Loading...
HomeMy WebLinkAbout2023-11-27 City Council Meeting PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 27, 2023 City Hall, Council Chambers Meeting No. 22-23 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. November 13, 2023 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS 1. Administrative Presentations a. Council Calendar Update 2. Council Presentations 3. Swearing-In Ceremony for Fire Captain/Paramedic Brett Merkatoris 4. Presentation of the Fire Department’s Body Worn Camera Program 5. Strategic Plan Update for Third Quarter 2023 G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1. Approval of Claims 2. Approval of Budgeted Transfers 3. Resolution Directing Promulgation of Ramsey County Emergency Operations Plan 4. 2024 SCORE Funding Grant Application 5. Fourth Amendment to Maplewood Community Center Operating Agreement 6. 2024 Service Agreement with National Financial Partners (NFP) for Employee Benefit Plan Assistance and Management 7. Conditional Use Permit Review, Menards, 2280 Maplewood Drive 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. On-Sale Wine License for J Pot MN Inc., dba J Pot Korean BBQ & Hot Pot, 1845 County Road D East, Suite 100 2. Ramsey County Cooperative Agreement for White Bear Avenue Improvements, City Project 19-26 K. AWARD OF BIDS None L. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2000 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s time keeping remarks brief, to the point and non-repetitive. E1 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 13, 2023 City Hall, Council Chambers Meeting No. 21-23 A.CALL TO ORDER A meeting of the City Council was held in the City HallCouncil Chambersand was called to order at7:00p.m. byMayor Abrams. Mayor Abrams highlighted holiday communityeventscity staff is participating in and happening in Maplewood. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Marylee Abrams, MayorPresent Rebecca Cave, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent Chonburi Lee, CouncilmemberPresent Nikki Villavicencio, CouncilmemberPresent D.APPROVAL OF AGENDA CouncilmemberLeemoved to approve the agenda as submitted. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. E.APPROVAL OF MINUTES 1.October 23, 2023 City Council Workshop Meeting Minutes CouncilmemberJuenemannmoved to approve the October 23, 2023 City Council Workshop MeetingMinutes assubmitted. Seconded by CouncilmemberCave Ayes – All The motion passed. 2.October 23, 2023 City Council Meeting Minutes CouncilmemberLeemoved to approve the October 23, 2023 City CouncilMeetingMinutes assubmitted. Seconded by CouncilmemberJuenemann Ayes – All The motion passed. November 13, 2023 City Council Meeting Minutes 1 Council Packet Page Number 1 of 146 E1 F.APPOINTMENTS AND PRESENTATIONS 1.Administrative Presentations a.Council Calendar Update City ManagerColemangave an update to the council calendar and reviewed other topics of concern or interest requested by councilmembers. 2.Council Presentations None 3.Ramsey County Food Scraps Pickup Program Update City Manager Coleman introduced the item. Ramsey County Commissioner Reinhardt, Michael Reed,RamseyCounty Division Manager, and Annalee Garletz, Program Supervisor with R&E Food Scraps Pickup, gave the presentation. No action required. 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. Agenda items G5 & G6 were highlighted. CouncilmemberCavemoved toapprove agenda items G1-G8. Seconded by CouncilmemberLee Ayes – All The motion passed. 1.Approval of Claims CouncilmemberCavemoved to approve the approval of claims. ACCOUNTS PAYABLE: $ 1,098,088.37 Checks # 120044 thru # 120095 dated 10/27/23 $ 192,120.38 Checks # 120096 thru # 120121 dated 10/31/23 $ 1,178,659.86 Checks # 120122 thru # 120154 dated 11/07/23 $ 513,436.89 Disbursements via debits to checking account dated 10/16/23 thru 11/05/23 November 13, 2023 City Council Meeting Minutes 2 Council Packet Page Number 2 of 146 E1 $ 2,982,305.50 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 731,776.91 dated 10/27/23 $ 731,776.91 Total Payroll $ 3,714,082.41 GRAND TOTAL Seconded by CouncilmemberLeeAyes – All The motion passed. 2.Certification of Delinquent Trash and Miscellaneous Accounts Receivable CouncilmemberCavemoved to approve the resolution certifying delinquent accounts receivable to the County Auditor. Resolution 23-11-2260 RESOLUTION CERTIFYINGDELINQUENT ACCOUNTS RECEIVABLE TO THE COUNTY AUDITOR RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent accounts, totaling $175,345.00 for collection with the customers property taxes payable in 2024 and subsequent years, as specified, including interest at the appropriate rate on the total amount. Delinquent trash collection bills $114,603.25 Delinquent miscellaneous bills $27,147.75 Sewer service line assessments $33,594.00 Seconded by CouncilmemberLeeAyes – All The motion passed. 3.Resolution Designating Absentee/Early Voting Location for 2024 CouncilmemberCavemoved to approvethe resolution designating absentee/early voting location for 2024 Elections. Resolution 23-11-2261 RESOLUTION DESIGNATING ABSENTEE/EARLY VOTING LOCATION 2024 ELECTIONS WHEREAS, Minnesota Statutes 203B.081, subd 6, adopted in 2023 and added by Chapter 62, Article 4, Sections 47-48, requires the City Council to designate absentee/early voting locations at least 14 weeks before the election; and WHEREAS, the designation shall also include the days and times; and November 13, 2023 City Council Meeting Minutes 3 Council Packet Page Number 3 of 146 E1 WHEREAS, changes to the polling place location may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Maplewood hereby designates the following absentee/early voting location with days and times for each election conducted in the city in 2024: Location: Maplewood City Hall, 1830 CountyRoad B East, Maplewood Presidential Nomination Primary (PNP) Election days and hours: January 19, 2024 to March 1, 2024, Monday through Friday 8:00am to 4:30pm Additionally Saturday, March 2, 2024 from 9:00am to 3:00pm and Monday, March 4, 2024 from 8:00am to 5:00pm State Primary Election days and hours: June 28, 2024 to August 9, 2024, Monday through Friday 8:00am to 4:30pm Additionally Saturday, August 10, 2024 from 9:00am to 3:00pm and Monday, August 12, 2024 from 8:00am to 5:00pm State General Election days and hours: September 20, 2024 to November 1, 2024, Monday through Friday 8:00am to 4:30pmAdditionally Saturday, October 26, 2024, Saturday, November 2, 2024, and Sunday, November 3, 2024 from 9:00am to 3:00pm, Tuesday, October 29, 2024 until7:00pm, Monday, November 4, 2024 from 8:00am to 5:00pm AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place location meeting the requirements of the Minnesota Election Law for any polling place location designated in this Resolution when necessary to ensure a safe and secure location for voting; AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place location designations to the Ramsey County Elections Office. Seconded by CouncilmemberLee Ayes – All The motion passed. 4.Resolution Redefining Precinct Boundaries CouncilmemberCavemoved to approve the resolutionredefining precinct boundaries. Resolution 23-11-2262 RESOLUTION REDEFINING PRECINCT BOUNDARIES November 13, 2023 City Council Meeting Minutes 4 Council Packet Page Number 4 of 146 E1 WHEREAS, the 2023 legislature of the State of Minnesota made minor changes to the Legislative District Map; and WHEREAS, precinct boundary changes must be approved prior to the December 1, 2023 deadline for the 2024 elections; and WHEREAS, the redefined boundaries take affect after the Presidential Nomination Primary in March and for the August State Primary election; and WHEREAS, Minn. Stat. section 2.144 added by Chapter 62, Article 4, Section 4 requires the precinct boundaries of Senate District 44 be adjusted; and WHEREAS, the boundary adjustment lies within Maplewood Precinct 10. NOW, THEREFORE BE IT RESOLVED that the Maplewood City Council hereby designates the following redefined precinct boundaries and polling places to be effective beginning with the August 2024 State Primary: Precinct 9Justice Alan Page Elementary School, 2410 Holloway Avenue E. That part of the city lying with Lakewood Drive and McKnight Road to the West, Holloway Avenue and North St Paul/Maplewood Boundary Line to the North, Century Avenue to the East, Maryland Ave to the South Precinct 10Justice Alan Page Elementary School, 2410 Holloway Avenue E. That part of the city lying with Lakewood Drive to the West, Maryland Ave to the North, Century Avenue to the East, Stillwater Road to the South AND BE IT FURTHER RESOLVED that the city clerk be instructed to send notice of this act to the Ramsey County Elections Office and the Minnesota secretary of state, AND BE IT FURTHER RESOLVED, that the city clerk is directed to post notice of this act. Seconded by CouncilmemberLeeAyes – All The motion passed. 5.Off-Sale Intoxicating Liquor License for YangChi Liquor LLC, dba YangChi Liquor, 2728 Stillwater Road E City Clerk Sindt gave the staff report. Lue Yang, new owner of YangChi Liquor, addressed the council. CouncilmemberCavemoved to approve the Off-Sale Intoxicating Liquor License for YangChi Liquor LLC, dba YangChi Liquor, 2728 Stillwater Road E. Seconded by CouncilmemberLee Ayes – All The motion passed. November 13, 2023 City Council Meeting Minutes 5 Council Packet Page Number 5 of 146 E1 6.SPRWS Representation Agreement CouncilmemberCavemoved to approve the Agreement Regarding Suburban Representation on Board of Water Commissioners. Seconded by CouncilmemberLeeAyes – All The motion passed. 7.Fixed Price Fuel Program for 2024 Contract Fuel Purchases CouncilmemberCavemoved to direct the Mayor and City Manager to authorize the Utility and Fleet Superintendent to enter into a contract with the State of Minnesota Fixed Price Fuel Program for 2024 fuel purchases. Seconded by CouncilmemberLee Ayes – All The motion passed. 8.Use of SRF Consulting Group, Inc. for Professional Services, 2024 Maplewood Street Improvements, City Project 23-08 CouncilmemberCavemoved to authorize the use of SRF Consulting Group, Inc. for professional services, authorize the Mayor and City Manager to sign the attached work order with SRF Consulting Group, Inc. to complete the feasibility study and design of the East Shore Drive Area of the project and further authorize adjusting the current project budget from $100,000 to $300,000 to account for this agreement. Seconded by CouncilmemberLeeAyes – All The motion passed. 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 podiumplease 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.Design Review and Parking Waiver Resolution, Bakery Addition, 1745 Beam Avenue East Community Development Director Parr gave the presentation. Frank Duan, Architect with DuanCorporation, and Sheng Zheng, with MC Maplewood Inc., addressed the council and gave further information. November 13, 2023 City Council Meeting Minutes 6 Council Packet Page Number 6 of 146 E1 CouncilmemberVillavicencio moved to approve the resolution for design review and parking waiver approving a building addition to be constructed at 1745 Beam Avenue East, subject to conditions of approval. Resolution 23-11-2263 DESIGN REVIEW AND PARKING WAIVER RESOLUTION BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: Section 1. Background. 1.01DuanCorporation, on behalf of Million’s Crab Restaurant,has requested approval of a design review to construct a 3,508-square-foot building addition to the existing restaurant on the property. 1.02A parking waiver was also requested. 