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2007 03-26 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 26, 2007 Council Chambers, City Hall Meeting No. 07 -06 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country Mayor's Address on Protocol: 'Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. if you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All commentslquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments.' D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES Minutes from the March 12, 2007 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS/PRESENTATIONS 1. Resolution of Appreciation — Joel Schurke 2. 2006 Community Design Review Board Annual Report — Linda Olson, Chair 3. Presentation — Highway 36 closure — Chuck Ahl, Director of Public Works H. PUBLIC HEARINGS 1. Brookview Area Street Improvements, City Project 07 -01 a. Public Hearing 7:00 p.m. b. Resolution ordering improvement after public hearing (4 votes) 2. Proposed Right of Way Ordinance — Second reading — Adoption of Right of Way Ordinance CONSENT AGENDA 1. Approval of Claims 2. Resolution for Washington County Bank as Designated Depository 3. Update U.S. Bank Treasury Management Service Agreement 4. Update U.S. Bank Depository Services Resolution for Governmental Entities 5. Updating Resolution Regarding Tort Liability Coverage Limits 6. Approval of Payment of Contract — Peter Frank — Youth Basketball League 7. Authorization to purchase new pick up truck for Code Enforcement 8. Donation to Landfall Cops'N Kids Fishing Clinic 9. Adoption Rush Line Joint Powers Agreement 10. Rainbow /Mapleridge Driveway Improvements, City Project 07 -03, Resolution receiving preliminary report and calling public hearing for April 23, 2007. 11. Approval of 2006 Annual Recycling Report 12. Desoto Skillman Area Streets, City Project 06 -16 i. Resolution Approving Final Plans and Specifications and Authorizing Advertisement for Bids ii. Resolution Authorizing Preparation of Assessment Roll 13. Purchase of Bituminous Materials 14. Authorization to Pay Invoice for K -9 Car Set Up All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. J. AWARD OF BIDS K. UNFINISHED BUSINESS Approve increase in pension benefit for Maplewood Fire Fighters Relief Association, Inc. L. NEW BUSINESS 1. Resolution of City Support for HUD Grant — NHHI, Inc. 2. Ramsey County Correctional Facility (297 Century Avenue South) a. Conditional Use Permit b. Design Approval 3. Gladstone Area Redevelopment, City Project 04 -21, Review of Alternative Area Urban Review (AUAR) Mitigation Plan Comments and Approval of Resolution Authorizing Distribution for the purpose of considering final adoption of AUAR 4. Gladstone Area Redevelopment, City Project 04 -21, Consider approval of grant request to Minnesota Pollution Control Agency for Investigation of Savanna Contamination N. ADMINISTRATIVE PRESENTATIONS Action by City Attorney to Abate a Public Nuisance at 1799 Edgerton Street Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some 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: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m. Monday, March 12, 2007 Council Chambers, City Hall Meeting No. 07-05 A. CALL TO ORDER Agenda Item El A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA The agenda was amended as follows: 110 L12 moved to 118 M1 Maple Hills M2 Emergency Training M3 City Manager Job Performance Review N1 Applewood Park-City Attorney Memo Councilmember Cave moved to approve the agenda as amended. Seconded by Councilmember Hjelle Ayes-all E. APPROVAL OF MINUTES 1. Minutes from the February 26, 2007 5 p.m. Council Manager Workshop Mayor Longrie moved to approve the minutes of the February 26, 2007 5 p.m. Council Manage Workshop as presented. Seconded by Councilmember Cave Ayes-all 2. Minutes from the February 26, 2007 6 p.m. Council Manager Workshop Councilmember Cave moved to approve the minutes of the February 26, 2007 6 p.m. Council Manager Workshop as presented. Seconded by Councilmember Hjelle Ayes-all March 12, 2007 City Council Meeting a 3. Minutes from the February 26, 2007 City Council Meeting Mayor Longrie moved to approve the February 26, 2007 meeting minutes as amended. Seconded by Councilmember Cave Ayes-all VISITOR PRESENTATIONS 1. Elizabeth Sletten, 804 Village Parkway, spoke regarding her data practice request. Citizen Services Manager Guilfoile explained that this request for information is being researched at this time and that there is some preliminary information that Ms. Sletten could review later this week. cil and staff members for their Maplewood Community Center. for viewing next Wednesday at 9 Ike regarding the lawsuit with the city. e was "speaking as attorney in fact for rding legal issues. 7. Bob Zick, 2231 Penn Place, requested a copy of a purported tape "portraying Mr. Zick calling Mr. Kantrud a liar." 8. Bruce Mogren of Mogren Development Company, 1801 Gervais Avenue, spoke requesting the Visitor Presentation section of the meeting be either moved to the end of the meeting or limit efforts towards the city's 50 birthday anniversary par Mr. Currie said that the party was recorded and is sch a.m., Noon, 4 p.m. and 6 p.m. on cable television. 5. Bill Kayser, 6408 81 st Avenue North, Brooklyn Park, s 6. Nancy Lazaryan, 10734 West Lake Road, Rice, said Evelyn Wallace, whose address is 2516 Linwood", re( 4. Richard Currie, 1937 Kenwood Drive West, thanked the 3. Robert Bollar, 1789 Sunrise Court, also spoke of his concerns at 1799 Edgerton Street. 2. Tom Owens, 575 Ripley Avenue, spoke on behalf of his neighborhood concerning problems with the property at 1799 Edgerton Street. Police Lt Rabbett spoke regarding past problems at this property. allowed for comments. G. APPOINTMENTS/PF 1 Resolution of A a. Planner Councilmember Hielle ESENTATIONS ichael Grover 11 presented the report. aDoroval of the follow RESOLUTION 07-03-016 JOINT RESOL UTION OF APPRECIA TION M U•IT • a X 1M WHEREAS, Michael Grover has been a member of the Maplewood Planning Commission since May 24, 2004, and has served faithfully in that capacity to the present time. and March 12, 2007 City Council Meeting 9 WHEREAS, the Planning Commission has appreciated his experience, insights and good judgment and WHEREAS, he has freely given of his time and energy, without compensation, for the betterment of the City of Maplewood, and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens, that Michael Grover is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed by the Maplewood City Council on March 12, 2007 Diana Longrie, Mayor Passed by the Maplewood Planning Commission on February 20, 2007 Lorraine Fischer, Chairperson Attest. Karen Guiifoile, City Clerk Seconded by Councilmember Cave Ayes -all 2. Introduction of Robert Mittet, Finance and Administration Manager a. City Manager Copeland introduced the newly hired Finance and Administration Manager Robert Mittet. H. PUBLIC HEARINGS 1. Proposed Right of Way Ordinance — First Reading a. Public Works Director Ahl presented background ordinance information. b. Environmental Manager Konewko presented the staff report. The council suggested that requirements for each ordinance permit be stated in the ordinance. No members of the public spoke regarding this proposed ordinance. Councilmember Hjelle moved adoption of the first reading of the Proposed Right of Way Ordinanc;P_ March 12, 2007 City Council Meeting 3 Seconded by Councilmember Cave Council directed staff to add the ordinance clarifications and alterations as discussed for consideration at the second reading of this proposed ordinance scheduled on March 26. City Council then voted as follows: 1. CONSENT AGENDA Ayes-all Councilmember Hjelle moved to approve consent agenda item 1, 4, 5, 6, 9, 11, 12, 13, 14, 15, 16, 17 and 18. Seconded by Councilmember Juenemann Ayes -all Councilmember Juenemann moved to approve consent agenda item 2, Seconded by Councilmember Hjelle Ayes -all Councilmember Juenemann moved to approve consent agenda item 3. Seconded by Councilmember Rossbach Ayes -all Councilmember Juenemann moved to approve consent agenda item 7, Councilmember Rossbach seconded Ayes -all Councilmember Juenemann moved to approve consent agenda item 8. Seconded by Councilmember Hjelle Ayes -all Mayor Longrie moved to approve consent agenda item 10. Seconded by Councilmember Juenemann Ayes -all 1. Approval of Claims ACCOUNTS PAABL $ 46,544.61 { $ 135,930 6 • • •/ • $ 335,801.82 :s 9 72123 thru 9 72167 02127107 bursements via debits to checking account dated 02116107 thru 02122107 Checks 9 72168 thru 9 72227 dated 03101107 thru 03106/07 Disbursements via debits to checking account dated 02/23/07 thru 03/01/07 $ 1,154,881.11 Total Accounts Payable March 12, 2007 City Council Meeting Ell PAYROLL Payroll Checks and Direct Deposits dated 484,138.74 02/23/07 Payroll Deduction check 9 1001428 thru 9 2,799.85 1001431 dated 02/23/07 $ 486,938.59 Total Payroll $ 1,641,819.70 GRAND TOTAL 2. Final Plat — Cottagewood (Ferndale Street, Approved the final plat for Cottagewood date-staml the county recording the deeds, deed restrictions a developer meeting all the conditions of the city eng h of Highwood Avenue) February 2007. This approval is subject to ;ovenants required by the city and the 3. Conditional Use Permit Review (for PUD) — Road C) Extended the conditional use permit for the planne( located at 1349 and 1359 County Road C and nevi( compliance with all conditions. Four-plexes (1349/1359 County lopment on the two properties one year to ensure continued 4. Car/Max/Mogren Addition, City Project 06-14, Approve Mogren Development Contract Approved the Development Contract with Bruce Mogren for the CarMax/Mogren Addition as approved on December 18, 2006 and authorized the Mayor and City Manager to execute the agreement signifying City Council approval. Authorized minor revisions as approved by the City Engineer and City Attorney as needed. 5. Maplewood — Oakdale Lions Club — Acknowledgement of Donation to Citizen Services Recreation Accepted the $800 donation from the Maplewood-Oakdale Lions Club and directed the necessary budget adjustments be made. §t6blishing Roadway as County Road D Court and Deleting Old County '• • .• Min• I app g Approved the following resolution establishing roadway as County Road D Court and deleting Old County Road D from the official mapping: March 12, 2007 City Council Meeting 5 RESOLUTION 07-03-017 ESTABLISHING ROADWAY AS COUNTY ROAD DCOURT AND DELETING OLD COUNTY ROAD D FROM OFFICIAL MAPPING WHEREAS, the City Council order the construction of County Road D between T881 and Southlawn in September 2003, and WHEREAS, the roadway name Old County Road D shall be deleted from official mapping and renamed County Road D Court, and WHEREAS, the roadway name change iS necessary t0 distinguish Old County Road [} from County Road [).and WHEREAS, no Maplewood residents are adversely impacted by said name change. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL {)FK8APLEVVOC)O. K8|NNES[]T/\. as follows: 1. That {)|d County Road [) shall be deleted from official mapping. 2. That said roadway shall Ue renamed County Road OCourt. 3. The City EOgiD98[ is hereby directed to submit 8 certified Copy of this [8S0|utiOO to the Ramsey County surveyor for initiation [f said name change. Approved this 12 m day of March 2O0Y. 7. Approval Of Spring Clean-up Event Schedule for April 28 Approved the Spring Clean-Up Event scheduled for April 288t Aldrich Arena from 7Grnb]1 pm. 8. 2U07 City Hall Campus Plan Implementation Accepted staff information 0n the 2OU7 City Hall Campus Plan Implementation. A. K80gr8n Street Improvements, Beam to County Road [). City Project 06-17, R8Go|ULiVn Approving N0 Parking Along Beam Avenue Approved the following resolution adopting No Parking restrictions on Beam Avenue between Highway 61 and Hazelwood Street: RESOLUTION 07-03-018 BEAM AVENUE -N{]PARKING RESTRICTIONS WHEREAS, the City Council approved the preparation of plans and specifications for the construction of the N1Ogn}n Street Improvements, City Project 08-17in[]8c9mbRr2OOS WHEREAS, the city will be expending Municipal State Aid funds on the improvement of Beam /\venU8;8nd VVHERE/\S, segments of said improvement do not D0nfo[n1 to the approved State Aid standard for unrestricted parking; and March 12, 2007 City Council Meeting 6 WHEREAS, release OfK8S/\ funds is dependent OD specified parking restrictions. NOW, THEREFORE, |T|S HEREBY RESOLVED that the City of Maplewood shall ban the parking Of motor vehicles 0n both the north and the south sides Of Beam Avenue from 80U feet west of Highway 61 to Hazelwood Street. Dated 8t Maplewood, K8iDn9SOtGUliS1 10. Approval of 2007 Fuel Purchases Approved all 2OU7 fuel purchases 81 the State Contract pricing rates; approved all 2087 purchases at this time so that each individual purchase will not be required to be brought before the Council authorizing the Fleet Superintendent tO make these 2UO7 fuel purchases. 11. Approve Vehicle Replacement Purchases — Public Works Approved State Contract 43097S with Thane Hawkins Polar Chevrolet for the purchase of two (2) 2007 one-ton truck chassis for $57,20O.3O and State Contract 437073 with Aspen Equipment for the purchase Of two (2) truck bodies for $25.8O7.03. 12. Public Works BU||U|n0 |nnppnvennentS. City Project 03-]9. Approve Contract Revision for Reduction in R8t8in8Qe Approved the CODt[8Ct [SviSi0O with J Construction, Inc. for the Public Works Building Expansion in the amount of $2 and authorized the Public Works Director t0 reduce the project retainage to $10,000. 13. CarMax/Mogren Addition, City Project 06-14, Approve CarMax Development Contract Approved th Development OgpRD Addition GSapproved on December and City Manager k} execute the agreement signifying City revisions as approved bv the City Engineer and City Attorney were authorized as needed. Road D, City Project 06-17, Resolution ans and Authorizing Receiving Bids pted the following resolution approving the project plans and specifications for the Mouren et Improvements, City Project 06-17, and authorized the receipt of bids with a bid date of RESOLUTION 07-03-019 NG PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed bv the city council On December 18.2000. plans and specifications for K8OgnRD Street Improvements, City Project 00-17. have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications t0 the council for approval, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL C)F THE CITY OF MAPLEVVO[)O.K8|NNEGOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. March 12, 2007 City Council Meeting 7 2. The city clerk shall prepare and cause b]b8 inserted inthe official paper and inthe Construction Bulletin 8n advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall bepublished twice, at least ten days before the date set for bid Opening, shall specify the work tV be done, shall state that bids will be publicly opened and considered by the council at 10:00 8.[n.On the 13th day 0f April, 2O07ot the city hall and that n0 bids shall b8considered Vn|8Gs sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City o[ Maplewood, Minnesota for five percent 0f the amount Cf such bid. regula 3. The city clerk and city engineer are hereby authorized and instructed to receive, open and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the city council meeting of April 23, 2007. 15. Temporary Gambling Permit Resolution — Approved the following resolution for tempora 07-W n of the Blessed Virgin K8en/ BE[T HEREBY RESOLVED, bvthe City Cour temporary premises permit for lawful gambling i88p � the Blessed Virgin Mary (BVM), 1725 Kennard Street, FURTHERMO of application for said permit as governed by Min FURTHER that the Maplewood Gi Division of the Minnesota Department of Gaming compliance with Minnesota Statute §349.213. NOW, TF Maplewood, Min Of Approved the expeni $15,865 to purchase grant funds must be 17. Roseville Sct Approved the followi plewooU, Minn8sot8, that the the Church of the Presentation of cil waives any object to the Unn8|in8ss 3totute P4349.313. ~ Council requests that the Gambling CODtn} approve said permit application as being in resolved that this Resolution by the City Council of he Gambling Control Division for their approval. Protec Grant Money :)f $28,679 towards the purchase of upgraded 80O MHz radios and radio systems compat Vn the OOU MHz radio system. Th8 ded by March 31, 2007. ct 623 |utkon: RESOLUTION 07-03-021 Maplewood City Council Resolves that: WHEREAS, citizens of the City of Map res in School District 623 do not have access to live broadcast of the 623 School Board meetings, and WHEREAS, there is substantial interest in the public policies established by the 623 School Board GS relates t0educational S8n/iQ8S offered to children and the community. March 12, 2007 City Council Meeting 8 NOW, THERFOREBE|T RESOLVED, that the City nf Maplewood City Council requests copies of all DVDs of 623 School Board meetings be forwarded to the Maplewood City Manager for the broadcast on City's Cable TV Channel 1G. J. IN Adopted on March 12, 2007 in regular session 18. Access to Finance Safe Deposit Boxes sd Premier Bank Approved the following resolution authorizing access tn the safe deposit boxes: RESOLUTION 07-03-022 FOR SAFE DEPOSIT BOXES Be it resolved, by the City Council of the City CfMaplewood, that until written notice to the contrary is given by this Corporation to the Safe Deposit Department of the Premier Bank access to Safe Deposit Boxes (herein called safes) standing in the name of the corporation in the vaults of above bank shall be had by the following: Greg Copeland, City Manager Rob8rtK8itt8L, Finance and Administrative Manager Koren GUi|k}i|e, City Clerk O8U SChnnidt, Administrative Assistant Any one (1) of whom shall have full authority to enter said safes and to make deposits therein or n8nlov8 any part of all of the contents thereof, to en8tUie |88G8G thereof in the name of this Corporation, to amend or cancel said leases, to exchange or surrender the safes, and in all Other respects to represent this Corporation. STATE {]FMINNESOTA) COUNTY {]FRAK8SEY\ CITY OFMAPLEVVOOO\ 1, the undersigned, being the duly qualified and appointed Clerk of the City of K88p|evvVoU, K8inn8sot8, d0 hereby certify that | have carefully compared the attached and foregoing extract of minutes of regular meeting of the City of Maplewood, held OO March 12,2007 with the original On file inQDy office, and the same is@ full, true and uonnu|8t8 transcript therefrom insofar 8Sthe S8rn8 relates to access to City S8f8 deposit boxes sd Premier Bank. AWARD OF BIDS None UNFINISHED BUSINESS 1. Comprehensive Plan Amendment — Gladstone Redevelopment Man (English Street and Frost Avenue Area) (4 Votes) 8. Fq8nmerFinvvaU presented the report. b. Planning Commissioner Gary Pearson, 12O9 Antelope Way, spoke regarding the proposed changes to the amendment. C. David BartV|.1240 Frisbee Avenue, spoke in favor Vf the proposed changes. March 12, 2007 City Council Meeting d. Sharon K8nnb8hz'LVnnohr8y, 1817 C|8n8nCH Street, thanked the council, city staff and David Bartol for their efforts with this project. 9. Joseph Born, 1830 English Street, thanked the council for past changes with this proposed project. Kim Schmidt, 1800 Phalen Place, thanked David Bartol for his efforts. Q. Allen Olson, 1221 Frost Avenue, asked the council to consider the north side Of Frost as 8 priority for development. h. Edward Lundblad,1824 English Street, spoke about the Vento Trail right-of-way. i. Albert Galbraith, 1770 Edward Street, spoke regarding densities. j [). J. LVnnphney 1817 Clarence Street, spoke regarding the density in the area west Of Clarence Street and the V9DtOTrail. CoVnCi|rnennb8rWje||e moved to approve the Comprehensive Land Use Plan Amendment map change for the Gladstone Redevelopment Plan as shown on Attachments 4, 5, 6, and 7. Councilmember Rossbach clarified the three areas of Attachment 9 of the staff report changing Gladstone High to Single Dwelling (which is north of Summer Avenue, west of Clarence Street and east of Vento Trail); Gladstone Medium to Single Dwelling (which is south of Summer Avenue, west of Clarence Street and east of Vento Trail); Gladstone Mixed use to Gladstone Medium (which is east of English Street, south of Summer Avenue, and west of Vento Trail); and the one area of Attachment 4 of the staff report Gladstone Medium to Single Dwelling south of Gloster Park and north of Ripley Avenue. OF MAPLEWOOD , LUTION 07-03-023 WHEREAS, the applicant, the City of Maplewood, has prepared a master plan for the Gladstone Neighborhood (Gladstone Neighborhood Redevelopment Plan dated March 2007) which neighborhood is generally described as the properties located east of TH 61 and the north and south sides of Frost Avenue and more accurately depicted in Exhibit A as attached; and, WHEREAS, the master plan describes a desired land use pattern for the project area that consists of single dwelling residential, double dwelling residential, medium density multiple dwelling, high density multiple dwelling, mixed use, open space/park, public/semi-public and regional trails; and, WHEREAS, the master plan outlines @ series Of projects and actions that will move the G|8dSL0me Neighborhood into the future with consistency in 8 vision that is commonly held by the Maplewood community and neighborhood; and, WHEREAS, the master plan defines approaches to implementation that include a comprehensive plan amendment and map change and potential amendments to regulatory tools; GOO. March 12, 2007 City Council Meeting 10 WHEREAS, the Maplewood City Council approved the Gladstone Neighborhood Redevelopment Plan on December 18, 2006, with revisions to the plan on March 12, 2007. WHEREAS, the history of this change is as follows: On February 0, 2005, the planning COnlnnissk)n held a public hearing. City staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property Vvvn8rG. The planning c0nnnnisGi0n conducted the public hearing whereby all public present were given 8 chance k} speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use plan amendment and map change. 2. On March 12 the city council discussed the |8 considered reports and recommendations from the p WHEREAS, the city council approve the o amendment and map change for the following ree Ian changes. They momnniSSion and city staff. bed comprehensive land use plan 1 The land use plan change is based on eight specific Maplewood comprehensive plan land use and housing goals as follows: a. Provide for orderly development. b. Protect and strengthen neighborhoods. C. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. d. Minimize the land planned for streets. e. Minimize conflicts between land uses. f. Provide a wide variety of housing types. 9. Provide safe and attractive neighborhoods and commercial areas. h. Plan multi-family housing with an average density of at least 10 units per acre. 2. The land use plan change is based on four specific Maplewood comprehensive plan land use policies as follows: a. Include a variety of housing types for all types of residents. b. Disperse moderate-income developments throughout the city near bus lines. C. Support innovative subdivision and housing design. d. Protect neighborhoods from activities that produce excessive noise, dirt, odors or which qenerate heavv traffic. THEREFORE BE|T RESOLVED, bv the City Council Ofthe City ofMaplewood, Minnesota, as follows: The City of Maplewood adopts the entire Gladstone Neighborhood Redevelopment Plan attached as Exhibit B as adopted on December 18, 2006. and amended on March 12, 20O7.tO the city's comprehensive plan. Within the Gladstone Neighborhood Redevelopment Plan the following land use designations will describe the Gladstone neighborhood and the allowable densities within those designations and will be adopted as part of the comprehensive plan: Gladstone Medium (G-K8) -7k}12 unites per acre Gladstone High /[3-H\-12bJ3O units per acre Gladstone Mixed-Use (GMU) - 20 to 30 units per acre March 12, 2007 City Council Meeting 11 The Maplewood City Council adopted this rRSO|Uti0n on k8@rCh 12. 2007. Seconded bvCoUn[i|mernb8rRossb8Ch U CounCi|nl8nnb8rRogSbaCh moved to amend the master D|8nkJ reflect the additional Dar8anBr)hOn Attachment 8 of the staff report to be added onto a blank page found behind the Table of Contents and Promect Abstract Chapter. The printing of the master plan would be changed to reflect that the first Paragraph of Abstract Chapter be printed as bold print. The master plan would also be changed to reflect the four pieces of propertV that were discussed in the previous motion of the comprehensive land use plan adoption, and leave unchanged the existing verbiage in the existing master plan for the other parcels. Seconded bvCOUDC|DleD1b8[Cave Mayor Longrie clarified that the parcel densities changed in the comprehensive plan amendment in the previous motion would be changed for those parcels in the master plan. Councilmember Juenemann clarified that this motion also reflects the changes north of Frost Avenue GS stated in the staff report. The Council voted: Ave3-8|| David BartV| again addressed the council thanking them. At 9:30 p.m. a ten-minute break was taken. L. NEW BUSINESS 1. On-Sale Intoxicating Liquor License — Brian Harney, New Owner and Manager, The Chalet, 1820N. Rine Street. 8. Citizen Services Manager Gui|foi|e presented the report. b. The applicant, Brian Harney, 7718 Upton Avenue North, Brooklyn Park, addressed the city council. CouDd|rnennberC8ve moved to approve the liquor license application. Seconded bvCoVnci|rnennb8rRVsSbaCh Ayes-all 2. On-Sale Intoxicating Liquor License — Robert Michael Jacob, New Owner and Manager, Jake's City Grille, 1745 Beam Avenue 8. Citizen Services Manager Gui|foi|e presented the report. b. The applicants, Robert J8COb, 280 Lith[8nl L@D8 K8SdiD8 and Tony JGCOb, 1740 1 9th Street Northwest, New Brighton, addressed the city council. Counoi|rnennberC8ve moved to approve the liquor license application. Seconded by Councilmember Hjelle Ayes-all March 12, 2007 City Council Meeting 12 3. Wine and Strong Beer Intoxicating Liquor License — Brad Behnke, The Ponds stBattle Creek Golf Course, 601 Century Avenue South 8. Citizen Services Manager GuiUoile presented the report. b. The applicant, Bradley Behnke, 19018 Birchwood Lane, Elk Riv8r, addressed the city council. CoUnci|membHrC8ve moved to approve the liquor license application. Seconded bvCoVn[j|nlennb8rRVsSbaCh Ayes-all 4. Off-Sale Intoxicating Liquor License —KhUel[hiD@Dg, New Owner and Manager, Big B8G[ Liquor, LLC White Bear Avenue 8. Citizen Services Manager Guilfoile presented -. The applicant, ' Kh_- Th' __ng and her son, both of 4010 Major Avenue, Robbinsdale, addressed the city council. Cave moved to approve the intoxicating liquor license as requested. 5. Request hJ Hire COnSub8 8. Senior P|8nnerEkStna COUnd|080b8rC contract with the f! work outlined in th at the neighborho Seconded by Cou 6. Brookview Study and aplewood Moratorium Study Area (South of Carver TA Ayes-all Improvements, City Project O7-01.Resolution Accepting Feasibility blic Hearing 8. Public Works b8rHje||8 IRMOMN AN presented the report. WHEREAS, pursuant to resolution [f the council adopted January 22nd.2U07.Greport has been prepared by the city engineering division with reference to the improvement of BrOOkvievv Area Street Improvements, City Project O7-01 council on March 12,2OO7,and WHEREAS, the report provides information regarding whether the proposed project is necessary, coGL+efhetLiv8, and feasible, March 12, 2007 City Council Meeting 13 NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL [)FM&PLEVVO[)O 1. The council will consider the street improvement of Brookview Area Streets in accordance with the report and the assessment of abutting property for all nra portion Vf the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the innpn}venn8nL of $3,188.548. 2. A public hearing shall be held on such proposed improvement on the 26 th day of March, 2OO7in the council chambers Vf city hall at 700 the clerk shall give Qn8i|8d and published notice of such hearing and improvement GS [GqUinad by |@vv. Approved this 12 th day of March 2007 Seconded by Councilmember Juenemann 7. Interstate 94 Corridor Alliance Approve Support for State Funding a. Public Works Director Ahl presented the report. Councilmember Juenemann moved to adopt the following resolution supoorting funding for studv of TransDortation Needs for the Interstate 94 Corridor and direct that the Citv ManaaE Commissioner Victoria Reinhardt. and Rer)resentative Leon Lillie: WHEREAS, the Interstate 94 (1-94) Corridor is the phn{iD8| east/west route for traffic thnJ Ramsey Washington, connecting St. Paul LO the eastern metropolitan area, and; the 1-94 Corridor is experiencing robust employment and population growth, WHEREAS, the 1-94 Corridor is experiencing increasing levels Of congestion, reducing mobility in the corridor, and; WHEREAS, there are no planned highway improvements to the |-S4 Corridor inthe Metropolitan Council's 2030 Transportation Policy Plan, and; WHEREAS, of Transportation has identified |-948S8high priority Interregional Corridor and k9 supportive Of planning for mobility improvements in the Corridor, and; WHEREAS, the City of Maplewood recognizes the need to plan for mobility improvements in the |-94 Corridor, and; WHEREAS, this planning should take GnnubimOdG|. highways GOdtronSh,@pp[OGnhtO maintaining Corridor mobility, and; March 12, 2007 City Council Meeting 14 WHEREAS, maintaining mobility is necessary for the continued prosperity and economic vitality of residents, businesses, and connrnUt8rS throughout the Eastern K8Etn}po|iL8n 8r8a, and; WHEREAS, the first step in planning for a multi-modal 1-94 Corridor is to complete a Transportation Feasibility Analysis which includes analyzing highway and transit improvements. NOW THEREFORE BE IT RESOLVED, that the City of Maplewood hereby supports the multi-modal evaluation of the |'84 Corridor and 8 request Cf $1 million in State funds for the completion of the 1-94 Transportation Feasibility Analysis. Seconded bv[oVnci|nemb8rHjelle | 0. Pond [h/8rk/Ok Fbb|iC Improvements (2161 County Road D), City Project 07-08, Resolution Ordering Preparation 0f Feasibility Study 8. Public Works 0ineCtorAh| presented the report. COUnCi|nlenlb8[JueD9nn8DD moved to approve the following resolution ordering the preparation of the feasibility study for the proposed Pond Overlook Public Improvements (2161 County Road D), City Proiect 07-08: RESOLUTION 07-03-026 ORDERING PREPARATION {)FA FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Pond Overlook Public Improvements (2181 County Road O). City Project 07-08, and b} assess the benefited property for all 0r8 portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NC>VV THEREFORE, BE IT RESOLVE[) BY THE CITY COUNCIL OF 7NAPLEVVC)C>0, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient Speed advising the oOund| in a preliminary vx8y as LO whether the pn]p0S8U improvement is necessary, cost effective and feasible and as to whether it should best be made GS pn3pOSRd Or in connection with some other improvement, and the estimated CQat of the i[npn]v9[n9Dt as naCOOl[n8DdSd. Seconded by CounCi]member Hje||e AveS-o|| 0. County Road [) East |nnprVv8nn8nts. TH 01 to 8oUth|avvn Drive, City Project 02-07, Fl8s0|UtiOn Approving Modification of Existing COOStnJCtiOD COntr8nt, Change Orders 32- 39 8. Public Works Director Ah| presented the report. COUnCi|nl8nlb8r ROsSb@Ch moved to approve the following resolution directinci the modification of the existing construction contract, Change Order Nos. 32 through 39, for the County Road D East Improvements (T.H. 61 to Southlawn), City Proiect 02-07. March 12, 2007 City Council Meeting 15 RESOLUTION 07-03-027 DIRECTING K4(}[)|F|C/\T|{)N OF EXISTING CONSTRUCTION CONTRACT PROJECT 02-07, CHANGE ORDER NOS. 32 through 38 WHEREAS, the City Council of Maplewood, Minneso has heretofore ordered made Improvement Project O2-O7. County Road 0 East |[np[OvSmSDtS([H 01 tOSOuth|ovvn). and has |8L 8 construction contract pursuant to W1innRS0t8 StGtUtes, Chapter 429, and VVQERE/\G the City Engineer has reported that itis now necessary and expedient th8t said contract be modified and designated as Improvement Project 02-07, Change Order Nos. 32 through 39, as an increase to said contract by an amount of $126,342.43, such that the new contract amount is now and hereby established as $3,047,300.57. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 32 through 39 as a contract increase in the amount of $126,342.43. The revised contract amount is $3,047,300.57. Seconded by Councilmember Juenemann 10. County Road [)Re8|i nnn O2-08. Resolution for Mod Nos. 29-40 (T.A. Schifsky a. Public Works Director Councilmember st) Improvements (TH 61 to Walter Street) City Project of the Existing Construction Contract, Change Order -5 (PaIda Contract, 10-11 (imperial Contract) W RESOLUTION 07-03-028 FICATION OF EXISTING CONSTRUCTION CONTRACT QECT C2-U8. CHANGE ORDER Nos. 2040 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02-08, Change Order Nos. 29- 40, (T.A. Schifsky Contract), as an increase to said contract by an amount of $78,831.52, such that the new contract amount is now and hereby established as $1,077,986.90. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFMAPLEVVO[)O MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 20-4Oas8 contract increase in the amount of $78,831.52. The revised contract amount iS$1 March 12, 2007 City Council Meeting 16 RESOLUTION 07 -03 -029 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER Nos. 4 -5 (imperial Developers Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order Nos. 4 -5, (Imperial Developers Contract), as a reduction to said contract by an amount of $39,558.09, such that the new contract amount is now and hereby established as $388,729.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 4 -5 as a contract increase in the amount of $39,588.09. The revised contract amount is $388,729.25. DIRECTING MODIFICA PROJEC`' WHEREAS, the City Council Improvement Project 02 -03, County Street), and has let a construction ct WHEREAS, the City E said contract be modified and 11, (Palda and Sons Contract that the new contract amount' TRUCTION CONTRACT Nos. 10 -11 Minnesota has heretofore ordered made ment (West) Improvements (TH 61 to Walter to Minnesota Statutes, Chapter 429, and r has reported that it is now necessary and expedient that aced as Improvement Project 02 -08, Change Order Nos. 10- i increase to said contract by an amount of $3,682.32, such and hereby established as $757,430.52. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, NNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City Maplewood to signify and show that the existing contract is hereby modified through said range Order Nos. 10 -11 as a contract increase in the amount of $3,682.32. The revised ntract amount is $757,430.52. conded by Councilmember Juenemann Ayes -all 11. Kenwood Area Street Improvements, City Project 05 -16, Resolution Approving Modification of Existing Construction Contract, Change Order No. 12 a. Public Works Director AN presented the report. Councilmember Juenemann moved to approve the following resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements, City Proiect 05 -16, Change Order 12: March 12, 2007 City Council Meeting 17 RESOLUTION 07 -03 -031 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05 -16, CHANGE ORDER NO. 12 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05 -16, Kenwood Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 05 -16, Change Order No. 12. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 12 in the amount of $617,849.84. The revised contract amount is $5,233,543.63 Seconded by Councilmember Hjelle Ayes -all Agenda Item L12 was moved to Item 118. 13. Planning Commission Rules of Procedure a. Senior Planner Ekstrand presented the report. b. City Attorney Kantrud recommended that the council make modifications to these rules and review again at the first reading of the ordinance. Councilmember Hjelle moved to direct city staff and the planning commission to make the recommended changes to the Division 4. Planning Commission ordinance that reflect the housekeeping changes needed as suggested by what has been reflected in the planning commission policy booklet and to bring these items back to the city council for review during the first reading of this ordinance. Seconded by Councilmember Cave Ayes -all The City Council discussed possible changes to the process of appointing commissioners and developing procedures to be followed as part of this process. It was agreed that each council member bring suggestions for appointment procedures to the next meeting. Planning Commissioner Gary Pearson addressed the City Council with suggestions for appointment procedures. Councilmember Hjelle moved to extend the city council meeting until all agenda items are completed. Seconded by Mayor Longrie Ayes -all Maple Hills Councilmember Cave reported that on the past Saturday the residents from Maplewood Townhomes came to city hall for a meeting with staff and some city council members. March 12, 2007 City Council Meeting 18 2. Emergency Training K8@yOrLon0he reported on8n emergency management training session she attended in Emmetsburg, Virginia. 3. City Manger Job Performance Review CoUmci|membHr|U8||e suggested the City Manager performance review bH scheduled aS8 council/manager workshop before the city council meeting on May 14 and that the City Council create the format to follow for this review during Council Conversation on April 19. Applewood Park Memo City Attorney Kantrud handed out copies of a memo and other paperwork on the history and purchase of the Applewood park/preserve land for their review. Mayor Longrie commented regarding the $500,000 paid at the closing of the property in May 1995 with James Kayser and Evelyn Wallace being the distributees at that closing. 0. ADJOURNMENT Mayor Longrie adjourned the am March 12, 2007 City Council Meeting ig Agenda Item G1 MEMORANDUM TO: Greg Copeland, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Resolution of Appreciation for Joel Schurke DATE: March 16, 2007 for the March 26 City Council Meeting Attached is a resolution of appreciation for Joel Schurke. Mr. Schurke served as a member of the community design review board (CDRB) for one year (February 13, 2006 to February 13, 2007). COMMITTEE ACTIONS The CDRB unanimously recommended approval of the resolution of appreciation for Mr. Schurke at their March 13, 2007, meeting. RECOMMENDATION Adopt the attached resolution of appreciation for Joel Schurke. Attachment: Resolution of Appreciation RESOL UTION OF APPRECIATION WHEREAS, Joel Schurke has been a member of the Maplewood Community Design Review Board for one year, since February 13, 2006, until February 13, 2007, and has served faithfully in that capacity, and WHEREAS, the Community Design Review Board has appreciated his experience, insights and good judgment; and WHEREAS, Mr. Schurke has freely given of `his time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Mr. Schurke has shown dedication to his duties and has consistently contributed his leadership and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOL VED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Joel Schurke is hereby extended our gratitude and appreciation for his dedicated service. Passed by the Maplewood City Council on March 26, 2007 Diana Longrie, Mayor Passed by the Maplewood Community Design Review Board on March 13, 2007 Linda Olson, Chairperson Attest: Karen Guilfoile, City Clerk TO: Greg Copeland, City Manager FROM: Linda Olson, CVnnnnVnitv Design Fl8vievv Board Chair SUBJECT: 2006 Community Design Review Board Annual Report DATE: March 13 for the March 28 City Council Meeting Agenda Item G2 Annually the community design PSvievvb0@nd(C[}F<B) rSp0dSth8boGnd the city council for the previous year. |n2000, the CORB reviewed the following 33 items during their 17meetings: Type of Proposal New Development Proposals 1. Ramsey County Public Library —8OULhlawn Drive, South of Legacy Parkway (Legacy 12 2. Comforts of Home Assisted Living Facility —23002310Hazelwood Street 3. Carver Crossing of Maplewood - Henry Lane and Carver Avenue in South Maplewood 4. Legacy Village TOvxnhOrneS- County Road [} and Kennard Street (Legacy Village) b. Carpet Court -1885 Arcade Street G. MinnHealth Clinic — Vacant Lot Located to the North of 2055 White Bear Avenue (Across the Street from the K88p|RvvOOd COnnnnUniLy Center) 7. Regent of Legacy Village - Senior Apartments (Legacy Village) 8. Cottagewood TOxvnHOVG9Dev8|0pnnenL—SOULhOfHi0hvvOOdAvenVe.E8sdofOenniS Street, West of 1-494 9. Legacy Village Town Homes — Southwest Corner of County Road D and Kennard Street (Legacy Village) 10. Walgreens (Crown Plaza Shopping Center) - 1700 Rice Street 11. Walgreens — Northeast Corner of Beam and White Bear Avenues 12. C8rK4Em Auto Superstore —Northeast Corner Of Highway 61 and Beam Avenues 1. Savers (Birch Run Station) —1741 Beam Avenue 7 2. Menards (Garden Center Addition and Parking Lot Reconfig u ration) — 2280 Maplewood Drive Type ofProposal #Reviemed Expansions/Remodels (continued) y 3. Second Harvest Heartland (Freezer Addition) -114OGenxaiaAvenue 4. 5-8 Tavern and Grill (Parking Lot Expansion) -228SyWinneh8ha Avenue 5. Hill-Murray School (Field House Addition) —2825Lorpenteur Avenue East 8. Maple Ridge Retail Center (Exterior Remodel) -2515White Bear Avenue Y. Hi|lcr8Gt Gateway Plaza (Addition and Exterior Remodel) —18S8 White Bear Avenue (Hillcrest Village Redevelopment Area) Miscellaneous Reviews and Actions 12 1 Gladstone Redevelopment Concept Plan (Joint Presentation for the Community Design Review Board and Housing and Redevelopment Authority) 2. Gladstone Redevelopment Concept Plan — Recommendation tothe City Council 3. Carpet Court Concept Review - 1685 Arcade Street 4. Town Center (Comprehensive Sign Plan Amendment for Best Buy) —1795 County Road D 5. Maplewood Market Place (Comprehensive Sign Plan Amendment) —1275 County Road O 0. Sign {|Vd8 Interpretation — Electronic Reader Boards 7. Maple Leaf Ridge Business Center (Comprehensive Sign Plan) —2475/2485/2495 Maplewood Drive 8. Ramsey County Library (Comprehensive Sign Plan) — Southwest Corner OfLegacy Parkway and 8OUth|avvn Road (Legacy Village) 9. Comforts Of Home (Comprehensive Sign Plan) —230O/2310 Hazelwood Street 10. Mounds Park Academy (Comprehensive Sign Fqon) -2051 L8rpenbaUrAvenue 11. Maplewood K48U (Comprehensive Sign Plan Amendment) — 3001 White Bear Avenue 12. Boca Chica Taco House (Sign Variance Request) —1706 White Bear Avenue /HiUcrest Village Redevelopment Area) 2. Discussions about Gladstone Neighborhood Redevelopment Area Total 33 2 Year i 'low oll MEMBERSHIP Number of Items Reviewed 27 25 25 27 33 The CDRBConsists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved bv the city council. The current membership is as follows: Board Member Membership Began Term Expires /\nanth Sh8nkar 8/8/84 1/1/08 yWattL9Uvin8 3/10/97 1/1/08 Linda Olson 3/28/01 1/1/09 Matt Wise 2/12/07 1/1/08 JOhnO8rnko 2/20/07 1/1/09 John Hinzm8n and Joel 8ChVrk8 resigned fn]mtheCORBVn November 22 and February 13 Their two-year terms expire on January 1,2OU8, and January 1 2009. respectively. On F8brU8n/ 12 and 28. 2007, the city COUnCi| appointed Matt Wise and John Dennko03 replace Messrs. FfinznnGn and SchVrk8. The city council also reappointed K88tth9vv Ledvin8 and Linda Olson LO the COFlB with terms expiring January 1 DISCUSSION 2006 Actions/Activities In 2006, the CDRB reviewed six new commercial developments which could potentially add up to 132,23O square feet Vf new commercial space k} the city if developed; seven commercial expansion/remodels which could potentially add up to 56,635 square feet of new commercial expansion space k) the city ifdeveloped; and six new multi-family developments which could add VpLo585 new residential units to the city ifdeveloped. The [|[}RB has consistently demonstrated keen interest and skill in their reviews of these development projects t0 ensure they are of the quality of design and materials that complement the surrounding areas and improves 8site's aesthetics. The city has become more developed over the years, with very little vacant land available for new developments. Because of this, city staff has processed many of the city's remodels and additions as 15-day reviews, as 8||0vved by COde, rather than the more formal review by the CIJF<B. A|3O because of the developed nature of the city, many of the new cOnlnnen}ia| and residential developments reviewed by the C[)F<B are either rBdSvS|OpOlBDt of existing buildings or in-fill development. The CDRB will continue to be a vital advisory board to the city council in the future, particularly with more redevelopment and in-h|| development projects On the horizon. 3 K88p|evvVOd's current sign code was adopted in 1977 with minor revisions made in 1990. The sign code is outdated and allows for excessive signage within the commercial and industrial zoning districts. The C[)FlB recommended in their 2002,2003 and 20O4 and 2O05 annual reports that the city's sign code be reviewed for potential modifications and updates. During 2004 and 2005 the CDRB undertook the difficult task of debating and creating a draft si code. C)D March 1,200S the C[}F<B recommended approval Of the draft sign code. C}D May 8 2006, city staff presented highlights of the proposed draft sign code to the city council during a city council workshop. Due k} the city council's time constraints in dealing with the 2OOY budget and other more immediate issues, further review of the draft sign code by the city council was put on Since last year 8 number of cities around the country have had their sign codes challenged by billboard companies. The billboard companies have argued that these cities' ordinances suffer from a fatal First Amendment flaw by impermissibly discriminating based on the content of the sign or who is using it. Based on this, the C[}RB will review the March 1 2008. draft Sign code to ensure iLis consistent with the First Amendment and will forward the draft sign code iV the city council for review and approval. 2006 Recommendat ofInterest The CDRBiSlooking forward to the city council's review of the draft si code for implementation in2O07. 2. The C0RB will work with staff DD recommended site and desi Chb3h8forthmcitvs proposed Gladstone neighborhood redevelopment area. 3. The CDRB is interested in gaining o better understanding of sustainable building design concepts. The board hopes b] support the implementation of these concepts for projects that are reviewed and approved by the city, particularly projects within the Gladstone neighborhood redevelopment area. 4. The CDRB is interested in gaining o better understanding and working knowledge of the use of pervious surfaces in development - how they function, how they age, and how they relate to the city's codes. 5. The C[}RBis interested in exploring specific desi Gt8ndardSfOrn8vv0ornnnRnCi8|and multi developments. 0. The CDRB is interested in rev and updating the city landscape requirements for commercial and multi developments. 