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2017-09-25 City Council Meeting Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,September 25, 2017 City Hall, Council Chambers Meeting No.18-17 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 nearthe entrance. Sign in with the City Clerk before addressing the council. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.Approval of the September 11, 2017 City Council Workshop Minutes 2.Approval of the September 11, 2017 City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Approval of Resolution forCommissionReappointments 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 shouldbe removed and acted upon as a separate item. 1.Approval of Claims 2.Approval of Transfers 3.Approval of Budget Adjustments 4.Approval of a MassageCenterLicense for We Knead YouLLC,1900 County Road D East, Ste 130 5.Approval of a Conditional Use Permit Reviewfor a Non-conforming Use, Maplewood Marine, 1136 Frost Avenue East 6.Approval of a Conditional Use Permit Review for Beyond Self Storage, 1315 Cope Avenue East 7.Approval of a Conditional Use Permit Review for Galilee Lutheran Church Community Garden, 1958 Rice Street 8.Approval of Amendment to Existing Recycling Contract with Tennis Sanitation Setting Terms of Service for the Residential Recycling Contract Extension 9.Approval ofAmendment Extending the Existing Residential Trash Contract with Republic Servicesand Setting Terms of Service for the Contract Extension 10.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Pond-Dorland Area Street Improvements, City Project 16-12 11.Approval of Resolution and Joint PowersAgreement Authorizing the Trade of Two Retired Police Vehicles to Minnesota Highway Safety & Research Center (MHSRC) 12.Approval to Accept a FEMA Grant for TurnoutGearDryers H.PUBLIC HEARINGS None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Review of 2018 Charitable Gambling Requests 2.ConsiderApproval of Conditional Use Permit Revision, Academy for Sciences and Agriculture, 1194 County Road C East 3.Consider Approval of Side-Yard Setback Variance, 425 Laurie Road East 4.Roselawn and Edgerton Intersection Improvements, City Project 16-24 a.Consider Approval of a Resolution Ordering Preparation of Feasibility Study b.Consider Approval to Authorize Design Services for Intersection Improvements 5.Consider Approval of Joint Powers Agreement with the Ramsey Washington Metro Watershed District for the WakefieldLake Spent Lime Treatment System, City Project No. 15-17 K.AWARD OF BIDS None L.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 651.249.2000to 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 councilmembers 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 councilmembers, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 6:30P.M. Monday, September 11, 2017 Council Chambers, City Hall A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:32 p.m. by Mayor Slawik. B.ROLL CALL Nora Slawik, MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Bryan Smith, CouncilmemberAbsent Tou Xiong, CouncilmemberPresent C.APPROVAL OF AGENDA CouncilmemberAbrams moved to approve the agenda as submitted. Seconded by CouncilmemberXiongAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Commission & Board Interviews Candace Okeson was interviewed for the Environmental& Natural Resources Commission. Leon Axtman was interviewed for the Heritage Preservation Commission. F.ADJOURNMENT MayorSlawikadjourned the meeting at 6:56 p.m. September 11,2017 1 City Council Workshop Minutes Council Packet Page Number 1 of 241 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 11, 2017 City Hall, Council Chambers Meeting No. 17-17 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:04 p.m. by Mayor Slawik Mayor Slawik and Councilmember Juenemann spoke about the attacks that took place th on September 1116 years ago. B.PLEDGE OF ALLEGIANCE th Jim Anderson,American Legion 4District ViceCommander, led the council in the pledge of allegiance. C.ROLL CALL Nora Slawik, MayorPresent Marylee Abrams, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Bryan Smith, CouncilmemberAbsent Tou Xiong, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added to the agenda under Appointments and Presentations, Council Presentations: September Hunger Action Month City of Wayzata Heritage Preservation Commission Event at Bruentrup Farm Gateway Visit to the US Capitol Presentation to the American Legion CouncilmemberXiong moved to approve the agenda as amended. Seconded by CouncilmemberAbramsAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motionpassed. E.APPROVAL OF MINUTES 1.Approval of August 28, 2017 City Council Workshop Minutes CouncilmemberAbrams moved to approve the August 28, 2017City Council Workshop Minutesas submitted. September 11,20171 City Council Meeting Minutes Council Packet Page Number 2 of 241 E2 Seconded by CouncilmemberJuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 2.Approval of August 28, 2017City Council MeetingMinutes CouncilmemberAbrams moved to approve the August 28, 2017City Council Meeting Minutesas submitted. Seconded by CouncilmemberJuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City Manager Coleman gave the update to the council calendar. 2.Council Presentations September Hunger Action Month Councilmember Juenemannreminded everyone that September is Hunger Action Month. City of Wayzata Councilmember Juenemannreported on the loss of a member of the City of Wayzata’s Police Department last week. Heritage Preservation Commission Event at Bruentrup Farm Councilmember Xiongreminded everyone about the event that will take place on th Tuesday, September 12at Bruentrup Farm on Inventions. Gateway Visit to the US Capitol Mayor Slawikreported on the Gateway Corridor Commission’s visit to Washington, DC regarding the Gold Line. Presentation to the American Legion Mayor Slawikreported on the American Legion Day and read the proclamation th recognizing the American Legion. Jim Anderson, 4District ViceCommanderwith the American Legion, addressed the councilto give information about their district. September 11,20172 City Council Meeting Minutes Council Packet Page Number 3 of 241 E2 3.Resolution Approving Commission & Board Appointments City Manager Coleman gave the staff report. CouncilmemberAbrams moved to approvetheResolution to appoint the candidates to the Environmental & Natural Resources Commissionand theHeritage Preservation Commission. Resolution 17-09-1486 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 Candace Okeson term expires September 30, 2019 Heritage Preservation Commission Leon Axtman term expires April 30, 2020 Police Advisory Commission(three openings) Carol Fogarty term expires September 30, 2020 Steve Langdon term expires September 30, 2019 Carey Hall term expires September 30, 2018 Seconded by Councilmember XiongAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. G.CONSENT AGENDA Councilmember Abrams requested consent agenda item G2 be highlighted. Mayor Slawik requested consent agenda item G3 be highlighted. CouncilmemberAbrams moved to approve agenda items G1-G7. Seconded by CouncilmemberJuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 1.Approval of Claims September 11,20173 City Council Meeting Minutes Council Packet Page Number 4 of 241 E2 CouncilmemberAbrams moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 540,746.49 Checks # 100242 thru #100268 dated 08/29/17 $ 337,989.91 Disbursements via debits to checking account dated 08/21/17 thru 08/25/17 $ 271,112.08 Checks #100269 thru #100310 dated 08/29/17 thru 09/05/17 $ 488,111.29 Disbursements via debits to checking account dated 08/28/17 thru 09/01/17 $ 1,637,959.77 Total Accounts Payable PAYROLL $ 517,198.72 Payroll Checks and Direct Deposits dated 08/25/17 Payroll Deduction check # 99102828 thru # $ 1,732.93 99102831 dated 08/25/17 $ 518,931.65 Total Payroll $ 2,156,891.42 GRAND TOTAL Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 2.Approval of 2017 – 2018 School Resource Officer Agreement with Independent School District 622 CouncilmemberAbrams moved to approve the agreement between the City of Maplewood and North St. Paul-Maplewood-Oakdale School District 622 for School Resource Officer services and authorize the Finance Director to make any necessary budget adjustments. Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 3.Approval Authorizing the Purchase of Retaining Wall Construction Services, September 11,20174 City Council Meeting Minutes Council Packet Page Number 5 of 241 E2 Gladstone Improvements Phase 2, City Project 14-01 CouncilmemberAbrams moved to authorize the Mayor and City Manager to enter into a contract for the purchase of retaining wall construction services for the Gladstone Improvements Phase 2, City Project 14-01 with Harris LLC in the amount of $46,055.00. Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 4.Fish Creek Trail Improvements, City Project 15-19 a.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 b.Approval of Resolution Directing Final Payment and Acceptance of Project CouncilmemberAbrams moved to approvethe Resolution Directing Modification of Existing Construction Contract, Change Order No. 2. Resolution 17-09-1487 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 15-19, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered madeImprovement Project 15-19, Fish Creek Trail Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Council of Maplewood, Minnesota has previously approved Change Order No. 1 for the Fish Creek Trail Improvements, City Project 15-19, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Fish Creek Trail Improvements, City Project 15-19, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The Mayor and City Managerare hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $1,782.45. The revised contract amount is $310,999.39. Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. Councilmember Abrams moved to approve the Resolution Directing Final Payment and Acceptance of Project. September 11,20175 City Council Meeting Minutes Council Packet Page Number 6 of 241 E2 Resolution 17-09-1488 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT PROJECT 15-19 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Fish Creek Trail Improvements, City Project 15-19, and has let a construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Fish Creek Trail Improvements, City Project 15-19 is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: City Project 15-19 is complete and maintenance of this improvement is accepted by the City; the final construction cost is $310,999.39. Final payment to Sunram Construction, Inc. and the release of any retainage or escrowis hereby authorized. Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 5.Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Hillwood-Crestview Area Street Improvements, City Project 16-13 CouncilmemberAbrams moved to approve the Resolution Directing Modification of the Existing Construction Contract, Change Order No. 1, City Project 16-13. Resolution17-09-1489 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 16-13, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 16-13, Hillwood-Crestview Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Hillwood-Crestview Street Improvements, City Project 16-13, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The Mayor and City Manager are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $38,840.62. The revised contract amount is $929,111.51. September 11,20176 City Council Meeting Minutes Council Packet Page Number 7 of 241 E2 Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 6.Approval of Amended RHS Adoption Agreement, Amended Plan and Resolution for Full-time Firefighters CouncilmemberAbrams moved to approve the amended VantageCare RHS Adoption Agreement, the amended RHS Plan, and the Resolution amending the Plan for the full- time Firefighters group. Resolution17-09-1490 AMENDING VANTAGECARE RETIREMENT HEALTH SEAVINGS (RHS) PLAN Plan Number:801136 Name of Employer: City of Maplewood State: Minnesota Resolution of the above-named Employer (the “Employer”): WHEREAS, the Employer has employees rendering valuable services and WHEREAS, the amendment of its existing retiree health savingsplan for such employees services the interested of the Employer and Employees. NOW, THEREFORE BE IT RESOLVED, that the Employer hereby amends and restates the Plan as outlined in the attached VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement Amendment and Plan Document. Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 7.Approval of Amended RHS Adoption Agreement, Amended Plan and Resolution for Full-time Fire Officers CouncilmemberAbrams moved to approve the amended VantageCare RHS Adoption Agreement, the amended RHS Plan, and the Resolution amending the Plan for the full- time Fire Officers group. Resolution17-09-1491 AMENDING VANTAGECARE RETIREMENT HEALTH SEAVINGS(RHS) PLAN Plan Number: 801159 Name of Employer: City of Maplewood State: Minnesota Resolution of the above-named Employer (the “Employer”): September 11,20177 City Council Meeting Minutes Council Packet Page Number 8 of 241 E2 WHEREAS, the Employer has employees rendering valuable services and WHEREAS, the amendment of its existing retiree health savings plan for such employees services the interested of the Employer and Employees. NOW, THEREFORE BE IT RESOLVED, that the Employer hereby amends and restates the Plan as outlined in the attached VantageCare Retirement Health Savings (RHS) Plan Adoption Agreement Amendment and Plan Document. Seconded by Councilmember JuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. H.PUBLIC HEARINGS None I.UNFINISHED BUSINESS 1.Consider Approval of 2017-2018Collective Bargaining Agreements a.International Association of Fire Fighters – Fire Fighters- Local 4470 (Fire Fighters) b.International Association of Fire Fighters – Fire Fighters- Local 4470-O (Fire Officers) Assistant City Manager/HR Director Funk gave the staff report and answered questions of the council. CouncilmemberAbrams moved to approve the 2017 and 2018 Collective Bargaining Agreements between the City of Maplewood and the following two (2) bargaining units: International Association of Fire Fighters –Fire Fighters- Local 4470 (Fire Fighters) and International Association of Fire Fighters –FireFighters- Local 4470- O (Fire Officers); and authorize the Mayor and City Manager to execute said contracts on behalf of the City. Seconded by CouncilmemberJuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. J.NEW BUSINESS 1.Consider Adoption of Resolution Providing Approval of the Proposed 2018 Tax Levy and Setting 2018 Budget Public Hearing Date FinanceDirector Paulseth gave the staff presentation. CouncilmemberJuenemann moved to adopt the Resolution setting the maximum City tax levy for payable 2018, in the amount of $21,465,600, and set the date for the public September 11,20178 City Council Meeting Minutes Council Packet Page Number 9 of 241 E2 hearing on the 2018 levy and budget forMonday, December 11, 2017 at 7:00 pm at the regular City Council Meeting. Resolution17-09-1492 PROVIDING APPROVAL OF THE 2018 PROPOSED TAX LEVY and SETTING 2018 BUDGET PUBLIC HEARING DATE WHEREAS, State law requires that the City Council adopt a proposed tax levy for taxes payable in 2018 by September 30, 2017; and WHEREAS, the City Council has reviewed the proposed 2018 Budget and has determined the amount of the proposed tax levy payable in 2018, which is the maximum amount that will be levied. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA THAT: 1.The proposed tax levy for taxes payable in 2018, in the amount of $21,465,600 is hereby adopted and shall be certified to the Ramsey County Auditor as follows: General Fund$ 15,351,530 Debt Service Funds$ 4,614,481 Market Value Debt Service $ 279,589 Recreation Fund$ 200,000 EDA Fund$ 100,000 Capital Improvement Fund $ 180,000 Police Equipment Fund$ 180,000 Fire Equipment Fund$ 60,000 Ambulance Fund$ 300,000 Community Center Fund$ 200,000 Total Levy$ 21,465,600 2.Debt levies have been reduced by other revenue sources to a total of $4,614,481 for tax capacity levies and $279,589 for market value levies. 3.The date for the public hearing and consideration of the final 2018 levy and budget shall be Monday, December 11, 2017 at 7:00 pm in the Maplewood City Council Chambers. Seconded by CouncilmemberAbramsAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. 2.Consider Approval of the Wakefield Park Improvements Preliminary Design Report September 11,20179 City Council Meeting Minutes Council Packet Page Number 10 of 241 E2 Environmental and Economic Development Director Konewko gave the report and answered questions of the council. Todd Halunen, Project Manager with Kimley-Horn and Associates, Inc.addressed the council to give the presentation. Recreation Manager Robbins gave additional information on the project design. Tim McIlwain, with Hagen, Christensen & McIlwain addressed the council togive information about the project design. Councilmember Abrams moved to approve the Wakefield Park Conceptand directed staff to seek additional input from the Community Design Review Board, Parks & Recreation Commissionand Planning Commission; and bring information back to the councilandkeep the project moving as scheduledby authorizing the City Manager and Mayor to enter into a contract with Kimley-Horn for said services. Seconded by CouncilmemberJuenemannAyes – Mayor Slawik, Council Members Abrams, Juenemann and Xiong The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Slawikadjourned the meeting at9:09 p.m. September 11,201710 City Council Meeting Minutes Council Packet Page Number 11 of 241 F1a MEMORANDUM TO:City Council FROM:Melinda Coleman, City Manager DATE:September 19, 2017 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 announcementsof the meetings, but a snapshot look at the upcoming meetings for theCity Council to plan their calendars. No action is required. Upcoming Agenda Items & WorkSession Schedule th 1.October 9 a.Workshop:Gold Line BRT Project Review; St. Paul Chamber Award th 2.October 16 a.Special Meeting Workshop:Review of Fitch Study rd 3.October 23 a.Workshop: Comprehensive Plan Review; Communications Department Report th 4.November 13 a.Workshop:Comcast Franchise Renewal and Update – Bob Vose Council Comments Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Resultsof Tobacco Survey- completed 2.Rental Licensing Survey (EEDD/Police Coordination) 3.Report on City Comparables for School Resource Officer (costs and staffing levels) Budget Impact None Recommendation No action required. Attachments None. Council Packet Page Number 12 of 241 F3 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Lois Knutson,Administrative Services & Performance Measurement Coordinator DATE: September20, 2017 SUBJECT:Approval of Resolution forCommission Reappointments Introduction The City Council willreview the list of commissioners whose terms will expireon September30, 2017. The commissioners wereasked to fill out an assessment to evaluate their time on the commission and to provide input to the council.Those commissioners approved for reappointment will serve a three year term, ending on September 30, 2020. Background There are fourcommissioners whose terms will expire on April 30, 2017.Two of them, Mollie Miller (ENRC) and Warren Wessel (HEDC), are not seeking reappointment at this time. The other twoare seeking reappointment as reflected below: Environmental & Natural Resources Commission Tom Sinn,member since 9/22/2014 Attendance: 2014: 3 /3 2015: 11/11 2016: 9 /10 2017: 5 /6 Housing & Economic DevelopmentCommission Brian Finley,member since 1/25/2016 Attendance: 2016: 3 /3 2017: 2 /2 Budget Impact None. Recommendation Staff recommends that the Council approvethe attached resolution for Commission reappointments. Attachments 1.Resolution for Reappointments 2.Reappointment Assessments Council Packet Page Number 13 of 241 F3, Attachment 1 RESOLUTION BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who the Maplewood City Council has reviewed, to be reappointed to the following commissions: Environmental & Natural Resources Commission Tom Sinn, Term Expires on 9/30/2020 Housing & Economic Development Commission Brian Finley,Term Expires on 9/30/2020 Council Packet Page Number 14 of 241 F3, Attachment 2 Council Packet Page Number 15 of 241 F3, Attachment 2 Council Packet Page Number 16 of 241 G1 MEMORANDUM Melinda Coleman, City Manager TO: Ellen Paulseth, Finance Director FROM: September 19, 2017 DATE: Approval of Claims SUBJECT: 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: $149,632.06Checks # 100311 thru #100342 dated 09/12/17 $203,779.72Disbursements via debits to checking account dated 09/05/17 thru 09/08/17 $567,010.61Checks #100343 thru #100370 dated 09/12/17 thru 09/19/17 $471,214.56Disbursements via debits to checking account dated 09/11/17 thru 09/15/17 $1,391,636.95Total Accounts Payable PAYROLL $532,274.37Payroll Checks and Direct Deposits dated 09/08/17 $1,187.68Payroll Deduction check # 99102846 thru # 99102848 dated 09/08/17 $533,462.05Total Payroll $1,925,099.00GRAND TOTAL 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. Attachments Council Packet Page Number 17 of 241 G1, Attachments Check Register City of Maplewood 09/07/2017 CheckDateVendorDescriptionAmount 10031109/12/201704137THE EDGE MARTIAL ARTSKARATE INSTRUCTION JULY-AUGUST945.00 10031209/12/201705028ENERGY ALTERNATIVES SOLAR, LLCCITY HALL SOLAR SYSTEM LEASE-SEPT397.00 10031309/12/201700585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - AUGUST765.45 10031409/12/201702728KIMLEY-HORN & ASSOCIATES INC2040 COMPREHENSIVE PLAN UPDATE10,281.98 09/12/2017WILLIE MCCRAY 10031505311SOFTBALL UMPIRES 8/28 - 8/31594.00 09/12/2017CITY OF MINNEAPOLIS RECEIVABLES 10031604316AUTO PAWN SYSTEM - JULY830.70 09/12/2017SPRINGSTED INC 10031701497PROF SRVS - POTENTIAL TIF PROJECT8,965.00 09/12/2017SUBURBAN SPORTSWEAR 10031801546T-SHIRTS FOR SOCCER CLINIC872.50 09/12/2017YMCA 10031905761MCC IMPROV - PROJECT 1I, 2C, 1G, 1F88,829.83 09/12/2017ZARNOTH BRUSH WORKS, INC. 10032001803GUTTER BROOMS FOR SWEEPERS2,190.00 09/12/2017ALPHA VIDEO & AUDIO INC 10032101830MOVIE AV SET UP - WOW EVENT716.00 09/12/2017ALPHA VIDEO & AUDIO INC 01830MOVIE AV SET UP - FARM EVENT685.93 09/12/2017BROCK WHITE COMPANY, LLC. 10032200221CRACK SEALING MATERIALS2,189.40 09/12/2017CINTAS CORPORATION #470 10032305369CLEANING SUPPLIES-CH/PD/PW/PM94.97 09/12/2017FASTENAL COMPANY 10032405730FIELD MARKING PAINT - SOCCER FIELDS448.13 09/12/2017FASTENAL COMPANY 05730FIELD MARKING PAINT - SOCCER FIELDS190.51 09/12/2017GREYSTONE CONSTRUCTION CO 10032503529ANNUAL INSPECTION OF SALT SHED450.00 09/12/2017LORENZ BUS SERVICE, INC. 10032605841CHARTER BUS-CITY TOUR SEPT 18632.50 09/12/2017MAKE THE MOVE TRAINING, LLC 10032705840TRAINING2,800.00 09/12/2017ONE TIME VENDOR 10032800001REIMB HOLM - CN 170217201,748.30 09/12/2017ONE TIME VENDOR 10032900001REFUND D MCGOVERN - TRANS MEDIC89.74 09/12/2017ONE TIME VENDOR 10033000001REFUND S GANT - FLAG FOOTBALL60.00 09/12/2017OUTDOOR LAB LANDSCAPE DESIGN 10033105609BOULEVARD MAINTENANCE~1,650.00 09/12/2017REGIONS HOSPITAL 10033201340EMS SUPPLIES555.00 09/12/2017RICK JOHNSON DEER & BEAVER INC 10033303446DEER PICK UP - AUGUST145.00 09/12/2017S & S TREE SPECIALISTS 10033404578TREE INSPECTION SERVICES1,779.25 09/12/2017ST PAUL REGIONAL WATER SRVS 10033500198WATER UTILITY7,111.62 09/12/2017STRENGTHSWISE LLC 10033605800STAFF TRAINING2,550.00 09/12/2017SUMMIT INSPECTIONS 10033701550ELECTRICAL INSPECTIONS - AUGUST6,443.00 09/12/2017MIKE TURNBULL 10033805842FIRE MARSHAL SERVICES 04/10 - 04/28596.25 09/12/2017TWIN CITIES TRANSPORT & 10033901669TOW M311175.00 09/12/2017US BANK 10034002464PAYING AGENT & ACCEPTANCE FEE800.00 09/12/2017US BANK 02464PAYING AGENT & ACCEPTANCE FEE450.00 09/12/2017US BANK 02464PAYING AGENT & ACCEPTANCE FEE450.00 09/12/2017WHAT WORKS INCPD ORGANIZATIONAL DEVELOPMENT2,070.00 10034101876 10034209/12/201705705TERRI WOLDJANITORIAL SERVICES - AUGUST80.00 149,632.06 32Checks in this report. Council Packet Page Number 18 of 241 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 9/5/2017MN State TreasurerDrivers License/Deputy Registrar41,933.11 9/6/2017MN State TreasurerDrivers License/Deputy Registrar20,910.50 9/7/2017MN State TreasurerDrivers License/Deputy Registrar58,722.49 9/7/2017Delta DentalDental Premium3,219.14 9/8/2017MN State TreasurerDrivers License/Deputy Registrar46,006.36 9/8/2017US Bank VISA One Card*Purchasing card items28,614.12 9/8/2017ICMA (Vantagepointe)Deferred Compensation4,374.00 203,779.72 *Detailed listing of VISA purchases is attached. Council Packet Page Number 19 of 241 G1, Attachments Transaction DatePosting DateMerchant NameTransaction AmountName 08/18/201708/21/2017SWANK MOTION PICTURES IN$385.00JOSHUA ABRAHAM 08/24/201708/25/2017SWANK MOTION PICTURES IN$385.00JOSHUA ABRAHAM 08/28/201708/29/2017PARTY CITY #768$23.88JOSHUA ABRAHAM 08/29/201708/30/2017PARTY CITY #768$13.93JOSHUA ABRAHAM 08/18/201708/21/2017EYE SAFETY SYSTEMS$165.00PAUL BARTZ 08/18/201708/21/2017OFFICE DEPOT #1090$91.36REGAN BEGGS 08/24/201708/28/2017OFFICE DEPOT #1090$72.60REGAN BEGGS 08/25/201708/28/2017PAKOR, INC.$280.13REGAN BEGGS 08/29/201708/30/2017MINNESOTA ASSOCIATION OF$25.00CHAD BERGO 09/01/201709/01/2017ISSUU$420.00CHAD BERGO 08/28/201708/29/2017CULVER'S OF FOREST$29.74BRIAN BIERDEMAN 08/28/201708/30/2017THE HOME DEPOT #2820$7.03BRIAN BIERDEMAN 08/29/201708/30/2017CULVER'S OF FOREST$42.45BRIAN BIERDEMAN 08/29/201708/31/2017THE HOME DEPOT #2820$20.73BRIAN BIERDEMAN 08/30/201708/31/2017CULVER'S OF FOREST$42.67BRIAN BIERDEMAN 08/19/201708/21/2017AMAZON MKTPLACE PMTS$33.19OAKLEY BIESANZ 08/21/201708/23/2017MENARDS ST. PAUL MIDWAY$137.50OAKLEY BIESANZ 08/17/201708/21/2017FUN JUMPS ENTERTAINMENT$131.00NEIL BRENEMAN 08/21/201708/22/2017REVOLUTION SPORTIN$164.97NEIL BRENEMAN 08/21/201708/22/2017DOLLAR TREE$3.21NEIL BRENEMAN 08/21/201708/24/2017CRAGUNS LODGE AND GOLF RE$234.08NEIL BRENEMAN 08/23/201708/25/2017HOLIDAY STNSTORE 0440$29.94NEIL BRENEMAN 08/30/201709/01/2017DCABLES$19.93NEIL BRENEMAN 08/23/201708/25/2017DIAMOND VOGEL PAINT #807$543.75TROY BRINK 08/25/201708/28/2017GRUBERS POWER EQUIPMENT$33.21TROY BRINK 08/29/201708/31/2017DIAMOND VOGEL PAINT #807$289.43TROY BRINK 08/30/201709/01/2017THE HOME DEPOT #2801$26.91TROY BRINK 08/30/201709/01/2017THE HOME DEPOT #2801$60.44NATHAN BURLINGAME 08/27/201708/29/2017THE HOME DEPOT #2801$6.93DANIEL BUSACK 08/18/201708/21/2017HENRIKSEN ACE HDWE$3.58SCOTT CHRISTENSON 08/18/201708/21/2017THE HOME DEPOT #2801$13.40SCOTT CHRISTENSON 08/28/201708/29/2017HENRIKSEN ACE HDWE$27.11SCOTT CHRISTENSON 08/22/201708/24/2017DOWNTOWNERS CAR WASH - SA$9.14SHAWN CONWAY 08/30/201709/01/2017SECRETARY OF STATE$120.00THERESA CORCORAN 08/21/201708/23/2017LAW ENFORCEMENT TARGETS$482.04MICHAEL DUGAS 08/29/201708/31/2017THE HOME DEPOT #2801$63.42DOUG EDGE 08/30/201709/01/2017THE HOME DEPOT #2801$22.02DOUG EDGE 08/23/201708/29/2017THE STAR TRIBUNE CIRCULAT($17.20)GEORGE FAIRBANKS 08/30/201708/31/2017GOODWILL$4.01SHANN FINWALL 08/18/201708/21/2017MICHAELS STORES 2744$138.01CASSIE FISHER 08/19/201708/21/2017AMAZON MKTPLACE PMTS$12.95MYCHAL FOWLDS 08/24/201708/25/2017IDU*INSIGHT PUBLIC SEC$744.17MYCHAL FOWLDS 08/25/201708/28/2017VIMEO PRO$199.00MYCHAL FOWLDS 08/26/201708/28/2017IDU*INSIGHT PUBLIC SEC$150.90MYCHAL FOWLDS 08/31/201709/01/2017LOFFLER COMPANIES, INC.$51.56MYCHAL FOWLDS 08/31/201709/01/2017LOFFLER COMPANIES, INC.$1,117.49MYCHAL FOWLDS 08/31/201709/01/2017CAN*CANONFINANCIAL CFS$331.57MYCHAL FOWLDS 08/31/201709/01/2017IDU*INSIGHT PUBLIC SEC$162.05MYCHAL FOWLDS 08/23/201708/24/2017CDW GOVT #JWX4383$1,689.36NICK FRANZEN 08/23/201708/24/2017THAWTE$519.00NICK FRANZEN 08/23/201708/25/2017DATA Q DIRECT$1,378.00NICK FRANZEN 08/25/201708/28/2017MINNESOTA HISTORICAL SOCI$100.00VIRGINIA GAYNOR 08/29/201708/30/2017AMAZON.COM$353.41ALEX GERONSIN $19.22ALEX GERONSIN 08/30/201709/01/2017THE HOME DEPOT #2801 08/28/201708/29/2017BROCK WHITE 180$100.00MARK HAAG 08/29/201708/31/2017THE HOME DEPOT #2801$19.21MARK HAAG 08/18/201708/21/2017MENARDS MAPLEWOOD MN$28.96TAMARA HAYS Council Packet Page Number 20 of 241 G1, Attachments 08/29/201708/30/2017HENRIKSEN ACE HDWE$3.18TAMARA HAYS 08/18/201708/21/2017MENARDS MAPLEWOOD MN$18.39ANN HUTCHINSON 08/22/201708/24/2017WATER FILTERS FAST$151.96DAVID JAHN 08/23/201708/24/2017DALCO ENTERPRISES$111.28DAVID JAHN 08/31/201709/01/2017DALCO ENTERPRISES$556.28DAVID JAHN 08/29/201708/31/2017MENARDS MAPLEWOOD MN($13.85)KEVIN JOHNSON 08/18/201708/21/2017JERSEY MIKES ONLINE ORDE$32.99LOIS KNUTSON 08/28/201708/29/2017BAMBU ASIAN CUISINE$140.81LOIS KNUTSON 08/23/201708/25/2017THE HOME DEPOT #2801$87.62NICHOLAS KREKELER 08/23/201708/25/2017M&H #26$4.55NICHOLAS KREKELER 08/18/201708/21/2017PAYPAL *JPOWERS234$40.00STEVE LUKIN 08/20/201708/21/2017REPUBLIC SERVICES TRASH$158.74STEVE LUKIN 08/22/201708/23/2017REPUBLIC SERVICES TRASH$158.74STEVE LUKIN 08/22/201708/24/2017OFFICEMAX/OFFICE DEPOT616$32.64STEVE LUKIN 08/22/201708/24/2017OFFICEMAX/OFFICE DEPOT616$27.55STEVE LUKIN 08/23/201708/24/2017IN *BECKER FIRE & SAFETY$95.25STEVE LUKIN 09/01/201709/01/2017AIRGASS NORTH$38.75STEVE LUKIN 08/24/201708/25/2017PAYPAL *MNAPA$130.00MIKE MARTIN 08/21/201708/22/2017CHANNING BETE CO AHA$48.95MICHAEL MONDOR 08/31/201709/01/2017HENRIKSEN ACE HDWE$6.40BRYAN NAGEL 08/17/201708/21/2017MENARDS OAKDALE MN$29.98JOHN NAUGHTON 08/21/201708/23/2017THE HOME DEPOT #2801$31.35JOHN NAUGHTON 08/25/201708/28/2017HENRIKSEN ACE HDWE$216.41JOHN NAUGHTON 08/25/201708/28/2017THE HOME DEPOT #2801$91.97JOHN NAUGHTON 08/20/201708/21/2017RED WING SHOE #727$313.10ERICK OSWALD 08/24/201708/28/2017OFFICEMAX/OFFICE DEPOT616$9.99ROBERT PETERSON 08/24/201708/28/2017THE HOME DEPOT #2801$6.47ROBERT PETERSON 08/18/201708/21/2017ROSEDALE CHEVROLET$7.13STEVEN PRIEM 08/18/201708/21/2017ZARNOTH BRUSH WORKS INC$908.00STEVEN PRIEM 08/22/201708/23/2017FACTORY MOTOR PARTS #19$180.42STEVEN PRIEM 08/23/201708/24/2017POMP'S TIRE #021$983.75STEVEN PRIEM 08/23/201708/24/2017AUTO PLUS-LITTLE CANADA$77.59STEVEN PRIEM 08/23/201708/25/2017WHEELCO BRAKE &SUPPLY$88.52STEVEN PRIEM 08/24/201708/25/2017FACTORY MOTOR PARTS #19$62.19STEVEN PRIEM 08/24/201708/25/2017FACTORY MOTOR PARTS #19$7.52STEVEN PRIEM 08/24/201708/25/2017AUTO PLUS-LITTLE CANADA$60.24STEVEN PRIEM 08/24/201708/28/2017BOYER FORD TRUCKS$253.40STEVEN PRIEM 08/28/201708/29/2017COMO LUBE AND SUPPLIES$88.38STEVEN PRIEM 08/29/201708/30/2017CUMMINS INC$213.29STEVEN PRIEM 08/29/201708/30/2017TRUCK UTILITIES INC ST PA$90.60STEVEN PRIEM 08/29/201708/31/2017MERIT CHEVROLET$123.08STEVEN PRIEM 08/30/201708/31/2017FACTORY MOTOR PARTS #19$17.77STEVEN PRIEM 08/30/201708/31/2017TRUCK UTILITIES INC ST PA$112.00STEVEN PRIEM 08/31/201709/01/2017AUTO PLUS-LITTLE CANADA$121.83STEVEN PRIEM 08/31/201709/01/2017DOHERTYS AUTO BODY REPAIR$1,043.05STEVEN PRIEM 08/31/201709/01/2017DOHERTYS AUTO BODY REPAIR$1,043.05STEVEN PRIEM 08/18/201708/21/2017HENRIKSEN ACE HDWE$38.97KELLY PRINS 08/24/201708/25/2017THE WEBSTAURANT STORE$163.69KELLY PRINS 08/24/201708/25/2017TCB MARKETING$432.00TERRIE RAMEAUX 08/23/201708/24/2017AMAZON MKTPLACE PMTS$201.98MICHAEL RENNER 08/30/201708/31/2017AMAZON MKTPLACE PMTS$423.14MICHAEL RENNER 08/18/201708/21/2017REPUBLIC SERVICES TRASH$628.77AUDRA ROBBINS 08/22/201708/23/2017TARGET 00011858$95.50AUDRA ROBBINS 08/23/201708/24/2017CVS/PHARMACY #01751$1,034.50JOSEPH RUEB $1,559.50JOSEPH RUEB 08/25/201708/28/2017CVS/PHARMACY #01751 08/30/201709/01/2017MINNESOTA GOVERNMENT FIN$225.00JOSEPH RUEB 08/29/201708/30/2017OAKDALE RENTAL CENTER$2.14ROBERT RUNNING 08/24/201708/25/2017LILLIE SUBURBAN NEWSPAPER$132.75DEB SCHMIDT Council Packet Page Number 21 of 241 G1, Attachments 08/17/201708/21/2017CINTAS 60A SAP$174.14SCOTT SCHULTZ 08/17/201708/21/2017CINTAS 60A SAP$131.97SCOTT SCHULTZ 08/17/201708/21/2017CINTAS 60A SAP$221.80SCOTT SCHULTZ 08/17/201708/21/2017CINTAS 60A SAP$116.97SCOTT SCHULTZ 08/19/201708/21/2017CINTAS 60A SAP$154.66SCOTT SCHULTZ 08/19/201708/21/2017CINTAS 60A SAP$297.09SCOTT SCHULTZ 08/21/201708/23/2017ON SITE SANITATION INC$188.00SCOTT SCHULTZ 08/24/201708/25/2017EPASALES$699.95SCOTT SCHULTZ 08/28/201708/30/2017ON SITE SANITATION INC$20.00SCOTT SCHULTZ 08/29/201708/31/2017SPOK INC$16.11SCOTT SCHULTZ 09/01/201709/01/2017ULINE *SHIP SUPPLIES$225.57SCOTT SCHULTZ 08/22/201708/24/2017OFFICE DEPOT #1090$67.97STEPHANIE SHEA 08/29/201708/30/2017THE WEBSTAURANT STORE$161.28CHRIS SWANSON 08/23/201708/25/2017OFFICE DEPOT #1090$166.94KAREN WACHAL 08/23/201708/25/2017OFFICE DEPOT #1090$197.14KAREN WACHAL 08/23/201708/24/2017LTG POWER EQUIPMENT$189.99JEFF WILBER 08/29/201708/30/2017BROCK WHITE 180$100.00JEFF WILBER 08/17/201708/21/2017MINNESOTA CHIEFS OF POLIC$80.00TAMMY WYLIE 08/17/201708/21/2017MINNESOTA CHIEFS OF POLIC$80.00TAMMY WYLIE 08/22/201708/24/2017OFFICE DEPOT #1090$51.99TAMMY WYLIE 08/25/201708/28/2017PEAVEY CORP.