1.03The property is located at 1745 Beam Avenue East and is legally described as: PARCEL 1: All that part of the Southeast Quarter of the Northeast Quarter of Section 3, Township 29, Range 22 and also all that part of Lot 8, Block 1, Maplewood Mall Addition, all in Ramsey County, Minnesota described as follows: Commencing at the Northwest corner of said Southeast Quarter of the Northeast Quarter of said Section 3; thence Easterly on an assumed bearing of South 89 degrees 16 minutes 25 seconds East along the North line of said Southeast Quarter of the Northeast Quarter a distance of 987.04 feet; thence deflecting right 90 degrees 00 minutes 00 seconds on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 950.27 feet to the point of beginning of the parcel to be described; thence continuing on a bearing of South 00 degrees 43 minutes 35 seconds West a distance of 282.02 feet to the South line of said Lot 8; thence North 89 degrees 11 minutes 39 seconds West a distance of 102.33 feet to the Southwest corner of said Lot 8; thence South 0 degrees 26 minutes 16 seconds East a distance of 23.01 feet; thence North 89 degrees 11 minutes 39 seconds West a distance of 196.59 feet; thence North 00 degrees 44 minutes 18 seconds East a distance of 267.48 feet; thence South 89 degrees 28 minutes 25 seconds East a distance of 135.64 feet; thence South 89 degrees 01 minute 07 seconds East a distance of 91.00 feet; thence Northeasterly 37.62 feet along the arc of a tangential curve concave to the North having a central angle of 35 degrees 38 minutes 02 seconds and a radius of 60.49 feet; thence North 55 degrees 20 minutes 50 seconds East tangent to said curve a distance of 44.72 feet to the point of beginning and there terminating. PARCEL 2: Non-exclusive easements as contained in Reciprocal Easement Agreement recorded February 11, 1990, as Document No. 2529217, and as amended by the following: First Amendment to Reciprocal Easement and Operation Agreement recorded May 23, 1994 as Document No. 2807610; Second Amendment to Reciprocal Easement and Operation Agreement recorded September 11, 1998 as Document No. 3085803; and Third Amendment to Reciprocal Easement and Operation Agreement recorded April 18, 2001 as Document No. 3385114. November 13, 2023 City Council Meeting Minutes 7 Council Packet Page Number 7 of 146 E1 PARCEL 3: Non-exclusive easements as contained in Declaration of Easements and Restrictions dated September 26, 1989, recorded October 11, 1989, as Document No. 2513245, and as amended by the following: First Amendment to Declaration of Easements and Restrictions dated January 21, 1991, recorded February 26, 1991, as Document No. 2585793; Second Amendment to Declaration of Easements and Restrictions dated April 21, 1994, recorded May 23, 1994, as Document No. 2807611; and Third Amendment to Declaration of Easements and Restrictions dated April 18, 2001, recorded April 18, 2001, as Document No. 3385113. PARCEL 4: Non-exclusive easement for the use of the Ring Road as contained in Roadway Easement Grant dated June 6, 1986, recorded April 8, 1987, as Document No. 2372913 and as defined in Amended and Restated Operating Agreement dated October 21, 1998, recorded November 12, 1998, as Document No. 3099907 and the Addendum to Operating Agreement dated September 17, 1986, recorded May 6, 1987, as Document No. 2378445. PARCEL 5: Non-exclusive easement for the limited use of storm sewer facilities as contained in Utilities Easement and Expanded Usage Agreement dated December 31, 1986, recorded January 5, 1987, as Document No. 2354006. The legal description in the Title Commitment for Parcel 5 references Doc. No. 2345006, it appears the Doc. No. should be 2354006. PARCEL 6: The beneficial rights as contained in that certain Operating Agreement dated December 29, 1972, recorded January 12, 1973 as Document No. 1846579. Said rights were released in that certain Agreement dated November 29, 1988, recorded January 4, 1989 as Document No. 2475868. Abstract Property PIN: 032922140013 Section 2. Site and Building Plan Standards and Findings. 2.01 City ordinance Section 2-290(b) requires that the community design review board make the following findings to approve plans: 1.That the design and location of the proposed development and its relationship to neighboring, existing, or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2.That the design and location of the proposed development are in keeping with the character of the surrounding neighborhood and are not detrimental to the harmonious, orderly, and attractive development contemplated by this article and the city's comprehensive municipal plan. 3.That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures, and colors. November 13, 2023 City Council Meeting Minutes 8 Council Packet Page Number 8 of 146 E1 2.02City ordinance Section 44-17 permits the city council to approve waivers to the parking requirements. Section 3. City Council Action. 3.01The above-described site and design plans are hereby approved based on the findings outlined in Section 2 of this resolution. Subject to staff approval, the site must be developed and maintained in substantial conformance with the design plans. Approval is subject to the applicant doing the following: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.All requirements of the fire marshal, city engineer, and building official must be met. 3.Satisfy the requirements in the engineering review authored by Jon Jarosch, dated September 13, 2023. 4.The applicant shall obtain all required permits from the Ramsey-Washington Metro Watershed District. 5.Rooftop vents and any mechanical equipment shall be located out of view from all sides of the property and screened as required by city ordinance. 6.This resolution approves a parking waiver for (79) parking stalls. 7.This approval does not include signage. Any identification or monument signs for the project must meet the city’s ordinance requirements, and the applicant must apply for a sign permit before installation. 8.Before the issuance of a building permit, theapplicant shall submit for staff approval the following items: a.The applicant shall provide the city with a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. b.Elevation perspectives of the proposed trash enclosure are required to be reviewed and approved by staff. The elevations must include all sides of the enclosure and detail the materials and colors. c. Additional details to accompany the photometric site plan – architectural plans and description of each luminaire, including the manufacturer’s catalog cuts and drawings. 9.The applicant shall complete the following before occupying the building: a.Replace any property irons removed because of this construction. b.Provide continuous concrete curb and gutter around the parking lot and driveways. November 13, 2023 City Council Meeting Minutes 9 Council Packet Page Number 9 of 146 E1 c. Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. d.Install all required outdoor lighting. e.Install all required sidewalks and trails. 10.If any required work is not done, the city may allow temporary occupancy if: a.The city determines that the work is not essential to public health, safety, or welfare. b.The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. 11.All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by CouncilmemberLeeAyes – All The motion passed. K.AWARD OF BIDS None L.ADJOURNMENT Mayor Abramsadjourned the meeting at7:47 p.m. November 13, 2023 City Council Meeting Minutes 10 Council Packet Page Number 10 of 146 F1a CITY COUNCIL STAFF REPORT Meeting DateNovember 27, 2023 REPORT TO: City Council REPORT FROM: Melinda Coleman, City Manager PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Council Calendar Update Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/AgreementProclamation Policy Issue: This item is informational and intended to provide the Council an indication on the current planning for upcoming agenda items and the Work Session schedule. These are not official announcements of the meetings, but a snapshot look at the upcoming meetings for the City Council to plan their calendars. Recommended Action: No motion needed. This is an informational item. Upcoming Agenda Items and Work Sessions Schedule: th : Council Meeting: Discuss City Manager Replacement Process November 27 December 11: Workshop (5:30 pm): Zoning Code Language Updates; Purple Line Project Update and North End Route Alternatives Council Meeting: Adoption of 2024 Budget January 8: Workshop: Birch Run Building Concept Council Comments: Comments regarding Workshops, Council Meetings or other topics of concern or interest. 1.Research translating of city policies (September 25, 2023) Council Schedule for Maplewood Living through May 2024: IssueContributor Due Date Abrams December 15, 2023 January 2024 Juenemann January 17, 2024 February 2024 CaveFebruary 16,2024 March 2024 Villavicencio March 15, 2024 April 2024 Lee April 17, 2024 May 2024 Abrams May 14, 2024 June 2024 Council Packet Page Number 11 of 146 For the permanent record: Meeting Date: 11/27/2023 Agenda Item F1 a., Additional Attachment Dear Mayor, F3 CITY COUNCILSTAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Michael Mondor, Fire and EMS Chief PRESENTER: Michael Mondor, Fire and EMS Chief AGENDA ITEM: Swearing-In Ceremony for Fire Captain/Paramedic Brett Merkatoris. Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Fire Captain/Paramedic Brett Merkatoris will be sworn in as he is advancing his career with the Maplewood Fire 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment N/A Background: The fire department will be swearing in Brett Merkatoris who was recently promoted. Fire/Captain Paramedic Brett Merkatoris: Brett brings nearly 13 years of Fire and EMS experience to the department’s leadership team. Brett has worked with the City of Maplewood since 2014 starting as a part-time Firefighter/EMT, he was promoted to full-time Firefighter/Paramedic in 2018 and most recently served as an acting captain prior to his recent promotion. Brett has also served as a Lieutenant/Duty Chief for the Woodbury Fire Department and as an Assistant Chief and Training Chief for the United Fire District in St. Croix County, Wisconsin. Brett has been a key contributor to the department’s Strategic Planning Committees, Labor Management Committee and Quality Assurance/Quality Improvement Committee. Attachments: None Council Packet Page Number 12 of 146 F4 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman REPORT FROM: Jerry Novak, Fire Marshal PRESENTER: Jerry Novak, Fire Marshal AGENDA ITEM: Presentation of the Fire Department’s Body Worn Camera program. Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The fire department desires to assign Body Worn Cameras to Fire Inspectors and Fire Investigators for use during fire investigations and complicated fire inspections. Recommended Action: No action required, presentation only Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $3,615.47/Annually Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community InclusivenessFinancial& Asset Mgmt.Environmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment The fire department has worked to support the city’s culture that is built on trust and accountability. The department strives to align operations with industry best practices. The Fire Department is working on implementing Body Worn Cameras and has developed a policy which will set standards for employees to utilize this tool for fire investigations and fire inspections. Background Equipping the fire investigators and inspectors with Body Worn Cameras can provide several benefits. Although it’s not as common as in law enforcement. There are several reasons why it is beneficial for fire investigators and inspectors to use body worn cameras. 