, and west. Runoff from much of the surrounding area also flows into this wetland. Our lot is fairly level from the back of our walkout home to the back of our property with a slightly greater elevation than that of the wetland. W e don't know what effects this proposed encroachment on the north side of the wetland may have on our property. Nor do we have any knowledge of what our rights of recovery would be for any negative effects that may result from this encroachment. However, we do know that what exists now has been working. 7.Julie Smendzuik-O’Brien, 3018 Furness Court (e-mail): My husband, D. William (Bill) O'Brien and I received your request for comment on the variance for the above named property. A few thoughts for consideration by the planning commission and City Council. a.History: My husband and I have resided in our home at 3018 Furness Court since January 1986. b.Former Lake: During our residence here we learned from neighbors immediately to our north, residing at 3024 Furness Court, that a lake once abutted their easternmost property line. This would be the line closest to the wetland of interest. The neighbors indicated that the lake receded from their property line 2 J6, Attachment 8 Packet Page Number 161 of 186 when the sewer was put in along McKnight Rd. They did not indicate when the sewer line went in. The home at 3024 was built I believe in 1971, but I don't know whether the lake was there at the time they built their home. The original owners at 3024 were Bob and Diane Dufresne, from whom we learned about the former lake. They were followed by a couple who lost the home due to foreclosure. The 3024 property is currently owned by Invitation Homes and is a rental property. I suspect that the wetland under consideration here is part of what remains of the "lake" that was much larger in the past. c. Rain Saturated Soil: In the years we have lived here, there was one severe storm during and after which there was standing water in the 3024 property back yard near the easternmost property line. There was no water in our yard at the time of that storm, however, most likely due to the more hilly terrain on our property. d. W ildlife Corridor: During spring, it is possible to hear frogs regularly from the wetland. From the central wooded part of our block (bordered by Furness Court, Woodlynn, Lydia and McKnight), several homes get regular visits from wildlife all year. The "visited" backyards known to me includes the backyards at 2184 Woodlynn, 3034 Furness Court, 3024 Furness Court, 3018 Furness Court, 3010 Furness Court, and 2177 Lydia. It also includes Furness Court itself. Other yards are likely visited by the wildlife as well but are unknown to me. At times, I have seen the deer herd with as many as 5 members. The turkey population varies from year to year; during 2014 there were three hens and their broods (about 8 young), during 2015 there were only two toms regularly visiting backyards, walking on rooftops, and nesting in the tall oaks which are numerous in the block. The proposed home, if approved, would likely be adjacent to this corridor. 8. Larry and Carol Case, 2219 Woodlynn Avenue East (mail): The City Council should refuse the applicant’s request to not only the wetland code, but the wildlife that is being destroyed and the damage to the environment - deer, turkey, pileated woodpecker, owl’s nest, fox, and numerous birds. No. 9. Shane and Louise Witwicke, 2175 Woodlynn Avenue East (mail): I have no problem as long as there is no environmental impact to the wetland. It looks like all their stormwater runoff will go right into the wetland. 10. Mary Armstrong, 2249 Woodlynn Avenue East (voicemail): I have no objections to the variance request. 11. Jolene Vitko, 2191 Woodlynn Avenue East (e -mail): I am the owner of the townhouse addressed as 2191 Woodlynn Ave. I have had an opportunity to review the information provided concerning the proposed construct of a single family dwelling located at 2214 Woodlynn Avenue. I have no objection to this project being approved by the City of Maplewood and the City Council. To raise objection now, after it appears initial information provided as to wetland intrusion, was either not correct or at best misleading, and is much belated. I am surmising that the Buhl family has invested considerable time plus financial and emotional capital in this project. Based on their written comments, it appears they will strive to be sensitive to the environment. Therefore, I believe they will make every attempt to be good stewards of the land should their home be built. 3 J6, Attachment 8 Packet Page Number 162 of 186 J6, Attachment 9 Packet Page Number 163 of 186 January 27, 2016 Environmental and Natural Resources Commission Meeting Minutes MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., W ednesday, January 27, 2016 Council Chambers, City Hall 1830 County Road B East (PARTIAL MINUTES) 1.CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:01 p.m. by Chair Trippler. 