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HomeMy WebLinkAbout2006 06-12 City Council Packet6 :00 p.m. CouncillManager Workshop AMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, June 12, 2006 Gymnasium, Carver School 2680 Upper Afton Road Meeting No. 06 -15 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located 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 1. Minutes from the May 22, 2006 Council /Manager Workshop 2. Minutes from the May 22, 2006 City Council Meeting F. VISITOR PRESENTATIONS Legislative Presentations on the 2006 Session: a. Representative Nora Slawik b. Senator Chuck Wiger C. Representative Leon Lillie G. APPOINTMENTS /PRESENTATIONS 1. Park Improvements in South Maplewood -Parks and Recreation Director Bruce Anderson 2. Fire Service to South Maplewood -Fire Chief Steve Lukin 3. Police Service to South Maplewood- Police Chief Dave Thomalla H. PUBLIC HEARINGS Gervais Avenue Improvements, City Project 05 -17 a. Public Hearing 7:00 pm b. Resolution Authorizing Preparation of Plans and Specifications 1. CONSENT AGENDA 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. 1. Approval of Claims 2. Temporary Gambling — Maplewood Athletics Association at Gulden's Restaurant 3. MCC Thermo -Dyne Compressor Failure Amended 06 -12 -06 1. CONSENT AGENDA (continued) 4. Del Mahr Academy 5. HIPAA Revisions - /tem pulled from the agenda 6. Kenwood Area Street Improvements, City Project 05 -16, Authorize Purchase of Manhole Castings and Covers 7. Gladstone North Area Street Improvement Project, City Project 04 -15, Authorize Purchases 8. County Road D Improvements (TH 61 to Southlawn), City Project 02 -07, Approve Dedication of Roadway Easements for County Road D Court at Hazelwood Street 9. County Road D Improvements (TH 61 to Southlawn), City Project 02 -07, Approve Revision to Easement Agreement with Xcel Energy 10. County Road D Improvements (TH 61 to Southlawn), City Project 02 -07, Approve Revision to Option Agreement with Countryview Golf for Xcel Energy Parcel 11. County Road D Improvements (TH 61 to Southlawn), City Project 02 -07, Resolution for Modification of Existing Construction Contract, Change Orders 19 -24 12. Public Works Building Improvements, City Project 03 -19, Approve Transfer of Funds from Public Works Budget to Project Fund and Adjust Project Budget J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Comforts of Home Assisted Living Facility (2300 and 2310 Hazelwood Street) a Land Use Plan Change (BC to R -3(H)) (4 votes) b. Conditional Use Permit for Planned Unit Development C. Design Approval 2. Code Amendment — Noise Control (Second Reading) L. NEW BUSINESS 1. Intoxicating Liquor License Change of Manager (Lynn Roth) — AMF Maplewood Lanes 2. REaL Department Purchase of Business License Software — Contingency Fund Request 3. Lift Moratorium on Off -Sale Liquor Licenses 4. Carver Crossing Improvements (formerly the CoPar Development), south of Carver Avenue at Henry Lane, City Project 05 -07, Resolution Approving Negative Declaration on Environmental Assessment Worksheet (EAW) 5. Valley View Avenue Drainage Concerns, City Project 05 -36, Receive Engineering Report on October 415, 2005 Storm Event and Authorize Funding for Improvements and Property Owner Settlement Agreements 6. Brand Avenue Drainage Improvements, City Project 06 -15, Resolution Receiving Report and Authorizing Project for Drainage Improvements 7. Kenwood Area Street Improvements, City Project 05 -16, Resolution for Modification of Existing Construction Contract, Change Orders 1,2, and 3 8. CarMaxx / Mogren Addition, City Project 06 -14, Resolution Authorizing Traffic Impact Analysis and Preparation of Feasibility Report M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT 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. Amended 06 -12 -06 Agenda Item E1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, May 22, 2006 Council Chambers, City Hall 6 :00 p.m. A. CALL TO ORDER B. ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Others present: City Clerk Guilfoile City Engineer AN Environmental Manager Konewko APPROVAL OF AGENDA Mayor Longrie moved to approve Seconded by Councilmember RoE NEW BUSINESS 1. Wetland Restoration' ch Pres Pres ent Ayes-All a. Environmental Manager Konewko and City Engineer AN presented the Wetland Restoration update and report. b. Environmental Committee Chair and Planning Commissioner Trippler provided insight on the purpose of a setback buffer and the committee's position on a variance. E. F. 2. Tree Ordinance Amendment Update a. Environmental Manager Konewko presented a summary of the Tree Ordinance Amendment. FUTURE TOPICS ADJOURNMENT Mayor Longrie moved to adjourn at 7:00 p.m. MINUTES MAPLEWOOD CITY COUNCIL 7:14 P.M. Monday, May 22, 2006 Council Chambers, City Hall Meeting No. 06-14 A. CALL TO ORDER M7. Council Social Supper A meeting of the City Council was held in the Council Chambers, at C M8. 7:14 P.M. by Mayor Longrie. M3. B. PLEDGE OF ALLEGIANCE Press Conference at Ramsey C. ROLL CALL County Barn Diana Longrie, Mayor Present M10. Rebecca Cave Councilmember Present Ramsey County Family Service Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember Present Government Update Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as amended. , and was called to order at L1. Comforts of Home Senior Housing - To be addressed following the Approval of Minutes M1. National Night Out M7. Council Social Supper M2. Nature Ce nter Wetland Series M8. Mayor's Forum M3. Recreation M9. Press Conference at Ramsey M4. Dangerous Dogs County Barn M5. Hostile Work Environment M10. Eminent Domain Reform Bill M6. Ramsey County Family Service M11. Ramsey County League of Center Government Update ave Ayes-All E. APPROVAL OF MINUTES 1. May 1, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the May 01, 2006 Council/Manager Seconded by Councilmember Cave Ayes-All 2. May 8, 2006 Council/Manager Workshop Councilmember Juenemann moved to approve the minutes from the May 08, 2006 Council/Manager Workshop as presented. Seconded by Councilmember Cave Ayes-All City Council Meeting 05-22-06 1 3. May 8, 2006 City Council Meeting L. Councilmember Rossbach moved to approve the minutes from the May 08, 2006 City Council Meeting as presented. Seconded by Councilmember Longrie Ayes -All NEW BUSINESS 1. Comforts of Home Senior Housing (2300 and 2310 Hazelwood Street) a. Comprehensive Land Use Plan Change (BC to R -3(H)) [4 rotes] b. Conditional Use Permit for Planned Unit Development C. Design Approval a. Mark Paschke, Frisbee Architects, consented to moving this item to the Councilmember Juenemann moved to table the Comforts of Home 12, 2006 meeting due to approval requiring four votes and one me F 1. Peter Boulay, 1100 County Road up in 2007, and ideas he had for 2. Dave Schilling, 1955 Greenbrier health care. 3. Peter Fischer, 2443 Standridge, s commented on property takes. G. APPOINTMENTSIP,RESENTATIONS 1. George Rossbach Proclamation r Longrie read a' resolution of recognition for former Mayor George Rossbach. Mayor Lo PROCLAMATION RESOLUTION 06 -05 -057 IN RECOGNITION OF THE ACHIEVEMENTS OF "MR. MAPLEWOOD" GEORGE ROSSBACH WHEREAS, George Rossbach has contributed immeasurably to the community of Maplewood and has been instrumental in the development and success of numerous City endeavors; and WHEREAS, Mr. Rossbach has demonstrated his commitment to the City of Maplewood by serving as Mayor, City Council member, serving on the board of the Maplewood Historical Society, hosting the television show "Maplewood in Motion ", volunteering to coordinate the 2007 50 Anniversary celebration for Maplewood, and many civic and community organizations too numerous to mention; and Seconded by Councilmember Rossbach VISITOR PRESENTATIONS June 12 agenda. or Housino to the June ssed the 50 year city anniversary committee coming and the increasing costs of riteria to consider in hiring a City Manager and City Council Meeting 05 -22 -06 2 WHEREAS, George has always provided the hi level of ethics and integrity while serving the City of Maplewood residents for all the right reasons; and WHEREAS, George has served as the premiere example to see what is needed, act on those needs, and Uyso doing has enriched residents and the city aaawhole. NOW, THEREFORE, the Maplewood City Council does hereby recognize George Rossbach for his meritorious achievement and volunteer service to the City of Maplewood for the past twenty-five-plus years and hereby proclaims Monday May 22 2000 as GEORGE ROSSBACH DAY and we furthermore wish him well on behalf of all Maplewood residents in all of his future Seconded by Councilmember Juenemann Ayes-All 2. 2005 Annual Financial Report and Audit a. Finance Director Faust presented the report, b. Chris Omdahl, KPMG, presented the 2005 Annual Financial Report and Audit. Mayor Longrie moved to accept the 2005 Annual Financial Report and Audit. Seconded by Councilmember Cave Ayes-All F. VISITOR PRESENTATIONS_ 4. Ellen Higgins of Business Development, ConODlOO8oOd Communities — Request Letter OfSupport �N�m a. Ms. Higgins introduced CommonBond Communities and provided a brief background on the er Seconded by Councilmember Rossbach Ayes-All H. PUBLIC HEARINGS 1. 7:00 pm - NPDES Annual Public Hearing/Public Comment @. City Engineer AN and Environmental Manager KOnSvvkO presented the report. b. Rob Leaf Water Resource Engineer for 8EM. provided further specifics. C. Mayor Longrie opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Longrie closed the public hearing. City Council Meeting O5-22-}0 3 Mayor Longrie moved to authorized staff to begin soliciting bids to hire a consultant to assist staff in the preparation oft the mandated Non Degradation loading assessment and the mandated Non Degrading Report and MPCA submittals. The monies for this program mandate will come from the Environmental Utility Fund and will not exceed $100,000. Seconded by Councilmember Juenemann Ayes-All CONSENT AGENDA Councilmember Cave moved to approve consent agenda items 1 -5, 9 -11. and 13: Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to approve consent agE requirement that the Wetland Buffered Issue is address a Alliance: Seconded by Councilmember Rossbach Mayor Longrie moved to approve consent Seconded by Councilmember Juenemann 1. Approval of Claims ACCOUNTS PAYABLE: $ 128,272.61 Checks # 69844 thru # 69895 dated 05109/06 $ 161,121.57 Disbursements via debits to checking account 09 Checks # 69896 thru # 69949 dated 5/11/2006 thru 5/16/2006 $ 328,232.13 Disbursements via debits to checking account dated 05/05/06 thru 05/11/06 ,348.40 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 533,928.31 05/05/06 $ 2,364.75 Payroll Deduction check # 105009 thru # 105010 dated 05/05/06 $ 536,293.06 Total Payroll $ 1,374,641.46 GRAND TOTAL City Council Meeting 05 -22 -06 with an additional o- r. 4 2. Kenwood Area Street Improvement Project, City Project 05 -16 — a. Resolution Approving Access Agreement with Ramsey County and Ramsey Washington Watershed District b. Resolution Approving Cost Participation with Ramsey Washington Metro Watershed District for Construction of West Keller Pond Adopted the following resolutions Approving Access Agreement with Ramsey County and Ramsey Metro Watershed District and Approving Cost Participation with Ramsey Washington Metro Watershed District for Construction of West Keller Pond: RESOLUTION 06 -05 -059 APPROVING ACCESS AGREEMENT BETWEEN RAMSEY COUNTY, THE CITY OF MAPLEWOOD AND THE RAMSEY WASHINGTON METRO WATERSHED DISTRICT WHEREAS, the City of Maplewood wishes to construct storm sewer and a pond within county land, WHEREAS, the storm sewer and po Maplewood, WHEREAS, the City purpose of constructing the NOW, THEREFORE, BE IT MINNESOTA THAT: The City of Maplewood approves the Maplewood and Ramsey Washington will be g am within the corporate limits of access rights to county land for the OF MAPLEWOOD, s Agreement between Ramsey County, the City of Watershed District OLUTION 06 -05 -060 )N AGREEMENT FOR CONSTRUCTION OF WEST ELLER POND of Maplewood and Ramsey Washington Metro Watershed District iin county land, sewer and pond will be located within the corporate limits of msey Washington Metro Watershed District has agreed to finance the 1, City of Maplewood will be reimbursed by Ramsey Washington Metro Watershed District for the construction of the pond. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THAT: The City of Maplewood approves the Cost Participation Agreement for the Construction of West Keller Pond. Adopted by the City Council of Maplewood this 22n day of May, 2006 City Council Meeting 05 -22 -06 3. Woodlands of Maplewood Development, City Project 05 -04 — Approve Saint Paul Regional Water Private Watermain Agreement Approved the private water main agreement between Integra Homes, Inc., the City of Maplewood and the Board of Water Commissioners of the City of Saint Paul. 4. Consulting Engineer Operating Agreement with URS, Inc. — Approve Revised Operating Agreement Approved the operating agreement with URS, Inc. and authorized the Mayor and Interim City Manager to execute the agreement. 5. White Bear Lake Comprehensive Plan Amendment (Meadowlands Drive and Centerville Road) Directed the Interim City Manager to sign the waiver form (thus not requiring further review or comment) for the proposed White Bear Lake Comprehensive Plan Amendment. 6. Conditional Use Permit Review — Hmong American Alliance Church (2515 Highway 61 North) Approved to review the conditional use permit for the Hmong American Alliance Church again in four months to ensure all required landscaping on the site has been planted, the wetland buffer is established with native plantings, the roof -top design element is in place, and the roof - trop mechanical units are painted. All original conditional use permit conditions as outlined in the September 22, 2003 City Council Minutes apply. 7. Conditional Use Permit Review — Vai Street) Approved the conditional use permit' Van Dyke Street again only if a probl change to the site. 8. Conditional Use Perm Court) Approved to review th Avenue and Castle C( a major change to the 9. Annual Gambling Lice Adopted the following Chalet Lounge: Town Houses (2191 — 2231 Van Dyke r "the Van Dyke Village Town houses at 2191 -2231 lops or if the owner proposes a major ows Town Houses (Castle Avenue and Castle conditional use permit (CUP) for the Dearborn Meadows PUD on Castle rt again in one year or sooner if the developer or the owner proposes , Inc. — The Chalet lawful gambling resolution application for TSE, Inc. to operate at the RESOLUTION 06 -05 -055 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for TSE, Inc., to operate at the Chalet Lounge located at 1820 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. City Council Meeting 05 -22 -06 NOW, THEREFORE, beb further resolved that this Resolution bvthe City Counc of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their iul Resolution Authorizing Use of Election Equipment Adopted the following reso authorizing the use of election equipment: Resolution Authorizing Use of Election Equipment 08-05-056 WHEREAS, Congress 8DSuP8 that the voting method utilized iO every po place includes device that iS accessible for individuals with disabilities and provides to vote privately and iOd8p8Dd8DUy;@Dd WHEREAS, the Ramsey County Board of Commissioners has adopted the local equipment plan developed by the cities and school districts in the County to acquire and operate a ballot marking device that is accessible to persons with disabilities; and WHEREAS, Ramsey County has received a state grant in the amount of $1,256,572 to acquire and operate such a ballot marking device for disabled voters; and \80HEF(E/\S. the Minnesota secretary of device for use in this state; amd����m� WHER marking dev in all elect in Ramsey County RESOLVED, that the City of Maplewood a marking device for all elections held in itv. in laws; and be it further * the use Gf the Auto0@rkballot nce with applicable state and federal RESOLVED, that the operation and maintenance of the Automark ballot marking device be conducted in the same manner provided for voting systems in the joint powers agreement between the City and the County adopted by the Ramsey County Board of Commissioners on April 24, 2001; and be it further RESOLVED, that the city clerk provide information on the use of the Automark b@||[t ma rking device prior to the 2006 state primary and public demonstrations of said device during the six weeks prior b] the 2000 state primary, iO accordance with state law; and U8it further RESOLVED that a copy of this resolution be provided to the Ramsey County auditor. IT111111111111119i MIT Partners Program Grant Adopted the contract agreement with Ronlaay County and authorized the Finance director to make the necessary arrangements to utilize P.A.C. monies for the matching of grant monies. 12. Consideration for Approval of Funds for the Council Chambers Update Approved the purchase of equipment for the upgrade to the Council Chambers. City Council Meeting O5 certified the Automark ballot marking as authorized the use Of the Auto08rkballot ; Now, Therefore, Be It 7 13. Annual Lawful Gambling License - Church of St. Jerome Adopted the following lawful gambling resolution application for the Church of St. Jerome's to operate at Dean's Tavern: RESOLUTION 06 -05 -058 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Church of St. Jerome to operate at Dean's Tavern located at 1986 Rice Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council' requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. A five minute break was taken. K. AWARD OF BIDS UNFINISHED BUSINESS Kenwood Area Street Improvement Project, City Project 05 -16 — Resolution Approving Senior Citizen Deferral for Joseph Cote a. City Engineer Ahl presented the Councilmember Juenemann moved to adopt tl deferral for Joseph Cote: RESOL APPROVING SENIOR CITIZEN 106-05-064 RRAL FOR JOSEPH COTE WHEREAS, pursuant to a resolution adopted by the City Council on April 24, 2006, the ment object recommendations for the Kenwood Area Street Improvements, City Project 05 -16, resented to the City Council pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, Joseph Cote presented an objection to his assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: Joseph Cote, 1942 Lee Street (172922130016): Mr. Cote is a senior citizen. He has indicated that the proposed assessment will create a financial hardship and requests a senior citizen deferment. On May 8, 2006, Mr. Cote requested that the principal assessment be deferred while paying interest annually on the deferred assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Kenwood Area Street Improvement, Project 05 -16: City Council Meeting 05 -22 -06 1. Joseph Cote, 1942 Lee Street (172922130016): Approve senior citizen deferment including the deferral of the interest, subject to receipt of necessary documents to be approved by the city engineer. Seconded by Councilmember Rossbach Ayes -Mayor Longrie, Councilmember Juenemann and Rossbach Nays - Councilmember Cave 2. Code Amendment – Accessory Structures and Garages (Second Reading) a. Planner Finwall presented the report. Mayor Longrie moved to Structures and Garages: ORDINANCE N AN ORDINANCE AMENDING ACCESSORY- The Maplewood City Council approves the following char Section 1. Section 44 -114. Accessory Buildings. (ad crossed out): (a) The areas of accessory buildings on a lot in an R -1 reside following table: Detached Buildings Attached Ga Without an Attached Without Detz Lot Areas (sq. ft.) Garage Garage Bil€ JILDING REQUIREMENTS es to the Maplewood Code of Ordinances: erlined and deletions are istrict shall be limited to the areas in the ation of )d and Attached * Buildings Under 8,000 768 768 1,188 8,000 - 11,999 1,0100 1,000 1,420 12,000-15,999 1,000 1,000 1,480 16,000-20,999 1,100 1,1 010 1,660 21,000- 41,999 1,250 1,250 1,850 42,000+ 1,250 (garages) 1,250 2,500 1,000(all other accessory buildings) *The total area of all detached accessory buildings shall not exceed the areas in column R4 M. *The total of all attached garages shall not exceed the areas in column {34 2). (b) A private garage shall not exceed 16 feet in height asvieaved fro the street as measured from grade. (c) The city council may approve an increase in height or area by conditional use permit. u.,.. eyeF the (d) Detached garages shall not include living space. No commercial use of a garage shall occur unless authorized by the city council. Seconded by Councilmember Cave Ayes -All L. NEW BUSINESS 2. Trunk Highway 36 Improvements (White Bear to Century), City Project 05 -03 – Receive Environmental Assessment Document from MnDOT and Provide Comments on Project Impacts City Council Meeting 05 -22 -06 9 a. City Engineer Ahl presented the report. Councilmember Cave directed staff to draft a letter to MnDOT noting the city's concerns regarding the Trunk Highway 36 Improvements project and adopted the following resolution supporting the closing of Highway 36 during the proiect: RESOLUTION 06 -05 -065 SUPPORTING CONSTRUCTION CLOSURE TRUNK HIGHWAY 36 IMPROVEMENTS WHITE BEAR AVENUE TO CENTURY AVENUE WHEREAS, the Minnesota Department of Transportation (Mn/DOT), in cooperation with Ramsey County and the City of North St. Paul are proposing to reconstruct Trunk Highway 36 between White Bear Avenue and Century Avenue, including the installation of an interchange at McKnight Road and TH 36 and an overpass at Margaret Street and TH 36 and WHEREAS, Mn/DOT and Ramsey Cc option is being consider that will likely reduce single construction period during 2007 and s, estimated as high as $3.0 million, and WHEREAS, said construction option i of Trunk Highway 36 will be fully closed for a construction season and single lane limited a construction season, and during WHEREAS, the City of Maplewood a large local volume of traffic �d or partially closed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: That the City of Maplewood hereby advises the appropriate Mn/DOT officials that the City Council is in support of the full — closure option for the construction of Trunk Highway 36 during the 2007 construction season. And, further, that the City of Maplewood does hereby request that Mn /DOT officials endeavor to provide a construction project that limits the impacts to local roadways from the construction of Trunk Highwav 36 to the 2007 construction season. by Councilmember Rossbach Ayes -All 3. Eldridge Avenue, Street and Utility Improvements for the Eldridge Fields Development, City Project 0 -04 -- 'Resolution Accepting Petition Request for Public Improvements and Ordering Preparation of a Feasibility Study a. City Engineer Ahl presented the report. Councilmember Juenemann moved to adopt the following resolution ordering the preparation of the feasibility study for the Eldridge Avenue, Street and Utility Improvements for the Eldridge fields Development, Proiect 06 -04: runty officials have reported that a_ construction the construction period and traffic disruptions to a rid option could provide for a project costs savings ncludes a period of time when the entire segment period of up to 5 months during the 2007 ccess for an additional 3 -4 months during the 2007 City Council Meeting 05 -22 -06 10 RESOLUTION 06 -05 -061 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Eldridge Avenue, Street and Utility Improvements for the Eldridge Fields Development, City Project 06 -04, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the feasibility report. Seconded by Councilmember Rossbach 4. Cottagewood, Street and Utility 1 06 -10 -- Resolution Accepting PE Preparation of Feasibility Study a. City Engineer Ahl presen )unt`of $4,000 are appropriated to prepare this ents for the Cottagewood Development, City Project nest for Public Improvements and Ordering Council ffm z A FEASIBILITY STUDY WHEREAS, it is proposed to make utility improvements along Highwood Ave East for the Cottagewood Subdivision Development, City Project 06 -10, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, SOTA: 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 council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $4,000 are appropriated to prepare this feasibility report. City Council Meeting 05 -22 -06 11 5. Gervais Avenue Street and Utility Improvements, City Project 05 -17 — Resolution Accepting Report and Calling for Public Hearing a. City Engineer Ahl presented the report. Councilmember Juenemann moved to adopt the following resolution accepting the report and Maplewood Imports Improvement project: RESOLUTION 06 -05 -063 ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the been prepared by the city engineering division " Avenue, City Project 05 -17, and this report was WHEREAS, the report provides i necessary, cost - effective, and feasible, ` NOW, THEREFORE, BE IT RESOL MINNESOTA: 1. The council will consic improvements for Maplewood Import: abutting property for all or a portion c Statutes, Chapter 429 at an estimate 2. A public hearing shall June, 2006 in the council chambers c published notice of such hearing and Seconded by Councilmember Councilmember Juenemann n Seconded by Councilmember M. COUNCIL PRESENTATIOI 1. National Night Out to bath adopted June 13th, 2005, a report has !nce to the improvement of Gervais by the council on May 15, 2006, and n regarding whether the proposed project is COUNCIL OF MAPLEWOOD, e street improvement of Gervais Avenue and traffic ccordance with the report and the assessment of cost of the improvement pursuant to Minnesota iI cost of the improvement of $748,930. on such proposed improvement on the 12 day of all at 7:00 p.m., and the clerk shall give mailed and ement as required by law. Ayes-All no until all aoenda items are addressed. Ayes-All Councilmember Juenemann encouraged everyone to participate in National Night Out on Tuesday, August V city website has all the Information needed to organize a Neighborhood Block Party with the 2006 goal being 80 block parties. The National Night Out hotline number to register a party is 249 -2192. 2. Nature Center - Wetland Series Councilmember Juenemann announced two upcoming events at Sherwood Park • June 13 6:30 p.m. to 8:00 p.m. to become accustomed with the pondlife at Sherwood Park. • June 22n 4:00 p.m. to 7:00 p.m. to plant a buffer in the park. If it is a rain out, the alternate date is June 27 City Council Meeting 05 -22 -06 12 Participants are asked to bring a hand trowel if they have one. For pre- registration call the Nature Center at 651 - 249 -2170. 3 5 R 7 I-1 p T Recreational Fires Councilmember Rossbach relayed a recreational fire complaint he received from a resident. Mr. Rossbach asked if council would be interested in having staff review the ordinance for a possible amendment to provide an avenue or resource available for individuals having difficulties with neighboring fires. After discussion and due to the circumstance being somewhat isolated, Mr. Rossbach will forward the information to the Fire Chief for resolution. Dangerous Dogs Councilmember Rossbach was contacted by a S Maplewood resident's dog. Council directed the noise ordinance in comparison to state law to bri Hostile Work Environment Item withdrawn by Councilmember Ross Ramsey County Service C At Councilmember Cave's request, cot Ramsey County to obtain their Service Council Social Supper it resident whose dog was killed by a kttorney to review the dog and ck to council in six weeks. rected Interim City Manager Copeland to contact r Policy and Procures for council review. The next social supper will be held on All attendees purchase their own dinn( Mayor Longrie emphasized that the su discussed by council or attendees. 6 - mm 'day, June 3`° at 6:30 p.m. at Guldens in Maplewood. ile socializing and getting to know the council. is social time only and that city business is not Mayor Longrie reminded everyone the next Mayor's Forum is June 3 d , held at City Hall from 10 :00 a.m. to noon, and is a great way to discuss various city issues with approximately 12 other residents. Conference at Ramsey County Barn Mayor Longrie shared that a press conference was held at the Ramsey County Barn a couple weeks past by the Preservation Alliance. The barn has been declared one of ten historic treasures to be protected in 2006. To support the preservation of the barn, citizens are encouraged to contact their County Board of Commissioners. On Friday, Governor Pawlenty signed the Eminent Domain Bill into law which Mayor Longrie felt will make home owners, small business owners and senior citizens very happy. 11. Ramsey County League of Local Governments Councilmember Juenemann announced that the next meeting of the RMCO League of Local Governments will be held Thursday, May 25 at 7:00 pm. with the topic being Code Enforcement. City Council Meeting 05 -22 -06 13 E ADMINISTRATIVE PRESENTATIONS June 12, 2006 City Council Meeting - Carver Elementary Interim City Manager Copeland reminded everyone that the June 12 City Council Meeting will be held at Carver Elementary at 2680 Upper Afton Road. 2. Sponsorship of Fireworks Interim City Manager Copeland requested council approval for corporate sponsorship for the Fourth of July fireworks. Council concurred with staff that sponsorship would allow the budgeted dollars to be used for other city needs. ADJOURNMENT Mayor Longrie adjourned at 11 City Council Meeting 05 -22 -06 14 Agenda Item H1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director /City Engineer Erin Laberee, Assistant City Engineer Michael Thompson, Civil Engineer I SUBJECT: Gervais Avenue Street Improvements, Project 05 -17 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing DATE: May 26, 2006 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, June 12, 2006. Notices of the public hearing have been mailed and published. The feasibility study has been provided as a supplement to the council packet. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council should consider ordering the improvement following the public hearing. Background The city council ordered the preparation of this feasibility study at the June 13th, 2005, regular meeting. On May 22, 2006 the city council accepted the feasibility report and ordered the public hearing. Street improvements have been listed in the city's capital improvements project plan for the past five years. The project involves the complete reconstruction of approximately 0.23 miles of commercial street ( Gervais Avenue). Drainage improvements and sanitary improvements are also part of Gervais Avenue street reconstruction. Proposed financing sources for the project are through the sanitary utility fund, city general tax levy, and street and storm sewer assessments. There are 9 assessable parcels that front Gervais Avenue. The residents and businesses along Gervais Avenue were individually contacted and informed about the City's proposed street reconstruction. Also included with the Gervais Avenue Street Improvements Feasibility Study are traffic improvements associated with the Maplewood Imports development. Originally staff intended to combine the traffic improvements with the Gervais Avenue project. Staff has discussed the traffic improvements with the Maplewood Import developer and several issues need to be worked out before the traffic improvement portion of the project proceeds. This portion of the project is not ready to proceed and is proposed to be deleted from consideration at this time until arrangements can be made with the developer. The project budget and resolution have been revised to exclude this portion of the work from the overall project considerations. The project schedule anticipates construction beginning in mid August and completion of the project in October or November of 2006 for Gervais Avenue. Budget Impact The resolution calls for establishing a project budget of $465,000.00, which is for the Gervais Avenue portion of the work only. The financing sources are outlined below Proposed Financing Sources General Tax Levy $ 246,000.00 53% Assessments $ 192,000.00 41% Sewer Fund $ 27,500.00 6% SPRWS $ - W AC $ - EUF $ - TOTAL $ 465,500.00 100% DISCUSSION/ISSUES It is recommended that the Gervais project area be approved as part of the street reconstruction and traffic improvement project. Gervais Avenue is in very poor condition and in need of complete reconstruction. Storm sewer is inadequate and the project proposes storm sewer improvements to include a water quality treatment pond located south of Gervais Avenue and north of Maplewood Drive. Minor repairs of the sanitary sewer main in Gervais Avenue are needed. RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement of the Gervais Avenue Street Improvements and delaying consideration of the Connor Avenue and English Street Improvements, City Project 05 -17. (Four affirmative votes are required to approve this resolution). Attachments: 1. Resolution 2. Location Map 3. Feasibility Study M. a WHEREAS, a resolution of the city council adopted the 22nd day of May, 2006, fixed a date for a council hearing on the proposed street improvements for the Gervais Avenue Street Improvements and Maplewood Imports Traffic Improvement, City Project 05 -17. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on June 12, 2006, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to Gervais Avenue Street Improvements and Maplewood Imports Traffic Improvements, City Project 05 -17. 2. Such improvement of Gervais Avenue is hereby ordered as proposed in the council resolution adopted the 12th day of June, 2006. The Maplewood Imports Traffic Improvements are hereby ordered delayed and referred to the City Engineer for further analysis and to be considered as part of future improvements in 2007 or 2008. 3. The city engineer is designated engineer for this improvement and is hereby 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 budget of $465,000 shall be established. The proposed financing plan is as follows: Street assessments: $ 177,000 (38 %) Storm assessments: $ 15,000 (3 %) Sanitary Sewer Utility Fund $ 27,500 (6 %) City general tax levy: $ 246,000 (53 %) Total $ 465,000 (100 %) o f V) 3: 'ALM rl "CT. -J o f CON NOR- C - 2 cn bi BROOKS �� C'T 112 Spoon Lake Kohiman Park ry Manufactured Co Housing Estates 2 Keller )DO La ke LEA ry ------- < J r C/) T z N L C COW"'NOR AVE. Cn LIJ UJ iz I IWI ERVAIS AVE. ND�i RD. - ------------ ------------- - - - - - - - — -------- ------ — � �l C l A 'TION < VE �� ------- - - - -------- - -------- Project location COUNTY 7101m-Im- C) Exhibit 1 Project Location Gervais Avenue, Cypress St. to Maplewood Dr. City Project 05-17 0 AVE. ! LLJ !LLJ SEXTANT AVE. Keller )DO La ke LEA ry ------- < J r C/) T z N L C COW"'NOR AVE. Cn LIJ UJ iz I IWI ERVAIS AVE. ND�i RD. - ------------ ------------- - - - - - - - — -------- ------ — � �l C l A 'TION < VE �� ------- - - - -------- - -------- Project location COUNTY 7101m-Im- C) Exhibit 1 Project Location Gervais Avenue, Cypress St. to Maplewood Dr. City Project 05-17 FEASIBILITY REPORT GERVAIS AVENUE STREET IMPROVEMENTS MAPLEWOOD IMPORTS TRAFFIC IMPROVEMENTS PROJECT 05 -17 STREET IMPROVEMENTS GERVAIS AVENUE BETWEEN CYPRESS STREET AND MAPLEWOOD DRIVE MAPLEWOOD IMPORTS TRAFFIC IMPROVEMENTS T.H. 61 & CONNER AVENUE T.H. 36 & ENGLISH STREET I hereby certify that this report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. n Signature: Erin Laberee, P.E. Date: `,3- l2 -oco License No. 43464 City of Maplewood Department of Public Works 1902 East County Road B Maplewood, Minnesota 55109 CONTENTS CERTIFICATION... ................................................................................................. i TABLE OF CONTENTS ................................................................................. ............................... ii EXHIBITS........................................................................... ............................... ............................iii INTRODUCTION............................................................................................ ..............................1 STREET......................................................................................................... ............................... 2 General............................................................................................... ............................... 2 Existing Street Condition ...................................................................... ..............................2 Existing Traffic Conditions ................................................................... ..............................2 PROPOSED IMPROVEMENTS ...................................................................... ..............................3 StreetDesign ...................................................................................... ............................... 3 Storm Water Management ................................................................. ............................... 3 WaterMain ........................................................................................... ..............................4 SanitarySewer ..................................................................................... ..............................4 Maplewood Imports Traffic ................................................................... ..............................4 MISCELLANOUS PRIVATE UTILITIES .......................................................... ..............................5 EROSIONCONTROL ..................................................................................... ..............................5 TRAFFICCONTROL ..................................................................................... ............................... 5 PROJECTCOST ............................................................................................ ..............................6 COSTRECOVERY ......................................................................................... ..............................6 PROJECTSCHEDULE ................................................................................... ..............................7 CONCLUSION AND RECOMMENDATIONS ................................................ ............................... 7 ii EXHIBITS Exhibit 1: Project Location Exhibit 2: Proposed Project Streets Exhibit 3: Existing Street Condition Photographs of Gervais Avenue Exhibit 4: Gervais Avenue Existing and Proposed Street Section Exhibit 5: Gervais Avenue Proposed Drainage Improvements Exhibit 6: T.H. 61 & Conner Avenue Proposed Traffic Improvements Exhibit 7: T.H. 36 & English Street Proposed Traffic Improvements Exhibit 8: Gervais Avenue Proposed Cost Estimate Exhibit 9: T.H. 61 & Conner Avenue Proposed Cost Estimate Exhibit 10: T.H. 36 & English Street Proposed Cost Estimate Exhibit 11: Proposed Assessment Roll (Preliminary) Exhibit 12: Street Assessment Map Exhibit 13: Storm Assessment Map Exhibit 14: Maplewood Imports Location Map iii FEASIBILITY REPORT PROJECT 05 -17 GERVAIS AVENUE BETWEEN CYPRESS AVENUE AND MAPLEWOOD DRIVE, T.H. 61 & CONNER AVENUE, AND T.H. 36 & ENGLISH STREET INTRODUCTION The vicinity map is shown on Exhibit 9, and Exhibit 2 shows the proposed locations for improvements. The section of Gervais Avenue, as defined in this study, is comprised of unplatted parcels with the exception of two parcels. The two parcels were platted under W.H. Howard's Garden Lots (Parcel ID 092922130008, 2411 Maplewood Drive N; and 092922130012 (0 Gervais Avenue). Several commercial properties are located on the south side of Gervais Avenue which include Hermanson Dental, Ethan Allen, Baskets by Design, and Thomas Tool & Supply. There are two residential properties to the north (one being utilized as commercial) along with two vacant commercial properties. Three of the commercial buildings encroach upon the 30' minimum setback from ROW. Gervais Avenue was constructed in 1964, with sewer main and water main constructed in 1968 and 1973, respectively. The street was never properly designed or constructed and is in very poor condition in need of significant improvements. The feasibility report for this project was ordered at the June 13 2005 city council meeting. Letters were sent out to affected residents in July of 2005 concerning the Gervais Avenue improvements. A formal meeting has not been held; rather residents and commercial properties owners along Gervais were individually contacted by phone. As part of this feasibility, traffic improvements are proposed at both T.H.61 & Conner Avenue and T.H. 36 & English Street intersections. The city's engineering consultant, SEH, has reviewed the traffic impacts caused by the development of Maplewood Imports (see Exhibit 2) on the east side of Maplewood Drive to the nearby streets. Several improvements are recommended to mitigate the increase in traffic caused by the development.. The conditions of approval for the site require the developer to contribute their fair share of the costs for the traffic improvements as detailed in the city council meeting minutes for January 1 0 th 2005. STREET General The existing street along Gervais Avenue presents an ongoing maintenance problem for the City of Maplewood Maintenance Department. Of the three infrastructure elements the City maintains (sanitary sewer, storm sewer and streets), the bulk of the maintenance activities consist of patching the roadway and filling potholes. Gervais Avenue serves both commercial and residential properties. Garbage trucks, school buses, and large commercial trucks utilizing the loading docks are generally the heaviest vehicles that use the streets. Existing Street Condition GERVAIS AVENUE Presently, the condition of Gervais Avenue is very poor with potholes and patches very apparent on the street. Inadequate crown allows water to pond and traverse the street section, further deteriorating the roadway. The freeze and thaw cycles that happen every spring, combined with old age and poor design are all responsible for the declining roadway condition. Please refer to Exhibit 3 photographs showing existing roadway conditions. The average existing street width is 32'. To determine the existing pavement thickness and subgrade soil type, three to four soil borings will be performed this summer. The results of the soil borings will be used to determine the street section design. Gervais Avenue has deteriorated past the point where reactionary maintenance is no longer effective. Crack sealing, seal coating and overlaying are no longer cost effective solutions to maintain this stretch of street. It is recommended that Gervais Avenue be completely reconstructed. Existing Traffic Conditions T.H. 61 & Conner Avenue Conner Avenue at T.H. 61 is a main access to and from Maplewood Imports. Currently there is no acceleration lane for traffic turning right onto northbound T.H. 61 from Conner Avenue. An increase in traffic from Maplewood Imports will cause traffic to backup on Connor Street with out the addition of an acceleration lane. Also, the traffic islands on the east and west side of T.H. 61 on Conner are not clearly delineated and allow for illegal turn movements onto T.H. 61 T.H. 36 & English Street The signalized intersection at English Street and T.H. 36 is another main access to and from Maplewood Imports. The turning lanes on English Street, north of T.H. 36 are 2 inadequate. Additional turn lanes are needed to compensate for additional traffic. The left turn lanes at English Street onto east and westbound T.H. 36 are offset which impedes site distance. Improvements to the left turn lanes are needed as well. PROPOSEDIMPROVEMENTS Street Design Gervais Avenue will be reclaimed where pavement thickness and subgrade soils are adequate for this process. Reclaiming the streets is a material recycling process where the existing pavement surface, aggregate base and sandy subgrade soils are pulverized and mixed to form a new aggregate base material. This new homogeneous material is salvaged and reused. This process, where applicable, reflects a financial savings to the project since less material must be hauled from and to the site. The proposed street design will utilize a B618 barrier curb and gutter on the street currently without curb. Exhibit 4 shows the proposed street section. This type of curb will be used throughout the project in conjunction with conventional storm sewer. Concrete curb will provide delineation between the street and the boulevard. There are a number of long -term advantages to constructing concrete curb and gutter. The roadway edges are strengthened and reinforced by the concrete curb. Horizontal alignment and vertical elevations for the street are fixed during paving. Future pavement management operations are simplified, less expensive and less disruptive by having a concrete curb constructed with this project. Proposed street width will match the average existing street width of 32 feet. Storm Water Management There is some existing storm sewer on Gervais Avenue, but it is not adequate. Exhibit 5 shows the location of the existing and proposed storm sewer. There are a number of issues with the existing system: There is a lack of storm water facilities on the most of the street - As part of the proposed storm sewer improvement; additional storm sewer would be constructed to direct runoff to the 24" storm sewer pipe located in Maplewood Drive. The westerly portion would be routed to the existing 18" storm sewer pipe located in Gervais Avenue that extends southerly. The Gervais feasibility cost estimate includes addressing a drainage issue at the intersection of Conner Avenue & Duluth Street where runoff is ponding in the street. There is a lack of storm water quality treatment- Runoff from Gervais Avenue currently does not received treatment. A proposed pond adjacent to Maplewood Drive would remedy the situation, as both the existing 18" and 24" storm sewer pipes carrying drainage from Gervais Avenue and Maplewood Drive outlet into the proposed pond location. The pond would also treat storm water runoff from upstream of the Gervais Avenue connection. • Private Drainage Issues- According to as built plans there is surface drainage entering the sanitary sewer via a trench drain located at 1065 Viking Drive E. At the same address there is an existing catch basin at the base of a loading dock and information on where this drains to or connects is unknown. A similar situation exists at 1081 Hwy 36 E with a storm sewer catch basin located in a loading dock along Gervais Avenue. The existing 18" storm sewer pipe located in Gervais Ave and extending south is lower than the private catch basins which would allow connection options. These private utility lines should be televised to verify routing and terminate any illegal connections to the sanitary sewer. AT At this time Saint Paul Regional Water Services (SPRWS) has not identified the need for watermain replacements along Gervais Avenue. But, as a matter of maintenance, SPRWS would propose to replace any substandard hydrants, valves, services, etc., where necessary. This work would be done by the water utility personnel prior to the street construction, and at no cost to the city. Maplewood will only be responsible for water system expenses that are directly the result of the street construction. Sanitary Sewer No major improvements are proposed for the existing sanitary sewer system along Gervais Avenue. However, city sewer maintenance records have been reviewed and various spot repairs of the sewer system have been identified for improvements. During the design phase questionnaires will be sent out to residents to determine if there are any potential sanitary sewer main and service problems within the right -of -way and under the proposed street. Any damaged sanitary sewer main and services under the roadway will be repaired prior to the street reconstruction. This work would be performed as part of the overall project with repairs being paid by the sewer utility fund. Maplewood Imports Traffic T.H. 61 & Conner Avenue The recommendation by S.E.H. is to provide an auxiliary lane to allow Conner Avenue traffic to accelerate and merge into the northbound T.H. 61 traffic while maintaining the right turn lane capability for traffic turning right onto County Road C off of northbound T.H. 61 (Exhibit 6). Also, the islands on both the east and west side of T.H. 61 would be reconfigured to better physically control the % access of this intersection. The islands would better prevent traffic from deviating from the intended movements of the intersection. T.H. 36 & English Street From the traffic study conducted by S.E.N. it is proposed that English Street, north of T.H. 36 be widened to allow for dedicated southbound left, through, and right turn lanes. Also a raised median would separate north and southbound traffic at the intersection 0 (Exhibit 7). This proposed change will better align the English Street left turn lanes for better sight distance. MISCELLANEOUS PRIVATE UTILITIES Staff recently sent out a letters to contact all private utility companies regarding this project. Coordination with utility company designers will reduce potential conflicts with the proposed street design. EROSION CONTROL Erosion and sediment control methods will be implemented throughout the project. Silt fence, bale checks, and other erosion protection methods will be utilized where direct runoff might occur. Inlet protection will be used to protect both the existing and new catch basins during construction. Street sweeping will occur, as needed, on all paved street surfaces throughout the project, including intersecting streets. Watering of exposed soils and aggregate material would be done as a dust - control measure. TRAFFIC CONTROL The proposed area Gervais Avenue street reconstruction only affects local traffic. However, there will be minor inconveniences and disruptions to local businesses and residents. Several businesses accept shipments at loading docks directly off Gervais Avenue, but there is additional access to these properties off of Maplewood Drive. Staff and the contractor will work with the businesses to keep disruptions to a minimum. Emergency access for vehicles will be available 24 -hours a day throughout the project. During short periods of time, however, some segments of the project may not be passable while certain work is being executed. In these instances, access would be available from another direction. Streets would always be reopened at the end of the day. An alternate route for the fire trucks will be determined for short periods of time when access may be blocked due to construction. Residents with concrete curb work, or concrete driveway apron replacements, will not be able to use their driveways during the week the concrete is curing. During that time, Maplewood police will be notified of the arrangement in order to add patrols while residents are required to park on the streets. The traffic control for the Maplewood Imports improvements will be in conjunction with Mn/DOT which will require an extensive traffic control plan in accordance with Mn/DOT standards. PROJECT COST The estimated project cost is outlined below. Estimated Project Costs: $748,930.00 The estimated costs for the proposed project are outlined below. The estimated costs include contingencies and overhead, which include engineering, administrative, legal, and fiscal expenses. Exhibits 8, 9, and 10 provide a more detailed construction and project cost estimate. Estimated Proiect Cost Summary Gervais Avenue Street Improvements: $321,103.00 (43 %) Drainage Improvements: $111,670.00 (15 %) Sanitary Sewer Improvements: $31,574.00 (4 %) Maplewood Imports Traffic Improvement (Maplewood Imports): $284,583.00 (38 %) Total estimate project costs: $748,930.00 (100 %) COST RECOVERY Based on the City of Maplewood's Pavement Management Policy, a portion of the project cost is assessed on an equal "unit" basis. The "unit" would be based on an average residential lot, as has been used in the past. There are 9 assessable parcels within the project area. Exhibit 11 details the preliminary assessment roll. Exhibits 12 and 13 show the properties proposed to be assessed for street and storm sewer improvements respectively. The properties not being assessed for storm sewer reflects the fact that they were previously assessed under the Maplewood Drive /Keller Parkway improvements. The city's 1999 pavement management policy identifies certain improvement options with established assessment rates for each of those options. The 2006 assessment rates were approved by the city council in 2005. Therefore, the following 2006 assessment rates would apply. • $4,510 /unit for street reconstruction with curbing. • $90.20 /Ft for street reconstruction on multi - family or commercial properties. • $750 /unit for drainage improvements. • $15.00 /Ft for drainage improvements to multi- family or commercial properties. • $1,360 /unit for new water service installations. • $2,060 /unit for new sewer service installations. 6 Estimated Proiect Cost Recovery: Street assessments: Storm assessments: Traffic assessments: Sanitary Sewer Utility Fund City general tax levy: Total $ 176,999.00 (23 %) $ 14,355.00 (2 %) $ 284,583.00 (38 %) $ 27,500.00 (4 %) $ 245,493.00 (33%) $ 748,930.00 (100 %) PROJECT SCHEDULE The following schedule may be implemented, should it be determined to proceed with the project: Receive feasibility study and order public hearing Public hearing Authorize preparation of plans and specs Approve plans and specs /authorize advertisement for bids Bid date Assessment hearing Accept bidslaward contract Begin construction Complete construction Assessments certified to Ramsey County CONCLUSIONS AND RECOMMENDATIONS 05/22/06 06/12/06 06/12/06 07/10/06 07/24/06 08/14/06 08/14/06 08/21/06 10/31/06 10/09/06 From the results of the feasibility study and investigations, it can be concluded that: 1. The project is feasible as it relates to general engineering principles, practices and construction procedures as it has been presented in this report. 2. The project is necessary for economic and safety reasons and is cost effective when all the related costs are considered — environmental, private and public. 3. The proposed improvement is necessary to maintain the city's infrastructure and keep the level of service for traffic at an acceptable level. 4. The total cost estimate for the project is $748,930.00. 5. The total share proposed to be assessed to the benefited properties is $475,937.00. 6. The total city share of these costs is proposed to be $245,493.00. 7 7. Sewer fund will contribute $27,500 to the project. In consideration of the above conclusions, it is recommended that: If the city council deems the project feasible, a public hearing should be held as soon as possible. 2. The proposed improvements should be constructed as outlined in this report. 3. The cost of the improvements will be recovered through assessments to the benefited and through city contributions. 8 M OF; P roj ect Lo cati o n M no scale 2 < 6. GERMAN ST. - R DEMONT AVEE. E5 LJ IL Cr W LYDIA AVE. 7 REIVINGWAY - - - ----- ....... ... . AVE. E. 0. COUNTY ROAD D WONIDLYNN ooE. ScuI AVE. - 1 ` LC BEAM AVE. BURKE A JOHN'S to X y 4- X � OIN UXk&i -V < OP (D2 3. DULUTH CT. w 3 1 W. Kahiman Gervois Lake 'lake AVE. z all R- BEAM NTY > K '' Nalmon 0 Park DR 37 DR OR fALM vt CT, 0 R ? a North ro's'hwona __J VIKING < CO DR 4 C) < S1 AVE C < BRODY$ LLJ < SEXTANT AVE. 4 0 8 0 0 0 S000r 82 Lake M OF; P roj ect Lo cati o n M no scale 0 M JUNC TI 7N 4 AVE , . . . ....... 6. GERMAN ST. - R DEMONT AVEE. E5 LJ IL Cr if Q 7 REIVINGWAY - - - ----- ....... ... . AVE. E. :5 COUNTY ROAD D WONIDLYNN ooE. ScuI AVE. - 1 ` BURKE A JOHN'S to X y 4- 2. SUMMIT CT. COUNTRYVIEW CIR, — ST- BLVD o _"o <A 6 5) 3. DULUTH CT. w 3 1 W. SEXTANT < z z P.VE� AVE. z all BEAM SKILL ri AVE, > SK%ILLMAN AVE z 0 M Z IL z JUNC TI 7N 4 AVE , . . . ....... DEMONT AVEE. E5 LJ IL Cr 0 >­ BROOKS - - - ----- ....... ... . AVE. E. :5 A D� BURKE AVE. - 1 ` BURKE A < ELDR I D G E AVE Pond z M Four AVE seasons < Q , , " " W. SEXTANT Pork z P.VE� AVE. BELMONT LN - ;7 AVE, SKILL ri AVE, > SK%ILLMAN AVE z GRANDVIEW Is a North ro's'hwona __J VIKING D-R, RS D A Pork tu 203 ROAD Sl AVE, C Knuckle Head Lake Ln -IT 0 Z IL z JUNC TI 7N 4 AVE , . . . ....... DEMONT AVEE. E5 LJ IL Cr 0 >­ BROOKS - - - ----- ....... ... . AVE. E. :5 A D� BURKE AVE. - 1 ` BURKE A < ELDR I D G E AVE 064 M Four AVE seasons < Q , , " " SEXTANT Pork z P.VE� 2�1 BELMONT LN - ;7 AVE, SKILL ri AVE, C)f SK%ILLMAN AVE GRANDVIEW AVE, 3 zF� > VIKING D-R, RS D A IA AN IE, Sl AVE, 0� Knuckle Head Lake PP E AVE T_ C AVE. LAN , K , AVE S Ln T RAIL ......... . . . . ... LAURIE RD� LAJRIE < :E Sherw"14 ' U1 - V� r :,ANn HIIRrT J1 Pork z AVE. Project Location Gervais Avenue Improvement 05-17 JUNC TI 7N 4 AVE , . . . ....... N� T"Milw= -3 l su PC C- 'A k � k ­'-� ­, N ; A D� BURKE AVE. - 1 ` BURKE A Z) ELDR I D G E AVE 064 , , " " john V:I , P.VE� 2�1 BELMONT LN - GATEWA Y SKILL ri AVE, C)f SK%ILLMAN AVE HARPS AVE, V ;Z 1 A: zF� > RS D A IA AN IE, Q - 1 S� 0� Pat, aaa 4� T_ C U P ark RY ---- AN AV. AVE S Ln T RAIL z z Exhibit 1 Project Location Gervais Avenue Improvement 05-17 h VIII Ac me A 'k M AIN.� .may -V I , COUNTY 0 Koh1man 0 Par k 0. COPE CT. COPE Manufactured L'i Housing - 7 D LARK Estates ...... . ... Li RD. VIII Ac me A 'k M AIN.� .may -V I , ........ 01) R 0 AILD 1-Z ffb NOF� COPE CT. M MAt-LtWVUU IW M I I A 'k M AIN.� .may -V I , ........ 01) R 0 AILD En COPE CT. COPE L'i MAt-LtWVUU IW M I I Improvement Area Exhibit 2 . . . ........ ........ COPE CT. COPE D LARK ...... . ... Lake RD. /LLJ , I I -1 Mr) -, 1 9 Improvement Area Exhibit 2 �� musigm B Oil IT om Existing and Proposed Drainage Gervais Avenue 05-17 iiiiilllro IN MV so 0 100 25 �Qi z Preliminary Cost Estimate V ST REET ANDUTILITY IMPROVEMENTS C IAPLEVVICOD F PROJECT NO, 3 � rev 0^5:08;2006 Estirnated GERVAiS AVE Rem €Ln—%t Unit EST. EST Pr QTY. COST 5e%I M� 6 U A 5 MAX V "v 2'Q 000 00 N� 4NID 5 V3 - Q E 5 DO C- R iO 2 1 34 5 SA A .... �iC jS D V� L VENIE N 00 —v ME E-kC--V-7fi'j PUN �,Y 1 2, 00 7 - .1r U-: 24 M` OG 80 zT R 22A E! 2 7 -r �2 i2 00 STIMH-7 A%T P CIJP B-P X V "� 00 QQ 15 n ZOM 2E ri SE --4 ie 7 K. S- i&co _--i% �P 6,00 233 - 9MAINO'Js C — 0:0 .. 1 ,I n z q 4 7 YPE 4 -,41AEAZK`�HFG%w -2 4500 4a �4 2 '% , 4 �2 24 Lim = 41 'VE 0 0 p R nv S - ;�O- 5 p G Z-8. -2 8 -AMNS St v S 900 91S - i�7 .5, A Z G S M: 2 B B. B .% 4- R 2 rZ 5' 2 7 G A 00 2 -E U 41- 555 2 42� Of. 43 -4 380.0 & 5MOG MCI 26i% K3 2 ;�2 SAM74R - Mv C PCP' SoO 0 i 2 41r 1 00 2 C _;7 1 Ncl 00 X 25 z 2 C�DRRR: G- �PE ;i Sr Ar-R A DO 7� C-n K: LS 0. R- ,,,TM. F 7 -E D D p E E s 7 z B r 7 7-V A rz --X, _7 i 00 CO. 2 Ory 7 2R-:N-�E S—., 7T:-PE 4A 7 B A S & E 0� S 9- E 4'-� E EX S, N EA 1 - - •0 -'v 00 C L AZ:z C, n5p- F.-II 7ZAZ�i' —il - R , "" 'S 4 0 ,00 00 1 AP4 ­P= -=T n X 2 S 2 2Z7E -Y S, 2 OA 4 79� ct- 2�7E S:� i DO Z t4 2,. - - % ES - SE C v S, ii 00 S Cz 2r77 53� L� 20-.3-3 4 CnO 5� Subtotal S2 1 ,0 1 10: C 32 1 01 Subtotal Estimated Construction Costs: 353,116 11n.Sfr V tl, I -egal a Fisca Ex - rse 3 5�1'� Enpeef r-g . A- n � - pe S G .— a 111 232 Subtotal Estimate d Project Costs 464,348 Preliminary Cost Estimate TH61 Auxiliary Lane (T.H,611 & Conner Avenue) MAPLEWOOD, MIN Preliminary Cost Estimate English Street Widening (T.H, 36 & English Street) MAPLEWOOD, MN EXHIBITIO I I AGENDA NO. I -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: Tune 12, 2006 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: 93,861.19 Checks # 69950 thru # 70002 dated 05/12/06 thru 5/23/06 $ 1,165,091.25 Disbursements via debits to checking account dated 05112106 thru 05/18/06 425,858.71 Checks # 70003 thru # 70075 dated 05/24/2006 thru 05/30/2006 $ 279,742.12 Disbursements via debits to checking account dated 05/19/06 thru 05/24/06 $ 432,416.25 Checks # 70076 thru # 70127 dated 5131, thru 6/6/2006 $ 170,411.28 Disbursements via debits to checking account dated 5/25/2006 thru 6/6/2006 $ 2,567,380.80 Total Accounts Payable PAYROLL $ 471,568.65 Payroll Checks and Direct Deposits dated 05/19/06 $ 2,364.75 Payroll Deduction check # 105115 thru # 105116 dated 05/19/06 $ 487,693.13 Payroll Checks and Direct Deposits dated 06 -02 -06 $ 2,364.75 Payroll Deduction check # 105238 thru #105239 dated 06 -02 -06 $ 963,991.28 Total Payroll $ 3,531,372.08 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if ds attachments S \CTY_CLRK\Agenda Lists and Reports 2006\Agenda Reports\06 -12 -06111 Approval of Claims.xls 0511912006 Check Date 69950 69951 69952 69953 69954 69955 69956 69957 69958 69959 69960 69966 69967 69968 69969 69970 69971 69972 69973 69974 69975 69976 69977 69978 69979 69980 69981 69982 69983 69984 69985 69986 69987 05112/2006 0511 8/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05/23/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 05123/2006 Vendor 01088 03660 01809 00064 00064 00072 03663 00111 00159 03589 00340 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00353 00354 02044 00427 00463 00464 00464 00464 00464 01602 03576 00499 01401 00531 00532 02958 00585 02237 03664 00867 03441 00902 00945 03655 03665 02175 01175 01181 00001 00001 00001 Check Register City of Maplewood MN POLLUTION CONTROL AGENCY KRISTJAN WUERCH AGGREGATE INDUSTRIES NCR INC MARK ALDRIDGE MARK ALDRIDGE ALL MAIN STREET ELECTRIC ROBERT ANDERSON ANIMAL CONTROL SERVICES INC PAULBARTZ YANCY BECK CRAMER BUILDING SERVICES CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CURTIS 1000 CUSTOM FIRE APPARATUS, INC. ROBERTA DARST ALICE DUNN EMERGENCY APPARATUS MAINT EMERGENCY AUTOMOTIVE TECH, INC EMERGENCY AUTOMOTIVE TECH, INC EMERGENCY AUTOMOTIVE TECH, INC EMERGENCY AUTOMOTIVE TECH, INC THE ENGRAVING SHOP EUREKA RECYCLING DANIEL FAUST FIRST STUDENT INC FRA -DOR BLACK DIRT & RECYCLE FRANK MADDEN & ASSOCIATES GOODPOINTE TECHNOLOGY INC GOPHER STATE ONE -CALL IMPERIAL IMPRESSIONS CHAD ISAKSON LILLIE SUBURBAN NEWSPAPERS FONG LOR MEMA MASYS CORP MAURER'S YARD UNLIMITED BILL MEINHOLZ AMY NIVEN CITY OF NORTH ST PAUL NORTHEAST SUBURBAN TRANSIT ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR Description NPDES PERMIT REIMS FOR DAMAGED TIE ROD RAIN GARDEN ROCK REIMS FOR MEALS 511 - 515 REIMB FOR MEAL 3122 TEST, REPAIR & REPLACE WIRES PR05 -16 DRAINAGE /PONDING PATROL & BOARDING FEES 4124 - 517 REIMB FOR PDA REIMB FOR EMT TESTING HVAC & BAS MAINTENANCE CONTRACT LETTERHEAD & ENVELOPES LETTERHEAD & ENVELOPES LETTERHEAD & ENVELOPES LETTERHEAD & ENVELOPES LETTERHEAD, NOTE CARDS, LETTERHEAD & ENVELOPES LETTERHEAD ENVELOPES LETTERHEAD LETTERHEAD & ENVELOPES LETTERHEAD LETTERHEAD LETTERHEAD NOTE CARDS & ENVELOPES LETTERHEAD REFUND - VARIOUS JOBS REPAIR AIR CYLINDER ON PUMPER REIMB FOR MILEAGE 5/2 REIMB FOR MILEAGE 5/1 TO 5/12 REPAIR AMBULANCE MEDIC OPTICAL EMITTER REPAIR SIREN & REPLACE SPEAKER REPAIR LIGHT BAR & CIRCUIT BREAKER PROJECTION LAMP PLAQUE RECYCLING CHARGES - APR REIMB MEALS, LODGING, TAXI 5/6 - 5/13 BUS TRIP TO METRODOME - DARE BLACK DIRT LEGAL SERVICES THRU 4/30106 ICON SOFTWARE SUPPORT NET BILLABLE TICKETS - APR POLICE INFO CARDS REIMB FOR BOOTS ADVERTISING FOOD VENDOR PRESENTATION ANNUALPROGRAM STRATUS SOFTWARE MAINTENANCE INSTALL FENCE REIMB FOR SAFETY BOOTS REIMB FOR MILEAGE -APR MONTHLY UTILITIES 2006 CONTRIBUTION TO NEST REF IRIS MURPHY - AMB 05006743 REF BJ ALAN CO - OVERCHARGE PRMT REF CINDY SCHULDT - PARKS Amount 400.00 178.28 578.25 23.47 8.00 2,864.30 750.00 1,061.42 250.00 95.00 2,217.72 1,352.15 1,017.66 879.37 763.75 731.03 570.59 556.63 503.93 307.87 280.21 264.09 219.40 176.05 159.07 43.79 - 266.25 240.00 14.24 177.11 2,046.35 892.50 315.00 49.69 26.54 25.00 20,445.62 1,041.03 115.00 639.00 654.00 1,500.00 1,206.70 111.11 53.93 98.00 260.00 36.00 738.68 2,980.00 39.99 8.01 2,863.93 30,171.00 162.00 80.00 80.00 ig Check Date 69988 69989 69990 69991 69992 69993 69994 69995 69996 69997 69998 I 05/2312006 0512312006 0512312006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 05/23/2006 Vendor 00001 00001 00001 00396 03662 01337 01360 02001 01463 01504 01574 01574 01574 01580 01734 02462 01190 ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR DEPT OF PUBLIC SAFETY CHI DISTRIBUTION RAMSEY COUNTY -PROP REC & REV REINHART FOODSERVICE CITY OF ROSEVILLE SISTER ROSALIND GEFRE CITY OF ST PAUL T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC TSE, INC. WILLIAM P. WALSH SCOTT D WEMYSS XCELENERGY 53 Checks in this report. Description REF ERICKSON OIL - OVERCHARGE REFAMOCO - OVERCHARGE PRMT REF MARY GARDA - ACTIVITY TRANSFER TITLES SITE DISTRIBUTION OF MAGAZINE PROJ 04 -15 RAINWATER GARDENS MERCH FOR RESALE JOINT POWERS AGREEMENT - MAY MCC MASSAGES - APR STREET LIGHT MAINT VARIOUS BITUMINOUS MATERIALS BLACK DIRT FINE ASPHALT JANITORIAL SRVS 3/20 -4/15 COMMERCIAL PLUMBING INSP NAMETAGS EQUIPMENT LOAN Amount 40.00 40.00 40.00 52.50 147.50 1,637.97 140.28 625.00 2,621.00 221.26 1,313.60 50.90 41.42 940.50 2,120.76 15.65 756.64 y.3.60 1. I y 3 CITY OFMAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05/11/06 05/12/06 yWN State Treasurer DriversU Registrar 18,258.24 05/11100 05/12/06 yWN Dept of Natural Resources DNR electronic licenses 1.912.50 05/12/06 05/15/06 yWN State Treasurer Drivers License/Deputy Registrar 13.487.08 05/15108 05/15/06 DainRauocher U8 Bank - investment purchase 1.027.040.00 05/15/06 05/18/06 MN State Treasurer DriversLicenoe/Oepuh/ Registrar 20.238.99 05/16100 05/17/06 MN State Treasurer Drivers License/Deputy Registrar 17.022.16 05/12/06 05/17/06 U8 Bank VISA One Card* Purchasing card items 54.445.40 05/17708 05/18/06 MN State Treasurer Drivers License/Deputy Registrar 12.686.88 TOTAL *Detailed listing of VISA purchases 1sattached. 11 El VISA Transactions 4 -29 -06 to 5 -12 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006/05/07 2006/05/08 VERIZON WRLS 12KW $45.38 R CHARLES AHL 2006/05/04 2006/05/08 PROPET DISTRIBUTORS $2,921.00 BRUCE K ANDERSON 2006/04/28 2006/05/01 CUB FOODS, INC. $3.18 MANDY ANZALDI 2006/04/28 2006/05/02 DAIRY QUEEN MAPLEWOOD $26.57 MANDY ANZALDI 2006/05/08 2006/05/10 ORIENTAL TRADING CO $54.45 MANDY ANZALDI 2006/04/28 2006/05/01 BIFF, INC $345.21 JOHN BANICK 2006/05/01 2006/05/03 UNIFORMS UNLIMITED $1,431.47 JOHN BANICK 2006/05/02 2006/05/03 SKYLINE DISPLAYS MIDWEST $33.15 JOHN BANICK 2006/05/02 2006/05/04 SHRED -IT 01 OF 01 $89.91 JOHN BANICK 2006/05/08 2006/05/09 ARDEN SHOREVIEW AN HOSPT $46.35 JOHN BANICK 2006/05/08 2006/05/10 ARDEN SHOREVIEW AN HOSPT $116.27 JOHN BANICK 2006/04/28 2006/05/01 EXCELLCOM $21.29 JIM BEHAN 2006/04/28 2006/05/03 PARK SUPPLY OF AMERICA IN $4.13 JIM BEHAN 2006/05/01 2006/05/02 ADAMS PEST CONTROL $149.58 JIM BEHAN 2006/05/02 2006/05/05 PARK SUPPLY OF AMERICA IN $38.87 JIM BEHAN 2006/05/08 2006/05/10 HENRIKSEN ACE HARDWARE $41.46 JIM BEHAN 2006/05/08 2006/05/10 EL REINHARDT COMPANY INC $845.78 JIM BEHAN 2006/05/08 2006/05/10 ALL MAIN STREET ELECTRIC $343.00 JIM BEHAN 2006/05/09 2006/05/10 ALL MAIN STREET ELECTRIC $576.00 JIM BEHAN 2006/05/09 2006/05/11 AQUA LOGIC INC $966.53 JIM BEHAN 2006/05/11 2006/05/12 VERIZON WRLS 12KW $18.54 JIM BEHAN 2006/05/02 2006/05/04 CUB FOODS, INC. $67.10 ROGER BREHEIM 2006/05/03 2006/05/04 HYDROLOGIC WATER MANAGEME $49.88 TROY BRINK 2006/04/27 2006/05/01 PIONEER PRESS ADVERTISIN $321.34 HEIDI CAREY 2006/04/28 2006/05/01 PIONEER PRESS ADVERTISIN $112.28 HEIDI CAREY 2006/05/04 2006/05/05 PAYPAL *GOVTTRNGSVC $225.00 MELINDA COLEMAN 2006/05/08 2006/05/09 PLANNING COMMISSIONERS J $78.75 MELINDA COLEMAN 2006/05/09 2006/05/11 CRAGUNS RESORT RETAIL (S36.50) MELINDA COLEMAN 2006/05/09 2006/05/11 CRAGUNS RESORT RETAIL $36.50 MELINDA COLEMAN 2006/05/03 2006/05/04 WMS"WASTE MGMT WMEZPAY $852.48 LINDA CROSSON 2006/05/03 2006/05/04 WMS"WASTE MGMT WMEZPAY $882.30 LINDA CROSSON 2006/05/09 2006/05/11 BLOOMINGTON SECURITY SOLU $60.97 LINDA CROSSON 2006/05/10 2006/05/11 G & K SERVICES 006 $462.28 LINDA CROSSON 2006/04/28 2006/05/01 S & T OFFICE PRODUCTS $6.53 ROBERTA DARST 2006/04/28 2006/05/01 COMCAST CABLE COMM $111.30 ROBERTA DARST 2006/05/09 2006/05/10 S & T OFFICE PRODUCTS $90.40 ROBERTA DARST 2006/05/09 2006/05/10 URBAN LAND INSTITUTE $50.00 ROBERTA DARST 2006/04/29 2006/05/01 MILLS FLEET FARM #27 (S19.12) CHARLES DEAVER 2006/05/03 2006/05/04 SUNRAY TRUE VALUE $2.76 CHARLES DEAVER 2006/05/03 2006/05/05 PETCO $35.13 CHARLES DEAVER 2006/05/09 2006/05/10 MENARDS 3022 $19.15 CHARLES DEAVER 2006/04/28 2006/05/01 WALGREEN 00016873 $31.93 RICHARD DOBLAR 2006/04/27 2006/05/01 A -1 HOME AND UPHOLSTERY $31.95 LARRY FARR 2006/04/27 2006/05/01 THE HOME DEPOT 2810 $117.64 LARRY FARR 2006/04/28 2006/05/01 CINTAS FIRST AID #431 $28.17 LARRY FARR 2006/04/28 2006/05/01 THE HOME DEPOT 2801 $227.63 LARRY FARR 2006/05/02 2006/05/04 HIRSHFIELD'S MAPLEWOOD $183.63 LARRY FARR 2006/05/02 2006/05/04 ELECTRO WATCHMAN INC $399.38 LARRY FARR 2006/05/04 2006/05/05 DAKOTA PLUMBING & HEAT $240.00 LARRY FARR 2006/05/10 2006/05/11 G & K SERVICES 006 $176.24 LARRY FARR 2006/05/10 2006/05/11 MENARDS 3022 $79.52 LARRY FARR 2006/05/10 2006/05/12 STATE SUPPLY COMPANY $312.24 LARRY FARR 2006/05/10 2006/05/12 INSTANT INSTALL INC $1,218.15 LARRY FARR 2006/05/10 2006/05/12 THE HOME DEPOT 2801 $18.55 LARRY FARR 2006/05/11 2006/05/12 PREMIUM WATERS INC $391.15 LARRY FARR VISA Transactions 4 -29 -06 to 5 -12 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006/05/09 2006/05/10 VERIZON WRLS 12KW $76.42 DANIEL F FAUST 2006/05/10 2006/05/11 EGGSPECTATION - OLD MONTR $12.56 DANIEL F FAUST 2006/04/28 2006/05/01 STREAMLINE DESIGN INC $195.00 GREG FINN 2006/05/05 2006/05/08 BACHMANS MAPLEWD 004 $36.72 SHANN FINWALL 2006/04/27 2006/05/01 DEEP ROCK WATER $30.02 DAVID FISHER 2006/05/10 2006/05/12 THE HOME DEPOT 2801 $59.21 DAVID FISHER 2006/04/28 2006/05/01 HP PARTS SUPPORT $19.48 NICK FRANZEN 2006/04/28 2006/05/01 HP ASSISTED SERVICE $217.26 NICK FRANZEN 2006/05/01 2006/05/02 HP ASSISTED SERVICE $217.26 NICK FRANZEN 2006/05/03 2006/05/04 HP ASSISTED SERVICE $106.50 NICK FRANZEN 2006/05/03 2006/05/05 HP RETURN REPAIR $64.20 NICK FRANZEN 2006/05/03 2006/05/05 OFFICE MAX 00002204 $532.48 NICK FRANZEN 2006/05/04 2006/05/05 SYX *TIGERDIRECT.COM $30.02 NICK FRANZEN 2006/05/08 2006/05/10 WWW.CIRCUITCITY.COM $255.58 NICK FRANZEN 2006/05/11 2006/05/12 BARNES & NOBLE.COM $63.89 NICK FRANZEN 2006/05/11 2006/05/12 BARNES & NOBLE.COM $76.67 NICK FRANZEN 2006/05/09 2006/05/10 S & T OFFICE PRODUCTS $18.00 PATRICIA FRY 2006/05/05 2006/05/08 KNOWLANS #2 $4.92 VIRGINIA GAYNOR 2006/05/09 2006/05/11 INTERNATIONAL ASSOC OF AR $75.00 CLARENCE GERVAIS 2006/05/11 2006/05/12 FEDEX KINKO'S #0617 $53.25 CLARENCE GERVAIS 2006/04/28 2006/05/01 S & T OFFICE PRODUCTS $110.97 JEAN GLASS 2006/05/03 2006/05/04 PETSMART 00004614 $16.60 MIKE GRAF 2006/05/04 2006/05/05 HEART RATE MONITORS USA $199.75 MIKE GRAF 2006/05/01 2006/05/04 PRAIRIE MOON NURSERY, INC $21.51 JANET M GREW HAYMAN 2006/05/09 2006 /05/11 RAINBOW FOODS 00088526 $10.90 JANET M GREW HAYMAN 2006/04/27 2006/05/01 INT'L INST OF MUNI CLE $595.00 KAREN E GUILFOILE 2006/04/27 2006/05/01 INT'L INST OF MUNI CLE $125.00 KAREN E GUILFOILE 2006/04/27 2006/05/01 OFFICE MAX 00002204 $46.59 KAREN E GUILFOILE 2006/04/27 2006/05/01 CUB FOODS, INC. $51.72 KAREN E GUILFOILE 2006/04/28 2006/05/01 CUB FOODS, INC. $65.22 KAREN E GUILFOILE 2006/04/28 2006/05/01 PANERA BREAD #3459 $164.67 KAREN E GUILFOILE 2006/05/01 2006/05/03 BROADWAY BAR & PIZZA $51.62 KAREN E GUILFOILE 2006/05/10 2006/05/11 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 2006/05/10 2006/05/11 LILLIE SUBURBAN NEWSP $1,525.85 LORI HANSOM 2006/05/11 2006/05/12 N A D A APPRAISAL GUIDES $60.00 LORI HANSOM 2006/05/02 2006/05/04 RICHARDS MARKET INC $4.25 PATRICK HEFFERNAN 2006/05/06 2006/05/08 TARGET 00011858 $39.30 PATRICK HEFFERNAN 2006/05/06 2006/05/08 CHECKER #180200018028 $53.48 PATRICK HEFFERNAN 2006/04/28 2006/05/01 MIDWEST FENCE $168.57 ROLAND HELEY 2006/05/04 2006/05/05 LTG POWER EQUIPMENT $20.11 GARY HINNENKAMP 2006/05/08 2006/05/10 AMERICAN RED CROS01 OF 01 $75.00 RON HORWATH 2006/05/01 2006/05/03 DE LAGS LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 2006/05/09 2006/05/10 ADAMS PEST CONTROL $69.23 ANN E HUTCHINSON 2006/05/10 2006/05/11 G & K SERVICES 006 $196.16 ANN E HUTCHINSON 2006/05/01 2006/05/03 IMAGE TECH SERVICES $215.14 SCOTT JACOBSON 2006/05/10 2006/05/12 IMAGE TECH SERVICES $154.41 SCOTT JACOBSON 2006/04/19 2006/05/04 DALCO ENTERPRISES, INC $159.75 DAVID JAHN 2006/05/01 2006/05/04 DALCO ENTERPRISES, INC $742.05 DAVID JAHN 2006/05/10 2006/05/11 REGAL AUTO WASH XX -M $33.00 JON JAROSCH 2006/05/02 2006/05/04 THE HOME DEPOT 2801 $9.30 DON JONES 2006/05/04 2006/05/05 USPS 2663650015 $5.30 TOM KALKA 2006/05/02 2006/05/03 TUNE BELT $39.90 MARY B KOEHNEN 2006/05/05 2006/05/08 OFFICE MAX 00002204 $8.18 MARY B KOEHNEN 2006/04/29 2006/05/01 MCDONALD'S F3117 $140.57 DUWAYNE KONEWKO 2006/05/01 2006/05/02 VERIZON WRLS 12KW $69.77 DUWAYNE KONEWKO VISA Transactions 4 -29 -06 to 5 -12 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006/04/28 2006/05/01 UNIFORMS UNLIMITED INC $192.25 DAVID KVAM 2006/04/30 2006/05/02 HAGGAR CLOTHING CO #98 $115.99 DAVID KVAM 2006/05/03 2006/05/05 HOLIDAY STATIONSTORE $7.48 DAVID KVAM 2006/05/11 2006/05/11 SPRINTPCS AUTOPYMT RC1 $54.19 ERIN M LABEREE 2006/05/03 2006/05/04 VERIZON WRLS 12KW $45.38 SHERYL L LE 2006/04/27 2006/05/02 DALCO ENTERPRISES, INC $121.64 MICHAEL LIDBERG 2006/04/29 2006 /05/01 RAINBOW FOODS 00088591 $25.80 MICHAEL LIDBERG 2006/05/01 2006/05/02 MENARDS 3022 $38.25 DENNIS LINDORFF 2006/05/03 2006/05/04 NORTHERN TOOL EQUIP -MN $35.13 DENNIS LINDORFF 2006/05/03 2006/05/04 LTG POWER EQUIPMENT $679.48 DENNIS LINDORFF 2006/05/03 2006/05/04 LTG POWER EQUIPMENT $415.34 DENNIS LINDORFF 2006/04/29 2006/05/01 AIRGAS NORTH CENTRAL INT $930.06 STEVE LUKIN 2006/05/03 2006/05/05 CUB FOODS, INC. $27.66 STEVE LUKIN 2006/05/07 2006/05/08 WMS"WASTE MGMT WMEZPAY $271.76 STEVE LUKIN 2006/05/09 2006/05/10 USPS 2663650015 $4.64 STEVE LUKIN 2006/05/09 2006/05/10 AIRGAS NORTH CENTRAL INT $138.25 STEVE LUKIN 2006/05/10 2006/05/11 EMERGENCY APPARATUS MAINT $217.37 STEVE LUKIN 2006/05/11 2006/05/12 MIKES LP GAS INC $14.49 STEVE LUKIN 2006/04/28 2006/05/01 HUGOS TREE CARE $1,863.75 MARK MARUSKA 2006/04/28 2006/05/01 HUGOS TREE CARE $964.89 MARK MARUSKA 2006/05/01 2006/05/02 TURF WORKS FEI EAST $14.90 MARK MARUSKA 2006/05/01 2006/05/03 ON SITE SANITATION INC $117.15 MARK MARUSKA 2006/05/01 2006/05/03 HENRIKSEN ACE HARDWARE $205.15 MARK MARUSKA 2006/05/03 2006/05/04 HUNT ELECTRIC CORPORATION $1,736.75 MARK MARUSKA 2006/05/05 2006/05/08 LTG POWER EQUIPMENT $94.26 MARK MARUSKA 2006/05/09 2006/05/10 MAUTZ #3525 $24.17 MARK MARUSKA 2006/05/09 2006/05/10 NORTHERN TOOL EQUIP -MN $165.06 MARK MARUSKA 2006/05/09 2006/05/10 HUNT ELECTRIC CORPORATION $223.75 MARK MARUSKA 2006/05/09 2006/05/11 HIRSHFIELD'S MAPLEWOOD $61.10 MARK MARUSKA 2006/05/10 2006/05/11 G & K SERVICES 006 $385.42 MARK MARUSKA 2006/05/11 2006/05/12 LTG POWER EQUIPMENT $172.24 MARK MARUSKA 2006/04/28 2006/05/01 DAYS INN AIRPORT INDIANAP $366.91 JON A MELANDER 2006/04/28 2006/05/01 HMSHOST -IND -AIR #0304 $7.87 JON A MELANDER 2006/05/04 2006/05/08 MOGREN LANDSCAPING SUPPLY $79.88 GERALD MEYER 2006/05/04 2006/05/08 MOGREN LANDSCAPING SUPPLY $79.88 GERALD MEYER 2006/05/04 2006/05/08 MOGREN LANDSCAPING SUPPLY $135.26 GERALD MEYER 2006/05/10 2006/05/12 BROCK WHITE -180 $323.57 GERALD MEYER 2006/05/03 2006/05/04 METROCALL ARCH WIRE $39.37 ED NADEAU 2006/04/27 2006/05/01 DAVIS LOCK & SAFE $35.15 BRYAN NAGEL 2006/04/28 2006/05/01 CINTAS FIRST AID #431 $68.37 BRYAN NAGEL 2006/05/09 2006/05/10 S & T OFFICE PRODUCTS $143.39 AMY NIVEN 2006/05/10 2006/05/11 G & K SERVICES 006 $289.68 AMY NIVEN 2006/05/10 2006/05/11 G & K SERVICES 006 $170.40 AMY NIVEN 2006/05/10 2006/05/11 G & K SERVICES 006 $69.64 AMY NIVEN 2006/05/10 2006/05/11 S & T OFFICE PRODUCTS $29.39 AMY NIVEN 2006/05/02 2006/05/04 BROCK WHITE -180 $527.52 ERICK OSWALD 2006/05/05 2006/05/08 TWIN CITY SEED COMPANY $402.04 ERICK OSWALD 2006/05/05 2006/05/08 OAKDALE RENTAL CENTER $169.34 ERICK OSWALD 2006/05/01 2006/05/03 CENTURY COMMUNITY TECHNIC $59.00 ROBERT PETERSON 2006/03/24 2006/05/11 T- MOBILE {$104.00} PHILIP F POWELL 2006/04/28 2006/05/01 OFFICE MAX 00007013 $27.51 PHILIP F POWELL 2006/04/28 2006/05/01 OFFICE MAX 00007013 $34.07 PHILIP F POWELL 2006/04/28 2006/05/01 CC MILITARY SURPLUS LL $63.90 PHILIP F POWELL 2006/05/01 2006/05/03 BATTERIES PLUS $23.41 PHILIP F POWELL 2006/05/02 2006/05/03 SIRCHIE FINGER PRINT LABO $107.17 PHILIP F POWELL VISA Transactions 4 -29 -06 to 5 -12 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006/05/02 2006/05/04 WOLF CAMERA #1530 $6.81 PHILIP F POWELL 2006/05/02 2006/05/04 TIZIANI GOLF CAR $219.18 PHILIP F POWELL 2006/05/02 2006/05/04 HENRIKSEN ACE HARDWARE $13.80 PHILIP F POWELL 2006/05/02 2006/05/04 OFFICE MAX 00002204 $247.01 PHILIP F POWELL 2006/05/04 2006/05/08 HENRIKSEN ACE HARDWARE $37.25 PHILIP F POWELL 2006/05/05 2006/05/08 HENRIKSEN ACE HARDWARE $31.35 PHILIP F POWELL 2006/05/08 2006/05/09 LIBERTY FLAG COMPANY $126.35 PHILIP F POWELL 2006/05/09 2006/05/10 LIBERTY FLAG COMPANY $59.75 PHILIP F POWELL 2006/05/09 2006/05/10 LABSAFE* $108.24 PHILIP F POWELL 2006/05/09 2006/05/10 TSI $133.13 PHILIP F POWELL 2006/04/29 2006/05/01 BOUND TREE MEDICAL LLC $1,710.00 ROBERT PRECHTEL 2006/05/02 2006/05/03 PHILIPS MEDICAL SYSTEMS $66.96 ROBERT PRECHTEL 2006/05/01 2006/05/02 GE CAPITAL $331.22 WILLIAM J PRIEFER 2006/05/03 2006/05/04 SPRINT *WIRELESS SVCS $323.32 WILLIAM J PRIEFER 2006/04/27 2006/05/01 ARROW TERMINAL LLC $123.68 STEVEN PRIEM 2006/05/01 2006/05/02 TRUCK UTILITIES INC $68.16 STEVEN PRIEM 2006/05/01 2006/05/02 PAM OIL INC $68.31 STEVEN PRIEM 2006/05/01 2006/05/03 KREMER SPRING ALIGNMENT & $134.48 STEVEN PRIEM 2006/05/01 2006/05/03 CC SHARROW CO INC $967.49 STEVEN PRIEM 2006/05/02 2006/05/03 FACTORY MOTOR PARTS #19 $21.18 STEVEN PRIEM 2006/05/02 2006/05/04 GOODYEAR AUTO SRV CT 6920 {$121.32} STEVEN PRIEM 2006/05/02 2006 /05/04 RAPID WIRELESS BURNSVILLE $542.09 STEVEN PRIEM 2006/05/02 2006/05/04 GOODYEAR AUTO SRV CT 6920 $161.76 STEVEN PRIEM 2006/05/03 2006 /05/04 KATH AUTO PARTS $78.41 STEVEN PRIEM 2006/05/04 2006 /05/05 KATH AUTO PARTS NSP $53.87 STEVEN PRIEM 2006/05/04 2006 /05/08 RAPID WIRELESS BURNSVILLE $47.93 STEVEN PRIEM 2006/05/05 2006/05/08 TRUCK UTILITIES INC $9.27 STEVEN PRIEM 2006/05/05 2006/05/08 EAT INC $67.10 STEVEN PRIEM 2006/05/05 2006 /05/08 KATH AUTO PARTS NSP $85.90 STEVEN PRIEM 2006/05/05 2006 /05/08 KATH AUTO PARTS NSP $15.62 STEVEN PRIEM 2006/05/05 2006/05/08 NORTHERN TOOL EQUIPMNT $12.76 STEVEN PRIEM 2006/05/08 2006/05/12 MERIT CHEVROLET CO. $43.42 STEVEN PRIEM 2006/05/09 2006 /05/10 KATH AUTO PARTS NSP $11.00 STEVEN PRIEM 2006/05/10 2006/05/11 KATH AUTO PARTS NSP $19.81 STEVEN PRIEM 2006/05/10 2006/05/11 MACQUEEN EQUIPMENT INC $122.44 STEVEN PRIEM 2006/05/10 2006/05/12 TOUSLEY FORD 127200039 $109.95 STEVEN PRIEM 2006/05/10 2006/05/12 BOYER FORD TRUCKS INC $167.19 STEVEN PRIEM 2006/05/11 2006/05/12 PAM OIL INC ($132.51) STEVEN PRIEM 2006/04/28 2006/05/01 FRATTALLONE'S ACE HDWE $8.50 KEVIN RABBETT 2006/05/04 2006/05/05 MN OCCUPATIONAL HEALTH $240.00 TERRIE RAMEAUX 2006/05/05 2006/05/08 HILLYARD INC MINNEAPOLIS $1,026.66 MICHAEL REILLY 2006/05/05 2006/05/08 HILLYARD INC MINNEAPOLIS $47.83 MICHAEL REILLY 2006/05/11 2006/05/12 MENARDS 3059 $70.95 MICHAEL REILLY 2006/04/27 2006/05/01 SUPERAMERICA 4089 Q64 $28.84 AUDRA ROBBINS 2006/05/04 2006/05/08 CUB FOODS, INC. $77.58 AUDRA ROBBINS 2006/05/11 2006/05/12 S *S S ARTS CRAFT $160.80 AUDRA ROBBINS 2006/04/27 2006/05/01 MOGREN LANDSCAPING SUPPLY $631.01 ROBERT RUNNING 2006/04/27 2006/05/01 MOGREN LANDSCAPING SUPPLY $113.13 ROBERT RUNNING 2006/05/02 2006/05/04 RED WING SHOE STORE $130.90 ROBERT RUNNING 2006/05/09 2006/05/10 HEJNY RENTAL $277.18 ROBERT RUNNING 2006/05/02 2006/05/03 STAPLES SCC #467 $184.07 DEB SCHMIDT 2006/04/29 2006/05/01 FACTORY CARD OUTLET #284 $10.63 RUSSELL L SCHMIDT 2006/05/01 2006/05/02 ASCAP LICENSE FEE $283.50 RUSSELL L SCHMIDT 2006/05/05 2006/05/08 USPS 2663650015 $15.60 RUSSELL L SCHMIDT 2006/05/08 2006/05/10 ARAMARK REF SVS #6013- $473.27 RUSSELL L SCHMIDT VISA Transactions 4 -29 -06 to 5 -12 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006/05/01 2006/05/02 T- MOBILE $46.42 SCOTT SCHULTZ 2006/04/28 2006/05/02 ARMOR HOLDINGS FO01 OF 01 $136.00 MICHAEL SHORTREED 2006/05/10 2006/05/12 UNIFORMS UNLIMITED INC $85.95 MICHAEL SHORTREED 2006/05/10 2006/05/12 CUB FOODS, INC. $36.00 MICHAEL SHORTREED 2006/05/02 2006/05/03 S & T OFFICE PRODUCTS $171.21 ANDREA SINDT 2006/05/04 2006/05/05 S & T OFFICE PRODUCTS $11.51 ANDREA SINDT 2006/05/05 2006/05/08 S & T OFFICE PRODUCTS {$8.52} ANDREA SINDT 2006/05/05 2006/05/08 SPRINT *WIRELESS SVCS $458.45 ANDREA SINDT 2006/05/05 2006/05/08 T- MOBILE $118.12 ANDREA SINDT 2006/05/05 2006/05/08 ST PAUL STAMP WORKS INC $60.94 ANDREA SINDT 2006/05/10 2006/05/11 S & T OFFICE PRODUCTS $154.29 ANDREA SINDT 2006/05/04 2006 /05/08 RAINBOW FOODS 00088617 $157.74 PAULINE STAPLES 2006/05/02 2006/05/03 S & T OFFICE PRODUCTS $48.82 JOANNE M SVENDSEN 2006/05/04 2006/05/08 METRO SALES INC $898.00 JOANNE M SVENDSEN 2006/05/01 2006/05/02 ANCOM TECHNICAL CENTER IN $297.59 RUSTIN SVENDSEN 2006/05/01 2006/05/03 ASPEN MILLS 8005717343 $399.75 RUSTIN SVENDSEN 2006/05/01 2006/05/03 ASPEN MILLS 8005717343 $130.00 RUSTIN SVENDSEN 2006/05/02 2006/05/03 METRO FIRE $625.00 RUSTIN SVENDSEN 2006/05/03 2006/05/05 JEFFERSON FIRE & SAFETY 1 $1,603.20 RUSTIN SVENDSEN 2006/05/09 2006/05/10 METRO FIRE $383.97 RUSTIN SVENDSEN 2006/05/09 2006/05/11 FIRE PROTECTION PUBL -OSU $689.00 RUSTIN SVENDSEN 2006/05/10 2006/05/12 OFFICE MAX 00002204 $97.62 RUSTIN SVENDSEN 2006/05/01 2006/05/03 EXCELLCOM $63.89 LYLE SWANSON 2006/05/03 2006/05/05 HIRSHFIELD'S MAPLEWOOD $36.50 LYLE SWANSON 2006/05/03 2006/05/05 HENRIKSEN ACE HARDWARE $166.63 LYLE SWANSON 2006/05/08 2006/05/10 SEARS ROEBUCK 1122 $8.51 LYLE SWANSON 2006/04/28 2006/05/01 SUPERAMERICA 4089 Q64 $5.16 DOUGLAS J TAUBMAN 2006/05/01 2006/05/02 T- MOBILE $107.60 DOUGLAS J TAUBMAN 2006/05/02 2006/05/03 FSH COMMUNICATION01 OF 01 $58.58 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $375.28 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $398.34 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 2006/05/06 2006/05/08 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 2006/04/27 2006/05/01 BEST WESTERN HOTELS $168.00 DAVID J THOMALLA 2006/04/29 2006/05/01 OFFICE MAX 00002204 $10.64 DAVID J THOMALLA 2006/05/07 2006/05/09 OFFICE MAX 00002204 $9.25 JOSEPH WATERS 2006/05/10 2006/05/11 SILHOUETTE IMAGING INC $73.49 JUDY WEGWERTH 2006/04/27 2006/05/01 CUB FOODS, INC. $20.76 SUSAN ZWIEG 2006/05/01 2006/05/03 CUB FOODS, INC. $3.39 SUSAN ZWIEG 2006/05/02 2006/05/03 JIMMY JOHN'S 574 Q61 $138.00 SUSAN ZWIEG 2006/05/02 2006/05/03 JIMMY JOHN'S 574 Q61 $2.00 SUSAN ZWIEG 2006/05/05 2006/05/08 AE SIGN SYSTEMS $8.52 SUSAN ZWIEG 2006/05/10 2006/05/12 MINUTEMAN PRESS $80.61 SUSAN ZWIEG 2006/05/11 2006/05/12 ABC VACCUUM WARERE $340.99 SUSAN ZWIEG $54,445.40 Check Register City of Maplewood Check Date Vendor Description Amount 70003 0512412006 00207 BOYER TRUCKS INC 2007 STERLING L -8500 DUMP TRUCK 54,234.00 70004 0513012006 00116 APPEARANCE PLUS CAR WASH CAR WASHES - MAR 98.51 70005 05/3012006 01993 MERVIN BERGER REIMB FOR MILEAGE 2128 7.12 70006 05130/2006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 189.00 0513012006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 189.00 05/30/2006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 126.00 70007 05/3012006 00202 JOHN KOHL REIMB FOR SHOES 5115 79.99 70008 05130/2006 02585 CENTRAL INTERNAL MEDICINE FITNESS PROGRAM STRESS TEST 150.00 70009 0513012006 02974 THE CORBAN GROUP INC RMS CONSULTING FEE 252.00 70010 05130/2006 03645 CUMMINS N POWER LLC FINAL PYMT GENERATOR 145.17 70011 05/3012006 00358 DGM INC. TOW FORFEITURE VEHICLE 154.43 05130/2006 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 0513012006 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 05/30/2006 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 05/3012006 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 05130/2006 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 0513012006 00358 DGM INC. TOW MOCK CAR CRASH VEHICLE 106.50 05130/2006 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 05/3012006 00358 DGM INC. TOW DRILL CAR 53.25 05130/2006 00358 DGM INC. TOW DRILL CAR 53.25 0513012006 00358 DGM INC. TOW DRILL CAR 53.25 05/30/2006 00358 DGM INC. TOW DRILL CAR 53.25 05/3012006 00358 DGM INC. TOW DRILL CAR 53.25 05130/2006 00358 DGM INC. TOW DRILL CAR 53.25 0513012006 00358 DGM INC. TOW DRILL CAR 53.25 05130/2006 00358 DGM INC. TOW DRILL CAR 53.25 05/3012006 00358 DGM INC. TOW DRILL CAR 53.25 05130/2006 00358 DGM INC. TOW DRILL CAR 53.25 0513012006 00358 DGM INC. TOW FORFEITURE VEHICLE 53.25 70012 05/30/2006 03544 KATHLEEN DITTEL REIMB FOR MILEAGE & CELL PHONE 11.67 70013 05/3012006 03504 FRED DUCHARME REIMB FOR CELL PHONE - 2128 5.00 70014 05130/2006 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - APR 108.00 70015 0513012006 03492 ELIZABETH ERICKSON REIMB FOR CELL PHONE & MILEAGE 12.12 70016 05130/2006 00003 ESCROW REFUND REF PETER KUBESH - ESCR PW05- 500.00 70017 05/3012006 03505 MARY FISCHER REIMB FOR CELL & MILEAGE 2128 8.11 70018 05130/2006 00526 FOREST LAKE CONTRACTING INC PROJ 05 -16 KENWOOD AREA PYMT #1 94,334.05 70019 0513012006 01900 ANNE FOSBURGH REIMB FOR MILEAGE 2127 & 28 4.45 70020 05/30/2006 03675 GORDON ROBINSON & ASSOC INC MARKETING SERVICES - MAY 3,200.00 70021 05/3012006 03262 HENNEPIN CHIEF'S ASSN INTERVIEW & INTERROGATON 4120 125.00 70022 05130/2006 03597 MARY JO HOFMEISTER REIMB FOR MILEAGE 4127 - 5116 13.57 70023 0513012006 00483 IDEACOM MID- AMERICA REPAIRED PHONE 151.36 70024 05130/2006 03168 IMPERIAL DEVELOPERS INC PROJ 04 -04 VENBURG /GULDEN PYMT #4 9,873.20 70025 05/3012006 00721 INDEPENDENT SPORTS NETWORK SOFTBALL UMPIRING SRVS 4124 - 5118 3,919.12 70026 05130/2006 03543 JUDITH JOHANNESSEN REIMB FOR CELL PHONE 2128 5.00 70027 05/3012006 00782 KPMG LLP FINAL BILLING FOR 2005 AUDIT 5,000.00 70028 05/30/2006 03494 ANITA LARSON REIMB FOR CELL PHONE USE 2128 5.00 70029 05/3012006 03673 RICHARD M LOFGREN REIMB FOR MILEAGE 2128 7.12 70030 05/30/2006 03667 SHARI LOWE - ADAMS REIMB FOR MILEAGE 2128 2.23 70031 05/30/2006 03495 SHIRLEY LUTTRELL REIMB FOR MILEAGE 2/28 5.34 70032 05130/2006 01081 M C P A MN CHIEFS CONFERENCE 560.00 70033 05/30/2006 03497 JOHN MANTHEY REIMB FOR CELL PHONE USE 2/27 & 28 6.67 70034 05130/2006 03332 GLEN MC CARTY REIMB FOR NREMT TEST 3/14 - 4/17 275.00 70035 05/30/2006 01819 MCLEOD USA LOCAL PHONE SERVICE 4/16 - 5/15 2,108.74 70036 05/30/2006 01032 MN BOARD OF AELSLAGID ENGINEER LICENSE 120.00 70037 05/30/2006 01126 MN NCPERS LIFE INSURANCE PERA LIFE INSURANCE 380.00 70038 05/30/2006 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK - APR 392.00 70039 05/30/2006 02105 MN TRANSPORTATION ALLIANCE 2006 ANNUAL MAINTENANCE 660.00 70040 05130/2006 03671 CAROL MUHRE REIMB FOR MILEAGE & CELL PHONE 5.89 im Check Date i1 i! 70053 70054 70055 70056 70057 ii its ii. its N ii ii ii ii ii i 1 its i 1 its i 1 its i 1 its i ! its i 1 its i ! its i ! its i 1 its i ! its Vendor 01162 03674 01202 02300 01213 00001 00001 00001 00001 01222 01254 01254 01289 01289 01345 01337 01359 01340 01360 01360 01360 01360 01387 03215 03668 01903 00198 01504 01504 01504 01504 03627 01574 03670 03598 03598 01704 03490 01734 01750 01828 02410 01190 03669 NEW MECH COMPANIES INC JAMES NIEMAN NYSTROM PUBLISHING CO INC OAKDALE LOCKSMITHS JULIE OLSON ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ANDREA OSTER PEPSI -COLA COMPANY PEPSI -COLA COMPANY PRAIRIE RESTORATIONS INC PRAIRIE RESTORATIONS INC RAMSEY COUNTY RAMSEY COUNTY -PROP REC & REV REGAL AUTO WASH DETAIL XX REGIONS HOSPITAL REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE REINHART FOODSERVICE DR. JAMES ROSSINI SHAFER CONTRACTING CO INC TERESA SHORES EDNA SPANGLER ST PAUL REGIONAL WATER SRVS CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL PAUL H SWETT T.A. SCHIFSKY & SONS, INC LORRAINE TAYLOR PAUL THEISEN PAUL THEISEN HOLLY URBANSKI BEULAH VAN BLARICOM WILLIAM P. WALSH THE WATSON CO INC KRIS A WEAVER WELLS FARGO LEASING INC XCELENERGY KAREN ZACHO 73 Checks in this report. Check Register City of Maplewood Description 2006 BACKFLOW PREVENTER TESTING REIMB FOR CELL PHONE USE 2128 CITY NEWSLETTER - MAY REPAIR LOCK REIMB FOR MEALS 4127 REF G TONSKEMPER - AMB 05007893 REF GEORGE GAREIS - AMB 06003550 REF JILL POESCHL - FERN ORDER REF CECILE COZAD - NC PROGRAM REIMB FOR MILEAGE & PARKING 4125 MERCH FOR RESALE MERCH FOR RESALE JIMS PRAIRIE- SPRING BURN TROUT BOOK PRESERVE - SPRING NOTARY COMMISSION BRUSH BUNDLES CAR WASHES - APR PHARMACY SUPPLIES MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE FITNESS PROGRAM - MAY PROJ 02 -07 CTY RD DIHAZELWOOD REIMB FOR MILEAGE 2128 REIMB FOR MILEAGE 2128 WATER UTILITY RECORD MGMT SOFTWARE FEE - MAY MEDICAL SUPPLIES CRIME LAB SERVICES - APR RADIO SRV & MAINT - APR REIMB FOR TUITION VARIOUS BITUMINOUS MATERIALS REIMB FOR CELL PHONE USE - 2128 REIMB FOR TUITION REIMB FOR TUITION REIMB FOR CELL PHONE USE 2128 REEMB FOR MILEAGE 2128 COMMERCIAL PLUMBING INSP MERCH FOR RESALE REIMB FOR PARKING & MILEAGE 4112 RICOH COPIER LEASE 519 - 619 ELECTRIC UTILITY REIMB FOR MILEAGE 2128 Amount 607.00 5.00 3,344.00 96.00 1 8.75 235.00 12.58 7.00 5.00 15.51 544.15 418.85 825.38 585.75 100.00 159.75 81.84 462.66 252.07 224.18 153.25 87.53 100.00 214,384.13 2.23 2.23 1,086.32 3,798.00 1,886.92 170.00 85.50 425.10 2,182.97 5.00 591.00 591.00 5.00 2.23 344.00 190.29 10.12 1,467.57 11,518.50 3.56 'tG:J QUO. / 1 11 CITY OFMAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05/18/06 05/19/06 MN State Treasurer DriversU Registrar 13.543.79 05/18100 05/19/06 |CK4A(/entogepointe) Deferred Compensation 8.893.83 05/08/06 05/19/06 yWN Dept ofRevenue Sales Tax 7.357.00 05/18108 05/19/06 MN Dept ofNatural Resources DNR electronic licenses 1.531.50 05/19/06 05/22/06 MN State Treasurer DriversLicenoe/Oepuh/ Registrar 10.741.36 05/18100 05/22/06 U.S. Treasurer Federal Payroll Tax 85.184.50 05/19/06 05/22/06 P.E.R.A. P.E.R.A. 62.730.85 05/19108 05/22/06 Orchard Trust Deferred Compensation 20.083.62 05/08V06 05/22/06 PNN Dept ofRevenue Fuel Tax 236.00 05/22100 05/23/06 MN State Treasurer Drivers License/Deputy Registrar 14.385.75 05/19/06 05/23/06 MN State Treasurer State Payroll Tax 18.300.74 05/19108 05/23/06 K4idAmehna- |NG HRA Flex plan 3.171.17 05/19/06 05/23/06 Labor Unions Union Dues 3.307.34 05/23100 05/24/06 MN State Treasurer Drivers License/Deputy Registrar 18.274.58 TOTAL 12 Check Date 70076 70077 70078 70079 70080 70081 70082 70083 70084 70085 70086 70087 70088 70089 70090 70091 70092 70093 70094 70095 70096 70097 70098 70099 70100 70101 70102 70103 70104 70105 70106 70107 70108 70109 70110 70111 70112 70113 70114 70115 70116 70116 !s i• !!s !s !