1.Documentation of the Fire Scene or Inspection Site: Body worn cameras can capture valuable visual and audio evidence at the fire scene or inspection site. This documentation can help investigators understand the progression of the fire, the conditions they faced, and any relevant conversations or observations that might be crucial for their investigation. Council Packet Page Number 13 of 146 F4 2.Objective Record Keeping: Body Worn Cameras offer an objective, unbiased records of events. They can help reduce disputes or conflicting accounts about what happened at the fire scene, as the footage can serve as an accurate account of the investigation or inspection process. 3.Training and Accountability: Video footage can be used for training purposes, allowing for investigators to review their own work and learn from their experiences. It can ensure that the organization is accountable for actions and decision making during an investigation or inspection process. 4.Transparency and Public Trust: Equipping fire investigators and inspectors with Body Worn Cameras can help enhance transparency and public trust in the investigative or inspection process. It demonstrates a commitment to openness and accountability. 5.Evidence preservation: The footage captured by Body Worn Cameras can serve as crucial evidence in the legal proceedings. This can be especially important in cases where the cause of the fire is in question and the video can support or contradict various claims. 6.Improved Decision-making: Reviewing Body Worn Camera footage can help investigators and inspectors make more informed decisions during an investigation or inspection ensuring that they follow best practices and protocols. 7.Efficiency: Reviewing video footage can be more efficient than written reports as it provides a visual and auditory record of the events which can save time during the investigation or inspection and later analysis. Fire Department staff have worked with the City Clerk’s office, IT Department, and Kennedy and Graven to establish a policy and procedures for the use of Body Worn Cameras. The Fire Department will be utilizing the same storage requirements as the police department for record keeping and retention purposes. The body warn cameras will be utilized by Maplewood’s fire investigation team when performing an investigation after a fire, performing interviews or witness statements. Inspectors may wear them on inspections that are related to a complaint or for inspections that have been identified as non-complaint with ongoing code violations. While City Council approval is not required for the Fire Department use of Body Worn Cameras, staff wants to ensure that City Council and the public are aware of the program and the intended use of Body Worn Cameras within the Fire Department. Attachments 1.Presentation 2.Body Worn Camera Policy Council Packet Page Number 14 of 146 F4, Attachment 1 1 1 11-27-2023 WORN CAMERA IMPLEMENTATION Service Before Self CITY COUNCIL MEETING FIRE DEPARTMENT BODY Council Packet Page Number 15 of 146 F4, Attachment 1 2 2 PURPOSE OF PRESENTATION Investigations Service Before Self Statute for Police needs to be approved by the City Council for Body WornCamerasCurrently no statute for City Council Approval for Fire Department PolicyCurrent State of FireBenefits of Body Worn Cameras ¤¤¤¤ Council Packet Page Number 16 of 146 F4, Attachment 1 3 3 of each fire occurring in the city, statutory city or town ation as to whether the fire was the result of carelessness, STATE STATUTE 299F.04 Duty. Service Before Self Subdivision 1. The chief of the fire department of each city in which a fire department is established, and the mayor of each city in 299F.04 ORIGIN OF FIRE INVESTIGATED; COMPUTERIZED ARSON DATA.§which no fire department exists, and the president of the statutory city board of each statutory city in which no firedepartment exists, and the town clerk of each town without the limits of any city or statutory city, shall investigate, orcause to be investigated, the cause, origin, and circumstances by which property has been destroyed or damaged when the damage exceeds $100, except that all fires of unknownorigin shall be reported, and shall especially make investigaccident, or design. Council Packet Page Number 17 of 146 F4, Attachment 1 4 4 r / ww9b {!9 hC Lb9{LD!Lhb͸{ otos taken of interior and exterior of property LƓƷĻƩǝźĻǞ͸ƭ ğŅƷĻƩ ğ ŅźƩĻ ğƓķ ƷŷĻǤ ğƩĻ ķƚĭǒƒĻƓƷĻķPhLƓǝĻƭƷźŭğƷźƚƓ ƩĻƦƚƩƷ ǞƩźƷƷĻƓ ǞźƷŷ ƦŷƚƷƚ͸ƭ ğƷƷğĭŷĻķVideos received are not easily attached to reportReview of cases for quality assurance are subject for by hand.interpretation Service Before Self Council Packet Page Number 18 of 146 F4, Attachment 1 5 5 BENEFITS Objective record keepingSame technology as Police department is already utilizingAccountability for staffTransparencyPublic trust Recorded interviews for more detailed report writingReview footage for training opportunitiesFootage of everything we have looked at regardless if we take photosAdding additional footage from the public to investigation reportEvidence preservationImproved decision making ¤¤¤¤¤¤¤¤¤¤¤ Service Before Self StaffCityCommunity ¤¤¤ Council Packet Page Number 19 of 146 F4, Attachment 1 6 6 OVERVIEW OF POLICY .ƚķǤ ‘ƚƩƓ /ğƒĻƩğƭ Ǟźƌƌ ĬĻ ǞƚƩƓ ƚƓ ğƌƌ CźƩĻ źƓǝĻƭƷźŭğƷźƚƓ͸ƭ ǞźƷŷźƓThe City of Maplewood.Detailed scene documentation of what the investigator looks at not just photographedCamera footage will be maintained and the same retention schedule utilized bypolice department based on a case by case basis. Minimum of 2 months up to 100 yearsAll body camera footage will be reviewed for quality assurance to assure proper steps arebeing maintained during investigationFootage can be utilized for training purposes for investigation team on uniquecircumstances Service Before Self Council Packet Page Number 20 of 146 F4, Attachment 1 7 11 QUESTIONS? Service Before Self Council Packet Page Number 21 of 146 F4, Attachment BODY WORN CAMERA (BWC) POLICY CITY OF MAPLEWOOD FIRE DEPARTMENT PURPOSE AND SCOPE The purpose of this Policy is to establish guidelines for the proper use, management, storage and retrieval of body worn camera (BWC) video and audio data recorded by the City of Maplewood Fire Department. This Policy applies to all members of the Maplewood Fire Department authorized to use BWCs. The authorization for the use of BWCs does not currently extend to any emergency medical service (EMS) functions of the department nor any incident response activities related to an active fire scene. The primary purpose of a BWC system, as currently authorized by this Policy, is for documenting statements, conditions and events during the course of a fire-related incident investigation and evidence gathering activities. The BWC system may also be used to record training as the department sees fit. Other uses of a BWC system, including but not limited to Fire Department initiated inspections of properties with a history of code violations, require prior approval from the Fire Chief. There is not a lot of data on the use of BWC recording systems for fire response agencies. As such, this Policy is subject to change and may be amended to include other department’s units and activities. POLICY It is the policy of this department to authorize the use of department-issued BWCs as set forth below: a.To document statements and events during the course of a fire-related incident investigation; b.To enhance the employee’s ability to document and review statements and actions for both internal reporting requirements and for use in post-action review when appropriate; c.To preserve visual and audio information for use in current and future fire-related investigations; d.To provide an impartial measurement for self-critique and field evaluation during employee training; e.To enhance the public trust by preserving factual representations of employee-citizen interactions. DEFINITIONS Body-Worn Camera(BWC)means equipment specifically authorized to be worn by employees of the department that is capable of capturing audio and video signals. The models of BWC system in use by the Maplewood Fire Department are manufactured by Axon Enterprise Inc. Employee refers to the Fire Department personnel authorized to use or access BWCs under this Policy. Evidentiary value means that the information may be useful in investigation of an incident, or in considering an allegation against an employee. Records Retention Schedule refers to the General Records Retention Schedule for Minnesota Cities as adopted by the City of Maplewood. Redact means to blur video or distort audio so that the identity of the subject in the recording is obscured sufficiently to render the subject unidentifiable. Unintentionally recorded footage is a video recording that results from an employee’s inadvertence or neglect in operating the BWC, provided that no portion of the recording has evidentiary value. Council Packet Page Number 22 of 146 F4, Attachment USE AND DOCUMENTATION Employees may use only department-issued BWCs in the performance of official duties for this department or when otherwise performing authorized services/duty as an employee of this department. Employees who have been issued BWCs shall operate and use them consistent with this Policy and any applicable state or federal laws. Employees shall check their issued BWCs at the beginning of each shift to make sure the devices are functioning properly and shall promptly report any loss or malfunctions to their supervisor. Employees should wear their issued BWCs at the location on their body and in the manner specified in training or which maximizes viewable video images. Whenever an employee makes a recording, or fails to record an activity that is required to be recorded under this Policy, the existence or non-existence of the recording shall be documented in an incident report, or Computer-Aided Dispatch (CAD) record of the event. REQUIRED RECORDINGS This Policy is not intended to describe every possible situation in which the BWC system should be used; however, an employee shall activate their BWC, if practical while not compromising the safety of others, during the course of an initial investigative activity related to the following types of events: a.Any fire-related incident involving a structure with an assessed value of $50,000 and above; b.Any fire-related incident involving suspected incendiary fires (arson); c.Any fire-related incident involving fatalities including pets; d.Any suspected hazardous material incident investigation; e.Any above described event that was not apparent during the initial investigative activity but has become apparent upon subsequent investigation. Employees authorized to use BWCs shall activate their BWCs upon securing the investigation site and the official commencement of the investigative and evidence gathering activities. Once activated, the BWC should continue recording until it becomes apparent that additional recording is unlikely to capture information having evidentiary value. If the recording is discontinued while an investigation is ongoing, employees shall state the reason for ceasing the recording on camera before deactivating their BWC. If circumstances change, employees shall reactivate their camera as required by this Policy to capture information having evidentiary value. If an investigative activity required to be recorded involves a multi-agency investigative team or if another state or federal agency present at the scene has a primary investigative responsibility, employees shall establish whether the use of BWC system would be in accordance with their protocol on the use of BWC systems prior to deploying. If the use of BWC system is against their protocol, employees are exempt for the requirement to record, however, a detailed statement to the effect shall be provided in the report including the name of the agency personnel who advised the recording would be against the agency protocol. DISCRETIONARY RECORDINGS Employees authorized to use BWCs may activate their BWCs at their discretion in the following situations that include but are not limited to: Council Packet Page Number 23 of 146 F4, Attachment a.Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording; b.Upon any post-initial field investigation activity where an employee believes the recording may capture additional audio-video information having evidentiary value. If multiple investigative agencies are concurrently present at the scene being investigated, employees should attempt to seek permission from those agencies prior to recording those situations allowing discretionary recording. PROHIBITED RECORDINGS Employees shall not intentionally block the BWC’s audio or visual recording functionality to defeat the purpose of this Policy. Notwithstanding any other provision in this Policy, employees shall not use their BWCs to record other department personnel during non-work-related activities, such as during pre-and post-shift time in locker rooms, during meal breaks, or during other private, non-business related conversations. No member of the department shall intentionally edit, alter, or erase any BWC recording unless otherwise expressly authorized by the Fire/EMS Chief or their designee in writing. To respect the dignity of others, department employees will avoid recording videos of persons who are nude or when sensitive human areas are exposed. In addition, BWC recording of individuals who are picketing or engaged in a protest or First Amendment demonstration will be avoided unless the operator is in the same vicinity for other legitimate Fire Department purposes. ACCESS TO BWC DATA a.During the course of the investigation During the course of the investigation of a fire-related incident, all BWC data are deemed to be confidential pursuant to Minn. Stats. 13.02 Subd.3 and 13.82 Subd.7. Prior to the completion of the investigation, access to BWC data shall be limited to the employee who captured the video, supervisory personnel and command level personnel, along with others deemed by the Fire Chief to have a “need to know or need to access” such as case investigators and records personnel. In addition, BWC recording shall be available to approved personnel within the offices of the Maplewood Police Department, City Attorney and Ramsey County Attorney. If during the course of the investigation it has been determined that a criminal activity is suspected to have been committed, access to the investigative data collected or created by the Fire Department may be withheld, even after the completion of the investigation, if it would jeopardize an ongoing law enforcement investigation. Prosecutors or their designees may authorize access to specific cases with BWC recording in accordance with Minn. Stat. 13.82 Subd.13. Access to BWC recordings by other law enforcement agencies during the course of the investigation, excluding private investigators, shall be as permitted under Minn. Stat.13.82 Subd.24 if pertinent and necessary to the requesting agency in furtherance of their investigation. Council Packet Page Number 24 of 146 F4, Attachment b.After the investigation has been completed and no pending criminal investigation Upon completion of the investigation and providing there is no pending criminal investigation, all BWC data, including visual and audio data, are deemed public government data pursuant to Minn. Stat. 13.03 Subd.1 unless otherwise classified private by an applicable state or federal law. Prior to release, such data, when classified private, shall be redacted to obscure the image(s) and/or voice(s) of the data subject(s), unless a written authorization has been obtained from them to release their private data. Requests for copies of BWC recordings must be made by using a department prescribed BWC Request Form attached at the end of this document. DEPARTMENT USE OF DATA Monthly, supervisors will randomly review BWC recordings made by each employee they supervise to ensure the equipment is operating properly and employees are using the devices appropriately in accordance with the Policy, and to identify any performance areas in which additional training or guidance is required. Supervisors shall document the date of their review and the name of each employee whose video footage was reviewed. Captains and command staff will submit documentation of their review to their respective command lever supervisor. Upon the request of any employee subject to this Policy, command staff will conduct a system audit to ensure that BWC recording review is equitably and fairly distributed across personnel. It should be noted that supervisory access to the recording may be for reasons other than random review and shall be documented as such. Employees should contact their supervisors to discuss retaining and using their BWC footage for training purposes. Employee objections to preserving or using certain footage for training will be considered on a case by case basis. Approval to utilize video footage for training purposes must be approved in writing by the Chief. Field training officers may review BWC data with trainees for the purpose of providing coaching and feedback on the trainee’s performance. Any member of this department who is deemed to be non-compliant with, or in violation of, this policy may be subject to disciplinary action, up to and including, termination. DATA RETENTION Evidentiary data shall be retained for the period specified in the General Records Retention Schedule for the City of Maplewood. When a particular recording is subject to multiple retention periods, it shall be maintained for the longest applicable retention period. Unintentionally recorded footage shall not be retained and is to be purged by a command-level staff member with administrative rights to take such action. BWC footage that is classified as non-evidentiary, or becomes classified as non-evidentiary, shall be retained for a maximum of 12 months following the date of capture. If information comes to light indicating that non-evidentiary data has evidentiary value for training, it may be reclassified and retained for a longer period. The department shall maintain an inventory of BWC recordings through its vendor-Axon Storage Platform. Council Packet Page Number 25 of 146 F4, Attachment DOWNLOADING AND LABELING DATA Each employee using a BWC is responsible for transferring or assuring the proper transfer of the data from their assigned camera to the designated data storage location by the end of their shift. Employees shall label the BWC data files at the time of video capture or transfer to storage, and should consult with a supervisor if in doubt as to the appropriate labeling. Employees should assign as many of the following labels as are applicable to each file: a.Unintentional recording: Employees labeling files as such shall document the events or subject matter that was accidentally recorded on a form or in a manner specified by the department. These recordings may be purged by a command level staff member with proper administrative rights. The request to have unintentional footage purged shall be maintained to ensure the integrity of the records system; b.Not evidence: The recording does not contain any of the listed label categories and has no apparent evidentiary value. Recordings of incidental citizen contacts are not evidence; c.Evidence: The recording captures incidents or events which are required to be recorded under this Policy and/or may have potential evidentiary value in further incident investigation or internal affairs investigation; d.Evidence-other: The recording has potential evidentiary value for reasons identified by the employee at the time of labeling. e.Training: To be used with supervisor approval when the video captured will be of value to department training efforts; f.Administrative/restricted: Command-level access only. Reserved for possible use as part of, or during, an internal investigation; g.Retention reclassification-permanent: The recording was initially classified in a manner that would result in automatic destruction in accordance with the City’s Records Retention Policy, however, based on case type and extended statutes of limitation, the data should be permanently retained (i.e., fatal fire investigation, incendiary fires, hazardous material incidents). Labeling and flagging designations may be corrected or amended based on additional information by a command level officer. COMPLIANCE Supervisors shall monitor for compliance with this Policy. The unauthorized access to or disclosure of BWC data may constitute misconduct and subject individuals to disciplinary action and criminal penalties pursuant to Minn. Stat. 13.09. Council Packet Page Number 26 of 146 F4, Attachment City of Maplewood Body Worn Camera Video Request Request Date: Report Number: Address/Location of the Video Recording: Date of Incident: I am a: Subject (parent/legal guardian involved in the video whose image or voice is captured in the video (provide a copy ofyour ID). Member of law enforcement agency, government entity or federal agency authorized to receive this video (must list legitimate, specified law enforcement purpose for obtaining the video ): Video will be: Picked up Mailed Emailed Your address: Your email: Your phone number: In making this request, I attest to my identity, and I understand that the information will be released only in accordance with the Minnesota Data Practices Act. Signature: ____________________________________ Date: _____________________ OFFICE USE ONLY Staff Verified Valid Photo ID:Driver’s License State ID Passport Military ID Other Release of data: Approved Denied (reason): ____________________________________________________________ Council Packet Page Number 27 of 146 F5 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Lois Knutson, Administrative Services & Performance Measurement Coordinator PRESENTER: Lois Knutson, Administrative Services & Performance Measurement Coordinator AGENDA ITEM: Strategic Plan Update for Third Quarter 2023 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Staff is presenting the attached report, which is a progress update on the status of the CityÓs Strategic Priorities through the third quarter of 2023. Recommended Action: Motion to accept the Strategic Plan Report for Third Quarter of 2023. 