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2016 11-28 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 28, 2016 City Hall, Council Chambers Meeting No. 22-16 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 the November 14, 2016 City Council Workshop Minutes 2. Approval of the November 14, 2016 City Council Meeting Minues F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Approval of Resolution of Appreciation for Chris Soutter, Naturalist, for 30 Years of Service with the City of Maplewood 4. Presentation by Roseville Area Schools Superintendent Aldo Sicoli 5. Update on Rush Line Corridor Transitway Pre-Project Development Study Tier 2 Analysis and Public Outreach Efforts, Project 15-06 G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of a Temporary Lawful Gambling – Local Permit for the Hill Murray High School 3. Approval of Local Planning Assistance Grant Agreement with the Metropolitan Council for the City’s 2040 Comprehensive Plan Update 4. Approval of a Conditional Use Permit Review, Used-Car Sales at Maplewood Office Park, 1705 Cope Avenue 5. Approval of a Conditional Use Permit Review, U-Haul, 2250 White Bear Avenue 6. Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000 White Bear Avenue 7. Approval of a Conditional Use Permit Review, St. Paul Hmong Alliance Church, 1770 McMenemy Street 8. Approval of a Conditional Use Permit Review, Maplewood Auto Mall, 2529 White Bear Avenue 9. Approval of Resolution Authorizing Final Financing Plan, Highway 36/English Street Interchange Improvements, Project 09-08 H. PUBLIC HEARINGS 1. Consider Approval of an Ordinance Amending Chapter 6, Article II Regulating 3.2 Percent Malt Liquors and Article III Regulating Intoxicating Liquors – First Reading I. UNFINISHED BUSINESS 1. Consider Approval of an Ordinance Amending Chapter 10, Article III Dogs and Article IV Cats – Second Reading and Summary of Ordinance for Publication 2. Consider Approval of Resolution Supporting the Refined Alignment for the Gateway “Gold Line” Corridor, Project 14-05 J. NEW BUSINESS 1. Consider Approval of the Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue a. Preliminary Plat b. Conditional Use Permit Resolution c. Design Review d. Parking Waiver 2. Consider Approval of a Building Expansion for Metro Heating and Cooling, 2303 Atlantic Street North a. Conditional Use Permit Resolution b. Design Review 3. Consider Approval of New Buildings at Maple Ridge Shopping Center, 2515 White Bear Avenue a. Design Review b. Comprehensive Sign Plan Amendment 4. Consider Approval of Early Retirement Incentive Plan K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. M. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR 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 members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 November 14, 2016 City Council Workshop Minutes 1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 P.M. Monday, November 14, 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 5:03 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-Arrived at 5:55 p.m. C. APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Commissioner Interviews City Manager Coleman gave the staff report. The following were interviewed for commission positions as indicated: Melissa Peck Environmental & Natural Resources Commission Parks & Recreation Commission Kimii Porter Parks & Recreation Commission Ted Redmond Environmental & Natural Resources Commission 2. Saint Paul Area Chamber of Commerce Business Engagement Training Economic Development Coordinator Martin introduced the report. Mike Cramer, President/CEO of the St. Paul Area Chamber of Commerce addressed the council to give the presentation on the Maplewood Business Retention and Expansion Program and answer questions of the council. Mark Jenkins, Housing & Economic Development Commissioner addressed the council and asked additional questions about the Maplewood Business Retention and Expansion Program. Packet Page Number 1 of 273 E1 November 14, 2016 City Council Workshop Minutes 2 3. Review of 2017 Budget, Capital Improvement Plan and Financial Management Plan City Manager Coleman introduced the staff report. Finance Director Paulseth gave the staff report and answered questions of the council. City Manager Coleman and Public Works Director Thompson answered additional questions of the council. F. ADJOURNMENT Mayor Slawik adjourned the meeting at 7:00 p.m. Packet Page Number 2 of 273 E2 November 14, 2016 1 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 14, 2016 City Hall, Council Chambers Meeting No. 21-16 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:05 p.m. by Mayor Slawik. Mayor Slawik reported on Veteran’s Day and the ceremony that was held in the City of Oakdale. She then thanked Veterans for their years of service. 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 item was tabled: F3 Presentation by Roseville Area Schools Superintendent Aldo Sicoli The following item was moved to be heard after the Consent Agenda items: J1 Consider Approval of Penalties for Tobacco Compliance Failures The following items were added to Appointments and Presentations under Council Presentations: Elections Dispatch Policy Committee Heritage Preservation Commission Gateway Corridor Commission Use of Force Workgroup Rush Line Update Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Abrams Ayes – All The motion passed. E. APPROVAL OF MINUTES Packet Page Number 3 of 273 E2 November 14, 2016 2 City Council Meeting Minutes 1. Approval of October 24, 2016 City Council Meeting Minutes Councilmember Xiong moved to approve the October 24, 2016 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – Mayor Slawik, Council Members Juenemann and Xiong Abstain – Council Members Abrams and Smith The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar. b. Report on the 2016 Federal Election Citizen Services Director/City Clerk Haag gave the staff report and answered questions of the council. 2. Council Presentations Elections Councilmember Juenemann thanked the city staff and election judges for conducting a successful election cycle. Dispatch Policy Councilmember Juenemann reported on the Dispatch Policy Meeting she attended. Heritage Preservation Commission Update Councilmember Xiong reported on the Heritage Preservation Commission Meeting he attended last week. He then reported on items that will be discussed at the December 8, 2016 meeting. Gateway Corridor Commission Councilmember Smith gave an update on the Gateway Corridor Commission. Use of Force Workgroup Councilmember Smith reported on the Use of Force Workgroup meetings he has attended. Packet Page Number 4 of 273 E2 November 14, 2016 3 City Council Meeting Minutes Rush Line Update Mayor Slawik gave an update on the Rush Line Project. Public Works Director Thompson gave additional information on the Rush Line Project and answered questions of the council. 3. Presentation by Roseville Area Schools Superintendent Aldo Sicoli This item was tabled. 4. Approval of Resolution for Commission and Board Appointments City Manager Coleman gave the staff report. Councilmember Abrams moved approval of the resolution appointing candidates to the Environmental & Natural Resources Commission and the Parks & Recreation Commission. Resolution 16-11-1391 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Environmental & Natural Resources Commission Ted Redmond Term expires September 30, 2019 Parks & Recreation Commission Kimii Porter Term expire April 30, 2019 Melissa Peck Term expire April 30, 2019 Seconded by Councilmember Juenemann Ayes – All The motion passed. G. CONSENT AGENDA Councilmember Juenemann moved to approve agenda items G1-G11. Seconded by Councilmember Abrams Ayes – All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the approval of claims. ACCOUNTS PAYABLE: Packet Page Number 5 of 273 E2 November 14, 2016 4 City Council Meeting Minutes $ 497,314.57 Checks #98188 thru #98247 dated 10/25/16 $ 1,171,778.67 Disbursements via debits to checking account dated 10/17/16 thru 10/21/16 $ 312,765.70 Checks # 98248 thru # 98286 dated 10/25/16 thru 11/01/16 $ 533,871.76 Disbursements via debits to checking account dated 10/24/16 thru10/28/16 $ 88,304.54 Checks #98287 thru # 98321 dated 11/01/16 thru 11/08/16 $ 313,806.63 Disbursements via debits to checking account dated 10/31/16 thru 11/04/16 $ 2,917,841.87 Total Accounts Payable PAYROLL $ 536,157.62 Payroll Checks and Direct Deposits dated 10/21/16 $ 1,886.98 Payroll Deduction check # 99102390 thru # 99102393 dated 10/21/16 $ 636,020.20 Payroll Checks and Direct Deposits dated 11/04/16 $ 1,411.53 Payroll Deduction check # 99102415 thru #99102417 dated 11/04/16 $ 1,175,476.33 Total Payroll $ 4,093,318.20 GRAND TOTAL Seconded by Councilmember Abrams Ayes – All The motion passed. 2. Approval of a Temporary Lawful Gambling – Local Permit for the Church of the Presentation of the Blessed Virgin Mary Councilmember Juenemann moved the Temporary Lawful Gambling – Local Permit for the Church of the Presentation of the Blessed Virgin Mary’s Turkey Bingo on November 19, 2016. Seconded by Councilmember Abrams Ayes – All The motion passed. Packet Page Number 6 of 273 E2 November 14, 2016 5 City Council Meeting Minutes 3. Approval of Resolution Adopting 2017 Environmental and Economic Development Department Fees Councilmember Juenemann moved approval of the resolution setting the 2017 Building Permit Fees and the 2017 Environmental and Economic Development Fees. Resolution 16-11-1392 ENVIRONMENTAL AND ECONOMIC DEVELOPMENT FEES WHEREAS, the Maplewood City Council has performed their annual evaluation of the fees charged by the Ccity for building permits, planning reviews and restaurant inspections; WHEREAS, the Maplewood City Council hereby sets the Environmental and Economic Development Fees for building, planning and health related fees as outlined on the fee chart entitled 2017 Environmental and Economic Development Fees; NOW, THEREFORE BE IT RESOLVED, that the City of Maplewood adopt the above mentioned 2017 fee amounts. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Approval of Resolution to Certify Special Assessments Councilmember Juenemann moved approval of the resolution to certify delinquent accounts, in the amount of $38,795.75 for trash bills, $8,722.98 for ambulance bills, and $6,113.41 for miscellaneous charges, including interest at the rate of 10%, to the County for collection on property taxes. Resolution 16-11-1393 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent accounts, totaling $53,632.14, for collection with the customers property taxes payable in 2017, including interest at the rate of ten percent (10%) on the total amount for one year. Delinquent ambulance bills $8,722.98 Delinquent trash collection bills $38,795.75 Delinquent miscellaneous bills $6,113.41 Seconded by Councilmember Abrams Ayes – All The motion passed. 5. Approval of 2016 Interfund Transfers Councilmember Juenemann moved approval of the transfer of $250,000 from the CIP Fund 405 to the English/36 Project Fund 595 and direct the Finance Director to make the entries necessary to complete the transactions. Packet Page Number 7 of 273 E2 November 14, 2016 6 City Council Meeting Minutes Seconded by Councilmember Abrams Ayes – All The motion passed. 6. Approval of Agreement for Actuarial Consulting Services Councilmember Juenemann moved to enter into an Agreement with Hildi, Inc. to perform actuarial services in the amount of $3,000 in 2017 and not to exceed $1,000 in 2018. Seconded by Councilmember Abrams Ayes – All The motion passed. 7. Approval of Annual Maplewood Historical Society Payment Councilmember Juenemann moved the annual payment to the Maplewood Historical Society in the amount of $2,000. Seconded by Councilmember Abrams Ayes – All The motion passed. 8. Approval of Resolution Accepting Donation to Maplewood Nature Center Councilmember Juenemann moved the resolution accepting the memorial donation of $300 to the Maplewood Nature Center in remembrance of Sawyer Woods. Resolution 16-11-1394 ACCEPTANCE OF DONATION WHEREAS the City of Maplewood and the Parks and Recreation Department has received a donation of $300 in remembrance of Sawyer Woods; NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the City of Maplewood, Parks and Recreation Department, to accept this donation. Seconded by Councilmember Abrams Ayes – All The motion passed. 9. Approval of Resolution Adopting 2017 Assessment Rates, Public Works Permit Fees and Park Availability Charges Councilmember Juenemann moved the Resolution for Adoption of the 2017 Assessment Rates, Public Works Permit Fees, and Park Availability Charges. Resolution 16-11-1395 ADOPTION OF THE 2017 ASSESSMENT RATES, PUBLIC WORKS PERMIT FEES, AND PARK AVAILABILITY CHARGES Packet Page Number 8 of 273 E2 November 14, 2016 7 City Council Meeting Minutes WHEREAS, the City of Maplewood has established assessment rates, permit fees, and park availability charges, and WHEREAS, city staff has reviewed the assessment rates, permit fees, and park availability charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The proposed maximum assessment and improvement rates hereby attached shall become effective beginning January 1, 2017. Furthermore the special assessment rates shall be officially established through a benefit appraisal analysis. 2. The public works fees are approved for all related permit applications received on or after January 1, 2017. 3. The park availability charge shall be effective beginning January 1, 2017. 4. The rates attached will be reviewed by staff on an annual basis with recommendations for revision brought to the City Council for consideration. Seconded by Councilmember Abrams Ayes – All The motion passed. 10. Approval of Purchase of Two Half-Ton Trucks, Public Works Department Councilmember Juenemann moved to approve the purchase of the two half-ton GMC Sierra trucks and direct the Mayor and City Manager to enter into a contract with Nelson Auto Center for these purchases under MN State Contract #70288 in an amount totaling $50,277.14. Seconded by Councilmember Abrams Ayes – All The motion passed. 11. Approval to Cancel the Second Regularly Scheduled Council Meeting in December 2016 Councilmember Juenemann moved to approve cancellation of the December 26, 2016 City Council meeting. Seconded by Councilmember Abrams Ayes – All The motion passed. Agenda item J1 was moved to be heard after the consent agenda items. H. PUBLIC HEARINGS Packet Page Number 9 of 273 E2 November 14, 2016 8 City Council Meeting Minutes 1. Consider Approval of an Ordinance Amending Chapter 10, Article III Dogs and Article IV Cats – First Reading Deputy Clerk Schmidt gave the staff report and answered questions of the council. Police Chief Schnell answered additional questions of the council. Mayor Slawik opened the public hearing. No one spoke. Mayor Slawik closed the public hearing. Councilmember Juenemann moved to approve the first reading of the proposed amendments to Chapter 10, Article III Cats and Article IV Dogs and impose a $100 fee for dangerous/potentially dangerous appeals and the fee to be refunded if the owner prevails. Seconded by Councilmember Xiong Ayes – All The motion passed. I. UNFINISHED BUSINESS 1. Update on Police Department’s Body Camera Policy a. Body Worn Camera Discussion b. Use of Force Work Group Body Worn Camera Policy Review c. Key Elements of the Body Worn Camera Policy Police Chief Schnell gave the staff report, gave a demonstration of a body worn camera, and answered questions of the council. Sylvia Neblett and Sarah Lilja addressed the council to give additional information about the Police Department’s Body Camera Policy Workgroup and answered questions of the council. This agenda item was informational only; no action was taken by the council. J. NEW BUSINESS Item J1 was heard after the consent agenda items. 1. Consider Approval of Penalties for Tobacco Compliance Failures Citizen Services Director Haag gave the staff report and answered questions of the council. The following owners/managers addressed the council to give additional information and answer questions of the council: Brian Grubbs, Freedom Valu Center #65 Stephen Craver, Lancer Cater at Keller Golf Course Robert Hawkins, Walgreens #1751 Councilmember Abrams moved to approve the proposed penalties for tobacco compliance failures. Lancer Catering at Keller Golf Course, 2166 Maplewood Drive $500 Fine Freedom Valu Center # 65, 1535 Beam Ave $250 Fine Packet Page Number 10 of 273 E2 November 14, 2016 9 City Council Meeting Minutes Walgreens #1751, 2920 White Bear Ave $250 Fine Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Consider Approval of Agreement with Saint Paul Area Chamber of Commerce Regarding Rice and Larpenteur Revitalization Economic Development Coordinator Martin gave the staff report and answered questions of the council. City Manager Coleman gave additional information about the Rice and Larpenteur revitalization. Councilmember Abrams moved to approve the agreement with the Saint Paul Area Chamber of Commerce and pay the Chamber $10,000 towards the work on the Rice and Larpenteur Revitalization Project. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Consider Approval of Resolution Adopting 2017 Utility Rates Finance Director Paulseth gave the staff report. Councilmember Juenemann moved to approve the resolution setting 2017 Utility Rates. Resolution 16-11-1396 ADOPTION OF 2017 RATES FOR UTILITIES: ENVIRONMENTAL UTILITY, WATER SURCHARGES, AND RECYCLING WHEREAS, the City of Maplewood annually establishes utility rates; and WHEREAS, the City has prepared a utility rate analysis for the 2017 budget year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The Environmental Utility Fund rates will increase 9%, effective January 1, 2017, with quarterly rates set at $24.00 ($8.00 per month) for residential, and monthly rates set at $53.00 for Multi-family, $64.50 for Institutional, and $82.50 for Commercial. 2. The water surcharge rates for the St. Paul Water District shall remain unchanged from the rate in effect for 2016, which is 7.0% of the St. Paul water charge. 3. The water surcharge rates for the North St. Paul Water District shall remain unchanged from the rate in effect for 2016, at $3.60 per quarter. Packet Page Number 11 of 273 E2 November 14, 2016 10 City Council Meeting Minutes 4. The recycling fees shall remain unchanged from the rate in effect for 2016, as follows: $3.26 per account per month for multi-family units $9.78 per account per quarter for single-family residents 5. The new utility rates are approved for all related services received on or after January 1, 2017. Seconded by Councilmember Abrams Ayes – All The motion passed. K. AWARD OF BIDS None L. VISITOR PRESENTATIONS – All presentations have a limit of 3 minutes. 1. Mark Bradley, Maplewood Resident 2. Bob Zick, North St. Paul Resident 3. Diana Longrie, Maplewood Resident 4. Kevin Berglund, Maplewood Resident M. ADJOURNMENT Mayor Slawik adjourned the meeting at 9:04 p.m. Packet Page Number 12 of 273 F1a MEMORANDUM TO: City Council FROM: Melinda Coleman, City Manager DATE: November 22, 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. December 12th a. No Workshop b. Council Meeting: 2017 Budget Public Hearing 2. December 26th a. Meeting Cancelled 3. January 9th a. Workshop Budget Impact None Recommendation No action required. Attachments None. Packet Page Number 13 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: DuWayne Konewko, Parks & Recreation Director Ann Hutchinson, Lead Naturalist DATE: November 24, 2016 SUBJECT: Approval of Resolution of Appreciation for Chris Soutter, Naturalist, for 30 Years of Service with the City of Maplewood Introduction Naturalist Chris Soutter retired from her position at the Maplewood Nature Center in October 2016. The Parks & Recreation Department would like to acknowledge Ms. Soutter’s 30 years of service with the City of Maplewood with the adoption of the attached Resolution of Appreciation. Discussion In 1978, Ms. Soutter was hired by the city as a full-time naturalist. There was no visitor center at that time, but there were a few trails and the naturalists took kids on the trails. Ms. Soutter, along with naturalists Meghan Strike and James McKee, helped develop the Maplewood Nature Center building, trails, and programs. When James McKee discovered the little undisturbed prairie remnant now called Jim’s Prairie, he and Ms. Soutter worked with the city to protect and preserve it. Ms. Soutter wrote much of the nature center’s school curriculum, and helped generate a partnership with community education that brought all K-6 elementary students to the Maplewood Nature Center for several years from 1982-1988. She worked with naturalists Jan Hayman and Judy Horsnell to continue to develop these programs until she left her job in 1987 to devote more time to her family. In 1995, the nature center hired her again, as a casual part-time naturalist, a position she worked in through October 2016. Her passion, willingness to learn new things, and ability to see the big picture in relation to the past has made her a keystone figure at the nature center. In addition to Ms. Soutter’s role teaching, she was always willing to take on big projects. She wrote a very popular skit, “The Wicked Weed of the Wet – Purple Loosestrife,” and performed it for several years at the nature center’s big Halloween Event as well as for other organizations. In addition, she helped align our curriculum with state standards. Most recently, she helped create and teach our pollinator programs, including developing the student assessment. Ms. Soutter has always been willing to take on specialized roles, including providing support to the Public Works Department’s forestry and rain garden programs. She F3 Packet Page Number 14 of 273 stepped in as the city’s Tree Inspector one year, helped inventory trees, and coordinated several Arbor Day events. In addition, she helped evaluate rain gardens, provided consultations to residents maintaining rain gardens, created planting designs for home rain garden retrofits, and presented rain garden education programs. Ms. Soutter’s colleagues have valued her extensive knowledge of natural resources, her passion and history, as a mentor and resource, and feel her past contributions were deeply helpful to the continuing success of the Maplewood Nature Center program. Recommendation Approve the attached Resolution of Appreciation for Naturalist Chris Soutter for her 30 years of service with the City of Maplewood. Attachment 1.Resolution of Appreciation for Chris Soutter F3 Packet Page Number 15 of 273 RESOLUTION OF APPRECIATION WHEREAS, Chris Soutter was hired as a naturalist at Maplewood Nature Center in 1978; and WHEREAS, Chris Soutter has served the City of Maplewood faithfully in that capacity from 1978-1987 and from 1995-2016; and WHEREAS, the City of Maplewood has appreciated Ms. Soutter’s knowledge, experience, insight and good judgment; and WHEREAS, Ms. Soutter has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the City; and WHEREAS, Ms. Soutter has gone beyond her responsibilities as a naturalist in helping develop and sustain the nature center programs; NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Chris Soutter, Naturalist, is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on November 28, 2016 ____________________________________ Nora Slawik, Mayor Attest: ________________________________ Karen Haag, City Clerk F3, Attachment 1 Packet Page Number 16 of 273 MEMORANDUM TO: City Council FROM: Lois Knutson, Senior Administrative Assistant DATE: November 8, 2016 SUBJECT: Presentation by Roseville Area Schools Superintendent Aldo Sicoli Introduction & Background Roseville Area Schools Superintendent Aldo Sicoli will be presenting an update to the Maplewood City Council. Budget Impact None. Recommendation No action required. Attachments None. F4 Packet Page Number 17 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works DATE: November 21, 2016 SUBJECT: Update on Rush Line Corridor Transitway Pre-Project Development Study Tier 2 Analysis and Public Outreach Efforts, Project 15-06 Introduction The City Council will receive an update on the Rush Line Corridor Transitway from the staff at Ramsey County Regional Rail Authority (RCRRA). No action is required. Background / Discussion At a high level the Rush Line Corridor is an 80-mile travel corridor between St. Paul and Hinckley, consisting of 23 urban, suburban and rural communities linked by a common need to be mobile and connected. It is represented by a 23-member board of city, county and township elected officials who plan transit improvements that enhance mobility, promote economic development and preserve community and environmental assets within the Rush Line Corridor. The transitway segments from St. Paul into the east metro suburbs (Maplewood, White Bear Lake, Hugo, and Forest Lake) has been narrowed down from a number of options. The RCRRA staff will touch on these recent developments as the stakeholders move closer to making a decision on the Locally Preferred Alternative (LPA) next year on both route and transit mode. To date a number of stakeholder events have taken place and an additional series of meetings is planned over the coming month. As shown on the attached flyer a neighborhood focused meeting will be held on November 29th at Lake Phalen Community Church for residents and businesses along the County/Rail Right of Way/Bruce Vento Trail. On November 30th a similar type meeting will be held at White Dragon Hall in St. Paul focused on the residents and businesses along Maryland Avenue and White Bear Avenue. Lastly, community wide open houses are also slated, with the Maplewood Mall hosting one on December 15th from 5-7pm. This is an opportunity to learn more about the impacts and benefits of various route and transit options, collect stakeholder input, view models of portions of the corridor to help visualize what options may look like, and ask questions/give feedback to staff. Budget Impact There is no budget impact with this recommended action. Recommendation No action required. F5 Packet Page Number 18 of 273 Attachments 1. Open House Meeting Schedule 2. Power Point Presentation Slides F5 Packet Page Number 19 of 273 NEIGHBORHOOD FOCUSED OPEN HOUSES The December meetings include a presentation followed by a question and answer session. Nov. 29, 2016 | 4 - 6 p.m. Lake Phalen Community Church 1717 English St., St. Paul Nov. 30, 2016 | 4 - 6 p.m. White Dragon Hall 1600 White Bear Ave., St. Paul Dec. 6, 2016 | 6 - 8 p.m. Presentation at 6:30 p.m. Hayden Heights Recreation Center | 1965 Hoyt Ave. E., St. Paul Dec. 14, 2016 | 5 - 7 p.m. Presentation at 5:30 p.m. White Bear Lake Area Schools - District Center | 4855 Bloom Ave., White Bear Lake Dec. 15, 2016 | 5 - 7 p.m. Presentation at 5:30 p.m. Maplewood Mall | 3001 White Bear Ave. N., Maplewood - Southwest Entrance NEIGHBORHOOD FOCUSED OPEN HOUSES COMMUNITY-WIDE OPEN HOUSES The November meetings are an open house format with no presentation. Open to all, but focused on residents and businesses along County/Rail right-of-way/Bruce Vento Trail Open to all, but focused on residents and businesses along Maryland Ave. and White Bear Ave. Attend a Rush Line Transit Study open house to: » Learn more about the benefits and impacts of the various route and transit vehicle options » Provide your input on the proposed narrowed-down options » View models of portions of the corridor to visualize what improved transit may look like » Talk with project staff to ask questions and give feedback Sign up for email updates. Provide comments. Ask questions. Learn more. • www.facebook.com/rushline • @rushlinetransit • www.rushline.org • info@rushline.org • 651-266-2760 Upon request, RCRRA will provide reasonable accommodations to persons with disabilities or interpreters at the public meeting. Please submit such requests seven business days prior to the public meeting: info@rushline.org • 651-266-2760 Si necesita esta información traducida en español, llame al 651-266-2760 Yog hais tias koj xav kom muab txhais ua ntawv Hmoob hu rau tus xov tooj 651-266-2760 Haddii aad dooneyso in middaan laguugu tarjumo Af Somali, la soo xiriir 651-266-2760 F5, Attachment 1 Packet Page Number 20 of 273 Pre-Project Development (PPD) Study Update Maplewood City Council November 28, 2016 F5, Attachment 2Packet Page Number 21 of 273 Study Area 30-mile study area between Union Depot in St Paul and Forest Lake Connects major destinations, neighborhood activity centers and job concentrations Serves diverse and growing population 2 F5, Attachment 2Packet Page Number 22 of 273 Study Milestones Summer 2014 EARLY OUTREACH•Review of Relevant Work •Current and Future Conditions •Purpose/Need •Goals/Objectives •Tier 1 Screening •Detailed Definition of Alternatives •Tier 2 Screening •Tier 2 Refinement •Implementation Plan Community Engagement Complete CORRIDOR VISION In progress ALTERNATIVES EVALUATION 2 Upcoming LOCALLY PREFERRED ALTERNATIVE (LPA) 3 We Are Here 1 F5, Attachment 2Packet Page Number 23 of 273 Evaluation Criteria by Project Goal 4 Evaluation Criteria by Project Goal F5, Attachment 2Packet Page Number 24 of 273 Community Engagement Over 150 events and contact with over 4,000 people (May 2014 –November, 2016) What we learned All-day transit service needed Wide range of preferences for transit vehicles and routes Preserve natural spaces Connect people to businesses, services, jobs and education Concern about property and business impacts Pursue highest transit investment possible to make areas more desirable Transit options should be cost-effective 5 F5, Attachment 2Packet Page Number 25 of 273 6 Alternative 1 County/Rail ROW Alternative 3 White Bear Avenue & County/Rail ROW Alternative 4 White Bear Avenue Dedicated BRT Dedicated BRTLRT Arterial BRT Alternative 2 County/Rail ROW LRT DMU Remaining Alternatives for Tier II Assessment F5, Attachment 2Packet Page Number 26 of 273 7 Initial Assessment of Alternatives F5, Attachment 2Packet Page Number 27 of 273 8 Modified Alternative 1 & Alternative 2 County/Rail ROW Alternative 3 White Bear Avenue & County/Rail ROW Alternative 4 White Bear Avenue Dedicated BRTLRT Dedicated BRTLRT Arterial BRTRefined Alternatives for Overall Assessment F5, Attachment 2Packet Page Number 28 of 273 Review of Goals by Remaining Transit Vehicles 9 LRT Dedicated BRT Arterial BRT Ridership BEST Light rail has the highest ridership, especially options that connect with the existing Green Line with 6,400 to 9,500 riders per day; around 60% of the riders are new riders which increases the total corridor ridership GOOD Dedicated BRT ranges from 4,800 to 5,400 riders per day, which closely aligns with other dedicated BRT systems in the nation; up to 70% of the riders are new riders which increases the total corridor ridership FAIR Arterial BRT has similar range as Dedicated BRT with 5,700 to 6,000 riders per day; however only 30% of those riders are new transit riders and it has the lowest total corridor ridership Cost Effectiveness POOR Light rail has the highest costs of all three modes, with construction costs ranging between $1.2B to $1.7B and yearly operating costs between $22M to $29M. The cost-effectiveness, even with route refinement, would not qualify for FTA funding GOOD Dedicated BRT is in the middle range for cost between the three modes, with construction costs ranging from $600M to $900M and yearly operating costs of $9M to $12M. The cost- effectiveness, with route refinement, has potential to qualify for FTA funding BEST Arterial BRT has the lowest cost for implementation of $75M, and yearly operating costs of $10M. The cost-effectiveness, with route refinement, can qualify for FTA funding (using Small Starts criteria) Development Potential BEST Light rail has the highest development potential out of all three transit modes GOOD Dedicated BRT also provides for a good level of development potential POOR Arterial BRT has the lowest potential to increase development due to the lack fixed guideway investment F5, Attachment 2Packet Page Number 29 of 273 10 Dedicated BRT Examples Los Angeles Orange Line BRT Cleveland Health Line BRT F5, Attachment 2Packet Page Number 30 of 273 11 Preliminary Recommendation: ADVANCE FOR FURTHER CONSIDERATION • Ranks the best for meeting the project goals based on the transit vehicle and route assessment •Longest route with fixed guideway, maximizing development potential •Least amount of right-of-way needed of all the fixed guideway options •Shortest travel time between St Paul and White Bear Lake •Cost per rider, with further refinement, could qualify for FTA funding Alt 1 –Dedicated BRT on County/Rail ROW to White Bear Lake / Connector Bus to Forest Lake Transit VehicleAssessmentRouteAssessmentBRT F5, Attachment 2Packet Page Number 31 of 273 12 Preliminary Recommendation: DO NOT ADVANCE •Similar route benefits as Alternative 1 •Does not meet the project goals as well as other alternatives based on route and transit vehicle assessment •Cost per rider would not qualify for federal fundingLRT Transit VehicleAssessmentRouteAssessmentAlternative 2 –LRT on County/Rail ROW to White Bear Lake / Connector Bus to Forest Lake F5, Attachment 2Packet Page Number 32 of 273 13 Preliminary Recommendation: DO NOT ADVANCE •Does not meet the project goals as well as other alternatives based on the route and transit vehicle assessment •Greatest property impacts (businesses and residents on White Bear Avenue) •The route has the longest travel time -over 10 minutes longer than the County/Rail ROW •Cost per rider would not qualify for federal funding RouteAssessmentLRT Alternative 3 –Dedicated BRT (A) or LRT (B) on White Bear Avenue to White Bear Lake / Connector Bus to Forest Lake Transit VehicleAssessmentBRT F5, Attachment 2Packet Page Number 33 of 273 14 Preliminary Recommendation: DO NOT ADVANCE •Although it would likely qualify for federal funding it does not meet the project goals based on route and transit vehicle assessment •Lowest number of new riders and total corridor ridership •Lowest potential to generate economic development due to lack of a fixed guideway investment •Planned Route 54 extension to provide similar service •Recommend not advancing as part of Rush Line project; potential to be pursued by others as a separate project after monitoring performance of Route 54Transit VehicleAssessmentRouteAssessmentArterial BRT Alternative 4 –Arterial BRT on White Bear Avenue to White Bear Lake / Connector Bus to Forest Lake F5, Attachment 2Packet Page Number 34 of 273 15 Same stations, similar travel time, and frequency than Alternative 4 – Arterial BRT Route 54 East Side Extension in mid-2017 F5, Attachment 2Packet Page Number 35 of 273 Recent PAC Action Approved the Preliminary Recommendation Advance Alternative 1 forward for refinement and potential consideration as the LPA Do not advance Alternatives 2, 3 and 4 for further consideration Release the overall Tier 2 results for all options and the preliminary recommendation for public comment 16 F5, Attachment 2Packet Page Number 36 of 273 Communitywide Open Houses 17 Upcoming Tier 2 Engagement Tuesday, December 6, 2016 | 6:00 –8:00 p.m. Hayden Heights Recreation Center, 1965 Hoyt Ave. E, St. Paul Wednesday, December 14, 2016 | 5:00 –7:00 p.m. White Bear Lake Schools-District Center, 4855 Bloom Ave, White Bear Lake Thursday, December 15, 2016 | 5:00 –7:00 p.m. Maplewood Mall, 3001 White Bear Ave. N, Maplewood Neighborhood Focused Open Houses Wednesday, November 30, 2016 | 4:00 –6:00 p.m. White Dragon Hall, 1600 White Bear Ave. N, St. Paul Focus: Residents/businesses on Maryland Ave and White Bear Ave Tuesday, November 29, 2016 | 4:00 –6:00 p.m. Lake Phalen Community Church, 1717 English St, St. Paul Focus: Residents/businesses on County/Rail right of way/Bruce Vento Trail F5, Attachment 2Packet Page Number 37 of 273 Pop-Up Events Primarily held in underrepresented areas Presentations City councils, business and neighborhood organizations Static Displays Setup throughout corridor 18 Upcoming Tier 2 Engagement F5, Attachment 2Packet Page Number 38 of 273 Next Steps January through February, 2017 Review public comments Tier 2 refinements Begin Locally Preferred Alternative (LPA) decision making process 19 F5, Attachment 2Packet Page Number 39 of 273 Questions F5, Attachment 2Packet Page Number 40 of 273 TO:Melinda Coleman, City Manager FROM:Ellen Paulseth, Finance Director DATE: SUBJECT:Approval of Claims 442,476.64$ Checks # 98322 thru #98555 (Includes Election Judge Checks) dated 11/08/16 thru 11/16/16 463,080.27$ Disbursements via debits to checking account dated 11/07/16 thru 11/10/16 157,547.82$ Checks #98556 thru #98600 dated 11/22/16 316,594.84$ Disbursements via debits to checking account dated 11/14/16 thru 11/18/16 1,379,699.57$ Total Accounts Payable 529,814.72$ Payroll Checks and Direct Deposits dated 11/18/16 1,886.98$ Payroll Deduction check # 99102434 thru # 99102437 dated 11/18/16 531,701.70$ Total Payroll 1,911,401.27$ 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 October 18, 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 41 of 273 Check Description Amount 98322 05739 FINAL CONTRACT PMT KID CITY PROJ 1,457.13 98323 05114 GIS ASSSISTANCE - NEW PROJECTS 840.00 98324 00519 WHEELS FOR CCTV CAMERA 507.00 00519 WHEELS FOR CCTV CAMERA 130.50 98325 00687 REMOVE TREE - 2425 TEAKWOOD/ MISC 1,760.00 00687 REMOVE TREE - 1858 E SHORE DR 1,250.00 98326 00393 MONTHLY SURTAX - OCT 25926123035 2,371.14 98327 05353 CONTRACT DIESEL - OCTOBER 5,914.32 98328 01941 SOFTBALL AWARDS 310.80 98329 01337 CAD YEARLY CONNECTIVITY FEE 9,193.32 01337 CAD YEARLY CONNECTIVITY FEE 1,769.71 98330 01337 WILDFLOWER GARDEN PLANTS 36.00 98331 01409 IVY POND REVIEW 4,089.68 01409 PROJ 16-08 CH HVAC UPGRADES 2,705.49 01409 REVIEW SITE ACCESS HAZELWOOD/BEAM 737.87 98332 04845 RECYCLING FEE - OCTOBER 42,831.25 98333 05305 CONTRACT 500-0371083 586.80 05305 CONTRACT 500-0371999 439.78 05305 CONTRACT 500-0380041 124.32 05305 CONTRACT 500-0395052 100.01 05305 CONTRACT 500-0373496 64.15 05305 CONTRACT 500-0395065 64.15 05305 CONTRACT 500-0349366 64.15 98334 04192 EMS BILLING - OCTOBER 4,575.00 98335 00043 QUARTERLY SERVICES - PUBLIC WORKS 159.00 00043 QUARTERLY SERVICES - CITY HALL 85.00 00043 QUARTERLY SERVICES - PARK MAINT 51.00 98336 05559 ELECT ENROLLMENT ADMIN FEE-NOV 301.50 98337 03486 BLACK DIRT FOR PARK MAINT 42.00 98338 03310 SMARTNET RENEWAL 2016-2017 10,356.58 03310 ADOBE INDESIGN CC L2 12MO 334.31 98339 04150 BUS SVC - POLLINATOR ED FIELD TRIP 142.40 04150 BUS SVC - POLLINATOR ED FIELD TRIP 142.40 98340 00412 LEADERSHIP GROWTH GROUP TAYLOR 600.00 00412 BOOKS LEADERSHIP GROUP J TAYLOR 176.35 98341 00420 VEHICLE CLEANING & DETAILING 40.99 98342 00003 ESCROW - BUHL'S - 2214 WOODLYNN 2,002.33 00003 ESCROW - BUHL'S - 2214 WOODLYNN 500.00 98343 00003 ESCROW KNUTSON 2165 WHITE BEAR AVE 1,083.05 98344 05344 INSTALL EQUIP - WICKLANDER POND 3,400.00 98345 02263 ANIMAL IMPOUNDS & SRVS - OCT 410.99 98346 02154 BUS SVC - POLLINATOR ED FIELD TRIP 283.75 02154 BUS SVC - POLLINATOR ED FIELD TRIP 149.60 98347 05183 INTRO TO BASKETBALL INSTRUCTION 1,200.00 98348 02137 ATTORNEY FEES - SEPTEMBER 10,535.45 02137 ATTORNEY FEES - CABLE MATTERS 525.00 98349 00393 PRESSURE VESSEL FIRESTATION 2&3 30.00 98350 03445 EQUIPMENT FOR GOODRICH PARK PLAYGRO 109,103.50 98351 05750 MPCA BLDG TUNE-UP PROGRAM/AUDIT 2,500.00 98352 05751 BUS SVC - POLLINATOR ED FIELD TRIP 216.15 05751 BUS SVC - POLLINATOR ED FIELD TRIP 111.15 05751 BUS SVC - POLLINATOR ED FIELD TRIP 105.00 98353 00867 TRAINING CENTER OPEN HOUSE 432.00 98354 00532 HR ATTORNEY FEE LABOR REL-OCT 991.66 98355 05749 CONSULTING SERVICES 125.00 98356 04318 FILL DISPOSAL 146.00 11/15/2016 L'ETOILE DU NORD 11/15/2016 L'ETOILE DU NORD 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 MN DEPT OF LABOR & INDUSTRY 11/15/2016 LANDSCAPE STRUCTURES INC 11/15/2016 LBDL LLC 11/15/2016 MANSFIELD OIL CO 11/15/2016 PATRICK TROPHIES 11/15/2016 RAMSEY COUNTY-PROP REC & REV 11/15/2016 RAMSEY COUNTY-PROP REC & REV 11/15/2016 RAMSEY COUNTY-PROP REC & REV 11/15/2016 FLEXIBLE PIPE TOOL CO. 11/15/2016 FLEXIBLE PIPE TOOL CO. 11/15/2016 HUGO'S TREE CARE INC 11/15/2016 HUGO'S TREE CARE INC 11/15/2016 MN DEPT OF LABOR & INDUSTRY Check Register City of Maplewood 11/10/2016 Date Vendor 11/08/2016 MICHAEL MIDDLEBROOKS 11/15/2016 BOLTON & MENK, INC. 11/15/2016 L'ETOILE DU NORD 11/15/2016 LILLIE SUBURBAN NEWSPAPERS 11/15/2016 MADDEN GALANTER HANSEN, LLP 11/15/2016 MIC HUNTER, PSY.D. 11/15/2016 MILLER EXCAVATING, INC. 11/15/2016 INDEPENDENT SCHOOL DIST 625 11/15/2016 JOSEPH MARK JANQUART 11/15/2016 KENNEDY & GRAVEN CHARTERED 11/15/2016 KENNEDY & GRAVEN CHARTERED 11/15/2016 S E H 11/15/2016 S E H 11/15/2016 S E H 11/15/2016 TENNIS SANITATION LLC 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 ESCROW REFUND 11/15/2016 ESCROW REFUND 11/15/2016 FLAGSHIP RECREATION 11/15/2016 HILLCREST ANIMAL HOSPITAL PA 11/15/2016 INDEPENDENT SCHOOL DIST 625 11/15/2016 CENTERLINE CHARTER CORP 11/15/2016 DONALD SALVERDA & ASSOCIATES 11/15/2016 DONALD SALVERDA & ASSOCIATES 11/15/2016 DOWNTOWNER DETAIL CENTER 11/15/2016 ESCROW REFUND 11/15/2016 APPRIZE TECHNOLOGY SOLUTIONS 11/15/2016 BUBERL BLACK DIRT INC 11/15/2016 CDW GOVERNMENT INC 11/15/2016 CDW GOVERNMENT INC 11/15/2016 CENTERLINE CHARTER CORP 11/15/2016 TOSHIBA FINANCIAL SERVICES (1) 11/15/2016 TRANS-MEDIC 11/15/2016 ADAM'S PEST CONTROL INC 11/15/2016 ADAM'S PEST CONTROL INC 11/15/2016 ADAM'S PEST CONTROL INC G1, Attachments Packet Page Number 42 of 273 98357 05752 YEARLY SUBSCRIPTION PMT - 2016 2,000.00 98358 01126 MONTHLY PREMIUM - NOVEMBER 496.00 98359 01174 ROTARY MEMBERSHIP DUES-M COLEMAN 200.00 98360 00001 REFUND C SIMONS APP FOR FOOD LIC 218.00 98361 00001 REFUND R VANDERHOFF-TRANS MEDIC 100.00 98362 05670 CONSULTING SERVICES FOR PD 140.00 98363 03151 REPLENISH PETTY CASH 28.63 98364 05159 PLAYSYSTEM & SITE WORK FOR VISTA HILL 85,000.00 98365 00396 SRVS (CJDN) PROVIDED TO PD-3RD QTR 1,920.00 98366 01345 PROJ 15-14 EASEMENT RECORDING 368.00 98367 05748 PROJ 16-14 LIFT STATION #6 PMT #1 47,167.50 98368 04578 TREE INSPECTION SERVICES 958.77 98369 00198 WATER UTILITY 236.39 98370 01836 RADIO MAINT & SRVS - AUGUST 2,369.26 01836 RADIO MAINT & SRVS - AUGUST 480.00 01836 RADIO MAINT & SRVS - SEPTEMBER 287.88 98371 01536 YOUTH T-BALL UNIFORMS 3,288.00 01536 YOUTH BASKETBALL UNIFORMS 437.50 01536 YOUTH T-BALL UNIFORMS 32.00 98372 05747 PAINTING VALVE PIPES LIFT STATION 6 1,500.00 98373 05449 FINAL PMT FOR ES4540C - SCMD218746 60.94 98374 05528 CONTRACT 7950665-011 422.82 05528 CONTRACT 7950665-003 404.70 05528 CONTRACT 7950665-005 343.93 05528 CONTRACT 7950665-002 300.50 05528 CONTRACT 7950665-004 284.28 05528 CONTRACT 7950665-013 271.29 05528 CONTRACT 7950665-001 196.11 05528 CONTRACT 7950665-012 110.68 05528 CONTRACT 7950665-010 90.61 98375 04104 AUTOMATION UPGRADE HVAC SYSTEM BUILD 6,250.00 98376 01876 PD ORGANIZATIONAL DEVELOPMENT 5,580.00 98377 05705 JANITORIAL SERVICES - OCTOBER 80.00 98378 01190 GETHSEMANE-XCEL-TURN-KEY ASSMT 600.00 TOSHIBA FINANCIAL SERVICES (2) TRANE U.S. INC. 11/15/2016 WHAT WORKS INC 11/15/2016 TERRI WOLD 11/15/2016 XCEL ENERGY 390,428.52 57 Checks in this report. 