Loading...
HomeMy WebLinkAbout2019-04-22 City Council Meeting Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,April 22, 2019 City Hall, Council Chambers Meeting No.08-19 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE C.ROLL CALL D.APPROVAL OF AGENDA E.APPROVAL OF MINUTES 1.April 8, 2019City Council Workshop Minutes 2.April 8, 2019City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update 2.Council Presentations 3.Swearing-In Ceremony –Police Officers Tuoyer Xiong, Daniel Peters, Noah Swetala, and Nicolle Sparks 4.City Prosecuting Attorney2018 Annual Report 5.Myth Operational Action Plan Update 6.Resolution for Commission Reappointments G.CONSENT AGENDA–Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval of Claims 2.Resolution of Support for a Minnesota Energy Education Grant 3.Cooperative Funding Agreement –Rice Street and Larpenteur Avenue Gateway Alliance Consulting Services 4.Conditional Use Permit Review, CarMax, 1325 Beam Ave 5.Conditional Use Permit Review, Health Partners’ Residential Treatment Center, 2715 Upper Afton Road 6.Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies 7.Conditional Use Permit Review, Wakefield Park Community Building, 1860 Hazelwood Street 8.Resolutionsin Support of MWF Properties’ Affordable Housing Project 9.Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 13, 2019, Ferndale-Ivy Area Street Improvements, City Project 18-01 10.Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 13, 2019, Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27 11.2020 Census Complete Count Committee H.PUBLIC HEARINGS–If you are here for a Public Hearing please familiarize yourself with the Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before addressing the council. At the podium please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then direct staff, as appropriate, to answer questions or respond to comments. None I.UNFINISHED BUSINESS None J.NEW BUSINESS 1.Gladstone Phase 3 Corridor Improvements, City Project 16-18 a.Resolution Receiving Bids and Awarding Construction Contract b.Resolution Approving a Local Road Improvement Program (LRIP) Grant Agreement (No. 1033889) with Minnesota Department of Transportation (MnDOT) c.Use of Kimley-Horn and Associates, Inc. for Construction Phase Services 2.City Manager Annual Performance Evaluation a.Summarize Conclusions of the City Manager Performance Evaluation b.Third Amendment to City Manager Employment Agreement 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 CityClerk’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 appreciatethe 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 COUNCILWORKSHOP 5:30P.M. Monday, April 8, 2019 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 at5:32 p.m.byMayor Abrams. B.ROLL CALL Marylee Abrams,MayorPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberAbsent Sylvia Neblett, CouncilmemberPresent Bryan Smith,CouncilmemberAbsent C.APPROVAL OF AGENDA Councilmember Neblett moved to approve the agenda as submitted. Seconded by CouncilmemberJuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. D.UNFINISHED BUSINESS None E.NEW BUSINESS 1.Update on District 622 Bond Referendum Superintendent Christine Osorio addressed the council to give the presentation on the bond referendum for District 622. 2.Census 2020 Jim Accurso, Partnership Specialist with the US Census Bureau addressed the council to give the presentation on the 2020 Census. F.ADJOURNMENT Mayor Abramsadjourned the meeting at 6:48 p.m. April 8, 2019 1 City Council Workshop Minutes Packet Page Number 1 of 184 E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,April 8, 2019 City Hall, Council Chambers Meeting No. 07-19 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at7:02 p.m. byMayor Abrams. Mayor Abrams made some comments about an issue that will be discussed later during the meeting about the community and public discourse. Mayor Abrams then made some comments about thepotholes in Maplewood. Public Works Director Love gave some additional information. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Kathleen Juenemann, CouncilmemberPresent William Knutson, CouncilmemberAbsent Sylvia Neblett, CouncilmemberPresent Bryan Smith, CouncilmemberAbsent D.APPROVAL OF AGENDA The following items were added to the agenda under Council Presentations: Public Safety Award Spring Clean Up Parks & Recreation Summer Camps Water Treatment Facility Tour Gold Line Tour Letter Request CouncilmemberJuenemann moved to approve the agenda as amended. Seconded by CouncilmemberNeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. E.APPROVAL OF MINUTES 1.Approval of March 25, 2019 City Council WorkshopMinutes Councilmember Neblett moved to approve the March 25, 2019City Council Workshop April 8, 2019 1 City Council Meeting Minutes Packet Page Number 2 of 184 E2 Minutesas submitted. Seconded by Councilmember NeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 2.Approval of March 25, 2019City Council Meeting Minutes Changes were made to the Mayor’s introductory comments about the elderly couplewith flooding in their basement. Councilmember Neblett moved to approve the March 25, 2019City Council Meeting Minutesas amended. Seconded by Councilmember NeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City Manager Coleman gave anupdate 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 Public Safety Award Councilmember Juenemann reported that Sergeant Mike Dugaswas recognized with the Stars of Life Award by the Minnesota Ambulance Association. Police Chief Nadeau gave further information about the award. Spring Clean Up Councilmember Juenemann reported that Spring Clean Up will take place on April 11 at Aldrich Arena. Parks & Recreation Summer Camps Councilmember Juenemann reported on the summer camps at Bruentrup Farm being offered through the Parks & Recreation Department. Water Treatment Facility Tour April 8, 2019 2 City Council Meeting Minutes Packet Page Number 3 of 184 E2 Mayor Abrams reported on the tour she participated inlast week of the SPRWS water treatment facility. Gold Line Tour Mayor Abrams reported on the Gold Line meeting she attended and the tourof the route she went on. Letter Request Mayor Abrams reported on the letter of support requested by the City of St. Paul to repair the Kellogg Street Bridge. Council consensus was to send a letter of support. G.CONSENT AGENDA Agenda item G3 was highlighted. Councilmember Neblettmoved to approve agenda items G1-G7. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 1.Approval of Claims Councilmember Neblett moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 570,257.08 Checks #103389 thru #103430 dated 03/21/19 thru 03/26/19 $ 310,964.32 Disbursements via debits to checking account dated 03/18/19 thru 03/22/19 $ 330,646.65 Checks # 103431 thru #103463 dated 04/02/19 $ 2,040,990.66 Disbursements via debits to checking account dated 03/25/19 thru 03/29/19 $ 3,252,858.71 Total Accounts Payable PAYROLL $ 579,072.26 Payroll Checks and Direct Deposits dated 03/22/19 $ 3,435.46 Payroll Deduction check # 99103691 thru # 99103695dated 03/22/19 April 8, 2019 3 City Council Meeting Minutes Packet Page Number 4 of 184 E2 $ 582,507.72 Total Payroll $ 3,835,366.43 GRAND TOTAL Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 2.Off-Sale Intoxicating Liquor License for Maplewood Liquor, 2950 White Bear Avenue North, Suite 2 CouncilmemberNeblettmoved to approve theOff-Sale Intoxicating Liquor license for Maplewood Liquor, located at 2950 White Bear Avenue North, Suite 2. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 3.Waterfest Sponsorship Councilmember Neblett moved to approve the Waterfest Sponsorship in the amount of $1,000. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 4.May 11, 2019 Spring Clean Up Event Councilmember Neblett moved to approve the Spring Clean Up event to be held May 11, 2019, at Aldrich Arena from 8 a.m. to 1 p.m. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 5.Purchase of Road Salt for the 2019-2020 Winter Season Councilmember Neblett moved to approve the Street Superintendent to purchase de- icing salt under a state contract for the2019-2020 winter season in an estimated amount of $94,000.00. April 8, 2019 4 City Council Meeting Minutes Packet Page Number 5 of 184 E2 Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 6.Renewal of Contract with Human Resource Attorney Councilmember Neblett movedto approve the Consulting Services Agreement between the City of Maplewood and Madden Galanter Hansen, LLP and authorize the Mayor and City Manager to execute the contract on behalf of the city. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 7.Purchase of Mobile Heavy Truck Lift System CouncilmemberNeblett moved to approve the purchase of one Stertil Koni Mobile Truck Lift and direct the Mayor and City Manager to enter into a contract with Midwest Lift Works under MN State Contract #126-295 in the amount of $41,950.58. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. H.PUBLIC HEARINGS None I.UNFINISHED BUSINESS None J.NEWBUSINESS 1.Ferndale-Ivy Area Street Improvements, City Project 18-01 a.Resolution Approving Plans and Specifications and Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll Public Works Director Love gave the report. Councilmember Juenemann moved to approve the Resolution Approving Plans and Specifications and Advertising for Bids for Ferndale-Ivy Area Street Improvements, City Project 18-01. April 8, 2019 5 City Council Meeting Minutes Packet Page Number 6 of 184 E2 Resolution19-04-1676 APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on April 8, 2019, plans and specifications for the Ferndale-Ivy Area Street Improvements, City Project 18- 01, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, WHEREAS, pursuant to a resolution of the City Council adopted April 8, 2019, fixed a date for a council hearing on the proposed street improvements for the Ferndale- Ivy Area Street Improvements, City Project 18-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2.The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 9th day of May, 2019, at city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and the award of a contract, at the regular city council meeting of May 13, 2019. Seconded by Councilmember NeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. Councilmember Juenemann moved to approve the Resolution Ordering Preparation of Assessment Roll for Ferndale-Ivy Area Street Improvements, City Project 18-01. Resolution 19-04-1677 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Ferndale- Ivy Area Street Improvements, City Project 18-01. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith April 8, 2019 6 City Council Meeting Minutes Packet Page Number 7 of 184 E2 calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of landabutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. Seconded by Councilmember NeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 2.Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27 a.Resolution Approving Plans and Specifications and Advertising for Bids b.Resolution Ordering Preparation of Assessment Roll Public Works Director Love gave the report. Councilmember Juenemann moved to approve the Resolution Approving Plans and Specifications and Advertising for Bids for Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27. Resolution 19-04-1678 APPROVING PLANS AND SPECIFICATIONS AND ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the City Council on April 8, 2019, plans and specifications for the Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27, have been prepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the City Council for approval, WHEREAS, pursuant to a resolution of the City Council adopted April 8, 2019, fixed a date for a council hearing on the proposed street improvements for the Mailand- Crestview Forest Area Pavement Rehabilitation, City Project 18-27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications are hereby approved and ordered placed on file in the office of the City Engineer. 2.The City Clerk or office of the City Engineer shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:30 a.m. on the 9th day of May, 2019, at city hall and that no bids shall be considered unless sealed and filed with the clerk and April 8, 2019 7 City Council Meeting Minutes Packet Page Number 8 of 184 E2 accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and City Engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The City Council will consider the bids, and the award of a contract, at the regular city council meeting of May 13, 2019. Seconded by Councilmember NeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. Mayor Abrams moved to approve the Resolution Ordering Preparation of Assessment Roll for Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27. Resolution 19-04-1679 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer will receive bids for the Mailand- Crestview Forest Area Pavement Rehabilitation, City Project 18-27. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the City Clerk shall, upon completion of such proposed assessment notify the City Council thereof. Seconded by Councilmember NeblettAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. 3.Myth Public Safety Review Public Safety Director/Police Chief Nadeaugave the report and answered questions of the council. City Attorney Batty gave further informationon the legal perspective on the Myth public safety review. Attorney Andrew Bardwell withSkolnick & Joyce, P.A. addressed the council to give information on the Myth. Brian Jessen, General Manager with the Myth addressed the council to give additional information on the Myth. Kervy Sanchez, Security Manager with the Myth addressed and answered questions of the council. Mayor Abrams moved to direct Public Safety Director/Police Chief Nadeau to develop an operational action plan with staff from the Mythand provide a progress update at the April 8, 2019 8 City Council Meeting Minutes Packet Page Number 9 of 184 E2 April 22 meeting; the operationalactionplan would then be brought back to the council for formal adoption as a requirement for the Myth to operate in the City. Seconded by Councilmember JuenemannAyes – Mayor Abrams, Council Members Juenemann and Neblett The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abrams adjourned the meeting at8:29 p.m. April 8, 2019 9 City Council Meeting Minutes Packet Page Number 10 of 184 F1a Packet Page Number 11 of 184 F1a Packet Page Number 12 of 184 F3 CITY COUNCIL STAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Scott Nadeau AGENDA ITEM: Swearing-In Ceremony Police Officers TuoyerXiong, Daniel Peters, Noah Swetala, and Nicolle Sparks Action Requested: MotionDiscussionPublic Hearing Form of Action: ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: The Maplewood Police Department program and opened a traditional recruitment and hiring process to fill multiple police officer vacancies. Police officer candidates Tuoyer Xiong, Daniel Peters, Noah Swetala, andNicolle Sparks will be sworn in as they begin their careers with the Maplewood Police Department. Recommended Action: For presentation purposes only. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Recognizing department actions. Background In fall of for a second time. Tuoyer Xiong graduated from the program in February of 2019 and took his oath as a Maplewood Police Officer on March 11, 2019. In spring of 2019, Daniel Peters, Noah Swetala, and Nicolle Sparks were chosen from a traditional recruitment and hiring process to fill multiple police officer vacancies. As of this date, we have completed all pre-employment requirements on Tuoyer Xiong, Daniel Peters, Noah Swetala, and Nicolle Sparks. Packet Page Number 13 of 184 F3 Tuoyer Xiong is a 2016 graduate of Inver Hills Community College with an Asso Liberal Arts. He began working as a Community Service Officer for the Maplewood Police , and began field training after taking his oath on March 11, 2019. Business. He graduated from the Cape May County Police Academy in New Jersey and worked as a police officer for the Stone Harbor New Jersey Police Department from 2008-2018. in Law Enforcement. He has worked as a Community Service Officer with the Maplewood Police Department since July of 2018. He additionally worked as an asset protection agent for the Apple Valley Best Buy. Sociology/Criminal Justice. She comes to us from Metro Transit Police Department where she worked as a Community Service Officer since March of 2017 and was a member of their HAT (Homeless Assistance Team). They all come highly recommended. They have been subjected to a comprehensive background investigation, and both a psychological and medical evaluation as required for peace officer licensure. Attachments None. Packet Page Number 14 of 184 F4 CITY COUNCIL STAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Joseph Kelly, City Prosecuting Attorney AGENDA ITEM: City Prosecuting Attorney 2018 Annual Report Action Requested: MotionDiscussion Public Hearing Form of Action: ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: This report is a summary of the legal matters handled by Kelly & Lemmons Law Firm in 2018. Recommended Action: Motion to approve the 2018 city prosecuting attorney annual report of Joseph Kelly from Kelly & Lemmons Law Firm. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. N/A. Background In 2018, the Kelly & Lemmons Law Firm prosecuted approximately 1,371 gross misdemeanor, misdemeanor, and petty misdemeanor cases, and declined charges on only 15 cases. Prosecution efforts are very favorable with low rates of dismissal and continuance for dismissal. Mr. Kelly will provide the council with additional background information. Attachments 1.Year End 2018 Summary Report. Packet Page Number 15 of 184 F4, Attachment 1 DATE: April 8, 2019 TO: Melinda Coleman; Scott Nadeau FROM:Joseph Kelly &Kevin Beck RE: 4/22/2019Presentation to City Council I. Y EAR E ND 2018-G ENERAL D ATA These year-end results include all cases that were resolved between January 1, 2018 and December 31, 2018, regardless of when the case was charged. As way of background, the Minnesota State Court Administration provided our office with data for all cases disposed of originating from the had a total of 290cases disposed of with 251 Criminal Mandatory, 2 Criminal Non-Mandatory, and 37 Juvenile. In comparison, the Ma6,268 cases disposed of in 2018; 1,058 Criminal Mandatory, 5,210 Criminal Non-Mandatory. Our office prosecuted approximately 1,371 gross misdemeanor, misdemeanor, and petty misdemeanor cases. Our office declined charges on 15 cases. Overall, just 1.1 % of cases prosecuted by our office in 2018 were declined. Of those declined 4 were due to the criminal history/seriousness of offense and required County Attorney review, 1 was due to the Suspect being incompetent, and the remaining were in the interest of justice/lack of evidence. The graph below illustrates disposition by type of case, which have been categorized as follows: Code= violations of city code Moving Violations= traffic offenses, ranging from equipment violations, speeding, seatbelt and handheld device violations, to DAR/DAC/DAS, careless/reckless driving, to DAC-IPS. Theft includes shoplifting, theft of services, theft by swindle, etc. DWI driving while under the influence of alcohol or controlled substance QDVRO= cases that include a QDVRO in the charge even if not qualifying as a domestic assault (e.g. assault-5) General = offenses not otherwise covered (e.g. DOC, OLP, FITP, PCS, Trespass, RSP, TMV, UA Alcohol, Furnishing Alcohol/Tobacco, etc.) 1 Packet Page Number 16 of 184 F4, Attachment 1 /ğƭĻƭ ĬǤ ǤƦĻЊͲЌЏБ /ğƭĻƭ wĻƭƚƌǝĻķ /ƚķĻ Ќі aƚǝźƓŭ ЊЊі ЊЉі ЋВі hƷŷĻƩ ŷĻŅƷ ЌЉі ЊАі 5‘L v5wh v5wh5‘LŷĻŅƷhƷŷĻƩaƚǝźƓŭ/ƚķĻ ЉЊЉЉЋЉЉЌЉЉЍЉЉЎЉЉ A. Year End 2018 Disposition Rates The overall conviction rate across all categories of cases was 71%; 8% received continuances for ; and cases were dismissed at a rate of 11%. This conviction rate does not include cases resolved through referrals to Diversion or continuance for rate rises to 88%. 5źƭƦƚƭźƷźƚƓ wğƷĻƭ ЊЉЉ͵ЉЉі ВЉ͵ЉЉі БЉ͵ЉЉі АЊі АЉ͵ЉЉі ЏЉ͵ЉЉі ЎЉ͵ЉЉі ЍЉ͵ЉЉі ЌЉ͵ЉЉі ЋЉ͵ЉЉі ЊЊі Бі Ві ЊЉ͵ЉЉі Љ͵ЉЉі /ƚƓǝźĭƷźƚƓ/C55źǝĻƩƭźƚƓ5źƭƒźƭƭğƌ 5źƭƦƚƭźƷźƚƓ wğƷĻƭ 2 Packet Page Number 17 of 184 F4, Attachment 1 Disposition rate by charge type: ЊЉЉі Њі Аі ЊЊі ЊЋі ВЉі ЋЏіЋЏі Ќі ЊВі ЊЍі БЉі ЊЎі Ћі Бі Аі АЉі ЊЊі ЏЉі ЎЉі ВВі ЍЉі АЍі ЏБі ЏБі ЏАі ЏЊі ЌЉі ЋЉі ЊЉі Љі v5wh5‘LI9ChI9wahLbD/h59 /ƚƓǝźĭƷĻķ/C55źǝĻƩƭźƚƓ5źƭƒźƭƭĻķ ResolvedConvictionDismissalCFDDiversion DWI1361342^00 Theft405273292380 QDVRO155115*39**00 General225154231731 Moving4002732690 Code46281251 DWIs are an anomaly with a 99% conviction rate. The two dismissed cases were dismissed by the court after it found a lack of probable cause. Excluding DWIs, the average conviction rate across the remaining categories was 68%. The conviction rate for QDVRO offenses of 74% is higher than the average across other categories as a result of an emphasis on obtaining convictions in these cases, whether for an enhanceable offense or disorderly conduct. As noted in the Ramsey County Joint Domestic Abuse Prosecution Enhancement Project Final Report, although not an enhanceable offense, \[is an\] appropriate resolution . . . \[because h\]aving a conviction for Disorderly Conduct as opposed to not prosecuting a case is a great improvement because offenders who are convicted of Disorderly Conduct are still placed on probation supervision and are still required to undergo certain programming to decrease the likelihood of their reoffending. establishes a record for future offenses that the defendant had been previously charged with a QDVRO and received a DOC. The dismissal rate for QDVRO offenses is higher than the other categories as a consequence of not offering CFDs or diversion for QDVRO offenses. For example, the other categories resolved cases through CFD or Diversion at an average rate of approximately 20%. 