2.ROLL CALL Mollie Miller, Vice Chair Present Ann Palzer, Commissioner Present Ryan Ries, Commissioner Present Tom Sinn, Commissioner Present Dale Trippler, Chair Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner Ginny Gaynor, Natural Resources Coordinator 3.NEW BUSINESS a.2214 Woodlynn Avenue – Wetland Buffer Variance i.Environmental Planner, Shann Finwall gave the report. ii.Ryan and Sarah Buhl, 2214 Woodlynn Avenue addressed and answered questions of the commission. The Commission had the following questions/comments: •The commission discussed comments from the neighbors and the placement of the house on the site. •The commission discussed the grading of the site, the possibility of building a retaining wall, and the expense of building one. •The commission was concerned about the escrow fee that covers the cost of the wetland buffer restoration and if the property owners were in agreement with that fee. •The commission wanted to remove the requirement of shifting the house 14 feet to the east side of the lot to minimize impacts of the new home and wetland buffer variance to the existing single family house located at 2206 Woodlynn Avenue East. Commissioner Yingling moved to recommend approval of a wetland buffer variance to construct a new single family house at 2214 Woodlynn Avenue East with the condition that the requirement to sift the house 14 feet to the east side of the lot be removed as it does not impact the wetland. Seconded by Commissioner Ries. Ayes – All The motion passed. J6, Attachment 10 Packet Page Number 164 of 186 February 23, 2016 Planning Commission Meeting Minutes 1 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 23, 2016 7:00 P.M. (PARTIAL MINUTES) 1.CALL TO ORDER A meeting of the Commission was held in the City Hall Council Chambers and was called to order at 7:08 p.m. by Chairperson Arbuckle. 2.ROLL CALL Paul Arbuckle, Chairperson Present Frederick Dahm, Commissioner Absent Tushar Desai, Commissioner Present John Donofrio, Commissioner Present Allan Ige, Commissioner Present Bill Kempe, Commissioner Present Dale Trippler, Vice Chairperson Present Staff Present:Michael Martin, Economic Development Coordinator Daniela Lorenz, Planning Technician 3.PUBLIC HEARINGS 7:00 p.m. or later: Consider Approval of a Resolution Authorizing a Wetland Buffer Variance, 2214 Woodlynn Avenue i.Economic Development Coordinator, Michael Martin gave the report on Considering the Approval of a Resolution Authorizing a Wetland Buffer Variance, 2214 Woodlynn Avenue. ii.The applicants, Ryan and Sarah Buhl, 2214 Woodlynn Avenue, Maplewood, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. 1.Richard and Marlene Zoya, 2223 Lydia Avenue East, Maplewood, addressed the commission about the drainage. Mr. and Mrs. Zoya’s comments were emailed to staff and forwarded to the engineering department and included in the staff report in attachment 8. Chairperson Arbuckle closed the public hearing. Commissioner Trippler moved to approve the resolution authorizing a wetland buffer variance for 2214 Woodlynn Avenue East. Approval is based on the following reasons: (changes to the conditions are underlined and deletions are stricken.) 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: J6, Attachment 11 Packet Page Number 165 of 186 February 23, 2016 Planning Commission Meeting Minutes 2 1. Conditions outlined in Jon Jarosch’s January 25, 2016, Engineering Plan Review. 2. Prior to issuance of a grading permit for the new single family house the applicants must submit: a. A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b. A revised survey which shows the house shifted four feet to the north, toward the road. This will decrease the impacts to the wetland. c. A revised grading plan which shows the location of a retaining wall to be construction approximately 8 to 10 feet from the south side of the house, adjacent the wetland. This will create a flat yard area and reduce the amount of grading and impacts to the wetland. d. A revised survey which shows the location of the proposed deck on the first floor. The deck footings must not encroach past the proposed retaining wall located in the back yard. This will ensure no additional impacts to the wetland. e. A revised survey which shows the house shifted 14 feet to the east side of the lot if feasible. This will minimize impacts of the new single family house and wetland buffer variance to the existing single family house located at 2206 Woodlynn Avenue East. e. f. A wetland buffer restoration plan to the approved by City staff. This will improve the water quality of the wetland. f. g. An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 3. Prior to release of the escrow, the wetland buffer plantings must be established. Seconded by Commissioner Ayes - All The motion passed. Commissioner Kempe had a friendly amendment adding a new 2. g. that the applicant and builder work with staff regarding the feasibility of reversing the house. There was no second to the friendly amendment so it did not pass. This goes to the city council on March 14, 2016. J6, Attachment 11 Packet Page Number 166 of 186 VARIANCE RESOLUTION WHEREAS, Ryan and Sarah Buhl applied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 2411 Woodlynn Avenue East, Maplewood, MN. The property identification number is 02-29-22 -11 -0101. The legal description is the Westerly 94.98 Feet of Lots 18 and 19, Block 1, Netnorlin, Ramsey County, Minnesota. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a wetland buffer of 50 feet adjacent to Manage C wetlands. WHEREAS, the applicants are proposing to construct a single family house and grading for the house to within 20 feet of a Manage C wetland, requiring a 30 -foot wetland buffer variance. WHEREAS, the history of this variance is as follows: 1.On January 27, 2016, the Environmental and Natural Resources Commission reviewed the variance and recommended approval of the wetland buffer variance to the Planning Commission and City Council. 2.On February 23, 2016, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the city staff and Environmental and Natural Resources Commission. The Planning Commission recommended approval of the wetland buffer variance to the City Council. 3.The City Council held a public meeting on March 14, 2016, to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approved the above- described variance based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality and wildlife habitat of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. J6, Attachment 12 Packet Page Number 167 of 186 Approval of the wetland buffer variance shall be subject to the following: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will include the restoration of the remaining wetland buffer, which will improve the water quality of the wetland. 3.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the wetland buffer variance shall be subject to the following: 1. Conditions outlined in Jon Jarosch’s January 25, 2016, Engineering Plan Review. 2.Prior to issuance of a grading permit for the new single family house the applicants must submit: a.A tree plan which shows the location, size, and species of all significant trees located on the lot, and the trees that will be removed with the construction of the new single family house. Removal of significant trees with the construction of the single family house must comply with the City’s tree preservation ordinance and tree replacement requirements. b.A revised survey which shows the house shifted four feet to the north, toward the road. This will decrease the impacts to the wetland. c.A revised grading plan which shows the location of a retaining wall to be constructed approximately 8 to 10 feet from the south side of the house, adjacent the wetland. This will create a flat yard area and reduce the amount of grading and impacts to the wetland. d.A revised survey which shows the location of the proposed deck on the first floor. The deck footings must not encroach past the proposed retaining wall located in the back yard. This will ensure no additional impacts to the wetland. e.A wetland buffer restoration plan to be approved by City staff. This will improve the water quality of the wetland. f.An escrow to cover up to 150 percent of the cost of the wetland buffer restoration. 3.Prior to release of the escrow, the wetland buffer plantings must be established. The Maplewood City Council approved this resolution on March 14, 2016. 2 J6, Attachment 12 Packet Page Number 168 of 186 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Daniela Lorenz, Planning Technician Michael Martin, AICP, Economic Development Coordinator DATE: March 7, 2016 SUBJECT: Consider Approval of a Resolution Authorizing a Conditional Use Permit, Galilee Lutheran Church Community Garden, 1958 Rice Street Introduction Galilee Lutheran Church, located at 145 McCarrons Boulevard, is requesting approval of a conditional use permit (CUP) to create a community garden at 1958 Rice Street, the former Ziittel’s Greenhouse property. The request includes installing garden plots, each 16 by 20 feet, on 2.2 acres of the 13.31 acre site. The applicant estimates this will result in 200-240 available plots. The request also includes maintaining the 15 stall, gravel parking lot that is currently on the site. The property is owned by St. Paul Regional Water Services (SPRWS) but is currently vacant. Galilee Lutheran Church would be leasing the land until the utility needs the property. The proposed community garden is also a demonstration of the partnership between Galilee Lutheran Church, the cities of Roseville and Maplewood and neighborhood residents to provide an additional resource for the immediate area’s diverse population which includes many Hmong and Karen immigrants. Discussion Land Use and Site Plan City code does not specifically state community gardens as a use. But public services, educational uses, philanthropic uses, and churches are allowed in all zoning districts with a CUP. In 2009, under similar circumstances, the city allowed First Evangelical Free Church to create a garden at the Southwest Corner of County Road C and Hazelwood Street. The applicant is proposing to install 6 feet high fencing around the perimeter of the garden to deter deer and theft. The fencing used would be polypropylene deer fencing. There will also be a small shed and composting area in the center of the property to house tools and materials for the gardeners. Parking To handle parking, the applicant is requesting to maintain the legal, non-conforming 15 stall, gravel parking lot that currently exists on the property. The applicant discussed with other organizations that maintain community gardens and indicated to staff that 15 stalls should be more than enough. There are a few anticipated events that would result in an increased