11/15/2016 STRAUSS SKATES & BICYCLES 11/15/2016 TOM AVANT PAINTING INC. 11/15/2016 TOSHIBA BUSINESS SOLUTIONS 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 11/15/2016 ST PAUL, CITY OF 11/15/2016 STRAUSS SKATES & BICYCLES 11/15/2016 STRAUSS SKATES & BICYCLES 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 TOSHIBA FINANCIAL SERVICES (2) 11/15/2016 11/15/2016 RICE LAKE CONSTRUCTION 11/15/2016 S & S TREE SPECIALISTS, INC 11/15/2016 ST PAUL REGIONAL WATER SRVS 11/15/2016 ST PAUL, CITY OF 11/15/2016 ST PAUL, CITY OF 11/15/2016 PETERSON COUNSELING/CONSULTING 11/15/2016 PETTY CASH 11/15/2016 PLAYPOWER LT FARMINGTON INC 11/15/2016 MN DEPT OF PUBLIC SAFETY 11/15/2016 RAMSEY COUNTY 11/15/2016 MY SIDEWALK, INC. 11/15/2016 NCPERS MINNESOTA 11/15/2016 NORTH ST PAUL-MAPLEWOOD- 11/15/2016 ONE TIME VENDOR 11/15/2016 ONE TIME VENDOR G1, Attachments Packet Page Number 43 of 273 Check Description Amount 98379 05041 ELECTION JUDGE 306.38 05041 ELECTION JUDGE PHONE 5.00 98380 05042 ELECTION JUDGE 391.13 98381 05127 ELECTION JUDGE 19.00 98382 05552 ELECTION JUDGE 308.75 98383 04596 ELECTION JUDGE 308.75 98384 05243 ELECTION JUDGE 318.25 98385 05671 ELECTION JUDGE 168.63 98386 05672 ELECTION JUDGE 19.00 98387 04600 ELECTION JUDGE 432.00 98388 05673 ELECTION JUDGE 556.25 98389 04555 ELECTION JUDGE 311.13 98390 05126 ELECTION JUDGE 304.00 98391 05674 ELECTION JUDGE 308.75 98392 04961 ELECTION JUDGE 304.00 98393 04556 ELECTION JUDGE 399.00 04556 ELECTION JUDGE MILEAGE 5.94 98394 05128 ELECTION JUDGE 462.00 98395 05129 ELECTION JUDGE 304.00 98396 05130 ELECTION JUDGE 308.75 98397 05675 ELECTION JUDGE 311.13 98398 05676 ELECTION JUDGE 313.50 98399 04605 ELECTION JUDGE 304.00 04605 ELECTION JUDGE MILEAGE 6.48 98400 05397 ELECTION JUDGE 327.75 98401 05398 ELECTION JUDGE 308.75 98402 05046 ELECTION JUDGE 156.75 98403 05399 ELECTION JUDGE 166.25 98404 05677 ELECTION JUDGE 304.00 98405 05678 ELECTION JUDGE 308.75 98406 04606 ELECTION JUDGE 308.75 98407 04607 ELECTION JUDGE 304.00 98408 04608 ELECTION JUDGE 322.00 98409 04609 ELECTION JUDGE 337.25 98410 05679 ELECTION JUDGE 166.25 98411 05400 ELECTION JUDGE 313.50 98412 05680 ELECTION JUDGE 311.13 98413 05132 ELECTION JUDGE 168.63 98414 04612 ELECTION JUDGE 327.75 98415 05401 ELECTION JUDGE 308.75 98416 04613 ELECTION JUDGE 311.13 98417 05133 ELECTION JUDGE 223.25 98418 04614 ELECTION JUDGE 429.00 98419 05681 ELECTION JUDGE 306.38 98420 05682 ELECTION JUDGE 166.25 98421 04617 ELECTION JUDGE 313.50 98422 05683 ELECTION JUDGE 161.50 11/16/2016 DIANE DROEGER 11/16/2016 LARRY DUMKE 11/16/2016 GLORIA DUNSHEE 11/16/2016 CAROLYN EICKHOFF 11/16/2016 ANN FALLON 11/16/2016 NANCY DEBERNARDI 11/16/2016 PHIL DEZELAR 11/16/2016 CHARLENE DICKERSON 11/16/2016 HELEN JEAN DICKSON 11/16/2016 ALBIN S. DITTLI 11/16/2016 THOMAS CONNELLY 11/16/2016 COLLEEN CONNOLLY 11/16/2016 VICTORIA CRAMER 11/16/2016 BONNIE K DAHL 11/16/2016 PAULINE DANIELSON 11/16/2016 JUSTIN F CARSON 11/16/2016 RITA CASURA 11/16/2016 ANDRE CHOURAVONG 11/16/2016 ANN CLELAND 11/16/2016 EDWARD COMBE 11/16/2016 BERNICE BUNKOWSKE 11/16/2016 BERNICE BUNKOWSKE 11/16/2016 EUGENE W BUNKOWSKE 11/16/2016 FANNIE C CARSON 11/16/2016 HELEN C CARSON 11/16/2016 MICHELE BOOHER 11/16/2016 RICHARD A. BRANDON 11/16/2016 VIRGINIA M. BRANDON 11/16/2016 DENISE BRICHER 11/16/2016 KATHY BROUNER 11/16/2016 ALVIN C. BIERBAUM 11/16/2016 SHARON BIERWERTH 11/16/2016 DIANE BJORKLUND 11/16/2016 DONITA BOLDEN 11/16/2016 DONITA BOLDEN 11/16/2016 BERNADETTE BARBON 11/16/2016 ROSEMARY B BARTLEY 11/16/2016 DAVID BEDOR 11/16/2016 JANET BEHR 11/16/2016 JAIME BELLAND 11/16/2016 JIM ALLEN 11/16/2016 NANCY SULLIVAN ANDER 11/16/2016 THEODORE ANDERSON 11/16/2016 AHSAN ANSARI 11/16/2016 PAUL D BABIN Check Register City of Maplewood 11/15/2016 Date Vendor 11/16/2016 MERIDITH AIKENS 11/16/2016 MERIDITH AIKENS G1, Attachments Packet Page Number 44 of 273 98423 05684 ELECTION JUDGE 304.00 98424 04632 ELECTION JUDGE 299.25 98425 05685 ELECTION JUDGE 304.00 98426 04635 ELECTION JUDGE 306.38 98427 05553 ELECTION JUDGE 313.50 98428 05065 ELECTION JUDGE 378.00 98429 05686 ELECTION JUDGE 318.25 98430 04644 ELECTION JUDGE 564.00 04644 ELECTION JUDGE MILEAGE 8.64 98431 05583 ELECTION JUDGE 19.00 98432 05069 ELECTION JUDGE 166.25 98433 05687 ELECTION JUDGE 166.25 98434 04645 ELECTION JUDGE 444.00 98435 05245 ELECTION JUDGE 299.25 98436 05688 ELECTION JUDGE 306.38 98437 05689 ELECTION JUDGE 161.50 98438 04648 ELECTION JUDGE 332.50 04648 ELECTION JUDGE MILEAGE 8.64 98439 05554 ELECTION JUDGE 161.50 98440 05294 ELECTION JUDGE 313.50 98441 05070 ELECTION JUDGE 315.88 98442 05690 ELECTION JUDGE 304.00 98443 04649 ELECTION JUDGE 166.25 98444 05247 ELECTION JUDGE 391.13 98445 04650 ELECTION JUDGE 308.75 98446 05404 ELECTION JUDGE 166.25 98447 05555 ELECTION JUDGE 318.25 98448 04652 ELECTION JUDGE 304.00 98449 05691 ELECTION JUDGE 315.88 98450 05692 ELECTION JUDGE 23.75 98451 04655 ELECTION JUDGE 315.88 98452 05135 ELECTION JUDGE 304.00 98453 05136 ELECTION JUDGE 294.50 98454 05405 ELECTION JUDGE 161.50 98455 04658 ELECTION JUDGE 318.25 98456 04659 ELECTION JUDGE 325.38 04659 ELECTION JUDGE MILEAGE 11.88 98457 04660 ELECTION JUDGE 375.38 98458 05406 ELECTION JUDGE 306.38 98459 05693 ELECTION JUDGE 308.75 98460 04558 ELECTION JUDGE 161.50 98461 05694 ELECTION JUDGE 23.75 98462 04664 ELECTION JUDGE 308.75 98463 05407 ELECTION JUDGE 308.75 98464 05248 ELECTION JUDGE 299.25 98465 04667 ELECTION JUDGE 166.25 98466 05695 ELECTION JUDGE 304.00 98467 05696 ELECTION JUDGE 175.75 98468 05697 ELECTION JUDGE 161.50 98469 04669 ELECTION JUDGE 304.00 98470 05408 ELECTION JUDGE 299.25 98471 05698 ELECTION JUDGE 470.00 98472 05584 ELECTION JUDGE 304.00 98473 04674 ELECTION JUDGE 444.00 98474 05699 ELECTION JUDGE 304.00 11/16/2016 JOHN P KREBSBACH 11/16/2016 JASON KREGER 11/16/2016 ELAINE KRUSE 11/16/2016 JACKIE KWAPICK 11/16/2016 ANNETTE LACASSE 11/16/2016 CAROL KNAUSS 11/16/2016 PETE KOEGEL 11/16/2016 CAROL KOSKINEN 11/16/2016 PATRICIA KRAGELAND 11/16/2016 DENNIS KRAMER 11/16/2016 WARREN JOHNSON 11/16/2016 HOWARD JOHNSTON 11/16/2016 SHIRLEY JONES 11/16/2016 MYRNA M KANE 11/16/2016 JUDY M KIPKA 11/16/2016 ROBERT JENSEN 11/16/2016 ROBERT JENSEN 11/16/2016 JUDITH JOHANNESSEN 11/16/2016 CHERYLE D JOHNSON 11/16/2016 ROBERT JOHNSON 11/16/2016 JEANETTE HULET 11/16/2016 PATRICIA HUTH 11/16/2016 RAYMOND L. HUTH 11/16/2016 CAROL L INGERSOLL 11/16/2016 GWENDOLYN JEFFERSO 11/16/2016 ROBERT W HART 11/16/2016 JEAN HEININGER 11/16/2016 DARLENE HERBER 11/16/2016 MARY HOLMES 11/16/2016 JANICE HOPPE 11/16/2016 VONNA HAHN 11/16/2016 LISA R HANSFORD 11/16/2016 JOAN HANSON 11/16/2016 MARY M HARDER 11/16/2016 BARBARA HART 11/16/2016 PHYLLIS HAAG 11/16/2016 MICHAEL HAFNER 11/16/2016 MICHAEL HAFNER 11/16/2016 JOANN B HAGEMO 11/16/2016 SANDRA HAHN 11/16/2016 BARB GRAVINK 11/16/2016 DAVID GREFE 11/16/2016 JAMIE GUDKNECHT 11/16/2016 DIANNE GUSTAFSON 11/16/2016 ERNIE HAAG 11/16/2016 TERRENCE J GARVEY 11/16/2016 BOBBI GILPIN SMITH 11/16/2016 DIANE GOLASKI 11/16/2016 DIANE GOLASKI 11/16/2016 ANNE GRAVELLE 11/16/2016 JANIS FALTEISEK 11/16/2016 MARY JO FREER 11/16/2016 ROBERT FREID 11/16/2016 MARY KATHERINE FULLE 11/16/2016 BARBARA FUNK G1, Attachments Packet Page Number 45 of 273 98475 05700 ELECTION JUDGE 304.00 98476 05076 ELECTION JUDGE 332.50 98477 05701 ELECTION JUDGE 175.75 98478 04683 ELECTION JUDGE 378.00 98479 05702 ELECTION JUDGE 161.50 98480 05585 ELECTION JUDGE 315.88 98481 05706 ELECTION JUDGE 180.50 98482 05707 ELECTION JUDGE 304.00 98483 05077 ELECTION JUDGE 304.00 98484 04687 ELECTION JUDGE 311.13 98485 04688 ELECTION JUDGE 383.25 98486 04694 ELECTION JUDGE 453.00 98487 04696 ELECTION JUDGE 190.00 98488 04698 ELECTION JUDGE 311.13 98489 04700 ELECTION JUDGE 315.88 04700 ELECTION JUDGE MILEAGE 8.64 98490 05415 ELECTION JUDGE 313.50 98491 05708 ELECTION JUDGE 313.50 98492 05709 ELECTION JUDGE 19.00 98493 05080 ELECTION JUDGE 19.00 98494 04711 ELECTION JUDGE 486.00 98495 04712 ELECTION JUDGE 285.00 98496 04715 ELECTION JUDGE 332.50 98497 05710 ELECTION JUDGE 23.75 98498 05711 ELECTION JUDGE 166.25 98499 04717 ELECTION JUDGE 426.00 98500 04718 ELECTION JUDGE 462.00 98501 04723 ELECTION JUDGE 546.00 04723 ELECTION JUDGE MILEAGE 4.32 98502 05712 ELECTION JUDGE 313.50 98503 05713 ELECTION JUDGE 304.00 98504 04725 ELECTION JUDGE 325.38 98505 05714 ELECTION JUDGE 304.00 98506 05715 ELECTION JUDGE 308.75 98507 05716 ELECTION JUDGE 332.50 98508 05717 ELECTION JUDGE 308.75 98509 05418 ELECTION JUDGE 308.75 05418 ELECTION JUDGE MILEAGE 16.20 98510 05419 ELECTION JUDGE 456.00 05419 ELECTION JUDGE MILEAGE 17.82 98511 05251 ELECTION JUDGE 294.50 98512 05141 ELECTION JUDGE 304.00 98513 05142 ELECTION JUDGE 383.25 98514 05586 ELECTION JUDGE 304.00 98515 05557 ELECTION JUDGE 156.75 98516 05718 ELECTION JUDGE 304.00 98517 04728 ELECTION JUDGE 313.50 98518 04729 ELECTION JUDGE 462.00 98519 05420 ELECTION JUDGE 171.00 98520 05719 ELECTION JUDGE 308.75 98521 05720 ELECTION JUDGE 308.75 98522 05753 ELECTION JUDGE 402.00 98523 05721 ELECTION JUDGE 304.00 98524 05144 ELECTION JUDGE 337.25 98525 04735 ELECTION JUDGE 337.25 11/16/2016 ROBERT ROZMARYNOWS 11/16/2016 DONNA RYDELL 11/16/2016 CRYSTAL RYGG 11/16/2016 WARREN H. SANDS 11/16/2016 KATHLEEN SAUER 11/16/2016 JOANNE REINKE 11/16/2016 RITA RENSLOW 11/16/2016 VINCENT RODRIGUEZ 11/16/2016 TERESA M ROSSBACH 11/16/2016 BERYL J ROURKE 11/16/2016 ROGER L POSCH 11/16/2016 SHELLY ANN PUTZ 11/16/2016 STEVEN L. PUTZ 11/16/2016 ANDREW REICHOW 11/16/2016 ROY R REICHOW 11/16/2016 CAROLYN PLANK 11/16/2016 ORLIN D PLATH 11/16/2016 ORLIN D PLATH 11/16/2016 JOSEPH V PLUMBO 11/16/2016 JOSEPH V PLUMBO 11/16/2016 SUSAN PARNELL 11/16/2016 MARILYN PEPER 11/16/2016 DEVRIE PERZICHILLI 11/16/2016 JOAN PETERSON 11/16/2016 KATHLEEN PETERSON 11/16/2016 D WILLIAM O'BRIEN 11/16/2016 ANITA OLSON 11/16/2016 DIAN PARENT 11/16/2016 DIAN PARENT 11/16/2016 JOHN PARNELL 11/16/2016 MARY NEWCOMB 11/16/2016 MIRANDA NICHOLS 11/16/2016 ANN NORBERG 11/16/2016 DEBBIE NORRING 11/16/2016 CYNTHIA K O'BRIEN 11/16/2016 JUDY MCCAULEY 11/16/2016 JOAN D MCDONOUGH 11/16/2016 BARBARA MILLER 11/16/2016 PATRICIA MOHWINKEL 11/16/2016 MARLENE MORENO 11/16/2016 JULES LOIPERSBECK 11/16/2016 JOHN MANTHEY 11/16/2016 THOMAS MASKREY 11/16/2016 JOHN MCCANN 11/16/2016 JUDY MCCAULEY 11/16/2016 SANDY LEWIS 11/16/2016 DARLA LINDELIEN 11/16/2016 GREG LINDHOLM 11/16/2016 MARIANNE T LIPTAK 11/16/2016 DARLENE LOIPERSBECK 11/16/2016 BARBARA LARSON 11/16/2016 TOM LAYER 11/16/2016 MARY ANN LEO 11/16/2016 CLAUDETTE LEONARD 11/16/2016 JAMES W LEONARD G1, Attachments Packet Page Number 46 of 273 98526 04738 ELECTION JUDGE 443.63 04738 ELECTION JUDGE MILEAGE 13.50 98527 05252 ELECTION JUDGE 304.00 98528 05253 ELECTION JUDGE 313.50 98529 05254 ELECTION JUDGE 304.00 98530 05722 ELECTION JUDGE 161.50 98531 04743 ELECTION JUDGE 378.00 98532 04744 ELECTION JUDGE 332.50 98533 05723 ELECTION JUDGE 299.25 98534 05724 ELECTION JUDGE 306.38 98535 05433 ELECTION JUDGE 313.50 98536 04745 ELECTION JUDGE 304.00 98537 01903 ELECTION JUDGE 318.25 98538 05725 ELECTION JUDGE 185.25 98539 04747 ELECTION JUDGE 498.00 04747 ELECTION JUDGE MILEAGE 45.10 98540 04748 ELECTION JUDGE 308.75 98541 04749 ELECTION JUDGE 323.00 98542 04752 ELECTION JUDGE 166.25 98543 05726 ELECTION JUDGE 313.50 98544 05727 ELECTION JUDGE 299.25 98545 04754 ELECTION JUDGE 447.00 98546 04959 ELECTION JUDGE 264.00 98547 05728 ELECTION JUDGE 161.50 98548 04757 ELECTION JUDGE 432.00 98549 04758 ELECTION JUDGE 304.00 98550 04759 ELECTION JUDGE 432.00 04759 ELECTION JUDGE PHONE 10.00 98551 04763 ELECTION JUDGE 161.50 98552 04765 ELECTION JUDGE 420.00 04765 ELECTION JUDGE MILEAGE 16.20 98553 04771 ELECTION JUDGE 168.63 98554 05729 ELECTION JUDGE 23.75 98555 05091 ELECTION JUDGE 391.1311/16/2016 LEROY ZIPKO 52,048.12 177 Checks in this report. 11/16/2016 GAYLE WASMUNDT 11/16/2016 CINDY YORKOVICH 11/16/2016 11/16/2016 CAROLYN URBANSKI 11/16/2016 HOLLY URBANSKI JUDY ZIELINSKI 11/16/2016 HOLLY URBANSKI 11/16/2016 MARY VANEK 11/16/2016 GAYLE WASMUNDT 11/16/2016 KIM SWIFT 11/16/2016 LORI TAYLOR 11/16/2016 DALE TRIPPLER 11/16/2016 JO A TRIPPLER 11/16/2016 MICKI TSCHIDA 11/16/2016 TIM STAFKI 11/16/2016 JUDITH STEENBERG 11/16/2016 RICHARD STEENBERG 11/16/2016 MARY STORM 11/16/2016 MARY STRANDNESS 11/16/2016 KATHY SORENSON 11/16/2016 BOB SPANGLER 11/16/2016 EDNA SPANGLER 11/16/2016 FLORENCE SPRAGUE 11/16/2016 TIM STAFKI 11/16/2016 MARY A SINGER 11/16/2016 DELANEY SKAAR 11/16/2016 SUSAN SKAAR 11/16/2016 DUANE SMITH 11/16/2016 MARGARET SMITH 11/16/2016 CYNTHIA SCHLUENDER 11/16/2016 CYNTHIA SCHLUENDER 11/16/2016 WILLIAM SCHMIDT 11/16/2016 JAMES SEITZ 11/16/2016 DEBORAH A SEYFER G1, Attachments Packet Page Number 47 of 273 Settlement Date Payee Description Amount 11/7/2016 MN State Treasurer Drivers License/Deputy Registrar 41,391.70 11/7/2016 U.S. Treasurer Federal Payroll Tax 148,955.98 11/7/2016 P.E.R.A.P.E.R.A.103,193.16 11/7/2016 Empower - State Plan Deferred Compensation 29,582.00 11/7/2016 MN State Treasurer State Payroll Tax 29,828.49 11/7/2016 Labor Unions Union Dues 2,145.72 11/7/2016 MidAmerica - ING HRA Flex plan 13,225.20 11/8/2016 MN State Treasurer Drivers License/Deputy Registrar 32,501.35 11/9/2016 MN State Treasurer Drivers License/Deputy Registrar 24,145.19 11/9/2016 Delta Dental Dental Premium 1,886.01 11/10/2016 MN State Treasurer Drivers License/Deputy Registrar 36,225.47 463,080.27 CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 48 of 273 Check Description Amount 98556 05028 CITY HALL SOLAR SYSTEM LEASE-NOV 397.00 05028 MCC SOLAR SYSTEM LEASE - NOV 369.00 98557 04572 ROOFING REPAIRS - CITY HALL 3,134.00 04572 ROOFING REPAIRS - PUBLIC WORKS 805.00 98558 01202 MAPLEWOOD LIVING,SEASONS-NOV 7,551.59 98559 01941 TOURNAMENT AWARDS 734.37 98560 01337 911 DISPATCH SERVICES - OCTOBER 30,236.58 01337 CAD SERVICES - OCTOBER 5,995.67 01337 FLEET SUPPORT FEES - OCTOBER 502.32 01337 FLEET SUPPORT FEES - OCTOBER 468.00 98561 01574 VARIOUS BITUMINOUS MATERIALS~769.47 01574 VARIOUS BITUMINOUS MATERIALS~696.35 01574 VARIOUS BITUMINOUS MATERIALS~156.35 98562 02880 REPIARS TO TANK BEHIND PD GARAGE 171.38 98563 01190 PROJ 16-08 CITY CHILLER PROJ 28,022.16 98564 01869 VOLLEYBALL REFEREE 9/28 - 11/11 324.00 98565 01865 ASSIGNMENTS 1ST HALF FALL V-BALL 790.00 98566 02345 WINDOW REPLACEMENT 2,319.31 98567 05369 ULTRA CLEAN SRVS - CITY HALL/PARKS 555.96 05369 CLEANING SUPPLIES-CITY HALL/PARKS 143.37 98568 05591 VOLLEYBALL REFEREE 9/28 - 11/11 486.00 98569 01871 VOLLEYBALL REFEREE 9/28 - 11/11 567.00 98570 05618 LEASE CHARGES FIRE & PD VEHICLES 3,342.74 98571 00477 GATE FOR STORM SEWER-FIRE STATION 154.00 98572 00479 SPEC MIX FOR CB GROUT WORK 355.00 98573 03538 VOLLEYBALL REFEREE 9/28 - 11/11 567.00 98574 04950 VOLLEYBALL REFEREE 9/28 - 11/11 270.00 98575 05754 DATA SHARING SYSTEM 894.50 98576 04790 DANCE INSTRUCTION 6,370.00 98577 00001 REIMB SWANUM DRIVEWAY REPAIR 2,600.00 98578 00001 REFUND M KUHN - SOCCER SKILLS 150.00 98579 00001 REFUND B BOOG - BASKETBALL 135.00 98580 00001 REFUND D HOBBICK - TRANS MEDIC 96.75 98581 00001 REFUND D BELLO - GUITAR CLASS 73.00 98582 00001 REFUND J CHLEBECK - MASSAGE 63.20 98583 00001 REFUND R WALL - ACUPUNCTURE 25.00 98584 05601 V-BALL REFEREEING ON 11/12/16 160.00 98585 05549 WEB-BASED PEP TESTS 300.00 98586 01289 INVASIVE SPECIES MGMT-JIM'S PRAIRIE 750.00 98587 03271 BLOCK REPAIRS - CITY HALL 1902/1810 34,657.20 98588 01359 VEHICLE WASHES - OCTOBER 33.63 98589 04432 VOLLEYBALL REFEREE 9/28 - 11/11 891.00 98590 04785 VOLLEYBALL REFEREE 9/28 - 11/11 81.00 98591 02001 PHONE SERVICE - OCTOBER 2,859.49 98592 02663 VOLLEYBALL REFEREE 9/28 - 11/11 81.00 98593 05120 VOLLEYBALL REFEREE 9/28 - 11/11 486.00 98594 05579 HR ATTORNEY FEES 3,534.36 98595 05738 VOLLEYBALL REFEREE 9/28 - 11/11 189.00 98596 01669 FORFEITED VEHICLE TOWING - OCT 240.00 98597 01720 WINTER SAFETY JACKETS 371.00 01720 WINDBREAKERS 354.00 01720 MISC SUPPLIES/JACKETS 325.72 01720 WINTER SAFETY JACKET -49.00 98598 01872 VOLLEYBALL REFEREE 9/28 - 11/11 324.00 98599 05541 HWY 61 & CO RD B STATION MPCA WORK 1,668.35 11/22/2016 VIKING INDUSTRIAL CENTER 11/22/2016 MARK WEBER 11/22/2016 WENCK ASSOCIATES, INC. 11/22/2016 VIKING INDUSTRIAL CENTER 11/22/2016 VIKING INDUSTRIAL CENTER 11/22/2016 VIKING INDUSTRIAL CENTER CARL SAARION 11/22/2016 RICH SCHELL 11/22/2016 SOLDO CONSULTING, P.C. 11/22/2016 DEEANN A SORENSON 11/22/2016 TWIN CITIES TRANSPORT & 11/22/2016 ONE TIME VENDOR 11/22/2016 ONE TIME VENDOR 11/22/2016 ONE TIME VENDOR 11/22/2016 ALEC PEROZA 11/22/2016 PERSONNEL EVALUATION, INC. 11/22/2016 PRAIRIE RESTORATIONS INC 11/22/2016 R J MARCO CONSTRUCTION INC 11/22/2016 REGAL AUTO WASH BILLING 11/22/2016 EUGENE E. RICHARDSON 11/22/2016 STANLEY ROBERTS 11/22/2016 CITY OF ROSEVILLE 11/22/2016 Check Register City of Maplewood 11/17/2016 Date Vendor 11/22/2016 ENERGY ALTERNATIVES SOLAR, LLC 11/22/2016 ENERGY ALTERNATIVES SOLAR, LLC 11/22/2016 ETTEL & FRANZ ROOFING CO. 11/22/2016 ETTEL & FRANZ ROOFING CO. 11/22/2016 NYSTROM PUBLISHING CO INC 11/22/2016 PATRICK TROPHIES 11/22/2016 RAMSEY COUNTY-PROP REC & REV 11/22/2016 RAMSEY COUNTY-PROP REC & REV 11/22/2016 RAMSEY COUNTY-PROP REC & REV 11/22/2016 RAMSEY COUNTY-PROP REC & REV 11/22/2016 T A SCHIFSKY & SONS, INC 11/22/2016 T A SCHIFSKY & SONS, INC 11/22/2016 T A SCHIFSKY & SONS, INC 11/22/2016 ZAHL PETROLEUM MAINTENANCE CO 11/18/2016 XCEL ENERGY 11/22/2016 DALE BOETTCHER 11/22/2016 DON BOWMAN 11/22/2016 BRIN GLASS SERVICE 11/22/2016 CINTAS CORPORATION #470 11/22/2016 CINTAS CORPORATION #470 11/22/2016 ROBERT COLEMAN SR 11/22/2016 KENNETH COOPER 11/22/2016 ENTERPRISE FM TRUST 11/22/2016 ESS BROTHERS & SONS INC 11/22/2016 EULL'S MANUFACTURING CO., INC. 11/22/2016 PATRICK JAMES HUBBARD 11/22/2016 JERRY JOHNSON 11/22/2016 LEXISNEXIS RISK SOLUTIONS 11/22/2016 MAYER ARTS, INC. 11/22/2016 ONE TIME VENDOR 11/22/2016 ONE TIME VENDOR 11/22/2016 ONE TIME VENDOR 11/22/2016 ONE TIME VENDOR G1, Attachments Packet Page Number 49 of 273 98600 02159 PROMISE FELLOW/YOUTH DEV PARTNERS 10,000.00 157,547.82 45 Checks in this report. 11/22/2016 WHITE BEAR AREA YMCA G1, Attachments Packet Page Number 50 of 273 Settlement Date Payee Description Amount 11/14/2016 MN State Treasurer Drivers License/Deputy Registrar 48,936.89 11/14/2016 MN Dept of Natural Resources DNR electronic licenses 339.00 11/14/2016 Optum Health DCRP & Flex plan payments 1,691.34 11/15/2016 MN State Treasurer Drivers License/Deputy Registrar 52,159.36 11/15/2016 VANCO Billing fee 78.15 11/16/2016 MN State Treasurer Drivers License/Deputy Registrar 51,971.10 11/16/2016 Delta Dental Dental Premium 1,882.89 11/17/2016 MN State Treasurer Drivers License/Deputy Registrar 81,510.61 11/18/2016 MN State Treasurer Drivers License/Deputy Registrar 21,951.56 11/18/2016 MN Dept of Natural Resources DNR electronic licenses 174.50 11/18/2016 US Bank VISA One Card*Purchasing card items 43,630.80 11/18/2016 MN Dept of Revenue Sales Tax 6,981.00 11/18/2016 MN Dept of Revenue Fuel Tax 334.59 11/18/2016 Optum Health DCRP & Flex plan payments 1,512.05 11/18/2016 ICMA (Vantagepointe)Deferred Compensation 3,441.00 316,594.84 *Detailed listing of VISA purchases is attached. CITY OF MAPLEWOOD Disbursements via Debits to Checking account G1, Attachments Packet Page Number 51 of 273 Transaction Date Posting Date Merchant Name Transaction Amount Name 10/27/2016 10/31/2016 OFFICE DEPOT #1090 $75.18 REGAN BEGGS 11/03/2016 11/07/2016 OFFICE DEPOT #1090 $71.49 REGAN BEGGS 11/05/2016 11/07/2016 PANERA BREAD #601305 $63.00 REGAN BEGGS 11/05/2016 11/07/2016 OFFICEMAX/OFFICE DEPOT616 $22.49 REGAN BEGGS 11/07/2016 11/09/2016 OFFICE DEPOT #1090 $50.00 REGAN BEGGS 11/08/2016 11/09/2016 JERSEY MIKES ONLINE ORDE $128.49 REGAN BEGGS 11/08/2016 11/10/2016 PAKOR, INC.$429.52 REGAN BEGGS 11/01/2016 11/03/2016 OFFICE DEPOT #1090 $439.98 CHAD BERGO 11/01/2016 11/03/2016 OFFICE DEPOT #1090 $208.74 CHAD BERGO 11/03/2016 11/04/2016 PAYPAL *STOCKINDESI $19.00 CHAD BERGO 11/07/2016 11/08/2016 BESTBUYCOM791739008339 $64.27 CHAD BERGO 11/07/2016 11/09/2016 OFFICE DEPOT #1090 $68.51 CHAD BERGO 11/08/2016 11/08/2016 TARGET.COM *$30.40 CHAD BERGO 11/08/2016 11/09/2016 BESTBUYCOM791739008339 $163.83 CHAD BERGO 11/05/2016 11/07/2016 COMO PARK ANIMAL HOSPITAL $227.76 BRIAN BIERDEMAN 11/08/2016 11/09/2016 US PEACEKEEPER $367.92 BRIAN BIERDEMAN 10/27/2016 10/31/2016 THE HOME DEPOT #2801 $39.31 OAKLEY BIESANZ 11/01/2016 11/02/2016 PAYPAL *MNATURALIST $200.00 OAKLEY BIESANZ 10/28/2016 10/31/2016 COWBOY JACKS SALOON $26.78 RON BOURQUIN 10/29/2016 10/31/2016 BEST WESTERN HOTELS - ST.$233.74 RON BOURQUIN 10/31/2016 11/02/2016 THE HOME DEPOT #2801 ($12.83)NEIL BRENEMAN 10/31/2016 11/02/2016 THE HOME DEPOT #2801 $12.83 NEIL BRENEMAN 10/31/2016 11/02/2016 THE HOME DEPOT #2801 $27.55 NEIL BRENEMAN 11/02/2016 11/04/2016 DOLLAR TREE $37.42 NEIL BRENEMAN 11/09/2016 11/10/2016 MN RECREATION AND PARK A $905.00 NEIL BRENEMAN 11/10/2016 11/11/2016 TARGET 00011858 $37.37 NEIL BRENEMAN 11/10/2016 11/11/2016 DICK'S CLOTHING&SPORTING $149.86 NEIL BRENEMAN 11/01/2016 11/02/2016 OAKDALE RENTAL CENTER $204.00 TROY BRINK 11/03/2016 11/04/2016 ABLE HOSE $65.40 TROY BRINK 10/31/2016 11/02/2016 MENARDS OAKDALE MN $7.28 SCOTT CHRISTENSON 11/01/2016 11/02/2016 HENRIKSEN ACE HDWE $18.98 SCOTT CHRISTENSON 11/01/2016 11/03/2016 JOHNSTONE SUPPLY WABASH $282.37 SCOTT CHRISTENSON 11/01/2016 11/03/2016 JOHNSTONE SUPPLY WABASH $1,336.09 SCOTT CHRISTENSON 11/01/2016 11/03/2016 JOHNSTONE SUPPLY WABASH $12.97 SCOTT CHRISTENSON 11/03/2016 11/07/2016 THE HOME DEPOT #2801 $45.75 SCOTT CHRISTENSON 11/05/2016 11/07/2016 STANDDESK, INC $502.68 SCOTT CHRISTENSON 11/08/2016 11/09/2016 HENRIKSEN ACE HDWE $15.60 SCOTT CHRISTENSON 11/09/2016 11/11/2016 MENARDS OAKDALE MN $3.90 SCOTT CHRISTENSON 11/10/2016 11/11/2016 G&K SERVICES AR $219.68 SCOTT CHRISTENSON 10/28/2016 10/31/2016 RED WING SHOE #727 $209.99 TOM DOUGLASS 10/28/2016 10/31/2016 MILLS FLEET FARM 2700 $99.99 TOM DOUGLASS 11/01/2016 11/01/2016 ADAMS PEST CONTROL $148.88 TOM DOUGLASS 11/04/2016 11/07/2016 NUCO2 INC $476.08 TOM DOUGLASS 11/04/2016 11/07/2016 NUCO2 INC $341.65 TOM DOUGLASS 11/04/2016 11/07/2016 NUCO2 INC $165.49 TOM DOUGLASS 11/04/2016 11/07/2016 NUCO2 INC $152.81 TOM DOUGLASS 11/10/2016 11/11/2016 G&K SERVICES AR $407.42 TOM DOUGLASS 11/01/2016 11/02/2016 KOHL'S 0577 ($43.98)ANDREW ENGSTROM 10/31/2016 11/02/2016 SHRED-IT MINNEAPOLIS $13.00 CHRISTINE EVANS 10/27/2016 10/31/2016 BOUND TREE MEDICAL LLC $1,099.04 PAUL E EVERSON 10/28/2016 10/31/2016 BOUND TREE MEDICAL LLC $6.30 PAUL E EVERSON 10/31/2016 11/02/2016 BOUND TREE MEDICAL LLC $32.76 PAUL E EVERSON 11/01/2016 11/03/2016 BOUND TREE MEDICAL LLC $37.29 PAUL E EVERSON 11/02/2016 11/04/2016 THE HOME DEPOT #2801 $33.23 PAUL E EVERSON 11/08/2016 11/10/2016 BOUND TREE MEDICAL LLC $1,128.34 PAUL E EVERSON G1, Attachments Packet Page Number 52 of 273 11/09/2016 11/10/2016 MASIMO AMERICAS, INC $550.00 PAUL E EVERSON 11/02/2016 11/03/2016 IDU*INSIGHT PUBLIC SEC $287.66 MYCHAL FOWLDS 11/04/2016 11/07/2016 TOSHIBA BUSINESS SOLUTIO $198.11 MYCHAL FOWLDS 11/04/2016 11/07/2016 CDW GOVERNMENT $3,789.78 MYCHAL FOWLDS 11/10/2016 11/11/2016 AT&T*BILL PAYMENT $34.05 MYCHAL FOWLDS 11/10/2016 11/11/2016 LOFFLER COMPANIES, INC.$422.00 MYCHAL FOWLDS 10/28/2016 10/31/2016 SHI INTERNATIONAL CORP $659.01 NICK FRANZEN 10/28/2016 10/31/2016 SHI INTERNATIONAL CORP $659.01 NICK FRANZEN 10/28/2016 11/02/2016 SHI INTERNATIONAL CORP ($659.01)NICK FRANZEN 11/11/2016 11/11/2016 COCOONINNOVATIONS.COM $49.99 NICK FRANZEN 10/28/2016 10/31/2016 INTERNATION $1,030.00 MICHAEL FUNK 11/09/2016 11/10/2016 PANERA BREAD #1305 $19.69 MICHAEL FUNK 11/01/2016 11/03/2016 THE HOME DEPOT #2801 $14.98 VIRGINIA GAYNOR 11/10/2016 11/11/2016 BLUE RIBBON BAIT #1 $11.22 CAROLE GERNES 10/28/2016 10/31/2016 AMAZON MKTPLACE PMTS $8.52 ALEX GERONSIN 10/28/2016 10/31/2016 AMAZON MKTPLACE PMTS $33.27 ALEX GERONSIN 10/28/2016 10/31/2016 AMAZON MKTPLACE PMTS $145.35 ALEX GERONSIN 10/28/2016 10/31/2016 AMAZON MKTPLACE PMTS $10.34 ALEX GERONSIN 11/03/2016 11/04/2016 PAYPAL *DAKAMANUFAC $20.00 ALEX GERONSIN 11/04/2016 11/04/2016 AMAZON MKTPLACE PMTS $99.99 ALEX GERONSIN 11/10/2016 11/11/2016 AMAZON MKTPLACE PMTS ($99.99)ALEX GERONSIN 10/28/2016 10/31/2016 GREEN MILL - ST CLOUD $20.78 CLARENCE GERVAIS 10/28/2016 10/31/2016 PP*MISSIONLLC $50.00 CLARENCE GERVAIS 10/29/2016 10/31/2016 COWBOY JACKS SALOON $21.17 CLARENCE GERVAIS 10/29/2016 10/31/2016 BEST WESTERN HOTELS - ST.$233.74 CLARENCE GERVAIS 10/31/2016 11/02/2016 ASPEN MILLS INC.$131.85 CLARENCE GERVAIS 10/31/2016 11/02/2016 ASPEN MILLS INC.$163.80 CLARENCE GERVAIS 10/28/2016 10/31/2016 GRAND CLEANERS $93.11 CHRISTINE GIBSON 11/01/2016 11/02/2016 GRANDMAS BAKERY INC $177.22 CHRISTINE GIBSON 11/08/2016 11/09/2016 GRANDMAS BAKERY INC $17.32 CHRISTINE GIBSON 11/01/2016 11/02/2016 MILLS FLEET FARM 2700 $22.67 MARK HAAG 11/09/2016 11/11/2016 GOODIN COMPANY $226.76 MARK HAAG 11/10/2016 11/11/2016 ABLE HOSE $22.32 MARK HAAG 11/09/2016 11/10/2016 HENRIKSEN ACE HDWE $62.10 MILES HAMRE 11/09/2016 11/10/2016 HENRIKSEN ACE HDWE $82.96 TAMARA HAYS 11/04/2016 11/07/2016 HENRIKSEN ACE HDWE $2.79 GARY HINNENKAMP 10/27/2016 10/31/2016 U OF M-RAPTOR CENTER $36.00 ANN HUTCHINSON 11/02/2016 11/03/2016 DALCO ENTERPRISES $103.37 ANN HUTCHINSON 11/02/2016 11/03/2016 PAYPAL *MNATURALIST $135.00 ANN HUTCHINSON 11/09/2016 11/10/2016 KNOWLAN'S MARKET #2 $9.59 ANN HUTCHINSON 10/28/2016 10/31/2016 GRIGGINDUST $127.27 DAVID JAHN 11/07/2016 11/08/2016 DALCO ENTERPRISES $812.33 DAVID JAHN 10/28/2016 10/31/2016 UNIFORMS UNLIMITED INC.$6.50 JUSTIN JAMES 11/04/2016 11/07/2016 TARGET 00011858 $13.84 JUSTIN JAMES 11/02/2016 11/04/2016 THE HOME DEPOT #2801 $16.03 JOE JENSEN 11/03/2016 11/04/2016 CHIEF SUPPLY $72.29 KEVIN JOHNSON 11/01/2016 11/02/2016 FEDEXOFFICE 00006171 $22.46 LOIS KNUTSON 10/29/2016 10/31/2016 JIMMY JOHNS # 574 - M $70.63 NICHOLAS KREKELER 11/08/2016 11/10/2016 OFFICEMAX/OFFICE DEPOT616 $98.85 NICHOLAS KREKELER 11/08/2016 11/09/2016 THOMSON WEST*TCD $385.00 DAVID KVAM 10/28/2016 10/31/2016 GREEN MILL - ST CLOUD $17.93 MICHAEL LOCHEN 10/29/2016 10/31/2016 COWBOY JACKS SALOON $22.42 MICHAEL LOCHEN 10/29/2016 10/31/2016 BEST WESTERN HOTELS - ST.$233.74 MICHAEL LOCHEN 11/05/2016 11/07/2016 U OF M CONTLEARNING $245.00 STEVE LOVE 10/27/2016 10/31/2016 MENARDS MAPLEWOOD MN $179.00 STEVE LUKIN 11/02/2016 11/02/2016 AIRGASS NORTH $86.66 STEVE LUKIN G1, Attachments Packet Page Number 53 of 273 11/02/2016 11/02/2016 AIRGASS NORTH $31.24 STEVE LUKIN 11/02/2016 11/02/2016 AIRGASS NORTH $115.75 STEVE LUKIN 11/02/2016 11/03/2016 COMCAST CABLE COMM $2.27 STEVE LUKIN 11/04/2016 11/07/2016 ASPEN MILLS INC.$45.80 STEVE LUKIN 11/04/2016 11/07/2016 ASPEN MILLS INC.$98.30 STEVE LUKIN 11/04/2016 11/07/2016 PEN*FDIC/FIRE ENGINEER $60.00 STEVE LUKIN 11/07/2016 11/08/2016 BEST BUY MHT 00000109 $35.00 STEVE LUKIN 11/07/2016 11/08/2016 USA*MINUTE KEY, INC.$23.02 STEVE LUKIN 11/07/2016 11/09/2016 MENARDS MAPLEWOOD MN $15.95 STEVE LUKIN 11/07/2016 11/09/2016 OFFICEMAX/OFFICE DEPOT616 $73.37 STEVE LUKIN 10/27/2016 10/31/2016 SARPINOS PIZZERIA MPLS $14.20 MIKE MARTIN 10/27/2016 10/31/2016 RIVR MPLSPARKING $7.00 MIKE MARTIN 10/28/2016 10/31/2016 RIVR MPLSPARKING $7.00 MIKE MARTIN 11/08/2016 11/10/2016 RED WING SHOE #727 $152.99 BRENT MEISSNER 10/28/2016 10/31/2016 BOUND TREE MEDICAL LLC ($239.99)MICHAEL MONDOR 11/04/2016 11/07/2016 PEN*FDIC/FIRE ENGINEER $60.00 MICHAEL MONDOR 11/02/2016 11/03/2016 EB SNOW AMP ICE CHEMI $40.00 BRYAN NAGEL 11/01/2016 11/02/2016 HENRIKSEN ACE HDWE $32.02 RICHARD NORDQUIST 11/01/2016 11/02/2016 SITEONE LANDSCAPE S $43.96 RICHARD NORDQUIST 11/03/2016 11/07/2016 OFFICEMAX/OFFICE DEPOT616 $213.89 ELLEN PAULSETH 11/10/2016 11/11/2016 G&K SERVICES AR $133.53 ELLEN PAULSETH 10/27/2016 10/31/2016 BOYER TRUCKS - PARTS $134.02 STEVEN PRIEM 10/28/2016 10/31/2016 AUTO PLUS-LITTLE CANADA $33.16 STEVEN PRIEM 10/31/2016 11/02/2016 ZIEGLER INC COLUMBUS $540.61 STEVEN PRIEM 11/01/2016 11/02/2016 FACTORY MOTOR PARTS #19 $176.20 STEVEN PRIEM 11/01/2016 11/03/2016 TURFWERKS EAGAN $1,144.81 STEVEN PRIEM 11/02/2016 11/03/2016 AUTO PLUS-LITTLE CANADA $75.60 STEVEN PRIEM 11/02/2016 11/03/2016 SOL*SNAP-ON INDUSTRIAL $979.59 STEVEN PRIEM 11/02/2016 11/04/2016 ZARNOTH BRUSH WORKS INC $916.00 STEVEN PRIEM 11/02/2016 11/04/2016 ZIEGLER INC COLUMBUS $26.10 STEVEN PRIEM 11/03/2016 11/04/2016 FACTORY MOTOR PARTS #19 $53.31 STEVEN PRIEM 11/03/2016 11/04/2016 AUTO PLUS-LITTLE CANADA $97.77 STEVEN PRIEM 11/03/2016 11/04/2016 AUTO PLUS-LITTLE CANADA $191.12 STEVEN PRIEM 11/04/2016 11/07/2016 AN FORD WHITE BEAR LAK $876.95 STEVEN PRIEM 11/07/2016 11/08/2016 AUTO PLUS-LITTLE CANADA $112.41 STEVEN PRIEM 11/08/2016 11/09/2016 POMP'S TIRE #021 $28.95 STEVEN PRIEM 11/08/2016 11/09/2016 AUTO PLUS-LITTLE CANADA $32.16 STEVEN PRIEM 11/09/2016 11/10/2016 COMO LUBE AND SUPPLIES $160.69 STEVEN PRIEM 11/10/2016 11/11/2016 AN FORD WHITE BEAR LAK $238.58 STEVEN PRIEM 11/02/2016 11/03/2016 DALCO ENTERPRISES $203.64 KELLY PRINS 11/02/2016 11/03/2016 HILLYARD INC MINNEAPOLIS $481.58 KELLY PRINS 11/04/2016 11/09/2016 HEJNY RENTAL INC ($3.56)KELLY PRINS 11/08/2016 11/10/2016 HOMEDEPOT.COM $171.85 KELLY PRINS 11/03/2016 11/07/2016 MINNESOTA OCCUPATIONAL HE $429.00 TERRIE RAMEAUX 11/03/2016 11/07/2016 MINNESOTA OCCUPATIONAL HE $152.20 TERRIE RAMEAUX 11/01/2016 11/02/2016 AMAZON MKTPLACE PMTS $570.74 MICHAEL RENNER 10/29/2016 10/31/2016 APPOINTMENT-PLUS/STORMSOU $49.00 LORI RESENDIZ 10/30/2016 10/31/2016 PPL*INSANITY $29.95 LORI RESENDIZ 11/09/2016 11/10/2016 CTC*CONSTANTCONTACT.COM $90.00 AUDRA ROBBINS 11/08/2016 11/10/2016 GOVERNMENT FINANCE $150.00 JOSEPH RUEB 10/31/2016 11/01/2016 SITEONE LANDSCAPE S $61.61 ROBERT RUNNING 10/28/2016 10/31/2016 LILLIE SUBURBAN NEWSPAPER $1,493.50 DEB SCHMIDT 11/02/2016 11/04/2016 OFFICE DEPOT #1090 $53.59 DEB SCHMIDT 11/02/2016 11/04/2016 OFFICE DEPOT #1090 $31.42 DEB SCHMIDT 11/07/2016 11/08/2016 CUB FOODS #1599 $59.85 DEB SCHMIDT 11/10/2016 11/11/2016 LILLIE SUBURBAN NEWSPAPER $351.25 DEB SCHMIDT G1, Attachments Packet Page Number 54 of 273 11/02/2016 11/03/2016 TRACTOR-SUPPLY-CO #0199 $685.43 PAUL SCHNELL 11/02/2016 11/04/2016 ROGUE FITNESS $945.34 PAUL SCHNELL 11/03/2016 11/07/2016 MENARDS MAPLEWOOD MN $38.46 PAUL SCHNELL 11/08/2016 11/09/2016 IN *ENCOMPASS TELEMATICS,$676.00 PAUL SCHNELL 11/10/2016 11/11/2016 PANERA BREAD #1305 $88.86 PAUL SCHNELL 11/04/2016 11/07/2016 G&K SERVICES AR $722.52 SCOTT SCHULTZ 11/07/2016 11/08/2016 POLLUTION CONTROL AGENCY $23.00 SCOTT SCHULTZ 11/07/2016 11/09/2016 ON SITE SANITATION INC $20.00 SCOTT SCHULTZ 11/02/2016 11/04/2016 UNIFORMS UNLIMITED INC.$3,714.10 MICHAEL SHORTREED 11/03/2016 11/07/2016 UNIFORMS UNLIMITED INC.$1,113.00 MICHAEL SHORTREED 11/08/2016 11/11/2016 501 OPUS $24.00 MICHAEL SHORTREED 11/10/2016 11/11/2016 CUB FOODS #1599 $21.90 MICHAEL SHORTREED 11/02/2016 11/04/2016 OFFICE DEPOT #1090 $74.53 ANDREA SINDT 11/04/2016 11/07/2016 OFFICE DEPOT #1090 $24.16 ANDREA SINDT 11/07/2016 11/08/2016 LA POLICE GEAR $197.89 JOSEPH STEINER 11/04/2016 11/07/2016 SEARS ROEBUCK 1122 $95.00 RONALD SVENDSEN 10/28/2016 10/31/2016 UNIVERSAL ATHLETIC $891.64 JAMES TAYLOR 10/28/2016 10/31/2016 UNIVERSAL ATHLETIC $446.95 JAMES TAYLOR 11/03/2016 11/04/2016 U OF M CONTLEARNING $245.00 MICHAEL THOMPSON 11/03/2016 11/07/2016 LOWER TOWN PARKING $7.00 MICHAEL THOMPSON $43,630.80 G1, Attachments Packet Page Number 55 of 273 CHECK #CHECK DATE EMPLOYEE NAME 10.00 26.62 11/18/16 JUENEMANN, KATHLEEN 456.30 11/18/16 SLAWIK, NORA 518.43 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in AmountAMOUNT 11/18/16 ABRAMS, MARYLEE 456.30 6,030.98 11/18/16 FUNK, MICHAEL 4,984.10 11/18/16 SMITH, BRYAN 456.30 11/18/16 XIONG, TOU 456.30 11/18/16 BEGGS, REGAN 1,910.40 11/18/16 EVANS, CHRISTINE 2,105.47 11/18/16 RUEB, JOSEPH 3,416.50 11/18/16 ARNOLD, AJLA 2,021.23 11/18/16 KNUTSON, LOIS 3,130.11 11/18/16 CHRISTENSON, SCOTT 2,546.43 1,667.12 11/18/16 WEAVER, KRISTINE 2,584.10 11/18/16 JAGOE, CAROL 585.00 11/18/16 RICHTER, CHARLENE 1,474.53 11/18/16 VITT, SANDRA 1,427.40 11/18/16 MAHRE, GERALDINE 573.00 11/18/16 THOMALLA, CAROL HERZOG, LINDSAY 1,525.69 11/18/16 RAMEAUX, THERESE 3,747.43 11/18/16 JAHN, DAVID 2,587.89 11/18/16 PRINS, KELLY 2,213.52 11/18/16 HENDRICKS, JENNIFER 1,557.64 11/18/16 BERG, TERESA 1,645.00 11/18/16 CORCORAN, THERESA 2,084.89 11/18/16 WYLIE, TAMMY 1,926.59 11/18/16 ABEL, CLINT 3,442.49 11/18/16 KVAM, DAVID 5,086.21 11/18/16 SHORTREED, MICHAEL 4,511.95 11/18/16 WELCHLIN, KATHLEEN 374.00 11/18/16 SCHNELL, PAUL 5,354.37 11/18/16 SHEA, STEPHANIE 1,720.99 11/18/16 BARTZ, PAUL 3,352.70 11/18/16 BELDE, STANLEY 3,617.72 11/18/16 ALDRIDGE, MARK 3,848.63 11/18/16 BAKKE, LONN 3,459.48 11/18/16 BUSACK, DANIEL 4,479.37 11/18/16 CARNES, JOHN 3,095.79 11/18/16 BENJAMIN, MARKESE 3,451.16 11/18/16 BIERDEMAN, BRIAN 5,050.20 11/18/16 MOY, PAMELA 1,984.66 11/18/16 OSTER, ANDREA 2,089.51 11/18/16 LARSON, MICHELLE 2,082.59 11/18/16 ANDERSON, CAROLE 2,092.46 11/18/16 DEBILZAN, JUDY 2,327.39 11/18/16 COLEMAN, MELINDA 11/18/16 CRAWFORD, LEIGH 2,043.39 11/18/16 HAAG, KAREN 4,801.75 11/18/16 SCHMIDT, DEBORAH 3,346.37 11/18/16 OSWALD, BRENDA 2,695.83 11/18/16 PAULSETH, ELLEN 4,494.56 11/18/16 G1, Attachments Packet Page Number 56 of 273 11/18/16 DUGAS, MICHAEL 4,646.88 11/18/16 ERICKSON, VIRGINIA 3,465.72 11/18/16 CROTTY, KERRY 4,251.20 11/18/16 DEMULLING, JOSEPH 4,344.17 11/18/16 FRITZE, DEREK 3,336.02 11/18/16 GABRIEL, ANTHONY 3,977.36 11/18/16 FISHER, CASSANDRA 1,827.46 11/18/16 FORSYTHE, MARCUS 3,333.73 11/18/16 HIEBERT, STEVEN 3,682.53 11/18/16 HOEMKE, MICHAEL 352.29 11/18/16 HAWKINSON JR, TIMOTHY 3,751.81 11/18/16 HER, PHENG 3,451.16 11/18/16 JOHNSON, KEVIN 4,358.21 11/18/16 KONG, TOMMY 3,343.44 11/18/16 HOFMEISTER, TIMOTHY 496.00 11/18/16 JAMES JR, JUSTIN 478.50 11/18/16 LANDEROS CRUZ, JESSICA 232.00 11/18/16 LANGNER, SCOTT 3,224.58 11/18/16 KREKELER, NICHOLAS 1,058.39 11/18/16 KROLL, BRETT 3,239.64 11/18/16 MARINO, JASON 3,457.55 11/18/16 MCCARTY, GLEN 3,431.88 11/18/16 LANGNER, TODD 3,829.94 11/18/16 LYNCH, KATHERINE 3,095.79 11/18/16 MULVIHILL, MARIA 2,694.48 11/18/16 NYE, MICHAEL 4,432.77 11/18/16 METRY, ALESIA 3,947.65 11/18/16 MICHELETTI, BRIAN 3,638.61 11/18/16 PARKER, JAMES 3,271.73 11/18/16 PETERSON, JARED 2,562.80 11/18/16 OLDING, PARKER 2,941.91 11/18/16 OLSON, JULIE 3,459.48 11/18/16 STARKEY, ROBERT 2,557.07 11/18/16 STEINER, JOSEPH 4,954.56 11/18/16 REZNY, BRADLEY 3,982.34 11/18/16 SLATER, BENJAMIN 4,236.76 11/18/16 THIENES, PAUL 3,861.81 11/18/16 VANG, PAM 2,456.37 11/18/16 SYPNIEWSKI, WILLIAM 3,160.08 11/18/16 TAUZELL, BRIAN 3,537.66 11/18/16 ZAPPA, ANDREW 3,009.64 11/18/16 ANDERSON, BRIAN 192.13 11/18/16 WENZEL, JAY 3,344.07 11/18/16 XIONG, KAO 3,402.87 11/18/16 BAUMAN, ANDREW 3,491.26 11/18/16 BEITLER, NATHAN 387.57 11/18/16 BAHL, DAVID 185.40 11/18/16 BASSETT, BRENT 33.13 11/18/16 COREY, ROBERT 318.01 11/18/16 CRAWFORD - JR, RAYMOND 4,395.60 11/18/16 BOURQUIN, RON 657.85 11/18/16 CAPISTRANT, JOHN 370.82 11/18/16 DAWSON, RICHARD 3,858.43 11/18/16 EVERSON, PAUL 4,573.57 11/18/16 CRUMMY, CHARLES 351.13 11/18/16 DABRUZZI, THOMAS 3,532.60 11/18/16 HALWEG, JODI 3,833.80 11/18/16 HAWTHORNE, ROCHELLE 3,695.22 11/18/16 HAGEN, MICHAEL 649.26 11/18/16 HALE, JOSEPH 185.40 11/18/16 HUTCHINSON, JAMES 401.70 G1, Attachments Packet Page Number 57 of 273 11/18/16 JANSEN, CHAD 159.00 11/18/16 KANE, ROBERT 853.62 11/18/16 IMM, TRACY 526.26 11/18/16 KUBAT, ERIC 3,374.64 11/18/16 LANDER, CHARLES 2,903.87 11/18/16 KARRAS, JAMIE 503.50 11/18/16 KONDER, RONALD 795.00 11/18/16 MONDOR, MICHAEL 4,480.47 11/18/16 MORGAN, JEFFERY 28.70 11/18/16 LINDER, TIMOTHY 3,557.36 11/18/16 LOCHEN, MICHAEL 512.83 11/18/16 NOVAK, JEROME 4,026.34 11/18/16 NOWICKI, PAUL 443.89 11/18/16 NEILY, STEVEN 554.69 11/18/16 NIELSEN, KENNETH 490.54 11/18/16 PACHECO, ALPHONSE 351.13 11/18/16 PETERSON, ROBERT 3,674.61 11/18/16 O'GARA, GEORGE 33.13 11/18/16 OPHEIM, JOHN 625.73 11/18/16 RANGEL, DERRICK 298.13 11/18/16 RODRIGUEZ, ROBERTO 2,930.80 11/18/16 POWERS, KENNETH 3,779.70 11/18/16 RAINEY, JAMES 1,007.02 11/18/16 SVENDSEN, RONALD 4,727.74 11/18/16 ZAPPA, ERIC 2,722.84 11/18/16 SEDLACEK, JEFFREY 3,355.48 11/18/16 STREFF, MICHAEL 4,751.47 11/18/16 LUKIN, STEVEN 5,088.01 11/18/16 CORTESI, LUANNE 2,082.59 11/18/16 GERVAIS-JR, CLARENCE 4,367.89 11/18/16 LO, CHING 1,043.24 11/18/16 BUCKLEY, BRENT 2,551.95 11/18/16 DOUGLASS, TOM 1,964.79 11/18/16 SINDT, ANDREA 2,938.08 11/18/16 BRINK, TROY 2,619.29 11/18/16 MEISSNER, BRENT 2,385.69 11/18/16 NAGEL, BRYAN 4,045.40 11/18/16 EDGE, DOUGLAS 2,470.14 11/18/16 JONES, DONALD 2,401.99 11/18/16 RUNNING, ROBERT 2,609.29 11/18/16 TEVLIN, TODD 2,391.99 11/18/16 OSWALD, ERICK 2,699.40 11/18/16 RUIZ, RICARDO 2,078.49 11/18/16 ENGSTROM, ANDREW 3,024.50 11/18/16 JAROSCH, JONATHAN 3,494.59 11/18/16 BURLINGAME, NATHAN 2,712.32 11/18/16 DUCHARME, JOHN 3,003.91 11/18/16 THOMPSON, MICHAEL 5,279.51 11/18/16 ZIEMAN, SCOTT 184.00 11/18/16 LINDBLOM, RANDAL 3,003.91 11/18/16 LOVE, STEVEN 4,250.66 11/18/16 HAYS, TAMARA 2,054.49 11/18/16 HINNENKAMP, GARY 3,012.73 11/18/16 JANASZAK, MEGHAN 2,105.79 11/18/16 HAMRE, MILES 2,001.60 11/18/16 ORE, JORDAN 2,054.49 11/18/16 BIESANZ, OAKLEY 1,511.27 11/18/16 NAUGHTON, JOHN 2,397.91 11/18/16 NORDQUIST, RICHARD 2,356.80 11/18/16 GERNES, CAROLE 1,296.03 11/18/16 HER, KONNIE 408.00 G1, Attachments Packet Page Number 58 of 273 155.01 130.68 75.60 45.36 54.00 138.80 700.00 9998293 99102428 99102429 99102430 99102431 99102432 99102433 11/18/16 HUTCHINSON, ANN 2,930.89 11/18/16 WACHAL, KAREN 1,053.96 11/18/16 JOHNSON, ELIZABETH 1,774.59 11/18/16 KONEWKO, DUWAYNE 5,042.36 11/18/16 WOLFE, KAYLA 434.01 11/18/16 GAYNOR, VIRGINIA 3,583.43 11/18/16 MARTIN, MICHAEL 3,685.46 11/18/16 BRASH, JASON 3,321.59 11/18/16 KROLL, LISA 2,084.89 11/18/16 FINWALL, SHANN 3,645.67 11/18/16 WEIDNER, JAMES 2,437.39 11/18/16 WELLENS, MOLLY 2,068.05 11/18/16 SWAN, DAVID 3,074.35 11/18/16 SWANSON, CHRIS 2,108.19 11/18/16 JACOBS, ROCHELLE 363.75 11/18/16 LOPEZ, ANGELA 84.00 11/18/16 BJORK, BRANDON 126.50 11/18/16 BRENEMAN, NEIL 2,610.16 11/18/16 TAYLOR, JAMES 3,677.59 11/18/16 VUKICH, CANDACE 158.88 11/18/16 ROBBINS, AUDRA 3,677.59 11/18/16 ROBBINS, CAMDEN 454.25 11/18/16 FAIRBANKS, GEORGE 3,320.80 11/18/16 ADAMS, DAVID 2,296.81 11/18/16 WITZMANN, CLAIRE 126.00 11/18/16 BERGO, CHAD 3,702.75 11/18/16 SCHULTZ, SCOTT 4,002.21 11/18/16 WILBER, JEFFREY 2,036.99 11/18/16 HAAG, MARK 2,611.59 11/18/16 JENSEN, JOSEPH 1,960.09 11/18/16 SCHILTZ, STEFAN 606.00 11/18/16 PRIEM, STEVEN 2,666.30 11/18/16 WISTL, MOLLY 323.50 11/18/16 RESENDIZ, LORI 138.80 11/18/16 FOWLDS, MYCHAL 4,219.45 11/18/16 FRANZEN, NICHOLAS 3,968.36 11/18/16 WOEHRLE, MATTHEW 3,139.53 11/18/16 XIONG, BOON 1,916.09 78.38 11/04/16 GUSTAFSON, BRENDA 200.00 11/18/16 ABBOTT, MCKENZIE 84.00 11/18/16 GERONSIN, ALEXANDER 2,163.50 11/18/16 RENNER, MICHAEL 2,127.78 529,814.72 11/18/16 GARCIA, PHILLIP 35.00 11/18/16 MARIANI, ISABELLA 98.00 11/18/16 SWIECH, TAYLOR 28.00 11/18/16 ERICKSON, MOLLY 84.00 11/18/16 KRUEGER, SCOTT G1, Attachments Packet Page Number 59 of 273 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag, Citizen Services Director DATE: November 21, 2016 SUBJECT: Approval of a Temporary Lawful Gambling – Local Permit for Hill Murray School Introduction An application for a temporary Lawful Gambling – Local permit was submitted by Kellee Wren on behalf of Hill Murray School to be used to conduct a raffle at the school’s auction fundraiser, held on the school’s property, 2625 Larpenteur Ave E on April 29, 2017. Proceeds will go towards the providing tuition for families in need of financial assistance for their children’s attendance. Recommendation Staff recommends that Council approve the temporary Lawful Gambling – Local permit for Hill Murray School’s auction on April 29, 2017. Packet Page Number 60 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Approval of Local Planning Assistance Grant Agreement with the Metropolitan Council for the City’s 2040 Comprehensive Plan Update Introduction On June 27, 2016, the city council approved a resolution supporting the city’s application to the Metropolitan Council for a local planning assistance grant for the upcoming comprehensive plan update. The Metropolitan Council has approved the city’s request and has awarded $32,000 to be used towards the plan update. This grant program was established by the Metropolitan Council to assist eligible cities with costs associated with developing the 2040 Comprehensive Plan Update which would include staff pay, consultant and professional services, printing and publishing. Discussion This grant program was non-competitive and Maplewood received the full amount it was eligible for – $32,000. By receiving and accepting the grant, Maplewood is expected to have its 2040 Comprehensive Plan Update reviewed and adopted by December 31, 2018. This update must conform to metropolitan system plans of the Metropolitan Council, must be consistent with the adopted policies of the Metropolitan Council, and must be compatible with the plans of adjacent and affected jurisdictions. Budget Impact The grant award will work to off-set costs associated with the 2040 Comprehensive Plan Update. Recommendation Authorize the mayor and city manager to sign and execute the attached grant agreement between the city of Maplewood and Metropolitan Council. Attachment 1. Grant Agreement between city and Metropolitan Council G3 Packet Page Number 61 of 273 Grantee: City of Maplewood Grant No.: SG05571-01 Grant Amount: $ 32,000 End Date: December 31, 2019 Council’s Authorized Agent: LisaBeth Barajas METROPOLITAN COUNCIL LOCAL PLANNING ASSISTANCE PROGRAM GRANT AGREEMENT THIS GRANT AGREEMENT is made and entered into by the Metropolitan Council (“Council”) and the metropolitan-area governmental unit identified above as the “Grantee.” WHEREAS, Minnesota Statutes section 473.867 authorizes the Council to establish a planning assis- tance fund for the purpose of making grants and loans to local governmental units to help local gov- ernmental units in the seven-county metropolitan area conduct and implement comprehensive plan- ning activities, including the “decennial” review of local comprehensive plans and fiscal devices and official controls as required by section 473.864, subdivision 2; and WHEREAS, on May 25, 2015, and on April 27, 2016, the Council adopted initial and additional need- based eligibility criteria for awarding available local planning program assistance and established po- tential grant amounts for eligible grantees to help grantees review and update their comprehensive plans as required by the “decennial” review provisions of Minnesota Statutes section 473.864, subdi- vision 2; and WHEREAS, on December 10, 2014, the Council authorized an initial transfer of funds to the plan- ning assistance fund, and on December 9, 2015, the Council authorized an additional transfer of funds to the total planning assistance fund for grants or loans to local governments under Minnesota Statutes section 473.867; WHEREAS, the Grantee is an eligible city, county, or town in the metropolitan area as defined in Minnesota Statutes section 473.121, or is an eligible metropolitan-area city or town acting in partnership with at least 4 other cities or towns and is authorized to submit a joint application and execute this Agreement on behalf of the partnership or consortium; and WHEREAS, the Grantee submitted an application for local planning assistance grant funds and was awarded a grant to help fund eligible comprehensive planning activities identified in the application. NOW THEREFORE, in reliance on the representations and statements above and in consideration of the mutual promises and covenants contained in this Agreement, the Grantee and the Council agree as follows: I. DEFINITIONS 1.01 Definition of Terms. For the purposes of this Agreement, the terms defined in this paragraph have the meanings given them in this paragraph unless otherwise provided or indicated by the context. G3, Attachment 1 Packet Page Number 62 of 273 (a) “Comprehensive Development Guide” means the comprehensive development guide for the seven-county metropolitan area adopted by the Council pursuant to Minnesota Statutes section 473.145. The Comprehensive Development guide includes: Thrive MSP 2040 and the Housing Policy Plan (as amended) adopted by the Council pursuant to Minnesota Statutes section 473.145; the Master Water Supply Plan adopted by the Council pursuant to Minnesota Statutes section 473.1565; and the “metropolitan systems plans” adopted by the Council pursuant to Minnesota Statutes sections 473.146 and 473.147. (b) “Comprehensive plan” means a local comprehensive plan update required under Minnesota Stat- utes section 473.864, subdivision 2 that complies with Minnesota Statutes sections 473.858 through 473.865 and other applicable laws, including those provisions in section 473.859 requir- ing housing elements and housing implementation programs. (c) “Metropolitan Land Planning Act” means the land use planning provisions of Minnesota Statutes Chapter 473, including Minnesota Statutes section 473.175 and sections 473.851 through 473.871. (d) “Metropolitan system plans” means the transportation portion of the Comprehensive Development Guide, and the policy plans, and capital budgets for metropolitan wastewater service, transportation, and regional recreation open space. II. GRANT FUNDS 2.01 Grant Amount and Conditions. The Council will provide to the Grantee the “Grant Amount” identified at Page 1 of this Agreement which the Grantee shall use for authorized purposes and eligible activities. The grant funds are made available to the Grantee subject to the following terms and con- ditions: (a) Timely Plan Update Submission. Notwithstanding the December 31, 2019 “End Date” identified on Page 1 of this Agreement, the Grantee must review and update its comprehensive plan as re- quired by Minnesota Statutes section 473.864, subdivision 2, by December 31, 2018. (b) Consultation with Council and Adjacent Review. The Grantee must submit its draft plan update to adjacent governmental units for a 6-month adjacent review period as required by Minnesota Statutes section 473.858, subdivision 2 prior to submitting the plan update to the Council for review. Prior to submitting its draft plan to adjacent units, the Grantee must consult with the Met- ropolitan Council Sector Representative for its district at least twice to update the Council on plan progress and potential policy conflicts. (c) Consultation with Watershed Management Organizations. The Grantee must ensure local surface water management planning requirements of Minnesota Statutes sections 473.859, subdivision 2 and 103B.235 are met by the December 31, 2018, deadline. (d) Completeness; Plan Content. The comprehensive plan submitted by the Grantee must be “com- plete” as described in the Council’s Local Planning Handbook, which is available online at metro- council.org/handbook.aspx, and must comply with the plan content requirements of Minnesota Stat- utes section 473.859 and other applicable law. If the plan is not complete as described in the Local Planning Handbook, the plan must be made complete within three (3) months of the incompleteness determination, or as otherwise mutually agreed to by the Council and the Grantee. (e) Conformance to Metropolitan System Plans and Policy Plans. The comprehensive plan submitted by the Grantee must conform to metropolitan system plans of the Council. The comprehensive G3, Attachment 1 Packet Page Number 63 of 273 plan is deemed to comply with this condition if the Council concludes after its review that the plan is not likely to have a substantial impact on or contain a substantial departure from metro- politan system plans and allows the plan to go into effect without a plan modification. (f) Consistency and Compatibility. The comprehensive plan update submitted by the Grantee must be consistent with the adopted policies of the Council, including housing policy. In addition, the comprehensive plan must also be compatible with the plans of adjacent and affected jurisdictions. 2.02 Disbursement Schedule. The Council will disburse fifty percent (50%) of the Grant Amount to the Grantee within thirty (30) days after final execution of this Agreement. The Council will dis- burse the remaining fifty percent (50%) of the Grant Amount after: (a) the Grantee has submitted, as appropriate, either (i) the entire current comprehensive plan and the certification required under Minnesota Statutes section 473.864, subdivision 2(a); or (ii)submitted the entire updated comprehensive plan and amendment or amendments to its comprehensive plan necessitated by its review to the Council for review; and (b) the Council has reviewed and acted upon the Grantee’s submission; and (c) the Grantee has complied with the terms and conditions stated in Paragraph 2.01. 2.03 Authorized Use of Funds. The grant funds provided to the Grantee under this Agreement shall be used only for the purposes and eligible activities described in the Grantee’s work plan and budget as approved by the Council. A copy of the Grantee’s approved work plan and budget is attached to and incorporated into this Agreement as Attachment A. Eligible activities include, but are not limited to, staff pay, consultant and professional services, printing, and publishing. Grant funds may not be used for per diem payments to appointed or elected board or commission members. Grant funds also may not be used to purchase or acquire equipment or other tangible, nonexpendable personal property, or for activities inconsistent with the Council’s Comprehensive Development Guide, the Metropolitan Land Planning Act, Minnesota’s Critical Areas Act, or other applicable state laws. The Grantee agrees to promptly remit to the Council any unspent grant funds and any grant funds that are not used for the authorized purposes specified in this paragraph. III. REPORTING, ACCOUNTING, AND AUDIT REQUIREMENTS 3.01 Progress Reports. The Grantee will provide to the Grantee’s assigned Sector Representative a written midpoint progress report and a written final progress report describing the status of the work plan activities described in Attachment A. These reports ensure the grant funds are appropriately expended as described in the work plan and budget. The reports shall be subject to the following content and schedule requirements. (a) Midpoint Progress Report. At approximately the midpoint of the Grantee’s work plan activities, the Grantee must submit to the Council a written midpoint progress report which includes: a sum- mary of the work plan activities completed; a summary of work plan activities to be accomplished during the remaining months of the work plan with associated anticipated completion dates; and a summary of unanticipated issues and opportunities that affect the work plan, time schedule for project completion, or budget. The midpoint progress report also must include a summary of pro- ject costs and sources of funds for those expenditures, and a list of itemized expenditures of funds received from the Council and matching funds by category in the budget. (b) Final Progress Report. Upon completion of the work plan activities described in Attachment A, the Grantee must submit to the Council a written final progress report which includes: a summary G3, Attachment 1 Packet Page Number 64 of 273 of the work plan activities completed since the submission of the midpoint progress report; a summary of project outcomes, total project costs and sources of funds for those expenditures in- cluding both this grant, city funds, and other sources of funds; and a list of itemized expenditures of the grant funds. 3.02 Accounting and Records. The Grantee agrees to establish and maintain accurate and complete accounts, financial records, and supporting documents relating to the receipt and expenditure of the grant funds. Notwithstanding the expiration and termination provisions of Paragraphs 4.01 and 4.02, such accounts and records shall be kept and maintained by the Grantee for a period of six (6) years following the completion of the work plan activities described in Attachment A. If any litigation, claim or audit is started before the expiration of the three-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved or until the end of the regular six-year period, whichever is later. 3.03 Audits. The books, records, documents, and accounting procedures and practices of the Grantee that are relevant to this Agreement are subject to examination by the Council and either the Legislative Auditor or the State Auditor, as appropriate, for a minimum of six (6) years following the completion of the work plan activities described in Attachment A. 3.04 Authorized Agent. The Council’s authorized agent for purposes of administering this Agree- ment is the individual identified on page 1 of this Agreement, or another designated Council em- ployee. Written reports submitted to the Council should be directed to the attention of the authorized agent at the following address: Metropolitan Council Community Development Division 390 Robert Street North Saint Paul, Minnesota 55101-1805 IV. GRANT AGREEMENT TERM 4.01 Term and End Date. This Agreement is effective upon execution of the Agreement by the Council. Unless terminated pursuant to Paragraph 4.02 or extended by written agreement pursuant to Paragraph 4.03, this Agreement will expire on the “End Date” identified at Page 1 of this Agreement. The term of this Agreement may be extended by written agreement of the Council, but only in conjunc- tion with an extension authorized under Minnesota Statutes section 473.864, subdivision 2. 