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2009 05-11 City Council Packet
AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, May 11, 2009 City Hall, Council Chambers Meeting No. 10 -09 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 comments/questions shall be posed to the Mayor and Council. 1 then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Approval of April 27, 2009, City Council Workshop Minutes 2. Approval of April 27, 2009, City Council Meeting Minutes F. VISITOR PRESENTATIONS — PART I (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re- opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G -H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation — Part II.) H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS 1. 2009 National Police Week & Peace Officers Memorial Day Proclamation 2. Police Promotion Ceremony (No Agenda Report) 3. Appointment of Two Members to Community Design Review Board J. PUBLIC HEARINGS Castle Avenue Improvements, Project 08 -12 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution Adopting Assessment Roll c. Resolution Approving Purchase Agreement for Real Property at 2251 Van Dyke Street Resolution Approving Purchase Agreement for Real Property at 2250 White Bear Avenue Resolution Receiving Bids and Awarding Construction Contract K. UNFINISHED BUSINESS 1. Century Avenue Improvements, Project 03 -15, Resolution Adopting Revised Assessment Roll 2. Consider Approval of the Fish Creek Greenway Corridor Commission (ad -hoc) 3. Conditional Use Permit Review — Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive L. NEW BUSINESS 1. Approval of the Silver Lake Improvement Association's Request for Herbicide Treatment Funding for Silver Lake 2. Consider Resolution Receiving Preliminary Report on Alignment Study Along Lydia Avenue of Lake Links Trail Connection and Authorization of the Preparation of the Plans and Specifications 3. 2030 Comprehensive Plan Update Review 4. Lawful Gambling Temporary Permit for White Bear Avenue Business Association 5. Consider Resolution Authorizing Preparation of Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (North St. Paul to McKnight and Stanich - Highlands Area Streets) 6. Approval of ROW Concept, White Bear Avenue Improvements, Project 08 -13 7. Conditional Use Permit, Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue 8. Consider Resolution Authorizing Pride of Maplewood Program by City Manager 9. Fish Creek Bluffs — CoPar Carver Crossing Development: Real Estate Negotiations — Mayor Longrie 10. Water Conservation Initiatives — Mayor Longrie M. CONSENT AGENDA 1. Approval of Claims 2. Conditional Use Permit Review — Commercial Equipment Parking and Storage, 65 Larpenteur Avenue East 3. Approve Resolution of Support for STP Application, Project 09 -08, English /TH 36 Interchange Improvements 4. Carsgrove Meadows Area Street Improvements, Project 08 -10 a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 28, 2009 5. County Road D Street Improvements, Project 08 -20 a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 8, 2009 b. Resolution Adding Lake Links Trail Improvements, City Project 08 -16, to Project 08 -20 6. Approval to Enter Into Joint Powers Agreement With State of Minnesota — Child Sexual Predator Program 7. Resolution Accepting of Donations to 2009 Landfall Cops & Kids Fishing Clinic 8. Approval of 2008 Budget Adjustments for MCC 9. Resolution to Maintain the Statutory Tort Limits 10. Resolution Authorizing Purchase of Insurance Agent Services N. AWARD OF BIDS O. VISITOR PRESENTATION — PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk's Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. [i94 *401;K63 Ul I4 Y e d 70] [1011L Ptl Pd90 Y CA Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings — elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language.' MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, April 27, 2009 Council Chambers, City Hall El 91 C CALL TO ORDER AGENDA ITEM E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:05 p.m. by Mayor Longrie. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Absent Present Present APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda Seconded by Councilmember Rossbach'. Ayes — All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS 1. Review of Questions for Community Design Review Board Interviews 2. Community Design Review Board Interviews a. 5:15 P.M. Michael Mireau, 1184 Ferndale Street North, Maplewood. b. 5:30 p.m. Jean Strait, 1706 Barclay Street, Maplewood. C. 5:45 p.m. Lucianne Hudak, 2698 Midvale Place East, Maplewood. d. 6:00 p.m. Mark Jenkins, 830 New Century Boulevard S. Maplewood. The city council will continue the interview process for the openings on the Community Design Review Board on May 4, 2009. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:15 p.m. April 27, 2009 City Council Manager Workshop Minutes 1 Packet Page Number 4 of 260 0 B C Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, April 27, 2009 Council Chambers, City Hall Meeting No. 09 -09 CALL TO ORDER AGENDA ITEM E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Present Present Present APPROVAL OF AGENDA Councilmember Juenemann requested the Mayor Longrie requested the addition of 10 a.m. — 12 noon. Councilmember Nephew m Seconded by Councilmemk The motion passed. APPROVAL OF MINUTES Policy of Citizens Forum May 2, 2009, from Ayes — All Approval of the April 6, 2009, City Council Workshop Minutes. Councilmember Nephew moved to approve the April 6, 2009, City Council Workshop Minutes as submitted. Seconded by Councilmember Juenemann. Ayes — All The motion passed. April 27, 2009 City Council Meeting Minutes Packet Page Number 1 5 of 260 Approval of the April 13, 2009, City Council Meeting Minutes. Mayor Longrie had the following corrections: On page 4 of the minutes, item J., number 10. capitalize New. On page 7, number 3., first line, insert the word DVD before March 9, 2009, and after the word council meeting insert the words: AND HAD THE FOLLOWING TO REPORT FROM THAT MEETING: Then in the same paragraph, fifth line, after the word report, insert the words to the council In the next paragraph change the word up to down In the next sentence after the word state funding insert should also be added to the report Page 8, 2nd paragraph, the first line should read: Mayor Longrie said she then went back. Third paragraph, the wrong date is reflected, it should read March 23, 2009, Then in the fifth line, after Kantrud. it should read March 9, 2009, and was wonder�gg what the sta when there was a sheriff sale on and the comple Seventh line after the word asked insert staff. Mayor Longrie requested that the last the council had a meeting on er when aad-on March 4, 2009, F�,ty after the word than insert her. to read Mayor Longrie said the Mayor Longrie had a correction on page 9 of the minutes that Mayor Longrie had offered a friendly amendment to require a permanent protection covenant be placed on the land as a requirement of receiving the state funds. The friendly amendment failed and she would like that reflected. Councilmember Nephew said he felt Mayor Longrie's comments were too lengthy in the packet He stated the minutes should reflect the motion and not a councilmember's comments. Councilmember Nephew also felt Peter Fischer's comments made during visitor presentations were too lengthy and that in both areas the comments should be reduced significantly. Councilmember Nephew stated if someone wanted to know what was said during the meeting they can watch and hear it on the DVD. Mayor Longrie stated the comments were lengthy because she had requested that her comments be made public for the record. She also felt that Peter Fischer's comments were made part of the record because it was an important discussion item. Mayor Longrie had elaborated on Peter Fischer's comments later on in the meeting during the CoPar and Fish Creek discussion. Councilmember Nephew stated he wanted his comments reflected for the record regarding the length of Mayor Longrie and Peter Fischer's comments. Councilmember Juenemann had corrections on page 2 of the minutes, number 2, third line, the word city's should be cities Also on page 8 at the bottom of the page, number 2, the address is incorrect and should be 673 Dorland Road not 673 New Century Boulevard. April 27, 2009 Packet Page Number City Council Meeting Minutes 6 of 260 Mayor Longrie moved to approve the April 13, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. VISITOR PRESENTATIONS — PART I Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed the length of the comments that were made in the city council meeting minutes. He also commented on legal cases that had occurred in the City of Maplewood that were both appealed and not appealed. He asked City Manager, Jim Antonen to provide further information regarding the legal case between the League of Minnesota Cities and Patty Gearin, owner of Wipers Recycling in Maplewood and the City of Maplewood. Mr. Zick made various comments regarding articles that were printed in The Citizens Reporter. Joan Strobel, 2380 Oakridge Drive, Mapl homes that had been foreclosed and her the neighborhood. Ms. Strobel requested action on a possible timeline sale or some that have been vacant long term. Bill Schriener, 1098 Beaver Cree CUP that was issued in 2001 for has not been required to take ca CUP for this property. s. Strobel discussed the number of about the negative affect that has on ty council consider taking some type of ?a for bank -owned vacant properties mood. Mr. Schriener spoke about the neighborhood and why the developer lities regarding the conditions in the David Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling spoke regarding water restrictions and about a study regarding water risk in ethanol, and road salt that affects the wetlands. Sharon Sandeen, 1748 Gulden Place, Maplewood. Ms. Sandeen provided a memorandum and petition of signatures for the permanent record regarding the Proposed Wetland Ordinance. G. ADMINISTRATIVE PRESENTATIONS (moved to the end of the meeting due to time constraints) Report on Financial Status of CoPar, Inc. Relating to Development Agreement a. Assistant City Manager, Public Works Director, Chuck AN gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephew moved to direct staff to engage in negotiations aimed at extending the option on the referendum lots past the deadline of June 30, 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. April 27, 2009 City Council Meeting Minutes Packet Page Number 7 of 260 2. Presentation of Eureka Recycling's Year -End and 2009 Work Reports a. Community Development and Parks Director, DuWayne Konewko, gave the report. Councilmember Nephew moved to accept the Eureka Recycling's Year -End and 2009 Work Reports. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Nephew moved to extend the curfew to complete agenda items G3 and H1. Seconded by Councilmember Rossbach. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach The motion passed. 3. Rice Street /TH 36 Interchange, a. Assistant City Manager, F COUNCIL PRESENTATIONS Nay — Councilmember Hjelle , Project Update irector, Chuck AN gave the report. Silver Star Banner Day City Proclamation Honoring the Sacrifice of the Men and Women in the Armed Forces a. City Manager, ,Jim Antonen gave the report. b. City Clerk, Director Citizen Services addressed the council. Mayor Longrie moved to approve the Silver Star BannerDay Proclamation Honoring the Sacrifice of the Men and Women in the Armed Forces. Silver Star Banner Day CITY Proclamation 2009 WHEREAS, the City of Maplewood, Minnesota has always honored the sacrifice of the men and women in the Armed Forces and WHEREAS, The Silver Star Families of America was formed to make sure we remember the blood sacrifice of our wounded and ill by designing and manufacturing a Silver Star Banner and Flag and WHEREAS, to date The Silver Star Families of America has freely given thousands of Silver Star Banners to the wounded and their families. and WHEREAS, the members of The Silver Star Families of America have worked tirelessly to provide the wounded of this City and Country with Silver Star Banners, Flags and care packages, and April 27, 2009 City Council Meeting Minutes Packet Page Number 8 of 260 WHEREAS, The Silver Star Families of America's sole mission is that every time someone sees a Silver Star Banner in a window or a Silver Star Flag flying, that people remember the sacrificed for this City, State and Nation and WHEREAS, the people and the City Council of the City of Maplewood wish that the sacrifice of so many in our Armed Forces never be forgotten NOW THEREFORE, I, Diana Longrie, MAYOR OF THE CITY OF MAPLEWOOD do hereby proclaim Our appreciation of The Silver Star Families of America and honor their commitment to our wounded Armed Forces members. I hereby declare May 1 st "SILVER STAR BANNER DAY" the permanent and official day to honor the wounded and ill Soldiers of the City of Maplewood. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused to be affixed the Seal of the City of Maplewood in the State of Minnesota this day of April 13th in the year 2009. Mayor, Diana Longrie ilfoile, City Clerk Seconded by Councilmember Nephew. Ayes — All The motion passed. APPOINTMENTS AND Reinstatement of the Human Relations Commission — Councilmember Nephew a. Councilmember Nephew introduced Mr. James Llanas regarding the possibility to reopen the Human Relations Commission. b. City Clerk, Director Citizen Services, Karen Guilfoile addressed the council. 1. James Llanas, 2424 Barclay, Maplewood gave an introduction to the council. 2. Mr. Larry Clark, Dakota County Prosecutor, from Red Wing, addressed the council. J. PUBLIC HEARINGS Wetland Ordinance Amendments — Second Reading — CANCELED 2. Century Avenue Improvements, Project 03 -15 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution for Adoption of Assessment Roll a. City Engineer, Michael Thompson gave the report. b. City Attorney, Alan Kantrud answered questions of the council. C. Assistant City Manager, Public Works Director, Chuck AN answered questions of the council. April 27, 2009 Packet Page Number City Council Meeting Minutes 9 of 260 Mayor Longrie opened the public hearing. Sean Kiger, Representing Hogda, LLC, 9 Century Avenue North, Maplewood. (Objected to the assessment) Shalisha Tally, 921 Selby Avenue, St. Paul Park. Representing Speedy Super America. (Objected to the assessment) Mayor Longrie closed the public hearing. Councilmember Nephew moved to approve the Assessment Roll for the Century Avenue Improvement Project, City Project 03 -15, less all objections received as noted within this report and objections received at the assessment hearing. RESOLUTION 09 -04 -161 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 23'', 2009, calling for a Public Hearing, the assessment roll for the Century Avenue Improvements, City Project 03 -15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have the requirements of Minnesota Statutes, Chapter 429, Richard Luhrs and Sean Kiger, 9 Century Aven Shalisha Tally, 11 Century Avenue South, Spe( NOW, THEREFORE, BE IT MINNESOTA: ns to their assessments according to s follows: :)gda, LLC (PIN 012822140005) rAmerica LLC, (PIN 012822410014) COUNCIL OF MAPLEWOOD, That the City Engineer and City Clerk are hereby instructed to review the objections received, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on May 11` 2009, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on May 11` 2009. 2. The assessment roll for the Century Avenue Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 years for commercial properties; the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest April 27, 2009 Packet Page Number City Council Meeting Minutes 10 of 260 shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 27` day of April 2009. Seconded by Councilmember Juenemann. The motion passed a UNFINISHED BUSINESS Fish Creek Timeline Report a. DuWayne Konewko, Comn and answered questions of Councilmember Rossbach Seconded by Mayor Longrie. The motion passed. The city council took a 5- minute recess. The city council reconvened. NEW BUSINESS Ayes — All nd Parks Director gave the report Ayes - All Citizen Request for Change of City Code Section 2 -5. Disposal of Public Real Property. a. City Manager, James Antonen gave the report. b. City Attorney, Alan Kantrud answered questions of the council. 2. Review of KSTP Radio Tower Inspection Report a. Assistant City Manager, Public Works Director, Chuck AN gave the report. b. City Attorney, Alan Kantrud answered questions of the council. C. City Clerk, Director Citizen Services, Karen Guilfoile answered questions of the council. Ralph Sletten, 2747 Clarence Street North, Maplewood. April 27, 2009 Packet Page Number City Council Meeting Minutes 11 of 260 Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Mr. Sletten stated that he wanted his comments stated for the record that saturated and submerged soils are not to be considered normal soil. Mr. Sletten said at the time that the KSTP towers were built, the soil conditions were normal. Councilmember Nephew moved to table this until the city hears from the F.C.C. or the F.A.A. or other regulatory authority informing the city that there is a problem that could call into question the CUP and that the city be provided with a copy of the CUP by email that staff locate that and provide it to Ms. Sletten. Seconded by Councilmember Juenemann. Ayes — All The motion to table passed. M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1, 4, 5, 7, 9 -13, 16 -19, and 22. Seconded by Councilmember Hjelle. Ayes — All The motion passed. Councilmember Nephew Seconded by Councilmember Juenemann. Ayes — All The motion passed. Mayor Longrie Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Councilmember Juenemann moved to approve item 6. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Councilmember Hjelle moved to approve item 8. Seconded by Councilmember Nephew. The motion passed. Mayor Longrie moved to approve item 14. Seconded by Councilmember Nephew. The motion passed. April 27, 2009 City Council Meeting Minutes Ayes — All Ayes — All Packet Page Number 12 of 260 7. Councilmember Hjelle moved to approve item 15. Seconded by Councilmember Nephew. Ayes — All The motion passed. 8. Councilmember Hjelle moved to approve item 20. Seconded by Mayor Longrie. The motion passed. Ayes — All 9. Councilmember Nephew moved to approve item 21. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 285,337.46 Checks # 78131 thru # 78190 Dated 04/06/09 thru 04/14/09 $ 335,384.79 Disbursements via debits to checking account Dated 04/03/09 thru 04/10/08 $ 197,298.56 Checks # 78191 thru # 78230 Dated 04/14/09 thru 04/21/09 $ 157,652.00 Disbursements via debits to checking account Dated 04/10/09 thru 04/17/09 $ 975,672.81 Total Accounts Payable PAYROLL $ 577,328.35 Payroll Checks and Direct Deposits dated 04/17/09 $ 2,606.16 Payroll Deduction check #1007111 thru #1007112 Dated 04/18/09 $ 579,934.51 Total Payroll $ 1.555.607.32 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes — All April 27, 2009 Packet Page Number 9 City Council Meeting Minutes 13 of 260 The motion passed. 2. Councilmember Nephew moved to approve the resolutions for the Carsqrove Meadows Area Street Improvements, Project 08 -10: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. RESOLUTION 09 -04 -162 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on January 26` 2009, plans and specifications for Carsgrove Meadows Area Street Improvements, Project 08 -10, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty -one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 22nd day of May, 2009, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of May 28` 2009. RESOLUTION 09 -04 -163 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Carsgrove Meadows Area Street Improvements, City Project 08 -10. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Juenemann. Ayes - All April 27, 2009 Packet Page Number 10 City Council Meeting Minutes 14 of 260 The motion passed. 3. Mayor Longrie moved to approve the resolutions for the County Road D Street Improvements, City Project 08 -20: Approving Plans and Advertisement for Bids and Ordering the Preparation of the Assessment Roll. RESOLUTION 09 -04 -164 APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on March 9, 2009, plans and specifications for the County Road D Improvements (McKnight to Lydia), City Project 08 -20, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD. MINNESOTA: 1. Such plans and specifications, a copy of hereof, are hereby approved and ordered placed on file 2. The city clerk shall prepare and cause Construction Bulletin an advertisement for bids upon approved plans and specifications. The advertiseme before the date set for bid opening, shall specify the opened and considered by the council at 10:00 a.m. no bids shall be considered unless sealed and filed w or bid bond, payable to the City of Maplewood, Minn( attached hereto and made a part e_of the city clerk. be inserted in the official paper and in the making of such improvement under such hall be published twice, at least twenty -one days k to be done, shall state that bids will be publicly he 29th day of May, 2009, at city hall and that the clerk and accompanied by a certified check :a for five percent of the amount of such bid. 4. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of June 8, 2009. RESOLUTION 09 -04 -165 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the County Road D Improvements (McKnight to Lydia), City Project 08 -20, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. April 27, 2009 Packet Page Number 11 City Council Meeting Minutes 15 of 260 Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay — Mayor Longrie 4. Councilmember Nephew moved to approve the Agreement between the City of Maplewood and the City of Mahtomedi for lifeguard services. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 5. Councilmember Nephew moved to approve the Agreement between the City of Maplewood and the Town of White Bear Lake for lifeguard services. Seconded by Councilmember Hjelle. The motion passed. Councilmember Juenemann to the facility or to its residents. Seconded by Councilmember The motion passed. Ayes — All Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle. 7. Councilmember Nephew moved to approve the Conditional Use Permit for the Ramsey County Correctional Facility, located at 297 Century Avenue South, to be reviewed again in one year. Seconded by Councilmember Hjelle. The motion passed. Ayes — All 8. Councilmember Hjelle moved to table the Conditional Use Permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue at Lakewood Drive in order for staff to bring further information back to the council. Seconded by Councilmember Nephew. Ayes - All The motion to table passed. April 27, 2009 Packet Page Number 12 City Council Meeting Minutes 16 of 260 9. Councilmember Nephew moved to approve the maintenance agreement with Ramsey County for the traffic control signals located at the intersection of Lakewood Drive Maryland Avenue, and direct the mayor and city manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney as needed for the agreement. AGREEMENT FOR MAINTENANCE OF TRAFFIC CONTROL SIGNALS AND EVP SYSTEM AGREEMENT NO. PW2008 -23 THIS AGREEMENT is, between the County of Ramsey, ( "County "), and the City of Maplewood ( "City "), for the maintenance of a traffic control signal system with streetlights, signs, interconnect, and emergency vehicle pre - emption at the intersection of Lakewood Drive (CSAH 68) and Maryland Avenue (CSAH 31); WHEREAS, Ramsey County and Maplewood have determined that there is justification and it is in the public's best interest to construct a traffic control signal with streetlights at Lakewood Drive (CSAH 68) and Maryland Avenue (CSAH 31); WHEREAS, Maplewood requests and Ramsey County agrees to provide an Emergency Vehicle Pre - emption System, hereinafter referred to as the "EVP System" as a part of said traffic control signals with street lights in accordance with the terms and conditions hereinafter set forth; and WHEREAS, Ramsey County will be responsible for construction of the traffic control signals with street lights, signs, and emergency vehicle pre-emption at it's cost and expense, and WHEREAS, Ramsey County and Maplewt said traffic control signals with street lights, signs in the maintenance and operation of as hereinafter set forth; and NOW, THEREFORE, IT IS AG 1. The County shall install or ca signs, interconnect and EVP system in and Maryland Avenue at its cost and e: illation of said traffic control signal with streetlights, with the plans and specifications for Lakewood Drive 2. The City shall install or cause the installation of an adequate electric power supply to the service pad including any necessary extensions of power lines at Lakewood Drive and Maryland Avenue. 3. Upon completion of the traffic control signals with streetlights, signs, and EVP system. Necessary electrical power for their operation shall be at the cost and expense of the City. In accordance with the Policy for lighting Ramsey County Roadways, Ramsey County Board Resolution 78 -1394, The City shall perform street light maintenance and pay energy costs of the integral streetlights. 4. The County shall maintain and keep in repair all signs associated with the traffic signal at its cost and expense. 5. The County shall maintain and keep in repair the traffic control signal including relamping and cleaning at its cost and expense. The City will be responsible for painting the traffic control signal at its cost and expense. 6. The County shall maintain and keep in repair the geometrics on County owned roadways at its cost and expense. April 27, 2009 Packet Page Number 13 City Council Meeting Minutes 17 of 260 7. All timing and related adjustments of the traffic control signal shall be determined by the County through its Traffic Engineer, and no changes shall be made to these adjustments without the approval of the County. 8. The EVP system shall be operated, maintained, revised or removed in accordance with the following conditions and requirements: a) All modifications, revisions and maintenance of the EVP System considered necessary or desirable for any reason, shall be done by the County's forces, or, upon concurrence in writing by the County's Traffic Engineer, may be done by others all at the cost and expense of the City. b) Emitter units may be installed and used only on vehicles responding to an emergency as defined in Minnesota Statutes Chapter 169.01, Subdivision 5 with 169.03. c) The City shall maintain and require others using the EVP System to maintain a log showing the date, time and type of emergency for each time the traffic signal covered hereby is actuated and controlled by the EVP System. Malfunction of the EVP System shall be reported to the County immediately. d) All maintenance of the EVP System shall be pe responsible for actual cost thereof. The County,sl listing all labor, equipment, materials and overhea cost and overhead and equipment costs will be County at the time the work is performed, and mat+ thereof to Ramsey County. The City shall promptly e) In the event said EVP System misused or the conditions set fc violation continues after receipt EVP System pursuant to this par shall become the property of th mounted external to the traffic.: detector receiver and any othe removed will not affect the traffic formed by the County. The City shall be call submit an invoice to the City annually, i used to maintain the EVP System. Labor at the established rates paid by Ramsey Trial costs will be invoiced at the actual cost pay Ramsey County the full amount due. or components 'are, in the opinion of the County, being rth in Paragraph b above are violated, and such misuse or by said party of written notice thereof from the County, the agraph,the field wiring, cabinet wiring and other components e County. All infrared detector heads and indicator lamps Jgnal cabinet will be returned to the appropriate party. The r assembly located in the control signal cabinet, which if control signal operation, will be returned to the City. f) All timing of said EVP System shall be determined by the County, through its Traffic Engineer. g) Except for the negligent acts of the County, its agents, and employees, the City shall indemnify, defend, and hold the County harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the County, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of the use or operation of the EVP. Nothing in this Agreement shall constitute a waiver by the City or the County of any statutory or common law immunities, limits, or exceptions on liability. 9. Any and all persons engaged in the maintenance work to performed by the County shall not be considered employees of the City, and any and all claims that may arise under the Worker's Compensation Act of this State on behalf of those employees so engaged, and any and all claims made by any third party as a consequence of any negligent act or omission on the part of those employees so engaged on any of the work contemplated herein shall not be the obligation and responsibility of the City. 10. The City and the County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, April 27, 2009 Packet Page Number 14 City Council Meeting Minutes 18 of 260 arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 11. NOTICES All notices or demands given or required to be given hereunder shall be in writing and shall be sent by certified or registered mail, return receipt requested, postage prepaid, addressed to the intended recipient's address or addresses below set forth or at such other address or addresses as the intended recipient may have theretofore specified in a written notice to sender given in accordance with the requirements of this paragraph. Any such notice so given shall be deemed given on the day of deposit in the United States mail, and if sent as aforesaid shall be effective whether or not received by the addressee. For City: Public Works Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 For County: Director of Public Works and County Engineer Ramsey County Department of Public Works 1425 Paul Kirkwold Dr. Arden Hills, MN 55112 IN WITNESS WHEREOF, the parties have here CITY OF In presence of Recommended for approval: Kenneth G. Haider, P.E. Director and County Engineer, Ramsey County Public Works Department Approved as to Form: M r signatures. By: Its: Date: COUNTY OF RAMSEY By: Chairperson Board of Ramsey County Commissioners Attest: By Assistant Ramsey County Attorney Chief Clerk — Ramsey County Board Date: Date: April 27, 2009 Packet Page Number 15 City Council Meeting Minutes 19 of 260 Seconded by Councilmember Hjelle. The motion passed. Ayes — All 10. Councilmember Nephew moved to approve the city council authorize the street superintendent to purchase the bituminous materials as needed for the 2009 season up to $40,000. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 11. Councilmember Nephew moved to approve the city council authorize Ramsey County to perform city pavement striping needs during the 2009 season, at a cost not to exceed $25,000.00. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 12. Councilmember Nephew purchasing venture contract. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 13. Councilmember Nephew 11, 2011. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 14. Mayor Longrie moved to approve the N.E.S.T. Commission's request for a contribution of $32,780 to support the N.E.S.T. "Dial -a- ride" service to the residents of Maplewood. Seconded by Councilmember Nephew. Ayes - All The motion passed. 15. Councilmember Hjelle moved to approve the funds to purchase 60 Glock handguns from Streicher's for $434 per gun with a trade -in allowance of $260 for each of the current handguns. With the trade -in allowance, the 60 new Glock handguns would have a total cost of $10,440, compared to the estimated cost of $9,300 to update the current supply of handguns. Seconded by Councilmember Nephew. Ayes - All The motion passed. April 27, 2009 Packet Page Number 16 City Council Meeting Minutes 20 of 260 16. Councilmember Nephew moved to approve the 2008 Planning Commission Annual Report. Seconded by Councilmember Hjelle. Ayes - All The motion passed. 17. Councilmember Nephew moved to approve the 2008 Parks and Recreation Commission Annual Report. Seconded by Councilmember Hjelle. The motion passed. Ayes - All 18. Councilmember Nephew moved to approve the 2008 Historical Preservation Commission Annual Report. Seconded by Councilmember Hjelle. The motion passed. 19. Councilmember Nephew moves as Building Safety Week 2009. BUILDING Whereas, through our State's conti and sustainability in the built enviro natural disaster, give us confident€ Ayes - All K 2009 ess the critical issues of safety, energy efficiency it citizens, both in everyday life and in times of are safe and sound, and; Whereas, our confidence is achieved through the devotion of vigilant guardians — building safety and fire prevention officials, architects, engineers, builders, laborers, and others in the construction industry — who work year -round to ensure the safe construction of buildings and; Whereas, these guardians —dedicated members of the International Code Council - develop and implement the highest - quality codes to protect Americans in the buildings where we live, learn, work and play, and; Whereas, the International Codes, the most widely adopted building safety, energy and fire prevention codes in the nation, are used by most U.S. cities, counties and states; these modern, building codes also include safeguards to protect the public from natural disasters such as hurricanes, snowstorms, tornadoes, wildfires and earthquakes; and; Whereas, Building Safety Week is sponsored by the International Code Council and International Code Council Foundation, to remind the public about the critical role of our communities' largely unknown guardians of public safety — our local code officials — who assure us of safe, efficient and livable buildings, and; Whereas, "Building Safety: Where You Live, Work and Play," the theme for Building Safety Week 2009, encourages all Americans to raise awareness of the importance of building safety; green and sustainable buildings; pool, spa and hot tub safety; and new technologies in the construction industry. Building Safety Week 2009 encourages appropriate steps everyone can take to ensure that the places April 27, 2009 Packet Page Number 17 City Council Meeting Minutes 21 of 260 where we live, learn, work, and play are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies. Whereas, each year, in observance of Building Safety Week, Americans are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the services provided to all of us by local and state building departments and federal agencies in protecting lives and property. Now, therefore, it is hereby proclaimed that May 3 through May 9, 2009, is Building Safety Week in the City of Maplewood. Accordingly, our citizens are encouraged to join their community in participating in Building Safety Week activities and assisting efforts to improve building safety. Adopted this 28th Day of April 2009 Diana Longrie, Mayor Seconded by Councilmember Hjelle. The motion passed. 20. Councilmember Hjelle lot. Karen Guilfoile, City Clerk Ayes - All .UTION 09 -04 -166 AVENUE - NO PARKING WHEREAS, the Parks and Recreation Division schedules adult softball league games at Wakefield Park, and WHEREAS, private lawns have been damaged by softball players making u- turns, and WHEREAS, alternative parking lots and spaces are available to players. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City of Maplewood shall ban the parking of motor vehicles on the west side of Prosperity Avenue from Frost Avenue to the north entrance of the Wakefield Park parking lot. Adopted this 27th day of April, 2009 Mayor Seconded by Mayor Longrie. City Clerk Ayes - All The motion passed. April 27, 2009 Packet Page Number 18 City Council Meeting Minutes 22 of 260 21. Councilmember Nephew moved to approve the lease extension agreement with Gethsemane Church in the amount of $2.200 a month for the period from May 1. 2009. through April 30. 2010, with the following provision: "The $2,200 per month lease payment ($26,400 total) will be credited back to the City as an offset against the purchase price of the proposed park land ". The $8,800 the city has previously paid to Gethsemane Church, per signed agreement, will also be credited back towards the purchase price. ADDENDUM #2: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING MAY 1, 2009 AND ENDING ON APRIL 30, 2010 The provisions within the existing executed lease agreement, authorized by City Council at the April 27 2009 City Council, will be in force with the following two exceptions: Item 1. Term of Lease. The Lease shall start on May 1, 2009 and continue to April 30, 2010. Item 2. Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from May 1, 2009 through April 30, 2010. In addition, the $2`',200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. 15. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 April 27, 2009 Packet Page Number 19 City Council Meeting Minutes 23 of 260 IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease Agreement between Gethsemane Church and the City of Maplewood. GETHSEMANE LUTHERAN CHURCH 0 Congregational President THE CITY OF MAPLEWOOD Diana Longrie, Mayor City of Maplewood 1830 County Road B East Maplewood, MN 55109 And go Antonen, City Manager, Road B East MN 55109 And By: Alan Kantrud, City Attorney, City of Maplewood 1830 County Road B East Maplewood, MN 55109 Karen Guilfoile, City Clerk City of Maplewood 1830 County Road B East Maplewood, MN 55109 Seconded by Councilmember Hjelle. Ayes - All The motion passed. April 27, 2009 Packet Page Number 20 City Council Meeting Minutes 24 of 260 22. Councilmember Nephew moved to approve changing the City Council meeting date from Monday. May 25. 2009. to Thursday. May 28. 2009, due to the Memorial Day Holiday. Seconded by Councilmember Hjelle. The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:15 p.m. Ayes - All April 27, 2009 Packet Page Number 21 City Council Meeting Minutes 25 of 260 Agenda #I -1 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: 2009 National Police Week & Peace Officers Memorial Day Proclamation Date: May 1, 2009 Introduction May 10 -16, 2009, is National Police Week and May 15 is Peace Officers Memorial Day, and it is requested that the City Council approve the attached Proclamation to recognize these events. Background The week containing May 15 has been observed as National Police Week since 1962. The purpose of establishing this week as National Police Week was to recognize the efforts of the men and women who protect our communities and our country on a daily basis. The date of May 15 was designated by the Congress and President of the United States as Peace Officers Memorial Day, when we remember the sacrifice of those officers who have died or been disabled in the line of duty. Every year on May 15, officers from around the state stand at parade rest around the Peace Officers Memorial on the grounds of the Minnesota State Capitol. Maplewood police officers have participated in this ceremony of remembrance for many years. Recommendation It is recommended that the City Council approve the attached Proclamation in recognition of 2009 National Police Week and Peace Officers Memorial Day. Action Required Submit to the City Council for review and action. DJT:js Attachment Packet Page Number 26 of 260 PROCLAMATION WHEREAS, the Congress and President of the United Sates have designated May 15 as Peace Officers Memorial Day and the week in which it falls as Police Week; and WHEREAS, the members of the Maplewood Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Maplewood; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Maplewood Police Department has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, we, the City Council of Maplewood, call upon all citizens of Maplewood and upon all patriotic, civil and educational organizations to observe the week of May 10 through 16, 2009, as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. WE FURTHER call upon all citizens of Maplewood to observe May 15, 2009, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS WHEREOF, we have hereunto set our hands and caused the Seal of the City of Maplewood to be affixed. Done at the City of Maplewood this date of May 11, 2009. Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember Packet Page Number 27 of 260 ITEM 13 AGENDA REPORT TO James Antonen, City Manager FROM: Sarah Burlingame, Senior Administrative Assistant SUBJECT: Appointments to Community Design Review Board DATE: May 6, 2009 INTRODUCTION /SUMMARY The City Council has interviewed seven of the eight candidates for openings to the Community Design Review Board. The City received a total of eight applications in response to the two posted vacancies. One candidate failed to show for the interview. These two positions became vacant when Chairperson Linda Olson and Commissioner John Demko did not seek reappointment when their terms expired on January 1, 2009. They both have agreed to serve until their vacancies are filled. The following individuals have been interviewed for the two vacant positions. The Council interviewed half of the applicants during the April 27`" council manager workshop and the remaining applicants at the May 4`" council manager workshop. Michael Mireau Jean Strait Lucianne Hudak Mark Jenkins Jason Lamers Mitch Imbertson May Lee A final vote of the Council on which two candidates they wish to appoint to the two vacancies will occur atthe May 11, 2009 council meeting. RECOMMENDATION It is recommended that the City Council adopt a motion to appoint two members to the Community Design Review Board from the aforementioned candidates. Packet Page Number 28 of 260 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 29 of 260 Agenda Item A AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer /Deputy Public Works Director Steve Kummer, Civil Engineer II SUBJECT: Castle Avenue Improvements, City Project 08 -12 a. Assessment Hearing, 7:00 p.m. b. Approve Resolution For Adoption of Assessment Roll c. Approve Purchase Agreement for Real Property at 2251 Van Dyke Street d. Approve Purchase Agreement for Real Property at 2250 White Bear Avenue e. Approve Resolution for Receiving Bids and Awarding Construction Contract DATE: May 5, 2009 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. Final plans and specifications for the Castle Avenue Improvements were approved by the city council on March 23, 2009, and authorization was given to advertise for bids. Those bids were received and subsequently opened on Tuesday, May 5, 2009. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the May 28, 2009 council meeting, and consider approving the attached resolution adopting the assessment roll for all properties except those properties with submitted objections. After the assessment hearing, the council will consider the purchase of portions of two properties at 2251 Van Dyke Street and 2250 White Bear Avenue for use as right -of -way for the newly aligned Castle /Cope Avenue. The city council will also consider receiving the bids and approving the attached resolution awarding the contract. ASSESSMENTS The project involves the reconstruction of about 0.45 miles of roadway with associated storm sewer, underground infiltration and water main reconstruction. The proposed assessments for the Castle Avenue Improvements total $237,120. The assessment total is $13,880 lower than the proposal of $251,000 included at the public hearing due to assessment adjustments in which the exact lineal front - footage on the multi - dwelling residential properties and commercial properties was ascertained. No storm sewer assessments are proposed as part of this project as all properties adjacent to the roadway have already been assessed for storm drainage. A copy of the assessment roll is provided as a supplement to this report. Packet Page Number 30 of 260 Agenda Item J1 As outlined in the feasibility study, the assessments are based on the standard rates approved by council for the 2009 construction season. and are as follows: • Residential complete street reconstruct assessment $6,000 per unit • Residential multi - dwelling complete reconstruct assessment $120.00 per front foot • Commercial complete street reconstruct assessment $120.00 per front foot Assessment Objections Filed to Date As of April 30, 2009, staff has received one written objection to the proposed assessments as follows: 1. Terry D. Warner, 1998 Castle Avenue (PIN 11- 29- 22 -31- 0060): The lot is a single - family residential lot currently proposed to be assessed 1 unit. Mr. Warner has requested a senior citizen deferral on the proposed assessment. This item should be referred to staff for a recommendation on May 28, 2009. 2. Dennis Klohs c/o Dick Craven, Central Lakes Properties, 2251 Van Dyke Street (PIN 11- 29- 22 -33- 0005): The lot is limited business commercial use and is assessed based on front footage at a total length of 127.06 feet. The property owner is requesting a revision to the assessment amount based on the proposed frontage length of 118.48 feet after the purchase of the northern portion of the property by the City. Staff will review all objections and provide the city council recommendations for motion at the May 28, 2009 city council meeting. Objections will be received up to and as part of the assessment hearing on May 11, 2009. Once the hearing is closed, no further objections will be considered. :161:2 =I:iwa 0JI :Zd:U&11 *I Correction of the alignment of the intersection of Castle Avenue at White Bear Avenue is an essential part of the improvement project. In order to facilitate realignment of the intersection, the City is working with the property owners and lessees at 2250 White Bear Avenue and 2251 Van Dyke Street to purchase northern portions of both properties as shown in the attached exhibits. Appraisals of both properties were conducted by McKenzie Metro Appraisals. 2250 White Bear Avenue (Good Will) was valuated at $16.82 per square foot. It is proposed to acquire 367 square feet from the northeast corner of the property. The fair market value to be paid for this portion of the property would be $6,200. o 2251 White Bear Avenue (New Horizon Center) was valuated at $14.75 per square foot. It is proposed to acquire 3,130 square feet from the northern portion of the property. The fair market value to be paid for this portion of the property is $46,200. Both property owners have been very supportive throughout the process and positive about the proposed street reconstruction project. The offer of fair market value as stated above has been accepted by both property owners in writing. The formal purchase agreement paperwork is the step in the process that needs to be approved by both the City and the property owners. The City has also been working with the property owners on title descriptions, release of mortgages and release of lease agreements on both pieces of property that the City intends to purchase. Packet Page Number 31 of 260 Agenda Item A The costs of the property acquisition fell well below the estimated cost of acquired properties and falls within the project budget. Staff recommends authorization by the Council to enter into a purchase agreement with both property owners. le\rttIMN -11 Four (4) valid bids were received. The bid form was broken down into two bid alternates. Table 1 summarizes the bids that were received and read aloud on May 5, 2009. TABLE 1: BID SUMMARY Bidder 113ase Bid I Bid Alt 1 Bid Alt 2 T.A. Schifsky and Sons, Inc. $ 776,509.97 $ 21,175.08 $ 5,800.00 Tower Asphalt, Inc. $ 786,752.84 $ 20,556.12 $ 5,600.00 Park Construction Co. $ 1,060,051.54 $ 33,411.40 $ 5,240.00 Forest Lake Contracting, Inc. $ 1,101,596.80 $ 29,113.00 $ 1,600.00 Engineer's Estimate $ 888,221.00 $ 26,778.00 $ (1,600.00) All bids have been checked and tabulated. The engineer's estimate for the work has been provided on the bottom row of the table for comparison. Comparing the four base bids with the engineer's estimate, 2 of the 4 base bids fall below the estimate. The apparent low bid amount from T.A. Schifsky and Sons, Inc. is 13% below the engineer's estimate. The spread shown in the 4 bids are reflective of the continued competitive nature of the construction market. Based on some rough analysis between the spread between Park Construction and Tower Asphalt, the difference appears to be in the prices ascertained for utilities and concrete work. Bid Alternate #1: 30 -inch Trunk Storm Sewer Relocation Included as Bid Alternate #1 was the relocation of a 30 -inch trunk storm sewer that provides storm drainage for the residential neighborhood to the west. This storm sewer system was installed as part of drainage and street improvements to Cope Avenue, Craig Place and Germain Street and outlets into Wicklander Pond just west of City Hall. Originally, there were plans to connect Cope Avenue through to Castle Avenue from Hazel Street. In anticipation for this work, the trunk sewer line was routed through an existing city lot just south of the Cope Avenue right -of -way. Given the lack of necessity for bringing Cope Avenue through to connect with Castle Avenue it is proposed that the existing trunk storm sewer be rerouted back into the Cope Avenue right -of -way. Therefore it is recommended that the council award Bid Alternate #1. Bid Alternate #2: HDPE Catch Basin Rings for Chimney Construction Based on the apparent low- bidder's consideration of substituting the HDPE rings for concrete rings, the cost of supplying and installing the HDPE rings would be and additional $5,800.00 on top of the concrete ring price of $6,077.00 for a total of $11,877.00. Installation of the HDPE rings would be almost double the cost of the concrete rings. Based on increased cost of the HDPE rings, staff is not recommending award of Bid Alternate #2 ; and will remain using the concrete rings. Packet Page Number 32 of 260 Agenda Item J1 Summary After Bid Alternate Recommendations Based on the recommendations above, staff believes that it is in the best interest of the City to award the construction contract for the Castle Avenue Improvements based on the bids for the Base Bid contract work plus Bid Alternate #1. A summary of the Base Bid and Bid Alternate #1 are summarized below. BASE BID + BID ALTERNATE #1 GO Improvement Bonds $ 422,900 Municipal State Aid $ 401,600 Mn /DOT Turnback $ Bidder 113ase Bid I Bid Alt 1 BB + Bid Alt 1 T.A. Schifsky and Sons, Inc. $ 776,509.97 $ 21,175.08 $ 797,685.05 Tower Asphalt, Inc. $ 786,752.84 $ 20,556.12 $ 807,308.96 Park Construction Co. $ 1,060,051.54 $ 33,411.40 $ 1,093,462.94 Forest Lake Contracting Inc. $ 1 $ 29 113.00 $ 1,130,709.80 The apparent low bidder including the alternate with the base bid is T.A. Schifsky and Sons. The Base Bid and Bid Alternate #1 figure comes to 13% below the Engineer's Estimate and 2% below the original feasibility study construction estimate of $814,540.00. T.A. Schifsky and Sons has worked in the City of Maplewood in the past and has provided quality workmanship on numerous past projects. The type of contract work that the Castle Avenue Improvements provide is suited for the type of construction that T.A. Schifsky usually contracts. BUDGET IMPACT On January 26, 2009, the city council held a public hearing for the project and approved a proposed project budget of $1,361,200. Table 4 shows the proposed project financing which was approved at the public hearing based on an estimated construction cost of $814,540.00. Approved Financing Sources as of 1/26/09 Public Hearing GO Improvement Bonds $ 422,900 Municipal State Aid $ 401,600 Mn /DOT Turnback $ 75,000 Assessments $ 251,000 Sanitary Sewer Fund $ 25,700 WAC $ 25,000 EUF $ 150,000 Driveway Program $ 10,000 TOTAL $ 1,361,200 Adjustments to the approved project budget are needed in order to address adjustments in funding sources due to revised design, assessments, commitments from Mn /DOT State Aid and the apparent low bid from T.A. Schifsky and Sons. After discussions with State Aid representatives, it was determined that the portion of the roadway containing the roundabout could not be considered for State Aid off - system funding. However, since there are improvements to the signal as well as improvements at the Cope /White Bear intersection, State Aid would consider funding for these improvements. Based on the resulting bid tabulation and accounting for a 25% allowance for engineering and administration, the total funding from MSA Funds is $86,200. Packet Page Number 33 of 260 Agenda Item A o Staff examined an above - ground and below - ground storm water concept for this area. Due to the limited area of land to construct ponding, staff opted to construct underground infiltration piping to meet Watershed treatment requirements. The use of underground ponding increased storm water management costs by $134,300. It is recommended that the Environmental Utility Fund be increased to $284,300. o Estimations for the watermain work included relocation of the water main within the roundabout area. As well, about 100 feet of water main to the east of the roundabout will need to be lowered resulting from the proposed roundabout construction. The amount of this additional cost amounts to about $5,000 in additional water main trench excavation, inspection fees and SPRWS crews. Revised Budget The revised project budget is as follows. Project Financing Feasibility Study Proposed Financing GO Improvement Bonds $ 422,900 $ 422,900 PIP Funds $ - $ 190,000 Municipal State Aid $ 401,600 $ 86,200 Mn /DOT Turnback $ 75,000 $ 75,000 Assessments $ 251,000 $ 237,100 Sanitary Sewer Fund $ 25,700 $ 25,700 WAC $ 25,000 $ 30,000 EUF $ 150,000 $ 284,300 Driveway Pro ram $ 10,000 $ 10,000 TOTAL $ 1,361,200 $ 1,361,200 Staff is proposing to utilize funds from savings on past public improvement projects in the amount of $190,000 and has been reflected in the proposed budget. LANDSCAPING PARTNERSHIP PROGRAM City staff submitted a letter -of- intent to initiate a partnership with Mn /DOT for its landscaping partnership program, specifically related to the Highway 36 corridor from White Bear Avenue to the City of North Saint Paul city limits. Scott McBride, Metro District Engineer with Mn /DOT recently responded to our application indicating that the landscape partnership process has been initiated. Given the ARRA stimulus work that is currently moving through Mn /DOT, it is likely that landscaping for this area will occur in May /June 2010, however staff is currently working with Mn /DOT to formalize a schedule for landscaping within this corridor. RECOMMENDATION It is recommended that the city council approve the following: 1. Adoption of the Assessment Roll for the Castle Avenue Improvements, City Project 08 -12, less all objections received as noted within this report and objections received at the assessment hearing. Objections will be referred to staff for review and recommendation to the city council at the May 28, 2009 regular meeting. Packet Page Number 34 of 260 Agenda Item J1 2. Enter into purchase agreement with the property owner at 2251 Van Dyke Street for the northern portion of the property for the purposes of street construction. 3. Enter into purchase agreement with the property owner at 2250 White Bear Avenue for the northern portion of the property for the purposes of street construction. 4. Award the Base Bid and Bid Alternate #1 portions of the construction contract for the Castle Avenue Improvements, City Project 08 -12, to T.A. Schifsky and Sons, Inc. of North St. Paul, Minnesota and approve the revised project budget. Attachments: 1. Resolution: Adopting Assessment Roll 2. Resolution: Award of Bid 3. Assessment Roll 4. Location Map 5. Assessment objections 6. Commercial Purchase Agreement — 2250 White Bear Avenue 7. Commercial Purchase Agreement — 2251 Van Dyke Street Packet Page Number 35 of 260 Agenda Item J1 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 13 1 ", 2009, calling for a Public Hearing, the assessment roll for the Castle Avenue Improvements, City Project 08 -12, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Terry Warner, 1998 Castle Avenue (PIN 11- 29 -22 -31 -0060) 2. Dennis Klohs c/o Dick Craven, Central Lakes Properties, 2251 Van Dyke Street (PIN 11- 29 -22 -33 -0005) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on May 28 1 ", 2009, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on May 28'", 2009. 