$137.50TAMMY WYLIE 08/26/201708/28/2017ULINE *SHIP SUPPLIES$194.90TAMMY WYLIE 08/27/201708/28/2017UPS*1ZL13B2T0220007214$21.23TAMMY WYLIE 08/27/201708/28/2017UPS*2958415P2SR$5.80TAMMY WYLIE 08/30/201708/30/2017ULINE *SHIP SUPPLIES$402.48TAMMY WYLIE $28,614.12 Council Packet Page Number 22 of 241 G1, Attachments Check Register City of Maplewood 09/15/2017 CheckDateVendorDescriptionAmount 10034309/12/201702464US BANKFUNDS FOR CITY HALL ATM10,000.00 10034409/19/201705234BOLER EXPRESS CAR WASHCAR WASHES - AUGUST158.89 10034509/19/201705114BOLTON & MENK, INC.PROJ 16-25 STERLING ST BRIDGE2,444.00 10034609/19/201700283CENTURY COLLEGEFIRE INSPECTOR 1 COURSE1,380.00 10034709/19/201701202NYSTROM PUBLISHING CO INCMAPLEWOOD LIVING - SEPTEMBER7,604.49 10034809/19/201702043OVERHEAD DOOR COMPANYREPAIRS TO DOORS931.75 09/19/201702043OVERHEAD DOOR COMPANYREPAIRS TO DOORS53.00 10034909/19/201701337RAMSEY COUNTY-PROP REC & REV911 DISPATCH SERVICES - AUGUST30,993.07 09/19/201701337RAMSEY COUNTY-PROP REC & REVCAD SERVICES - AUGUST6,099.63 09/19/201701337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - AUGUST542.88 09/19/201701337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - AUGUST505.44 09/19/201701337RAMSEY COUNTY-PROP REC & REVFLEET SUPPORT FEES - JUNE471.12 10035009/19/201704502BRADLEY REZNYREIMB FOR TUITION & BOOKS 07/10 -08/252,477.34 10035109/19/201701574T A SCHIFSKY & SONS, INCPROJ 16-13 HILLWOOD-CRESTVIEW ST59,150.05 10035209/19/201701574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS~5,122.20 09/19/201701574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS~882.96 09/19/201701574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS~606.12 09/19/201701574T A SCHIFSKY & SONS, INCRECYCLED BASE-MARYLAND S SEWER325.81 09/19/201701574T A SCHIFSKY & SONS, INCBITUMINOUS MATERIALS~284.96 10035309/19/201701190XCEL ENERGYELECTRIC & GAS UTILITY2,539.45 09/19/201701190XCEL ENERGYELECTRIC & GAS UTILITY2,384.83 09/19/201701190XCEL ENERGYELECTRIC & GAS UTILITY157.98 09/19/201701190XCEL ENERGYFIRE SIRENS55.40 10035409/19/201705843DVS RENEWALLICENSE RENEWAL POLICE SQUAD #91011.00 10035509/19/201705283EMERGENCY RESPONSE SOLUTIONSMSA PARTS127.68 10035609/19/201705618ENTERPRISE FM TRUSTLEASE CHARGES FIRE & PD VEHICLES3,031.74 10035709/19/201704067ESCAPE FIREFIRE SPRINKLER INSPECTION - FD#2350.00 09/19/201704067ESCAPE FIREFIRE SPRINKLER INSPECTION-CITY HALL255.00 09/19/201704067ESCAPE FIREFIRE SPRINKLER INSPECTION - FD SOUTH250.00 09/19/201704067ESCAPE FIREFIRE SPRINKLER INSPECTION-PARK&REC225.00 09/19/201704067ESCAPE FIREFIRE SPRINKLER INSPECTION - NC200.00 10035809/19/201702263HILLCREST ANIMAL HOSPITAL PAANIMAL IMPOUNDS & SRVS - AUGUST389.00 10035909/19/201700827L M C I TWORK COMP QTR OCT-DEC 2017108,430.00 09/19/201700827L M C I TINSURANCE PREMIUM OCT-DEC 201756,381.00 09/19/201700827L M C I TCLAIM DEDUCTIBLE LMC GL 19627 (16/17)9,055.00 10036009/19/201700846LANGUAGE LINE SERVICESPD PHONE-BASED INTERPRETIVE SRVS254.24 10036109/19/201704584LEXIPOL LLCANNUAL PD POLICY MANUAL SUB SRVS4,400.00 10036209/19/201704790MAYER ARTS, INC.DANCE INSTRUCTION1,296.00 10036309/19/201700986METROPOLITAN COUNCILMONTHLY SAC - AUGUST182,051.10 10036409/19/201705741MOSS & BARNETTATTORNEY FEES-CABLE MATTERS-JULY5,674.00 10036509/19/201701311PERAOMITTED DEDUCTIONS - L FINNEY124.45 10036609/19/201705103PERFORMANCE PLUS LLCFIT TEST AND QUALIFICATION45.00 10036709/19/201701340REGIONS HOSPITALMEDICAL SUPPLIES1,592.89 10036809/19/201701383ROSEVILLE AREA SCHOOLSSHARED FACILITY COST OF EDGERTON24,847.00 10036909/19/201701626TIERNEY BROTHERS INC.COMMUNICATION STUDIO14,844.82 09/19/201701626TIERNEY BROTHERS INC.COMMUNICATION STUDIO14,510.89 09/19/201701626TIERNEY BROTHERS INC.COMMUNICATION STUDIO2,066.99 09/19/201701626TIERNEY BROTHERS INC.COMMUNICATION STUDIO826.44 10037009/19/201704570WOODLOCH STABLESHORSE CAMP INSTRUCTION AUGUST600.00 567,010.61 28Checks in this report. Council Packet Page Number 23 of 241 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 9/11/2017MN State TreasurerDrivers License/Deputy Registrar39,289.11 9/11/2017MN Dept of Natural ResourcesDNR electronic licenses372.50 9/11/2017Empower - State PlanDeferred Compensation28,697.16 9/11/2017U.S. TreasurerFederal Payroll Tax101,891.25 9/11/2017P.E.R.A.P.E.R.A.104,646.34 9/11/2017Labor UnionsUnion Dues2,197.30 9/11/2017MidAmerica - INGHRA Flex plan14,316.73 9/12/2017MN State TreasurerDrivers License/Deputy Registrar23,808.86 9/12/2017MN State TreasurerState Payroll Tax21,585.12 9/13/2017MN State TreasurerDrivers License/Deputy Registrar36,594.01 9/13/2017Delta DentalDental Premium2,715.83 9/14/2017MN State TreasurerDrivers License/Deputy Registrar30,524.99 9/15/2017MN State TreasurerDrivers License/Deputy Registrar64,185.71 9/15/2017MN Dept of Natural ResourcesDNR electronic licenses208.50 9/15/2017Optum HealthDCRP & Flex plan payments181.15 471,214.56 Council Packet Page Number 24 of 241 G1, Attachments CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Exp Reimb, Severance, Conversion incl in Amount CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 09/08/17ABRAMS, MARYLEE456.30 09/08/17JUENEMANN, KATHLEEN456.30 09/08/17SLAWIK, NORA518.43 09/08/17SMITH, BRYAN456.30 09/08/17XIONG, TOU456.30 09/08/17COLEMAN, MELINDA6,352.67 09/08/17FUNK, MICHAEL5,610.65 09/08/17KNUTSON, LOIS2,802.61 09/08/17CHRISTENSON, SCOTT2,549.65 09/08/17JAHN, DAVID2,140.86 09/08/17PRINS, KELLY2,311.17 09/08/17HERZOG, LINDSAY1,494.89 09/08/17RAMEAUX, THERESE3,466.16 09/08/17OSWALD, BRENDA2,322.46 09/08/17PAULSETH, ELLEN4,989.33 09/08/17ANDERSON, CAROLE1,300.91 09/08/17DEBILZAN, JUDY2,384.21 09/08/17RUEB, JOSEPH3,780.03 09/08/17ARNOLD, AJLA1,513.52 09/08/17BEGGS, REGAN2,051.39 09/08/17EVANS, CHRISTINE2,132.99 09/08/17LARSON, MICHELLE2,132.99 09/08/17SCHMIDT, DEBORAH3,428.97 09/08/17SINDT, ANDREA3,136.56 09/08/17HANSON, MELISSA1,334.35 09/08/17MOY, PAMELA2,123.76 09/08/17OSTER, ANDREA2,142.22 09/08/17RICHTER, CHARLENE2,032.63 09/08/17VITT, SANDRA2,529.10 09/08/17WEAVER, KRISTINE2,919.08 09/08/17CORCORAN, THERESA2,135.29 09/08/17HENDRICKS, JENNIFER1,638.40 09/08/17KVAM, DAVID4,756.84 09/08/17NADEAU, SCOTT5,523.36 09/08/17SHEA, STEPHANIE1,848.99 09/08/17SHORTREED, MICHAEL4,623.73 09/08/17WYLIE, TAMMY2,030.59 09/08/17ABEL, CLINT1,441.92 09/08/17ALDRIDGE, MARK3,488.96 09/08/17BAKKE, LONN3,955.17 09/08/17BARTZ, PAUL3,933.23 09/08/17BELDE, STANLEY3,488.96 09/08/17BENJAMIN, MARKESE3,538.48 09/08/17BERGERON, ASHLEY2,231.59 09/08/17BIERDEMAN, BRIAN4,457.21 09/08/17BURT-MCGREGOR, EMILY1,680.00 09/08/17BUSACK, DANIEL4,478.15 09/08/17CARNES, JOHN3,380.87 09/08/17CROTTY, KERRY4,357.60 09/08/17DEMULLING, JOSEPH4,115.0876.58 Council Packet Page Number 25 of 241 G1, Attachments 09/08/17DUGAS, MICHAEL5,484.37 09/08/17ERICKSON, VIRGINIA3,832.20 09/08/17FISHER, CASSANDRA2,158.59 09/08/17FORSYTHE, MARCUS321.39 09/08/17FRITZE, DEREK3,336.02 09/08/17GABRIEL, ANTHONY4,155.65 09/08/17HAWKINSON JR, TIMOTHY3,866.26 09/08/17HER, PHENG3,625.80 09/08/17HIEBERT, STEVEN3,488.96 09/08/17HOEMKE, MICHAEL2,987.71 09/08/17JAMES JR, JUSTIN232.00 09/08/17JOHNSON, KEVIN4,408.62 09/08/17KONG, TOMMY3,601.50 09/08/17KREKELER, NICHOLAS1,083.59 09/08/17KROLL, BRETT3,581.16 09/08/17LANDEROS CRUZ, JESSICA464.00 09/08/17LANGNER, SCOTT3,224.58 09/08/17LANGNER, TODD4,077.86 09/08/17LENERTZ, NICHOLAS2,439.55 09/08/17LYNCH, KATHERINE3,437.88 09/08/17MARINO, JASON3,224.58 09/08/17MCCARTY, GLEN3,651.38 09/08/17METRY, ALESIA3,729.74 09/08/17MICHELETTI, BRIAN4,222.03 09/08/17MOE, AEH BEL449.50 09/08/17MULVIHILL, MARIA3,163.65 09/08/17MURRAY, RACHEL1,695.50 09/08/17NYE, MICHAEL4,395.90 09/08/17OLSON, JULIE3,459.48 09/08/17PARKER, JAMES3,271.73 09/08/17PETERSON, JARED2,731.76 09/08/17REZNY, BRADLEY3,997.51 09/08/17SLATER, BENJAMIN3,949.77 09/08/17STARKEY, ROBERT2,826.39 09/08/17STEINER, JOSEPH5,011.68 09/08/17SYPNIEWSKI, WILLIAM3,462.30 09/08/17TAUZELL, BRIAN3,262.15 09/08/17THIENES, PAUL4,395.90 09/08/17VANG, PAM2,892.42 09/08/17WENZEL, JAY3,586.17 09/08/17XIONG, KAO3,462.30 09/08/17XIONG, TUOYER464.00 09/08/17ZAPPA, ANDREW3,622.49 09/08/17ANDERSON, BRIAN302.61 09/08/17BAHL, DAVID342.79 09/08/17BASSETT, BRENT110.97 09/08/17BAUMAN, ANDREW2,915.31 09/08/17BEITLER, NATHAN938.05 09/08/17BOURQUIN, RON1,076.25 09/08/17CAPISTRANT, JOHN438.71 09/08/17COREY, ROBERT283.77 09/08/17CRAWFORD - JR, RAYMOND3,535.80 09/08/17CRUMMY, CHARLES285.50 09/08/17DABRUZZI, THOMAS2,869.83 09/08/17DAWSON, RICHARD3,276.42 09/08/17EVERSON, PAUL3,329.06 09/08/17HAGEN, MICHAEL813.06 09/08/17HALE, JOSEPH764.00 09/08/17HALWEG, JODI3,230.33 09/08/17HAWTHORNE, ROCHELLE3,094.94 09/08/17HUTCHINSON, JAMES512.20 Council Packet Page Number 26 of 241 G1, Attachments 09/08/17IMM, TRACY457.32 09/08/17JANSEN, CHAD454.07 09/08/17KANE, ROBERT974.03 09/08/17KARRAS, JAMIE721.78 09/08/17KERSKA, JOSEPH1,191.51 09/08/17KONDER, RONALD1,072.35 09/08/17KUBAT, ERIC3,277.42 09/08/17LANDER, CHARLES2,596.97 09/08/17LINDER, TIMOTHY2,984.54 09/08/17LOCHEN, MICHAEL1,129.88 09/08/17MERKATORIS, BRETT535.64 09/08/17MONDOR, MICHAEL4,774.52 09/08/17MORGAN, JEFFERY293.47 09/08/17NEILY, STEVEN109.78 09/08/17NIELSEN, KENNETH534.84 09/08/17NOVAK, JEROME3,315.16 09/08/17NOWICKI, PAUL272.37 09/08/17O'GARA, GEORGE65.89 09/08/17OPHEIM, JOHN143.55 09/08/17PACHECO, ALPHONSE874.97 09/08/17PETERSON, ROBERT3,189.19 09/08/17POWERS, KENNETH3,880.69 09/08/17RANGEL, DERRICK514.66 09/08/17RODRIGUEZ, ROBERTO2,928.96 09/08/17SAUERWEIN, ADAM186.77 09/08/17SEDLACEK, JEFFREY3,140.74 09/08/17STREFF, MICHAEL3,062.64 09/08/17SVENDSEN, RONALD4,368.95 09/08/17TROXEL, REID92.73 09/08/17ZAPPA, ERIC2,397.94 09/08/17CONWAY, SHAWN3,917.72 09/08/17LO, CHING1,198.19 09/08/17LUKIN, STEVEN5,214.17 09/08/17CORTESI, LUANNE2,122.60 09/08/17JANASZAK, MEGHAN2,402.01 09/08/17BRINK, TROY2,910.23 09/08/17BUCKLEY, BRENT2,677.47 09/08/17DOUGLASS, TOM1,992.09 09/08/17EDGE, DOUGLAS2,396.91 09/08/17JONES, DONALD2,429.59 09/08/17MEISSNER, BRENT2,427.29 09/08/17NAGEL, BRYAN4,140.60 09/08/17OSWALD, ERICK2,750.93 09/08/17RUIZ, RICARDO784.35 09/08/17RUNNING, ROBERT2,672.49 09/08/17TEVLIN, TODD2,429.59 09/08/17BURLINGAME, NATHAN2,812.80 09/08/17DUCHARME, JOHN3,077.53 09/08/17ENGSTROM, ANDREW3,154.65 09/08/17JAROSCH, JONATHAN3,608.24 09/08/17LINDBLOM, RANDAL3,077.51 09/08/17LOVE, STEVEN4,780.89 09/08/17ZIEMAN, SCOTT200.00 09/08/17RHODES, KELLY480.00 09/08/17HAMRE, MILES766.14 09/08/17HAYS, TAMARA2,207.29 09/08/17HINNENKAMP, GARY2,819.56 09/08/17NAUGHTON, JOHN2,429.59 09/08/17ORE, JORDAN2,215.93 09/08/17SAKRY, JASON2,018.94 09/08/17SALCHOW, CONNOR920.00 Council Packet Page Number 27 of 241 G1, Attachments 09/08/17BIESANZ, OAKLEY1,629.39 09/08/17GERNES, CAROLE1,743.39 09/08/17HER, KONNIE688.50 09/08/17HUTCHINSON, ANN3,003.58 09/08/17WACHAL, KAREN1,092.47 09/08/17WOLFE, KAYLA688.50 09/08/17GAYNOR, VIRGINIA3,672.64 09/08/17JOHNSON, ELIZABETH1,905.79 09/08/17KONEWKO, DUWAYNE5,547.80 09/08/17KROLL, LISA2,135.29 09/08/17ADADE, JANE1,490.51 09/08/17FINWALL, SHANN3,657.19 09/08/17MARTIN, MICHAEL3,699.07 09/08/17BRASH, JASON3,404.19 09/08/17DEWEY, MARK1,280.00 09/08/17SWAN, DAVID3,130.89 09/08/17SWANSON, CHRIS2,264.19 09/08/17WEIDNER, JAMES2,441.79 09/08/17WELLENS, MOLLY2,099.11 09/08/17ABRAHAM, JOSHUA2,184.99 09/08/17BJORK, BRANDON66.13 09/08/17BRENEMAN, NEIL2,729.93 09/08/17ETTER, LAURA150.00 09/08/17KUCHENMEISTER, GINA1,850.40 09/08/17LIND, SARAH42.00 09/08/17LO, SATHAE71.75 09/08/17NEUMANN, BRAD28.50 09/08/17PIEPER, THEODORE48.00 09/08/17RASMUSSEN, DANIEL75.00 09/08/17ROBBINS, AUDRA3,856.01 09/08/17XIONG, BAO105.00 09/08/17YANG, SHERLING87.00 09/08/17BERGO, CHAD3,353.99 09/08/17FAIRBANKS, GEORGE7,352.954,993.67 09/08/17SHEERAN JR, JOSEPH1,181.42150.00 09/08/17ADAMS, DAVID2,354.41 09/08/17HAAG, MARK2,674.80 09/08/17JENSEN, JOSEPH2,104.10 09/08/17SCHULTZ, SCOTT4,101.33 09/08/17WILBER, JEFFREY2,086.59 09/08/17WISTL, MOLLY336.00 09/08/17COUNTRYMAN, BRENDA1,204.00 09/08/17PRIEM, STEVEN2,731.10 09/08/17WOEHRLE, MATTHEW2,514.01 09/08/17XIONG, BOON2,063.93 09/08/17FOWLDS, MYCHAL4,524.35 09/08/17FRANZEN, NICHOLAS3,526.44 09/08/17GERONSIN, ALEXANDER2,326.59 09/08/17RENNER, MICHAEL2,817.40 9910284409/08/17KRUEGER, SCOTT99.00 9910284509/08/17VANG, DONNA187.50 532,274.37 Council Packet Page Number 28 of 241 G2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: September 25, 2017 SUBJECT: Approval of Transfers 2017 Miscellaneous Transfers The attached transfers are reflected in the 2017 budget, are related to debt service and capital projects activities, or are accounting transfers to set up new funds or close old funds. These transfers represent funds that were committed in previous budgets. Approval is requested for transfers to be effective upon adoption. Budget Impact None. Transferring money between funds has no financial impact on the city. Recommendation It is recommended that the City Council approve the attached transfers, in the amount of $1,814,681.25, and authorize the Finance Director to make the appropriate accounting entries to complete the transactions. Attachments 1. List of transfers Council Packet Page Number 29 of 241 G2, Attachment 1 From Fund To Fund Amount For General Fund 101 Taste of Maplewood $21,265.03 Reimburse City Fund 220 Celebration expenses Fire Training Facility CP Fire Training Facility $41,462.95 Split operations activities Fund 440 SR Fund 211 from capital project fund Fire Truck Replacement Debt Service Capital $93,882.43 Annual lease payment for Fund 424 Lease Fund 377 pumper truck WAC St. Paul Water Fire Training Facility $70,000.00 Budgeted project transfer Service Fund 407 CP Fund 440 for construction WAC St. Paul Water Lakewood/Sterling CP $18,874.00 Budgeted project transfer Service Fund 407 Fund 542 for construction Sanitary Sewer Fund Lakewood/Sterling CP $66,085.00 Budgeted project transfer 601Fund 542 for construction Environmental Utility Lakewood/Sterling CP $69,837.00 Budgeted project transfer Fund 604 Fund 542 for construction Street Use Revitalization Lakewood/Sterling CP $251,360.68 Budgeted project transfer Fund 499 Fund 542 for construction Sanitary Sewer Fund Beebe Road CP Fund $173,896.00 Budgeted project transfer 601537for construction Environmental Utility Beebe Road CP Fund $86,790.00 Budgeted project transfer Fund 604 537for construction WAC St. Paul Water Beebe Road CP Fund $7,910.00 Budgeted project transfer Service Fund 407 537for construction Sanitary Sewer Fund Pond/Dorland CP $143,572.00 Budgeted project transfer 601Fund 515 for construction Environmental Utility Pond/Dorland CP $398,620.00 Budgeted project transfer Fund 604 Fund 515 for construction WAC St. Paul Water Pond/Dorland CP $88,000.00 Budgeted project transfer Service Fund 407 Fund 515 for construction Sanitary Sewer Fund Hillwood/Crestview$62,981.00 Budgeted project transfer 601CP Fund 516 for construction Environmental Utility Hillwood/Crestview$94,471.00 Budgeted project transfer Fund 604 CP Fund 516 for construction WAC St. Paul Water Hillwood/Crestview$33,713.00 Budgeted project transfer Service Fund 407 CP Fund 516 for construction Building Fund 401 Nature Center - CIP $90,000.00 Budgeted project transfer Fund 405for construction Building Fund 401 Police Expansion CP $1,961.16 To close completed Fund 442 project fund TOTAL TRANSFERS $1,814,681.25 Council Packet Page Number 30 of 241 G3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: September 25, 2017 SUBJECT: Approval of Budget Adjustments 2017 Miscellaneous Budget Adjustments Several budget adjustments have been identified for budget year 2017. The adjustments increase expenditures; however, funding sources have been identified to finance the new expenditures. Approval is requested for the budget adjustments to be effective upon adoption. The proposed budget adjustments for 2017 are as follows: OriginalModified 20172017 Account Number DescriptionPurposeBudgetAdjustmentBudget Council 101-101-000-4480ConsultingStrengths Finder$0$12,000 101-101-000-4480Consulting Resident Survey $0$20,000$32,000 Legal Services 101-103-000-4480Consulting Legal Services $304,250$20,000$324,250 Revenue Sources 101-000-000-3301Building Permits Surplus$488,000$52,000$540,000 Building Fund 401-000-000-4730 Improvements HVAC System $0 $30,000 $30,000 Budget Impact There is no impact on the General Fund. Expenditures are being increased $52,000 to accommodate consulting budgets for the Strengths Finder workshops, the resident survey, and legal services. Legal services are higher due to extended labor negotiations in a contract year. These expenses will be completely offset by an increase in building permit revenues. The City has already realized the increased permit revenue for 2017. The Building Fund will utilize reserves that have been set aside for building repairs. The HVAC system and electrical improvements in the police garage were not considered at the time budgets were established. Recommendation It is recommended that the City Council approve the budget adjustments shown above and authorize the Finance Director to make the appropriate accounting entries. Attachments None. Council Packet Page Number 31 of 241 G4 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Andrea Sindt, City Clerk Regan Beggs, Business License Specialist DATE: September 19, 2017 SUBJECT: Approval of a MassageCenterLicense for We Knead You, LLC, 1900 County Road D East, Ste 130 Introduction An application for aMassage Centerlicense was submitted to the city on August 25, 2017by Bei Yuan Von Holtz, ownerof We Knead You, located at 1900 County Road D East, Ste 130.In addition to massage therapy, the centerwill also offer spa services. Background On September 26, 2016CityCouncil approved an ordinance establishingChapter 14, Article XX regulating Massage Centers. The ordinance removed massage centers fromChapter 14, Article XIIIregulatingPersonal Services and eliminated the restriction that massage centers be located 2,600 feet from another licensed massage center, residentially zoned district, church, nursery, elementary/junior high/ high school, or any establishment frequented by juveniles; Remaining in the ordinance is the requirement that massage centers be operated on properties zoned business-commercial. Staff has verified the property meets the currentzoning requirements for the operation of a massage center. In addition, a background investigation was conducted on Ms. Von Holtz, identifying nothingthat would prohibit the issuance of this license. Budget Impact None Recommendation Staff recommends the CityCouncil approve the issuance of a Massage Center license forWe Knead You, LLC at1900 County Road D E, Ste 130contingent upon satisfactory results of final inspections from the City’s building department. Attachments None Council Packet Page Number 32 of 241 G5 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Chris Swanson, Environmental and City Code Specialist DATE:September 15, 2017 SUBJECT: Approval of a Conditional Use Permit Review for a Non-conforming Use, Maplewood Marine, 1136 Frost Avenue East Introduction The conditional use permit (CUP) for Maplewood Marine, 1136 Frost Avenue East, is due for review.Brian Ness, of Nessco LLC, purchased the site and continues to operate Maplewood Marine. Mr. Ness also wished to move his operations of his company Production Resources- to the site. The site has been guided by the city for medium density residential housing, meaning Maplewood Marine has been grandfathered in as a legal, non-conforming use for the past several years. In order to add an additional non-conforming use, Mr. Ness was required to apply for and received a CUP to move Production Resources to the same site. Background On September 12, 2016, the city council approved a conditional use permit for Brian Ness, of Nessco LLC for a Non-conforming Use at Maplewood Marine, 1136 Frost Avenue East. Discussion Mr. Ness is occupying the site and the conditions of the CUP have been met.After walking the location, staff requires some additional screening at the site. Mr. Ness must provide a dumpster enclosure and screening between the retaining wall and the access road on the east side of his property. Mr. Ness must have these improvements completed by October 31, 2017. City staff is not aware of any neighborhood complaints or concerns. Budget Impacts None Recommendations Staff recommends approval of the Conditional Use Permit Review for a Non-conforming Use, for Maplewood Marine, 1136 Frost Avenue East and review again in one year. Attachments 1. Location Map 2. Project Site Plan 3. September 12, 2016 CUP Conditions Council Packet Page Number 33 of 241 G5, Attachment 1 Maplewood Heights Kohlman Lake Hazelwood Sherwood Glen Parkside Western Hills Gladstone Hillside Beaver Lake Battle Creek Vista Hills Highwood Carver Ridge Maplewood, Sources: Esri, HERE, DeLorme, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Maplewood, City of Maplewood Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, © OpenStreetMap contributors, and the Maplewood Marine and Production Resources - 1136 Frost Ave E GIS User Community, City of Maplewood, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, Conditional Use Permit - Overview Map 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 Council Packet Page Number 34 of 241 G5, Attachment 2 Council Packet Page Number 35 of 241 G5, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 12, 2016 City Hall, Council Chambers Meeting No. 17-16 A. NEW BUSINESS 1. Consider Approval of a Conditional Use Permit Resolution for a Nonconforming Use, 1136 Frost Avenue East Economic Development Coordinator Martin gave the staff report and answered questions of the council. Brian Ness of Nessco, LLC addressed the council to give additional information and answer questions of the council. Mayor Slawik moved to approve the resolution for a conditional use permit for Brian Ness, of Nessco LLC, at 1136 Frost Avenue East. Approval is based on the findings required by ordinance and subject to the following conditions: 1. All parking areas must be a hard surface and the applicant is required to meet the 2. No exterior site or building exterior changes, except signage, shall take place unless gns shall not be installed unless the applicant first obtains sign permits. 3. Any and all trash receptacles shall be contained within an enclosed structure. Any 4. 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. 5. The city council shall review this permit in one year. 6. The applicant shall submit to staff for approval, a plan for providing screening on the northeast corner of the site between the access drive and the retaining wall. The screening must be at least six feet in height and can be done with either landscaping or a wood or vinyl fence. 7. Storage containers must be placed to the east of the building behind the existing retaining wall. Storage containers are not permitted to be placed anywhere else on the site. All parts and materials must be kept within the storage containers at all times. 8. This site is limited to three storage containers; each no more than 20 feet in length. 9. The applicant shall comply with all requirements of the building official, fire marshal and city engineer. Council Packet Page Number 36 of 241 G5, Attachment 3 Resolution 16-09-1378 Conditional Use Permit WHEREAS, Brian Ness, of Nessco LLC, applied for a conditional use permitto replace a portion of a nonconforming use with another nonconforming use. WHEREAS, Section 44-12(2) of the city ordinances requires a conditional use permit for thesubstitution of one nonconforming use for another nonconforming use. WHEREAS, this permit applies to the property located at 1136 Frost Avenue North. The property identification numbers for this property are: 16.29.22.42.0003and 16.29.22.42.0004 WHEREAS, the history of this conditional use permit is as follows: 1.On August 16, 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 atthe hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On September 12, 2016,the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approvedthe 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 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. Council Packet Page Number 37 of 241 G5, Attachment 3 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. Approval is subject to the following conditions: 1. All parking areas must be a hard surface and the applicant is required to meet the city minimum parking requirements. 2. No exterior site or building exterior changes, except signage, shall take place unless installed unless the applicant first obtains sign permits. 3. Any and all trash receptacles shall be contained within an enclosed structure. Any 4. 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. 5. The city council shall review this permit in one year. 6. The applicant shall submit to staff for approval, a plan for providing screening on the northeast corner of the site between the access drive and the retaining wall. The screening must be at least six feet in height and can be done with either landscaping or a wood or vinyl fence. 7. Storage containers must be placed to the east of the building behind the existing retaining wall. Storage containers are not permitted to be placed anywhere else on the site. All parts and materials must be kept within the storage containers at all times. 8. This site is limited to three storage containers; each no more than 20 feet in length. 9. The applicant shall comply with all requirements of the building official, fire marshal and city engineer. Seconded by Councilmember Juenemann Ayes All The motion passed. Council Packet Page Number 38 of 241 G6 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Chris Swanson, Environmental and City Code Specialist DATE:September 15, 2017 SUBJECT: Approval of a Conditional Use Permit Review for Beyond Self Storage, 1315 Cope Avenue East Introduction The conditional use permit (CUP) for Beyond Self Storage,1315 Cope Avenue East, is due for review.ACUP is required for interior storage facilities and any structure in a light manufacturing zoning district within 350 feet of a residential lot. The building is approximately 260 feet from the nearest residential lot line. Background September 12, 2016: The city council approved a conditional use permit and design review for a 108,150-square-foot indoor self-storage facility. October 25, 2016: The CDRB approved revised design plans for the buildings location due to substandard soils. Discussion In October of 2016, the CDRB approved revised design plans for the building after testing was done at the site and poor soils were found. The revision moves the detention pond from the south of the building to the east. See below. All other requirements for the site are still met. Original Proposed Layout October Revised Proposed Layout Construction of the Beyond Self Storage building is significantly underway. The main framing is continuing at a good pace and the inspectors have had no issues with the contractors. Staff Council Packet Page Number 39 of 241 G6 have had no complaints from residents about the project. Staff recommends reviewing the project again in one year to check on the progress. Photo of Construction Progress, looking west on Cope Budget Impacts None Recommendations Staff recommends approval of the Conditional Use Permit Review for Beyond Self Storage, 1315 Cope Avenue East and that the project be reviewed again in one year. Attachments 1. Location Map 2. Project Site Plan 3. September 12, 2016 CUP Conditions Council Packet Page Number 40 of 241 G6, Attachment 1 Maplewood Heights Kohlman Lake Hazelwood Sherwood Glen Parkside Western Hills Gladstone Hillside Beaver Lake Battle Creek Vista Hills Highwood Carver Ridge Maplewood, City of Maplewood Maplewood, City of Maplewood, Source: Esri, NE Corner of Cope Avenue East and English Street North - DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Beyond Self Storage Aerogrid, IGN, IGP, swisstopo, and the GIS User Community, Esri, HERE, DeLorme, MapmyIndia, © Conditional Use Permit and Design Review - Overview Map OpenStreetMap contributors, and the GIS user community Council Packet Page Number 41 of 241 G6, Attachment 2 © INFILTRATION POND ±38,640 SF FOOTPRINT 3.22 ±ACRES38,640 ±SF FOOTPRINT, 3 STORIES(115,920 ±SF TOTAL) Council Packet Page Number 42 of 241 G6, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 12, 2016 City Hall, Council Chambers Meeting No. 17-16 A. NEW BUSINESS 1. Consider Approval of a Conditional Use Permit Resolution and Design Review for a Proposed Indoor Storage Building, Northeast Corner of English Street North and Cope Avenue East Economic Development Coordinator Martin gave the staff report and answered questions of the council. Ben Hagedorn, Self-Storage Operations Manager with NorthPoint Development addressed the council to give additional information and answer questions of the council. Councilmember Xiong moved to approve the resolution for a conditional use permit for an indoor storage building to be located at the northeast corner of English Street North and Cope Avenue East. This CUP allows the building to be constructed closer than 350 feet to a residential district. Approvalis based on the findings required by ordinance and subject to the following conditions: 1. Adherence to the submitted plans dated August 5, 2016. Staff may approve minor changes. 2. The landscape plan shall berevised showing: 3.Size, species, and location of all significant trees on the property; location of trees protected and measures for protection. 4.Outdoor storage and sales are not allowed anywhere on site. 5.Any rooftop equipment installed on the building must be screened from the residential properties to the south. 6. If parking shortages develop, applicant will be required to install additional parking spaces. 7. 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. 