need for parking. The applicant indicates the extra parking needs could be J7 Packet Page Number 169 of 186 handled by using the adjacent McCarron’s Bar and Grill parking lot or Galilee Lutheran Church’s parking lot across Rice Street. There are also no specific parking guidelines for this type of use, but there is an existing parking lot on site and staff does not believe there will be a parking shortage for this use. As a condition of approval, staff would recommend the applicant be required to submit documentation confirming alternative parking arrangements are in place. Tree Preservation The applicant indicated that they would not be removing any trees from the property. Lighting The lighting on site will not change as a result of the addition. Environmental There is a Manage A wetland adjacent to the proposed project which requires a 100 foot buffer according to city code. The applicant’s plans indicate the fencing and planting will happen outside the 100 foot wetland barrier. The applicants has also indicated they will be placing hay bales along the perimeter near the wetland to catch storm water run-off. The garden will also have and enforce a rule prohibiting the use of chemical fertilizers and pesticides on the plots in order to protect the area from potentially harmful run-off. Water Services Initially, a series of hoses will be used to water the plots with the intention of eventually installing underground piping. The community garden site will be served by the water from the McCarron’s Pub and Grill’s well and will have access to a spigot located on the eastern side of McCarron’s property. Currently, McCarron’s is not connected to the city’s water supply but they anticipate being connected by April 2016. Department Comments Building Department Nick Carver, building official – A building permit and a structural engineer’s report must be obtained before constructing the proposed fence. Fire Department Butch Gervais, fire marshal – No comments Police Department Paul Schnell, police chief – No comments Engineering Department Jon Jarosch, City Engineer—applicant must obtain a grading permit before any disturbances take place on site. J7 Packet Page Number 170 of 186 Environmental Review See Shann Finwall’s staff report attached to this report. Commission Actions Environment and Natural Resources Commission On January 27, 2016, the Environmental and Natural Resources Commission reviewed the plans and CUP request for this project and recommended approval. Planning Commission On February 23, 2016, the planning commission held a public hearing, reviewed the plans and recommended approval of the conditional use permit. Recommendation Approve the applicant’s plans for the proposed community garden and legal, non- conforming parking lot at 1958 Rice Street. Approval is subject to the following conditions: 1. The proposed use must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 2. The city council shall review this permit in one year. Staff may approve minor changes. 3. Applicant shall obtain a grading permit from the city’s public works department before any disturbances take place on site. 4. Applicant shall enter a shared parking agreement with McCarron’s Pub and Grill to accommodate overflow parking needs for various events. 5. Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated January 15, 2016. 6. Applicant shall obtain a building permit and structural engineer’s report before constructing a fence that is 7 feet tall or higher along the perimeter of the gardened area. 7. The existing, legal non-conforming parking lot may not be altered or expanded without gaining the required city approvals. J7 Packet Page Number 171 of 186 Citizen Comments Staff surveyed the 29 property owners within 500 feet of this site for their comments. There were 3 replies, all in favor of the project. Ron Peterson, Galilee Lutheran Church- 145 McCarrons Blvd N, St. Paul, MN Galilee fully supports this CUP. We are very excited about the value of this community garden, this is a big challenge for our small church, but we have a lot of people and organization behind us. Amy O’Donnell L-Z Truck Equipment, 1881 Rice Street, Roseville, MN I wish them nothing but the best on their project. I hope it is approved and they are blessed with green thumbs! Steve Schneider, St. Paul Regional Water Services, 1900 Rice Street, St. Paul, MN On behalf of the Board of Water Commissioners, I would like to submit the following comments on the requested CUP at 1958 North Rice Street. As the owners of the property, our lease agreement with the church will allow us to cancel the agreement and use the property for SPRWS needs should we deem it necessary to do so. We are glad we can work with Galilee Lutheran Church to provide this opportunity for the community through the provision of the community gardens. Reference Information Site Description Site size: 13.31 acres Existing land use: Vacant Property, owned by St. Paul Regional Water Services Surrounding Land Uses North: McCarron’s Pub and Grill South: Carhop Automobile Sales and Finance West: Rice Street/Galilee Lutheran Church East: Soo Line Railroad Planning Land Use Plan designation: C (commercial) Zoning: BC (business commercial) Application Date The application for this request was considered complete on January 15, 2016. State law requires that the city decide on these applications within 60 days. The deadline for city council action on this proposal is March 15, 2016. J7 Packet Page Number 172 of 186 Attachments 1.Location Map 2.Proposed Site Plan 3.Applicant’s Letter, December 28, 2015 4.Environmental Report, Shann Finwall, January 15, 2016 5.Draft Planning Commission Minutes, February 23, 2016 6.Conditional Use Permit Resolution J7 Packet Page Number 173 of 186 1958 Rice Street- Community Garden Conditional Use Permit- Overview Map J7, Attachment 1 Packet Page Number 174 of 186 J7, Attachment 2Packet Page Number 175 of 186 2. 