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HomeMy WebLinkAbout2007 08-27 City Council PacketMAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 27, 2007 Council Chambers, City Hall Meeting No. 15 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country r lelmmmao1wo)3" 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 commentsIquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. " E. APPROVAL OF MINUTES 1. August 13, 2007 Council Manager Workshop 2. August 13, 2007 City Council Meeting 3. August 16, 2007 City Council Meeting (Continuation of August 13, 2007) F. VISITOR PRESENTATIONS 1 . G. APPOINTMENTS/PRESENTATIONS 1. Swearing in of Police Officer Markese Benjamin H. PUBLIC HEARINGS 1. Ferndale/Geranium Street Improvements, City Project 07-14 a. Assessment Hearing 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Awarding Construction Contract 2. Lark/Prosperity Area Street Improvements, City Project 07-15 a. Assessment Hearing 7:15 p.m. b. Resolution Adopting Assessment Roll c. Resolution Authorizing the Installation of Burke Avenue Cul-De-Sac based on Resident Petition Request d. Resolution Awarding Construction Contract 3. City Code Amendment — Planning Commission First Reading. 7:30 p.m. CONSENT AGENDA 1. Approval of Claims 2. City Ordinance Update — Building Codes 3. Conditional Use Permit Review — Liberty Classical Academy 1717 English Street 4. Conditional Use Permit Review — Kline Nissan 3090 Highway 61 North 5. Authorization to Purchase Total Station for Engineering Services Program 6. Approval of Developer's Agreement for Walgreen's at White Bear Avenue and Beam Avenue, City Project 04-37 7. Mogren Street Improvements, City Project 06-17, Resolution Approving Cooperative Agreement with MnDOT for Signal Reimbursement Expenses 8. Minnesota Department of Natural Resources MnReleaf Grant for Oak Wilt Disease Control 9. Temp-Seasonal-Casual Part-time Pay Ranges for 2007 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 1. Pond Overlook Public Improvements, City Project 07-08, Resolution Awarding Construction Contract K. UNFINISHED BUSINESS 1. Adoption of the Capital Improvement Plan L. NEW BUSINESS 1. Renewal of Annual Lawful Gambling License — White Bear Avenue Business Association at AMF Maplewood Lanes and The Dive Bar. 2. Approval of Wine and Strong Beer License — Dinh Yin Thong — Bambu Asian Cuisine. 3. Set Special Meeting Date for the Purpose of Canvassing the Primary Election Results. 4. Kohiman Lane Area Street Improvements, City Project 07-21, Resolution Ordering Preparation of Feasibility Study 5. Myrtle-Idaho Street Improvements, City Project 07-19, Resolution Ordering Preparation of Feasibility Study 6. Pond-Dorland Street Improvements, City Project 07-20, Resolution Ordering Preparation of Feasibility Study 7. Arkwright Utility Extensions, City Project 07-22, Resolution Ordering Preparation of Feasibility Study. 8. Mogren Street Improvements, City Project 06-17 a. Resolution Ordering Preparation of Assessment Roll b. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 24, 2007 N. ADMINISTRATIVE PRESENTATIONS 1. H. Alan Kantrud ro I all [fill N ! I ky, 1:4 Z JU Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249-2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. MINUTES MAPLEWOOD CITY COUNCIL MANAGE R/WORKSHOP Monday, August 13, 2007 Council Chambers, City Hall 5:00 p.m. 4M COX*] 01] :4 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL A 0 4 Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Present Present Present Present at 5:30 p.m. Present Mayor Longrie moved to approve Seconded by Councilmember Hjelle — Mayor Longrie, Councilmember's Cave, Hjelle, Rossbach UNFINISHED BUSINESS 1. South Maplewood Moratorium Prese Madson, South Maplewood Study. on by Rose Lorsung, Senior Planner, Schoell 2. Discussion of Proposal for Finalization South Maplewood Land Use Study. 2008 Comprehensive Plan Planning Process, Rose Lorsung, Senior Planner, Schoell Update of Parks, Trails and Open Space Element of Comprehensive Plan during b. Comprehensive Plan Update on Remaining 12 Elements in 2008. a After Rose Lorsung with Schoell Madson gave her presentation the city council had a question and answer session. The council discussed the Parks, Trails, and Open Space and questioned whether there was a need for a task force to complete this process. Mayor Longrie moved to adjourn the meeting at 6:50 p.m. August 13, 2007, City Council Workshop MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, August 13, 2007 Council Chambers, City Hall Meeting No. 07-014 A. 141 A A CALL TO ORDER A meeting of the City Council was held in the City Hall Council Ch at 7:00 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Rebecca Cave, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Fi',PPROTAl—OF-AGEr1aA-- Mayor Longrie added M2. Old Gla City Manager, Copeland added Claim. Councilmember Cave Seconded by Mayor Longrie. APPROVAL OF MINUTES Present Present Present Present Present rs and was called to order Fire Station Parcel and M3. City Website Information. Ayes — All and N1. Data Practices Minutes from the July 23, 2007, 5 p.m. Council/Manager Workshop. Councilmember Juenemann telephoned Citizen Services Manager and City Clerk, Karen Guilfoile, with a correction. The July 23, 2007, City Council Workshop minutes should reflect Rebecca Cave as the Acting Mayor in Mayor Longrie's absence rather than Acting Chairperson. This correction should be made in the City Council Workshop minutes and in the regular July 23, 2007, City Council minutes. Councilmember Cave moved to approve the Council/Manager Workshop minutes of July 23, 2007, 5 p.m. as amended. Seconded by Councilmember Hjelle. Ayes- Cave, Hjelle, Rossbach Abstention — Juenemann, Mayor Longrie August 13, 2007, City Council Meeting 2. Minutes from the July 23, 2007, 7:00 p.m. City Council Meeting. I The same correction should be made to the City Council Minutes as noted by Councilmember Juenemann during the approval of the City Council Workshop minutes. Councilmember Cave moved to approve the City Council Meeting minutes of July 23, 2007, as amended. Seconded by Councilmember Hjelle. Ayes- Cave, Hjelle, Juenemann, Rossbach Abstention — Mayor Longrie VISITOR PRESENTATIONS Brian Gardner, Eagle Scout from BSA Troop 902, 1963 Maryknoll Avenue North, Maplewood. Brian announced an upcoming Emergency Preparedness Workshop being held at the Church of Jesus Christ of Ladder Day Saints, Little Canada, 2400 Edgerton Street North, August 18 from 1-4 p.m. 2. Bill Kayser, 6408 - 81' Avenue North, Brooklyn Park, addressed the council. He presented the council with a handout which he said he had also mailed to them. 3. Nancy Lazaryan, (in propria persona, in summon jure), 10734 West Lake Road, Rice, addressed the council. Ms. Lazaryan gave a copy of the Notice of Motion and Motion from Judge Joanne Smith from August 21, 2007, to the City Clerk, Karen Guilfoile. 4. Victoria Marchetti, 1033 Conway Street, St. Paul, addressed the council. Ms. Marchetti wanted to introduce herself and let everyone know she was present if anyone needed to speak to her. 5. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the council. He spoke regarding Minnesotans who were recently deployed and those who are currently serving our country in the war. He also expressed how people deal with change. Both change in day today life and change in the City of Maplewood. Joe and Ms. Michael Bailey, 1615 Sterling Avenue South, Maplewood, addressed the council. Ms. Bailey said she supports both Rose Lorsung and Schoell Madson in the work they have done in the South Maplewood Land Use Study along with the work they have done with the neighbors in South Maplewood. She felt they were very professional and their ideas and plans were easy to understand. 9 APPOINTMENTSIPRESENTATIONS Citizen Services — Recreation Program Report — Karen Guilfoile, Citizen Services Manager. Ms. Guilfoile gave a Recreation Program presentation regarding events and recreation programs over the past 6 months. Also included was statistical information showing an increase in participation from 2006. August 13, 2007, City Council Meeting 9 2. Public Works — Parks Maintenance Report — Chuck Ahl, Director of Public Works & Engineering. Mr. AN spoke regarding the recent storm that hit certain areas in the City of Maplewood and gave brush pick up instructions for areas between Larpenteur Avenue and Conway and McKnight and Century Avenue. Then Mr. AN gave a Park Maintenance Report informing the city council of the benefits of blending the Park and Public Works Maintenance Departments in the 2007 budget. 3. Fire Department Federal Grant — Chief Lukin Maplewood Fire Chief, Steve Lukin, stated the city had applied for and received a $150,000 federal grant to pay for laptop computers that would be installed in the city's police and ambulance vehicles allowing emergency personnel to receive faster and more complete information from the Ramsey County Dispatch Center. This will allow Maplewood's emergency personnel to better serve the public. H. PUBLIC HEARINGS 1. The Shores Senior Housing Development 940 Frost Avenue. a. Land Use Plan Clarification — Gladstone — High (Requires 4 votes) b. Street Right-of-way vacation C. Public easement vacation d. Preliminary Plat e. Conditional Use Permit for Planned Unit Development f. Design Approval 1. Planner, Shann Finwall gave the report. 2. Chuck Ahl, Public Works Director answered questions 3. Link Wilson, Kaas Wilson Architects, answered questions. 4. Denny O'Donnell, representing Walker Methodist, gave a report. 5. Linda Olson, Chairperson, Community Design Review Board, gave a report. 6. Lorraine Fischer, Chairperson, Planning Commission, gave a report. 7. Steve Lukin, Fire Chief, answered questions Mayor Longrie opened the public hearing and the following individuals spoke: (a) Richard Currie, Historical Preservation Commission, 1937 Kenwood Dr W Maplewood. (b) Linda Olson, 2005 County Road C East, Maplewood. (c) Joy Tkachuck, 1088 Gordon Avenue, Maplewood. (d) Jan Steiner McGovern, 1876 East Shore Drive, Maplewood. (e) Mindy MacRunnel, 1890 Adele Street, Maplewood. Mayor Longrie closed the public hearing. August 13, 2007, City Council Meeting 3 CouOC|memberC8ve moved to approve the comprehensive land use amendment resolution. This resolution clarifies the comprehensive land use map definition for the Gladstone high d8nnitv land use designation as follows: Gladstone Hi (G-U): Locations with stacked housing units with densit ranging from 12 to 30 units per acre. Seconded bv Mayor LOnghH. Aveo Ma Lon CnunCj|member's Cave. Hielle berSJuen8m@nn, � The motion failed bv a vote of 3 to 2 (Comprehensive Plan Amendments require 4 Councilmember Cave moved to amprove the public vacation resolution. This resolution is for the public vacation of 20 feet of right-of-way along East Shore Drive and the vacation of a sanitary sewer easement located on the west side of the property at 940 Frost Avenue. Prior to the city recording this resolution, the applicant must complete following: a. The applicant shall grant the city a right-of-entry to complete the sanitary sewer abandonment work. b. The applicant shall dedicate additional right-of-way to the city at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed Seconded by Mayor Longrie. Ayes — All PUBLIC VACATION RESOLUTION 07-08-133 WHEREAS, Link Wilson, Kaas Wilson Architects, Representing the Owner and Developer, Bart Montanari of Dabar Development, has applied for the vacation of a portion of the East Shore Drive right-of-way adjacent the property at 940 Frost Avenue and a sanitary sewer easement located on the west side of the property at 940 Frost Avenue as follows. Right-of-Way: The westerly 20-feet of East Shore Drive running the entire length of the property at 940 Frost Avenue. Sanitary Sewer Easement: Part of E. 10 acres of the W. 20 acres of Government Lot 2 described as follows: Beginning at intersection of W. line of said 10 acres and S'ly line of Frost Ave. as now located; thence "OO' E a distance of811 00 feet to intersection of E. line of said 10 acres and KJ'|y line 0f East Shore Drive; thence N.0l said E. line 18B.J feet; thence VV at ri 8ngheS 87.5 feet; thence NW'k/@t8n angle [f81"57'to the right 8 distance [f813.05 feet to said S.line Of Frost Av8.; thence SVV'|y thereon 17.3 feet, more Vr less to beginning; all in Sec. 1O.T. 29, R. 22, together with that portion Of the above described land S.Of the previously described line August 13, 2007, City Council Meeting 4 which lies \A/ Of@ line running N\A/k/ from the SE corner Gf the said E. 1O acres Of the VV. 20 