8. The city council shall review this permit in one year. Resolution 16-09-1377 Conditional Use Permit Resolution Council Packet Page Number 43 of 241 G6, Attachment 3 WHEREAS, JJ Jenkins of NorthPoint Development, applied for a conditional use permit to build a new indoor storage building that is within 350 feet of residential property. WHEREAS, this permit applies to the vacant property at the northeast corner of English Street North and Cope Avenue East. The legal descriptions for the property are: Parcel A: All that part of the West 398 feet of the South Half of the Northwest Quarter of the Southwest Quarter in Section 10, Township 29, Range 22, City of Maplewood, County of Ramsey, State of Minnesota, lying Southerly and Westerly of the following described dividing line: Commencing at the Southwest comer of the South Half of the Northwest Quarter of the South West Quarter, thence South 89 degrees 51 minutes 56 seconds East 342.00 feet, along the South line of said South Half of the Northwest Quarter of the Southwest Quarter of the point of beginning of the following described dividing line; thence North 91.66 feet along a line parallel to and 342.00 feet East of the West line of said South Half of the Northwest Quarter of the Southwest Quarter; thence North 45 degrees 00 minutes 00 seconds East 29,70 feet; thence North 64,71 feet along a line parallel to and 363,00 feet East of said West line; thence South 89 degrees 56 minutes 00 seconds West 128.50 feet along a line parallel with the South right-of-way line of Trunk Highway No. 36: thence North 125.00 feet along a line parallel 10 and 234.50 feet East from the said West line: thence South 89 degrees 56 minutes 00 seconds West parallel to said South right-of-way line of Trunk Highway No. 36 to the West line of the Northwest Quarter of the Southwest Quarter. Parcel B: All that part of the West 398 feet of the South Half of the Northwest Quarter of the Southwest Quarter in Section 10, Township 29, Range 22, City of Maplewood, County of Ramsey, State of Minnesota, lying Northerly and Easterly of the following described dividing line: Commencing at the Southwest corner of the South Hail of the Northwest Quarter of the South West Quarter; thence South 89 degrees 51 minutes 56 seconds East 342.00 feet, along the South line of said South Half of the Northwest Quarter of the Southwest Quarter of the point of beginning of the following described dividing line; thence North 91.86 feet along a line parallel to and 342,00 feet East of the West line of said South Half of the Northwest Quarter of the Southwest Quarter; thence North 45 degrees 00 minutes 00 seconds East 29,70fee1; thence North 64,71 feet along a line parallel to and 363.00 feet East of said West line; thence South 89 degrees 56 minutes 00 seconds West 128.50 feet along a line parallel with the South right-of-way line of Trunk Highway No. 36; thence North 125.00 feet along a line parallel to and 234.50 feet East from the said West line: thence South 89 degrees 56 minutes 00 seconds West parallel to said South right-of-way line of Trunk Highway No. 36 to the West line of the Northwest Quarter of the Southwest Quarter. Subject to public right-of-way for Cope Avenue and English Street. WHEREAS, the history of this conditional use permit revision is as follows: Council Packet Page Number 44 of 241 G6, Attachment 3 1. The planning commission held a public hearing on August 16, 2016. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this conditional use permit revision. NOW, THEREFORE, BE IT RESOLVED that the city council approved 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. Approval is subject to the following conditions: 1. Adherence to the submitted plans dated August 5, 2016. Staff may approve minor changes. 2. The landscape plan shall berevised l showing: a.Size, species, and location of all significant trees on the property; location of trees protected and measures for protection. 3.Outdoor storage and sales are not allowed anywhere on site. Council Packet Page Number 45 of 241 G6, Attachment 3 4.Any rooftop equipment installed on the building must be screened from the residential properties to the south. 5. If parking shortages develop, applicant will be required to install additional parking spaces. 6. 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. 7. The city council shall review this permit in one year. Seconded by Councilmember Juenemann Ayes All The motion passed. Councilmember Xiong moved to approve the plans date-stamped August 5, 2016, for the indoor storage building to be located at the northeast corner of English Street North and Cope Avenue East. Approval is subject to the applicant doing the following: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: a.A revised landscaping plan showing the size, species, and location of all significant trees on the property; location of trees protected and measures for protection. The addition of four tree species to the north elevation to be approved by staff. b.Revised building plans showing additional design elements added to the west and north elevations. The applicant shall add brick to the northwest part of the building. c. A revised photometric plan which meets all city lighting requirements. d.An irrevocable letter of credit or cash escrow for all required landscaping. The amount shall be 150 percent of the cost of the work. The city shall hold this escrow until it has been shown that the landscaping has survived one full growing season. 3. Signage on the property is not part of the design review approval. The applicant shall apply for sign permits to be reviewed by staff. 4. Comply with all requirements of the engineering report dated August 8, 2016. 5. All work shall follow the approved plans and these conditions. Staff may approve minor changes. Council Packet Page Number 46 of 241 G6, Attachment 3 6. The applicant shall present the design of the dumpster enclosure for staff approval and the dumpster shall be constructed of materials and colors to match the indoor storage building. Seconded by Councilmember Juenemann Ayes All The motion passed. Council Packet Page Number 47 of 241 G7 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Chris Swanson, Environmental and City Code Specialist DATE:September 15, 2017 SUBJECT: Approval of a Conditional Use Permit Review for Galilee Lutheran Church Community Garden, 1958 Rice Street Introduction The conditional use permit (CUP) for Galilee Lutheran Church Community Garden, 1958 Rice Street, is due for review.The CUP is for community garden and the use of a legal, non-conforming parking lot in a business commercial zoning district. Background On March 14, 2016, the city council approved a conditional use permit for Galilee Lutheran Church for a Community Garden at 1958 Rice Street. Discussion The Galilee Church has installed garden plots, each 16 by 20 feet, on 2.2 acres of the 13.31 acre site. The request also includes maintaining the 15 stall, gravel parking lot that is currently on the site. The property is owned by St. Paul Regional Water Services. Galilee Lutheran Church is leasing the land until the utility needs the property. Galilee Lutheran Church is occupying the site and is meeting all conditions of approval. The applicant estimates there are 260 plots at the property and that they are all occupied.City staff is not aware of any neighborhood complaints or concerns.Below is a picture of the site. Budget Impacts None Council Packet Page Number 48 of 241 G7 Recommendations Staff recommends approval of the Conditional Use Permit Review for Galilee Lutheran Church Community Garden, 1958 Rice Street and review again only if a problem arises or a major change is proposed. Attachments 1. Location Map 2. Project Site Plan 3. March 14, 2016 CUP Conditions Council Packet Page Number 49 of 241 G7, Attachment 1 1958 Rice Street-CommunityGarden ConditionalUsePermit-OverviewMap Council Packet Page Number 50 of 241 G7, Attachment 2 Council Packet Page Number 51 of 241 G7, Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 14, 2016 City Hall, Council Chambers Meeting No. 05-16 A. NEW BUSINESS 1. Consider Approval of a Resolution Authorizing a Conditional Use Permit, Galilee Lutheran Church Community Garden, 1958 Rice Street Planning Technician Lorenz gave the staff report. Planning Commissioner Kempe addressed the council to give additional information. Applicants Kathy Schneider and Ron Peterson addressed the council to give further information about the community garden. Councilmember Juenemann moved to approve the resolution authorizing a conditional use permit for Galilee Luther Church at 1958 Rice Street. Approval is subject to the following conditions: 1. The proposed use must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 2. The city council shall review this permit in one year. Staff may approve minor changes. 3. any disturbances take place on site. 4. accommodate overflow parking needs for various events. 5. Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated January 15, 2016. 6. constructing a fence that is 7 feet tall or higher along the perimeter of the gardened area. 7. The existing, legal non-conforming parking lot may not be altered or expanded without gaining the required city approvals. Resolution 16-02-1329 CONDITIONAL USE PERMIT WHEREAS, Galilee Lutheran Church, has applied for a conditional use permit for a community garden and use of a legal, non-conforming parking lot in a business commercial (BC) zoning district. WHEREAS, Sections 44-1092 of the city ordinances requires a conditional use permit for a public use in a BC (business commercial) district. Council Packet Page Number 52 of 241 G7, Attachment 3 description is: Subj To Drainage Esmt And Sth 49/126; Ex The N 44 Ft Of S 675 Ft Of W 142 Ft Os Sw 1/4 Of Nw 1/4 And Ex N 158 Ft Of S 631 Ft Of W 152 Ft Of Sw 1/4 Of Nw 1/4 And Ex S 158 Ft Of W 150 Ft Of Sw 1/4 Of Nw 1/4; The S 675 Ft Lying Wly Of Soo Line Ry R/w Of The Sw 1/4 Of Nw 1/4 Sec 18 Tn 29 Rn 22 WHEREAS, the history of this conditional use permit is as follows: 1. On February 23, 2016, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On March 14, 2016, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: Council Packet Page Number 53 of 241 G7, Attachment 3 8. The proposed use must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 9. The city council shall review this permit in one year. Staff may approve minor changes. 10. any disturbances take place on site. 11. accommodate overflow parking needs for various events. 12. Satisfy the requirements set forth in the staff report authored by environmental planner Shann Finwall, dated January 15, 2016. 13. constructing a fence that is 7 feet tall or higher along the perimeter of the gardened area. 14. The existing, legal non-conforming parking lot may not be altered or expanded without gaining the required city approvals. Seconded by Councilmember Smith Ayes All The motion passed. Council Packet Page Number 54 of 241 G8 MEMORANDUM TO: Melinda Coleman,City Manager FROM: Chris Swanson,Environmental and City Code Specialist DATE: September 14, 2017 SUBJECT: Approval of Amendment to Existing Recycling Contract with Tennis Sanitation Setting Terms of Service for the Residential Recycling Contract Extension Introduction originally approved Residential Recycling Contract ends December 31, 2017. Part of that contract was an automatic two year extension if the city chose to go with contractor provided carts in the future. In January of 2014, the city moved to go with contractor provided carts. The current contract has a $2.75 price per unit charge through 2017, but the pricing for the additional two years from the automatic extension is ambiguous. Request Staff is requesting that City Council approve an amendment to the existing contract with Tennis Sanitation clarifying terms of service until December 31, 2019. Background On September 27, 2010: The City Council reviewed the six recycling proposals and directed staff to proceed with contract negotiations with Tennis Sanitation. On September 9, 2013: The City Council reviewed the proposed residential recycling contract. The contract extended recycling services by Tennis Sanitation for two more years (2014/2015). Section 6.4.1 was added to the contract to allow for additional contract extensions if the Contractor supplied recycling carts for the program. On December 9, 2013: The City Council considered three separate motions regarding the recycling contract (continue with current two year contract as written 2014-2015, approve a six year contract with contractor supplied carts, or execute the provisions within the existing contract with Tennis rolling out carts at a rate of $2.50 per household per month for 2014-2015 and $2.75 per household per month for 2016-2017). The City Council ultimately approved the third motion with Tennis supplying recycling carts. On January 24, 2014: City Attorney Kantrud drafted a letter of understanding to Tennis Sanitation which outlined the agreed upon expectations of the new program. On November 3, 2016: In preparation for reviewing contracts for 2017, City Attorney Ron Batty reviewed the contracts and his interpretation is thecontract was originally for two years, ending Dec. 31, 2017.By exercising the option of contractor supplied carts, the existing contract was extended two additional years and would run through Dec. 31, 2019.There was no pricing structure specified for the last two years of this contract. Council Packet Page Number 55 of 241 G8 Discussion: 2017 Negotiations and Other Contract Changes Staff, working with the City Attorney, reviewed the contract and determined the existing agreement with Tennis runs until 2019. When the contract extension was brought to City Council in 2014 the intent was to get a contract signed and explore the possibility to invoke one of the options outlined at the end of the contract. Instead, the city opted to go with the option for contractor supplied carts almost immediately. As it sits, there is ambiguity for the price of recycling for the years 2018 and 2019. The City is currently paying $2.75 per month per household for recycling services. Staff is recommending a 2.0% increase for 2018 which would result in an increase of $.06 cents per month per household or a total of $.72 cents per year per household. Staff is also recommending a 2.0% increase for 2019 resulting in an increase of $.06 cents per month per household. If the contract extension is approved by council, the monthly fee for recycling services in 2018 would be $2.81 and the fee for 2019 would be $2.87 per month per household. No additional changes to the contract are proposed at this time and all other provisions within the contract agreement besides the annual composition study will remain in force until December of 2019. Proposed Cost per Residential Unit for 2018 and 2019 2018: $2.81 per unit per month 2019:$2.87 per unit per month Composition Study Section 24 of the current contract requires that Tennis conducts a Maplewood route specific materials composition analysis once a year. This study measures the following; (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change cent by weight of the Process Residuals collected from the City; and (4) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. To prepare for the composition study Tennis saves a whole week of recycling from Maplewood routes and runs that material through their facility. This gives the city very detailed numbers on or Tennis and we have found the materials breakdown analysis is reflective of the breakdown for their recycling stream as a whole. The city will still receive an annual materials analysis but it will be for the facility and not Maplewood specific. Existing Contract Tennis Sanitation has been a wonderful partner since the start of the contract. They have been very responsive to trying new programs like starting a small business and church recycling program and attending city sponsored events. With the current contract Tennis Sanitation will continue to collect the recycling in the contractor supplied recycling bins from multi-family homes, single-family homes, and churches or businesses that have opted into the citywide program. Council Packet Page Number 56 of 241 G8 Recycling Containers Since recycling containers were rolled out by Tennis in 2014 there has been a 25% increase in tonnage collected in the program and we have seen the participation rates climb to 91% of single family homes in Maplewood. Churches and Small Businesses recycling program. A total of 60,771 pounds of recyclables were collected at these facilities in 2016 and an aggregate weight of 139,668 pounds has been collected since the program started in 2014. This program has been possible through outreach efforts by the City, Tennis, and Waste Wise, a nonprofit affiliate of the Minnesota Chamber of Commerce. Many other cities have looked at Maplewood as an example of good business and church outreach. Budget Impact The increased annual cost of the citywide recycling program will be $11,208 for 2018, and an increase of $11,209 for 2019, for a combined increase of $22,417 over the two years. This will be covered by . Recommendation Approve the attached Amendment to Existing Recycling Contract with Tennis Sanitation Setting Terms of Service for the Residential Recycling Contract Extension (Attachment 1) for two more years (2018 and 2019) beginning January 1, 2018. Attachments 1. Amendment to Existing Recycling Contract with Tennis Sanitation Setting Terms of Service for the Residential Recycling Contract Extension 2. Maplewood Residential Recycling Letter of Understanding (2013) 3. Existing Maplewood Recycling Contract (2013) Council Packet Page Number 57 of 241 G8, Attachment 1 Amendment to Existing Recycling Contract with Tennis Sanitation Setting Terms of Service for the Residential Recycling Contract Extension August 28, 2017 WHEREAS, on September 9, 2013, the City of Maplewood and Tennis Sanitation Contractorexecuted aCity-wide residential recycling collection contract calling for an extension of the existing service ending December 31, 2017; WHEREAS, the Contract to allow for additional contract extensions if the Contractor supplied recycling carts for the program; WHEREAS, on December 9, 2013,The City Council considered three separate motions regarding the recycling contract. The City Council ultimately approved the third motion with Tennis supplying recycling carts at a rate of $2.50 per household per month for 2014-2015 and $2.75 per household per month for 2016-2017; WHEREAS, the Contract has an automatic contract extensions if the Contractor supplied recycling carts for the program; WHEREAS, by exercising the option of contractor supplied carts the existing contract was extended two additional years and would run through December 31, 2019͵ There isno pricing structure specified for the last two years of this contract; WHEREAS, the Parties desire to sign an amendment setting forth the terms of the remaining service (2018-2019) as they relate to the specifics of the Contract as referenced herein: 1. Rate Price Adjustments a. Adjustments: The January 1,2018 toJanuary 1, 2019 price adjustments are based on the following: A 2.0% increase per residential unit collection cost for 2018and 2019. 2018: $2.81 per unit per month 2019: $2.87 per unit per month 2.Composition Study: Tennis will no longer be required to do a Maplewood specific composition study. Tennis will still be required to provide an annual materials analysis but it will be for the facilities recycling stream as a whole. 1 Council Packet Page Number 58 of 241 G8, Attachment 1 NOW, THEREFORE, it is hereby agreed by and between the City of Maplewood and Tennis Sanitation as follows: 1. Rate Price Adjustments Per residential unit collection price increases take place January 1 of each year. The increase will be a 2.0% increase per residential unit collection cost for 2018 and 2019. 2.Composition Study: Tennis will no longer be required to do a Maplewood specific composition study. Tennis will still be required to provide an annual materials analysis but the study be for the MRF as a whole WE, THE UNDERSIGNED, HAVE READ AND AGREE WITH THEAMENDMENT TO THE EXISTING RECYCLING CONTRACT. It is hereby acknowledged that the terms provided for herein shall be considered a part of the Contract as signed by the parties previously and shall be binding under the same terms and conditions as the requirement and duties are in the underlying contract and shall be extended or terminated as per the requirements therein. City of Maplewood: By_____________________________ Date:_______________________________ City Manager By_____________________________ Date:_______________________________ Chief Operating Officer By_____________________________ Date:_______________________________ Mayor By_____________________________ Date:_______________________________ City Attorney Tennis Sanitation, LLC: By_____________________________ Date:_______________________________ Area President 2 Council Packet Page Number 59 of 241 G8, Attachment 2 Council Packet Page Number 60 of 241 G8, Attachment 2 Council Packet Page Number 61 of 241 G8, Attachment 2 Council Packet Page Number 62 of 241 G8, Attachment 3 Council Packet Page Number 63 of 241 G8, Attachment 3 Council Packet Page Number 64 of 241 G8, Attachment 3 Council Packet Page Number 65 of 241 G8, Attachment 3 Council Packet Page Number 66 of 241 G8, Attachment 3 Council Packet Page Number 67 of 241 G8, Attachment 3 Council Packet Page Number 68 of 241 G8, Attachment 3 Council Packet Page Number 69 of 241 G8, Attachment 3 Council Packet Page Number 70 of 241 G8, Attachment 3 Council Packet Page Number 71 of 241 G8, Attachment 3 Council Packet Page Number 72 of 241 G8, Attachment 3 Council Packet Page Number 73 of 241 G8, Attachment 3 Council Packet Page Number 74 of 241 G8, Attachment 3 Council Packet Page Number 75 of 241 G8, Attachment 3 Council Packet Page Number 76 of 241 G8, Attachment 3 Council Packet Page Number 77 of 241 G8, Attachment 3 Council Packet Page Number 78 of 241 G8, Attachment 3 Council Packet Page Number 79 of 241 G8, Attachment 3 Council Packet Page Number 80 of 241 G8, Attachment 3 Council Packet Page Number 81 of 241 G8, Attachment 3 Council Packet Page Number 82 of 241 G8, Attachment 3 Council Packet Page Number 83 of 241 G8, Attachment 3 Council Packet Page Number 84 of 241 G8, Attachment 3 Council Packet Page Number 85 of 241 G8, Attachment 3 Council Packet Page Number 86 of 241 G8, Attachment 3 Council Packet Page Number 87 of 241 G8, Attachment 3 Council Packet Page Number 88 of 241 G8, Attachment 3 Council Packet Page Number 89 of 241 G9 MEMORANDUM TO: Melinda Coleman,City Manager FROM: Chris Swanson,Environmental and City Code Specialist DATE: September 8, 2017 SUBJECT: Approval ofAmendment Extending the Existing Residential Trash Contract with Republic Services and Setting Terms of Service for the Contract Extension Introduction On December 14, 2011, the City of Maplewood and Allied Waste Services (DBA Republic Services) executed a Contract for City-Wide Residential Trash Collection. Service under the Contract began October 1, 2012. Request Staff recommends the City Council approve the Amendment Extending the Existing Residential Trash Contract and Setting Terms of Service in order to extend the contract for two more years based on Section 4 of the existing contract. Background On March 28, 2011: The City Council adopted a Resolution of Intent to Organize Trash Collection. The adoption of the resolution was required by Minnesota Statutes, Section 115A.94, Subdivision 4 to begin the planning process for organized trash collection. On November 28, 2011: The City authorized the execution of a contract with Republic Services for city wide residential trash collection. On September 10, 2012: The City approved a Memorandum of Understanding (MOU) with Republic Services setting terms of service to be provided through the residential trash system. Discussion: Republic services has provided contracted trash hauling for all single family residential properties (up to 4 units) in Maplewood since October, 2012. Republic has provided good service at a reasonable price for Maplewood residents during that time.The service is the cheapest in the area. In addition to the cost saving on the residential bills, Republic has been a , city staff is recommending the city and Republic enter into an agreement to exercise the option in the existing contract to extend services for two additional years.Section 4 of the existing contract reads: Council Packet Page Number 90 of 241 G9 must be retained in place for such extensions. Minor amendments may be negotiated between both parties. The Contractor shall not consider the right of the City to extend the initial five (5) year term with up to two (2), one (1) year extensions to constitute or imply any obligation by City to renew the Contract. Nothing in this Contract shall be interpreted or 2017 Negotiations and Other Contract Changes In early 2017 city staff started negotiations with representatives from Republic to reach a mutual agreement for extending the contract. All other parts of the contract shall remain in effect. The following are the proposed rates for extending the contract through December 31, 2019. Proposed Rate Adjustment for 2018 and 2019 The Contract states that the trash hauling prices can be adjusted annually based on the CPI, fuel index, and tipping fee. The City and the Contractor have agreed that the price adjustments will be based on an agreed upon flat price increase, a pass-through for the trash disposal fee increase, and that moving forward, the price increases will take place on January 1 of each year. The January 1, 2018 to January 1, 2019 price adjustments are based on the following: Base Collection Fee (BCF) - The BCF will go up 3% per year of the contract. The trash disposal fee will be adjusted annually to reflect changes in actual tipping fees (fee charged to process trash at the Recycling and Energy Center \[REC).Trash haulers are notified of the tipping fees in mid-December. The 2017 tipping fee is $58 a ton. An additional $.06 per month will be placed on each account for the first year (2018) of the contract. This charge offsets a small disposal fee increase in 2017, will be separate from BCF, and will be removed in 2019. Following is a breakdown with the estimated rate price adjustments for the contract extension. These prices are just an estimate as the cost for disposal is set annually in the fall by the REC and is independent of Republic. With the recent purchase of the REC facility by the Solid Waste Management Coordinating boards there is an assumption that the price for disposal will go up in coming years. The Estimated Monthly Bill table below shows a 12% disposal rate increase for 2018 and a 6% disposal increase for 2019. Ramsey County has not released their disposal rates for 2018 yet but, based on discussions, this is the high end of what the rate increase may be. Estimated Monthly Bill SizeCurrent BillMonthly Bill 2018Monthly Bill 2019 20 EOW$6.61$7.01$7.15 20$8.99$9.54$9.78 32$10.32$11.03$11.36 65$11.61$12.50$12.92 95$13.07$14.14$14.66 Council Packet Page Number 91 of 241 G9 Staf be between $6.48 (smallest cart), to $19.08 (largest cart). Estimated Annual Increase Per Account Cart Size2017 Annual20182019Total Increase 20 EOW$79.32$4.80$1.68$6.48 20$107.88$6.60$2.88$9.48 32$123.84$8.52$3.96$12.48 65$139.32$10.68$5.04$15.72 95$156.84$12.84$6.24$19.08 Even with the proposed increase for 2018-2019, the city of Maplewood residents still have the best price for trash service in the area. Below is a table with a price comparison for similar cities. Similar Cities Pricing Service City32 Gallon 65 Gallon90 Gallon Maplewood *2018 Rates $11.03$12.50$14.14 North Saint Paul$12.94$14.23$16.66 Little Canada$18.14$20.82$23.96 St. Anthony Village$17.37$20.06$23.23 White Bear Township$21.87$24.55$27.16 *Estimated Maplewood 2018 rates. Budget Impact There will be no budget impact to the city as residents are billed directly by Republic for their trash service. Recommendation Staff recommends approval of the Amendment to Contract Agreement between the City of Maplewood and Republic Services for Residential Trash Collection Services (Attachment 1) extending the existing residential trash contract with Republic Services and setting terms of service for the contract extension. Attachment 1. Amendment to Contract Agreement between the City of Maplewood and Republic Services for Residential Trash Collection Services 2. Memorandum of Understanding (MOU) with Republic Services setting terms of service to be provided through the residential trash system (2012) 3. Existing Maplewood Residential Trash Contract (2011) Council Packet Page Number 92 of 241 G9, Attachment 1 AMENDMENT TO CONTRACTAGREEMENT BETWEEN THE CITY OF MAPLEWOOD ANDALLIED WASTE SERVICES DBA REPUBLIC SERVICES FOR RESIDENTIAL TRASH COLLECTION SERVICES and between the CAllied Waste Services of North America, LLC dba Republic Services of the Twin Cities WHEREAS, the City and the Contractor executed acontract for City-wide residential trash collection, which became effective on October 1, 2012 (; WHEREAS, the initial term of the Contract is through December 31, 2017 with the right of the City to extend the Contract up to an additional two years without modification of the basic elements and terms thereof; and WHEREAS, the City wishes to extend the Contract through December 31, 2019 and provide for the price increases which will apply in 2018 and 2019. NOW, THEREFORE, it is hereby agreed by and between the City and the Contractor as follows: 1.Extension. The Contract is extended through December 31, 2019. 2.Pricing. A.From January 1, 2018 through December 31, 2018, trash collection rates shall be adjusted as follows: Base Collection Fee (BCF) The BCF will go up 3% per year of the Contract. The base collection fee includes the $0.75 cart fee. The 2017 BaseCollection Fees are as follows. 20-gallonEvery Other Week (EOW)$. 20-gallon Weekly$4. 32-gallon weekly$4. 65-gallon weekly$4. 95-gallon weekly$4. The trash disposal fee will be adjusted annually to reflect changes in actual tipping fees (fee charged to process trash at the Recycling and Energy Center \[REC\], formerly the Resource Recovery Technology \[RRT\] Facility in Newport). Trash haulers are notified of the tipping fees in mid-December. The 2017 tipping fee is $70 per ton minus a $12 County rebate to the hauler, equaling $58 a ton. The cost for trash disposal fees are as follows. 20-gallonEOW$1.08 20-gallon weekly$1.62 32-gallon weekly$2.58 65-gallon weekly$3.52 95-gallon weekly$4.58 Council Packet Page Number 93 of 241 G9, Attachment 1 An additional $.06 per month will be placed on each account for the first year (2018) of the Contract. That charge will be separate from BCF and will be removed in 2019. B.From January 1, 2019 through December 31, 2019, trash collection rates shall increase as follows: The BCF will increase another 3 percent over the 2018 rates. The tipping fee will be adjusted to reflect the actual 2019 tipping fee at the REC facility. The $.06 per month added in 2018 shall be removed for 2019. 3. Insurance. Section 75 of the Contract, Insurance, is revised as follows: A-VIII (or higher) by A.M. Best. Contractor shall provide evidence of pollution legal liability coverage with limits of not less than $5,000,000 per incident, under a separate, stand-alone policy. 4. Except as specifically noted in this Amendment, the terms and conditions of the Contract shall remain in full force and effect. 5. This Amendment may be executed in any number of counterparts, each of which shall constitute one and the same instrument. This Amendment may be modified only in writing signed by the parties. In Witness Whereof, the parties have executed this Amendment as of the date first written above. CITY OF MAPLEWOOD By_____________________________ Date: _______________________________ Nora Slawik, Mayor By_____________________________ Date: _______________________________ Melinda Coleman, City Manager ALLIED WASTE SERVICES OF NORTH AMERICA, LLC DBA REPUBLIC SERVICES By_____________________________ Date: _______________________________ Area President Council Packet Page Number 94 of 241 G9,Attachment 2 Memorandum of Understanding Between the City of Maplewood and Allied Waste Services September 10, 2012 WHEREAS, on December 14, 2011, the City of Maplewood and Allied Waste Services (hereinafter the “Parties”) executed a City-wide residential trash collection contract (hereinafter the “Contract”) calling for the new service to begin October 1, 2012 with Contract term ending December 31, 2017; WHEREAS, the Parties desire to enter into a Memorandum of Understanding setting forth the terms of the services to be provided as they relate to the specifics of the Contract as referenced herein: 1. Truck Weights November 28, 2011, the City Council authorized final negotiations and execution of a Contract between the City of Maplewood and Allied Waste Services for City-Wide Residential Trash Collection. City staff drafted the Contract using the City’s existing Recycling Contract as a framework. December 14, 2011, the City of Maplewood and Allied Waste Services executed the Contract. The Contract includes the City’s July 12, 2011, Request for Proposal (RFP) and Allied’s August 19, 2011, proposal. February 2012 Allied Waste Services notified the City of Maplewood that the original truck language from the RFP had been modified in the Contract at Section 23 (Vehicle Requirements) to read in part that “all collection vehicles used in the Contract shall have a maximum loaded weight not to exceed 40,000 pounds.” This language is contradictory to the RFP language at Section 3.4 (Collection Vehicle Equipment Requirements) which states in part “all collection vehicles used in performance of the Contract shall be equipped and operated not to exceed maximum load weight limits per Minnesota statutes (including, but not limited to, M.S. 169.824 and M.S. 169.87), state rules, and City road weight restrictions.” 