7. The CDRB is interested in rev and updating the city on-site parking requirements. CONCLUSION In 2007, the CDRB will cont its dedicat to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. ity design review mmrd�annua|report (2006) 4 Agenda Item H1 TO: Greg Copeland, City Manager FROM: Ch@rl8SAhi Pubic Works Di Engineer Michael Thompson, Civil Engineer I SUBJECT: Brookview Area Street Improvements, City Project 07-01 a' Public Hearing 7:00 prn b' Resolution Ordering Improvement after Public Hearing (4 votes) DATE: March 14,2007 INTRODUCTION The public hearing for this project has been Soh8dU|Rd for 7:00 p.m., K8ond8y. K88[Ch 28, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided t0 council 8tthe March 12"', 2007 city council meeting. The study includes information 0nthe proposed innpn}v9nl9nL proposed financing and probable assessments. The city council will consider ordering the improvement following the public hearing. Background u The city council ordered the preparation of this feasibility study 8Lthe January 22 n. 2007 regular meeting. On yN8nCh 12 m . 2007 the city council accepted the feasibility report and ordered the public hearing. Street improvements for this neighborhood were listed on the city's capital innpn}wenn8nts project plan for 2008. but the City council is now considering the project for 2007. Th8 project inw]|v8S the cVnnp|8t9 [8cODStnJCti0D of approximately 1.8 miles Ofresidential streets and @ffRntS oppnJxinl@tS|y 131 properties. The majority of streets in the project area 8rH planned for complete reconstruction as these streets do not have concrete Curb and QUUBr or utility work is planned, requiring complete r8p|GCRrnRnL of the curb. There are two streets /BnOokvi8vv [}hve west ofSterling, & Br0Okvievv Court) with existing concrete curb that may only be partially neCVnstnJ[t8U depending on the required utility vvOrh and existing curb condition. The [8invvohSr garden pnJg[8nn and driveway r8p|@C8[n8nt pnOgrGnl will be utilized for this project. Storm Sevv9r i[npnJv8nl8DtS o|ODg with SGOib3ry SSvv8r repairs are proposed. Saint P8U| R8giODG| VV8t8[ Services dO8S not plan on replacing vv8L8rnn8|n, but does plan t0 replace SVbGi8nd8nj fire hydrants prior to street reconstruction. A neighborhood meeting was held on March 8 m , 2007 to discuss the proposed project with residents. Approximately 30-35 n8SidSDtS throughout the pnDp0SSd project area Gdmnd8d the meeting. Given the feedback from the neighborhood meeting and other telephone and e-mail inquiries that we have received since then, property 0vvn9rS are g8n8n8||y accepting of the proposed improvements L0 the neighborhood streets. The proposed project Sch9UU|e anticipates construction beginning 8searly aG July 2UO7 and completion of the project in October of 2007. Budget Impact The financing plan is outlined and calls for funding from eight sources: Assessments, G(] Debt Service, Municipal State Aid (MGA). Sanitary Sewer Fund, K4n/[l{}T B8nn cost-share, Environmental Utility Fund (EUF),VV/\C Fund, and Driveway Replacement Income. The funding breakdown iS noted below. Agenda Item H1 The total project budget as reported in the feasibility study is $3 The project budget detailed in the city's Capital Improvement Plan is $7 ' 380.000. Construction costs have significantly inCr88s8dsinC8 the {||Pcost estimate made in20U4was created. A noise berm along Hudson Place has also been added to the project SCOp8 which was not originally iOdud8d in the cost estimate. Following is @ comparison of expenses between the current proposal and the Capital Improvement Plan. The last C|P was completed in 2005. Financial Source Feasibility Recommendation Special /\S38S3nnentS $ 830.709 Sanitary Sewer Fund $ 118 Driveway Program $ 30.000 City VV/\CFund $ 87.400 8t. Paul Water $ O Environmental Utility Fund $ 400,000 Municipal State Aid Funds -internal $ 500.000 Municipal State Aid Bonds $ 290 Mn/DOT Berm cost-share $ 30.000 City — GO Improvement Bonds $ 902,375 TOTAL ESTIMATES $3 $ 83 000 $ 122 $ 0 $ 100,000 $ 47,200 $ 410,000 $ 0 $ O $ U $ 850,800 Funding Discussion One of the major differenCeSsinCethe2004estinnate for this project iathatBr0Okvi*vv0hvevv8s designated as 8 Gi8t8 aid street which 8||nvvs the {|iiv to use 0S8-tax receipts for 8 portion of the project cost. The $50O.00O allocation from internal K8SA Funds iS from projects vvhiChh@v8b89DuOdSrbudg8tiD the past few years and will b9 closed out iD early 20O7. The remaining $29O.U84 will b8 part 0fGlarge bond that the City will need b} consider in the summer of2O07 or early in20U8tV receive advanced K8SAS funds for the White Bear Avenue and Century Avenue projects. Funds are available 8a planned from the City's Sanitary Sewer and City VVACFund. The $40U.OU0 allocation from the Environmental Utility Fund iS not available. A bond issue will be necessary to provide for these construction-related expenses for this expenditure. The annual impact 0O the EUF Fund will b8$32 for @15-ye8[bond. This expense appears within the annual budgeted funds for this enterprise and may not require an increase in rates. There are other expenses proposed for ELIF funding in 2007 that will likely require bonding as well. An analysis of this bonding impact on the EUF rates will be presented as part of the budget. |tiSanticipated that a slight increase /1-296\in the EUF rates, above the inflation adjustment will b8 necessary tO meet the expanded costs for infrastructure replacement. The $902.375 for GO Improvement Bonds will require the issuance 0f8 general obligation bond |nthe summer Cf2007. Attached iS the debt analysis from the Capital Improvement Plan in2UO5. This debt analysis was updated in 2006, but was not published when the CIP was not presented for Council adoption. The $9O2,3y5 expenditure will require 8n annual debt service payment Vfapproximately $71 The debt service fund appears to have adequate resources b} accommodate 8one-year acceleration Of this amount. The original debt service allocation and the current estimate are similar, so the impact iG8 single year L0 accelerate the project. |L must b8 noted that in2OO5 the City financial management strategy was to annually increase the levy dedicated toward the debt service fund by $194,000 annually from 2005 to 2010 to increase the allocation toward public infrastructure replacement. The Debt Capacity Analysis shows that the City debt peaked in2OO4 and ig projected ton]nn8inr8|aUv8|y steady through 201O. This iS based on the assumptions with the 200S-2O10 Capital Improvement Plan resulting in 8 major increase in Capital Improvement spending for infrastructure r8p|8CGQnGnt. Even with this increased spending plan the debt ratio per capita r8rn8inS relatively sL98dy, vvhi|8 the projected ratio of debt t0 nn8rk8L w]|Ve is expected LV continue to decline. K is this r8Lk} [f debt t0 market value that G Investment Service uses to determine the City's bond rating, which remains very good at "Aa2" and n8GV|ted in the State Auditor L0 comment on the City's debt as very manageable. The legal debt limit for the city iG set 8i2.UY6Vf the market value. Current calculations show the City slightly over 1.596and projections were that this percentage will continue to decrease to an estimated 1.1 % in 2010, which is consistent with the 2001 and 2003 |eve|G, prior to the major expenditures and bonding associated with the Legacy Village development. One final consideration is that construction costs have increased by 33% in the past three years based on this project's estimate. Constructing this project in 2OO7 versus 2O08. using that rate of increase, will save the $3OU increased costs over normal inflation. It is recommended that the city council approve the attached resolution ordering the improvement of the Brookview Area Street Improvements, City Project 07-01. Attachments: 1. Resolution Ordering |mpmvmont^mo Public Hearing z Location Map RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, G resolution Vf the city council adopted the 12th day [f March, 20O7 fixed 8 date for G council hearing on the proposed street improvements for the Brookview Area Street Improvements, City Project 07-01. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on March 28Lh,2UOl and the council has heard all persons desiring LVb8 heard On the matter and has fully considered the same; NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL DF MAPLEVVO{}D, MINNESOTA, as follows: 1. That itiGnecessary, and feasible, Gs detailed in the feasibility report, that the City of Maplewood make improvements to Brookview Area Street Improvements, City Project O7-01. 2. Such improvement is hereby ordered 88 proposed in the council resolution adopted the 26th day 0f March 20O7. 3. The city's consultant, SEH, is the designated engineer for this improvement and ishereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project bUdoetOf$3.1S8.548ShGUb8eSt@b|iShed. The proposed financing plan iS8sfollows: Financing Plan - Brookview Area Street Improvements GO Debt Service $ 902,375.00 28% IVISA Funds - internal $ 500,000.00 16% IVISA State Aid Bonds $ 290,064.00 9% Special Assessments $ 830,709.00 26% Sanitary Sewer Fund $ 118,000.00 4% Environmental Utility Fund $ 400,000.00 12% Driveway Program $ 30,000.00 1% I Total $ 3,198,548.00 100% 7', 275 1 LLJ 2 LL ......... SER VICE --_CONWAY 253 AVE. ��� - 3 L i r Z; �J 0r _L7Z J IJ 2Z5 7 ...... .... J 2 jj 22 1, 3 )V-- 220 z SOD ,$' HUDSON PL. LL i (-D C v z 0 BR 0 \-A,4� E W DR . V u I e [if Lu Elf C ree p MAYER LN. JI F- I -- r Q JAMES I u� 'Z�// Ld cv � < LLJ LE Afton (D V) Heights LLJ > Park I > < < Li 0 W > Li C) I I , \ EGO r < <! - UPPER AFTON RD. Cn i 20 Tanners Lake C 1 �, � D94 :D Street Improvements u no scale Exhibit 1 Project Streets Brookeview Area Streets Improvement 07-01 AVE N1 M A Lom Agenda Item H2 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer DuWayne Konewko, Environmental Manager Jon Jarosch, Civil Engineer I SUBJECT: Proposed Right of Way Ordinance — Second Reading and Adoption DATE: March 14, 2007 INTRODUCTION On March 12, 2006 City Council discussed and approved the first reading of the proposed Right of Way Ordinance. Staff has incorporated the changes that were recommended by council. Attached is a copy of the proposed Right of Way Ordinance with the changes represented in italics and underlined. xe Attached is the agenda from the first reading of the ordinance from the March 12, 2006 City Council meeting. DISCUSSION The following changes were made at the direction of the City Council: 1.) Pg. 5. Sec. 32 -6 (a). Registration. The following language was added - Exceptions to the registration requirements, as described in section 32 -6, shall be determined at the discretion of the ROW Engineer. 2.) Pg. 8. Sec. 32 -8 (a). Permit Requirement. The following language was added -. Exceptions to the permitting requirements, as described in section 32 -8, shall be made at the discretion of the ROW Engineer. 3.) Pg. 11. Sec. 32 -8 (g). Permit Requirement. The following language was added — DumpstersIPortable -on- Demand - Storage (POD) Units. The placement of dumpsters or POD units in the street portion of the ROW is not allowed. Dumpsters or POD units may be placed within the boulevard or driveway portions of the ROW provided that they do not obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary Agenda Item H2 circumstances, the City Right of Way Engineer, may make exceptions to this provision and applicant shall be subject to the Permitting and fee requirements of this ordinance. 4.) Pg. 12. Sec. 32-8. (h). Permit Requirements. The following language was added - (6) If granted approval by the city, piercing or drilling a street or sidewalkltrail pavement for the purpose of exploratory examination or utility depth determination. It is recommended that council conduct the second reading and adopt the Right of Way Ordinance. The effective date of adoption is April 30, 2007. Attachment: 1. Proposed Right of Way Ordinance 2. Council memo from the March 12, 2006 meeting 3. Permit Fee Schedule 4. Maplewood Standard Plates (1-13) [HIMM RIGHT-OF-WAY ORDINANCE City of Maplewood, Ramsey County, Minnesota }\o ordinance to enact a new Section of the Maplewood Code of Ordinances to administer and regulate the public (Generally hereinafter called ROW Lo the public interest, and to provide for the issuance and regulation of ROW permits. THE COUNCIL OF MAPLEWOOD ORDAINS: Article 1-In General, Section 32-4 through Section 32-26" City 0f Maplewood, County Of Ramsey, Minnesota, "Righ Ordinance" iS herewith adopted into city code. Any and all previously adopted sections or articles which may appear contrary or in conflict with this ordinance are hereby replaced or modified by this code. SEC. 32-4. FINDINGS, PURPOSE AND INTENT. The City of Maplewood holds the ROW within its geographical boundaries osan asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the ROW. It also recognizes that some persons, by placing their equipment in the ROW and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. Although the installation ofsuch service delivery facilities are in most cases necessary and proper use of the ROW, the City must regulate and manage such uses. To provide for the health, safety and well-being of its citizens and to ensure the structural integrity of its streets and the appropriate use of ROW, the City strives to keep its ROW in a state of good repair and free from unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the ROW, one of the causes for the early and excessive deterioration of its ROW ie frequent excavation or other intrusions into its sub-surface area. This Article imposes reasonable fees and regulations on the placement and maintenance of equipment currently within its ROW orto be placed therein at some future time. It is intended to complement the regulatory roles of state, federal and other agencies. Under this Article, persons [GINIM disturbing and obstructing the ROW will bear a fair share of the financial responsibility for its integrity. This Article also provides for recovery of the City's costs associated with managing its ROW. SEC. 32-5. DEFINITIONS. The following words, terms and phrases, as used herein, have the following meanings: Abandoned Facility - (1) a facility no longer in service and physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or (2) a facility that is deemed abandoned by the ROW user. City- means the corporate munioipa|ih/, its elected officials, its manager and/or appointed employees to include the Director of Public Works or his/her designee, City ofMaplewood, Minnesota. City Management Costs - the actual costs incurred by the City for public ROW management; including, but not limited to, costs associated with registering applicants seeking permission to excavate or obstruct aROW; issuing, processing and verifying ROW permit applications; inspecting job sites and restoration projects; mointaining, supporting, protecting or moving user equipment during public R{)VV work; determining the adequacy of ROW restoration; restoring work inadequately performed after providing notice and opportunity to correct the work; mapping of "as built" locations of facilities located in ROW; and revoking ROW permits and performing all other functions required by this Article, including other costs the City may incur in managing the provisions nf this Article. Degradation — means a decrease in the useful life of the ROW caused by excavation in or disturbance of the ROW, resulting in the need to reconstruct such ROW earlier than would be required if the excavation or disturbance did not occur. This condition ie only applicable inROVV'n that are not included in the current 5-year street replacement plan scheduled for full removal and reconstruction. Degradation Cost — subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown on Maplewood plates 1 to 13, and set forth in Minnesota Rules parts 7819.9900 to 7819.9950. 2 IGINIM Degradation Fee — Means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the ROW caused by the excavation, and which equals the degradation cost. Delay Penalty - the penalty imposed as a result of unreasonable delays in ROW construction. Director - the City's Director of Public Works or his/her designee. Emergency - a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. EmergencyHole - excavationofahole necessitated byo condition creating a clear and immediate threat to life, health, safety or property or requiring immediate repair or replacement in order to restore service to a customer. Engineer — the City's Director of Public Works or his/her designee. Equipment - any tangible asset used to install, repair or maintain facilities in any ROW. Excavate - to dig into or in any way remove or physically disturb or penetrate any part of a ROW. Excavation Permit - a permit which must be obtained before a person may excavate in a ROW. An excavation permit allows the holder to excavate only in that part of the ROW described in the permit. Facility or Facilities - any tangible asset in the ROW required to provide utility service. Franchise — any person or entity with tangible assets or equipment in the ROW for the purpose of providing utility service to the general public having been previously approved by the city by written agreement, contract nrby franchise ordinance. Hole - an excavation having a length on the long side that is less than 2 times the dimension of the width of the excavation and that conforms hnO.S.H/4.standards. Obstruct - to place any tangible object in a public ROW so as to hinder free and open passage over that nr any part of the ROW for an aggregate period nf five (5) 1lou or more in conjunction with the issuance of a ROW permit. IGINIM Obstruction Permit - a permit which must be obtained before a person may obstruct a ROW, allowing the holder to hinder free and open passage over the specified portion of that ROW by placing equipment described therein on the ROW for the duration specified in the permit. Patch or Patching - a method of pavement replacement that is considered temporary in nature. A patch consists of (1) the compaction of the sub base and aggregate base, and (2) the replacement in kind, to match the existing pavement per Maplewood Plates 1 -13. A patch shall be considered "full restoration" only if the pavement is included in the City's five year project plan. Pavement Repair Plates — Drawings and details for the reconstruction and repair of Maplewood ROW pavements (all types) that are herewith copied and adopted from the original thirteen (13) plates as suggested and provided by the Minnesota Office of Pipeline Safety and any supplemental additions as provided by the City of Maplewood. Permit Holder - any person to whom a permit to excavate or place equipment or facilities in a ROW has been granted by the City under this Article. Person — a private individual or authorized representative or agent of an entity subject to all laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Registrant - any person or entity that digs, excavates, intrudes or has or seeks to have its facilities or equipment located in any ROW for temporary or permanent placement. Restoration or "Full Restoration" - the process by which the ROW and surrounding area, including pavement, foundation, and turf areas is returned to the same or better condition and life expectancy that existed immediately before excavation. Restoration Cost - the amount of money paid to the City by a permit holder to have the city or its designated contractor perform the work to achieve the required level of restoration according to Maplewood plates 1 to 13, which are attached hereto and incorporated herein. ROW — (Right -of -Way) - the area on, below, or above a public roadway, highway, street, cart way, bicycle lane, and public sidewalk in which the City has an interest, including other dedicated ROW for travel purposes and/or utility easements of the City. 4 [HINIM ROWEngineer — that person or persons appointed, directed and empowered by the Director of Public Works to administrate the management of the Office of the Right-of-Way Engineer and those necessary responsibilities empowered by the City ROW Ordinance. ROW Permit - either an excavation permit or obstruction permit, or both, depending on the context required by this Article. ROW User - (1) a telecommunications ROW user as defined by Minnesota Statutes, Section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the public ROW that is used or is intended to be used for providing utility service, and who has a right under the law, franchise or ordinance to use the public ROW. Trench - an excavation having a length that is in excess of two (2) times the width of the excavation for the sections of roadway where the work is occurring, including a directional bore. Utility or Utility Service — means services provided by: (1) a public utility as defined in Minnesota Statutes; (2) a telecommunications, pipeline, community television antenna system, fire and alarm communications, water, oewer, storm sewer, electricity, light, heat, cooling energy, or power services including wind generation; (3) a corporation organized for the purposes set forth in Minnesota Statutes; (4) a district heating or cooling system; or (5) a cable communication system as defined in Minnesota Statutes. xKira|ena Telecommunication Facility -a tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables, and attachments. SEC. 32-6. REGISTRATION. ka> Registration Required Prior hmWork. No one shall construct, install, repair, remove, relocate or perform any work within any ROW without first being registered pursuant to this Section. Such registration shall be made on an application form provided by the City's Department of Public Works and shall be accompanied by the registration fee set forth in this Code. Registration and the accompanying fee shall ba required each calendar year. A franchised service or utility service operating under this section shall be registered pursuant to this Section but need not annually [GIN IM provide registration information as required by subsection (c) of this Section if such information has been submitted pursuant to a franchise agreement or ordinance. Further, a franchised service or utility service operating pursuant to a franchise agreement or ordinance shall be exempt from payment of an annual registration fee providing said franchise fee has been paid per written agreement or ordinance. Exceptions to the registration requirements, as described in section 32 -6, shall be determined at the discretion of the ROW Engineer. (b) Exceptions. The following are not subject to the requirements of this Section: (1) Person or Persons planting or maintaining pre - approved boulevard surface plantings or gardens. (2) Person or Persons installing mail boxes or private sidewalk from street or curb to dwelling or commercial structure. (3) Person or Persons engaged in commercial or private snow removal activities. (4) Person or Persons installing street furnishings. (5) Person or Persons installing irrigation systems. (6) City of Little Canada* (7) City of Maplewood (8) City of North Saint Paul* (9) City of Oakdale* (10) City of Saint Paul* (11) City of Woodbury* (12) Saint Paul Regional Water Services* (13) Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this Section. * See Appendix 1 (c) Registration Information. The registrant shall provide the following at the time of registration and shall promptly notify the City of changes in such information: [GINIM ( Registrant's name, address, telephone number, facsimile number and Gopher One Call registration certificate number if required by state law. ( Name, address, telephone number and facsimile number of the person responsible for fulfilling the obligations of the registrant. ( Unless exempted by previous or existing agreements or ordinance, a current Certificate of Insurance from a company licensed to do business in the State of Minnesota providing nnininnuno coverage in the following amounts: GENERAL LIABILITY: Public Liability, including premises, products and complete operations Bodily Injury Liability -$1.O0U.0O0 each person, $3.O0U.0O0 each occurrence Property Damage Liability -$3.O00.U0O each occurrence |n lieu of(1) and (2) Bodily Injury and Property Damage Combined -$3.UUO.UU0 single limit COMPREHENSIVE: Automobile Liability Insurance, including owned, non-owned and hired vehicles. Bodily Injury Liability -$1.U0U.0U0 each person, $3.U0U.0U0 each occurrence Property Damage Liability -$3.O00.U0O each occurrence |n lieu nf(1) and (2) Bodily Injury and Property Damage Combined -$3.0O0.O0O single limit Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the ROW by the registrant, its officers, agents, employees and permit holders, and (ii) placement and use of equipment or facilities in the ROW by the registrant, its offioana, agonts, employees and permit ho|dene, including but not limited ho, protection against liability arising from completed operations, damage of underground equipment and collapse ofproperty. Such certificate shall also name the City aoan additional insured aeto whom the coverage required herein are in force and applicable and for whom defense will be provided osb> all such coverage. Such certificate shall require that the City be notified thirty ( days prior to cancellation of the policy. 7 [GINIM ( A24 hour emergency number. /G\ An acknowledgment by the registrant of the indemnification pursuant to this Code. (6) Such additional information oe the City may require. SEC. 32-7. FRANCHISE REPORTING OBLIGATIONS. Each franchise registrant shall, at the time of registration and not later than November 1 of the preceding year, file a proposed construction and major maintenance plan for underground facilities with the City. Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate construction coordination and reduction inthe frequency of excavations and obstructions ofROW. The plan shall inc|ude, but not be limited to, the following information: (a) To the extent known, the locations and the estimated beginning and ending dates of all projects hnbe commenced during the next calendar year; and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year. The City will have available for inspection in the Engineer's office a composite list of all known or planned projects that have been adopted for the next calendar year. All registrants are responsible for keeping themselves informed of the current status of this improvement list. Each franchise registrant must notify the City immediately of any change in its list of planned projects. SEC. 32-8. PERMIT REQUIREMENT (a) Permit Required. No person may obstruct or excavate any ROW without first having been issued the appropriate ROW permit pursuant k) this Section, except ao otherwise provided inthis Code. Exceptions to the permitting requirements, as described in section 32-8, shall be made at the discretion of the ROW £�ineer. (1) Excavation Permit. An excavation permit is required by the registrant bo excavate that part of the ROW described in each permit that may hinder free and open passage over the 8 [HIM IM specified portion of the ROW when placing or repairing facilities therein, to the extent and for the duration specified in the permit. (2) Obstruction /Aerial /interduct Permit. An obstruction /aerial /interduct permit is required by a registrant if the work proposed may hinder free and open passage over the specified portion of ROW by placing or repairing equipment described therein within the ROW, to the extent and for the duration specified in the permit. An obstruction /aerial /interduct permit is not required if a registrant has been issued a valid excavation permit for the same project. (3) Pole Attachment Permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public ROW. A pole attachment permit is not required if a registrant has been issued a valid excavation permit for the same project. (b) Permit Extension. No person may excavate or obstruct the ROW beyond the date or dates specified in the permit or do any work outside the area specified in the permit unless such person makes a supplementary application before the expiration of the permit. Payment of all fees for an extension of the permit is required before extension may be granted by the City; If the work could not be completed because of circumstances beyond the control of the permit holder or the work was delayed or prohibited by unseasonable or unreasonable conditions, the City may grant and extend the completion date of the work. (c) Delay Penalty. Notwithstanding Subsection (b) of this Section, the City may impose a delay penalty where excavating or obstruction work in the ROW is not completed within the time specified if no permit extension application has been made prior to the expiration date of the permit. A delay penalty will not be imposed if the delay is due to circumstances beyond the control of the applicant, including without limitation inclement weather, acts of God, or civil strife. (d) Application and Fee. An application for a ROW permit shall be made on forms provided by the City and shall be accompanied by a fee as set forth in this Code established to reimburse the City for costs. A person who pays a franchise fee to the City in accordance with a franchise agreement shall be exempt from the payment of permit fees. If the work is to be performed by an agent, M H I. ■ = contractor, or subcontractor on behalf of the registrant, such application shall be signed by the registrant. The application shall also be accompanied by the following: (1) Scaled drawings showing the location of all known existing facilities and improvements proposed by the applicant. The applicant will be requested to submit in English measurement two (2) paper copies at 1" = 50' scale plans at the smallest and /or one (1) copy in Auto CAD format (Ramsey County Coordinate system) with X, Y, Z dimensions to 1 foot accuracy electronic plan. All plans must be dimensional and show existing utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes, relevant structures, property lines and corners and property addresses. (2) A description of the methods that will be used for installation. (3) A proposed schedule for all work. (4) The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work and proposed detour route with appropriate signage. (5) A description of methods for restoring any public improvements disrupted by the work. (6) Any other information reasonably required by the City. (e) Security. A performance bond and cash deposit in an amount determined by the City shall be required from each applicant. The applicant, at its option, may post security sufficient to cover all projects contemplated for the current calendar year. The performance bond must be approved by the City Attorney. Security required pursuant to this Subsection shall be conditioned that the holder will perform the work in accordance with this Article and applicable regulations and will pay to the City any costs incurred by the City in performing work pursuant to this Article. Said conditions will indemnify and save the City and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and related work covered by the ROW permit. And to include further indemnification by reason of any accident or injury to persons or property through the fault of the permit holder, either for improperly fencing and guarding the excavation or for any other injury resulting from the negligence or willful actions of the permit holder. The bond or any unused portions of a cash deposit shall be released by the City upon completion of the work and compliance with all conditions imposed by the ROW permit. For 10 IGINIM permits allowing excavations within public streets, such bond or unused part of a cash deposit shall be held for a period of twenty -four (24) months to guaranty adequacy of all restoration work. (f) Permit Issuances; Conditions. The City shall grant a ROW permit upon finding the work will comply with the requirements of this Article. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the public health, safety and welfare, to insure the structural integrity of the ROW, to insure completion of restoration of the ROW within a specified period, to protect the property and safety of other users of the ROW and to minimize the disruption and inconvenience to the traveling public. If it is determined by the Office of the ROW Engineer that the proposed ROW intrusion or use is not in the best interest of the city and no agreement or alternative compromise solution is feasible, the applicant may appeal the Engineers decision to the Director of Public Works. Should the issue there remain un- resolved, the applicant may then request to address the case before the Maplewood City Council for final disposition. If the applicant's ROW permit application is terminated at any given level, the city may at its discretion, elect to grant a partial refund of fees that may have been paid but shall not disburse any part of the basic Registration Fee or more that 50% of the Administrative Fees. No ROW permit shall be issued to any person who has failed to register pursuant to this code. (q) DumpsterslPortabte -on- Demand - Storage (POD) Units. The placement of dumpsters or POD units in the street portion of the ROW is not allowed. Dumpsters or POD units may be placed within the boulevard or driveway portions of the ROW provided that they do not obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary circumstances, the City Right of Way Engineer, may make exceptions to this provision and applicant shall be subiect to the permitting and fee requirements of this ordinance. (h) Exceptions. No permit shall be required for the following: (1) Approved surface landscaping work. (2) Approved private sidewalks, street furnishings, posts and pillars. (3) Snow removal activities. ll [HINIM ( Irrigation systems provided that the system does not connect directly to water mains in the ROW installed at the property owner risk. (5) Activities of the City ofMaplewood. (6) If granted approval by the city, piercing or drillin or the -q a street or sidewalkltrail pavement f purpose of exploratory examination or utility depth determination. SEC. 32-9. TIMELINESS OF WORK. The work tobe done under the ROW permit and the patching and restoration of the ROW as required herein, must be completed within the dates specified inthe permit. Kmay be increased by as many days oe work could not be done because of circumstances beyond the control of the permit holder or when work was prohibited ae unseasonable orunreasonable. SEC. D240. STANDARDS FOR CONSTRUCTION 0RINSTALLATION. (a) General Standards. The permit holder shall comply with the following standards when performing the work authorized under the permit: ( Take such precautions as are necessary to avoid creating unsanitary or unsafe conditions. Observe and comply with all laws, rules and regulations of the State and local governments. ( Conduct the operations and perform the work ina manner osto insure the least obstruction h/ and interference with traffic. (3) Take adequate precautions to insure the safety of the general public and those who require access tn abutting prnperty. ( Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5) Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction orinstallation. (6) Exercise precaution at all times for the protection of persons, including employees and property. 12 [HIMM (7) Protect and identify excavations and work operations with barricade flags and if required, by flagmen in the daytime and by warning lights at night. ( Provide proper trench protection as required byC).S8A' (9) Protect the root growth of trees and shrubbery. /10\ Where possible, provide for space in the installation area for other telecommunication ROW users and companies which install facilities in public ROW. /11\ Maintain maximum access to all properties and cross streets ae possible during construction operations and maintain emergency vehicle access at all times. /12\ Maintain planned alignment and grade unless otherwise authorized by the City. Field changes not approved by the City will require removal and reconstruction. /13\ During trenching of facilities, a warning tape must be placed ata depth of twelve (12) inches above all copper cables with over two hundred (200) pairs and above any fiber facilities. (14) Beneath concrete or bituminous paved road surfaces, directional bore facilities shall be installed in conduit nfo type approved by the city. /16\ The placing of all telecommunications facilities must comply with the National Electric Safety Code, osincorporated by reference in Minn. Stat. Sec. 326.243. (16) Locate all property lines near ROW lines and replace any disturbed property corner markers or judicial monuments. A Minnesota licensed surveyor must beused. /17l Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. ( Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. ( All backfilling materials must be placed in 1 foot (112") lifts (maximum) at optimum moisture and compacted with the objective of attaining ninety-five percent (05%)of Standard Proctor Density. Compaction shall be accomplished with hand, pneumatic orvibrating compactors as appropriate. 13 [GINIM ( QaokDU material shall be subject to the approval nf the City. The City may permit bankfUing with the material from the excavation provided such material is granular in nature and acceptable tn the City. ( Compacted bookfU shall be brought to bottom nf the gravel nf the approved street section. ( All work performed in the ROW shall be done in conformance with Maplewood Plates 1 to 13. unless aless stringent standard is approved by the City. (23) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (24) No road surface damaging lugs, cleats or equipment may be used or driven upon paved city street surfaces. (25) Dirt, trash or other debris must be periodically removed during construction ( Other reasonable standards and requirements of the City. (b) Standards for Installation of Underground Utilities. The permit holder shall comply with the following standards when installing facilities underground: (1) Underground facilities must boplaced as far off the roadway as possible to provide access from outside of the paved area. (2) Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless on alternate location is approved by the City. Buried copper facilities beneath concrete or bituminous paved road surfaces must be placed ctno less than three (3) feet but no more than four (4) feet deep. Other buried copper facilities must be placed at o minimum depth of thirty (30) inches and o maximum depth of four (4)feet. ( Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the City. (4) If construction is open cut, the permit holder must install the visual tracers approximately twelve (12) inches above buried facilities. If other construction methods are used, substitute location methods will beconsidered. 14 [HINIM (5) The permit holder shall register with Gopher State One Call and comply with the requirements nfthat system. (S) Compaction in trench baokO|| material shall be ninety-five percent (8596)nfthe standard proctor density and copies of test results shall be submitted to the City. All tests and their locations shall be determined by the City. Tests must b* conducted byonindependent testing firm approved by the City. Street pavement replacement will not be permitted until sub-base densities are approved by the city. Testing shall be performed ot the discretion nf the ROW engineer. Street Pavement structure and materials shall beasspecified by the city and re-paved in accordance with Maplewood plates 1-13. K||pavement replacement shall be done in the presence ofa City inspector with certified pavement material to City specifications. /7\ The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of five (5) feet behind the curb. (8) When utilizing tnenoh|oeo installation methods b) cross onarea in which amunicipal utility is located, and/or when directed by the City, the permit holder shall excavate an observation hole over the utility tn ensure that the City utility is not damaged. Observation holes shall not bebaokMUed until viewed and approved by the city ROW Inspector. ( All junction boxes or access points shall be located no closer than ten (10) feet from municipal fire hydrants, valves, manholes, lift stations orcatch basins unless an alternate location is approved by the City. ( Underground facilities shall not b* installed between a hydrant and on auxiliary valve. ( Underground facilities shall not be installed within five (5) feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the ROW. |n those areas in which no utility easement exists, placement of an underground facility shall be between the edgeofpavementandnno|oserthanthree(3)feethnanexiatingmunicipa|uti|ity appurtenance unless approved by the City. 15 [HINIM ( In areas where an extensive effort to determine the location of municipal utility lines will be required to accommodate the installation of private facilities, the City's representative for Gopher State One Call must be contacted by the permit holder two (2) weeks prior tothe beginning of the work to schedule meetings. ( Buried telecommunication facilities must have a locating wire or conductive shield, except for di-electric cables. ( Buried fiber facilities must be placed in a conduit of a type determined by the ROW user unless the permit holder obtains a waiver from the City. (n) Standards for Installation of Overhead Facilities. The permit holder shall comply with the following standards when installing facilities overhead: ( All wires must be a minimum of eighteen (18) feet above ground and at a location that does not interfere with traffic signals, overhead signs. or street lights. (d) Standards for Wireless Telecommunication Facilities. ( 1 ) Purpose. The City of Maplewood desires high quality wireless communication services to accommodate the needs of residents and businesses. Ad the same time, the City strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due tothe many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public ROW. The City allows and regulates wireless telecommunication facilities outside of the public ROW through performance standards and height limits. The purpose of this Section is to regulate wireless telecommunication facilities within the public ROW in a manner that balances desire for service with aesthetic, public safety, and ROW flexibility concerns. Public ROW are appropriate locations for wireless telecommunication facilities that present minimal impacts (i.e. small pole attachments that do not require new po|en, do not require pole extensions, and dn not have associated ground mounted equipment). VVina|ese telecommunication facilities that require greater heights than can be afforded by existing poles in the public ROW and that require ground mounted equipment are more appropriately sited outside the public ROW in accordance with adopted performance standards of this 16 GI■ =i Code. However, the City recognizes that as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of acceptable siting alternatives in the immediate vicinity. In such areas, where no alternative non -ROW locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public ROW subject to the requirements of this Section which are meant to protect the public health, safety, and welfare. (2) Wireless Telecommunication Facilities as Pole Attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the ROW after issuance of a pole attachment permit. (A) The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. (B) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. (C) The wireless telecommunication facility shall not be larger than three (3) cubic feet and shall have no individual surface larger than four (4) square feet. (D) The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one half (2 1/2) feet, except that an antenna one half inch in diameter or less may extend an additional six inches. (E) The wireless telecommunication facility shall include no ground mounted equipment. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. (G) Wireless telecommunication facilities in the ROW shall be removed and relocated at City request subject to the provisions of this Article. 17 HI■ =i (H) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (3) Wireless Telecommunication Facilities as Pole Extensions or with Ground Mounted Equipment. Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public ROW only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit: (A) The applicant shall demonstrate to the satisfaction of the City or his /her designee that the wireless telecommunication facility cannot be placed in a Code complying location outside the ROW within one quarter (1/4) mile of the proposed location. (B) The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this Section, the height shall not be further increased. (C) The replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than fifty (50) percent. (D) The wireless telecommunication facility shall not extend outward from the public utility structure by more than two (2) feet. (E) If feasible and desirable, as determined by the City, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. (G) A pole attachment or excavation permit for a wireless telecommunication facility that has ground mounted equipment will be issued only if the Issuing Authority finds the •• . IGINIM (i) the ground mounted equipment will not disrupt traffic or pedestrian circulation; (ii) the ground mounted equipment will not create o safety hazard; U0 the location of the ground mounted equipment minimizes impacts on adjacent property; and, (iv) the ground mounted equipment will not adversely impact the health, safety, or welfare of the community. /H\ Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: (i) be set back o minimum of ten MU\ feet from the edge of street or curb line; (ii) be separated from a sidewalk bye minimum of three (3) feet; (iii) be set back a minimum of fifty (50) feet from the nearest intersecting ROW line; (iv) be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground; (v) if located adjacent to residential uses, ground mounted equipment shall bo limited to three (3) feet in height above grade and twenty seven (27) cubic feet in cumulative size; (vi) if located adjacent to non-residential usos, ground mounted equipment shall be limited to five (5) feet in height above grade and eighty-one (81) cubic feet in cumulative size; (Vii) ground mounted equipment located outside the public ROW shall conform to the requirements nf this Code. (viii) vegetative or other screening compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary bythe City. (|) Wireless telecommunication facilities in the ROW shall be removed and relocated at City request subject tothe provisions nf this Article. 