2. The assessment roll for the Castle Avenue Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential and 8 year for commercial, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution, and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 11 day of May 2009. Packet Page Number 36 of 260 Agenda Item A Attachment 2 RESOLUTION RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons, Inc. in the amount of $797,687.05, which includes the Base Bid and Bid Alternate No. 1 portions of the contract, is the lowest responsible bid for the construction Castle Avenue Improvements, City Project 08 -12, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project as follows: Proposed Financing Sources GO Improvement Bonds $ 422,900 PIP Funds $ 190,000 Municipal State Aid $ 86,200 Mn /DOT Turnback $ 75,000 Assessments $ 237,100 Sanitary Sewer Fund $ 25,700 WAC $ 30,000 EUF $ 284,300 Driveway Program $ 10,000 TOTAL $ 1,361,200 Adopted by the council on this 11` day of May, 2009. Packet Page Number 37 of 260 Agenda Item J1 Attachment 3 z o W O ° v O ° v O 000000000000000000000 J O O° O 000000000000000000000 p H N O� O � 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N r 0 (n O M � -- O N O 0 0 0 0 0 0 = = = = = = = = = = = = = = H w co D�� O ro co co co co co co v v v v v v v v v v v v v v v M Ev Ev (» (» (» (» (» (» (» (» (» (» (» (» (» (» (» (» (» (» (» (n Ev (» (» (» (» (» N a � u o o o O ° v o O ° °o 0000 00000000000000 0 0 o J w w o 000000000000000000000 Q W (n o o0 o m " ro" v o O o 0 0 0 0 o c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ c N_ F W N M = O N O O O O O O O 0 N O 0 M 0 0 0 O O O O O O V V V V V V V V V V V V V V V ~ N (n � 6A EA EA EA EA EA U3 EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA EA a w ~ 0 Z Q � O 0 I� N� N 0 O O O N N N N N N N N N N N N N N N M ON O O O O O O O O O O O O O O O M O M N V V V V V V V V V V V V V V V W O LL 0 H W Z K w J Q W J W J W J J Q J Q J Q J Q J Q J Q J Q J Q J Q J Q m m J Q J Q J Q J Q J Q J Q m J Q J Q 7 0 F Z m Q m+ Q v m Q F Z F Z H Z F Z F Z F Z F Z F Z H Z F Z F Z F Z H Z F Z F Z F Z F Z H Z Z O W C) w 0 00 W ❑ W ❑ W ❑ W ❑ W ❑ W ❑ W ❑ W ❑ W ❑ W ❑ w w W C) W C) W ❑ W C) W C) W C) w W C) W ❑ J Q =_ Q Df Q = W W W W W W W W W W W W W W W W W W W Z W W W W W >< Z W W W W W W W Z Z z Z W W W W W W W W W > W > W >¢Ir (n W > W > W > W > W > W >aaaa¢¢ W >UU V UUU W >> W W Q Q Q Z Q Y Z Q Q Q Q Q Q W W Q W w W Q Q J J J W W r J J J J J J W J W J w J W J J J J F J F J J W W 0 f F F F m❑ F F H F F F F F H F F F F (n (n F (n F F F H 0 N Q Q Q W F Q= Q Q Q Q Q Q U U Q U U U U U U Q Q ~ O O O T T> 0000000 U U U U U 00 \Si5 W W N O O O of of of of of O V N M (O N V (O of N V (O of w N O O O O O LL� N LL� N O W O O O O O O N O M O O N O N of N of N O O of O of O of O r O r O r O r O v O v O U) Z Z 0 0 0 W Q z 0 0 0 O 0 C) U U U 0 0 U D 0 ¢ J Z Z w Z z C7 Of z z W z 0 LU O U) z O z U 0 0 0 0 Q w z p z M W W� N� F O K Q K O Q Z w' U` H W W 0❑ Z d' W Y Q S = Z F U F> U❑ Z Q z Z W Z z a F U W Z N > = WOf 0 0 Df O S =� (D Of Of Of0���w (L F= C� o F D C) U w 0¢ m W Z Z U U 0 d O W x� U a Q C) W w W K W W r H r W W } O ❑ _ W 0 Z 0 Z ❑ Y W (� m Q 0 Z p U w w O x W m Df z Of Of Y C) J Z: C) C Z a Q O 0 � a r 0 Of Z H J a a Z Z m �' Q W W Z O Q m Q d' a . Q 0 F U U Y Of U J U Q U w D LULU LU U O W 0Of0 C7 w , 0 ❑ K QQ Q > C) > > w D O N of O V [O LL� LL� O O M O LL O O O N O of M M r rn M rn rn M Q 0 O o 0 0 o M M J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 — 0 0 0 0 0 w U M N M N M N M M M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N Q O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N O N a Packet Page Number 38 of 260 Agenda Item J1 A44n rh mcn4 A Capital Improvement Project for 2009 Castle Avenue Improvements City Project 08 -12 Packet Page Numl ei ~ (� EXHIBIT 1: VICINITY MAP AND < Q PROPOSED PROJECT AREA h AVE. Q Gj r Q ZIT IL CERVA CT. c� 2 AVE. Q AVE. P � COPE AVE. �v K o AVE. z IE Q RD. U Q LAURIE CD RD. :�i J E. w J W Q cl� o Q U CD �. z = Z7 RD. I > B 7 7 AVE. z Community G 64 65 Center TEWAY City Hall PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Castle Avenue Improvements City Project 08 -12 Packet Page Numl ei a tT Agenda Item A Attachment 5 oat 3as_. ASSESSMENT HEARING OBJECTION FORM IMPROVEMENTS :. arks PROJECT ,',1 Address of assessed parcel j L1 4 6 1 f s d cf, .,e r. Property identification numbers (12 digit number) Do you wish to address the city council tonight? Yes No Please complete this form if you intend to appeal to the city council to defer, revise; or cancel your assessment. This form must be completed and filed with the city clerk no later than the oloso of tonight's city council assessment hearing. Your request will become part of the public hearing record. 1 request that the city council consider (check one ): a. ❑ Deferral of assessment b. Senior citizen deferment {over 65 years of age) C. Cancellation of assessment d. El ' Revision of assessment, Reason for the request: { JJ G3.` Print Name Signature' Date x is 1 7/'a•` ° � �" " °.°G Address of Property Owner Zip Telephone Packet Page Number 40 of 260 Agenda Item J1 Attachment 6 COMMERCIAL PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS - and the Minnesota Commercial Association of REALTORS ®, which disclaims any liability arising out of use or misuse of this form. ©2008 Minnesota Association of REALTORS -, Edina, MN 1. Date 14 April 2009 2. Page 1 of _,3_ pages 3. Received of City of Maplewood 4. the sum of one thousand ($ 1000 ) DOLLARS 5, as earnest money and in part payment for the purchase of property (Check, cash or note - state which.) 6. at 2250 White Bear Avenue North situated in the 7. County of Ramsey State of Minnesota, and legally described as follows g See Exhibit A for complete legal of purchase parcel 9. 10, together with the following personal property: n/a 11. 12. 13. all of which property the undersigned has this day sold to Buyer for the sum of: Six thousand two hundred 14. ($) 6,200.00 DOLLARS, which Buyer agrees to pay in the following manner: 15. Earnest money herein ( , paid, $ 1000.00 and $ 5,200.00 cash, on 16. Ap PA!'•1` 9 20 09 , the date of Closing and the balance of $ 0 17. by financing as shown on the attached Addendum. 18. 1. DEED /MARKETAB LE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty 19. Deed conveying marketable title to the property subject only to the following exceptions: 20. (a) building and zoning laws, ordinances, State and Federal regulations; (b) restrictions relating to use or 21. improvement of the premises without effective forfeiture provision; (c) reservation of any minerals or mineral rights 22. to the State of Minnesota; (d) utility and drainage easements which do not interfere with present improvements; 23. (e) rights of tenants as follows: 24. 25. 26. 2. REAL ESTATE TAXES: Real estate taxes due and payable in the year of closing shall be prorated between 27. Seller and Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this 28. Purchase Agreement. Real estate taxes payable in the years prior to closing shall be paid by Seller. Real estate 29. taxes payable in the years subsequent to closing shall be paid by Buyer. 30. 3. SPECIAL ASSESSMENTS: 31. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ❑✓ SELLER SHALL PAY __... (Check one.} ----------------------------------------------------------------- ,------------- __----------- 32. on the date of closing all installments of special assessments certified for payment with the real estate taxes 33. due and payable in the year of closing. 34. ❑ BUYER SHALL ASSUME❑✓ SELLER SHALL PAY ON DATE OF CLOSING all other special assessments -- ------------------------ _.. ---- (Check one.) ---------------- _ ------- _ ------------------- .._ ------------ 35. levied as of the date of this Agreement. 36. ❑ BUYER SHALL ASSUME ❑✓ SELLER SHALL PROVIDE FOR PAYMENT OF special assessments - (Check one.) -------------- _. ---------------------------------- ____.____._ 37. afterthe date of this Purchase Agreement and before the date of closing, Buyer may, at Buyer's option: a assume 38. payment of the pending special assessment without adjustment to the purchase price; or (b) require Seller to pay 39. the pending special assessment (or escrow for payment of same a sum equal to 1 1/2 times the projected MNC:RA -1 (1/08) Packet Page Number 41 of 260 Agenda Item J1 Attachment 6 COMMERCIAL PURCHASE AGREEMENT 40. Page 2 41. pending assessment) and Buyer shall pay a commensurate increase in the purchase price of the property, which 42. increase shall be the same as the estimated amount of the assessment; or (c) declare this Purchase Agreement 43. terminated by written notice to Seller or licensee representing or assisting Seller. If Buyer terminates this 44. Purchase Agreement, Buyer and Seller shall immediately sign a cancellation of purchase agreement directing 45. all earnest money paid hereunder to be refunded to Buyer. Seller shall pay on date of closing any deferred 46. real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 47. 4. PRORATIONS: All items customarily prorated and adjusted in connection with the closing of the sale of the 48. property herein including but not limited to rents, operating expenses, interest on any debt assumed by Buyer, 49. shall be prorated as of the date of closing. It shall be assumed that Buyer will own the property for the entire 50. date of the closing. 51. 5. DAMAGES TO REAL PROPERTY: If there is any loss or damage to the property between the date hereof and 52, the date of closing, for any reason, the risk of loss shall be on Seiler. If the property is destroyed or substantially 53. damaged before the closing, this Purchase Agreement shall terminate, at Buyer's option, if Buyer gives written 54. notice to Seller or licensee representing or assisting Seller of such termination within thirty (30) days of the 55. damage. Upon said termination, Buyer and Seller shall immediately sign a cancellation of purchase agreement 56. directing all earnest money paid hereunder to be refunded Buyer. 57. 6. EXAMINATION OFTITLE: Within a reasonable time after acceptance of this Purchase Agreement, Seller shall 58. provide evidence of title to Buyer or Buyer's designated title service provider, which shall include proper searches 59. covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments, 60. as follows: 61. IFTHE PROPERTY IS ABSTRACT, Seller shall provide either (a) a commitment for an owner's policy of title 62. insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota and Seller 63. shall pay the costs of evidence of title for such title insurance policy, and Buyer shall pay the premium for any 64.. owner's policy or lender's policy issued by the title insurance company, the title examination fee and the fee 65. for any endorsements or other coverages requested by Buyer; or (b) Abstract of Title certified to date. Seller 66. shall pay for all abstracting fees and surrender any abstract in Seller's possession or control to Buyer at 67. Closing. 68. IFTHE PROPERTY ISTORRENS, Seller shall provide, at Buyer's option and request, either: (a) a Registered 69. Property Abstract certified to date; or (b) a commitment for an owner's policy of title insurance on a current ALTA 70. form issued by insurer licensed to write title insurance in Minnesota. Seller shall be responsible to pay, under 71. either option, only those costs necessary to prepare the Registered Property Abstract or commitment. Buyer 72. shall, at Buyer's option, pay for either an attorney's title opinion or the title insurance premium (for both an 73. owner's policy and any lender's policy and the examination fee, together with the costs for any endorsements 74. or other coverages requested by Buyer). 75. Buyer shall have ten (10) business days after receipt of the Abstract of Title, Registered Property Abstract 76. or title insurance commitment to provide Seller, or licensee representing or assisting Seller, with written objections 77, to title. Buyer shall be deemed to have waived any title objections not made within such ten (10) day period, 78. except that this shall not operate as a waiver of Seller's covenant to deliver a Warranty Deed, if a Warranty 79. Deed is specified in this Purchase Agreement. Seller shall use Seller's best efforts to correct any title objections 80, noted by Buyer and to provide marketable title by the date of Closing. In the event Seller has not cured the 81. title objections or otherwise provided marketable title by the date of Closing, Seller shall have an additional 82. thirty (30) days to correct the title objections or otherwise make title marketable. Buyer may waive title 83. objections or other defects by written notice to Seller or licensee representing or assisting Seller. In addition 84, to the thirty (30) day extension, Buyer and Seller may by mutual agreement further extend the Closing date. 85. Lacking such extension, either party may declare this Purchase Agreement terminated and neither party shall 86. be liable for damages to the other. Buyer and Seller shall immediately sign a cancellation of purchase agreement 87, directing all earnest money paid hereunder to be refunded to Buyer. 88. 7. POSSESSION: Seller shall deliver possession of the property on the date of Closing. 89. 8. REPRESENTATIONS AND WARRANTIES: See attached Addendum. 90. 9. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. MNC:PA -2 (1108) Packet Page Number 42 of 260 Agenda Item A Attachment 6 COMMERCIAL PURCHASE AGREEMENT 91. Address 92. Page 3 93. 10. SELLER CERTIFIES THAT SELLER F] DOES DOES NOT KNOW OF A PRIVATE SEWER SYSTEM ON -------- - --- -- (Check one.) ------------- 94. OR SERVING THE PROPERTY: (If answer is DOES, see Private Sewer System Disclosure.) 95. 11. SELLER CERTIFIES THAT SELLER ❑ DOES ✓❑ DOES NOT KNOW OF ANY WELLS ON OR SERVING . . .. ..........(Check one.) ...... .------ 96. THE PROPERTY. (If answer is DOES, see Well Disclosure Statement.) 97. 12. ADDENDA. Attached are (number) Addenda which are made a part of this Purchase Agreement. 98. 13, MISCELLANEOUS PROVISIONS. 99. (a) Survival. All of the warranties, representations and covenants of this Agreement shall survive and be 100. enforceable after the closing. 101. (b) Entire Agreement; Modification. This Purchase Agreement constitutes the complete agreement between 102. the parties and supersedes any prior oral or written agreements between the parties regarding the property. 103. There are no verbal agreements that change this Purchase Agreement and no waiver of any of its terms 104. will be effective unless in writing executed by the parties. 105. (c) Successors and Assigns. If this Purchase Agreement is assigned, all provisions of this Purchase 106. Agreement shall be binding on successors and assigns. 107. 14. ACCEPTANCE DEADLINE. This ffer to purchase, unless accepted sooner, shall be null and void at x 108. 11:59 p.m., Apr+l�6ct 20 09 and in such event all earnest money shall be refunded to 109. Buyer. ` 110. NOTICE 111 Represents (Agent) (Company Name) 112. Represents (Agent) (Company Name) 113. (Seller's Signature) (Date) (Buyers Signature) (Date) 114, (Seller's Printed Name) (Buyer's Printed Name) 115. (Social Security Number or Federal Tax ID number- optional) (Marital Status) (Social Security Number or Federal Tax ID number - optional) (Marital Status) 116. (Sellers Signature) (Date) (Buyer's Signature) (Date) 117. (Seller's Printed Name) (Buyer's Printed Name) 118. (Social Security Number or Federal Tax ID mimher - optional) (Social Security Number or Federal Tax lD number - optional) 119. THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. MNC:PA -3 (1/08) Packet Page Number 43 of 260 Agenda Item J1 Attachment 6 Stewart Title Guaranty Company Commitment Number: MT09- 2233 -C SCHEDULE A 1. Commitment Date: April 6, 2009 at 08:00 AM 2. Policy (or Policies) to be issued: (a) Owner's Policy ( ) Proposed Insured: City of Maplewood (b) Loan Policy ( ) Proposed Insured: Policy Amount $ 6,200.00 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by: Arthur B. Engstrom and Margaret Engstrom, Trustees of the Arthur B. Engstrom Revocable Trust Agreement date December 1. 1993 and their successors in trust 4. The land referred to in the Commitment is described as follows: All that part of the Westerly 78.72 feet of the Easterly 188.72 fee of Lots 1 and 2, Block 4, Smith and Taylor's addition to North St. Paul, including the Westerly 78.72 feet of the Easterly 188.72 feet of the North 112 of Lark Avenue, now vacated, which is adjacent to and South of said Lot 2, Block 4, lying northerly of the following described line: Commencing at the northeast corner of the above described property, said northeast corner also being the intersection of the east line of the above described property and the southerly right of way line of Service Road "D ", as shown on MN /DOT Right of Way Map No. 04 -83; thence south, along said east line of the above described property, a distance of 22.07 feet to the point of beginning of said line to be described; thence west, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 43.14 feet, more or less, to said southerly right of way line of Service Road "D ", and said line there terminating, Ramsey County, Minnesota. ALTA Commitment Schedule A (10/17192) (MT09- 2233 -C. P F D / MT 09 -2 233 -C /2 ) Packet Page Number 44 of 260 Agenda Item J1 Attachment 6 Stewart Title Guaranty Company Commitment Number: MT09- 2233 -C SCHEDULE B - SECTION 1 REQUIREMENTS The following requirements must be met: 1. Midland Title is not in possession of the abstract of title and will not be responsible for providing one. 2. Certificate of Trust and Affidavit of Trustee must be submitted and recorded with the Trustee's Deed from Arthur B. Engstrom and Margaret Engstrom, Trustees of the Arthur B. Engstrom Revocable Trust Agreement date December 1, 1993 and their successors in trust to the City of Maplewood. NOTE: A resolution from the City Council or appropriate governing agency must be recorded authorizing the purchase of the property to be insured. Further, since the property to be insured is being split from a larger parcel, purchaser to confirm whether taxes for 2009 must be paid prior to the recording of the deed. 3. Midland Title's Affidavit Regarding Seller(s) or an affidavit of similar form must be signed at the closing by Arthur B. Engstrom and Margaret Engstrom, Trustees of the Arthur B. Engstrom Revocable Trust Agreement date December 1, 1993 and their successors in trust.. 4. NOTE: Certificate(s) of Real Estate Value must accompany the deed(s) for filing. 5. NOTE: A Well Disclosure Certificate must accompany the deed for filing or the following recital must appear on the deed(s). The seller certifies that the seller does not know of any wells on the described property. 6. NOTE: Sellers Tax Information Form must be executed at closing, pursuant to the Tax Reform Act of 1986, which requires Real Estate 1099B Report filing. 7. Verify prior to closing that there are no unpaid water /utility charges on the subject property. 8. We require photo identification of all parties signing documents in this transaction. 9. NOTE: In order for Midland Title to close this transaction, we require that either certified funds or wired funds (good funds) be received and collected by Midland Title at or prior to closing. If funds are only provided by certified funds and are not deposited in escrow with Midland Title prior to the closing date all disbursements may be held until such funds are considered collected. 10. NOTE: Midland Title, an agent for Stewart Title Guaranty Company, provides Gap Coverage on policies from the effective date of the Title Commitment up to the date of recording of the mortgage document. This coverage is provided on the following conditions: Midland Title authorizes the actual closing, issues a full ALTA title insurance policy, and disburses all proceeds. 11. Commitment examined and typed on April 21, 2009. If you have any questions regarding this commitment contact Sue at 612- 866 -6102. To schedule the closing contact Sue at 612- 866 -6102. ALTA Commitment Schedule B- Section (10/17192) (MT09- 2233 -C. PFD /MT09- 2233 -C /3) Packet Page Number 45 of 260 Agenda Item J1 Attachment 6 Stewart Title Guaranty Company Commitment Number: MT09- 2233 -C SCHEDULE B - SECTION Il EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties other than the Insured in actual possession of any or all of the premises. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments that an accurate and complete survey would disclose. 4. Unfiled mechanics' or materialmens' liens. 5. Taxes for the year 2009 in the amount of $44,884.00 (Base: $44,884.00) are not yet due and payable. (NOTE: The first 112 2009 taxes are due on or before May 15, 2009, the 2nd 112 taxes are due on or before October 15, 2009.) The 2008 and prior years' taxes are paid. The property tax identification number is 11- 29 -22 -33 -0051. (NOTE: Covers additional property.) City to verify if seller will be requried to pay 2009 taxes in full in order to record the deed. The 2009 taxes are non - homestead. No representation is made regarding subsequent years' homestead status. 6. Final certificate by State of Minnesota for trunk highway purposes as shown in Document No. 1538089 recorded June 9, 1961 (Parcel 22). 7. Vacation of the West 300 feet of Lark Street lying between White Bear Avenue and Van Dyke Street as shown in Document No. 1547918 recorded October 16, 1961. 8. Easement as shown in Document No. 1550341 recorded November 20, 1961, modified by Document No. 1739657 recorded December 3, 1968. 9. Vacation of the east -west alley in Block 4, Smith and Taylors Addition to North Saint Paul from Van Dyke Street to White Bear Avenue as shown in Document No. 1677959 recorded June 9, 1966. 10. Easement in favor of Village of Maplewood 10 feet on either side of centerline of vacated Lark Avenue from centerline of Van Dyke Street to a point 262 feet westerly thereof, situated in Blocks 4 and 13, Smith and Taylor's Addition to North Saint Paul as shown in Document No. 1686533 recorded November 11, 1966. 11. Easement in favor of Village of Maplewood 15 feet North and 15 feet South of the centerline of vacated Laurie Road lying between the west line of Van Dyke Street and the east line of White Bear Avenue, Blocks 4 and 13, Smith and Taylor's Addition to North Saint Paul as shown in Document No. 1692654 recorded January 16, 1967. 12. Final Certificate by County of Ramsey for construction and maintenance of White Bear Avenue as shown in Document No. 1694516 recorded March 3, 1967. 13. Resolution changing zoning as shown in Document No. 1811518 recorded October 28, 1971. 14. NOTE: It is unclear from the survey provided if the exceptions listed above affect the property to be insured. If the exceptions do not affect the parcel to be insured contact the examiner and those exceptions shall be removed from the final policy. (MT09- 2233 -C. P FD /MT09- 2233 -C /4 ) Packet Page Number 46 of 260 Agenda Item A Attachment 7 COMMERCIAL PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS® and the Minnesota Commercial Association of REALTORS -, which disclaims any liability arising out of use or misuse of this form. © 2008 Minnesota Association of REALTORS -, Edina, MN 1. Date 14 April 2009 2. Page 1 of 3 pages 3. Received of City of Maplewood 4. the sum of five thousand 61 (Check, cash or note - state which.) 6. at 2251 Van Dyke Street situated in the 7. County of Ramsey State of Minnesota, and legally described as follows g See Exhibit A for complete legal of purchase parcel 10, together with the following personal property: 11 12 13. all of which property the undersigned has this day sold to Buyer for the sum of: Fortysix thousand two hundred dolla 14 ($) 46,200.00 DOLLARS, which Buyer agrees to pay in the following manner: 15. Earnest money herein paid $, 5000.00 and $ 41,200.00 cash, on 16. Aped MIA I 20 09 the date of Closing and the balance of $ 0 17. by financing as shown on the attached Addendum. 18. 1. DEED /MARKETAB LE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver aWarranty 19. Deed conveying marketable title to the property subject only to the following exceptions: 20. (a) building and zoning laws, ordinances, State and Federal regulations; (b) restrictions relating to use or 21. improvement of the premises without effective forfeiture provision; (c) reservation of any minerals or mineral rights 22. to the State of Minnesota; (d) utility and drainage easements which do not interfere with present improvements; 23. (e) rights of tenants as follows: 24. 25. 26. 2. REAL ESTATE TAXES: Real estate taxes due and payable in the year of closing shall be prorated between 27. Seller and Buyer on a calendar year basis to the actual date of closing unless otherwise provided in this 28. Purchase Agreement. Real estate taxes payable in the years prior to closing shall be paid by Seller. Real estate 29. taxes payable in the years subsequent to closing shall be paid by Buyer. 30. 3. SPECIAL ASSESSMENTS: 31. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING Q SELLER SHALL PAY ----- . __. --------------------- --------- -------------------- _. ---------- ._.. - ---------- Check one. _ 32. on the date of closing all installments of special assessments certified for payment with the real estate taxes 31 due and payable in the year of closing. 34. ❑ BUYER SHALL ASSUME OSELLER SHALL PAY ON DATE OF CLOSING all other special assessments 35. levied as of the date of this Agreement. 36. ❑ BUYER SHALL ASSUME 0 SELLER SHALL PROVIDE FOR PAYMENT OF special assessments --------- ,-------------- .. ---- ... -------------------- .._..__ --- (Check one. ------------------------------------ _------------------------------ 37. after the date of this Purchase Agreement and before the date of closing, Buyer may, at Buyer's option: (a) assume 38. payment of the pending special assessment without adjustment to the purchase price; or (b) require Seller to pay 39, the pending special assessment (or escrow for payment of same a sum equal to 1 1/2 times the projected MNCRA -1 (1/08) Packet Page Number 47 of 260 ) DOLLARS as earnest money and in part payment for the purchase of property Agenda Item A Attachment 7 COMMERCIAL PURCHASE AGREEMENT 40. Page 2 41, pending assessment) and Buyer shall pay a commensurate increase in the purchase price of the property, which 42. increase shall be the same as the estimated amount of the assessment; or (c) declare this Purchase Agreement 43. terminated by written notice to Seller or licensee representing or assisting Seller. If Buyer terminates this 44. Purchase Agreement, Buyer and Seller shall immediately sign a cancellation of purchase agreement directing 45, all earnest money paid hereunder to be refunded to Buyer. Seller shall pay on date of closing any deferred 46. real estate taxes or special assessments payment of which is required as a result of the closing of this sale. 47. 4. PRORATIONS: All items customarily prorated and adjusted in connection with the closing of the sale of the 48. property herein including but not limited to rents, operating expenses, interest on any debt assumed by Buyer, 49, shall be prorated as of the date of closing. It shall be assumed that Buyer will own the property for the entire 50. date of the closing. 51. 5. DAMAGES TO REAL PROPERTY: If there is any loss or damage to the property between the date hereof and 52. the date of closing, for any reason, the risk of loss shall be on Seller. If the property is destroyed or substantially 53. damaged before the closing, this Purchase Agreement shall terminate, at Buyer's option, if Buyer gives written 54. notice to Seller or licensee representing or assisting Seller of such termination within thirty (30) days of the 55. damage. Upon said termination, Buyer and Seller shall immediately sign a cancellation of purchase agreement 56. directing all earnest money paid hereunder to be refunded Buyer. 57. 6. EXAMINATION OFTITLE: Within a reasonable time after acceptance of this Purchase Agreement, Seller shall 58, provide evidence of title to Buyer or Buyer's designated title service provider, which shall include proper searches 59, covering bankruptcies, state and federal judgments and liens, and levied and pending special assessments, 60. as follows: 61. IF THE PROPERTY IS ABSTRACT, Seller shall provide either (a) a commitment for an owner's policy of title 62, insurance on a current ALTA form issued by an insurer licensed to write title insurance in Minnesota and Seller 63. shall pay the costs of evidence of title for such title insurance policy, and Buyer shall pay the premium for any 64. owner's policy or lender's policy issued by the title insurance company, the title examination fee and the fee 65. for any endorsements or other coverages requested by Buyer; or (b) Abstract of Title certified to date. Seller 66. shall pay for all abstracting fees and surrender any abstract in Seller's possession or control to Buyer at 67. Closing. 68. IFTHE PROPERTY ISTORRENS, Seller shall provide, at Buyer's option and request, either: (a) a Registered 69. Property Abstract certified to date; or (b) a commitment for an owner's policy of title insurance on a current ALTA 70. form issued by insurer licensed to write title insurance in Minnesota. Seller shall be responsible to pay, under 71. either option, only those costs necessary to prepare the Registered Property Abstract or commitment. Buyer 72. shall, at Buyer's option, pay for either an attorney's title opinion or the title insurance premium (for both an 73, owner's policy and any lender's policy and the examination fee, together with the costs for any endorsements 74. or other coverages requested by Buyer). 75. Buyer shall have ten (10) business days after receipt of the Abstract of Title, Registered Property Abstract 76. ortitle insurance commitment to provide Seller, or licensee representing or assisting Seller, with written objections 77, to title. Buyer shall be deemed to have waived any title objections not made within such ten (10) day period, 78. except that this shall not operate as a waiver of Seller's covenant to deliver a Warranty Deed, if a Warranty 79, Deed is specified in this Purchase Agreement. Seller shall use Seller's best efforts to correct any title objections 80, noted by Buyer and to provide marketable title by the date of Closing. In the event Seller has not cured the 81, title objections or otherwise provided marketable title by the date of Closing, Seller shall have an additional 82. thirty (30) days to correct the title objections or otherwise make title marketable. Buyer may waive title 83. objections or other defects by written notice to Seller or licensee representing or assisting Seller. In addition 34, to the thirty (30) day extension, Buyer and Seller may by mutual agreement further extend the Closing date. 85. Lacking such extension, either party may declare this Purchase Agreement terminated and neither party shall 86, be liable for damages to the other. Buyer and Seller shall immediately sign a cancellation of purchase agreement 87. directing all earnest money paid hereunder to be refunded to Buyer. 88. 7. POSSESSION: Seller shall deliver possession of the property on the date of Closing. 89. 8. REPRESENTATIONS AND WARRANTIES: See attached Addendum. 90. 9. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. MNC:PA -2 (1/08) Packet Page Number 48 of 260 Agenda Item A Attachment 7 COMMERCIAL PURCHASE AGREEMENT 91. Address 92. Page 3 93. 10. SELLER CERTIFIES THAT SELLER ❑ DOES ❑✓ DOES NOT KNOW OF A PRIVATE SEWER SYSTEM ON ---- -- - - --- ---( Check one.) ------------- 94. OR SERVING THE PROPERTY: (If answer is DOES, see Private Sewer System Disclosure.) 95. 11. SELLER CERTIFIES THAT SELLER ❑ DOES ✓❑ DOES NOT KNOW OF ANY WELLS ON OR SERVING ------ - - - - -- --( Check one.) ------------- 96. THE PROPERTY. (If answer is DOES, see Well Disclosure Statement.) 97. 12. ADDENDA. Attached are (number) Addenda which are made a part of this Purchase Agreement. 98, 13. MISCELLANEOUS PROVISIONS. 99. (a) Survival. All of the warranties, representations and covenants of this Agreement shall survive and be 100, enforceable after the closing. 101. (b) Entire Agreement; Modification. This Purchase Agreement constitutes the complete agreement between 102. the parties and supersedes any prior oral or written agreements between the parties regarding the property. 103. There are no verbal agreements that change this Purchase Agreement and no waiver of any of its terms 104. will be effective unless in writing executed by the parties. 105. (c) Successors and Assigns. If this Purchase Agreement is assigned, all provisions of this Purchase 106. Agreement shall be binding on successors and assigns. 107. 14. ACCEPTANCE DEADLINE. This o er to purchase, unless accepted sooner, shall be null and void at 108. 11:59 p.m., Apra1 - 20 `M &t -,'20 09 and in such event all earnest money shall be refunded to 109. Buyer. ! 110. NOTICE 111. Represents (Agent) (Company Name) 112. Represents (Agent) (Company Name) 113. (Seller's Signature) (Date) (Buyer's Signature) ( Date ) 114. (Sellers Printed Name) (Buyer's Printed Name) 115. (Social Security Number or Federal Tax ID number - opticnal)(Marital Status) (Social Security Number or Federal Tax ID numher- optional) (Marital Status) 116. (Seller's Signature) (Date) (Buyers Signature) (Dale) 117. (Seller's Printed Name) (Buyers Printed Name) 118. (Social Security Number or Federal Tax ID number- optional) (Social Security Number or Federal Tax ID number- optional) THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. 119. MNC:PA -3 (1106) Packet Page Number 49 of 260 Agenda Item J1 Attachment 7 Stewart Title Guaranty Company Commitment Number: MT09- 2232 -C SCHEDULE A 1. Commitment Date: April 6, 2009 at 08:00 AM 2. Policy (or Policies) to be issued: (a) Owner's Policy ( ) Proposed Insured: City of Maplewood (b) Loan Policy ( ) Proposed Insured: Policy Amount $ 46,200.00 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date, by: Richard F. Craven 4. The land referred to in the Commitment is described as follows: All that part of the Easterly 110 feet of Lots 1 and 2, Block 4, SMITH AND TAYLOR'S ADDITION TO NORTH St. PAUL, according to the recorded plat thereof, including the North Yz of vacated Lark Avenue which is adjacent to and South of the Easterly 110 feet of said Lot 2 and including the part of the vacated alley in said Block 4 lying adjacent to and between THE EASTERLY 110 FEET OF SAID LOT 1 AND the Easterly 110 feet of said Lot 2, Ramsey County, Minnesota, lying northerly of the following described line: Commencing at the northwest corner of the above described property; said northwest corner also being the intersection of the west line of the above described property and the southerly right of way line of Service Road "D ", as shown on Mn /Dot Right Of Way Map No. 04 -83; thence south, along said west line of the above described property, a distance of 13.00 feet to the point of beginning of said line to be described; thence northeasterly, deflecting to the left, 114 degrees 18 minutes 13 seconds, a distance of 24.56 feet; thence northeasterly, deflecting to the right, 05 degrees 13 minutes 45 seconds, a distance of 31.59 feet; thence easterly, a distance of 41.01 feet along a tangential curve concave to the south, having a radius of 80.00 feet and a central angle of 29 degrees 22 minutes 16 seconds; thence southeasterly, a distance of 21.32 along a compound curve concave to the southwest having a radius of 20.00 feet and a central angle of 61 degrees 04 minutes 43 seconds, to the east line of the above described property, and said line there terminating. ALTA Commitment Schedule A (10117/92) (MT09- 2232 -C. PFD /MT09- 2232 -C /2) Packet Page Number 50 of 260 Agenda Item J1 Attachment 7 Stewart Title Guaranty Company Commitment Number: MT09- 2232 -C SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: 1. Midland Title is not in possession of the abstract of title and will not be responsible for providing one. 2. Partial Release of Mortgage executed by Albert J. Kamps and Sally L. Kamps, husband and wife, as mortgagors in favor of Americana Bank, recorded December 24, 1996 as Document No. 2970586 in the amount of $544,000.00. Assumption Agreement by Richard F. Craven and Excel Bank recorded January 6, 2000 as Document No, 3298880, Modification Agreement recorded December 31, 2002 as Document No. 3570773. Amended Mortgage recorded June 21, 2006 as Document No. 3960088. 3. Partial Release of Assignment of Leases and Rents recorded December 24, 1996 as Document No. 2970587. 4. Deed from Richard F. Craven, and spouse, if any to City of Maplewood must be signed and recorded. A resolution from the City Council or appropriate governing agency must be recorded authorizing the purchase of the property to be insured. Further, since the property to be insured is being split from a larger parcel, purchaser to confirm whether taxes for 2009 must be paid prior to the recording of the deed. NOTE: The loan modification documents indicate that Richard was married to a Virginia K. Craven. If the Cravens are no longer married contact the examiner for additional requirements. If they are still married, Virginia must join in the execution of the deed. 5. Midland Title's Affidavit Regarding Seller(s) or an affidavit of similar form must be signed at the closing by Richard F. Craven and spouse, if any. 6. NOTE: Cerdficate(s) of Real Estate Value must accompany the deed(s) for filing. 7. NOTE: A Well Disclosure Certificate must accompany the deed for filing or the following recital must appear on the deed(s). The seller certifies that the seller does not know of any wells on the described property. 8. NOTE: Sellers Tax Information Form must be executed at closing, pursuant to the Tax Reform Act of 1986, which requires Real Estate 1099B Report filing. 9. Verify prior to closing that there are no unpaid water /utility charges on the subject property. 10. We require photo identification of all parties signing documents in this transaction. 11. NOTE: In order for Midland Title to close this transaction, we require that either certified funds or wired funds (good funds) be received and collected by Midland Title at or prior to closing. If funds are only provided by certified funds and are not deposited in escrow with Midland Title prior to the closing date all disbursements may be held until such funds are considered collected. 12. NOTE: Midland Title, an agent for Stewart Title Guaranty Company, provides Gap Coverage on policies from the effective date of the Title Commitment up to the date of recording of the mortgage document. This coverage is provided on the following conditions: Midland Title authorizes the actual closing, issues a full ALTA title insurance policy, and disburses all proceeds. 13. Commitment examined and typed on April 21, 2009. If you have any questions regarding this commitment contact Sue at 612 - 866 -6102. To schedule the closing contact Sue at 612 - 866 -6102. ALTA Commitment Schedule B - Section i (10117192) (MT09- 2232- C.PFDf MT09- 2232 -C13) Packet Page Number 51 of 260 Agenda Item J1 Attachment 7 Stewart Title Guaranty Company Commitment Number: MT09- 2232 -C SCHEDULE B - SECTION II EXCEPTIONS Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. 1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 2. Rights or claims of parties other than the Insured in actual possession of any or all of the premises. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments that an accurate and complete survey would disclose. 4. Unfiled mechanics' or materialmens' liens. 5. Taxes for the year 2009 in the amount of $35,126.00 (Base: $$34,505.63) are not yet due and payable. (NOTE: The first 1/2 2009 taxes are due on or before May 15, 2009, the 2nd 112 taxes are due on or before October 15, 2009.) The 2008 and prior years' taxes are paid. The property tax identification number is 11- 29 -22 -33 -0005. The 2009 taxes are non - homestead. No representation is made regarding subsequent years' homestead status. City to verify if seller will be requried to pay 2009 taxes in full in order to record the deed. 6. NOTE: A special assessment search has been ordered from the City and will be forwarded upon receipt. 7. Final certificate by State of Minnesota for trunk highway purposes as shown in Document No. 1538089 recorded June 9, 1961 (Parcel 22). 8. Vacation of the West 300 feet of Lark Street lying between White Bear Avenue and Van Dyke Street as shown in Document No. 1547918 recorded October 16, 1961. 9. Easement as shown in Document No. 1550341 recorded November 20, 1961, modified by Document No. 1739657 recorded December 3, 1968. 10. Vacation of the east -west alley in Block 4, Smith and Taylor's Addition to North Saint Paul from Van Dyke Street to White Bear Avenue as shown in Document No. 1677959 recorded June 9, 1966. 11. Easement in favor of Village of Maplewood 10 feet on either side of centerline of vacated Lark Avenue from centerline of Van Dyke Street to a point 262 feet westerly thereof, situated in Blocks 4 and 13, Smith and Taylor's Addition to North Saint Paul as shown in Document No. 1686533 recorded November 11, 1966. 12. Easement in favor of Village of Maplewood 15 feet North and 15 feet South of the centerline of vacated Laurie Road lying between the west line of Van Dyke Street and the east line of White Bear Avenue, Blocks 4 and 13, Smith and Taylor's Addition to North Saint Paul as shown in Document No. 1692654 recorded January 16, 1967, 13, Final Certificate by County of Ramsey for construction and maintenance of White Bear Avenue as shown in Document No. 1694516 recorded March 3, 1967. 14. Resolution changing zoning as shown in Document No. 1811518 recorded October 28, 1971. 15. NOTE: It is unclear from the survey provided if the exceptions listed above affect the property to be insured. If the exceptions do not affect the parcel to be insured contact the examiner and those exceptions shall be removed from the final policy. (MT09- 2232 -C. PFD /MT09- 2232 -C /4) Packet Page Number 52 of 260 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 53 of 260 Agenda Item K1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Century Avenue Improvements, Project 03 -15 1. Resolution Adopting Revised Assessment Roll DATE: May 4, 2009 INTRODUCTION On April 27` 2009, the city council approved a resolution for the adoption of the Assessment Roll for the Century Avenue Improvements. There were a total of two (2) objections received prior to the close of the hearing and city staff's recommendations for action on the two objections are provided for the council to revise or confirm the final assessment roll for the project. BACKGROUND The assessment roll was submitted to the city council for adoption at the April 28` 2008 council meeting. Residents and owners were provided with the required advance notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. Following are those with written objections: Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014): It is currently proposed that the property be assessed along Century Avenue as part of the Century Avenue project. The objection has been provided as a supplement to this report. 2. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): It is currently proposed that the property be assessed along Century Avenue, and a portion of Upper Afton which is being reconstructed as part of the Century Avenue project. The objection has been provided as a supplement to this report. RECOMMENDED ADJUSTMENTS Both properties are receiving a direct benefit as a result of the project improvements which include upgrading the corridor from a 2 -lane rural section to a 4 -lane urban section with concrete curb and gutter and a fully reconstructed roadway. The project improvements increase capacity of the roadway and allow for a better level of service. In speaking with Ramsey County officials, appraisals were performed on both parcels for the required permanent and temporary easements to determine compensation. In addition the County took into consideration severance /damages and intangible business interest. The benefit to the subject properties is being provided from the physical improvements created by the project, which does not take into account the County acquisitions process. The law requires the County make the property owners whole after their action. The city special assessment action is separate. The city feels that reduction of the assessment amount for each parcel by 15% is reasonable considering inconvenience from temporary construction impacts but the properties are still receiving special benefit from the project improvements. If the subject property owners do not agree with the Packet Page Number 54 of 260 Agenda Item K1 revised assessment amount there is an appeals process that can be used. Therefore the following action is recommended by staff for the objection requests: 1. Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014): Grant revision of assessment (15% reduction) from $19,080.00 to $16,218.00. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): Grant revision of assessment (15% reduction) from $22,937.50 to $19,496.88. BUDGET IMPACT The projected assessment revenue is $319,294.42. And a revision in assessment amount to the two parcels results in a reduction in revenue of $6,302.62. The revised assessment revenue after adjustments amounts to $312,991.80. The original budget had planned for revenues of $312,158.73. Thus there are no impacts to the approved budget through the recommendation. RECOMMENDATION Staff recommends that the city council approve the attached Resolution for the Adoption of the Revised Assessment Roll for the Century Avenue Improvements, Project 03 -15. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Location Map 4. Assessment objections (2) Packet Page Number 55 of 260 Agenda Item K1 Attachment 1 RESOLUTION ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 23'', 2009, the assessment roll for the Century Avenue Improvements, City Project 03 -15, was presented in a Public Hearing format on April 27` 2009, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, two property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014): It is currently proposed that the property be assessed along Century Avenue as part of the Century Avenue project. The objection has been provided as a supplement to this report. 1. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): It is currently proposed that the property be assessed along Century Avenue, and a portion of Upper Afton which is being reconstructed as part of the Century Avenue project. The objection has been provided as a supplement to this report. 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 Century Avenue Improvements, City Project 03 -15: 1. Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014): Grant revision of assessment (15% reduction) from $19,080.00 to $16,218.00. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): Grant revision of assessment (15% reduction) from $22,937.50 to $19,496.88. B. The assessment roll for the Century Avenue Improvements, City Project 03 -15, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the Packet Page Number 56 of 260 Agenda Item K1 Attachment 1 year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 11th day of May 2009. Packet Page Number 57 of 260 r. m 0 0 T U O C E E y N N a ,N. E E E N C Q J N U F Z D 0 ° o w w W U 0 0 Q F Z W 0 W K O O F Z O K LL 0 O U3 II Agenda Item K1 Attachment,2 0 Packet Page Number 58 of 260 N Z W O O N O O O O O O O Z w N a� �o��ooa000�o a� rn m F r W O (O O O O W N N M V F N N U) O M M U) O O W I� O) i0 LL� O) N N N V W O) a a � Z z u H W o o v o 0 0 0 0 ro H W J W V) v ro c a °° o ro M W V) F p' N r M o o M rn co co p' V) O H W V (O LL7 of N (O O) O O O H W F a a z z Z g � ° o ° o ° M ° o ° o ° o ° °. ° o ° o ° o Z g W ° M K o 0oio o °o o�i K� � 0 0 0 co O fn V V ( W N O N N C4 C4 C4 r-: C11� N M- N N fA N a a J w ? w UH-0 Q O i O OOOOOO U WZaOOroO OOOOOO MZa W O H 6 O W O N O 6 O LL� O) W O H � w O M LL M V O LL N O N W 2 w O M LL0— — V N � I� N O 210 U U a a W� W� Z Z N O 7 O 7 N N W W K K Z M M M M M Z Z Z Z Z w w w w w w w O w w w w J F > > > > > > > >> > > > > > < < < < < < < w < < < < F W > > > > > > > > > > > O Y z z z z z z z O z z z z w w w w w w w w w w w U U U U U U U m U U U U W W W W W m r r o r � rn rn rn M N N Z Z � W J 0 < U w Z 0 U a U Z a Z< J F LL < J w O O 2E z C7 a w w U U O w J�� 0 J 0 F J LL Y a 0= J w U< O 0 O 0 z M w U 0 m 0 K w 0 0 Z Z Z< < O w U = K < a D U V) w w O w = N w = F J w LL a m O K M F Z W N O 0 O 0 0 0 0 0 0 0 O N 0 O O 0 O 0 N 0 fn 0 0 0 0 O O 0 0 0 0 0 0 W J W U N N N N N N N N N N N N a N N N N N N N N N N N N a N N N N N N N N N N N N pJ d 0 0 0 0 0 0 0 0 0 0 0 0 O N F Z D 0 ° o w w W U 0 0 Q F Z W 0 W K O O F Z O K LL 0 O U3 II Agenda Item K1 Attachment,2 0 Packet Page Number 58 of 260 EXHIBIT 1 LOCATION MAP Agenda Item K1 Attachment 3 --yv k' a I R IIV, a Ott r t��r r Mr ; UPP ER AFTON RD Lj .._ MAPLEWOOD �W w w LOWER- AFTON' RD Q w� > ...,,r" 4 j z + 1 lx 2 µ iRnB1YT`h`l}1 A�I7G £ ALk.I Y PROPOSED IMPROVEMENTS _� I � f ' LAKE ROAD \( A DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to he used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to he used for reference purposes only. SOURCES: Ramsey Connty (April 30, 2007), The Lawrence Gronp :April 30, 2007 for Connty parcel and property records data: April 2007 for commercial and 59 of 260 Agenda Item K1 Attachment 4 April 20, 2009 The following Proposed assessment objection was received at City Hall and the original is on file in the City Clerk's office. Please handle accordingly. Thank you, Lisa Kroll Citizen Services Packet Page Number 60 of 260 Agenda Item K1 Attachment 4 Hogda LLC D.B.A. Century Ave. Service 9 Century Ave N. Maplewood, MN 55119 Re: Proposed Assessment Dear Karen Guilfoiie, Please accept this notice of objection delivered to you by U.S. Mail. 17idt k -you, Sean Kiger Packet Page Number 61 of 260 - Agenda Item K1 Attachment 4 CITY OF MAPLEWOOD COUNTY OF 12AMSEY In Re: Proposed Levy of Special Flssessment$ Against 9 Century Avenue North St. Paul, MN 55119 -4706 SECOND JUDICIAL DISTRICT NOTICE OF OBJECTION TO PROPOSED ASSESSMENT TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD AND THE MAPLEWOOD CITY CLERK Notice is hereby given that the undersigned, as fee cnvuers of the real property located at 9 Century Avenue Nott}t, St. Paul, MN 55119 -4706, Parcel Identification No.01- 23221 - 400-05, object to the proposed special assessment of their property for alleged improvements to 9 Century Avenue North resulting from City Project # 03 -15: Century Avenue Improvements upon the following grounds: L The subject parcel has not derived any special benefit from the alleged improvements. To the contrary, the property has been sutrstaarntiaily damaged and diminished in market value as a result of the so- called improvements. 2. The City has failed to obtain any before and after market value appraisal to sustain any assessment against the subject property. 3. The proposed criteria and method used to determine the assessments upon the subject property are not proper for the imposition of a special assessment, are not in accord with the constitutional, statutory or municipal assessment policy requirements, and are, therefore, arbitrary and capricious, and thus, deprive the undersigned of property without due process of law, contrary to the requirements of the United States Constitution. Packet Page Number 62 of 260 Agenda Item K1 Attachment 4 4. The proposed assessment includes costs and contingency factors not authorized under Chapter 429 and is therefore, void. 5. The proposed assessment is contrary to and violates Minnesota Statutes, Chapter 429. 6_ The proposed assessment is arbitrary, capricious, confiscatory and unreasonable. 7. The proposed assessment does not result in any benefit, special or otherwise, to the subject property. 8. The subject property is not specifically benefited by the improvements. 9. The subject property has not and will not increase in market value as a result of the improvements. 10. The levying of said assessment constitutes an unconstitutional taking of the undersigned's property_ 11, The public hearing in said assessment was not proper notice in conformity with Minnesota Statutes 429.061 and 429.081. 12. The subject parcel has been unfairly and unequally assessed in comparison to other similarly situated properties in violation of state and federal law. Packet Page Number _2_ 63 of 260 Agenda Item K1 11 The City has failed to assess every assessable lot, piece or parcel of lar Aechment 4 required Minnesota Statues § 429.061. Dated: April f 5 2009. HOODA, LLC By: Marne: Richard Luhrs Its: President 4 By: _� Name: 1 5ar Kiger Its: Vice President Packet Page Number 64 of 260 3M {rz a #y •fi fir+ x.a •,ti E Ida N? S i. 1 Packet Page Number 65 of 260 V by J V 1111 Y1 4 3M {rz a #y •fi fir+ x.a •,ti E Ida N? S i. 1 Packet Page Number 65 of 260 Agenda Item K1 Attachment 5 April 23, 2009 The following Proposed Objection of Assessment paperwork was submitted to the City Clerk's office on Thursday, April 23, 2009. Please handle accordingly. The original paper work is on file in the City Clerk's office. Thank you, Lisa Kroll Packet Page Number 66 of 260 Vot r: April 22, 2009 Clerks' Office 2nd JUDICIAL DISTRICT Maplewood Suburban Courthouse 2050 White Bear Ave Maplewood MN 55109 In Re: Proposed Levy of Special Assessments Against 1 I Century Avenue South, St. Paul, MN 55119 -4706 Dear Clerk: Enclosed please find a signed original and three copies of our NOTICE OF OBJECTION TO PROPOSED ASSESSMENT, which we are filing in the above - referenced matter. We respectfully request that this Notice be made part of the record prior to the next hearing. If you have any questions, please give me a call. Thank you for your time and kind attention. Greg Whitman Region Director Agenda Item K1 Attachment 5 APR 2 2 2n Packet Page Number An Equal Opportunity Employer 67 of 260 t STATE OF MINNESOTA COUNTY OF RAMSEY Agenda Item K1 Attachment 5 CITY OF MAPLEWOOD SECOND JUDICIAL DISTRICT In Re: Proposed Levy of Special NOTICE OF OBJECTION TO Assessments Against I I Century Avenue South PROPOSED ASSESSMENT St, Paul, MN 55119 -4706 TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD AND THE MAPLEWOOD CITY CLERK Notice is hereby given that the undersigned, as fee owners of the real property located at I I Century Avenue South, St. Paul, MN 55119 -4706, Parcel Identification No.0 1 -28224-100-14, object to the proposed special assessment of their property for alleged improvements to 11 Century Avenue South resulting from City Project # 03 -15: Century Avenue Improvements upon the following grounds: 1. The subject parcel has not derived any special benefit from the alleged improvements. To the contrary, the property has been substantially damaged and diminished in market value as a result of the so-called improvements. 2. The City has failed to obtain any before and after market value appraisal to sustain any assessment against the subject property. Packet Page Number An Equal Opportunity Employer 68 of 260 Agenda Item K1 Attachment 5 3. The proposed criteria and method used to determine the assessments upon the subject property are not proper for the imposition of a special assessment, are not in accord with the constitutional, statutory or municipal assessment policy requirements, and are, therefore, arbitrary and capricious, and thus, deprive the undersigned of property without due process of law, contrary to the requirements of the United States Constitution. 4. The proposed assessment includes costs and contingency factors not authorized under Chapter 429 and is therefore, void. 5. The proposed assessment is contrary to and violates Minnesota Statutes, Chapter 429. 6. The proposed assessment is arbitrary, capricious, confiscatory and unreasonable. 7. The proposed assessment does not result in any benefit, special or otherwise, to the subject property. 8. The subject property is not specifically benefited by the improvements. 9. The subject property has not and will not increase in market value as a result of the improvements. 10. The levying of said assessment constitutes an unconstitutional taking of the undersigned's property. 11. The public hearing in said assessment was not proper notice in conformity with Minnesota Statutes 429.061 and 429.081. 12, The subject parcel has been unfairly and unequally assessed in comparison to other similarly situated properties in violation of state and federal law. -2- Packet Page Number 69 of 260 Agenda Item K1 Attachment 5 13. The City has failed to assess every assessable lot, piece or parcel of land as required Minnesota Statues § 429.061. Dated: April s , 2009. Speedway SuperAmerica LLC By: Name: _�� Gv Its: l�e� "ancz �i rc� -3- Packet Page Number 70 of 260 Agenda Item K2 MEMORANDUM TO: James Antonen, City Manager FROM: DuWayne Konewko, Director Community Development and Parks SUBJECT: Council Consider Approval of the Fish Creek Greenway Corridor Commission (ad -hoc) DATE: May 4, 2009 I0 :IQ 111L911IQ011 At the April 27, 2009 City Council meeting, staff was directed to provide information on creating an ad- hoc commission to explore land protection options for Fish Creek Natural Area Greenway (Attachment 1). DISCUSSION Fish Creek Natural Area Greenway is vulnerable to development due to the amount of undeveloped land in private ownership. Maplewood has requested funding for acquisition of land in the greenway from the legislature and from the Legislative Commission on Minnesota Resources grant program. The city will be submitting another grant to the Department of Natural Resources (DNR) Metro Greenways program. Staff is requesting that City Council establish an ad -hoc commission to further explore funding and options for protecting land in the Fish Creek Natural Area Greenway. Recommendations for the commission are listed below. Purpose of Commission 1. Develop recommendations and priorities for protecting natural lands in the Fish Creek Natural Area Greenway, including: a. Acquisition of private land; b. Conservation easements on private lands; c. Conservation design options for properties that want to develop; d. Funding options. Identify issues and opportunities for passive recreation in Fish Creek Natural Area Greenway and develop recommendations for passive recreation that does not degrade the natural resources in the greenway. Participants Staff recommends a maximum of 5 -7 commission members, with experts being invited to meetings as needed. 