2. Cart Distribution and Management Plan December 14, 2011, the City of Maplewood and Allied Waste Services executed the Contract for residential trash collection. Contract language states that the Contractor shall develop a cart distribution and management plan in coordination with the City. The cart distribution and management plan includes a plan for receipt, assembly, distribution, storage, maintenance, and replacement of carts. August 9, 2012, the City of Maplewood and Allied Waste Services finalized the cart distribution and management plan. 1 Council Packet Page Number 95 of 241 G9,Attachment 2 NOW, THEREFORE, it is hereby agreed by and between the City of Maplewood and Allied Waste Services as follows: 1. Truck Weights The December 14, 2011, Contract between the City of Maplewood and Allied Waste Services at Section 23 (Vehicle Requirements) is hereby amended to strike the language which requires the Contractor’s vehicles to have a maximum loaded weight not to exceed 40,000 pounds. Allied Waste Services’ vehicles used in performance of the Contract shall be equipped and operated not to exceed maximum load weight limits per Minnesota statutes (including, but not limited to, M.S. 169.824 and M.S. 169.87), state rules, and City road weight restrictions. 2. Cart Distribution and Management Plan The August 9, 2012, City of Maplewood Cart Distribution and Management Plan is hereby adopted as part of the December 14, 2011, Contract between the City of Maplewood and Allied Waste Services for Residential Trash Collection Services. The changes described above are to remain in effect and in force during the life of the underlying Contract as referenced above or until such time as this Memorandum of Understanding is superseded. 2 Council Packet Page Number 96 of 241 G9,Attachment 2 WE, THE UNDERSIGNED, HAVE READ AND AGREE WITH THIS MEMORANDUM OF UNDERSTANDING. It is hereby acknowledged that the terms provided for herein shall be considered a part of the Contract as signed by the parties previously and shall be binding under the same terms and conditions as the requirement and duties are in the underlying contract and shall be extended or terminated as per the requirements therein. City of Maplewood: By_____________________________ Date:_______________________________ City Manager By_____________________________ Date:_______________________________ Chief Operating Officer By_____________________________ Date:_______________________________ Mayor By_____________________________ Date:_______________________________ City Attorney Contractor: By_____________________________ Date:_______________________________ Area President 3 Council Packet Page Number 97 of 241 G9, Attachment 3 SERVICE AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND ALLIED WASTE SERVICES OF NORTH AMERICA, LLC (d/b/a Allied Waste Services of the Twin Cities, A Republic Services Company) FOR COMPREHENSIVE RESIDENTIAL TRASH COLLECTION SERVICES * (*INCLUDING YARD WASTE AND BULKY WASTE COLLECTION SERVICES) Council Packet Page Number 98 of 241 G9, Attachment 3 Table of Contents INTRODUCTION ................................................................................................................. 5 1.Definitions .................................................................................................................... 6 GENERAL REQUIREMENTS FOR ALL COLLECTIONS ................................................. 11 2.Eligible Household Count ........................................................................................... 11 3.Term of Contract........................................................................................................ 11 4.One-Year Extension Options ..................................................................................... 11 5.Competitive Purchase of Services after this Contract ................................................ 11 6.This Contract Takes Precedent Over RFP and Contractor’s Proposal ...................... 12 7.Monthly and Annual Reports ...................................................................................... 12 8.Five Year Implementation Plan .................................................................................. 13 9.Annual Work Plan ...................................................................................................... 13 10.Annual Performance Review ..................................................................................... 13 11.Public Education Information for Eligible Households ................................................ 14 12.City Shall Approve All Contractor Public Education Tools ......................................... 14 13.Missed Collections ..................................................................................................... 14 14.Post-Pone Trash Collection ....................................................................................... 15 15.Collection Hours and Days ........................................................................................ 15 16.Customer Complaints ................................................................................................ 15 17.Weighing of Loads ..................................................................................................... 16 18.Scavenging Prohibited ............................................................................................... 16 19.Cleanup of Spillage or Blowing Litter ......................................................................... 16 20.Disposal and Recovery at Licensed and Permitted Facilities Only ............................ 16 21.Designated Disposal Facilities for Trash.................................................................... 16 22.Recovery or Disposal of Yard Waste and Bulky Items ............................................... 17 23.Vehicle Requirements ................................................................................................ 17 24.Vehicle Inspections .................................................................................................... 17 25.Personnel Requirements ........................................................................................... 18 26.Litter Pickup ............................................................................................................... 18 27.Truck Fluid Leaks or Spills ......................................................................................... 18 28.Safety ......................................................................................................................... 18 29.Truck and Driver Licenses and Permits ..................................................................... 19 30.Performance Monitoring ............................................................................................. 19 31.Liquidated Damages .................................................................................................. 19 2 Council Packet Page Number 99 of 241 G9, Attachment 3 32.Accommodations for Road and Other Construction Projects ..................................... 19 TRASH COLLECTION REQUIREMENTS ......................................................................... 20 33.Trash Carts ................................................................................................................ 20 34.Cart Purchasing Plan ................................................................................................. 20 35.Resident Survey to Determine Cart Size Selection .................................................... 20 36.Cart Distribution and Management Plan .................................................................... 20 37.Same Day Collections with Recycling Service Areas ................................................. 20 38.Point of Collection ...................................................................................................... 21 39.Collection Schedule Deadline .................................................................................... 21 40.Trucks Shall Be Equipped with Automatic Lifters ....................................................... 21 41.Trucks Shall Be Equipped with Wind Screens ........................................................... 21 42.Trucks Shall Be Equipped with RFID Data Management Systems ............................ 21 43.Trucks Shall Be Equipped with Automatic Overload Prevention Devices ................. 22 44.Procedure for Handling Prohibited Materials ............................................................. 22 YARD WASTE COLLECTION REQUIREMENTS ............................................................. 22 45.Voluntary Yard Waste Subscription Service .............................................................. 22 46.Yard Waste Cart Requirements ................................................................................. 22 47.Compostable Yard Waste Bags Required for Overflow ............................................. 23 48.Base Yard Waste Service Level and Allowed Overflow Amounts .............................. 23 49.Scheduled Months for Yard Waste Collection Service ............................................... 23 50.Contractor Education Tag Required if Yard Waste Collection Service is Refused ..... 23 51.Delivery to Permitted Yard Waste Facilities ............................................................... 23 52.Yard Waste Education ............................................................................................... 23 BULKY ITEM COLLECTION REQUIREMENTS ................................................................ 23 53.Special Bulky Items Collection ................................................................................... 23 54.Special Electronic Waste Collections ......................................................................... 23 OTHER COLLECTION SERVICE REQUIREMENTS ........................................................ 23 55.Separate Christmas Tree Collection Service ............................................................. 23 56.Food Waste and Other Organic Waste ...................................................................... 23 BILLING FOR SERVICES ................................................................................................. 24 57.Base Collection Fee (BCF) for Trash ......................................................................... 24 58.Additional Trash Cart Price ........................................................................................ 24 59.Additional Overflow Trash Bag Price......................................................................... 24 60.Portion of BCF related to fuel vs. non-fuel costs ........................................................ 24 3 Council Packet Page Number 100 of 241 G9, Attachment 3 61.CPI Price Adjustment on the Non-Fuel Portion of the BCF ........................................ 24 62.Fuel Adjustment on the Fuel Portion of the BCF ........................................................ 24 63.Trash Disposal Fees .................................................................................................. 25 64.Trash Disposal Fee Adjustments ............................................................................... 25 65.Trash Cart Exchange/Replacement Delivery Fee ...................................................... 25 66.Yard Waste Removal Fee .......................................................................................... 25 67.Yard Waste Disposal Tipping Fee .............................................................................. 26 68.Yard Waste Disposal Tipping Fee Adjustment ........................................................... 26 69.BYWCF Annual Adjustment ....................................................................................... 26 70.Yard Waste Overflow Fee .......................................................................................... 26 71.Special Bulky Items Fee ............................................................................................ 26 72.Electronic Waste Fee ................................................................................................. 26 73.Other Bulky Items Fee ............................................................................................... 27 74.Credits for Extended Vacations.................................................................................. 28 INSURANCE AND OTHER LEGAL REQUIREMENTS ..................................................... 28 75.Insurance ................................................................................................................... 28 76.Transfer of Interest ..................................................................................................... 28 77.Non-Assignment and Bankruptcy ............................................................................... 29 78.Dispute Resolution and Arbitration Procedures ......................................................... 29 79.PerformanceBond ..................................................................................................... 29 80.General Compliance .................................................................................................. 29 81.Independent Contractor ............................................................................................. 29 82.Hold Harmless ........................................................................................................... 30 83.Accounting Standards ................................................................................................ 30 84.Retention of Records ................................................................................................. 30 85.Data Practices ............................................................................................................ 30 86.Inspection of Records ................................................................................................ 30 87.Applicable Law ........................................................................................................... 30 88.Contract Termination ................................................................................................. 31 89.Employee Working Conditions and Contractor’s Safety Procedures ......................... 31 90.Contract Amendments............................................................................................... 31 4 Council Packet Page Number 101 of 241 G9, Attachment 3 INTRODUCTION This Agreement is made this 14th day of December, 2011, between the City of Maplewood, 1830 East County Road B, Maplewood, Minnesota 55109 (the “City”) and Allied Waste Services of North America, LLC, A Republic Services Company, d/b/a Allied Waste Services of the Twin Cities (the “Contractor”). WITNESSETH: WHEREAS, the City supports a comprehensive residential trash collection program and desires that high-quality, cost-effective, trash collection services be available to all its residents with transparent pricing and minimum City administration; WHEREAS, on July 12, 2011 the City released a request for proposals (“RFP”) for comprehensive trash collection services (incorporated herein to this Contract by reference); WHEREAS, on August 2, 2011 the City released Addendum #1 (“Addendum”) to the RFP (incorporated herein to this Contract by reference); WHEREAS, on August 19, 2011 the Contractor submitted a proposal (“Proposal”) to the City in response to the RFP (incorporated herein to this Contract by reference); and WHEREAS, on August 30, 2011 the Contractor submitted responses to the City’s questions about the Contractor’s proposal (incorporated herein to this Contract by reference); and WHEREAS, on October 10, 2011 the City Council authorized staff to begin negotiations with the Contractor to develop a draft Contract; and WHEREAS, on November 28, 2011 the City Council authorized execution of the Contract. NOW, THEREFORE, the City and Contractor mutually agree to this Contract, in consideration of the mutual promises and covenants contained herein. 5 Council Packet Page Number 102 of 241 G9, Attachment 3 1.Definitions Definitions for this Contract shall be as per the RFP except as per the corrections/additions below. 1.1Additional Overflow Trash Bag Trash bags in excess of the capacity of the trash cart with lid fully closed incurring an additional overflow trash collection fee. 1.2Annual Trash Public Education Flyer The City shall require the Contractor to publish and distribute an annual public education flyer to all eligible households.The Contractor’s flyer shall contain the following information for City residents (but not limited to): General information about all trash collection services, including special collections of the other materials such as yard waste, bulky materials, etc. Annual calendar and map of trash service areas for eligible Single-Family Dwellings (SFD’s) Specific instructions about how to use and care for the new City trash cart (e.g., set out, washing, etc.) Yard waste Bulky materials, including major appliances and electronic waste Organic waste collection service (once this program is citywide) List of prohibited materials for each of the above categories of materials 1.3Automated Collection As per the RFP. 1.4Base Collection Fee (BCF) Base collection price per this Contract for trash collection service. This BCF does not include: disposal fees; prices or costs of other services (e.g., yard waste, bulky items, etc.); taxes; or other government administrative fees. 1.5Base Yard Waste Collection Fee (BYWCF) Base collection price calculated per this Contract for yard waste collection service. This BYWCF does not include disposal fees. 1.6Bulky Items As per the RFP amended also by the Contractor’s response to City questions to include a detailed price list of bulky items (see Sections 71, 71 and 73 of this Contract for detailed listing of bulky items). 1.7Special Processing Large, bulky household items that require special processing to remove harmful substances, such as Freon or mercury, and may include (but are not limited to) items 6 Council Packet Page Number 103 of 241 G9, Attachment 3 such as refrigerators, freezers, air conditioners, dehumidifiers, electronic waste, or thermostats. 1.8City’s Designated Contact Persons The City has designated the City’s Environmental Planner as the City’s primary point of contact for the Contractor. If the Environmental Planner is not available, and the matter is urgent, the Contractor may also contact the Community Development Director as the alternate contact person. 1.9Collection As per the RFP. 1.10Collection Service As per the RFP. 1.11Contract This legal agreement executed between the City and the Contractor. The Contract shall include, but not be limited to, the RFP document, RFP Addendum, the Contractor’s proposal in response to the RFP, and the Contractor’s response to City questions. These additional documents are incorporated herein to this Contract by reference. If in conflict, this Contract shall take precedence. 1.12Contractor The City’s trash service Contractor under this Contract. 1.13Contractor’s Trash Bill As per the RFP. 1.14Day-Certain Trash Collection As per the RFP. 1.15Disposal Facility The licensed and permitted landfill, resource recovery facility, or transfer station where the trash is tipped for disposal. 1.16Electronic Waste As per the RFP. 1.17Eligible Households Households eligible for this comprehensive trash collection service program. Most of these households will be in single family dwelling units. 1.18Every Other Week Trash Collection (EOW) Residents who apply and receive City permission for every other week (EOW) trash collection service shall be collected on the same day of the week as per the day- certain schedule but on specified EOW dates. 7 Council Packet Page Number 104 of 241 G9, Attachment 3 1.19Food Waste (See also: “Organic Waste”) As per the RFP. 1.20Hazardous/Toxic Waste As per the RFP. 1.21Holidays Holidays refers to any of the following: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and any other holidays mutually agreed upon by the City and the Contractor. In no instance will there be more than one holiday during a Collection week. When the scheduled Collection day falls on a holiday collection for that day will be collected one day later. The Contractor shall publish the yearly calendar including alternate Collection days, with assistance from the City. 1.22Holiday weeks A week where a holiday falls on a Monday through Friday and requires the Contractor to collect trash on a Saturday, of which Saturday will be agreed upon by the City. 1.23Litter Wind Screens As per the RFP. 1.24Major Appliances As per the RFP. 1.25Multi-Family Dwelling (MFD) Units A building containing five (5) or more residential dwelling units that are not eligible for the proposed residential trash collection service in this RFP because it is defined as serviced by “commercial” trash hauling service. 1.26Organic Waste (See also “Food Waste”) As per the RFP. 1.27Other Bulky Items (Not Requiring Special Processing) As per the RFP. 1.28Pay As You Throw (PAYT) Program A system of setting variable prices for the levels of trash collection service (e.g., 30- gallon carts vs. 60-gallon vs. 90-gallon) to provide an economic incentive for residents to improve recycling and waste reduction efforts. PAYT price schedules intentionally increase the price increments between the levels to promote downsizing of cart sizes as ordered by the residents. 8 Council Packet Page Number 105 of 241 G9, Attachment 3 1.29Prohibited Mailings Notices sent to residential dwelling units within the City of Maplewood such as for advertising rates or services not available under the proposed Contract. Also includes other notices sent to residential dwelling units without prior City written approval. 1.30Prohibited Waste Waste materials that are prohibited from disposal in with mixed trash or that may be hazardous, toxic, radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, or listed or characterized as Hazardous Waste as defined by Federal, State, County, or local law or any otherwise regulated waste, or otherwise harmful to the environment, collection crew safety, or resource recovery system. 1.31Rates City-approved rates as per the specifications in this Contract for various trash and other collection services as charged by the Contractor directly to residents. 1.32Recycling Contractor The City’s contractor retained to provide separate curbside collection of recyclables. 1.33Regular, Residential Trash Collection Service As per the RFP. 1.34Residential Dwelling Unit As per the RFP. 1.35Resource Recovery Facility As per the RFP. 1.36RFID (Radio Frequency Identification) As per the RFP. 1.37Semi-Automated Collection As per the RFP. 1.38Service Areas (See also “Districts”) Geographic districts of the City with specified day-certain schedule for recycling and trash collection services. (See RFP Attachment A for geographic boundaries.) 1.39Single-Family Dwelling (SFD) Units A building containing up to four (4) residential dwelling units that is eligible for the proposed trash collection service in this Contract. 1.40Special Bulky Items Collection Service As per the RFP. 9 Council Packet Page Number 106 of 241 G9, Attachment 3 1.41Tipping Fees As per the RFP. 1.42Townhome As per the RFP. 1.43Trash As per the RFP. 1.44Trash Cans Metal or plastic cans purchased by or for residents to contain and store regular trash waiting for collection. Such trash cans are not permitted under this Contract for eligible households. 1.45Trash Carts Standardized trash carts equipped with wheels and a lid as specified and purchased by the City in the following standardized sizes (approximate/nominal capacities): 20-effective gallons* 30-gallon 60-gallon 90-gallon Actual trash cart capacities by cart size will depend on the cart manufacturer selected by the City through a separate procurement process. *The City intends to provide a “20-gallon service level” as per the RFP and the Contractor’s proposal. However, current plans call for this service level to be accommodated by using a 30-gallon trash cart with a false bottom installed such that the effective capacity for use by the resident is 20-gallons. 1.46Volume Based Fee Schedule As per the RFP. 1.47Walk-In Collection Service Special collection of trash from the side of the house or garage. For these stops, the Contractor actually walks the cart down to the curb, empties the cart and walks it back to its original location. 1.48Yard Waste As per the RFP. 1.49Yard Waste Removal Fee The Contractor’s price for yard waste removal on a basis of dollar per household per year for a standard 60-gallon yard waste cart collected once per week during the specified season. This fee includes both the Contractor’s costs of collection operations and yard waste disposal tipping fees paid by the Contractor at the specified yard waste transfer station. 10 Council Packet Page Number 107 of 241 G9, Attachment 3 GENERAL REQUIREMENTS FOR ALL COLLECTIONS The following general requirements are pertinent to all collections services: trash, yard waste, and bulky waste Collection service frequencies, levels and other factors unique to each type of service are described within specific Sections in this Contract. 2.Eligible Household Count The total, approximate number of Single Family Dwellings (SFD’s) eligible for this service is 10,126 (as of August 2011). The City will develop a plan to transmit a report with the SFD addresses of these eligible services to the Contractor. The Contractor shall verify this SFD count of eligible households and submit a report back to City. Excluded from this eligible SFD count are approximately 1,808 (as of August 2011) Mulit- Family Dwellings (MFD’s) in the form of townhomes, manufactured homes and other planned unit developments that currently have a trash collection contract. These dwellings are defined as not currently eligible for this Contract service. However, these developments with homeowners’ associations may opt into the City’s Contract at a later point in time under a procedure to be established by the City. Each year, as a part of the annual report and work plan (see Section 9 of this Contract), the City and the Contractor shall reconcile the changes to these household counts and agree on the new number. The City may use City construction permits, utility bills, and property tax identification numbers to monitor changes to the household counts. The Contractor may use its customer data base, billing records, and route data from their drivers to monitor changes to the household counts. 3.Term of Contract The term of the Contract shall be from date of execution through December 31, 2017. Actual collection service operations will be a period from October 1, 2012 through December 31, 2017 for a total of five (5) years and three (3) months. The City may consider up to two (2), one (1) year extensions for years 2018 and 2019, if mutually agreed to by the City and the Contractor. 4.One-Year Extension Options Any one (1) year extension will be subject to the City’s sole determination of the service and of the City residents’ best interests. The basic elements and terms of this Contract must be retained in place for such extensions. Minor amendments may be negotiated between both parties. The Contractor shall not consider the right of the City to extend the initial five (5) year term with up to two (2), one (1) year extensions to constitute or imply any obligation by City to renew the Contract. Nothing in this Contract shall be interpreted or implied to mean that the City will extend or negotiate beyond 2019. 5.Competitive Purchase of Services after this Contract The City shall use a competitive purchasing process to select a Contractor after the term of this Contract expires. Nothing in this Contract shall be interpreted or implied to mean that the City will negotiate beyond the term of this Contract as specified per Sections 3 and 4 above. 11 Council Packet Page Number 108 of 241 G9, Attachment 3 6.This Contract Takes Precedent Over RFP and Contractor’s Proposal The contents of the City’s Request for Proposal (RFP) for Trash Services (dated July 12, 2011), the Contractor’s proposal (dated August 19, 2011), and the Contractor’s responses to City questions (dated August 30, 2011) are part of the contractual obligations and are incorporated by reference into this Contract. If any provision of this Contract is in conflict with the referenced RFP, Contractor proposal, Contractor response, or other documents, this Contract shall take precedent. 7.Monthly and Annual Reports The Contractor will submit to the City monthly and annual reports. At a minimum, the Contractor shall include the following information in the monthly reports: Trash cart size / collection service level, including weekly vs. every other week (EOW) Total quantities of trash collected (in tons) Total quantities of yard waste collect (in tons) Total quantities of bulky waste collected (in tons) Revisions to any counts of eligible households served Number of trash cart switches, repairs and replacements Service Log of all resident addresses where education tags were left because of prohibited materials set out for trash collection or other forms of non-compliance. Log of all complaints, including the nature of the complaints, to include the following: names, addresses, and contact numbers of the complainants; the date and time received; the Contractor’s response; and the date and time of the response. Safety and accident reports At a minimum, the Contractor shall include the following information in the annual reports: Same information as per the monthly reports above rolled-up into an annual summary total for the year Total number of households served by: o SFD’s served o Dwellings within homeowners’ associations (e.g., townhomes, manufactured home, or other planned unit developments) o Route by day o Residents with walk-in service th Monthly reports shall be due to the City by the fifteenth (15) day of each month. Annual reports shall be due by January 31 of each year. The Contractor and City shall agree on mutually acceptable data report formats (e.g., Microsoft Word and/or Excel spreadsheet documents). The Contractor will be encouraged to include in its annual report recommendations for continuous improvement in the City’s trash program (e.g., public education, multiple family trash, etc.). 