4.02 Termination. This Agreement may be terminated by the Council for cause at any time upon fourteen (14) calendar days’ written notice to the Grantee. Cause shall mean a material breach of this Agreement and any amendments of this Agreement. Termination of this Agreement does not alter the Council’s authority to recover funds on the basis of a later audit or other review, and does not alter the Grantee’s obligation to return any funds due to the Council as a result of later audits or corrections. If the Council determines the Grantee has failed to comply with the terms and conditions of this Agreement, the Council may take any action to protect its interests and may require the Grantee to return all or part of the funds. 4.03 Amendment. The Council and the Grantee may amend this Agreement by written mutual con- sent. Amendments, changes, or modifications to the Grantee’s approved work plan and budget shall be effective only on the execution of written amendments signed by authorized representatives of the Council and the Grantee. G3, Attachment 1 Packet Page Number 65 of 273 V. GENERAL PROVISIONS 5.01 Conflict of Interest. The members, officers, and employees of the Grantee shall comply with all applicable federal and state statutory and regulatory conflict of interest laws and provisions. 5.02 Liability. To the fullest extent permitted by law, the Grantee shall defend, indemnify and hold harmless the Council and its members, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the conduct or implementation of the funded work plan activities. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which otherwise would exist between the Council and the Grantee. The provisions of this paragraph shall survive the expiration or termination of this Agreement. This indemnification shall not be construed as a waiver on the part of either the Grantee or the Council of any immunities or limits on liability provided by Minnesota Statutes Chapter 466, or other applicable state or federal law. 5.03 Compliance with Law. The Grantee agrees to conduct the work plan activities in compliance with all applicable provisions of federal, state, and local laws. 5.04 Acknowledgment. The Grantee shall appropriately acknowledge the funding assistance pro- vided by the Council in promotional materials, reports, publications, and notices relating to the project activities funded under this Agreement. 5.05 Warranty of Legal Capacity. The individual signing this Agreement on behalf of the Grantee represents and warrants that the individual is duly authorized to execute this Agreement and that this Agreement constitutes the Grantee’s valid, binding, and enforceable agreements. IN WITNESS WHEREOF, the Grantee and the Council have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective on the date of final execution by the Council. METROPOLITAN COUNCIL GRANTEE By: By: Beth Reetz, Director Community Development Division Nora Slawik, Mayor City of Maplewood Date: Date: By: Melinda Colemen, City Manager City of Maplewood Date: G3, Attachment 1 Packet Page Number 66 of 273 ATTACHMENT A Grantee’s Work Plan and Budget This Attachment A comprises this page and the Grantee’s work plan and budget as approved by the Council. N:\CommDev\LPA\Planning Assistance Fund\Planning Grants\2018 Grants\Administration\Grant Agreements\Maplewood\Maplewood_2016_GrantAgreement.docx 10/26/16 G3, Attachment 1 Packet Page Number 67 of 273 City of Maplewood 2040 Comprehensive Plan Update Estimated Time- table (months) Task Lead (Staff / Consultant) Estimated Cost (Grant Funded) Estimated Cost (Match Funded) TOTAL - COMPREHENSIVE PLAN UPDATE 12 Months $32,000 $ 75,000 1: Project Administration and Public Engagement M. Martin $7,000 $ 30,000 1.1 Consultant Selection & Project Administration 1 Months $ 5,000 1.2 Organization and Staffing of Steering Committee 1 Months $4,500 $ 10,000 1.3 Public Involvement 8 Months $2,500 $ 15,000 2: Introduction, Community Profile and Future Vision Chapters M. Martin $ 5,000 2.1 Identification and Analysis of Population, Household, Employment, and other community characteristics 1 Months $ 1,000 2.2 Identification of THRIVE Community Designation(s) and Related Policy 1 Months $ 2,000 2.3 Assessment of regional and national demographic, economic, and en- vironmental trends, issues, and opportunities 2 Months $ 2,000 3: Plan Development Chapters M. Martin $25,000 $ 35,000 3.1 Sustainability 2 Months S. Finwall $5,000 - 3.2 Housing and Economic Development 4 Months M. Martin $7,000 $ 5,000 3.3 Land Use 6 Months M. Martin $8,000 $ 5,000 3.4 Parks, Trails and Open Space Completed J. Taylor - - 3.5 Natural Resources 4 Months V. Gaynor $ 5,000 3.6 Transportation 4 Months S. Love $2,500 $ 7,500 3.7 Historical Resources 2 Months V. Gaynor $ 2,500 3.8 Surface Water 3 Months S. Love $2,500 $ 5,000 3.9 Sanitary Sewer 3 Months S. Love $ 5,000 4: Implementation Chapter M. Martin $ 5,000 4.1 Description of proposed programs, fiscal devices, and other strategies 2 Months $ 2,000 4.2 Implementation timeline 1 Months $ 1,000 4.3 Capital Improvements Program (CIP) On-going - 4.4 Description of relevant official controls, and schedule for any changes 1 Months $ 2,000 G3, Attachment 1Packet Page Number 68 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Approval of a Conditional Use Permit Review, Used-Car Sales at Maplewood Office Park, 1705 Cope Avenue Introduction The conditional use permit (CUP) for used auto sales at 1705 Cope Avenue is up for its annual review. Dennis Newcomb, of 4 Seasons Auto Sales, sought approval of a conditional use permit (CUP) to sell used cars out of the rental office in the northerly space of the easterly building. This item had been pulled from the agenda of an earlier council meeting due to unpaid fees with the citizen services department. Those issues have been satisfactorily addressed and the CUP review can proceed. Background April 8, 1976: The city council approved the development plans for the Maplewood Office Park. June 9, 2014: The city council approved a CUP to allow for used auto sales. September 14, 2015: The city council reviewed the CUP and agreed to review it again in one year. Discussion When the city council approved the CUP in 2014 it required the following site improvements: • Remove brush/debris pile along the west side of the property. • Remove all unapproved signs immediately. • Install a trash enclosure with a closeable (100 percent opaque) gate. • Restore existing “Maplewood Office Park” signage to visually presentable condition. Staff has worked with both the property owner and the applicant, Mr. Newcomb, throughout the last two years to address these issues. The debris has been cleared and a trash enclosure has been built. Temporary signs have been an on-going issue – not with Mr. Newcomb but with other tenants in the office park. The main freestanding sign facing Highway 36 has been restored but the “Maplewood Office Park” lettering has not been returned. Overall the site is improved. This fall, staff has been focusing on working with the property owner to restore the lettering on its main sign facing Highway 36 and to decrease the amount of G4 Packet Page Number 69 of 273 temporary signs posted on and near the property. Budget Impact None Recommendations Review the conditional use permit for 1705 Cope Avenue again in one year to check in on progress made regarding the sign issues. Attachments 1. Location Map 2. June 9, 2014 City Council Minutes G4 Packet Page Number 70 of 273 G4, Attachment 1 Packet Page Number 71 of 273 Seconded by Councilmember Cardinal Ayes – All The motion passed. 5. Approval of a Conditional Use Permit for Used-Car Sales at the Maplewood Office Park, 1705 Cope Avenue City Planner Martin gave the staff report and answered questions of the council. Planning Commissioner Trippler addressed the council to give the Planning Commission report. Applicant Dennis Newcomb addressed the council to give additional information and answer questions of the council. Councilmember Koppen moved to approve to approve the conditional use permit resolution to allow a used-car sales business located at 1705 Cope Avenue. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan date-stamped April 14, 2014 approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year after review and good-cause is shown. 3. The city council shall review this permit in one year. 4. The property owner shall prepare the site in the following manner to accommodate the added attention and traffic to the area (completed no later than 180 days from approval unless otherwise noted): • Remove brush/debris pile along the west side of the property. • Remove all unapproved signs immediately. • Install a trash enclosure with a closeable (100 percent opaque) gate. • Restore existing “Maplewood Office Park” signage to visually presentable condition. 5. New signs, if not in compliance with the comprehensive sign plan, shall be submitted to the community design review board as an amendment to the current sign plan. This approval must be obtained prior to the installation of any signs that do not comply with the current sign criteria. 6. No use of attention-getting advertising devices including, but not limited to: banners, flags, stingers, streamers or similar (unless they are allowed by the city’s sign ordinance). 7. A maximum of ten cars for sale at any one time. 8. All vehicles and the site shall always be kept in neat, clean and orderly condition. G4, Attachment 2 Packet Page Number 72 of 273 9. The allowed hours of operation shall be as follows: Monday through Friday from 10 a.m. to seven p.m.; Saturdays from 10 a.m. to six p.m. and Sundays closed. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Approval of the Following Requests for a Holiday Station Store, 1285 Cope Avenue East a. Approval of a Resolution for a Conditional Use Permit Revision to Allow a Motor Fuel Station to be Open 24 hours a Day and to Have a Reduced Proximity to a Residential District b. Approval of a Resolution for Building and Parking Lot Setback Variances c. Approval of Design Plans City Planner Martin gave the staff report and answered questions of the council. Planning Commissioner Trippler gave the Planning Commission report. Applicant Stephen Lins of Linn Companies addressed the council to give additional information and answer questions of the council. Public Works Director Thompson answered additional questions of the council. The following people spoke: 1. Ann Cleland, Maplewood Resident 2. Roger Franz, Maplewood Resident 3. Bob Zick, North St. Paul Resident Councilmember Cardinal moved to approve: 1. Adopt the resolution approving a conditional use permit revision for a major motor fuel station to be located at 1285 Cope Avenue. This CUP allows the Holiday Station Store to be open 24 hours a day and to be constructed closer than 350 feet to a residential district. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): a. Adherence to the site plan, dated May 27, 1988 date-stamped April 25, 2014, unless a change is approved by the City's Community Design Review Board City Council. Staff may approve minor changes. b. The right-turn lane proposed along English Street shall be subject to the City Engineer's and MnDOT’s approval. c. The applicant shall restripe repair any damage to the sidewalk and curbs along English Street and Cope Avenue, and widen it if necessary, to provide a left-turn lane for west-bound Highway 36, subject to the MnDOT’s and the City Engineer's approval. G4, Attachment 2 Packet Page Number 73 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Approval of a Conditional Use Permit Review, U-Haul, 2250 White Bear Avenue Introduction The conditional use permit (CUP) for U Haul, located at 2250 White Bear Avenue is due for its annual review. Background November 24, 2014, the city council approved a CUP allowing indoor storage in a commercial zoning district and the leasing of motor vehicles and a variance to lease trucks and trailers within 350 feet of residentially-zoned property. December 21, 2015, the city council reviewed the CUP and agreed to review again in one year. Discussion The nonconforming sign has been removed from the property and all screening between the abutting properties and U-Haul’s property is in place. The roof of the building has been replaced and the interior work is complete. Staff is not aware of any neighborhood concerns. Staff recommends reviewing this CUP again if a problem arises or a major change is proposed. Budget Impact None Recommendations Review the conditional use permit for 2250 White Bear Avenue again if a problem arises or a major change is proposed. Attachments 1. Overview Map 2. Site Plan 3. City Council Minutes, November 24, 2014 G5 Packet Page Number 74 of 273 This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not beaccurate, current, or otherwise reliable.© Ramsey County Enterprise GIS Division200.0THIS MAP IS NOT TO BE USED FOR NAVIGATIONNAD_1983_HARN_Adj_MN_Ramsey_FeetFeet200.00100.00NotesEnter Map DescriptionLegendCity HallsSchoolsHospitalsFire StationsPolice StationsRecreational CentersParcel PointsParcel BoundariesG5, Attachment 1 Packet Page Number 75 of 273 G5, Attachment 2 Packet Page Number 76 of 273 G5, Attachment 3 Packet Page Number 77 of 273 G5, Attachment 3 Packet Page Number 78 of 273 G5, Attachment 3 Packet Page Number 79 of 273 G5, Attachment 3 Packet Page Number 80 of 273 G5, Attachment 3 Packet Page Number 81 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Approval of a Conditional Use Permit Review, Plaza 3000 Shopping Center, 3000 White Bear Avenue Introduction The conditional use permit (CUP) for Plaza 3000, located at 3000 White Bear Avenue North, is due for review. In 2014, the city council approved a CUP to reduce the parking lot setback on the south side of the building by Lydia Avenue. The affected parking lot driveway is adjacent to the new dock addition recently constructed for the Hobby Lobby. Earlier this year, the city approved plans for ALDI to occupy the vacant space on the west side of the building. Background 1974: The city council approved plans for the Plaza 3000 Shopping Center. January 28, 2014: The community design review board approved the design plans for the addition of the Hobby Lobby at the Plaza 3000. May 12, 2014: The council approved a CUP for a reduced parking lot setback on the south side of the building by Lydia Avenue. May 26, 2015: The council agreed to review the CUP again in 6 months to ensure the trash containers on site are properly screened and that landscaping survived. December 21, 2015: The city council reviewed the CUP and agreed to review again in one year. August 3, 2016: The city approved design plans for ALDI to remodel the vacant space on the west end of the shopping center. Discussion The issues regarding previous CUP reviews have mainly dealt with having enough trash enclosures on site and placing the trash containers within said enclosures. These issues have largely been taken care of though the center is undergoing a significant transformation as the Golden Corral is prepping to take over the former Old Country Buffet space and ALDI will be remodeling the west end of the building. Golden Corral is set to open later this December and ALDI’s building permits have been issued and work is about to commence. Staff recommends checking back in one year to ensure trash containers are placed in the appropriate places. G6 Packet Page Number 82 of 273 Budget Impact None Recommendations Review the conditional use permit for Plaza 3000 again in one year to ensure all trash containers on site are properly screened as per city code. Attachments 1. Overview Map 2. Site Plan 3. City Council Minutes, May 12, 2014 G6 Packet Page Number 83 of 273 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye, i- cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 3000 White Bear Avenue - Plaza 3000 CUP Review - Overview Map G6, Attachment 1 Packet Page Number 84 of 273 G6, Attachment 2 Packet Page Number 85 of 273 Seconded by Councilmember Koppen Ayes – All The motion passed. 8. Approval of a Conditional Use Permit Resolution to Reduce the Parking Lot Setback for the Hobby Lobby Dock Addition at the Plaza 3000 Shopping Center, 3000 White Bear Avenue City Planner Ekstrand gave the staff report and answered questions of the council. Tom Schuette of Azure Properties addressed the council to give additional information and answer questions. Councilmember Cardinal moved to approve the conditional use permit resolution approving the plans for the widening of the Plaza 3000 Shopping Center parking lot on the south side of the building. This approval allows a parking lot setback reduction from 11.5 feet to six feet 10 inches. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All construction shall follow the site plan approved by the city date-stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The planting plan shall be subject to staff approval. Resolution 14-5-1067 Conditional Use Permit WHEREAS, Azure Properties has applied for a conditional use permit to reduce their parking lot setback on the south side of the building from the Lydia Avenue right-of- way. WHEREAS, Section 44-12 (e) of the city ordinances requires a conditional use permit to enlarge, reconstruct or structurally alter a non-confirming use. WHEREAS, this permit applies to the property located at 3000 White Bear Avenue. The legal description of this property is: G6, Attachment 3 Packet Page Number 86 of 273 That part of the South ½ of the Northeast ¼ of the Northwest ¼, lying southerly of the north line of Woodlynn Avenue, subject to Woodlynn Avenue, and lying easterly of White Bear Avenue as now located by Final Certificate recorded as Document Number 1813704, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. And The west 329.31 feet of the Northwest ¼ of the Northeast ¼ Section 2, Township 29 North, Range 22 West, except the north 1321.33 feet, thereof, City of Maplewood, Ramsey County, Minnesota. And Part of the south 640.00 feet of the north 1321.33 feet of the west 329.31 feet of the Northwest ¼, of the Northeast ¼, Section 2, Township 29 North, Range 22 West, City of Maplewood, Ramsey County, Minnesota. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2014, 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 approve this permit. 2. On May 12, 2014, 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. G6, Attachment 3 Packet Page Number 87 of 273 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. All construction shall follow the site plan approved by the city date- stamped March 27, 2014. Staff may approve minor changes. 2. The proposed parking lot widening shall be substantially started within one year of council approval of this permit shall be null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The property owner shall replace the six trees that would be removed due to this parking lot widening. They shall plant shrub varieties that grow tall enough to provide some screening, but not massive enough to have a substantial root spread that would interfere with nearby buried cables in the street boulevard. The property owner shall plant six planting groupings of three shrubs each (18 shrubs total) to replace the six trees to be removed. The shrubs shall be at least three feet tall upon planting. The planting plan shall be subject to staff approval. The Maplewood City Council approved this resolution on May 12, 2014. Seconded by Councilmember Koppen Ayes – All The motion passed. 9. Approval of a Conditional Use Permit Revision Resolution and Design Plans for Verizon Wireless Ground Equipment at Hillwood Drive and Sterling Street City Planner Ekstrand gave the staff report. Steven Wegland of Verizon Wireless addressed the council to give additional information and answer questions. Councilmember Cardinal moved to: A. Adopt the conditional use permit revision resolution approving the expansion of the cell phone and public safety communications facility at the St. Paul Regional Water Services water tower site at the corner of Hillwood Drive and Sterling Street. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined): G6, Attachment 3 Packet Page Number 88 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Approval of a Conditional Use Permit Review, St. Paul Hmong Alliance Church, 1770 McMenemy Street Introduction The conditional use permit (CUP) for the St. Paul Hmong Alliance Church is due for its annual review. Background On November 24, 1986, the city council granted a conditional use permit for a church at this location. On May 12, 1997, the city council approved a CUP revision and the design plans for this site. These requests were for the church to expand their building by adding space for Sunday school and a solarium to the front of the church. On July 8, 2002, the city council approved a CUP revision and design plans for this site. These requests were for the church to expand their parking lot to the south and to add a playground to their property. On December 12, 2011, the city council approved a CUP revision and design plans for this site. These requests were for the church to add onto the building, enlarge the parking lot and to provide a driveway connection to DeSoto Street. On December 10, 2012, December 9, 2013, November 24, 2014 and December 21, 2015 the city council approved the review and agreed to review it again in one year. Discussion Construction of the addition is complete. During last year’s staff inspection it was noted that some of the required landscaping had not survived and the trash enclosure on site still needed to be constructed. These items have been addressed. Staff is not aware of any neighborhood concerns regarding this project and it is recommended this CUP only be reviewed again if a problem arises or a major change is proposed. G7 Packet Page Number 89 of 273 Budget Impact None Recommendations Review the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again only if a problem arises or a major change is proposed. Attachments 1. Overview Map 2. City Council Minutes, December 12, 2011 G7 Packet Page Number 90 of 273 Packet Page Number 91 of 273 G7, Attachment 2 Packet Page Number 92 of 273 G7, Attachment 2 Packet Page Number 93 of 273 G7, Attachment 2 Packet Page Number 94 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Approval of a Conditional Use Permit Review – Maplewood Auto Mall, 2529 White Bear Avenue Introduction The conditional use permit for the Maplewood Auto Mall is due for its annual review. Background March 22, 1988: The community design review board approved the plans for the Maplewood Auto Center. This facility was developed as an automotive center for auto parts, sales, and vehicle repairs. April 24, 1989: The city council denied an appeal of two of the community design review board’s conditions for approval of the Maplewood Auto Center (Attachment 2) including: 1) The exit on White Bear Avenue shall have only one exit lane, a “no left turn” sign and stop sign; and 2) there shall be no outside storage or displays of products or merchandise. November 22, 1999: The city council approved a CUP for Credit Equity Sales to open a motor vehicle sales business for this location. In the year 2000, this permit was taken over by Midwest Auto. July 9, 2001: The city council approved a CUP for Credit Equity to reopen a motor vehicle sales business for this location. August 27, 2001: The city council approved a CUP for Alamo Car Rental to lease motor vehicles. April 22, 2003: The CDRB (community design review board) approved a comprehensive sign plan amendment and design review change. July 27, 2004: The CDRB approved changes to the property owner’s color scheme f or the larger building and its pylon sign. August 12, 2013: The city council approved a conditional use permit reviews and design review to convert the former gas station building on site to a used auto sales business. The council also combined the three active conditional use permits into a single permit. August 25, 2014: The city council reviewed the CUP for this site and agreed to review again in once year. G8 Packet Page Number 95 of 273 December 21, 2015: The city council approved a CUP revision and design plans for a 1,930 square foot building addition and expansion of the existing parking lot by nine spaces. Discussion The construction of the building addition and the parking lot is largely complete. Staff is recommending reviewing this CUP again in one year to ensure all conditions of approval are still being met and all required landscaping has survived. Staff is not aware of any neighborhood concerns. Budget Impact None Recommendations Review the conditional use permit for the Maplewood Auto Mall at 2529 White Bear Avenue again in one year to ensure all conditions of approval have been met and the required landscaping has survived. Attachments 1. Location Map 2. Site Plan 3. City Council Minutes, December 21, 2015 G8 Packet Page Number 96 of 273 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the GIS User Community, Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, City of Maplewood, Esri, HERE, DeLorme, TomTom, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 2529 White Bear Avenue - Maplewood Auto Mall CUP Amendment and Design Review - Overview Map Attachment 1G8, Attachment 1 Packet Page Number 97 of 273 A1xSITE PLANxROOF PLANDATE:NAME:REG NO:AIA18681NICHOLAS S. SPERIDESI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.SR4200 WEST OLD SHAKOPEE ROADSUITE 220BLOOMINGTON, MINNESOTA 55437PH: 952.996.9662FX: 952.996.9663WWW.SRARCHITECTSINC.COMCCOPYRIGHT 2015SPERIDES REINERS ARCHITECTS, INCISSUE:PROJECT NO:DRAWN BY:CHECKED BY:15-067T.I.N.S.MAPLEWOOD AUTO MALL ADDITION2529 WHITE BEAR AVE, MAPLEWOOD, MN 5510910.26.201510.26.2015 ISSUE FOR CITY SUBMITTALG8, Attachment 2Packet Page Number 98 of 273 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, December 21, 2015 Council Chambers, City Hall Meeting No. 24-15 A. NEW BUSINESS 1. Consider a Conditional Use Permit Amendment and Design Review, Maplewood Auto Mall, 2529 White Bear Avenue Economic Development Coordinator Martin gave the staff report. Commissioner Kempe gave the reports from the Planning Commission and Community Design Review Board. Nick Sperides, applicant from Maplewood Auto Mall addressed the council to answer questions and give additional information. Councilmember Koppen moved to approve the resolution approving a conditional use permit amendment for auto repair, auto detailing, auto rental, used auto sales, auto washing and expansion of a nonconforming parking lot at 2529 White Bear Avenue. Approval is based on the findings required by the code and subject to the following conditions: 1. All building expansion improvements for the Maplewood Auto Mall (Cooper Motors) shall follow the plans, date-stamped October 26, 2015. The applicant shall meet the requirements of the city engineer report, dated November 9, 2015 and the environmental planner report, dated November 10, 2015. The director of the environmental and economic development department may approve minor changes. 2. The property owner shall comply with the signage requirements of the city code and the auto center’s sign criteria. 3. Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. 4. All vehicles on-site shall be operational. 5. Ensure that there is no illegal parking on the site including no parking on the grass and no stacking of vehicles (i.e., two vehicles to one stall). 6. Ensure that the entire site is cleared of trash including all illegally dumped material located within the drainage ditch behind the auto mall. 7. Ensure that trash dumpsters are placed inside enclosures at all times. 8. Ensure that the site is in compliance with the city’s temporary sign ordinance including obtaining a sign permit for all temporary signs over 12 square feet and only allowing one temporary sign per business located within the center. 9. Ensure that all landscaped areas are maintained including removing all weeds from the landscaped area around the base of the center’s pylon sign. G8, Attachment 3 Packet Page Number 99 of 273 10. There shall be no parting-out of vehicles outside the building and left in the parking lot. 11. Auto salvage businesses are prohibited from operating at this site. 12. The parking lot shall be kept clear of junk and dirt. 13. All service work that is needed on vehicles shall be completed inside a proper service garage. All garage doors shall be closed anytime vehicle repair work is in progress. 14. There shall be an after-hours contact person on record with the city’s emergency dispatcher. 15. If the building occupancy changes, the property owner shall comply with all applicable code requirements relative to the new building use. A building permit may then be required. 16. Verify that the parking on-site does not obstruct fire department access for their trucks. 17. All tenants at the Maplewood Auto Center must adhere to the parking plan, dated November 17, 2015, as submitted by the property owner to city staff. A parking plan needs to be filed with city staff at all times indicating the property is meeting the minimum parking requirements and how the spaces are allocated to each tenant. A new parking plan shall be filed any time a suite changes use or the building is physically altered in any way. A new plan shall be filed with the city reflecting the expansion of the existing parking lot. 18. Parking in the center of the canopy, adjacent to the 2529 building, shall be for inventory only. A no customer parking sign shall be posted. 19. The city council shall review this permit in one year. 20. The property owner shall provide city staff a plan for trash removal or design plans for a new enclosed structure for the 2529 building, subject to the city’s design review process. 21. The property owner or manager is responsible for compliance of all conditions listed in this permit. If any tenant is found out of compliance the city will notify the property owner or manager in order to rectify the situation. 22. The expanded nonconforming parking lot shall maintain its existing setback. Resolution CONDITIONAL USE PERMIT RESOLUTION WHEREAS, this permit for the Maplewood Auto Mall allows auto repair, auto detailing, auto rental, used auto sales, auto washing and the expansion of a nonconforming parking lot. WHEREAS, this permit applies to property located at 2529 White Bear Avenue. The legal description is: G8, Attachment 3 Packet Page Number 100 of 273 Lot I, Block 1, Maple Ridge Mall, according to the recorded plat thereof, Ramsey County, Minnesota, together with that part of Lot 2, said Block I, lying north of the westerly extension of the south line of said Lot 1. Which lies easterly and northerly of a line described as beginning at the northwest comer of said Lot 1; thence on an assumed bearing of South 89 degrees 25 minutes 17 seconds West, along the north line of said Lot 2, a distance of 136.21 feet to the point of beginning of the line to be described; thence South 0 degrees 42 minutes 53 seconds East 163.86 feet; thence North 89 degrees 14 minutes 53 seconds East 299.59 feet to the easterly line of said Lot I and said line there terminating. (PIN 11-29-22-22-0043) WHEREAS, the history of this conditional use permit is as follows: 1. On November 17, 2015, the planning commission held a public hearing and recommended that the city council approve this permit. 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 also considered reports and recommendations of the city staff. 2. On December 21, 2015, the city council reviewed this proposal. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approved this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 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 not exceed the design standards of any affected street. 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 no more than minimal adverse environmental effects. G8, Attachment 3 Packet Page Number 101 of 273 Approval is subject to the following conditions: 1. All building expansion improvements for the Maplewood Auto Mall (Cooper Motors) used auto sales business shall follow the plans, date-stamped October 26, 2015 approved by the city. The applicant shall meet the requirements of the city engineer report, dated November 9, 2015 and the environmental planner report, dated November 10, 2015. The director of community development the environmental and economic development department may approve minor changes. 2. The property owner shall comply with the signage requirements of the city code and the auto center’s sign criteria. 3. Fire protection systems (fire extinguishers and a sprinkler system) shall meet all requirements of the code. These systems shall be approved and installed before the applicant begins his business. 4. All vehicles on-site shall be operational. 5. Ensure that there is no illegal parking on the site including no parking on the grass and no stacking of vehicles (i.e., two vehicles to one stall). 6. Ensure that the entire site is cleared of trash including all illegally dumped material located within the drainage ditch behind the auto mall. 7. Ensure that trash dumpsters are placed inside enclosures at all times. 8. Ensure that the site is in compliance with the city’s temporary sign ordinance including obtaining a sign permit for all temporary signs over 12 square feet and only allowing one temporary sign per business located within the center. 9. Ensure that all landscaped areas are maintained including removing all weeds from the landscaped area around the base of the center’s pylon sign. 10. There shall be no parting-out of vehicles outside the building and left in the parking lot. 11. Auto salvage businesses are prohibited from operating at this site. 12. The parking lot shall be kept clear of junk and dirt. 13. All service work that is needed on vehicles shall be completed inside a proper service garage. All garage doors shall be closed anytime vehicle repair work is in progress. 14. There shall be an after-hours contact person on record with the city’s emergency dispatcher. 15. If the building occupancy changes, the property owner shall comply with all applicable code requirements relative to the new building use. A building permit may then be required. 16. Verify that the parking on-site does not obstruct fire department access for their trucks. G8, Attachment 3 Packet Page Number 102 of 273 17. All tenants at the Maplewood Auto Center must adhere to the parking plan, dated July 8, 2013 November 17, 2015, as submitted by the property owner to city staff. A parking plan needs to be filed with city staff at all times indicating the property is meeting the minimum parking requirements and how the spaces are allocated to each tenant. A new parking plan shall be filed any time a suite changes use or the building is physically altered in any way. A new plan shall be filed with the city reflecting the expansion of the existing parking lot. 18. Parking in the center of the canopy, adjacent to the 2529 building, shall be for inventory only. A no customer parking sign shall be posted. 19. The city council shall review this permit in one year. 20. The property owner shall provide city staff a plan for trash removal or design plans for a new enclosed structure for the 2529 building, subject to the city’s design review process. 21. The property owner or manager is responsible for compliance of all conditions listed in this permit. If any tenant is found out of compliance the city will notify the property owner or manager in order to rectify the situation. 22. The expanded nonconforming parking lot shall maintain its existing setback. Councilmember Koppen moved to approve the design plans date-stamped October 26, 2015 for the building addition and expansion of the nonconforming parking lot for the site located at 2529 White Bear Avenue. Approval is subject to the following conditions: 1. Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes. 2. The applicant’s proposed addition to the parking lot shall not be any closer to the north property line than the setback established by the existing parking lot. 3. The building materials and colors used for the building addition shall match the materials and colors for the existing building. 4. The additional parking spaces shall be striped per ordinance requirements. 5. Prior to issuance of a grading or building permit, the applicant must submit a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 125 percent of the cost of the work. 6. Satisfy the requirements set forth in the staff report authored by staff engineer Jon Jarosch, dated November 9, 2015. 7. Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated November 10, 2015. Seconded by Councilmember Juenemann Ayes – All The motion passed. G8, Attachment 3 Packet Page Number 103 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works Ellen Paulseth, Director of Finance DATE: November 21, 2016 SUBJECT: Approval of Resolution Authorizing Final Financing Plan, Highway 36/English Street Interchange Improvements, Project 09-08 Introduction The City Council will consider approving the final financing plan for Highway 36/English Street Interchange Improvements, City Project 09-08, which will ensure revenues match total expenditures to allow for closure of project fund. Background/Discussion The City Council awarded a construction contract to Forest Lake Contracting, Inc. on January 28, 2013. Since that time the infrastructure project was completed and all property acquisitions are now settled. The final payment and acceptance of the project was approved by City Council on March 14, 2016. The City Council has been aware of the increased expenditures due to construction and costly property acquisition/purchases. City staff has been working over the past year and a half securing additional revenues from MnDOT and other partners. As an example, an additional $1.8 million was secured from MnDOT after negotiations this past year. The City has received $1.1 million of this to date, with the remainder shown in the final revenue column on Table 1, expected to be received in the coming months. Budget Impact The total project expenditures are $26,800,000.00 and Table 1, on the following page, provides a summary of the proposed adjusted final revenues compared to currently booked revenues: G9 Packet Page Number 104 of 273 The initial report of Municipal State Aid (MSA) funds was submitted at the beginning of the project and the City received a $545,971 advance. The final report of state aid will be submitted to reflect all locally eligible state aid construction costs in addition to a 25% allocation for indirect/engineering costs. Additionally, the City’s enterprise funds are showing an adjustment to reflect additional project costs as these funds were not previously adjusted to reflect the approved contract amendments approved by the City Council through change orders and supplemental agreements. A portion of these enterprise fund adjustments will come from older project funds where a positive balance remains and can be transferred (2011 Storm Fund and Wicklander Pond Fund). A $500,000 LGA transfer is proposed in 2018 as the final transfer to close the entire project deficit, which is reflected in Table 1. Recommendation It is recommended that the City Council approve the attached resolution implementing the final financing plan for the Highway 36/English Street Interchange Improvements, City Project 09-08. Attachments 1. Resolution Authorizing Final Financing Plan FUNDING SOURCE Curr. Booked Revenue Prop. Final Revenue Federal STP Interchange $8,083,335 $8,083,335 Federal STP Water Quality $295,329 $295,329 MnDOT State Road Construction (SRC)$5,069,397 $5,633,117 MnDOT Cooperative Agreement $500,000 $500,000 MnDOT Contribution for ROW Acquisitions $1,723,000 $1,723,000 Trasp. & Econ. Dev. (TED) DEED Grant $1,000,000 $1,000,000 Ramsey County $929,457 $929,457 St. Paul Regional Water Services $886,051 $886,051 Ramsey-Washington Metro Watershed District $519,998 $519,998 Environmental Utility Fund $162,000 $328,000 St. Paul WAC Fund $150,000 $344,790 Sanitary Sewer Utility $100,000 $175,000 Bond Sale Proceeds $1,526,150 $1,526,150 Special Assessments $936,028 $936,028 Municipal State Aid Funds $545,971 $2,064,036 Local Government Aid $530,709 $1,030,709 Transfers In $600,000 $600,000 Anticipated Land Re-Sale (County B/TH 61)$0 $225,000 TOTAL $23,557,425 $26,800,000 TABLE 1 G9 Packet Page Number 105 of 273 RESOLUTION AUTHORIZING FINAL FINANCING PLAN CITY 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, On April 4, 2012 the City Council ordered the public improvements to the Highway 36/English Street Interchange Improvements and established a project budget of $22,997,000.00, and WHEREAS, On November 26, 2012 the City Council adopted a resolution adjusting the project budget for the Highway 36/English Street Interchange Improvements to $22,358,000.00, and WHEREAS, On January 28, 2013 the City Council adopted a resolution awarding a construction contract to Forest Lake Contracting, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The final financing plan reflects increased construction costs and property acquisitions previously approved by the City Council through separate action and the final projected project budget reflecting total expenditures is hereby $26,800,000.00, and 2. Furthermore, the finance director is hereby authorized to make the necessary adjustments and transfers to reflect total proposed revenues listed below: Approved this 28 day of November, 2016 by the Maplewood City Council. FUNDING SOURCE Prop. Final Revenue Federal STP Interchange $8,083,335 Federal STP Water Quality $295,329 MnDOT State Road Construction (SRC)$5,633,117 MnDOT Cooperative Agreement $500,000 MnDOT Contribution for ROW Acquisitions $1,723,000 Trasp. & Econ. Dev. (TED) DEED Grant $1,000,000 Ramsey County $929,457 St. Paul Regional Water Services $886,051 Ramsey-Washington Metro Watershed District $519,998 Environmental Utility Fund $328,000 St. Paul WAC Fund $344,790 Sanitary Sewer Utility $175,000 Bond Sale Proceeds $1,526,150 Special Assessments $936,028 Municipal State Aid Funds $2,064,036 Local Government Aid $1,030,709 Transfers In $600,000 Anticipated Land Re-Sale (County B/TH 61)$225,000 TOTAL $26,800,000 TABLE 1 G9, Attachment 1 Packet Page Number 106 of 273 H1 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Karen Haag , Citizen Services Director Regan Beggs, Business License Specialist DATE: November 16, 2016 SUBJECT: Consider Approval of an Ordinance Amending Chapter 6, Article II Regulating 3.2 Percent Malt Liquors and Article III Regulating Intoxicating Liquors – First Reading Introduction: Recent amendments to MN Statute §340A has brought to staff's attention that current City Code regulating Alcoholic Beverages contains conflicting language. W hile it is in the City’s power to enact local ordinances that are more restrictive than state requirements, in an attempt to create a level of consistency for our license holders, who must navigate both state and local regulations, staff is requesting Council’s approval to amend Chapter 6 (Alcoholic Beverages) to reflect current State guidelines. Proposed changes to the ordinance will include: 1. Increasing the allowable percentage of wine sold on-sale from 14 percent to 24 percent. 2. Changing the time that 3.2 percent malt liquor may be sold on Sundays from 12 p.m. to 10 a.m. 3. Changing the time that on-sale of intoxicating liquor may be sold on Sundays from 10 a.m. to 8 a.m. This is applicable to a restaurant, club, bowling center, or hotel with a seating capacity for at least 30 persons and which holds an on-sale intoxicating liquor license. 4. Including language that regulates liquor sales at the Maplewood Community Center, under operation of the YMCA. Recommendation Staff recommends Council approve the first reading of proposed amendments to Chapter 6, Article II Regulating 3.2 Percent Malt Liquors and Article III Regulating Intoxicating Liquors Attachments 1. Ordinance Amendment of Chapter 6, Article II Regulating 3.2 Percent Malt Liquors and Article III Regulating Intoxicating Liquors Packet Page Number 107 of 273 H1, Attachment 1 ARTICLE II. - 3.2 PERCENT MALT LIQUORS DIVISION 1. - GENERALLY Sec. 6-36. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage containing more than one-half of one percent alcohol by volume. Bona fide club means an organization organized for social purposes, for business purposes, for intellectual improvement, or for the promotion of sports where the serving of 3.2 percent malt liquor is incidental to and not the main purpose of the club. Intoxicating liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Off-sale means the sale of 3.2 percent malt liquor for consumption off the premises only. Person includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also a municipal liquor store. Sale, sell, and purchase include all barters, exchanges, gifts, sales, purchases and other means used to obtain or furnish liquor as above described, directly or indirectly, in violation or evasion of this article, but does not include sales by state license liquor wholesalers selling to licensed retailers. 3.2 percent malt liquor means malt liquor containing not less than one-half of one percent of alcohol by volume and no more than 3.2 percent of alcohol by weight. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.101, subd. 19. Sec. 6-37. - Hours of sale and consumption. (a) No 3.2 percent malt liquor shall be sold in the city between 2:00 a.m. and 12:00 noon10:00 a.m. on Sundays. (b) No on-sale licensee shall permit 3.2 percent malt liquor to be consumed on the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be allowed a 30-minute period following the 2:00 a.m., closing hour to clear the premises of customers who are on the premises at 2:00 a.m., and such customers during that time may consume 3.2 percent malt liquor beverages purchased by them before 2:00 a.m., Minn. Stats § 340A.504, subd. 6. (Ord. No. 875, 10-23-2006) State Law reference— Sales of non-intoxicating malt liquor, closing hours, Minn. Stats. § 340A.504, subds. 1, 2. Secs. 6-38—6-65. - Reserved. Page 1 Packet Page Number 108 of 273 H1, Attachment 1 DIVISION 2. - LICENSES Sec. 6-66. - Persons eligible to be issued licenses. A license required under this division may be issued only to a person who is a citizen of the United States or a resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the manager of the establishment for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes, but is not limited to, reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (Ord. No. 875, 10-23-2006) Sec. 6-67. - Required to sell at retail; types of licenses. Except as provided in this section, it is unlawful to sell 3.2 percent malt liquors at retail in the city except when licensed under this division. Three types of licenses are issued for the sale of 3.2 percent malt liquors as follows: (1) Annual on-sale license permits the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises, and the license fee is fixed by the city council and paid to the city. On-sale licenses are granted only to drugstores, restaurants, hotels, bona fide clubs, and establishments for the sale of 3.2 percent malt beverages and soft drinks at retail. A club or charitable, religious, or nonprofit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor on and off school grounds and in and out of schoolhouses and school buildings. Temporary licenses are subject to such terms, including a license fee, as the city council prescribes. Temporary 3.2 percent malt liquor licenses for nonprofit organizations may be approved by the city manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. State Law reference— Similar provisions, Minn. Stats. ch. 340A. (2) Annual off-sale licenses permit the licensee to sell 3.2 percent malt liquors in the original packages for consumption off the premises only. (Ord. No. 875, 10-23-2006) Sec. 6-68. - Ineligible persons. (a) No license required under this division may be issued to a person who has had an intoxicating liquor or non-intoxicating liquor license revoked within five years of the license application. Page 2 Packet Page Number 109 of 273 H1, Attachment 1 (b) In addition, no new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage or of a felony crime. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.301, subd. 4. Sec. 6-69. - Ineligible premises. (a) No on-sale or off-sale 3.2 percent malt beverage license may be issued under this division to premises licensed as a motor fuel station, internal motor fuel station, major motor fuel station or truck stop, as defined in section 44-512. (b) No 3.2 percent malt liquor license may be issued under this division for premises located within an area wherein such use of the premises is prohibited by chapter 44, which pertains to zoning, nor within an area where such sales are forbidden by state law or any other ordinance of the city. (Ord. No. 875, 10-23-2006) Sec. 6-70. - Duration. Except for a temporary on-sale license issued under this division, all licenses issued under this division run for a calendar year from January 1. If issued for a shorter period than one year, the license fee shall be prorated on a quarterly basis. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.301, subd. 5. Sec. 6-71. - Notice to city of stock transfers and change in officers of corporate holders. No corporation to which a license has been granted under this division may transfer any stock in such corporation without notification to the city. It is the duty of the officers of a corporation holding a license issued under this division to notify the city of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of any stock shall be effective without the knowledge of the city. The transfer of any stock without the knowledge of the city shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation under this division or any other licensing ordinance of the city under which such corporation has received a license from the city. Such corporation officers shall also notify the city whenever any change is made in the officers of any such corporation, and the failure to so notify the city shall likewise be sufficient cause for revocation of a license issued to such corporation. (Ord. No. 875, 10-23-2006) Sec. 6-72. - Unlawful possession of intoxicating liquor on licensed premises. Page 3 Packet Page Number 110 of 273 H1, Attachment 1 It is unlawful for a person licensed under this division but not licensed to sell 3.2 percent malt liquor and intoxicating liquor, or for any of the person's agents or employees to possess on premises licensed under this division intoxicating liquor, as defined in Minn. Stats. § 340A.101, the purpose of consumption by anyone. (Ord. No. 875, 10-23-2006) Sec. 6-73. - Notice to council of conviction of licensee of violation of article. It is the duty of the police department to notify the council whenever a person licensed under this division is convicted of a violation of this article. Such conviction shall be deemed sufficient reason for the council to revoke a license issued to such convicted person under this division. (Ord. No. 875, 10-23-2006) Sec. 6-74. - Application. (a) A person seeking a license under this division must apply to the city for the license by filing a written application with the city clerk. The city clerk must present the application to the police chief for review and to meet with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to this article. The clerk will also forward the applicant information to the community development department for zoning review and to the fire marshal for inspection of the premises where applicable. An application must contain the following: (1) The applicant's full name, date of birth and place of residence. (2) The exact location of the place at which the applicant proposes to sell 3.2 percent malt liquors. (3) Whether the applicant has ever previously been engaged in the business of selling 3.2 percent malt liquors or in the business of selling foodstuffs in the city, and if so, when and where. (4) The signature of the applicant or of an officer of a club seeking a license or of an officer of a corporation seeking a license. (b) Licenses for 3.2 percent malt liquors are approved administratively by the city manager or his designee and may be forwarded to the city council for approval at the discretion of the city manager or if the license holder has failed an alcohol compliance check during the license period. (Ord. No. 875, 10-23-2006) Sec. 6-75. - Inspections of premises. The applicant for a license under this division must permit the appropriate officers of the city, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought. A refusal by the applicant to permit any such inspection shall be deemed as sufficient grounds for the council to refuse to issue the license applied for. Page 4 Packet Page Number 111 of 273 H1, Attachment 1 (Ord. No. 875, 10-23-2006) Secs. 6-76—6-105. - Reserved. ARTICLE III. - INTOXICATING LIQUORS DIVISION 1. - GENERALLY Sec. 6-106. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Club means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes; for intellectual improvement; or for the promotion of sports, or a congressionally chartered veterans' organization, which: (1) Has more than 50 members. (2) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members. (3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wage fixed and voted each year by the governing body. Intoxicating liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Limited off-sale means the sale of vinous or malt liquor in retail stores and in original packages containing not less than 3.2 percent alcohol or four percent by volume and not more than 24 percent of alcohol by volume for consumption off the premises where sold. Off-sale means the sale of liquor in original packages in retail stores for consumption off the premises where sold. On-sale means the sale of liquor by the glass or by the drink for consumption on the premises only pursuant to such regulations as the state commissioner of public safety may prescribe. Package and original package mean a corked or sealed container holding liquor. Restaurant means an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Sale, sell and sold mean all barters and all manner or means of furnishing intoxicating liquor, including such furnishing in violation or evasion of law. (Ord. No. 875, 10-23-2006) State Law reference— Similar definitions, Minn. Stats. ch. 340A., Intoxicating Liquor Act, Minn. Stats. ch. 340A. Page 5 Packet Page Number 112 of 273 H1, Attachment 1 Sec. 6-107. - Inapplicability. This article does not apply to the following: (1) Persons issued licenses by the commissioner of public safety pursuant to Minn. Stats. § 340A.316 for the importation and sale of wine exclusively for sacramental purposes; (2) Medicines intended for therapeutic purposes and not intended as a beverage; (3) Industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or industrial purposes; or (4) Nonpotable compounds or preparations containing alcohol. (Ord. No. 875, 10-23-2006) State Law reference— Authority for above section and similar provisions, Minn. Stats. §§ 340A.316, 340A.906. Sec. 6-108. - Unlawful sale, furnishing or delivery to certain persons. No person may sell, furnish or deliver in the city intoxicating liquor for any purpose to a person: (1) Under the age of 21 years. (2) Who is obviously intoxicated. (3) To whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. §§ 340A.502, 340A.503. Sec. 6-109. - Reserved. Sec. 6-110. - Sales to be in public view. All sales of intoxicating liquor in the city allowed under this article must be made in full view of the public. (Ord. No. 875, 10-23-2006) Sec. 6-111. - Sales made where prohibited. No person may sell intoxicating liquor in the city in a place or in a part of a building where the sales are prohibited by state law or this article. (Ord. No. 875, 10-23-2006) Sec. 6-112. - Drinking in public place—Outside events. Page 6 Packet Page Number 113 of 273 H1, Attachment 1 (a) No person may drink intoxicating liquor in a place open to the public within the city, nor may the proprietor or manager of a public place, if it is a building structure, permit such drinking on the premises. (b) This section does not prohibit persons from drinking intoxicating liquor in a building licensed under this article for on-sale sales. However, persons are permitted to drink only in the portion of that building constituting the licensed premises and only within the hours when sales of intoxicating liquors are permitted and for a period of one-half hour thereafter. (c) An exception to this section is hereby authorized to allow on-sale license holders to host up to two outside events, pursuant to an application and receipt of a permit therefor, which events may include the drinking of intoxicating liquor, wine, or 3.2 percent malt liquor outside, but upon, their licensed premises. The following apply with respect to such events: An outside event shall mean an individual, distinctive cultural, social, educational or recreational occasion, not exceeding 96 hours total duration and not recurring within the same calendar year. (Ord. No. 875, 10-23-2006) Sec. 6-113. - License required. (a) It is unlawful for a person to sell intoxicating liquor for consumption at any time or place within the corporate city limits without first having obtained a license as provided in this article. (b) It is unlawful for a person, directly or indirectly, upon any pretense or by any device, to keep for sale or to possess for the purpose of sale intoxicating liquor, without first having obtained from the city a license to sell intoxicating liquor. (Ord. No. 875, 10-23-2006) Sec. 6-114. - Tax stamps or labels on containers. (a) It is unlawful for a person to possess intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law. (b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use. (c) Fermented malt beverages containing more than 3.2 percent of alcohol by weight or four percent by volume, having the required amount of tax stamps as required by state law on the container thereof or the case in which the beverages are contained are not subject to this section. (d) This section does not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, into a cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having state tax stamps thereon is not a violation of this section, if the liquor in the bottle or container was poured from a bottle or container having thereon the required state tax stamps and labels, provided that the bottle or container into which such liquor is poured is not larger than one quart in size. No person may possess more than two such unstamped bottles. (Ord. No. 875, 10-23-2006) Page 7 Packet Page Number 114 of 273 H1, Attachment 1 Sec. 6-115. - Retail sale for beverage purposes of ethyl alcohol or neutral spirits. No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits or substitutes thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section prohibits the manufacture or sale of other products obtained by the use of ethyl alcohol or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article II, Standards of Identity for Distilled Spirits. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.506. Sec. 6-116. - Hours of sale. (a) No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) Between 2:00 a.m. (if licensee has a 2:00 a.m. license issued by the state commissioner of public safety) and 8:00 a.m. on the days of Monday through Sunday (if licensee has a Sunday license approved by the city council). (2) On Sundays (b) No sale of intoxicating liquor may be made by an off-sale licensee: (1) On Sundays; (2) Before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday; (3) On Thanksgiving Day; (4) On Christmas Day, December 25; or (5) After 8:00 p.m. on Christmas Eve, December 24. (Ord. No. 875, 10-23-2006) State Law reference— Hours and days of sale, Minn. Stats. § 340A.504, subd. 4. Sec. 6-117. - Persons eligible for issuance of licenses. (a) A license under this article may be issued only to a person who is a citizen of the United States or resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the proprietor of the establishment for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (b) The city has the following types of intoxicating liquor licenses: Page 8 Packet Page Number 115 of 273 H1, Attachment 1 Class A - required to maintain at least 60 percent annual gross sales in nonliquor-related items. Class B - required to maintain at least 30 percent—59 percent annual gross sales in nonliquor-related items. Class C - establishments are exempt from the percentage of gross sales in nonliquor-related sales but must meet state statute requirements for Sunday sales. At the earliest practicable time after application is made for a renewal of an on-sale intoxicating liquor or wine license and, in any event, prior to the time that the application is approved by the council, the applicant shall file with the city clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales for the preceding 12- month period beginning January 1 and ending on December 31. A foreign corporation shall also file a current certificate of authority. New license holders are to provide the first full year of sales as soon as is practicable. Exceptions to this are bowling centers and golf courses that are permitted to include in their 60 percent gross profit receipts, vending machine sales, bowling and golfing activities and other recreational activities and sales including, but not limited to, bowling, bowling equipment, golfing, golf equipment, arcade games and billiards. (Ord. No. 797B, § 1, 7-26-1999; Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.402. Sec. 6-118. - Persons ineligible for issuance of license. (a) No license required under this article may be issued to a person who has had an intoxicating liquor or non-intoxicating liquor license revoked within five years of the license application. (b) No new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The section also applies to current license holders sanctioned pursuant to this article. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.402. Sec. 6-119. - Investigations of on-sale applicants for issuance or renewal of license. (a) The city shall, upon initial application under this article for an on-sale license forward the application to the police chief for a background and financial investigation. The application must be in the form prescribed by the state bureau of criminal apprehension and with any additional information as the city council requires. In addition, an investigation may be required prior to renewal of an existing on-sale license when the city council deems it in the public interest. (b) No on-sale license may be issued or renewed under this article if the results of the investigation show that issuance or renewal would not be in the public interest. The findings of the investigation will then be forwarded to the city council for approval or denial. (Ord. No. 875, 10-23-2006) Page 9 Packet Page Number 116 of 273 H1, Attachment 1 State Law reference— Similar provisions, Minn. Stats. § 340A.412, subd. 2. Sec. 6-120. - Location restrictions. (a) No license may be issued under this article for premises located within areas restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except that licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant. (b) No license may be issued contrary to the provisions of any ordinance or any special law restricting areas within which intoxicating liquor may be sold. (c) No license may be issued under this article for premises or places in which the sale or use of intoxicating liquor is prohibited by Minn. Stats. ch. 340A. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.412, subd. 4. Sec. 6-121. - Denial of license to person in connection with premises of another. An intoxicating liquor license may not be issued under this article to a person in connection with the premises of another to whom a license could not be issued under Minn. Stats. ch. 340A. This section does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a noncitizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of Minn. Stats. ch. 340A. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.412, subd. 5. Sec. 6-122. - One license for any one person or premises; possession of interest in more than one license in off-sale. (a) No more than one off-sale intoxicating liquor license may be directly or indirectly issued under this article to any one person or for any one place in the city. (b) It is unlawful for a person to knowingly have or possess a direct or indirect interest in more than one off-sale intoxicating liquor license in the city. Upon conviction therefor the city council may immediately revoke all licenses of the person. The term "interest", as used in this subsection, shall be defined in Minn. Stats. § 340A.412, subd. 3. (Ord. No. 875, 1-23-2006; Ord. No. 946, 3-23-2015) Editor's note— Ord. No. 946, adopted March 23, 2015, amended § 6-122 in its entirety to read as set out herein. Former § 6-122 pertained to one license for any one person or premises; possession of interest in more than one license and derived from Ord. No. 875, adopted Oct. 23, 2006. State Law reference— Similar provisions, Minn. Stats. §§ 340A.301, subd. 7, 340A.412, subd. 3. Page 10 Packet Page Number 117 of 273 H1, Attachment 1 Sec. 6-123. - Posting of licenses. A license issued under this article must be posted in a conspicuous place in the premises for which it is issued. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.410, subd. 4. Sec. 6-124. - Licenses for drugstores. No license may be issued under this article to a person operating a drugstore unless the person has operated it for at least two years or has purchased a drugstore that has been in continuous operation for two or more years. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.412, subd. 7. Sec. 6-125. - Issuance of federal permit as condition to license issuance. No license granted under this article shall be effective until a permit is issued to the licensee under the laws of the United States, if such a permit is required under the laws of the United States. (Ord. No. 875, 10-23-2006) Sec. 6-126. - Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age requirements for employees. (a) A licensee under this article is responsible for the conduct of the licensee's place of business and for conditions of sobriety and order therein. (b) No licensee under this article may keep, possess or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, a slot machine, dice or any gambling device or apparatus, nor permit any gambling therein. However, gambling devices may be kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the city pursuant to Minn. Stats. ch. 349. (c) The following acts or conduct on licensed premises are unlawful and shall be cause for revocation of the license: (1) To employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. (2) To employ or use the services of any hostess while such hostess is unclothed or in such attire, costume or clothing as described in subparagraph (1) above. Page 11 Packet Page Number 118 of 273 H1, Attachment 1 (3) To encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any person. (4) To permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. (5) To permit any person to perform acts of or acts which simulate: a. With or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. Masturbation or bestiality. c. With or upon another person the touching, caressing or fondling on the buttocks, anus, genitals or female breast. d. The displaying of the pubic hair, anus, vulva, genitals or female breast below the top of the areola. (6) To permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities described above. (7) To permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus. (8) To permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting: a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. Any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. Scenes wherein a person displays the vulva or the anus or the genitals. d. Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. (d) No person under 18 years of age may be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on-sale, except that persons under 18 years may be employed as musicians or to perform the duties of a busperson or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on-sale. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.412, subd. 10. Sec. 6-127. - Operation of coin-operated amusement devices by minors in barrooms. Coin-operated amusement devices may not be used by a person under the statutory age of majority in an intoxicating liquor dispensing barroom in the city licensed under this article. (Ord. No. 875, 10-23-2006) Sec. 6-128. - Reserved. Page 12 Packet Page Number 119 of 273 H1, Attachment 1 Sec. 6-129. - Transfer of license; transfer of corporate stock; change of corporate officers. (a) No license granted under this article may be transferred from person to person or from place to place without the consent of the city. (b) Where a license is held by a corporation, a change in ownership of ten percent or more of the stock of the corporation must be reported in writing to the city within ten days of the transfer. (c) The transfer of stock in a corporate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock may be made without the consent of the city. It is the duty of the officers of a corporation holding a license issued under the authority of this article to notify the city of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the city given in the manner set forth in this section. The transfer of any stock without the knowledge and consent of the city shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation under the authority of this article. (d) Such corporate officers mentioned in subsection (c) of this section must notify the city whenever any change is made in the officers of the corporation. Failure to so notify the city is likewise sufficient cause for revocation of a liquor license granted to such corporation. (Ord. No. 875, 10-23-2006) Sec. 6-130. - Suspension or revocation of licenses. (a) The city council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions on a finding that the license or permit holder has: (1) Sold alcoholic beverages to another retail licensee for the purpose of resale; (2) Purchased alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducted or permitted the conduct of gambling on the licensed premises in violation of the law; (4) Failed to remove or dispose of alcoholic beverages when ordered by the state commissioner of public safety to do so under Minn. Stats. § 340A.508, subd. 3; or (5) Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. (b) No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under Minn. Stats. §§ 14.57—14.69, but nothing in this section requires the city to conduct the hearing before an employee of the state office of administrative hearings. Imposition of a penalty or suspension by either the city or the state commissioner of public safety does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. Imposition of civil penalty does not preclude charging under appropriate criminal statutes by city, county, state or federal agencies. (Ord. No. 875, 10-23-2006) Page 13 Packet Page Number 120 of 273 H1, Attachment 1 Sec. 6-131. - Temporary liquor licenses for nonprofit organizations. Notwithstanding any other section of this chapter, a club or charitable, religious, or other nonprofit organization in existence for at least three years may obtain an on-sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may authorize on-sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on-sale intoxicating liquor license issued by the city. The fee for such license shall be established by the city council from time to time. The city may not issue more than three four-day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.404, subd. 10. Sec. 6-132. - Application for temporary liquor license. Application for a temporary liquor license shall be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose of the organization, together with the full names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises or person or group with lawful responsibility for the premises. (4) An application must be placed on file when it is received by the city clerk who will forward it to the appropriate staff for review. Temporary liquor licenses for nonprofits may be approved by the city manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. (Ord. No. 875, 10-23-2006) Secs. 6-133—6-160. - Reserved. Page 14 Packet Page Number 121 of 273 H1, Attachment 1 DIVISION 2. - ON-SALE AND OFF-SALE LICENSES Subdivision I. - In General Sec. 6-161. - Established. There are hereby established the following city intoxicating liquor licenses: (1) On-sale. (2) Off-sale. (3) Limited off-sale. (Ord. No. 875, 10-23-2006) Sec. 6-162. - Reserved. Sec. 6-163. - Sunday sales licenses for on-sale licensees. The holder of an on-sale liquor license under this division may apply to the council for a Sunday sales license. The city council may after one public hearing grant an on-sale licensee a Sunday sales license permitting the licensee to sell intoxicating liquor between the hours of 108:00 a.m. on Sundays and 2:00 a.m. on Mondays in conjunction with the sale of food, provided that the licensee is in conformance with the Minnesota Clean Air Act. An application for a Sunday sales license must be made at the same time and on the same application as the on -sale licensee uses to apply for an on-sale license or renewal thereof. If the first application for a Sunday sales license is made before the time for renewing the on-sale license, the clerk may provide for a special supplementary application for the Sunday sales license. No Sunday sales license may be issued to an on-sale licensee unless the licensee operates a restaurant serving meals regularly to the public and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, liquor may be served on Sundays only to people seated at restaurant or dining room tables. (Ord. No. 875, 10-23-2006) State Law reference— Authority for above section, Minn. Stats. § 340A.504, subd. 2(2). Sec. 6-164. - Application; payment of fee. (a) A person desiring a license to sell intoxicating liquor in the city pursuant to this division shall make a verified written application to the city council and must file it with the city clerk. The application form must require that the following information be given on the application, along with such further information the state commissioner of public safety, the council or the clerk may require: (1) The applicant's full name, date of birth and place of residence. (2) The location of the premises on which the applicant proposes to sell intoxicating liquor and an exact description of the particular place within the building structure where such sales are proposed. Page 15 Packet Page Number 122 of 273 H1, Attachment 1 (3) Whether the applicant has ever been engaged in a similar business, and, if so, the location thereof and the dates when so engaged. The application must be signed and verified by the applicant in person and, if the applicant is a corporation, by an officer of the corporation. (4) If the applicant is a corporation or club, it must attach a copy of its bylaws. No license will be issued to the applicant if the bylaws express, directly or indirectly, any limitation or discrimination on the basis of race. (b) Upon receipt of the application and the proper amount of the license fee, the clerk must give the applicant a receipt containing a statement of the purpose for which the deposit was paid. (Ord. No. 875, 10-23-2006) Sec. 6-165. - Investigation of applicant; inspection of premises; council hearing; grant or denial. (a) The city clerk must immediately transmit an application for a license submitted under this division to the police chief for investigation of the applicant. Relevant information will also be forwarded to the fire marshal for inspection of the premises. (b) Upon completion of the investigation under subsection (a) of this section, the police chief or the city clerk shall report the findings to the city council at a public hearing on the application held according to law. (c) The city council must either grant or deny the application for a license under this division after the public hearing is held under subsection (b) of this section. (Ord. No. 875, 10-23-2006) State Law reference— Investigation of on-sale license applicants, Minn. Stats. § 340A.412, subd. 2. Sec. 6-166. - Surrender of on-sale 3.2 percent malt beverage license before issuance of off-sale intoxicating liquor license; state approval of bonds. (a) Where the application under this division is for an off-sale liquor license and the applicant holds an on-sale 3.2 percent malt liquor license issued by the council, the council may not grant an off-sale liquor license until the applicant surrenders the on-sale 3.2 percent malt liquor license. (b) If an off-sale license is granted under this division, the clerk is to issue the license whenever the bond required by this division has been approved by the state commissioner of public safety and the commissioner advises the clerk that he approves of issuing the particular applicant a license. (Ord. No. 875, 10-23-2006) State Law reference— Off-sale intoxicating liquor license prohibited for place where non- intoxicating percent malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, subd. 12. Sec. 6-167. - Effect of denial. Page 16 Packet Page Number 123 of 273 H1, Attachment 1 Should the application for a license under this division be denied, the city clerk shall refund to the applicant the deposit for license fees made when the application was filed. Any amount paid by the applicant for the conduct of an investigation of the applicant shall be retained by the city. (Ord. No. 875, 10-23-2006) Sec. 6-168. - Bond. (a) No off-sale license required under this division shall be granted until a bond in the sum of $1,000.00 shall be furnished and approved by the state commissioner of public safety and filed with the proper city officers. (b) The surety on the bond required by subsection (a) of this section shall be a surety company duly licensed to do business in the state, and the bond shall be approved as to form and execution by the state attorney general. (c) All bonds required by subsection (a) of this section, when approved by the proper city or state officer, shall be deposited as directed by the commissioner of public safety. (d) All bonds required by subsection (a) of this section, for an off-sale license, shall be conditioned as directed by the commissioner of public safety. (Ord. No. 875, 10-23-2006) Sec. 6-169. - Ineligibility of certain premises. No off-sale license shall be issued under this division for premises located 2,640 feet from an existing off-sale premise. Licensed premises that fall within 2,640 feet of each other before October 25, 2013, shall be exempt from the 2,640-foot requirement until that time that the licensed establishment is sold for a purpose other than an off-sale liquor store. The distance between premises shall be measured from main entrance to main entrance. (Ord. No. 875, 10-23-2006; Ord. No. 932, 9-23-2013) State Law reference— Authority for above section, Minn. Stats. § 340A.412, subd. 4. Sec. 6-170. - Duration. All licenses granted under this division expire on December 31 of each year. (Ord. No. 875, 10-23-2006) Sec. 6-171. - Extent of licensed premises. Except as authorized in section 6-112, no on-sale or off-sale license issued under this division is effective beyond the compact and contiguous space for which the license was granted. Licensed premises are the premises described in the approved license application. (Ord. No. 875, 10-23-2006) Page 17 Packet Page Number 124 of 273 H1, Attachment 1 State Law reference— Similar provisions, Minn. Stats. § 340A.101, subd. 15. Sec. 6-172. - Alcohol awareness training. Within six months of the initial issuance of a new on-sale, off-sale liquor license or a new wine license, not less than 75 percent of the employees authorized to serve or sell wine or liquor on the licensed premises shall have completed an alcohol awareness program approved by the police chief. Existing on-sale, off-sale liquor license or wine license holders shall within three months of the passage of this chapter complete an alcohol awareness program approved by the police chief. The employees authorized to serve or sell alcoholic beverages on the licensed premises shall annually complete an alcohol awareness program approved by the police chief. (Ord. No. 875, 10-23-2006) Secs. 6-173—6-190. - Reserved. Subdivision II. - Special Club Licenses Sec. 6-191. - Issuance. An on-sale liquor license may be issued by the council to a bona fide club which has been in existence for 20 years and which is incorporated under the laws of the state. For congressionally chartered veterans' organizations, such clubs shall have been in existence for ten years prior to January 1, 1961. (Ord. No. 875, 10-23-2006) State Law reference— Minn. Stats. § 340A.101 subd. 7. Sec. 6-192. - Sales limited to members only. Any special club license issued under this subdivision shall be a license for the sale of intoxicating liquors to club members only. (Ord. No. 875, 10-23-2006) Sec. 6-193. - Fee and application. The license fee for a special club license issued under this subdivision shall be in such amount as may be imposed, set, established and fixed by the city council from time to time, and the applicant shall make application for the license on a form to be furnished by the clerk. This application shall be in substantially the same form as an application of a public on-sale liquor license. (Ord. No. 875, 10-23-2006) Page 18 Packet Page Number 125 of 273 H1, Attachment 1 Sec. 6-194. - Applicability of other sections. The holder of a license issued under this subdivision is subject to all of the sections of this Code pertaining to the issuance of intoxicating liquor licenses. (Ord. No. 875, 10-23-2006) Secs. 6-195—6-220. - Reserved. DIVISION 3. - ON-SALE WINE LICENSES Subdivision I. - In General Sec. 6-221. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: On-sale wine licenses means licenses authorizing the sale of wine not exceeding 2414 percent alcohol by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. Holders of an on-sale wine license are permitted to sell intoxicating malt liquor without an additional license. State Law reference— On-sale wine licenses, Minn. Stats. § 340A.404, subd. 5. Restaurant means an establishment other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Seating means the usual and regularly available seating accommodations for guests of the establishment to sit at tables for the purpose of eating meals. (Ord. No. 875, 10-23-2006) State Law reference— Similar definitions of the terms "on-sale wine licenses" and "restaurant," Minn. Stats. §§ 340A.101, subd. 25, 340A.404, subd. 5. Sec. 6-222. - Required; exceptions. No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an on-sale intoxicating liquor license issued under division 2 of this article, shall directly or indirectly deal in, sell or keep for sale any wine or intoxicating malt liquor without first having a license to do so as provided for in this division. (Ord. No. 875, 10-23-2006) Sec. 6-223. - Issuance only to restaurants. On-sale wine licenses shall be issued only to restaurants meeting the requirements of this division. Page 19 Packet Page Number 126 of 273 H1, Attachment 1 (Ord. No. 875, 10-23-2006) State Law reference— City may issue on-sale wine licenses only to restaurants having facilities for seating at least 25 guests at one time, Minn. Stats. § 340A.404, subd. 5. Sec. 6-224. - Number unlimited. An unlimited number of on-sale wine licenses may be issued under this division. (Ord. No. 875, 10-23-2006) State Law reference— Authority of city to issue on-sale wine license to any restaurant having facilities for seating at least 25 guests at one time, Minn. Stats. § 340A.404, subd. 5. Sec. 6-225. - Fees and application. (a) The annual license fee must be paid in full before an application for a license required under this division is accepted. Notification on the application shall indicate applicant's intention to sell intoxicating malt liquor. (b) Upon rejection of any application for a license under this division or upon withdrawal of an application before approval of the issuance by the city council, the license fee must be refunded to the applicant. (c) Where a new application is filed as a result of the incorporation of an existing licensee and the ownership, control and interest in the license under this division are unchanged, no additional license fee will be required. (Ord. No. 875, 10-23-2006) Sec. 6-226. - Approval by state. Licenses issued pursuant to this division shall not be effective until approved by the state commission of public safety. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.404, subd. 5. Sec. 6-227. - Sale of intoxicating malt liquors with an on-sale wine license. A holder of an on-sale wine license issued pursuant to this division whose gross receipts are at least 60 percent attributable to the sale of food, is permitted to sell intoxicating malt liquors at on-sale without an additional license. (Ord. No. 875, 10-23-2006) Sec. 6-228. - Duration. All licenses issued under this division expire on December 31 of each year. Page 20 Packet Page Number 127 of 273 H1, Attachment 1 (Ord. No. 875, 10-23-2006) Secs. 6-229—6-250. - Reserved. Subdivision II. - Temporary Wine Licenses Sec. 6-251. - Issuance to nonprofit organizations. Notwithstanding any other section of this chapter, a bona fide nonprofit charitable, religious or veterans' organization may obtain an on-sale license to sell wine not exceeding 2414 percent alcohol by volume and intoxicating malt liquor for consumption on the licensed premises only. The fee for such license shall be established by the city council by resolution from time to time. The city may not issue more than three four-day, four three-day, six two-day, or 12 one-day temporary licenses, in any combination not to exceed 12 days per year. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.410 subd. 10. Sec. 6-252. - Application. Application for a temporary license under this subdivision shall be on forms provided by the city clerk who will forward it to the appropriate staff for review. Temporary wine licenses for nonprofits may be approved by the city manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. Such information shall be as specified by the city clerk, including the following: (1) The name, address and purpose of the organization, together with the names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates and hours which wine will be sold. (3) Consent of the owner or manager of the premises or the person or group with lawful responsibility for the premises. (Ord. No. 875, 10-23-2006) Sec. 6-253. - Applicability of division 4 of article. Division 4 of this article shall not apply to temporary wine licenses granted under this subdivision. (Ord. No. 875, 10-23-2006) Secs. 6-254—6-280. - Reserved. DIVISION 4. - BOTTLE CLUBS Page 21 Packet Page Number 128 of 273 H1, Attachment 1 Sec. 6-281. - Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bottle club means a club, as defined in Minn. Stats. § 340A.101, subd. 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn. Stats. § 340A.101, subd. 7, and which is not licensed for the sale of intoxicating liquor, either on-sale or off-sale or both. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.414, subd. 2. Sec. 6-282. - Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. (a) A bottle club holding a permit issued under Minn. Stats. § 340A.414, subd. 2, may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. A bottle club or any unincorporated society which has more than 50 members and which has, for more than a year, owned, hired, or leased space in a building of such extent and character as may be suitable and adequate for its members and which holds a permit issued under Minn. Stats. § 340A.414 may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. Every bottle, container, or other receptacle containing intoxicating liquor stored by a member must have attached to it a label signed by the member of the club. All liquor on the premises of the club must be labeled as required in this section, and any not being actually used or consumed by the owner thereof must be kept in a locker designated to the use of such member. (b) It is unlawful for a club member under 21 years of age to be assigned a locker for the storage of intoxicating liquor or to consume or display or be permitted to consume or display intoxicating liquor on any premises owned or controlled by such private club holding a permit issued under Minn. Stats. § 340A.414. (Ord. No. 875, 10-23-2006) Sec. 6-283. - State permit. It is unlawful in the city for a bottle club or for a business establishment, directly or indirectly, or upon any pretense or by any device to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor without having first obtained a permit therefor. Such permit may be issued by the state commissioner of public safety, after approval by the city council and the payment of the local license fee imposed by the city council, pursuant to Minn. Stats. § 340A.414, subds. 5 and 6, for a period of one year to expire on July 1 next following issuance of such license, and the license must be renewed annually on July 1. The application for such permit must be made to the state commissioner of public safety. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.414, subds. 5 and 6. Page 22 Packet Page Number 129 of 273 H1, Attachment 1 Sec. 6-284. - Annual license fee. Whenever a person owning or operating a private club or public place in the city applies for a permit from the state commissioner of public safety pursuant to Minn. Stats. § 340A.414, subd. 6, the applicant must obtain the approval of the city council and must pay the city a local license fee as set by the council from time to time for any one year or any part thereof, expiring on the subsequent July 1 next following the issuance of the license. The permit, council approval and local license fee payment must be renewed annually on July 1. If such permit is applied for by a nonprofit organization or by a governmental unit, the operation of which is determined by the council to be of civic benefit to the city, the council may approve the issuance of a permit to the nonprofit organization or governmental unit at an annual local license fee of not less than a fee per year as set by the council from time to time, provided that the permit is for less than five days per year. (Ord. No. 875, 10-23-2006) State Law reference— Authority conferred upon city council to impose a local license fee not exceeding $300.00 per year on bottle clubs holding state permits, Minn. Stats. § 340A.414, subd. 6. Sec. 6-285. - Hours of consumption or display of intoxicating liquor. No establishment licensed under Minn. Stats. § 340A.414 may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays; between 1:00 a.m. and 8:00 a.m. on Monday through Saturday; between 1:00 a.m. and 3:00 p.m. on Memorial Day; or between 1:00 a.m. and 8:00 p.m. on any state or city primary, special or general election day held in the city. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.411, subds. 5 and 6. Sec. 6-286. - Inspections. A bottle club or business holding a permit issued under Minn. Stats. § 340.414 is open for inspection by the commissioner of public safety and the commissioner's representative and by peace officers, who may enter and inspect during reasonable hours. Refusal to permit the commissioner, the commissioner's representative or a peace officer to enter and inspect the premises is a violation. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. §§ 340A.414, subd. 7, 340A.907. Sec. 6-287. - Restrictions on permit approval by council. No approval by the city council of a permit required by Minn. Stats. § 340A.414 may be given to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members or when the business establishment or the owner thereof holds a federal retail liquor dealer's special tax stamp for the sale of intoxicating liquors. Page 23 Packet Page Number 130 of 273 H1, Attachment 1 (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.414. Sec. 6-288. - Inapplicability of division. This division has no application to a person or a premises licensed for the sale of intoxicating liquor under the State Intoxicating Liquor Act and division 2 of this article, but any such person or premises, being a business establishment, is eligible for a permit authorized by Minn. Stats. § 340A.414. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.414. Sec. 6-289. - Violations. A violation of this division is a misdemeanor, and any violation of section 6-282 is grounds for the revocation of such permit by the state commissioner of public safety. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.701. Sec. 6-290. - Seizure and disposal of intoxicating liquor sold, served or displayed in violation of division. Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect the premises, as provided in this division, in violation of this division are subject to seizure for purposes of evidence and, contingent on determination by a court, shall be disposed of as provided in Minn. Stats. § 340A.904. (Ord. No. 875, 10-23-2006) State Law reference— Similar provisions, Minn. Stats. § 340A.904, subd. 1. Secs. 6-291—6-315. - Reserved. DIVISION 5. - MAPLEWOOD COMMUNITY CENTER[2] Footnotes: --- (2) --- Editor's note—Ord. No. 953, adopted Sept. 28, 2015, repealed Div. 5 in its entirety and enacted a new Div. 5 to read as set out herein. Former Div. 5, §§ 6-316—6-318, pertained to similar subject matter and derived from the Code of 1982, §§ 5-156—5-158. Page 24 Packet Page Number 131 of 273 H1, Attachment 1 Sec. 6-316. - Sale of wine, 3.2 percent malt liquor and intoxicating liquor. The city may authorize the holder of an on sale wine, 3.2 percent malt liquor, or intoxicating liquor license issued by the City of Maplewood or a municipality adjacent to the City of Maplewood and will allow the licensee to dispense wine not exceeding 2414 percent alcohol by volume, 3.2 percent malt liquor, or intoxicating liquor at any convention, banquet, conference, meeting of social affair conducted on the premises of the Maplewood Community Center, under operation by the YMCA. The sale of wine not exceeding 2414 percent by volume, 3.2 percent malt liquor, and intoxicating liquor may be served in the Maplewood Community Center under the following conditions: (1) The licensee is engaged to dispense wine, 3.2 percent malt liquor and intoxicating liquor at an event by a person or organization permitted to use the designated room of the Maplewood Community Center. (2) Wine, 3.2 percent malt liquor and intoxicating liquor is dispensed only to persons attending the event in the designated room for which the room was rented and such dispensing is done only in the room which was rented. (3) The licensee shall serve wine, 3.2 percent malt liquor and intoxicating liquor according to this chapter and other city ordinances. (4) The licensee delivers to the city a certificate of insurance providing off-premises liquor liability coverage naming the city, in the amount of statutory limits, as an additional named insured. (5) All parties consuming wine, 3.2 percent malt liquor and intoxicating liquor in the Maplewood Community Center shall be required to conform to state liquor laws and all rules and regulations regulating the serving or consumption of wine, 3.2 percent malt liquor or intoxicating liquor as established by the city. (6) Wine, 3.2 percent malt liquor and intoxicating liquor may only be served until 12:00 midnight on all evenings, Sunday—Saturday. (7) Licensees seeking authorization to dispense wine, 3.2 percent malt liquor, or intoxicating liquor in the Maplewood Community Center shall apply to the city clerk for a per event permit on a form prescribed by the city. (8) Whenever it is determined that a specific event for which the licensee will be providing on-sale wine, 3.2 percent malt liquor, or intoxicating liquor requires special or unique conditions, the city council may impose such additional conditions. Compliance with these additional conditions shall be a requirement of the permit. (Ord. No. 953, 9-28-2015) Page 25 Packet Page Number 132 of 273 I1 MEMORANDUM TO: City Manager Melinda Coleman FROM: Paul Schnell, Chief of Police Deb Schmidt, Deputy Clerk DATE: November 21, 2016 SUBJECT: Consider Approval of an Ordinance Amending Chapter 10, Article III Dogs and Article IV Cats – Second Reading and Ordinance Summary for Publication Introduction The City Council approved the first reading amending Chapter 10, Article III Dogs an Article IV Cats at the November 14, 2016 City Council Meeting. The animal licensing/permitting is a function of the Citizen Services Department while the animal control function is the responsibility of the Police Department. Chapter 10, Article III, Division 5, Section 10-189(4) of the city code allows owners of dangerous/potentially dangerous dogs to request a hearing to appeal the determination made by the animal control authority, but does not charge an administrative fee to recover administrative costs. Chapter 10, Article IV of the city code currently requires that owners of cats obtain a permit for their cat(s). At the September 14, 2015 City Council Workshop Meeting a discussion was held regarding the management of feral, stray and recoverable cats; and amending the code to discontinuing the practice of cat owners obtaining a permit for their cat(s) and adding language to implement the cat management strategy. MN §412.191 subd. 3 states that City Council may direct a summary of an ordinance be published rather than the entire ordinance text. The amended Dog and Cat ordinances consists of 17 pages of text, which would be costly to publish. As such, staff is recommending the City Council authorize a summary ordinance for publication. Discussion The amendments to Article III pertaining to dogs consists of some corrections to the language in the code and imposing an administrative fee for appeal hearings for dangerous and potentially dangerous dogs. Nearly every owner of a dog that is deemed dangerous or potentially dangerous files an appeal with the city in an effort to have the determination reversed. The Hearing Officer that officiates the appeals advised that the City of Maplewood tends to generate a large number of appeal hearing requests in comparison to other metro area departments. He was surprised to hear that the City of Maplewood does not charge a fee for appeal hearings as most cities do in an effort to recover the administrative costs with processing the hearing. Therefore, it is recommended that the council amend the code to reflect an administrative fee for appeal hearings for dangerous and potentially dangerous dog. Packet Page Number 133 of 273 I1 Amendments to Article IV is to remove the requirement that owners of cats to obtain a permit for their cat(s) and added language regarding cat management strategy. The management of stray and recovered cats has become increasingly costly for the recovery and impound of cats. While animal permitting serves as a broad community health, safety and welfare functions; one purpose or benefit of a permit for cats is the ability to identify the owner of a missing or lost animal. With the proposed change, city staff would not generally respond to recover a stray/wandering cat, therefore the benefit of issuing cat permits is then further diminished. MN §331A.01 subd.10 requires that summary ordinances give an accurate and intelligible synopsis of the essential elements of the ordinance. Staff proposes the language for the publication of the summary ordinance as indicated in the attached document. Budget Impact Currently 157 cat permits have been issued with the permit fee ranging from $18-$20 depending if the cat is sprayed/neutered and/or the owner qualifies for a senior discount. This would decrease the operating revenue by approximately $1,500 a year. The cost savings from the cat management program would be about $3,000 per year. The revenue from the administrative hearing fee is unknown at this time because nearly all the owner of the dogs that are deemed dangerous or potentially dangerous file an appeal and with the city charging an administrative hearing fee, these appeals may decrease. Recommendation Staff is recommending the City Council approve the second reading of the proposed amendments to Chapter 10, Article III Dogs and Article Cats; and further approve the Summary Ordinance for Publication. Attachments 1. City Code, Chapter 10, Articles III and IV 2. Chapter 10, Articles III and IV Summary Ordinance for Publication Packet Page Number 134 of 273 I1, Attachment 1 Page 1 of 17 ARTICLE III. - DOGS DIVISION 1. - GENERALLY[2] Footnotes: --- (2) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 1, in its entirety to read as set out herein. Former Div. 1, §§ 10-61—10-65, pertained to similar subject matter and derived from the Code of 1982, §§ 7-16—7-20. Sec. 10-61. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal shelter means any premises designated by the city administrative authority for the purposes of impounding and caring for dogs held under authority of this article. Dog means any living dog. Officer means any person designated by the city manager as an enforcement officer. Owner means any person owning, keeping or harboring dogs. Pet shop means any person engaged in the business of feeding, buying, selling or boarding animals of any species. Restraint. A dog or cat is under restraint within the meaning of this article if it is controlled by a leash which does not extend beyond the boundaries of the private property or within a vehicle being driven or parked on the streets or within the property of its owner/keeper, in a fenced area, if within an electronic fence with signage, controlled by a chain or under owner's control and supervision. Veterinary hospital means any establishment maintained and operated by a licensed veterinarian for the diagnosis and treatment of diseases and injuries of animals. (Ord. No. 888, 7-14-2008) Sec. 10-62. - Rules and regulations relating to permits and humane treatment. The council shall promulgate regulations governing the issuance of permits, and such regulations shall include requirements for humane care of the owner's dogs and for compliance with all sections of this article and other applicable state and local laws. The council may amend such regulations from time to time as it deems desirable for the public health and welfare and to protect dogs from cruelty. (Ord. No. 888, 7-14-2008) Sec. 10-63. - Limitation on number for each dwelling unit in residential zones. No more than two dogs over three months of age shall be housed or be kept on any one residential site in any area of the city zoned R-1 residence district or R-2 residence district. No more than one dog of any age shall be kept in a dwelling unit in any area of the city zoned R-3 residence district. Packet Page Number 135 of 273 I1, Attachment 1 Page 2 of 17 (Ord. No. 888, 7-14-2008) State Law reference— Dogs, Minn. Stats. ch. 347. Sec. 10-64. - Enforcement. Officers designated by the city manager and approved by the council shall have police powers in the enforcement of this article; and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. (Ord. No. 888, 7-14-2008) Sec. 10-65. - Violations. (a) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. (b) If any person is found guilty by a court of violation of section 10-1, his permit to own, keep, harbor or have custody of dogs shall be deemed automatically revoked; and no new permit may be issued for a period of one year. (Ord. No. 888, 7-14-2008) Secs. 10-66—10-90. - Reserved. DIVISION 2. - PERMIT[3] Footnotes: --- (3) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 2 in its entirety to read as set out herein. Former Div. 2, §§ 10-91—10-96, pertained to similar subject matter and derived from the Code of 1982, §§ 7-36—7-41; Ord. No. 832, § 1, adopted Nov. 13, 2002. Sec. 10-91. - Required; exceptions. No person shall, without first obtaining a permit in writing from the clerk, own, keep, harbor, or have custody of any dog over three months of age. However, this section shall not apply to the keeping of small caged birds or aquatic and amphibian animals solely as pets or for police canines of any political subdivision. (Ord. No. 888, 7-14-2008) Sec. 10-92. - Fees; issuance; current rabies vaccination certificate required. (a) Upon a showing by any applicant for a permit required under this division that he is prepared to comply with the regulations promulgated by the council, a permit shall be issued following payment of the applicable fee, as follows: (1) For each dog, the fee is as may be imposed, set, established and fixed by the city council, by resolution, from time to time. (2) No fee or permit shall be required of any Humane Society or veterinary hospital. Packet Page Number 136 of 273 I1, Attachment 1 Page 3 of 17 (b) No permit shall be granted for a dog which has not been vaccinated against rabies as provided in this section on such date, but not more than two years will have elapsed from the date of such vaccination to the time of the expiration of the permit to be issued, unless stated upon the certificate that the vaccination is effective for at least three years. Vaccination shall be performed only by a doctor qualified to practice veterinary medicine in the state in which the dog is vaccinated, and the applicant shall present an original certificate from a qualified veterinarian showing that the dog to be permitted has been given a vaccination against rabies and the date on which the vaccination was administered. (Ord. No. 888, 7-14-2008) Sec. 10-93. - Term; renewal; late penalty charge. A new permit shall be obtained each even year by every owner and a new fee paid. A permit, if not revoked, shall be valid until the end of the permit period. Renewal permits must be obtained prior to the expiration date, and there shall be a late penalty charge on all renewal permits issued after the expiration date. (Ord. No. 944, 10-13-2014) Editor's note— Ord. No. 944, adopted Oct. 13, 2014, amended § 10-93 in its entirety to read as set out herein. Former § 10-93 pertained to term and derived from Ord. No. 888, adopted July 14, 2008. Sec. 10-94. - Revocation. The city manager may revoke any permit issued under this division if the person holding the permit refuses or fails to comply with this article, any regulations promulgated by the council pursuant to this article, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all dogs being owned, kept or harbored by such person; and no part of the permit fee shall be refunded. (Ord. No. 888, 7-14-2008) Sec. 10-95. - Tags. Upon issuing a permit to keep any dog under this division, the clerk shall issue to the owner a metallic or durable plastic tag stamped with an identifying number and with the month/date/year of issuance expiration and so designated that it may be conveniently fastened to a dog collar or harness. Such tag shall be fastened to the dog's collar or harness by the owner and shall be worn at all times. The clerk shall maintain a record of the identifying numbers and shall make this record available to the public. (Ord. No. 888, 7-14-2008) Sec. 10-96. - Exemptions from division. The sections of this division requiring a permit shall not apply to owners of certified seeing eye and other handicapped-aid dogs, owners and handlers of bona fide working dogs (guard dogs, search dogs, etc.) and nonresidents of the city who are keeping only domestic pets, provided that domestic pets of nonresident owners shall not be kept in the city longer than 30 days annually and the animals shall be kept under restraint. Packet Page Number 137 of 273 I1, Attachment 1 Page 4 of 17 (Ord. No. 888, 7-14-2008) Secs. 10-97—10-125. - Reserved. DIVISION 3. - RUNNING AT LARGE; NUISANCE[4] Footnotes: --- (4) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 3 in its entirety to read as set out herein. Former Div. 3, §§ 10-126—10-129, pertained to similar subject matter and derived from the Code of 1982, §§ 7-51—7-54. Sec. 10-126. - Restraint. All dogs shall be kept under restraint at all times in the city. (Ord. No. 888, 7-14-2008) Sec. 10-127. - Duty of owners. (a) No owner or custodian of any dog, whether licensed permitted or unlicensed unpermitted, shall permit allow such dog to run at large, with the exception of within a designated off-leash dog area. It shall be the obligation of the owner or custodian of any dog in the city, whether permanently or temporarily therein, to prevent any such dog at anytime to be on any street, public park (with the exception of a park within an off-leash dog area as designated by Ramsey County or the City of Maplewood), school grounds or public place without being effectively restrained by a chain or leash not exceeding eight feet in length. (b) Any person having custody or control of any dog shall have the responsibility for cleaning up any feces of the dog and disposing of such feces in a sanitary manner. It shall furthermore be the duty of each person having the custody and control of any dog to have on such person possession of a device or equipment for picking up and removal of animal feces. This subsection shall not apply to a guide dog accompanying a blind person or to a dog when used in police or rescue activities. (c) No owner or custodian of any dog within the city shall allow the dog to remain outside and unattended for a period exceeding four consecutive hours. For the purpose of this subsection, the term "outside and unattended" shall mean that the dog is on or has free access to the exterior grounds of any premises and the owner or custodian is not physically present and in the company of the dog. (d) Owners or custodians of dogs are hereby charged to prevent their dogs from barking or making other noises which unreasonably disturb the peace and quiet of any person. The phrase "unreasonably disturb the peace and quiet" includes, but is not limited to, the creation of noises, by such dogs, audible to a peace officer or animal control officer outside the building or premises where the dogs are being kept and which noise occurs repeatedly over [a] five-minute period with a time lapse of one minute or less between repetitions over a five- minute period. Failure on the part of the owner or custodian to prevent a dog from committing such acts shall be subject to penalty provided in section 10-65. (Ord. No. 888, 7-14-2008) Sec. 10-128. - Female dogs in heat. Packet Page Number 138 of 273 I1, Attachment 1 Page 5 of 17 Every female dog in heat in the city shall be confined in a building or secure enclosure in such manner that such female dog cannot come into contact with another dog, except for planned breeding. (Ord. No. 888, 7-14-2008) Sec. 10-129. - Duty of temporary visitors to city. It shall be unlawful for any person temporarily in the city, while staying at any private home or at any public accommodation such as a hotel or motel, to have a dog running at large or to permit his dog at any time, when out of the room or suite occupied by such person, to be upon the street or in any public or private place, unless firmly upon a leash at all times. (Ord. No. 888, 7-14-2008) Secs. 10-130—10-155. - Reserved. DIVISION 4. - IMPOUNDMENT[5] Footnotes: --- (5) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 4 in its entirety to read as set out herein. Former Div. 4, §§ 10-156—10-158, pertained to similar subject matter and derived from the Code of 1982, §§ 7-66—7-68. Sec. 10-156. - Authority; notice to known owners; reclamation by owners; humane disposal of unclaimed dogs. Unrestrained dogs running at large in the city may be taken by police, the animal control officer or the Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded dogs shall be kept for not less than five days, unless reclaimed by their owners. If by a permit tag or by other means the owner can be identified, the animal control officer shall immediately, upon impoundment, notify the owner by telephone or mail of the impoundment of the dog. A dog not claimed by its owner within five days shall be humanely disposed of by an agency delegated by the council to exercise that authority. (Ord. No. 888, 7-14-2008) Sec. 10-157. - Fees; additional penalties. Any owner reclaiming a dog under this article, which has been impounded for any reason, shall pay a fee as set by council resolution from time to time. The owner may also be proceeded against for violation of this article, and his permit may be revoked. (Ord. No. 888, 7-14-2008) Sec. 10-158. - Return to owner of dog found at large. Notwithstanding the sections of this division, if a dog is found at large in the city and its owner can be identified and located, such dog need not be impounded but may, instead, be taken to the owner. (Ord. No. 888, 7-14-2008) Packet Page Number 139 of 273 I1, Attachment 1 Page 6 of 17 Secs. 10-159—10-185. - Reserved. DIVISION 5. - DANGEROUS DOGS[6] Footnotes: --- (6) --- Editor's note—Ord. No. 888, adopted July 14, 2008, amended Div. 5 in its entirety to read as set out herein. Former Div. 5, §§ 10-186—10-190, pertained to similar subject matter and derived from the Code of 1982, §§ 7-80—7-84. Secs. 10-186—10-188. - Reserved. Sec. 10-189. - Dangerous/potentially dangerous dogs. The provisions of Minn. Stats. §§ 347.50—347.56, inclusive, are hereby adopted as the potentially dangerous and dangerous dog regulations for the City of Maplewood. Where a conflict exists between the provisions of the City Code and the provisions of Minn. Stats. §§ 347.50— 347.56, inclusive, the provisions of the Minnesota Statutes shall apply. (1) Definitions: For the purpose of this section, the terms defined have the meaning given to them: Dangerous dog means any dog that has: a. Without provocation, inflicted substantial bodily harm on a human being on public or private property; or b. Killed a domestic animal without provocation while off the owner's property; or c. Been found to be potentially dangerous, after the owner has notice that the dog is potentially dangerous, the dog aggressively bites, attacks, or endangers the safety of humans or domestic animals. Potentially dangerous dog means any dog that: 1a. When unprovoked, inflicts bites on a human or domestic animal on public or private property; or 2b. When unprovoked, chases or approaches a person, including a person on a bicycle, upon the streets, sidewalks, or any public or private property, other than the dog owner's property, in an apparent attitude of attack; or 3c. Has a known propensity, tendency, or disposition to attack unprovoked, causing injury or otherwise threatening the safety of humans or domestic animals. Proper enclosure means securely confined indoors or in a securely enclosed and locked pen or structure suitable to prevent the animal from escaping and providing protection from the elements for the dog. A proper enclosure does not include a porch, patio, or any part of a house, garage, or other structure that would allow the dog to exit of its own volition, or any house or structure in which the windows are open or in which door or window screens are the only obstacles that prevent the dog from exiting. Packet Page Number 140 of 273 I1, Attachment 1 Page 7 of 17 Owner means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having care, custody, or control of a dog. Substantial bodily harm has the meaning given it under Minn. Stats. § 609.02, subdivision 7a. Great bodily harm has the meaning given it under Minn. Stats. § 609.02, subdivision 8. Provocation means an act that adult could reasonably expect may cause a dog to attack or bite. (2) Initial determination. The city's designated animal control authority shall be responsible for initially determining (initial determination) whether a dog is a potentially dangerous dog or a dangerous dog. The animal control authority may retain custody of a dog which has been initially determined to be a dangerous dog pending the hearing as hereinafter provided. The initial determination shall be conclusive unless the owner appeals the initial determination as hereinafter provided. (3) Notice of initial determination. The notice of initial determination shall be personally served on the owner of the dog or on a person of suitable age at the residence of such owner. The notice of initial determination shall describe the dog deemed to be potentially dangerous or dangerous, shall identify the officer making the initial determination and shall inform the owner of the owner's right to appeal the initial determination. (4) Request for hearing and hearing. An owner may appeal the initial determination by filing a request and payment of the applicable fee for the hearing with the city manager within five days of the owner's receipt of the notice of initial determination. A hearing shall be held within seven days after the city's receipt of the request for hearing. The city manager shall assign a hearing officer, who shall not be the person who made the initial determination. At the hearing, the hearing officer shall consider the reports and comments of the animal control authority, the testimony of any witnesses, witness statements and the comments of the owner of the dog. After considering all of the evidence submitted, the hearing officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (final determination). The findings shall be made within five days of the date of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the residence of the owner. (5) Seizure of dangerous dog or potentially dangerous dog. The animal control authority shall immediately seize any dangerous or potentially dangerous dog if, within 14 days after the service of the notice of final determination declaring a dog to be a dangerous dog: a. The owner has not registered the dog in compliance with the provisions of subsection 10-189(8)a. or (10)a. b. The owner does not secure the proper surety bond or liability insurance pursuant to subsection 10-189(8)a.2. or (10)a.4. c. The dangerous or potentially dangerous dog is not maintained in a proper enclosure. d. The dangerous dog is outside a proper enclosure and not under the physical restraint of a responsible person. Packet Page Number 141 of 273 I1, Attachment 1 Page 8 of 17 (6) Reclaiming a dangerous dog or potentially dangerous. A dangerous or potentially dangerous dog may be reclaimed by the owner of the dog upon payment of the impounding and boarding fees and upon presentation of proof to the animal control authority that the requirements of subsection 10-189(8)a. or (10)a. have been satisfied. A dangerous or potentially dangerous dog not reclaimed under this provision within seven days may be disposed of as provided in Minn. Stats. § 35.71, subd. 3, and the owner shall be liable to the animal control authority for costs incurred in confining and disposing of the dangerous dog. (7) Substantial/great bodily harm. Upon a final determination and notwithstanding the provisions of subsections 10-189(2)—(6), a dangerous dog that inflicted substantial bodily harm or great bodily harm on a human being on public or private property without provocation may be destroyed in a proper and humane manner by the animal control authority. (8) Dangerous dog restrictions. a. Registration required. No person may keep a dangerous dog in the City of Maplewood unless the dog is registered with the city clerk as provided in this section. The city clerk shall issue a certificate of registration to the owner of the dangerous dog if the owner presents the following information: 1. Proper enclosure. A proper enclosure exists for the dangerous dog and there is a posting on the premises with a clearly visible warning sign, including a warning symbol to inform children, that there is a dangerous dog on the property. 2. Bond/insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the animal control authority in the sum of at least $300,000.00 payable to any person injured by the dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $300,000.00 insuring the owner for any personal injuries inflicted by the dangerous dog. 3. Microchip. The owner has had a microchip identification implanted in the dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority with the costs borne by the dog's owner. 4. Warning symbol. The owner has posted a warning symbol to inform children that there is a dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. 5. Tag. The dangerous dog must have a standardized, easily identifiable tag identifying the dog as dangerous and containing the uniform dangerous dog symbol affixed to the dog's collar at all times. The design of the tag must have been approved by the Minnesota Commissioner of Public Safety. 6. Photograph. The owner of the dangerous dog shall make the dog available to be photographed for identification by the animal control authority at a time and place specified by the animal control authority. Packet Page Number 142 of 273 I1, Attachment 1 Page 9 of 17 7. Proof of disclosure. The owner of a dangerous dog who rents property from another where the dog will reside must submit proof of disclosure from the property owner that the property owner was notified, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a dangerous dog that will reside at the property. (9) Dangerous dog regulations. a. Annual fee. The owner of a dangerous dog shall pay an annual fee as determined by council ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. b. Annual renewal. The owner of a dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by city council ordinance. If the dog is removed from the City of Maplewood, it must be registered as a dangerous dog in its new jurisdiction. c. Death/transfer from city. The owner of any dangerous dog must notify the animal control authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within 30 [days] of the death or transfer. d. Notice to landlord. The owner of a dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement, and at the time of any lease renewal, that the person owns a dangerous dog that will reside at the property. e. Sale. The owner of a dangerous dog must notify the purchaser that the animal control authority has identified the dog as a dangerous dog. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. f. Muzzling. If the dangerous dog is outside a proper enclosure, the dog must be muzzled and restrained by substantial chain or leash and be under the physical restraint of a reasonable person. The muzzle must be made in a manner that will prevent the dog from biting any person or animal but that will not cause injury to the dog or interfere with its vision or respiration. g. Sterilization. The animal control authority may require a dangerous dog to be sterilized at the owner's expense. If the owner does not have the dangerous dog sterilized, the animal control authority may have the animal sterilized at the owner's expense. (10) Potentially dangerous dog restrictions. a. Registration required. No person may keep a potentially dangerous dog in the City of Maplewood unless the dog is registered with the city clerk as provided in this section. The city clerk shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents the following information: 1. Microchip. The owner has had a microchip identification implanted in the potentially dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control Packet Page Number 143 of 273 I1, Attachment 1 Page 10 of 17 authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority with the costs borne by the dog's owner. 2. Warning symbol. The owner has posted a warning symbol to inform children that there is a potentially dangerous dog on the property. The design of the warning symbol must have been approved by the Minnesota Commissioner of Public Safety. 3. Proper enclosure. A proper enclosure exists for the potentially dangerous dog, and there is a posting on the premises with a clearly visible warning sign, including a warning symbol, to inform children that there is a potentially dangerous dog on the property. 4. Bond/insurance. A surety bond issued by a surety company authorized to conduct business in the State of Minnesota in a form acceptable to the animal control authority in the sum of at least $300,000.00 payable to any person injured by the potentially dangerous dog, or a policy of liability insurance issued by an insurance company authorized to conduct business in the State of Minnesota in the amount of at least $300,000.00 insuring the owner for any personal injuries inflicted by the potentially dangerous dog. 5. Photograph. The owner of the potentially dangerous dog shall make the dog available to be photographed for identification by the animal control authority at a time and place specified by the animal control authority. 6. Proof of disclosure. The owner of a potentially dangerous dog who rents property from another where the dog will reside must submit proof of disclosure from the property owner that the property owner was notified, prior to entering into the lease agreement and at the time of any lease renewal, that the pers on owns a potentially dangerous dog that will reside at the property. (11) Potentially dangerous dog regulations. a. Annual fee. The owner of a potentially dangerous dog shall pay an annual fee as determined by council ordinance, in addition to any regular dog licensing fees, to obtain a certificate of registration for a dangerous dog under this section. b. Annual renewal. The owner of a potentially dangerous dog must renew the registration of the dog annually until the dog is deceased and pay the annual renewal fee as determined by city council ordinance. If the dog is removed from the City of Maplewood, it must be registered as a potentially dangerous dog in its new jurisdiction. c. Death/transfer from city. The owner of any potentially dangerous dog must notify the animal control authority in writing of the death of the dog, of its transfer to a residence outside of the City of Maplewood or of its transfer within the City of Maplewood within 30 days of the death or transfer. d. Notice to landlord. The owner of a potentially dangerous dog who rents property from another where the dog will reside must disclose to the property owner, prior to entering into the lease agreement and at the time of any lease renewal, that the person owns a potentially dangerous dog that will reside at the property. Packet Page Number 144 of 273 I1, Attachment 1 Page 11 of 17 e. Sale. The owner of a potentially dangerous dog must notify the purchaser that the animal control authority has identified the dog as potentially dangerous. The seller must also notify the animal control authority in writing of the sale and provide the animal control authority with the new owner's name, address, and telephone number. (12) Annual review requests. If there are no additional reports of the behavior described in subsection (1)a. or (1)b. of this section within a 12-month period from the date of the designation as a dangerous dog or a six-month period from the date of the designation as a potentially dangerous dog, the dog's owner may request a review, in writing, of the declaration designation. The owner must provide documented evidence for review that the dog's behavior has changed due to environment, health, age, training, neutering or other relevant factor. The review request and supporting documentation must be submitted to the Maplewood Animal Control Authority, which shall rule on the review request based on the record. The owner of the dog shall be notified in writing of the review results within ten business days of receipt. An administrative fee shall be paid prior to the review. In cases where the owner has successfully completed a training program approved by the animal control authority, the administrative fee may be reduced or waived. The fees for such review shall be imposed, set, established and fixed by the city council, by resolution, from time to time. (Ord. No. 888, 7-14-2008; Ord. No. 942, 9-22-2014) Secs. 10-190—10-215. - Reserved. DIVISION 6. - SMALL KENNEL LICENSES Sec. 10-216. - Construction and purpose of division. This division is supplementary to and in addition to all other sections of this Code or other ordinances in effect relating to the ownership, care and custody of dogs within the city and is deemed necessary by the council in order to regulate and control the ownership and the keeping of dogs in and near residential areas of the city. (Code 1982, § 7-96) Sec. 10-217. - Required; limited to licensee's dogs; zoning classifications where permitted. (a) No person shall keep more than two dogs over three months of age anywhere within the city without first obtaining a small kennel license under this division for the keeping of such dogs for breeding, sale or show purposes. (b) Any licensee under this division may not board or train dogs belonging to other persons on such licensed premises. (c) Small kennel licenses will not be issued under this division in any part of the city, except on property zoned commercial or farm residential or residential R-1. (Code 1982, § 7-97) Sec. 10-218. - Application; investigation; grant or denial of license. (a) Application. Any person desiring a small kennel license required under this division shall make written application to the city clerk upon a form prescribed by and containing such Packet Page Number 145 of 273 I1, Attachment 1 Page 12 of 17 information as required by the city clerk. Among other things, the application shall contain the following information: (1) A description of the real property upon which it is desired to keep the dogs. (2) The species and number of dogs to be maintained on the premises. (3) A statement that the applicant or licensee will at all times keep the dogs in accordance with all the conditions prescribed by the police chief or a modification thereof and that failure to obey such conditions will constitute a violation of this chapter and grounds for cancellation of the license. (4) Such other and further information as may be required by the police chief. (b) Consent. Upon receipt of the completed small kennel license application, the city clerk's office will obtain a list of affected properties from GIS identifying properties within 150 feet of the applying property. Certified letters shall be sent to the affected property addresses requesting approval or objection to the kennel license. Upon written consent of 75 percent of the owners or occupants of privately or publicly owned real estate within 150 feet of the outer boundaries of the premises for which the license is being requested the license shall be forwarded to the police department for inspection and final approval. Where a property within 150 feet consists of a multiple dwelling, the applicant need obtain only the written consent of the owner or manager or other person in charge of the building if the building is renter-occupied; if the building is owner-occupied letters of consent or objection will be sent to each individual home owner for consent or objection. (c) Investigation; issuance or denial. The police chief shall make such investigation as is necessary and may grant, deny or refuse to renew any application for a license under this division. (d) Conditions. If granted, the license shall be issued by the city clerk and shall state the conditions, if any, imposed upon the permittee for the keeping of dogs under the license. The license shall specify the restrictions, limitations, conditions and prohibitions which the police chief deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors or annoyance or to protect the public health and safety. Such license may be modified from time to time or revoked by the police chief for failure to conform to such restrictions, limitations or prohibitions. Such modification or revocation shall be effective from and after ten days following the mailing of written notice thereof by certified mail to the person keeping or maintaining such dogs. (e) Outside kennel. An outside kennel must be constructed of open-faced, galvanized fabric of suitable size to maintain and secure the keeping of particular breeds of dogs and to allow for sufficient space for particular breeds of dogs to exercise freely. The surface must be constructed of material of either concrete or gravel of sufficient depth to provide for proper cleaning, drainage, maintenance and needs of all particular breeds of dogs. (f) Refusal to grant or renew license. The police chief may refuse a license to keep or maintain dogs under this division for failure to comply with this chapter, if the facilities for the keeping of the dogs are or become inadequate for their purpose, if the conditions of the license are not met, if a nuisance condition is created, or if the public health and safety would be unreasonably endangered by the granting of such license. Refusal to grant or renew a small kennel license by the police chief may be appealed to the city council. Packet Page Number 146 of 273 I1, Attachment 1 Page 13 of 17 (Code 1982, § 7-98; Ord. No. 930, 8-12-2013) Sec. 10-219. - Application and renewal fees. The initial application fee for a small kennel license under this division shall be imposed, set, established and fixed by the city council, by resolution, from time to time. The annual renewal fee for any license issued under this division shall be imposed, set, established and fixed by the city council, by resolution, from time to time. (Code 1982, § 7-99) Sec. 10-220. - Limitation on number of dogs kept on licensed premises. The maximum number of dogs over three months of age which may be kept under a small kennel license issued under this division shall be three. (Code 1982, § 7-100) Secs. 10-221—10-245. - Reserved. Packet Page Number 147 of 273 I1, Attachment 1 Page 14 of 17 ARTICLE IV. - CATS DIVISION 1. - GENERALLY Sec. 10-246. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal shelter means any premises designated by the city manager for the purpose of impounding and caring for animals held under authority of this article. Cat means any animal that is a member of the feline species. Officer means any person designated by the city to enforce this article. Owner means any person keeping or harboring a cat. (Code 1982, § 7-116) Cross reference— Definitions generally, § 1-2. Sec. 10-247. - Limitations on number kept in residential areas. No more than two cats over three months of age shall be housed or be kept on any one residential site in any area of the city zoned residential R-1 or R-2. No more than one cat of any age shall be kept in a dwelling unit in any area of the city zoned R-3. (Code 1982, § 7-117) Sec. 10-248. - Violations. Any person violating any of the sections of this article shall be deemed guilty of a petty misdemeanor and shall be punished in accordance with section 1-15. If any violation is continuing, each day's violation shall be deemed a separate violation. If any person is found guilty by a court of violation of this article, his permit to own, keep, harbor or have custody of a cat shall be deemed automatically revoked, and no new permit may be issued for a period of one year thereafter. (Code 1982, § 7-118) Secs. 10-249—10-275. - Reserved. DIVISION 2. - PERMIT RABIES VACCINATION Sec. 10-276. - RequiredReserved. No person shall, without first obtaining a permit in writing from the clerk, own, keep, harbor or have custody of any cat over three months of age. (Code 1982, § 7-131) Sec. 10-277. - Fees; issuance; Current rabies vaccination certificate required. (a) A permit shall be issued under this division for each cat owned, kept or maintained in the city by any person upon payment of the fee as follows: Packet Page Number 148 of 273 I1, Attachment 1 Page 15 of 17 (1) For each cat, such fee is as may be imposed, set, established and fixed by the city council, by resolution, from time to time; and (2) No fee or permit shall be required of any Humane Society or veterinary hospital. (b) No permit shall be issued unless the applicant presents to the clerk A current rabies vaccination certificate must be obtained for the each cat for which the permit is applied for on the premise, kept up to date and have available upon request by the animal control officer. (Code 1982, § 7-132) Sec. 10-278. - Term; renewal; late penalty charge. A new permit shall be obtained each even year by every owner and a new fee paid. A permit, if not revoked, shall be valid until the end of the permit period. Renewal permits must be obtained prior to the expiration date, and there shall be a late penalty charge on all renewal permits issued after the expiration date. (Code 1982, § 7-133; Ord. No. 943, 10-13-2014) Sec. 10-279. - Revocation. The council may revoke any permit issued under this division if the person holding the permit refuses or fails to comply with this article, any regulations promulgated by the council pursuant to this article, or any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all cats being owned, kept or harbored by such person, and no part of the permit fee shall be refunded. (Code 1982, § 7-134) Sec. 10-280. - Tags. Upon issuing a permit to keep any cat under this division, the clerk shall issue to the owner a metallic or durable plastic tag stamped with an identifying number and with the year of issuance and so designed that it may be conveniently fastened to a collar or harness. Such tag shall be fastened to the cat's collar or harness by the owner, and the collar shall be worn at all times. The clerk shall maintain a record of the identifying numbers and shall make this record available to the public. (Code 1982, § 7-135) Sec. 10-281. - Exemptions from division. The sections of this division requiring a permit shall not apply to nonresidents of the city who keep a cat under restraint and within the city for not more than 30 days. (Code 1982, § 7-136) Secs. 10-282278—10-310. - Reserved. DIVISION 3. - RUNNING AT LARGE; NUISANCE[7] Footnotes: --- (7) --- Packet Page Number 149 of 273 I1, Attachment 1 Page 16 of 17 Cross reference— Nuisances, § 18-26 et seq. Sec. 10-311. - Restraint; duty to prevent nuisance. (a) EveryDomestic cats in the city shall be kept under restraint at any time such cat is off the owner's premises. (b) It shall be the obligation and responsibility of the owner or custodian of any cat in the city, whether permanently or temporarily therein, to prevent such cat from committing any act which constitutes a nuisance as defined in subsection (c) of this section. (c) For the purpose of this section, a cat shall be deemed to constitute a nuisance when the cat: (1) Is not confined to the owner's or custodian's property by adequate fencing or leashing or if the cat is off the premises of the owner or custodian and is not under control of the owner or custodian by a leash not exceeding eight feet in length, when not confined in a motor vehicle or cage. (2) Commits damage to the person or property of anyone other than the owner; creates a nuisance on the property of one other than the owner, such as damaging property, plantings, or structures; deposits fecal material on property other than that of the owner; scratches or bites a person; or cries, howls or loudly mews at night to disturb people other than the owner. (d) Failure on the part of the owner or custodian to prevent histheir cat from committing an act of nuisance shall be a petty misdemeanor and shall be subject to the penalty provided for such offense. (Code 1982, § 7-146) Sec. 10-312. - Female cats in heat. Every female cat in heat in the city shall be confined in a building or secure enclosure in such manner that such female cat cannot come into contact with another cat, except for planned breeding. (Code 1982, § 7-147) Secs. 10-313—10-340. - Reserved. DIVISION 4. – IMPOUNDMENT/CAT MANAGEMENT Sec. 10-341. - Authority; notice to known owners; reclamation by owners; disposal of unclaimed cats. Cats running at large in the city may be taken by the police, the animal control officer or to the Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded cats shall be kept for not less than five days, unless reclaimed by their owners. If by a permit, by a tag or by other means the owner can be identified, the animal control officer shall immediately, upon impoundment, notify the owner by telephone or mail of the impoundment of the cat. Cats not claimed by their owners within five days shall be humanely disposed of by an agency designated by the council. Maplewood police officers or animal control officers are not authorized to impound lost or recovered cats except when a citizen is unable to transport the animal, or when an officer Packet Page Number 150 of 273 I1, Attachment 1 Page 17 of 17 reasonably believes the cat represents a public safety risk, or when a cat requires quarantine due to a bite, or in other circumstances as approved by the police chief or their designee. The police department shall support recovered cat and stray cat population management efforts by offering live traps to interested residents and referring recovered cats or trapped stray cats to the Animal Humane Society. (Code 1982, § 7-161) Sec. 10-342. - Fees; additional penalties. Any owner reclaiming an animal under this division shall pay a fee as set by council resolution from time to timethe Humane Society. The owner may also be proceeded against for violation of this article, and his permit may be revoked. (Code 1982, § 7-162) Secs. 10-343—10-370. - Reserved. Packet Page Number 151 of 273 I1, Attachment 2 Page 1 of 2 Summary Ordinance Amending Chapter 10, Article III Dogs and Article IV Cats ARTICLE III. - DOGS Sec. 10-95. - Tags. Upon issuing a permit to keep any dog under this division, the clerk shall issue to the owner a metallic or durable plastic tag stamped with an identifying number and with the month/date/year of expiration and so designated that it may be conveniently fastened to a dog collar or harness. Such tag shall be fastened to the dog's collar or harness by the owner and shall be worn at all times. The clerk shall maintain a record of the identifying numbers and shall make this record available to the public. Sec. 10-127. - Duty of owners. (a) No owner or custodian of any dog, whether permitted or unpermitted, shall allow such dog to run at large, with the exception of within a designated off-leash dog area. It shall be the obligation of the owner or custodian of any dog in the city, whether permanently or temporarily therein, to prevent any such dog at anytime to be on any street, public park (with the exception of a park within an off-leash dog area as designated by Ramsey County or the City of Maplewood), school grounds or public place without being effectively restrained by a chain or leash not exceeding eight feet in length. DIVISION 5. - DANGEROUS DOGS Sec. 10-189. - Dangerous/potentially dangerous dogs. (4) Request for hearing and hearing. An owner may appeal the initial determination by filing a request and payment of the applicable fee for the hearing with the city manager within five days of the owner's receipt of the notice of initial determination. A hearing shall be held within seven days after the city's receipt of the request for hearing. The city manager shall assign a hearing officer, who shall not be the person who made the initial determination. At the hearing, the hearing officer shall consider the reports and comments of the animal control authority, the testimony of any witnesses, witness statements and the comments of the owner of the dog. After considering all of the evidence submitted, the hearing officer shall make written findings and shall determine whether the dog is a potentially dangerous dog or a dangerous dog (final determination). The findings shall be made within five days of the date of the hearing and shall be personally served upon the owner of the dog or upon a person of suitable age at the residence of the owner. (10) Potentially dangerous dog restrictions. a. Registration required. No person may keep a potentially dangerous dog in the City of Maplewood unless the dog is registered with the city clerk as provided in this section. The city clerk shall issue a certificate of registration to the owner of a potentially dangerous dog if the owner presents the following information: 1. Microchip. The owner has had a microchip identification implanted in the potentially dangerous dog, and the name of the microchip manufacturer and identification number of the microchip must be provided to the animal control Packet Page Number 152 of 273 I1, Attachment 2 Page 2 of 2 authority. If the microchip is not implanted by the owner, it may be implanted by the animal control authority with the costs borne by the dog's owner. ARTICLE IV. - CATS DIVISION 2. - RABIES VACCINATION