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Home My WebLink About2018-12-10 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 10, 2018 Maplewood City Hall – Council Chambers Meeting No. 23-18 A. CALL TO ORDER A meeting of the City Council was held at the Maplewood City Hall – Council Chambers and was called to order at 7:00 p.m. by Mayor Slawik. Mayor Slawik reported on the results of the election tie for councilmember and noted the “Maplewood Council race recount won by incumbent” article in the December 5, 2018 issue of the Maplewood Review. She then reported on the process to fill the vacancy after Councilmember Xiong is sworn in with the legislature. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Nora Slawik, Mayor Present Marylee Abrams, Councilmember Present Kathleen Juenemann, Councilmember Present Bryan Smith, Councilmember Present Tou Xiong, Councilmember Present D. APPROVAL OF AGENDA Recycle Your Holidays Police Advisory Commission Statement ISD622 Realtor Event Nature Center Stakeholder Group Meeting MN Mayors Trip to Willmar Councilmember Abrams moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. November 26, 2018 City Council Workshop Minutes Councilmember Juenemann moved to approve the November 26, 2018 City Council Workshop Minutes as submitted. Seconded by Councilmember Abrams Ayes – All The motion passed. December 10, 2018 1 City Council Meeting Minutes 2. November 26, 2018 City Council Meeting Minutes Councilmember Xiong moved to approve the November 26, 2018 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. December 3, 2018 Special City Council Meeting Minutes Councilmember Abrams requested the wording “to her and” be removed from the minutes. Councilmember Juenemann moved to approve the December 3, 2018 Special City Council Meeting Minutes as amended. Seconded by Councilmember Xiong Ayes – All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update City Manager Coleman gave the update to the council calendar, reviewed other topics of concern or interest requested by councilmembers and gave an overview of upcoming events in the community. 2. Council Presentations State of Maplewood Luncheon (added by Councilmember Juenemann) Councilmember Juenemann reported that January 10, 2019 is the State of Maplewood Luncheon. Maplewood Police Department Strategic Plan for 2019 (added by Councilmember Abrams) Councilmember Abrams reported on the meeting she had with the members of the Maplewood Police Department about their 2019 Strategic Plan. ISD622 Major Reorganization (added by Mayor Slawik) Mayor Slawik reported ISD622 is announcing a major reorganization and giving presentations in the community. City Manager Coleman will contact Superintendent Christine Osorio to request she attend a council meeting to give an update on the reorganization. December 10, 2018 2 City Council Meeting Minutes Recycle Your Holidays Councilmember Juenemann reported that strings of holiday lights will be recycled at Maplewood City Hall, 1902 building and Maplewood Community Center/YMCA until January 31, 2018. Police Advisory Commission Councilmember Smith reported on the Police Advisory Commission meetings he attended recently. ISD622 Open House for Realtors and City Leaders Mayor Slawik reported on the ISD622 Realtor Event she and Communications Manager Sheeran attended on December 4, 2018. Nature Center Stakeholder Group Meeting Mayor Slawik reported on the Nature Center Master Plan meeting she attended with the stakeholder focus group. MN Mayors Trip to Willmar Mayor Slawik reported on the trip she went on to Willmar, MN with the MN Mayors. Statement Councilmember Xiong announced that today will be his last council meeting before he moves onto the State Legislature and took a moment to thank everyone. 3. Resolution of Appreciation for Melissa Peck, Community Design Review Board City Manager Coleman introduced the staff report. Councilmember Xiong read the resolution of appreciation for Commissioner Peck. Councilmember Jueneman moved to approve the resolution of appreciation for Community Design Review Board Member Melissa Peck. Resolution 18-12-1633 Resolution of Appreciation WHEREAS, Melissa Peck has been a member of the Maplewood Community Design Review Board since February 13, 2017 and has served faithfully in that capacity until July 17, 2018; and WHEREAS, the Community Design Review Board and the City Council has appreciated Melissa’s experience, insights and good judgment; and WHEREAS, Melissa has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and December 10, 2018 3 City Council Meeting Minutes WHEREAS, Melissa has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Melissa is hereby extended our gratitude and appreciation for her dedicated service. Seconded by Councilmember Abrams Ayes – All The motion passed. 4. Resolution for Commission Reappointments City Manager Coleman introduced the staff report. Councilmember Abrams moved to approve resolution for Commission reappointments. Resolution 18-12-1634 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: Planning Commission: John Eads, Term Expires on 12/31/2021 Allan Ige, Term Expires on 12/31/2021 Seconded by Councilmember Smith Ayes – All The motion passed. G. CONSENT AGENDA Highlight agenda item G3 and pull agenda item G7 to be voted on separately. Councilmember Abrams moved to approve agenda items G1-G6 & G8-G9. Seconded by Councilmember Juenemann Ayes – All The motion passed. 1. Approval of Claims Councilmember Abrams moved to approve the approval of claims. ACCOUNTS PAYABLE: December 10, 2018 4 City Council Meeting Minutes $ 1,309,304.63 Checks #102765 thru #102797 dated 11/27/18 $ 685,806.78 Disbursements via debits to checking account dated 11/19/18 thru 11/23/18 $ 476,120.61 Checks # 102798 thru #102827 dated 11/27/18 thru 12/04/18 $ 591,218.46 Disbursements via debits to checking account dated 11/26/18 thru 11/30/18 $ 3,062,450.48 Total Accounts Payable PAYROLL: $ 613,516.96 Payroll Checks and Direct Deposits dated 11/30/18 $ 1,170.32 Payroll Deduction check # 99103537 thru # 99103538 dated 11/30/18 $ 614,687.28 Total Payroll $ 3,677,137.76 GRAND TOTAL Seconded by Councilmember Juenemann Ayes – All The motion passed. 2. Violent Crimes Enforcement Team Vehicle Lease Agreement Councilmember Abrams moved to approve the vehicle lease agreement with the Violent Crimes Enforcement Team. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Donation to Maplewood Police Reserves from the Ramsey County Sheriff’s Foundation Councilmember Abrams moved to approve the resolution accepting the donation in the amount of $1,000 from the Ramsey Sheriff’s Foundation. Resolution 18-12-1635 Resolution Expressing Acceptance of and Appreciation of a Donation to the Maplewood Police Department WHEREAS , the Ramsey County Sheriff’s Foundation has presented to the Maplewood Police Department a donation in the amount of $1,000; and December 10, 2018 5 City Council Meeting Minutes WHEREAS, this donation is intended for the purpose of the donation is to support the needs of the Maplewood Police Reserve Unit; and WHEREAS, the Maplewood City Council is appreciative of the donation and commends the Ramsey County Sheriff’s Foundation Board for their civic efforts and partnership. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that: 1. The donation is accepted and acknowledged with gratitude; and 2. The donation will be appropriated for the Police Department as designated; and 3. The appropriate budget adjustments be made. Seconded by Councilmember Juenemann Ayes – All The motion passed. 4. Resolution Approving 2019 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees Councilmember Abrams moved to approve the temporary/seasonal and casual part-time pay rates resolution adjusting the minimum wage to reflect the new minimum wage for January 1, 2019. Resolution 18-12-1636 2019 Pay Rates Resolution Temporary/Seasonal & Casual P/T Employees WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time employees effective January 1, 2019 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.86-22.00 per hour Administrative Assistant $9.86-23.00 per hour Background Investigator $25.00-40.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $9.86-15.00 per hour CSO $14.50-19.50 per hour Election Judge $9.86-12.00 per hour Election Judge - Assistant Chair $9.86-15.00 per hour Election Precinct Chair $9.86-16.00 per hour December 10, 2018 6 City Council Meeting Minutes Engineering Aide $9.86-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Maintenance Engineer $14.00-$18.00 per hour Gardener $12.00-22.00 per hour Intern $9.86-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $9.86-15.00 per hour Office Specialist $9.86-18.00 per hour Receptionist $9.86-16.00 per hour Recreation Instructor/Leader $9.86-32.00 per hour Recreation Official $9.86-30.00 per hour Recreation Worker $9.86-18.00 per hour Vehicle Technician $9.86-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour * Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. BE IT FURTHER RESOLVED, this resolution will supersede previous resolutions setting pay rates for these pay classifications; and, BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Juenemann Ayes – All The motion passed. 5. Payment for Eden Systems Yearly Maintenance Support Councilmember Abrams moved to approve the payment for Eden Systems yearly maintenance support. Seconded by Councilmember Juenemann Ayes – All The motion passed. 