12 Council Packet Page Number 109 of 241 G9, Attachment 3 8.Five Year Implementation Plan The City and the Contractor shall develop an overall implementation plan that identifies all tasks and assignments for the transition to the new Contract system. This implementation plan shall include all future major activities, including (but not limited to): City purchase of trash carts and role of the Contractor Survey of residents to determine their preference for size of trash cart Contractor purchase of new trucks. Use of comparable trucks is allowed in the event of needed truck repairs to new trucks purchased for this Contract. RFID system installation, testing and citywide rollout Truck scale automatic overload prevention system as part of a larger program to reduce truck impacts on City and County roads Possible organic waste collections A possible more aggressive PAYT program Improvements in routing (including possible changes in the day certain schedule and service areas) 9.Annual Work Plan The Contractor shall submit an annual work plan proposal no later than November 1 for the upcoming calendar year to outline key priorities for system improvements. One item in the annual work plan is to itemize any proposed amendments to the “five–year” implementation schedule as outlined in Section 8 above. Public education tools shall be itemized and approximate timelines described. Other service improvements may also be included in the work plan. The City shall review and approve the work plan by no later than December 15 each year. The annual work plan shall be incorporated by reference as an amendment to this contract. 10. Annual Performance Review Upon receipt of the Contractor’s annual report, the City shall schedule an annual meeting with the Contractor and the City’s Environmental and Natural Resources (ENR) Commission. Once concluded, the report from the ENR Commission shall be presented to the City Council, and a meeting will be held between the Council and Contractor to review the performance of the Contractor.The objectives of this annual meeting will include, but not be limited to: Review Contractor’s annual report. Review Contractor’s performance based on feedback from residents to the ENR Commission, City Council, and City staff. Review Contractor’s recommendations for improvement in the City’s comprehensive trash collection program, including enhanced public education and other opportunities as contained within the annual work plan for the upcoming year. Review City staff recommendations for Contractor’s service improvements. 13 Council Packet Page Number 110 of 241 G9, Attachment 3 Discuss other opportunities for improvement with the remaining years under the current contract. 11. Public Education Information for Eligible Households At its own cost as part of the base collection fee, the Contractor shall develop, publish and distribute (via mail or hand deliver): a. One (1) annual public education flyer per year. b. Education tags to be left by Contractor’s collection crews at the time any material is left behind without being collected to instruct residents why the material was not collected (e.g., prohibited material, bulky items or other waste requiring separate collection trucks) and a phone number to call to place an order for a special collection. The Contractor shall provide an annual calendar specifying the day-certain trash collection day. This may be part of the annual public education flyer and/or within the Contractor’s trash bill provided directly to residents. The Contractor must be able to provide public education material in languages other than English (e.g., Spanish, Hmong, Somali, etc.). The City will work with the Contractor regarding the quantities needed and the locations for distribution for the households where English is the second language (ESL). In October of each contract year, the City shall provide a spreadsheet to the Contractor with the specific mailing addresses (and their corresponding first language) for the City’s ESL residents. This spreadsheet will be used for mailing the specific translated documents to the appropriate addresses. The City will work with the Contractor to identify resources that provide translation services for such documents. Details of this public education outreach to ESL homes will be specified in the Contractor’s Annual Work Plan (see Section 9). 12. City Shall Approve All Contractor Public Education Tools Whenever feasible, the Contractor shall submit a draft of any public education literature or other public education tools (e.g., web page instructions, “Call them all” telephone messages, etc.) for approval by the City, at least one (1) month before printing, distribution or other release of any such literature or tools. No prohibited mailings or public education materials or other communications to City residents shall be produced or distributed without prior City written approval. 13.Missed Collections The Contractor shall have a duty to pick up missed trash collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. If the resident did not have their trash container in place for collection at the time when the Contractor provided service, it is not deemed a “missed collection”. 14 Council Packet Page Number 111 of 241 G9, Attachment 3 14. Post-Pone Trash Collection After consultation with the City, the Contractor may postpone trash collections due to severe weather or other causes outside the Contractor’s reasonable discretion. Every effort shall be made by the Contractor to coordinate severe weather service postponement announcements with the City so that mixed messages are not broadcast to City residents. “Severe Weather” shall include, but not be limited to, those cases in which snow, sleet, ice or cold temperatures might jeopardize the safety of the Contractor’s staff or result in unsafe driving conditions. “Other causes” shall include, but not be limited to, those cases that occur beyond the Contractor’s control such as road construction preventing regular collection of selected routes. If collections are postponed, the Contractor shall notify the City. Upon postponement, collection will be made on the next day following the conclusion of the service weather event, or ASAP at the discretion of the Contractor. 15. Collection Hours and Days The City requires all such collections to begin no sooner than 6 a.m. and shall be complete by 6 p.m. Furthermore, the City requires scheduled collection days to be Monday through Friday, and agreed upon Saturdays during holiday weeks. The Contractor may request City approval of exceptions to these time and day requirements (e.g., pursuant to the “Post-Pone Trash Collection” Section 14 above). The Contractor must request such exception from the City’s Designated Contact Person via telephone or email prior to the requested collection event, and specify the date, time and reason for the exception. 16. Customer Complaints The Contractor shall provide staffing of a telephone equipped office to receive missed collection complaints and other complaints between the hours of 7:00 a.m. until 5: 00 p.m. on all days of collection as specified in this Contract. Phone calls to the Contractor for any reason must be answered by a “live person” rather than a recording within an average of one (1) minute of call connection or roll over to an answering machine/voice mail system to leave a message. The Contractor may have music or City-approved educational information during the one (1) minute delay but no “prompts” of any kind. Return calls to voice mail messages must be returned within one (1) hour during the hours of 7:30 a.m. to 4:00 p.m. during regular business hours. Voice mail messages left after 4:00 p.m. must be returned prior to 8:30 a.m. the next business day. Recorded messages of the Contractor shall request a day time phone number where the caller can be reached. The Contractor may also request a day time email address for customers in addition to a day time phone number. The Contractor shall have an answering machine or voice mail system activated to receive phone calls after hours. The address and telephone numbers of such office shall be given to the City in writing, with ten (10) days prior notice of changes therein. The address of this office as of the execution of the Contract is Allied Waste Services c/o Rich Hirstein, 9813 Flying Cloud Drive, Eden Prairie, MN 55347, Minnesota, and the telephone number is (651) 455-8634. The Contractor shall also allow complaints to be made electronically. 15 Council Packet Page Number 112 of 241 G9, Attachment 3 Each month the Contractor shall provide the City with a list of all customer complaints, the nature of these complaints and a description of how each complaint was resolved. The names of the complainants and contact numbers or e-mail addresses must also be included. Complaints on service will be taken and collected by the City and the Contractor. The City will notify the Contractor of all complaints it receives. The Contractor is responsible for corrective actions. The Contractor shall answer all complaints courteously and promptly. 17. Weighing of Loads Contractor will keep accurate records consisting of an approved weight slip with the date, time, collection route, driver’s name, vehicle number, tare weight, gross weight, and net weight. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be kept on file and made available for inspection upon request by the City. 18. Scavenging Prohibited All trash materials placed for collection shall be owned by and are the responsibility of the occupants of residential properties until the Contractor handles them.Upon collection of trash by the Contractor, the trash materials become the property and responsibility of the Contractor. It is unlawful for any person other than the City’s trash Contractor to collect, remove, or dispose of designated trash after the materials have been placed or deposited for collection in the City-purchased trash carts. The Contractor’s employees may not collect or “scavenge” through trash in any manner that interferes with the contracted trash services. 19. Cleanup of Spillage or Blowing Litter The Contractor shall clean up any material knowingly spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Designated trash shall be transported in a covered vehicle and best efforts made so that the trash does not drop or blow onto any public street or private property during transport. 20. Disposal and Recovery at Licensed and Permitted Facilities Only The Contractor shall be responsible for the safe, legal, and environmentally sound disposal of all trash, yard waste, bulky items, and any other items and materials collected under this Contract. Contractor shall not be required to collect Prohibited Waste. Notwithstanding anything to the contrary in this Contract, title to and liability for any Prohibited Waste shall at no time pass to Contractor. The Contractor shall deliver and unload trash and other materials only at facilities that are properly licensed and permitted for those materials. 21. Designated Disposal Facilities for Trash The Contractor shall dispose of all trash collected in the City at a Resource Recovery Facility consistent with the current Minnesota Waste Management Act (M.S. 115A), 16 Council Packet Page Number 113 of 241 G9, Attachment 3 Ramsey County Solid Waste Master Plan, Ramsey County facility operating contracts and other Ramsey County policies. The City intends that the designated Resource Recovery Facility at the onset of this Contract for 2012 will be the Ramsey/Washington County Resource Recovery Facility at Newport, MN. If such a Resource Recovery Facility is not reasonably available, the Contractor will notify the City immediately. The City will then contact Ramsey County for further direction and current policy guidance. The City and Contractor may then negotiate a mutually agreeable plan for trash disposal that is consistent with the requirements of this section of the Contract. 22. Recovery or Disposal of Yard Waste and Bulky Items Yard waste and bulky items shall be recovered as per the RFP; Ramsey County policies and programs; and Minnesota State laws and policies. The Contractor shall make every reasonable effort possible to recover bulky items (e.g., furniture, major appliances, electronic waste) whenever possible instead of disposal. 23.Vehicle Requirements Vehicles shall be clearly signed on both sides as a trash Collection vehicle. In addition, all Collection vehicles used in performance of the Contract shall: Be marked with the name and telephone number of the Contractor prominently displayed on both sides of the truck. Operate within the weight allowed by Minnesota Statures and local ordinances; Be duly licensed and inspected by the State of Minnesota; Have a maximum loaded weight not to exceed 40,000 pounds; Have a two (2) way communication device; Have a first aid kit; Have an approved fire extinguisher; Have warning flashers; Have a broom and shovel for cleaning up spills; Have warning alarms to indicate movement in reverse; Have a sign on rear of vehicle which states “This vehicle makes frequent stops”; All of the required equipment must be in proper working order. All vehicles must be maintained in proper working order and be as clean and free of offensive odors as possible. 24. Vehicle Inspections All proposed services, trucks and facilities are subject to inspection, approval, and acceptance by the City. The City will give reasonable notice of such inspections. The Contractor will not be responsible for normal City inspection costs. 17 Council Packet Page Number 114 of 241 G9, Attachment 3 25. Personnel Requirements Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this Contract. Contractor’s personnel shall be trained both in program operations and in customer service, and insure that all personnel maintain a positive attitude with the public and in the work place, and shall: Conduct themselves at all times in a courteous manner and use no abusive or foul language. Make a concerted effort to have at all times a presentable appearance and attitude. Wear a uniform and employee identification badge or name tag. Drive in a safe and considerate manner. Manage curbside trash carts in a careful manner so as to avoid spillage and littering, or damage to the cart. Monitor for any spillage and be responsible for cleaning up any litter. Avoid damage to property. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 26. Litter Pickup The Contractor shall be responsible for collection and pickup of any litter spilled during cart unloading, driving or other collection operations. 27. Truck Fluid Leaks or Spills The Contractor shall submit its plan to the City for responding to any leak, spill or other release of truck fluids (e.g., oil, fuel, anti-freeze, hydraulic fluid, etc.). This plan must provide that the Contractor respond immediately and make efforts to contain and clean the leak. Cleaning shall include complete removal of any fluid released. If grass is damaged to the point that it cannot live, the Contractor shall be responsible for turf replacement. The City will have sole authority to determine if the cleaning and/or property repairs are adequate in the event of dispute. All cleaning activities must adhere to applicable local, State, and Federal regulations and applicable storm water regulations and permits. 28. Safety The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable Federal, State and local laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. The Contractor shall submit a detailed safety plan to the City for review and approval within two (2) months after executing this Contract. This safety plan shall address all elements of this Contract including (but not limited to) trash, yard waste, and bulky waste collection operations. 18 Council Packet Page Number 115 of 241 G9, Attachment 3 The annual report and work plan shall have a safety component to report any incidents and recommend improvements. 29. Truck and Driver Licenses and Permits The Contractor shall ensure that all driver and truck licenses and permits are current and in full compliance with local, State and Federal laws and regulations. Contractor must have a Collection license issued by the City per City Code. 30. Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required within this Contract.Substandard performance as determined by the City in its sole discretion will constitute non-compliance. If action to correct such substandard performance is not taken by the Contractor within sixty (60) days after being notified by the City, the City may initiate contract termination procedures. 31. Liquidated Damages The City may withhold payment from the Contractor in the amounts specified below as liquidated damages for failure of the Contractor fulfilling its obligations, in addition to any other remedies available to the City: a. Failure to respond to legitimate service complaints within twenty four (24) hours in a reasonable and professional manner – fifty dollars ($50) per incident. b. Failure to collect properly notified missed collections –two hundred and fifty dollars ($250) per incident. c. Failure to provide monthly and annual reports – one hundred dollars ($100) per incident. d. Failure to complete the collections within the specified timeframes without proper notice to the city – one hundred dollars ($100) per incident. e. Failure to clean up litter or spills that knowingly occur during collection operations – two hundred fifty dollars ($250) per incident. f. Failure to report on changes in location of trash disposal – two hundred fifty dollars ($250) per incident. g. Making changes to the Collection and Disposal systems prior to receiving City approval to implement any such change – five thousand dollars ($5,000) per incident. These amounts will be for liquidated damages for losses suffered by the City and not penalties. Ten (10) or more such incidents in a six (6) month period may constitute grounds for termination of Contract and not subject to cure. 32. Accommodations for Road and Other Construction Projects The City, County and State reserve the right to improve any street or alley. Such road construction projects may temporarily prevent the Contractor from traveling its accustomed route or routes for collection. The City shall contact the Contractor prior to each construction season to determine areas of conflict and possible alternate routes or 19 Council Packet Page Number 116 of 241 G9, Attachment 3 solutions. The Contractors shall work with the City to maintain regular or modified service during street reconstruction projects. TRASH COLLECTION REQUIREMENTS 33. Trash Carts All occupants of residential dwelling units in the City shall be required by ordinance to keep trash in approved wheeled trash carts, not trash cans. Standardized trash carts will be purchased and owned by the City but delivered, maintained and inventoried by the Contractor. Carts shall be received, assembled, distributed, warehoused, and maintained by Contractor. The Contractor shall take reasonable care to prevent damage to residential carts during collection. Contractor shall repair or provide sanitized replacements in accordance with the City policy for replacement of carts. Requests for replacement of existing carts must be handled within five (5) business days after the request is received. Repairs to existing carts must be handled within five (5) business days from the time the request is received. The Contractor shall document and report the cart replacement and repair rate in accordance with the City’s Trash Cart Policy and Procedures (to be adopted within two months of the execution of this Contract). The Contractor will be responsible for managing and completing warranty work on the carts. Residents shall have the option of requesting an additional cart(s) for an additional fee as specified in Section 58of this Contract. 34. Cart Purchasing Plan As soon as possible after final execution of this Contract, the City shall develop a cart purchasing plan and schedule in coordination with the Contractor. The Contractor shall review and comment on this cart purchasing plan. 35. Resident Survey to Determine Cart Size Selection One element of the City’s cart purchasing plan will be the resident survey to determine cart size selection. The Contractor shall assist the City in conducting a survey of all eligible households (i.e., SFD’s) to determine their cart size selection. The Contractor will not be financially responsible for the cart survey work, the execution of the survey or its results. The results of this survey shall include a cart delivery schedule by residential address produced by the City. 36. Cart Distribution and Management Plan Within two (2) weeks after the City adopts its cart purchasing plan, the Contractor shall develop a cart distribution and management plan in coordination with the City. The City may elect to include its cart manufacturer as part of the team to plan for cart distribution and management. The Contractor may elect to include any cart management subcontractor as part of the cart purchase / distribution team. 37. Same Day Collections with Recycling Service Areas The Contractor shall collect trash weekly from residents with weekly service. The Contractor shall collect trash every other week (EOW) from residents with authorized EOW service. 20 Council Packet Page Number 117 of 241 G9, Attachment 3 Trash shall be collected on the same days corresponding to City recyclable collection days whenever possible with the exception of collection on Saturdays within agreed-upon “holiday weeks”. (For more details, see RFP, including Attachment A: Map of Weekly Recycling and Trash Collection Areas). 38. Point of Collection Nearly all trash collection service will occur at the curb, with the following exceptions: a. Elderly residents or those with short or long-term physical limitations who require house-side “walk-in” collection service. b. Alley collections for the few, designated blocks that do not have adequate access to curbside trash collection service due to the topography of the street and boulevard. (For more details on the current list of residents that need alley collections, see the August 2, 2011 RFP Addendum.) 39. Collection Schedule Deadline If the Contractor determines that the collection of trash will not be completed by 7:00 p.m. on the scheduled collection day, the Contractor shall notify the City by 4:30 p.m. that same day and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non-completion and the expected time of completion. If the City’s Designated Contact Person cannot be reached, the Contractor will request the City Manager. 40. Trucks Shall Be Equipped with Automatic Lifters The Contractor shall provide automated trash collection service. The Contractor shall work with the City to assure that the City’s trash cart specifications are compatible with the Contractor’s automatic lifters. The Contractor’s automatic lifters must be operated and maintained so as to not cause damage beyond normal wear and tear to collection carts. 41. Trucks Shall Be Equipped with Wind Screens The Contractor’s truck dumping hoppers must be outfitted with windscreens or shields to minimize wind-blown litter when tipping the carts. 42. Trucks Shall Be Equipped with RFID Data Management Systems The Contractor’s trucks purchased and used for the City shall be equipped with on-board radio frequency identification (RFID) systems to read the RFID tags installed in the City trash carts when the carts are emptied in the Contractor’s trucks. Other trucks that do not regularly serve Maplewood, but may occasionally be used as backup vehicles, are not required to have these automatic overload prevention devices. The RFID system shall be based on the ultra-high frequency (UHF) standard of 860 – 960 MHz which is compliant with the International Organization for Standards (ISO) 18000-6 standard. Additional technical specifications for the RFID tags and truck-mounted scanners (including antennae and readers) shall be developed by the City in cooperation with the Contractor. 21 Council Packet Page Number 118 of 241 G9, Attachment 3 43. Trucks Shall Be Equipped with Automatic Overload Prevention Devices The Contractor’s trucks purchased and used for the City shall be equipped with on-board scales and automatic overload prevention devices that shut off the truck’s packer system when the load reaches is maximum capacity. (For more details, see Allied’s August 19, 2011 proposal and August 30, 2011 response.) Other trucks that do not regularly serve Maplewood, but may be occasionally used as backup vehicles, are not required to have these automatic overload prevention devices. 44. Procedure for Handling Prohibited Materials If Contractor determines that a resident has set out prohibited materials, the driver shall use the following procedure: a. Contractor shall leave the prohibited materials in the resident’s curbside trash cart and leave an “education tag” indicating prohibited materials and the proper disposal method and/or other disposal options. b. The driver shall record the address and the Contractor shall report the address to the City in the required monthly report. If this procedure for handling prohibited materials is not feasible for automated collection systems, the Contractor must specify and demonstrate alternative public education methods to the City for its approval so that prohibited materials are not accepted and collected. YARD WASTE COLLECTION REQUIREMENTS 45. Voluntary Yard Waste Subscription Service The Contractor shall provide City residents the option to subscribe to separate yard waste collection service. The residents’ request to subscribe for separate yard waste collection service shall be submitted to the Contractor in writing (e.g., via post card, email or web based form) by March 1 each year.The separate yard waste collection service shall be from April 1 through November 30 each year. The extra fee allowed to be charged by the Contractor to subscribing households is noted in Section 66. Residents may arrange for special, one-time collections of yard waste even without subscribing. Such arrangements must be made with the Contractor directly. Such special, one-time collections of yard waste will have a separate per bag fee imposed as noted in Section 66. 46. Yard Waste Cart Requirements The Contractor shall provide a separate, 60-gallon yard waste cart to City residents eligible for trash service that subscribe for this additional yard waste collection service. City residents shall have the choice to subscribe to this optional service. The yard waste cart shall have unique labeling (e.g., “Yard Waste”) and City-approved resident instructions. The yard waste cart shall be a separate color as approved by the City. 22 Council Packet Page Number 119 of 241 G9, Attachment 3 47. Compostable Yard Waste Bags Required for Overflow As per the RFP. 48. Base Yard Waste Service Level and Allowed Overflow Amounts The Contractor shall allow residents to fill their yard waste cart and place up to five (5) compostable bags of overflow yard waste next to the yard waste cart per week, per collection without incurring overflow charges by the Contractor. The Contractor may charge a per bag overflow charge for any bags over five (5) bags. 49. Scheduled Months for Yard Waste Collection Service Separate yard waste collection shall be provided from April 1 through November 30, weather permitting. 50.Contractor Education Tag Required if Yard Waste Collection Service is Refused As per the RFP. 51. Delivery to Permitted Yard Waste Facilities As per the RFP. 52. Yard Waste Education As per the RFP. BULKY ITEM COLLECTION REQUIREMENTS 53. Special Bulky Items Collection As per the RFP. 54. Special Electronic Waste Collections As per the RFP. OTHER COLLECTION SERVICE REQUIREMENTS 55. Separate Christmas Tree Collection Service As per the RFP. 56. Food Waste and Other Organic Waste The City may initiate an organic waste pilot collection program. The Contractor shall participate with the City in the planning and design of this pilot collection project. Prices, scope and schedule for any such additional separate collection services will be negotiated as part of the planning for this project. 23 Council Packet Page Number 120 of 241 G9, Attachment 3 BILLING FOR SERVICES 57. Base Collection Fee (BCF) for Trash The BCF for the first cart, every week service, is $4.39 per household per month. The BCF for the first cart, for every other week (EOW) service, is $3.14 per household per month. These BCF rates are exclusive of County Environmental Charge and State Solid Waste Management Tax. (See RFP for more details.) 58. Additional Trash Cart Price The additional collection price for each additional trash cart is $2.00 per cart per household per month. This additional cart price is fixed for the term of this Contract and shall not be adjusted. (See RFP for more details.) 59. Additional Overflow Trash Bag Price The additional collection price for each overflow bag of trash is $4.00 per bag. This additional overflow trash bag price is fixed for the term of this Contract and shall not be adjusted. (See RFP for more details.) 60. Portion of BCF related to fuel vs. non-fuel costs The percentage of BCF allocated to non-fuel related items is seventy-six percent (76%). The percentage of BCF allocated to fuel-related items is twenty-four percent (24%). (See RFP for more details.) 61. CPI Price Adjustment on the Non-Fuel Portion of the BCF The collection fees for 2012 will be the BCF in Section 57. The non-fuel portion of the BCF payable for each successive Contract year shall equal the BCF fee payable for the previous year adjusted proportionately by the annual Consumer Price Index (CPI). June will be defined as the benchmark CPI index month. The non-fuel portion of the BCF will be adjusted by the relative change each year compared to the benchmark CPI index, or three percent (3%), whichever is lower. The published index for determining the annual percent change of the CPI will be the Federal Reserve Bank of Minneapolis. Each annual adjustment of the non-fuel portion of the BCF will be based on the benchmark CPI index of the previous year. For example, the non-fuel portion of the BCF for all of 2013 will be based on the proportional change in the CPI index from June 2012 compared to June 2011. 62. Fuel Adjustment on the Fuel Portion of the BCF The fuel portion of the BCF will be adjusted annually to reflect the percent change in indexed diesel prices. The index shall be the “Retail, On-Highway Diesel Prices – Average All Types, Midwest Region” as determined and published by the Energy Information Administration (EIA). The benchmark date shall be defined as this fuel index on June 1 of each year. The fuel portion of the BCF payable for each successive Contract year shall equal the BCF fee payable for the previous year adjusted proportionately by the annual fuel index. The fuel portion of the BCF will be adjusted by the relative change each year compared to the benchmark date. For example, the fuel 24 Council Packet Page Number 121 of 241 G9, Attachment 3 portion of the BCF for all of 2013 will be based on the proportional change in the fuel index from June 1, 2012 compared to June 1, 2011. 63. Trash Disposal Fees (See RFP for more details) 20-gallon service (every other week) = $1.08 per household per month 20-gallon service (weekly) =$1.62 per household per month 30-gallon service = $2.58 per household per month 60-gallon service = $3.52 per household per month 90-gallon service = $4.58 per household per month 64. Trash Disposal Fee Adjustments The trash disposal costs in the Contract will be adjusted annually to reflect changes in actual tipping fees. The actual 2012 tipping fee at the trash disposal facility will be defined as the benchmark year disposal price. The Contractor’s trash disposal costs will be adjusted proportionally each year based on the change in actual tipping fees compared to the 2012 benchmark year tipping fees. The Contractor shall notify the City as soon as the tipping fees for the next year are known, approximately in November each year. If the currently designated trash disposal facility changes its tipping fee by more than ten percent (10%) in the middle of the year, the Contractor may immediately notify the City and request a mid-year trash disposal fee adjustment. Any such mid-year adjustment must be accompanied by an insert in the next cycle of billing statements explaining the reason and amount of the adjustment. This insert must be pre-approved by the City before printing and release or posting on any web page. 65. Trash Cart Exchange/Replacement Delivery Fee (See RFP for more details) Once all carts are delivered to initiate the new trash collection system under this Contract, residents shall be allowed to change their cart size a maximum of once per year without incurring an exchange fee. The Contractor’s price to deliver a cart or carts thereafter as an exchange or addition to an existing household, as a one-time price per occurrence, is $10.00 per each occurrence. This additional cart exchange/replacement delivery fee is fixed for the term of this Contract and shall not be adjusted. 