Sec. 10-276. - Reserved. Sec. 10-277. - Current rabies vaccination certificate required. (a) A current rabies vaccination certificate must be obtained for the each cat on the premise, kept up to date and have available upon request by the animal control officer. Secs. 10-278—10-310. - Reserved. DIVISION 3. - RUNNING AT LARGE; NUISANCE[7] Sec. 10-311. - Restraint; duty to prevent nuisance. (a) Domestic cats in the city shall be kept under restraint at any time such cat is off the owner's premises. (d) Failure on the part of the owner or custodian to prevent their cat from committing an act of nuisance shall be a petty misdemeanor and shall be subject to the penalty provided for such offense. DIVISION 4. – IMPOUNDMENT/CAT MANAGEMENT Sec. 10-341. - Authority; notice to known owners; reclamation by owners; disposal of unclaimed cats. Cats running at large in the city may be taken to the Humane Society and impounded in an animal shelter and there confined in a humane manner. Impounded cats shall be kept for not less than five days, unless reclaimed by their owners. Cats not claimed by their owners within five days shall be humanely disposed of by an agency designated by the council. Maplewood police officers or animal control officers are not authorized to impound lost or recovered cats except when a citizen is unable to transport the animal, or when an officer reasonably believes the cat represents a public safety risk, or when a cat requires quarantine due to a bite, or in other circumstances as approved by the police chief or their designee. The police department shall support recovered cat and stray cat population management efforts by offering live traps to interested residents and referring recovered cats or trapped stray cats to the Animal Humane Society. Sec. 10-342. - Fees; additional penalties. Any owner reclaiming an animal under this division shall pay a fee as set by the Humane Society. Packet Page Number 153 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works DATE: November 15, 2016 SUBJECT: Consider Resolution Supporting the Refined Alignment for the Gateway “Gold Line” Corridor, Project 14-05 Introduction The Policy Advisory Committee for the Gateway “Gold Line” corridor project has recommended a revised draft Locally Preferred Alternative (LPA), provided a 30-day comment period from October 13, 2016 to November 13, 2016 and conducted a public hearing regarding the revised LPA on November 10th. The revisions to the LPA affected the cities of Oakdale and Woodbury, which are being asked to officially consider a resolution of support, prior to the Gateway Corridor Commission taking action on the revised draft LPA at its meeting on December 8th. The Maplewood City Council should consider a resolution of support of the refined alignment for the Gateway “Gold Line” corridor project at its November 28th meeting. The Oakdale City Council is scheduled to consider this item at its November 22nd meeting while Woodbury is considering this item at its November 30th meeting. Background In September 2014, the original LPA was identified for the Gateway “Gold Line” project. The Gateway “Gold Line” project will provide for a dedicated guideway for Bus Rapid Transit (BRT) and infrastructure improvements from Union Depot in St. Paul to Woodbury, generally along the I-94 corridor. The far eastern portion of the original LPA (Segment E) was depicted as a ‘yellow bubble’ generally on the Hudson Road-Hudson Boulevard alignment that crosses to the south side of I-94 somewhere between Lake Elmo Avenue/Settlers Ridge Parkway and Manning Avenue (see “Original LPA” map on the following page). The lack of a refined alignment for Segment E was due in part to the fact that Metro Transit had not yet finalized the location of the express bus park-and-ride facility that is being planned in the vicinity of Manning Avenue and I- 94. The Maplewood City Council adopted a resolution supporting the original alignment LPA on September 22, 2014. The LPA with the ‘yellow bubble’ was adopted by the Metropolitan Council as part of the 2040 Transportation Policy Plan in February 2015, with the expectation that the route in Segment E would be further analyzed and refined over the next year. I2 Packet Page Number 154 of 273 In 2015, there was additional analysis and coordination to determine a more defined route on the eastern end of the project between Lake Elmo Avenue/Settlers Ridge Parkway and Manning Avenue (see “Refined LPA” map below). This ‘refined LPA’ was vetted through the prescribed process and public hearing. On December 9, 2015, the Woodbury City Council adopted a resolution supporting the refined LPA. The City of Lake Elmo however did not support the refined LPA, essentially voting to withdraw its support of the Gateway Gold Line. Over this past year, the Gateway Corridor Commission, its committees, and the cities have reevaluated the route and station locations for the “D” and “E” segments of the alignment. This began with reviewing the potential destinations for BRT riders to help determine which station locations and alignments should be considered for further evaluation. Given the fact that Lake Elmo had withdrawn its support, another issue to consider was where and how the route would cross over I-94 from Oakdale to Woodbury. Finally each city had a unique set of objectives in terms of the alignment, station locations and development/ redevelopment opportunities, which were taken into consideration. As part of the evaluation of the ‘revised LPA’, the Woodbury Theatre park-and-ride was identified as a possible terminus for the Gateway Gold Line, as it would allow the BRT’s all-day bi-directional service to complement the existing express bus service. Since the Met Council owns, not leases, this park and ride facility, there are some unique opportunities for future transit oriented redevelopment. Other key factors considered include cost, flexibility, ridership, economic development and redevelopment potential, and operational efficiency/system integration. Several proposed bridge crossings were considered by the Technical Advisory Committee (TAC), Community Advisory Committee (CAC), and Policy Advisory Committee (PAC) taking these factors into consideration. I2 Packet Page Number 155 of 273 Hadley to Weir Helmo to Bielenberg BRT only Bridge Inwood to Radio Stations • One residential station in Oakdale • Connector bus service to other two stations Stations • Two stations in Oakdale provide access to job centers and residents • Connector bus service to Inwood Station Stations • Two stations in Oakdale provide access to job center and residents • Connector bus service to Inwood Station Stations • Three stations in Oakdale provide access to job centers and residents Bridge • Elevations create engineering and access challenges • Car, bike, pedestrian bridge helps traffic on Inwood/Radio Bridge • Less engineering concerns than Hadley/Weir • Car, bike, pedestrian bridge helps traffic on Inwood/Radio Bridge • Long bridge; expensive • No car/bike/pedestrian benefit Bridge • No BRT only lanes • High traffic on bridge would slow BRT travel and decrease number of riders Route • Avoids residential concerns on 4th Street in Oakdale Route • Avoids most residential concerns on 4th Street in Oakdale Route • Avoids most residential concerns on 4th Street • Could create residential concerns for Hudson Blvd. in Oakdale Route • Impacts to 4th Street remain Technical Recommendation Screen from further evaluation Technical Recommendation Continue to evaluate Technical Recommendation Screen from further evaluation Technical Recommendation Screen from further evaluation As noted in the table above, the Helmo to Bielenberg bridge alignment was the only option that was recommended for continued evaluation. Under this option, the working group and TAC also evaluated several alignment options within the Oakdale city limits (see image on the following page), including options that connected to or ended at the Guardian Angels park-and- ride. I2 Packet Page Number 156 of 273 The TAC further analyzed two alternatives, one of which ended at Guardian Angels (Inwood Station) as shown below. The TAC determined that the “End at Inwood” option has weak short and long term ridership potential that wouldn’t rate well in the Federal Transit Authority’s mobility criteria. The number of jobs served in the near- and long-term was also lower than the Helmo/Bielenberg option. The other alternative that was further analyzed by the TAC was the Helmo/Bielenberg option (see “Helmo/Bielenberg” map on the following page). This option includes a new vehicle bridge crossing, which would include a dedicated BRT guideway as well as pedestrian and bike lanes, connecting Helmo Avenue in Oakdale and Bielenberg Drive in Woodbury. This alignment option would run down Bielenberg Drive to Guider Drive, ending at the Woodbury Theatre park- and-ride. The TAC determined that this alignment has strong short- and long-term ridership and development potential. It allows the Gold Line to serve both Oakdale, Woodbury, and Maplewood and has a higher level of jobs in the near- and long-term. This alignment option would include two stations in Woodbury. The Tamarack Station would be just to the north of the Sheraton entrance and south of the Hartford entrance, and the Woodbury Theatre Station, would be at the current express bus park-and-ride location. I2 Packet Page Number 157 of 273 The project design is only at 1% engineering, and the design will be refined in the project development stage. The map below outlines some of the initial design elements identified. I2 Packet Page Number 158 of 273 Based on the quantitative analysis regarding ridership potential, job access, and cost, the TAC recommended to the PAC that the Helmo/Bielenberg route should be the only route studied in the environmental document, and as such that it should be the revised Draft Locally Preferred Alternative. The PAC concurred with this recommendation at their October 13, 2016 meeting, triggering the start of the 30-day public comment period, which ran from October 13, 2016 to November 13, 2016. The PAC held a public hearing on November 10, 2016 at Woodbury City Hall as part of this process. The following link will provide a summary of the comments received, and will be updated once the public comment period has ended. http://thegatewaycorridor.com/wp-content/uploads/2016/10/2016-10-06-Eastern-End-Public- Comment-Summary_FINAL.pdf The Gateway Corridor Commission will make its final recommendation on the revised LPA at their December 8, 2016 meeting. The cities of Oakdale and Woodbury and the Washington County Regional Railroad Authority are asked to provide an official resolution of support for the revised LPA, so that it can be forwarded to the Metropolitan Council, and the Transportation Policy Plan can be updated accordingly. Maplewood has voluntarily also moved forward action on the refined alignment and LPA although not required because the alignment in Maplewood remains the same; along the north side of I-94 near 3M between McKnight Rd and Century Ave. Woodbury’s Council is scheduled to consider this action at its November 30, 2016 meeting, and Oakdale’s Council meeting is scheduled for November 22, 2016. Budget Impact There is no budget impact with this recommended action. I2 Packet Page Number 159 of 273 Recommendation It is recommended that the City Council Consider Approving a Resolution Supporting the Refined Alignment for the Gateway “Gold Line” Corridor, Project 14-05. Attachments 1. Refined LPA Resolution (Action Item) 2. Original LPA Resolution Minutes 3. PowerPoint Presentation I2 Packet Page Number 160 of 273 RESOLUTION TRANSMITTING THE CITY OF MAPLEWOOD’S SUPPORT FOR THE REFINED EAST END SECTION OF THE LOCALLY PREFERRED ALTERNATIVE (LPA) THAT RUNS THROUGH THE CITIES OF OAKDALE AND WOODBURY TO THE GATEWAY CORRIDOR POLICY ADVISORY COMMITTEE (PAC), GATEWAY CORRIDOR COMMISSION (GCC), WASHINGTON COUNTY REGIONAL RAILROAD AUTHORITY AND METROPOLITAN COUNCIL WHEREAS, the Gateway Corridor is a proposed project that will provide for transit infrastructure improvements in the eastern portion of the Twin Cities, and; WHEREAS, the purpose of the project is to provide transit service to meet the existing and long-term regional mobility and local accessibility needs for businesses and the traveling public within the project area by providing all day bi-directional station-to-station service that compliments existing and planned express bus service in the corridor, and; WHEREAS, the Gateway Corridor is located in Ramsey and Washington Counties, Minnesota, extending approximately 9 miles, and connecting downtown Saint Paul with its East Side neighborhoods and the suburbs of Maplewood, Landfall, Oakdale, and Woodbury, and; WHEREAS, the Gateway Corridor project received the important Presidential designation as a Federal Infrastructure Permitting Dashboard Project, and; WHEREAS, the identification of a Locally Preferred Alternative (LPA) is a critical first step in pursuing federal funding for the Gateway Corridor project, and; WHEREAS, the LPA includes the definition of the Gateway Corridor mode and a conceptual alignment which can be refined through further engineering efforts, and; WHEREAS, LPA resolutions of support for the BRT Alternative A-B-C-D2-E2 generally on the Hudson Road – Hudson Boulevard alignment that crosses to the south side of I-94 between approximately Lake Elmo Avenue and Manning Avenue were provided by the PAC, GCC, each of the Gateway Corridor cities, and Ramsey and Washington County Regional Railroad Authorities in 2014, and; WHEREAS, the Gateway Corridor (Gold Line) was officially included in the Metropolitan Council’s 2040 Transportation Policy Plan, and; WHEREAS, several alignment and station location options were developed and assessed as part of the LPA refinement process from Lake Elmo/Settlers Ridge Parkway to Manning Avenue in Lake Elmo; and WHEREAS, on September 22, 2014, the Maplewood City Council took action on the Original LPA alignment; WHEREAS, in January 2016 the Lake Elmo City Council took action to not support the Gateway project through their community, requiring further refinement of the LPA alignment east of I-694, and; WHEREAS, additional alignment and station options have been evaluated east of I-694 in the cities of Oakdale and Woodbury, and; WHEREAS, the East End Working Group, Technical Advisory Committee, Community Advisory Committee, Policy Advisory Committee and Gateway Corridor Commission after reviewing technical analysis and input from the public, recommended the Dedicated BRT Alternative A-B-C-D3 (see figure) as the refined LPA for public comment, and; WHEREAS, the Policy Advisory Committee and Gateway Corridor Commission held a public hearing on November 10, 2016 at the Woodbury City Hall on the recommended LPA, at which time people testified, and; WHEREAS, the comment period for the recommended LPA remained open through November 13, during which time comments were received, and; I2, Attachment 1 Packet Page Number 161 of 273 NOW THEREFORE BE IT RESOLVED that the City of Maplewood has taken into consideration the technical information and public input on each of the east end alignment and station options for the section of the corridor east of I-694 in the Cities of Oakdale and Woodbury, and hereby identifies Dedicated BRT Alternative A-B-C-D3 (see figure) as the LPA. The LPA alignment from west of I-694 remains unchanged; and BE IT FURTHER RESOLVED that the City of Maplewood commits to working with the Washington County Regional Railroad Authority (WCRRA), on behalf of the Gateway Corridor Commission and the Metropolitan Council to address areas of particular importance to the City of Maplewood (as previously identified in the Original LPA Resolution adopted on the 22nd day of September 2014) and other stakeholders. BE IT FURTHER RESOLVED that this resolution adopted by the City of Maplewood be forwarded to the Policy Advisory Committee, Gateway Corridor Commission, Washington County Regional Railroad Authority and the Metropolitan Council for their consideration. Adopted by the Maplewood City Council this 28th day of November 2016. I2, Attachment 1 Packet Page Number 162 of 273 I2, Attachment 2 Packet Page Number 163 of 273 I2, Attachment 2 Packet Page Number 164 of 273 I2, Attachment 2 Packet Page Number 165 of 273 Gateway Corridor Draft Environmental Impact Statement Maplewood City Council Meeting November 28, 2016 1 I2, Attachment 3Packet Page Number 166 of 273 Gateway Corridor Draft Environmental Impact Statement 2 I2, Attachment 3Packet Page Number 167 of 273 Gateway Corridor Draft Environmental Impact Statement Provide transit service to meet the existing and long-term regional travel needs for businesses and residents. Project Purpose and Need I2, Attachment 3Packet Page Number 168 of 273 Gateway Corridor Draft Environmental Impact Statement Bus Rapid Transit I2, Attachment 3Packet Page Number 169 of 273 Gateway Corridor Draft Environmental Impact Statement Public Engagement informs Project Decisions Over 550 stakeholder meetings since spring 2013 Before routes were identified: •Online comments •Open House on October 5 (mailed all residents south of 10th Street) •Touch a Truck Events in Oakdale and Woodbury •E-newsletters, social media, press releases •153 comments 30-day public comment period for Locally Preferred Alternative •Online comments •Open House and Public Hearing November 10 •E-newsletters, social media, press releases •56 comments I2, Attachment 3Packet Page Number 170 of 273 Gateway Corridor Draft Environmental Impact Statement LOCALLY PREFERRED ALTERNATIVE PROCESS AND TECHNICAL DATA 6 I2, Attachment 3Packet Page Number 171 of 273 Gateway Corridor Draft Environmental Impact Statement Action on the Locally Preferred Alternative Cities and Counties are committing to the following: •Update the Met Council Transportation Policy Plan •Current Plan reads: dedicated BRT generally on the Hudson Road that crosses to the south side of I-94 between approximately Lake Elmo Avenue and Manning Avenue •Commitment to advance into 30% engineering •Municipal approval process occurs when more engineering details are known 7 I2, Attachment 3Packet Page Number 172 of 273 Gateway Corridor Draft Environmental Impact Statement Route West of I-694/494 8 I2, Attachment 3Packet Page Number 173 of 273 Gateway Corridor Draft Environmental Impact Statement All Routes East of I-694/494 9 I2, Attachment 3Packet Page Number 174 of 273 Gateway Corridor Draft Environmental Impact Statement Route East of I-694/494 2015 Refined Locally Preferred Alternative –Approved by Woodbury but not Lake Elmo 10 I2, Attachment 3Packet Page Number 175 of 273 Gateway Corridor Draft Environmental Impact Statement How to Connect Oakdale and Woodbury? Hadley to Weir Stations -One residential station in Oakdale -Connector bus service to other two stations Bridge -Elevations create engineering and access challenges -Car, bike, pedestrian bridge helps traffic on Inwood/Radio Route -Avoids residential concerns on 4th Street RECOMMENDATION: SCREEN FROM FURTHER EVALUATION Helmo to Bielenberg Stations -Two stations in Oakdale provide access to job center and residents -Connector bus service to Inwood Station Bridge -Less engineering concerns than Weir/Hadley (Hudson Rd) -Car, bike, pedestrian bridge helps traffic on Inwood/Radio Route -Avoids most residential concerns on 4th Street RECOMMENDATION: CONTINUE TO EVALUATE BRT only bridge Stations -Two stations in Oakdale provide access to job center and residents -Connector bus service to Inwood Station Bridge -Long bridge = expensive -No roadway/bike/pedestrian benefit Route -Avoids most residential concerns on 4th Street -Could create residential concerns for Hudson Blvd RECOMMENDATION: SCREEN FROM FURTHER EVALUATION Inwood to Radio Stations -Three stations in Oakdale provide access to job centers and residents Bridge -No BRT only lanes -High traffic on bridge would slow BRT travel and decrease number of riders Route -Impacts to 4th Street remain RECOMMENDATION: SCREEN FROM FURTHER EVALUATION 11 I2, Attachment 3Packet Page Number 176 of 273 Gateway Corridor Draft Environmental Impact Statement Options Considered in Oakdale 12 I2, Attachment 3Packet Page Number 177 of 273 Gateway Corridor Draft Environmental Impact Statement Where in Woodbury? Balance existing needs of residents and businesses with future needs Manning Avenue development is in the longer term Woodbury assessed where growth is happening today and redevelopment opportunities in the future Bielenberg alignment with connecting bus service is consistent with public input map Woodbury Theater Station 13 I2, Attachment 3Packet Page Number 178 of 273 Gateway Corridor Draft Environmental Impact Statement Loops, Spur, and Out and Back 14 I2, Attachment 3Packet Page Number 179 of 273 Gateway Corridor Draft Environmental Impact Statement End at Inwood Avenue 15 I2, Attachment 3Packet Page Number 180 of 273 Gateway Corridor Draft Environmental Impact Statement Helmo/Bielenberg Route 16 I2, Attachment 3Packet Page Number 181 of 273 Gateway Corridor Draft Environmental Impact Statement Draft Decision •Has strong short term and long term ridership and development potential •Serves both Oakdale and Woodbury’s priority station locations •Serves a high level of retail and non- retail jobs in near and long term •Provides added local and regional benefit because of new roadway bridge •Need design details and cost for final decision making 17 I2, Attachment 3Packet Page Number 182 of 273 Gateway Corridor Draft Environmental Impact Statement Technical Data–Riders Previous Locally Preferred Alternative (to Manning) Draft Locally Preferred Alternative (Helmo/Bielenberg) New Transit Riders 7,050 6,700 % of 2040 Rides 82%84% Commuters coming from St. Paul to suburbs 3,500 3,200 % of 2040 Rides 41%40% If the BRT opened in 2010 5,050 5,400 % of 2040 Rides 59%68% 2040 Riders 8,600 8,000 18 I2, Attachment 3Packet Page Number 183 of 273 Gateway Corridor Draft Environmental Impact Statement Technical Data–Cost Cost Estimate Capital Cost (in year of expenditure dollars)$420 million Operating and Maintenance Costs (in 2015 dollars) $9.7 million 19 I2, Attachment 3Packet Page Number 184 of 273 Gateway Corridor Draft Environmental Impact Statement Draft Locally Preferred Alternative 20 I2, Attachment 3Packet Page Number 185 of 273 Gateway Corridor Draft Environmental Impact Statement LPA Schedule and Process Activity Date 30-Day Comment Period October 13 to November 13 Oakdale City Council Action Woodbury City Council Action November 22 November 30 Final LPA Recommendation TAC: November 16 PAC: December 8 Washington County Action Late December 2016 Metropolitan Council Process to amend Transportation Policy Plan Begins in January 2017 21 I2, Attachment 3Packet Page Number 186 of 273 Gateway Corridor Draft Environmental Impact Statement Additional Opportunities to Learn More and Provide Input Invite Gateway team members to meet with your organization or community group Contact project staff directly at GatewayCorridor@co.washington.mn.us or 651-430-4300 Sign up for email newsletter Visit www.TheGatewayCorridor.com •Videos, project updates, analysis reports, meeting summaries Visit/Like www.facebook.com/GatewayCorridor Comment directly to policy makers at PAC meetings I2, Attachment 3Packet Page Number 187 of 273 Gateway Corridor Draft Environmental Impact Statement Lyssa Leitner, Gateway Gold Line Project Manager Washington County lyssa.leitner@co.washington.mn.us 651-430-4314 23 I2, Attachment 3Packet Page Number 188 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Shann Finwall, AICP, Environmental Planner DATE: November 21, 2016 SUBJECT: Consider Approval of the Maplewood Alzheimer’s Special Care Center, 1700 Beam Avenue A. Preliminary Plat B. Conditional Use Permit Resolution C. Design Review D. Parking Waiver Introduction Project Description JEA Development and Maplewood Care Group, LLC, are proposing to build a 34,491 square foot memory care facility on a vacant lot located on the south side of Beam Avenue, west of the existing US Bank building (1760 Beam Avenue). The address of the facility will be 1700 Beam Avenue. There will be 50 units that accommodate 66 residents with Alzheimer’s, dementia, and related memory issues. Requests A. Preliminary Plat: The project requires a preliminary plat to create four new lots. Lot 1 will be developed with the Alzheimer’s Special Care Center, Lot 2 will remain vacant for future development, and Lots 3 and 4 will be created for the existing buildings on the site (US Bank and Outback Steak). B. Conditional Use Permit: Multi-family housing is permitted in the Business Commercial Modified zoning district with a conditional use permit. C. Design Review: All multi-family housing requires design review approval. D. Parking Waiver: A parking wavier to allow 59 reduced parking spaces than city code requires. Background June 9, 1997: The city council approved a conditional use permit and design review for Outback Steak at 1770 Beam Avenue. Outback Steak is located on the most easterly side of the lot, adjacent Southlawn Drive North. J1 Packet Page Number 189 of 273 2 November 23, 1999: The community design review board approved design review for US Bank at 1760 Beam Avenue. US Bank is located just to the west of Outback Steak, with approved cross access easements from the Southlawn Drive driveway. April 26, 2004: The city council denied a request to rezone and reguide the vacant lot located west of US Bank from Business Commercial Modified to Business Commercial. Rezoning and reguiding the property would have allowed a proposed Dairy Queen with drive up window to be constructed in that location. Discussion Preliminary Plat DeSoto Associates, LLC owns the 7.62 acre property. The owner currently lease land to US Bank and Outback Steak for their businesses that are located on the eastern portion of the lot. To accommodate the sale of the land and development of the Maplewood Alzheimer’s Special Care Center, the applicants and property owner are proposing a preliminary plat (Voran Properties Addition) to subdivide the property into four lots. Lot 1 (136,978 square feet) will be developed as the Maplewood Alzheimer’s Special Care Center. Lot 2 (68,882 square feet) will remain vacant for future development. Lot 3 (49,490 square feet) will include the existing US Bank building. Lot 4 (74,363 square feet) will include the existing Outback Steak building. The overall property is guided Commercial and zoned Business Commercial Modified. The proposed lot sizes meet City code requirements. City code requires parking lots to maintain a five foot side and rear-yard setback. The existing US Bank parking lot will come to within three feet of the new lot line, along the southern portion of the lot. The applicants must submit a revised plat which shows the easterly lot line for Lot 2 shifted to the west to ensure the existing parking lot meets the required setbacks. Alternatively, the applicants can reconstruct that portion of the parking lot to ensure it meets the setbacks. Access to the lots will be accommodated by a Beam Avenue driveway, with right-turn in and right-turn out only, and an existing Southlawn Drive entrance. Cross access agreements will be in place so all four lots can share the entrance points and adjacent driveways. Sanitary sewer and water mains are in place along Beam Avenue to serve the lots. Conditional Use Permit Conditional Use Permit Standards The property is zoned Business Commercial Modified. Multi-family housing is permitted in this zoning district with a conditional use permit. City code requires that the city find that all nine standards outlined in the conditional use permit ordinance are met prior to approval as follows: 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. J1 Packet Page Number 190 of 273 3 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Staff finds that the proposed use of the site as a multi-family use accommodating 66 residents with Alzheimer’s, dementia, and related memory issues meets the standards outlined above. Density There is no set density maximum established for multi-family housing in land that is guided Commercial. The proposed density of the 50 unit facility on the 3.14 acre lot would be 16 units per acre. This falls within the comprehensive plan’s high density designation, which allows a density range between 10 and 25 units per acre. Staff has no issue with this density. Senior facilities such as this have less impacts on traffic and surrounding properties since the residents do not drive and largely stay within the facility. Design Review Architectural The proposed one-level building will be built with a combination of stucco and brick, decorative dual-pane windows, and a shingled roof. The proposed trash and recycling enclosure would also be constructed of brick. Mechanical well screening walls are proposed on the east roofline, hidden from view of the street. J1 Packet Page Number 191 of 273 4 Site Layout The Maplewood Alzheimer’s Special Care Center will be constructed on the newly platted Lot 1. Lot 2 will remain vacant. Lots 3 and 4 will contain the existing US Bank and Outback Steak. Access to the site would occur from a Beam Avenue driveway with right-turn in and right-turn out access, and through a shared driveway from Southlawn Drive. The applicants must submit a cross easement access agreement to the City to ensure all lots have shared access to the driveway entrances and exits. The applicants are proposing a new concrete sidewalk to be constructed the length of Lot 1, along Beam Avenue. There is an existing concrete sidewalk located in front of Lots 3 and 4 (US Bank and Outback Steak). To ensure sidewalk connectivity, the applicant must extend the sidewalk the entire length of Lots 1 and 2, to connect to the existing sidewalk in front of US Bank. There will be a series of sidewalks constructed around the building and within the decorative courtyard. The trash and recycling enclosure will be located on the east side of the building, near the delivery and employee entrance. Parking Lot The parking lot will be constructed of bituminous pavement and concrete curb and gutter. Portions of the lot near the delivery doors and employee entrance on the east side of the building will be constructed of concrete. The parking lot meets setback requirements from the street and adjoining lots, and the parking spaces meet size requirements. The development will require a 59-parking space waiver as outlined below. Parking Waiver City code requires that apartment buildings have two parking spaces for each unit. One of which must be a garage space. With a proposed 50 living units, the code would require 100 parking spaces, 50 of which must be in a garage. The applicant is proposing 41 open parking spaces (59-parking space waiver required). Staff agrees that the proposed 41 parking spaces would be an adequate amount of parking on the property. The city regularly determines that senior housing facilities do not require two parking spaces per unit as code requires for family housing, especially a memory care facility such as this whose tenants do not drive. Other examples of city-approved parking waivers for assisted-living and memory care facilities include: 1. Shores of Lake Phalen, 1870 East Shore Drive: 210 parking spaces required, 52 parking spaces constructed (158-parking space waiver). The Shores did construct an additional 16 parking spaces after the city’s initial review and approval. 2. Gracewood of Maplewood, 2300 Hazelwood Street: 84 parking spaces required, 25 parking spaces constructed (59-parking space waiver). 3. Maple Hill Senior Living, 3030 Southlawn Drive: 230 parking spaces required, 73 parking spaces constructed (157-parking space waiver). J1 Packet Page Number 192 of 273 5 Surrounding Property Owner Comments Staff surveyed the 25 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received one comment from the Ramsey County Parks Department as follows: Jon Oyanagi, Parks and Recreation Director: Immediately to the south of the proposed development there is a natural area owned by the City of Maplewood. Ramsey County owns the property to the south adjoining the Maplewood property. These parcels follow Kohlman Creek. Concerns about the proposed development include: 1. Storm water conveyance. The hope is that all storm water will be handled on Lot 1 and be conveyed into storm water areas away from the parcels to the south and west. 2. Trees and natural features – the preservation of trees to the south and the grades approaching the south are not clear from the information sent. We would be concerned that tree roots are protected at least out to the drip line for all trees bordering of Lot 1. Also unclear is the landscaping plan to the south and west. Screening the natural area from the development would be appreciated. Department Comments Engineering Please see Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. Environmental Please see Shann Finwall’s and Virginia Gaynor’s environmental report, dated November 8, 2016, attached to this report. Building Department Building Official Jason Brash: Applicant must build per the 2012 IBC, 2012 IMC, 2012 IFGC, 2014 NEC, 2015 Minnesota State Fire Code, 2015 Minnesota State Building Code (section 1306), 2015 Minnesota State Plumbing Code with 2012 UPC, 2015 Minnesota State Building Code with MN ANSI A117 (1-2009 accessibility rules). Fire Department Fire Marshal Butch Gervais: Applicant must install fire protection system (sprinklers), fire alarm system, and CO2 detection if there are any gas fueled appliances being used for heating. Delayed control exits need prior Fire Department approval before installation. Fire Department key box will be required and will have a master key to all rooms and entrance. If there is a card access to any place in the building, an access card will need to be placed in the Fire Department key box. The contractor is required to have all Fire Department permits applied for J1 Packet Page Number 193 of 273 6 and approved prior to starting construction. Construction must follow all current State, local and NFPA codes. Police Department Police Chief Paul Schnell: Ensure that adequate security protocols are developed in cooperation with the City. Board/Commission Review November 15, 2016: The community design review board recommended approval of the design review and parking waiver for the Maplewood Alzheimer’s Special Care Center at 1700 Beam Avenue. The board added a condition that the applicant add brick wainscot from the base of the building up to the window line on all elevations. November 15, 2016: The planning commission held a public hearing and recommended approval of the preliminary plat, conditional use permit, and parking waiver for the Maplewood Alzheimer’s Special Care Center at 1700 Beam Avenue. Budget Impact None Recommendations A. Approve the Voran Properties Addition preliminary plat located on the southeast corner of Beam Avenue and Southlawn Drive subject to the following conditions: 1) Submit to staff a revised plat which shows the easterly lot line for Lot 2 shifted to the west to ensure the existing parking lot on Lot 3 meets the required five foot setback. Alternatively, the applicants can submit a revised site plan showing how the existing parking lot on Lot 3 is reconstructed to meet the five-foot setback. 2) Submit to staff copies of the executed cross access agreements for Lots 1 through 4. 3) Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. 4) Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016, attached to this report. B. Approve the conditional use permit resolution attached to allow multi-family senior housing in a Business Commercial Modified zoning district. Approval is based on the findings required by ordinance and subject to the following conditions: 1) All construction shall follow the site plan date-stamped September 30, 2016, approved by the city. Staff may approve minor changes. J1 Packet Page Number 194 of 273 7 2) The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3) The city council shall review this permit in one year. 4) Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016, attached to this report. 5) Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016, attached to this report. 6) This permit allows 50 senior housing units for residents with Alzheimer’s, dementia, and related memory issues. Minor changes to this unit count may be approved by staff. C. Approve the parking waiver of 59 parking spaces for the Maplewood Alzheimer’s Special Care Center at 1700 Beam Avenue. City ordinance requires 100 parking spaces for this site, and the proposed project will provide 41 parking spaces. If a parking shortage develops the city council may require the applicant to secure more parking spaces. D. Approve the plans date-stamped September 30, 2016, for the Maplewood Alzheimer’s Special Care Center at 1700 Beam Avenue. Approval is subject to the applicant complying with the following conditions: 1) Approval of design plans is good for two years. If the applicant has not begun construction within two years, this design review shall be repeated. Staff may approve minor changes to these plans. 2) The applicant shall comply with the conditions noted in Jon Jarosch’s city engineering dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016. 3) The applicant shall comply with the conditions noted in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016. 4) Submit to staff copies of the executed cross access agreements for Lots 1 through 4. 5) Submit to staff a revised lighting plan which shows outdoor lights do not exceed .4 foot candles of lumens at the property line. 6) Submit to staff a revised site plan which shows the concrete sidewalk extending from the westerly lot of Lot 1 to the existing sidewalk located in front of Lot 3. 7) All signage on the property must comply with the City’s sign ordinance and requires separate sign permits. J1 Packet Page Number 195 of 273 8 8) Submit to staff revised elevations showing brick wainscot from the base of the building up to the window line on all elevations. All brick used on the building shall match. 9) The applicant shall provide an irrevocable letter of credit or cash escrow in the amount of 150 percent of the cost of installing the landscaping, before getting a building permit. Attachments 1. Reference Information 2. Location Map 3. Land Use Map 4. Zoning Map 5. Applicant’s Statements 6. Preliminary Plat 7. Proposed Site and Landscape Plan 8. Wetland Map 9. Building Elevation 10. Engineering Report 11. Environmental Report 12. Conditional Use Permit Resolution 13. Applicant’s Plans (separate attachment) J1 Packet Page Number 196 of 273 Reference Information Site Description Site Size: 7.62 Acres Existing Land Use: Vacant land where the proposed Maplewood Alzheimer’s Special Care Center will be constructed, with two existing buildings (Outback Steak and US Bank) located on the east side of the lot Surrounding Land Uses North: Beam Avenue, Birch Run Station/Jakes City Grill/Olive Garden South: City of Maplewood Open Space/Mapletree Townhomes/Single Family Home East: Southlawn Drive North, Chilis Restaurant West: Community Dental Care Planning Existing Land Use: Commercial Existing Zoning: Business Commercial Modified Application Date The city deemed the applicant’s applications complete on October 13, 2016. The initial 60-day review deadline for a decision is November 29, 2016. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. J1, Attachment 1 Packet Page Number 197 of 273 Hazelwood Hillside Beaver Lake Parkside Highwood Gladstone Battle Creek Sherwood Glen Vista Hills Kohlman Lake Western Hills Maplewood Heights Carver Ridge Maplewood, City of Maplewood Maplewood, Source: Esri, DigitalGlobe, GeoEye,Earthstar Geographics, CNES/Airbus DS, USDA, USGS,AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, andthe GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors, and theGIS user community 1760 Beam Avenue East - JEA Senior Living Overview Map J1, Attachment 2 Packet Page Number 198 of 273 Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1760 Beam Avenue East - JEA Senior Living Land Use Map Legend Medium Density ResidentialOpen SpaceCommercial Low Density Residential J1, Attachment 3 Packet Page Number 199 of 273 Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP,swisstopo, and the GIS User Community, Esri, HERE, DeLorme,MapmyIndia, © OpenStreetMap contributors, and the GIS user community 1760 Beam Avenue East - JEA Senior Living Zoning Map Legend Open Space/Park Double Dwelling (r2) Multiple Dwelling (r3) Farm (f) Business Commercial Modified (bcm)Business Commercial (bc) Single Dwelling (r1) J1, Attachment 4 Packet Page Number 200 of 273 September 30, 2016 Attn: Michael Martin City of Maplewood 651-249-2303 Condition Use Application – Written Statement Intended use of the property: This is a state of the art, specialized memory care facility that focuses exclusively on Alzheimer’s, dementia and related memory issues that afflict our aging seniors. This 24-hour, stand-alone facility will accommodate up to 66 residents in a secure and homelike atmosphere, with dedicated and experienced staff and management. Services include three prepared meals daily, housekeeping, laundering, and private bus transportation. Around the clock care and attention is provided to each resident on an individualized basis. Our programs are designed to build upon their strengths. Resident rooms are spacious, comfortable and can accommodate favorite pieces of furniture. Neighborhood compatibility and site planning is thought out to minimize the impact to the existing community. The site is to be extensively landscaped. Usable outdoor spaces include manicured lawn and enclosed courtyards. The building interior design has common areas for a variety of uses and creates a warm inviting atmosphere for residents. JEA Development/Senior Living is a privately owned and operated management and development company that has developed, owned and managed Nursing Homes, Retirement Facilities, Assisted Living and Alzheimer’s Special Care Centers for over 35 years. Why the City Should Approve the Request: We are request approval for the Conditional Use Application as a facility of this type is much needed within the growing community and surrounding Maplewood area. The Alzheimer Facility would be designed to meet and conform to the City’s Code of Ordinance. Our use is a good buffer/transition from the current Restaurants and Service Oriented Businesses along Beam Ave to the residential neighborhood towards the rear of the site. Traffic Generation by our facilities is very minimal. Because residents do not drive, we expect less than two trips per day per suite for visitor and staff purposes, but without the peak hour trip generation. Our Use would not create excessive additional cost to public facilities and or services, as we have certified staff in the building 24/7 for emergency situations. I am happy to answer any additional questions or concerns you may have. We look forward to becoming a member and neighbor of the Maplewood Community. Thanks, Rachel Rudiger JEA Development / Senior Living 260-977-0175 J1, Attachment 5 Packet Page Number 201 of 273 September 30, 2016 Attn: Michael Martin City of Maplewood 651-249-2303 Community Design Review Board Application – Written Narrative Proposing We are proposing a state of the art, specialized memory care facility that focuses exclusively on Alzheimer’s, dementia and related memory issues that afflict our aging seniors. This 24-hour, stand-alone facility will accommodate up to 66 residents in a secure and homelike atmosphere, with dedicated and experienced staff and management. Services include three prepared meals daily, housekeeping, laundering, and private bus transportation. Around the clock care and attention is provided to each resident on an individualized basis. Our programs are designed to build upon their strengths. Resident rooms are spacious, comfortable and can accommodate favorite pieces of furniture. Neighborhood compatibility and site planning is thought out to minimize the impact to the existing community. The site is to be extensively landscaped. Usable outdoor spaces include manicured lawn and enclosed courtyards. JEA Development/Senior Living is a privately owned and operated management and development company that has developed, owned and managed Nursing Homes, Retirement Facilities, Assisted Living and Alzheimer’s Special Care Centers for over 35 years. Traffic / Parking After developing +30 Buildings with the same building footprint and size, we find one parking space per two suites (33 stalls) is sufficient for visitor and staff parking. We typically propose additional spaces for busy times during Holidays. Because residents do not drive, we expect less than two trips per day per suite for visitor and staff purposes, but without the peak hour trip generation. Our facility operates with 3 Staffing Shifts, with shift changes happening during off-peaks hours. Building Exterior For our residents, it is important that the Building reflects Residential Architecture in form. With the existing surroundings primarily being businesses, we are suggesting the main exterior materials to be Stucco and Brick to blend in with the existing buildings in the area. The proposed exterior materials will include Stucco for the main portion of the building with Masonry Brick Accents at the Gabel Ends and Entry, with architectural composition roofing shingles. I am happy to answer any additional questions or concerns you may have. We look forward to becoming a member and neighbor of the Maplewood Community. Thanks, Rachel Rudiger JEA Development / Senior Living 260-977-0175 J1, Attachment 5 Packet Page Number 202 of 273 September 30, 2016 Attn: Michael Martin City of Maplewood 651-249-2303 Request for Special Council Agreement – Written Statement Requesting a Parking Waiver The Current Zoning Ordinance does not have parking specification for our specific project use suse an Alzheimer Special Care Center. With that being said, per code we are to provide 2 Parking Spaces per 1 Unit and 50% of these spaces are to be covered. Our facility has 50 units which means we are to provide 100 Parking Spaces and 50 of those spaces are to be covered. We are proposing and asking for a Special Agreement Approval for 41 Parking Spaces and 0 Covered Spaces. Why City Council Should Approve Special Agreement After developing +30 Buildings with the same building footprint and size, we find one parking space per two suites (33 stalls) is sufficient for visitor and staff parking. We typically propose a few additional spaces for busy times during Holidays. Because residents do not drive, we expect less than two trips per day per suite for visitor and staff purposes, but without the peak hour trip generation. Our facility operates with 3 Staffing Shifts, with shift changes happening during off-peaks hours. As none of the Residents can drive and don’t store vehicle on site, we don’t believe there is a need to provide covered parking stalls. All staff members and employees will work standards shifts ranging from 8-12 hours, similar to a standard business or employer. The 41 Spaces is ample enough parking for our staff, as our Max Shift is 24 Staff Members. I am happy to answer any additional questions or concerns you may have. We look forward to becoming a member and neighbor of the Maplewood Community. Thanks, Rachel Rudiger JEA Development / Senior Living 260-977-0175 J1, Attachment 5 Packet Page Number 203 of 273 J1, Attachment 6Packet Page Number 204 of 273 JS14JS12MP2QE4PG3PV8RG4RG4PV8AF2AF2AM7SA6JC5LS4RO211PC1SSO3SSO12PC1NF9PC1PV18JS2PA11RG4RG4PA11JS2LS4JC4PC1SSO11QE6QE5PG3MP3JS8RG4RO3SA4NF6SH8RO3RT3SH4RO3RG5SA5HM3AA10HX9AA6HM3SH6JS22BP1NF8HX6EP3DL9RG4BP1JS23NF9HX7BP2DL11JS23RG8BP1EP3SS6SA6SA5SH13JS23RO3TM14HA15TM10PO5EP11SA10RO5LS9RG6EP6SH9PA7RG7SSO15AF1SS9SA8TO3SH6EP5TO4HR6SA5TO5SH8EP7TO5SA8RO27RO3CS3JSC3SS4RG4RO7SS3PA3SH3SA3AA3JC7HP3HX4AA6HP3HX7AM3JS5PV7RG5PA9HR9AF1RA3RA5AF1JS12AM6JC5QE1CS6JC5QE1AM6JC5QE1CS6JC5QE1JS6RA8AF1AM4JS5AF1RA4AM6JC10PG3DL31JC7RG9SS7CS3JC11AM5JS27LS11SS7CS6HR7JSC3SS6PA17RG16SH2TM4SH8TM8HA8XX15XX14TM8HA8SS7RG6SA6PA8XX8SH6SA4PA5SH10AM3JSC7RO7DL8PS3DL11JS2ML1JS3HR8CS3DL3PS1DL7SA7AM3NF7QE1PO6QE1SH6JS2ML1RA2HR7JS3RO5JS6SS3RG9RA3ML2JS5SA5RO4SH5RG4JS3RA6JS2BP3SH4LS7NF3RO23SH2MS1SSO3SSO3SH4EP5SS3JS25PA8JS23SS5RO4RG5SSO5BP4RG4JS1BP1SSO3SS8RA7JS3HR3JS7RG3AM5AG1SH3SA5DL40PS5HR10EA3PC3HA9SH3CS3RG3JC12QA5CS5SH5PC3HA8QE1EA7NF3NF2AM3EP6JSC3HR8AM3MP2JS22BP1AS1AS1AS1JS211JS2AM2HR6SEE NOTES FORINFILTRATION BASIN SEEDINGSEE NOTES FORINFILTRATION BASIN SEEDINGRESTORE ALL DISTURBED AREAS ADJACENTTO WALL W/ NATIVE SEED MIX, SEE NOTES.EXISTING TREE TO BEPRESERVED, TYP.TURFTURFTURFTURFTURFTURFTURFTURFTURFTURFTURFTURFMS1MS1THERAPYGARDENPLANTINGSTBDTHERAPY GARDENPLANTINGS TBDHP5NF6AM3SH7SS5PA7RG17RO5AM3SH8JS24RO9JS23NF7RG3JS4LS7HR3NF5HR7RO23JS3RO2CS3TO3RO24SH5TM4LS3SH8RG6SA7SA7NF10LS5TM3TM3SH4EP6JS23CD20ownerstampdescriptiondatesheet numberNOT FOR CONSTRUCTIONtitlecolberg|tewsMaplewood Alzheimer's Special Care Center Maplewood, MN D R A F T SLI hereby certify that this plan was prepared by me orunder my direct supervision and that I am a dulyregistered landscape architect in the State of Minnesota.signaturenamedatereg. no.GARRETT A. TEWS 48408 9/30/20160 10'20'NORTH40'DRAWING NOTES1. INFILTRATION BASINS AND DISTURBED AREAS ADJACENT TO NEW RETAINING WALLS TO BE SEEDED WITH NATIVEGRASS AND WILDFLOWER SEED MIXES PROVIDED BY PRAIRIE RESTORATIONS, INC. (762-389-4342). SEE L102 FORINFILTRATION BASIN SEED MIX TYPE AND SEEDING RATE. AT DISTURBED AREAS ADJACENT TO NEW RETAININGWALLS, PROVIDE 'SAVANNA' GRASS & WILDFLOWER SEED MIXES. APPLY AT RATES RECOMMENDED BY SUPPLIER.PROVIDE EROSION CONTROL DEVICES PER SUPPLIER RECOMMENDATION. SUBMIT SEED MIXES TO LANDSCAPEARCHITECT FOR APPROVAL. NO LANDSCAPE EDGING TO BE PROVIDED BETWEEN SEEDED AREAS AND SURROUNDINGTURF.2. INFILTRATION BASIN EROSION CONTROL DEVICES TO BE IMPLEMENTED AS FOLLOWS: PROVIDE STRAW/COCONUTBLANKET W/ BIONET (SC-150BN) AROUND PERIMETER OF EACH BASIN AT THE WIDTH OF ONE ROLL (6.67'). PROVIDESTRAW BLANKET (S-150BN) IN ALL REMAINING AREAS. INSTALL EROSION CONTROL DEVICES PER SUPPLIERRECOMMENDATIONS.3. CONTRACTOR TO PROVIDE MIN. 3-YEAR MAINTENANCE PLAN FOR NATIVE-SEEDED AREAS FOR REVIEW & APPROVALBY OWNER.4. SEE L101 FOR TREE MITIGATION PLAN5. SEE L102 FOR PLANTING NOTES & DETAILS.6. SEE C401 FOR TREE INVENTORY & REMOVAL PLAN.L100 PLANTING SCHEDULETAGQTYCOMMON NAMEBOTANICAL NAMESIZE NOTESTREESAF 9 SIENNA GLEN MAPLEACER X FREMANII 'SIENNA GLEN'3" BB STRAIGHT LEADERAG 1AUTUMN BRILLIANCESERVICEBERRYAMELANCHIER X GRANDIFLORA 'AUTUMNBRILLIANCE'6' BBCLUMP FORMAS 3 FALL FIESTA SUGAR MAPLE ACER SACCHARUM 'BAILSTA'3" BB STRAIGHT LEADERBP 14 WHITESPIRE BIRCHBETULA POPULIFOLIA 'WHITESPIRE'3" BBSINGLE STEMCC THORNLESS HAWTHORNCRATAEGUS CRUS-GALLI VAR. INERMIS 1.5" BB --MA ADIRONDACK CRABAPPLE MALUS 'ADIRONDACK'1.5" BB--ML 4 LEONARD MESSEI MAGNOLIA MAGNOLIA X LOEBNERI 'LEONARD MESSEI' 6' BB CLUMP FORMMP 7 PINK SPIRES CRABAPPLEMALUS 'PINK SPIRES'1.5" BB--MS 3 SPRING SNOW CRABAPPLE MALUS 'SPRING SNOW'1.5" BB --PC 12 CRIMSON POINTE PLUMPRUNUS X CERASIFERA 'CRIPOIZAM'1.5" BB--PG 9 BLACK HILLS SPRUCEPICEA GLAUCA DENSATA8' BB --PS9COLUMNAR EASTERN WHITE PINE PINUS STROBUS 'FASTIGATA'6' BB--QA5CRIMSON SPIRE OAKQUERCUS ALBA X QUERCUS ROBUR3" BB STRAIGHT LEADERQE22 NORTHERN PIN OAKQUERCUS ELLIPSOIDALIS3" BBSTRAIGHT LEADERSHRUBSAM 62IROQUOIS BEAUTY CHOKEBERRYARONIA MELANOCARPA 'MORTON' 5 GAL --CS38ARCTIC FIRE DOGWOODCORNUS SERICEA 'FARROW'5 GAL --DL 120 DWARF BUSH HONEYSUCKLE DIERVILLA LONICERA5 GAL --EA10DWARF BURNING BUSHEUONYMUS ALATUS 'COMPACTUS' 7 GAL --HA 48 ANNABELLE HYDRANGEAHYDRANGEA ARBORESCENS 'ANNABELLE' 5 GAL --HP 11 BOMBSHELL HYDRANGEAHYRANGEA PANICULATA 'BOMBSHELL' 3 GAL --JC 76 JUNIPER 'SEA GREEN'JUNIPERUS CHINENSIS 'SEA GREEN' 5 GAL --JS115JUNIPER 'ARCADIA'JUNIPERUS SABINA 'ARCADIA'5 GAL --JS2 49 JUNIPER 'CALGARY CARPET' JUNIPERUS SABINA 'MONNA'5 GAL --JSC16JUNIPER 'MEDORA'JUNIPERUS SCOPULORUM 'MEDORA' 10 GAL --PO 11 SUMMER WINE NINEBARKPHYSOCARPUS OPULIFOLIUS 'SEWARD' 5 GAL --RA38GRO-LOW SUMACRHUS AROMATICA 'GRO-LOW'5 GAL --RO 71 CAREFREE DELIGHT ROSE ROSA 'CAREFREE DELIGHT'3 GAL --RO228SNOW PAVEMENT ROSEROSA 'SNOW PAVEMENT'3 GAL --RT 3 TIGER EYES SUMACRHUS TYPHINA 'BAILTIGER'5 GAL --SSO55SEM ASH LEAF SPIREASORBARIA SORBIFOLIA 'SEM'5 GAL --TM54TAUNTON YEWTAXUS X MEDIA 'TAUNTONII'5 GAL --TO20HETZ MIDGET ARBORVITAE THUJA OCCIDENTALIS 'HETZ MIDGET' 5 GAL --PERENNIALSAA 25 WHITE GLORIA ASTILBEASTILBE ARENDSII 'WHITE GLORIA' 1 GALCD 20 GOLD FOUNTAIN SEDGECAREX DOLICHOSTACHYA 'KAGA NISHIKI' 1 GALEP67PURPLE CONEFLOWERECHINACEA PURPUREA 'POWWOW WILDBERRY'1 GALHX 33 CARAMEL HEUCHERAHEUCHERA X VILLOSA 'CARAMEL'1 GALHM6GOLDEN JAPANESE FOREST GRASS HAKONECHLOA MACRA 'AUREOLA' 1 GALHR 74 RUBY STELLA DAYLILYHEMEROCALLIS 'RUBY STELLA'1 GALLS50LIATRIS, FLORISTAN VIOLETTLIATRIS SPICATA 'FLORISTAN VIOLETT' 1 GALNF 75 WALKER'S LOW CATMINTNEPETA FAASSENII 'WALKER'S LOW' 1 GALPA86LITTLE SPIRE RUSSIAN SAGE PEROVSKIA ATRIPLICIFOLIA 'LITTLE SPIRE' 1 GALPV 41 PRAIRIE FIRE SWITCHGRASS PANICUM VIRGATUM 'PRAIRIE FIRE' 1 GALRG 144 GOLDSTURM RUDBECKIARUDBECKIA 'GOLDSTURM'1 GALSA 119 AUTUMN FIRE SEDUMSEDUM X 'AUTUMN FIRE'1 GALSS67LITTLE BLUESTEM 'BLUE HEAVEN' SCHYZACHYRIUM SCOPARIUM 'MINNBLUE A' 1 GALSH 147 PRAIRIE DROPSEEDSPOROBOLUS HETEROLEPIS1 GALPLANTING PLANL 100LAND USE SUBMITTAL9/30/2016DECORATIVE LANDSCAPE BOULDERS, TYP. SIZE: 18"-48"DIA. TYPE: TBD.DRAWING KEYJ1, Attachment 7Packet Page Number 205 of 273 J1, Attachment 8Packet Page Number 206 of 273 J1, Attachment 9Packet Page Number 207 of 273 Engineering Plan Review PROJECT: Maplewood Alzheimer’s Special Care Center PROJECT NO: 16-33 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 10-31-2016 PLAN SET: Engineering plans dated 9-28-2016 REPORTS: Storm Water Management Report – Dated 9-16-2016 The applicant is proposing to construct a memory care facility on a vacant lot west of the existing US Bank along the south side of Beam Avenue. The applicant is requesting a review of the current design. As the amount of disturbance on this site is greater than 0.5 acre, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicants proposed design meets the City’s requirements via the use of infiltration basins along Beam Avenue, as well as an underground filtration system near the southeast corner of the property. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management 1)The project shall be submitted to the Ramsey-Washington Metro Watershed District (RW MWD) for review. All conditions of the RWMWD shall be met. Permit coverage from the RWMWD is required prior to the issuance of a City grading permit. 2)Emergency overland overflows shall be identified on the plans for the low area at the south side of the building. Overflows shall contain adequate protection to prevent erosion. 3)Pre-treatment devices shall be installed upstream of all onsite water quality features including the filtration basins and underground filtration system. Sumps shall be 3-feet or greater in depth. 4)High water level for the proposed StormTrap system shall be shown on the grading plan. 5)Cleanouts shall be installed at all bend locations for the proposed draintile. J1, Attachment 10 Packet Page Number 208 of 273 6)The pipe discharging near the southeast corner of the property shall be extended, or have adequate scour protection extended, to the normal water level of the neighboring pond. Grading and Erosion Control 7)Silt fencing along the south side of the site shall be heavy-duty mesh backed or double- row standard silt fence to protect the neighboring ponding areas. It is also recommended that woodchips generated from onsite tree and brush clearing be used in this area to capture eroded sediment and slow runoff. 8)Grading along the retaining walls at the south end of the proposed building shall be shown on the plans. 9)All slopes shall be 3H:1V or flatter. 10)Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. 11)Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 12)All pedestrian facilities shall be ADA compliant. 13)A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 14)The total grading volume (cut/fill) shall be noted on the plans. 15)A building permit is needed for retaining walls over 4-feet in height. 16)Cross-access agreements shall be provided to the City detailing the rights and responsibilities of the four proposed lots. Sanitary Sewer and Water Service 17)The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required prior to the issuance of permits. 18)The applicant shall meet all requirements of Saint Paul Regional Water Services as noted below. J1, Attachment 10 Packet Page Number 209 of 273 a.The watermain stub for the future development shall include a valve just south of the tap for the proposed Alzheimer’s Clinic. b.Add Note: W ater services to be installed according to SPRWS “Standards for the Installation of Water Mains.” c.Add Note: A four-sided trench box is required on all excavations deeper than 5 feet where underground work or inspection is to be performed by SPRWS. Ladders are required and must extend 3 feet above the surface of the trench. Sidewalks, pavements, ducts and appurtenant structures shall not be undermined unless a support system or another method of protection is provided. Trenches in excess of 20 feet in depth must be signed off by a registered professional engineer. Excavated material must be kept a minimum of 2 feet from the edge of the trench. d.Add Note: Maintain 8 feet of cover over all water mains and services. e.Add Note: Pipe material for 8” Ductile Iron Pipe must be Class 52, Pipe material for 6” and 4” Ductile Iron Pipe must be Class 53. The exterior of ductile iron pipe shall be coated with a layer of arc-sprayed zinc per ISO 8179. The interior cement mortar lining shall be applied without asphalt seal coat. f.Add Note: Pipe must be wrapped in V-Bio Polywrap encasement. g.Add Note: Maintain 3 feet vertical separation between water and sewer pipes or a 12 inch separation with 4 inch high density insulation per SPRWS Standard Plate D-10 for typical water main offsets. h.Add Note: All pipe work inside of property to be performed by a plumber licensed by the State of Minnesota and Certified by the City of Saint Paul. SPRWS requires separate outside and inside plumbing permits for each new water service. i.Add Note: All unused existing water services to be cut off by SPRWS. Excavation and restoration by owner’s contractor. j.Add Note: Water facility pipework within right of way to be installed by SPRWS. Excavation and restoration by owner’s contractor. k.Add Note: The contractor providing excavation is responsible for obtaining all excavation and obstruction permits required by any governing authority. Ramsey County Comments 19)The applicant shall work with the City and Ramsey County to meet the requirements as set forth in the attached letter from Erin Laberee, Ramsey County Traffic Engineer. J1, Attachment 10 Packet Page Number 210 of 273 Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 20)Grading and erosion control permit 21)Sanitary Sewer Service Permit 22)Storm Sewer Permit - END COMMENTS - J1, Attachment 10 Packet Page Number 211 of 273 November 17, 2016 Jon Jarosch City of Maplewood 1902 County Road B East Maplewood, MN 55109 Re: Alzheimer’s Special Care Center Dear Mr. Jarosch, Thank you for allowing the County to review plans for the Alzheimer’s Special Care Center. Beam Avenue is a County State Aid Road with approximately 15,000 vehicles per day. Access management improves safety and traffic flow. The plans propose a new driveway access onto Beam Avenue. Ideally, access to the Care Center would come from the shared driveway to the east. In discussing the site with the developer, the west access is critical to the Care Center’s operations. The west access will be allowed as a right in and right out. The site plans shows lot splits for the Care Center, the vacant lot, US Bank and Outback Steakhouse. When the vacant lot develops, the construction of a right turn lane will be required at the shared driveway. Ramsey County will construct the turn lane in 2017 and enter into an agreement with the City of Maplewood for reimbursement. The City should ensure though the developers agreement that funding is provided by the Care Center for the turn lane. Please note that a right of way permit will be required for any construction activity occurring within the County’s right of way. Please contact Doug Heidemann at 651‐266‐7186 or douglas.heidemann@co.ramsey.mn.us to discuss permit requirements. Sincerely, Erin Laberee, PE Traffic Engineer J1, Attachment 10 Packet Page Number 212 of 273 Environmental Review Project: Maplewood Alzheimer’s Special Care Center Date of Plans: September 28, 2016 Date of Review: November 8, 2016 Location: Vacant lot located on the south side of Beam Avenue, west of the existing US Bank building (1760 Beam Avenue) Reviewer: Shann Finwall, Environmental Planner (651) 249-2304; shann.finwall@maplewoodmn.gov Virginia Gaynor, Natural Resources Coordinator (651) 249-2416, virginia.gaynor@maplewoodmn.gov Project Background JEA Development and Maplewood Care Group, LLC, are proposing to build a 34,491 square foot memory care facility to accommodate 66 residents. There is a Manage C wetland located to the south of the property, within the City’s open space property. There are several significant trees on the property. The applicant proposes to install three infiltration basins with native seeding. The applicant must comply with the City’s wetland and tree preservation ordinances and native seeding/planting policy. 1.Wetland a.Wetland Ordinance: The wetland ordinance requires a 50-foot buffer for a Manage C wetland. No building, grading, or stormwater structures can be located within the buffer. b.Wetland Impacts: The wetland map reflects that the edge of the Manage C wetland and required 50-foot buffer are entirely on the City’s open space property, outside of the subject property. Therefore, the development will not encroach on the wetland buffer, meeting the City’s wetland buffer requirements. c.Wetland Conditions: None 2.Trees a.Tree Preservation Ordinance: 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. A specimen tree is defined as a healthy tree of any species which is 28 inches in diameter or greater. 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 J1, Attachment 11 Packet Page Number 213 of 273 on that size. The calculation also allows credits to the final tree replacement amount for preserving specimen trees (defined as a healthy tree that is 28 inches in diameter or greater). b.Tree Impacts: There are 35 significant trees equaling 629.5 diameter inches on the property. Five of the trees are considered specimen trees - trees with a diameter greater than 28 inches. The applicant is removing 12 significant trees, which includes two of the specimen trees, equaling 243.5 diameter inches. The City’s tree replacement calculation requires the applicant to replace 64.05 caliper inches of trees, or 32 trees - 2-inch trees. The applicant’s planting plan includes substantial landscaping with 98 trees, for a total of 266 caliper inches of trees, exceeding the City’s tree replacement requirements. c.Tree Preservation Recommendations: 1.Submit a revised tree mitigation plan which reflects the accurate tree mitigation/replacement calculation (adopted as part of the December 2015 tree preservation ordinance). This calculation allows a credit for specimen trees preserved as part of the development (A = total diameter inches of significant trees lost, B = total diameter inches of significant trees on the lot, C = tree replacement constant (1.5), D = total diameter inches of specimen trees preserved, E = required replacement trees; ((A/B - .20) X C) x A – (D/2) = E. The applicant used the City’s previous tree replacement calculation that did not include the specimen tree credit. 2.Submit a tree preservation plan which shows how the trees scheduled to be preserved will be protected during development per the City’s tree standards. 3.The applicant shall submit a cash escrow or letter of credit to cover 150% of the tree replacement requirements. 3.Infiltration Basins a.Infiltration Basins Proposed: There are three infiltration basins on the front of the property, adjacent Beam Avenue. b.City Infiltration Basin Planting Requirements: Large infiltration basins will ideally be planted with deep-rooted native plants. The City requires a portion of the basin to be planted rather than seeded. Using plants rather than seeds hastens establishment and provides a better chance of successful establishment. Basin bottoms and lower elevations almost never establish successfully from seed since the seed is washed away when stormwater flows into the basin. J1, Attachment 11 Packet Page Number 214 of 273 c.Infiltration Basin Recommendations: 1.Provide a landscape plan for each infiltration basin, including a list of species, container size, spacing, and quantities to be approved by City staff. 2.For any area using a native seed mix (ex: pond slopes), provide information on maintenance for planting year and years two and three, addressing what maintenance activities will be required and what entity (developer, owner, etc.) will take on this responsibility. J1, Attachment 11 Packet Page Number 215 of 273 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, JEA Development/Maple Care Group, LLC has applied for a conditional use permit to put a multi-family senior housing facility in a Business Commercial Modified zoning district; WHEREAS, Section 44-558 (1) of the Business Commercial Modified district requirements states that a conditional use permit may be granted for all permitted uses in the R3 district. WHEREAS, this permit applies to the property located at Block 1, Lot 1, Voran Properties Addition (1700 Beam Avenue). WHEREAS, the history of this conditional use permit is as follows: 1. On November 15, 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 approve this permit. 2. On November 28, 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. 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. J1, Attachment 12 Packet Page Number 216 of 273 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. All construction shall follow the site plan date-stamped September 30, 2016, approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The city council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. Comply with the conditions of approval in Jon Jarosch’s city engineering report dated October 31, 2016, and Erin Laberee’s county engineering report dated November 17, 2016. 5. Comply with the conditions of approval in Shann Finwall’s and Virginia Gaynor’s environmental report dated November 8, 2016. 6. This permit allows 50 senior housing units for residents with Alzheimer’s, dementia, and related memory issues. Minor changes to this unit count may be approved by staff. The Maplewood City Council _________ this resolution on November 28, 2016. J1, Attachment 12 Packet Page Number 217 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 18, 2016 SUBJECT: Consider Approval of a Building Expansion for Metro Heating and Cooling, 2303 Atlantic Street North A. Conditional Use Permit Resolution B. Design Review Introduction Project Description Metro Heating and Cooling has purchased the existing 3,669 square foot building at 2303 Atlantic Street North. This business is a permitted use at this location. The applicant is proposing a 2,580 square foot addition which requires approval of a conditional use permit (CUP). This property is located within 350 feet of residential property which city code then requires a CUP for any new commercial building projects. The original building on this site was approved by the city council in 1974 – with a small expansion approved in 1980 – which predates the CUP requirement. This is why a CUP has not previously been approved for this site but the new expansion does trigger the requirement. Request The applicant is requesting city approval for a CUP and design review. Background July 11, 1974: The city council approved plans for the Handy Hitch building. March 7, 1980: The city approved a 1,575 square foot addition to the existing building. Discussion Conditional Use Permit As mentioned already, a CUP is required because the proposed expansion will occur within 350 feet of property the city has guided and zoned for residential use. This site has been used as a commercial site for more than 40 years and the applicant’s use of the site is permitted by the J2 Packet Page Number 218 of 273 zoning code. The existing building will be used for storage of the company’s equipment and small repairs related to their work will be conducted on site. The proposed addition will be used as office space for the company. The proposed expansion will meet all setback requirements and the site plan meets the city’s parking requirements. There have been no negative comments submitted to the city regarding this proposal. A unique aspect of this site is there is a legal, nonconforming house on site. This house is currently occupied. City code allows the continued use of the home but the applicant has been informed if the house were to sit vacant for one year or more it would lose its nonconforming status and would not be allowed to be used as a residence anymore. The applicant intends to continue to use the home as a rental property. Design Review Architectural The exterior of the proposed addition will be sided with a combination of Smart Lap siding, and Board and Baton siding. The roof will be asphalt shingles, with subtle highlight color strips integrated into the shingle patterns. The existing building is proposed to be either painted to match the new colors of the addition, or a random lap siding matching the office portion will be applied over the concrete block. Colors for the siding will be will be dark grey and dark red, with a black and grey roof. Site Plan The proposed building addition is well beyond the required setback of 30 feet from the front property line. The majority of the site currently is paved and the applicant is proposing to remove about 20 percent of the existing asphalt to create green areas around the existing house structure and to the north of the proposed addition. The city ordinance states the following regarding parking lots: All parking lots shall have continuous concrete curbing surrounding the exterior perimeter of the parking lot and drives…The community design review board may waive the curbing requirement when the city engineer has determined that sheet drainage over ground would improve stormwater quality. The applicant has requested the city consider waiving the requirement for concrete curbing. The city engineer has reviewed this request and determined that a waiver should be granted. The city engineer considered the site’s existing conditions and stormwater management and determined the applicant’s plans of removing existing asphalt will greatly improve the overall site. The parking requirements for this site are 17 spaces – four spaces for the warehouse area of the building and 13 spaces for the office space. The applicant’s site plan is proposing 21 spaces – exceeding the city’s requirement. The applicant has stated most of its service vans are kept at the homes of their employees who travel directly to customers and only occasionally will need to visit the company’s office. Trash Enclosure The city ordinance states the following regarding the screening of trash enclosure: J2 Packet Page Number 219 of 273 Trash container enclosures shall be provided around all trash containers and shall be 100 percent opaque. They shall be protected by concrete-filled steel posts or the equivalent, anchored in the ground at the front corners of the structure. If the enclosure is masonry, the protective posts may be omitted. In all instances, the enclosure must be of a design, material and color compatible with the building and be kept in good repair. A gate that provides 100-percent opaqueness shall be provided. The community design review board may waive any part of this requirement if it finds that the trash container would be hidden from adjacent properties and streets. The applicant has requested the CDRB waive this requirement. Schmelz Countryside, neighboring property to the north, submitted comments to the city stating they were concerned about the waiving of this requirement as they believe the trash containers can be viewed from their property. Staff would recommend the applicant install a screening fence between the trash enclosures and the Schmelz property. Landscaping The applicant is not proposing to remove any trees on site. The landscape plan indicates three new trees will be planted as well as several shrubs and other ground level plantings throughout the site. These elements combined with the conversion of asphalt to green space will work to greatly improve the overall aesthetic of this property. Department Comments Engineering Please see Jon Jarosch’s engineering report, dated November 8, 2016, attached to this report. Building Official, Jason Brash Applicant must meet all Minnesota State Building Code requirements. Parks Department, Jim Taylor This property has never paid a parks accessibility charge and will be subject to said charge at the time of building permit. Land value - $306,300 X 9% = $27,567.00 Commission Review Community Design Review Board November 15, 2016: The community design review board reviewed this project and recommended approval to the city council. J2 Packet Page Number 220 of 273 Planning Commission November 15, 2016: The planning commission held a public hearing and reviewed this project and recommended approval to the city council. Budget Impact None. Recommendations A. Approve the attached conditional use permit resolution. This conditional use permit allows a 2,580 square foot building expansion within the M-1 (light manufacturing) zoning district that is within 350 feet of a residential zoning district for the property located 2303 Atlantic Street North. This approval shall be subject to the following conditions: 1. All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a screening fence between its trash containers and the neighboring property to the west. All trash enclosures must be kept on the south end of the building, as indicated by the applicant’s plans, and out of the view from the public right-of-ways. 5. The existing residential structure on this site is a legal, non-conforming use. If the home is vacant for one year or more its legal, non-conforming status ceases and cannot be used for residential purposes. B. Approve the plans date-stamped November 7, 2016, for Metro Heating and Cooling’s proposed building expansion. Approval is subject to the developer complying with the following conditions: 1. This approval is good for two years. After two years, the design-review process shall be repeated if the developer has not begun construction. 2. All requirements of the fire marshal and building official must be met. 3. The applicants shall comply with all requirements of the Maplewood Engineering Report from Jon Jarosch dated November 8, 2016. 4. The applicants shall provide the city with cash escrow or an irrevocable letter of credit for 150 percent of the proposed exterior landscaping and site improvements prior to getting a building permit for the development. J2 Packet Page Number 221 of 273 5. The applicant shall provide a screening fence between its trash containers and the neighboring property to the west. All trash enclosures must be kept on the south end of the building, as indicated by the applicant’s plans, and out of the view from the public right-of-ways. 6. The removal of the existing asphalt for the parking lot will not require the applicant to install concrete curbing as determined by the city engineer. 7. All work shall follow the approved plans. The director of environmental and economic development may approve minor changes. Citizen Comments Staff surveyed the 31 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received four responses – all in favor generally for the proposal. 1. Metro Heating and Cooling is a reputable company – a company that we have been a repeat customer of. Very happy to see them come into the neighborhood and to occupy the space. We have no objections with this plan moving forward. (David and Theresa Goetzke, 1209 Lark Avenue East) 2. We are absolutely in favor of this improvement! Happy it’s another family business going in there after Handy Hitch was there for 40 years serving the community. Good addition to the neighborhood. (Tracy and Joseph Mincher, 2303 Atlantic Street North) 3. Schmelz Family LLC and Schmelz Countryside VW does not object to the general scope of the project. Our only concern is that the dumpsters be enclosed since it would be visible from our property. (Schmelz Family LLC, 1180 Highway 36 East) 4. It looks good to me. We are in favor of this proposal. (Stephen Linn, 1789 Woodland Drive, Woodbury) Reference Information Site Description Site Size: 1 Acre Existing Land Use: Vacant commercial building and occupied house Surrounding Land Uses North: Highway 36 South: Residential properties East: Veterinarian clinic West: Auto dealership J2 Packet Page Number 222 of 273 Planning Existing Land Use: Commercial (C) Existing Zoning: Light Manufacturing (m1) Application Date The city deemed the applicant’s applications complete on November 7, 2016. The initial 60-day review deadline for a decision was January 6, 2017. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. Attachments 1. Overview Map 2. Land Use Map 3. Zoning Map 4. Applicant’s Letter 5. Applicant’s Plans 6. Jon Jarosch, Engineering comments, dated November 8, 2016 7. Conditional Use Permit Resolution 8. Applicant’s Plan Set (separate attachment) J2 Packet Page Number 223 of 273 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. 600.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet600.00300.00 Project Site Metro Heating and Cooling - Conditional Use Permit and Design Review Requests J2, Attachment 1Packet Page Number 224 of 273 Maplewood, City of Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 2303 Atlantic St N - Metro Heating and Cooling Land Use Map Legend High Density Residential Commercial Low Density Residential 8 Attachment 2J2, Attachment 2 Packet Page Number 225 of 273 Maplewood, City of Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 2303 Atlantic St N - Metro Heating and Cooling Zoning Map Legend Single Dwelling (r1) Multiple Dwelling (r3) Light Manufacturing (m1) 9 Attachment 3J2, Attachment 3 Packet Page Number 226 of 273 Metro Heating and Cooling 2303 Atlantic Street North Maplewood MN Metro Heating and Cooling, a HVAC , or mechanical contractor, recently purchased the site located at 2303 Atlantic Street. The site is just west of Schmelz VW, and is located on the south frontage road of HY 36. The site contains both, a single family residence and a commercial building. The residence is a single story stucco building and the commercial building is a single story concrete block building with sloped asphalt shingle roofs. It is the intent of the owner to do only minor repair, and maintenance for the residential part of the site. The existing commercial building is 3669 square feet in size and will be mostly used for storage of the companies, mechanical equipment, before it is brought out to the jobsites. A small part of the existing building will be used as a shop to do minor manufacturing of specific mechanical equipment. A new addition of 2580 square feet, will be added on to the North side of the building. The addition will be used as office space for the company. The new office will be wood walls with a trussed roof system. The exterior of the office building will be sided with a combination of Smart Lap siding, and Board and Baton siding, also made by Smart Siding. The roof will be asphalt shingles, with subtle highlight color strips integrated into the shingle patterns. The existing building will be either painted to match the new colors, or a random lap siding matching the office portion will be applied over the concrete block. Colors for the siding will be will be dark grey and dark red, with a black and grey roof. The existing parking lot is fairly large in size. It is the intent of the owner to greatly reduce the size of the paving. The existing parking does not have any curb and gutter. Due to the existing grades a new curb and gutter is not possible or practical. The total hard surface will be reduced by 20% upon construction competition. The plan allows parking for 20 oversized parking spaces, and one oversized accessible parking space. The total amount of 21 spaces slightly exceeds the spaces required by city code. The company has several service vans. They are parked at home by the employees overnight. The vans are then driven, from home, directly to the job site. It is not uncommon for an employee to go a week or two before visiting the main office. The parking will be used primarily for the office staff, and the occasional customer. The site has an existing pylon sign. The will be repainted and have the signage board replaced. The North Facing Gable, of the office addition, will also have building signage added. All signage will be done separately and signage permits will be applied for. J2, Attachment 4 Packet Page Number 227 of 273 Metro Heating and Cooling - cont. A new trash pad will be located behind the building on the south side of the building. The location of the dumpsters will not be visible from public view. The owner is asking to not enclose the dumpsters as they will not be visible from the public view. The owner owns the land just to the south of this parcel, as well. It is the intent of the owner to start construction this fall upon planning, council approval and obtaining building permits. Thank You Scott Mower . J2, Attachment 4 Packet Page Number 228 of 273 12Attachment 5J2, Attachment 5Packet Page Number 229 of 273 J2, Attachment 5Packet Page Number 230 of 273 5(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$66 (;,67%/'*(;,67%/'*(;,67%/'*(;,67%/'* 1(:$'',7,211(:$'',7,211(:$'',7,211(:$'',7,21 5(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&( :*5$66 (;,675(6,'(1&((;,675(6,'(1&((;,675(6,'(1&((;,675(6,'(1&( $7/$17,&$7/$17,&$7/$17,&$7/$17,& (;,67:22'5(7$,1,1*:$//(;,67:22'5(7$,1,1*:$//(;,67:22'5(7$,1,1*:$//(;,67:22'5(7$,1,1*:$//)5217$*(52$' &23($9(18( )5217$*(52$' &23($9(18( )52 17$*(52 $' &23($9(18( )5217$*(52$' &23($9(18( )5217<$5'%/'*6(7%$&. )5217<$5'%/'*6(7%$&. )5217<$5'%/'*6(7%$&. )5217<$5'%/'*6(7%$&. /27/,1( /27/,1( /27/,1( /27/,1( /27/,1( /27 / , 1( /27/ , 1 ( /27/,1( (;,676,*172%(3$,17('1(:6,*1$*(3$1(/6:,//%('21(%<6(3$5$7(3(50,7 (;,676,*172%(3$,17('1(:6,*1$*(3$1(/6:,//%('21(%<6(3$5$7(3(50,7(;,676,*172%(3$,17('1(:6,*1$*(3$1(/6:,//%('21(%<6(3$5$7(3(50,7(;,676,*172%(3$,17('1(:6,*1$*(3$1(/6:,//%('21(%<6(3$5$7(3(50,7 (;,67$63+$/75(3$,5$65(4 ' (;,67$63+$/75(3$,5$65(4 '(;,67$63+$/75(3$,5$65(4 '(;,67$63+$/75(3$,5$65(4 ' $3352;5$03:$/.720((7(;,676,'(:$/.0$;6/23( 5$03:$/.720((7(;,676,'(:$/.0$;6/23(5$03:$/.720((7(;,676,'(:$/.0$;6/23( 5$03:$/.720((7(;,67 6,'(:$/. 0$;6/23( 1(:*5$661(:*5$661(:*5$661(:*5$66 5(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$665(029((;,67'5,9( 5(3/$&(:*5$66 (;,67(175<725(0$,1(;,67(175<725(0$,1(;,67(175<725(0$,1(;,67(175<725(0$,1 &21&5(7(6,'(:$/. &21&5(7(6,'(:$/.&21&5(7(6,'(:$/. &21&5(7( 6,'(:$/. 75$6+(1&/2685(&21&3$' 75$6+(1&/2685(&21&3$'75$6+(1&/2685(&21&3$'75$6+ (1&/2685( &21&3$' (;,67'5,9((175<725(0$,1 (;,67'5,9((175<725(0$,1(;,67'5,9((175<725(0$,1(;,67'5,9((175< 725(0$,1 (;,67'5,9(725(0$,1(;,67'5,9(725(0$,1(;,67'5,9(725(0$,1(;,67'5,9(725(0$,1 (;,67&21&%/2&.5(7$,1,1*:$//(;,67&21&%/2&.5(7$,1,1*:$//(;,67&21&%/2&.5(7$,1,1*:$//(;,67&21&%/2&.5(7$,1,1*:$// ('*(2)(;,67'5,9( 72%(5(029(' ('*(2)(;,67'5,9( 72%(5(029(' ('*(2)(;,67'5,9( 72%(5(029(' ('*(2)(;,67'5,9( 72 %(5(029(' 1(:$63+$/71(:$63+$/71(:$63+$/71(:$63+$/7 /27/,1(/27/,1(/27/,1(/27/,1( $&(66$%/(3$5.,1*6,*1 $&(66$%/(3$5.,1*6,*1$&(66$%/(3$5.,1*6,*1$&(66$%/(3$5.,1*6,*1 5 5 '(6,*1(')25 '(6,*1(')25 '(6,*1(')25 '(6,*1(')25 $$$$''''''''5555((((66666666 ''''((((6666,,,,****1111(((('''' %%%%<<<< ''''((((6666,,,,****1111((((555566663333++++22221111(((( 6666&&&&$$$$////(((( 3333////$$$$111111112222 ''''$$$$7777(((( &&&&////,,,,((((1111777766663333++++22221111(((( 0(752+($7,1* &22/,1*0(752+($7,1* &22/,1*0(752+($7,1* &22/,1*0(752+($7,1* &22/,1* ////$$$$1111''''6666$$$$&&&&3333((((3333////$$$$1111 5555<<<<$$$$111133330000FFFF$$$$////3333,,,,1111(((( 2222&&&&77772222%%%%((((5555 3/$17/,67 $ % & ' ( * + , - . / 0 1 2 3 6\ULQJDUHWLFXODWDVVSUHWLFXODWD &DODPDJURVWLV[DFXWLIORUD .DUO)RHUVWHU 3K\VRFDUSXVRSXOLIROLXV OLWWOHGHYLO -XQLSHUXVFKLQHQVLV *ROG/DFH 3LFHDJODXFD 3HQGXOD &RWRQHDVWHUOXFLGXV -XQLSHUXVFKLQHQVLV 6SDUWDQ -XQLSHUXVVFRSXORUXP 6N\URFNHW 6SLUDHD[EXPDOGD *ROGIODPH 6DOYLD[V\OYHVWULV 0D\1LJKW 'LDQWKXVJUDWLDQDSROLWDQXV )LUHZLWFK +HPHURFDOOLV 6WHOOD6XSUHPH 1 2 3 8OPXV$&&2/$'( ) $ $ % &&&&&& & & & & & & & &&& & ''''( ( ) ) ) ) ) ) * * * * * + + ++ + +,,,, --- /. .. . ../ / // / / / //0 0 0 00 00 000 J2, Attachment 5 Packet Page Number 231 of 273 Engineering Plan Review PROJECT: Metro Heating and Cooling – 2303 Atlantic Street North PROJECT NO: 16-34 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 11-8-2016 PLAN SET: Conceptual plans dated October 2016 The applicant is proposing to construct an addition to the existing facility at 2303 Atlantic Street, along with accompanying site improvements. The applicant is requesting a review of the current design. As the amount of necessary disturbance on this site is less than 0.5 acre, the applicant is not required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicant is proposing to remove over 11,000 square feet of existing parking lot and driveway areas, which will reduce site runoff and promote infiltration. Staff has determined that allowing the runoff to sheet flow off of the remaining parking lot surfaces into the proposed green areas will provide for improved stormwater quality and is therefore not requiring concrete curb and gutter to be installed. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Grading and Erosion Control 1) The applicant shall provide a grading and erosion control plan. 2) The existing entrance off of Atlantic Street is proposed to remain and be used for temporary parking. The applicant shall note that parking within the right-of-way is not allowed per code. 3) Perimeter control devices (Silt fence, Bio-roll, etc.) shall be installed around the proposed disturbed areas prior to construction. 4) All slopes shall be 3H:1V or flatter. 5) Inlet protection devices shall be installed on all existing storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. J2, Attachment 6 Packet Page Number 232 of 273 6) Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 7) All pedestrian facilities shall be ADA compliant. 8) The total grading volume (cut/fill) shall be noted on the plans. Sanitary Sewer and Water Service 9) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required prior to the issuance of permits. 10) The applicant shall provide plans detailing how water and sewer service will be extended to service the proposed addition. 11) The applicant shall meet all requirements of Saint Paul Regional Water Services for any water service modifications or additions. Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 12) Grading and erosion control permit 13) Sanitary Sewer Service Permit (If sewer service is to be added or modified) - END COMMENTS - J2, Attachment 6 Packet Page Number 233 of 273 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Metro Heating and Cooling has applied for a conditional use permit to expand the existing building at 2303 Atlantic Street North. WHEREAS, conditional use permits are required for commercial buildings in the light manufacturing (m1) zoning district that are within 350 feet of properties that have been guided and zoned as residential. WHEREAS, this permit applies to the 1 acre site at 2303 Atlantic Street North. The legal description and property identification number are: Subject To Road & Except South 200 Feet; The East 260 Feet Of Block 14 Also; Except West 400 Feet & Except East 30 Feet; Part Lying Southerly Of Highway 36 Of Block 17 09-29-22-41-0023 WHEREAS, the history of this conditional use permit is as follows: 1. On November 15, 2016, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review 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 recommended that the city council approve the conditional use permit 2. On November 28, 2016 the city council discussed the conditional use permit. They considered reports and recommendations from the planning commission and city staff. 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 not exceed the design standards of any affected street. J2, Attachment 7 Packet Page Number 234 of 273 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. All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a screening fence between its trash containers and the neighboring property to the west. All trash enclosures must be kept on the south end of the building, as indicated by the applicant’s plans, and out of the view from the public right-of -ways. 5. The existing residential structure on this site is a legal, non-conforming use. If the home is vacant for one year or more its legal, non-conforming status ceases and cannot be used for residential purposes. The Maplewood City Council __________ this resolution on November 28, 2016. J2, Attachment 7 Packet Page Number 235 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: November 21, 2016 SUBJECT: Consider Approval of New Buildings at Maple Ridge Shopping Center, 2515 White Bear Avenue A. Design Review B. Comprehensive Sign Plan Amendment Introduction Project Description Starpoint Properties is proposing to build two new buildings on the east side of its property at 2515 White Bear Avenue. This is the site of the Maple Ridge Shopping Center which includes a Rainbow Foods grocery store and several smaller stores and restaurants located on the west side of the site. Requests The applicant is requesting city approval for design review and a comprehensive sign plan amendment. The applicant had requested consideration for a parking waiver but has since revised its plans to meet city code parking requirements. Background July 9, 1985: The CDRB approved the design plan review for the Maple Ridge Center at 2515 White Bear Avenue. The design plans included a 108,706 square foot retail shopping center and Rainbow Foods grocery store. The two buildings were approved with exteriors of eight-inch square-pattern burnished and rock face concrete masonry units (CMU) with a prefinished metal seam canopy. March 25, 1986: The CDRB approved the comprehensive sign plan for the Maple Ridge Center. August 9, 2006: The CDRB approved design plans for the exterior remodeling of the center including upgrades to the façade with new brick, EIFS, glass and the solid-colored awnings. J3 Packet Page Number 236 of 273 Discussion Design Review Architectural and Site Plan The proposed two buildings would be designed to match the existing design of the shopping center and grocery store buildings. The buildings would be built with a mixture of brick, split face concrete block, stucco and glass. The store fronts would also include canopies again to match the store fronts at the shopping center building. An area of concern staff has identified are the elevations facing towards White Bear Avenue and the heavy use of concrete blocks. During its review, the city’s community design review board (CDRB) agreed with this assertion and recommended building elevations be resubmitted for their approval at a later date. The proposed new buildings will be setback at least 30 feet from the front property line. The parking lot and drives will be setback at least 15 feet from the front property line. No new access points will be added as a result of this project. The main access from White Bear Avenue will remain in place as does the shared access to the neighboring property to the north. However, the circulation on the east side of the site does change with the addition of the two new buildings and the city’s engineering department is requiring more information from the applicant to ensure delivery and emergency service vehicles will be able to navigate these areas. Existing Conditions Proposed Site Plan J3 Packet Page Number 237 of 273 While the area of the new building on the north side of the site appears to be tight, all city site design requirements are being met. Given the lack of significant amount of traffic flow between this site and the neighboring property to the north, staff is not concerned with the site design of this area. With that said, staff recommends as a condition of approval that traffic calming measures be installed if the north access point becomes a safety issue. Given the CDRB’s concerns regarding the overall site plan and parking waiver, staff did have a conversation with the applicant’s architect after the CDRB meeting encouraging the applicant to consider eliminating the drive through from the south building to add more parking back in to the site in order to eliminate the need for a parking waiver. The applicant has revised its site plan and has added 24 more parking spaces to the site plan. These additional 24 parking spaces, along with 72 proof-of-parking spaces, eliminates the need for a parking waiver. To add these spaces back into the site, the applicant eliminated a green space near the south building and reduced the width of the proposed drive through around the building. Landscaping The site is currently largely void of any landscaping other than the boulevard area along White Bear Avenue and three trees on the northeast corner of the site. With this proposed project, the applicant would be adding 21 deciduous trees and 15 coniferous trees throughout the site including new parking lot islands at the end of each parking bay. In addition to the trees, more than 200 shrubs, perennials and grasses will be planted near the two new buildings. The proposed landscaping will be an improvement to the overall site. Comprehensive Sign Plan Amendment There is an existing comprehensive sign plan for this site which regulates the size and placement of wall signs for the tenants of the shopping center. The sign plan states the grocery store building needs to abide by the city’s sign ordinance requirements. The applicant is requesting each tenant be allowed two wall signs for each tenant. Staff feels this request is reasonable based on the orientation of the buildings and will help add features to the east elevations of the buildings. Staff would recommend the signs be limited to the east and west elevations of each building and the size of each sign be limited to the city’s sign ordinance requirements. Parking Based on city code, the current site and uses require 541 parking spaces. There are currently 611 parking spaces on site. The two new proposed buildings would add 67 more required spaces for a total of 608 spaces. When considering the applicant’s revised site plan and if the two new buildings are built there would be 536 spaces available overall on site. This is a reduction of 5 spaces from current conditions and would leave the applicant 72 spaces short of meeting code requirements. The applicant is proposing to provide 72 proof-of-parking spaces in the area west of the existing buildings that could be added if needed. The applicant is requesting to not install these proof-of-parking spaces until there is a demonstrated demand. Currently, parking demand tends to be focused in the spaces on the north side of the site near the existing restaurants. If you are familiar with the property you will have seen that much of the parking lot goes unused. Staff did counts of open spaces on two recent weekdays, when the weather was nice, over the noon hour assuming that would be a peak use time for the center. Each day staff found more than 350 spaces open and available for parking. It is also assumed J3 Packet Page Number 238 of 273 that the mix of commercial and retail uses on this site have slightly differing peak demand times meaning that it is possible for the users to be sharing parking stalls. Staff is comfortable with the use of the 72 proof-of-parking spaces as requested by the applicant. Department Comments Engineering Please see Jon Jarosch’s engineering report, dated November 8, 2016, attached to this report. Building Official, Jason Brash Applicant must meet all Minnesota State Building Code requirements. Parks Department, Jim Taylor PAC charge for 2016 Development PAC X 9% $ 46,088 Credit for previous payment $ 5,743 Total Due $ 40,345 Commission Review November 15, 2016: The community design review board reviewed this project and recommended approval but on the condition that the northerly proposed building be eliminated due to issues and concerns related to parking availability for the entire site and the overall design of the site plan. Traffic circulation for the proposed site plan in relation to the neighboring site was also cited as a concern. The CDRB also recommended the building elevations for the southerly building be brought back for review and approval to ensure the reduction of the amount of proposed concrete block and appearance of the east elevation facing White Bear Avenue. Budget Impact None. Recommendations A. Approve the plans date-stamped November 7, 2016, for Starpoint Properties’ proposal to build two new buildings at the Maple Ridge Center, 2515 White Bear Avenue. Approval is subject to the developer complying with the following conditions: 1. This approval is good for two years. After two years, the design-review process shall be repeated if the developer has not begun construction. 