3 Packet Page Number 18 of 184 F4, Attachment 1 Of the convictions in QDVRO cases, 66% resulted in enhanceable QDVRO offense resolutions (34% convictions for DOC). Of the dismissed QDVRO cases, 35% were dismissed as part of a plea deal to another QDVRO case. For example, one defendant, charged with nine separate QDVRO cases, pleaded guilty to 3 enhanceable QDVRO offenses (making the next offense in 10 years a felony) with the remaining 6 cases dismissed. In addition, 13% were dismissed because the defendant was found incompetent to stand trial. The remaining cases were dismissed for lack of evidence. 4 Packet Page Number 19 of 184 F5 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER: Scott Nadeau AGENDA ITEM: Myth Operational Action Plan Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: th Public safety concerns regarding Myth Live were discussed at the April 8 City Council meeting. The Council requested an update from Chief on the Operational Action Plan for Myth Live. Recommended Action: Discussion item only. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. N/A. Background Representatives of the Maplewood Police Department met with Myth Live’s General Manager, Brian th Jessen, members of Mr. Jessen’s staff, and his consultant on April 12 to discuss the creation of an Operational Action Plan (OAP), timelines, and expectations from the city in regards to safety. It was reiterated during this meeting that the city expects there to be no issues associated with violence, sexual violence, excessive alcohol intoxication, drug use, or disorderly or riotous crowd behavior at Myth Live prior to the finalization of the OAP. It was agreed the OAP will be finalized as soon as possible, with a not-to-exceed date of June 12, 2019. Myth Live’s consultant will observe events at Myth and make a comprehensive assessment for improvements, with a reminder that significant changes which will ensure patron safety are sought. The next meeting with Maplewood Police Department and representatives from Myth Live is scheduled for May 9, 2019. Attachments None. Packet Page Number 20 of 184 F6 Packet Page Number 21 of 184 F6 Packet Page Number 22 of 184 F6, Attachment 1 Packet Page Number 23 of 184 F6, Attachment 2 Packet Page Number 24 of 184 F6, Attachment 2 Packet Page Number 25 of 184 F6, Attachment 2 Packet Page Number 26 of 184 F6, Attachment 2 Packet Page Number 27 of 184 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 28 of 184 G1 MEMORANDUM Melinda Coleman, City Manager TO: Ellen Paulseth, Finance Director FROM: April 16, 2019 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: $48,994.94Checks #103464 thru #103491 dated 04/02/19 thru 04/09/19 $495,537.59Disbursements via debits to checking account dated 04/01/19 thru 04/05/19 $261,570.51Checks # 103492 thru #103538 dated 04/08/19 thru 04/16/19 $669,589.81Disbursements via debits to checking account dated 04/08/19 thru 04/12/19 $1,475,692.85Total Accounts Payable PAYROLL $609,371.76Payroll Checks and Direct Deposits dated 04/05/19 $2,722.71Payroll Deduction check # 99103710 thru # 99103713 dated 04/05/19 $612,094.47Total Payroll $2,087,787.32GRAND 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 Packet Page Number 29 of 184 G1, Attachments Check Register City of Maplewood 04/04/2019 CheckDateVendorDescriptionAmount 10346404/02/201902464US BANKFUNDS FOR CITY HALL ATM10,000.00 10346504/09/201900283CENTURY COLLEGEFIRE APPARATUS OPERATOR TRAINING495.00 04/09/201900283CENTURY COLLEGEFIRE APPARATUS OPERATOR TRAINING495.00 10346604/09/201900585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - MARCH201.15 04/09/2019KIMLEY-HORN & ASSOCIATES INC 10346702728PROJ 18-04 WAKEFIELD CONST2,612.39 04/09/2019NEOFUNDS 10346805902POSTAGE - 1902 POSTAGE MACHINE 62971,300.65 04/09/2019UNIQUE PAVING MATERIALS CORP 10346903334WINTER PATCHING MATERIALS1,209.60 04/09/2019APPRIZE TECHNOLOGY SOLUTIONS 10347005559ONLINE BENEFITS ADMIN FEE- APRIL310.00 04/09/2019BLUE NET, INC. 10347105948CONTRACTOR ASSIST NEW INTRANET600.00 04/09/2019BLUE NET, INC. 05948CONTRACTOR ASSIST NEW INTRANET375.00 04/09/2019BRUCE NELSON PLBG. & HTG. INC. 10347200228REPAIR STATION 3897.94 04/09/2019BRUCE NELSON PLBG. & HTG. INC. 00228REPAIR STATION 4337.20 04/09/2019CINTAS CORPORATION #470 10347305369CLEANING SUPPLIES-CH/PD/PW/PM64.23 04/09/2019COVERT TRACK GROUP INC. 10347405229BAITCAR SURVEILANCE SYS & INSTALL7,318.90 04/09/2019DAKOTA CTY TECHNICAL COLLEGE 10347500371EMERGENCY RESPONSE DRIVING150.00 04/09/2019DEPT OF MOTOR VEHICLE 10347600394TABS - 2014 POLICE VEH 805NRC11.00 04/09/2019ESCROW REFUNDESCROW POINDEXTER 2786 KELLER PKWY703.96 10347700003 10347804/09/201906013GETTY IMAGES, INC.ISTOCK SUB 50/MONTH2,388.00 10347904/09/201905222MARTIN-MCALLISTERLEADERSHIP ASSESSMENTS-CDD AP2,400.00 10348004/09/201904790MAYER ARTS, INC.DANCE INSTRUCTION3,614.00 04/09/2019MN FIAM BOOK SALES 10348103838PUMPING APPARATUS DRIVER/OP BOOK53.00 04/09/2019ONE TIME VENDOR 10348200001REFUND R COLE PARTIAL LICENSE FEE231.75 04/09/2019REHDER FORESTRY CONSULTING 10348306014TREE INSPECTION SRVS - MARCH977.84 04/09/2019CITY OF ROSEVILLE 10348402001AIRWATCH LICENSES 20193,920.00 04/09/2019ELAINE SCHRADE 10348504074TAI CHI INSTRUCTION 03/13 - 05/15378.00 04/09/2019ST PAUL REGIONAL WATER SRVS 10348600198WATER UTILITY1,503.51 04/09/2019ST PAUL, CITY OF 10348701836RADIO MAINT & SRVS - JANUARY90.00 04/09/2019SUMMIT INSPECTIONS 10348801550ELECTRICAL INSPECTIONS - MARCH4,324.80 04/09/2019MIKE TURNBULL 10348905842FIRE MARSHAL SERVICES 03/08 - 03/29696.00 04/09/2019W W GOETSCH ASSOCIATES, INC. 10349001730SRVS CALL-TROUBLE SHOOT 8" PUMP550.00 04/09/2019WATER MANAGEMENT SYSTMES LLC 10349106015PARTS FOR WATERPUMP #620786.02 48,994.94 28Checks in this report. Packet Page Number 30 of 184 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 4/1/2019MN State TreasurerDrivers License/Deputy Registrar65,395.26 4/2/2019MN State TreasurerDrivers License/Deputy Registrar50,011.96 4/3/2019MN State TreasurerDrivers License/Deputy Registrar95,139.09 4/4/2019MN State TreasurerDrivers License/Deputy Registrar95,626.26 4/5/2019MN State TreasurerDrivers License/Deputy Registrar106,441.29 4/5/2019MN Dept of Natural ResourcesDNR electronic licenses878.00 4/5/2019US Bank VISA One Card*Purchasing card items59,537.34 4/5/2019Optum HealthDCRP & Flex plan payments5,674.07 4/5/2019Delta DentalDental Premium9,459.32 4/5/2019ICMA (Vantagepointe)Deferred Compensation7,375.00 495,537.59 *Detailed listing of VISA purchases is attached. Packet Page Number 31 of 184 G1, Attachments Transaction DatePosting DateMerchant NameTransaction AmountName 03/16/201903/18/2019STPAULSAINTSPROFBASEBA$460.24JOSHUA ABRAHAM 03/21/201903/22/2019MINNESOTA MASONIC HE$450.00JOSHUA ABRAHAM 03/28/201903/29/2019CHANHASSEN DINNER THEATE$740.90JOSHUA ABRAHAM 03/18/201903/19/2019TARGET 00011858$38.40PAUL BARTZ 03/15/201903/18/2019OFFICEMAX/OFFICEDEPT#6874$14.69REGAN BEGGS 03/15/201903/18/2019OFFICE DEPOT #1090$44.47REGAN BEGGS 03/21/201903/22/2019VERITIV-EAST$523.14REGAN BEGGS 03/21/201903/25/2019IMPARK00200167U$23.00BRIAN BIERDEMAN 03/22/201903/25/2019THE HOME DEPOT #2801$59.35BRIAN BIERDEMAN 03/27/201903/28/2019US PEACEKEEPER$479.88BRIAN BIERDEMAN 03/27/201903/29/2019OFFICEMAX/DEPOT 6164$30.74BRIAN BIERDEMAN 03/22/201903/25/2019PETSMART # 0461$33.91OAKLEY BIESANZ 03/18/201903/20/2019SAFE-FAST(MW)$11.80TROY BRINK 03/25/201903/27/2019SAFE-FAST(MW)$112.31TROY BRINK 03/18/201903/20/2019COPS PLUS, INC$197.55DANIEL BUSACK 03/24/201903/26/2019MENARDS OAKDALE MN$4.36JOHN CAPISTRANT 03/14/201903/18/2019THE HOME DEPOT #2801$6.82SCOTT CHRISTENSON 03/16/201903/18/2019CINTAS 60A SAP$18.20SCOTT CHRISTENSON 03/19/201903/20/2019VIKING ELECTRIC-CREDIT DE$442.85SCOTT CHRISTENSON 03/20/201903/21/2019CINTAS 60A SAP$86.53SCOTT CHRISTENSON 03/22/201903/25/2019THE TRANE COMPANY$535.00SCOTT CHRISTENSON 03/22/201903/25/2019THE TRANE COMPANY$438.00SCOTT CHRISTENSON 03/22/201903/25/2019SPS COMPANIES #1$175.00SCOTT CHRISTENSON 03/25/201903/26/2019VIKING ELECTRIC-CREDIT DE$7.92SCOTT CHRISTENSON 03/27/201903/28/2019CINTAS 60A SAP$70.69SCOTT CHRISTENSON 03/21/201903/25/2019GTS EDUCATIONAL EVENTS$520.00MELINDA COLEMAN KERRY CROTTY 03/15/201903/18/2019IN *ENVUE TELEMATICS LLC$676.00 03/19/201903/20/2019STREICHER'S MO$64.98KERRY CROTTY 03/21/201903/22/2019MAPLEWOOD COMMUNITY CENTE$64.43KERRY CROTTY 03/21/201903/22/2019MAPLEWOOD COMMUNITY CENTE$64.43KERRY CROTTY 03/22/201903/25/2019N AMERICA RESCUE PRODUCT$553.69MICHAEL DUGAS 03/26/201903/27/2019BCA TRAINING EDUCATION$75.00MICHAEL DUGAS 03/20/201903/22/2019MENARDS OAKDALE MN$15.33DOUG EDGE 03/21/201903/22/2019REPUBLIC SERVICES TRASH$3,732.68SHANN FINWALL 03/22/201903/25/2019AMERICAN PLANNING A$539.00SHANN FINWALL 03/21/201903/22/2019CINTAS 60A SAP$14.82CASSIE FISHER 03/22/201903/22/2019BAMBU ASIAN CUISINE$134.00CASSIE FISHER 03/28/201903/29/2019CINTAS 60A SAP$14.82CASSIE FISHER 03/17/201903/18/2019COMCAST CABLE COMM$4.50MYCHAL FOWLDS 03/19/201903/20/2019HEWLETT-PACKARD CO$2,980.00MYCHAL FOWLDS 03/21/201903/25/2019U.S.INTERNET CORP$394.00MYCHAL FOWLDS 03/23/201903/25/2019COMCAST CABLE COMM$140.95MYCHAL FOWLDS 03/25/201903/25/2019LOFFLER COMPANIES, INC$462.99MYCHAL FOWLDS 03/25/201903/25/2019LOFFLER COMPANIES, INC$780.45MYCHAL FOWLDS 03/25/201903/25/2019LOFFLER COMPANIES, INC$713.25MYCHAL FOWLDS 03/25/201903/25/2019LOFFLER COMPANIES, INC$78.43MYCHAL FOWLDS 03/25/201903/25/2019LOFFLER COMPANIES, INC$785.64MYCHAL FOWLDS 03/25/201903/26/2019CAN*CANONFINANCIAL CFS$869.75MYCHAL FOWLDS 03/25/201903/26/2019CAN*CANONFINANCIAL CFS$331.57MYCHAL FOWLDS 03/25/201903/26/2019NEOPOSTINC$21.48MYCHAL FOWLDS 03/25/201903/26/2019MAILFINANCE$818.10MYCHAL FOWLDS 03/25/201903/27/2019STEP RESOURCES COMMUNICAT$1,978.18MYCHAL FOWLDS 03/25/201903/27/2019NOW MICRO$945.00MYCHAL FOWLDS $989.87MYCHAL FOWLDS 03/26/201903/27/2019HP DIRECT-ENTERPRISE 03/27/201903/27/2019AMAZON.COM*MW00B1132 AMZN$767.52MYCHAL FOWLDS 03/17/201903/18/2019AMAZON.COM*MW5YB0ON2$29.99ALEX GERONSIN 03/27/201903/28/2019AMZN MKTP US*MW3YO6PS2$893.51ALEX GERONSIN 03/25/201903/27/2019MENARDS OAKDALE MN$487.52MILES HAMRE 03/22/201903/25/2019THE HOME DEPOT #2801$29.97TAMARA HAYS Packet Page Number 32 of 184 G1, Attachments 03/27/201903/28/2019SQ *DAVIS LOCK AND$227.88TAMARA HAYS 03/22/201903/25/2019SAFARILAND, LLC$38.51JENNY HENDRICKS 03/21/201903/22/2019CINTAS 60A SAP$18.30ANN HUTCHINSON 03/28/201903/29/2019ROTH SUGAR BUSH - ONLINE$102.90ANN HUTCHINSON 03/15/201903/18/2019THE HOME DEPOT #2801$10.40DAVID JAHN 03/21/201903/22/2019DALCO ENTERPRISES$578.91DAVID JAHN 03/21/201903/25/2019THE HOME DEPOT #2801$24.77DAVID JAHN 03/15/201903/18/2019SQ *DAVIS LOCK AND$206.95KEVIN JOHNSON 03/20/201903/22/2019LEERBURG$362.24KEVIN JOHNSON 03/20/201903/22/2019LEERBURG$27.99KEVIN JOHNSON 03/25/201903/26/2019IN *LRG TECHNOLOGIES INC$217.80KEVIN JOHNSON 03/26/201903/27/2019MIKES LP GAS INC$65.39DON JONES 03/22/201903/25/2019THE STAR TRIBUNE CIRCULAT$120.36LOIS KNUTSON 03/25/201903/26/2019CUB FOODS #1599$10.74LOIS KNUTSON 03/25/201903/26/2019BAMBU ASIAN CUISINE$132.63LOIS KNUTSON 03/25/201903/27/2019OFFICE DEPOT #1090$94.18LOIS KNUTSON 03/26/201903/28/2019GTS EDUCATIONAL EVENTS$1,050.00LOIS KNUTSON 03/26/201903/27/2019SIRCHIE FINGER PRINT LABO$91.58NICHOLAS KREKELER 03/17/201903/19/2019MENARDS MAPLEWOOD MN$105.40ERIC KUBAT 03/18/201903/20/2019MENARDS MAPLEWOOD MN$4.99ERIC KUBAT 03/25/201903/26/2019PUREHOCKEY190 MAPLEWOOD$8.33ERIC KUBAT 03/27/201903/29/2019OFFICEMAX/DEPOT 6164$30.54ERIC KUBAT 03/15/201903/18/2019OFFICE DEPOT #1090$12.61GINA KUCHENMEISTER 03/18/201903/20/2019OFFICE DEPOT #1090$37.99GINA KUCHENMEISTER 03/28/201903/29/2019PEACHJAR$450.00GINA KUCHENMEISTER 03/27/201903/27/2019ULINE *SHIP SUPPLIES$481.29JASON KUCHENMEISTER 03/21/201903/22/2019IN *BRODIN STUDIOS, INC.$230.00DAVID KVAM STEVE LOVE 03/21/201903/22/2019ST PAUL PUBLIC WORKS PARK$4.65 03/27/201903/28/2019IP JACKSON RAMP$10.00STEVE LOVE 03/15/201903/18/2019MENARDS MAPLEWOOD MN$11.08STEVE LUKIN 03/18/201903/19/2019ASPEN MILLS INC.$64.99STEVE LUKIN 03/18/201903/19/2019ASPEN MILLS INC.$1,131.55STEVE LUKIN 03/18/201903/19/2019MINNESOTA FIRE CHIEFS$207.00STEVE LUKIN 03/18/201903/20/2019INT'L ASSOC OF FIRE CH$290.00STEVE LUKIN 03/20/201903/22/2019M&G TRAILER SALES SERV$3,129.00STEVE LUKIN 03/22/201903/25/2019MENARDS MAPLEWOOD MN$64.38STEVE LUKIN 03/25/201903/26/2019ASPEN MILLS INC.$1,197.50STEVE LUKIN 03/15/201903/18/2019IMPARK00200167U$17.00MIKE MARTIN 03/22/201903/25/2019BOUND TREE MEDICAL LLC$644.70MICHAEL MONDOR 03/26/201903/27/2019CHILDRENS HOSPITALS AND C$225.00MICHAEL MONDOR 03/26/201903/27/2019CHILDRENS HOSPITALS AND C$225.00MICHAEL MONDOR 03/28/201903/28/2019PEDIATRIC EMERGENCY STAND$566.50MICHAEL MONDOR 03/28/201903/29/2019PARKING METER ST PAUL$5.25MICHAEL MONDOR 03/22/201903/25/2019FBI NATIONAL ACADEMY ASSO$105.00SCOTT NADEAU 03/24/201903/26/2019SARPINO'S PIZZERIA$42.31BRYAN NAGEL 03/18/201903/19/2019TARGET 00011858$37.57JOHN NAUGHTON 03/27/201903/29/2019THE HOME DEPOT #2801$161.84JOHN NAUGHTON 03/19/201903/20/2019RAYALLEN.COM JJDOG.COM$241.81MICHAEL NYE 03/22/201903/22/2019AMZN MKTP US*MW34U1020$165.38MICHAEL NYE 03/22/201903/25/2019AMZN MKTP US*MW70O10Y0$80.60MICHAEL NYE 03/24/201903/25/2019MOTOROLA SOLUTIONS ONLIN$176.21MICHAEL NYE 03/29/201903/29/2019AMZN MKTP US*MW5DB4XD2$55.23MICHAEL NYE 03/14/201903/18/2019BOUND TREE MEDICAL LLC$271.98KENNETH POWERS 03/14/201903/18/2019BOUND TREE MEDICAL LLC$164.66KENNETH POWERS $512.40KENNETH POWERS 03/18/201903/20/2019BOUND TREE MEDICAL LLC 03/18/201903/20/2019BOUND TREE MEDICAL LLC$145.60KENNETH POWERS 03/19/201903/21/2019BOUND TREE MEDICAL LLC$6.29KENNETH POWERS 03/19/201903/21/2019MENARDS MAPLEWOOD MN$23.92KENNETH POWERS 03/25/201903/27/2019BOUND TREE MEDICAL LLC$811.50KENNETH POWERS 03/27/201903/29/2019BOUND TREE MEDICAL LLC$119.00KENNETH POWERS Packet Page Number 33 of 184 G1, Attachments 03/27/201903/29/2019BOUND TREE MEDICAL LLC$25.78KENNETH POWERS 03/14/201903/18/2019AN FORD WHITE BEAR LAK$20.66STEVEN PRIEM 03/15/201903/18/2019AN FORD WHITE BEAR LAK$190.31STEVEN PRIEM 03/15/201903/18/2019MINNESOTA TRUCKING ASSOCI$100.00STEVEN PRIEM 03/15/201903/18/2019TRI-STATE BOBCAT$68.68STEVEN PRIEM 03/18/201903/19/2019EMERGENCY AUTO TECH$35.38STEVEN PRIEM 03/18/201903/19/20190391-AUTOPLUS$112.89STEVEN PRIEM 03/18/201903/20/2019AN FORD WHITE BEAR LAK$31.10STEVEN PRIEM 03/19/201903/21/2019ZIEGLER INC COLUMBUS$624.46STEVEN PRIEM 03/20/201903/21/2019TOWMASTER$873.89STEVEN PRIEM 03/20/201903/21/2019FRONTIER HASTINGS 010102$386.00STEVEN PRIEM 03/20/201903/21/2019FACTORY MTR PTS #19$7.52STEVEN PRIEM 03/20/201903/21/20190391-AUTOPLUS$60.24STEVEN PRIEM 03/20/201903/21/20190391-AUTOPLUS$79.95STEVEN PRIEM 03/20/201903/21/2019BATTERIES PLUS - #0031$42.94STEVEN PRIEM 03/21/201903/22/2019KATH FUEL OFFICE$1,064.18STEVEN PRIEM 03/22/201903/25/20190391-AUTOPLUS$99.95STEVEN PRIEM 03/22/201903/25/2019GENERATOR SPECIALTY CO I$25.00STEVEN PRIEM 03/26/201903/27/2019MACQUEEN EQUIPMENT GROUP$47.46STEVEN PRIEM 03/26/201903/27/2019BEST BUY MHT 00000109$96.63STEVEN PRIEM 03/26/201903/27/20190391-AUTOPLUS$90.85STEVEN PRIEM 03/26/201903/27/2019AN FORD WHITE BEAR LAK$1,210.85STEVEN PRIEM 03/27/201903/28/2019FACTORY MTR PTS #19$171.82STEVEN PRIEM 03/28/201903/29/2019FRONTIER HASTINGS 010102$674.80STEVEN PRIEM 03/28/201903/29/2019POMP'S TIRE #021$292.24STEVEN PRIEM 03/28/201903/29/2019FACTORY MTR PTS #19$171.82STEVEN PRIEM 03/28/201903/29/20190391-AUTOPLUS$37.26STEVEN PRIEM KELLY PRINS 03/18/201903/19/2019DALCO ENTERPRISES$191.46 03/19/201903/20/2019SQ *WINDSORVACPARTS$131.63KELLY PRINS 03/19/201903/21/2019AMERICAN CARNIVAL MART$506.00AUDRA ROBBINS 03/19/201903/21/2019FUN EXPRESS$70.78AUDRA ROBBINS 03/22/201903/25/2019SKATESTOPPERS/INTELLICEPT$1,167.50AUDRA ROBBINS 03/22/201903/25/2019FUN EXPRESS$79.80AUDRA ROBBINS 03/25/201903/25/2019PARTY CITY 1002$31.24AUDRA ROBBINS 03/26/201903/27/2019GARY CARLSON EQUIPMENT$965.00ROBERT RUNNING 03/19/201903/21/2019MENARDS OAKDALE MN$121.88JASON SAKRY 03/21/201903/22/2019FRATTALLONES WOODBURY AC$21.41JASON SAKRY 03/21/201903/25/2019MENARDS OAKDALE MN$156.66JASON SAKRY 03/22/201903/25/2019MENARDS OAKDALE MN($16.73)JASON SAKRY 03/22/201903/25/2019MENARDS OAKDALE MN$9.81JASON SAKRY 03/26/201903/28/2019MENARDS OAKDALE MN$74.86JASON SAKRY 03/15/201903/18/2019LILLIE SUBURBAN NEWSPAPER$117.89DEB SCHMIDT 03/20/201903/21/2019LILLIE SUBURBAN NEWSPAPER$69.00DEB SCHMIDT 03/16/201903/18/2019CINTAS 60A SAP$236.93SCOTT SCHULTZ 03/16/201903/18/2019CINTAS 60A SAP$94.10SCOTT SCHULTZ 03/17/201903/18/2019REPUBLIC SERVICES TRASH$1,326.63SCOTT SCHULTZ 03/20/201903/21/2019CINTAS 60A SAP$62.23SCOTT SCHULTZ 03/20/201903/21/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ 03/20/201903/21/2019CINTAS 60A SAP$33.72SCOTT SCHULTZ 03/20/201903/21/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ 03/25/201903/27/2019ON SITE SANITATION INC$58.00SCOTT SCHULTZ 03/27/201903/28/2019CINTAS 60A SAP$62.23SCOTT SCHULTZ 03/27/201903/28/2019CINTAS 60A SAP$12.63SCOTT SCHULTZ 03/27/201903/28/2019CINTAS 60A SAP$12.85SCOTT SCHULTZ $25.56SCOTT SCHULTZ 03/27/201903/28/2019CINTAS 60A SAP 03/22/201903/25/2019OFFICE DEPOT #1090$272.98STEPHANIE SHEA 03/22/201903/25/2019OFFICE DEPOT #1090$70.66STEPHANIE SHEA 03/25/201903/27/2019OFFICE DEPOT #1090$34.74STEPHANIE SHEA 03/22/201903/25/2019PRZCHARGE.PREZI.COM$228.00JOE SHEERAN 03/24/201903/25/2019FACEBK JH22VJWBC2$25.00JOE SHEERAN Packet Page Number 34 of 184 G1, Attachments 03/14/201903/18/2019ROGUE FITNESS$593.36MICHAEL SHORTREED 03/19/201903/21/2019GREAT RIVER OFFICE PRODUC$3,244.00MICHAEL SHORTREED 03/19/201903/21/2019GREAT RIVER OFFICE PRODUC$631.05MICHAEL SHORTREED 03/20/201903/21/2019TARGET 00011858$16.07MICHAEL SHORTREED 03/21/201903/22/2019TARGET 00011858$5.36MICHAEL SHORTREED 03/21/201903/22/2019EMERGENCY AUTO TECH$90.00MICHAEL SHORTREED 03/26/201903/27/2019AMZN MKTP US*MW7VM2MY1$36.50MICHAEL SHORTREED 03/28/201903/28/2019AMZN MKTP US*MW9X62132$31.12MICHAEL SHORTREED 03/28/201903/29/2019PANERA BREAD #601305 P$13.29MICHAEL SHORTREED 03/22/201903/25/2019BEST WESTERN HOTELS ST$351.39ANDREA SINDT 03/28/201903/29/2019MINNESOTA STATE COLLEGES($90.00)ANDREA SINDT 03/16/201903/18/2019PETSMART # 0461$48.31JOSEPH STEINER 03/23/201903/25/2019CUB FOODS #1599$9.12PAUL THIENES $59,537.34 Packet Page Number 35 of 184 G1, Attachments Check Register City of Maplewood 04/12/2019 CheckDateVendorDescriptionAmount 10349204/08/201900396MN DEPT OF PUBLIC SAFETYEMERGENCY VEHICLE 2019 TAHOE2,632.65 10349304/16/201904137THE EDGE MARTIAL ARTSKARATE INSTRUCTION - FEB & MARCH1,921.50 10349404/16/201900687HUGO'S TREE CARE INCEAB REMOVALS8,982.00 04/16/201900687HUGO'S TREE CARE INCHAZARDOUS TREE REMOVALS780.00 10349504/16/201904316CITY OF MINNEAPOLIS RECEIVABLESAUTO PAWN SYSTEM - FEBRUARY476.10 10349604/16/201903334UNIQUE PAVING MATERIALS CORPWINTER PATCHING MATERIALS3,067.20 10349704/16/201905755JOANN WILSONVOLLEYBALL REFEREE 02/11 - 04/10243.00 10349804/16/201901974BLUE CROSS REFUNDSREFUND FOR TRANS MEDIC - L YANG438.63 10349904/16/201901869DALE BOETTCHERVOLLEYBALL REFEREE 02/11 - 04/10216.00 10350004/16/201901865DON BOWMANVOLLEYBALL ASSIGNMENTS 02/11 - 04/101,296.00 10350104/16/201901871KENNETH COOPERVOLLEYBALL REFEREE 02/11 - 04/101,026.00 10350204/16/201903921COTTAGE GROVE ATHLETIC ASSOC.YOUTH BASKETBALL LEAGUE EXPENSES7,442.66 10350304/16/201904024DEPT OF HUMAN SERVICESNON-FED SHARE/AMB SUPPLEMENT PMT155,600.56 10350404/16/201906008DIVE RESCUE INTERNATIONAL, INCTRAINING KIT110.40 10350504/16/201903569ELPIS ENTERPRISESBAT HOUSE BUILDING WORKSHOP240.00 10350604/16/201905618ENTERPRISE FM TRUSTLEASE CHARGES FIRE & PD VEHICLES3,031.74 10350704/16/201900477ESS BROTHERS & SONS INC2 CATCH BASIN STOOL GRATES475.32 10350804/16/201905189GLOBAL RENTAL CO., INC.REPAIRS TO EAB RENTAL TRUCK9,748.76 10350904/16/201905852KATHLEEN GRAENVOLLEYBALL REFEREE 02/11 - 04/10162.00 10351004/16/201905313GRAPHIC DESIGN, INC.STATIONERY ORDER2,958.00 04/16/201905313GRAPHIC DESIGN, INC.STATIONERY ORDER877.00 04/16/201905313GRAPHIC DESIGN, INC.STATIONERY ORDER392.00 04/16/201905313GRAPHIC DESIGN, INC.STATIONERY ORDER380.00 04/16/201905313GRAPHIC DESIGN, INC.STATIONERY ORDER129.00 04/16/201905313GRAPHIC DESIGN, INC.BUSINESS CARDS - CITY COUNCIL106.00 10351104/16/201903330HOISINGTON KOEGLER GROUP INCNC MASTER PLAN CONSULTING - FEB6,327.80 10351204/16/201903538PATRICK JAMES HUBBARDVOLLEYBALL REFEREE 02/11 - 04/10729.00 10351304/16/201905533KIRVIDA FIREREPAIRS TO ENGINE #333 #3254,825.98 10351404/16/201900846LANGUAGE LINE SERVICESPD PHONE-BASED INTERPRETIVE SRVS76.05 10351504/16/201902060CITY OF LITTLE CANADAYOUTH BASKETBALL LEAGUE EXPENSES1,693.38 10351604/16/201900891M A M ALUNCHEON MEETING 03/28 - M FUNK25.00 10351704/16/201900532MADDEN GALANTER HANSEN, LLPHR LEGAL FEES LABOR REL - MARCH2,482.50 10351804/16/201905910MAHTOMEDI BASKETBALL ASSOC.YOUTH BASKETBALL LEAGUE EXPENSES1,053.62 10351904/16/201905222MARTIN-MCALLISTERPERSONNEL EVALUATION3,900.00 10352004/16/201905965LYDIA MESAVOLLEYBALL REFEREE 02/11 - 04/10702.00 10352104/16/201900986METROPOLITAN COUNCILMONTHLY SAC - MARCH12,300.75 10352204/16/201903838MN FIAM BOOK SALESPUMPING APPARATUS DRIVER/OP BOOKS106.00 10352304/16/201901044MN FIRE SERVICE CERT BDINSPECTOR II FIRE CERTIFICATION EXAM375.00 10352404/16/201900001ONE TIME VENDORREFUND DERCON CONST-2023 DULUTH117.00 10352504/16/201900001ONE TIME VENDORREFUND BOEHM HTG - 2000 KENWOOD32.00 10352604/16/201905918PERKINS + WILL INC.NORTH END VISION PLAN10,638.17 10352704/16/201901261PHYSIO-CONTROL, INC.REPAIR MONITORS3,091.00 10352804/16/201904211PREFERRED ONE ADMIN SRVSREFUND FOR TRANS MEDIC - A DUPEY2,272.87 10352904/16/201900396MN DEPT OF PUBLIC SAFETYCJDN ACCESS FEE - 1ST QTR JAN-MAR1,920.00 10353004/16/201901340REGIONS HOSPITALMEDICAL SUPPLIES971.29 10353104/16/201904432EUGENE E. RICHARDSONVOLLEYBALL REFEREE 02/11 - 04/10783.00 10353204/16/201905120RICH SCHELLVOLLEYBALL REFEREE 02/11 - 04/10567.00 10353304/16/201905498RICHARD A. SCHMIDTVOLLEYBALL REFEREE 02/11 - 04/10162.00 10353404/16/201904207STRYKER SALES CORP.COT REPAIRS433.08 10353504/16/201905663TRANS UNION LLCPRE-EMPOLYMENT CREDIT CK SRVS105.50 10353604/16/201906016VALBRIDGE PROPERTY ADVISORSREAL ESTATE APPRAISAL REPORT2,500.00 10353704/16/201901872MARK WEBERVOLLEYBALL REFEREE 02/11 - 04/10162.00 10353804/16/201905771PETER ZWACHVOLLEYBALL