• ii is i• !!s !s !• ii !s i• !!s !s !• ii is i• !!s !s !• ii !s i• !!s !s !• ii is i• !!s !s !• ii !s i• !!s !s !• ii is i• !!s !s !• ii !s i• !!s !s !• ii is i• !!s !s !• ii !s i• !!s !s !• ii is i• !!s !s !• ii !s i• !!s !s !• ii is i• !!s !s !• ii am 03586 !! !! 02914 01865 !! !! !! 0 !! !! 00230 02929 03676 00384 00485 04 03680 066 !! 03021 03607 02607 02607 0 09 09 02823 02872 09 01018 01085 00 000 000 01863 Check Register City of Maplewood SECRETARY OF STATE MUSIC MAGIC ANIMAL CONTROL SERVICES INC STAN BELDE BLUECROSS BLUESHIELD OF MN DON BOWMAN BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRAUN INTERTEC CORP. BRIGGS & MORGAN, P.A. BRYAN ROCK PRODUCTS, INC. CNAGLAC COMMUNITY EDUCATION DE LAGE LANDEN FINANCIAL SRVS FBINAA NORTHWEST CHAPTER FBINAA NORTHWEST CHAPTER HANCE UTILITY SERVICES INC LORI HANSEN PERRY HANSON HERNANDO COUNTY STEVEN HIEBERT PATRICK JAMES HUBBARD INDEPENDENT SCHOOL DIST #622 JENNIFER KIMLINGER ROB KIMLINGER KINNICKINNIC NATIVES LLC KINNICKINNIC NATIVES LLC LEAGUE OF MINNESOTA CITIES MAC QUEEN EQUIPMENT INC MARSDEN BLDG MAINTENANCE CO JERROLD MARTIN METLIFE SBC METROPOLITAN COUNCIL MINNEAPOLIS FINANCE DEPT MN LIFE INSURANCE NOELLE OLSON ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ROGER PACKER RAMSEY COUNTY RAMSEY COUNTY SAINTS NORTH ENTERTAINMENT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT Description REQUEST ARTICLES OF EDGERTON GYM DANCE 612 PATROL & BOARDING FEE 518 - 5121 K -9 MAINTENANCE - JUN MONTHLY PREMIUM VOLLEYBALL REFEREE SCHEDULER PROJ 02 -07 PROF SRVS THRU 5119 PROJ 05 -16 PROF SRVS THRU 5/19 PROJ 05 -17 PROF SRVS THRU 5/19 PROJ 03 -07 PROF SRVS THRU 5/19 PROJ 02 -08 PROF SVS THRU 5119 BOND ISSUE FEES 3/4 MINUS & CL3 RIP RAP LONG TERM CARE INSURANCE POOL RENTAL RICOH COPIER MAINT - JUN CONFERENCE REGISTRATION TRAINING REGISTRATION PRIVATE UITILITY LOCATE REIMS FOR PARKING & MILEAGE 5/25 VOLLEYBALL REFEREE DOCUMENT SEARCH FEE K -9 MAINTENANCE - JUN VOLLEYBALL REFEREE GYM USAGE 4/25 VOLLYYBALL REFEREE VOLLEYBALL REFEREE PROJ 04 -15 PLANTS NATIVE PLANTS DIRECTORY OF MN CITY OFFICIALS #616 VACTOR SILENCER CLEAN SEWER BACKUP REIMB FOR MEAL 5125 MONTHLY DENTAL PREMIUM WASTEWATER - JUN AUTOMATED PAWN SYSTEM FEE - APR MONTHLY PREMIUM BABYSITTING CLASS INSTRUCTOR REF EGAN CO - MECH PRMT 06 -08737 REF CHARLENE WALKER - AMB REF KERRI MAHER - REC PROGRAM VOLLEYBALL REFEREE PROJ 04 -15 TREES /SHRUBS TRANSCRIPT P &R PROG- SAINTS NORTH ROLLER FIRE STATION SUPPLIES WATER MEMBERSHIP RENEWALS DANCE & GYM SUPPLIES MERCH FOR RESALE BIRTHDAY PROGRAM CAKES & MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE ANNUAL ADMIN FEE MERCH FOR RESALE BIRTHDAY CAKE & SUPPLIES Amount 9.00 325.00 1,394.78 35.00 140,046.50 186.00 2,376.25 2,122.25 1,609.75 382.84 158.00 11,120.00 2,295.40 789.28 65.00 161.88 175.00 175.00 155.00 12.13 396.00 36.00 35.00 528.00 18.00 88.00 88.00 305.50 226.00 329A0 2,238.84 1,022.40 7.27 9,020.04 199,212.84 560.00 4,186.10 98.00 1,213.77 50.00 45.00 44.00 826.44 28.00 135.00 315.25 292.80 290.00 237.58 173.39 120.56 114.02 104.56 81 A8 56.38 50.00 22.96 20.37 13 Check Date 70117 70118 70119 70120 70121 70122 70123 70124 70125 70126 70127 !! !! !!! Vendor 01418 03679 01524 01915 01550 03627 01574 00529 00529 03334 03334 01734 01190 01798 SAM'S CLUB DIRECT SHERBURNE CTY SHERIFF'S OFFICE STATE OF MINNESOTA CPV PROGRAM NANCY STEFFEN SUMMIT INSPECTIONS PAUL H SWETT T.A. SCHIFSKY & SONS, INC UNION SECURITY INSURANCE CO UNION SECURITY INSURANCE CO UNIQUE PAVING MATERIALS CORP UNIQUE PAVING MATERIALS CORP WILLIAM P. WALSH XCELENERGY YOCUM OIL CO. 52 Checks in this report. Check Register City of Maplewood Description BIRTHDAY PARTY CAKE DISPATCHER TRAINING COOPERATIVE PURCHASE VENTURE VOLLEYBALL REFEREE ELECTRICAL INSPECTIONS REIMB FOR TUITION & BOOKS 1110 - 519 VARIOUS BITUMINOUS MATERIALS MONTHLY LTD PREMIUM STD PLAN 4043120 -0 -1 JUNE WINTER PATCHING MATERIAL WINTER PATCHING MATERIALS COMMERCIAL PLUMBING INSP GAS UTILITY BLUE PLANET 89 OCTANCE GAS Amount 18.87 135.00 500.00 220.00 6,146.00 739.66 2,193.04 3,149.21 1,794.40 780.43 426.85 7,722.76 6,150.70 16,228.32 '+0z -+ I O.GJ 14 CITY OF MApLBNDDD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 05/24/08 05/22/OG U5/25/00 05/1A/O6 O5/25/O6 05/20/OS 05/20/OS 05/30/08 O5/2G/08 U5/31/00 00/O1/OG O5/31/O6 05/25/06 05/25/06 U5/2G0S O5/26/0S O5/20/0S 05/3O/O0 05/3O/O0 O5/31/0G O5/31/0G UG/U10S UG/01/OS U8/O1/0S MN State Treasurer ARC Administration MN State Treasurer VV| Dept nfRevenue MN Dept ofNatural Resources MN State Treasurer Pitney Bowes K4N State Treasurer UG Bank VISA One Card* MN State Treasurer US Bank US Bank Description Drivers License/Deputy Registrar DCRP& Flex plan payments Drivers License/Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License/Deputy Registrar Postage Drivers License/DeputyRegietrar Purchasing card items Drivers Lionnne/DeputyRegiotnar Debt Service payment Credit Card fees *Detailed listing of VISA purchases iaattached. Amount 14.057.75 2,209.54 17,918.43 1,920.49 2,065.00 15 2,985.00 19,018.43 60,794.00 18,034.50 14,963.75 1.224.14 l/U4ll.2U im Visa Transactions 5 -13 -06 to 5 -26 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006105112 2006/05116 GRAND VIEW LODGE & TENNIS $208.00 R CHARLES AHL 2006105/24 2006/05/26 SPRINT PCS- 996 -SP IVR $30.00 BRUCE K ANDERSON 2006105117 2006/05/18 BROWNELLS INC $308.50 SCOTT ANDREWS 2006/05119 2006/05/22 ELITE TACTICAL SOURCES $99.75 SCOTT ANDREWS 2006/05/24 2006/05126 STREICHERS INC $117.10 SCOTT ANDREWS 2006/05/12 2006/05/15 S *S S ARTS CRAFT $248.32 MANDY ANZALDI 2006/05/19 2006/05/22 FACTORY CARD OUTLET #284 $7.43 MANDY ANZALDI 2006/05/19 2006/05/22 LINDERS GREENHOUSE INC $33.99 MANDY ANZALDI 2006/05/20 2006/05122 FACTORY CARD OUTLET #284 $56.00 MANDY ANZALDI 2006/05/20 2006/05/22 FACTORY CARD OUTLET #284 $2.65 MANDY ANZALDI 2006/05/11 2006/05/15 STREICHERS INC $799.95 JOHN BANICK 2006/05/16 2006/05/18 SHRED -IT 01 OF 01 $149.85 JOHN BANICK 2006/05/18 2006/05122 STREICHERS INC $431.33 JOHN BANICK 2006/05/19 2006/05/22 BIFFS INC ($43.89) JOHN BANICK 2006/05/22 2006/05/23 ARDEN SHOREVIEW AN HOSPT $157.32 JOHN BANICK 2006/04/18 2006/05/16 NUCO2 01 OF 01 $87.33 JIM BEHAN 2006/04/25 2006/05116 NUCO2 01 OF 01 $87.33 JIM BEHAN 2006/05/01 2006/05/16 NUCO2 01 OF 01 $56.06 JIM BEHAN 2006/05/02 2006/05/16 NUCO2 01 OF 01 $81.58 JIM BEHAN 2006/05/08 2006/05/16 NUCO2 01 OF 01 $87.33 JIM BEHAN 2006/05/11 2006/05115 HENRIKSEN ACE HARDWARE $85.90 JIM BEHAN 2006/05/12 2006/05/15 POOLSIDE $46.97 JIM BEHAN 2006/05/17 2006/05/18 ALL MAIN STREET ELECTRIC $310.50 JIM BEHAN 2006/05/17 2006/05/22 CRAMER BLDG SERVICES INC $34.36 JIM BEHAN 2006/05/18 2006/05122 PARK SUPPLY OF AMERICA IN $275.84 JIM BEHAN 2006/05/25 2006/05/26 KNOWLANS #2 $2.58 OAKLEY BIESANZ 2006/05/16 2006/05/18 NORTHERN TOOL EQUIP -MN $23.41 RON BOURQUIN 2006/05/16 2006/05/17 FEDEX KINKO'S #0617 $119.28 HEIDI CAREY 2006/05/23 2006/05124 FEDEX KINKO'S #0617 $328.02 HEIDI CAREY 2006/05/12 2006/05/15 CRAGUNS LODGE AND GOLF RE $249.13 MELINDA COLEMAN 2006/05/16 2006/05/17 PAYPAL INC $59.95 LINDA CROSSON 2006/05/18 2006/05/22 SPECTRUM PRODUCTS, LLC $103.40 LINDA CROSSON 2006/05/22 2006/05124 AMERICAN LOCKER SSI $1,118.25 LINDA CROSSON 2006/05/24 2006/05/25 GE CAPITAL $158.69 LINDA CROSSON 2006/05/19 2006/05/22 URBAN LAND INSTITUTE $50.00 ROBERTA DARST 2006/05/22 2006/05/23 S & T OFFICE PRODUCTS $13.27 ROBERTA DARST 2006/05/11 2006/05115 DALCO ENTERPRISES, INC $193.25 CHARLES DEAVER 2006/05/11 2006/05/15 DALCO ENTERPRISES, INC $90.60 CHARLES DEAVER 2006/05/11 2006/05/15 RADIO SHACK 00199133 $1.69 CHARLES DEAVER 2006/05/11 2006/05/15 SUNRAY TRUE VALUE $2.88 CHARLES DEAVER 2006/05/18 2006/05119 DIRECT SAFETY $95.18 CHARLES DEAVER 2006/05/23 2006/05/25 SUNRAY TRUE VALUE $4.59 CHARLES DEAVER 2006/05/23 2006/05/24 MENARDS 3059 $8.22 DAVE EDSON 2006/05/25 2006/05/26 HYDROLOGIC WATER MANAGEME $52.80 DAVE EDSON 2006/05/09 2006/05115 CRAMER BLDG SERVICES INC $564.70 LARRY FARR 2006/05/11 2006/05/15 THE HOME DEPOT 2801 $22.82 LARRY FARR 2006/05/11 2006/05/15 THE HOME DEPOT 2810 $225.08 LARRY FARR 2006/05/12 2006/05/15 2ND WIND EXERCISE EQUIP $129.91 LARRY FARR 2006/05/12 2006/05115 WASTE MANAGEMENT INC $355.40 LARRY FARR 2006/05/12 2006/05/15 WASTE MANAGEMENT INC $355.40 LARRY FARR 2006/05/17 2006/05/22 CRAMER BLDG SERVICES INC $1,762.90 LARRY FARR 2006/05/18 2006/05/19 NARDINI FIRE EQUIPMENT $92.66 LARRY FARR 2006/05/18 2006/05119 INTEREUM INC $362.10 LARRY FARR 2006/05/22 2006/05/24 THE HOME DEPOT 2801 $52.82 LARRY FARR Visa Transactions 5 -13 -06 to 5 -26 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006105123 2006/05124 SHERWIN WILLIAMS #3127 $109.35 LARRY FARR 2006105/23 2006/05/25 THE HOME DEPOT 2801 ($37.96) LARRY FARR 2006105123 2006/05/25 THE HOME DEPOT 2801 $78.66 LARRY FARR 2006/05124 2006/05/25 ANCHOR BLOCK COMPANY $2.11 LARRY FARR 2006105106 2006/05115 AIRPORT TAXI & TOWN TAXI $37.70 DANIEL F FAUST 2006105/14 2006/05/16 SIGMA TAXI & LIMO $43.42 DANIEL F FAUST 2006105117 2006/05/22 RUTTGERS SUGAR LAKE LODGE $95.00 DAVID FISHER 2006/05117 2006/05/22 RUTTGERS SUGAR LAKE LODGE $95.00 DAVID FISHER 2006/05/12 2006/05115 METRO SALES INC $257.00 MYCHAL FOWLDS 2006/05/12 2006/05/15 TAYLOR TECHNOLOGIES $230.59 MYCHAL FOWLDS 2006/05/13 2006/05/15 GOVDOCS.COM, INC. $3,900.00 MYCHAL FOWLDS 2006/05/15 2006/05/16 ORTIVUS INC $2,230.00 MYCHAL FOWLDS 2006/05/15 2006/05117 METRO SALES INC $687.00 MYCHAL FOWLDS 2006/05/16 2006/05/17 ADT *SECURITY SERVICES $474.20 MYCHAL FOWLDS 2006/05/18 2006/05/19 HP HOME STORE $240.68 MYCHAL FOWLDS 2006/05/25 2006/05/26 CABLING SERVICES CORPORA $2,700.00 MYCHAL FOWLDS 2006/05/25 2006/05126 CABLING SERVICES CORPORA $188.63 MYCHAL FOWLDS 2006/05/12 2006/05/15 CIRCUIT CITY SS #3137 $106.49 NICK FRANZEN 2006/05/15 2006/05/16 PROSTAR COMPUTER INC $141.00 NICK FRANZEN 2006/05/15 2006/05/16 AMZ *AMAZON PAYMENTS $860.93 NICK FRANZEN 2006/05/16 2006/05118 DIRECT PRO AUDIO LLC $259.00 NICK FRANZEN 2006/05/16 2006/05/18 PROAUDIO.COM /CROUSE KI $1,011.90 NICK FRANZEN 2006/05/16 2006/05/18 SAMEDAYMUSIC.COM $778.00 NICK FRANZEN 2006/05/17 2006/05/18 RADIOSHACK.COM $31.51 NICK FRANZEN 2006/05/17 2006/05118 SAMEDAYMUSIC.COM $960.00 NICK FRANZEN 2006/05/17 2006/05/19 SWEETWATER SOUND $999.97 NICK FRANZEN 2006/05/19 2006/05/22 SWEETWATER SOUND $2,589.58 NICK FRANZEN 2006/05/20 2006/05/22 UPS* 1ZV6400T0395011216 $15.62 NICK FRANZEN 2006/05/23 2006/05125 CIRCUIT CITY SS #3137 $35.13 NICK FRANZEN 2006/05/12 2006/05/15 PITNEY BOWES INVOICE $881.82 PATRICIA FRY 2006/05/20 2006/05/22 MENARDS 3089 $124.41 VIRGINIA GAYNOR 2006/05/21 2006/05/23 DRAGON FLY GARDENS $322.05 VIRGINIA GAYNOR 2006/05/24 2006/05125 HEJNY RENTAL $34.65 VIRGINIA GAYNOR 2006/05/17 2006/05/18 KNOWLANS #2 $25.82 CAROLE GERNES 2006/05/17 2006/05/19 CAPITAL 2 -WAY COMMUNICATI $179.20 MIKE GRAF 2006/05/25 2006/05/26 PETSMART 00004614 $23.94 MIKE GRAF 2006/05/18 2006/05122 SUPERAMERICA 4848 Q64 $8.18 JANET M GREW HAYMAN 2006/05/14 2006/05/15 VERIZON WRLS I2KW $51.71 KAREN E GUILFOILE 2006/05/14 2006/05/16 MARRIOTT 33764 ANAHEIM $5.93 KAREN E GUILFOILE 2006/05/14 2006/05/16 MARRIOTT 33764 ANAHEIM $7.54 KAREN E GUILFOILE 2006/05/15 2006/05116 BREAKPOINT BOOKS $30.39 KAREN E GUILFOILE 2006/05/15 2006/05/17 MARRIOTT 33764 ANAHEIM $9.70 KAREN E GUILFOILE 2006/05/17 2006/05/19 MARRIOTT 33764 ANAHEIM $5.93 KAREN E GUILFOILE 2006/05/19 2006/05/22 MARRIOTT 33764 ANAHEIM $719.85 KAREN E GUILFOILE 2006/05/22 2006/05123 ARVEY PAPER & OFFICE PRO $1,508.48 LORI HANSEN 2006/05/11 2006/05/15 DATABAZAAR.COM $259.27 LORI HANSOM 2006/05/15 2006/05/16 LILLIE SUBURBAN NEWSP $98.05 LORI HANSOM 2006/05/22 2006/05/23 S & T OFFICE PRODUCTS $17.36 LORI HANSOM 2006/05/24 2006/05125 TARGET 00011858 $22.33 LORI HANSOM 2006/05/24 2006/05/25 TARGET 00011858 $6.91 PATRICK HEFFERNAN 2006/05/24 2006/05/26 SEARS ROEBUCK 1122 $34.85 PATRICK HEFFERNAN 2006/05/12 2006/05/15 ICI- DULUX- PAINTS #0092 $1,260.11 GARY HINNENKAMP 2006/05/12 2006/05115 GARCEAU HARDWARE AND POWE $29.07 GARY HINNENKAMP 2006/05/15 2006/05/17 AMERICAN RED CROS01 OF 01 $187.60 RON HORWATH I Visa Transactions 5 -13 -06 to 5 -26 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006105119 2006/05122 AMERICAN RED CROS01 OF 01 $100.00 RON HORWATH 2006105/12 2006/05/15 SPRINT `WIRELESS SVCS $41.27 ANN E HUTCHINSON 2006105122 2006/05/23 SUNRAY TRUE VALUE $76.44 ANN E HUTCHINSON 2006/05123 2006/05/24 KNOWLANS #2 $28.16 ANN E HUTCHINSON 2006/05/24 2006/05125 WALGREEN 00031229 $35.11 ANN E HUTCHINSON 2006/05/24 2006/05/25 WALGREEN 00031229 $11.00 ANN E HUTCHINSON 2006/05/11 2006/05/16 DALCO ENTERPRISES, INC ($39.66) DAVID JAHN 2006/05/18 2006/05/22 HENRIKSEN ACE HARDWARE $46.81 DAVID JAHN 2006/05/12 2006/05115 UNIFORMS UNLIMITED INC $29.61 KEVIN JOHNSON 2006/05/16 2006/05/17 WINNICK SUPPLY $89.00 DON JONES 2006/05/22 2006/05/24 SEARS ROEBUCK 1122 $30.34 FLINT KAKIS 2006/05/22 2006/05/24 WORLD FOOTLOCKER #5032 $89.99 FLINT KAKIS 2006/05/12 2006/05115 RON'S VIRTUE PRINTI $229.08 LOIS KNUTSON 2006/05/18 2006/05/19 THOMAS TOOL AND SU $51.08 ERIN M LABEREE 2006/05/15 2006/05/16 NORTHERN TOOL EQUIPMNT $38.31 DENNIS LINDORFF 2006/05/15 2006/05/17 SEARS ROEBUCK 1122 $1,171.49 DENNIS LINDORFF 2006/05/22 2006/05123 GOPHER BEARING COMPANY IN $112.67 DENNIS LINDORFF 2006/05/25 2006/05/26 LTG POWER EQUIPMENT $47.31 DENNIS LINDORFF 2006/05/11 2006/05/15 CUB FOODS, INC. $68.02 STEVE LUKIN 2006/05/12 2006/05/15 SPRINT "WIRELESS SVCS $869.58 STEVE LUKIN 2006/05/15 2006/05116 VERIZON WRLS 12KW $35.00 STEVE LUKIN 2006/05/15 2006/05/17 DE LACE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 2006/05/19 2006/05/22 SPRINT STORE #N2430 $53.24 STEVE LUKIN 2006/05/20 2006/05/23 AMERICAN MESSAGING RECUR $17.72 STEVE LUKIN 2006/05/25 2006/05126 EMERGENCY APPARATUS MAINT $830.50 STEVE LUKIN 2006/05/12 2006/05/15 TURF WORKS FEI EAST $114.32 MARK MARUSKA 2006/05/15 2006/05/16 VERIZON WRLS 12KW $37.83 MARK MARUSKA 2006/05/15 2006/05/17 ON SITE SANITATION INC $447.32 MARK MARUSKA 2006/05/23 2006/05124 TURF WORKS FEI EAST $468.49 MARK MARUSKA 2006/05/23 2006/05/25 ON SITE SANITATION INC $313.00 MARK MARUSKA 2006/05/25 2006/05/26 LESCO SC 0530 $179.07 MARK MARUSKA 2006/05/15 2006/05/16 VERIZON WRLS 12KW $62.53 ED NADEAU 2006/05/17 2006/05119 OFFICE MAX 00002204 $106.49 ED NADEAU 2006/05/12 2006/05/15 SPRINT `WIRELESS SVCS $429.59 BRYAN NAGEL 2006/05/15 2006/05/17 RYCO SUPPLY COMPANY $86.71 JEAN NELSON 2006/05/15 2006/05/22 GREEN MILL $110.90 JEAN NELSON 2006/05/16 2006/05122 GREEN MILL ($21.81) JEAN NELSON 2006/05/15 2006/05/16 S & T OFFICE PRODUCTS $111.31 AMY NIVEN 2006/05/17 2006/05/18 NORTHERN WATER WORKS SUPP $504.42 ERICK OSWALD 2006/05/19 2006/05/22 ANCHOR BLOCK COMPANY $41.47 ERICK OSWALD 2006/05/25 2006/05126 S & T OFFICE PRODUCTS $66.97 MARY KAY PALANK 2006/05/23 2006/05/24 S & T OFFICE PRODUCTS $83.67 KATHLEEN PECK HALL 2006/05/19 2006/05/22 TRUCK UTILITIES INC $7.51 ROBERT PETERSON 2006/05/11 2006/05/15 PRO TEC DESIGN $385.20 PHILIP F POWELL 2006/05/11 2006/05115 PRO TEC DESIGN $165.00 PHILIP F POWELL 2006/05/12 2006/05/15 WESTERN SAFETY PRODUCT $90.41 PHILIP F POWELL 2006/05/12 2006/05/15 RADIO ACCESSORY HEADQUART $55.45 PHILIP F POWELL 2006/05/12 2006/05/15 STREICHERS INC $69.43 PHILIP F POWELL 2006/05/16 2006/05117 MEDTECH FORENSICS INC $227.00 PHILIP F POWELL 2006/05/17 2006/05/18 BATTERIES PLUS $19.94 PHILIP F POWELL 2006/05/18 2006/05/22 GRAFIX SHOPPE $204.48 PHILIP F POWELL 2006/05/19 2006/05/22 SIRCHIE FINGER PRINT LABO $125.53 PHILIP F POWELL 2006/05/22 2006/05123 RADIO ACCESSORY HEADQUART $77.69 PHILIP F POWELL 2006/05/24 2006/05/26 PROFESSIONAL INSPECTION $127.33 PHILIP F POWELL Visa Transactions 5 -13 -06 to 5 -26 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006105125 2006/05126 ALLHEART.COM $21.36 PHILIP F POWELL 2006105/18 2006/05/19 BOUND TREE MEDICAL LLC $342.00 ROBERT PRECHTEL 2006105118 2006/05/19 BOUND TREE MEDICAL LLC $207.75 ROBERT PRECHTEL 2006/05123 2006/05/24 TARGET 00011858 $189.98 ROBERT PRECHTEL 2006/05/23 2006/05124 HEJNY RENTAL $155.91 ROBERT PRECHTEL 2006/05/12 2006/05/15 MERIT CHEVROLET CO. $34.12 STEVEN PRIEM 2006/05/12 2006/05/15 TOUSLEY FORD 127200039 $106.77 STEVEN PRIEM 2006/05/15 2006/05/16 KATH AUTO PARTS NSP $14.61 STEVEN PRIEM 2006/05/15 2006/05116 KATH AUTO PARTS NSP $15.14 STEVEN PRIEM 2006/05/15 2006/05/16 KATH AUTO PARTS $615.25 STEVEN PRIEM 2006/05/16 2006/05/17 TRUCK UTILITIES INC $85.91 STEVEN PRIEM 2006/05/17 2006/05/18 BAUER BULT TRE33200023 $586.98 STEVEN PRIEM 2006/05/17 2006/05118 KATH AUTO PARTS NSP $149.58 STEVEN PRIEM 2006/05/18 2006/05/19 KATH AUTO PARTS NSP $11.57 STEVEN PRIEM 2006/05/18 2006/05/19 KATH AUTO PARTS NSP $19.33 STEVEN PRIEM 2006/05/18 2006/05/19 MACQUEEN EQUIPMENT INC $261.52 STEVEN PRIEM 2006/05/18 2006/05119 PAM OIL INC $305.54 STEVEN PRIEM 2006/05/18 2006/05/22 AUTO GLASS SPECIALISTS -MN $246.45 STEVEN PRIEM 2006/05/19 2006/05/22 MERIT CHEVROLET CO. $43.05 STEVEN PRIEM 2006/05/19 2006/05/22 BAUER BULT TRE33200023 $366.67 STEVEN PRIEM 2006/05/19 2006/05122 D & D TOWING $79.88 STEVEN PRIEM 2006/05/19 2006/05/22 KATH AUTO PARTS NSP $21.86 STEVEN PRIEM 2006/05/19 2006/05/22 KATH AUTO PARTS NSP $4.10 STEVEN PRIEM 2006/05/22 2006/05/24 MERIT CHEVROLET CO. $17.19 STEVEN PRIEM 2006/05/22 2006/05124 TOUSLEY FORD 127200039 $206.91 STEVEN PRIEM 2006/05/22 2006/05/24 BOYER FORD TRUCKS INC $169.34 STEVEN PRIEM 2006/05/23 2006/05/24 TRUCK UTILITIES INC $126.66 STEVEN PRIEM 2006/05/23 2006/05/24 MILL SUPPLY $43.32 STEVEN PRIEM 2006/05/23 2006/05124 PAM OIL INC $139.81 STEVEN PRIEM 2006/05/24 2006/05/25 KATH AUTO PARTS NSP (S13.22) STEVEN PRIEM 2006/05/24 2006/05/25 KATH AUTO PARTS NSP $101.27 STEVEN PRIEM 2006/05/24 2006/05/25 KATH AUTO PARTS NSP $21.36 STEVEN PRIEM 2006/05/24 2006/05125 KATH AUTO PARTS NSP $34.06 STEVEN PRIEM 2006/05/24 2006/05/25 KATH AUTO PARTS NSP $66.84 STEVEN PRIEM 2006/05/24 2006/05/25 KATH AUTO PARTS $42.59 STEVEN PRIEM 2006/05/24 2006/05/26 MERIT CHEVROLET CO. (S14.62) STEVEN PRIEM 2006/05/24 2006/05126 MERIT CHEVROLET CO. $98.76 STEVEN PRIEM 2006/05/25 2006/05/26 KATH AUTO PARTS $11.57 STEVEN PRIEM 2006/05/11 2006/05/15 UNIFORMS UNLIMITED INC $112.45 KEVIN RABBETT 2006/05/12 2006/05/15 EXCELLCOM $399.79 KEVIN RABBETT 2006/05/25 2006/05126 SPARTAN PROMOTIONAL GRP $391.32 KEVIN RABBETT 2006/05/17 2006/05/19 MCFARLANE MEDIA $141.29 TERRIE RAMEAUX 2006/05/09 2006/05/15 DALCO ENTERPRISES, INC $983.75 MICHAEL REILLY 2006/05/13 2006/05/15 CUB FOODS, INC. $37.74 AUDRA ROBBINS 2006/05/17 2006/05119 ORIENTAL TRADING CO $150.40 AUDRA ROBBINS 2006/05/25 2006/05/26 S *S S ARTS CRAFT $142.88 AUDRA ROBBINS 2006/05/25 2006/05/26 S *S S ARTS CRAFT $224.91 AUDRA ROBBINS 2006/05/11 2006/05/15 THE HOME DEPOT 2801 $146.83 ROBERT RUNNING 2006/05/15 2006/05116 UNITED RENTALS $151.31 ROBERT RUNNING 2006/05/24 2006/05/25 UNITED RENTALS $55.77 ROBERT RUNNING 2006/05/25 2006/05/26 MINNESOTA WANNER CO {$303.49} ROBERT RUNNING 2006/05/25 2006/05/26 MINNESOTA WANNER CO $303.49 ROBERT RUNNING 2006/05/22 2006/05124 THE HOME DEPOT 2801 $26.59 JAMES SCHINDELDECKER 2006/05/12 2006/05/15 CURTIS 1000 $124.02 DEB SCHMIDT ius Visa Transactions 5 -13 -06 to 5 -26 -06 Trans Date Posting Date Merchant Name Trans Amount Name 2006105116 2006/05118 SHRED -IT 01 OF 01 $17.65 DEB SCHMIDT 2006105/17 2006/05/18 STAPLES SCC #467 $72.37 DEB SCHMIDT 2006105117 2006/05/18 STAPLES SCC #467 $4.43 DEB SCHMIDT 2006/05117 2006/05/18 STAPLES SCC #467 $32.64 DEB SCHMIDT 2006105118 2006/05119 XPEDX PAPER & GRAPHICS $102.49 DEB SCHMIDT 2006105/23 2006/05/24 FUND FOR THE CITY OF NEW $18.75 DEB SCHMIDT 2006105124 2006/05/25 AMZ *SUPERSTORE $78.88 DEB SCHMIDT 2006/05125 2006/05/26 STAPLES SCC #467 {$4.43} DEB SCHMIDT 2006/05/25 2006/05126 STAPLES SCC #467 ($1.31) DEB SCHMIDT 2006/05/11 2006/05/15 GCS SERVICES $262.27 RUSSELL L SCHMIDT 2006/05/17 2006/05/18 ICI- DULUX- PAINTS #0092 $34.67 SCOTT SCHULTZ 2006/05/12 2006/05/15 UNIFORMS UNLIMITED INC $5.86 MICHAEL SHORTREED 2006/05/15 2006/05117 MIDWEST VETERINARY GRP $30.00 MICHAEL SHORTREED 2006/05/25 2006/05/26 T- MOBILE IVR PAYMENT $103.34 ANDREA SINDT 2006/05/18 2006/05/19 TARGET 00011858 $47.04 PAULINE STAPLES 2006/05/15 2006/05/17 DE LADE LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 2006/05/16 2006/05118 CUB FOODS, INC. $39.00 JOANNE M SVENDSEN 2006/05/16 2006/05/18 SUN COUNTRY 3371310720465 $339.60 JOANNE M SVENDSEN 2006/05/16 2006/05/18 SUN COUNTRY 3371310720466 $339.60 JOANNE M SVENDSEN 2006/05/16 2006/05/18 SUN COUNTRY 3371310720467 $339.60 JOANNE M SVENDSEN 2006/05/16 2006/05118 SUN COUNTRY 3371310720468 $339.60 JOANNE M SVENDSEN 2006/05/16 2006/05/18 SUN COUNTRY 3371310720469 $339.60 JOANNE M SVENDSEN 2006/05/17 2006/05/18 EXPEDIA *SERVICE FEES $25.00 JOANNE M SVENDSEN 2006/05/15 2006/05/16 ANCOM COMMUNICATIONS INC $96.92 RUSTIN SVENDSEN 2006/05/16 2006/05117 METRO FIRE $654.37 RUSTIN SVENDSEN 2006/05/23 2006/05/24 RICHARDS MARKET INC $66.92 RUSTIN SVENDSEN 2006/05/12 2006/05/15 HIRSHFIELD'S MAPLEWOOD $25.75 LYLE SWANSON 2006/05/13 2006/05/15 SIXTY 1 STOP H10033249 $43.95 LYLE SWANSON 2006/05/16 2006/05117 MUSKA LIGHTING CENTER $99.35 LYLE SWANSON 2006/05/16 2006/05/18 STATE SUPPLY COMPANY $86.46 LYLE SWANSON 2006/05/17 2006/05/19 STATE SUPPLY COMPANY $415.73 LYLE SWANSON 2006/05/19 2006/05/22 EAGLE FLAG OF AMERICA $42.75 LYLE SWANSON 2006/05/23 2006/05124 WATTERS- CLIMATE INC. $555.96 LYLE SWANSON 2006/05/12 2006/05/15 STREAMLINE DESIGN INC $696.15 DOUGLAS J TAUBMAN 2006/05/16 2006/05/18 METRO ATHLETIC SUPPLY INC $180.30 DOUGLAS J TAUBMAN 2006/05/19 2006/05/22 STREAMLINE DESIGN INC $1,385.75 DOUGLAS J TAUBMAN 2006/05/21 2006/05122 QWESTCOMM *TN651 $357.03 JUDY TETZLAFF 2006/05/25 2006/05/26 QWESTCOMM *TN651 $57.69 JUDY TETZLAFF 2006/05/12 2006/05/15 WW GRAINGER 500 $288.90 JOSEPH WATERS 2006/05/24 2006/05/25 NAPA AUTO PARTS # 28438 $6.79 JOSEPH WATERS 2006/05/18 2006/05122 RED ROBIN $15.00 SUSAN ZWIEG 2006/05/19 2006/05/22 MENARDS 3018 $26.33 SUSAN ZWIEG NE CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 21 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05/19/06 CAVE, REBECCA 397.80 dd 05119106 HJELLE, ERIK 397.80 dd 05/19/06 JUENEMANN, KATHLEEN 397.80 dd 05119106 ROSSBACH, WILLIAM 397.80 dd 05/19/06 COLEMAN, MELINDA 4,218.88 dd 05119/06 DARST, ROBERTA 461.46 dd 05/19/06 FARR, LARRY 1,821.04 dd 05119106 SWANSON, LYLE 1,711.57 dd 05/19/06 LE, JENNIFER 81.00 dd 05119106 LE, SHERYL 4,121.65 dd 05/19/06 RAMEAUX, THERESE 2,448.10 dd 05119106 FAUST, DANIEL 4,292.22 dd 05/19/06 SCHMIDT, DEBORAH 1,570.96 dd 05/19106 ANDERSON, CAROLE 1,246.48 dd 05/19/06 BAUMAN, GAYLE 3,544.02 dd 05/19106 JACKSON, MARY 1,873.35 dd 05/19/06 KELSEY, CONNIE 829.67 dd 05119106 TETZLAFF, JUDY 1,87335 dd 05/19/06 FRY, PATRICIA 1,738.95 dd 05119106 GUILFOILE, KAREN 2,969.70 dd 05/19/06 MORSON, JOHN 510.72 dd 05119/06 SPANGLER, EDNA 1,049.13 dd 05,x`19106 JAGOE, CAROL 1,679.66 dd 05119106 JOHNSON, BONNIE 1,044.68 dd 05/19/06 MECHELKE, SHERRIE 1,028.51 dd 05119106 MOY, PAMELA 848.44 dd 05/19/06 OLSON, SANDRA 1,321.32 dd 05119106 OSTER, ANDREA 1,852.98 dd 05/19/06 WEAVER, KRISTINE 1,839.75 dd 05/19106 BANICK, JOHN 4,017.82 dd 05/19/06 CORCORAN, THERESA 1,677.35 dd 05/19106 POWELL, PHILIP 2,394.54 dd 05/19/06 RICHIE, CAROLE 1,684.28 dd 05119106 THOMALLA, DAVID 4,429.00 dd 05/19/06 ABEL, CLINT 2,543.58 dd 05119106 ALDRIDGE, MARK 3,582.07 dd 05/19/06 ANDREWS, SCOTT 3,790.62 dd 05119/06 BAKKE, LONN 2,560.09 dd 05119/06 BELDE, STANLEY 2,873.32 dd 05119106 BIERDEMAN, BRIAN 2,331.55 dd 05/19/06 BOHL, JOHN 2,895.78 dd 05119106 BUSACK, DANIEL 2,642.91 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 22 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05119106 COFFEY, KEVIN 2,352.98 dd 05/19/06 CROTTY, KERRY 2,839.80 dd 05/19/06 DOBLAR, RICHARD 3,615.02 dd 05/19/06 GABRIEL, ANTHONY 2,434.89 dd 05/19/06 HEINZ, STEPHEN 2,794.14 dd 05/19/06 HIEBERT, STEVEN 2,884.57 dd 05/19/06 JOHNSON, KEVIN 3,790.62 dd 05/19 /06 KALKA, THOMAS 528.36 dd 05/19/06 KARIS, FLINT 3,101.63 dd 05/19/06 KONG, TOMMY 2,536.37 dd 05/19/06 KROLL, BRETT 2,400.11 dd 05/19/06 KVAM, DAVID 3,523.42 dd 05/19/06 LANGNER, TODD 1,780.93 dd 05/19/06 LU, JOHNNIE 2,400.11 dd 05/19/06 MARINO, JASON 2,400.11 dd 05/19/06 MARTIN, DANIEL 781.00 dd 05/19/06 MARTIN, JERROLD 2,603.54 dd 05/19/06 MCCARTY, GLEN 2,674.39 dd 05/19/06 METRY, ALESIA 2,797.42 dd 05/19/06 NYE, MICHAEL 1,874.47 dd 05/19/06 OLSON, JULIE 2,532.55 dd 05/19/06 RABBETT, KEVIN 3,587.70 dd 05/19/06 RHUDE, MATTHEW 2,071.55 dd 051"19/06 STEFFEN, SCOTT 3,245.01 dd 05/19/06 STEINER, JOSEPH 1,878.43 dd 05/19/06 SYPNIEWSKI, urILLIAM 1,931.60 dd 05/19/06 SZCZEPANSKI, THOMAS 2,58394 dd 05/19/06 TRAN, JOSEPH 2,331.55 dd 05/19/06 WENZEL, JAY 2,554.62 dd 05/19/06 XIONG, KAO 2,554.62 dd 05/19/06 BARTZ, PAUL 3,125.65 dd 05/19/06 BERGERON, JOSEPH 3,367.28 dd 05/19/06 DUGAS, MICHAEL 3,277.92 dd 05/19/06 ERICKSON, VIRGINIA 3,109.80 dd 05/19/06 FLOR, TIMOTHY 3,209.69 dd 05,x`19/06 FRASER, JOHN 3,070.98 dd 05/19/06 LANGNER, SCOTT 2,217.28 dd 05/19/06 PALMA, STEVEN 3,121.11 dd 05/19/06 THEISEN, PAUL 2,805.82 dd 051"19/06 THIENES, PAUL 2,705.32 dd 05/19/06 DAWSON, RICHARD 2,324.30 dd 05/19/06 DUELLMAN, KIRK 2,240.21 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 23 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05119106 EVERSON, PAUL 2,100.78 dd 05/19/06 HALWEG, JODI 1,910.05 dd 05/19/06 JOHNSON, DOUGLAS 2,285.81 dd 05,x`19/06 MYERS, TODD 1,969.33 dd 05/19/06 NOVAK, JEROME 2,272.98 dd 05/19/06 PARSONS, KURT 2,031.52 dd 05/19/06 PETERSON, ROBERT 2,38432 dd 05/19/06 PRECHTEL, ROBERT 2,198.75 dd 05/19/06 SVENDSEN, RONALD 2,397.80 dd 05/19/06 GERVAIS -JR, CLARENCE 2,868.34 dd 05/19/06 BAUER, MICHELLE 1,662.15 dd 05/19/06 FLAUGHER, JAYME 1,931.75 dd 05/19/06 HERMANSON, CHAD 1,676.10 dd 05/19/06 HUBIN, KENNARD 1,739.45 dd 05/19/06 KNAPP, BRETT 1,895.85 dd 05/19/06 LINN, BRYAN 2,228.18 dd 05/19/06 PACOLT, MARSHA 2,529.68 dd 05/19/06 RABINE, JANET 1,917.36 dd 05/19/06 STAHNKE, JULIE 1,930.55 dd 05,x`19/06 LUKIN, STEVEN 4,016.18 dd 05/19/06 SVENDSEN, RUSTIN 3,219.37 dd 05/19/06 ZWIEG, SUSAN 1,846.49 dd 05/19/06 DOLLERSCHELL, ROBERT 29339 dd 051"19/06 AHL, R. CHARLES 4,500.69 dd 05/19/06 BREHEIM, ROGER 1,900.28 dd 05/19/06 GROHS, JUDITH 1,820.30 dd 05/19/06 KONEWKO, DUWAYNE 3,059.51 dd 05/19/06 NIVEN, AMY 1,258.02 dd 05/19/06 PRIEFER, WILLIAM 2,601.27 dd 05/19/06 BRINK, TROY 1,770.16 dd 05/19/06 BRUNELL, DAVID 1,708.63 dd 05/19/06 DEBILZAN, THOMAS 1,893.35 dd 05/19/06 EDGE, DOUGLAS 1,893.36 dd 05/19/06 FREBERG, RONALD 568.86 dd 05/19/06 JONES, DONALD 1,89335 dd 05/19/06 MEISSNER, BRETT 315.00 dd 05/19/06 MEYER, GERALD 1,969.80 dd 05/19/06 NAGEL, BRYAN 2,474.57 dd 05/19/06 OSWALD, ERICK 2,126.64 dd 05/19/06 RUNNING, ROBERT 1,799.75 dd 05/19/06 TEVLIN, TODD 2,040.80 dd 05/19/06 DUCHARME, JOHN 2,414.86 23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 24 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05119106 ENGSTROM, ANDREW 1,879.55 dd 05/19/06 ISAKSON, CHAD 121.28 dd 05/19/06 JACOBSON, SCOTT 2,54390 dd 05/19/06 JAROSCH, JONATHAN 2,030.15 dd 05/19/06 KNUTSON, LOIS 1,281.37 dd 05/19/06 KUMMER, STEVEN 2,853.85 dd 05/19/06 LABEREE, ERIN 2,88235 dd 05/19/06 LINDBLOM, RANDAL 2,614.53 dd 05/19/06 PECK, DENNIS 2,421.79 dd 05/19/06 PRIEBE, WILLIAM 3,127.10 dd 05/19/06 SCHREMPP, ANTHONY 248.87 dd 05/19/06 THOMPSON, MICHAEL 2,129.35 dd 05/19/06 ANDERSON, BRUCE 4,184.27 dd 05/19/06 CAREY, HEIDI 2,138.15 dd 05/19/06 HALL, KATHLEEN 1,820.28 dd 05/19/06 MARUSKA, MARK 2,754.63 dd 05/19/06 NAUGHTON, JOHN 1,822.15 dd 05/19/06 SCHINDELDECKER, JAMES 1,895.66 dd 05/19/06 BIESANZ, OAKLEY 1,607.65 dd 05,x`19/06 DEAVER, CHARLES 574.93 dd 05/19/06 HAYMAN, JANET 1,048.16 dd 05/19/06 HUTCHINSON, ANN 2,330.27 dd 05/19/06 NELSON, JEAN 1,049.80 dd 05/19/06 FOERG, ELIZABETH 1,024.00 dd 05/19/06 GAYNOR, VIRGINIA 2,092.04 dd 05/19/06 HAMRE, MILES 543.75 dd 05/19/06 EKSTRAND, THOMAS 3,244.10 dd 05/19/06 KROLL, LISA 1,254.20 dd 05/19/06 LIVINGSTON, JOYCE 1,007.80 dd 05/19/06 SINDT, ANDREA 1,695.75 dd 05/19/06 THOMPSON, DEBRA 67094 dd 05/19/06 YOUNG, TAMELA 1,567.75 dd 05/19/06 FINWALL, SHANK 2,342.40 dd 05/19/06 ROBERTS, KENNETH 2,486.06 dd 05/19/06 CARVER, NICHOLAS 2,853.51 dd 05/19/06 FISHER, DAVID 3,374.28 dd 05/19/06 RICE, MICHAEL 2,012.55 dd 05/19/06 SWAN, DAVID 2,110.95 dd 05/19/06 SWETT, PAUL 1,544.55 dd 05/19/06 WELLENS, MOLLY 1,161.93 dd 05/19/06 WORK, ALICIA 92.63 dd 05/19/06 FINN, GREGORY 259.60 24 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 25 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05119106 GOODRICH, CHAD 735.00 dd 05/19/06 KELLY, LISA 1,333.11 dd 05/19/06 ROBBINS, AUDRA 2,288.25 dd 05/19/06 STAPLES, PAULINE 3,028.20 dd 05/19/06 TAUBMAN, DOUGLAS 2,854.34 dd 05/19/06 UNDERHILL, KRISTEN 183.76 dd 05/19/06 GERMAIN, DAVID 1,902.59 dd 05/19/06 NORDQUIST, RICHARD 2,298.41 dd 05/19/06 SCHULTZ, SCOTT 2,101.24 dd 05/19/06 ANZALDI, MANDY 1,350.00 dd 05/19/06 COLEMAN, PHILIP 50.00 dd 05/19/06 COLLINS, ASHLEY 114.00 dd 05/19/06 CRAWFORD - JR, RAYMOND 272.00 dd 05/19/06 CROSSON, LINDA 2,782.65 dd 05/19/06 EVANS, CHRISTINE 71733 dd 05/19/06 GRAF, MICHAEL 2,001.16 dd 05/19/06 HER, CHONG 466.00 dd 05/19/06 HOFMEISTER, MARY 711.80 dd 05/19/06 PELOQUIN, PENNYE 464.76 dd 05/19/06 SCHMIDT, RUSSELL 2,094.61 dd 05/19/06 SCHULTE, BRIAN 902.44 dd 05/19/06 ANDREA, JOHANNA 33.25 dd 05/19/06 BRENEMAN, NEIL 421.61 dd 051"19/06 BRUSOE, CRISTINA 132.00 dd 05/19/06 BUCKLEY, BRITTANY 123.75 dd 05/19/06 DEL ROSARIO, THERESA 19.50 dd 05/19/06 DUNN, RYAN 771.80 dd 05,x`19/06 EVANS, KRISTIN 87.80 dd 05/19/06 FONTAINE, KIM 830.93 dd 05/19/06 GREDVIG, ANDERS 461.78 dd 05/19/06 HASSENSTAB, DENISE 146.45 dd 05/19/06 HAWBAKER, EVAN 39.60 dd 05/19/06 HORWATH, RONALD 2,159.70 dd 05/19/06 KOEHNEN, AMY 150.30 dd 05/19/06 KOEHNEN, MARY 1,587.88 dd 05/19 /06 KRONHOLM, KATHRYN 415.98 dd 05/19/06 MATHEWS, LEAH 53.00 dd 05/19/06 OVERBY, ANNA 40.00 dd 05/19/06 PROESCH, ANDY 58915 dd 05/19/06 SCHULTZ, MATTHEW 32.50 dd 05/19/06 SIVALD, SHANNON 31.50 dd 05/19/06 SMITH, ANN 197.00 25 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 0 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 05119106 TRUE, CAROLINE 152.10 dd 05/19/06 TUPY, HEIDE 190.80 dd 05/19/06 TUPY, MARCUS 283.50 dd 05,x`19/06 WERNER, REBECCA 62.13 dd 05/19/06 WHITE, NICOLE 612.33 dd 05/19/06 GROPPOLI, LINDA 272.50 dd 05/19/06 HOLMGREN, STEPHANIE 43.75 dd 051"19/06 ANDERSON, MATT 56.53 dd 05/19/06 BEHAN, JAMES 1,769.23 dd 05/19/06 LONETTI, JAMES 1,077.42 dd 05/19/06 PATTERSON, ALBERT 1,128.84 dd 05/19/06 PRINS, KELLY 1,190.22 dd 05/19/06 REILLY, MICHAEL 1,674.15 dd 05/19/06 SCHOENECKER, LEIGH 56.53 dd 05/19/06 AICHELE, CRAIG 1,96431 dd 05/19/06 PRIEM, STEVEN 2,129.35 dd 05/19/06 WOEHRLE, MATTHEW 1,680.55 dd 05/19/06 BERGO, CHAD 2,355.82 dd 05/19/06 FOWLDS, MYCHAL 2,561.82 dd 05/19/06 FRANZEN, NICHOLAS 2,185.91 wf 105023 05/19/06 LONGRIE, DIANA 452.00 wf 105024 05/19/06 COPELAND, EUGENE 3,090.00 wf 105024 05/19/06 COPELAND, EUGENE 4,290.00 wf 105025 05/19/06 JAHN, DAVID 1,720.87 wf 105026 05/19/06 MORIN, TROY 178.50 wf 105027 05/19/06 THOMAS, MOLLY 816.00 wf 105028 05/19/06 MATHEYS, ALANA 2,059.19 wf 105029 05/19/06 HANSEN, LORI 1,741.56 wf 105030 05/19/06 GENNOW, PAMELA 494.00 wf 105031 05/19/06 PALANK, MARY 1,679.66 wf 105032 05/19/06 SVENDSEN, JOANNE 1,85539 wf 105033 05/19/06 SHORTREED, MICHAEL 3,268.81 wf 105034 05/19/06 WELCHLIN, CABOT 2,654.01 wf 105035 05/19/06 DUNN, ALICE 930.00 wf 105036 05/19/06 EDSON, DAVID 1,93336 wf 105037 05/19/06 HELEY, ROLAND 1,934.59 wf 105038 05/19/06 HINNENKAMP, GARY 1,903.07 wf 105039 05/19/06 LINDORFF, DENNIS 1,897.97 wf 105040 05/19/06 NOVAK, MICHAEL 1,85735 wf 105041 05/19/06 BERGREN, KIRSTEN 90.00 wf 105042 05/19/06 GERNES, CAROLE 389.57 wf 105043 05/19/06 SOUTTER, CHRISTINE 261.25 0 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD MA CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 105044 05119106 BRASH, JASON 1,040.00 wf 105045 05/19/06 GOODRICH, DANIELLE 437.25 wf 105046 05/19/06 KOHLMAN, JENNIFER 126.00 wf 105047 05/19/06 ROBBINS, EMERALD 133.00 wf 105048 05/19/06 SHOBERG, KARL 105.19 wf 105049 05/19/06 HAAG, MARK 1,857.35 wf 105050 05/19/06 NADEAU, EDWARD 3,061.98 wf 105051 05/19/06 GLASS, JEAN 1,868.83 wf 105052 05/19/06 HER, PHENG 111.00 wf 105053 05/19/06 NAGEL, BROOKE 321.98 wf 105054 05/19/06 SIMPSON, JOSEPH 59.20 wf 105055 05/19/06 TOLBERT, FRANCINE 249.75 wf 105056 05/19/06 VELASQUEZ, ANGELA 90.00 wf 105057 05/19/06 ANDERSON, JOSHUA 164.49 wf 105058 05/19/06 ANDERSON, JUSTIN 119.76 wf 105059 05/19/06 ARNEVIK, ERICA 52.50 wf 105060 05/19/06 BRENEMAN, SEAN 127.20 wf 105061 05/19/06 CLARK, PAMELA 196.35 wf 105062 05/19/06 COSTA, JOSEPH 125.75 wf 105063 05/19/06 DEMPSEY, BETH 147.00 wf 105064 05/19/06 FENGER, JUSTIN 127.70 wf 105065 05/19/06 GRANT, MELISSA 386.48 wf 105066 05/19/06 GRUENHAGEN, LINDA 569.45 wf 105067 05/19/06 HAGSTROM, EMILY 161.23 wf 105068 05/19/06 HOLMGREN, LEAH 123.50 wf 105069 05/19/06 IRISH, PETER 94.88 wf 105070 05/19/06 LEMAY, KATHERINE 232.78 wf 105071 05/19/06 LUTZ, CHRISTINA 111.00 wf 105072 05/19/06 MELLEN, CHRISTOPHER 33.75 wf 105073 05/19x`06 NWANOKWALE, MORDY 61.75 wf 105074 05/19/06 PEHOSKI, JOEL 86.40 wf 105075 05/19/06 PETERSON, ANNA 158.50 wf 105076 05/19/06 RICHTER, NANCY 355.00 wf 105077 05/19/06 ROSTRON, ROBERT 16.75 wf 105078 05/19/06 RYDEEN, ARIEL 159.50 wf 105079 05/19/06 SCHMIDT, EMILY 203.18 wf 105080 05/19/06 SCHMIDT, JOHN 52.63 wf 105081 05/19/06 SCHRAMM, BRITTANY 124.45 wf 105082 05/19/06 SCHREINER, MICHELLE 272.70 wf 105083 05/19/06 SMITLEY, SHARON 402.40 wf 105084 05/19/06 STAHNKE, AMY 17.63 wf 105085 05/19/06 WARNER, CAROLYN 301.80 MA CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 471,568.65 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT wf 105086 05119106 WEDES, CARYL 147.00 wf 105087 05/19/06 WENZEL, SHANNON 39.00 wf 105088 05/19/06 WILLIAMS, KRISTINE 91.00 wf 105089 05/19/06 WOODMAN, ALICE 162.60 wf 105090 05/19/06 ZALK, IDA 19.50 wf 105091 05/19/06 BOSLEY, CAROL 333.35 wf 105092 05/19/06 KLINKIIAMER. KATIE 938 wf 105093 05/19/06 LEWIS, AMY 153.55 wf 105094 05/19/06 ODDEN, JESSICA 93.71 wf 105095 05/19/06 OIE, REBECCA 58.80 wf 105096 05/19/06 PARAYNO, GUAI 225.15 wf 105097 05/19/06 SATTLER, MELINDA 13.80 wf 105098 05/19/06 STODGHILL, AMANDA 37.13 wf 105099 05/19/06 VAN HALE, PAULA 124.50 wf 105100 05/19/06 WADE, MARY -LEE 125.63 wf 105101 05/19/06 BALDWIN, JANA 165.06 wf 105102 05/19/06 BERLIN, SARAH 49.88 wf 105103 05/19/06 BIRKHOLZ, TYLER 25.40 wf 105104 05/19/06 DOUGLASS, TOM 1,378.09 wf 105105 05/19/06 EVERSON, KYLE 50.80 wf 105106 05/19/06 GADOW, ANNA 101.60 wf 105107 05/19/06 O'GRADY, VICTORIA 28.40 wf 105108 05/19/06 OLSON, CHRISTINE 53.20 wf 105109 05/19/06 SCHULZE, KEVIN 127.00 wf 105110 05/19/06 TflEESFELD, CALEB 90.35 wf 105111 05/19/06 VANG, HUE 56.53 wf 105112 05/19/06 VANG, KAY 176.88 wf 105113 05/19/06 VANG, TIM 51.80 wf 105114 05/19/06 VUE, LOR PAO 242.73 471,568.65 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 29 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 06/02/06 CAVE, REBECCA 397.80 dd 06/02/06 HJELLE, ERIK 397.80 dd 06/02/06 JUENEMANN, KATHLEEN 397.80 dd 06/02/06 ROSSBACH, WILLIAM 397.80 dd 06/02/06 COLEMAN, MELINDA 4,393.88 dd 06/02/06 COPELAND, EUGENE 3,090.00 dd 06/02/06 DARST, ROBERTA 755.51 dd 06/02/06 FARR, LARRY 1.821.04 dd 06/02/06 SWANSON, LYLE 1,711.57 dd 06/02/06 LE, JENNIFER 159.75 dd 06/02/06 LE, SHERYL 4,246.65 dd 06/02/06 RAMEAUX, THERESE 2,44811 dd 06/02/06 FAUST, DANIEL 4,417.22 dd 06/02/06 SCHMIDT, DEBORAH 1,570.96 dd 06/02/06 ANDERSON, CAROLE 802.75 dd 06/02/06 BAUMAN, GAYLE 3,544.03 dd 06/02/06 JACKSON, MARY 1,873.35 dd 06/02/06 KELSEY, CONNIE 829.68 dd 06/02/06 TETZLAFF, JUDY 1,873.35 dd 06/02/06 FRY, PATRICIA 1,738.95 dd 06/02/06 GUILFOILE, KAREN 3,094.70 dd 06/02/06 MORSON, JOHN 638.40 dd 06/02/06 SPANGLER, EDNA 1,176.81 dd 06/02/06 JAGOE, CAROL 1,679.66 dd 06/02/06 JOHNSON, BONNIE 1,052.30 dd 06/02/06 MECHELKE, SHERRIE 1,003.38 dd 06/02/06 MOY, PAMELA 831.69 dd 06/02/06 OLSON, SANDRA 1,20917 dd 06/02/06 OSTER, ANDREA 1,828.83 dd 06/02/06 WEAVER, KRISTINE 1,839.76 dd 06/02/06 BANICK, JOHN 4,017.82 dd 06/02/06 CORCORAN, THERESA 1,67735 dd 06/02/06 POWELL, PHILIP 2,394.54 dd 06/02/06 RICHIE, CAROLE 1,745.46 dd 06/02/06 THOMALLA, DAVID 4,429.00 dd 06/02/06 ABEL, CLINT 2,40011 dd 06/02/06 ALDRIDGE, MARK 2,502.07 dd 06/02/06 ANDREWS, SCOTT 3,056.83 dd 06/02/06 BAKKE, LONN 2,827.32 dd 06/02/06 BELDE, STANLEY 2,445.82 dd 06/02/06 BIERDEMAN, BRIAN 2,331.55 dd 06/02/06 BOHL, JOHN 3,225.55 29 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD ME CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 06, BUSACK, DANIEL 2,40011 dd 06102106 COFFEY, KEVIN 2,363.69 dd 06/02106 GROTTY, KERRY 2,766.07 dd 06102106 DOBLAR, RICHARD 2,831.57 dd 06102/06 GABRIEL, ANTHONY 1.988.74 dd 06102106 HEINZ, STEPHEN 2,654.01 dd 06/02106 HILBERT, STEVEN 2,985.82 dd 06/02/06 JOHNSON, KEVIN 3,804.73 dd 06, KALKA, THOMAS 1,084.20 dd 06/02/06 KAKIS, FLINT 3,276.53 dd 06/02106 KONG, TOMMY 2,400.11 dd 06102/06 KROLL, BRETT 2,716.48 dd 06102106 KVAM, DAVID 3,523.42 dd 06/02/06 LANGNER, TODD 1,645.93 dd 06/02106 LU, JOHNNIE 2,525.34 dd 06/02/06 MARINO, JASON 2,400.11 dd 06, MARTIN, DANIEL 342.83 dd 06/02106 MARTIN, JERROLD 2,514.38 dd 06/02106 MCCARTY, GLEN 2,449.40 dd 06102/06 METRY, ALESIA 2,687.05 dd 06102/06 NYE, MICHAEL 1,96016 dd 06/02106 OLSON, JULIE 2,642.91 dd 06/02106 RABBETT, KEVIN 3,587.70 dd 06/02/06 RHUDE, MATTHEW 1,874.47 dd 06, STEFFEN, SCOTT 3,149.04 dd 06/02/06 STEINER, JOSEPH 1,870.93 dd 06/02106 SYPNIEWSKI, WILLIAM 1,874.47 dd 06102/06 SZCZEPANSKI, THOMAS 2,654.01 dd 06102/06 IRAN, JOSEPH 2,331.55 dd 06/02/06 WENZEL, JAY 2,477.36 dd 06/02106 XIONG, KAO 2,400.11 dd 06/02/06 BARTZ, PAUL 2,913.57 dd 06, BERGERON, JOSEPH 3,070.94 dd 06/02106 DUGAS, MICHAEL 2,664.77 dd 06/02106 ERICKSON, VIRGINIA 2,677.80 dd 06102/06 FLOR, TIMOTHY 2,991.80 dd 06/02/06 FRASER, JOHN 2,795.27 dd 06/02106 LANGNER, SCOTT 2,217.28 dd 06/02/06 PALMA, STEVEN 2,720.07 dd 06/02/06 THEISEN, PAUL 2,524.57 dd 06, THIENES, PAUL 2,628.65 dd 06/02/06 DAWSON, RICHARD 2,272.98 ME CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 31 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 06, DUELLMAN, KIRK 2,166.89 dd 06/02/06 EVERSON, PAUL 2,127.64 dd 06/02/06 HALWEG, JODI 2,288.91 dd 06/02/06 JOHNSON, DOUGLAS 2,709.20 dd 06/02/06 MYERS, TODD 1,990.29 dd 06/02/06 NOVAK, JEROME 2,349.96 dd 06/021/06 PARSONS, KURT 2,199.61 dd 06/02/06 PETERSON, ROBERT 2,384.32 dd 06, PRECHTEL, ROBERT 2,36713 dd 06/02/06 SVENDSEN, RONALD 3,489.28 dd 06/02/06 GERVAIS -JR CLARENCE 2,868.34 dd 06/02/06 BAUER, MICHELLE 1,740.30 dd 06/02/06 FLAUGHER, JAYME 1,922.15 dd 06/02/06 HERMANSON, CHAD 1,676.55 dd 06/021/06 HUBIN, KENNARD 1,800.23 dd 06/02/06 KNAPP, BRETT 1,611.05 dd 06, LINN, BRYAN 2,136.00 dd 06/02/06 PACOLT, MARSHA 2,529.68 dd 06/02/06 RABINE, JANET 2,661.44 dd 06/02/06 STAHNKE, JULIE 2,217.87 dd 06/02/06 LUKIN, STEVEN 4,01618 dd 06/02/06 SVENDSEN, RUSTIN 3,219.37 dd 06/021/06 ZWIEG, SUSAN 1,871.35 dd 06/02/06 DOLLERSCHELL, ROBERT 293.39 dd 06, AHL, R. CHARLES 4,675.69 dd 06/02/06 BREHEIM, ROGER 1,900.28 dd 06/02/06 GROHS, JUDITH 1,820.28 dd 06/02/06 KONEWKO, DUWAYNE 3,059.51 dd 06/02/06 NIVEN, AMY 1,298.80 dd 06/02/06 PRIEFER, WILLIAM 2,601.28 dd 06/021/06 BRINK, TROY 1,796.15 dd 06/02/06 BRUNELL, DAVID 1,491.75 dd 06, DEBILZAN, THOMAS 1,893.35 dd 06/02/06 EDGE, DOUGLAS 1,933.35 dd 06/02/06 ELIAS, BRANDON 936.00 dd 06/02/06 FREBERG, RONALD 568.86 dd 06/02/06 JONES, DONALD 1,89835 dd 06/02/06 MEISSNER, BRENT 840.00 dd 06/021/06 MEYER, GERALD 1,969.79 dd 06/02/06 NAGEL, BRYAN 2,486.01 dd 06, OSWALD, ERICK 2,623.44 dd 06/02/06 RUNNING, ROBERT 1,799.75 31 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 32 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 06, TEVLIN, TODD 1,790.15 dd 06102106 DUCHARME, JOHN 2,000.74 dd 06/02106 ENGSTROM, ANDREW 1,879.55 dd 06102106 ISAKSON, CHAD 1,119.20 dd 06102/06 JACOBSON, SCOTT 2,358.50 dd 06102106 JAROSCH, JONATHAN 2,030.15 dd 06/02106 KNUTSON, LOIS 1,288.28 dd 06102106 KUMMER, STEVEN 2,624.66 dd 06, LABEREE, ERIN 2,882.35 dd 06102/06 LINDBLOM, RANDAL 2,503.60 dd 06/02106 PECK, DENNIS 2,421.80 dd 06102/06 PRIEBE, WILLIAM 4,103.23 dd 06102106 SCHREMPP, ANTHONY 956.03 dd 06102/06 THOMPSON, MICHAEL 2,129.35 dd 06/02106 ANDERSON, BRUCE 4,359.27 dd 06/02/06 CAREY, HEIDI 2,138.15 dd 06, HALL, KATHLEEN 1,820.28 dd 06/02106 MARUSKA, MARK 2,754.63 dd 06/02106 NAUGHTON, JOHN 1,922.05 dd 06102/06 SCHINDELDECKER, JAMES 1,895.66 dd 06/02/06 BIESANZ, OAKLEY 1,75890 dd 06/02/06 DEAVER, CHARLES 589.08 dd 06/02106 HAYMAN, JANET 1,428.49 dd 06/02/06 HUTCHINSON, ANN 2,330.27 dd 06, NELSON, JEAN 1,187.43 dd 06/02/06 FOERG, ELIZABETH 1,152.00 dd 06/02106 GAYNOR, VIRGINIA 2,211.63 dd 06102/06 HAMRE, MILES 1,053.75 dd 06102106 EKSTRAND, THOMAS 3,244.09 dd 06/02/06 KROLL, LISA 1,254.21 dd 06/02106 LIVINGSTON, JOYCE 1,007.81 dd 06/02/06 SINDT, ANDREA 1,695.75 dd 06, THOMPSON, DEBRA 670.95 dd 06/02106 YOUNG, TAMELA 1,567.75 dd 06/02106 FINWALL, SHANN 2,342.40 dd 06102/06 ROBERTS, KENNETH 2,66891 dd 06/02/06 BRASH, JASON 1,040.00 dd 06/02/06 CARVER, NICHOLAS 2,853.51 dd 06/02106 FISHER, DAVID 3,374.28 dd 06/02/06 RICE, MICHAEL 2,012.55 dd 06, SWAN, DAVID 2,110.95 dd 06/02/06 SWETT, PAUL 1,544.55 32 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 33 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 06, WELLENS, MOLLY 1,16193 dd 06102106 WORK, ALICIA 117.01 dd 06/02106 FINN, GREGORY 11,624.83 dd 06102106 GALLANT, CHARLENE 282.63 dd 06102/06 GOODRICH, CHAD 808.50 dd 06102106 KELLY, LISA 1,343.31 dd 06/02106 OHLHAUSER, MEGHAN 600.76 dd 06/02/06 ROBBINS, AADRA 2,288.25 dd 06, SHERRILL, CAITLIN 304.01 dd 06/02/06 STAPLES, PAULINE 3,028.20 dd 06/02106 TAUBMAN, DOUGLAS 2,854.34 dd 06102 /06 UNDERHILL, KRISTEN 168.44 dd 06102/06 GERMAIN, DAVID 1,902.59 dd 06/02/06 NORDQUIST, RICHARD 1,893.35 dd 06/02106 SCHULTZ, SCOTT 2,101.24 dd 06/02/06 ANZALDI, MANDY 1,371.60 dd 06, COLLINS, ASHLEY 40.00 dd 06/02106 CRAWFORD - JR, RAYMOND 282.00 dd 06/02106 CROSSON, LINDA 2,782.65 dd 06102/06 EVANS, CHRISTINE 786.50 dd 06102/06 GRAF, MICHAEL 2,001.16 dd 06/02106 HER, CHONG 413.00 dd 06/02106 HOFMEISTER, MARY 706.07 dd 06/02/06 MILES, LAURA 30.80 dd 06, PELOQUIN, PENNYE 451.81 dd 06/02/06 SCHMIDT, RUSSELL 2,094.61 dd 06/02106 SCHULZE, BRIAN 691.93 dd 06102/06 ANDREA, JOHANNA 73.81 dd 06102/06 BRENEMAN, NEIL 475.53 dd 06/02/06 BRUSOE, CRISTINA 128.75 dd 06/02106 BUCKLEY, BRITTANY 54.25 dd 06/02/06 DUNN, RYAN 821.22 dd 06, ERICKSON- CLARK, CAROL 23.75 dd 06/02106 EVANS, KRISTIN 175.60 dd 06/02106 FONTAINE, KIM 814.43 dd 06102/06 GREDVIG, ANDERS 523.15 dd 06/02/06 GUZIK, JENNIFER 63.75 dd 06/02106 HALEY, BROOKE 38.00 dd 06/02106 HASSENSTAB, DENISE 67.05 dd 06/02/06 HAWBAKER, EVAN 19.80 dd 06, HORWATH, RONALD 2,159.70 dd 06/02/06 IRISH, GRACE 235.50 33 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 34 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 06, KOEHNEN, AMY 100.20 dd 06/02/06 KOEHNEN, MARY 1,595.29 dd 06/02/06 KRONHOLM, KATHRYN 644.04 dd 06/02/06 MATHEWS, LEAH 121.50 dd 06/02/06 OVERBY, ANNA 20.00 dd 06/02/06 PROESCH, ANDY 536.09 dd 06/021/06 SCHULTZ, MATTHEW 22.75 dd 06/02/06 SIVALD, SHANNON 54.00 dd 06, SMITH, ANN 261.03 dd 06/02/06 TRUE, CAROLINE 136.65 dd 06/02/06 TUPY, HEIDE 106.00 dd 06/02/06 TUPY, MARCUS 282.68 dd 06/02/06 WERNER, REBECCA 66.15 dd 06/02/06 WHITE, NICOLE 480.61 dd 06/021/06 WOLFGRAM, MARY 86.13 dd 06/02/06 GROPPOLI, LINDA 322.50 dd 06, HOLMGREN, STEPHANIE 126.00 dd 06/02/06 ANDERSON, MATT 59.85 dd 06/02/06 BEHAN, JAMES 1,769.23 dd 06/02/06 LONETTI, JAMES 1,077.42 dd 06/02/06 PATTERSON, ALBERT 1,149.24 dd 06/02/06 PRINS, KELLY 1,046.83 dd 06/021/06 REILLY, MICHAEL 1,674.15 dd 06/02/06 SCHOENECKER, LEIGH 26.60 dd 06, AICHELE, CRAIG 1,957.83 dd 06/02/06 PRIEM, STEVEN 2,129.35 dd 06/02/06 WOEHRLE, MATTHEW 1,680.55 dd 06/02/06 BERGO, CHAD 2,355.82 dd 06/02/06 FOWLDS, MYCHAL 2,686.82 dd 06/02/06 FRANZEN, NICHOLAS 2,177.82 wf 105131 06/021/06 LONGRIE, DIANA 452.00 wf 105132 06/02/06 JAHN, DAVID 1,720.87 wf 105133 06, MORIN, TROY 165.75 wf 105134 06/02/06 MATHEYS, ALANA 2,059.18 wf 105135 06/02/06 HANSEN, LORI 1,813.37 wf 105136 06/02/06 GENNOW, PAMELA 312.00 wf 105137 06/02/06 PALANK, MANDY 378.00 wf 105138 06/02/06 PALANK, MARY 1,756.14 wf 105139 06/021/06 SVENDSEN, JOANNE 1,855.39 wf 105140 06/02/06 SHORTREED, MICHAEL 3,268.81 wf 105141 06, WELCHLIN, CABOT 2,537.23 wf 105142 06/02/06 DUNN, ALICE 375.00 34 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 35 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 105143 06, HOEPPNER, STEVEN 920.00 wf 105144 06/02/06 MEINHOLZ, WILLIAM 1,226.15 wf 105145 06/02/06 ANDERSON, MICHAEL 400.00 wf 105146 06/02/06 EDSON, DAVID 1,934.44 wf 105147 06/02/06 GORE, MICHAEL 480.00 wf 105148 06/02/06 HELEY, ROLAND 1,952.21 wf 105149 06/021/06 HINNENKAMP, GARY 2,191.71 wf 105150 06/02/06 LINDORFF, DENNIS 1,897.97 wf 105151 06, LUND, MARK 480.00 wf 105152 06/02/06 NOVAK, MICHAEL 1,857.35 wf 105153 06/02/06 OLSON, SCOTT 400.00 wf 105154 06/02/06 GERNES, CAROLE 507.26 wf 105155 06/02/06 SOUTTER, CHRISTINE 395.32 wf 105156 06/02/06 BENSON, CARLA 117.00 wf 105157 06/021/06 BERGER, STEPHANIE 476.00 wf 105158 06/02/06 GOODRICH, DANIELLE 396.00 wf 105159 06, /06 KELLY, JAMIE 84.00 wf 105160 06/02/06 KELLY, JONATHAN 50.00 wf 105161 06/02/06 KOHLMAN, JENNIFER 168.00 wf 105162 06/02/06 ROBBINS, EMERALD 113.75 wf 105163 06/02/06 SHOBERG, KARI 4538 wf 105164 06/02/06 HAAG, MARK 1,857.35 wf 105165 06/021/06 NADEAU, EDWARD 3,061.98 wf 105166 06/02/06 GLASS, JEAN 1.868.83 wf 105167 06, HER, PHENG 133.20 wf 105168 06/02/06 NAGEL, BROOKE 325.95 wf 105169 06/02/06 SIMPSON, JOSEPH 148.00 wf 105170 06/02/06 TOLBERT, FRANCINE 324.00 wf 105171 06/02/06 VELASQUEZ, ANGELA 72.00 wf 105172 06/02/06 ANDERSON, CALEB 67.11 wf 105173 06/021/06 ANDERSON, JOSHUA 15230 wf 105174 06/02/06 ANDERSON, JUSTIN 150.59 wf 105175 06, ARNEVIK, ERICA 70.00 wf 105176 06/02/06 BRENEMAN, SEAN 146.93 wf 105177 06/02/06 CLARK, PAMELA 142.80 wf 105178 06/02/06 COSTA, JOSEPH 176.05 wf 105179 06/02/06 DEMPSEY, BETH 147.00 wf 105180 06/02/06 ESTRADA, KIEL 20.00 wf 105181 06/021/06 FENGER, JUSTIN 105.26 wf 105182 06/02/06 GRANT, MELISSA 464.68 wf 105 183 06, GRUENHAGEN, LINDA 528.15 wf 105184 06/02/06 HAGSTROM, EMILY 129.51 35 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 0. CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 105185 06, HOLMGREN, LEAH 113.75 wf 105186 06102/06 IRISH, PETER 63.38 wf 105187 06/02106 JOYER, MARTI 155.03 wf 105188 06102106 LEMAY, KATHERINE 265.38 wf 105189 06102/06 LUTZ, CHRISTINA 124.00 wf 105190 06102106 MCMAHON, MELISSA 368.83 wf 105191 06/02106 MELLEN, CHRISTOPHER 67.50 wf 105192 06102106 NWANOKWALE, MORDY 42.25 wf 105193 06, PEHOSKI, JOEL 113.40 wf 105194 06102/06 PETERSON, ANNA 68.80 wf 105195 06/02106 RICHTER, NANCY 301.75 wf 105196 06102/06 ROGNESS, TRYGGVE 18.84 wf 105197 06102/06 RYDEEN, ARIEL 20095 wf 105198 06102/06 SCHMIDT, EMILY 236.96 wf 105199 06/02106 SCHMIDT, JOHN 39.00 wf 105200 06/02/06 SCHOENECKER, SAMANTHA 20.40 wf 105201 06, SCHRAMM, BRITTANY 130.70 wf 105202 06/02/06 SCHREINER, MICHELLE 302.44 wf 105203 06/02106 SMITLEY, SHARON 427.55 wf 105204 06102/06 STAHNKE, AMY 6698 wf 105205 06102/06 TRUE, ANDREW 3650 wf 105206 06/02/06 WARNER, CAROLYN 276.65 wf 105207 06/02106 WEDES, CAROL 147.00 wf 105208 06/02/06 WENZEL, SHANNON 39.00 wf 105209 06, WILLIAMS, KRISTINE 84.50 wf 105210 06/02/06 WOODMAN, ALICE 261.20 wf 105211 06/02106 ZALK, IDA 39.00 wf 105212 06102/06 BOSLEY, CAROL 330.53 wf 105213 06102/06 BREITBACH, GARY 26250 wf 105214 06/02/06 FARLEY, JAMIE 28.00 wf 105215 06/02106 LEWIS, AMY 51.80 wf 105216 06/02/06 ODDEN, JESSICA 121.28 wf 105217 06, OIE, REBECCA 14.70 wf 105218 06/02/06 PARAYNO, GUAI 231.08 wf 105219 06/02106 SATTLER, MELINDA 86.25 wf 105220 06102/06 STODGHILL, AMANDA 10.13 wf 105221 06102/06 VAN HALE. PAULA 15355 wf 105222 06/02/06 WADE, MARY -LEE 129.38 wf 105223 06/02106 ZAGER, LINNEA 76.88 wf 105224 06/02/06 BALDWIN, JANA 38.85 wf 105225 06, BERLIN, SARAH 232.75 wf 105226 06/02/06 BIRKHOLZ, TYLER 82.55 0. CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 487,693.13 37 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 105227 06, DOUGLASS, TOM 1,24734 wf 105228 06102106 EVERSON, KYLE 82.55 wf 105229 06/02106 GADOW, ANNA 57.15 wf 105230 06102!06 O`GRADY, VICTORIA 27.80 wf 105231 06/02/06 OLSON, CHRISTINE 86.45 wf 105232 06102106 SCHULZE, KEVIN 152.40 wf 105233 06/02106 THEESFELD, CALEB 55.60 wf 105234 06/02/06 VANG, HUE 73.15 wf 105235 06, VANG, KAY 192.85 wf 105236 06/02/06 VANG, TIM 88.80 wf 105237 06/02106 VUE, LOR PAO 86.45 487,693.13 37 Agenda Item 12 MEMORANDUM To: Greg Copeland, Interim City Manager From: Karen Guilfbile, City Clerk Date: June 5, 2006 Re: Temporary Gambling Resolution Introduction Thomas Nikolas has submitted an application for temporary gambling on behalf of the Maplewood Athletics Association who will be hosting a Cadillac Dinner for the North East Men's Club at Gulden's Restaurant. The event will be held on September 18, 2006 from 6:00 p.m. to 10:00 p.m. Funds raised will be donated to St. Bernard's School for various school programs and also donations will be made to the Girl Scouts and Boy Scouts. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Maplewood Athletics Association, to be held at Gulden's Restaurant, 2999 North Highway 61, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said pen application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Approve the above resolution for temporary gambling. Agenda Item 13 MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: June 5, 2006 for the June 12, 2006 City Council Meeting SUBJECT: Thermo -Dyne, Inc. INTRODUCTION The Maplewood Community Center experienced compressor problems in mid January 2006. Thermo - Dyne, Inc. was contacted as the city's HN.A.C. service technician to determine the extent of the repair and service required. The analysis by Thermo -Dyne, Inc. was that the compressor needed to be replaced. The initial payment to Thermo -Dyne, Inc. was for $8,424.74. During the past five months staff has renegotiated the payment and requested and received a reduction of $2,682 making a final balance due of $5,742.74. BACKGROUND The Maplewood Community Center has two compressors with each providing different functions. The compressors are used to cool, heat and dehumidify the air as well as heat the pool water. One of the two compressors was found to be in disrepair and replaced in mid January 2006. Chief building engineer Larry Farr coordinated the replacement process of the compressor and during the past five months has renegotiated the invoices as he "argued" that the city was overcharged for the services. The compressor is now online and has been working effectively since February 1, 2006. RECOMMENDATION Staff recommends that the city council pay Thermo -Dyne, Inc. and approve the installation of the compressor at the Maplewood Community Center in the reduced amount of $5,742.74 with the monies to be paid from the M.C.C.'s Equipment Repair budget. kph \thermo dyne inc.mcc Enclosure APR. 25,2006 11:05AM Thermo-Dyne, Inc. 14149 - 21St Avenue North FlYM0uth,MN 55447 USA (763) 557-4900 Fax; (763) 557-4916 Invoice Invoice #-, 34795 Date: 1/31/2006 Maplewood Corntnunity Center 100 White Bear Avenue Maplewood, MN 55109 Maplewood Community Center 2 100 White Bear Avenue Maple-wood, MN REMIT PAYMENT TO: s u b t o t a l ; 1; $8,42 Thcrtrto-Dyne, Inc, C01W.L ry Tax; Purchas Order,,: Larry Farr Credit Ternm- Net 30 CB-0113 - T tob. J30 j Itein Description Quantity Price Ainotnif I Checked out the unit/FQund bad compressor/Repair and 07 $0,00 Page replacement is needed/Advised personnel of details TOTA-L DUE:1 som 2 Phone 651-755-3098 Cellphone 612-9670468 Larry Farr Cellphone 0,00 $0.00 651-755-3098 50.00 3 REPLACED COMPRESSOR AND CHECKED 0 00 $0.00 OPERATION/INSTALLED NEW SUCTION AND LIQUID LINE $0= DRIERS/COMPLETED CHECKOUT OF UNIT OPERATION 4 Found bad return air fan contactor coil and toggle switch repair 0.00 $Uo needed /Customer will repair. WOO 5 Installed new transformer, crankcase heaters, fuses and chocked all 0.00 $0,00 $0.00 unit controls. 6 Installed new oil pressure switch found bad on #1 compressor, leak 0.00 $0.00 $0.00 checked circuit and added 150# R-22 to circuit, changed dirty filters, replaced supply air bearing found bad, gave quote to replace shaft and bearings on the supply fan and change return a 7 8 Labor Truck Charge 70-50 $92.00 56,486.00 9 Truck Charge 1.00 $30.00 $30,00 10 Truck Charge 1-00 $30-00 $30-00 11 Truck Charge 1.00 $30.00 $30.00 12 Truck Charge 1,00 $30.00 $30.00 13 Truck Charge 1100 $30.00 $30.00 14 Truck Charge 1100 $30.00 $34.00 15 Truck Charge 1,00 $30.00 $30.00 16 Refrigerant 1.00 $30.00 $30.00 17 Environmental Complian Fee 150.00 $4.70 $690.00 18 Evacuation Fee 1.00 $6.00 $6.00 19 Refrigerant Recovery 1.00 $30.00 $30,00 20 Shop Supplies 1.00 $30.00 $30= 21 Miscellaneous Parts 1.04 $15,33 $15,00 1.00 $927.74 $927.74 REMIT PAYMENT TO: s u b t o t a l ; 1; $8,42 Thcrtrto-Dyne, Inc, C01W.L ry Tax; $0.00 CB-0113 State Tax. P.O. Box 1164 City Tax: $0,00 Minneapolis, MN 55480-1164 County Tax: $0,00 Ot T ax. x. $0.00 Page TOTA-L DUE:1 58,424,74 NO. 3400 P. 3 5 7V2p7q Thermo-Dyne, Inc. Invoice 14149 - 21St Avenue North Plymouth, MN 55447 USA Invoice #: 35122 (763) 557-4900 Fax: (763) 557-4916 Date: 412112006 Maplewood Community Center Maplewood Community Center 2 100 White Bear Avenue 2 100 White Bear Avenue Maplewood, MN 55109 Maplewood, MN 55109 I ATTN: Purchase Order #: L,Farr#34795 Credit Terms: Net 30 Job: m 1 Labor (replacement of failed warranty compressor) -14.00 $92.00 ($1,288.00) 2 Truck Charge -2,00 $30.00 ($60.00) 3 Credit applied against invoice 34795 0.00 $0.00 $0.00 REMIT PAYMENT TO Subtotal: ($1,348.00) I : Thermo-Dyne, Inc. Country Tax:! $0.00 State Tax $0.00 CB-0113 City Tax:,! $0.00 P.O. Box 1164 County Tax:1 $0.00 Minneapolis, MN 55480-1164 Other Tax, $0.00 i Page I TOTAL DUE:i ($1,348.00): Thermo-Dyne, Inc. 14149 - 21St Avenue North Plymouth, NIN 55447 USA (763) 5574900 Fax: (763) 557-4916 Maplewood Community Center 2 100 White Bear Avenue Maplewood, NfN 55109 ATTN: Invoice 3:5122 Date: 412112006 0 C �"_, , + REMIT PAYMENT TO- S u b t o t a l : ($1,348.00 Thermo-Dyne, Inc. Country Tax- 50.00 CB -01 State Tax: 1 $0.00 P.O. Box 1164 City Tax I 50.00 Minneapolis, MN 55480-1164 County Tax: $0,00 Other Tax: 5 Page I TOTAL DUE:� *;3 . a o444)",45 Uk C V , Maplewood Community Center 21 White Bear Avenue Maplewood, IVIN 55109 Agenda Item 14 MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: June 5, 2006 for the June 12, 2006 City Council Meeting SUBJECT: Del Mahr Academy Approximately two months ago parks and recreation staff was approached by individuals interested in establishing a new charter /private school regarding space needs at the Maplewood Community Center. The representatives from Del Mahr Academy are proposing to offer a full academic program for preschool through eighth grade with both half -day and full -day kindergarten options beginning in September 2006. 1 have attached background information outlining the objectives and goals for Del Mahr Academy. BACKGROUND The Maplewood Community Center serves hundreds of rental groups on an annual basis. The MCC has always been actively marketing the facility to expand our rental base from both a public /private and nonprofit perspective. The concept of utilizing the Maplewood Community Center as a home base for a private charter school has been an option we have been aware of and exploring for a number of years. Del Mahr Academy is proposing to utilize three rooms at the community center, which would be the arts and crafts room on the first floor, the coat room, and the lounge overlooking the pool as their primary classroom spaces. In addition, the Academy is proposing to utilize the gym, locker rooms and pool facilities. The concept is in its infantile stage, but at this time the rates being discussed for rental of the spaces as outlined would be $3,350 per month for an eight- to ten -month period. Representatives from Del Mahr Academy are looking for "preliminary approval' from the city to begin promoting the MCC as their school site for the 2006 -07 school year. Based on our meetings and discussions to date, staff recommends that we continue our formal discussions with Del Mahr Academy with the projected outcome to be a lease agreement between the Maplewood Community Center, i.e., the city and Del Mahr Academy for the 2006 -07 school year based on the $3,350 per month basis. Staff proposes that the arrangements with Del Mahr Academy be no different than any other rental agreement that we do on a daily basis. This would be somewhat more expansive and complex, as there would be transportation issues, lunch issues, pool, gym and equipment usage, i.e., copiers, phones, etc. As time is of the essence, staff is looking for city council approval to proceed developing a formal lease agreement that would be presented to the council at either the next meeting or final meeting in July. Based on our negotiations and discussions to date, staff believes that this would be a positive rental /lease agreement for the MCC and provide additional revenue that would be beneficial to the MCC and the needs, goals and objectives of Del Mahr Academy and the city would be complimentary. RECOMMENDATION Staff recommends that the city council direct staff to develop a formal lease agreement with Del Mahr Academy for the 2006 -07 school year based on a minimum of $3,350 per month agreement with the details and day -to -day working accommodations to be continually evaluated and resolved at staff level. It is envisioned that this formal lease agreement will be reduced to writing and brought before the city council for formal approval no later than August 1, 2006. kph \del mahr academyZmcc Enclosure 61 WELCOME TO DEL MAHR ACADEMY A EXCEPTIONAL FOP, EXCEPTIONAL STUDENTS ACADEMICS What grade levels does Del Mohr Academy offer? Del Mohr Academy offers a full academic program for preschool through eighth grade. Our kindergarten program has both half-day and full-day options for five year olds. The Three Phases of Classical Education K-6 (Grammar) - Acquire knowledge and skills in reading, language, math, history, science, music and art. 7-8 (Logic) - Expand the subjects from above to include formal logic, advanced math, writing, the Great Books, and core sciences, 9-12 (Rhetoric) - Expand the above subjects to include advanced communication, philosophy, theology, and modern languages. DelMohr emphasizes three teaching methods: • Didactic*. Imparting of information to increase knowledge • Socratic; Guided questions to lead the student to understanding • Coaching Hands on practice to develop skills Why is your kindergarten academic? Del Mohr Academy is proud of its academic focus. Students are here to learn and each grade prepares for the next. It is our goal that all first graders enter the year with the ability to read and do simple arithmetic. We would not be able to achieve this without an academic kindergarten. What is the student-teacher ratio? Del Mohr Academy's general policy is to have no more than sixteen students per class. This low 16.1 ratio is very beneficial to the 3 WELCOME TO DEL MAHR ACADEMY A EXCEPTIONAL FOP, EXCEPTIONAL 5TUOENTS students in that it allows significant personal attention from our teachers. How rigorous is your program? Do children need to be talented and gifted to attend here? We believe in setting standards that will stretch students to reach their fullest potential -intellectually and spiritually. We regret that it is too often the case that "Christian school" and "academic rigor" do not live under the same roof. At Del Mahr Academy we are committed to an instructional program that promotes both academic excellence and spiritual depth. That being said, most students adjust well to Del Mahr. [)elMahr Academy serves many students with a range of academic abilities. Work ethic, rather than intelligence, is the more critical factor toward success. Students hit the ground running at 7.50 a.m. and work hard until 3:50 p.m. Those who stay on task do fine and have minimal homework. Those who use their time less wisely have more homework. Any hard-working student will thrive. Is tutoring available? DelMahr does not sponsor any formal tutoring program. Teachers are under no obligation to tutor, but have the right to tutor individual students if they desire. Parents are kept apprised of student performance regularly and frequently. Report cards are issued quarterly. Mid-quarter progress reports are also issued. Do classes go on field trips? Yes, we will schedules multiple field trips during the school year. rd WELCOME TO DEL MAHR ACADEMY A EXCEPTIONAL FOP, EXCEPTIONAL STUDENT5 Why do you teach logic? Logic is the foundation of all analytic thinking. By studying the formal principles of logic, students are prepared to critically dissect the assumptions, statements, and conclusions of any subject. We live in a complex world with a broad spectrum of worldviews. We want our students to be able to rationally appraise any argument they encounter. Why do you teach subjects such as Egyptian and Middle Age history in the elementary grades? In classical schools, the focus is more on how to learn rather than what to learn. Thus, classical schools choose specific sub-topics to build skills for studying the subject as a whole. For instance, we use Latin to teach the skills for mastering any foreign language. In history, we use Western Civilization to teach the skills for studying any epoch of history. In order to properly prepare students for upper-level work in Western Civilization, the significant names, dates, places, and people of Western Civilization, must be mastered in elementary school. How do you handle combined grades? In order to meet our educational objectives for each grade in our multi-age setting, a variety of arrangements are used. First, students in mathematics are always grouped by ability. In the lower grades, this is also true for reading. Some subjects are offered on rotations. For instance, American history may be taught one year and European history the next, so that a student will receive both classes over any two-year period. In some subjects, such as grammar, the curriculum is designed to be mastered on two passes over two years. Students in the combined class are expected to perform to a certain level on the first pass and to a higher level on the second pass. 5 WELCOME TO DEL MAHR ACADEMY A EXCEPTIONAL FOP, EXCEPTIONAL STUDENTS Is your school associated with a denomination or area church? We are a nonaffiliated and nondenominational school. We are a distinctively Christian institution that is committed to the Word of God, the Bible, as the foundation and guide for all we do, but we are not associated with any particular denomination or local church. We draw students f rom a wide-variety of area churches. Is Del Mahr Academy accredited with any organization? We have joined the Association of Classical and Christian Schools and are taking steps to meet the accrediting requirements of this organization. Accreditation will likely take several more years. STUDENT LIFE Do you have extra -- curricular activities and a sports program? Extracurricular activities are offered on the basis of parent and student interest and, therefore, will vary from year to year. What kind of lunch program do you offer? Students have the option to purchase subs, hambugers, tacos or week, and pizza once a week. Prices are reasonable. Students bring bag lunches on other days. A microwave is available to heat food brought from home. Is it hard to adjust to a small school? Student adjustment varies with the personality of the student. Our students generally enjoy the small, family atmosphere of our school. 1.1 WELCOME TO DEL MAHR ACADEMY A EXCEPTIONAL FOR EXCEPTIONAL STUDENTS Is public school bus transportation available to my children? Busing is available for families that live in the North St. Paul Maplewood School Districts. I)ress- DelMahr students wear an approved academy uniform. • Boys - tan pants, white oxf ord shirt, navy blue sweater • Young girls -Plaid jumper, white oxford shirt, navy sweater • Older girls -plaid skirt, white oxford shirt, navy sweater. A Christ-centered environment is maintained through high expectations of excellent behavior and virtuous character nurtured by structure and discipline. Intelligence Plus Character The Importance of Classical Christian Education "Education which stops with efficiency may prove the greatest menace to society... We must remember that intelligence is not enough, Intelligence plus character—that is the goal of true education." Chuck Colson On Classical Education "If you treat an individual as he is, he will remain as he is. But if you treat him as if he were what he ought to be and could be, he will become what he ought to be and could be." – Goethe 7 2006-2007 Tuition and Fees Annual tuition includes the cost of instruction and books. o Half-Day Kindergarten - $4200 o Full-Day Kindergarten - $6000 o Grades 1-6 - $6300 Grades 7-8 - $ 69002006-2007 Tuition and Fees Annual tuition includes the cost of instruction and books. • Half-Day Kindergarten - $4200 • Full-Day Kindergarten - $6000 • Grades 1-6 - $6300 • Grades 7-8 - $6900 • Grades 9-12 - $7700 Registration Fee A non-refundable $100 registration fee per returning student or a $150 registration fee per new student is due with the registration form. Tuition Commitment New families must pay a $500, non-refundable deposit per student upon acceptance to hold their child's position in the class. This will be credited toward the first monthly payment. Family Discounts 8 The full tuition is charged for the oldest student it the family. The tuition of each younger student is discounted by $500. This discount applies only to full-time students. Lump Sum Discount For those families electing to pay tuition in full by June 1st, we will deduct $200 per child enrolled. Again, this discount applies only to full-time students. c) Grades 9-12 - $7700 Registration Fee A non-refundable $100 registration fee per returning student or a $150 registration fee per new student is due with the registration form. Tuition Commitment New families must pay a $500, non-refundable deposit per student upon acceptance to hold their child's position in the class. This will be credited toward the first monthly payment. Family Discounts The full tuition is charged for the oldest student in the family. The tuition of each younger student is discounted by $500. This discount applies only to full-time students. Lump Sum Discount For those families electing to pay tuition in full by June 1st, we will deduct $200 per child enrolled. Again, this discount applies only to full-time students. 9 DelMahr Academy INCOME STATEMENT 2006 Month July Aug Sept Oct REVENUE Tuition Grade 1 Grade 2 Grade 3 Grade 4 Grade 5 Grade 6 Grade 7 Grade 8 Program and Other Revenue Other Revenue Total Revenue OPERATING EXPENSES Employee Related Facilities Advertising, Promo, Bus Dev, Administration Total Expenses - 4,160 2,912 - - 3,120 2,184 - - 4,160 2,912 - - 3,120 2,184 - - 1,560 1,092 - - 1,560 1,820 - - 1,560 1,820 - - 1,560 1,820 980 1,127 6,250 - 980 1,127 27,050 12,638 3,355 270 1,153 17,417 12,638 3,355 270 1,153 17,417 12,638 3,355 270 1,153 17.417 17,417 Operating Income (16,437) (16,290) 9,633 (673) Interest Expense - - Interest 0% Depreciation/Amort 7 7 Net Income 1 (16,437) (16,290) 9,627 (679) 12,638 3,355 270 1,153 ift Classical Content: The Three Phases of Classical Education K-6 (Grammar) - Acquire knowledge and skills in reading, language, math, history, science, music and art. 7-8 (Logic) - Expand the subjects from above to include formal logic, advanced math, writing, the Great Books, and core sciences. 9-12 (Rhetoric) - Expand the above subjects to include advanced communication, philosophy, theology, and modern languages. Teaching Methods: DelMahr emphasizes three teaching methods. • Didactic: Imparting of information to increase knowledge • Socratic: Guided questions to lead the student to understanding • Coaching: Hands on practice to develop skills • Academy Operation, The academy is governed by the Board of Education and parents. The Head of the Academy operates the school on a day-to-day basis. She is assisted by a business manger, administrative assistant and marketing and development director. Dress: DelMahr students wear an approved academy uniform. • Boys -tan pants, white oxford shirt, navy blue sweater • Young girls -Plaid jumper, white oxford shirt, navy sweater • Older girls -plaid skirt, white oxford shirt, navy sweater. A Christ-centered environment is maintained through high expectations of excellent behavior and virtuous character nurtured by structure and discipline. 11 Agenda Item 15 AGENDA REPORT TO: Greg Copeland Interim City Manager FROM: Sherrie Le Human Resource Director RE: HIPAA Compliance DATE: May 22, 2006 BACKGROUND In April of 2004, the City was required to ensure that our covered health plans (employee health and dental, long -term care, employee assistance, retiree health savings, the police and fire fitness plan and the healthcare flex plan) comply with HIPAA (Health Insurance Portability & Accountability Act). One of the primary purposes of HIPAA is to protect the privacy of participants of healthcare plans. Compliance required the development of a large number of policies and procedures, designation of a privacy officer, declaration of the City's intent to comply with HIPAA for the City's covered health plans, amendment of a number of outside service agreements requiring the contractors to comply with HIPAA, revision of health plan documents by the City and its service providers, and adoption of a notice of privacy practices. We recently adopted another health plan (High Deductible Health Plan HRA) which is to become part of our existing organized healthcare arrangement. We have also adopted additional retiree health savings plans. 1 have amended our HIPAA Policy and Procedures and Notice of Privacy Practices to comply. RECOMMENDATION It is recommended that the City Council approve the attached Resolution and amended policies and procedures to comply with HIPAA. RESOLUTION NO. 2006 - A RESOLUTION ACKNOWLEDGING THE CITY OF MAPLEWOOD'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT WHEREAS, the City Council of the City of Maplewood is the official governing body of the City of Maplewood; and, WHEREAS, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that all health plans implement regulations for the purposes of ensuring the portability of health care coverage when moving to a new job, reducing paperwork by conducting electronic payment transactions, and securing the privacy of individual protected health information; and WHEREAS, the City of Maplewood, in limited functions, acts as health plans for employees and is therefore subject to HIPAA regulation; and WHEREAS, HIPAA regulations require that the City designate itself as a covered entity; and WHEREAS, the City is required to develop internal policies and procedures to carry out all HIPAA regulations; and WHEREAS, the City must name a Privacy and Complaint Official to respond to HIPAA-related questions or grievances for our covered employee health plans; and WHEREAS, HIPAA regulations require that the City provide affected health plan participants with a Notice of Privacy Practices, informing them of their privacy rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD IN REGULAR MEETING ASSEMBLED, that the City hereby amends the Organized Health Care Arrangement to include: Health Care Flex Plan — Medical Reimbursement Portion, Retiree Health Savings Plans, Long Term Care Insurance, Health and Dental Insurance, Employee Assistance Plan, Health Reimbursement Arrangement, and the Police and Fire Fitness Plan; and BE IT FURTHER RESOLVED that the City hereby adopts the revised City of Maplewood's Privacy of Protected Health Information Policies and Procedures; and BE IT FURTHER RESOLVED that, in compliance with HIPAA regulations, the City hereby adopts the City of Maplewood Notice of Privacy Practices as updated May 22, 2006 HIPAA Protected Health Information Policy and Procedures Manual; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a copy of this Resolution to be published in the official newspaper of the City. Passed and adopted this day of 2006. Mayor ATTEST: City Clerk CITY OF MAPLEWOOD ORGANIZED HEALTH CARE ARRANGEMENT NOTICE OF PRIVACY PRACTICES Effective May 22, 2006 This Notice Describes How Medical Information About You May Be Used and Disclosed and How You Can Get Access To This Information. Please Review It Carefully. If you have any questions about this notice, please contact the Privacy Officer: Human Resource Director City of Maplewood 1830 County Road B East (651) 249-2053 (651) 249-2059 (fax) sherrie.le@ci.mapiewood.mn.us Who Will Follow This Notice This notice describes the medical information practices of the City of Maplewood organized health care arrangement ("OHCA'� and third parties that assist in the administration of OHCA Plan. For purposes of HIPAA and this notice, the OHCA includes the following: • Maplewood Retiree Health Savings Plan • Employee Health and Dental Insurance Plans • Long-term Care Insurance • Police and Fire Fitness Program • Employee Assistance Plan • Healthcare Flex Plan (Medical Reimbursement Portion) • Healthcare Reimbursement Arrangement (HRA) Our Pledge Regarding Medical Information We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. This notice applies to all of the medical records maintained by an OHCA Plan. Your personal doctor or health care provider may have different policies or notices regarding the doctor's use and disclosure of your medical information created in the doctor's office or clinic. This notice tells you about the ways in which we may use and disclose medical information about you. It also describes our obligations and your rights regarding the use and disclosure of medical information. We are required by law to: • make sure that medical information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to medical information about you; and follow the terms of the notice that are currently in effect. How We May Use and Disclose Medical Information About You The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures, we will explain what we mean and present some examples. These examples are not exhaustive. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. Please note: In most instances, how information is used and disclosed has not changed. The descriptions reflect how the Health Plans that make up the OHCA have traditionally operated. For Treatment (as described in applicable regulations). We may use or disclose medical information about you to facilitate medical treatment or services by providers. We may disclose medical information about you to providers, including doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you. For Payment (as described in applicable regulations). We may use and disclose medical information about you to determine eligibility for benefits, to facilitate payment for the treatment and services you receive from health care providers, to determine benefit responsibility under an OHCA Plan, or to coordinate OHCA Plan coverage. For example, we may tell your health care provider about your medical history to determine whether a particular treatment is experimental, investigational, or medically necessary or to determine whether the OHCA Plan covers the treatment. We may also share medical information with a utilization review or pre - certification service provider. Likewise, we may share medical information with another entity to assist with the adjudication (legal actions) or subrogation (third party reimbursements) of health claims or to another health plan to coordinate benefit payments. For Health Care Operations (as described in applicable regulations). We may use and disclose medical information about you for other OHCA Plan operations. These uses and disclosures are necessary to run the OHCA Plan. For example, we may use medical information in connection with: conducting quality assessment and improvement activities; underwriting, premium rating, and other activities relating to OHCA Plan coverage; submitting claims for stop - loss (or excess loss) coverage; conducting or arranging for medical review, legal services, audit services, and fraud and abuse detection programs; business planning and development such as cost management; and business management and general OHCA Plan administrative activities. As Required By Law. We will disclose medical information about you when required to do so by federal, state or local law. For example, we may disclose medical information when required by a court order or subpoena. To Avert a Serious Threat to Health or Safety. An OHCA may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. However disclosure would be limited to someone able to help prevent the threat. Special Situations Disclosure to Health Plan Sponsor. Information may be disclosed to another health plan for purposes of facilitating claims payments under that plan. In addition, medical information may be disclosed to designated City of Maplewood personnel solely for administering benefits under the OHCA Plan. Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority. Workers' Compensation. We may release medical information about you for workers' compensation or similar programs. These programs provide benefits for work - related injuries or illness. Public Health Risks. We may disclose medical information about you for public health activities. These activities generally include the following: • to prevent or control disease, injury or disability; to report births and deaths; • to report reactions to medications or problems with products; • to notify people of recalls of products they may be using; • to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; to notify the appropriate government authority if we believe an individual has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law. Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws. Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. Law Enforcement. We may release medical information if asked to do so by a law enforcement official: in response to a court order, subpoena, warrant, summons or similar process; • to identify or locate a suspect, fugitive, material witness, or missing person; • about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement; • about a death we believe may be the result of criminal conduct; and in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime. Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about patients of the hospital to funeral directors as necessary to carry out their duties. National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution. Your Rights Regarding Medical Information About You You have the following rights regarding medical information we maintain about you: Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your OHCA Plan benefits. To inspect and copy the medical information that may be used to make decisions about you, you must submit your request in writing to the Privacy Officer. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request. We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the OHCA Plan. To request an amendment, your request must be made in writing and submitted to the Privacy Officer. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: • is not part of the medical information kept by or for the OHCA Plan; • was not created by us, unless the person or entity that created the information is no longer available to make the amendment; • is not part of the information which you would be permitted to inspect and copy; or is accurate and complete. Right to an Accounting of Disclosures. You have the right to request an "accounting of disclosures" where such disclosure was made for any purpose other than treatment, payment, or health care operations. To request this list of accounting of disclosures, you must submit your request in writing to Privacy Officer. Your request must state a time period which may not be longer than six years and may not include dates before April, 2004. Your request should indicate in what form you want the list (for example, paper or electronic). The first list you request within a 12 month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had. We are not required to agree to your request. To request restrictions, you must make your request in writing to the Privacy Officer. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse. Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the Privacy Officer. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted. Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. You may obtain a copy of this notice on the S -drive under Human Resources. To obtain a paper copy of this notice, contact the Privacy Officer or any Human Resource Department employee. Changes to This Notice We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on the City's S- drive. The notice will contain on the first page, in the top right hand corner, the effective date. Complaints If you believe your privacy rights have been violated, you may file a complaint with the OHCA Plan or with the Secretary of the Department of Health and Human Services. To file a complaint with the OHCA Plan, contact the Privacy Officer. All complaints must be submitted in writing. You will not be penalized for filing a complaint. Other Uses of Medical Information Other uses and disclosures of medical information not covered by this notice or the other applicable laws will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you. HIPAA POLICIES & PROCEDURES AND ADMINISTRATIVE FORMS TABLE OF CONTENTS 1. HIPAA Privacy Policies & Procedures Overview (Policy & Procedure) 2. HIPAA Privacy Officer (Policy & Procedure) 3. Notice of Privacy Practices (Policy & Procedure) a. Notice of Privacy Practice for Organized Health Care Arrangement (Administrative Form) 4. Use of Disclosure of PHI for TPO Purposes (Policy & Procedure) 5. Minimum Necessary Standard (Policy & Procedure) 6. Individual`s Rights to Access and Copy PHI (Policy & Procedure) a. Request to Access Own PHI (Administrative Form) b. Grant of Request to Access Own PHI (Administrative Form) C. Notification of Additional Time to Respond to Access to Own PHI (Administrative Form) d. Denial of Request to Access Own PHI (Administrative Form) e. Access Request Tracking Log (Administrative Form) 7. Amendment of PHI (Policy & Procedure) a. Request for Amendment of PHI Request (Administrative Form) b. Grant of Amendment of PHI Request (Administrative Form) C. Notification of Additional Time to Respond to Amendment of PHI (Administrative Form) d. Denial of Request for Amendment of PHI (Administrative Form) e. Notice to Others of Amendment of PHI (Administrative Form) f. Requestor's List of Person's or Entities to Be Notified of Amendment (Administrative Form) g. Amendment Request Tracking Log (Administrative Form) 8. Accounting of Disclosures of PHI (Policy & Procedure) a. Request for An Accounting of Disclosures (Administrative Form) b. Accounting of Disclosures of PHI (Administrative Form) C. Notification of Additional Time to Respond to Accounting Request (Administrative Form) d. Notification of Charges for Second Request in 12 Month Period (Administrative Form) e. Accounting Request Tracking Log (Administrative Form) f. Disclosure Tracking Log (Administrative Form) 9. Verification Prior to Disclosure of PHI (Policy & Procedure) a. Disclosure Tracking Log (Administrative Form) 10. Individual Requested Restrictions of Use or Disclosure of PHI (Policy & Procedure) a. Request to Restrict Certain Uses and Disclosures (Administrative Form) b. Response to Request to Restrict Certain Uses and Disclosures (Administrative Form) 11. Individual Requested Restrictions on Confidential Communications (Policy & Procedure) a. Request for Confidential Communications (Administrative Form) b. Restricted Uses and Confidential Communication Request Tracking Log (Administrative Form) 12. Privacy Complaint Procedure (Policy & Procedure) a. Privacy Complaint Form (Administrative Form) b. Response to Privacy Complaint (Administrative Form) C. Complaint Tracking Log (Administrative Form) 13. Authorization for Use or Disclosure of PHI (Policy & Procedure) a. Authorization for Use or Disclosure (Administrative Form) 14. Revocation of an Authorization (Policy & Procedure) a. Revocation by Subject of Protected Health Information (Administrative Form) 15. Business Associates and Business Associate Agreements (Policy & Procedure) 16. Retention of PHI Documentation (Policy & Procedure) 17. HIPAA Privacy Training Program (Policy & Procedure) a. Acknowledgment of Training Attendance (Administrative Form) 18. Personal Representative (Policy & Procedure) a. Designation of Personal Representative (Administrative Form) 19. Coordination with Other Laws (Policy & Procedure) 20. Disclosures to Plan Sponsor (Policy & Procedure) 21. Duty to Mitigate (Policy & Procedure) 22. Discipline Policy (Policy & Procedure) 23. Administrative Safeguards (Policy & Procedure) 1. Computer Terminals /Workstations (Policy & Procedure) 2. Electronic Mail System (E -mail) (Policy & Procedure) 3. Facsimile Machines (Policy & Procedure) 4. Copy Machines (Policy ykProcedure) 5. Mail —InternO| and External (Policy &Procedure) 6. Storage of Documents (Policy & Procedure) HIPAA Privacy Policies and Procedures Overview Policy Statement HIPAA requires covered entities to have policies and procedures reflecting HIPAA's privacy mandates. The Health Plan, as a covered entity, has developed administrative policies and procedures reflecting the Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations. 