3. 4. 5. 6. 7. Our project will require no new sewer or water sources. We intend fo use the well water from the McCarrons Pub and Grill. PROCEDURE Return this application and all required materials to the Environmental and Economic Development Department. The department staff will review the application to ensure all required information is received and notify you of additional items which may be required. The Director will schedule a public hearing with the Planning Commission and a meeting with the Community Design Review Board after preparing a report and recommendation. The Commission and Board will make recommendations to the City Council. The Director will schedule a meeting with the City Council. The Council will then make a decision. Maplewood's review and City Council action about your application(s), once the City considers your application(s) complete, typically takes up to 60 days. City statf will notify you of all meetings. ATTACHMENT A STATEMENT OF INTENDED USE AND WHY CITY SHOULD APPROVE. DISCUSSION OF CRITERIA FOR APPROVAL OF A CONDITIONAL USE PERMIT lntended Use and Why City Should Approve: The community garden we plan for the SPRt/yS site will seve about 150 families in the Maplewood, Roseville, and Sf. Paul areas. The garden will have many benefits, providing not only food for the gardeners but new fiendships among peopte from a wide variety of backgrounds. Many police departments recognize community gardening as an effective community crime prevention strategy. VWtnin btocks of tiis property there are many apaftment buildings with a diverse population including Hmong and Karen immigrants. Many of these people were subsistence farmers who now have very limitect access fo /and. ihis sife historicatly was Zittel's Greenhouse, so rT seems appropriate to garden there until the Water Board has a defined use for the propefiy. The City Council may approve, amend or deny a conditional use permit application, based on the followin! standards for approval, in addition to any standards for a specific conditional use found in the zoning ordinance: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and Code of Ordinances' The comprehensive plan shows this area as "buslness/commercial" so our garden will require a Conditionat Use Permit. The garden witl be temporary untilthe SPRI4/S chooses fo use the land. J7, Attachment 3 Packet Page Number 176 of 186 2. 3. 4. 5. The use would not change the existing or planned character of the surrounding area. Our garden will be set 160 feet back frcm Rice Sfreef and 50 feet from Roselawn Avenue. lt should be rather pleasant to look at. lt will not change the existing character of the surrounding area. The use would not depreciate property values. We see no reason why it should affect property values in any way. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing, or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage water run-off, vibration, general unsightliness, electrical interference or other nuisances. Our garden should greatly improve the appearance and value of this land. lt is currently ovem)n with tallweeds and people have been dumping oil and other materials on the site. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. We don't expect more than 10 cars using the nearby parking lots at any normaltime. We may hold occasional events for sping planting and fall harvest when parking would be at Cub, McCanons Pub and Grill and Galilee Lutheran Church. The garden will have virtually no effect on the usually very busy Rice Street. Many participants, recent immigrants, will be walking to the site from apartments on near Rice Sf. & Laryenteur Avenue. The agreement with users will require them to use crossrng intersections with stoplights. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer Systems, schools and parks. Water would be provided through the well at McCarrons Pub and Grill, who will provide a spigot for the garden. We hope to connect water initially through a senes of hoses and later with underground piping. A representative of Roseville Schoo/s has sard this garden will be a maior plus to the community. A composting sysfem will be established to replenish the soil. The use would not create excessive additional costs for public facilities or services. It witl not create any additional cosfs for public facilities or seruices. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. As mentioned, the garden would be tocated away from the road and won't change the basic naturaltenain in any way. Families working on productive gardens would replace $-foot weeds. Natural and scenic features will be part of the development design. The use would cause minimal adverse environmental effects. The site abuts a Manage A Wetland, and our plans include a 100-foot setback from that arca, which is the required safety distance. We will include hay bales along the path to the neahy pond. We don't intend to add any unnatural chemicats to the land, and our use should not mateially affect runoff. lt witl actuatly maximize the preseruation of the nearby iparian zone. Ihis use will not involve any activity, process, mateials, equipment or methods of operation that would be dangerous, 6. 7. 9. 8. J7, Attachment 3 Packet Page Number 177 of 186 hazardous, detrimental, disturbing, or cause a nuisance to any person, property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution. 10. The City Council may waive any of the above requirements for a public building or utility structure, provided the Council shall first make a determination that the balancing of public interest between governmental units of the state would be best served by such waiver. lf you are applying for a planned unit development and there are deviations from City code, please include written justification for each deviation based on the following findings required by code for approval: 1. Certain regulations contained in this chapter should not apply to the proposed development because of its unique nature. 2. The PUD would be consistent with the purposes of this chapter. 3. The planned unit development would produce a development of equal or superior quality to that which would result from strict adherence to the provisions of this chapter. 4. The deviations would not constitute a significant threat to the property values, safety, health or general welfare of the owners or occupants of nearby land. 5. The deviations are required for reasonable and practicable physicaldevelopment and are not required solely for financial reasons. Ih,s is not a planned unit development and there are no deviations from City code. ATTACHMENT B PROJECT PLANS FOR RICE STREET COMMUNITY GARDEN Overview: This attachment includes the following information: 1. Top view of the site with garden plots, fencing, shed, and parking locations shown. Z. Our tentative project schedule up through the first planting and our budget 3. Our plans to provide water 4. Our iesponse to the seven specific issues raised by the Maplewood Environmental and Natural Resources and Planning Commissions. 1. ToI view of qite. See the drawing on the next page. Here are some key things to notice: a. Two close neighbors, McCirrons Pub and Grill and Galilee Lutheran Church (across Rice Street) are very supportive of the community garden project. McCarrons Pub will allow us to connect to their existing wellwater suPPIY. b. Plans are to fence in the entire area (see discussion below). c. We have set the garden boundary the required 100 feet from the protected wetland. d. The garden plots indicated in the drawing are approximate, and the final design will depend on discussion with the users. About 160 plots are estimated' e. We will site a tool shed (small Home Depot type) and a composting area near the center of the garden area.t. lfre parking area for 15 cars shown on the drawing is in an area previously used by former owners Zittel's Greenhouse. This is an ideal drive in area that would be near a gate through the fence. This is also discussed in more detail below. J7, Attachment 3 Packet Page Number 178 of 186 2.Oqr tentaliveproiest schedule ujc through the-first plqnting and_qur budgqt A draft project schedule has been developed and is available on line at: https;//appsmart_sheel.com/b&ubliqh?EQBCT=78_a3q844001f46138dad-2f 52sffi qff b0 We are following suggestions from the Gardening Matters Start Up Guide: http:1/www. galde n! pgm attels,ol&/s rlesld efa u ltll!! eslbta tu pgu ide,pdf Here is our current draft project budget plan as oI 1217115. We have not yet sent out requests for grants or gift funding but expect new support will come this spring. Line ltems lst Vear 2nd Year 3rd Vear Revenue/lncome Galilee Garden Fund Startup 8000 User Fees (100xS20)2000 2000 2000 Grants/Gifts 1000 1000 1000 Balance from previous year0 1837 3187 Totdl lncome 11000 4837 6187 Expenses/Costs Required** Water hoses (800ftxS0.3/ft)250 100 Other water items 250 Wooden Plot stakes 150 x 4 x Sl.20 720 100 L00 Hay bales 100 x 55.50 650 Plot lD tags 50 50 50 Hay bales 100 x 56.50 650 Flyers and handout materials 200 Wheel barrows*200 Shovels*0Rakes*0Website 300 100 100 Conditional Use Permit & recording fee 1693 Deer Fencing 3000 Tool Sheds 1000 Miscellaneous 200 400 400 Nice to Have Underground plumbing 1000 Total Expense 9163 1650 750 NET INCOME (lncome-ExPense)1837 3187 5437 Our plans to provide water We intend to use water provided by McCarrons Pub and Grill, who expect to be connect to city water by April 2016. They will then let our garden use an outdoors spigot on the east side of their building. We will connect an array of hoses to reach all areas of the garden. The hose supplies may be augmented by barrels elther near the McCarrons Pub or in the garden that will be kept full. We have contacted a water supply company who will assess our plans to see if they are adequate or if additional pumping will be