REFEREE 02/11 - 04/10486.00 Packet Page Number 36 of 184 G1, Attachments 261,570.51 47Checks in this report. Packet Page Number 37 of 184 G1, Attachments CITY OF MAPLEWOOD Disbursements via Debits to Checking account Settlement DatePayeeDescriptionAmount 4/8/2019MN State TreasurerDrivers License/Deputy Registrar77,039.25 4/8/2019U.S. TreasurerFederal Payroll Tax110,485.05 4/8/2019P.E.R.A.P.E.R.A.123,853.13 4/8/2019MidAmerica - INGHRA Flex plan16,547.91 4/8/2019Labor UnionsUnion Dues2,295.20 4/9/2019MN State TreasurerDrivers License/Deputy Registrar32,993.39 4/9/2019Empower - State PlanDeferred Compensation30,910.00 4/9/2019MN State TreasurerState Payroll Tax25,968.24 4/10/2019MN State TreasurerDrivers License/Deputy Registrar74,934.75 4/10/2019Delta DentalDental Premium3,325.25 4/11/2019MN State TreasurerDrivers License/Deputy Registrar82,352.47 4/12/2019MN State TreasurerDrivers License/Deputy Registrar86,611.39 4/12/2019MN Dept of Natural ResourcesDNR electronic licenses1,109.00 4/12/2019Optum HealthDCRP & Flex plan payments1,164.78 669,589.81 Packet Page Number 38 of 184 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 04/05/19ABRAMS, MARYLEE537.68 04/05/19JUENEMANN, KATHLEEN473.60 04/05/19KNUTSON, WILLIAM473.60 04/05/19NEBLETT, SYLVIA473.60 04/05/19SMITH, BRYAN473.60 04/05/19COLEMAN, MELINDA6,588.64 04/05/19FUNK, MICHAEL5,899.75 04/05/19KNUTSON, LOIS3,092.54 04/05/19CHRISTENSON, SCOTT3,003.98 04/05/19JAHN, DAVID2,867.35 04/05/19PRINS, KELLY2,621.39 04/05/19HERZOG, LINDSAY2,090.24 04/05/19RAMEAUX, THERESE3,657.77 04/05/19ANDERSON, CAROLE1,861.16 04/05/19DEBILZAN, JUDY2,901.99 04/05/19OSWALD, BRENDA2,550.40 04/05/19PAULSETH, ELLEN5,456.32 04/05/19RUEB, JOSEPH4,194.9247.33 04/05/19ARNOLD, AJLA2,454.87 04/05/19BEGGS, REGAN2,545.13 04/05/19COLE, DEBORAH3,618.95 04/05/19EVANS, CHRISTINE2,594.05 04/05/19LARSON, MICHELLE2,587.27 04/05/19SINDT, ANDREA3,750.80103.77 04/05/19HANSON, MELISSA2,336.09 04/05/19HOCKBEIN, JUDY562.71 04/05/19KRAMER, PATRICIA1,729.97 04/05/19MOY, PAMELA2,625.71 04/05/19OSTER, ANDREA2,768.32 04/05/19RICHTER, CHARLENE2,043.97 04/05/19VITT, JULIANNE493.01 04/05/19WEAVER, KRISTINE3,398.16 04/05/19ABEL, CLINT601.98 04/05/19ALDRIDGE, MARK3,960.94 04/05/19BAKKE, LONN3,910.36 04/05/19BARTZ, PAUL3,959.75 04/05/19BELDE, STANLEY4,020.20 04/05/19BENJAMIN, MARKESE3,415.11 04/05/19BERG, TERESA2,427.48 04/05/19BERGERON, ASHLEY2,880.88 04/05/19BIERDEMAN, BRIAN4,247.93 04/05/19BURT-MCGREGOR, EMILY2,911.73 04/05/19BUSACK, DANIEL4,488.70 04/05/19COLEMAN, ALEXANDRA2,276.63 04/05/19CONDON, MITCHELL2,485.18 04/05/19CORCORAN, THERESA2,596.35 04/05/19CROTTY, KERRY4,700.01 04/05/19DEMULLING, JOSEPH4,109.64 04/05/19DUGAS, MICHAEL4,449.34 04/05/19ERICKSON, VIRGINIA9,781.576,200.95 Packet Page Number 39 of 184 G1, Attachments 04/05/19FISHER, CASSANDRA3,136.2025.52 04/05/19FORSYTHE, MARCUS3,115.24 04/05/19FRITZE, DEREK4,071.49 04/05/19GABRIEL, ANTHONY6,288.49 04/05/19HANSON, MACKENZIE348.00 04/05/19HAWKINSON JR, TIMOTHY3,852.17 04/05/19HENDRICKS, JENNIFER2,203.67 04/05/19HER, PHENG3,761.86 04/05/19HIEBERT, STEVEN3,580.62 04/05/19HOEMKE, MICHAEL3,345.54 04/05/19JOHNSON, KEVIN4,571.14 04/05/19KHAREL, RAM348.00 04/05/19KONG, TOMMY3,598.06 04/05/19KREKELER, NICHOLAS678.51 04/05/19KROLL, BRETT3,810.73 04/05/19KUCHENMEISTER, JASON1,800.60 04/05/19KVAM, DAVID5,019.96 04/05/19LANGNER, SCOTT3,484.91 04/05/19LANGNER, TODD4,042.53 04/05/19LENERTZ, NICHOLAS2,593.95 04/05/19LYNCH, KATHERINE3,415.11 04/05/19MARINO, JASON3,952.26 04/05/19MCCARTY, GLEN3,645.67 04/05/19MICHELETTI, BRIAN4,525.12 04/05/19MURRAY, RACHEL2,653.60 04/05/19NADEAU, SCOTT5,818.59 04/05/19NYE, MICHAEL4,587.34 04/05/19OLSON, JULIE3,814.11 04/05/19PARKER, JAMES3,680.50 04/05/19SALCHOW, CONNOR348.00 04/05/19SEPULVEDA III, BERNARDO384.25 04/05/19SHEA, STEPHANIE2,356.06 04/05/19SHORTREED, MICHAEL4,880.44 04/05/19STARKEY, ROBERT2,911.27 04/05/19STEINER, JOSEPH4,527.41 04/05/19STOCK, AUBREY2,301.78 04/05/19SWETALA, NOAH174.00 04/05/19TAUZELL, BRIAN3,710.01 04/05/19THIENES, PAUL4,429.93 04/05/19WENZEL, JAY3,548.71 04/05/19WIETHORN, AMANDA2,464.08 04/05/19XIONG, KAO3,548.71 04/05/19XIONG, TUOYER2,276.63 04/05/19ZAPPA, ANDREW3,592.32 04/05/19BARRETTE, CHARLES3,026.89 04/05/19BAUMAN, ANDREW3,514.23 04/05/19BEITLER, NATHAN3,027.62 04/05/19CAPISTRANT, JOHN157.50 04/05/19CONWAY, SHAWN4,134.96 04/05/19CRAWFORD JR, RAYMOND3,658.90 04/05/19CRUMMY, CHARLES3,061.75 04/05/19DABRUZZI, THOMAS3,392.70 04/05/19DANLEY, NICHOLAS4,515.26 04/05/19DAVISON, BRADLEY4,043.29 04/05/19DAWSON, RICHARD4,479.62 04/05/19HAGEN, MICHAEL2,856.91 04/05/19HALWEG, JODI3,479.51 04/05/19HAWTHORNE, ROCHELLE3,663.83 04/05/19KUBAT, ERIC3,872.93 04/05/19LANDER, CHARLES3,264.28 04/05/19LO, CHING1,526.79 Packet Page Number 40 of 184 G1, Attachments 04/05/19LUKIN, STEVEN5,503.01 04/05/19MALESKI, MICHAEL2,920.46 04/05/19MCGEE, BRADLEY4,425.07 04/05/19MERKATORIS, BRETT3,301.14 04/05/19MONDOR, MICHAEL6,339.781,125.00 04/05/19NEILY, STEVEN2,951.88 04/05/19NIELSEN, KENNETH3,420.22 04/05/19NOVAK, JEROME3,832.36 04/05/19PERRY, SAM2,478.19 04/05/19POWERS, KENNETH3,583.04 04/05/19SEDLACEK, JEFFREY3,583.27 04/05/19SMITH, CHARLES2,845.18 04/05/19STREFF, MICHAEL3,654.20 04/05/19ZAPPA, ERIC3,264.28 04/05/19CORTESI, LUANNE2,594.05 04/05/19JANASZAK, MEGHAN2,770.25 04/05/19BRINK, TROY3,428.62 04/05/19BUCKLEY, BRENT3,119.59 04/05/19DOUGLASS, TOM2,737.14 04/05/19EDGE, DOUGLAS3,021.16 04/05/19JOHNSON, JEREMY2,508.79 04/05/19JONES, DONALD3,216.43 04/05/19MEISSNER, BRENT3,128.86 04/05/19NAGEL, BRYAN4,500.60 04/05/19OSWALD, ERICK3,351.21 04/05/19RUNNING, ROBERT3,469.88 04/05/19TEVLIN, TODD3,203.49 04/05/19BURLINGAME, NATHAN3,611.67 04/05/19DUCHARME, JOHN3,746.12 04/05/19ENGSTROM, ANDREW3,771.62 04/05/19JAROSCH, JONATHAN4,066.40 04/05/19LINDBLOM, RANDAL3,748.57 04/05/19LOVE, STEVEN5,474.87 04/05/19STRONG, TYLER3,138.65 04/05/19ZIEMAN, SCOTT328.00 04/05/19HAMRE, MILES2,815.70 04/05/19HAYS, TAMARA2,843.03 04/05/19HINNENKAMP, GARY3,265.21 04/05/19NAUGHTON, JOHN2,997.31 04/05/19ORE, JORDAN2,852.60 04/05/19SAKRY, JASON2,448.45 04/05/19BIESANZ, OAKLEY2,523.06 04/05/19GERNES, CAROLE1,872.16 04/05/19HER, KONNIE751.50 04/05/19HUTCHINSON, ANN3,169.60 04/05/19TROENDLE, CATHY JO72.00 04/05/19WACHAL, KAREN1,380.28 04/05/19GAYNOR, VIRGINIA3,875.83 04/05/19JOHNSON, ELIZABETH2,428.20 04/05/19KONEWKO, DUWAYNE5,847.305,256.00 04/05/19KROLL, LISA2,601.79 04/05/19ADADE, JANE1,939.66 04/05/19FINWALL, SHANN4,456.99 04/05/19MARTIN, MICHAEL4,098.03 04/05/19BRASH, JASON9,395.765,464.00 04/05/19SWAN, DAVID3,808.80 04/05/19WEIDNER, JAMES3,269.05 04/05/19WELLENS, MOLLY2,440.52 04/05/19REININGER, RUSSELL2,373.60 04/05/19ABRAHAM, JOSHUA2,787.70 04/05/19AYALA ORTIZ, WALTER108.00 Packet Page Number 41 of 184 G1, Attachments 04/05/19BJORK, BRANDON276.00 04/05/19BRENEMAN, NEIL3,177.62 04/05/19GORACKI, GERALD30.00 04/05/19HURT, LAURA120.00 04/05/19KUCHENMEISTER, GINA2,373.23 04/05/19KUCHENMEISTER, JACK131.25 04/05/19NINGEN, BRANDON115.50 04/05/19ROBBINS, AUDRA4,483.77 04/05/19ROBBINS, CAMDEN356.25 04/05/19THAO, THONY272.00 04/05/19BERGO, CHAD4,400.02242.07 04/05/19SCHMITZ, KEVIN2,566.81 04/05/19SHEERAN JR, JOSEPH3,839.49 04/05/19ADAMS, DAVID2,917.72 04/05/19HAAG, MARK3,398.85 04/05/19JENSEN, JOSEPH2,877.23 04/05/19SCHULTZ, SCOTT4,468.90 04/05/19WILBER, JEFFREY2,886.42 04/05/19PRIEM, STEVEN3,329.05 04/05/19WOEHRLE, MATTHEW3,101.80 04/05/19XIONG, BOON2,754.14 04/05/19FOWLDS, MYCHAL4,763.89 04/05/19FRANZEN, NICHOLAS4,148.61 04/05/19GERONSIN, ALEXANDER2,621.14 04/05/19RENNER, MICHAEL3,100.83 9910370904/05/19RADINZEL, AUSTIN2,575.20 609,371.76 Packet Page Number 42 of 184 G2 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM:Resolution of Support for a Minnesota Energy Education Grant Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Maplewood’s Sustainability Chapter of the 2040 Comprehensive Plan includes energy goals for reducing greenhouse gas emissions. The Minnesota Energy Education Grant is designed to be used for expenses to develop andencourage increased participation in educational initiatives that promote the useof energy efficiency and renewable energy. Recommended Action: Motion to approve the resolution of support for aMinnesota Energy Education grant. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:The City will partner with paleBLUEdot to create the Re-Energize Maplewood solar pv educational content. No matching cash funds are required as part of the grant award. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. TheMinnesota Energy Education Grant will ensure operational effectiveness by assistingthe City in meeting itsenergy goals and improvingcommunity resilience.The Re-Energize Maplewood solar pv education content created through the grant funds will offer outreach opportunities and reduce educational barriers to solar power and solar jobs accessible to low-income and diverse communities.It willempower, inspire, and motivate a new generation of energy leaders, of all ages and backgrounds. Packet Page Number 43 of 184 G2 Background TheMinnesota Department of Commerce Energy Division hasdeveloped a small grants program to promote energy education at the local level. The maximum grant award is $5,000 to carry out energy education initiatives. Grant awards are for expenses to develop or encourage increased participation in educational initiatives that promote the use of energy efficiency and renewable energy. The City ofMaplewood recently completed the Re-Energize Maplewood!project with a focus on expanding adoption of energy efficiency measures and identification of renewable energypotential within the City. As a followup to that effort, this grant application seeks to develop Re-Energize Maplewood! solar pv educational content and a master presentation on solar pv for general audiences, youth, and business owners. Grant funds in the amount of $4,250 will be used to pay the City’s partnerpaleBLUEdotto research City-wide rooftop solar potential, research Maplewood solar site assessment examples, create solar education and training modules, and compile education presentations. If awarded, the grant work will begin in May and be complete by June 30, 2019. Attachments 1.Resolution of Support for a Minnesota Energy Education Grant Packet Page Number 44 of 184 G2, Attachment 1 RESOLUTION NO. ___________ Resolution of Support for a Minnesota Energy Education Grant WHEREAS, Maplewood’s 2040 Comprehensive Plan includes energy goals for reducing greenhouse gas emissions. WHEREAS, the Minnesota Energy Education Grant is designed to be used for expenses to develop and encourage increased participation in education initiatives that promote the use of energy efficiency and renewable energy. WHEREAS, the City ofMaplewood recently completed the Re-Energize Maplewood!project with a focus on expanding adoption of energy efficiency measures and identification of renewable energy potential within the City. WHEREAS, the City of Maplewood, in partnership with paleBLUEdot, LLC, applied for a Minnesota Energy Education Grant in the amount of $4,250. WHEREAS, the Minnesota Energy Education Grant will develop Re-Energize Maplewood! solar pv educational content and a master presentation on solar pvfor general audiences, youth, and business owners. WHEREAS, the grant efforts include researching City-wide rooftop solar potential, researching Maplewood solar site assessment examples, creating solar education and training modules, and compiling education presentations. WHEREAS, the grant funds will be used to pay paleBLUEdot, LLC, for those planning efforts. WHEREAS, if awarded, the Minnesota Energy Education grant project will begin in May 2019 and be completed by June 30, 2019. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that the City Council supports the efforts to seek a Minnesota Energy Education Grant in the amount of $4,250. The Maplewood City Council adopts this resolution on April 22, 2019 Packet Page Number 45 of 184 G3 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Shann Finwall, AICP, Environmental Planner PRESENTER: Shann Finwall, AICP, Environmental Planner AGENDA ITEM:Cooperative Funding Agreement –Rice Street and Larpenteur Avenue Gateway Alliance Consulting Services Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The Cities of Maplewood, Roseville, and St. Paul, and Ramsey County have a mutual interest in identifying critical redevelopment and reinvestment opportunities within the Rice Street and Larpenteur Avenue Gateway Corridor. A Cooperative Funding Agreement will memorialize in writing respective obligations and funding for professional services for the second phase of the project. Recommended Action: Motion to approve the Rice Street and Larpenteur Avenue Gateway Alliance Consulting Services Cooperative Funding Agreement. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$10,000 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:EDA Fund Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. Thevision for the RiceStreet and Larpenteur Avenue Gateway Corridor is a safe, engaging, and inviting neighborhood center that includes common space, a high-quality pedestrian environment, and robust reinvestment for the diverse people of the surrounding communities to live, conduct business, and play together. Background The Cities of Maplewood, Roseville, and Saint Paul, and Ramsey County (the Interim Alliance) have been working to bring attention to the Rice Street and Larpenteur Avenue Gateway Corridor. Packet Page Number 46 of 184 G3 The group was initially organized through meeting facilitation by the St. Paul Area Chamber of Commerce. In 2017, the group retained consultants from Perkins+Will to act as project managers for a multi-jurisdictional visioning plan. Perkins+Will convened a year-long planning process that included public engagement meetings, soliciting feedback, and leading content creation resulting in the Rice Street – Larpenteur Avenue Gateway Area Vision Plan(the Vision Plan). The Vision Plan can be accessed by visiting www.riceandlarpenteur.com. In January 2019the Interim Alliance released a Request for Proposals for the second phase of the project. On February 12, 2019, the Interim Alliance interviewed finalists to the RFP and unanimously selected the St. Paul Area Chamber of Commerce to lead the implementation phase of the Vision Plan. Next steps include convening and staffing the Interim Alliance, building and supporting a Long- Term Alliance, actively seeking economic development opportunities, leading the development of a multi-year funding strategy, and supporting vibrant community events and placemaking initiatives. The Cooperative Funding Agreement outlines financial contributions from each partner city to satisfy year-one of the contractual fees and expenses paid to the St. Paul Area Chamber of Commerce in the amount of $142,500. Financial support shall be proportionate to the following methodology: Saint Paul shall contribute $75,000.00 (56%) Maplewood shall contribute $10,000.00 (7%) Roseville shall contribute $50,000.00 (37%) The second phase of the project also received a grant from the Urban Land Institute in the amount of $7,500to help leverage the establishment of a Long Term Alliance. Ramsey County is reviewing opportunities for funding associated with implementation of the Vision Plan. Attachments 1.Cooperative Funding Agreement – Rice Street and Larpenteur Avenue Gateway Alliance Consulting Services 2.Rice-Larpenteur Vision Plan One Page Handout Packet Page Number 47 of 184 G3, Attachment 1 COOPERATIVE FUNDING AGREEMENT RICE ST AND LARPENTEUR AVEGATEWAY ALLIANCE CONSULTING SERVICES THIS COOPERATIVE FUNDING AGREEMENTis between the City of Maplewood, the City of St. Paul and the City of Roseville(collectively referred to as “Collaborative Agency Partners”)as of the last date of signature of the parties below. WHEREAS,the Collaborative Agency Partners border each other in an area approximately located at the intersection of Rice Street and Larpenteur Avenue in Ramsey County, Minnesota (“Border Area”); WHEREAS,the Collaborative Agency Partners have a mutual interest in identifying critical redevelopment and reinvestment opportunities within the Border Area and across municipal boundaries; WHEREAS,the Collaborative Agency Partners individually adopted the Rice and Larpenteur Gateway Area Vision Plan(“Visioning Plan”)in 2018; WHEREAS,each Collaborative Agency Partner has contributedfinancial support to fund the professional services necessary to build a Rice and Larpenteur Allianceto execute the Visioning Plan; WHEREAS,the Collaborative Agency Partners issued a Request for Proposals for consulting services to begin implementation of the Visioning Plan on January 7, 2019; and WHEREAS,the Collaborative Agency Partners interviewedfinalists on February 12, 2019 and unanimously selected the Saint Paul Area Chamber of Commerce to lead the implementation phase of the Visioning Plan; and WHEREAS,the Collaborative Agency Partners desire to centralize the funding of such professional services to the Saint Paul Area Chamber of Commerce through a Contract Manager; and, WHEREAS,the Collaborative Agency Partners desire to memorialize in writing their respective obligations through this Cooperative Funding Agreement. NOW, THEREFORE, intending to be bound by the mutual promises and obligations contained herein, the parties hereby agree as follows: 1.Contract Manager.The City of Roseville shall serve as the Contract Manager for the purposes of this Agreement and hereby agrees to the following obligations: A.The Contract Manager shall solicit, execute, and manage a Professional Services Agreement with the Saint Paul Area Chamber of Commerce tobegin implementation of the Visioning Plan. B.Prior to execution of such Professional Services Agreement, the Contract Manager shall consult with representatives of each CollaborativeAgency Partner to determine the appropriate desired scope of services, identity of the design firm, and material contractual terms. C.Disburse payments to the Saint Paul Area Chamber of Commercefrom funds collected pursuant to Section 2 below in an amount not to exceed $142,500. 2.Financial Contributions.The Collaborative Agency Partners shall each contribute financial support to satisfy contractualfees and expenses incurred by the Professional Services Agreement referenced in Section 1 above. Such financial support shall be proportionate to the following methodology: A.The City of Saint Paul shall contribute $75,000.00(56%). B.The City of Maplewood shall contribute $10,000.00 (7%). C.The City of Roseville shall contribute $50,000.00(37%). Each Collaborative Agency Partner shall remit its proportional financial contribution to the Contract Manager no later than April 30, 2019. Packet Page Number 48 of 184 G3, Attachment 1 Each Collaborative Agency Partner acknowledgesreceipt of a grant from the Urban Land Institute in the amount of $7,500 that will be further contribution of financial support to satisfy contractual fees and expenses incurred by the Professional Services Agreement referenced in Section 1 above. The Saint Paul Area Chamber of Commerceshall assume full responsibility with the collection and administrative requirements of this grant. In the event Ramsey County comes forward with funding associated with implementation of the Visioning Plan, the Collaborative Agency Partners acknowledge the Contract Manager will amend its professional services agreement with the Saint Paul Area Chamber of Commerce to identify the amount of funds and associated services that would be provided and such amendment would be reviewed and accepted by the Collaborative Agency Partners. In the event total contractual disbursements pursuant to the Professional Services Agreement under Section 1 result in unused funds, such remaining amount shall be refunded to the Collaborative Agency Partners in the same proportional methodology as their financial contributions. In the event total contractual disbursements pursuant to the Professional Services Agreement under Section 1 result in the Collaborative Agency Partners contributing additional financial support, an amendment to this agreement and the Professional Services Agreement shall occur. Indemnification.Pursuant to Minn. Stat. § 471.59, Subd.1a.(a) each party will be responsible for its own acts and omissions and those of its officers, agents and employees with respect to any claims, lawsuits, or expenses for personal or property damages, losses or injuries, resulting from any activities undertaken pursuant to this Agreement. Nothing herein is intended or shall result in a waiver of the defenses or immunities, or monetary limits on damages that each is entitled to by law. 3.Liability Limitations.It is understood and agreed that the Parties’ liabilityshall be limited by the provisions of Minnesota Statutes, chapter 466, and/or other applicable law. The hold harmless provision of this Agreement does not constitute a waiver by any Party of any limitations on liability provided under Minnesota Statutes, section 466.04, as amended. To the fullest extent permitted by law, actions bythe Parties pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, section 471.59, subdivision 1a(a) as amended. Each Party to this Agreement expressly declines responsibility for the acts or omissions of theother Party. Each Party agrees to promptly notify the otherPartyif it knows or becomes aware of any facts or allegations reasonably giving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, involving or reasonably likely to involve the other Party, and arising out of acts or omissions related to this Agreement. 4.Entire Agreement. This Agreement supersedes any prior or contemporaneous representations or agreements, whether written or oral, between the Parties and contains the entire agreement. 5.Amendments.Any modification or amendment tothis Agreement shall require a written agreement signed by both Parties. 6.Governing Law.This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall be venuedin RamseyCounty, Minnesota. 