19 Iflimm (4) New Poles. The construction in the ROW ofanew pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject hn the requirements of this Section. ( Charges. In addition to the permit fees outlined in this Code, the City reserves the right to charge telecommunication providers for their use of the public ROW to the extent that such charges are allowed understate law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public ROW. SEC. 32-11. PATCHING OR FULL RESTORATION 0F ROW. The permit holder shall patch its own work. The City may choose either to have the permit holder complete a full restoration of the ROW or the City may elect to restore the ROW itself. (a) City Restoration. If the City restores the ROW, the permit holder shall pay the costs thereof within thirty (9O) days nfbilling. If, during the twenty-four (24) months following such surface restoration, the pavement settles due to the permit holder's improper backfilling and compaction, the permit holder shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permit Holder Restoration. |f the permit holder restores the ROW, it shall at the time of application for a ROW permit post a performance bond or cash deposit in an amount determined by the City to be sufficient to cover the cost of restoration and any associated erosion and sediment control measures. The performance bond or letter of credit must be approved by the City Attorney. If, within twenty-four (24) months after completion of restoration of the ROW, the City determines the ROW has been properly restored, the posted security will bareleased. (c) Standards. The permit holder shall perform patching and restoration according to the Maplewood standards specified in Plates 1 to 13. which are attached hereto and incorporated heroin. (d) Guarantees. If the permit holder performs the restoration work, the permit holder shall guarantee such work and its maintenance for twenty-four (24) months following its completion. During this twenty-four (24) month period it shall, upon notification from the City, promptly and within 7working 20 [GINIM days from receipt of notification, correct all faulty restoration work tn the extent necessary, using the method required by the City. SEC. 22-12.JOINT APPLICATIONS. (a) Joint Application. Registrants may jointly apply for permits to excavate or obstruct the ROW at the same place and time. (b) Shared Fees. Registrants who apply for permits for the same obstruction or excavation may share in the payment mf the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. SEC. 32-12. OTHER OBLIGATIONS. (a) Compliance With Other Laws. The permit holder must obtain all other necessary permits, licenses and approvals and pay all fees required. The permit holder shall comply with all requirements oflocal, state and federal laws, including Minn. 8tat. Saco. 216D.01-.08 ("One Call Excavation Notice Syshenm"). A permit holder shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the ROW pursuant to its permit. regardless of who does the work. Applicants obtaining Ramsey County, local Water Shed Districts, Minnesota Department of Transportation or other state agency excavating permits for facilities in their ROW or easements located within the City must provide a copy of each permit tn the City. (b) Prohibited Work. Except in an emergency, and with the approval of the City, no ROW excavation or obstruction may be done when seasonally prohibited or when conditions are unreasonable for such work. (o) Interference with ROW. A permit holder shall not so obstruct a ROW that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. SEC. 32-13. DENIAL OF PERMIT. The City may deny o permit based on any of the following grounds: (a) Failure to register pursuant to requirements of this Code. 21 BI■ =i (b) The applicant is subject to revocation of a prior permit issued pursuant to this Article. (c) The proposed schedule for work would conflict or interfere with an exhibition, celebration, festival or any other similar event. (d) The proposed schedule conflicts with scheduled or total or partial reconstruction of the ROW. (e) The applicant fails to comply with the requirements of this Article or other provisions of this Code. (f) The City determines that denial is necessary to protect the health, safety and welfare of the public or protect the ROW and its current use. SEC. 32 -14. EMERGENCIES AND WORK DONE WITHOUT A PERMIT. Each registrant shall immediately notify the City and all other affected parties or property owners of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. If the registrant has not been issued the required permit, the registrant shall, within two (2) business days after the occurrence of the emergency, apply for the necessary permits, pay the permit fees (where necessary) and fulfill the remaining requirements necessary to bring itself into compliance with this Article for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding a registrant's facilities, the City shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The City may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a ROW must subsequently obtain a permit and (where appropriate) as a penalty, pay twice the normal fee for the permit and shall deposit with the City the fees determined to correct any damage to the ROW. SEC. 32 -15. INSPECTION. (a) Site Inspection. The permit holder shall make the work site available to the City and to all others authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. 22 [GINIM (b) Authority mfCity (1) At the time of inspection, the City may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The City may issue a stop work order to the permit holder for any work which does not conform to the terms of the permit or other applicable standards, conditions or codes. The order shall state that failure to correct the violation within o stated deadline will be cause for revocation nf the permit. |f the violation is not corrected within the stated deadline, the City may revoke the permit. SEC. 32-16. REVOCATION OF PERMITS. (a) Substantial Breach. The City may revoke a ROW permit, without o fee refund, if there |sa substantial breach of the terms or conditions of any statute, this Code, rule or regulation, or any condition nf the permit. A substantial breach nfa permit holder shall include, but not limited to, the following: ( The violation of any material provision nf the permit. ( Any material misrepresentation nf fact in the application for apermit. ( The failure tn maintain the required bonds nr other security and insurance. (4) The failure to complete the work in a Urne|y manner. (5) The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions or codes, upon inspection and notification by the City of the faulty condition. (8) An evasion or attempt to evade any material provision of the ROW permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (7) The failure to comply with the terms and conditions of any applicable federal, state and local laws, rules and regulations, including any provision of this Article. (b) Notice ofBreach. If the City determines that a permit holder has committed a substantial breach of a term or condition of any statute, this Code, rule or regulation or any condition of the permit, the City shall make a written demand upon the permit holder to remedy such violation within a 23 i ■ = i reasonable period of time or be subject to potential revocation of the permit. The City may impose additional or revised conditions on the permit to mitigate or remedy the breach. (c) Reimbursement of City Costs. If a permit is revoked, the permit holder shall reimburse the City for its reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees incurred in connection with the revocation. SEC. 32-17. APPEAL. (a) Filing of Appeal. Any person aggrieved by, (i) the denial of a permit application; (ii) the denial of a registration; (iii) the revocation of a permit, or (iv) the application of the fee schedule imposed by this Code, may appeal to the City Council by filing a written notice of appeal with the City Clerk. Said notice must be filed within twenty (20) days of the action causing the appeal. (b) Notice of Hearing. The City Council shall hear the appeal at its next regularly scheduled meeting, unless the time is extended by agreement of the parties. Notice of the date, time, place and purpose of the hearing shall be mailed to the appellant. (c) Hearing and Decision. The City Council shall, at the hearing, consider any evidence offered by the appellant, the City and any other person wishing to be heard. The Council shall issue a written decision within thirty (30) days of the completion of the hearing. SEC. 32 -18. MAPPING DATA. (a) Information Required. Each registrant shall provide mapping as required by the City and which shall include the following information: (1) Location and approximate depth of registrant's mains, cables, conduits, switches and related equipment and facilities, with the location based on: (A) offsets from property lines, distances from the centerline of the public ROW and curb lines as determined by the City; or (B) Ramsey County Coordinate System; or (C) Any other system agreed upon by the ROW user and the City; (2) The type and size of the utility; (3) A description showing above - ground appurtenances; 24 [GIN IM (4) A legend explaining symbols, characters, abbreviations, scale and other data shown on the map; and (5) Any facilities to be abandoned, if applicable, in conformance with Minnesota Statutes, Section 216D.04, subdivision 3. (b) Submittal Requirement. (1) Within two (2) years after the effective date of this ordinance, all telecommunication ROW users shall submit comprehensive detailed maps, if available, in accordance with Subsection (a) of this Section, for all facilities and equipment installed, used or abandoned within the U. E41 ' ' f« (2) Subsequent to providing the required comprehensive facility map, interim mapping data shall be submitted by all registrants for all equipment and facilities which are to be installed or constructed after the effective date of this ordinance at such time as permits are sought pursuant to this ordinance. (c) Trade Secret Information. At the request of any registrant, information requested by the City which qualifies as "trade secret" data under Minnesota Statutes, Sec. 13.37(b) shall be treated as trade secret information as detailed therein. SEC. 32 -19. RELOCATION OF FACILITIES. A ROW user shall promptly and at its own expense, with due regard for seasonal working conditions, remove and relocate its' facilities in the ROW when it is necessary to prevent interference or obstruction, but not merely for the convenience of the City, in connection with: (1) a present or future City use of the ROW for a public project or facility, (2) the public health or safety; or (3) the safety and convenience of travel over the ROW. The registrant shall restore any ROW to the condition it was in prior to removal and relocation. SEC. 32 -20. DAMAGE TO OTHER FACILITIES. When the City does work in the ROW and finds it necessary to maintain, support, or move registrants' facilities to protect it, the City shall notify the registrant as soon as possible. The costs 25 [GIN IM associated therewith shall be billed to the registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the ROW which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrants' facilities. SEC. 32 -21. ROW VACATION. (a) Reservation of Right. If the City vacates a ROW which contains the equipment or facilities of a registrant or permit holder, and if the vacation does not require the relocation of the registrant's or permit holder's equipment or facilities, the City shall reserve, to and for itself and all registrants or permit holders having equipment and facilities in the vacated ROW, the right to install, maintain and operate any equipment and facilities in the vacated ROW and to enter upon such ROW at any time for the purpose of reconstruction, inspecting, maintaining or repairing the same. (b) Relocation of Facilities. If the vacation requires the relocation of the registrant's or permit holder's equipment or facilities; and (i) if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the City and the registrant or permit holder; or (iii) if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such person or persons must pay the relocation costs. SEC. 32 -22. ABANDONED AND UNUSABLE EQUIPMENT AND FACILITIES. (a) Discontinued Operations. A registrant who has determined to discontinue operations in the City must either: (1) Provide information satisfactory to the Director that the registrant's obligations for its equipment and facilities in the right -of -way under this Article have been lawfully assumed by another registrant; or 26 IGINIM (2) Submit to the Director onaction plan for the removal mabandonment of equipment and facilities. The Director shall require removal of such equipment and facilities if the Director determines such removal is necessary to protect the public health, safety and welfare. The Director may require the registrant to post a bond in an amount sufficient to reimburse the City for reasonably anticipated costs to be incurred in removing the equipment and facilities. (b) Abandoned Facilities. A ROW user shall notify the City when any nf its facilities orportions thereof, are proposed to be abandoned, ceased being used or requiring incidental work or repair in part orintotal. Excepting where prior written agreements, contracts or ordinances qualify or preclude the following requirements nrconditions: ( If in conjunction with a city approved facility abandonment, re-construction, replacement or if a damaged or obsolete component or is a part of incidental maintenance or routine repair work, said facilities or components thereof shall not be deemed abandoned in place. As may be determined by the city, said facility shall be removed at an approved time or may be designated to be left in place for later removal as may be necessary during the next scheduled city public works improvement construction project. (2) If immediate removal is denied by the city at the time of the request by the ROW user, said ROW user may then be required to render to the city a reasonable fee, as determined by the nity, for future removal or salvage by city contracted forces retained fora public improvement. (3) |f immediate removal in permitted by the city at the time of request for abandonment by the ROW user, said ROW user shall then be required to pave and/or restore said excavation in accordance with Maplewood Plates 1-13. Further, said ROW user shall be required to render any and all permit fee nr degradation fees aeappropriate. (4) Fees for future removal nr salvage nf abandoned or damaged facilities, in part orin total will bedetermined by the city at such time aeproposed by the ROW user. Considerations for determination will be based on: o. Age, status and condition nf road bed and related ROW. b. Location, depth, type, size and length etc. offacility. C. Complexity and logistical problems in each situation. 27 G I. ■ = (5) Fees paid and all necessary information, when collected under this article shall be accurately described and noted and maintained for record by the city. Said Fees shall be deposited in an appropriate ROW Reconstruction Fund as determined by the city. Said ROW user and/or its successors or owners shall be deemed fully harmless and non - liable or responsible for future costs or penalties of all necessary construction actions, removals or salvages or emergency repairs of said facilities as described in record. SEC. 32 -23. INDEMNIFICATION AND LIABILITY. By registering with the City or by accepting a permit granted under this Article, a registrant or permit holder agrees as follows: (a) Limitation of Liability. By reason of the acceptance of a registration or the grant of a ROW permit, the City does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permit holders or activities of registrants or permit holders. (b) Indemnification. A registrant or permit holder shall indemnify, keep and hold the City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a ROW, whether or not any act or omission complaint of is authorized, allowed or prohibited by a ROW permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permit holder or the City, and the registrant or permit holder, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf. If the registrant or permit holder is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permit holder may not settle the litigation without the consent of the City. Such consent will not be unreasonably withheld. 0 =1k. ■ =i SEC. 32 -24. FRANCHISE HOLDERS. If there is a conflict in language between the franchise of a person holding a franchise agreement with the City and this Article, the terms of the franchise shall prevail. SEC. 32-25. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. APPENDIX I ESSENTIAL MUNICIPAL SERVICES Special conditions and provisions to regulate and control ROW intrusions by essential service providers for which previous agreements or ordinances have been enacted and approved by the City in concurrence with the respective service providers. INDEX Article Participating Municipal Provider A. City of Little Canada B. City of North Saint Paul C. City of Saint Paul D. City of Oakdale E. City of Woodbury F. Saint Paul Regional Water Service 29 Agenda Item H1 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer DuWayne Konewko, Environmental Manager Jon Jarosch, Civil Engineer I SUBJECT: Proposed Right of Way Ordinance — First Reading DATE: February 27, 2007 INTRODUCTION The public rights-of-way are used to locate public utilities such as storm sewer, sanitary sewer, watermain, telephone, electric, gas, and other utilities. Sharing these same rights-of-way are the City's street, sidewalk, and trail networks. During the course of a year there are numerous intrusions into the right-of- way that are necessary to install, repair, or remove utilities. Each intrusion into the right-of-way has the potential to degrade the useful life of the right-of-way. This ordinance is necessary to provide for the safety of the public, protect the structural integrity of our streets, and ensure the appropriate use of the right-of-way. By adopting this ordinance, the City will be able to maintain its right-of-way in a state of good repair and free from unnecessary encumbrances. A copy of the proposed ordinance is included as an attachment. The Right of Way Ordinance imposes reasonable fees and regulations on the placement and maintenance of utilities and equipment in the right-of-way. The proposed ordinance also requires restoration of the right- of-way upon completion of the work. The fees charged will allow the City to recover the costs associated with the management of the City's right-of-way. In drafting this ordinance, staff reviewed a number of existing cities' Right of Way Ordinances and visited with personnel in those cities that were responsible for administering the ordinance. Staff also utilized the template that was developed by the League of Minnesota Cities. The proposed Right of Way Ordinance has been reviewed by the City Attorney and staff has incorporated the recommended changes as advised by the attorney. BACKGROUND Currently, the City's rights-of-way have been managed without the use of an ordinance and thus, it has been very difficult to place restrictions on work to be performed in the right-of-way. This lack of control results in the early deterioration of our street network and rights-of-way in general. The proposed ordinance will establish standards that right-of-way users must adhere to. The City of Maplewood holds the right-of-way within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the right-of-way. It also recognizes that some persons, by placing their equipment in the right-of- way and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. Although the installation of such A-enda Item H1 service delivery facilities are inmost cases necessary and 8 proper use ofthe right-of-way, the City must manage and regulate such uses. DISCUSSION Permitting and Registration The Right of Way Ordinance is centered ml8 permitting process. A permit will be required before any intrusion into the hgh1-Of-vv8ynr obstruction Of the hg may occur. By implementing 8permit process the City will obtain, prior to any work being done in the right-of-way, location of the work, information regarding the work Lobe performed and the name Cfthe contractor performing the work. It will also 8||Dvv the City t0 coordinate projects with other right-of-way users to minimize intrusions and obstructions of the right-of-way. All contractors will be required to fill out registration hJrrn along with posting a $75,000 performance bond with the City prior to performing any work in the right-of-way. Acopy of the proposed fee schedule iSalso attached for your review. Standards of Construction The ordinance implements standards of construction which will ensure that the work performed will not reduce the life of the right-of-way, nor will it endanger the safety of the public. Work performed will be inspected by the City tV ensure its compliance with these standards. Drawings and details for the reconstruction and repair 0fM8p|8vv0Od'G[ight-0f-vv@y are attached and included iD the proposed Right 0f Way Ordinance. These standard p|8L8S. 1-13. were drafted by the MiDO8SOt8 Office OfPipeline Safety. The City in turn modified these plates to feature various provisions and specifications outlined in the ordinance. Right-of -Way Restoration The Right-of-Way Ordinance applies set standards for the restoration of the right-of-way. The |8v8| of restoration necessary for 8 particular portion 0f the [ighL-0fvv8yiS dependent 0O the age 0f that portion and whether it falls in the two or five year Capital |0pnJvS0Rnt P|@O /C|P\. If the pavement is newer the |8v8| Of restoration work will be high. If it is older the |Swe| of restoration will be less. The |8v8| of restoration of the right-Of-vvayisdefined within the thirteen standard plates. The goal of the restoration istoreturn the pavement and foundation to the S8rne condition and life expectancy that existed before the excavation. Mapping and Reporting The ordinance requires right-of-way users to provide mapping data that includes the location, depth, size, and type of facilities installed within the right-of-way. This will give U8 8 better idea of what is installed in our rights-of-way and the ability to COOndiO8te installations Of other facilities in the future. Due to 8 recent change in the law regarding location of utilities (Minnesota Office [f Pipeline Safety - Gopher State One C8||\ the City is F83pOOSib|S for |0C8tiDg all utilities in the right-of-way which were built after January 1 2000. The adoption 0fthe Right of Way Ordinance will provide the City with the necessary information to begin the task [fmapping the activity in the City's right-of-way. This information will 8||Dvv the City to better manage and respond to emergencies in the right-of-vv8y. Proposed Timeline Schedule The timeline schedule for council adoption 0fthe Right Of Way Ordinance iS83follows: * Publish notification for public hearing iD official city newspaper OD February 28 and March 7. 2007; • First reading of proposed Right of Way Ordinance will occur on March 12,2007; • Second reading and adoption will take place 0O March 26 • Effective date of ordinance will be April 30, 2007. Agenda Item H1 Applicability of Ordinance This ordinance is necessary to ensure the longevity of our rights-of-way throughout the City and for the safety of the public. :1*11rel T, I T� 14 k 107-1 [s] k I It is recommended that council consider adoption of the Right of Way Ordinance. Direction on the revisions to this draft will be incorporated by staff and the final revision prepared for review and publication as part of the final (second) reading on March 26, 2007. The effective date of adoption is April 30, 2007. Attachment: 1. Proposed Right of Way Ordinance 2. Permit Fee Schedule 3. Maplewood Standard Plates (1-13) ROW Ordinance Proposed Fee Schedule Summary The proposed fees displayed in the table below were calculated to reflect the estimated costs associated with the administration of the ROW Ordinance. A report shall be submitted to Council this fall to determine the effectiveness of this fee schedule at recuperating the administrative costs of the ROW Ordinance. Yearly Registration Fee $40 Excavation Permit Fee (Hole) $100 Excavation Permit Fee Trench Hole Fee Plus $601 100 Lineal Feet Emergency Excavation Permit Fee $100 Obstruction Permit Fee $80 Permit Extension Fee $35 Delay Penalty Fee (Up to 3 days late $35 Delay Penalty Fee after 3 days late $101 da Directional Boring /Underground Piercing $100 for 1 st 100 Lineal Feet $.701 Lineal Foot thereafter Degradation Fee Determined Case by Case Franchise Fee To be determined The two items in the fee schedule without dollar amounts are determined on a case by case basis. The degradation fee is charged to recuperate costs associated with the loss of useful life of the pavement due to intrusions into the ROW. These fees will be determined on a case by case basis, factoring in the existing life expectancy of the pavement. The franchise fee is a yearly fee paid by franchise holders to operate within the ROW. Franchise agreements will be pursued with the major utilities in the area (Xcel Energy, Comcast, Qwest, Etc.). Staff will work with council and the City's attorney this year to develop a franchise fee schedule. 7 � \ \� � \ ® ui uj L'i co cn cn > < < z U) m m LLJ z 0 < \ 0 0 z 0 LAJ Ir 0 0 Lj m ZK / 0 ui co m U) < LLJ < m I-- < cn 0 Lj QD z L Ld 0 < U (D CD LLJ 0 C:� < CD LLJ / Li / C-) < LLJ 0- z5 LLJ 0 LLJ z z\ LLJ Li M \ < > Li C:f L'i L'i (n \ Z O Li 0� < => 0 LL z LL C < c) / _ z Z LJ LLJ Lu :E cr� <0 :E L'i L'i �7- a: m Z - - CL 0 3i z w \� 0 LLJ LLJ �z LLJ L'i t'i --i Lj z _ 0- LJ C) Ld �� L'i Z < < Z 0- ui 0- — < \ co U) m� 2 D // U) D D Q� z LL LL 0 z m Li w Ld 0 0 z 0 z z z DESIGN: DATE: 12-06 CITY OF IVAPLEWOOD- ENCI IN EERI NG DEPT. PLATE FlLENAME:P:W0RKS\ NO. DRAWN: :D CAD\PLATES\ROW TRENCH RESTORATION REVISIONS TYPICAL PAVEMENT 0 TO 5 YEARS OLD \ \ m Ld Ld j \ ) ° z © j \ / \ \ \ e / / } z( § ± \J G Ld \\ ~ } g / of o Elf \\ � \ \ - \ % / / / 4 . /z g z\ ye °/ G \/ Ld Ld / z m LL, / « / « _ / b K § Ld ( \ \ '-'f j \ \ 2 \\ \� \ /\ 6< \$ 0 \z /\ \ o � m zz e \3 \ �� \ °° \// z \\ \ \z Q o- \/ \/ \ \\ 2 z o \ \ (D -j / 2� ^ \ \/2 C) G\ Ld §.. \. /. \ F-- F-- \ DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGI NEERI NG DEPT. PLAN mLEN &eP: R6\ NC DRAwVUD aSPLATE\Rm TREN RESTORATION REV ~ TYPICAL PAVEMENT \ TO \ % /% // OLD 2 z \ \ \ j \ } Of 0 § 3 % \ \ 0 \ \ / § / 6 \ ^ < \ 0 ( — ~ — z 0 / S \_ 3 of Ld ° < \ a = S < a y \ 0 \ \ \ \ / Ld w / \ / \ D ± 4 < 4 y 0 w ® § z q \ G Ld y \ } z d m z G w / | 0 / \ \ ^ I \ / z \j a _ z =_ < \ / a b S § < \ 2 0 z e % § 2 \\ ` \ §\ Ld j b < §_ © z \ 2 2 // GL b\ z /§ � /> je a a S& }z >3 z < < Jz Jz ( j af� e % z o \ j / \ u0 �2 /2 (/ / /2 §2 G& y \. \. /. t a & a 0 0 0 0 z z z z DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGI NEERI NG DEPT. PLAN rE wEP. R«\ T R E K C H R E S T O R ATIO N NC DRAWN: uD aSP� E1 m REV ® ƒ% /I /%§ PAVEMENT 5 % /$ // /§/ TO 5 YEAR /I/ � \ \ ) } Ld Ld V) Of of 3 5 ui { \ \ \ \z - 5 ~ � (n ® U) } \\ \ / of CD % / c oe / \\ F- \ \ P LLJ / / / a - / s w o / \ z \ « $ e 5 ? \ } z / / < 2 Ld Ld LLJ \ z - P LLJ / \ ® }j > - z 3 = z Ld Lf) y- j ( < / { \ » / 2 \/ t L, 62 \ - <Z G / O\ Ld Of m \\ �� + Ld K / { z < )� \\ L \/ z ® Ld / \ \ \ z0 (/ ° » \( E} a, \, /, � § a & + z z z z DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGI NEERI NG DEPT. PLAN rE wEP. R«\ T R E K C H R E S T O R ATIO N NC DRAWN: uD aSP� E1 m REV ® TYPICAL PAVEMENT 5 % /$ // OLD TO 5 YEAR /I/ 4 DESIGN: DATE: 12 -06 CITY OF MAPLEWOOD- ENGINEERING DEPT. PLATE CAE ROW TRENCH RESTORATION N° D\PLA DRAWN: JEJ caENAMEES \Row REVISIONS7 IN 5 YEAR C I P OR UTILITY TRENCH PATCH 5 w z g U W W LL, 0 ° m W 0 O Q Z m m W W J 9 ° m D p V v) J d LY Z_ W U S H [if 0 O W [if Wp W O O p m m w v) w W d m W Q N Q m W a v) O W W 0 J Q Z Q a Of d J W U c d p Ld ?i d q U 0 W U W W (n z ° ° o U w W w W J -< cn to �( Ld - W W w w = _ Q m of w 0 Z W Z w d U 0 w0 L d� W Of Z ¢ W W (n .. W N Z N W H i. (n a (n Z Q � p J J U d W U W W O N H of S L S - W W H d' H p p =:) p W m � O m m Z w m Z S W S O U Z UJ p Lj w U W W LLI U) > d Lu w of ° a ¢ Vz a d }~ d w dw H w z m = o� og �� cn H p 00 Z d w �w Hw 0, iz U m W Z O J Z m U• d s N M LJ W W W H O H O H O H O Z Z Z Z DESIGN: DATE: 12 -06 CITY OF MAPLEWOOD- ENGINEERING DEPT. PLATE CAE ROW TRENCH RESTORATION N° D\PLA DRAWN: JEJ caENAMEES \Row REVISIONS7 IN 5 YEAR C I P OR UTILITY TRENCH PATCH 5 / z ( \ \ \ \ \ V) / § 3 \ / — e z \ V) / \ \ \ 0 / / (D / ~ \ / 4 2 4 / ƒ § G / 3 / % / / L \ ƒ zy » 9 ~ I~ / §% Of Ld � \ \ }/ ~ \ § kj / y / 3 }\ K } 3 / Ld 6 �} § ° g «� Kz 2 /® 3z = El §5 } k \= � �� of �: \ // \\ [\ }\ ° 0 j[ oz G[ y 5, \, /. « z c w G G G t DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGI NEERI NG DEPT. PLAN rE wEP. R«\ T R E K C H R E S T O R ATIO N NC DRAWN: uD aSP� E1 m REV ® TYPICAL PAVEMENT / IN 2 YEAR \I/ OR TEMPORARY /\ / /$\/ DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGINEERING DEPT. PLATE CAE ROW HOLE RESTORATION NO D\PLA DRAWN: JEJ caENAMEES \Row REVISIONS TYPICAL PAVEMENT 0 TO 5 YEARS OLD 7 TYPICAL HOLE EXCAVATION � � N N r O TYPICAL RESTORATION w m z wZ 0 �w ^ TREET WIDTH (MAX. U a z z v? 0 SAW CUT � O 0 MILLED EDGE 00 0 CONSTRUCTION LANE LINE m JOINT m CONSTRUCTION JOINT LANE LINE N a 0 CONSTRUCTION U JOINT LANE LINE ;. CONSTRUCTION JOINT LANE LINE CONCRETE JOINT CONCRETE JOINT NOTE 1: BITUMINOUS PAVEMENT • FULL LANE REPLACEMENT OF BASE AND BINDER TO THE NEAREST CONSTRUCTION JOINT OR TRANSVERSE CRACK • FULL STREET WIDTH MILL AND OVERLAY OF WEARING COURSE NOTE 2: CONCRETE PAVEMENT • FULL PANEL REPLACEMENT FOR CONCRETE PAVEMENT NOTE 3: ALL OTHER TYPES OF SURFACES AND PAVEMENTS REPLACEMENT WITH IN —KIND MATERIALS DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGINEERING DEPT. PLATE CAE ROW HOLE RESTORATION NO D\PLA DRAWN: JEJ caENAMEES \Row REVISIONS TYPICAL PAVEMENT 0 TO 5 YEARS OLD 7 TYPICAL HOLE EXCAVATION mow � � N N N O TYPICAL RESTORATION w w H _ V) Z wZ o ^ TREEf WIDTH (MAX.) -I J z aQ U ? O SAW CUT 0-0 O MILLED EDGE 00 U H LANE LINE Q CD m LANE LINE - a N O CONCRETE JOINT CONCRETE JOINT U LANE LINE CONCRETE JOINT LANE LINE NOTE 1: BITUMINOUS PAVEMENT • FULL LANE REPLACEMENT OF BASE, BINDER, AND WEAR COURSE TO THE NEAREST CONSTRUCTION JOINT OR TRANSVERSE CRACK NOTE 2: CONCRETE PAVEMENT • FULL PANEL REPLACEMENT FOR CONCRETE PAVEMENT NOTE 3: ALL OTHER TYPES OF SURFACES AND PAVEMENTS • REPLACEMENT WITH IN —KIND MATERIALS DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD— ENGINEERING DEPT. PLATE CAD\PLA ROW HOLE R E S T O R AT I O N N° DRAWN: JEJ cAD \PLATES \Row REVISIONS TYPICAL PAVEMENT 5 YEARS OLD TO 5 YEAR CIP 8 TYPICAL HOLE EXCAVATION CV N O TYPICAL RESTORATION w m w� N wZ E o I- ----STREET WIDTH (MAX. J `z z_ z a� o �0 0 00 0� o LANE LINE m m LANE LINE - a N O U LANE LINE LANE LINE NOTE 1: BITUMINOUS PAVEMENT • REPLACE BASE, BINDER, AND WEARING COURSE FOR WIDTH OF HOLE PLUS 2 FEET ON EITHER SIDE OF CUT NOTE 2: CONCRETE PAVEMENT • REPLACE WIDTH OF HOLE PLUS 2 FEET ON EITHER SIDE OF CUT NOTE 3: ALL OTHER TYPES OF SURFACES AND PAVEMENTS • REPLACE WIDTH OF HOLE PLUS 2 FEET ON EITHER SIDE OF CUT DESIGN: DATE: 12 - 06 CITY OF IVAPLEWOOD- ENGINEERING DEPT. PLATE LENA ROW HOLE RESTORATION N° ca DRAWN: JEJ FI ENAME:ES \Row REVISIONS TYPICAL PAVEMENT IN 5 YEAR CIP OR HOLE PATCH 9 DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGINEERING DEPT. PLATE CAD\PLA ROW HOLE RESTORATION NO DRAWN: JEJ cAD \PLATES \Row REVISIONS TYPICAL PAVEMENT IN 2 YEAR CIP OR TEMPORARY SURFACE 1 TYPICAL HOLE EXCAVATION N N O TYPICAL RESTORATION w m w0 Zw 4Z wZ W o K p J - ��TREET WIDTH (MAX. t J z as � o � o a� g O O O O Q CONSTRUCTION LANE LINE a JOINT m '...'_ N CONSTRUCTION JOINT LANE LINE a o CONSTRUCTION JOINT LANE LINE CONSTRUCTION JOINT LANE LINE NOTE 1: BITUMINOUS PAVEMENT • REPLACE BASE, BINDER, AND WEARING COURSE FOR WIDTH OF HOLE ONLY NOTE 2: CONCRETE PAVEMENT • REPLACE WIDTH OF HOLE ONLY NOTE 3: ALL OTHER TYPES OF SURFACES AND PAVEMENTS • REPLACEMENT WITH IN —KIND MATERIALS FOR WIDTH OF HOLE ONLY DESIGN: DATE: 12 -06 CITY OF VAPLEWOOD- ENGINEERING DEPT. PLATE CAD\PLA ROW HOLE RESTORATION NO DRAWN: JEJ cAD \PLATES \Row REVISIONS TYPICAL PAVEMENT IN 2 YEAR CIP OR TEMPORARY SURFACE 1 o J 0 H � BITUMINOUS DRIVEWAY v v ROW W DRIP LINE 0 J O W (J) m Cn W Ld d O ~ Z GRAVEL ROAD DRIP LINE d d m m UTILI m CONCRETE r DRIVEWAY ~_ U U J H UTILITY 0 d O GRAVEL Li ° DRIVEWAY q m m m rt � � � NOTE: ALL UTILITY LINES MUST BE PUSHED UNDER ROADS, SHOULDERS, AND DRIVEWAYS UNLESS OTHER CONSTRUCTION METHODS ARE APPROVED BY THE LOCAL GOVERNMENT UNIT DESIGN: DATE: 12 - 06 CITY OF MAPLEWOOD- ENGINEERING DEPT. PLATE DRAWN: JEJ FILENAME:P:WORKS\ NO. CAD \PLATES \ROW REVISIONS TYPICAL ROAD PLAN 11 SECT A—A RESTORE GRAVEL SURFACE TRENCH G GRAVEL SURFACE TO ORIGINAL oswsnr ����������^o� nz~— � l ORIGINAL DENSITY SECTION B—B RESTORE GRAVEL SURFACE (PLOW OR TRENCH) SECTION A—A RESTORE GRAVEL SURFACE PLOW Q � D ATH NOTE: RESTORE ALL SURFACES TO ORIGINAL CONDITION WITH MATERIALS (IMPORTED OR FOUND ON SITE) DESIGN: DATE: 12 R E V 17S 1707N 7S C|TY OF MAPLBWDOD—ENG|NEER|N� DEPT. TYPICAL �[�—' DRIVEWAY, 4| �4� —— OR PATH RESTORATION PLATE NO. 1� � � n�������� TRENCH INSTALLATION i RESTORE SHOULDER TO ORIGINAL CONDITION WITH IN -KIND MATERIALS TOP SOIL SEED AND /OR SOD REPLACE SUBGRADE WITH W APPROVED COMPACTED FILL 1 OR GREATER TRENCH COMPACT SUBGRADE TO ORIGINAL DENSITY PLOW INSTALLATION 1 OR GREATER PLOW COMPACT SUBGRADE TO ORIGINAL DENSITY RESTORE SHOULDER TO ORIGINAL CONDITION WITH IN -KIND MATERIALS TOP SOIL SEED AND /OR SOD NOTE: RESTORE ALL SURFACES TO ORIGINAL CONDITION WITH IN -KIND MATERIALS (IMPORTED OR FOUND ON SITE) DESIGN: DATE: 12 -06 CITY OF MAPLEWOOD- ENGINEERING DEPT. PLATE DRAWN: JEJ FILENAME:P:WORKS\ NO. CAD \PLATES \ROW TYPICAL ROAD SHOULDER RESTORATION REVISIONS SECTION D -D 13 AGENDA NO. 1-1 AGENDA REPORT TO: City Council FROM: Finance RE: APPROVAL OF CLAIMS DATE: March 26, 2007 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 57,315.39 Checks # 72228 thru # 72267 dated 03/13/07 $ 185,901.28 Disbursements via debits to checking account dated 03/02/07 thru 03/08/07 $ 362,895.23 Checks # 722668 thru # 72309 dated 03/20/07 $ 324,252.94 Disbursements via debits to checking account dated 03/09/07 thru 03/15/07 $ 930,364.84 Total Accounts Payable PAYROLL $ 491,987.42 Payroll Checks and Direct Deposits dated 03/09/07 $ 2,802.49 Payroll Deduction check# 1001566 thru # 1001568 dated 03/09/07 $ 494,789.91 Total Payroll $ 1,425,154.75 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if ds attachments S:\CTY Lists and Reports 2007\Agenda Reports\03-26-07\1 1 Approval of Claims Check Register City of Maplewood 0310912007 Check Date 72228 72229 72230 72231 72232 72233 72234 72235 72236 72237 72238 72239 72240 72241 72242 72243 72244 72245 72246 72247 72248 72249 72250 72251 72252 72253 72254 72255 72256 72257 72258 72259 72260 72261 72262 72263 72264 72265 72266 72267 0311312007 03113/2007 0311312007 0311312007 0311312007 0311312007 0311312007 0310912007 0310912007 0310912007 0311212007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0311312007 0091' 01018 01504 01504 01190 01809 01083 1 0 0 01936 00300 0 0 00 00 00 i 1 00789 r 03729 00932 00001 00001 00 000 00001 00001 00 000 00001 r i 03398 03398 r 3 r 1 NICK FRANZEN MRPA MINNEAPOLIS FINANCE DEPT NATURAL RESOURCES RESTOR INC CITY OF ST PAUL CITY OF ST PAUL XCELENERGY AGGREGATE INDUSTRIES NCR INC MDRA SUMMIT INSPECTIONS DEPT OF PUBLIC SAFETY ANIMAL CONTROL SERVICES INC CHAD BERGO JASON BRASH CLAREYS SAFETY EQUIPMENT CHARLES DEAVER DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. RICHARD DOBLAR MARY JO HOFMEISTER IMPERIAL IMPRESSIONS KATH FUEL OIL SERVICE CO KNAAK & KANTRUD PA KNAAK & KANTRUD PA MAPLEWOOD BAKERY ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR POSTMASTER POSTMASTER SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SHAMROCK GROUP SHAMROCK GROUP SHAMROCK GROUP CITY OF ST PAUL T R F SUPPLY CO. THEODORE PRESTON PRODUCTIONS ULTIMATE MARTIAL ARTS INC UNIQUE PAVING MATERIALS CORP THE WATSON CO INC 40 Checks in this report. Description REIMS MILEAGE,INT,CELL 1127 -2128 EMPLOYMENT AD AUTO PAWN SYSTEM FEE - JAN CUTTING & REMOVAL OF DEAD TREES MONTHLY WIRELESS REPORTING FEE - TUITION FEE - BACKGROUND ELECTRIC UTILTIY WINTER SAND NEW TO FLEET TRAINING ELECTRICAL INSPECTIONS TILTS TRANSFER & LICENSING PATROL & BOARDING FEE 2112 - 2125 REIMB MILEAGE,INT,PCS 211 - 317 REIMB FOR MAPMO MEETINGS REPAIR VEHICLE REIMB FOR MILEAGE 112 - 312 TOW FORFEITURE VEHICLE TOW VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE REIMB FOR TUITION & BOOKS REIMB FOR MILEAGE 1123 - 2115 ACCIDENT ENVELOPES UNLEADED MID -GRADE (89 OCTANE) LEGAL SERVICES - FEB PROSECUTION SERVICES - FEB MDSE FOR RESALE REFUND L PECHAN - OVERPMT AMB REFUND M HASSAN - OVERPD AMB REFUND EMMA NORTON SERVICES - REFUND EMMA NORTON SERVICES - REFUND A ERICKSON - OVERPD AMB REFUND J LARKIN - NOT PD BCBS REFUND A VU - MEMBERSHIP REFUND K PFAFF - MEMBERSHIP REFUND M LINDSTROM - NOT PD MAILING CITY NEWS - PERMIT 4903 STANDARD MAIL PERMIT 625 GYM SUPPLIES GYM SUPPLIES GYM SUPPLIES MDSE FOR RESALE MDSE FOR RESALE MDSE FOR RESALE BOARDING SERVICE FOR K9 JAGR. TOWELS, EAR PLUGS & SAFETY 50TH ANNIV CELEBRATION - BALLOONS KIDSMART INSTRUCTOR 2111 WINTER PATCH MATERIAL MDSE FOR RESALE Amount 171.93 100.00 412.00 2,769.00 3,798.00 125.00 1,125.74 1,494.49 10.00 1,717.00 121.00 1,234.47 122.21 60.00 1,580.03 29.59 122.48 122.48 111.83 111.83 111.83 90.53 488.78 13.82 180.59 15, 734.52 8,250.00 8,250.00 358.57 750.00 669.00 290.70 145.38 61.22 36.21 36.21 25.56 20.00 4,000.00 160.00 517.14 208.67 173.31 121.00 121.00 62.00 105.00 493.06 10.99 136.00 156.98 198.24 a r .3 1 D.ozl 4 CITY OFMAPLEW0OD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 03/01/07 03/02/07 K4N State Treasurer Drivers License/Deputy Registrar 87.431.50 03101/07 03/02107 Discover Credit Card fees 198.48 03/01/07 03/02/07 K4N Dept of Natural Resources DNR electronic licenses 1 03/02/07 03/05/07 K4N State Treasurer Drivers Lioense/DeputyFlegistnor 12.300.80 03/05/07 03/00/07 K4N State Treasurer Drivers License/Deputy Registrar 11.784.43 03/06/07 03/07/07 MN State Treasurer Drivers Licanoe/DeputyRagintnar 37 03/02/07 03/07/07 US Bank VISA One Card* Purchasing card items 34.344.05 03/07/07 03/08/07 MIN State Treasurer Drivers License/Deputy Registrar 21.485.07 TOTAL 18590128 *Detailed listing of VISA purchases is attached. Visa Transactions 02/17/07 to 03/02/07 Trans Date Posting Date Merchant Name 2/21/2007 2/23/2007 ANDON BALLOONS INC - 2/22/2007 2/23/2007 TARGET 00011858 2/23/2007 2/26/2007 FACTORY CARD OUTLET #284 2/15/2007 2/19/2007 DAVIS LOCK & SAFE 2/16/2007 2/19/2007 UTILITY CHEMICALS 2/19/2007 2/19/2007 SPRINT *WIRELESS SVCS 2/21/2007 2/23/2007 DAVIS LOCK & SAFE 2/21/2007 2/26/2007 CRAMER BLDG SERVICES INC 2/28/2007 3/1/2007 HUNT ELECTRIC CORPORATION 2/2812007 3/1/2007 HUNT ELECTRIC CORPORATION 2/28/2007 3/1/2007 HUNT ELECTRIC CORPORATION 2/20/2007 2/21/2007 S & T OFFICE PRODUCTS 2/23/2007 2/26/2007 SEARS ROEBUCK 1122 2/19/2007 2/20/2007 SPARTAN PROMOTIONAL GRP 2/22/2007 2/23/2007 SPARTAN PROMOTIONAL GRP 2/24/2007 2/26/2007 DEX EAST- LOCKBOX 2/26/2007 2/27/2007 FEDEX KINKO'S #0617 2/26/2007 2/27/2007 US DATA CORPORATION 2/2012007 2/22/2007 TWIN CITY HARDWARE HALE 2/20/2007 2/22/2007 THE HOME DEPOT 2810 2/27/2007 2/28/2007 PETCO1650 63516504 2/16/2007 2/19/2007 BEST BUY MHT 00000109 2/27/2007 2/28/2007 H.E. REHAB- MAPLEWOOD 2/15/2007 2/19/2007 SETON NAME PLATE COMPANY 2/15/2007 2/19/2007 OFFICE MAX 2/16/2007 2/19/2007 MENARDS 3059 2/16/2007 2/19/2007 PLAZA TV & APPLIANCE -3 2/22/2007 2/26/2007 THE HOME DEPOT 2801 2/23/2007 2/26/2007 OFFICE MAX 2/13/2007 2/19/2007 HEWLETT PACKARD 2/16/2007 2/19/2007 NARDINI FIRE EQUIPMENT 2/16/2007 2/19/2007 NARDINI FIRE EQUIPMENT 2/26/2007 2/28/2007 SPRINT PCS- 995 -SP WEB 2/27/2007 2/28/2007 ATT* SERVICE 2/27/2007 2/28/2007 QWESTCOMM *TN651 2/17/2007 2/19/2007 BARNES & NOBLE.COM 2/20/2007 2/22/2007 WWW.CIRCUITCITY.COM 2/20/2007 2/26/2007 HEWLETT PACKARD 2/21/2007 2/22/2007 SYX *TIGERDIRECT.COM 2/22/2007 2/26/2007 OFFICE MAX 2/22/2007 2/26/2007 OFFICE DEPOT #1090 2/2612007 2/27/2007 SYX *TIGERDIRECT.COM 2/28/2007 3/1/2007 SYX *TIGERDIRECT.COM 2/19/2007 2/20/2007 OFFICE DEPOT #1090 2/22/2007 2/23/2007 U OF M CCE 2/22/2007 2/26/2007 TARGET 00012351 2/15/2007 2/19/2007 OFFICE DEPOT #1090 2/16/2007 2/19/2007 OFFICE DEPOT #1090 $92.66 MANDY ANZALDI $4.62 MANDY ANZALDI $37.08 MANDY ANZALDI $10.65 JIM BEHAN $1,102.70 JIM BEHAN $45.50 JIM BEHAN $38.34 JIM BEHAN $37.51 JIM BEHAN $669.73 JIM BEHAN $170.00 JIM BEHAN $603.07 JIM BEHAN $62.50 OAKLEY BIESANZ $38.32 TROY BRINK $260.90 HEIDI CAREY $293.22 HEIDI CAREY $35.95 HEIDI CAREY $178.92 HEIDI CAREY $750.00 HEIDI CAREY $38.94 CHARLES DEAVER $18.97 CHARLES DEAVER $14.37 CHARLES DEAVER $127.76 RICHARD DOBLAR $25.00 THOMAS G EKSTRAND $122.55 LARRY FARR $37.91 LARRY FARR $424.76 LARRY FARR $20.00 LARRY FARR $52.83 LARRY FARR $18.05 LARRY FARR $119.00 MYCHAL FOWLDS $93.00 MYCHAL FOWLDS $225.00 MYCHAL FOWLDS $122.52 MYCHAL FOWLDS $1,013.60 MYCHAL FOWLDS $66.45 MYCHAL FOWLDS $122.42 NICK FRANZEN $248.76 NICK FRANZEN $28.70 NICK FRANZEN $125.18 NICK FRANZEN $13.83 NICK FRANZEN $148.56 NICK FRANZEN $267.42 NICK FRANZEN $26.93 NICK FRANZEN $50.10 PATRICIA FRY $165.00 VIRGINIA GAYNOR $42.19 VIRGINIA GAYNOR $321.98 JEAN GLASS ($38.32) JEAN GLASS 2/22/2007 2/26/2007 OFFICE DEPOT #1090 $364.66 JEAN GLASS 2/16/2007 2/19/2007 CUB FOODS, INC. $26.48 MIKE GRAF 2/2112007 2/22/2007 CLOVER SUPER FOODS $197.21 MIKE GRAF 2/24/2007 2/26/2007 JOANN ETC #1970 $10.26 MIKE GRAF 2/15/2007 2/19/2007 BORDERS BOOKS 01002526 $16.15 JANET M GREW HAYMAN 2/22/2007 2/26/2007 BLUE RIBBON BAIT & TACKLE $5.48 JANET M GREW HAYMAN 2/27/2007 3/1/2007 BLUE RIBBON BAIT & TACKLE $6.18 JANET M GREW HAYMAN 11 Visa Transactions 02/17/07 to 03/02/07 Trans Date Posting Date Merchant Name 2/15/2007 2/19/2007 OFFICE DEPOT #1090 2/15/2007 2/19/2007 OFFICE DEPOT #1090 2/21/2007 2/23/2007 INT'L INST OF MUNI CLE 2/23/2007 2/26/2007 OFFICE MAX 2/23/2007 2/26/2007 OFFICE DEPOT #1090 2/27/2007 3/1/2007 OFFICE DEPOT #1090 2/28/2007 3/2/2007 OFFICE DEPOT #1090 2/21/2007 2/22/2007 SOI *SNAP -ON INDUSTRIAL 2/21/2007 2/23/2007 OFFICE DEPOT #1090 2/2412007 2/26/2007 OFFICE DEPOT #1090 2/26/2007 2/28/2007 CUSTOMER SUPT CENTER 2/28/2007 3/2/2007 OFFICE DEPOT #1090 2/17/2007 2/19/2007 THE HOME DEPOT 2801 2/18/2007 2/20/2007 MILLS FLEET FARM #27 2/24/2007 2/26/2007 MENARDS 3059 3/1/2007 3/2/2007 MENARDS 3059 2/16/2007 2/19/2007 STREAMLINE DESIGN INC 2/20/2007 2/21/2007 POOLTOY.COM 2/2712007 2/28/2007 MENARDS 3059 2/19/2007 2/20/2007 ADAMS PEST CONTROL 2/20/2007 2/22/2007 WORKBOOT WAREHOUSE 2/26/2007 2/28/2007 THE HOME DEPOT 2801 2/16/2007 2/19/2007 HENRIKSEN ACE HARDWARE 2/23/2007 2/26/2007 THE HOME DEPOT 2801 2/21/2007 2/23/2007 DAVIS LOCK & SAFE 2/21/2007 2/23/2007 MICHAELS #2744 2/23/2007 2/26/2007 MENARDS 3059 3/1/2007 3/2/2007 HENRIKSEN ACE HARDWARE 2/20/2007 2/21/2007 NAT ASSO OF TOWN WATCH 2/23/2007 2/26/2007 SUPREME AUDIO INC 2/28/2007 3/1/2007 TARGET 00011858 3/1/2007 3/2/2007 FITNESS WHOLESALE INC 3/1/2007 3/2/2007 VZWRLSS *APOCC VISN 2/23/2007 2/26/2007 INTL NARCOTIC ENFORCEMENT 2/14/2007 2/23/2007 DALCO ENTERPRISES, INC 2/26/2007 3/2/2007 DALCO ENTERPRISES, INC 2/16/2007 2/19/2007 FERGUSON ENT #1650 2/16/2007 2/19/2007 CUB FOODS, INC. 2/21/2007 2/23/2007 METRO SALES INC 2/22/2007 2/26/2007 ASPEN MILLS 8005717343 2/22/2007 2/26/2007 ASPEN MILLS 8005717343 2/2212007 2/26/2007 ASPEN MILLS 8005717343 2/22/2007 2/26/2007 ASPEN MILLS 8005717343 2/28/2007 3/2/2007 AIRGAS NORTH CENTRAL 3/1/2007 3/2/2007 HENNEPIN COUNTY MEDICAL C 2/15/2007 2/19/2007 OFFICE MAX 2/20/2007 2/22/2007 THE UPS STORE #2171 2/22/2007 2/26/2007 OFFICE MAX 2/26/2007 2/27/2007 HENRIKSEN ACE HARDWARE 2/15/2007 2/19/2007 ON SITE SANITATION INC 2/2612007 2/28/2007 MILLS FLEET FARM #27 2/27/2007 3/1/2007 VIKING INDUSTRIAL CENTER 2/22/2007 2/23/2007 CHANNING BETE CO - 2/28/2007 3/1/2007 METROCALL ARCH WIRE 2/23/2007 2/26/2007 S & T OFFICE PRODUCTS Trans Amount Name $78.81 KAREN E GUI $61.86 KAREN E GUI $30.00 KAREN E GUI $69.75 KAREN E GUI $57.78 KAREN E GUI $348.82 KAREN E GUI $125.33 KAREN E GUI $264.91 MARK HAAG $41.65 LORI HANSON $14.56 LORI HANSON $339.38 LORI HANSON $71.69 LORI HANSON $44.62 PATRICK HEF $7.98 PATRICK HEF $21.21 PATRICK HEF $25.41 PATRICK HEF $355.60 RON HORWA $105.83 RON HORWA $4.12 RON HORWA $69.23 ANN E HUTCH $89.00 DAVID JAHN $27.65 DAVID JAHN $4.44 KEVIN JOHNS $8.01 KEVIN JOHNS $21.30 TOM KALKA $12.95 TOM KALKA $8.05 TOM KALKA $7.40 TOM KALKA $25.00 FLINT KARTS $231.80 MARY B KOEH $51.07 MARY B KOEH $290.65 MARY B KOEH $66.20 DUWAYNE KO $40.00 DAVID KVAM $121.64 MICHAEL LIDS $522.36 MICHAEL LIDS $48.35 DENNIS LIND O $62.81 STEVE LUKIN $336.18 STEVE LUKIN $902.00 STEVE LUKIN $71.90 STEVE LUKIN $28.55 STEVE LUKIN $176.55 STEVE LUKIN $816.59 STEVE LUKIN $110.00 STEVE LUKIN $6.38 DAN MARTIN $13.00 DAN MARTIN $10.20 DAN MARTIN $1.48 DAN MARTIN $67.51 MARK MARUS $117.03 MARK MARUS $174.83 MARK MARUS $53.50 JON A MELAN $3.46 ED NADEAU {$10.09) JEAN NELSON LFOILE LFOILE LFOILE LFOILE LFOILE LFOILE LFOILE FERNAN FERNAN FERNAN FERNAN TH TH TH INSON ON ON NEN NEN NEN NEWKO ERG ERG RFF KA KA KA DER Visa Transactions 02/17/07 to 03/02/07 Trans Date Posting Date Merchant Name 2/27/2007 3/1/2007 RYCO SUPPLY COMPANY 2/16/2007 2/19/2007 OFFICE MAX 2/16/2007 2/19/2007 OFFICE DEPOT #1090 2/19/2007 2/21/2007 OFFICE DEPOT #1090 2/28/2007 3/2/2007 OFFICE DEPOT #1090 2/23/2007 2/26/2007 THE HOME DEPOT 2801 2/23/2007 2/26/2007 ANCOM TECHNICAL CENTER IN 2/15/2007 2/19/2007 OFFICE DEPOT #1090 2/15/2007 2/19/2007 OFFICE DEPOT #1090 2/2412007 2/26/2007 KATH AUTO PARTS NSP 2/24/2007 2/26/2007 KATH AUTO PARTS NSP 2/21/2007 2/22/2007 BATTERY SPECIALISTS 2/22/2007 2/23/2007 CC MILITARY SURPLUS LL 2/22/2007 2/26/2007 CVS PHARMACY #1751 Q03 2/23/2007 2/26/2007 HENRIKSEN ACE HARDWARE 2/23/2007 2/26/2007 CC MILITARY SURPLUS LL 2/23/2007 2/26/2007 OFFICE MAX 2/23/2007 2/26/2007 CASE CLUB 2/2412007 2/26/2007 MEDCO SUPPLY 2/24/2007 2/26/2007 FEDEX SHP 02/21/07 AB# 2/27/2007 2/28/2007 BEST BUY MHT 00000109 2/27/2007 2/28/2007 CC MILITARY SURPLUS LL 3/1/2007 3/2/2007 HENRIKSEN ACE HARDWARE 3/1/2007 3/2/2007 HENNEPIN COUNTY MEDICAL C 2/23/2007 2/26/2007 SCANTRON 2/26/2007 2/27/2007 TARGET 00011858 2/27/2007 3/1/2007 S & W HEALTHCARE CORP 2/22/2007 2/23/2007 U OF M CCE 2/27/2007 2/28/2007 AMERICAN PUBLIC WORKS 3/1/2007 3/2/2007 GE CAPITAL 2/15/2007 2/19/2007 KATH AUTO PARTS NSP 2/16/2007 2/19/2007 KATH AUTO PARTS LC 2/16/2007 2/19/2007 KATH AUTO PARTS NSP 2/16/2007 2/19/2007 KATH AUTO PARTS NSP 2/20/2007 2/22/2007 TOUSLEY FORD 127200039 2/21/2007 2/22/2007 MENARDS 3059 2/21/2007 2/23/2007 KATH AUTO PARTS NSP 2/21/2007 2/23/2007 FACTORY MOTOR PARTS #19 2/21/2007 2/23/2007 FACTORY MOTOR PARTS #19 2/21/2007 2/23/2007 CATCO PARTS &SERVICE 2/22/2007 2/26/2007 COMO LURE & SUPPLIES 2/2212007 2/26/2007 KATH AUTO PARTS NSP 2/23/2007 2/26/2007 KATH AUTO PARTS NSP 2/23/2007 2/26/2007 KATH AUTO PARTS NSP 2/23/2007 2/26/2007 KATH AUTO PARTS NSP 2/23/2007 2/26/2007 OXYGEN SERVICE CO INC 2/23/2007 2/26/2007 BOYER FORD TRUCKS INC 2/23/2007 2/26/2007 JOHN FRYE DISTRIBUTING 2/23/2007 2/26/2007 CATCO PARTS &SERVICE 2/26/2007 2/27/2007 LITTLE FALLS MACHINE INC 2/2612007 2/28/2007 TOUSLEY FORD 127200039 2/28/2007 3/1/2007 FORCE AMERICA 2/28/2007 3/2/2007 HYDRAULICS SPECIALITY 3/1/2007 3/2/2007 GENERATOR SPECIALTY CO 3/1/2007 3/2/2007 EDEN PRAIRIE TUITION OFFI C QUIST LT NK K HALL SON SON LL LL LL LL LL LL LL LL LL LL LL LL LL HTEL -iTEL HTEL FER FER dFER $9 1. 