6. Resolution for 2019 Annual Liquor License Renewals Councilmember Abrams moved to approve the resolution for 2019 annual liquor license renewals for club, off-sale, on-sale and wine. Resolution 18-12-1637 2019 Liquor License Renewals RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Club, Off-Sale, On-Sale and Wine Liquor licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2019, with approvals granted herein subject to satisfactory receipt of renewal documentation with fees submitted: December 10, 2018 7 City Council Meeting Minutes CLUB ON-SALE LICENSE MAPLEWOOD MOOSE LODGE #963 1946 ENGLISH STREET OFF-SALE 3.2 BEER LICENSES CUB FOODS #30244 SUPERAMERICA #4022 100 COUNTY ROAD B WEST 1750 WHITE BEAR AVENUE CUB FOODS #31264 SUPERAMERICA #4089 2390 WHITE BEAR AVENUE 11 CENTURY AVENUE SOUTH MAPLEWOOD KWIK MART 2150 MCMENEMY STREET NORTH OFF-SALE INTOXICATING LIQUOR LICENSES 61 LIQUORS MAPLEWOOD WINE CELLAR 2700 MAPLEWOOD DRIVE NORTH 1281 FROST AVENUE BIG DISCOUNT LIQUOR MERWIN LIQUORS 2515 WHITE BEAR AVENUE 1700 RICE STREET COSTCO WHOLESALE #1021 MGM LIQUOR WAREHOUSE 1431 BEAM AVENUE EAST 2950 WHITE BEAR AVENUE CUB DISCOUNT LIQUOR PARTY TIME LIQUOR 100 WEST COUNTY ROAD B 1835 EAST LARPENTEUR AVENUE HERITAGE LIQUOR LLC SARRACK’S INT’L. WINE & SPIRITS 1347 FROST AVENUE 2305 STILLWATER ROAD MADDIE’S LIQUOR WHITE BEAR LIQUOR 1690 MCKNIGHT ROAD NORTH 2227 WHITE BEAR AVENUE MAPLEWOOD LIQUOR ‘N TOBACCO 2728 STILLWATER ROAD ON-SALE 3.2 BEER LICENSES BAMBU ASIAN CUISINE INDIAN MASALA RESTAURANT 1715 BEAM AVE EAST, SUITE A 27 CENTURY AVENUE NORTH CHIPOTLE MEXICAN GRILL #1438 TASTE OF INDIA 3095 WHITE BEAR AVENUE NORTH 1745 COPE AVENUE EAST ON-SALE INTOXICATING LIQUOR LICENSES 5-8 TAVERN & GRILL KELLER GOLF COURSE 2289 MINNEHAHA AVENUE 2166 MAPLEWOOD DRIVE NORTH ACAPULCO MEXICAN RESTAURANT MCCARRON’S PUB AND GRILL 3069 WHITE BEAR AVENUE 1986 RICE STREET NORTH ARAMARK MYTH 2350 MINNEHAHA AVENUE EAST 3090 SOUTHLAWN DRIVE NORTH BLEECHERS BAR & GRILL OLIVE GARDEN #1200 2220 WHITE BEAR AVENUE 1749 BEAM AVENUE December 10, 2018 8 City Council Meeting Minutes BUFFALO WILD WINGS #118 OSAKA SUSHI & HIBACHI 3085 WHITE BEAR AVENUE 1900 COUNTY ROAD D EAST CHILI’S GRILL & BAR #224 OUTBACK STEAKHOUSE #2412 1800 BEAM AVENUE 1770 BEAM AVENUE CHIPOTLE MEXICAN GRILL #224 RED LOBSTER #0283 2303 WHITE BEAR AVENUE 2925 WHITE BEAR AVENUE CROOKED PINT ALE HOUSE T.G.I. FRIDAY’S #0472 1734 ADOLPHUS STREET 3087 WHITE BEAR AVENUE GOODRICH GOLF COURSE THE DOG HOUSE BAR & GRILL 1820 NORTH VAN DYKE 2029 WOODLYNN AVENUE EAST GULDENS ROADHOUSE THE PONDS AT BATTLE CREEK 2999 NORTH HIGHWAY 61 601 CENTURY AVENUE SOUTH JAKE’S CITY GRILLE TOKYO SUSHI – ALL YOU CAN EAT 1745 BEAM AVENUE EAST 1935 BEAM AVENUE EAST, SUITE 103 ON-SALE WINE/STRONG BEER LICENSES BAMBU ASIAN CUISINE TASTE OF INDIA 1715 BEAM AVENUE EAST, SUITE A 1745 COPE AVENUE EAST INDIAN MASALA RESTAURANT 27 CENTURY AVENUE NORTH Seconded by Councilmember Juenemann Ayes – All The motion passed. 7. Purchase of One Toolcat Work Machine Public Works Director Love gave the staff report. Councilmember Juenemann moved to approve the purchase of one toolcat work machine and direct the Mayor and City Manager to enter into a contract with Tri-State Bobcat for the purchase under MN State Contract E-110(5) in the amount of $53,226.12. Seconded by Councilmember Xiong Ayes – Mayor Slawik, Council Members Juenemann, Smith and Xiong Nays – Councilmember Abrams The motion passed. 8. Contract for Purchase of Gas and Diesel Fuel with the State of Minnesota Fixed Price Fuel Program for 2019 Councilmember Abrams moved to approve to direct the City Manager to enter into a contract with the State of Minnesota Fixed Price Fuel Program for 2019 fuel purchases. December 10, 2018 9 City Council Meeting Minutes Seconded by Councilmember Juenemann Ayes – All The motion passed. 9. Pond-Dorland Area Street Improvements, City Project 16-12 a. Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 b. Resolution Directing Final Payment and Acceptance of Project Councilmember Abrams moved to approve the resolution Directing Modification of Existing Construction Contract, Change Order No. 2, City Project 16-12 and authorize the Mayor and City Manager to sign Change Order No. 2. Resolution 18-12-1640 Directing Modification of Existing Construction Contract, Project 16-12, Change Order No. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Pond-Dorland Area Street Improvement Project, City Project 16-12, 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 Area Street Improvement Project, City Project 16-12, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1. The Mayor, City Manager, and City Engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $106,968.93. The revised contract amount is $1,437,655.76 Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Abrams moved to approve the resolution Directing Final Payment and Acceptance of Project for the Pond-Dorland Area Street Improvements, City Project 16- 12. Resolution 18-12-1641 Directing Final Payment and Acceptance of Project Pond-Dorland Area Street Improvements, City Project 16-12 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Pond-Dorland Area Street Improvement Project, City Project 16-12, and has let a December 10, 2018 10 City Council Meeting Minutes construction contract, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Pond-Dorland Area Street Improvement Project, City Project 16-12, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that City Project 16-12 is complete and maintenance of the improvements are accepted by the City; the final construction cost is $1,437,655.76. Final payment to Park Construction Company and the release of any retainage or escrow is hereby authorized. Seconded by Councilmember Juenemann Ayes – All The motion passed. H. PUBLIC HEARINGS 1. Truth in Taxation and CIP Public Hearing a. Public Hearing b. Resolution Certifying Property Taxes Payable in 2019 c. Resolution Adopting the Budget and Financial Policies for 2019 and the Capital Improvement Plan for 2019-2023 City Manager Coleman introduced the staff report. Finance Director Paulseth gave the presentation. Mayor Slawik opened the public hearing. The following people spoke: 1. Kevin Berglund, Maplewood Resident Mayor Slawik closed the public hearing. Councilmember Smith moved to approve the resolution certifying property taxes payable in 2019. Resolution 18-12-1638 CERTIFYING PROPERTY TAXES PAYABLE IN 2019 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that: The following amounts be levied for property taxes payable in 2019, upon the net tax capacity in the City of Maplewood, for the following purposes: GENERAL FUND $16,138,910 DEBT SERVICE FUNDS 4,676,601 RECREATION PROGRAMS FUND 200,000 CAPITAL IMPROVEMENT FUND 280,000 POLICE VEHICLES AND EQUIPMENT FUND 185,000 December 10, 2018 11 City Council Meeting Minutes City of MAPLEWOOD =================== ADDITIONS ORCERTIFIED ORIGINALDATEPAYABLE 2019REDUCTIONS BYDEBT BOND ISSUES PRINCIPALISSUEDDEBT LEVYRESOLUTIONLEVY ====================================================================================== GO IMP 2007A10,060,0001-Jul-07$ -0.00$ - GO IMP 2007B5,090,00015-Oct-07326,710.51-326,710.510.00 GO IMP 2008A9,970,0001-Jul-080.000.000.00 GO IMP REFUNDING 2009A4,680,0001-Apr-09191,816.26-191,816.260.00 GO IMP 2011A10,000,0001-Jun-11417,553.79-142,083.79275,470.00 FIRE EQUIPMENT REPLACEMENT FUND 60,000 GO 2012A5,780,0001-Jul-12516,366.26-506,366.2610,000.00 GO 2013A refunding6,180,0001-Jun-13445,205.31-50,000.31395,205.00 COMMUNITY CENTER FUND 200,000 GO 2013B refunding3,700,00018-Dec-13756,941.25-0.25756,941.00 GO 2014A 7,745,0001-Aug-14521,505.770.23521,506.00 MAPLEWOOD AREA EDA 100,000 GO 2014B refunding1,255,0001-Aug-14240,975.00-75,975.00165,000.00 GO Imp 2015A refunding3,790,0001-Jan-15406,977.500.50406,978.00 $21,840,511 TOTAL NET TAX CAPACITY LEVY GO 2015B 1,215,0008-Jul-15119,910.00-119,910.000.00 GO 2015C refunding7,990,0008-Jul-15493,756.44-0.44493,756.00 GO 2016A 3,765,0008-Sep-16284,054.000.00284,054.00 BE IT FURTHER RESOLVED that a market value based referendum levy for GO 2016B refunding5,775,0008-Sep-16593,307.50-205,195.50388,112.00 GO Imp Refunding 2017B3,145,00011-May-17546,581.37-0.37546,581.00 property taxes payable in 2019 be levied for the following purpose: GO 2017A3,850,00011-May-17117,929.10124,999.90242,929.00 GO 2018A6,940,00014-Jun-18288,158.31170,999.69459,158.00 ------------------------------------------------------------------- 2013B FIRE SAFETY REFUNDING BONDS $269,089 $6,267,748.37-$1,322,058.37$4,945,690.00 ======================================= TOTAL MARKET VALUE BASED LEVY $269,089 BE IT FURTHER RESOLVED that the total certified City of Maplewood levy is: TOTAL CERTIFIED LEVY $22,109,600 BE IT FURTHER RESOLVED that the scheduled debt service levies have been adjusted as shown below for a total debt service levy of $4,945,690. Seconded by Councilmember Xiong Ayes – All The motion passed. Councilmember Smith moved to approve the resolution adopting the budget and financial policies for 2019, and the capital improvement plan for 2019-2023. Resolution 18-12-1639 ADOPTING THE BUDGET AND FINANCIAL POLICIES FOR 2019 AND THE CAPITAL IMPROVEMENT PLAN FOR 2019-2023 BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota that December 10, 2018 12 City Council Meeting Minutes 201820182018201920192019 FundFundFundOriginal BudgetOriginal BudgetOriginal BudgetBudgetBudgetBudget$ Change$ Change$ Change% Change% Change% Change GeneralGeneralGeneral$ $ 19,125,490 20,357,490 1,332,000 $ $ 20,012,64021,173,010 1,360,370$ $ 887,150815,520 28,3704.64%2.13%4.01% Special RevenueSpecial RevenueSpecial Revenue 1,666,300 1,557,560 28,000 1,650,0001,964,0003,715,090 2,157,5301,936,000 (16,300)6914.29%138.52%-0.98% Debt ServiceDebt ServiceDebt Service 14,816,332 6,963,950 1,291,522 10,287,990 7,327,5601,138,371 (4,528,342) (153,151) 363,610-30.56%-11.86%5.2 2% Capital ProjectsCapital ProjectsCapital Projects 13,082,950 6,295,200 9,262,813 13,035,280 7,841,8686,337,584 (2,925,229) 1,546,668 (47,670)-31.58%24.57%-0.36% EnterpriseEnterpriseEnterprise 12,194,000 10,561,900 (1,322,867) 13,236,50011,270,490 (1,732,035) 1,042,500 (409,168) 708,59030.93%8.55%6.71% Internal ServiceInternal ServiceInternal Service 9,537,520 9,350,630 - 10,082,935 9,943,630 - 545,415593,000 -5.72%0.00%6.34% TOTAL TOTAL TOTAL$ $ $ 55,782,460 10,591,468 69,726,862 $ $ 60,151,50369,425,490 9,068,290$ $ (1,523,178) 4,369,043 (301,372)-14.38%-0.43%7.83% a budget for 2019 is hereby adopted as summarized below: Revenues: Expenditures: Other Financing Sources/Uses (Net): BE IT FURTHER RESOLVED that the 2019-2023 Capital Improvement Plan, with projects totaling $64,051,471, is hereby adopted. BE IT FURTHER RESOLVED that the 2019 Financial Management Policies, as included in the budget document and attached below, will supersede all existing policies and are hereby adopted. BE IT FURTHER RESOLVED that budgets for public improvements will be amended when the Council approves the project and establishes the budget for the project. December 10, 2018 13 City Council Meeting Minutes BE IT FURTHER RESOLVED that the budgets for Governmental Funds are adopted for financial reporting and management control and the budgets for all other funds are adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts within a fund shall only require the approval of the City Manager or designee. However, City Council approval is required for transfers between funds and from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year, except appropriations for capital improvement projects which will not lapse until the project is completed or canceled by the City Council. Seconded by Councilmember Juenemann Ayes – All The motion passed. I. UNFINISHED BUSINESS None J. NEW BUSINESS 1. On-Sale Intoxicating Liquor License for Myth Live II, Inc d/b/a Myth, 3090 Southlawn Drive City Manager Coleman gave the staff report. Kimberly Brokke, owner of Myth Live II, Inc. addressed and answered questions of the council. Councilmember Abrams moved to approve the On-Sale Intoxicating Liquor license for Myth Live II, Inc d/b/a Myth, located at 3090 Southlawn Drive to be valid through December 31, 2019. Seconded by Councilmember Smith Ayes – All The motion passed. 