1 - 1 I C U", T W7, T i M . • HIPAA Policies and Procedures 1. HIPAA requires covered entities to have policies and procedures to ensure compliance with HIPAA's regulations. A health plan is a "covered entity" under HIPAA. Consequently, the Health Plan is responsible for the research, development, implementation, monitoring and maintenance of the Health Plan's HIPAA privacy policies and procedures. Health Plan 2. HIPAA defines a "health plan" as an individual or group health plan that provides or pays the cost of medical care, including, but not limited to, employee welfare benefit plans covered by ERISA, health insurers, HMOs, group health plans, and many public benefit programs (Medicaid, Medicare, etc.). Revisions to HIPAA Policies and 3. The Health Plan's HIPAA privacy policies and procedures Procedures may be revised at any time, in order to comply or enhance compliance with HIPAA. Distribution of Revisions to 4. Any revisions to the Health Plan's HIPAA privacy policies HIPAA Policies and Procedures and procedures will be distributed to individual's family members, representatives, employees, business associates, etc., within five (5) working days of the release of such revisions. Policy Inquiries 5. Inquiries relative to HIPAA policies and procedures should be directed to the HIPAA Privacy Officer. Specific Policies and Procedures 6. The Health Plan's specific policies and procedures have been created in order to satisfy HIPAA's requirements. Organized Health Care 7. HIPAA recognizes Organized Health Care Arrangements Arrangement (OHCA) (OHCAs). An OHCA can exist when an employer sponsors more than one health plan that is a covered entity. Being part of an OHCA allows the covered entities to satisfy the HIPAA privacy requirements together, as if they are a single covered entity. The following covered entities are designated as an OHCA: City of Maplewood Healthcare Flex Plan (Reimbursement Portion) Employee Health and Dental Insurance Plans Long -term Care Insurance Employee Assistance Plan Police and Fire Fitness Program Maplewood Retiree Health Savings Plan Maplewood Health Reimbursement Arrangement For purposes of these HIPPA privacy policies and procedures, "Health Plan" means the OHCA designated above. Third Party Service Providers 8. Nothing precludes the Health Plan from contracting with a third party service for assistance in complying with the Health Plan's HIPPA privacy policies and procedures. Other Laws 9. In addition to HIPAA, covered entities may be subject to other laws that address the privacy of health information, including, but not limited to, the Minnesota Data Practices Act. HIPPA establishes a floor — the minimum requirements with which a covered entity must comply. To the extent the requirements of any other law provide more protection to the subject of the health information, those requirements will apply. Record Retention 10. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 11. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPPA. If you have a question or concern about your HIPAA rights contact the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 12. Violations of this policy will be subject to discipline. Effective Date 13. April 14, 2004 References: 45 C.F.R. § 164.501 HIPAA Privacy Officer Policy Statement A HIPAA Privacy Officer has been designated by this Health Plan to be responsible for the development and implementation of this Health Plan's HIPAA policies and procedures. • • • • • - F-Woul Appointment of HIPAA Privacy 1. The Health Plan has appointed the Human Resource Officer Director, as the Health Plan's HIPAA Privacy Officer. HIPAA Privacy Officer's 2. The HIPAA Privacy Officer's responsibilities include: Responsibilities a. Assisting management in the development, implementation, and updating of the Health Plan's HIPAA policies and procedures; b. Performing periodic privacy risk assessments; c. Development of security procedures and guidelines for the protection of the Health Plan's information systems; d. Assisting management in the assigning of passwords and user identification codes for access to protected health information (PHI) by authorized users; e. Receiving complaints concerning the Health Plan's HIPAA policies and procedures; f. Receiving complaints concerning the Health Plan's compliance with its established policies and procedures; g. Maintaining a complaint tracking log; h. Assisting in obtaining use and disclosure of PHI authorizations; i. Assisting in the development of training materials and training to ensure that relevant staff are well trained in matters relating to the use and disclosure of protected health information (PHI); j. Providing staff, individuals, business associates, government agencies etc., with information relative to the Health Plan's HIPAA policies and procedures; and k. Working with the Health Plan's legal counsel on matters relative to HIPAA. Delegation 3. The HIPAA Privacy Officer may delegate certain job functions to be performed by other individuals; however, the ultimate responsibility for compliance with HIPAA remains with the HIPAA Privacy Officer. Record Retention 4. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 5. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 259 -2053. Violations 6. Violations of this policy will be subject to discipline. Effective Date 7. April 14, 2004. References: 45 C.F.R. § 164.530(a) Notice of Privacy Practices Policy Statement Each individual that is the subject ofProtected Health Information (PHI) must receive Notice ufPrivacy Practices (NPP) describing (1) the uses and disclosures of his/her PHI that may be made by or on behalf of the Health Plan, (2) the individual's rights, and (3) the Health P|oniS legal duties with respect h3the individual's PHI. Issue of NPP Individuals who are covered under the Health Plan will be provided with a copy of the Health Plan's NPP; Content of NPP 2. NPPs must be prepared in easy to read language and contain, as a minimum, the following elements: m. A statement indicating how medical information about the individual may be used and di3d0S8d and how the individual can obtain access bJsuch information; b. A description, including at least one example, Of the types of uses and disclosures that the Health Plan is permitted t0 make for purposes Of treatment, payment and healthcare Up8n3UOns, with sufficient detail h3 place on individual On notice Of the uses and disclosures permitted or C. A description of each nf the other purposes for which the Health Plan is permitted or required to use or disclose PHI without the individual's COn58rd or authorization, with sufficient detail to place an individual on n0[i[8 of the uses and disclosures permitted Orrequired; d. A statement that other uS88 Or disclosures will be made only with the individual's written authorization, and that the authorization may be revoked in QC[OrdBnO8 with the policy On authorization; A statement of the individual's rights with respect to his/her PHI, and a brief description of how the individual may exercise those rights, including: The right t0 request restrictions on certain uses/disclosures of PHI, and the fact that the H8a|Um Plan d083 not have to agree h3 such The right to receive confidential communications of PHI; iii. The right t0insoect and copy PHI; kc The right t0Om8ndPHI; u The right to receive an accounting Of disclosures Uf PHI; and vi. The right to receive m paper copy Of the privacy notice. f. A statement Of the Health Plan's duties with respect to PHI, including statements: i. That the Health Plan i3 required by law to maintain the privacy of PHI and to provide individuals with notice Of its |8g8| duties and privacy practices; ii. That the Health Plan is required to abide by the L8mmS Of its current effective privacy notice; and iii. That the Health Plan reserves the right to change the t8rnnS of the notice and make a new notice provision effective for all PHI maintained, along with O description of how the Health Plan will provide individuals with the revised notice. g. A statement that individuals may complain to the Health Plan and to the Secretary Of the U.S. Department 0fHealth and Human Services about privacy rights violations, including G brief StBt8mn8nL about how a complaint may be filed and an a5Sun3nC8 that the individual will not be retaliated against for filing Q complaint; h. The name, or title, and telephone number of the Health Plan's HIFY\A Privacy Officer to contact for further information; The name, telephone number and address of the person designated bv the Health Plan to receive complaints regarding the Health Plan's privacy pn]djC8S; and i The effective date 0f the NPP, which may not b8 earlier than the date printed or published. Distribution ofNPP 3. The Health Plan will distribute the NPPs at the times specified below: 8. On the Health Plan's initial compliance date; b. At the time of enrollment in the Health Plan for new enrollees; and C. Within sixty /OOl days 0fO material revision ofthe NPPtO individuals covered bv the Health Plan. 4. The NPP will be distributed nOless frequently than once every three (3) years. 5. The NPPwN| be delivered by first class U.S. Mail to the address of record On file with the Health Plan. The NPP will be addressed to the individual, spouse and all dependents covered by the Health Plan. Posting ofNPP 6 A copy of the NPP will be posted on the City of Maplewood S-drive. The HIPAA Privacy Officer is responsible for prompt distribution of changes to the privacy notice. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 8. The 0PAA Privacy Officer is responsible for the development and implementation of the HIP/V\ onkjes and procedures. The HIPAA Privacy 0ffiC8riS also the contact person for any questions or complaints regarding HIPAA. Questions Or CVnC8rnS about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays Ot(b51)Z49-ZU53. Violations 9. Violations 0f this policy will b8 subject b3discipline. Effective Date 10. April 14,20O4. References: 45C.F.R. § 164.520 CITY OF MAPLEWOOD ORGANIZED HEALTH CARE ARRANGEMENT NOTICE OF PRIVACY PRACTICES Effective May 22, 2006 This Notice Describes How Medical Information About You May Be Used and Disclosed and How You Can Get Access To This Information. Please Review It Carefully. If you have any questions about this notice, please contact the Privacy Officer: Human Resource Director City of Maplewood 1830 County Road B East (651) 249 -2053 (651) 249 -2059 (fax) sherrie.le@ci.maplewood.mn.us Who Will Follow This Notice This notice describes the medical information practices of the City of Maplewood organized health care arrangement ( "OHCA ") and third parties that assist in the administration of OHCA Plan. For purposes of HIPAA and this notice, the OHCA includes the following: Maplewood Retiree Health Savings Plan Employee Health and Dental Insurance Plans Long -term Care Insurance Police and Fire Fitness Program Employee Assistance Plan Healthcare Flex Plan (Medical Reimbursement Portion) Healthcare Reimbursement Arrangement (HRA) Our Pledge Regarding Medical Information We understand that medical information about you and your health is personal. We are committed to protecting medical information about you. This notice applies to all of the medical records maintained by an OHCA Plan. Your personal doctor or health care provider may have different policies or notices regarding the doctor's use and disclosure of your medical information created in the doctor's office or clinic. This notice tells you about the ways in which we may use and disclose medical information about you. It also describes our obligations and your rights regarding the use and disclosure of medical information. We are required by law to: make sure that medical information that identifies you is kept private; give you this notice of our legal duties and privacy practices with respect to medical information about you; and follow the terms of the notice that are currently in effect. How We May Use and Disclose Medical Information About You The following categories describe different ways that we use and disclose medical information. For each category of uses or disclosures, we will explain what we mean and present some examples. These examples are not exhaustive. Not every use or disclosure in a category will be listed. However, all of the ways we are permitted to use and disclose information will fall within one of the categories. Please note: In most instances, how information is used and disclosed has not changed. The descriptions reflect how the Health Plans that make up the OHCA have traditionally operated. For Treatment (as described in applicable regulations). We may use or disclose medical information about you to facilitate medical treatment or services by providers. We may disclose medical information about you to providers, including doctors, nurses, technicians, medical students, or other hospital personnel who are involved in taking care of you. For Payment (as described in applicable regulations). We may use and disclose medical information about you to determine eligibility for benefits, to facilitate payment for the treatment and services you receive from health care providers, to determine benefit responsibility under an OHCA Plan, or to coordinate OHCA Plan coverage. For example, we may tell your health care provider about your medical history to determine whether a particular treatment is experimental, investigational, or medically necessary or to determine whether the OHCA Plan covers the treatment. We may also share medical information with a utilization review or pre - certification service provider. Likewise, we may share medical information with another entity to assist with the adjudication (legal actions) or subrogation (third party reimbursements) of health claims or to another health plan to coordinate benefit payments. For Health Care Operations (as described in applicable regulations). We may use and disclose medical information about you for other OHCA Plan operations. These uses and disclosures are necessary to run the OHCA Plan. For example, we may use medical information in connection with: conducting quality assessment and improvement activities; underwriting, premium rating, and other activities relating to OHCA Plan coverage; submitting claims for stop -loss (or excess loss) coverage; conducting or arranging for medical review, legal services, audit services, and fraud and abuse detection programs; business planning and development such as cost management; and business management and general OHCA Plan administrative activities. As Required By Law. We will disclose medical information about you when required to do so by federal, state or local law. For example, we may disclose medical information when required by a court order or subpoena. To Avert a Serious Threat to Health or Safety. An OHCA may use and disclose medical information about you when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. However disclosure would be limited to someone able to help prevent the threat. Disclosure to Health Plan Sponsor. Information may be disclosed to another health plan for purposes of facilitating claims payments under that plan. In addition, medical information may be disclosed to designated City of Maplewood personnel solely for administering benefits under the OHCA Plan. Organ and Tissue Donation. If you are an organ donor, we may release medical information to organizations that handle organ procurement or organ, eye or tissue transplantation or to an organ donation bank, as necessary to facilitate organ or tissue donation and transplantation. Military and Veterans. If you are a member of the armed forces, we may release medical information about you as required by military command authorities. We may also release medical information about foreign military personnel to the appropriate foreign military authority. Workers' Compensation. We may release medical information about you for workers' compensation or similar programs. These programs provide benefits for work- related injuries or illness. Public Health Risks. We may disclose medical information about you for public health activities. These activities generally include the following: • to prevent or control disease, injury or disability; • to report births and deaths; • to report reactions to medications or problems with products; • to notify people of recalls of products they may be using; • to notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; • to notify the appropriate government authority if we believe an individual has been the victim of abuse, neglect or domestic violence. We will only make this disclosure if you agree or when required or authorized by law. Health Oversight Activities. We may disclose medical information to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the health care system, government programs, and compliance with civil rights laws. Lawsuits and Disputes. If you are involved in a lawsuit or a dispute, we may disclose medical information about you in response to a court or administrative order. We may also disclose medical information about you in response to a subpoena, discovery request, or other lawful process by someone else involved in the dispute, but only if efforts have been made to tell you about the request or to obtain an order protecting the information requested. Law Enforcement. We may release medical information if asked to do so by a law enforcement official: • in response to a court order, subpoena, warrant, summons or similar process; • to identify or locate a suspect, fugitive, material witness, or missing person; • about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person's agreement; • about a death we believe may be the result of criminal conduct; and • in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime. Coroners, Medical Examiners and Funeral Directors. We may release medical information to a coroner or medical examiner. This may be necessary, for example, to identify a deceased person or determine the cause of death. We may also release medical information about patients of the hospital to funeral directors as necessary to carry out their duties. National Security and Intelligence Activities. We may release medical information about you to authorized federal officials for intelligence, counterintelligence, and other national security activities authorized by law. Inmates. If you are an inmate of a correctional institution or under the custody of a law enforcement official, we may release medical information about you to the correctional institution or law enforcement official. This release would be necessary (1) for the institution to provide you with health care; (2) to protect your health and safety or the health and safety of others; or (3) for the safety and security of the correctional institution. Your Rights Regarding Medical Information About You You have the following rights regarding medical information we maintain about you: Right to Inspect and Copy. You have the right to inspect and copy medical information that may be used to make decisions about your OHCA Plan benefits. To inspect and copy the medical information that may be used to make decisions about you, you must submit your request in writing to the Privacy Officer. If you request a copy of the information, we may charge a fee for the costs of copying, mailing or other supplies associated with your request. We may deny your request to inspect and copy in certain very limited circumstances. If you are denied access to medical information, you may request that the denial be reviewed. Right to Amend. If you feel that medical information we have about you is incorrect or incomplete, you may ask us to amend the information. You have the right to request an amendment for as long as the information is kept by or for the OHCA Plan. To request an amendment, your request must be made in writing and submitted to the Privacy Officer. In addition, you must provide a reason that supports your request. We may deny your request for an amendment if it is not in writing or does not include a reason to support the request. In addition, we may deny your request if you ask us to amend information that: is not part of the medical information kept by or for the OHCA Plan; was not created by us, unless the person or entity that created the information is no longer available to make the amendment; is not part of the information which you would be permitted to inspect and copy; or is accurate and complete. Right to an Accounting of Disclosures. You have the right to request an "accounting of disclosures" where such disclosure was made for any purpose other than treatment, payment, or health care operations. To request this list of accounting of disclosures, you must submit your request in writing to Privacy Officer. Your request must state a time period which may not be longer than six years and may not include dates before April, 2004. Your request should indicate in what form you want the list (for example, paper or electronic). The first list you request within a 12 month period will be free. For additional lists, we may charge you for the costs of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred. Right to Request Restrictions. You have the right to request a restriction or limitation on the medical information we use or disclose about you for treatment, payment or health care operations. You also have the right to request a limit on the medical information we disclose about you to someone who is involved in your care or the payment for your care, like a family member or friend. For example, you could ask that we not use or disclose information about a surgery you had. We are not required to agree to your request. To request restrictions, you must make your request in writing to the Privacy Officer. In your request, you must tell us (1) what information you want to limit; (2) whether you want to limit our use, disclosure or both; and (3) to whom you want the limits to apply, for example, disclosures to your spouse. Right to Request Confidential Communications. You have the right to request that we communicate with you about medical matters in a certain way or at a certain location. For example, you can ask that we only contact you at work or by mail. To request confidential communications, you must make your request in writing to the Privacy Officer. We will not ask you the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted. Right to a Paper Copy of This Notice. You have the right to a paper copy of this notice. You may ask us to give you a copy of this notice at any time. Even if you have agreed to receive this notice electronically, you are still entitled to a paper copy of this notice. You may obtain a copy of this notice on the S -drive under Human Resources. To obtain a paper copy of this notice, contact the Privacy Officer or any Human Resource Department employee. Changes to This Notice We reserve the right to change this notice. We reserve the right to make the revised or changed notice effective for medical information we already have about you as well as any information we receive in the future. We will post a copy of the current notice on the City's S- drive. The notice will contain on the first page, in the top right hand corner, the effective date. Complaints If you believe your privacy rights have been violated, you may file a complaint with the OHCA Plan or with the Secretary of the Department of Health and Human Services. To file a complaint with the OHCA Plan, contact the Privacy Officer. All complaints must be submitted in writing. You will not be penalized for filing a complaint. Other Uses of Medical Information Other uses and disclosures of medical information not covered by this notice or the other applicable laws will be made only with your written permission. If you provide us permission to use or disclose medical information about you, you may revoke that permission, in writing, at any time. If you revoke your permission, we will no longer use or disclose medical information about you for the reasons covered by your written authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and that we are required to retain our records of the care that we provided to you. Policy Statement In order for the Health Plan to use or disclose (including obtaining) protected health information (PHI), the use or disclosure must either (1) fall under the enumerated uses and disclosures allowed without an individual authorization, or (2) the Health Plan must obtain an individual authorization. i i i • Definition of PHI 1. Protected Health Information (PHI) means individually identifiable information relating to: a. The past, present or future physical or mental health or condition of an individual; b. The provision of health care to an individual; C. The past, present or future payment for health care provided to an individual. Use and Disclosure not 2. PHI may only be used or disclosed without an individual Requiring an Individual authorization for treatment, payment, or health care Authorization operations (TPO). These purposes include: a. The Health Plan may use or disclose PHI for its own TPO; b. The Health Plan may disclose PHI to another covered entity for the payment activities of that entity; C. The Health Plan may disclose PHI to another covered entity for health care operations activities of the entity that receives the information, if each entity either has or had a relationship with the individual who is the subject of the PHI, the PHI pertains to such relationship, and the disclosure is: For health care operations regarding conducting quality assessment and improvement activities, population -based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives, and related functions that do not include treatment, reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance, health plan performance, credentialing activities; or ii. For the purpose of health care fraud and abuse detection or compliance; d. If the Health Plan participates in an organized health care arrangement U may disclose PHI about Bn individual iD another covered entity that participates in the OHCA for any health o5na operations activities Of the (JHCA. Nothing in paragraph Z prevents the Health Plan from obtaining an individual authorization for use and disclosure of PHI for TPO purposes. Definition of TPO 3. Treatment, Payment and Health Cave Cperatlon5 (77RO) includes all of the following: m. Treatment means the provision, coordination, Or management 0fhealth Can8 and related services, consultation between providers relating to On individual Or referral of an individual h3 another provider for health care. b. Paymentmeans mctivities undertaken toobtain or provide reimbursement for health care, including determinations of eligibility or coverage, billing, collection activities, medical necessity determinations and utilization review. C. Health Care Operations includes functions such as quality assessment and improvement activities, reviewing competence Or qualifications Of health care professionals, conducting or arranging for medical review, legal services, and auditing functions, business planning and development, and general business and administrative activities. Use and Disclosure for Public 4. PHI may be used or disclosed without an individual Policy Reasons authorization as required by law and for other public policy reasons when specific requirements are met. The situations in which PHI may be disclosed for public policy reasons include, but are not limited to, situations involving: a. serious threats to health or safety; b. disclosures to health plan sponsor; C. organ and tissue donation; d. military and veterans; e. workers' compensation; f. public health risks; g. health oversight activities; h. lawsuits and disputes; i. law enforcement; j. coroners, medical examiners and funeral directors; k. national security and intelligence activities; and I. inmates. Use and Disclosure Requiring an 5. An individual authorization is required for any use or Individual Authorization disclosure of PHI that is not specifically allowed by the HIPAA privacy regulations (without the individual authorization). These uses and disclosures include, but are not limited to: a. Use or disclosure of psychotherapy notes; b. Use or disclosure of PHI for purposes of marketing, except if the communication is in the form of: i. Face -to -face communication made by the Health Plan to an individual; or ii. A promotional gift of nominal value provided by the Health Plan. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HlP/V\ Privacy Officer i3 also the contact person for any questions Or complaints regarding HIP/V\. Questions or concerns about HIPAA rights should be directed to the HlFAA Privacy Officer during regular business office hours Monday through Friday, except holidays at(651) 249-2053. Violations 8. Violations uf this policy will be subject todiscipline. Effective Date 9. April 14, 2004. References: 45[.F.R.§§164.506,164.508,164.512 Minimum Necessary Standard Policy Statement Whenever practical /feasible, the Health Plan will make reasonable efforts to limit use and disclosure of protected health information (PHI) to the minimum necessary to accomplish the appropriate intended purpose. i "q i • Minimum Necessary Standard 1. When using, disclosing or requesting PHI, the Health Plan shall make reasonable efforts to limit PHI to the minimum necessary to accomplish the purpose. Access to PHI 2. The Health Plan requires relevant staff to have access only to the minimum necessary PHI required by their job functions. It is the responsibility of the HIPAA Privacy Officer to limit the access of relevant staff to only the minimum necessary PHI required by their job function. The HIPAA Privacy Officer may delegate certain job functions to be performed by other individuals; however, the ultimate responsibility for compliance with HIPAA remains with the HIPAA Privacy Officer. Where Minimum Necessary 3. Limiting use, disclosure or request of PHI to the minimum Standard Does Not Apply necessary does NOT apply in the following situations: a. Disclosures or requests by a health care provider for treatment; b. Uses or disclosures made to the individual or requested and authorized by the individual; C. Disclosures made to the Secretary of Health and Human Services (HHS) or to the Office of Civil Rights (OCR); d. Uses or disclosures required by law; and/or e. Uses or disclosures required for compliance with the Privacy Rule. Disclosures of PHI by 4. From time to time relevant staff of the Health Plan will be Health Plan asked to disclose PHI to other Covered Entities, regulatory agencies, law enforcement authorities and others. Many of these disclosures are permitted or required by law and do not require authorization of the individual. Others may require authorization of the individual whose PHI is to be disclosed. Except for those instances identified previously, the Health Plan will apply the minimum necessary standard to all disclosures. Relevant staff of the Health Plan may treat a request for a disclosure as being for the minimum necessary PHI when the request is: • A permitted disclosure to a public official who states that the disclosure is the minimum necessary; • From another Covered Entity; • From a professional who is a member of the Health Plan or is a Business Associate of the Health Plan if he/she states that the information is the minimum necessary needed; and • For research purposes when the required documentation is provided. Requests for PHI 5. Relevant staff of the Health Plan must limit requests by Health Plan made by them for PHI to that which is reasonably necessary to accomplish the purpose of the request. Entire Medical Record 6. The Health Plan will not use, disclose or request an entire medical record unless the entire medical record is specifically justified as reasonably necessary. Unjustified use, disclosure or request of an entire medical record will be considered a violation of this policy. The only exception regarding the entire medical record is when the information is provided to persons involved in the treatment of the individual. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2003. References: 45 C.F.R. §§ 164.502(b), 164.514(d) Individual's Rights to Access & Copy PHI Policy Statement Individuals have the right to access and copy their own protected health information (PHI) maintained /retained by the Health Plan, including any business associates on behalf of the Health Plan, in their designated record set (DRS). i "q i • Definition of DRS 1. A group of records maintained by the Health Plan that are: a. Medical records and billing records about individuals maintained by or for the Health Plan; b. The enrollment, payment, claims adjudication, and case or medical management record systems maintained by or for the Health Plan; or C. Used by or for the Health Plan to make decisions about individuals. 2. The term "record" as used above means any item, collection, or grouping of information that includes PHI and is maintained, collected, used, or disseminated by or for the Health Plan. Individual's Right to Access and 3. An individual generally has a right to access and copy his /her Copy PHI PHI maintained in the DRS. Written Request 4. Request for inspection and copying of PHI must be submitted to the HIPAA Privacy Officer in writing. Time Frame for Retrieval of 5. Insofar as practical, the individual should allow at least thirty Requested PHI (30) days for the Health Plan to obtain requested information. Should an extension be necessary, the individual will be notified of such request. In no case may the extension exceed thirty (30) days. Denial of Access 6. Should the individual be denied access to requested records, a written notice must be provided to the individual indicating such denial and the reason(s) for the denial. Service Fees 7. The following charge(s) may be assessed for copying services: Per Page Fee: .20 if total copies are more than 5 pages Postage Fee: U.S. standard postal rates Labor Fee: Time required to collect and copy as allowed by the Minnesota Data Practices Act, at hourly rate of employee performing the work. Exceptions 8. Individuals may be denied access to (1) psychotherapy notes, and (2) information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding. Denial of Access Without Right 9. Denial of access without a right of review may occur: of Review a. Where information was compiled in anticipation of litigation; b. Where care was provided under the direction of a correctional institution and provision of access would jeopardize health, safety, or rehabilitation; and C. Where information was collected in the course of research that includes treatment of the individual and the individual agreed to a suspension of the right of access during the research period. Denial in Accordance with Other 10. Access may also be denied in accordance with other Applicable Law applicable law. Denial of Access With Right of 11. Denial of access with a right of review may occur: Review a. Where access is determined by a licensed professional to be likely to endanger life or safety of the individual or another person; and b. Where access is required by the individual's representative and a licensed professional determines that such access is reasonably likely to cause substantial harm. Individual's Right to Review by 12. If the basis for denial of access gives the individual a right to Another Licensed Professional review, the individual has the right to have the denial reviewed by a licensed professional who did not participate in the original denial decision. Such review will be completed within thirty (30) days of such request. The Health Plan will provide the individual with a notice of the reviewer's decision and will comply with the determination to either provide the requested information or deny access to such requested information. Time Frame for Facility to Act 13. The Health Plan will act upon an individual's request for Upon Individual's Request for access to his/her DRS no later than thirty (30) days after Access receipt of such request, unless the time period is extended as described below: a. If the information to be accessed is not maintained or accessible on premises, the Health Plan will act upon such request within sixty (60) days of receipt of such request. b. If the Health Plan is unable to act on the request within the applicable thirty (30) or sixty (60) day period, the Health Plan may extend the time for response by thirty (30) days, provided that the individual is given a written notice of the reason(s) for the delay and the date by which a responsive action will be taken. Denial of Access Notice 14. The Health Plan will provide a timely, written denial of access to the individual when such denials occur. Denial notices will be written in easy -to -read language and will include, as a minimum, the following information: a. The basis for the denial of access; b. Any right of review (as applicable); C. How to file a complaint with the Health Plan; d. The name and telephone number of the person to whom the complaint may be filed; and e. The address of the U.S. Secretary of Health and Human Services. Access to Requested 15. To the extent practical, the individual will be given access to Information any information requested after excluding the information for which the Health Plan has grounds for denying access. Access to Information 16. Should the information for which access has been requested Maintained Off Premises be maintained off premises or the Health Plan does not maintain /retain such information, but knows where the information is located, the Health Plan will either (a) notify the individual where to direct his /her request for access, or (b) otherwise make arrangements for the individual to access such information. This includes, but is not limited to, information maintained by a business associate on behalf of the Health Plan. Record Retention 17. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 18. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 19. Violations of this policy will be subject to discipline. Effective Date 20. April 14, 2004. References: 45 C.F.R. § 164.524 REQUEST TO ACCESS OWN PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Right to Access & Copy PHI. You have a right to request access to inspect and to receive copies of your protected health information ("PHI"). Please see the Health Plan's Notice of Privacy Practices or contact the Health Plan's Privacy Official at (651) 249-2053 for more information. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: I participate in or am covered under the Health Plan: Retiree Health Savings Plan Health Flex Plan Police & Fire Fitness Program —Employee Assistance Plan —Long-term Care Insurance Health Insurance Dental Insurance I am the personal representative of an individual participating in or covered under the Health Plan [name of health plan(s)] (please attach completed Designation of Personal Representative form). Please provide me with the above information dated between and I prefer to review the information in the following manner (please select one): Mailed copy View at City Human Resource Dept. offices Electronic copy (if available) — Other (describe on a separate sheet) I agree to accept a summary of the above requested information and to pay a reasonable charge for the costs incurred by the Health Plan in preparing the summary. Please Read Carefully and Sign I understand that the Health Plan will provide the requested inspection or coples if required to do so under applicable law. I also understand that I may be charged for copying and postage in accordance with the Health Plan s Notice of Privacy Practices. Signature Date Please note: Applicable law requires us to respond to you within 30 days after receiving your request, unless the information requested is not maintained at our primary business address, in which case we will respond within 60 days. We are entitled, in certain circumstances, to an additional 30 days in which to respond. We will send you written notice if we determine we will need the additional 30 days. For office use only Received by: Date: GRANT OF REQUEST TO ACCESS OWN PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Right to Access & Copy PHI. Dear [participant, beneficiary, or personal representative]: We received your request to access and/or copy your own protected health information ( "PHI') on [date]. ACCESS The information to which you requested access will be available as of [date] for your review at [address]. There are questions regarding your request for access. Please call us at (651) 249-2053 so we may discuss the nature and scope of your request. COPIES We have enclosed copies of the information you requested. We are permitted under federal law to recover our reasonable copying and postage costs of $ Please remit payment by check or money order to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 The records you requested are voluminous or are not in a format that is easily copied and mailed. Please call us at (651) 249-2053 so we may discuss the scope and format of your request, as well as a convenient time and place for you to inspect or obtain a copy of the requested information. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director NOTIFICATION OF ADDITIONAL TIME TO RESPOND TO ACCESS TO OWN PHI Please i7ote This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Rights to Access & Copy PHI. Dear [participant, beneficiary, or personal representative]: We received your request to access and/or copy your own protected health information ( "PHI') on [date]. We have been unable to respond due to [give reason for delay]. We will respond to your request by [specific date no more than 30 days from original response due date]. Please call us at (651) 249-2053 if you have any questions. Thank you for your patience. Sincerely, Sherrie Le Human Resource Director DENIAL OF REQUEST TO ACCESS OWN PHI Please note- This Administrative Form relates to the Health Plan's Policy Form 6, Individual's Rights to Access & Copy PHI. Dear [participant, beneficiary, or personal representative]: We have reviewed your request to access and/or copy your own protected health information ("PHI") We are denying your request for the following reasons: We do not maintain [part of] the information you requested. That information is maintained by [insert description]. You have no right to appeal this denial. [Part of the <or> The] information you requested is not contained in our designated record sets. This means that we do not use the information you requested to make decisions relating to your health benefits. Accordingly, we are not required to provide it under the federal Privacy Rule. [We will provide you with access to the part of the information you requested that is in our designated record sets.] You have no right to appeal this denial. The Privacy Rule exempts the information you requested from access requests. You have no right to appeal this denial. We have determined that release of the information you request may result in harm to you or someone else. You may appeal this basis of denial. If you would like to appeal this determination, you may write to us at: Sherrie Le Human Resource Department City of Maplewood 1830 County Road B East Maplewood, MN 55109 Complaints. You may submit a complaint about this denial to us. If you choose to do so, please direct your complaint as indicated below. Please note that your complaint is not considered an appeal of our denial. You may contact Sherrie Le at (651) 249-2053 for this purpose. You may also submit a complaint about this denial of access to the head of the U.S. Department of Health and Human Services. Your complaint must be in writing, either on paper or electronically, and must include the following information: (1) our name, and (2) a description of the acts or omissions that you believe violate our responsibilities under the Privacy Rule. Your complaint must be filed within 180 days from the date of this letter. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director w 0 Z 104 he V ui n CY ui ce ui V U 4 1.4 r CL 0 U 06 (1) Ln (3) u u 4-J (n cn =3 "0 tCi _0 E 0 LL 0 CL C: fo CL tU r (1) 4-J 0 4-J Ln 0 E 0 U- . Ln .E- E "0 .Ln F- Z lb tz Qj i, C: . (n C: 0 � CL CL > CL 6 0. IA DG CL CL . (D C 0 (A ce (A cr 4) ce 4— E m Z C: . (n C: 0 � CL CL Amendment of the PHI Policy Statement An individual may amend his/her protected health information (PHI). i "q • • Amendment of PHI 1. An individual may amend his /her PHI except as outlined below: a. The originator of the record is no longer available; b. The information the individual wishes to amend was not created by the Health Plan; C. The information is not part of the health information record; d. The information contained in the record is accurate and complete; and /or e. The amended information would not be available as provided by current law. Written Amendment Request 2. All requests for amendments to PHI must be submitted to the HIPAA Privacy Officer in writing. Time Frame for Acting Upon a 3. The Health Plan will act upon the individual's request for Request for Amendments an amendment no later than sixty (60) days after receipt of such request. Should the Health Plan be unable to act upon the request within the sixty (60) day period, the individual will be provided with a written notice of the reasons for the delay and the date by which the Health Plan will complete such action. In no case will such extension extend beyond thirty (30) days. Acceptance of Amendment 4. When the Health Plan accepts the amendment, in whole or in part, the Health Plan will: a. Make the requested amendment(s) to the PHI or record that is subject to the amendment(s) or provide a link to the location of such amendment(s); b. Inform the individual that the amendment(s) are accepted and have been made; C. Notify persons /entities authorized by the individual that such amendments have been made and provide copies of such amendments as requested; and d. Notify business associates that such amendments have been made and provide copies of such amendments to business associates as requested. Denial of Amendment Requests 5. Should the Health Plan deny a requested amendment, in whole or in part, the Health Plan will: a. Notify the individual in writing of the denial to make an amendment to his/her PHI. Such denial will include the following information: i. The reason(s) for the denial; ii. Information relative to how the individual may submit a written statement disagreeing with the denial; iii. Information relative to how the individual may request that the amendment and the denial become part of the individual's permanent records; and iv. Information relative to how the individual may file a complaint with the HIPAA Privacy Officer or to the U.S. Secretary of Health and Human Services. b. Include on all notices to the individual the name, title, and telephone number of the contact person or office designated to receive complaints. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: 45 C.F.R. § 164.526 REQUEST FOR AMENDMENT OF PHI � Pleasenote This Administrative Form relates to the Health Plan's Policy Form 7, Amendmen You have a right to request an amendment of your own protected health information ("PHI'). Please see the Notice of Privacy Practices or contact the Health Plan's Privacy Official at (651) 249-2053 for more information. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B Maplewood, MN 55109 Your name: Address: Daytime phone number: Please select one: — I participate in or am covered under the Health Plan Retiree Health Savings Plan Health Flex Plan Police & Fire Fitness Program —Employee Assistance Plan —Long-term Care Insurance Health Insurance Dental Insurance I am the personal representative of an individual participating in or covered under the Health Plan (please attach completed Deslqnatlon of Personal Representative form If one Is not already on file) I would like to request an amendment to the following information: The information should be amended in the following manner: I believe this information should be amended because (required): Please Read Carefully and Sign I understand that the Health Plan will agree to my requested amendment unless It may deny the request under applicable law. Signature Date Please note: Applicable law requires us to respond to you within 60 days after receiving your request, unless we send you notification that we will need an additional 30 days to respond. For office use only, Received by: Date: Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the PHI. Dear [participant, beneficiary, or personal representative]: We received your request for amendment of your own protected health information ( "PHI'S on [date]. We have agreed to comply with your request. Accordingly, we will [append or link the corrected information to the PHI in our possession]. If you like, we will notify persons you believe have received the PHI that is the subject of your amendment request. Please fill out and return the enclosed form listing the names and, if known, addresses, of those persons or entities. Please note that you must sign the form, giving us written permission to disclose this amended information to the people you have listed. Please call us at (651) 249 -2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director Enclosure NOTIFICATION OF ADDITIONAL TIME TO RESPOND TO AMENDMENT OF PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the PHI. Dear [participant, beneficiary, or personal representative]: We received your request for an amendment to your own protected health information ("PHI") on [date]. We have been unable to respond due to [give reason for delay]. We will respond to your request by [specific date no more than 30 days from original due date of response]. Please call us at (651) 249-2053 if you have any questions. Thank you for your patience. Sincerely, Sherrie Le Human Resource Director Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the Dear [participant, beneficiary, or personal rep : We have reviewed your request for amendment of your own protected health information ("PHI"). Your request is denied for the following reason: We believe the records ident in your request are accurate and complete. [Part of the <mr:" The] information you requested is not contained in our desi record sets. This means that we do not use the information you requested to make decisions relating to your health benefits. Accordingl we are not required to amend it under the federal Privacy Rule. We did not Cnadt8 the naC0nds identified in your request. If you believe the person Or entity that created the n2COnd is no longer available b3 respond b3 B request for amendment, p|8a58 notify uS and w8 will reconsider your request. We have determined that the records you identified in your request would not be available for inspection under the "right of access" prov of the federal Privacy Rule, and therefore are not subject to amendment. If you d with Our denial you may Subrn�B written statement setting forth the basis for your di Your statement may be no longer than 1page. If you choose not to file a statement of disagreement, you may ask that we include your request for amendment and our denial of your request with any future di5C|OSur85 of the records at issue. If you wish to pursue either option, p|8a58 submit in writing (1) your statement of disagreement, or (Z) your request that we include in future disclosures your amendment request and our denial Of that request to: Sherrie Le, Human Resource Director City VfMaplewood 183U County Road B Maplewood, MN 55109 You may submit complaint about this denial to us. If you choose to do so, please direct your complaint tO Sherrie L8dt(051)Z49-ZO53Orin writing Os indicated below. Please note that your complaint is not considered an appeal Qf our denial. Sherrie Le, Human Resource Department City OfMaplewood 1R3U County Road BEast Maplewood, MN 55109 You may also submit a complaint about this denial tothe head of the U.S. Department of Health and Human Services. Your complaint must be in writing, either Vn paper Orelectronically, and must include the following information: (1) Our name, and (2) a deSChoU0n of the acts or omissions that you believe violate Our responsibilities under the Privacy Rule. Your cUnnp|minL must be filed within 180 days of the date ofthis letter. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director NOTICE TO OTHERS OF AMENDMENT OF PHI Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the PHI. Dear [person or entity in possession of amended protected health information ("PHI")]: Please note that you may have in your records the following protected health information ("PHI") relating to [name of participant or beneficiary]: [description of PHI] We have amended that PHI as follows: [describe amendment] Please make a note of it in your records. This notice is being given as required by 45 CFR § 164.526, which is part of the Privacy Rule issued by the U.S. Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996 ("HIPAA'}. [Add when notice goes to a business associate.] Under your contract with us, you are a business associate, and as such are required to append or link this notice or, if you choose, the amendment described above, to the PHI described. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Privacy Officer [Name Health Plan] REQUESTOR'S LIST OF PERSONS OR ENTITIES TO BE NOTIFIED OFAMENDMENT Please note: This Administrative Form relates to the Health Plan's Policy Form 7, Amendment of the PHI. PERSONS OR ENTITIES TO BE NOTIFIED OF AMENDMENT I authorize the Health Plan to notify the persons or entities listed below of the amendment the Health Plan has made to my protected health information ("PHI"). (Please attach additional pages, if needed.) Date: Signature: Printed name: Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 (D 0 Z U ui m CY ui Z ui z LU x oc O 4- 0 E _0 c ai E E 0 U- 0 CL .�n C: 4-J 0 4-J E 0 LL 4-J E _0 .D Z ri C: E . EL -C I-_ 0 70 (n a) 9) cl M a a) 0 0 0 a) O. M -0 E a) " N r- 0 60 0 0 a) cr a) a) cn a) (n C 0 0— ,r-- rZ M.2 E— o a) 0 O U3 (n 0 . 0 0 CU c , n , E .0 Ta a) (n -r- cn a) �o 0 a) -0 a) CU E (n a) CN -0 0 Z O O O O C: E . EL -C I-_ 0 70 (n a) 9) cl M a a) 0 0 0 a) O. M -0 E a) " N r- 0 60 0 0 a) cr a) a) cn a) (n C 0 0— ,r-- rZ M.2 E— o a) 0 O U3 (n 0 . 0 0 CU c , n , E .0 Ta a) (n -r- cn a) �o 0 a) -0 a) CU E (n a) CN -0 Accounting of Disclosures of PHI Policy Statement Individuals have the right to receive an accounting of disclosures of protected health information (PHI) made by the Health Plan, including any business associate on behalf of the Health Plan. • • • • • - • Request for an Accounting of 1. An individual or his /her representative may request an Disclosures of PHI accounting of disclosures of his /her PHI made by the Health Plan, including any business associate on behalf of the Health Plan, during a specified time period of up to six (6) years prior to the date of the request of an accounting. Disclosures must be tracked by the Health Plan for purposes of an accounting except the following disclosures: a. To carry out treatment, payment or healthcare operations (TPO) as permitted under current law; b. To the individual about his /her own PHI; C. To persons involved in the individual's care; d. For national security purposes; e. Pursuant to the individual's authorization; f. To federal /health department officials as permitted under current law; and g. Those disclosures that occurred priorto April 14, 2004. Time Frame of Accounting 2. Other than the exceptions noted above, the accounting Reports record must include disclosures of PHI that occurred during the six (6) years (or shorter time period as is specified in the request) prior to the date of such request, including disclosures made by or to any of the Health Plan's business associates. Content of Accounting of 3. The content of the written accounting of disclosures Disclosures Record record must contain, at a minimum, the following information: a. Date of the disclosure; b. Name of the entity or individual who received the PHI C. The address of the person receiving the PHI (if known) d. A brief description of the PHI disclosed; and e. A brief statement of the purpose of the disclosure that reasonably informs the individual of the basis for the disclosure, or in lieu thereof, a copy of the individual's authorization or the request for the disclosure. Multiple Disclosures 4. If, during the time period for the accounting, multiple disclosures have been made to the same entity or individual for a single purpose, or pursuant to a single authorization, the accounting may provide the information as set forth in paragraph 3 above for the first disclosure, and then summarize the frequency of number of disclosures made during the accounting period and the date of the last disclosure during the accounting period. Time Frame for Providing 5. An individual's request for an accounting of PHI Accounting of Disclosure Data disclosures must be provided to the individual or representative within sixty (60) days of such request. If unable to provide the accounting within the sixty (60) day time frame, a one time thirty (30) day extension may be provided if: a. The individual is notified in writing of the delay; b. The notice includes the reason(s) why the delay is necessary; and C. The notice includes the date by which the accounting will be provided. Log 6. The Health Plan will keep a log of all disclosures required by paragraph 1 above which will include all necessary information. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. April 14, 2004. References: 45 C.F.R. § 164.528 REQUEST FOR AN ACCOUNTING OF DISCLOSURES Please note- This Administrative Form relates to the Health Plan's Policy Form 8, Accounting of Disclosures of PHI. You have a right to request that the Health Plan provide you with an accounting of certain disclosures that it has made of your protected health information ("PHI"). Please see the Health Plan's Notice of Privacy Practices or contact the Health Plan's Privacy Official at (651) 249-2053 for information. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: Please select one: I participate in or am covered under the Health Plan Retiree Health Savings Plan Cafeteria Plan I am the personal representative of an individual participating in or covered under the Health Plan (please attach proof of personal representative status). Retiree Health Savings Plan Cafeteria Plan I would like an accounting of covered disclosures of my PHI made by the Health Plan between the following dates: and Note.- We are not required to provide an accounting of disclosures we made prior to the effective date of the federal privacy rules (April 14, 2004). Please Read Carefully and Sign I understand that the Health Plan will provide the requested accounting of disclosures If required to do so under applicable law. If this Is not my first request for an accounting within a 12 -month period, I understand that the Health Plan will notify me of Its reasonable costs for complying with my request and provide me with the opportunity to agree to pay those charges in order to receive the requested accounting. Signature Date Please note: Applicable law requires us to respond to you within 60 days after receiving your request, unless we send you a notification that we will need an additional 30 days to respond. For office use only, Received by: Date: ACCOUNTING OF DISCLOSURES OF PHI Please note- This Administrative Form relates to the Health Plan's Policy Form 8, Accounting of Disclosures of PHI. Dear [participant, beneficiary, or personal representative]: We received your request for an accounting of disclosures of your protected health information ("PHI") on [date]. We [set forth below] <or> [enclose] an accounting of those disclosures that, by law, must be provided in response to your request. Information Disclosed Date Disclosed Disclosed To: Purpose of Disclosure [Note: For multiple [Note: Include contact [Note: If disclosure was disclosures to the same information, if known.] made pursuant to a written entity, include all request, you may include information for first such copies of the written request disclosure, how often or instead of describing the when subsequent purpose of the disclosure.] disclosures were made, and the date of the last disclosure.] There is no charge for this accounting. However, if you request additional accountings within the next 12 months, there may be a charge to you for our costs in complying with your requests. Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director NOTIFICATION OF ADDITIONAL TIME TO RESPOND TO ACCOUNTING REQUEST Please note This Administrative Form relates to the Health Plan's Policy Form 8, Accounting of Disclosures of PHI. Dear [participant, beneficiary, or personal representative]: We received your request for an accounting of disclosures of your protected health information ("PHI") on [date]. We have been unable to respond due to [give reason for delay]. We will respond to your request by [specific date no more than 30 days from original due date of response]. Please call us at (651) 249-2053 if you have any questions. Thank you for your patience. Sincerely, Sherrie Le Human Resource Director NOTIFICATION • ! SECOND MONTH PERIOD Please note: This Administrative Form relates to the Health Plan's Policy Form 8, Accounting of Disclosures of PHI. Dear [participant, beneficiary, or personal representative]: We received your request for an accounting of disclosures of your protected health information ("PHI ") on [date]. We responded to a prior request from you for an accounting on [date]. You are entitled to one accounting without charge during any 12 month period. Because this is your second request within 12 months, we will charge you [$ ] for our reasonable costs in putting together the accounting. These costs include the time and expense of reviewing our records. If we do not hear from you within 30 days from the date of this letter, we will assume that you have withdrawn your request. If you do not wish to withdraw your request, please sign the acknowledgement at the bottom of this letter and return it within 30 days. Please call us at (651) 249 -2053 if you have any questions. Thank you for your patience. Sincerely, Sherrie Le Human Resource Director ACKNOWLEDGMENT I, , understand that I am being charged $ for my most recent request for an accounting of disclosures of my protected health information ('PHI' } because I have requested more than one accounting within a 12 month period. I agree to pay all reasonable charges prior to receiving the accounting. A check or money order is enclosed. Name (print) Signature Telephone Number Date Return acknowledgement to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 0 O J Z N U N W a W Z N Z O U 4 a- 4- 0 v L O v 0 4- O _ O ca Q 06 E L U- _ a v v a-+ O CU cu E L U- Q} L .jJ E Q F '� j y ai 0. . Qi 'ct O CL CD c c U U d C O c K W O C m 13 4W tQ U CL 0 vUCd Q o C 141 O N= y= i i C C o v c z . o ' +W [A 0 O Gi w� ,C m O t0 fA .0 cr O O W O Q � U L C E W = Z O a M M u Z (D O Z u ui tlS 0 -j to u CD 0 LL 0 0- _0 O co 4 - 0 (3) :3 (n 0 U 0 O E 0 U- 4-J E 0 U- 4-J ul O 0 C _0 0 F- 0 4-J Ln Ln Rt u M n 4 - C 0.2 - -W O M = . 0 4J (1) (0) 41 0 M . 0 4J O E . 4 0 2 C 4— 0 47 O (A 0 0 CL tj ao 4-1 m ' a) Cid w E m 0 z cr w ce ! ' • • • • ' Policy Statement Prior to disclosing PHI, the Health Plan must verify the identity of the recipient and the recipient's authority to have access to PHI, unless the identity and authority are known to the Health Plan. In addition, when it is a condition of disclosure, prior to the disclosure of PHI, the Health Plan must obtain any documentation, statements, or representations of the recipient as required by the Privacy Rule. Please note: This Policy relates to Form 4, Use and Disclosure of PHI, Form 6, Individual's Right to Access & Copy PHI, and Form 19, Disclosures to the Plan Sponsor. Responsibility For Obtaining The HIPAA Privacy Officer or his/her designee will be Verifications responsible for obtaining verifications when disclosure of PHI is necessary. Verification of Identity and Before releasing PHI, sufficient information must be obtained Authority from the person requesting the information to reasonably conclude, under the circumstances, that the person is who he /she says he /she is and has authority to have access to the PHI. The type of information required will depend on the nature of the request, from whom it is made, and the method in which it is made. Request for Information In When a request for PHI is made in person, identity may Person generally be verified by inspecting some form of photo identification. If photo identification is unavailable, identity may be verified by inspection of some other form of government issued identification. In addition, in cases of disclosure for public policy purposes, authority to have access to PHI may generally be verified by receipt of the full name, date of birth, and one other additional piece of information (i.e., SSN, other identification number, address, or telephone number) of the subject of the PHI and: a. A written statement of the authority under which the PHI is requested (or if a written statement is impracticable, an oral statement); or b. A legal document, such as a warrant, subpoena, court order, or other legal process. Request for Information By When a request for PHI is made by telephone, identity may Telephone generally be verified by receipt of information that identifies the person requesting the information. For instance, if the person requesting the PHI is the subject of the PHI, then identity may be established by providing his /her full name, date of birth, and one other additional piece of information (i.e., SSN, other identification number, address, or telephone number). When the person requesting the information is a third party (i.e. health care provider), identity may be established by obtaini the caller's telephone number and C8|Ung him/her back making sure the area code and exchange matches O listed telephone number for the company/agency. In order t0 verify authority UO access the PHI when it is requested by someone other than the subject, obtain the full nonn8, date 0fbirth, and one other additional piece Of information (i.e., SSN, other identification number, address, Or telephone number) regarding the Subi8[± of the PHI and a statement of the authority under which the PHI is requested. Please note: The Health Plan is not required Lorelease PHI when the request for release is made by telephone. Request for Information By Mail Ifa request for PHI is received bvmei|,�anb� may g�era|h or Email be��8d�������uni pi8ce of information that identifies the person requesting the information 0bv receipt of the request in O format that tends to establish the identity Of person making the request. For instance, if the person requesting the PHI is the subject of the PHI, then a written request containing the person's SVCia| security number 0rother unique identification number will be sufficient. When the person requesting the information is health CBp8 pro/id8rUra public agency, receipt of the request On appropriate letterhead will be sufficient. Verification of Documentation, The person verif the documentation, statements, or Statements, or Representations representations provided by the recipi as required by the Privacy Rule may, when doing SO is reasonable under the circumstances, rely on documentation, statements, and representations that, on their face, meet the applicable requirements. Such reliance will not be reOSOnOb|8 when information is known by the person that tends to indicate the documentation, statement, or representation is not authentic. In such situations, additional steps to verify the authenticity of the documentation, statement, or representation shall be taken. Log The Health Han will keep a loo of all verifications which will include all necessary information. Record Retention Ampy of all HIPAA covered information and any revisions shall be maintained for period of at least six (6) years. Such retention may be in printed or electronic format, Or HIPAA Privacy Officer The HIPAA Privacy 0ffios is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions Or complaints regarding HlFY\A. Du8St0nS Or concerns about HIPAA rights should be directed to the HIP/V\ Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249- 2053. Violations Violations of this policy will be subject to discipline. Effective Date April 14, 2004. References: 45 C.F.R. § 164.508(b) L9 0 Z V ui ce 0 -i u C) CN E 0 U- c 0 a- CL 4- 0 0 u . tn M L- 0 a) Ln 1-41 E - 0 Ln 6- .2 u cn Ln 0 4--J 0 ru 0 4-J ru U 0 C 4-J Q) tn > 4-J E 0 E U- L- >, 0 u LL CL > -0 4-J fa 4-J to 0 E On m C: < 0 0- Ln UO 0 4-J Ln Ln ft u An 4- 0 0 4a Qi (A 41 . 0 E — 0 4 0 - r - 0 IA 0 0 — u CL IA ao OAS O tA O (A cr 4) ce Policy Statement Individuals have the right to request restrictions on uses and disclosures of protected health information (PHI) relative to treatment, payment, or health care operations (TPO). • • • • • - • Request for Restriction on use 1. A request for restriction of use or disclosure of or Disclosure of PHI information must be submitted in writing to the HIPAA Privacy Officer. Such request must specify the type of information to be included in the restriction and to whom the restriction applies. 2. Upon receipt of an individual's request that a restriction be placed on the use or disclosure of PHI, the HIPAA Privacy Officer will: Determine the reasonableness of the request based on the administrative capability of the Health Plan to comply with such request; b. Identify the means and location the individual wishes the information to be communicated; and C. Notify the individual whether or not the Health Plan agrees to the restriction within sixty (60) days of the date of such request unless an extension is necessary. Such extension will not exceed thirty (30) days. Exceptions to Restrictions 3. Should the Health Plan agree to the restriction, the Health Plan and its business associates will honor such request except when: a. The restriction is terminated by the Health Plan or the individual, and/or b. There is an emergency treatment situation. The HIPAA Privacy Officer will be responsible for notifying any impacted business associates. Emergency Treatment 4. When emergency treatment is necessary, the provider of the treatment may not use or disclose PHI or information which a restriction has been placed, except for what is necessary to provide appropriate emergency care for the individual. The emergency health treatment provider may not further disclose the restricted information beyond what is needed for the emergency treatment. Termination of a Restriction 5. The Health Plan may terminate a restriction: a. When the individual r8qu8Gb; the termination; and/or b. When the Health Plan informs the individual of the termination. Termination Notices 6 Termination notices must bein writing and must indicate the effective date such termination and the re86Un/S\for such termination. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for period of at least six (6) years. Such retention may b8in printed or electronic format, 0rboth. HIPAA Privacy Officer 8. The HIP/V\ Privacy Officer is responsible for the development and implementation of the HIP/V\ policies and procedures. The HIP/V\ Privacy Officer is also the C0ni8[± person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at(051) 249-2053. Violations 9. Violations of this policy will be subject to discipline. Effective Date 10. Aoh| 14, 2004. References: 45C.F.R.§164.522 REQUEST TO RESTRICT CERTAIN USES AND DISCLOSURES Please note: This Administrative Form relates to the Health Plan's Form 10, Individual Requested Restrictions on Use or Disclosure of PHI. You have a right to request the Health Plan restrict: • Uses or disclosures of your protected health information ("PHI ") in carrying out payment or health care operations activities. • Disclosures to family members or friends involved in your health care or payment relating to your health care. Use this form to request such a restriction. THE HEALTH PLAN IS NOT REQUIRED TO COMPLY WITH YOUR RESTRICTION REQUEST. • 1 # 1 # i # i • • • • i 1 Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: I participate in or am covered under the Health Plan _Retiree Health Savings Plan _Health Flex Plan _Police & Fire Fitness Program _Employee Assistance Plan _Long -term Care Insurance _Health Insurance _Dental Insurance I am the personal representative of an individual participating in or covered under the Health Plan (please attach completed Designation of Persona/ Representative form). I request the Health Plan to restrict its uses or disclosures of my PHI for purposes of payment or health care operations. Specifically, I request the following restrictions (describe): (If more space needed, please attach separate sheet) I request the Health Plan to not make disclosures to the following family members or friends who may be involved in my health care or payment with respect to my health care (list names): (If more space needed, please attach separate sheet) Please Read Carefully and Sign I understand that the Health Plan is not required to agree to my requested restriction. I also understand that if the Health Plan agrees to the requested restriction, it may stop doing so prospectively so long as it Informs me that the restriction is removed. Signature Date I I For office use only, Received by: Date: RESPONSE TO REQUEST • RESTRICT CERTAIN USES AND DISCLOSURES Please note: This Administrative Form relates to the Health Plan's Policy Form 10, Individual Requested Restrictions on Use or Disclosure of PHI. Dear [participant, beneficiary, or personal representative]: We received your request that we restrict certain uses and disclosures of your protected health information ("PHI'S. As you know, the law does not require us to agree to your requested restriction. We will not be able to agree to your restriction. However, if you believe you will be endangered if your PHI is disclosed through a communication we might make to you or someone in your household, please submit the form entitled "Request For Confidential Communication." We will agree to restrict uses and disclosures of your PHI as you requested. Specifically, [describe uses and disclosures that will not be made, including specifically the names of family members/friends to whom disclosures will not be made.] Please note that we may remove this restriction prospectively at any time upon providing notice to you. Please call us at 651-249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director Individual Requested Restrictions on Confidential Communications Policy Statement Individuals have the right to request an alternate means of communication of the individual's protected health information (PHI) from the Health Plan to the individual. The restrictions apply only to communications to the individual by the Health Plan or communications that would otherwise go to the subscriber of the policy under which the individual has coverage. The effect of this is to ensure a family member who is not the subscriber can receive communications of PHI at the individual's workplace or other alternate address or phone number, so that other family members are unaware of the information. • • • • . • Request for Confidential 1. A request for confidential communications must be Communications submitted in writing to the HIPAA Privacy Officer. Such request must specify the type of information to be covered by the confidential communication's restriction, and to whom the restriction applies, the alternate address or other method of contact requested, and how payment will be handled (if applicable). The Health Plan may require evidence that if the information is disclosed in other than the manner requested it could endanger the individual. Consideration of Request 2. Upon receipt of an individual's written request for confidential communications of PHI, the HIPAA Privacy Officer will: a. Determine the reasonableness of the request based on the administrative capability of the Health Plan to comply with such request; b. The determination of reasonableness will not include an evaluation of the merits of the individual's reason for making the request; C. Identify the alternate means by and/or location to which the individual requests the information to be communicated and how payment will be handled; and d. Notify the individual whether or not the Health Plan agrees to the request within sixty (60) days of the date such request was received unless an extension is necessary. Such extension shall not exceed thirty (30) days. Exceptions to confidential 3. Should the Health Plan agree to the confidential communications communications, the Health Plan and its business associates will honor such request except when the confidential communication request is terminated by the Health Plan or the individual. The HIPAA Privacy Officer will be responsible for notifying any impacted business associates. Termination of confidential 4. The Health Plan may terminate confidential communications communications: a. When the individual requests the termination; and /or b. When the Health Plan informs the individual of the termination. Termination Notices 5. Termination notices must be in writing and must indicate the date such termination is to become effective and the reason(s) for such termination. The termination notice must be provided before the effective date of the termination. A copy of the termination notice must be filed in the individual's records maintained for HIPAA purposes. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: 45 C.F.R. § 164.522(b) REQUEST FOR CONFIDENTIAL COMMUNICATIONS Please note: This Administrative Form relates to the Health Plan's Policy Form 11, Individual Requested Restrictions on Confidential Communications. You have a right to request that the Health Plan provide alternative means or alternative locations for you to receive communications of your protected health information ("PHI'S. We must agree to your request for a confidential communication only if (1) you provide a reasonable alternative means or locations for the communication, and (2) you believe that a disclosure of the information could endanger you. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B Maplewood, MN 55109 Your Name: Address: Daytime phone number: Please select one: — I participate in or am covered under the Health Plan Retiree Health Savings Plan Health Plan and/or HRA Dental Plan Long-term Care Police and Fire Fitness Program EAP Healthcare Flex Plan I am the personal representative of an individual participating in or covered under the Health Plan (please attach completed Designation of Personal Representative Form). Health Plan and/or HRA Dental Plan — Long-term Care Police and Fire Fitness Program EAP Healthcare Flex Plan Retiree Health Savings Plan My request for confidential communications from the Health Plan applies to the following types of communications (list): (If more space is needed, please attach a separate sheet) The communications identified above should be made to me in the following manner (please provide an alternative address, telephone number, or e-mail address): Please Read Carefully and Sign I believe that disclosure of my PHI in the communications described above could endanger me. I understand that the Health Plan Is not required to agree to my request for a confidential communication if I do not provide a reasonable alternative means for the communications or if I do not believe that the disclosure of information in the communication will endanger me. Signature Date For office use only. Received by: Date: W 0 -i U) z 104 he V uj m CY uj ce uj ce 0 CL M rL 0 2 :3 U 0 (D U) D c 0 .2 V) - a :3 Cr _0 C) 1-4 E U-1 0 E E (U c .s aj 4� -a . 0 O cu 4N 2 ul E _0 c < (V 2 O E E 0 O 9A 0 V 0 c " M E m in E 0 V 4W cr IV I- ce 0 4W C w 4 E E 0 E U 4W P O O C7 Privacy Complaint Procedure Policy Statement Individuals, family members, employees, the general public, or business associates have the right to file complaints regarding Health Plan policies, procedures, or practices relative to the access, use, or disclosure of protected health information (PHI). i "q i • Designation of Person to 1. The HIPAA Privacy Officer has been designated as the Receive Complaints individual responsible for receiving, processing, and investigating all privacy related complaints. The HIPAA Privacy Officer may in turn designate employees in particular areas to assist. Filing of Privacy Complaints 2. Any individual, representative, family member, employee, business associate, visitor, or the general public may file a grievance or complaint regarding Health Plan privacy practices (e.g., denial of access to PHI, amendment of health records, problems with business associates, HIPAA policy and procedure violations, etc.) without fear or reprisal or retaliation in any form. Submitted Complaints 3. Complaints should be submitted to the HIPAA Privacy Officer in writing. Investigation Process 4. The HIPAA Privacy Officer or his/her designee will begin an investigation into allegations within five (5) working days of the receipt of the complaint. Results of Investigation 5. A written report of the findings of the investigation will be provided to the individual filing the complaint within thirty (30) days of receiving such complaint unless an extension is necessary to complete the investigation. Such extension may not exceed thirty (30) days. Dissatisfaction of 6. Should the individual not be satisfied with the result of Investigation/ Resolution the investigation, or the recommended resolution(s), he /she may file a complaint with the Secretary of Health and Human Services (HHS). Filing Complaints with the 7. Complaints may be filed directly with the Secretary of Secretary of HHS HHS. Such complaints must be in writing, identify the Health Plan, and must describe the violation. Complaints must be filed within one - hundred eighty (180) days of the complainant learning of the alleged violation or should have been aware of the alleged violation. Address of Secretary of HHS 8. The address of the Secretary of HHS is located in the Notice of Privacy Practices (NPP) and/or made available to individuals. Persons may also obtain the address from the HIPAA Privacy Officer. Retention of Complaints Log 9. The HIPAA Privacy Officer or his /her designee will maintain a log of all complaints received. Copies of all complaints, their disposition and resolutions, and our complaint log will be maintained for a period of at least six (6) years from the date such complaint was received. Record Retention 10. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 11. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 12. Violations of this policy will be subject to discipline. Effective Date 13. April 14, 2004. References: 45 C.F.R. § 164.530(d) Please note: This Administrative Form relates to the Health Plan's Policy Form 12, Privacy Complaint Procedure. You have a right to file a complaint about the Health Plan's privacy practices or the Health Plan's compliance with the Notice of Privacy Practices, Privacy Policies and Procedures, or the federal Privacy Rule. The Health Plan will not require you to waive any right you may have under the federal Privacy Rule to file your complaint, nor will filing your complaint adversely affect your enrollment in the Health Plan, your eligibility for benefits under the Health Plan, or payment of your claims under the Health Plan. Please submit this form to: Human Resource Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Your name: Address: Daytime phone number: Please provide a concise statement of your complaint: Date: Signature: Printed name: For office use only. Received by: Date: RESPONSE TO PRIVACY COMPLAINT Please note: This Administrative Form relates to the Health Plan's Policy Form 12, Privacy Complaint Procedure. Dear [participant, beneficiary, or personal representative]: We received your complaint regarding the Health Plan's handling of your protected health information ("PHI"). The privacy of PHI is important to us and we take it seriously. You stated that [brief description]. [We have investigated this matter and determined that no violation of our privacy policies and procedures or the Privacy Rule occurred.] [Brief description of why use/disclosure was proper or policies /procedures are appropriate.] [We have investigated this matter and determined that a violation of [brief description] has occurred.] [Brief description of what is being or has been done.] Please call us at (651) 249-2053 if you have any questions. Sincerely, Sherrie Le Human Resource Director Q V OC "0 a) u 2 Q- 4-J E 0 U u E 0 U- Y 0 tll 4-J 4-J 0 4-J aJ 4-J E 0 U- 4-J fo L- .tl D E 9 70 as 0 CL E 0 0 70 0 0 0 0 C) a: 0 c as E a) CY) C) -C 70 N N 2 0 c M 0 tB CL co vs a) > 0 CL 0 LL E 0 CY) () 0 4W IT IA 4W 0 m 1A in q E ce 0 o O 0 Ch 'ri cx m t o n E > 0 CV 0 0 w = - M W M CM En 0 > m 41 C C 0 > CL 0 E u 0 V 4- M Z ce 49 4W CF, C_ E CL Ch M:G o E z r - 0 9 70 as 0 CL E 0 0 70 0 0 0 0 C) a: 0 c as E a) CY) C) -C 70 N N 2 0 c M 0 tB CL co vs a) > 0 CL 0 LL E 0 CY) () Authorization for Use or Disclosure of PHI Policy Statement All uses and disclosures of protected health information (PHI) beyond those otherwise permitted by current HIPAA law, and not otherwise prohibited under another applicable law, require a signed authorization. In addition, the Health Plan, including any business associates on behalf of the Health Plan, may choose to obtain a signed authorization in situations where it is not required. �• • • • Responsibility For Obtaining 1. The HIPAA Privacy Officer or his/her designee will be Authorizations responsible for obtaining authorizations when use or disclosure of protected health information is necessary. Provision of Treatment, 2. The provision of treatment, payment, or eligibility for Payment, or Eligibility benefits may not be conditioned on the individual's provision of an authorization for the use or disclosure of PHI. Content of Authorization 3. Each authorization for the use or disclosure of an individual's PHI will be written in easy to read language and will include, at a minimum, the following information: a. A specific and meaningful description of the information to be used or disclosed; b. The name or identification of the person or class of person(s) authorized to make the use or disclosure; C. The name or identification of the person or class of person(s) to whom the requested use or disclosure may be made; d. An expiration date, condition or event that relates to the individual or the purpose of the use or disclosure; the authorization shall state that it will expire after ninety (90) days unless the individual has opted for a shorter or longer time. An individual may specify a longer period of time for the duration of the authorization only if the person: i. Is part of an approved research study and has given authorization for a longer period of time; or ii. Is expected to continue receiving services beyond ninety (90) days and has given authorization for a longer period of time, which may be up to one calendar year. e. A statement of the individual's right to revoke the authorization in writing, and exceptions to the right to revoke, together with a description of how the individual may revoke the authorization. Upon written notice of revocation, further use or disclosure of PHI shall cease immediately except to the extent that the facility, program or individual has acted in reliance upon the authorization or to the extent that use or disclosure is otherwise permitted or required by law; (See policy entitled Revocation of an Authorization.) f. A statement that the information may only be re- released with the written authorization of the individual, except as required by law; g. The dated signature of the individual; and h. If the authorization is signed by a personal representation of the individual, a description of the representative's authority to act on behalf of the individual. Request Form 4. The Health Plan may develop a standard form for authorizing use and disclosure of PHI. If the Health Plan develops a form, the form must be used for all authorizations. Requests to Use or Disclose 5. If the authorization is requested by the Health Plan for its PHI for Own Purposes own use or disclosure of the PHI it maintains, for purposes outside of treatment, payment or health care operations (TPO), health care oversight or public health activities, the following elements are required in addition to those specified in paragraph 3 above: a. Except in circumstances where it is allowed, a statement that treatment, payment and eligibility for benefits will not be conditioned upon the individual's provision of an authorization; b. A description of each purpose of the requested use or disclosure; c. A statement that the individual may refuse to sign the authorization; d. If applicable, a statement that the use or disclosure will result in direct or indirect remuneration for a third party; and e. A copy of the signed authorization provided to the individual. Requests for PHI from Others 6. If the authorization is requested for disclosures of PHI by others, the following elements are required in addition to those specified in paragraph 5 above: a. A description of each purpose of the requested disclosure; b. Except in circumstances where it is allowed, a statement that treatment, payment and eligibility for benefits will not be conditioned upon the individual's provision Ofanauthorization; C A statement that the individual may refuse to sign the authorization; and d. A copy of the signed authorization provided to the Use orDisclosure of PHI for 7. Use or disclosure of PHI created for research generally Research requires an authorization unless such use or disclosure is permitted by law. Such authorization must include the basic elements specified in paragraphs 3, 5, and 6 abOv8, as well 8S the following information: o. A description of the extent to which PHI will be used to carry OutTP0; b. A description Of any PHI that will not be used Or disclosed for purposes otherwise permitted, provided that the limitation may not preclude disclosures required by law or to avert serious threat to health or safety; and c. References t0 any privacy n0Uo8 expected to be given to the individual, that must include statements that the terms outlined in the privacy notice are binding. 8. The authorization for the use and disclosure 0f PHI created for research may be combined in the same document with the consent to participate in research, or the privacy Record Retention 9. Acopy of all HIPAA covered information and any revisions shall bemaintained fora period of at least six (6) years. Such retention may be in printed Or electronic format, or HIPAA Privacy Officer 10. The HIP/VA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIFY\A Privacy Officer i5 also the contact person for any questions or QJnnp|QintS regarding HIPAA. Questions Vr concerns about HIPAA rights should be directed to the HlP/V\ Privacy Officer during regular business office hours Monday through Friday, except holidays Ot(b51)Z49-2U53. Violations 11. Violations of this policy will be subject to discipline. Effective Date 12. Aod| 14, 2004. References: 45CF.R.§164.508(b) Please note: This Administrative Form relates to the Health Plan's Policy Form 13, Authorization for Use or Disclosure of PHI. Name: Date: I hereby authorize the use and disclosure of my protected health information ("PHI ") as indicated below. I understand that this authorization is voluntary and that I may revoke this authorization at any time except to the extent that action has been taken in reliance on this authorization. I also understand that if the individual or organization authorized to receive this information is not required to comply with current Privacy Rule, my PHI may be disclosed to others and no longer protected by the current federal Privacy Rule. ❑ Complete health care record(s) ❑ Progress Notes ❑ History & Physical Examination ❑ Care Plans ❑ Laboratory Reports ❑ Dental Records ❑ Medical /Treatment Records ❑ Photographs, Video Tapes, Digital or other ❑ Pathology Reports images ❑ X -Ray Reports ❑ Billing Statements ❑ Transcribed Reports ❑ Emergency Care Records ❑ Nurses` Notes ❑ Consultant Reports ❑ Discharge Summary ❑ Other: The information checked and/or listed above is to be released to: , for the purposes of: Assisting with claims resolution Insurance or other benefit eligibility or coverage Litigation, potential litigation, or other adversarial proceedings Fitness for duty determination, drug testing results, or other employment- related purposes Other: This authorization, for the release of the PHI checked and /or listed above, is valid for one (1) year after the date it is signed or upon completion of the use of the information for the purpose it was intended, unless an earlier expiration date is indicated here: I understand that the individual, organization, or entity receiving my PHI may receive financial or in -kind compensation in exchange for using or disclosing the PHI described above. I understand that I may refuse to sign this authorization and that my refusal to sign will not affect my ability to obtain treatment or payment or my eligibility for benefits. I understand that I may access and copy any PHI used or disclosed under this authorization. I understand that a fee may be charged for such copying services. I hereby release the Health Plan, its employees, officers, and health care professionals from any legal responsibility or liability for disclosure of the above information to the extent indicated and authorized herein. I understand that I may revoke this request at anytime by providing the Health Plan with my written notice of such revocation. Date: Date: Date: Signature: Printed name: or Signature of personal representative: Printed name of personal representative: Relationship to me and basis upon which can sign: Signature of witness: Printed name of witness: Revocation of an Authorization Policy Statement Individuals have the right to revoke the authorization to access, release, use or disclose their protected health information (PHI) at any time. (Also see policy entitled: Authorization for Use or Disclosure of PH-T ) i "q i • Revocation Request 1. All requests for revocation of an individual's authorization to access, release, use, or disclose PHI must be submitted to the HIPAA Privacy Officer in writing. The revocation must be specific enough to permit identification of the authorization that is being revoked. Oral requests will not be honored. Notification of Personnel of 2. Upon receipt of a written revocation, the HIPAA Privacy a Revocation Officer will notify relevant staff and impacted business associates that a revocation has been received and that no further information may be released as specified in the authorization, with the exception that personnel may, as a result of relying on the authorization: Exceptions to Revocation a. Complete the task it started (e.g., billings for services already provided); or, b. Submit findings from an independent medical examiner to the person /entity requesting it. Record Retention 3. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 4. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 5. Violations of this policy will be subject to discipline. Effective Date 6. April 14, 2004. References: 45 C.F.R. § 164.508(b)(5) REVOCATION BY SUBJECT OF PROTECTED HEALTH INFORMATION Please note: This Administrative Form relates to the Health Plan's Policy Form 10 (Individual Requested Restrictions on Use or Disclosure of PHI), Policy Form 11 (Individual Requested Restrictions on Confidential Communications), Policy Form 13 (Authorization for Use or Disclosure of PHI), Policy Form 14 (Revocation of an Authorization), and Policy Form 18 (Personal Representative). ILI I hereby revoke the following authorization and/or restriction, effective immediately: ❑ Authorization for Use or Disclosure ❑ Designation of Personal Representative ❑ Requested Restriction on Use or Disclosure ❑ Request for Confidential Communications ❑ Other: ❑ Other: ❑ Other: I understand that I cannot revoke any action already taken by the Health Plan in reliance upon my authorization and /or restriction prior to the date of this revocation. I understand that this revocation removes all authorizations and /or restrictions previously in place, and if I want to impose future authorizations or restrictions regarding my PHI, I will have to submit a new completed form to the Health Plan. Date: Date: Signature: Printed name: or Signature of personal representative: Printed name of personal representative: Relationship to me and basis upon which can sign: Signature of witness: Printed name of witness: For office use only Received by: Date: Business Associates & Business Associate Agreements Policy Statement The Health Plan may disclose protected health information (PHI) to business associates, or allow business associates to create or receive PHI, provided the business associate executives sign a written agreement to appropriately safeguard such PHI. i "q i • Definition of Business Associate 1. A business associate, means a person or entity who is not an employee or workforce member of the Health Plan, who performs or assists in the performance of a function or activity on behalf of the Health Plan that involves the use or disclosure of PHI, or provides legal, actuarial, accounting, consulting, data compilation, management, administrative, accreditation, or financial services. Definition of 2. An employee /workforce member, for the purposes of this Employee/ Workforce Member policy, means any employee, trainee, volunteer, or any other person(s) whose conduct, in the performance of work for the Health Plan, is under the direct control /supervision of the Health Plan, regardless of payment source. Identification of 3. It is the Health Plan's obligation to ensure that all of the Business Associates Health Plan's business associates have a written valid business associate agreement. Content of Business Associate 4. The business associate agreement between the Health Agreements Plan and the business associate establishes permitted and required uses or disclosure of PHI. Pursuant to the agreement the business associate must agree to at least: a. Not use or disclosure PHI; b. Develop safeguards to prevent unauthorized use or disclosure of information; C. Promptly report unauthorized access, use or disclosure of information to the HIPAA Privacy Officer; d. Require any subcontractors to adhere to the same requirements as outlined in the agreement between the Health Plan and business associate; Make information available for access by the individual or his /her representative as permitted by law; Allow individuals to amend medical information and incorporate such amendments as part of the PHI; Develop a process that allows for an accounting of uses and disclosures of information in accordance with current law; h. Make its internal practices. books and records relating to its receipt or creation of PHI available to the Office of the U.S. Secretary of Health and Human Services for purposes of determining the Health Plan's compliance with HIPAA regulations; i. Develop a process for returning or destroying all PHI upon termination of the business associate agreement; and j. Develop a process for continuing the full protection of PHI for as long as the business associate retains any PHI. Record Retention 5. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 6. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about your HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 7. Violations of this policy will be subject to discipline. Effective Date 8. April 14, 2004. References: 45 C.F.R. § 164.504(e) � f f � ♦ i f Policy Statement The Health Plan shall maintain all protected health information (PHI) documentation for a period of at least six (6) years from the date of its creation, or the date on which the document was last in effect, whichever is later. i "q i • Retention of PHI Documents 1. Certain documents classified as "privacy related documents" must be maintained for a period of at least six (6) years from the date of creation, or the date on which the document was last in effect, whichever is later. Privacy Related Documents 2. "Privacy related documents" include: a. Documentation that identifies the: i. Name, telephone number and address of the Health Plan's HIPAA Privacy Officer; ii. Name, title, telephone number and address of the individual responsible for receiving complaints; iii. Name, title, telephone number and address of the individual responsible for obtaining and processing access, use, and disclosure of PHI requests; iv. Name, title, telephone number and address of the individual responsible for receiving and processing amendment of PHI requests; V. Attempts to obtain consent when consent could not be obtained and the reason(s) why such consent could not be obtained; vi. Method by which PHI will be de- identified; vii. Sanctions imposed against Health Plan employees, business associates, or others who violate Health Plan policy /HIPAA regulations; b. All signed authorizations, consents, and agreed to restrictions; C. Copies of all notices of privacy practices (NPPs) including any revisions to such NPPs; d. Accounting of disclosures logs; e. Any privacy complaints received and their dispositions; and f. Copies of all HIPAA related policies and Adding/Deleting 3. Documents may be added or deleted from the above Documentation listing as may become necessary by law or as may be established by Health Plan practice Urpolicy. Identifying/ Storage of PHI 4. The HIPAA Privacy Officer isresponsible for identification Documents and storage of privacy related records, electronic files, etc., for purposes of complying with this policy. Record Retention 5. A copy of all HIPAA covered information and any revisions shall be maintained for period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer h. The HIPAA Privacy Officer is responsible for the development and implementation of the HIP/V\ policies and pn}Q8dun25. The HIPAA Privacy 0ffiC8riS also the contact person for any questions or complaints regarding HIPAA. Questions Or CVnC8rnS about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays Ot(b51)Z49-ZU53. Violations 7. Violations of this policy will be subject to discipline. Effective Date 8. Aoh| 14, 2004. References: HIPAA Privacy Training Program Policy Statement The Health Plan must train all relevant members of its workforce onHIPAA policies and procedures, as necessary and appropriate for the members of the workforce to carry out their function within the Health UMU1,77.7i "q HIPAA Training Program 1. To ensure the confidentiality of individual's protected health information (PHI), HIPAA training shall be provided for all employees Of the Plan Sponsor who have responsibilities involving the use/disclosure of PHI, and other vvOrkfOrC8 m8nnb8rS as deemed necessary within the SO|8 discretion of the HIPAA Privacy Officer. It is the HIPAA Privacy Officer's responsibility b3 0v8rS88 such HIPAA Training. Workforce Members Z. An employee/workforce member, for the purposes of this policy, means any employee, trainee, volunteer, Or any other person(s) whose conduct, in the performance Of work for the Health Plan, is under the direct control/supervision of the Health Plan, regardless Of payment source. Content of HIPAA Training 3. The HIPAA Training shall include, but is not limited to: Program 8. An overview Of the HIPAA privacy regulations relative b]the identification and protection of PHI. b. A review of the Health Plan's HIPAA pU|i[i85 and procedures; C. Permissible uses and disclosures OfPHI; d. Application of the Health Plan's HIPAA policies and procedures to employee's job responsibilities; e. The identity and |VC8Li0n of the Health Plan's HIPAA Privacy Officer; t The requirement that BU employees report any potential violations of the Health Plan's policies and procedures or the HIPAA regulations, whether caused by a workforce member or a service provider, to the HIPAA Privacy Officer; and g. Other information relative LO the protection and security of PHI. Newly Hired Employees/ 4. Before being allowed access to PHI, all newly hired Business Associates employees, and employees new to a position requiring access to PHI, shall be required to sign and date a written acknowledgement that the new employee has completed HIPAA Training. Acknowledgment of Training 5. Department directors will be required to have a signed Attendance and dated written acknowledgment that the new employee has completed HIPAA Training before being allowed access to PHI. Attendance Records 6. The HIPAA Privacy Officer shall maintain a record of all personnel who attend HIPAA Training. Such records shall be maintained in accordance with the Retention of PHI Documentation Policy. Annual Training 7. Updated training shall take place at least annually. Should a change in the training program or security systems occur before an annual training session occurs, impacted employees shall receive interim training materials or abbreviated instructions. Record Retention 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 9. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 10. Violations of this policy will be subject to discipline. Effective Date 11. April 14, 2004. References: 45 C.F.R. § 164.530(b) ACKNOWLEDGMENT OF TRAINING ATTENDANCE Please note. This Administrative Form relates to the Health Plan's Policy Form 17, HIPAA Privacy Training Program. acknowledge that I have attended and completed HIPAA Training on 200_. Name (print) Signature Date Personal Representative Policy Statement The Health Plan must treat a personal representative the same as it would the individual who is the subject of the protected health information (PHI), unless one of the exceptions applies. In general, a personal representative is someone who is recognized under applicable state law as a personal representative (e.g., parent /guardian, power of attorney, executor of estate). �• • • Designation as Personal 1. The person who is the subject of the PHI may designate Representative another person as a personal representative, or a person may seek to be recognized as a personal representative, by filing the appropriate written documentation with the Health Plan. Rights of Personal 2. The personal representative must be treated the same Representative as the individual, except as specified below: Restrictions on Personal a. If the Health Plan reasonably believes that the Representative individual has been or may be subjected to domestic violence, abuse, or neglect by the person seeking to be treated as a personal representative, or that treating the person as the personal representative could endanger the individual. b. If the Health Plan, in the exercise of professional judgment, decides that treating the person as the individual's personal representative would not be in the individual's best interest. C. If a parent is the personal representative of a minor child, but disclosure to the parent is prohibited under state law. d. If a minor child consented to the treatment, no other consent was required, and the minor has not requested the person be treated as the minor's personal representative. e. If a minor child may lawfully obtain treatment without the consent of a parent and consent was lawfully obtained. f. If the parent has agreed to a confidential relationship between the minor and the physician with respect to that treatment. Record Retention 3. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 4. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 5. Violations of this policy will be subject to discipline. Effective Date 6. April 14, 2004. References: 45 C.F.R. § 164.502(g) DESIGNATION OF PERSONAL REPRESENTATIVE FORM Please note: This Administrative Form relates to the Health Plan's Policy Form 18, Personal Representative. Note: This form is used to confirm permission for the Health Plan to discuss with or disclose a person's protected health information ( "PHI') to a particular individual who acts as the person's personal representative. Use of this information is strictly limited to that purpose. Subject of PHI's Name: Please complete either Part I or Part IT below. Date: I hereby authorize the following person to act as my personal representative as indicated below. I understand that this authorization is voluntary and that I may revoke this authorization at any time except to the extent that action has been taken in reliance on this authorization. Name of personal representative: Date of birth of personal representative (used for verification purposes on phone inquiries): Social Security # of personal representative (used for verification purposes on phone inquiries): Address: Relationship to me: Password personal representative must provide to access protected health information ("PHI ") about me: Password: Description of nature of representation and limits thereon (attach supporting documentation, if any, such as court orders, Power of Attorney, etc): NOTE: I understand that I have the right to limit the information that is released under this authorization. For example, I may limit my personal representative's access to information about a particular issue. Any such limitations must be described below in writing. I understand that by leaving this section blank, I am imposing no limitations on disclosure. Limitations on Disclosure: I understand that I may revoke this authorization at anytime by providing written notice of such revocation to the Health Plan. I have had full opportunity to read and consider the content of this Designation of Personal Representative form. I confirm that this authorization is consistent with my request. I understand that, by signing this form, I am confirming my authorization that the Health Plan may use and/or disclose my PHI to the person named as personal representative for the purpose described above. Date: Signature: Printed name: Signature of witness: Printed name of witness: Date: PART II: THIRD PARTY DESIGNATION Name of personal representative: Date of birth of personal representative (used for verification purposes on phone inquiries): Social Security # of personal representative (used for verification purposes on phone inquiries): Address: Relationship to Subject of PHI: Password personal representative must provide to access protected health information ( "PHI ") about me: Password: Description of nature of representation and limits thereon (attach supporting documentation, if any, such as court orders, Power of Attorney, etc): For office use only Received by: Date: Coordination with Other Laws Policy Statement In addition to being subject to HIPAA, the Health Plan may also be subject to other state and federal laws regarding medical information and privacy. The Health Plan intends to comply with all applicable state and federal laws. However if there is a conflict between the laws, the HIPAA Privacy Officer will resolve the conflict according to this Coordination with Other Laws policy. � M. .7, F-M-1 M. Floor 1. The HIPAA regulations are the floor above which other laws may create more narrow restrictions. No law, whether federal or state, may allow less restriction than HIPAA. Apply Both Laws 2. If a potential conflict exists, the Health Plan shall attempt to find a way to comply with both laws. For example, if one law permits disclosure, but HIPAA does not, the Health Plan could obtain an individual authorization and succeed in complying with both laws. Follow the Law that Requires 3. If another federal law requires disclosure or use of PHI Use or Disclosure that HIPAA prohibits, the Health Plan may use or disclose the PHI in accordance with the other federal law. This is not a violation of HIPAA. HIPAA's privacy rules allow the Health Plan to use or disclose PHI as required by other federal laws. Follow the More Specific Law 4. If there is a very specific law regarding use or disclosure of PHI that is in conflict with HIPAA, the more specific law should be followed. For example, if HIPAA allows an individual a right to access test results, but a specific federal law prohibits that type of disclosure, the specific law should be followed. State Law Preemption 5. HIPAA provides for preemption of state laws that are less restrictive than HIPAA. However, HIPAA does not preempt state laws that are more restrictive. If the Health Plan encounters a conflict between HIPAA and a state law, the Health Plan should follow the more restrictive law. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: Preamble to HIPAA Regulations f f ' f Lei 1 &1 Policy Statement The Health Plan may not disclose protected health information (PHI) to the plan sponsor except in specific situations recognized by HIPAA. ' • • • • I= - • Definition of Plan Sponsor 1. The term "plan sponsor" means (i) the employer in the case of an employee benefit plan established or maintained by a single employer, (ii) the employee organization in the case of a plan established or maintained by an employee organization, or (iii) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan. Permitted Disclosure to Plan 2. Summary health information may be disclosed to the Sponsor for Settlor Functions plan sponsor for: a. Obtaining premium bids for providing health insurance coverage under the Health Plan; and b. Modifying, amending or terminating the Health Plan. Summary Health Information 3. Summary health information is information that summarizes the claims history, expenses, or types of claims by individuals for whom the Plan Sponsor has provided health benefits under the Health Plan. Permitted Disclosure to Plan 4. To the extent described in the plan documents and Sponsor for Plan Administration notice of privacy practices, the Health Plan may Functions disclose PHI to the plan sponsor necessary to perform plan administration activities such as: a. Quality assurance; b. Claims processing; C. Auditing; and d. Monitoring and managing carve -out plans like vision and dental. Enrollment Functions S. These restrictions do not affect the plan sponsor's ability to perform enrollment functions on behalf of its employees. Record Retention 6. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. HIPAA Privacy Officer 7. The HIPAA Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The HIPAA Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 8. Violations of this policy will be subject to discipline. Effective Date 9. April 14, 2004. References: 45 C.F.R. § 164.504(f) MUM= Policy Statement The Health Plan will mitigate, to the extent practicable, any harmful effect that is known to the Health Plan of a use or disclosure of protected health information (PHI) in violation of its policies and procedures by the Health Plan or its business associates. Mitigation Actions 1. When a violation of the Health Plan's policies and procedures are brought to the attention of the Health Plan, the following action will be taken: a. The Privacy Officer will be notified and will start an immediate investigation into the violation; b. The Health Plan will identify the extent of the breach and will take reasonable steps to mitigate or correct the violation; and C. The Health Plan will document the steps taken to mitigate. Record Retention 2. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. Privacy Officer 3. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 4. Violations of this policy will be subject to discipline. Effective Date 5. April 14, 2004. References: 45 C.F.R. § 164.530(f) Discipline Policy Policy Statement HIPAA requires the Health Plan to discipline individuals subject to, but who fail to comply with HIPAA's requirements as reflected in the Health Plan's privacy policies and procedures. The purpose of this Discipline Policy is to establish guidelines for the disciplinary processes. Please note: This Discipline Policy applies exclusively to violations of the Health Plan's privacy policies and procedures. • • • i M. • Discipline Policy 1. A failure to comply by an individual subject to the Health Plan's policies and procedures, or with the provisions of HIPAA, will be addressed in a timely manner. Specific disciplinary actions to be taken will be proportional to the severity of the infraction. Initial Determination 2. The HIPAA Privacy Officer, in its sole discretion, shall make an initial determination. If true, the allegations in the complaint constitute a violation of the Health Plan's privacy policies and procedures. Discipline Procedure 3. Complaints or allegations against an individual will be discussed with the individual in question by the HIPAA Privacy Officer and, if deemed appropriate, will be investigated by the HIPAA Privacy Officer. 4. In general, a known or intentional infraction of the Health Plan's policies and procedures, or of HIPAA's provisions, will result in: First offense: Oral counseling by the HIPAA Privacy Officer, and written documentation in the individual's file. b. Second offense: Oral counseling by the HIPAA Privacy Officer, and a written warning. C. Third offense: Discipline up to and including probation, suspension or termination of employment. Intentional Misuse 5. In general, intentional misuse or abuse of PHI will result in: a. First offense: Oral counseling by the HIPAA Privacy Officer, and written documentation in the individual's file. b. Second offense: Oral counseling by the HIPAA Privacy Officer, and a written warning. C. Third offense: Discipline up to and including probation, suspension or termination Of b. Notwithstanding items 4 and 5, the HIPAAPrivacy Officer retains discretion to deviate based on the particular facts and circumstances. Each infraction will be handled On an individual basis b} ensure that disciplinary actions are proportional to the severity Of the infraction. Record Retention 7. Acopy of all HIPAA covered information and any revisions shall be maintained for a period Of at least Sk( (h) years. Such retention may be in printed Or electronic format, or both. HIPAA Privacy Officer 8. The HIPAA Privacy Officer is responsible for the development and implementation Of the HIPAA policies and procedures. The HIPAA Privacy 0ffiC8r is also the contact person for any questions Or complaints regarding HIPAA. Questions Orconcerns about HIPAA rights should be directed b}the HIPAA Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) Z49-ZO53. Effective Date 9. April 14,20U4. References: Administrative Safeguards Policy Statement The Health Plan will make reasonable efforts to maintain adequate administrative, technical and physical safeguards to protect the privacy of protected health information (PHI) from unauthorized use or disclosure, whether intentional or unintentional, and from theft and unauthorized alterations. i "q i • Implementation of Safeguards Periodic Review Record Retention Privacy Officer Violations Effective Date 1. The HIPAA Privacy Officer will work with appropriate personnel to determine and implement safeguards to protect PHI from unauthorized use or disclosure. The HIPAA Privacy Officer will complete periodic reviews with all business units regarding the transportation, storage, usage, disclosure, and disposal of PHI to identify risks to the privacy and security of the PHI. If necessary, policies and procedures will be amended and the applicable workforce retrained in order to maintain reasonable efforts of safeguarding such information. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. 4. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. If you have a question or concern about your HIPAA rights contact the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. 5. Violations of this policy will be subject to discipline. 6. April 14, 2003. References: 45 C.F.R. § 164.530 Computer Terminals /Workstations Policy Statement Computer terminals and workstations will be positioned /shielded to ensure that protected health information (PHI) is protected from public view, view by those without a need to know whether inadvertent or otherwise, or unauthorized access. i i i i i • Positioning /Shielding 1. Insofar as practical /feasible, computer Workstation /Terminals terminals /workstations shall be positioned or shielded so that screens are not visible to the public and /or to unauthorized staff. Access Limitations 2. Only authorized users are granted access to individual and Health Plan information. Such access is limited to specific, denied, documented and approved applications and level of access rights. Leaving Workstations or Terminals Unattended Clearing Terminal Screens A user may not leave his /her workstation or terminal unattended for long periods of time (e.g., breaks, lunch, meetings, etc.) unless the terminal screen is cleared and the user is logged off. Users who can close and lock their doors may use this option rather than logging off. Each user must log off at the end of his /her work shift. 4. A user must clear the terminal screen if the workstation or terminal is left briefly unattended. Securing Hard Copy Data 5. All hard copy printed information must be positioned in such a manner that it cannot be viewed or read by the public and /or unauthorized staff. Such data must be placed in designated secure areas upon leaving the work area and at the end of the work shift. Sharing/ Piggyback of 6. A user may not (1) share or disclose his /her Password /User ID Code password or ID code with other staff members or other non -staff members, or (2) allow staff members or other non -staff members access privileges (e.g., piggyback access) while the user is logged onto the information system used by the Health Plan. Direct supervisors and IT staff will be allowed access to passwords but will be required to be HIPAA trained and to follow HIPAA policies and procedures. Record Retention 7. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. Privacy Officer 8. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HlFY\A rights should be directed t0 the HIP/V\ Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2O5]. Violations 9. Violations of this policy will be subject todiscipline. Effective Date 10. April 14, 2004. References: Electronic Mail System (E -Mail) Policy Statement The Health Plan utilizes electronic mail (E -Mail) in transmitting individual and Health Plan information. Established security measures must be followed by all personnel who have the authority to access, use, or transmit protected health information (PHI) electronically. i "q i • Application of Policies 1. This policy applies to all usage of e -mail systems related to the Health Plan whether or not the e -mail is originated from or is received into the computer or network system used by the Health Plan. Such policies apply to all authorized users including employees, business associates, staff or consultants. Definition of Authorized User 2. For the purposes of this policy, an "authorized user" is defined as any person who (1) has been assigned a password and user ID code and (2) has the authority to read, enter, or update information created or transmitted by the Health Plan. Personal Use of E -Mail and 3. Users have the responsibility and obligation to use Internet Systems e -mail and internet systems appropriate, effectively, and efficiently. Incidental personal use is permissible if: a. Personal use is limited to meal and break times; b. It does not interfere with the normal business use of such services; C. It does not interfere with the work productivity of the user or other employees; and d. Passwords and user ID codes are not shared with others, except as specified in Computer Terminal /Workstation Policy. Improper Use of Health Plan's 4. Improper use of e -mail and internet services is E -Mail or Internet Services strictly prohibited. Examples of such improper use include, but are not limited to: a. Sending /forwarding harassing, insulting, defamatory, obscene, offending or threatening messages; b. Gambling, surfing or downloading pornography; C. Downloading or sending confidential individual or PHI without proper authorization; d. Copying or transmission of any document, software or other information protected by copyright and /or patent law, without proper authorization; e. Transmission of highly sensitive or confidential information (e.g., HIV status, mental illness, chemical dependency, workers' compensation claims, etc.); f. Obtaining access to files or communication of others without proper authorization; g. Attempting unauthorized access to individual or Health Plan data; h. Attempting to breach any security measure on any of the Health Plan's electronic communication system(s); i. Attempting to intercept any electronic communication transmission without proper authorization; j. Misrepresenting, obscuring, suppressing, or replacing an authorized user's identity; k. Using e -mail addresses for marketing purposes without permission from the recipient(s); Using e -mail system for solicitation of funds, political messages, or any other illegal activities; and /or Ownership of E -Mail Messages Inadvertent Access to E -Mail M. Releasing of passwords and user ID codes to unauthorized individuals. 5. Messages whether originated or received into the Health Plan e -mail system are considered to be the property of the Health Plan and, therefore, are subject to the review and monitoring of the HIPAA Privacy Officer. The Health Plan reserves the right to access employee e -mail (whether present or not) for the purposes of ensuring the protection of individual /Health Plan information. 6. During routine maintenance, upgrades, problem resolution, etc. information systems technician(s) may inadvertently access user e -mail communications. Such staff, when carrying out their assignments, will not intentionally read or disclose content of e -mail unless such data is found to be in violation of the HIPAA Policies and Procedures. If found to be in violation, IT staff will report the information to the Privacy Officer. Protection of Information Responding WmE-mail Messages Maintaining/Archiving E-Mail Messages 7. Users of the e-mail SySt8nl must ensure that all information forwarded, distributed, or printed is protected according to the HIP/V\ Policies and 8. When mne-mail n18Ssmg8 is received containing PHI, any reply of response to that message (i.8, an acknowledgement or receipt of the message) must not include PHI. E-mail systems often automatically include the sender's e-mail message when a reply is made. When the original message includes PHI, the function Of the software must be disabled or the original message must be manually deleted prior to sending a reply un|8SS necessary for payment or healthcare operations. 9. E-mail messages may not be maintained or archived for more than thirty /30\ days, unless otherwise approved by the HIPAA Privacy Officer. Record Retention 10. A copy of all HIPAA covered information and any revisions shall be maintained for a period Of at least Sk( (h) years. Such retention may be in printed Or electronic format, Or both. HIPAA Privacy Officer 11. The HIPAA Privacy Officer is responsible for the development and implementation Of the HIPAA policies and procedures. The HIPAA Privacy 0ffiC8r is also the contact person for any questions Or complaints regarding HIPAA. If you have question Or concern about your HIPAA rights contact the HIP/V\ Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249-2053. Violations 12. Violations of this policy will be subject to discipline. Effective Date 13. April 14, 2004 References: Seegenerally45 C.F.R. § 164.530 Facsimile Machines Policy Statement The Health Plan utilizes facsimile (fax) machines to transmit data from one location to another on a routine basis. The Health Plan will provide physical and procedural safeguards to minimize the possibility of unauthorized observation or access to protected health information (PHI) during the transmission or receipt of data via a facsimile machine. This policy outlines the required elements for a secure location of a facsimile machine. The procedure establishes guidelines for how the Health Plan will reasonably safeguard the transmission and receipt of PHI via a facsimile machine to limit incidental or accidental use or disclosure of PHI. �• • • • . • Secure Location 1. Fax machines used to transmit or receive PHI shall be placed in secure locations. Whenever possible, fax machines used to receive PHI will not be used regularly for other purposes. Pre - Programmed Numbers 2. Frequently used destination numbers will be pre- programmed into fax machines and tested before being used to transmit PHI. Each fax machine will display a key that identifies the destination for each pre - programmed fax number. Non Pre - Programmed Numbers 3. When PHI is faxed to a destination number that is not pre - programmed, the fax machine operator will double -check the accuracy of the number in the machine's display before sending the fax. Cover Letter 4. All fax messages will include a standard cover sheet, developed by the Privacy Officer, with the following (or substantially similar) statement: Confidentiality Statement: The documents accompanying this transmission contain confidential health information that is legally privileged. This information is intended only for the use of the individuals or entities listed above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or action taken in reliance on the contents of these documents is strictly prohibited. If you have received this information in error, please notify the sender immediately and arrange for the return or destruction of these documents. Transmittal Sheets 5. Transmittal sheets will be checked immediately after each transmission of PHI, to assure that the information was sent to the correct number. Misdirected Faxes 6. If PHI has been sent to the wrong fax number, the sender must immediately send a second fax to the number that was contacted in error, reiterating the confidentiality message, and asking the recipient to telephone the sender immediately to arrange proper disposition of the information. Any instance of transmitting PHI to the wrong destination number must be reported to the Privacy Officer immediately. The report must include the date, time, the wrong number, the correct number, the intended recipient, the identity of the member, and a brief description of the information that was transmitted in error. Transmission of PHI by fax to a wrong number must be included in an accounting of disclosures of PHI. Received Faxes 7. Prior to distribution of a received fax message, the fax message must be reviewed to make sure that all pages that belong to that fax message have been received and are together, and pages that belong to other fax messages are not included. The cover sheet received with the message, if any, will be placed on top of the message. Record Retention 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. Privacy Officer 9. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 10. Violations of this policy will be subject to discipline. Effective Date 11. April 14, 2004. References: Seegenerally45 C.F.R. § 164.530 Copy Machines Policy Statement The Health Plan utilizes copy machines to copy data on a routine basis. The Health Plan will provide physical and procedural safeguards to minimize the possibility of unauthorized observation or access to protected health information (PHI) during the copying of data. This policy outlines the required elements for a secure location of a copy machine and establishes guidelines for how the Health Plan will reasonably safeguard PHI during copying to limit incidental or accidental use or disclosure of PHI. � M. • • . • Secure Location 1. Copy machines used to copy PHI shall be placed in secure locations. Removal of Original 2. Following the copying of any document containing PHI, the person making the copies will double -check to confirm that no original documents containing PHI are left on or at the copy machine. Removal of Copies 3. Following the copying of any document containing PHI, the person making the copies will double -check to confirm that none of the copies containing PHI are left on or at the copy machine. Erasing Memory 4. If the copy machine is equipped with a memory that allows the reprinting of a document previously copied, upon completion of the copy job involving documents containing PHI, the person making the copies will delete the memory and double -check that the memory has been deleted prior to leaving the copy machine. Destruction of Certain Copies 5. In the event a copy (because it is not dai destroyed, the person the copy, regardless shredding it. containing PHI is unusable enough, etc.) and is to be making the copy will destroy of whether it is legible, by Unattended Copying Outsourcing 6. In no instance shall the person making copies of documents containing PHI leave the copier unattended while copies are being made. 7. To the extent possible, copies of PHI should be made on site in accordance with the foregoing procedures. In some instances it may, however, be appropriate to outsource copying of documents and data containing PHI to a third party copy service (i.e., large volumes of documents to copy or large numbers of copies needed). Prior to providing documents /data containing PHI to any such copy service for copying, the copy service must sign a business associate agreement. Furthermore, the Mail policy shall be followed with respect to delivering the original documents /data to the copy service. Record Retention 8. A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. Privacy Officer 9. The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business office hours Monday through Friday, except holidays at (651) 249 -2053. Violations 10. Violations of this policy will be subject to discipline. Effective Date 11. April 14, 2004. References: Seegenerally45 C.F.R. § 164.530 Mail — Internal and External Policy Statement The Health Plan utilizes both internal and external mail (i.e., postal service and delivery services) to deliver data on a routine basis. The Health Plan will provide physical and procedural safeguards to minimize the possibility of unauthorized observation or access to protected health information (PHI) during the mailing of data. This procedure establishes guidelines for how the Health Plan will reasonably safeguard PHI during mailing of data to limit incidental or accidental use or disclosure of PHI. � M. • • . • Addresses When PHI is mailed, whether internally or externally, the person sending the mail will double -check the accuracy of the address of the addressee before sending the mail. Information Contained on When PHI is mailed, whether internally or externally, no Envelopes PHI shall be included on the envelope, nor shall it be visible through the envelope, including any window in the envelope. With respect to internal mail, only the recipients name shall be indicated on the envelope. Secure Envelopes When PHI is mailed, whether internally or externally, it should be mailed in a sealed envelope or an envelope that may be securely closed and it should not be provided to unauthorized staff or third persons (i.e., mail room staff) until properly sealed or closed. To the extent it is impractical to place it in a secure envelope, interoffice mail may be transmitted without an envelope, provided that the first page of the mail does not contain PHI (i.e., a cover page is used or the first page is turned over) and PHI is not otherwise visible. Receipt of Mail Only authorized staff shall open mail that is received, whether from internal or external sources, from a subject of PHI or from any other party where it is likely the mail contains PHI. To the extent mail is received in an envelope that is not addressed to a specific person, where it is unclear that it is from the subject of PHI, or where it is unclear whether it may contain PHI, the mail may be opened by unauthorized staff, provided that person opening the envelope reviews the least amount of contents needed to determine to whom the mail is addressed and/or that it contains PHI, at which time the mail should be delivered to the appropriate person. Record Retention A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. Privacy Officer The Privacy Officer is responsible for the development and implementation of the HlFAA policies and procedures. The Privacy Officer is also the contact person for any questions Or COnlp|GintS regarding HIFY\A. Questions or concerns about HIPAA rights should be directed to the Privacy Officer during regular business 0Mi[8 hours Monday through Friday, except holidays at(h51)249-205]. Violations Violations of this policy will be subject to discipline. Effective Date April 14, 2004. References: Seegenerally45 CF.R.§164.530 Storage of Documents Policy Statement Documents containing protected health information (PHI) will be stored so that they are protected from public view, view by those without a need to know whether inadvertent or otherwise, or unauthorized access. i "q i • Storage of Documents Documents containing PHI shall be stored in locked file cabinets separate from other documents (i.e., personnel files) to which unauthorized staff may appropriately have access. Insofar as practical /feasible, the file cabinets shall be located in a secure location Access Limitations Only authorized staff are granted access to individual and Health Plan information. Such access is limited to specific, denied, documented and approved applications and level of access rights. Leaving File Cabinet Unlocked Authorized staff may not leave file cabinets containing and Unattended documents with PHI unlocked and unattended for long periods of time (e.g., breaks, lunch, meetings, etc.). File cabinets must be locked at the end of the work shift. Sharing Key to File Cabinet Authorized staff may not (1) provide the key the any file cabinet containing PHI documents to other staff members or other non -staff members, or (2) allow other staff members or other non -staff members access to said file cabinets. Record Retention A copy of all HIPAA covered information and any revisions shall be maintained for a period of at least six (6) years. Such retention may be in printed or electronic format, or both. Privacy Officer The Privacy Officer is responsible for the development and implementation of the HIPAA policies and procedures. The Privacy Officer is also the contact person for any questions or complaints regarding HIPAA. Questions or concerns about HIPAA rights should be directed to the HIPAA Privacy Officer during regular business office hours [`Monday through Friday, except holidays at (651) 249 -2053. Violations Violations of this policy will be subject to discipline. Effective Date April 14, 2004. References: Seegenerally45 C.F.R. § 164.530 RESOLUTION NO. 2006 - A RESOLUTION ACKNOWLEDGING THE CITY OF MAPLEWOOD'S COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT WHEREAS, the City Council of the City of Maplewood is the official governing body of the City of Maplewood; and, WHEREAS, the Federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires that all health plans implement regulations for the purposes of ensuring the portability of health care coverage when moving to a new job, reducing paperwork by conducting electronic payment transactions, and securing the privacy of individual protected health information; and WHEREAS, the City of Maplewood, in limited functions, acts as health plans for employees and is therefore subject to HIPAA regulation; and WHEREAS, HIPAA regulations require that the City designate itself as a covered entity; and WHEREAS, the City is required to develop internal policies and procedures to carry out all HIPAA regulations; and WHEREAS, the City must name a Privacy and Complaint Official to respond to HIPAA- related questions or grievances for our covered employee health plans; and WHEREAS, HIPAA regulations require that the City provide affected health plan participants with a Notice of Privacy Practices, informing them of their privacy rights. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD IN REGULAR MEETING ASSEMBLED, that the City hereby amends the Organized Health Care Arrangement to include: Health Care Flex Plan — Medical Reimbursement Portion, Retiree Health Savings Plans, Long Term Care Insurance, Health and Dental Insurance, Employee Assistance Plan, Health Reimbursement Arrangement, and the Police and Fire Fitness Plan; and BE IT FURTHER RESOLVED that the City hereby adopts the revised City of Maplewood's Privacy of Protected Health Information Policies and Procedures; and BE IT FURTHER RESOLVED that, in compliance with HIPAA regulations, the City hereby adopts the City of Maplewood Notice of Privacy Practices as updated May 22, 2006 HIPAA Protected Health Information Policy and Procedures Manual; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a copy of this Resolution to be published in the official newspaper of the City. Passed and adopted this day of 2006, Mayor ATTEST: City Clerk Agenda Item 16 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Ed Nadeau, Utility Superintendent SUBJECT: Authorize Purchase of Manhole Castings and Covers for City Project 05 -16, Kenwood Area Street Improvements DATE: June 1, 2006 INTRODUCTION The Sanitary Sewer Division has the funds to purchase manhole castings and covers for the Kenwood Area Street Improvement Project 05 -16 at a cost of $15,431.85. This purchase will exceed the ordinance allowed expenditure of $5,000.00. The negotiated price was established by receiving two written quotes. Authorization from the city council to allow the purchase of manhole castings and covers from ESS Brothers Inc. by Utility Superintendent Ed Nadeau is requested. It is recommended that the city council approve the purchase of manhole castings and covers from ESS Brothers Inc. by Utility Superintendent Ed Nadeau. Attachments: 1. Quote from Ess Brothers 2. Quote from Neenah 3. Location Map Agenda Item 16 5/26/2006 1:58 PIM FROM: ESS /SST ESS BROTHERS TO: ;�; �651J 249 - 2459 RAGE: 002 OH 062 CITY: PROJECT NAMEINUMBER: DATE OF BID OPENING: ENGINEERIPHONE #: CITY OF MAPLEWOOD MN ATTENTION: ED ASSORTED JOBS QUANTITY I I DESCRIPTION UNIT PRICE I TOTAL ........ ... 7 .......... R -314 SANITARY MH $207.00 1 $14,490.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Tax ra te: Quantities are approximate, changes could alter price. Freight is estimated on one single shipment. Quotes Valid for 60 days 6.5% NIC Subtotal Tax Total NIC $14,490,00 $941.85 $15.431.85 Ess Brothers and Sons, Inc. Agenda Item 16 MISUSEM NEENAH FOUNDRY COMPANY kk4 Q955721 MAPLEWOOD PtTULIC WOKS 1830E CO. RDD A'TTN: ED MAPLEWOOD MN 55109 Attn: ED Phone #: (651) 249 -2430 Fax #: (651) 249 -2459 701 INDUSTRIAL AL CRCLIE Sty. SHAKOPFE, MN 55379 PHONE; 952-W-5335 6U0- 928.5850tMN $00- 252 -5801 FAX: 952445.6417 DALTE! May 2h, 2006 REFE14ANCE: We are pleased to submit the rottowing quorarnan in tjf uuruariw n UZ Yvur i�{c• � s• Quaptity Catalog No. Description Each Wt Price Units 70 Sets R -1678 FRAME, type A, mach Seat, CI, 0900 1684 $223.00 Set SPLIT} LID, type B, 'SANITARY SEWER' IN 1 IN- 140# LTTF,S_, mach seat, CSI, 0900, 1 dep. el lift TOTAL ESTIMATED WEIGHT: 21,560 lbs (Excluding Skids) Po 9. ft� A.r,:zhwi Page 1 of '1 Neenah Foundry Terms & COn4410n3 apply ants are i" I lu,c Ilr . — A.- u,— - - - -.., unpainted. Quantities are approximate, 6anges could alter unit prices. Estimated freight based on above quantities shipping in one complete shipment Any order submitted pursuant to this quotation shall not result in a contract until it is accepted and acknowledged in writing by Neenah Foundry Company (SELLER)- Prices are valid on orders entered within 30 bays from date of quotation, with shipment at earliest availability. Terms are not 30 days. Prices do not include tm NEENAH FOUNDRY COMPANY BY DAVID MESLER SALESMEN(6U - 919-0953 ) d 'al IN A�aNN01 i V NI33N 1 T .1 90(17, '97, '41A enda Item 16 I I ry w VIKING DR. n w 0 ry < Li 3: 0 LAURIE CT. 4 z- , < n ui BURKI u� 7 ' ELDRIDGE 1 cn Oehrline BELMONT La ke AVE. SKILLMAN AV. 0 2� < (Y ry CK, M C/) M z W Edgerton Park A W z >- >- W < w Li ry n -1 0 ROSELAWN AV. -i I BELLWOOD n 0 C SUMMER °o C CT. i, i - D ry ui Lu < A Y TRAIL RIP LEY AV- GATE ®� PROPOSED STREET IMPROVEMENT BURKE CT Maplecrest Park AVE. F 4� N KEW' OOD LN. 0 �D Keller La ke 61 11-1 Exhibit 1: Project Location Kenwood Area Street Improvements City Project 05-16 Agenda Item 17 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles, Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Approve Purchases for Gladstone North Area Street Improvement Project, City Project 04 -15 DATE: June 2, 2006 INTRODUCTION It is necessary to contract for the services of outside contractors for the Gladstone North Area Street Project 04 -15 for the native seeding of large rainwater gardens. These purchases will exceed the ordinance - allowed expenditure amount of $5,000. Two written quotations were obtained from prospective contractors for the required services. DISCUSSION Written quotations for native seeding and three years of maintenance for several large public rainwater gardens along Curve Street, Manton St. and Clarence Street were received from North American Prairie for $6,000 and from Applied Ecological Services for $14,840.00. Authorization for the purchase of native seeding and maintenance in the amount of $6,000.00 from North American Prairie is requested. RECOMMENDATION It is recommended that council authorize the purchase of services from North American Prairie that are required for the completion of the Gladstone North Project, City Project 04 -15. Attachments 1. Quotation from North American Prairie 2. Quotation from Applied Ecological Services 3. Location Map l i ORT� MER ICflfV RAIRIE r 14sten'n -9 to 07. Lamd Producer, Parr and Ste =4 Aa6v Plant Cuuuuunitim Estimate DATE 5118/2006 Estimate NO. 1791 ::1 NAME lADDRESS TERMS DUE DATE REP FOB PROJECT ACRES Net 30 6/1712006 TRB 2 ITEM DESCRIPTION QTY COST TOTAL Installation, Seed and Maintenance of Curve St, Clarence, Manton Site prep Including, Spraying, soil prep, Mulch, blanket,and seed 1 2,500.00 2,500.00 installation Native Grass Native Seed for Rain Gardens 1 1,500.00 1,500.00 Stewardship 07 0.00 0.00 Spot spraying 2nd year stewardship 1 1,500.00 1,500.00 Stewardship 08 0.00 0.00 Spot spraying 3rd year stewardship 1 500.00 500.00 Sales Tax 6.50% 0.00 Looking forward to working with you in the future!! Total $6,000.00 NAME lADDRESS ■■■W190 L ■L" • • • MENW11 Aldo May 24, 2006 City of Maplewood Department of Public Works ATTN: GINNY GAYNQR 1902 County Road B East Maplewood, MN 55109 APPLIED ECOLOGICAL SERVICES, INC. 21938 MUSHTOWN ROAD, PRIOR LAKE, MN 55372 PHONE. (952) 447 -1919 FAX: (952) 447 -1920 Email: info @appliedeco.com BRINGING THE SCIENCE OF ECOLOGY TO ALL LAND USE DECISIONS RE: Gladstone North Rain Garden Seeding Proposal (AES #06 -0523) Ms. Gaynor: Thank you for the opportunity to offer a proposal for this work. All tasks and associated prices given here are in accordance with the specifications included in your letter request for bids dated May 11, 2006 and are hereby incorporated i Item Qty Unit Unit Cost Total Cost INSTALLATION Site Preparation - Herbicide (1 application) - Curve St., Clarence St., Manton St. - Approx 72305 sq.ft. 1 lump sum $ 778.00 $ 778.00 Site Preparation - Rotovate 1 lump sum $ 1,214.00 $ 1,214.00 - Curve St., Clarence St., Manton St. - Approx 72305 sq.ft. Seeding - Sedge Meadow 1 lump sum $ 364.00 $ 364.00 - -- -Curve St. (2237 sq.ft.) - Wet Prairie Mix 1 lump sum $ 1,004.00 $ 1,004.00 - -- -Curve St., Clarence St., Manton St. (8522 sq.ft.) - Mesic Prairie Mix 1 lump sum $ 3,376.00 $ 3,376.00 - -- -Curve St., Clarence St., Manton St. (42883 sq.ft.) - Short Prairie Mix 1 lump sum $ 2,447.00 $ 2,447.00 - - -- Clarence St., Manton St. (18663 sq.ft.) Straw Mulch & Crimping 1 lump sum $ 1,189.00 $ 1,189.00 - Curve St., Clarence St., Manton St. - Approx 72305 sq.ft. Total for Installation $ 10,372.00 MAINTENANCE First Year Maintenance - 2006 - Mowing - Spot Spray Herbicide Application Total First Year Maintenance Second Year Maintenance - 2007 - Mowing - Spot Spray Herbicide Application Total Second Year Maintenance Third Year Maintenance - 2008 - Prescribed Burns - Spot Spray Herbicide Application Total First Third Maintenance 1 trip $ 381.00 $ 381.00 1 trip $ 587.00 $ 587.00 $ 968.00 1 trip $ 381.00 $ 381.00 2 trips $ 587.00 $ 1,174.00 $ 1,555.00 1 lump sum $ 771.00 $ 771.00 2 trips $ 587.00 $ 1,174.00 $ 1,945.00 1 of 2 Please note: • These prices are valid for 60 days from the date of this proposal. • Additional visits by an AES designer will be billed on a time and materials basis according to Attachment A. • AES is a non -union shop therefore prevailing wage rates have not been included in the above price. Fees: • Fees for all tasks and services are based on the hourly rates and reimbursements as set forth above. All rates are current for six months from the date of the signed agreement. • Fees are payable 30 days from the date of the invoice. A service charge of one and one -half percent (1 %%) of the invoice amount (18% annual rate) will be applied to late payments. • Neither the contractor nor his subcontractors or agents shall be jointly or individually liable to the client or owner in excess of the compensation to be paid pursuant to this agreement or $50,000, whichever is greater, by any act of omission, includin • Either party may terminate this agreement upon 30 days written notice by certified mail, return receipt requested, addressed to the other party. If this agreement is terminated by either party, the Client shall only be liable for payment of consulting *Because prescribed burning is a natural process subject to fuel loads, weather conditions, moisture, and winds, AES cannot guarantee any portion or parcel will bum completely or even partially. These same factors affect the length of time to conduc • The owner is required to pay for any permits that are required that are not included or listed as a line item in this contract. • Applied Ecological Services reserves the right to place a lien on the owners property if payment for work has not been received within 10 days of past due status. We look forward to working with you on this project and will be pleased to answer any questions you may have or clarify various points above. When this agreement meets with your approval, please provide your signature on both copies and return both t Sincerely, Louis Armstrong Project Manager APPLIED ECOLOGICAL SERVICES, INC. CLIENT APPROVAL DATE: Signature of Authorized Agent: Print Name of Authorized Agent Billing Address Phone Number APPLIED ECOLOGICAL SERVICES APPROVAL DATE: Signature of Authorized Agent: Print Name of Authorized Agent May 24, 2006 City of Maplewood Department of Public works ATTN: GINNY GAYNOR 1902 County Road B East Maplewood, MN 55109 RE: Gladstone North Rain Garden Seeding Proposal (AES #06 - 0523) Fax Number 2 of 2 I G II ERVAS AVE. L . . . . ..... ..... . ..... .... . ..... .... . . . . . ......... . .... ...... - . . . . ............... — ---------- I L ----- ----- ------ - — ------- GRAN DVIEWI[ AVE. ........... . ................. .. VIKING --- ------ ----------------- — --------------- - DR. Cn ........... ... ............... S ERREN AVE. 7K�uckle ' H \ 'ead Lake F-: - ----------- %// ,- U) Cn Cn COPE'J I --------- - - COPE AVE. - ---------- - - - - - - ------ ---- - --- ------ LARK LARK Lu- 1--: 11 AVE. -- - - - ------- . .. ... - ---- ------ . ..... - ------ . ..... 25 C) Co. RD. L/Au rr- 4, LAURIE < U) II LE i = . dZ - ------ Sherwoo ..... ..... . ............ R D ..................... SAND HURST ry Park 7 AVE. <: ........................... . ... .... - --- ---- . ... ... Z11 <1 AVE. JUNC, TION B CO Timber i-- n Pa BURKE AVE. BURKE PC BURKE A - - - ------ ------ . .... M V LN. CSR ELDRI IDLE AVE. John Gle 64 Cf) BELMONT LN. 0 - - - - - ------- CA TEWA y 0 SKILL /F, SKI LMAN d AVE E. HARRIS AVE. S --- ROSEWOOD H > �' D cn _ 1: i Lu Robinhood ROSEWOOD Park AN zf RY AV. AVE. S. Ld TR A I LS 0 R L 2: 0 L,J 0 v ii Flicek � V) Pork 11 < con t!) n Cf) FR ST AVE. F--: ry I - NTON AVE. < Ld -J A VE. U) Z Cf) Gloster Cr M ER AV! E. ---- - ----- - Park 0 ry /� < < ry FRISBIE AVE. 0 i C) 0 it LiJ ...... . ...... ...... RIP LEY A E. rK Z" Project location no scale Exhibit 1 Project Location Gladstone North Area Streets 04-15 Agenda Item 18 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Improvements (TH 61 to Southlawn) — City Project 02 -07 — Approve Dedication of Roadway Easements for County Road D Court at Hazelwood Street DATE: June 6, 2006 INTRODUCTION An easement is required to connect the future County Road D Court (the old County Road D alignment) to the new alignment of County Road D at Hazelwood Street. The easement is through the former BNSF right of way property. Authorization to file the easement is requested. Discussion In 2005, the City Council approved the abandonment and acquisition of the BNSF right of way that allowed for the construction of a newly aligned County Road D and extension of the Bruce Vento trail. Connection of the new alignment of County Road D to the old alignment will require an easement through the property that eventually is planned to be conveyed to the Ramsey County Regional Rail Authority. Since the City is the current owner of the property, the dedication of the easement is at no cost. The attached map shows the property easements. Approval of this easement is recommended. RECOMMENDATION It is recommended that council approve the dedication of an easement on the former BNSF right of way to provide for the future connection of County Road D Court to County Road D at the Hazelwood Street intersection. Attachment: 1. Map of Easement Area 2. Easement Document from City Attorney CO z CIS 'lie ------------- -- - -------------------- I F, \Qp x ddo N\ liv aj Oj lq-4A L -R! E £ q lL+t l E +7 < z z C L4 + -DZZ:g — 90OZ 'LZ ADH bmP*91HX3—MOZ i jo Aj[O \:S Agenda Item 18 r DECLARATION OF EASEMENT THIS DECLARATION was made in the County of Ramsey, State of Minnesota this day of , 2006 by the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as Declarant. WHEREAS, Declarant is the owner of the certain real property situated in the County of Ramsey, State of Minnesota, including property to which it hereby declares and reserves the following easements legally described as follows, to wit: A permanent easement for roadway, utility and drainage purposes over, under and across the former 150 foot wide former Burlington Northern and Santa Fe Railroad located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22, and the Southwest Quarter of the Southwest Quarter of Section 34, Township 30, Range 22, Ramsey County, Minnesota. Said permanent easement is a strip of land 80.00 feet wide, the centerline of which is described as commending at the northeast comer of said Northeast Quarter of the Northwest Quarter; thence westerly along the north line of said Northeast Quarter of the Northwest Quarter 500.00 feet to the point of beginning of the line to be described; thence returning easterly along said north line 138.00 feet; thence southeasterly 249.37 feet along a tangential curve, concave to the southwest having a radius of 300.00 feet and a central angle of 47 degrees 37 minutes 33 seconds; thence southeasterly, tangent to said curve 100.00 feet; said centerline there terminating. Approximate area of proposed permanent easement is 13, 355 Sq. Ft. ("Permanent Easement"). Agenda Item 18 r together with a temporary easement for road construction purposes over, under and across the former Burlington Northern and Santa Fe Railroad lying in the Northeast Quarter of the Northwest Quarter of said Section 3 and the Southeast Quarter of the Southwest Quarter of Section 34, Township 30, Range 22, being a 150 foot wide strip of land, the centerline of which is described as follows: Commencing at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence westerly along the north line of said Northeast Quarter of the Northwest Quarter 184.91 feet to the centerline of said former railroad; thence deflecting right 99 degrees 03 minutes 56 seconds 70.27 feet along said former railroad centerline to the point of beginning of said temporary easement centerline; thence returning along the last course in a southwesterly direction 235.00 feet; said line there terminating. Except that part thereof described above as permanent easement. Approximate area of proposed temporary easement is 21,490 Sq. Ft. ("Temporary Easement"). WHEREAS, the Declarant intends to preserve said roadway, utility and drainage easements for the future extension of old County Road D/County Road D Court, and provide for construction of the same; and WHEREAS, in order to provide for the free flow of vehicular traffic and utility and drainage infrastructure through said property, the Declarant desires to create easements and provide f or or ingress and egress of vehicular traffic and utility and drainage infrastructure; NOW, THEREFORE, the Declarant hereby declares and preserves the nonexclusive permanent easement for ingress and egress for both vehicular and pedestrian traffic over and across said property and legally described in Exhibit A and illustrated in Exhibit C, each attached hereto. Declarant further declares and preserves the nonexclusive temporary easement for construction purposes over and across said property and legally described in Exhibit B and illustrated in Exhibit C, each attached hereto. Said temporary construction easement shall expire on the day of I -. This Declaration has been entered into in the State of Minnesota and shall be governed by and construed under the laws of the State of Minnesota. 2 Agenda Item 18 r IN WITNESS WHEREOF, the undersigned has executed this Declaration on the day and year first written above. CITY OF MAPLEWOOD By: Its: STATE OF MINNESOTA) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2006 by the of the City of Maplewood, a municipal corporation and political subdivision of the State of Minnesota. Notary Public THIS INSTRUMENT DRAFTED BY: KELLY & FAWCETT, P.A. Attorneys at Law 2350 US Bancorp Piper Jaffray Plaza 444 Cedar Street St. Paul, MN 55 1 01 Agenda Item 18 r EXHIBIT A Permanent Easement A permanent easement for roadway, utility and drainage purposes over, under and across the former 150 foot wide former Burlington Northern and Santa Fe Railroad located in the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22, and the Southwest Quarter of the Southwest Quarter of Section 34, Township 30, Range 22, Ramsey County, Minnesota. Said permanent easement is a strip of land 80.00 feet wide, the centerline of which is described as commending at the northeast corner of said Northeast Quarter of the Northwest Quarter; thence westerly along the north line of said Northeast Quarter of the Northwest Quarter 500.00 feet to the point of beginning of the line to be described; thence returning easterly along said north line 138.00 feet; thence southeasterly 249.37 feet along a tangential curve, concave to the southwest having a radius of 300.00 feet and a central angle of 47 degrees 37 minutes 33 seconds; thence southeasterly, tangent to said curve 100.00 feet; said centerline there terminating. 4 Agenda Item 18 r EXHIBIT B Temporary Easement A temporary easement for road construction purposes over, under and across the former Burlington Northern and Santa Fe Railroad lying in the Northeast Quarter of the Northwest Quarter of said Section 3 and the Southeast Quarter of the Southwest Quarter of Section 34, Township 30, Range 22, being a 150 foot wide strip of land, the centerline of which is described as follows: Commencing at the northeast comer of said Northeast Quarter of the Northwest Quarter; thence westerly along the north line of said Northeast Quarter of the Northwest Quarter 184.91 feet to the centerline of said former railroad; thence deflecting right 99 degrees 03 minutes 56 seconds 70.27 feet along said former railroad centerline to the point of beginning of said temporary easement centerline; thence returning along the last course in a southwesterly direction 235.00 feet; said line there terminating. Except that part thereof described above as permanent easement. Agenda Item 18 r EXHIBIT C (Legal Description Pending) Agenda Item 19 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Improvements (TH 61 to Southlawn) — City Project 02 -07 — Revision to Easement Agreement with Xcel Energy DATE: June 6, 2006 INTRODUCTION An easement is required from Xcel Energy for the acquisition of a parcel for the construction of County Road D. Authorization to finalize the easement is requested. DISCUSSION In March 2006, the City Council approved an extension of a license agreement with Xcel Energy for the construction of a newly aligned County Road D. This agreement needs to be revised to finalize the acquisition. Final negotiations have arrived at an acquisition price of $292,500. The City's original offer was at $233,000, but was increased to $285,000 due to an agreement by Xcel Energy to pay project assessments. Xcel Energy was requesting in excess of $400,000 for the property. The appraisal from the City was conducted in 2004 at $233,000. Property values in the area have increased in excess of 25% in the past two years making our appraisal at the $292,500 value. Approval of this easement is recommended. This acquisition was included within the approved project budget on December 12, 2005. RECOMMENDATION It is recommended that council approve the attached acquisition agreement with Xcel Energy in the amount of $292,500 for County Road D Improvements, City Project 02 -07. Attachment: 1. Map of Easement Area 2. Easement Document from City Attorney P � ry 9• � ry a 'd� 3 A �n � m \ 4 3 \ r d �o ¢ 5 a9 / / / ° ZOAZO Am" TOP m W 0 z W (nW w F O_ ZL, =QC O 02 X U d F W _ N UO a O CL �m ow of d o � F �O w w q fi Agenda Item 19 r Igo", UMN li 01810 1 0401 This PURCHASE AGREEMENT ("Agreement") is made as of the _ day of 2006, by and between Northern States Power Company, a Minnesota corporation, d/b/a Xcel Energy with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ("Seller"), and the City of Maplewood, a political subdivision of the State of Minnesota, with an address of 1830 County Road B East, Maplewood, MN 55109 ("Purchaser"). Purchaser desires to purchase certain property owned by Seller, and Seller desires to sell such property to Purchaser pursuant to the terms and conditions set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Seller and Purchaser agree as follows: Article 1. Definitions, The following terms shall have the meanings set forth below: 1.1 Agreement. This Agreement, including the following exhibits attached hereto and hereby made a part hereof: Exhibit A Legal Description of Land and Reservation of Easement Exhibit B Permitted Exceptions 1.2 Closina. Concurrently, the transfer of title to the Property to Purchaser, the payment to Seller of the Purchase Price, and the performance by each party of the other obligations on its part then to be performed, all in accordance with the article entitled "Closing". 1.3 Closing Date. The Closing shall occur on or before 2006. The Closing shall be held at 10:00 a.m. on the Closing Date at the offices of Title Company or at such other place, date and time as Seller and Purchaser may agree. 1.4 Commitment. The title insurance commitment with respect to the Real Property described in Section entitled "Title Evidence". 1.5 Earnest Money. The earnest money deposit, together with any interest earned thereon, made by Purchaser and held by Title Company described in Section entitled "Purchase Price". 1.6 Intentionally Omitted. Agenda Item 19 r_%�J 1.7 Improvements. All buildings, structures, fixtures and improvements located on the Land, if any, excepting therefrom Seller's equipment, structures or fixtures used in Seller's normal course of business. 1.8 Land. The real property in the City of Maplewood, County of Ramsey, State of Minnesota, said real property being legally described on Exhibit A. 1.9 Property. The Real Property. 1.10 Purchase Price. The purchase price for the Property described in Article 3. 1.11 Real Property. The Land. 1. 12 Survey. The survey of the Real Property described in Section entitled "Title Evidence". 1.13 Title Compan Capital Title Corporation, 12 West County Road E, Arden Hills, Minnesota 55112 1. 14 Title Evidence. The title commitment and copies of exceptions with respect to the Property described in Section entitled "Title Evidence". 1. 15 Title Policy. The Owner's Policy of Title Insurance to be issued pursuant to the Title Commitment, obtained as part of the Title Evidence. Article 2. Purchase and Sale. Seller hereby agrees to sell, and Purchaser hereby agrees to purchase, upon and subject to the terms and conditions hereinafter set forth, the Property. Article 3. Purchase Price. 3.1 Amount. Purchaser shall pay to Seller as and for the Purchase Price for the Property the sum of Two Hundred Eight Five Thousand Dollars ($285,000.00). 3.2 Manner of Payme The Purchase Price shall be payable as follows: 3.2.1 Twenty-Five Thousand Dollars ($25,000) as Earnest Money, to be deposited by Purchaser in escrow with Title Company contemporaneously with the mutual execution and delivery of this Agreement and held and disbursed pursuant to the terms of this Agreement. The Earnest Money shall be non-refundable to Purchaser except as provided in Sections entitled "Correction of Title", "Condemnation", and "Default". The Earnest Money shall be paid by the Title Company to Seller at Closing, or upon any termination of this Agreement except as provided in this Section. The Earnest Money will be credited against the Purchase Price at Closing. Purchaser acknowledges that the non-refundable character of 2 Agenda Item 19 r_%�J the Earnest Money is to compensate Seller for its costs incurred in connection with this Agreement and its lost opportunity costs in taking the Property off the market. 3.2.2 The balance of the Purchase Price in cash or by certified or cashier's check or wire transfer or City check of immediately available funds on the Closing Date. Article 4. Closing. 4.1 Seller's Closing Documents. At Closing, subject to delivery by Purchaser of the Purchase Price and performance of its other obligations under this Agreement, Seller shall execute, acknowledge (where appropriate), and deliver to Purchaser the following, each dated as of the Closing Date: 4. 1.1 A well disclosure statement and limited warranty deed conveying to Purchaser the Real Property, subject only to the Permitted Exceptions and the reservation of easement as described in Article 10 hereof (the "Deed"); 4.1.2 An affidavit of Seller regarding liens, judgments, tax liens, bankruptcies, parties in possession, mechanics' or materialmens' liens and other matters affecting title to the Real Property in customary form as may be reasonably required by Title Company to delete the so-called "standard exceptions" from the Title Policy; 4.1.3 All reasonable and customary documents and instruments which (a) Purchaser or Title Company may reasonably determine are necessary to transfer the Property to Purchaser subject only to the Permitted Exceptions, (b) Purchaser or Title Company may reasonably determine are necessary to evidence the authority of Seller to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant to this Agreement, (c) Title Company may require as a condition to issuing the Title Policy or (d) may be required of Seller under applicable law; and 4.1.4 A settlement statement consistent with this Agreement. 4.2 Purchaser's Closing Deliveries. At Closing, Purchaser shall cause the following to be delivered to Seller: 4.2.1 The Purchase Price less the Earnest Money, as adjusted pursuant to Section entitled "Closing Adjustments", by cashier's check, City check or by federal wire transfer of immediately available funds. The Earnest Money shall be applied to and credited against the Purchase Price and shall be disbursed to Seller by Title Company at Closing; 4.2.2 All normal and customary documents and instruments, each executed and acknowledged (where appropriate) by Purchaser, which (a) Seller or Title Company may reasonably determine are necessary to evidence the authority of Purchaser to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant to this Agreement, or (b) may be required of Purchaser under applicable law; and Agenda Item 19 r 4.2.3 A settlement statement consistent with this Agreement executed by Purchaser. 4.3 ' Closing Escrow. Purchaser and/or Seller at their option may deposit the respective Closing deliveries described in the Sections entitled "Seller's Closing Deliveries" and "Purchaser's Closing Deliveries" with Title Company with appropriate instructions for recording and disbursement consistent with this Agreement. 4.4 Closing Adjustments. The following adjustments shall be made at Closing: 4.4.1 Seller shall pay when due all real property taxes for the Property imposed for the period up to and including the date of Closing, and Purchaser shall be responsible for any real property taxes for the Property imposed after Closing. In the event Purchaser receives a tax bill for the Property for some or all taxes due from Seller pursuant to this Agreement, Seller shall remit the full amount of taxes due to Purchaser within twenty (20) days following its receipt of the tax bill. In the event Seller receives a tax bill for the Property for some or all taxes due from Purchaser pursuant to this Agreement, Purchaser shall remit the full amount of taxes due to Seller within twenty (20) days following its receipt of the tax bill; 4.4.2 Seller shall pay the State Deed Tax; 4.4.2 Seller shall pay in fall all special assessments for the Property levied or due at the time this Agreement is executed. Any subsequent special assessments (and charges in the nature of or in lieu of such assessments) levied, pending or constituting a lien with respect to any of the Real Property shall be prorated as of the Closing Date, with Seller paying those allocable to the period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto. However, Seller shall pay $7,500.00 to Seller within one year of closing; 4.4.4 Purchaser shall pay the documentary fee required in connection with the recording of the Deed; 4.4.5 Seller shall pay the cost of recording any documents necessary to place record title to the Property in Seller in the condition required pursuant to the Section entitled "Correction of Title". Purchaser will pay the cost of recording all other documents, including the Deed; 4.4.6 Purchaser will pay the premium for the Title Policy and the cost of any lender's title insurance, and any endorsements desired by Purchaser or required by its lender; 4.4.7 Purchaser shall pay any escrow fee and/or Closing fee payable to Title Company with respect to the transaction contemplated by this Agreement; 0 Agenda Item 19 4.4.8 The charges for any utility expenses, including water, fuel, gas, electricity, telephone, sewer, trash removal, heat and other services furnished to or provided for the Property shall be prorated between Seller and Purchaser on a daily basis as of the Closing Date, with Seller paying those allocable to the period prior to the Closing Date and Purchaser being responsible for those allocable subsequent thereto. Seller agrees to have all meters with respect to any such utilities read as of the Closing Date and Purchaser agrees to transfer any meters located on the Property to Purchaser effective as of the Closing Date; 4.4.9 Except as provided in the Article entitled "Default ", Seller and Purchaser shall each pay its own attorneys' fees incurred in connection with this transaction; and If any of the amounts allocated under this Section cannot be calculated with complete precision at Closing because the amount or amounts of one or more items included in such calculation are not then known, then such calculation shall be made on the basis of the reasonable estimates of Seller and Purchaser, subject to prompt adjustment (by additional payment or refund, as necessary) when the amount of any such item or items become known. 4.5 Possession Seller shall deliver possession of the Property to Purchaser on the Closing Date, subject to the Permitted Exceptions. Notwithstanding any provision hereof to the contrary, Seller and Purchaser hereby acknowledge that they have entered into that certain Temporary License Agreement dated August 9, 2005 (the "Temporary License Agreement'), the term of which was thereafter extended and shall continue until closing or August 31, 2006, whichever occurs first. Article 5. Title Examination. 5.1 Title Evidence Purchaser, at its sole cost and expense, shall have the option to obtain the following: 5. 1.1 a commitment to insure title to the Real Property issued by Title Company in an amount equal to the Purchase Price and copies of all documents, instruments and matters shown as exceptions which are recorded in the office of the clerk and recorder of the county in which the Real Property is located. 5. 