1 Park commissioner 1 Environment and Natural Resources commissioner 1 County staff 1 City staff 1 Representative from Friends of Maplewood Nature 1 -2 Landowners from south Maplewood Possibly one council member Packet Page Number 71 of 260 Consulting experts (ex- officio): 1. Dr. Kim Chapman, Applied Ecological Services 2. Trust for Public Land 3. Minnesota Land Trust 4. National Park Service 5. DNR Metro Greenways 5. Others as needed Participant Roles 1. A chairperson will be appointed to run the meetings (not city staff). 2. A city staff person will provide administrative support for the group. The city staff person will also be an active participant in meetings. Time Frame for Work Complete recommendations by December 30, 2009. Meetings 1. The commission shall meet at least once per month. 2. Meetings shall begin in June 2009. 3. All meetings shall be open to the public. 4. Meetings shall be posted in advance. 5. Meetings shall take place at Maplewood Nature Center. 6. Action minutes shall be taken. 7. Meetings shall be audiotaped. N xK1LVihVi14 0 1 ULI I IQ 0 Staff recommends that the City Council appoints an ad -hoc commission to make recommendations on land protection for the Fish Creek Natural Area Greenway. Attachments: 1. Map of Natural Area Greenways in south Maplewood Packet Page Number 72 of 260 Attachment 1 s. "' Maplewood Natural Area Greenways Oakdale Landfall z Packet Page Number 73 of 260 Agenda Item K3 ILril =I LVAI ] ZIM 0 Bill TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT. Conditional Use Permit Review PROJECT: Beaver Lake Town Houses LOCATION: Maryland Avenue and Lakewood Drive DATE: May 4, 2009 INTRODUCTION The conditional use permit (CUP) for the planned unit development (PUD) for the Beaver Lake Town Houses is due for review and was before the city council at its April 27, 2009 meeting. The city council tabled this item so that staff could provide more information. Beaver Lake Town Houses is a residential development under construction on the south side of Maryland Avenue, east of Lakewood Drive. BACKGROUND On May 28, 2002, the city council made several approvals for the Beaver Lake Town Houses. These included: A conditional use permit (CUP) for a planned unit development (PUD) for a 148 -unit housing development. The applicant requested the CUP because Section 44 -1250 of the city code (shoreland district regulations) requires a PUD for developments with buildings having more than four units when the site is in the shoreland district of a lake. In this case, the site is in the shoreland district of Beaver Lake and will have a mix of housing with 40 single - family detached townhomes and 108 rental units in 11 8 -unit and 5 4 -unit buildings. In addition, having a PUD gives the city and developer a chance to be more flexible with site design and development details (such as setbacks and street right -of -way and pavement widths) than the standard city requirements would normally allow. (See the approved site plan attached) 2. Street right -of -way and easement vacations. These were for the unused street right -of -ways and easements on the site. 3. A preliminary plat to create the lots in the development. 4. Authorization for city staff to spend city open space funds and to use a $150,000 DNR grant to buy about 8.9 acres of the project site for park and open space purposes. (See the city council minutes attached) On July 9, 2002, the community design review board (CDRB) approved the proposed design plans (architectural, landscaping, etc.) for the development. Mr. Emmerich appealed to the city council a part of the CDRB's approval about brick on the exteriors of the four and eight -unit buildings. (See the CDRB minutes attached) On August 12, 2002, the city council approved Mr. Emmerich's appeal of the CDRB's condition about adding more brick to the four and eight -unit buildings within the site. (That is, the city will not be requiring Mr. Emmerich to add more brick to the buildings as the CDRB required.) On August 26, 2002, the city council awarded the contract for the construction of the Beaver Lake Packet Page Number 74 of 260 sanitary sewer improvement project to Barbarosoa and Sons, Inc. They completed this sewer project in December 2002. On November 13, 2002, the city council approved the first final plat for the Beaver Lake Town Houses. This plat created six lots for detached town houses along Maryland Avenue, several outlots for future phases of the development and the park area along the creek in the center of the site. On March 31, 2003, the city council approved the second final plat for the Beaver Lake Town homes. This plat created 16 lots for detached town houses in the area west of Sterling Street and south of the creek corridor. On June 9, 2003, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On September 8, 2003, the city council approved the Beaver Lake Townhomes Third Addition final plat. This plat created 18 lots for detached town houses in the area west of the creek and east of Lakewood Drive. On June 28, 2004, the city council reviewed the conditional use permit (CUP) for the planned unit development (PUD) for this development and agreed to review it again in one year. On June 13, 2005, June 26, 2006, June 11, 2007 and January 14, 2008 the city council reviewed the conditional use permit for this property. On March 24, 2008, the city council approved the final plat for the Beaver Lake Fourth and Fifth Additions. These final plats created new lots for the construction of new units from former outlots. On June 23, 2008, staff presented to the city council the landscape and tree plans for Beaver Lake Townhomes. On April 27, 2009, the city council tabled the CUP review until its next meeting so that staff could provide more information. DISCUSSION At the last city council meeting there were additional concerns voiced in relation to this development. Staff has looked into those issues and has provided updates below. Concerns with private street width Staff visited the site to measure the street width at several points throughout the development. Public Works staff confirmed that the street is 27'4" wide. According to the City Engineer, State Aid Standards allows for parking on one side of the road for streets as narrow as 26'. Staff feels the intent of this condition of approval is being met and requests the city council authorize staff to administratively amend the CUP to permit the 27'4" street width which would allow parking on one side of the street. Street Sweeping and Erosion Control Staff will continue to regularly check on erosion control for the site and street sweeping needs. The Packet Page Number 75 of 260 city will ensure the street is swept as any other public street. Staff will notify the developer if there is sediment tracking issues or other erosion control measures needed. Rubbish within wetland Staff picked up several smaller pieces of trash near the periphery of the creek area. Staff did locate a larger item in the creek and a parks maintenance crew was able to remove it from the area. Escrow The City of Maplewood holds a $150,000 irrevocable letter of credit from Azure Properties through Alliance Bank of Saint Paul. No construction equipment signage Staff will be working with the developer to ensure that "No Construction Equipment Beyond This Point" signage is posted on the far side of the driveways that are currently being utilized for construction traffic. These signs will be posted to ensure that no construction equipment traffic occurs on the internal private drives within the development. Handicap access Handicap access ramps will be built when the traffic signal is installed at the intersection of Maryland Avenue and Lakewood Drive. Summary The second stage of this development, the apartments, is well underway. It will likely take several years still to fully complete the development. The developer is meeting the conditions of approval. Staff will continue to monitor this project to assure compliance. The council conditions allow staff to approve minor changes to the design plans. This is the case with the width of the internal roadways being 27'4" wide rather than 28' wide. Staff feels that allowing the streets to be 8 inches narrower than the CUP specified is minor and still meets the intent of that condition. The alternative is denial for on- street parking on both sides of the streets. This would be a hardship for the residents and their guest parking. Packet Page Number 76 of 260 I N x9IS]LVihVi14 0 1 ULTV I IQ 0 V 1. Authorize staff to administratively amend the CUP conditions of approval, permitting a 27'4" street width instead of a 28' wide street in order to allow parking on one side of the street. Review the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. p:sec25 /Beaver Lake TH CUP Review Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. May 28, 2002 City Council Minutes 5. July 9, 2002 CDRB minutes 6. Building Elevations and Details Packet Page Number 77 of 260 Packet Page Number 78 of 260 --- ------------------ -- Zoning Map Beaver Lake Townhomes Packet Page Number 79 of 260 Attachment 3 ti - n -j! PAST ROS A VENUE SITE PLAN -3 -/Z -Oz� BEAVER LAKE TOWNHOMES Packet Page Number 80 of 260 Attachment 4 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02 -11 A. A. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and was called to order at 7:07 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kenneth V. Collins, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2. 9:33 Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue) A. Conditional Use Permit for a Planned Unit Development (PUD) B. Street Right -Of -Way and Easement Vacations C. Preliminary Plat a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. C. Commissioner Rossbach presented the Planning Commission report. Councilmember Collins moved to extend the meeting until all agenda items are addressed Seconded by Councilmember Juenemann Ayes -All d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Laurence Olson, LSJ Engineering, Representing the Developer of Beaver Lake Townhomes Mark Dotting, 1115 Sterling Street North, Maplewood Kay Peterson, 1085 Mary Street, Maplewood Margaret Lutfey, 1076 Mary Street, Maplewood Bob Zick, 1880 E. Shore Drive, Maplewood City Council Meeting 05 -28 -02 Packet Page Number 81 of 260 Kevin Berglund, 1929 Kingston Avenue, Maplewood Joan Dorling, 1115 Sterling Street North, Maplewood Will Rossbach, 1386 E. County Road C, Maplewood Kay Peterson, Second Appearance Marls Dorling, Second Appearance Bob Zick, Second Appearance Kevin Berglund, Second Appearance e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive: RESOLUTION 02 -05 -098 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for a conditional use permit (CUP) for the Beaver Lake Townhomes residential planned unit development (PUD). WHEREAS, this permit applies to undeveloped property for the Beaver Lake Townhomes PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25, Township 29, Range 22, Ramsey County, Minnesota. (PINS 25- 29 -22 -21 -0010 and 25- 29- 22 -21- 0011.) WHEREAS, the history of this conditional use permit is as follows: On April 15, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. The council tabled action on the development request until May 14, 2001. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. City Council Meeting 05 -28 -02 Packet Page Number 82 of 260 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would 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: 1. All construction shall follow the plans date - stamped March 12, 2002 except for the following changes: a. Revising the grading and site plans to show: (1) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: (a) As allowed by the watershed district. (b) For the utilities, trails and footbridge. (2) The required trails and sidewalks. (3) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (4) The developer minimizing the loss or removal of natural vegetation including keeping and protecting the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor near the rear of proposed buildings 26 -34. City Council Meeting 05 -28 -02 Packet Page Number 83 of 260 (5) All driveways at least 20 feet wide. If the developer wants to have parking on one side of a driveway, then that driveway must be at least 28 feet wide. (6) All parking stalls with a width of at least nine feet and a length of at least 18 feet. c. The developer deeding the area labeled "Park Dedication" on the plans to the City of Maplewood. This dedication is to help protect the most sensitive natural features on the site and would protect this part of the site from building, fences, mowing, cutting, filling, grading, dumping or other ground disturbances. This dedication also would help ensure the natural linear or corridor aspect of the site (primarily around the stream) main as it is now. The Parkes and Recreation Director shall approve the land or the area(s) for dedication to the city. The city shall use the Greenways grant from the DNR, while matching the state dollar with city open space money, (as is required) to buy the protected area along the stream and wetlands labeled as Park Dedication on the plan dated March 12, 2002. The city council may approve major changes to the plans. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3.* Have the city engineer approve final construction and engineering plans. These plans shall: a. Include grading, utility, drainage, erosion control, streets, trails, sidewalks, tree, driveway and parking lot plans. b. Show no grading or ground disturbance (except where utilities or trails are installed) in the: (1) Required wetland and stream buffer areas. (2) Park Dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City - required trails are allowed in the buffer and park dedication areas. c. Include a storm water management plan for the proposal. d. Include a coordinated plan with the public works department for the design and City Council Meeting 05 -28 -02 Packet Page Number 84 of 260 installation of the sanitary sewer lines or for the repair or realignment of the existing sanitary sewer line that runs through the site. 4. The design of the ponds shall meet Maplewood's design standards and shall be subject to the approval of the city engineer. If needed, the developer shall be responsible for getting any off -site pond and drainage easements. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Install permanent signs around the edge of the wetland buffer easements. These signs shall marls the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling or dumping. d. Install survey monuments along the wetland boundaries. e. Remove any debris, junk or fill from the wetlands, stream corridor, park dedication area and site. f Install a six - foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The developer's engineer shall show this sidewalk on the grading and construction plans. The city engineer shall approve the details of these plans. g. Construct an eight- foot -wide paved public walkway and two -rail split -rail fencing in the following locations: (1) From Private Driveway A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. (2) From Private Driveway D in the east side of the site, between Lots 21 and 22 to near the stream in the center of the site. The trail must have a surface that is not impervious when the trail is in a wetland or stream buffer area. The developer's engineer shall design the trails to follow the existing property contours and proposed utility corridors to save as many trees as possible and to minimize the amount of grading necessary to install the trails. b. Restore all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. City Council Meeting 05 -28 -02 Packet Page Number 85 of 260 6.* The developer shall give the city wetland easements over the wetlands and the stream. The easements shall cover the wetlands and any land within 50 feet surrounding a wetland. The easements also shall cover the stream and any land within 50 feet of the top of the stream bank These easements shall prohibit any building, mowing, cutting, filling or dumping within fifty feet of the wetland and the stream or within the wetland itself. The purpose of this easement is to protect the water quality of the wetlands and the stream from fertilizer and to protect the wetland and stream habitat from encroachment. 2. The approved setbacks for the principal structures in the Beaver Lake Townhome PUD shall be: a. Front -yard setback (from a private driveway): minimum - 20 feet, maximum - 35 feet Front -yard setback (public side street): minimum - 25 feet, maximum - 40 feet c. Rear -yard setback none d. Side -yard setback (town houses): minimum - 5 feet to a property line and 10 feet minimum between buildings e. Side yard setbacks (apartments): 20 feet minimum between buildings 8. This approval does not include the design approval for the townhomes or for the apartments. The project design plans, including architectural, site, lighting, tree and landscaping plans, shall be subject to review and approval of the community design review board (CDRB). The projects shall be subject to the following conditions: a. Meeting all conditions and changes as required by the city council. b. The buildings in the shoreland district shall have a maximum height of 25 feet (unless the city council approves taller structures). c. The developer shall design the structures to reduce their visibility from the lake. This shall include using vegetation, topography, increased setbacks, color or other means to accomplish the screening. The city may require additional vegetation to help screen these facilities. d. For the driveways: (1) Minimum width - 20 feet. (2) Maximum width - 28 feet. City Council Meeting 05 -28 -02 Packet Page Number 86 of 260 (3) All driveways less than 28 feet in width shall be posted for "No Parking" on both sides. Driveways at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. e. Showing all changes required by the city as part of the conditional use permit for the planned unit development (PUD). 9. The city shall not issue any building permits for construction on an outlot (per city code requirements). The developer must record a final plat to create buildable lots for any outlot in the preliminary plat before the city will issue a building permit. 10. The developer paying the city $94,000 in Park Availability Charges (PAC fees) for this development. 11. The city council shall review this permit in one year. Seconded by Councilmember Wasiluk Ayes -All Councilmember Koppen moved to adopt the following resolution approving a street right - of -way and easement vacations for the Beaver Lake Townhomes (Lakewood Drive and Maryland Avenue): RESOLUTION 02 -05 -099 STREET RIGHT -OF -WAY VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following described street right -of -ways: That part of the Sterling Street right -of -way as a roadway easement according to the document filed with Ramsey County lying within the West 25 feet of the East 58 feet of Lot 5, Block 2, Beaver Lake Addition. 2. That part of Magnolia Avenue (formerly known as Cherry Avenue) as platted in Beaver Lake Addition lying between the east right -of -way line of Lakewood Drive (the west line of Lot 8, Block 2, Beaver Lake Addition extended south) and the east property line of Lot 7, Block 2, Beaver Lake Addition extended south. All in Section 25, Township 29, Range 22 in Ramsey County. WHEREAS, the history of these vacations is as follows: On April 15, 2002, the planning commission recommended that the city council approve these street vacations. City Council Meeting 05 -28 -02 Packet Page Number 87 of 260 2. On May 28, 2002, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the abutting property owners. The Council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves this vacation, public interest in the property will go to the following abutting properties: 1. Lot 5, Block 2, Beaver Lake Addition (PIN 25- 29 -22 -21 -0010) 2. Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25- 29 -22 -21 -0011) 3. The North 161.83 feet of the West 1/4 of the SE 1/4 of the NW 1/4 (subject to roads) of Section 25, Township 29, Range 22 (1070 Lakewood Drive North) (PIN 25- 29 -22 -24 -0072) 4. Except the North 290.66 feet of the West 1/2 North 677.06 feet of the West 1/2 of the SE 1/4 of the NW 1/4 (Subject to roads and easement) in SEC 25, TN 29, RN 22 (PIN 25- 29- 22 -24- 0073) All in Section 25, Township 29, Range 22, Maplewood, Ramsey County, Minnesota. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described vacation since it is in the public interest based on the following reasons: 2. The adjacent properties have adequate street access. 3. These right -of -ways are not needed for the public purpose of street construction. 4. The developer will be building private streets and driveways in the project. RESOLUTION 02 -05 -100 EASEMENT VACATION RESOLUTION WHEREAS, Mr. Tony Emmerich, representing the AJE Companies, applied for the vacation of the following- described easements: That part of the following sanitary sewer easement according to document number 1504484 lying within Lots 7 and 8, Block 2, Beaver Lake Addition, described as follows: Beginning on the West line of the Northeast quarter of the Northwest quarter of Section 25, Township 29, Range 22, a distance of 603 feet South of the Northwest corner of said Northeast quarter of Northwest quarter; thence East 153 feet; thence South 185 feet; thence South 85 degrees, 03 minutes East 172.9 feet; thence South 1 degree 38 minutes 30 seconds West a distance of 80 feet; thence South 88 degrees 21 minutes, 30 seconds East a distance of 170.25 feet more or less to a point on the West line of the 50 foot sewer easement hereinafter City Council Meeting 05 -28 -02 Packet Page Number 88 of 260 described, all of the foregoing being over Lot 8, Block 1 and Lots 7 and 8, Block 2, Beaver Lake Addition. All lying south of Maryland Avenue and between Lakewood Drive and Sterling Street in Section 25, Township 29, Range 22, Maplewood, Minnesota. WHEREAS, the history of this vacation is as follows: 1. On April 15, 2002, the planning commission recommended that the city council approve these vacations. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. The council tabled action on the development request until May 14, 2001. WHEREAS, after the city approves these vacations, public interest in the property will go to the following abutting property: Lot 8, Block 1, Beaver Lake Addition and Lots 7 and 8, Block 2, Beaver Lake Addition (PIN 25- 29 -22 -21 -0011) All in Section 25, Township 29, Range 22, Ramsey County, Minnesota NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacations for the following reasons: It is in the public interest. 2. The city and the adjacent property owners have no plans to build a street or utilities in these locations. The adjacent properties have access to public streets and utilities. Seconded by Councilmember Collins Ayes -All Councilmember Koppen moved to adopt the preliminary plat for Beaver Lake Townhome development on the south side of Maryland Avenue between Sterling Street and Lakewood Drive. The developer shall complete the following before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will: City Council Meeting 05 -28 -02 Packet Page Number 89 of 260 a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Have Xcel Energy install Group V rate street lights in at least 15 locations - primarily at street and driveway intersections and street or driveway curves. The exact style and location shall be subject to the city engineer's approval. d. Pay the city for the cost of traffic-con trot, street identification and no parking signs. e. Provide all required and necessary easements. f. Cap, seal and abandon any wells that may be on the site, subject to Minnesota rules and guidelines. g. Complete and replace as necessary all curb and gutter on Sterling Street and on Maryland Avenue. This is to replace the existing driveways and driveway aprons on these streets. This shall include the repair of the pavement and the restoration and sodding of the boulevards. h. For the trails and sidewalks, complete the following: (1) Construct an eight- foot -wide paved public walkway and two -rail split -rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. All trails between lots shall be in a publicly -owned pedestrian way or outlot. (2) The developer also shall build a six - foot -wide sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. (3) The developer shall install a two -rail split -rail fence on both sides of each trail and posts at the end of the trails to prevent motorized vehicles from using the trail. (4) The developer shall build the trails, sidewalks and fencing with the driveways and streets before the city approves a final plat. (5) The city engineer must approve these plans. W] City Council Meeting 05 -28 -02 Packet Page Number 90 of 260 i. Install permanent signs around the edge of the wetland and stream buffer easements. These signs shall marls the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. j. Install survey monuments along the wetland boundaries. k. Install survey monuments and signs along the edges of the area labeled "Park Dedication." These signs shall explain that the area beyond the signs is a public park area and that there shall be no building, fences, mowing, cutting, filling, dumping or other ground disturbance in that area. The developer or contractor shall install these signs before the city issues building permits in this plat. b. Install signs where the driveways for the apartments and for the town houses intersect the public streets indicating that they are private driveways. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, trail, sidewalk, driveway and street plans. The plans shall meet the following conditions: a. The erosion control plans shall be consistent with the city code. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (3) Contour information for all the land that the construction will disturb. (4) Building pads that reduce the grading on site where the developer can save large trees. (5) The street, driveway and trail grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. 11 City Council Meeting 05 -28 -02 Packet Page Number 91 of 260 (6) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit from the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (2) Sedimentation basins or ponds as required by the watershed board or by the city engineer. (3) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (4) Additional information for the property south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (5) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1, 3 and 4). The overflow swales shall be protected with permanent soil - stabilization blankets. (11) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. C.* The tree plan shall: (1) Be approved, along with the landscaping, by the Community Design Review Board (CDRB) before site grading or final plat approval. (2) Show where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. WA City Council Meeting 05 -28 -02 Packet Page Number 92 of 260 (3) Show the size, species and location of the replacement and screening trees. The deciduous trees shall be at least two and one half (2 ) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples or other native species. The coniferous trees shall be at least eight (8) feet tall and shall be a mix of Black Hills Spruce, Austrian pine and other species. (4) Show no tree removal in the buffer zones, park dedication areas or beyond the approved grading and tree limits. (5) Include for city staff a detailed tree planting plan and material list. (6) Group the new trees together. These planting areas shall be: (a) near the ponding areas (b) on the slopes (c)along the trails (d) along the east side of Lakewood Drive to screen the proposed buildings from Beaver Lake (e) along the south side of the site (west of Sterling Street) to screen the development from the existing house to the south The developer may use the tree groupings to separate the different types of residences. (7) Show the planting of at least 270 trees after the site grading is done. d. The street, trail, sidewalk and utility plans shall show: (1) An eight- foot -wide paved public walkway and two -rail split -rail fencing in the following locations: a. From Private Drive A in the west side of the site between Lots 8 and 9 to near the stream in the center of the site. b. From Private Drive D in the east side of the site, between Lots 21 and 22 to near the stream. The parks and recreation director shall approve their locations and design. (2) The public streets and driveways shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of all intersections at two percent. (3) All the streets, parking areas and driveways with continuous concrete curb and gutter except where the city engineer decides that it is not needed for drainage purposes. WKI City Council Meeting 05 -28 -02 Packet Page Number 93 of 260 (4) The removal of the unused driveways and driveway aprons and the completion of the curb and gutter on Sterling Street and on Maryland Avenue and the restoration and sodding of the boulevards. (5) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (6) All utility excavations located within the proposed right -of -ways or within easements. The developer shall acquire easements for all utilities that would be outside the project area. (7) The plan and profiles of the proposed utilities. (8) Details of the ponds and the pond outlets. The outlets shall be protected to prevent erosion. (9) A coordinated sewer realignment and reconstruction plan. The city engineer must approve the sanitary sewer realignment plans. (10) A six - foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. e. The drainage plan shall ensure that there is no increase in the rate of storm water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Have the city engineer verify the drainage design calculations. 3. Pay the costs related to the engineering department's review of the construction plans. 4. Change the plat as follows: a. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. b. Show the wetland boundaries on the final plat as approved by the watershed district. c. Show the park dedication boundary and area on the final plat. d. Make as many of the property lines as is reasonably possible radial to the cut -de -sacs or perpendicular to the driveways and street right -of -ways. e. Show street names for the driveways as follows: (1) Private Driveway A in the west one -half of the site shall be called "Beaver Creek Parkway." (2) Private Driveway B in the west one -half of the site shall be called "Beaver Creek Lane." (3) Private Driveway D in the east one -half of the site shall be called "Sterling Circle." City Council Meeting 05 -28 -02 14 Packet Page Number 94 of 260 (4) Private Driveway E in the east one -half of the site shall be called "Sterling Lane." f Show the existing pipelines and pipeline easements on the final plat. g. If necessary, increase the lot widths for the lots next to the pipeline to ensure that the building pads will be at least 100 feet away from the pipeline. (code requirement) h. Label the common areas as outlots. B. Show the trails in publicly owned property or easements. j. Show the area between buildings 8 and 9 and buildings 21 and 22 as separate outlots and dedicate each of these to the city. 5. Secure and provide all required easements for the development. These shall include: C. Any off -site drainage and utility easements. D. Wetland and stream easements over the wetlands and any land within 50 feet surrounding a wetland and a stream. The easement shall prohibit any building or structures within 50 feet of the wetland or stream or any mowing, cutting, filling, grading or dumping within 50 feet of the stream, wetland or within the wetland itself. c. A stream buffer easement that is at least 50 feet wide on each side of the stream that crosses the site. The easement shall prohibit any building, structures or any mowing, filling, cutting, grading or dumping within 50 feet of the ordinary high water marls (OHWM) of the stream. The purpose of these easements is to protect the water quality of the stream and wetlands from fertilizer and runoff. They also are to protect the stream and wetland habitat from encroachment. d. Any easements the city needs for the realignment of the sanitary sewer through the site. 6. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Lakewood Drive, Maryland Avenue and Sterling Street (street, curb and gutter and boulevard) after the developer connects to the public utilities and builds the driveways. d. Work with the city as necessary for the realignment of the sanitary sewer through the site. This sewer project also will require an assessment agreement between the developer and the city to compensate the city for the benefit that the developer receives from the city sewer construction. 7. Record the following with the final plat: City Council Meeting 05 -28 -02 15 Packet Page Number 95 of 260 a. All homeowners' association documents. b. A covenant or deed restriction that prohibits any additional driveways (besides the one new driveway shown on the project plans) from going onto Lakewood Drive and onto Maryland Avenue. c. A deed restriction prohibiting the construction of a dwelling or its attachments within 100 feet of the Williams Brothers pipeline. This affects Lots 1 through 3, Lots 19 through 24 and buildings 41 and 42 of the proposed preliminary plan the city received on March 12, 2002. The developer also shall notify the purchasers of the pipeline location. d. A deed dedicating a stream buffer easement (50 feet from the top of each stream bank) for the stream that crosses the site. e. Deeds for the stream and wetland buffer easements surrounding the stream and the wetlands. f. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. E. A deed that transfers the ownership of the park dedication area to Maplewood. F. Deeds that transfer the ownership of the outlots between buildings 8 and 9 and buildings 21 and 22 to the city. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. 8. Submit the homeowners' association bylaws and rules to the Director of Community Development. These are to assure that there will be one responsible party for the maintenance of the private utilities, driveways and structures. 9. Show the wetland boundaries on the plat as approved by the Watershed District. A trained and qualified person must delineate the wetlands. This person shall prepare a wetland delineation report. The developer shall submit this wetland information to the Watershed District office. The Watershed District must approve this information before the city approves a final plat. If needed, the developer shall change the plat to meet wetland regulations. 10. The developer shall complete all grading for public improvements and overall site drainage. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 11. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 16 City Council Meeting 05 -28 -02 Packet Page Number 96 of 260 Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays- Councilmember Juenemann Councilmember Koppen moved to adopt the following resolution approving the on street panting standards for the Beaver Lake Townhome development: RESOLUTION 02 -05 -101 NO PARKING RESOLUTION WHEREAS, Maplewood has approved a residential PUD and preliminary plat known as Beaver Lake Townhomes. WHEREAS, the developer wants to have reduced street right -of -way widths, reduced street pavement widths and reduced private driveway widths in this development. WHEREAS, the city has approved reduced street right -of -way widths, reduced street pavement widths and reduced driveway widths in the development, subject to on -street parking restrictions. WHEREAS, Section 29 -52(b) of the city code allows variations from the city code standards if they do not affect the general purpose of the city code. NOW, THEREFORE, IT IS HEREBY RESOLVED that Maplewood prohibits the parking of motor vehicles on both sides of all public streets and driveways less than 28 feet wide and prohibits panting on one side of the public streets and driveways that are 28 feet to 32 feet wide in the Beaver Lake Townhome PUD south of Maryland Avenue between Sterling Street and Lakewood Drive in Section 25- 29 -22. Seconded by Councilmember Collins Ayes -Mayor Cardinal, Councilmembers Collins, Wasilulc, Koppen Nays- Councilmember Juenemann Councilmember Koppen moved to authorize city staff to spend up to $400,000 of the open space funds for the 8.9 acres which would include the $150,00 matching grant form the DNR Greenways Program. Staff was also directed to make the developer aware that the city would like to see his participation in the open space program. Seconded by Councilmember Collins City Council Meeting 05 -28 -02 Ayes -All 17 Packet Page Number 97 of 260 Attachment 5 18[ MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JULY 9, 2002 Chairperson Ledvina called the meeting to order at 6:00 p.m. ROLL CALL Matt Ledvina Craig Jorgenson Diana Longrie -Kline Linda Olson Ananth Shankar Staff Present: DESIGN REVIEW Present Present Present Present Absent Shann Finwall, Associate Planner Lisa Kroll, Recording Secretary b. Beaver Lake Townhomes - South of Maryland Avenue, between Sterling Street and Lakewood Drive Ms. Finwall outlined the details of the Beaver Lake Townhomes. The development will include 40 single - family detached townhomes and 108 rental units in eleven 8 -unit and five four -unit buildings. Staff recommends approval of the design review of Beaver Lake Townhomes with conditions as outlined in the staff report. Larry Olson of LSJ Engineering addressed the board. He presented to the board drawings of the renditions of the townhomes that homeowners could choose from. Doug Moe, architect for the Beaver Lake Apartments addressed the board. He stated the smallest building will be 4 units and will have one and two bedrooms. The larger units will have two and three bedrooms. Mr. Moe showed board members the drawings and color schemes of the apartment buildings. Chairperson Ledvina asked the applicant why the brick wainscoting was not continued along the front elevation of the apartments. Ms. Finwall said originally the applicant did not have any brick. Staff recommended adding brick to tie the buildings in with the townhomes. The developer submitted revised plans showing brick wainscoting along a portion of the front elevations and on the garage elevations. Board member Olson asked staff if there was going to be a revised light plan revision submitted? Ms. Finwall said correct. Packet Page Number 98 of 260 Community Design Review Board 2 Minutes 7 -9 -2002 Chairperson Ledvina said he prefers the design of sample "B" compared to the design of sample "A" regarding the floor plans for the townhomes. He thinks there should be a two -foot return on the side elevations of the townhomes. He feels it gives a much nicer appearance in his opinion. He likes the design of the multi tenant buildings. He would like to incorporate the brick design on the entire elevation and have it be continuous around the whole building. Board member Olson said she prefers the brick to stop at the corner and not be a two - foot wrap around on the townhomes. She has a concern about the side elevation with only one window. Perhaps landscaping could be added to that side to dress up the expansion. Board member Jorgenson said he likes the brick idea on both projects. It adds a lot to the structure and saves maintenance on the exterior of the building. He likes the various alternatives the applicant would be offering to the potential homeowner. It will be a nice mix he said. Board member Olson said she thinks it should be up to the potential homeowner if they want brick wrapped around the building or not. Board member Longrie -Kline agreed that she liked the design of the buildings and the alternatives in the townhome designs for the potential homeowners. She doesn't have a preference for the brick on the buildings. In her opinion she thinks it looks fine either way. Having more brick on the structures would make for a more consistent community with the townhomes and apartment buildings. Mr. Moe said adding more brick adds to the cost of the project. Mr. Moe said the one - bedroom units are about 800 square feet, the two bedroom units are about 1,100 square feet, and the three bedroom units are about 1,300 square feet in size. Chairperson Ledvina said he can appreciate the concern about the additional price of adding brick. Brick would actually save on the siding of the apartment buildings in the long haul and aesthetically it would be more pleasing. It is a very small percentage of cost to be added. Board member Olson said that the apartment with two or more bedrooms will attract people with children and this could save on the exterior of the building having brick on it as opposed to just vinyl siding. She would agree with chairperson Ledvina in his statements. Board member Jorgenson moved to approve the project design plans (architectural, landscaping and lighting plans) for the Beaver Lake Townhouses (dated June 19, 2002). The city bases this approval on the findings required by the code. The developer or contractor shall do the following: (changes are in bold) 1. Repeat this review in two years if the city has not issued a building permit for this project. Packet Page Number 99 of 260 Community Design Review Board 3 Minutes 7 -9 -2002 2. Complete the following before the city issues a building permit: a. Have the city engineer approve final construction and engineering plans. These plans shall include the grading, utility, drainage, erosion control, tree, trail, sidewalk and driveway and parking lot plans. The plans shall meet the following conditions and requirements of the assistant city engineer and the following: (1) The erosion control plans shall be consistent with the city code. (2) The grading plan shall show: (a) The proposed building pad elevation and contour information for each building site. The lot lines on this plan shall follow the approved preliminary plat. (b) Contour information for all the land that the construction will disturb. (c) Building pads that reduce the grading on site where the developer can save large trees. (d) The street, driveway and trail grades as allowed by the city engineer. (e) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (f) All retaining walls on the plans. Any retaining walls taller than four feet require a building permit form the city. The developer shall install a protective rail or fence on top of any retaining wall that is taller than four feet. (g) Sedimentation basins or ponds as required by the watershed board or by the city engineer. Packet Page Number 100 of 260 Community Design Review Board 4 Minutes 7 -9 -2002 (h) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (i) No grading or ground disturbance (except where utilities or trails are installed) in the: 1. Required wetland and stream buffer areas. 2. Park dedication area. This land will be for city park and open space purposes. The developer and contractors shall protect the park dedication area, including the grove of coniferous trees (pines) (an area of natural significance) that is in and near the south side of the stream corridor, from encroachment from equipment, grading or filling. City- required trails are allowed in the buffer and park dedication areas. (j) Additional information for the property south of the project south of the project site. This shall include elevations of the existing ditch, culverts and catch basins and enough information about the storm water flow path from the proposed ponds. (k) Emergency overflows between Lots 8 and 9, Lots 21 and 22 and south of proposed building 42 (out of proposed ponds 1,3, and 4). The contractor shall protect the overflow swales with permanent soil - stabilization blankets. (1) Restoration in the stream corridor and park dedication area being done with native seed mix or vegetation as approved by the city engineer and by the watershed district. (m) No grading or ground disturbance in the park dedication area and in the wetland and stream buffer areas except: 1. As allowed by the watershed district. 2. For the utilities, trails and footbridge. Packet Page Number 101 of 260 Community Design Review Board 5 Minutes 7 -9 -2002 (n) The required trails and sidewalks. (o) Revised storm water pond locations and designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. (3) A detailed tree planting plan and material list, which shall: (a) Show where the developer or contractor will remove, save or replace large trees. (b) Show the size, species and location of the replacement and screening trees. The new screening trees shall be grouped together and shall include the planting of additional native evergreens and shrubbery on the site to provide additional screening and privacy between the proposed townhouses and the single dwellings to the south as well as screening from the proposed apartment buildings and Beaver Lake. The screening evergreens should include Austrian Pine, Black hills Spruce, Eastern Red Cedar and Eastern Arborvitae. Plant the additional screening evergreens and shrubbery as follows: 1. Along the south property line, adjacent the detached townhouses, to at least the west edge of Sterling Lane. Evergreens planted in this area shall be at least six (6) feet high and planted in a staggered row. Overall plantings within this area shall produce an 80 percent opaque screening from the townhouses and the adjacent single family dwelling to the south. 2. Along the west property line, adjacent the apartment buildings, to the south property line. Evergreens and shrubbery in this area shall be planted in a manner that helps reduce the visibility of the apartments from Beaver Lake. (c) All new and replacement deciduous trees shall be at least two and one half (2 1 /2) inches in diameter and shall be a mix of red and white oaks, ash, lindens, sugar maples, or other native species. All replacement evergreens shall be at least eight (8) Packet Page Number 102 of 260 Community Design Review Board 6 Minutes 7 -9 -2002 feet tall and all new evergreens shall be at least (6) feet tall, excluding the new evergreens planted on west property line as noted above. (d) Show no tree removal beyond the approved grading and tree limits. (e) Show the planting of at least 270 new trees after the site grading is done. (4) All the parking areas and driveways shall have continuous concrete curb and gutter. (5) The site, street, driveway, sidewalk and utility plans shall show: (a) A six foot -wide concrete sidewalk along the south side of Maryland Avenue between Sterling Street and the west property line of the site. The public works director shall approve the location and design of the sidewalk. (b) A water service to each detached housing unit. (c) The repair of Maryland Avenue and Sterling Street (street and boulevard) after the developer connects to the public utilities and builds the private driveways. This shall include replacing all unused existing driveways and curb cuts. (d) The coordination of the water main locations, alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). Fire -flow requirements and hydrant locations shall be verified with the Maplewood Fire Department. (e) The plan and profiles of the proposed utilities. (f) All private roads at least 20 feet wide. If the developer wants to have parking on one side of a private road, then that private road must be at least 28 feet wide. (g) All private roads less than 28 feet in width shall be posted for "No Parking" on both sides. Private roads at least 28 feet wide may have parking on one side and shall be posted for no parking on one side. Packet Page Number 103 of 260 Community Design Review Board 7 Minutes 7 -9 -2002 (h) All parking stalls with a width of at least nine feet and a length of at least 18 feet. b. Submit a certificate of survey for all new construction and have each building staked by a registered land surveyor. C. Revise the landscape plan for city staff approval showing: (1) A variety of shrubs planted within the ponding areas and along the proposed trails between buildings 8 and 9 and buildings 21 and 22. These should include Alpine Current, Yew, Glossy Black Choke Berry, American Cranberry (short cultivar), Purple Leaf Sand Cherry and Dogwood. These plantings are to provide a variety of colors and textures on the site and to provide separation between uses. (2) All lawn areas shall be sodded. The city engineer shall approve the vegetation within the ponding areas and on the steep slopes. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. These slopes shall be protected with a wood fiber blanket, be seeded with a no maintenance vegetation and be stabilized before the city approves the final plat. (3) Having in- ground irrigation for all landscape areas (code requirement). (4) The restoration of all disturbed areas within the stream corridor and park dedication area with a native seed mix approved by the watershed district and by the city engineer. d. Show city staff that Ramsey County has recorded the deeds and all homeowner's association documents for this development before the city will issue a certificate of occupancy for the first town house unit. e. Submit a photometric plan for staff approval as required by the city code. f. Submit revised building elevations as follows: (1) Apartment building elevations showing the brick wainscoting extending around the entire building. Packet Page Number 104 of 260 Community Design Review Board 8 Minutes 7 -9 -2002 (2) Townhouse elevations showing that the front brick wainscoting for all proposed front elevations (A -1, A -2, A -3, B -1, B -2, and B -3) wraps around the building by two (2) feet on each side. g. Submit samples of all building materials (including siding colors) for the buildings to the city for staff approval. 3. Complete the following before occupying the buildings: a. Replace property irons that are removed because of this construction and set new property irons for the new property corners. b. Restore and sod damaged boulevards and sod all turf areas outside of the ponding areas. C. Install a reflectorized stop sign at the Lakewood Drive exit, no parking signs along the private driveways as required by code and addresses on each building for each unit. In addition, the applicant shall install stop signs and traffic directional signs within the site, as required by staff. d. Construct a six - foot -wide concrete public sidewalk between Sterling Street and the west property line of the site. The Maplewood Public Works Director shall approve the location and design of the sidewalk. e. Complete the site grading and install all required landscaping (including the foundation plantings), ponding areas and an in- ground lawn irrigation system for all landscaped areas (code requirement). f. Install continuous concrete curb and gutter along all interior driveways and around all open parking stalls. g. Install on -site lighting for security and visibility, subject to city staff approval. h. Construct two -rail split -rail fences along the trails in the following locations: (1) From Beaver Creek Parkway between Lots 8 and 9 to near the stream in the center of the site. (2) From Sterling Circle between Lots 21 and 22 to near the stream in the center of the site. Packet Page Number 105 of 260 Community Design Review Board 9 Minutes 7 -9 -2002 4. If the contractor has not completed any required work, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. C. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. Board member Olson seconded. Ayes — Jorgenson, Ledvina, Longrie - Kline, Olson The motion passed. Packet Page Number 106 of 260 Attachment 6 FRONT ,ELEVATION szncs. - e -i, a -fu; a =ti BEAR .ELEMDON B�oCfi. B -2 0 -3, H -4, B -S, 5 -5 BIGHT ELEVATION.. .::y�� _ eta ^: - (weirs Fhcnr�G SiER+�nc5 qr ) 4 N Packet Page Number 107 of 260 LEFT ELEVATION RIGHT ELEVATION, . - (�srr axvnmmH SiM.) F, 6L.9MiYp.59 YiYVL S�PMG . -Hawz, 6MN0 d ' � L16NT "TM1�' 'FdGNT ELEVATION = I�s�0. � L$FT j� /AIYYN 61M 1 . 0® FRONT ELEYATiON. _... I��AsI�•n (hFFR �$Yt�TON 9p�•�' BLD6s. B - 't, a -s, BA, a -i Z, B-t3� 8- 19,8 -15, e Packet Page Number 108 of 260 DO UGLA S a"ll" G MGE re J NGNITNTe INGGRPGRATEG, FRONT ELEVATION . _.. I�oll - I � M1EAp- Stix Vl�T ON 51.n. �. . - C.T7P1oAL AFL pal -W9.> Q N Packet Page Number 109 of 260 NMN D OUGLAS A. MOE HUMTEC TS W INCORPORATED or Q o GJ � Q#t f�3 lll tY 6 SECTION 4 N Packet Page Number 110 of 260 THIS PAGE IS INTENTIONALLY LEFT BLANK Packet Page Number 111 of 260 Agenda Item L.1 MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Silver Lake Improvement Association Request for Herbicide Treatment Funding for Silver Lake DATE: May 5, 2009 for the May 11 City Council Meeting INTRODUCTION Silver Lake is located on the far northeast section of the City of Maplewood and shares its border with two other municipalities, North St. Paul and Oakdale (Attachment 1). Silver Lake is located in the Valley Branch Watershed District. The size of the lake is approximately 72 acres with a mean depth of 7.3 feet, and a maximum depth of approximately 23 feet. A total of 35 residents and two parks have shoreline on the lake. The parks are Silver Lake Park in North St. Paul and Joy Park in Maplewood. The Silver Lake Improvement Association (hereinafter the "association ") was created to help restore Silver Lake. The association, made up of residents on or near the lake, has obtained yearly study grants from the Minnesota Department of Natural Resources (DNR) for the treatment of the lake with herbicide for the control of curlyleaf pondweed and Eurasian watermilfoil starting in 2007. The total cost for treatment of the lake in 2007 was $40,000, $60,000 in 2008, and is estimated to cost $36,332 this year. The DNR is offering another Total Lake Treatment Pilot Study Grant for 2009. The association estimates that Joy Park encompasses 33 percent of the linear shoreline of Silver Lake. As such, Dr. Mike Manthei, president of the association, has submitted a letter requesting that Maplewood contribute 33 percent of the funding ($11,990) to treat the lake this year (Attachment 2). The association is committed to a five to ten -year plan to restore the lake, and as such is requesting yearly participation from the city. BACKGROUND June 23, 2008, the city council approved funding $8,250 toward the 2008 herbicide treatment of Silver Lake (Attachment 3). The funding was authorized for one year on the condition that future funding is based on the results of additional lake studies and on the condition that the association implements stormwater best management practices. April 7, 2009, the Environmental and Natural Resources Commission reviewed the 2009 request for funding. The commission recommended approval of the funding, with one commissioner voting against the request (Attachment 4). April 15, 2009, the Parks Commission reviewed the 2009 request for funding. The commission recommended approval of the funding, with one commissioner voting against the request (minutes not available at this time). Packet Page Number 112 of 260 DISCUSSION Herbicide Treatment The cost of the 2009 herbicide treatment is estimated at $36,332. The treatment will include an early- season application of Aquathrol K for the treatment of curlyleaf pondweed only. The DNR does not recommend treating for Eurasian watermilfoil this year due to the decrease in some of the native aquatic plants and a decrease in water clarity. The rationale for this approach is that early- season control of curly -leaf pondweed may benefit water quality and is unlikely to reduce native vegetation. On the other hand, lake -wide control of Eurasian watermilfoil is unlikely to benefit water quality and may reduce native vegetation. Lake Study The DNR has hired the University of Minnesota to collect data on the aquatic plant community in Silver Lake following the 2008 herbicide treatments (Attachment 5). The draft study reflects a decrease in curlyleaf pondweed and Eurasion watermilfoil, which is encouraging. It also reflects a decrease in native aquatic plants such as coontail, Canada waterweed, and bushy pondweed and a decrease in water clarity. The DNR was hoping to see the native plants increase as nonnatives decrease, so they are concerned with this trend. They are however committed to the long term benefits of the project and have agreed to continue with the Total Lake Treatment Pilot Study this year. Brittany Hummel, Aquatic Plant Specialist with the DNR, will be present at the Environmental and Natural Resource Commission meeting to discuss the study. Stakeholder Meetings Earlier this year the Minnesota Pollution Control Agency (MPCA) hosted a stakeholder meeting to discuss issues associated with Silver Lake. Included in this discussion were representatives from the DNR, MPCA, Board of Water and Soil Resources, Silver Lake Improvement Association, Valley Branch Watershed, Maplewood, North St. Paul, Ramsey County, Senator Chuck Wiger, and Representative Leon Lillie. The representative cities and the DNR indicated that they do not have available funds to increase their share of the herbicide treatments at Silver Lake this year. Based on these discussions it was understood that the City of Maplewood could feasibly fund the same amount as last year, $8,250, as long as the conditions imposed by the city council were met, which include additional lake studies and the implementation of stormwater best management practices by the association. Best Management Practices Dr. Manthei submitted the following information on the association's attempts at implementing stormwater best management practices along the Silver Lake shoreline: • Several people have made improvements to their properties. • Paul Anderson received a grant from the Valley Branch Watershed District to complete native plantings along the shoreline of his property. • Tom Germscheid worked all summer on his lake shore and drainage improvements from his property • Dave Liukonen put large rocks in front of his lake shore to stop the soil erosion and also stop the geese from using his yard as a waste dump. • Dr. Mike Manthei worked on an elevated rain garden to catch water coming off the roof on the west side of his house and will be working on the east side of the house this year. Packet Page Number 113 of 260 Dr. Manthei also hopes to apply for a grant from Valley Branch Watershed District to do shoreline restoration this year. • Dr. Manthei and his neighbors near him do not mow all the way to the shoreline, so this helps to buffer what goes into the lake. • Dr. Manthei and other neighbors who use the lake for irrigation do not fertilize so this helps the lake shore and the plant communities in the lake. • The association is working to educate more home owners on the importance of stormwater best management practices. • Several lake shore owners went to the lakeshore and rain garden seminars hosted by the Ramsey - Washington Metro Watershed District and the City of Maplewood last year. • The association held their annual meeting on Thursday April 2. During the meeting Angie Hong, Water Resource Education Specialist with East Metro Water Resource Education Program, talked to the association about the Silver Lake shoreline and the feasibility of starting an educational process to make lakeshore owners better stewards of the lake. Timing of Herbicide Treatment On April 29, 2009, Aquatic Engineering completed the application of the Aquathrol K herbicide for the treatment of curlyleaf pondweed in Silver Lake. RECOMMENDATION Fund Silver Lake Association's request for herbicide treatment of Silver Lake at the same rate as last year, $8,250. Future funding should be conditioned on additional lake studies and additional stormwater best management practices being implemented by the homeowners. P: \PW\Works \Environmental \Silver Lake \5 -11 -09 ENR Attachment: 1. Location Map 2. Silver Lake Improvement Association Letter 3. June 23, 2009, City Council Minutes 4. April 7, 2009, Environmental and Natural Resources Commission Minutes 5. University of Minnesota Preliminary Evaluation of Lake -Wide Herbicide Treatment in Silver Lake Packet Page Number 114 of 260 115 of 260 Attachment 2 B. M. MANTHEI, pres. P. J. ANDERSON, vice -pres. P. J. SWAN, sec.. C. ETTL €LAGER, treas. The Silver Lake Improvement Association NORTH ST. PAUL * * * * * MINNESOTA 15 March 2009 City of Maplewood 1830 Co. Rd. B East Maplewood, MN 55109 Dear City Manager: I am writing to you on behalf of Silver Lake and Silver Lake Improvement Association, Inc. in Ramsey County. 