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HomeMy WebLinkAbout2007 04-23 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, April 23 2007 Council Chambers, City Hall Meeting No. 07 -08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: 'Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All commentslquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments.' D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Minutes from the Council Manager Workshop April 9, 2007, 5 p.m. 2. Minutes from the Council Manager Workshop April 9, 2007, 6 p.m. 3. Minutes from the Council Manager Workshoop April 9, 2007, 6:30 pm 4. Minutes from the City Council Meeting April 9, 2007 F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS 1. Update on Maplewood's Spring Clean -Up Event and Maplewood Celebrates Nature Festival 2. Star of Life Award to EMS Director Captain Robb Prechtel 3. Tree City USA Designation 4. ProLaser III Radar to the Police Department H. PUBLIC HEARINGS 1. Rainbow Driveway Improvements, City Project 07 -03 a. Public Hearing 7:00 p.m. b. Resolution Ordering Improvement After Public Hearing CONSENT AGENDA 1. Approval of Claims 2. County Road D East Improvements — (TH 61 to Southlawn) City Project 02 -07, Resolution for Modification of the Existing Construction Contract (Change Order 40 -41); Deductions 3. County Road D Realignment West (TH 61 to Walter St.), City Project 02 -08, Resolution Approving Modification of Existing Construction Contract (Change Order 41), Deduction 4. Desoto Skillman Area Street Improvement, City Project 06 -16, Approval of Contract for Tree Trimming Service 5. Purchase of 2007 -2008 Winter Road Salt 6. Capitol City Mutual Aid Agreement All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Cottagewood Public Improvements, City Project 06 -10, Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2. Desoto Skillman Area Street Improvement, City Project 06 -16, Resolution Accepting Assessment Roll and Ordering Assessment Hearing L. NEW BUSINESS 1. Gladstone Neighborhood Redevelopment District — Consideration of a Resolution directing preparation of a Tax Increment Financing Plan and Tax Increment District and setting a Public Hearing for June 11, 2007 for Lake Phalen Estates 2. Markham Pond Retaining Wall, City Project 05 -18, Resolution Receiving Report and Authorizing Improvement Project 3. Sterling Street: Carver Avenue to Bailey Road, Resolution Approving Municipal State Aid Designation 4. Peterson Dental Clinic ( 1670 Beam Avenue) a. Land Use Plan Change — L (library) and OS (open space) to BC -M (business commercial modified) b. Zoning Map Change — F(farm residence) to BC -M (business commercial modified) C. Conditional Use Permit Termination 5. Resolution Approving Precinct Boundary Changes 6. First Reading — Lawful Gambling Ordinance M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, April 9, 2007 Council Chambers, City Hall 5:00 p.m. A. CALL TO ORDER Mayor Longrie called the meeting to order at 5:00 p.m. B. ROLL CALL Diana Longne, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Absent Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved approval of the agenda as presented. Seconded by Councilmember Hjelle Ayes -all D. NEW BUSINESS 1. Conservation Easement A presentation was given by Conservation Director Sarah Strommen of the Central Region of the Minnesota Land Trust. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 5:55 p.m. Agenda Item E2 MINUTES CLOSED SESSION CITY COUNCIL /MANAGER WORKSHOP Monday, April 9, 2007 Council Chambers, City Hall 6.00 p.m. A. CALL TO ORDER Mayor Longrie called the meeting to order at 6 :00 p.m. B. ROLL CALL Diana Longne, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved approval of the agenda as presented. Seconded by Councilmember Hjelle Ayes -all D. NEW BUSINESS E. OLD BUSINESS 1. Banick/MSA vs. City of Maplewood — Pam Vander Wiel The meeting was closed for the purpose of discussing the Banick /MSA vs. City of Maplewood litigation. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:30 p.m. Agenda Item E3 MINUTES CITY COUNCILIMANAGER WORKSHOP Monday, April 9, 2007 Council Chambers, City Hall 6:30 p.m. A. CALL TO ORDER Mayor Longrie called the meeting to order at 6:33 p.m. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved approval of the agenda as presented. Seconded by Councilmember Cave Ayes -all D. NEW BUSINESS 1. Police Civil Service Commission Applicant Interviews a. David Bartol b. Lisa Marie Liddell The council interviewed applicants David Bartol and Lisa Marie Liddell. E. OLD BUSIN F. ADJOURN Mayor Longrie adjourned the meeting at 6:50 p.m. MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m. Monday, April 9, 2007 Council Chambers, City Hall Meeting No. 07 -07 El A L" CALL TO ORDER Agenda Item E4 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember D. APPROVAL OF AGENDA The agenda was amended as follows` G5 Resolutions M1 Environme M2 Citizen Grc Mayor Lon Seconded by Co vay )portunities soto Skillman Project Present Present Present Present Present Ayes-all E. APPROVAL OF MI 1. Minutes from the March 26, 2007 5 p.m. Council Manager Workship Councilmember Cave moved to approve the March 26, 2007 5 p.m. Council Manager Workshop minutes as presented. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach Abstention: Councilmember Juenemann 2. Minutes from the March 26, 2007 6 p.m. Council Manager Workshop Councilmember Juenemann moved to approve the March 26, 2007 6 p.m. Council Manager Workshop minutes as presented. Seconded by Councilmember Hjelle Ayes-all April 9, 2007 City Council Meeting I 3. Minutes from the March 26, 2007 City Council Meeting Mayor Longrie moved to approve the March 26, 2007 City Council Meeting Minutes as amended. Seconded by Councilmember Cave Ayes -all F. VISITOR PRESENTATIONS 1. Judith Johannasen, 1610 Woodlynn Avenue East, Unit 3, spoke regarding Councilmember Hjelle's comments of "the former mayor's delinquent property taxes" made at the previous council meeting. Mayor Longrie apologized for these comments that were made at the previous meeting. 2. Ron Cockriel, 943 Century Avenue, spoke regarding the workshop on conservation easements pertaining to sustainability and the city's comprehensive, plan. 3. Elizabeth Sletten, 2747 Clarence Street North, spoke regarding data practice act requests from the city. 4. Bob Zick, 2515 White Bear Avenue, spoke regarding his request to the city for the title insurance policy for the purchase of Applewood Park. 5. Bill Kayser, 6408 81 s' Avenue North, Park, spoke regarding the redaction of data practice documents. 6. Nancy Lazaryan, 10734 West Lake Road, Rice, gave the council copies of legal documents and spoke regarding pending litigation. G. APPOINTMENTS /PRESENTATIONS 1 Police Civil_ Service Commission Mayor Longrie explained that two candidates for this commission were interviewed in their workshop and the council voted to appoint Lisa Liddell to the Police Civil Service Commission. Q Mayor Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, Rossbach Nay - Councilmember Juenemann Update a. Citizen Services Manager Karen Guilfoile reported on the MCC. 3. Fire Department Recruitment Open House a. Fire Chief Lukin updated the Council on the upcoming recruitment open house on Saturday, April 14, at 9 a.m. April 9, 2007 City Council Meeting 2 4. Resolution Honoring Staff of the Emergency Communications Center and declaring National Telecom municators Week. a. Police Chief Thomalla presented the resolution in honor of National Telecommunicators Week thanking the city's Emergency Communications Center staff. Councilmember Cave moved approval of the following resolution thanking the city's Emergency Communications Center staff. RESOLUTION 07 -04 -043 WHEREAS the Congress and President have declared April 8 through April 15, 2007 as National Telecomunicators Week to honor those law enforcement professionals who answer our citizens calls to 911, and WHEREAS the Maplewood City Council wants to dedicated employees who staff the City of Maplev line in ensuring Public Safety, and WHEREAS the safety of Maplewood's police, accuracy of the information obtained by our di !cial thanks and appreciation to those mergency Communication Center as our front and paramedics depend on the quality and nd WHEREAS the skills of these dedicated ,communicators Maplewood's Police, Firefighters and Paramedics in care suppress fires and save lives of citizens; and NOW THEREFORE Be it resolved that the City DECLARES April 8 through April, 15, innesota Week in Maplewood and DECLARES its appreciation for the years of service from the staff of the Emergency Communication Center which will be transferring to Ramsey County . later this year and DECLARES that all Maplewood citizens join in thanking the Emergency Communications Center Staff Marsha Pacolt Bryan Linn Jayme Flaugher Jan Rabine Julie Stahnke Michelle Bauer Brett Knapp Chad Hermanson Ken Hubin Jim Burau for their professionalism, compassion and commitment to Public Safety. Seconded by Councilmember Juenemann Ayes -all 5. Resolution — DARE Day a. Police Chief Thomalla presented the resolution report declaring Thursday, April 12, to be DARE Day. Councilmember Juenemann moved to approve the following resolution: as enhanced the effectiveness of ng out their missions to apprehend criminals, April 9, 2007 City Council Meeting 3 RESOLUTION 07 -04 -044 WHEREAS: Drug Abuse Resistance Education (D.A.R.E.) is a prevention and education program that teaches young people ways of resisting peer pressure to experiment with drugs and alcohol; and WHEREAS: Over 25 million students have been reached worldwide and approximately 100,000 Minnesota students are touched annually; and WHEREAS: The City of Maplewood has been an active participant in D.A.R.E. for sixteen years and over 5,000 fifth and sixth graders have benefited. WHEREAS: The D.A.R.E. curriculum helps students understand self - image, recognize and manage stress without taking drugs, evaluate risk - taking behavior, resist gang pressure, apply decision - making techniques, evaluate the consequences of the choices available to them, discover ways to handle conflict, and learn friendship skills; and WHEREAS: The D.A.R.E. program has achieved outstanding success, teaching positive and effective approaches to two of the most difficult problems facing our young people today — drug abuse and violence. NOW, BE IT RESOLVED: That the City of Maplewood declares Thursday, April 12, 2007, to be D.A.R.E. DAY Seconded by Councilmember Hjelle Ayes -all H. PUBLIC HEARINGS None 1. CONSENT AGENDA Councilmember Helle moved adopt Seconded by Councilmember Cave 1. Joint Powers Ac Beach -City of M Approved the Joint P 2. Approval of Claims ACCOUNTS PAYABLE: Ayes-all nts, Bellaire Beach -Town of White Bear Lake; Mahtomedi 'di; Tanners Beach -City of Oakdale Agreements. $ 1,451,035.75 Checks 4 72310 thru 4 72372 dated 03/20/07 thru 03/27/07 143,219.15 Disbursements via debits to checking account dated 03116107 thru 03122107 626,156.31 Checks 4 72373 thru 4 72414 dated 04/03/07 April 9, 2007 City Council Meeting 0 $ 297,811.32 Disbursements via debits to checking account dated 03/23/07 thru 03/29/07 $ 2,518,222.53 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 430,194.01 03/23/07 Payroll Deduction check 4 1001683 $ 2,794.40 1001685 dated 03/23/07 $ 432,988.41 Total Payroll $ 2,951,210.94 GRAND TOTAL 3. Temporary Gambling Resolution- Church of Presentation of B.V.M. Approved the following BE IT HEREBY RESOLVED, by the temporary premises permit for lawful Presentation of the Blessed Virgin Mary Minnesota. r Council of Maplewood, Minnesota, that ing is approved for the Church of the 1725 Kennard Street, Maplewood, ERMORE, that the Maplewood City Council waives any objection to the )plication for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling ntrol Division of the Minnesota Department of Gaming approve said permit application 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 aooroval. 4. Citizen Services Recreation Agreement for Adult Softball Official Coordinator Approved Citizen Services recreation agreement for adult softball official coordinator. 5. Authorization to Pay Invoice for Squad Car Repair Authorized payment of invoice for squad car repair. April 9, 2007 City Council Meeting 5 I ilk� K. UNFINISHED BUSINESS Proposed Right of Way Ordinance — Approval of Final Changes a. Environmental Manager Konewko presented the rep Environmental Manager Konewko said staff has encouraged dialogue with those who would be involved in right -of -way work and does not expect any future issues. The city attorney commented on the productive outcome of this item and that he considers all of the issues resolved. There were no citizens who wished to address the council regarding this ordinance. Councilmember Juenemann Ordinance. ORDINANCE 884 RIGHT -OF -WAY ORDINAN' City of Maplewood, Ramsey County, Minnesota An ordinance to enact a new Section of the Maplewood Code of Ordi public rights -of -way (Generally hereinafter called ROW) in the publ and regulation of ROW permits. THE COUNCIL OF administer and regulate the and to provide for the issuance Article I. In General, Section 32 -4 through Section 32 -27 ,City of Maplewood, County of Ramsey, Minnesota, "Right-of-Way Ordinance" is herewith adopted into city code. Any and all previously adopted sections or articles which may appear contrary or in conflict with this ordinance are hereby replaced or modified by this code. SEC. 32 -4. FINDINGS, PURPOSE and INTENT. The City of Maplewood holds the ROW within its geographical boundaries as an asset in trust for its citizens. The City and other public entities have invested millions of dollars in public funds to build and maintain the ROW. It also recognizes that some persons, by placing their equipment in the ROW and charging the citizens of the City for goods and services delivered thereby, are using this property held for the public good. Although such services are often necessary or convenient for the citizens, such persons receive revenue and/or profit through their use of public property. Although the installation of such service delivery facilities are in most cases necessary and proper use of the ROW, the City must regulate and manage such uses. To provide for the health, safety and well -being of its citizens and to ensure the structural integrity of its streets and the appropriate use of ROW, the City strives to keep its ROW in a state of good repair and free from April 9, 2007 City Council Meeting 6 unnecessary encumbrances. Although the general population bears the financial burden for the upkeep of the ROW, one of the causes for the early and excessive deterioration of its ROW is frequent excavation or other intrusions into its sub - surface area. This Article imposes reasonable fees and regulations on the placement and maintenance of equipment currently within its ROW or to be placed therein at some future time. It is intended to complement the regulatory roles of state, federal and other agencies. Under this Article, persons disturbing and obstructing the ROW will bear a fair share of the financial responsibility for its integrity. This Article also provides for recovery of the City's costs associated with managing its ROW. SEC. 32 -5. The provisions and requirements of this ordinance shall not apply to inter - governmental entities that have Joint Powers Agreements with the City or other ROW users exempted by the statutes of the state of Minnesota. SEC. 32 -6. DEFINITIONS. The following words, terms and phrases, as used herein, have the following meanings: Abandoned Facility - (1) a facility no longer in service and physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service; or (2) a facility that is deemed abandoned by the ROW user. Applicant — Any person or entity requesting permission to excavate or obstruct a ROW. City - means the corporate municipality, its elected officials, its manager and /or appointed employees to include the Director of Public Works or his /tier designee, City of Maplewood, Minnesota. City Management Costs - the actual costs incurred by the City for public ROW management; including, but not limited to, costs associated with registering applicants seeking permission to excavate or obstruct a ROW; issuing, processing and verifying ROW permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting or moving user equipment during public ROW work; determining the adequacy of ROW restoration; restoring work inadequately performed after providing notice and opportunity to correct the work; mapping of "as built" locations of facilities located in ROW; and revoking ROW permits and performing all other functions required by this Article, including other costs the City may incur in managing the provisions of this Article. Degradation — means a decrease in the useful life of the ROW caused by excavation in or disturbance of the ROW, resulting in the need to reconstruct such ROW earlier than would be required if the excavation or April 9, 2007 City Council Meeting 7 disturbance did not occur. This condition is only applicable in ROW's that are not included in the current 5 -year street replacement plan scheduled for full removal and reconstruction. Degradation Cost — subject to Minnesota Rules 7819.1100 means the cost to achieve a level of restoration, as determined by the city at the time the permit is issued, not to exceed the maximum restoration shown on Maplewood plates 1 to 13, and set forth in Minnesota Rules parts 7819.9900 to 7819.9950. Degradation Fee — Means the estimated fee established at the time of permitting by the city to recover costs associated with the decrease in the useful life of the ROW caused by the excavation, and which equals the degradation cost. This fee does not include the cost of patching, which is the sole responsibility of the ROW user. Delay Penalty _ resolution. Director - the City's Director of Public Works Emergency - a condition that (1) poses a clear and it property; or (2) requires immediate repair or replacert Emergency Hole - excavation of a hole necessitated life, health, safety or property or requiring immediate customer. nee. to life or health, or of a significant loss of to restore service to a customer. condition creating a clear and immediate threat to or replacement in order to restore service to a the City's Director of Public Works or his/her designee. - any tangible asset used to install, repair or maintain facilities in any ROW. Excavate - to dig into or in anyway remove or physically disturb or penetrate any part of a ROW. Excavation Permit - a permit which must be obtained before a person may excavate in a ROW. An excavation permit allows the holder to excavate only in that part of the ROW described in the permit. Facility or Facilities - any tangible asset in the ROW required to provide utility service. The term does not include facilities to the extent the location and relocation of such facilities are preempted by Minnesota Statute 161.45, -governing utility facility placement in state trunk highways. Franchise — any person or entity with tangible assets or equipment in the ROW for the purpose of providing utility service to the general public having been previously approved by the city by written agreement, contract or by franchise ordinance. April 9, 2007 City Council Meeting 8 Hole - an excavation having a length on the long side that is less than 2 times the dimension of the width of the excavation and that conforms to O.S.H.A. standards. Obstruct - to place any tangible object in a public ROW so as to hinder free and open passage over that or any part of the ROW for an aggregate period of five (5) hours or more in conjunction with the issuance of a ROW permit. Obstruction Permit - a permit which must be obtained before a person may obstruct _a ROW, allowing the holder to hinder free and open passage over the specified portion of that ROW by placing equipment described therein on the ROW for the duration specified in the permit. Patch or Patching - a method of pavement replacement that is considered temporary in nature. A patch consists of (1) the compaction of the sub base and aggregate base, and (2) the replacement in kind, to match the existing pavement per Maplewood Plates 1 -13. A patch shall be considered "full restoration" only if the pavement is included in the City's five year project plan. Pavement Repair Plates — Drawings and details for the reconstruction and repair of Maplewood ROW pavements (all types) that are herewith copied and adopted from the original thirteen (13) plates as suggested and provided by the Minnesota Public Utilities Commission and any supplemental additions as provided by the City of Maplewood. Permit Holder - any person to whom a permit to excavate, obstruct, or place equipment or facilities in a ROW has been granted by the City under this Article. Person — a private individual or authorized representative or agent of an entity subject to all laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Registrant - any person or entity that digs, excavates, intrudes or has or seeks to have its facilities or equipment located in any ROW for temporary or permanent placement. Restoration or "Full Restoration" - the process by which the ROW and surrounding area, including pavement, foundation, and turf areas is returned to the same or better condition and life expectancy that existed immediately before excavation. Restoration Cost - the amount of money paid to the City by a permit holder to have the city or its designated contractor perform the work to achieve the required level of restoration according to Maplewood plates 1 to 13, which are attached hereto and incorporated herein. ROW — (Right -of -Way) - the area on, below, or above a public roadway, highway, street, cart way, bicycle lane, April 9, 2007 City Council Meeting 9 and public sidewalk in which the City has an interest, including other dedicated ROW for travel purposes and/or utility easements of the City. ROW Engineer — that person or persons appointed, directed and empowered by the Director of Public Works to administrate the management of the Office of the Right -of -Way Engineer and those necessary responsibilities empowered by the City ROW Ordinance. ROW Permit - either an excavation permit or obstruction permit, or both, depending on the context required by this Article. ROW User - (1) a telecommunications ROW user as defined by Minnesota Statutes, Section 237.162, subdivision 4; or (2) a person owning or controlling a facility in the public ROW that is used or is intended to be used for providing utility service and who has a right under the law, franchise, or ordinance to use the public ROW. Trench - an excavation having a length that is in excess of two (2) times the width of the excavation for the sections of roadway where the work is occurring, including a directional bore. Utility or Utility Service — means services provided by: (1) a public utility as defined in Minnesota Statutes, section 2168.02 (2) services of a data information; (3) unications ROW user, including the transporting of voice or a cable communications system as defined in Minnesota , cooling, heating services, community television antenna system, fire generation_ communications, storm sewer, light, or power services including wind Wireless Telecommunication Facility - a tangible asset used to provide wireless telecommunication or data services, including all antennas, support devices, equipment including ground equipment, associated cables, and attachments. SEC. 32 -7. REGISTRATION. (a) Registration Required Prior to Work. No one shall construct, install, repair, remove, relocate or perform any work within any ROW without first being registered pursuant to this Section. Such registration shall be made on an application form provided by the City's Department of Public Works and shall be accompanied by the registration fee set forth in this Code. Registration and the accompanying April 9, 2007 City Council Meeting 10 fee shall be required each calendar year. A franchised service or utility service operating under this section shall be registered pursuant to this Section but need not annually provide registration information as required by subsection (c) of this Section if such information has been submitted pursuant to a franchise agreement or ordinance. Further, a franchised service or utility service operating pursuant to a franchise agreement or ordinance shall be exempt from payment of an annual registration fee providing said franchise fee has been paid per written agreement or ordinance. Exceptions to the registration requirements, as described in section 32 -7, shall be determined at the discretion of the ROW Engineer. (b) Exceptions. The following are not subject to the requ (1) (2) (3) (4) (5) (6) (7) (8) (9) (1C Person or Persons planting or maintaining Person or Persons installing mail boxes or p commercial structure. Person or Persons engaged in commercial or Person or Persons installing Person or Persons installing City of Little Canada* City of Maplewood City of North Saint Paul* City of Oakdale* Citv of Saint Paul* activities. s or gardens. .• (11) City of Woodbury* (12) Board of Water Commissioners of the City of Saint Paul* (13) Persons acting as agents, contractors or subcontractors for a registrant who has properly registered in accordance with this Section. * See Appendix 1 (c) Registration Information. The registrant shall provide the following at the time of registration and shall promptly notify the City of changes in such information: (1) Registrant's name, address, telephone number, facsimile number and Gopher One Call registration certificate number if required by state law. ulevard su k from street or cu (2) Name, address, telephone number and facsimile number of the person responsible for fulfilling the obligations of the registrant. April 9, 2007 City Council Meeting 11 (3) Unless exempted by previous or existing agreements or ordinance, a current Certificate of Insurance from a company licensed to do business in the State of Minnesota providing minimum coverage in the following amounts: GENERAL LIABILITY: Public Liability, including premises, products and complete operations Bodily Injury Liability - $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability - $3,000,000 each occurrence In lieu of (1) and (2) Bodily Injury and Property Damage Combined - $3,000,000 single limit COMPREHENSIVE: Automobile Liability Insurance, including owned, non -owned and hired vehicles. Bodily Injury Liability - $1,000,000 each person, $3,000,000 each occurrence Property Damage Liability - $3,000,000 each occurrence In lieu of (1) and (2) Bodily Injury and Property Damage Combined - $3,000,000 single limit Such certificate shall verify that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the (i) use and occupancy of the ROW by the registrant, its officers, agents, employees and permit holders, and (ii) placement and use of equipment or facilities in the ROW by the registrant, its officers, agents, employees and permit holders, including but not limited to, protection against liability arising from completed operations, damage of underground equipment and collapse of property. Such certificate shall also name the City as an additional insured as to whom the coverage required herein are in force and applicable and for whom defense will be provided as to all such coverage. Such certificate shall require that the City be notified thirty (30) days prior to cancellation of the policy. (4) A 24 hour emergency number. (5) An acknowledgment by the registrant of the indemnification pursuant to this Code. (6) Such additional information as the City may require. SEC. 32 -8. FRANCHISE REPORTING OBLIGATIONS. Each franchise registrant shall, at the time of registration and not later than November 1 st of the preceding year, file a proposed construction and major maintenance plan for underground facilities with the City. April 9, 2007 City Council Meeting 12 Such plan shall be submitted using a format designated by the City and shall contain the information determined by the City to be necessary to facilitate construction coordination and reduction in the frequency of excavations and obstructions of ROW. The plan shall include, but not be limited to, the following information: (a) To the extent known, the locations and the estimated beginning and ending dates of all projects to be commenced during the next calendar year; and (b) To the extent known, the tentative locations and estimated beginning and ending dates for all projects contemplated for the five years following the next calendar year. The City will have available for inspection in the Engineer's office a composite list of all known or planned projects that have been adopted for the next calendar year. All registrants are responsible for keeping themselves informed of the current status of this improvement list. Each franchise registrant must notify the City immediately of any change in its list of planned projects. SEC. 32 -9. PERMIT REQUIREMENT. (a) Permit Required. No person may obstruct or eca permit pursuant to this Section, E requirements, as described in se (1) Excavation Permit. An le ROW described in each p the ROW when placing or the permit. any ROW without first having been issued the appropriate ROW at as otherwise provided in this Code. Exceptions to the permitting 1' 32 -9, shall be made at the discretion of the ROW Engineer. aired by the registrant to excavate that part of the rmit that may hinder free and open passage over the specified portion of ng facilities therein, to the extent and for the duration specified in (2) Obstruction /Aerial /Interduct Permit. An obstructionlaerialtinterduct permit is required by a registrant if the work proposed may hinder free and open passage over the specified portion of ROW by placing or repairing equipment described therein within the ROW, to the extent and for the duration specified in the permit. An obstructionlaerial/interduct permit is not required if a registrant has been issued a valid excavation permit for the same project. (3) Pole Attachment Permit. A pole attachment permit is required by the registrant in order to attach a wireless telecommunication facility to an existing public utility structure in the public ROW. A pole April 9, 2007 City Council Meeting 13 attachment permit is not required if a registrant has been issued a valid excavation permit for the same project. (b) Permit Extension. No person may excavate or obstruct the ROW beyond the date or dates specified in the permit or do any work outside the area specified in the permit unless such person makes a supplementary application before the expiration of the permit. Payment of all fees for an extension of the permit is required before extension may be granted by the City; If the work could not be completed because of circumstances beyond the control of the permit holder or the work was delayed or prohibited by unseasonable or unreasonable conditions, the City may grant and extend the completion date of the work. (c) Delay Penalty. Notwithstanding Subsection (b) of where excavating or obstruction work in the ROW'' extension application has been made prior to the expirat imposed if the delay is due to circumstances beyond the limitation inclement weather, acts of God, or civil strife., (d) Application and Fee. An application for a ROW shall be accompanied by a fee as set forth in this person who pays a franchise fee to the City in aci from the payment of permit fees. If the work is to on behalf of the registrant, such application shall be accompanied by the following: Scaled drawings by the applicant. copies at 1" = 50' County Coordina must be dimensic the City may impose' a delay penalty within the time specified' if no permit the permit. A delay penalty will not be the applicant, including without : shall be made' on forms provided by the City and established to reimburse the City for costs. A ce with a franchise agreement shall be exempt be performed by an agent, contractor, or subcontractor be signed by the registrant. The application shall also )wing the location of all known existing facilities and improvements proposed e applicant will be requested to submit in English measurement two (2) paper ale plans at the smallest and /or one (1) copy in Auto CAD format (Ramsey ystem) with X, Y, Z dimensions to 1 foot accuracy electronic plan. All plans I and show existing utilities, curb and gutter, sidewalks, bikeways, signal poles, driveways, boxes, relevant structures, property lines and corners and property addresses. (2) A description of the methods that will be used for installation. (3) A proposed schedule for all work. April 9, 2007 City Council Meeting 14 (4) The location of any public streets, sidewalks or alleys that will be temporarily closed to traffic during the work and proposed detour route with appropriate signage. (5) A description of methods for restoring any public improvements disrupted by the work. (6) Any other information reasonably required by the City. (e) Security. A performance bond and cash deposit in an amount determined by the City shall be required from each applicant. The applicant, at its option, may post security sufficient to cover all projects contemplated for the current calendar year. The performance bond must be approved by the City Attorney. Security required pursuant to this Subsection shall be conditioned that the holder will perform the work in accordance with this Article and applicable regulations and will pay to the City any costs incurred by the City in performing work pursuant to this Article. Said conditions will indemnify and save the City and its officers, agents and employees harmless against any and all claims, judgment or other costs arising from any excavation and related work covered by the ROW permit. And to include further indemnification by reason of any accident or injury to persons or property through the fault of the permit holder, either for improperly fencing and guarding the excavation or for any other injury resulting from the negligence or willful actions of the permit holder. The bond or any unused portions of a cash deposit shall be released by the City upon completion of the work and compliance' with all conditions imposed by the ROW permit. For permits allowing excavations within public streets, such bond or unused part of a cash deposit shall be held for a period of twenty -four (24) months to guaranty adequacy of all restoration work. (f) Permit Issuances; Conditions. City shall grant a ROW permit upon finding the work will comply with the requirements of this Article. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant there under to protect the public health, safety and welfare, to insure the structural integrity of the ROW, to insure completion of restoration of the ROW within a specified period, to protect the property and safety of other users of the ROW and to minimize the disruption and inconvenience to the traveling public. If it is determined by the Office of the ROW Engineer that the proposed ROW intrusion or use is not in the best interest of the city and no agreement or alternative compromise solution is feasible, the applicant may appeal the Engineers decision to the Director of Public Works. Should the issue there remain un- resolved, the applicant may then request to address the case before the Maplewood City Council for final disposition. April 9, 2007 City Council Meeting 15 If the applicant's ROW permit application is terminated at any given level, the city may at its discretion, elect to grant a partial refund of fees that may have been paid but shall not disburse any part of the basic Registration Fee or more that 50% of the Administrative Fees. No ROW permit shall be issued to any person who has failed to register pursuant to this code. (g) Du m psters/Porta ble-on-Dema nd-Sto rage (POD) Units. The placement of dumpsters or POD units in the street portion of the ROW is not allowed. Dumpsters or POD units may be placed within the boulevard or driveway portions of the ROW provided that they do not obstruct pedestrian traffic along sidewalks or trails and the boulevard is restored to previous conditions. In extraordinary circumstances, the City Right of Way Engineer may make exceptions to this provision and applicant shall be subject to the permitting and fee requirements of this ordinance. (h) Exceptions. No permit shall be required for the following: (1) Approved surface landscaping work. (2) Approved private sidewalks, street furnishings, posts and pillars. (3) Snow removal activities. (4) Irrigation systems provided that the system does not connect directly to water mains in the ROW installed at the property owner risk. (5) Activities of the City of Maplewood. (6) If granted approval by the city, piercing or drilling a street or sidewalk /trail pavement for the purpose of exploratory examination or utility depth determination. SEC. The work to be done under the ROW permit and the patching and restoration of the ROW as required herein, must be completed within the dates'_ specified in the permit. It may be increased by as many days as work could not be done because of circumstances beyond the control of the permit holder or when work was prohibited as unseasonable or un SEC. 32 -11. STANDARDS FOR CONSTRUCTION OR INSTALLATION. (a) General Standards. The permit holder shall comply with the following standards, to the extent consistent with applicable Minnesota rules, when performing the work authorized under the permit: (1) Take such precautions as are necessary to avoid creating unsanitary or unsafe conditions. Observe and comply with all laws, rules and regulations of the State and local governments. April 9, 2007 City Council Meeting 16 (2) Conduct the operations and perform the work in a manner as to insure the least obstruction to and interference with traffic. (3) Take adequate precautions to insure the safety of the general public and those who require access to abutting property. (4) Notify adjoining property owners prior to commencement of work which may disrupt the use of and access to such adjoining properties. (5) Comply with the Minnesota Manual of Uniform Traffic Control Devices at all times during construction or installation. (6) Exercise precaution at all times for the protection of persons, including employees and property. (7) Protect and identify excavations and work operations with barricade flags and if required, by flagmen in the daytime and by warning lights at night. (8) Provide proper trench protection as required by O.S.H.A. (9) Protect the root growth of trees and shrubbery. (10) Where possible, provide for space in the installation area for other telecommunication ROW users and companies which install facilities in public ROW. (11) Maintain maximum access to all properties and cross streets as possible during construction operations and maintain emergency vehicle access at all times. (12) Maintain planned alignment and grade unless otherwise authorized by the City. Field changes not approved by the City will require removal and reconstruction. (13) During trenching of facilities, a_warning tape must be placed at a depth of twelve (12) inches above all copper cables with over two hundred (200) pairs and above any fiber facilities. (14) Beneath concrete or bituminous paved road surfaces, directional bore facilities shall be installed in conduit of a type approved by the city. (15) The placing of all telecommunications facilities must comply with the National Electric Safety Code, as incorporated by reference in Minn. Stat. Sec. 326.243. (16) Locate all property lines near ROW lines and replace any disturbed property corner markers or judicial monuments. A Minnesota licensed surveyor must be used in the replacement of disturbed property corners markers or iudicial monuments. April 9, 2007 City Council Meeting 17 (17) Excavations, trenches and jacking pits off the roadway or adjacent to the roadway or curbing shall be sheathed and braced depending upon location and soil stability and as directed by the City. (18) Excavating, trenches and jacking pits shall be protected when unattended to prevent entrance of surface drainage. (19) All backfilling materials must be placed in 6 inch lifts (maximum) at optimum moisture and compacted with the objective of attaining ninety -five percent (95 %) of Standard Proctor Density. Compaction shall be accomplished with hand, pneumatic or vibrating compactors as appropriate. (20) Backfill material shall be subject to the approval of the City. The City may permit backfilling with the material from the excavation provided such material is granular in nature and acceptable to the City. (21) Compacted backfill shall be brought to bottom of the gravel of the approved street section. (22) All work performed in the ROW shall be done in conformance with Maplewood Plates 1 to 13, unless a less stringent standard is approved by the City. (23) Street and pedestrian traffic shall be maintained throughout construction unless provided otherwise by the permit. (24) No road surface damaging lugs, cleats or equipment may be used or driven upon paved city street surfaces. (25) Dirt, trash or other debris must be periodically removed during construction (26) Other reasonable standards and requirements of the City. (b) Standards for Installation of Underground Utilities. The permit holder shall comply with the following standards when installing facilities underground: (1) Underground facilities must be placed as far off the roadway as possible to provide access from outside of the paved area. (2) Buried fiber facilities shall be at a minimum depth of three (3) feet and a maximum depth of four (4) feet unless an alternate location is approved by the City. Buried copper facilities beneath concrete or bituminous paved road surfaces must be placed at no less than three (3) feet but no more than four (4) feet deep. Other buried copper facilities must be placed at a minimum depth of thirty (30) inches and a maximum depth of four (4) feet. April 9, 2007 City Council Meeting 18 (3) Crossing of streets and hard surfaced driveways shall be directional bored unless otherwise approved by the City. (4) If construction is open cut, the permit holder must install the visual tracers approximately twelve (12) inches above buried facilities. If other construction methods are used, substitute location methods will be considered. (5) The permit holder shall register with Gopher State One Call and comply with the requirements of that system. (6) Compaction in trench backfill material shall be ninety -five percent (95 %) of the standard proctor density and copies of test results shall be submitted to the City. All tests and their locations shall be determined by the City. Tests must be conducted by an independent testing firm approved by the City. Street pavement replacement will not be permitted until sub -base densities are approved by the city. Testing shall be required at the discretion of the ROW engineer. Street Pavement structure and re -paved in accordance with Map replacement shall be done in the vials shall be as specified by the city and wood plates 1 -13. Al l pavement esence of a City inspector with certified pavement material to City specifications. (7) The facilities shall be located so as to avoid traffic signals and signs which are generally placed a minimum of five (5) feet behind the curb. (8) When u located, ng trenchless installation methods to cross an area in which a municipal utility is over the utility kackfilled until (9) All junction bo hydrants, valy the City. directed by the City, the permit holder shall excavate an observation hole re that the City utility is not damaged. Observation holes shall not be nd approved by the city ROW Inspector. points shall be located no closer than ten (10) feet from municipal fire nholes, lift stations or catch basins unless an alternate location is approved by (10) Underground facilities shall not be installed between a hydrant and an auxiliary valve. (11) Underground facilities shall not be installed within five (5) feet of hydrants, valves, lift stations or manholes in areas where utility easements exist beyond the ROW. In those areas in which no utility easement exists, placement of an underground facility shall be between the edge of April 9, 2007 City Council Meeting 19 pavement and no closer than three (3) feet to an existing municipal utility appurtenance unless approved by the City. (12) In areas where an extensive effort to determine the location of municipal utility lines will be required to accommodate the installation of private facilities, the City's representative for Gopher State One Call must be contacted by the permit holder two (2) weeks prior to the beginning of the work to schedule meetings. (13) Buried telecommunication facilities must have a locating wire or conductive shield, except for di- electric cables. (14) Buried fiber facilities must be placed in a conduit of a type determined by the ROW user unless the permit holder obtains a waiver from the City. (15) The standards set forth in the Standards of Installation of Water Mains required by the Board of Water Commissioners of the City of Saint. (c) Standards for Installation of Overhead Facilities. The permit holder shall comply with the following standards when installing facilities (1) All wires must be in compliance with the National Electric' Safety Code and at a location that does not interfere with traffic signals, overhead signs, or street lights. (d) Standards for Wireless Telecommunication (1) Purpose. The City of Maplewood desires high quality wireless communication services to accommodate the needs of residents and businesses. At the same time, the City strives to minimize the negative impacts that wireless telecommunication facilities can have on aesthetics and public safety. Due to the many services that must be delivered within its limited area, the City also strives to avoid unnecessary encumbrances within the public ROW. The City allows and regulates wireless telecommunication facilities outside of the public ROW through performance standards and height limits. The purpose of this Section is to regulate wireless telecommunication facilities within the public ROW in a manner that balances desire for service with aesthetic, public safety, and ROW flexibility concerns. Public ROW are appropriate locations for wireless telecommunication facilities that present minimal impacts (i.e. small pole attachments that do not require new poles, do not require pole extensions, and do not have associated ground mounted equipment). Wireless telecommunication facilities April 9, 2007 City Council Meeting 20 that require greater heights than can be afforded by existing poles in the public ROW and that require ground mounted equipment are more appropriately sited outside the public ROW in accordance with adopted performance standards of this Code. However, the City recognizes that as wireless technology advances, some residential areas of the City may be hard to serve with wireless technology due to the lack of acceptable siting alternatives in the immediate vicinity. In such areas, where no alternative non -ROW locations are available, wireless telecommunication facilities that require pole extensions and ground equipment will be allowed in the public ROW subject to the requirements of this Section which are meant to protect the public health, safety, and welfare. (2) Wireless Telecommunication Facilities as Pole Attachments. Wireless telecommunication facilities that comply with the following requirements may be attached to existing public utility structures within the ROW after issuance of a pole attachment permit. (A) The wireless telecommunication facility shall not extend above the top of the existing public utility structure and the height of the existing public utility structure shall not be increased to accommodate the wireless telecommunication facility. (B) If the public utility structure must be replaced to structurally accommodate the wireless telecommunication facility, the replacement public utility structure height shall not exceed the existing public utility structure height and the replacement public utility structure diameter shall not exceed the existing public utility structure diameter by more than 50 percent. (C) The wireless telecommunication facility shall not be larger than three (3) cubic feet and shall have no individual surface larger than four (4) square feet. (D) The wireless telecommunication facility shall not extend outward from the existing pole or tower or arm thereof by more than two and one half (2 112) feet, except that an antenna one half inch in diameter or less may extend an additional six inches. (E) The wireless telecommunication facility shall include no ground mounted equipment. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. (G) Wireless telecommunication facilities in the ROW shall be removed and relocated at City request subject to the provisions of this Article. April 9, 2007 City Council Meeting 21 (H) The wireless telecommunication facility shall not block light emanating from the public utility structure and shall not otherwise interfere with the original use of the public utility structure. (3) Wireless Telecommunication Facilities as Pole Extensions or with Ground Mounted Equipment. Wireless telecommunication facilities that require increased public utility structure height or that have ground mounted equipment may be erected in the public ROW only when in compliance with the following provisions and after issuance of a pole attachment permit or excavation permit: (A) The applicant shall demonstrate to the satisfaction of the City or his/her designee that the wireless telecommunication facility cannot be placed in a Code complying location outside the ROW within one quarter (1/4) mile of the proposed location. (B) The replacement public utility structure, including lightning rods and all other attachments, shall not exceed the height of the existing public utility structure by more than fifteen (15) feet. Once the height of a public utility structure has been increased under the provisions of this Section, the height shall not be further increased. (C) The replacement public utility'st structure diameter by more than (D) The wireless telecommunication structure by more than two (2) feet. not exceed the existing public utility hall not extend outward from the public utility If feasible and desirable, as determined by the City, the replacement public utility structure shall match the original and surrounding public utility structures in materials and color. (F) The wireless telecommunication facility shall not interfere with public safety communications and shall meet the requirements of this Code. (G) A pole attachment or excavation permit for a wireless telecommunication facility that has equipment will be issued only if the Issuing Authority finds the following: (i) the ground mounted equipment will not disrupt traffic or pedestrian circulation; (ii) the ground mounted equipment will not create a safety hazard; (iii) the location of the ground mounted equipment minimizes impacts on adjacent • ••- • April 9, 2007 City Council Meeting 22 (iv) the ground mounted equipment will not adversely impact the health, safety, or welfare of the community. (H) Ground mounted equipment associated with the wireless telecommunication facility shall meet the following performance standards: (i) be set back a minimum of ten (10) feet from the edge of street or curb line; (ii) be separated from a sidewalk by a minimum of three (3) feet; (iii) be set back a minimum of fifty (50) feet from the nearest intersecting ROW line; (iv) be separated from the nearest ground mounted wireless telecommunication equipment installation on the same block face by a minimum of 330 feet unless the equipment is placed underground; (v) if located adjacent to residential uses, ground mounted equipment shall be limited to three (3) feet in height above grade and twenty seven (27) cubic feet in cumulative size; (vi) if located adjacent to non -r to five (5) feet in height ab+ (Vii) ground mounted equipmer requirements of this Code. uses, ground mounted equipment shall be limited and eighty -one (81) cubic feet in cumulative size; outside the public ROW shall conform to the (viii) vegetative or other screening_ compatible with the surrounding area shall be provided around the ground mounted equipment if deemed necessary by the City. (1) Wireless telecommunication facilities in the ROW shall be removed and relocated at City request subject to the provisions of this Article. (4) New Poles. The construction in the ROW of a new pole to support wireless telecommunication facilities is not allowed, except as a replacement of an existing public utility structure subject to the requirements of this Section. (5) Charges. In addition to the permit fees outlined in this Code, the City reserves the right to charge telecommunication providers for their use of the public ROW to the extent that such charges are allowed under state law. Telecommunication providers shall be responsible for payment of property taxes attributable to their equipment in the public ROW. April 9, 2007 City Council Meeting 23 SEC. 32 -12. PATCHING OR FULL RESTORATION OF ROW. The permit holder shall patch its own work. In lieu of ROW restoration, a ROW user may elect to pay a degradation fee as determined by the City. (a) City Restoration. If the City restores the ROW, the permit holder shall pay the costs thereof within thirty (30) days of billing. If, during the twenty -four (24) months following such surface restoration, the pavement settles due to the permit holder's improper backfilling and compaction, the permit holder shall pay to the City, within thirty (30) days of billing, all costs associated with having to correct the defective work. (b) Permit Holder Restoration. If the permit holder restores the ROW, it shall at the time of application for a ROW permit post a performance bond or cash deposit in an amount determined by the City to be sufficient to cover the cost of restoration and any associated erosion and sediment control measures. The performance bond or cash deposit must be approved by the City Attorney. If, within twenty -four (24) months after completion of restoration of the ROW, the City determines the ROW has been properly restored, the posted security will be released. (c) Standards. The permit holder shall perform patching and restoration according to the Maplewood standards specified in Plates 1 to 13, which are attached hereto and incorporated herein. (d) Guarantees. If the permit holder performs the restoration work, the permit holder shall guarantee such work and its maintenance for twenty -four (24) months following its completion. During this twenty -four (24) month period it shall, upon notification from the City, promptly and within 7 working days from receipt of notification, correct all faulty restoration work to the extent necessary, using the method required by the City. SEC. 32 -13. JOINT APPLICATIONS. (a) Joint Application. Registrants may jointly apply for permits to excavate or obstruct the ROW at the same place and time. (b) Shared Fees. Registrants who apply for permits for the same obstruction or excavation may share in the payment of the obstruction or excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. April 9, 2007 City Council Meeting 24 SEC. 32 -14. OTHER OBLIGATIONS. (a) Compliance With Other Laws. The permit holder must obtain all other necessary permits, licenses and approvals and pay all fees required. The permit holder shall comply with all requirements of local, state and federal laws, including Minn. Stat. Secs. 216D.01 -.09 ( "One Call Excavation Notice System "). A permit holder shall perform all work in conformance with all applicable codes and established rules and regulations and is responsible for all work done in the ROW pursuant to its permit, regardless of who does the work. (b) Prohibited Work. Except in an emergency, and with the approval of the City, no ROW excavation or obstruction may be done when seasonally prohibited or (c) Interference with ROW. A permit holder shall not passage of water through the gutters or other nditions are unreasonable for such work. ct a ROW that the natural free and clear shall be interfered with. SEC. 32 -15. DENIAL OF PERMIT. The City may deny a permit based on any of the followini (a) Failure to register pursuant to requirements of this ds: (b) The applicant is subject to revocation of a (c) The proposed schedule for work would conflict other similar event. (d) The proposed schedule conflicts with to this Article. re with an exhibition, celebration, festival or any or partial reconstruction of the ROW. (e) The applicant fails to comply with the requirements of this Article or other provisions of this Code. (f) The City determines that denial is necessary to protect the health, safety and welfare of the public or protect the ROW and its current use. SEC. 32 -16. EMERGENCIES AND WORK DONE WITHOUT A PERMIT. Each registrant shall immediately notify the City and all other affected parties or property owners of any event regarding its facilities which it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. If the registrant has not been issued the required permit, the registrant shall, within two (2) business days after the occurrence of the emergency, apply for the necessary permits, pay the permit fees (where necessary) and fulfill the remaining requirements necessary to bring itself into compliance with this Article for the actions it took in response to the emergency. April 9, 2007 City Council Meeting 25 If the City becomes aware of an emergency regarding a registrant's facilities, the City shall attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The City may take whatever action deemed necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a ROW must subsequently obtain a permit and (where appropriate) as a penalty, pay twice the normal fee for the permit and shall deposit with the City the fees determined to correct any damage to the ROW. SEC. 32 -17. INSPECTION. (a) Site Inspection. The permit holder shall make the work site available to the City and to all others authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (b) Authority of City (1) At the time of inspection, the Ci serious threat to the life, health, immediate cessation of any work which poses a ling of the public. (2) The City may issue a = stop -work order to ti the terms of the permit or other applicabeE that failure to correct the violation within a If the violation is not corrected within the PERMITS. ermt holder for any work which does not conform to ndards, conditions or codes. The order shall state €ed deadline will be cause for revocation of the permit. d deadline, the City may revoke the permit. (a) Substantial Breach. The City may revoke a ROW permit, without a fee refund, if there is a substantial breach of the terms or conditions of any statute, this Code, rule or regulation, or any condition of the permit. A substantial breach of a permit holder shall include, but not limited to, the following: (1) The violation of any material provision of the permit. (2) Any material misrepresentation of fact in the application for a permit. (3) The failure to maintain the required bonds or other security and insurance. (4) The failure to complete the work in a timely manner. (5) The failure to correct, in a timely manner, work that does not conform to applicable standards, conditions or codes, upon inspection and notification by the City of the faulty condition. April 9, 2007 City Council Meeting 26 (6) An evasion or attempt to evade any material provision of the ROW permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens. (7) The failure to comply with the terms and conditions of any applicable federal, state and local laws, rules and regulations, including any provision of this Article. (b) Notice of Breach. If the City determines that a permit holder has committed a substantial breach of a term or condition of any statute, this Code, rule or regulation or any condition of the permit, the City shall make a written demand upon the permit holder to remedy such violation within a reasonable period of time or be subject to potential revocation of the permit. The City may impose additional or revised conditions on the permit to mitigate or remedy the breach. (c) Reimbursement of City Costs. If a permit is revoked, the permit holder shall reimburse the City for its reasonable costs, including restoration costs and the costs of collection and reasonable attorney fees incurred in connection with the revocation. SEC. 32-19. APPEAL. (a) Filing of Appeal. Any person aggrieved by, (i) the denial of a permit application; (ii) the denial of a registration; (iii) the revocation of a permit, or (iv) the application of the fee schedule imposed by this Code, may appeal to the City Council, by filing a written notice of appeal with the City Clerk. Said notice must be filed within twenty (20) days of the action causing the appeal. (b) Notice of Hearing. The City Council shall hear the appeal at its next regularly scheduled meeting, unless the time is extended by agreement of the parties. Notice of the date, time, place and purpose of the hearing shall be mailed to the (c) Hearing and Decision. The City Council shall, at the hearing, consider any evidence offered by the appellant, the City and any other person wishing to be heard. The Council shall issue a written decision within thirty (30) days of the completion of the hearing. SEC. 32 -20. MAPPING DATA. (a) Information Required. Each registrant shall provide mapping as required by the City and which shall include the following information: (1) Location and approximate depth of registrant's mains, cables, conduits, switches and related equipment and facilities, with the location based on: April 9, 2007 City Council Meeting 27 (A) offsets from property lines, distances from the centerline of the public ROW and curb lines as determined by the City; or (2) (3) (4) (B) Ramsey County Coordinate System; or (C) Any other system agreed upon by the ROW user and the City; The type and size of the utility; A description showing above- ground appurtenances; A legend explaining symbols, characters, abbreviations, and (5) Any facilities to be abandoned, if applicable, in 216D.04, subdivision 3. (b) Submittal Requirement. data shown on the map; with Minnesota Statutes, Section (1) Within two (2) years after the effective date of this ordinance, all telecommunication ROW users shall submit comprehensive detailed maps, if available, in accordance with Subsection (a) of this Section, for all facilities and equipment installed, used or abandoned within the public ROW. (2) Subsequent to providing the required comprehensive facility map, interim mapping data shall be submitted by all registrants for all equipment and facilities which are to be installed or constructed after the effective date of this ordinance at such time as permits are sought pursuant to this ordinance. (c) Trade Secret Information. At the request of any registrant, information requested by the City which qualifies as "trade secret' data under Minnesota Statutes, Sec. 13.37(b) shall be treated as trade secret information as detailed therein. SEC. 32 -21. RELOCATION OF FACILITIES. A ROW user shall promptly and at its own expense, with due regard for seasonal working conditions, remove and relocate its' facilities in the ROW when it is necessary to prevent interference or obstruction, but not merely for the convenience of the City, in connection with: (1) a present or future City use of the ROW for a public project or facility, (2) the public health or safety; or (3) the safety and convenience of travel over the ROW. The registrant shall restore any ROW to the condition it was in prior to removal and relocation. April 9, 2007 City Council Meeting 28 SEC. 32 -22. DAMAGE TO OTHER FACILITIES. When the City does work in the ROW and finds it necessary to maintain, support, or move registrants' facilities to protect it, the City shall notify the registrant as soon as possible. The costs associated therewith shall be billed to the registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the ROW which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrants' facilities. SEC. 32 -23. ROW VACATION. (a) Reservation of Right. If the City vacates a ROW wh registrant or permit holder, and if the vacation does n holder's equipment or facilities, the City shall reserve,' having equipment and facilities in the vacated ROW, the equipment and facilities in the vacated ROW and to enter reconstruction, inspecting, maintaining or repaid II, maintain and operate any ROW at any time for the purpose of (b) Relocation of Facilities. If the vacation requires the relocation of the registrant's or permit holder's equipment or facilities; and (i) if the vacation proceedings are initiated by the registrant or permit holder, the registrant or permit holder must pay the relocation costs; or (ii) if the vacation proceedings are initiated by the City, the registrant or permit holder must pay the relocation costs unless otherwise agreed to by the City and the registrant or permit holder; or (iii) if the vacation proceedings are initiated by a person or persons other than the registrant or permit holder, such person or persons must pay the on costs. SEC. 32 -24. ABANDONED AND UNUSABLE EQUIPMENT AND FACILITIES. (a) Discontinued Operations A registrant who has determined to discontinue all or a registrant's obligations for its facilities in the ROW under this chapter have been lawfully assumed by another registrant. )ntains the equipment or facilities of a uire the relocation of the registrant's or permit d for itself and all registrants or permit holders April 9, 2007 City Council Meeting 29 (b) Removal of Abandoned Facilities. Any registrant who has abandoned facilities in any ROW shall remove it from that ROW to the extent such facilities interfere with another ROW repair, excavation, or construction, unless this requirement is waived by the City. SEC. 32 -25. INDEMNIFICATION AND LIABILITY. By registering with the City or by accepting a permit granted under this Article, a registrant or permit holder agrees as follows: (a) Limitation of Liability. By reason of the acceptance of a registration or the grant of a ROW permit, the City does not assume any liability (i) for injuries to persons, damage to property or loss of service claims by parties other than the registrant or the City, or (ii) for claims or penalties of any sort resulting from the installation, presence, maintenance or operation of equipment or facilities by registrants or permit holders or activities of registrants or permit holders. (b) Indemnification. A registrant or permit holder shall indemnify, keep and hold the City, its officials, employees and agents, free and harmless from any and all costs, liabilities, and claims for damages of any kind arising out of the construction, presence, installation, maintenance, repair or operation of its equipment and facilities, or out of any activity undertaken in or near a ROW, whether or not any act or omission complaint of is authorized, allowed or prohibited by a ROW permit. The foregoing does not indemnify the City for its own negligence except for claims arising out of or alleging the City's negligence in issuing the permit or in failing to properly or adequately inspect or enforce compliance with a term, condition or purpose of a permit. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the registrant, permit holder or the City, and the registrant or permit holder, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert on its own behalf. If the registrant or permit holder is required to indemnify and defend, it shall thereafter have control of the litigation, but the registrant or permit holder may not settle the litigation without the consent of the City. Such consent will not be unreasonably withheld. SEC. 32 -26. FRANCHISE HOLDERS. If there is a conflict in language between the franchise of a person holding a franchise agreement with the City or the Water Service Agreement with the City and this Article, the terms of the franchise or Water Service April 9, 2007 City Council Meeting 30 agreement shall prevail. SEC. 32-27. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Article is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. APPENDIX I ESSENTIAL MUNICIPAL Special conditions and provisions to regulate and control which previous agreements or ordinances have been en; respective service providers. ons by essential service providers for approved by the City in concurrence with the INDEX Article Participating Muni( A. City of Little Canada B. City of North Saint Paul C. City of Saint Paul D. City of Oakdale E. City of Woodbury F. Board of Water Commissioners of the City of Saint Paul Seconded by Councilmember Hjelle Ayes -all L. NEW BUSINESS 1. Funding Request for Silver Lake Improvement Association for Treatment of Noxious and Invasive Weeds in Silver Lake a. Environmental Manager Konewko presented the report. b. Paul Swan, 2932 Lake Boulevard, Secretary of the Silver Lake Improvement Association, presented graphics showing lake quality and spoke regarding Silver Lake's water quality. C. Ron Cockriel, 943 Century Avenue, commented on disallowing boat ramp use which brings invasive weeds into Silver Lake and suggested the council prioritize the other effected lakes in Maplewood. d. Dave Johnson, 2587 Lydia, asked the council to investigate this project further as there are still too many questions to appropriate funds to it. April 9, 2007 City Council Meeting 31 Councilmember Rossbach moved to recommend the city council appropriate $7,500 of funds from the 2007 Environmental Utility Fund budget toward the request for a one -year demonstration treatment project to be implemented by the Silver Lake Improvement Association and that this funding shall be conditioned on the completion of a detailed macrophyte survey as defined by city staff prior to the consideration of any additional funding in subsequent years; and that the report needs to include a report on properties within the watershed participation and proiects that they have implemented to improve the lake: and that the boat ramp be closed at least on a temoorary basis. Seconded by Councilmember Juenemann Mayor Longrie suggested that the city needs to prioritize lakes in Maplewood by water quality, that she is concerned that the cities of North St. Paul and Oakdale have lakeshore residents and yet will not donate to this project without Maplewood's participation, and that she is concerned with the condition of the environmental utility fund. City Attorney Kantrud recommended that the motion be clarified to include verbiage on determining the reopening of the boat ramp. Commissioner Rossbach responded by clarifying his motion to include that it would be left to the discretion of staff to recommend when to reopen the boat ramp. The council voted as follows: The motion failed. nn, Rossbach ncilmembers Cave, Hjelle 2. On Sale Intoxicating Liquor License Douglas Selly — for TGI Fridays a. Citizen Services Manager Guilfoile presented the report. b. The applicant Doug Selly, 10402 102n Place North, Maple Grove, was present and addressed the council. Councilmember Hjelle moved approval of the intoxicating liquor license as requested. Seconded by Councilmember Cave Ayes -all 3 Century Avenue Improvements (Brookview Drive to Lake Road), City Project 03 -15, Resolution Ordering Preparation of Feasibility Study. a. Public Works Director Ahl presented the report. Councilmember Juenemann moved approval of the following resolution ordering the preparation of the feasibility study for the Century Avenue Improvements (Brookview Drive to lake Road) and appropriate $10,000 of future Municipal State Aid Street funds to prepare the study: April 9, 2007 City Council Meeting 32 RESOLUTION 07 -04 -046 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to Century Avenue from Brookview Drive to Lake Road, City Project 03 -15, in cooperation with Ramsey County, Woodbury, MnDOT, and Washington County, 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 the scope of the project and estimated financial impacts of the improvement as recommended. FURTHERMORE, funds in the amount of $10,000 are appropriated to prepare this feasibility report. Seconded by Councilmember Rossbach Ayes -all 4. Cottagewood Public Improvements, City Project 06 -10, Resolution Ordering Preparation of Assessment Roll a. Public Works Director Ahl presented the report. Councilmember Juenemann moved to approve the following resolution for the Cott 407-04-047 ENT ROLL HEARING WHERE Improvements, 10. ngineer received bids for the Cottagewood Public 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, 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 Cave Ayes -all 5. Desoto Skillman Area Streets, City Project 06 -16, and Mogren Street Improvements, City Project 06 -17, Approving Resolution to Advance Municipal State Aid Street Funds a. Public Works Director Ahl presented the report. Councilmember Cave moved to approve the following resolution requesting an advance encumbrance of $1,734,000 to our Municipal State Aid account: April 9, 2007 City Council Meeting 33 RESOLUTION 07 -04 -048 MUNICIPAL STATE STATE AID STREET FUNDS ADVANCE RESOLUTION WHEREAS, the Municipality of Maplewood is planning to implement Municipal State Aid Street Projects in 2007 which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said municipality is prepared to proceed with the construction of said projects through the use of an advance from the Municipal State Aid Street Fund to supplement the available funds in their State Aid Construction Account, and WHEREAS, the advance is based on the following determination of estimated expenditures: Account Balance as of March 29, 2007 Less estimated disbursements: Project 138 - 128 -001 Project 138 -133 -002 Project 138- 122 -002 Project 138- 020 -032 Total Estimated Di Advance Amount WHEREAS, repayment of the funds, provisions of Minnesota Statutes 162.14, Subp. 10b, and $1,150,( $ 208,0 $ 188,4 $ 188,0 WHEREAS, the Municipality acknowledge; serve basis and this resolution does not guara $1, e in accordance with the Rules, Chapter 8820.1500, ice funds are released on a first- come - first- e availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the Municipality of Maplewood in an amount up to $1,734,000. 