2. Amended Overnight Parking Ordinance a. Ordinance Amending Section 36-39 Overnight Parking on City Streets b. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) City Manager Coleman introduced the staff report. Public Safety Director Nadeau gave the staff report. Councilmember Abrams moved to approve the ordinance amending Section 36-39 Overnight Parking on City Streets. December 10, 2018 14 City Council Meeting Minutes Ordinance 995 An Ordinance Amending Section 36-39 of the Maplewood City Code Regarding Overnight Parking on City Streets The Maplewood City Council ordains as follows: SECTION I. Section 36-39 of the Maplewood city code is hereby amended to read as follows: (a) Parking on bridge approaches or upon any boulevard median strip, lawn or grass plot is prohibited in the city. (b) No person shall park or leave his motor vehicle standing upon the private property in the city of any person without first receiving consent of the owner of such property. (c) Parking of any vehicle upon any street or road in the city for more than 30 minutes during the time intervening between a snowfall of two inches or more and the plowing or removal of snow is hereby prohibited. (d) Parking of any vehicle upon any street or road in the city between the hours of 2:00 a.m. and 6:00 a.m. is hereby prohibited, unless otherwise explicitly permitted. Any owner, tenant, occupant or resident of property abutting a city street on which overnight parking is prohibited may apply to the chief of police or designee for a permit to allow onstreet vehicular parking between the hours of 2:00 a.m. and 6:00 a.m. due to an emergency or temporary hardship. No such permit shall be valid for more than 14 calendar days. (e) In addition to the emergency or temporary parking permits authorized under subsection (d) above, the chief of police or designee may issue permits to allow overnight parking in the case of hardships which exceed 14 days in length. Permits under this section may be issued only upon a showing of hardship by the applicant. Hardship may include a verified medical condition, long-term guests, registered vehicles exceeding the number of legal on-site parking spaces, construction which prevents access to on-site parking or any other condition or circumstance which renders other parking arrangements unreasonably dangerous or inconvenient. No such permit may be issued unless the applicant demonstrates that all available legal on-site parking spaces are being utilized. The permit may be issued for the term of the hardship but in no event for more than 365 days. No permit shall be issued unless the chief of police or designee determines that overnight parking on the city street is unlikely to adversely affect public health or safety. Applicants must apply for a permit in person at city hall or other designated location, must display the permit in the vehicle at all times and must comply with all terms and conditions of the permit. A fee shall be charged for each permit in such amount as provided for in the city’s fee schedule, as it may be amended from time to time. Anyone aggrieved by a decision by the chief of police or designee to deny a permit may appeal to the city council within 30 days of notice of the decision. (f) Special parking areas in the city may be designated by the council from time to time, by resolution, for truck parking or for taxicab parking. When so designated, no other vehicles may stand, stop or park in such areas. (g) No vehicle may remain parked in the same place on any city street or road December 10, 2018 15 City Council Meeting Minutes for more than 24 continuous hours, including those issued overnight parking permits under subsection (d) or (e) above. SECTION II. This Ordinance shall be effective following its adoption and publication. Seconded by Councilmember Smith Ayes – All The motion passed. Councilmember Abrams moved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 18-12-1642 Resolution Authorizing Publication of Ordinance No. 995 by Title and Summary WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 995, an ordinance amending sections 36-39 of the city code regarding overnight parking on city streets; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 2 pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. 995 to be published in the official newspaper in lieu of the entire ordinances: Public Notice The Maplewood city council has adopted Ordinance No. 995, which amends city code section 36-39 regarding overnight parking on city streets. Parking on city streets between the hours of 2:00 am and 6:00 am is prohibited unless otherwise explicitly permitted. Exceptions are currently limited to periods not exceeding 14 days. The amendment allows the chief of police or other designated city official to grant exceptions for as long as 365 days in the case of demonstrated hardship. A fee will be charged for the overnight parking permit in an amount to be determined in the city’s fee schedule ordinance. A full copy of the ordinance is available in the office of the city clerk. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Seconded by Councilmember Juenemann Ayes – All The motion passed. 3. Repeat Nuisance Service Call Fee Ordinance December 10, 2018 16 City Council Meeting Minutes a. Ordinance Establishing a Repeat Nuisance Service Call Fee b. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) City Manager Coleman introduced the staff report. Public Safety Director Nadeau gave the staff report. Robert Bresin, Maplewood resident addressed the council to express concerns about the ordinance. Councilmember Xiong moved to approve the Repeat Nuisance Service Call Fee Ordinance. Ordinance 996 An Ordinance Instituting a Public Safety Repeat Nuisance Service Call Fee The Maplewood City Council ordains as follows: Section I. The city council of the city of Maplewood hereby amends Chapter 24, Article VI, of the Maplewood code of ordinances by adding the following: Sec. 24-146 Purpose. The purpose of this section is to protect the public health, safety, and welfare and to discourage repeat nuisance service calls by the city to the same property or location which interfere with providing police and public safety services to other residents of the city. It is the intent of the city to impose and collect service call fees from the owner of any property to which city officials must repeatedly respond to nuisance public safety service calls because such calls involve extraordinary costs to the city. The repeat nuisance service call fee is intended to reimburse the city of the cost of such calls which is over and above the cost of providing normal law enforcement services and police protection city- wide. Sec. 24-147 Scope and Application. This section applies to the owner of any private property which is the subject or location of repeat nuisance service calls by city officials. This section applies to any repeat nuisance service calls made by a city peace officer, part-time peace officer, community service officer, animal control, or other designated city official. Sec. 24-148 Definitions. For purposes of this section, the term “nuisance” shall mean any activity, conduct, or condition occurring upon private property within the city that unreasonably annoys, injures, or endangers the health, safety, morals, comfort, or repose of any member of the public or will, or tend to, alarm, anger, or disturb others or provoke breach of the peace, to which the city is required to respond, including, but not limited to the following: (a) Any activity, conduct, or condition deemed as a public nuisance under any provision of the city’s code; or (b) Any conduct, activity, or condition constituting a violation of Minnesota December 10, 2018 17 City Council Meeting Minutes Statutes, Chapter 609, as it may be amended from time to time. Sec. 24-149 Repeat Nuisance Service Call Fee. (a) The city hereby imposes a repeat nuisance service call fee upon the owner of any private property where the city has rendered services or responded to such property on three or more occasions within a period of 365 days in response to or for the abatement of a nuisance condition. (b) The repeat nuisance service call fee for the third and each subsequent service call within a period of 365 days shall be in such amount as provided for in the city’s fee schedule, as it may be amended from time to time. The fee is intended to reimburse the city for, among other things, the salaries of city employees and officials who respond to or remain at the nuisance event, the pro rata cost of the equipment necessary to respond to such event, the cost of any repairs needed to such equipment based on the response, and the cost of any medical treatment which may be required to be provided to responding officers. (c) A repeat nuisance service call fee imposed under this section will be deemed delinquent if it is not paid within 30 days after the city mails the billing statement for the fee. The city will add a 10% late penalty to a delinquent payment. Sec. 24-150 Notice. The city shall send written notice to the record owner of any property which has had two repeat nuisance service calls within the preceding 365 day period. No repeat nuisance service call fee shall be imposed without first providing the owner with