1.1 A current survey of the Real Property prepared and certified by a land surveyor licensed in Minnesota. The survey shall (a) conform to the "Minimum Standard Detail Requirements for Land Title Surveys" as adopted in 1992 by the American Land Title Association and the American Congress on Surveying & Mapping, and (b) contain a certification to Purchaser, Title Company and/or lender designated by Purchaser, if any. 5.2 Purchaser's Objections and Requirements Purchaser shall be allowed twenty (20) days after delivery of the last of the Title Evidence for examination thereof and making any objections to the form and /or content of the same. Any objections not made within said twenty (20) day period shall be deemed to be waived by Purchaser and shall be Permitted Exceptions, along with the items set forth on Exhibit B attached hereto. Purchaser 5 Agenda Item 19 r_%�J shall have an additional five (5) day period in which to object to any revisions or endorsements to the Title Evidence as may be issued from time to time. Notwithstanding any provision hereof to the contrary, Purchaser hereby acknowledges that it has no objections to the form or content of the Title Evidence that Purchaser has already received as of the date hereof. 5.3 Correction of Title. Seller shall be allowed until Closing to cure Purchaser's title objections but will be under no obligation to do so. If such cure is not completed prior to the Closing Date, Purchaser shall have the option to do any of the following: 5.3.1 Terminate this Agreement; or 5.3.2 Waive its objection(s) and proceed to Closing. Article 6. Representations and Warranties. 6.1 ' Seller's Representations and Warranties. Seller represents and warrants to Purchaser as of the date of this Agreement as follows: 6. 1.1 Seller has not entered into any contracts for the sale of any of the Property other than this Agreement. Seller has received no notice of and has no knowledge of any rights of first refusal or first offer, options to purchase any of the Property or any other rights or agreements, which may delay or prevent this transaction; 6.1.2 Seller has received no notice of and has no knowledge of any pending or proposed special assessments affecting the Property or any proposed or pending public improvements which may give rise to any special assessments affecting the Property; 6.1.3 Seller has received no notice of and has no knowledge of any pending or threatened condemnation or transfer in lieu thereof affecting any of the Property, nor has Seller agreed or committed to dedicate any of the Property; 6.1.4 There is no pending, or to the best of Seller's knowledge, threatened or contemplated, litigation, investigation, arbitration, condemnation or other proceedings of any kind affecting the Seller or any of the Property; 6.1.5 To Seller's knowledge, without investigation, there is no condition existing with respect to the Property or the operation thereof by Seller, or any part thereof, which violates any law, rule, regulation, ordinance, code, other, decree or ruling of any city, county, state or federal government, agency or court. Seller has not received notice from any governmental or quasi-governmental agency requiring the correction of any condition with respect to the Property, or any part thereof. Seller has not received notice of, and has no other knowledge or information of, any pending or contemplated litigation or condemnation action with respect to the Property, or any part thereof, I Agenda Item 19 r_%�J 6.1.6 Seller has been incorporated under, and is in good standing under, the laws of the State of Minnesota, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant hereto. Execution, delivery and performance of this Agreement and the documents and instruments required to be executed and delivered by Seller pursuant hereto does and will not conflict with or result in a violation of Seller's articles of incorporation or by-laws or any judgment, order or decree of any court or arbiter to which Seller is a party, or any agreement to which Seller and/or any of the Property is bound or subject; and 6.1.7 Seller has not (i) made a general assignment for the benefit of creditors, (ii) filed any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Seller's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of Seller's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Seller's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. Notwithstanding the foregoing provisions of this Section entitled "Seller's Representations and Warranties", Seller will not be deemed to be in breach of this Agreement with respect to facts or conditions, which are the subject of the foregoing representations, which are disclosed to, or discovered by, Purchaser prior to Closing. Further, notwithstanding anything to the contrary herein, the liability of Seller hereunder, if any, shall be limited to the Purchase Price of the Property. Subject to the foregoing, Seller's representations and warranties shall survive Closing, provided Seller shall have no liability with respect to any breach of a particular representation and warranty if Purchaser shall fail to (a) notify Seller thereof within a reasonable time after discovery thereof, or (b) commence an action against Seller with respect to the breach in question within six (6) months after Closing. Wherever herein a representation is made based upon the knowledge of, or notice to, Seller, such knowledge or notice, is limited to the actual knowledge of, or notice received by Gina L. Bulloch, Director Corporate Real Estate, Xcel Energy Services, Inc. 6.2 Purchaser's Representations and Warranties. Purchaser represents and warrants to Seller as of the date of this Agreement as follows: 6.2.1 Purchaser has been duly incorporated under the laws of the State of Minnesota and is in good standing under the laws of the jurisdiction in which the Property is located, is duly qualified to transact business in the jurisdiction in which the Property is located, and has the requisite power and authority to enter into and perform this Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant hereto. This Agreement has been duly executed and delivered by Purchaser and is a valid and binding obligation of Purchaser enforceable in accordance with its terms. This Agreement and the documents and instruments required to be executed and delivered by Purchaser pursuant hereto have each been duly authorized by all necessary corporate action on the part of Purchaser and that such execution, delivery and performance does and will not 7 Agenda Item 19 r_%�J conflict with or result in a violation of Purchaser's articles of incorporation or by-laws or any judgment, order or decree of any court or arbiter to which Purchaser is a party, or any agreement to which Purchaser and/or any of the Property is bound or subject; and 6.2.2 Purchaser has not (i) made a general assignment for the benefit of creditors, (ii) filed any involuntary petition in bankruptcy or suffered the filing of any involuntary petition by Purchaser's creditors, (iii) suffered the appointment of a receiver to take possession of all or substantially all of Purchaser's assets, (iv) suffered the attachment or other judicial seizure of all, or substantially all, of Purchaser's assets, (v) admitted in writing its inability to pay its debts as they come due, or (vi) made an offer of settlement, extension or composition to its creditors generally. The foregoing representations and warranties are express representations and warranties, which Seller shall be entitled to rely on regardless of any investigation or inquiry made by, or any knowledge of, Seller. Consummation of this Agreement by Seller with knowledge of any such breach shall not constitute a waiver or release by Purchaser of any claims arising out of or in connection with such breach. The foregoing representations and warranties shall survive Closing or termination of this Agreement. Article 7. Inspection of Property. (a) Prior to the Closing, Purchaser may investigate the Property and all matters relevant to its acquisition, development, usage, operation and marketability, and any and all permits and approvals necessary for Purchaser's usage. Such investigations shall be conducted at Purchaser's sole expense and may include, without limitation, studies or inspections (including environmental inspections) of the Property. Seller shall reasonably cooperate with Purchaser's inspections. Purchaser shall deliver to Seller copies of any reports or results of any tests regarding the Property within five (5) days of receipt by Purchaser. (b) Intentionally omitted. (c) Seller does not warrant the accuracy of any record, document or information, if any, made available by Seller to Purchaser. Statements of fact or opinion contained in any record, documents or information made available to Purchaser shall not be deemed to be a representation or warranty hereunder. The records, documents or information made available to Purchaser are being provided to Purchaser for informational purposes only and shall be read in the context that they were prepared by Seller or Seller's consultants for intercompany use without expectation that such documents would be disseminated to third parties in connection with this transaction. Further, it is agreed that Purchaser is responsible for its own due diligence despite receiving information and documentation relating to the Property from Seller. Purchaser agrees that Purchaser shall independently verify such information provided by Seller and Purchaser releases Seller from any and all liability, damages and claims associated with Purchaser's reliance thereon. M Agenda Item 19 (d) If Purchaser, in its sole discretion, is not satisfied with the results of said inspection, Purchaser shall deliver written notice thereof to Seller on or before the Closing Date. If such notice is received by Seller, as set forth above, and if Purchaser and Seller have not agreed, in writing, to a settlement thereof on or before the Closing Date, this Agreement shall terminate on the Closing Date; unless Seller receives written notice from Purchaser waiving its objection to any unsatisfactory condition prior to the Closing Date. If said written notice of such unsatisfactory condition(s) is not received on or before the date specified above, then this Agreement shall remain in full force and effect and the contingency as set forth in this paragraph shall be deemed to be waived. (e) Purchaser shall indemnify, hold harmless, and defend Seller from any claim, liability, or cost, including attorney fees, which Seller may incur or which may be asserted against Seller or the Property by reason of Purchaser's inspections, tests, and investigations of the Property, or as a result of Purchaser's entrance onto the Property, including without limitation injury to persons or property and the assertion of any mechanic's liens or claims for payment; provided, however, that Purchaser shall have no liability relating to the mere discovery of adverse conditions on the Property not created by Purchaser. The provisions of this Section shall not be construed to merge with the passage of title to the Property and shall survive Closing or other termination of this Agreement. (f) The Property is sold by Seller and acquired by Purchaser "As -Is, Where -Is, With All Faults" with no right of set -off or reduction in the Purchase Price, and that except as explicitly set forth in this Agreement or in the Deed (with respect to warranties of title) such sale shall be without representation of warranties, express or implied, either oral or written, made by Seller or any agent or representative of Seller with respect to the physical or structural condition of the Property, or with respect to the existence or absence of petroleum, hazardous substances, pollutants or contaminants in, on, under, or affecting the Property or with respect to the compliance of the Property or its operation with any laws, ordinances or regulations of any government or other body. Purchaser acknowledges and agrees that Seller has not made and does not make any representations, warranties or covenants of any kited or character whatsoever, whether express or implied, with respect to warranty of income potential, operating expenses, uses, habitability, tenant ability, or suitability for any purpose, merchantability, or fitness of the Property for a particular purpose, all of which warranties Seller hereby expressly disclaims. Purchaser is relying entirely upon information and knowledge obtained from its own investigation, experience, or personal inspection of the Property. Purchaser expressly assumes, at closing, all environmental and other liabilities with respect to the Property and releases and indemnifies Seller from same, whether such liability is imposed by statute or derived from common law including, but not limited to, liabilities arising under the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), the Hazardous and Solid Waste Amendments Act, the Resource Conservation and Recovery Act ( "RCRA "), the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Toxic Substances Control Act, the Superfund Amendments and Reauthorization Act and the Hazardous Materials Transportation Act, all as amended, and all other comparable federal, state or local M Agenda Item 19 r environmental, conservation or protection laws, rules or regulations. The foregoing assumption and release shall survive closing. All statements of fact or disclosures, if any, made in this Agreement or in connection with this Agreement, do not constitute warranties or representations of any nature. The foregoing provision shall survive Closing and shall not be deemed merged into any instrument of conveyance delivered at Closing. Article 8. Indenture Release. Seller shall apply for and obtain a release of the Property from Seller's Corporate Indenture ("Indenture Release") within ninety (90) days after Closing. Article 9. Lot Split. In the event that the sale and purchase of the Property requires a lot split, Purchaser shall obtain the approval of the required governmental agencies for said lot split prior to the Closing, and shall complete the lot split, including subsequently obtaining certificates of title for the split parcels from the Examiner of Titles, all at Purchaser's sole cost and expense. Article 10. Reservation or Dedication of Easements. Seller shall reserve in the Deed any utility easements it requires for the present operation of its facilities over, under and across the Property, which reservation shall be in the form as set forth in the last paragraph of the attached Exhibit A. Article 11. Condemnation. If prior to Closing eminent domain proceedings are commenced against any material portion of the Property, Seller shall immediately give notice thereof to Purchaser, and Purchaser at its option (to be exercised within fifteen (15) days after Seller's notice) may either (a) terminate this Agreement, or (b) proceed to Closing and receive at Closing either a credit against the Purchase Price in the amount of the award, in the case of a completed eminent domain proceeding, or an assignment of all rights in eminent domain, in the case of a pending eminent domain proceeding. Prior to Closing, Seller shall not designate counsel, appear in, or otherwise act with respect to any eminent domain proceedings, or commence any repair or restoration resulting therefrom, without the consent of Purchaser. Article 12. Brokers. Each of the parties represents to the other that such party has not incurred any brokerage commission or finder's fee as a result of this transactions and each party agrees to hold the other harmless from all liabilities incurred by the other relating to such brokerage commission or finder's fee incurred as a result of the actions of such party. The provisions of this Article shall survive Closing or termination of this Agreement. Article 13. Default. In the case of any default by Purchaser, Seller's sole and exclusive remedy shall be termination of this Agreement and, upon any such termination, the Earnest Money shall be forfeited to Seller as liquidated damages. In the case of any default by Seller, upon 10 Agenda Item 19 r Purchaser's option, Purchaser may terminate this Agreement whereupon the Earnest Money shall be returned to Purchaser. Purchaser also shall have the right to specifically enforce this Agreement, provided that any action therefore is commenced within six (6) months after such right arises. Purchaser waives any right it may have to recover damages from Seller in any action or proceeding to enforce this Agreement or any term hereof, the prevailing party shall be entitled to recover its reasonable costs and attorneys' fees. Article 14. Assignability. Purchaser may not assign its rights under this Agreement without the consent of Seller, provided, however that, one time only, without Seller's consent, but upon notice to Seller, Purchaser may assign its rights under this Agreement to an entity owned and controlled by Purchaser which agrees to assume all of Purchaser's duties and obligations under this Agreement. Article 15. Confidentiality. Seller and Purchaser agree to retain the confidentiality of the identity of the other and of the terms of this Agreement, and not to disclose the same to any third party other than to the extent required by applicable law. Article 16. Notices. Any notice, consent, waiver, request or other communication required or provided to be given under this Agreement shall be in writing and shall be sufficiently given and shall be deemed given when delivered personally or when mailed by certified or registered mail, return receipt requested, postage prepaid, or when dispatched by nationally recognized overnight delivery service, in any event, addressed to the party's address as follows: If to Seller: Gina L. Bulloch Director, Corporate Real Estate Corporate Real Estate Department Xcel Energy Services, Inc. 550 15 th Street, Suite 1000 Denver, Colorado 80202 With copy to: Jennifer Thulien Smith, Esq. Law Department Xcel Energy Services, Inc. 800 Nicollet Mall, Suite 2900 Minneapolis, MN 55402 11 Agenda Item 19 r If to Purchaser: City of Maplewood 1830 East County Road B Maplewood, MN 55109 With copy to: Patrick J. Kelly, Esq. Kelly & Fawcett, P.A. 2350 U.S. Bancorp Piper Jaffrey Plaza 444 Cedar Street St. Paul, MN 55 1 01 or to such party at such other address as such party, by ten (10) days prior written notice given as herein provided, shall designate, provided that no party may require notice to be sent to more than two (2) addresses. Any notice given in any other manner shall be effective only upon receipt by the addressee. Article 17. Miscellaneous. 17.1 Entire Agreement Modification. This Agreement embodies the entire agreement and understanding between Seller and Purchaser, and supersedes any prior oral or written agreements, relating to this transaction, except for the Temporary License Agreement This Agreement may not be amended, modified or supplemented except in a writing executed by both Seller and Purchaser. No term of this Agreement shall be waived unless done so in writing by the party benefited by such term. 17.2 Survival; No Merge The terms of this Agreement shall survive and be enforceable after the Closing and shall not be merged therein. 17.3 Governing Law. This Agreement shall be construed under and governed by the laws of the State of Minnesota. 17.4 Severability. If any term of this Agreement or any application thereof shall be invalid or unenforceable, the remainder of this Agreement and any other application of such term shall not be affected thereby. 17.5 Time of the Essence. Time is of the essence under this Agreement. 17.6 Construction. The rule of strict construction shall not apply to this Agreement. This Agreement shall not be interpreted in favor of or against either Seller or Purchaser merely because of their respective efforts in preparing it. 12 Agenda Item 19 17.7 Captions, Gender, Number and Language of Inclusion The article and section headings in this Agreement are for convenience of reference only and shall not define, limit or prescribe the scope or intent of any term of this Agreement. As used in this Agreement, the singular shall include the plural and vice versa, the masculine, feminine and neuter adjectives shall include one another, and the following words and phrases shall have the following meanings: (i) "including" shall mean "including but not limited to ", (ii) "terms" shall mean "terms, provisions, duties, covenants, conditions, representations, warranties and indemnities ", (iii) "any of the Property" or "any of the Real Property" shall mean "the Property or any part thereof or interest therein" or "the Real Property or any part thereof or interest therein ", as the case may be, (iv) "rights" shall mean "rights, duties and obligations ", (v) "liabilities" shall mean "liabilities, obligations, damages, fines, penalties, claims, demands, costs, charges, judgments and expenses, including reasonable attorneys' fees ", (vi) "incurred by" shall mean "imposed upon or suffered or incurred or paid by or asserted against ", (vii) "applicable law" shall mean "all applicable Federal, state, county, municipal, local or other laws, statutes, codes, ordinances, rules and regulations ", (viii) "about the Property" or "about the Real Property" shall mean "in , on, under or about the Property" or "in, on under or about the Real Property ", as the case may be, (lx) "operation" shall mean "use, non -use, possession, occupancy, condition, operation, maintenance or management ", and (x) "this transaction" shall mean "the purchase, sale and related transactions contemplated by this Agreement ". 17.8 Binding Effect This Agreement shall inure to the benefit of and shall bind the respective heirs, executors, administrators, successors and assigns of Seller and Purchaser. 17.9 Counterparts This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument. Article 18. Recording Neither party shall record this Agreement. In the event Purchaser records this Agreement, this Agreement shall automatically terminate and Seller shall have the remedies set forth in the Section entitled "Default ". 13 Agenda Item 19 r 11TW" PURCHASE AGREEMENT BETWEEN 1 01 NI 1 1 m I a 1 Vj 1111, 1 91 . FKGI kyj ► I V0 0 1 1 19 1 Seller and Purchaser have caused this Agreement to be executed and delivered as of the date first above written. By: Gina L. Bulloch Its: Director, Corporate Real Estate PURCHASER: [a I a we] 0 ► 0 1 F." 19 9 1 Ll V0113 AN By: Its: And By: Its: JOINDER BY TITLE COMPANY Title Company has executed this Agreement in order to confirm that Title Company has received and shall hold the Earnest Money required to be deposited under this Agreement and the interest 14 Agenda Item 19 r earned thereon, in escrow, and shall disburse the Earnest Money, and the interest earned thereon, pursuant to the provisions of this Agreement. CAPITAL TITLE CORPORATION Date executed by Title Company: By: Name: Title: 15 Agenda Item 19 EXHIBIT A (Legal Description to be Provided) 16 Agenda Item 19 r PERMITTED EXCEPTIONS: The lien for real property taxes not yet due and payable. Utility and drainage easements. Building and zoning laws, ordinances, and state and federal regulations. Restrictions relating to use or improvement of the Property. Reservation of any mineral rights to the State of Minnesota. Right of Way Conveyance granted to Standard Oil Company to lay, maintain, inspect, operate, replace, change or remove a pipeline for the transmission of oil, gas, or the products thereof, filed for record as Doc. No. 243980, Said Right of Way Conveyance having been assigned to the American Oil Company, a Maryland corporation, by Doc. No. 426627, which Right of Way Conveyance has been confined to a Strip 50 feet in width, by Doc. No. 591006, the location of said strip being as described in said partial release. 17 1 •- •. i AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Improvements (TH 61 to Southlawn) — City Project 02 -07 — Approve Revision to Option Agreement with Countryview Golf for Xcel Energy Parcel DATE: June 6, 2006 INTRODUCTION In 2004, the City entered into an agreement with the Mogren family for the acquisition of property for the County Road D improvements. Part of that agreement included options provided to the Mogren family, owners of Countryview Golf Course, to acquire the City acquired Venburg Tire and Xcel Energy parcel remainders. Revision to the option is required to extend the dates due to delays in the acquisition of the parcels by the City. Authorization to revise the agreement is requested. DISCUSSION On July 1, 2004, the City executed an agreement with Countryview Golf for the acquisition of the right of way, easements and assessment amounts for the County Road D improvements. Countryview executed the option for the Venburg parcel in June 2005. The Xcel parcel remains open as the City has had difficulty in obtaining final title to that parcel. The attached agreement extends the option until June 2007 to allow all title work and coordination to be completed. Terms remain consistent with the original option and purchase contract. Approval is recommended. RECOMMENDATION It is recommended that council approve the extension to the option agreement with Countryview Golf for the Xcel Energy parcel for County Road D Improvements, City Project 02 -07. Attachment: 1. Map of Easement Area 2. Easement Document from City Attorney ry A l Y4, d 0 1-- 1� >- I >- — ZOAZO Am" TO 0 z 0 W U5 Z O_LLI I-- 0 1 M UJ CY L , < 02 x O 02 (3 F V) 00 a. 0 Q� CL ow I fi 1•- •. AMENDMENT TO SETTLEMENT AGREEMENT & OPTION THIS AMENDMENT TO SETTLEMENT AGREEMENT and OPTION ("Amendment") is made effective this day of , 2006, by and between COUNTRY VIEW GOLF CENTER, INC., a Minnesota corporation ("Country View"), and the CITY OF MAPLEWOOD, Minnesota, a Minnesota municipal corporation (the "City"). RECITALS: A. Country View and the City entered into a Settlement Agreement and Option dated July 1, 2004 ("Settlement Agreement") in lieu of a condemnation proceeding relating land legally described as Tract 1, Registered Land Survey No. 210 and Tract B, Registered Land Survey No. 466, Ramsey County, Minnesota (collectively, the "Property"). B. As part of the consideration granted in the Settlement Agreement, the City granted to Country View an option to purchase that parcel identified as the Venburg Tire parcel consisting of 38,486 square feet set forth and identified Exhibit G attached to the Settlement Agreement ("Venburg Parcel") at a rate of $8.00 per square foot ($307,888.00), and the City granted to Country View an option to purchase the parcel identified as the Xcel Energy excess land parcel consisting of 60,580 square feet as set forth and identified on Exhibit H to the Settlement Agreement ("Xcel Parcel") at a rate of $4.00 per square foot ($242,320.00) (the Venburg Parcel and Xcel Parcel are collectively referred to hereinafter as the "Option Parcels" or individually as an "Option Parcel"). C. Country View exercised its Option for the Venburg Parcel on June 6, 2005. D. Since the signing of the Settlement Agreement the Venburg Parcel has been replatted; and the City and Country View have agreed to a revised description of the Xcel Parcel. E. The City and Country View desire to amend the Settlement Agreement to reflect further agreements between the parties with respect to (i) the term of the Option and timing of conveyance of the Option Parcels; and (ii) the legal description of the Option Parcels to be conveyed. The foregoing Recitals are incorporated into this Amendment and made a part of this Agreement. In exchange for the consideration as set forth in this Amendment, the receipt and sufficiency of which are hereby acknowledged, the City and Country View, on behalf of themselves and their successors and assigns, hereby agree as follows: - I - 1•- •. AGREEMENT 1. Amendment to Article 5, Section 5.1(b). Article 5, Section 5.1(b) of the Settlement Agreement is hereby amended by deleting said Section 5.1 (b) in its entirety and replacing it as follows: "(b) Option to Purchase. The City has granted Country View an option to purchase that parcel identified as the Venburg Tire parcel presently consisting of 38,486 square feet set forth and identified on the attached Exhibit G and made a part hereof ("Venburg Parcel") at a rate of $8.00 per square foot ($307,888.00), which County View excised on June 6, 2005; and the City grants to Country View an option to purchase the parcel identified as the Xcel Energy excess land parcel presently consisting of 104,190 square feet as set forth and identified on the attached Exhibit H, and subject to permanent and temporary easements described therein and made a part hereof ("Xcel Parcel") at a rate of $4.00 per square foot ($416,760.00). In the event of a descrepency between the square footage of the Xcel Parcel, and the legal description set forth in Exhibit H, the legal description shall prevail, and the purchase price of $416,760.00 shall remain. (The Venburg Parcel and Xcel Parcel are collectively referred to hereinafter as the "Option Parcels" or individually as an "Option Parcel"). Country View acknowledges that with respect to the Venburg Parcel, it agrees that it shall pay and shall not object to the $40,617.50 in special assessments to be levied by the City for the construction of County Road D, which Special Assessment shall be paid as set forth in the Statement of Assessment or in a lump sum, at Country View's option. There shall be no assessments levied by the City with respect to the Xcel Parcel. The City agrees that with respect to the Venburg Parcel, the City shall convey the Venburg Parcel to Country View or its permitted assigns on or before June 11, 2007, as directed by County View, using the newly platted legal description for the Venburg Parcel as set forth on Exhibit G attached to this Amendment and made a part hereof, which Exhibit G replaces in its entirety the Exhibit G attached to the Settlement Agreement. The Option period for the Xcel Parcel, as legally described and set forth on Exhibit H to this Amendment and made a part hereof, which Exhibit H replaces in its entirety the Exhibit H attached to the Settlement Agreement, shall commence from the date of execution of this Amendment and expire on June 11, 2007. In the event that Country View shall sell its Property at any time before the Option Parcels have been conveyed from the City to Country View or a Third Party Purchaser then this Option may be assigned by Country View and this Option shall run with the Property and shall burden the Option Parcels. This right shall continue to run with the Property and shall be binding on and to the benefit of all successors and assigns of the Property and shall survive the Term of this Agreement. The Option Parcels shall be sold to Country View "as is" post construction. "Post Construction" meaning that all structures will be demolished and removed, all wells will be capped and any environmental contamination shall be remediated by the City. Country View or its developer shall be responsible for -2- 1•- •. any soil corrections that may be necessary for the developer to build on the Venburg Parcel. The City shall record a Memorandum of Option of record signed by the City and Country View for each Option Parcel for the benefit of Country View after an Option Parcel has been acquired by the City, reflecting the terms of the Option granted to Country View in this Agreement. A copy of the recorded Memorandum of Option shall be provided to Country View." 2. Amendment to Article 8, Section 8.2 Payment of Compensation. Article 8, Section 8.2 is amended by deleting said Section 8.2 in its entirety and replacing it as follows: "Under the terms of the Settlement Agreement, the total compensation amount to be paid to Country View by the City is $1,820,974.00, plus the additional non-monetary compensation as set forth in the Settlement Agreement. The City has paid a portion of the compensation amount of $1,266,735.00 to Country View. The remaining sum of $554,239.00 ("Escrowed Option Funds"), consisting of the aggregate purchase price originally established for the Option Parcels that Country View has the right to purchase during the Option Period, shall continue to be held by the City and released to Country View at earlier of. (1) the expiration of the Option Period of June 11, 2007; or (2) if Country View chooses to exercise one or both of the Options, the Escrowed Option Funds shall be released in an amount that is equal to the price established in this Settlement Agreement for the Option Parcel purchased; or (3) if Country View notifies the City in writing prior to the expiration of the Option Period that it is relinquishing its rights to exercise its Option as to the Xcel Parcel, then the City shall release the remaining Escrowed Option Fund(s) being held within ten (10) business days after it receives written notice. Country View acknowledges that the currently Escrowed Option Funds are not in a sufficient amount to purchase both Option Parcels since the Xcel Parcel purchase price has increased based on this Amendment. Accordingly, if Country View exercises its Option for the Xcel Parcel then it will be required to pay the additional sum of $170,409 to the City at the closing of the purchase of the Xcel Parcel. 3. Ratification, Counterparts. All terms, covenants, and conditions of the Settlement Agreement not modified by this Amendment are hereby affirmed and ratified by the parties. In the event of any inconsistency between the terms of the Settlement Agreement and the terms of this Amendment, the terms of this Amendment shall control. This Amendment may be executed in two or more counterparts, all of which taken together shall constitute a single instrument. -3- 1•- •. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written: THE CITY OF MAPLEWOOD STATE OF MINNESOTA ss COUNTY OF RAMSEY By: Its: Mayor By: Its: City Manager COUNTRY VIEW GOLF CENTER, INC. ME Its: The foregoing instrument was acknowledged before me this _ day of 1 2006, by Diana Longrie, the Mayor of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. STATE OF MINNESOTA ss COUNTY OF RAMSEY Notary Public The foregoing instrument was acknowledged before me this day of , 2006, by Greg Copeland, the acting City Manager of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public -4- 1 •- •. i STATE OF MINNESOTA ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by , the of COUNTRY VIEW GOLF CENTER, INC., a Minnesota corporation on behalf of the corporation. Notary Public -5- EXHIBIT VENBURG PARCEL (Legal 1•- •. EXHIBIT H XCEL PARCEL Fee title acquisition of the following described property: TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota. Said fee title acquisition is all that part of said TRACT A which lies southeasterly and southerly of LINE A described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 52 minutes 24 seconds West along the north line of said Northwest Quarter of Section 3, for 264.99 feet to an intersection with the northerly extension of the easterly line of said TRACT A; thence South 09 degrees 27 minutes 48 seconds West along said northerly extension of the easterly line of TRACT A, for 48.52 feet to the northeast corner of said TRACT A; thence South 09 degrees 27 minutes 48 seconds West along said easterly line of TRACT A, for 600.90 feet to the actual point of beginning of said LINE A to be described; thence South 28 degrees 28 minutes 38 seconds West for 755.63 feet; thence southwesterly for 441.28 feet along a tangential curve, concave to the northwest, radius 410.00 feet and central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said LINE A there terminating; Said parcel shall be conveyed subject to the reservation of a permanent roadway, drainage and utility easement, as well as a temporary construction easement, each described below as follows: PERMANENT ROADWAY, DRAINAGE AND UTILITY EASEMENT A permanent easement for public road and drainage and utility over, under and across the following described property: TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota. Said permanent easement is all that part of said TRACT A which lies southeasterly and southerly of LINE A described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 52 minutes 24 seconds West along the north line of said Northwest Quarter of Section 3, for 264.99 feet to an intersection with the northerly extension of the easterly line of said TRACT A; thence South 09 degrees 27 minutes 48 seconds West along said northerly extension of the easterly line of TRACT A, for 48.52 feet to the northeast comer of said TRACT A; thence South 09 degrees 27 minutes 48 seconds West along said easterly line of TRACT A, for 600.90 feet to the actual point of beginning of said LINE A to be described; thence South 28 degrees 28 minutes 38 seconds West for 755.63 feet; thence southwesterly for 441.28 feet along a tangential curve, concave to the northwest, radius 410.00 feet and central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said LINE A there terminating -7- 1•- •. And which lies northwesterly of LINE B described as follows: Commencing at said northeast comer of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 52 minutes 24 seconds West along the north line of the Northwest Quarter of said Section 3, for 264.99 feet to an intersection with the northerly extension of the easterly line of said TRACT A; thence South 09 degrees 27 minutes 48 seconds West along said northerly extension of the easterly line, for 48.52 feet to the northeast comer of said TRACT A; thence South 09 degrees 27 minutes 48 seconds West along said easterly line of TRACT A, for 907.85 feet to the actual point of beginning of said LINE B to be described; thence South 25 degrees 15 minutes 29 seconds West for 57.91 feet to an angle point in said LINE B; thence South 27 degrees 26 minutes 49 seconds West for 402.24 feet; thence southwesterly for 189.71 feet along a tangential curve, concave to the northwest, radius 528.00 feet and central angle 20 degrees 35 minutes 12 seconds to the southerly line of said TRACT A and said LINE B there terminating. TEMPORARY CONSTRUCTION EASEMENT A temporary easement for construction purposes over, under and across the following described property: TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota. Said temporary easement is all that part of said TRACT A which lies northwesterly and northerly of said LINE A and which lies southeasterly and southerly of a line drawn parallel and concentric with and distant 40.00 feet northwesterly and northerly from said LINE A. The sidelines of said temporary easement are to be prolonged or shortened to terminate on the easterly and southerly lines of the above-described property. Said temporary easement shall expire December 31, 2007. -8- Agenda 1 11 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: County Road D Realignment East — Southlawn to Hwy 61- City Project 02 -07: Resolution for Modification of the Existing Construction Contract, Change Orders 5, 6 and 19 -24. DATE: June 5, 2006 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 5,6 and 19 - 24. Background On June 28, 2004, the city council awarded the construction contract for the utility and roadway construction to Shafer Contracting, Inc. in the amount of $2,364,326.51. Change Orders 1, 2, 3 and 4 were approved by the city council in 2004. Change Orders 5 and 6 were originally denied by the city, they have been revised and are being presented again. Orders 7 -12 were approved in May 2005 and Change Orders 13 -18 were approved in January of 2006. The items originally proposed under Change Orders 5 & 6 were determined to be extra work items that the contractor was due as a result of oversights by URS, and for which they agreed to take responsibility. Change Orders 19 through 24 are listed on the attached change order forms and are summarized below: ❑ Change Order 5 ($1,050.16) The contractor was required to do additional excavation work for a water main offset due to a conflict with new sanitary sewer. The city's consultant, URS has agreed to reimburse the city for these extra costs due to a design error. ❑ Change Order 6 ($1,541.40) The contractor was required to do additional excavation work for a water main offset due to conflicting storm sewer. The city's consultant, URS has agreed to reimburse the city for these extra costs due to a design error. ❑ Change Order 19 ($0.00): The incorrect original contract amount was shown on Change Orders 1- 18 at $2,369,862.11. The correct original contract amount is $2,364,326.51. All future Change Orders will reflect this revised amount. ❑ Change Order 20 ($6,277.93): Additional drainage improvements were made on the Bruce Vento Trail at the 1 -694 and Beam Avenue bridges along with extra work that included cutting off protruding bolts on the bridges that created safety problems. ❑ Change Order 21 ($754.08): To relieve pressure on the twin 48 inch pipes that collapsed on the north side of County Road D, additional material was excavated. ❑ Change Order 22 ($1,782.00): A 300 foot centerline was painted on Hazelwood Street, south of County Road D to open the roadway to traffic after a 3 month road closure in December. ❑ Change Order 23 ($4,965.14): The storm sewer outfall at Cardinal Pointe was damaged during construction. The pipe had to be reinstalled to allow their pond to drain. ❑ Change Order 24 ($63,809.65): Due to project delays and an increase in asphalt products, the contractor's original unit prices for bituminous pavement in 2005 have significantly increased in 2006. The contractor is requesting an additional $63,809.65 for these increases. Because this project is funded with State Aid Funds, this project is governed by a MnDOT specification. That specification provides for a bituminous escalation clause. The contractor is due an increase in bituminous based upon a standard set of provisions as outlined in the specifications. This escalation clause is being optioned on nearly all bituminous projects throughout the United States. While this is a very large expense, it is eligible for reimbursement from our State Aid allocation from the Motor Vehicle Transportation Fund, which includes gas tax revenues. The total amount of Change Orders 19 through 24 would increase the construction contract by $80,180.36. The revised contract amount would be $2,897,850.87. Budget Impact The budget will be impacted by the approval of Change Orders 19 through 24. Funding from MSA will need to be increased by $65,591.65 from $3,709,200.00 to $3,774,791.65 along with an increase in funding by Ramsey County from $689,680.00 to $695,957.93. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 19 through 24, for the County Road D Realignment East Improvements (Southlawn to Highway 61), City Project 02 -07. Attachments: 1. Resolution 2. Change Order Nos. 5 -6 3. Change order Nos. 19 -24 4. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 19 through 24 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), 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 -07, Change Order Nos. 19 through 24, as an increase to said contract by an amount of $80,180.36, such that the new contract amount is now and hereby established as $2,897,850.87. 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. 19 through 24 as a contract increase in the amount of $80,180.36. The revised contract amount is $2,897,850.87. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing as shown below: Funding Sources Original Budget Revised Budget Ramsey County $ 689,680.00 $ 695,957.93 Regional Rail $ 906,645.00 $ 906,645.00 Sewer Fund $ 55,000.00 $ 55,000.00 Sale of Property $ - $ - Interest on Investments $ 61,257.00 $ 61,257.00 Bonding 2006 $ 167,538.00 $ 167,538.00 N1SA $ 3,709,200.00 $ 3,774,791.65 TOTAL: $ 5,589,320.00 $ 5,661,189.58 JUN - 05 - 2006 — ICON i FAY No,7635359521 P. 009 • 't :.rig .,.,.. . O. . ,. DEPARTNIENTOFPUBLIC CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 / 138-112-05 Project No. 02 -07 Date: 2(7/06 Contractor. Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as attend by the fonowiing provisions: During construction of a proposedsanitary sewer line coming out of new sanitary sewer MH 22, an alignment conflict was discovered with a new hydrant lead installed as part of this project Saint Paul Regional Water Services vertically offset the hydrant lead to provide proper clearance for the sanitary line. Shafer Contracting Company, Inc. provided labor and equipment to excavate this operation and cost was determined under Mn/DOT Specification (1404) Extra and Force Account Work The City of Maplewood denied payment for this work due to error in design and/or survey.' URS Corporation agrees to assume the cost of this work through a reduction in engineering fees equal to the amount of the change order. The value of this change order is $ 1,054.16. Contract Status Cost (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. 14.7 -18 (6 Removed) $ 453,344.00 Approved Revised Contract: $2,817,670.51 Net Change of Prior Pending Change Order No. 19 20.21.22 $ 8,814.01 Change this Change Order: $ 1,050.16 Possible Revised Contract: $2,827,534.68 Approval Mayor Approval Engineer Agreed to by Contractor By its Tide Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) 03:17 PSI MNDOT C.Q. #5 (Rev.), Page 1 of 2 J5- 2006 -MON 03:17 PY MNDOT FAX No.7635359521 P.011 URS Copy CRY COPY Contractor Copy .- ...___C-HANGE. ORDER- NO. -6--( REVISED).- _.....__. _........ __..__.._...._.._. _..._:.._.._.._ ._ ..._........_ DEPARTMENT OF PUBLIC WORKS C1T'Y OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138 - 121 --03 / 138 - 112 -05 Project No. 02 -07 Date: 217/06 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to ptrform the Work as altered by the following provisions: During construction of a proposed storm sewer line between new CBMFi 38 and proposed CBMH 39, an alignment conflict was discovered with a new watermain stub installed as part of this project. Saint Paul Regional. Water Services vertically offset the existing watermain stub to provide proper clearance for the storm sewer line. Shafer Contracting Company. Inc. provided labor and equipment to excavate this operation and cost was determined under MrVDOT Specification (1904) Extra and Force Accoumt Work The City of Maplewood denied payment forAlris work due;to error in design and/or survey. URS Corporation agrees to assume the cost of this work through a reduction in engineering flees equal to the amount of the change order. The value of this change order is $1,541A0. Contract Status Cost : (Corrected Amount) Original Contract $2,364,326:51 Net Change of Prior Approved Change Order No. 1- 4.7 -18 $ 453,344.00 Approved Revised Contract: $2,817,670.51 Net Change of Prior Pending Change Order No. 19.20, 21, 22.5 $ 9;864.17 Change this Change Orden: $ 1541,40 Possible Revised Contract $2,829,076.08 Approval Approval Mayor Eng'necr Agreed to by Contractor By Its Title Approval 100% Local Fundirig Assistant State Aid Engineer (For Funding Approval Only) C.O. #6 (Rev.), Page 1 of 2 JUN -05- 2006 - MON 03:15 PM MNDOT PAX No,7635359521 P.002 URS Copy -copy.. Conftacto State Aid Cop _.._ ......... ...................._._........ _.. _... _.. ... ... _ ..- CH: W- GE NO:1.9 ............... - __ ........... .,_ DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESO Project Name: County Road D Improvements S.A.P. 138. 121 -03 / 138- 112 -05 Project No. 02 -07 Tate: 2/6/05 Contractor: Shafer Contracting Company, Inc. h accordance with the terms of this Contact, you arc bezcby autbmized and instructed to perform the work as AUCMd by the ;f Owing provisions: This Change Order corrects the project's contract amount shown on the Contract Award Letter dated July 8, 2004. The City of Maplewood accepted Shafer Contracting Company's base bid of $ 2,280,353.21, as well as Bid Alternate #1 for landscaping, in the amount of $ 83,973.30. Bid Altemates #2 and #3 were not awarded at this time. The base bid plus. the landscaping alternate equal $ 2,364,326.51, not $ 2,369.862.11, a difference of $ 5,535.60. The incorrect contract amount appears on Change Orders One (1) through tighteext (18) of this contract. The corrected contract amount will appear on all future change orders and pay applications associated with this project_ Contract Status t�° Previous Cost Revised Cost (Incorrect Amount) (Corrected Amount) (Change Orders 1 -18) (Change Orders 19 +) Ori 'nal Contract $ 2,369,862.11 $ 2,364,326.51 Net Change of Prior Approved Change Order No. 1 - 4,7 -18 (5 & 6 Removed) $ 453,344.00 $ 453,344.00 Approved Revised Contract: $ 2,823,206.11 $ 2,817,670.51 Change this Chabtge Order: $ 0.00 $ 0.00 Possible Revised Contract: $ 2,823,206.11 $ 2,817.670.51 Approval Approval Mayor Engineer Agreed to by Contractor By its Title Approval _ No Funding Requested Assistant State Aid Engineer (For Funding Approval Only) C.O. #19, Page 1 of 1 JUN -05- 2006 - MON 03:16 PM M DOT PAY No,7635359521 P.003 4 URS Copy Cky Copy _........_._ ..- - ..........,....._..- IetO: 2 0.._.._ ... .. ...................... ....... __ ........._.._.._... ............:.._..._........._. DEPARTNIEN'T OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUN'T'Y, MINNESOTA Project Name: County Road D Improvements S.A.P. 138 - 121 -03 /138-112-05 Project No. 02 -07 Date: 216/06 Contractor: Shafer Contracting Company, Inc. tui accordance with the terms of tbis Contract, you are hweby authorized and iwUvc%d to pedoua the works as atttaed by the following provisions, At the request of the Ramsey County Parks and Reccation Department, Shafer Contracting Company, Inc. performed . extra work on the north and south segments of the Bruce Vento Trail involving the 1-694 and Beam Avenue bridges. ,Drainage improvements on each bridge include placement of geotextile fabric under the aggregate base and the addition of casting assemblies. Also, extra work was required on the Beam Avenue Bridge to cut off and cover protruding bolts that presented a safety problem. Shafer regrouted the existing bridge posts on the Beam Avenue Bridge as well. The work was performed in accordance with lt+lnlDOT Specification (1904) and was approved by the City of Maplewood. The value of brie change order is $ 6,277.93 Contract Status Cost (Corrected Amount), Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. 1 -4, 7 -18 (5 & 6 Removed) $ 453,344.00 Approved Revised Contract: $2,817,670.51 Net Change of Prior Pending Change Order No. 19 $ 0100 Change this Change Order: $ 6,277.93 Possible Revised Contract: $2;823,948.44 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. #f20, Page 1 of 2 JUN -05- 2006 —MON 03:16 PM MNDOT FAX No,7635359521 P.005 .. ..... ......_...- ......_....._......_ ..._......_ -.. -._. _CHANGE - ORDER- N0.:.2-1. _......_...... DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, M NESOTA Project Name: County Road D Improvements S.A.P. 138 - 121 -03 /138-112-05 Project No. 02 -07 Date: 216/06 Contractor: Shafer Contracting Company, Inc. . In accordance wittt the terms of tWs Gouoct, you Whereby authorized and instructed to pedfom the Work. as,attcxcd by the following provisions; The City of Maplewood requested assistance from Shafer Contracting Company, Inc. to excavate material from the top of two twin 48" pipes that collapsed under a Ramsey - Washington' Watershed District berm. The berm its located on the north side of new consttuctioA for County Road D, across from the new surcharge and wetland ponds constructed by Frattalone Companies, Inc. The value of this change.order is $'754.08. Contract Status Cost (Coi:rected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. 1-4, 7 -18 (5 & 6 Removed) . $ 453,344.00 Approved Revised Contract: . $2,81,7,670.51 Net Change of Prior Pending Change Order No. 19,20 $ 6,277.93 Change this Change Order: $ 754.08 Possible Revised Contract: $2,824,702.52 ,Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Fwading Approval Only) C.O. #i21, Page 1 of 2 JUN-05-2006 03:16 PM MNDOT FAX No,7635359521 P.007 URS Copy Cos Copy CordracbOrcopy State Aid Gopy --------- -- DEPARTMENT OF PUBLIC WORKS Crry OF MAPLEWOOD, RAMSEY COUNTY, MD41 Project Name: County Road D Improvements S.A.P. 138121-03 /.138- 112 -05 Project No. 02-07 Date: Contractor: Shafer Contracting Company, Inc. To accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following PM6609s; On Saturday, December 12, 2005, AAA Striping painted a three hundred foot double yellow centerline on Hazelwood Street, south of County Road D. This section of roadway closed in October due to lov=ug and r& alignment of the BP Amoco Pipeline underlying the mad. A centerline was necessary in order to remove the road closure and open Hazelwood Street to traffic. 'Because most pavement -marking subcontractors already closed operations for the winter, this striping cost more than usual, AAA Striping, Shafer's pavement malkWg.5ubcootractor for this project, offered a lamp sum quote for the work, which the City of Maplewood accepted. The value of this change order. is $1,782.00. Contract Status Cost - (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change , Order No. 1- 4.7 -18 (5 & 6 Removed) $ 453,344.00 Approved Revised Contract: $2,817,670.51 Net Change of Prior Pending Change Order No. 19,20,21 $ 7,032.01 Change this Change Order: $ 1,782.00 Possible Revised Contract: $2,826,484.52 Approval Mayor Approval Fingineer 1 Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #22, Page 1 of 2 JUN 03:17 PM MNDOT FAX No, 7635359521 P.008 31 ..... ...... DEPARTMENT OF PUBLIC WORKS CrFY OF MAPLEWOOD, RAMSEY COUNTY, NWNESOTA Project Name: County Road D Improvements S.A.P. 138 -121 -031 S.A.P. 138-112-05 Project No.: 02-07 Date: 217/06 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 22 $ 1,782.00 Pavement markings for this project participate 100% in state aid funding depending on the location of the work. The striping identified on this change order is eligible for state aid funding as follows: Catego!y Hazelwood Street Roadway S.A.P. Differentiation Fraction 100% S.A.P. 138-112-05 Loo Amount of Change. Order No. 22 Eligible for State Aid Participating Funds Amount $ 1,782.00 $1,782.00 C.O. #22, Page 2 of 2 JUN -05- 2006 — ICON 03:17 N MNDOT FAX No,7635359521 P.013 URS Copy C* COPY DEPARTMENT Of PUBLIC WORKS CITY OF MAPLE WOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 /138-112-05 Project No. 02-07 Date 2/7/06 C . ontractor: Shafer Contracting Company, Inc. J accadance with the tenns of this COWMCt, you RM beteby authorized and instructed to VcTfoyM the Work as altered by the fol)owiny, provisions: Following construction of the new storm sewer system on Hazelwood Street, outfall from the Cardinal Pointe detention pond was disrupted. The new storm sewer pipe had to be re-installed at maximum depth to allow drainage of the pond. Sh C C JRc. provided labor and equipment to excavate this operation and cost was determined tinder MnIDOT Specification (1904) Extra and force Account 'Wor payment . The City of Maplewood denied for this work due to design error. URS Corporation agrees to assume the cost of this work ftougb a reduction in engineering fees equal to the amount of the change order. The value of this change order is $ 4,965.14. Contract status Cost (Corrected Amount) Original Contract .$2,364,326.51 Net Change of Prior Approved Change Order No. 1-4.7-18 $ 453,344.00 Approved Revised Contract: Net Change of Prior Pending Change Order No. 19,20.21. 22, 5.6 -$ 11,405,57 Change this Change Order: 4,965.14 Possible Revised Contract: 12,834,041.22 Approval Mayor Approval F-U&Cer Agreed to by Contractor LZ Its Title Approval 100% Local Fundi Assistant State Aid Engineer (For Funding Approval Only) C.O. #23, Page 1 of 2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: County Road D Realignment East (Surcharge and Pond Contract), City Project 02 -07, Approval of Modifications to Existing Construction Contract, Change Orders 4 & 5 DATE: September 29, 2005 INTRODUCTION Bids for this project were received and opened on Tuesday, October 28, 2003, and the construction contract was awarded to F.M. Frattalone Excavation on November 10, 2003. To date, most of the work is complete. Change orders 4 and 5 relate to the plantings in the surcharge pond. The city council will consider approving the attached resolution directing modification of the existing contract for the soil stabilization phase of this project. Background This project has two construction contracts: the soil stabilization portion, which was awarded to F.M. Frattalone Excavating, and the road construction portion, which was awarded to Shafer Construction. The attached change orders 4 & 5 would reflect an increase of $ $4,907.93 in the soil stabilization contract with F.M. Frattalone Excavating. Attached are Change Orders 4 & 5 which summarize the purpose of the work. Change Order No. 4 for $4,907.93 is for goose netting on the pond slopes to protect plants. Change Order No. 5 is for a time extension on the contract to allow for planting in the pond until the end of the planting season on October 20 2005. The original contract amount was $1,116,861.91. The revised contract amount would be $1,464,327,84. Discussion /Budget Impact This contract has exceeded the original contract amount. Before the project is completed, it is anticipated that a project budget increase and a revised project financing plan will be necessary. At this time no change to the project budget is proposed. RECOMMENDATION It is recommended that the city council approve the attached resolution Directing the Modification of the Existing Construction Contract, Change Order No. 4 and the recommended revisions of contract completion dates, Change Order No. 5. Attachments: 1. Resolution 2. Change Order No. 4 3. Change Order No. 5 4. Location map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02 -07, 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 02 -07, Change Order No. 4 & 5. 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. 4 & 5 in the amount of $4,907.93. The revised contract amount is $1,464,327.84. No revisions to the project budget are proposed at this time. URS Copy City copy CHANGE ORDER NO.4 Contractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Realignment — Surcharge Pond, Wetland Mitigation Project No. City Project 02 -07 Contractor: Frattalone Companies, Inc. Date: 9/14/05 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: To protect plant patches and facilitate permanent vegetation on surcharge pond slopes, the City of Maplewood requested installation of goose netting around planting perimeters and throughout planting areas of the surcharge as outlined in Goose Management Specifications for Installation of Protective Netting. Frattalone Companies offered to furnish and install the netting at a price of $ 1.63 per lineal foot assuming an estimated netting quantity of 3,011 lineal feet. MnDOT Estimating and the City of Maplewood approved pricing submitted by Frattalone Companies for the netting installation. Estimated Cost $1.63 x 3,011 LF = $4,907.93 The value of this extra work is $ 4,907.93. Contract Status Cost Original Contract $ 1,116,861.91 Net Change of Prior Approved Change Order No. 1,2,3 $ 342,558.00 Approved Revised Contract: $ 1,459,419.91 C.O. #4, Page 1 of I t1RS Copy City Copy CHANGE ORDER NO. 5 Contractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Realignment — Surcharge Pond, Wetland Mitigation Project No. City Project 02 -07 Contractor: Frattalone Companies, Inc. Date: 9/14/05 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The Contract Agreement dates shall be changed with no change to the contract unit bid prices. The following changes shall be made to the Agreement: 3.1 Schedule (change the following to read) a. The work will begin by Monday, November 17, 2003, and will be substantially completed on or before Thursday, October 20, 2005. The work on the Pond and Wetland Mitigation shall be substantially completed on or before Thursday, October 20, 2005. b. Final completion shall be on or before Thursday, October 20, 2005. To meet the requirements for final completion, all required pay items shall be completed. Final completion shall include project cleanup, traffic control and erosion control removals and punch list items. Contract Status Original Contract Net Change of Prior Approved Change Order No. 1,2,3 Approved Revised Contract: Net Change of Prior Pending Change Order No. 4 Change this Change Order: Possible Revised Contract: Approval Mayor Approval Agreed to by C By Its Engineer Time Cost Completion - June 18, 2004 $ 1,116,861.91 $ 342,558.00 $ 1,459,419.91 $ 4,907.93 Completion — October 20, 2005 $ 0.00 $1,464,327.84 /.."° Title C.O. #5, Page 1 of 1 w � \ COUN TY RUAD ID REALIGNMENT sFi2 MENT I ---COUNTY ROAD D REAUGNMENT SEGMEN T 4 13 Agenda Item 112 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Public Works Building Improvements — City Project 03 -19 — Approve Transfer of Funds from Public Works Budget to Project Fund and Adjust Project Budget DATE: June 6, 2006 INTRODUCTION The construction of the Public Works Building is nearing completion. The remaining work includes paving of the parking and entrance areas. Costs of bituminous have far exceeded estimates and a transfer from other funds is necessary to complete the project. Approval of the fund transfer requires City Council approval. Approval is recommended. DISCUSSION The cost of bituminous for paving is increasing tremendously. The price for bituminous in March was at $46 per ton, which was 40% higher than the spring 2005 cost. Since March, the price has increased to nearly $52 per ton, and most suppliers will only provide quotes of 10 days or less. A budget transfer of $10,000 is needed for the bituminous paving portion of the Public Works Building. Due to these rapidly expanding costs for bituminous, we are proposing to delay the seal coating of roadways throughout the City for the 2006 season. We have reviewed the streets that were on the list for seal coating in 2006 and believe that they can delay this application without danger to the street pavement life. The allocation for this work is a capital outlay expense of $100,000 in the Public Works budget. We propose to transfer $10,000 to the Public Works Building Fund and increase that Project Budget accordingly. The remainder of these funds will be used for bituminous repair work, especially in the Brookview Drive area of the City. RECOMMENDATION It is recommended that council approve a transfer of $10,000 from the Public Works Street Maintenance Program (101 -502- 000 -4759) to the Public Works Building Fund (Fund #427 -000- 000- 4660). Agenda Item K.1 REPORT SUMMARY Applicant: Mathew Frisbie of Frisbie Architects, Inc. Project: Comforts of Home Site Address: 230012310 Hazelwood Street Zoning: Business Commercial (BC) Existing Land Use: Business Commercial (BC) Proposed Land Use: High Multiple Dwelling Residential (R -3H) City Council Hearing Date: June 12, 2006 60 -Day Deadline: June 12, 2006 Project Description: Mathew Frisbie of Frisbie Architects, Inc., representing Comforts of Home, LLC, is proposing to redevelop two lots located on the southeast corner of Highway 36 and Hazelwood Street (2300 and 2310 Hazelwood Street). The two lots currently contain the vacant Auto Glass store and an electrical contractor's office. The proposed use on the 3.025 acre lot will be a 42 -unit, two - story, assisted living facility. The facility will also include memory care, respite care, and a hospice facility with 24 -hour, on -site homecare staff. Requests: This proposal requires the following land use approvals from the city: Comprehensive land use plan change from business commercial (BC) to high multiple dwelling residential (R -3H). [4 Votes] 2. A conditional use permit (CUP) for a multiple dwelling planned unit development (PUD). 3. Design review. Recommendations: On May 1, 2006, the planning commission recommended approval of the comprehensive land use plan change, rezoning, and CUP for the proposed Comforts of Home; on May 9, 2006, the community design review board recommended approval of the design review for the proposed Comforts of Home; staff recommends approval of the proposed Comforts of Home. MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Comforts of Home LOCATION: 230012310 Hazelwood Street DATE: May 15, 2006 for the June 12 City Council Meeting INTRODUCTION Project Description Mathew Frisbie of Frisbie Architects, Inc., representing Comforts of Home, LLC, is proposing to redevelop two lots located on the southeast corner of Highway 36 and Hazelwood Street (2300 and 2310 Hazelwood Street). The two lots currently contain the vacant Auto Glass store and an electrical contractor's office. The proposed use on the 3.025 acre lot will be a 42 -unit, two - story, assisted living facility. The facility will also include memory care, respite care, and a hospice facility with 24 -hour, on -site homecare staff. (Refer to the applicant's narrative and plans — Attachments 1 through 12.) Requests This proposal requires the following land use approvals from the city: Comprehensive land use plan change from business commercial (BC) to high multiple dwelling residential (R -3H). [4 Votes] 2. A conditional use permit (CUP) for a multiple dwelling planned unit development (PUD). 3. Design review. DISCUSSION Operations There are currently two Comforts of Home facilities operating in the Twin City metropolitan area, Blaine and Hugo, and one in Hudson, Wisconsin. The applicants discuss the Comforts of Home operations in the attached narrative (Attachment 1). In summary, Comforts of Home is an assisted living and memory care /Alzheimer community designed to assist those needing mild to high levels of personal care. The facility will have 42 private suites, a large kitchen, group dining/living/activity areas, and a beauty shop. Each suite has a private bathroom and a separate bedroomlliving area. Some of the units would have kitchenettes. The facility has 24 -hour, on -site home care and nursing staff. The facility will provide the residents' meals, housekeeping, and laundry service. Land Use The property is guided as BC in the city's comprehensive land use plan map. In order to construct a multiple - dwelling building as proposed by the applicants, the property must be reguided to multiple dwelling residential. The city's comprehensive plan allows for three levels of densities within a multiple dwelling land use designation including low (R -3L), medium (R -3M), and high (R -31-1). The city's comprehensive plan does not clearly address assisted housing, but for density allowance purposes staff used the senior -only housing calculation. Densities for senior - only housing within each of the comprehensive land use levels is based on a calculation of the number of people per unit and the lot size, rather than the number of units per acre. This allows for slightly higher densities due to the fact that seniors tend to have less people living within one dwelling unit. The R -3M land use designation would allow up to 36 units on this property. The R -3H land use designation would allow for up to 62 units on this property. The applicants are proposing 42 units, and therefore the property must be reguided from BC to R -3H. The reguiding of this land from BC to R -3H for the Comforts of Home development meets the criteria for a land use plan change as outlined in the attached land use resolution (Attachment 15). r. The property is zoned BC. Within this zoning district, multiple dwelling residential uses are allowed with a CUP. The property can remain zoned BC for this development, as long as the applicants obtain a CUP from the city for the construction of the multiple dwelling residential use (assisted living facility). The proposed Comforts of Home facility should meet the nine standards for approval of a CUP as outlined in the attached CUP resolution (Attachment 16). The applicants are also requesting that the CUP be approved as a PUD. A PUD is requested to allow flexibility from the city's codes in order to produce a superior development. Areas of flexibility to be discussed include reduced parking, reduced parking space width, and reduced unit floor areas. Highway 36 Improvements Mary McNeff, transportation planner with the Minnesota Department of Transportation (MnDOT), submitted a letter in regard to the proposed development (Attachment 13). In summary, Mr. McNeff states that Highway 36 is included in the MnDOT Metro District 2008 -2030 Transportation System Plan which calls for additional lanes to be constructed on the highway. He goes on to state that the plan is fiscally constrained and funding for the widening of the highway has not been identified within the time frame. Chuck Ahl, city engineer, states that there were originally several reconstruction plans being considered by MnDOT for Highway 36 in this location including widening the highway, constructing a pedestrian bridge over the highway, closing off access from Hazelwood Street to the highway, or constructing an interchange at the Hazelwood Street/Highway 36 intersection. It is unclear at this point if MnDOT has the funding to do any reconstruction near the Hazelwood Street/Highway 36 intersection. Mr. Ahl's best E estimate is that the Hazelwood Street access on the north and south side of the highway would be closed and there may be a need for additional right -of -way from the Comforts of Home property for the widening of the highway. The applicants are aware of these possible roadway construction scenarios. Hazelwood Street/Sidewalk Chuck AN also states that Hazelwood Street is set for improvements in 2009 in the city's capital improvement plan. The street improvements would probably include curb and gutter, with several on- street parking spaces in front of the property. As has been the city's policy in all new or redeveloped sites where warranted, the city should require that the applicants install a sidewalk along the entire Hazelwood Street frontage of the lot. The sidewalk would need to be six feet in width. Since the city does not know the exact layout of the improvements, a sidewalk installed this year with this development may need to be torn out and reconstructed in 2009. For this reason the applicant should be required to submit an escrow for the cost of the sidewalk to be constructed by the city in 2009. Minnesota Rules, Chapter 7030.0030, states that the local governmental unit has to take all reasonable measures to ensure that the state noise standards have been met. There is a valid concern that the location of a residential facility in this location would violate state noise standards due to the vehicle noise from the highway. For this reason, city staff recommends one noise mitigation condition to include a 6 to 8 foot high berm with evergreen trees planted on the sides and top. The berm should be located on the north end of the lot, wrap around the northwest corner, and extend along Hazelwood Street for a short distance. The applicants have addressed this condition in their April 24, 2006, revised grading and drainage plan and landscape plan (Attachments 7 and 9). In addition to the condition of adding a berm, the applicant should provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. Traffic Three of the nine neighborhood comments received were in regard to concerns about additional traffic. These concerns came from neighbors on Sherren Avenue. Representatives of Comforts of Home state that none of their residents will drive. In their existing facilities they have five to six visitors a day, six daytime staff and three evening staff, and food is delivered twice a week. This is minimal traffic compared to the traffic that would be generated from other permitted commercial uses in that area. Tom Sohrweide, manager of traffic engineering services with Short Elliott Hendrickson, gave the traffic counts on the proposed use and three other development scenarios (trips per day = one vehicular trip to Comforts of Home and one vehicular trip leaving Comforts of Home in any given day): 3 1) 42 -unit assisted living facility: 68 trips per day (10 employee trips per shift, 8 delivery trips per day, 20 visitor trips per day). 2) 10,000 square foot office building: 110 trips per day 3) 5,000 square foot office building: 55 trips per day 4) 5,000 square foot retail use: 220 trips per day With these comparisons it seems clear that the traffic concerns are unwarranted, particularly for neighbors on Sherren Avenue. The only additional traffic that these neighbors should experience is an occasional stray vehicle from the facility, as most of the traffic from this facility will be on Hazelwood Street or Cope Avenue. Parking City code requires two parking spaces per residential housing unit. One of the spaces must be enclosed. Comforts of Home is proposed with 42 housing units, therefore 84 parking spaces are required per city code. Comforts of Home is proposing 25 surface parking spaces. The applicant is requesting that the city authorize the reduction of 59 parking spaces as part of the PUD. The applicant's rationale for such a large reduction is the fact that none of the residents will have vehicles, and the only parking needs they have will be for their employees and guests. In their current locations, they state they have five to six visitors a day and six daytime and three evening staff. Twenty five parking spaces should be more than adequate for this parking need. The city's two existing assisted living facilities (Lakeview Commons - 1200 Lakewood Drive and Homestead at Maplewood - 1890 Sherren Avenue) were approved with parking reductions. Lakeview Commons has 100 units with 62 parking spaces and Homestead at Maplewood has 62 units with approximately 40 parking spaces. In addition, the reduction in the number of parking spaces will reduce the amount of impervious surface on the property. City code requires parking spaces for multiple dwellings to be 9.5 feet wide by 18 feet in depth. The applicant is requesting that the city authorize the reduction of parking space width from 9.5 feet to 9 feet. This width should be adequate for the use of the parking spaces by the employees and visitors. Unit Floor Area City code requires that multiple dwelling units maintain at least 580 square feet in area for an efficiency or one - bedroom unit. The unit sizes proposed at Comforts of Home include units which are 221 to 360 square feet in area. The units are smaller due to the fact that they only include a private bathroom and separate bedroom /living area. Some of the units have kitchenettes. The residents will have access to the on -site kitchen facilities and living /common areas. The applicant is requesting that the city authorize a 359 square foot floor area reduction in the required unit floor area as part of the PUD. Wetland The pond located to the east of the property is called Knuckle Head Pond. This is a Class 4 designated wetland. City code requires an average wetland buffer of 25 feet, and a minimum buffer of 20 feet to the delineated wetland edge. The proposed building will come within 25 feet of the wetland at the southeast corner of the building, and exceed the 25 -foot setback in all other areas of the building. The Ramsey Washington Metro Watershed District has reviewed the preliminary plans and has no major concerns with the development. Conditions of approval should include that the applicant install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer and that they obtain a permit from the watershed district. Grading /Drainage Michael Thompson, civil engineer, reviewed the original and revised grading and drainage plans and submitted an engineering plan review (Attachment 14). Mr. Thompson's main concerns were addressed by the applicant in the April 25, 2006, revised grading and drainage plans. In summary, the engineering plan review states that the applicants need to enter into a maintenance agreement to ensure the long -term operation and maintenance of the infiltration basin and enter into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure the future construction of the sidewalk. Design Review Site Plan The building and parking lot meet all required setbacks. A revised site plan should be submitted, however, which matches the proposed grading and drainage plan and reflects the required berm on the north side of the property. Buildina Desian The building is 27,055 square feet overall, with 13,795 square feet on the upper floor and 13,260 square feet on the lower floor. The exterior of the building will have a cultured stone veneer wainscot and brick veneer on the first floor and Hardipanel board and batten vertical siding on the second floor. The building will have asphalt shingles and Hardishingle in the false dormers. The building is attractive and will be compatible to the surrounding residential uses. Tree Preservation /Landscaoino The city's tree preservation ordinance requires the replacement of all large trees removed, but in no case does a developer have to replace more than ten trees per acre. A large tree is defined as a tree with a diameter of 8 inches at a 4 -foot trunk height, except for boxelders, cottonwood, and poplars. There are 70 large trees located on this property. With the development, 26 of those trees will be removed. The property is 3.025 acres, and based on city code requirements, the developer would have to replace all 26 of the trees removed. 5 The April 25, 2006, revised landscape plan includes 35 trees as follows: 27 evergreen trees (2 Austrian pine and 25 Colorado spruce), 5 deciduous trees (2 Patmore ash and 3 sugar maple), and 3 ornamental trees (3 spring snow crab apple). In addition to the trees, the landscape plan includes 6 dwarf winged euonymus, 16 scandia juniper, and 22 magic carpet spirea. Following are recommended changes to the landscape plan: The Colorado blue spruce should be changed to Black Hills spruce. 2. Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre - approved native seed mixtures. 3. The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. 4. A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). 5. Two additional sugar maple trees should be planted along Hazelwood Street. 6. All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. 7. All disturbed areas must be restablished with turf. 8. The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 — 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. Li htin City code requires that a lighting and photometrics plan be submitted with this type of development. The plan should show that the light illumination at all property lines does not exceed .4 foot candles of light illumination and that the freestanding lights are 25 feet in height or less. The plan shows two freestanding lights located on the west side of the parking lot and seven wall pack lights located on the east side of the building. The architectural style of the downcast lights matches the building design and will be an attractive design element to the site. The light illumination at all property lines is .0 foot candles, which exceeds city requirements. However, the height of the freestanding lights is not specified and should be included on the plan. Dumpster Enclosure City code requires trash and recycling dumpsters to be screened. The applicants propose to screen their dumpster and recycling with a 140 square foot building located on the northeast side of the parking lot. The building will be constructed of cultured R stone and Hardishingle notched panels. The building will match the design of the main building. Signs As part of the PUD approval, the city should require that all signs be approved by the CDRB. No signs have been submitted with this proposal. However, the site plan does show a freestanding sign located along Hazelwood Street. This sign, and any other proposed signage, must be approved by the CDRB prior to issuance of a sign permit. COMMITTEE ACTIONS On May 1, 2006, the planning commission recommended approval of the comprehensive land use plan change, rezoning, and CUP for the proposed Comforts of Home (refer to the May 1, 2006, planning commission minutes attached). On May 9, 2006, the community design review board recommended approval of the design review for the proposed Comforts of Home (refer to the May 9, 2006, community design review board minutes attached). OTHER COMMENTS Police Department: Lieutenant Michael Shortreed has the following comments and suggestions for the Comforts of Home development: Construction site thefts and burglaries are a large problem affecting many large construction projects throughout the Twin Cities metro area. The contractor should be encouraged to plan and provide for site security during the construction process. On -site security, alarm systems, and any other appropriate security measures would be highly encouraged to deter and report theft and suspicious activity incidents in a timely manner. 2. Appropriate security and exterior lighting should be provided and maintained in order to assure that the entry to and exit from the facility is readily recognizable and accessible. 3. Appropriate staffing should be available to assure that residents with Alzheimer's disease do not walk away from the facility, especially with a state highway (Highway 36) being located just north of the facility. Building Department: Dave Fisher, building official, has the following comments and suggestions for the Comforts of Home development: The city will require a complete building code analysis when the construction plans are submitted for a building permit. 2. Provide public restrooms. 3. Provide adequate fire department access to the buildings. 7 4. Contact the state fire marshal office to verify any regulations they may have for assisted living facilities. 5. The building is required to be sprinklered. 6. 1 would recommend a preconstruction meeting with the contractor, the project manager, and the city building inspection department. Fire Department: Butch Gervais, fire marshal, states that the building must have a sprinkler system (per code) and a fire alarm system (per code). RECOMMENDATIONS Approve the proposed comprehensive land use change resolution attached (Attachment 15). This resolution changes the land use plan from business commercial (BC) to high multiple dwelling residential (R -3H) for the properties at 2300 and 2310 Hazelwood Street. The city bases these changes on the following findings: a. This site is proper for and consistent with the city's policies for high - density residential use. This includes: 1) Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single- family housing, public- assisted housing and low- to moderate - income housing, and rental and owner - occupied housing. 2) Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. 3) The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. 4) The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. 5) It is located off an arterial street, on a collector. 6) It is located near a park, open space, and wetlands. 2. Approve the conditional use permit resolution attached (Attachment 16). This resolution authorizes a conditional use permit for a multiple dwelling planned unit development within the BC zoning district. The multiple dwelling development is E.*] a 42 -unit assisted living facility at 2300 and 2310 Hazelwood Street. Approval is subject to several conditions as outlined below: a. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 11, 2006, engineering plan review. b. All construction shall follow the plans date - stamped March 27, 2006, and with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. C. The applicant must provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. d. The project is approved with a parking reduction of 59 parking spaces (84 parking spaces are required per city code, 25 parking spaces proposed). e. The project is approved with a 359 square foot floor area reduction in the required unit floor area (580 square foot units are required per city code, 221 to 360 square foot units are proposed). The project is approved with a 0.5 -foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9 -foot wide parking spaces are proposed). g. All signs on the property must be approved by the community design review board. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. The city council shall review this permit in one year. 3. Approve the plans dated stamped March 27, 2006, and the April 25, 2006, revised grading and drainage, tree preservation and landscape plans for the 42— unit, two - story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 230012310 Hazelwood Street). Approval is subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 0 1) Revised plans which meet all requirements as spelled out in the May 11, 2006, engineer review including, but not limited to, entering into a development agreement with the city to ensure all construction activities conform to Maplewood's standards and to ensure an escrow is taken by the city for the cost of a 6- foot -wide sidewalk to be constructed along the entire Hazelwood Street frontage during future Hazelwood Street construction. 2) Revised landscape plan showing the following: a) The Colorado blue spruce should be changed to Black Hills spruce. b) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre - approved native seed mixtures. C) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. d) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). e) Two additional sugar maple trees should be planted along Hazelwood Street. f) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. g) All disturbed areas must be established with turf. h) The applicant should attempt to save the large oak tree located on the southeast side of the building (Tree #573 — 30" oak) and must take all means necessary to protect all other large trees scheduled to be preserved on the property during construction of the facility. 3) Revised site plan which shows the following: site plan must match the grading and drainage plan and reflect the required berm located on the north side of the property and future sidewalk to be located along the entire Hazelwood Street frontage. 4) Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). 5) Watershed district approval. ire 6) Building material samples. 7) The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. 8) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. 4) Install all required outdoor lighting. 5) Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. All work shall follow the approved plans. The director of community development may approve minor changes. 11 CITIZEN COMMENTS Staff surveyed the 64 surrounding property owners within 500 feet of this site for their comments. Following are the replies received: Supports the Project Roy Pogue, 1516 Cope Avenue (telephone conversation): Okay with the use. It looks like a nice building. They should attempt to save as many trees as possible. Aren't they concerned about the vacant house across the street? 2. Mary Diebel, 1509 Cope Avenue (written response): Great idea — sounds good to us. Please keep us informed. 3. Bee and Houa Moua, 1531 Viking Drive East (written response): I feel that this is a great idea. Living across the street will give us a pleasant view. Comforts of Home will be a great building to replace the two old buildings. 4. Robert Dunkel, President of Maplewood Park Shores Townhomes, 1626 Cope Avenue (written response): Comforts of Home will be a great asset to the City of Maplewood. We welcome Comforts of Home care center to our neighborhood. 