1 hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality in accordance with the schedule herein indicated: Repayment from entire future year allocations until fully repaid I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Maplewood, County of Ramsey, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Maplewood, Minnesota on the Stn day of April, 2007, as disclosed by the records of said Municipality on file and of record in the office. Seconded by Councilmember Juenemann Ayes -all April 9, 2007 City Council Meeting 34 M. COUNCIL PRESENTATIONS 1. Environmental Opportunities Councilmember Juenemann reported on the upcoming Spring Cleanup Day at Aldrich Arena and also Arbor and Environmental Day at the Maplewood Nature Center, both will be held on Saturday, April 28. 2. Citizen Group — Desoto Skillman Project Mayor Longrie reported on the first citizens group meetin improvement project, who met the previous week, toured committee of six people to work with staff. N. ADMINISTRATIVE PRESENTATIONS 1. Fire Relief Association Update — Fi and Admini Skillman area street and formed a Manager, Bob Mittet Finance & Administration Manager Mittet re Trustees of the Firefighters Relief Associati O. ADJOURNMENT 2 meeting of the Board of April 9, 2007 City Council Meeting 35 Mayor Longrie adjourned the meeting at 9:55 p Agenda Item G1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer DuWayne Konewko, Environmental Manager SUBJECT: Update on Maplewood's Spring Clean -up Event and Nature Festivities DATE: April 13, 2007 INTRODUCTION Maplewood Celebrates The 2007 Maplewood Spring Clean -Up Event is scheduled to take place on April 28 at Aldrich Arena, 1850 White Bear Avenue, from 7a.m. to 1 p.m. Maplewood residents will be able to dispose of old appliances, computers, monitors, TVs, tires, construction debris, mattresses, old furniture, car parts, scrap metal, and other assorted items. No brush or tree waste will be accepted. Attached is a flyer with additional information which includes the fee schedule. In conjunction with this clean -up event, the City will be sponsoring a food drive for the Second Harvest Food Bank. Maplewood's Spring Clean -up Event is being scheduled at the same time as Ramsey County's Household Hazardous Waste collection program. Household hazardous waste including oil, paint and related items, antifreeze, and household chemicals will be accepted free of charge. The household hazardous waste collection program will run from 8 a.m. to 4 p.m. Combining these two services will offer residents the opportunity to participate in both events without making additional trips for disposal of these items. Maplewood's Environmental and Natural Resource Commission members will also be present at this collection event to answer questions and distribute educational information to the residents. In addition, commission members will be charged with the task of persuading residents to attend the Maplewood Celebrates Arbor Day and Environmental Day in conjunction with the festivities associated with "Maplewood Celebrates 50 Years ". The Arbor /Environmental Day celebration will take place at the Nature Center from 1 p.m to 4 p.m., also on April 28 This event will provide residents with the opportunity to learn how to incorporate environmental sustainable practices into everyday life. Crafts, live music, food and door prizes will be available at this event. A poster flyer of this celebration event is included as an attachment. As part of this celebration, The Environmental and Natural Resource Commission are launching the "Great Tree Search ". The commission would like residents, schools, businesses, and the City of Maplewood to locate heritage trees. The City will then create a record of these trees and this information will be available on the City's website. This is a wonderful opportunity to educate people about the value of trees. Attached is a letter that was distributed to the educators in the City with information on how to get started. RECOMMENDATION No formal action is being requested by council. Attachment: 1. Spring Clean -Up Event Fee Schedule /information Fact Sheet 2. The Great Tree Search Informational Letter I •' ill SPRING CLEAN -UP DAY The city will be holding a Spring Clean -Up Event from 7 a.m. to 1 p.m. on April 28 in the Aldrich Arena parking lot (1850 White Bear Ave). Maplewood residents (proof of residency is required) will be able to dispose of old appliances, computers, monitors, TVs, tires, construction debris, mattresses, old furniture, car parts, scrap metal, and other assorted junk (refer to charges below for disposal cost). No brush or tree waste will be accepted. Maplewood's spring clean -up event is being scheduled at the same time as Ramsey County's Household Hazardous Waste collection program. Hazardous waste including oil, antifreeze, paint and other hazardous waste items will be accepted free of charge. The Household Hazardous Waste collection program will run from 8 a.m. to 4 p.m. Combining these two services will offer residents the opportunity to participate in both events without making additional trips for disposal. In conjunction with the clean up, the city will be sponsoring a food drive for the Second Harvest Food Bank. Containers will be set up to collect food items. Tuna, peanut butter, macaroni and cheese, canned soups, stews, infant items, dried foods, and cash are needed. CLEAN — UP DAY COLLECTION FEES: Cash or check only Cars without a trailer .................... ............................... Pick -up trucks and cars with trailers .. ............................... Exceptionally large loads (determined by the city) ................ Computer /monitor (in addition to above costs) ..................... Car tire with or without rims (in addition to above costs) ....... TVs all sizes (in addition to above costs ) ........................... VCRs (in addition to above costs) ..... ............................... Printers (in addition to above costs) ... ............................... Residential appliances (in addition to above costs) ............ Example fees: Car without trailer plus console TV .................. $20 Pick -up truck with appliance and computer...... $40 The fees remain unchanged from last year. $10 $15 $25 plus $15 $3 $10 $10 $10 $10 Please call 651 -249 -2400 with any questions you may have regarding the Spring collection event. Dear Educators, Spring, 2007 The Environmental Commission is planning an event in April entitled "Celebrating Nature in Maplewood" which combines Earth Day, Arbor Day, as a part of Maplewood's 50 -year anniversary. The FREE event will be held April 28, 2007, at Maplewood Nature Center from 1:00 until 4:00 p.m. (See flier) Many events are planned for the day which will amaze, educate, and entertain everyone who attends. One of the activities the Environmental Commission will be launching is the "GREAT TREE SEARCH ". We want citizens to find big trees, old trees, great trees of every species and help us create a record of these trees that have survived and provided us with so many wonderful benefits. Perhaps you may find a tree that is one of the original "bearing trees" that marked the boundaries in the territory of Minnesota. When the surveyors surveyed this area in 1848, they marked bearing trees every 112 mile and recorded the bearing tree species and diameter in their survey notes. The bearing tree records and the surveyors' notes give us a picture of the plant communities in Maplewood in the mid- 1800's. This is a wonderful opportunity for science classes or as an Earth Day /Arbor Day project. Teachers and students can help us in finding and identifying the "Great Trees" in Maplewood. You can borrow a "Great Tree Search Kit" which includes instructions, application form and tree measuring device for a returnable $15 deposit at Maplewood Nature Center. Or if you prefer to use your own measuring device — download the application form and instructions from the city's website: www. ci.maplewood.mn.us /naturecenter . Click on Great Tree Search. Great trees can be nominated as "Heritage Trees" — trees that were part of Maplewood's landscape prior to European settlement. We hope you will join us and be involved in this GREAT project. If you have any questions, please call 651- 249 -2170. Happy searching! The Environmental Commission — The Great Tree Search Committee Trees provide food, shelter and fuel. But some trees have stood watch over lives and events that, woven together, represent the very fabric of our nation. They are symbols of all the good work trees do for the quality of the environment and our quality of life. Big trees provide more cooling shade and more places for wildlife to perch and nest. They sequester more carbon dioxide, trap more pollutants, and purify more water. Although most trees can outlive us - 100 to 200 years is not unusual - they succumb to age, disease and insects, wind, rain, and drought And now, all too often, to the chainsaw buzz of development. All trees work hard to improve our environment. Let's do our part to help recognize and value them. Agenda Item G2 TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: "Star of Life" Award DATE: April 15, 2007 INTRODUCTION Congratulations to EMS Director Captain Robb Prechtel on his "Star of Life" recognition at a banquet held Tuesday, April 10, 2007. The Minnesota Ambulance Association "Star of Life" Program is an annual program established by the Minnesota Ambulance Association (MAA) as a way to recognize and reward individuals for their contributions to EMS. Robb was one of four individuals nominated by Regions Hospital to receive this recognition for his dedication and leadership for improving EMS services in the east metro area. At the awards banquet, 25 EMS personnel were recognized from throughout the state for their dedication. Please congratulate Robb on his award. Agenda Item G3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer DuWayne Konewko, Environmental Manager Bill Priefer, Public Works Operations Analyst SUBJECT: Tree City USA Designation DATE: April 13, 2007 INTRODUCTION The National Arbor Day Foundation in cooperation with the U.S. Forest Service and the National Association of State Foresters recognizes towns and cities across America that meet the standards of the Tree City USA program. The City of Maplewood applied for this prestigious designation in January, 2007 and has been notified by the Minnesota Department of Natural Resources Forestry Division that we have been recommended for approval to the National Arbor Day Foundation. BACKGROUND The City of Maplewood will be officially recognized by the National Arbor Day Foundation in June, 2007 at which time the Maplewood Environment and Natural Resources Commission will present this recognition to council. The Environment and Natural Resources Commission was responsible for championing the effort to be designated as a Tree City USA city. The Tree City USA recognition can make a strong contribution to our city's pride, and it will put us in touch with other communities and resources that can help us improve our program and help with obtaining grants. Many of the trees in a typical city are on public property whether they are boulevard trees, in parks or in Maplewood's case, in our abundant open space. The Tree City USA program is designed to recognize communities that effectively manage their public tree resources and to encourage the implementation of community tree management based on four Tree City USA standards. The four standards provide structure for a community forestry program, require the city's program to demonstrate success based on the judgment of the State Forester's office, and provide for an awareness and appreciation of trees among the residents of the community. The four Tree City USA standards were detailed in the attached December 28, 2006 staff report which approved the Arbor Day Proclamation. RECOMMENDATION No formal action is being requested by council. Attachments: 1. December 28, 2006 agenda report AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer DuWayne Konewko, Environmental Manager Bill Priefer, Public Works Operations Analyst SUBJECT: Approve Arbor Day Proclamation DATE: December 28, 2006 INTRODUCTION The National Arbor Day Foundation in cooperation with the U.S. Forest Service and the National Association of State Foresters recognizes towns and cities across America that meet the standards of the TREE CITY USA program. The City of Maplewood would like to be recognized as a participant in the TREE CITY USA program. TREE CITY USA recognition can make a strong contribution to our city's pride, and it will put us in touch with other communities and resources that can help us improve our program and help with obtaining grants. DISCUSSION Many of the trees in a typical city are on public property whether they are boulevard trees, in parks or in Maplewood's case, in our abundant open space. The TREE CITY USA program is designed to recognize communities that effectively manage their public tree resources and to encourage the implementation of community tree management based on four TREE CITY USA standards. The four standards provide structure for a community forestry program, require the city's program to demonstrate success based on the judgment of the State Forester's office, and provide for an awareness and appreciation of trees among the residents of the community. The four TREE CITY USA standards are: Standard 1: A Tree Board or Department A tree board is a group of concerned citizens, usually volunteer, charged by ordinance to develop and administer a comprehensive community tree management program for the care of trees on public property. Tree boards usually function with the aid of professional foresters. The formation of a seven member ad- hoc Environmental Committee was approved by the City of Maplewood council on January 26, 2004. Subsequently on September 11, 2006, the Environmental Committee was given full commission status by ordinance and renamed the Environmental and Natural Resources Commission. The Commission is aided by the City's Environmental Manager and the City Forester. Standard 2: A Community Tree Ordinance The ordinance should determine public tree care policies for planting, maintenance, and removals. The City of Maplewood adopted by ordinance the Environmental Preservation and Protection of Trees and Woodlands Ordinance on September 11, 2006 which fulfills this standard. Standard 3: A Community Forestry Program with an Annual Budget of at least $2 per capita The City of Maplewood's per capita expenditures for its forestry program are $2.24 per capita. Standard 4: An Arbor Day Observance and Proclamation The City of Maplewood held an Arbor Day observance at the Maplewood Nature Center on April 29, 2006 as we have done for several years. A presentation on the value of trees was given by a member of the Environmental and Natural Resources Commission as well as a presentation by our City Forester on Dutch Elm disease and other tree diseases. A large Northern White Cedar tree was planted and Red and Sugar Maple seedlings were given away to all participants. Although we did publicize and promote the Arbor Day celebration, we did not formally issue a proclamation by our Mayor in 2006, but is hereby recommending adoption of an Official City Proclamation Arbor Day, April 27, 2007 RECOMMENDATION It is recommended that council approve the attached Arbor Day proclamation so that the City of Maplewood has met the four standards required of a community in order to be considered a participant in the TREE CITY USA program. Attachments: 1. Arbor Day Proclamation Arbor Day Proclamation Whereas, In 1872, J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and Whereas, this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and Whereas, Arbor Day is now observed throughout the nation and the world, and Whereas, the City of Maplewood, Minnesota, named for the mighty and majestic Maple tree, is celebrating its 50 Anniversary as a City in 2007, and Whereas, Maplewood wishes to join the over sixty Tree USA cities in Minnesota and Whereas, the people of Maplewood, Minnesota who initiated the statewide movement for the purchase of Open Space by voting upon themselves a property tax levy in 1993 to acquire 308 acres of property all holding a vast store of trees, and natural beauty, and Whereas, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life- giving oxygen, and provide habitat for wildlife, and Whereas, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and beautify our community, and Whereas, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and Whereas, trees, wherever they are planted, are a source of joy and spiritual renewal. Now, Therefore, 1, Diana Longrie, Mayor of the City of Maplewood, do hereby proclaim April 27, 2007 as Arbor Day in the City of Maplewood, and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and Further, I urge all citizens to plant trees to gladden the heart and promote the well -being of this and future generations. Dated this day of Mayor Signature Agenda #G -4 AGENDA REPORT To: City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Presentation of ProLaser III Radar to the Police Department Date: April 10, 2007 Introduction The Police Department is being presented with a ProLaser III radar, and we are requesting City Council approval to accept this radar and to have the presentation made during the April 23, 2007, City Council meeting. C. • • • For the past several years, the Maplewood Police Department has participated in the Minnesota Safe & Sober program. This program pays for overtime shifts for police officers to be on concentrated patrol while targeting areas such as DWI enforcement and seat belt and child safety seat use. Because of our participation in this program and in recognition of our efforts in DWI enforcement, Bob O'Brien, the Metro Area Liaison of Minnesota Safe & Sober, will be presenting the Police Department with a ProLaser III radar, valued at $4,000, which will be used in squad cars for traffic enforcement. Recommendation It is recommended that City Council approval be given to accept the ProLaser III radar from Minnesota Safe & Sober and that the presentation be made at the April 23, 2007, City Council meeting. Action Required For City Council review and action. DJT:js Agenda Item H1 AGENDA REPORT TO: Greg Copeland — City Manager FROM: Charles Ahl, Pubic Works Director /City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Rainbow Foods I Maple Ridge Driveway, City Project 07 -03 a. Public Hearing 7:00 pm b. Resolution Ordering Improvement after Public Hearing (4 votes) DATE: April 12, 2007 INTRODUCTION The public hearing for this project has been scheduled for 7:00 p.m., Monday, April 23, 2007. Notices of the public hearing have been mailed and published. The feasibility study was provided to council at the March 26th, 2007 city council meeting. The study includes information on the proposed improvement, proposed financing and probable assessments. The city council will consider ordering the improvement following the public hearing. Background The city council ordered the preparation of this feasibility study at the February 26 2007 regular meeting. On March 26, 2007 the city council accepted the feasibility report and ordered the public hearing. The proposed project area is illustrated on the attached exhibits. The westernmost driveway ingress /egress to the Maple Ridge Shopping Mall, located at 2515 White Bear Avenue, needs repairs and modifications in order to correct pedestrian safety issues and increase accessibility to large delivery trucks. Delivery trucks to the strip mall have damaged the sidewalk and curb. The City has initiated the public improvement process in order to address these issues. A resident has filed a claim against the city due to this failed section of sidewalk. This project will correct any deficiencies that were brought to the City's attention by the claim. The city was not aware of the failed section of sidewalk prior to the resident's claim. It has come to the attention of the City staff that the Maple Ridge Mall property has changed hands. The previous owner, RREEF Real Estate, has sold the property to Starpoint Commercial Management. City staff has been in contact with the new property owners and has notified them of the public hearing directly. The original owners of the mall have also been passing the information on to the new owners. The proposed project schedule anticipates construction beginning as early as July 2007 and completion of the project in August 2007. Budget Impact The resolution calls for establishing a project budget of $17,760. It is intended that 100% of the project costs will be funded by assessment to the property owner at 2515 White Bear Avenue. RECOMMENDATION It is recommended that the city council approve the attached resolution ordering the improvement of the Rainbow Foods / Maple Ridge Driveway, City Project 07 -03. Attachments: 1. Resolution Ordering Improvement After Public Nearing 2. Project Area Drawings • • WHEREAS, a resolution of the city council adopted the 26 day of March, 2007, fixed a date for a council hearing on the proposed improvements for the Rainbow Foods 1 Maple Ridge Driveway, City Project 07 -03. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on April 23rd, 2007, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Rainbow Foods 1 Maple Ridge Driveway, City Project 07 -03. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 23rd day of April 2007. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $17,760 shall be established. The total cost of the project will be 100% assessed to the property at 2515 White Bear Avenue, Maplewood, MN. y 41 41 ro i-6 15 cu cu v v. ..:: :€ ... { ID a { 6� ti J ma�yy: p Ln y n ca W xt uH J Gov _ Uj ... x ....... J J e- W ' 'CL s � � v t (, LU x s x AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: April 23, 2007 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 40,123.35 Checks # 72415 thru # 72463 dated 04/03/07 thru 04/10/07 $ 551,098.14 Disbursements via debits to checking account dated 03/30/07 thru 04/05/07 $ 339,191.30 Checks # 72464 thru # 72512 dated 04/17/07 $ 291,562.92 Disbursements via debits to checking account dated 04/06/07 thru 04/11/07 $ 1,221,975.71 Total Accounts Payable PAYROLL $ 448,947.40 Payroll Checks and Direct Deposits dated 03 /30/07 $ 2,705.47 Payroll Deduction check # 1001780 thin # 1001782 dated 04/06/07 $ 451,652.87 Total Payroll $ 1,673,628.58 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2007\Agenda Reports \04- 23 -07 \I1 Approval of Claims Check Register City of Maplewood Check Date Vendor Description Amount 72415 0410312007 02033 VOID 0.00 72416 04/0312007 03855 BRANDY KING REFUND B KING OVERPD AMB 03005017 762.00 72417 0410412007 02033 MN TWINS DARE TWINS GAME TICKETS 4,088.00 72418 04/1012007 01190 XCEL ENERGY ELECTRIC UTILITY 1,072.94 72419 04/1012007 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEE 3112 - 3125 1,056.06 72420 04/1012007 03744 ANTHONY BARILLA, JR VOLLEYBALL OFFICIAL 552.00 72421 0411012007 03856 JACALYN BEDWORTH INSTRUCTOR FOR WILLOW BASKETRY 160.00 72422 0411012007 00173 TIM BELDEN TUNE PIANO 60.00 72423 0411012007 03738 BETHEL & ASSOCIATES, PA HR SERVICES 317 - 3129 6,558.00 72424 0411012007 01869 DALE BOETCHER VOLLEYBALL OFFICIAL 46.00 72425 0411012007 01865 DON BOWMAN VOLLEYBALL OFFICIAL 468.00 72426 04/1012007 02921 MICHAEL J DUGAS REIMS FOR TUITION 311 - 3131 213.75 72427 04/1012007 01401 FIRST STUDENT INC MCC BUS FEE TO GRAND SLAM EAGAN 202.50 04/1012007 01401 FIRST STUDENT INC MCC BUS FEE TO SUN RAY BOWL 155.00 72428 0411012007 03803 BEKAH GRAHAM VOLLEYBALL OFFICIAL 69.00 72429 0411012007 01867 PERRY HANSON VOLLEYBALL OFFICIAL 253.00 72430 0411012007 03538 PATRICK JAMES HUBBARD VOLLEYBALL OFFICIAL 1,150.00 72431 0411012007 02995 INTEGRATED LOSS CONTROL INC RIGHT -TO -KNOW TRAINING - MARCH 713.00 0411012007 02995 INTEGRATED LOSS CONTROL INC RIGHT -TO -KNOW TRAINING - APRIL 713.00 72432 04/1012007 03853 METRO SOUND & LIGHTING INC REPAIR SOUND /LIGHT BOARD IN 130.00 72433 04/1012007 00901 MN GFOA MEMBERSHIP 40.00 72434 04/1012007 03850 MN PRIMA REGISTRATION FEE 40.00 72435 04/1012007 03022 RANDALL MOTT VOLLEYBALL OFFICIAL 276.00 72436 04/1012007 03737 MARCIA CHRISTENA MUELLER VOLLEYBALL OFFICIAL 207.00 72437 04/1012007 01202 NYSTROM PUBLISHING CO INC CITY NEWSLETTER - FEB / PARKS & 8,023.73 04/1012007 01202 NYSTROM PUBLISHING CO INC SCHOOL BROCHURE 2,378.81 04/1012007 01202 NYSTROM PUBLISHING CO INC CORPORATE MEMBERSHIP BROCHURE 1,060.74 72438 04/1012007 00001 ONE TIME VENDOR REFUND D GAUSMAN - MEMBERSHIP 654.98 72439 04/1012007 00001 ONE TIME VENDOR REFUND V VANG - OVERPD AMB 329.60 72440 04/1012007 00001 ONE TIME VENDOR REFUND Y STIEGLER - VOLLEYBALL 215.00 72441 0411012007 00001 ONE TIME VENDOR REFUND B MCCURDY - VOLLEYBALL 200.00 72442 04/1012007 00001 ONE TIME VENDOR REFUND EMMA NORTON SERVICES - 193.80 72443 04/1012007 00001 ONE TIME VENDOR REFUND BIG SISTER BIG BROTHERS 58.80 72444 04/1012007 00001 ONE TIME VENDOR REFUND B FONVILLE - OVERPD AMB 44.54 72445 04/1012007 00001 ONE TIME VENDOR REFUND DISCOVERY CLUB - GROUP 25.20 72446 04/1012007 00001 ONE TIME VENDOR REFUND NEIGHBORHOOD HOUSE - TAX 16.58 72447 04/1012007 02043 OVERHEAD DOOR COMPANY REPAIR DOOR 608.90 72448 04/1012007 01863 ROGER PACKER VOLLEYBALL OFFICIAL 759.00 72449 04/1012007 03152 KELLY PRINS REIMB FOR LIGHT BULBS 11.72 72450 04/1012007 00396 DEPT OF PUBLIC SAFETY TRANSFER TITLE OF FORFEITURE 70.00 72451 04/1012007 01678 QWEST "AMA DUMP" PHONE INV CN:07001636 150.00 72452 04/1012007 03857 ANGELICA RUMBLE DANCE INSTRUCTOR - EASTER 72.00 72453 04/1012007 03278 SKRYPEK'S DAIRY QUEEN BIRTHDAY PROGRAM CAKES 396.00 72454 04/1012007 03854 SOUTH CENTRAL COLLEGE MN STATE FIRE /EMS RESCUE SCHOOL 65.00 72455 04/1012007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 14.77 72456 04/1012007 01522 STATE OF MINNESOTA DOT INSPECTION DECALS 48.00 72457 0411012007 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 2,019.00 72458 04/1012007 01574 T.A. SCHIFSKY & SONS, INC RE -CYCLE BASE 54.32 72459 04/1012007 03845 THE TOUCH -UP ARTIST INC. REPAIR & TOUCH -UP CITY HALL DOORS 869.25 72460 04/1012007 03334 UNIQUE PAVING MATERIALS CORP WINTER PATCHING MATERIAL 537.72 04/1012007 03334 UNIQUE PAVING MATERIALS CORP WINTER PATCHING MATERIAL 489.69 72461 04/1012007 01695 UNITED RENTALS, INC. TRAFFIC CONES FOR ROAD WORK & 1,330.19 72462 04/1012007 01750 THE WATSON CO INC MDSE FOR RESALE 164.76 72463 04/1012007 1872 WEBER, MARK VOLLEYBALL OFFICIAL 276.00 49 Checks in this report. ig CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date P ayee 03/29107 03/30/07 MN State Treasurer 03/29/07 03/30/07 MN Dept of Natural Resources 03/30/07 04/02/07 MN State Treasurer 03/30/07 04/02/07 US Bank 03/30/07 04/02/07 US Bank 03/30/07 04/02/07 Discover 04/02/07 04103/07 MN State Treasurer 04/03/07 04104/07 MN State Treasurer 03/30/07 04/04/07 US Bank VISA One Card* 04/04107 04/05/07 MN State Treasurer • I F � Description Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar 2 Debt Service Payments Credit Card fees Credit Card fees Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar *Detailed listing of VISA purchases is attached. Amount 16,685.10 921.00 14,601.19 416,312.51 1,767.74 222.03 22,305.53 24,984.93 38,873.76 14,424.35 3 Visa Transactions 03 -17 -07 to 03 -30 -07 Trans Date Posting Date Merchant Name Trans Amount Name 07/03/24 07/03/26 JOANN ETC #1970 $140.28 MANDY ANZALDI 07/03/24 07/03/26 WAL MART $190.16 MANDY ANZALDI 07/03/26 07/03/27 CUB FOODS, INC. $3.58 MANDY ANZALDI 07/03/28 07/03/30 JOANN ETC #1902 $96.60 MANDY ANZALDI 07/03/28 07/03/30 ALL ABOUT DANCE.COM $190.75 MANDY ANZALDI 07/03/28 07/03/30 ORIENTAL TRADING CO $189.12 MANDY ANZALDI 07/03/19 07/03/21 AQUA LOGIC INC $675.83 JIM BEHAN 07/03/23 07/03/26 SPRINT *WIRELESS SVCS $44.50 JIM BEHAN 07/03/23 07/03/26 SIMPLEX GRINNELL WEB P $160.82 JIM BEHAN 07/03/26 07/03/28 MINNESOTA ELEVATOR INC $1,101.42 JIM BEHAN 07/03/26 07/03/28 BLOOMINGTON SECURITY SOLU $93.72 JIM BEHAN 07/03/26 07/03/29 PARK SUPPLY OF AMERICA IN $233.24 JIM BEHAN 07/03/27 07/03/29 TWIN CITY HARDWARE HALE $150.00 JIM BEHAN 07/03/27 07/03/29 THE HOME DEPOT 2801 $59.51 JIM BEHAN 07/03/29 07/03/30 WW GRAINGER 971 $12.97 JIM BEHAN 07/03/29 07/03/30 WW GRAINGER 971 $24.79 JIM BEHAN 07/03/29 07/03/30 WW GRAINGER 971 $37.76 JIM BEHAN 07/03/23 07/03/26 BLUE RIBBON BAIT & TACKLE $9.27 OAKLEY BIESANZ 07/03/24 07/03/26 CARQUEST 01021104 $16.68 RON BOURQUIN 07/03/24 07/03/26 NAPA AUTO PARTS # 28438 $27.13 RON BOURQUIN 07/03/19 07/03/20 P'SHAPES- MINNEAPOLS $57.79 TROY BRINK 07/03/20 07/03/22 THE HOME DEPOT 2801 $39.06 TROY BRINK 07/03/23 07/03/26 SEARS ROEBUCK 1122 $334.89 TROY BRINK 07/03/29 07/03/30 MENARDS 3059 $206.12 TROY BRINK 07/03/23 07/03/26 DEX EAST- LOCKBOX $35.95 HEIDI CAREY 07/03/26 07/03/27 BASS BULLETIN & DIRECTORY $434.90 HEIDI CAREY 07/03/26 07/03/27 SEMINARS NAT'L /PADGETT $249.00 HEIDI CAREY 07/03/26 07/03/28 INNOVATIVE COLOR PRINTING $42.30 HEIDI CAREY 07/03/26 07/03/28 LIFE TIME FITNESS #801 $19.95 HEIDI CAREY 07/03/27 07/03/28 WEDDINGPAGES INC $600.00 HEIDI CAREY 07/03/23 07/03/26 NORTHERN TOOL EQUIP -MN $46.84 CHARLES DEAVER 07/03/23 07/03/26 MENARDS 3022 $19.22 CHARLES DEAVER 07/03/20 07/03/21 HEJNY RENTAL $17.52 DAVE EDSON 07/03/15 07/03/19 THE HOME DEPOT 2801 $119.52 LARRY FARR 07/03/16 07/03/19 WW GRAINGER 500 $97.19 LARRY FARR 07/03/22 07/03/23 CERTIFIED LABORATORIES $47.08 LARRY FARR 07/03/23 07/03/26 CINTAS FIRST AID #431 $100.97 LARRY FARR 07/03/26 07/03/29 ST PAUL LINOLEUM & CARPET $576.00 LARRY FARR 07/03/15 07/03/19 INSIGHT PUBLIC SECTORS $191.40 MYCHAL FOWLDS 07/03/16 07/03/19 PAYPAL INC $59.95 MYCHAL FOWLDS 07/03/22 07/03/23 ONTRACK DATA $197.26 MYCHAL FOWLDS 07/03/27 07/03/28 ATT* SERVICE $1,013.60 MYCHAL FOWLDS 07/03/18 07/03/19 HP DIRECT- PUBLICSECTOR $723.97 NICK FRANZEN 07/03/19 07/03/20 SYX *TIGERDIRECT.COM {$559.98} NICK FRANZEN 07/03/20 07/03/21 BESTBUYCOM 88994009 $234.29 NICK FRANZEN 07/03/19 07/03/20 OFFICE DEPOT #1090 $57.87 PATRICIA FRY 07/03/20 07/03/22 OFFICE DEPOT #1090 {$57.87} PATRICIA FRY 07/03/21 07/03/23 OFFICE DEPOT #1090 $71.31 PATRICIA FRY 07/03/23 07/03/26 OFFICE DEPOT #1090 $18.83 PATRICIA FRY 07/03/28 07/03/29 PAKOR INC $1,611.25 PATRICIA FRY 07/03/28 07/03/30 OFFICE DEPOT #1090 $18.54 PATRICIA FRY 07/03/29 07/03/30 PAKOR INC $293.68 PATRICIA FRY 07/03/23 07/03/26 THE HOME DEPOT 2810 $104.10 VIRGINIA GAYNOR 07/03/20 07/03/22 OFFICE DEPOT #1090 ($39.16) JEAN GLASS Il Visa Transactions 03 -17 -07 to 03 -30 -07 Trans Date Posting Date Merchant Name Trans Amount Name 07/03/19 07/03/21 ARAMARK REF SVS #6013- $397.53 MIKE GRAF 07/03/21 07/03/22 CLOVER SUPER FOODS $213.75 MIKE GRAF 07/03/22 07/03/23 SAINT PAUL AREA CHAMBER $140.00 KAREN E GUILFOILE 07/03/26 07/03/28 MIND CAPTURE GROUP $99.00 KAREN E GUILFOILE 07/03/28 07/03/30 OFFICE DEPOT #1090 $64.41 LORI HANSON 07/03/17 07/03/19 TARGET 00011858 $7.44 PATRICK HEFFERNAN 07/03/24 07/03/26 MENARDS 3059 $43.59 PATRICK HEFFERNAN 07/03/26 07/03/27 TARGET 00011858 {$7.44} PATRICK HEFFERNAN 07/03/24 07/03/26 THE HOME DEPOT 2801 $37.87 RICK HERLUND 07/03/27 07/03/29 THE HOME DEPOT 2801 $12.15 RICK HERLUND 07/03/19 07/03/21 HIRSHFIELD'S MAPLEWOOD $73.46 GARY HINNENKAMP 07/03/15 07/03/19 THE HOME DEPOT 2801 $5.72 RON HORWATH 07/03/27 07/03/28 FEDEX KINKO'S #0617 {$116.09} ANN E HUTCHINSON 07/03/27 07/03/28 FEDEX KINKO'S #0617 $116.09 ANN E HUTCHINSON 07/03/27 07/03/28 FEDEX KINKO'S #0617 $86.85 ANN E HUTCHINSON 07/03/27 07/03/29 RAINBOW FOODS 00088526 $24.35 ANN E HUTCHINSON 07/03/29 07/03/30 WALGREEN 00031229 $3.18 ANN E HUTCHINSON 07/03/16 07/03/19 DALCO ENTERPRISES, INC $557.89 DAVID JAHN 07/03/27 07/03/28 CUB FOODS, INC. $6.91 KEVIN JOHNSON 07/03/28 07/03/29 PYLEMOUNT $22.99 KEVIN JOHNSON 07/03/19 07/03/21 TOUSLEY FORD 127200039 $155.97 TOM KALKA 07/03/23 07/03/26 FEDEX KINKO'S #0617 $451.57 LOIS KNUTSON 07/03/16 07/03/19 MRS FIELDS COOKIES $3.38 ERIN M LABEREE 07/03/15 07/03/19 DE LAGS LANDEN OP01 OF 01 $379.14 STEVE LUKIN 07/03/15 07/03/19 ASPEN MILLS 8005717343 $99.50 STEVE LUKIN 07/03/16 07/03/19 METRO FIRE $609.00 STEVE LUKIN 07/03/27 07/03/29 3M EMPLOYEE STORE #2 $5.31 STEVE LUKIN 07/03/21 07/03/22 PARTY AMERICA 1008 $14.95 DAN MARTIN 07/03/23 07/03/26 OFFICE MAX $4.25 DAN MARTIN 07/03/16 07/03/19 WMS*WASTE MGMT WMEZPAY $2.33 MARK MARUSKA 07/03/19 07/03/21 VIKING INDUSTRIAL CENTER $32.68 MARK MARUSKA 07/03/20 07/03/21 HUGOS TREE CARE $213.00 MARK MARUSKA 07/03/20 07/03/22 CENTURY COLLEGE -BO $390.00 JON A MELANDER 07/03/21 07/03/22 CUB FOODS -SUN RAY $11.47 JON A MELANDER 07/03/21 07/03/23 THE HOME DEPOT 2801 $39.18 JON A MELANDER 07/03/26 07/03/28 BUERKLE HONDA $27.69 ALEISA METRY 07/03/26 07/03/27 TARGET 00011858 $12.75 ED NADEAU 07/03/27 07/03/29 GOODYEAR AUTO SRV CT 6920 $44.00 ED NADEAU 07/03/23 07/03/26 CINTAS FIRST AID #431 $55.59 BRYAN NAGEL 07/03/23 07/03/26 HENRIKSEN ACE HARDWARE $7.83 JOHN NAUGHTON 07/03/15 07/03/19 OFFICE DEPOT #1090 $102.68 AMY NIVEN 07/03/16 07/03/19 OFFICE DEPOT #1090 {$5.54} AMY NIVEN 07/03/23 07/03/26 ANCOM TECHNICAL CENTER IN $272.66 MARSHA PACOLT 07/03/23 07/03/26 ANCOM TECHNICAL CENTER IN $264.50 MARSHA PACOLT 07/03/15 07/03/19 OFFICE DEPOT #1090 $107.63 MARY KAY PALANK 07/03/20 07/03/22 OFFICE DEPOT #1090 ($16.29) MARY KAY PALANK 07/03/20 07/03/22 OFFICE DEPOT #1090 {$0.05} MARY KAY PALANK 07/03/21 07/03/23 OFFICE DEPOT #1090 $90.49 MARY KAY PALANK 07/03/16 07/03/19 FEDEX PAY -BY -PHONE $35.20 KATHLEEN PECK HALL 07/03/22 07/03/26 OFFICE DEPOT #1090 $59.45 KATHLEEN PECK HALL 07/03/15 07/03/19 ROCCOS PIZZA $23.17 ROBERT PETERSON 07/03/23 07/03/26 TRUCK UTILITIES INC $15.02 ROBERT PETERSON 07/03/23 07/03/26 EAT INC $54.75 ROBERT PETERSON 07/03/23 07/03/26 GANDER MOUNTA100104802 $79.99 ROBERT PETERSON Visa Transactions 03 -17 -07 to 03 -30 -07 Trans Date Posting Date Merchant Name Trans Amount Name 07/03/20 07/03/21 TARGET 00011858 $39.68 PHILIP F POWELL 07/03/20 07/03/21 BOTACH TACTICAL $138.24 PHILIP F POWELL 07/03/20 07/03/21 MEDCO SUPPLY $23.32 PHILIP F POWELL 07/03/20 07/03/21 ABACUS PLUS SERVICES INC $788.10 PHILIP F POWELL 07/03/20 07/03/21 SUPERCIRCUITS INC $375.23 PHILIP F POWELL 07/03/22 07/03/23 SONYSTYLE DIRECT $80.40 PHILIP F POWELL 07/03/22 07/03/23 HENRIKSEN ACE HARDWARE $19.46 PHILIP F POWELL 07/03/22 07/03/26 REFURB DEPOT $147.37 PHILIP F POWELL 07/03/23 07/03/26 WOLF CAMERA #1530 $5.95 PHILIP F POWELL 07/03/23 07/03/26 STRATEGOS INTERNATIONAL $158.34 PHILIP F POWELL 07/03/27 07/03/29 AMERID $184.95 PHILIP F POWELL 07/03/27 07/03/29 STREICHERS INC $280.52 PHILIP F POWELL 07/03/28 07/03/29 CC MILITARY SURPLUS LL $47.87 PHILIP F POWELL 07/03/28 07/03/29 MENARDS 3059 $22.74 PHILIP F POWELL 07/03/28 07/03/30 THE HOME DEPOT 2801 $11.13 PHILIP F POWELL 07/03/29 07/03/30 TARGET 00011858 $31.94 PHILIP F POWELL 07/03/29 07/03/30 INKJETSUPERSTORECOM888 -74 $88.80 PHILIP F POWELL 07/03/20 07/03/21 BOUND TREE MEDICAL LLC $51.65 ROBERT PRECHTEL 07/03/20 07/03/21 BOUND TREE MEDICAL LLC $446.96 ROBERT PRECHTEL 07/03/20 07/03/21 BOUND TREE MEDICAL LLC $72.22 ROBERT PRECHTEL 07/03/21 07/03/22 PHILIPS MEDICAL SYSTEMS $1,558.08 ROBERT PRECHTEL 07/03/28 07/03/29 BOUND TREE MEDICAL LLC $391.40 ROBERT PRECHTEL 07/03/21 07/03/22 BATTERIES PLUS $191.66 WILLIAM J PRIEFER 07/03/15 07/03/19 KATH AUTO PARTS NSP ($66.74) STEVEN PRIEM 07/03/15 07/03/19 KATH AUTO PARTS NSP $141.45 STEVEN PRIEM 07/03/15 07/03/19 KATH AUTO PARTS NSP $48.53 STEVEN PRIEM 07/03/15 07/03/19 TOUSLEY FORD 127200039 $193.53 STEVEN PRIEM 07/03/15 07/03/19 FACTORY MOTOR PARTS #19 $146.50 STEVEN PRIEM 07/03/16 07/03/19 KATH AUTO PARTS NSP $6.79 STEVEN PRIEM 07/03/16 07/03/19 KATH AUTO PARTS NSP $21.25 STEVEN PRIEM 07/03/20 07/03/22 EAT INC $239.63 STEVEN PRIEM 07/03/21 07/03/23 TOUSLEY FORD 127200039 $109.26 STEVEN PRIEM 07/03/21 07/03/23 FACTORY MOTOR PARTS #19 $90.38 STEVEN PRIEM 07/03/22 07/03/26 KATH AUTO PARTS LC $372.69 STEVEN PRIEM 07/03/22 07/03/26 KATH AUTO PARTS NSP $165.63 STEVEN PRIEM 07/03/22 07/03/26 GILLUND ENTERPRISES $35.08 STEVEN PRIEM 07/03/22 07/03/26 EAT INC $302.73 STEVEN PRIEM 07/03/22 07/03/26 TRI STATE BOBCAT INC $116.09 STEVEN PRIEM 07/03/23 07/03/26 CARLSON TRACTOR & EQUIP $31.62 STEVEN PRIEM 07/03/23 07/03/26 TRI STATE BOBCAT INC $31.86 STEVEN PRIEM 07/03/26 07/03/27 POLAR CHEVROLET $100.32 STEVEN PRIEM 07/03/26 07/03/28 ZARNOTH BRUSH WORKS $1,252.44 STEVEN PRIEM 07/03/26 07/03/28 KATH AUTO PARTS LC $50.43 STEVEN PRIEM 07/03/26 07/03/29 KATH AUTO PARTS NSP $110.63 STEVEN PRIEM 07/03/26 07/03/29 KATH AUTO PARTS NSP $161.92 STEVEN PRIEM 07/03/27 07/03/29 FACTORY MOTOR PARTS #19 $160.41 STEVEN PRIEM 07/03/21 07/03/22 SPRINT *SPRNTNEXTELIVR $2,088.30 KEVIN RABBETT 07/03/21 07/03/23 SHRED -IT $109.89 KEVIN RABBETT 07/03/28 07/03/29 GRAFIX SHOPPE $472.86 KEVIN RABBETT 07/03/29 07/03/30 NOVACARE REHB /HEALT $90.00 TERRIE RAMEAUX 07/03/19 07/03/23 DALCO ENTERPRISES, INC $662.82 MICHAEL REILLY 07/03/22 07/03/23 HILLYARD INC MINNEAPOLIS $979.23 MICHAEL REILLY 07/03/23 07/03/28 DALCO ENTERPRISES, INC $591.05 MICHAEL REILLY 07/03/15 07/03/19 SUN RAY LANES $245.30 AUDRA ROBBINS Visa Transactions 03 -17 -07 to 03 -30 -07 Trans Date Posting Date Merchant Name Trans Amount Name 07/03/15 07/03/19 SUN RAY LANES $103.32 AUDRA ROBBINS 07/03/15 07/03/19 ORIENTAL TRADING CO $177.95 AUDRA ROBBINS 07/03/16 07/03/19 FEDEX KINKO'S #0617 $195.47 AUDRA ROBBINS 07/03/16 07/03/19 MAPLEWOOD PARKS AND RECRE $17.00 AUDRA ROBBINS 07/03/21 07/03/23 ORIENTAL TRADING CO $90.25 AUDRA ROBBINS 07/03/22 07/03/23 MAPLEWOOD PARKS AND RECRE $5.50 AUDRA ROBBINS 07/03/27 07/03/29 TARGET 00011858 $96.46 AUDRA ROBBINS 07/03/29 07/03/30 FACTORY CARD OUTLET #284 $113.01 AUDRA ROBBINS 07/03/15 07/03/19 A -1 HYDRAULICS $105.20 ROBERT RUNNING 07/03/16 07/03/19 TRUCK UTILITIES