acres of said Government Lot 2 to @ point 189.02 feet N. of and 5O feet VV. of said SE corner, which easement shall include the perpetual right nf said Village of Maplewood, its successors or assigns, h] construct, maintain, operate and repair underground sewer mains, pipes and appurtenances over and across the strip of land hereinbefore described, together with perpetual easement for ingress and egress, all without additional compensation. WHEREAS, the history of these public vacations iagsfollows: 1 [}n July 17.20O7. the planning commission vacations. The city staff published a notice the abutting property owners. The planninc chance to speak and present written staterT considered reports and recommendations c recommended that the city council approve 2. OO August 13 considered reports and recommendations of WHEREAS, after the city approves right-of-way property will go to the following a Address: 940 Frost Property Identification Number: 16292231 Existing Legal Avenue Connection ield a public hearing about the proposed i the Maplewood Review and sent a notice to ,ommission gave everyone at the hearing a !nts. The planning commission also the city staff. The planning commission 'ie vacation. op038i The city council also staff and planning commission. of the right-of-way, public interest iOthe S`of Frost Avenue 8S described in Document No. 1999021,W'Of lescribed in Document No. 1999021, N'of East Shore Drive as 367903@ndNE'of@|inedescribed as commencing at the center of 9 degrees 32 minutes 38 seconds W, assumed bearing, along the N 2, 1130.00 feet, to the point ofbeginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Pbattng): Lot 1 Block 1 The Shores. August 13, 2007, City Council Meeting 5 NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described right-of-way vacation for the following reasons: 1. The city's proposed road improvements along East Shore Drive do not require such a wide right-of-way, and therefore the vacation of the 20-foot-wide portion of the right-of-way is in the public interest and will allow the applicant additional land for development. 2. Installation of sanitary sewer along East Shore Drive is part of the public improvements planned in connection with the development. As such, the existing sanitary sewer line located on the west side of the property will be abandoned and removed. The sanitary sewer easement will no longer be needed and therefore the vacation of the easement is in the public interest. Prior to the city recording the vacation of the right-of-way and sanitary sewer easement the applicant must complete the following: 1. The applicant shall grant the city a right-of-entry to complete the sanitary sewer abandonment work. 2. The applicant shall dedicate additional right-of-way to the city at the southwest corner of the Frost Avenue and East Shore Drive intersection for the construction of the proposed roundabout. The Maplewood City Council adopted this resolution on August 13, 2007. Seconded by Councilmember Cave. Ayes — Mayor Longrie, Councilmember's Cave, Hjelle, Juenemann Nay — Councilmember Rossbach Mayor Longrie moved to approve the preliminary plat date-stamped April 19, 2007, for the Shores (previously called Lake Phalen Estates) located at 940 Frost Avenue. Approval is subject to the following conditions: a. Have the city engineer approve final construction and engineering plans. These plans shall comply with all requirements as specified in the city engineering department's May 22, 2007 review and SEH engineering consultant's May 17, 2007 review. b. Prior to final plat approval, the following must be submitted for city staff approval: 1 Dedication of drainage and utility easement agreements around all public storm water facilities on the site. 2) Dedication of a 10- foot -wide drainage/utility/pedestrian easement along the south side of Frost Avenue, along the entire northerly boundary of the Shores property. 3) Dedication of an 8-foot-wide pedestrian easement along the proposed trail to be located on the west side of the building running from the Frost Avenue sidewalk to the East Shore Drive sidewalk. 4) Rename the plat The Shores. August 13, 2007, City Council Meeting 6 C. Record all easement agreements with the final plat. Seconded bvCouOCi|mernberCave. Ayes — Mayor Lon8he,COUDCi|rnernber'3 Cave, HU8Ue.JUenennann Nay —Cnund|m8mbSrQ0ssbach K88yOrUonohe moved to al2l2rove the conditional use permit resolution attached in the staff report (Attachment 29). This resolution approves the conditional use permit for a 180 senior housing planned unit development within the Shoreland Overlay District of Phalen Lake. WHEREAS, Developer, Bart Mont@n8hnfO8b8r Development, applied for 8 conditional use permit for a planned unit development [o construct 81BO-unit senior housing complex known 8s The res. WHEREAS, this permit applies tothe following property: Address: 940 Frost Avenue Property Identification Number: 162922310024 Existing Legal Description: That part of Government Lot 2, Sec. 16, T. 29, R. 22, Ramsey County, Minnesota which lies S'of Frost Avenue as described in Document No. 1999021, W' of Frost Avenue Connection as described in Document No. 1999021, N' of East Shore Drive as described in Document No. 367903, and NE'of a line described as commencing at the center of said Section 16, thence S 89 degrees 32 minutes 38 seconds W, assumed bearing, along the N line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, le point being 658.56 feet westerly of the East line of said government lot 2 as measured along the N line of said East Shore Drive and said line there terminating. New Legal Description (After Platting): Lot 1 Block 1 The Shores WHEREAS, the history of this conditional use permit is as follows: 1. (]n July 17.2O07.the planning commission held 8 public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners. The council gave 8v8n/OOe aL the hearing 8 chance t0 speak and present written statements. The planning commission also considered reports from the city staff. August 13, 2007, City Council Meeting 7 2. (}n August 13,2007, the city council reviewed this request. The city council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described COnditiOO8] use permit, b8cGUS8: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code ofordinances. 2. The use would not change the existing Or planned character Vfthe surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, that would be dangerous, hazardous, detrimental, to any person or property, because of excessive i srn0k8, dust, odor, funn8S, water orair p0||UtiOn dc8inGg8, water runoff, vibration, UOSighUiDeSS, e|8dTiC@| interference or other nuisances. 5. The use would generate only minimal vehicular tnc traffic congestion Vr unsafe access on existing ~~~~ or 1 G. The use would b8 served by adequate public facill and fire protection, drainage structures, water and 7. The use would not create excessive aKdditi 8. The use would scenic features into the S. The use would cause mini The engineering engineering plans. These engineering department's 2007 review. 9 ea| streets and would not create services, including StR}BtS, pD|iC8 Vstems, schools and parks. costs tor pubill id incorporate mental effects. ities or services. the site's natural and !nt shall review and determine approval Of all final construction and plans shall comply with all requirements aS specified iO the city May 22, 2007, review and SEH engineering consultant's May 17, 2. All construction shall follow the plans date-stamped April 18.2O07, and with revisions 8s noted in The city council may approve major changes to the p|@O3. City staff may approve minor changes to the plans. 3. The project is approved with 120 underground and surface parking spaces (emphasizing the use nf underground parking) and 3O proof Of parking spaces. This i88 parking reduction Vf 21O parking spaces (30U parking spaces are required per city COde). The applicant shall maximize the use 0f pervious pavers for the surface parking spaces. 4. The project is approved with 8141 square foot floor area reduction in the required unit floor area for the memory care and assisted living units (58Osquare foot units are required per city code; 490 to 509 square foot units are proposed). August 13, 2007, City Council Meeting 8 5. The proj i88pprovedvvdh820-hJ0Lfronty8nd88tb@Ck8k}nQFrD8tAvenUeh}rtheDne-sk}ry kitchen portion of the building (30 front yard setback required per city code). 0. The project is approved with storage space Vf not less than 48 cubic feet for the memory care and transitional care units /120 cubic feet Of storage area per unit required per city COd8\ 7. The project is approved with four floors. 8. All signs OnU1ep must be approved bv the community design rev board. S. Approval is conditioned on the owner constructing or funding neighborhood entry monument sign 8t the intersection 0f Frost Avenue and East Shore Drive. Signage proposal 10. Approval is conditioned on the applicant implementing in terior reflects the previous use of the property as the St. Paul Tourist Cabin site. Signage proposal to be submitted to the Historical Preservation Commission for approval. 11. The approved landscape plan and tree preservation requirements shall be subject to monitoring bv city staff k} assure compliance. Minor modificat b] these pla shall be subject tn review by staff while major rnodifiCaUoms shall require city council approval. 12. The proposed construction must b approval Dr the permit shall end. The city council may extend this deadline for one year. 13 Th city counc shall rev this year. ��� The Maplewood City oK�D0DAu�13 200� �� --- _l r ~ —�~~' ' . Seconded by �� /\voa—K�avorL�n�he,(|Dun{i|nnen�b8�s ' ' ^ ~ Cave, HjeA|e.Juenemann MayorLnnoho Avenue Approval issubject to the applicant doing the following: @. Repeat this rev in two years if the city has not issued a building permit for this b. Prior to issuance of a grading or building permit, the applicant must submit to staff for approval the following items: 1 ) Verification the Shores plat has been recorded. 2\ Have the city engineer approve final construction and engineer plans. These plans shall comply with all requirements 8s specified in the city engineering department's May 22.20O7 review and SEH engineering consultant's May 17. 2007 review. |D addition, the engineering plans should be revised GSfollows: August 13, 2007, City Council Meeting 9 �� = �� �m Tree Preservation: 1 The rev grading plan shall preserve the large specimen cottonwood tree (heritage tree) located On the north side Ofthe property, adjacent Frost Avenue (48-iOchtr88). 2. Rev to the grading plan Showing that the most easterly retaining vv8U i8 shifted to the west to make every effort to preserve the three specimen oak trees and other significant trees in the area. 3. Rev h]the grading plan shifting wall located 0O the north side Cfthe wetland to the north, toward the building, to make every effort to preserve significant trees in this area. � 4. The applicant shall work closely with th department to reduce the size or quantity of rainwater gardens needed on the site in an attempt kJ reduce grading UUinl@tek/ preserve trees. 5. The applicant shall work closely with the city engineer department to reduce the of grading needed along the Frost Avenue and East Shore Drive property lines in8n attempt 0] preserve trees and screen the property from these streets. The applicant shall work closely with the city engineering departmen to reduce rainwater gardens needed nn the site |n8n attempt to reduce grading and ultimately preserve trees. Revision to the grading plan to incorporate pervious pavers or pavement on the following areas: loading dock, northwest patio, parking spaces located in the center of the curved driveway, under the entry canopy, and at the C@r8 venue and East Shore Dhma into the deve|0Dment ifDossib|e. �� �� C) �� �� cation of trash and recycling receptacles throughout the site. The location 0f benches scattered throughout the site, along the trails and Removal of the south driveway on East Shore Drive. Relocation of 0D the west side 0fthe building to wrap 8n}Und the south side of the building and exit onto East Shore Drive, south Cf the driveway. e) Location Vf all required surface and proof Of parking spaces. August 13, 2007, City Council Meeting im Location of a crosswalk on East Shore Drive. Crosswalk to extend from the trail located on the south side of the driveway across the street to the existina trail/sidewalk on the east side of East Shore Drive. M C. 4\ Rev elevations showing: 8) An increase in the height of the loading dock screening fence to 6-feet hi along Frost Avenue. This can b8 accomplished through the use Ofdesign elements proposed on the arcade/trellis to increase the height and create more of a screen to the loading dock. 5) G) 7) b) The proposed northwest patio and entry door on the building elevations. C) The proposed fence around the healing garden. d) Roof vents must b8 placed on the `west side nf the roof if possible. All n} vents must blend into the roofline with compatible colors. Waters Building material samples show " power point presentation presented during the July 24 2007, meeting. �m8 for the project as shown onthe mmunity Design Review Board Enter into 8d eveloper's all public improvements surroundin( the city which will cover the installation of within the oroDertv. 