written notice. Such written notice shall: (a) Identify the nuisance conduct that previously occurred on the property and the dates of the previous nuisance conduct; (b) State that the owner may be subject to a nuisance service call fee if a third nuisance service call is rendered to the property within the specified time period for any further nuisance-related conduct; (c) State that the city has the right to seek other legal remedies or actions for abatement of the nuisance or compliance with the law; and (d) Be served by U.S. mail upon the owner at their last known address, or by posting such notice upon the property. If notice is posted, it shall be posted for at least 10 days before a repeat nuisance service call fee is imposed. Sec. 24-151 Right to Appeal. (a) When the city mails the billing statement for the repeat nuisance service call fee, the city will also inform the owner of their right to request a hearing before the city council to appeal the imposition of such fee. (b) The owner of any property upon which the fee is imposed may request a hearing within 10 days of the date that notice was mailed or posted. In calculating 10 days, the December 10, 2018 18 City Council Meeting Minutes date that the notice was mailed or posted shall not be counted. Any request for a hearing must be in writing and delivered to the city clerk. The hearing shall occur within 30 days of the date of receipt of the request by the city. If the owner fails to request a hearing within the time and in the manner required under this section, the right to appeal hereunder is waived. (c) The hearing will be conducted by the city council. The hearing shall be informal and neither the Minnesota Rules of Civil Procedure nor the Rules of Evidence shall strictly apply. The owner shall be given an opportunity to speak at the hearing. Following the submission and consideration of all evidence presented, the city council shall make written findings of fact and conclusions regarding the nuisance conduct and the imposition of the repeat nuisance service call fee. The city council shall serve the findings of fact and conclusions upon the owner by U.S. mail within 10 days following the next regularly- scheduled meeting of the city council. (d) If the owner, or their representative, fails to appear at the scheduled hearing date, the right to a hearing is waived. (e) Upon waiver of the right to a hearing under this section, or upon service of the city council’s findings of fact and conclusions that the repeat nuisance service call fee is warranted, the owner shall pay the fee imposed within 30 days. Sec. 24-152 Legal Remedies Nonexclusive. Nothing in this section shall be construed to limit the city’s available legal remedies, including criminal and civil action, or other available relief. Sec. 24-153 Applicability of Repeat Nuisance Service Call Fee. The city shall not impose a repeat nuisance service call fee for a police response relating to emergency assistance, including, but not limited to, domestic violence or child abuse, or for any other matter, in the city’s reasonable discretion, for which it would not be in the public interest to charge such a fee. Sec. 24-154 Recovery of Fee. (a) In the event that a fee imposed pursuant to the authority herein remains unpaid after 30 calendar days from the date that the notice is sent by the city, the city shall collect such fee in accordance with the collection provisions provided in section 1- 15.5(e)(1)-(5) of the city code. SECTION II. This ordinance shall be effective following its adoption and publication. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 18-12-1643 December 10, 2018 19 City Council Meeting Minutes Resolution Authorizing Publication of Ordinance No. 996 by Title and Summary WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 996, an ordinance instituting a public safety repeat nuisance service call fee; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is three pages in length; and WHEREAS, the city council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood that the city clerk shall cause the following summary of Ordinance No. 996 to be published in the official newspaper in lieu of the entire ordinance: Public Notice The Maplewood city council has adopted Ordinance No.996, which amends Chapter 24, Article VI of the city code of ordinances to establish a public safety repeat nuisance service call fee. Experience has shown that certain properties involve frequent calls for service for nuisance activities, which calls require a disproportionate amount of time by the city’s peace, community service and animal control officers and other city officials. Those additional costs are currently borne by the general public. The ordinance authorizes charging properties which require three or more nuisance service calls within a period of 365 days. Charges will not be made for emergencies, those involving domestic or child abuse or others for which charging a fee would not be in the public interest. The amount of the fee will be included in the city’s fee schedule ordinance, which will be reviewed and updated annually. A full copy of the ordinance is available in the office of the city clerk. BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Seconded by Mayor Slawik Ayes – All The motion passed. 4. Amend Chapter 4 – Alarms and Alarm Systems Ordinance a. Ordinance Amendment to Chapter 4 Alarms and Alarm Systems b. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) City Manager Coleman gave the staff report. City Clerk Sindt answered questions of the council. Public Safety Director Nadeau answered additional questions of the council. Councilmember Smith moved to approve the Ordinance Amendment of Chapter 4 Alarms and Alarm Systems. December 10, 2018 20 City Council Meeting Minutes Ordinance 997 BE IT ORDAINED by the Maplewood City Council that Chapter 4, Alarm and Alarm Systems is hereby amended to read as follows: Chapter 4 - ALARMS AND ALARM SYSTEMS Sec. 4-1. – Purpose. The purpose of this chapter is to establish reasonable expectations of alarm users; to incent owners of alarm systems to have properly working systems to effectively perform as intended; to reduce the number of false alarms which results in city services being used to respond to unnecessary alarms; and provide added benefit to property owners by maintaining up-to-date information relating to alarm systems. Sec. 4-2. – Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Alarm administrator means a person or persons designated by the city to administer, control and review false alarm reduction efforts and administers the provisions of this chapter. Alarm company means a person subject to the licensing requirements, and/or a company engaged in selling, leasing, installing, servicing or monitoring alarm systems; this person shall be licensed in compliance with state laws. Alarm permit means a permit issued by the City of Maplewood allowing the operation of an alarm system within the City of Maplewood. Alarm signal means any signal audible, visual, or electronically transmitted to a monitoring facility, generated by an alarm system, to which law enforcement is requested to respond. Alarm system means any single device or assembly of equipment designed to signal the occurrence of an illegal or unauthorized entry or other activity requiring immediate attention and to which law enforcement is requested to respond, but does not include motor vehicle or boat alarms, fire alarms, domestic violence alarms, or alarms designed to elicit a medical response. Alarm user means any person, corporation, partnership, proprietorship, governmental or educational entity or any other entity owning, leasing or operating an alarm system, or on whose premises an alarm system is maintained for the protection of such premises. Automatic dial protection device means an automatic dialing device or an automatic telephone dialing alarm system and shall include any system which, upon being activated, automatically initiates to the Maplewood Police Department a recorded message or code signal indicating a need for law enforcement response. December 10, 2018 21 City Council Meeting Minutes Cancellation means the process where response is terminated when the alarm company (designated by the alarm user) notifies the Maplewood Police Department that there is not an existing situation at the alarm site requiring police response after an alarm dispatch request. If cancellation occurs prior to police arriving at the scene, this is not a false alarm for the purpose of establishing a penalty fee, and no penalty fee will be assessed. City means the City of Maplewood or its agent. False alarm means the activation of an alarm system through mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user, his/her employees or agents, and signals activated to summon law enforcement personnel unless law enforcement response was cancelled by the alarm user or his/her agent before law enforcement personnel arrive at the alarm location. An alarm is false within the meaning of this article when, upon inspection by the Maplewood Police Department, evidence indicates that no unauthorized entry, robbery, or other such crime was committed or attempted in or on the premises which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm which can reasonably be determined to have been caused or activated by unusually violent conditions of nature nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user. Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user. Runaway alarm means an alarm system that produces repeated alarm signals that do not appear to be caused by separate human action. The Maplewood Police Department may in its discretion discontinue police responses to alarm signals from what appears to be a runaway alarm. Verify means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone and/or other electronic means, whether or not actual contact with a person is made, to attempt to determine whether an alarm signal is valid before requesting law enforcement dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this ordinance, telephone verification shall require, as a minimum that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid before requesting law enforcement dispatch. Sec. 4-3. – Alarm permit. (a) Permit required; term. No alarm system shall be used without first obtaining a permit for such alarm system from the city. A fee may be required for the initial application and annual renewals. It is the responsibility of the alarm user to obtain and renew the required permit through whichever methods or processes are required by the City of Maplewood. The permits shall renew annually on December 31. Renewals more than 30 days past due may be charged a late fee. (b) Exemption. An alarm system user which is a political subdivision of the federal or state government, including city and county and school districts, shall not be subject December 10, 2018 22 City Council Meeting Minutes to the provisions of this chapter. Single-family structures or individual dwelling units shall not be subject to provisions of section 4-3. (c) Application. The permit shall be requested on an application form or through web access as may be provided by the city. An alarm user has the duty to obtain an application from the city. The following information may be required upon initial application and renewal: (1) Physical address and location name where the alarm system is installed and maintained. (2) Contact information of the alarm system user. (3) Name and phone number of the alarm company monitoring the system. (4) A declaration that the alarm system does not utilize an automatic dialing device. (d) Transfer of possession. When the possession of the premises at which an alarm system is maintained is transferred, the person (user) obtaining possession of the property shall file an application for an alarm permit within 30 days of obtaining possession of the property. Alarm permits are not transferable. (e) Multiple alarm systems. If an alarm user has one or more alarm systems protecting two or more separate structures having different addresses and/or tenants, a separate permit shall be required for each structure and/or tenant. Sec. 4-4. – Duties of the alarm user. (a) Maintain the premises and the alarm system in a method that will reduce or eliminate false alarms. (b) Must respond or cause a representative to respond to the alarm system's location within 30 minutes when notified by the Maplewood Police Department to deactivate a malfunctioning alarm system. (c) Not manually activate an alarm for any reason other than an occurrence of an event that the alarm system was intended to report or to perform routine maintenance as prescribed by alarm system provider. Sec. 4-5. – Duties of the alarm company. (a) Any person engaged in the alarm business in the city/county, shall comply with the following: (1) Obtain and maintain the required technology system contractors license, issued by the State of Minnesota. (2) Be able to provide the most current contact information for the alarm user. (b) Prior to activation of the alarm system, the alarm company must provide instructions explaining the proper operation of the alarm system to the alarm user. December 10, 2018 23 City Council Meeting Minutes (c) An alarm company performing monitoring services shall: (1) Attempt to verify, by calling the alarm site and/or alarm user by telephone, to determine whether an alarm signal is valid before requesting dispatch. Telephone verification shall require, as a minimum that a second call be made to a different number, if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid, except in the case of a panic or robbery in progress alarm, or in cases where a crime in progress has been verified by video and/or audible means. (2) Communicate any available information about the alarm. (3) Communicate a cancellation to the Maplewood Police Department through the communications center as soon as possible following a determination that response is unnecessary. Sec. 4-6. – Prohibited acts. (a) It shall be unlawful to activate an alarm system for the purpose of summoning law enforcement when no burglary, robbery, or other crime dangerous to life or property is being committed or attempted on the premises, or otherwise to cause a false alarm. (b) It shall be unlawful to install, maintain, or use an audible alarm system which can sound continually for more than 20 minutes. (c) It shall be unlawful to install, maintain, or use an automatic dial protection device that reports, or causes to be reported, any recorded message to the Maplewood Police Department. (d) It shall be unlawful for an alarm system user to operate an alarm system without a current alarm permit issued for the alarm system under this section. When the police department responds to an alarm or signal from an alarm system at a location for which there is no current permit issued, the police department may issue a citation to the alarm system user for violation of this section. Sec. 4-7. – Enforcement of provisions. (a) Excessive false alarms. It is hereby found and determined that three or more false alarms within a permit year is excessive, constitutes a public nuisance, and shall be unlawful. Penalty fees for false alarms within a permit year may be assessed against an alarm user as provided and published in city-established fee schedule. (b) Payment of penalty fees. Penalty fees shall be paid within 30 days from the date of the invoice. (c) Certification of fee. Any fees not paid within 30 days after a notice of delinquency is sent to the alarm system user may be certified, including penalty, to the county auditor to be collected together with property taxes levied against the property owner. (d) Violation as penal offense. Any person or responsible party who violates any provision December 10, 2018 24 City Council Meeting Minutes of this chapter may be subject to the penalty as provided under section 1-15 of the City Code. Sec. 4-8. – Vehicle alarms. (a) It is a violation of this chapter for the owner, renter, or lessee of any vehicle equipped with an audible alarm or alarm system to operate such alarm or alarm system upon any street or in any public place in the city in such condition or at such a degree of sensitivity that the alarm is readily triggered by normal, innocuous events and activities, such as passing vehicles or pedestrians. (b) When the public peace is disturbed by a nuisance alarm on a vehicle parked in any public place within the city, a peace officer responding to the scene may, if the vehicle operator cannot be found, direct a towing or lock service, summoned for this purpose, to open the vehicle, silence the alarm, and relock the vehicle. The peace officer may issue a citation to the vehicle owner for a violation of this section. (c) When three or more false alarms within seven days are reported to the department of public safety for an audible alarm in a vehicle regularly parked or operated within the city, officers of the department may, upon determining that the alarms are due to malfunction or excessive sensitivity of the alarm system, issue a notice of equipment violation, under this section, requiring the owner of the vehicle to have the system repaired or deactivated. (d) Failure to respond to the notice of equipment violation, as set forth therein, shall constitute a petty misdemeanor, punishable as provided in section 1-15. Sec. 4-9. – Appeals. (a) Appeals process. Assessments of penalty fees and related false alarm determinations made under this ordinance may be appealed by filing a written notice of appeal with the Maplewood Police Department within ten days after the date of notification of the assessment of fees. The police chief is authorized to determine a waiver of the penalty fee when upon review and consideration it is reasonably determined that the false alarm penalty resulted from: (1) An electrical storm, tornado, or other act of God when there is evidence of damage to or disruption of alarm system operations. (2) Intermittent disruption of telephone service and/or circuits beyond the control of the alarm system owner. (3) Caused by electrical power disruption or failure in excess of two hours beyond the control of the alarm system owner. (4) The failure to give notice of appeal within this time period shall constitute a waiver of the right to contest the assessment of penalty fees. Appeals shall be heard through an administrative process established by the city. The hearing officer's decision is subject to review in the district court by proceedings in the nature of certiorari. December 10, 2018 25 City Council Meeting Minutes (b) Appeal standard. The hearing officer shall review an appeal from the assessment of penalty fees or other enforcement decisions using a preponderance of the evidence standard. Notwithstanding a determination that the preponderance of the evidence supports the assessment of penalty fees, the hearing officer shall have the discretion to dismiss or reduce penalty fee. Sec. 4-10. – Data Practices Advisory. All data collected in compliance with this chapter will be handled in accordance with Minnesota Government Data Practices Act. Sec. 4-11. – Government immunity. An alarm system permit is not intended to, nor will it, create a contract, duty or obligation, either expressed or implied, of response by law enforcement or emergency service. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. By applying for an alarm system permit, the alarm user acknowledges that the Maplewood Police Department response may be influenced by factors such as: the availability of police units, priority of calls, weather conditions, traffic conditions, emergency conditions, staffing levels and prior response history. Seconded by Councilmember Juenemann Ayes – All The motion passed. Councilmember Juenemann moved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 18-12-1644 Resolution Authorizing Publication of Ordinance No. 997 by Title and Summary WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 997, an ordinance amending Chapter 4 of the city code regarding alarms and alarm permits; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is several pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No. 997 to be published in the official newspaper in lieu of the entire ordinance: Public Notice December 10, 2018 26 City Council Meeting Minutes The Maplewood City Council has adopted Ordinance No. 997, which amends Chapter 4 of the city code regarding alarms and alarm systems. Single-family structures or individual dwelling units shall be exempt from the provisions of Section 4-3 which requires an alarm system permit. Further changes were made to update language throughout the chapter. BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Seconded by Councilmember Smith Ayes – All The motion passed. 