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: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment The executive report on the Strategic Plan includes all six pillars of the plan. Background: Strategic planning is an organizational management activity that is used to set priorities, focus energy and resources, strengthen operations, ensure that employees and other stakeholders are working toward common goals, establish agreement around intended outcomes/results, and assess and adjust the organization's direction in response to a changing environment. The City of Maplewood's Strategic Plan consists of SIX strategic priorities which are established by the City Council. These priorities are supported by a series of Key Outcomes and underlying Performance Measures, which describe desired outcomes and are a metric in measuring success. Council Packet Page Number 28 of 146 F5 In January 2018, staff began reporting on our plan using Envisio, a software company that implements a web-based solution, to align employees with the strategic plan and performance measures to accomplish organizational outcomes. Strategic planning is a continual journey and our plan is modified every year to ensure that it is up to date and reflects the changing dynamics of our community. At the council retreat in May of 2023, a mission statement and values were established by the council and management staff. These were then officially approved by the council on June 12, 2023. Mission Statement: To sustainably provide health, safety and quality of life for all. Core Values: We are a family-friendly employer and community. We strive for excellence through innovation and quality in the delivery of services. We are committed to community collaboration and public engagement that are respectful and inclusively aware. We are fiscally responsible stewards of all public funds. We strive to have respectful communication. We recognize professionalism and public policy that promotes strengths, courageous problem-solving, a commitment to the environment and respect for our community. Attachments: 1. Strategic Plan Report for Third Quarter of 2023 2. Disruptions Report 3. Presentation Council Packet Page Number 29 of 146 F5, Attachment 1 Council Packet Page Number 30 of 146 F5, Attachment 1 Council Packet Page Number 31 of 146 F5, Attachment 1 Council Packet Page Number 32 of 146 F5, Attachment 1 Council Packet Page Number 33 of 146 F5, Attachment 1 Council Packet Page Number 34 of 146 F5, Attachment 1 Council Packet Page Number 35 of 146 F5, Attachment 1 Council Packet Page Number 36 of 146 F5, Attachment 1 Council Packet Page Number 37 of 146 F5, Attachment 1 Council Packet Page Number 38 of 146 F5, Attachment 1 Council Packet Page Number 39 of 146 F5, Attachment 1 Council Packet Page Number 40 of 146 F5, Attachment 1 Council Packet Page Number 41 of 146 F5, Attachment 1 Council Packet Page Number 42 of 146 F5, Attachment 1 Council Packet Page Number 43 of 146 F5, Attachment 1 Council Packet Page Number 44 of 146 F5, Attachment 1 Council Packet Page Number 45 of 146 F5, Attachment 1 Council Packet Page Number 46 of 146 F5, Attachment 1 Council Packet Page Number 47 of 146 F5, Attachment 1 Council Packet Page Number 48 of 146 F5, Attachment 1 Council Packet Page Number 49 of 146 F5, Attachment 1 Council Packet Page Number 50 of 146 F5, Attachment 1 Council Packet Page Number 51 of 146 F5, Attachment 1 Council Packet Page Number 52 of 146 F5, Attachment 1 Council Packet Page Number 53 of 146 F5, Attachment 1 Council Packet Page Number 54 of 146 F5, Attachment 1 Council Packet Page Number 55 of 146 F5, Attachment 1 Council Packet Page Number 56 of 146 F5, Attachment 1 Council Packet Page Number 57 of 146 F5, Attachment 1 Council Packet Page Number 58 of 146 F5, Attachment 1 Council Packet Page Number 59 of 146 F5, Attachment 1 Council Packet Page Number 60 of 146 F5, Attachment 1 Council Packet Page Number 61 of 146 F5, Attachment 1 Council Packet Page Number 62 of 146 F5, Attachment 1 Council Packet Page Number 63 of 146 F5, Attachment 1 Council Packet Page Number 64 of 146 F5, Attachment 1 Council Packet Page Number 65 of 146 F5, Attachment 2 Council Packet Page Number 66 of 146 F5, Attachment 2 Council Packet Page Number 67 of 146 F5, Attachment 3 Quarter 2023 rd November 27, 2023 Strategic Plan Update 3 Council Packet Page Number 68 of 146 F5, Attachment 3 Plan Status and Progress Council Packet Page Number 69 of 146 F5, Attachment 3 Mission and Values Statements Council Packet Page Number 70 of 146 F5, Attachment 3 of July Celebration, National th Community Inclusiveness JulyÔsCelebrateSummerEvent was cancelled due to excessive heat Major events in Third Quarter: Light it Up 4Night Out, Fishing with Friends, August Celebrate Summer, and Touch a Truck Fire Department staff participated in 38 Community Outreach Events in Q3Staff are continuing to update all job descriptions and evaluating through a DEI lens. Council Packet Page Number 71 of 146 F5, Attachment 3 Environmental Stewardship Climate mitigationUpdates toGreenBuildingCodeElectric Vehicle Infrastructure ¤¤¤ 107 Ash trees have been removed from public land and City right-of-way306replacement trees havebeenplantedClimate Adaptation Plan Priorities ¤¤¤ Council Packet Page Number 72 of 146 F5, Attachment 3 Financial & Asset Management Maplewood continues to maintain a bond rating of AA+ and a management score of Ñvery strongÒ. ReceivedtheGFOA distinguished budget award for 202373.5% of streets have a PCI rating of 70 or above3.25 milesofstreet were improved in 2023 (Average is 4.12 per year) ` Council Packet Page Number 73 of 146 F5, Attachment 3 of July fireworks, reaching more than 100 th Integrated Communication Communications collaborated with Fire to translate materials into KAREN, then staff were able to work with the Karen community to have a translator on hand to conduct successful surveys to gain better knowledge of the communityÔs fire-safety knowledge. Live broadcast of the 4sustained viewersFacilitated full-staff cultural agility training. ¤¤¤ Council Packet Page Number 74 of 146 F5, Attachment 3 trimester is at 80% nd Operational Effectiveness Wellness participation for 2IT continues to provide a timely response to helpdesk request SLAÔs Ï93.2% handled in allotted time. Massive disruptions to crime data reporting because the records management system is unable to correctly submit crime data to the state. The system has been down since June. ¤¤¤ Council Packet Page Number 75 of 146 F5, Attachment 3 Targeted Redevelopment LondinLane project with 119 new affordable housing units opened this summer.JB Vang was approved for a 65 unit affordable housing project and additional funding sources have been secured. Beacon InterfaithÔs40 unit permanent supportive housing project at Gladstone House property was approved. The American Cooperative with 57 units is expected to start construction in the spring. ¤¤¤¤ Council Packet Page Number 76 of 146 F5, Attachment 3 Questions? Council Packet Page Number 77 of 146 THIS PAGE IS INTENTIONALLY LEFT BLANK Council Packet Page Number 78 of 146 G1 Council Packet Page Number 79 of 146 G1, Attachments Council Packet Page Number 80 of 146 G1, Attachments Council Packet Page Number 81 of 146 G1, Attachments Council Packet Page Number 82 of 146 G1, Attachments Council Packet Page Number 83 of 146 G1, Attachments Council Packet Page Number 84 of 146 G1, Attachments Council Packet Page Number 85 of 146 G1, Attachments Council Packet Page Number 86 of 146 G1, Attachments Council Packet Page Number 87 of 146 G1, Attachments Council Packet Page Number 88 of 146 G1, Attachments Council Packet Page Number 89 of 146 G1, Attachments Council Packet Page Number 90 of 146 G1, Attachments Council Packet Page Number 91 of 146 G2 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Joe Rueb, Finance Director PRESENTER: Joe Rueb, Finance Director AGENDA ITEM: Approval of Budgeted Transfers Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: Transfers between funds are periodically necessary. City Council approval of transfers is required. The transfers on the attached lists are budgeted administrative, capital project and debt service transfers for 2023. Recommended Action: Motion to approve the transfers dated November 27, 2023 and authorize the Finance Director to make the necessary accounting entries. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Transfers are a component of the City’s annual budget or for the restructuring of accounts. They provide operational effectiveness. Background: Transfers are part of the City’s budget and long-term financial plan and do not have a fiscal impact because transfers represent activity between funds. The Budgeted Debt Service Transfers are planned transfers from TIF and utility funds to provide the pledged revenues to service the G.O. bonds. These transfers were part of the original debt issuance agreement. Council Packet Page Number 92 of 146 G2 The Budgeted Administrative Transfers primarily represent contributions from utility and TIF funds for administrative overhead costs. Each year the City budgets for administrative contributions from these funds. The Budgeted Capital Project Transfers represent contributions from utility and capital project funds to finance the 2023 street improvement projects. These transfers are part of the approved financing plan for each specific street project. Attachments: 1.Transfers dated November27, 2023 Council Packet Page Number 93 of 146 G2, Attachment 1 Council Packet Page Number 94 of 146 G3 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman REPORT FROM: Ryan Schroeder, Assistant Fire Chief PRESENTER: Ryan Schroeder, Assistant Fire Chief AGENDA ITEM: Resolution Directing Promulgation of Ramsey County Comprehensive Emergency Operations Plan Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood has partnered with Ramsey County in the past by adopting the Ramsey County Comprehensive Emergency Operations Plan (CEOP). The CEOP details all comprehensive emergency management efforts. It is designed to comply with all applicable federal and state regulations and to provide the policies and procedures to be followed in dealing with any emergency and/or disaster. The CEOP identifies the hazards that could affect the county and the city and sets forth the responsibilities conveyed to individual local government departments. The CEOP has been rewritten in 2023 and should be considered for adoption. Recommended Action: Motion to approve the resolution directing promulgation of Ramsey County Comprehensive Emergency Operations Plan. 