4 0 y NELS $174.64 AMY NIVEN AMY AMY $80.21 AMY NIVEN $19.93 RICHARD NOR $196.33 y• y • y • $257.29 MARY y PAL $99.72 KATHLEEN PEq, ROBERT PETE $51.89 ROBERT $79.90 PHILIP F POWE $38.24 POWE • i, PHILIP F POWE $40.73 PHILIP F POWE $27.70 PHILIP F POWE $65.24 PHILIP F POWE $158.64 • • POWE $16.93 POWE $39.10 $140.56 PHILIP F POWE $133.95 PHILIP F POWE $63.15 PHILIP F POWE :! PHILIP F .O ROBERT PREC $195.98 ROBERT PREC $ •i 11 ROBERT PREC $165.00 . PRIq $802.50 WILLIAM J .. $331.22 WILLIAM J .. $50.78 STEVEN PRIEM $20.49 STEVEN PRIEM 4! STEVEN PRIEM STEVEN PRIEM $193.53 STEVEN PRIEM $429.76 STEVEN PRIEM $229.89 STEVEN PRIEM $44.69 STEVEN PRIEM is STEVEN PRIEM $29.18 STEVEN PRIEM $50.59 STEVEN PRIEM $26.77 STEVEN PRIEM ($114.95) STEVEN PRIEM $71.50 STEVEN PRIEM ., STEVEN PRIEM $224.29 STEVEN PRIEM $216.17 PRIEM •- .. $154.69 STEVEN PRIEM $30.37 STEVEN PRIEM $282.40 STEVEN PRIEM ii STEVEN PRIEM $95.00 STEVEN PRIEM C QUIST LT NK K HALL SON SON LL LL LL LL LL LL LL LL LL LL LL LL LL HTEL -iTEL HTEL FER FER dFER Visa Transactions 02/17/07 to 03/02/07 Trans Date Posting Date Merchant Name Trans Amount Name 3/1/2007 3/2/2007 EDEN PRAIRIE TUITION OFF1 $95.00 STEVEN PRIEM 3/1/2007 3/2/2007 GOPHER BEARING COMPANY IN $150.27 STEVEN PRIEM 2/22/2007 2/23/2007 SPRINT *WIRELESS SVCS $2,003.99 KEVIN RABBETT 2/22/2007 2/26/2007 SHRED -IT $66.60 KEVIN RABBETT 2/28/2007 3/1/2007 DON' PAINT & BODY SHOP $438.99 KEVIN RABBETT 2/24/2007 2/26/2007 THE STAR TRIBUNE- ADVERTIS $743.40 TERRIE RAMEAUX 2/14/2007 2/19/2007 DALCO ENTERPRISES, INC $782.52 MICHAEL REILLY 2/23/2007 2/26/2007 HILLYARD INC MINNEAPOLIS $1,547.41 MICHAEL REILLY 2/16/2007 2/19/2007 OAKD.CIN #488 Q25 $28.75 AUDRA ROBBINS 2/1912007 2/20/2007 CUB FOODS, INC. $43.74 AUDRA ROBBINS 2/20/2007 2/21/2007 WAL MART $28.64 AUDRA ROBBINS 2/20/2007 2/22/2007 KATH AUTO PARTS NSP $6.82 ROBERT RUNNING 2/20/2007 2/22/2007 AUSTIN HARDWARE RAYTWN $63.79 ROBERT RUNNING 2/23/2007 2/26/2007 OXYGEN SERVICE CO INC $74.59 ROBERT RUNNING 2/27/2007 3/1/2007 THE HOME DEPOT 2801 $27.72 ROBERT RUNNING 2/26/2007 2/28/2007 TGI FRIDAY'S #0472 $110.70 HARRIET J RYDEL 2/28/2007 3/2/2007 OFFICE DEPOT #1090 $124.51 HARRIET J RYDEL 3/1/2007 3/2/2007 GE CAPITAL $43.67 HARRIET J RYDEL 2/2212007 2/26/2007 SHRED -IT $17.65 DEB SCHMIDT 2/20/2007 2/21/2007 ST PAUL STAMP WORKS INC $36.65 MICHAEL SHORTREED 2/20/2007 2/22/2007 J & L SELF DEFENSE $210.78 MICHAEL SHORTREED 2/27/2007 3/1/2007 AUTO GLASS SPECIALISTS -MN $213.49 MICHAEL SHORTREED 3/1/2007 3/2/2007 RAY ALLEN MFG CO INC $97.90 MICHAEL SHORTREED 2/27/2007 3/2/2007 DE LACE LANDEN OP01 OF 01 $323.76 ANDREA SINDT 2/16/2007 2/19/2007 GRANDMA'S BAKERY $274.00 PAULINE STAPLES 2/21/2007 2/22/2007 FEDEX KINKO'S #0617 $216.30 PAULINE STAPLES 2/21/2007 2/22/2007 BACHMAN'S INC #0004 $126.74 PAULINE STAPLES 2/22/2007 2/26/2007 GRANDMA'S BAKERY $64.75 PAULINE STAPLES 2/23/2007 2/26/2007 OFFICE MAX $41.62 PAULINE STAPLES 2/19/2007 2/20/2007 METRO SALES INC $940.00 JOANNE M SVENDSEN 2/27/2007 3/1/2007 STREAMLINE DESIGN INC $786.50 DOUGLAS J TAUBMAN 3/1/2007 3/2/2007 T- MOBILE $128.75 DOUGLAS J TAUBMAN 2/21/2007 2/22/2007 QWESTCOMM *TN651 $342.00 JUDY TETZLAFF 2/23/2007 2/26/2007 QWESTCOMM *TN651 $57.57 JUDY TETZLAFF 2/24/2007 2/26/2007 COMCAST CABLE COMM $117.33 JUDY TETZLAFF 2/15/2007 2/19/2007 OFFICE DEPOT #1090 $159.24 SUSAN ZWIEG 2/16/2007 2/19/2007 TARGET 00022004 $3.17 SUSAN ZWIEG 2/27/2007 2/28/2007 GAL *GALLS INC $234.21 SUSAN ZWIEG 2/27/2007 3/1/2007 QUILL CORPORATION $225.54 SUSAN ZWIEG $34,344.05 7 Check Register City of Maplewood Check Date Vendor 93.72 72268 0312012007 01973 ERICKSON OIL PRODUCTS INC 72269 03/2012007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 03 -07 HWY 61 ST IMPROVEMENTS 0312012007 02728 KIMLEY -HORN & ASSOCIATES INC ELECTRIC & GAS UTILITY 03/2012007 02728 KIMLEY -HORN & ASSOCIATES INC 72270 03/2012007 01360 REINHART FOODSERVICE 72271 03/2012007 01504 CITY OF ST PAUL FIRE SIRENS 0312012007 01504 CITY OF ST PAUL 72272 0312012007 01190 XCEL ENERGY H R SERVICES 216 - 2128 0312012007 01190 XCEL ENERGY LANDSCAPE DESIGN FOR CAMPUS 0312012007 01190 XCEL ENERGY APPLICANT BACKGROUND CHECKS 0312012007 01190 XCEL ENERGY DIFFERENTIAL- REBUILD 03/2012007 01190 XCEL ENERGY DEER SURVEY 03/2012007 01190 XCEL ENERGY PROJ 04 -21 GLADSTONE MASTER PLAN - 03/2012007 01190 XCEL ENERGY 72273 0312012007 03613 ACTION IMPRINTS 72274 0312012007 00111 ANIMAL CONTROL SERVICES INC 72275 0312012007 00181 BERWALD ROOFING CO INC 72276 0312012007 03738 BETHEL & ASSOCIATES, PA REFUND M TURNER - AMB 03007423 0312012007 03738 BETHEL & ASSOCIATES, PA 72277 03/2012007 00204 BONESTROO & ASSOCIATES 72278 03/2012007 00211 BRAUN INTERTEC CORP. 72279 03/2012007 00240 C.S.C. CREDIT SERVICES 72280 0312012007 01834 CANADIAN PACIFIC RAILWAY CO 72281 0312012007 03347 CATCO PARTS & SERVICE 72282 0312012007 00494 CHILDREN HOME & FAMILY SERVICE 72283 0312012007 03638 COMPLETE HELICOPTERS INC 72284 0312012007 00668 STEVEN HIEBERT 72285 03/2012007 03330 HOISINGTON KOEGLER GROUP INC 72286 03/2012007 00483 IDEACOM MID - AMERICA 72287 03/2012007 03815 KEEPRS, INC. 72288 0312012007 01126 MN NCPERS LIFE INSURANCE 72289 0312012007 01057 MN SAFETY COUNCIL 72290 0312012007 00001 ONE TIME VENDOR 72291 0312012007 00001 ONE TIME VENDOR 72292 0312012007 00001 ONE TIME VENDOR 72293 03/2012007 00001 ONE TIME VENDOR 72294 03/2012007 00001 ONE TIME VENDOR 72295 03/2012007 00001 ONE TIME VENDOR 72296 0312012007 00001 ONE TIME VENDOR 72297 0312012007 00001 ONE TIME VENDOR 72298 0312012007 01941 PATRICK GRAPHICS & TROPHIES 72299 0312012007 03840 REAL LIFE VIDEO 72300 0312012007 01409 S.E.H. 03/2012007 01409 S.E.H. 03/2012007 01409 S.E.H. 03/2012007 01409 S.E.H. 0312012007 01409 S.E.H. 0312012007 01409 S.E.H. 0312012007 01409 S.E.H. 0312012007 01409 S.E.H. 0312012007 01409 S.E.H. 03/2012007 01409 S.E.H. 72301 03/2012007 01463 SISTER ROSALIND GEFRE 72302 03/2012007 01578 T R F SUPPLY CO. 72303 0312012007 03598 PAUL THEISEN 72304 0312012007 03074 TOTAL REFRIGERATION SYS INC 72305 0312012007 01580 TSE, INC. Description Amount CAR WASHES - FEB 93.72 PROJ 06 -16 PROF SRVS THRU 1131 63,792.14 PROJ 06 -17 PROF SRVS THRU 1131 56,745.49 PROJ 04 -21 PROF SRVS THRU 1131 4,070.40 MDSE FOR RESALE 331.36 PROJ 03 -07 HWY 61 ST IMPROVEMENTS 67,244.46 CRIME LAB SERVICES - FEB 120.00 ELECTRIC & GAS UTILITY 18,480.54 ELECTRIC UTILITY 12,492.49 ELECTRIC & GAS UTILITY 9,031.84 ELECTRIC & GAS UTILITY 4,893.02 EQUIPMENT LOAN 756.64 ELECTRIC & GAS UTILITY 624.57 FIRE SIRENS 46.03 TRAVEL MUGS, SET -UP CHARGE & 614.50 PATROL & BOARDING FEE 2126 - 3111 952.16 36" GALVANIZED METAL 112.00 H R SERVICES 216 - 2128 4,951.50 ADDL EMP RELATIONS SRVS 1211 - 217 2,875.00 LANDSCAPE DESIGN FOR CAMPUS 1,680.25 PROJ 06 -16 PROF SRVS THRU 2123 396.00 APPLICANT BACKGROUND CHECKS 50.44 LEASE 28480 -WATER LINE & SANITARY 500.00 DIFFERENTIAL- REBUILD 3,141.75 YOUTH DIVERSION PROG - FEB 3,526.08 DEER SURVEY 412.50 REIMS FOR GUN LOCKER 2128 94.91 PROJ 04 -21 GLADSTONE MASTER PLAN - 12,559.02 REPLACEMENT PHONE 56.18 POLICE K9 EQUIPMENT PACKAGES 568.50 PERA LIFE INS - MARCH 348.00 MEMBERSHIP DUES 336.00 REFUND J WILLIS - AMB 03004482 721.50 REIMB S JOHNSON - PROJ 05 -16 IRR 540.00 REFUND D MORRISON - SOFTBALL 375.00 REFUND S MCKUSICK - AMB 06007299 219.00 REFUND T STEINBRING - SOFTBALL 200.00 REFUND M TURNER - AMB 03007423 82.00 REFUND M W U - AMB 06009100 70.00 REFUND J BANICK - MEMBERSHIP 39.93 BASKETBALL TROPHIES 2,666.87 VIDEO TECHNICIAN SERVICES 570.00 PROJ 04 -21 PROF SRVS - JAN 38,732.59 PROJ 06 -17 PROF SRVS - JAN 31,475.55 PROJ 06 -05 PROF SRVS - JAN 2,739.12 PROJ 04 -22 PROF SRVS - JAN 2,322.59 PROJ 03 -20 PROF SRVS - JAN 1,941.79 PROF SRVS - JAN 716.31 PROJ 03 -04 PROF SRVS - JAN 644.32 PROJ 06 -02 PROF SRVS - JAN 574.94 PROJ 04 -05 PROF SRVS - JAN 220.50 PROJ 06 -16 PROF SRVS - JAN 9.50 MCC MASSAGES - FEB 2,734.00 SAFETY GLOVES & GLASSES 568.70 REIMB FOR UNIFORM ALLOWANCE 2119 190.00 REFRIGERATION UNIT PREV MAINT 134.04 JANITORIAL SERVICES 1121 - 2117 445.50 Check Register City of Maplewood Check Date 72306 0312012007 72307 03/20/2007 72308 03/2012007 72309 03/2012007 Vendor 01695 UNITED RENTALS, INC. 03753 VEOLIA ENVIRONMENTAL SERVICES 01750 THE WATSON CO INC 03701 WITZEL TREE MOVING INC 42 Checks in this report. Description Amount HAMMERDRILL / IMPACT WRENCH 319.45 DUMPSTER SERVICE - DEMO 457.39 MDSE FOR RESALE 247.15 PROJ 05 -16 TRANSPLANT TREES 1,040.00 A CITY OF MApLBNDDD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/08/07 03X}8/O7 U3/OO/07 03/0A/O7 O3/0A/O7 03/O8/O7 03/OA/O7 03/09/07 O3/12/07 U3/OQ/07 03/OD/O7 O3/0A/O7 O3/0A/O7 03/13/O7 03/14/O7 03/14/07 O3/09/07 U3X}8X}7 U3/U8/O7 U3/12/07 U3/12/07 03/12/O7 03/12/O7 O3/12/07 O3/13/07 U3/13/O7 U3/13/O7 U3/13/07 O3/13/07 03/14/O7 03/15/O7 O3/1G/O7 MN State Treasurer |CMA(VantaQapointa) K4N Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.& |CMA(Vantagepointe) Orchard Trust MN State Treasurer MN State Treasurer VV| Dept ufRevenue MidAmerico ' |NG Labor Unions MN State Treasurer MN State Treasurer ARC Administration I I [Q I F- Description Drivers License/Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License/Deputy Registrar Federal Payroll Tax P. E.R.A. RHS Deferred Compensation Drivers Lioenae/DeputyRegietrar State Payroll Tax State Payroll Tax HRA Rex plan Union Dues Drivers License/Deputy Registrar Drivers License/Deputy Registrar DCRP& Flex plan payments Amount 15.477.55 5,508.66 3,005.00 15,963.43 103,694.13 07 5,584.02 24.231.00 18,877.50 19,626.21 088.57 1,899.16 2,986.71 20,289.83 13 5,550.67 iff CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03/09/07 CAVE, REBECCA 397.80 03/09107 HJELLE, ERIK 397.80 03/09107 JUENEMANN, KATHLEEN 397.80 03/09/07 ROSSBACH, WILLIAM 397.80 03/09107 COPELAND, EUGENE 3,090.00 03/09107 RYDEL, HARRIET 1,565.60 03/09107 FARR, LARRY 1,970.21 03/09/07 SWANSON, LYLE 1,761.17 03/09107 ARNOLD, AJLA 735.00 03/09107 RAMEAUX, THERESE 2,826.96 03/09/07 SCHMIDT, DEBORAH 1,695.76 03/09/07 ANDERSON, CAROLS 2,373.37 03/09/07 BAUMAN, GAYLE 23,011.62 03/09107 DEBILZAN, JUDY 810.00 03/09/07 JACKSON, MARY 1,928.58 03/09107 KELSEY, CONNIE 2,405.98 03/09107 TETZLAFF, JUDY 2,659.34 03/09107 FRY, PATRICIA 1,799.83 03/09/07 GUILFOILE, KAREN 3,491.86 03/09107 MORSON, JOHN 552.00 03/09107 SPANGLER, EDNA 1,200.69 03/09107 ANDERSON, SUZANNE 678.75 03/09107 JAGOE, CAROL 1,728.46 03/09/07 KELLY, LISA 1,152.35 03/09107 MECHELKE, SHERRIE 1,046.94 03/09/07 MOY, PAMELA 1,187.37 03/09/07 OSTER, ANDREA 1,839.18 03/09/07 WEAVER, KRISTINE 1,893.35 03/09107 CORCORAN, THERESA 1,726.15 03/09/07 POWELL, PHILIP 2,466.23 03/09107 RICHIE, CAROLE 1,764.58 03/09107 THOMALLA, DAVID 4,429.00 03/09107 ABEL, CLINT 2,488.40 03/09107 ALDRIDGE, MARK 2,999.60 03/09107 ANDREWS, SCOTT 3,520.75 03/09/07 BAKKE, LONN 2,901.78 03/09/07 BARTZ, PAUL 2,873.32 03/09107 BELDE, STANLEY 2,491.53 03/09/07 BIERDEMAN, BRIAN 2,532.55 03/09/07 BOHL, JOHN 3,433.18 III CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03109/07 BUSACK, DANIEL 2,569.19 03109/07 COFFEY, KEVIN 2,664.98 03109/07 GROTTY, KERRY 2,830.77 03109/07 DOBLAR, RICHARD 3,622.57 03109/07 GABRIEL, ANTHONY 2,787.22 03109/07 HEINZ, STEPHEN 3,393.42 03109/07 HIEBERT, STEVEN 2,760.82 03109/07 JOHNSON, KEVIN 4,262.08 03109/07 KALKA, THOMAS 706.28 03109/07 KARIS, FLINT 3,476.42 03109/07 KONG, TOMMY 2,400.11 03109/07 KROLL, BRETT 2,631.72 03109/07 KVAM, DAVID 3,523.42 03109/07 LANGNER, TODD 2,260.06 03109/07 LARSON, DANIEL 2,745.77 03109/07 LU, JOHNNIE 2,878.20 03109 /07 MARINO, JASON 2,400.11 03109 /07 MARTIN, DANIEL 673.48 03109 /07 MARTIN, JERROLD 2,815.17 03109/07 MCCARTY, GLEN 2,521.51 03109/07 METRY, ALESIA 3,437.52 03109/07 NYE, MICHAEL 2,103.01 03109/07 OLSON, JULIE 2,532.55 03109 /07 RABBETT, KEVIN 3,587.70 03109 /07 RHUDE, MATTHEW 1,908.75 03109/07 STEFFEN, SCOTT 3,581.29 03109/07 STEINER, JOSEPH 2,628.52 03109/07 SYPNIEWSKI, WILLIAM 2,103.01 03109/07 SZCZEPANSKI, THOMAS 2,844.58 03109/07 TRAN, JOSEPH 2,514.38 03109/07 WENZEL, JAY 2,926.32 03109 /07 XIONG, KAO 2,587.73 03109/07 BERGERON, JOSEPH 3,749.12 03109/07 DUGAS, MICHAEL 2,664.77 03109/07 ERICKSON, VIRGINIA 2,605.80 03109/07 FLOR, TIMOTHY 3,620.83 03109/07 FRASER, JOHN 3,033.38 03109/07 LANGNER, SCOTT 2,445.82 03109/07 PALMA, STEVEN 3,964.80 03109/07 THEISEN, PAUL 2,464.57 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03109/07 THIENES, PAUL 3,028.81 03109/07 BARTA, JEREMY 2,121.29 03109/07 DAWSON, RICHARD 3,145.43 03109/07 DUELLMAN, KIRK 2,631.25 03109/07 EVERSON, PAUL 2,970.31 03109/07 HALWEG, JODI 2,227.26 03109/07 JOHNSON, DOUGLAS 3,010.71 03109/07 NOVAK, JEROME 2,824.68 03109/07 PARSONS, KURT 2,562.46 03109/07 PETERSON, ROBERT 2,882.89 03109/07 PRECHTEL, ROBERT 3,569.51 03109/07 SVENDSEN, RONALD 2,700.99 03109/07 GERVAIS -JR, CLARENCE 2,868.34 03109/07 BAUER, MICHELLE 2,212.89 03109/07 BURAU, JAMES 1,871.47 03109/07 FLAUGHER, JAYME 2,117.07 03109/07 HERMANSON, CHAD 1,995.55 03109/07 HUBIN, KENNARD 2,172.25 03109/07 KNAPP, BRETT 1,834.25 03109/07 LINN, BRYAN 2,191.02 03109/07 PACOLT, MARSHA 2,529.68 03109 /07 RABINE, JANET 2,221.42 03109/07 STAHNKE, JULIE 2,234.63 03109/07 LUKIN, STEVEN 4,016.18 03109/07 ZWIEG, SUSAN 1,866.16 03109/07 DOLLERSCHELL, ROBERT 293.39 03109/07 AHL, R. CHARLES 4,675.69 03109/07 KNUTSON, LOIS 1,616.58 03109/07 KONEWKO, DUWAYNE 3,059.51 03109/07 NIYEN, AMY 1,294.62 03109/07 PRIEFER, WILLIAM 2,601.26 03109/07 BRINK, TROY 2,797.30 03109/07 DEBILZAN, THOMAS 2,628.03 03109/07 EDGE, DOUGLAS 2,986.70 03109/07 FREBERG, RONALD 1,988.28 03109/07 JONES, DONALD 2,582.86 03109/07 MEYER, GERALD 2,664.07 03109/07 NAGEL, BRYAN 2,486.01 03109/07 OSWALD, ERICK 2,801.73 03109/07 RUNNING, ROBERT 2,389.23 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03109/07 TEVLIN, TODD 2,625.61 03109/07 DUCHARME, JOHN 2,486.09 03109/07 ENGSTROM, ANDREW 1,953.35 03109/07 ISAKSON, CHAD 182.85 03109/07 JACOBSON, SCOTT 1,953.35 03109/07 JAROSCH, JONATHAN 2,191.75 03109/07 KUMMER, STEVEN 2,524.55 03109/07 LABEREE, ERIN 2,882.35 03109/07 LINDBLOM, RANDAL 2,486.06 03109/07 MEINHOLZ, WILLIAM 86.24 03109/07 SCHREMPP, ANTHONY 66.77 03109/07 THOMPSON, MICHAEL 2,299.79 03109/07 HALL, KATHLEEN 1,873.10 03109 /07 MARUSKA, MARK 7,657.64 03109/07 NAUGHTON, JOHN 2,178.23 03109/07 SCHINDELDECKER, JAMES 1,950.86 03109/07 BIESANZ, OAKLEY 1,571.00 03109/07 DEAVER, CHARLES 624.09 03109/07 GERNES, CAROLE 397.52 03109/07 HAYMAN, JANET 1,213.60 03109/07 HUTCHINSON, ANN 2,619.49 03109/07 GAYNOR, VIRGINIA 2,121.35 03109/07 EKSTRAND, THOMAS 3,341.32 03109/07 KROLL, LISA 1,217.45 03109/07 LIVINGSTON, JOYCE 954.46 03109/07 SINDT, ANDREA 1,796.55 03109/07 THOMPSON, DEBRA 753.46 03109/07 YOUNG, TAMELA 1,660.55 03109/07 FINWALL, SHANN 2,730.39 03109/07 ROBERTS, KENNETH 2,653.00 03109/07 BRASH, JASON 1,589.35 03109/07 CARVER, NICHOLAS 2,939.21 03109/07 FISHER, DAVID 3,823.36 03109 /07 RICE, MICHAEL 2,172.55 03109/07 SWAN, DAVID 2,278.95 03109/07 WELLENS, MOLLY 1,407.43 03109/07 WORK, ALICIA 265.00 03109/07 WORK, BRANDON 350.45 03109/07 GOODRICH, CHAD 129.50 03109/07 MCBRIDE, PATRICK 80.00 1111 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03109/07 OHLHAUSER, MEGHAN 364.00 03/09/07 ROBBINS, AUDRA 2,356.64 03/09/07 SHERRILL, CAITLIN 188.88 03/09/07 TAUBMAN, DOUGLAS 3,408.58 03/09/07 UNDERHILL, KRISTEN 408.00 03/09/07 GERMAIN, DAVID 2,011.30 03/09/07 NORDQUIST, RICHARD 2,065.35 03/09/07 SCHULTZ, SCOTT 2,159.95 03/09/07 ANZALDI, MANDY 1,773.46 03/09/07 CAREY, HEIDI 2,243.79 03/09/07 COLLINS, ASHLEY 132.00 03/09/07 CRAWFORD - JR, RAYMOND 321.00 03/09/07 EVANS, CHRISTINE 831.48 03/09/07 GRAF, MICHAEL 2,157.23 03/09/07 HER, CHONG 372.00 03/09/07 HOFMEISTER. MARY 826.10 03/09/07 PELOQUIN, PENNYE 549.37 03/09/07 SCHULZE, BRIAN 1,139.19 03/09/07 STAPLES, PAULINE 3,028.20 03/09/07 TOLBERT, FRANCINE 137.50 03/09/07 ZIELINSKI, JUDY 38.85 03/09/07 BRENEMAN, NEIL 383.73 03/09/07 BRUSOE, CRISTINA 311.84 03/09/07 BUCKLEY, BRITTANY 83.94 03/09/07 DUNK, RYAN 619.46 03/09/07 EVANS, KRISTIN 131.70 03/09/07 FONTAINE, KIM 997.60 03/09/07 GERVAIS, DAVID 220.00 03/09/07 GREDVIG, ANDERS 272.98 03/09/07 HASSENSTAB, DENISE 151.05 03/09/07 HORWATH, RONALD 2,336.04 03/09/07 IRISH, PETER 126.75 03/09/07 KERSCHNER, JOLENE 5.75 03/09/07 KOEHNEN, AMY 78.15 03/09/07 KOEHNEN, MARY 1,430.33 03/09/07 KROLL, MARK 161.50 03/09/07 KRONHOLM, KATHRYN 557.79 03/09/07 MATHEWS, LEAH 172.78 03/09/07 PROESCH, ANDY 549.11 03/09/07 RYAN, ERICA 72.80 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 03109/07 SMITH, ANN 216.70 03109/07 TAYLOR, JASON 60.75 03109/07 TRUE, CAROLINE 120.90 03109/07 TUPY, HEIDE 127.20 03109/07 TUPY, MARCUS 292.16 03109/07 WOLFGRAM, MARY 126.37 03109/07 GROPPOLI, LINDA 315.00 03109/07 HER, SHILLAME 79.95 03109/07 HOLMGREN, STEPHANIE 77.00 03109/07 PARAYNO, GUAI 350.81 03109/07 STEVENS, PATTI 96.85 03109/07 BEHAN, JAMES 1,948.97 03109/07 PATTERSON, ALBERT 1,289.92 03109/07 PRINS, KELLY 1,108.62 03109 /07 REILLY, MICHAEL 2,013.11 03109/07 SCHOENECKER, LEIGH 220.19 03109/07 VANG, HUE 90.35 03109 /07 AICHELE, CRAIG 2,033.75 03109/07 PRIEM, STEVEN 2,332.56 03109/07 WOEHRLE, MATTHEW 2,247.92 03109/07 BERGO, CHAD 2,355.82 03109/07 FOWLDS, MYCHAL 2,686.82 03109/07 FRANZEN, NICHOLAS 1,780.66 1001447 03109/07 LONGRIE, DIANA 452.00 1001448 03109/07 JAHN, DAVID 1,686.86 1001449 03109/07 MORIN, TROY 140.25 1001450 03109/07 PALANK, MARY 1,728.46 1001451 03109/07 SVENDSEN, JOANNE 1,909.79 1001452 03109/07 SHORTREED, MICHAEL 3,268.81 1001453 03109/07 WELCHLIN, CABOT 2,879.61 1001454 03109/07 STELLA, JAMES 1,080.00 1001455 03109/07 BUCKLEY, BRENT 2,041.38 1001456 03109/07 EDSON, DAVID 2,558.88 1001457 03109/07 HELEY, ROLAND 1,990.59 1001458 03109/07 HINNENKAMP, GARY 2,737.04 1001459 03109/07 LINDORPF, DENNIS 1,953.17 1001460 03109/07 NOVAK, MICHAEL 2,198.24 1001461 03109/07 SOUTTER, CHRISTINE 37.81 1001462 03109/07 ABRAHAMSON, TYLER 100.00 1001463 03109/07 BERGER, STEPHANIE 385.00 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001464 03109/07 BONKO, NICHOLAS 60.00 1001465 03/09/07 BROZAK, KATHERINE 227.50 1001466 03/09/07 BURNS, BETH 42.00 1001467 03/09/07 CORBETT, CAITLIN 126.00 1001468 03/09/07 DAHL, SAMUEL 88.00 1001469 03/09/07 DEGREE, AMANDA 41.56 1001470 03/09/07 DOTAS, ANDREW 19.50 1001471 03/09/07 DOTAS, KENT 45.00 1001472 03/09/07 DOTAS, ROCHELLE 30.00 1001473 03/09/07 GAV IN, BENJAMIN 32.25 1001474 03/09/07 GOODRICH, DANIELLE 24.75 1001475 03/09/07 GREEN, DANIEL 7.25 1001476 03/09/07 GREENER, DOUGLAS 128.00 1001477 03/09/07 HANNIGAN, BRADY 48.00 1001478 03/09/07 HANNIGAN, TYLER 43.00 1001479 03/09/07 HOLDER, MOLLY 46.00 1001480 03/09/07 JOHNSON, ALEXANDER 84.00 1001481 03/09/07 JUETTNER, MICHAEL 78.00 1001482 03/09/07 KLEIN, AARON 123.75 1001483 03/09/07 KOHLMAN, JENNIFER 109.38 1001484 03/09/07 LANCETTE, JOSHUA 33.00 1001485 03/09/07 LINDA, KELLIE 653.44 1001486 03/09/07 MALLET, AMANDA 110.25 1001487 03/09/07 MILTON, ZACHARY 43.00 1001488 03/09/07 MORRISETTE, WILLIAM 27.00 1001489 03/09/07 NELSON, KIRSTEN 80.00 1001490 03/09/07 NICHOLS, SAMUEL 115.50 1001491 03/09/07 NICHOLSON, COLIN 60.75 1001492 03/09/07 ROBBINS, EMERALD 284.38 1001493 03/09/07 ROELLER, MICHAEL 31.50 1001494 03/09/07 RUNNING, DUSTIN 116.25 1001495 03/09/07 SCHALLER, SCOTT 380.00 1001496 03/09/07 SERGOT, COLLIN 64.00 1001497 03/09/07 STACKPOLE, QUINN 91.00 1001498 03/09/07 STODOLA, JONATHAN 60.00 1001499 03/09/07 TARR, JULIE 56.00 1001500 03/09/07 TARR -JR, GUS 75.00 1001501 03/09/07 THEISS. TIANA 112.00 1001502 03/09/07 YORKOVICH, BENJAMIN 156.00 1001503 03/09/07 ZIELINSKI, JESSICA 72.00 I CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001504 03109/07 HAAG, MARK 2,131.62 1001505 03/09/07 NADEAU, EDWARD 3,061.98 1001506 03/09/07 ANDERSON, ANTHONY 214.50 1001507 03/09/07 GLASS, JEAN 1,924.86 1001508 03/09/07 HANSEN, LORI 2,164.79 1001509 03/09/07 NAGEL, BROOKE 409.80 1001510 03/09/07 SIMPSON, JOSEPH 162.80 1001511 03/09/07 VELASQUEZ, ANGELA 54.00 1001512 03/09/07 ANDERSON, CALEB 19.50 1001513 03/09/07 ANDERSON, JOSHUA 42.60 1001514 03/09/07 ANDERSON, JUSTIN 42.60 1001515 03/09/07 BENJAMIN, AYLA 58.50 1001516 03/09/07 BRENEMAN, SEAN 99.60 1001517 03/09/07 BRUSOE, AMY 104.63 1001518 03/09/07 BUCHMAYER, NICOLLET 71.38 1001519 03/09/07 CHASTAN, ADAM 78.00 1001520 03/09/07 CLARK, PAMELA 214.20 1001521 03/09/07 COSTA, JOSEPH 52.80 1001522 03/09/07 DEMPSEY, BETH 98.00 1001523 03/09/07 ESTRADA, KIEL 64.00 1001524 03/09/07 FENGER, JUSTIN 255.90 1001525 03/09/07 GIEL, NICOLE 42.00 1001526 03/09/07 GRANT, MELISSA 140.00 1001527 03/09/07 GRUENHAGEN, LINDA 842.42 1001528 03/09/07 HERM, BREANNA 29.25 1001529 03/09/07 HOLMBERG, LADONNA 17.00 1001530 03/09/07 JOHNSON, JAMES 66.03 1001531 03/09/07 KOVACS, BREANNA 53.63 1001532 03/09/07 LEMAY, KATHERINE 54.80 1001533 03/09/07 NWANOKWALE, MORDY 111.38 1001534 03/09/07 PEHOSKI, JOEL 101.70 1001535 03/09/07 RICHTER, DANIEL 68.00 1001536 03/09/07 RICHTER, NANCY 337.25 1001537 03/09/07 ROSTRON, ROBERT 208.25 1001538 03/09/07 SAUCERMAN, MICHAEL 276.37 1001539 03/09/07 SCHMIDT, EMILY 134.44 1001540 03/09/07 SCHMIDT, JOHN 84.50 1001541 03/09/07 SCHRAMM, BRITTANY 198.00 1001542 03/09/07 SCHUNEMAN, GREGORY 76.38 1001543 03/09/07 WARNER, CAROLYN 301.80 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001544 03109/07 WEDES, CARYL 98.00 1001545 03109/07 WERNER, REBECCA 267.16 1001546 03109/07 WHITE, NICOLE 522.53 1001547 03109/07 WILLIAMS, KRISTINE 117.30 1001548 03109/07 WINEGAR, JILL 37.30 1001549 03109/07 WOODMAN, ALICE 46.00 1001550 03109/07 ZALK, IDA 16.25 1001551 03109/07 BOSLEY, CAROL 319.23 1001552 03109/07 LEWIS, AMY 173.80 1001553 03109/07 OIE, REBECCA 14.25 1001554 03109/07 SATTLER, MELINDA 69.00 1001555 03109/07 STODGHILL, AMANDA 19.94 1001556 03109/07 ZAGER, LINNEA 280.28 1001557 03109/07 BIRKHOLZ, TYLER 132.05 1001558 03109/07 DOUGLASS, TOM 1,409.94 1001559 03109/07 HER, GHEE 95.25 1001560 03109/07 HER, PETER 57.15 1001561 03109/07 O'GRADY, VICTORIA 64.00 1001562 03109/07 SCHULZE, KEVIN 322.53 1001563 03109/07 VANG, KAY 154.43 1001564 03109/07 VANG, TIM 140.20 1001565 03109/07 VUE, LOR PAO 229.35 491,987.42 ius me]: a 0, 1 By- 0 AGENDA REPORT TO: City Manager DATE: March 22, 2007 The attached resolution was adopted by Maplewood City Council on December 9, 2002. Washington County Bank, N.A. is requesting the resolution be update because of personnel changes at the City of Maplewood. RECOMMENDATION: Adopt the attached resolution naming current officers or employees of the City of Maplewood, for Washington County Bank, N.A. as designated depository. PAW ORMAGNMCB-Depository.doc RESOLVED, that the Washington County Bank, N�at any one or more of its offices or branches, b8 and is hereby designated 8Sa depository for the funds of this Corporation, which may be withdrawn on checks, drafts, advices of debit, notes or other orders for the payment of monies bearing the h}||ovving appropriate number of signatures: Any three (3) of the h]||ovving named officers Or employees of the Corporation /"Aoente") listed below. Diana LOngh8 Mayor 0f City 0fMaplewood Greg Copeland, City Manager of City of Maplewood Robert W1ittet, Finance and Administra Manager Of City OfMaplewood And that the Washington County Bank, N.A. shall be and is authorized to honor and pay the same whether Or not they are payable b] bearer orto the individual order Of any Agent or Agents si the same. FURTHER RESOLVED. that the Washington county Banh. N.A. is hereby directed to accept and pay without further inquiry any item drawn against any of the Corporation's accounts with the Washington County Bank, N.A. bearing the signatures of its Agents, as authorized above or otherwise, even though drawn or endorsed to the 0nj8r of any Agent signing or tendered by such Agent for cashing or in payment of the individual obligation of such Agent or for deposit to the Agent's pHrS0no| account, and the Washington County Bank, N.A. shall not be required OrbH under any obligation toinquire as to the circumstances of the issue or use Vf any item signed in accordance with the resolutions contained herein, or the application or disposition of such item or the proceeds of the item. FURTHER RESOLVED, that any one of such Agents in authorized to endorse all checks, drafts, nO[8S and other items payable to or owned by this Corporation for deposit with the Washington County Bank, N.A., or for collection or discount by the Washington County Bank, N.A.; and to accept drafts and other items payable to the Washington County Bank, N.A. FURTHER RESOLVED, that the above named agents are authorized and empowered to execute such other agreements, including, but not limited to, special depository agreements and arrangements regarding the manner, conditions, or purposes for which funds, checks, or items of the Corporation may be deposited, collected, or withdrawn and to perform such other acts as they deem reasonably necessary to carry out the provisions of these resolutions. The other agreements and other 8[tS may not be contrary to the provisions contained in this r9SV|VUon. FURTHER RESOLVED, that the authority hereby conferred upon the above named Agents shall be and remain in full force and effect until written notice [f any amendment Orrevocation thereof shall have been delivered to and received by the Washington County Bank, N.A. at each location where 8n account iSmaintained. The Washington County Bank, N.A. shall b8indemnified and held harmless from any loss suffered or any liability incurred by it in continuing to act in accordance with this resolution. Any such notice shall not affect any items inprocess at the time notice iSgiven. me]: a 0, 1 By- 0 AGENDA REPORT TO: City Manager RE: Update U.S. Bank Treasury Management Service Agreement DATE: March 22, 2007 U.S. Bank is requesting the U.S. Bank Treasury Management Service Agreement be update because of personnel changes at the City of Maplewood. 1:1 W go] in 1 & 1:1 ki I agq g N 41 Approve the updated U.S. Bank Treasury Management Service Agreement. PAWORMAGNWS Bank Treasury Mgment Sery Agreement.doc CMbank, U.S. Bank Treasury Management Service Agreement Customer Name: City of Maplewood Customer Address: 1830 County Road B East, Maplewood, MN 55109 Organization: ❑ Corporation ❑ Association ❑ Non -Profit Organization ❑ Partnership ❑ Sole Proprietorship ❑ Other: ❑ Limited Liability Company ® Governmental Entity Tax Identification Number: 41- 6008920 U.S. Bank's Treasury Management services ( "Services ") are described in the U.S. Bank Treasury Management Services Terms and Conditions and the merchant processing Terms of Service, and any addendum thereto, and in additional Implementation Memos, User Manuals, Operating Guides and other related documentation provided to Customer by Bank (collectively referred to as the "Agreement "). Customer has received and reviewed the Agreement and decided to use one or more of the Services. Customer and Bank agree that the Services shall be governed by the Agreement and also agree to comply with the procedures and instructions contained therein. Authorized Signers The undersigned officer(s), partner(s), owner(s), or otherwise authorized person(s) hereby authorize the person(s) listed below (the "Authorized Signers ") to act on behalf of Customer in all actions taken under the Agreement and amendments thereto from time to time and to enter into any and all transactions contemplated in the Agreement, including without limitation, selecting Services for the benefit of Customer, appointing agents to act on behalfof Customer in the defivetyof Services, signing additional documentation that may be necessary to implement the Services and giving the Customer's instructions with regard to any Service, including without limitation, merchant processing, wire transfers, ACH transfers and any other electronic or paper transfers from or to any account Customer may maintain at Bank. U.S. Bank may, at its discretion, require the Customer to execute additional documentation to implement or amend certain Services. In such cases, documentation necessary to implement or amend such Services shall be signed byat least one of the Authorized Signers. Customer further acknowledges and agrees that U.S. Bank may implement or amend Services based on the verbal, written, facsimile voice mail, email or other electronically communicated instructions that in good faith it believes to have been received by an Authorized Signer. Authorized Signer (please print): Title: Diana Lon rie Mayor Signature: Date: Authorized Signer (please print): Title: Greg Copeland City Manager Signature: Date: Authorized Signer (please print): Robert Mittet Title: Finance and Administration Manager Signature: Date: P: \WORD\AGN \US Bank Treasury Mgment Sery Agreement.doc TM Service Agreement Page 1 of 2 Revision Date: 1112003 CMbank, U.S. Bank Treasury Management Service Agreement Customer Name: Tax Identification Number: Citv of Maplewood 41-6008920 The undersigned represents and warrants to Bank on behalf of Customer that the signatures appearing above are the true and authentic signatures of the Authorized Signers, and further certifies that Customer has taken all action required by its organizational docurnents, to enter into this Agreement and to appoint the Authorized Signers to act on behalf of the Customer; and that the undersigned has full authority to execute this Agreement. Bank is entitled to act upon the authorizations in this Agreement until it receives written notice of their revocation and has a reasonable opportunity to act thereon. Under penalties of perjury, the undersigned further certifies that the number shown on this Agreement is the Customer's correct tax identification number and that Customer is not subject to backup withholding because (a) it is exempt, (b) has not been notified by the Internal Revenue Service (IRS) that it is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified Customer that it is no longer subject to backup withholding. 4� Contract Signer (please print): Title: Karen E. Guilfbile City Clerk Signature: Date: Contract Signer (please print): Title: Signature: Date: APPROVAL BY U.S. BANK NATIONAL ASSOCIATION Signature: Printed Name: Officer Number: Telephone Number: Title: Date: P:\WORD\AGN\US Bank Treasury Mgment Sery Agreement.doc TM Service Agreement Page 2 of 2 Revision Date: 1112003 me]: a 0, 1 By- 0 AGENDA REPORT TO: City Manager RE: Update U.S. Bank Depository Services Resolution for Governmental Entities DATE: March 22, 2007 I - 0 -fixel Kel Wei JNJ ill I The attached resolution was adopted by Maplewood City Council on June 11, 2001. U.S. Bank is requesting the resolution be update because of personnel changes at the City of Maplewood. RECOMMENDATION: Adopt the attached resolution naming current officers or employees of the City of Maplewood, for U.S. Bank as designated depository. PAWORMAGNWS Bank Depository Sery Res.doc DEPOSITOR NAME: City of Maplewood SUB TITLE: STREET ADDRESS 1830 County Road B East CITY STATE & ZIP Maplewood, MN 55109 CONTACT NAME: Finance Department FAX NUMBER: 651- 249 -2901 PHONE NUMBER: 651 -249 -2909 TAX IDENTIFICATION NUMBER: 41- 6008920 I, Karen Guilfoile (name of certifying officer) do hereby certify that I am the City Clerk (title of certifying officer) of the above - named entity (therein called the "Depositor ") a Municipality existing under the laws of the State of Minnesota and that the following is a true, complete and correct copy of resolutions adopted at a meeting of the Depositor duly and properly called and held on the 26th day of March 20 that a quorum was present at said meeting; and that said resolutions are now in full force and effect. RESOLVED, that U.S. Bank National Association is hereby designated as a depository of the Depositor with authorityto accept or receive at any time for the credit of the Depositor deposits by whomsoever made of funds and other property in whatever form or manner transferred to endorsed; and that any officer of the Depositor is hereby authorized to open or cause to be opened one or more accounts with the Bank on such terms, conditions and agreements as the Bank may now or hereafter require and to make any other agreements deemed advisable in regard to any of the foregoing. Depositor acknowledges and agrees that the services contemplated by this resolution shall be governed by the U.S. Bank Customer Agreement for commercial deposit accounts, as amended from time to time. RESOLVED, that checks, drafts or other orders for the payment, transfer or withdrawal of any of the funds or other property of the Depositor on deposit with the Bank shall be binding on the Depositor when signed, manually or by use ofa facsimile or mechanical signature or otherwise authorized, by any one of the individuals listed in the section entitled "Authorized Signers ", and the Bank is hereby authorized to pay and charge to the account of the Depositor any such checks, drafts or other orders so signed or otherwise authorized, including those payable to the individual order of the same person or persons signing or otherwise authorizing the same and including also those payable to the Bank or to any other person for application, or which are actually applied to the payment of any such indebtedness owing the Bank from the person or persons who signed such checks, drafts or other withdrawal orders or otherwise authorized such withdrawals. In particular, and not in limitation of foregoing, such persons may authorize payment, transfer or withdrawal by oral or telephonic directions to the Bank complying with such rules and regulations relating to such authorization as the Bank may communicate to the Depositor from time to time. RESOLVED, that the City Clerk (identify certifying officer by title) hereby certifies to the Bank the names and signatures (either actual or any form or forms of facsimile or mechanical signatures adopted by the person authorized to sign) ofthe Authorized Signers listed below and shall from time to time hereafter, upon a change in the facts so certified, immediately cei tifyto the Bank the names and signatures (actual or facsimile) of the persons then authorized to sign or to act. The Bank shall be fully protected in relying on such certificates and on the obligation of the certifying officer (set forth above) to immediately certify to the Bank any change in any facts so certified, and the Bank shall be indemnified and saved harmless by the Depositor from any claims, demands, expenses, loss or damage resulting from or growing out of honoring or relying on the signature of other authority (whether or not properly used and, in the case of any facsimile signature, regardless of when or by whom or by what means such signature mayhavc been made or affixed) of any officer or person whose name and signature was so certified, or refusing to honor any signature or authority not so certified. P: \WORD\AGN \US Bank Depository Sery Res.doc RESOLVED, That these resolutions shall continue in force until express written notice of their rescission or modification has been furnished to and received by the Bank; and RESOLVED, That any and all transactions by or on behalf of the Depositor with the Bank prior to the adoption of this resolution be, and the same hereby are, in all respects ratified, approved and confirmed. I further certify that the officers ofthe Depositor signing the resolution, have, and at the time of adoption of said resolutions had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers therein granted to the persons named, and that such persons have full power and authority to exercise the same. I further certify that the names, titles (if any) and signatures (actual or facsimile) of the persons authorized to sign or acton behalf of the Depositor by its governing board identified above are as set forth below in the section of this Resolution entitled "Authorized Signers ". I further certify; under penalties ofperjury, that the tax identification number shown above is correct and that the Depositor is not subject to backup withholding because (a) it is exempt, (b) has not been notified bythe Internal Revenue Service (IRS) thatit is subject to backup withholding as a result of a failure to report all interest or dividends or (c) the IRS has notified the Depositor that it is no longer subject to backup withholding. I further certify that the Authorized Signers below are also hereby authorized to transact any and all other business with and through the Bank regarding this account, including, without limitation, treasury management services offered by Bank. Account Number: 104755879525 and 150080667150 Authorized Si Name Title Signature Diana Longrie Greg Copeland City Manager Robert Mittet Finance and Administration IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of the Depositor this day of 20 (Ccrtifying Officer) (Attest by one other officer) City Clerk (Title) (Title) P: \WORD\AGN \US Bank Depository Sery Res.doc AGENDA NO. 1-5 AGENDA REPORT TO: City Manager RE: Resolution to Waive the Statutory Tort Limits DATE: March 22, 2007 Our insurance agent, Arthur J. Gallegher is requesting an updated resolution regarding our choice not to waive the statutory tort limits for liability insurance for the League of Minnesota Cities. On January 24, 2005 the Maplewood City Council decided not to waive the statutory liability limits and accepted the liability coverage limits of $300,000 per claimant and $1,000,000 per occurrence. Adopt the attached resolution making a selection not to waive the Statutory Tort Limits for liability insurance purposes. PAWORMAGWINS-Waive Stat Tort Limits.doc A RESOLUTION MAKING A SELECTION NOT TO WAIVE THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PURPOSED WHEREAS, pursuant to previous action token. the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 405.04; and WHEREAS, the choices available are; LV not waive the statutory limit, kJwaive the limit but k} keep insurance coverage Etthe statutory limit, and k] waive the limit and bJ add insurance to a new level; NOW. THEREFORE, BE IT RESOLVED that the Maplewood City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 408.04; and that such election is effective Und| amended by further r8SO|UUon of the K88p|evvoOd City Adopted by the City Council of the City of W1eo|evvood Minnesota at e regular meeting held March 26, 2007. Karen E. Guilfoile, City Clerk Diana Longrie, Mayor P\VVORDAGNUNS4NaiveStat Tort Umks.doo Agenda Item 16 TO: Greg Copeland, City Manager Karen Guilfoile, Citizen Services Manager FROM: Doug Taubman, Recreation Program Coordinator SUBJECT: Recreation Division — Hiring of Youth Basketball Coordinator I I Ll III II :1*] 111111 Lo 11 [0]0 The recreation division coordinates a youth basketball program consisting of 119 boys and girls teams. More than 1,150 boys and girls in grades 3-8 participate in this program. From the first of December through the first week of March we play 59 games each week and more than 700 games for the season. From a budgetary and participant standpoint, youth basketball is by far our largest youth sports program. XC For the previous 11 years, the youth basketball program was coordinated by Greg Finn. Mr. Finn's position is currently in the process of being filled. In the fall of last year, former Parks & Recreation Director Anderson contracted with Peter Frank as youth basketball coordinator to assist staff in administering this large program. It has come to our attention that the contract was not approved by the city council and exceeds the staff approval limit of $5,000. RECOMMENDATION Staff recommends that the city council approve the contract amount of $6,000. October 23, 2006 Dear Pete: I want to welcome you and thank you for working with the Maplewood Parks and Recreation Department to make the Youth Basketball Coordinators position possible. Your direct supervisor will be Doug Taubman. The Maplewood IT department will be providing you a key card for access to City Hall and also setting up an email account for you. You will be using the work station and computer that Ali Lukin is currently using. Your office phone will be 651 - 249 -2122. I look forward to working with you Pete and making this program very successful. Like I stated to you before, I am willing to work with you and assist you and Doug where and when needed. Not words, a promise. We are all in this together. Thank you and I look forward to working with you. Sincerely, Pauline Staples Assistant to the Parks and Recreation Director Cc: Bruce Anderson Doug Taubman PARKS & RECREATION DEPARTMENT 651-249-2110 FAX: 651-249-2129 CITY OF MAPL.EWOOD 1 830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 Independent Contractor Youth Basketball Coordinator The City of Maplewood and the Youth Basketball Coordinator, Independent Contractor, have entered into this contract whereby the Independent Contractor will provide services to the city as the Youth Basketball Coordinator. The Youth Basketball Coordinator, independent contractor, shall perform the following services for the Maplewood Parks and Recreation Department: 1. The coordinator will be assist with the coordination of the youth league that is comprised of Maplewood youth, grades 3 -8, and coordinate with other involved communities that participate in our league: ie: North St. Paul, Oakdale, White Bear Lake, Stillwater, Cottage Grove, Little Canada, St. Judes. 2, The Recreation Program Supervisor It, Doug Taubman and his assistant, Ali Lukin, will be coordinating teams, putting together team rosters, scheduling of school district gyms for practice permits,The contractor shall be responsible for working together with Doug Taubman and Ali Lukin on the establishment of teams and scheduling of practice and league play. It will be the responsibility of the contractor once the season starts to assume full responsibility for practice permits. 3. The contractor shall be responsible for scheduling /coordinating all referees and score keepers for all league play and keeping detailed records for payroll. 4. The contractor shall report any problems with facilities, schedules, players, manager, etc to Maplewood Parks and Recreation within 24 hours of the incident. 5. The Recreation Program Supervisor It, Doug Taubman and his assistant, Ali Lukin, along with the the contractor will be responsible for working with RecWare League Scheduler Program to enter all league schedules. 6. The contractor will be assist with the recruitment and coordination all volunteer coaches for the leagues. 7. The contractor will be responsible to conduct training of volunteer coaches and referees /scorekeepers. 8. The contractor will be responsible for collecting all scores. The department secretary, Kathy Peck -Nall, will be responsible for updating the scores and league standings on the City of Maplewood Web page for all leagues within 24 hours of receiving the scores from the contractor. The Youth Basketball Coordinator, Independent Contractor, will be compensated as follows: 1. The payment for services shall be forwarded to the contractor at approximately the mid point and at the conclusion of the season, upon receipt of an invoice from the Independent Contractor. 2. Pay shall be $6,000.00 per season — (Mid October to mid March) The City and the Independent Contractor agree as follows: 1. The Youth Basketball Coordinator is an independent contractor and not an employee of the City of Maplewood. 2. That the Youth Basketball Coordinator is responsible for payment of federal, FICA, and state income taxes and that the City will not be withholding such taxes. 3. That the independent contractor is not covered under Minnesota Unemployment Compensation rules and agrees that the official has no claim for benefits under such when the contract is terminated. 4. That the independent contractor will provide the City with a completed W -9 prior to commencing services. 5. That the City will provide Form 1099 to the official if the official has earned more than $6,000.00 in a calendar year. The 1099 will be remitted to the independent contractor by January 31 of the year following the year in which remittances are made. 6. The Independent contractor will have an office in the Parks and Recreation Department computer access to include RecWare Safari, RecWare League Scheduler, Microsoft Word, email services, phone access 7. The City will not provide workers' compensation coverage for the independent contractor. The independent contractor shall obtain his/her own workers' compensation insurance and all other insurance necessary for completion of the agreement. This agreement is for the 2006 -2007 Youth Basketball Season. This agreement shall terminate immediately in the event that the Independent Contractor shall no longer be able to fulfill the requirements of this contract. IN WITNESS WHEREOF, the parties have executed this agreement this day of 2006. City of Maplewood in Date: Official: Date: Youth Basketball Coordinator The Youth Basketball Coordinator's position will collaborate as an Independent Contractor with the Maplewood Parks and Recreation Department. This position will implement the Youth Basketball League for grades 3 to 8. This program requires execution of scheduling practices, league play, coordination of referee and score keepers for approximately 150 youth teams beginning November thru March. Duties and Responsibilities • Assist with the coordination of the youth league for grades 3 -8 and work with other communities that are involved in the league: White Bear Lake, little Canada, Stillwater, Cottage Grove, St. Jude's School, Oakdale, Mahtomedi. • Assist with the coordination of scheduling from practice permits to league games and locations. Coordination of referee's for games and scorekeepers for all games. • Assist with the coordination of facilities for practices and games. • Recruitment and training of all volunteer coaches. • Assist with the development of team rosters. • Coordination of collection of league scores and assist with the documentation updates on Web page. • Assist with the coordination and entry using RecWare Safari and League Scheduler for development of leagues. Timeline City of Maplewood Application is required. Submit a cover letter and resume attached by October 12, 2446 to the Maplewood Parks and Recreation Department, 1830 E. Co. Rd. B, Maplewood, Minnesota 55149. References requested. Job posting and City Application on the City of Maplewood Web page: www.ci.maplewood.mn.us Re uirg ements • A Bachelor's Degree in Parks and Recreation Management, Physical Education, Sports Management or related field preferred. Individual with a background in basketball, knowledge of youth basketball and experience in working with leagues, referee's, scheduling, computers. • Extremely organized and self motivator with ability to work independently and effectively work with general public to include area directors and volunteer coaches. • Quality leadership and communication skills. • Hiring subject to a successful background investigation. • Must have a valid Minnesota drivers license. Compensation $6,000 for the season, November through March. Hired as an independent contractor for the Maplewood Parks and Recreation Department. Contacts For additional information related to the job posting, please contact Pauline Staples at 651 -249 -2145, Pauline.Staples@ci . maplewood.mn.us Agenda Item 17 r To: Greg Copeland, City Manager From: David Fisher, Building Official Subject: Approve Vehicle Purchase for Code Enforcement Officer Date: March 21, 2007 INTRODUCTION The 2007 Code Enforcement Capital Outlay & Depreciation has funding for a new city vehicle for the new Code Enforcement Officer. I - -JA' *J XtJ :lei I I kit The hiring of the new Code Enforcement Officer has created need for a new city vehicle. This new vehicle will also help the public identify the Code Enforcement Officer when he is in the field. After reviewing the City budget and the vehicles available by State Bid, staff has selected a GMC 4x2 extended cab pickup with a topper for the use by the Code Enforcement Officer. (See attached bid info.) This style truck will provide this employee ample room to carry the tools and supplies to do his job efficiently. !Z11 It is recommended that the city council give approval to enter into the State Contract 436606 with Nelson Dodge-GMC for the purchase of one 2007 GMC Canyon for $16,680.70. Attachment: Bid proposal from Nelson Dodge -GMC & the State Contract. GROUP 1C PICKUP TRUCK - 4 X 2 EXTENDED CAB - 6` BOX LENGTH (APPROX.), 4700 GVWR MIN. SUGGESTED MODELS SUCH AS COLORADO, CANYON, RANGER, DAKOTA, OR OTHER. Vehicle will include the following required OEM equipment If not part of standard base package. Automatic Transmission Engine Block Heater AMtFM Radio Cruise Control Tilt Wheel Tow Hitch Spilt Bench Front Seat Seating Standard Base Upholstery 4-Wheal ABS Brakes Air Conditioning Bumpers wlRear Step Dual Front Air Bags Daytime Running Lights Base Package Floor Covering Limited Slip Differential Matching Full Size Spare Tire Rear Back Seats) Manufacturer, Make and Model No. Offered: 2007 GMC Canyon T816663 Engine Size: (Liters & No. of Cylinders) 2.9 Liters - 4 Cylinders GVWR: 5,000 lbs Payload Capacity (1200 to 1705 lbs) 1,460 The Towing Capacity (conventional - 2200 to 6000) Drivetraln - Must match load requirements Fuel Type: ( Gasollne, Diesel, Hybrid) Standard Equipment -Upholstery (Vinyl o {Cioth)) Front Seat Configuration - Confirm Split Bench Front Seat Rear Seating Capacity - Describe number of seating positions Standard Floor Covering - (vinyl, other) Standard Equipment - Bumper (Chrome or other ?) Tire Type and Size Tow Hooks - Included? Cab (Extended, Quad or Crew ?) 