INC $13.71 ROBERT RUNNING 07/03/20 07/03/22 PRESS BOOKS $153.45 HARRIET J RYDEL 07/03/22 07/03/23 SAINT PAUL AREA CHAMBER $17.00 HARRIET J RYDEL 07/03/22 07/03/26 OFFICE DEPOT #1090 $44.31 HARRIET J RYDEL 07/03/26 07/03/28 PEI WEI ASIANDINER0113 $118.22 HARRIET J RYDEL 07/03/27 07/03/29 OFFICE DEPOT #1090 $145.78 HARRIET J RYDEL 07/03/28 07/03/29 TARGET 00011858 $9.57 HARRIET J RYDEL 07/03/28 07/03/29 GOVERNMENT TRAINING SVC $55.00 HARRIET J RYDEL 07/03/16 07/03/19 CARQUEST 01021104 $34.38 JAMES SCHINDELDECKER 07/03/19 07/03/20 HENRIKSEN ACE HARDWARE $13.93 JAMES SCHINDELDECKER 07/03/19 07/03/20 MENARDS 3059 $10.56 JAMES SCHINDELDECKER 07/03/21 07/03/22 MENARDS 3059 $169.10 JAMES SCHINDELDECKER 07/03/28 07/03/30 MILLS FLEET FARM #27 $44.14 JAMES SCHINDELDECKER 07/03/16 07/03/19 CURTIS 1000 $203.01 DEB SCHMIDT 07/03/21 07/03/23 SHRED -IT $17.65 DEB SCHMIDT 07/03/22 07/03/26 OFFICE DEPOT #1090 ($50.06) DEB SCHMIDT 07/03/22 07/03/26 OFFICE DEPOT #1090 $138.66 DEB SCHMIDT 07/03/27 07/03/29 THE HOME DEPOT 2801 $38.17 SCOTT SCHULTZ 07/03/20 07/03/21 REGAL AUTO WASH XX -M $42.59 MICHAEL SHORTREED 07/03/21 07/03/23 UNIFORMS UNLIMITED INC $97.82 MICHAEL SHORTREED 07/03/24 07/03/26 KWIK TRIP 79600007963 $30.75 MICHAEL SHORTREED 07/03/28 07/03/29 HILTON HOTELS CHICAGO $525.06 MICHAEL SHORTREED 07/03/29 07/03/30 RAY ALLEN MFG CO INC ($34.95) MICHAEL SHORTREED 07/03/16 07/03/19 PAYPAL *GOVTTRNGSVC $180.00 ANDREA SINDT 07/03/16 07/03/19 T- MOBILE IVR PAYMENT $45.73 ANDREA SINDT 07/03/19 07/03/20 OFFICE DEPOT #1090 $54.56 ANDREA SINDT 07/03/22 07/03/26 OFFICE DEPOT #1090 $157.85 ANDREA SINDT 07/03/22 07/03/26 OFFICE DEPOT #1090 $288.09 ANDREA SINDT 07/03/23 07/03/26 OFFICE DEPOT #1090 $136.62 ANDREA SINDT 07/03/24 07/03/26 PAYPAL *GOVTTRNGSVC $180.00 ANDREA SINDT 07/03/23 07/03/26 FORESTRY SUPPLIERS, INC. $75.62 CHRISTINE SOUTTER 07/03/21 07/03/22 FACTORY CARD OUTLET #284 $35.05 PAULINE STAPLES 07/03/15 07/03/19 DE LAGS LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 07/03/16 07/03/19 TARGET 00011858 $44.71 JOANNE M SVENDSEN 07/03/16 07/03/19 OFFICE MAX $51.48 JOANNE M SVENDSEN 07/03/21 07/03/22 LOFFLER COMPANIES INC $155.00 JOANNE M SVENDSEN 07/03/23 07/03/26 LOFFLER COMPANIES INC $191.70 JOANNE M SVENDSEN 07/03/19 07/03/20 WEBER ELECTRIC $123.00 LYLE SWANSON 07/03/20 07/03/21 HENRIKSEN ACE HARDWARE $46.18 LYLE SWANSON 07/03/21 07/03/22 INDUSTRIAL SUPPLY CO INC $214.22 LYLE SWANSON 07/03/22 07/03/26 INDUSTRIAL SUPPLY CO INC $214.22 LYLE SWANSON 07/03/27 07/03/28 INDUSTRIAL SUPPLY CO INC $25.52 LYLE SWANSON 07/03/28 07/03/30 HIRSHFIELD'S MAPLEWOOD $30.93 LYLE SWANSON 07/03/23 07/03/26 STREAMLINE DESIGN INC $605.00 DOUGLAS J TAUBMAN 07/03/21 07/03/22 QWESTCOMM *TN651 $341.51 JUDY TETZLAFF Visa Transactions 03 -17 -07 to 03 -30 -07 Trans Date Posting Date Merchant Name Trans Amount Name 07/03/22 07/03/23 COMCAST CABLE COMM $117.34 JUDY TETZLAFF 07/03/23 07/03/26 QWESTCOMM *TN651 $57.57 JUDY TETZLAFF 07/03/15 07/03/19 OFFICE DEPOT #1090 {$23.00} SUSAN ZWIEG 07/03/15 07/03/19 OFFICE DEPOT #1090 $23.90 SUSAN ZWIEG 07/03/21 07/03/26 ST CROIX BOAT & PACKET $1,500.00 SUSAN ZWIEG 07/03/23 07/03/26 PIONEER PRESS SUBSCRIPTI $34.84 SUSAN ZWIEG 07/03/26 07/03/27 AE SIGN SYSTEMS $8.52 SUSAN ZWIEG 07/03/27 07/03/29 UNIFORMS UNLIMITED INC $417.30 SUSAN ZWIEG 07/03/27 07/03/29 OFFICE DEPOT #1090 $80.50 SUSAN ZWIEG $38,873.76 0411212007 Check Date 72464 72465 72466 72467 72468 72469 72470 72471 72472 72473 72474 72475 72476 72477 72478 72479 72480 72481 72482 72483 72484 72485 72486 72487 72488 72489 72490 72491 72492 72493 72494 72495 72496 72497 72498 72499 72500 72501 72502 72503 72504 72505 72506 72507 72508 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 0411712007 Vendor 01973 00519 00908 01504 01504 01504 01504 01190 01190 01190 01190 01047 01047 02572 00211 00232 00240 00494 00354 00382 00390 00358 00358 00358 00358 00358 00415 03858 03859 03841 00789 00393 00857 02336 00932 03122 03122 01088 00395 01160 00001 00001 00001 00001 00001 00001 00001 00001 03151 01275 01283 01284 01331 01340 03446 01370 01370 01409 Check Register City of Maplewood ERICKSON OIL PRODUCTS INC FLEXIBLE PIPE TOOL CO. MRPA CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL XCELENERGY XCELENERGY XCELENERGY XCELENERGY 3M 3M SHANE BECKER BRAUN INTERTEC CORP. MORLEY BURNETT C.S.G. CREDIT SERVICES CHILDREN HOME & FAMILY SERVICE CUSTOM FIRE APPARATUS, INC. DAVIS LOCK & SAFE DEMCO, INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DON'S PAINT & BODY SHOP HOME LINE INVENSYS CLIMATE CONTROLS AMER KARAS TECHNICAL SERVICES KATH FUEL OIL SERVICE CO DEPT OF LABOR & INDUSTRY LEAGUE OF MINNESOTA CITIES M A TAYLOR INC MAPLEWOOD BAKERY MEDPRO MIDWEST GROUP MEDPRO MIDWEST GROUP MN POLLUTION CONTROL AGENCY DEPT OF NATURAL RESOURCES NEWMAN TRAFFIC SIGNS ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PETTY CASH POLAR CHEV, GEO, MAZDA POST BOARD POSTMASTER KEVIN RABBETT REGIONS HOSPITAL RICK JOHNSON DEER & BEAVER INC ROAD RESCUE EMERGENCY VEHICLES ROAD RESCUE EMERGENCY VEHICLES S.E.H. Description CAR WASHES - MARCH COLOR TELEVISION INSPECTION SYS- AQUATIC CONFERENCE WIRELESS REPORTING FEE - APRIL MEDICAL SUPPLIES MEDICAL SUPPLIES CRIME LAB SERVICES - MARCH ELECTRIC & GAS UTILITY EQUIP LOAN ELECTRIC & GAS UTILITY FIRE SIRENS ROLL GOODS FOR SIGN FABRICATION ROLL GOODS FOR SIGN FABRICATION REIMS FOR MILEAGE & MEALS 3130 -411 PROJ 07 -01 PROF SRVS THRU 3123 REPLACE CDICASS PLAYER IN STUDIO APPLICANT BACKGROUND CHECKS YOUTH DIVERSION FROG - MARCH VEHICLE REPAIR KEYS DIVIDERS -CHAR GAME FUND- SUB LIB TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW VEHICLE TOW FORFEITURE VEHICLE REPAIRS TO POLICE SQUAD #962 REGISTRATION FEE SMOKE DETECTORS SENTINAL RADIO ALARM WIINVISIBLE BULK OIL 15W -40 MONTHLY SURTAX - MARCH LMC CONFERENCE REGISTRATION FITNESS CONSULTANT FEE MDSE FOR RESALE REPAIR - EMS REPAIR - EMS PROJ 04 -21 GLADSTONE REDEV 12113 - LINERS SIGN BLANKS FOR SIGN FABRICATION REFUND MEDICA PRIMARY -AMB REFUND C BIDDLE - AMB 06005574 REFUND B FONVILLE- REFUND G CHRISTENSON - REFUND D GOETZKE - VOLLEYBALL REFUND D GUSTAFSON - VOLLEYBALL REFUND C HINKLEY - VOLLEYBALL REFUND R URBANIAK - VOLLEYBALL REPLENISH PETTY CASH 2 -CHEV SILVERAD01500 POLICE OFFICER LICENSES POSTAGE FOR PERMIT 4903 REIMS FOR CONFERENCE PARKING PARAMEDIC SUPPLIES DEER REMOVAL - MARCH VEHICLE REPAIR VEHICLE REPAIR PROJ 04 -21 PROF SRVS - FEB Amount 106.50 135,774.67 135.00 3,798.00 438.96 342.78 125.00 12,424.83 756.64 466.24 46.42 1,778.98 575.10 162.28 6,244.55 450.00 50.33 3,526.08 30.52 26.94 2,079.85 122.48 111.83 111.83 106.50 90.53 5,350.45 32.00 686.40 15,760.00 2,440.77 1,058.64 335.00 1,735.00 391.41 596.60 165.83 2,175.00 47.25 1,929.04 708.01 223.20 35.00 25.00 25.00 25.00 25.00 25.00 226.96 35,853.68 1,530.00 3,000.00 18.75 63.57 100.00 452.80 11.90 54,413.61 4 Check Register City of Maplewood 04/1212007 Check Date Vendor PROJ 07-01 PROF SRVS - FEB 0411712007 01409 S.E.H. 0411712007 01409 S.E.H. 0411712007 01409 S.E.H. 0411712007 01409 S.E.H. 0411712007 01409 S.E.H. 0411712007 01409 S.E.H. 0411712007 01409 S.E.H. 0411712007 01463 SISTER ROSALIND GEFRE 0411712007 01683 UNIFORMS UNLIMITED INC 0411712007 01683 UNIFORMS UNLIMITED INC 0411712007 03334 UNIQUE PAVING MATERIALS CORP 0411712007 03334 UNIQUE PAVING MATERIALS CORP 0411712007 01750 THE WATSON CO INC Description Amount PROJ 07-01 PROF SRVS - FEB 23,125,37 PROJ 06-17 PROF SRVS - FEB 4,171 .51 PROJ 06-05 PROF SRVS - FEB 3,726.46 PROJ 06-02 PROF SRVS - FEB 2,979.27 PROJ 02-07 PROF SRVS - FEB 506,94 PROJ 03-20 PROF SRVS - FEB 35639 PROJ 04-05 FOR SERVICE PERIOD - 245.00 MCC MASSAGES - MARCH 2,042.00 BULLETPROOF VEST 824,95 BULLETPROOF VEST 754.95 WINTER PATCH MATERIALS 468.60 WINTER PATCH MATERIALS 468.60 MDSE FOR RESALE 172,05 72509 72510 72511 72512 49 Checks in this report. im CITY OF MAPLEWOOD Disbursements via Debits ho Checking account Transmitted Settlement Date Date Payee 04/O510 04/O6/07 U40507 040507 04/U8/O7 04/O8/O7 O4/0007 O4/09/O7 O4/O0/07 04/O0/07 04/U6/O7 U4/UG07 O4/10/O7 04/06/O 04/06/07 U4/UG/U7 O4/0D/U7 O4/0A/U7 O4/OA/07 O4/O8/07 O4/1O/07 04/10/O7 04/10/O7 O4/1O/U7 U4/1U/U7 O4/11/07 MN State Treasurer |CMA(Vantegepnink») Orchard Trust MN Dept uf Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer VV| Dept ofRevenue MidAnn*rica - |NG Labor Unions K1N State Treasurer Description Drivers License/Deputy Registrar Deferred Compensation Deferred Compensation UNR a|aotnonio |ioenoao Drivers License/Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers Lioenae/DeputyRegistnar State Payroll Tax State Payroll Tax HRA Flex plan Union Dues Drivers License/Deputy Registrar Amount 31,445.10 4,558.66 23,920.53 1,087.00 15,017.35 89,885.58 64,703.72 19,044.77 17,071.40 959.22 1,899.16 2 10.050.42 M CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04/06/07 CAVE, REBECCA 397.80 04/06/07 HJELLE, ERIK 397.80 04/06/07 JUENEMANN, KATHLEEN 397.80 04/06/07 ROSSBACH, WILLIAM 397.80 04/06/07 COPELAND, EUGENE 3,090.00 04/06/07 RYDEL, HARRIET 1,622.60 04/06/07 FARR, LARRY 1,970.19 04/06/07 SWANSON, LYLE 1,825.31 04/06/07 ARNOLD, AJLA 840.00 04/06/07 RAMEAUX, THERESE 2,448.11 04/06/07 SCHMIDT, DEBORAH 1,695.75 04/06/07 ANDERSON, CAROLE 1,659.80 04/06/07 DEBILZAN, JUDY 787.50 04/06/07 JACKSON, MARY 1,928.58 04/06/07 KELSEY, CONNIE 2,227.90 04/06/07 TETZLAFF, JUDY 2,230.66 04/06/07 FRY, PATRICIA 1,791.66 04/06/07 GUILFOILE, KAREN 3,491.86 04/06/07 MORSON, JOHN 828.00 04/06/07 SPANGLER, EDNA 1,131.69 04/06/07 CORTESI, LUANNE 816.81 04/06/07 JAGOE, CAROL 1,728.46 04/06/07 KELLY, LISA 1,700.98 04/06/07 LARSON, MICHELLE 853.80 04/06/07 MECHELKE, SHERRIE 1,123.95 04/06/07 MOY, PAMELA 978.99 04/06/07 OSIER, ANDREA 1,871.38 04/06/07 WEAVER, KRISTINE 1,893.35 04/06/07 CORCORAN, THERESA 1,726.15 04/06/07 POWELL, PHILIP 2,466.23 04/06/07 RICHIE, CAROLE 1,733.08 04/06/07 THOMALLA, DAVID 4,429.00 04/06/07 ABEL, CLINT 2,400.11 04/06/07 ALDRIDGE, MARK 2,606.17 04/06/07 ANDREWS, SCOTT 3,317.90 04/06/07 BAKKE, LONN 2,560.09 04/06/07 BARTZ, PAUL 3,300.82 04/06/07 BELDE, STANLEY 2,766.66 04/06/07 BIERDEMAN, BRIAN 2,797.42 04/06/07 KOHL, JOHN 2,956.84 12 CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04106/07 BUSACK, DANIEL 2,422.18 04106/07 COFFEY, KEVIN 2,466.33 04106/07 CROTTY, KERRY 2,830.77 04106/07 DOBLAR, RICHARD 3,022.57 04106/07 GABRIEL, ANTHONY 2,502.25 04106/07 HEINZ, STEPHEN 3,856.79 04106/07 HIEBERT, STEVEN 2,862.07 04106/07 JOHNSON, KEVIN 3,789.99 04106/07 KALKA, THOMAS 603.80 04106/07 KARTS, FLINT 3,270.27 04106/07 KONG, TOMMY 2,462.65 04106/07 KROLL, BRETT 3,194.72 04106/07 KVAM, DAVID 3,523.42 04106/07 LANGNER, TODD 1,874.47 04106/07 LARSON, DANIEL 2,477.36 04106/07 LU, JOHNNIE 2,885.71 04106/07 MARINO, JASON 2,400.11 04106/07 MARTIN, DANIEL 2,035.77 04106/07 MARTIN, JERROLD 2,664.77 04106/07 MCCARTY, GLEN 2,514.38 04106/07 METRY, ALESIA 2,929.85 04106/07 NYE, MICHAEL 2,131.93 04106/07 OLSON, JULIE 2,433.22 04106/07 RABBETT, KEVIN 3,587.70 04106/07 RHODE, MATTHEW 2,003.00 04106/07 STEFFEN, SCOTT 3,405.20 04106/07 STEINER, JOSEPH 2,105.83 04106/07 SYPNIEWSKI, WILLIAM 2,112.65 04106/07 SZCZEPANSKI, THOMAS 2,864.20 04106/07 TRAN, JOSEPH 2,514.38 04106/07 WENZEL, JAY 2,400.11 04106/07 XIONG, KAO 2,400.11 04106/07 BERGERON, JOSEPH 3,718.11 04106/07 DUGAS, MICHAEL 3,335.76 04106/07 ERICKSON, VIRGINIA 2,677.80 04106/07 FLOR, TIMOTHY 3,116.27 04106/07 FRASER, JOHN 3,083.51 04106/07 LANGNER, SCOTT 2,445.82 04106/07 PALMA, STEVEN 3,246.44 04106/07 THEISEN, PAUL 3,030.82 13 CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04106/07 THIEVES, PAUL 3,062.88 04106/07 BARTA, JEREMY 1,875.01 04106/07 DAWSON, RICHARD 2,420.53 04106/07 DUELLMAN, KIRK 2,447.95 04106/07 EVERSON, PAUL 2,697.40 04106/07 HALWEG, JODI 2,008.66 04106/07 JOHNSON, DOUGLAS 2,272.98 04106/07 NOVAK, JEROME 2,298.64 04106/07 PARSONS, KURT 2,481.49 04106/07 PETERSON, ROBERT 2,384.32 04106/07 PRECHTEL, ROBERT 2,434.74 04106/07 SVENDSEN, RONALD 3,832.88 04106/07 GERVAIS -JR, CLARENCE 2,868.34 04106/07 BAUER, MICHELLE 2,101.81 04106/07 BURAU, JAMES 1,930.23 04106/07 FLAUGHER, JAYME 2,331.08 04106/07 HERMANSON, CHAD 2,028.62 04106/07 HUBIN, KENNARD 2,188.48 04106/07 KNAPP, BRETT 2,087.34 04106/07 LINN, BRYAN 2,191.03 04106/07 PACOLT, MARSHA 2,529.68 04106/07 RABINE, JANET 2,688.17 04106/07 STAHNKE, JULIE 2,522.73 04106/07 LUKIN, STEVEN 4,016.18 04106/07 ZWIEG, SUSAN 1,900.29 04106/07 DOLLERSCHELL, ROBERT 293.39 04106/07 AHL, R. CHARLES 4,675.69 04106/07 KNUTSON, LOIS 1,616.56 04106/07 KONEWKO, DUWAYNE 3,059.51 04106/07 NIVEN, AMY 1,294.62 04106/07 PRIEFER, WILLIAM 2,601.29 04106/07 BRINK, TROY 2,012.99 04106/07 DEBILZAN, THOMAS 1,955.55 04106/07 EDGE, DOUGLAS 2,248.74 04106/07 FREBERG, RONALD 1,988.28 04106/07 JONES, DONALD 2,416.27 04106/07 MEYER, GERALD 2,351.23 04106/07 NAGEL, BRYAN 2,486.01 04106/07 OSWALD, ERICK 3,269.70 04106/07 RUNNING, ROBERT 1,989.55 1111 CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04106/07 TEVLIN, TODD 2,170.23 04106/07 DUCHARME, JOHN 2,486.06 04106/07 ENGSTROM, ANDREW 1,953.35 04106/07 ISAKSON, CHAD 233.29 04106/07 JACOBSON, SCOTT 1,953.35 04106/07 JAROSCH, JONATHAN 2,191.75 04106/07 KUMMER, STEVEN 2,524.57 04106/07 LABEREE, ERIN 2,882.35 04106/07 LINDBLOM, RANDAL 2,486.06 04106/07 MEINHOLZ, WILLIAM 141.68 04106/07 SCHREMPP, ANTHONY 176.03 04106/07 THOMPSON, MICHAEL 2,299.77 04106/07 ANDERSON, BRUCE 406.24 04106/07 HALL, KATHLEEN 1,873.09 04106/07 MARUSKA, MARK 2,837.03 04106/07 NAUGHTON, JOHN 1,875.75 04106/07 SCHINDELDECKER, JAMES 1,950.86 04106/07 BIESANZ, OAKLEY 1,588.28 04106/07 DEAVER, CHARLES 618.10 04106/07 GERNES, CAROLE 380.95 04106/07 HAYMAN, JANET 1,072.31 04106/07 HUTCHINSON, ANN 2,400.31 04106/07 GAYNOR, VIRGINIA 2,121.35 04106/07 EKSTRAND, THOMAS 3,341.32 04106/07 KROLL, LISA 1,570.61 04106/07 LIVINGSTON, JOYCE 1,038.46 04106/07 SINDT, ANDREA 1,796.55 04106/07 THOMPSON, DEBRA 690.46 04106/07 YOUNG, TAMELA 1,660.55 04106/07 FINWALL, SHANN 2,458.95 04106/07 ROBERTS, KENNETH 2,747.14 04106/07 BRASH, JASON 1,589.35 04106/07 CARVER, NICHOLAS 2,939.21 04106/07 FISHER, DAVID 3,823.36 04106/07 RICE, MICHAEL 2,172.55 04106/07 SWAN, DAVID 2,278.95 04106/07 WELLENS, MOLLY 1,662.91 04106/07 BJORK, ALICIA 120.00 04106/07 OHLHAUSER, MEGHAN 360.50 04106/07 ROBBINS, AUDRA 2,356.64 19 CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04106/07 SHERRILL, CAITLIN 212.88 04106/07 TAUBMAN, DOUGLAS 3,935.70 04106/07 UNDERHILL, KRISTEN 378.00 04106/07 GERMAIN, DAVID 1,957.79 04106/07 NORDQUIST, RICHARD 1,948.55 04106/07 SCHULTZ, SCOTT 2,138.95 04106/07 ANZALDI, MANDY 1,513.29 04106/07 CAREY, HEIDI 2,243.79 04106/07 CRAWFORD - JR, RAYMOND 212.00 04106/07 EVANS, CHRISTINE 854.25 04106/07 GRAF, MICHAEL 2,157.23 04106/07 HER, CHONG 573.00 04106/07 HOFMEISTER, MARY 807.13 04106/07 PELOQUIN, PENNYE 621.41 04106/07 SCHULZE, BRIAN 468.64 04106/07 STAPLES, PAULINE 3,028.20 04106/07 TOLBERT, FRANCINE 105.00 04106/07 BRENEMAN, NEIL 375.25 04106/07 BRUSOE, CRISTINA 214.28 04106/07 BUCKLEY, BRITTANY 88.91 04106/07 DUNN, RYAN 521.73 04106/07 FONTAINE, KIM 933.14 04106/07 GERVAIS, DAVID 210.00 04106/07 GREDVIG, ANDERS 104.13 04106/07 HASSENSTAB, DENISE 67.05 04106/07 HORWATH, RONALD 2,336.05 04106/07 IRISH, PETER 84.50 04106/07 KOEHNEN, AMY 156.30 04106/07 KOEHNEN, MARY 1,465.37 04106/07 KROLL, MARK 42.50 04106/07 KRONHOLM, KATHRYN 386.91 04106/07 LAMEYER, ZACHARY 27.00 04106/07 MATHEWS, LEAH 22.05 04106/07 PROESCH, ANDY 395.53 04106/07 RYAN, ERICA 91.00 04106/07 SMITH, ANN 256.10 04106/07 TAYLOR, JASON 20.25 04106/07 TRUE, CAROLINE 23.10 04106/07 TUPY, HEIDE 169.60 04106/07 TUPY, MARCUS 341.78 CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 04106/07 WOLFGRAM, MARY 69.94 04106/07 GROPPOLI, LINDA 345.00 04106/07 HER, SHILLAME 52.28 04106/07 HOLMGREN, STEPHANIE 87.50 04106/07 ODDEN, JESSICA 18.88 04106/07 PARAYNO, GUAI 329.70 04106/07 BEHAN, JAMES 1,948.97 04106/07 PATTERSON, ALBERT 1,182.52 04106/07 PRINS, KELLY 1,108.62 04106/07 REILLY, MICHAEL 1,756.55 04106/07 SCHOENECKER, LEIGH 276.90 04106/07 YANG, HUE 118.15 04106/07 YANG, TIM 222.00 04106/07 AICHELE, CRAIG 2,015.65 04106/07 PRIEM, STEVEN 2,221.92 04106/07 WOEHRLE, MATTHEW 1,729.35 04106/07 BERGO, CHAD 2,355.82 04106/07 FOWLDS, MYCHAL 2,686.82 04106/07 FRANZEN, NICHOLAS 1,780.66 1001700 04106/07 LONGRIE, DIANA 452.00 1001701 04106/07 JAHN, DAVID 1,750.61 1001702 04106/07 MORIN, TROY 170.00 1001703 04106/07 PALANK, MARY 1,736.46 1001704 04106/07 SVENDSEN, JOANNE 1,909.79 1001705 04106/07 SHORTREED, MICHAEL 3,268.81 1001706 04106/07 WELCHLIN, CABOT 2,677.36 1001707 04106/07 BADMAN, ANDREW 512.00 1001708 04106/07 STELLA, JAMES 768.00 1001709 04106/07 BUCKLEY, BRENT 1,842.07 1001710 04106/07 EDSON, DAVID 1,988.28 1001711 04106/07 HELEY, ROLAND 442.43 1001712 04106/07 HINNENKAMP, GARY 1,965.83 1001713 04106/07 LINDORFF, DENNIS 1,953.17 1001714 04106/07 NOVAK, MICHAEL 1,948.55 1001715 04106/07 BERGREN, KIRSTEN 33.75 1001716 04106/07 SOUTTER, CHRISTINE 123.75 1001717 04106/07 BERGER, STEPHANIE 297.50 1001718 04106/07 KOHLMAN, JENNIFER 210.00 1001719 04106/07 LINDA, KELLIE 447.63 1001720 04106/07 MALLET, AMANDA 25.50 I CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001721 04106/07 ROBBINS, EMERALD 190.31 1001722 04106/07 SCHALLER, SCOTT 170.00 1001723 04106/07 HAAG, MARK 1,948.55 1001724 04106/07 NADEAU, EDWARD 3,061.98 1001725 04106/07 ANDERSON, ANTHONY 303.88 1001726 04106/07 G LASS, JEAN 1,924.86 1001727 04106/07 HANSEN, LORI 2,659.93 1001728 04106/07 NAGEL, BROOKE 412.88 1001729 04106/07 SIMPSON, JOSEPH 233.10 1001730 04106/07 ANDERSON, JOSHUA 142.00 1001731 04106/07 ANDERSON, JUSTIN 166.85 1001732 04106/07 BRENEMAN, SEAN 208.50 1001733 04106/07 BRUSOE, AMY 51.31 1001734 04106/07 BUCHMAYER, NICOLLET 145.38 1001735 04106/07 CHASTAN, ADAM 94.25 1001736 04106/07 CLARK, PAMELA 214.20 1001737 04106/07 COSTA, JOSEPH 52.80 1001738 04106/07 DEMPSEY, BETH 122.50 1001739 04106/07 ESTRADA, KIEL 18.00 1001740 04106/07 FENGER, JUSTIN 196.43 1001741 04106/07 GIEL, NICOLE 42.00 1001742 04106/07 GRANT, MELISSA 137.50 1001743 04106/07 GRUENHAGEN, LINDA 818.71 1001744 04106/07 HERM, BREANNA 26.00 1001745 04106/07 HOLMBERG, LADONNA 68.00 1001746 04106/07 JOHNSON, JAMES 66.03 1001747 04106/07 KOVACS, BREANNA 81.25 1001748 04106/07 NWANOKWALE, MORDY 57.38 1001749 04106/07 PEHOSKI, JOEL 45.20 1001750 04106/07 RICHTER, DANIEL 68.00 1001751 04106/07 RICHTER, NANCY 266.25 1001752 04106/07 ROSTRON, ROBERT 302.75 1001753 04106/07 SAUCERMAN, MICHAEL 216.44 1001754 04106/07 SCHMIDT, EMILY 139.89 1001755 04106/07 SCHMIDT, JOHN 65.00 1001756 04106/07 SCHRAMM, BRITTANY 188.70 1001757 04106/07 SCHREINER, MICHELLE 231.50 1001758 04106/07 SCHUNEMAN, GREGORY 22.75 1001759 04106/07 SMITLEY, SHARON 452.70 1001760 04106/07 WARNER, CAROLYN 301.80 CITY OF •' ••! CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1001761 04106/07 WERNER, REBECCA 80.63 1001762 04106/07 WHITE, NICOLE 514.03 1001763 04106/07 WILLIAMS, KRISTINE 118.15 1001764 04106/07 WOODMAN, ALICE 138.00 1001765 04106/07 BOSLEY, CAROL 322.05 1001766 04106/07 LEWIS, AMY 77.03 1001767 04106/07 OIE, REBECCA 81.35 1001768 04106/07 PATTERSON, FELORENZA 130.00 1001769 04106/07 SATTLER, CASSANDRA 12.30 1001770 04106/07 SATTLER, MELINDA 58.65 1001771 04106/07 ZAGER, LINNEA 254.13 1001772 04106/07 BIRKHOLZ, TYLER 173.75 1001773 04106/07 DOUGLASS, TOM 2,287.63 1001774 04106/07 GADOW, ANNA 263.13 1001775 04106/07 HER, CHEF 95.25 1001776 04106/07 O'GRADY, VICTORIA 135.90 1001777 04106/07 SCHULZE, KEVIN 192.85 1001778 04106/07 YANG, KAY 85.20 1001779 04106/07 VUE, LOR PAO 209.55 IM's' Agenda Item 12 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer Michael Thompson, Civil Engineer I SUBJECT: County Road D East Improvements- (TH 61 to Southlawn), City Project 02 -07, Resolution for Modification of the Existing Construction Contract (Change Orders 40 -41); Deductions DATE: April 13, 2007 INTRODUCTION Price deductions are being considered to reflect contractor materials that did not meet Mn/DOT specifications. These change orders reduce the contract amount. Council approval of the attached resolution directing the modification of the existing construction contract, Change Order Nos. 40 -41, is required. Background On June 28, 2004, the city council awarded the construction contract for the utility and roadway construction to Shafer Contracting, Inc. in the amount of $2,364,326.51. Change Orders 40 and 41 are listed on the attached change order forms and are summarized as follows: • Change Order 40 ($111.00 ) Concrete materials not meeting Mn /DOT specifications for a deduction of $3 per cubic yard for 37 cubic yards. • Change Order 41 ($3,700.90) Aggregate base materials not meeting Mn /DOT specifications for a deduction of $0.85 per cubic yard for 4,354 cubic yards. Budget Impact The total amount of Change Orders 40 through 41 would decrease the construction contract by $3,811.90. The revised contract amount would be $3,043,488.67. These change orders will not affect the approved budget. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 40 through 41, for the County Road D East Improvements (T.H. 61 to Southlawn), City Project 02 -07. Attachments: 1. Resolution 2. Change Order Nos. 40 -41 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 40 through 41 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D East Improvements (TH 61 to Southlawn), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order Nos. 40 through 41, as a decrease to said contract by an amount of $3,811.90, such that the new contract amount is now and hereby established as $3,043,488.67. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 40 through 41 as a contract decrease in the amount of $3,811.90. The revised contract amount is $3,043,488.67. CHANGE ORDER NO. 40 DEPARTMENT OF PUBLIC WORDS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Cite op Contractor C'opy Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138- 121- 03 / 138- 112 -05 Project No. 02 -07 Date: 3/27/07 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The Minnesota Department of Transportation Inspection Office issued a price reduction resulting from material failures associated with ready -mix concrete delivered to this job from Cemstone Concrete's Minnehaha facility. On July 13, 2005, aggregate gradations did not meet the specifications required by Mn/DOT Specification 2461 Structural Concrete The reduction is as follows: Delivery Date Failure Type Price Reduction Reconunendation Quantity Represented Total Reduction 07113105 3 fa " Gradation $ 3.40! CY 37 CY $ 111.00 The total reduction is to be deducted from the next payment due Shafer Contracting Company, Inc. The value of this change order is ($ 111.00). Contract Status Original Contract Net Change of Prior Approved Change Order No. 1 - 39 Approved Revised Contract: Change this Change Order: Possible Revised Contract: Cost (Corrected Amount) $2,364,326.51 $ 682,974.06 $3,047,300.57 $ (111.00) $3,047,189.57 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #40, Page 1 of 2 CHANGE ORDER NO. 40 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138- 121 -03 / S.A.P. 138 - 112 -05 Project No.: 02 -07 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 40 Date: 3/27/07 ($111.00) STATE AID PARTICIPATION SUMMARY This concrete material deduction participates in state aid funding eligibility as follows: Category County Road D Roadway S.A.P. Differentiation 100% S.A.P. 138 - 121 -03 Fraction Amount 1.00 $ (111.00) Amount of Change Order No. 40 Eligible for State Aid Participating Funds $ (111.00) C.O. #40, Page 2 of 2 C i� ' y Copy w .$per CHANGE ORDER NO. 41 DEPARTMENT OF PUBLIC WORDS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138- 121 -03 / 138 - 112 -05 Project No. 02 -07 Contractor: Shafer Contracting Company, Inc. Date: 3/27/07 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: A Shafer Contracting Company, Inc. stockpile of salvaged material, to be used as Class 6 aggregate base, was sampled and tested for bitumen content and gradation. Test results proved acceptable values for bitumen contents but gradations demonstrated unacceptable levels of material passing two sieve sizes. Attendees at weekly construction meetings discussed the failures and agreed to assess Shafer a deduction of five percent for all material from the stockpile used on the project. The total deduction is $ 0.851 CY for 4,354 CY of material placed. The total deduction of $ (3,700.90) will be deducted from the next payment due Shafer Contracting Company, Inc. The value of this change order is ($ 3,700.90). Contract Status Cost (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. 1 - 39 $ 682,974.06 Approved Revised Contract: $3,047,300.57 Net Change of Prior Pending Change Order No.: 40 $ (111.00) Change this Change Order: $ (3,700.90) Possible Revised Contract: $3,043,488.67 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #41, Page 1 of 2 CHANGE ORDER NO. 41 DEPARTMENT OF PUBLIC WORDS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138- 121 -03 / S.A.P. 138 - 112 -05 Project No.: 02 -07 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 41 Date: 3/27/07 ($ 3,700.90) STATE AID PARTICIPATION SUMMARY This Class b aggregate base deduction participates in state aid funding eligibility as follows: Category County Road D Roadway S.A.P. Differentiation 100% S.A.P. 138- 121 -03 Fraction Amount 1.00 $ (3,700.90) Amount of Change Order No. 41 Eligible for State Aid Participating Funds $ (3,700.90) C.O. #41, Page 2 of 2 �r r k , -CW N'ry RoAp R EALIGNME NT SFGMtNT I D D a r Agenda Item 13 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer Michael Thompson, Civil Engineer I SUBJECT: County Road D Realignment (West) Improvements (TH 61 to Walter Street), City Project 02 -08, Resolution for Modification of the Existing Construction Contract, Change Order No. 41; Deduction (T.A. Schifsky Contract) DATE: April 13, 2007 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order No. 41 (T.A. Schifsky Contract), which would reduce the contract amount. Background In April 2004, the City Council awarded a contract to Imperial Developers for the construction of the Venburg /Guldens frontage road. In September 2004, the City Council approved the award of a construction contract for this project to Palda & Sons, Inc. The project included construction of utilities and roadway for the entire County Road D West improvement. Unfortunately, the County Road D West project did not begin as anticipated due to problems coordinating the various area improvements. Palda & Sons, Inc. requested an increase in the bid in excess of $300,000 to have the delays extended into 2005. Negotiations with the contractor resulted in the elimination of the street construction portion of the contract. The eliminated roadway construction was then rebid in the spring of 2006 and a construction contract for the roadway was awarded to T. A. Schifsky & Sons in the amount of $668,162.93, resulting in a $40,000 cost savings to the city. T.A. Schifsky: Change Order ■ Change Order No. 41 ($296.00 ) Concrete materials not meeting Mn/DOT specifications for a deduction of $11 per cubic yard for 24 cubic yards (Sand & %" gradation) and deduction of $2 per cubic yard for 16 cubic yards (CA -50 gradation). Budget Impact The total amount of Change Order 41 would decrease the construction contract by $296.00. The revised contract amount would be $1,077,690.90. This change order will not affect the approved budget. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order No. 41 (T.A. Schifsky Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02 -08. Attachments: 1. Resolution 2. Change Order No. 41 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER No. 41 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order No. 41, (T.A. Schifsky Contract), as a decrease to said contract by an amount of $296.00, such that the new contract amount is now and hereby established as $1,077,690.90. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 41 as a contract decrease in the amount of $296.00. The revised contract amount is $1,077,690.90. CHANGE ORDER NO. 41 Contractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -026 / 138- 020 -30 Project No. City Project 02 -08 Date: 3/16/07 Contractor: T.A. Schifsky & Sons, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions: The Minnesota Department of Transportation Metro Inspection Office issued price reductions for two material failures associated with ready -mix concrete delivered to this job from Bauerly's concrete plant located in Forest Lake, MN. On two separate dates, sand and /or aggregate gradations did not meet the specifications required by Mn /DOT Specification 2461 (Structural Concrete) The reductions are as follows: Delivery Date Failure Type Price Reduction Recommendation Quantity Represented Reduction 07/25/05 Sand &'ta" Gradation $ 11.00/CY 24 CY $ 264.00 09/29/05 CA — 50 Gradation $ 2.00 / CY 16 CY 32.00 Total Reduction $ 296.00 The total reduction is to be deducted from the next payment due T.A. Schifsky & Sons, Inc. The value of this change order is ($ 296.00). Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1-40 $ 409,823.97 Approved Revised. Contract: $ 1,077,986.90 Change this Change Order: $ (296.00) Possible Revised Contract: $ 1,077,690.90 Approval Mayor Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #41, Page 1 of 2 CHANGE ORDER NO. 41 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62 -619 -026 / S.A.P. 138- 020 -30 Project No.: 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Amount of Change Order No. 41 Date: 3/16/07 $ (296.00) STATE AID PARTICIPATION SUMMARY This concrete material deduction participates in state aid funding eligibility as follows: Category S.A.P. Differentiation Fraction County Road D Roadway 100% S.A.P. 62- 619 -026 1.00 ATHIMN M, $ (296.00) Amount of Change Order No. 41 Eligible for State Aid Participating Funds $ (296.00) C.O. #41, Page 2 of 2 �r r k , -CW N'ry RoAp R EALIGNME NT SFGMtNT I D D a r Agenda Item 14 AGENDA REPORT TO: Greg Copeland, City Manager FROM: R. Charles Ahl, Director of Public Works /City Engineer Steve Kummer, Civil Engineer II SUBJECT: Desoto- Skillman Area Street Reconstruction, City Project 06 -16 Approval of Contract for Tree Trimming Services DATE: April 12, 2007 INTRODUCTION It is necessary to contract for the services of outside contractors for the Desoto - Skillman Area Street Project 06 -16 for tree removal and trimming, brush clearing and tree debris hauling services. These purchases will exceed the ordinance - allowed expenditure amount of $5,000. Description In the past, the City has consistently contracted with Hugo's Tree Care for tree trimming and clearing services on city street reconstruction projects. Hugo's has provided outstanding service and has provided a consistent low bid on unit costs for tree care services on the City's larger -scale street reconstruction projects. For the 2007 construction season, Hugo's Tree Care has proposed the same unit prices for tree services as they charged for the 2006 construction season. It is anticipated that the amount of tree services on this project will be approximately $10,000 to $15,000. On construction projects it is often necessary to trim trees that overhang into the street to prevent construction equipment from damaging tree limbs. Staff works hard to protect existing trees within a project area, but it is necessary to remove selected trees to construct the roadway. The service Hugo's provides also includes removing tree debris from the site. It is recommended that the City Council authorize the contract for tree trimming services from Hugo's Tree Care for the duration of the Desoto - Skillman Area Street reconstruction project. Attachment: 1. Price List from Hugo's Tree Care Mar 30 07 07:57a Mar 29 07 01:53 Pcov o 7 Hugos Tree Care 0514293810 Maplewood Public tdor~ks 65124924109 P.9 TREE REMOVAL AND DISPOSAL Accessible `:reel —Cost per Diameter Flicii 4 -12 "� 12+ - 20" - 20+ - 30" 31 " + Limited Access-- -Cost per Diameter inch 0- 12" e,S"� 12, _ 20" /?—, 20+ - 30 " ©� a � STUMP REMOVAL ONLY-- _ _.2 (1 per Diameter Inch TREK TRIMI IING Broken Branches Dead Wood FF111 Prune Tree Tinnn: -Il-v / _�', 'D per Diameter Inch per Di,=Cter inch �f as per Diameter Inch OR per Man Hour - , oat LOAD HAULED: S el* J0 _ Cubic Yard Loarl HuGo's 'T REE CARE JOHN r-, 01-SEN '651,'429-4705 C'+rrtlfirrt Arhprirt (��� Agenda item H4 OWL P . 1 w�V /v�_ Z0 RECEI; tt ir;., Agenda Item 15 AGENDA REPORT TO: Greg Copeland, City Manager FROM: R. Charles Ahl, Director of Public Works /City Engineer Bryan P. Nagel, Street Superintendent SUBJECT: Purchase of 2007 -2008 Winter Road Salt DATE: April 12, 2007 INTRODUCTION Each year the street maintenance division purchases de -icing salt under a state cooperative purchasing agreement. Project Description In order to be included in this program, the state requires us to submit our estimated salt needs for the 2007 -2008 season. Based on what was carried over from last season, we estimate salt needs at 800 tons for the 2007 -2008 season. The funds for this purchase are budgeted under the snow and ice control program. We estimate that we will spend $45,000, although this item is purchased on an as- needed basis during the winter season. Early orders are required to assure availability. Approval to place the order /purchase is requested. It is recommended that the City Council authorize the purchase of de -icing salt up to $45,000 under state contract. Agenda Item 16 TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Capitol City Mutual Aid Agreement DATE: April 15, 2007 INTRODUCTION The Capitol City Regional Firefighters Association is made up of fire departments from throughout our area. We are a part of a mutual aid agreement pursuant to Minnesota State Statute 471.59 which authorizes the joint cooperative exercise of powers common to contracting parties. The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. Approximately every three years this agreement is reviewed and minor changes are made. This agreement was reviewed and approved by the city attorney. RECOMMENDATION I recommend the city council adopt the Capitol City Mutual Aid Agreement. Att. T-ITTOL CITY REGIONAL FIREFIGHTER'S -ASSOCIATION FIRE SERV`ICE AGREE NT RECIPROCAL FIRE SERVICE AGREEMENT This agreement is made pursuant to Minnesota Statutes 471 .59, which authorizes the joint and cooperative exercise of powers common to contracting pal The intent of this agreement is to make equipment, personnel and other resources available to political subdivisions from other political subdivisions. 1. "Party" means a political subdivision. 2. "Requesting Official" means the person designated by a Party who is responsible for requesting Assistance ftorn 3, "Requesting Party" a 'party that requests assistance from other parties. 4. "Re Of `b 69ignat6 � y - h Off 8"id ;,-- means:, i , he a ols responsible to Party. .... ..... ..... 5. "Responding , Party means a party'that .plovide s'assistance tQ. Party, 6. "Assistance'' means Fife/ escue� an or 9 qocype441 personnel and equipment. 1. Roqllest ' fe r assi inion: of 4 Requpsfirt : g 0 a need for Whenever, in the Op Tfi6af- assistance o ther t parties, the RequOsting Officia may, ca upon icRe§p6ndint Official ofan other party to furnish `assistance Z. Response to reques t Upon the, , request Tor, as§istance fi R ah,& ary e- in� Official may , s eppaFty-, Requesting Party. authorize and d irect /tt to t This decisi wilflbe made'Aft 'r`cohsideling acid the t rid, 11 p arty availability of resources , .--1- 4. Command of Scene. The Requesting Party shall be in command of the mutual aid scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. Page I of 3 C.AX-ITOL CITY REGIONAL FIREFIGHTER'S ASSOCTATION FTRE SERVTCE AGREEMENIT S. Workers' compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependants, even if the injuries were caused wholly or partially by the neg] igence of any other party or its officers, employees, or volunteers. Z� 6. Damage to equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused whol or partially by the negligence of any other party or its officers, employees, qry9lunt0i 7. 1. in Minn. 2, The I any clai Act ':( ri. Stat,466), the O'e, -zin s defined esporiairig Party against ff c ,typr,apy� ier, I . - 'I" p t o the o . amag �0# f, 'or � ace and provision, of LiestiftRTarty vursuant to this agreefti fit. 3. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to ftimish assistance to any other party, or for recalling assistance, both as described in this agreement. Page 2 of 3 CAPITOL CITY E IO A-L FIREFIGHTER'S ASSOCIATION FIRE SERVICE AGREE NT 8. Charges to the Requesting Party Subd. I No charges will be levied by a Responding Party to this agreement for assistance rendered to a Requesting Party under the terms of this agreement unless that assistance continues for a period of more than 12 hours. If assistance provided under this agreement continues for more than 12 hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial 12 hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing the assistance for that amount. Subd. 2 Such charges are not contingent upon the availability of federal or state government funds. 