1 am the President of the Silver Lake Improvement Association, Inc. We created this Association to help restore Silver Lake. Last year, we obtained permission from the MN DNR to treat the whole lake, because of the non - native exotic invasive plants that are in this lake (Curly Leaf Pond Weed and Eurasin Water Milfoil). We were awarded a Grant for $10,000 last year (2008). We have been awarded again a Total Lake Treatment Pilot Study Grant for this year (2009). We have the estimate now for total lake treatment based on the treatment from last year. The final costs will be determined by the spring plant survey conducted by the MN DNR. The cost of this treatment will need to be shared by the City, of Maplewood (your park on the north end), the City of No. St. Paul (their park on the south end), the City of Oakdale (their area of the lake adjacent to Century Ave), and lakeshore owners surrounding the lake (they will be asked to contribute $384- 1000). Last year, Ramsey County and Valley Branch Watershed District contributed as did other No. St. Paul neighbors and businesses. We will try to include other stakeholders as they are identified to us. We will be treating only Curter Leaf Pondweed this year based on the results of last year's treatment. In the year of 2005, two people from our lake board measured very carefully the lake shore perimeter. We have divided the linear feet into a percentage. Please seethe percentage listed below. This amount (in dollars related to the cost of treatment) is the minimum participation requested. Please note: the amount requested is for this year, year three (2009). We are committed to a 5 to10 year plan to restore this lake. Please use these percentages as everyone else has contributed for two years using these numbers. We respectfully request your yearly participation. Feet Percent City of Maplewood: 3100 33 City of No. St. Paul 1950 21 City of Oakdale 803 9 Lake -shore owners (35) 3423 37 Page l Packet Page Number 116 of 260 We are hopeful that the costs for treatment will not exceed $36,332 this year. This amount uses the same application rate of Aquathrol K (0.75ppm) as last year. If the MN DNR requires us to change the application rate to 1.00 ppm then the bid amount would be $41,416. We are going to estimate for the .75 ppm treatment rate, therefore Maplewood's fair share of the $36,332 will be $11,990. The check can be made out to Silver Lake Improvement, Inc. Last year, we requested your participation in this very important public project. You did not contribute your fair share. Your park borders on this lake and as good citizens it is in your best interest to participate this year to the 100% level requested. We need your full participation if we are going to arrive at the necessary funding amount needed to complete this public project. As for the other Cities, Ramsey County and Valley Branch Watershed District, I sent letters to the City Managers of Oakdale and No. St. Paul. I did not attend any of their meetings. These two cities paid their fair share. For Ramsey County, an employee Terry Noonan approved our request for funds via the internet. The Valley Branch Managers voted on our request after I attended one of their meetings. These requests were simple and required minimal energy. We request that Maplewood follow the same pattern as the other two cities regarding the sending of their funds. We have seen that Maplewood is beginning to improve their park on the North End of Silver Lake. It does not make sense to improve a park on any lake without improving the lake. A very high percentage of Maplewood residents use this lake. The boat ramp is within Joy Park which brings people into Silver Lake, People fish from your lake shore surrounding the lake on the North Side. We are hopeful that you will contribute to this project that is actually improving your park. Enclosed is the result of the treatment of aquatic plants that was done for the MN DNR last year. As you can clearly see, the treatment helped the lake by reducing the target non - native plants. Coontail and Elodea were reduced more than expected last year either due to Renovate and /or because of the delayed treatment application date. This is why the MN DNR wants to do only Curly Leaf Pond Weed this year. The lake was also turbid last year probably due to low water level (low rain fall) and increased boat traffic. We need to continue working several years longer to be able to control the exotic species (especially Curly Leaf Pond Weed). Please join the other stakeholders and help our efforts to restore Silver Lake. If you have any questions, please feel free to contact me. Please make your check payable to: SILVER LAKE IMPROVEMENT ASSOCIATION. INC by April 15",2009. If you have any questions, direct them to me: Dr. Mike Manthei President Silver Lake Improvement Association, Inc. 2894 No. Lake Blvd. No. St. Paul, MN 55109 651- 777 -6343 Home 651 - 770 -2381 Work Page 2 Packet Page Number 117 of 260 Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL Partial Minutes from Monday, June 23, 2008, 6:30 p.m. Council Chambers, City Hall Meeting No. 17 -08 B L CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:44 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach. Councilmember Present L. NEW BUSINESS Silver Lake Herbicide Treatment Funding Request. a. Environmental Planner, Shann Finwall gave the presentation and answered questions of the council. b. Dr. Mike Manthei, President, Silver Lake Improvement Association, Inc. commented on this item and stated he had given information regarding these concerns to Mr. Konewko. C. Acting City Manager, Public Works Director, Chuck AN answered questions of the council. d. Chair of the Parks Commission, Peter Fischer shared comments from the Parks Commission. e. Lincoln Fetcher, President, Valley Branch Watershed District shared his comments regarding this topic and answered questions of the council. f. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach moved to approve the Silver Lake Herbicide Treatment Funding Reauest. which represents the citv's 27.5 percent share of the shoreline ($16.500 X .50= $8.250 One half of those funds should come from the Environmental Utility Fund and the other one half should come from Parks Maintenance or Recreational Funds. Further adding that the funding is for one year only and that future funds will be conditioned and documented on additional lake studies and stormwater best manaaement practices beina implemented by the Silver Lake homeowners Councilmember Juenemann made a friendly amendment clarifing that the funding is for one year only and that future funds will be conditioned and documented on additional lake studies and stormwater best management practices being implemented by the Silver Lake homeowners. Councilmember Rossbach accepted the friendly amendment. June 23, 2008 City Council Meeting Minutes Packet Page Number 118 of 260 Mayor Longrie stated for the record she would have preferred to see the studies and the chemistry that have been discussed this evening. Mayor Longrie said she has a double major in chemistry and biology. (Someone in the audience shouted that this information is available online.) However, Mayor Longrie stated she wanted to see this information before voting so she could better understand things. Mayor Longrie was concerned about where the financing would come from. She thinks the idea of having different associations such as lake associations coming to the City of Maplewood and applying for charitable gambling funds looking for money will be common. Mayor Longrie said this is the opening of the public policy. She would like to be a voting member so the city can be partners. Without that the city is just a money bag. These are the types of things that she weighs and balances when voting. She felt she didn't have the appropriate information to make a good, balanced, and informed decision. She is concerned about the chemicals that were put in the lake last year and the impact on the lake. Now those chemicals aren't allowed. These are the questions she hasn't heard answers for. Seconded by Councilmember Juenemann. The motion passed. June 23, 2008 City Council Meeting Minutes Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle Packet Page Number 119 of 260 Attachment 4 Draft CITY OF MAPLEWOOD ENIVRONMENTAL AND NATURAL RESOURCES COMMISSION Partial Minutes from April 7, 2009 5:15 p.m. COUNCIL CHAMBERS — MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST CALL TO ORDER : The meeting was called to order at 5:22 p.m. 2. ROLL CALL Present Chair Carol Mason Sherrill Commissioner Judith Johannessen Commissioner Carole Lynne Commissioner Frederica Musgrave Commissioner Bill Schreiner Commissioner Dale Trippler Commissioner Ginny Yingling staff Environmental Planner Shann Finwall Natural Resources Coordinator Ginny Gaynor Community Development and Parks Director DuWayne Konewko City Engineer Mike Thompson Engineer Steve Love 3. NEW BUSINESS c. SILVER LAKE IMPROVEMENT ASSOCIATION REQUEST FOR HERBICIDE TREATMENT FUNDING FOR SILVER LAKE Environmental Planner Finwall introduced Brittney Hummel Brittany Hummel, Aquatic Invasive Species Specialist with the Department of Natural Resources. Ms. Hummel has been working with the Silver Lake Improvement Association on the herbicide grant and study of Silver Lake. Ms. Hummel due to the limited time left in the meeting she would like to make herself available for questions from the commission. Commissioner Musgrave said the mayor was concerned about the chemicals going into the lake in 2008. Ms. Hummel said they would only allow legal chemicals to be put into the lake. She said this is a pilot project, and every lake will have different outcomes. She said Silver Lake is one of the most highly monitored lakes in Minnesota, so it will give them excellent data on shallow lakes in Minnesota. She said they suspect that the treatment of Eurasian water milfoil may have caused a problem in 2008. This treatment can damage native plants, and so this year they will only be treating for curlyleaf pondweed. Packet Page Number 120 of 260 Commissioner Trippler asked if the water quality is improving at Silver Lake. Ms. Hummel said that they will have a better idea of how the treatment will work after this year's treatment. Because the water quality went down last year, they are modifying their plans. The DNR will reassess the situation after the current season to see if the water quality continues to decline and whether or not to continue with this project. Commissioner Yingling made a motion to recommend approval of the herbicide treatment funding ($8,250) for Silver Lake for this year, seconded by Commissioner Trippler. The motion carried by a vote of six to one, with Commissioner Musgrave voting against. Packet Page Number 121 of 260 Attachment 5 Preliminary evaluation of lake -wide herbicide treatments for controlling curlyleaf pondweed and Eurasian watermilfoll in Silver Lake (Down e2- 000iji James A. Johnson and Ajay Jones (advised by Dr. Ray M. Newman) Fisheries, Wildlife and Conservation Biology University of Minnesota - St. Paul, MN 55108 [Draft received on 28 January 20091 Project Overview The Minnesota Department of Nataral Resources (MNDNR) and University of Minnesota (UMN) have been collaborating since 2006 to evaluate the use of whole -lake herbicide treatments for controlling nuisance growth of curlyleaf pondweed (Potamogeton crispus) in Minnesota lakes. The specific objectives of the project are to: 1. Determine the effectiveness of treatments for reducing curlyleaf distribution and growth density 2. Determine the effects of treatments on native plant distribution, diversity and growth density 3. Determine if successive lake -wide treatments reduce the number of curlyleaf tutions (reproductive buds) in lake sediments During each year of this project, we conducted point- intercept aquatic vegetation surveys, measured plant biomass (estimate of growth density), collected water quality measurements, and sampled lake sediments for emlyleaf turion in 13 study lakes, including Silver Lake (Table 1). Table 1. Summary of aquatic vegetation (AV), biomass (BM), and cation density surveys completed in 2005 (MNDNR), 2006, 2007, and 2008 (LW as a part of the evaluation of lake -wide herbicide treatments to control P. crispus in Silver Lake (DOW 462 - 0001). Date Surveyed AV Survey 1 AV Survey 2 AV Survey 3 Total AV Points Max Depth Sampled R) Total BM Points 1/213 Survey Surve ey 20W NIA June 7 July 27 149 20 N/A N/A 2007' May 14 June 11 Aug 13 150 20 39/38/38 Sept 5 2008 May 22" June 23 Aug 24 149 18 -/40/40 Oct 20 * 2006 surveys conducted by Barr Engineering, Ina, 2007 and May 2008 surveys conducted by Fortin Consulting, Inc. All other surveys conducted by Ajay Janes -- University ofMinnesota. t 1= pretreatment period (Apr -May), 2 = peak P. ctrspus period (late May - June), 3 =peak native plant period (Aug -Sept) z Biomass sample point totals listed by seasonal period in chronological order (112/3) Preliminary evaluation ofiaka -wide treatments forcontmiling curly leaf and milfoil in Silver Lake Jaynes A. Johnson and Ajay Jones — University of Minnesota - Jan 2009 D. \CHIP D \2 2008 \Milfoil 2008 Lakes \Silver \Summary for Silver Lake -4.doc Packet Page Number 122 of 260 ]Draft received on 28 January 2009] Summary of Results Silver Lake (Ramsey County, MN, DOW 62 -0001) is a moderately fertile (mesotrophic) lake with a history of moderate water clarity (Table 2). The lake has a history of abundant plant growth, and contains established infestations of two non - nativc invasive plants, Eurasian watermilfoil (M. spicatum) and curlyleaf pondweed (P. crispus). In 2006 and 2007, aquatic vegetation was found at 90 -100% of the sampled littoral sites dining all surveys, but in 2008 vegetation appeared to decline in abundance from 100% vegetated in May to 30% in August (Table 3). The dominant plant taxa generally declined in abundance in 2008. Water clarity also declined during the monitored period, with average May - September Secchi transparency dropping from about 2.5m in 2005 and 2006, to about 1.6m in 2007 and 2008 (Table 2). Summary of Growing Season Water Quality (May -Sept) Silver Lake: 2006 -2008 Native Aquatic Plants Table 2. Summary of growing season (May - Sep) water quality data collected from Silver Lake. Data provided by the Minnesota Pollution Control Agency. Coontail (C. demersum) was consistently the most common plant during the monitored period, occurring at 80 -100% of sampled littoral sites in 2006 and 2007; however, it declined in 2008 from 80% occurrence in May to 10% in August (Table 4). Elodea (E, canadensis), the next most abundant native plant, showed a similar pattern, Preliminary evaluation of lake -wide treatments for controlling cudyleat and milfoil in Silver Lake James A. Johnson and Ajoy Janes - University of Minnesota - Jan 2009 D: \CHIP D \2 2008 \Milfoil 2008 Lakes \Silver \Summary for Silver Lake -4.doc Packet Page Number 123 of 260 Secchi m Chl -a Total P Ng/L Mean" SD Mean SD Mean SD 1988 3.5 1.10 5 3.7 25 9.2 1999 2.6 1.00 6 4.6 27 10.2 2000 3.0 0.77 5 2.7 25 9.6 2001 312 1.28 5 3.2 34 14.8 2002 2.9 0.91 2 1.6 25 8.5 2003 2.4 1.38 8 7.8 35 19.4 2004 2.9 0.86 9 7.2 30 8.3 2005 2.5 0.92 10 5.5 28 4.7 2006 2.4 2.19 11 16.1 43 25.7 2007 1.6 1.03 24 25.9 38 14.2 2008 13 1.04 18 18.9 37 27.4 Native Aquatic Plants Table 2. Summary of growing season (May - Sep) water quality data collected from Silver Lake. Data provided by the Minnesota Pollution Control Agency. Coontail (C. demersum) was consistently the most common plant during the monitored period, occurring at 80 -100% of sampled littoral sites in 2006 and 2007; however, it declined in 2008 from 80% occurrence in May to 10% in August (Table 4). Elodea (E, canadensis), the next most abundant native plant, showed a similar pattern, Preliminary evaluation of lake -wide treatments for controlling cudyleat and milfoil in Silver Lake James A. Johnson and Ajoy Janes - University of Minnesota - Jan 2009 D: \CHIP D \2 2008 \Milfoil 2008 Lakes \Silver \Summary for Silver Lake -4.doc Packet Page Number 123 of 260 [Draft received on 28 January 20091 occurring. at 30 -50% of the sampled littoral sites in 2006 and 2007, but declined in 2008 from 30% in May to 10% in August. Two other common native plants, bushy pondweed (N. flexilts) and large - leaved pondweed (P. amplifol #us), also showed notable declines in occurrence from 2006 to 2008 (Table 4). Non - Native Invasive Plants: Eurasian Watermilfoil and Curlyleaf Pondweed Eurasian waternulfoil was found at 50-70% of the sampled littoral sites in 2006, but was not found during any of the surveys in 2007, and only occurred in May of 2008 at about 10% of the sampled sites. Curlyleaf pondweed was found at 60 -70% of sampled littoral sites in May of 2007 and 2008, but occurred at less than 5% of sites in June of both years (no May survey in 2006), likely due to treatment. Curlyleaf pondweed ration density dropped considerably from 210 turionshr? in 2007 to 10 turions /m in 2008 (Table 5), suggesting a decline in turion production due to the control of curlyleaf These results suggest that the herbicide treatments are effectively controlling both of the target non - natives. Although curlyleaf pondweed abundance in May did not decline during the monitored period, the absence of curlyleaf in June, normally the period of peak growth, and the large decline in lotion density suggest that the treatments are minimizing negative impacts to recreational use and are reducing ration density to a level that should translate into reduced curlyleaf abundance in 2009. Preliminary evaluation of lake -wide heatments for controlling curb4aaf and milloil in Silver Lake James A. Johnson and Ajay Jones — University of Minnesota - Jan 2009 D: \CHIP D \Z 2008 \Milfoll 2008 Lakes \Sliver \Summary for Silver Lake ^4.doc Packet Page Number 124 of 260 [Draft received on 28 January 2009] Aquatic Vegetation Survey Results Silver Lake: 2006 -2008 Aquatic Vegetation Survey Results Occurrence of Taxa Encountered Silver take Ramsay County (52 -0007) Table 3. Summary statistics for aquatic plants in Silver Lake. (2006 data collected by Barr Engineering Inc., 2007 and May 2008 data collected by Fortin Consulting Inc„ and 2008 June and August data collected by the University of Minnesota.) May results provide some indication of eurlyleaf (P, crispus) abundance prior to spring treatment, June results measure the period of typical peak curlyleaf density for comparison to pre - treatment data, and August results provide information about Eurasian wafermilfoil (M spicatum) and native aquatic plant growth and distribution. May June August % Littoral Area Vegetated 2006 - 100 99 (0.6m)_ 2007 95 97 95 2008 100 72 27 Maximum Depth of Growth 2006 - 6.2 5.9 (au taxa) 2007 51 3.8 6.2 -a 2008 5.9 57 2.2 Species Richness 2006 - 18 14 2007 17 13 13 2008 13 9 11 P- crispus %Occurrence 2006 - 21 1 ffiminlpaints) 2007 64 2 1 2008 66 0 0 M spicatlan %.occurrence 2006 - 69 53 (Itttaral pates) 2007 0 0 - 0 2008 8 0 0 Rol Fran of invasive Tana 2006 - 0.26 0.20 (Bttoraipoints) 2007 0.38 0.17 0.05 2008 0.30 0.00 0.00 Avg 4 of Native TaxelPoint 2006 - 2.4 2.1 2007 - 2008 1.5 1.5 0.4 Avg Native Biomass /Paint 2006 - - (dry 94W2) 2007 - - - 2008 1 3 Aquatic Vegetation Survey Results Occurrence of Taxa Encountered Silver take Ramsay County (52 -0007) Table 3. Summary statistics for aquatic plants in Silver Lake. (2006 data collected by Barr Engineering Inc., 2007 and May 2008 data collected by Fortin Consulting Inc„ and 2008 June and August data collected by the University of Minnesota.) May results provide some indication of eurlyleaf (P, crispus) abundance prior to spring treatment, June results measure the period of typical peak curlyleaf density for comparison to pre - treatment data, and August results provide information about Eurasian wafermilfoil (M spicatum) and native aquatic plant growth and distribution. Table 4. Summary of % occurrence for aquatic plant texa encountered during point.- intercept vegetation surveys conducted on Silver Lake, (2006 data collected by Barr Engineering Inc., 2007 and May 2008 data collected by Fortin Consulting Inc., and 2008 June and August data collected by the University of Minnesota.) Preliminary evaluation of lake -wide treatments for controlling curtyleaf and milfoil in Silver Lake James A. Johnson and Ajay Jones -» University of Minnesota - Jan 2009 D: \CHIP D \2 2008 \Milfoll 2008 Lakes \Silver \Summary for Silver Lake -4.doc Packet Page Number 125 of 260 -a !N e p n N s a a@ R E E § L m ft E F w t F F E aI 4 t1? 2006 Jvn-7 98 61 , 21'`. 14 69 27 13 3 10 3 22 1 6 1 2 1 1 1 1 dui -27 97 41i1 .. 9 63 29 19 10 t3 2 1 1 3 1 1 May -14 74 25 64: 13 11 6 10 2 1 14 3 2 1 1 2 1 1 Jueell 79 54 . 2: 28 11 5 3 2 12 1 1 1 1 Aug-13 91 31 1 32 7 5 3 5 2 4 1 1 2@68 Mar-22 81 31 66`: 39 8 1 2 14 3 2 1 1 1 1 Jun-23 54 17 14 1 1 3 4 1 1 Aug-24 11 12 5 1 1 2 5 3 3 3 t Table 4. Summary of % occurrence for aquatic plant texa encountered during point.- intercept vegetation surveys conducted on Silver Lake, (2006 data collected by Barr Engineering Inc., 2007 and May 2008 data collected by Fortin Consulting Inc., and 2008 June and August data collected by the University of Minnesota.) Preliminary evaluation of lake -wide treatments for controlling curtyleaf and milfoil in Silver Lake James A. Johnson and Ajay Jones -» University of Minnesota - Jan 2009 D: \CHIP D \2 2008 \Milfoll 2008 Lakes \Silver \Summary for Silver Lake -4.doc Packet Page Number 125 of 260 [Draft received on 28 January 20091 Gurtyleaf Pondweed Turion Survey Results Silver Lake: 2006 -2008 Table 5. Summary of results from curlyleaf pondweed turion surveys conducted on Silver Lake. The mean turion density declined from 2007 to 2009, No union survey was conducted in 2006.2007 data collected by Fortin Consulting, lac. 2008 dab collected by the University of Minnesota. Summary: • Eurasian watermilfoil (M spfcalum) and curlyleaf pondweed (P. crispus) appear to have been effectively controlled by herbicide treatments in 2007 and 2008. * Although May curlyleaf abundance did not decline over the three -year monitoring period, little curlyleaf was found in June of 2007 and 2008, and curlyleaf turion density declined substantially. • Although Silver Lake supported abundant plant growth in 2006 and 2007, plant abundance declined substantially during the summer of 2008. Most notably, coontail (G demersum) declined from 80 -100% occurrence in 2006 and 2007 to 10 in August of 2008. The decline in native plant occurrence may be associated with the decline in water clarity. Water clarity declined from 2.5m in 2006 to 1.6m in 2007 and 2008 and chlorophyll levels in 2007 -2008 were higher than most previous years. • The University of Minnesota plans to continue monitoring Silver Lake in 2009 (Ajay Jones). Preliminary evaluation of lake -wide treatments for controlling curlyleaf and milfoil in Silver Lake James A, Johnson and Ajay Jones — University ofOrtnesota - Jan 2009 D: \CHIP D \2 2008 \Mllfoli 2008 Lakes \Sliver \Summary for Silver Lake -4.doc Packet Page Number 126 of 260 Silver Lake Number of Samples 2007 40 2008 40 # of Sites with Turions 2007 24 2008 7 Mean Turlon Density t#m "2 2007 214 (all tifforalpoints) 2008 10 Standard Error 2007 13 (all Afftorat points) 2008 4 Mean Turion Density #/m "2 2007 357 (only sites with turions) 2008 57 Standard Error 2007 14 (only sites with turons) 2008 3 Turlon Viability 2007 - (%sprouted) 2008 1 44 Table 5. Summary of results from curlyleaf pondweed turion surveys conducted on Silver Lake. The mean turion density declined from 2007 to 2009, No union survey was conducted in 2006.2007 data collected by Fortin Consulting, lac. 2008 dab collected by the University of Minnesota. Summary: • Eurasian watermilfoil (M spfcalum) and curlyleaf pondweed (P. crispus) appear to have been effectively controlled by herbicide treatments in 2007 and 2008. * Although May curlyleaf abundance did not decline over the three -year monitoring period, little curlyleaf was found in June of 2007 and 2008, and curlyleaf turion density declined substantially. • Although Silver Lake supported abundant plant growth in 2006 and 2007, plant abundance declined substantially during the summer of 2008. Most notably, coontail (G demersum) declined from 80 -100% occurrence in 2006 and 2007 to 10 in August of 2008. The decline in native plant occurrence may be associated with the decline in water clarity. Water clarity declined from 2.5m in 2006 to 1.6m in 2007 and 2008 and chlorophyll levels in 2007 -2008 were higher than most previous years. • The University of Minnesota plans to continue monitoring Silver Lake in 2009 (Ajay Jones). Preliminary evaluation of lake -wide treatments for controlling curlyleaf and milfoil in Silver Lake James A, Johnson and Ajay Jones — University ofOrtnesota - Jan 2009 D: \CHIP D \2 2008 \Mllfoli 2008 Lakes \Sliver \Summary for Silver Lake -4.doc Packet Page Number 126 of 260 Agenda Item L2 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Director of Community Development & Parks SUBJECT: Consider Resolution Receiving Preliminary Report on Alignment Study along Lydia Avenue of Lake Links Trail Connection, Authorization the Preparation of the Plans and Specifications DATE: May 5, 2009 INTRODUCTION A feasibility report has been completed for the Lake Links Trail Improvements, City Project 08 -16. This feasibility report has investigated options for the completion of the segment of the Lake Links Trail between McKnight Road and Bellaire Avenue. A copy of the feasibility report is enclosed. Staff is requesting that Council accepts the feasibility report and authorizes the preparation of final plans and specifications for the trail improvements. BACKGROUND The Lake Links Trail is an important east -west regional trail corridor that extends across the northern portion of Maplewood in the area between 1 -694 and Beam Avenue. The Lake Links Trail Network Master Plan prepared for Washington County Parks and Ramsey County Parks dated January 1, 2001 details the history and goals for this comprehensive trail system. The Lake Links Trail was also identified as a priority trail corridor in the Sidewalk and Trail System Plan prepared as a part of Maplewood's 2030 Comprehensive Plan update. Since 2001, portions of the Lake Links Trail have already been constructed within the City. This feasibility study and report has been prepared for the portion of the Lake Links Trail between McKnight Road and Bellaire Avenue, one of the two remaining segments of the Lake Links Trail that have not been constructed. The other remaining segment between Southlawn Drive and Ariel Street is currently being planned as a part of the proposed reconstruction and widening of White Bear Avenue. The feasibility report has considered numerous alignment options for this segment of the Lake Links Trail. The alignment options have been presented to the Parks and Recreation Commission at meetings on October 12, 2008; November 19, 2008; December 17, 2008; February 18, 2009; and March 18, 2009. Public comment on the alignment options was received at the November 19, 2008 meeting, and a public hearing was conducted at the March 18, 2009 meeting. After receiving public comment, the Parks and Recreation Commission has recommended that an alignment along McKnight Road and Lydia Avenue be considered as the most feasible alignment as presented in the feasibility report. Also, refer to staff memo submittal from Mr. Doug Taubman and corresponding Park Commission minutes. Packet Page Number 127 of 260 Q 1.10111*11IQ 0 The feasibility report has identified the most feasible alignment for this segment of the Lake Links Trail based on discussions with the Parks and Recreation Commission, resident input, and an investigation of the scope of the improvements and the associated estimated costs. It is recommended that the project proceed with an alignment along McKnight Road and Lydia Avenue. Staff is recommending that the Council consider advancing the project for construction in 2009 to take advantage of the opportunity to include the improvements as a part of the County Road D Street Improvements (CP 08 -20). This will provide opportunities for cost savings and efficiencies by including the improvements with a larger construction project. Staff is proposing that the Lake Links Trail Improvements be included in the County Road D project as a bid alternate to provide the Council with the opportunity to know actual costs before making a determination on a contract award for the improvements. BUDGET The total project budget for the improvements as reported in the feasibility report is $228,500. The project is proposed to be financed through State Aid funds. RECOMMENDATION It is recommended that the City Council approve the attached resolution accepting the preliminary report and authorizing the preparation of plans and specifications for the Lake Links Trail Improvements City Project 08 -16. Attachments: 1. Resolution 2. Mr. Doug Taubman's Staff Report 3. Park Commission Minutes 4. Feasibility Report (separate attachment) Packet Page Number 128 of 260 Attachment 1 1:7X.Y�A�j�N7►1 ACCEPTING REPORT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a feasibility report has been prepared for the Lake Links Trail Improvements, City Project 08 -16, and this report was received by the Council on May 11, 2009, and WHEREAS, the report provides a recommended alignment for the trail and information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the final plans and specifications be prepared for the Lake Link Trail Improvements with the recommendations of the feasibility report. Approved this 11 day of May 2009 Packet Page Number 129 of 260 Attachment 2 To: DuWayne Konewko From: Doug Taubman Re: Summary of Lake Link Trail Parks and Rec. Commission Action Date: May 4, 2009 October 15, 2008 PRC Meeting At the October 15, 2008 Parks and Recreation Commission Meeting Jon Horn and Luke Payne from Kimley -Horn & Associates presented the results from the feasibility study on the McKnight Road to Bellaire Avenue segment of the Lake Links Trail. John and Luke presented three alignments for consideration: Alignment A — Follow the east side of McKnight Road south to Lydia continuing on the south side of Lydia to Bellaire Avenue, Alignment B - Follow the power line easement from McKnight Road to Bellaire Avenue then south on Bellaire to Lydia Avenue; Alignment C — Follow the east side of McKnight Road north to County Road D continuing on the north side of County Road D to Bellaire Avenue and south on Bellaire Avenue to Lydia Avenue. The motion by the Parks and Recreation Commission was to go with Alignment A as long as it crosses at Gall Avenue and not south of it with 10 foot wide trail. The Commission indicated it was ready to hear public comments at the November 19, 2008 meeting. November 19, 2008 PRC Meeting Chad Larson and Luke Payne from Kimley -Horn & Associates were present to discuss in greater detail the Commission's recommended alignment as well as to assist the Commission and staff with the public hearing. During the public hearing portion of the meeting most residents expressed concerns about safety, crime and loss of privacy. The public hearing portion of the meeting was followed by further commissioner questions. The end result of the public hearing and commissioner discussion was a motion directing staff to consider further the County Road D alignment and bringing it back to the Commission in January and for a public hearing in February. December 17, 2008 Staff felt it was important to bring the McKnight to Bellaire segment of the Lake Links Trail back to the Commission for further discussion and review. With the assistance of Kimley Horn & Associates, the Commission discussed in detail all three alignments. The end result was the elimination of the power line alignment primarily because of cost and the recommendation of further exploration of the County Road D Alignment with the option of taking the trail through the Joy Park Preserve instead of south from County Rd D on Bellaire Avenue. February 18,2009 Jon Horn of Kimley -Horn & Associates was present to assist the commission with further discussion of the McKnight to Bellaire segment of the Link Links Trail. The majority of the discussion related to the County Road D alignment including extending the trail from County Road D through the Joy Park Preserve instead of going south on Bellaire Avenue. Five residents addressed the Commission expressing their concerns with construction of the trail in the preserve. The Commission determined that this was not a feasible route. The Commission Packet Page Number 130 of 260 directed staff to focus on the Alignment A and Alignment B options and to notify residents of a March public hearing. March 18. 2009 At the March 18, 2009 meeting after a presentation by Kimley -Horn and Associates and public comments from approximately 16 residents, the Commission discussed the options and moved to have staff move forward with the process of constructing this segment of the Lake Links Trail along the Lydia Avenue alignment (Alignment A). Packet Page Number 131 of 260 Attachment 3 CITYOF MAPLEWOOD PARK COMMISSION MEETING MINUTES WEDNESDAY, OCTOBER 15, 2008 6:30 P.M. COUNCIL CHAMBERS - MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST VIII. LAKE LINKS TRAIL FEASIBILITY REPORT DuWayne Konewko gave some background before turning it over to Jon Horn and Luke Payne from Kimley -Horn & Associates, who presented results from the feasibility study. Tonight the focus is on the area between McKnight and Bellaire. Three options to consider for input and feedback are: a) Along Lydia Ave - alignment starts at farm property running along east side of McKnight Road to Lydia, connecting segment of trail proposed as part of the Joy Park improvement. b) An off roadway option running between Dahl and Lydia. c) A segment that starts at McKnight directed along north side of County Road D between D and 694 along and down Bellaire connecting with a segment being built as part of the Joy Park improvement. • They are looking for feedback and input from the commission on the various options and improvements. They are looking to present the feasibility report to the City Council in January/February. Questions and Comments: Commissioner Binko is concerned about creating a recreational bike route down McKnight. Commissioner Peterson inquired about each of the three options crossing McKnight. Commissioner Brannon stated a concern regarding a crosswalk going over McKnight when the crossing is not at a corner. He feels the trails are too narrow. Commissioner Sonnek asked if there would be winter snow removal on Lydia. She asked if on -road trails are considered. Commissioner Peterson mentioned a concern on how close County Rd D is to Interstate 694. She is wondering if there could be two feet of another option other than grass on Lydia. Commissioner Binko likes the idea of a 10 -foot trail. Packet Page Number 132 of 260 DuWayne Konewko stated one of the challenges to design a trail is to retrofit into an urban area. Jon will look at these options and come up with a recommendation incorporating a price. Commissioner Roman is wondering how many driveways the trail on Lydia will cross. He inquired about crossing White Bear Ave. Commissioner Schmidt would like to explore the flashing lights further for pedestrian crossing. She. likes option B the best but feels the price is too high. She is leaning toward option A. Commissioner Sonnek is leaning toward option A due to cost and convenience of crossings. Commissioner Christianson is wondering if these costs take into account the expense of County Road D roadway improvements. Commissioner Fischer asked if the trail goes along McKnight, is there any possibility in the future when McKnight is rebuilt, redone or rerouted if we go to Option A? Commissioner Binko asked what the easement costs would be for the D alignment. Commissioner Brannon thinks there are gaps between Walter and Hwy 61 along that trail that are not complete. There were several questions from the commissioners regarding funding for the Lake Links Trail. Staff will pursue the safety piece and bring that update back to a future meeting. Commissioner Sonnek made a motion to go with alignment A as long as it crosses at Gall Street and not South of it with 10 feet wide trails. Seconded by Commissioner Brannon, 7 ayes, one nay. DuWayne Konewko asked if the commission is ready to hear public comment at the November 19 meeting. If so staff will prepare a letter to send out to surrounding neighbors. In the letter to the public, it will be stated that alignment A is the preferred choice. Packet Page Number 133 of 260 CITYOF MAPLEWOOD PARK COMMISSION MEETING MINUTES Wednesday, November 19, 2008 6:30 P.M. COUNCIL CHAMBERS - MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST 5. PUBLIC COMMENTS - LAKE LINKS TRAIL PROPOSED ALIGNMENT /MCKNIGHT TO BELLAIRE Staff Report DuWayne Konewko introduced Chad Larson and Luke Payne from Kimley -Horn, who are here to revisit the discussion about alignment options. Staff went through some concerns they have heard regarding the placement and the selection of the Lydia alignment: • Preference for the County Road D alignment. • Preference for the power line easement. • Concerns about loss of trees in boulevard. • Safety concerns regarding traffic and foot traffic. • Loss of property values. • Lack of use of trail. • Increase in crime. • Concerns about existing sprinkler systems. • Concern about increase of traffic on Lydia over the last couple of years due to construction on Hwy 36 and most recently Beam Avenue. DuWayne Konewko will make sure these concerns will be part of the public record. He introduced Mr. Payne from Kimley -Horn who will go through the background information and provide an update on some concerns expressed by the Park Commission, including the safety features at the McKnight crossing. Mr. Payne from Kimley -Horn & Associates presented findings on the Lake Links Trail from the October 15 meeting. He discussed the segment that has not been constructed that connects the trail from McKnight Avenue to the trail segment being constructed as part of the Joy Park improvements. At the October 15 meeting, the commission recommended an alignment along the east side of McKnight Road to Lydia Avenue. As part of this investigation they looked at alignments along County Road D, the power -line easement and the preferred alignment along Lydia. Mr. Payne showed the commission an exhibit that illustrates the alignment recommended by the commission. It starts at the existing Lake Links Trail on the western right - of -way of McKnight, crosses McKnight on the south side of Gall Avenue, extends southward within the eastern right -of -way of McKnight, crosses Lydia, and from the intersection of McKnight and Lydia extends east in the south right -of -way of Lydia to where it connects to the trail currently being constructed as part of the Joy Park improvements. The commission expressed concern with a couple of issues associated with this trail: 1. Safety concerns regarding the Lake Links crossing of McKnight Proposed implementations: a) The trail will cross directly adjacent to the south right -of -way line of Gall Avenue. It aligns itself with Gall and will be an area where motorists have enhanced attention due to turning vehicles and pedestrians. Packet Page Number 134 of 260 b) Utilize Dura- Therm, a thermoplastic material embedded into the asphalt, which reduces concerns with snow plows and will bring attention to the cross walk at night because it reflects headlights. c) Utilize LED -lit pedestrian crossing warning lights to alert motorists. d) Install additional street lights at that crossing. 2. There was a question about what the appropriate material would be to restore the boulevard at the segment of trail that abuts Lydia Avenue. a) A full 12 foot wide asphalt trail. b) Utilize a 2 -foot wide concrete paver boulevard. c) Utilize wide rock/mulch boulevard. Questions and Comments from Commission: Commissioner Binko asked it they can put a stop sign on Gall. She is concerned about pedestrian and bike traffic. She feels a stop sign on Gall and on McKnight would be prudent. Response The problem with placing a stop sign there is the close proximity with the County Road D intersection. He said they can look into it but it may cause circulation problems around County Road D. Commissioner Binko asked about the possibility of having a split path on Lydia with the median being grass. Response This was considered, however due to the limited space this is the most efficient way that we can provide the full trail width per standard. If two feet were placed, in the middle we would eliminate the opportunity to add mailboxes and signs and there are some safety concerns with having pedestrian traffic right on the curb. • Commissioner Peterson asked about the width of the trail that goes through the Prairie Farm Preserve, she remembers it being more likely 8 feet Response The trail would be 10 feet, but 8 feet can be put on the table if the commission feels it is warranted. • Commissioner Sonnek asked about the width of the trail off Lydia. If it were 8 feet would you then consider a grass boulevard edge? Response Yes, it would be the preferred option. • Commissioner Brannon said the problem he sees with an 8 -foot trail is there isn't enough room for walkers and bikers. • Commissioner Sonnek asked if we have any anticipation of use for this trail versus the state trail. Do we have standards for use and width? Response We do have standards for uses and widths. For a shared use path the generally accepted standard is a minimum of 10 feet wide. If it is a trail that receives less use there are situations where 8 -foot trails are acceptable. At this time this is not projected to be a high use trail. • Commissioner Peterson asked if Mr. Taubman knows the width of the trails on the open spaces. Response No, he does not know. Packet Page Number 135 of 260 • Commissioner Fischer asked whether there is an option for the trail along Lydia being 10 feet from the curb and adding two more feet of grass on the one strip to give more width to the trail. Response The concern with this is sign and mailbox placement. Public Comments and Questions: Bob Ohs, 2995 Mary Street asked if it there is an 8 -foot trail along Lydia, who is going to maintain a two foot strip of grass and would grass grow on that with all the plowing and salt that would occur. Where will the mailboxes be relocated? He has seen traffic on Lydia at high speeds and has seen the traffic increase. He suspects that there is a safety issue with bikers young and old with this amount of traffic and speed. Why pay money to tear up a sidewalk that we have already paid for and is in good condition when we can go a different route. There is a lot of money involved and black top tends to undergo a lot of wear. He would prefer they go a different route with less traffic that would not involve tearing up an existing sidewalk. Phil Tandiocean, on behalf of his parents who reside at 2995 Bartelmy Lane, asked how you can plan a trail without planning the whole thing out before you start building a trail. One section of the trail is too close to a cemetery. It might be better to find an alternative place to locate the trail through a nature area. The County Road D and power line issue was looked at but we have yet to hear the results. Lydia is not safe due to traffic. He suggested putting in an additional trail instead of replacing one that is already there. Fewer homeowners are affected on the County Road D option. Commissioner Binko asked if we could go over the other two plans. Staff agreed and proceeded to over the two plans: Option B utilizes the power line easement. We would still have a mid -block crossing at McKnight so the concerns regarding the safety at that trail crossing would still be in play. We then follow the powerline easement east to a point on Bellaire and extend down the west side of Bellaire to where we would intersect with the extension from Joy Park. Some of the concerns along this alignment are acquisition since the city does not currently own that property. It is encumbered by overhead power and multiple gas lines; there are wetland concerns; trees and topographical issues to be navigated; and cost issues. The amount for acquisition will be substantially higher. Option B would cost approximately $279,000 for trail improvements and $350,000 for acquisition. Option A would come to a total cost of $238,000 trail improvements and any acquisition costs. Option C follows County Road D. There would be a mid -block crossing would be at Gall Avenue and the trail would go up the west side of McKnight. This poses some challenges due to existing infrastructure along McKnight. The cheaper and more readily available option would be to use the east right -of -way. We would then follow the north side of County Road D where it becomes Bellaire and extends south connecting with the trail under construction as part of the Joy Park improvements. County Road D is a rural section without a curb or gutter. In order to implement this option it would best be facilitated along with a street reconstruction project where curb and gutter are being added. This is the longest route so this explains why it has the highest construction cost. The construction cost would Packet Page Number 136 of 260 be $316,000; easements $5000. There is a timeline; it would not begin until 2013, as this is the date for slated road construction. Mr. Ohs: The existing sidewalk is still a usable bike path for the residents in the area and it could connect to a trail. Yuri McIntyre, 3037 Standridge Place: Several of us back up to McKnight. Currently we have a buffer of brush and trees. We feel that if you take a 12 -foot right -of -way through there, this would eliminate most of the buffer we have. Traffic noise would then be a problem. Safety issues on Lydia would be a concern. He is concerned about the increase in crime having a path running along the backyards. Have we explored going on the west side of McKnight? We see County Road D as a better option. Staff response South of Woodlynn there are significant grading issues that would prove a challenge. • Gregory Hine, 3017 Standridge Place: We have the only driveway that backs up on that stretch, He is concerned about the safety issues for his family and bikers. They are concerned they would lose their turn -a- round. Dale Rudy 3025 Standridge Place: Implores the commission and staff to look at another alignment. He can see the importance of trails but people race from Lydia to Gall on McKnight so there is a real safety concern. The park area gets a high use by youth groups. Parked cars filled up both sides of Lydia, causing safety issues. He is also concerned about an increase of crime and a loss of privacy. He does not want to lose a 100 -200 year -old Oak. He prefers County Road D option. They are afraid of losing privacy. Janet Mercer, 3029 Standridge Place: She echoes everything said tonight. Regarding the10 foot right -of -way, how much land use is being proposed along the McKnight section? There are holding ponds and a portion is on her land, is there anything in the budget for a barrier system in case someone wanders off the trail into their yard. They are concerned that people would park on McKnight using the trail which could cause safety issues. Response There is no permit acquisition along McKnight and Lydia. There may be some temporary easement required along the steep hill off McKnight. Staff has not gotten into the design yet regarding a barrier. If there are issues associated with that then that would be addressed. Sherry and Dave Orlando, 3009 Standridge Place: They feel there are topographical challenges on both the east and west side of McKnight. Increased foot and bike traffic on Lydia would be unsafe. They are concerned about an increase in litter on their corner. Is there a critical need to have this finished? Can the traffic pattern be changed on McKnight, possibly to a single lane with a center turn lane, designating part of the road as a bike path? Response In 1999, there were a number of cities involved with the Lakes Link Trail development. This was thought of as a regional trail, adopted by a resolution in 2001 by cities. It was always envisioned as an off -road path but they can look at it from the perspective brought up by Mr. Orlando. • Commissioner Binko asked for the number of houses impacted for this option. Response 14 -15 homes are impacted on McKnight /Lydia; 12 -13 homes are impacted on the Bellaire side with a few more north on McKnight. Packet Page Number 137 of 260 • Ron Cockriel, 943 Century Avenue: When these trails are put through communities crime rate doesn't go up; crime goes down because neighbors are out walking and deter crime. Take the mailboxes and move them back to the south side of County Road D. Let's not take away assets that improve our community such as in the Lydia corridor. There are a lot of challenges and a lot of great opportunities that go along with it. Additional Questions from the Commission: • Commissioner Sonnek asked if staff has an idea of the cost or the possibility of adding 5 feet of concrete instead of ripping it out and adding 10 feet of asphalt. Staff response It would be possible but not recommended as you run into settlement issues with the cracks in the center of the trail. • Commissioner Fischer: We have sidewalks on both sides. Is there a way to take a look at having traffic going one way and traffic going another and not having to build additional sidewalk or trail space? Staff Response It is not a realistic possibility based on the users of the trails. • Commissioner Sonnek asked what would happen on the west side of McKnight if we went to County Road D. Nobody is happy with the crossing at Gall, how would you get a crossing at County Road D? Staff Response It is not impossible. • Commissioner Fischer commented that going on the west side of McKnight to County Road D, puts the trail on some homeowners front doorsteps, which would be a major concern. • Commissioner Brannon asked what the timing is for funds. Staff Response The County Road D project is proposed to be completed in 2013 in our CIP. We have monies allocated for trails in 2010. • Commissioner Peterson: What is the timeline for the trail along County Road D? Staff Response That will start in the spring of 2010. • Commissioner Schmidt questioned whether we can use the constitutional amendment funds for completing the Lake Links Trail. She is not sure if that would the best way to spend the funds. Staff response The City's first meeting with the state is the first week of December. We will express some thought on some projects we would like to see occur in Maplewood. • Commissioner Binko asked what the likelihood is of getting the County Road D CIP being moved up one year. Staff response The Park Commission could make a recommendation to move up the funding to 2012 or 2011 to align itself with some of the enhancements that are going to take place at the mall corridor. • Commissioner Binko made a motion to move the CIP for County Road D to 2010 -2011 to be in line more appropriately with the Lake Links Trail Improvement from Southlawn Drive to Ariel Street. Staff respons First, we need to send out a mailer to include those residents on County Road D and Bellaire. Packet Page Number 138 of 260 Commissioner Fischer stated that they would like to direct staff to start planning for the possibility of going this route but would also like to put out a notice to the people in the rest of the area saying we are looking at options for going through that area and invite them to go through the same process that we have done here. Staff response The Commission can direct staff to look at that County Road D alignment, let us do some additional work on it, and bring it back to the Park Commission. Maybe next spring the city can send another notification to those residents in the other areas. Commissioner Fischer asked for a clarification of the motion. The motion has been amended to direct staff to look at the County Road D alignment and then come back for another hearing in February for the other people in that area with the goal to be more in line with the Lake Links segment from Southlawn Drive to Ariel Street. Motion made by Commissioner Binko and seconded by Commissioner Roman, seven ayes and one nay by Commissioner Fischer. Staff will bring this back to the commission in January with a public hearing in February. Packet Page Number 139 of 260 CITY OF MAPLEWOOD PARK COMMISSION MEETING MINUTES Wednesday, December 17, 2008 7:00 p.m. COUNCIL CHAMBERS — MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST 6. UNFINISHED BUSINESS: LINKS TRAIL PROPOSED ALIGNMENT DISCUSSION /MCKNIGHT TO BELLAIRE Director Konewko stated the staff felt it would be appropriate to be brought back to the Commission for a recap, assuring everyone is heading in the right direction. Director Konewko introduced Luke Payne from Kimley -Horn & Associates, who was back to discuss the alignment option that involves County Road D and present a summary of some of the discussion points brought before the public hearing and address questions. Mr. Payne stated he will be presenting additional findings on the Lake Links Trail, specifically the segment which would link the existing Lake Links Trail to the western right -of -way of McKnight Road to Bellaire Avenue. The initial meeting presented three alignment options: A. Pick up existing trail at western side of McKnight Avenue, extend southward on McKnight Avenue and follow Lydia Avenue eastward where it connects with the Joy Park Trail. This was the preferred alternative. B. Follow power line easement behind the resident's houses. This option provided a variety of positive benefits in a natural setting; however, there are cost and acquisition issues that eliminated it. C. Extend northward on McKnight Road following north right -of -way of County Road D and easterly down to Bellaire Avenue connecting to the Park Trail. Mr. Payne stated one option that has not been explored is connecting to a point on Bellaire Avenue and Woodlyn