66. Yard Waste Removal Fee The annual price per household for separate yard waste collection/disposal service collected once per week for eight months of the year (April through November) is $79.50 per household per year for a standard 60-gallon yard waste cart. Special one-time collections of yard waste may be ordered by eligible residents to the Contractor. The Contractor may charge up to $3.50 per bag for this special one-time yard waste collection service. 25 Council Packet Page Number 122 of 241 G9, Attachment 3 These yard waste removal fees covers both the Contractor’s costs of collection operations and disposal tipping fees the Contractor pays at a yard waste transfer facility. 67. Yard Waste Disposal Tipping Fee The yard waste transfer facility specified by the Contractor is Specialized Environmental Technologies (SET), 630 Malcolm Ave, Minneapolis, MN. The current yard waste tipping fee at SET is $38.00 per ton (or equivalent to $9.50 per cubic yard). This 2011 tipping fee price shall be established as the benchmark rate for calculating any changes in the yard waste tipping fees in future years. This Contract specifies that fifty percent (50%), or $39.75 per household per year, is the base yard waste collection fee (BYWCF). 68. Yard Waste Disposal Tipping Fee Adjustment The Contractor shall inform the City by March 1 of each year the yard waste disposal tipping fee that the Contractor will be charged for the upcoming composting season. The Contractor may also request a yard waste tipping fee adjustment if there is a change compared to the 2011 benchmark rate. The Contractor’s yard waste disposal cost portion of the yard waste removal fee will be adjusted proportionally each year based on the change in actual tipping fees compared to the 2011 benchmark year tipping fees. 69. BYWCF Annual Adjustment The BYWCF will be adjusted annually proportionally by the same portions of “nonfuel” and “fuel” related costs as per the proposed BCF for regular, residential trash collection fees as specified in Sections 60, 61 and 62 of this Contract above. 70. Yard Waste Overflow Fee The per bag overflow charge for extra yard waste collection service above the five (5) bags included in the base level of BYWCF is $3.00 for each overflow bag. 71. Special Bulky Items Fee (See RFP for more details) The price per collection occurrence for bulky items that require special processing is $30.00 per item. These special bulky items include household items that require special processing to remove harmful substances, such as Freon or mercury, and may include (but are not limited to) items such as refrigerators, freezers, air conditioners, dehumidifiers, electronic waste, or thermostats. 72. Electronic Waste Fee (See RFP for more details) The price per collection occurrence for electronic waste that requires special processing is $30.00 per item. 26 Council Packet Page Number 123 of 241 G9, Attachment 3 73. Other Bulky Items Fee (See RFP for more details) The price per collection occurrence for other bulky items that do not require special processing is as follows: 27 Council Packet Page Number 124 of 241 G9, Attachment 3 74. Credits for Extended Vacations Residents shall be given credit on their next trash bill for extended vacations of at least three (3) weeks or more. The value of the vacation credit shall be up to the prorated weekly cost based on the total monthly collection charges (including all disposal fees, taxes, and other charges) as per the Contract. INSURANCE AND OTHER LEGAL REQUIREMENTS 75. Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the Contract and shall remain continuously in force for the duration of the Contract. The Contractor and its sub-contractors shall secure and maintain the following insurance as itemized below. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on an ACORD Insurance Certificate. A thirty (30)-day written notice is required if the policy is canceled. The Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this Contract, to comply with these provisions. 75.1Workers Compensation Insurance Workers Compensation insurance shall meet the statutory obligations with Coverage B - Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. 75.2Commercial General Liability Insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence, $50,000 fire damage on any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. The Contractor should provide evidence of in-force pollution legal liability with limits of not less than $5,000,000 per occurrence. 75.3Commercial Automobile Liability Insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident.This insurance shall include a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 76. Transfer of Interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or notation, without the prior written 28 Council Packet Page Number 125 of 241 G9, Attachment 3 approval of the City. Consent by the City shall not be unreasonably withheld, delayed or qualified. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate Contract termination. 77. Non-Assignment and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said Contract without written approval from the City. In the event the City or its successors or assigns files for bankruptcy as provided by federal law, this Contract shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 78. Dispute Resolution and Arbitration Procedures The parties agree that any controversy or claim arising out of or relating to this Contract or the breach thereof, shall be settled, at the option of the Contractor, by arbitration in accordance with the Rules of the American Association of Arbitration and judgment upon the award by the arbitrator(s) may be entered in any court with jurisdiction thereof. 79. Performance Bond The Contractor shall provide a performance bond in the case of the Contractor’s failure to perform contracted services.The performance bond shall be for a minimum of $300,000. The responsibility for renewal is the responsibility of the Contractor. The performance bond shall be executed by a corporate surety company authorized to do business in the State of Minnesota. This Contract shall be subject to termination by the City at any time if the performance bond shall be cancelled for whatever reason. The Contractor’s performance bond must be in effect as a condition of final execution of this Contract. The Contractor shall submit adequate documentation of the performance bond for City approval at the time of final execution of this Contract. 80. General Compliance The Contractor agrees to comply with all applicable local, State and Federal laws and regulations governing funds provided under this Contract. The Contractor shall pay its employees performing the work under this contract a living wage. Living wage may be defined pursuant to the Living Wage Calculator produced by Pennsylvania State University as a means to estimate the cost of living within specific geographic locations. (For more information, link to the Living Wage Calculator for Ramsey County, MN at: http://www.livingwage.geog.psu.edu/counties/27123.) 81. Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent Contractor with respect to the services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or subcontractors of the 29 Council Packet Page Number 126 of 241 G9, Attachment 3 Contractor only and not of the City; and any and all claims that might arise, including worker's compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the Contractor. 82. Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including attorney's fees, resulting directly or indirectly from an act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the services provided by this Contract, any resulting environmental liability that is a result of this Contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Contract. 83. Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. 84. Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of six (6) years after the resolution of all audit findings. Records for non-expendable property acquired with funds under this Contract shall be retained for six (6) years after final disposition of such property. 85. Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. Individual household set-out data (e.g., number and date of trash collections) shall be held as confidential, non-public data by the Contractor. The Contractor must immediately report to the City any requests from third parties for information relating to this Contract. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. 86. Inspection of Records All Contractor records with respect to any matters covered by this Contract shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 87. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be 30 Council Packet Page Number 127 of 241 G9, Attachment 3 in those courts located within the County of Ramsey, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 88. Contract Termination The City may cancel the Contract if the Contractor fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of the Contract if the default has not been cured after sixty (60) days written notice has been provided. The City shall pay Contractor all compensation earned prior to the date of termination minus any reasonable damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this Contract shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 89. Employee Working Conditions and Contractor’s Safety Procedures The Contractor will ensure adequate working conditions and safety procedures are in place to comply with all applicable local, State and Federal laws and regulations. The City reserves the right to inspect on a random basis all trucks, equipment, facilities, working conditions, training manuals, records of claims for Worker's Compensation or safety violations and standard operating procedures documents. 90. Contract Amendments Any amendments to this Contract shall be valid only when reduced to writing, and duly signed by the parties. 31 Council Packet Page Number 128 of 241 G9, Attachment 3 IN WITNESS WHEREOF, the parties have subscribed their names as of the date first written. City of Maplewood: By_______________________ By_________________________ Chief Executive Officer City Manager Date:_____________________ Date:_______________________ By_______________________ By________________________ Chief Operating Officer Mayor Date:_____________________ Date:_______________________ APPROVED TO FORM By__________________________ City Attorney Contractor: By_______________________ Area President Date:_____________________ 32 Council Packet Page Number 129 of 241 G10 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Steven Love, Acting Public Works Director/City Engineer Jon Jarosch, Civil Engineer II DATE: September 15, 2017 SUBJECT:Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 1, Pond-DorlandArea Street Improvements, City Project 16-12 Introduction The City Council will consider approving the attached resolution Directing Modification of the Existing Construction Contract, Change Order No. 1, City Project 16-12. Background The City Council awarded a construction contract to Park Construction Company, for the Pond- DorlandArea Street Improvements, City Project 16-12 on April 24, 2017in the amount of $1,142,034.66.There have been no change orders to the contract to date. Discussion During the design phase of the project,area residents notified staff of a flooding concern at the McKnight Townhomes near the southeast corner of Londin Lane and Dorland Road. According to the residents, the parking lot had flooded in the past, impacting area residences. To keep the original project scope moving forward, staff separated the design of this issue from the remainder of the project. The project was awarded to Park Construction Company and construction began in June of 2017. While construction was underway, a drainage study was performed and improvementswere identified to help mitigate the flooding concerns. Currently, the parking lot drainage discharges into an existing storm basin. During large events this can cause the system to backup into the parking lot. The proposedimprovements include an additional storm sewer systemto redirect parking lot runoff to the north side of Londin Laneand thereby reduce the effect the pond has on the parking lot drainage system. Additionalroadway modificationswere also included to help prevent runoff from Dorland Road entering the parking lot areas. The changes associated with the increased quantities resulted in additional costs of $188,652.17. Budget Impact Approval of Change Order No. 1 will increase the construction contract amount by $188,652.17 from $1,142,034.66to $1,330,686.83. The revised contract amount, including indirect costs, fallswithin the approvedbudgetof $2,130,620.Working with residents during the feasibility Council Packet Page Number 130 of 241 G10 study staff was able to identify and accommodate these improvementsin the original financing plan. No adjustments to the approved budget are needed. Recommendation Staff recommends that the City Council approve the attached resolutionDirecting Modification of the Existing Construction Contract, Change Order No. 1, City Project 16-12. Attachments 1.Resolution Directing Modification of Existing Construction Contract, Change Order No. 1 2.Change Order No. 1 3.Change Order No. 1 Pricing Council Packet Page Number 131 of 241 G10, Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 16-12, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered Improvement Project 16-12,Pond-Dorland AreaStreetImprovements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Pond-Dorland AreaStreet Improvements, City Project 16-12, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The Mayor and City Managerare hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 which is an increase of $188,652.17. The revised contract amount is $1,330,686.83. th Adopted by the Maplewood City Council onthis 25day of September2017. Council Packet Page Number 132 of 241 G10, Attachment 2 CHANGE ORDER #1 DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Pond-DorlandArea StreetImprovementsChange Order No.: #1 Project No.:16-12 Date: 9/25/2017 Contractor: Park Construction Company The following changes shall be made tothe contract documents: Description Total 1.Flood Mitigation Improvements $188,652.17 Purpose of Change Order AmendContract to account for the following: Additional storm sewer and road improvements to mitigate flooding at the McKnight Townhomes. Basis of Cost:Actual Estimated Original Contract: $1,142,034.66 Change This Change Order: $188,652.17 Revised Contract: $1,330,686.83 Approved Mayor Approved City Manager Recommended Engineer Agreed to by Contractor by Its Title Council Packet Page Number 133 of 241 G10, Attachment 3 Council Packet Page Number 134 of 241 G10, Attachment 3 Council Packet Page Number 135 of 241 MEMORANDUM TO:Melinda Coleman, City Manager FROM:Scott Nadeau, Public Safety Director DATE: September 14, 2017 SUBJECT: Approval of Resolution and Joint Powers Agreement Authorizing the Trade of Two Retired Police Vehicles to Minnesota Highway Safety & Research Center (MHSRC) Introduction The Maplewood Police Department in partnership with MHSRC have formed an agreement to trade two retired police vehicles in exchange for training credit for law enforcement courses. City Council approval is required before the transaction can be authorized. Attached is a joint powers agreement which is required by MHSRC in order to facilitate the transaction of accepting the vehicles in trade for services to be provided. Background The Maplewood Police Department normally disposes of retired police vehicles through public auction at the State of Minnesota Surplus Services in Arden Hills, this year the Police Department is seeking permission to trade two retired police vehicles for a training credit. The Minnesota Highway Safety & Research Center in St. Cloud provides all types of emergency vehicle operations courses for law enforcement agencies throughout the state. In order to maintain a fleet of police vehicles for training purposes, the MHSRC works with law enforcement agencies to either purchase retired police vehicles or trade vehicles for training credits. The trade of the vehicles is consistent with their fair market value. In addition to the statutorily mandated training that police officers must receive, with respect to emergency and pursuit driving, the police department is increasing officer training to include Pursuit Intervention Techniques. This is in alignment with the recommendations from the Use of Force Workgroup. The vehicle trade will help to save the city money and assist the department with this important training. Budget Impact The trade of two retired police vehicles assists the City in funding training fees for police officers to attend law enforcement courses. Recommendation Staff recommends approval of the resolution and joint powers agreement authorizing the trade with the Minnesota Highway Safety & Research Center. Attachments 1. Resolution 2. Joint Powers Agreement Council Packet Page Number 136 of 241 RESOLUTIONAUTHORIZING THE TRADE OF TWO RETIRED POLICE VEHICLES TO MINNESOTA HIGHWAY SAFETY & RESEARCH CENTER (MHSRC) IN EXCHANGE FOR TRAINING CREDIT FOR LAW ENFORCEMENT CLASSES WHEREAS ,the Maplewood Police Department will supply the MHSRC, St. Cloud, with two retired Ford Utility Interceptor squads with a determined value of $7,000 each based on Kelly Blue Book valuation due to higher mileage; and WHEREAS, the intended purpose of the trade is to support the future training needs of Maplewood Police Officers; and WHEREAS, the Minnesota Highway Safety & Research Center will provide the Maplewood Police Department training credit in the amount of $14,000 for law enforcement classes: and WHEREAS, the Maplewood City Council is authorized to approve the trade and appreciates the partnership with MHSRC. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Maplewood,Minnesota,that: 1. The donation is authorized ;and 2. The training credit will be appropriated for the Police Department as designated; and 3. The appropriate budget adjustments be made. The Maplewood City Council passed this resolution on September 25, 2017. Council Packet Page Number 137 of 241 F.Y.Cost CenterObj. CodeAmountVendor #P.O. # 0000199153-001 20186294304000$0,00152359 STATE OF MINNESOTA MINNESOTA STATE COLLEGES AND UNIVERSITIES St. Cloud State University JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT, and amendments and supplements thereto, (hereinafter "contract") is between the State of Minnesota, actingthrough its Board of Trustees of the Minnesota State Colleges and Universities, on behalf of St. Cloud State th University (SCSU), Minnesota Highway Safety & Research Center (MHSRC)(hereinafter "MnSCU")address 720 4Ave S, St Cloud MN 56301-4498,which is empowered to enter into joint powers agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd. 10, and MaplewoodPoliceDepartment,Scott Nadeau,1830 Co Rd B East,Maplewood, MN 55109 (hereinafter "CONTRACTOR"), which is empowered to enter into joint powers agreements pursuant to Minnesota Statutes, Chapter 471.59, Subd. 10; WHEREAS, CONTRACTOR represents that it is duly qualified and willing to perform the services set forth herein. NOW, THEREFORE, it is agreed 1.DUTIES & RESPONSIBILITIES Supply the MHSRC, St. Cloud, with the described vehicles, to be use d as credit for payment of courses received by the employees of the MaplewoodPoliceDepartment, a.CONTRACTOR'S DUTIES. The CONTRACTOR shall: 2013Black Ford utility Interceptor SUV,Valued at $7,000.Vin # 1FM5K8AR5DGA42264, Approx.Mileage 106,700. 2014 Black Ford utility Interceptor SUV, Valued at $7,000. Vin # 1FM5K8AR0EGA23641,Approx.Mileage102,400 Total of $14,000 in credit for Law Enforcement classes. b.MnSCU'S DUTIES.MnSCUshall: The MHSRCwill supply Emergency Vehicle Operators Courses totaling the $14,000to the employees of the MaplewoodPolice Department. 2.CONSIDERATION AND TERMS OF PAYMENT. a.Considerationfor all services performed by the CONTRACTOR pursuant to this contract shall be paid by the MnSCUas follows: The credit value for each course is as follows under this contract until Aug 22, 2020.Contact the MHSRC for current course pricing. b.Payment shall be made by MnSCU promptly after the CONTRACTOR’S presentation of invoices for services performed and acceptance of such services by MnSCU’s authorized representative. All services provided by the CONTRACTOR pursuant to this contract shall be performed to the satisfaction of MnSCU, as determined at the sole discretion of its authorized representative, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. The CONTRACTOR shall not receive payment for work found by MnSCU to be unsatisfactory or performed in violation of any applicable federal, state or local law, ordinance, rule or regulation. Invoices shall be presented by CONTRACTOR according to the following schedule: Upon student completion of each course, an updated invoice will be submitted to the Contractor’s Representative, describing courses completed and updated credit amount. Council Packet Page Number 138 of 241 3.CONDITIONS OF PAYMENT.All services provided by the CONTRACTOR pursuant to this contract shall be performed to the satisfaction of MnSCU, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. The CONTRACTOR shall not receive payment for workfound by MnSCUto be unsatisfactory, or performed in violation of federal, state or local law, ordinance, rule or regulation 4.TERM OF CONTRACT.This contract shall be effective on Aug 23, 2017, or upon the date that the final required signature is obtained by MnSCU, whichever occurs later, and shall remain in effect until Aug 22, 2020,or until all obligations set forth in this contract have been satisfactorily fulfilled, whichever occurs first. The CONTRACTOR understands that NO work should begin under this contract until ALL required signatures have been obtained, and the CONTRACTOR is notified to begin work by MnSCU's Authorized Representative. 5.CANCELLATION.This contract may be canceled byMnSCUor the CONTRACTOR at any time, with or without cause, upon thirty (30) days written notice to the other party. In the event of such a cancellation, the CONTRACTOR shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed. 6.MnSCU'S AUTHORIZED REPRESENTATIVE.MnSCU's Authorized Representative for the purposes of administration of this contract is: Name:Larry Nadeau, MHSRC, SCSU th Address:720 4Ave, St. Cloud MN 56301-4498 Telephone:320-255-4732 E-Mail:lrnadeau@stcloudstate.edu Fax:320-255-3942 MnSCU’s Authorized Representative shall have final authority for acceptance of the CONTRACTOR'S services and if such services are accepted as satisfactory, shall so certify on each invoice submitted pursuant to Clause 2, paragraph b. 7.The CONTRACTOR'S Authorized Representativefor the purposes of administration of this contract is: Name:MaplewoodPolice Department, Scott Nadeau Address:1830 Co Rd B East,MaplewoodMN 55109 Telephone:651-249-2602 E-Mail:Scott.nadeau@maplewoodmn.gov Fax: 8.ASSIGNMENT.The CONTRACTOR shall neither assign nor transfer any rights or obligations under this contract without the prior written consent of MnSCU. 9.AMENDMENTS.Any amendments to this contract shall be in writing, and shall be executed by the same parties who executed the original contract, or their successors in office. 10.LIABILITY.The CONTRACTOR shall indemnify, save, and hold MnSCU, its representatives and employees harmless from any and all claims or causes of action, including all attorney's fees incurred by MnSCU, arising from the performance of this contract by the CONTRACTOR or CONTRACTOR'S agents 2 MnSCU Joint Powers Agreement Template Revised July 7, 2003; Aug.2014; OGC Revised October 14, 2015 Council Packet Page Number 139 of 241 or employees. This clause shall not be construed to bar any legal remedies the CONTRACTOR may have for MnSCU's failure to fulfill its obligations pursuant to this contract. 11.STATE AUDITS.The books, records, documents, and accounting procedures and practices of the CONTRACTOR relevant to this contract shall be subject to examination by the contracting department and the Legislative Auditor. 12.GOVERNMENT DATA PRACTICES ACT.The requirements of Minnesota Statutes § 13.05, subd. 11 apply to this contract. The CONTRACTOR and MnSCU must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by MnSCU in accordance with this contract, and as it applies to all data, created, collected, received, stored, used, maintained, or disseminated by the CONTRACTOR in accordance with this contract. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the CONTRACTOR or MnSCU. In the event the CONTRACTOR receives a request to release the data referredto in this clause, the CONTRACTOR must immediately notify MnSCU. MnSCU will give the CONTRACTOR instructions concerning the release of the data to the requesting party before the data is released. 13.OWNERSHIP OF MATERIALS AND INTELLECTUAL PROPERTY RIGHTS. a.MnSCU shall own all rights, title and interest in all of the materials conceived or created by the CONTRACTOR, or its employees or subcontractors, either individually or jointly with others and which arise out of the performance of this contract, created and paid for under this contract, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modules, electronically, magnetically or digitally recorded material, and other work in whatever form (hereinafter MATERIALS). The CONTRACTOR hereby assigns to MnSCU all rights, title and interest to the MATERIALS. The CONTRACTOR shall, upon request of MnSCU, execute all papers and perform all other acts necessary to assist MnSCU to obtain and register copyrights, patents or other forms of protection provided by law for the MATERIALS. The MATERIALS created under this contract by the CONTRACTOR, its employees or subcontractors, individually or jointly with others, shall be considered “works made for hire” as defined by the United States Copyright Act. All of the MATERIALS, whether in paper, electronic, or other form, shall be remitted to MnSCU by the CONTRACTOR, its employees and any subcontractors, and the CONTRACTOR shall not copy, reproduce, allow or cause to have the MATERIALS copied, reproduced or used for any purpose other than performance of the CONTRACTOR’S obligations under this contract without the prior written consent of MnSCU’s authorized representative. b.The CONTRACTOR represents and warrants that MATERIALS produced or used under this contract do not and will not infringe upon any intellectual property rights of another, including, but not limited to, patents, copyrights, trade secrets, trade names, and service marks and names. The CONTRACTOR shall indemnify and defend, to the extent permitted by the Attorney General, MnSCU at the CONTRACTOR’S expense from any action or claim brought against MnSCU to the extent that it is based on a claim that all or part of the MATERIALS infringe upon the intellectual property rights of another. The CONTRACTOR shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs and damages, including, but not limited to, reasonable attorney fees arising out of this contract, amendments and supplements thereto, which are attributable to such claims or actions. 3 MnSCU Joint Powers Agreement Template Revised July 7, 2003; Aug.2014; OGC Revised October 14, 2015 Council Packet Page Number 140 of 241 If such a claim or action arises, or in the CONTRACTOR’S or MnSCU’s opinion is likely to arise, the CONTRACTOR shall, at MnSCU’s discretion, either procure for MnSCU the right or license to continue using the MATERIALS at issue or replace or modify the allegedly infringing MATERIALS. This remedy shall be in addition to and shall not be exclusive to other remedies provided by law. 14.PUBLICITY.Any publicity given to the program, publications, or services provided resulting from this contract, including, but not limited to, notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the CONTRACTOR or its employees individually or jointly with others, or any subcontractors shall identify MnSCUas the sponsoring agency and shall not be released prior to receiving the approval of the MnSCU’s authorized representative. 15.OTHER PROVISIONS.NONE 4 MnSCU Joint Powers Agreement Template Revised July 7, 2003; Aug.2014; OGC Revised October 14, 2015 Council Packet Page Number 141 of 241 IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. APPROVED: 1. MINNESOTA STATE COLLEGES AND UNIVERSITIES St. Cloud State University By Larry Nadeau Title Date 2. VERIFIED AS TO ENCUMBRANCE By Lisa Sparks Title Date 3. CONTRACTOR (Governmental Entity): Contractor certifies that the appropriate person(s) have executed the contract on behalf of the contractor as required by applicable articles, by-laws, resolutions, or ordinances. By Scott Nadeau Title Date By (authorized signature) Title Date 4. AS TO FORM AND EXECUTION: By Jeff Wagner Title Date 5 MnSCU Joint Powers Agreement Template Revised July 7, 2003; Aug.2014; OGC Revised October 14, 2015 Council Packet Page Number 142 of 241 DЊЋ MEMORANDUM TO: Melinda Coleman,City Manager FROM: Steve Lukin, Chief of EMS DATE: September 19, 2017 SUBJECT: Approval to Accept a FEMA Grant for Turnout Gear Dryers Introduction Firefighters have to wash their turnout gear in a special washer. Currently, the Fire Department have two large washers.The NFPA now recommends all turnout gear to be washed after each fire to stop the off-gassing of the hazardous carcinogen causing cancer. Washing the turnout gear has not been the problem, but the drying the turnout gear has been a challenge.Presently, it takes up to three days to properly dry a set of turnout gear by our only method of drying, which is to hang the turnout gear in the bays. Sometimes, depending upon firefighters shift schedule, gear may not dry in time. As a result, the firefighter must use wet or damp turnout gear on that shift. Background In 2016, the Fire Assistance to Firefighters Grant (AFG). The department requested $20,455 for the purchase of three power drying racks. On September 8, 2017,the department was awarded the grant. By accepting the AFG, the AFG require departments to contribute to 10% of the total amount of the grant request. This grant will provide the department with three drying racks that will allow firefighters to dry turnout gear in four to six hours. This time-saving andproper drying of the turnout gear willhelp to prolong the life of the turnout gear.More importantly, the reduced drying time will guarantee that the firefighters turnout gear will be ready to use when they go back on shift. The department will also add to the order some special equipment that will allow for the drying of boots and gloves. Budget Impact The Fire Department requests for the AFG was in the amount of $20,455.As required, the 10% contribution match equals $2,045. This 10% match of $2,045 will becovered within 2017 budget. The additional cost of the special equipment of $1,000 will also be covered in 2017 budget. Recommendation It is recommended that the City except the AFG in the amount of $20,455 and approve the 10% match of $2,045 to purchase the three drying racks and the additional $1,000 for special equipment with the total amount not to exceed $23,500. Attachments None. Council Packet Page Number 143 of 241 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 144 of 241 J1 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Lois Knutson, Administrative Services & Performance Measurement Coordinator DATE: September 19, 2017 SUBJECT:Review of 2018 Charitable Gambling Requests Introduction Each year the Maplewood City Council solicits requests for charitable gambling funds. Every year the requests for funds have exceeded the available funds. That is the case this year, as well. The City received 18applications with $72,849.00in requests. Background The following is a list of the organizations and groups who have submitted requestsfor funds. The amount of Charitable Gambling funds that will be available in the 2018 budget is $30,000. Amount Amount Organization Requested Organization Requested ARCS -Aquatic Research & Conservation 1,299.00 3,500.00 Society Maplewood Youth Scholarship Fund 3,000.00 4,000.00 Carver Elementary PTO North High School Band 3,000.00 4,000.00 Dispute Resolution CenterNorth High School Choir 2,500.00 7,000.00 District 622 Education Foundation North High School Robotics Team 6,000.00 2,500.00 Hmong Health Care Professionals Coalition Ramsey County Fair ISD 622 Fusion Drumline Parent Booster Special Olympics MN - Maplewood 1,250.001,000.00 Org.Monarchs 5,000.00 1,300.00 ISD 622 Gladstone Meals on Wheels Tubman Family Alliance 16,500.00 3,000.00 Maplewood Area Historical SocietyWeaver Elementary School 5,000.00 3,000.00 Maplewood Police Reserves Webster Elementary School $ 72,849.00 Total: Budget Impact There is $30,000available in the 2018 budget for Charitable Gambling. Recommendation Staff recommends the City Councilreview the requests and fill out the provided score sheet. Staff will collect the score sheets and calculatethe final suggested award amounts. The suggested award amounts will be brought before the Council at the October 9, 2017 meeting for approvaloffinal awards. Council Packet Page Number 145 of 241 J1 Attachments 1.Charitable Gambling Policies 2.Summary of 2018Charitable Gambling Requests 3.Completed2018 Charitable GamblingApplications 4.Score sheet summaryfrom previous 3 years 5.2018 Voting Score sheet Council Packet Page Number 146 of 241 J1, Attachment 1 CITY OF MAPLEWOOD CITY COUNCIL POLICIES ON AWARD OF CHARITABLE GAMBLING TAX FUNDS 1.All licensed charitable gambling organizations within the City are required to contribute 10 percent (10%) of net profits derived from lawful gambling activity in the City to the Charitable Gambling Tax Fund. These funds are dispersed by the City Council for lawful expenditures. 