10. Execution Each party hereto has read, agreed to a . nd . executed this Mutual Aid Agreement on the Page 3 of 3 Capitol City Regional Contact Information: President Paul Pechan Secretary Tony Bronk 651.249.6366 ext. 85 tonY.bro ,jb.army.mil Agenda Item K1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer Jon Jarosch, Civil Engineer 1 SUBJECT: Cottagewood Public Improvement, City Project 06 -10, Assessment Roll and Ordering Assessment Hearing DATE: April 13, 2007 INTRODUCTION Resolution Accepting An assessment roll has been completed. The proposed assessment hearing for this project is scheduled for 7:00 p.m., Monday, May 14 2007. Background Lauren Development Company will be developing 15 single family lots on the property at 2666 Highwood Avenue. In order to service these lots with sanitary sewer and water, it was necessary to extend these utilities to 2666 Highwood Avenue. These utility extensions were performed under the Cottagewood Public Improvement Project, City Project 06 -10. All associated costs of the public improvements in Highwood Avenue, which will service the Cottagewood Development, are to be assessed to the benefiting developer property at 2666 Highwood Avenue. The assessments costs are dependent upon the actual construction costs of the public improvements. For this reason the assessment calculation was delayed until this time. Since a substantial portion of the construction is complete, a reasonable estimate of the final project costs was calculated and is displayed in the attached assessment roll. Discussion The Cottagewood Public Improvements consisted of extending sanitary sewer and watermain in Highwood Avenue in order to service the proposed Cottagewood Subdivision development, which was approved by the city council on August 28, 2006. Sanitary sewer main was extended from the intersection of Century and Highwood and watermain was extended from the intersection of New Century and Highwood. In order to install these utilities it was necessary to reconstruct Highwood Avenue in this area as well. The total project cost and amount to be assessed is $217,200. Budget Impact The budget for this project will need to be increased to $217,200 to reflect the total project cost. The slight increase in project cost is due to an increase in bituminous pricing. This increase shall be recovered, along with all other project costs, through this assessment. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Cottagewood Public Improvements, City Project 06 -10, Accepting Assessment Roll and Ordering Assessment Hearing. Attachments 1. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 2. Location Map 3. Assessment Roll RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Cottagewood Public Improvements, City Project 06 -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 14th day of May 2007, 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. 3. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $217,200.00 shall be established. The proposed financing plan is as follows: Developer assessments: $ 217,200 (100 %) 41 iv I a a ' _ k C Qn W h W r O 0 VdJ O LINA N �r J .d O s !y J � Q W OJ i r j � � U y J � J s G y � G J s ^ C G J :J y N � t a "J C � ^ �.7 y U M O to O F U w 4 w a F A O J o _ o o � o N E9 W o 2 F o Z ° V) = r. W Q Q N n v N m O U') z U ° L 47 w = iL Y o g z v J 1 3 ti 0 w � w v � a ° a L N � az � w Z IL v ww G O Qw J � O N v i 00 m � IL 2 Agenda Item K2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Desoto- Skillman Area Street Improvements, Project 06 -16, Resolution Ordering Assessment Hearing DATE: April 12, 2007 INTRODUCTION At the March 26, 2007 city council meeting, the city council approved the final plans and advertising for bids for the Desoto- Skillman Area Street Improvement project, as well as ordered the preparation of the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The city council shall consider approving the attached resolution ordering the assessment hearing for the Desoto- Skillman Area Street Improvements, Project 06 -16. Background The amounts proposed to be assessed for the Desoto - Skillman Area Street Improvements, City Project 06- 16, 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 approved by the city council. The method of assessment is the same as had been outlined in the feasibility study. An abridged version of the assessment roll is provided. A complete detailed version of the assessment roll is available in the office of the city engineer. It is recommended that the assessment hearing for the Desoto- Skillman Area Street Improvements, Project 06 -16, be scheduled for 7:15 p.m., Monday, May 14th, 2007. Budget Impact The current action will not affect the approved project budget. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Desoto - Skillman Area Street Improvements, Project 06 -16, Ordering the Assessment Hearing for 7:15 p.m., Monday, May 14, 2007. Attachments: 1. Resolution Ordering Assessment Roll Hearing 2. Abridged Assessment Roll 3. Location Map RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Desoto - Skillman Area Street Improvements, City Project 06 -16, 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 14th day of May 2007, at the city hall at 7:15 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. 3. 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. O E YJ (J C) 0 L co E U) 0 0 33. 1 22 'i , 5 n m "i 6 "i R 2 2 r 6 8 n , 5 jjj- t HJT H- 0 -ij- - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O 6 6 6 ° 6 1 d - - - - - - - - - - - - - t JtHl I �k- , . ua - - - I LL . . . . . . . . . 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BELMONT LN. Lake Ln 0 J cn SKILLMAN AVE. SKILL AV E. BEL to UAVE. F O (D ry :2 < 111 1 0 0 o ry < ry C/-) GATE WAY SUMMER n CL < MT VERNON M AVE. Li C/) LL LL J 7 RIPLEY Cn _J < 0 0 0 1 TOENJES tRosel awn Ed erton g Park A LLL" ry < 0 Western z PL. < M ry RIP LE < Cn PL Park AVE. w 0 ry 0 V Lu AVE BELLW o d. AV E. BEL LVVUUU I Cn AVE. I— C/-) GATE WAY SUMMER E. LLJ ry SUMMER LN. n CT. Lj RIPLEY Cn 4, SU MER D — u I— CD 71 Western z PL. < M ry RIP LE < KINGSTON AVE. Hills 0 w NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Cn I Cn AVE. I— C/-) GATE WAY Cn Cf) RIPLEY AVE. 4, Cn A '5 I— CD 71 n M < KINGSTON AVE. w 0 ry 0 V Lu PRICE '� z 7 n C 0 n < H P < AVE n NO SCALE Proposed Capital Improvement Plan for 2007 Desoto-Skillman Area Street Improvements City Project 06-16 0 Agenda Item L1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Gladstone Area Redevelopment, City Project 04 -21, Consider Resolution Directing Preparation of a Tax Increment Financing Plan for a Tax Increment District and Setting a Public Hearing for June 11, 2007 for Lake Phalen Estates DATE: April 18, 2007 INTRODUCTIONISUMMARY As part of the Work Session, staff and a representative from Springsted, Inc. will have reviewed TIF information on the request from DaBar, Inc. and Walker Methodist for the development called Lake Phalen Estates as part of the Gladstone — Phase I Development. The Tax Increment Financing (TIF) Application from DaBar was received on February 5, 2007. It is recommended that the Council consider adopting a resolution that would direct the preparation of a TIF Plan that would establish a Tax Increment Financing District along with calling a public hearing for June 11 for the purpose of adopting the TIF plan. Background The request for TIF assistance was received on February 5, 2007. Additional information on this item is provided as part of the agenda report for the Work Session and provided by Springsted, Inc. at the Work Session. Springsted will present the results of a but -for analysis completed on the project and additional tax increment analysis related to the proposed project. The developer is proposing to begin construction of the Lake Phalen Estates project in September 2007. Due to the timeframes, final plans cannot be started because the extent of TIF support will impact the type and extent of the development. Next steps The development is planned to be presented to the Planning Commission on May 21 st and the Community Design Review Board on May 22n Final presentation of the development is expected to the City Council on June 11 This TIF process requires that the Council direct the preparation of a TIF Plan, including establishing the area of the TIF District and calling for a Public Hearing. Notices to the taxing districts will then be mailed in and the Plan prepared for the TIF Public Hearing. It would seem appropriate that the TIF Public Hearing be held on the same date of the development plan consideration. The TIF process requires approximately 45 -60 days to complete, so action is required at this meeting, April 23` to allow for the TIF Public Hearing to be held on June 11 The developer has indicated that they will not proceed with final plan preparation in readiness for a September 2007 project start until the TIF decision is made. This is not the Council's final approval of TIF, but is a major step in indicating the intent to provide assistance. A public hearing should probably not be called if TIF assistance is not being strongly considered. RECOMMENDATION It is recommended that the City Council adopt the attached resolution directing the preparation of a TIF Plan for the establishment of a TIF District, and to set a Public Hearing for the June 11 City Council meeting. Attachments: 1. Four Included with work Session Report 2. Resolution RESOLUTION DIRECTING PREPARATION OF A TAX INCREMENT FINANCING PLAN FOR A TAX INCREMENT DISTRICT AND CALLING A PUBLIC HEARING FOR LAKE PHALEN ESTATES WHEREAS, the City Council received a Tax Increment Request from DaBar, Inc. on January 15, 2007, and WHEREAS, the City Council has reviewed information on said request from financial consultant Springsted, Inc. and WHEREAS, the City Council has found in a preliminary way that the request can be considered as appropriate and warrants further analysis and investigation, and WHEREAS, the City Council adopted a final version of a Master Plan on March 12, 2007, and WHEREAS, the City Council has reviewed all relevant financial information related to Tax Increment Financing and desires to proceed with consideration of tax increment financing as a method of support for the development of Lake Phalen Estates, and WHEREAS, the Master Plan goals appear to the Council to be reflected in many of the characteristics of the Lake Phalen Estates preliminary plans, and WHEREAS, the Metropolitan Council has awarded a grant to the City of Maplewood in the amount of $1.8 million for the improvement of Phase 1 of the Gladstone redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the Finance and Administration Manager and Public Works Director are hereby directed to work with the City's financial consultant and bond attorney in the preparation of a Tax Increment Financing Plan for the establishment of a Tax Increment District consistent with plans and proforma reviewed by Springsted, Inc. as part of the Tax Increment Financing request from DaBar, Inc., dated January 15, 2007. Said staff and consultants shall insure that all proper and legal documents and notices are prepared consistent with statute and process. 2. That a Public Hearing shall be called and set for June 11, 2007 at 7:00 pm for the consideration of said Tax Increment Financing Plan. Adopted this 23 rd Day of April, 2007 Agenda Item L2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Markham Pond Retaining Wall, City Project 05 -18, Resolution Receiving Report and Authorizing Improvement Project DATE: April 11, 2007 INTRODUCTION Azure Properties, Inc. is the owner of a building at 1650 Beam Avenue. Azure Properties took legal action in 2000 to determine that the city was responsible for a retaining wall built by Azure Properties to hold their parking lot in place. The wall is failing and the City Council authorized an engineering investigation in June 2005 to determine an approach for replacement or rehabilitation. The report recommended a project be completed in 2007. Approval to proceed with the project is recommended. Background The property at 1650 Beam Avenue is adjacent to Markham Pond. The parking lot for this property is supported by a two -tier timber wall. The parking lot is beginning to sink toward Markham Pond and the wall is showing significant indications of displacement. Due to the possibility of failure, the engineering staff hired a retaining wall expert to analyze the wall. The report from SEH Engineers is attached. In summary, the report concludes that the wall has failed and likely will completely collapse within the next couple of years. The engineer originally recommended that the wall be replaced in 2006; however, after further discussion in October 2005, a decision was made that there was little risk of wall failure in 2006, so the repairs were delayed until 2007. An updated review of the wall was conducted in January 2007 to determine the risk factors with waiting for this improvement. A copy of that report is attached. Also attached are a number of pieces of correspondence that have occurred between the City and Azure Properties over the past years. The documents summarize that the City attempted to assign the wall responsibility to Azure Properties, who originally built the wall. However, in 2000, the City Council was forced by court action to assume the responsibility. Generally, the City failed in the early 1970's, during the construction of the Beam Avenue project and Markham Pond, to acquire adequate easements. Azure Properties constructed their facility relying upon appropriate easement and design by the City. This was determined by the court to be incorrect on the City's part and thus they assigned the responsibility for the wall to Maplewood. A summary of the legal responses and agreements are included in the attached correspondence. Budget Impact The cost for the investigation phase of the work with SEH was $17,500. The cost for wall construction in 2007 is estimated at $375,000 for Option 2A. A project budget of $400,000 ($375,000 plus $17,500 plus $7,500 contingencies) is recommended. Funding for this project could be from the 2007 Debt Service Bond. A decision was made by City management and the Council as part of the 2007 Budget process to consider bonding for major projects in 2007. Since this is a legal judgment whereby the city is forced into these expenditures it seems most appropriate it be funded through the general levy. We considered the EUF fund for this purpose, but it has not been in existence long enough to establish a sustainable operating project fund, bonding for these improvements rather than a major pay -as- you -go approach is recommended. Agenda Item L2 If a bond for $400,000 is sold based on current interest rates with a payment provision providing for fees from the Debt service pledged over a 15 -year period, the impact on the budget would be $31,800 per year. Assuming all other impacts remain unchanged and no other initiatives are added, the increase needed to cover the debt service payment would be 0.2% of a levy increase. A 7.5% increase would result in every single- family home paying an additional $3.70 per year if the decision was made to use the EUF fund. Attached is a summary of storm -water utility (EUF) charges in various cities throughout Minnesota. Project Considerations This project is a difficult consideration based upon risk factors. Mr. Ron Farmer of SEH will be present at the meeting to help the Council understand the issues. The facts are confusing, however, the City fought a lawsuit and lost; thus becoming the owner of a failing retaining wall. The wall has been monitored over the past few years and continues to move. It will fail at some point in time; however the risk factor is increasing with each year. SEH inspected the wall in January 2007 and determined that the wall continues to move. It is likely that the wall will fail during a major rainy and wet period, although there is no conclusive determination nor engineering judgment that can predict the actual date. One option would be to delay this project for an additional year or two. SEH recommends that if the City selects this option that we install a monitoring system for $10,000 to determine movement. A best engineering guess is that the wall will fail within the next 5 years, possibly as early as this summer. The $10,000 expenditure and annual expense of $2,500 to monitor is only short -term and probably is not warranted, but may delay the solution and expenditure of funds for a couple of years. A second option is to proceed to construction. Again, a risk choice is necessary. SEH has provided a number of options for replacement ranging in cost from $150,000 to $765,000. Engineering staff and SEH have determined that the most reasonable approach is Option 2A, Partial Excavation and a New Modular Block Wall. This seems to provide the City with the least cost while providing a reasonable amount of risk and longevity for the wall. A brief discussion of the options and the reason for the conclusion on Option 2A will be presented by Mr. Farmer and city engineering staff. RECOMMENDATION It is recommended that the City Council approve the attached resolution receiving the feasibility report on the Markham Pond Retaining Wall, City Project 05 -18, and authorize a project with a budget of $400,000 from the 2007 Bond Proceeds. Attachments: 1. Resolution 2. SEH Retaining Wall Feasibility Report from 2005 3. SEH Updated Wall Investigation January 2007 4. Correspondence between Maplewood and Azure Properties 5. Summary of Storm Water Utility Fees in various Minnesota Cities RESOLUTION ACCEPTING REPORT AND AUTHORIZING IMPROVEMENT PROJECT WHEREAS, pursuant to authorization of the council adopted June 13th, 2005, a report has been prepared by SEH Engineers, Inc. with reference to the improvement of Markham Pond Retaining Wall, City Project 05 -18, and this report was received by the council on April 23, 2007 and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost - effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council has considered and determined the need for the improvement of such retaining wall in accordance with Option 2A within the report at an estimated total cost of the improvement of $400,000. 2. The City Engineer is hereby directed to have plans and specifications prepared by a consulting engineer, selected by him from the City's consultant pool, under his direction. 3. The Finance Director is hereby authorized to establish a project budget of $400,000 with funds from the 2007 Bond Proceeds and shall provide a report to the Council in 2007 on the expenses to said fund for capital improvements and the need for bonding for said expenses. Adopted this 23r day of April, 2007. No%vinhor 1". ARK Nip t Mak AM ME Wols, LAN;t,T - (it, of Nlapic"ood. Tulkiessa PRO I.Aturn; Road B Evs I Rai Nu. AhL RE: 17010hiht', t1 l Muplo"'vd. SE Nu in w"wrl"wP 01 cmir MYSAAm. vve mv ploacd, to whmit % FwwdQit Rqua wt m1wirmplacament of the Nixtham Potal ReMiNny WaH. :*,....a ". Av a t.. ICI. pivivur Dic soil horhi �:tynplcmd Or do pi cnamnatud Nuoup jqvolo Song the royn of the waH that has bcon the nust pi The vkaulq ka a A 4) a ad prQl i 1 dL, i Of '- -I'i, IUS 11 Lernaid ve %V- �r—iitnnoj Se"eral uhefnali it'ptim" Mxling trKwathin, Und mpineirtu"it I !n• s"iny and exichrig vimniin-t %vull, We almi c%aluatcd voivimchn a sh-cet pile rewhor, "all N!"con 10 PaNIg ka LM I? and din e0why tirnkr "all mid leamig the eximing wall in JSIL--, We Anun that NH cNauvmln of all the depOsii� �. repkicemon ti f the "A 110 unkof bURLINg dUC tO do CKWIR, tithe M"VahM and As qvvinuV N) dw Ak� hViding MUM= MiAng Meet piliniu also endangers the bull dinng, dUe n the l ill 0I' the llilni,. rcquAra! and the My MaIn damage 1 bereMn, Optknis to inininnaQ maradw we rarkin,; kA and unproic drahiage with haNwei0a Us 1) no inipt do knuAl vi=q 4 0, nioung sail and "he RI XCeptablChAv I n �he cmd. %% e devised a p! ii I " I l I zt e ie I �e 3 1 g : i t o with a no" InNer rLtainin the pond and rjaccs the c illy t,! st:a uLL: the c0shm nH be& A do "al L KL k1h 1 no WIM &H T innial Calash IVULKA and rcplak: ihk. iil ki ii di i , - E s sklutioi rvuhs in adequate c-%c,-.tH � "'or the io g "all. QuAls rogardkm our am vNitahad in Me We ai'l' Chic uppyntrids us ham "Mcd wAh you tm tMs ~shall ungin; pr,den. if vtva have t I e N t i o 11 - r) 1 e a, *,c c a i L -, c I I c i h or me a t 051 490.? 0(m), --- 7 d o t R nald, B F"ar pf`. Markham Fond Retaining Wail Fe asibility Report Maplewood, Minnesota N ae b r. 2005 l.C'1 ti4:s t €iI�? a #' :[''tiS'- }�b [ i3i ill' k T 3f t ? € ' i ii S ?[ altd 5 t l ha i , I Mil a +„� y .. �a � 'wA ���'�� e� ,,iun ' il � �� , ",8 €2'U ° Rid dL-v the lav's _ ..... ....................... ._._. ®__....__ _®.____ ®. ......... .... _ ...... .... 11muld R Fanner PEE ---- ...��� . ..... ........._...... ........ _. ... ._ ....._ ®_.. ®_.__. nn IA E For* Elliot! fi nc w$-,�n )r 651 190 2000 Table of Contents I ol" Trallsillilt'll "Fahle 1.0 Introduction ........ .................. + .......+ ......... ............. ............. 1 2.O Conclusions_ .... ...... .............. .......+, .. + +...... +....... +..........,. . 1 3.0 Recommendations..... .......,........ + +.... ...... +........ +...x ...... + +; ............. 2 4.0 Existing Conditions.....,.....,.... ............................ ........ ...... ...... ......... 3 4,1 Evaivatnzn of Current Conditicns 3 1 Exist ng VA./all Condition 4.1.2 Subsurface 4,2 Existing Slope and Wall - Global, Stabiljty__'__ ..... ...... 6 5.0 ........................ Replacement Options ........... ........ ............................ 7 51 Excavation and Replacement Options__ .... ...... 7 5.1,1 Option I - Swamp Deposit Excavation to 8-- 'set with Modular Block Wall. ..x ......... ....... 7 5,1.2 Option 2 - Partial Excavation and New Timber ........ 8 5.2 Option 3 - Sheet Pile Wall.......- ........ ...... ___ 9 L - n'ted Rernedial ............ ..... . . ir 5,3. Option 4A - Grade Correction.,....,. .................... ....... ------ 11 5,3,2 Option 4B - Grade Correction with ....... 6 .0 Permits .... ................ ....... ................ ...... 6,11 NPDES_..._..,.....,. ..... ............. 12 6.2 Ramsey Washington Metro Watershed District 12 7.0 Opinion of Probable Cost ......... ...... .... ............... 12 8 .0 Risk .............................. ...... ........... ...... 12 8,1 Risk Management.....'..... .......... ......... ......... ...... ­'... I ­ 1 2 9.0 Recommended Project Schedule...... ............. ......... __ ................. 13 List of Tables I able I ...... Sheet Pile Re ...... ........ le 2 - Ocz - �­ , 1 P! ✓ilable C r;sfs, ...... ..... .. ......... ,in 0, Table of Contents (Continued) List of Appendices Apperdlx A Nlarkham Pond Wall Memo ra ndwrn - May 13.2005 Appendix B Summary of Geotechnical Bohnas Appendix C Slope Stabilitv lResults APPeridix D Opinion of PIrobable Cost, November. 2005 Pre par,d li.q I, I 1c ( I [; Lljlli" W " td %I ' I I'l I L., 1.0 Introduction 'd ha a i It h k I'lle CitN of Tl—d this %port to o" n2placill"I the 11111tier I LOOII'� 0 O-iSl ic Markham I'mill. The nif,1'11111iM1 ad to the propi,�rty o l R I hard o . onion, f parkm�: pl� o p L`I Sk,IlFek�! UHL] �,Llpport- - I p lis for I I The Ill, !7 IS P I kLl p.cl h' ZI Iih: NT il hV U tart }T vilufflec ff"111 STAI III Ma. 20 T ITISP - Lit' [lie v6 a I I I )un- V n the -,lto % -ltp p% irrion, ol'd— 'lfll t"n, 1 tile I I Thc PLAN �%all colldiu011 I'VaS to �:OIICMIO]i� Th-Q scop: ot [lie kl%cstioplioll kl�,CLI !o pl a!"i INS ['ePOI IMALI&d i rva, -Ili alorl,� Hie ed [ kin • FOUL i 4 L �,Q�O�eChll ":ill I�L4 • F"All I rt.aild all ZQI bon II TtI*Ilm the v&,Q� of 1 , larktian Puud Ix kl%k OIQ -.'I1C0LlIILCT,`j Ulldcr rhQ parklm. Arz- k�%Ihlhli, tnai% si , I' OlQ OW Vall, f P OIL W 1 Z';'['[TIC V 111' 1 It JA 01 2.0 Conclusions re'SUltille in suloIiderice and od TH-' C'Ll!") ITT 1, Ild I IT behind the wail. This portion olf Elio \c ill ha' somLidly 1`.olcdt confinul-S o'l MOVo "AOII,0v LOWUl Ino TDIAld, COHILIIRI':�' to ret. I In US Few"In OS I L Dcl 11 FK1 €11 atz I A prim.ary 11.ct0l r the comlfition ol lh %%,uh .il i, t— T N, I I.) e I I to I I and I IP I e S 10 [ 1 0 e i I I I I o s 1 v CUP-'�il%' 01 the TA a • S eonditliC.M IT "M' ThC SC)Lnh," T portion of lh�: ,% beae� O e Own ';oH �ol`diuom' near BorinL' B-'-L AS c lez�ult' ThIl SO pcIrticm IA ihe , ull docs not Sllw% ili�-' in Litt„ I i �) J' P Q � : t � tO th'- bUildill' • Opfikms rkir repla':inl-T the ['ailcdl 1101"kIn Ile M Lli�. Boring 2 are limited by (Ile exismlu ho l '=Il'l16owI IhC 1 -111I,:U space IIN d1lable I'or col-truction, to the Office bUilsfing is loIf er than vo typic"I a Perniullem �' ThL Llobal slubilit% of Elie Slof)c al I there is -,I alcmig this port.1011 kA the %IIII JU-st beilind the cuit, 11 uhc TimO.1- '-k lt EaC '%er [ fail at SO ill' P01111 ill the I'UW1'c:T J U i ofm the fiII behind the �kall sill Ocel.W. The northern I}OI Of the iiinl ,tr %I,all :-IIOLdd DC l"PI I ITT, Ef further movement I,)! the parkillLz .-Tou The City a[ScI flljl 010 01160" of irlS'Ulli`Px j — A A I 11 JI scsu e nd ot' th parkin arca to prov-L the ope iln 0 Ill is oe!l- The llillbcr vIIIH -0 III LD" Ilaill hu dkltis nut ap!P� -I- TO I`k €ll enlinclit From the list of options pi in lhl rc!Pot`[ LIM- nartlal u to 13 [Lice ment %viih light%voiLlIT aggre"Utt: OPM lc'.)pflon -Sectlon ha the best conibination ol' 6 iI1lj)I'k)%cII1eIlt' n!IL allu reconimcnd tlli.s UPTIL,M1 4 f(.3E Thc lovI i nz rc u %c: o n < The pal r'qLic`,.-'ETW—1 %WW 11 " - OM- lolu o - ti:.It clu-Cini e tilt N aml bel o\ I, wi "eLtIolnenT - And Tht: c'x'~Uvaliuffl 1�11 .l Pdl 'IT -W IXLU� "ItIC.M )po "v I tic a I t I T i 11hcr kka I I c:i n he roplak,�ed, �� il'IL� h v, 1 l t i Nw i Thc kl:•L� of 'Al N `l heijN kO Fk'LIL11:2 , rlie "tist till till, kkl"1 011 1 l Olkin Ill": 1 1 Ud in i I "N' Lip"1knt that tCl Ill lz pa u j % buk: The 1 _7 ld - U C d l an.l �)t fli P� r 11 , t 1S I Pl' Zidd [OWd' till 1 !,_.,;;t 'U bellealh l he plarkli"! It)[, The dra',VT MIN OM101[l ITC� t • Tho parkin m%-'a kN i I I need Io lie t: Io ic Iii trafy kit I rit I A n , im I CT it In. All rerilaz:k PUNKI ti 1 nec-d to be prov id,�kl.l d U "i t , e T In l�i ncri, kk.[. Thl l 'kh011 Id IV drTIM kled kk ith I I ls° lcmlllt. • Tht­ s%% d deposit kill roindin irk pL. w.,k lho rlk3, t mm he 0 A st"' N il z :11111'l1 ivtltlt ii kkill ne 11.eiti lilie,Cl Pil"c" "011 Ill e huilklimU, We recommlond addifionlal IN(trin:-, elk.)scr to th Bk� hu i ld i m- to better dt: fine this risk. The entire parking area %% i 11 1 i kel,. itecd C I'V n"Paked, ti traffic front heaNy CliLlIPMleFit ,S ill 'hilimi�2l. dio N , NiNmi!­� 4.0 Existing Conditions 41 Evaluation of Current Conditions "I"he 'xindition ot the reiaiuill� %vall arid parkin arca a, 1'LUlik ITINP-- :;Iekl h% wit colccllllical tl SEH' it %Li%, 200" T'lic I'Makili-, thc Q 111.41PO"1011 kkert ,immiari/ftl ill kI minnoraildHIll '0 Hkill 0( Sl'. I On I Th` I i W, 1 5 -kk j [I j i% : k VNIL11h, Of tile OOC 11 - Ll P r) e i i ic i i I c ki ii, it It inkirillatikill fi'k)m the ffl`` L­,tl�_'lltli M Mld <Llr'kC% d,o a lti alwill­- fliK. tit llll,t ekall 4.t. U'xistim. kNall (:ontlitimi Till' D k.l , kJUJl'k,- U lW N,T I bdL]% Z1, !till' ­ lilc!112 ot �it 'N li klil h] it 11pile; l le k it' ilip" kk�ll , o­liL Fhk. ^ kk 11 lk wi Tak'=_ ii "N % iv, i,N iCl tti 1C31r' l, lH" it"d C . 1 C Irk kil A A A i7 with Me n0mim of the slavaiun xvhnf NOW: 14 KL The Walion di if crenko, rrorn Me pytin; lk;r to rho pond K 17 Sam io Y) feet. The nwhAK p,mioir K to aid is aIlmoarmach; IT Sam Imin whh 1 !('1 !Or Rmins moh"c,t to smalIewi, paralic'! to an am-�Ihlj offiv�;.' htnldnlg and 001 War runpung th &I t I SkUll P1t 111101 N' WMAI'd Al 0. A Portion of rho aid! Appears to haw Non burred a%Ah a la,�cr at trim "hkh is qdWed " A I %vire IiiL-Ai, - The %h%pc a !he ripr,lp ark, is vLI% stec- I % In e\MS ol Ntl% b% %iMWI 'J "he lfl)rnjn alcdL ':0Scl` a Lfistan':a of nnivdil, litt t1 iNctore [he dinhor vk.11l rk:,Ipfledl`�\ d I 'ITILL Lao wall hm a { hmance of Nmghh 11 ka A Calf art e\u: UlJdUl the iffnap fhntion of the skTo The We and exact kwathm of Me yukni was ma clawriumud as `Mitt , d this t 4 eti a rt On. The `Andl i�� "ah hnSh and TrCos. Tl`Lc" kit' Lill to F) hahes ill Wanwier We Men Akmod R 20­0%v' in rho balAcCII Me U71IM and Amer "ads The skme behind like tipper wzdI his been Am& of Rush in, to Pao AI be l; wit A m of I Iw h iwer her a all bulak; Bori I ­_ 2 i, 11 iv !as a i I ion d ista rve fomn the parkol; Aq cum to die YnAnd Awboo 0 Me Kv of to hm or lia is 12 Vi t. This occurs over a lawral distaiwo 4 N San r"uhn; in an ebocti%e Nhqw of INEIV At Me kw;ahmtQRcnv4. WeeKatitmofills w6cal a0vathmi Wu "'. of 15 We"locin over a Lncral diskince of 23 feeL resulting in an effOah c YkTe 4 1511: V lie cOvskal Wmi to gnnind %urhav at the [oc of the %N all to the poIrd is approxiniatel � feCl Lit Lich lk-'cation and vrk"Vlrr*"Lll about a 1 %' The wall shlms otahms Auns & nivoummi akmy As ixwdwrn punky The Mani rinAvrs of* each tier have 17CAi ued I =titwdJVL ilkliCdnn� [Ile w�d 1 1 !s rnovirry io%vards the pond, S%.ujh_ 01 the MUEUMI UPIML sivAles ' '(I dvc� rs,12s. I lie surface of the harking lor has subsided evertll inches at the porm of' inaximuin vall Indanto The subsidence ad Ow wkin K drNars hi fewa cratrod a low spot in die patib; ki curb" j. " hwh A k wo i%_w it :'Litt ov or the vurb and down tire shTe Whind the upp v nee. runkilf hav, Los Liked In t I i I uss 4 hu k 5 H he N nd d w upps I III Jdth Ilk il. �L)r 1 It V's[C I has vicated a wivIloui it Ow for n,Ir;h"eqcrn end 4i No a a If near an e0ling c anh tai n i w At dw a ntic of Me ; I us 1 1n `I'e I, wn. a tier Lippeynd to uk e 0 k"k Me 'I�ph.dt curb al the each hamn and rini do n Me sli Tkc aiono ill la'. !'f Or a a I rwIxT dun 00000 500 OW VOLh KIQ WHILS Q 11"Ad ASIMhun, be (10 'q Nkipla"' halpLaCd Liddnit)[k] b[tundIK'sh P011"FINH Ald 01111 k; smirc ME "ski nliv 40' OW LdWh WIT MY mi an Gle and of To Aall during srhat own; :vvnw� Th: vilsuq junwil I > !he GiNcT "AH nmn= io Me x qah paralk hk lsrnn. as �ir,,'Lzz iN in hainT phy,KAI amdohm 1 iuk nqAwm 4 the Kh'C nnut -4 as Avyrxnd Nwiyw inwoa danh ok.uNad. in- aclur anj lo", 00 Wr—"bly T tht A all LUZ HI WOW 1202i Wi n" j IV! - MHj. [ jurkiny W 444 *1 roripm j;H, I jiwTC,� h,qIl ATC nn . norr i 1"k, or me jymiam 1 Wriz PMOTA P do "011 �Nskwd is nun in 2 QW, is tit the pond. or that Ouc fill behind OIL t1pr I I b has sonled- '['he crauk; wmilol Vat he a inuh of a coinlArimW of skm Swc rihnernent and IT senknwn 11w patkan; Arcu behind dre ,flail has a rwhe steep i-Tradc in do diNARAl MEW fhWd. I' WOM. It IS unclear if this na, - dQshun reaturo. or a € i(.th.t. i' tnet ha devaki tne; Lune due to ,le nerwyk ,40w Me umarb the lakc and NaTtleynciii. fire ziray pa ion 4 IN skTo has in unwinn appearance. It is m clear it' the ripval va pla, :cd lil Ah� inaliner- xEtt [lie evown ng app carow or if IN sod undcr Ole rifirap is herrig unliall- LaWing rha ot do ru to subside. 4.1.2 Subsurface Conditionit Subsurfaco arimikkaw store Weniiiih. fnwn. the twit is of hecacclahoal fistrinus am! hand augayr 1xiiiiizN. {­R.0r0L'fHAk:J1 hMAgS "CIT perkwnted "Ali a holltnx qwn al -'Or i IIS.Al all"' Standard rolu:u te't sarnph ill zencral accordaro--` m ASTM D 15S(t Sarnplc, t\erc cool ectL:d at 2.5 huer%als in do iTper T feet ofthc borin o-S. and aL 5-root irner%al., bohn\ 20 1001, Thill-Wil SLUIlphFig Wt, Y WOW USIM to kvivei, warryin of 400% old mank will "hot MY acre cnctaiw n%L Thive horings "ere driflild to a depth t tt 30 feet t 13, "Ags 1. A and 4 and ow Im a no I Ma 2 2, "as M led to is depth of 45 fort. [son of the h"Angs and Wxor;00% r"AII!, -11'O hICILIded in Nfillendis B. A livand auger ws u-,cd to LotorniHIC SKI W"HIMM W WC haW Of IN Wall s i nee I h is area %%as mn accen lie %% I th d rd 1 r; s„ I land augun v- performed to a depth at S%hiwh the VvIrrdt: %yould no bongn wrilain tyen in the 5awrmcd %a€ d wil. trend awner depili ranot: from -4.5 lo 9 feet. k niap showing the Iks,;a[ions of the qtst;o:hnrcal holings and hand auger twi is included in Apforolix 13, Soil hilt dn'..ons none the wil var; whh WAHL uerwralh conwh of as later of Sandy Fill (ner layers A swains clays. AS, SAW, and k depoo,ils. At do mvh"awn end of rho wil 00n; 1 and RVIn ski condh45[1.`' WC iml the "all wonsrA tw5 few to nwduarn d"se W vind HH. At a dq0l or t „?. ow i 5 rt or if, S '�and it I i , as , nCt1unILrcd- Ile ttT,oil lajer "as WN do orwimll Mvwnd ;w1wo at ohs locatiow Bdow [he 11MCCI NWAT 011 Or, a Z AtY M Awk kQ ei- 1 ky m- �n h', 'Und. 2 I'Lo� I Ofletin, �,: 1W . and fOUI OfCIPI �iud 'W"Orlic csi-i�,e alln kil wid, shich e\wmkd a to Nqw of rho Wrin at as k, t?. of 31 War Si do wdy of the pond, onadblons collsl.-a tf v S o-'Ol X Cho wMd Al d To 0 W wdu Mma 1 0wr 4 lal of Milt and Y"ami dqhwL The NAM dn"it uic!ULL: 'A:® a!UL, LJXI� Oluh 'all"': peat and Wdlio: 13,1 wk uu� tl��.amk: Lr, 'l. WIR; wid L ' ! ' k y nh jQ t dh F of do Neal th�: c�- '0 Lli�: iii-lifl%-il i: A the "all Oulu& w ine 450 din: i Pho Ina 2 and 1 W: � rho .114 h n k rnv a 0 1 1 1 j W T ho 1 n4w to vileAm 10 thl w"nin o in wvi h�pq Wer or qh% wd and 0 QN Of A d IT :Ohl MA M.W.4 WO 1j loWn 10 it! knw� I —Aifflit cmisi ' sts 4 orgaim: Jay and boghns "An M:;��asiomd len''cs of lwat� A'eio"", the s"'111 depusit. '-',5 Feet of !Mae silty sand and 2 Got A hn-V wh wet medium denst; co as aHu%An, sand deposks- "fich exond w the •hqn tit' the boring, at a depth of K 1001, S&I caidKions a; thc an & now okjw [Amanly consist of sly sand it) a depth of 7 I&L Ilo"aar as 1 a of swunq) deposk consisiOg of Why sand ukh orymic Awn and h,kno "o vi-ncounierod at d Ineswen 10 and 15 Qz, SWI C01101honw A= din 8fi-fow twit south poiibmi of dic Oak. "K&� pai%dlels Kairiard Stre et. are derwod by flings 3 and 4 and Amid augo: HA-3 and H.-\ 4. Fill eel'ale, Jltni'4 the •owliam ".all YTnkm lang: kiwi K to 14 QL FiH consists of lunte to nwfurn dense why sand and , Lq u; sand is ncoun Nod in tho j 25 aith iOMW 1g lean clay, 0Unit: H iZ uts nd 0 , L - ', L feet of AN ai Bornn� 1 lick)" the tit 3 R) 30 Go of So aHniain malies !Mae to awdium dense sand- vduteh csToUIL'd to 11h,: 01' Ilarty, at adepi-h t131 feet. - 1 "he fin ealluniulln lancramisAN 1dwiff Am x It Borin2 4 and 100SC Sand% silt a Boring 3 :A'i the he to dw SkFc. to Uke:' ,5 feet of sod amumns a nix Of AN CAUSAT Of Cla%Q land". SAX lafld� and soul" org-'I nh 1 Rel(Vo 2,5 feet, ,Oi.Hnllar dte%!nA.'- .s,'nd, 1k sand and sand " silt , verc h) the bovonl tA tht: borinc'a %-, 5 fc�:t ar HA-3 and 5 ft wt at H.V-t) h1wr "as encournewd in At HST ,)t and 1 1hund auger homys. %%war ranged frOln eleMbn RAS feet to 87V7 rML 'I'lle 6111C ltefli't-i Iof Imml obsetvatiois during J is Shw and Me LMO "alwa lav! it Rdy closely related to the wat er k:0 wi Nlaiklmrn fluid. A elevabon of 875 Ila ums und for amd"k of No slope. a 2 Existing Slope and Wall — Global Stability The global :;tabihln of the coining shVe xwab analynd, ug vanan noa Borhys 2 and I A smOun now 106m: 2 vais chosen bunmo t I dw s" amp d lual dANAs in As "all and parku eosit l paver a dha locnitm. and Me I area. sk section at Boring 4 "as chosen be"un To %nuad A& hq"oni Me parkirtu area and ond ib rea[en�i al, Blor niT . 4 P Soil arametcrs at ewh kwatkm "we eniniawd hawd on the —A classification. SPT blOO, LOUH and 10=0011 ICSI•, Fdl " alon do Kn& r".! area civand by Be Umber %all uas ghcn an arufit:iall hl.:Jl :-U'tulglill �UIUU to fame the pot failure atnekTe uubWc die rtinfuivod aNa Analynn were performed using the skVi: suibilit; sollbumv SLOP&W by G10- SLOP DAV Inks Lid, The factor of YdAv awinst : }lohal slopv failure near fli rnit 11.2 tnas fkiunj r• he p 17 1 Fi A pendix C4 Near Iling 4. To hichw , A K) jyun kAnd g siape !oAme "as &Amd no he L42 Wigue -L Ap ('-;� A !'�Ilical minimuni factor of satciy Car hog-tern t-lctpi � taatUn ,, C? in i :anoi--E soik. In organic soils- %%c prefer as facusin of suRty k! 1.5. f1w whim! 'd � I c Stabil ity near iiorni�." 2 uOUld bc! LAuls, �c[ lllar .LhIA SUL. " 10 T 2 kAn 1 M a h 0 A y ne B o rn i O a t i ld he C om, i de red ask` 3 p. t all 1 o' Lhotmi stAlky should no he CmAmed "Ah 010 swhilk of dw Oak 1% 0 0 0 AWN. t,t , l tltt in a Slure Of Ow not! roanive OWN! ZA "a in wenL The stabil in X Te m S nnern, is it a as m,t aim! yzal ?Nex Borin _'� Or: ,isiblc uRnmritent if the vo in aW rotath a 400cm ir; to "aH We w4lld ahwad; he onnsiAned a Wme of IN "all. Wcrnna in the Sisamp donna luer. "hwh ix put of to marydnal ghbal nandM Now at Mi ainx iN On hind, pndn •tri- On to \.4all Knund the &Ann huds. resuhinn in ris"ernent, Of the visa fl Nco_ arld te ikibkc nlk ornnu and In Mi- parkim- aroa 5.0 Replacement Options Solution, kx stabilking the ematmg STe aro lanin, �rNan thi: ,:onfirl2' lnr :C a?afldb`!C for construainn and dr; wod no ininKrize ingins to Me off`i,z, haikfiric and its tonants QW, "ore de%vhTod in iqAwbil-t tire ola '.:ill and 'tahai/rnc lie SkTo ahmg ,:ltd IrolibcLU PLIK"I A - dw existing u all that is sks" i, the nin d"Pons. The lanW UptiOno LOUld IN.' tli�ed to rephico tile rLirlaninin porlron' Of the "A! Mu, 010 I1x.1 clarrady sho" No as iritich diorre , 1 01.11, m if Its roplak:oinnit cvurnivilly jN idninr aalls "HI degradie iv'k nirle. The n la, c-rno oplion we rwhriVally feisible. f loo oe%er� fill! replact-nicin igtron�, haoo �'onit; drx'vlILr':L ' Incin"fiTIL TO Lao% OffiC.'blaildnl�; W U a W, n Mc pow n Qd on LIM nav U tit we 0 ffi CC bit iz I d i 11 a 11 (, it r'JI t3 t (inn to t1rambacks of ifie :oniplo Le m U I I ro J)1,1I:L:! 