3,100 lbs Yes Gasoline Vlnzi Yes 2 - Driver & passenger, forward- fa cing Carpet Chrome Ail- Season P206/75R16 No Extended NOTE: Any option changes at the time of order shall be priced at the lowest manufacturer to dealer Invoice price, offered with the response to the solicitation. Price for One (1) unit per above specification - DELIVERED DEDUCT FOR CUSTOMER PICKUP COST FOR EXTRA KEY SET Vendor. Nelson Dodge-GMC Contact Name: Gerry Worner E Mail Address: gerryworner@nelsondodgegmc,com N #14,346.89 #45 #20 Phone No. (218) 739 -2283 Toil Free: (800) 726-7664 Fax No. (218) 738 -6021 a 03/20/2007 21:54 2187396021 A AF Fergus Fads, Am POLPIRIS VEHICLE ,aid To: Maplewood Attn. Dave Fisher Address 1330 East County Road B Maplewood, MN 55109 FLEET SALES PAGE 02/04 2228 College Way • PRO. Bost 338 Fergus FaUs, UN 56538 318- 739 -2393 • 900 -736 -7564 Fleet Fax 318 -739 -6021 www.nelsondodgegmc.com www.nelsonpolaris.com NUMBER F Maplewood TS15653F Date: 0311912007 Phone: 651 - 249 -2320 FAX: 651 - 249 -2319 Salesperso Gerry Womer Key Code:Ignition/Door. Stock No Year Make Model New/Used Vehicle ID Number TS15653F 2uo f GMC Canyon Ext Cab 2WD 125.9"WB New 0 Colter: White f Gray cloth Total delivered Price of Vehicle Options & Extras Cab high white fiberglass topper w160" sliding windows MN motor veihcle excise tax Q 0.5% MN tax exempt plates & registration fees Document administration fee Total Casty Price Your Purchase Order # Thanks for your business! To ! Lessee 1 End User Maplewood Dave Fisher Project # RrP $370 Phone: 651 - 249 -2320 FAX: 651- 249 -2319 1830 East County Road B 651- 249 -2319 Maplewood, MN 55100 Signed and initialed Printed Name and Date Maplewood 10 T815653F.123 IN contract $14,346.89 $2,333.81 $1,236.40 $1,012.99 $34.50 $50.00 $16,680.70 $i e,690.70 • ftAof Emplpymcnr Opp— unhylAfflrmadve Action EnVla)rr 03/20/2007 21:54 2167396021 FLEET SALES PAGE 03/04 Prepared For: Prepared By: Maplewood Gerry Womer Dave Fisher Fleet Sates 1830 East County Rd B 2228 College Way, PO Box 338 Maplewood, MN 55109 Fergus Falls, MN 565380338 Phone: (851) 249 -2320 Phone: (218) 739 -2283 Fax. (651) 249 -2319 Fax: (218) 739 -6021 Ernerd: gerrywomerenelsondodgegmc.com 2007 GMC Canyon TS15653 2WD Ext Cab 125.9" Work Truck Photo may not represent exact vehicle or selected equipment, To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Donation to Landfall Cops `N Kids Fishing Clinic Date: March 15, 2007 Introduction The Police Department has received a $300 donation from Saturn of Saint Paul for the annual Landfall Cops 'N Kids Fishing Clinic, and City Council approval is required to accept this donation. For the past several years, the Maplewood Police Department, which provides police services in the City of Landfall, has held a half-day Cops 'N Kids Fishing Clinic for youth living in Landfall. This event provides an opportunity for the children to interact with police officers in a positive way while they spend the morning fishing and then having lunch. Saturn of Saint Paul has donated $300 to be used to purchase supplies for the Cops 'N Kids Fishing Clinic, and City Council approval is required for us to accept this donation. IffmOTMR-WR= It is recommended that City Council approval be given to accept this donation and that the necessary budget adjustments be made so that the donation may be used for costs associated with the fishing clinic. Action Required Submit to the City Council for review and action. DJT:js Agenda Item 19 Knaak & Kantrud, P.A. ATTORNEYS AT LAW OF COUNSEL: Tom Dailey Don Kohler MEMORANDUM t H. Alan Kantrud hakantrud@klaw.us direct- 612-743-4242 114 Qualified Neutral by the Minnesota State Bar Association DATE: 20 March 2007 TO: City Manager, Greg Copeland RE: JPA for Rush Line Corridor Taskforce (and proposed Resolution) I have reviewed the above-referenced document for errors and omissions and approve of it in form. It appears to be a restatement of the original taskforce organizing document and does not change in material form from that original. The additions of several new participants seems to be the impetus behind the reauthorization, although the original could have simply expired too. The funding is determined by County census figures (population) and appears to be derived from County funds. I have not contrasted the restated agreement with the original, to be fair, but it appears to be a simple JPA, originally entered into in 1999. Our member-term according to the Agreement runs from January 15 in the appointing year to January 14 of the following. If my memory serves, Council-member Rossbach is our sitting/currently appointed taskforce member. Recommendation: The attached Resolution should be adopted and the Agreement executed. Agenda Item 19 AMENDED AND RESTATED JOINT POWERS AGREEMENT This Amended and Restated Joint Powers Agreement, hereinafter together with any supplements, amendments, or exhibits (AGREEMENT) is made and entered into on this 26 day of March, 2007, by and between ANOKA COUNTY ( ANOKA), CARLTON COUNTY (CARLTON COUNTY), CHISAGO COUNTY REGIONAL RAILROAD AUTHORITY (CHISAGO), PINE COUNTY (PINE), RAMSEY COUNTY REGIONAL RAILROAD AUTHORITY (RAMSEY), ST. LOUIS AND LAKE COUNTIES REGIONAL RAILRAOD AUTHORITY (ST. LOUIS/LAKE), WASHINGTON COUNTY REGIONAL RAILROAD AUTHORITY (WASHINGTON), the city of ASKOV ( ASKOV), the city of ATKINSON (ATKINSON), the city of BARNUM ( BARNUM), the city of BEROUN (BEROUN), the city of BRUNO (BRUNO), the city of CARLTON (CARLTON), the city of CENTERVILLE (CENTERVILLE), the city of CLOQUET (CLOQUET), the city of DULUTH (DULUTH), the city of DUQUETTE (DUQUETTE), the city of ESKO (ESKO), the city of FINLAYSON (FINLAYSON), the city of FOREST LAKE (FOREST LAKE), the city of GEM LAKE (GEM LAKE), the city of HARNEY (HARNEY), the city of HARRIS (HARRIS), the city of HERMANTOWN (HERMANTOWN), the city of HINCKLEY (HINCKLEY), the city of HUGO (HUGO), the city of KERRICK (KERRICK), the city of LINO LAKES (LINO LAKES), the city of LITTLE CANADA (LITTLE CANADA), the city of MAHTOWA (MAHTOWA), the city of MAPLEWOOD (MAPLEWOOD), the city of MOOSE LAKE (MOOSE LAKE), the city of NORTH BRANCH (NORTH BRANCH), the city of PINE CITY (PINE CITY), the city of PROCTOR (PROCTOR), the city of ROCK CREEK (ROCK CREEK), the city of RUSH CITY (RUSH CITY), the city of RUTLEDGE (RUTLEDGE), the city of ST. PAUL (ST. PAUL), the city of SANDSTONE (SANDSTONE), the city of STACY (STACY), the city of STURGEON LAKE (STURGEON LAKE), the city of THOMPSON (THOMPSON), the city of WHITE BEAR LAKE (WHITE BEAR LAKE), the city of WILLOW RIVER (WILLOW RIVER), the city of WYOMING (WYOMING), COLUMBUS TOWNSHIP (COLUMBUS), LENT TOWNSHIP (LENT), NICKERSON TOWNSHIP (NICKERSON), RUSHEBA TOWNSHIP (RUSHEBA), WHITE BEAR TOWNSHIP (WHITE BEAR TOWNSHIP), and WYOMING TOWNSHIP (WYOMING TOWNSHIP), under the authority of and pursuant to the provisions of Minn. Stat. Chapters 398A and 471.59. WITNESSETH WHEREAS, ANOKA, CHISAGO, PINE, RAMSEY, WASHINGTON, FOREST LAKE HARRIS, HUGO, LITTLE CANADA, MAPLEWOOD, NORTH BRANCH, RUSH CITY, WHITE BEAR, WYOMING, WHITE BEAR TOWNSHIP, and WYOMING TOWNSHIP entered into a Joint Powers Agreement establishing the Rush Line Corridor Taskforce (TASK FORCE) pursuant to Minn. Stat. §§ 471.59 and 398A.04, subd. 9, said AGREEMENT dated March 31, 1999 and WHEREAS, ANOKA, CHISAGO, PINE, RAMSEY, WASHINGTON, FOREST LAKE HARRIS, HUGO, LITTLE CANADA, MAPLEWOOD, NORTH BRANCH, Agenda Item 19 RUSH CITY, WHITE BEAR, WYOMING, WHITE BEAR TOWNSHIP and WYOMING TOWNSHIP desire to amend and restate the Joint Powers Agreement and include CARLTON COUNTY, ST. LOUIS /LAKE, ASKOV, ATKINSON, BARNUM, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE, HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE, PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON, WILLOW RIVER, COLUMBUS, LENT, NICKERSON, and RUSHEBA as a party to this AGREEMENT; and WHEREAS, the Rush Line Corridor is defined as the transitway corridor originating in St. Paul in Ramsey County and extending north from Ramsey County through Washington County, Chisago County, Pine County, and Carlton County to Duluth in St. Louis County; and WHEREAS, the Rush Line Corridor has significant transportation, safety, and land use issues; and WHEREAS, there are opportunities for a variety of multi -modal transportation improvements in the Rush Line Corridor, including highway, commuter and freight rail, bus rapid transit, multi -use paths and /or recreational trails including bicycle trails, and Intelligent Transportation Systems {ITS); and WHEREAS, the parties wish to collaboratively plan for multi -modal transportation improvements to the Rush Line Corridor and for the related land use and development impacts, and WHEREAS, the TASK FORCE has completed a transit study on the Rush Line Corridor, and determined that planning for bus, bus rapid transit, and commuter rail in the Rush Line Corridor should continue; and WHEREAS, the Minnesota Department of Transportation (Mn/DOT) has completed a study of the restoration of passenger service from the Twin Cities to Duluth and the Iron Range, and determined that additional analysis should continue; and WHEREAS, Minn. Stat. § 174.80 et seq. grants authority and responsibility to the Mn/DOT to design, develop, construct, and operate commuter rail in Minnesota and to enter into agreements with joint powers boards to carry out these responsibilities; and WHEREAS, the TASK FORCE intends to work collaboratively with Mn/DOT and the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial related transit modes in the Rush Line Corridor; and WHEREAS, it is the desire of the parties hereto to amend and restate the March 31, 1999, Joint Powers Agreement. NOW, THEREFORE, IN CONSIDERATION OF the mutual promises and covenants herein, the parties hereto agree as follows: ARTICLE 1. DEFINITIONS Unless context otherwise requires, the terms defined in this section shall have the meanings stated herein: 1. Agreement means this Amended and Restated Joint Powers Agreement. 2. Task Force shall mean the Joint Powers body established herein. Agenda Item 19 3. Financial Member means individually Anoka County, Carlton County, the Chisago County Regional Railroad Authority, Pine County, Ramsey County Regional Railroad Authority, St. Louis /Lake Counties Regional Railroad Authority, or Washington County Regional Railroad Authority. 4. Original Signatory shall mean, individually, Anoka County, Chisago County Regional Railroad Authority, Pine County, Ramsey County Regional Railroad Authority, Washington County Regional Railroad Authority, Forest Lake, Harris, Hugo, Little Canada, Maplewood, North Branch, White Bear, Wyoming, White Bear Township, and Wyoming Township. 5. Corridor county population means the population within the corridor of each county, with the corridor being defined as one mile on either side of the abandoned and active Burlington Northern Santa Fe (BNSF) railroad corridor in Ramsey County, roughly parallel to Hwy. 61, one mile on either side of the railroad corridor in Duluth, and five miles on either side of the railroad corridor for the non - urbanized portion of the corridor. If a different corridor were selected, the county corridor population would be measured on either side of that corridor instead. ARTICLE 2. PURPOSE The parties have entered into this agreement for the purpose of jointly exercising the powers granted to Regional Railroad Authorities organized under the provisions of Minn. Stat. Ch. 398A, including but not limited to the acquiring and managing federal, state, and local funding in conjunction with the Minnesota Department of Transportation and the Metropolitan Council, and performing any responsibilities delegated by the Commissioner of Transportation subject to the conditions that sufficient funds are received. ARTICLE 3. TERM This AGREEMENT shall be effective (EFFECTIVE DATE) when adopted by all ORIGINAL SIGNATORIES. The EFFECTIVE DATE of this AGREEMENT shall be the date on which the last ORIGINAL SIGNATORY approves the AGREEMENT by action of its governing board or council. This AGREEMENT shall remain in full force and effect until terminated by the parties pursuant to Article 9 of the AGREEMENT. CARLTON COUNTY, ST. LOUISILAKE, ASKOV, ATKINSON, BARNUM, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE, HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE, PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON, WILLOW RIVER, COLUMBUS, LENT, NICKERSON, and RUSHEBA will become a party to this AGREEMENT on the later of the date approved by their governing body or the EFFECTIVE DATE herein stated. Provided, however, that if CARLTON COUNTY, ST. LOUIS/LAKE, ASKOV, Agenda Item 19 ATKINSON, BARNUM, BEROUN, BRUNO, CARLTON, CENTERVILLE, CLOQUET, DULUTH, DUQUETTE, ESKO, FINLAYSON, GEM LAKE, HARNEY, HERMANTOWN, HINCKLEY, KERRICK, LINO LAKES, MAHTOWA, MOOSE LAKE PINE CITY, PROCTOR, ROCK CREEK, RUTLEDGE, ST. PAUL, SANDSTONE, STACY, STURGEON LAKE, THOMPSON, WILLOW RIVER, COLUMBUS, LENT, NICKERSON, and RUSHEBA fail to approve the AGREEMENT within one (1) year of the EFFECTIVE DATE, they will not become parties to this AGREEMENT, except by amendment to this AGREEMENT. ARTICLE 4. JOINT POWERS BOARD There is hereby created a Joint Powers Board as a public entity, to be known as the Rush Line Corridor Task Force. The TASK FORCE shall be an entity separate from its member bodies and shall not be deemed an agent or partner of the member bodies, and the member bodies shall not be liable for the actions of the TASK FORCE. The TASK FORCE shall have full authority to exercise all powers stated herein without approval by the governing body or bodies of any member or members. ARTICLE 5. MEMBERSHIP A. Each party shall appoint one (1) member and one (1) alternate to the TASK FORCE. TASK FORCE members and alternates must be members of the party which appoints them_ If a TASK FORCE member ceases to be a member of such party, his or her membership on the TASK FORCE shall cease on the date of cessation of such membership, and the appointing party shall appoint a new member or alternate. Additional parties may become members of the TASK FORCE by amendment to this AGREEMENT pursuant to Article 14 hereof. All members of the TASK FORCE will have one (1) vote. B. TASK FORCE membership terms shall commence on January 15 of a calendar year and end on January 14 of the next succeeding year, or until a successor is appointed. ARTICLE 6. POWERS OF TASK FORCE The TASK FORCE has such authority as is necessary and proper to make all decisions to carry out its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat. § 471.59 and will include, but not be limited to, any or all of the following powers to the extent provided by law or not otherwise limited by this AGREEMENT. A. Adopt an annual budget. B. Enter into transactions, including contracts or leases, required in furtherance of this AGREEMENT and statutory mandate, and enforce such transactions to the extent available in equity or at law. The contracting and purchasing requirements of one Agenda Item 19 party designated by the TASK FORCE shall apply hereto. The TASK FORCE may approve any contract relating to this AGREEMENT up to the amount approved in the annual budget, and may authorize the Chair of the TASK FORCE to execute those contracts. C. Adopt by -laws and any amendments consistent with this AGREEMENT required for the exercise of the powers and purposes stated in this AGREEMENT. The by -laws may provide for the appointment of ex officio, non - voting members to the TASK FORCE by the TASK FORCE. D. Apply for and accept gifts, grants, loans of money, other property, or assistance on behalf of the contracting parties from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes, including any grant which may be available, enter into any agreement in connection therewith, and hold, use and dispose of such money, other property, and assistance in accordance with the terms of the gifts, grants, or loans relating thereto. E. Acquire and hold such real and personal property as may be required to accomplish the purposes of this AGREEMENT and, upon termination of this AGREEMENT, make distribution of such property as is provided for in this AGREEMENT. F. Employ agents and employees, and to fix the compensation and all other terms and conditions of employment thereof. G. Incur debts, liabilities, or obligations, which do not constitute a debt of any of the parties. The Joint Powers Board does not have authority to incur debts, liabilities, or obligations, which constitute a debt of any of the parties. H. Sue and be sued in its own name. All powers granted herein shall be exercised by the TASK FORCE in accordance with the legal requirements applicable to the regional railroad authorities. ARTICLE 7. OFFICERS, EMPLOYEES, AND SERVICES A. The TASK FORCE shall elect a Chair and Vice -Chair from its membership at its first regular meeting each year. The Chair and Vice -Chair shall be elected by the TASK FORCE from its membership for a term of one (1) year. The Chair shall preside at all meetings of the TASK FORCE, may establish such subcommittees as may be needed from time to time and shall perform other duties and functions as may be determined by the TASK FORCE. The Vice -Chair shall preside over and act for the TASK FORCE during the absence of the Chair. If both the Chair and Vice - Chair are absent, the TASK FORCE may elect a temporary Chair to conduct its business, provided a quorum is present. Notwithstanding any provision to the contrary, following the EFFECTIVE DATE of this AGREEMENT, the term of the prior TASK FORCE's officers shall automatically Agenda Item 19 expire and a special election shall be held to elect interim officers. The term of the interim officers commence upon election by the TASK FORCE and continue until the first regular meeting of the following year, at which time elections will be held to elect permanent officers pursuant to this section who will serve a term according to this section. B. Executive Committee The TASK FORCE shall establish an Executive Committee of the TASK FORCE consisting of the representative of each Financial Member. The Executive Committee shall develop and make recommendations to the TASK FORCE regarding the ongoing responsibilities of the TASK FORCE, and shall have such other duties as set forth in the TASK FORCE's by -laws. C. Staff Each party may provide staff support to the TASK FORCE, subject to the approval of the TASK FORCE. D. Vacancies If an appointment of any TASK FORCE member or alternate is vacated before the end of his or her term, the vacancy shall be filled by appointment by the appropriate appointing governing body. Vacancies shall be filled within thirty (30) days of their occurrence. A vacancy shall be deemed to have occurred when any of the conditions specified in Minn. Stat. § 351.02 exist. E. Meetings The TASK FORCE shall meet at regular intervals at such times and places as the TASK FORCE shall establish in its by -laws. Special meetings may be held on reasonable notice by the Chair or any two members upon terms and conditions as the TASK FORCE may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D. F. Committees The TASK FORCE may establish standing committees of the TASK FORCE by providing for such committees by resolution. The Chair may establish ad hoc committees of the TASK FORCE. ARTICLE 8. FUNDING A. Financial Members' Contributions The TASK FORCE will collect, if determined by the TASK FORCE to be needed, the funding for items listed below. This funding shall be based on corridor county population for the most recent census year or most recent state demographer data available. For capital projects located in one county, that county or regional railroad authority would be expected to fund the non - federal portion of the project costs if federal funds are received for that project. (a) Administrative costs shall include but not limited to salaries and fringe benefits, rent, utilities, transportation, travel, telephone, office supplies, insurance, accounting and legal fees not relating to a specific corridor, and membership fees and dues incurred by Agenda Item 19 the Board. B. Annual Budget For the calendar year next following the calendar year in which the EFFECTIVE DATE occurs and all subsequent years, the TASK FORCE shall establish and approve a budget. C. Financial Members' Budget Approval Adoption of the budget shall require unanimous approval of the Financial Members. D. Contribution Date. Except for any initial contribution required by this AGREEMENT, assessments made under the provisions of this article shall be paid by each Financial Member by January 3 of each year. The initial contribution shall be made within sixty {60) days of the adoption of the budget pursuant to Article 8 (A) thereof. E. Budtetin2, Accounting, Fiscal Agent, and Other Services The TASK FORCE may contract with any party to provide contract management, legal review, and budgeting and accounting services necessary or convenient for the TASK FORCE and otherwise act as the TASK FORCE's fiscal agent. Such services shall include, but not be limited to, management of all funds, including contributions and grant monies, payment for contracted services, and relevant bookkeeping and record keeping. The contracting and purchasing requirements of the member so selected shall apply to transactions of the TASK FORCE. Such member shall identify the staff person to work as liaison with the TASK FORCE. F. Accountabilitv for Funds All funds shall be accounted for according to generally acceptable accounting principles. A report on all receipts and disbursements shall be forwarded to the TASK FORCE on an annual basis. The parties have the authority to request reports pertaining to any and all budgeting and accounting services. All interest earned from established TASK FORCE fiends shall be credited back to that same fund. ARTICLE 9. WITHDRAWAL AND TERMINATION A. Withdrawal Any party may withdraw from this AGREEMENT upon 90 -days prior written notice evidenced by resolution of the party's governing body to the TASK FORCE. In the event of withdrawal by any party, this AGREEMENT shall remain in full force and effect as to all remaining parties. B. Effect of Withdrawal, Disposition of Property, Funds, and Obligations A party withdrawing from this AGREEMENT shall, prior to such withdrawal, pay the full Agenda Item 19 amount of any unpaid assessments to the TASK FORCE as defined in Article 8(A). A parry withdrawing from this AGREEMENT shall not receive a distribution of property or funds until such time as this AGREEMENT is terminated by all parties pursuant to this Article 9. Such disposition of property shall be in accordance with the provisions of Section D of this Article 9. Any member withdrawing shall be liable for any assessment in the year in which the withdrawal becomes final only for the period in such year that the party remains a th parry. The party's assessment shall not exceed the sum of one - twelfth (1/12 ) the full assessment multiplied by the number of months or fractions thereof in the year during which the parry remains a parry. C. Termination This AGREEMENT shall terminate upon the occurrence of any one of the following events: (a) When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) When a majority of the parties agrees to terminate this AGREEMENT. D. Disposition of Property and Funds At such time as this AGREEMENT is terminated, any property interest remaining in the TASK FORCE, following discharge of all obligations owed by the TASK FORCE, shall be disposed of and the proceeds of the property shall be returned to the parties in proportion to their contribution. E. Effect of Withdrawal of Financial Member on Budget In the event a Financial Member withdraws, the unpaid assessment allocable to such member in the year of withdrawal and subsequent years shall be reallocated to the remaining Financial Members in proportion that the assessment allocations under Article 8(A) hereof bear to each other. ARTICLE 10. MISCELLANEOUS A. Amendments This AGREEMENT may be amended by unanimous agreement of the parties as evidenced by resolutions adopted by the respective governing bodies. B. Records, Accounts, and Reports The TASK FORCE shall establish and maintain such funds and accounts as may be required by good accounting practices. The books and records of the TASK FORCE shall be subject to the provisions of Minn. Stat. Ch. 13, the Minnesota Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. The TASK FORCE, within one hundred twenty (120) days after the close of each fiscal year, which shall be January 1 to December 31, shall give a Agenda Item 19 complete written report of all financial activities for such fiscal year to the parties_ C. Counterparts This AGREEMENT may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severability The provisions of this AGREEMENT are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the AGREEMENT is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this AGREEMENT. E. Entire Agreement This AGREEMENT constitutes the entire agreement between the parties and supersedes all prior written or oral agreements relating to the TASK FORCE. F. Alternative Dispute Resolution In the event of a dispute arising under this AGREEMENT, the parties and the TASK FORCE agree to attempt to resolve their dispute by following the process described below: (I) A parry shall provide written notice to the TASK FORCE describing perceived conflict, positions, and underlying reasons. (2) The TASK FORCE or member shall provide written response to notice within seven (7) days of receipt of notice. (3) The parties shall meet within 14 days of receipt of response with a neutral facilitator_ The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. Costs of such facilitator shall be shared equally by all parties to the dispute. (4) At the first meeting, the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation, or arbitration. (5) In developing the process, the parties will be guided by the following principles: (i) the parties will attempt in good faith to reach a negotiated settlement; (ii) the parties agree that there must be fair representation of the parties directly involved in the dispute; Agenda Item 19 {iii) the parties will use legal proceedings as a last resort; and {iv) in the event the parties are unable to resolve the dispute, each party retains all rights, remedies, or defenses it had prior to entering the process. (6) The parties will report to the TASK FORCE within 60 -days of their first meeting on the resolution of the dispute or a recommendation to commence legal proceedings. IN WITNESS WHEREOF, the parties to this AGREEMENT have hereunto set their hands on the date written below. ATTEST: City Clerk Karen Guilfoile Date Agenda Item 19 WHEREAS, the Rush Line Corridor is defined as the transitway corridor originating in St. Paul in Ramsey County and extending north from Ramsey County through Washington, Chisago, Pine, and Carlton Counties to Duluth in St. Louis County; and WHEREAS, the City of Maplewood is committed to preserving this corridor for future rail transit alternatives; and WHEREAS, The Rush Line Corridor has significant transportation, safety and land use issues; and WHEREAS, There are opportunities for a variety of multi-modal transportation improvements in the corridor, including highway, commuter and freight rail, bus rapid transit, multi-use paths and/or recreational trails including bicycle trails, and Intelligent Transportation Systems (ITS); and WHEREAS, The Rush Line Corridor Task Force consists of cities, counties and towns from St. Paul to Duluth; and WHEREAS, the City of Maplewood wishes to collaboratively plan for multi- modal transportation improvements to the corridor and for the related land use and development impacts; and WHEREAS, The Task Force has completed a transit study on the Rush Line Corridor, and determined that planning for bus, bus rapid transit, and commuter rail in the Rush Line Corridor should continue; and WHEREAS, the Minnesota Department of Transportation has completed a study of the restoration of passenger service from the Twin Cities to Duluth and the Iron Range, and determined that additional analysis should continue; and WHEREAS, Minn. Stat. § 174.80 et seq. grants authority and responsibility to Mn/DOT to design, develop, construct, and operate commuter rail in Minnesota and to enter into agreements with joint powers boards to carry out these responsibilities; and WHEREAS, the Rush Line Corridor Task Force intends to work collaboratively with Mn/DOT and the Metropolitan Council for the planning and development of commuter rail or other rail or rail beneficial related transit modes in the Rush Line Corridor; and WHEREAS, it is the desire of the parties hereto to amend and restate the Agenda Item 19 March 31, 1999, Joint Powers Agreement; Now Therefore Be It RESOLVED, on March 26, 2007 by the City of Maplewood City Council that the Amended and Restated Joint Powers Agreement for the Rush Line Corridor Task Force is approved and the Mayor is authorized to sign the Amended and Restated Agreement. ATTEST: Karen Guilfbile, City Clerk ME NEM�� AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Steve Kummer, Staff Engineer SUBJECT: Rainbow Foods / Maple Ridge Driveway, City Project 07-03 Resolution Receiving Preliminary Report and Calling Public Hearing for April 23, 2007 DATE: March 15, 2007 INTRODUCTION The feasibility study for the Rainbow Foods / Maple Ridge Driveway Modifications is complete and attached. The study includes information on the proposed improvements, project schedule, and financing. The city council will consider accepting the feasibility study and ordering a public hearing. Background The proposed project area is illustrated on the attached exhibits. The westernmost driveway ingress/egress to the Maple Ridge Shopping Mall, located at 2515 White Bear Avenue, needs repairs and modifications in order to correct pedestrian safety issues and increase accessibility to large delivery trucks. Due to resident complaints, the City has initiated the public improvement process in order to address these concerns. All improvement costs would be assessed back to the owner of the Maple Ridge Shopping Mall. The total project budget as reported in the feasibility study is $17,760. All costs will be assessed back to the owner of the Maple Ridge Shopping Mall. • � • It is recommended that the city council approve the attached resolution accepting the report and calling for a public hearing for 7:00 p.m., Monday, April 23rd, 2007, for the Rainbow Foods / Maple Ridge Driveway Modifications. Attachments: 1. Resolution 2. Location Map 3. Executive Summary RESOLUTION ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted February 14, 2007, a report has been prepared by the city engineering division with reference to the improvement of the Rainbow Foods / Maple Ridge Driveway, City Project 07 -03, and this report was received by the council on March 26, 2007, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider the street improvement of the Rainbow Foods / Maple Ridge Driveway in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $17,760. 2. A public hearing shall be held on such proposed improvement on the 23rd day of April, 2007 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 41 iv I a a ' _ k C 1� W W 1� TT ^ yl h W� n W m Q� Q� N N J y am, J i. J � O J � w � � J � � V u h_ N y i C$ O � J y c3 H y SC-i J G s � � J h ti G J T r n J V n v 3 c j r.� P �N w N U CITY OF MAPLEWOOD RAINBOW FOODS / MAPLE RIDGE DRIVEWAY MODIFICATIONS CITY PROJECT 07 -03 EXECUTIVE SUMMARY The Feasibility Study and Report have been prepared for the Rainbow Foods / Maple Ridge Driveway Modifications - City Project 07 -03. The proposed project involves widening the radius of the existing driveway entry, reconstructing two pedestrian ramps and relocating an existing fire hydrant. The estimated costs for the proposed improvements are detailed below. These costs include a allowances for construction cost contingencies and allowances for indirect costs, as detailed in the feasibility cost estimates. Proposed Improvement Street Improvements: Water System Improvements: Total estimated project costs: $10,685 (60 %) $7,075 (40 %) $17,760 (100 %) It is proposed that the improvements be 100% financed by the developer through a combination of assessments and cash escrow. Estimated funding amounts from each of the financing sources are as follows: Financing Source Property Owner — Maple Ridge Shopping Mall $17,760 (100 %) The following is a proposed schedule for the project should the city council vote to proceed: Receive feasibility study and order public hearing 03/26/07 Public hearing 04/23/07 Authorize preparation of plans and specs 04/23/07 Approve plans and specs /authorize advertisement for bids 05/21/07 Bid date 06/15/07 Assessment hearing 06/25/07 Accept bids /award contract 06/25/07 Begin construction 07/02/07 Complete construction 07/16/07 Assessment certified to Ramsey County 10/08/07 Based on the analysis completed as part of this report, the proposed Rainbow Foods / Maple Ridge Driveway Modifications are feasible, necessary and cost effective, and would be a benefit to the City of Maplewood. y 4, � v. p rtJ n3 i-6 C U x x h xx !M^I 4> i5 o ,o � c � c t7 :: t x s G /may J x W x x x n as x 1 .. x x x x 0 x x x � o7-IUR-1301f/ IfiAPLE RIDGE DRf PRELIMINARY COST ESTIMATE STREET AND UTILITY IMPROVEMENTS MAPLEWOOD CITY PROJECT NO. 07-03 U115/07 TOTAL Estimated > Unit EST. EST. Item Description Unit Price CITY. COST 2021.501 MOBILIZATION LS 1,000.00 Tou 1,000.06 - - - - -- 2104.501 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- REMOVE CONCRETE CURB AND GUTTER - - - -- LF - - - -- 2.50 - - - - - 44.00 - - - - - - - - 110.00 - - - - -- 2104.505 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- REMOVE BITUMINOUS DRIVEWAY PAVEMENT - - - -- SY - - - -- 2.50 - - - - - 11.00 - - - - - - - - 27.50 - - - - -- 2104.505 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- REMOVE CONCRETE DRIVEWAY PAVEMENT/APRON/WALK - - - -- SY - - - -- 2.50 - - - - - 21.00 - - - - - - - - 52.50 - - - - -- 2104.505 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- REMOVE BITUMINOUS ROADWAY PAVEMENT - - - -- SY - - - -- 2.00 - - - - - 7.00 - - - - - - - - 14.00 - I - - -- 2104.511 - I - - - - - - - - - - - - - - - - - - - - - - - - - - - -- SAW CONCRETE PAVEMENT (INCLUDES CURB & GUTTER, DRIVES, AND WALKS) - - - -- LF - - - -- 10.00 - - - - - 10.00 - - - - - - - - 100.00 - - - - -- 2104.513 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- SAW BITUMINOUS DRIVEWAY PAVEMENT - - - -- LF - - - -- 3.00 - - - - - 94.00 - - - - - - - - 282.00 - - - - - - - - - - - - - - - SAW BITUMINOUS STREET PAVEMENT - - LF _ 3.00 - - - 33.00 - - - - - 99.00 2105.501 COMMON EXCAVATION, CY CY 9.00 5.00 45.00 2105.526 SELECT TOPSOIL BORROW, CY CY 12.50 2.00 25.00 2123.610 STREET SWEEPER WITH PICKUP BROOM HOUR 110.00 1.00 110.00 2130.501 WATER FOR DUST CONTROL M GAL 25.00 0.50 12.50 - - - -- 2211.501 - - - - - - - - - - - - S - - - - - - - - - - - - - - - - - -- AGGREGATE BASE CLASS 6 FOR - - - -- TON - - - -- 12.00 - - - - - 7.00 - - - - - - - - 84.00 2211.501 - - - - - - - - - - - - - - - AGGREGATE BASE CLASS 6 FOR DRIVEWAYS, TRAILS AND WALKS - TON_ 12.00 16.00 192.00 2340.508 - - - - - - TYPE 41 WEARING COURSE MIXTURE - FOR STREET - TON 52.00 - - - - 1.50 - - - - - 78.00 2340.514 TYPE 32 BASE COURSE MIXTURE - FOR STREET TON 50.00 1.50 75.00 2340.521 - - - - - - - - - - - - - TYPE 41 BIT. MIX. FOR DRIVEWAYS (3" THICKNESS) - - SY 16 .00 - - - - 6.00 - - - - - 96.00 2340.521_ TYPE 41 BIT. MIX. FOR TRAIL (2" THICKNESS) SY -12-100 :: -75.00 - - - - - 900.00 2357.502 IBIT MA - FO - R TACK - COAT - - - - - - - - - - - - - - - - - - GAL 2.50 2.5 2.00 5.00 2504.602 RELOCATE HYDRANT AND VALVE EACH 5,000.00 1.00 5,000.00 2521.501 4" CONCRETE WALK FOR PEDESTRIAN RAMP 8.00 140.00 1,120.00 2531.501 CONCRETE C&G, DESIGN B612, 8618, 8624, RIBBON OR TRANSITION LF 10.00 50.00 500.00 2531.507 - - - - - - 8" CONCRETE DRIVEWAY PAVEMENT, COMMERCIAL PER MPWD STD. PILT 2301236 - - SY 60.00 - - - - 22.00 - - - - - - 1,320.00 2531.618 PEDESTRIAN CURB RAMP W/ NEENAH GREY IRON TRUNCATED DOMES EACH 200.00 2.00 400.00 - - - - -- 2563.601 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- TRAFFIC CONTROL - - - -- LS - - - -- 250.00 - - - - - 1.00 - - - - - - - - 250.00 2573.530 INLET PROTECTION, TYPE A EACH - 5�06 2.00 300.00 2575.532 - - - - - - - - - - - - - - - - - - - - COMM. FERT., ANALYSIS 20-0-10110-0-20 FOR SODDED/SEEDED AREAS W/ MIX 270 - LB 0.60 - - - 1.50 - - - - - 0.90 2575.604 SODDING, TYPE LAWN (INCLUDING 270RT SEED @ 30 LB/AC) I SY 2.50 - - - 32.001 - - - - - 80.00 Subtotal: $ 12,278.40 + 10% Contingencies: 1,227.84 Subtotal Estimated Construction Costs: $ 13,506.24 + Estimated Easement Costs: + 31.5% Engineering, Administrative, Legal and Fiscal Expenses: 4,254.4 Total Estimated Project Costs: $17,760.71 Agenda Item 111 TO: Greg Copeland, City Manager FROM: Ch@rles/\h[ Director Of Public Works/City Engineer [}uVVaVO8KoOeVVko.Environmental Manager Environmental and Natural Resource Commission SUBJECT: 2006 Recycling Annual Report — Eureka Recycling DATE: February 23 INTRODUCTION On February 8.2007. Eureka Recycling presented and discussed the 2008 Annual Recycling Report with the Envin}Dnl8nto| and Natural R8SOu[C8 COnl[niSSiOn (ENRC). /\ copy of this report is included as GO attachment for your review and comment. MGp|evvood's contract with Eureka Recycling requires them to submit an Annual Recycling Report to the ENRC. The report provides a summary of the recycling activities that took place in2OU8. Eureka Recycling was awarded M8o|evvood's Recycling Contract in the fall of 2005 for service beginning January 2 The contract runs for 8 period Of five years. One Ofthe major Ch8Dg9SiOth8nSvv contract was the switch t0 weekly collection services. Weekly collection provides more space h3store recycling. Most people end up throwing away recycling they don't have room to store, particularly if they miss a collection day and have to store month's worth of recycling. In programs with weekly collection less recyclable material goes into the trash. By recycling more nn8tehG|S. new [n@tRhG|S like D8tnobeUrn (which is o nODnenRvvGb|R [83Ourc9 used t0 make plastic bottles) do not need to be mined. It is also more energy-efficient to nn8k8 new products from recycled nn8t8h8|G than from virgin nn8tRri8|G. For example, it takes 8 lot less energy to nn8k8 8 0|8sG bN1|8 from another glass bottle than bD make o glass bottle from sand. These environmental benefits Ofrecycling more nn8t8ri8|G far outweigh the 8nvin]nnn8nt8| cost ofcollecting each week. Another major ChoDgmfnJ[Dth8prRvOUaCOntnaCtiSth8tUl8CitvOfK8@o|GvvO0dr8qUirSd8r8v8nU8ShohOg component b8 provided inthe contract. This revenue sharing provision requires Eureka Recycling L0share the proceeds of the S8|R of the n8cyc|8b|es with the City. This new soUn}8 of money is being Used [0 0ffS9L the cost of administering the program and to assist in paying for other environmental program outreach The City's contract with Eureka Recycling also requires them to provide and staff G recycling hotline where residents can obtain information 8bVUL recycling, register complaints, and receive information on G vide variety nftopics. In 2006, Eureka received over 800 phone calls from Maplewood residents. The recycling hotline number i3051.222.7878. Information iS also available On Eureka's vvebsite8t . Residents can also visit the City CfK8ap|evvVod'svv8bsit8 at vvhRrR G link to EUreh@'SvvebSit8 is provided. Agenda Item 111 DISCUSSION The 2006 Maplewood Recycling Work Plan, which is required by contract, spoke to a number of goals and included further details about reaching these goals. The goals for 2006 were as follows: Education Eureka Recycling wiUfVCVSth8in|Ua|9dUC8tVn[m[omnnuniCaUngtV8UreSid8ntSabVVtchang8Ginthe recycling program and addressing the common, expected issues with the goals Of increasing participation and quality of materials set out aL the curb. Eureka Recycling will provide the following educational efforts to all K8ap|evv0nd Residents starting January 1 • City-wide mailing with district specific information • Corrective tagging, nn8i|inQ and tracking • Newsletter submission for all messages and changes • Attendance at Environmental Committee meetings as desired by the City • Answer all calls tVthe hotline about resident's questions Vr concerns with recycling • Work with residents as directed by the City OfMaplewood • Educate residents regarding vv8eWy collection services • Assist City in reaching out to those residents whose recycling day changed • Educate residents to 8nSuna recycling bins are at the Curb by 7:008.rn. Multi Family Recycling Outreach EVn8ha Recycling will work directly with the City to inno|8nlent strategies outlined in Eureka's Recycling K8V|U-F8nni|y Recycling TVo|hit. Implementation of these strategies will assist the City in reaching out k} these multi-family dwellings. |DitiG||y. the City will collect as much information as we can concerning these properties as iL relates to providing recycling services. The following basic steps are required for each multi-family building location: • Contacting the building owner or manager, making sure they buy into the program and sign 8r8cyc|ing agreement. K88p|9vvo0d'SK8U|ti-Fanni|y Recycling Ordinance peqUin8S all multi-family properties k)offer recycling to their tenants • Each will be set up with the appropriate types of containers and/or curbs are provided • All information is entered into G multifamily database • The account is monitored closely for the first three to six months to adjust to the proper schedule and to address contamination and participation issues through proper education. • Compile information on the amount and types of materials collected, note problems with the site or contamination issues, provide educational materials to the tenants, and update database as needed. For each nnV|Li-f8nni|y building, Eureka Recycling will Ln8Ck type of service (curbside or cart), number of units per building, and educational materials provided. Agenda Item 111 In addition, Eureka Recycling will be responsible for following the requirements outlined in the contract for all buildings with 11Or more units. Performance Monitoring |nGn effort k} determine appropriate education and operational decisions, Eureka Recycling will bR responsible to track the details of their recycling program in the City. This will provide the City with the necessary information and data to elevate and nn8k8 adjustments to the program. Eureka Recycling will also be responsible for submitting nnnnLh|y reports to the City with appropriate tonnage information for PSSidGDtio| and [nU|ti-f8Qni|y properties. Compiling of this information will provide the City with an established baseline to work from to evaluate program objectives and performance. Customer Service In an 8fkJd to provide very OOOd CUSt0[n8r SGnviCS t0 the residents Of K88o|8vvOOd, Eureka Recycling will be responsible for tracking complaints, missed pick-Ups, |8ie SRLoULG, contamination isSu8G, phone calls, and any other issues related tothe recycling program. The City is also requesting information on residents who call and compliment the program. The City will then process this information and suggest changes and/or continue with program enhancements that are popular with residents. RECOMMENDATION The Environmental and Natural Resource Commission discussed the 2O08Annual Recycling Report and all agreed that Eureka Recycling achieved the goals that were identified in the 2U00 Work Plan. Commissioners complimented Eureka Recycling on the multi-family work that has been done thus far and |O0k8d forward toworking with them on future projects. The ConlQniSSi0n voted t0 approve the 2000Annual Recycling Report. Staff supports this conclusion. Staff recommends that the council approve the 2UOS Annual Recycling Report. Attachment: 1. u0O0 Annual Recycling Report January 31, 2007 fini Beardsley Environmental Committee Chair, City of Maplevvood 1830 (entity Road B East Maplewood, MN i5109 Dear J1111: Eureka Recycling is pleased to present the 2006 report on Maplexvood's recycling prograiii. As a nonprofit organization with the mission to dernonstntte that waste is preventable, not inevit.tble, we value our partnership with Maplewood and are proud to be part of the city's efforts to develop its recycling In 2006. Maplexa-ciod and Eureka Recycling took major strides to decrease -w,, by changing to weekly curbside Collection and coordinating and enhancing the apartment (multifamily) recycling as a Focus of the city's recycling prograni. We also worked together to set tip sound data collection inethods and establish clear channels of colillnunication. Setting tip a system for gathering accurate and complete inforinartion is the only way to truly determine if vve are meeting Maplewood's recycling and waste reduction -oals, The litforniation gathered fit 2006 t- I n provides ar starting point that will allow its to determine future prograin effectiveness (i.e., the application of a specific outreach canipaign, the addition of a nett' niaterial, etc.) by comparing the outconle to the 2006 baseline data From this report. Throughout the year Our close interaction with city staff, attendance at environniental connnittee ineetings and neighborhood events, and hundreds of conversations with Maplewood residents, have confirmed for its that Maplewood's commitment to the environment remains strong, To reflect this, the 2007 xx orkpltii includes increasing participation through award vv inning education, the continued development of the apartment (InUltilFarruh,r) recycling program, and increasing recycling by, adding and prornoting liew niaterials, like milk cartons, Juice bores. clothes, and linens. We look forward to working together with Maplewood to improve the recycling program and work toward a waste -fired toiiiorro-,, Sincerely, ,r fa Susan Hubbard CEO and Co-President CC DLIWayne Konewko Tun Brownell ('00 and Co-President 2828 Kennedy Street NE \ Minneapolis, IVIN 55413 \ (651) 222-7678 \ Fax (612) 623-3277 \ www.eurekarecycling.org Eureka Racycliro is an affirmative action, equal opportunity employer. It is our policy to hire vvithcut discrimination based on race, creed religion sex, color, national origin, sexual or affectional orientation, ancestry, familial status, age, disability, marital status or status crib regard to public assistance. I? Printed xdtri so; -based ink by a rohnnesora Great Printer on 100% postconsumer recycled paper that was processed onthout the use of chloride. /r MAI Annual Composition Study Eureka Recycling conducted the annual composition study of materials frol January I to February 15, 2006. (See Appendix B for details about the methodology of the composition study.) City of Maplewood Composition Percentage of Total Papers 3rd Quarter ............................... "I',"",',, 72.5% Containers 27.5% Glass Bottles 16 . 