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: Community InclusivenessFinancial& Asset Mgmt.Environmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The CEOP provides communities in Ramsey County with a plan to strive for consistency in emergency planning. Background A CEOP is required by several state and federal laws including Minnesota Statutes Chapter 12, Section 12.25 and Title VI of the PL 100-707, the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (USC 68, sec, 5121 et seq). For two decades, Ramsey County has adopted Council Packet Page Number 95 of 146 G3 a countywide approach to emergency operations planning. This approach saves money for all municipalities and county government agencies by reducing duplicated efforts and by streamlining both training and exercises/practice. It leads to saving lives, property, and the environment through a common language and a common concept of operations. This amended CEOP is a complete rewrite of the existing document considering lessons learned from real world emergencies that have impacted Ramsey County over the past several years. It reflects necessary changes to our operational processes and directs attention to Ramsey County’s most vulnerable communities. This rewritten CEOP was developed with the input of many affected Ramsey County agencies and from our municipal partners, as well as outside subject matter experts to better prepare the county for disasters in the decades to come. The countywide CEOP serves as the required plan for all of Ramsey County’s suburban municipalities. th At the City Council Workshop on September 11 , 2023, Ramsey County Emergency Management and Homeland Security Director Judd Freed presented the Ramsey County CEOP. It is recommended that the CEOP is adopted by the City of Maplewood. Director Freed provided documentation in the form of a Letter of Promulgation to complete the adoption. Attachments 1.Resolution 2.Letter of Promulgation Council Packet Page Number 96 of 146 G3, Attachment 1 RESOLUTION DIRECTING PROMULGATION OF THE RAMSEY COUNTY COMPREHENSIVE EMERGENCY OPERATIONS PLAN WHEREAS, the City Council of Maplewood, Minnesota is required by Minnesota State Statute to adopt a Comprehensive Emergency Operations Plan (CEOP). WHEREAS, the CEOP details all comprehensive emergency management efforts. WHEREAS, the CEOP is designed to comply with all applicable federal and state regulations. WHEREAS, the CEOP will be reviewed annually and updated as necessary by Ramsey County’s Department of Emergency Management. WHEREAS, it is now necessary and expedient that said CEOP is formally adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, Minnesota, that 1.The Mayor, City Manager, and Director of Emergency Management are hereby authorized and directed to adopt the Ramsey County Comprehensive Emergency Operations Plan through promulgation. th Adopted by the Maplewood City Council on this 27 day of November 2023. Council Packet Page Number 97 of 146 G3, Attachment Letter of Promulgation The formallyadoptedthe 2023 update to the Comprehensive Emergency Operations Plan(CEOP) on via Resolution__________________. The CEOP detailsall comprehensive emergencymanagement efforts. It is designed to comply with all applicable federal and state regulations and to provide the policies and procedures to be followed in dealing with any emergency and/or disaster. The CEOP identifies the hazards that could affect the c, sets forth the responsibilitiesoflocal government departments and agencies, and outlines ameansfor local and state resources to be usedtosupportimpacted populations. The planning authorities and responsibilities conveyed to individual local government departments and agenciesare recognized and acknowledged. This plan supersedes all otheremergency operations plans. Pursuant toMinnesota Statutes Chapter 12, this plan will be reviewed annually and updated as necessary. As irector of EmergencyManagement, I certify that I have reviewed this document for compliance with state and federal requirements. I herebyrecommend that the Manager and of promulgate the updated2023 CEOP. _______________________________________________ Date The undersigned have reviewed and approve and promulgate the 2023 CEOPas requiredby Minnesota Statutes Chapter12.All departmentsand agenciesunderjurisdiction shall abide by and cooperatefully withthe provisions described or referenced herein. _____________________________________ ManagerDate ____________________________ _________ Date Ramsey County | Base PlanI Council Packet Page Number 98 of 146 G4 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steve Love, Director of Public Works/City Engineer Audra Robbins, Parks and Natural Resources Manager Shann Finwall, AICP, Environmental Planner PRESENTER: Steve Love, Director of Public Works/City Engineer AGENDA ITEM: 2024 SCORE Funding Grant Application Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: Ramsey County offers Select Committee on Recycling and the Environment (SCORE) grants to cities to enhance or improve their recycling efforts. SCORE grant funding is awarded on a per capita basis and is intended to help fund the City’s recycling program. Maplewood has historically used SCORE funding to help offset the cost of collecting residential recyclables through the City’s recycling contract. SCORE funds can also be used for administration, promotional activities, equipment, and/or food scrap collection. Recommended Action: Motion to approve the 2024 SCORE funding grant application. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $100,499 SCORE grant funding with the option of an additional $19,133 if the City achieves the incentives. Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: The 2024 recycling program budget will be subsidized by the Ramsey County SCORE grant for approximately $119,632 to help fund the collection of recyclables in the City. Strategic Plan Relevance: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment The 2024 SCORE Funding Grant Application identifies the use of the City’s SCORE funds for the collection of recyclables by Tennis Sanitation. The SCORE funds will assist the City in meeting its solid waste goals. Council Packet Page Number 99 of 146 G4 Background: Every year Ramsey County receives SCORE funding from the Minnesota Pollution Control Agency. These funds are passed through to municipalities to provide partial support for municipal recycling and related programs. To receive SCORE funding, municipalities must apply for the funding annually as well as adhere to the SCORE funding requirements. Attached find the City’s 2024 SCORE funding grant application. Documentation of City Council review and approval is due by December 31, 2023. 2024 Base Funding The City of Maplewood has the opportunity to apply for a grant that is currently estimated to be $100,499. The requirements for the base grant award is as follows: Complete all 2024 SCORE requirements, including reporting on time and submitting a mid- year status report. Provide outreach to all residents about the municipality’s recycling program and submit copies of materials to Ramsey County. Use Ramsey County materials and information when and where appropriate to promote increased recycling, reuse and repair (e.g., Fix-it Clinics), medicine collection, household hazardous waste, organic waste and yard waste participation. o Send materials to Ramsey County for review prior to distribution. o Include county contact information on materials: 24/7 Recycling & Disposal Hotline: 651-633-EASY (3279) RamseyRecycles.com o Provide links to the Ramsey County web pages on municipality website. Regularly update recycling content on the municipality’s website. Promote BizRecycling resources to businesses and Multi-unit Recycling. Use hauler data to identify those not recycling and target educational materials. Ensure all multi-unit properties are meeting State law requirements to recycle and are receiving free Ramsey County resources. Increase opportunities for recycling in public spaces. o All recycling bins must be paired with a trash bin and in good condition. o Labels must be readable. o Promote Ramsey County’s event container lending program and green event planning tips. Enforce recycling contracts, including the assessment of penalties for non-compliance. o Audit reporting by obtaining hauler weight tickets. o Have labels replaced if not readable. Work with Ramsey County to educate and move toward Food Scraps Pick up Program for all residents. Attend County Recycling Coordinator meetings and attend a yearly composition study. Complete one incentive each year to improve recycling, reuse, repair, reduce and rot. Additional incentive activities should be incorporated to improve the environmental justice index within the city. 2024 Incentive Funding In addition to base funding, the City is eligible to receive up to two optional incentive payments for new or enhanced programs in the following areas: Council Packet Page Number 100 of 146 G4 Bulky waste collection at no cost or a discounted price that prioritizes recycling and/or reuse. Engaging small businesses in curbside recycling services. Promoting BizRecycling to businesses and institutions. Food scraps drop off site. Additional qualifying activity. Maplewood’s incentive funding is estimated to be an additional $19,113. Once the grant application is submitted, Ramsey County will work with the City to finalize recycling incentives that will be feasible to achieve in 2024. 2023 Funding History In 2023, the City’s SCORE grant was $103,659 with an additional $19,745 if the City achieved recycling incentives. To achieve the incentive, Maplewood has been working with our contracted recycling hauler Tennis Sanitation to complete the following items: Promote BizRecycling. Actively work with and promote BizRecycling to businesses and institutions in collaboration with Ramsey/Washington Recycling & Energy for organics recycling and food waste reduction programs. Promote Multi-unit Recycling Improvements. Actively work with and promote free resources and grants to multi-unit building in collaboration with Ramsey/Washington Recycling & Energy to improve and/or start recycling at multi-unit dwellings. Attachments: 1.2024 SCORE Funding Grant Application Council Packet Page Number 101 of 146 G4, Attachment 1 Council Packet Page Number 102 of 146 G4, Attachment 1 Council Packet Page Number 103 of 146 G4, Attachment 1 Council Packet Page Number 104 of 146 G5 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Maplewood City Council REPORT FROM: Melinda Coleman, City Manager Joe Rueb, Finance Directo r PRESENTER: Melinda Coleman, City Manager AGENDA ITEM: Fourth Amendment to Maplewood Community Center Operating Agreement Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The City of Maplewood has an agreement with YMCA of the North to operate the Maplewood Community Center. The YMCA is still experiencing operational challenges due to the pandemic. This has changed the nature of the business operations. During the pandemic the Maplewood Area EDA provided a business grant to the YMCA. The YMCA is requesting that the Council consider the Fourth Amendment to the Maplewood Community Center Operating Agreement, which will provide for mutually beneficial changes and are noted below. Recommended Action: Motion to approve the Fourth Amendment to Maplewood Community Center Operating Agreement with the YMCA of the North. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is N/A Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: N/A Strategic Plan Relevance: Financial Sustainability Integrated Communication Targeted Redevelopment Operational Effectiveness Community Inclusiveness Infrastructure & Asset Mgmt. The amendment will provide for a more sustainable financial plan and allow the YMCA to operate the Maplewood Community Center more efficiently as they transition out of the pandemic. Background The YMCA of the North operates the Maplewood Community Center according to the provisions contained in an operating agreement. The First Amendment to the Maplewood Community Center Council Packet Page Number 105 of 146 G5 Operating Agreement was approved on September 14, 2020 and provided for the following mutually beneficial changes to the original agreement: 1. The City will continue to utilize the banquet center for up to 20 hours per week, through December 31, 2021; 2. The YMCA will be allowed to utilize its remaining capital contributions from 2020 (approximately $100K) and its $200K contribution in 2021 for operating purposes; 3. The City and YMCA will jointly review and reprioritize capital plans that are scheduled to occur between October 1, 2020 and October 1, 2023; 4. Due to existing circumstances, the period for termination of the original contract will be revised to six months, rather than one year, with the termination not to take effect before December 31, 2021. The Second Amendment provided for three changes: 1. Notwithstanding anything herein to the contrary, the YMCA shall only be required to make a $75,000 deposit described in Section 4.1, Paragraph D in the year 2022, and its failure to not make full original deposit shall not constitute a breach of its financial commitments under Section 6.1, Paragraph B or any other provisions of this Agreement. 