11CUL r 1pt i k Ul s. I VL i i add i ( i0l 1L! 1 1 tried Ld Opt v m s % ere i m cAna Led ru 4WD r; a to v w morit d a Q g­c' isswk alld wirrAe qmne Q the Vid belmnd the otall. I he rcriledfal ornuars Ti nia fully inipicio ,It,: condition of the :slnpe n Win standards. or' repair [lie io,alL Oil', mill help to iniprtou alt.. and sJ1 K dotomwation of No m ill It Excavation and Replacement Options The fiist option por replac: nicra of the hiahn mail i" o� nit a irmlitional nuidtTur hkmk sat (Tinqracrkm of a msdaLa Ock "an x"ll reqUiro oXi:a',aLiVa into Me wall pjikjn ' a area Q the planninat tA n-byrid KnWwwriL For tha roamm. a moAd be desiml i A& the fwe Of Me %all tanvan! Me Us ro Wwo the irwrvion nan flio par'* ar_, arc�a ay nais:h ai possible Crurrin: Le insirtlein n , &11 (hWon I - uamp lkpwit Excavafion to 875 feet Nvith Nlodtilar llhwk 1 01W For a nuoduLar hkil "all d on in he wahle ts� i-J\an vianlp :Ieptioin* mider 11w rimkino area Wild he ramood to We hino el'kitra Rcrinnal Qk siaarnp Q40 .% it re• ull in fo"cr prcb,urw> sn the "all . iml roghn i a nall ; bohal nijbi 10 1. Rei mn j 1 of i he w" ainp depmh ka, or bek no ill cot a 4 M � 4 N 71 1"! " d 1 0 1 bc pi al:ae.d kk RhonAi i,:OaritrU,1111�: e dalT A lKA1;WQ'NlJKhJTU P-Hd hi YnVil the Vilad lPlat hikH_� Me C\­I%aliiil 1wed * the Kn,Ill nq alk"ahl, "Art, "I Ow 1 anny In an I A UP: C AM. hl"Una I in -in "MinnW Ad Unkv-"n' nduivirn. C )SHA t "! the 111•"AFT'LLIM lance inm ill asm q 1- 5 Let Luldcl lh,' - ,'111 i�ij t%jlra Snod he 4"Min 1 fnq '4 to nAwri 10 A,mk cnpdw rAiwo.d of nhat of the c0sthy; paltirig area Gw 111v pot of Linle rcqLlirc' a) Mai: dre ev"kation and cimsun! Me wuH. BaL:"kfill for tire c\�avafion �houki wnsim of hgfu" QW aggoom UMA i. LWA k a IsOn-lifed. eXjuinded cla% 111akfrial v Ulr nlecharrica[ propcitiO, sindiar to coarm; sand° hia, approxiniaid; YmKalf On ud a ualumial . gunnlar 1111 R 60 pcf �, t'sing L.W. as backvi w iH reduce pi evul a l"Idirs! ik: wAL aild rMce losids over the potivon L.if On N"utaW Licyina layor !!it cum be rermny! ReWhy load-s or iii suaUT LOPOUS 'slap IMM the potenfial for long sealernents "!rich arc conwrion in orgoW, sod wk increase dic oSendl LOUbAll GIVIAN LT IWQ� BW 10 SATO t, _ } . an UQUOPavv': kn;eL :k knwr cost al•orative to Mh "oMd be to use Ede chips as .a'+.:.. k1he back ill for is Oxcavation- We wold rec,mrmnrid udy LAKA an b"kAll frainediawly behind the ,%all if tic chQu we use 1, 10 WAS ua-1 poorrned Arr Or.: tire chip fill option. Ho%vever. Oie ov�* —Ldl �acior t.A would be similar to tire 1--N \ fill orl(ion A;Ws of tho Proposed de'lign for thi'- ,'L.dt N ir-'iou 14WA exposcd face. t%1 o-i ii 'rcd l all ', ith pari. ai Nv id back t i I I � "Fin anall y"es l %er' >),, rr kAr U��'d f � v I Noi 1 q; 2. We sirnuhhou; of t t+. C 0 0W ; ; W ; , I To a In I k"" k it 1 c Ap c factor of swW" Sirna-dwWx "to ion AW W% w m as to dcternrine 01 rnhw of soon 4 OW cXMI ."n can placed and the "all conqrULIOd. The swcoid cny istructed. und backfillcd wall. 1 Case. thl: global Knor of why agxnm Mine U re "a' Quit 3.Nnvnlx (I Typic ally ° a facior L:U`zia6 I _mot I for Stability of slopes Jalrillu Cklm�Erucliorl. Fk.a 'III'- a— lie factor ofsafeEx agairim elobal UP: 00 lure %% as Anind v A pN ndi K C n wkic it i s W "I "' i Lie red ac e a pta b! e choL,on, %�e reciinuiwnd addidaml yoAcchnvA 'ice bu idding, strUcLUri-. Und a "ir thO to ensure the cNcaintiort will not romili, W dama 10 pan of the But desisn, h may be n"croso to mWinna Oic fr)Wld:1ti011 ',oil'., at the (Iffice building to minimico nw� powraial for hrukhn� darnago Mt* for the Qn are nia inclujud ;H the opinion (if probable cos !or this kiption. All CVtWn 2 - IWAI ExcavaHun inul Neu Thnher Wall Options ncrc naluatod for replacine 'tire vaH "Kh a WN BMW: W Mn poses less uo the ofrIce For these CaNcs, Orl. cxca"ano!l v'olllc on4- extend to the base elawtion of the we un&rlymg swamp depot Thus, Te oxcavakm "ohld nm exond W dw pwkkg area vii nuxh as We cut for the enca%aWn d:50 4d in hemkon 1 L I AS J, resalL the m"orhy 4 the ;lNLUMP L!L'� k %kkirdd leniadr in pfa:L� LIUUCr Ore parking area. Shwe the %uwnp dpi sit alt Uld r0fnahl ill there is a greater risk of Ct. lr)rq--1erm skyric and narW my 2 l nun era: due n, ardenwrit and crivoll,if nul s" aw On s! Khoholadw,: FsaynAy 0 rnwxn pan Roam WS: N.M the IvAnhilk) o f krigwmi nenwitan, a ligh,"A;ht backfA! v; requirod. The lira Would LOM Of INI 'IT' ti :s P,U pol f,",ul; 11"I'st, AS havKH, would Winu the Qvinang kiaj on Ow wAmp durInd a hAp hunt i j(hInInoll and '_,:V rj is stdl some ywufal !or mall ugovnwra %%ah Thi's NE RM, A ninie rmond rop cin lag tho "At "Ol a ww" tinlhel k%,'Il FUltyl' [11dil a nii-IdUleF Oli,`Ck oUH: A AM "all "di Yho" loss %kihk TYR3n dmn a nwalul a h k wk ,vat! a so nic ania, H d 1 It UC'2 I I K111 N CscC LIF O el' I i Mo. SkIn wubdity analywIck etw "criormcd to the I%wtkl cicnathIn alai ropla.,L"mew xx1rf1 L%V -\ and ETS fl,%tarti, back fi 11 . 1 For rho Martia owavition and replacoment tile laotor of =,afem aphnst .ii hal sk, 110faw is 1 47 Tipwo 5 AppauS (A FAA the EPS A's m it! (Thon. the factor of said, againq shipe fadure is 1.44 F1 ?;win's{ 0 AppendN Ci. The fa.;�aor of aginm Us' 16 " hi Ow Non Cult reculired Ida# I:ocavalion i= 1 . i l €y 7 i kppondj\ (') The parivil owa%ation option has vmw of to wnw dr as ()Ptkml L The excavathAi "(qdd extend approwinincly hAllua; duo to pailig area Thero is a 01; of failure of tire open CLA. ospeCiallI it' hew, ,T prociph,iti'll a Ro a s ow , Te ii e Ta i face, T In r Is i n a to a " TO X be ac c d Li r i 11 Z. : tumstrusika, If da: pania! excavat1on QNs is chwen. "v resumialid additional UMMCLIHAUal brvings closer w tire office aid a rv,�ie',V of tile hinklinQ toundation d,Qn to enqvo rho ox,awalm uiH not rcmdi in dmimy h the o 11:L fi 5.2 Option 3 - Sheet Pile Wall ,X third ;Ttion Or stabiliAng dw ATo could he driving a n"t of Sheet Pile h , : I (: orti ° 11 "i t he pt nd side V t h a e N it ing rwt & a 1 c A , � F or de M ­-�, n il - o m o w a v a tfon of da: pal AW aw a i m ld be requnvd In) ond thm nq u Ad Ell cenTect grading issue for dr aril agv plup—es. The s1wet life aall opuron wwld w ivqwro wnu"A A to e\ikin : un'th I%arl Sjj%'O lhL \hoC1 pile SC06MO can In dcmuncd To rciah, tho parkinn area. assund, the exi0q: linifor well has ccillaplt, and is no %;U PrOwn a hunowny ofowt it it or dw wall. For the 4wo pile vpthml , %I 1'eCOunuclid lea\ine the c 1 0" "Na" as is 1 'nil N nicnawo r1w owrall whily it we h kve rho wn, pile analy>i �41",TTC Silk"! 1 b% 140 lwck by. !I IT' a 'I 1 T) I L' demmuno the wnwd 0n1hCdn1CH11 dydb and Mon vile wann! r2qutranuns. The quitilwim, a Kim the Ql in lion[ A AN call itrahied to dwou4ing 6n11!.rri,"d! PTA 01111PA and wqdd pnwdi nummil panwo prvswro awainst To nw ol dv �jll. in dotonkninn 11 M P 113PH I 1=10141. .1 H10vinaun dMakw I . HVII "a\ AIV? It TO YT -4 Alo non Aivot imle "all - 1 , lie Ij JC, [I'Llt ille deNILd del ICIAHOIl C TIOL Pe UCI11e L: h d it i ic I I m III hov In I k A I dt L d upp,.t r rortion t P ��fQc tl­ it MW AL d ic I 11 1 %1 from, the l" C [.. 4 Uh fi,T "he Ul`%i 01 OW 01 1 C 1 [uili,ll`,� k ke i 1u , _ ' bellilld i l%� 'A AIL frotit ol HIC I k+i I NI rt mi- thc pornor o Lh"u Pi to [11 ti %;Iou TeLlUiD., 111,A!"I MILL (lie Nin llh- Therefore, thc. an. l 11, =red I plioll I or t lie %'I ;t 11 It nt.11 �' I . ,I b [C I howd v"ho"t j "He ''eawlll 111UZ Pe W linlit . �UIIOLIW. A lhoxcd ,heet pilo e c 1% 1 11 l 'MA �112k 'fC t-lw�lf pllkt th ",t'll t to lll� 1 con of a �-ccuoll ot monlCtIL of llwrtl�l i't kilo ,%. s ectlon. For [lie at I!). Four N Iocatioll'£" it ; %'; N that I lull:, 'hov:d of P/ 2" sheu-I pile mma bk, n tf iktnK' ilic mIrt I 1 "10F Of the I'IdIL the utllcm the Ik al 1 . �t ho%C'd I V­ Ccti, III I I !.U% be W orl , an alicrmaim! hasl" N 'It dalona PZ- 1 1! d Ira i a'hiC%I' (he dcP1Lk liL1II­ A NLHIMDX'x Of IIIC dllld% 12� I`C,LIIIS IS DI_e:IC!IIed HI lahic L Since the hiniu! offfle ',%a mp devo�'![K Gild H't-3 not it and fully knovn, , %e reCommelld diiI ill,-' ShC,'I nik,' III CJC'Vill'011;� bOVIVOCII 13 '4 feet 1'40 feu'T ifilall lell--ill i belA eel I '.011d .1. Be!'Aet.'n and 4, v,(: • divling �'Ileei` Pile III het IIeen .'*62' and lest i' feet totl ICII.-O Like Option III,. �hee! m1c. '.Al k1plon Am hak polemial illipact, oli I It,: Offic" h(IiII]II and it- lonam, Nv dti, illL al's=, Ilkch' it) he nofi'�k''alllc '111��Idc the hllddin� �`irl� L: i E1:iiit to dcls *mtion C she It all'� I I% III U� PIK dri"in, ma\ need t.I nlS,U'I+Aed Lo 1 1 1 k'i Id it .I34 I I'l '2 a "! FlICE it '11 1111] POIZ.1 )ri,trucl ik xi I ct ld'j:1 11 It ll", I I11C ''=iiil sillin � III RICind'v JilN 1 : % 1 1 C i il d d U F i I ) \IIL_­C', p I 1C a for 1111jill fowld��wkni I'diallou For ifil op t , It li , 'A C ITI""A J LU Ith ll�\ktz' \ ltupl itWilt ;H l 011t' TNIC ,kill OLI�L41" il: L I,_'I 1 1 el"e, �j 'dlcclfft�" jiRt 5.3 Limited Remedial Options (.ikeil Lhe. hii'll costs of opt;oll, m1d 'I ; M 'Z � Li d OUIUaLcd- The Additionai olvloii-; were dcv 10 "'aNOTU hire Lx) in t�c C k it ol c I I M — U ar [i..' Th�: uiw hillitc" o['l ()[IN alm) lms�� t-� L: kO i L' lj - bCC C U �'C -U L , 1 CC p, C It I f l - OTI I Of I he h U i I d 1 11 2T iS r, Ot - CUI I! ;.3. 1 Option 4A - Grude Correction The firSt, UILCHIULiVC iS try I the rmrkiM-� 10t [11hilld th"' I'CL:t 01 %% tO COITeCt, -Jf%. LW l G MU displactCd clithkig, 'I [its olition %kould imok": 1 ": v V� ITI ool Or hC 1: t 'ill maLerial arid 11kicing appromnlatCly '- ffee-t cif l--AV,\ it) hi ar-Cj 1W Zr-: de� tile di%lill, %VoLdi tive0--Ill 'k -a-,T frkm The finia.] rCsult of this oplion Si otild bQ ;utTrL,:u-'d d aiu l k MH ll [�J:JC— 011 !jjC% �,NVLIIIIJ) LICPO�-iit WILM' TlIelC ', OUILI kJ L Fl ot 11 S 1 i Ll i 11 11 111 i i�0 1 0 1 : 1 : '111 111, j )LLI - kino ar 1 001l% nol 'Milno'. �JLW, 4 dddfi I 1clad km 0 1)011l011 k1i - C l TjC:j[ %%Ith LWA VOLdid ICSLIII, III - all iu1 2i 0' fi 0 C , r. ,A shl c the anii dcllk-yll [tic SLa[Cill.--li all"I ClvznP, I rc P I "N Like the option desci 01VC1 "n cmslill! LlnihQi C rernain in placC in its Current »k.lndiuon and %16u-Ukl refflaccalelli, bilk oftj.c ""all fjil;ll-- a 3 ld 'k. behind th il shdin(- lf I[ ll %N111 tO Occun 111C I.ailkllv extend Into Me% r-ai al 6.0 Permits IS DaSOU 0 IFIC The i­Alo%4iw-� I i w ia k 0 11 1 - a a it 1 M t`— [1 i S kl %C 'A'di IMI'V 1 i ( ' k ) I, T. , - -, kl. -- e . \ � !I "� " i \00 � � "'Liuii to buin it %WC.-It, (".'10neral if�:] I. 1 pro-I'UH1. F'or Lb" CV`aVaLikM zlihi ,#'a,l It IOIIII t�, I, -CFC HIMI, %WUld be excvedkid and it D"M 'Ak"fld I'L. A a&'O K! i`1�L11iiI'1'd Cot 01C Pi! v'+ k.Lpeildir#- parkin,�, area i�, re-gruded, 6.2 Ramsey Washington Metro Watershed District Tile site is locat•id %kii,liiri 111k: ,1 's k i r), 1 t €S LI IIC 1k: . r is I, I It: 4 it tip rr, l ie d d s 1 , I"i k• 1# t k5 u re I perim. !%:�%'111 i S S t led s I ur III at,' r Pk I"I I I'. 7.0 Opinion of Probable Cost Cost, tinllatk--, vk n €' 4[i '. I'01- eilCll Of th" ON110-1 NOU A I'; jl[COVIUL'ud I Table 2 - Opinion of Probable Costs .... . . ......... . ....................... . ....... . ...... .................. . ..... . . . . . .......... .... ... . .......... . .............. . ......... Opl�on ELiY!IJ'0."J LxCal-'ation %k iL11 NlUdUlar Block %Vull F II 'Q,55 "41 1 Excw�ation vvitli Modular Block Wall '['It": ("'a "''It I B .............. . . . . . . . . . . ........................ Puni. ElL�Jvdiionfl-WA Fill ®. -"A ... ....... . . . ..................... --- . . . ............. .............. Partial Excavati(MVEPS I"ill 1 X4 0 i h Shee Pill- Wall to Fect.) 3. k% . . . ............. --------- Stwo- Fli I e a ll I I Q0 F;4� �0 B .......... ..... .. G ra d, Cori%:ction wiffi I f0ult SU -CLII% 4A k- i 1.'P' ..... . .... . ... . ......... . OX MISK All of Lile oplions consid"r d Ct,T kkilli p fll' 11 Ett dIc bul'idim- ktr daik -11-te 'It are I h 4" a it s .,,1 c 0tt Lk' L I o il%� ku i 1 d 1 z -k Mock wall optikons, und Ow % ibratiorts pruduk:w'-'t fiot 1 d t 1 diost: options, 8.1 Risk Management ihc Ciu, can do to Its i F01 bi oc k - kvu 1 1 w. i I It ex L: it va, I o it 1pti k I it, 'a`k L! e L: 0 1 111 Ill L' 11 LI: Add It Wild I �-'COIC L I ', i h0ti It I H 0 1 -011ditiou'k Ind du'lerit'ank: III` I%•#JIUTL:d ,IOPLI flff kkil! In"T flic lounld"MkM Pk- ("on It icatin 4+'n I It I ltc� ( +,.1 1 .11! d I I L I PrO C`� :rn- ti'-n 110 \0 e;z N� �3 Fur 1l1�:. sheet.. pI lo 14 Ul€ opt io n, r4;co nl1incn „ t.x["^ U � cfi"t : *sEr ULL fzd dLAL ts r i ."i a r.: a S..EE u E...tt..��.. "'?E.. #1.E.1Sl at. #$ +1 E �::*. sti} c S3L:.E., #l..i:: 1. �NEl E€trikt.'ilt Is [[ISRIc' (11 ' € %lit C. oEil[TaEEnic.,#11[l :x'1111 EIIC bLli[�.la Rz 0' t L ,. (( .Erld tti.x E y' 1 S , Ct M11 ° . f [ ajll "c fur C. ,) 0# UQt[E. 0, o [is €lt #t ESE 1 3E1 E# +' C OS € +C i SiiE E [E -tz } i =E .0 Recommended Project Schedule T he C E1..rt has [1 ti.€1L; E..E E�." az i ?1•`+.; I=.: Elx:+'` 16'7 �'[t3�,.. ti.. +�#..[ ',l E��t s: 3 ^tr E[wiss" cl E ��,,. Coliglructiorl <eascm. T rl 11ii: , tElk 1 %dHov% at ' a proJect Tabl — Recommended Project Schedu C ouncil OrdCrN P & S ® ........ FinA A —N } _ 1..._ . ....... w .v v v vv ®__� .. ......... Adl e rt[s#' lb r' F E d", I)id � # i "E*..;i .......... ® ........... .._ . .______.._.. _...._. m .... m... .A SEH MEMORANDUM Steve, A site visit was made to inspect tile condition of the Markialm Lake retainina wall located to the west of Kennard Ave. Observations of the wall condition and recommendat ions are p beloe'_ Tire wall is overgrown with brush and trees. Trees of up to 10 inches it, dierrieter have been allowed to grow in tile terrace between the upper and lower xvalls, The slope behind the upper wail has recently been cleared offinish, A shovel was used to excavate behind the upper tier in order to investivare the backrill. Tire backrill appears to Consist of fine sand - with some silt. No 14mvel drainage layer was encountered directly behind the o The wall shows obvious signs of movement i I on the 110 feet ptar al iel Lc) t lie told cc buildi n-. The lower firribers of each tier have roiated, indicating the wall is moving towards the lake, Some of the rotation aPPro 11 ac as 1 0" (see mached photographs). Tile surface of the parkinjg lot has subsided several inches behind the wtill at the iuost obvious pi.mnz oflulaing. The su ins iderice of the pa to lut appears ., have create(', to loaew spot in the pili r'w lot eurbir g. wilLich a' IWvi %vater to rum over ,lie el! rb arid dov6 it the 'Iut)e 1 4 1 Short Elliott Hen droAson I rv�.. S! On'. MN frarkha€n Pond Retaining Fall field Observations 'vlaiv l l , dtt{l Flee behind the upper vv aii tier. "Pie ranoff ties resulted in the loss of back-fill behind the upper" tier. In addition, water lies created a wash out at the far o-c terii end of the wall near the exist, 12 catch bllsin. Water appears to overflow the aslalara[t Curb at the catch basing and run down tats slope along dhe face of the wall, rattler than Houk i e into the catch baasin. 'bill: portion of [lie tinabcr avail runilin g to the south by the east parking area is in better physical ColiditiOzc. I..inte rotation of tlae blase timbers was observed, Some insect datraa.re was occur-'ria, and rnoss ' u—s ftroo-ine on tine wail farce in areas rr.cei-�itag, €at) direct su dight. T'fac pari-ina lot behirad this portion oi o,aii Shows so€tae si4gns of distress f Karn slope €aaoveme€at. Cracks iia tiltlaaav°errieilt runra€ta4g parallel to the wall were observed aloea most of tris portion of the wait, rhe cracks indicate the slope is likely slowly moving towards tine lake. The parking area behind the wail has it rather steel) grade in tial•* direction of tlae take. However, it is unclear if this was a design feature, or a problem that leas developed over time due to rlaov£e€atent of tine slope tu%v-tards the lake., The riprata portion of the drat has lata uneven appearance. It is not clear if the: ri r ala vv las poorly placed creating the existing appearance, or of' the soil under the ripran is being undercut causing portions of the riprap to subside, The foundation snail conditions under tilt;. wall are unknown However, vertical settlement of the ;gall slid not appear to be art issue. l'laotofralas of tine wall are rattkaciar ai to [lee e a laranduna. Conclusions The wall dugs not appear to be in imminent danger ofcollapsing, hitt should be replaced as it is kiilrngg discussion with one of the buildine tenants indicates Haat the parking area showing the most severe distress has been #unadualiv sinking for nearly years (the tenant has been ire the building-since 1991). The overall condition of the wall near the north parking area is poor, showing the most visible facing distress. This area also ties two surface drainat,c rearoffissues which are likely acceleratinf the fiailure of the wall. The southern portion of the wall is likely rnovi€ak: as well ktiven tilt: cracks in the parking lot pavement, but shows less facing distress than the portion parallel to tine office building. Tile type and condition of the existing= backfill is unclear, however no drainage rock appears to have been used immediately behind tile facing. Common practice includes using a free draining rock behind the wall face to limit water pressure buildup and loss of fines from the backfill ecornmendations There appears tea tie no quick and hiex e civ e cornmion for the existing wall. Fixing that existing fraeiz e would require removal of the backfill over a large portion of the wall. and tine cut would extend into the existing parking area, There appears to be overall stability issues with the slope as evidenced by the lon,niudinat cracking of the parki g, !rat € Eavcira Elf_ We dei recommend preventing people front driving over the visible subsidence area alone the western portion of the wall arca. Elie condition of tile subgrade at this location is unknown, and if as void exists or develops a car could break through the pavellient. The existine drainage problems along [tae section of wall parallel to the tai"fir.♦ iauilditt#a need to be addressed as soon as possible. We ruco iamend that ternfaorary drainage improvements be Made by €tnid- Juin= of this year. '['tie astali alt t;urbint:," near the we„ tern catch basin i U-st be built ills to ensure water goes into the catch basin and aaot down Flee farce of the€oiac. %water tiaust meso be prevented front $Svti,olalaanva Markham Pimd Retaining Wall FiL�Id (")bservations NI a y I 1 0 0 5 Appendix Markirlarr, Pond Wall k ora "d u,x May 1 1 3, 2005 %—larkham Porid, Ket-aming, Wall Field ObservaLions Page 4 N-larkham Pond Retainina Via ll Fleld ObsLrvafiolls N-1 a N I I 2 005 Pa'-w 5 I I32004 Nt rkhan Pond Rcuaininz l0v'all Field Observation's Nbrkham Pond Rl-t.aininu fall Field May I I . 2005 page 8 N—larkharr Pond Retainim 'Wall Field C bservalion.s" Nlav I I. 200 Pile e 9 Nl lirkham Pondtit uniaL,, Watt Field Observations, kaec 10 I-NI,arkham Pond Retaining W'all Held Obsemations Pao,: I I Markham Porid Retainim Wall Field Qbscrvatiom May I I . 2(A)i Page 12 Appendix 0 < LJ k,M j . . ....... . M .� Himp. 1p . ..... ...... . N ChUCk Nhl. 1 DIrcctol o f PLO hc WorkK • City of-Mapiewood 190- COUMN ROUCI B 9 N Iap ood. N I Tnilem)l a (� Dear Mr. AM: I ar 1 % . IT n" P( I nd Re t it IT I T it g. 1 A I I SHI No� A-MAN I Ills i reporl prcsellus the findings ora re-lin'Pection ofthe Markham Pond retaining axall it Maplexood, Nfinnesola, 'I 'lie Inspection %ras authorized b%' M'. Chuck Ahl, 1)FI, Director of"Pubhe Work�' oll Decentivr 1 2006and cornpleted by Mr. Ronald Farmer. N' ol'SIAI on Deceril" 20 2006. Addit Iona! phoTo' of The �% all x % Oro takLm 1 )v %Ir. Farmvr on December 700()' mmolm H le wad I �x zl°- ::oTIP'U'UC[ed over ^'%% wil") arlul (01 Cla\ m)lk, A'z J re; al ha.z 111W, ed dm% im aid arld OLOWLIRL tkM L11 the pond� :*im:c il File MM L'I"C LI lil L11)[ICT'N TO hdl�c DcCll '40W, but ItCaLIV PONTOTIS Oft lie %i all hlak c is ko "dulled. blit, rcima in in Tact. Th- parki Tio lot Curl ha sculed ill spots a alatl it appcal_� 11"Ut. dUrIM-1 ti lliile illt FL1111fall, watcr has Cascadcd ovcr the Curti land dkmll The Mope at tho.se I ocationa , CaUsillU 4T'051011 Old L:XaCCr'halll1a the i1l 11 LIT 0 t' the Wa i 1, '1 "tile 110: Ulld the 1'�'e tile I'vall li At 11 To bec ome sa aied. overloadinu and buck hriti - lie wall ill places, "'aler Q"u, a I €1 flne sprim" o C 200 S F I I real rci�.Jucszcd it) net tion o! the 4kal' and nro% ldfe Tom' all inspec f fOr I'Crair and al , it l. of The wealk 'elliaMMU U:Iewl 111'e. 'A vl ill"nection !'0j)W1 tktIS COV 1 SFAI W N12%'. v1ltl Tllt` M111CCTHM I'Ll "OlUd iho cond"TOTN MV!lliont niore derrill, V� re�ult (it - tile report. 'mi ho' mlwere ill Scimembl. 2o0i and all e%aluanon of' iciiii ir and. (it iv options wa' Completed ha, SIA I Zit That I inne. so -crap - ., - _'!ll3CN Ulld dl_JdVallta"C��'. kk'L:IV C ' N'ah l a t e"L 11 r e ni l )zlir'; �lrc to I he - t he (" W options, %N 1 4a I ' ol d U I'la OJACU LO 01 _ VsU at U COSt Of S400.000, Opt 2A cz'st:rma l ly rcplacc' The L-TtI)CI %Vall %% ith -'t niodular block ( decorali�ci drv­lnta"' CCRIVI"t Idle 44 iiil and ruplaix, The �'lll belmid the %vadl 14 €th hullt ak Q.uht auureuate fear a dl,mnvc of about 20 fect bt:h­nd the Curb, I ill(: hall v u %N T I I redu (e lie kew on The s%vanlp dep)kzlt� and 'x()P C I a k ) 1 flil'l�. ?iLM�llcilnitv n, it rtf o I lh 1 ope 11 lid %\ 'i 11 r c Illy V ;L ie I L I e Photo I New pa�ement cracking at the repaired (2(.K)'!) pavement !-urfacc adiacent, lf-1 �,forlll Inallhole at �kc!-t Lnd cif wall. Photo 3 Photograph from December 2('Y)6. looking ea'4 Iflonur the e&e of thy: parking lot, I- Photo 2 Photograph froni kf;o, 200i. looking east along [fie edge of the parkInILY lot. j et Photo 4 Lom�ftudinal crack bAind curb along ewt-%%cst Porrion of " in ltrca '7 patched In 3{ }°. Photo 5 N e v % C rac k tx� h i rid cur a I o r o non h - sout h poll i n of w a 11, We Olctuld also note that t ile Of 110 , 1 ppIrC M I C\ V, U I I d I It I I" Lhle� MA I I lei L11 OIX t h e �N �d I I pxienlew - %ka� nou, in the. not movmO� A prQ,'i0LV,1% 11lCl16Q1leUL parking lot, adjacent tv the curb, md1c.aling lateral mov-ement ot; the �;Iopc land l,kall. Photo 6 Close-up of nel,% crak:k sho-ik ing fre.�h fnicture face. Photo 7 \ I - .1% - Phot o.L rl Ph L! I lo r Photu 8 Photogruph k from �ocnlher M C UkAh. \it. ChuA AM� 7 - )ad t r - ate i) ,k at e r m-er the CUr' ') %i,oul(I �dmc �idd h o ific dope tic! .kal I, im the i m Lcm ard I Ite pfxlj and potom t: i I I y i 11 i I ial 1 1) Q a C it( &,[ 1 fill i e 1"di I Ll IV, We 'appreciate tile opportunit% to (if ser�lce to tile City on this pro If you ha%e que, Oorlsk please Call Tne at 65 1 4902 1 SHORT FILA-10"F"I" HENDRICKSON Project N-IMIZA'MIT' SEH MF-MORAN13UM -, ROM: Brian A Fariner- P, E D A T - I 0 5 Markha Pond Retainin_c� "N"all FieiCl 0" sci­r�atUc, STI-IT site vis %vaz de to nsnect ti C cond'tion cd - ihe Mar. am Lake relairnh wall k to the wes - ­t `te 'j , W3'11 '01­n w an a­o - is a p, re —novided `b d m U­ a )n . - be. -v_ Existing C'o- n 'rnbertaclng u 1 ith i i I i e e x st ng w cons sts cuf a i - ,�, o urnber fitce- 'es`�-p w;fl e consists e, sej:tiorn; of i-uich su art mlbe, he iint)er sicr 'a the wal' h-a's an ex std fa-ce hegghl, of3 c e fteet ovei- Most of wa I L 'I exposed ce heiii t o lower tier - vauni�­S, , i'l-, Lfl� ni2hest exr-,osed fa K D eT an' "ower xk all f'ar-es, bi—Y ar ro m r-notell 4 5 fbeet, A 3 w 3.5 fbc, ho-i"zornal 'err- ce se ara t es the u p p The slooe behind t' e 4 a aDnear_q to ranz e be . -en 2H. V an 3-11C i V D X 1_,.,a. lnspe'- I i adc i-� A M as s-ec-p a -� -u tn a 1 0 6 .. .r bu e grade ' el -o, ne ru tl C isi b he upper -'er top- oflhe -_Fde en"her a drivewav or -aved na-' inE� area nans aim flne entire wali e,., -h- --Stil ate cital hei between th- b-ase 0 the w ond t" parking lot surface is 1 4 �eef -is ar Pr -) flhe catc bas'n a flne vves' comer o f �hi ­n� T� - - f ie 0 t ave �nrox �,�na*ev i 0 fee� I "he 11 1 U11 21, I e- tums Sou 1-sta co 8 kdk� uIss east -rara`el to thee office buill_dinll:�F at the T" e, wa" th 4 pea- have been 1- 3 - uned with a I a er of wge "nump wh 'I'S Statbihizzed wiith win:_7 I -specuon. he nprap ar az -mesh. The shope or the rip, a Utel Skcep I rl exCess Of H-111V bv visua' n- luca- r�? - ea-s --s a S n ce vualil fo - d 1 1 io" I _xl en!T th u Inr C_W efs a d sw b6 e� e= erwall GISta 0 47' 3 ­0 fe e A e r UHW-I in p.., however the si ze amd, Uion C-d s t h U LU, I C� I - as no' eternin'e.4 as One Me m nor- n wa -1 d L-C-0,31 C! w waix on T e D 0 1 0 h tncues in dianleler- V"e a- i- -, v - ovc-m� w � brush i� id rees. as u� t < - as? - c - "v ­eri To w in inc ciTa c t.c- bb.. , ,';e C­ th � - - and 1 11w,1 er wall The dn­ behlinal t' c urp, , ­o', 1 1 In -C ell D ­1 � i�o C - - I r c I'd A -,Jpp�- - I I ­.ji� - A SIIIM7_ � i W exc 1_ - -_-S -u ..,­�at �- bchl­�­, 11 - 1 - Ell I er tie,- -.r: oar er m �nvestwate me backH LM C, K _C , ly b eh 11 anveilrs Ua cconsis.! cit' fine sanid w - h some s" li, No g d-a"n- Lalve- was enco - S 00% u. - 1­ 0 MOVi��111-1-m 'MUM-, , U 1 Fh 1 f!C VVU? �o �-i 1 paaflel w o-F ce buil lovmg 'o i K_ d, _ndicat . M - 'a" c ,imb,� _Q o n a �-e o7af 1 1 ward:� the rot otat ion t a­_Pro_ he�� I Cj ai'ac-1---etJ rmoto�z T 1 he sui-falcc of ule narkiriz lot has iuInsided 5.,�vzc � n c' --es belhiix` -.0Va s . 3 -;'nc most, obvious voin o t b ul 1" e stibsidence of - ,the par ini� lot appearz - o rb ann, c-,ea �w-ot M t' g y wh­11 -_ y' w _,n tf Me DRV- un, c�v C-1 " hc- cu a d xn Sh Effloit, Hend-',_ksin 'n-­ 3 Va�U­a,;3 D­Ve, St, Pad, IMN -, ,`-�5 9, SEM is 2� e­'p www,seh com. Vv� - ICHU v0V Marldlwn� 'Pon": 'Retai-iiiin. Ma v 1 1! � 2 0 0 � Faae h less _. ' ac' f ' e' "he unper ue r, hc upper U_ Le 'I IMS - �CSU§Teu 1 1) K D 11 bmmd fl, wm T' r u acid' 'o-n-, wau,­ haS ,, eat- a ou. m is `­2 catch L11--si. n. u , u ie la, -meszem end ol - 11 , i w al 1 an r e ne - he f�lce oi` A at ci appeal to o , e uzeas�uhm, c a t T L o ri io - o d imb e , t ft n #a ?_ S e C "-, Pe in T arela is an .on, �, _iltf rl:aai se-f t base u - ed� Some in-seic, dfamaa oCc e vvas u , ,t_Y, wid b ,as U Was OnuSzer_� g _owimcr cn Me f? -as recer g m e parkiniz, _ot u-,_ shoovs some Sd2n.s ot distrlss -zlooe mo Cracks - n flne pavement -in 1 Ti pan H, to th-, :aH wa � T Cracks uirmfu a U slope s l like'iy s' ob�served along muc­ o- this U11 t ­ic, fowarc the 1 The parl ing are wall has a lralther steep de me dire- ol ibe UC unClear is was a desig feauurt. or a Prob em fln!at fias -developed 1 1me !o oO -, 111C siho�-je smvards the l aklu, e m,e "he n an My e, R 1 _ 7- ol s.LvvC fiaS an une've ai­ s no� clear pn vv a - o- %--eatima The existina appeomice, or oft-, I-U,j W- cmisMg nprap io snubside, € 1he lxafl are un i mown. I.Gwe_V­I VeMca� set. r; €M Wu m ampear to be an - Issue. PholwD of the wal a�e cattachedd w uie men wmr16 Tr- j j _oncfi. The wall ,;. ne no appell to b� Unrrunt dan-gler tow shot -be_ rep as J -, a ing e mms e v a wi C) c l Me building tenams A— - UIDU �- _ ; i1rkinue area s" w' f A - yea "d an - a - -, R d.stress has been g_ra si LLariv lair mumov - s (the ant h, s been In me buul oven p mf a -11 -�_ J,,- lie n v's facilvcy chstreSs, artcri2 l i area is pour. a hox np t oll issueS an, .,..-Iv W-el-aaLing Oue la _oe AVMIL Tins area also has two SU IF"-- A__I__ Un. i C A-, T he scoutfwem p0nifon wafli Is ] movinl- a vvell in - he par' lot paven lbu7 H M u ung, pe cond rion cd dh m ess L-ic` �z _ sires man the ­D para to 1 he office Ib I he --e n, - 1.0-vve - ver no dramage - OCk �IiIlDea _at beer s ed V IDef - L nd S rs to t c -nni-cm vr, "lucles using a 1 - 1 , e e d r2l i In g r . K L) o it', HMIt !"VWer PreSQIWe an id aE of . -was M0111 M .- ua_ TIC be no ouic' ,'n fle exis-11 U _Ie Wears to k and ir C.xt_. correcc� �or 4 he exisui�� I- 1, b a c - fil I ival I and t' e Ul_-- P U� t!U­ ilz 0 VD!fl u, qu V �- r a I- r g e T- ,4 T H lope m e cd e e,xistmg park area, I h appear to be o­�era­ ma --h tile s' .omziludinal croc],' �ht va, k x � e a e in 2 the i t. Wc nce aren �e ie dc I n e from rry - n, eo�u- a mE over s-We subs-f e ­--e � s - 1 t S - ir U area, b; 4radc� a', fli lnc�mloyl is a ir P- rmcm, c 3 4 "Ie wal, r ..... wMmuwn, aA IU c s c s a ar e ou n c fc !I, t 11h. e p a v - el drama T he eA l va rm t h - v i _ l c b u g n e - b p a ang On 0- MIG­ , .;ddresied as s e W­ m a inivlv emenas be ma-,A_ hak v-, mis Vea.. The asul near the vvCstem catch ba.Sin - mius. .1 _0113 -M o Ve_lcpi�m- catc._ basm al i dr. ithe ha ofihie slope, water -. als__ i_%� 0-ICIVCM 0 , n 2 Ma-ldh am Pond-' Ret a -, tim , W a I It F I ei-131 Otyscr- Mav 1 - 1, Z'_ I05 I P a ae I M rn�- Oe Do�z'z 10 e SiF curb n fln," subsid ence a are and rutun - H , i down 0 -c z,: i bcl nd t he uqner �,Va H t ier- 4 1, cd t e d� --ec" "-UrtacevvaO--z R) * . H- a, t'H re", -Ci a srruc'ture S i a b c lcr 1 a I o h "fe nn- MIMC-11"! ul L M -a. e� b v Aj�---+ - Mf-' n fl Ul- A amouna ol wor ic e ann Me _'n,'evess1tv 0 M;' r —placen are A -n co v, a -k Cou'd be dleQianed fb� '01- lit, However, rd 'I rewmed -einlf' r SUrh a de6 " MU Uf--ai 2' -ent " , �e varkin. oss uil a lea scume narinnc ex - v"ll't- tj o'l area, am! une �emn7c� !l CORUG Ene lul"C-Cul � I - 'U 1 , e o - the remalning park-ing access I , - , , � I -1� -, pace find nanrowmo 2 A sl to pile -, ,va - ssu� d be an I b sl - 2%-- quire as ex e al.2 excavcnion, Howeo�ll U. C; vu�lljtlofi from such an n ooul h 'o�a ed n c- bil 2. fic- te M build`ng s re and lena n Ts, a-z at lea se some ul mcdhal sev, �-s are I A '.€ r ,,-, W Wa ll I S - - --1 A -T-n-Al �f- 'Ok- -'-J! An-4411�a i - s - n M-Un-1 Ly'- Uc-'J '-J S'Sa'- I nrar 'in� lot couid: be cot-te-eal, s. e- c -c j s T o P"'H elln 2eoTecnn.c-au exp�oranon �Lirozrarn zo cletermun e n.- S u 0 S u a C C c o n Ga SO ri S al C-1 V Me SU112IMNL V�5!uu- iepai-S'Impr -, v - =- ait=at-ves jn.cluraies a suivcv ol �he ex;st I baa -achnw Wall Phot AW -d Azu're. Pf'Ope. s, R C V\ - D, k A -v� r, Ch-CKL ClIFY OF MAPILE E a -- om L ru Road Q "D RIP IVIAURkl1w Pond Re"llikli;I-i! VVIIII ks� A Deal Mn ne o Ba-��ed o Mlt -'scusson, Ile -- ma - Ve�t-'I'Llm", zle afs�f ndlln I the G� H herve t. relam"ng a� Littf gU i U , I I c ian -P - out parkir- Im" sedl by t a t s um o mv e kmd unde�r the B e e. arn (D' -rk a- if Q U n r cw econs 'n e cm IF app�-Pr�al -'s to � e ir-a i V�­ 7 kn� t 3 IR2 M- --c �A- -U M- A e x V -, e O' tC aU i URf .41 n ee ii i g asessmen": certain of p.atchino at the par 1 Ctatch a S - 1 flo 'heip vvist rair-�Vatpr majlagemw� il fl LI IIE --o be staii ?-er 1- U L ,C r4i �f t- 1 -1, v repair- restixan— -epla"cze-ment of In - re— - mg wa C- U 7- U! e 10 -5 C iP n Ors --- a, 1- next and '5 1 e current con or fir-e vca", in i e Ysk H M O f C a a e a th ple -n to Cl inac m the ffore V V AZURE P ROPE - 11 " . " ES, ! N z. A Z E PROP S. /NCI. 7Q DT U� IMP L A VC MiS i € I _ % I N re , - - ', xz w l OF F IN l 1 -`.`9} „ 7 y, S „.E._ Fua an sot sota Str-e' r Ma ” I Cl `� G; mi t _ .. _. rv a u e - €- a r. s a a€ ne .r _ r :F ' 1 erg `t $ S t _ . €~ M o C.r._ -.. t A V , cu i s _� f ,. f l a - - r r` ,° .. sv � n: Wit_ x _a��, _�a ,� nti C - - 9 19 Soun � Ovvazso o. .B.d n n I v, R A. A T E y 0 ' DIZ C I EN —1' LIFE DER - ,� - ESOTA 55 [0 BA_��,NIGAN, fR_ P knvuCK j- KELL' KEU jU STENS' _A2�: K 711 2-E N ML L KS I 'P Mhin-' .-,- D-aubne Attom ;!w E 11 U� Cit- of ' - -Djewood v- Schreiei Co mmt F i I e N o r c Lr J a k 1 6 3 1 13 - 9 0 s 9 Tuitcmc AMdrtm Me t p -P ass _nnd' oz p v 0 v'O u �in add ess­ v Ur 0 ma s a t -mm, d S ta n (I Ha' v at n - ig thl� si l de %-vals o lae 07 L11 Sl conC11=11S W'- respect �o Tht� nzisp n 2 b , s no rq rr vi vf- 2 1 r s n- j, 1 c -_ r�_' n -ELL P� 4 � 3, A S KYA� �J- ,nck KcHN C: Ken Ha' L t- y p- "r a' C l Vi f D $gin zv__ Yl ��� * _ , . ?'-e' 2i �_ Fz<, . «b r ar n _ qt _�_ r �=,w trom - t o < . v � -- e' t v S �° zr i u'i. .c -....z E _ k v _ -.� ,.. _ �b ° 1 aL s -° z _ _ - R 4.<. - zz _... r Vi f D $gin zv__ Yl ��� * _ , . ?'-e' 2i �_ Fz<, . «b r ar n _ qt _�_ r �=,w trom - t o < . v � -- e' t v S �° zr i u'i. .c -....z E _ k v _ -.� ,.. _ �b ° 1 aL s -° z _ _ - R 4.<. - zz _... APL, S 'Vi E W F 0 1 0 - M l ional ay, S epf - =' er 2- 0 B Ag C m C� LTO 0 of-T M- -sota was held - In the Coomcm e - ouncl I -;C 7-C U onli - ai Al P,M. by Nlxvor 0. nal, a -u- ! ,vazz caule PLEDGE OF A_LT v IAN, E ROLL CAIAL Robe—n. Carchnal-, Al'emsiDach, K'127 h'- en V Co-- mem esent % vas- lLk, Col m= CONS� AGENDA tc, aomrove MeConse Aotancla a.-� pre--1 1 Kopr - nl u . en n-i-i- DOr mam-nar an -- - act ,urrep� Y r k. . P a ill, IN 55 L I7 e s .€ OC � L I Y E� — � wt_c=_ �' z s d� - U v a_ -__� 3 d° �. s m r r� a k ° - y ,7 v l __ _ � t� _� -�. a AZ URE - I ( Cal" a- r e A z ure- 0 r 11 U1 es D�n PDX 16 5 C) B Avemue D e mr 'N a , I mghe rr na a s a _asLx­ - �n regarc fery m- U V U_ - 1-LL We are w to - . ,,, 'Ou tO c0_­!m aS 0 t a an" I, a - n tile S!, f ic h has ;I ct on U 3 1r' as flne w-u--s' c­ G!_, are, h d _ wmc J _-1-1 _11t auce -,Ila' �L!! e nu �ILn_ S croes jacm n di a rn a u w I mu d -'ft� par"k-g 1 01 WaS .-n c - , E 10 n - _o!r m v +"' S v" 1,v 'IC a Lt , c, in v dr, np rap o a n, gy 't a stabdized slope y 1 ax an- -i—ma p is, , ;vas e, c xarlcma;;� lot i i � �u­u­u �,,vest cdze 0 d-at cr �_ -'e"a a per - on e slope ov�­ the li S 4- 'S OUTOT_Lmon thid'. son- C , jS discc- Az� c Pl ope�! - C-S om Alsa -D g some 011'" tr s D _Z ---a, 0- �C L f _Ai e We 1have a so v Ix be - insta"-d. c a gr N L H -0 1 parkin- C7 On Lu ViLC, most -2 — Wu Io A; - ,,�me cpt =d s M-S 11 IJ L"'a � I, W2, - u - n S ap to --catric- a sto= u pe-- trlucrzfoial in ILI water ovemlow ".K.111t. whl Mal v cm, water apruears `Io 'be U­L� �he intem-ft, d - v au b - heavv a-i sea is b ova e r 1 cation uea: jje catd ibasin ,_rf g aa anoth-. le. i� mu _ and a---­ing dhe , y " sU 11'e- sm . I p as tz te F P UE-H I c - A � WORKS 0 F� M A %V C 0 - A t D on, MN _ sum '' €€ ,v t� x. I- k �s vb a�b € 1 _ � € '=mss _ i 'rte - -. 4 €. °��.' a,.a a,3 �. a�€ �. }'�} i a-€ a = m=s- #. vs.: r tr <.v.x.m sda ss �' .�€.£� .>s.�.€ €- c.�1 - .., :a a.,....k€ ab.`k.�;a _ o e p eno ` b ,.�- a- `-�; d te a _ - ° € €> SOU .u€zx . =€.. ._ sly�� ����_ea€.€ � �� �`�_�.�:� _ � i6=�, ..�w. I _ - -- fir{ ' : M I. • -- r n nents. ,-� Y 0 y �'� � �e .s t A s: �.. -E PR 0 P - ZILI i 0 'x I U I J C F'VLkPLEWSOD 0' E'ast ColdMv Road B rN 5 1 - ----.�o an; __ RE 1 6 '37 0 Be a mnr , I ve tz U e a, s sr,orsc o u r MM V �A on G ur a d -a , W's hal me IV Ul s n ca th� U n M u nc� �s '_ manntr. 