0 9',,/(, Average per IIIIIIIIIIIlI PET(#I)/HI)PE(#2) Plastic Bottles Steel Cans 3.07% Aluminum Cans 1.78% Foil 0.02% Residual* 0.84% *Residual consists of nonrecyclable items and un-sortable iuiterids. Revenue are Summary The market values for the recyclable materials collected in Maplewood 1112006 were excellent. Rapid economic groxs around the ,ATorld has created great demand for the 3rd Quarter ............................... "I',"",',, ............... ............... ............... .. 4th Quarter Average per IIIIIIIIIIIlI Quarter Annual Participation and Set-Out Rate Studies Eureka Recycling conducted the annual participation and set-out rate study from October 11 to Novernber 10, 2006. (See Appendix C. for the definitions and methodologies of the participation and set-out rate studies.) City of Maplewood Set Out Rate Participation Rate Monday 44'Y,) 73 % Tuesday , 9 1)/ ") / u 64% Wednesday 40% 67% Thursday- 43% 7 { }% Friday 471 73% Average 43%* 69% * Nvith i rarige ti -oin 29% to 54,4, ,Jill 11101111 1111111 1 1111111 ill ill 1111111 111111111111111111 iiiiiiij 111111 11111111 iiiiii Pill III Ill I I To better understand the environmental benefits of recycling, it can be helpful to translate the number of tons recycled into the number of trees replaced by recycled paper, energy savings, the equivalent greenhouse gas reduction. water conservation. etc. The Environmental protection Agency (EPA) created an environmental calculator as part Of its study of waste inatiao practices as they relate to greenhouse gas emissions. This calculator is coinnionly used in the recycling industry. (littp:/",/'epa. calctilators"/'Wanii Form.larnil) There are several on-line sources that you can use to can further translate the green house gas emissions reduction and energy act s avings into everyday activities (such as cars off the t) everyday road or iiiiii of trees saved). Again, different Calculators will yield different results depending on their assumptions and equations. According to the EPA calculator, Maplewood's 2()(,)6 recycling etTorts resulted in the followitio- environmental benefits: Total Recycling Carbon Equivalent Carbon Dioxide Energy Savings Reduction Reduction 2,614.26 tons 1,771 metric tons 6,49, metric tons 63 iiiiihou (MTCE) (MTC' 02E). BTUs NITCE (Nictric tong of carbon equivalcm). MTC0- (Metric tons of carbon dioxide cmi,�ioll,) 31-C figures commonly used vvhim di,cussing grcinihousc gaz emissions. For more information, visit: littp MORMh"lomm In addition to the figures noted above, Eureka Recycling runs their trucks in Maplewood on a 20% biodiesel blend, which further reduces greenhouse gas emissions. For more information, see the enclosed "Benefiting From Biodiesel" Fact Sheet (Appendix D). Guide to Recycling Requests for Information hi response to questions and calls, we marled specific recychug schedules au d sorting luforruaticio to over 125 Maplewood residents. Direct Education Thank you for recycling! Special Pickup Addresses As part of our efforts to provide excellent customer service, Eureka lt.,ecycling offers to collect recycling from locations other than the curb for residents who request special pickup service due to short- or long- terra physical limitations. Cuireutly. this service is extended to almost 50 Maplewood residents iri order to help them recycle. 2 Al .......... . . .. The city provides bins to hold your recycling! Thank you for recycling! Special Pickup Addresses As part of our efforts to provide excellent customer service, Eureka lt.,ecycling offers to collect recycling from locations other than the curb for residents who request special pickup service due to short- or long- terra physical limitations. Cuireutly. this service is extended to almost 50 Maplewood residents iri order to help them recycle. 2 r^� 0 �� Environmental Committee Open House On August 16, 2006, Eureka Recycling participated III the city of Maplewood's Erivironniental Con-unittee Open House event. Approxiniately 50 Maplewood residents enjoyed spending time with one of our award winning recycling collection vehicles up close, and had the opportunity to vote for two out of three possible names for the two new trucks purchased to collect recycling in Maplewood. Eureka Recycling staff had niarn,conversations with residents about the recycling program, and engaged with i Z7. ZD children through a recycling oZDunre sorting and tossing bean-bag "recyclables" into the trough of a inini recycling truck. Name the Trucks Campaign Asa fun Nvay to involve residents, Eureka Recycling created three possible names and personalities for the two new recycling collection trucks being used In Maplewood. Residents voted on their favorite names at the Maplewood Environmental Connuittee Open House on August 16, 2006, and could also cast a vote by calling the recycling hotline. The winning naines are Leaf, who tells you to follow nature's niodel where nothing wasted, asted, and 52 Pick -Lip, reminds reinds residents they can recycle daring any of the 52 weeks in I year. Decals with the naines will be added to the new trucks so residents can recognize them as they work in the streets of Maplewood every day. Agenda Item 112 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Steve Kummer, Staff Engineer SUBJECT: Desoto - Skillman Area Street Improvements, Project 06 -16 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Assessment Roll DATE: March 15, 2007 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, April 27 2007. Award of bids would be considered by the city council at the May 14, 2007, city council meeting. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll. Background Only costs related to the street improvements are proposed to be assessed, and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as was outlined in the feasibility study. Discussion Refer to the attached exhibit for the project location map. Streets generally north of Roselawn Avenue have existing curb and gutter, with the exception of Sloan Place, north of Skillman Avenue. Existing curb and gutter will remain in place or be replaced due to damage, utility construction or poor soils. Streets generally south of Roselawn Avenue have no existing curb and gutter. All streets currently without curb and gutter are proposed to receive new curb and gutter along their entire length. Properties along streets with existing curb and gutter are proposed to be assessed for a partial street reconstruction assessment. Properties along streets currently without curb and gutter will be generally assessed for a complete street reconstruction assessment. Drainage improvements are proposed throughout the project, with the most significant drainage improvements occurring on the streets generally south of Roselawn Avenue. Streets south of Roselawn Avenue will receive new storm sewer and areas for treatment of storm water runoff from the street. This will be accomplished by the addition of rain gardens and other areas for storm water infiltration. Drainage improvements north of Roselawn Avenue include the addition of rain gardens and infiltration ponding areas. The goal is to control the volume of storm water discharging into Roselawn Pond (a no- outlet pond) and also to improve water quality in the pond. Similarly, storm water controls for areas discharging into Oehrlines Lake will also be enacted. Storm sewer assessments will be proposed to properties that have not been assessed in the past for storm sewer. Other improvements that will be completed as part of this project include approximately 1,500 feet of water main replacement /installation and select repairs to sanitary sewer mains. Through a series of neighborhood meetings it was determined that sidewalk will not be constructed along Desoto Street. It is proposed to add a bike lane on both sides of Desoto Street to accommodate bikers and pedestrians. Staff explored putting a median down the center of Desoto Street. It is not possible to add both the Agenda Item 112 median and the bike lanes due to Mn /Dot requirements in regards to lanes widths and clear space. The feasibility of a trail connection from Desoto Street to the Gateway Trail was also investigated. There is a substantial elevation change from Desoto Street to the trail. A connection would require steps and would not meet ADA requirements as required by the DNR for a trail connection. Staff does not recommend a trail connection at this location. N :NIQl,YiIl,Yil4ZIBLr1[f7ZI It is recommended that the City Council approve the attached resolutions for the Desoto - Skillman Area Street Improvements, City Project 06 -16: a. Approve Plans and Specifications and Advertise for Bids b. Order Preparation of the Assessment Roll Attachments: 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Assessment Roll Hearing 3. Pending Assessment Roll for Project 06 -16 4. Location Map RESOLUTION APPROVING PLANS WHEREAS, pursuant horesolution passed bv the city council on January o m .20O7. plans and specifications for the Desoto-Skillman Area Street Improvements, City Project O0-18.hoveb8enpnapared by (or under the direction of) the city engineer, who has presented such plans and specifications LVthe council for approval, NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OF THE CITY OF M/\PLEVV[>(JO MINNESOTA: 1. Such plans and specifications, o copy of which are attached hereto and made a part hereof, are hereby approved and Ordered placed on file in the office of the city clerk. 2. The Cib/ clerk shall prepare and C8VS8 to be inserted in the official paper and in the Construction Bulletin an advertisement for bids UpOD the making of such inlpn3v8nl8nt under such approved p|8DS and specifications. The 8dw8diSenleDt Sh@|| be published tvviCS at least ten days before the date set for bid opening, Sh8|| specify the work L0 be done, Sh8|| SLGt8 that bids will be publicly opened and considered by the council at 10:00 a.m. on the 27th day ofApril, 2007, at the City h8|| and that no bids Sh8|| be considered Un|8Ss sealed and filed with the clerk and accompanied by 8 certified check or bid b0nd, payable t0 the City of K8ap|evvoOd. Minnesota for five percent of the ono0Unt of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to r8C8iv8. open, and [8od G|OUd bids naCeiwSd at the time and p|GoR h9pRiO noted, and to tabulate the bids received. The COUDCi| will consider the bids, and the @vv8nd of COOtrGCt. at the regular city council [nSRtiDg of May 14th 2007. RESOLUTION [}R[}EFf|NG ASSESSMENT ROLL HEARING WHEREAS, the city clerk and city engineer will receive bids for the Desoto-Skillman Area Street Improvements, City Project 06-16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without r8g8nj to cash valuation, 88 provided by |8vx, and they shall file 8 copy of such proposed assessment in the city office for inspection. 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Lake Ln 0 J cn SKILLMAN AVE. SKILL AV E. BEL to UAVE. F O (D ry :2 < 111 1 0 0 o ry < ry C/-) GATE WAY SUMMER n CL < MT VERNON M AVE. Li C/) LL LL J 7 RIPLEY Cn _J < 0 0 0 1 TOENJES tRosel awn Ed erton g Park A LLL" ry < 0 Western z PL. < M ry RIP LE < Cn PL Park AVE. w 0 ry 0 V Lu AVE BELLW o d. AV E. BEL LVVUUU I Cn AVE. I— C/-) GATE WAY SUMMER E. LLJ ry SUMMER LN. n CT. Lj RIPLEY Cn 4, SU MER D — u I— CD 71 Western z PL. < M ry RIP LE < KINGSTON AVE. Hills 0 w NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Cn I Cn AVE. I— C/-) GATE WAY Cn Cf) RIPLEY AVE. 4, Cn A '5 I— CD 71 n M < KINGSTON AVE. w 0 ry 0 V Lu PRICE '� z 7 n C 0 n < H P < AVE n NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Agenda Item |13 AGENDA REPORT TO: Greg Copeland, City Manager FROM: R. CharleS/\hi Public Works Director/City Engineer Bryan P. Nagel, Street Superintendent SUBJECT: Purchase of Bituminous Materials DATE: March 15 Each year the largest impact on the street department's maintenance material fund is spent on bituminous purchases from T./\SChifskv. |n past years the costs ranged from $20 This iS8nannual necessity to [noiOt@iD roads through patching, paving, and curb work. Due tOthe increasing price Ofoil, this item is very difficult LV estimate and cannot be assured 8t this time. |tiS anticipated that the various purchases for this maintenance work will approach $35,000 during the 2007 maintenance season. Authorization tV purchase this Vn8n as-needed basis isrequested. The Streets Program budget includes $54,800 allocated for maintenance nn8teh8|s of which $35,000 is dedicated t0 bituminous. The remainder Of funds are used for boulevard repairs and other street repair items. NO adjustment tO the budget iS anticipated due to the higher than expected costs. Authorize the Street Superintendent to purchase the necessary bituminous materials up to a maximum of $35,000.GSneeded to perform street maintenance. To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Authorization to Pay Invoice For K-9 Car Set-Up Date: March 22, 2007 Introduction The Police Department has an invoice from HealthEast Vehicle Services in the amount of $7,666.15, and City Council approval is required to pay this invoice as it is over $5,000. The Police Department has recently assigned two new officers as K-9 officers, and the police squads they use require equipment unique to this position. Generally the used equipment is transferred from the old K-9 car to the new K-9 car, and that has been done with one of the new K-9 cars. However, a new set of equipment needed to be purchased for the build-up of a third K-9 squad. The cost of this equipment and installation has been budgeted for. I aggem E = = It is recommended that City Council approval be given to pay this invoice for the build- up of the new K-9 squad. Action Required Submit to the City Council for review and action. DJT:js AGENDA NO. K-1 FROM: Bob Mittet, Finance & Administration Manager SUBJECT: Firefighters Relief Association —Approve Increase in Pension Benefit DATE: March 26, 2007 Background On February 12, at the City Council/Manager Workshop, request was made of the Council for approval of a bylaw change for the Maplewood Firefighters Relief Association changing the benefit level from $4,000.00 to $4,500.00 for each year of service. This benefit level change was proposed to be effective October 1, 2006. The council requested information on benefits provided by other fire relief associations as well as the completed audit of the Maplewood Firefighter's Relief Association, for the year ended December 31, 2006. That information is now available. The most recent information is from the 2005 Financial & Investment Report of Volunteer Fire Relief Associations and is prepared by the State Auditor's Office. This data shows Maplewood ranked 24 of 34 metro associations using Lump Sum or Monthly / Lump Sum plans at a $4,000.00 benefit level. Increasing the benefit level to $4,500.00 would place Maplewood at 20th. Shakopee is 1" at $7,500. Roseville and Cottage Grove are last at $2,700.00. The audited financial statements show net assets of the association at December 31, 2006 and 2005 to be $4,860,665.00 and $4,133,233.00, respectively. Recommendation Staff recommends approval of the bylaw change increasing the benefit level to $4,500.00. P:\WORD\AGN\Fire Pension Benefit 2007.doc N MINTIOW 1 1 1 111 1 11 INNER!! 1 a • 132MMI 11 1 111111111111 i I I F I I I I I F P I I i I I I! I I I I I I F 1 1! 1 1 !1 !1 Re; CITY COUNCIUMANIAGER WORKS140P on Monday February 12, 2007 Request for additional information on benefit amounts of other fire relief associations The other item requested from our meeting, was the 2006 annual audit from HLV! Tatuges and Redpath that is now completed. In the event that there are any questions, concerns or would like this in a different fon Tease feel free to contact us at your earliest convenience. 651-73 1 -3437 hm 651-310-7766 bp efitzge I @travelers. coin mplwdfgaol.com owing existing oy-taw as it now reaus, 7117 section 9.2 benefit levels. I I I I I I I I I I! I I I !!I I I I III I V I II III I I I I l,I I I I I I III I ARTICLE IX - BENEFITS Section 9.2 Benefit levels: The Board shall submit schedules to the City for the following benefit level of S4000 per year of service as of August 1, 2005. Amended July 18,2005 SM ARTICLE IX - BENEFITS Section 9.2 Benefit levels: The Board shall submit schedules to the City for the following benefit level of $4500 per year of service. Effective October 1, 2006. t - • r i# • f^ f •• J : ' s • '! is '« ## ♦•` !: • E i # • . r • 'r• • i M! 'l J J i l A� r • it •s' J � ' •# . «I # i :'` '! : : : I ...r• a:... �. f:. � °i d � ' i& i � ' J i #4 #�I; d r ♦ E.. r .` ; J. • .r J ^! •■. r y e . ; '«J � ## :': ' �•♦ _. . � : • .., .. r I - ! ! • 1. { t { i . .. :r ? •' 1, � _, s <� - � { i i ! i ._ J 1 « ♦ • f^ Agenda Item L1 MEMORANDUM T(]: City Manager FROM: T0[n EkStn3Od, Senior Planner SUBJECT: Support for HUD-Financing Request--NHHU Maplewood Senior Development LOCATION: White Bear Avenue, South Of County Road C DATE: March 20.2807 NHH[|Oc.,is requesting that the City Of Maplewood support their efforts to secure funding from the U.S. Department 8f Housing and Urban Development /HU[)\ for their proposed 54-VniLsenior housing development 8i White Bear Avenue and County Road C (south Vfthe Regal Car Wash and behind the White Bear Avenue fronting buSineS38S\. N||H| will be submitting 8n application for $6,634,000 under the HUD Section 202 program which provides grant monies for construction and long term rent subsidies to not-for-profit housing corporations. Refer LO the map and the applicant's letter Vfrequest. DISCUSSION Staff sees no problem with this request. Nor do we see any liability from the city's standpoint. NHHI, Inc., will make all necessary applications and is only requesting adoption of the attached resolution Ofsupport. RECOMMENDATION Adopt the resolution showing the city's support for NWH|, Inc., in their application 0J HUD for development-g rant funding. p:nec11\NHH| Maplewood Senior Development 307te Attachments: 1. Resolution nfSupport 2. Letter from NHH|. Inc. dated March 1G.20O7 3. Architectural Perspective Drawing nfNHH|'e"The Meadows at0xbnro^Development 4. Location Map 5. NHH| Brochure uf The Meadows Attachment WHEREAS, NHN Inc., has requested that the K8an8vvOOd City Council support their request for HUD Section 202 Program grant monies by this resolution of support; WHEREAS, this property is located south [f County Road {| and west 0f White Bear Avenue behind the businesses that front on those streets. This property is legally described as WHEREAS, the K48o|evvoOd City Council, understands that NHH[ Inc., will be formally submitting the necessary development applications to the City of Maplewood for their proposed 54-uniL seniors-housing development and that the submittal plans and documents shall Uesubject tO their review and approval; NOW, THEREFORE, BE|T RESOLVED that the Maplewood City Council hereby supports the application for HUD Section 202 grant monies by NHHI, Inc. The Maplewood City Council adopted this resolution on March 2S'2OOY. March 16, 2007 W li, I ill 11111 IMME I 901"WMESSNEWISRS No Imffs. The Meadows Apartments, a 50 Unit building for seniors in Bloomington, Minnesota, I � -� . 4 � , N J5 1 1 CN N) fNN A Maplewood Senior Housing Page 2 compliment of shopping facilities within easy walking distance and transportation is available at the site, UNUUM1110-1 IBM# Very sincerely yours, Michael J. Bjerkesett, President i. IN 4 t E 1 Attachment 5 i m All t Lil __.0 LU LU C 1� r k LJJ LU Lij a 1 , k a CA tt I# s o { j k t #�eSwr Iv 4- 4 LLJ v c / LJ F 5 P" 1 uj LLJ rJ cz trr LAJ V E2 0 VT- L,. My Agenda Item L2 T(]: City Manager FROM: T0[n EkStn3Od, Senior Planner SUBJECT: Conditional Use Permit—Ramsey County Correctional Facility LC){|A7|[)N: 287 Century Avenue South DATE: March 18.2807 Proposal Bruce Thompson, with Ramsey County's Property Management Office, is requesting approval of expansion plans for the Ramsey County Correctional Facility. This proposal would consist nf8 58.5OO-SqV8r9-h]ot addition k} the existing 13U,837-square-h}Vtfacility. The primary reason for this expansion ishJ provide additional inmate housing. There would bR87 more men and 103more vvO[n8O. With the additional housing proposed, there will be a total of 436 men and 120 women at the facility. The applicant would also add 02 new parking stalls and make several interior renovations Lo the facility. Requests The applicant is requesting that the city council approve: ~ A conditional use permit (CUP) to expand the correctional facility. City code requires 8 CUP for public buildings and services. 0 Design plans for the project. DISCUSSION Staff feels that the CUP for the proposed correctional facility expansion should be granted. The proposal meets the criteria outlined by ordinance, and by its design will not pose any negative impact for the neighborhood. The additions would be on the least noticeable sides of the facility and the future garages would be to the rear of the site and largely out of view. RECOMMENDATIONS A. Adopt the resolution approving 8 conditional use permit for the expansion of the Ramsey County Correctional Facility located 8i297 Century Avenue South. B. Approve the project plans. psecl 2-2mRCnp Expansion o07Summary MEMORANDUM T(]: City Manager FROM: T0[n EkStn3Od, Senior Planner SUBJECT: Conditional Use Permit—Ramsey County Correctional Facility LC){|A7|[)N: 287 Century Avenue South DATE: March 18.2807 Project Description Bruce Thompson, with Ramsey County's Property Management Office, is requesting approval of expansion plans for the Ramsey County Correctional Facility. This proposal would consist nf8 58.500-SqV8r9-h]ot addition k} the existing 130,837-square-foot facility. * New inmate housing for 07 more men and 1U3 more women. With the additional housing proposed, there will be a total of 436 men and 120 women at the facility. � Expansion of the outside exercise yard on the north side of the north addition after the removal w Women's intake and work release wing with second floor program space. With an alternate proposal for 8 basement-floor storage room. � Expansion in the Administrative courtyard to accommodate the remodeling of the existing men's intake. ° Expansion Vf the existing loading dock facilities 0n the basement level. • Extension of the exist central corridor at the basement level to serve the expansion. • A new mechanical penthouse on the roof of the housing expansion. • The expansion Of the parking lot to add 02 parking stalls. • Removal of the temporary office structure presently located at the south end of the parking lot. * Reconfiguration [f the existing loading dock and staging area with 8n alternate proposal for replacement of the existing traction freight elevator with a two-stop hydraulic elevator inthe existing hoistwxay. * New basement level Electrical Service Room. ~ New concrete ramp and metal railing serving the existing gymnasium tJ meet AOA requirements for the space. 0 Conversion of the existing visitation room from a face-to-face method to a video visitation area * Reconfiguration of the existing men's intake area which occurs in conjunction with the building addition described above. Future Changes Include • The main driveway from Century Avenue would be relocated in the future k) align with Oakwood Road. This relocation would move the driveway 180 feet to the south and would also provide for 20 more parking stalls 3t the north end 0f the parking lot. • Two future small-vehicle storage garages west of the facility. The applicant states that the nature of the correctional facility necessitates on-site security at all times, and as a result, no increase in demand for police services from the City of Maplewood due to expansion is anticipated. Additions proposed to the building will have an automatic sprinkler system and 8 water line with hydrants that loops around the complex. Emergency vehicular access tOthe building is available around much of its perimeter. Rain gardens to infiltrate 8 one- inch runoff over the new impervious surface have been designed into the expansion plans. Existing water and sewer lines are adequate to serve the facility with the proposed additions, though one additional sewer and one additional water service are planned to serve the north housing addition. Refer t0the applicant's COrOp|etS narrative. Requests The applicant is requesting that the city council approve: w A conditional use permit (CUP)k} expand the correctional facility. City code requires 8 CUP for public buildings and services. 0 Design plans for the project. OD December 9,1991 the city council approved GCUP for the Ramsey County Correctional Facility to add onto the building to increase inmate capacity to add 50 beds. On March 11, 1996, the city council approved a CUP amendment for the county to quit farming and cattle raising and switch to plant nursery operations. On November 13, 2001, the city council approved a CUP and the design plans for the Ponds of Battle Creek Golf Course on the Ramsey County Correctional Facility site south of Lower Afton DISCUSSION Neighbors' Cmmcmrns Staff surveyed the surrounding property owners for their input, opinions and concerns. Of the replies we received (refer to these in the repod). there were some primary concerns raised. These are: Traffic Neighbors expressed concern over the potential increase intraffic on8n already busy roadway and the impacts on the nearby congested intersection of Century Avenue and Lower Afton Road. | asked Dan Solar, the Ramsey County Traffic Engineer, to address the traffic-impact concerns. Mr. Solar gave the following response: Ramsey County, Washington County, City of Maplewood and City of Woodbury have been working for the last several years tO develop o roadway improvement project forCSDtury Avenue and Valley Creek Road in our communities. We are now proceeding with a project k] reconstruct Century Avenue from Lake Road to|-94 and Valley Creek Road from Century Avenue to the new 494 interchange. The reconstruction will include a new four-lane divided roadway, turn lanes, traffic signals at Century and Valley Creek Road, new paths and/or sidewalks, and drainage improvements. ASyou are probably aware, this roadway iS severely in need of physical, capacity and safety improvements. VVe are working on right Vf way acquisition and design this year and the project iSaChGdU|mdforCOnStruCtiODiD2OO88nd2009. This work is necessary for existing and projected tnaffiogrOvvUl.ThepOssib|eonrn*ot0na3ite expansion i3not expected t0 add significant traffiCbUtanyinCre8SeSwiUb8000Ononnodotedby our new roadway construction. The traffic improvements explained bv Mr. Solar will begin in2U08. These changes will improve traffic flow and decrease congestion and are planned regardless of the proposed correctional facility expansion. The increase in traffic resulting from the expansion will be slight, and the pending roadway improvements will certainly accommodate these minor increases. Driveway Relocation The county plans to move the driveway south to the proposed future location in 2008/2009 when the street and interchange work takes place. One Woodbury resident opposes this relocation 0f the driveway. This resident prefers that the current driveway |oCGLi0n remain in p|8t8 t0 preserve the screen of trees along the correctional facility frontage. The relocation 0f this driveway is safer from 8 traffic standpoint. Traffic flows better when streets and driveways line up and turning movements are eliminated. As for removing the trees, once removed, the existing driveway opening can be planted with trees and shrubs, as could the front of the site GS needed, tO further screen the site. This iS more beneficial than preserving the view for How is the PmDosed ExDansionFunded? Several residents questioned how the expansion would befunded. They UV not want 8nincrease iD taxes tO pay for this expansion. Mr. Thompson explained t0nn8 that the correctional facility expansion would b8 paid for through 2O-y98[ capital bonds. There iSD0 proposal t0 raise taxes. Taxing is always a county board decision and Mr. Thompson cannot address what the board may do in the future. Addina Confinement Sr)ace to House Women / Tvr)es of Persons Confined The correctional facility has been housing women for several years now. Other than aproposed increase to house 103 more women and 67 more men, the function and operation of the facility will nOtChGOg9. Some residents expressed concern that there would b8inmates of8more serious type because 0f the proposed expansion. The level Or degree Of those incarcerated in this facility (rnininounn-vs. medium-security inmates) will not change. With the potential addition OfuptO 170 more inmates, staffing will also increase io21 more nnnp|oynao--14 new guards and seven new program/administrative support people. Staff feels that the CUP for the proposed correctional facility expansion should be granted. The proposal meets the criteria outlined bv ordinance, and bv its design will not pose any negative impact for the neighborhood. The additions would beVn the least noticeable sides of the facility GOU the future garages vvOu|d be to the rear Ofthe site and |8FgS|y out of view. Design Considerations Architectural The existing building has an exterior of tan-colored brick, except for the admissions section of the facility in the middle [f the front elevation which has 8t8g8d8[U stacked concrete panels about three by four feet insize. These panels are close bJ the brick incolor. The proposed addition would have an exterior of precast concrete panels that are colored to match the brick in color. There would also be prefinished metal fascia and trim on the upper level. The dock addition would have precast concrete panels. Typically, when n8vi8vvin0 p|8DS for building additions, the Cib/ tries to StPSSS the use of the SonnR nlotGri@|S. The pnDp0S8d C0nCr8tR pon9|S, in this inSb3Dc8, vv0u|d be 8CC8pt8b|8 SiDC8 they would be compatible color and would also give a more updated appearance to the structure than the brick provides. The building is also setback 8 substantial distance from the ro8d, thereby, making any difference in materials much less noticeable. III! The applicant is proposing olantingSfor the rainwater gardens, an assortment of trees bvthe parking lot and along the street frontage. Staff recommends that the tree line that i8presently along the street frontage, and proposed to be extended northerly, be further extended across the driveway opening when the existing driveway isremoved. This would provide additional buffering for the neighbors across Century Avenue. Before getting @ building permit, the applicant should provide 8 revised landscape plan showing the caliper inches Cf trees t0bRreplaced. The plan must reflect that the total caliper inches 0f trees replaced equals 258s required by city code. The applicant is proposing to add 82 parking spaces 8t the south end Vf the existing parking lot. There would be@loss of10spaces from the existing lot, but 72 new ones added. When they reroute the driveway, ther8wiUo|SObS@netg8iDOffOUrnl0nep@ddngspGc9S. There would bRG total of1M removed and 22added. The city code does not regulate the parking for @ correctional facility. The parking proposed, therefore, i3incompliance. |fa shortage would develop in the future, the applicant would need b] provide more parking spaces. There is sufficient space for more ifneeded. The parking stalls should measure 9Y2fe8[iD width, however, 8s code requires. Department Comments Building Official Dave Fisher, the M8p|8vvoOd Building C>ffiCi8|, has the following comments: • The city will [GqUina G cO[np|8t8 building COd8 GO8|ySiS when the C0OStnJCtiOD p|@Da are submitted to the city for building permits. • All exiting must Qo0J 8 public way. • The applicant must provide adequate fire department access t0 the building. • The buildings are required to be fire sprinklered. • The project manager and contractor should meet with the city building inspection department in 8 pre-construction meeting. Enciineerinci Department JonJ8n}sch Civil Engineer with the city, has reviewed this pn}poG8| and given his review comments in the attached report. Refer b] Mr. J8n}Gch'G attached report dated March 7 9 Police Lieutenant Sh0dreed gave the follow comments: * Adequate outdoor lighting should b8 incorporated into the project in order t0 assure that visibility 8t all entr8nC8s/exitS.8S well as around the proposed addition, is appropriate and does * Adequate si should be provided in order to readily mark the main entrances/exits at the � Upon completion of the project additional facility staffing needs should be met in order hD maintain a secure environment for the increased inmate populat that will result from the facility expansion. This would include separation of the nn8|8 and female innn8k] populations in order to avoid any potential risks that may result from mixing these two populations together. Assistant Fire Chief * The app shall install fire protection, per code requirements, including fire department standpipes within the facility. 0 The fire protection shall be monitored as code requires. * There shall be a 20-foot-w minimum width fire access road around the building. * The applicant shall submit for rev the proper placement of horn/strobes. ~ The applicant shall provide a floor plan show post at the ma doors for fire department Watershed District CN January 3.207, the Ramsey-Washington Metro Watershed District Board reviewed this proposal and determined that the project isinconno|iancevvithUh8vv8tersheddisthCt'G requirements, subject to some minor modifications to be reviewed by the district's staff. COMMITTEE ACTIONS K8orCh S. 2007: The planning COnlnlisSkJn held @ public hearing and PSCOmnnRnd8d approval of the CUP. March 13.2O07: The community design rev board recommended approval Of the desi o|8nS. N. RECOMMENDATIONS A. Adopt the resolution approving a conditional use permit for the expansion of the Ramsey County Correctional Facility located 8t2H7 Century Avenue South. Approval is based onthe findings required by the city ordinances and subject to the following conditions: 1. All construction Gh8|| follow the site plan approved by the City. Staff may approve minor changes. 2. The proposed construction must be substantially started within one year Vf council approval or the permit shall become null and void. J. The city COuDCi| shall review this permit in one year. 4. Comply with all requirements of the city's assistant fire chief, police dep8rtment, engineering department and building official as stated in the staff report. 5. The applicant shall remove the existing temporary office building aspart of this facility expansion. S. Site lights shall be designed so the light source is not visible off site, shall not cause any glare beyond the property lines and not exceed maximum light-intensity requirements of the city ordinance. 7. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 8. The future driveway to Century Avenue is approved as proposed and is expected to be built in 2009. The existing northerly driveway must then be removed and this area restored as |8vvn. 9. The location of the future garages behind the building iSapproved. The applicant must submit the design of these buildings to the community design review board for approval b8h]r8 construction. B. Adopt the plans date-stamped February 5, 2007 for the expansion of the Ramsey County Correctional Facility, located at 297 Century Avenue South. Approval is subject to the applicant complying with the following peqUin8nn8ntS: 1. Repeat this review in two years if the city has not issued 8 permit for this project. 2. Before getting a building permit, the applicant shall obtain a conditional use permit for the proposed expansion. 3. The applicant shall remove the temporary office building as part of this facility expansion. 4. Before getting a building permit, the applicant shall submit a revised photometric plan N showing that GU new freestanding lights maintain 8 height of25feet or less as nn88SVr8d from ground grade to the top of the lumen. 5. Before getting abVi|dinQp8nnit,th8app|ic8nL8h8UsUbnnh8revisedgr8ding8nddn8in8Q8 plan which addresses all the issues spelled out in the city engineering review dated March 7,2007. 8. The expansion t0the south end of the parking lot shall b8installed with the proposed building expansion. 7. The location of the future garages behind the building iSapproved. The applicant must submit the design of these buildings to the community design review board for approval before construction. 8. Before getting 8bui|dingpen0it,th88pp|iC@ntSh@USubnlbo[8viS9d|@ndsCGp8D|on showing the caliper inches 0f the trees bJbereplaced. The plan must reflect that the total caliper inches [f trees replaced equals 258s required by city code. 9. Any trash that is kept outside shall be kept in the rear of the building out of the public's sight 8S required Uy city code. 10.|f any required work iS not done the city may allow temporary occupancy if: 8. The city determines that the work is not 8sS8nLi8| to the public h88|Lh safety 0rwelfare. b. The oib/ receives cash escrow or an irrevocable letter Of credit for the required work. C. The amount Sh8|| be 150 percent of the cost of the unfinished work. 11. When the Ramsey County Public Works Department completes the relocation of the driveway, the row of trees and shrubs that are along the street frontage shall be further extended across the driveway opening when the existing driveway isremoved. 12. All work shall follow the approved plans. Staff may approve minor changes. N . CITIZENS | surveyed the owners of the 226properties within 500 feet of the site. Of the 34 replies, seven were in favor or had no objection, 14 were opD0Sed, sin had no oDnnnn8nt and seven expressed mshOuS comments. Many comments were repeated and shared by the respondents. | have included a summary of all of the comments I received and copies of letters that were sent. In Favor 1. |annok with the expansion. (Fpeeburg Pond Avenue) 2. |tvvi||b8okvvithUs. Please don't let people escape. | walk in the p8[h'Ustt0 the west Ofthe workhouse. (BGrrett.2485LODdinLane) 3. | have lived in the area for 19 years and haven't experienced 0r been aware of any problems Or serious incidents. (EdnniSL8n.2485LondinLane) 4. | have nO objection to this proposal. (Parish, 541 Deer Ridge Lane) 5. VV8 have nV problems with the expansion Vf the facility 88 long 8s the security factor remains safe and the seriousness Of the offenses 0f the inmates does not change. VV9dO question how this will bS paid for. In addition to the construction cost, maintenance will be higher and more staff needed. VV8 cannot afford L0 pay higher taxes, property or otherwise, and do not agree with any proposal that would raise our taxes. (Pittnn8n Deer Ridge Lane) 8. Expansion--wk. Added inmates requires added staff and security. |t should gw hand inhand. Will this expansion add any taxes tn Maplewood residents? (Pnn8d8k.370{)'d8yStreet) 7. | G[n in favor. (Bhdg8dR| no address) Opposed 1. | vvoV|d prefer no further expansion in this residential area. | have no complaint in the present facility. It seems to be well maintained. (VV8|dVCk. 2485 Londin Lane) 2. Housing 48 females in G dormitory Se8nlS to [n8 you are asking for trouble! Enough trouble with two in8cell. (Arnes Deer Ridge Lane) 3. OH N[)OO{](]! Take it from nne the people that live On C}@kvvOod Road, or turn into the neighborhood onto Oakwood will not be happy about the new driveway thing. A3of now, vveat least get tn look 8t trees when exiting the neighborhood. What dVvv8 (the neighborhood) need tOdotV try toget them b] keep the driveway where itis? It's 8 big enough bummer that VVelive @CnJsS the Stna8t. . . but at |88St now vvR don't have to look down the driveway! (Rage, 6032 Oakwood Road, Woodbury) 4. 1 would not be in favor of the expansion. (Eastman, no address) I 5. VV8 are opposed to the expansion of the correctional facility in our neighborhood. There iSno need to increase the general incarceration rate of the people in Eastern Ramsey County and there isnVreasonable justification for importing more bad people from outside Vf our area. Shame on you for even thinking Vf doing this to the neighborhood. K8y home borders the golf course and | was robbed 0f about $20000f property last year. |t likely was one Of the prisoners who had cased the neighborhood while working at the golf course, but since the Maplewood Police did 8|nnOsL nothing to investigate the crime, | vvoU|d prefer that vve do not increase the number of known criminals in our community by expanding their population. Also, increasing the size of the prison is insane when we do not have the funds to expand Century Avenue to a four lane road with street lights to improve traffic flow. (ROkke 8. |dV not think this facility should b8 expanded in this area. There are too many there already. This should only bG8 residential area. (K8orSh Y. | 8nn completely opposed to this proposed project. This is residential community and the proposed enlargement would be an overwhelming presence and change the entire appearance Of the area. (Quayle, 2465 LoDdinL8ne) 8. NO. (K88rtin,2485LOndinLane) 0. Against the proposal to expand the correctional facility, especially adding space for women. (K@Od|8r.587 Deer Ridge Lane) 10.VV8 are against the expansion Cfthe correctional facility 8L2S7 Century Avenue South. (Kunz, 2485LondinLane) 11. I'm opposed to further expansion to the facility and urge you to vote against amendment to the existing conditional use permit. /RannS8y. 1852 Greenwood Road) 12.|@[n deeply concerned that our Village Of Maplewood iSin need Of inmate housing for 120men, 72 vv0rnen and a dormitory S8{LinQ for 48 vvonn8n. If we need this large 8 t3Ci|iLy we are not doing our job to help our people achieve 8 stable lifestyle. | feel the cost of this project could be put to better use. (C)tte.2405[OndinLane) 13. Two qVe8LiOn8/CVnC8rns: DV| assume correctly that this expansion will extend b} the south nf the existing building? Why not tV the north? What iS the definition Cf "medium G8CVritV?" VVh8[ category does the existing facility fall under? /k8GnJDdR.524 Deer Ridge Lane) 14. This note is in response to your recent letter regarding the proposed Ramsey County Correctional Facility expansion. Our questions/concerns are 8sfollows: • Security: VVa were under the impression that the current ^ vvorhhoume'' only housed low risk offenders. Your letter stated that the proposed addition would house medium risk offenders. Will the type Of inmate housed ot the Correctional Facility change 0r was our original impression vvnODg? Could you describe in more detail what type of offenders are and will b8 housed 8t the Correctional Facility? • Traffic: Lower Afton Road and Century Avenue are already congested particularly at rush Nut hour. The current levels will be increasing soon with the opening Vf the new condos/apartment buildings on the southeast corner of Century & Lower Afton. How will the proposed expansion effect traffic levels? Are there plans to deal with increased traffic levels? /A stop light and turn lanes? |f yes, vvh8n?\ w Lighting: How will this addition effect nighttime lighting? * Funding: Has the funding already been approved for this addition? Will itbe built with state and |OC8| dollars? Please provide us with basic information on funding. n} no Comments—Neither for nor Against 1. Keep uasafe. ((Baker, 550 Deer Ridge Lane) 2. Century Avenue is8 bottleneck 8L Lower Afton Valley Creek with too much traffic already especially from 3:30on. Any more cars will make itworse. They don't even have signal lights. (Fischer, 2465 LODdinL8ne\ 3. | plan iO attend public hearing meeting before | can make 8positive or negative response. (ChrisUanS9n,2485LondinLane) 4. The information you provided was inadequate t0 reach @Dopinion. However, this is8densely populated area that does not need additional criminals. VVe are already over-taxed and Undersen/ed. (8w8nson,24M5LondinLane) 5. Why did | receive this? Survey etc. Does the workhouse go from nnininnUnn security to medium security? Who iG paying for this project? Will the expansion result in more inmates being housed 8L workhouse from outside Ramsey County Vr State UfMN? K[}Org8n.588 Deer Ridge L8D8\ 0. Traffic Concern: This project could lead k)8n increase of traffic 8L the Lower Afton Road and Century Avenue intersection (due to employee, construction and visitor traffid. This intersection borders with Woodbury and is a well known traffic trouble spot. During rush hour, this four way stop intersection backs up badly in multiple directions. With continued residential growth and expansion in this area (One primary example is the drastic increase in the number Cf apartment building units on the southeast corner Uf Lower Afton/Century Avenue intersection). Such a significant expansion would place more burden on the already strained nJ8dvvGy system. Another question | think should be CODsid8[8d is what is in it for the city and residents of Maplewood? |'rn assuming (possibly incorrectly) that there is no property tax revenue being generated by this facility asitiS8 county enterprise. (Jarn9S,noaddress) 7. Can you explain how the prison population will change in terms 0f the level of offender that will be housed there? What does medium security mean compared to those currently housed in this facility. (Gardner, 396 O'Day Street) 11 104;14 04 ! DI :1 ILI I V] N LY, F-1 111 [01 ! Site size: 143 acres Existing land use: Ramsey County Correctional Facility SURROUNDING LAND USES (surrounding the correctional facility) North: Correctional facility land used for tree planting in their nursery operations South: Lower Afton Road and the Ponds of Battle Creek Golf Course East: Century Avenue and single dwellings in the City of Woodbury West: Battle Creek Regional Park Land Use Plan designations: G (government) Zoning: F (farm) CODE REQUIREMENTS Section 44-1092(1) of the city ordinances requires a CUP for any public service or public building use. Findings for CUP Approval Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. The application for this request was considered complete on February 5, 2007. This is the date the applicant provided full sets of revised plans to the city for the proposal. State law requires that the city decide on these requests within 60 days. Therefore, the city council must act on this proposal by April 6, 2007. 