needed to maintain pressure during high use periods. J7, Attachment 3 Packet Page Number 179 of 186 4. Our response to the seven specific issues raised by the Maplewood Environmental and Natural Resources and Planning CoBmissions. a. Fencing - (To be installed to deter deer & thefts) We will need about 1 100 feet of fencing about 8 feet tall to discourage deer. This would be along the north and east sides. We have been told that the SPRWS plans to build a fence and locked gate along the west side and there already is one along Roselawn (south side). Metal deer fencing, coated black to reduce vlsibility costs about $1100 for 300 feet. This would be ideal, but is too expensive for our temporary garden. Polypropylene mesh deer fencing is much less expensive, about $2000 for our entire garden and is available from Home Depot. This fencing would be nearly invisible from the roads. We would install the fence in the April to June time frame. b. Crossing Rice We expect the community garden to be used by many people walking from nearby apartments or from those near Rice and Larpenteur. Our garden rules (to be developed) will include instructions requiring gardeners to use the signaled crosswalk at Rice and Roselawn or other signaled crosswalks. c. Well water quality The Maplewood Environmental Commission asked if the water to be used might contaminate the soil. McCarrons Pub is still using their well water until they get hooked up to city water in April 2016. So we know that the water is safe for the garden. d. Garden impact on adiacent wetland The Gardening Rules document (to be developed) will forbid the use of synthetic fertilizers or pesticides. We will use organic gardening methods such as compost to enhance soil quality. Soil testing throughout the area has shown the soil already has acceptable levels of nitrogen and other nutrients. e. Storm water runoff The land is fairly level so we expect little runoff toward the protected area. ln addition, we agree to install hay bales along the perimeter near the protected wetland area. f . Tree removal We plan no tree removal. The garden will only be in areas currently without tree cover. g. Parking For many years Kittel's Greenhouse had used the gravel area where we hope to park cars (as shown on the site drawing) with no hard surface. We would hope that the Maplewood City Council would allow us to continue to use this area as it currently exists. Based on what we have learned by speaking with other community gardens, we anticipate that 15 parking spots should be adequate parking as most gardeners tend to show up at various times during the day. Gardeners will be required to use alternate lots if more than 15 spaces are needed. A few special events might draw many cars (spring planting day, harvest day, work days, etc.). For these occasions, parking can be handled at the McCarrons Pub and Grill and/or at Gatitee Lutheran Church. For these events we will have parking attendants present to ensure people safely cross Rice Street. Revised:12l14 P\com-dvpt\word\conditional use or pud application 2015 J7, Attachment 3 Packet Page Number 180 of 186 Environmental Review Project: Galilee Lutheran Church Community Garden Date of Plans: December 28, 2015 Date of Review: Location: Reviewer: January 15, 2016 1958 Rice Street (former Ziittel’s Greenhouse property) Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@ci.maplewood.mn.us Background Project Background – Galilee Lutheran Church, located at 145 North McCarrons Boulevard in Roseville, is proposing a community garden in the vacant property located at 1958 Rice Street. The property is owned by St. Paul Regional Water Services. The Church will lease the property and construct a community garden to serve about 150 families in the area. Environmental Issues - There is a Manage A wetland and significant trees located on the property. The community garden must comply with the City’s wetland and tree preservation ordinances. The addition of a community garden in this neighborhood will assist with the promotion of urban agriculture and access to local food. Discussion 1.Wetland: The wetland ordinance requires a 100-foot buffer for a Manage A wetland. No building, grading, or stormwater structures can be located within the buffer. Wetland Impacts: The community garden construction and activities will take place outside of the wetland buffer. Wetland Recommendations: To ensure no impacts to the wetland and wetland buffer, the applicants should maintain stormwater best practices as needed and required in the City’s grading permit process. 2.Trees: Maplewood’s tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. The ordinance requires any significant tree removed to be replaced based on a tree mitigation calculation. The calculation takes into account the size of a tree and bases replacement on that size. Tree Impacts: The applicants state that no significant trees will be removed with the construction of the community garden. J7, Attachment 4 Packet Page Number 181 of 186 Tree Recommendations: The significant trees will be protected from community garden construction and daily gardening impacts with the installation of the proposed fencing around the community garden. 