4v ma --nd vv ,, r r_f0poSc ! t hl He L V Du I J 1 p p r o p at c e s" 2 ro a ba7np_r, v S - 1 4, A p ':t W'Ouil WIG a - pJa - or 10 ­an ou_ s )n Cc— tZiU -- - WERTHES, iNAC. Bv, M-7 am MERMNINWOMERM am 4m Survey of Residential Annual Storm Water Utility Charges for Various Cities in the Metropolitan Area 2001 Rates 2003 Rates 2004 Rates 2005 Rates 2006 Rates 2007 Rates city Single - Family Residential per lot Single - Family Residential per lot Single- Family Residential per lot Single - Family Residential per lot Single - Family Residential per lot Single- Family Residential per lot Aikin $ $ - $ - $ - $ - $ Alexandria S 30.00 $ 30.00 $ 30.00 $ 30.00 Andover $ 21.76 $ 21.76 $ 24.76 $ 24.76 Apple Valley $ 36.00 $ 47.76 $ 47.76 $ 47.76 S 47.76 $ 47.76 Blaine Bloomington S 40.00 $ 43.74 $ 45.84 $ 48.13 $ 50.88 $ 50.88 Breezy Point S - $ - $ $ - S $ - Brooklyn Center S 47.40 $ 47.40 $ 47.40 $ 47.40 Brooklyn Park $ - $ 22.00 $ 22.00 $ 22.00 $ - $ 24.00 Burnsville S 57.60 $ 62.60 $ 68.00 $ 68.00 Centerville $ 8.00 $ 8.00 $ 20.00 $ 20.00 S 20.00 $ 20.00 Chanhassen $ $ 20.00 $ 20.00 $ 20.00 $ 30.00 $ 30.00 Champlin S $ - $ $ $ - $ - Chaska $ $ $ - $ $ $ - Circle Pines $ 36.00 S 36.00 $ 36.00 Coon Rapids S $ 26.00 $ 26.00 $ 28.60 $ 31.40 $ 3140 Cottage Grove $ 20.00 $ 20.00 $ 21.00 $ 42.00 Crystal $ 23.40 $ 24.12 $ 2652 $ 29.16 S 32.08 $ 36.00 Dee haven $ - $ 12.00 $ 12.00 $ 24.00 $ 60.00 $ 60.00 Delano $ 48.00 $ 48.00 Detroit Lakes S 18.84 $ 22.56 $ 22.56 $ 24.12 $ 24.12 $ 24.12 Duluth S 45.00 1 $ 45.00 $ 45.00 $ 45.00 S 47.40 $ 51.44 Eagan $ 20.00 $ 27.08 $ 27.96 $ 29.36 Eden Praire $ 12.00 $ 12.00 $ 12.00 $ 12.00 Edina $ 20.00 $ 25.44 $ 25.44 $ 26.97 Elk River Fairbault $ 20.00 $ 24.00 $ 28.00 $ 36.00 $ 38.00 Farmington S 23.00 $ 31.00 $ 31.00 $ 34.00 S 34.00 $ 34.00 Forest Lake S $ - $ $ S $ - Fridley $ 13.20 Golden Valley 70.00 $ 72.00 $ 75.96 $ 87.20 Hastings Hopkins $ 48.00 $ 48.00 $ 48.00 $ 48.00 $ 54.00 Inver Grove Heights Lakeville $ 15.00 $ 19.00 $ 19.00 $ 19.00 S 19.00 $ 19.00 iviadison Lake $ 60.00 $ 60.00 $ 63.00 S 66.00 $ 72.00 Mahtomedi S 32.00 $ 35.28 $ 37.04 $ 37.04 $ 39.87 $ 42.08 Maple Grove Mapleton $ 24.00 $ 3000 Maplewood $ 21.00 $ 21.00 $ 41.16 $ 41.16 $ 49.40 Minneapolis $ 99.24 $ 110.04 $ 117.24 Minnetonka S 30.00 $ 30.00 $ 42.00 $ 42.00 $ 47.40 $ 48.60 Minnetrista $ $ $ 36.00 $ 36.00 $ 36.00 $ 36.00 Monticello S $ $ $ - $ - $ - New Brighton $ 58.60 New Hope $ 45.00 $ 48.60 $ 66.84 $ 68.88 S 70.92 $ 73.32 Oakdale $ - $ - $ 20.00 $ 20.00 $ 20.00 $ 20.00 Pelican Rapids $ - $ - $ $ $ $ - PI mouth $ 39.00 $ 39.00 $ 39.00 $ 44.52 $ 47.93 $ 48.24 Prior Lake $ 72.00 Ramsey $ 31.16 Richfield $ 30.20 $ 36.24 $ 37.32 $ 38.44 $ 38.44 $ 38.44 Rochester $ $ $ 36.00 $ 36.00 Rosemount $ 19.60 $ 34.60 $ 34.60 $ 34.60 Roseville S 17.52 $ 18.40 $ 19.00 $ 19.76 Sartell S $ $ 15.00 $ 15.60 $ 18.00 $ 24.00 Savage S 52.00 $ 57.00 $ 62.76 $ 62.76 $ 67.92 $ 70.56 Shakopee S - $ - $ 24.06 $ 24.06 $ 25.55 $ 26.31 Shoreview S $ 37.92 $ 37.92 $ 38.88 South St. Paul $ 30.00 St. Cloud St. Louis Park $ $ 24.00 $ 28.80 $ 28.80 $ 38.00 $ 46.00 St. Paul $ 52.00 $ 52.00 $ 54.60 $ 55.42 $ 56.67 $ 57.24 Wayzata $ 9.68 $ 33.72 $ 34.56 $ 36.29 White Bear Lake Winthor $ - $ - $ 60 00 $ 60.00 Woodbury $ 36.00 $ 40.00 $ 61.00 $ 61.00 $ 66.00 37.2 $ 40.00 $ 123.12 Agenda Item L3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: Sterling Street- Carver Avenue to Bailey Road- Resolution Approving Municipal State Aid Designation. DATE: April 13, 2007 INTRODUCTION We have requested and received permission from the Minnesota Department of Transportation to add Sterling Street from Carver Avenue to Bailey Road to our Municipal State Aid Street system pending city council approval. BACKGROUND This segment of Sterling Street was a county road that was turned back to the city by Ramsey County in 1999 as part of a turnback program. We attempted to add this 0.91 mile segment to our Municipal State Aid Street system at that time, but we were denied since the southern most 0.15 mile portion is in the City of Newport and terminates at Bailey Road which is also in Newport. However, due to recent rule changes that staff worked with the Minnesota Department of Transportation to implement as part of the 2006 legislative session, cities are now able to designate mileage outside of their city limits in order to create a logical termini and connection with Municipal State Aid Street systems. Sterling Street is the first such designation within the state of Minnesota to use this ruling along with the turnback designation allowing the mileage to be above the 20% maximum designation limit. The Municipal State Aid Street program was established to distribute gas tax monies to cities based upon the improvement needs of their state aid system. The city is allowed to designate up to 20 percent of the city's street mileage as eligible to receive has tax funding. Maplewood has mileage available for designation and the addition of the requested roadway will increase the funding available and allow us to use state aid funding for the upgrading of this road and the replacement of a 1929 vintage wooden truss bridge. RECOMMENDATION It is recommended that the city council approve the attached resolution requesting the approval and designation of Sterling Street from Carver Avenue to Bailey Road as part of Maplewood's Municipal State Aid Street system by the Commissioner of Transportation of the State of Minnesota. Attachments: 1. Resolution Establishing Municipal State Aid Highways 2. Location Map RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAY WHEREAS, the City Council of the City of Maplewood desires that the street hereinafter described meets all necessary criteria and thus should be designated as a Municipal State Aid street under the provision of Minnesota law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood that the road described as follows, to -wit: Sterling Street, Carver Avenue to Bailey Road (0.91 mile of County Road Turnback of which 0.75 mile can be included in the city's needs and 0.16 mile outside of the city limits that cannot be included in the city's needs). be, and hereby is established, located, and designated a Municipal State Aid street of said city, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the city clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for her consideration, and that upon her approval of the designation of said road or portion thereof, the same be constructed, improved, and maintained as a Municipal State Aid street of the City of Maplewood to be numbered and known as a Municipal State Aid Street 150. O 4-0 , 58 qj, O 4-0 , 58 Agenda Item L4 MEMORANDUM TO: Greg Copeland, City Manager FROM: Ken Roberts, Planner SUBJECT: Land Use Plan and Zoning Map Changes APPLICANT: Dr. Peterson LOCATION: 1670 Beam Avenue DATE: April 4, 2007 INTRODUCTION Project Description The prospective new owners of the former Ramsey County Library at 1670 Beam Avenue are proposing to convert the building into a dental clinic and office space. Dr. Vacharee Peterson, representing the new owners, is proposing changes to the city land use plan and zoning maps to allow for the reuse of the property as a clinic and office building. (Please see the applicant's statement on pages eight and nine and the maps on pages 10 -13.) Requests To proceed with this project, Dr. Peterson is requesting that the city approve the following: 1. A comprehensive plan amendment from L (library) and OS (open space) to BC -M (business commercial modified) for the two properties located at 1670 Beam Avenue. (See the land use plan map on page 12.) 2. A rezoning from F (farm) to BC -M for the south one -half of the property at 1670 Beam Avenue. (See the property line /zoning map on page 13.) In addition, city staff is proposing that the city end the conditional use permit (CUP) that is in place on the site. This CUP was for the use of the property as a library. BACKGROUND On July 22, 1991, the city council approved a conditional use permit (CUP) for Ramsey County to establish a library on the site. Sometime after the completion of the library the city changed the land use designation for the north one -half of the site from LBC (limited business commercial) to L (library). DISCUSSION Land Use and Zoning The county constructed the library building in 1991 and 1992 and Ramsey County used the building as a library and for office space for the Ramsey County Health Department until 2006. Ramsey County recently completed the construction of a new library at 3025 Southlawn Drive and the county determined that this building was surplus for their needs. As such, the county has been trying to sell the existing building and property to a private party. As I noted in the introduction, the site now has a mix of land use and zoning designations including L and OS and BC -M and F. It is the request of the applicant and the intention of city staff to change all these designations to BC -M for the entire site. Comprehensive Land Use Plan Change The library site is actually two separate properties (for tax and identification purposes). Unfortunately, the existing building sits over the existing property line and each parcel now has a different land use designation and a different zoning. While it is true that this proposal would change the land use designation for the northerly 88 feet of the southerly parcel from OS to BC -M, in reality the southern parcel of this site has always been part of the library site and the city probably should have changed the land use designation for that parcel to L (library) in 1992 after the county built the library. (See the land use plan map on page 12 and the library site plan on page 14.) This current request, along with the proposed zoning map change, will clean up the maps and will reflect the actual use of all the property. The city does not have any specific criteria for comprehensive land use plan changes, but any such change should be consistent with the goals and policies in the comprehensive plan. In this case, there are six land use goals and seven development policies in the plan that the city should consider when reviewing this request. The applicable land use goals include: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs, and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding, or overuse of land, especially when supportive services and facilities such as utilities, drainage systems, or streets are not available. The applicable development policies (to implement the plan goals) include: 1. The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks, and open space. 2. Safe and adequate access will be provided for all properties. 3. Transitions between distinctly differing types of land uses should not create a negative economic, social, or physical impact on adjoining developments. 4. Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man -made or natural barriers. 5. The city coordinates land use changes with the character of each neighborhood 6. Group compatible businesses in suitable areas. 7. Avoid disruption of adjacent or nearby residential areas. The proposal to change the comprehensive land use plan to BC -M for this site meets all of these goals and development policies. Zoning Map Change In order for the prospective owners to use the property as a dental clinic and an office building, the city must set the land use plan and zoning of the site to BC -M. The city intends the BC -M zoning district to provide for the orderly transition between more intensive commercial uses and low or medium density residential property. The Maplewood Zoning Code considers offices and clinics as permitted uses in the BC -M zoning district. The site now has two zonings — BC -M on the northerly lot and F (farm residence) on the southern lot. (See the property line /zoning map on page 13.) Since the applicant wants to use the entire site for their clinic and business, the city should change the zoning of the southerly lot to BC -M to make it consistent with the proposed use of the property. The city has zoned a majority of the properties along the south side of Beam Avenue, between White Bear and Hazelwood, as BC -M (business commercial — modified). The use of this site for a dental clinic and office uses is consistent with the existing land uses and character of the area, including the Beam Avenue corridor. The proposed changes, if approved by the city council, would make the land use and zoning designations for the entire site consistent with each other and with the proposed uses of the property. The proposed zoning map change meets the spirit, purpose, and intent of the zoning code by allowing a new medical related and office use of a property that has several similar uses around it. Conditional Use Permit Termination The city approved a CUP for a library on the site in 1991. Section 44 -1141 of the city code states that the city may end or terminate a CUP if the use is no longer in effect. Since Ramsey County has moved the library and they are no longer using the property in question for such a use, the city should end the CUP for a library that is in place for the property. Design Approval The applicants have not yet applied to the city for design approval of their project plans. They did provide staff with proposed or expected parking information in their statement. According to the city's parking code, the proposed use of the building for dental and office space is required to have 172 parking stalls. There are now 186 parking spaces on the site. Staff will do a more complete review of the parking needs and the availability of parking when the applicant applies for design approval for the remodeling of the building. Upon inspection of the site, staff found there are a few trees shown on the library site plan (page 14) that are now missing from around the parking lot and from the islands in the parking lot. A condition of design review should include the replacement of all dead, missing or unhealthy existing plants or trees on the site. Other Comments David Fisher, the Maplewood Building Official, reviewed this request and provided staff with a few comments. I have included his memo with his comments on page 15. COMMISSION ACTION On April 3, 2007, the planning commission recommended approval of the land use plan change, the zoning map change and the conditional use permit termination. RECOMMENDATIONS A. Adopt the comprehensive land use plan amendment resolution starting on page 16 (Attachment 8). This resolution changes the comprehensive land use plan from L (library) and OS (open space) to BC -M (business commercial - modified) for the reuse of the former library building at 1670 Beam Avenue into a dental clinic and an office building. The southern edge of the new BC -M land use designation would be an extension of the existing property line and BC -M boundary to the east (the northern 88 feet of the southern parcel of the site). The city is making this change because it will: Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding, or overuse of land especially when supportive services and facilities, such as utilities, drainage systems, or streets are not available. 7. Help to implement the goals of the comprehensive plan including: 1) The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks, and open space. 2) Safe and adequate access will be provided for all properties. 3) Transitions between distinctly differing types of land uses should not create a negative economic, social, or physical impact on adjoining developments. 4) Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man -made or natural barriers. 5) The city coordinates land use changes with the character of each neighborhood. 6) Group compatible businesses in suitable areas. 7) Avoid disruption of adjacent or nearby residential areas. B. Adopt the rezoning resolution on page 18 (Attachment 9). This resolution changes the zoning map from F (farm residence) to BC -M (business commercial - modified) for the south one -half of the former Ramsey County library site at 1670 Beam Avenue. The city is making this change because: 1. The change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The applicant is proposing to use the property in question for a dental clinic and an office building and not for farming or residential purposes. C. Adopt the conditional use permit termination resolution on page 19 (Attachment 10). This resolution ends the conditional use permit for Ramsey County to have a public library on the property at 1670 Beam Avenue. The city is approving this termination based on the findings and procedures required by the city code and because the use of the property as a library is no longer in effect. CITIZEN COMMENTS City staff surveyed the owners of the ten properties within 500 feet of this site. We did not receive any comments or responses to our survey. REFERENCE INFORMATION SITE DESCRIPTION Site Size: 5.5 acres Existing Land Use: Former library building and associated parking lot SURROUNDING LAND USES North: Birch Run Shopping Center across Beam Avenue East: Undeveloped commercial property and US Bank South: Hazelwood Park West: Beam Avenue Professional Building across the Kennard Street driveway PLANNING Existing Land Use Plan: L (library) and OS (open space) Proposed Land Use: Business Commercial - Modified (BC -M) Existing Zoning: BC -M (Business Commercial - Modified) and F (farm residence) Proposed Zoning: BC -M (Business Commercial — Modified) CRITERIA FOR APPROVAL Land Use Plan Amendment: There are no specific criteria for land use plan changes. Any change, however, should be consistent with the goals and policies in the Comprehensive Plan. 2. Rezoning: Section 44 -1165 of the Zoning Code requires that the city council make the following findings to rezone property: a. The proposed change is consistent with the spirit, purpose and intent of the Zoning Code. b. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. C. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. d. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 3. Conditional Use Permit: Section 44 -1101 states that the city may suspend or terminate a permit if the use is no longer in effect. Application Date The city received the complete applications and plans for this proposal on March 2, 2007. State law requires that the city take action within 60 days of receiving complete applications for a land use proposal. As such, the city is required to take action on this proposal by April 30, 2007. P: \Sec 3/1670 Beam Avenue — Peterson dental Attachments: 1. Applicant's Statement 2. Location Map 3. Address Map 4. Land Use Map 5. Property Line /Zoning Map 6. Site Plan 7. March 26, 2007 memo from David Fisher 8. Comprehensive Land Use Plan Change Resolution 9. Rezoning Resolution 10. Conditional Use Permit Termination Resolution Attachment 1 EXHIBIT A Statement Describing Intended Use of the Property Applicant's intended use of the property will be a dental /medical health care facility with core dental practices with complimentary dental specialties and some educational or training space for teaching oral health care to the general public and /or training for students in dental care. Applicant also anticipates potentially using the property for general medical practices, including office space, labs and patient areas for a medical clinic, a chiropractic clinic and an optometry clinic, and a pharmacy, and a physical therapy and a physical fitness space. The upper floor and proposed mezzanine will be remodeled for use as noted above and the lower floorwill be occupied by Ramsey County as a public health facility. Applicant requests that the City of Maplewood grant the change to the Maplewood Comprehensive Plan for the following reasons: • The requested land use classification is consistent with that of the surrounding adjacent properties. • The intended health care related use is consistent with a Business Commercial Modified classification and is right in line with the medical related emphasis of the adjacent properties to the north and east. • Maintaining the current designated library use is not tenable. Granting the requested change puts this currently empty building to economic use. • The actual usage of a significant portion — approximately one third —of the building will not differ from its prior use as general office space if Ramsey County exercises their option to lease the lower floor. The medical and health care nature of the intended use of this building will enhance the general economic vitality and stability of the area for several reasons: • It will broaden and expand the services already available and thus enhance the overall value of the area as a medical center. • The quality of jobs represented by a medical professional building is high and the economic return to surrounding business may be correspondingly high. Some preliminary conservative estimations on the impact follow: Parking; The site currently has 186 parking spaces. The City requires 1 parking spot per 200 square feet of office. With the 6000 square foot proposed mezzanine the total area would break down as follows: According to the architect, it looks like Maplewood may require five (5) spaces per 1000 square feet GFA. APPLICANT'S STATEMENT L Area Sq. Ft Area Sq. Ft. parking space Use Spaces required Lower floor 10,000 350 General office 28 7,000 1000 mechanical 7 Upper floor 17,000 200 Medical /dental office 85 Mezzanine 6,000 200 Medical /dental office 30 Total 40,000 Sq. Ft 150 According to the architect, it looks like Maplewood may require five (5) spaces per 1000 square feet GFA. APPLICANT'S STATEMENT L This kicks the parking space requirement up to 240 spaces if the mezzanine is built. An additional thirteen spaces would need to be created or a waiver obtained. Utilities and services: Of the proposed businesses it is estimated that the dental clinic use will be the most demanding in terms of electricity and water usage. Applicant anticipates water usage for 40,000 square feet to be 329 fixture units on the supply side and 205 fixture units on the discharge (sewer) side. Economic: Again, considering the full upper floor and mezzanine for use as a dental clinic minimum ideal space for a dental clinic for one (1) doctor, two (2) hygiene and four (4) dental auxiliaries is 2000 square feet with five (5) operatories. The 20,000 square foot leasable space for the upper floor would hold the equivalent of ten (10) dental clinics as follows Dentists 10 Dental hygienists 20 Dental auxiliaries 40 Operatories 50 Each operatory serves six (6) patients per day x 50 operatories = 300 patientstday 9 N I -1 L Attachment 2 Z > :� -0 < rn o 0 0 BEAM AVE CJ O LU Attachment 2 Z > :� -0 < rn o 0 0 BEAM AVE N BEAM AVE Attachment 3 ---------- — ------------ 3 -- 2817 ------------- Hazelwood Park 2745 275,5\ 2752­�� � 749 7 Address Map 1670 Bea_rn Avenue Peters6h Dental N Attachment 4 BEAM AVE Land Use Map 1 670 Been Avenue Peterson Dental N Attachment 5 i • i • f Mp BEAM AVE Httac J J ■ s \ , a i E� r ICU � m SITE PLAN 14 0 N ifs Attachment 7 MEMO To: Ken Roberts, Planner From: David Fisher, Building Official Re: 1670 Beam Avenue — CUP Change from Library to Dental Office Date: March 26, 2007 Following are my comments about the proposed use change for 1670 Beam Avenue: - The Library is an A occupancy (assembly) in the Minnesota State Building Code and the 2000 IBC. The proposed use will be a B occupancy (office). This change in use from assembly to office will require the building to meet the current building code requirements. - The building is required to meet Chapter 1341 of the Minnesota State Building Code for accessibility. This may include, but is not limited to, an accessible site approach, door hardware, bathrooms and elevator. - Staff recommends the project architect submit a complete building code analysis to the city building inspection department to verify building code compliance. - The applicant should be aware there may be a SAC (sewer availability charge), WAC (water availability charge) and PAC (park availability charge) required because of the change in the use of the building. The city collects these fees with the building permit. 15 Attachment 8 COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION WHEREAS, Vacharee Peterson, representing the property owners, applied for a change to the city's comprehensive land use plan from L (library) and OS (open space) to BC -M (Business Commercial - Modified). WHEREAS, this land use plan change applies to the property known as 1670 Beam Avenue (the former Ramsey County Library). WHEREAS, the property identification numbers for the properties in question are: 1. 03- 29 -22 -41 -0011. 2. The north 88 feet of Parcel # 03- 29 -22 -41 -0010. WHEREAS, the history of this change is as follows: On April 3, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On April 23, 2007, the city council discussed the proposed land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above- described change to the land use plan for the following reasons: Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding, or overuse of land especially when supportive services and facilities, such as utilities, drainage systems, or streets are not available. 7. Help to implement the goals of the comprehensive plan including: a) The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks, and open space. b) Safe and adequate access will be provided for all properties. in C) Transitions between distinctly differing types of land uses should not create a negative economic, social, or physical impact on adjoining developments. d) Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man -made or natural barriers. e) The city coordinates land use changes with the character of each neighborhood. f) Group compatible businesses in suitable areas. g) Avoid disruption of adjacent or nearby residential areas. The Maplewood City Council adopted this resolution on April , 2007. 17 Attachment 9 ZONING MAP CHANGE RESOLUTION WHEREAS, Vacharee Peterson, representing the property buyers, applied for a change to the city's zoning map from F (farm residence) to BC -M (Business Commercial - Modified). WHEREAS, this zoning map change applies to the south one -half of the property known as 1670 Beam Avenue. WHEREAS, the property identification number for the affected property is 03- 29- 22-41- WHEREAS, the legal description for this parcel is: Subject to Road over the West side and except the east 910 feet, the south 356 feet of the North 712 feet of the NE % of the SE % of Section 3, Township 29, Range 22. WHEREAS, the history of this change is as follows: 1. On April 3, 2007, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On April 23, 2007, the city council discussed the proposed zoning map change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection, and schools. The Maplewood City Council approved this resolution on April , 2007. in Attachment 10 CONDITIONAL USE PERMIT TERMINATION RESOLUTION WHEREAS, in 1991, the Maplewood City Council approved a conditional use permit (CUP) for Ramsey County to construct and operate a public library at 1670 Beam Avenue. WHEREAS, Ramsey County is no longer using the property for a library and is proposing to sell the property to a private owner for other uses. WHEREAS, Vacharee Peterson, representing the property buyers, has applied to Maplewood for a change to the city's land use plan map and zoning map for the property to use it for a dental clinic and an office building. WHEREAS, the original conditional use permit applies to the property at 1670 Beam Avenue. The legal descriptions are: 1. Except the East 910 feet, the North 356 feet of the NE'14 of the SE 1 /4 (Subject to Roads) in Section 3, Township 29, Range 22 (PIN 03- 39 -33 -41 -0011) 2. Subject to Road over the West side and except the east 910 feet, the south 356 feet of the North 712 feet of the NE'14 of the SE'14 of Section 3, Township 29, Range 22. (PIN 03 -29- 22 -41 -0010) WHEREAS, the history of this conditional use permit termination is as follows: 1. On April 3, 2007, the planning commission held a public hearing about the reuse of the property. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements before making their recommendation. 2. On April 23, 2007, the city council discussed the proposed conditional use permit termination. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit termination because the use of the property as a library is no longer in effect. The Maplewood City Council approved this resolution on April , 2007. im DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 3, 2007 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. 11. ROLL CALL Vice - Chairperson Tushar Desai Present Chairperson Lorraine Fischer Present Commissioner Harland Hess Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Joe Walton Absent Commissioner Jeremy Yarwood Present Staff Present: Dave Fisher Building Official Ken Roberts Planner Lisa Kroll Recording Secretary V. PUBLIC HEARING Peterson Dental Clinic (1670 Beam Avenue) (7:12 — 7:39 p.m.) Mr. Roberts said the prospective new owners of the former Ramsey County Library at 1670 Beam Avenue are proposing to convert the building into a dental clinic and office space. Dr. Vacaharee Peterson, representing the new owners, is proposing changes to the city land use plan and zoning maps to allow for the reuse of the property as a clinic and office building. The library site is actually two separate properties (for tax and identification purposes). Unfortunately, the existing building sits over the existing property line and each parcel now has a different land use designation and a different zoning. While it is true that this proposal would change the land use designation for the southerly parcel from OS to BC -M, in reality the southern parcel of this site has always been part of the library site and the city probably should have changed the land use designation for the parcel to L (library) in 1992 after the county built the library. This current request, along with the proposed zoning map change, will clean up the maps and will reflect the actual use of all the property. The city does not have specific criteria for comprehensive land use plan changes, but any such change should be consistent with the goals and policies in the comprehensive plan. In this case, there are six land use goals and seven development policies in the plan that the city should consider when reviewing this request. Chairperson Fischer asked if staff was sure this proposal covers the full site? Mr. Roberts said yes. Planning Commission -2- Minutes of 04 -03 -07 Commissioner Trippler said he couldn't believe the city allowed the library building to be built in the wrong place to begin with but since that happened, he is concerned with changing the OS(open space designation) to BC- M(business commercial modified). He asked if the parcel that is to the east of the open space is "all" open space? Mr. Roberts said yes. Commissioner Trippler asked if the city changed the designation from OS(open space) to BC- M(business commercial modified) does that mean the applicant could fill in the land and the land could then be constructed on? Mr. Roberts said in theory that sounds nice, but with the large wet land area and the ditch running through the property, staff doesn't see that as a practical possibility. Commissioner Trippler asked why the city wouldn't just ask the applicant to redo the lot? He asked why the applicant couldn't move the property line to the east and extend the line across the property in order to change the whole property to BC- M(business commercial modified)? Mr. Roberts said that's certainly an option but staff would like to recommend that the applicant combine the two parcels into one parcel for tax identification purposes since the applicant would be purchasing both parcels and would have control of the full 6 acres. There shouldn't be a property line running through the middle of a building anyway. That would be the proper way to remove where the current property line runs now. If that's the recommendation of the planning commission, staff could forward that recommendation to the city council. With the wetland area and the ditch running through the property, it seemed like a moot point. It's easier to have one property, one ownership, and one designation, for both the land use and the zoning on a property. Commissioner Trippler asked what guarantee the city has that the applicant won't fill in the wetland? Mr. Roberts said there is no guarantee, just like any other site. Commissioner Trippler said if it was designated OS(open space) and if the applicant started filling in the wetland, the city would have recourse to make the property owner return the property to its original status. Mr. Roberts said staff would argue that the city would do that either way. The Watershed District and the Maplewood engineering staff would get pretty excited no matter what the land use designation was if someone were to fill in a wetland. Chairperson Fischer said the city used to require permits to move dirt around. She asked if that was still a requirement? Mr. Roberts said correct. Commissioner Trippler said staff said the city and the Watershed District would get excited if someone started filling in a wetland but the building appears to be built in the wetland area anyway and apparently the city didn't get too excited when that happened then. Planning Commission -3- Minutes of 04 -03 -07 Mr. Roberts said the library building was built in 1991 and staff would hope the city would be more careful today ensuring that a building wasn't built in the wrong location again. Commissioner Trippler said he would like to think so too. Commissioner Hess said regarding the zoning of the other parcels adjacent to this property. What about the other two parcels that is directly south of this and the other property that's in between the F(farm) property and the OS(open space) property? Mr. Roberts said the entire area shown in white on the map is zoned F(farm) all the way to the new townhomes on Southlawn Drive. The BC- M(business commercial modified) property is along Beam Avenue. Commissioner Hess said he agreed with Commissioner Trippler. The old library building was built over the property line which changes the zoning designations. If we could move that property line south like Commissioner Trippler described, that might be a good solution. He said he was hoping to keep some of that property as a buffer and open space between Hazelwood Park and that whole area. The back of the building has a pretty severe drop off from the parking lot to the ravine and it looks like you couldn't do much to develop that area anyway. He would like to see that put in writing as a condition to keep that area zoned as OS(open space) so that the applicant can't build in that buffer area between Hazelwood Park. He read the comments from the Building Official and he wondered if there was an elevator in this building or not? Chairperson Fischer said there is an elevator in the old library building that goes down to the basement. Chairperson Fischer asked what the zoning was on the west side of the street and to the south of the BC -M (business commercial modified) property? Mr. Roberts said the zoning is F(farm) but the land use is OS(open space). Chairperson Fischer asked the applicant to address the commission. Dr. Vacaharee Peterson, 1184 Orange Avenue East, St. Paul, addressed the commission. She would like the city to approve the proposal to be used as BC -M (business commercial modified). She didn't realize that the south lot was F(farm) and it's a very beautiful lot and she would like to see that the land is not built on because she is an environmentally conscience type of person. The property sits very beautifully the way it is. She would ask that the city approve the plan as requested by staff. She would like to thank the commission and the staff so very much for their hard work on this proposal and she also thanked Mr. Roberts for his letter. Chairperson Fischer asked if Dr. Peterson had any questions for the planning commission or for staff? Dr. Peterson said no and she thanked the commission. Chairperson Fischer asked if anyone wanted to come forward regarding the proposal? Planning Commission -4- Minutes of 04 -03 -07 Mr. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the commission. He said when he saw this item on the agenda he became interested. He thanked Commissioner's Trippler and Hess for their questions regarding how the library building could be built with the property line running through it and regarding the potential change being requested from OS(open space) to the BC- M(business commercial modified). He asked what the tax impact on the properties would be if those changes were made? He asked if the applicant would be taxed at a higher rate then with these changes? If so, that could pressure the applicant to develop the buffer area if the decision was to keep half the property OS(open space) and half the property BC- M(business commercial modified). That would be a nice balance because the open space aspect would still be there. Mr. Roberts said staff doubted that would happen. Staff assumes the applicant would be taxed on the value of the land and the structure based on what the applicant purchased the property for and the improvements they put into the building. However, staff hasn't asked Ramsey County or the assessor's office that question. Mr. Cockriel said just the thought that it says open space for the future is a great way to keep open space in the city. He said he appreciates the commission's time. Chairperson Fischer closed the public hearing. Commissioner Hess asked if the commission split the zoning designation to the south and kept the open space area, how would the commission determine where the line would be measured from the current property line and how far south would the property line have to be moved? Mr. Roberts said the commission would trust staff to figure that out. (Mr. Roberts pointed out on the overhead how staff would determine that). Mr. Roberts said the applicant could get a survey done but that would cost money. With a simple legal description you want to keep the property line going east and west. Commissioner Hess said he thought there was a building code that stated the property line has to be a certain number of feet away from a structure? Mr. Roberts said staff is going to recommend that these two parcels be combined into one property. The line would simply designate the difference between land use and zoning designations and wouldn't be considered a property line. The property line becomes a moot point when they combine the two properties. Chairperson Fischer asked if that concerned the commission if the two properties were combined into one property? (The commission nodded their head no.) Commissioner Trippler said he felt a little uncomfortable changing the land use designation of the lower portion of the property to BC- M(business commercial modified) and he would rather leave it zoned as OS(open space). The placement of the library building was a mistake and it should have been corrected after the footings were placed incorrectly 16 years ago but that didn't happen. He asked staff if the commission should put something in the motion regarding that? Planning Commission -5- Minutes of 04 -03 -07 Mr. Roberts said his recommendation was to change the whole property so if the commission wants to revise the recommendation then the commission needs to change recommendation A and B in the staff report. Commissioner Trippler moved to recommend adoption of the comprehensive land use plan amendment starting on page 16 (Attachment 8 in the staff report). This resolution changes the comprehensive land use plan from L(library) and OS(open space) to BC- M(business commercial — modified) for the reuse of the former library building at 1670 Beam Avenue into a dental clinic and an office building. (the southern extent of BC- M(business commercial modified) would extend from Beam Avenue south to a line drawn from the south limit of the BC -M (business commercial modified) property to the east.) The city is making this change because it will: 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax base, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 6. Prevent premature use, overcrowding, or overuse of land especially when supportive services and facilities, such as utilities, drainage systems, or streets are not available. 7. Help to implement the goals of the comprehensive plan including: 1) The city will not approve new development without providing for adequate facilities and services, such as street, utilities, drainage, parks and open space. 2) Safe and adequate access will be provided for all properties. 