7.Government Data/Privacy. Each Party, its employees, officials and agents, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, and all other applicable state and federal laws, rules, regulations and orders relating to data privacy or confidentiality, and as any of the same may be amended. 8.Waiver.The waiver by either Party of any breach or failure to comply with any provision of this Agreement by the other Partyshall not be construed as, or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. 2 Packet Page Number 49 of 184 G3, Attachment 1 9.Notices.All notices and other communications pursuant to this Agreement must be in writing and must be given by registered or certified mail, postage prepaid, or delivered by hand at the addresses set forth below: To Roseville:City of Roseville 2660 Civic Center Drive Roseville, MN 55113 To Maplewood: City of Maplewood 1830 County Road B East. Maplewood, MN 55109 To Saint Paul: City of Saint Paul 15 Kellogg Boulevard West Saint Paul, MN 55102 10.Savings Clause. If any court finds any portion of this Agreement to be contrary to law, invalid, or unenforceable, the remainder of the Agreement will remain in full force and effect. 11.Counterparts.This Agreement may be signed in counterparts, each of which shall be deemed an original, and which taken together shall be deemed to be one and the same document. 12.Effective Date.This Agreement is effective on the date last executed by one of the Parties below. IN WITNESS WHEREOF,the City of Roseville and Collaborative Agency Partners have caused this Cooperative Funding Agreement to be executed by their duly authorized representatives. CITY OF ROSEVILLE By: _____________________________________________ Dan Roe Its: Mayor Date: _____________________________________________ By: _____________________________________________ Patrick Trudgeon Its: City Manager Date: _____________________________________________ CITY OF SAINT PAUL Approved as to form: _____________________________________ Assistant City Attorney By: _____________________________________________ Mayor / Deputy Mayor Its: Date: _____________________________________________ By: _____________________________________________ John McCarthy Its: Director, Office of Financial Services Date: _____________________________________________ CITY OF MAPLEWOOD 3 Packet Page Number 50 of 184 G3, Attachment 1 By:_____________________________________________ Marylee Abrams Its: Mayor Date: _____________________________________________ By: _____________________________________________ Melinda Coleman Its: City Manager Date: _____________________________________________ 4 Packet Page Number 51 of 184 G3, Attachment 2 Packet Page Number 52 of 184 G4 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Jane Adade, Planner PRESENTER: Jane Adade, Planner AGENDA ITEM:Conditional Use Permit Review, CarMax, 1325 Beam Ave Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The conditional use permit (CUP) review for the CarMax Automobile Dealership located at 1325 Beam Avenue is due for itsannual review. Recommended Action: Motion to approve theCUP reviewforthe CarMax Automobile Dealership and review again in one year. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. City ordinance requires conditional use permits be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision. At the one-year review, the council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. Background Carmax Automobile Dealership was completed in 2015 and a certificate of occupancy issued in July 2015. At the time of its review last year, Carmax was meeting all the major requirements outlined in its CUP, with the exception of the planting maintenance agreement for the wetland buffer and infiltration basin. The site is tidy and being well maintained but the plantings in the infiltration basin and wetland buffer need to be reseeded and maintained. Staff has notified the applicant and will work with the applicant over the next year to ensure all new vegetation are planted and maintained. Packet Page Number 53 of 184 G4 Timeline December 12, 2006: The community design review board (CDRB) recommended approval of the CarMax plans. December 18, 2006: The City Council approved a CUP for this Planned Unit Development (PUD), the preliminary plat and the design plans. The council also adopted a resolution ordering the public improvements for the Mogren Retail Addition, which was then called the CarMax/Mogren Addition. January 9, 2007: The CDRB reviewed revisions to the building elevations and approved those changes. February 12, 2007: The City Council approved the final plat. January 14, 2008, March 9, 2009, March 8, 2010, February 28, 2011, February 27, 2012, February 25, 2013, March 24, 2014, March 23, 2015, April 11, 2016, April 14, 2017 and March 26, 2018: The City Council reviewed the CUP for this PUD and moved to review this permit again in one year. Reference Information Site Description Site Size: 12.38acres Existing Land Use: Auto Dealership (CarMax Automobile) Surrounding Land Uses North: Auto Dealership (Lexus) South: Manage A Wetland East: Manage A Wetland West: Highway 61 Planning Existing Land Use:Commercial (C) Existing Zoning:Planned Unit Development (PUD) Attachments 1.Overview Map 2.Project Site Plans 3.Landscaping Plans 4.December 18, 2006 CUP Conditions Packet Page Number 54 of 184 G4, Attachment 1 1325 Beam Avenue April 1, 2019 City of Maplewood Information Overview Map Legend ! I 0240 Feet Source: City of Maplewood, Ramsey County Packet Page Number 55 of 184 G, Attachment 2 Packet Page Number 56 of 184 G, Attachment 3 MAPLEWOOD, MN 55109 1325 BEAM AVE EAST L1 25820 STORE NUMBER 7633 License No. 1-888-937-5150 100% 04/21/14 7699 Anagram DriveFAX952-937-5822 Eden Prairie, MN 55344PHONE952-937-5150 I hereby certify that this plan was prepared by me or under my directsupervision and that I am a duly licensed PROFESSIONALLANDSCAPE ARCHITECT under the laws of the State of Minnesota.Paul D. SchroederDate: DOCUMENTS Packet Page Number 57 of 184 G, Attachment 4 Packet Page Number 58 of 184 G, Attachment 4 Packet Page Number 59 of 184 G, Attachment 4 Packet Page Number 60 of 184 G, Attachment 4 Packet Page Number 61 of 184 G5 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Jane Adade, Planner PRESENTER: Jane Adade, Planner AGENDA ITEM:Conditional Use Permit Review, Health Partners’ ResidentialTreatment Center, 2715 Upper Afton Road Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The conditional use permit (CUP)for the Health Partners’ Residential Treatment Center located at 2715 Upper Afton Road is due for itsannual review. Recommended Action: Motion to approve theCUP reviewforHealth Partners’ Residential Treatment Centerand review again onlyif a problem arisesor a major change is proposed. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. City ordinance requires conditional use permits bereviewed by the council within one year of the date of initial approval, unless such review is waived by council decision. At the one-year review, the council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. Background The renovation of the Health Partners’ Residential Treatment Center has been completed and the building is currentlyoccupied. The property is meeting all the requirements outlined in the conditional use permit. One of the CUP conditions required that the City’s Police Chief or designee periodically meet with Health Partners and the principal of Carver Elementary School concerning the facility’s security and safety. Sergeant Paul Thienes from the City’s Police Department has Packet Page Number 62 of 184 G5 maintained quarterly meetings with Health Partners and Carver Elementary School, regarding the facility’s security and response plans. There have been no issues or concerns with the facility from surrounding residents and businesses. Timeline August 24, 1982: The community design review board (CDRB) approved the plans for the existing building on this site. February 13, 2017: The City Council approved a CUP request for the Health Partners’ Residential Treatment Center. February 12, 2018: The City Council reviewed this CUP and moved to review this permit again in one year. Reference Information Site Description Site Size: 0.53acres Existing Land Use: Assisted Living Facility Surrounding Land Uses North: Restaurant South: Medical office Building East: Office Buildings West: Single Family Homes Planning Existing Land Use:Commercial (C) Existing Zoning:Business Commercial (BC) Attachments 1.Overview Map 2.Existing Conditions 3.Exterior Renderings 4.February 13, 2017CUP Conditions Packet Page Number 63 of 184 G5, Attachment 1 2715 upper Afton Road April 1, 2019 City of Maplewood Information Overview Map Legend ! I 0120 Feet Source: City of Maplewood, Ramsey County Packet Page Number 64 of 184 G5, Attachment 2 Existing Conditions -SouthFace Packet Page Number 65 of 184 G5, Attachment 2 Existing Conditions -North Face Packet Page Number 66 of 184 G5, Attachment Packet Page Number 67 of 184 Packet Page Number 68 of 184 Packet Page Number 69 of 184 Packet Page Number 70 of 184 Packet Page Number 71 of 184 G6 CITY COUNCIL STAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Scott Nadeau, Public Safety Director PRESENTER:Scott Nadeau, Public Safety Director AGENDA ITEM: Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City Council approval is requested to sign the master subscriber agreement for Minnesota court data services government agencies. Recommended Action: Motion to approve the resolution authorizing the approval of the Master Subscriber Agreement for Minnesota Court Data Services for Governmental Agencies. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0.00 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. City Council approval is required to sign the agreement. Background The Maplewood Police Department has used an electronic program to access Minnesota court records called Odyssey Assistant, which is no longer available, and the Minnesota Government Access program is replacing it. Participation permits personnel to access data and see court documents through the courts data networks, assisting in the efficient performance of our governmental duties. Attachments 1.Master Subscriber Agreement 2.Resolution Packet Page Number 72 of 184 G6, Attachment 1 Packet Page Number 73 of 184 G6, Attachment 1 Packet Page Number 74 of 184 G6, Attachment 1 Packet Page Number 75 of 184 G6, Attachment 1 Packet Page Number 76 of 184 G6, Attachment 1 Packet Page Number 77 of 184 G6, Attachment 1 Packet Page Number 78 of 184 G6, Attachment 1 Packet Page Number 79 of 184 G6, Attachment 1 Packet Page Number 80 of 184 G6, Attachment 1 Packet Page Number 81 of 184 G6, Attachment 1 Packet Page Number 82 of 184 G6, Attachment 1 Packet Page Number 83 of 184 G6, Attachment 1 Packet Page Number 84 of 184 G6, Attachment 1 Packet Page Number 85 of 184 G6, Attachment 1 Packet Page Number 86 of 184 G6, Attachment 1 Packet Page Number 87 of 184 G6, Attachment 2 Approvthe Master Subscriber Agreement forMinnesotaCourt Data Services for Government Agencies WHEREAS, the Maplewood PoliceDepartment hasused anelectronic program toaccessMinnesota court recordscalledOdyssey Assistant whichis no longer available;and WHEREAS, a program called Minnesota Government Access (MGA)has been launched toreplace Odyssey Assistant and allowgovernment agencies access to recordsin the Minnesota CourtInformationSystem; and WHEREAS,MGAis aservicethatisfreetogovernmentagencieswhich requiresthe approval of a Master SubscriberAgreement that requiresauthorization fromtheagency governing body. NOW,THEREFORE, BEITRESOLVED bythe CityCouncil ofthe Cityof Maplewood,Ramsey County, Minnesota, toauthorize the approval ofthe Master Subscriber Agreement for Minnesota Court Services for government agencies. The Maplewood City Council passed this resolution on April 22, 2019. ______________________________ Marylee Abrams Mayor Packet Page Number 88 of 184 G7 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Jane Adade, Planner PRESENTER: Jane Adade, Planner AGENDA ITEM:Conditional Use Permit Review, Wakefield ParkCommunity Building, 1860 Hazelwood Street Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The conditional use permit (CUP)for the Wakefield Park Community Building at 1860 Hazelwood Streetis due for itsannual review. Recommended Action: Motion to approve theconditional use permit review for the Wakefield Park Community Building at 1860 Hazelwood Streetand review the project again in one year. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$0. Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:N/A Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. City ordinance requires conditional use permits be reviewed by the council within one year of the date of initial approval, unless such review is waived by council decision. At the one-year review, the council may specify an indefinite term or specific term, not to exceed five years, for subsequent reviews. Background The Wakefield Park improvements are close to being done as shown in the pictures attached. The construction is continuing at a good pace and all the conditions outlined in the conditional use permit are being met. Landscaping for the site has yet to be done. The project is scheduled to be completed before the end of spring this year. There have been no issues with the contractors, and staff have not received any complaints from residents about the project. Packet Page Number 89 of 184 G7 Timeline On April 8, 12017: The planning commission and community design review board were introduced to the Wakefield Community Building project. On October 17, 2017: The planning commission and the community design review held a joint meeting to discuss the building’s proposed colors and materials. On December 19, 2017: The community design review board reviewed and made recommendations regarding the proposed materials and colors. On February 26, 2018: The City Council approved a CUP for a 3,300 square foot community building at the Wakefield Park located at 1860 Hazelwood Street. Reference Information Site Description Site Size: 34.32acres Existing Land Use: Park and Associated Building Structures Surrounding Land Uses North: Frost Avenue and aChurch South: Residential Properties East: Residential Properties and a Church West:Residential Properties Planning Existing Land Use:Parks (P) Existing Zoning:Open Space and Parks (OSP) Attachments 1.Overview Map 2.Existing Conditions 3.Exterior Renderings 4.February 26, 2018CUP Conditions Packet Page Number 90 of 184 Packet Page Number 91 of 184 G7, Attachment 2 Existing Conditions - West Face Existing Conditions - North Face Packet Page Number 92 of 184 G7, Attachment 3 Packet Page Number 93 of 184 G7, Attachment 3 Packet Page Number 94 of 184 G7, Attachment 3 Packet Page Number 95 of 184 G7, Attachment 3 Packet Page Number 96 of 184 G7, Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,February 26,2018 City Hall, Council Chambers Meeting No. 04-18 A.NEW BUSINESS 1.Consider Approval of Wakefield Park Improvements, 1725 Prosperity Road N a.Conditional Use Permit Resolution b.Approval of Plans and Advertising for Bids Resolution Economic Development Coordinator Martin gave the staff report. Parks & Recreation Manager Robbins gave additional information on the Wakefield Park Improvements. Todd Haulunen, Project Manager with Kimley-Hornand Associates, Inc.and Tim McIlwain, Architect with Hagen, Christensen & McILwain addressed the council to give the presentation and answer questions of the council.Commissioner Bill Kempe addressed the council to the Planning Commission report. Councilmember Abrams moved to approve the conditional use permit resolution to allow a 3,300 square foot community building within the OSP (open space and parks) zoning district for the property located 1725 Prosperity Road Northsubject to the following conditions: 1.Allconstruction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. 2.The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The use of nine foot wide parking spaces is approved as an expansion of a legal, nonconforming use. 5.Prior to receiving any building permits related to this project, the Community Design Review Board must approve all design plans. Resolution 18-02-1540 WHEREAS, the City of Maplewood Parks and Recreation Department has applied for a conditional use permit to build a community building at 1725 Prosperity Road North. WHEREAS, conditional use permits are required for any public service or public building use. WHEREAS, this permit applies to the 34.32 acre site at 1725 Prosperity Avenue North. The property identification number is: 15-29-22-43-0022 Packet Page Number 97 of 184 G7, Attachment 4 WHEREAS, the history of this conditional use permit is as follows: 1.On February 20, 2018, 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 approvethe conditional use permit. 2.On February 26, 2018, 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 approved the above-described conditional use permit because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the City’s Comprehensive Plan and Code of Ordinances. 2.The use would not change the existing or planned character of the surrounding area. 3.The use would not depreciate property values. 4.The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5.The use would not exceed the design standards of any affected street. 6.The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7.The use would not create excessive additional costs for public facilities or services. 8.The use would maximize the preservation of and incorporate the site’s natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.All construction shall follow the project plans as approved by the city. The director of environmental and economic development may approve minor changes. Packet Page Number 98 of 184 G7, Attachment 4 2.The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.The city council shall review this permit in one year. 4.The use of nine foot wide parking spaces is approved as an expansion of a legal, nonconforming use. 5.Prior to receiving any building permits related to this project, the Community Design Review Board must approve all design plans. Seconded by Councilmember JuenemannAyes – All The motion passed Councilmember Juenemann moved to approve the resolution for the Wakefield Park Improvements, City Project PR 17-01, Approving Plans and Advertising for Bids. Resolution 18-02-1541 Approving Plans Advertising for Bids WHEREAS, the City Council on February 27, 2017 authorized City staff to proceed with the Wakefield Park Improvements, City Project PR 17-01, WHEREAS, City staff has contracted with Kimley-Horn and Associates, Inc. to prepare plans and specifications and who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the Parks andRecreation Director. 2.The City Clerk or office of the Parks and Recreation Director shall prepare and cause to be inserted into the official paper and Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the Council at 10:00 a.m. on the 21st day of March, 2018, at City Hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3.The City Clerk and the Parks and Recreation Director are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The Council will consider the bids, and the award of a contract, at the regular City Council meeting of March 26, 2018. Packet Page Number 99 of 184 G7, Attachment 4 Seconded by Councilmember XiongAyes – All The motion passed Packet Page Number 100 of 184 G8 CITY COUNCIL STAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Martin, Economic Development Coordinator PRESENTOR:Michael Martin, Economic Development Coordinator AGENDA ITEM: Resolutions Action Requested: MotionDiscussion Public Hearing Form of Action: ResolutionOrdinanceContract/Agreement Proclamation Policy Issue: MWF Properties has been working with staff to evaluate a potential 99-unit affordable apartment complex which would be constructed on vacant land southwest of County Road C East and White Bear Avenueomprehensive Plan to Mixed-Use Neighborhood which allows up to 31 units of housing per acre. MWF Properties is pursuing funding Credits from the Minnesota Housing Finance Agency. Both funding sources require resolutions and a letter of support. In addition the Minnesota Housing Finance Agency program requires the City to specify its support of TIF funding and the amount available for this project. To be clear, the City Council would only be signifying support of this project at this point. No financial or land use applications have been filed. The City Council cannot create a Housing TIF District in support of the project until all statutory requirements have been fully satisfied, including the consideration of comments from the public and affected governmental jurisdictions following a public hearing. Recommended Motion: Motion to approve the resolutions of support for a 99-unit affordable apartment complex which would be built on vacant land near County Road C East and White Bear Avenue (PID 11-29-22-22- 0041). This motion also authorizes the Mayor to sign a letter of support. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $0. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: This action is only signifying support of the potential project. Financial impacts of this project will be analyzed and considered by the City Council at a later date. Packet Page Number 101 of 184 G8 Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The 2040Comprehensive Plan establishes the goal to housing for both homeowners and renterand identified an action item to Metropolitan Council and other agencies and programs to provide funding assistance (to developers, and also to those in need of housing) to provide for affordable housing units in the community Background Ryan Schwickert with MWF Properties has been working with staff to develop a project that would consist of 99 affordable housing units in a three-story building built on vacant land near County Comprehensive Plan from Commercial to Mixed Used Neighborhood allowing for multi-family residential uses. MWF Properties has identified a funding gap in their proposed project which is common for affordable housing developments and is working to secure grant funding through Ramsey County HOME funds and Housing Tax Credits from the Minnesota Housing Finance Agency. The Minnesota Housing Finance Agency requires a local contribution and the applicant intends to apply for TIF financing from the city. Ehlers the estimates a Housing TIF District for this project would generate just over $1.8 million over 26 years. Staff wants to emphasize again, approval of the resolutions and letter of support does not bind the city to any financial agreement. MWF Properties will be required to submit all required TIF and land use applications which will then go through the full public review process. This will include negotiating the appropriate level of TIF funding, if any, the council deems necessary to contribute to the project. Sibley Cove project which is located in Maplewood at 1996 County Road D East. Attachments 1. Ramsey County Community and Economic Development Resolution of Support 2. Minnesota Housing Finance Agency Resolution of Support 3. Minnesota Housing Finance Agency Letter of Support Packet Page Number 102 of 184 G8, Attachment 1 RESOLUTION IN SUPPORT OF MWF PROPERTIES MULTIPLE FAMILY HOUSING PROJECT WHEREAS, MWF Properties, LLC (MWF Properties)is proposing to construct 99-units of multiple-family rental housing (the "Project") at or near the northwest corner of County Road C East and White Bear Avenue (PID 11-29-22-22-0041), with 100 percent of the units being affordable to households with incomes at or below 60% of the area median income; and, WHEREAS, MWF Properties is in the process of applying to funders, including, but not limited to, Ramsey County Community and Economic Development for funds to develop the project and provide quality and affordable housing; and WHEREAS, Ramsey County Community and Economic Development requires a resolution of support from the local municipality, NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that the City Council supports the efforts to fund MWF 99-units of multiple-family rental housing at or near the northwest corner of County Road C East and White Bear Avenue (PID 11-29-22-22-0041). Approved by the Maplewood City Council on ___________, 2019. ____________________________________ Marylee Abrams, Mayor Attest: ________________________________ Andrea Sindt, City Clerk Packet Page Number 103 of 184 G8, Attachment 2 RESOLUTION CONSENTING TO THE PROCESS FOR THE CREATION OF A HOUSING TAX INCREMENT FINANCING DISTRICT IN SUPPORT OF THE PROPOSED MWF PROPERTIES MULTIPLE FAMILY HOUSING PROJECT WHEREAS, the City of Maplewood is a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of Minnesota; and, WHEREAS, Pursuant to Minnesota Statutes §469.174 - §469.1799, the City of Maplewood is authorized to use Tax Increment Financing (TIF) to carry out the public purposes described and contemplated thereby; and, WHEREAS, MWF Properties, LLC (MWF Properties)is proposing to construct 99-units of multiple-family rental housing (the "Project") at or near the northwest corner of County Road C East and White Bear Avenue (PID 11-29-22-22-0041), with 100 percent of the units being affordable to households with incomes at or below 60% of the area median income; and, WHEREAS, the City of Maplewood supports the Project and will endeavor to work with MWF Properties to facilitate Tax Increment Financing (TIF) assistance through the creation of a Housing TIF District with such actions being subject to MWF Properties securing an allocation of Housing Tax Credits from the Minnesota Housing Finance Agency for the Project; and, WHEREAS, the City of Maplewood cannot create a Housing TIF District in support of the Project until all statutory requirements have been fully satisfied, including the consideration of comments from the public and affected governmental jurisdictions following a public hearing. NOW, THEREFORE, BE IT RESOLVED, by the City Council of Maplewood, that the recitals and exhibits, if any, set forth in this Resolution are incorporated into and made a part of this Resolution. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of Maplewood does hereby support the Project subject to final determination by the City Council in its sole discretion of Project eligibility, statutory requirements, public hearings and required reviews, public input, and without surrounding its legislative discretion. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of Maplewood supports the creation of a Tax Increment Financing district for the Project, including a 26-year TIF Note in an amount up to $1.8 million in principal, to address a funding gap for the Project. NOW, THEREFORE, BE IT FINALLY RESOLVED, that the City Council of Maplewood hereby authorizes City staff and City consultants to work on Tax Increment Financing assistance for the Project upon receipt of a complete TIF application from MWF Properties for the Project. Approved by the Maplewood City Council on ___________, 2019 Attest: ____________________________________ ________________________________ Marylee Abrams, Mayor Andrea Sindt, City Clerk Packet Page Number 104 of 184 G8, Attachment 3 April 22, 2019 Minnesota Housing Finance Agency 400 Wabasha Street North, Suite 400 Saint Paul, MN 55102 RE: Letter of Support for MWF Properties The City of Maplewood is supportive of MWF Properties' application for Minnesota Housing Tax Credits to construct a 99-unit apartment building for affordable workforce housing. The City intends to process an application for a Tax Increment Financing district supporting the Project, including a 26-year TIF Note in an amount up to $1.8 million in principal to address a funding gap for the Project. tant to the City of Maplewood that a range of housing options be available to meet the needs of individuals and families throughout their lives, such as single-family detached homes, townhomes, condominiums, apartments and senior housing. An important component in providing that cross-section of housing options is the availability of affordable housing. This includes consideration of the cost of housing relative to the wages of those working in and around Maplewood. The cost and also the availability of housing, specifically rental, is an increasing concern throughout the Metropolitan region including here in Maplewood. The lack of and the rising costs of housing is negatively impacting our local businesses, both new and existing. Local business leaders have identified a lack of rental and affordable housing and indicate that such housing is a benefit to the City, to their ability to attract and retain employees, and for those employees themselves. With the substantial employment increase Maplewood has already experienced and will continue to experience, affordable housing for workers is an important priority for the City. formal TIF approval process and determination of the final amount of any assistance, the project will be required to complete the required public hearings and meet all state guidelines The City of Maplewood believes MWF Properties' project is an excellent opportunity to help meet some of the housing needs in our community that are currently being underserved. In turn, we need development partners such as Minnesota Housing to assist us with our business and community housing needs. We encourage you to fund this needed project for our community. Sincerely, Marylee Abrams Mayor Packet Page Number 105 of 184 For the permanent record Meetind Date: 04/22/2019 Agenda Item: G8 REVISED ATTACHMENT 3 April 22, 2019 Minnesota Housing Finance Agency 400 Wabasha Street North, Suite 400 SaintPaul, MN 55102 RE: Letter of Support for MWF Properties The City of Maplewoodis supportive of MWF Properties' application for Minnesota Housing Tax Credits to construct a 99-unit apartment building for affordable workforce housing. The City intends to work with MWF Properties to facilitate Tax Increment Financing (TIF) assistance through the creation of a Housing TIF District with such actions being subject to MWF Properties securing an allocation of Housing Tax Credits from the Minnesota Housing Finance Agency for the Project. The City is supportive of creating thisTIFdistrict supporting the Project, which includesa 26-year TIF Note in an amount up to $1.8 millionin principal to address a funding gap for the Project, after all statutory requirements, public hearings and required reviewshave been satisfied. Housing is an integral component to our City’s landscape. It is important to the City ofMaplewood that a range of housing options be available to meet the needs of individuals andfamilies throughout their lives, such as single-family detached homes, townhomes,condominiums, apartments and senior housing. An important component in providing that cross-section of housing options isthe availability of affordable housing. This includes consideration of the cost of housing relative to the wages of those working in and around Maplewood. The cost and also the availability of housing, specifically rental, is an increasing concernthroughout the Metropolitan region including here in Maplewood. The lack of and the risingcosts of housing is negatively impacting our local businesses, both new and existing. Localbusiness leaders have identified a lack of rental and affordable housing and indicate thatsuch housing is a benefit to the City, to their ability to attract and retain employees, and forthose employees themselves. With the substantial employment increase Maplewoodhasalready experienced and will continue to experience, affordable housing for workers is animportant priority for the City. As MWF Properties moves through the City’s formal TIF approval process and determination of the final amount of any assistance, theproject will be required to complete the required public hearings and meet all state guidelinesfor TIF, including the “but for test”. The City of Maplewoodbelieves MWF Properties' project is an excellentopportunity to help meet some of the housing needs in our community that are currentlybeing underserved. In turn, we need development partners such as Minnesota Housing toassist us with our business and community housing needs. We encourage you to fund thisneeded project for our community. Sincerely, Marylee Abrams Mayor G9 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 13, 2019,Ferndale-IvyArea Street Improvements, City Project 18- 01 Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City Council will consider approving the Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 13, 2019,Ferndale-Ivy Area Street Improvements, City Project 18-01. Recommended Action: Motion to approve theResolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Ferndale-Ivy Area Street Improvements, City Project 18-01. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$849,284.52 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:Assessments Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The assessments are one of the funding sources of the approved project funding plan for the proposed infrastructure improvements of the Ferndale-Ivyneighborhood. Background There are a total of 172assessable residential and multi-familyparcels within the project area.An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. The appraisal report confirmed that the rates are reasonable. These rates are shown on the following page: Packet Page Number 106 of 184 G9 Residential o Full Reconstruction Rate = $6,600/unit (Majority of Project Area) o Ferndale Street Quads = $4,539.37/unit (Ferndale Street) o Residential Duplexes = $4,206.40/unit Commercial / Multi-Family o Rolling Hills Mobile Homes $120/Front-Foot o Pondview Apartment Homes $120/Front-Foot o Beaver Creek Condominiums $120/Front-Foot An additional open house will be held for residents prior to the Assessment Hearing to answer questions pertaining to assessments or proposed improvements and processes.Prior to this open house meeting, the results of the special benefit appraisal will be received and residents will be informed of the final assessment amount. Budget Information The total project cost, based on the feasibility study is estimated at $3,806,000.On February 11, 2019, theFinance Director was authorizedby the City Councilto make the financial transfers necessary to implement the financing plan for the project.Atotal projectbudget of $3,806,000was established. The approvedfinancing plan is as follows: ESTIMATED PROJECT COST RECOVERY TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE G.O. IMPROVEMENT BONDS$1,688,90050% SANITARY SEWER FUND$262,0007% ENVIRONMENTAL UTILITY FUND$647,10017% SPECIAL BENEFIT ASSESSMENT$1,026,00027% ST.PAUL WATER$60,0002% W.A.C. FUND$122,0003% TOTAL FUNDING$3,806,000100% The estimated project costs and proposed funding plan have been reviewed by the Finance Director.The financing plan will be reviewed after bids are received. Packet Page Number 107 of 184 G9 Proposed Schedule The following is a tentative schedule for City Project 18-01: Project MilestoneDate Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/11/2019 Plans & Specifications Public Hearing & Order Improvement2/25/2019 Approve Plans and Specifications, Authorize Advertisement for Bids, 4/8/2019 Authorize Preparation of Assessment Roll Accept Assessment Roll & Order Assessment Hearings4/22/2019 BidOpening5/3/2019 Assessment Hearing, Award Contract5/13/2019 Adopt Revised Assessment Roll6/10/2019 Begin ConstructionJune 2019 Assessments Certified to Ramsey CountyNovember 2019 Complete ConstructionOctober2019 Attachments 1.Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2.Pending Assessment Roll 3.Project Location Map Packet Page Number 108 of 184 G9, Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Ferndale-IvyArea Street Improvements, City Project 18-01, andthe said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: th 1.A hearing shall be held on the 13day of May 2019, at the city hall at 7:00 p.m. to passupon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. nd Approved this 22day of April 2019. Packet Page Number 109 of 184 G9, Attachment 2 Packet Page Number 110 of 184 G9, Attachment 2 Packet Page Number 111 of 184 G9, Attachment 2 Packet Page Number 112 of 184 G9, Attachment 2 Packet Page Number 113 of 184 G9, Attachment 2 Packet Page Number 114 of 184 G9, Attachment 3 Packet Page Number 115 of 184 G10 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer Tyler Strong, Civil Engineer I PRESENTER:Steven Love AGENDA ITEM: Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 13, 2019,Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27 Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: City Council will consider approving the Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 13, 2019,Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27. Recommended Action: Motion to approve theResolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$626,256.69 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:Assessments Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. The assessments are one of the funding sources of the approved project funding plan for the proposed infrastructure improvements of the Mailand-Crestview Forestneighborhood. Background There are a total of 232assessable residential and multi-familyparcels within the project area. It should be noted the McKnight townhomes have been assessed for a half unit. These properties were assessed a half unit on a past city project (Pond-Dorland Area Street Improvements, City Packet Page Number 116 of 184 G10 Project 16-12) which was completed in 2018. An independent appraisal firm was hired to ascertain an opinion of special benefit received by properties within the neighborhood project area. The appraisal report confirmed that the rates are reasonable. Residential o Pavement RehabilitationRate = $3,450/unit (Majority of Project Area) o Crestview Forest Drive/Deer Ridge Lane= $3,100.00/unit Commercial / Multi-Family o McKnight Townhomes = $69/Front-Foot(Assessed for half units) o Quads near Dorland = $69/Front-Foot o Crestview Forest Drive/Deer Ridge Lane Townhomes Clubhouse = $69/Front-Foot o 0 McKnight Road = $69/Front-Foot An additional open house will be held for residents prior to the Assessment Hearing to answer questions pertaining to assessments or proposed improvements and processes.Prior to this open house meeting, the results of the special benefit appraisal will be received and residents will be informed of the final assessment amount. Budget Information The total project cost, based on the feasibility study is estimated at $1,604,000.On February 11, 2019, theFinance Director was authorizedby the City Councilto make the financial transfers necessary to implement the financing plan for the project.Atotal projectbudget of $1,604,000was established.The approvedfinancing planis as follows: ESTIMATED PROJECT COST RECOVERY TOTAL % OF TOTAL AMOUNTPROJECT FUNDING SOURCE GAS FRANCHISE FEES$748,10047% SPECIAL BENEFIT ASSESSMENTS$671,50042% ENVIRONMENTAL UTILITY FUND$67,0004% SANITARY SEWER FUND$70,3004% W.A.C. FUND$47,5003% TOTAL FUNDING$1,604,400100% The estimated project costs and proposed funding plan have been reviewed by the Finance Director.The financing plan will be reviewed after bids have been received. Packet Page Number 117 of 184 G10 Proposed Schedule The following is a tentative schedule for City Project 18-27: Project MilestoneDate Accept Feasibility Study, Order Public Hearing, Authorize Preparation of 2/11/2019 Plans & Specifications Public Hearing & Order Improvement2/25/2019 Approve Plans and Specifications, Authorize Advertisement for Bids, 4/8/2019 Authorize Preparation of Assessment Roll Accept Assessment Roll & Order Assessment Hearings4/22/2019 Bid Opening5/3/2019 Assessment Hearing, Award Contract5/13/2019 Adopt Revised Assessment Roll6/10/2019 Begin ConstructionJune 2019 Assessments Certified to Ramsey CountyNovember 2019 Complete ConstructionSeptember2019 Attachments 1.Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2.Pending Assessment Roll 3.Project Location Map Packet Page Number 118 of 184 G10, Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Mailand-Crestview Forest Area Pavement Rehabilitation, City Project 18-27, and the said assessment roll is on file in the office of the City Engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: th 1.A hearing shall be held on the 13day of May 2019, at the cityhall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2.The City Clerk is hereby directed to cause a notice of hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owner of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. nd Approved this 22day ofApril 2019. Packet Page Number 119 of 184 G10, Attachment 2 Packet Page Number 120 of 184 G10, Attachment 2 Packet Page Number 121 of 184 G10, Attachment 2 Packet Page Number 122 of 184 G10, Attachment 2 Packet Page Number 123 of 184 G10, Attachment 2 Packet Page Number 124 of 184 G10, Attachment 2 Packet Page Number 125 of 184 G10, Attachment 3 Packet Page Number 126 of 184 G11 Packet Page Number 127 of 184 G11, Attachment 1 Packet Page Number 128 of 184 J1 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: Melinda Coleman, City Manager REPORT FROM:Steven Love, Public Works Director / City Engineer Jon Jarosch, Assistant City Engineer PRESENTER:Steven Love AGENDA ITEM: Gladstone Phase 3 Corridor Improvements, City Project 16-18 a.Resolution Receiving Bids and Awarding Construction Contract b.ResolutionApproving a Local Road Improvement Program (LRIP) Grant Agreement (No. 1033889) with Minnesota Department of Transportation (MnDOT) c.Use of Kimley-Horn and Associates, Inc. for Construction Phase Services Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: The City Council will consider approving the resolution receiving bids and awarding construction contract to Veit &Company, Inc. for Gladstone Phase 3 Corridor Improvements, City Project 16-18. Followinganaward of contract, City Councilwill consider a Resolution Approving a Local Road Improvement Program (LRIP) Grant Agreement (No. 1033889) with Minnesota Department of Transportation (MnDOT). Additionally, the City Council will consider authorizing the use of Kimley- Horn and Associates, Inc. for Construction Phase Services. Recommended Action: It is recommended that City Council take the following actions: Motion to approve the Resolution Receiving Bidsand Awarding Construction Contractfor the GladstonePhase3 Corridor Improvements, CityProject16-18,to Veit & Company,Inc. Motion to approve the Resolution Approving a Local Road Improvement Program(LRIP) GrantAgreement (No. 1033889) with Minnesota Department ofTransportation (MnDOT). Furthermore, the City Attorney is authorized tomake minor changes as necessary. Motion to authorize theuse of Kimley-Horn andAssociates, Inc.for construction phase servicesandfurther authorize the Mayorand City Manager to signtheattached work order with Kimley-Horn and Associates, Inc. Fiscal Impact: Is There a Fiscal Impact?NoYes, the true or estimated cost is$5,249,000 Financing source(s):Adopted BudgetBudget ModificationNew Revenue Source Use of Reserves Other:The proposed funding plan includes a combination of G.O. Improvements Bonds, Environmental Utility Fund, Sanitary Sewer Fund, Packet Page Number 129 of 184 J1 W.A.C. fund, St. Paul Water fund, grant from Ramsey Washington Metro Watershed District (RWMWD), and Local Road Improvement Project (LRIP) grant. Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. This final phase of the Gladstone Corridor Improvements represents an investment into the City’s infrastructure. The west end of the project area is also a targeted area for redevelopment. The City has also been successful in obtaining two grants that will help fund a portion of this project. Background Bid Opening: th A bid opening was held in the City Council Chambers on Friday, April 5at 10:00 a.m. Six bids were received, tabulated, and checked for accuracy. The following is a summary of the bids: Bid Tabulation ContractorAmount Veit & Company, Inc.