Avenue and extend trail eastward into city open space (Joy Park), negotiating on ridge top and avoiding existing wetlands, and then connecting to the existing Joy Park Trail; which will impact wetlands, grading, and tree removal. Mr. Payne would like input on this option. Commissioners Peterson and Christianson asked about easements and if mailboxes would have to be moved. Mr. Payne responded that mailboxes can be moved, and there are easements to deal with. Commissioner Brannon asked if there had been discussion of the cost of the route through Joy Park. Mr. Payne stated it would be approximately $100,000 additional to add 22,500 feet of additional trail. Commissioner Schmidt asked how difficult it would be to extend the trail through the wetlands. Commissioner Roman mentioned floating boardwalks as an option. Mr. Payne stated that they are investigating where the wetlands are and how pedestrian bridges /culverts can be used. Commissioner Roman asked if Bellaire Avenue could have a 10 foot wide trail. Mr. Payne said it could be approximately 20 feet to the back of the trail; with 10 feet of ditch, trail, and right of way. Commissioner Roman asked if that was enough room to keep mail boxes. Mr. Payne stated that they would be in the ditch area. Packet Page Number 140 of 260 Commissioner Roman asked about an island median between the north /south bound traffic on McKnight Road. Mr. Payne said this was considered. Commissioner Roman also asked about the possibility of 1 lane in each direction instead of 4 lanes of traffic along McKnight Road. Mr. Payne said he didn't see it as a feasible option. Commissioner Sonnek asked about user - activated crosswalk signs on McKnight Road. Mr. Payne said this was absolutely possible; actuators could be implemented as LED signs as a warning surface that would activate the lights. Commissioner Peterson asked about the possibility of getting a grant for crossings in Joy Park, since it is a state trail? Chair Fischer stated that wakes from snowplows crossing over where County Road D runs close to the freeway; there will be loss of trees if the trail is along that route, with much freeway noise. The first 3 -5 homes on D would have a buffer, however there would be increased freeway noise for others. Commissioner Peterson stated you can add trees on the northern edge of County Road D as a buffer. Commissioner Sonnek asked about wetlands in the Open Space; she is concerned about development there. Commissioner Brannon stated that the added cost of $100,000 going through Joy Park concerns him. Commissioner Peterson stated that a trail protects a preserve, because people are more likely to stay on the trail, and asked about what material would be used for the surface. This is important for everyone, but especially the disabled, seniors, and families with children. Chair Fischer said that the trail option through the Preserve was dropped because of the wetlands. Discussions with the neighbors are important to keep them in the loop. Commissioner Peterson would like to meet with the Advisory Task Force. She also said that the neighbors weren't involved with the planning process. Chair Fischer said there were 5 -6 meetings with neighbors. Commissioner Schmidt asked if traffic /crime was discussed with the neighbors, or did they prefer not to have a trail there. Commissioner Brannon said they preferred not having traffic through their backyards. Commissioner Schmidt asked if there was a study done about crime reduction because of increased traffic. Commissioner Brannon stated they did not go into actual statistics. Commissioner Schmidt asked if we knew how much crime was involved. Packet Page Number 141 of 260 Commissioner Brannon stated they would have to talk to the neighbors regarding crime incidents; there was some intimidation involved relating to the crime issue. Commissioner Peterson said the path shown on the purposed plan through the north of Joy Park does not go close to the residents backyards. Chair Fischer stated that it is all in people's definition how they feel. It does not get very close to their property lines, but it still has an impact. Commissioner Sonnek asked if there was a schedule for notifying residents on the County Road D plan. Staff stated that they do not at present. They are looking for further direction from the Commission. Commissioner Brannon stated there are 3 different options, so before next hearing they should have a meeting with the neighbors in the area. If they talk about County Road D and people get upset, the neighbors will be angry and they will have to come back to the Gall Avenue option. Commissioner Peterson stated they should schedule a meeting with the Technical Advisory group. Commissioner Christianson stated he was unable to attend the last meeting but read the minutes. It was discussed keeping options A and C and eliminate B. Discussion involved the fact that they really are talking about just A and C. Can we eliminate Option B. Commissioner Christianson made a motion to take option B off the table. Second? Commissioner Brannon seconded the motion. Commissioner Sonnek suggested they name the options 1 and 2. A motion was made to rename them. All in favor: Aye. Opposed: None. Commissioner Brannon asked if they should have another public hearing in February and meet with the neighbors before that hearing. Commissioner Sonnek asked Staff if there was a utility right -of -way in the Park. Mr. Payne responded that they would have to do a study about a right -of -way; there is no easement, but he can research the viability. Commissioner Sonnek said she would like to see a cost estimate for what is proposed and a plan that would go through the north part of Joy Park. Commissioner Roman brought up the number of options looked at. He thought there were still three options. Commissioner Peterson asked if it would be possible to get plans on the variation of the County Road D going through Joy Park. Commissioner Brannon stated that too many options are dangerous if they're not viable. They will need information from staff if they consider the option through Joy Park. He said later this evening they will look at schedules and possibly have 2 meetings in January. Packet Page Number 142 of 260 Director Konewko stated they would like to bring the Comprehensive Plan back in January, so it's reasonable to assume that sometime in February they can come back to the Lake Links Trail options. Regarding costs, they would have to go out and look at the area, and will not be able to do that until spring. Commissioner Peterson said that she would like to know what the possibility of this option (wetlands, Joy Park) is, because if it is impossible, why pursue it. Commissioner Roman said they should have information about the cost first. Director Konewko suggested slowing down the process and pushing back a meeting or hearing in February to allow time for some information to come together from the Open Space Task Force. He said that they have a flexible time frame. They will have a February meeting, contact the Task Force, and depending on what the costs are, the Commission can make the decision to include them on a future meeting. Commissioner Peterson stated at the last meeting it was said that the time frame could be pushed back because County Road D improvements won't be done until next year. Chair Fischer stated that they will slow down the process. At the February meeting they will have more information and decide what the next steps will be. Packet Page Number 143 of 260 CITY OF MAPLEWOOD PARKS AND RECREATION COMMISSION February 18, 2009 7:00 p.m. COUNCIL CHAMBERS — MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST 1. LAKE LINKS TRAIL PROJECT Staff Manager Doug Taubman addressed the commission regarding the project. He said there are currently three options, and variations have been discussed in recent months. John Horn of Kimley Horn was present to provide information about the Joy Park/County Road D segment of the trail. He provided background for the new commission members and updated the other members, stating that Lake Links Trail is a connection of a trail through the Legacy Village development and Maplewood Mall; however the segment between Southlawn Drive and White Bear Avenue is not yet completed. The trail also runs through the farm property near County Road D. Recently structured through the Joy Park Area, he said they were focusing on how to provide a connection from McKnight Road to Bellaire Avenue. There are three possible alignments: 1. South on McKnight Road and east on Lydia Avenue; 2. Through the power Line easement between County Road D and Lydia Avenue; 3. East on County Road D, and south on Bellaire tying into a segment of trail which was built as a part of recent improvements at Joy Park. Mr. Horn said another scenario is constructing the trail east on County Road D, south on Bellaire Avenue and east on Woodlyn Avenue, and through the Joy Park Open Space property. He said they had discussed how to best make the crossing at McKnight Avenue, such as pedestrian signals and special treatments within the pavements. Ultimately, the trail along County Road D would have to be coordinated with street reconstruction, which will most likely occur in 2012. Because of potential funding, city staff was exploring the possibility of the County Road D project occurring in 2009. He said there will be a neighborhood meeting regarding this on February 19, 2008. There is a possibility that the coordination of County Road D and the segment of the trail on County Road D could be accelerated and occur along with the street reconstruction. The alignment through the Joy Park Open Space presents challenges; steep grades, vegetation, wetland areas, and frequently used wom trails. They looked at site lines at various locations and have identified the best location. He also gave the current cost estimates: Option A, Lydia Avenue alignment, is the least expensive with least construction costs: $240,000. Option B, alignment along County D that connects along Bellaire Avenue; approximately $325,000. There would be additional cost if the trail would go through the open space, which would be $450,000. This option is advantageous because the trail could be constructed at the same time as the County Road D reconstruction, which would result in cost savings. Option C is the most expensive through the power line easement, and it was decided that this option be dropped. He then took questions from the commission. Commissioner Sonnek asked whether notification has gone out to neighbors as far as the County Road D plan. John Horn replied there were two notifications, one regarding activities and surveying in the area, and there was a notice inviting them to a neighborhood meeting being to be held February 19, 2008. Staff Director Konewko said if they received authorization to go ahead with a plan, they would hold a meeting on March 18, 2009. Staff would send out notices inviting neighbors to hold discussions concerning the alignments. He said there is a meeting on February 19th at the Maplewood Community Center at 7:00 p.m. He said that the commission is invited to this meeting; however the meeting is regarding the entire project which includes the County Packet Page Number 144 of 260 Road D reconstruction. He also explained to the new commission members the drawbacks of each of the options discussed in previous months, such as mail boxes being moved, trees, landscaping, and general disruption of their properties. Commissioner Peterson referred to the nature preserve on the north side of the Joy Road, and discussion of having a trail there. Open Space Coordinator Gaynor said when the Master Plan for Joy Park was developed it was difficult to develop because of all the issues with this park. They were very clear in the Master Plan that they would have no paved trails on the north side of the road. She said they would like to respect that decision. Chair Fischer said he had walked through the area in discussion and it was very rough, wooded, and had steep inclines. Commissioner Roman also had walked through part of the area and he agreed that it would not be environmentally friendly, and also cited safety concerns. Commissioner Fischer said they should focus on the Joy Park link first and then with County Road D versus Lydia Avenue. Commissioner Brannon suggested they have a vote or show of hands about the segment continuing through the north of Joy Park. The consensus was that they would drop the option through Joy Park. The other options remaining were County Road D versus the Lydia Avenue option. Staff Director Konewko stated the other two options are County Road D east to Bellaire Avenue going south, or south on McKnight Avenue joining with Lydia Avenue, east on Lydia Avenue and connecting with the trail already constructed. He said they have had meetings with Lydia Avenue residents and the people that live in the Bellaire Avenue and Lake Street area were also included in that distribution list. He said staff is looking for direction so they can work with John Horn to finish this project. Commissioner Sonnek asked if they could have an itemized list and a summary prepared of directly impacted resident numbers for each plan, and Commissioner Brannon said he would also like to see a summary of this project so they can come to a decision. Commissioner Peterson would also like to see a list of safety concerns for each option. Chair Fischer then asked neighbors to add or comment on the discussion Lori Johnson, resident on Lydia Avenue, spoke about the importance of the natural area on the north side of Joy Park. She said it is an area that the neighborhood uses frequently, and it was a much appreciated area. Judy and Ken Murray, 3060 Lake St., Maplewood. Mr. Murray said a north of Joy Park plan was defeated in 2004. He said one of the problems is police do not patrol the area; if someone would get hurt, it is difficult to get back into that space. Terry Dunkle said he lives on the west side of Silver Lake on Lake Blvd., North St. Paul. He said they have been residents since 1983. He was concerned about possible development of that area because of the wild and natural area. He came tonight to speak against any kind of development or change to what is there. Richard and Lori Roth, Woodlyn Avenue, off Bellaire Avenue, Maplewood. Mr. Roth said they live across from where the trail may run. He said he has lived in Maplewood since 1972, and that area in Joy Park has always been preserved, and a blacktop trail would ruin the area. He also felt the County Road D alignment is narrow between the road and the fence, leaving little room for a trail. Packet Page Number 145 of 260 Dave Johnson, 2587 Lydia Avenue, Maplewood. He wanted to thank the commission, city staff and staff member Ginny Gaynor for her important role in the Master Plan. He thought it was well thought out when it was determined that a paved pathway in the north of Joy Park was not a viable option. They were not happy with the trail in front of their home; however they would rather have it one way rather than surrounded on two sides. Packet Page Number 146 of 260 CITY OF MAPLEWOOD PARKS AND RECREATION COMMISSION March 18, 2009 7:00 p.m. COUNCIL CHAMBERS — MAPLEWOOD CITY HALL 1830 COUNTY ROAD B EAST PUBLIC COMMENTS ON LAKE LINKS TRAIL Chair Fischer said the discussion would focus on the final link of the Lake Links Trail. John Horn was present from Kimley -Horn Associates. He said his firm has been working with city staff concerning the Lake Links Trail during the last several months. He would present a brief overview focusing on the two alignments the Parks and Recreation Commission wanted to discuss. He said a number of segments of the trail have been built; a portion of the trail adjacent to White Bear Avenue will be built; and they would focus on McKnight Road and Bellaire Avenue tonight. Of the three possible alignments: Lydia Avenue, County Road D, and an option going through a number of power lines, the third alignment had been abandoned. The alignment along Lydia Avenue would connect into the existing trail through the Bruentrip Farm property and connect with McKnight Road and Gall Avenue. Crossing McKnight Road, it would travel on the east side of McKnight Road to the south side of Lydia Avenue, connecting to the existing trail along Lydia Avenue.. The County Road D option would cross McKnight Road, extend north along the east side of McKnight Road to the north side of County Road D and along the east side of Bellaire Avenue to connect with the existing trail built as part of the Joy Park project. Currently the city is planning a curb and gutter redevelopment of County Road D this current year, and the project could be incorporated into the roadway construction project. The estimated cost of the Lydia Avenue option (3800 feet) is $230,000. The estimated cost for the County Road D (4200 feet) is $260,000. There could be additional costs of $25,000 to $50,000 to prepare for roadway construction on County Road D. Mr. Horn then summarized the pros and cons of each option. The Commission then had a question and answer period in which Mr. Horn attempted to answer questions. PUBLIC COMMENTS: Fran Rongstad, 2357 E. Maple Lane, Maplewood, was in favor of the trail going along Lydia Avenue. Bud Berry, 2906 Mary Lane, Maplewood, was in favor of the County Road D option. Janet Mercer, 3029 Standridge Place, Maplewood, was against the McKnight Road /Lydia Avenue option. Sandy Letourneau, 3044 Bellaire Avenue, Maplewood, was against the trail going on Bellaire Avenue. She asked about the possibility of the trail running along the west side of McKnight Road. Bill Schweigert, 3051 Bellaire Avenue, Maplewood, stated that since Lydia Avenue is an extra wide street it should be considered as the number one option; he felt that it was also safer along Lydia Avenue. Art Strobel, 3036 Bellaire Avenue, Maplewood, asked if it was feasible to have the trail on County Road D going through the north area of Joy Park. Gary (last name ?), 3037 Standridge Place, Maplewood, was concerned about McKnight Road and the pond in that area; it would be a safety issue because the area is not fenced. Ann Grevell, 3030 Lake St., Maplewood, believed that Lydia Avenue would be the best route for the trail and was also more cost effective. Packet Page Number 147 of 260 Louis Rovleson, (sp ?) 2424 Lydia Avenue, Maplewood, was concerned about the trail going on the south side of Lydia Avenue. He asked about the trail going up the north side of Lydia Avenue. Mr. Barry, 2995 Bartelmy Lane, Maplewood, believed there was enough room on Lydia Avenue itself for a bike path on the street, and he also thought they could consider the north side of Lydia Avenue. Mr. Sully, (sp ?) 3028 Bellaire Avenue, Maplewood, was absolutely opposed to the trail going down Bellaire Avenue. He also asked about running the trail up the north side of Lydia Avenue. Jim Henk, 3035 Bellaire Avenue, Maplewood was in favor of the trail going along Lydia Avenue. Tony McEnroth, 3012 Bellaire Avenue, Maplewood, was opposed to the trail going down Bellaire Avenue. (name ?) Resident of 3015 Bellaire Avenue. Maplewood, could not understand the feasibility of a trail on County Road D. He also asked about using one lane of traffic for a bike /walking trail on Lydia Avenue. Carole Mason Sherrill, Chair of the Environmental and Natural Resources Commission of Maplewood was concerned about the trails in Maplewood and throughout the metropolitan area being pleasant to look at and to walk /bike on. Richard Roth, 2520 Woodlynn Avenue, Maplewood, was in favor of the Lydia Avenue route. Rick Rada (sp ?), 3009 Standridge Place, Maplewood, was in favor of the County Road D /Bellaire Avenue option. Chair Fischer said he has a personal preference for Lydia Avenue, rather than County Road D. Commissioner Brannon thought there were challenges with either option; he thought the best route was Lydia Avenue. Commissioner Roman preferred the Lydia Avenue route. Commissioner Maas said he agreed with the comments about landscaping along the trail, and making biking /walking /driving spaces more aesthetically pleasing. He was in favor of the Lydia Avenue route. Commissioner Christianson thought 12 feet was too wide for a trail. He said there was more open space along County Road D, and that trees could be planted along road. He said if the trail goes on Lydia Avenue, it should be an eight foot trail, with buffers between the curb and the trail. Commissioner Mackey said she could visualize both options for the trail, however tended to be more practical and liked the least expensive option, which was Lydia Avenue. She was in favor of trees and shrubs as buffers. Commissioner Sonnek preferred the Lydia Avenue alignment. She also asked whether the trail could run along the north side of Lydia Avenue. Community Development and Parks Director Konewko stated they would move forward with plans for an eight foot trail and three to four feet of green space. Commissioner Mackey stated wide trails were great, however not at the expense of a buffer. He asked about natural landscaping which could be self - maintained. He also asked about the trail going on the west side of McKnight Road, Chair Fischer summarized all the comments and stated the decision has been made to build the trail along McKnight Road to Lydia Avenue. It would be an eight to nine foot trail with three feet of a grassy or natural area as a buffer. Packet Page Number 148 of 260 Chair Fischer made a motion to move forward with continuing the Lake Links Trail down the east side of McKnight Road to Lydia Avenue, crossing Lydia Avenue and continuing down the south side of Lydia Avenue. The trail would be nine feet wide with a buffer of three feet between the curb and the trail which will be non - asphalt, with and screening problems addressed. Commissioner Brannon made a motion to approve the motion, with Commissioner Christianson seconding the motion. The motion carried by a vote of seven to one, with one commissioner voting against. Packet Page Number 149 of 260 Agenda Item L3 MEMORANDUM TO: James Antonen, City Manager FROM: Michael Martin, AICP, Planner SUBJECT: 2030 Comprehensive Plan Update Review DATE: April 30, 2009 IL III I :IQ 111L911IQL1I On December 8, 2008, the city council approved the draft 2030 Comprehensive Plan update for distribution. This action was the first step in moving the document forward to ultimate adoption and therefore, to become the policy direction of the city over the next ten years. The document had been distributed to Maplewood's neighboring and partnering agencies. The draft plan was also reviewed again by each of the city's boards and commissions to ensure that the information in the document accurately reflects the goals and objectives of the community moving forward. Each of the agencies and commissions have reviewed the draft comprehensive plan and provided comments, which are outlined in this report. The next step in the process is for the city council to approve the draft 2030 Comprehensive Plan. Upon approval, the document will be submitted to the Metropolitan Council for official review. The city council is free to make revisions to the document during this time and up to final adoption of the plan, which occurs after the Metropolitan Council provides its comments to the city. BACKGROUND Boards and Commissions Review The Comprehensive Plan Update process was structured to allow each commission to comment and develop the chapter that most directly related to the responsibilities of that commission. The Planning Commission was an exception because the Commission is responsible for the document in its entirety. As a result, the council wanted to provide the opportunity to each commission, ending with the Planning Commission to revisit the plan. Part of the reason for revisiting the other city commissions was to give them the opportunity to review the document in full so they could understand how the chapter they worked on through the process fit into the larger document. The following schedule and meetings were attended, and a summary of any significant recommendations the body had is provided for your reference /review: Community Desiqn Review Board (CDRB) January 13, 2009 The CDRB was responsible for reviewing Chapter 3 Sustainability and any other aspects of the document that related sustainability and design standards. At the meeting, the board recommended some minor changes that were not substantive and overall felt comfortable with the document. Staff has made the minor changes to chapter three based on the recommendations. Packet Page Number 150 of 260 Housing and Redevelopment Authority (HRA) January 14, 2009 The HRA was responsible for reviewing and drafting Chapter 4 Housing and other aspects of the document related to housing. The HRA recommended that staff add in a few statements to address small business owners and home occupation opportunities in the community, as well as the inclusion of some discussion about mixed -use opportunities in the city. Staff has added these items. In addition, the HRA had some minor grammatical changes that staff will address administratively. Parks Commission — January 28, 2009 The Parks Commission was responsible for reviewing and drafting Chapter 6 Parks, Trails and Open Space. The Commission also reviewed the information in Chapter 7 Natural Resources with an emphasis on how the two chapters work together. The Parks Commission did not have any additional recommendations and was comfortable with the chapter. Historic Preservation Commission (HPC) January 29, 2009 and March 19, 2009 The HPC was responsible for reviewing and drafting Chapter 9 Historical Resources. The HPC made recommendations with respect to clarifying roles and responsibilities identified in the Historic Preservation Plan, staff has made the applicable changes to make this section more clear. Additionally, the HPC set its 2009 goals at its March meeting and suggested a few revisions and additions to Chapter 9. Staff has made those changes. Environmental Natural Resources Commission (ENR) February 18, 2009: The ENR was responsible for reviewing and drafting Chapter 7 Natural Resources. The Commission also had the opportunity to review Chapter 6 Parks, Trails, and Open Space because the two chapters were so closely related. The ENR did not have any significant changes or recommendations and made only grammatical or small changes. Staff has taken care of those changes administratively. Planning Commission March 17, 2009: The Planning Commission was responsible for the document in its entirety but had specific responsibility for the Land Use Chapter (Chapter 5). The Planning Commission reviewed the entire document at its March 17, 2009 meeting. Questions were asked in regards to the review process but no changes were recommended. Adiacent and Partnerina Aaencv Review As required by the Metropolitan Council, the City of Maplewood submitted its draft plan to each of the neighboring and partnering agencies for review. City staff worked with the agencies throughout the comprehensive planning process to ensure compatibility in Maplewood's plan and other communities' plans. City staff held an open house where other agencies were invited to provide staff with any comments or concerns related to the plan. Staff also attended similar meeting for other agencies throughout the process. Maplewood worked with the cities of Oakdale and Woodbury on specific areas to plan appropriately for the future along the common municipal borders. Aaencies orovidina no comment The following agencies waved the opportunity to provide Maplewood with any comment: White Bear Township, Independent School District Number 622, East Metro Integration Packet Page Number 151 of 260 District 6067, Minnesota Department of Transportation, and the cities of North Saint Paul, Roseville and Newport. Citv of Saint Paul Saint Paul's comments were limited to the Housing chapter (4) and mainly provided suggestions for the goals section. Saint Paul staff stated they did not have any comments on the rest of the plan and commented that they felt that the Housing Action Plan was well done. Citv of White Bear Lake White Bear Lake staff pointed out a few minor typos within the Land Use chapter (5) which staff has addressed. Countv of Washinaton Washington County staff commented that chapter five provides a detailed approach to land use planning. The county requested to be included in the planning for the turnback of Trunk Highway 120 and the potential extension to Century Avenue. Capitol Region Watershed Mark Doneaux, administrator, stated in a letter that "Staff and the Managers have reviewed the document and find it to be consistent with the Capitol Region Watershed District's 2000 Watershed Management Plan. CRWD commends the City of Maplewood for incorporating many aspects of sustainability, ecological health, natural resource conservation, and water resource protection throughout the Plan." County of Ramsey Ramsey County staff provided several suggestions for wording changes or revisions in the Parks, Trails and Open Space, Natural Resources, Transportation and Surface Water chapters. Staff has reviewed the suggestions and made changes where appropriate. None of the suggestions were changes in policy direction. Independent School District Number 623 ISD No. 623 staff suggested including language discussing trails to schools in chapters 6 and 8. Staff has addressed those suggestions where appropriate. City of Little Canada Little Canada staff indicated that there are no issues affecting the city. Little Canada requested continued coordination between the two cities as the plans are implemented. City of Oakdale Oakdale staff's letter noted appreciation for the City of Maplewood reguiding the area near Tanner's Lake from Industrial to Commercial. This land use change is consistent with the redevelopment plans Oakdale is pursuing on its side of the municipal border. Packet Page Number 152 of 260 Citv of Woodbu Woodbury staff communicated its desire to work with the cities of Newport and Maplewood to jointly plan the vicinity where the three cities' borders meet. This effort would include jointly planning for land use, utility service and roadways. Ramsey- Washington Metro Watershed District The watershed commented that they felt the plan is impressive in that it focuses so much on sustainability and protection of the natural environment. The watershed also indicated that it will be sending comments on the surface water management plan separately, since that plan is on a different approvals process. Valley Branch Watershed District The watershed determined Maplewood's plan to be consistent with its management plan. The watershed provided suggestions for language changes in the land use chapter's goals section. Staff has addressed those suggestions and made changes where appropriate and consistent with the plan. City of Vadnais Heights Vadnais Heights staff indicated that there are no issues affecting the city. Continued coordination between the two cities as the plans are implemented was requested. DISCUSSION The biggest change to the entire document is the focus on sustainability and natural resources as a common thread throughout all of the chapters. The document includes a sustainability and natural resources chapter that are new to this update and introduce a green emphasis for development and redevelopment moving forward. Specific changes to the Land Use chapter included the revision of the Land Use classifications that will help solve some of the current land use and zoning issues. Additionally, special areas were planned for including South Maplewood, the highway business districts along Highways 36 and 61, and the Gladstone area. NEXT STEPS Once the plan is submitted, the Metropolitan Council can take up to 120 days to complete its review. The Metropolitan Council may request to extend the review period another 120 days, but only if Maplewood agrees to the extension. Once the Metropolitan Council submits its comments to the City of Maplewood, staff will bring the document back to the city council for official adoption. As required by Metropolitan Council, the City of Maplewood has nine months after final adoption of the comprehensive plan to update its official controls to ensure compliance. Staff has started the process of outlining what changes and updates need to be made to ensure compliance. At a future meeting, staff will present a report outlining a work program to bring the city's official controls into compliance with the comprehensive plan and to implement the policy directives set by the plan. Packet Page Number 153 of 260 RECOMMENDATION Staff is requesting the city council review the draft plan and move to submit the update to the Metropolitan Council. P:comp plan \CompPlanSubmittal_051109 Attachments: 1. Draft 2030 Comprehensive Plan (Separate Attachment: CD) Packet Page Number 154 of 260 Agenda L4 AGENDA REPORT TO: James Antonen, City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: May 5, 2009 SUBJECT: Temporary Gambling Permit Resolution for White Bear Avenue Business Association Introduction An application has been submitted for a temporary gambling permit by Leslie Nelson on behalf of White Bear Avenue Business Association, PO Box 9328, North St. Paul. The permit is for the Ramsey County Fair. The event will be held at the Ramsey County Fair Grounds from July 8 through July 9, 2009 from 5:00 p.m. to 10:00 p.m. and July 10 through July 12, 2009 from 3 p.m. to 11 P.M. In order for the State of Minnesota to issue a temporary gambling permit, 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 White Bear Avenue Business Association, PO Box 9328. North St. Paul, MN 55109 to be used on July 8, 2009 through July 12, 2009 at Ramsey County Fair Grounds, 2020 White Bear Avenue, Maplewood MN 55109. 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. Recommendation It is recommended that the Council approve the above resolution for a temporary gambling permit for White Bear Avenue Business Association. Packet Page Number 155 of 260 Agenda Item L5 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Consider Resolution Authorizing Preparation of Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (N.St. Paul Rd to McKnight) and Stanich - Highlands Area Streets DATE: May 5, 2009 INTRODUCTION /SU M MARY The engineering and finance staff have been reviewing the proposed projects for 2009 to 2014. One of our recent initiatives that the City Council has endorsed is an advanced program for street reconstruction to take advantage of recent very low bid prices, consultant availability and low bond rates. We have available capacity and believe that we could save the City in excess of $500,000 if we proceed with a project at this time. Our proposal is to advance two projects that were originally planned for 2010 and bring on a consultant from our pool to implement these projects during the summer and fall of 2009. With an advancement of this project and our current plan for projects, we see that with the conclusion of the 2013 projects, we would decrease our streets reconstruction program by 50% beginning in 2014. By making this decision now, we can make appropriate staffing plans in the next couple of years. The projects that we propose to advance are in the central part of Maplewood and involve a joint project with North St. Paul that they have been requesting that we move forward as quickly as possible. The two projects are: Holloway Avenue, NStP Rd — McKnight $1,050,000 Stanich Highlands Neighborhood Streets $2,120,000 2009 — 2013 CIP Estimated Costs $3,170,000 -- Estimated Cost Savings with Advancement ($ 550.000) Likely 2009 Costs $2,615,000 • - our current bond rate is also reduced by 0.38 - 0.50 %. It is likely that we can save an additional $175,000 to $200,000 in bond costs by advancing this work to 2009 due to the current low bond rates, which we are not likely to continue into 2010 or 2011. Our proposed schedule for these projects, assuming your approval, is: Proposal to City Council - Resolution Authorizing Prel Rpt Preliminary Report Approved and call Pub Hrg - Resolution Authorizing Plans and Specs Public Hearing Plan and Specification Approval Bid Opening Contract Award Assessment Hearing Construction Start Major Construction Construction Completed May 11, 2009 June 8, 2009 June 22, 2009 July 13, 2009 August 5, 2009 August 10, 2009 August 10, 2009 August 24, 2009 Sept — Nov, 2009 July 2010 Packet Page Number 156 of 260 PROJECT ADVANCEMENT PAGE TWO DISCUSSION We are confident that with an early August 2009 bid opening that prices from contractors will remain at very low and favorable levels. MnDOT recently began opening bids for projects and are reporting costs in the 81 -87% level with bituminous projects at extremely low levels and concrete projects at higher level. Our projects are a majority bituminous and we have reports from Anoka, Roseville, and Woodbury, who recently opened bids that bids at 75% of the prices from 2008 are still available and should be available into summer 2009. MnDOT and the Metropolitan Council are providing funds [ARRA or stimulus grants] for projects that will be bid in September through November 2009. We anticipate that the flow of those funds will begin to push prices back to pre- recession levels and thus, the advantages of advancing projects will not be realized. We also have very favorable interest rates on the recent bond sales. As the economy rebounds, this rate is also not likely to continue. By authorizing this resolution, the City Council is not formally committing to the project construction in 2009. Preliminary work will be completed; however, if bids are opened in August 2009, that do not reflect the savings, the project can be delayed to 2010 or beyond when better or equal bidding conditions exist. The preliminary work will not be wasted, as this is necessary for the project to be constructed at anytime and would be good for a period of up to 5 years. The impact on the levy for debt service would be unchanged from a bond sale in 2010 for these projects, as the payment schedule would be adjusted to reflect savings for 2009, but principal payments as if the project was constructed and bonded in 2010. Similar impacts for our residents would be that the street got done one year early, while their assessments would be proposed for a similar period as if the amount was levied in 2010. The cost of this preliminary work is estimated at $150,000. RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing preparation of a Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (N.St. Paul Rd to McKnight) and Stanich - Highlands Area Streets Attachments: 1. Resolution 2. CIP Forms on Projects Packet Page Number 157 of 260 RESOLUTION C.1V91:1 V1► Cella : O W- A:I% Ile] ► to] grGlIIIATAW114111Vd& % to] U WHEREAS, it is proposed to make improvements to the Holloway Avenue as a joint project with North St. Paul between North St. Paul Road and McKnight Road and to the Stanich - Highland Neighborhood Area Streets, City Project 09 -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, 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 amount of $150,000 are appropriated to prepare this feasibility report. Approved this 11 day of May 2009 Packet Page Number 158 of 260 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2010-2014 PROJECT TITLE: Stanich Highlands Area Street Improvements TOTAL COST: $2,120,000 _..._. PROJECT NUMBER: PW 07.070 PROJECT CATEGORY: Public Works — _... DESCRIPTION: Neighborhood area street reconstruction JUSTIFICATION: Several local streets south of North St. Paul Road are in poor condition and in need of improvements. Some of the streets in this area do not have concrete curb and are in need of full reconstruction. The remaining streets have curb and would only require pavement replacement. Other improvements would include storm sewer upgrades, rainwater gardens, some sanitary sewer main and service repairs along with water main and service improvements. Streets included in this program are Stanich PI., Hazel St., Ruth St., Price Ave., Kingston Ave., and Ripley Ave. 1.2 miles of street, Average PCI: 461100 PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source PriorYears -2010 ''2011 "2012 "'2013 2014 Funding Tatar Bonds -G.O. Improvement 200,000 936,300 0 0 0 0 1,136,300 Bonds - Special Assessment 0 636,000 0 0 0 0 636,000 Sanitary Sewer Fund 0 108,000 0 0 0 0 108,000 St. Paul Water 0 42,400 0 0 0 0 42,400 Environmental Utility Fund 0 152,000 0 0 0 0 152,000 St. Paul W.A.C. Fund 0 45,300 0 0 0 0 45,300 PROJECT COSTS PROJECT STARTING DATE: April 2009 Preliminaries: $200,000 Land Acquisition: $0 PROJECT COMPLETION DATE: October 2010 Construction: $1,920,000 Equipment and Other: $0 Project Costs: $2,120,000 NEIGHBORHOOD: 08 - Hillside raUNcL rayc ivui i iuci 159 of 260 CITY OF MAPLEWOOD CAPITAL IMPROVEMENT PLAN 2010-2014 PROJECT TITLE: Holloway Avenue, N. St. Paul Road to McKnight , TOTAL COST: $1,100,000 PROJECT NUMBER: PW06.110 PROJECT CATEGORY: Public Works DESCRIPTION: Replacement of pavement on major area roadway JUSTIFICATION: Holloway Road was turned back by Ramsey County to the cities of Maplewood and North St. Paul in 2004. Ramsey County has agreed to provide the funding towards a future project equivalent to the funds they would have expended towards rehabilitating the pavement. This segment of road serves an important segment to both the communities of Maplewood and North St. Paul by providing access between White Bear Ave. and McKnight Rd. Half of the segment is in bad condition and is in need of a major reconstruction. The other half is in good shape and warrants only an overlay. This project would require a joint powers agreement with North St. Paul. This project has been delayed from 2009 to 2010 due to a lack of funding. 0.5 miles of street, Average PCI: 351100 in reconstruct area, 821100 in overlay area. PROJECT COSTS AND FUNDING SOURCES BY YEARS: Funding Source 'Prior Years r 2010 ' 2011 2012 '. 2013 1 2014 - r` Funding Total'. Bonds - M.S.A. 50,000 359,000 0 0 0 0 409,000 Bonds - Special Assessment 0 212,000 0 0 0 0 212,000 Sanitary Sewer Fund 0 23,000 0 0 0 0 23,000 North St. Paul 0 350,000 0 0 0 0 350,000 Ramsey County 0 56,000 0 0 0 0 56,000 PROJECT COSTS PROJECT STARTING DATE: July 2009 Preliminaries: $50,000 Land Acquisition: $0 PROJECT COMPLETION DATE: October 2010 Construction: $1,050,000 Eq and Other: $0 NEIGHBORHOOD: 08 - Hillside Project Costs: $1,100,000 raUNcL ragc ivui i iuci 160 of 260 Agenda Item L6 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Approval of ROW Concept, White Bear Avenue Improvements City Project 08 -13 DATE: May 4, 2009 INTRODUCTION The council will consider approving the right -of -way plan for the White Bear Avenue improvement project which generally consists of White Bear Avenue from County Road D to Radatz Avenue, and County Road D from Southlawn Drive to White Bear Avenue. BACKGROUND / DISCUSSION On December 15, 2008, the Maplewood City Council held a public hearing and authorized the preparation of final plans and specifications for the White Bear Avenue Improvements, Maplewood City Project 08 -13, and Ramsey County Project P -3202. The project includes the reconstruction of White Bear Avenue between County Road D and Radatz Avenue, and County Road D from Southlawn Drive to White Bear Avenue. The proposed improvements are being initiated in cooperation with Ramsey County. The project includes the following: • Reconstruction and widening of approximately 3,600 feet of White Bear Avenue from north of County Road D to north of Radatz Avenue. White Bear Avenue will be widened from 4 -lanes to 6- lanes. • Reconstruction of approximately 2,500 feet of County Road D between White Bear Avenue and Southlawn Drive. County Road D will be reconstructed to a 4 -lane divided section. • Traffic signal replacement and the construction of turn lane improvements at the intersections of White Bear Avenue and County Road D, Woodlyn Avenue, Lydia Avenue, and Beam Avenue. • New traffic signal construction on County Road D at the Southlawn Drive and Maplewood Mall entrance roadway intersections. • Storm sewer improvements along the segments of White Bear Avenue and County Road D that are being reconstructed. • Water main and sanitary sewer improvements along the segments of White Bear Avenue and County Road D that are being reconstructed. This includes minor repair work for the sanitary sewer and the complete replacement of the water main along White Bear Avenue. The project requires the acquisition of permanent and /or temporary easements from numerous parcels along White Bear Avenue and County Road D. Ramsey County is responsible for all of the required easement acquisition. The acquisition process has already been initiated by the County with the goal of having all necessary acquisitions complete by February 2010. Ramsey County will begin offers in the coming weeks. Packet Page Number 161 of 260 Agenda Item L6 A Right -of -Way Plan has been prepared detailing the permanent and temporary easements that are required for the project. The complete Right -of -Way Plan is available at the office of the City Engineer. As discussed with the Planning Commission at the April 21, 2009 meeting, some of the required permanent easement acquisitions will result in City Code lot size or setback violations. Maplewood Code (Section 44 -14: Reductions in lot sizes through street widening by condemning authorities; adjustments to lot size requirements of chapter) states that individual variances for these properties are not required since a governing authority is the originator of the expansion of the right -of -way. The City Attorney has also confirmed that any property owner affected by the roadway expansion is exempt from meeting requirements that were not required prior to the action. Although individual variances are not necessary to address impacts to properties along White Bear Avenue, staff brought the plan to the Planning Commission on May 5, 2009 to review the proposed Right -of -Way Plan and provide a recommendation to the City Council to approve the proposed Right -of- Way Plan. Also, staff brought the property impact issue to the Planning Commission previously on April 21, 2009 in order to understand how best to proceed. It was decided that bringing the ROW Plan back to the Commission for review and recommendation was most appropriate. The Planning Commission recommendation and ultimately the City Council approval of the Right -of- Way Plan will help alleviate concerns raised by property owners along the corridor regarding the impacts of the project on the existing and future uses of their properties. The official ROW Plan shows the existing ROW line in addition to the proposed permanent easement impacts. Adoption of the ROW Plan will allow for memorializing an action by the City in regards to this specific project and will again provide assurance to property owners that they are covered under City Code 44 -14 in regards to the roadway expansion. PERMANENT EASEMENT ACQUISITION REQUIREMENTS AND PARCEL IMPACTS There are a total of 31 properties that will be affected with permanent easement acquisition. The following is a listing of the required permanent easement acquisition for the project, including a summary of any resulting impacts to the individual properties. Parcel 1 (Page 17 of 43) Property Owner: International Brass Lessee: Buck's Unpainted Furniture Permanent Easement Acquisition Area: 4,529 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 14 foot strip taking along the entire White Bear Avenue frontage. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 2 trees from the property. Parcel 2 (Page 17 of 43) Property Owner: Edward and Julie Flaherty Lessee: Valvoline /Toyriffic Permanent Easement Acquisition Area: 1,400 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 14 foot strip taking along the entire White Bear Avenue frontage. This permanent easement does not create any setback Packet Page Number 162 of 260 Agenda Item L6 issues for the existing building; however, the existing parking lot will be as close as 3 feet from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 2 trees from the property. Parcel 3 (Page 17 and 18 of 43) Property Owner: Beam N Bear Lessee: Noodles and Company Permanent Easement Acquisition Area: 1,261 SF Description of Acquisition and Impacts: Permanent easement acquisition includes an 18 foot strip taking along the entire White Bear Avenue frontage. This permanent easement does not create any setback issues for the existing building or parking lot. Parcel 4 (Page 18 of 43) Property Owner: General Mills Restaurant Inc. Lessee: Red Lobster Permanent Easement Acquisition Area: 2,472 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a corner clip at the southeast corner of the property along with an 8 foot strip taking along White Bear Avenue for the entire frontage. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 7 feet from the proposed permanent easement line. Parcel 5 (Page 18 of 43) Property Owner: Norwest Properties Inc. Lessee: Wells Fargo Permanent Easement Acquisition Area: 897 SF Description of Acquisition and Impacts: Permanent easement acquisition includes an 8 foot strip taking along the southerly 112 feet of the White Bear Avenue frontage. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 11 feet from the proposed permanent easement line. Parcel 6 (Page 18 and 19 of 43) Property Owner: Maplewood Mall Association Lessee: Maplewood Mall Permanent Easement Acquisition Area: 1,521 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 20 foot strip taking along White Bear Avenue at the middle mall entrance. This permanent easement does not create any setback issues for the existing buildings or parking lot. The proposed improvements will result in the need to remove up to 1 tree from the property. Parcel 8 (Page 19 of 43) Property Owner: Lessee: Permanent Easement Acquisition Area: Corporate Real Estate Manager TCF Bank 1,014 SF Packet Page Number 163 of 260 Agenda Item L6 Description of Acquisition and Impacts: Permanent easement acquisition includes a corner clip at the northeast corner of the property. This acquisition will result in the loss of 3 parking spaces from the existing TCF parking lot, with 39 parking spaces remaining. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need to remove some landscape planting areas from the property. Parcel 9 (Page 19 and 20 of 43) Property Owner: Maplewood Square Associates Lessee: Strip Mall Permanent Easement Acquisition Area: 5,755 SF Description of Acquisition and Impacts: Permanent easement acquisition includes corner clips at the southeast and northeast corners of the property as well as a strip taking along White Bear Avenue that varies between 4 feet and 10 feet in width. This acquisition will result in the loss of 3 parking spaces from the existing strip mall parking lot, with 235 parking spaces remaining. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 4 trees from the property. Parcel 10 (Page 20 and 25 of 43) Property Owner: May Department Stores Lessee: Macy's Permanent Easement Acquisition Area: 3,275 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 28 foot strip taking along White Bear Avenue at the mall entrance. This permanent easement does not create any setback issues for the existing building or parking lot. The proposed improvements will result in the need to remove up to 10 trees from the property. Parcel 11 (Page 20 of 43) Property Owner: Lessee: Permanent Easement Acquisition Area: MHN Restaurant Partnership LLP Wedding Day Jewelers 3,737 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 15 foot strip taking along the entire White Bear Avenue frontage. The existing building will be as close as 25 feet from the proposed permanent easement line. The existing parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 4 trees from the property. Parcel 15 (Page 21 of 43) Property Owner: North Country Properties Inc. Lessee: Arby's Permanent Easement Acquisition Area: 6,955 SF Description of Acquisition and Impacts: Permanent easement acquisition will include a 16 foot strip taking along the entire White Bear Avenue frontage and a 19 foot strip taking along the entire County Packet Page Number 164 of 260 Agenda Item L6 Road D frontage. This acquisition will result in the loss of parking spaces from the existing Arby's parking lot. The existing parking lot includes 48 spaces. The proposed improvements will require the reconfiguration of the existing parking lot resulting in the loss of 6 to 10 parking spaces. The existing building will be as close as 19 feet from the proposed permanent easement line. The future parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 6 trees from the property. Parcel 17 (Page 25 of 43) Property Owner: Lloyd Draper Trustee Lessee: Circuit City Permanent Easement Acquisition Area: 2,280 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 7 foot strip taking along the entire County Road D frontage. The existing building will be as close as 24 feet from the proposed permanent easement line. The proposed permanent easement does not create any setback issues for the existing parking lot. The proposed improvements will result in the need to remove up to 1 tree from the property. Parcel 18 (Page 25 of 43) Property Owner: Lessee: Maplewood Commons LLC Strip Mall Permanent Easement Acquisition Area: 1,897 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 7 foot strip taking along the entire County Road D frontage. The existing building will be as close as 25 feet from the proposed permanent easement line. The existing parking lot will be as close as 10 feet from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 3 trees from the property. Parcel 19 (Page 24 and 25 of 43) Property Owner: TRU 2005 RE I LLC Lessee: Toy's R Us Permanent Easement Acquisition Area: 2,660 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 7 foot strip taking along the entire County Road D frontage. The existing building will be as close as 28 feet from the proposed permanent easement line. The permanent easement does not create any setback issues for the existing parking lot. The proposed improvements will result in the need to remove up to 10 trees from the property. Parcel 23 (Page 23 of 43) Property Owner: Larson Enterprises Lessee: Slumberland Permanent Easement Acquisition Area: 2,146 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 5 foot strip taking along the entire County Road D frontage. This permanent easement does not create any setback issues for the existing building. The proposed permanent easement line will be as close as 3 feet from the existing parking lot. The proposed improvements will result in the need to remove up to 6 trees from the property. Packet Page Number 165 of 260 Agenda Item L6 Parcel 25 (Page 25 of 43) Property Owner: WFW LLC Lessee: Aamco Permanent Easement Acquisition Area: 300 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. The existing building will be as close as 24 feet from the proposed permanent easement line. The permanent easement will be 3 feet from the proposed parking lot for this property. Parcel 26 (Page 25 of 43) Property Owner: TT Properties Lessee: Goodyear Permanent Easement Acquisition Area: 300 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. The existing building will be as close as 27 feet from the proposed permanent easement line. The permanent easement does not create any setback issues for the existing parking lot. Parcel 27 (Page 25 of 43) Property Owner: KC Propco LLC Lessee: Kindercare Permanent Easement Acquisition Area: 390 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 12 feet from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 1 tree from the property. Parcel 28 (Page 25 of 43) Property Owner: Tom Don RE Holdings Inc. Lessee: Tires Plus Permanent Easement Acquisition Area: 360 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. This permanent easement does not create any setback issues with the existing building however the existing parking lot will be 12 feet from the proposed permanent easement line. Parcel 29 (Page 25 of 43) Property Owner: Peter Houser Lessee: Midas Permanent Easement Acquisition Area: 300 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. The existing building will be as close as 27 feet from the Packet Page Number 166 of 260 Agenda Item L6 proposed permanent easement line. The permanent easement does not create any setback issues for the existing parking lot. Parcel 30 (Page 25 and 26 of 43) Property Owner: Commercial Net Lease Realty Lessee: Ziebart Permanent Easement Acquisition Area: 420 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. The existing building will be as close as 27 feet from the proposed permanent easement line. The permanent easement does not create any setback issues for the existing parking lot. Parcel 31 (Page 26 of 43) Property Owner: BFI Real Estate Holdings, LLC Lessee: Taco Bell Permanent Easement Acquisition Area: 435 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 3 foot strip taking along the entire County Road D frontage. The existing building will be as close as 20 feet from the proposed permanent easement line. The existing parking lot will be 10 feet from the proposed permanent easement line. The proposed improvements will result in the need for some tree and landscape planting removals. Parcel 32 (Page 21 and 26 of 43) Property Owner: Four Crown Inc. Lessee: Wendy's Permanent Easement Acquisition Area: 6,062 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 28 foot strip taking along the entire White Bear Avenue frontage and a 3 foot strip taking along the entire County Road D frontage. This acquisition will result in the loss of parking spaces from the existing Wendy's parking lot. The existing parking lot includes 52 parking spaces. The proposed improvements will require the reconfiguration of the existing parking lot resulting in the loss of 10 to 12 parking spaces. The permanent easement acquisition does not create any setback issues for the existing building; however, the future parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need for some tree and landscape planting removals. Parcel 35 (Page 17 and 18 of 43) Property Owner: Premier Bank Lessee: Premier Bank Permanent Easement Acquisition Area: 3,853 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a corner clip at the northwest corner of the property along with a 10 foot strip taking along White Bear Avenue for the entire frontage. This permanent easement does not create any setback issues for the existing building or parking lot. The proposed improvements will result in the need to remove up to 3 trees from the property. Packet Page Number 167 of 260 Agenda Item L6 Parcel 39 (Page 19 of 43) Property Owner: Lessee: Permanent Easement Acquisition Area: Forte LLC C/O Welsh Companies LLC Michael's 2,596 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 10 foot strip taking along the entire White Bear Avenue frontage. This permanent easement does not create any setback issues for the existing building or parking lot. Parcel 40 (Page 19 of 43) Property Owner: Rash Associates LP Lessee: Pier Permanent Easement Acquisition Area: 1,083 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a corner clip at the northwest corner of the property along with a 10 foot strip taking along White Bear Avenue for the entire frontage. This permanent easement does not create any setback issues for the existing building or parking lot. Parcel 41 (Page 19 and 20 of 43) Property Owner: Plaza 3000 Partnership Lessee: Plaza 3000 Permanent Easement Acquisition Area: 4,698 SF Description of Acquisition and Impacts: Permanent easement acquisition includes corner clips at the southwest and northwest corners of the property as well as an 11 foot strip taking along the northerly 305 feet of White Bear Avenue frontage. This permanent easement does not create any setback issues for the existing building; however, the existing parking lot will be as close as 1 foot from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 1 tree from the property. Parcel 42 (Page 20 of 43) Property Owner: Mogren Landscaping LLC Lessee: Denny's Permanent Easement Acquisition Area: 312 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a corner clip at the southwest corner of the property. This permanent easement does not create any setback issues for the existing building or parking lot. Parcel 46 (Page 21 and 27 of 43) Property Owner: Lessee: Permanent Easement Acquisition Area: Division 25 LLC C/O Welsh Companies Caribou 5,270 SF Description of Acquisition and Impacts: Permanent easement acquisition includes an 11 foot strip taking along the entire White Bear Avenue frontage and a 17 foot strip taking along the entire County Road D frontage. This acquisition will result in the loss of parking spaces from the existing parking lot. The existing parking lot includes 48 parking spaces. The proposed improvements will require the Packet Page Number 168 of 260 Agenda Item L6 reconfiguration of the existing parking lot resulting in the loss of 6 to 8 parking spaces. The permanent easement acquisition does not create any setback issues for the existing building; however, the future parking lot will be as close as 1 foot from the proposed permanent easement line. Parcel 47 (Page 27 of 43) Property Owner: RDL Family Limited Partnership Lessee: Auto Strip Mall Permanent Easement Acquisition Area: 2,102 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a 15 foot strip taking along the entire County Road D frontage. The existing building is currently 27 feet from the existing right of way line and will be 12 feet from the proposed permanent easement line. In addition, the existing parking lot will be 3 feet from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 1 tree from the property. Parcel 48 (Page 21 and 27 of 43) Property Owner: Zephyr Group, LLP Lessee: BP /Amoco Permanent Easement Acquisition Area: 1,564 SF Description of Acquisition and Impacts: Permanent easement acquisition includes a corner clip at the southwest corner of the property along with a 5 foot strip taking along County Road D for the entire frontage. This permanent easement does not create any setback issues with the existing building however the existing pump island canopy and pavement on the site will be as close as 6 feet from the proposed permanent easement line. The proposed improvements will result in the need to remove up to 4 trees from the property. RECOMMENDATION It is recommended that the City Council approve of the Right -of -Way Plan for the White Bear Avenue Improvements, City Project 08 -13, through adoption of the attached resolution. Attachments: 1. Resolution Packet Page Number 169 of 260 Agenda Item L6 Attachment 1 RESOLUTION APPROVING RIGHT -OF -WAY PLAN WHEREAS, the consultant representing the City of Maplewood and Ramsey County has prepared a Right -of -Way Plan for the White Bear Avenue Improvements, City Project 08 -13, which generally consists of White Bear Avenue from County Road D to Radatz Avenue, and County Road D from Southlawn Drive to White Bear Avenue. WHEREAS, Maplewood City Code 44 -14 applies to this road widening project and states: acc, 44 14, RY dae.iant:� = €ai th,,u'h +ire<.