2. Notwithstanding anything herein to the contrary, the City shall increase its deposit, described in Section 4.1, Paragraph E in the year 2022, to a maximum total amount of $212,242, and such increase shall not impact the CityÓs future annual deposits as provided in Section 4.1, Paragraph F. 3. From January 1, 2022 through December 31, 2022 the City shall have the right to use the banquet areas of the Facility for up to 15 hours per week under the same terms and conditions as during the first 48 months of the Term of this Agreement. The Third amendment provides for the following changes: 1. Section 3.3, Paragraph C of the Operating Agreement is amended by adding the following sentence to the end of that Paragraph. From January 1, 2023 through December 31, 2023 the City shall have the right to use the banquet areas of the Facility for up to 15 hours per week under the same terms and conditions as during the first 48 months of the Term of this Agreement. 2. Section 4.1 of the Operating Agreement is amended to include a new paragraph M as follows: M. Notwithstanding anything herein to the contrary, the YMCA shall only be required to make a $50,000 deposit described in Section 4.1, Paragraph D in the year 2023 (the Ð2023 DepositÑ), and its failure to not make the full original deposit shall not constitute a breach of its financial commitments under Section 6.1, Paragraph B or any other provision of this Agreement. 3. Section 4.1 of the Operating Agreement is amended to include a new paragraph N as follows: Council Packet Page Number 106 of 146 G5 N. Notwithstanding anything herein to the contrary, the YMCA may repurpose $216,486 of the CityÓs 2023 $216,486 capital improvement Funds deposit (see Operating Agreement Section 4.1.F) for purpose of sustaining operations of the Maplewood YMCA Community Center. No other obligations of the City are impacted by this deviation. 4. Except as specifically noted in this Third Amendment, the terms and conditions of the Operating Agreement, as amended by the First Amendment and Second Amendment, shall remain in full force and effect. In the case of any inconsistency between the terms of the Operating Agreement, as amended by the First Amendment, the Second Amendment, and this Third Amendment, the terms of this Third Amendment shall control. 5. This Third Amendment may be executed in any number of counterparts, each of which shall constitute one and the same instrument. This Third Amendment may be modified only in writing signed by the parties. The Fourth amendment provides for the following changes: 1. Section 4.1 of the Operating Agreement is amended to include a new paragraph M as follows: M. Notwithstanding anything herein to the contrary, the YMCA shall only be required to make a $50,000 deposit described in Section 4.1, Paragraph D in the year 2024 (the Ð2024 DepositÑ), and its failure to not make the full original deposit shall not constitute a breach of its financial commitments under Section 6.1, Paragraph B or any other provision of this Agreement. 2. Section 4.1 of the Operating Agreement is amended to include a new paragraph N as follows: N. Notwithstanding anything herein to the contrary, the YMCA may repurpose $200,000 of the CityÓs 2024 $220,816 capital improvement Funds deposit (see Operating Agreement Section 4.1.F) for purpose of sustaining operations of the Maplewood YMCA Community Center. No other obligations of the City are impacted by this deviation. The City will keep the remaining $20,816 for repairs to the exterior steel beams as well as other exterior repairs and maintenance. Attachments 1. Fourth Amendment to Maplewood Community Center Operating Agreement Council Packet Page Number 107 of 146 G5, Attachment 1 FOURTHAMENDMENT TO MAPLEWOOD COMMUNITY CENTER OPERATING AGREEMENT This FourthFourthA3rd_ day of November 2023Fourth WHEREAS, the City and the YMCA entered into the Maplewood Community Center Operating od Community Center (the by the YMCA, which became effective on November 1, 2016; and WHEREAS, to address the impacts of the outbreak of COVID-19, the YMCA and City challenges of COVID-19; and WHEREAS, to continue addressing the long-term nature of impacts from the outbreak of COVID-19, the YMCA and the City entered into the Second Amendment to the Maplewood Community th Center Operating Agreement on September 13, 2021; andtheThird Amendment on November 14, 2022; and WHEREAS, the COVID--term impact continues to ability to operate the Maplewood Community Center, with deleterious effects on membership enrollment, program participation and facility rentals; and WHEREAS, the YMCA has requested additional flexibility in utilizing its funds and in its operations to ensure that the MCC can continue to serve the residents of Maplewood; and WHEREAS,the City and the YMCA wish to amend the Operating Agreement for the mutual benefit of the parties. NOW, THEREFORE, it is hereby agreed by and between the City and the YMCA as follows: 1.Section 3.3, Paragraph C of the Operating Agreement is amended by adding the following sentence to the end of that Paragraph. From January 1, 2024through December 31, 2024the City shall have the right to use the banquet areas of the Facility for up to 15 hours per week under the same terms and conditions as during the first 48 months of the Term of this Agreement. 2.Section 4.1 of the Operating Agreement is amended to include a new paragraph Mas follows: M.Notwithstanding anything herein to the contrary, the YMCA shall only berequiredto make a $50,000 deposit described in Section 4.1, Paragraph D in the year 20244 and its failure to not make the full original deposit shall notconstitute a breach of its financial commitments under Section 6.1, Paragraph B orany other provision of this Agreement. 3.Section 4.1 of the Operating Agreement is amended to include a new paragraph Nas follows: Council Packet Page Number 108 of 146 G5, Attachment 1 N.Notwithstanding anything herein to the contrary, the YMCA may repurpose $200,000of the 4$220,816capital improvement Funds deposit (see Operating Agreement Section 4.1.F)for purpose of sustaining operations of the Maplewood YMCA Community Center.No other obligations of the City are impacted by this deviation.The City will keep the remaining $20,816for repairs to the exterior steel beams as well as other exterior repairs and maintenance. 4.Except as specifically noted in this FourthAmendment, the terms and conditions of the Operating Agreement, as amended by the First Amendment,Second Amendment,and Third Amendment, shall remain in full force and effect. In the case of any inconsistency between the terms of the Operating Agreement, as amended by the First Amendment, the Second Amendment, theThird Amendment,and this Fourth Amendment,the terms of this FourthAmendment shall control. 5.This FourthAmendment may be executed in any number of counterparts, each of which shall constitute one and the same instrument. This FourthAmendment may be modified only in writing signed by the parties. IN WITNESS WHEREOF, the parties have executed this FourthAmendment as of the Fourth Amendment Effective Date. CITY OF MAPLEWOOD By _____________________________ Marylee Abrams, Mayor By _____________________________ Melinda Coleman, City Manager YMCA By _____________________________ Council Packet Page Number 109 of 146 G6 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Mike Darrow, Assistant City Manager / HR Director PRESENTER: Mike Darrow, Assistant City Manager / HR Director AGENDA ITEM: 2024 Service Agreement with National Financial Partners (NFP) for Employee Benefit Plan Assistance and Management Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: The term for the current agreement between the City and NFP will end on December 31, 2023. Staff seeks consideration to approve a new 1-year agreement. Recommended Action: Motion to approve the 2024 service agreement between the City of Maplewood and National Financial Partners (NFP). Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is n/a Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: n/a Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment NFP works closely with HR Staff and the Insurance Labor-Management in securing competitive bids, successfully bringing insurance costs down, and providing compliance services particularly with regard to the Affordable Healthcare Act. Background: NFP has provided the City of Maplewood with insurance broker services since April 2004. In 2009, the City and NFP/FCI renegotiated FCIÓs fee from $76,000/year to $45,000/year starting in 2010. This was a reduction of $31,000 from 2009. They are paid directly by Medica through insurance premiums paid by the City and the employees. Their reduced cost of $45,000 has remained consistent since 2010. There is no increase for 2024. Council Packet Page Number 110 of 146 G6 NFP works closely with HR Staff and the Insurance Labor-Management Committee to represent the City and CommitteeÓs interests in securing competitive bids, successfully bringing insurance costs down, providing compliance services particularly with regard to the Affordable Healthcare Act. TheyÓve also provided input and support over the past few years to the CityÓs Wellness Program and Committee. Since 2005, NFP has saved the City of over $2.4 million in health insurance premiums. They have a demonstrated track record of responsiveness, professionalism, attention to detail, and have provided excellent customer service to the City. They have also provided ongoing support and assistance for the past few years to the CityÓs Wellness Committee. Attachments: 1. 2024 Service Agreement with NFP Council Packet Page Number 111 of 146 G6, Attachment 1 Council Packet Page Number 112 of 146 G6, Attachment 1 Council Packet Page Number 113 of 146 G6, Attachment 1 Council Packet Page Number 114 of 146 G6, Attachment 1 Council Packet Page Number 115 of 146 G7 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Elizabeth Hammond, Planner PRESENTER:Danette Parr, Community Development Director AGENDA ITEM: Conditional Use Permit Review, Menards, 2280 Maplewood Drive Action Requested: MotionDiscussion Public Hearing Form of Action: Resolution OrdinanceContract/Agreement Proclamation Policy Issue: The conditional use permit (CUP) for Menards at 2280 Maplewood Drive is due for review. Recommended Action: Motion to approve the CUP review for Menards and review again in eight months. 