8) Sign a maintenance agreement for the ongoing maintenance of all required rainwater gardens and infiltration basins. AA A cash escrow or an irrevocable letter of credit for all required exterior driveways improvements, The amount shall be 150 percent of the cost of the work. mplete the following before occupying the building: 1 ) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and 3) Install all required landscaping and an in-ground lawn irrigation system for all landscaped areas. 4\ Install all required outdoor lighting. 5) Install all required sidewalks and trails. The lighting and ohOtnmethCS plan iG not approved. The applicant must submit 8revised lighting and ph0t0DlBthcS plan for c0D1DlUDitv des review board 8ppn3v@| which complies with city code and is compatible with the Phase | Gladstone public |nnpn}Yernent8. August 13, 2007, City Council Meeting 11 e. Gi nage is not approved. The applicant must submit 8 sign plan for community desi review board approval. The plan must show a monument sign tnbe located atthe intersection of Frost Avenue and East Shore Drive which announces the entryway to the Gladstone Neighborhood and any exterior SigD8g8 advertising the Shores. L8OdSC8 replace DlSnt/3hO[8| and screening plan iS not approved. The applicant must submit a revised landscape/tree replacement/shoreland screening plans show 1\ Detail of south elevation from the center of Lake Phalen showing compliance with ShVne|8nd screening requirements (code requires that the building b88t least 8O percent screened from the |8kR). 2\ Tree preservation plan shall maximize preservation of the significant/specimen trees on the site. 3\ Landscape plan which shows: @\ Additional plantings in front of the loading dock. bA The locat Of all proposed ground mechanical units which are screened by landscaping. C) The installation of underground irrigation for the landscaped 8re8s. The applicant should explore the Df conservation sensor sprinkler devices which will shut off when it is raining.��� 4) Rainwater garden plantings based on any grading changes. Rainwater gardens to be reviewed and approved bv the city naturalist prior k} issuance of abUi|ding permit. 9- If any required work is not done, the city may allow temporary occupancy if: 1\ The city determines that the work is not essential to the public health, safety or 2\ The above-required letter of credit orcash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall o0nnp|eLe any unfinished exterior improvements by June 1 of the following year if OCCVp8nCy of the building is in the f8|| Vr winter Orwithin six weeks of occupancy of the building if occupancy iSiO the spring O[summer. h. All work shall follow the approved o|8DS. City staff may approve minor changes. Seconded by Councilmember Hjelle. Ayes — All August 13, 2007, City Council Meeting 12 Councilmember Rossbach moved to adjourn the meeting at 11:07 p.m. Seconded by Councilmember Hjelle. The city council meeting will resume Consent Agenda. Ayes — Mayor Longrie, Councilmember's Hjelle, Juenemann, Rossbach Nay — Councilmember Cave August 13, 2007, City Council Meeting beginning with the 13 MINUTES MAPLEWOOD CITY COUNCIL 5:00 p.m., Thursday, August 16, 2007 Council Chambers, City Hall Meeting No. 07-014 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. This meeting is a continuation of the City Council Meeting Monday, August 13, 2007. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present C. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1, 2, 3, 6, 8, 9, 10, 12. Seconded by Councilmember Hjelle. Ayes- All . . . . . . . . . . . . . biar Cave. Ayes- Al I cilmember Juenemann moved to adopt consent agenda item 7. ided by Councilmember Cave. Ayes- All I Councilmember Juenemann moved to adopt consent agenda item 11. Seconded by Councilmember Hjelle. Ayes- All I Councilmember Juenemann moved to adopt consent agenda item 13. Seconded by Councilmember Hjelle. Ayes- All I August 16, 2007, City Council Meeting 1 1. Approval of Claims. Councilmember Juenemann moved Approval of Claims. ACCOUNTS PAYABLE: $ 103,104.17 Checks #73157 thru #73195 Dated 07/17/07 thru 07/24/07 317,072.09 Disbursements via debits to checki Dated 07/13/07 thru 07/19/07 $ 713,718.31 Checks #73196 thru #73265 Dated 07/20/07 thru 07/31/07 $ 124,327.88 Disbursements via debits to checking a Dated 07/20/07 thru 07/26/07 356,993.54 Checks #73266 thru #73311 #REF! 4,521,704.14 GRAND TOTAL Seconded by Councilmember Ayes - All August 16, 2007, City Council Meeting 2 Dated 07/31/07 thru 08/07/07 $ 2,325,301.62 Disbursements via debits to checking account Dated 07/27/07 thru 08/01/07 $ 3,940,517.61 Total Accounts Payable PAYROLL $ 578,561.60 Payroll Checks and Direct Deposits dated 07/27/07 $ 2,624.93 Payroll Deduction check #1002713 thru #1002715 Dated 07/27/07 $ 581,186.53 Total Payroll 4,521,704.14 GRAND TOTAL Seconded by Councilmember Ayes - All August 16, 2007, City Council Meeting 2 2. Donation to Maplewood Police Reserves. Councilmember Juenemann moved ADDroval of the Donation to Maplewood Police Reserves. Seconded by Councilmember Hjelle. Ayes - All 3. Authorization to sign Sprint Agreement for Installation of Signal Amplifying Equipment. It is recommended that authorization be given to sign the Sprint agreement for the installation of signal amplifying equipment. Councilmember Juenemann moved to approve Authorization to sign Spring Agreement for Installation of Signal Amplifying Equipment. Seconded by Councilmember Hjelle. Ayes - All 4. Authorization to Pay Sprint/Nextel Bil It is recommended that authorization be given to pay the the amount of $5,396.18 and authorize all future paymer Councilmember Hjelle Seconded by Councilmember Cave. Ayes - 5. Authorization to Purchase Insurance Agent Servi extel July 13, 2007, invoice in it specific City Council action. Authorization is requested to purchase insurance agent services from Arthur J. Gallagher and Company at a cost of $9,350.00. This company is needed for the renewal of the city's property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. ded by Councilmember Cave. Ayes - All 6. Resolution Accepting Election Judges for the September 11, 2007, Primary Election. Councilmember Juenemann moved to approve accepting Election Judges for the September 11, 2007, Primary Election. August 16, 2007, City Council Meeting 3 RESOLUTION 07-08-135 ACCEPTING ELECTION JUDGES RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2007 Municipal Primary Election, to be held on Tuesday, September 11, 2007. Jeanne Bortz Mary Boyd Ann Marie Breidenstein Joanne Brown JennetbaBunde Joan Button James Byers Luoi||eCohanee JoyoeCarbnrne Jeanette Carle Robert Carr Ann Cleland Debra Cohn Madson Thomas Connelly Colleen Connolly Jason Cooper Marianne Davidson EdwandOeeg LoneoOempoay Maria Deshler Pheoi||oDeVaau Judy Dicks Helen Jean Dickson OianeOroogar Fred DuCharme Audrey Duellman Carolyn Eickhoff Elizabeth Erickson Ann Fallon Lorraine Fischer Mary Fischer Delores Fitzcjerald Roy Gunther Rosie Guthrie OonitaHaock Lisa Hos|eda|en Kathryn Nst|eehad Lloyd Hecht Gordon Heininger Barb Hilliard Constance Hines Gory0nnenkonnp Mary Ho|zemer ShideeHnrton JaanattaHu|et Marie Hunt Lynn Huntoon " Mildred Iversen Gwendolyn Jefferson Chris Jenkins Judith Johannessen Barbara Johnson Carmen Johnson Joyce Jurmu Harold Kirchoff Rosemary Kliever Rosemary Koch Julie Kohuth Joan Kolasa Dennis Kramer Kroll phineKrominga , ella Lackner Claudette Leonard SteveLinnnweki ViLinnoweki Jackie Lockwood Audrey Lodge Delores Lofgron RinhardLofgron Dar|oneLn|porsbonk Shari Lowe-Adams Rebecca Lund Robert LumdOron eNahowald Mahra � Delores Marsh Thomas Maskrey Sharon McGinnis Geraldine Meche JoonMisgen ~ Betty Mossong Gerry Muraski Tina Nguyen James Nieman Louise Nieters Helen Nissen AmnNorberg D. William ( O'Brien Lois Olson Kenneth Paddock David Peh| Mike Popham VViUiamPhofer Karla Radennaoher Carol Roller Holly Rome Fran Rongstad Charles Rowe ElaimaRudeen James Sanford Pau|ineGathann Elmer Sauer Kathleen Sauer Deborah Schmidt K4aryAnn8ohneider HorrietGohpnepfor Louise Schultz VV|Uiann Schulze Ananth Shankor Bob Spangler Louis Spies Tim Staf i Pam Stephanie Sandra Stevens Mary Storm Lorraine Taylor Rita Taylor Jean Theieoan Leila Tillman Franklin Tolbert Oa|eTripp|ar Cecilia Tucker Connie Unger Holly Urbaneki VVi||iann Urbanski Beulah VanQ|arioonn KathyVanderPn|| K4oryVanek Jeremy Vargas-Mulcahy K4oryVatne Phy||isVo|kmon GeneVVandemee GoryVVaennundt Goy|eVVaennundt John Willy De|oresVVitsohon Karen Zaoho Scott Zoger CourtneyZueroher W1aggieZuercher Fosburgh 3 Franzen oFreer io Fry .3oines Diane Golaski Betty Granger Jamie Gudkn( Jaclynn Gunn unariOtte Lampe Anita Larson Lorraine Lauren Donna Lawrence Barbara Leiter Ann Leo Pati Leo Seconded bvC0UDd|0e0b8[HieUe. Aven — A]| August 16, 2007, City Council Meeting Ell 7. Chili's Restaurant Fund Raiser for St. Jude's Children's Research — Fee Waiver. Mr. Mongoven has requested that the $200 fee be waived since this is a fund raising event for St. Jude's. Councilmember Juenemann moved to approve the Chili's Restaurant Fund Raiser for St. Jude's Children's Research — Fee Waiver. Seconded by Councilmember Cave. Ayes - All 8. St. Jerome's Temporary Gambling Resolution and Fee Waivers. Councilmember Juenemann moved to approve the St. Jei and Fee Waivers. TEMPORARY GAMBLING RESOLUTION 07-08-1 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of St. Jerome's, 380 E. Roselawn Avenue, to be used on September 16, 2007. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an endorsement protecting the City was required and received. On behalf of St. Jerome's, Mr. McCauley is requesting that the fees for the event be waived as have been in prior years. Seconded by Councilmember Hjelle. Ayes — All 9. Conditional Use Permit Review — Liberty Classical Academy — 2696 — 2730 Hazelwood Street. It is recommended that the Conditional Use Permit Review for Liberty Classical Academy at 2696 — 2730 Hazelwood Street to be reviewed again in one year. Councilmember Juenemann moved to approve the Conditional Use Permit Review — Lib Classical Academy at 2696 and 2730 Hazelwood Street. Seconded by Councilmember Hjelle. Ayes — All August 16, 2007, City Council Meeting 5 10. Authorize Purchase of Manhole Castings and Covers for City Project 07-01, Brookview Area Street Improvements. It is recommended that the city council approve the purchase of manhole castings and covers from ESS Brothers Inc. in the amount of $19,446.90. Councilmember Juenemann moved to approve the Authorization to Purchase Manhole Castings and Covers for City Project 07-01, Brookview Area Street Improvements. Seconded by Councilmember Hjelle. Ayes - All 11. Approve Storm Water Maintenance Agreement for Walgreen's at Rice and Larpenteur City Project 06-23. Councilmember Juenemann moved to a Walareen's at Rice and Lamenteur Citv MAINTENANCE A THIS AGREEMENT, made and entered intc by and between the City of Maplewood, a municipa ENT Minnesota (hereinafter called "City"), and Rice-1 7, L.L.C., (hereinafter called "Landowner"). Witnesses Purpose. The City has determined that it is purposes and goals to described herein as fol St. Aubin and C Minnesota Subj Alleys Accruing lity the Storm Water Maintenance Agreement for day of August 2007, the laws of the State of scent with the City's plans, regulations, tection system for the property ibit A attached hereto: s Rice Street Addition to the City of St. Paul, Ramsey Co., to Road and Water Works Right-of-Way, Vacated Street and I For Lots 1 Thru 9 and Lots 17 Thru 25 Blk 8. It is understood that the Landowner shall be responsible for installing one (1) VortSentry Underground Hydrodynamic Storm Water Treatment Unit ("Treatment Unit") as shown on Exhibit 1, as well as the one (1) Underground Storm Water Retention System ("Retention System"), and one (1) EcoStorm Underground Hydrodynamic Storm Water Filtration Unit ("Filtration Unit") as shown on Exhibit 2 attached hereto, and the owners from time to time of the Property (the "Owners") shall be responsible for the cost August 16, 2007, City Council Meeting 6 8GSOC8t8d with D18iDt8iOiOg the storm water filtration unit, retSOLk}D avatoD1 and tne8trn8nL Unit. U is further understood that the {}vvnerS Sh8U also be responsible for the regular cleaning and maintenance Cf the filtration unit and treatment unit to insure full working capacity Of each treatment measure. It is understood between the parties that the City shall not be responsible for the initial cost Of installing the Treatment Unit, Filtration Unit and Retention System. This shall be the sole responsibility Cf the Landowner and Owners. 