<uidt-.Anr 4# ; n0'j tm "m to !ra Ms � o' chap {ar, ::4 is s,rrl ix' at..rz:tyh;.t .kt$: ra •.•ra•.ia*.; ud .I la•ir�nr .. =.tuz. taxi : -..ut:x: = =x 0 :"at='Ww'b.! kM..m 0'. 0s >7 t; ry.i�m]£t sx.. r.ra�;i Ca4 at �:..clero - taGast Lehr 6' k1 t ,t.t rt this L � : r,I ..: �d:aa.^� e aI xr rt;'y:!1 a�. at tC: r% • � h et- t.d ?n„ ��.!uu fists ht L1 3 ?a..wa, +is•vtsA'. ro!atiumn ss .h.it:tnr �: ..r e., deb .:orJ: - :cart= .;xa!! r. t; e +;cats sasbu-::ai ?s �.h th... eir�, r a ,. i=) M!'�flw� a-rtaaar ., ra.ea and. �.tsoos Such -afld and ea 7a ar itn its aeau.tn or n 3 tia:k Ir t -e .aid t tb:. n.'t?ts i •Y..e.•rh tR Q ht?.r;: Laghe . .. aleatntk "° -n I r. +l d aa: A v -c4 tfi, .r . h , asw i..•._c. yx:..z z an � t yi;ro in w 'U` h• rir p'r-. >m Jn:. , d.. i n t r um per: Pd ... -dxusti116a ." f'a-h ..f ut3 :as i � .'cr : •d ._......k .:utt nz:t .a.:.v.d..a is b: z ., E £ .•..r at; c ia:pmw =d k. .zas.a . 1,04 e, as n .1A 4€ :., no.t r A. u. .,...1u11 a LL, a. ...I :. ...: hwt .,4 m%' L; H h: 3::� r LaY+ -Mtt x.: t 4 .: kl t 1-It- kx s . _ _ :: :: i irc.= a-hleran, tnl'a<. ft AdeF as ti mu': np iha 3r..r t :ainets ui`;3;;I ba vo:.d rveG fir- tharrndnr ¢s.'uA1" =s n-t m.?t -Mxtnd h taEEsh..d Or J.''k.pc. t: rr} ath� i a.....u„ {:I a n.Lxh�,c : i '-M "i . fimP - rG lots hm "s a s:�rctrnerl }.; 7t 1 ti'3, x JSi WHEREAS, Ramsey County is the governing agency responsible for property acquisition for City Project 08 -13. WHEREAS, permanent easements and /or right -of -way acquisition are needed from property owners to successfully construct the project improvements and said easements and /or right -of -way acquisition are required to increase the width of said streets. WHEREAS, Right -of -Way Plan approval provides assurance to property owners that impact to properties, as a direct result of City Project 08 -13, will not cause violations to City Code. WHEREAS, Right -of -Way Plan shows the current right -of -way limits and proposed acquisition thereby clearly delineating the impacts caused by City Project 08 -13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. Approves the Right -of Way Plan for City Project 08 -13. Packet Page Number 170 of 260 Agenda Item L7 ILril =I LVAI ] ZIM 0 Bill TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit PROJECT: Xcel Energy Tanners Lake Electrical Substation Expansion LOCATION: 2500 Conway Avenue (3M Center) DATE: May 4, 2009 INTRODUCTION Project Description Chris Rogers, of Xcel Energy, is proposing to expand the Tanners Lake Electrical Substation located at 2500 Conway Avenue at 3M Center. The proposed 16 -foot by 107 -foot expansion include moving existing chain link fence 14 feet to the west and adding a 13.8kV electrical feeder in this area. This proposed expansion would be at the rear of the site and not visible to the public. Refer to Mr. Rogers' letter and the attached maps. Request The applicant is requesting that the city approve a conditional use permit (CUP) for a public utility facility. DISCUSSION Conditional Use Permit The proposed expansion is needed for the increased electrical power needs of the cities of Maplewood and Oakdale. The city council should approve this request, as this project meets the criteria for a CUP. The proposed facility expansion would be within the 3M complex and would not be noticeable from Conway Avenue. Staff's only comment is that the applicant obtains an easement from 3M Company for their expansion. The applicant is in the process of securing this easement. Design and Site Issues There are no issues. The Conway Avenue frontage is currently landscaped, there is no building construction proposed and the site is presently lighted. City Department Comments The police, fire and engineering departments have no comment. The building official did comment that: • The upgrade for the electrical demand would require a slab structurally designed to support the equipment. • The fence, if over six feet in height, would require a building permit. Packet Page Number 171 of 260 CfieLVihVil II i I =I WeCel I IQ 0 W April 21, 2009: The planning commission recommended approval of the CUP for the proposed electrical facility expansion. RECOMMENDATION Adopt the resolution approving a conditional use permit for Xcel Energy to expand the Tanners Lake Substation located at 2500 Conway Avenue. The city bases this approval on the findings required by the ordinance. This approval is subject to the following conditions: 1. All construction and activities on the site shall follow the site and project plans dated March 26, 2009 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. All slab installations for the proposed equipment will require a building permit as well. Xcel Energy must start the installation of the new transformer and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 5. Xcel Energy must obtain an easement from 3M Company for the proposed expansion. Packet Page Number 172 of 260 REFERENCE INFORMATION �4 III I=11111] *1dNIaIIQ01 Site size: one acre Existing land use: Tanners Lake Substation at 3M Center SURROUNDING LAND USES Conway Avenue lies to the north of this site, but 3M Center entirely surrounds the substation. PLANNING Land Use Plan designation: M2 (heavy manufacturing) Zoning: M2 ORDINANCE REQUIREMENT Section 44 -1092 (1) of the Maplewood City Code requires a CUP for any public utility or public facility in any location. Findings for CUP Approval Section 44 -1097 (a) states that the city council must base approval of a CUP on nine standards for approval. Refer to findings in the resolution. APPLICATION DATE The city received the complete CUP application for this request on March 26, 2009. Minnesota Statutes Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal, unless the applicant agree to a time extension. In this case, the city should act on this request by May 25, 2009. p:sec 30 /Xcel Substation at 3M CC 5 09 to Attachments: 1. Location Map 2. Certificate of Survey of Proposed Substation Expansion Area 3. Ariel Photo Showing Proposed Expansion Area 4. Letter from Xcel Energy dated March 23, 2009 5. Conditional Use Permit Resolution Packet Page Number 173 of 260 n .'z EXISTING TANNERS LAKE SUBSTATION Packet Page Number 174 of 260 CONWAY AVE Atta hme t 1 n _ AVE R C 2500 _ 1 o U . oz K i U PROPOSED I ..,vly g<Vp Cul INNOVATION BLVD INNOVATION BLVD p 7) �N� INNOVATION BLVD INNOVATION 9 n0 BLVD INNOVATION BLVD INNOVATION S O 2 g<V t- N BLVD INNOVATION BLVD INNOVATION BLVD O � D ( 2 INNOVAT O I N BLV D 3M CENTER 4 r gtNg r I S 1 N N o 'E_ _ J Li _ IL- 1 C- Packet Page Number 174 of 260 CONWAY AVE _ z�s 2500 _ 1 oz K i PROPOSED I EXPANSION AREA ..,vly g<Vp INNOVATION BLVD INNOVATION BLVD p 7) �N� INNOVATION BLVD INNOVATION 9 n0 BLVD INNOVATION BLVD INNOVATION S O 2 g<V t- N BLVD INNOVATION BLVD INNOVATION BLVD O � D ( 2 INNOVAT O I N BLV D 3M CENTER IN NOVATION BLVD 9N 19T gtNg r S N N i _ J IL- 2 CO i N� m m —� NSA LOCATION MAP Packet Page Number 174 of 260 Attachment 3 C O N C CO Q X W C O a+ .U) N 7 N d Y M J N i d C C l6 H Packet Page Number 176 of 260 Attachment 4 Aff cel Energy® March 23, 2009 Mr. Tom Ekstrand Planner - City of Maplewood 1830 County Road B East Maplewood, MN 55109 414 Nicollet Mail Minneapolis, Minnesota 55401 -1993 Re: Tanner's Lake Substation Expansion - Conditional Use Permit Application Dear Mr. Ekstrand, Due to an increase in electrical demand in the Maplewood - Oakdale area, Xcel Energy proposes to upgrade its Tanners Lake Substation located at 2500 Conway Avenue East, Maplewood, MN 55119. Xcel Energy's Distribution planning studies have forecasted that some of the existing distribution feeders at both the Tanners Lake and Oakdale Substations will be overloaded by 110% in 2009. Installation of an additional 13.8kV feeder at Tanners Lake Substation is required primarily to relieve the risk of overloading on existing feeders and potential customer outages. This upgrade will provide increased reliability and will also add system capacity to meet the load growth demand for the area. The scope of the new 13.8kV feeder installation includes minor grading on the west side of the existing substation yard and the installation of one drilled pier foundation and one new steel bay. Xcel Energy will also prepare the Tanners Lake Substation site for the future installation of a second feeder directly adjacent to the proposed 13.8kV new feeder. Preparation for the future feeder will involve only grading work at this time. We expect to have all'substation work complete and in service by November 1, 2009. Enclosed with this letter, please find a completed Conditional Use Permit Application along with project details for your review. The existing substation has been in service since the early 1960's and is situated on a .87 -acre parcel owned in fee by Xcel Energy. All proposed substation upgrade components will be located within existing Xcel Energy property. However, in order to maintain standard clearances to energized equipment, Xcel Energy will be acquiring a 107'x 16' easement strip from 3M directly west of the substation. This 16 foot wide strip will allow for the existing substation fence to be relocated approximately 14 feet west from its current location, giving adequate electrical clearance between the new energized equipment and the relocated fence. Therefore, the relocated substation fence and counterpoise would be located in the newly acquired easement strip from 3M. Minor grading work will be necessary in this area to relocate the existing fence and match the existing grade of the substation site. Please refer to the enclosed location plan for specific location details. Xcel Energy has provided 3M with copies of the Conditional Use Application and we expect to complete the easement acquisition by April 15, 2009. Packet Page Number 177 of 260 Xcel Energy® 414 Nicollet Mall Minneapolis, Minnesota 55401 -1993 Tom Ekstrand March 9, 2009 — - Pagetwo A landscaping plan is not being submitted with this application due to the fact that the site does not provide any suitable area for tree plantings. The substation parcel is surrounded by 3M property that includes a parking lot to the east and buildings to the south and west. The area north of the substation has Xcel Energy's 11 5k overhead high voltage transmission lines, and therefore tree planting must be avoided per Xcel Energy's safety standards. The substation is currently enclosed by a chain link fence with privacy slats and serves as adequate screening to adjacent properties. The expanded portion of the substation will also be surrounded by the same fence type, and will provide the screening to the west. We are not submitting a photometric plan because all lighting for the facilities would be used only in emergency situations, not on a nightly basis. The substation use is consistent with, and supportive of, the goals and policies of the comprehensive plan, the Maplewood Zoning Ordinance and of the M -2 zoning District that this facility is located. The substation is an essential service facility required to provide electricity in order to promote and maintain the health, safety, and general welfare of the community. The existing and proposed use of property does not have undue adverse impacts on the use and enjoyment of properties in close proximity, or on government facilities, services, or improvements. Xcel Energy makes this application in compliance with the City's statutory zoning authority that allows for review of this facility. This review is to ensure that this proposal will meet the applicable city zoning requirements. However, by this application Xcel Energy does not waive, or subordinate, its right to develop and construct the proposed substation project in order to meet its obligation to provide electrical service pursuant to its utility authority. Please review our application for Conditional Use Permit and all attachments. If you have questions, or need more information, please contact me. We look forward to working with the City of Maplewood on this substation upgrade. Sincerely, CARogers Siting and Land Rights Agent Christopher.c.rogers@xcelenergy.com 612- 330 -6078, office 612- 202 -0343, cell enclosures Packet Page Number 178 of 260 Attachment 5 13ie] 0 III III[ Q 01Fil WWII =1111 »NLYiIN9N* *Q ILIA f[Q0 WHEREAS, Mr. Chris Rogers, representing Xcel Energy, applied for a conditional use permit for the expansion of the Tanners Lake Substation at 3M Center. WHEREAS, this permit applies to the property located at 2500 Conway Avenue. The legal description is: The West 50 feet of East 411.74 feet of South 86 feet of North 221.49 feet and West 167 feet of East 361.74 feet of South 201 feet of North 336.49 feet of Southwest % of Section 36, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: On April 21, 2009, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit. 2. On May 11, 2009, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council the above - described conditional use permit revision, 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 run -off, 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. Packet Page Number 179 of 260 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction and activities on the site shall follow the site and project plans dated March 26, 2009 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. All slab installations for the proposed equipment will require a building permit as well. 3. Xcel Energy must start the installation of the new transformer and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 5. Xcel Energy must obtain an easement from 3M Company for the proposed expansion. The Maplewood City Council approved this resolution on 2009. Packet Page Number 180 of 260 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 21, 2009 V. PUBLIC HEARING 7:02 p.m.: Conditional Use Permit — Tanners Lake Substation Expansion, Xcel Energy, 2500 Conway Avenue Planner Ekstrand presented the staff report for this request from Xcel Energy to expand the Tanners Lake electrical substation located at 2500 Conway Avenue at 3M Center. Planner Ekstrand said the proposed 16 -foot by 107 -foot expansion includes moving existing chain link fencing 16 feet to the west and adding a 13.8kV electrical feeder in this area. Mr. Ekstrand said the proposed expansion would be at the rear of the site and not visible to the public. Commissioner Hess asked where the feeder would be located and what the footprint looked like inside the easement. Planner Ekstrand referred this question to the applicant. Commissioner Desai commented that staff noted that 3M Company is approving this proposal, but there is nothing in writing that 3M is approving this. Planner Ekstrand responded that the applicant said they are in negotiations with 3M on the easement agreement and would have this completed soon. Planner Ekstrand also noted that condition five of the staff recommendation requires that Xcel Energy obtain an easement from 3M Company for this expansion. Chris Rogers, the applicant from Xcel Energy, gave a presentation on the proposed substation expansion and responded to Commissioner Hess' questions. Mr. Rogers said that the concrete slab on the site was used years ago as a testing site by 3M to spray salt water to test for corrosion and that the slab and drain in this area will be removed as part of the construction. Mr. Rogers said the site area to be purchased as an easement will be used as a buffer zone and will not have any energized equipment on it. Mr. Rogers explained that there will be at least 15 feet of clearance from the feeder to the fence. Mr. Rogers noted there will not be any transformer work done while work is being done on the feeder. Commissioner Martin asked if there is anything running underground on the site. Mythili Chaganti, a substation engineer with Xcel Energy, responded that all of the distribution feeders would access the substation underground and the transmission lines would enter the site overhead. Mr. Rogers said the underground distribution feeders would not run under the easement. The public hearing was opened for comments from the public. There were no comments; the public hearing was closed. Commissioner Hess moved to adopt the resolution approving a conditional use permit for Xcel Energy to expand the Tanners Lake Substation located at 2500 Conway Avenue. The city bases this approval on the findings required by the ordinance. This approval is subject to the following conditions: All construction and activities on the site shall follow the site and project plans dated March 26, 2009 as approved by the city. City staff may approve minor changes to these plans and the city council must approve major changes to the approved plans. Packet Page Number 181 of 260 Planning Commission -2- Minutes of 04 -21 -09 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. All slab installations for the proposed equipment will require a building permit as well. 3. Xcel Energy must start the installation of the new transformer and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 5. Xcel Energy must obtain an easement from 3M Company for the proposed expansion. Commissioner Pearson seconded Ayes — Desai, Fischer, Hess, Martin, Pearson, Trippler Abstention - Yarwood The motion passed. Packet Page Number 182 of 260 AGENDA ITEM L8 Fiw 4 L , U7il N 4167:41 TO: Mayor and City Council FROM: James W. Antonen SUBJECT: Consider Resolution Authorizing Pride of Maplewood Program DATE: April 30, 2009 INTRODUCTION /SUMMARY The City of Maplewood has a wonderful Staff of people who have shown their dedication to the City in countless ways. In order to recognize these people, I have proposed an employee recognition program entitled "The Pride of Maplewood." The program will be employee driven. The basic premise is that employees will nominate fellow employees for the monthly award. An employee committee will read the nominations and recommend to the City Manager the Pride recipient. The recipient will receive a Pride of Maplewood mug and $30.00 gift card (dinner out). Each month the Maplewood Monthly will have a picture and brief article on the recipient. At the end of the year an Annual Pride of Maplewood recipient will be selected and recognized by the City Council. The recipient will receive a plaque and $100 gift card. The annual cost of this program should not exceed $1,000. Attached is draft nomination forms and checklist to be used accordingly. Also attached is an opinion from the Minnesota State Auditor as to the legal ramifications of the awards. 10=X01 Ptl Ptl =1 0 ULVA 01010 It is recommend the Council by formal resolution support and endorse the Pride of Maplewood Program. IGNFRIT 3ilviiiiiiiiiiilwmne fim, Draft Nomination Forms and Checklist Minnesota State Auditor Opinion Packet Page Number 183 of 260 RESOLUTION NO. A RESOLUTION OF THE MAPLEWOOD CITY COUNCIL ESTABLISHING AN EMPLOYEE RECOGNITION PROGRAM AND DECLARING THAT SUCH PROGRAMS BENEFIT THE PUBLIC BY PROMOTING EFFICIENCY, INITIATIVE, WELLNESS AND MORALE AMONG PUBLIC EMPLOYEES. WHEREAS, employees throughout the City of Maplewood work diligently and effectively on behalf of the public everyday; and WHEREAS, City employees should be recognized for the exceptional work that they perform; and WHEREAS, rewarding City employees enhances productivity, efficiency, wellness and morale in the performance of their duties; and WHEREAS, it is in the public good to recognize City employees for outstanding performance and/or noteworthy contributions to the accomplishment of the overall objectives of the City; and WHEREAS, the Maplewood City Council supports the issuance of rewards for City employees to encourage superior performance in their duties; NOW THEREFORE BE IT RESOLVED by the Council of the City of Maplewood that: 1. In recognition of superior performance and noteworthy contributions to the accomplishment of the overall objectives of the City, it is for the good of the public that the City of Maplewood establish a formal Employee Recognition Program to promote efficiency, initiative and morale among employees of the City of Maplewood. 2. Said program shall be administered under the direction of the City Manager and direct expenses for said program shall not exceed $1,250 annually. This Resolution shall take effect from and after its adoption. Packet Page Number 184 of 260 Pride of Maplewood Award Nomination Form The City of Maplewood would like to recognize its outstanding employees. Perhaps you know of someone who deserves a nomination for the Pride of Maplewood Award. Eligibility All employees who have been employed a minimum of one year and have successfully completed their probationary period. Who May Nominate Any Employee of the City of Maplewood Criteria: • Does this individual consistently meet the high expectations of the City of Maplewood? • Does this individual demonstrate commitments to: 1. Excellence 2. Residents of Maplewood 3. Support for co- workers • Does this individual serve as a role model? • Does this individual relate well with fellow employees and residents? If yes, then please complete the nomination form below. Please return the form to Edna Spangler, Office Specialist, 1830 County Road B E, Maplewood, MN 55109. Packet Page Number 185 of 260 Together We Can PRIDE OF MAPLEWOOD AWARD NOMINATION FORM To: Edna Spangler, Office Specialist, Front Desk, City Hall Date: I Nominate: (Name, Please Print) (Position/Title) (Department /Division) Please indicate how this employee demonstrates a commitment, meets the high standards of the City of Maplewood, serves as a role model for others, and/or has recently achieved any significant accomplishments. (Please use specific Examples or comments to support your nomination. Attach additional sheets if necessary) Nominator's Signature Phone Dept. /Division All nominations and their contacts will be kept confidential One nomination per form please. Each month a nominee will be chosen as a recipient for the award and at the end of the year, an annual award recipient will be chosen. This nomination will be considered for a twelve -month period. At the end of each month, a memo and nomination form will be distributed to all City Employees. In order to ward the recipients in a timely manner, please adhere to the deadline for receipt of those nominations. If you have any further questions regarding this program, please contact Edna Spangler at 651.249.2000 or edna .snanglerLa)ci.manlewood.mn.us Packet Page Number 186 of 260 Standard Operating Procedure Pride of Maplewood Awards Month and Year: deposit Send out nomination memo and form to all employees Set up Meeting with City Manager to discuss nomination(s) and decipher nominations and pick winner(s) Draft the Press Release for Maplewood Monthly and the Newspapers Notify award recipient's director Award will be presented at Departmental Staff meeting with City Manager /Assistant City Manager and Supervisor present Notify recipient that award (gift certificate) will be given as a second direct payroll Draft information for City Clerk and for Council Agenda Packet for Annual Award Recognition completed for City Clerk Verify proclamation(s), gift certificate(s) and mugs are ready for Council Meeting Presentation Packet Page Number 187 of 260 bgether We Can Statement of Position Employee Recognition Programs and Events Local units of government often ask whether they can spend money to hold holiday parties, employee banquets or other employee social events. These questions appear to be motivated by a desire to celebrate a holiday or significant event in an employee's life or to generally boost morale in the workplace. Important limitations exist on the use of public funds for employee social and recognition events. The key question is whether a local government has legal authority for this type of spending. Generally, in order to spend money, a local government must have authority to do so. Authority for an expenditure may be specifically stated in a statute or charter, or it may be implied as necessary to do what an express power authorizes. The Minnesota Attorney General's Office has considered the issue several times and has consistently said that local governments do not have implied authority to sponsor employee social events simply because they have the express power to compensate employees. Instead, the Attorney General's position is that non - monetary benefits must be specifically authorized by law or charter. Based on this rationale, the Attorney General's Office wrote to the Champlin ci . attorney in 1998 indicating that no statutory authority existed for a city to hold an annual employee appreciation dinner or to award employee recognition gifts to employees. The Attorney General's Office stated: "[WJhile an agreed upon monetary bonus might be provided as part of a salary plan to employees who meet performance or longevity standards, we are at a loss to locate authority for expenditures of funds for in -kind awards or social occasions of the type described." Limited Statutory Authority Granted to Counties and Cities Counties and cities do have specific authority for a wellness and employee recognition program under Minn. Stat. § 15.46. This statute states that a county or a statutory or home rule charter city "may establish and operate a program of preventive health and employee recognition services for its employees and may provide necessary staff, equipment, and facilities and may expend funds as necessary to achieve the objectives of Reviewed: October 2008 2007 -1006 Revised: October 2008 An Equal Oppoomnity Employer Packet Page Number 188 of 260 STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR REBECCA QTTO STATE AUDITOR SUITE 500 525 PARK STREET SAINT PAUL, MN 55103 -2139 (651) 296-2551 (Voice) {65t }24 (Fax} s auditor(uSState mn us (E-mail) 1- 800 -627 -3529 (Relay Scruice) Statement of Position Employee Recognition Programs and Events Local units of government often ask whether they can spend money to hold holiday parties, employee banquets or other employee social events. These questions appear to be motivated by a desire to celebrate a holiday or significant event in an employee's life or to generally boost morale in the workplace. Important limitations exist on the use of public funds for employee social and recognition events. The key question is whether a local government has legal authority for this type of spending. Generally, in order to spend money, a local government must have authority to do so. Authority for an expenditure may be specifically stated in a statute or charter, or it may be implied as necessary to do what an express power authorizes. The Minnesota Attorney General's Office has considered the issue several times and has consistently said that local governments do not have implied authority to sponsor employee social events simply because they have the express power to compensate employees. Instead, the Attorney General's position is that non - monetary benefits must be specifically authorized by law or charter. Based on this rationale, the Attorney General's Office wrote to the Champlin ci . attorney in 1998 indicating that no statutory authority existed for a city to hold an annual employee appreciation dinner or to award employee recognition gifts to employees. The Attorney General's Office stated: "[WJhile an agreed upon monetary bonus might be provided as part of a salary plan to employees who meet performance or longevity standards, we are at a loss to locate authority for expenditures of funds for in -kind awards or social occasions of the type described." Limited Statutory Authority Granted to Counties and Cities Counties and cities do have specific authority for a wellness and employee recognition program under Minn. Stat. § 15.46. This statute states that a county or a statutory or home rule charter city "may establish and operate a program of preventive health and employee recognition services for its employees and may provide necessary staff, equipment, and facilities and may expend funds as necessary to achieve the objectives of Reviewed: October 2008 2007 -1006 Revised: October 2008 An Equal Oppoomnity Employer Packet Page Number 188 of 260 the program." Cities were added to the statute in 2007. This statute does not currently extend to other local units of government, Properly established programs should be in writing and approved by the county board or city council. They should include clear wellness and recognition objectives. The county board or city council must determine what amounts can be expended as "necessary to achieve the objectives of the program." The Office of the State Auditor, in reviewing county or city expenditures for wellness and employee recognition programs, will be guided by what is permitted and what is prohibited for state employees. Counties and cities cannot simply provide employee banquets or parties for all employees. County and city funds can be spent only as necessary to achieve the objectives of an established wellness and employee recognition program. The public entity may not pay for spouses or third parties to attend a recognition event. In addition, expenditure of public funds to purchase alcohol is not permitted. Towns Have .S'Decific Statutory Authori Towns are not mentioned in section 15.46. However, the 2008 Legislature granted town electors the authority to set an amount of money for the town board to spend recognizing "volunteers, service efforts and retiring town officers." The statute specifically requires the electors to set the amount of money to be spent on these recognitions. Absent such a vote by the electors at an annual or special meeting, towns do not have authority to hold employee recognition events. School Districts Have Separate Specific Authoriiv A school board may establish and operate an employee recognition program for district employees, including teachers, and may expend funds as necessary to achieve the objectives of the program. The employee recognition program shall not include monetary awards.' 'See Minn Stat. § 123B.02, subd. 14a. Reviewed: October 2008 2 Revised: October 2008 2007 -1006 Packet Page Number 189 of 260 Item L 9 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: May 6, 2009 RE: Fish Creek Bluffs Mayor Longrie has requested that the following be placed on the agenda: 1. Fish Creek Bluffs - the Co Par Carver Crossing Development: Real Estate Negotiations. Additional information will be provided regarding this topic under separate cover before the meeting and will be made a part of the packet. Packet Page Number 190 of 260 Item L10 MEMORANDUM TO: James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: May 6, 2009 RE: Water Conservation Initiatives Mayor Longrie has requested that the topic of Water Conservation Initiatives be placed on the May 11, 2009 council agenda. Attached are Minnesota Statutes 103G.291 and 2166.241 provided by Mayor Longrie. Additional information will be provided regarding this topic under separate cover before the meeting and will be made a part of the packet. Packet Page Number 191 of 260 MINNESOTA STATUTES 2008 103G.291 103G.291 PUBLIC WATER SUPPLY PLANS; APPROPRIATION DURING DEFICIENCY. Subdivision 1. Declaration and conservation. (a) If the governor determines and declares by executive order that there is a critical water deficiency, public water supply authorities appropriating water must adopt and enforce water conservation restrictions within their jurisdiction that are consistent with rules adopted by the commissioner. (b) The restrictions must limit lawn sprinkling, vehicle washing, golf course and park irrigation, and other nonessential uses, and have appropriate penalties for failure to comply with the restrictions. Subd. 2. Modification of appropriation for noncompliance. Disregard of critical water deficiency orders, even though total appropriation remains less than that permitted, is adequate grounds for immediate modification of a public water supply authority's water use permit. Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier serving more than 1,000 people must submit a water supply plan to the commissioner for approval by January 1, 1996. In accordance with guidelines developed by the commissioner, the plan must address projected demands, adequacy of the water supply system and planned improvements, existing and future water sources, natural resource impacts or limitations, emergency preparedness, water conservation, supply and demand reduction measures, and allocation priorities that are consistent with section 103G.261. Public water suppliers must update their plan and, upon notification, submit it to the commissioner for approval every ten years. (b) The water supply plan in paragraph (a) is required for all communities in the metropolitan area, as defined in section 473.121, with a municipal water supply system and is a required element of the local comprehensive plan required under section 473.859. Water supply plans or updates submitted after December 31, 2008, must be consistent with the metropolitan area master water supply plan required under section 473.1565, subdivision 1, paragraph (a), clause (2). (c) Public water suppliers serving more than 1,000 people must employ water use demand reduction measures, including a conservation rate structure, as defined in subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), before requesting approval from the commissioner of health under section 144.383, paragraph (a), to construct a public water supply well or requesting an increase in the authorized volume of appropriation. Demand reduction measures must include evaluation of conservation rate structures and a public education program that may include a toilet and showerhead retrofit program. (d) Public water suppliers serving more than 1,000 people must submit records that indicate the number of connections and amount of use by customer category and volume of Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 192 of 260 MINNESOTA STATUTES 2008 103G.291 water unaccounted for with the annual report of water use required wider section 103G.281, subdivision 3. (e) For the purposes of this section, "public water supplier" means an entity that owns, manages, or operates a public water supply, as defined in section 144.382, subdivision 4. Subd. 4. Conservation rate structure required. (a) For the purposes of this section, "conservation rate structure" means a rate structure that encourages conservation and may include increasing block rates, seasonal rates, time of use rates, individualized goal rates, or excess use rates. The rate stricture must consider each residential unit as an individual user in multiple- family dwellings. (b) To encourage conservation, a public water supplier serving more than 1,000 people in the metropolitan area, as defined in section 473.121, subdivision 2, shall use a conservation rate structure by January 1, 2010. All remaining public water suppliers serving more than 1,000 people shall use a conservation rate structure by January 1, 2013. (c) A public water supplier without the proper measuring equipment to track the amount of water used by its users, as of July 1, 2008, is exempt from this subdivision and the conservation rate structure requirement under subdivision 3, paragraph (c). History: 1990 c 391 art 7 s 31; 1993 c 186s 6; 2007 c 131 art I s 57; 2008 c 363 art 5 s 20,21 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 193 of 260 MINNESOTA STATUTES 2008 21613.241 216B.241 ENERGY CONSERVATION IMPROVEMENT. Subdivision 1. Definitions. For purposes of this section and section 216B.16, subdivision 6b, the terms defined in this subdivision have the meanings given them. (a) "Commission" means the Public Utilities Commission. (b) "Commissioner" means the commissioner of commerce. (c) "Customer facility" means all buildings, structures, equipment, and installations at a single site. (d) "Department" means the Department of Commerce. (e) "Energy conservation" means demand -side management of energy supplies resulting in a net reduction in energy use. Load management that reduces overall energy use is energy conservation. (f) "Energy conservation improvement" means a project that results in energy efficiency or energy conservation. Energy conservation improvement may include waste heat recovery converted into electricity but does not include electric utility infrastructure projects approved by the commission under section 216B.1636. (g) "Energy efficiency" means measures or programs, including energy conservation measures or programs, that target consumer behavior, equipment, processes, or devices designed to produce either an absolute decrease in consumption of electric energy or natural gas or a decrease in consumption of electric energy or natural gas on a per unit of production basis without a reduction in the quality or level of service provided to the energy consumer. (h) "Gross annual retail energy sales" means annual electric sales to all retail customers in a utility's or association's Minnesota service territory or natural gas throughput to all retail customers, including natural gas transportation customers, on a utility's distribution system in Minnesota. For purposes of this section, gross annual retail energy sales exclude gas sales to a large energy facility and gas and electric sales to a large electric customer facility exempted by the commissioner under subdivision In, paragraph (b). (i) "Investments and expenses of a public utility" includes the investments and expenses incurred by a public utility in connection with an energy conservation improvement, including but not limited to: (I) the differential in interest cost between the market rate and the rate charged on a no- interest or below - market interest loan made by a public utility to a customer for the purchase or installation of an energy conservation improvement; Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 194 of 260 MINNESOTA STATUTES 2008 21613.241 (2) the difference between the utility's cost of purchase or installation of energy conservation improvements and any price charged by a public utility to a customer for such improvements. 0) "Large electric customer facility" means a customer facility that imposes a peak electrical demand on an electric utility's system of not less than 20,000 kilowatts, measured in the same way as the utility that serves the customer facility measures electrical demand for billing purposes, and for which electric services are provided at retail on a single bill by a utility operating in the state. (k) "Large energy facility" has the meaning given it in section 21613.2421, subdivision 2, clause (1). (1) "Load management" means an activity, service, or technology to change the timing or the efficiency of a customer's use of energy that allows a utility or a customer to respond to wholesale market fluctuations or to reduce peak demand for energy or capacity. (m) "Low- income programs" means energy conservation improvement programs that directly serve the needs of low- income persons, including low - income renters. (n) "Waste heat recovery converted into electricity" means an energy recovery process that converts otherwise lost energy from the heat of exhaust stacks or pipes used for engines or manufacturing or industrial processes, or the reduction of high pressure in water or gas pipelines. Subd. Ia. Investment, expenditure, and contribution; public utility. (a) For purposes of this subdivision and subdivision 2, "public utility" has the meaning given it in section 21613.02, subdivision 4. Each public utility shall spend and invest for energy conservation improvements under this subdivision and subdivision 2 the following amounts: (1) for a utility that furnishes gas service, 0.5 percent of its gross operating revenues from service provided in the state; (2) for a utility that furnishes electric service, 1.5 percent of its gross operating revenues from service provided in the state; and (3) for a utility that furnishes electric service and that operates a nuclear- powered electric generating plant within the state, two percent of its gross operating revenues from service provided in the state. For purposes of this paragraph (a), "gross operating revenues" do not include revenues from large electric customer facilities exempted by the commissioner under paragraph (b). (b) The owner of a large electric customer facility may petition the commissioner to exempt both electric and gas utilities serving the large energy customer facility from the investment and expenditure requirements of paragraph (a) with respect to retail revenues attributable to Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 195 of 260 MINNESOTA STATUTES 2008 21613.241 the facility. At a minimum, the petition must be supported by evidence relating to competitive or economic pressures on the customer and a showing by the customer of reasonable efforts to identify, evaluate, and implement cost - effective conservation improvements at the facility. If a petition is filed on or before October 1 of any year, the order of the commissioner to exempt revenues attributable to the facility can be effective no earlier than January 1 of the following year. The commissioner shall not grant an exemption if the commissioner determines that granting the exemption is contrary to the public interest. The commissioner may, after investigation, rescind any exemption granted under this paragraph upon a determination that the customer is not continuing to make reasonable efforts to identify, evaluate, and implement energy conservation improvements at the large electric customer facility. For the purposes of investigations by the under this paragraph, the owner of any large electric customer facility shall, upon request, provide the commissioner with updated information comparable to that originally supplied in or with the owner's original petition under this paragraph. (c) The commissioner may require investments or spending greater than the amounts required under this subdivision for a public utility whose most recent advance forecast required under section 21613.2422 or 216C.17 projects a peak demand deficit of 100 megawatts or greater within five years under midrange forecast assumptions. (d) A public utility or owner of a large electric customer facility may appeal a decision of the commissioner under paragraph (b) or (c) to the commission under subdivision 2. In reviewing a decision of the commissioner under paragraph (b) or (c), the commission shall rescind the decision if it finds that the required investments or spending will: (1) not result in cost - effective energy conservation improvements; or (2) otherwise not be in the public interest. Subd. lb. Conservation improvement by cooperative association or municipality. (a) This subdivision applies to: (1) a cooperative electric association that provides retail service to its members; (2) a municipality that provides electric service to retail customers; and (3) a municipality with more than 1,000,000,000 cubic feet in annual throughput sales to natural gas to retail customers. (b) Each cooperative electric association and municipality subject to this subdivision shall spend and invest for energy conservation improvements under this subdivision the following amounts: Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 196 of 260 MINNESOTA STATUTES 2008 21613.241 (1) for a municipality, 0.5 percent of its gross operating revenues from the sale of gas and 1.5 percent of its gross operating revenues from the sale of electricity, excluding gross operating revenues from electric and gas service provided in the state to large electric customer facilities; and (2) for a cooperative electric association, 1.5 percent of its gross operating revenues from service provided in the state, excluding gross operating revenues from service provided in the state to large electric customer facilities indirectly through a distribution cooperative electric association. (c) Each municipality and cooperative electric association subject to this subdivision shall identify and implement energy conservation improvement spending and investments that are appropriate for the municipality or association, except that a municipality or association may not spend or invest for energy conservation improvements that directly benefit a large energy facility or a large electric customer facility for which the commissioner has issued an exemption under subdivision la, paragraph (b). (d) Each municipality and cooperative electric association subject to this subdivision may spend and invest annually up to ten percent of the total amount required to be spent and invested on energy conservation improvements under this subdivision on research and development projects that meet the definition of energy conservation improvement in subdivision 1 and that are funded directly by the municipality or cooperative electric association. (e) Load- management activities may be used to meet 50 percent of the conservation investment and spending requirements of this subdivision. (f) A generation and transmission cooperative electric association that provides energy services to cooperative electric associations that provide electric service at retail to consumers may invest in energy conservation improvements on behalf of the associations it serves and may fulfill the conservation, spending, reporting, and energy- savings goals on an aggregate basis. A municipal power agency or other not - for -profit entity that provides energy service to municipal utilities that provide electric service at retail may invest in energy conservation improvements on behalf of the municipal utilities it serves and may fulfill the conservation, spending, reporting, and energy- savings goals on an aggregate basis, under an agreement between the municipal power agency or not- for -profit entity and each municipal utility for funding the investments. (g) Each municipality or cooperative shall file energy conservation improvement plans by June 1 on a schedule determined by order of the commissioner, but at least every three years. Plans received by June 1 must be approved or approved as modified by the commissioner by December 1 of the same year. The municipality or cooperative shall provide an evaluation to the commissioner detailing its energy conservation improvement spending and investments for the previous period. Copyright C 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 197 of 260 MINNESOTA STATUTES 2008 21613.241 The evaluation must briefly describe each conservation program and must specify the energy savings or increased efficiency in the use of energy within the service territory of the utility or association that is the result of the spending and investments. The evaluation must analyze the cost - effectiveness of the utility's or association's conservation programs, using a list of baseline energy and capacity savings assumptions developed in consultation with the department. The commissioner shall review each evaluation and make recommendations, where appropriate, to the municipality or association to increase the effectiveness of conservation improvement activities. (h) A municipality may spend up to 50 percent of its required spending under this section to refurbish an existing district heating or cooling system until July 1, 2007. From July 1, 2007, through June 30, 2011, expenditures made to refurbish a district heating or cooling system are considered to be load - management activities under paragraph (e). This paragraph expires July 1, 2011. (i) The commissioner shall consider and may require a utility, association, or other entity providing energy efficiency and conservation services under this section to undertake a program suggested by an outside source, including a political subdivision, nonprofit corporation, or community organization. Subd. la Energy- saving goals. (a) The commissioner shall establish energy- saving goals for energy conservation improvement expenditures and shall evaluate an energy conservation improvement program on how well it meets the goals set. (b) Each individual utility and association shall have an annual energy- savings goal equivalent to 1.5 percent of gross annual retail energy sales unless modified by the commission under paragraph (d). The savings goals must be calculated based on the most recent three -year weather normalized average. (c) The commissioner must adopt a filing schedule that is designed to have all utilities and associations operating under an energy- savings plan by calendar year 2010. (d) In its energy conservation improvement plan filing, a utility or association may request the commissioner to adjust its annual energy- savings percentage goal based on its historical conservation investment experience, customer class makeup, load growth, a conservation potential study, or other factors the commissioner determines warrants an adjustment. The commissioner may not approve a plan that provides for an annual energy - savings goal of less than one percent of gross annual retail energy sales from energy conservation improvements. A utility or association may include in its energy conservation plan energy savings from electric utility infrastructure projects approved by the commission under section 216B.1636 or waste heat recovery converted into electricity projects that may count as energy savings in addition to the Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 198 of 260 MINNESOTA STATUTES 2008 21613.241 minimum energy- savings goal of at least one percent for energy conservation improvements. Electric utility infrastructure projects must result in increased energy efficiency greater than that which would have occurred through normal maintenance activity. (e) An energy- savings goal is not satisfied by attaining the revenue expenditure requirements of subdivisions la and lb, but can only be satisfied by meeting the energy - savings goal established in this subdivision. (f) An association or utility is not required to make energy conservation investments to attain the energy - savings goals of this subdivision that are not cost - effective even if the investment is necessary to attain the energy- savings goals. For the purpose of this paragraph, in determining cost - effectiveness, the commissioner shall consider the costs and benefits to ratepayers, the utility, participants, and society. In addition, the commissioner shall consider the rate at which an association or municipal utility is increasing its energy savings and its expenditures on energy conservation. (g) On an annual basis, the commissioner shall produce and make publicly available a report on the annual energy savings and estimated carbon dioxide reductions achieved by the energy conservation improvement programs for the two most recent years for which data is available. The commissioner shall report on program performance both in the aggregate and for each entity filing an energy conservation improvement plan for approval or review by the commissioner. (h) By January 15, 2010, the commissioner shall report to the legislature whether the spending requirements under subdivisions la and lb are necessary to achieve the energy- savings goals established in this subdivision. Subd. Id. Technical assistance. The commissioner shall evaluate energy conservation improvement programs on the basis of cost - effectiveness and the reliability of the technologies employed. The commissioner shall, by order, establish, maintain, and update energy- savings assumptions that must be used when filing energy conservation improvement programs. The commissioner shall establish an inventory of the most effective energy conservation programs, techniques, and technologies, and encourage all Minnesota utilities to implement them, where appropriate, in their service territories. The commissioner shall describe these programs in sufficient detail to provide a utility reasonable guidance concerning implementation. The shall prioritize the opportunities in order of potential energy savings and in order of cost - effectiveness. The commissioner may contract with a third party to carry out any of the commissioner's duties under this subdivision, and to obtain technical assistance to evaluate the effectiveness of any conservation improvement program. The commissioner may assess up to $800,000 annually until June 30, 2009, and $450,000 annually thereafter for the purposes of this Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 199 of 260 MINNESOTA STATUTES 2008 21613.241 subdivision. The assessments must be deposited in the state treasury and credited to the energy and conservation account created under subdivision 2a. An assessment made under this subdivision is not subject to the cap on assessments provided by section 21613.62, or any other law. Subd. le. Applied research and development grants. (a) The commissioner may, by order, approve and make grants for applied research and development projects of general applicability that identify new technologies or strategies to maximize energy savings, improve the effectiveness of energy conservation programs, or document the carbon dioxide reductions from energy conservation programs. When approving projects, the commissioner shall consider proposals and comments from utilities and other interested parties. The commissioner may assess up to $3,600,000 annually for the purposes of this subdivision. The assessments must be deposited in the state treasury and credited to the energy and conservation account created under subdivision 2a. An assessment made under this subdivision is not subject to the cap on assessments provided by section 21613.62, or any other law. (b) The commissioner, as part of the assessment authorized under paragraph (a), shall annually assess and grant up to $500,000 for the purpose of subdivision 9. Subd. If Facilities energy efficiency. (a) The commissioner of administration and the of commerce shall maintain and, as needed, revise the sustainable building design guidelines developed under section 1613.325. (b) The commissioner of administration and the commissioner of commerce shall maintain and update the benchmarking tool developed under Laws 2001, chapter 212, article 1, section 3, so that all public buildings can use the benchmarking tool to maintain energy use information for the purposes of establishing energy efficiency benchmarks, tracking building performance, and measuring the results of energy efficiency and conservation improvements. (c) The commissioner shall require that utilities include in their conservation improvement plans programs that facilitate professional engineering verification to qualify a building as Energy Star - labeled, Leadership in Energy and Environmental Design (LEED) certified, or Green Globes- certified. The state goal is to achieve certification of 1,000 commercial buildings as Energy Star - labeled, and 100 commercial buildings as LEED - certified or Green Globes - certified by December 31, 2010. (d) The commissioner may assess up to $500,000 annually for the purposes of this subdivision. The assessments must be deposited in the state treasury and credited to the energy and conservation account created under subdivision 2a. An assessment made under this subdivision is not subject to the cap on assessments provided by section 21613.62, or any other law. Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 200 of 260 MINNESOTA STATUTES 2008 21613.241 Subd. lg. Manner of filing and service. (a) A public utility, generation and transmission cooperative electric association, municipal power agency, cooperative electric association, and municipal utility shall submit filings to the department via the department's electronic filing system. The commissioner may approve an exemption from this requirement in the event an affected utility or association is unable to submit filings via the department's electronic filing system. All other interested parties shall submit filings to the department via the department's electronic filing system whenever practicable but may also file by personal delivery or by mail. (b) Submission of a document to the department's electronic filing system constitutes service on the department. Where department rule requires service of a notice, order, or other document by the department, utility, association, or interested party upon persons on a service list maintained by the department, service may be made by personal delivery, mail, or electronic service, except that electronic service may only be made upon persons on the service list who have previously agreed in writing to accept electronic service at an electronic address provided to the department for electronic service purposes. Subd. 2. Programs. (a) The commissioner may require public utilities to make investments and expenditures in energy conservation improvements, explicitly setting forth the interest rates, prices, and terms under which the improvements must be offered to the customers. The required programs must cover no more than a three -year period. Public utilities shall file conservation improvement plans by June 1, on a schedule determined by order of the commissioner, but at least every three years. Plans received by a public utility by June 1 must be approved or approved as modified by the commissioner by December 1 of that same year. The commissioner shall evaluate the program on the basis of cost - effectiveness and the reliability of technologies employed. The commissioner's order must provide to the extent practicable for a free choice, by consumers participating in the program, of the device, method, material, or project constituting the energy conservation improvement and for a free choice of the seller, installer, or contractor of the energy conservation improvement, provided that the device, method, material, or project seller, installer, or contractor is duly licensed, certified, approved, or qualified, including under the residential conservation services program, where applicable. (b) The commissioner may require a utility to make an energy conservation improvement investment or expenditure whenever the commissioner finds that the improvement will result in energy savings at a total cost to the utility less than the cost to the utility to produce or purchase an equivalent amount of new supply of energy. The commissioner shall nevertheless ensure that every public utility operate one or more programs under periodic review by the department. (c) Each public utility subject to subdivision la may spend and invest annually up to ten percent of the total amount required to be spent and invested on energy conservation Copyright © 2008 by the Revisor of Statutes, State of Minnesota. MI Rights Reservg Page Number 201 of 260 MINNESOTA STATUTES 2008 21613.241 improvements under this section by the utility on research and development projects that meet the definition of energy conservation improvement in subdivision 1 and that are funded directly by the public utility. (d) A public utility may not spend for or invest in energy conservation improvements that directly benefit a large energy facility or a large electric customer facility for which the commissioner has issued an exemption pursuant to subdivision la, paragraph (b). The shall consider and may require a utility to undertake a program suggested by an outside source, including a political subdivision, a nonprofit corporation, or community organization. (e) A utility, a political subdivision, or a nonprofit or community organization that has suggested a program, the attorney general acting on behalf of consumers and small business interests, or a utility customer that has suggested a program and is not represented by the attorney general under section 8.33 may petition the commission to modify or revoke a department decision under this section, and the commission may do so if it determines that the program is not cost - effective, does not adequately address the residential conservation improvement needs of low- income persons, has a long -range negative effect on one or more classes of customers, or is otherwise not in the public interest. The commission shall reject a petition that, on its face, fails to make a reasonable argument that a program is not in the public interest. (f) The commissioner may order a public utility to include, with the filing of the utility's proposed conservation improvement plan under paragraph (a), the results of an independent audit of the utility's conservation improvement programs and expenditures performed by the department or an auditor with experience in the provision of energy conservation and energy efficiency services approved by the commissioner and chosen by the utility. The audit must specify the energy savings or increased efficiency in the use of energy within the service territory of the utility that is the result of the spending and investments. The audit must evaluate the cost - effectiveness of the utility's conservation programs. Subd. 2a. Energy and conservation account The energy and conservation account is established in the special revenue fund in the state treasury. The commissioner must deposit money assessed or contributed under subdivisions Id, le, If, and 7 in the state treasury and credit it to the energy and conservation account in the special revenue fund. Money in the account is appropriated to the commissioner for the purposes of subdivisions Id, le, If, and 7. Interest on money in the account accrues to the account. Subd. 2b. Recovery of expenses. The commission shall allow a utility to recover expenses resulting from a conservation improvement program required by the department and contributions Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 202 of 260 10 MINNESOTA STATUTES 2008 21613.241 and assessments to the energy and conservation account, unless the recovery would be inconsistent with a financial incentive proposal approved by the commission. The commission shall allow a cooperative electric association subject to rate regulation under section 21613.026, to recover expenses resulting from energy conservation improvement programs, load management programs, and assessments and contributions to the energy and conservation account unless the recovery would be inconsistent with a financial incentive proposal approved by the commission. In addition, a utility may file annually, or the Public Utilities Commission may require the utility to file, and the commission may approve, rate schedules containing provisions for the automatic adjustment of charges for utility service in direct relation to changes in the expenses of the utility for real and personal property taxes, fees, and permits, the amounts of which the utility cannot control. A public utility is eligible to file for adjustment for real and personal property taxes, fees, and permits under this subdivision only if, in the year previous to the year in which it files for adjustment, it has spent or invested at least 1.75 percent of its gross revenues from provision of electric service, excluding gross operating revenues from electric service provided in the state to large electric customer facilities for which the commissioner has issued an exemption under subdivision la, paragraph (b), and 0.6 percent of its gross revenues from provision of gas service, excluding gross operating revenues from gas services provided in the state to large electric customer facilities for which the commissioner has issued an exemption under subdivision la, paragraph (b), for that year for energy conservation improvements under this section. Subd. 2c. Performance incentives. By December 31, 2008, the commission shall review any incentive plan for energy conservation improvement it has approved under section 216B.16, subdivision 6c, and adjust the utility performance incentives to recognize making progress toward and meeting the energy- savings goals established in subdivision le. Subd. 3. Ownership of energy conservation improvement An energy conservation improvement made to or installed in a building in accordance with this section, except systems owned by the utility and designed to turn off, limit, or vary the delivery of energy, are the exclusive property of the owner of the building except to the extent that the improvement is subjected to a security interest in favor of the utility in case of a loan to the building owner. The utility has no liability for loss, damage or injury caused directly or indirectly by an energy conservation improvement except for negligence by the utility in purchase, installation, or modification of the product. Subd. 4. Federal law prohibitions. If investments by public utilities in energy conservation improvements are in any manner prohibited or restricted by federal law and there is a provision under which the prohibition or restriction may be waived, then the commission, the governor, or any other necessary state agency or officer shall take all necessary and appropriate steps to secure Copyright C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 203 of 260 11 MINNESOTA STATUTES 2008 21613.241 a waiver with respect to those public utility investments in energy conservation improvements included in this section. Subd. 5. Efficient lighting program. (a) Each public utility, cooperative electric association, and municipal utility that provides electric service to retail customers shall include as part of its conservation improvement activities a program to strongly encourage the use of fluorescent and high - intensity discharge lamps. The program must include at least a public information campaign to encourage use of the lamps and proper management of spent lamps by all customer classifications. (b) A public utility that provides electric service at retail to 200,000 or more customers shall establish, either directly or through contracts with other persons, including lamp manufacturers, distributors, wholesalers, and retailers and local government units, a system to collect for delivery to a reclamation or recycling facility spent fluorescent and high - intensity discharge lamps from households and from small businesses as defined in section 645.445 that generate an average of fewer than ten spent lamps per year. (c) A collection system must include establishing reasonably convenient locations for collecting spent lamps from households and financial incentives sufficient to encourage spent lamp generators to take the lamps to the collection locations. Financial incentives may include coupons for purchase of new fluorescent or high - intensity discharge lamps, a cash back system, or any other financial incentive or group of incentives designed to collect the maximum number of spent lamps from households and small businesses that is reasonably feasible. (d) A public utility that provides electric service at retail to fewer than 200,000 customers, a cooperative electric association, or a municipal utility that provides electric service at retail to customers may establish a collection system under paragraphs (b) and (c) as part of conservation improvement activities required under this section. (e) The commissioner of the Pollution Control Agency may not, unless clearly required by federal law, require a public utility, cooperative electric association, or municipality that establishes a household fluorescent and high - intensity discharge lamp collection system under this section to manage the lamps as hazardous waste as long as the lamps are managed to avoid breakage and are delivered to a recycling or reclamation facility that removes mercury and other toxic materials contained in the lamps prior to placement of the lamps in solid waste. (f) If a public utility, cooperative electric association, or municipal utility contracts with a local government unit to provide a collection system under this subdivision, the contract must provide for payment to the local government unit of all the unit's incremental costs of collecting and managing spent lamps. Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 204 of 260 12 MINNESOTA STATUTES 2008 21613.241 (g) All the costs incurred by a public utility, cooperative electric association, or municipal utility for promotion and collection of fluorescent and high - intensity discharge lamps under this subdivision are conservation improvement spending under this section. Subd. 5a. Qualifying solar energy project (a) A utility or association may include in its conservation plan programs for the installation of qualifying solar energy projects as defined by section 21613.2411 to the extent of the spending allowed for generation projects by section 21613.2411. The cost - effectiveness of a qualifying solar energy project may be determined by a different standard than for other energy conservation improvements under this section if the determines it is in the public interest to do so to encourage solar energy projects. Energy savings from qualifying solar energy projects may not be counted toward the minimum energy- savings goal of at least one percent for energy conservation improvements required under subdivision le, but may, if the conservation plan is approved: (1) be counted toward energy savings above that minimum percentage; and (2) be considered when establishing performance incentives under section 21613.241, subdivision 2c. (b) Qualifying solar energy projects may not be considered when establishing demand -side management targets under section 21613.2422, 21613.243, or any other section of this chapter. Subd. 6. Renewable energy research. (a) A public utility that owns a nuclear generation facility in the state shall spend five percent of the total amount that utility is required to spend under this section to support basic and applied research and demonstration activities at the University of Minnesota Initiative for Renewable Energy and the Environment for the development of renewable energy sources and technologies. The utility shall transfer the required amount to the University of Minnesota on or before July 1 of each year and that annual amount shall be deducted from the amount of money the utility is required to spend under this section. The University of Minnesota shall transfer at least ten percent of these funds to at least one rural campus or experiment station. (b) Activities funded under this subdivision may include, but are not limited to: (1) environmentally sound production of energy from a renewable energy source including biomass; (2) environmentally sound production of hydrogen from biomass and any other renewable energy source for energy storage and energy utilization; (3) development of energy conservation and efficient energy utilization technologies; (4) energy storage technologies; and Copyright C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 205 of 260 13 MINNESOTA STATUTES 2008 21613.241 (5) analysis of policy options to facilitate adoption of technologies that use or produce low- carbon renewable energy. (c) Notwithstanding other law to the contrary, the utility may, but is not required to, spend more than two percent of its gross operating revenues from service provided in this state under this section or section 21613.2411. (d) For the purposes of this subdivision: (1) "renewable energy source" means hydro, wind, solar, biomass and geothermal energy, and microorganisms used as an energy source; and (2) "biomass" means plant and animal material, agricultural and forest residues, mixed municipal solid waste, and sludge from wastewater treatment. (e) This subdivision expires June 30, 2010. Subd. 7. Low - income programs. (a) The commissioner shall ensure that each utility and association provides low- income programs. When approving spending and energy- savings goals for low- income programs, the commissioner shall consider historic spending and participation levels, energy savings for low- income programs, and the number of low- income persons residing in the utility's service territory. A utility that furnishes gas service must spend at least 0.2 percent of its gross operating revenue from residential customers in the state on low- income programs. A utility or association that furnishes electric service must spend at least 0.1 percent of its gross operating revenue from residential customers in the state on low- income programs. For a generation and transmission cooperative association, this requirement shall apply to each association's members' aggregate gross operating revenue from sale of electricity to residential customers in the state. Beginning in 2010, a utility or association that furnishes electric service must spend 0.2 percent of its gross operating revenue from residential customers in the state on low- income programs. (b) To meet the requirements of paragraph (a), a utility or association may contribute money to the energy and conservation account. An energy conservation improvement plan must state the amount, if any, of low- income energy conservation improvement funds the utility or association will contribute to the energy and conservation account. Contributions must be remitted to the by February 1 of each year. (c) The commissioner shall establish low- income programs to utilize money contributed to the energy and conservation account under paragraph (b). In establishing low- income programs, the commissioner shall consult political subdivisions, utilities, and nonprofit and community organizations, especially organizations engaged in providing energy and weatherization assistance Copyright C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 206 of 260 14 MINNESOTA STATUTES 2008 21613.241 to low- income persons. Money contributed to the energy and conservation account under paragraph (b) must provide programs for low- income persons, including low- income renters, in the service territory of the utility or association providing the money. The commissioner shall record and report expenditures and energy savings achieved as a result of low- income programs funded through the energy and conservation account in the report required under subdivision le, paragraph (g). The commissioner may contract with a political subdivision, nonprofit or community organization, public utility, municipality, or cooperative electric association to implement low- income programs funded through the energy and conservation account. (d) A utility or association may petition the commissioner to modify its required spending under paragraph (a) if the utility or association and the commissioner have been unable to expend the amount required under paragraph (a) for three consecutive years. Subd. 8. Assessment The commission or department may assess utilities subject to this section in proportion to their respective gross operating revenue from sales of gas or electric service within the state during the last calendar year to carry out the purposes of subdivisions Id, le, and If. Those assessments are not subject to the cap on assessments provided by section 21613.62, or any other law. Subd. 9. Building performance standards; Sustainable Building 2030. (a) The purpose of this subdivision is to establish cost - effective energy - efficiency performance standards for new and substantially reconstructed commercial, industrial, and institutional buildings that can significantly reduce carbon dioxide emissions by lowering energy use in new and substantially reconstructed buildings. For the purposes of this subdivision, the establishment of these standards may be referred to as Sustainable Building 2030. (b) The commissioner shall contract with the Center for Sustainable Building Research at the University of Minnesota to coordinate development and implementation of energy - efficiency performance standards, strategic planning, research, data analysis, technology transfer, training, and other activities related to the purpose of Sustainable Building 2030. The commissioner and the Center for Sustainable Building Research shall, in consultation with utilities, builders, developers, building operators, and experts in building design and technology, develop a Sustainable Building 2030 implementation plan that must address, at a minimum, the following issues: (1) training architects to incorporate the performance standards in building design; (2) incorporating the performance standards in utility conservation improvement programs; and (3) developing procedures for ongoing monitoring of energy use in buildings that have adopted the performance standards. Copyright C 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 207 of 260 15 MINNESOTA STATUTES 2008 21613.241 The plan must be submitted to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy policy by July 1, 2009. (c) Sustainable Building 2030 energy - efficiency performance standards must be firm, quantitative measures of total building energy use and associated carbon dioxide emissions per square foot for different building types and uses, that allow for accurate determinations of a building's conformance with a performance standard. The energy - efficiency performance standards must be updated every three or five years to incorporate all cost - effective measures. The performance standards must reflect the reductions in carbon dioxide emissions per square foot resulting from actions taken by utilities to comply with the renewable energy standards in section 216B.1691. The performance standards should be designed to achieve reductions equivalent to the following reduction schedule, measured against energy consumption by an average building in each applicable building sector in 2003: (1) 60 percent in 2010; (2) 70 percent in 2015; (3) 80 percent in 2020; and (4) 90 percent in 2025. A performance standard must not be established or increased absent a conclusive engineering analysis that it is cost- effective based upon established practices used in evaluating utility conservation improvement programs. (d) The annual amount of the contract with the Center for Sustainable Building Research is up to $500,000. The Center for Sustainable Building Research shall expend no more than $150,000 of this amount each year on administration, coordination, and oversight activities related to Sustainable Building 2030. The balance of contract funds must be spent for subcontracts with not- for -profit energy organizations, architecture and engineering firms, and other qualified entities to undertake technical projects and activities in support of Sustainable Building 2030. The primary work to be accomplished each year by qualified technical experts under subcontracts is the development and thorough justification of recommendations for specific energy - efficiency performance standards. Additional work may include: (1) research, development, and demonstration of new energy - efficiency technologies and techniques suitable for commercial, industrial, and institutional buildings; (2) analysis and evaluation of practices in building design, construction, commissioning and operations, and analysis and evaluation of energy use in the commercial, industrial, and institutional sectors; (3) analysis and evaluation of the effectiveness and cost - effectiveness of Sustainable Building 2030 performance standards, conservation improvement programs, and building energy codes; (4) development and delivery of training programs for architects, engineers, commissioning agents, technicians, contractors, equipment suppliers, developers, and others in the building industries; and Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 208 of 260 16 MINNESOTA STATUTES 2008 21613.241 (5) analyze and evaluate the effect of building operations on energy use. (e) The commissioner shall require utilities to develop and implement conservation improvement programs that are expressly designed to achieve energy efficiency goals consistent with the Sustainable Building 2030 performance standards. These programs must include offerings of design assistance and modeling, financial incentives, and the verification of the proper installation of energy - efficient design components in new and substantially reconstructed buildings. A utility making an expenditure under its conservation improvement program that results in a building meeting the Sustainable Building 2030 performance standards may claim the energy savings toward its energy- savings goal established in subdivision le. (f) The commissioner shall report to the legislature every three years, beginning January 15, 2010, on the cost - effectiveness and progress of implementing the Sustainable Building 2030 performance standards and shall make recommendations on the need to continue the program as described in this section. History: 1980 c 579 s 18; 1980 c 614 s 123; 1981 c 356 s 182,248; 1982 c 561 s 4; 1983 c 179 s 6 -8; 1989 c 338 s 2,3; 1991 c 235 art I s 2; 1992 c 478 s 2,3; 1993 c 249 s 31; 1994 c 483 s 1; 1994c641 art 3s1; art 4s4; 1994c644s3; 1998c273s11; 1998c350s1; 1999c140s 2 -7; 2001 c 212 art 8 s 4 -7,12; ISp2001 c 4 art 6 s 44- 46,77; 2003 c 130 s 12; ISp2003 c 11 art 2 s 5; art 3 s 4; 2004 c 216 s 3; 2005 c 97 art 7 s 1,2; 2007 c 10 s 5; 2007 c 57 art 2 s 21; 2007 c 136 art 2 s 5; 2008 c 278 s 2,3; 2008 c 296 art I s 9 Copyright © 2008 by the Revisor of Statutes, State of Minnesota. All Rights Reservg Page Number 209 of 260 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 10, 2009 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: $ 641,113.36 Checks # 78231 thru # 78286 dated 04/21/09 thru 04/28/09 $ 340,191.77 Disbursements via debits to checking account dated 04/17/09 thru 04/24/09 $ 214,982.62 Checks # 78287 thru # 78339 dated 4/28/09 thru 5/05/09 $ 148,337.84 Disbursements via debits to checking account dated 4/24/09 thru 5/05/09 $ 1,344,625.59 Total Accounts Payable n n 11 11 $ 486,673.08 Payroll Checks and Direct Deposits dated 05/01/09 $ 2,629.43 Payroll Deduction check # 1007148 thru # 1007149 dated 05/01/09 $ 489,302.51 Total Payroll $ 1,833,928.10 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 necessary. kf attachments HAAppr Clms - Council files 2009V+prClms 4 -24 and 5- 11.xls Packet Page Number 210 of 260 04/24/2009 Check ]8231 ]8232 ]8233 ]8234 ]8235 ]8236 ]823] ]8238 ]8239 ]8240 ]8241 ]8242 ]8243 ]8244 ]8245 ]8246 ]824] ]8248 ]8249 ]8250 ]8251 ]8252 ]8253 ]8254 ]8255 ]8256 ]825] ]8258 ]8259 ]8260 ]8261 ]8262 ]8263 ]8264 ]8265 ]8266 ]826] ]8268 ]8269 ]82]0 ]82]1 ]82]2 ]82]3 ]82]4 ]82]5 ]82]6 18211 ]82]8 ]82]9 ]8280 ]8281 ]8282 ]8283 ]8284 ]8285 ]8286 Check Register City of Maplewood Date Vendor 04212009 02033 MN TWINS 04212009 02359 WALLY'S UPHOLSTERY 04232009 00309 COMMISSIONER OF TRANSPORTATION 04232009 04273 MN MANAGEMENT &BUDGET 04232009 04270 MICHAEL JOHNSON 04232009 01345 RAMSEY COUNTY 04282009 02728 KIMLEY- HORN &ASSOCIATES INC 04282009 01819 PAETEC 04282009 01546 SUBURBAN SPORTSWEAR 04282009 00504 1STLINE /LEEWES VENTURES LLC 04282009 00058 CRAIG AICHELE 04282009 04169 ALLOY WELDING & MFG., INC. 04282009 03738 BETHEL &ASSOCIATES, PA 04282009 04269 KEVIN BRUCKNER 04282009 04268 BZBODY FITNESS 04282009 03874 COMMERCIAL FURNITURE SERVICES 04282009 04200 PETER DEGRANDE 04282009 00412 DONALD SALVERDA &ASSOCIATES 04282009 03569 ELPIS ENTERPRISES 04282009 02635 G -WHIZ LETTERING 04282009 00543 GE CAPITAL 04282009 00543 GE CAPITAL 04282009 04266 COLLEEN LAYMAN 04282009 00857 LEAGUE OF MINNESOTA CITIES 04282009 00875 LOFFLER BUSINESS SYSTEMS 04282009 03818 MEDICA 04282009 04060 MES -MICAS 04282009 04060 MES -MICAS 04282009 00985 METROPOLITAN COUNCIL 04282009 01085 MN LIFE INSURANCE 04282009 01089 MN UC FUND 04282009 01075 MN /SA I A. 04282009 01175 CITY OF NORTH ST PAUL 04282009 00001 ONETIME VENDOR 04282009 00001 ONETIME VENDOR 04282009 00001 ONETIME VENDOR 04282009 00001 ONETIME VENDOR 04282009 04272 PARAGON SOLUTIONS GROUP, INC. 04282009 01254 PEPSI-COLA COMPANY 04282009 04267 ROBERT H. PETERSON 04282009 03643 THE PLAY COMPANY LLC 04282009 01302 STEVEN PRIEM 04282009 00396 DEPT OF PUBLIC SAFETY 04282009 00396 DEPT OF PUBLIC SAFETY 04282009 00396 DEPT OF PUBLIC SAFETY 04282009 04210 PULSE LAND GROUP, INC. 04282009 04271 RUG SYSTEMS INC. 04282009 03879 SANSIO 04282009 02274 SPRINT 04282009 01836 CITY OF ST PAUL 04282009 01836 CITY OF ST PAUL 04282009 01836 CITY OF ST PAUL 04282009 01522 STATE OF MINNESOTA 04282009 01574 TA. SCHIFSKY &SONS, INC 04282009 03088 JOSEPH TRAN 04282009 01691 U S POLICE CANINE ASSN INC 04282009 02069 ULTIMATE DRAIN SERVICES INC 04282009 03334 UNIQUE PAVING MATERIALS CORP 04282009 02464 US BANK 04282009 01750 THE WATSON CO INC 04282009 01750 THE WATSON CO INC 04282009 03378 MATT WOEHRLE 56 Checks in this report. Description DARE TWINS GAME TICKETS DOWNPMT - MANUFACTURING & REGISTRATION FEE REGISTRATION FEE PERFORMANCE MCC 4/23 PROJ 07-14 BACK TAXES PROJ 0 8-13 PROF SRVS THRU 3/31 LOCAL PHONE SERVICE 3/16 -4/15 LIFEGUARD UNIFORMS MDSE FOR RESALE REIMB FOR MILEAGE 4/15 FLATBED FOR HAULING EQUP RETAINER FOR LEGAL SRVS- MAY REIMB FOR EMT NAT IT REGISTRY 3/19 EDUCATION SEMINAR LOSEZWIN PROD OFFICE FURNITURE SOCCER CLINIC INSTRUCTOR BOOKS ADS EFFECTIVE MOST PROD INSTRUCTOR- BUILD A BATHOUSE LOGO EMBROIDERY- DISPATCHER SHIRT LEASE ON RICOH MP1100 RICOH COPIER -APRIL REIMB FOR MEALS 4/15 JOINT LEGISLATIVE CONFERENCE OLYMPUS DS2400 DIGITAL VOICE MONTHLY PREMIUM -MAY SCBA REPAIR SCBA REPAIR WASTEWATER -MAY MONTHLY PREMIUM -MAY QUARTERLY UNEMPLOYMENT-1ST QTR MEMBERSHIP DUES MONTHLY UTILITIES REFUND C TELLE AVE 08138 REIMB D BRYANT FOR TOWING REFUND D OSTERMAN HP BENEFIT REIMB D WESSELS MILESTONE SOFTWARE MDSE FOR RESALE REIMB FOR MILEAGE 4/4 CAPS & PLUGS FOR MAGIC ISLAND REIMB FOR MILEAGE 4/15 1 ST QTR PMT TRANSFER TITLES OF FORFEITED TRANSFER TITLES OF FORFEITED CONSULTANT FEE FOR COMP PLAN REPAIR RADAR GUN -SPEED DISPLAY EMS RUNSHEETS/MONTHLY SUB- MAY MONTHLY CELL PHONE PMT2/155/14 HOT MIX CRIME LAB SERVICES -MARCH 11X11 RECYCLED COPY PAPER DOT INSPECTION DECALS RE -CYCLE BASE FOR ROAD REPAIR REIMB FOR TUITION & BOOKS 2264/9 K-9 ASSOCIATION DUES PROJ 0 8-10 SEWER TELEVISING WINTER PATCHING MATERIALS FUNDS FOR ATM MDSE FOR RESALE MDSE FOR RESALE REIMB FOR SAFETY BOOTS 4/20 Amount 4,880 00 4,200 00 10000 2900 2,500 00 3]325 188,42555 1,489 63 320 00 26475 1650 5 538 00 6,600 00 ]000 26970 8 243 ]9 580 00 ]6 52 10500 1300 89]]1 352 28 3000 8000 11,60424 148,189 ]9 80106 549 54 213,483 08 3 561 50 1 97648 1800 2503 ]1 435 00 17485 14000 1131 8,003 85 90440 10120 1695 1]60 1920 00 6000 40 00 1,01818 12500 61459 5 444 62 639 64 310 00 19 11 4800 11460 73874 4000 24500 21]69 12,000 00 25253 166 02 18530 Packet Page Number 211 of 260 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 04/17/09 0420/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 12,700.25 04/17/09 0420/09 ICMA(Vantagepointe) Deferred Compensation 3,444.65 04/17/09 0420/09 Great West Deferred Compensation 24,222.00 04/17/09 0420/09 MN Dept of Natural Resources DNR electronic licenses 1,259.00 04/17/09 0420/09 MN Dept of Natural Resources DNR electronic licenses 38.50 0420/09 0421/09 Tue MN State Treasurer Drivers License /Deputy Registrar(city clrk) 17,884.63 0420/09 0421/09 US Treasurer Federal Payroll Tax (FICA) 113,730.46 0420/09 0421/09 PERA PERA 80,213.41 0420/09 0421/09 MN Dept of Revenue Sales Tax 5,267.00 0421/09 0422/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,829.60 0421/09 0422/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,415.66 0421/09 0422/09 ARC Administration HRA Flex plan 8,578.16 0421/09 0422/09 Labor Unions Union Dues 3,439.22 0421/09 0422/09 WI Dept of Revenue State Payroll Tax 1,099.49 0421/09 0422/09 MN State Treasurer State Payroll Tax 22,647.03 0422/09 0423/09 Thurs MN State Treasurer Drivers License /Deputy Registrar(city clrk) 10,918.45 0423/09 0424/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,790.32 0423/09 0424/09 ARC Administration DCRP & Flex plan payments 1,713.94 TOTAL *Detailed listing of VISA purchases is attached. 340,191.77 Packet Page Number 212 of 260 Check Register City of Maplewood 05/01/2009 Check Date Vendor 483.58 78287 04/28/2009 00384 DE LAGE LANDEN FINANCIAL SRVS 78288 05/05/2009 02728 KIMLEY -HORN &ASSOCIATES INC 78289 05/05/2009 01190 XCEL ENERGY K -9 MAINTENANCE - MAY 05/05/2009 01190 XCEL ENERGY REFUND CAREYCANCELLED 05/05/2009 01190 XCEL ENERGY MONTHLY PREMIUM - MAY 05/05/2009 01190 XCEL ENERGY REIMB UNIFORMS 4/11 -4/24 05/05/2009 01190 XCEL ENERGY 78290 05/05/2009 03513 BRIAN BIERDEMAN 78291 05/05/2009 00254 CAPITOL COMMUNICATIONS 78292 05/05/2009 02149 HEIDI CAREY 78293 05/05/2009 03310 CDW GOVERNMENT INC 78294 05/05/2009 02929 CNAGLAC 78295 05/05/2009 02743 RICHARD DOBLAR 78296 05/05/2009 00471 VIRGINIA ERICKSON 78297 05/05/2009 00003 ESCROW REFUND 78298 05/05/2009 03516 ANTHONY GABRIEL 78299 05/05/2009 00612 GYM WORKS INC 78300 05/05/2009 04206 H.A. KANTRUD 78301 05/05/2009 04274 MIKE HAGEN 78302 05/05/2009 02782 IN FRATECH TECHNOLOGIES INC REIMB FOR MILEAGE 4/4 -4/5 05/05/2009 02782 IN FRATECH TECHNOLOGIES INC 78303 05/05/2009 00393 DEPT OF LABOR & INDUSTRY 78304 05/05/2009 00393 DEPT OF LABOR & INDUSTRY 78305 05/05/2009 03636 SCOTTLANGNER 78306 05/05/2009 02060 CITY OF LITTLE CANADA 78307 05/05/2009 02823 JERROLD MARTIN 78308 05/05/2009 01951 MEDICARE REFUND 78309 05/05/2009 01035 MN CHAPTER IAAI 78310 05/05/2009 01126 MN NCPERS LIFE INSURANCE 78311 05/05/2009 03622 MN OFFICE OF ENTERPRISE TECH 78312 05/05/2009 01181 NORTHEAST SUBURBAN TRANSIT 78313 05/05/2009 03789 MICHAEL NYE 78314 05/05/2009 00001 ONE TIME VENDOR 78315 05/05/2009 00001 ONE TIME VENDOR 78316 05/05/2009 00001 ONE TIME VENDOR 78317 05/05/2009 04277 ORBIS 78318 05/05/2009 04235 CAYLA PENN 78319 05/05/2009 02640 PERCS INDEX INC 78320 05/05/2009 01283 POST BOARD 78321 05/05/2009 00396 DEPT OF PUBLIC SAFETY 78322 05/05/2009 00396 DEPT OF PUBLIC SAFETY 78323 05/05/2009 04275 JIM RAINEY 78324 05/05/2009 04221 RANDYS MEATS & GOOD STUFF 05/05/2009 04221 RANDYS MEATS & GOOD STUFF 78325 05/05/2009 04054 STEVEN REED 78326 05/05/2009 01409 S.E.H. 05/05/2009 01409 S.E.H. 05/05/2009 01409 S.E.H. 05/05/2009 01409 S.E.H. 05/05/2009 01409 S.E.H. 05/05/2009 01409 S.E.H. 05/05/2009 01409 S.E.H. 78327 05/05/2009 01418 SAM'S CLUB DIRECT 78327 05/05/2009 01418 SAM'S CLUB DIRECT 05/05/2009 01418 SAM'S CLUB DIRECT 05/05/2009 01418 SAM'S CLUB DIRECT Description Amount COPIER LEASE -APRIL 483.58 PROJ 09 -04 PROF SRVS THRU 3/31 35,209.29 METERED SPEED SIGN 11.41 ELECTRIC & GAS UTILITY 20,228.31 ELECTRIC & GAS UTILITY 6,750.40 ELECTRIC UTILITY 1,239.04 ELECTRIC UTILITY 54.82 K -9 MAINTENANCE - MAY 35.00 MOBILE RADIOS FOR MCC 378.87 REFUND CAREYCANCELLED 70.00 SMARTNET RENEWAL FOR 7,591.93 MONTHLY PREMIUM - MAY 531.50 SECURITY AT MCC FOR WEDDING 4/11 245.00 REIMB UNIFORMS 4/11 -4/24 107.62 ESCROW REL T KULVICH 1065 CENTURY 500.00 K -9 MAINTENANCE - MAY 35.00 SERVICE WORK ON MCC EXERCISE 120.00 PROSECUTION & LEGAL SERVICES - 16,500.00 REIMB FOR MILEAGE 4/18 -4/19 103.40 PROJ 08 -10 SEWER TELEVISING 2,835.00 PROJ 08 -10 SEWER TELEVISING 1,230.00 LICENSE TO OPERATE ELEVATOR 100.00 RENEW BLDG OFFICIAL CERTIFICATION 20.00 REIMB FOR TUITION I/9 -3/27 753.75 WALTER STREET TRAIL CONSTRUCTION 31,684.88 REIMB FOR UNIFORM 4/15 174.54 REFUND MEDICARE AMB 081702 317.63 REGISTRATION FEE 50.00 PERA LIFE INSURANCE -MAY 432.00 WIDE AREA NE - MARCH 392.00 CONTRIBUTION TO NEST 32,780.00 REIMB FOR TUITION & BOOKS 12/17 - 785.92 REIMB S JADER REPAIRS TO 146.76 REFUND MOBILE MAINT DUP PERMIT 115.50 REFUND P ROBINSON OVERPMT 20.00 COMPOST BINS 3,100.00 APRIL 23RD CONCERT USHERING 40.00 SUPPORT CONTRACT 500.00 POLICE OFFICER LICESNSES 1,350.00 REGISTRATION FEES 240.00 STORAGE FEE HAZARDOUS CHEMICALS 25.00 REIMB FOR MILEAGE 4/4 -4/5 143.55 MDSE FOR RESALE 169.44 MDSE FOR RESALE 117.29 DJ SERVICESAT MCC4 /24 200.00 ENGINEERING FEES 25,905.83 ENGINEERING FEES 5,000.00 PROJ 05 -18 ENGINEERING FEES 3,031.51 PROJ 06 -02 ENGINEERING FEES 678.30 ENGINEERING FEES 610.14 PROJ 04 -21 ADMIN FEES 434.73 PROJ 06 -05 ENGINEERING FEES 177.99 MDSE FOR RESALE 387.71 CARVER GYM & EARTH DAYSUPPLIES 300.60 MDSE FOR RESALE 259.05 B -DAY FROG SUPPLIES 96.06 Packet Page Number 213 of 260 Packet Page Number 214 of 260 05/05/2009 01418 SAM'S CLUB DIRECT B -DAY FROG & KIDS CLUB SUPPLIES 45.14 05/05/2009 01418 SAM'S CLUB DIRECT B -DAY FROG SUPPLIES 42.72 05/05/2009 01418 SAM'S CLUB DIRECT B -DAY FROG SUPPLIES 42.72 05/05/2009 01418 SAM'S CLUB DIRECT DAY CAMP & PRESCHOOL SUPPLIES 33.24 05/05/2009 01418 SAM'S CLUB DIRECT DAYCAMP SUPPLIES 8.90 78328 05/05/2009 02192 JIM SCHINDELDECKER REIMB FOR SAFETY BOOTS 4/27 114.99 78329 05/05/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 60.34 05/05/2009 04043 SCHWAN FOOD CO MDSE FOR RESALE 40.56 78330 05/05/2009 01455 MICHAEL SHORTREED REIMB FOR PARKING 4/22 12.00 78331 05/05/2009 01665 TWIN CITY HARDWARE CO INSTALL REPLACEMENT DOORS MCC 260.00 78332 05/05/2009 00449 TYLER TECHNOLOGIES INC PROJECT MGMT &TOP- LICENSE FEES 406.25 78333 05/05/2009 02069 ULTIMATE DRAIN SERVICES INC PROJ 08 -10 SEWER TELEVISING 245.00 78334 05/05/2009 00529 UNION SECURITY INSURANCE CO LTD PLAN 4043120 -2- MAY 2,771.11 05/05/2009 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -1 - MAY 1,809.30 78335 05/05/2009 01698 UNITED WAY OF THE ST. PAUL QTR PMT -1ST 78.00 78336 05/05/2009 02464 US BANK PAYING AGENT FEES 750.00 78337 05/05/2009 04278 VILLA LANDSCAPES DOVMPMT- REPAIR OF STAIRS FROM 2,300.00 78338 05/05/2009 04179 VISUAL IMAGE PROMOTIONS PROGRAMMING DISPLAY SIGN MCC- 250.00 78339 05/05/2009 04276 YOUNG REBRANDTS CLASS FEES 3/26 -4/30 480.00 05/05/2009 04276 YOUNG REBRANDTS CLASS FEES 3/28 -5/2 240.00 05/05/2009 04276 YOUNG REBRANDTS CLASS FEES 3/25 -4/29 192.00 53 Checks in this report. 214.982.62 Packet Page Number 214 of 260 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 0424/09 0427/09 Mon MN State Treasurer Drivers License /Deputy Registrancity clrk) 11,787.91 0424/09 0427/09 MN Dept of Natural Resources DNR electronic licenses 1,791.00 0424/09 0427/09 MN Dept of Natural Resources DNR electronic licenses 80.00 0427/09 0428/09 Tue MN State Treasurer Drivers License /Deputy Registrancity clrk) 21,413.76 0428/09 0429/09 Wed MN State Treasurer Drivers License /Deputy Registrancity clrk) 6,355.75 0428/09 0429/09 MN State Treasurer Drivers License /Deputy Registrancity clrk) 23,101.54 0429/09 04/30/09 Thu MN State Treasurer Drivers License /Deputy Registrancity clrk) 13,310.48 0429/09 04/30/09 US Bank VISA One Card* Purchasing Card Items 50,793.34 04/30/09 05/01/09 Fri MN State Treasurer Drivers License /Deputy Registrancity clrk) 18,605.75 04/30/09 05/01/09 WI Dept of Revenue State Payroll Tax 1,098.31 TOTAL *Detailed listing of VISA purchases is attached. 148,337.84 Packet Page Number 215 of 260 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK tt CHECK DATE EMPLOYEE NAME AMOUNT 05 /01 /09 BRUNSBERG. STEVEN 100.00 05/01/09 HJELLE, ERIK 416.42 05/01/09 IUENEMANN, KATHLEEN 416.42 05/01/09 NEPHEW, JOHN 416.42 05/01/09 PERKINS MATTHEW 117.50 05/01/09 ROSSBACH, WILLIAM 416.42 05/01/09 AHL, R. CHARLES 5,121.44 05 /01 /09 ANTONEN_JAMES 5.800.00 05/01/09 BURLINGAME, SARAH 1772.44 05 /01 /09 CHRISTENSON, SCOTT 2.025.51 05/01/09 FARR, LARRY 2.542.04 05/01/09 IAHN DAVID 1788.37 05 /01 /09 RAMEAUX. THERESE 2.942.54 05/01/09 FORMANEK, KAREN 1633.35 05/01/09 MITTET, ROBERT 3 572.04 05/01/09 ANDERSON, CAROLE 1 939.60 05/01/09 DEBILZAN,.NDY 1089.60 05 /01 /09 JACKSON, MARY 2.042.95 05/01/09 KELSEY, CONNIE 2494.27 05/01/09 LAYMAN, COLLEEN 2742.27 05/01/09 CAREY, HEIDI 2377.35 05/01/09 GUILFOILE, KAREN 4118.10 05/01/09 KROLL, LISA 1 883.21 05/01/09 NEPHEW, MICHELLE 1441.35 05/01/09 SCHMIDT. DEBORAH 2.281.66 05/01/09 SPANGLER, EDNA 996.33 05/01/09 CORTESI, LUANNE 935.85 05/01/09 IAGOE, CAROL 1,833.17 05/01/09 KELLY. LISA 1198.55 05/01/09 LARSON, MICHELLE 1147.27 05/01/09 MECHELKE, SHERRIE 1113.45 05/01/09 MOY, PAMELA 1 025.13 05/01/09 OSTER, ANDREA 1 833.17 05/01/09 WEAVER, KRISTINE, 2118.98 05/01/09 ARNOLD AiLA 1 264.00 05 /01 /09 CORCORAN, THERESA 1.828.55 05/01/09 PALANK MARY 1830.86 05/01/09 POWELL PHILIP 2.818.15 05 /01 /09 SVENDSEN_JOANNE 2.050.26 05/01/09 THOMALLA, DAVID 4.839.74 05/01/09 YOUNG, TAMELA 1 828.55 05/01/09 ABEL, CLINT 2.962.49 05/01/09 ALDRIDGE, MARK 2.804.87 05/01/09 BAKKE, LONN 2.869.00 Packet Page Number 216 of 260 05/01/09 BARTZ, PAUL 3,227.72 05/01/09 BELDE STANLEY 2.843.35 05 /01 /09 BENJAMIN, MARKESE 2.205.83 05/01/09 BIERDEMAN BRIAN 3136.32 05/01/09 BOHL,IOHN 3379.51 05/01/09 BUSACK, DANIEL 3 592.70 05/01/09 COFFEY, KEVIN 2718.12 05/01/09 CROTTY, KERRY 3195.49 05/01/09 DEMULLING, JOSEPH 2.093.98 05/01/09 DOBLAR, RICHARD 3 281.56 05/01/09 FRITZE, DEREK 2165.81 05/01/09 GABRIEL, ANTHONY 3 037.92 05/01/09 HAWKINSON JR, TIMOTHY 2.222.76 05/01/09 HER, PHENG 1 857.49 05/01/09 HIEBERT, STEVEN 3433.30 05/01/09 JOHNSON, KEVIN 4394.10 05/01/09 KALKA, THOMAS 821.48 05/01/09 KARTS, FLINT 3.666.95 05/01/09 KONG TOMMY 2 05/01/09 KREKELER, NICHOLAS 740.92 05/01/09 KROLL, BRETT 2.693.52 05/01/09 KVAM, DAVID 3 980.20 05/01/09 LANGNER, TODD 2.647.62 05/01/09 LARSON, DANIEL 2774.23 05/01/09 LU,IOHNNIE 2778.41 05/01/09 MARINO, JASON 2779.62 05 /01 /09 MARTIN_JERROLD 2.900.96 05 /01 /09 MCCARTY. GLEN 2.923.24 05/01/09 METRY ALESIA 3431.52 05/01/09 NYE, MICHAEL 3 062.52 05/01/09 OLSON, JULIE 2.876.77 05/01/09 PALMA, STEVEN 3 058.24 05/01/09 RABBETT, KEVIN 3 845.60 05/01/09 RHUDE, MATTHEW 2755.02 05/01/09 SHORTREED, MICHAEL 3 881.66 05/01/09 STEFFEN, SCOTT 3 200.46 05/01/09 STEINER JOSEPH 3 003.57 05/01/09 SYPNIEWSKI, WILLIAM 2.681.98 05/01/09 SZCZEPANSKI, THOMAS 2.894.94 05/01/09 TALTZELL BRIAN 1 840.88 05/01/09 IRAN, JOSEPH 2.976.42 05/01/09 WENZEL, JAY 2761.66 05/01/09 XIONG, KAO 2.670.44 05/01/09 BERGERON, JOSEPH 3 827.96 05/01/09 DUGAS, MICHAEL 3108.04 05/01/09 ERICKSON, VIRGINIA 3 007.62 05/01/09 FLOR, TIMOTHY 3710.81 05/01/09 FRASER, JOHN 3058.24 05/01/09 LANGNER, SCOTT 2.896.00 05/01/09 THEISEN, PAUL 2.926.40 05/01/09 THIENES PAUL 2.956.73 05/01/09 BAUMAN, ANDREW 2.280.74 05/01/09 DAWSON RICHARD 2.841.58 05 /01 /09 DOLLERSCHELL. ROBERT 293.39 Packet Page Number 217 of 260 05/01/09 EVERSON, PAUL 3031.24 05/01/09 FOSSUM, ANDREW 2,499.66 05/01/09 HALWEG, JODI 2.567.75 05/01/09 JUNGMANN BERNARD 3 279.71 05/01/09 NOVAK, JEROME 2740.96 05/01/09 OLSON, JAMES 2.697.84 05/01/09 PERBIX, CHARLES 2.622.38 05/01/09 PETERSON ROBERT 2.814.52 05/01/09 RICHARDSON, ANDREA 2 05/01/09 SEDLACEK, JEFFREY 2.600.34 05/01/09 STREFF, MICHAEL 2337.68 05/01/09 SVENDSEN, RONALD 3 034.94 05/01/09 GERVAIS -JR. CLARENCE 3.440.23 05/01/09 ELKIN, STEVEN 4387.97 05 /01 /09 ZWIEG. SUSAN 2.209.98 05/01/09 KNUTSON, LOTS 1848.55 05/01/09 NIVEN, AMY 1371.42 05/01/09 PRIEFER, WILLIAM 2705.97 05/01/09 BRINK, TROY 2.543.95 05/01/09 BUCKLEY, BRENT 1,798.55 05/01/09 DEBILZAN, THOMAS 2.088.56 05/01/09 EDGE, DOUGLAS 2.074.55 05/01/09 JONES,DONALD 2.064.55 05/01/09 MEISSNER, BRENT 1.626.15 05/01/09 MEYER, GERALD 2147.39 05/01/09 NAGEL BRYAN 3105.66 05/01/09 OSWALD, ERICK 2.271.57 05/01/09 RUNNING, ROBERT 2331.93 05/01/09 TEVLIN, TODD 2.088.55 05/01/09 BURLINGAME, NATHAN 1761.35 05/01/09 DUCHARME, JOHN 2.634.06 05 /01 /09 ENGSTROM, ANDREW 2.289.65 05/01/09 JACOBSON, SCOTT 2.277.36 05/01/09 JAROSCH, JONATHAN 2744.00 05/01/09 KREGER, JASON 2.218.46 05 /01 /09 KUMMER. STEVEN 2.890.95 05/01/09 LINDBLOM, RANDAL 2.636.37 05/01/09 LOVE, STEVEN 2.675.77 05/01/09 O'CONNOR. DONOVAN 754.00 05/01/09 THOMPSON, MICHAEL 3,641.38 05 /01 /09 ZIEMAN. SCOTT 211.20 05/01/09 EDSON, DAVID 2,106.68 05/01/09 HINNENKAMP, GARY 2.077.66 05 /01 /09 MARUSKA. MARK 3.090.00 05/01/09 NAUGHTON, JOHN 2.064.55 05/01/09 NORDQUIST, RICHARD 2066.86 05/01/09 NOVAK, MICHAEL 601.21 05/01/09 SCHINDELDECKER, JAMES 2.069.17 05/01/09 BIESANZ, OAKLEY 1 05/01/09 DEAVER CHARLES 538.51 05/01/09 GERNES, CAROLE 510.88 05/01/09 HAYMAN, JANET 1 05/01/09 HUTCHINSON, ANN 2.546.16 Packet Page Number 218 of 260 05 /01 /09 SOUTTER, CHRISTINE 152.50 05/01/09 WACHAL KAREN 755.08 05/01/09 FINWALL SHANN 2.989.36 05/01/09 FRY, PATRICIA 1 898.06 05/01/09 GAYNOR, VIRGINIA 2.827.97 05 /01 /09 HALL, KATHLEEN 162.00 05/01/09 KONEWKO, DUWAYNE 4,162.50 05/01/09 SINDT, ANDREA 1 05/01/09 THOMPSON, DEBRA 731.42 05/01/09 EKSTRAND, THOMAS 3 05/01/09 MARTIN, MICHAEL 2344.55 05/01/09 BRASH, JASON 2111.75 05/01/09 CARVER, NICHOLAS 3118.02 05/01/09 FISHER, DAVID 3.687.08 05/01/09 RICE, MICHAEL 2,486.15 05/01/09 SWAN DAVID 2.559.75 05 /01 /09 WELLENS. MOLLY 1.522.21 05 /01 /09 BERGER, STEPHANIE 382.50 05/01/09 WORK, BRANDON 341.00 05 /01 /09 .IANASZAK. MEGHAN 810.00 05/01/09 KOHLMAN, JENNIFER 183.25 05 /01 /09 ROBB INS, AUDRA 2.513.20 05/01/09 ROBBINS. CAMDEN 43.75 05/01/09 SCHALLER, SCOTT 347.63 05/01/09 SHERRILL, CAITLIN 607.63 05/01/09 STAPLES, PAULINE 3,309.18 05/01/09 TAUBMAN, DOUGLAS 3 208.66 05/01/09 TAYLOR, JAMES 2170.42 05 /01 /09 ADAMS. DAVID 1.550.95 05/01/09 GERMAIN. DAVID 2.073.79 05 /01 /09 HAAG. MARK 2.090.22 05/01/09 NADEAU, EDWARD 3485.52 05/01/09 SCHULTZ, SCOTT 2367.87 05/01/09 ANZALDI MANDY 1.633.51 05/01/09 BERGLUND, DANIEL 326.50 05/01/09 BRENEMAN NEIL 1 05/01/09 CRAWFORD -JR. RAYMOND 862.50 05/01/09 DICKS, JOHN 270.00 05/01/09 EVANS, CHRISTINE 1,173.84 05/01/09 FABIO- SHANLEY, MICHAEL 183.70 05/01/09 CLASS, JEAN 2.041.87 05/01/09 HANSEN, LORI 2.692.83 05/01/09 HER, CHONG 488.00 05 /01 /09 HER PETER 259.00 05 /01 /09 HIX. MELINDA 96.25 05 /01 /09 HOFMEISTER, MARY 919.11 05 /01 /09 HOFMEISTER. TIMOTHY 352.00 05/01/09 PELOQUIN, PENNYE 584.43 05 /01 /09 PENN, CHRISTINE 1.930.00 05 /01 /09 SCHOENECKER, LEIGH 459.00 05 /01 /09 YANG, KAY 232.00 05/01/09 YANG TIM 174.00 05 /01 /09 AICHELE, MEGAN 96.00 05/01/09 BAUDE, SARAH 159.75 Packet Page Number 219 of 260 05/01/09 BEITLER, .JULIE 68.00 05/01/09 BENJAMIN, AYLA 118.80 05/01/09 BIGGS, ANNETTE 53.13 05/01/09 BRUSOE, AMY 132.50 05 /01 /09 BRUSOE. CRISTINA 259.31 05/01/09 BUCKLEY, BRITTANY 74.25 05 /01 /09 CAMPBELL_ JESSICA 90.00 05/01/09 CLARK, PAMELA 144.00 05/01/09 COLEMAN, DAYSHIA 28.13 05/01/09 DEMPSEY, BETH 104.13 05/01/09 DUNN RYAN 1,036.87 05/01/09 ERICKSON- CLARK, CAROL 47.50 05/01/09 FLACKEY, MAUREEN 73.75 05/01/09 GIEL, NICOLE 68.00 05/01/09 GRUENHAGEN, LINDA 326.95 05/01/09 HOLMBERG, LADONNA 449.00 05 /01 /09 HORWATH. RONALD 2.513.20 05/01/09 JOHNSON_JAMES 145.38 05/01/09 JOSSART, ANGELA 34.00 05/01/09 TOYER, IENNA 42.60 05 /01 /09 KOGLER. RYAN 204.00 05/01/09 KRON IOLM, KATHRYN 507.84 05 /01 /09 KURZHAL. ALISON 24.50 05 /01 /09 LAMEYER, ZACHARY 125.93 05/01/09 MANZELLA, TERESA 34.00 05 /01 /09 MATESKI, WAYNE 53.00 05/01/09 MCCANN NATALIE 72.00 05 /01 /09 MCCARTHY, ERICA 93.00 05/01/09 NADEAL7, KELLY 103.50 05 /01 /09 OBRIEN_JULIE 120.00 05/01/09 OLSON, SANDRA 546.00 05 /01 /09 PEHOSKI_JOEL 50.00 05/01/09 PROESCH, ANDY 459.42 05/01/09 RENFORD, NATHAN 225.75 05/01/09 RHODY, DIANE, 561.00 05 /01 /09 RICHTER, DANIEL 106.50 05/01/09 RICHTER, NANCY 1,264.18 05 /01 /09 RONNENG. ISAIAH 112.00 05 /01 /09 SCHAEFER, NATALIE 28.50 05 /01 /09 SCHREIER, ROSEMARIE 124.25 05/01/09 SCHUNEMAN, GREGORY 65.73 05 /01 /09 SIERVEN, BRENDA 85.00 05 /01 /09 SKAAR. SAMANTHA 126.00 05 /01 /09 SKUNES, KELLY 49.00 05/01/09 SMITH, ANN 177.60 05 /01 /09 SMITLEY. SHARON 100.60 05/01/09 TUPY ELIANA 34.00 05/01/09 TUPY HEIDE 266.40 05/01/09 TUPY MARCUS 276.60 05/01/09 WARNER, CAROLYN 336.70 05 /01 /09 WEDES. CARYL 98.00 05/01/09 WEEVER, NAOMI 84.00 05/01/09 WOLFGRAM, TERESA 104.64 Packet Page Number 220 of 260 Packet Page Number 221 of 260 05 /01 /09 WOODMAN, ALICE 92.00 05 /01 /09 YOUNCE. BLAISE 94.50 05/01/09 ZALK, FDA 49.70 05/01/09 BOSLEY, CAROL 369.00 05 /01 /09 HOLMGREN. STEPHANIE 153.00 05/01/09 LANCER, CHELSEA 148.00 05/01/09 LANCER, KAYLYN 146.75 05/01/09 SATTLER, MELINDA 48.00 05/01/09 ZAGER, LINNEA 211.38 05/01/09 BEHAN, JAMES 1,997.52 05/01/09 CURRAN, JAMES 360.00 05/01/09 DOUGLASS, TOM 1,282.36 05 /01 /09 LONETTI_JAMES 420.00 05 /01 /09 MALONEY, SHAWNA 140.00 05 /01 /09 PRINS, KELLY 1.220.22 05/01/09 REILLY, MICHAEL 1 05 /01 /09 SCHOENECKER. KYLE 105.50 05 /01 /09 VALERIO. TARA 232.00 05/01/09 HAMRE, MILES 1,287.00 05 /01 /09 AICHELE. CRAIG 2.125.19 05 /01 /09 PRIEM, STEVEN 2.322.15 05 /01 /09 WOEHRLE. MATTHEW 2.015.59 05/01/09 BERGO, CHAD 2574.18 05/01/09 FOWLDS, MYCHAL 3285.88 05 /01 /09 FRANZEN, NICHOLAS 2.242.10 1007124 05/01/09 LONGRIE. DIANA 473.15 1007125 05/01/09 STRAUTMANIS, MARTS 191.25 1007126 05/01/09 WELCHLIN, CABOT 2.855.76 1007127 05/01/09 GRAVES, CONNIE 40.00 1007128 05/01/09 VUE, FOR PAO 304.00 1007129 05/01/09 BUESING,DYLAN 49.00 1007130 05/01/09 FENCER, JUSTIN 119.85 1007131 05/01/09 GRANT, MELISSA 372.00 1007132 05/01/09 HANSOM, MATTHEW 123.25 1007133 05/01/09 MCCORMACK, MELISSA 70.00 1007134 05/01/09 MCLAURIN, CHRISTOPHER 420.00 1007135 05/01/09 MORIS, RACHEL 39.00 1007136 05/01/09 NWANOKWALE, MORDY 96.26 1007137 05/01/09 PIEPER, THEODORE 250.00 1007138 05/01/09 ROSTRON, ROBERT 434.00 1007139 05/01/09 SCHAEFER, JAMES 222.73 1007140 05/01/09 SCHMIDT. JOHN 49.70 1007141 05/01/09 WALKER, TYLER 87.50 1007142 05/01/09 DELACROIX, RYAN 362.50 1007143 05/01/09 HER, KIM 21.29 1007144 05/01/09 HER SHILLAME 108.00 1007145 05/01/09 BOWMAN, MATTHEW 180.08 1007146 05/01/09 SCHULZE, KEVIN 396.00 1007147 05/01/09 STEFFEN, MICHAEL 56.00 TOTAL 486,673.08 Packet Page Number 221 of 260 Trans Date Posting Date Merchant Name Trans Amount Name 04/14/2009 04/14/2009 U OF M CCE $200.00 R CHARLES AHL 04/19/2009 04/21/2009 GRAND VIEW LODGE & TENNIS $100.00 R CHARLES AHL 04/14/2009 04/16/2009 PERKINS 00010173 $22.07 JAMES ANTONEN 04/15/2009 04/16/2009 BAMBU ASIAN CUISINE $43.00 JAMES ANTONEN 04/14/2009 04/16/2009 1 PARTY SUPPLIES $137.91 MANDY ANZALDI 04/16/2009 04/20/2009 ORIENTAL TRADING CO $52.24 MANDY ANZALDI 04/17/2009 04/20/2009 PARTY AMERICA 1006 $162.21 MANDY ANZALDI 04/17/2009 04/20/2009 PARTY CITY #768 $85.71 MANDY ANZALDI 04/19/2009 04/20/2009 LITTLE CAESARS 1456 $92.08 MANDY ANZALDI 04/21/2009 04/22/2009 CUB FOODS, INC. $5.19 MANDY ANZALDI 04/21/2009 04/23/2009 JOANN ETC #1970 $19.61 MANDY ANZALDI 04/22/2009 04/24/2009 JOANN ETC #1970 $4.27 MANDY ANZALDI 04/23/2009 04/24/2009 TARGET 00011858 $44.84 MANDY ANZALDI 04/23/2009 04/24/2009 PARTY CITY #768 $109.05 MANDY ANZALDI 04/09/2009 04/13/2009 THE HOME DEPOT 2801 $7.44 LONN BAKKE 04/06/2009 04/13/2009 BLOOMINGTON SECURIT $61.11 JIM BEHAN 04/10/2009 04/13/2009 THE HOME DEPOT 2801 $1.26 JIM BEHAN 04/11/2009 04/13/2009 PROFEQU'1013261780 $58.30 JIM BEHAN 04/14/2009 04/16/2009 ADAM'S PEST CONTROL INC $149.93 JIM BEHAN 04/16/2009 04/20/2009 WALLY'S UPHOLS80110026 $763.55 JIM BEHAN 04/20/2009 04/21/2009 MUSKA LIGHTING CENTER $334.34 JIM BEHAN 04/13/2009 04/14/2009 GOOGLE'DISCOUNTCELL $94.80 CHAD BERGO 04/21/2009 04/22/2009 PETLAND $3.64 OAKLEY BIESANZ 04/11/2009 04/13/2009 HOLIDAY STNSTORE 0341 $30.00 RON BOURQUIN 04/13/2009 04/15/2009 MCDONALD'S F6493 $4.79 RON BOURQUIN 04/17/2009 04/20/2009 PETSMART INC 461 $35.14 NEIL BRENEMAN 04/20/2009 04/21/2009 PRICE CHOPPER INC $1,046.03 NEIL BRENEMAN 04/21/2009 04/22/2009 CUB FOODS, INC. $3.98 NEIL BRENEMAN 04/21/2009 04/22/2009 PETSMART INC 461 $27.72 NEIL BRENEMAN 04/22/2009 04/23/2009 CLOVER SUPER FOODS $248.58 NEIL BRENEMAN 04/14/2009 04/16/2009 THE HOME DEPOT 2801 $22.35 TROY BRINK 04/23/2009 04/24/2009 HENRIKSEN ACE HARDWARE $21.02 TROY BRINK 04/13/2009 04/14/2009 CUB FOODS, INC. $34.23 SARAH BURLINGAME 04/15/2009 04/16/2009 NATIONSTAMPS $35.53 SARAH BURLINGAME 04/15/2009 04/17/2009 OFFICE DEPOT #1090 $54.11 SARAH BURLINGAME 04/17/2009 04/20/2009 SHRED -IT $66.50 SARAH BURLINGAME 04/14/2009 04/16/2009 TIGER OAKS PUBLICATION $295.00 HEIDI CAREY 04/14/2009 04/16/2009 MICHAELS #2744 $85.21 HEIDI CAREY 04/16/2009 04/17/2009 CITY PAGES $860.00 HEIDI CAREY 04/16/2009 04/17/2009 CITY PAGES $200.00 HEIDI CAREY 04/16/2009 04/20/2009 LOCAL AD LINK $49.95 HEIDI CAREY 04/17/2009 04/17/2009 MSP COMMUNICATIONS $200.00 HEIDI CAREY 04/17/2009 04/20/2009 LEARNING RESOURCES NETWK $95.00 HEIDI CAREY 04/17/2009 04/20/2009 JUPITERIMAGES $599.00 HEIDI CAREY 04/15/2009 04/16/2009 CONSTBK'1013270712 $114.95 NICHOLAS CARVER 04/17/2009 04/20/2009 RED WING SHOE STORE $171.70 NICHOLAS CARVER 04/13/2009 04/15/2009 VIKING ELEC- CREDIT DEPT. $72.38 SCOTT CHRISTENSON 04/13/2009 04/15/2009 VIKING ELEC- CREDIT DEPT. $22.01 SCOTT CHRISTENSON 04/16/2009 04/20/2009 THE HOME DEPOT 2801 $76.53 SCOTT CHRISTENSON 04/16/2009 04/20/2009 THE HOME DEPOT 2801 $10.53 SCOTT CHRISTENSON 04/22/2009 04/23/2009 NOR'NORTHERN TOOL $137.99 SCOTT CHRISTENSON 04/13/2009 04/15/2009 RYCO SUPPLY CO $72.98 CHARLES DEAVER Packet Page Number 222 of 260 04/17/2009 04/20/2009 THE HOME DEPOT 2810 $31.96 CHARLES DEAVER 04/21/2009 04/22/2009 MENARDS 3022 $132.56 CHARLES DEAVER 04/21/2009 04/22/2009 MENARDS 3022 $22.39 CHARLES DEAVER 04/20/2009 04/22/2009 LTG POWER EQUIPMENT $13.41 THOMAS DEBILZAN 04/15/2009 04/16/2009 HYDROLOGIC $84.66 DAVE EDSON 04/15/2009 04/16/2009 HYDROLOGIC $15.68 DAVE EDSON 04/16/2009 04/17/2009 HYDROLOGIC $36.17 DAVE EDSON 04/16/2009 04/17/2009 HYDROLOGIC $133.99 DAVE EDSON 04/20/2009 04/22/2009 NORTHERN TRAFFIC SUPPLY $12.78 ANDREW ENGSTROM 04/13/2009 04/14/2009 BATTERIES PLUS #31 $46.93 LARRY FARR 04/13/2009 04/14/2009 RED WING SHOE STORE $102.00 LARRY FARR 04/13/2009 04/14/2009 MENARDS 3022 $11.92 LARRY FARR 04/13/2009 04/15/2009 THE HOME DEPOT 2801 $34.04 LARRY FARR 04/13/2009 04/15/2009 WA/ GRAINGER $316.56 LARRY FARR 04/14/2009 04/15/2009 AILS VACUUM &JANITORIAL SUP $1,485.70 LARRY FARR 04/15/2009 04/16/2009 TWIN CITY HARDWARE HADLEY $7.50 LARRY FARR 04/15/2009 04/16/2009 CERTIFIED LABORATORIES $2,348.53 LARRY FARR 04/20/2009 04/21/2009 OVERHEAD DOOR COMP $424.15 LARRY FARR 04/20/2009 04/22/2009 ST PAUL LINOLEUM & CARPET $731.39 LARRY FARR 04/21/2009 04/22/2009 COMMERCIAL FURNITURE SRVC $294.78 LARRY FARR 04/21/2009 04/22/2009 COMMERCIAL FURNITURE SRVC $428.87 LARRY FARR 04/22/2009 04/24/2009 STAR TRAC $733.04 LARRY FARR 04/17/2009 04/20/2009 INT'L CODE COUNCIL INC $74.00 DAVID FISHER 04/17/2009 04/20/2009 CURTIS 1000 $44.08 KAREN FORMANEK 04/21/2009 04/23/2009 CURTIS 1000 $1,391.75 KAREN FORMANEK 04/14/2009 04/14/2009 PAYPAL INC $117.15 MYCHAL FOWLDS 