2.All applications must be complete and submitted by the application deadline established by the City Manager. 3.The City of Maplewood grants funds from the Charitable Gambling Tax Fund to support activities and services that benefit Maplewood residents. The first priority in the granting of funds will be given to the City of Maplewood domiciled organizations. The second priority or consideration will be given to funding requests from other organizations which are used primarily for the benefit of Maplewood residents. Funds shall be distributed for projects, equipment, or activities that are based in the community and which primarily benefit Maplewood residents and will be looked upon more favorably than requests for salaries or general operating costs. 4.In general, requests from organized athletic groups will not be funded. Funding for these programs should be from participating families or community auxiliary groups. There are so many athletic organizations within the community that the City of Maplewood is not capable of funding their financial requests or fairly determining appropriate recipients. 5.The amount of Charitable Gambling Tax Funds awarded to any request is determined by a City Council vote. A request must receive 3 or more votes for funding in order to receive Charitable Gambling Tax Funds. 6.All funds granted are required to be expended for the requested project within one year of the date of the award letter. However, payment will not be made until after January 1 of the award year. Grant recipients shall submit a letter to the Senior Administrative Assistant requesting payment of the grant award as well as provide specific information on how the funds were used (receipts or other proof of expenditure) for the proposed purpose. 7.No employee or department of the City of Maplewood shall solicit a donation from a licensed charitable organization without City Manager approval. If there is a financial need for a specific program that was not funded in the City budget, staff may submit a request to the City Manager for the use of Charitable Gambling Tax Funds. 8.The allocation of Charitable Gambling Tax Funds is an annual award. A previous receipt of funds in no way guarantees or commits the City of Maplewood to funding in any subsequent year. Each year’s funding requires a new, separate application. Updated 08.18.16 Council Packet Page Number 147 of 241 J1, Attachment 2 Council Packet Page Number 148 of 241 J1, Attachment 2 Council Packet Page Number 149 of 241 J1, Attachment 2 Council Packet Page Number 150 of 241 J1, Attachment 2 Council Packet Page Number 151 of 241 J1, Attachment 3 Council Packet Page Number 152 of 241 J1, Attachment 3 Council Packet Page Number 153 of 241 J1, Attachment 3 Council Packet Page Number 154 of 241 J1, Attachment 3 Council Packet Page Number 155 of 241 J1, Attachment 3 Council Packet Page Number 156 of 241 J1, Attachment 3 Council Packet Page Number 157 of 241 J1, Attachment 3 Council Packet Page Number 158 of 241 J1, Attachment 3 Council Packet Page Number 159 of 241 J1, Attachment 3 Council Packet Page Number 160 of 241 J1, Attachment 3 Council Packet Page Number 161 of 241 J1, Attachment 3 Council Packet Page Number 162 of 241 J1, Attachment 3 Council Packet Page Number 163 of 241 J1, Attachment 3 Council Packet Page Number 164 of 241 J1, Attachment 3 Council Packet Page Number 165 of 241 J1, Attachment 3 Council Packet Page Number 166 of 241 J1, Attachment 3 Council Packet Page Number 167 of 241 J1, Attachment 3 Council Packet Page Number 168 of 241 J1, Attachment 3 Council Packet Page Number 169 of 241 J1, Attachment 3 Council Packet Page Number 170 of 241 J1, Attachment 3 Council Packet Page Number 171 of 241 J1, Attachment 3 Council Packet Page Number 172 of 241 J1, Attachment 3 Council Packet Page Number 173 of 241 J1, Attachment 3 Council Packet Page Number 174 of 241 J1, Attachment 3 Council Packet Page Number 175 of 241 J1, Attachment 3 Council Packet Page Number 176 of 241 J1, Attachment 3 Council Packet Page Number 177 of 241 J1, Attachment 3 Council Packet Page Number 178 of 241 J1, Attachment 3 Council Packet Page Number 179 of 241 J1, Attachment 3 Council Packet Page Number 180 of 241 J1, Attachment 3 Council Packet Page Number 181 of 241 J1, Attachment 3 Council Packet Page Number 182 of 241 J1, Attachment 3 Council Packet Page Number 183 of 241 J1, Attachment 3 Council Packet Page Number 184 of 241 J1, Attachment 3 Council Packet Page Number 185 of 241 J1, Attachment 3 Council Packet Page Number 186 of 241 J1, Attachment 3 Council Packet Page Number 187 of 241 J1, Attachment 4 $60.00 $760.00$380.00$320.00$310.00$640.00$450.00$220.00$760.00$540.00$420.00$540.00$800.00$920.00 $1,280.00$1,750.00$2,200.00$1,440.00$4,060.00$3,790.00$2,200.00$2,580.00$1,060.00$1,150.00$1,370.00 Award Proposed $0$0$0$0$0$0$0 $400$500$500$500$500$500 $2,000$2,000$2,500$3,000$2,000$5,000$4,000$3,000$1,400$1,200$1,000 $0$0$0$0$0 $400$500$500 $1,000$2,000$2,000$2,000$5,000$1,000$2,900$1,000$1,000$3,500$1,000$2,000$1,200$1,000$1,000$1,000 $500$500$300$250$250$350$700$600$500$600$700 $1,300$1,100$1,500$1,000$1,300$5,000$5,000$1,500$1,200$2,500$1,000$1,000$1,350 $0$0$0 $200$500$500$500$250$600$900 $1,000$1,500$1,800$3,000$1,200$3,300$1,000$4,000$2,600$2,000$1,000$1,100$1,250$1,500 $0$300$0$0$0 $300$400$300$600$300$500$600$500$500$600$500 $1,350$1,500$1,000$1,900$1,000$2,000$3,050$2,900$3,500$1,200$1,500$1,500$2,500 $30,000$30,000$30,000$30,000$30,000$30,000.00 NSKJRCMKMA 2015 Charitable Gambling Funds Score Sheet $0.00 $400.00$950.00$782.50$825.00 $2,500.00$1,000.00$2,000.00$2,500.00$3,000.00$2,500.00$2,900.00$1,000.00$6,150.00$2,000.00$5,000.00$3,500.00$3,500.00$4,000.00$4,000.00$1,200.00$3,000.00$1,500.00$3,000.00 $67,208 $10,000.00 Requested Amount is available revenue from proceeds of the 10% Charitable Gambling Tax. hƩŭğƓźǩğƷźƚƓ $30,000 Fund ReservesTOTAL AMOUNT OF REQUESTS An estimated Any reduction in available funds will result in a proportional reduction of the award amount.* Removed from consideration due to past practice of zeroing out any applicant that gets a zero allocation from four or more members of the City Council. Ashland ProductionsBoy Scout Troop 461CHILD IncDispute Resolution CenterDistrict 622 Education FoundationEcumen Lakeview CommonsFriends of Maplewood NatureGethsemane Lutheran SchoolHmong American Education FundLENA Youth Connect, Inc.Maple Tree Monastery Childcare CenterMaplewood Area Historical SocietyMaplewood Monarchs S.O. TeamMaplewood Police ReservesMaplewood Youth Scholarship FundMounds Park AcademyRamsey County FairSRAA (Senior Royalty Alumni Assoc.)St. Jerome's Catholic SchoolSt. Paul Educational FoundationTubman Family AllianceWeaver Elementary SchoolWebster Elementary SchoolWhite Bear Area YMCA Council Packet Page Number 188 of 241 J1, Attachment 4 $30,000 $60.00 $440.00$790.00$110.00$780.00$810.00$420.00$200.00$810.00$200.00$400.00$280.00$700.00$960.00 $800.00$930.00 $1,200.00$1,260.00$3,693.00$3,450.00$2,267.00$2,000.00$2,150.00$1,245.00$1,005.00 $1,400.00$1,640.00 Final Award $0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00 $30,000 $500.00 MA $0.00$0.00$0.00$1,200.00$0.00$1,000.00$0.00$0.00$0.00$2,100.00$0.00$1,500.00$0.00$1,000.00$0.00$1,000.00$0.00$0.00$1,000.00$0.00$0.00$0.00$0.00$1,200.00$0.00$2,500.00$0.00$2,500.00$0.00$1,000.00 $30,000 MK $30,000 $400.00$750.00$900.00$2,500.00$2,500.00$200.00$250.00$900.00$1,900.00$350.00$250.00$500.00$750.00$300.00$500.00$300.00$300.00$775.00$800.00 RC $0.00$0.00$0.00$0.00$0.00 $30,000 $500.00$500.00$600.00$800.00 KJ $800.00$1,000.00$1,200.00$2,500.00$1,500.00$100.00$800.00$1,500.00$100.00$300.00$600.00$350.00$500.00$700.00$500.00$1,000.00$500.00$750.00$1,000.00 $30,000.00 $1,000.00$2,000.00$1,000.00$1,650.00$1,000.00$2,000.00$1,000.00$1,200.00$1,300.00$1,400.00$1,200.00$1,200.00$1,000.00$2,000.00$1,000.00$2,300.00$2,500.00$3,400.00$4,000.00$7,065.00$1,500.00$1,100.00$ 1,200.00$3,000.00$3,000.00$4,250.00$5,000.00$2,000.00$2,600.00$2,000.00$1,000.00$2,235.00$3,500.00$1,500.00$1,000.00$1,000.00$5,000.00$1,500.00$1,250.00$1,900.00$2,800.00$3,800.00$1,000.00$1,200.00$1 ,200.00$1,500.00$1,025.00$1,500.00$1,500.00 NS amount. award 2016 Charitable Gambling Funds Score Sheet the of $350.00 $3,000.00$2,500.00$5,000.00$1,200.00$3,000.00$2,500.00$1,000.00$2,800.00$1,900.00$3,500.00$6,000.00$1,000.00$1,430.00$7,065.00$3,500.00$5,000.00$3,500.00$2,000.00$5,000.00$1,550.00$3,800.00$1,457.88$ 1,200.00$5,000.00$2,500.00$5,000.00 $81,752.88 Requested reduction Amount proportional a in result Center will Organization Fund Choir Fund 9471 Team Society Team funds Show Booster Childcare S.O. Nature Pack is available revenue from proceeds of the 10% Charitable Gambling Tax. Foundation Inc. CenterSchool School School Center hƩŭğƓźǩğƷźƚƓ PTOReserves Scholarship Robotics Commons EducationLights Historical YMCAavailable Parent Foundation CareFair Alliance in America $30,000 AreaMonarchsPoliceYouth Connect, EducationMonastery Area School of Krampus Catholic Maplewood Elementary Merkel Family ProductionsLakeview CountyCountyElementary Resolution Northern of American 622 ElementaryDrumline Tree Bear Inc High Youth reduction Scouts 622 estimated Jerome AshlandBoyCarverCHILDDisputeDistrictEcumenEricksonFriendsFusionHmongISDLENAMapleMaplewoodMaplewoodMaplewoodMaplewoodMinnesotaNorthRamseyRamseySt.TubmanWeaverWebsterWhiteAnAny Council Packet Page Number 189 of 241 J1, Attachment 4 ВАЉ͵ЉЉБЉЉ͵ЉЉВВЉ͵ЉЉЏЋЉ͵ЉЉ ЊͲЊЍЉ͵ЉЉЊͲЎЉЉ͵ЉЉЊͲЍЉЉ͵ЉЉЊͲАЉЉ͵ЉЉЋͲБЉЉ͵ЉЉЊͲЌАЉ͵ЉЉЋͲЊЏЉ͵ЉЉЊͲЋЉЉ͵ЉЉЋͲЏЉЉ͵ЉЉЋͲЍЉЉ͵ЉЉЋͲЊЎЉ͵ЉЉЊͲЍЏЉ͵ЉЉЊͲЋЉЉ͵ЉЉЊͲАЍЉ͵ЉЉЊͲБЉЉ͵ЉЉ Award ЌЉͲЉЉЉ͵ЉЉ noon. 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Nature Foundation distribute School School Center PTOReserves Scholarship Meals RoboticsSenior to Lights Historical Fair Alliance Drumline hƩŭğƓźǩğƷźƚƓ Research AreaMonarchsPoliceYouth Education SchoolSchool Maplewood $30,000 Elementary Family Inc. CountyElementary Resolution FusionGladstoneNorthern of 622 Elementary Inc Aquatic HighHigh have 622622622 ARCSSociety,CarverCHILDDisputeDistrictFriendsISDISDISDMaplewoodMaplewoodMaplewoodMaplewoodNorthNorthRamseyTubmanWeaverWebster You Council Packet Page Number 190 of 241 J1, Attachment 5 Council Packet Page Number 191 of 241 J2 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Michael Martin, AICP, Economic Development Coordinator DATE: September 20, 2017 SUBJECT:ConsiderApproval of a Conditional Use Permit Revision,Academy for Sciences and Agriculture, 1194 County Road C East Introduction The Academy for Sciences and Agriculture is requesting approval for a conditional use permit (CUP) revision to allow the operation of a school at Lakeview Lutheran Church which is located at 1194 County Road C East. City code requires the city council to approve a conditional use permit for all educational institutions in the city. The Academy for Sciences and Agriculture is a public charter school and is proposing to operate its fifth and sixth grades at this location – the remaining grades are located atthe school’s main facility in Vadnais Heights. Request The applicant is requesting city approval ofa CUP revision to operate a public charter school at 1194 County Road C East. Background September 8, 1977: The city council approved a CUP for an addition to the church. August 14, 1989: The city council approved a CUP for a day care facility at the church. October 10, 1994: The council approved a CUP revision to expand the church. Discussion Conditional Use Permit Staff became aware that the Academy for Sciences and Agriculture had moved in and occupied space at Lakeview Lutheran Church after an electrician came into the city to pull a permit. At that point staff reached out to the school to notify them the city of Maplewood requires a CUP for all educational institutions. Staff conferred with the city attorney and a decision was made to allow the school to have temporary occupancy of the building, conditioned upon receiving CUP approval by the end of September. Council Packet Page Number 192 of 241 J2 The school is placing its fifth and sixth grades at this site and will occupy the former Sunday school space in the building. Students will arrive to the site via a bus from the school’s main campus in Vadnais Heights. This is also spacewhere a day care and preschool had previously operated. The church had previously received CUP approval for the day care. The church would like to keep this CUP active incase the school leaves at some point and there is an opportunity to place a day care on site. The city’s building official, health officialand fire marshalhave all inspected the space in the church the school will occupy and there are no concerns. Staff does nothave any concerns regarding the operation of this school on this site. Department Comments Engineering Staff engineer Jon Jaroschreviewed this project and stated since there are no exterior improvements he would have no comment Building Official, Jason Brash Applicant must meet all Minnesota State Building Code requirements. Commission Review Planning Commission September 19, 2017: The planning commission held a public hearing and recommended approval forthis project. Budget Impact None. Recommendations A.Approve the attached conditional use permit revision resolution. This conditional use permit allows a public charter school to operate within the buildinglocated at 1194 County Road C East.This approval shall be subject to the following conditions(additions are underlinedand deletions are crossed out): 1.This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. 2.The owner/operator acquiring all necessary approvals and licenses from the state of Minnesota to operate the day care facilityor school facility. 3.The day care center or school facilitybe maintained and operated in such a manner as to not create any nuisances for nearby properties. 4.A building permit shall be submitted for review and approval by the Building Official, prior to any construction activities on the subject property. Council Packet Page Number 193 of 241 J2 5.Any change of use to the building shall be submitted to the City Planner and Building Official for approval. Citizen Comments Staff surveyed the 24surrounding property owners within 500 feet of the proposed site for their opinion about this proposal. Staff received one response – from the property owner of the subject property – which was in favor of the project. In favor 1.Lakeview Lutheran Church believes AFSA Middle School will be an asset to Maplewood. They are renting our former education wing where we held Sunday school. We have previously held day cares/preschools in that space for over 30 years. AFSA has already shownthemselves to be a caring community partner who wants to provide a unique learning environment to their students. (Pastor Rebecca Sullivan,1194 County Road C East) Reference Information Site Description Site Size:1.66 acres Existing Land Use: Church Surrounding Land Uses North: Forest Products South: Kline auto dealership East:Single dwelling and child care center West:Vacant property and Highway 61 Planning Existing Land Use:Commercial (c) Existing Zoning:Light Manufacturing (m1) Application Date The city deemed the applicant’sapplicationcomplete on August 29, 2017. The initial 60-day review deadline for a decision isOctober 28, 2017. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary to complete the review. Attachments 1.OverviewMap 2.Land Use Map 3.Zoning Map 4.Applicant’s Letter 5.Conditional Use Permit Resolution Council Packet Page Number 194 of 241 Attachment 1 Academy for Sciences and Agriculture August 29, 2017 City of Maplewood Legend ! I Subject Property 0240 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 195 of 241 Attachment 2 Academy for Sciences and Agriculture September 13, 2017 City of Maplewood Legend ! I Future Land Use Low Density Residential Medium Density Residential Institution Open Space Government Commercial 0240 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 196 of 241 Attachment 3 Academy for Sciences and Agriculture September 13, 2017 City of Maplewood Legend ! I Zoning Open Space/Park Single Dwelling (r1) Double Dwelling (r2) Multiple Dwelling (r3) Planned Unit Development (pud) Farm (f) Light Manufacturing (m1) 0240 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 197 of 241 Attachment 4 2017-18 Council Packet Page Number 198 of 241 J2, Attachment 5 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Academy for Sciences and Agriculture hasapplied for a conditional use permitrevisionto operate a public charter schoolat1194 County Road C East. WHEREAS, conditional use permits are required for educational institutionsand can be located within any zoning district within the city. WHEREAS, this permit applies to the site at1194 County Road C East. The legal description is: Lots 1, 2, and 3, Block 1, Speiser's Arbolada And The Northerly3 feet of Lot 12 and all of Lot 3,except theNorth75 feet thereof, Block 1, Speiser's Arbolada And Except the North 180 feet thereof, the East 101.50 feet of the West134.5 feet of Lot 1, W.H.Howard's Garden Lots And Except the Easterly 10feet thereof, all right, title and interest inthe street adjoining the North180feet of the East 101.50 feet of the West 134.50 feet of saidLot 11 in said l\\V. 1-1.W.H.Howard's Garden Lotsin the event said street be vacated. Together with those portions of the adjoining streetaccruingtheretoby reason of the vacation thereof And Except that part of the East 101.50 feet of the West 134.5 feet ofLot 11, W.H.Howard's Garden Lots,according to the plat thereof on fileand of record in the Officeof the RamseyCounty Recorder, which lies Southerly of a line 30 feetSoutherly of and parallel to the following, described line: Commencing at the Northeast corner of Section9, Township 29, Range 22; thence West, assumed bearing, along the North line of said Section 9 adistance of 498.57 feet; thence South a distance 43feet to thebeginning of said linethence South 83 feet thence Southwesterly along a tangential curve, concave to the Northwest, the central angle being 90 degrees, radius 300 feet, a distanceof 471.24 feet to a point thence Southwesterlyalong a tangentialcurve, concavetothe Southeast, the central angle being 89 degrees 13 minutes 15seconds, radius 283.60 feet, a distance of4341.62 feet and there terminating. WHEREAS, the history of this conditional use permit is as follows: 1.On September 19, 2017, 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 approvetheconditional use permit. Council Packet Page Number 199 of 241 J2, Attachment 5 2.On September 25, 2017, 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,electricalinterference 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 minimal adverse environmental effects. Approval is subject to the following conditions(additions are underlined and deletions are crossed out: 1.This permit shall be subject to review after one year from the date of approval, based on the procedures in City Code. 2.The owner/operator acquiring all necessary approvals and licenses from the state of Minnesota to operate the day care facility or school facility. 3.The day care center or school facilitybe maintained and operated in such a manner as to not create any nuisances for nearby properties. 4.A building permit shall be submitted for review and approval by the Building Official, prior to any construction activities on the subject property. Council Packet Page Number 200 of 241 J2, Attachment 5 5.Any change of use to the building shall be submitted to the City Planner and Building Official for approval. The Maplewood City Council __________ this resolution on September 25, 2017. Council Packet Page Number 201 of 241 J3 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Martin, AICP, Economic Development Coordinator DATE: September 20, 2017 SUBJECT:ConsiderApproval of a Side-Yard Setback Variance, 425 Laurie Road East Introduction Lola Sykes is proposing to expand the ground floor living area of the house at 425 Laurie Road East. The property is zoned R-1, Single Family Residential. Living space is required to maintain a ten-foot side yard setback within the R-1 zoning district. Ten feet of the proposed addition will extend from the garage wall and roof line and setback six feet from the side property line instead of the ten-foot setback required by the city code – maintainingthe garage setback line will allow the accommodation ofa handicap accessible bathroom.The remaining portion of the proposed addition would meet the city’s setback requirement. Request City code allows variance requests of five feet or less in the R1 – Single Dwelling to be approved administratively. However, the applicant must also submita petition signed by 100 percent of the adjacent landowners approving the variance. The applicant in this case is not able to get 100 percent approval thus requiring city council review. The applicant is requesting a four-foot side yard setback variance for a portion of anaddition to her home at 425 Laurie Road East. Background The applicant purchased the house at 425 Laurie Road in August 2016. Since that time the applicant’s adult special needs daughter and two of her adult special needs friends have occupied the upper bedrooms, while Ms. Sykes has resided in the lower level of the home. Ms. Sykes helps herdaughter and her daughter’s friends with their day-to-day living needs. To better accommodate their living situation, Ms. Sykes is proposing to build the addition on the rear of the home toserve as her living quarters. Discussion Variance State Law State law requires that variances shall only be permitted when they are found to be: 1.In harmony with the general purposes and intent of the official control; 2.Consistent with the comprehensive plan; Council Packet Page Number 202 of 241 J3 3.When there are practical difficulties in complying with the official control. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. The plight of the landowner is due to circumstances unique to the property not created by the landowner and the variance, if granted, will not alter the essential character of the locality. The applicant originally requested a four-foot variance for the entire 42-foot long proposed home addition. At the July 18, 2017 planning commission meeting, a motion to approve the variance request failed by a 2-5 vote. After the planning commission meeting, the applicant revised her plans and is now requesting variance approval for only 10 feet of the overall addition to accommodate a handicap accessible bathroom. The remaining 32 feetof the proposed addition would meet thecity’s setback requirements. Original Addition Proposal–RevisedAddition Proposal– Red area indicates variance area; Red area indicates variance area; green area indicates addition bluearea indicates addition meetingsetbackrequirements. meeting setbackrequirements. The applicant’s letter that was submitted with the revised proposal and the letter she submitted from her architect indicates there are difficulties in siting an additional bathroom elsewhere on the property due to the existing location of plumbing hookups, the slope needed for the sewer line and the existing furnace system. Staff believes these constraints need to be considered when applying the state’s variance statute against the applicant’s request. City staff feels the applicant made an effort after the July 18, 2017 planning commission meeting to respond to the concerns the commission expressed. The applicant has greatly reduced the area being requested approval for a setback variance. The only setback variance being requested is for the portion of the addition where an accessible bathroom would be constructed. Department Comments Building Official, Jason Brash Build per 2012 IRC, 2012 IMC, 2012 IFGC, 2014 NEC, 2012 Minnesota State Plumbing Code, and 2015 Minnesota Building Code. Council Packet Page Number 203 of 241 J3 Demonstrate compliance with all the requirements of the 2012 Minnesota Energy Code. Permits are required for building, plumbing, mechanical, and electrical. Shall comply with exterior wall requirements for fire rating per 2012 IRC section 302. Citizen Comments Staff resurveyed the adjacent property owners of the proposed project for their opinion about this proposal. Staff received five newresponses. The responses below are only what staff has received since the revised proposal was made. Against 1.At the last meeting 7 different neighbors closest to Lola's home were there to opposing this, not one actual neighbor spoke in favor of this variance or the addition. This was also voted down by the majority of planning committee. We as neighbors have been welcoming and helpful to Lola, my husband has done multiple favors for her, she came over this week to ask for another favor and to inform him she was applying for the variance a 2nd time, she also said that she would put up a privacy fence if she gets the variance, then said "that if she didn't get it, that I would be building up and I would be looking over our whole back yard" and that she wouldn't be putting up any fence. We feel this is a threat and must be taken into consideration. We aren't trying to be difficult we haven't been disrespectful, were just trying to protect our privacy and everyone agrees that this should never be allowed. As 30 plus year residents of our home we have never had a dispute with any of our neighbors. This situation has caught us totally off guard, we never thought something like this would ever be possible. Our home is between 2 group homes and now lola is he asking us to give up our private backyard, by building a 800 sq ft home down our fence line only 200 feet shorter than the original home. This seems crazy. We also have special needs children in our families, we do understand many of the challenges, but Lola's current arrangement really seems ideal, she has the ability to know her daughter is a being well cared for as well as come and go as she please, since her 24 hr staff are the ones in charge of her daughters daily needs. As you may know Lola's home has a large existing addition and this new proposed addition is in no way harmonious with this neighborhood, it would greatly detract from the character of the neighborhood, since we all have ramblers on the front part of our lots. This isn't just an addition in reality it's an entire new home at 800 sq ft with a kitchen, bath, laundry, entry way, bedroom and living room. Wouldn't this be considered a second dwelling? We are completely against the variance and the entire plan as it stands and ask that approval for this variance and second home be denied. When Lola bought this home less than a year ago she knew what she was buying and planning, she could of gotten approval before hand. She commented on how the City of Maplewood has much looser restrictions compared with where she lived before, I believe she thought she could do whatevershe wanted.If Lola chooses to rent her home out as a group home thats her choice but building a second home on this lot would be completely intrusive to many and detract from the neighborhood as a whole. Unlike remodeling space in her basement to make herself comfortable or adding abedroom upstairs, these are just a few options. Council Packet Page Number 204 of 241 J3 Lola is worried she can’t walk stairs in the future or she wants to "live above ground" Then this may not of been the right home for her. But Lola knew what she was getting into when she bought her home anddecided to make the main part of the house a group home. Again, these are her choices and we shouldn't have to suffer the consequences of her choices. They do have stair lifts that could solve the problem of walking the steps if she needs help in the next 20-30 years. We are seriously considering taking legal action if any of this is addition/second home is approved. (Mary Pundsack, 415 Laurie Road East) 2.With 4 handicap operations in our neighborhood and with the additional traffic with bus, vehicle movements, street parking, etc. What might become of our property valuation, our concern is with a devalued value when time comes for us to see our home, as wehave lived here for 62 years. We reject the revised proposal in your August 29, 2017 revision. Lola does not need a apartment added to her house. She said she was going to have a apartment in her basement. (Lawrence and Laverne Brilla, 433 Laurie Road East) 3.I am writing in response to a letter that was sent to some of my neighbors about the revised single family residence variance at 425 Laurie Rd East.After the planning commission hearing which I and others attended I asked that we benotified when the city council would be looking into the matter. None of us was evernotified. Now the same neighbors that received the first notice have received a second revised notice. You need to know that there are more neighbors involved than just the 3 that got the notice.I can see that she is making an effort to get within city guidelines but I have to wonderwhy she has to build not just an addition on to the house but what looks to me like anapartment complete with kitchen and bath. I believe you need to takea good look at notonly the new plans but also the layout of the existing home. It looks to me like her newkitchen is going to be a whole 15 ft (if that) from kitchen in the main house. I know that this meeting has to do with a variance to build an addition but it needs to be looked at as a whole. If all she wanted was to have a place with one level where she couldlive with her daughter why did she have 2 more special need adults move in? Whichforced her to move into the basement. HER CHOICE. I know you do not want to hear this but you need to find out how much she is paid for having the 2 others live there. I am sure the city, County or State is paying for the care of all three and paying her rent for 2 or all 3 to stay there.I believe I can speak for the neighbors involved and say she would be more thanwelcome if it was just her and her daughter, with a care giver living in the house but whatshe has done is way over the top. Thanks for the opportunity to hear my side. (Mike Savard, 2202 Clark Street) 4.We are sympathetic with our neighbors at 415 and 433 Laurie Road and dislike the constant movement of cars and vehicles parked on our side lot of Laurie Road and can Council Packet Page Number 205 of 241 J3 only imagine the snow plowing problems in certain time. We object to the variance. (Joanne V Lunzer, 2199 Clark Street North) Comments 1.It does not affect us. (Grant and Susanne Farnsworth, 416 Lark Avenue East) Budget Impact None. CommissionReview Planning Commission July 18, 2017: The Planning Commission held a public hearing for the variance. A motion to recommended approval of the side yard variancefailed by a 2-5 vote. September 19, 2017: The Planning Commission held a secondpublic hearing for the revised variance requestand recommended approvalby a 6-0 vote. Reference Information Site Description Site size: .53 acres Existing land use: Single Family House Surrounding Land Uses North: Single Family Homes South: Single Family Homes West: Single Family Homes East: Single Family Homes Planning Land Use Plan designation: Low DensityResidential Zoning: R1 – Single Dwelling Application Date The application for this request was considered complete on June 14, 2017. State law requires that the city decide on these applications within 60 days, or if that timeline cannot be met the City must extend the application in writing, requesting an additional 60 days. The 60-day original deadline for City Council action wasAugust 13, 2017. The city did extend the review of this application by an additional 60 days meaning the revised deadline is now October 12, 2017 Council Packet Page Number 206 of 241 J3 Recommendation Approve the attached resolution authorizing a four-foot side yard setback variance for 425 Laurie Road East for a portion of the proposed expansion of the ground floor living area of the houseto allow for an accessible bathroom. Approval is based on the following reasons: 1.Strict enforcement of the ordinance would reduce the proposed addition by four feet reducing the size of the new living spaceand eliminating the ability to provide for an accessible bathroom. 