$3,992,101.65 Forest Lake Contracting, Inc.$4,468,886.46 Kuechle Underground Inc.$4,582,599.44 T.A. Schifsky & Sons, Inc.$4,917,938.14 Park Construction Company$4,994,997.61 Meyer Contracting, Inc.$5,645,207.21 Engineer's Estimate$4,173,788.60 The engineer’s estimate for project construction costs was $4,173,788.60. Veit & Company, Inc. was the low bidder with a bid amount of $3,992,101.65. The low bid is $181,686.95 or 4.5% less than the engineer’s estimate. The low bidder, Veit & Company, Inc., has not completed a project in the City of Maplewood recently, but has worked on similar projects with other local agencies through the Twin Cities metro area. Staff recommends awarding the bid to Veit & Company, Inc. LRIP Grant: On October 9, 2017, the City Council approved a resolution of support for a Local Road Improvement Program (LRIP) grant application. The LRIP provides funding assistance to local agencies for constructionor reconstruction of local roads and is administered by MnDOT’s State Aid for Local Transportation Division. The City has been notified that this project has been selected to receive a LRIP grant in the amount of $1,000,000. In orderto receive the LRIP grant the City is required to enter into an LRIP grant agreement with MnDOT. Staff and theCity Attorney, Ron Batty,have reviewed the attached LRIP grant agreement and recommendthat the Mayor and City Managerenter into the LRIP agreement with MnDOT. Packet Page Number 130 of 184 J1 Construction Phase Services: The City’s consultant Kimley-Horn and Associates, Inc. has completed the feasibility study, project design, and the preparation of plans and specifications. Kimley-Horn and Associates, Inc. has submitted a work order agreement for contract administration, project engineering, inspections, material testing, surveying, and the creation of as-built drawings in the amount of $458,500.00. This work order will see the Gladstone Phase 3 project through construction to the end of the project. Staff recommends the use of Kimley-Horn and Associates, Inc. for providing construction phase services for the Gladstone Phase 3 project. Budget Impact: The currently approved financing plan for the project is $5,249,000.00. The total estimated project cost (including indirectcosts, construction phase service costs, and a 10% contingency)is approximately $5,088,000.00. This falls within the currently approved budget. No changes to the approved financing plan are recommended at this time. The estimated project costs and proposed funding plan have been reviewed by the Finance Director. Attachments 1.Resolution Receiving Bids and Awarding Construction Contract for the Gladstone Phase 3 Corridor Improvements, City Project 16-18, to Veit & Company, Inc. 2.Resolution Approving a Local Road Improvement Program (LRIP) Grant Agreement (No. 1033889) with Minnesota Department of Transportation (MnDOT) 3.Local Road Improvement Program Grant Agreement (No. 1033889) 4.Work order for construction phase serviceswith Kimley-Horn and Associates, Inc. 5.Project Location Map Packet Page Number 131 of 184 J1, Attachment 1 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTAthat the bid of Veit & Company, Inc.in the amount of $3,992,101.65is the lowest responsible bid for the construction of Gladstone Phase 3 Corridor Improvements, City Project 16- 18, and the Mayor and the City Manager are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by the City Council. nd Approved this 22day of April2019. Packet Page Number 132 of 184 J1, Attachment 2 RESOLUTION APPROVING A LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT (NO. 1033889) WITH MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) WHEREAS, a grant agreement has been prepared by the City Engineering Division with reference to the improvement of Gladstone Phase 3 Corridor Improvements, City Project 16-18, SAP 138-151-005, and this grant agreement was received by the City Council on April 22, 2019, and WHEREAS, the City of Maplewood has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement and WHEREAS, the Commissioner of Transportation has givennotice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $1,000,000.00 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that the City of Maplewood does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the roadway but not required. The proper City officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above-referenced grant. Approved this 22nd day of April 2019. Packet Page Number 133 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT This Agreement between the Minnesota Department of Transportation (“MnDOT”) and the Grantee named below is made pursuant to Minnesota Statutes Section 174.52 and pursuant to Minn. Laws 2018, Chapter 214- H.F. 4425. The provisions in that section and the Exhibits attached hereto and incorporated by reference constitute this Agreement and the persons signing below agree to fully comply with all of the requirements of this Agreement. This Agreement will be effective on the date State obtains all required signatures under Minnesota Statutes §16C.05, subdivision 2. 1.Public Entity (Grantee) name, address and contact person: City of Maplewood________________ 1902 County Road B East Maplewood, MN 55109 ___________________________________ Contact: _Steven Love, Public Works Director 2.Project(s): Name of Project & ProjectAmount of Amount of NumberRequiredCompletion Date LRIP Funds (See Exhibit C for location)Matching Funds SAP 138-151-005$1,000,000.00$2,992,101.65 October 31, 2020 3.Total Amount of LRIP Grant for all projects under this Agreement: $1,000,000.00 4.The following Exhibits for each project are attached and incorporated by reference as part of this Agreement: Exhibit A Completed Sources and Uses of Funds Schedule Exhibit BProject Completion Schedule Exhibit CBond Financed Property Certification Exhibit DGrant Application Exhibit EGrantee Resolution Approving Grant Agreement Exhibit FGeneral Terms and Conditions Packet Page Number 134 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 5.Additional requirements, if any: NONE 6.Any modification of this Agreement must be in writing and signed by both parties. (The remaining portion of this page was intentionally left blank.) Packet Page Number 135 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 PUBLIC ENTITY (GRANTEE) By: Title: Date:______________________________ By: Title: Date:______________________________ DEPARTMENT OF TRANSPORTATION Approval and Certifying Encumbrance By: Title: State Aid Programs Engineer Date: Office of Financial Management, Grant Unit By:___________________________________ Agency Grant Supervisor Date:_________________________________ OFFICE OF CONTRACT MANAGEMENT By: _________________________________ Contract Administrator Date:_________________________________ Packet Page Number 136 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 EXHIBIT A SOURCES AND USES OF FUNDS SCHEDULE SOURCES OF FUNDSUSES OF FUNDS Entity Supplying FundsAmountExpensesAmount State Funds:Items Paid for with LRIP LRIP Grant$1,000,000.00 Grant Funds: Construction$1,000,000.00 Other: Subtotal$1,000,000.00Subtotal$1,000,000.00 Public Entity Funds:Items paid for with Non- Matching Funds LRIP Grant Funds: (Local)$2,992,101.65Reconstruction of Frost$2,477,973.20 Avenue Other:Wakefield Park$514,128.45 Improvements Subtotal$2,992,101.65 Subtotal$2,992,101.65 TOTAL FUNDS$3,992,101.65 =TOTAL PROJECT$3,992,101.65 COSTS Packet Page Number 137 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 EXHIBIT B PROJECT COMPLETION SCHEDULE Award ProjectApril 22, 2019 Begin ConstructionMay 1, 2019 Substantial CompletionOctober 11, 2019 Final CompletionOctober 31, 2019 Final CloseoutOctober 31, 2020 Packet Page Number 138 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 EXHIBIT C BOND FINANCED PROPERTY CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned states that it has a fee simple, leasehold and/or easement interest in the real property located in the County(ies) of Ramsey, State of Minnesota that is generally described or illustrated graphically inAttachment 1attached hereto and all improvements thereon (the “Restricted Property”) and acknowledges that the Restricted Property is or may become State bond-financed property. To the extent that the Restricted Property is or becomes State bond- financed property, the undersigned acknowledges that: A.The Restricted Property is State bond-financed property under Minn. Stat. Sec. 16A.695, is subject to the requirements imposed by that statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; and B.The Restricted Property is subject to the provisions of the Local Road Improvement Program Grant Agreement between the Minnesota Department of Transportation and the undersigned dated _________________________; and C.The Restricted Property shall continue to be deemed State bond-financed property for 37.5 years or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: April 22, 2019 City of Maplewood, a political subdivision of the State of Minnesota By: ________________________________ Name: _______________________________ Title: _______________________________ By: ________________________________ Name: _______________________________ Title: _______________________________ Packet Page Number 139 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 Attachment 1 to Exhibit C GENERAL DESCRIPTION OF RESTRICTED PROPERTY Packet Page Number 140 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 EXHIBIT D GRANT APPLICATION Packet Page Number 141 of 184 J1, Attachment 3 Local Road Improvement Program 2017 Application Form State Aid For Local Transportation A.Applicant Information 1.Title:Mr.2.First Name: Steven3.Last Name: Love 4.Phone Number: 651-249-24045.E-mail: steve.love@maplewoodmn.gov 6.Agency: City of Maplewood7.Agency Position: Public Works Director/City Engineer 8.Street Address: 1902 County Road B East 9.Additional Address Line: Click here to enter text 10.City: Maplewood11.State: MN12.Zip Code: 55109 13.Is the applicant a sponsor on this project?Yes B.Project Location 1.MnDOT District:05 - Metro2.County: Ramsey 3.City: Maplewood4.Township: Click here to enter text 5.Name of Road: Frost Avenue6.Type of Road:Municipal State Aid Street 7.Road Authority*:Please Select8.Road Authority Name*: Click here to enter text 9.Project Termini: From English Street10.To: White Bear Avenue *Complete if road authority is not the applicant. C.Project Description 1.Select type of project.Reconstruction 2.Provide a detailed description of the proposed project (2,000 character limit). This project includes the reconstruction of Frost Avenue (a MSAS street) which is classified as an A Minor Arterial. The project runs approximately one mile from English Street (a MSAS street) to White Bear Avenue (a wğƒƭĻǤ /ƚǒƓƷǤ {ƷğƷĻ !źķ IźŭŷǞğǤΜ ğƭ ƭŷƚǞƓ ƚƓ ͻ!ƷƷğĭŷƒĻƓƷ !ͼ͵ ŷźƭ ƭĻĭƷźƚƓ ƚŅ CƩƚƭƷ !ǝĻƓǒĻ źƭ ĭǒƩƩĻƓƷƌǤ ŅźŅƷǤ feet wide and has only one lane in each direction. The roadway is oversized, is deficient in pavement ĭƚƓķźƷźƚƓͲ ğƓķ ƌğĭƉƭ ĬƚƷŷ ƦĻķĻƭƷƩźğƓ ŅğĭźƌźƷźĻƭ ğƓķ ǞğƷĻƩ ƨǒğƌźƷǤ ƷƩĻğƷƒĻƓƷ .at͸ƭ͵ ŷĻ /źƷǤ ƚŅ ağƦƌĻǞƚƚķ ŷğƭ previously reconstructed approximately one mile of Frost Avenue west of English Street to TH 61 and this project is needed to complete the improvement of the corridor. ŷĻ ƦƩƚƆĻĭƷ ķĻƭźŭƓ Ǟźƌƌ ŅƚƌƌƚǞ aƓ5h {ƷğƷĻ !źķ {ƷğƓķğƩķƭ ğƓķ ƷŷĻ ağƦƌĻǞƚƚķ͸ƭ \[źǝźƓŭ {ƷƩĻĻƷ ƦƚƌźĭǤ źƓĭƌǒķźƓŭʹ ΘCull reconstruction and narrowing of the existing roadway ȁŷe addition of sidewalk and trail facilities to address gaps identified in the City's Comprehensive Plan ΘLntersection improvements including ADA upgrades ΘUtility upgrades (including the burial of overhead utilities and the replacement of existing watermain) Θ{torm water quality improvements Θ\[ğƓķƭĭğƦĻ ğƩchitecture and urban design enhancements ͻ!ƷƷğĭŷƒĻƓƷ .ͼ ƭŷƚǞƭ ƷŷĻ ƦƩƚƦƚƭĻķ ƩƚğķǞğǤ ƌğǤƚǒƷ ğƓķ ƷǤƦźĭğƌ ƭĻĭƷźƚƓ͵ This project will have additional benefits beyond improving the pavement condition. The narrowing of the roadway will result in a reduction in annual maintenance costs and future pavement preservation costs. It will http://www.dot.state.mn.us/stateaid/lrip.html 1 |Page Packet Page Number 142 of 184 J1, Attachment 3 Local Road Improvement Program 2017 Application Form State Aid For Local Transportation C.Project Description also help calm traffic and provide space within the existing right-of-way for the new sidewalk and trail. Safety benefits will be realized by both drivers and pedestrians. The City is partnering with the Ramsey Washington Metro Watershed District on this project. The narrowing of the roadway and the associated storm water improvements will improve the quality of water that is discharged to Wakefield Lake which is an impaired water body. D.Eligibility 1.Select the LRIP Account your project is eligible under. Routes of Regional Significance 2.Does your project meet one or more of the Routes of Regional Significance Criteria (select all that apply)? Farm to Market route Part of a 10-ton route network Part of an economic development plan Connect to regional tourist destination Provides capacity or congestion relief to a parallel Is a connection to the IRC system, trunk highway trunk highway system or county roador a county road 3.Describe the project contribution to the local, regional or state economic development or redevelopment efforts (1,500 character limit). ŷĻ ƦƩƚƆĻĭƷ źƭ ǞźƷŷźƓ ağƦƌĻǞƚƚķ͸ƭ DƌğķƭƷƚƓĻ bĻźŭŷĬƚƩŷƚƚķ Ǟŷźĭŷ źƭ ƷŷĻ /źƷǤγƭ ƷƚƦ ƦƩźƚƩźƷǤ ƩĻķĻǝĻƌƚƦƒĻƓƷ area. The City has dedicated over $7 million in public funds for previous improvements along Frost Avenue that have helped spur over $23 million in private investment. The City is looking to further encourage redevelopment activity along Frost Avenue with these proposed improvements. The vision statement for a redeveloped Gladstone Neighborhood is for Gladstone to be an inspiring, vital, and stable neighborhood always striving to protect and portray its history, its sense of open space and ecological presence, and its qualities as a great neighborhood to live, play, and work in. The Gladstone Neighborhood is the first redevelopment project of this magnitude for the City of Maplewood and is proving to be a success story for future projects within the City. This has been accomplished particularly by weaving natural systems and ecological functions into the neighborhood. One of the key strategies has been to ensure that future developments have the proper infrastructure to support core functions as well as facilitate habitat value, rainwater infiltration, and resource cycling. Continued public investment in the Frost Avenue corridor will be critical to help encourage additional private investment in the Gladstone Neighborhood. E.Project Readiness 1.Construction Year:2019 2.Does the project have any historical/archeological impacts? No. There are no historical/archeological impacts Ќ͵!ƩĻ ƷŷĻƩĻ ƩğźƌƩƚğķ źƒƦğĭƷƭ ΛƩğźƌƩƚğķ ĭƩƚƭƭźƓŭƭ ƚƩ ƩğźƌƩƚğķ ƷƩğĭƉƭ ǞźƷŷźƓ ЏЉЉ͸ ƚŅ ƷŷĻ ƦƩƚƆĻĭƷΜͪ http://www.dot.state.mn.us/stateaid/lrip.html 2 |Page Packet Page Number 143 of 184 J1, Attachment 3 Local Road Improvement Program 2017 Application Form State Aid For Local Transportation E.Project Readiness No RR crossings or RR tracks within 600' 4.What is the status of the engineering and design work on the project? Design in progress 5.What is the Right-of-Way (R/W) status of the project? No R/W is needed or all work is within owner R/W F.Safety 1.Is this project or components of this project identified in a County Safety Plan?No 2.If applicable, select the appropriate focus area your project/safety strategy align with in theMinnesota Strategic Highway Safety Plan. Speed (over posted speed, too fast for condition) 3.Identify the transportation deficiency, type of crash, or safety hazard this project is trying to address (1,000 character limit). Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan. This section of Frost Avenue currently has a posted speed of 30 MPH and is designated as an A Minor Arterial. The project area is primarily made up of comercial businesses and single family residential housing with local schools, City parks, and access to regional trails. There are both direct driveway accesses onto Frost Avenue and local road intersections with Frost Avenue. Frost Avenue is currently fifty feet wide with only one lane in each direction. This road width and the relatively steep profile grade west of White Bear Avenue results in speeding problems along Frost Avenue. The road is currently striped as a single lane road with very wide paved shoulders. Some drivers to utilize the wide shoulder areas to pass on the right hand side of slow drivers or drivers making a left turn. This can be particularly dangerous at street intersections for both other vehicles and pedestrians that are crossing Frost Avenue. 4.Describe how this project improves safety, reduce traffic crashes, fatalities, injuries, and property damages (1,000 character limit). Respond even if project is in a county safety plan or the Minnesota Strategic Highway Safety Plan. CƩƚƭƷ !ǝĻƓǒĻ Ǟźƌƌ ĬĻ ķĻƭźŭƓĻķ Ʒƚ ƒĻĻƷ {ƷğƷĻ !źķ {ƷğƓķğƩķƭ ğƓķ ŅƚƌƌƚǞ ƷŷĻ /źƷǤ͸ƭ \[źǝźƓŭ {ƷƩĻĻƷ tƚƌźĭǤ͵ ŷĻ roadway wil be narrowed to help encourage slower speeds and reduce the number of vehicles utilizing the wide shoulder area to pass slow or stopped vehicles. The project also includes the construction of sidewalks and trails. Pedestrians and bicycles along Frost Avenue are currently using the existing wide shoulder and the new sidewalks and trails will provide greater separation from motor vehicle traffic. G.Multimodal/Complete Street Identify infrastructure improvements for non-motorized users on this project (1,500 character limit). The proposed sidewalks and trails will complete gaps identified in the City's Comprehensive Plan and will connect the neighborhoods along Frost Avenue to the sidewalk system along White Bear Avenue, the http://www.dot.state.mn.us/stateaid/lrip.html 3 |Page Packet Page Number 144 of 184 J1, Attachment 3 Local Road Improvement Program 2017 Application Form State Aid For Local Transportation G.Multimodal/Complete Street Gateway Regional Trail, the Bruce Vento Regional Trail, Wakefield Park, Flicek Park, Keller Regional Park, Phlaen Regional Park, the Gladstone Savanna, City Hall and the Community Center, and businesses along White Bear Avenue and Frost Avenue. They will also provide a connection to a planned transit station near the intersection of Frost Avenue and English Street for the future Rush Line transit system. Weaver Elementary School and John Glenn Middle School are located in the project area. The local school system has set student walk boundaries at ½ mile for elementary students and 1 mile for middle school students. The proposed sidewalk and trail improvements will increase the safety of students that are within the walk boundaries for both Weaver Elementary School and John Glenn Middle School. H.Estimated Project Cost Source of Funding 1.LRIP Request:1,000,000 2.Federal Funds:0 3.State Aid Funds:0 4.Local/Other Funds:2,400,000 5.Total Project Cost:3,400,000 I.Attachments At least one project location map with routes labeled 9ƓŭźƓĻĻƩ͸ƭ 9ƭƷźƒğƷĻ ǞźƷŷ ğƓ źƷĻƒźǩĻķ ĬƩĻğƉķƚǞƓ Project schedule Local agency resolution Sponsor agency resolution (if applicable) Letters of concurrence or support When you are ready to submit the application, save the application form with LRIP, agency and road in the name of the document; e.g. LRIP_RamseyCounty_CSAH30.docx. The application and attachments are due November 3, 2017 for county and state aid city applicants and December 1, 2017 for township and non-state aid city applicants. Applications and attachments should be submitted electronically tosaltirhelp.dot@state.mn.us. More information on the program is available on the Local Road Improvement Program website, http://www.dot.state.mn.us/stateaid/lrip.html. If you have questions regarding this solicitation, contact Patti Loken at 651-366-3803 orPatti.Loken@state.mn.us. http://www.dot.state.mn.us/stateaid/lrip.html 4 |Page Packet Page Number 145 of 184 J1, Attachment 3 Park . D Goodrich R L Golf U Course GoodrichA P . T S LOCATION MAP H ATTACHMENT A T R O N Hall City PROGRAM APPLICATION Care Center County Ramsey CenterWHITE BEAR AVE. Community FROST AVENUE IMPROVEMENTS 2017 LOCAL ROAD IMPROVEMENT FLANDRAU ST. . N .TS DRANNEK E V A L L O N K Y . R D A R M Y T l I i R a E r P S T Park O yR John P Glenn a SherwoodMiddleSchool w e COUNTY RD B t a Park G Cross H .TS DOOWLEZAChurch Wakefield Lutheran . E V A . .TS RETEID Y E PROJECT IMPROVEMENTS E V L A P I . T L .TS YALR CRAB P S N LARPENTEUR AVE. E O D L R U F G MANTON ST. . E V RIB GNIM S MAH A.T N Center A Park Education Gladstone LEGEND M . TS E DI L Robinhood L I K S School Weaver l.TS ECNERALC i a r T Elementary o t n e V e c u r B RIPLEY AVE. E SILGN .TS H NORTH . E V A SCALE IN FEET N Savanna Gladstone A 03006001200 DULUTH ST. Y R Park Gloster Flicek Park Golf Keller Course . R D D O Park Keller O W Regional E L P A M PARK PHALEN REGIONAL Packet Page Number 146 of 184 J1, Attachment 3 MATCH LINE SEE BELOW HAZELWOOD ST. ATTACHMENT B PROGRAM APPLICATION .TS RE TEID CARE CENTER RAMSEY COUNTY FROST AVENUE IMPROVEMENTS 2017 LOCAL ROAD IMPROVEMENT WHITE BEAR AVENUE END PROJECT AT .EVA RAEB ETIHW PROPOSED LAYOUT AND TYPICAL SECTION .TS YALCR AB PROPOSED TYPICAL SECTION . TS NOTNAM PROPOSED ROADWAYPROPOSED WALK AND TRAILS .TS UARDNALF CENTER LEGEND GLADSTONE EDUCATION . TS MAHGN IMRIB SCALE IN FEET 050100200 .T S EDI NORTH .TS DRANNEK N FROST AVENUE .TS ECN ERALC EXISTING TYPICAL SECTION N .EVA LLONKYRAM LI A RT O T N EV E C U RB FROST AVE. .TS HSILGNE AT ENGLISH ST. D R BEGIN PROJECT Y T I R E P S O R P CHURCH WAKEFIELD PARK CROSS LUTHERAN MATCH LINE SEE ABOVE Packet Page Number 147 of 184 J1, Attachment 3 Packet Page Number 148 of 184 J1, Attachment 3 Packet Page Number 149 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 EXHIBIT E GRANTEE RESOLUTION APPROVING GRANT AGREEMENT Packet Page Number 150 of 184 J1, Attachment 3 RESOLUTION APPROVING A LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANT AGREEMENT (NO. 1033889) WITH MINNESOTA DEPARTMENT OF TRANSPORTATION (MnDOT) WHEREAS, a grant agreement has been prepared by the City Engineering Division with reference to the improvement of Gladstone Phase 3 Corridor Improvements, City Project 16-18, SAP 138-151-005, and this grant agreement was received by the council on April 22, 2019, and WHEREAS, the City of Maplewood has applied to the Commissioner of Transportation for a grant from the Minnesota State Transportation Fund for Local Road Improvement and WHEREAS, the Commissioner of Transportation has given notice that funding for this project is available; and WHEREAS, the amount of the grant has been determined to be $1,000,000.00 by reason of the lowest responsible bid; NOW THEREFORE, be it resolved that the City of Maplewood does hereby agree to the terms and conditions of the grant consistent with Minnesota Statutes, section 174.52 and will pay any additional amount by which the cost exceeds the estimate, and will return to the Minnesota State Transportation Fund any amount appropriated for the roadway but not required. The proper City officers are authorized to execute a grant agreement and any amendments thereto with the Commissioner of Transportation concerning the above- referenced grant. nd Approved this 22 day of April, 2019. Packet Page Number 151 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 EXHIBIT F GENERAL TERMS AND CONDITIONS FOR LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) GRANTS Article I DEFINITIONS Section 1.01Defined Terms. The following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined) unless the context specifically indicates otherwise: “Advance(s)” - means an advance made or to be made by MnDOT to the Public Entity and disbursed in accordance with the provisions contained in Article VI hereof. “Agreement” - means the Local Road Improvement Program Grant Agreement between the Public Entity and the Minnesota Department of Transportation to which this Exhibit is attached. “Certification” - means the certification, in the form attached asExhibit C, in which the Public Entity acknowledges that its interest in the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. “Code” - means the Internal Revenue Code of 1986, as amended, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. “Commissioner” - means the Commissioner of Minnesota Management & Budget. “Commissioner’s Order” - means the “Fourth Order Amending Order of the Commissioner of Minnesota Management & Budget Relating to Use and Sale of State Bond Financed Property” dated July 30, 2012, as it may be amended or supplemented. “Completion Date” - means the projected date for completion of the Project as indicated in the Agreement. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to MnDOT, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders, modifications thereof or supplements thereto, which collectively form the contract between the Public Entity and the Contractor(s) for the completion of the Construction Items on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Construction Items” - means the work to be performed under the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Construction Items including, if applicable, a general contractor. “Draw Requisition” - means a draw requisition that the Public Entity, or its designee, submits to MnDOT when an Advance is requested, as referred to in Section 4.02. Packet Page Number 152 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 “G.O. Bonds” - means the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the LRIP Grant, and any bonds issued to refund or replace such bonds. “Grant Application” - means the grant application that the Public Entity submitted to MnDOT which is attached asExhibit D. “LRIP Grant” - means a grant from MnDOT to the Public Entity under the LRIP in the amount specified in the Agreement, as such amount may be modified under the provisions hereof. “LRIP” - means the Local Road Improvement Program pursuant to Minn. Stat. Sec. 174.52 and rules relating thereto. “MnDOT” - means the Minnesota Department of Transportation. “Outstanding Balance of the LRIP Grant” - means the portion of the LRIP Grant that has been disbursed to the Public Entity minus any amounts returned to the Commissioner. “Project” - means the Project identified in the Agreement to be totally or partially funded with a LRIP grant. “Public Entity” - means the grantee of the LRIP Grant and identified as the Public Entity in the Agreement. “Real Property” - means the real property identified in the Agreement on which the Project is located. Article II GRANT Section 2.01 Grant of Monies. MnDOT shall make the LRIP Grant to the Public Entity, and disburse the proceeds in accordance with the terms and conditions herein. Section 2.02 Public Ownership, The Public Entity acknowledges and agrees that the LRIP Grant is being funded with the proceeds of G.O. Bonds, and as a result all of the Real Property must be owned by one or more public entities. The Public Entity represents and warrants to MnDOT that it has one or more of the following ownership interests in the Real Property: (i) fee simple ownership, (ii) an easement that is for a term that extends beyond the date that is 37.5 years from the Agreement effective date, or such shorter term as authorized by statute, and which cannot be modified or terminated early without the prior written consent of MnDOT and the Commissioner; and/or (iii) a prescriptive easement for a term that extends beyond the date that is 37.5 years from the Agreement effective date. Section 2.03Use of Grant Proceeds.The Public Entity shall use the LRIP Grant solely to reimburse itself for expenditures it has already made, or will make, to pay the costs of one of the following applicable activities: (i) preliminary, final construction and engineering and administration (ii) constructing or reconstructing city streets, county highways, or town roads with statewide or regional significance that have not been fully funded through other state, federal, or local funding sources; or (iii) capital improvement projects on county state-aid highways that are intended primarily to reduce traffic crashes, deaths, injuries, and property damage. The Public Entity shall not use the LRIP Grant for any other purpose, including but not limited to, any work to be done on a state trunk highway or within a trunk highway easement. Packet Page Number 153 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 Section 2.04Operation of the Real Property. The Real Property must be used by the Public Entity in conjunction with or for the operation of a county highway, county state-aid highway, town road, or city street and for other uses customarily associated therewith, such as trails and utility corridors, and for no other purposes or uses. The Public Entity shall have no intention on the effective date of the Agreement to use the Real Property as a trunk highway or any part of a trunk highway. The Public Entity must annually determine that the Real Property is being used for the purposes specified in this Section and, upon written request by either MnDOT or the Commissioner, shall supply a notarized statement to that effect. Section 2.05Sale or Lease of Real Property.The Public Entity shall not (i) sell or transfer any part of its ownership interest in the Real Property, or (ii) lease out or enter into any contract that would allow another entity to use or operate the Real Property without the written consent of both MnDOT and the Commissioner. The sale or transfer of any part of the Public Entity’s ownership interest in the Real Property, or any lease or contract that would allow another entity to use or operate the Real Property, must comply with the requirements imposed by Minn. Stat. Sec. 16A.695 and the Commissioner’s Order regarding such sale or lease. Section 2.06 Public Entity’s Representations and Warranties. The Public Entity represents and warrants to MnDOT that: A. It has legal authority to execute, deliver and perform the Agreement and all documents referred to therein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has the ability and a plan to fund the operation of the Real Property for the purposes specified in Section 2.04, and will include in its annual budget all funds necessary for the operation of the Real Property for such purposes. C. The Agreement and all other documents referred to therein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their respective terms. D. It will comply with all of the provisions of Minn. Stat. Sec. 16A.695, the Commissioner’s Order and the LRIP. It has legal authority to use the G.O. Grant for the purpose or purposes described in this Agreement. E. All of the information it has submitted or will submit to MnDOT or the Commissioner relating to the LRIP Grant or the disbursement of the LRIP Grant is and will be true and correct. F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property, or its ownership interest therein, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into the Agreement or any document referred to herein, or to perform any of the acts required of it in such documents. G. Neither the execution and delivery of the Agreement or any document referred to herein nor compliance with any of the provisions or requirements of any of such documents is prevented by, is a breach of, or will result in a breach of, any provision of any agreement or document to which it is now a party or by which it is bound. Packet Page Number 154 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 H. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. I. The Project will be completed and the Real Property will be operated in full compliance with all applicable laws, rules, ordinances, and regulations of any federal, state, or local political subdivision having jurisdiction over the Project and the Real Property. J. All applicable licenses, permits and bonds required for the performance and completion of the Project and for the operation of the Real Property as specified in Section 2.04 have been, or will be, obtained. K. It reasonably expects to possess its ownership interest in the Real Property described in Section 2.02 for at least 37.5 years, and it does not expect to sell such ownership interest. L. It does not expect to lease out or enter into any contract that would allow another entity to use or operate the Real Property. M. It will supply whatever funds are needed in addition to the LRIP Grant to complete and fully pay for the Project. N. The Construction Items will be completed substantially in accordance with the Construction Contract Documents by the Completion Date and all such items will be situated entirely on the Real Property. O. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its performance under the Construction Contract Documents. P. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either MnDOT or the Commissioner. Q. It has made no material false statement or misstatement of fact in connection with its receipt of the G.O. Grant, and all the information it has submitted or will submit to the State Entity or Commissioner of MMB relating to the G.O. Grant or the disbursement of any of the G.O. Grant is and will be true and correct. Section 2.07Event(s) of Default. The following events shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement upon either MnDOT or the Commissioner giving the Public Entity 30 days’ written notice of such event and the Public Entity’s failure to cure such event during such 30-day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Public Entity is using its best efforts to cure and is making reasonable progress in curing such Events of Default; however, in no event shall the time period to cure any Event of Default exceed six (6) months unless otherwise consented to, in writing, by MnDOT and the Commissioner. A. If any representation, covenant, or warranty made by the Public Entity herein or in any other document furnished pursuant to the Agreement, or to induce MnDOT to disburse the LRIP Grant, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. Packet Page Number 155 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 B. If the Public Entity fails to fully comply with any provision, covenant, or warranty contained herein. C. If the Public Entity fails to fully comply with any provision, covenant or warranty contained in Minn. Stat. Sec. 16A.695, the Commissioner’s Order, or Minn. Stat. Sec. 174.52 and all rules related thereto. D. If the Public Entity fails to use the proceeds of the LRIP Grant for the purposes set forth in Section 2.03, the Grant Application, and in accordance with the LRIP. E. If the Public Entity fails to operate the Real Property for the purposes specified in Section 2.04. F. If the Public Entity fails to complete the Project by the Completion Date. G. If the Public Entity sells or transfers any portion of its ownership interest in the Real Property without first obtaining the written consent of both MnDOT and the Commissioner. H. If the Public Entity fails to provide any additional funds needed to fully pay for the Project. I. If the Public Entity fails to supply the funds needed to operate the Real Property in the manner specified in Section 2.04. Notwithstanding the foregoing, any of the above events that cannot be cured shall, unless waived in writing by MnDOT and the Commissioner, constitute an Event of Default under the Agreement immediately upon either MnDOT or the Commissioner giving the Public Entity written notice of such event. Section 2.08Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of MnDOT, MnDOT or the Commissioner may enforce any or all of the following remedies. A. MnDOT may refrain from disbursing the LRIP Grant; provided, however, MnDOT may make such disbursements after the occurrence of an Event of Default without waiving its rights and remedies hereunder. B. If the Event of Default involves a sale of the Public Entity’s interest in the Real Property in violation of Minn. Stat. Sec. 16A.695 or the Commissioner’s Order, the Commissioner, as a third party beneficiary of the Agreement, may require that the Public Entity pay the amounts that would have been paid if there had been compliance with such provisions. For other Events of Default, the Commissioner may require that the Outstanding Balance of the LRIP Grant be returned to it. C. Either MnDOT or the Commissioner, as a third party beneficiary of the Agreement, may enforce any additional remedies it may have in law or equity. The rights and remedies specified herein are cumulative and not exclusive of any rights or remedies that MnDOT or the Commissioner would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision contained herein within 30 days of demand by the Commissioner, or any amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor Packet Page Number 156 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 of MnDOT and/or the Commissioner, then such amount may, unless precluded by law, be offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.09 Notification of Event of Default. The Public Entity shall furnish to MnDOT and the Commissioner, as soon as possible and in any event within seven (7) days after it has obtained knowledge of the occurrence of each Event of Default, a statement setting forth details of each Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.10Effect of Event of Default. The Agreement shall survive Events of Default and remain in full force and effect, even upon full disbursement of the LRIP Grant, and shall only be terminated under the circumstances set forth in Section 2.11. Section 2.11Termination of Agreement and Modification of LRIP Grant. A. If the Project is not started within five (5) years after the effective date of the Agreement or the LRIP Grant has not been disbursed within four (4) years after the date the Project was started, MnDOT’ s obligation to fund the LRIP Grant shall terminate. In such event, (i) if none of the LRIP Grant has been disbursed by such date, MnDOT shall have no obligation to fund the LRIP Grant and the Agreement will terminate, and (ii) if some but not all of the LRIP Grant has been disbursed by such date, MnDOT shall have no further obligation to provide any additional funding for the LRIP Grant and the Agreement shall remain in force but shall be modified to reflect the amount of the LRIP Grant that was actually disbursed and the Public Entity is still obligated to complete the Project by the Completion Date. B. The Agreement shall terminate upon the Public Entity’s sale of its interest in the Real Property and transmittal of the required portion of the proceeds of the sale to the Commissioner in compliance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, or upon the termination of the Public Entity’s ownership interest in the Real Property if such ownership interest is an easement. Section 2.12 Excess Funds.If the full amount of the G.O. Grant and any matching funds referred to in Section 5.13 are not needed to complete the Project, then, unless language in the G.O. Bonding Legislation indicates otherwise, the G.O. Grant shall be reduced by the amount not needed. Article III COMPLIANCE WITH MINNESOTA STATUTE, SEC. 16A.695 AND THE COMMISSIONER’S ORDER Section 3.01State Bond Financed Property. The Public Entity acknowledges that its interest in the Real Property is, or when acquired by it will be, “state bond financed property”, as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner’s Order and, therefore, the provisions contained in such statute and order apply, or will apply, to its interest in the Real Property, even if the LRIP Grant will only pay for a portion of the Project. Section 3.02Preservation of Tax Exempt Status. In order to preserve the tax-exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the LRIP Grant or any other sums treated as “bond proceeds” under Section 148 of the Code (including “investment proceeds,” “invested sinking funds” and “replacement proceeds”) in such a manner as to cause the G.O. Bonds to be classified as “arbitrage bonds” under Code Section 148. Packet Page Number 157 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 B. It will deposit and hold the LRIP Grant in a segregated non-interest-bearing account until such funds are used for payments for the Project. C. It will, upon written request, provide the Commissioner all information required to satisfy the informational requirements set forth in the Code, including Sections 103 and 148, with respect to the G.O. Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity that could cause the interest on the G.O. Bonds to no longer be tax exempt and upon direction from the Commissioner, take such actions and furnish such documents as the Commissioner determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt from federal taxation, which such action may include: (i) compliance with proceedings intended to classify the G.O. Bonds as a “qualified bond” within the meaning of Code Section 141(e), or (ii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be deemed to be used, directly or indirectly, in an “unrelated trade or business” or for any “private business use” within the meaning of Code Sections 141(b) and 145(a). E. It will not otherwise use any of the LRIP Grant or take, permit or cause to be taken, or omit to take, any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, and if it should take, permit or cause to be taken, or omit to take, as appropriate, any such action, it shall take all lawful actions necessary to correct such actions or omissions promptly upon obtaining knowledge thereof. Section 3.03Changes to G.O. Compliance Legislation or the Commissioner’s Order. If Minn. Stat. Sec. 16A.695 or the Commissioner’s Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity’s interest in the Real Property becomes exempted from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order, then upon written request by the Public Entity, MnDOT shall execute an amendment to the Agreement to implement such amendment or exempt the Public Entity’s interest in the Real Property from Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. Article IV DISBURSEMENT OF GRANT PROCEEDS Section 4.01The Advances. MnDOT agrees, on the terms and subject to the conditions set forth herein, to make Advances of the LRIP Grant to the Public Entity from time to time in an aggregate total amount not to exceed the amount of the LRIP Grant. If the amount of LRIP Grant that MnDOT cumulatively disburses hereunder to the Public Entity is less than the amount of the LRIP Grant delineated in Section 1.01, then MnDOT and the Public Entity shall enter into and execute whatever documents MnDOT may request in order to amend or modify this Agreement to reduce the amount of the LRIP Grant to the amount actually disbursed. Provided, however, in accordance with the provisions contained in Section 2.11, MnDOT’s obligation to make Advances shall terminate as of the dates specified in Section 2.11 even if the entire LRIP Grant has not been disbursed by such dates. Advances shall only be for expenses that (i) are for those items of a capital nature delineated in Source and Use of Funds that is attached asExhibit A, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the LRIP Grant, or (iii) have otherwise been consented to, in writing, by the Commissioner. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate Packet Page Number 158 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.13. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.13 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1: Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.13 that have been disbursed) Formula #2: Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02Draw Requisitions. Whenever the Public Entity desires a disbursement of a portion of the LRIP Grant the Public Entity shall submit to MnDOT a Draw Requisition duly executed on behalf of the Public Entity or its designee. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Public Entity and MnDOT, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Real Property in a manner acceptable to MnDOT, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Real Property will be made by MnDOT unless the Public Entity shall advise MnDOT, in writing, of its intention to so store materials prior to their delivery and MnDOT has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Public Entity shall submit to MnDOT such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. The final Draw Requisition shall not be submitted before completion of the Project, including any correction of material defects in workmanship or materials (other than the completion of punch list items). At the time of submission of the final Draw Requisition the Public Entity shall submit to MnDOT: (I) such supporting evidence as may be requested by MnDOT to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities and that all requisite certificates and other approvals have been issued. If on the date an Advance is desired the Public Entity has complied with all requirements of this Agreement and MnDOT approves the relevant Draw Requisition, then MnDOT shall disburse the amount of the requested Advance to the Public Entity. Section 4.03Additional Funds. If MnDOT shall at any time in good faith determine that the sum of the undisbursed amount of the LRIP Grant plus the amount of all other funds committed to the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the Project, then MnDOT may send written notice thereof to the Public Entity specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Public Entity agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in MnDOT's notice. Packet Page Number 159 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 Section 4.04Condition Precedent to Any Advance. The obligation of MnDOT to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. MnDOT shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the amount of the LRIP Grant set forth in Section 1.01. B. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. C. No determination shall have been made by MnDOT that the amount of funds committed to the Project is less than the amount required to pay all costs and expenses of any kind that may reasonably be anticipated in connection with the Project, or if such a determination has been made and notice thereof sent to the Public Entity under Section 4.03, then the Public Entity has supplied, or has caused some other entity to supply, the necessary funds in accordance with such section or has provided evidence acceptable to MnDOT that sufficient funds are available. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Public Entity has sufficient funds to fully and completely pay for the Project and all other expenses that may occur in conjunction therewith. E. The Public Entity has supplied to the State Entity all other items that the State Entity may reasonably require Section 4.05Processing and Disbursement of Advances. The Public Entity acknowledges and agrees as follows: A. Advances are not made prior to completion of work performed on the Project. B. All Advances are processed on a reimbursement basis. C. The Public Entity must first document expenditures to obtain an Advance. D. Reimbursement requests are made on a partial payment basis or when the Project is completed. E. All payments are made following the “Delegated Contract Process or State Aid Payment Request” as requested and approved by the appropriate district state aid engineer. Section 4.06Construction Inspections. The Public Entity shall be responsible for making its own inspections and observations regarding the completion of the Project, and shall determine to its own satisfaction that all work done or materials supplied have been properly done or supplied in accordance with all contracts that the Public Entity has entered into regarding the completion of the Project. Article V MISCELLANEOUS Section 5.01Insurance. If the Public Entity elects to maintain general comprehensive liability insurance regarding the Real Property, then the Public Entity shall have MnDOT named as an additional named insured therein. Packet Page Number 160 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 Section 5.02Condemnation. If, after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned to an extent that the Public Entity can no longer comply with Section 2.04, then the Public Entity shall, at its sole option, either: (i) use the condemnation proceeds to acquire an interest in additional real property needed for the Public Entity to continue to comply with Section 2.04 and to provide whatever additional funds that may be needed for such purposes, or (ii) submit a request to MnDOT and the Commissioner to allow it to sell the remaining portion of its interest in the Real Property. Any condemnation proceeds which are not used to acquire an interest in additional real property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order as if the Public Entity’s interest in the Real Property had been sold. If the Public Entity elects to sell its interest in the portion of the Real Property that remains after the condemnation, such sale must occur within a reasonable time period after the date the condemnation occurred and the cumulative sum of the condemnation and sale proceeds applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner’s Order. If MnDOT receives any condemnation proceeds referred to herein, MnDOT agrees to or pay over to the Public Entity all of such condemnation proceeds so that the Public Entity can comply with the requirements of this Section. Section 5.03Use, Maintenance, Repair and Alterations. The Public Entity shall not, without the written consent of MnDOT and the Commissioner, (i) permit or allow the use of any of the Real Property for any purpose other than the purposes specified in Section 2.04, (ii) substantially alter any of the Real Property except such alterations as may be required by laws, ordinances or regulations, or such other alterations as may improve the Real Property by increasing its value or which improve its ability to be used for the purposes set forth in Section 2.04, (iii) take any action which would unduly impair or depreciate the value of the Real Property, (iv) abandon the Real Property, or (v) commit or permit any act to be done in or on the Real Property in violation of any law, ordinance or regulation. If the Public Entity fails to maintain the Real Property in accordance with this Section, MnDOT may perform whatever acts and expend whatever funds necessary to so maintain the Real Property, and the Public Entity irrevocably authorizes MnDOT to enter upon the Real Property to perform such acts as may be necessary to so maintain the Real Property. Any actions taken or funds expended by MnDOT shall be at its sole discretion, and nothing contained herein shall require MnDOT to take any action or incur any expense and MnDOT shall not be responsible, or liable to the Public Entity or any other entity, for any such acts that are performed in good faith and not in a negligent manner. Any funds expended by MnDOT pursuant to this Section shall be due and payable on demand by MnDOT and will bear interest from the date of payment by MnDOT at a rate equal to the lesser of the maximum interest rate allowed by law or 18% per year based upon a 365-day year. Section 5.04Recordkeeping and Reporting. The Public Entity shall maintain books and records pertaining to Project costs and expenses needed to comply with the requirements contained herein, Minn. Stat. Sec. 16A.695, the Commissioner’s Order, and Minn. Stat. Sec. 174.52 and all rules related thereto, and upon request shall allow MnDOT, its auditors, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such books and records for a period of six years after the date that the Project is fully completed and placed into operation. Section 5.05Inspections by MnDOT. The Public Entity shall allow MnDOT to inspect the Real Property upon reasonable request by MnDOT and without interfering with the normal use of the Real Property. Packet Page Number 161 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 Section 5.06Liability. The Public Entity and MnDOT agree that each will be responsible for its own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of MnDOT and the Commissioner is governed by the provisions of Minn. Stat. Sec. 3.736. If the Public Entity is a “municipality” as that term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of Chapter 466. The Public Entity’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Public Entity, or subject to any exclusion from coverage in any insurance policy. Section 5.07Relationship of the Parties. Nothing contained in the Agreement is to be construed as establishing a relationship of co-partners or joint venture among the Public Entity, MnDOT, or the Commissioner, nor shall the Public Entity be considered to be an agent, representative, or employee of MnDOT, the Commissioner, or the State of Minnesota in the performance of the Agreement or the Project. No employee of the Public Entity or other person engaging in the performance of the Agreement or the Project shall be deemed have any contractual relationship with MnDOT, the Commissioner, or the State of Minnesota and shall not be considered an employee of any of those entities. Any claims that may arise on behalf of said employees or other persons out of employment or alleged employment, including claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Public Entity or its officers, agents, contractors, or employees shall in no way be the responsibility of MnDOT, the Commissioner, or the State of Minnesota. Such employees or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from MnDOT, the Commissioner, or the State of Minnesota, including tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.08Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing and personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the address of the party specified below or to such different address as may in the future be specified by a party by written notice to the others: To the Public Entity: At the address indicated on the first page of the Agreement. To MnDOT at:Minnesota Department of Transportation Office of State Aid 395 John Ireland Blvd., MS 500 Saint Paul, MN 55155 Attention: Patti Loken, State Aid Programs Engineer To the Commissioner at: Minnesota Management & Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 5.09Assignment or Modification. Neither the Public Entity nor MnDOT may assign any of its rights or obligations under the Agreement without the prior written consent of the other party. Section 5.10Waiver. Neither the failure by the Public Entity, MnDOT, or the Commissioner, as a third party beneficiary of the Agreement, in one or more instances to insist upon the complete observance or performance of any provision hereof, nor the failure of the Public Entity, MnDOT, or the Commissioner to exercise any right or remedy conferred hereunder or afforded by law shall be construed as waiving any Packet Page Number 162 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 breach of such provision or the right to exercise such right or remedy thereafter. In addition, no delay by any of the Public Entity, MnDOT, or the Commissioner in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.11Choice of Law and Venue. All matters relating to the validity, interpretation, performance, or enforcement of the Agreement shall be determined in accordance with the laws of the State of Minnesota. All legal actions arising from any provision of the Agreement shall be initiated and venued in the State of Minnesota District Court located in St. Paul, Minnesota. Section 5.12Severability. If any provision of the Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.13Matching Funds. Any matching funds as shown on Page 1 of the Grant Agreement that are required to be obtained and supplied by the Public Entity must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to pay for the Project. The Public Entity shall supply to MnDOT whatever documentation MnDOT may request to substantiate the availability and source of any matching funds. Section 5.14Sources and Uses of Funds. The Public Entity represents to MnDOT and the Commissioner that the Sources and Uses of Funds Schedule attached asExhibit A accurately shows the total cost of the Project and all of the funds that are available for the completion of the Project. The Public Entity will supply any other information and documentation that MnDOT or the Commissioner may request to support or explain any of the information contained in the Sources and Uses of Funds Schedule. If any of the funds shown in the Sources and Uses of Funds Schedule have conditions precedent to the release of such funds, the Public Entity must provide to MnDOT a detailed description of such conditions and what is being done to satisfy such conditions. Section 5.15Project Completion Schedule. The Public Entity represents to MnDOT and the Commissioner that the Project Completion Schedule attached asExhibit B correctly and accurately sets forth the projected schedule for the completion of the Project. Section 5.16Third-Party Beneficiary.The Governmental Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of MMB, is and shall be a third-party beneficiary of this Agreement. Section 5.17Public Entity Tasks. Any tasks that the Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 5.18Data Practices.The Public Entity agrees with respect to any data that it possesses regarding the G.O. Grant or the Project to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as such may subsequently be amended or replaced from time to time. Section 5.19Non-Discrimination.The Public Entity agrees to not engage in discriminatory employment practices regarding the Project and it shall fully comply with all of the provisions contained in Packet Page Number 163 of 184 J1, Attachment 3 MnDOT Agreement No. 1033889 SAP 138-151-005 Minnesota Statutes Chapters 363A and 181, as such may subsequently be amended or replaced from time to time. Section 5.20Worker’s Compensation.The Public Entity agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. Secs. 176.181 subd. 2 and 176.182, as they may be amended or replaced from time to time with respect to the Project. Section 5.21Antitrust Claims.The Public Entity hereby assigns to MnDOT and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.22Prevailing Wages.The Public Entity agrees to comply with all of the applicable provisions contained in Minnesota Statutes Chapter 177, and specifically those provisions contained in Minn. Stat.§. 177.41 through 177.435 as they may be amended or replaced from time to time with respect to the Project. By agreeing to this provision, the Public Entity is not acknowledging or agreeing that the cited provisions apply to the Project. Section 5.23Entire Agreement.The Agreement and all of the exhibits attached thereto embody the entire agreement between the Public Entity and MnDOT, and there are no other agreements, either oral or written, between the Public Entity and MnDOT on the subject matter hereof. Section 5.24E-Verification.The Public Entity agrees and acknowledges that it is aware of Minn.Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such order. Packet Page Number 164 of 184 J1, Attachment 4 Packet Page Number 165 of 184 J1, Attachment 4 Packet Page Number 166 of 184 J1, Attachment 4 Packet Page Number 167 of 184 J1, Attachment 4 Packet Page Number 168 of 184 J1, Attachment 4 Packet Page Number 169 of 184 J1, Attachment 4 Packet Page Number 170 of 184 J1, Attachment 5 CityHall venue WhiteBearA Lake CityProject16-18 GladstonePhase3 W FrostAvenue EnglishStreet Packet Page Number 171 of 184 J2 CITY COUNCILSTAFF REPORT Meeting Date April 22, 2019 REPORT TO: City Council Melinda Coleman, City Manager REPORT FROM: Mike Funk, Assistant City Manager/HR Director PRESENTER:Mike Funk, Assistant City Manager/HR Director AGENDA ITEM: City Manager Annual Performance Evaluation a.Summarize Conclusions of the City Manager Performance Evaluation b.Third Amendment to City Manager Employment Agreement Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The purpose of this agenda item is to summarize conclusions of the City Manager Performance Review from the closed session held during the last regular review council meeting/workshop and to amend the City Manager Employment Agreement. Recommended Action: The City Council shall consider the recommended action for the following two items: a.No action is required; however to comply with Minnesota State Statute 13D.05 subd. 3a it is recommended Mayor Abrams verbally summarize the conclusions regarding City Manager Coleman’s performance evaluation from the Monday, April 22 closed session held during the regular meeting of the City Council workshop. b.Motion to approve the Third Amendment to the City Manager Employment Agreement and authorize the Mayor and Assistant City Manager/HR Director to execute said Amendment on behalf of the City. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $8,215 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Financial SustainabilityIntegrated CommunicationTargeted Redevelopment Operational EffectivenessCommunity InclusivenessInfrastructure & Asset Mgmt. N/A Packet Page Number 172 of 184 J2 Background The Legislature authorized governing bodies to close meetings to discuss personnel data about public employees, including performance evaluations, subject to certain limitations. However, the Legislature also clearly required that once a public body completed its closed-meeting evaluation of an employee subject to its authority, the body must, at its next public meeting, summarize its conclusions regarding the evaluation At the regular Council workshop on Monday, April 22, 2019, the City Council held a closed session to discuss the performance for City Manager Coleman during the evaluation period of February 6, 2018 through February 5, 2019. Minnesota State Statute 13D.05 subd. 3a requires the public body to summarize its conclusions regarding the evaluation of City Manager Coleman at its next open meeting. Therefore, it is recommended Mayor Abrams summarize the conclusions from the closed session. The Department of Administration has rendered numerous opinions about what constitutes “summary” in terms of complying with state law. In short, the Commissioner has repeatedly opined that each salient point of the evaluation should be summarized so that the public is able to best understand the performance of the employee in question, whether that performance is good, bad, or indifferent. \[Advisory Opinion 15-002\] The second part of this agenda item addresses the compensation package for City Manager Coleman. Section 4 of the Employment Agreement between Ms. Coleman and the City of Maplewood states, “The city agrees to increase Coleman’s salary and/or other financial benefits in such amounts and to such extent as the City Council may determine is desirable on the basis of an th annual salary review. Adjustments are to be made on her anniversary date of February 6of each calendar year…” The Development Committee of Mayor Abrams and Council Member Smith have met with City Manager Coleman to review the evaluation forms submitted by City Council and Staff. The Development Committee also requested the Assistant City Manager/Human Resource Director to conduct a compensation survey for this position. The Development Committee has reviewed survey data, has had discussions with the City Manager, and is recommending the following adjustments to the City Manager’s employment agreement: 1.Total compensation would increase by 5% (3% relates to market and 2% for merit). The proposal eliminates the car allowance and deferred compensation and recognizes these past contributions as base salary. 2018/Current Proposed Change Base Salary $149,350 $172,526 Car $6,000 $0 Deferred Comp $8,961 $0 Total Comp $164,311 $172,526 (5%) *Note: On January 1, 2019, all union and non-union employees received a 3.0% general wage adjustment. **Note: Under the current law, statutory and home rule charter city employees may be paid 110 percent of the governor’s salary. Adjustments are made annually based on the Consumer Price Index. Effective Jan. 1, 2019, the compensation limit is $175,621. Packet Page Number 173 of 184 J2 2.Modify contract language that allows for an annual market adjustment – which would mirror the same annual wage adjustment provided to all other union and non-union employees. It has been the city’s past practice and is generally customary to provide the City Manager with an annual wage adjustment, therefore the proposed language for consideration: “During the course of this agreement, the City Manager will receive the same general wage adjustment in salary that is provided to all other full-time, FLSA exempt employees. In addition to the general wage adjustment, the City Manager is eligible for a merit based increase based on job performance. Merit based increases are not automatic and will be determined annually by the City Council during the annual performance evaluation. Adjustments to other financial benefits may be discussed and negotiated during the annual performance evaluation.” Attachments 1.Employment Agreement 2.First Amendment to Employment Agreement 3.Second Amendment to Employment Agreement 4.Third Amendment to Employment Agreement Packet Page Number 174 of 184 J2, Attachment 1 Packet Page Number 175 of 184 J2, Attachment 1 Packet Page Number 176 of 184 J2, Attachment 1 Packet Page Number 177 of 184 J2, Attachment 1 Packet Page Number 178 of 184 J2, Attachment 2 Packet Page Number 179 of 184 J2, Attachment 2 Packet Page Number 180 of 184 J2, Attachment 3 Packet Page Number 181 of 184 J2, Attachment 3 Packet Page Number 182 of 184 J2, Attachment 4 Packet Page Number 183 of 184 J2, Attachment 4 Packet Page Number 184 of 184