1. Responsibilities ofthe Parties. 8) The Landowner shall beresponsible for any costs related tothe installation of the storm water Filtration Unit, Treatment Unit and Retention System. b\ The Owners shall be responsible hJ maintenance of the storm water Filtration Unit, Retention System and Treatment Unit. ` The Owner shall provide to the City an annual ' inspection '_ report of the maintenance work. City and/or Capital Regions Watershed District ("Watershed District") may, from time to time inspect the site to determine whether or not the storm water Filtration Unit, Retention System, and Treatment Unit are being maintained and operating _ 3. Right of Access. The Landowner hereby grants to the City and the Watershed District the right to enter onto the property to inspect and monitor the Filtration Unit, Retention System and Treatment Unit. |Dthe event the City O[Watershed requires repairs or maintenance tD the storm water Filtration Unit. Retention System or Treatment Unit, the Owner shall have thirty (3O) days in which 1V make said repairs and maintenance. |f the Owner fails t0 make said repairs and maintenance within thirty /30\ days after receiving said notice from the City, they shall grant the City the right to enter August 16, 2007, City Council Meeting 7 on the property to make any repairs and maintenance necessary to make the Filtration Unit, Retention System and Treatment Unit operate to their full capacity. The Owner shall be responsible b3 the City for any and all fees and costs associated with said maintenance and repairs. Any maintenance or repair activities conducted by the City shall be conducted ina way ao[o not block access tO the property or disrupt the operations Of the property and its business, except 83 minimally necessary t0make repairs. 4. Warranty of Ownership. Landowner hereby warrants and represents tnthe City, 8Sinducement to the City to enter into this ent, that Landowner's interest in the property is@Sfee ovvn8c Landowner warrants that he/she has the right and authority to enter into said Agreement. 5. Binding Effect. The terms and provisions of this Agreement shall be binding on all heirs, representatives, successors and assigns of the parties hereto and shall be binding on all owners from time to time of all or any part of the Property and shall be deemed covenants running with the land. References herein to Owners, if there be more than one, shall mean all of them. This Agreement, at the option of the City, shall be placed of record so as to give notice thereof to subsequent purchasers and encumbrancers of all or any part of the Property. Landowner hereby consents to the recording of this Agreement with the Ramsey County Recorder. 6. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or0lthe other party, such notice 0[ demand shall b8 delivered personally 0[ mailed hv United States mail bJthe addresses hereinafter set forth by certified mail. Such notice or demand shall bedeemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses Of the parties hereto for such mail purposes are 8Sfollows, until written notice Df such address has been given: August 16, 2007, City Council Meeting 8 As to the City: /\3b3 the Landowner: City of Maplewood 1902 County Road BEast Maplewood, MN 55109 Rice-17, L.L.C. O01 Marquette Ave. S Suite 100 Minneapolis, MN554O2 IN WITNESS WHEREOF, the City and La executed OD the day and year first above have caused this Agreement to be duly Rice-17, LL'C. TITLE August 16, 2007, City Council Meeting STATE {JFMINNESOTA COUNTY OF RAMSEY The foregoing instrument was acknowledged before n1ethis 2007 b , the Notary Public STATE {JFMINNESOTA COUNTY OF RAMSEY day of I The foregoing instrument was acknowledged before me this, day of . 2O07bv Diana Longh8, Mayor of the City Cf Maplewood, 8 Minnesota municipal corporation. Notary Public Greg Copeland, City Manager August 16, 2007, City Council Meeting 10 COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this, day of . 2O07bv Greg Copeland, City Manager Cf the City of Maplewood, @ Minnesota municipal Notary Public Seconded by Councilmember Hjelle. � Ayes - All August 16, 2007, City Council Meeting 11 12. Desoto Skillman Area Street Improvements, City Project 06-16, Approve Doug Jones Parking Bay Agreement and Assessment Hearing Waiver. Councilmember Juenemann moved to approve the Desoto Skillman Area Street Improvements, City Project 06-16, Approving Doug Jones Parking Bay Agreement and Assessment Hearing Waiver. AGREEMENT This Agreement, dated the 16th day of August 2007, is between the City of Maplewood, a Minnesota municipal corporation (hereinafter "City") and North Maplewood Townhomes, LLC, a Minnesota limited liability company. WHEREAS, the City is undertaking projects known as Desoto Skillman Area Street Improvement, Project Number 06-16; WHEREAS, North Maplewood Town described by address and property identificati( I LLC owns property in the Project Area, bers as: 2019 Desoto: PIN — 172922230001 2007 Desoto: PIN — 172922230002 1993 Desoto: PIN — 172922230003 1997 Desoto: PIN - 172922230093 1994 Clark: PIN — 172922230006 2008 Clark: PIN — 172922230007 2020 Clark: PIN — 172922230008 2025 Clark: PIN -- 172922230009 2011 Clark: PIN — 172922230010 1999 Clark: PIN — 172922230011 1985 Clark: PIN — 172922230012 WHERI sments. hearings for the Desoto Skillman Area Street City and North Maplewood Townhomes, LLC agree to make the -me] North Maplewood Townhomes, LLC represents and warrants to the City that: It has all requisite power and authority to execute this Agreement, and the officer of North Maplewood Townhomes, LLC who did or will execute the same for and on behalf of North Maplewood Townhomes, LLC has the power and the authority to do so and to bind North Maplewood Townhomes. B. It will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Agreement. C. It will cooperate with all reasonable requests by the City related to this Agreement that do not detrimentally affect the basis of the terms of this Agreement. 2. North Maplewood Townhomes, LLC shall perform the following:. August 16, 2007, City Council Meeting 12 A. Pay to the {|Uv $19,20513 in assessments for sanitary sewer on {||@rk Street and parking improvements along Nt. Vernon Avenue for the North Maplewood TOwOhOnleSPpOpertv. The breakdown 0f assessments i3aSfollows: Sanitary Sewer $ 9.827.98 (Assessed t0 1SO5 Clark Street) Parking Bays $ 9,437.15 (Assessed to All Properties) - [ot@| $ 1S North Maplewood Tovvnhonles L[C has been advised of its right to notice and o public hearing and right to appeal concerning the assessments proposed against the North K8ap|evvO0d T0vvOhOOl8S, LLC Property with the 8Dl0UOL t0 be $19.205.13. The assessments are tob8 paid over @ fifteen /15\ year period 8t@n interest rate ofO%. North K8@p|evv0od TDvvnhom88, LL(| expressly agrees to waive the notice of hearing, hearing and its right to appeal said assessments pursuant to Minnesota Statutes Section 429.081. 8L8|. Minnesota case law supports waiver assessment procedures such 8s the right of notice and public hearing. In Re Nemzek, 58 N.W.2d 746 (Minn. 1853). 3. Severability. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 4. Arbitration. It is Re8d by the parties that any differences, dispute or claim which arises under and pursuant to this Agreement or as to the performance thereof by the parties hereto shall be submitted for arbitration to a board of arbitrators consisting of three (3) persons, one selected by the party interested in one side of the dispute, one by the party interested in the other side of the dispute, and a third person mutually selected and agreed upon by the first two arbitrators. Any party shall notify the other party in writing, served by U.S. Mail, certified or registered, postage prepaid, of a dispute, stating the nature of the claim or dispute and the name and address of selected arbitrator. The other party shall serve notice of its selected arbitrator and opposition or other interest in the claim or dispute. The two arbitrators shall select a third disinterested arbitrator within fifteen (15) days after the response notice stated Arbitration shall be commenced within forty-five (45) days of the original notice pursuant to the previous paragraphs hereOf, and all proceedings 3h8U be governed by Minnesota St8tUtHS, Chapter 572. The decision of any two arbitrators shall be binding and conclusive with respect to all claims and disputes submitted in such arbitration proceedings. If 8 party does not respond to an arbitration notice then the party first serving the arbitration notice under the previous paragraph shall be 8OUUed by MOtk]D to oehtOD 8 court of competent jurisdiction for its order selecting and appointing an arbitrator for said defaulting party. Any such determination by the CVUU 8h8|| be fin8|, binding and DODC|ugiv8 83 to all parties in interest. Expenses for the arbitration Sh8|| be divided 8QU@||y among the parties. 5. The [JUv's and North Maplewood TovvnhonxeS obligations under this Agreement shall be condUUon8d, for the Sn|8 benefit of the City and North K88p|8wnOd Tovvnhonn8s upon the August 16, 2007, City Council Meeting 13 A. Contingent upon review and approval of final terms by the City Council. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. NORTH MAPLEWOOD TOWNHOMES, INC CITY OF MAPLEWOOD By: By: Date Diana Lonarie Date Its: Its: Its: August 16, 2007, City Council Meeting 14 MT. VERNON PARKING BAYS MAINTENANCE AGREEMENT THUS AWGREEK8ENT, made and entered into this 10th day Of August 2007. by and between the City of M8p|8vv0Od a municipal corporation under the |8vv3 of the State of Minnesota (hereinafter called ^Cib/'), and North K88p|8vvDod Tovvnhornes LLC 8 limited liability CDnnp8ny' (hereinafter called "Owner"). 1. The City has determined that it is consistent with the City's plans, regulations, purposes and goals t0 prov parking bays for the follow properties @s indicated bvaddress and property identification number: 201S Desoto: PIN —172923230UO1 2OU7 Desoto: PIN —17292223O002 1983 Desoto: PIN —1729232300U3 1897 Desoto: PIN -172822230U83 1094 Clark: PIN —1729222300O5 20O8 Clark: PIN —17293223UO07 3O20 Clark: PIN —1 2025 Clark: PIN — 1 2O11 Clark: PIN —1 109S Clark: PIN —1 1985 Clark: PIN —1 UiSUDd iDSt@U 3 — p8dd hereto ("Parkin( |gible N for financing the cost b3 have the city the locations shown on Exhibit A attached bays are located within the City's right Ofway portion of the parking bays located within the the parties that the {|hv shall not be responsible for the inUU@| igOingm8intengOce costs, which shall be the sole responsibility related to the installation of the C) �0 �� e) The Owner shall poSi the parking bays as No Park for Periods Longer than 24 Hours. The Owner shall b8 responsible for enforcing the 24 hour parking limit. The Owner shall DOL post or utilize the parking bays for the 8xC|USiv8 use of the tenants of the properties described above. The Owner shall be responsible for the maintenance and upkeep of the parking bays and for snow removal in the parking bays. The Owner shall be responsible for the cost of restoring the parking bays in the CiP:UDl3L@Dc8 that the City must enter OOb3 the Parking Bays for C0OSLnJCLi0D required in the right of way. August 16, 2007, City Council Meeting 15 fl The City shall b8 responsible for the cost Of repairing damage done b3 the Park Bays caused bv City vehicles performing routine street maintenance such 88snow plowing and street sweeping. City vehicles shall not drive on the parking bays. 4. Warranty of Ownership. Owner warrants that it has the ri and authority to enter into this Agreement. 