12 p:seo12-2O\RCCF Expansion 307CC Attachments: 1. Location Map 2. Property Line/Zoning Map 3. Site Plan 4. Architectural Perspective 5. Design Review Submittal Narrative 0. CUP Statement nfCompliance 7. Parking Justification Letter 8. Engineering Report by Jon Jarosch dated March 7.2U07 8. CUP Resolution 10. Plans date-stamped February 5, 2007 (separate attachments) 13 N ................. OR64XPOP 0 ORGAN I I NME MU .............. ............ VY" ,E 7 fn M Location Map Ramsey County Correctional Facility N I i MPS t rv+ ww� OD-IN i �oy I „t flES7 : W FO RESIPR , Property Line 1 Zoning Ramsey County Correctional Facility F z w U LONDIN LN i I „t flES7 : W FO RESIPR , Property Line 1 Zoning Ramsey County Correctional Facility F z w U LONDIN LN Attachment 5 Ramsey County Correctional Facility 1 1 W 13 R Maplewood, Minnesota ilLikC, H ECfS B\Klilk Couln N 2006A 32,00 T " DE S f GN REV S U B M 1'1'1'A 1. NkRRA I I V L CZE ']'[I( Project cons I srs of muchum hou:"il4i'LlVal3 "1101 I An(] lociflixt'd ri'lillideli or the P'4111-scy Count% Corrvc on N1,11flewood. Nfillllesol.• 1361 prOI)oed i as 5(j,S('10 Coot - 10611 , 011 (0 tho:: 14c 11ty rha( I currently 130, 81 r,qijire to Tilt- building Trinmic hou;Ing v6fli 120 meii howw(i III W indivi(Itui] k 7 2 Nvorricri 111 36 itio-lividiu.4 c&, :wd 18 1 01' 1 1'sTIXTI 11OU"C(f Ell is d0l`11111`0171 lllrn.ite proL,"rain sp-wv miti statff of fio:(-s In [lic blidding miLhtlon Core Arc.I' \Voineii's Intake xid work release wtqv with scconkf floor progTmil sp$to:('- \V'fli all aA(id to wl t'Oo' , I bust - nerit r00111, J lit III( Adn'llnisir;IAM" COUT ;IC('(JIT1Ino6rt?, the rvrnodelltqo the exlsillli?� I "'NransEoll of Ox cmslillg, lo cloji facilincs on the basonci levcL 'FNICIISIorl ofthe cxi'sting octirral corri(lor at the bawnu. level ro scrvc Ole c�\p-atlslOfl' Mcch.inical penthousc un the roof ofthc housirip, exparlsiom The \Vork -Aso, iticlucics loc.ilizecl rlTIo(iChtlg W1111111 t1lC (Alltltl�', ■ Pecollfi )II of III(! Cx"tin lo�xhn duck ouid stai�,111121, Includcs �ui uk- :iltcrii ait for ol gurittlo g 1 9 , I I replak o the ('Xisting tr"iction Crel lit ek vapor with :I two hy(irallho: dev;ltor III Vxl'Srill New I)Joncni Ievel Fioxirro:;d So Itoorn, XCW C(AICL•IC rmiy aricl titian r, , erviJIL , T11C OUN I'01�2 fYIWMNILIIII 10 111CO AI )'A rC(.11' for [lit sjm•c. Con vurs loll of tilt! C\Isrltl� vi'Sit-I'MOI) I'O"Ill troin a1 fact'' to fftcu inctho(i t(t as � idco VIS1 Atioll abet with a s( apt video klio ,ks fol: rullore vi(ieo visavion. wcolitipotIC)II, of rlic. exi"lino' 111t:11", lllt=ikr. - wbLE. ou In conjuiwtTon with thr- but1divir -Edd'tion It, Teti abovv, 'I "11c Gwdltv is it crjaiclittaltlatl usk� III the F:irivi Cl z-onine district lit which it is loc-.ited ;uid nmor CXPAPSI(Al SUCK AS the 01112 1)rorE(x,'ci,1 reyiffcs ;In XII(III(illit-Ilir to thk' cNisting C(m1(11norial L"sC' Pvnlllr. Nex;C Scc' Cixio,fiiional Uv P( rinit anicii(Irriclit apf?jic to Till Ors Iii -\Lij)1('wOol(I ['(I)r {id(ilrlonal infonu-,w Tlw tivilve of rhc owrccnollaj f.16hty flecessitarc-4 oll-sltes(vurlw v Al rivlc-" aw(f is al o-suk 110 Ask. III donx)(1 fov Police frol thk• City duv to cxpxislon v"' x1ticipave(l, Ado,iltjorlt To [lie bulkhrig will hxvc ,ui ;iuti lTnIltic sprinktcr s vstvin ajid a wxur line with fiy(iraoirs Hilut 1i )ops' rc I I I Iround Till idl (of 't< I)CrillAC Ter. 'tround the colllplcx� FnICI v�:Il uhir �ic('('ss to the ho'ki ng i s av'111 , its fUlli call dols to ITIC11trate ;I orle-inch Lunotfover the n(-Nv irnpervil)US I'll ffilcc.� 1 bcol de'mant•of Into the ( xpallsiofl plans" FIxisTi1q w4rur mid sewcr line .ive pcicquvc to - sc:° lv G1617tv with the pvoj)(),cd ack!flicml'', Though orle u](filloluil S'Cwer mid ont adchrionA xN servicc ,it(l pLione(I to :,wrvc ih( north III a(l(hrion to tilt iipphc.lrJtou, l6nisev County weti'vid tictlER"IrlOn report rrr the WaTer"'hed Distilct oil De'ovI)Iiur '11. 20C16 Statement of Conformance With Conditional Use Permit Standards Undeveloped preek of1and are loeated 780 feet south of the cxisting structure afros I x Afton Road and 715 fcQt north (.if the extqting structure abutting the subject parcel, F\,pawsion ot'an, existing loading dock but no building additiolls Eire proposed 0 M operations is planned that would causc f6resecable negative impacts of any type on persons or property. 7. The use would not create excessive additional costs for public facilities or services. A ; implied in the responsc to Number 6 above, no additional costs will be incurred by the City, School District car other public entities for public facilities or services required as a result of the proposed expansion, Attdchment 7 ji)nUary 3rJ, 2007 David Fisher, Building Official City of maple'woud 1830 County Road B East Maplewood, ivlinn. 55 109-2702 Rc: Dear Mr. Fisher: d 'S Fi v If I !Invv tiro Ramscy Co, Cor.-cctional Facility Cxpansion- Off Street Parking Supply and Dernand Tae prison POPUlatiOn is typiCilly dropped off by a iaw enforcernent agenq and Picked up Oy friends, family or public transportation i-i ' the pick up Lono in front of the building as shown on the site van. I Fie work re'Cilse pr(�p-,rarn now has approx;rnately 40 inmates, of which about 75�';,, or 10 park :::ors in the parking lot, With rorrpl�tion of the expansion, visitation will be by appointi-new, only with a maximurn of 22 visitors per 50- winute interval changing, on the hour so 22 spaces will satisfy visitor d0ffland, The faci�!ity is s'taffee continuousiy vkh the. maximum shift being about 65 and the minimurn about 20, Staffoverkips a( shin tiiange and 105 oifstreet parkiriP cpaces will bt:t required to meet the parking needs of the back-to-back shifts vvit"i the greatest suir, total of employees, While some staff cornInute to anti frorn work v to publit: transportation this was not considered in s; inn cxpansio-i of the parkin- lot, Basoc on t ac components of off strout parking demand described above 137 spaces aru required whereas 1 spaces are proposed. In summary the parr(ing proposed will be adequate to meet off sLrcei parking needs for V.ie Ramsey County Correctional Facility. A 43 expansion of the building is proposed, As a result of efficiencies gainod frorri (Fie expans'on, off ;)arking need; will :;ncrease by less than this ever) though acn.a al par<infl is proposed to increase by 48). Pease ca'll cne at 763-496-6738 if YOU have orly questions, S;ncerely, Loucks AsSocia Inc. avid I lagen, Eneineerine Plain Review L'ondin in, 11 g o & In fi ltration Soil borintgs must be taken in all rainwater gardens and infiltration areas to ensure that infiltration rates assumed in hydraulic calculations are correct. ]['the soil borings indicate highly porous soils ( ' sand), the draintile systems can be replaced with rock sumps per Maplewood Mate 1 15 . 2, The rainwater garden sumps must be enveloped by a geotextile filtration fabric to prevent C; sedimentation of the sump. Please call out a Type V, High Flow Rate, Non Woven ge-olextile fabric (Propex 4553 or approved equal) for both rock -su nip s, This is not currently displayed on Plate J 15 3. A storm sewer maintenance aareement must be signed by the owner for the maintenance of the rainwater gardens. This maintenance agreement will ensure that the rainwater gardens continue to perform as designed in the future, 1. All rainwater gardens shall be excavated to final bottom elevation after major grading is complete, ("are must be taken to avoid compaction of bottom area in order to avoid losing the infiltration characteristics of the soil. if the rainwater garden or infiltration basin does not perform as designed, it is the responsibility of the developer's engineer and/or contractor to correct the problem. The city will withhold all escrow monies, and may coordinate with the city building department to withhold certificate of occupancies for bUildings on the development site, until the proper functionim of the rainwater garden or infiltration basin is restored, I All emergency overflows and drainage swales, must have permanent stabilization blankets called out and displayed on the plans, (Enkamat, NAG 350, or approved equal) Erosion Sediment Control Plan I . The silt fencing along the western side of the project, especially near the wetland should be heavy duty. This is necessary due to the relatively steep slopes at this end of the project. Silt fencing must be clearly displayed on the plans. 2. Identify locations and provide details for stabilized construction accesses (rock entrance pads) These must be clearly displayed (in the plans, Agenc}� cr' ' 'fls I A set of plans must be submitted to Ramsey-Washington Metro Watershed District for their review, I A set of plans must be submitted to Saint Paul Regional Water Services for their review, 3- This project will require a Service Availability Charge, To determine this chargc, the MCES should be contacted, The developer or project engineer shall submit a copy of the NtPCA's construction stormwater permit ( to the city before the city will issue a grading permit for this p roject 1 , The owner and project engineer shall satisfy the requirements of all permitting agencies, Attachment 9 WHEREAS, Ramsey County applied for G conditional use permit for the expansion of the Ramsey County Correctional Facility. WHEREAS, Section 44-1092(l) of the city ordinances requires a conditional use permit for any public service Vr public building use. WHEREAS, this permit applies to the property located at 297 Century Avenue South. The legal description is: E)( PART 8VVLYCJF NEW AFTON ROAD; NY2OFNE\4& EXCRESTV|EVV'PART NE C)FAFTC)N RD OF GVV 1 /40F NE 1 /4& 8E 1 /40F NE 1 /4& NE 1 /40F SE 1 /4 (8UBJTORD8& PIPE LINE ESK8T) |N SEC 12TN28RN22. WHEREAS, the history of this conditional use permit is as follows: 1.{]D March 8,20O7, the planning commission held G public hearing. The city staff published 8 notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2.{}n March 28,2UO7. the city council considered reports and recommendations of the city staff and planning CO[nnniSsiOO. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, UeC8VG8 of excessive noise, 0|8r8. 8nnok8. dust, odor, hJnn8S, water Vrair po||VUVn. drainage, water nJn-off. vibration, general unsightliness, 8|8[triC8| interference or other nuisances. 5. The use vvoV|d gRnen8L8 only rninirn8| vehicular traffic on |oCG| sLpe8iG and vvoU|d not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fine pn}te{tiOn, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject LV the following conditions: 1. All construction shall follow the site plan approved by the city. The director Ofthe community development department may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval 0r the permit shall become null and void. 3. The city council shall review this permit in one year. 4. Comply with all requirements of the city's assistant fire chief, police department, engineering department and building official 88 stated inthe staff report. 5. The applicant Sho|| [8nnOv8 the existing temporary office building as pod of this facility expansion. 8. Site lights shall b8 designed sV the light source iG not visible off site, shall not cause any glare beyond the property lines and not exceed maximum light-intensity requirements of the city ordinance. 7. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 8. The future driveway k] Century Avenue iG approved 8s proposed and is expected t0b8built in 2009. The existing northerly driveway must then be removed and this area restored as lawn. 9. The location Of the future garages behind the building isapproved. The applicant must submit the design of these buildings to the community design review bVQnj for approval before construction. The Maplewood City Council this resolution on March 28.20OY. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MARCH 6, 2007 V. PUBLIC HEARING a. Ramsey County Correctional Facility (297 Century Avenue South) (7:05 — 7:33 p.m.) Mr. Ekstrand said Bruce Thompson, with Ramsey County's Property Management Office, is requesting approval of expansion plans for the Ramsey County Correctional Facility. This proposal would consist of a 56,500-square-foot addition to the existing 130,837-square-foot facility. Of the 226 property owners surveyed within 500 feet of the site, 34 replies were received. Seven comments were in favor or had no objection, 14 were opposed, 6 had no comment and 7 expressed various comments regarding the proposal. Many comments were repeated and shared by the respondents. Staff included a summary of all the comments received and copies of letters that were sent. Commissioner Yarwood didn't understand the argument for the main driveway from Century Avenue to be relocated to align with Oakwood Road moving the driveway 180 feet to the south. Mr. Ekstrand said staff doesn't think it's a "strong" argument but whenever you construct streets and driveways it's a safer practice to line them up. It might not be a great deal of change in terms of safety but in theory staff thinks it works better. Regarding why they want to do that the applicant can address that issue when they have the opportunity to speak. Mr. Roberts said to expand on what Mr. Ekstrand said the traffic engineers have always told staff you want to line up streets and driveways across from each other and not have them staggered to eliminate potential traffic conflicts with cars going every which way. If the vehicles meet at the same intersection it eliminates traffic concerns because the drivers will know to look out for each other. The Century Avenue road construction plan is going to have center medians installed on the road making for one opening at the new center median verses having two openings that are 150 feet apart and the traffic engineers will tell you that will be a lot safer. Commissioner Trippler said moving the driveway further south moves the driveway closer to the intersection which to him seems like it would cause more of a problem then moving it further north. Mr. Ekstrand said that is true, the driveway would be closer to the intersection but staff doesn't think it's close enough to be a hazard to traffic. Commissioner Trippler asked if the intersection would have traffic signals? Mr. Roberts said yes and that area will have channelized turn lanes as well. Commissioner Trippler asked if the traffic engineers have any idea at rush hour how many cars would be stacked up waiting for the signal? Mr. Roberts said he is sure they do but we don't have that information. Planning Commission -2- Minutes of 03-06-07 Mr. Ekstrand said staff doesn't have that information and maybe the applicant's engineer may have that information when they have the opportunity to speak. Commissioner Hess said staff mentioned minimum security verses medium security would not really change the "type" of prisoner or criminal that would be housed there. However, after doing some research on the internet he said he found that under state guidelines other minimum security prisons like Faribault, Lino Lakes and Moose Lake house criminals like sexual offenders, sexual psychopaths and drug offenders. What would prevent the Ramsey County Correctional Facility from being forced to house those types of offenders? That situation would present more of a danger to the neighborhood or the area if they were to bring that kind of prisoner in. Are the prisons that are brought in are they from local areas, from other states or is this strictly for offenders in Minnesota? Mr. Ekstrand said he would suspect the prisoners would be from Ramsey County or the surrounding area and not from other states but the applicant would have to address the question more thoroughly. Staff's understanding was that this addition would still house the same type of prisoners. Commissioner Desai said attachment 8, Jon Jarosch's engineering comments need to be corrected from 63,500 to read 56,500-square-foot addition. Secondly, to clarify a statement that was made regarding the number of parking spots, he saw a comment on attachment 7, David Hagen from Loucks Associates indicated in his letter that the facility is staffed continuously with the maximum shift being about 65 and the minimum about 20. Staff overlaps at shift change and 105 off-street parking spaces will be required to meet the parking needs of the back-to-back shifts with the greatest sum total of employees. He would expect Century Avenue would have no parking. What is the parking plan for the employees at the shift change, what does the applicant propose to do about that? Mr. Ekstrand said staff's interest in reviewing the parking situation was to make sure they were providing adequate parking for their needs with this expansion. The applicant did provide justification but staff didn't include that because the conclusion was simply that they have enough parking to suit their needs. Staff's view is that if that turns out to be the case they have sufficient land to provide parking should they need to, but that is a good question for the applicant. Commissioner Walton asked how the applicant came to the decision that this is the place they wanted to expand versus another area in Ramsey County? Mr. Roberts said this is the only correctional facility in Ramsey County so this is where they propose to add space to their current location. They are not proposing to acquire a new site in which to build a brand new correctional facility. Commissioner Trippler asked what a mechanical penthouse is as shown on the first page of the staff report? Mr. Ekstrand said staff would expect that to be a room on the roof where the mechanical equipment is contained. Often times with architectural plans the city sees the top level is where the HVAC equipment is labeled as the mechanical penthouse. Commissioner Trippler said on page 5 the Assistant Fire Chief lists there shall be a 20-foot-wide minimum wide fire access road around the building and I didn't see that on the plan. Planning Commission -3- Minutes of 03-06-07 Mr. Ekstrand said that is a common statement included by the Assistant Fire Chief, Butch Gervais but we can make sure that condition is in place and the Assistant Fire Chief would have to approve these plans no matter what was put in the report. Commissioner Trippler said on page 5, in recommendation number 1 it says the Director of the Community Development department, he asked if there is a Director of Community Development Department or has that person been fired too? Mr. Ekstrand said there isn't a Director of Community Development; that has been the standard language staff has included in the conditions; staff will change the wording of that to whatever is appropriate. Commissioner Trippler said he wanted to thank staff for typing out the citizen comments, it makes it so much easier to read the concerns compared to reading people's handwriting on the comment sheets. Commissioner Hess asked if there is a men's recreation yard, he noticed there is a women's recreation yard on the south side of the site. Mr. Ekstrand said there is an expansion of the recreation yard even though it is not shown on the plan but that is intended to be extended on the north side of the addition. (Mr. Ekstrand pointed out the expansion on the overhead for the commission and home audience.) Chairperson Fischer asked the applicant to address the commission. Mr. Jerome Biedny, Project Manager, Ramsey County Property Management, 660 Government Center West, 50 West Kellogg Boulevard, St. Paul, addressed the commission. He said that they have the architect and the civil engineers as well as the contractor and the facility director so we can address any of your questions. I will mention that this development is totally separate from other work being done on Century Avenue and we don't show the possible second driveway coming where ever it comes in because that should be approved and discussed by the people asking to do that roadway. We are simply saying our plan can accommodate the moving of the road if that happens. We have no control over the road, Ramsey County's design process had told us it would be a divided highway, we are going to move the road down so the intersection happens and there is a right and left hand turn lane, and we don't have conflict within 150 feet and we didn't push back on that so I just want to set the ground rules on that and that is why the plan doesn't show that. Chairperson Fischer asked if they have any problems with the recommendations in the staff report. Commissioner Pearson asked if someone could put people's concern at ease by describing the level of the offender housed here and whether that is going to change or not and what is the program that allows the offenders to work on the golf course? Mr. Biedny turned the questions over to Al Carlson. Planning Commission -4- Minutes of 03-06-07 Mr. Al Carlson, Superintendent of Ramsey County Correctional Facility, 297 Century Avenue South, Maplewood, addressed the commission. Regarding the inmates in the facility, anybody who is sentenced to a year or less, goes to a county facility, if they are sentenced to a year and a day or longer, they go to a state facility. So that won't change, we will continue to hold short stay inmates. The average stay of an inmate is 40 days and 90% of those people will be released back into the community, the remaining 10% of the people will have a hold or retainer where they are picked up for other charges, returned to court, and after an additional sentence they are released back into the community. We classify the inmates as Level 1, 2, or 3. A Level 1 inmate is the minimum level of an inmate and those people have outside clearance and are approved to work on the golf course and nursery, those inmates have also done things like clean out garbage houses for the city and they work on rainwater gardens. Level 2 inmates work inside the facility in places like the kitchen and laundry, we may have a couple of Level 3 offenders throughout the year and those people are not allowed to work outside their living unit. Typically the reason they are a Level 3 offender is that they have a high bail amount for being picked up upon release. Commissioner Hess asked if it is possible you could house the more serious offenders under the state guidelines with medium security? Mr. Carlson said the state legislature would have to change the criteria regarding who goes to a county facility verses going to a state facility. He said that he is not aware of any intention to do that on their part. At this point anybody who is sentenced to our facility in Ramsey County by virtue of their sentence for a year or less will stay at the Ramsey County Correctional Facility. Mr. Roberts said inmates who are sentenced in Ramsey County go to your facility. If someone is sentenced in Washington or Dakota County they would go to one of those facilities? Mr. Carlson said correct. Commissioner Trippler asked when this addition is completed and your population increases, what is the relative rate of increase over the current population of inmates at the correctional facility? Mr. Carlson said the Ramsey County Correctional Facility was approved to house 316 inmates; we have a variance to hold an additional 48 inmates in a light industrial space in the basement so the count increases to 364. Our inmate count has been as high as 460 and our average daily inmate population last year was 386. When the addition opens we don't expect the inmate population to increase dramatically. We are housing 50 women over at the VOA facility in Roseville and we have 20 women in our facility. Those 50 inmates will come back and if you add those inmates to the 386 average inmate count, it will put the count to 440. We expect a 2 or 5% increase in inmates by the end of 2008 but the population fluctuates. Currently we have 25 less inmates this year than we had last year. Ideally the facility runs at 90% capacity. We have 556 beds but we don't expect to be operating at 556 or at least we hope we aren't. Commissioner Yarwood said you have proposed to hire 21 new employees. What is the time frame you propose to hire the new employees? Is the hiring of additional employees meant to parallel the increase in the prison population? Mr. Carlson said the hiring of the new employees will coincide with the opening of the addition. We plan to move the inmates out of the light industrial space and into the new addition. Planning Commission -5- Minutes of 03-06-07 Mr. Carlson said dorms that were designed for 36 inmates actually have 48 inmates in them now so we will scale that back which will make for a safer environment for the staff and the inmates. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this item. Nobody came forward therefore Chairperson Fischer closed the public hearing at 7:29 p.m. Commissioner Trippler said he looked for a recommendation in the staff report regarding withholding escrow funds for the landscaping work and he didn't see that in the recommendations this time. He asked why that sentence was not included in the recommendations this time in the staff report? Mr. Ekstrand said often times that is a sentence that is included in the conditions for the CDRB to review which is usually included in one report, however, staff was under a time constraint to get the report done in time and did not include that for the PC. Staff will include that in the report going to the CDRB and then staff will combine the PC and CDRB conditions into one report before it goes to the city council for their review. Commissioner Hess asked if the 60 additional parking stalls are designed to conform to the 9'6' parking stall width to meet the city code? Mr. Ekstrand said staff will verify that before that goes to the CDRB meeting. Commissioner Trippler moved to adopt the resolution approving a conditional use permit for the expansion of the Ramsey County Correctional Facility at 297 Century Avenue South. Approval is based on the findings required by the city ordinances and subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The interim Director of the Community Development departmen may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The applicant shall remove the existing temporary office building as part of this facility expansion. 5. Site lights shall be designed so the light source is not visible off site shall not cause any glare beyond the property lines and not exceed maximum light-intensity requirements of the city ordinance. 6. The expansion to the south end of the parking lot shall be installed with the proposed building expansion. 7. The location of the future garages behind the building is approved. The applicant must submit the design of these buildings to the community design review board for approval before construction. Planning Commission -6- Minutes of 03-06-07 Commission member Pearson seconded. Ayes —Desai, Fischer, Grover, Hess, Trippler, Pearson, Walton, Yarwood The motion passed. Agenda Item L3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharlesAhi Public Works Director/City Engineer SUBJECT: Gladstone Area Redevelopment, City Project 04-21 Review of Alternative Area Urban Review(AUAR) Mitigation Plan Comments and Approval of Resolution Authorizing Distribution for the Purpose of Considering Final Adoption DATE: March 19,2007 INTRODUCTIONISU M MARY The City Council approved the Comprehensive Plan Amendment for the Gladstone Project on March 12, 3007. This approval provides for the implementation of the project over the next 5-10years. This @ppnJv8| allows the RDvin]DnlRnt8| review process tO re-start and to be DDQnp|8t8d. ThSAUAR pnJQ8SS requires the Council to review the comments that were submitted on the AUAR, adopt a mitigation plan and then finally adopt the AUAR. Approval 0J proceed with the AUAR process iGrecommended. Background A final copy of the Master Plan was adopted with the Comprehensive Plan Amendment (CPA) on March 12.2OO7. The Master Plan / CPA provides guidance and direction for proceeding with the area innpn}v8nn8nLS. The AUARprovides the environmental guidance and 8 response Lo the issues developed during the public comment portion 0f the environmental process. The AUAR should b8 reviewed and adopted tO allow the first project 8ttheYouriatCobiDSSitetoproCeed. The preparation of the AUAR was authorized by the City Council on August 8, 2005. The document was prepared by HoiSingtOn-KO8Q|8rGn]Up. Inc. with support from Kinn|ey-Horn, 8EH, and Braun |ntert9CaS well GS the City's Engineering staff. The City Council authorized distribution of the AUAF< for public comment on September 26, 2005 and notice of the availability of the document was published in the Environmental Quality Board Monitor on October 1O.2O05. All comments were received by November S. 2005. The comments were analyzed; however, due to the review of the Plan B Alternative (490 units) and the additional review needed prior to the final adoption of the CPA and Master Plan, the AUAR has not been finalized for the past 18months. A full copy Of the AUARiS available OD the City's vvebSit8. The AUARi88n extensive review ofthe environmental impacts Of the proposed development. The following page includes G number Of the specific impacts identified. The AUAR provides 8 mitigation plan that the council, acting as the Regulatory Governmental Unit (RGU), will be required to adopt. Th8EQB guidelines for on&U&Rstate: "It must be understood that the mitigation plan /n the final document takes Vn the nature ofa commitment by the RGU (City Council) tu prevent potentially significant /npantofronn occurring from specific projects. It/o more than just e list of ways bo reduce impacts —itnnuat/nclude information about how the mitigation wil/be applied and assurance that it will. Otherwise, the ALARmay not be adequate anoybrspecific projects may lose their exemption from individual review. ^ The council is making 8 major 0onnnnitnn8nLth8tthennibQ8tionideniifi8dvvi||nCcUr,8iLh8r8s ar8qUir8nn8nt by developers through the development contract, by a commitment to a public improvement, or involvement Of other agencies, ifappropriate. This includes improvements tO the Savanna Open Space, Roadway improvements, environmental cleanup and drainage improvements and extensions. Agenda Item L3 AUAR Summary A full copy of the AUARiG available 0n the City's vv8bSite or from the City Engineer's office (New council members will be provided with a full copy for their files). Following are a summary of the major findings: • The current project area contains approximately 475 housing units (100 manufactured homes, 188 single family homes, and 187 multi-family units) plus 180.000 square feet [f connnn8rci8| development Cf which 30.O0U-4O.UO0iS neighborhood retail. The project 8pe8a|Soh8Gn88dy80 acres of park and open space. • The studied scenario was the most intensive redevelopment possible and includes the addition of approximately 900 new housing units consisting of a combination of stacked condominium/apartment units and attached town hVnn9S. along with approximately 50,000 square feet of new Vr relocated existing neighborhood retail. An additional 1b.UOO square feet Vf8n existing office/service use iS proposed tO remain within the area. A portion Of the open space ot Frost and English was studied as G d9v9|OpnleDt area for town h0[n8S to determine the impacts. The development Vn the Savanna was dismissed 8S part 0f the process 8G not acceptable. The final development goal iS050 new housing units. The AUAFl mitigation plan is based upon 850 units which will have lesser impact than the intensive QOO unit plan. • The redevelopment plan calls for $14 - 18 million of public improvements, including open space enhancements, streetscape and roadway improvements mainly to Frost and English Avenues, burial Of power lines along Frost and English and site contamination clean Up/nennedi8iiVn. Implementation of the redevelopment is assumed to occur over a period of 10 years or more. • A key part of the Master Plan calls for an improved pedestrian circulation system. Local connections k} the Gateway and VeDtO Trails are proposed. A combination 0f pedestrian ways, g[GRD streets, plaza Stn88tS. off street trails and aid8vv@|ka are necessary to meet this requirement. • Natural, Cultural and Physical Resources were studied GS part Of the study and will b8recognized 8S part 0f the development plan. An awareness of these issues will b8 provided 8s part 0fthe public improvements and interpretation structures. The natural resources will require major improvements due to current conditions where runoff is directed into Lake Phalen without significant treatment. A Phase | Environmental Site Assessment has been conducted. Fourteen sites will require additional studies and cleanup which will be accomplished through Phase 11 evaluation and development of response action plans. • Local utilities (sanitary sewer and water) are adequate tV serve the area. Improvements to the storm water system are needed t0 properly discharged runoff waters. Five wetland areas exist within the project area. A|| efforts will be made tOavoid impact tO these areas. • The traffic analysis reviewed the proposed impacts of additional traffic through 2030. The key finding iS that the proposed redevelopment concept will not require major nnidg8tionrne8SUr8G. Some improvements will b8 needed 8t Frost and TH81. The traffic engineer found that the proposed redevelopment will have less impact than if the proposed Comprehensive Plan is followed that includes significant commercial/industrial development patterns. • The need for increased fire and police protection is identified within the AUAR. However, the report concludes that 8n increase in activity within the area will also Cr8St8 a renewed interest in property maintenance and public safety that will help minimize the public safety department impacts. • The study concludes that students from the proposed development will help support declining enrollments iD the school facilities. Agenda Item L3 AKJARhNikigation PUmm Attached iS the draft Mitigation Plan. Each Vf the areas identify specific tasks that the City is making 8 COnl[nkn1ent t0 innp|e[neDL Some have been started, such as the inlp[Ov9m8Dt o|8D for traffic @tlFH 61 — Frost and the Phase || analysis within the Savanna. Others will bS required 8S development occurs. The Council should take particular note Lo the provisions 0n the final pages [f the Mitigation Plan that identify conditions whereby 8nAUAR update will b8required. Jon Horn 0fKinn|Hy-Horn has assumed responsibility for the AUAR process from HKGI and will present the Mitigation Plan to the Council for review. The next step in the process upon Council authorization istV provide the Mitigation Plan tOthose agencies and individuals who commented on the original AUARalong with the Public and tn allow comments during @30-d8y review period. Any agency O[ individual who does not agree that the City iS addressing the environmental impacts of the proposed redevelopment may petition the Council to revise the Mitigation F'|8n. Assuming that there are no substantive cVnnrnentG on the KXiLi0GLi0n Plan, city staff anticipates final adoption of the AUAR and Mitigation Plan on May 14.20U7. The AU&Fl process provides for 8moratorium during preparation and review. Yh� k8oy 14 m odOption would lift all remaining restrictions tOredevelopment within the area. Approval to distribute the Mitigation Plan is recommended. RECOMMENDATION It is recommended that the City Council approve the attached resolution that authorizes the staff to proceed with the distribution of the Mitigation Plan for the Alternative Urban Area-w Review for the Gladstone Are Improvements, City Project 04 Attachments 1� Resolution 2. Draft Mitigation Plan CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. NN -XN A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT MITIGATION PLAN FOR ALTERNATIVE URBAN AREA -WIDE REVIEW DOCUMENT AND GLADSTONE AREA REDEVELOPMENT MASTER PLAN WHEREAS, on August 8, 2005, the City Council approved a resolution authorizing that an Alternative Urban Area wide Review ("AUAR ") be initiated and completed for the Gladstone Area Redevelopment Master Plan project; and WHEREAS, the City of Maplewood has conducted a master planning project for the Gladstone Area Redevelopment Master Plan that has included a number of public meetings and workshops; and WHEREAS, the City of Maplewood has prepared a draft AUAR document that evaluates the cumulative environmental impacts of two alternative development scenarios, one based on the Comprehensive Plan and one based on a draft of the Gladstone Area Redevelopment Master Plan; and WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft AUAR document that commences with publication in the EQB Monitor; and WHEREAS, the City of Maplewood has conducted and received all comments and responses to the AUAR document and prepared a draft Mitigation Plan that does hereby address all concerns and issues raised during the AUAR process. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the draft AUAR Mitigation Plan document for the Gladstone Area Redevelopment Master Plan be distributed for public comment and shall be distributed to all individuals and agencies who supplied comments and responses to the AUAR_ PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 26 DAY OF MARCH 2007. MAYOR CITY MANAGER Draft Mitigation Plan 8 January 2007 Gladstone Area Redevelopment Master Plan A UAR MitigationInitiatives .......................................................................................................... ............................... 2 I ntent of Mitigation Plan .......................................................... ..............................3 General Mitigation Initiatives ................................................... ..............................3 FocusedMitigation Initiatives ................................................... ..............................4 LandUse Management ................................................................................ ............................... 4 Traffic/ Transportation ................................................................................ ............................... 4 Water Resources (wetlands, creeks, lakes) and Surface Water Management ..... ............................... 5 Erosion and Sedimentation ........................................................................... ............................... 7 Water and Sewer Infrastructure .................................................................... ............................... 7 `'Water Supply .............................................................................................. ............................... 7 Historical and Cultural Resources ................................................................. ............................... 8 Fish, Wildlife and Ecologically Sensitive Resources ........................................ ............................... 8 Parkand Recreation Svstems ........................................................................ 1 ............................... 9 Demolition of Structures ............................................................................. ............................... 9 Environmental Site Assessment .................................................................. ............................... 10 ALTARUpdates and Amendments ............................................. .............................11 Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page I Mitigation Initiatives This ALTAR was prepared during the course of a significant 24 month planning process for the Gladstone Neighborhood. The planning process began in earnest at the beginning of 2005 with a draft plan that emerged in late August of that year. The inventory portion of the ALTAR was largely completed in early 2005. The analysis of the impacts took place in August and September of 2005 with a draft plan completed for public comment on September 26 of 2005. During the public comment period, the Gladstone Neighborhood Redevelopment Plan was being formalized in a document which then began an extensive public review period that included a number of public meetings in the fall of 2005 and in March and April of 2006. From this public review, the Gladstone Neighborhood Redevelopment Plan underwent a number of revisions and was ultimately approved in December of 2006. The nature of change to the Gladstone Neighborhood Redevelopment Plan essentially reduces the project magnitude of potential redevelopment and reduces the impacts to the existing open space and park system in the community, Because the Gladstone Neighborhood Redevelopment Plan that was adopted in December of 2006 is of a lesser magnitude than the concepts reviewed by the ALTAR, the ALTAR in its current form evaluated the "worst case scenario' and thus satisfies the purpose and intent of environmental reviews. This Mitigation Plan identifies initiatives that address potential impacts resulting from the future development scenarios evaluated for the ALTAR project area and establishes the land use and regulatory tools and policies to implement the approved Gladstone Neighborhood Redevelopment Plan. The Mitigation Initiatives include the following: • A described initiative or action • A responsible party or parties who will carry out the initiative • A general time frame for the action or initiative to take place if applicable • An estimated cost or range of cost for the initiative or action Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page 2 Intent of Mitigation Plan Development generates impacts on the environment and on existing development. These impacts result from construction activities associated with new development (i.e. erosion, dust, noise) as well as post construction associated with the activities and design of the development (i,e. traffic, runoff, pollution, infrastructure demand). This plan identifies existing tools and policies that the City of Maplewood has in place to address the types of impacts that may result through development of the ALTAR project area, The plan also identifying additional initiatives that will need to be implemented to mitigate potential environmental impacts resulting from projected development of the project area. This approach goes above and beyond what is required. The objective of the mitigation initiatives are not only to mitigate potential impacts, but to also improve current conditions in the area as redevelopment occurs. There are multiple ways in which Mitigation Initiatives may be implemented such as: • Enforcing existing zoning and subdivision ordinances and other development regulations at the time of development concept submittals, preliminary and final platting, and during construction monitoring activities; • Developing and adopting new policies and regulatory tools as directed in the Gladstone Neighborhood Redevelopment Plan. • Planning and building public infrastructure (sewer, water, and storm sewer systems) in advance of or in conjunction with private re- development; • Maintaining and updating existing plans and studies for the community; • Requiring additional field work /investigations as part of pre - development planning where potential environmental issues may exist but will require additional investigation and/or testing of conditions present. General Mitigation Initiatives This section identifies a series of mitigation initiatives that are general in nature and apply to all public and private development within the ALTAR project area. 1. All permits identified in the ALTAR (See section #8 of the ALTAR document) as well as other necessary permits that may be required will be secured by the Cite, or private parties as appropriate, for all development activities within the project area. 2. The City will follow its own regulations, ordinances, plans, and policies currently in place or as subsequently modified in the review and approval of all development activities within the project area. These items include the Comprehensive flan, the Zoning and Subdivision Ordinances including attention to Shoreland Management regulations_ 3. The City will provide for or require from development, adequate regional and local stormwater ponds and facilities to protect water resources and water quality as guided by the Storm Water and Wetlands flan for the Gladstone Redevelopment Project Area. [National Pollutant Discharge Elimination System (NPDES) Phase 1I with individual site development]. 4. The City will monitor development within the project area and its conformance with the AU AR development scenarios. Should any project exceed the magnitude of what has been lvlitigation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page 3 analyzed in this ALTAR, the City shall require an amendment to the document at the developments expense. Focused Mitigation Initiatives Mitigation initiatives that are explicitly intended to mitigate or minimize impacts on a particular resource or action are outlined by topic in this section. In addition, the section is structured to provide guidance on how to carry out the initiatives. In most cases, a table is provided to identify the responsible parties needed to lead the efforts; along with a general timeframe and cost range. The intent is to update these tables as information becomes available and amending the changes as they occur. By doing so, the mitigation plan will begin to monitor the progress of the initiatives set forth. LAND USE MANAGEMENT The City has a number of planning and regulatory documents in place to guide development within the project area. The Comprehensive Plan will require an amendment to the land use element in order to properly guide the mix of uses and the changes articulated in the Gladstone Neighborhood Redevelopment Plan. As an alternative, the City may adopt by reference the Gladstone Neighborhood Redevelopment Plan in its entirety. The City will also need to establish a zoning mechanism to ensure that future development adheres to the principles and policies outlined in the Gladstone Neighborhood Redevelopment Plan adopted in December of 2006. Land Use Mitigation Actions Responsibility Time Frame Cost Est. 1. Amend the City of Maplewood's City 2007 S l OK Comprehensive Plan to incorporate by reference the Gladstone Neighborhood Redevelopment Plan in its entirety. 2. Establish Regulatory Tools to implement City 2007 $15K to $ 20K policy intent of the Gladstone Neighborhood Redevelopment Plan 3. Rezone Parcels consistent with new City 2007 See #2 regulatory district TRAFFIC/TRANSPORTATION The ALTAR provides a list of proposed improvements in order to accommodate future traffic needs based on the redevelopment scenarios. Additional improvements have been identified for phase one development. The recommended roadway improvements will need to be in place or developed in- conjunction with redevelopment proposals. All of the following improvements will need to be coordinated with the City, County and Minnesota Department of Transportation (Mn/DOT): Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 Jannary 2007 Page 4 Traffic /Transportation Mitigation Actions Responsibility Time Frame Cost Est. 1. Make improvements to the T.H. 61 and Frost City, County 2007 S 600,000 Avenue intersection to provide greater and MnDOT capacity for turning movements and to improve safety. 