5. Eugene Morisset, 1526 Sherren Avenue (written response): I think Comforts of Home would be a welcomed addition to the neighborhood. Opposes the Project Dennis and Kaye Norbeck, 1502 Sherren Avenue (written response): We are in opposition to this being put at this location. There is a daycare center (licensed daycare) directly across from the proposed facility on the corner of Sherren and Hazelwood on the southwest corner. The traffic that will ensue will be more than the street of Sherren Avenue is able to handle. We feel that the space (area) proposed for the Comforts of Home is inadequate for its future residents to walk outdoors and or exercise. Therefore, we are sure that there will need to be improvements for all the residents to take a walk! That means upgrading Sherren Avenue with possibly sidewalk and curbing. We will have the staff and visitors from the Comforts of Home going up and down this block long street at all times of the day and night. We then will also have to contend with the ambulance and other emergency vehicles that will be needed for residents of this facility and the noise that they create at all times of the day and night. There will be a need for sewer, water, street maintenance due to increased traffic flow and who is going to get hit with these assessments ? ?? We, all the people on Sherren Avenue!!! Of the residents on Sherren Avenue, one half of them are retirees on fixed incomes. We moved here in 1967 and very much enjoy the quiet one block long street and the neighborhood. This will have a great impact on this neighborhood! WA 2. Richard Low, 1511 Sherren Avenue (written response): I am totally against the development. I have major concerns about the safety, of my neighborhood. Parking and unwanted extra traffic on my street will disrupt my quiet close -knit street. I think it will also bring crime and arg bage and trash to our yards and street. 3. Violet Gallion, 1494 Sherren Avenue (telephone conversation): Concerned about additional traffic on Sherren Avenue and about existing traffic on Hazelwood. Concerns with the Proiect Mary Jo Freer, 2255 Hazelwood Street (telephone conversation): There is a lot of traffic on Hazelwood and Highway 36. Her concern is for that type of use on those busy roads. What if someone from the facility wanders out and walks into traffic? The use doesn't bother her in general; it just seems as if it should be located somewhere else. 2. Robert Carye, 2291 Hazelwood Street (telephone conversation): Mr. Carye and his wife do not directly oppose the Comforts of Home project, but want to ensure there are no problems with on- street parking with the city's approval of reduced parking and they want to ensure there is as little impacts to the wetland as possible. 13 REFERENCE SITE DESCRIPTION Site size: 3.025 Acres Existing Use: Vacant Auto Glass store and an electrical contractor's office SURROUNDING LAND USES North: Highway 36 and Single Family Residential Beyond South: Cope Avenue and Sherwood Park Beyond East: Knuckle Head Pond (Wetland) West: Hazelwood Street and Single Family Residential Beyond Land Use Plan Designation: Business Commercial (BC) Zoning: Business Commercial (BC) Criteria for CUP Approval Section 44 -1091 states that the city council may grant a CUP subject to the nine standards for approval noted in the attached conditional use permit resolution (Attachment 16). Criteria for Land Use Plan Change There are no specific criteria for a land use plan change. Any land use plan change should be consistent with the goals and policies in the city's comprehensive plan. The land use plan has eleven general land use goals. Of these, three apply to this proposal including minimize land planned for streets, minimize conflicts between land uses and provide many housing types. 2. The land use plan also has several general development and residential development policies that relate to this project including: a. Transitions between distinctly differing types of land uses should not create a negative economic, social or physical impact on adjoining developments. b. Include a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single- family housing, public- assisted housing and low- to moderate - income housing, and rental and owner - occupied housing. Protect neighborhoods from encroachment or intrusion of incompatible land uses by adequate buffering and separation. M 3. The housing plan also has policies about housing diversity and quality that the city should consider with this development including: a. Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. b. The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. C. The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. Criteria for Design Review Section 2 -290 of the city code requires that the CDRB make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Application Date The complete application and plans for this proposal were submitted on 4- 11 -06. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. City council action was required on this proposal by 6- 10 -06; however, the applicants agreed to an extension of their 60 -day rights until 6- 12 -06. P:Com- Dev\Sec101Comforts of Home16- 12 -06CC Meeting Attachments: 1. Applicant Narrative 10. Exterior Elevations 2. Location Map 11. Main Floor Plan 3. Land Use Map 12. Second Floor Plan 4. Zoning Map 13. MnDOT May 8, 2006, Letter 5. Address Map 14. Engineering Plan Review 6. Site Plan 15. Comprehensive Land Use Plan Change Resolution 7. Grading Plan 16. Conditional Use Permit Resolution 8. Utility Plan 17. May 1, 2006, Planning Commission Minutes 9. Tree Preservation and Landscape Plan 18. May 9, 2006, CDRB Minutes 15 Attachment 1 Comforts of Home is an Assisted Living and memory Care/Alzheimer Community designed to assist those with mild to high levels of personal cares in a warm, home-like environment. Our suites offer private bathrooms, a separate bedroom area and living room with a tea kitchen that includes a sink, refrigerator, and microwave. Our community provides a cozy and secure setting that ensures independence, dignity and safety. Comforts of Home is focusing on needs not being met by other assisted living and memory care communities. We offer a higher level of care and service to our residents so we can reach out to those in nursing homes that are not in need of 24 hour skilled care. We are filling a gap in the continuum of care by fulfilling the needs of those caught between traditional assisted living and those individuals requiring more extensive care. Many traditional assisted living communities will not admit residents that need extensive levels of care. Comforts of Home would like to fulfill this niche that is needed. Residents at Comforts of Home can enjoy their private suites and retain their independence, while also enjoying the peace of mind that comes with 24 -hour assistance. Comforts of Home is a proponent of aging in place. As a resident's frailty level CP increases, we work with family members to provide or coordinate the necessary health care resources. Our philosophy, staff training, and the use of community resources are geared to allow residents to remain in our home -like setting. At Comforts of Home, we think you should only pay for the services and care you need. Our rates are competitive and much lower than a nursing home rate. It is important to us at Comforts of Home to meet the needs of seniors or people under the age of 65 who are on the Elderly Waiver or CADI program. Therefore, we work closely with the county on these programs. Our rates are mostly inclusive and the include your personal cares, 24 hour on site home care staff, Registered Nurse and LPN support, caregiver respond system, all meals, housekeeping, linen/laundry, monthly suite rent, all utilities and cable. We also have our own staff of physicians working with us at all of the communities. Our buildings are designed with residents' comfort and needs foremost in mind. We offer cozy sitting areas for socializing with friends and family. Each day in our community there are planned activities to meet individual needs — music, exercise, outings, entertainment, reminiscing and sensory stimulation. Social activities and events are offered throughout the day by our activity coordinator, so it is easy to make new friends. Family is very important at Comforts of Home, we invite and encourage them to participate in activities and support groups. Our philosophy is to provide quality care to each resident at a competitive price with a personal touch. Our buildings are small and intimate which creates a cozy, comforting feeling. We value the relationships we build with our employees and the communities by creating stable, rewarding and good paying jobs, which in Maplewood, we expect to be at least 30 professional employment opportunities. Attachment 2 w Location M07rTi Attachment 3 7-M Business Commercial (BC) 0 Limited Business Commercial (LBC) 0 Light Manufacturing (M -1) Park (P) 0 Single Dwelling Residential (R -1) 0 High Multiple Dwelling Residential (R -3H) N W 4117� �- E Land Use Ma i S _ - ghway 36 - -- Attachment 4 of �❑ I�Q l I 0 I JD ❑ �_ I QI ❑. .. ❑ P — w ... _ - -- o 230012310 Hazel wood Street - -- x _❑ i _ _ Business Commercial (BC) Light Business Commercial (LBC) 0 Light Manufacturing (M -1) 0 Single Dwelling Residential (R -1) 0 Multiple Dwelling Residential (R -3) ` °�e Zoning Map F24,15 235 E71114�1 R co L 0 go IF I D co E� to [3] "t j333 Li C d 0 N to Ell ❑ D01 ---- — ------ ID �:l E+ r E: L 383 co El GRANDVIEWAVE N CD L EL EF f7 i E§��i co "t 04 C d 0 N to Ell —ca D01 Li ID �:l E+ r E: El 1� El E i py L Ln u L L 0 Li L L u 2 D i �Ct Li n Eil L -1 LO 1 1 :-IrE i - - t 4 SERVICE RD \ N Lij Li I f0l 0 L R FAOF L 1 � 1 - 7 L SHERRENAVE ul fl u Li 7 ry < co CJ !77 L f.0 [: If -1 =4 CD i�� I co "t 04 C d 0 N to Ell —ca D01 tjEl El: El 1� El E i py L Ln u L L 0 Li L L u 2291 -4 CJ Ctl S2' N co �yq C) 1 (D co— (D C) 0 09 —ca D01 tjEl El: El 1� El E i py L Li u rl L7 'ol LAURIE /Auufcaa ivica co CD E!j 2 (0 0 C) 1 (0 0 0 moll 0 9 09 24W D01 tjEl El: El 1� El E i py L LAURIE /Auufcaa ivica achment 5 ❑ Li GERVAIS AVE - � Lo Ll Att 2 �cllj 09 24W D01 achment 5 ❑ Li GERVAIS AVE - � Lo Attachment 6 HAZELWOOD STREET Ko >0 o 9: r rn C) *:a 0 -1 0(p 0 ril o -0 K r - rTI z o n o R-1-S-B-I-E I II a 01 l 11 t 15-0• PARKING 5ETBACK - - - -7811 Bill sioN0 smk - - - -- - - - - - - - - - - - - IN IV rn rn �; �~ IQ 1 o n o R-1-S-B-I-E I II a 01 l 11 t Nlyr Foit A R C H I T E C T S COMFOR'T'S OF HOME H ill 4 p o m ° PLCWtC0. 1A MNtinYn GRADING & EROSION CONTROL P PLANNERS f ENONEERS f SUREYORS o d N FRISBIE ARCHITECTS, INC. { � �� 2�5 NCRTH S6CON0 SiRtt , SUiiE 2C4 P 'bA.1.S WI Srt�22 __ -"� 3 Sim 3) 51 3 � �i9�'9:.5 z 0 --i - 71 0 0 Cf) C: 0 z F ry Ilk, F H. 9 5 0 z fi x z NR- 4 - - - - ---- ----- -- -- ----- -- - - z 0 --i - 71 0 0 Cf) C: 0 z COMFORTS OF HOME James R. Hill, Inc NANNERS END UTILITY PLAN NEERS f SURVEYORS .......... FRISBIE ARCHITECTS, INC. F H. fi x z NR- 4 k gA 5 5 COMFORTS OF HOME James R. Hill, Inc NANNERS END UTILITY PLAN NEERS f SURVEYORS .......... FRISBIE ARCHITECTS, INC. 0S se F-1 ac 2 p A 0 4 oN Z 7 COMFORTS OF HOME MA-- —1-1 TREE PRESERVATION LANDSCAPE PLAN James R. Hill, Inc PLANNERS ENGINEERS SURVEYORS !� I!BIE ARCHITECTS, INC . —D SMEET. 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F7 o (DAN. rdl ----- - . .. ... ... .. .. . N 11 7 lol lit" V n- . €u; a 4 ------------ n ! 1 101 R - I• S• B• I A R C H I T E C T S Attachment 13 Minnesota Department of Transportation Metropolitan Distr Op Waters Edge 15OO West County Road B-2 Roseville k4N55113-3174 May 8, 2006 k Mr, Ken Roberts M � - Map\onxxxd Community Development City ofMaplewood l83U Country Road B East Maplewood, MN 55109 Subject: Comforts oKHome Minnesota Department oI Transportation (MnD}OT) Review #SU8-848 Southeast quadrant of Trunk Highway (TB)36 and Hazelwood StTect City of Maplewood/Ramsey County Mn/DOT Control Section #62ll Dear Mr. Roberts: Thank you for the opportunity to review the above-referenced site plan. Mn/DOT Metro DistTict has reviewed the plan, and has the following comments: Transportation System Improvements: Trunk Highway 36is included tn the Mz/I>{)T Metro District %OO8-2V3O Transportation System Plan (TSP). The performance based analysis conducted for the I`Sy indicates 'that additional lanes are currently needed moTB36. The long term plan ia ho convert 7H30tma freeway iu this area. But, since i1iaa fiscally constrained plan, funding for the widening nf TH 3h has not been identified within the 7SP time frame. Wlien the widening of TH 36 does take place, the TH 36 access at Hazelwood Street will be closed. In addition, the issue of the pedestrian crossing at Hazelwood Street will need tubeaddressed. Bridge replacement projects cnuyheoornp|etcdduring1he2O0Q-2O30 time period. For questions oo these points, please call Marc Goeoa.Mu/DDTMetro District North Area Engineer, at(05])582-l3D\. w Any use ofnrvork within m« affecting Mn/DOT right ofway requires uocrolit. Permit forms are available tromMnDOT`autility weboite at . Please direct any questions regarding permit requirements 10 Buck Craig (05l`5b2-|447)ofMnD[)7r`u Metro Permits Section. Noise: * policy is to assist local governments in promoting compatibility between land use and highways. Residential uses located adjacen to highways often result in complaints about traffic noise. An equal opportunity employer Traffic noise from this highway could exceed noise standards established by the Minnesota Pollution Control Agency (MPCA), the U.S. Department of Housing and Urban Development, and the U.S. Department of Transportation. Minnesota Rule 7030.0030 states that municipalities are responsible for taking all reasonable measures to prevent land use activities listed in the MPCA's Noise Area Classification (NAC) where the establishment of the land use would result in violations of established noise standards. Mn/DOT policy regarding development adjacent to existing highways prohibits the expenditure of highway funds for noise mitigation measures in such areas. The project proposer should assess the noise situation and take the action deemed necessary to minimize the impact of any highway noise. If you have any questions regarding Mn/DOT's noise policy please contact Peter Wasko in our Design section at (651) 582 - 1293. State Aid Roadway: As a reminder, Hazelwood Street is Municipal State Aid (MSA) Roadway Route 112. Any work on a MSA route must meet State Aid rules and policies. Also, the City must review any changes to its MSA Roadway system so that they stay within its system limitations. Please note that MSA 112 is Ramsey County's jurisdiction and the County must have the opportunity to review and comment on the development as well. You may obtain additional information regarding State Aid rules and policies in any of the following ways: http://www.dot,state.m.n.us/stateaidi shows or has links to the applicable forms and the Mn/DOT State Aid Manual. ➢ Refer to the Mn/DOT State Aid Manual, Chapter 5-892.200 for information regarding standards and policies. > Please go to httn://www.revisgE.le state.mn.us/arule/8820/ for information regarding ttp: / /www.revisgr.le .state.mn Aid Operations Rules Chapter 8820. ➢ For driveway standards, the designer is directed to refer to the Mn/DOT Road Design Manual (English) Table 5-3.04A and Figure 5-3.04A for guidance and policies. Please contact Jim Deeny in our State Aid section at (651) 582-1389 with any additional questions. As a reminder, please address all initial future correspondence for development activity such as plats and site plans to: Development Review Coordinator Mn/DOT - Metro Division Waters Edge 1500 West County Road B-2 Roseville, Minnesota 55113 Mn/DOT document submittal guidelines require three (3) complete copies of plats and two (2) copies of other review documents including site plans. Failure to provide three (3) copies of a plat and/or two (2) copies of other review documents will make a submittal incomplete and delay Mn/DOT's 30-day review and response process to development proposals. We appreciate your anticipated cooperation in providing the necessary number of copies, as this will prevent us from having to delay and/or return incomplete submittals. If you have any questions, please feel free to contact me at 651-582-1548. Sincerely, "0— Mary McNeff Transportation Planner cc* David Claypool, Ramsey County Surveyor, Arden Hills, MN Dan Soler, Ramsey County Traffic Engineer, Arden Hills, MN Troy D. Livgard, James R. Hill, Inc. Burnsville, MN Mark Paschke, Frisbie Architects, River Falls, WI Attachment 14 En2ineerinp, Plan Review PROJECT: Comforts of Home PROJECT NO: 06-06 REVIEWED BY: Michael Thompson, Maplewood Engineering Department DATE: 05-11-06 (Amended 4-25-06 Comments Reflecting Latest Plan Submittal) The developer is requesting City approval to redevelop two lots located on the southeast comer of Highway 36 and Hazelwood. The developer shall make the changes to the plans and site as noted below and shall address the concerns listed below. Drainage & Storm Water Treatment 1. Soil boring information in the approximate location of the proposed infiltration basin shall be submitted. Landscape I . On the sheet titled "Final Erosion & Sediment Control Plan" under the Permanent Erosion & Sediment Control Methods paragraph there is information for pond seed and mulch. This information should be shown on the landscape plan sheet in order for the contractor to clearly distinguish the required permanent turf establishment for the basin and garden area. Coordination with the City's naturalist for plantings in the garden and infiltration basin is recommended at the time of permanent establishment. Utilities 1. Submit plans to Saint Paul Regional Water Services (SPRWS) located at 1900 Rice St, 2nd Floor for their review and approval. 2. Plans shall conform to any conditions generated by staff at Ramsey-Washington Metro Watershed District. Miscellaneous This assisted living facility is for those in need to specialized care and traffic would mainly reflect employee trips. This type of facility should see little in the way of traffic as compared to a two story office building as presented to the planning commission by Shann Finwall with information provided by Thomas Sohrweide of S.E.H., Manager Traffic Engineering Services. 2. The revised plan now shows berming and 25 trees to be planted along the north side and northwest comer of the development addressing earlier comments by the city related to noise mitigation. Other requirements may still be required. 3. A maintenance agreement for the infiltration basin will be required and must be signed prior to approval of plans. The developer shall have responsibility for the long term operation and maintenance of the basin. Please make this change on the sheet titled Final Erosion & Sediment Control Plan under the responsibility requirements paragraph. 4. The developer shall ensure that all construction activities conform to Maplewood's standards by entering into a Development Agreement with the city. As Mr. Ahl discussed in the Planning Commission meeting, Hazelwood Street is scheduled for improvements in 2009. After recent staff discussion, the sidewalk construction should not occur at this time rather an escrow taken for the cost of the sidewalk from the developer. This will be in the developer agreement. The concern is that the City, at this time, does not know the exact street alignment, width, or drainage improvements needed on Hazelwood Street until a feasibility study is completed. So there is a possibility the sidewalk would be tom out to match up with the future improvements. 2 Attachment 15 COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION WHEREAS, Maplewood Comforts of Home, LLC, applied for a change to the city's land use plan from Business Commercial (BC) to High Multiple- Dwelling Residential (R -3H). WHEREAS, this change applies to the property at 2300 and 2310 Hazelwood Street in Maplewood, Minnesota. WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36 -118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this change is as follows: On May 1, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use amendment. 2. On May 22, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described change for the following reasons: This site is proper for and consistent with the city's policies for high- density residential use. This includes: a) Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single- family housing, public- assisted housing and low- to moderate- income housing, and rental and owner - occupied housing. b) Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. C) The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. d) The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. e) It is located off an arterial street, on a collector. f) It is located near a park, open space, and wetlands. The Maplewood City Council adopted this resolution on May 22, 2006. 04 Attachment 16 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Maplewood Comforts of Home, LLC, applied for a conditional use permit for a planned unit development to construct a 42 -unit, assisted living and memory care, facility within the Business Commercial zoning district for a development known as Comforts of Home. Street. WHEREAS, this permit applies to the properties at 2300 and 2310 Hazelwood WHEREAS, the legal description for the two lots is: Parcel A: The North 200 feet of that portion of Lot 9, E.G. Roger's Garden Lots lying Southerly of the right of way of S.T.H. No. 36 -118. Except that portion of the above described tract conveyed to the Village of Maplewood by Quit Claim Deed recorded May 21, 1981 as Document Number 1798958, Ramsey County, Minnesota. Parcel B: Lot 9, lying South of centerline of Highway 36 except the North 312.5 feet thereof, E.G. Roger's Garden Lots, subject to a road. WHEREAS, the history of this conditional use permit is as follows: On May 1, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the comprehensive land use amendment. 2. On May 22, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 11, 2006, engineering plan review. 2. All construction shall follow the plans date - stamped March 27, 2006, and with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. 3. The applicant must provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. 4. The project is approved with a parking reduction of 59 parking spaces (84 parking spaces are required per city code, 25 parking spaces proposed). 5. The project is approved with a 359 square foot floor area reduction in the required unit floor area (580 square foot units are required per city code, 221 to 360 square foot units are proposed). 6. The project is approved with a 0.5 -foot parking space width reduction (9.5 foot wide parking spaces are required per city code, 9 -foot wide parking spaces are proposed). 7. All signs on the property must be approved by the community design review board. 8. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. 9. The city council shall review this permit in one year. The Maplewood City Council approved this resolution on May 22, 2006. 09 I_ UT i�VA MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, MAY 1, 2006 V. PUBLIC HEARING a. Comforts of Home Senior Housing (2300 and 2310 Hazelwood Street) (7:08 —8:06 p.m.) Ms. Finwall said Mathew Frisbie of Frisbie Architects, Inc., representing Comforts of Home, LLC, is proposing to redevelop two lots located on the southeast corner of Highway 36 and Hazelwood Street (2300 and 2310 Hazelwood Street). The two lots currently contain the vacant Auto Glass Specialists store and an electrical contractor's office. The proposed use will be a 42 -unit, two - story, assisted living facility. The facility will also include memory care, respite care, and a hospice facility with 24 -hour, on -site homecare staff. On January 3, 2006, the planning commission reviewed concept plans for the Comforts of Home development. During the meeting items discussed and areas of concern included: Highway 36 improvements, noise and parking. There are currently two Comforts of Home facilities operating in the Twin City Metropolitan area, Blaine and Hugo. In summary, Comforts of Home is an assisted living and memory care /Alzheimer community designed to assist those needing mild to high levels of personal care. The facility will have 42 private suites, a large kitchen, group dining/living/activity areas, and a beauty shop. Each suite has a private bathroom and a separate bedroom /living area. Some of the units would have kitchenettes. The facility has 24 -hour, on -site home care and nursing staff. The facility will provide the residents' meals, housekeeping, and laundry service. Commissioner Hess asked about the condition of Hazelwood Street and when it would be repaired? Chuck Ahl, Maplewood Public Works Director said Hazelwood Street is on the state aid system, it is a city street, however it has a higher designation and the city receives gas tax funds supportive of that program. The state hasn't raised the state gas tax since 1988 so the community is way behind in the construction of streets. Hazelwood Street has been delayed a number of years. Hazelwood Street is now scheduled for reconstruction in 2010. This road is pretty busted up but it will be reconstructed and the benefiting property owners will pay for that based on the city policies because everyone shares in the cost of roadway reconstruction. Commissioner Hess asked if the end of Hazelwood Street is scheduled to be closed off with the expansion of Highway 36? Planning Commission -2- Minutes of 05 -01 -06 Mr. AN said there is no direct answer to that question because that is currently being negotiated. Many years ago Hazelwood Street used to extend across the freeway going north and south and it was a full intersection with Highway 36. In the early 1970's MnDOT closed that intersection and made that a right in and right out with a promise to the City of Maplewood to install an interchange at some point in the future. Unfortunately 30 years later MnDOT indicated they don't have the funds to put an interchange in for another 30 years. MnDOT's commitment to build an interchange is over 60 years from their original commitment. The city is in the process to negotiate with MnDOT that this should be put in the program. However, the city and the community have not focused on whether they want an interchange here or not so a final decision has not been made yet from a public safety standpoint. It is nice to connect the north and the south side. It may change the character of the neighborhood with more traffic on Hazelwood Street. It's not currently that kind of roadway where that would happen. The city is in the process of looking at the issues and whether or not there should be an interchange at English Street instead and not have the connection at Hazelwood Street. Based on his understanding of how MnDOT works and the access guidelines, that connection will probably be closed in the next 10 years. Commissioner Pearson said on the blue prints he noticed a 30 foot offset from Highway 36. He asked if that was the current easement or what part of that would be taken if Highway 36 would be expanded and how would that affect the parking for Comforts of Home? Mr. AN said the 30 foot offset is from the right of way line. The additional lane on Highway 36, if they reconstruct it, would simply add about 12 to 14 feet to the edge of the roadway. There is probably not a lot of right of way needed on Highway 36 so he would expect the 30 feet is more than adequate. Commissioner Pearson said this is limited parking and staff mentioned Lakewood Commons and the activities they hold. Lakewood Commons has several promotions throughout the year and have a lot of cars that park on Maryland Avenue on both sides. He gets a lot of cars from Lakewood Commons parked in his neighborhood. In previous discussions with the developer for Comforts of Home they stated they don't hold those types of events and would not have a parking shortage. He wondered if that parking space clause should be included in the conditions to protect the residents in the neighborhood. The parking issue could cause a serious parking problem if Comforts of Home were to hold the same type of events as Lakewood Commons. Ms. Finwall said she received a letter from a Maplewood resident regarding this proposal later than when the report was sent out. It was from Mr. Robert Carey, a property owner at 2291 Hazelwood Street. His concern was the parking situation and the wetlands. She assured the property owner that the people that would live at this assisted living home would not have their own vehicles. If there is a concern regarding the parking, that condition could be added to the list of conditions in the staff report. Acting Chairperson Trippler asked if parking would be allowed on Hazelwood Street? Mr. AN said he didn't believe Hazelwood Street was restricted parking at this point and time. Under reconstruction Hazelwood Street would likely be restricted. There may be some parking bays installed that would be part of the design conditions. In all cases there would be no overnight parking. Planning Commission -3- Minutes of 05 -01 -06 Acting Chairperson Trippler said on a facility of this size, if there were parking bays, how many cars would staff anticipate this area could accommodate? Mr. AN said in looking at the site plan it may accommodate a dozen parking bays. Acting Chairperson Trippler asked if staff thought there is enough space to consider proof of parking for this proposal? Mr. AN said looking at the site plan, the infiltration basins and some of the wetland characteristics, staff would say it would be difficult. When some of the right of way gets reconstructed on Highway 36, the parking lot could expand into the 30 foot area as proof of parking. However, looking at the site plan, proof of parking does not look too realistic. Commissioner Yarwood said staff indicated the city code does not deal directly with assisted living facilities or have an ordinance and he wondered if the city should consider an ordinance that deals more directly with these types of developments because they are somewhat unique. Ms. Finwall said the CDRB and PC are interested in reviewing the parking regulations which would include parking requirements for assisted living facilities. As far as other areas of an assisted living facility such as unit floor area, the city has only had 3 requests in the last 15 years for assisted living facilities so the city has not felt a real need to have an ordinance in that regard. Commissioner Pearson said he didn't see anything on the plans that represented a storm shelter or basement area or if there will be a basement, will it be serviced by an elevator? Ms. Finwall said she would like the applicant to speak further on this. She said there will be an elevator. Looking at the grading plan the southwest corner will be underground. Commissioner Pearson asked if the basement would be a finished area with seating for the residents or just an open basement area for people. Ms. Finwall said several of the suites are located in the basement area and there is a large hallway with no windows which could be a point of gathering for emergencies. However, the applicant could elaborate more on this subject. Commissioner Hess asked about the security and safety for these high level Alzheimer's patients and what keeps them from wandering out of the building and onto Highway 36? Ms. Finwall said the Maplewood Police Department reviewed this proposal and Lieutenant Michael Shortreed had concerns about that and wrote appropriate staffing should be available to assure that residents with Alzheimer's disease do not walk away from the facility, especially with Highway 36 located just north of the proposed facility. Acting Chairperson Trippler said under the noise section of the staff report it states there shall be a condition for a six to eight foot berm but in the conditions it only shows a four foot to six foot berm. Ms. Finwall said that was a staff error and would correct that in the staff report. Planning Commission -4- Minutes of 05 -01 -06 Acting Chairperson Trippler said he had concerns with the comment in the staff report that there would only be 3 staff members for 42 residents living at this proposed facility. Some patients would have Alzheimer's and with the proximity of Highway 36 and the possibility for a patient to wander outside this issue concerns him. He asked about the berm the city is requesting the applicant to build. It seems it may be difficult to construct an 8 foot berm with the location of the retention pond. Mr. AN said the city is asking for revised grading plans and site plans because the site needs to be reengineered. Michael Thompson, Maplewood Civil Engineer, discussed this with their site engineer and that doesn't seem to be a problem. Acting Chairperson Trippler asked about the unit floor area. The staff report shows the units would be 221 to 360 square feet in size. A room that is 221 square feet in size has the dimensions of 11 X 20 which seems awfully small. He asked if staff could comment on how common that is for assisted living space. Ms. Finwall said Lakewood Commons was also approved with a floor area reduction. These smaller units are sleeping units with a small bathroom. Acting Chairperson Trippler said the applicant is asking the city to authorize a 359 square foot floor area reduction in the required unit floor area as part of the PUD which is more than a 50% reduction in what the code requires and that seems very small to him. Ms. Finwall said if the city had a code that clearly addressed assisted living facilities, the city would want to look at the overall common area as well which is quite extensive in this proposal. There is a large living room, a lounge, a dining room, and an activity room and that should be taken into account. This would allow for privacy in their room but allows the resident to be active in the larger areas of the facility. Acting Chairperson Trippler would like staff to address the comments that came up regarding the people that were opposed to this project. The overriding theme in the staff report related to traffic concerns on Sherren Avenue. Mr. AN said the comments from the neighbors that were received were regarding potential traffic concerns on Sherren Avenue. It is staff's opinion that other than a stray vehicle that may be lost most cars would be driving to the assisted living facility to visit someone or it would be an employee driving to work so the traffic would be minimal. If something other than this assisted living facility was built here the traffic would be more of a concern and cause more vehicle trips as was stated in the staff report. Commissioner Dierich asked if there was any possibility this building could be turned into a nursing home at some point since this building would have a nursing home design? Ms. Finwall said a nursing home would be a conditional use permit in any zoning district so this would need some sort of an amendment to convert this building from an assisted living facility to a nursing home. Acting Chairperson Trippler asked the applicant to address the commission. Planning Commission -5- Minutes of 05 -01 -06 Mr. Mathew Frisbie, Frisbie Architects, 215 North 2 nd Street, River Falls, Wisconsin, addressed the commission. He said this building would be constructed with window and wall construction built according to the Minnesota building code and the noise standards they would be required to follow. The smaller unit size takes into account that this is governed by the state health department to determine the living size. It takes into account the bathroom, common spaces, dining and living space. The parking reduction is fairly equal to the other facilities they have in the Twin Cities. The memory care units are on the south side of the building in a self - contained wing of the building. The whole building is secure and there is an outdoor space for the memory care patients with a decorative fence around a portion of the exterior to allow the residents to step outside but in a secured enclosure. This assisted living facility gets reviewed by the state for their license to operate. Acting Chairperson Trippler asked staff to put the site plan on the screen that represents where the patio area would be for the memory care patients. Staff pointed out the patio area on the site plan. Mr. Frisbie said this is a smaller outside space to keep the residents fairly close to the building. The memory care patients do not have access to the whole building. Acting Chairperson Trippler asked what the size of the patio would be? Mr. Frisbie said the patio would be about 300 to 350 square feet in size. Acting Chairperson Trippler asked out of the 42 units how many of those units would be housed by Alzheimer patients? Ms. Wendy Fritz, Comforts of Home, 2340 East County Road J, White Bear Township, addressed the commission. She said there would be about 12 Alzheimer patients. Commissioner Yarwood asked if they expected the rest of the residents to be able to go outside for a walk or enjoy the outdoors as well? Ms. Fritz said the site is secured so the residents cannot freely exit the building on their own and the outdoor space is enclosed. The patients that do not have dementia have access to the outdoor space. Commissioner Qierich asked if staff could point out the portion of the building that would house the patients that need memory care? Commissioner Yarwood said sometimes when you go to visit loved ones you like to sit outside or take them for a walk. The outdoor space shown on the plan does not appear very large. Is there enough room for families to sit outdoors and enjoy the space together? It would be a good idea to have a sidewalk for family members to take their loved one for a walk as well. Ms. Fritz said if the family wants to take responsibility for their loved one while they go for a walk then sure, they can do that. Planning Commission -6- Minutes of 05 -01 -06 Mr. Frisbee said there are areas for the patients to step outside. He asked Beth to come forward and speak regarding this proposal. Ms. Beth Dace, representing Comforts of Home, 2340 East County Road J, White Bear Township, addressed the commission. She said many of the residents can't go outside and walk because of the higher levels of acuity they require. Some of their other locations make it easier for a family member to take their loved one outside. Comforts of Home in Blaine and Hugo have walking programs where they walk in the building and do things with the activity coordinators. They also offer an exercise program in some of the locations as well so walking is not too much of an issue. Because of the clientele and their special needs it is hard for many patients to go outside and walk. Commissioner Hess said it appeared the outdoor space on the north side would be facing the pond. He asked if there was a concrete apron and what the size of the patio space would be? Mr. Frisbee said that space would face east and be approximately 15 X 40. There is a decorative rail there and the space would overlook Knucklehead Lake. Commissioner Hess said that space seems very small for the number of residents proposed for this location. He asked if that could be enlarged? Mr. Frisbee said it is possible to enlarge the patio, however, that is the size that has been built at the other facilities. Acting Chairperson Trippler asked how many people could be comfortably accommodated in that area? Mr. Frisbee said at the Hudson, Wisconsin facility they can comfortably accommodate four tables with five people at a table. Commissioner Dierich said she had questions regarding the types of residents that would be living here. She is fairly familiar with assisted living and one of the issues she sees is having only six staff members with 42 residents. That seems sparse to her especially with the needs of hospice and Alzheimer's patients. Ms. Doce said Comforts of Home can bring more staff on board as needed. They also have an RN and an LPN on staff. Comforts of Home has more staff than most communities do. The staff members can go back and forth from the memory care area to the assisted living portion of the building. The residents of the assisted living portion of the building have a certain schedule and have a call button if they need assistance and don't require as much one on one care. She said Comforts of Home wants to give quality care to the residents and that is one thing they stand for. Commissioner Pearson asked if Comforts of Home could explain their emergency management plan for the patients? Planning Commission -7- Minutes of 05 -01 -06 Ms. Doce said Comforts of Home has an implemented weather plan and is stored in a book. They work directly with the fire department for emergencies and the caregivers close the blinds or curtains and the residents go to certain areas of their suites for safety. They also run emergency drills with staff and the residents. Some residents are moved to the inside of their bathroom for protection and other residents are assisted to the hallway area for protection. Last summer Comforts of Home in Blaine had to implement the storm plan during the storm that took place. Acting Chairperson Trippler said in attachment 1, paragraph 5, in the staff report it states familyis very important at Comforts of Home, we invite and encourage them to participate in activities and support groups. To him that statement is disconnected because on one hand Comforts of Home has stated they don't need as many parking spaces yet they are encouraging visitors and family members to visit where they could need more parking spaces. He asked for clarification. Ms. Fritz said Comforts of Home does not hold large events like some of the other assisted living facilities do so they would not need additional parking space. If that was a concern of the city Comforts of Home could shuttle people in from another location. Comforts of Home is so confident about the parking needs based on their parking history at their buildings that if the city would like to put an amendment in the conditions stating that fact that would be fine with them. Acting Chairperson Trippler asked on a typical day what kinds of social events would you have where you would encourage family members to participate in and how many family members would you anticipate having on a day -to -day basis. Ms. Doce said based on the experience at the Blaine location she would estimate four to five cars a day. During the day many family members are working. There are a few people that visit over lunch but otherwise most of their visitors come in the evening or on the weekend. Visitors are invited and encouraged to come for breakfast, lunch or dinner. The parking lot at the Blaine facility is never full. People are just busy so there isn't a lot of people that come all at once. Acting Chairperson Trippler asked how many residents there are at the Blaine location? Ms. Doce said they have 29 residents at the Blaine location. Acting Chairperson Trippler said the proposed Maplewood location would have 13 more people than the Blaine location so he would guess there wouldn't be a parking problem based on those statements made by representatives of Comforts of Home. Acting Chairperson Trippler asked if anybody in the audience wanted to address the commission regarding this proposal. Nobody in the audience came forward to speak. Acting Chairperson Trippler closed the public hearing. Planning Commission -8- Minutes of 05 -01 -06 Commissioner Dierich moved to approve the comprehensive land use plan from business commercial (BC) to high multiple dwelling residential (R -3H) for the properties at 2300 and 2310 Hazelwood Street. The city bases these changes on the following findings: a. This site is proper for and consistent with the city's policies for high- density residential use. This includes: 1) Having a variety of housing types for all types of residents, regardless of age, ethnic, racial, cultural or socioeconomic background. A diversity of housing types should include apartments, town houses, manufactured homes, single - family housing, public - assisted housing and low -to moderate- income housing, and rental and owner - occupied housing. 2) Promote a variety of housing types, costs and ownership options throughout the city. These are to meet the life -cycle needs of all income levels, those with special needs and nontraditional households. 3) The city will continue to provide dispersed locations for a diversity of housing styles, types and price ranges through its land use plan. 4) The city's long -term stability of its tax base depends upon its ability to attract and keep residents of all ages. To do so, the city must insure that a diverse mix of housing styles is available in each stage of the life cycle of housing needs. 5) It is located off an arterial street, on a collector. 6) It is located near a park, open space, and wetlands. Commissioner Dierich moved to approve the conditional use permit for a multiple dwelling planned unit development within the BC zoning district. Approval is subject to several conditions as outlined below: a. Have the engineering department approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's April 25, 2006, engineering plan review including, but not limited to, the installation of a six to eight foot high berm with evergreen tree plantings on the north side of the lot (adjacent Highway 36) and the construction of a six -foot wide sidewalk along the entire Hazelwood Street frontage. b. All construction shall follow the plans date - stamped March 27, 2006, with revisions as noted in this approval. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. C. The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. Planning Commission -9- Minutes of 05 -01 -06 d. The applicant must provide the city with verification that the assisted living facility will meet state noise standards. This can be accomplished through a study, testing or other documentation. If the noise on this site is a factor, then the applicant will have to construct the facility so it meets the standards. This may be done with thicker walls, heavier windows, requiring air conditioning or other sound - deadening construction methods. e. The project is approved with a parking reduction of 59 parking spaces (84 parking spaces are required per city code, 25 parking spaces proposed). f. The project is approved with a 359 square foot area reduction in the required unit floor area (580 square foot units are required per city code, 221 to 360 square foot units are proposed). g. All signs on the property must be approved by the community design review board. h. The proposed construction must be substantially started within one year of city council approval or the permit shall end. The city council may extend this deadline for one year. The city council shall review this permit in one year. Commissioner Yarwood seconded. Ayes — Dierich, Hess, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. This item goes to the CDRB on Tuesday, May 9, 2006, and to the city council on Monday, May 22, 2006. r, U �E:3 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 9, 2006 VI. DESIGN REVIEW a. Comforts of Home Assisted Living Facility — 2300/2310 Hazelwood Street Ms. Finwall said Mathew Frisbie of Frisbie Architects, Inc., representing Comforts of Home is proposing to redevelop two lots located on the southeast corner of Highway 36 and Hazelwood Street (2300 and 2310 Hazelwood Street). The two lots currently contain the vacant Auto Glass store and an electrical contractor's office. The proposed use on the 3.025 acre lot will be a 42 -unit, two- story, assisted living facility. The facility will also include memory care, respite care, and a hospice facility with 24 -hour, on -site homecare staff. The planning commission recommended approval of the comprehensive land use plan change and conditional use permit at their May 1, 2006, meeting. The community design review board should make a recommendation on the design elements of the project including architectural, site plan, landscaping, and lighting. Ms. Finwall distributed a revised grading and drainage plan to the CDRB that staff received on May 8, 2006. Chairperson Olson said she read there was neighborhood opposition to this proposal based on the potential traffic in the area which would require the city to upgrade Hazelwood Avenue. Staff said Hazelwood Avenue was to be upgraded in 2009, she asked if that road was already on the city's long range schedule for reconstruction or was it added to the construction schedule because of this proposal? Ms. Finwall said Hazelwood Avenue was on the city's road construction calendar to be reconstructed in 2009 before this proposal came forward. Chairperson Olson asked if the sidewalk for Comforts of Home would be deferred until 2009 because of the road improvement project? Ms. Finwall said the city's engineering department felt it best to have the developer submit an escrow for the sidewalk rather than build it right away. If the city required the developer to install the sidewalk now the city may find out it did not meet the design standards and the sidewalk would have to be removed and replaced in 2009. Chairperson Olson asked if that was correct then the road assessments would not be charged to the homeowners until 2009? Ms. Finwall said that's correct as proposed in the city's capital improvement plan. Community Design Review Board 2 Minutes 5 -09 -2006 Board member Shankar asked if there would be staff working in this facility such as dining staff? Ms. Finwall said there would be full time employees working at Comforts of Home. During the day there would be 5 to 6 employees and in the evening they would have about 3 employees. Board member Shankar asked if 25 parking stalls would be sufficient based on that count? Ms. Finwall said because none of the residents would have vehicles, the only parking that would be needed is for visitors and the employees. Comforts of Home said this type of parking has worked at their other locations and they are confident the parking would be sufficient for their needs at this site. The parking was discussed at length during the Planning Commission meeting on May 1, 2006. The parking reduction was included as part of the PUD which was reviewed and recommended for approval by the PC. Board member Shankar asked if the residents would be transported by a van? Where would the van park? Where would the van pick up the residents? He did not see a wide enough parking stall on the parking plan. Ms. Finwall said there is a drive aisle. In the event the transportation van picks the residents up they could park the van in front of the building. Board member Schurke asked staff about the recommendation to change the Colorado blue spruce plantings to Black hills spruce on the landscaping plan? He asked if Black hills spruce was native to Minnesota or what was the rationale for the change? Ms. Finwall said the experience in Maplewood has been that the Colorado blue spruce tree gets a fungus and doesn't last as long in Minnesota. Board member Schurke asked if the recommendation for the 6 to 8 foot high berm was primarily for noise mitigation from Highway 36? Ms. Finwall said the engineering department recommended the berm for noise mitigation, but it will also add a nice visual buffer from Highway 36 as well. Board member Schurke asked if the noise study or documentation had been done yet for this site? Ms. Finwall said that information would be required prior to issuance of a building permit. That information could come after the fact as well. The developer would also be using building materials that are for noise reduction such as thicker walls, windows, and insulation. Board member Hinzman asked about the revised grading and drainage plan and if that satisfied the staff's concern about the additional berm height along Highway 36? It appears some areas of the berm are only 3 feet in height. Ms. Finwall said the revised grading and drainage plan was received by staff on Monday, May 8, 2006, and staff has not had the opportunity to have the engineering department review this. Staff would have to verify that. Community Design Review Board 3 Minutes 5 -09 -2006 Chairperson Olson said she watched the broadcast of the Planning Commission meeting on Monday, May 1, 2006, and remembered there was quite a bit of discussion regarding the berm. She asked if that information was included in the packet? Ms. Finwall said the only thing that was included in the packet was the recommendation that the berm be 6 to 8 feet in height. Board member Schurke said that recommendation is shown in the staff report on page 10, item 2. b. Board member Schurke asked if Comforts of Home owns the island for Knuckle Head Lake? The applicant shook his head no that they do not own the island for Knuckle Head Lake. Chairperson Olson asked the applicant to address the board. Mr. Mathew Frisbie, Frisbie Architects, 215 North 2nd Street, Suite 204, River Falls, Wisconsin, addressed the board. Mr. Brian Winges, Owner of Comforts of Home, 2340 County Road J East, White Bear Township, addressed the board. Mr. Winges said Comforts of Home serves the needs of residents who need a lot of care. The residents would not be picked up and driven to a shopping center for example because these are people that need help with getting dressed, bathing, and sometimes assistance with eating. Family members may come and take their loved one to the doctor or out for the day, but that would be about it. The parking requirements are sufficient. Chairperson Olson asked if they would anticipate having gatherings such as a Mothers Day tea in the future? The reason she asked is because this would bring a lot of visitors and she wondered where those people would park. Mr. Winges said they do not hold large functions or parties at Comforts of Home facilities. The issue of gatherings and parking needs was addressed with the planning commission. They don't have the ability to have a large gathering here. The commons area is geared to a home- like setting; there is no large dining room or anything like that. People are welcome to visit their loved one anytime, Mothers Day, Christmas, or Thanksgiving but there is no large gatherings scheduled for people to come all on one day. This is a very acute population and it can be difficult to even get the residents mobile. Chairperson Olson asked how many employees there would be? Mr. Winges said they would have about 5 to 6 daytime employees and around 3 employees in the evening. They have what is called a universal employee where they do all the functions that are needed and move from one function to the other. They do not have a separate food staff, cleaning staff, and nursing staff. This allows them a sufficient number of employees that keep busy throughout the three shifts. Sometimes a manager stops in occasionally so that may be an additional car in the parking lot; otherwise the parking needs are very similar from location to location. Community Design Review Board 4 Minutes 5 -09 -2006 Chairperson Olson said that doesn't sound like many employees to care for 42 residents; especially depending on their care needs and only having 3 staff members at night. Mr. Winges said those numbers are actually above the industry average. Some facilities only have 1 staff member for 60 residents. Chairperson Olson asked if the meals would be cooked on site or delivered to the facility? Mr. Winges said the meals would be cooked on site; they try to have home cooked style meals. Chairperson Olson asked where delivery vehicles would be making deliveries? Mr. Mark Paschke, Frisbie Architects, addressed the board. He said the drop off area would be off of Hazelwood Avenue. There is a secondary exit directly off of the kitchen and that is where most of the deliveries would occur on site. There would be two food deliveries per week. There would also be a walk -in freezer and refrigerator which would allow for less food deliveries. Chairperson Olson asked if there would be a laundry pick up and delivery service? Mr. Winges said the laundry is done in -house for the residents by the employees so there would be no laundry deliveries. The cost of the laundry service is included in the monthly living expenses. Chairperson Olson said it sounds like there would be minimal delivery trucks coming to this facility. Mr. Winges said yes, that is correct and that is another reason the Comforts of Home have built in residential neighborhoods. They have always been concerned about traffic and things of that nature. They have designed the building with that in mind and that is the way the building is staffed. The laundry is done individually. Residents have their own sheets and their own clothes. The laundry is not all dumped together and washed together. It's done individually. Board member Shankar asked if there is an outdoor space in the back of the facility? Mr. Winges said yes. Board member Shankar said it appears there is a large grade drop there. He asked if they are concerned about that? Mr. Frisbee said there is a fence and guard rail system on both levels. Mr. Paschke said that is represented as A4 in the staff report and identifies the guard rail at both levels. Mr. Winges said the residents would go outside and sit down and enjoy the weather. They would not be outside walking or hiking so it is not a problem to have a gated sitting area. Community Design Review Board 5 Minutes 5 -09 -2006 Mr. Paschke said there is a third outdoor space on the front of the building on the south side for the memory care patients. Chairperson Olson asked if there is a separate locked area for the Alzheimer's patients or will their individual units be secured? Mr. Winges said there is a separate eating and activity area for the Alzheimer's patients. Depending on the number of memory or Alzheimer's patients they do have the ability to lock certain areas of the building. Board member Hinzman said this is a great looking facility and this is going to be a nice addition to this site. On the southeast corner of the building is a 30 -inch oak tree that is about 10 feet off the building site and is proposed to be eliminated. He asked if there would be a way to save that tree? Mr. Frisbee said he would have to look into that. They have adjusted the building to the south to meet other requirements but they will check into the proximity of the oak tree. If there is a way to shift the building to preserve the tree they will see what they can do. Chairperson Olson said in looking at the grading and erosion control plan she was wondering if they were proposing underground drainage from the rainwater garden into the wetland? Mr. Frisbee said typically with a rainwater garden it's for pretreatment of the storm water so they catch all the sediment and at some point there would be an overflow. They would then be allowed to overflow into the wetland area so they can take a look at that. Chairperson Olson asked if it would still be permeable? Mr. Frisbee said yes. Mr. Paschke said that would be addressed through the permit with the watershed district. They want the overflow spillway taken to the wetland basin to avoid any erosion of the hillside. Board member Hinzman said the 6 to 8 foot high berm appears to be very tight on the site plan. He asked what the thoughts were regarding the engineering recommendation for the 6 to 8 foot high berm? Mr. Paschke said they are working with the Maplewood City Engineer, Michael Thompson, regarding maximizing the berm where they can. With the addition of planting the trees, the steeper you get that berm the greater the risk you have of freezing your trees out. They are doing what they can to make that work. Board member Hinzman asked if they are cutting the site down much in this location? The reason he asked is if the site is lower than the berm could be lower. Mr. Frisbee said they are matching the elevations of Hazelwood Avenue so that blends in. Hazelwood Avenue is at 919 and slopes down to 918 at the parking lot and back up to 918.75 Community Design Review Board 6 Minutes 5 -09 -2006 at the first floor of the building. The northeast corner of the property has a few higher spots for a higher berm. Board member Schurke said he agrees with the comments made by Board member Hinzman that this is a very nicely designed proposal, he was happy to see such quality building materials being used. He said it appears the floor plan is flipped on the elevations. Mr. Paschke said the color rendering presented tonight is a project under construction in White Bear Lake. This plan is a mirror of the project being built in White Bear Lake so it is reversed on the plan. Chairperson Olson asked if they had building samples to show the board? Mr. Frisbee presented samples of some of the materials they would be using on this project while Mr. Paschke passed a colored board around to each of the board members representing their Hudson, Wisconsin building. Board member Schurke asked if the applicant was aware of the energy design assistance program for Xcel customers in Minnesota which they may qualify for. He said this program could save your facility a substantial amount of money. The utility rebates are based on the improvements on the buildings from an energy quality standpoint relative to a cash rebate from the utility. Perhaps the architect is already aware of this program. Mr. Frisbee said they have not been a part of that program for this proposal but he would have to take a closer look at this to see if this would qualify for it. Board member Schurke said the plans do not call out the R values for the building materials being used on this project and he asked about each of the R values. He said he noticed they are using CMU block construction. He asked if they had thought about using insulated concrete forms. That may be something to look into for the sound continuation potential for that kind of product he said. Another product that gets sound continuation is instructional insulated panel systems. Knowing there are sound issues that are being driven for residential issues he would have concerns about the aesthetics regarding the berm along Highway 36. He would like to see more of this building from Highway 36 because of the nice design features. He asked if the owner thought how the building could be converted to another use if there is no longer a market for this type of use? Mr. Paschke said the structure would be completely non - combustible construction which is the most restricted construction available. It is fully sprinklered. This type of facility allows clientele to age in place and if the care becomes more acute at some point the owner could upgrade their license and go with more of a skilled nursing facility. As far as changing the building to another residential occupancy that would be tied to the PUD and that would have to be reviewed by the city. Structurally it's an 1 -2 construction class. Fire resistant ratings and safety issues are of the utmost importance in this type of a facility, especially for residents that are unable to respond to emergency situations on their own. Mr. Winges said he works with developers who said this building could be converted to office condominiums. His understanding is that this building is adaptable, it would cost some money to change things, but it could be done. Mr. Winges said they have never had a problem with Community Design Review Board 7 Minutes 5 -09 -2006 filling rooms at any of their buildings. Their buildings fill up in a matter of months and they are very confident with the demand for this type of facility. Board member Schurke said he applauds the quality standard that they reach for with Comforts of Home. This stands out above a lot of other types of facilities he has toured. He said his mother is in this age bracket but she does not require this type of facility yet but this outranks any other buildings he has seen quality wise. Mr. Winges thanked him for his comments. Chairperson Olson agreed with the comments regarding the quality of the design. This building is going to fill up fast because there is a need for this type of housing. She did not notice a space dedicated for large muscle activities. Mr. Winges said there is not a lot of exercise going on because of the type of resident they care for. They don't have a need for a large exercise area. They do have daily activities which are held in the common areas. Chairperson Olson asked if a large part of their clientele use wheelchairs or walkers? Mr. Winges said there are a fair number that do. The mobility problem is not something you would find in a typical assisted living home such as Presbyterian Homes, Alterra or Sunrise. They are taking the elderly residents that those types of facilities won't accept but are not ready or don't need to move to a nursing home. He would welcome the CDRB to visit their locations to see what type of residents they care for and what their facilities look like. The residents do get light exercise. Chairperson Olson asked if there would be elevators in this facility. Mr. Winges said yes. Mr. Frisbee showed a building sample board to the board and said they would use a 40 -year architectural shingle, a Hardy cement plank siding painted with two colors along with white trim, reddish toned brick, and arts and crafts style lighting. Chairperson Olson said Alzheimer patients can be very clever and she asked if they anticipate residents trying to escape from the building? Mr. Winges said they have had a lot of experience with residents trying to escape the buildings. Comforts of Home has gotten pretty good at anticipating people trying to escape and keeping a close eye on those individuals. They do their best to design the building so that it's very difficult for the patients to get out. Staff does not have the man power to continually keep a resident from trying to leave the building. It's stated in the resident's lease that if they continue to leave the facility they will have to move to more of a lock down facility such as a nursing home. Board member Schurke asked if they could review the R values for the building materials they will be using for this facility. Community Design Review Board S Minutes 5 -09 -2006 Mr. Paschke said the walls would have R -19 walls with 6 -inch steel studs and 6- inches of batting insulation, 4 -inch veneer occurs at the cultured stone base that comes up 40 inches and gives a backing to apply the stone veneer, the brick sits on top of that, the roof is R -40, he wasn't sure of the E -value for the window. Mr. Frisbee said they would use Eagle windows which are high quality windows. He would have to check on the E -value of the window. MnDOT would have certain requirements on the side of the building facing Highway 36. Board member Schurke asked how the facility would be heated? Mr. Frisbee said there is a series of forced air units throughout the building, multiple zones, and a variety of smaller units rather than a larger package unit so they have more control over the buildings. The main floor has in -floor heat and forced air on the second floor and ventilation for the first floor. Board member Shankar asked if they would have one elevator as you would enter the building? Mr. Paschke said yes. Board member Shankar thought an elevator that is 3' X 6' is hardly enough room for a wheelchair to fit inside. Mr. Paschke said that is a gurney approved emergency sized elevator cab. Chairperson Olson asked what the emergency plan was for the residents in the second floor if there are no egress windows? Mr. Winges said typically he would have his operations person speak regarding the emergency plan but she was unable to attend the meeting tonight. The evacuation plan is run through the state since assisted living facilities are licensed through the State of Minnesota. They also coordinate things through the Fire Chief for emergencies as well. Board member Shankar asked if they would consider making the entire front curb handicapped zero curb rather than just a five foot section being zero curb? Mr. Frisbee said they could look at that with their civil engineer but when they get to a zero curb if the drainage for that area is not set correctly there can be ponding and icing but they could look into that. With a smaller curb cut they can control water and where it is directed a lot better. Board member Shankar said he brings the issue up because he is concerned about the resident's safety having a curb to step up or down from. He said it is safer to have a flat surface for them to walk up and off of. Mr. Frisbee said their Hudson, Wisconsin facility has four steps to enter the building so when there are deliveries at that location the people have to go up four steps to enter the building. At this facility he imagines delivery trucks would pull right up to the curb, take out their two Community Design Review Board 9 Minutes 5 -09 -2006 wheeler and make the delivery. The curb actually protects the building from vehicles that would get too close to the building itself with zero curb. Board member Schurke said he didn't notice this before but the trash enclosure doorway faces the line of traffic. He asked if they could rotate it to the north and west and have it open to the south and east. This could also help save an additional parking space. Board member Paschke said perhaps the city would accept that in lieu of having the berm? Board member Schurke said he would prefer not to see a continuous line of trees on the berm along Highway 36. The lesson he learned from a landscape architect was to plant things in an odd number and you never plant things in a straight line. Personally he thinks the Comforts of Home building is such a nice building design with quality building materials that it should be visible from Highway 36 and the landscaping berm should not be the detraction. He would prefer to have the building owner spend the money on building materials such as higher quality triple pane windows, wall systems and insulation to mitigate sound and give a better energy benefit rather than planting landscaping to use as a berm and help with freeway sound. This would also help reduce the energy cost as well. Basically if the recommendation for the berm is being driven for sound mitigation he would prefer building materials be used instead of requiring the berm. If the berm is being driven for another reason he would prefer to see the building from Highway 36 and others should be able to visually enjoy the building features. His landscape architect told him 75 feet of vegetation depth is needed to see a measurable drop in decibel level to make a difference. He lives close to the freeway and MnDOT recently put up the concrete barriers for safety. However, the freeway noise bounces off of the barriers and out to the neighboring homes making it louder than usual. He uses this as an example that certain things do not help with sound mitigation. Mr. Frisbee said on the north side of the building, directly off of Highway 36 there are no resident rooms that will open to that area so they are not going to be affected by the noise level. Board member Shankar said the finished floor elevation is 918 feet and Highway 36 is 928 feet so even if there is a 6 to 8 foot high berm you would still be 10 feet above it and see the grade along the building and see most of the building anyways. Mr. Winges said they have resident rooms along Highway 65 at their Blain location and they haven't had a complaint about the noise. His experience has been people enjoy living close to the freeway and looking out at the traffic. This building would be set back 140 feet from the property line too. Chairperson Olson said she feels this building has been very well thought out and designed and will be an asset to the community. She really likes the fact that this is a non - combustible building and she is impressed with the proposal. Board member Schurke said he isn't against the berm, he would just like to know that the berm is providing the qualities that the city is expecting of the berm from a sound buffering standpoint. If it is being required for sound reasons he would like the city to have proof that the berm is going to do what they would like the berm to do before the owner invests that kind of Community Design Review Board 10 Minutes 5 -09 -2006 money in planting the 6 to 8 foot high berm. If the berm is for aesthetics he would prefer to see the building from Highway 36 rather than looking at the trees. Chairperson Olson said she doesn't think the berm is going to help mitigate sound. Board member Shankar said the building is handsome and he thinks the berm will help with some of the sound, he is not sure how much of the sound though. The berm adds an aesthetic value to the property so he views the berm as a positive thing for both sound and aesthetic value to the property. Ms. Finwall said staff received the revised grading plan on Monday, May 8, 2006, and staff hopes the revised plans are okay with the engineering staff. Since the noise complaint at the St. Paul Pioneer Press facility located across Highway 36, staff has become more educated on noise mitigation. The PVC fence was installed to help with the noise at that location and the neighbors state the noise is worse. A berm or landscaping is a much better noise buffer compared to any type of fence. A wood fence is a better noise buffer compared to a PVC fence. Staff feels the berm and landscaping will have some effect, staff is just not sure how much of an effect it will have, but aesthetically and for noise mitigation it's a good design feature. Board member Schurke said given the community concerns he would recommend that the owner hold an open house as soon as possible to invite the neighborhood into the facility when it is complete and have staff available to answer questions relating to how you operate the facility. Mr. Winges said the construction workers on site have pamphlets to hand out to people if requested and the workers can walk curious visitors around the site. Board member Shankar moved to approve the plans date stamped March 27, 2006, for the 42- unit, two- story, assisted living facility (Comforts of Home) to be located at the southeast corner of Highway 36 and Hazelwood Street (currently 2300/2310 Hazelwood Street). Approval is subject to the applicant doing the following: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1) Revised grading and drainage plan which meets all requirements as spelled out in the April 25, 2006, engineer review, including the installation of a 6 to 8 foot high berm on the north and northwest side of the lot and the submittal of an escrow to cover the construction of a 6 -foot wide sidewalk along the entire frontage of Hazelwood Street. 2) Revised landscape plan showing the following: a) The Colorado blue spruce should be changed to black hills spruce. Community Design Review Board 11 Minutes 5 -09 -2006 b) The landscape plan should reflect the required 6 to 8 foot high berm. The berm should be planted with the black hills spruce on the sides and top. The trees should be planted 15 feet on center (approximately 20 to 25 trees). c) Plantings should be shown in the infiltration pond and rainwater garden. The plantings should include pre- approved native seed mixtures. d) The landscape area called out on the main floor plan in front of the entry canopies (sheet A2) should be reflected on the landscape plan. e) A planting bed should be included in the interior of the loop driveway (in between the driveway and the road). f) Two additional sugar maple trees should be planted along Hazelwood Street. g) All landscaping (excluding landscaping within the infiltration basin and rainwater garden) must be irrigated. The landscape plan must reflect the location of all required underground irrigation sprinkler heads. h) All disturbed areas must be re- established with turf. i) The applicant must take all means necessary to protect the large trees on the property during construction of the facility. 3) Revised lighting and photometrics plan which shows that the height of the freestanding lights do not exceed 25 feet (measured from ground grade to the top of the lumen). 4) Watershed district approval. 5) Building material samples. 6) The owner shall combine the two properties into one lot for tax identification purposes before the city issues a building permit. 7) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. C. The applicant shall complete the following before occupying the building 1 ) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3) Install all required landscaping and an in- ground lawn irrigation system for all landscaped areas. Community Design Review Board 12 Minutes 5 -09 -2006 4) Install all required outdoor lighting. 5) Install wetland buffer signs which indicate that no mowing, cutting, or building is permitted within the 25 -foot buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above - required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June 1 of the following year if occupancy of the building is in the fall or winter or within six weeks of occupancy of the building if occupancy is in the spring or summer. e. Signs are not approved with this design review approval. All signs must be approved by the community design review board before installation. f. All work shall follow the approved plans. The director of community development may approve minor changes. Chairperson Olson seconded. Ayes — Olson, Shankar, Schurke The motion passed. This item goes to the city council on May 22, 2006 •0_ 0 ,dII IT, Ii!ir,1Zvi TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Noise - Control Ordinance Amendment DATE: June 2, 2006 INTRODUCTION On May 8, 2006, the city council reviewed the proposed noise - control ordinance amendment and moved its first reading. Mayor Longrie directed staff to survey nearby communities to see how they regulate noise prior to second reading. Request Staff is requesting that the city council approve amendments to the noise - control ordinance which would provide clarification for enforcement purposes. Staff reviewed the noise ordinances of Roseville, Woodbury, Oakdale and White Bear Lake and compared them to Maplewood's proposed amendment. Staff found that the ordinances for these neighboring cities were very similar to Maplewood's amendment. These ordinances were reviewed by Chief Thomalla and his staff and they are comfortable with the language within the proposed amendment. Staff also looked at the benefit of applying maximum noise decibel limits. Staff feels that such restrictions would encumber the police staff with delays in response time due to having to use a noise - monitoring device for up to an hour per complaint. It would also hinder their ability to enforce noise problems that may not exceed the set limits. VA • r • Approve the proposed changes to the noise - control ordinance. p:com_dvpt \ord \noise ord summary second reading 6 06 TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Noise-Control Ordinance Amendment DATE: June 2, 2006 19 • On May 8, 2006, the city council reviewed the proposed noise-control ordinance amendment and moved its first reading. Mayor Longrie directed staff to survey nearby communities to see how they regulate noise prior to second reading. Request Staff is requesting that the city council approve amendments to the noise-control ordinance which would provide clarification for enforcement purposes. Review of Other Noise Ordinances Staff reviewed the noise-control ordinances of Roseville, Woodbury, White Bear Lake and Oakdale. These ordinances differ little from each other. They are all more specific than Maplewood's, however, in that they list specific examples of disturbing noises. For example, they list nuisances such as excessive horn honking, loud audio equipment and parties. Some of these also cite time limits for certain types of noise-generating activities like mini-bike/snowmobile use, refuse handling and the use of domestic power equipment. The noise-control ordinances for these four neighboring cities are attached for the council's review. The following is a comparison of the hours of noise-prohibition for construction activities: Maplewood 7 p.m. to 7 a.m. Monday through Saturday and all day Sunday Roseville 10 p.m. to 7 a.m. Monday through Friday and 9 p.m. to 9 a.m. weekends and holidays Woodbury 10 p.m. to 6 a.m. daily White Bear Lake 10 p.m. to 7 a.m. Monday through Friday and 9 p.m. to 9 a.m. weekends and holidays :*x':1.4! 7 p.m. to 7 a.m. Monday through Friday, 5 p.m. to 9 a.m. on Saturdays and all day Sundays and Holidays Chief Thomalla reviewed these ordinances with his staff. They feel satisfied with the language in our proposed ordinance amendment. The other ordinances use the same basic language for general noise restrictions as stated in Maplewood's ordinance. This is the main clause needed for general noise enforcement. The police staff didn't feel it was necessary to adjust our hours of noise prohibition. They felt that the hours noted in Maplewood's ordinance were appropriate and enforceable. Maximum Decibel Levels While reviewing this matter since the first reading, the question came up as to whether the city should consider applying maximum decibels for enforcement purposes. The thought was that by having maximum noise levels to apply to determine compliance or violation, it would make it more "cut and dry" for enforcement. It is true that with specific decibel levels to apply the city could make a call as to whether the nuisance noise is excessive according to those levels. The down side of this, however, is that there are types of troublesome noises that would not exceed the noise levels stated by the Minnesota Pollution Control Agency (PCA). These are noises like: the low constant drone of a neighbor's air conditioner, people talking outside in the late hours when voices "carry" or a radio playing that has excessive bass turned on producing an irritating "thump, thump, thump." Conversely, there are noises that typically occur that would exceed these decibel noise levels that are common and generally found to be acceptable and not a problem. These are sounds such as lawn mowing, snow blowing, leaf blowing and the use of power tools. Enforcement of Maximum Decibel Levels Applying decibel -level maximums is surely something the city council should consider in reviewing this noise control ordinance amendment. Staff, however, feels that it could be more of a hindrance than a benefit. This is because noise, based on the criteria stated by the PCA, is measured not just on a sound level, but also on a time or duration level. The PCA measures noise based on L10 and L50 measurements. L10 means a noise that exceeds permitted decibel limits for 10 percent of an hour (six minutes). L50 means a noise that exceeds permitted decibel limits for 50 percent of an hour (30 minutes). The downside here is twofold. First, city police officers would be kept at a complaint site for at least an hour while they monitored the noise with a meter. Second, applying decibel limits would not be useful for some noises as noted above like low- sounding, but annoying noises like people talking, radio -bass thumping or mechanical equipment air conditioning units or furnaces. There are also those occurrences of very loud, but permitted noisy activities like lawn mowing or leaf blowing which could, by default, become violations. With these examples in mind, Staff feels that the city is better off letting the ordinance rely on the hours of "noisy activities" suggested in the amendment rather than relying on 2 decibel and noise duration limits. Staff also checked with Brian Timerson, a noise division specialist with the MnPCA, for his opinion. Mr. Timerson concurred that applying noise decibel limits would be counterproductive for enforcing noise complaints. He said that an "audibility test," or by listening and making a judgment call on the problem noise, would be a better way to enforce most noise complaints. A Review of Maplewood's Current Noise- Ordinance Requirements Section 18 -111 of the city code, the noise- control ordinance, addresses noise issues in two ways. Refer to the attached ordinance. In summary, it states: Paragraph (a) • No person shall make disturbing noises that annoy others. This is always in force. • Exemption: City sponsored activities (for example, the Fourth of July fireworks) or activities where the city has issued a permit. • Noise is specifically prohibited between the hours of 7 p.m. and 7 a.m. Monday — Saturday and all day Sunday. These are considered to be times of particular concern for noise control. Paragraph (b) • The city manager may waive the requirement of noise limitations where a noisy activity would not cause a nuisance and where this activity would not be within 350 feet of a residential use. • The manager's decision may be appealed to the city council. • A waiver to be allowed to make noise closer than 350 feet to residential uses must be approved by the city council. Staff must notify these residential neighbors of the city council meeting. A Lack of Clarity The biggest problem with the current ordinance is its lack of clarity. The current code addresses the important aspects of noise control, but it was written somewhat unclear so it can be confusing and hard to interpret. The proposed ordinance amendment would: • Clarify that the excessive noise can be enforced anytime, not just during prohibited hours. • Exempt the use of necessary maintenance equipment like lawn mowers, power equipment and snow blowers. • Accept snow plowing or snow blowing as a necessary activity which may occur during evening hours. COMMITTEE ACTIONS April 17 The planning commission recommended approval Ofnoise'contn}- ordinance changes as shown in the attached amendment. IMINPUM Staff is recommending that the council adopt the proposed noise-control ordinance amendment as previously submitted. Staff found that the ordinances 0f the four neighboring cities were very similar tOK88p|evvoOd'6amendment. These ordinances, furthS[Dl0[H. were reviewed by Chi8fThODl8||@ and his staff and they are C0[Dhod@b|S with the language within the proposed amendment. Staff also looked at the benefit 0fapplying maximum noise decibel limits. Staff feels that such restrictions would encumber the police staff with delays in their response time due tO having tV use 8 noise-monitoring devise for Vpb}8n hour per complaint. |t would also hinder their ability to enforce noise problems that may not exceed the set limits. Approve the proposed changes tO the noise-control ordinance. om second reading 506 xuaoxmonm: 1 Noise-Control Ordinance Amendment z. Roseville Noise-Control Ordinance a. Woodbury Noise-Control Ordinance 4, vv»K* Bear Lake Noise-Control Ordinance n. Oakdale Noise-Control Ordinance. 4 Attachment 1 The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. Section 18 -111. Prohibition generally; exception. (additions are underlined and deletions are crossed out): (a) At no time shall any No person shag make or cause to be made any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or welfare of any person or precludes such person's enjoyment of property or affects such person's property values. if the event or activity is sponsored by the city or is authorized and has a permit for such activity issued by the city this prohibition does not apply. The Th i& general noise prohibition stated above shall always be in effect, however, any excessive noise during the following hours of noise prohibition shall be strictly enforced. is no limited by the specific restriction of subsection Lb`, of this sec i ^n. There shall be no excessive noise or disturbance Any violation of this general prohibiti between the hours of 7:00 p.m. and 7 a.m. Monday through Saturday and all day Sunday is a per se violation of this div These hours of noise prohibition apply to construction business institutional and residential activities. (b) Exceptions. 