5. The terms and prov nf this Agreement shall be binding on all heirs, representat successors and assigns of the parties hereto and Sh8U be binding OO all Owners from time to time of all or any part of the Property and shall be deemed covenants running with the land. References herein tV Owner, if there be more than one, shall mean all of them. This Agreement at the OpU0D of the City. Sh8|| be placed of [eCOnd GO as b3 give notice thereof to subsequent purchasers and encumbrancers of all or any party of the Property. Owner hereby consents to the recording Of this Agreement with the Ramsey County 8. Notices. Whenever d shall borequired or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice Drdemand Sh8|| be delivered personally or mailed by United States mail to the 8ddne3G8G hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered || with the above. The 8UdregSS3 of the parties hereto for such purposes are as follows UOLi| vv[iUBO DOtiC8 of change of such addresses has accordance herewith: As to the City: City Of Maplewood 1902 County Maplewood, MN 55109 As to the Owner: North Maplewood Townhomes, LLC 2505 Silver Lane N.E. Minneapolis, MN 55421 IN WITNESS WHEREOF, the City and Developer have caused this Agreement hobeduly executed 0n the day and year first above written. [61TA ki 1:4� North Maplewood Tovvmhmmmes,LLC Its August 16, 2007, City Council Meeting 16 STATE OF MINNESOTA COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this 16 th day of August 2007 by -, the of North Maplewood Townhomes, LLC. Notary Public CITY OF MAPLEWOOD wm�• V • STATE OF MINNESOTA COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this 16th day of August 2007, by Diana Longrie, Mayor, of the City of Maplewood, a Minnesota municipal corporation. Greg Copeland, City Manager STATE OF MINNESOTA [C0111 Z I awe] 0 OWT- kyl 6 Notary Public The foregoing instrument was acknowledged before me this 16th day of August 2007, by Greg Copeland, City Manager, of the City of Maplewood, a Minnesota municipal corporation. Notary Public Seconded by Councilmember Hjelle. Ayes - All August 16, 2007, City Council Meeting 17 13. Brookview Area Street Improvements, (Noise Berm Maintenance Agreement), City Project 07-01, Approve Resolution Authorizing Maintenance Agreement with Mn/DOT. Councilmember Juenemann moved to approve the Brookview Area Street Improvements, (Noise Berm Maintenance Agreement), City Proiect 07-01, Approving the Resolution Authorizing Maintenance Agreement with Mn/DOT. CITY OF MAPLEWOOD RESOLUTION 07-08-137 IT IS RESOLVED that the City of Maplewood enter i State of Minnesota, Department of Transp To provide Noise Berm Maintenance for the Tf corporate limits of the City of Maplewood upon Agreement. IT IS FURTHER RESOLVED that the City of Map Manager, Greg Copeland are authorized to exeCL n/DOT Agreement No. 90966 with the following purposes: ME the Road interchange within the ditions set forth in the , Diana Longrie, and the City August 16, 2007, City Council Meeting 18 CERTIFICATION State of Minnesota City of Maplewood I certify that the above Resolution is an accurate copy of the Resolution adopted by the City Council of the City of Maplewood at an authorized meeting held on the day of 2007, as shown by the minutes of the meeting in my possession. Subscribed and sworn to before me this ,2007 Myjam My Commission Expires (Signature) (Type or Print Name) (Title) August 16, 2007, City Council Meeting 19 1 l olm UA PREPARED BY Mn /DOT METRO DISTRICT AGREEMENT NO. MAINTENANCE OPERATIONS 90966 T TT Ppiq THE STATE OF MINNESOTA, DE PARTMENT OF RA •�� 1 THE CITY OF MAPLEWOOD- - - - - -- FOR Noise Berm Maintenance for the McKnight Rd and TH 94 interchange within the corporate limits of the City of Maplewood upon the terms and conditions set forth in this Agreement. THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Maplewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City ". August 16, 2007, City Council Meeting NE WHEREAS, City completed construction of the noise berm within the City limits including engineered fill, grading, and turf establishment, in accordance with City consultant prepared plans, specificat and prov for which the construction project had been desi State Aid Project NO. 138-148-01. 138-149-01; and WHEREAS, State and City are empowered to enter into agreements pursuant to Minnesota Statutes Section 471.58;and WHEREAS, pursuant to Minnesota Statutes, Section 1G1.38, the parties desire toenter into an agreement relating to the routine maintenance of portions of the noise berm ad Lo Trunk Highway 94 upon the terms and conditions set forth in the Agreement. A. City shall provide for the proper mai ntenance the State. Maintenance shall include i nspection perpetuate the noise berm in a safe and usable cor B. The City shall hold the failure to maintain the, C. K either party needs t0modify nnOdUDoatoDs and. if needed. ( D. The State retains its authority to advertising permits, drainage pE from an � I noise be N berm without cost Or expense t0 )n repair necessary kz claims due to maintenance of or and City will agree to those nce agreement. er, issue, and regulate access permits, si d permits to install new utilities on trunk highway The City agrees to maintain the noise berm, without cost ov expense tVthe State, in cons ideration of the State permitting Cit construction Of the noise berm 0Otrunk highway right �ement will be in effect un til superseded bv another agreement between State or until such time that the noise berm iSremoved. |\( A. State's Authorized Representative for the purposes of the administration of this Agreement is Beverly Farraher, Assistant District Engineer - Maintenance, Minnesota Department Of Transportation Metro District, 1500 West County Road B2. Roseville, Minnesota 55113 her successor. B. The City's Authorized Representative for the purposes [f the administrat Cd this Agreement i8 R. Ch8rlesAh|. City Engineer, City OfMaplewood, 1830 East County Road B. Maplewood, PWN5510g his successor. August 16, 2007, City Council Meeting 21 C. State's Authorized Representative will have final authority for acceptance of maintenance services performed by City under this Agreement. V. ASSIGNMENT A. No party will assign or transfer any rights or obligations under this Agreement, in whole or in part, without prior written consent of the other. B. All contracts and agreements made by any party with additional parties for the performance of any work to be done under this Agreement will be made in accordance with the terms of this Agreement and comply with State of Minnesota law. C. This Agreement will not be construed as a relinquishment by State of any powers or control it may have over the trunk highway covered under this Agreement. V1. MERGER/AMENDMENTS This Agreement contains all negotiations and agreements between the State and City. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. Any amendments to this Agreement must be in writing, and must be executed by the same parties who executed the original Agreement, or their successors in office. VII. LIABILITY A. The employees and agents of the City will not be deemed to be employees of the State for any reason. B. Each party will be solely responsible for its own acts and omissions, the acts and omissions of its employees, and results thereof to the extent authorized by law. The parties will not be responsible for the acts of any others and the results thereof. C. Liability of State will be governed by the provisions of Minnesota Statutes Section 3.736 and liability of City will be governed by Minnesota Statutes Chapter 466. This clause will not be construed to bar any legal remedies each party may have for the other party's failure to fulfill its obligations pursuant to this Agreement. D. Each party to this Agreement will defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. Each party will be solely responsible for its own employees for any workers compensation claims. Ix. CIVIL RIGHTS The City must comply with the provisions of Minnesota Statutes Section 181.59, and any applicable local ordinance relating to civil rights and discrimination. August 16, 2007, City Council Meeting 22 X. STATE AUDITS The books, records, documents, and accounting procedures and practices of the City, relevant to this Aon8enlert will be subject to examination by the K4n/DC}T/\uditor, the Legislative Auditor, or the State Auditor, as appropriate, for no |eSS than six years following the expiration of this Agreement. In DATA PRACTICES The State and the City must comply with the Minnesota Data Practices Act Minnesota Statutes Chapter 13.@8k applies k} any provided tDorbv8party t0 this agreement. )O| Before this Agreement will become binding and effective, it must be City of Maplewood City Council resolution, and be executed and City officers as provided by law. |N TESTIMONY WHEREOF the ^ parties h@v8execUhBdLhisAop8ern8ntthn}VghtheirdU|y authorized officials: ~ DEPARTMENT OF TRANSPORTATION in ct Engineer — Metro District Maintenance as Metro District Authorized Signature Date August 16, 2007, City Council Meeting 23 Date Authorized Signature Print Name: Seconded by Councilmember Hjelle. Ayes - All August 16, 2007, City Council Meeting 24 None. H ki Ul I Z I [A 0 1:1111 - .11RI I Z I I Approve Retaining Schoell Madson for Finalization of South Maplewood Land Use Study. Councilmember Cave moved to approve hiring Schoell Madson at a cost of $14,070.1 Seconded by Mayor Longrie. Ayes - L. NEW BUSINESS 1. Intoxicating Liquor License — Chao Lee — Nickelby's Ba a. Karen Guilfbile, City Clerk, Citizen Services Manager, gave the b. Chao Lee, Oakdale, addressed the council. Councilmember Cave Seconded by Councilmember Hjelle. Ayes - All 2. Approve Retaining Schoell Madson to: a. Update the Parks, Trails and Open Space Element of the Comprehensive Plan in 2007. City Manager, Greg Copeland recommended tabling this item in order for city staff to do further historical research regarding the document. City staff will bring this item back to the city council for review. Councilmember Juenemann moved to table the Updating of the Parks, Trails and Open Space Element of the Comprehensive Plan in 2007 in order for city staff to bring further information back to the city council. Seconded by Councilmember Hjelle. Ayes — All b. Update Nine Elements of Comprehensive Plan in 2008. Councilmember Hjelle moved to table Updating Nine Elements of Comprehensive Plan in 2008. Seconded by Councilmember Juenemann. Ayes - All August 16, 2007, City Council Meeting 25 3. Crestview Forest Improvements — Deer Ridge Lane — City Project 06-21 a. Public Works Director, Chuck Ahl gave the report. Councilmember Juenemann moved to accept the resolution Accepting Project Plans and Specifications. RESOLUTION 07-08-138 APPROVING PLANS WHEREAS, pursuant to resolution passed by the city council on July 9th, 2007, plans and specifications for the Crestview Forest Improvements, City Project 06-21, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city engineer. Seconded by Councilmember Hjelle. M2 Juenemann ON Ayes -- All -08-139 ASSESSMENT ROLL -AS, the city engineer will assign day labor for the Crestview Forest (Deer Ridge Lane), City Project 06-21, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF :)LEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate proper amount to be specially assessed for such improvement against every assable lot, piece or parcel of land abutting on the streets affected, without regard to 'i valuation, as provided by law, and they shall file a copy of such proposed E)ssment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Councilmember Hjelle. Ayes -- All August 16, 2007, City Council Meeting 0 Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing on September 10, 2007. RESOLUTION 07-08-140 ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Crestview Forest Improvements (Deer Ridge Lane), City Project 06-21, 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 A' !!D MINNESOTA: 1. A hearing shall be held on the 10th day of September 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 directe proposed assessment to be published in the c the hearing, and to mail notices to the owners �Se a notice of the hearing on the ewspaper, at least two weeks prior to 'operty affected by said assessment. 