2.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the variance shall be subject to the following: 1.The house at425 Laurie Road East is to be used as single family dwelling only. The new living space shall not be rented or used as a second dwelling. 2.The approved variance space is for the accessible bathroom only. No other side yard setback variances have been approved. 3.Prior to the issuance of any building permits, applicant must submit building plans that demonstrate how the new addition area will be accessible to the existing portions of the home. Attachments 1.Overview Map 2.Applicant’s Statement 3.Applicant’s Architect Letter 4.Applicant’s Revised Plan 5.Planning Commission Minutes, July 18, 2017 6.Variance Resolution Council Packet Page Number 207 of 241 Attachment Ground Floor Expansion 425 Laurie Road East City of Maplewood Information Overview Map Legend ! I Parcel 0120 Feet Source: City of Maplewood, Ramsey County Council Packet Page Number 208 of 241 Attachment 2 Council Packet Page Number 209 of 241 Attachment 3 Council Packet Page Number 210 of 241 Attachment 4 Council Packet Page Number 211 of 241 Attachment 5 MINUTESOF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 18,2017 7:00 P.M. 5.PUBLIC HEARING b.7:00 p.m. or later: Consider Approval of a Side-Yard Setback Variance, 425 Laurie Road i.Economic Development Coordinator, Michael Martin introduced the item for the Consideration of Approval of a Side Yard Setback Variance, 425 Laurie Road East and answered questions of the commission and answered questions of the commission. ii.Planning Intern, Jane Adade gave the report for the consideration of approval for the Side Yard Setback Variance at 425 Laurie Road East and answered questions of the commission. iii.Applicant and Maplewood resident, Lola Sykes, 425 Laurie Road East, Maplewood addressed and answered questions of the commission. Chairperson Arbuckle opened the public hearing. 1.Gary Pundsak, 415 Laurie Road East, Maplewood, spoke against the proposal. 2.Laverne Brilla, 433 Laurie Road East, Maplewood, spoke against the proposal. 3.Greg Zackner, refused to give his address and spoke against the proposal. 4.Benusi Maduka, 2625 Southlawn Drive North, Maplewood spoke regarding the proposal. 5.Jim Wise, 2199 Clark Street N., Maplewood spoke against the proposal. 6.Mike Savard, 2202 Clark Street N., Maplewood, spoke against the proposal. Chairperson Arbuckle closed the public hearing. moved to approvethe resolution authorizing a four-foot side yard setback Commissioner Dahm variance for 425 Laurie Road East for the expansion of the ground floor living area of the house. Approval is based on the following reasons: 1.Strict enforcement of the ordinance would reduce the proposed addition by four feet reducing the size of the new living space. 2.Approval would meet the spirit and intent of the ordinance with the expansion of the house at 425 Laurie Road East. The use of the property as a single family residence will remain the same as zoned and guided in the City’s comprehensive plan as residential. Approval of the variance shall be subject to the following: The house at 425 Laurie Road East is to be used as single family dwelling only. The new living 1. space shall not be rented or used as a second dwelling. Seconded by Chairperson Arbuckle.Ayes – Chairperson Arbuckle & Commissioner Dahm Nays – Commissioner’s Desai, Donofrio, Eads Kempe & Ige The motion failed. Council Packet Page Number 212 of 241 J3, Attachment 6 VARIANCE RESOLUTION WHEREAS, Lola Sykesapplied for a variance from a required 10-foot side yard setback. WHEREAS, this variance applies to the property located at 425 Laurie RoadEast, Maplewood, MN. The property identification number is 08-29-22-33-0015. The legal description is Lot 6, Block 30, Dawsons Suburban Acre Lots, Ramsey County, Minnesota. WHEREAS, Section 44-108of the City’s ordinances (District Regulations) requires a side yard setback of at least ten (10)feetto any covered part of a dwelling. WHEREAS, the applicantis proposing to extend the ground floor living area to thewest side of the house, six (6) feet from the property line, requiring a 4-foot side yard setback variance WHEREAS, the history of this variance is as follows: 1.On September 19, 2017, the Planning Commission held a public hearing to review this proposal.City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gaveeveryone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the city staff. The Planning Commission recommended approval of the side yard setback variance to the City Council. 2. The City Council held a public meeting on September 25, 2017, to review this proposal. The City Council considered the report and recommendations of the city staffand the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council _________the above- described variance based on the following reasons: 1.Strict enforcement of the ordinance would reduce the proposed addition by four feet reducing the size of the new living spaceand eliminating the ability to provide for an accessible bathroom. 2.Approval would meet the spirit and intent of the ordinance with the construction of a new single family house on a vacant lot that is zoned and guided in the City’s comprehensive plan as residential. Approval of the variance shall be subject to the following: 1.The house at 425 Laurie Road East is to be used as single family dwelling only. The new living space shall not be rented or used as a second dwelling. 2.The approved variance space is for the accessible bathroom only. No other side yard setback variances have been approved. 3.Prior to the issuance of any building permits, applicant must submit building plans that demonstrate how the new addition area will be accessible to the existing portions of the home. The Maplewood City Council ______________this resolution on September 25, 2017. Council Packet Page Number 213 of 241 J4 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Steven Love, City Engineer / Deputy Public Works Director DATE: September15, 2017 SUBJECT:Roselawn and Edgerton Intersection Improvements, City Project 16-24 a.Consider ApprovalofaResolution Ordering Preparation of Feasibility Study b.Consider Approval to Authorize Design Services for Intersection Improvements Introduction The City Council will consider initiating an intersection improvement project at the intersection of RoselawnAvenue and Edgerton Street, by approving the attached resolution ordering the preparation of a feasibility studyof the Roselawn and Edgerton Intersection Improvements, City Project 16-24.Additionally, the City Council will consider authorizing to proceed with design services for the intersection improvements. Background Thisproject is located at the intersection ofRoselawn Avenue and Edgerton Street (CSAH 58). Roselawn Avenue isclassified asa Major Collector and Edgerton Street as an A-Minor Reliever to I-35E. Both intersecting roadways have 30 MPH posted speeds. Adjacent land uses include an elementary school, a cemetery, and varioustypes of residential property. Currently, the intersection is controlled by a traffic signal and has single lanes of approach from each direction. The north, west, and east legs approaching the intersection enter on downgrades while the south leg approaches the signal on an upslope. Grades and vegetation, primarily in the northwest and northeast quadrants, limit intersection sight distance to the point where right turns on red are notpermitted for eastbound or southbound traffic.Although ADA ramps have been installed, the only designated pedestrian connection from theintersection to the school is by taking stairs up from the northwest corner. Over a three year period from 2012 to 2015, the intersection experienced 15 crashes, including a fatality which involved a motorcyclist. Out of the 15 reported crashes, 9 of them were right angle collisions and 4 resultedininjuries or fatalities. Discussion The City of Maplewood is proposing the construction of a compact roundabout at the intersection of Roselawn Avenue and Edgerton Street (see Project Location Map). Proposed improvements include the following: Convert intersection from a traffic signal to a compact roundabout Install ADA accessible connection from intersection to Edgerton Elementary School, the cemetery, and also to the existing pedestrian facility in the SW quadrant Council Packet Page Number 214 of 241 J4 The attached Intersection Layoutprovidesadditional design detail.Theseimprovements are intended to improve the safety and functionality of the intersection for motorists and pedestrians. With the proposed project improvements, converting the intersection from a traffic signal toa compact roundabout will increase driver safety by decreasing the number and severity of crashes expected. The City of Maplewood Parks & Recreation Director, the Ramsey County Director of Public Works/County Engineer, and the Principal of Edgerton Elementary School have submitted letters of support for the improvements at this intersection (see attached letters). In September 2016, the City of Maplewood and its consultant Bolton & Menk submitted a grant applicationtothe Minnesota Department of Transportation (MnDot)for funding as part of their 2020-2021 Highway Safety Improvement Program (HSIP). On February 10, 2017 the City of Maplewood was awarded a grant of $679,500. On August 1, 2017 the Ramsey County Board of Commissioners passed a resolutionadding this proposed project to their Transportation Improvement Plan (TIP). The county has agreed to be a partner on this project and contribute tothe project’s local match requirements. If this project moves forward a formal agreement between the City of Maplewood and Ramsey County will be brought to the City Council for approval prior to awarding any contracts. The proposed 2018-2022 Capital Improvement Plan (CIP) shows this project being designed in 2018 and constructed in 2019. Staff is recommending to begin feasibility level design in 2017 in order to provide additional time to work with residents, the school district, and neighboring property owner.Bolton & Menk hassubmitted a work order agreement for the feasibility study, preliminary design, and final design in the amount of $131,744.00. Budget Impact An initial budget of $100,000 is proposed for this project to complete the feasibility study and preliminary design plans. City staff and Bolton & Menk will commence withsoil borings, preliminary surveying, appraisal analysis, neighborhood meetings, and all other tasks associated with preparing the feasibility study. The main funding sources for this project are the HSIP grant, Ramsey County funds, the environmental utility fund, the sanitary sewer fund, along with Local Government Aid. Recommendation It is recommended the City Council: a.Approve the resolution ordering the preparation of a feasibility study for the Roselawn and Edgerton Intersection Improvements, CityProject 16-24 b.Authorizedesign services for intersection improvementsat the intersection of Roselawn Avenue and Edgerton Street, and further authorizethe Mayor and City Manager to sign the attached work order with Bolton and Menk, Inc. Attachments 1.Resolution Ordering Preparation of Feasibility Study 2.Proposed Work Order for Design Services 3.Project Location Map 4.Intersection Layout 5.Lettersof Support Council Packet Page Number 215 of 241 J4, Attachment 1 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make intersection improvements to theintersection of Roselawn Avenue and Edgerton Street,andis hereby calledtheRoselawn and Edgerton IntersectionImprovements, City Project 16-24, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the City Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible, and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $100,000 are appropriated to prepare this feasibility report. th Approved this 25day of September, 2017. Council Packet Page Number 216 of 241 J4, Attachment 2 WORK ORDER NO. 20 ROSELAWN AVE / EDGERTON STREET COMPACT ROUNDABOUT CITY PROJECT NO. 16-24 CITY OF MAPLEWOOD and BOLTON & MENK, INC. Work Order No. 20, made this _____day of September 2017, by and between the CITY OF MAPLEWOOD, 1830 East County Road B, Maplewood, Minnesota 55109 (“CLIENT”) and BOLTON & MENK, INC.,2035 County Road D East, Suite B, Maplewood, Minnesota 55109 (“CONSULTANT”) is an addendum to the original Master Agreement between the City and Bolton & Menk, Inc. dated May 21, 2012 (“Master Agreement”). All provisions of the Master Agreement shall apply to this Work Order except and unless specifically modified herein. SECTION I – SCOPE OF WORK CLIENT, together with Ramsey County, has jurisdiction over the intersection of Roselawn Avenue and Edgerton Street. CLIENT, with the support of Ramsey County, wishes to have prepared design plans and specifications for improvements at this intersection. CONSULTANT agrees to perform Engineering design services on behalf of CLIENT. These services include the following tasks which are detailed on the attached proposal: Task 1 – Topographic Survey Task 2 – Permitting Task 3 – Preliminary Design Task 4 – Final Design SECTION II - SCHEDULE It is anticipated Work by CONSULTANT will begin in October 2017 and will be substantially completed in January 2019. SECTION III - COMPENSATION FOR SERVICES Compensation for these engineering services shall be on an hourly basis in accordance with the 2017 Schedule of Fees, or such Schedule as may be subsequently revised and accepted, in writing, by CLIENT in accordance with Section III.A.2 of Master Agreement. Estimated budget for the Work shall be as shown on the fee table attached to this document. Estimated total cost for the Work is$131,744.00. City of Maplewood Page 1 of 2 Council Packet Page Number 217 of 241 J4, Attachment 2 SECTION IV - SIGNATURES THIS INSTRUMENT embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Work Order may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CLIENT: City of Maplewood CONSULTANT: Bolton & Menk, Inc. Nora Slawick Mark D. Kasma, P.E. Mayor Senior Principal Engineer CLIENT: City of Maplewood Melinda Coleman City Manager CLIENT: City of Maplewood Steve Love, P.E. Deputy Public Works Dir./City Engineer City of Maplewood Page 2 of 2 Council Packet Page Number 218 of 241 J4, Attachment 2 Council Packet Page Number 219 of 241 J4, Attachment 3 ForestLawnCemetery RoselawnAvenue ProjectLocation Map EdgertonAvenue Location EdgertonElementarySchool Council Packet Page Number 220 of 241 J4, Attachment 4 Layout HSIP Application - Attachment B Intersection Council Packet Page Number 221 of 241 J4, Attachment 5 Council Packet Page Number 222 of 241 J4, Attachment 5 August 25, 2016 Michael Thompson Public Works Director City of Maplewood 1902 E. County Road B Maplewood, MN 55109 PROPOSED HIGHWAY SAFETY IMPROVEMENT PROJECT, INTERSECTION OF EDGERTON STREET (RAMSEY COUNTY STATE AID HIGHWAY 58) AND ROSELAWN AVENUE Dear Mr. Thompson: Ramsey County supports the City of Maplewood’s efforts to secure HSIP funding for improvements to the Roselawn Avenue/Edgerton Street intersection. The City’s proposal to reconstruct the intersection as a compact urban roundabout is, in our estimation, a sound engineering solution to the issues at the intersection and will promote safer and more efficient operation than the outdated traffic signal that is present. If funds are secured, we look forward to working with the City as the design progresses and will add the project to our five-year Transportation Improvement Program to secure our share of the local cost. Sincerely, Director of Public Works/County Engineer Council Packet Page Number 223 of 241 J4, Attachment 5 Council Packet Page Number 224 of 241 J5 MEMORANDUM TO: Melinda Coleman, City Manager FROM:Steven Love,Acting Director of Public Works/ City Engineer DATE: September 15, 2017 SUBJECT:Consider Approval of Joint Powers Agreement with the Ramsey Washington Metro Watershed Districtfor the Wakefield Lake Spent Lime Treatment System, City Project No. 15-17 Introduction The City Council will consider approving the attached joint powers agreement (JPA) defining the obligations and responsibilities for the proposed Wakefield Lake spent lime treatment system, City Project No. 15-17, between the City of Maplewood and the Ramsey Washington Metro Watershed District (RWMWD). Background/ Discussion The RWMWD is proposing to construct a spent lime stormwater runoff treatment system on unimproved City of Maplewood land located at the southwest corner of Frost Avenue and Kennard Street. Impaired waterbodies in fully developed urban watersheds, such as Wakefield Lake, require innovative ways to remove substantial watershed phosphorus loads (particularly dissolved phosphorus loads) safely and cost-effectively. Spent lime, a common by-product of municipal drinking water treatment, is an effective filtration medium. RWMWD proposes to use this technology in a regional stormwater treatment project at the southwest corner of the intersection of Frost Avenue and Kennard Street. This project will directly benefit Wakefield Lake, which is impaired for excess phosphorus. Additionally, the project will also improve the existing stormwater filtration basin located on the city’sproperty.The total maximum daily load study (TMDL) showed that there needs to be a reduction of 49 pounds of phosphorous annuallyto meet the standards established by the MinnesotaPollution Control Agency (MPCA) for shallow lakes.It is estimated that this project will be able to remove 12.5 of phosphorous annually. This will be abig step towards improving the water quality of Wakefield Lake and meeting the TMDL requirements. The property is owned by the City of Maplewood and is currently a turf lot with a large filtration basin covering the south portion of the property(see attached location map). The proposed spent lime filtration system consistsof a concrete vault, fully buried, with four access manholes.The system will accept diverted stormwater flows from an existing 42” stormwater pipe. The stormwater is then filtered through the spent lime media where dissolved phosphorus is chemically retained. The filtration system will be monitored and maintained bythe RWMWD in perpetuity. The surrounding filtration basin will be cleaned of sediment and revegetated with hardy perennial plants and shrubs chosen to balance maintenance requirements and to provide an aesthetic enhancement to the site. Council Packet Page Number 225 of 241 J5 With the help of an approved BWSR Clean Water Legacy Fund Amendment Grant and corresponding matching RWMWD funds the RWMWD is planning on construction beingcompleted by the end of the 2018 construction season.Upon City Council approval, the City of Maplewood and RWMWD will enter into a JPAthat will detailthe proposed project, RWMWD funding, and RWMWD maintenance responsibilities. A letter was sent out to residents that surround the City’s property explaining the proposed project and offering to setup individual meetings to discuss the project and answer any questions. A second letter was sent out to properties within 500 feet of the City’s property explaining the proposed project and inviting them to attend the Environmental & Natural Resource Commission (ENRC) meeting. On January 27, 2016 the ENRC recommended the Frost/Kennard spent lime stormwater treatment system for Wakefield Lake. BudgetImpact There areno budget impacts.This project is 100% funded by BWSR Clean Water Legacy Fund Amendment Grant and corresponding matching RWMWD funds. Additionally, RWMWD is responsible for allsite restoration associated with theconstructionproject along with all futuremonitoring and maintenance activities. Recommendation Staff recommends that the City Council approve the attached Joint Powers Agreement with the Ramsey Washington Metro Watershed District for the Wakefield Lake Spent Lime Treatment System, City Project No. 15-17. Attachments 1.Joint Powers Agreement 2.Location Map Council Packet Page Number 226 of 241 J5, Attachment 1 JOINT POWERS AGREEMENT WAKEFIELD LAKE SPENT LIME TREATMENT SYSTEM RAMSEY-WASHINGTON METRO WATERSHED DISTRICT AND CITY OF MAPLEWOOD This joint powers agreement (the “Agreement”) is entered into this _____ day of _______________, 2017by and between the Ramsey-Washington Metro Watershed District (“RWMWD”), a watershed districtunder the laws of Minnesota and the city of Maplewood (“Maplewood”),a municipal corporationunder the laws of Minnesota, pursuant to the provisions of Minnesota Statutes, section 471.59 (the “Joint Powers Act” or “JPA”). WHEREAS, Wakefield Lakeis located in Maplewood; and WHEREAS, Maplewood owns property located at the southwest intersection of Frost Avenue and Kennard Street, PID No. 152922420001, (the “Property”), which is depicted on Exhibit A attached hereto; and WHEREAS, RWMWD was awarded a Clean Water Legacy Grant (the “Grant”) by the Minnesota Board of Water and Soil Resources (“BWSR”) for a project designed to reduce the nutrient load to Wakefield Lake (the “Project”); and WHEREAS, RWMWD and Maplewood wish to enter into this Agreement for the purpose of specifying their respective obligations and responsibilities in implementing the Grant and construction of the Project. NOW, THEREFORE, in consideration of the mutual undertakings herein expressed, the parties agree as follows: 1.Purpose. The purpose of this JPA is to specify the duties of the parties as they implement the Grant and construct the Project. It is also intended to address the responsibilities of the parties for long-term operation and maintenance of the facilities and improvements to be constructed under the Project. 2.Description of Project. The Project will be constructed on the Property. The Project is described in detail in the work plan approved by BWSR in connection with the award of the Grant but generally consists ofconstructing a spent lime treatment system (the “System”). A general depiction of the Project is included on Exhibit B attached hereto. 506777v2 RHBMA745-2 1 Council Packet Page Number 227 of 241 J5, Attachment 1 3.Cost. The estimated cost of the Projectis $375,000, including construction costs and an allowance for construction contingency and soft costs. RWMWD shall be responsible for all costs of the Project. Maplewood’scontributions to the Project shall consist solely of allowing construction of the Project on the Property. 4.Completion of Grant. The Grant has been awarded by BWSR to RWMWD. RWMWD represents it has entered into the necessary grant agreement with BWSR to secure funding for the Project. 5.Design and Construction of the Project. RWMWD shall be responsible for the design and construction of the Project and the parties agree as follows: a.RWMWD shall plan and design, advertise and receive bids, award the contract, administer the construction and conduct inspections of the Project. b.Maplewoodgrants to RWMWD the right to use the Property for the Project. Maplewood agrees to cooperate with RWMWD in the construction and completion of the Project. c.RWMWD and Maplewood agreeto notify and coordinate access and other matters with the owners of affected properties regarding the construction schedule of the Project. d.RWMWD shall insure that its contractor shall name Maplewood as an additional insured. 6.Indemnity and Liability. Each party agrees to indemnify and hold harmless the other from any claims, losses, costs, expenses or damages, including reasonable attorney fees, resulting from the acts or omissions of the respective officers, agents or employees of the indemnifying party to the extent such acts or omissions relate to activities conducted by the indemnifying party under this Agreement or in the construction of the Project. Nothing herein shall be deemed a waiver of any statutory or common law limitations on liability available to either of the partiesand no third party may stack claims against both parties. 7.Operations and Maintenance. Operations and maintenance of the System constructed pursuant to the Project will be the sole responsibility of RWMWD. Maplewood grants RWMWD the right to enter onto the Property and to inspect the monitoring devices and other components of the System. In exchange, RWMWD agrees not to cause any damage to the Property. If damage occurs as a result of RWMWD’s actions, RWMWD shall repair the Property to the same or similar condition. 8.Phosphorous Removal. A water quality model has been created for the Project which predicts that approximately 12.5pounds of phosphorous will be removed annually from Wakefield Lake. A total maximum daily load study (“TMDL 506777v2 RHBMA745-2 2 Council Packet Page Number 228 of 241 J5, Attachment 1 Study”) has been conducted for Wakefield Lake which indicatesgrowing season total phosphorousreductions of 49 pounds from external sources will be required to achieve the shallow lake water quality standards. This best management practice is one of those external projects suggested by the TMDL Study.It will achieve approximately 25% of the total maximum daily load goals for reduction from external sources (12.5 pounds). 9.Notices. For the purpose of delivery of any notice required by this Agreement, notice shall be effective if delivered certified or registered United States mail, return receipt requested, postage prepaid or hand delivered to: a.As to Maplewood: City of Maplewood 1830 County Road B East Maplewood, MN 55109-2702 Attn: City Manager b.As to RWMWD: Ramsey-Washington Metro Watershed District 2665 Noel Drive Little Canada, MN 55117 or at such other address as either party may notify the other in accordance with this section 9. 10.Entire Agreement.This Agreement contains the entire agreement between the parties and supersedes all oral agreements and representations between the parties relating to the subject matter thereof. Any alteration, variation, modification or amendment of this Agreement shall be valid only if in writing and executed by both parties. 11.Data Practices.All documents regarding the Project shall be handled in accordance with the Minnesota Data Practices Act. 12.Conflict of Interest.Each party, to the best of its respective knowledge, represents and agrees that no member, official or employee shall have any personal interest, direct or indirect, in this Agreement or the Project nor shall any member, official or employee participate in any decision relating to this Agreement or the Project which affects his or her personal financial interests or the interest of any corporation, partnership or association in which he or she is, directly or indirectly, interested. 13.Titles of Sections. The titles of sections of this Agreement are inserted for convenience of reference only and shall be disregardedin constructing or interpreting any of the provisions hereof. 506777v2 RHBMA745-2 3 Council Packet Page Number 229 of 241 J5, Attachment 1 14.Severability. If any term or provision contained in this Agreement is declared to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the fullest extent permitted by law. 15.Equal Opportunity. The parties agree that in the construction, operation and maintenance of the Project they will comply with all applicable federal, state and local non-discrimination and equal employment laws and regulations. 16.Governing Law. This Agreement shall be interpreted under the laws of Minnesota. 17.Counterparts. This Agreement may be executed in anynumber of counterparts, each one of which will constitute one and the same instrument. 18.No Waiver. In the event that any provision contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. IN WITNESS WHEREOF, RWMWD and Maplewood have caused this Agreement to be executed on their behalves on the date first written above. RAMSEY-WASHINGTON METRO WATERSHED DISTSRICT By: Its: Date: 506777v2 RHBMA745-2 4 Council Packet Page Number 230 of 241 J5, Attachment 1 CITY OF MAPLEWOOD By: Nora Slawik, Mayor Date: And by: Melinda Coleman, City Manager Date: This Agreement drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9300 506777v2 RHBMA745-2 5 Council Packet Page Number 231 of 241 J5, Attachment 1 EXHIBIT A Depictionof Property Lot 1, Block 1, MARYKNOLL, according to the recorded plat thereof, Ramsey County, Minnesota. 506777v2 RHB MA745-2 B-1 Council Packet Page Number 232 of 241 J5, Attachment 1 EXHIBIT B Project Depiction See attached Ramsey – Washington Metro Watershed District Plan Set for the Frost/Kennard Stormwater Filter Project. 506777v2 RHB MA745-2 B-2 Council Packet Page Number 233 of 241 J5, Attachment 1 Council Packet Page Number 234 of 241 J5, Attachment 1 ͼ ͼ ͻ ͼ Council Packet Page Number 235 of 241 J5, Attachment 1 Council Packet Page Number 236 of 241 J5, Attachment 1 Council Packet Page Number 237 of 241 J5, Attachment 1 Council Packet Page Number 238 of 241 J5, Attachment 1 3 6 21 2830 INCHES 46282 1012 INCHES PIPE DIAM.MIN. TRENCH WIDTH Council Packet Page Number 239 of 241 J5, Attachment 1 Council Packet Page Number 240 of 241 J5, Attachment 2 KennardStreet Map ProjectLocation Location WakefieldPark FrostAvenue Council Packet Page Number 241 of 241