04/14/2009 04/15/2009 SPRINT *WIRELESS SVCS $49.19 MYCHAL FOWLDS 04/21/2009 04/21/2009 COMCAST CABLE COMM $54.00 MYCHAL FOWLDS 04/23/2009 04/24/2009 CRABTREE COMPANIES INC $800.00 MYCHAL FOWLDS 04/23/2009 04/24/2009 QWESTCOMM'TN651 $132.90 MYCHAL FOWLDS 04/13/2009 04/15/2009 ADVANCED GRAPHIC SYSTEMS $37.28 NICK FRANZEN 04/14/2009 04/15/2009 WWW.ASKNET- SHOPS.COM $49.99 NICK FRANZEN 04/16/2009 04/20/2009 THE HOME DEPOT 2801 $90.67 NICK FRANZEN 04/20/2009 04/21/2009 INSIGHT'PUBLICSECTOR $58.37 NICK FRANZEN 04/20/2009 04/22/2009 SHI INTERNATIONAL CORP $87.33 NICK FRANZEN 04/16/2009 04/20/2009 THE HOME DEPOT 2801 $152.30 CAROLE GERNES 04/22/2009 04/23/2009 MENARDS 3059 $17.02 CLARENCE GERVAIS 04/09/2009 04/13/2009 OFFICE DEPOT #1090 $362.42 JEAN GLASS 04/15/2009 04/17/2009 OFFICE DEPOT #1090 $75.17 JEAN GLASS 04/15/2009 04/17/2009 OFFICE DEPOT #1090 $18.71 JEAN GLASS 04/16/2009 04/20/2009 OFFICE DEPOT #1090 $10.54 JEAN GLASS 04/17/2009 04/20/2009 MICHAELS #2744 $16.94 JEAN GLASS 04/14/2009 04/15/2009 VZWRLSS'APOCC VISN $90.77 KAREN E GUILFOILE 04/21/2009 04/22/2009 MENARDS 3059 $83.68 MARK HAAG 04/10/2009 04/13/2009 HIRSHFIELDS ST PAUL CSC $1,790.84 GARY HINNENKAMP 04/22/2009 04/24/2009 HEJNY RENTAL INC $126.54 GARY HINNENKAMP 04/23/2009 04/24/2009 PATIO TOWN OAKDALE $41.37 GARY HINNENKAMP 04/23/2009 04/24/2009 MOGREN LANDSCAPE SUPPLY L $14.41 GARY HINNENKAMP 04/10/2009 04/13/2009 THE HOME DEPOT 2801 $17.06 RON HORWATH 04/15/2009 04/16/2009 AMERICAN RED CROSS TWIN C $55.00 RON HORWATH 04/16/2009 04/20/2009 AMERICAN RED CROSS TWIN C $103.04 RON HORWATH 04/20/2009 04/22/2009 MEDCO SUPPLY $55.94 RON HORWATH 04/14/2009 04/15/2009 CUB FOODS -SUN RAY $67.37 ANN E HUTCHINSON Packet Page Number 223 of 260 04/17/2009 04/20/2009 WALGREENS #3122 $16.78 ANN E HUTCHINSON 04/10/2009 04/13/2009 HOULE FARM GARDEN & PET $37.36 BERNARD R JUNGMANN 04/13/2009 04/14/2009 MED ALLIANCE GROUP $1,675.76 BERNARD R JUNGMANN 04/13/2009 04/16/2009 OREILLY AUTO 00020743 $6.38 BERNARD R JUNGMANN 04/14/2009 04/15/2009 BOUND TREE MEDICAL LLC $343.71 BERNARD R JUNGMANN 04/18/2009 04/20/2009 BOUND TREE MEDICAL LLC $338.75 BERNARD R JUNGMANN 04/16/2009 04/17/2009 MSP COMMUNICATIONS $24.95 DUWAYNE KONEWKO 04/13/2009 04/14/2009 THE UPS STORE #2171 $11.66 NICHOLAS KREKELER 04/15/2009 04/16/2009 PAKOR INC $43.15 LISA KROLL 04/15/2009 04/17/2009 ADVANCED GRAPHIC SYSTEMS $101.18 LISA KROLL 04/15/2009 04/17/2009 OFFICE DEPOT #1090 $124.18 LISA KROLL 04/16/2009 04/17/2009 LILLIE SUBURBAN NEWSPAPE $555.88 LISA KROLL 04/17/2009 04/20/2009 REED BUS INFO ACCT REC $218.94 LISA KROLL 04/21/2009 04/22/2009 REED BUS INFO ACCT REC $218.94 LISA KROLL 04/22/2009 04/23/2009 TARGET 00011858 $10.90 LISA KROLL 04/16/2009 04/17/2009 SIGNALSCAPE INC $1,500.00 DAVID KVAM 04/13/2009 04/14/2009 METRO FIRE $168.47 STEVE LUKIN 04/13/2009 04/14/2009 NAPA AUTO PARTS 3279016 $9.60 STEVE LUKIN 04/14/2009 04/15/2009 ROAD RESCUE EMERGENCY VE $298.95 STEVE LUKIN 04/14/2009 04/15/2009 EMERGENCY APPARATUS MAINT $799.22 STEVE LUKIN 04/14/2009 04/15/2009 EMERGENCY APPARATUS MAINT $1,372.72 STEVE LUKIN 04/16/2009 04/20/2009 AIRGAS NORTH CENTRAL $147.65 STEVE LUKIN 04/23/2009 04/24/2009 EMERGENCY APPARATUS MAINT $1,762.81 STEVE LUKIN 04/13/2009 04/14/2009 MENARDS 3059 $24.49 GORDON MALLORY 04/09/2009 04/13/2009 THE TESSMAN COMPANY $950.51 MARK MARUSKA 04/10/2009 04/13/2009 SEELYE PLASTICS INC $300.02 MARK MARUSKA 04/15/2009 04/16/2009 HUNT ELECTRIC CORPORATION $92.00 MARK MARUSKA 04/15/2009 04/16/2009 HUNT ELECTRIC CORPORATION $317.54 MARK MARUSKA 04/17/2009 04/20/2009 LTG POWER EQUIPMENT $183.10 MARK MARUSKA 04/21/2009 04/22/2009 VIKING INDUSTRIAL CENTER $247.54 MARK MARUSKA 04/21/2009 04/23/2009 ON SITE SANITATION $584.52 MARK MARUSKA 04/23/2009 04/24/2009 HYDROLOGIC $259.33 MARK MARUSKA 04/22/2009 04/23/2009 MOGREN LANDSCAPE SUPPLY L $14.41 BRENT MEISSNER 04/22/2009 04/23/2009 MOGREN LANDSCAPE SUPPLY L $7.21 BRENT MEISSNER 04/12/2009 04/13/2009 VZWRLSS'APOCC VISN $173.29 ROBERT MITTET 04/22/2009 04/23/2009 QWESTCOMM'TN651 $58.00 ROBERT MITTET 04/15/2009 04/17/2009 OFFICE MAX $112.06 AMY NIVEN 04/16/2009 04/20/2009 OFFICE DEPOT #1090 $69.46 AMY NIVEN 04/16/2009 04/20/2009 OFFICE DEPOT #1090 $69.95 MARY KAY PALANK 04/17/2009 04/20/2009 CALENDARS $105.49 MARY KAY PALANK 04/22/2009 04/24/2009 OFFICE DEPOT #1090 $129.36 MARY KAY PALANK 04/15/2009 04/16/2009 USPS 26833895523402076 $45.36 CHRISTINE PENN 04/16/2009 04/17/2009 ACTION ENVELOPE PRINTING $39.12 CHRISTINE PENN 04/22/2009 04/23/2009 CUB FOODS #3123 $30.20 CHRISTINE PENN 04/10/2009 04/13/2009 PAYPAL'1CLICKDVD $28.95 PHILIP F POWELL 04/13/2009 04/14/2009 MEMORY SUPPLIERS INC $53.00 PHILIP F POWELL 04/15/2009 04/17/2009 ADVANCED GRAPHIC SYSTEMS $243.89 PHILIP F POWELL 04/15/2009 04/17/2009 OFFICE DEPOT #1090 $92.64 PHILIP F POWELL 04/17/2009 04/20/2009 FITZCO INC $94.65 PHILIP F POWELL 04/18/2009 04/20/2009 ULINE 'SHIP SUPPLIES $147.17 PHILIP F POWELL 04/17/2009 04/20/2009 PIONEER PRESS SUBSCRIPTI $124.54 WILLIAM J PRIEFER 04/17/2009 04/20/2009 METRO SALES INC $649.90 WILLIAM J PRIEFER 04/10/2009 04/13/2009 TOUSLEY FORD 127200039 $30.63 STEVEN PRIEM Packet Page Number 224 of 260 04/10/2009 04/13/2009 BATTERIES PLUS #31 $175.67 STEVEN PRIEM 04/10/2009 04/13/2009 SEARS ROEBUCK 1122 $23.05 STEVEN PRIEM 04/10/2009 04/13/2009 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 04/14/2009 04/15/2009 BAUER BUILT TRE33200023 $445.52 STEVEN PRIEM 04/14/2009 04/15/2009 AUTOMOTIVE TRAINING GROUP $95.95 STEVEN PRIEM 04/14/2009 04/16/2009 KATH AUTO PARTS NSP $34.37 STEVEN PRIEM 04/15/2009 04/17/2009 KATH AUTO PARTS NSP $160.32 STEVEN PRIEM 04/15/2009 04/17/2009 ZARNOTH BRUSH WORKS $1,001.10 STEVEN PRIEM 04/16/2009 04/16/2009 SOI'SNAP -ON INDUSTRIAL $22.50 STEVEN PRIEM 04/16/2009 04/17/2009 POMPS TIRE SERVICE $324.73 STEVEN PRIEM 04/16/2009 04/20/2009 KATH AUTO PARTS NSP $10.63 STEVEN PRIEM 04/16/2009 04/20/2009 FACTORY MOTOR PARTS #19 $224.62 STEVEN PRIEM 04/17/2009 04/20/2009 KATH AUTO PARTS NSP $10.31 STEVEN PRIEM 04/17/2009 04/20/2009 TRI -STATE BOBCAT INC. $51.50 STEVEN PRIEM 04/21/2009 04/22/2009 AMERICAN FASTENER AND SUP $73.13 STEVEN PRIEM 04/21/2009 04/23/2009 KATH AUTO PARTS NSP $9.32 STEVEN PRIEM 04/21/2009 04/23/2009 ZARNOTH BRUSH WORKS $1,139.55 STEVEN PRIEM 04/22/2009 04/22/2009 SOI'SNAP -ON INDUSTRIAL $84.95 STEVEN PRIEM 04/22/2009 04/23/2009 PIONEER RIM & WHEEL CO $143.31 STEVEN PRIEM 04/22/2009 04/24/2009 KATH AUTO PARTS NSP $63.67 STEVEN PRIEM 04/22/2009 04/24/2009 FACTORY MOTOR PARTS #19 $224.62 STEVEN PRIEM 04/14/2009 04/15/2009 MN OCCUPATIONAL HEALTH $78.50 TERRIE RAMEAUX 04/14/2009 04/15/2009 HILLYARD INC MINNEAPOLIS $863.41 MICHAEL REILLY 04/22/2009 04/23/2009 DALCO ENTERPRISES, INC $372.51 MICHAEL REILLY 04/23/2009 04/24/2009 HILLYARD INC MINNEAPOLIS $749.11 MICHAEL REILLY 04/17/2009 04/21/2009 FITNESS WHOLESALE $500.00 NANCY RICHTER 04/17/2009 04/20/2009 MICHAELS #2744 $50.97 AUDRA ROBBINS 04/17/2009 04/20/2009 BARNES & NOBLE #2227 $3.83 AUDRA ROBBINS 04/17/2009 04/20/2009 PARTY AMERICA 1006 $20.25 AUDRA ROBBINS 04/22/2009 04/24/2009 PIONEER PRESS ADVERTISING $44.35 AUDRA ROBBINS 04/23/2009 04/24/2009 THE STAR TRIBUNE ADVERTIS $47.00 AUDRA ROBBINS 04/15/2009 04/17/2009 VANCE BROTHERS MN $336.75 ROBERT RUNNING 04/17/2009 04/20/2009 STEPP MANUFACTURING CO IN $147.61 ROBERT RUNNING 04/21/2009 04/23/2009 KATH AUTO PARTS LC $37.75 ROBERT RUNNING 04/22/2009 04/24/2009 STEPP MANUFACTURING CO IN $288.02 ROBERT RUNNING 04/22/2009 04/24/2009 THE HOME DEPOT 2801 $26.67 ROBERT RUNNING 04/22/2009 04/24/2009 SCHERER BROTHERS LUMBER -A $92.63 ROBERT RUNNING 04/11/2009 04/13/2009 OFFICE DEPOT #1090 $80.36 DEB SCHMIDT 04/21/2009 04/22/2009 T- MOBILE.COM'PAYMENT $31.51 DEB SCHMIDT 04/08/2009 04/13/2009 WEBER & TROSETH INC ($234.70) MICHAEL SHORTREED 04/10/2009 04/13/2009 SHRED -IT $51.45 MICHAEL SHORTREED 04/13/2009 04/13/2009 COMCAST CABLE COMM $34.00 MICHAEL SHORTREED 04/13/2009 04/14/2009 QUARTER MASTER $118.89 MICHAEL SHORTREED 04/14/2009 04/14/2009 REG'ASSOCIATION OF TRA $50.00 MICHAEL SHORTREED 04/14/2009 04/16/2009 UNIFORMS UNLIMITED INC $357.61 MICHAEL SHORTREED 04/16/2009 04/17/2009 GAL'GALLS INC $347.77 MICHAEL SHORTREED 04/16/2009 04/17/2009 GAL'GALLS INC $189.15 MICHAEL SHORTREED 04/21/2009 04/23/2009 CLASSIC COLLISION CENT $746.20 MICHAEL SHORTREED 04/22/2009 04/24/2009 UNIFORMS UNLIMITED INC $351.00 MICHAEL SHORTREED 04/09/2009 04/13/2009 OFFICE DEPOT #1090 $136.49 ANDREA SINDT 04/14/2009 04/16/2009 BARNES & NOBLE #2227 $37.35 PAULINE STAPLES 04/20/2009 04/22/2009 DISPLAYS 2 GO $238.80 PAULINE STAPLES 04/16/2009 04/20/2009 DE LAGE LANDEN OP01 OF 01 $1,958.50 JOANNE M SVENDSEN Packet Page Number 225 of 260 04/15/2009 04/17/2009 STRAUSS SKATE AND BICY 04/20/2009 04/22/2009 T MOBILE NO 8108 04/09/2009 04/13/2009 THE KAHLER GRAND HOTEL 04/20/2009 04/21/2009 BLACK BOX RESALE 04/20/2009 04/22/2009 S & T OFFICE PRODUCTS 04/18/2009 04/20/2009 RELIABLE 04/22/2009 04/23/2009 MEDICBATTERIES COM 04/22/2009 04/24/2009 QUILL CORPORATION $1,352.00 JAMES TAYLOR $26.68 JAMES TAYLOR $411.96 DAVID J THOMALLA $16.02 DAVID J THOMALLA $68.70 KAREN WACHAL $174.92 SUSAN ZWIEG $301.92 SUSAN ZWIEG $74.71 SUSAN ZWIEG TOTAL $50,793.34 Packet Page Number 226 of 260 Agenda Item M2 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review PROJECT: Commercial Equipment Parking and Storage LOCATION: 65 Larpenteur Avenue East DATE: May 1, 2009 INTRODUCTION The conditional use permit (CUP) for the property at 65 Larpenteur Avenue East is due for review. The CUP allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. The city code requires a CUP to keep a heavy commercial vehicle on residential property. 1- h e e l. 01:loll] 0 August 9, 2004: The city council approved this CUP. This approval was subject to seven conditions of approval (attached). August 22, 2005, October 22, 2006 and October 8, 2007: The city council reviewed this permit and agreed to review it again in one year. DISCUSSION The property owner, David Conover, has removed the commercial vehicles but would like to keep the CUP active until August 9, 2009. The city council gave a five -year termination date for this CUP when they approved it on August 9, 2004. Mr. Conover has said that he would like to keep it active just in case he brought the vehicles back. He is aware of the August 9 end date for the CUP. Staff does not see a problem with this since the remaining time on this CUP will run out on August 9, 2009. Staff will check at that time to make sure that Mr. Conover is no longer parking and storing any commercial vehicles. N xK1Lrihril4 01 11 I IQ 0l Extend the conditional use permit to park and store commercial vehicles at 65 Larpenteur Avenue East until August 9, 2009. p:sec 18 \65 Larpenteur Ave cup review 2009 to #2 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Applicant's Site Plan 4. August 9, 2004, City Council Minutes Packet Page Number 227 of 260 N N LARPENTEUR AVE Attachment 1 r SKILLMAN AVE O r � � s .. O O J.'s t DOWNS AVE ILI Location Map 65 Larpenteur Avenue 2 Packet Page Number 228 of 260 N N F T v O Q m Zoning Map 65 Larpenteur Avenue 3 Packet Page Number 229 of 260 Attachment 2 177 17r 176 17 1 KINGSTON AVE 1 1 7L { 17 Sy HEIGHTS DR < r� r w z E o E Y ' Q LARPENTEUR AVE 1 735 1736 1 1725 1791 1126 1719 ! , J 1722 1719 :' t 1724 1715 1716 €715 112 _ 1702 171 F r 1705 1706 1704 17f12= 1694 1695 [ ;iii ; ............. .... ......_ ,_..,....... T ....._,........ ............ _,_,_, -------- _ - O Q m Zoning Map 65 Larpenteur Avenue 3 Packet Page Number 229 of 260 Attachment 2 177 17r 176 17 1 KINGSTON AVE 1 1 7L { 17 Sy HEIGHTS DR < r� r w z E o E Y ' Q LARPENTEUR AVE Packet Page Number 230 of 260 L I I rU i rt(.icC Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:03 P.M. Monday, August 09, 2004 Council Chambers, City Hall Meeting No. 04-17 H. PUBLIC HEARINGS I . 7:35 p.m. Conditional Use Permit — Commercial Vehicles (65 Larpenteur Avenue) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: David Conover, the applicant Marion Peiffer, 1704 Gurney Street, Maplewood Don Smeja, 1706 Abel, Maplewood Grant Lindblom, 1715 Abel, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for David Conover to store or park U vehicles �'two t rucks and p to three heavy c loader) on the property at 65 LaMenteur Avenue East: CONDITIONAL USE PERMIT RESOLUTION — HEAVY COMIXIERCIAL VEHICLE AND WHEREAS, Mr. David Conover is requesting that Maplewood approve a conditional use permit to store and park three heavy commercial vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East. WHEREAS, this permit applies to the property at 65 Larpenteur Avenue East. The legal description is: L Saint Aubin and Dion's Rice Street Addition, Lots 11-13, Block 13 (Pr1 18-29-22-34-0088) and 1 Saint Aubin and Dions's Rice Street Addition, Lots 14 and 15, Block 13 (PD; 18- 29 -22- 34 -0061) WHEREAS, this history of this conditional use permit is as follows: On July 19, 2004, the planning commission recommended that the city council approve this permit. Packet Page Number 231 of 260 2. On August 9, 2004, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above- described conditional use permit based on the building and site plans. The city approves this 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 run-off 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. 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: L The owner or operator of the trucks and equipment doing the following: a. Residing on the property. 0 b. Parking the trucks and equipment in an enclosed structure or on a gravel surface driveway or parking pad that meets the applicable city code requirements. The parking location for the vehicles shall be as close to the existing driveway and the house as possible. The owner shall provide berthing around any outdoor parking area that will contain any fluids that may leak from the trucks and commercial equipment. C. Not parking the trucks or commercial equipment on a public street. 66 Packet Page Number 232 of 260 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than two periods, lasting thirty (30) minutes each, in one twenty -four (24) hour period. There shall not be any engine idling g that disturbs the neighbors between 9 p.m. and 7 a.m. 0 3. There shall be no dumping or storage of construction or building materials or supplies on the property. The owners or operator shall not do any maintenance or repair of the trucks or commercial equipment on the property. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6. The city council shall review this permit in one year. This permit shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. Seconded by Councilmember Rossbach Ayes-All 7 Packet Page Number 233 of 260 Agenda Item M3 Fiw4 0U7ilN4161:41 TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Approve Resolution of Support for STP Application, Project 09 -08, English /TH36 Interchange Improvements DATE: April 28, 2009 INTRODUCTION The council will consider approving a resolution of support for an application for Federal Surface Transportation Program funding for the proposed English /Hwy 36 Interchange Project. BACKGROUND / DISCUSSION In response to a correspondence received from Mn /DOT in 2004, which proposed removing the Highway 36 /English Street at -grade intersection, the City commissioned the Highway 36 Access Study in order to assess traffic impacts with the closing of the intersection and to identify alternative solutions. The study was conducted cooperatively with Mn /DOT staff and the final report was completed in January 2008. The study process identified a preferred concept plan and further recommended Mn /DOT and the City of Maplewood pursue funding for the interchange concept through the 2013 -2014 STP solicitation process. The deadline for submitting funding applications to the Metropolitan Council is June 15, 2009 and the application needs to include a resolution of support from the council. N xK1Lrihril4 L WIN I IQ L l It is recommended that the council adopt the resolution supporting the Federal Surface Transportation Program funding application submittal for the English Street/TH 36 Interchange Improvements. Attachment: 1. Resolution Packet Page Number 234 of 260 Agenda Item M3 Attachment 1 N Dkill RIY Y [1100111 RESOLUTION SUPPORTNG FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATION SUBMITTAL FOR TRUNK HIGHWAY 36 /ENGLISH STREET INTERCHANGE IMPROVEMENTS, CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, this project is consistent with the City of Maplewood Comprehensive Plan and Highway 36 Access Study and it is believed to be consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Regional Development Framework; and WHEREAS, this project is located in a significant high use transportation corridor (Highway 36) in the Twin Cities metropolitan area; and WHEREAS, this project supports and enhances inter -modal transportation uses, including motor vehicle, transit, and pedestrian uses; and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides an upgrade to the regional transportation system; and WHEREAS, the City of Maplewood in conjunction with the Minnesota Department of Transportation accept responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost, together with costs for design, administration, right -of -way, and peripheral project costs; and WHEREAS, the City of Maplewood is committed to the operation and maintenance of local roadways under the City's jurisdiction for the design life of these roadways; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood in regular meeting assembled to adopt this Resolution in support of the request for federal funds under the SIT for the Trunk Highway 36 /English Street Interchange Improvement Project. BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission with the Trunk Highway 36 /English Street Interchange Improvement Project as part of the SIT funding application. Passed and duly adopted by the County Commission of Ramsey County this day of 2009. Diana Longrie, Mayor, ATTEST: Karen Guilfoile, City Clerk Packet Page Number 235 of 260 Agenda Item M4 Fiw MI N 17ilN4161:41 TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, Project 08 -10 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 28 th , 2009 DATE: April 28, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are being advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, May 22, 2009 at City Hall. The next step in the improvement process is to approve and accept the assessment roll, then call for an assessment hearing. The award of bid would be considered by the city council at the May 28, 2009 city council meeting after the assessment hearing is conducted. BACKGROUND Costs related to the street improvements are proposed to be assessed and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. However, the amount assessed must provide a benefit to the property in the assessed amount. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs relating to the street and utility improvements to the benefiting properties abutting the project streets. The assessments for the street and storm are shown below: Residential Rates: $4,500 /unit for partial street reconstruction (replacing concrete curb & gutter). $6,000 /unit for full street reconstruction (adding concrete curb & gutter). $990 /unit for storm sewer assessment. DISCUSSION Currently the project streets are in disrepair and there is little to no treatment of stormwater. The streets are to be reconstructed and the proposed street widths and alignments are to match existing widths and alignments. All streets are proposed to have concrete curb and gutter. Drainage improvements are proposed to better catch street runoff and provide water quality treatment of the neighborhood runoff. A combination of rain gardens, filtration basins, and sump structures will provide the needed treatment. The project involves the reconstruction of approximately 1.3 miles of residential street with associated storm sewer, sanitary sewer main repairs, and storm water treatment. In addition to the 1.3 miles, the project now includes a Bid Alternate for the replacement of sod on past projects. After listening to residents concerns and analyzing the areas on past projects that had high amounts of dead sod, staff Packet Page Number 236 of 260 Agenda Item M4 recommends the replacement of the dead sod with a mineral sod. The proposed assessments for the Carsgrove Meadows Area Street Improvements total $624,390.00. A copy of the pending assessment roll is provided as a supplement to this report. PROJECT BUDGET The project costs and funding sources, as outlined in the feasibility study, are still in order. The staff added a Bid Alternate for the replacement of sod on past projects. Prior to the awarding of bid staff will review the results of the Bid Alternate and make a recommendation if a project budget adjustment is required. ESTIMATED PROJECT COST SUMMARY PROPOSEDIMPROVEMENTS AMOUNT % STREET IMPROVEMENTS $2,201,400 77% DRAINAGE IMPROVEMENTS $268,000 9% SANITARY SEWER IMPROVIVIENTS $295,000 10% WATER SYSTEM IMPROVEMENTS $52,600 2% DRIVEWAY REPLACEMENT PROGRAM $40,000 2% TOTAL ESTIMATE OF PROJECT COSTS $2,857,000 100% FINANCING PLAN FUNDING SOURCE FEASIBILITY RECOMMENDATIONS % G.O. IMPROVEMENT BONDS $1,637,210 57% SANITARY SEWER FUND $300,000 11% ENVIRONMENTAL UTILITY FUND $170,000 6% SPECIAL ASSESSMENTS $624,390 22% ST. PAUL WATER $32,400 1 % W.A.C. FUND $53,000 2% DRIVEWAY REPLACEMENT PROGRAM $40,000 1% TOTAL FUNDING $2,857,000 100% N xK1Llihlil NI 0 1 I 0 It is recommended that the city council approve the attached resolution for the Carsgrove Meadows Area Street Improvements, Project 08 -10: Accepting Assessment Roll and Ordering Assessment Hearing. Attachments 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2. Location Map 3. Pending Assessment Roll Packet Page Number 237 of 260 Agenda Item M4 Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Carsgrove Meadows Area Street Improvements, City Project 08 -10, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of May 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Packet Page Number 238 of 260 P� Agenda Item M4 Attachment 2 �v D- Kohlman vais \Lak� e P6�j O COUNTY ROAD C //Z C Kohlman O Park PALM C Manufactured J c Housing GT. O M Estates P PAM Y U w 5 2 CSR NOR a 3 CONNOR C O C O >- 4 CT. DEMONT AVE. cn � J LJ O o BROOKS w CT. Q SEXTANT Q O 60 / 1 D AVE. GER F <<F Spoo PK wI 2 Lake c cn PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Carsgrove Meadows Area Street Improvements City Project 08 -10 Packet Page Numb 0 239 of 260 PENDING ASSESSMENT ROLL Agenda Item M4 CITY PROJECT 08 -10 Attachment 3 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL I UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 092922240034 MARK E PETERS 948 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240033 MARY B LEAFGREN 954 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240022 JOHN F WIEREMANN 955 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240023 BRUCE A NOVOTNE 959 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240041 JOEL E VARBERG 960 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240024 ALISON L COCHRANE 965 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240040 PETER H DEY 966 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240025 DAVID J THOMALLA 971 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240030 JAMES P WAHLSTRAND 972 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240026 GEOFFREY W BARKER 977 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240029 MARY PENNY JOHNSON 978 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240027 SCOTT M HAGBERG 983 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240028 DENNIS G BERRY 984 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922230007 SHARONAH ANN JACOBUS 908 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922220044 PAUL CHRISTIAN 921 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922220033 RICHARD L BALDWIN 929 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210041 ALLEN P CARLSON 946 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210040 WILLIAM J SIEVERS 952 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210030 ROBERT M FLOYD 955 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210039 DANIEL L KERAN 958 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210031 THOMAS H KEARNS 961 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210038 DAVID A ANDERSON 964 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210032 HOA B TIENG 967 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210037 THOMAS R LINDSKOG 970 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210036 BARBARA L OLSON 976 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210033 LAWRENCE N REEVE 981 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210035 ELLEN PUKE 982 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210034 DANIEL P ROSS 990 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922220028 ANNA J RABCEVICH 873 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922230009 MICHAEL A SANTORO 874 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922230008 CAROL H ENGEL 882 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220029 JAMES J BYERS 883 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220030 WILLIAM A ERAL 893 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220046 MARK D LARSON 894 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220031 DEREK J DESHLER 903 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220045 WILLIAM A BRINKER 904 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220032 AMANDA R SHEAHAN 913 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922210051 WILLIAM G GOFF II 1000 COUNTY ROAD C E 1 $990.00 $6,000.00 $6,990.00 092922210062 JAY R REEVES 2570 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210010 CHA TOU THAD 2571 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210061 HEATHER A CAMPBELL 2574 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210060 LAUREEN A MCGINLEY 2578 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210009 DOROTHY HECKMANN 2579 CYPRESS ST N 2 $1,980.00 $12,000.00 $13,980.00 092922210008 JOHN M THOMSEN TRUSTEE 2591 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210007 JOHN R SWENSON 2595 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210054 MATTHEW C SMITH 2611 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922230006 PATRICK E SNELSON 912 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922230005 TORE DETLIE 918 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922230002 KEVIN H JACOBSON 927 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922230004 DAVID A HENSELER 928 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922230003 PAUL G JONDAHL 938 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240019 MARK KRETSCHMAR 942 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240018 KIRK D DAVIS 950 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240008 GERARD A LANGER 951 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240017 MATTHEW J MCDONOUGH 956 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240009 LISA M GRUSZKA 957 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240016 ROBERT M BLAUFUSS 962 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240010 LOUIS SICA JR 963 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240015 THOMAS W HUTCHINGS 968 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240011 REX L KIEKHOEFER 969 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 Page 1 of 2 Packet Page Number 240 of 260 PENDING ASSESSMENT ROLL Agenda Item M4 CITY PROJECT 08 -10 Attachment 3 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL I UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 092922240014 CLAYTON A GORE 974 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922210042 STEVEN B PRIMOLI 975 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240013 CHARLES M WANSTROM 980 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922210043 DANIEL J OGARA 981 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922240012 MARCIA H MOORE FOSTER 986 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922210044 GARY A VANBEEK 987 DEMONr AVE E 1 $990.00 $4,500.00 $5,490.00 092922230025 WILLIAM J SIEVERS 0 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922230026 WILLIAM J SIEVERS 2451 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922240021 RICHARD M SEPPALA 2462 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922230024 DAVID KORNMANN 2471 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922240020 TRUNG T NGUYEN 2472 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922230001 CRAIG J CAPEDER 2507 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922240007 WATOU T MOUA 2508 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220043 STEVEN D KRAUSE 2517 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210029 KEVIN R MARSCHEL 2530 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210028 MARLENE D MOSS 2540 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210027 MARK D NICHOLS 2550 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210026 JAMES HARDENBROOK 2560 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210025 ROBERT W SMITH 2570 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220040 JAMES R MALSOM 2571 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210024 DENNIS S BALLARD 2578 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220041 DALE A SOBERG 2579 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220042 FLETE W GRAY 2585 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210023 ROBERT E SHAW 2586 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210022 CHRISTOPHER KRIER 2596 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210068 MICHAEL G SELIGA 2597 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210021 HAI MINH TRAN 2604 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210048 SOKUNTHEA SOEUN 2605 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210020 CHRISTOPHER T CARROLL 2612 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220058 MARY ANN OBERG 2613 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210046 MAIZUAG A THAD 2619 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210019 RICHARD G STAHL 2620 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210045 KOU YANG 2629 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210018 CATHERINE R MORRISON 2630 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220037 KURT M GEISER 915 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220036 DAVID M OCONNOR TRUSTEE 916 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220038 CLYDE E E LLINGTON JR 925 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220035 JEFFREY A SEVERSON 926 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220039 PATRICIA A WALSH 935 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220034 MARGARET C JACKSON 936 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220014 WILLIAM S HALLORAN 821 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220023 CY THAD 822 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220015 GARY C FOUTY 829 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220022 MARIANNE G NEWELL 830 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220016 GEORGE A HENLY 837 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220021 JEANETTE A VASILAKES 838 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220017 TIMOTHY C MCMAHON 845 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220020 WILLIAM S HALLORAN 846 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220018 RICKI L STRASSMAN 853 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220019 RAYMOND P KRUSE 854 PALM cr E 1 $990.00 $4,500.00 $5,490.00 TOTALS 111 $109,890.00 $514,500.00 $6 90.00 2009 ASSESSMENT RATES: TOTAL = $624,390.00 RESIDENTIAL STORM SEWER ASSESSMENT= $990 PER UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $6,000 PER UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $4,500 PER UNIT Page 2 of 2 Packet Page Number 241 of 260 Agenda Item M5 Fiw4 0U7ilN4161:41 TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Jon Jarosch, Civil Engineer I SUBJECT: County Road D Street Improvements, Project 08 -20 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 8, 2009 2. Resolution Adding Lake Links Trail Improvements, City Project 08 -16, to Project 08 -20 DATE: May 4, 2009 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are being advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, May 29, 2009 at city hall. The next step in the improvement process is to accept the assessment roll then call for an assessment hearing. The award of bid would be considered by the city council at the June 8, 2009 city council meeting after the assessment hearing is conducted. Also council authorization to add the Lake LinksTrail Improvements to the scope of the project is requested. The Lake Links Trail Improvements are on the council agenda under New Business for authorization of the preparation of plans and specifications. _YiTel201:lo1110 f This project accounts for reconstruction of approximately 0.70 miles of streets including replacement of the existing pavement surface, addition of concrete curb and gutter, watermain extension, sanitary sewer repairs, and improvements to the existing drainage system. Storm water management improvements have been designed in coordination with Ramsey - Washington Metro Watershed District (RWMWD) which includes rainwater gardens and filtration techniques in order to meet volume and rate control requirements. The proposed project schedule anticipates construction beginning in June and completion of the project in October 2009. ASSESSMENTS Only costs related to the street improvements are proposed to be assessed and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs relating to the street and utility improvements to the benefiting properties abutting the project streets. The assessments for the street and storm are shown below: Residential Rates: $6,000 /unit for full street reconstruction (adding concrete curb & gutter). $990 /unit for storm sewer assessment. $120 /front -foot for Multi - Family Full Street Reconstruction $19.80 /front -foot for Multi - Family Storm Sewer $4,960 /Unit for Watermain Assessment Packet Page Number 242 of 260 Agenda Item M5 The proposed assessments for the County Road D Street Improvements are $9,920 less than what was proposed in the feasibility study due to two less watermain assessments than were proposed in the feasibility study. Two properties were identified during the design phase of the project that currently have water service but were previously believed to be on private wells. The new amount proposed to be assessed totals $302,227.40. A copy of the pending assessment roll is provided as a supplement to this report. :Z11!1xt9= 111 Bic] =1111I The project costs and funding sources as outlined in the feasibility study are still in order and can be seen in the following table. APPROVED BUDGET FUNDING SOURCE AMOUNT M.S.A. BONDS $1,148,260 SPECIAL ASSESSMENTS $312,147 SANITARY SEWER FUND $163,200 NORTH SAINT PAUL WAC FUND $80,000 NORTH SAINT PAUL $46,530 DRIVEWAY REPLACEMENT PROGRAM $30,000 TOTAL $1,780,137 No adjustments to the budget are recommended at this time. Any necessary adjustments to the budget would be recommended after the bid opening, prior to the award of bid, once construction costs are known. N xK1Llihlil4 01 17i'll! I M 0 It is recommended that the city council approve the attached resolution for the County Road D Street Improvements, Project 08 -20: Accepting Assessment Roll and Ordering Assessment Hearing. It is also recommended that the council adopt the attached Resolution Adding Lake Links Trail Improvements, City Project 08 -16, to Project 08 -20 Attachments 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2. Resolution Adding Lake Links Trail Improvements, City Project 08 -16, to Project 08 -20 3. Location Map 4. Pending Assessment Roll Packet Page Number 243 of 260 Agenda Item M5 Attachment 1 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the County Road D Street Improvements, City Project 08 -20, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 8th day of June 2009, at city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Packet Page Number 244 of 260 Agenda Item M5 Attachment 2 RESOLUTION ADDING LAKE LINKS TRAIL IMPROVEMENTS, CITY PROJECT 08 -16, TO PROJECT 08 -20 WHEREAS, a feasibility report has been prepared for the Lake Links Trail Improvements, City Project 08 -16, and this report was received by the Council on May 11, 2009, and WHEREAS, the report provided a recommended alignment for the trail and information regarding whether the proposed project is necessary, cost - effective, and feasible, WHEREAS, Project 08 -16 was originally part of the project scope of Project 08 -20, WHEREAS, Project 08 -16 should be bid and completed as part of Project 08 -20, which is a State Aid Project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1) That final plans and specifications are directed to be prepared for the Lake Links Trail Improvements in accordance with the recommendations of the feasibility report and that the proposed improvements be included as part of Project 08 -20 (County Road D Improvements, McKnight to Lydia), 2) That Project 08 -16 is hereby an extension of Project 08 -20, 3) That Bidding of the Lake Links Trail project is authorized and the Lake Links Trail Project shall be included as part of City Project 08 -20. Approved this 11` day of May 2009 Packet Page Number 245 of 260 Agenda Item M5 Attachment 3 E 1. N. BARTELMY LN. 68 2. N. CHIPPEWA CT. 3. BRENWOOD CV. =I COUNTY ROAD c� I LJ AVE. ` n ` GALL v o U III CDC 0 ° Q 3 O �O o Q � � VE. C/-) o g I LJ AVE. ` ` LYD IA P/ crest AVE. Q Park STANDRIDGE APLE LN. i Q Q , z AVE. LLJ z � WOODL Li Q 10 70 0 m � F�F F PROPOSED 2009 STREET IMPROVEMENTS NO SCALE County Road D Improvements MAPLEWOOD, MINNESOTA Packet Page Number CITY PROJECT 08 -20 246 of 260 COUNTY ROAD D STREET IMPROVEMENTS (SOUP I GHT TO LYDIA) PRELIMINARY ASSESSMENT ROLL CITY PROJECT 02-20 Agenda Item M5 Attachment 4 PARCEL ID TAXPAYER �� NUMBER STREET MULTI - FAMILY FROM FOOTAGE NUMBER OF RESIDENTIAL UNITS WATERIAAIN ASSESSMENT STORM ASSESSMEM STREET ASSESSMENT TOTAL ASSESSMEM 012922210034 GENNISMFALVEY 3009 BELLAIREAVEN 1 $000 $6,00080 $6,00080 012922120010 ANTHONYJ MACKENROTH 3012 BELLAIREAVEN 1 $000 $6,00080 $6,00080 012922210035 ORDELLWVANOVERBEKE TRUSTEE 3015 BELLAIREAVEN 1 $000 $6,00080 $6,00080 012922120009 PEGGY A EAU CARDS 3020 BELLAIRE AVEN 1 $000 $6,00080 $6,00080 012922210036 MARIANN LAMUNDSON 3023 BELLAIREAVEN 1 $000 $6,00080 $6,00080 012922210037 SHENGLORXIONG 3027 BELLAIREAVEN 1 $000 $6,00080 $6,00080 012922120008 RONALD D SEWS 3028 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922210038 DENNISJ HECK 3035 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922120007 ARTHUR D STROBEL 3036 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922210039 MATTHEW ESTOHR 3043 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922120006 SANDRA LETOURNEAU 3044 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922210040 WILLIAM H SCHWEIGERT 3051 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922120005 MICHAEL LHAWKES 3052 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922210041 NANCIEJ DEGROAT 3059 BEITAIRE AVEN 1 $000 $6,00080 $6,00080 012922210102 KENDALL G COOK 3069 BEITAIRE AVEN 1 $99000 $6,00000 $699080 012922210101 NORTH SUBURBAN CO 3111 BELLAIRE AVEN 94 $1,86128 $11/28000 $13,14120 012922210100 RICHARD J SCHREIER JR 3117 BELLAIRE AVEN 94 $1,86128 $11/28080 $13,14120 012922220063 KENNETH R SCHERKENBACH 2266 COUNTY ROAD DE 1 $080 $6,00080 $6,00080 012922220062 ANTHONY R STEWART 2278 COUNTY ROAD DE 1 $496080 $49500 $6,00000 $11,45500 012922220061 JUDY L GARSCIA 2280 COUNTY ROAD DE 1 $496080 $99080 $6,00000 $11,95080 012922220096 LARRYA RULER 2292 COUNTY ROAD DE 5 $24,80080 $080 $30,00080 $54,80080 012922220101 JOSEPHM HOUCK 2326 COUNTY ROAD DE 1 $496080 $080 $6,00080 $10,96080 012922220092 LATER LEE FARINELLA SCOTT 2334 COUNTY ROAD DE 1 $496080 $99080 $6,00000 $11,95080 012922220099 SIMONPEREZ 2354 COUNTY ROAD DE 1 $496080 $080 $6,00080 $10,96080 012922220097 SIMONPEREZ 2360 COUNTY ROAD DE 1 $496080 $080 $6,00080 $10,96080 012922220001 DAVID LSEIDEL 2370 COUNTY ROAD DE 1 $99080 $6,00000 $699080 012922210078 JOHN P SCHOENECKER 2378 COUNTY ROAD DE 1 $99080 $6,00000 $699080 012922210079 DONNAM MCCORMACK 2384 COUNTY ROAD DE 1 $99080 $6,00000 $699080 012922210080 CHUE LEE 2390 COUNTY ROAD DE 1 $99080 $6,00000 $699080 012922210081 SUSAN M SCHMIDT 2396 COUNTY ROAD DE 1 $99080 $6,00000 $699080 012922210082 LAHORE S ODUYEMI 2408 COUNTY ROAD DE 1 $99080 $6,00000 $699080 012922210099 THOMAS GAMBLE 2484 COUNTY ROAD DE 1 1 $99080 $6,00000 1 $699080 012922210105 IARRYJ THEMMES II 2429 GALL AVE E 1 $99080 $6,00000 $699080 TOTALS 1 188 35 1 $5456000 1 $15,10740 $232,56000 $302,22740 TOTAL= $302,227.40 REM DENTI AL FULL STREET RECONSTRUCTION = $6 POPPIES DENTI AL UNIT REM DENTI AL STORM SEWER = $99WRESIDENTIAL UNIT MULTI - FAMILY FULL STREET RECONSTRUCTION =$120 HOTFOOT FOOT MULTI -FAMI LY STORM SEWER =$19 89FRONT FOOT WATERMAIN ASSESSMENT = $496WRESIDENTIAL UNIT NOTES: WATERMAIN ASSESSMENT RATE REPRESENTS THE 2009 RATES FOR CASH CONNECTION CHARGE AND THE CHARGE FOR A WATER SERVICE WITH NEW MAIN CONSTRUCTION EXHI BIT 10 Packet Page Number 247 of 260 AGENDA REPORT Agenda #M -6 To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval To Enter Into Joint Powers Agreement With The State Of Minnesota — Child Sexual Predator Program Date: May 1. 2009 Introduction The Police Department would like to enter into a Joint Powers Agreement with the State of Minnesota to participate in the Child Sexual Predator Program, and City Council approval is required before this can be done. Background The State of Minnesota has received a federal grant from the U.S. Department of Justice, Office of Community- Oriented Policing Services, under which they will provide reimbursement for overtime, training and equipment for officers investigating cases of exploitation of children which occurs through the use of computers as part of their Child Sexual Predator Program. To participate in this grant, cities must enter into a Joint Powers Agreement with the State of Minnesota. The Agreement will be in effect until September 30, 2010. Budget Impact Participation in this grant will not involve any expense to the City of Maplewood and will only involve receiving reimbursement for overtime, training, and equipment. Recommendation It is recommended that the City Council approve the Police Department entering into this Joint Powers Agreement with the State of Minnesota to participate in the Child Sexual Predator Program. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 248 of 260 STATE OF MINNESOTA JOINT POWERS AGREEMENT CHILD SEXUAL PREDATOR PROGRAM AGREEMENT ff 3000 -1373 This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, located at 1430 Maryland Avenue E., St. Paul, Minnesota 55106 and City of Maplewood, Police Department, located at 1830 County Road B, Maplewood, MN 55109. Recitals Under Minn. Stat. § 471.59, solid. 10, and Minn. Stat. § 15.51 — 15.59, the State is empowered to engage such assistance as deemed necessary. The State was awarded a Federal grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS), Child Sexual Predator Program for investigative overtime reimbursement, training and equipment. The State is in need of assistance from city and county law enforcement agencies in investigating and combating the exploitation of children which occurs through the use of computers by providing funds for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations. Agreement Term of Agreement 1.1 Effective date: April 1, 2009, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: September 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 Governmental Unit's Responsibilities A. All employees of the Governmental Unit shall be licensed peace officers or non -swom employees must be assigned or affiliated with the Minnesota Internet Crimes Against Children (ICAO) Task Force. B. When a contributed employee of the Governmental Unit acts on the behalf of the Minnesota ICAC Task Force within the scope of this Agreement, the employee's actions are within the employee's line of duty and course of employment to the same extent as if the employee had acted on behalf of the employee's employing Agency. C. All members of the Governmental Unit shall continue to be employed by the same Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits. D. The Governmental Unit shall submit accurate, timely financial records pertaining to enforcement and analytical activities related to ICAC Task Force related investigations. Financial records shall be submitted in a format consistent with Exhibit A attached to this Agreement. E. The Governmental Unit must supply original receipts to be reimbursed on pre - approved requests; and reimbursement will be paid directly by the State to the Governmental Unit within 30 days of the date of invoice, with payment made out to the Maplewood Police Department, Accounts Receivable, 1830 County Road B, Maplewood, MN 55109. Joint Powers Agreement (Rev. 6/03) I Packet Page Number 249 of 260 F. Investigations by the Governmental Unit under this agreement should be conducted and concluded in a timely manner. The Governmental Unit will only be reimbursed by the State for overtime hours and/or actual expenses incurred related to the Community Oriented Policing Services ( COPS) investigations and /or training through the tern of this agreement or until all Federal funds under the COPS grant have been expended, whichever comes first. G. The Governmental Unit shall maintain accurate records pertaining to enforcement activities, to be collected and forwarded monthly to the State's Authorized Representative or his designee for statistical reporting purposes. H. The Governmental Unit shall return to the State's Authorized Representative within sixty days investigative equipment acquired by the State through grant funding as a result of this Agreement in the event that federal funding under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime reimbursement has been exhausted, the agreement is terminated as defined in clause 10.2 of this Agreement, the Governmental Unit breaches this Agreement, or upon expiration of this Agreement. 2.2 State's Responsibilities A. The State will provide the Governmental Unit with investigative equipment for the exclusive purpose to conduct investigations related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant. B. The State will reimburse the Governmental Unit for expenses incurred for training and meetings related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and pre - approved by the State's Authorized Representative. C. The State will reimburse the Governmental Unit for overtime hours incurred related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and approved by the State's Authorized Representative. Payment A. Itemized invoices will be filed by the Governmental Unit's Authorized Representative of this agreement with the State's Authorized Representative of this agreement in arrears, monthly and within 30 days of the period in which service and /or training were provided. B. Reimbursement to the Governmental Unit will be made by the State within 30 days of the date of invoice, and will be paid directly to the Maplewood Police Department, Accounts Receivable, 1830 County Road B, Maplewood, MN 55109. C. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this agreement will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of Employee Relations. The Governmental Unit will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the prior approval of the State's Authorized Representative for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. D. The State has a total Expense Budget of $241,481.00 that was approved under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime hours and expense reimbursement. Based on the number of Governmental Units participating in the COPS Child Sexual Predator Program the total obligation of the State for reimbursement of investigative overtime hours and expenses will not exceed $5,000.00 for any one Governmental Unit, unless approved by the State's Authorized Representative. E. Federal Funds. Payments under this agreement will be made from federal funds obtained by the State through Title Child Sexual Predator Program CFDA number 16.710 of the Violent Crime Control and Law Enforcement Act of 1994. The Governmental Unit is responsible for compliance with all federal requirements imposed on these Joint Powers Agreement (Rev. 6/03) 2 Packet Page Number 250 of 260 funds and accepts full financial responsibility for any requirements imposed by the Governmental Unit's failure to comply with federal requirements. 4 Authorized Representatives The State's Authorized Representative is Eric Knutson, Special Agent in Charge, 1430 Maryland Avenue E., St. Paul, Minnesota 55106, t number 651- 793 -7000 or his /her successor. The Governmental Unit's Authorized Representative is Dave Thomalla Chief, 1830 County Road B. Maplewood, MN 55109, telepho number 651- 249 -2600 or his/her successor. Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits The Governmental Unit shall participate fully in any audits required by the U.S. Department of Justice; and under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and /or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Mimi. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9 Venue Venue for all legal proceedings out.of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Joint Powers Agreement (Rev. 6/03) 3 Packet Page Number 251 of 260 10 Termination 10.1 Termination.- The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Termination for Insufficient Funding, The State may immediately termnnate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Tennination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individua cw1iftes that funds have been encumbered as require Minn. Stat §§ 6A 15 an 16C.05. Signed: IL (J Date: 7 _ 3. ST AG By: - (wi�} de�1Pgated anti rity). u - Agreement No. 3000 -1373 2. GOVERNMENTAL UNI By: J/ Title: c, GG s� of m4 Date: y -/3. C5 9 M Date: 4. COMMISSIONER OF ADMINIS'T'RATION delegated to Materials Management Division lIN Date: Distribution: Agency Governmental Unit State's Authorized Representative Photo Copy Joint Powers Agreement (Rev. 6103) Packet Page Number 252 of 260 Exhibit A City of Maplewood, Police Department INVOICE Maplewood Police Department 1830 County Road B Maplewood, MN 55109 Telephone: 651 - 249 -2600 Fax: 651- 249 -2699 www. ci.m aplewood. mn.us BILL TO: Bureau of Criminal Apprehension Eric Knutson, Special Agent in Charge 1430 Maryland Avenue East St. Paul, MN 55106 -2802 651!793 -1004 Fax: 6511793-1005 TTY: 6511262 -6555 Internet: http: / /www.dps.state.mn.usibca INVOICE NO.: ICAC- DATE: HOURS - DESCRIPTION RATE TOTAL Reimbursement for Computer Forensic Analyst, Internet Crimes Against Children, for the month of Reference: Agreement # 3000 -1373 Employee's Name and Rank Employee ID: 01234567 $ $ Overtime hours @ $ Employee's Name and Rank Employee ID: 98765432 $ $ Overtime hours @ $ {Reimbursement of expenses if pre- approved by State's Authorized Rep.) $ $ I certify the above to be correct, and the amount claimed to be due and payable. Dave Thomalla, Chief of Police City of Maplewood, Police Department PavmentDetails Sub Total $ ❑ Electronic Fund Transfer (EFT) Tax Identification ❑ Warrant Number: xx- xxxxxxx TOTAL $ Please include invoice numbers with payment Joint Powers Ae eement (Rev. 6!03) Packet Page Number 253 of 260 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Donation to Landfall Cops'N Kids Fishing Clinic Date: May 4, 2009 Introduction Agenda #M -7 The Police Department has received donations totaling $1,097.50 for the annual Landfall Cops'N Kids Fishing Clinic, and City Council approval is required to accept these donations. Background For the past several years, the Maplewood Police Department, which provides police services in the City of Landfall, has held a half -day Cops'N Kids Fishing Clinic for youth living in Landfall. This event provides an opportunity for the children to interact with police officers in a positive way while they spend the morning fishing and then having lunch. The City of Landfall, St. Paul Harley- Davidson /Buell, James & Angela Dumer, and Kenneth & Kathleen Sundberg have donated a total of $1,097.50 to be used to purchase supplies for this year's Cops'N Kids Fishing Clinic, and City Council approval is required for us to accept these donations. Recommendation It is recommended that City Council approval be given to accept these donations and that the necessary budget adjustments be made so that the donations may be used for costs associated with the fishing clinic. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 254 of 260 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so- prescribed, and; WHEREAS, the City of Landfall, St. Paul Harley- Davidson /Buell, James & Angela Dumer and Kenneth & Kathleen Sundberg wish to grant the City of Maplewood the following: a total of $1,097.50, and; WHEREAS, the City of Landfall, St. Paul Harley- Davidson /Buell, James & Angela Dumer and Kenneth & Kathleen Sundberg have instructed that the City will be required to use the aforementioned for: the 2009 Landfall Cops'N Kids Fishing Clinic, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four -fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four -fifths or more majority vote of its membership on , 20 Signed: Signed: Witnessed: (Signature) (Signature) Mayor Chief of Police (Title) (Title) (Date) (Date) (Signature) City Clerk (Title) (Date) Packet Page Number 255 of 260 Memorandum To: City Manager From: Finance Director Date: May 5, 2009 Re: Approval of 2008 Budget Adjustments for MCC BACKGROUND AGENEA #: MM =8 The following budget adjustments are submitted for City Council approval for the Community Center. They are proposed as part of our routine preparation for the year end audit. The first two adjustments relate to the Oakdale Aquatics program that was discontinued in 2007. These items nevertheless were included in the 2008 budget. Budgets for both revenues and expenditures will be reduced with the net effect of reducing the net budget by $8,730. The final adjustment recognizes the efforts of our Marketing and Advertising Coordinator. Her time was budgeted within the General Fund however a portion of her time was actually spent with the Community Center. Her actual costs have been allocated properly. This adjustment will allocate the budget in the same manner making budget to actual comparisons reasonable. Budget adjustments requested are: • Reduce Community Center budget for Miscellaneous Revenue $24,250 • Reduce Community Center budget for Wages and Benefits $15,520 • Transfer Wages from General Fund Marketing Department to Community Center $17,370 RECOMMENDATION Staff recommends approval of the above budget adjustments. Packet Page Number 256 of 260 AGENDA NO. M9 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution to Maintain the Statutory Tort Limits DATE: May 5, 2009 1_Ty:(e3 Well] 011Q Our insurance agent, Arthur J. Gallagher is requesting an updated resolution regarding our choice to maintain the statutory tort limits for liability insurance for the League of Minnesota Cities. On April 28, 2008, the Maplewood City Council decided not to waive the statutory liability tort limits and accepted the liability coverage limits of $400,000 per claimant and $1,200,000 per occurrence. RECOMMENDATION Adopt the attached resolution to maintain the Statutory Tort Limits for liability insurance purposes. Packet Page Number 257 of 260 A RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held May 11, 2009. ATTEST: Karen E. Guilfoile, City Clerk Diana Longrie, Mayor Packet Page Number 258 of 260 AGENDA NO. M10 AGENDA REPORT To: City Manager From: Finance Director Date: May 5, 2009 Re: Resolution Authorizing Purchase of Insurance Agent Services BACKGROUND /SUMMARY Council authorization is requested to purchase insurance agent and broker of record services from Arthur J. Gallagher and Company at a cost of $14,500.00 for the period from 7/1/09 through 6/30/10. The current cost is $14,500.00. This company serves as the broker of record for the city's property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. This is a recurring contract. Arthur J. Gallagher was selected through a request for proposals (RFP) process in 2004. RECOMMENDATION Staff recommends adoption of the attached resolution to retain Arthur J. Gallagher and Company as our insurance agent at a cost of $14,500.00 Packet Page Number 259 of 260 May 5, 2009 Councilmember resolution and moved its adoption: N * **AI1tIIC011 introduced the following BE IT RESOLVED THAT Arthur J. Gallagher and Company be re- appointed as the broker of record and insurance agent at a cost of $14,500 for the insurance year starting July 1, 2009 and continuing through June 30, 2010 The motion for the adoption of seconded by Councilmember taken thereon, the following voted in favor and the following voted against the same: the foregoing resolution was duly and upon vote being Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA ) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's tax increment financing districts within its municipal development district. City Clerk K Packet Page Number 260 of 260