3. The notice of hearing sl general nature of the improvement the assessment roll is on file with the clerk will be considered. Councilmember Hjelle. the date, time and place of hearing, the e assessed, that the proposed angineer and that written or oral objections Ayes — All August 16, 2007, City Council Meeting 27 4. Ferndale Geranium Area Street Improvements, City Project 07-14, Approval of Budget Adjustment for Sanitary Sewer I and I Improvements. a. Public Works Director, Chuck AN presented the report. Councilmember Juenemann moved to approve the Ferndale Geranium Area Street ,Improvements, City Proiect 07-14, Approval of Budget Adiustment for Sanitary Sewer I and I Improvements. Seconded by Councilmember Hjelle. Ayes — All 5. Lark Prosperity Area Street Improvements, City Project 07-15, Approval of Budget Adjustment for Sanitary Sewer Lining of Kenwood Neighborhood. a. Public Works Director, Chuck AN presented the report. Councilmember Juenemann Kenwood Neighborhood. Seconded by Councilmember Hjelle. Ayes — All M. COUNCIL PRESENTATIONS M1. National Night Out — Councilmember Juenemann thanked everyone that was involved in making National Night Out on August 7, 2007, a success. M2. Old Gladstone Fire Station Parcel — Mayor Longrie spoke about the old Gladstone Fire Station Parcel and asked staff if due to the location of this parcel the city had ever thought of selling this parcel. M3. City Website Updated — Mayor Longrie said she has received questions from concerned citizens who have stated they have enjoyed having the packets and minutes available to view on the city website for the City Council, Planning Commission, Community Design Review Board and Housing Redevelopment Authority but have asked why the Park and Recreation Minutes and the Environmental and Natural Resources Commission do not have any packet information or minutes available online. Chuck AN said the staff in Public Works is working on that. N. ADMINISTRATIVE PRESENTATIONS N1. Dismissal of the Data Practices Case by Nancy Lazarvan. City Attorney, Alan Kantrud reported on this case. Mayor Longrie adjourned the meeting at 6:10 p.m. August 16, 2007, City Council Meeting 28 TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Ferndale-Geranium Area Street Improvements, Project 07-14 1. Assessment Hearing, 7:00 p.m. 2. Approve Resolution for Adoption of Assessment Roll 3. Approve Resolution for Awarding of Bid DATE: August 27, 2007 All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the September 10, 2007 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. It should be noted that the assessment roll currently proposed for adoption has changed from the assessment roll accepted on July 23 These changes are highlighted in this report. Final plans and specifications for the Ferndale-Geranium Area Street Improvements were approved by the city council on July 23 2007, and authorization was given to advertise for bids. Those bids were received and subsequently opened on Wednesday August 22 2007. The city council should also consider approving the attached resolution approving the award of bid following the assessment hearing and the adoption of the assessment roll. The city council ordered the preparation of the feasibility study at the June 11 2007 regular meeting. On July 9 2007 the city council accepted the feasibility report and ordered the public hearing. Street improvements for this neighborhood were listed on the city's capital improvements project plan for 2008 but the city council is now considering the project for 2007. The project involves the complete reconstruction of approximately 1.2 miles of residential streets and affects approximately 128 properties. The majority of streets in the project area have existing concrete curb that may only be partially reconstructed depending on the required utility work and existing curb condition. The section of Geranium Avenue between Ferndale and Century has no existing curb. This section is proposed to utilize a full barrier curb and gutter street design. The rainwater garden program and driveway replacement program will be utilized for this project. Storm sewer improvements along with sanitary sewer repairs are proposed. Watermain is proposed to be installed along Geranium Avenue between Ferndale and Century, including service lines, gate valves, and hydrants. A neighborhood meeting was held on July 1 9th ,2OO7 to discuss the proposed project with residents. At this meet the residents were provided with on overview Of the proposed project 8ndthe3tneetr8COnStruotion process. They were also given the opportunity tV ask any questions they had regarding the project. The proposed project schedule anticipates construction beginning as early as Se 2007and completion of the project in November of 2007. Only costs related to the street improvements are proposed hnbe assessed and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method Vf assessment is the same as was outlined in the feasibility study. The pnOp0SSd assessments will be for costs relating to the street and utility improvements to the benefiting properties abutting the project Gtr88Ls. The assessments for the street and storm are shown below. The assessment rate for new watermain, currently being proposed along Geranium Avenue east of Fernd8|e, iS also shown below. Residential Rates: * $4 /unit for full street reconstruct (adding 0r replacing curb &gutbeh. ° $3,700 /unit for partial street reCVnGinJ[tk]n (utilizing existing curb & gutter). * $4,1U0 /unit for new vvatenn8in insL8||8UOn * $820 /unit for storm sewer assessment. COmrD8[Cka| Or k8UKiF@nlik/ Rates: ~ $99.20 /Front Ft. for full street reconstruction (adding or replacing curb & gutter). ~ $74.00 /Front FL for podio| street r9cODstRJCd0n (utilizing exist curb & gutt * $184O/Fnont Ft. for storm sewer assessment. The total amount proposed LVb8 assessed iS$538.2Y8.0U. Award of Bid u <�ODtr@CtOr bids were [GCGiv8d and publicly F8od o|OUd at 10:00 a.m., on Wednesday, August 22 n. 2007. The following eleven bids were received and read G|OUd as follows: All bids have been checked and tabulated. The engineer's estimate for the project vv8s $1,757,137.00 for the Base Bid and $1 for the Base Bid + Alternate A. The low bid from T.A`SChifSkv and Sons Inc. of $1.4Y5.829.18 for the Base Bid + Alternate A|s about 24% less than the engineer's construction Contractor Base Bid Base + Alt. A 1\ T��SnhKskv and Sono.|no. $1.263.127.17 $1/475.929.10 2\ Danner Inc. $1.301.082.90 $1.562.182.77 3\ ||8rdhv8S|DC. $1/417,235.38 $1 4) Arnt Construction $1.421 $1.573 5\ Tower Asphalt Inc. $1.450 $1.870 G\ FnaU8|0n8Co. $1.443.488.42 $1.680.500.92 Y\ MaxGt8ining9r $1.581.813.23 $1.785.101.43 8) P@|dG and Sons $1 $1 9) Forest Lake Contracting $1 $1 10\Arcon{|onstnJtLi0n $1.831 $1.899 11) Park Construction $1.780.290.87 $2.022.508.27 All bids have been checked and tabulated. The engineer's estimate for the project vv8s $1,757,137.00 for the Base Bid and $1 for the Base Bid + Alternate A. The low bid from T.A`SChifSkv and Sons Inc. of $1.4Y5.829.18 for the Base Bid + Alternate A|s about 24% less than the engineer's construction cost estimate. The city has worked successfully with T.A. Schifskv and Sons Inc. in the past; most recently being On the Desoto-Skillman Street Improvements, City Project 06-16. Changes toAssessment RmUi As was stated eGdi8�changes to the 8sSRsSnn8nLnd|accepted 8t the July 2v CoVn�|nleeUngvvRn8 necessary. The maj of these changes relate k) the discov that the most oJ the properties along Geranium Avenue were previously assessed for storm sewer. The changes are highlighted below. 1. 1122 Ferndale StmmmtN — Chongadbokwoneaidentio|unitahomonndueLothnobi|ityhzr the lot tobe split /+$3.7OU\;also added fees for sanitary and water service extensions to proposed lot-split /+$S,400\. Total Assessment changed from $3,700t0$18.88O. 2. 256J Geranium Avenue E — ChanQedLohworaeidantia|uniLnfromoneduatnLhaunit being o duplex /+$3 Total assessment changed from $3.YO0to$7.4OO. 3. 2627 Stillwater Road — Changedfrorn o full street reconstruction rate to o podio| street reconstruction rate (-$5.394.4O). Total assessment changed from $21.5284OtO$18.132. 4. 2637 Stillwater Road — Changed from G full street reconstruction rate to @ partial street reconstruction rate (-$2 Total assessment changed from $1O 5. 2637,2638.2645,2648(2),2666,2674,2682,268J,2691.2692.2700,2701. and 2707 Geranium Avenue, - Removed the Storm Sewer Assessment due to record of previous payment of8 storm sewer assessment /-$820.U0\. Total assessment changed from $S.88U to $9,060. 0. 2657 Geranium Avenue - Removed the Storm Sewer Assessment due t0 record Of previous payment of8 storm sewer assessment ('$2.400.00). Total assessment changed from $2S.840k}$27.180. The assessment statements that were mailed to the residents already reflect the changes shown above. The total amount b3bR assessed was subsequently reduced from $541.127.2Oho$530 parcels and the changes Lo their assessments are listed in the attached resolution individually. Assessment Objections Filed 1. As of August 22, 2007 staff has received the following objections to the proposed assessments: 8. Parcel 252S22130085— Richard and Virginia VV8inho|d;2815 Stillwater Road Mr. and Mrs. Weinhold object to the assessment based upon a senior citizen financial hardship. b. Parcel 252022120O1S- John NickO|GUS and Keith Johnson; 114OEv8rStreet Mr. Nickolaus and Mr. Johnson object to the assessment based upon financial hardship. Staff will review all objections and provide the city council recommendations for motion at the September 1 oth , 2007 city council meeting. The proposed assessments are part Ofthe project financing plan, approved in July 0f2007. Any assessments that may ultimately be reduced Vrdeferred will have an impact Vn the tax levy. Astatement Of tax levy impact will b8 made for the September 1O"' council meeting when all the assessments objections and recommendations are considered. RECOMMENDATION It is recommended that the city council approve the attached Resolutions for the Adoption of the Assessment Roll and Award of Bids for Ferndale- Geranium Area Street Improvements, City Project 07 -14. Attachments: 1, Resolution: Adoption of the Assessment Roll 2. Resolution: Award of Bid 3. Assessment Roll 4. Location Map 5. objection Letters RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant Noresolution adopted by the City Council on July 23oL2O07. calling for uPublic the assessment roll for the Area Sincct Improvements, City Project 07-14, was presented ion Public Hearing format, pursuant to Minnesota Statutes, Chapter 429,and WHEREAS, due to clerical errors in the previously accepted assessment roll, the following changes were necessary, and the assessment roll shall be amended as follows: l. Parcel UD252922|1O033-1i22Ferndale SbeetN — C io two residential units from one due Vothe ability for the lot to be split (+$3,70N;also added fees for sanitary and water service extensions Wproposed (+$9,460). Total Assessment changed from $3,700 to $10,860. 2. Parcel lD25292212O18X-25h3Geranium Avenue E— Changed to two residential units from one due 1othe unit being u duplex (+$3,7UO). Total assessment changed from $3,70Otp $7,400. 3. Parcel ID 252922140001 — 2627 Stillwater Road — Changed fi a full street reconstruction rate to a partial street reconstruction rate (-$5,394.40). Total assessment changed from $21,526.40to$l6,|32. 4. Parcel ID 252922110035 — 2637 Stillwater Road — Changed from a full street reconstruction rate to a partial street reconstruction rate (-$2,37h.8U). Total assessment changed from $|0,8|2.8Uto$8 5. Parcel ID 252922110031 — 2638 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment ofus|000 sewer assessment (-$82O.O[). Total assessment changed from $9,880|o $9,060. 6. Parcel ID252922ll002Y-2648 Geranium Avenue - Removed the Storm Sewer Assessment due to record ot previous payment ofustorm sewer assessment (-$820.UO). Total oomcmmoncut changed from $9,880 to $9,060. 7. Parcel ID 252922110030 — 2648 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment o[ustorm sewer assessment <-$82U.U[A. Total aoacoaozcnt changed from $9,880 to $9,060. D. Parcel ID 252922110016 — 2637 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment o[uaioon sewer assessment /-$02O.O[A. Total assessment changed from $9,800io $9,060. 9. Parcel l[)252922l1O0|7-2645 Geranium Avenue - Removed the Storm Sewer Assessment due iu record o[ previous payment ofustorm sewer assessment <482O.UO>. Total ooa0000ncot changed from $9 0n $9 |U. Parcel UO2529221lOU|8-2657 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment m[o storm sewer assessment (-$2 Total assessment changed from $29,64U to $27,180. ll. Parcel ID252922llO02O-2666 Geranium Avenue - Removed the Storm Sewer Assessment due iu record o[ previous payment otu storm sewer assessment (-$X2U.00). Total assessment changed from $Y"0X0to $9"060. 12. Parcel ID 252922110027 — 2674 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment m[ostorm sewer assessment <-$820.00A. Total uuacuaozcnt changed from $9 10 $9 13. Parcel D0252922llUO26-2682 Geranium Avenue - Removed the Storm Sewer Assessment due \m record o[ previous payment ofus|000 sewer assessment (482O.O[). Total assessment changed from $9,880|o $9,060. 