1) This ordinance allows the following types of noise - generating_ activities that are necessary and typically occur in all parts of the city during daylight hours, but not before 7 a.m.: lawn mowing, the use of landscape - maintenance equipment, power tools, etc. All forms of snow clearing may be permitted anytime due to necessity. 2) If there is an event or activity that is sponsored by the city, or a party has a permit for a noise-generating_ activity issued by the city, the prohibition noted in paragraph (a) does not apply. (c) Repetitive or continual noises, that may not be audibly loud, may be equally disturbing. Such noises shall also be prohibited. (d) The city manager may waive the requirement in subsection (a) of this section where the activity would not cause a nuisance and where the proposed activity would not be within 350 feet of a residential use. The city manager's decision may be appealed to the city council. n waiver within 350 feet of a residential use m, pct be approved by the city council. If an appeal is filed, the The property owners within 350 feet of the proposed activity shall be notified of the waiver request at least ten days before the council meeting. A list of the property owners, certified by an abstract company or the county abstract office, shall be submitted with the waiver request. Section 2. Section 18 -112. Construction activities. All construction activities, including the use of any kind of electric, diesel or gas - powered machine or other equipment, shall be subject to this division. A copy of this division shall be attached to each construction permit issued by the city. The applicant for the permit shall be required to sign the copy, acknowledging that he has read and understood it, before a permit can be released. Section 3. Section 18 -113. Enforcement. (a) Police department authority. The police department shall enforce this division. The police department may inspect private premises other than private residences and shall make all reasonable efforts to prevent violations of this division. (b) Civil remedies. This division may be enforced by injunction, action for abatement or other appropriate civil remedy. (c) Noise impact statements. The council may require any person applying for a change in zoning classification or a permit or license for any structure, operation, process, installation or alteration or project that may be considered a potential noise source to submit a noise impact statement on a form prescribed by the council. It shall evaluate each such statement and take the evaluation into account in approving or disapproving the license or permit applied for or the zoning change requested. (d) Criminal penalties. Every person who violates any section of this division is guilty of a misdemeanor and shall, upon conviction, be in accordance with section 1 -15. Each act of violation and each day a violation occurs or continues constitutes a separate offense. Section 4. This ordinance shall take effect after publishing in the official newspaper. .• - ••• • ,•• • -• • • - • il• Attest: City Clerk M �- 0 At 2' C HAPTER 405 NOISE C ON T ROL 8 405.04: NOISE VARIANCES: Any person may apple to the City Council fora parlance from the requiremenis ofathis _ Chapter prier to doing those acts, The applicant shall provide a certified list orproper � owners o illun three hundred iiia, feel t io') f the sftetsj �Nhere the ac nN ON is ro awcor The Council procedure for public hearings shall be asset forth in Chapter 108 of this Code. For good cause shown, the City Council may in its sale discretion, elflier grant or deriv the - anarice, I fthe variance is granted, flje CounciI may impose re sortable conditions to it (Or. I17311-15-19%) 405.0-5: ENFORCEM ENT AND IM PACTSTAT E TS: Civil Remedies: In addition to criminal penalties. this Chapter may be ettf rcetl he injunction. action for abatement or other appropriate civil remedies; R Eloise ImpactStatements-. The City Council may require any person applying for a chaw!e in car irt_v classific,--ttion_ permit r Iseense for f y structure, operas ll, process. installation. alteration or project that may be considered a potential noise source to suhttilt a noise impact statement. The C"ttv Council shall e�aluate each such statement and take its evaluation into account in approving or disapproving the license or per if applied for or the /onit p change requested. (Orel 1)22 6-3'0-19&;t 199', Code) Chapter 13 MISCELLANEOUS PROVISIONS AND FFENSE fade I of, 10 �ttachipert 3 Chapter 13 MISCELLANEOUS PROVISIONS AND OFFENSES Sec. 13-1. Noise. (a) Intent, The purpose of this chapter is to protect and promote the public health, safety and general welfare by restricting activities which emit noise that unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, safety or,, welfare of any person or persons, or precludes their enjoyment of property, or adversely affects their property's value person is guilty of violating this section if that person's actions: (1) Cause a reasonable person or reasonable persons to be annoyed; disturbed; or injured; or {} Endanger a reasonable personas or reasonable persons' comfort, repose, health,, peace safety or welfare;or lj preclude a reasonable person or reasonable persons from the enjoyment of their property; or tot Adversely affect a reasonable person's or reasonable persons' property value. (b) General prohibition.' ' No person shall make or cause to be made any 'distinctly and loudly audible noise that unreasonably annoys, disturbs, injures or ,endangers the comfort, repose, health: peace, safety or welfare of a reasonable person or reasonable persons, or precludes their enjoyment of 'property, or adversely affects their property's value. This general prohibition, is not limited by the specific prohibitions contained in the following section. lct Noises specifically prohibited, The noises and acts set forth to the following subdivisions are declared to be prohibited noises in violation of this section, but said enumeration shall not be deemed to be exclusive (1) horns, signaling devices, etc. No person shall sound any horn or signaling device on any vehicle, except as e warning of danger, as ,required by Minn Stat. section 169.68. ( ) Radios, phonographs, paging systems, etc: leo person shall'' use or operate, or permit the use or operation of any electronic sound system or audio equipment including, but not limited to, any compact disc player, cassette»tape player, AM -FM radio, citizen band radio, paging system, musical instrument, phonograph, or any other devise designed for the production or reproduction of sound, to a distinctly and loudly audible manner as to unreasonably disturb the peace, quiet, and comfort of o reasonable person orreasonable persons nearby; a. It shall be presumed that a violation of this section has occurred when any electronic sound' system or audio equipment is operated in a manner in whiO it is plainly audible, at a distance of fifty (bgl feet or more, between the hours of 10,00 p.m. and :00 a.m. It shall be presumed that a violation of this section hes occurred when any electronic sound or audio equipment is operated in a manner in which it is plainly audible, at a distance of one hundred 'j100) feet or more between the hours of 6'00 a.m. and 10000 p.m. b. When noise violating this section is produced by an electronic sound' system or audio equipment that is located in or on a vehicle, the driver of the vehicle and the person who owns or is in control of the vehicle is guilty of the violation. c This section shall not apply to sound produced by the following;, dp1 library,, unicoadc tai/frac /t oc "icw/t 1731/tl '?Iiilitc onstructioan�.constnictions;ta SAal2006 1 Chapter 13MISCF11ANEOUS PROVISIONS AND OFFENSU'S Page 2 of 10 1. Amplifying equipment used in connection with activities which are authorized, sponsored or permitted by the city, so long as the activity is conducted pursuant to the conditions of the license, permit or contract authorizing such activity: 2. Church bells, chimes or carillons. school bells, or emergency civil defense warning signals, 3. Anti -theft devices-, 4. Machines or devices for the production of sound on or in authorized emergency vehicles. (3) Loud speakers, amplifiers for advertising. No person shall operate or permit the use or operation of any electronic sound system, audio equipment, loudspeaker, sound amplifier, or any other device for the production or reproduction of sound on a street or other public place for the purpose of commercial advertising or attracting the attention of the public to any commercial establishment or vehicle. (4) Exhausts. No person shall discharge or permit the discharge of the exhaust of any steam engine, stationary internal combustion engine, motor boat, motor vehicle, or snowmobile except through a» muffler or other device which effectively prevents loud or explosive noises which complies with all applicable state laws and regulations, (5) No person shall engage in the following activities between the hours of 1&00 p m. and &00 a.m. daily. a. Construction, installation and maintenance of utility and street projects', b. Operation of tools and domestic maintenance equipment powered by external air compressors or internal combustion engines including, but not timited to, use of lawn mowers, her clippers, chain saws, mulchers, garden tillers, edgers or other similar domestic power maintenance equipment. Snow removal and street sweeping equipment are exempt from this provisiom, c. Repair and servicing of vehicles or other equipment where the noise from that activity is audible beyond the property lines on which the repair or servicing is being conducted, d. Extehor construction, remodeling, repair or maintenance of structures-, e, Exceptions. The performance of city or state authorized, sponsored or licensed work to preserve the public health, safety or welfare, or in the performance of work necessary to restore public service or eliminate a public hazard shalt be exempt from the restrictions of this section, Any person responsible for such work shall take all reasonable actions to minimize the amount of noise, (6) Noisy parties and gatherings, No person shall permit or participate in any party or gathering of people, on public or private property, giving rise to noise, unreasonably disturbing the peace, quiet or report of a reasonable person or reasonable persons. It shall be presumed that a violation of this section has occurred when any noise from a gathering is plainly audible, at a distance of fifty (50) feet or more, between the hours of 10:00 p -m, and 6-00 a.m. a. When a police officer has probable cause that a violation of this section has occurred, the officer may order all persons present, other than the owner or tenant of the premises, to disperse and leave the premises immediately, It shall be a violation of this section for any person to refuse to leave after being so ordered by the police officer{ hbp,81ibrary4,municode con)/mcc/DocView/1 1731/l/80''hilite--cotistructio-n;coast ructions,n 5/9/2000 11 Chapter 13 MISCELI-ANLOUS PROVISIONS AND OFFENSES Paue 3 of' 10 b, Exceptions. The following are exempt from violation of this section. 1. Activities which are duly authorized, sponsored or licensed by the city, so long as the activity is conducted pursuant to the co nditionsi of the license, permit or contract authorizing such activity; 2. Persons who have gone to a party for the sole purpose of abating the violation" 3, Snow removal or other owner authorized activity that will improve the safety of residents, (d) Penalty provision. Any person who shall do or commit any act that is forbidden by the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed seven hundred dollars ($700.00) or imprisonment for a period not to exceed ninety (90) days, or both, (Code 1985„ § 1205 06; Ord, No, 1715, 3-28-2001) State law references: Municipal authorrty to prevent noise, M,S. § 412221, sub& 24, Sec. 13-2. Indecent conduct. No person, in any public place, or in any place where others are present, shall do any of the following: (1) Wilfully and lewdly expose his/her person or private parts thereof, or (2) Procure another person to so expose themself; or (3) Commit any open or gross lewdness or lascivious behavior to any public indecency (Code 1985, § 1205,08) State law references: Municipal authority to prevent lewd conduct, M.S. § 412.221, subd, 26. Sec. 13-3. Interference with privacy. Any person who gazes, stares or peeps in the window of a house or place ofd elling of another with intent to intrude upon or interfere with the privacy of a member of the household is guilty of interference with privacy. State law references: Interference with privacy, M,S, § 609,746, Sec. 134. Curfew for minors. (a) Findings and purpose. (1) In recent years, there has been a significant increase in juvenile victimization and crime. At the same time, the crimes committed by and against juveniles have become more violent, A significant percentage of juvenile crime occurs during curfew hours, (2) Because of their lack of maturity and experience, juveniles are particularly susceptible to becoming victims of older perpetrators- The younger a person is, the more likely he or she is to be victim of chme. (3) While parents have the primary responsibility to provide for the safety and welfare of juveniles, Woodbury also has a substantial interest in the safely and welfare of juveniles, blip-Milbrary4i,muni code corig/mc c/DooView/I 173 I/l/80'hilite-const ruction,,constrtictionsyn, 5f9/? -()06 Atf.a&ment 701071 POLICE REGULATIONS S701070 S703.070 MISCELLANEOUS OFFENSES~ EXCESSIVE NOISE, -4 V' 1,6 4 Subd. 1, Definitions, A. General} Words and phrases defined in this 'section have, when used in this ordinance, the meanings given below, Any other word or phrase used in this ordinance, and defined in Pules NPC 1, 2 and 4 of the Minnesota Pollution Control Agency, has; the meaning givers' in those rules. B. Person. Means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect' to acts prohibited or required herein, "person" shall include employees and licensees. Subd. 2. lReceivirnq Land use Standards:. A. Maximum Noise Levels V eivin Land U Districts. No person shall operate or cause OF permit to be operated any source of noise in such a manner as to create a noise level exceeding the limits established in the rules promulgated by the Minnesota Polt:ution Control agency, except for household unit(s) on property zoned for other than residential uses, shalt be classified as Noise Area Classification 2. The Minnesota Pollution Control Agency, NPC -2 Noise Standards, in force and in effect on June 14, 1983, and as they may be hereinafter amended, are hereby adopted by reference and 'incorporated herein, (clef. Ord. No. 865, 4192.) B. Exemptions. The levels prescribed in subparagraph 1 do not apply to noise originating on public` streets and alleys but such noise shall be subject to all other applicable sections of this ordinance, Subd. 3. Noises Prohibited. A. General Prohibition. filo person shall male or cause to be rnade any distinctly and loudly audible noise that unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health, peace„ safety, or welfare of any person or precludes their enjoyment of property or affects their property's value. This general prohibition is not limited by the specific restriction of the following subparagraphs; B. Motor Vehicles'. No person shalt operate a rotor vehicle in the Cit} in violation of the motor vehicle noise limits established in the rules as listed in M.S. 169,69. (Ref. Ord. 987, 7110/01) Ca Morns, Audibleignatia Devices, Etc_ No person shalt sound any audible signaling device on any vehicle except as a; warning of danger: ; D. Exhaust- No person shalt discharge the 'exhaust or permit the discharge of the exhaust of any stem engine, internal combustion engine, motor boat, motor vehicle, or snowmobile except through a muffler or other device that effectively prevents loud or explosive noises therefrom' and complies with all applicable state laws and regulations, 11 1 57033070 POLICE <R L "I ONS 5703-070 Subd, 9. Enforcement 1 r, C) K- CHAMTR 19 NOISE Chapter 1E? — I've I Chapi V) - Papt: 2 Chapter 19 -, Page 3 1 Chapter 19 - page. 4 19 ' tear ad verse a ffects of ranting the � ariance. "I'he � °; ce may e yranted sto iect to c onditions, including a time limit, which shall lie clewlY stated, Sec. 19-11. En r cerne t Chapter 11) Pag'C 20 Agenda Item LI MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Karen Guilfbile, City Clerk DATE: June 5, 2006 RE: Change of Manager Intoxicating Liquor License Introduction Lynn Roth has completed an application for an intoxicating liquor license for the AMF Maplewood Lane located at 1955 English Street. Background The required background check was completed by Deputy Chief Banick on Ms. Roth for the purpose of holding an on-sale license. Nothing was identified in the investigation that would prohibit her from holding this license. Ms. Roth was born and raised in Amery, Wisconsin and moved to Twin Cities in 1976 to attend college. She did spend 1985-1988 in the Chicago area where she held a liquor license in Cook County. After returning to the Twin Cities in 1990, Ms. Roth has been employed by the Cattle Company; Chili's and worked at AMY Maplewood Lanes during 2001 and 2002. She currently resides in Columbia Heights were she has lived for the past five years. Ms. Roth's references made positive comments about her both personally and professionally. Chief Thomalla met with her to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of Maplewood, St. Paul, Bloomington, Brooklyn Center Columbia Heights, Fridley, Amery, WI, Chicago, IL, and Rice Lake, WI. Additionally, Hennepin, Ramsey and Polk (WI) Counties were also checked. Consideration Approval of the change of manager to Ms. Roth is sought from the council. Agenda Item L2 MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Karen Guilfoile, City Clerk DATE: June 5, 2006 RE: Eden Systems Business License Software Introduction Currently the REaL Department processes approximately 1,400 business licenses and permits annually using various software products and procedures created by staff. Since we do not have a business license program, staff has created a data base for each type of license which in turn requires entering the same data for the same business numerous times if the business is required multiple licenses. While current procedures are in the end generally effective, there is a deficiency in staff's ability to research prior and current records in conjunction with other departments for a particular parcel or address. Backiyound During the 2005 budget process, a $25,000 capital outlay request was approved for an Eden Systems Business License Software Module. At the time that the budget request was approved staff was informed that the module that we were purchasing would be compatible with the Permits and Parcel Manager Software module that is used by Community Development and Public Works. In other words, staff in any department would have access, and history, on any city parcel that was entered into the system. After further questioning, and speaking with other users of the Business License Module, staff was not confident that the modules were as compatible as we had hoped and we questioned if it would fit our purposes as users. We held off on making the purchase from Eden Systems in 2005 until improvements were made and we felt confident that we would not be "guinea pigs" for finding what changes need to be made. Recently we took another look and are now confident that the software will fulfill our needs and will indeed be compatible with what other department are using and will be an asset to all of us. Since our initial consideration in 2004, the improvements that Eden Systems has made to the original program have increased the cost to $39,070. Having carried-over the 2005 capital outlay amount of $25,000, staff is in need of $14,070 to cover the costs, which includes on-site training and converting current data to the new software program. I have spoken with Finance Director Faust and he has indicated that there are funds in the general fund contingency account that could be used for this purpose if council so chooses. In conjunction with the implementation of this module, the Business Registration and Life/Safety Inspection Fee that was approved by council in 2005 will be completely implemented which staff anticipates will generate approximately $24,000 of revenue. The intent of the program is to have every business that is not currently licensed with the city to complete a Business Registration Application that will include information regarding emergency contacts, building ownership and rental information to be used for, but not limited to, Public Safety issues. The approved fee is $35.00 and will be implemented by the Police and Fire Departments in conjunction with the REaL Department. Consideration Staff is seeking approval of $14,070 from the general fund contingency account so that the Eden Systems Business License Software can be purchased. Agenda Item L3 MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Karen Guilfoile, City Clerk DATE: June 5, 2006 RE: Lift Off-Sale Liquor License Moratorium Introduction At the July 14, 2003 city council meeting a moratorium on future off-sale liquor licenses was put in place until parameters were set for distances between liquor license holders. The intent of the moratorium was to protect local small businesses from bigger chain stores that were moving into the community. Backiyound As you know, council will be reviewing the entire intoxicating liquor license code at the July 17, 2006 council manager workshop. Included in the staff presentation will be consideration of parameters for distance requirements. It has come to my attention that with the moratorium being almost three years old that it could be seen as unreasonable from a legal standpoint if it were to be challenged. With this in mind, staff is requesting the moratorium be lifted as council will soon be making revisions to the code. Staff has been contacted by Cub Foods, 100 West County Road B, with their intentions of approaching the city council for an off-sale liquor license. If the license is approved, they will begin the planning process and have been instructed about current State Statute requirements. The entrance of what will be the off-sale portion of the proposed Cub Food Liquors is 675 feet to the east property line of the Waldorf School. The current code requirement is 100 feet. Consideration Staff requests that council lift the moratorium on off-sale liquor licenses. Agenda Item L4 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Carver Crossing Improvements (formerly CoPar Development) -- City Project 05 -07 — Resolution Approving Negative Declaration on Environmental Assessment Worksheet (EAW) DATE: June 6, 2006 INTRODUCTION On March 14, 2005, the city council authorized the preparation of an Environmental Assessment Worksheet (EAW) for the proposed development of the former Schlomka property by the CoPar Development Company. The project is called Carver Crossing and the EAW has been completed and has been routed for public comment. The EAW was prepared by one of the City's consultants, Kimley -Horn and Associates, Inc. (KHA). All public comments have been received and responses to those comments are attached for information. The Council has previously received the EAW. Review of the comments and responses in the context of applicability toward the final development plan is recommended. Based on comments and responses to the EAW and the Public Hearing at the Planning Commission meeting, the developer is currently revising the development proposal to a lesser density approach. Proceeding with a finding is recommended due to EQB rules. It is believed that this development impact and EAW process represents the worst case scenario and a revised proposal by the developer will need to implement all the findings of this process and will have a lesser impact. Approval of the negative declaration is recommended. Background The EAW was ordered for this project area due to City Council concerns for the impacts of the originally proposed 386 unit development. At the time of the order, staff suggested that the EAW may provide significant findings that could require a substantial revision to the proposed site plan. The EAW found significant issues with site development, and the developer has been cooperative in revising their plans to accommodate and address the environmental concerns. The long preparation time (over 1 year) for the EAW and development plan process is due to the findings and developer revisions. The findings have required that the developer reduce the proposed site from the original planned unit count of 386 units to the current analyzed plan of 299 units. The 299 units are the lowest development level provided within the Maplewood Land Use Plan at 4.1 units per acre. The developer is now considering a revision that will further reduce the number of units on the site. The EAW analysis can be completed at the higher level with all the findings remaining in place. Background on EAW Process The EAW comments and responses will be reviewed in detail by the planners and engineers from KHA at the meeting. There are a couple of main items for discussion on the site: Woodlands: The project site currently includes 26.0 acres of woodland in the 73+ acre site. The project proposes to change 15.4 acres of these woodlands. Woodland impacts will be mitigated according to city ordinance up to 10 trees per acre. A total of 215 new trees will be required to be planted. City Council Agenda Report Carver Crossing EAW June 6, 2006 Page Two Wetlands: The project includes four wetland complexes covering 7.32 acres of the site. This is the major issue that required significant revisions to the original site plan. The current proposal only impacts 0.2 acres which will be mitigated on site with 0.43 acres of new wetland. Additionally, the developer has proposed features that will provide for future enhancement of the existing wetlands which have been degraded by area construction activity, namely from the 1 -494 freeway. This change provides for a much improved site plan. Public Utilities: Sanitary sewer and water are readily available to this site from Carver Avenue and an extension has been constructed in previous years at Heights Avenue. The sewer extension has been planned for this property since the mid- 1980s. It is recommended that any development of this parcel consider connections to the sanitary sewer system to avoid environmental impacts to the Fish Creek system due to failing septic systems. A lift station may be necessary to pump some of the sewage from this site to the Carver Avenue system. Future plans need to be studied to determine the extent of the sizing of this lift station. The area to the east of this site (on the southeast side of 1 -494) is currently unsewered. This area is planned under the Comprehensive Sewer Plan to have sewer at some point in the next 5 -30 years. The proposed lift station within the Carver Crossing Development will provide service to this area. As part of the construction of the lift station, a crossing pipe is needed under the freeway to the eastern side. The construction of this is necessary at this time as part of this development to avoid major disruption of the Carver Crossing site when homes and roadways are constructed. This will provide sewer to the eastern area which is disturbing to some of the existing residents of this area, who enjoy the large lots and septic systems of that area. Others on the eastern side are interested in developing their property and the sewer extension will provide them the ability to develop. This sewer extension under the freeway has the potential to be a very controversial issue. From an engineering standpoint, if /when the Carver Crossing development is authorized, a lift station is required and that lift station must have the sewer pipe constructed under the freeway as part of the development construction to avoid huge costs and disruption in the future. Traffic: The proposed development is a 55+ community which reduces the traffic generation numbers from the site. The consultant has analyzed the site both with and without reductions and the conclusions on improvements are not impacted. The engineer's analysis concludes that some turn lanes and expansion are required on Carver at the entrance and also at the McKnight — Carver intersection. All other impacts are within acceptable standards, except the Bailey Road— Sterling Street intersection, which is currently failing. This intersection is within Newport (Washington County) and should be scheduled for improvement. This development does not have significant impact on that intersection. A concern has been expressed about the driveway location of Henry Lane as it impacts the property owner on the north side of Carver Avenue. The developer is exploring relocating this driveway to the west to avoid this impact. Storm water issues: This site is proposed to meet the highest level of retention and treatment applied within the City of Maplewood. A majority of the site will exceed the infiltration of flows for over 90% of the storms within the area. This will provide infiltration of storm events of up to 2.5 inches of rainfall. Current standards within other developments, such as Legacy Village, provided for infiltration of only the 1.0 -inch storm event. The impacts on Fish Creek on the receiving water bodies have been reduced to a minimal to negligible amount. This critical issue related to impacts of phosphorus and suspended solids is part of the City's current plan to meet the permit requirements of the National Pollution Discharge Elimination System (NPDES) and the Minnesota Pollution Control Agency (MPCA) requirements placed on Maplewood (along with 29 other communities in Minnesota) to reduce drainage for quantity and quality to pre -1988 levels. The analysis of this site shows that drainage should meet this requirement with the increased standards. City Council Agenda Report Carver Crossing EAW June 6, 2006 Page Three Noise: This site currently is impacted by the freeway noise and many locations exceed the night time (10 p.m. to 7 a.m.) noise standard. This is not uncommon for suburban developments located adjacent to major roadways. The proposed mitigation is to provide climate - controlled units and increased wall insulation. In addition, any outside common areas need to be located on the west side of buildings. A berm along 1 -494 is also being considered as part of the final site planning. These elements should reduce future resident exposure to adjacent traffic noise and provide the City with a reasonable response to the freeway noise issue. As part of the developer revisions, consideration is being given to implement berms and other noise mitigation measures to further address this issue. Wildlife Concerns: This site has wildlife noted in many areas. The developer has considered providing numerous areas of protection under the current proposal. Obviously much of the wildlife in the area has relocated to this site due to other development in the area. Some of the wildlife species in the urban area have exploded due to the removal of many of the natural predators. The City and Ramsey County have needed to harvest numerous deer from this area due to over population. Due to the existence of many acres of open space in this area, the wildlife experts do not believe that development of this parcel will have significant impacts on the urban wildlife of the area. Parks and Open Space Issues: There has been a proposal from area residents that suggests retention of this property as open space /parks area. The Parks Directors from Maplewood and Ramsey County indicate that there is significant park/open space in the area, including an open space parcel immediately north of Carver Avenue from this parcel. No revisions to open space borders or the addition of park land in the area are recommended. EAW and Development Process Schedule City Council Received EAW /Authorizes Publishing March 13, 2006 Planning Commission Received EAW March 20, 2006 Neighborhood Meeting (6 : 00 -8: 00 PM @ Fire Station) March 30, 2006 EAW Comment Deadline April 12, 2006 Planning Commission Received Response to Comments May 15, 2006 Development Plans to Planning Commission /Public Hearing May 15, 2006 City Council Determines Need for EIS June 12, 2006 The attached Findings of Fact document for the proposed Carver Crossing project in Maplewood has been revised to reflect comments /concerns raised at the May 15, 2006, Planning Commission meeting. Additionally, clarifying language has been added to the document to explain that their action does not constitute "approval" of the project, but rather a determination that the project would not result in significant impacts, and that the EAW adequately discloses impacts and defines mitigation for future permits /approvals. The proposed action defined in the Findings document is consistent with what was proposed in the EAW, with slight modifications to reflect specific mitigative measures. There is reference in the document that the developer is currently exploring a site plan that would reduce the density on the site. However, the analysis has not been amended to reflect that potential change. In other words, the environmental review process has been conducted on a worst case condition. City Council Agenda Report Carver Crossing EAW June 6, 2006 Page Four EAW Requirements on Timeline The requirements on the City Council as the Regulatory Governmental Unit (RGU) provided by the Environmental Quality Board (EQB) are that a decision on the EAW by the RGU is required within 30 days of the conclusion of the comment period, which ended on April 12, 2006. A 30 -day extension is allowed due to "insufficient information," which has been applied to this process. Therefore, the City Council is required to make a determination on the project. There is not enough information to require the more detailed information required as part of an Environmental Impact Statement (EIS). The EAW process has identified significant decision and development changes that are now part of any development plan for the site. It is recommended that the City Council adopt the attached resolution which finds that the EAW adequately addresses the environmental impacts of development of this parcel, applies the findings to any future development considerations and finds that preparation of an Environmental Impact Statement is not warranted. The Planning Commission, while not providing a positive recommendation on the development plan, recommends the negative declaration finding on the EAW from their May 15 Public Hearing. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the negative declaration on the Environmental Assessment Worksheet for the Carver Crossing Development, City Project 05 -07. Attachments: 1. Resolution on Negative Declaration 2. Carver Crossing EAW Findings of Fact 3. Location Map Supplemental: 1. Full EAW Document Comments and Responses Provided to City Council. Document available on City website and in City Public Works Engineering Office. RESOLUTION APPROVING NEGATIVE DECLARATION Carver Crossing ©fMaplew© ©d Project City of Maplewood, Minnesota WHEREAS, CoPar Development LLC is the proposer of the Carver Crossing of Maplewood Project; a senior housing development with up to 299 units on approximately 70 acres of land; and WHEREAS, the general boundaries of the Carver Crossing project can be described as 70 acres of land to the west of 1 -494 and south of Carver Avenue; and WHEREAS, the City of Maplewood is the Responsible Governmental Unit (RGU) pursuant to Minnesota Rules Part 4410.0500; and WHEREAS, the EAW was prepared using the form approved by the Minnesota Environmental Quality Board for EAWs in accordance with Minnesota Rules 4410.1300; and WHEREAS, in accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to all persons and agencies on the official Environmental Quality Board distribution list; and WHEREAS, the notification of the EAW was published in the Minnesota EQB Monitor on March 13, 2006; and WHEREAS, the public review and comment period remained open until April 12, 2006; and WHEREAS, a public informational meeting was held for the project on March 30, 2006, in the City of Maplewood; and WHEREAS, the comments on the EAW were received and responded to; and WHEREAS, the draft Findings of Fact/Response to Comments document was reviewed at the May 15, 2006, City of Maplewood Planning Commission meeting: and WHEREAS, the draft Findings of Fact/Response to Comments document reviewed by the Planning Commission has been revised to reflect clarification /revisions to specific impact analyses; and WHEREAS, the City of Maplewood Planning Commission recommended a Negative Declaration determination for the proposed action evaluated in the EAW; and WHEREAS, the proposed project under evaluation in this EAW reflects a worst case level of analysis in terms of density of residential development; and WHEREAS, the record considered by the City Council for purposes of its decision herein consists of the EAW, related reports and analysis, the comments received thereon, and the responses to such comments, all of which are incorporated herein and made a part of this decision; and WHEREAS, the proposed development will undergo subsequent reviews and required approvals associated with permits identified in this document; and WHEREAS, the City of Maplewood will work with the developer to determine the feasibility and the effectiveness of additional noise mitigation to the west of 1 -494; NOW, THEREFOR BE IT RESOLVED by the City Council of the City of Maplewood, acting with respect to the Environmental Assessment Worksheet for the Carver Crossing Project of Maplewood, that it finds and concludes the following: 1. The EAW was prepared in compliance with the procedures of the Minnesota Policy Act and Minnesota Rules, Parts 4410.1000 to 4410.1700; and 2. The EAW satisfactorily addressed all of the issues for which existing information could have been reasonably obtained; and 3. The Findings of Fact contained in Exhibit A (attached) are made; and 4. Based on criteria established in Minnesota Rules 4410.1700, and the Findings of Fact, the Project does not have a potential for significant environmental effects; and 5. An Environmental Impact Statement is not required, and the City of Maplewood therefore makes a "Negative Declaration ". Adopted by the City Council of the City of Maplewood, Minnesota this 12 th day of June, 2006. FOR THE UARVER CROSSING OF MAPLEWOOD PROJECT ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) June 2006 Responsible Governmental Unit City of Maplewood Charles Ahl, PE Public Works Director/City Engineer 1902 County Road B East Maplewood, MN 55109 Phone: 651-249-2400 Fax: 651-249-2409 E-Mail: chuck.ahl Cctci.rnaplewood.rnn.us Approved by the City of Maplewood City Council on 12006. CITY OF MAPLEWOOD RESPONSE TO COMMENTS, FINDINGS OF FACT, AND RECORD OF DECISION FOR THE CARVER CROSSING OF MAPLEWOOD PROJECT ENVIRONMENTAL ASSESSMENT WORKSHEET June 2006 TABLE OF CONTENTS INTRODUCTION RESPONSE TO EAW COMMENTS EAW Notification, Distribution and Comment Period Comments Received and Responses COMMENT LETTERS FINDINGS OF FACT Project Description Criteria to Decide if the Project has Potential for Significant Environmental Effects Criteria A: Type, Extent and Reversibility of Environmental Effects Criteria B: Cumulative Potential Effects of Related or Anticipated Future Projects Criteria C: Extent to Which the Environmental Effects are Subject to Mitigation Criteria D: Extent to Which the Environmental Effects can be Anticipated and Controlled RECORD OF DECISION INTRODUCTION An Environmental Assessment Worksheet (EAW) has been prepared by the City of Maplewood, the Responsible Governmental Unit (RGU) for the Carver Crossing Project. CoPar Development, LLC is the project proposer. The EAW and the respective comments have been reviewed in accordance with Minnesota Rules 4410.1700 to determine if the project has potential for significant environmental effects. This document includes response to comments received by the City of Maplewood, Findings of Fact supporting the decision, and the Record of Decision indicating an Environmental Impact Statement (EIS) is not necessary for this project. The proposed project is located just west of 1-494 and south of Carver Avenue in the southern part of the City of Maplewood. The proposed project is a senior housing development that will include - up to 299 residential units. The planned maximum density of the development is approximately 4.1 units per acre. The construction with the proposed development is expected to continue over several years. Construction activities will include grading, infrastructure installation, and construction of the residential units. The required project infrastructure, including utilities, roadway and storm drainage facilities are planned to be completed in approximately one year. The EAW is a state disclosure document about potential environmental effects and ways to minimize and avoid them for a proposed action. Information provided in the EAW and this Findings Document shall be used as a source of information to be integrated with other future permitting and approval processes to protect the resources on and near the proposed project site. The action on the environmental determination does not impart approval or disapproval of the proposed action. RESPONSE TO COMMENTS EAW Notification, Distribution and Comment Period In accordance with Minnesota Rule 4410.1500, the EAW was completed and distributed on March 6, 2006, to all persons and agencies on the official Environmental Quality Board (EQB) EAW mailing list and other interested parties. The notification was published in the EQB Monitor on March 13, 2006, initiating the 30- day comment period. A press release was issued to the Maplewood Review following the distribution of the EAW. A letter was also sent out by the City of Maplewood to surrounding property owners with information about the proposed project, availability of the EAW, and details regarding the public informational meeting on March 30, 2006. A public informational meeting for the project was held on March 30, 2006 (see sign in sheet at the end of this section). The comment period for the EAW ended on April 12, 2006. The City of Maplewood City Council and Planning Commission were briefed on the EAW process on March 13 and 20, 2006, respectively. On May 15, 2006 the City of Maplewood Planning Commission reviewed and provided comments on the Draft Findings of Fact/Response to Comments document. Following discussion on the project and findings of the EAW, they approved a resolution recommending to the City Council that a negative declaration (an Environmental Impact Statement [EIS] is not needed) be issued on the Carver Crossing EAW. In response to their comments on the proposed project definition and respective impact analysis, the May 2006 draft document has been revised. Specifically, additional/amended information has been included in this document in the following impact areas: Wildlife impacts associated with development on the proposed site Traffic analysis assumptions Noise impacts/mitigation associated with noise generated by 1-494 to the east of the proposed project site Revisions to the May 2006 draft Findings of Fact/Response to Comments document are noted accordingly in this document for reference. The Planning Commission raised concerns at their May 15, 2006 meeting regarding the proposed density of development on the project site, which would require a change to the existing land use and zoning designations. In effort to address their concerns regarding density, the project proposer, CoPar, is currently developing plans that would reduce the density of development on the project site. As the EAW is intended to be a disclosure document regarding potential impacts and mitigation, the overall site plan defined in the EAW reflects a worst case impact scenario. If at a later time in the plan development/city approval process, a development proposal of lesser impact is approved, the impact analysis included in the EAW will be reflective of a "worst case" scenario, thus providing the greatest flexibility in terms of design modifications to the site plan. If it is determined that the site plan has changed, such that the impact analysis is no longer valid, the state environmental thresholds will be reviewed, and the appropriate level of review conducted. Comments Received and Responses The following comments were received on the Carver Crossing EAW. U.S. Army Corps of Engineers (April 24, 2006) The Corps of Engineers commented that project Wetland 4 is not a "water of United States". Therefore, it is not subject to regulation by the Corps of Engineers under Section 404 of the Clean Water Act. Comment so noted for the record. Minnesota Department of Transportation — Metropolitan District April 6, 2006 Comment so noted regarding contact of Brad Canaday in MnDOT's Oakdale office (right of way). 2. Comment so noted regarding submittal of drainage information to Michelle Buller at MnDOT. 3. Comment so noted regarding the need for a permit if MnDOT right of way is impacted (permit included in Permit and Approval table), Construction work is anticipated within Mn/DOT right of way. A permit will be obtained, as required, prior to the commencement of any work within Mn/DOT right of way. 4. The City acknowledges that MnDOT will not be responsible for noise mitigation measures associated with existing background traffic near the proposed project. A noise analysis associated with the impacts of surrounding traffic on the proposed project was conducted and the results presented in the EAW. Minnesota Department of Natural Resources April 12, 2006 1. The permit table will be revised to reflect the Comprehensive Plan Amendment approval by the Minnesota DNR (associated with the Critical Area). 2. Item No. 14 of the EAW should be corrected to include reference to the Fish Creek Shoreland Overlay District (Maplewood Code, Article IX, Sec 44-1236 through 1250). The City's Shoreland Overlay District requires a 50-foot setback from the Ordinary High Water (OHW) mark. The proposed project will meet these requirements. 3. A letter from the Ramsey-Washington Metro Watershed District (April 25, 2006) regarding their comments on the project is included at the end of this section. In the referenced letter, the Watershed District has requested that "Permanent Dual Purpose Basin (PDPB) 102 be rerouted to the central wetland on the north side of the project instead of connecting directly to the Fish Creek Piping System." The developer has agreed to this plan revision. 4. The MnDNR's comment of support associated with the proposed development's stormwater management features is so noted. Minnesota Pollution Control Agency (April 10, 2006) Comment so noted regarding the need for a General Stormwater Permit. 2. Comment so noted regarding the information required to be included in the Storm Water Pollution Prevention Plan (SWPPP). 3. The Wetland Conservation Act (WCA) permit application will include the appropriate wetland mitigation sequencing information. 4. A limited Phase 11 Environmental Site Assessment (ESA) and Pre-Development Response Action Plan have been prepared on the proposed project site based on the initial findings/recommendations in the Phase I ESA. Based on the findings of the Limited Phase 11 ESA, soil will be excavated at appropriate locations along with the excavation of solid waste from the ravine pile northwest of Henry Lane. Petroleum impacted soil will be over excavated using the MPCA guidance criteria. Impacted soils will be disposed of at a licensed facility. Metropolitan Council, April 7, 2006 The MnDNR's review of the proposed development will be added to the revised Permit and Approval table. 2. As stated in the EAW, the developer will work with the City to minimize impacts to this area and develop appropriate mitigation based on the City's Tree Preservation Ordinance. Based on the tree survey completed for the project site, there are a total of 1,111 significant trees (significant tree is defined as 8 inch diameter or larger) on the project site. The proposed action would remove 467 significant trees. To meet the requirements of the City's Woodlot Alterative Permit, impacted trees must be replaced one for one, up to 10 trees per acre. For the proposed project, a total of 730 trees are needed on site. The current landscaping plan for the project site identifies 624 replacement trees (over story, ornamental, coniferous and single family front yard trees) on site. This would exceed the City's tree replacement requirement (86 trees would be required to meet the 10/acre replacement ratio). As stated in the EAW " The City of Maplewood's comprehensive plan will need to be amended. This would change the land uses designation within the project area from R-I single dwellings to R- 3(L) multiple dwellings - low density. For the proposed plan, the City will require a conditional use permit (CUP) for a planned unit development (PUD). The PUD will allow the following features to be included in the project: a mix of housing styles, variety of setbacks, smaller lots for the detached homes, and many units to be located on private driveways. The PUD will allow for a site plan that will help preserve the natural features that exist on the site." 3. See response to comment number 2 from the Minnesota DNR. The proposed project would meet the 50-foot setback requirements from the OHW (Shoreland Zoning Section of Maplewood Code). Two separate twenty-foot access easements in favor of the Ramsey Washington Metro Watershed District and Ramsey County will be provided to Fish Creek. One easement will provide access to Fish Creek from that portion of the development located north of Fish Creek, and the other easement will provide access to the southern portion of the development. These access easements were discussed and agreed upon with Ramsey County Parks and the Ramsey Washington Metro Watershed District during the development of the project site plan. 4. The proposed storm drainage system includes a series of rain gardens and permanent dual purpose detention basins (PDPB's) to address the stormwater treatment and rate control requirements for the project. The following Permanent Dual Purpose Basin (PDPB) Data Schedule details the required and proposed infiltration volumes for each of the PDPB's. Required infiltration volumes have been determined based upon the City of Maplewood's "Environmentally Enhanced Storm Water Practice Worksheet. " As shown on the table, all of the PDPB's meet the City's infiltration volume requirements. Overall, the required infiltration volume is 69,059 cubic feet, and the proposed PDPB's include a total infiltration volume of 99,663 cubic feet. PERMANENT DUAL PURPOSE BASIN DATA SCHEDULE PDPB 101 PDPB 102 PDPB 103A PDPB 103B PDPB 104 PDPB 105 CATCHMENT AREA (ACRES) 17.61 14.42 3.89 0.98 2.06 2.12 PERCENT IMPERVIOUS 45 34 76 51 82 65 INFILTRATION VOLUME REQUIRED* (CF) 26,415 18,926 10,892 1,764 5,974 5,088 INFILTRATION VOLUME PROPOSED" (CF) 42,427 22,520 11,630 2,004 12,022 9,060 BASIN BOTTOM ELEVATION 870 870 862 864 880 876 2 YEAR HIGH WATER 8721 872.8 865.9 866.3 882.1 878.3 10 YEAR HIGH WATER 873.7 874.1 867.8 866.9 882.8 880.1 100 YEAR HIGH WATER 876.7 875.0 868.3 867.3 883.8 881.6 DISCHARGE RATE - 2 YR EVENT (CFS) 0.05 0.04 0.76 0.46 0.06 0.00 DISCHARGE RATE - 10 YR EVENT (CFS) 1.99 1.52 1.50 2.76 0.68 0.00 DISCHARGE RATE - 100 YR EVENT (CFS) 4.46 15.99 21.38 4.71 1.18 0.69 INFILTRATION CAPACITY * ** EVENT 2.75" 2.50" 1.25" 2.00" 2.50" 2.50" TOTAL INFILTRATION VOLUME RE UIREW = 69,059 CF TOTAL INFILTRATION VOLUME PROPOSED" = 99,663 CF * INFILTRATION VOLUME REQUIRED HAS BEEN CALCULATED USING THE " ENVIRONMENTALLYENHANCED STORMWATER PRACTICE WORKSHEET" AS REQUIRED BY THE CITY OF 1JAPLEWOOD. * THE INFILTRATION VOLUME PROPOSED HAS BEEN CALCULATED USING THE STORMWATER MODELING SOFTWARE "HYDROCAD " IN CONJUNCTION WITH THE OVERALL STORMPATER MANAGEMENT SYSTEMIN ACCORDANCE WITH THE CITY OF MAPLEWOOD. * * * THE SPECIFIED EVENT IS THE TYPE II - 24 HOUR EVENT USING SCS TR -20 RUNOFF METHOD. The proposed stormwater system will result in a reduction in the runoff rate for the after conditions. The following Comparison of Existing and Proposed Discharge Rates table details the existing and proposed discharge rates for the 2 -year, 10 -year, and 100 -year storm events. COMPARISON OF EXISTING AND PROPOSED DISCHARGE RATES EXISTING CONDITIONS (CFS) PROPOSED CONDITIONS (CFS) DISCHARGE POINT 2 -YR 10 -YR 100 -YR 2 -YR 10 -YR 100 -YR CENTRAL WETLAND 7.42 7.73 7.96 7.30 7.59 7.95 FISH CREEK - NORTH 1.31 6.83 15.01 0.06 1.05 2.97 FISH CREEK - SOUTH 3.18 18.24 41.88 3.16 10.37 21.27 OFFSITE NORTH 0.90 4.46 9.69 0.71 2.33 4.79 OFFSITE SOUTHWEST 3.27 17.94 40.15 0.65 7.43 20.10 The net effect of the proposed stormwater system will be to reduce phosphorus and total suspend solids discharges from the site. A letter from the Ramsey- Washington Metro Watershed District (April 25, 2006) regarding their comments on the project is included at the end of this section. In the referenced letter, the Watershed District has requested that "Permanent Dual Purpose Basin (PDPB) 102 be rerouted to the central wetland on the north side of the project instead of connecting directly to the Fish Creek Piping System." The developer has agreed to this plan revision. 5. See response to comment number 4 above. As noted in response to comment number 4 above, the discharge rates into Fish Creek will actually decrease under the proposed plan. 6. Under the proposed preliminary site plan, an approximate 150 -foot conservation easement along Fish Creek will be established for this project. Additionally, the developer has proposed to undertake restorative /stabilization work along the section of Fish Creek within the boundaries of the project area. 7. The Permit and Approval table has been revised to reflect the required City action on the Mississippi River Critical Area. Washington County (April 5, 2006) As part of the initial analysis, the trip generation for typical single-family detached homes and senior adult housing - detached home were compared to estimate the reduction in trips for a senior development. This comparison showed that a reduction in trips between 47 and 65 percent for the AM perk hour, PM peak hour, and the daily trip generation would be likely. That is the reason a 50 percent reduction was used to estimate the trip generation in the EAW. Additional dialog with Washington County Staff has occurred since the completion of the EAW and based on their comments, as well as the comments received by Ramsey County, the apartment trip generation was modified. The original 50 percent reduction was reduced to a 25 percent reduction for the apartment trip generation. This modification was made to help ensure that the traffic impacts were conservatively assessed. Additional concerns from the Planning Commission resulted in another revision to the traffic analysis. This revision assumes no reduction in trips for the apartment trip generation portion of the senior housing development. The traffic analysis has been updated to reflect this increase in traffic. The updated analysis is included at the end of this section. 2. The site trip distribution map included in the EAW caused some confusion because some of the percent distributions were not listed on the figure. This figure has been updated. The previous analysis assumed that 30 percent of the traffic would travel south to the Interchange of TH 61 and I- 494. This traffic was split between Point Douglas Road and Sterling Street. Fifteen percent of the site traffic was distributed to the north via Carver Avenue to Century Boulevard. After further discussion with Washington County, the percentage of site trips using Point Douglas and Carver Avenue were decreased by 5 percent each. The 10 percent of trips that used those roads were rerouted to the south on Sterling to obtain access to the TH 61 and 1-494 Interchange. The traffic analysis has been updated to reflect the impacts of the changes in the site traffic trip distributions. The updated analysis is included at the end of this section. The traffic analysis using a more conservative trip generation number and an increased trip distribution to/from Sterling Street did not significantly change the traffic results. There was no significant change in the approach level-of-service values at any of the intersections included in the original analysis. The delay on the southbound approach to Sterling Street did not increase and remained similar to the no build conditions. Therefore, the mitigation measures presented in the original EAW are still recommended and no further mitigation measures are recommended. Minnesota Center for Environmental Advocacy (April 7, 2006) I As presented in this Findings of Fact Document, the City has carefully considered the findings from the EAW, comments received on the EAW, and public input received during the comment period. Based on the findings and review of the four criteria reviewed to determine the need for a state EIS; the City as the RGU has determined that an EIS is not required (negative declaration) for the proposed action. 2. As presented in the EAW, vehicle related air emissions are expected to be negligible based on traffic operations and air quality findings from the 1-494/TH 61 EA prepared by Mn/DOT at intersections surrounding the proposed project 3. See response to comment number I above. 4. As stated in the EAW (Item #24) "The traffic volumes generated by the proposed project are not expected to be at levels that would result in a measurable increase in noise on surrounding neighborhoods. 1-494 is located on the east of the proposed project and the noise generated from I- 494 may impact residents in the proposed development." The EAW also referenced the 1-494/TH 61 Environmental Assessment (EA), which included a detailed noise analysis and review of mitigation measures. The noise analysis included in the EA indicated that the proposed roadway project would result in noise levels 3 to 4 decibels higher than existing noise levels (existing 1999 versus build 2020). Noise walls were not considered cost effective in this area. Therefore, no noise mitigation was programmed as part of the roadway improvement. The noise analysis completed for the 1-494/TH 61 EA assessed the impacts to the east of 1-494. To assess the impacts of the grade differences between the east and west sides of 1-494, the proposed project grading, and the two condominiums, a noise analysis was completed for the Carver Crossing project to determine the highways impact on the proposed project. The results were presented in the EAW. To assess the noise impacts, the traffic model was validated against existing (1999) conditions, and modified to estimate 2010 conditions with the proposed Carver Crossing project. The model included one additional lane in each direction on 1-494, the impacts of the proposed condominium buildings and projected 2010 traffic volumes on 1-494. As stated in the EAW, the noise analysis indicated that the Minnesota Pollution Control Agency (MPCA) daytime standard L10 is exceeded at the two condominium buildings located closest to I- 494 and at five of the attached townhomes located north of the buildings. MPCA nighttime standards are anticipated to be exceeded throughout the entire portion of the proposed project located north of Fish Creek, and a significant portion of the proposed project located south of Fish Creek. As stated in the EAW, and the specific comment; Minnesota Rule 7030.0030 states that "Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classification (NAC) 1, 2, or 3 in any location where these standards established in part 7030.0040 will be violated immediately upon establishment of the land use." In that regard, the City has worked with the developer during the past year on a site plan that provides noise mitigation measures either through natural topography, landscaping buffer, and/or building/site design and layout. As stated in the EAW, the common areas for the two condominium buildings to the west of 1-494 will be on the west side of the buildings. No decks/patios associated with the two condominiums will face 1-494. Additionally, as noted in Response No. 2 to the Metropolitan Council, the current Tree Preservation Plan submitted as part of the Preliminary Plat references a total of 624 replacement trees on the project site. The City and developer will work closely together to maximize the density/effectiveness of tree plantings on the eastern edge of the project (see Cross Section and Section/Elevation figures at the end of this section). Additionally, as stated in the EAW, residential units will be designed to minimize noise impacts by providing climate controlled units and increasing wall insulation. These specific requirements to mitigate noise impacts from 1-494 will be defined in subsequent building permit submittals to the City. Based on the findings from the noise analysis, the mitigation measures incorporated into the overall site plan, and the building requirements to reduce noise, the City has determined that "reasonable measures" have been incorporated into the proposed development. As the site plan is further defined through the city review process, the City of Maplewood will continue to work with the developer to determine the feasibility and effectiveness of additional noise mitigation measures (e.g. noise walls, berms, etc). 5. See response to Metropolitan Council comment number 4. 6. See response to comment number 5 above. 7. See response to comment number 5 above. 8. Item No. 14 of the EAW should be corrected to include reference to the Fish Creek Shoreland Overlay District (Maplewood Code, Article IX, &c 44-1236 through 1250). The City's Shoreland Overlay District requires a 50-foot setback from the Ordinary High Water (OHW) mark. The proposed project will meet these requirements. Under the proposed preliminary plat submitted by the developer, an approximate 150-foot conservation easement on Fish Creek will be established for this project. Additionally, the developer is proposed to undertake restorative/stabilization work along the section of Fish Creek within the boundaries of the project area. 9. See response to comment number 5 above. 10. See response to comment number 5 above. Terry and Linda Batangart (March 29, 2006) The Minnesota Manual on Uniform Traffic Control Devices gives criteria that should be considered prior to the installation of a multi-way stop application. The traffic volumes are not at levels where a multi-way stop application should be considered. The realignment of the intersection improves the sight distance by 300 feet, making the new location better from both a safety and traffic operations perspective. Based on comments received during the Planning Commission meeting, the developer has agreed to shift the proposed location of Henry Lane approximately 50 to 100 feet to the west of the location presented in the EAW. The proposed realignment would be located to minimize visual impacts to existing residents to the north of Carver Avenue in this location. 2. See Response to Comment No. 1 above. Sue Sehlomka (April 7, 2006) Your support for the proposed project and its design is so noted. Matt Ledvina (April 10, 2006) I . The permit and approval table has been revised to reflect the required actions associated with the Mississippi River Critical Area. 2. As stated in the EAW, the proposed project is within the Mississippi River Critical Area, in an area designated as "Urban Diversified District ". This district classification has the following goals: 1. The lands and waters shall be used as developed to maintain the present diversity of commercial, industrial and residential and public uses of the lands, including the existing transportation uses of the river. 2. Protect historical sites and areas, and the natural scenic and environmental resources. 3. Expand public access to and enjoyment of the river. The City may allow new residential development and other uses in this area if they are compatible with these goals. Based on review of the surrounding land use, specific project site conditions, and the fact that the proposed action would not impact the public access and enjoyment of the river, the city has concluded that the proposed action is compatible with the Urban Diversified District. In addition to the above noted goals defined as part of the Urban Diversified District under the Mississippi River Critical Area Program, the City has defined the following policies for the Critical Area: The City shall ensure that the location and siting of new structures will keep bluffs and scenic overlooks in their natural state. The proposed action will not impact Mississippi River bluffs andfor scenic overlooks. Maplewood will work with the Department of Natural Resources (DNR) on possible ordinance changes that would affect lands within the Critical Area. The permit and approval table has been revised to reflect the DNR's review role regarding proposed development within the Critical Area. The City will ensure that future development and construction in the Critical Area will meet or exceed the development standards set by Maplewood ordinances and policies. The revised permit and approval table identifies the subsequent reviewslapprovals required by the City of Maplewood, for the proposed development. The developer recently submitted a preliininai j plat for City review. Maplewood requires all new development in the Critical Area to minimize any adverse effects on the environment and to maximize all possible beneficial effects. The City will review these effects when approving site plans or when approving building permits, except for permits for single- family homes. As noted in the EA W, and responses to comments provided on the EA W the City has worked closely with the developer over the past 12 months in developing a site plan for the proposed action that minimizes environinental and social impacts to the site and surrounding area. Mitigation measures have been addressed and identified, to the extent appropriate, within the EAWand this Findings Document. The revised permit and approval table identifies the subsequent reviewslapprovals required by the City of Maplewood and other perinitting agencies for the proposed development. Maplewood requires all development in the Critical Area to meet all state regulations for Individual Sewage Treatment Systems (ISTS). This particular city policy is not applicable to this development, as ISTS's are not proposed as part of this project. Maplewood will notify the DNR whenever the City receives a development or subdivision application for land within the Critical Area. The revised permit and approval table identifies review by the MnDNR. The City shall ensure that new development and construction in the Critical Area minimizes direct runoff onto adjoining streets and watercourses. See response to Metropolitan Council cointnent number 4. Maplewood will ensure that new development and construction in the Critical Area improves the quality of runoff onto adjoining streets and watercourses. See response to policy above. The City encourages the clustering of structures and the use of designs that will reduce public facility costs, which will provide more open space and will improve scenic designs. As stated in the EAW " The City of Maplewood's comprehensive plan will need to be amended. This would change the land uses designation within the project area from R -1 single dwellings to R -3(L) multiple dwellings low density. For the proposed plan, the City will require a conditional use permit for a planned unit development. The PUD will allow the following features to be included in the project: a mix of housing styles, variety of setbacks, smaller lots for the detached homes, and many units to be located on private driveways. The PUD will allow for a site plan that will help preserve the natural features that exist on the site. " 3. See response to comment number 2 above. 4. There is an existing stormwater discharge from the large central wetland area that will be used as part of the proposed development. This existing discharge was inadvertently omitted from Figure 9 of the EAW. 5. Your comment correctly states that the proposed 8 -inch sanitary sewer stub will be constructed east of the proposed lift station to accommodate potential future development to the east of 1 -494. Although no specific development plans have been submitted for the property to the east of I -494, the infrastructure will be designed to accommodate up to 60 -acres of land zoned as R -2. 6. The developer is in the process of obtaining a geotechnical report for the proposed development. The report will contain soils information and construction recommendations as required per the City's Engineering Design Standards. Also, additional borings will be included for critical areas; such as locations for proposed retaining walls, steep slope construction areas and locations for proposed infiltration. Mark Bonitz (April 10, 2006) Rottlund Homes provided information regarding a similar senior condominium development that they completed in St. Louis Park, Minnesota. As part of the referenced development, over 65 percent of the buyers were over the age of 65. The buyers' family status were as follows: 55 percent single, 39 percent couple, and 6 percent did not respond. Over 55 percent of those that purchased condominiums moved from within the same city. Responses to the series of question presented under item 1 are as follows: Must all residents be 55 or older? The active adult "senior" age restriction applies to the owner of the home. In the case of joint ownership (couple) one must be 55 to qualify. How would qualified residents with children be addressed? Children will not be restricted from the development. Due to the age restriction applied to the parents, a limited number of children in the development are expected. Children that live in the development will likely be in the late teen to young adult or college age range. Would there be a requirement that all units be owner occupies? All residences will be occupied by a single family that qualifies as such in accordance with the Maplewood City Code definition of family. The renting of a single family home to another single family could occur, but the renter would have to meet the 55+ age requirement. Would residents be allowed to rent out the units? See previous response. 2. This development is not an assisted living center, so if a resident's health makes it impossible to continue to reside in their home without assistance, they will need to pursue a development/facility that provides the assisted care that is required for his/her condition. There are several reasons why a resident may want to change to a different housing style within the development. An example could include a situation where a healthy senior no longer feels that maintaining a detached single-family dwelling unit is necessary, provided that one is for sale, they could move into an attached townhome or condominium. 3. As stated in the EAW: "The City of Maplewood's comprehensive plan or land use plan will need to be amended. This would change the land use designation within the project area from R -1 single dwellings (4.1 units/acre) to R-3(L) multiple dwellings — low density (4.4-6.3 units/acre). For the proposed plan, the city will require a conditional use permit (CUP) for a planned unit development (PUD). The PUD will allow the following features to be included in the project area: a mix of housing styles, variety of setbacks, smaller lots for the detached homes, and units to be located on private driveways. The PUD will allow for a site plan that will help preserve the natural features that exist on the site." 4. As stated in the EAW, there are several parcels of land owned by Ramsey County Parks and Recreation that are located within or adjacent to the study area. One parcel runs east-west throughout the majority of the proposed development. The remaining parcels border the portion of the proposed development located south of Fish Creek. These parcels are about 35, 26 and 21 acres in size and are located adjacent to the southern portion of the development on the south, west and north sides, respectively. The proposed development will not impact this public land, which is currently used as open space and for deer management. The EAW states that the change in cover type associated with the proposed project will result in displacement of species that inhabit existing grassland and woodland areas. As noted in other responses to comments, the PUD provides flexibility for the site plan to help preserve the natural features that exist on the site. Additionally, the project developer currently proposes to plant 624 replacement trees on the project site. This number of replacement trees far exceeds the City's requirements under the Woodlot Alternative Permit. The reference to "region" within the EAW does not represent a defined geographic area. Rather it was meant to refer to the general surrounding area to the project site. More specifically, there are three parcels of land owned by Ramsey County Parks surrounding the proposed project that could provide habitat for displaced wildlife (see Item #25 of the EAW). During review of the project at the Planning Commission meeting (May 15, 2006) a request was made to provide additional information regarding the specific impacts to wildlife associated with the proposed action. The following paragraphs provide "adaptability" information regarding mammal species typically found in grassland/woodland areas. As stated on the MnDNR website, white-tailed deer "adapt well to most surroundings". White tailed deer live in prairies, forests, swamps, wood lots and agricultural fields. They are considered an "edge species". In other words, they prefer cover types which edges often provide (e.g. open space/wooded cover) They are common in both suburban and rural areas. Based on the availability of surrounding open space, and land used specifically for deer management, the proposed action is not anticipated to result in significant impacts to the existing deer population. Racoons are another wildlife species known on the project site. Racoons are excellent climbers and swimmers, and are known to thrive in almost any environment. Similar to the deer population, due to their adaptability, and availability of surrounding undeveloped land, it is not anticipated that the proposed project would significantly impact the existing raccoon population. 6. See response to Metropolitan Council comment number 2. 7. The Carver Crossing EAW was submitted to all agencies/organizations required under the Minnesota Environmental Review requirements. Additionally, the EAW was posted on the City of Maplewood website. As the Minnesota Center for Environmental Advocacy submitted comments on the EAW, they will officially receive this Findings Document. 8. This area of Maplewood is served by several parks and open space areas which are briefly described below: • Pleasantview Park, a fully developed 14 acre neighborhood park which is located about one mile north of the proposed development. This park includes play fields, basketball courts, picnic grilles, playground area, extensive trail system, and an undeveloped portion with seating areas that provide great vistas of downtown St. Paul. • The development would be surrounded by Fish Creek Regional Park (130 acres) and be located near Caver Crossing (27 acre open space site) located just north of Carver Avenue and west of 1-494. • Many residents in southern Maplewood also utilize Carver Lake Park which is owned and managed by the Woodbury Parks and Recreation Department. This park offers public swimming on Carver Lake, expansive trails system, and picnic facilities. Because the proposed development is surrounded by several parks and open space and the development will serve senior residents, City Staff is recommending that public park land not be pursued in lieu of park dedication fees. City staff will also request that the developer meet the following conditions: 1. A tot lot be constructed for grandchildren and/or visiting children that would be a public tot lot to serve the surrounding property owners. 2. The sidewalk trail system be public and made available to the public. 3. Two areas be set aside as vista viewing points to be constructed and developed at the city's expense at a future date. 4. Trail access be afforded to Fish Creek Regional Park for the residents within the proposed development. City staff will also recommend to the Parks and Recreation Commission that a minimum of one- third of the park dedication fees collected as part of this development be allocated south of Mailand Road in southern Maplewood. Maplewood residents have the opportunity to be involved with park related decision by attending and participating in both the City of Maplewood Park Commission and City Council Meetings. 9. See response to comment number 3 above. 10. The estimates presented in the EAW are based on the best available information at this time. Please refer to responses to comments numbers I and 2 above. 11. As stated at the public meeting: The development will generate significant increase in property value and thus new tax value. The decision on how to use those new taxes falls entirely with the City Council determining a city-wide need. 12. At present, the City has nothing specifically planned for this area. There could be several spot sights that connect to the piping under 1-494, but the City does not proposed to extend sewer south along Sterling for at least 10 to 20 years. 13. See responses to Washington County's comments I and 2 (Revised Traffic Analysis). Ron Cockriel and The Sons and Daughters of Highwood (April 11, 2006) The City requirements for storm water control are quite stringent and exceed the current watershed standards. The problem with the Fish Creek project in 2005 was that wetland restoration work was underway when a protective dam failed and washed debris into the Creek. 2. As stated in the EAW; "At this time, there have not been development plans discussed or proposed on the east side of 1-494. A review of the City's Comprehensive Sewer Plan and the topography in the area was completed to determine the most economical and environmentally sound way to serve this portion of Maplewood. The option of crossing 1-494 was suggested in the City's Comprehensive Sewer Plan. When development plans are proposed, east of 1-4949, and south of Fish Creek, the required environmental review process will be completed to assess the environmental impacts of the proposed development. " The City does not have plans to extend sewer south along Sterling Street for at least 10 to 20 years. 3. The proposed project site includes four wetland complexes covering 7.32 acres of the site. During the development of the site plan, revisions to the plan were specifically made to avoid and minimize impacts to area wetlands. The current plans impacts 0.2 acre of wetland, that will be mitigated on site with 0.43 acres of new wetland. This replacement is 212 times the area of the existing wetland and exceeds the required 2 to I replacement ratio. Additionally, the project proposer has agreed to features that will provide for future enhancement of the existing wetlands. The City of Maplewood requires a 25-foot-wide no disturb buffer area around Class Four wetlands and a 10 -foot wide no-disturb buffer around Class Five wetlands. The current plan show a 50-foot wide no disturb buffer around the three northerly wetlands on the project site. This exceeds the 25- foot and 10 -foot wide city buffer requirements for these wetlands. As part of the wetland conservation act permit application, the applicant will provide the required wetland sequencing information. 4. The referenced oak tree in question is outside the proposed project area, and will therefore not be impacted by this project. See response to Mark Bonitz comment number 5. 6. See response to Matt Ledvina comment number 2. 7. See responses to Washington County's comments I and 2 (Revised Traffic Analysis), Fran and Vickie Meyer (Submitted at March 30, 2006 Public Meeting) The overpass at 1-494 just east of the proposed access provides some limitations as to how the turn lanes can be introduced at the access to the development. Carver Avenue will have to be widened both to the north and south in order for the westbound left turn lane to be added. Since there is a right-turn lane, the majority of the widening will occur on the south side of Carver Avenue. The roadway will be striped to provide smooth transition through this area so that the through lanes of traffic are not forced into a turn lane. See the conceptual intersection layout included at the end of this section. Greg Miller (Submitted at March 30, 2006 Public Meeting) 1. Current plans do not call for a connection to Dorland from/to the proposed development. Attachments to Response to Comments Section • March 30, 2006 Public Information Open House Sign In Sheets (3) • Ramsey-Washington Metro Watershed District Letter, April 25, 2006 • Revised Figure — Site Traffic Distribution • Revised Figure — 2010 Projected Conditions (AM Peak Hour Trips) • Revised Figure — 2010 Projected Conditions (PM Peak Hour Trips) • Revised Table — Updated Proposed Development Trip Generation • Table — McKnight Road/Carver Avenue Intersection • Table — Carver Avenue/Sterling Street Intersection • Table — Henry Avenue/Carter Avenue, One-Way Stopped Control • Table — Sterling Street/Bailey Road Intersection, AM Peak Hour • Table — Sterling Street/Bailey Road Intersection, PM Peak Hour • HCM Unsignalized Intersection Capacity Analysis (2010 AM and PM Peak Hour) • Figure — Carver Crossing — Cross Section Topography • Figure — Carver Crossing — Sections/Elevations • Concept Layout, Carver Avenue Turn Lanes COMMENT LETTERS Comment Letters Received From: Minnesota Department of Transportation (April 6, 2006) Minnesota Department of Natural Resources (April 12, 2006) Minnesota Pollution Control Agency (April 10, 2006) Metropolitan Council (April 7, 2006) Washington County (April 5, 2006) Minnesota Center for Environmental Advocacy (April 7, 2006) Terry and Linda Baumgart (March 29, 2006) Sue Schlomka (April 7, 2006) Matthew Ledvina (April 10, 2006) Mark Bonitz (April 11, 2006) Ron Cockriel and The Sons and Daughters of Highwood (April 11, 2006) Fran and Vickie Meyer (March 30, 2006) Greg Miller (March 30, 2006) Comment Letters Received Following the Close of the Comment Period U. S. Army Corps of Engineers (April 24, 2006) FINDINGS OF FACT Project Description The proposed project is located just west of 1-494 and south of Carver Avenue in the southern part of the City of Maplewood. The proposed project is a senior housing development that will include up to 299 residential units. The proposed development would provide better coverage of senior housing across the City of Maplewood. The planned maximum density of the development is approximately 4.1 units per acre. Senior residents will be able to choose from detached homes, attached townhomes, and condominiums. Residents must be 55 years of age or older. The total study area is 73 acres. The development will occur on 70 acres of private land. A three acre parcel that runs through the middle of the study area and includes Fish Creek has also been included in the study. This parcel is included so that impacts on Fish Creek and the steep slopes associated with the creek can be assessed. The three acre parcel is owned by Ramsey County Parks and Recreation. The construction associated with the proposed development is expected to continue over several years. Construction activities will include grading, infrastructure installation, and construction of the residential units. The required project infrastructure, including utilities, roadway, and storm drainage facilities are planned to be completed in approximately one year. This schedule will reduce the duration of site construction and allow the site to be seeded which will reduce erosion and associated potential impacts to the adjacent wetlands and Fish Creek. For purposes of representing potential traffic issues for the Traffic Study, development is assumed to be completed in five years, or the end of 2010. The construction of the residential units will be market driven and is anticipated to last between three and five years. Construction activities are projected to begin in 2006. Criteria to Decide if the Project has Potential for Significant Environmental Effects Criteria A: Type, Extent and Reversibility of Environmental Effects According to Minnesota rule 4410.1700 Subp. 7(A), the first factor the City must consider is the "type, extent, and reversibility of environmental effects." The City's findings are set forth below. 1. Project Site. The majority of the property has been privately owned prior to the purchase by CoPar Development LLC. Until recently, parts of the property were used for agricultural purposes. The aerial photos show little change to the subject property between 1937 and 2003. Recent aerial photos show that the land has returned to a natural state and no agricultural cultivation has occurred. 2. Fish, Wildlife and Ecologically Sensitive Resources. The proposed project would convert 32.1 acres of grassland to impervious surface and urban landscaping. The project site currently includes 26.0 acres of woodland. The project would change 15.4 acres of wooded area. A tree preservation plan has been completed by the project proposer, and would include the planting of 624 trees to meet and exceed the City's Woodlot Alternative Permit requirements. The proposed project would impact 0.2 acre of wetland (7.3 total acres of wetland on the project site). Wetland mitigation includes the creation of 0.43 acres of new wetland on the project site (exceeds required 2 to I replacement ratio). Based on the Minnesota Natural Heritage Information System database, there are no known occurrences of rare species within the project site boundaries. The majority of documented occurrences are located to the west of the proposed site, and is near the Mississippi River. During review of the project at the Planning Commission meeting (May 15, 2006) a request was made to provide additional information regarding the specific impacts to wildlife associated with the proposed action. The following paragraphs provide "adaptability" information regarding mammal species typically found in grassland/woodland areas. As stated on the MnDNR website, white-tailed deer "adapt well to most surroundings". White tailed deer live in prairies, forests, swamps, wood lots and agricultural fields. They are considered an "edge species". In other words, they prefer cover types which edges often provide (e.g. open space/wooded cover) They are common in both suburban and rural areas. Based on the availability of surrounding open space, and land used specifically for deer management, the proposed action is not anticipated to result in significant impacts to the existing deer population. Raccoons are another wildlife species known on the project site. Raccoons are excellent climbers and swimmers, and are known to thrive in almost any environment. Similar to the deer population, due to their adaptability, and availability of surrounding undeveloped land, it is not anticipated that the proposed project would significantly impact the existing raccoon population. As the project site includes public land, and there is surrounding open space/public land, the development of the site is not anticipated to cause substantial impact on wildlife populations. 