3) Transitions between distinctly differing types of land uses should not create a negative economic, social, or physical impact on adjoining developments. 4) Whenever possible, changes in types of land use should occur so that similar uses front on the same street or at borders of areas separated by major man -made or natural barriers. 5) The city coordinates land use changes with the character of each neighborhood. 6) Group compatible businesses in suitable areas. 7) Avoid disruption of adjacent or nearby residential areas. Planning Commission -6- Minutes of 04 -03 -07 Commissioner Trippler moved to adopt the rezoning resolution on page 18 (Attachment 9 in the staff report). This resolution changes the zoning map from F(farm residence) to BC- M(business commercial modified) for the south one -half of the former Ramsey County Library site at 1670 Beam Avenue. (The extent of BC -M (business commercial modified) will coincide with that of part L.IThe city is making this change because: 1. This change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The applicant is proposing to use the property in question for a dental clinic and an office building and not for farming or residential purposes. Commissioner Trippler moved to adopt the conditional use permit termination resolution on page 19 (Attachment 10 in the staff report). This resolution ends the conditional use permit for Ramsey County to have a public library on the property at 1670 Beam Avenue. The city is approving this termination based on the findings and procedures required by the city code and because the use of the property as a library is no longer in effect. Commissioner Pearson seconded. Ayes — Desai, Fischer, Hess, Pearson, Trippler, Yarwood The motion passed. This item goes to the city council on April 23, 2007. Mr. Roberts said he would change the land use resolution to coincide with the motions that were made this evening by the commission. Commissioner Trippler asked staff if someone were to call the city and say they think someone is building something in the wrong spot, what would the city do? Mr. Dave Fisher, Building Official, addressed the commission. Mr. Fisher said typically placement of a structure would be inspected during a footing inspection. The building inspector would check for the property corner pins, check the setbacks and where the building is supposed to be located. If the footings were placed incorrectly the building inspector would tell the builder they need to move the footings to the right location so the building is placed correctly. Planning Commission -7- Minutes of 04 -03 -07 Mr. Roberts said the city requires a survey with all new construction and that is supposed to give the dimensions of the building and its location on the site. The building inspector needs that information in the field when they check the footings. Mr. Fisher said in some cases when the property owner owns both properties like this, which could have been the case here, there can sometimes be a written agreement that can supersede things that is tied to the property deeds stating you can over build over a property line. So there are things that can be done to make the situation work. Mr. Roberts said there have also been occasions where people have had to do a lot split after the fact and people have had to move property lines rather than tearing the structure down. Memorandum TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: April 13, 2007 RE: Precinct Boundary Change Resolution Item L5 INTRODUCTION The City has approximately 23,000 registered voters and 16 precinct locations. Within our borders we have three Independent School Districts 622, 623 and 624. Five of our current precincts are what we refer to as "split precincts" meaning that within the precinct boundaries there are two school districts. During an election when school districts have board members or referendums on the ballot it is necessary to have two ballot types depending in which school district a voter resides. This can cause confusion in the polling place and also adds additional costs to the election for ballot layout and printing. Changing polling place precinct boundaries can at times be controversial especially when legislative districts are affected. After reviewing our "split precinct" locations with Ramsey County, we could eliminate 3 of our split precincts (Precincts 3, 4 & 6) by doing minimal boundary shifting and no legislative districts are affected. It is not possible to eliminate split precincts in precincts 7 and 8 due to city limit boundaries. Proposed Changes to Eliminate Split Precincts: Precinct 3 - the proposed boundary would follow the preexisting school district boundaries of 623 and 622 that divide Precinct 3 and Precinct 5. The precinct would then all be in Precinct 622. This would not affect any current streets or resident addresses. Precinct 4 - the proposed boundary would follow the preexisting school district boundaries of 623 and 622 that separate Precinct 2 and Precinct 4. The entire precinct would then be in Precinct 623. Following the preexisting school district boundaries would move the following addresses from Precinct 4 to Precinct 2 and would affect 333 voters: Arcade /Highway 61 (odd) 17 Parkway Drive 6 Maplehills Drive 132 Kingston Avenue East 17 Price Avenue East 19 Larpenteur Avenue (odd) 94 Payne Avenue 7 Edgerton Street 32 Effingham Street 0 Jessie Street 9 If approved affected voters will be notified via postal mail as is required by State Statute. Precinct 6 — using Keller Parkway as the boundary between Precinct 3 and Precinct 6 would make precinct 6 all School District 622. This is the Spoon Lake area and would not affect any voters. The following resolution amends Resolution 92 -03 -33 Defining Precinct Boundaries to eliminate split school district precincts for precincts defined as Precinct 3, Precinct 4 and Precinct 6. Changes in the resolution have been identified by striking out the language that will be removed and italicizing language that will be added. RESOLUTION AMENDING RESOLUTION 92 -03 -33 DEFINING PRECINCT BOUNDARIES WHEREAS, the City of Maplewood has Independent School Districts 622, 623 and 624 within its borders. Due to current precinct boundaries, there are five precincts that have more than one school district in the precinct. In three precincts, this can be corrected by redefining precinct boundaries; and WHEREAS, redefining these boundaries causes changes in the present City of Maplewood established precincts. NOW, THEREFORE, BE IT RESOLVED that the City Council of Maplewood, Minnesota, does hereby define the affected precinct boundaries as follows: Precinct No. 2 ST. JEROME'S SCHOOL Larpenteur on the South, Highway 35E on the West; Highway 36 & Roselawn on the North; Desoto St. and Kelle ' ake GhaRRel Highway 61 on the East. Precinct No. 3 EDGERTON SCHOOL Roselawn Avenue on the South; Highway 36 on the North; Desoto St. on the West; . West Shore of Keller Lake on the East. Precinct No. 4 GLADSTONE FIRE DEPARTMENT Larpenteur Ave. on the South, °°^ r rccvrecatinrt Gateway Trail and a portion of Frost Avenue on the North and Highway 69 on the West; Prosperity Road and Hazelwood on the East. Precinct No. 5 GLADSTONE COMMUNITY CENTER Gateway Trail on South; Highway 36 on the North; MaplewGe Ddwm Westerly Shore of Keller Lake on the West; Hazelwood on the East. Precinct No. 6 HAZELWOOD FIRE STATION Highway 36 on the South; County Road C on the North; Arcade Street and Keller Parkway North of Arcade on the West; White Bear Avenue on the East. In addition to the above, this spring staff will be assessing polling sites for possible new locations for some of our larger precincts and perhaps an additional precinct in the southern part of the city. CONSIDERATION Approve resolution changing precinct boundaries for Precincts 3, 4 and 6. TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Services Manager DATE: April 17, 2007 SUBJECT: Lawful Gambling Ordinance INTRODUCTION Item L6 Chapter 22 of the City Code of Ordinances pertaining to Gambling and Bingo was inserted into the code in 1982. Since that date there have been numerous revisions in State Statute 349 that governs Lawful Gambling and Gambling Devices. Specifically, there were major changes in the 2005 and 2006 Legislative Sessions. After review of our current code, it was determined that it would be more efficient to remove the entire chapter and start over with a more comprehensive and significantly reduced in size ordinance. The current code is 22 pages and the proposed one is 10'12. The proposed code is attached for your review. Items in italics are included in the current code. Underlined items are proposed changes. In 2005 lawful gambling changes went to affect that contain many positive changes for the lawful gambling industry. Significant changes were made for the conduct of bingo and the definition of raffles. Some of the significant changes that we have made follow: The current code requires that an organization shall be not eligible for a license unless the organization conducts their meetings in Maplewood. This requirement has been removed. This will allow organizations that are licensed by other cities to conduct raffles and have premise permits in our city. Currently we restrict a licensee to only two premises permits in the city. Many of our license holders have requested that we increase this number; we are proposing up to four premise permits per licensee. Currently we require a resolution approving the application for a premise permit within 180 days. The proposed ordinance requires approval of the resolution within 60 days of receipt of the application. Statute 349 allows up to 90 days. We are suggesting the 60 days to ensure that the resolution will be passed and returned to the Gambling Control Board well before the statutory deadline. Since there have been so many changes to Statute 349 over the last few years I have included the following types of gambling that are excluded from state licensing requirements: (1) Bingo (with the exception of linked bingo) conducted by an organization in conjunction with a county fair, state fair or a civic celebration for less than 12 consecutive days in a year. The organization can make no more than four separate applications for activities applied for and approved per year. (2) Bingo (with the exception of linked bingo) conducted by an organization on four or fewer days a year. (3) Raffles conducted by an organization that does not award raffle prizes in excess of a total value of $1500 in a calendar year. (4) Bingo conducted within a nursing home or senior citizens housing project, or by a senior citizens organization, if: • The prizes for a single bingo game do not exceed $10. • Total prizes awarded at a single bingo occasion do not exceed $200. • No more than two bingo occasions are held by the organization or at the facility each week. • Only members of the nursing home or housing project are allowed to play. • No compensation is paid to any people who conduct the bingo game. • A manager is appointed to supervise the bingo. "Linked bingo" is a bingo game played at two or more locations where licensed organizations are authorized to conduct bingo, where there is a common prize pool and a common selection of numbers or symbols conducted at tone location, and where the results of the selection are transmitted to all participating locations by satellite, telephone or other means by a linked bingo game provider. An organization that conducts excluded bingo or raffles must register with the board before conducting lawful gambling. An organization that conducts the first two types of excluded bingo must obtain prior approval by the local governing body. Cities may require a local permit for organizations that conduct the first two types of excluded bingo. Cities probably may not require a local permit to conduct senior citizen or nursing home bingo, or raffles with prizes under $1500 in a calendar year, although the law is open to interpretation. In preparation of making revisions to Chapter 22, a survey of 17 surrounding cities was conducted to see how they handle different questions. The study worksheet is attached and the summary follows: Question 1. How many premises can your licensees have? Survey — none to no restrictions I Question 2. Do you allow charitable gambling license holders from other cities to hold a premise permit in your city? Survey — 6 no and 11 yes Question 3. How many temporary permits do you allow your license holders to have on an annual basis? Survey— one to no limits (most cities follow Statute 349) Question 4. Do you do a background investigation on your charitable gambling managers? If so, how much do you charge for the investigation? Survey — 14 yes and 3 no. By statute a city of the second class can not charge in excess of $250 for the investigation. Question 5. What are your fees for annual and temporary licenses? Survey — No fee to $100 Question 6. Where do you allow gambling to be held? Survey — For temporary licenses mostly churches and schools. For annual licenses, any on -sale liquor license holder. Finally, the city currently does not have an investigation fee for lawful gambling background investigations or for lawful gambling change of manager investigations. We are suggesting the fee amount of $250 as is permitted by Statute 349. CONSIDERATION Staff is requesting approval of the first reading of Chapter 22 pertaining to Lawful Gambling and approval of the investigation fee of $250. KI I Chapter 22 LAWFUL GAMBLING Article L In General Sec. 22 -1. Gambling prohibitions. Article IL Lawful gambling. See. 22 -2. Adoption of state law by reference. Sec. 22 -3. City may be more restrictive than state law. Sec. 22-4. Purpose. Sec. 22-5. Definitions. See. 22 -6. Lawful gambling permitted. See. 22-7. Location. Sec. 22 -8. Conditions. Sec. 22 -9. Lawful gambling at on -sale establishments. Sec. 22 -10. Council approval. Sec. 22 -11. Application and local approval of premises permits. Sec. 22 -12. Local permits. See. 22 -13. Revocation and suspension of local permit. Sec. 22 -14. License and penult display. Sec. 22 -15. Notification of material changes to application. Sec. 22 -16. Contribution of net profits to fund administered by city. Sec. 22 -17. Designated trade area. See. 22 -18. Records and reporting. See. 22-19. Penalty. Sec. 22 -20. Severability. Sec. 22 -21. Effective date. 12 2 ARTICLE L IN GENERAL Sec. 22 -1. Gambling prohibitions. (a) Any person engaged in gambling as a participant therein or any person who knowingly permits gambling on his premises, such gambling being defied as gambling within the meaning of Minn. Stats. §§ 609.75 609.762, shall be guilty of a misdemeanor. (b) All kinds and descriptions ofgaming, gambling anditaudulent devices and practices in gaming and all playing of dice or other games of chance are hereby prohibited. (c) All roulette tables; all faro banks; all crap tables; all gambling with cards, gaming tables or gambling devices; all descriptions of gaming and gambling; all houses and places for the purpose of gambling and fraudulent devices and practices; and all playing of cards, dice or other games of chance are hereby prohibited from being set up, used or kept for gaming or gambling purposes in the cite. (d) No person shall bet anv money or other property at or upon or in ally gaming or gambling table, game or device prohibited by this section. (e) No person shall keep any house or place for the purpose of gambling nor shall any person suffer or allow any gaining table, bank or gambling device or gambling equipment prohibited in this section to be set up or used for the purpose of gaming in any house, building, boat, lot, hotel, motel, shop, ward, room, space or garden belonging to him, occupied by him or over which he has no control. (f) If anv person shall engage in a gambling game or make use of any gambling device or equipment prohibited b this section or shall keep tables,furnitur�e, fixtures or instruments for gaming or gambling or used or intended for use in gaming or gambling, in or out of any house, room or place, such tables, instruments or equipment may be seized and taken into custody by any police ojficer. It is hereby made the expressed duty of all police officers to enter anyplace, house, room, tent or booth and seize the gaming tables, instruments, fixtures or equipment and hold and keep the gaming tables, instruments, fixtures or equipment. (g) No person shall visit any place, house or room used, occupied or in anv way designed for gaming or gambling purposes and there bet any money or valuable thing on any game or device, either played with cards, dice or otherwise.. It shall be the dirty of thepolice officers to visit all houses, places, rooms, tents or booths where any such gambling is carried on in violation of this section and to arrest all persons violating this section. (h) No person shall, within the city, whether directly or indirectly, bet or risk any money or other property at or upon any game, device, horse race, contest of any kind whatever or upon the happening of any event, whether such event takes place within or without the city limits, or the result of any such event or engage in any gaming or gambling of any kind whatever, in which money or other property is directly or indirectly bet, wagered, staked or risked, or aid or abet, directly or indirectly, any other person in the doing of any such acts. (i) This section shall not apply to the game of bingo, as defined by state law, if such game of bingo is duly licensed pursuant to state law and this Code or other city ordinance. GW 3 (j) Notwithstanding the other subsections of this section, a f aternal, religious, veterans' or other nonprofit organization may set up to operate a gambling device or conduct a raffle, as defined in Minn. Stats. § 349.12, if licensed by the city and conducted pursuant to Minn. Stats. § 340.12, and a person may manufacture, sell or offer for sale a gambling device to such organization. ARTICLE II. LAWFUL GAMBLING Sec. 22 -2. Adoption of state law by reference. The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, provisions relating to sales, and all other matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at the time this ordinance was adopted. Sec. 22 -3. City may be more restrictive than state law. The council is authorized by the provisions of Minnesota Statutes, Section 349.213, as it may be amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on gambling within its limits beyond those contained in Minnesota Statutes, Chapter 349, as it may be amended from time to time. Sec. 22 -4. Purpose. The purpose of this ordinance is to regulate lawful gambling within the City of Maplewood, to prevent its commercialization, to insure the integrity of operations, and to provide for the use of net profits only for lawful purposes. Sec. 22 -5. Definitions. In addition to the definitions contained in Minnesota Statutes, Section 34912, as it may be amended from time to time, the following terms are defined for purposes of this ordinance: BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board. CITY, as used in this ordinance, means the City of Maplewood. COUNCIL, as used in this ordinance, means the City Council of the City of Maplewood. LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board. LOCAL PERMIT, as used in this ordinance, means a permit issued by the city. TRADE AREA, as used in this ordinance, is defined as the City of Maplewood and each city and township contiguous to the City of Maplewood. RAFFLE, "Raffle" is an activity that requires no skill in order to win a prize. Prizes are awarded through the purchase of chances. n. 4 Sec. 22 -6. Lawful gambling permitted. Lawful gambling is permitted within the city provided it is conducted in accordance with Minnesota Statutes, Sections 609.75- 609.763, inclusive, as they may be amended from time to time; Minnesota Statutes, Sections 349.11- 349.23, inclusive, as they may be amended from time to time; and this ordinance. Sec. 22 -7. Location. (a) Lawful gambling under license issued by the state lawful gambling board may be conducted only at the following locations: (1) In the licensed organization's hall where it has its regular meetings. No organization shall rent, lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling, except an on -sale establishment as permitted in this division. (2) In licensed on -sale liquor, wine, and beer establishments. (3) Notwithstanding subsections (a)(1) and (2) of this section, raffle only licenses may be approved for any proper location. (b) No location shall be approved for gambling unless it complies with the applicable zoning, building, ' fire, and health codes of the city. Sec. 22 -8. Conditions. The conduct of lawful gambling under license issued by the state lawful gambling control board shall be subject to the following conditions in the city: (1) No sale, consumption, or possession of liquor, wine, 3.2 percent malt liquor shall be permitted during gambling conducted by a licensed organization, except as permitted under a valid on -sale liquor, wine, or 3.2 percent malt liquor license or a bottle club permit; provided, further; that no sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in the room where a bingo session is taking place. (2) (3) Sec. 22 -9. Lawful gambling at on -sale establishments. Lawful gambling at on -sale liquor; wine, and 3.2 percent malt liquor establishments shall be Conducted in compliance with the following: (1) Only licenses for lawful gambling and raffles may be issued, except where the licensed gambling organization also holds the on -sale liquor, wine, or 3.2 percent malt liquor licenses for the premises, in which case any gambling license may be issued. 7 Before any person may serve as gambling manager far any organization licensed to conduct gambling in the city, that person roust have satisfactorily completed a course of instruction conducted by the state lawful gambling control board on the duties and responsibilities of the gambling manager. 5 (2) On -sale establishments shall be limited to one licensed gambling organization at any one time in the licensed premises and any rooms adjoining the premises under the same management. No lease shall be made with one organization while another lease is in effect for the same on -sale establishment. (3) Every agreement between a nonprofit organization and an on -sale premises for gambling shall be in the form of a written lease. The written lease shall be the complete agreement between the parties, and there shall be no unwritten terms or conditions. The lease shall specifically provide that the lessee shall operate only after issuance of a license and shall be subject to the terms of this division. (4) A copy ofany lease agreement between a nonprofit organization and an on -sale licensee shall be filed with the city clerk and the police chief with the gambling license application, (5) A lease agreement between a nonprofit organization and an on -sale establishment shall not provide for rental payments based on a percentage of receipts of profits om lawfid gambling. There shall be no other compensation paid to the on -sale establishment, directly or indirectly, other than the rental fee provided in the lease agreement. The maximum rental fee shall be according to state law. (b) All gambling shall be conducted, from a booth or other area properly segregated from the rest of the licensed premises. The physical layout of the area set aside for gambling shall be subject to approval of the police department. (7) The gambling booth shall be constructed and maintained by the organization licensed to conduct gambling and shall be under the exclusive control of that organization. The organization licensed to conduct gambling shall prominently display its name and license number at its gambling booth and shall indicate that all profits front gambling are for the benef t of the organization. (8) No employees or agents of the on -sale establishment shall handle gambling devices, gambling money, prizes, or gambling records; nor shall they record winners, replays, or ftee games; not shall then otherwise conduct or assist the licensed gambling organizations in conducting the gambling operation. (9) No person shall be jointly employed by both the nonprofit organization and the on -sale establishment. (10) The gambling booth shall be separate from the liquor service bar. No gambling shall be conducted, from the liquor service bar. (11) The organization licensed to conduct gambling shall have exclusive control over all gambling devices, money, and records. Whenever the organization is not present, all gambling devices, money, and records shall be securely locked and shall be inaccessible to employees of the on -sale establishment. (12) No gambling funds shall be commingled with funds of the on -sale establishment. (13) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with the sale of gambling devices or chances. ;7 6 (14) The on -sale establishment shall allow the organization to conduct gambling at any time during its lawful business hours and shall prohibit gambling at any time other than its lawful business hours. (15) The on -sale licensee shall make no agreements with any gambling equipment distributor requiring the use of his gambling equipment in the establishment. (16) Subsections (6), (7), (8), (9), (10), and (11) of this section shall not apply when the licensed gambling organization is also the holder of the on -sale license for the establishment inhere the gambling is conducted. (17) The cite council may disapprove a gambling license application for an on -sale establishment in which gambling violations have previously occurred. Section 22 -10. Council approval. Lawful gambling authorized by Minnesota Statutes, Sections 349.11- 349.23, inclusive, as they may be amended from time to time, shall not be conducted unless approved by the council, subject to the provisions of this ordinance and state law. Section 22 -11. Application and local approval of premises permits. (a) Any organization seeking to obtain a premises permit or bingo hall license, or renewal of a premises permit or bingo hall license from the Board shall file with the city clerk an executed, complete duplicate application, together with all exhibits and documents accompanying the application as filed with the Board. The application and accombanvinL exhibits and documents shall be filed not later than three (3) fil (b) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license, the city clerk shall transmit the application to the chief of police for review and recommendation. (c) The chief of police shall investigate the matter and make its review and recommendation to the city council as soon as possible, but in no event later than 45 days following receipt of the notification by the City. (d) Organizations or bingo 1 if (e) The applicant shall be notified in writing of the date of which the council will consider the (f) The council shall receive a report from the city clerk that includes pertinent information from the background investigation and consider the application within 45 days of the date that the application was submitted. (g) The council shall, by resolution, approve or disapprove the application within 60 days of the receipt of the application. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance VA relating to gambling within the last 3 years. (2) Violation by the on -sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) Lawful gambling would be conducted at premises other than those for which an on -sale liquor license has been issued. (4) Lawful gambling would be conducted at more than 4 gremises within the city. (5) Failure of the applicant to pay the investigation fee within the prescribed time limit, (6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the council shall pass a resolution approving the application. Sec. 22 -12. Local permits. (a) No organization shall conduct lawful gambling excluded or exempted from state licensure requirements by Minnesota Statute, Section 349.166, as it may be amended from time to time, without a valid local permit. (b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city. The application shall contain the following information; (1) Name and address of the organization' requesting the permit. (2) Name and address of the officers and person accounting for receipts, expenses, and profits for the event. (3) Dates of gambling occasion for which permit is requested. (4) Address of premises where event will occur. (5) Copy of rental or leasing arrangement, if any, connected with the event including rental to be charged to organization. (6) Estimated value of prizes to be awarded. (c) When filing an application for the issuance of a local permit under this division, the applicant must pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by the city council. (d) Upon receipt of an application for issuance or renewal of a local permit, the city clerk shall transmit the notification to the chief of police for its review and recommendation. (e) The chief of police shall investigate the matter and make review and recommendation to the city clerk as soon as possible to be included in the report for the council, but in no event later than 45 days following receipt of the notification by the city. im (f) The applicant shall be notified in writing of the date on which the council will consider the recommendation. (g) The council shall receive the public safety department's report and consider the application within 45 days of the date the application was submitted to the city clerk. (h) The council shall disapprove an application for issuance or renewal of a premises permit for any of the following reasons: (1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling within the last 3 years. (2) Violation by the on -sale establishment, or organization leasing its premises for gambling, of any state statute, state rule, or city ordinance relating to the operation of the establishment, including, but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic beverages, gambling, controlled substances, suppression of vice and protection of public safety within the last 3 years. (3) The organization has not been in existence for at least 3 consecutive years prior to the date of application. (4) The organization does not have at least 15 active members. (5) Exempted or excluded lawful gambling will not take place at a premises the organization owns or rents. (6) Exempted or excluded lawful gambling will not be limited to a premises for which an on -sale liquor license has been issued. (7) Exempted or excluded lawful gambling will occur at more than 4 premises within the City. (8) More than one licensed„ qualified organization will be conducting exempted or excluded lawful gambling activities at any one premises. (9) Failure of the applicant to pay the permit fee within the prescribed time limit. (10) Operation of gambling at the site would be detrimental to health, safety, and welfare of the community. Otherwise the council shall approve the application. See. 22 -13. Revocation and suspension of local permit. (a) A local permit may be revoked, or temporarily suspended for a violation by the gambling organization of any state statute, state rule, or city ordinance relating to gambling. (b) A license shall not be revoked or suspended until notice and an opportunity for a hearing have first been given to the permitted person. The notice shall be personally served and shall state the provision reasonably believed to be violated. The notice shall also state that the permitted person may demand a hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the permitted person requests a hearing, the council shall hold a hearing on the matter at least one week after HE 9 the date on which the request is made. If, as a result of the hearing, the council finds that an ordinance violation exists, then the council may suspend or revoke the permit. See. 22 -14. License and permit display. All permits issued under state law or this ordinance shall be prominently displayed during the permit year at the premises where gambling is conducted. See. 22 -15. Notification of material changes to application. An organization holding a state issued premises permit or a local permit shall notify the city in writing whenever any material change in the information submitted in the application occurs within ten days of the change. Sec. 22 -16. Contribution of net profits to fund administered by city. (a) Each organization licensed to conduct lawful gambling within the city pursuant to Minnesota Statute, Section 349.16, as it may be amended from time to time, shall contribute ten percent of its net profits derived from lawful gambling in the city to a fund administered and regulated by the city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by Minnesota Statutes Section 349.12, Subdivision 25, as it may be amended from time to time. An organization's receipts from lawful gambling that is exempt from licensing under Minn. Stats. § 349.166 are not subject to ten - percent contribution imposed by this section. (b) The ten - percent contribution imposed by this section shall be paid to a fund administered and regulated by the city, without cost to the city, for disbursement for lawf ilpurposes on a monthly basis and shall be reported on a duplicate copy of the gambling tax return filed with the state lawful gambling control board each month. The report shall be an exact duplicate of the report filed with the state lawful gambling control board, without deletions or additions, and must contain the signatures of organization officials as required on the report form. At the time of submitting a copy of the gambling tax return, each organization shall also file a computation of charitable contribution form. The gambling tax return and payment of the contribution due must be postmarked or, if hand- delivered, received in the office of tlienance director on or before the last day of the month following the month for which the report is made.. An incomplete gambling tax return will not be considered timely unless corrected and returned by the due date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the organization. The tax return and contribution shall be delivered to; Finance and Administration Manager City of Maplewood 1830 East County= Road B Maplewood, NItV 55109 Checks shall be made payable to the city. (c) There shall be an interest charge of eight percent per annum on the unpaid balance of all overdue contributions owed by an organization under this section. 12 14 (d) The cio; council shall disapprove any pending application for renewal or the original issue of a lawful gambling license for any organization which owes delinquent contributions to the city. Further, the police chief may notify the state lawful gambling board of any organization owing delinquent contributions to the city and may request that the board revoke or suspend the organization's license during the license year. The city council shall not issue or renew any on -sale or off-sale alcoholic beverage license, bottle club permit, or food license to any organization which owes delinquent contributions to the city. The remedies in this subsection are not exclusive and shall be in addition to an_v other powers and remedies provided by law. See. 22 -17. Designated trade area. (a) Each organization licensed to conduct gambling within the city shall expend 51 percent of its lawful purpose expenditures on lawful purposes conducted within the city's trade area. (b) This section applies only to lawful purpose expenditures of gross profits derived from gambling conducted at a premise within the city's jurisdiction. Sec. 22 -18. Records and reporting. (a) Organizations conducting lawful gambling shall file with the city clerk one copy of all records and reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it may be amended from time to time, and rules adopted pursuant thereto, as they may be amended from time to time. The records and reports shall be filed on or before the day they are required to be filed with the Board. (b) Organization licensed by the Board shall file a report with the city proving compliance with the trade area spending requirements imposed by Section 16. Such report shall be made on a form prescribed by the city and shalt be submitted annually and in advance of application for renewal. Sec. 22 -19. Penalty. Any person who violates (1) any provision of this ordinance; (2) Minnesota Statutes, Sections 609.75- 609.763, inclusive, as they may be amended from time to time; or (3) Minnesota Statutes, Sections 349.11- 349.21, as they may be amended from time to time or any rules promulgated under those sections, as they may be amended from time to time shall be guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment for a term not to exceed 90 days, or both, plus in either case the costs of prosecution. Sec. 22 -24. Severability. If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected. 13 11 Sec. 22 -21. Effective date. This ordinance becomes effective on the date of its publication, or upon the publication of a summary of the ordinance as provided by Minnesota Statute, Section 412.191, Subdivision 4, as it may be amended from time to time, which meets the requirements of Minnesota Statute Section 331A.01 Subdivision. 10, as it may be amended from time to time. Passed by the Council this day of Mayor Attested: Clerk ti'