3.Urban Agriculture: One of the Environmental and Natural Resources goals is the promotion of urban agriculture and access to local foods. Last year the Commission began a study of the City’s ordinances and policies to make recommendations that will remove barriers and promote urban agriculture, while ensuring no negative impacts to surrounding properties. The recommendations will go before the Planning Commission and City Council for review once complete. Urban Agriculture Issues: The Galilee Lutheran Church Community Garden proposal represents one of the barriers in the City’s zoning code to urban agriculture. The barriers include the lack of clear language in the City’s zoning code that specifically permits a community garden, and the cost of a conditional use permit and hard surface parking requirements which can prove prohibitive to a non-profit organization proposing a community garden. Urban Agriculture Recommendations: The City should continue to work towards removing barriers to urban agriculture and local foods. J7, Attachment 4 Packet Page Number 182 of 186 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, FEBRUARY 23, 2016 7:00 P.M. 5.PUBLIC HEARING b.7:00 p.m. or later: Consider Approval of a Conditional Use Permit Resolution, Galilee Lutheran Church Community Garden, 1958 Rice Street i.Planning Technician, Daniela Lorenz gave the report on the Approval of a Conditional Use Permit Resolution for Galilee Lutheran Church Community Garden, 1958 Rice Street and answered questions of the commission. ii.Economic Development Coordinator, Michael Martin answered questions of the commission. iii.Ron Peterson, Galilee Lutheran Church, 145 McCarrons Blvd N., St. Paul, addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. Nobody came forward to address the commission. Chairperson Arbuckle closed the public hearing. Commissioner Trippler moved to approve the applicant’s plans for the proposed community garden and legal, non-conforming parking lot at 1958 Rice Street. Approval is subject to the following conditions: (changes to the conditions are underlined deletions are stricken.) 1.The proposed use must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 2.The city council shall review this permit in one year. Staff may approve minor changes. 3.Applicant shall obtain a grading permit from the city’s public works department before any disturbances take place on site. 4.Applicant shall enter a shared parking agreement with McCarron’s Pub and Grill to accommodate overflow parking needs for various events. 5.Satisfy the requirement set forth in the staff report authored by environmental planner, Shann Finwall, dated January 15, 2016. 6.Applicant shall obtain a building permit and structural engineer’s report before constructing the a proposed fence 7 feet or taller along the perimeter of the gardened area. J7, Attachment 5 Packet Page Number 183 of 186 7.The existing, legal non-conforming parking lot may not be altered or expanded without gaining the required city approvals. Seconded by Commissioner Ige. Ayes - All The motion passed. This item goes to the city council on March 14, 2016. J7, Attachment 5 Packet Page Number 184 of 186 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Galilee Lutheran Church, has applied for a conditional use permit for a community garden and use of a legal, non-conforming parking lot in a business commercial (BC) zoning district. WHEREAS, Sections 44-1092 of the city ordinances requires a conditional use permit for a public use in a BC (business commercial) district. WHEREAS, this permit applies to the property located at 1958 Rice Street. The property’s legal description is: Subj To Drainage Esmt And Sth 49/126; Ex The N 44 Ft Of S 675 Ft Of W 142 Ft Os Sw 1/4 Of Nw 1/4 And Ex N 158 Ft Of S 631 Ft Of W 152 Ft Of Sw 1/4 Of Nw 1/4 And Ex S 158 Ft Of W 150 Ft Of Sw 1/4 Of Nw 1/4; The S 675 Ft Lying Wly Of Soo Line Ry R/w Of The Sw 1/4 Of Nw 1/4 Sec 18 Tn 29 Rn 22 WHEREAS, the history of this conditional use permit is as follows: 1.On February 23, 2016, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council ______ this permit. 2.On March 14, 2016, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council _________ the above-described conditional use permit, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. J7, Attachment 6 Packet Page Number 185 of 186 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.The proposed use must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 2.The city council shall review this permit in one year. Staff may approve minor changes. 3.Applicant shall obtain a grading permit from the city’s public works department before any disturbances take place on site. 4.Applicant shall enter a shared parking agreement with McCarron’s Pub and Grill to accommodate overflow parking needs for various events. 5.Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated January 15, 2016. 6.Applicant shall obtain a building permit and structural engineer’s report before constructing a fence that is 7 feet tall or higher along the perimeter of the gardened area. 7.The existing, legal non-conforming parking lot may not be altered or expanded without gaining the required city approvals. The Maplewood City Council _________ this resolution on March 14, 2016 J7, Attachment 6 Packet Page Number 186 of 186