2. Construct a roundabout at the intersection of City 2007 S 600,000 East Shore Drive and Frost Avenue to control traffic speeds and improve safety. Improvements are to include better aesthetics and identity for the area as identified in the Master Plan 3. Improve Frost Avenue with a mill and City 2007 S 600,000 overlay from T.H. 61 to Phalen Place and include sidewalk and trail connections along Frost Avenue. 4. Other street improvements within the City and TBD in TBD in project area should include continuation of Development conjunction conjunction sidewalk and trail connections, streetscapc Interests with with enhancements, and other amenities in coordination with individual development development development projects and consistent with the Master Plan. S. Encourage transit facilities to be incorporated Metro Transit, On -going NA into new development projects as they are City, Developer planned, designed, and built. 6. Adopt mixed use, pedestrian friendly design City 2007 NA and transit friendly land use policies. {see Land Use Mitigation Actions #1} Traffic generated from development will need to be consistent with projected volumes established in the ALTAR, If a development proposal results in traffic volumes greater than assumed under the ALTAR, an amendment to the AU AR and a revised mitigation plan will be required by the developer. If additional improvements are anticipated the developer will need to coordinate them with the City, State and County. All improvements will need to ensure acceptable levels of service, mobility and access. WATER RESOURCES WETLANDS, CREEKS, LAKES) AND SURFACE WATER MANAGEMENT Strategies are listed throughout the ALTAR and Redevelopment Plan to mitigate any impacts to water resources and surface water runoff. No impacts to existing wetlands are anticipated as part of the future redevelopment projects. However, should alternative strategies be explored that do impact wetlands, a Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page 5 mitigation plan will need to be prepared and will need to demonstrate no impact on the larger storm water management system serving the Gladstone Area. The City has a number of planning and regulatory documents in place to protect water resources and manage surface water runoff. Improvements listed throughout the ALTAR and Redevelopment Plan should be in place prior to or developed in- conjunction with redevelopment. Improvements will need to be coordinated with the City and the Ramsey - Washington Metro Watershed District. A key part of the mitigation strategies include the policies and design principles adapted from Leadership in Energy and Environmental Design (LEED) that are included in the adopted Gladstone Neighborhood Redevelopment Plan. These policies include: 1. Maintain stormwater discharge rates, such that the post project development 2, 10, and 100 -year, 24 hour peak discharge rate does not exceed the pre - project development 2, 10, and 100- year, 24- hour peak discharge rate. 2. Implement a stormwater management plan that results in a 0% increase (if not a decrease) in the rate and volumes of post- project development stormwater runoff when compared with pre - project rates and volumes. 3. Implement a stormwater management plan that captures and treats runoff to meet the City's Storm Water Ordinances. 4. Require enhanced storm water management or low impact development (LID) techniques to capture and treat the first inch of runoff from development and redevelopment sites. Surface Water Management Mitigation Responsibility Time Frame Cost Est. Actions 1 , Adopt storm water management best practices City 2007 $ l OK policies as part of the City's Comprehensive Plan. (see Land Use Mitigation Actions #1) 2. Construct a treatment system to treat run -off City and 2007 $650,000 from the area surrounding and within the Developer Tourist Cabin site where direct discharges currently exist. 1 3. Enhance and improve the existing stormwater City 2007 $750,000 detention pond located on the northwest corner of the Savanna to provide treatment and infiltration. 4. Require individual development projects to City and Ongoing TBD provide site design which further treats run- Developer off prior to leaving the site. Avlittgation Plan Gladstone Redevelopment Master Plan A U.9R 8 dannary 2007 Page 6 S. Implement the recommendations of the Storm City Ongoing TBD Water and Wetland Plan EROSION AND SEDIMENTATION Development will likely require construction activity and earth movement work. A result of this type of construction can lead to eroded sediments into water sources. In order to prevent pollution, `Best Management Practices" are outlined in various resources, including the ALTAR. Development will need to be coordinated through the City and the Minnesota Pollution Control Agency (MPCA) to ensure there is no negative environmental damage during and after construction. In addition to required permits, each development will be responsible for the following: • Meet all erosion control specifications required by NPDES, City of Maplewood, and the Ramsey - Washington Metro Watershed District. • A detailed erosion control plan will be prepared and approved prior to the City's issuance of site grading permits. • A detailed site grading plan will be required as part of the plan submittals for City approval. WATER AND SEWER INFRASTRUCTURE The development scenarios identified in this ALTAR are consistent with City infrastructure planning. The City of Maplewood through its site plan review process will monitor and verify estimated wastewater flows for general conformance to the Sanitary Sewer Plan. The City of Maplewood's 2003 Comprehensive Sanitary Sewer Plan Update considered the Gladstone Neighborhood redevelopment and its impacts on sanitary sewer demand for the area. The existing utilities have sufficient capacity to serve projected future development. In addition each development will be responsible for the following: • Sewer Access Charges (SAC) related to their proposed development. • Construction of local sewer laterals to serve the development • Sanitary Sewer Extension Permit by the Metropolitan Council Environmental Services. • NPDES Construction Permit and Sanitary Sewer Extension Permit from the Minnesota Pollution Control Agency. • Approval of all Water /Sewer Plans from the Minnesota Department of Health • Sanitary Sewer Service and System Permit from the City of Maplewood Redevelopment of the Tourist Cabins site will require the realignment of a segment of existing public sanitary sewer that currently runs under a portion of the apartment building west of the site. WATER SUPPLY Any future development within the project area will connect to the existing Saint Paul Regional Water Services water supply system. Existing water mains are in place and available for development. Each development will be responsible for the following: • Minnesota Department of Health permit(s) for the extension of water supply systems. Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page 7 • Water Access Charges (WAC) related to their development. • A proportional share of the costs of trunk water supply lines if improvements are needed. • Construction of local water supply lines. HISTORICAL AND CULTURAL RESOURCES Based on the history of the area there is a high potential for containing post- contact archaeological resources. However, most of the land has been disturbed over the years and potential resources may have been disturbed. Construction projects should proceed with a plan to address historical and cultural artifacts that are turned up during the construction process. Such resources should be preserved and documented for further investigation prior to continuing with construction in the area where the resources are discovered. In addition, there are buildings within the project area that have been identified with historical significance. The protecting of these buildings will need to be coordinated with the City and the Maplewood Area Historical Preservation Commission. The following mitigation actions are identified: Historical/ Cultural Resource Mitigation Actions Responsibility Time Frame Cost Est. 1. Review historical interpretation proposals for City I HPC Ongoing NA public and private development projects with City 2007 S 15K to S20K the HPC. 2. Consult the Cultural Resource Assessment City and Ongoing NA for the Gladstone Nei¢hbo� completed Developers in 2005 by the 106 Group prior to commencing major construction projects. FISH, WILDLIFE AND ECOLOGICALLY SENSITIVE RESOURCES The project area primarily consists of typical wildlife habitat and natural resources for an inner ring suburb. Two features directly within the project area provide significant opportunities for the continued existence of rare plant and animal species: the Gladstone Savanna open space, and the two regional trail corridors. Both areas provide a large contiguous area of natural habitat. Where possible, development projects should seek to minimize impacts on these features and re- establish corridor connections. Construction (i.e. development, public infrastructure improvements) of any type that would disturb sensitive ecological resources will need to ensure they will be protected, preserved or enhanced during and after construction. The City of Maplewood through its site plan review process will monitor any impacts development may have on ecologically sensitive resources. Ecologically Sensitive Resources Mitigation Responsibility Time Frame Cost Est. Actions 1. Amend regulatory tools to establish critical City 2007 S 15K to S20K buffer areas around wetland and other natural Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page 8 habitat areas. (see Land Use Mitigation Actions # 2) 2, Provide MnDNR Fact Sheet "Summary of City, Ongoing NA Recommendations for Avoiding and Developers Minimizing Impacts to Blanding's Turtle DNR Populations" to developers and City contractors performing public improvement Contractors projects. PARK AND RECREATION SYSTEMS No significant impacts were noted as a result of the development project beyond those impacts of typical changing park and recreation trends. Although the arrangement and programming of parks within the project area was heavily discussed during the planning process and is a critical component of quality neighborhoods, the existing system and the ongoing planning and surveying of recreational needs done by the Park and Recreation Commission serve the Gladstone Neighborhood sufficiently under either development scenario studied in the ALTAR. On -going master planning of park and recreation needs should be continued by the Park and Recreation Commission as future redevelopment occurs in the area, Park dedication resources should be allocated towards improvements of park and recreation systems within the Gladstone Neighborhood area. Outcomes of the planning process should be recognized and carried forwards including: preserving Gloster Park as a park but allowing more stormwater functions and preserving a tot -lot use, preserving active play areas and fields within Flicek Park and preserving the Gladstone Savanna as permanent open space with limited trail and historical /ecological interpretive improvements. Stormwater improvements are also part of the important aspects of the Savanna. DEMOLITION OF STRUCTURES Redevelopment efforts will prompt demolition of structures within the project area. Many of the structures in the project area were built 40 or more years ago, there is the potential for the presence of hazardous materials such as asbestos and lead based paint. A demolition plan will likely be required for structures proposed to be razed, General procedural steps for demolition of structures are as follows: • Demolition Permit from the City of Maplewood • Pre - demolition survey for hazardous materials J • MPCA notification and applicable permitting • Removal of constriction debris and hazardous materials (if present) • Hauling and landfilhng These procedures are required of the developer applying for the demolition permit. Avlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 dannary 2007 Page 9 ENVIRONMENTAL SITE ASSESSMENT A limited Phase I Environmental Site Assessment (ESA) was completed for the Gladstone neighborhood in May of 2005. The assessment was completed by Braun Intertec Corporation for the City of Maplewood. The purpose of the Phase I ESA was to evaluate the site for indications of "recognized environmental conditions (RECs)," as defined by ASTM Practice E 15270 -00 as: "The presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the round, groundwater or surface water of the property. The term includes hazardous substances or petroleum products even under conditions of storage and use in compliance with local and state regulations. The term is not intended to include de mininis conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of regulatory governmental agencies. This assessment has revealed no indications of recognized environmental conditions in connection with the Site, except for the following: • The properties at 1136, 1160, 1187, 1201, 1217 1221, 1225, 1313 and 1350 Frost Avenue; 1810 and 1 870 — 1876 English Street; and the former railroad facility at the Gladstone Savanna sites are potential sources of soil contamination due to the possibility that current and /or past uses of hazardous substances and /or petroleum products at these properties have adversely impacted the Site soils and groundwater. • A LIST may be present at the 1217 -1221 Frost Avenues address. In addition, a pump island was formerly located on the property and may have been associated with the LIST. • The parking area on the north side of the 1217 1221 property is unpaved and a noticeable petroleum -like odor was evident at the time of the site visit. + The following historical recognized environmental conditions were identified at the Site: o L & L Lion's Hall LUST Facility, 1310 Frost Avenue; file closure granted April 19, 1996. o John Blake LUST Facility, 1201 Frost Avenue; file closure granted November 28, 1995. o Marko Auto Services/ Hoffman Corner LUST Facility, 1291 Frost Avenue; file closure granted April 14, 2000. Redevelopment activities associated with the properties identified in the abovementioned RECs and historical RECs may require additional assessment. In addition, future redevelopment activities should include the preparation of a response action plan and construction contingency plan that addresses the lvlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 Jannary 2007 Page 10 management of known and unknown sources of soil and groundwater contamination that might be encountered during redevelopment. ESA Mitigation Actions Responsibility Time Frame Cost Est. 1. Conduct ESA Phase II Developer or Landowner At time of development proposal TBD AUAR Updates and Amendments The ALTAR assumes two development scenarios. Because it is based on assumptions, it is important that actual development be monitored and compared to the development that was assumed in the development scenario. Tracking of this development will be done through the City's geographic information system (GIS) and other means. As required by Minnesota Rule 4410.3610 Subpart 7, to remain valid, the AUAR must be updated if any of the following events should occur: • Five years have passed since the AUAR and mitigation plan were adopted and all development within the project area has not been given final approval. • A comprehensive plan amendment is proposed that would allow an increase in development than what was assumed in the development scenario. • Total development within the area would exceed the maximum levels assumed in the environmental analysis document, • Development would exceed the maximum levels assumed in AUAR development scenarios. • A substantial change is proposed in public facilities intended to service development in the area that may result in increased adverse impacts on the environment. • Development or construction of public facilities will occur differently than assumed in the development scenario such that it will postpone or alter mitigation plans or increase the development magnitude. • New information demonstrates that important assumptions or background conditions used in the analysis presented in the AUAR are substantially in error and that environmental impacts have consequently been substantially underestimated. • The RGU determines that other substantial changes have occurred that may affect the potential for, or magnitude of, adverse environmental impacts. lvlittgation Plan Gladstone Redevelopment Master Plan AU9R 8 Jannary 2007 Page 11 Agenda Item L4 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer SUBJECT: Gladstone Area Improvements, City Project 04-21, Consider Approval of Grant Request to Minnesota Pollution Control Agency for Investigation of Savanna Contamination DATE: March 16 INTRODUCTION A public meeting was held On March 5 m to review the findings on the contamination discovered within the Gladstone Savanna. Al Sunderman and Jill Mickelson, representatives from SEH, Inc., presented information On the findings, aS well 8s the cleanup plan and its likely costs. ApepnesentSUve from the Minnesota Pollution Control Agency (W1PCA) Amy ||odi@[iS. confirmed that staff was working OD8grant request with K8PCAhJ further the investigation. Approval Of the Grant Request iSrecommended. Background In December 2006, the City Council authorized Phase I of the Gladstone Improvements. Included within that authorization was an environmental consultant to investigate possible improvements for the Savanna. That consultant, SE|| Inc., has F8CSDdy informed the City that their preliminary testing of soils OD the Savanna has indicated contamination that possibly exceeds accepted standards. The main concerns on the site are nn8t8|s. specifically lead, mercury and arsenic. The heavy oils and pEtn}|RUnn ([)R{}) 8rR also concern, but, these materials can be managed in a contingency plan where clean-up of the sites can be managed relatively easily and inexpensively. The extent Vf the metals within the site needs further investigation. It does not appear that contaminants are outside this site. The attached application letter and scope of work provides the basis for the K8PC& Targeted Brownfield Assessment Grant Program. Also attached are information sheets on the k8PCA Grant Program and Br0vvnfie|d3 Conversion Program. K8P[}A is preparing t0 begin the testing work within the next couple of weeks following Council approval. |t appears that the grant will provide the City with approximately $2O.O00tO$3O savings for testing. The actual grant funds will be paid byPWPCAtO their consultant; which will reduce the City's cost LO our consultant. The testing will allow UStO explore the necessary steps for future protections. Once the ieSdnQ is connp|8tR, staff will pUrSV8 Qn8ntg for the dH8nVp work. Discussion VV8 remain hopeful that the cleanup of the site may Ue monitoring and proper handling nf the material within the proposed improvements 0f the Savanna. Ad this point, the cost and extent Of the cleanup cannot be quantified. |iGpp88rGthGLth8hnG|so|Udonvvi||invV|v8nnin0rn8nnov8|Vf''hOtGpntG with 8 final grading plan that provides 8 5-foot cover material over majority of the contaminated area to pnJvidea'S@fe zone'. A3vvedevelop plans, the costs to the City appear tobeminimized. VVe will continue LV explore this, but in preliminary reviews, this seems b] be the direction Vf our investigation. It is r9CVnnnn8nd8d that CVVnCi| approve this Grant Request to K8inn8GOt8 Pollution Control Agency for Investigation of Savanna Contamination. Attachments: 1 Grant Application Letter and Scope of Work 2, mpC« Brownfield and Grant Information %M�lrch 13 2007 REi 520 1.,af-ayerTe Road Norflh A Paul. NIN 551 Dear Mr. Sarappm CITV AY w c rM u e man, T:1-1 -. Inc. DEPARTME t t -' VORKS 651 770- 4 5 S0. FAX: 651_ 748.. 30 . ... ... ........ MPCA Targeted Brownfield Application Information Site Name Gladstone Savanna Site Description The site is approximately 27 acres in size and is located in the southwest quadrant of the intersection of Frost Avenue and English Street in Maplewood, Minnesota. No street address is currently assigned to the property. The property is located in the north half of the southeast quadrant of Section 16, Township 29 North, Range 22 West, Ramsey County, Minnesota. The property is within the Corporate Boundary of the City of Maplewood. Site Map Figure 1, attached, presents the site location overlain on the current USGS Topographic Map. Site Ownership The property is owned by the City of Maplewood, purchased from the K & J Corporation via The Land for Public Trust in 1994. Site History The site was first developed as a railroad repair facility in the late 1800's. It appears that sometime prior to WWII repair operations ceased at the facility. The railroad roundhouse was torn down sometime between 1927 and 1940. In the 1960's five acres encompassing the former repair facility structure were purchased by the Whirlpool- Seeger Corporation for appliance storage. During the period 1977 - 1980 the site structures were demolished. After 1980 the property has been vacant, owned by a series of entities including Glacier Park Company, Good Value Homes, K & J Corporation, The Trust for Public Land, and since 1994, the City of Maplewood. Although a chain -of -title review has not been conducted for the subject property, the following information has been identified from reports reviewed by SEH: Time Period /Date Ownership Historic Use /Activity ? —1887 St. Paul and Duluth Railroad maintenance and storage facility. Railroad 1887 — 1960's ? Burlington Northern Known as the Gladstone shops. Railroad car repair shop, snow Railroad plow repair, and roundhouse for steam - powered locomotives. Documented uses include: • Roundhouse • Pattern room (woodworking) • Iron Foundry • Brass Foundry • Oil House • Machine Shop • Erecting Shop • Paint Shop • Warehouse Storage • Office • Exterior Lumber Storage Boiler Room Note: railroad roundhouse was demolished prior to 1940. A 1927 Sanborn map does not show the roundhouse structure. 1960's ? - 1980's Whirlpool- Seeger Appliance storage, general warehousing, tool & die operations. Corporation Listed in 1978 City Directory as 1875 English Street. 1980's - 1992 Glacier Park Investment property /undeveloped land. Warzyn Environmental Corporation Limited Phase I ESA (attached). 1992 -1994 K & J Corporation Vacant land. In 1992 and 1993 several environmental investigations were conducted on the property. In March 1993 K &J Corporation enrolled in the MPCA Property Transfer Technical Assistance program. The site was known as Frisbee Hill, #PT -3740. In August 1993 the site was withdrawn from the PT /VC program. TBA Application Page 2 Time Period/Date Ownership Historic Use/Activity 1994 The Land for Public Vacant land. The Land for Public Trust acted as an intermediary in Historic Area Trust the sale of land to The City of Maplewood. In 1994 a Phase 11 Metals- Metals- ESA was conducted at the subject property. December 1, 1994 — The City of Vacant land. Future Gladstone Savanna public nature preserve. present Maplewood In 2001 a 573-foot railroad water supply well was located on the Roundhouse 710 property and abandoned in compliance with State of Minnesota 740 20 Well Code. Site Contamination Identified site contaminants include diesel range organics (DRO), polycyclic aromatic hydrocarbons (PAH) as measured by benzo(a)pyrene (B[a]P) equivalents, lead, arsenic and mercury. The contamination identified to date appears to correlate with past uses of the property as a railroad repair facility. Specifically, the former paint shop, roundhouse, brass foundry and machine shop uses. The following table summarizes contamination observed in each area of the site: The listed result is the maximum detection of all sampling points within the historic area in mg/Kg. A limited area of buried diesel-impacted soil was observed in a historic fill area on the western edge of the former railroad complex. Testing for volatile organic compounds (VOQ, polychlorinated biphenyls (PCB) and asbestos have not identified these compounds in site soils. Additionally, buried debris may be present on site. The depth of fill observed throughout the property ranges from 2 to 11 feet. Previous Reports The attached Tables I through 4 summarize the laboratory analytical results of all known environmental investigations conducted on the subject property to date. Figure 2 summarizes previous investigation locations and results. Included in Appendix B of the SEH 2007 Draft Limited Phase 11 ESA Report are copies of the environmental investigations conducted at the site. These reports can be furnished in electronic PDF format to TBA staff upon request, however due to the file size they have not been included in this document. Enforcement Actions City staff were interviewed regarding known historic or current enforcement actions related to past or present site use. No current enforcement actions or property liens were identified. No property liens or enforcement actions or other requirements other than Minnesota State well abandonment requirements were identified during the 1994 sale of the property to the City. Note, in 1994 the selling party, K&J Corporation, obtained a waiver from the Department of Health on the basis that the well could not be found. The well was later located and abandoned in 2001. TBA Application Page 3 Heavy Oils Heavy Oils Total Total Total Historic Area (as DRO) (as B(a)P) Metals- Metals- Metals- Lead Arsenic Mercury Roundhouse 710 5.6 740 20 0.21 Paint Shop 120 Not tested 400 6.9 3.8 Machine Shop 230 29.7 360 8.2 0.51 Erecting Shop 72 2.16 4.6 2.2 Non detect Brass Foundry 130 1.23 740 29 0.17 Railroad Tracks 120 2.12 54 3.8 0.12 Historic Fill Area 210 Non-detect 74 3.9 Non- detect ACTION LEVEL 200 2.0 300 5 0.5 The listed result is the maximum detection of all sampling points within the historic area in mg/Kg. A limited area of buried diesel-impacted soil was observed in a historic fill area on the western edge of the former railroad complex. Testing for volatile organic compounds (VOQ, polychlorinated biphenyls (PCB) and asbestos have not identified these compounds in site soils. Additionally, buried debris may be present on site. The depth of fill observed throughout the property ranges from 2 to 11 feet. Previous Reports The attached Tables I through 4 summarize the laboratory analytical results of all known environmental investigations conducted on the subject property to date. Figure 2 summarizes previous investigation locations and results. Included in Appendix B of the SEH 2007 Draft Limited Phase 11 ESA Report are copies of the environmental investigations conducted at the site. These reports can be furnished in electronic PDF format to TBA staff upon request, however due to the file size they have not been included in this document. Enforcement Actions City staff were interviewed regarding known historic or current enforcement actions related to past or present site use. No current enforcement actions or property liens were identified. No property liens or enforcement actions or other requirements other than Minnesota State well abandonment requirements were identified during the 1994 sale of the property to the City. Note, in 1994 the selling party, K&J Corporation, obtained a waiver from the Department of Health on the basis that the well could not be found. The well was later located and abandoned in 2001. TBA Application Page 3 Proposed Site Use The Gladstone Savanna is one just one of the properties involved in the Gladstone Neighborhood Redevelopment. In the near term, an area in the western portion of the property will be redeveloped for use as a storm water detention and treatment area that will accept flows from later phases of the Neighborhood Redevelopment project. The remainder of the property will be redeveloped into green space. Specifically, the City of Maplewood desires to turn the area into an urban nature preserve which integrates the natural oak savanna setting with functions of recreation and education. Amenities planned for the park include hard - surface walking paths, sitting areas, and educational stations. The urban nature preserve is different from the paved- and mowed- park areas commonly found in urban settings, and its addition to the City is seen as a vital part of the Gladstone Neighborhood revitalization effort. Note, the City is aware that the planned park design will need to be amended as necessary to reflect the findings of the environmental investigation. Group Efforts The Gladstone Savanna aspect of the Gladstone Neighborhood Redevelopment project has been the subject of extensive and long - running public involvement by many parties. A short list of the groups involved in the conceptual development and planning of the project include: • Ramsey /Washington County Metro Watershed District — Assisted with educational and planning concepts. • Maplewood Open Space Taskforce — A committee of Maplewood residents that advises the City on need and management of all City open spaces. Contributed to the design concept. • The Gladstone Taskforce — A committee of Maplewood residents that contributed ideas to the overall neighborhood project, including desired attributes of the Gladstone Savanna. • City of Maplewood Parks Commission — Provided input into park planning. • General Public — A series of five public meetings solicited input from neighborhood residents. TBA Application Page 4 A SEH MEMORANDUM , 1'() Al SunderlitJ11 FROM - Jill I ),\T I": F4 hruary I S S I I A A 1A I'Ll".((11 '02 SP [AI III CII I i" L'd ' Sjlk.'IA� d C01) Ll 1111 IIJ I i0l I al dw I ld ,t (III-. 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O Brownfields to Green Space C l n U PZrownsfi elds 1.0' - Auguo 2006 Voluntary Investigation and Cleanup Program Restoring brownfield hiies w, recreational space, givenways, natural areas, and wher community irnenitie, bone it the em, in many M C brvn f1d I -L ............. . . . . . - ------------------ . . ....... ........... ........... ..... .......... ........................... MinnesoLa Pollution Contwol AgenCy - 5-20 Lafayette Rd. N , Sl. Paul, rAN 5 a wevv-pca.srato.mn.us 651-2%- - 800-6,57-3864 - TTY 651-282-5332 or 800-6567-3864 - Ava�lable in alternative fermalts JP ('.l 0% ; ttaw rar civ ir-onmenk, ']'he 1:rvauon of plAwy anenibic grceti qmcc firkmi timicruit hire d allLi dmhnm"g pwpww ib oluni the mucal Anulun Ar nes UM IN D M AM C CO t1li t 11 Lt t) 1 i R: K! ---' 1 Q �1) 111CM - 1 1W ' uterawd rmvncrt a I U cS i t 1 � k 1111 ) I t 1) kl t 11 l fl S What call ygeen space do for this environrruent? Control Agew7 Bmvvr.. to Green Space 1 - Augwst 21306 Page 2 %k-A) ne Sarapp.) :,IPC'A, Rcmediation. Dv, Fswn V a HM an I m eg We I i i) n a nd C! C311 L' 1p Prog ranm (651 � - (400) 65'7-3,8,64 Voluntary Investigation and CAeanup Prograrcs. =080=mm MPCA Targeted Brownfield What are Brownfield! sites? HtNov ac - u� %a t. n abandoned. or d :�ILC� aj in-dumi In conmourk:ial pan Int " hem muse Wor re-,Jexelc-,pnierm ik indered by kno', or WITICAM CH % HA IMICT'Hal LITIVdininawitar. Pm6w am-cMin; pumhwc or an: ul' ihs:�e mz�, olloors -'roncernod abcaa m o�ii flolmud habilw fk.or the g WARMIUMM. What is the TBA Program? The N! PCA', TBA Pi enables the \1PC'A to fare eta roliniental uonsuharli�, too conduct Phase I and Phase 11 2 n t donme on 1 awwo " niants of e I I gi bhe hrol.%nfield properties, A Phase I f n % i R n, n1c it a I a se � ille 11 t i S. ne ra 11 lie Fi r� t a e p irk a s i t e i riv t st i g a t i a) n and intoixes reWe" ol'current and hisroi , are i1perni(ins and -oiher relevairm information orimes in order to cviduare ruwat A! on % vorm a I c oncerriN at a properi N A Pha'�c I I en N I ron nient al a"COcru i' d=c rimi, wq"md invoWN the collection on adf. around wwwo and other q peN of en t inin nwnral sannplc nceded lo del'trinine ifCca"Onination 0 prevent ind i no at %k ham wncern Mon, . Site eligible to receive %-IPCA TKA Program vussisnince includa s any Ann to sines� - sires firiblick- or Ovarcly n"° ed: sires ovlwm i�,-el ta puroc-6-ed cmawKnothron from havirM, alh and-for Petroleum hake prewried prolxrT, ITUM Or MiMeS-Ola POftlfion Control Agency 520 LatayeRe FU hL Sh PwA MN 95 1 5F-4194 , wvovoo pcca.snimG. Mn.US 6511965300 - 800-657-3864 TTY 551182Z332 or 800657-3864 , Avadattie in alternative formals a di 1 5 UN 00n mean we Pn Towd x"C on and tht coininunity howhs Mart Qw ukamw and reuse, am! How can I apply for funding? 0 the the nanw� 't' a the �ite icicatio n, and �iZ�L Nk td nQ OIL tir address. ux) rminge and wectnm inforrnw= U "rH a n% oer ut pc �--wcifi,: inforinatio n ' that - oo nny haxe a j th 0 to Ske nw 0 it deicription of the sue'� ownership staru.�. 9 a clew ript km of i he W i Ww, h kmr; � V it dewrjinm of Ow potential MW curamniumns anti their likely %mirve 0 a cup) of any preN musi; M&Wd em Qnnwnlal Nampling ekna fnmn the We. 1 , t Me me n I t! bc' L0 iv . e t he r *= r n ca: t he re i re an � Woric or ourrern enforei�nireni actiom., rekalcd to paw, va present Yale U40 the pnim"ed nNhe 4 the POW Wml WiS InNNIMM to For more information If You have ciriesirons kw are retlue0ing infornmion, p kan C ran K t MW it y ne Sin it ppo o f I he %-'I PCA i it L rn a A I - 1 HP W OPPOM -&W ASULUN or hy [Anne at r611) 2(y (Y729T N41 Wcb hHP n " n " f� 1 OTC Hin a b1PC A Ta Mefed B rownfiel d Assess rne n i Gra nr P mg; am C Wa n casiBrmons fie 1 d 44 1 .03 6 August 200 6 Minnesota Pollution Central Agency Page 2 KNAAK & KANTRUD, P.A. Attorneys at Law Frederic W. Knaak* H. Alan Kantrud ** Greg T. Kryzer" *Also Licensed in Wisconsin & Colorado * *Qrralifred neutral turder Rule 114 of the Minnesota General Rules of Practice 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, MN 55110 Telephone: (651) 490- -9078 Facsimile: (651) 490 -1580 18 March, 2007 Ms. Kathleen Yankovec 1799 Edgerton Avenue Maplewood, MN 55117 h •- •. = Of Counsel Donald W. Kohler Joseph B. Marshall Thomas M. Dailey, PA. Theodore M. "Ted" Thompson RE: Notice of Intent to Pursue Nuisance Abatement Dear Ms. Yankovec: The City of Maplewood has determined that you are maintaining and permitting a public nuisance on your property located at 1799 Edgerton. Our office represents the City in all criminal and most civil matters and as such we are charged by law to inform you, pursuant to Minn. Stat. § 617.8 1, Subd. 4(b), that: I have reason to believe that a nuisance, as defined in Minn. Stat. § 617.8 1, Subd. 2, is being maintained and or permitted on your property due to the following: 1. A commercial operation is being conducted in and on the property that involves the towing, storage repair and sale of motor vehicle. Said operation being conducted without any permit or license to do so, thereby violating City Code and constituting a public nuisance; 2. Many vehicles that appear non- functional, disabled or that do not register to the property and as such are being kept there improperly and illegally and constituting a public nuisance; 3. Many other items that are improperly and thereby illegally stored on the property create potential harbors for feral animals and vermin thereby constituting a public nuisance. 4. Runoff of significant and toxic quantities of petroleum products into the environment (Municipal and County waters). Yankovec Abatement Notice Agenda Item N1 ] 8 March 2007 Page 2 of 3 Evidence supportive of the above - alleged facts include: I. The most current round of criminal citations, dated March 12, 2007, alleging various violations of Maplewood City Ordinances, following the inspection of the property by City Officials; 2. Site visits made by officials of the City that include the direct observation of junk/inoperable vehicles; vehicles on vehicle transport systems; vehicles in the midst of repair processes; vehicle parts and components strewn about the property; other miscellaneous items improperly stored on the property; 3. The presence of many apparently inoperable and/or unlicensed vehicles that do not register to the address that were observed by City Staff, 4. Observations and attendant complaints from residents regarding the towing of vehicles to and from the property and repair of vehicles on the property and the storage of vehicles on the property; S. The repeated efforts of the City with appropriate Citations being made, for the passed 9 years, alleging the same or similar conduct, including but not limited to: 6. The emergency dispatching of Public Works staff to the address to prevent the direct flow of petroleum waste into an adjacent pond. 7. Operating a motor vehicle repair facility without any City, County or State license to do so and in violation of local law. 8. Operating a motor vehicle repair facility without a Ramsey County Hazardous Waste License. You are hereby also given notice, pursuant to Minn. Stat. § 617.8 1, Subd. 3, that you have 30 days from the receipt of this notice to resolve this issue to my satisfaction. Within 30 days you must prove that you have: 1. ceased all activity related to the towing of motor vehicles to and or from the property; 1 ceased all activity related to the repair of vehicles in the garage and on the property not specifically licensed to you; 3. ceased all activity related to the storage of motor vehicles on the property not specifically owned by you for your personal use; 4. ceased utilizing the property in any way shape or form as a home - occupation or home -based business; S. removed the offending vehicles and other items from the property; 6. cleaned up and abated the runoff of petroleum from the property. Failure to abate the conduct constituting the nuisance or to otherwise resolve the matter with me within 30 days of service of this notice may result in the fling of a complaint for relief in district court that could, among other remedies, result in enjoining the use of the building for any purpose for one year. Yankovec Abatement Notice Agenda Item N1 I8 March 2007 Page 3 of 3 You are also hereby informed pursuant to Minn. Stat. § 617.81(4) that if the conditions complained of herein involve the acts of commercial or residential tenants or lessees of your building and/or property then you may file a motion to cancel that contract and regain possession of your property or you may assign that authority to me as the City's attorney and I will undertake that obligation and responsibility. These options are available under Minn. Stat, § 617.85 to you. The Court will not Order abatement if these nuisance issues were caused by a tenant or lessee of yours and the lease or contract was timely cancelled and that the conditions were not attributable or connected with the property owner. Our office will abate the conditions on the property. We would like to work with you in doing so. If you would like to enter into an Agreement regarding this matter please contact my office at your convenience. If you do not understand the process of abatement under Minnesota law I strongly encourage you to consult with an attorney as this process can deprive you of the use and enjoyment of your property as well as subject you to significant financial obligations should the City have to expend its resources in abating the conditions on the property. Please give this matter your most immediate and serious attention. KNAAK & KANTRUD, P.A. H. Alan Kantrud Attorney far• the City of Maplewood HAK Cc: Butch Gervais David Fisher Kevin Rabbet Greg Copeland . Saint Paul - Ramsey County Department of Public Health Rob Fulton, Director March 21, 2007 Environmental Health Section 27115 White Bear Avenue North, Suite 351 Maplewood, MN 55109-1320 651 -256 -1199 Fax: 651 -266 -1177 Ms. Kathleen Yankovec Certified Mail# 7007 0220 0004 4017 2804 1799 Edgerton Street Return Receipt Required Saint Paul, Minnesota 55109 Dear Ms. Yankovec: RE: Cease and Desist Order for 1799 Edgerton Street On March 16, 2007, an inspection of your operations located at 1799 Edgerton Street, Saint Paul, Minnesota, was conducted by Greg l_aMere of this Department. A City of Maplewood Attorney was also present on this day. Pursuant to this inspection, it has been determined that you are operating a business that generates hazardous waste and are not licensed by the County for such activities. Be advised that the Saint Paul - Ramsey County Department of Public Health, Environmental Health Section has sufficient information to document that you are currently in violation of the following provision of the Ramsey County Hazardous Waste Management Ordinance (Resolution #97 -174): 4.01 License Required Unless otherwise provided by this Ordinance, no person shall, within the County, make or allow property under his or its control to be used for any activity that generates hazardous waste except at an individual generation site for which a hazardous waste generator license has been granted by the Department. Unless otherwise provided by this Ordinance, no person shall, within the County, store, deposit, keep, accumulate, process, or cause to be transported hazardous waste except at a site or facility for which a hazardous waste license has been granted by the Department. Facts supporting the conclusion that a violation of the Ramsey County Hazardous Waste Management Ordinance has occurred include, but are not limited to, the following 1. On February 7, 2005 Ramsey County conducted a site inspection of the property located at 1799 Edgerton as a response to a complaint received by this department through the State of Minnesota Duty Officer. Joe Yankovec of 1799 Edgerton was present at the time of this inspection. Several violations were noted during this.site inspection to include gross releases of oil related wastes onto the ground and runoff onto a nearby city street. 2. On March 15, 2007 Ramsey County conducted another site inspection of the property located at 1799 Edgerton at the request of the City of Maplewood. Joe Yankovec of 1799 Edgerton was present at the time of this site visit. The condition of the property was unchanged from the initial site inspection in 2005. Several violations were noted on this day and continued releases to the environment were evident. 9 w&� printed on tecycicd piper evitti a minimunt or 20% pros[ - consumer content . 1799 Edgerton - Cease and Desist Order March 21, 2007 Page Two You are currently in violation of the Ramsey County Hazardous Waste Ordinance Section 4.01, license required, and Minnesota Pollution Control Agency Rules, to include, but not limited to: 1. Pursuant to Minnesota Rule (MR) 7045.0855 Subpart 2C: Used oil generators shall not store used oil in units other than containers or tanks and must ensure that the following requirements for containers and tanks are met. Containers and tanks used to store used oil at generator sites must be in good condition and not leaking. Containers must be closed, except for containers that receive used oil directly from used oil filter crushing equipment or oil and water separator equipment. Containers must be placed on a surface that is reasonably impervious to used oil. Containers, aboveground tanks and fill pipes of underground tanks used to store used oil at generator sites must be marked with the words "Used Oil." This is a violation of MR 7045.0855 §2C because several unlabeled oil related waste containers were observed stored directly onto the ground throughout the property. 2. Pursuant to MR 7045.0855 Subpart 2D: Upon detection of a release of used oil to the environment... a generator must stop the release, contain the released used oil, clean up and manage properly the released used oil and other materials contaminated with used oil, and repair or replace any leaking used oil storage equipment prior to returning it to service to prevent future releases.... • This is a violation of MR 7045.0855 §2D because the property at 1799 Edgerton has several used oil spills created by improper placement of vehicle motors, transmissions, and related oil and lubricating vehicle parts. It was observed that these items were stored directly onto the ground throughout the property. 3. Pursuant to MR 7045.0214: Any person who produces a waste within the state of Minnesota or any person who produces a waste outside the state of Minnesota that is managed within the state of Minnesota, must evaluate that waste to determine if it is hazardous within 60 days of initially generating the waste. The generation start date must be recorded and available for inspection. Waste that is not evaluated within 60 days of the generation start date must be managed as a hazardous waste.... ® The property located at 1799 Edgerton is in violation of MR 7045.0214 because they have unlabeled mixed waste and vehicle fluids containers stored outside throughout the property. No evaluations of any wastes have occurred at this property. h •- •. 1799 Edgerton - Cease and Desist Order March 21, 2007 Page Three 4. Pursuant to MR 7045.0292 Subpart 6G; 7045.0566 Subpart 2: Facilities must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or nonsudden release to air, land or water of hazardous waste or hazardous waste constituents which could threaten human health or the environment. The property located at 1799 Edgerton is in violation of MR 7045.0292 § 6G (7045.0566 § 2) because they have not prevented releases of used oil or gasoline on the land of their facility. Photographs were taken of the violations listed above for purposes of recording and illustration of Greg LaMere's observations. Therefore the following is hereby ordered: You are hereby ordered to immediately cease and desist all vehicle repair operations at this site that generate hazardous waste. These operations include, but are not limited to, disassembly of autos, processing of autos, and auto maintenance and repair. These activities are NOT to resume at 1799 Edgerton until you have obtained all required permits and/or licenses from this Department, the City of Maplewood, and /or the Minnesota Pollution Control Agency. THEREFORE, YOU ARE HEREBY GIVEN NOTICE THAT THESE VIOLATIONS HAVE BEEN RECORDED BY THE SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH. THIS NOTICE DOES NOT PRECLUDE THE DEPARTMENT FROM TAKING FURTHER ENFORCEMENT ACTION FOR THESE VIOLATIONS. FAILURE TO COMPLY WITH THESE ORDERS AND ANY PROVISIONS OF THE RAMSEY COUNTY HAZARDOUS WASTE MANAGEMENT ORDINANCE WILL RESULT IN THE INITIATION OF FURTHER ENFORCEMENT ACTION. If you have any questions related to this cease and desist order or the licensing process, please contact Greg LaMere at (651) 266 -1184 or Larry Carlson at (651) 266 -1180. Dated: Signed: Zack Hansen Manager, Environmental Health Section Cc: Rob Fulton, Director, Department of Public Health Larry Carlson, Supervisor, Solid & Hazardous Waste Compliance Greg LaMere, EHSII, Solid & Hazardous Waste Compliance Harry McPeak, Assistant Ramsey County Attorney Alan Kantrud, City of Maplewood Attorney