2. If a parking shortage developed on this site, the property owner will be required to install the 72 proof-of-parking spaces as proposed by the applicant. J3 Packet Page Number 239 of 273 3. All requirements of the fire marshal and building official must be met. 4. Maintain drive aisles of at least 24 feet in width. 5. The applicants shall comply with all requirements of the Maplewood Engineering Report from Jon Jarosch dated November 8, 2016. 6. The applicants shall provide the city with cash escrow or an irrevocable letter of credit for 150 percent of the proposed exterior landscaping and site improvements prior to getting a building permit for the development. 7. The applicant shall submit revised building elevations for CDRB approval including additional architectural detail on the east elevations of each building. The applicant shall also increase the amount of brick on each building while reducing the use of concrete blocks. 8. Before any certificates of occupancy are issued for the new buildings, the property owner shall repair or replace all potholes and other substandard sections of the existing parking lot. 9. The applicant shall place all trash containers in enclosures and ensure the west side of the lot is kept clear of debris and trash. 10. If deemed necessary by the city engineer, traffic calming measures must be installed near or at the north shared access point with 2525 White Bear Avenue. 11. All work shall follow the approved plans. The director of environmental and economic development may approve minor changes. B. Approve the comprehensive sign plan amendment to allow signage for a new standalone buildings at the Maple Ridge Shopping Center, 2515 White Bear Avenue. Approval of the comprehensive sign plan amendment is subject to the following conditions: 1. The existing shopping center and grocery store buildings will continue to be regulated by previous comprehensive sign plan approvals. No changes to signage requirements for those two buildings are approved. 2. Each tenant of the two new buildings will be allowed two wall signs. 3. The location of wall signs is limited to the east and west elevations of the buildings, with a tenant allowed up to one sign per elevation. 4. Each wall sign shall be comprised of individual channel letters. Cabinet signs are prohibited. 5. The size of each wall sign must comply with the city’s sign ordinance requirements. J3 Packet Page Number 240 of 273 Citizen Comments Staff surveyed the 18 surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received 2 responses which are included below. • I think this will bring more traffic to this area. Half of the lot is always empty anyway. Rainbow got very slow after Cub took it over and I think with new buildings and new tenants this should a good fit as long as it will be in front of the Rainbow area. (Maplewood Tobacco and Cigar, 2515 White Bear Ave, Suite A17) • On the behalf of the property owners of 2525 White Bear Ave/Maplewood Place we are good with the proposed redevelopment as long as the two-way drive lane / easement access is maintained. It appears that the proposed parking and curb cut would reduce the size and flow of the existing two way access which is a big concern. As you know we are planning on redeveloping 2525 White Bear Ave property in the next 3 years to retail up front/towards White Bear and medical and professional in the back half. We would like to see a more detailed site plan of proposed redevelopment overlaid over the existing site plan before we can be 100% behind it. In the meantime, we have asked and pointed out to the management of Mapleridge Center about the unsafe parking lot surface that is riddled with pot holes up to 3 feet wide and over 12" deep that has and will continue to destroy the front ends of vehicles big and small. We are asking if you have any leverage to have them immediately repair the pot holes for the safety and concern of the patrons of both centers. Thanks for sending out this email with the link to this project. (Marty Tuner, Property Manager of 2525 White Bear Avenue, property directly to the north) Reference Information Site Description Site Size: 12.83 Acres Existing Land Use: Shopping Center Surrounding Land Uses North: Auto mall South: Church East: White Bear Avenue and commercial uses West: Senior housing and Ramsey County Open Space Planning Existing Land Use: Commercial Existing Zoning: Business Commercial (BC) J3 Packet Page Number 241 of 273 Application Date The city deemed the applicant’s applications complete on November 7, 2016. The initial 60-day review deadline for a decision was January 6, 2017. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. Attachments 1. Overview Map 2. Land Use Map 3. Zoning Map 4. Applicant’s Letters 5. Applicant’s Site Plan 6. Applicant’s Building Elevations 7. Applicant’s Materials Schedule 8. Applicant’s Revised Parking Explanation 9. Jon Jarosch, Engineering comments, dated November 8, 2016 10. Applicant’s Plan Set (separate attachment) J3 Packet Page Number 242 of 273 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. 600.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet600.00300.00 Project Site Maple Ridge Shopping Center - Design Review Request J3, Attachment 1Packet Page Number 243 of 273 Maplewood, City of Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 2515 White Bear Avenue - Maple Ridge Shopping Center Land Use Map Legend High Density Residential InstitutionCommercial Open Space Government J3, Attachment 2 Packet Page Number 244 of 273 Maplewood, City of Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community 2515 White Bear Avenue - Maple Ridge Shopping Center Zoning Map Legend Single Dwelling (r1)Planned Unit Development (pud) Farm (f)Limited Business Commercial (lbc) Business Commercial (bc) J3, Attachment 3 Packet Page Number 245 of 273 “Your well -built project begins with and endures on Firm Ground” Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite 368 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on October 25, 2016 Jeff Schuler 275 Market Street, Suite 368 Minneapolis, MN 55405 Starpoint Properties currently owns the Mapleridge Center at 2515 White Bear Ave in Maplewood. The current building at this site is a shopping center housing various retail and restaurant tenants. The shopping center has been consistently well occupied since its inception and is an important part of Maplewood’s retail market. We are proposing to add to the success of the shopping center by increasing the current offerings of the site. To do this we are planning to divide the property to create two new outlot that will be suitable for two new retail or restaurants buildings. The first lot is to be located at the northeast corner of the property. This building referred to as lot 1 is projected to be an approximately 2,500 sqft restaurant with the potential for drive-thru service. The location of this lot is planned to extend the visual impact of the current building to the street. By locating this lot in the northeast corner it will help to define the entry from White Bear Ave into the current parking lot. To accomplish our goals with this outlot we are requesting to sub-divide the property to create its own lot. To the south of lot 1 we are proposing a second subdivision for outlot 2 on the opposite side of the White Bear Ave. entrance. This second proposed outlot is planned to accommodate a potential 5,000 sqft building with the potential for multiple tenants one of which would have the option for drive-thru service. This lot would be located in the underutilized portion of the current parking lot. This location minimizes the impact of this new development by not disturbing a large portion of existing pervious surface. The location of this building would frame the other side of the parking lot entrance to the shopping center. This building will help bring the shopping center to the street and deemphasize the large parking area that is currently in front of the shopping center. By bringing more density this project should make the property more attractive, vibrant and enhance the overall property value. We are requesting a variance for the overall site to reduce the number of required parking spots. With the new buildings and new layout of the parking we will be short 24 spots overall with the inclusion of 72 proof of parking spots on the west side of the existing buildings. Historically the parking lot on this site is never full and is typically less than half full. Our plan for the parking lot is to warm up the expansive lot with green parking islands and trees as well as increases the flow and safety of the lot by slowing people down with landscape. This site also benefits from a bus shelter on White Bear Ave. that can be utilized by patrons. Attachment 4J4, Attachment 4 Packet Page Number 246 of 273 “Your well built project begins with and endures on Firm Ground” Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite C-27 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on November 22, 2016 Mapleridge Center Parking Layout Resubmittal The Mapleridge center team has reworked the site plan to meet the parking requirements set by Maplewood. Since our last submittal two major changes have been made to increase the parking spaces. The first change was to eliminated the grassy area to the north of building and change it to paved parking spots. This area increased our count by 8 spaces. The second change was to remove the second bypass lane for the building two drive thru. By eliminating this lane, we moved the building approximately 15 feet to the east which allowed us to add a row or parking along the west side of the building totaling 16 spaces. J4, Attachment 4 Packet Page Number 247 of 273 146NEW LOT 1 AREA14,394 SFNEW LOT 2 AREA31,172 SFSITE LAYOUT NOTES:SITE PLAN LEGEND:CITY OF MAPLEWOOD SITE SPECIFIC NOTES:ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTIONMAPLE RIDGE2515 WHITE BEAR AVENUE, MAPLEWOOD, MN 55109450 NORTH ROXBURY DRIVE, SUITE 1050, BEVERLY HILLS, CA 90210STARPOINT PROPERTIESPROJECT........................CivilSiteGroup.comMatt Pavek Pat Sarver763-213-3944 952-250-200310/25/16 CITY SUBMITTALPROJECT NUMBER: 15018COPYRIGHT 2016 CIVIL SITE GROUP INC.cINTERNATIONAL MARKET SQUARE275 MARKET STREET SUITE 368MINNEAPOLIS, MN 55405PH: 612.819.1835WWW.FIRMGROUNDAE.COMFIRM GROUNDA&E, INC.N44263Matthew R. PavekLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.10/25/16REVISION SUMMARYDATE DESCRIPTIONC2.0SITE PLAN............SITE AREA TABLE:GOPHER STATE ONE CALLWWW.GOPHERSTATEONECALL.ORG(800) 252-1166 TOLL FREE(651) 454-0002 LOCJ4, Attachment 5 Packet Page Number 248 of 273 1A6A4A3A2A5A1A6A4A3A2A5ABAEACADABAEACADAISSUE DATEDRAWN BYCHECKED BYPROJECT NO.COPYRIGHT 2016. FIRMGROUNDAE INC.PROJECT275 Market Street, Ste. C-27Minneapolis, MN 55405612.819.1825 www.firmgroundae.comI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.20891CONSULTANTmm-dd-yyyyOWNER©SHEET NUMBERPARTNERSSHEET TITLEOwner AddressC:\Users\Jeffschuler\Documents\161006 Maple Ridge Central_v2016_jeffschuler.rvt11/22/2016 9:31:22 AMElevationsBuilding 1A10214.065.1TPWJWS11/22/2016StarpointPropertiesMapleridge Outlot2515 White Bear Ave.Maplewood, MN 55109Schematic Design11/22/2016 1/8" = 1'-0"3Building 1 West Elevation 1/8" = 1'-0"8Building 1 East Elevation 1/8" = 1'-0"5Building 1 South Elevation 1/8" = 1'-0"10Building 1North ElevationREVISION DATE J4, Attachment 6 Packet Page Number 249 of 273 Level 10' - 0"LOW PARAPET22' - 4"ROOF16' - 0"HIGH PARAPET24' - 8"SIGNAGESIGNAGE2B3B1B4B4' - 8"Level 10' - 0"LOW PARAPET22' - 4"ROOF16' - 0"HIGH PARAPET24' - 8"SIGNAGESIGNAGE2B3B1B4BLevel 10' - 0"LOW PARAPET22' - 4"ROOF16' - 0"HIGH PARAPET24' - 8"ABDBCBBBLevel 10' - 0"LOW PARAPET22' - 4"ROOF16' - 0"HIGH PARAPET24' - 8"ABDBCBBBISSUE DATEDRAWN BYCHECKED BYPROJECT NO.COPYRIGHT 2016. FIRMGROUNDAE INC.PROJECT275 Market Street, Ste. C-27Minneapolis, MN 55405612.819.1825 www.firmgroundae.comI hereby certify that this plan, specification, orreport was prepared by me or under my directsupervision and that I am a dulyRegistered Architectunder the laws of the state of MinnesotaThomas P. WasmoenDateLicense No.20891CONSULTANTmm-dd-yyyyOWNER©SHEET NUMBERPARTNERSSHEET TITLEOwner AddressC:\Users\Jeffschuler\Documents\161006 Maple Ridge Central_v2016_jeffschuler.rvt11/22/2016 9:31:26 AMElevationsBuilding 2A10414.065.1TPWJWS11/22/2016StarpointPropertiesMapleridge Outlot2515 White Bear Ave.Maplewood, MN 55109Schematic Design11/22/2016 1/8" = 1'-0"1Building 2 West Elevation 1/8" = 1'-0"2Building 2 East Elevation 1/8" = 1'-0"3Building 2 South Elevation 1/8" = 1'-0"4Building 2 North Elevation•One 80 sqft sign per tenant•A variance may be requestedfor an additional signageREVISION DATE J4, Attachment 6 Packet Page Number 250 of 273 Mapleridge Building 1 Drive AisleJ4, Attachment 6 Packet Page Number 251 of 273 Mapleridge Building 2J4, Attachment 6 Packet Page Number 252 of 273 Mapleridge Building 2J4, Attachment 6 Packet Page Number 253 of 273 Elevation Color Material Color/Finish Manufacturer Notes Brick Dark Maroon / velour Endicott Brick Tumbleweed / velour Beldin Split face CMU Panted Brown Anchor Dryvit Parchment / Stucco Dryvit Dryvit Toasted Almond / Stucco Dryvit Finish Schedule Mapleridge Center Exterior Finish Schedule J3, Attachment 7 Packet Page Number 254 of 273 “Your well built project begins with and endures on Firm Ground” Firm Ground Architects & Engineers Inc. 612.819.1835 275 Market Street, Suite C-27 info@firmgroundae.com Minneapolis, Minnesota 55405 www.firmgroundae.com | Follow us on MAPLERIDGE CENTER Preliminary Parking Calculation (revised) 11/22/2016 Existing Parking* 611 spaces Required Parking* 541 spaces Excess Parking* 70 spaces Building 1 – 2,500 Restaurant Parking requirement 1,250 patron use at 1/50 25 spaces Building 2 – 5,000 SF Restaurant / Retail Parking requirement at 1/50 (1,250sf) 25 spaces Parking requirement at 5/1000 (3,250 sf) 17 spaces Total: 42 spaces Proof of Parking 72 spaces After Improvements Existing Parking requirement 541 spaces New Parking requirement 67 spaces Transit reduction 5% Total Required 608 spaces Parking Provided 536 spaces Proof of Parking behind existing buildings 72 spaces Parking Allocation Existing buildings 469 +72 proof New Building 1 25 New Building 2 42 J3, Attachment 8 Packet Page Number 255 of 273 Engineering Plan Review PROJECT: 2515 White Bear Avenue PROJECT NO: 16-33 COMMENTS BY: Jon Jarosch, P.E. – Staff Engineer DATE: 11-8-2016 PLAN SET: Engineering plans dated 10-25-2016 The applicant is proposing to construct two new buildings on the east side of the 2515 White Bear Avenue property. The applicant is requesting a review of the current design. As the amount of disturbance on this site is greater than 0.5 acre, the applicant is required to meet the City’s stormwater quality, rate control, and other stormwater management requirements. The applicant is proposing to meet these requirements via the use of an underground infiltration system. This review does not constitute a final review of the plans, as the applicant will need to submit construction documents for final review. The following are engineering review comments on the design and act as conditions prior to issuing permits. Drainage and Stormwater Management 1) The project shall be submitted to the Ramsey-Washington Metro Watershed District (RWMWD) for review. All conditions of the RWMWD shall be met. Permit coverage from the RWMWD is required prior to the issuance of a City grading permit. 2) Pre-treatment devices shall be installed upstream of all onsite water quality features including the underground infiltration system. Sumped manholes shall be 3-feet or greater in depth. 3) High water level for the proposed infiltration system shall be shown on the grading plan. 4) The applicant shall submit a stormwater management plan detailing how their plan meets the City’s requirements. 5) The applicant shall submit geotechnical information (soil borings) supporting infiltration rates utilized for the stormwater management plan. 6) The applicant shall submit design details for the underground infiltration system. Attachment 9J3, Attachment 9 Packet Page Number 256 of 273 Grading and Erosion Control 7) The applicant shall provide an erosion control plan. 8) Perimeter control measures shall be installed to contain eroded materials within the site. 9) All slopes shall be 3H:1V or flatter. 10) Inlet protection devices shall be installed on all existing and proposed onsite storm sewer until all exposed soils onsite are stabilized. This includes storm sewer on adjacent streets that could potentially receive construction related sediment or debris. 11) Adjacent streets and parking areas shall be swept as needed to keep the pavement clear of sediment and construction debris. 12) All pedestrian facilities shall be ADA compliant. 13) A copy of the project SWPPP and NDPES Permit shall be submitted prior to the issuance of a grading permit. 14) The total grading volume (cut/fill) shall be noted on the plans. Site layout and Traffic Flow 15) The southerly of the two proposed buildings lies within an existing utility easement, as well as over an existing water service line that serves the remainder of the site. The applicant shall review this situation and make changes as necessary. 16) Cross-access agreements shall be provided to the City detailing the rights and responsibilities between the adjacent parcels if the connection to the property to the north remains. 17) Construction is proposed on the property to the north. The applicant shall provide a copy of written authorization to perform work on the neighboring property. 18) There are two areas along the proposed parking lot drive aisle that are an uncommon configuration, with an offset or angled intersection that could be difficult to navigate for certain types of vehicles. The applicant shall provide turning movement diagrams for the drive aisle ‘intersection’ just west of the entrance off of White Bear Avenue, as well as at the connection to the property to the north. The diagrams should depict how delivery vehicles and emergency service vehicles will navigate these areas. 19) The applicant shall provide a sign and/or pavement marking plan that details how the ‘intersection’ where the entrance drive off of White Bear Avenue connects with the Attachment 9J3, Attachment 9 Packet Page Number 257 of 273 parking lot drive aisles is to be navigated. This area will be confusing to drivers without proper signage. 20) The exit onto White Bear Avenue shall be reconfigured to direct traffic south only. In its current configuration drivers often attempt to turn north onto White Bear Avenue, despite the current signs, which causes significant backups into the parking lot area. Sanitary Sewer and Water Service 21) The applicant shall be responsible for paying any SAC, WAC, or PAC charges related to the improvements proposed with this project. A SAC determination is required prior to the issuance of permits. 22) The applicant shall provide design information for the proposed sanitary sewer and water services including pipe size and invert elevations. 23) The applicant shall meet all requirements of Saint Paul Regional Water Services as noted below. a. If the new water services are intended to be combination fire and domestic water services, they ratio of fire to domestic water must be no less than 4:1. b. Provide the following on Plan Sheet C4.0: Show the size and material type of the water services. c. Ratio of fire suppression to domestic takeoff must be no less than 4:1. d. Plumbing permit applications to be made with SPRWS at 1900 Rice Street, Saint Paul, MN. e. Before construction of a new water service can be scheduled, SPRWS must receive a Water Service Contract signed by the owner and all required payments. f. Provide completed project data sheets to determine meter sizing. g. Furnish one set of interior fire suppression mechanical plans for review and approval by SPRWS plumbing inspection unit. i. Furnish one set of revised site plans for review. Following approval by SPRWS, furnish one set of approved plans. Attachment 9J3, Attachment 9 Packet Page Number 258 of 273 Ramsey County Comments 24) A right of way permit will be required for any construction activity occurring within the County’s right of way. Please contact Doug Heidemann at 651-266-7186 or douglas.heidemann@co.ramsey.mn.us to discuss permit requirements. Public Works Permits The following permits are required by the Maplewood Public Works Department for this project. The applicant should verify the need for other City permits with the Building Department. 25) Grading and erosion control permit 26) Sanitary Sewer Service Permit 27) Storm Sewer Permit - END COMMENTS - Attachment 9J3, Attachment 9 Packet Page Number 259 of 273 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Mike Funk, Assistant City Manager/HR Director DATE: November 23, 2016 SUBJECT: Approval Early Retirement Incentive Program (ERIP) Introduction An Early Retirement Incentive Program is being proposed to reduce operational/personnel costs, provide departments with flexibility to meet long-term structural and strategic planning initiatives, and to optimize efficiency of operations . Background Previously the City has offered a similar one-time ERI program in 2009; and most recently in 2014. In both instances, there were a number of employees that took advantage of the program. The proposed 2017 ERIP is structurally the same as the 2014 ERIP; and as such, similar participation levels are anticipated. Budget Impact Employees that are interested will only be approved if they meet the program criteria. There needs to be a demonstrated savings to the City; in which case, the savings becomes a cost- share program between the City and the employee. The formula allows the City to assume 65% of the savings and employees to receive an incentive benefit of 35%. Recommendation It is recommended that the City Council, by motion and second, approve the 2017 Early Retirement Incentive Plan (ERIP). Attachments 1. Proposed 2017 Early Retirement Incentive Program J4 Packet Page Number 260 of 273 Early Retirement Incentive Plan (ERIP) A Voluntary Separation Plan November 28, 2016 J4, Attachment 1 Packet Page Number 261 of 273 -2- TABLE OF CONTENTS Page Number A. INTRODUCTION 3 B. GENERAL DESCRIPTION 3 C. ELIGIBILITY 4 D. INELIGIBILITY 4 E. SEPARATION DATE 5 F. SEPARATION INCENTIVE BENEFITS 5 G. PAYMENT FOR UNUSED PAID TIME-OFF AND COMPENSATORY TIME 6 H. ERIP APPLICATION PROCEDURE 6 I. AMENDMENT AND TERMINATION 7 J. NONDISCRIMINATION STATEMENT 7 APPENDIX I. APPLICATION FOR ERIP 8 APPENDIX II. SEPARATION AGREEMENT CONCERNING RESIGNATION AND RELEASE OF EMPLOYMENT AND OTHER RIGHTS 9 J4, Attachment 1 Packet Page Number 262 of 273 -3- CITY OF MAPLEWOOD EARLY RETIREMENT INCENTIVE PLAN (ERIP) A. INTRODUCTION The City of Maplewood is confronted with fiscal constraints, in large part, due to undesired levels of high outstanding debt; and is undertaking organizational reviews to optimize the efficiency of operations. One response to these challenges is the adoption of the Early Retirement Incentive Plan (ERIP) for qualified Staff employees. Voluntary separations under ERIP are intended to achieve specific organizational objectives: 1) provide an incentive to employees who may be considering retirement and subsequently save the City money by reducing salary/wage and benefit costs, and 2) redirecting positions to focus on higher priorities. Voluntary separations under the ERIP may also assist in avoiding or minimizing future involuntary terminations due to reductions in personnel. The ERIP is not intended to be an entitlement. A fundamental requirement of the ERIP is that approved applications must achieve one of the organizational objectives described above. Not every application to participate in the ERIP will be approved. This document shall serve as the official plan document governing the terms of the ERIP. B. GENERAL DESCRIPTION The ERIP is a one-time opportunity for eligible employees to apply for separation and enter retirement at an earlier date than might otherwise have been planned. ERIP participants will be required to complete an application form and sign a Separation Agreement that contains a release of all employment rights and claims, described later in this document. Following voluntary separation from the City of Maplewood, ERIP participants will receive the benefits provided by this plan. Participation in the ERIP is completely voluntary. Applicants may not revoke their application at any time after signing the Separation Agreement. Eligible employees who decline to participate or who revoke an application to participate will not be treated any differently than any other similarly situated employee. Applications for the ERIP will be accepted for a limited period of time, starting November 29, 2016, and ending at noon on December 21, 2016. Separations under the ERIP are to be effective December 31, 2016, except as allowed by circumstances described later in this document. Additional information, including the ERIP application form and Separation Agreement can be obtained on the City’s intranet site: HR Connection. J4, Attachment 1 Packet Page Number 263 of 273 -4- C. ELIGIBILITY Must be eligible for a full or reduced pension with PERA in 2017. Must leave service in accordance with one of the following dates: a. On December 31, 2016 b. On or before September 30, 2017 Are a benefit earning employee as determined by the City Manager. Are in a position which is eligible for this program. If the employee’s separation and resulting outcome will meet organizational objectives. There is a demonstrated savings and an identified funding source. D. INELIGIBILITY Notwithstanding the above, the following employees are not eligible to apply for, or to participate in, the ERIP: Employees who have signed an agreement with the City of Maplewood to participate in the Phased Retirement Program. Employees who are using Annual Leave, PTO, or Vacation accruals to bridge to an already-specified separation date. Employees who have already signed a formal separation agreement with the City of Maplewood. Employees who have been given notice of their involuntary separation from the City of Maplewood. Non-benefit earning, part-time, or part-time casual employees. E. SEPARATION DATE To participate in the ERIP, an eligible employee who has applied for and received final approval to participate in the ERIP must sign a Separation Agreement that releases the City of Maplewood from all employment rights and claims, and must agree to separate from the City of Maplewood on or before one of the following dates: 1. ON December 31, 2016, is the intended separation date for ERIP participants. 2. On or Before September 30, 2017, is an alternative separation date that may be designated when it is in the best interests of the City of Maplewood. J4, Attachment 1 Packet Page Number 264 of 273 -5- Examples of circumstances in which this alternative separation date could apply: (i) if there are multiple ERIP participants from the same department/division, the department head and/or City Manager may determine that one or more employees need to delay separation to allow for the smooth transition of restructured services; or (ii) if the vacancy causes negative operational and/or service delivery impacts to the City of Maplewood. Alternative separation dates shall not be made based on employee preference. The above two separation dates are the only separation date options available under the ERIP. Under no circumstances will an ERIP separation date be extended beyond September 30, 2017. Regardless of separation date, the ERIP application must be submitted by noon on December 21, 2016. F. SEPARATION INCENTIVE BENEFITS This offering provides a process for qualified positions. Under both options listed below, participating employees will be offered up to 35% of the net savings benefit the City is expected to realize in 2017. ERIP participants will receive the following benefits: Option 1 – Early Retirement Incentive Plan with planned vacancy of position (for positions not being replaced during the term of this program): The Finance and Human Resource Departments will provide the employee and City Manager an accounting of the fully burdened cost (salary, benefits, etc.) of their position for the period of time between the separation/retirement date and December 31, 2017. Once the amount and eligibility are determined, the employee shall be offered up to 35% of the net value of savings to be realized with at least 65% of the savings benefitting the City. Example: An employee who earns $2,000/month (including benefits) is granted separation on July 1, 2017. Since the position is not being filled, the total savings of the early retirement is $12,000 ($2,000 x 6 months). 35% of this amount, $4,200, is paid to the employee and may be applied toward health premiums, deferred compensation, or in a lump sum payout. Note: The dollar amount of the ERIP is dependent upon the total compensation -salary and benefits (as determined by the City) - of a given employee. Option 2 – Early Retirement Incentive with position replacement at a lower pay rate: The Finance and Human Resource Departments will provide the employee and City Manager an accounting of the fully burdened cost (salary, benefits, etc.) of their position for the period of time between the separation/retirement date and December 31, 2017. Once the amount and eligibility are determined, the employee shall be offered up to 35% of the net value of savings reflected in the difference between the ERIP employee and the base salary of their replacement employee during that same period of time. J4, Attachment 1 Packet Page Number 265 of 273 -6- Example: An employee whose salary and benefits are $20.00/hour ($41,600/year or $3,466/month) is granted separation/retirement on July 1, 2017. The early retirement position is being filled with a similarly situated benefit earning employee whose salary and benefits are $15.00/hour ($31,200/year or $2,600/month), which results in 2017 savings of $866/month or $5,196 ($866 x 6 months) of total early retirement savings. Thirty-five percent (35%) of this savings or $1,819 is paid to the employee and may be applied toward health premiums, deferred compensation, or in a lump sum payout. Note: The dollar amount of the ERI is dependent upon the total compensation -salary and benefits (as determined by the City) - of a given employee offset by the total compensation – salary and benefits (as determined by the City) – of the replacement employee. G. PAYMENT FOR UNUSED PAID TIME-OFF AND COMPENSATORY TIME ERIP participants will receive payment for accrued but unused paid time-off benefits and compensatory time as of their separation date, in accordance with normal City of Maplewood policies and related Collective Bargaining Agreements. H. ERIP APPLICATION PROCEDURE Eligible employees shall be provided a copy of this Plan, which includes the Application and Separation Agreement, on November 29, 2016. The application period for the ERIP begins on November 29, 2016, and ends at noon on December 21, 2016. Applications submitted later than noon on December 21, 2016, will not be considered. To apply for the ERIP, an eligible employee must complete and submit an application. When the application form is submitted, the applicant is indicating a desire to voluntarily separate from the City of Maplewood in exchange for ERIP separation incentive benefits and other considerations described herein. Applicants may not revoke their application after signing the Separation Agreement. As indicated above, separations under the ERIP will be effective December 31, 2016, except as otherwise provided under Section E of the Plan. The City of Maplewood intends for ERIP separations to achieve specific organizational objectives: 1) provide an incentive to employees who may be considering retirement and subsequently save the City money by reducing salary/wage and benefit costs, and 2) redirecting positions to focus on higher priorities. Voluntary separations under the ERIP may also assist in avoiding or minimizing future involuntary terminations due to reductions in personnel. As such, the City of Maplewood intends to allow as many eligible employees to participate in the ERIP as possible. However, the City of Maplewood reserves the right to deny participation to eligible employees if it is determined that an application does not meet the above organizational objectives. Further, the City reserves the right to determine eligibility and/or decline any employee’s request for J4, Attachment 1 Packet Page Number 266 of 273 -7- the early retirement incentive program based on the number of requests received, an employee’s critical skills, business need and/or whether the City deems that the City will save sufficient money by approving the application. Following a review period, applicants will be notified whether or not their application has been approved. If approved, applicants will be provided an Agreement to sign. Participation in the ERIP is not a right. The City of Maplewood cannot guarantee that every application to participate in the ERIP will be approved. The City of Maplewood may reject an ERIP application if, in its sole and absolute discretion, it is deemed not to be in the best interest of the City. I. AMENDMENT AND TERMINATION The City of Maplewood reserves the right to amend or terminate the ERIP at any time. Notwithstanding the foregoing, no amendment of ERIP may reduce ERIP payments or other considerations once an ERIP Separation Agreement is fully executed. J. NONDISCRIMINATION STATEMENT The City of Maplewood will not engage in discrimination against any person because of age, color, disability, ethnicity, gender, gender identity, genetic information, marital status, national origin, race, religion, sexual orientation, or veteran status, and will comply with all federal and state nondiscrimination, equal employment, and affirmative action laws and regulations. J4, Attachment 1 Packet Page Number 267 of 273 -8- APPENDIX I [Please turn this signed application into Human Resources no later than noon on December 21, 2016.] I hereby apply for the Early Retirement Incentive from the City of Maplewood. I have read the Early Retirement Incentive Plan Information and Requirements and understand the terms and conditions of the Plan and agree to be bound by those conditions. I will be eligible for a PERA pension: Full unreduced pension on _______________________ (date). Or Early (reduced) pension on _______________________ (date). I agree that if my application for the Early Retirement Incentive is approved by the City Manager I will resign from my employment with the City of Maplewood on: Date: _____________________. I understand that my application for the Early Retirement Incentive will be approved or denied based upon the City Manager’s determination about what is in the best interests of the City, including, but not limited to, whether providing me with an incentive will result in a suitable net savings to the City, and the decision in determining whether approving the Early Retirement Incentive will be in the City’s best interests, is solely at the City Manager’s discretion with input from the respective Department Head. I understand and agree that upon submittal of my application, and receipt of tentative offer from the City, I must provide the City with a signed letter of resignation with a specified resignation date that corresponds to the date specified above in order to receive final approval from the City. I further understand and agree that I will sign an Agreement for Waiver and Release of Claims in a form acceptable to the City on my last day of employment with the City and my participation in the program is contingent upon the City’s receipt of that signed Waiver and Release form. I agree that, if my application for the Early Retirement Incentive is approved, and if I have provided the City with a signed letter of resignation and a signed Separation Agreement with Waiver and Release as set forth above, the City of Maplewood will provide me with information on the benefits and additional pay as set forth in the final eligibility determination that will be provided within 10 business days of this application. (This payment will not reduce other benefits to which I was already entitled upon my retirement.) _________________________________________ Signature Dated:__________________ J4, Attachment 1 Packet Page Number 268 of 273 -9- APPENDIX II Upon final approval, the ERIP applicant will be asked to sign an Agreement as set forth below. Only after the Separation Agreement is fully executed will the ERIP separation become official. A copy of the Separation Agreement is provided below so that eligible employees will have advance knowledge of the agreement to be signed in the event they apply for, and are approved for, the ERIP. Employees who are approved for the ERIP are advised to consult an attorney, at their own expense, to discuss the ERIP and to review this Separation Agreement. SEPARATION AGREEMENT CONCERNING RESIGNATION AND RELEASE OF EMPLOYMENT AND OTHER RIGHTS THIS SEPARATION AGREEMENT CONCERNING RESIGNATION AND RELEASE OF EMPLOYMENT AND OTHER RIGHTS ("Agreement") is between NAME ("Employee") and The City of Maplewood, a body politic of the State of Minnesota created by statute, ("City"). 1. Recitations 1.1 Employee is employed by the City. 1.2 Employee is eligible to participate in the City Early Retirement Incentive Plan ("Plan"), a one-time separation window the terms of which are fully set forth in the Plan Document, and Employee desires to participate in the Plan. 1.3 City is the legal entity which has the legal responsibility to own, manage, and control the City of Maplewood. 1.4 City and Employee have evaluated their respective needs, and the Employee has elected to voluntarily separate under the Plan upon condition that Employee be compensated for the release of the right to continued employment and in exchange for Employee's promises set forth in this Agreement, in accordance with the terms and conditions of the Plan. 2. Intentions of the Parties 2.1 Employee intends and understands that this Agreement will accomplish a complete and permanent severance of all rights that stem from Employee’s employment with City except with respect to the payment and benefits expressly provided for by this Agreement. 2.2 City and Employee intend and expect that Employee shall surrender and renounce all privileges and rights that derive from employment by the City, except with respect to the payment and benefits expressly provided for by this Agreement as set forth in Section 4.1. J4, Attachment 1 Packet Page Number 269 of 273 -10- 3. Agreements of Employee 3.1 The Employee and their represented Union withdraw and dismiss with prejudice any existing grievances under the grievance procedure of the collective bargaining agreement and waive with prejudice the right to file any grievances regarding all matters relating to Employee which are governed by the collective bargaining agreement. 3.2 Release and Waiver of All Claims. a. Definitions. All words used in this Release and Waiver of All Claims are intended to have their plain meaning in ordinary English. Specific terms used in this release have the following meanings: 1. “City” as used in this Release and Waiver of All Claims, will at all times mean the City of Maplewood and the present and former City Council members, elected officials, employees, agents, counsel, assigns, insurers, predecessors, or successors of any of them, in both their individual and official capacities. 2. “Employee’s Claims” as used in this Release and Waiver of All Claims, means any rights Employee has now or hereinafter to any relief of any kind from the City whether or not Employee knows now about those rights, arising out of or related to their employment with the City and their separation from employment including, without limitation, the following: (a) Claims for breach of contract, fraud or misrepresentation, deceit, assault and battery, defamation, all forms of unlawful discrimination and/or harassment, negligence, intentional or negligent infliction of emotional distress, mental anguish, humiliation, embarrassment, pain and suffering, reprisal, unfair labor practices, breach of the covenant of good faith and fair dealing, promissory estoppel, negligence or other breach of duty, wrongful termination of employment, retaliation, status as a whistleblower, whistleblower, breach of public policy, vicarious liability, invasion of privacy, interference with contractual or business relationships, reprisal; and (b) Claims for violation of the Constitution of the United States, the Constitution of the State of Minnesota, the Americans with Disabilities Act (“ADA”), the Rehabilitation Act of 1973, the ADA Amendments Act (“ADAA”), the Federal Fair Employment Practices Act, Title VII of the federal Civil Rights Act of 1964 as amended, the federal Age Discrimination in Employment Act (“ADEA”), the Equal Pay Act (“EPA”), the Lilly Ledbetter Fair Pay Act of 2009, the Fair Labor Standards Act (“FLSA”), the Family and Medical Leave Act (“FMLA”), the Minnesota Human Rights Act, the Minnesota Veterans Preference Act, the Workers’ Compensation Wrongful Discharge statute, Minn. Stat. § 176.82, J4, Attachment 1 Packet Page Number 270 of 273 -11- Minnesota Whistleblower statute, Minn. Stat. § 181.932, or other federal, state or local civil rights laws prohibiting discrimination, and any other claims for unlawful employment practices; and (c) Claims for alleged injuries or damages or compensation for bodily injury, personal injury, wage loss benefits, reinstatement, medical expenses, emotional distress, fines, penalties, exemplary and punitive damages, attorney’s fees, costs and expenses, interest, and claims of injunctive relief. b. Employee’s Agreement to Release Claims Against the City. In exchange for the promises of the City contained in this Agreement and the payments of the City and other valuable consideration as set forth in paragraphs F and G of this Agreement, Employee releases all of Employee’s Claims against the City that they now has, whether or not they know about them. Employee agrees that the City does not owe them anything in addition to the promises of the City contained in this Agreement. Employee will not bring any lawsuits, commence any proceeding relating to any claim, file any charges or complaints or make any other demands against the City based upon Employee’s Claims except as permitted by law, and if the law permits Employee to commence such a proceeding, Employee agrees that he may not seek or recover any monetary damages or other relief as a result of any such proceeding. Employee fully and completely releases, waives, and forever discharges and promises not to sue, or make any other demands against the City related to any and all manner of claims, demands, actions, causes of action, administrative claims, promises, agreements, contracts, rights, liability, damages, claims for attorneys’ fees, costs, and disbursements, or demands of any kind, including but not limited to, all claims arising in tort or contract, or any other federal, state, and local laws, statutes, ordinances, regulations or orders or any other claims in any manner relating to applicant’s employment with and separation from the City arising in law or equity, whether known, suspected, or unknown, and however originating or existing which Employee now has, or which Employee at any time heretofore had or had a claim to have, against the City to the date of execution of this Release. If in the future Employee asserts any claim released herein, such claim shall be dismissed with prejudice, and reasonable costs and attorneys’ fees shall be awarded to the City in the amount determined by a court of competent jurisdiction. J4, Attachment 1 Packet Page Number 271 of 273 -12- 3.3 Employee represents and agrees that (a) he/she has had the opportunity to be represented by his Association and/or legal counsel; (b) has read this Agreement and fully understands the terms and conditions contained herein; (c) relies solely upon his own judgment regarding the proper, complete and agreed upon consideration for, and language of, this Agreement; (d) has not been influenced to sign this Agreement by any statements or representations of the City or agents or attorneys not contained in this Agreement; and (e) enters into this Agreement knowingly and voluntarily. 4. Agreements of City 4.1 In consideration of Employee’s resignation and surrender of all rights and in consideration of Employee's other promises set forth in this Agreement, City will pay Employee a lump sum payment and other benefits in accordance with the terms of the Plan. 4.2 Accompanying the check for the lump sum payment and any other taxable payments remitted under Section 4.1 will be an appropriate notation showing all amounts withheld for taxes and other deductions as required by law. 5. Agreements of Both Parties 5.1 If either party experiences any unforeseen difficulties or questions concerning this Agreement, such party shall seek to resolve such issues expeditiously and informally, if reasonably possible. If notice to City is required, it shall be given to: Melinda Coleman, City Manager City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 5.2 This Agreement shall not constitute a precedent with respect to any other claim, grievance, or dispute arising under the collective bargaining agreement between the City and the Association, and shall not be referred to or used as evidence in any other grievance matter. 5.3 This Agreement is between City and Employee only and not for the benefit of any other party, except the executor or other legal representative of Employee may enforce this Agreement in the event of death or legal disability of Employee. 5.4 This Agreement contains the entire agreement between the parties. The parties agree that there were no inducements or representations leading to the execution of this Agreement between the parties other than those contained in this Agreement. 5.5 The person who signs on behalf of City represents and warrants that he/she has been duly empowered to execute and deliver this Agreement as the act of City. 5.6 The provisions of this Agreement are severable and, if any part is found to be unenforceable, the other paragraphs shall remain fully valid and enforceable. J4, Attachment 1 Packet Page Number 272 of 273 -13- 5.7 This Agreement shall be governed by, and constructed pursuant to, the laws of the State of Minnesota, and any litigation arising out of this Agreement shall be venued in Ramsey County, Minnesota. IN WITNESS WHEREOF, the parties have entered this Agreement and executed their signatures intending each to be bound thereby, Employee ___________________________________ Signature Dated:__________________ City of Maplewood ___________________________________ Signature Dated:__________________ J4, Attachment 1 Packet Page Number 273 of 273