3. Water Resources. As noted above, the proposed project will impact 0.2 acre of wetland. Wetlands will be mitigated on site at a minimum 2:1 replacement ratio as required under Wetland Conservation Act Rules. Specifically, Wetland 3 will be expanded to the northwest, resulting in an additional 0.43 acre of on-site wetlands. The proposed mitigation exceeds the 2 to I replacement ratio. 4. Water Use/Water Surface Use. The proposed project will not increase the number of watercraft on any waterbody in the vicinity of the redeveloped area. The Phase I ESA completed for the project identified two private wells on the project site. These wells have been sealed and abandoned by a licensed contractor. No new water wells will be installed as part of this project. The proposed development will utilize the City's public water supply system, which is owned by St. Paul Regional Water Services. An 8-inch watermain will be installed along all roadways within the development to serve the residential units and for emergency services. An 8-inch watermain will be installed from the end of the existing watermain on Heights Avenue to Henry Road. 5. Water-Related Land Use Management Districts Originally there was a 100-year floodplain located within the proposed construction limits that would potentially be impacted by the project. The floodplain is located near Fish Creek. As there is a significant change in grade, the developer applied for a Letter of Map Amendment (LOMA) to amend the FIRM. FEMA has issued a LOMA (removal of portion of property from the special flood hazard area) for the area in question (March 16, 2006). The entire project is located in the Mississippi River Critical Area Corridor (MRCAQ, in an area designated as an "Urban Diversified District". Policies for this area include: inform the MnDNR on potential changes and development applications, ensure any development and construction reduces and improves the quality of runoff, ensure that future development and construction in the Critical Area will meet or exceed the development standards set by City ordinances and policies, and require that all new development minimize adverse effects and maximize all possible beneficial effects. Based on the findings presented in the EAW, and supplemental information presented in this document, the proposed action is consistent with these goals and the policies. The proposed project is located within a shoreland zoning overlay district of Fish Creek. Based on the preliminary plans for the project, development activities would be outside the required 50 foot setback from the OHW. 6. Soils, Erosion and Sedimentation There are steep slopes on the proposed site, particularly along the banks of Fish Creek. Best management practices (BMP's) will be employed to minimize erosion and sedimentation during construction. A National Pollutant Discharge Elimination System (NPDES) permit will be obtained from the MnPCA prior to the start of construction to ensure proper temporary and permanent erosion control measures are implemented. 7. Water Quality - Surface Water Runoff. The proposed storm drainage system includes a series of rain gardens and permanent dual purpose detention basins (PDPB's) to address the stormwater treatment and rate control requirements for the project. The following Permanent Dual Purpose Basin (PDPB) Data Schedule details the required and proposed infiltration volumes for each of the PDPB's. Required infiltration volumes have been determined based upon the City of Maplewood's "Environmentally Enhanced Storm Water Practice Work heet. " As shown on the table, all of the PDPB's meet the City's infiltration volume requirements. Overall, the required infiltration volume is 69,059 cubic feet, and the proposed PDPB's include a total infiltration volume of 99,663 cubic feet. PERMANENT DUAL PURPOSE BASIN DATA SCHEDULE PDPB 101 PDPB 102 PDPB 103A PDPB 103B PDPB 104 PDPB 105 CATCHMENT AREA (ACRES) 17.61 14.42 3.89 0.98 2.06 2.12 PERCENT IMPERVIOUS 45 34 76 51 82 65 INFILTRATION VOLUME REQUIRED* (CF) 26,415 18,926 10,892 I 1,764 5,974 5,088 INFILTRATION VOLUME PROPOSED" (CF) 42,427 22,520 11,630 2,004 12,022 9,060 BASIN BOTTOM ELEVATION 870 870 862 864 880 876 2 YEAR HIGH WATER 8721 872.8 865.9 866.3 882.1 878.3 10 YEAR HIGH WATER 873.7 874.1 867.8 866.9 882.8 880.1 100 YEAR HIGH WATER 876.7 875.0 1 868.3 867.3 883.8 881.6 DISCHARGE RATE - 2 YR 0.05 0.04 1 0.76 0.46 0.06 0.00 EVENT (CFS) RATES EXISTING CONDITIONS CFS PROPOSED CONDITIONS (CFS) DISCHARGE RATE - 10 YR EVENT (CFS) 1.99 1.52 1.50 2.76 0.68 0.00 DISCHARGE RATE - 100 YR EVENT CFS 4.46 15.99 21.38 4.71 1.18 0.69 INFILTRATION CAPACITY * ** (EVENT 2.75" 2.50" 1.25" 2.00" 2.50" 2.50" TOTAL INFILTRATION VOLUME REQUIRED* = 69,059 CF TOTAL INFILTRATION VOLUME PROPOSED ** = 99,663 CF * INFILTRATION VOL UAIE REQUIRED HAS BEEN CALCULATED USING THE " ENVIRONMENTALLYENHANCED STORMWATER PRACTICE WOMSHEET" AS REQUIRED BY THE CITY OF MAPLEWOOD. * THE INFILTRATION VOLUME PROPOSED HAS BEEN CALCULATED USING THE STOP- WWATER MODELING SOFTWARE "HYDROCAD "IN CONJUNCTION WITH THE OVERALL STOP_WWATER MANAGEMENT SYSTEMIN ACCORDANCE WITH THE CITY OF MAPLE WOOD. * ** THE SPECIFIED EVENT IS THE TYPE II - 24 HOUR EVENT USING SCS TR -20 RUNOFF METHOD. The proposed stormwater system will result in a reduction in the runoff rate for the after conditions. The following Comparison of Existing and Proposed Discharge Rates table details the existing and proposed discharge rates for the 2 -year, 10 -year, and 100 -year storm events. COMPARISON OF EXISTING AND PROPOSED DISCHARGE RATES EXISTING CONDITIONS CFS PROPOSED CONDITIONS (CFS) DISCHARGE POINT 2 -YR 10 -YR 100 -YR 2 -YR 10 -YR 100 -YR CENTRAL WETLAND 7.42 7.73 7.96 7.30 7.59 7.95 FISH CREED - NORTH 1.31 6.83 15.01 0.06 1.05 2.97 FISH CREED - SOUTH 3.18 18.24 41.88 3.16 10.37 21.27 OFFSITE NORTH 0.90 4.46 9.69 0.71 2.33 4.79 OFFSITE SOUTHWEST 3.27 17.94 40.15 0.65 7.43 20.10 The net effect of the proposed stormwater system will be to reduce phosphorus and total suspend solids discharges from the site. A letter from the Ramsey - Washington Metro Watershed District (April 25, 2006) regarding their comments on the project is included at the end of the Response to Comments section. In the referenced letter, the Watershed District has requested that "Permanent Dual Purpose Basin (PDPB) 102 be rerouted to the central wetland on the north side of the project instead of connecting directly to the Fish Creek Piping System." The developer has agreed to this plan revision. 8. Water Quality - Wastewater. Wastewater will consist of typical domestic wastes associated with a residential development. Proposed 8 -inch sanitary sewer lines will be constructed throughout the proposed development to provide sanitary sewer service. An 8 -inch sanitary sewer stub will be constructed east of the proposed lift station to accommodate future development on the east side of I -494. There are no definite plans for development to the east of 1-494 at this time. 9. Groundwater — Potential for Contamination. There are no known sinkholes, shallow limestone foundations, or karst conditions on the project site. From the map "Sensitivity of the Prairie Du Chien-Jordan Aquifer to Pollution", the site is located in an area with low to moderate ratings. Estimated travel time from water borne contaminants at the land surface to reach the aquifer varies from years to a century, depending on the specific location. 10. Solid Waste. Construction and operation of the proposed property is anticipated to generate standard municipal solid waste. 11. Traffic. As part of the initial analysis, the trip generation for typical single-family detached homes and senior adult housing - detached home were compared to estimate the reduction in trips for a senior development. This comparison showed that a reduction in trips between 47 and 65 percent for the AM perk hour, PM peak hour, and the daily trip generation would be likely. That is the reason a 50 percent reduction was used to estimate the trip generation in the EAW. Additional dialog with Washington County Staff has occurred since the completion of the EAW and based on their comments, as well as the comments received by Ramsey County, the apartment trip generation was modified. The original 50 percent reduction was reduced to a 25 percent reduction for the apartment trip generation. This modification was made to help ensure that the traffic impacts were conservatively assessed. Additional concerns from the Planning Commission resulted in another revision to the traffic analysis. This revision assumes no reduction in trips for the apartment trip generation portion of the senior housing development. The traffic analysis has been updated to reflect this increase in traffic. The site trip distribution map caused some confusion because some of the percent distributions were not listed on the figure. This figure has been updated. The previous analysis assumed that 30 percent of the traffic would travel south to the Interchange of TH 61 and 1-494. This traffic was split between Point Douglas Road and Sterling Street. Fifteen percent of the site traffic was distributed to the north via Carver Avenue to Century Boulevard. After further discussion with Washington County the percentage of site trips using Point Douglas and Carver Avenue were decreased by 5 percent each. The 10 percent of trips that used those roads were rerouted to the south on Sterling to obtain access to the TH 61 and 1-494 Interchange. The traffic analysis has been updated to reflect the impacts of the changes in the site traffic trip distributions. The updated analysis is included at the end of the Response to Comments section. The traffic analysis using a more conservative trip generation number and an increased trip distribution to/from Sterling Street did not significantly change the traffic results. There was no significant change in the approach level-of-service values at any of the intersections included in the original analysis. The delay on the southbound approach to Sterling Street did not increase and remained similar to the no build conditions. Therefore, the mitigation measures presented in the original EAW are still recommended and no further mitigation measures are recommended. 12. Air Quality. The proposed project would not adversely impact air quality conditions. 13. Adverse Visual Effects. Temporary visual impacts may occur during the construction period with the presence of heavy machinery and equipment. The visual environment of the project site will change as a result of the proposed project. Residential buildings will be visible from Carver Avenue and 1-494. The proposed realignment of Henry Lane has been shifted approximately 50 to 100 feet to the west (from proposal included in the EAW) to minimize visual impacts to existing residents to the north of Carver Avenue in this location. In effort to screen potential visual impacts associated with the proposed action, the landscaping plan for the project should be developed to provide screening in three particular site areas, as noted below: the east side of the site (near 1-494) the west side of the site (near Heights Avenue) the front yard of the property at 2445 Carver Avenue 14. Noise. The traffic volumes generated by the proposed project are not expected to be at levels that would result in a measurable increase in noise on surrounding neighborhoods. 1-494 is located on the east of the proposed project site. Existing noise levels are above and projected to be above state standards throughout a significant portion of the proposed development. This is not uncommon for suburban developments located adjacent to major roadways, such as 1-494. The proposed residential units will be designed to minimize noise impacts by providing climate-controlled units and increasing wall insulation. . These specific requirements to mitigate noise impacts from 1-494 will be defined in subsequent building permit submittals to the City. In addition, any outside common areas, and/or decks/patios for the two condominiums will be located on the west side of the buildings. The final landscaping plan for the proposed project will also focus on concentrating tree plantings along with eastern edge of the project site, to the extent possible. Based on the findings from the noise analysis, the mitigation measures incorporated into the overall site plan, and the building requirements to reduce noise, the City has determined that "reasonable measures" have been incorporated into the proposed development. The City of Maplewood will continue to work with the developer during subsequent stages of the development review process to determine the feasibility and the effectiveness of additional noise mitigation measures to the west of 1-494. This analysis will take into account the final site layout, site topography, and noise mitigation associated with the proposed landscaping plan. (e.g. natural berms and trees). 15. Compatibility with Plans. The City of Maplewood's comprehensive plan will need to be amended. This would change the land use designation within the project area from R -1 single dwellings to R- 3(L) multiple dwellings. The City will require a CUP for the PUD. 16. Cultural Resources. A Cultural Resource Assessment and Phase I Archaeological Survey were completed on the project site. The Phase I survey indicated that there are areas on the site that exhibit a high potential for containing intact archaeological resources. The development plans have been developed to avoid any archaeological sites within the project area. Criteria B: Cumulative Potential Effects of Related or Anticipated Future Projects According to Minnesota Rule 4410.1700 Subp. 7(B), the second factor the City must consider is the "cumulative potential effects of related or anticipated future projects". The City's findings are set forth below. The EAW addresses potential environmental effects related to all stages of the proposed project. There are no future defined projects anticipated in the project area. Criteria C. Extent to Which the Environmental Effects are Subject to Mitigation According to Minnesota Rule 4410.1700 Subp. 7(C), the third factor the City must consider is the "extent to which the environment effects are subject to mitigation by ongoing public regulatory authority." The City's findings are set forth below. The following permits and approvals are required for this project: UNIT OF TYPE OF APPLICATION STATUS - GOVERNMENT State Minnesota Pollution National Pollution Discharge To be applied for Control Agency (MPCA) Elimination System Permit General Stormwater Permit To be applied for Extension of Sanitary Sewer To be applied for Minnesota Department of Abandonment of Water Well In Process Watermain Extension & Testing To be applied for Health Minnesota DNR Groundwater Appropriation To be determined Permit Development Review (30-day To be submitted minimum before City takes action on development n) Minnesota Department of Approval of storm sewer To be applied for Transportation revisions Mn/DOT Drainage permit To be determined Mn/DOT ROW Permit To be determined Regional Ramsey-Washington Metro Grading and Erosion Control To be applied for Watershed District Permit UNIT OF TYPE OF APPLICATION STATUS - GOVERNMENT Metropolitan Council Comprehensive Guide Plan To be applied for Change Connection Permit - Sanitary To be applied for I Sewer Service Connection Local City of Maplewood Plat Approval To be applied for Comprehensive Plan To be applied for Amendment Mississippi River Critical Area Amendment To be applied for Planned Unit Development To be applied for Approval Site Plan Review To be applied for Grading, Excavation, and To be applied for Foundation Permits Building Permits To be applied for Utility Permits To be applied for Environmental Determination In Process Ramsey-Washington Metro WCA Wetland Permit To be applied for Watershed District Flood lain Review To be submitted The potential environmental effects associated with this project are less than significant and will be mitigated in accordance with applicable rules and regulations. The City of Maplewood therefore finds that the potential environmental effects of the project are subject to mitigation by ongoing public regulatory authority and an EIS need not be prepared. Criteria D: Extent to Which Environmental Effects can be Anticipated and Controlled According to Minnesota Rule 4410.1700 Subp. (D), the fourth factor the City of Maplewood must consider is the 'extent to which environmental effects can be anticipated and controlled as result of other environmental studies undertaken by public agencies or the project proposer, or of EIS's previously prepared on similar projects. The City's findings are set forth below: 1. The proposed project is similar to other development projects within the metropolitan area. Other projects of similar scope have in general, successfully mitigated on and off-site environmental impacts. 2. The EAW, in conjunction with this document, contains or references the known studies that provide information or guidance regarding environmental effects that can be anticipated and controlled. 3. An EIS is not necessary for this project. 4. In light of the results of the environmental review and permitting processes, the City of Maplewood finds the environmental effects of the project can be adequately anticipated and controlled. I I CK!] N IZl7 a 7 ECG l o] A RESOLUTIONAPPROVING NEGATIVE DECLARATION Carver Crossing of Maplewood Project City of Maplewood, Minnesota WHEREAS, CoPar Development LLC is the proposer of the Carver Crossing of Maplewood Project; a senior housing development with up to 299 units on approximately 70 acres of land; and WHEREAS, the general boundaries of the Carver Crossing project can be described as 70 acres of land to the west of 1-494 and south of Carver Avenue; and WHEREAS, the City of Maplewood is the Responsible Governmental Unit (RGU) pursuant to Minnesota Rules Part 4410.0500; and WHEREAS, the EAW was prepared using the form approved by the Minnesota Environmental Quality Board for EAW's in accordance with Minnesota Rules 4410.1300; and WHEREAS, in accordance with Minnesota Rules 4410.1500, the EAW was completed and distributed to all persons and agencies on the official Environmental Quality Board distribution list; and WHEREAS, the notification of the EAW was published in the Minnesota EQB Monitor on March 13, 2006; and WHEREAS, the public review and comment period remained open until April 12, 2006; and WHEREAS, a public informational meeting was held for the project on March 30, 2006 in the City of Maplewood; and WHEREAS, the comments on the EAW were received and responded to; and WHEREAS, the draft Findings of Fact/Response to Comments document was reviewed at the May 15, 2006 City of Maplewood Planning Commission meeting: and WHEREAS, the draft Findings of Fact/Response to Comments document reviewed by the Planning Commission has been revised to reflect clarification/revisions to specific impact analyses; and WHEREAS, the City of Maplewood Planning Commission recommended a Negative Declaration determination for the proposed action evaluated in the EAW; and WHEREAS, the proposed project under evaluation in this EAW reflects a worst case level of analysis in terms of density of residential development; and WHEREAS, the record considered by the City Council for purposes of its decision herein consists of the EAW, related reports and analysis, the comments received thereon, and the responses to such comments, all of which are incorporated herein and made a part of this decision; and WHEREAS, the proposed development will undergo subsequent reviews and required approvals associated with permits identified in this document; and WHEREAS, the City of Maplewood will work with the developer to determine the feasibility and the effectiveness of additional noise mitigation to the west of 1-494; NOW, THEREFOR BE IT RESOLVED by the City Council of the City of Maplewood, acting with respect to the Environmental Assessment Worksheet for the Carver Crossing Project of Maplewood, that it finds and concludes the following: I The EAW as prepared in compliance with the procedures of the Minnesota Policy Act and Minnesota Rules, Parts 4410. 1000 to 4410.1700; and 2. The EAW satisfactorily addressed all of the issues for which existing information could have been reasonably obtained; and 3. The Findings of Fact contained in Exhibit A (attached) are made; and 4. Based on criteria established in Minnesota Rules 4410.1700, and the Findings of Fact, the Project does not have a potential for significant environmental effects; and 5. An Environmental Impact Statement is not required, and the City of Maplewood therefore makes a "Negative Declaration". Adopted by the City Council of the City of Maplewood, Minnesota this 12 day of June, 2006. LEWIS ST, NAPOLEON r E R. YARMN PL wARNER AVE ,ON CORD PL Eye Lak 4r i A K R I D "A t At H A HNNTINCTON '-\T 1 5 , ZN LIN �E AVE, IN w 0 9D f:I WX PLE EA_ RN MAT T _P0 n0j_ Fl. 30,954 LA ty I L L 1,11 w C, T IT ------------- CT PHILIS r'T A rA E _7 V-Ltf`/�� S� A VIALL, W -x LEVI I T �_L�r I- I - 1111-11 C CI, I V --- -- L AVE > I RT CEIR AI DIED, -T E E"A ✓ "Am L L- "t 'E;E L AVE, NI, A &�'l H A zl' o IIAN HEl(, L E vNN CT 1, 1, A 4 9 Cary t"'10 k' La CT B' "I' - -- - - - --------- . ....... AVE: -D if 1� ... ...... . SNO""IHOE I'T: AVE, ' II I r"'ERVER A OVE LLJ TE j DUNSHEATH R1,17> A\L'Nl E > <E lt,E� 1 'z T A 24 E ?6 2A51 J�I <) r. R 1 a Lake X!� NEWPORT 1990 POP. 3720 49 C D EMETERY I > I ST i .> ........... wi A� ,T N > I 'S T ­K <1 A t �' 1 T, It A R A t T t co Kimley-Horn and Associates, Inc. I CARVER CROSSING OF MAPLEWOOD I PROJECT LOCATION MAP FEBRUARY 2006 FIGURE . .............. ............ IT E Nil SOU T1 S T. i ST A PAUL 'N 1990 POP, 20,197 I,\ D, S T R 1 a Lake X!� NEWPORT 1990 POP. 3720 49 C D EMETERY I > I ST i .> ........... wi A� ,T N > I 'S T ­K <1 A t �' 1 T, It A R A t T t co Kimley-Horn and Associates, Inc. I CARVER CROSSING OF MAPLEWOOD I PROJECT LOCATION MAP FEBRUARY 2006 FIGURE Agenda Item L5 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Valley View Avenue Drainage Concerns, City Project 05 -36 — Receive Engineering Report on October 415, 2005 Storm Event and Authorize Funding for Improvements and Property Owner Settlement Agreements DATE: June 6, 2006 INTRODUCTION During the storm of October 4 -5, 2005, a couple of properties on Valley View Avenue experienced property and home flooding. Preliminary discussions indicated a blockage of the outlet caused a backup in the area. Some long term maintenance activity and improvements may be needed to insure the blockage does not occur again. The Council authorized an investigation on November 14, 2005. A report from the engineering on that investigation and settlement agreements with some of the property owners are proposed for approval. Background While the October 415 storm was close to a 100 -year event, our systems are designed to handle these types of events without danger to structures. These homes have experienced previous close calls and some evidence of grading in the ponding area in the early 1990's warranted investigation. Our system should have handled this event without any danger of flooding. The rainfall ranged from 4.5 to 6 inches within a 4 -7 hour period. Typically a 100 -year event is defined as 5.9 inches of rainfall over a 24 hour period. However, we attempt to design a system with 2 -3 feet of safety for homes, so this October event exceeded our system. The property owner's damage claims have been reviewed by our insurance adjustor. A copy of the letters to the residents are attached. The insurance adjustor has denied all liability on behalf of the City. Our past practice has been to offer property owners cleanup assistance to a maximum of $1,500.00 from the Environmental Utility Fund to assist property owners, even if the insurance adjustor finds no liability. Two of the property owners have signed agreements accepting this settlement. The third continues to consider their options for claims against the City. Council should resist discussing the Blomquist issues due to the potential for future litigation. The engineering report (copy attached) will be presented to the City Council at this meeting. The engineer will present the findings and recommendations. The recommendations include the installation of some structures to reduce the likelihood of future blockages within this system. Major improvements are not recommended until the entire street system is reconstructed in future years. We are proposing to proceed with the structures and ditch regrading recommendations. Budget Impact This was not a budgeted item within the Environmental Utility Fund. It is proposed to transfer $50,000 to a project fund and authorize the City Engineer to have our consultant prepare documents for the installation of the grading project and the outlet enhancements. This expense will increase the need to increase the Environmental Utility Fee in 2007. RECOMMENDATION It is recommended that the city council authorize the City Engineer to direct the City consultant to prepare plans and to implement a drainage improvement at Valley View Drive as itemized in the engineering report for City Project 05 -36, and direct the Finance Director to transfer $50,000 from the Environmental Utility to the Project Fund. Attachment: 1. Hydraulic Investigation of October 415 event 2. Letters to Residents from Allied Adjustors 3. Resident Settlement Agreements ��N0 -����� MEMORANDUM TO: Chuck AJd,PE City of Maplewood EB(]M: Dan Cuzunooi,PE Ron Leaf, PE SEll Water Resources DATE: April j,20U6 RE: Valley View Avenue Hydraulic Investigation Evaluation o[ the Storm Drainage System and the October 4 and 5 m ,20O5,Storm Event SE0No. .0U City No. U5-36 Background and Scope � As result �� estimated 4.2-inch rainfall event nf�� � and 5th, 2005, localized flooding was reported at three Maplewood properties along Valley View Avenue (2541, 2532, and 2544) as shown in Exhibit |. Tboun bouauu are located close to one unu1bcr near x kn* point in Valley View. The 2541 property is located on the north side of Valley \/ievv and the n/otm. level in the pond to the uodb was ncpndod to have exceeded the elevation of the backdoor threshold at elevation 1003.57. The other two properties are located on the south side of the road and the vvotcr level in the pondhnz area 10 the south was reported to have exceeded the lower rim of the back window on both homes. The elevation of these npcuioga is 1007.49 and 1007.87, for address 2532 and 2544, respectively. As Lo the storm event, the City conducted some maintenance of the outlets for both ponding urnuo. The City then initiated this study, with the goal to evaluate options available for improving the drainage system so that future flooding 0000rrrucca are reduced oreliminated. The upcoifin scope of this investigation was to complete n hydrologic/hydraulic ovo1no1inu of the expected and mbaco/cd water levels io the two ponds during the October 2005, storm event, and to recommend conceptual system improvements. luznrovouzoni o:oouzuzuudatioua were to consider storm ovoota of the magnitude experienced in October 2005, as well as an extreme event (on the order of 10 inches) in order to evaluate the |ocobon(o) and effectiveness o{ emergency overflow areas. Drainage System Description /\ simplified hydraulic model was developed using the XP-SWMM hydraulic model along with infomnatiou from field surveys, topographic maps, soils data, and aerial A site investigation was also performed on January 18 2000, by Dan Cxzuuuoli Iluocd on this preliminary ouuk'oia, the localized flooding, problems opponz to be related, directly and indirectly, to the water kvc| in the north pond (Pond 9|4l). The m9utcon description, modeling assumptions, analysis and finding are discussed iu more detail in the {h|lovviog acobonu. Data presented inTable | summarizes the modeling data for the dkoioogr urrum contributing to the yy*cnu analyzed. As shown in Table l, pnud 9141 drains u total area of approximately 38.6 ooroa. Exhibit l illustrates the l0001iuuo and hydrologic routing of these drainage areas. Short Elliott Hendrickson /mc.zsasva "aisconteronv*.st.pau/.Mwss1/oa1ys asH isan equal opportunity employer | www.,emoc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax Valley View Avenue Hydraulic Investigation SE0|No. .00 City DJn. 05-36 Table 1. Summary of Drainage Area Characteristics. Page 2 Drainage Area Description Model Index Area (acres) Area south of Highwood between O'Day and Ferndale (to Pond 9123) A 7.45 Depressed Area 1, north of Highwood and South of Valley View. B 4.65 Area drained by the two CBs at the low point on Valley View VW 2.80 Area draining directly to Pond 9141 C 7.09 Area along Ferndale indirectly draining to Pond 9141 D 7.05 Area north of Schaller indirectly draining to Pond 9141 E 5.43 1 Area along Schaller indirectly draining to Pond 9141 F 4.13 F - Total Contributing Area to Pond 9141 (North Pond) 38.6 On the north side of Valley View Avenue there isu pond labeled "9141" in the north half of Section |3 J28, R22). The pond, hereafter referred to as Pond 9141 has o 15-bnob round concrete pipe outlet onthe vvoat side and u 3 to4-kootwide ditch connecting the main pondiuA area to the outlet. On the aoolb side of \/uUoy View Avenue, there is o depression in o wooded area that collects the runoff from aovcru| backyards. The South Pond also receives the Ouvv from another depressed backyard area luou1od further south, from an 18-iocb diameter corrugated pluado pipe. An additional pond is located south of the }Iiubxnod that iu labeled `^9|23" ou the north half of Section l3J28R22). Both the South Pond and Pond 9|23 drain to the north into Pond 9l4i Pond 9l23 drains north into the South Pond through o24-bch RCP and the South Pond drains north through oul8-bzcb RCP culvert. The 18-bncb culvert increases to 21 iuobcu as it collects the Dovv from the two oo1cbbuabns located at the low point ooValley View Avenue. The l5-buh Pond 9|4l outlet connects into omuu 21-inch conduit flowing mnuVb to north on Sterling Street. At the intersection of Sterling Street and Schaller Drive, the 21 -inch conduit makes a 90-degree turn and continues westward along Schaller Drive (for approximately 1,200 feet). At the same intersection, uumtbcr l5-iochpipe draining the small depressed area connects into the main 2| -inch conduit. Modeling Analysis and Results Parts of Maplewood reported to have received o total o[4.l8 inches of rainfall during the storm of October 4to 5,20U5. This total depth ia approximately the total rainfall for o standard 24-hour,|0-yoar event rainfall with an NQCS Tvoo II aioon distribution. Some bordering communities, such as Inver Grove Heights and Woodbury reported higher rainfall totals for the aumu event (approximately 5.6 inches). The lUO-ycuc 24-hour total rnbzfbU for this area is approximately 6.0 inches. While hourly rainfall for the storm event totals were not specifically analyzed os part o[ this work, itialikely that the rainfall occurred over o shorter time period than the standard 24-hour NKC3 Tvnc ll distribution. 3hore[no it is reasonable N conclude that the October storm event was somewhat larger than u standard 10-year event. The modeling analysis was performed for both 10-year (4.2 and 100-year (6.0 inches) rainfall events using o standard N|DCS Type 11 ekxuz distribution. The modeling oomumoe no major downstream 8nvv rcabictk)ua which means no significant surcharge exists along the 21-ioch main conduit along Sterling and further downstream. Tbzco acouudms were modeled including: (u) assuming uoouol drainage conditions, with no flow zoatriodooa; (b) assuming the outlet pipe from the ounb pond were plugged to Valley View Avenue Hydraulic Investigation Page 3 SEH No. A- MAPLE0607.00 City No. 05 -36 50°% of its flow capacity; and (c) assuming condition (b) and with the channel to the outlet pipe being filled with three feet of sediment. Modeling results presented in Table 2 show that, under normal drainage conditions, the 10 -year high water level (HWL), for Pond 9141 is estimated at elevation 1002.9 and the 100 -year HWL is 1004.0. Based on the model results, the 100 -year HWL would exceed the lowest adjacent opening at 2541 Valley View by about 0.6 feet. For Pond 9123, the modeled HWLs are 1005.2 and 1006.0, for the 10 and 100 - year events, respectively. In both cases, the modeled HWLs are considerably below the lowest adjacent window well elevation. Thus, the model results would suggest that, given a 100 -year storm event, under normal drainage conditions, the two houses on the south side would not have experienced flooding problems. Table 2. XP -SWMM High Water Level Modeling Results Location Low Opening Adjacent to Pond Storm Event Normal Drainage Conditions Outlet 50% Blocked Outlet 50% Blocked, Channel with 3 -ft Sediment Pond 9141 North of Valley View 1003.57 10- r 1002.9 1003.1 1003.8 100 - r 1004.0 1004.5 1004.9 South Pond South of Valley View 1007.49 10- y r 1005.2 1005.8 1005.8 100 - r 1006.0 1006.9 1006.9 Given that the October 2005 storm was comparable in magnitude with a 10 -year storm it appears that some particular circumstance may have contributed to the reported flooding problems. Potential explanations of the reported high water levels include: 1. Partial blockage of the South Pond and Pond 9141 outlets including accumulated sediment and debris. This is not uncommon for floating debris, branches and other material to plug or partially restrict outlets over time and during large storm events. 2. Downstream flow restrictions along the main 21 -inch conduit described above. A potential cause for the flow restriction within the 21 -inch conduit could be the surcharge of the conduit due to convergence of multiple pipes at the intersection of Sterling Street and Schaller Drive and the amount of runoff generated during the storm. This explanation alone cannot account for the flooding issues on the South Pond. It could, however, explain a portion of the flooding on the north side of Valley View Avenue in Pond 9141. Based on our analysis, the explanation in item 1 appears more plausible given the field conditions. Accumulation of sediment and wooden debris around pond outlets is again a fairly common occurrence. It can happen gradually over time but plugging can also be drastically accelerated during a large storm event when unusually large amounts of sediment and debris can be entrained in the runoff. The contributions of a flow restriction along the main 21 -inch conduit cannot be excluded without further investigation. A sensitivity analysis was completed in which the cross - section areas of Pond 9141 outlet channel and the culvert under Valley View Avenue were reduced to 50% of their actual sizes as a proxy for partially blocked conditions. This simulation indicates indeed higher peak HWLs translating into more severe flooding conditions in a 100 -year storm. At the same time this modeling scenario shows that even when Valley View Avenue Hydraulic Investigation Page 4 SEH No. A- MAPLE0607.00 City No. 05 -36 the cross- section area of the culvert under Valley View is reduced, the 100 -year peak level on the south side of the street remains below the surveyed window well elevations at the houses where problems have been reported. Another sensitivity analysis was performed in which in addition to reducing the conduits cross - section areas, the channel leading to Pond 9141 outlet was modeled as if it were filled with 3 feet of sediment. The results shown in Table 2 indicate that under such conditions the low opening adjacent to Pond 9141 could be affected during a 10 -year stonn. On the south side the HWL, even in a 100 -year event, is still below the window well elevations at the houses where problems were reported. The final effort in this analysis was an evaluation of potential improvements, including the ability to install natural overflows at elevations below the lowest building elevation adjacent to each ponding area. The lowest natural ground elevation, or emergency overflow elevation, for Pond 9141 is currently 1006.2, which is roughly 2.5 feet above the lowest building opening at 2541 Valley View. The lowest overflow from the south pond is the low point of Valley View at approximately elevation 1007 ±1 foot. While it is feasible consider lowering Valley View road to provide a natural overflow between the south and north ponds, the same may not be true for the north pond overflow. The topography in the northwest portion of the north pond may allow construction of an emergency overflow, but it would require lowering 100 -200 lineal feet of Schaller Dive by up to 6 -7 feet and may also require lowering the Schaller - Sterling intersection to provide an adequate overflow. Conclusions Based on our modeling analysis and field review, we conclude the following: Under normal drainage conditions (no system blockage) and during a 100 -year rainfall event, property flooding is likely on the north side of Valley View Avenue but not likely on the south side. 2. Under normal drainage conditions (no system blockage) and during a 10 -year rainfall event, flooding is not likely on either side of the street. 3. During the October 2005 storm event, partial blockage of culvert inlets with debris and sediment likely contributed to the high water levels experienced adjacent to the north pond (pond 9141). However, other causes such as downstream restrictions due to surcharge cannot be fully excluded. 4. Modeling results assuming partial blockage between the two ponds (South Pond and Pond 9141) do not indicate that flooding problems would occur on the south side of Valley View. This implies that nearly total blockage of the culvert under Valley View Avenue occurred. Recommendations 1. Trash guards should be installed at culvert inlets to keep debris from entering the pipes. 2. The City should continue to periodically remove debris from the immediate area surrounding the outlet pipes from both ponding areas. The outlet of Pond 9141 should be converted to skimmer manhole structure similar to the typical detail shown in Exhibit 2. Elevations will need to be established following survey of the downstream manhole in Sterling Street. A larger inlet pipe (24 -30 inch) on the upstream side of the skimmer manhole would also improve the inlet hydraulics of this structure and reduce the extent and duration of flooding for a given storm event. Valley View Avenue Hydraulic Investigation SEH No. A- MAPLE0607.00 City No. 05 -36 Page 5 4. Preliminary modeling suggests that increasing the size of the 15 -inch outlet pipe (on the downstream side of the skimmer structure) would reduce the 100 -year HWL by about 0.3 feet under normal conditions. This does not appear to be significant enough to warrant replacement and of nearly 200 feet of pipe into the Sterling Street manhole, given that the potential for flooding during an extreme event would still exist. Enlargement and stabilization of the channel leading to the Pond 9141 outlet should be considered. This effort consists of excavating a wider and deeper channel in this location and stabilizing the area with rip rap or vegetation that does not restrict the channel flow capacity. An alternative to this channel improvement would be to move the outlet structure described in item 3 further to the east, thereby extending the submerged outlet pipe into the main portion of the pond. Site grading could allow removal of the beehive manhole between 908 and 916 Sterling. These options should be discussed with area residents and evaluated further as the outlet structure design proceeds. 6. The previous recommendations only reduce the likelihood of high water levels for storm events up to about the 100 -year event. An extreme event (greater depth or intensity compared to the 100 -year event) would likely result in localized flooding of the properties adjacent to Pond 9141. Because all the adjacent streets are relatively high, there is not a simple solution to creating an emergency overflow route. A couple of options do exist that would both require extensive removal and replacement of portions of Sterling Street and/or Schaller Drive. The first would be to excavate and lower Schaller to allow overland flow to route down Schaller to the west. A second approach would be to install another underground conduit that would outlet further down Schaller. do /rb1 X:AKO\ Maple\ 060700 \Valley ViewFloodingAnalysis.doc DIUSTERS April 21, 2006 Mark & Robyn Sandquist 2544 Valley View Avenue Maplewood, MN 55119 P.O. Box 583479 Minneapolis, MN 55458 (612) 766 -3700 FAX: (612) 766 -3799 RE: LMCIT Claim No. 11054492 Trust Member City of Maplewood Claimants Mark & Robyn Sandquist Date of Loss 10/04/05 Our File No. MPS44904 Dear Mr. and Mrs. Sandquist: We represent the League of Minnesota Cities Insurance Trust on behalf of the City of Maplewood. We have been investigating your flood claim, stemming from the storm on October 4, 2005. We have not to date received any indication that your flooding resulted from negligence on the part of the City of Maplewood. The flooding resulted from a one hundred year rain range, that has not previously been flooding claims. Conditions aggravated by debris that was properties during the storm. severe rainstorm in the and occurred in an area the result of prior appear to have been washed from adjacent In order to pay claims for flood damage, on behalf of the City, we must first verify the existence of negligence, which we have not been able to do. Absent negligence, we are unable to reimburse you for damages. We wish to point out that we have received allegations that the drainage ditch on the west end of the pond on the north side of Valley View Avenue was not adequate, and was subsequently redone after the storm on October 4, 2005. The City has indicated that this was not the case, although one party is still expressing the belief that there is evidence to refute the City's A Division of Berkley Risk Administrators Company LLC RE E Mark & Robyn Sandquist LMCIT Claim No. 11054492 Our File No. MPS44904 April 21, 2006 position on that, although we have not seen it. In view of these allegations, we will continue to maintain an open file, and will examine further evidence presented. As a bottom line, we are indicating a position of denial, but also indicating that we are willing to examine additional further evidence, if presented, with fresh eyes. If you have any questions regarding this letter, please feel free to call me directly at 612 -766- 3713. Very truly yours, ALLIED ADJUSTERS Robert S. Brown RSB/ ad cc: Brian Pulczinski LMCIT Claims cc: Chuck Ahl City of Maplewood 1830 East County Road B Maplewood, MN 55109 cc: Corporate for Insurance Agency, Inc. 7220 Metro Boulevard Edina, MN 55439 0 April 21, 2006 Oanh Pham 2532 Valley View Avenue Maplewood, MN 55119 RE: LMCIT Claim No. Trust Member Claimant Date of Loss Our File No. Dear Mr. Pham: P.O. Box 583479 Minneapolis, MN 55458 (612) 766 -3700 FAX: (612) 766 -3799 11054492 City of Maplewood Oanh Pham 10/04/05 MPS44904 We represent the League of Minnesota Cities Insurance Trust on behalf of the City of Maplewood. We have been investigating your flood claim, stemming from the storm on October 4, 2005. We have not to date received any indication that your flooding resulted from negligence on the part of the City of Maplewood. The flooding resulted from a one hundred year rain range, that has not previously been flooding claims. Conditions aggravated by debris that wa properties during the storm. severe rainstorm in the and occurred in an area the result of prior appear to have been s washed from adjacent In order to pay claims for flood damage, on behalf of the City, we must first verify the existence of negligence, which we have not been able to do. Absent negligence, we are unable to reimburse you for damages. We wish to point out that we have received allegations that the drainage ditch on the west end of the pond on the north side of Valley View Avenue was not adequate, and was subsequently redone after the storm on October 4, 2005. The City has indicated that this was not the case, although one party is still expressing the belief that there is evidence to refute the City's A Division of Berkley Risk Administrators Company LLC ALLIED ADJUSTERS Oanh Pham LMCIT Claim No. 11054492 Our File No. MPS44904 April 21, 2006 position on that, although we have not seen it. In view of these allegations, we will continue to maintain an open file, and will examine further evidence presented. As a bottom line, we are indicating a position of denial, but also indicating that we are willing to examine additional further evidence, if presented, with fresh eyes. If you have any questions regarding this letter, please feel free to call me directly at 612- 766 - 3713. Very truly yours, ALLIED ADJUSTERS Robert S. Brown RSB ad' cc: Brian Pulczinski LMCIT Claims cc: Chuck Ahl City of Maplewood 1830 East County Road B Maplewood, MN 55109 cc: Corporate for Insurance Agency, Inc. 7220 Metro Boulevard Edina, MN 55439 2 April 21, 2006 P.O. Box 583479 Minneapolis, MN 55458 (612) 766 -3700 FAX: (612) 766 -3799 Joe & Nancy Blomquist 2541 Valley View Avenue East Maplewood, MN 55119 RE: LMCIT Claim No. 11054492 Trust Member City of Maplewood Claimants Joe & Nancy Blomquist Date of Loss 10/04/05 Our File No. MPS44904 Dear Mr. and Mrs. Blomquist: We represent the League of Minnesota Cities Insurance Trust on behalf of the City of Maplewood. We have been investigating your flood claim, stemming from the storm on October 4, 2005. We have not to date received any indication that your flooding resulted from negligence on the part of the City of Maplewood. The flooding resulted from a one hundred year rain range, that has not previously been flooding claims. Conditions aggravated.by debris that wa properties during the storm. severe rainstorm in the and occurred in an area the result of prior appear to have been s washed from adjacent In order to pay claims for flood damage, on behalf of the City, we must first verify the existence of negligence, which we have not been able to do. Absent negligence, we are unable to reimburse you for damages. We wish to point out that we have received allegations that the drainage ditch on the west end of the pond on the north side of Valley View Avenue was not adequate, and was subsequently redone after the storm on October 4, 2005. The City has indicated that this was not the case, although one party is still expressing the belief that there is evidence to refute the City's A Division of Berkley Risk Administrators Company LLC ALLIM ADJUSTERS Joe & Nancy Blomqui_st LMCIT Claim No. 11054492 Our File No. MPS44904 April 21, 2006 position on that, although we have not seen it. In view of these allegations, we will continue to maintain an open file, and will examine further evidence presented. As a bottom line, we are indicating a position of denial, but also indicating that we are willing to examine additional further evidence, if presented, with fresh eyes. If you have any questions regarding this letter, please feel free to call me directly at 612- 766 -3713. Very truly yours, ALLIED ADJUSTERS Robert Brown RSB/ ad cc: Brian Pulczinski LMCIT Claims cc: Chuck Ahl City of Maplewood 1830 East County Road B Maplewood, MN 55109 cc: Corporate for Insurance Agency, Inc. 7220 Metro Boulevard Edina, MN 55439 2 RELEASE That Oanh Pham of 2532 Valley View Avenue, Maplewood, Minnesota for the sole consideration of one thousand five hundred dollars, ($1,500.00), the receipt and sufficiency of which is acknowledged, releases and discharges forever the City of Maplewood and the League of Minnesota Cities Insurance Trust, their agents and servants, and all other persons, associations and corporations, including their successors and assigns, from any and all actions, claims and demands including claims for contribution and/or indemnity of whatever nature arising out of an accident, casualty or occurrence which happened on or about October 4 — 5, 2005, at or near 2532 Valley View Avenue, Maplewood, Minnesota, including any consequences thereof now existing or which may develop, whether or not such consequences are known or anticipated. Further, in consideration of the above payment the UNDERSIGNED ALSO EXPRESSLY DECLARES AND AGREES: (1) That all claims, past, present or future, are disputed and this full and final settlement shall not be treated as evidence of liability, nor as an admission of liability, nor as an admission of liability or responsibility at any time or in any manner whatsoever; (2) That this full and final release shall cover and include all and any future injuries, death and/or damages not now known to any of the parties hereto but which may later develop or be discovered, including the effects or consequences thereof and including the cause of action therefore; (3) That the Undersigned will indemnify and hold harmless the parties released by this agreement against loss, including counsel fees, from any and every claim or demand of every kind and character, including claims for contribution, which may be asserted by the Undersigned by reason of said occurrence, injuries and/or damages or the effects or consequences thereof; (4) It is further understood and agreed: That the parties released admit to no liability to the Undersigned nor to anyone whomsoever. This release shall bind the signers, their heirs, next of kin, executors, administrators, successors or assigns. IN WITNESS WHEREOF, the hand and seal of the Undersigned is set hereunto this day of 2006. READ CAREFULLY BEFORE SIGNING Name Address STATE OF MINNESOTA ss. COUNTY OF ) On this day of 2006, before me personally appeared. to me personally known, and known to be the person individually or jointly described in and who executed the above instrument and who acknowledged to me the act of signing and scaling thereof. Notary Public RELEASE That Mark and Robyn Sandquist of 2544 Valley View Avenue, Maplewood, Minnesota for the sole consideration of one thousand five hundred dollars, ($1,500.00), the receipt and sufficiency of which is acknowledged, releases and discharges forever the City of Maplewood and the League of Minnesota Cities Insurance Trust, their agents and servants, and all other persons, associations and corporations, including their successors and assigns, from any and all actions, claims and demands including claims for contribution and/or indemnity of whatever nature arising out of an accident, casualty or occurrence which happened on or about October 4 — 5, 2005, at or near 2544 Valley View Avenue, Maplewood, Minnesota, including any consequences thereof now existing or which may develop, whether or not such consequences are known or anticipated. Further, in consideration of the above payment the UNDERSIGNED ALSO EXPRESSLY DECLARES AND AGREES: (1) That all claims, past, present or future, are disputed and this full and final settlement shall not be treated as evidence of liability, nor as an admission of liability, nor as an admission of liability or responsibility at any time or in any manner whatsoever; (2) That this full and final release shall cover and include all and any future injuries, death and/or damages not now known to any of the parties hereto but which may later develop or be discovered, including the effects or consequences thereof and including the cause of action therefore; (3) That the Undersigned will indemnify and hold harmless the parties released by this agreement against loss, including counsel fees, from any and every claim or demand of every kind and character, including claims for contribution, which may be asserted by the Undersigned by reason of said occurrence, injuries and/or damages or the effects or consequences thereof; (4) It is further understood and agreed: That the parties released admit to no liability to the Undersigned nor to anyone whomsoever. This release shall bind the signers, their heirs, next of kin, executors, administrators, successors or assigns. IN WITNESS WHEREOF, the hand and seal of the Undersigned is set hereunto this day of 2006. READ CAREFULLY BEFORE SIGNING Name Address STATE OF MINNESOTA ss. COUNTY OF ) Name Address On this day of 2006, before me personally appeared. to me personally known, and known to be the person individually or jointly described in and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Notary Public Agenda Item L6 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Brand Avenue Drainage Improvements — City Project 06 -15 — Resolution Receiving Report and Authorizing Project for Drainage Improvements DATE: June 6, 2006 INTRODUCTION An on -going drainage issue along Brand Avenue, north of the Nature Center, has been investigated by one of our engineering consultants. The report and a recommendation to implement the solution is recommended as a 2006 — 2007 improvement project. Authorization to proceed is requested. Discussion The City Council authorized an engineering investigation of wetland/drainage issues of the residential properties along Brand Avenue on the north side of the Nature Center. The residents contend that the waters within the Nature Center pond and the flowage within their backyards have been inappropriately impounded on their properties due to a lack of maintenance of piping and failed drainage systems. In the mid- 1990's, watershed and engineering personnel from the City disagreed with these residents on their conclusions, noting that the property was seasonally - flooded wetlands. Attached is a copy of the letter sent to the residents in August 2005 indicating the independent investigation. Also attached is the report from the consultant at SEH on the existence of the wetland and some recommendations for maintenance and drainage improvements. The consultant will be present to review his report and recommendations. Authorization to work with the consultant on a final plan and implement the project is requested. It is estimated that the improvements will cost between $50,000 and $75,000. These funds are proposed to be expended from the Environmental Utility Fund. With this expenditure and other likely expenditures need from the Environmental Utility Fund, it is highly likely a significant increase in the EUF Fee will be required in 2007. RECOMMENDATION It is recommended that council approve the attached resolution which receives the Summary Report for Brand Avenue, City Project 06 -15, and authorizes the City Engineer to implement a project solution through SEH Engineers at a cost not to exceed $75,000 with funding from the Environmental Utility Fund. Attachment: 1. Resolution 2. Summary Report from SEH 3. August 2005 Letter to Residents RESOLUTION ACCEPTING REPORT AND AUTHORIZING DRAINAGE IMPROVEMENT WHEREAS, pursuant to council direction, a report has been prepared under the direction of the city engineer, through consultant SEH,Ine., with reference to the drainage and wetland issues along Brand Avenue, City Project 06- 15, and this report has been presented to the City Council by SEH, Inc., and WHEREAS, the report provides conclusions and recommendations regarding maintenance activities and the need for local drainage improvements, estimated at $50,000 to $75,000. Ie[umnI:1a aa to] .10aaIr.4MT6]I Ia1 l nom I:1KeIo� m eIe►[ s1we ]aTra>aawaZ!7ma11LII21If 611I�ji 1. The council receives and adopts the report of SEH, Inc. on the Brand Avenue Drainage Issues and the Wetland Delineation Report for said project, City Project 06 -15. 2. The City Engineer is hereby directed and authorized to implement the findings of said report at a cost not to exceed $75,000 with funding for said expenditures to be dedicated from the Environmental Utility Fund. October 21, 2005 Mr. R. Charles Ahl, P.E. Director of Public Works /City Engineer City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Ahl: RE: Summary Report - Brand Avenue Surface Water and Wetland Evaluation Maplewood, Minnesota SEH No. A- MAPLE0604.00 As outlined in our August 29, 2005 letter agreement, SEH is submitting this letter report and accompanying Wetland Delineation Report that summarize our evaluation and findings for the Brand Avenue study area. The study area is generally bounded by Brand Avenue, Century Avenue, Seventh Street and Maplewood Nature Center. This letter report has also been forwarded to the two residents /landowners potentially impacted by this analysis and to the Ramsey - Washington -Metro Watershed District. Conclusions and Recommendations Based on our review of the pertinent data available for the study area, our analysis of the site hydrology and delineation of wetland features identified in the field, we have concluded that a portion of the area in the backyards of the residential properties along Brand Avenue is defined as wetland and is subject to periods of extended surface water ponding and/or saturated soils. The sewer and accompanying berm constructed by the City included a ditch section adjacent to the berm to help drain the surface water from the backyard areas. Our opinion and recommendations for actions are: 1. The City should initiate more aggressive and/or more frequent maintenance activities to maintain the intended function of the ditch and current drainage system culverts, focusing on the two culverts between the Nature Center wetland and the residential properties; The submerged culvert that currently runs under the Nature Center Trail system and allows the backyards to drain into the wetland should be removed. We suggest replacing this culvert with an open ditch section under a small footbridge similar to other trail sections within the Nature Center; 3. Because the outlet elevation of the Nature Center wetland (998.47) and yard elevations above the ditch section (about 998.6 to 1000.0) have little difference, the area will continue to be subjected to occasional periods of ponding above the top of the ditch section and into the yard areas. The recommendations stated in items 1 and 2 will likely reduce the frequency and duration of these occurrences for comparable runoff events, but not eliminate them. Mr, R. Charles Ahl, PE October 21, 2005 Page 2 Brand Avenue Evaluation 4. Finally, we recommend that the City complete an (updated) survey of the elevations in the ditch system in Mr. Reeve's yard, the inverts of the two adjacent culverts and the invert of the outlet from the Nature Center wetland. Because the data currently available is nearly 20 -years old, this effort would assist in determining if additional storm system maintenance efforts should be conducted. The following paragraphs further describe our evaluation, findings and basis for our conclusions and recommendations. Scope The scope of work consisted of a wetland delineation of the site and surrounding areas in accordance with standard methods and practices, an assessment of the current and historical hydrology of the area and a review of the potential impacts of physical changes in the immediate and surrounding drainage areas. We have completed a review of historic photographs of the area for the purposes of identifying historic wetland features and meteorologic cycles. Several field visits were completed along with interviews of three residents who own property adjacent to the study area. A wetland delineation report that identifies current and historic wetlands present in the area was prepared. The overall goal of this analysis was to draw conclusions and provide an independent opinion of what factor(s) may have influenced the extended periods of water ponded on the properties for several days following significant rainfall or snowmelt events. A second goal was to identify what, if any, improvements should be made to the area to correct identified physical problems with the drainage system. Analysis and Discussion Wetland Evaluation Our findings on the presence of wetland characteristics are described in more detail in the attached Wetland Delineation Report — Brand Avenue Evaluation (SEH - October 12, 2005). Our evaluation of wetland presence concludes that a portion of the residential properties in the study area contain a Type 2 (PEMB) wetland of approximately 0.75 acres in size. The wetland area is illustrated in Figure 4 of the attached report. The report also provides a summary of the activities that are allowed within the wetland area and activities that would require a permit. Activities including mowing, planting vegetation from seed, gardening and other activities are allowed. Dredge and fill activities in the wetland area will typically require a permit or approval of the Ramsey Washington Metro Watershed District (RWMWD). Dredge and fill activities include: grading; construction of buildings or structures that require grading or excavation; ditch clean out that removed soils farm the ditch bottom; excavation and installation of drainage pipes or systems that alter the site hydrology. Hydrologic and Drainage System Evaluation This evaluation consisted of review of the RWMWD Surface Water Management Plan, on -site field observations of the drainage area and system, a review of historic precipitation data, interviews with area residents on two occasions, interviews of several City staff and observation of the conditions following an October 4 -5, 2005, rainfall event that (according to the National Weather Service online data) totaled approximately 5,4 inches in this area of Maplewood. Mr, R. Charles Ahl, PE October 21, 2005 Page 3 RWMWD Plan Review Brand Avenue Evaluation According to the RWMWD Surface Water Management Plan, the study area is situated in the south - eastern portion of Drainage Area C -56 (See attached Figure 3.4 -3e from the RWMWD Plan). The predominate land use in C -56 is residential, with a few small areas of commercial and institutional along with part of Maplewood Nature Center and cemetery in the southern portion of the Drainage Area, The entire C -56 Drainage Area is reported as 181.7 acres in surface area with an estimated impervious level of 28 percent. The backyard areas along Brand Avenue are hydrologically connected to the main wetland area in Maplewood Nature Center, While more detailed drainage area delineations were not completed, the estimated direct drainage area to the backyard areas is roughly 20 acres. Some changes in land use have occurred in the direct and larger C -56 areas dating back 80 years or more and this additional impervious areas created as part of the original development in the area has likely contributed additional runoff to the C -56 wetland areas. However, our opinion is that more recent land use changes (since about the 1960 -70s) have had minimal effect on the runoff volumes to the wetland areas. On -Site Review and Resident Interviews An on -site review of the drainage system was completed on two occasions. The first was conducted on September2, 2005, along with Mr. Chris Reeves (2654 Brand Ave,). During the first visit, Mr. Reeves was interviewed to gain an understanding of the changes and conditions he has noticed in the area since he has resided at 2654 Brand (1988) and from his experience living in the area prior to 1988. The information gathered from this field visit was the background of land use in the direct area, photographs of localized flooding in the backyards, an accounting of the resident's requests for maintenance of the drainage system and corresponding City responses. Significant outcomes of this first visit include: anecdotal information that the yards had historically only had standing water for 1 -2 days following a significant rainfall or snowmelt event, then after 1 -2 days water was confined to the ditch system, finding by Mr. Reeves that the second culvert (under the Nature Center Trail) was plugged by large debris and that this same pipe is subject to plugging from ice during the spring snowmelt. A second meeting with residents was conducted on September 13, 2005. Present were Mr. Reeves, Mr. Bob Basler (2677 7`'' St.) and Ms. Rosemarie Garrity (2668 Brand Ave,). Additional historic observations were discussed along with preliminary findings of the wetland delineation field work. One item discussed in some detail was the culvert outlet form the Nature Center wetland area located southwest of the Nature Center Building near the cemetery. Historically this wetland had natural or man -made ditch system for the outlet. We are unable to accurately asses the elevation of this historic outlet, therefore, our analysis focuses on the existing culvert outlet. Mr. Reeves had previously obtained survey data from City staff on the elevations of the two culverts between his property and the Nature Center wetland and of the outlet pipe near the cemetery. These data are illustrated in the attached sketch that indicates the relative elevations in the area. Concerns were discussed related to the potential for frost heaving or tree roots raising the elevation of the outlet pipe from the Nature Center wetland. Historic Precipitation Data and Photog_raphie Record Review A review of historical precipitation trends for the Twin Cities area was completed as part of our hydrologic analysis and as a component of the wetland assessment. Raw data obtained from the State Climatology Office ( http:;�7www.climate.umn.edui ), was analyzed and plotted for the record years 1891- 2004 as illustrated in the attached figure. It is important to note that these data are taken from the official Twin Cities weather recording station currently located at the MSP International Airport and previously located in Minneapolis. Weather data show an average annual precipitation of about 27.5 inches with a range from about 12 inches in 1910 to more than 40 inches in 1911. A ten year moving average was Mr, R. Charles Ahl, PE Brand Avenue Evaluation October 21, 2005 Page 4 calculated and plotted to determine if significant trends were present in the historical data. As shown in the figure, there was a wetter than average period prior to 1920, followed by a dryer than average period between 1920 and the early 1980's. The data also show a wetter than average period from the early 1980's through present time. The long -term trends illustrated in the precipitation data generally compare well to the photographs provided by the Nature Center and residents in the area. That is, the photographs form the 1940's through 1970's generally show dry conditions in the yards of the residents along Brand and 7 There is at least one exception. A June 1996 photograph in the local newspaper shows ponding the backyard areas while the precipitation data shows a below average total for the year. This is likely due to a large storm event and/or the possibly of a plugged drainage system restricting the drainage from the yards. In 1997, a photograph form Mr. Reeves shows ponding in the backyards again, although the conditions did not persist after Mr. Reeves removed debris form the culvert system between his property and the Nature Center Wetland. There are two issues related to the ponding of water in the backyard areas: the frequency of occurrence and the duration of each event. Based on these data, our opinion is that the more frequent occurrences of ponding in the backyard areas are in part due to the wetter than average precipitation cycle the area is experiencing. The duration of the ponding likely has two components. First, the water level in the Nature Center wetland has fluctuated generally with the precipitation trends. The resulting higher water levels will have an impact on the ability of the ditch system to drain the backyard areas. The areas will still drain, but it will take longer because of the elevation of the downstream water level. Second, if the drainage system is plugged in anyway, the capacity of the system is reduced and its ability to drain in a short time period is reduced. City Staff Interview and City Data Interviews of City staff (Engineering, Public Works, Nature Center) were conducted to obtain utility and infrastructure data available for the area, an understanding of maintenance activities that have occurred in the area and the general condition of the area related to surface water and drainage. Based on these interviews and data available from City conducted surveys in the mid- 1980's, the outlet from the Nature Center Wetland at elevation 998.47 (4 -21 -1986) allows positive drainage for the backyard areas having a low point of 998.6 (7 -10- 1985). However, because this elevation difference is minimal, our opinion is that the residents should expect some short -term ponding of water following significant rainfall or snowmelt events. Because these data are nearly 20 years old, we recommend that the City survey these key drainage system elevations to determine if changes have occurred that would impact the positive drainage indicated by the 1985 -86 data. Before any subsequent work that may be desired or needed to restore or improve the drainage system, coordination with the RWMWD would be needed. Activities including dredging of the ditch, removal of the culvert and replacement with a bridge section and adjusting the elevation of the outlet pipe form the Nature Center wetland may need a permit. This letter report summarizes our evaluation activities, findings and recommendations. We are available to attend a City Council meeting to further discuss this report. If you have any question regarding this report, please contact me at 651.765.2998. Mr, R. Charles Ahl, PE October 21, 2005 Page 5 Sincerely, SHORT ELLIOTT HENDRICKSON INC. Ronald B. Leaf, PE Project Manager Sr, Water Resources Engineer Mr, Chris Reeves Ms. Rosemarie Garrity Mr. Cliff Aichinger, RWMWD Ann Hutchinson, Maplewood Nature Center Attachments 1. Figure 3.4 -3e from RWMWD Plan 2. Site Locator Map - Parcels and Contours 3. 1891 -2004 Precipitation Data 4. Sketch of Drainage System Elevation Data 5. June 6, 1996, Newspaper Article 6. Photographs (3 pages) 7. Wetland Delineation Report Brand Avenue Evaluation X:1K0'A1ap1e,0604W6ummary report Oet?005.doc n m � _..... . .... ..., ' r xt EL 4 _ n m w ° pa 3 } t y..y... C3 n v . R t t r mr ° 77--- 3 n m n s kk .rye^ ..,_ :# �y� �p�}�• -k C) m CL rt E CL e _... CL . -..... ,.._., ®... .per x i co v - a a co co Vii. 0 Em m 's Ae N Nj 'Zo 0 Em m 's Ae N Nj T - ri 4 r LA ZA. v :e 4� 7 -�2 5 'S 27 it t4 W F L F as POP 404 SIM :" Wk z i R 2 Z z f — tz w u z t = '= -- — Ze :5 X f. ; z :? f: 4 1 2 2 mm tz 2: 9 Z !7 � 5 S z . - 7. tz 25 2� f Zz -c Z: [a p m t y. ,r��; � . . . � � � . . . . a . . . . � r 2 � \� �� \ � ƒ.� � � � ,& � : �.� � ���s�. . : w . � } � . : » �� I � ^ © . »� :) ~������ ~� d \� \\�� \�� �.\ �� �� � \� 9 /��� w «,yz< . . . .. . .. ..� »«� . . . . . . . .. . � �� � � / f «� � \ \� \ � \� �� \ � ƒ.� � 9 /��� w «,yz< . . . .. . .. ..� »«� . . . . . . . .. . � �� � � / f «� August 19, 2005 Mr. Chris Reeves Ms. Rosemarie Garrity 2654 Brand Ave 2668 Brand Ave Maplewood, MN 55109 Maplewood, MN 55109 RE: Brand Avenue Drainage Issues Dear Property Owners: The City Council and staff have received your information. The following is a memorandum that I have sent to the City Council and management staff with a recommendation on the City's approach to your issues. This is provided as notice to you of our intent to investigate your issues. Either myself, one of our staff or the independent consultant will be in contact with you soon. Memo sent to City Council by Chuck Ahl on August 19: You recently received a packet of information from a Mr. Chris Reeves (2654 Brand Ave) and Ms. Rosemarie Garrity (2668 Brand Ave) regarding their belief that various departments within the City is "..in collusion.." with the Ramsey - Washington Metro Watershed District to saturated portions of their property and make them unusable. Their claim is that the purpose for the collusion is that the Park and Recreation Department has a "..vested interest in the properties for itself." This issue has many years of debate as evidenced by the correspondence presented in the packet of information dating back to 1996. There has been a claim by these residents for many years that the Nature Center Pond is rising and that a sewer berm constructed in the 1970's; causing a back -up of drainage creating wetlands on their property. Over the years, City staff and the Watershed District have not substantiated these claims. Certainly it is a low area and there are many years that the area has not been inundated; however, in wet years, this area can be flooded. Whether this occurred prior to the local improvements and the changes to the Nature Center and trail system is the basis of the questions. The property may have characteristics of a seasonally flooded wetland. To allow filing and alteration of this area would be a violation of wetland rules and laws. Mr. Reeves and Ms. Garrity have no applied for exclusion from wetland status based on a claim of alteration by the City. Additionally, Ms. Garrity has applied for a split of her property to create an additional buildable lot. As part of that process, the City staff is recommending that a drainage easement be placed on this back part of the property due to the susceptibility to flooding in wet periods. Our approach to this issue will be as follows: • We will retain an independent engineering and wetland analysis (SEH, Inc.) to review the current and historical nature of these properties. • We will inform Mr. Reeves and Ms. Garrity about this analysis and ask that they be interviewed by this consultant. • The cost of this analysis will be paid from the Environmental Utility Fund. • The results of the analysis will be provided to Mr. Reeves, Ms. Garrity and the Ramsey Washington Metro Watershed District. • If the results of the independent analysis confirm the property owner's claims, we will ask the consultant to make recommendations on improvements that the City should make to remedy the problems created. City staff will program the improvements to undo any damage created to the property. • If the results confirm that the property has had wetland characteristics for many years prior to sewer and Nature Center improvements, City staff will convey to the Watershed District our opposition to the wetland exclusion status request; and continue to pursue the easements as part of the lot split application by Ms. Garrity. Further recommendations from the consultant may include changes to maintenance activities and those will also be implemented to help the property owners. I do not anticipate that these property owners will be present at the August 22nd City Council meeting, although I am not certain of that fact. A copy of this e -mail will be mailed to Mr. Reeves and Ms. Garrity today. CITY OF MAPLEWOOD Charles Ahl, P.E. Director of Public Works /City Engineer City of Maplewood 651- 249 -2402 Agenda Item L7 AGENDA REPORT TO: Greg Coleman, Interim City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Steve Kummer, Civil Engineer II SUBJECT: Kenwood Area Neighborhood Street Improvements, City Project 05 -16: Resolution for Modification of the Existing Construction Contract, Change Order 1, 2 and 3 DATE: May 26, 2006 INTRODUCTIONtSUMMARY During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract and revising the project financing plan. Background On April 24, 2006, the city council awarded Forest Lake Contracting a construction contract for utility and roadway improvements in the amount of $4,236,756.46. The changes described in Change Order 1, 2 and 3 are described below and on the attached change order forms. • Change Order 1 ($27,649.00) o Street subgrade correction on Payne Avenue was required. Loose, wet and organic subgrade soils were encountered at two locations in Payne Avenue, north of Roselawn Avenue. In order to properly support the street in these areas, select granular borrow and gravel with geotextile fabric were brought in to stabilize the road bed. o Sanitary sewer service repair at 1973 Payne Avenue was revised to include a section of fl- inch clay sanitary sewer main. A broken wye and protruding tap were removed and a section of the sewer main was replaced with a new wye. Change Order 2 ($97,825.00) o The change to the project scope includes replacement of a 530 -foot stretch of 10 -inch clay sanitary trunk sewer along Arcade Street extending south from Eldridge Avenue, which is 10 to 14 feet deep. This particular trunk line services a predominately residential area of approximately 0.25 square miles consisting of several hundred households. The condition of this trunk line along Arcade Street is considered critical in the overall servicing of this area. Most of the pipe joints within this stretch are off -set and the pipe sags at two locations. Significant root growth has also been encountered. These problems significantly reduce the capacity of the pipe and create a condition where sewage could back up during peak flows. There are several locations where the pipe is blocked 40 to 60 %.This pipe needs to be replaced to maintain adequate service to residents. Agenda Item L7 Change Order 3 ($23,589.00) o A section of new 30 inch and 42 inch storm sewer pipe that is planned for construction along Arcade Street needs to be increased from a Class 3 pipe to a Class 4 pipe. The pipe will be buried to a depth of 10 to 17 feet under the street. Questionable soils may also be encountered and increasing the strength class of the pipe allows for greater longevity of the pipe at its proposed depth. o Change Order 3 also includes the addition of the Internal Manhole Adjustment Ring Sealing System (IMARSS) kits. These kits are used to seal the inside of manhole rings to prevent cracking and also to prevent the street from settling around manhole structures. The contractor provided a unit price in the original bid for the IMARSS, but that portion of the bid was not awarded as it was determined only a fraction of the IMARSS would be installed to gauge performance of the system prior to specifying it on all manholes. The original contract amount is for $4,236,756.46. Change Orders 1, 2 and 3 will increase the contract by $149,063.50 to $4,385,819.96. Budget Impact The additional cost for the street subgrade corrections can be absorbed into the project budget. Approval of the sanitary and storm sewer changes will require an increase in the budget by $125,000. The sanitary sewer would be increased by $101,000 and the Environmental Utility would be increased by $24,000. The approved project budget and the revised project budget are shown below. Approved Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAG Investment Inter. RWMWD EUF TOTAL $ 5,200,000.00 RECOMMENDATION Proposed Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAG Investment Inter. RWMWD EUF TOTAL $ 2,443,300.00 $ 1,422,700 .00 $ 460,000.00 $ 339,900.00 $ 80,000.00 60,000.00 90,600.00 $ 3 03 , 500 . 00 TOTAL $ 5,200,000.00 RECOMMENDATION Proposed Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAG Investment Inter. RWMWD EUF TOTAL $ 2,443,300.00 $ 1,422,700.00 $ 561,000.00 $ 339,900.00 $ 80,000.00 $60,000.00 $90,600.00 $ 327, 500.00 $ 5,325,000.00 It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements, City Project 05- 16, Change Orders 1 -3. Attachments: 1. Resolution 2. Change Order Nos. 1, 2 and 3 3. Location Map Agenda Item L7 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05 -16, CHANGE ORDER 1 -3 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 Nos. 1 -3 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 Nos. 1 -3 in the amount of $149,063.50. The revised contract amount is $4,385,819.96 2. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $5,325,000 shall be established. The proposed financing plan is as follows: Assessments: Ramsey Wash Watershed District: Sanitary Sewer Utility Fund: SPRWS Obligation: WAG Fund Environmental Utility Fund Investment Interest: City general tax levy: Total $ 1,422,700 (27 %) $ 90,600 (2 %) $ 561,000 (10 %) $339,900 (6 %) $ 80,000 (2 %) $ 327,500 (6 %) $ 60,000 (1 %) $ 2,443,300 (46 %) $ 5,325,000 (100 %) Agenda Item L7 CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kenwood Area Neighborhood Improvements Project No.: 05 -16 Contractor: Forest Lake Contracting The following changes shall be made in the contract docume Description Unit Quantity Main Repair at 1973 Payne Ave. Repair to 8" Sanitary Sewer Main EA 1 Payne Ave. 9 +30 to 3 +15 Change Order No.: 1 Date: 5 -26 -06 nts: (Work not covered under contract) Price Total $3,000.00 $3,000.00 Subgrade Excavation CY 685 $10.00 $6,850.00 3" to 1 -112" Clear Rock Ton 611 $22.50 $13,747.00 Type V Geotextile Fabric SY 1045 $2.50 $2,612.50 Payne Ave. 5 +00 to 5 +60 Subgrade Excavation CY 60 $10.00 $600.00 Select Granular Borrow CY 60 $14.00 $840.00 TOTAL $ 27,649.50 Original Contract: $4,236,756.46 Net Change of Prior Change Order No.: Not applicable Change This Change Order: $27,649.50 Revised Contract: $4,264,405.96 Approved Mayor Recommended Engineer Agreed to by Contractor by Its Title Agenda Item L7 CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kenwood Area Neighborhood Improvements Change Order No.: 2 Project No.: 05 -16 Date: 5 -26 -06 Contractor: Forest Lake Contracting The following changes shall be made in the contract documents: (Work not covered under contract) Unit Description Unit Quantity Price Total 10 -inch Ductile Iron Pipe Sewer LF 530 $143.00 $75,790.00 at 14 -20 foot depth in Payne Avenue (approx. address) Sanitary Sewer Bypass Pumping LS 1 $1,760.00 $1,760.00 Sanitary Manhole EA 3 $2,870.00 $8,610.00 Remove Manhole EA 3 $530.00 $1,590.00 Sanitary Service Replacement LF 155 $40.00 $6,200.00 Water Service Replacement LF 155 $25.00 $3,875.00 TOTAL $ 97,825.00 Original Contract: $4,236,756.46 Net Change of Pending Change Order No 1.: $27,649.50 Change This Change Order: $97,825.00 Revised Contract: $4,362,230.96 -3- -. Mayor Recommended Engineer Agreed to by Contractor by Its Title Agenda Item L7 CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kenwood Area Neighborhood Improvements Change Order No.: 3 Project No.: 05 -16 Date: 5 -26 -06 Contractor: Forest Lake Contracting The following changes shall be made in the contract documents: (Work not covered under contract) Unit Description Unit Quantity Price Total 42 -inch Class IV RCP Storm LF 564 $121.00 $68,244.00 30 -inch Class IV RCP Storm LF 37 $110.00 $4,070.00 42 -inch Class III RCP Storm LF (568) ($100.00) ($56,800.00) (Deduct Original Quantity) Install Internal Manhole EA 95 $85.00 $8,075.00 Adjustment Ring Sealing System TOTAL $ 23,589.00 Original Contract: $4,236,756.46 Net Change of Pending Change Order Nos 1 -2.: $125,474.50 Change This Change Order: $23,589.00 Revised Contract: $4,385,819.96 Mayor Engineer Agreed to by Contractor by Its Title Agenda Item L8 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: CarMaxx / Mogren Addition, City Project 06- 14— Resolution Authorizing Preparation of Feasibility Report Including Traffic Impact Analysis DATE: June 6, 2006 INTRODUCTION /SUMMARY Bruce Mogren, representing Countryview Golf is proposing a development on the former Countryview Golf Course. The development includes the addition of a CarMaxx Used Car Dealership at the corner of Beam Avenue and Trunk Highway 61. The site includes a major retail store along with a convenience store and office facility. Mr. Mogren has petitioned the city to prepare the engineering plans for the public roadway that crosses through the development. The development application is being reviewed by staff and is likely to be presented to the Planning Commission and City Council in July 2006. Mr. Mogren wishes to advance the planning and analysis to allow for construction of the roadway if the development is approved in July 2006. The city council shall consider accepting the petition requesting public improvement and ordering the preparation of the feasibility study. Background The CarMaxx / Mogren Addition is located north of Beam Avenue, east of Trunk Highway 61, south of the newly aligned County Road D and west of the Bruce Vento Trail. The developer will be working closely with the city to develop a storm water management system that will benefit the environment by improving the quality of water. It is proposed that the major street and utilities through the center of the development be public infrastructure. They are to be constructed as part of a public improvement project. A consultant, Kimley -Horn and Associates, Inc. (KHA), will prepare the detailed plans and specifications for the street and utilities. Budget A not -to- exceed project budget of $168,000 would be established for the project development and preliminary engineering required to complete the feasibility study and the project plans and specifications. The funds for 100% cost of the feasiblility budget will be posted by the developer before work begins. Only the unexpended portion of the feasibility budget is refundable to the developer if the project does not proceed as the developer assumes the risks of the project. Attached is a project schedule showing the approval process should all project related issues be resolved. The developer has been informed that this action by the Council does not provide an indication that the Council will approve the development. He understands and wishes to assume the risk to have the project proceed with a quicker timeline. RECOMMENDATION Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study including a traffic impact analysis, along with project plans and specifications for the CarMaxx / Mogren Addition, City Project 06 -14 and establishing a project budget of $168,000. Attachments: 1. Resolution 2. Site Map RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY Agenda Item L8 WHEREAS, it is proposed to make improvements to the street and utilities for the CarMaxx / Mogren Addition, City Project 06 -14, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Said study and improvement is contingent upon the site developer depositing a total of $168,000 in two installments during the month of June 2006, with the first installment of $48,000 due on June 13, 2006 and the remainder of $120,000 by June 27, 2006. FURTHERMORE, funds in the amount of $168,000 are appropriated to prepare this feasibility report and project plans and specifications. Agenda Item L8 r 77� cp 14 07 oil CD oF==--j -- 0 or COE, ZV rpm ass a .5f cr It M 11MA MEM A I i. 4 "h ZV rpm ass a .5f cr It