5. Comprehensive Fee Schedule of 2019 Ordinance a. Ordinance Establishing a Comprehensive Fee Schedule of 2019 b. Resolution Authorizing Publication of Ordinance by Title and Summary (4 votes) City Manager Coleman gave the staff report and answered questions of the council. Councilmember Juenemann moved to approve the ordinance establishing a comprehensive fee schedule for 2019. Ordinance 998 An Ordinance Establishing a Comprehensive Fee Schedule for 2019 The Maplewood City Council adopts the following schedule to the Maplewood Code of Ordinances: City Clerk City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 LICENSING ANIMAL PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Dangerous/Potentially Dangerous Dog Registration Dangerous Dog $150.00 Potentially Dangerous Dog $100.00 Appeal Request $100.00 Tag $3.00 Sign $7.00 Dog Permit (2yr permit) Standard non spayed/neutered $21.00 Standard spayed/neutered $18.00 Senior Citizen non spayed/neutered $19.00 Senior Citizen spayed/neutered $16.00 Replacement Tag $1.00 Late Fee $5.00 Poultry Permit (2yr permit) Initial Application $75.00 Renewal $50.00 Goat Permit Temporary Keeping of Goats Permit $75.00 December 10, 2018 27 City Council Meeting Minutes Renewal $75.00 Small Kennel License Initial Application $85.00 Renewal $45.00 RESIDENTIAL LICENSES/PERMITS/REGISTRATIONS (initial AND renewal, unless noted otherwise) Alarm System Permit Initial Application N/A Renewal N/A Home Occupation License Initial Application Set by CD Renewal $63.00 Recreational Vehicle Permit $15.00 LIQUOR LICENSES (initial AND renewal, unless noted otherwise) Off-Sale Licenses 3.2% Malt Liquor $350.00 Intoxicating Liquor $200.00 On-Sale Licenses 3.2% Malt Liquor $500.00 Wine $2,000.00 Club -Under 200 Members $300.00 -Between 201 and 500 members $500.00 -Between 501 and 1,000 members $650.00 -Between 1,001 and 2,000 members $800.00 -Between 2,001 and 4,000 members $1,000.00 -Between 4,001 and 6,000 members $2,000.00 -Over 6,000 members $3,000.00 Intoxicating Liquor -Class A $7,000.00 -Class B $8,500.00 -Class C $11,000.00 -Class E $4,667.00 2AM -Up to $100,000 in on sale gross receipts for alcoholic beverages $300.00 -Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic $750.00 beverages -Over $500,000 in on sale gross receipts for alcoholic beverages $1,000.00 -3.2% On Sale Malt Liquor licenses or Set Up license holders $200.00 -Did not sell alcoholic beverages for a full 12 months prior to this application $200.00 Sunday Sales $200.00 Patio $200.00 BUSINESS LICENSES/PERMITS/REGISTRATION (initial AND renewal, unless noted otherwise) Alarm System Permit - Business $57.00 Amusement Park License $388.00 Automobile & Trailer Rental License 1st Five Rental $46.00 Each Additional Rental $13.00 Body Art Establishment License $309.00 Business Registration $40.00 Catering Food Vehicle 1st Vehicle $129.00 Each Additional Vehicle $89.00 Fleet (6+ Vehicles) $347.00 December 10, 2018 28 City Council Meeting Minutes Cigarette and Tobacco License $250.00 Courtesy Bench License 1st Bench $69.00 Each Additional Bench $41.00 Currency Exchange Review $356.00 Food Establishment License Full Service $673.00 Seasonal (6mo or less) $337.00 Special Food Handling $103.00 Mobile Food Unit Mobile Food Unit - PHF (Potentially Hazardous Food) - 1st Vehicle $181.00 - Each Additional Vehicle $89.00 - Fleet (6+ Vehicles) $520.00 Mobile Food Unit - NPF (Non Perishable Food) - 1st Vehicle $76.00 - Each Additional Vehicle $46.00 - Fleet (6+ Vehicles) $176.00 Gasoline Station License 1st Pump $183.00 Each Additional Pump $15.00 Lodging Establishments License 1 - 15 Units $124.00 16 - 35 Units $169.00 36 - 100 Units $311.00 Over 100 Units $356.00 Motor Vehicle Repair License $162.00 Pawn Shop License $10,218.00 Massage Center $259.00 Therapist $224.00 New Center Package (Center License, Therapist License (up to 2) and $724.00 Background Investigations) Public Pool License Hot Tubs $118.00 Indoor Swimming Pool $118.00 Outdoor Swimming Pool $118.00 Combination $162.00 Secondhand Dealer License $367.00 Solid Waste Collection License $250.00 Used Car Dealer License $333.00 TEMPORARY LICENSES/PERMITS Amusement Permit (Carnival /Carnival Rides/Circus) $381.00 Christmas Tree Lot Permit $231.00 Fireworks - Pyrotechnic Display Permit $250.00 Fireworks - Retail Sales Permit Exclusive Firework sales $350.00 Firework sales with other merchandise $100.00 Food Sales Permit Temporary Per Day $55.00 December 10, 2018 29 City Council Meeting Minutes Flea Market Season $336.00 Large Assembly Permit 500 to 1,000 Participants $258.00 1,001 to 2,500 Participants $515.00 2,501 to 3,500 Participants $773.00 3,501 and over Participants $1,030.00 Local Lawful Gambling $58.00 MCC On-Sale Liquor Catering Maplewood Providers $50.00 Non Maplewood Providers $100.00 Noise Control Waiver Permit $15.00 On-Sale 3.2 Beer License $55.00 On-Sale Intoxicating Liquor License $204.00 One-Time Event Permit $225.00 Parade Permit $103.00 Tent Permit $52.00 Transient Sales Permit Up to 5 Days $27.00 6+ Days $106.00 BACKGROUND INVESTIGATIONS Liquor $500.00 Body Art Establishment $250.00 Cigarette & Tobacco Sales $135.00 Lawful Gambling $250.00 Personal Services $135.00 Secondhand Dealer $135.00 Pawn Shop $500.00 PASSPORTS Photos $10.00 Acceptance Fee $35.00 ELECTIONS Filing Fee $5.00 Precinct Boundaries and Polling Locations Map 11" x 17" $3.00 City Map with Street Index 11” X 17” $3.00 City Map with Street Index 24" x 36" $5.00 DATA PRACTICES Data Subjects Paper or Electronic No fee if under $5.00; December 10, 2018 30 City Council Meeting Minutes otherwise (1) actual employee time to make copies; (2) $0.08 per page, black and white single sided; (3) $0.89 per page, color copy single sided; (4) CD/DVD $0.50; (5) standard USPS mailing fee Members of the Public No fee if under $5.00; otherwise (1) $0.25 per page, black and white single sided if 100 pages or fewer; otherwise (1) actual employee time to search Paper copies and retrieve and make copies; (2) $0.08 per page, black and white single sided; (3) $0.89 per page, color copy single sided; (4) CD/DVD $0.50; (5) standard USPS mailing fee No fee if under $5.00; otherwise (1) $0.25 per page, black and white single sided if 100 pages or fewer; otherwise (1) actual employee time to search Electronic copies and retrieve and make copies; (2) $0.08 per page, black and white single sided; (3) $0.89 per page, color copy single sided; (4) CD/DVD $0.50; (5) standard USPS mailing City Maps City map with street index 11"x17" $3.00 City map with street index 24"x36" $5.00 MISCELLANEOUS Copies (6+ pages) $0.25/page Meeting DVDs $5.00 Communications City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Partnership Packages & Rates (Please note: Packages may be customized at the discretion of the Communications Manager, which may change the price of the package) Maplewood Leaders * Color ¼ - page ad in all 12 editions of Maplewood Living, the City’s official $8,500.00 newsletter distributed to more than 20,000 homes. ($5,000 value) * Top-tier sponsorship of the following major City of Maplewood events: State of Maplewood, 4th of July and Community Engagement Breakfast ($2,200 Value). * Partner video ($2,500) * Partnership recognition on City Hall Digital Display ($1,500 value) Maplewood Friends * Color ¼ page ad in every other edition of Maplewood Living (6 months), the $3,000.00 City’s official newsletter distributed to more than 20,000 homes. ($2,640 Value) December 10, 2018 31 City Council Meeting Minutes * Sponsorship at two City of Maplewood events ($1,000 – $1,200 Value). * Partnership recognition on City Hall Digital Display ($1,500 value) Maplewood Supporter * Color ¼ page ad in three editions of Maplewood Living, the City’s official $1,500.00 newsletter distributed to more than 20,000 homes. ($1,500 Value) * Sponsorship at one of the following major City of Maplewood events: State of Maplewood, Community Engagement Breakfast or 4th of July Celebration. ($500 - $700 Value) Light it Up 4th of July partners ONLY: Deluxe Bar-be-que Package * Booth at 4th of July Celebration $695.00 * Quarter-page ad in one summer edition of Maplewood Living recognizing the partnership * Individual ad in city hall digital display * Significant signage exposure on event promotional flyers and banners in Maplewood Living, social media, city hall, Maplewood Community Center/YMCA, and at event) Pop & Brat Package * Placement in city hall digital display with other sponsors $295.00 * Signage exposure (on event promotional flyers and banners in Maplewood Living, social media, city hall, Maplewood Community Center/YMCA, and at event) Ad Rates for Maplewood Living Distributed to 20,000 households monthly - 1/4 Page - Approximately 3.75' (w) x 4.5" (h) Single Run $498.00 4 Ad Package $1,872.00 6 Ad Package $2,640.00 12 Ad Package $4,968.00 Community Development City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Permits *Stated permit fees do not include the surcharge imposed on most permits by the State of Minnesota. Building Permits Based on Valuation Total Valuation: $1.00 to $500.00 $28.05 $28.05 for the first $500.00 plus $3.62 for each additional $501.00 to 2,000.00 $100.00, or fraction thereof, to and including $2,000.00 $82.35 for the first $2,000.00 plus $16.42 for each $2,001.00 to $25,000.00 additional $1,000.00, or fraction thereof, to and including $25,000.00 $459.92 for the first $25,000.00 plus $11.97 for $25,001.00 to $50,000.00 each additional $1,000.00, or fraction thereof, to and including $50,000.00 $759.17 for the first $50,000.00 plus $8.36 for $50,001.00 to $100,000.00 each additional $1,000.00, or fraction thereof, to and including $100,000.00 December 10, 2018 32 City Council Meeting Minutes $1,177.17 for the first $100,000.00 plus $6.68 for $100,001.00 to $500,000.00 each additional $1,000.00, or fraction thereof, to and including $500,000.00 $3,849.17 for the first $500,000.00 plus $5.57 for $500,001.00 to $1,000,000.00 each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $6,634.17 for the first $1,000,000.00 plus $4.46 for $1,000,001.00 and up each additional $1,000.00, or fraction thereof Electrical Permit Fee Minimum fee / one inspection $35.00 All other fees State Fees Administrative fee $9.50 Manufactured Home Permit Fee New installation or replacement $175.00 Residential Mechanical Permit Fee Minimum fee $40.00 Gas piping – Repair or new installation $40.00 Gas or oil fired furnace or boiler $40.00 Warm air furnace or hot water heating system $40.00 Construction or alt.of any warm air furnace per unit Construction or alteration of each hot water system Installation or replacement of each hot water $40.00 system per unit Per unit heaters based on first 100,000 BTU input Air conditioning – new or replacement $40.00 Wood burning furnace per unit $40.00 Swimming pool heater per unit $40.00 Air exchanger $40.00 Gas or oil space heater per unit $40.00 Gas direct vent heater per unit $40.00 Gas fireplace, Gas log or insert $40.00 In floor Heat system $40.00 Furnace $120.00 Other $40.00 Commercial Mechanical Permit Fee 1.85% of estimated job cost + All commercial work $78.00 Mechanical plan review 25% of the permit fee Residential Plumbing Permit Fee Minimum fee (includes one opening) $45.00 Each additional fixture opening $10.00 Commercial Plumbing Permit Fee 2.15 % of estimated job cost All commercial work Plus $91.00 Sign Permits Billboard $500.00 Dynamic Display Sign $175.00 Dynamic Display Sign Yearly License Fee $175.00 Freestanding Sign $175.00 Temporary Sign $45.00 Wall Sign $110.00 Residential Permit Flat Fee Windows $145.00 Deck $145.00 Residential roof $145.00 December 10, 2018 33 City Council Meeting Minutes Residential siding $145.00 Residential Solar Permits $200.00 Above-Ground Pools $145.00 In-Ground Pools $145.00 Drain tile $145.00 Building relocation $100.00 Miscellaneous Fees Plan Review Fee Plan review fees for all When a building permit is required and a plan is required to be submitted, a buildings shall be sixty five plan review fee shall be paid. The plan review fees specified are separate percent (65%) of the building fees from the permit fees specified and are in addition to the permit fees. permit fee, except as modified in M.S.B.C. Section 1300. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee shall be charged at the above rate. Expiration of plan review: Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Refund Fee The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. Investigation Fee If work for which a permit is required by the code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. An investigation fee, in addition to the permit fee, shall be collected. The investigation fee shall be equal to the amount of the permit fee required. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of the city code nor from any penalty prescribed by law. Demolition Fee Structures not connected to utilities $95.00 Structures connected to city utilities $220.00 Other Inspections and Fees Inspections outside of normal business hours (minimum 2 hour charge) $100.00 per hour Re-inspection fees $100.00 per hour Re-inspection fees from Health Officer on pools $100.00 per hour Inspections with no specific fee indicated (minimum 1/2 hour charge) $100.00 per hour Investigation Fee $100.00 per hour Interior Preparation fee $100.00 Occupancy permit $100.00 Replacement of inspection record card $50.00 Re-issue of approved plans $50.00 State Surtax Collected Permits with a flat fee $1.00 per permit December 10, 2018 34 City Council Meeting Minutes Calculated based on the Permits based on valuation permit valuation Use of outside consultants for plan review, inspections and similar costs Actual costs* *Actual costs include administrative and overhead costs. Miscellaneous Service Fees Abatement Fee $300.00 Contractor License / Truth-in Housing Evaluator License $130.00 Trash Hauling Exemption (Opt-Out) $35.00 Tree replacement fee for trees that cannot be replaced on site $60.00 per caliper inch Truth-in-Housing Filing Fee $30.00 Health Fees Restaurant Plan Review Existing restaurant $330.00 New restaurant $685.00 Planning Fees Planning Fees Administrative Variance $500.00 Building Relocation $925.00 Comprehensive Plan Amendment $1650.00* Conditional Use Permit (CUP) $1650.00* CUP Revision $1000.00* Community Garden CUP $825.00* Community Garden CUP Revision $500.00* Final Plat** $430.00** Front Yard Setback Authorization $500.00 Home Occupation $1,385.00 Lot Divisions $500.00* Planned Unit Development $2735.00* Preliminary Plat $2,050.00 Preliminary Plat Revision or Extension $990.00 Public Vacation $1200.00* Rezoning $1650.00* Variance $1385.00* Woodlot Alteration Permit $375.00 Zoning Compliance Letter $100.00 *plus $46.00 county recording fee $46.00 **plus $200.00 plat opinion letter $200.00 Community Design Review Commercial/Multi-family $1,650.00 Minor Construction $500.00 Residential $500.00 Revision $500.00 Comprehensive Sign Plan $500.00 Tax-Exempt and Tax Increment Financing Fees Tax-Exempt and Mortgage Revenue Financing Amount paid with application (non-refundable)* $2,500.00 Base charge (% of bond issue) par on the first $20 million due at closing 0.50% Par on portion in excess of $20 million due at closing 0.10% Refinancing Fee 50% of the above The City will be reimbursed for any technical changes to a bond issue previously issued at 25% of the above schedule. Tax Increment Financing Application Fee (non-refundable) $6,760.00 Code Enforcement Fees Code Enforcement Charges Third violation $75.00 Fourth violation $100.00 Any additional violations $150.00 December 10, 2018 35 City Council Meeting Minutes Finance City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Late Fees Misc. Accounts Receivable (Utility Accounts, Abatements, False Alarms, Etc.) 8% per month NSF $30.00 Special Assessment Certification Fee 10% Utility Rates Sewer St. Paul (100 cubic ft) (ave 22 units per qtr) $3.15 Other (1,000 gallons) (ave 16.5 units per qtr) $4.20 Minimum charge - quarterly $17.67 Flat rate for well accounts - Little Canada $46.83 Flat rate for well accounts - St. Paul $47.76 EUF Residential charge - quarterly $27.25 Discount fee for raingardens (Little Canada 70%) $19.08 Multi Family - monthly $57.76 Institutional - monthly $70.29 Commercial - monthly $89.91 Recycling Base Quarterly charge $10.60 Additional Cart Fee per Quarter $5.25 Water Surcharge St. Paul - % of St. Paul water bill (ave $50/qtr) 22 units per quarter ave for family 7.00% of 4 N. St. Paul - monthly 3.60 Trash Hauling 20 EOW $7.15 20 Gallon $9.78 32 Gallon $11.36 65 Gallon $12.92 95 Gallon $14.66 FRANCHISE FEES Gas Utility Monthly Franchise Fee Residential $3.00 Commercial Non Demand $12.00 Commercial Demand $100.00 Small Interruptible $75.00 Medium & Large Interruptible $110.00 Firm Transportation $2.50 Interruptible Transportation $2.50 Electric Utility Monthly Franchise Fee Residential $3.00 Small C&I Non-Demand $4.75 Small C&I Demand $30.00 Large C&I $180.00 Public Street Lighting $4.00 Municipal Pumping Non-Demand $4.00 Municipal Pumping Demand $4.00 Fire/Ambulance City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 False Alarm Fees Commercial December 10, 2018 36 City Council Meeting Minutes Commercial - 1st False $0.00 Commercial - 2nd False (within 12 months of the 1st false alarm) $0.00 Commercial - 3rd False (within 12 months of the 1st false alarm) $200.00 Commercial - 4th False (within 12 months of the 1st false alarm) $300.00 Commercial - 5th False and more (within 12 months of the 1st false alarm) $400.00 Residential Residential - 1st False $0.00 Residential - 2nd False (within 12 months of the 1st false alarm) $0.00 Residential - 3rd False (within 12 months of the 1st false alarm) $200.00 Residential - 4th False (within 12 months of the 1st false alarm) $300.00 Residential - 5th False and more (within 12 months of the 1st false alarm) $400.00 Ambulance Transport Fees Resident ALS2 (Advanced Life Support) $2,513.00 ALS (Advanced Life Support) $2,278.00 BLS (Basic Life Support) $1,733.00 No Load $656.00 Mileage $22.50 Non-Resident ALS2 (Advanced Life Support) $2,890.00 ALS (Advanced Life Support) $2,620.00 BLS (Basic Life Support) $1,993.00 No Load $754.00 Mileage $25.88 Outside Employment $93/hour Equipment Standby - Based on FEMA's current Schedule of Equipment Rates Nature Center City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Nature Center Program Fees Basic Program Fee per person $4.00 Birthday Party Fee- up to 12 children $80.00 Birthday Party Fee- up to 15 children $100.00 Basic Outreach Fee- plus mileage $130.00 Outreach, additional shows same site- $30 Item Rental Fees Snowshoes- per pair, for use on site $5.00 Room Rental Fees Sunroom rental- per hour $30.00 Sunroom rental - All day - 5 hours or more $150.00 Touch and See Room Reservation- self -guided groups- 45 minutes $50.00 Community Garden Rental Plot Rental of Garden Plot $25.00 Parks & Rec City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Picnic Shelter Rental Afton Heights Park $25.00 Applewood Park $50.00 Hazelwood Park $50.00 Joy Park $50.00 Lion's Park $25.00 Maplewood Heights Park $25.00 December 10, 2018 37 City Council Meeting Minutes Pleasantview Park $25.00 Wakefield Park TBD Community Gym Rental Fees Half Court Rental (per hour per court) $40.00 Full Court Rental (per hour per court) $60.00 Edgerton Community Gym 'Entire Gym Rental (8+ hour rental) per hour $55.00 Carver Community Gym Entire Gym Rental (8+ hour rental) per hour $110.00 Field Rental Fees Hazelwood - Soccer - Full Size (per game) $65.00 Hazelwood - Soccer - Small Size $40.00 Other Locations - Soccer - Full Size $55.00 Baseball/Softball (per game) $35.00 Baseball/Softball - Tourney (per day/per field) $100.00 Volleyball Tourney/Large Group Rental - Harvest, Geranium, Wakefield (per $300.00 day/per park) Food Vendor In Park Permit - Weekdays (per day) $15.00 Food Vendor In Park Permit - Weekends or Holidays (per day) $45.00 Public Safety – Police City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Police Reports Requester is arrested party $0.25 per page (one side or $0.50 per page double sided) Public traffic crash report (requester is not involved in crash) $0.50 per page Public traffic crash report (requester is involved in crash) no charge Monthly email of public traffic crash reports $60.00/month Certified copy of any report $5.00 Evidence Requests CD/DVD of digital evidence (photos, audio, video) $5.00/disc 911 Audio transcripts $50.00 deposit plus actual cost of transcription through current transcription provider and Staff time to get audio ready for transcription and Staff time to review transcription for accuracy before release Towing Owners of vehicles towed to 1830 or 1902 County Road B E for law enforcement $125.00 per vehicle purposes Overnight Parking Permits Permit for vehicle to be parked on a city street overnight good for no more than $50.00 per vehicle/permit 365 days Excessive Calls for Service Third and subsequent calls, within 365 days, deemed excessive by definition in $250.00 each ordinance False Alarms 1st $0.00 2nd (within 12 months of the 1st false alarm) $0.00 3rd (within 12 months of the 1st false alarm) $100.00 4th (within 12 months of the 1st false alarm) $200.00 5th (within 12 months of the 1st false alarm) $300.00 6th (within 12 months of the 1st false alarm) $400.00 7th (within 12 months of the 1st false alarm) $500.00 8th (within 12 months of the 1st false alarm) $500.00 9th (within 12 months of the 1st false alarm) $500.00 10th & Over (within 12 months of the 1st false alarm) $500.00 December 10, 2018 38 City Council Meeting Minutes Outside Employment Police Officers $93/hour Squad Car only available with an officer no charge Fingerprinting Each fingerprint card $15.00 Public Works City of Maplewood - 2019 Fee Schedule ITEM/ACTIVITY 2019 Connection Charges Sanitary Sewer Service Main Line Permit Base Fee $114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-$59.00 Inspection Sanitary Sewer Service Connection Permit New Sanitary Sewer Service $110.00 per service Disconnect or Repair $39.00 per service Septic Systems Private Individual Septic Systems $500.00 Sanitary Sewer Cash Connection Charge Residential Connection Charge $4,325.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge (per front footage) $57.00 For all new connections for properties that have not been previously charged or assessed for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Sewer Assessment for City Project Residential Sanitary Service Installed to New Main $1,530.00 Residential Sanitary Service Installed to Existing Main $2,880.00 Comm/Ind Sanitary Service Installed to New Main $20.00 cost per front footage Comm/Ind Sanitary Service Installed to Existing Main $38.00 cost per front footage Sewer Availability Charge (SAC) SAC Unit Fee (Rate Set by MCES) $2,485.00 1 SAC Unit = 1 Single family dwelling (SFD) SAC Unit for all other types of developments total number of equivalent SFD SAC Units is determined by MCES. Local SAC Fee per SFD Unit $130.00 Water System Fees Water Main Cash Connection Charge Residential Connection Charge $4,325.00 For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge $57.00 For all new connections for properties that have not previously been charged or assessed for construction of the public system. Commercial Connection Charge = Residential Connection Charge / 75 (Average Lot Width) Water System Assessment for City Project Residential Water Service Installed to New Main $1,530.00 Residential Water Service Installed to Existing Main $1,900.00 Comm/Ind Water Service Installed to New Main $20.00 cost per front footage Comm/Ind Water Service Installed to Existing Main $25.00 cost per front footage Water Availability Charge (WAC) WAC Unit Fee $285.00 The total number of WAC units to be paid is equal to the total number of equivalent SAC Units required as determined by MCES. Storm Sewer System Fees Storm Sewer Permit December 10, 2018 39 City Council Meeting Minutes Private Storm Sewer Main Base Fee $114.00 Plus Each Connection to Existing System, New Structures, Alteration, or Re-$59.00 Inspection Base Escrow (Cover first 10 Connections or New Structures) $300.00 Escrow released after passing inspection. Plus Additional Escrow (Per Each Additional Connection or New Structure) $30.00 Escrow released after passing inspection. Storm Sewer System Assessment for City Project Storm Drainage Improvements $1,090.00 Assessment rate will be based on independent special benefit appraisals. Street, Driveway, and Parking Lot Fees Driveway and Parking Lot Permits Driveway Permit $28.00 Parking Lot Paving Permit ($104.00 Base Fee for 0-50,000SF) $104.00 50,000SF and greater = base fee + (SF over 50,000 x 0.002) Grading Permit, Plan Review, and Inspection Fee Grading Permit, Plan Review, and Inspection Fee Based on Total Estimate Material Moved Fee based on complexity of the project, proximity to environmental sensitive areas, and scope of project. <=50 C.Y. $37.00 51 to 100 C.Y. $94.00 101 to 1000 C.Y. $94.00 plus each additional 100 C.Y. $30.00 1001 to 10,000 C.Y. $364.00 plus each additional 1000 C.Y. $23.00 10,001 to 100,000 C.Y. $571.00 plus each additional 10,000 C.Y. $137.00 100,001 to 200,000 C.Y. $1,804.00 plus each additional 10,000 C.Y. $77.00 200,000 C.Y. or more $2,574.00 plus each additional 10,000 C.Y. $13.00 Park Availability Charge (PAC) PAC PAC per Capita Base Unit Charge $1,040.00 1 SFD PAC Fee = $1040 per capita x 3.4 capita = $3540.00 per SFD PAC Commercial Development = % x Land Market Value 9% Right of Way Permit and Inspection Fees Contractor Yearly Registration Fee (per year) $40.00 Hole Excavation Permit Fee (per hole) $100.00 Trench Excavation Permit Base Fee $100.00 Plus Each Lineal Foot $60.00 Emergency Excavation Permit $100.00 Aerial/Obstruction Permit $80.00 Permit Extension Fee $35.00 Delay Penalty Fee Base Fee (up to three days late) $35.00 Plus Each Additional Day (per day) $10.00 Small Cell Attached to City Infrastructure - Requires contract with City to determine monthly $130.00 rental fee. Non-City Infrastructure - Contractor license and any additional ROW fees. Contractor will need to contact infrastructure owner to determine any other fees. Engineering Review Fees Planning and Community Development Applications December 10, 2018 40 City Council Meeting Minutes Planning applications and development reviews for engineering conformance to Staff Hourly Rate engineering standards and City ordinances. Services performed by City Personnel will be hourly and applied to the application escrow. Grading Fee Fee amount based on each individual site. Varies Erosion Control Escrow Escrow amount based on each individual site. Varies Tree Escrow $60 per caliper inch of tree replacement required. Please see the tree standards Varies for more information. The fees established in this ordinance supersede all fees established by ordinance, resolution, or policy prior to this ordinance. Seconded by Councilmember Smith Ayes – Mayor Slawik, Council Member Abrams, Juenemann and Smith – Councilmember Xiong was unavailable for the vote. The motion passed. Councilmember Smith moved to approve the resolution authorizing publication of ordinance by title and summary. Resolution 18-12-1645 Comprehensive Fee Schedule for 2019 Summary Authorizing Publication of Ordinance No. 998 by Title and Summary WHEREAS, the City of Maplewood (the “City”) is a municipal corporation organized and existing under the laws of Minnesota; and WHEREAS, the City Council of the City of Maplewood has adopted Ordinance No. 998, which creates city code to allow for a fee schedule; and WHEREAS, Minnesota Statutes, § 412.191, subd. 4, allows publication by title and summary in the case of lengthy ordinances or those containing charts or maps; and WHEREAS, the ordinance is 15 pages in length; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent and effect of the ordinances. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the City Clerk shall cause the following summary of Ordinance No.998 to be published in the official newspaper in lieu of the entire ordinance: PUBLIC NOTICE The City Council of the City of Maplewood has adopted Ordinance No. 998, which creates an ordinance to allow for a fee schedule. A summary of the ordinance follows: December 10, 2018 41 City Council Meeting Minutes Ordinance No. 998 An Ordinance Establishing a Comprehensive Fee Schedule for 2019 1. City Clerk Fees 2. Communications Fees 3. Community Development Fees 4. Finance Fees 5. Fire Fees 6. Nature Center Fees 7. Parks and Recreation Fees 8. Public Safety Fees 9. Public Works Fees BE IT FURTHER RESOLVED by the City Council of the City of Maplewood that the City Clerk keep a copy of the ordinance in her office at city hall for public inspection and that she post a full copy of the ordinance in a public place within the city. Seconded by Councilmember Abrams Ayes – All The motion passed. 6. Update on Status of Labor Contract Negotiations a. Intent to Close Meeting as Allowed by Minnesota Statute 13D.03 b. 2019-2020 Collective Bargaining Agreement with LELS Local 153, Police Officers City Manager Coleman introduced the staff report. Pursuant to Minnesota Statutes Section 13D.03,Subd. (b), Councilmember Abrams hereby moved to close the regular meeting and go into closed session to discuss strategies, review offers received from the bargaining units, analyze fiscal considerations, and to provide direction to staff on developing negotiation positions for AFCSME, Law Enforcement Labor Services (LELS) Local 173 Police Sergeants, and Law Enforcement Labor Services (LELS) Local 153 Police Officers. Seconded by Councilmember Juenemann Ayes – All The motion passed. Mayor Slawik closed the regular meeting to go into closed session at 9:46 p.m. Mayor Slawik called the regular meeting back to order at 10:20 p.m. Present during the closed session were Mayor Slawik, Councilmember Abrams, Councilmember Juenemann, Councilmember Smith, Councilmember Xiong, City Manager Coleman, and Assistant City Manager/HR Director Funk. City Manager gave a brief overview of the closed session. Assistant City Manager/HR Director Funk gave the staff report. December 10, 2018 42 City Council Meeting Minutes Councilmember Abrams moved to approve the 2019-2020 Collective Bargaining Agreement between the City of Maplewood and Law Enforcement Labor Services (LELS) Local 153 Police Officers and Law Enforcement Labor Services (LELS) Local 173 Police Sergeants; and authorize the Mayor and City Manager to execute said contracts on behalf of the City. Seconded by Councilmember Juenemann Ayes – All The motion passed. K. ADJOURNMENT Mayor Slawik adjourned the meeting at 10:25 p.m. December 10, 2018 43 City Council Meeting Minutes