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: Community InclusivenessFinancial & Asset MgmtEnvironmental Stewardship Integrated Communication Operational EffectivenessTargeted Redevelopment City ordinance requires conditional use permits to be reviewed by the council within one year of initial approval unless such review is waived by council decision. At the one-year review, the council may specify an indefinite or specific term for subsequent reviews, not to exceed five years. Background: The city approved a conditional use permit amendment for Menards to construct a new building and warehouse on March 9, 2020. The project is nearly complete, and the business has re-opened. The site has a temporary certificate of occupancy, as site corrections are still required, primarily related to drainage issues that must be corrected and the final site grading is completed. This past August, city engineering staff were notified of a drainage concern with the adjacent property to the northeast at 1180 Highway 36 (Countryside Volkwagen, Inc.). City staff identified that the site drainage for the neighboring site was blocked from draining to the Menards property Council Packet Page Number 116 of 146 G7 due to the perimeter wall and grading work that occurred during construction. Engineering staff are actively working on this issue with the business. In addition to city review and approval, these items must be reviewed by both the Ramsey-Washington Metro Watershed District and St. Paul Regional Water Service. Please reference the attached letter from Assistant City Engineer Jon Jarosch for further details. It has been identified that there is an area along the south end of the property where a section of the screening fence should be added to ensure adequate screening from the view of the neighboring residential properties to the south on County Road B. Initially, due to the permanent plantings proposed in this area, a fence was not required. Since the concern has been identified, staff has been actively working on a solution. While the trees and shrubs have been planted, it will take time for the landscaped screening to grow and effectively provide year-round screening. The business has agreed to construct additional fencing to connect the open area viewed from County Road B, which will supplement the current landscaped screening. The business owner indicated that this work is being completed during the week of November 20-24 before the council’s review. Timeline/Previous Actions March 9, 2020: The City Council reviewed the proposal and approved the conditional use permit amendment. March 8, 2021: The City Council reviewed and approved the CUP for one year. May 23, 2022: The City Council reviewed and approved the CUP for six months. November 14, 2022: The City Council reviewed and approved the CUP for one year. Conclusion: City staff are actively working with the business to ensure these items are completed and inspected before issuing final approval on open permits and a full certificate of occupancy. Staff recommends reviewing this CUP again in eight months to ensure compliance with the issues identified. This recommended timeframe should allow for sufficient warmer weather between now and July 2024 to confirm that these outstanding items are completed and that staff can conduct inspections as required. Reference Information Site Description Site Size: Menard Inc. site - 17.19 acres Surrounding Land Uses North: Highway 36 South: Single Dwelling Residential East: Countryside VW /FIAT and single-family residential West: Highway 61 Planning Existing Land Use: Mixed-Use Existing Zoning: Light Manufacturing (M1) Council Packet Page Number 117 of 146 G7 Attachments: 1.Overview Map 2.Site Plan 3.City Council Meeting Minutes & CUP Conditions 4.Letter to Property Owner Dated November 21, 2023 Council Packet Page Number 118 of 146 G7, Attachment 1 Council Packet Page Number 119 of 146 G7, Attachment 2 Council Packet Page Number 120 of 146 G7, Attachment 3 Council Packet Page Number 121 of 146 G7, Attachment 3 Council Packet Page Number 122 of 146 G7, Attachment 3 Council Packet Page Number 123 of 146 G7, Attachment 3 Council Packet Page Number 124 of 146 G7, Attachment 3 Council Packet Page Number 125 of 146 G7, Attachment 3 Council Packet Page Number 126 of 146 G7, Attachment 3 Council Packet Page Number 127 of 146 G7, Attachment 3 Council Packet Page Number 128 of 146 G7, Attachment 3 Council Packet Page Number 129 of 146 G7, Attachment 4 November 21, 2023 Mr. Nick Brenner Menards, Inc. 5101 Menard Drive Eau Claire, WI 54703 RE:Conditional Use Permit Violation – Menards Site at2280 Maplewood Drive Dear Mr. Brenner: The City of Maplewood was notified on August 23, 2023 of a drainage concern at 1180 Highway 36 by Jonathan Schmelz, president of Countryside Volkswagen, Inc. His notification prompted the City to visit the site and investigate the complaint. On August 29, 2023 I notified you via email that the grading work and perimeter wall installed during the recent reconstruction of the Menards site had blocked drainage from the Schmelz property onto the Menards property. I noted that this blockage needed to be corrected. It was further requested in said email that you look into this situation and provide Mr. Schmelz and the City a plan of action as soon as possible. This issue remains outstanding, with the City receiving no further response or action from Menards, Inc. The Conditional Use Permit for the reconstruction of the Menards site at 2280 Maplewood Drive required the following items amongst other requirements. 1.The applicant shall ensure that the placement of this fill does not negatively impact the drainage on adjacent properties. Runoff from adjacent properties shall be accommodated by the proposed site design. 2.The proposed perimeter wall shall not block the flow of drainage from adjacent properties onto the site. The site is currently in violation of these requirements. Please submit a plan to correct the drainage issue and resolve these violations to the City of Maplewood and Mr. Schmelz no later than November 27, 2023. The Conditional Use Permit for this site is being reviewed by the Maplewood City Council on November 27, 2023. This drainage issue will be discussed during this review. It is critical that you present the City and Mr. Schmelz with a plan of action prior to the City Council meeting. Failure to resolve theseissues could result in enforcement actions by the City of Maplewood. Respectfully, Jon Jarosch Assistant City Engineer Cc:Mr. Mychal A. Bruggerman, Attorney at Law, Grabarski Law PLLC CityofMaplewood Public Works DepartmentOffice651-249-2400 1902County Road B Eastwww.maplewoodmn.gov Maplewood, MN 55109 Council Packet Page Number 130 of 146 J1 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Andrea Sindt, City Clerk Christine Evans, Deputy City Clerk PRESENTER: Andrea Sindt, City Clerk AGENDA ITEM: On-Sale WineLicense for J Pot MN Inc., dba J Pot Korean BBQ & Hot Pot, 1845 County Road D East, Suite 100 Action Requested: Motion Discussion Public Hearing Form of Action: Resolution Ordinance Contract/Agreement Proclamation Policy Issue: In accordance with City Code Chapter 6 (Alcoholic Beverages), an application for an On-Sale Wine license was submitted by Zhong Zi Zheng to be used at J Pot Korean BBQ & Hot Pot, located at 1845 County Road D East, Suite 100. Recommended Action: Motion to approve the On-Sale Wine license for J Pot MN Inc., dba J Pot Korean BBQ & Hot Pot, located at 1845 County Road D East, Suite 100. 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: NA Strategic Plan Relevance: Community Inclusiveness Financial & Asset Mgmt Environmental Stewardship Integrated Communication Operational Effectiveness Targeted Redevelopment Council approval is required prior to issuance of an On-Sale Wine license, per City Code Sec. 6-119. Background: For the purposes of the license application a background investigation was conducted on Mr. Zheng, owner/manager of J Pot Korean BBQ & Hot Pot. He will be meeting with the police department to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to the service of alcohol. Attachments: None Council Packet Page Number 131 of 146 J2 CITY COUNCIL STAFF REPORT Meeting Date November 27, 2023 REPORT TO: Melinda Coleman, City Manager REPORT FROM: Steven Love, Director of Public Works/City Engineer PRESENTER:Steven Love AGENDA ITEM: Ramsey County Cooperative Agreement for White Bear Avenue Improvements, City Project 19-26 Action Requested:MotionDiscussionPublic Hearing Form of Action:ResolutionOrdinanceContract/AgreementProclamation Policy Issue: Ramsey County is leading a road improvement project for Larpenteur Avenue, White Bear Avenue, and North Saint Paul Road. The project is currently being designed and will include improvements to the roadway, utilities, signals, and new sidewalks. The City Council will consider entering into a cooperative agreement, with Ramsey County, for the White Bear Avenue Improvements, City Project 19-26. This agreement covers the responsibilities and cost share for both the City and Ramsey County for the proposed improvements. Recommended Action: Motion to approve the attached cooperative agreement, with Ramsey County, for the White Bear Avenue Improvements, City Project 19-26 and direct the Mayor and City Manager to sign the agreement. Minor revisions as approved by the City Attorney are authorized as needed. Fiscal Impact: Is There a Fiscal Impact? No Yes, the true or estimated cost is $955,765.82 Financing source(s): Adopted Budget Budget Modification New Revenue Source Use of Reserves Other: Maplewood’s estimated cost share of the proposed improvement, including construction, design, inspection and right-of-way acquisition, is $955,765.82. The proposed improvements will be funded through Municipal State Aid funds. These improvements are included in the Draft 2024-2028 Capital Improvement Plan with payment taking place in 2024. Strategic Plan Relevance: Community InclusivenessFinancial & Asset Mgmt.Environmental Stewardship Integrated CommunicationOperational EffectivenessTargeted Redevelopment This agreement covers the responsiblilties of Ramsey County and the City of Maplewood for the White Bear Avenue Improvements, City Project 19-26. The proposed project will include improvements of the street condition, upgrade existing utilities, and will add new pedestrian improvements on White Bear Avenue, Larpenteur Avenue, and North Saint Paul Road. Council Packet Page Number 132 of 146 J2 Background Ramsey County is leading a street improvement project on the following roads (see attached project location map): Larpenteur Avenue – to be reconstructed between Flandrau Street to Hazel Street North Saint Paul Road – to be reconstructed between White Bear Avenue and Ripley Avenue White Bear Avenue – concrete pavement repairs between Larpenteur Avenue and Frost Avenue The proposed project will also include ADA upgrades, utility improvements, traffic signal upgrades, sidewalk replacement, new sidewalks along the west side of White Bear Avenue and along Larpenteur Avenue. The total estimated project cost is $12,791,754.85. This includes construction, design, inspection and acquisition of additional right-of-way. Of the total project cost, Maplewood’s cost share is $955,765.82. The City’s portion of the project’s cost will be funded through Municipal State Aid Funds. The project funding is accounted for in the draft 2024-2028 Capital Improvement Plan. The City Attorney has reviewed the attached cooperative agreement with Ramsey County for the White Bear Avenue Improvements, City Project 19-26. Staff recommends approving the attached cooperative agreement with Ramsey County. Attachments 1.Project Location Map 2.Ramsey County Cooperative Agreement for the White Bear Avenue Improvements Council Packet Page Number 133 of 146 J2, Attachment 1 Council Packet Page Number 134 of 146 J2, Attachment 2 Council Packet Page Number 135 of 146 J2, Attachment 2 Council Packet Page Number 136 of 146 J2, Attachment 2 Council Packet Page Number 137 of 146 J2, Attachment 2 Council Packet Page Number 138 of 146 J2, Attachment 2 Council Packet Page Number 139 of 146 J2, Attachment 2 Council Packet Page Number 140 of 146 J2, Attachment 2 Council Packet Page Number 141 of 146 J2, Attachment 2 Council Packet Page Number 142 of 146 J2, Attachment 2 Exhibit A - Project Location Map Council Packet Page Number 143 of 146 J2, Attachment 2 Council Packet Page Number 144 of 146 J2, Attachment 2 Council Packet Page Number 145 of 146 J2, Attachment 2 Council Packet Page Number 146 of 146