14. Parcel ID252922ll00|Y-268] Geranium Avenue - Removed the Storm Sewer Assessment due to record ot previous payment ofustorm sewer assessment (4820.UO). Total oomcmmoncut changed from $9,880 to $9,060. 15, Parcel ID 252922110020 — 2691 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment o[ustorm sewer assessment <-$82U.U[A. Total aoacoaozcnt changed from $9,880 to $9,060. 16. Parcel ID 252922110025 — 2692 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment o[uaioon sewer assessment /-$02O.O[A. Total assessment changed from $9,800io $9,060. 17. Parcel l[)252922l1O024-270O Geranium Avenue - Removed the Storm Sewer Assessment due iu record o[ previous payment ofustorm sewer assessment 00>. Total ooa000mcot changed from $9,880 0n $9,060. 18. Parcel ID 252922110021 — 2701 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment m[ostorm sewer assessment (-$820.0[). Total uuacuaozcnt changed from $9 10 $9 19. Parcel ID 252922110060 — 2707 Geranium Avenue - Removed the Storm Sewer Assessment due to record of previous payment o[u storm sewer assessment (-$820.0C). Total oosemsuzoni changed from $Y,Q8800 $9,060. And, WHEREAS, the following property owners have filed objections tu their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized uofollows: u Parcel 252922l3UOh5— Richard and Virginia Wcbnbokt2hl5 Stillwater Road Mr. and Mrs. Weinhold object to the assessment based upon a senior citizen financial hardship. b. Parcel 252922l200/6— John Nbokokxm and Keith Johnson; ll46EvurStreet Mr. Niokobus and Mr. Johnson object to the assessment based upon financial hardship. NOW THEREFORE, DE[I RESOLVED Bl, THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: l. That the City Engineer and City Clerk are hereby instructed tu review the objections received and report to the City Council at the regular meeting on September l0,2007,asWtheir recommendations for adjustments. 2. The assessment roll for the Area Street Improvements as amended, without those property owners' assessments that have filed objections, ncopy of which io attached hereto and made upart hereof, is hereby adopted. Said assessment roll shall constitute the special uoacaumeul against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual bzmkalhncoim extending over u period ofl5 years, the first installments lobc payable onmr before the first in January 2OU8 and shall bear interest u{ the rate of 0.0 percent per unounn for the date of the adoption of this assessment resolution. Tothe fimlinstallment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property m assessed may, at any time prior to certification of the assessment m the county auditor, but no later than October l, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment im paid within 30 days from the adoption of this resolution; and they nuuy o1 any time uUcr October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued \o December 3l of the year iu which such payment immade. Such payment must bcmade before November l5or interest will be charged through December 3l of the next succeeding year. 5. The city and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit ucertified duplicate of this assessment to the county auditor toie extended oo the property tax lists of the county. Such assessments shall be collected and paid over the same manner usother municipal taxes. Adopted hv the council onthis 27 1u day oi August 2007. RESOLUTION AWARD OF BIDS NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons Inc., in the amount of $1,475,929.16 is the lowest responsible bid for the construction of Ferndale- Geranium Area Street Improvements —City Project 07-14, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 27 day of August 2007. N August 23, 2007 Re: City of Maplewood Ferndale-Geranium Area Street Improvements City Project No. 07-14 SEH No. A-MAPLE071 1.00 Honorable Mayor and City Council City of Maplewood 1830 E. Co. Rd. B Maplewood, MN 55109 On Wednesday, August 22, 2007, at 10:00 a.m., 11 bids were received for the referenced project. A summary is shown below in order of Base Bid plus Alternate A. The bid tabulation is enclosed. Contractor Base Bid Alt. A Base Bid Plus Alt. A 1 T.A. Schifsky & Sons, Inc. $1,263,127.17 $212,801.99 $1,475,929.16 2 Arnt Construction $1,421,256.04 $152,226.00 $1,573,482.04 3 Danner Inc. $1,391,062.96 $171,119.81 $1,562,182.77 4 Tower Asphalt I nc. $1,450,571.90 $220,075.20 $1,670,647.10 5 Hardrives Inc. $1,417,235.36 $203,840.02 $1,621,075.38 6 Max Steininger Inc. $1,561,613.23 $223,488.20 $1,785,101.43 7 Frattalone Co. Inc. $1,443,488.42 $247,072.50 $1,690,560.92 8 PaIda and Sons Inc. $1,565,875.41 $189,597.00 $1,755,472.41 9 Forest Lake Contracting Inc. $1,577,260.77 $189,699.29 $1,766,960.06 10 Arcon Construction $1,631,961.24 $267,965.25 $1,899,926.49 11 1 Park Construction $1,780,290.87 $242,217.40 $2,022,508.27 Engineer's Estimate $1,757,137.05 $178,673.00 $1,935,810.05 Based on the Base Bid plus Alternate A, the low bid received was submitted by T.A. Schifsky & Sons, Inc., of North St. Paul, Minnesota in the amount of $1,475,929.16. This contractor has worked in the City of Maplewood on projects of various sizes. SEH engineers can conclude that T.A. Schifsky & Sons, Inc. has the experience and ability to complete a project of this size. Accordingly, we recommend the project be awarded to T.A. Schifsky & Sons, Inc. in the amount of $1,475,929.16, based on their Base Bid plus Alternates A, which compares favorably with the engineer's estimate shown above. Please call if you have any questions. Sincerely, 9 4� Steven F. Heth, PE Project Manager Enclosure A ',1Sp3020 -7 \projects�KO'M' 100\Repor(s&SpecsTemda1e Geranium SpecsVecawardlmdoc Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 SEH is an equal opportunity employer I www.sehinc.com 1 651.490.2000 1 800.325.2055 1 651.490.2150 fax FERNDALE - GERANIUM AREA STREET IMPROVEMENTS ASSESSMENT INFORMATION CITY PROJECT 07 -14 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE MULTI - FAMILY FRONT FOOTAGE STORM ASSESSMENT' WATERMAIN ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 252922110052 2728 GERANIUM 0 CENTURY AVE N 350 $5,740.00 $34,720.00 $40,460.00 252922120016 JOHN D NICKOLAUS 1146 EVAR ST 30 NIA $2,220.00 $2,220.00 252922120015 TAMARA J WESTPHALL 1142 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120046 GARY E ERICKSON 1144 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120071 SAMUEL A RIVARD 1147 EVAR ST N 28 NiA $2,072.00 $2,072.00 252922120045 DOLORES C MCCORMICK TRUSTEE 1148 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120070 DOLORES L REESE 1149 EVAR ST N 23 NIA $2,072.00 $2,072.00 252922120017 TERRI J DAVIS 1152 EVAR ST N 30 N/A $2,220.00 $2,220.00 252922120044 SUZANNE H ODONNELL 1154 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120018 ROY E GINN 1156 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120043 MARIANNE DAVIDSON 1158 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120019 ESTER KATHLEEN QUINLEY 1162 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120042 JMW INVESTMENTS LLC 1164 EVAR ST N 30 NiA $2,220.00 $2,220.00 252922120020 FRED M GORKA 1166 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120041 NADIA KAMARA LEWIS 1168 EVAR ST N 30 NIA $2,220.00 $2,220.00 252922120086 THOMAS M WIND 1127 FERNDALE AVE 1 NIA $3,700.00 $3,700.00 252922120001 JEFF J MCCLURE 0 FERNDALE ST N NIA $0.00 252922130066 ANDREW J BLOOMQUIST 0 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120118 JAMES F WEINGARTZ 1091 FERNDALE ST N 1 NIA $3,700 -00 $3,700.00 252922120117 ROBERT E WARN 1101 FERNDALE ST N 1 NiA $3,700.00 $3,700.00 252922110061 JOHN C CAPISTRANT 1106 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120116 THOMAS G MUELLNER SR 1111 FERNDALE ST N 50 NIA $3,700.00 $3,700.00 252922110054 TRACY K ROY 1112 FERNDALE ST N 1 N/A $3,700.00 $3,700.00 252922120115 THOMAS G MUELLNER SR 1113 FERNDALE ST N 50 NIA $3,700.00 $3,700.00 252922110033 MIKE SELLERS 1122 FERNDALE ST N 2 NIA $9460.00 $7,400.00 $16,860.00 252922110032 KENNETH H DUROSE 1124 FERNDALE ST N 1 NIA $3,700 -00 $3,700.00 252922120176 BRUCE D JOHNSON 1133 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120175 BRANDON L GARZA 1139 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252 92212 01 74 JOSEPH A HAINES 1145 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120173 DAVID C BAHL 1151 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110014 BRION A BOHN 1156 FERNDALE ST N 1 NiA $3,700.00 $3,700.00 252922120172 ROBERT P DAAS 1157 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922120171 EILEEN M ANZALDI 1165 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110013 RONALD BRYAN SUITER 1168 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110012 GABRIEL PEREZ RESENDEZ 1180 FERNDALE ST N 1 NIA $3,700.00 $3,700.00 252922110011 THOMAS CHUE TONG LOR 1184 FERNDALE ST N 1 NiA $3,700.00 $3,700.00 252922110031 NELSON J GEBBEN 2638 GERANIUM AVE 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110029 LAWRENCE R SCHULER 2648 GERANIUM AVE 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110030 LAWRENCE R SCHULER 2648 GERANIUM AVE 1 N/A $4.100.00 $4,960.00 $9,060.00 252922120159 JOSHUA S RINKE 2504 GERANIUM AVE E 37 NIA $2,738.00 $2,738.00 252922120064 ROBERT O WELTY 2505 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120158 ANN M BOETTCHER 2506 GERANIUM AVE E 37 NIA $2,738.00 $2,738.00 252922120077 NANCY C KELLER 2507 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120157 LEON F AXTMAN 2510 GERANIUM AVE E 31 NiA $2,294.00 $2,294.00 252922120065 RICK T ANDERSON 2511 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120156 EMILY ANNE LARSEN 2512 GERANIUM AVE E 31 NIA $2,294.00 $2,294.00 252922120076 GEORGIANNA E KEMPER 2513 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120154 GREGORY HOCKING 2514 GERANIUM AVE E 31 NIA $2,294.00 $2,294.00 252922120066 CECILE I MALACK 2515 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120155 TERRENCE ROBINSON 2516 GERANIUM AVE E 31 NIA $2,294.00 $2,294.00 252922120075 COLLEEN M WHELAN 2517 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120074 LOIS J LAITINEN 2521 GERANIUM AVE E 28 NiA $2,072.00 $2,072.00 252922120067 COLLEEN M CONNOLLY 2523 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120073 RODRIGUEZ INVESTMENT PROP LLC 2525 GERANIUM AVE E 28 N/A $2,072.00 $2,072.00 252922120068 EDWARD M WEGWERTH 2527 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120072 VICKY L SARNER 2531 GERANIUM AVE E 30 NIA $2,220.00 $2,220.00 252922120069 DIANE L MILLER 2533 GERANIUM AVE E 28 NIA $2,072.00 $2,072.00 252922120188 JEFFREY E VINER 2563 GERANIUM AVE E 2 NIA $7,400.00 $7,400.00 252922120185 ALICE M SCHROEDER LE 2583 GERANIUM AVE E 1 NIA $3,700.00 $3,700.00 252922120186 CAROL J MILLAR 2591 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922120187 SALLY J EVANS 2593 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922120088 THOMAS G MUELLNER SR 2597 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922120087 THOMAS G MUELLNER SR 2599 GERANIUM AVE E 50 NIA $3,700.00 $3,700.00 252922110015 DANIEL K HAAKINSON 2627 GERANIUM AVE E 1 NiA $4,960.00 $4,960.00 252922110016 THEODORE V CARLSON 2637 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110017 MARILYN DEMOULLY 2645 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110018 EDWARD R RANG 2657 GERANIUM AVE E 3 N/A $12,300.00 $14,880.00 $27,180.00 252922110028 TIMOTHY I FLEISCHHACKER 2666 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110027 JOSEPH MISKE 2674 GERANIUM AVE E 1 NIA $4,100.00 $4,960.00 $9,060.00 252922110026 ROGER R GUND III 2682 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110019 DENNIS W KERSKA 2663 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110020 DAVID A DRUMMOND 2691 GERANIUM AVE E 1 NiA $4,100.00 $4,960.00 $9,060.00 252922110025 SCOTT D ANDERSON 2692 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110024 ALLAN SKY HUELSMAN 2700 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110021 CURRENT RESIDENT 2701 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922110060 STEVEN R WENSMAN 2707 GERANIUM AVE E 1 NIA $4.100.00 $4,960.00 $9,060.00 252922120003 KATHLEEN M FLANAGAN 1189 GLENDON ST 1 NIA $3,700.00 $3,700.00 252922120002 JEFFREY MCCLURE 1197 GLENDON ST 1 NIA $3,700.00 $3,700.00 252922120184 SALVADOR J FERROZZO 1124 GLENDON ST N 50 NiA $3,700.00 $3,700.00 252922120183 LINDA S FREY 1126 GLENDON ST N 50 NIA $3,700.00 $3,700.00 1 of 2 FERNDALE - GERANIUM AREA STREET IMPROVEMENTS ASSESSMENT INFORMATION CITY PROJECT 07 -14 PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE MULTI - FAMILY FRONT FOOTAGE STORM ASSESSMENT' WATERMAIN ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 252922120182 TIMOTHY P KENNEDY 1134 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120012 ROXANNE MAGEE 1135 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120181 RICHARD K GILBERT 1140 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120011 BILL ACRES 1145 GLENDON ST N 1 NIA $3,700 -00 $3,700.00 252922120180 MARTIN N CARLSON 1146 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120179 JAMES J VERNSTROM 1150 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120010 TERRANCE M STREHLO 1153 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120178 JEFFREY T BOSTON 1158 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120009 MICHAEL J NOVAK 1159 GLENDON ST N 1 NIA $3,700 -00 $3,700.00 252922120177 GARY G SJERVEN 1166 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120006 PAUL B GEORGE 1167 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120005 BRUCE A SCHLEICHER 1175 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120004 DOREEN E WILLIAMS 1163 GLENDON ST N 1 NIA $3,700.00 $3,700.00 252922120032 MARGARET H GOODSON 2504 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120061 BETTY J BEANE 2505 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120029 THOMAS G CASPERSON 2506 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120048 COLLEEN A NAUGHTON 2507 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922120033 BARBARA J RAAEN 2510 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120049 ROBERTA K GOESS 2511 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120028 MARGARET E FERGUSON 2512 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120060 ALMA E JARVINEN 2513 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120034 DONALD M MCNEA 2514 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120050 GERRI A CLARKIN L E 2515 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120027 MARK J SCHREIER 2516 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120059 ANNE M BRUCKER 2517 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922120035 THERESA BEHNKE 2520 ROSE AVEE 30 NIA $2,220.00 $2,220.00 252922120051 RUTH A STAUS 2521 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120026 LOIS L LYNCH 2522 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120058 SEAN M MCCARTY 2523 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120036 KENYON S LATHAM JR 2524 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120052 MICHAEL LOUIS MILLER SR 2525 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120025 ALEMAYEHU WAYESSA 2526 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120057 RICHARD L GILL 2527 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922120037 LAURA L LINROTH 2530 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120053 DENNIS K SCHACHT 2531 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120024 NANCY L WHITE 2532 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120056 LON M PETERS 2533 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120038 MYRON H LARSON 2534 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120054 CRISTI J TORGERSEN 2535 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120023 SHAJIULLAH KHAN 2536 ROSE AVE E 30 NIA $2,220.00 $2,220.00 252922120055 PHILLIP T DEMMA 2537 ROSE AVE E 30 NiA $2,220.00 $2,220.00 252922139065 RICHARD E WEINHOLD 2615 STILLWATER RD 1 NIA $3,700.00 $3,700.00 252922140001 DAVID Y CHANG 2627 STILLWATER RD E 218 NIA $16,132.00 $16,132.00 252922110035 ROBERT E DOANE 2637 STILLWATER RD E 114 NIA $8,436.00 $8,436.00 RESIDENTIAL COMMERCIAL STORM WATERMAIN UNITS FRONT ASSESSMENT ASSESSMENT FOOTAGE TOTALS= 56 682.00 $5,740.00 $69,700.00 2007 ASSESSMENT RATES, STREET ASSESSMENT TOTAL ASSESSMENT $451,376.00 $536,276.00 TOTAL = $536,276.00 RESIDENTIAL STORM SEWER = $820.00 /UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.00 /UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.001UNIT COMMERCIAL STORM SEWER = $16.401FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.20IFRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = $74A01FRONT FOOT NOTES: ' PROPERTIES LABELED - NiA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER CITY PROJECT 73 -14 OR 78 -20 OR BOTH. 'ASSESSMENT INCLUDES THE FEES FOR EXTENDING SAN. AND WATER SERVICES TO THIS PROPERTY FOR A LOT SPLIT. 2 oft EAT LN SIN DR J 4"5 AVE. 1 ANTELOPE WAY 2 AMBERJACK LN 3 BEAVERDALE RD 4 BOBCAT LN 5 COUGAR LN AVE. oil 901"1 NIVA JNOLIA Geranium Park z A D U� U� U Lij 0 cn - i - a < 1-- z �O ------------------ = ' NO SCALE Ferndale—Gercnium, 07-1 Maplewood, Minnesota Proposed 2007 Construction D G �P�j U � D U� HAWTHORNE AVE. D G �P�j SEA ► i August 13, 2007 Department of Public Works City of Maplewood 1830 East County Road B Maplewood MN, 55109 ATTN: City Clerk Dear Sir or Madame, This letter is in response to the Statement of Assessment we received on August 11, 2007. The Assessment is concerning City Project # 07 -14: Ferndale- Geranium Area Street Improvements. We are objecting to this assessment on three points: The first being that we already pay a significant amount of property tax to the City of Maplewood. This project should have already been part of our current property tax and we simply don't feel it is necessary to charge the residents of this area an additional fee to improve what the City of Maplewood should already be maintaining for us. Second, we currently have our townhouse up for sale and will not be living at this location for much longer. We feel it is not in our best interest to pay this additional $2,220.00 because it does not benefit in the long run in any way. Plus, having an assessment on the property will certainly make selling the townhouse more difficult in an already poor market. I'm sure the other homeowners with property for sale feel the same way. And third, like many of the residents in this area, we do not have an extra $2,220.00 available to pay the City of Maplewood additional money to fix the roads who's upkeep they are responsible for. We simply can not afford this assessment. liffi • RECEIVE Property identification number: AUG 2 0 2007 (12 digit number) Worts Do you wish to address the city council tonight? ❑ ❑ Yes No Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. ❑ Deferral of assessment b. Senior citizen deferment (over 65 years of age) C. ❑ Cancellation of assessment d. ❑ Revision of assessment Reason for the request: iro d n s A , ► h KeJ M iii► iil► . r r gnature IF i I Agenda Item H2 TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Lark/Prosperity Area Street Improvements, Project 07-15 1. Assessment Hearing, 7:15 p.m. 2. Approve Resolution for Adoption of Assessment Roll 3. Approve Resolution Authorizing the Installation of Burke Avenue Cul-De- Sac based on Resident Petition Request; Approve No Parking Resolution in Cul-De-Sac Bulb 4. Approve Resolution for Awarding of Bid DATE: August 16, 2007 I Z III I a*] Dili[" 9 [*1 Z All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the September 10, 2007 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. It should be noted that the assessment roll currently proposed for adoption has changed from the assessment roll accepted on July 23 This change consists of the addition of one property to the assessment roll. This property owner had been mailed all previous notices including the public hearing and neighborhood meeting notices. Final plans and specifications for the Lark/Prosperity Area Street Improvements were approved by the city council on July 23 2007, and authorization was given to advertise for bids. Those bids were received and subsequently opened on Thursday August 23 2007. The city council should consider approving the attached resolution approving the award of bid following the assessment hearing and the adoption of the assessment roll. The city council should also consider approving the attached resolution approving the cul de-sac installation on Burke Avenue in response to the resident driven petition. mm -_i- The city council ordered the preparation of this feasibility study at the June 11 2007 regular meeting. On July 9 2007 the city council accepted the feasibility report and ordered the public hearing. Street improvements for this neighborhood were listed on the city's capital improvements project plan for 2008 but the city council is now considering the project for 2007. The project involves the complete reconstruction of approximately 1.7 miles of residential streets and affects approximately 120 properties. The streets in the project area do not have curb and gutter and the design calls for barrier concrete curb and gutter throughout. The rainwater garden program and driveway replacement program will be utilized for this project. Currently about 25% of the residents are requesting a rain water garden as part of the improvements. Major storm sewer improvements along with sanitary sewer spot repairs are proposed. Agenda Item H2 Installation Of8short section of water main is proposed between Sandhurst and County RdB along with improvements to some service lines, gate valves, and hydrants. A neighborhood meeting was held on July 1» discuss the proposed project with residents. At this meeting the residents were provided with @n overview 0f the proposed project 8Ddth9StnaGtrRCODSt[uCtiOn process. They were also given the opportunity k] ask any questions they had regarding the project. City staff conducted a second neighborhood plan review meeting on August 21' 2007vvhRn8n8sid8nLs could review and make final oornnoentS on the design plans. City staff and the Cib/ SOn3U|bant met on site with the residents who were very concerned with the drainage issues along Prosperity Road between County Road B and Burke Avenue. The design plans call for improving the capacity of the ditch (grading), installing a rain garden on the Group Health property to reduce the volume of runoff flowing under County Road B to the Prosperity Road ditch, along with installing new culverts and additional underground drainage infrastructure at the Burke/Prosperity intersection. The proposed project Sch9UU|e anticipates construction beginning aSearly as September 2007 and completion of the project in November of 2007. Only costs related to the street improvements are proposed b]be assessed and are not directly dependent on the 3Ctuo| amount of the bid, rather on o predetermined 8S383smeDt rote established in the city's pavement management policy. The method of assessment is the same as was outlined in the feasibility study. The proposed assessments will be for costs n]|8Ling to the street and UU|ib/ innpn]v8nn8nt8 to the benefiting properties abutting the project Str88tS.l[h8oSSSSSnl8ntSf0[th8Str89t8DdStOr[n8n8ahOvvD b8|Vvv. Many properties are exempt from the drainage improvement assessment because it was already assessed in8previous city project. The storm sewer assessment iS8 one time only assessment. Residential Rates: * $4,960 /unit for full street reconstruction (adding or replacing curb & gutter). 0 $82U /unit for drainage improvements. COnorD8PCiG| Or k8U|ti-F@nli|y Rates: * $09.20 /Front Ft. for full street reconstruction (adding Or nap|@CiOg Curb & gutter). ° $16.40/Front Ft. for drainage improvements. The total amount proposed LVb8 assessed iS$889.OS84U. Regarding the cU|-de-s8c action; fourteen residents signed 8 petition k} install 8cu|-d8-S8ConBurke Avenue @t the intersection 0f White Bear Avenue Or install @ barricade if@Cu|-d8-SGC was not feasible. The petition was presented tO the city council Gt the public hearing 0D July 23 Please find the petition attached. |n response [0 the petition, city staff sent out 8 questionnaire in order bJ get more feedback on the issue from residents who have property fronting Burke Avenue between Prosperity Road and White Bear Avenue. These responses are also attached. Eight residents on Burke Avenue responded to the city staff questionnaire for installing a cul-de-sac on Burke Avenue (which iS about half Cf total properties fronting the stn8eh. Six 0f the eight nesidents8pe supportive of tU|-d8's8c. while two are against. The original cul-de-sac |8y0UL was [0 extend approximately 5-feet from White Bear Avenue, but after concerns from the resident at 2125 White Bear Avenue about losing parking due to its layout, the proposed cul-de-sac location was shifted 00-fe8ttOthe west 8S seen in the attachment. City staff met with the owners of the two properties most impacted by the proposed cul-de-sac. These were the two properties 8t the very east end Of Burke Avenue /1771 BU[h8& 2125 White BR8r\. Also, city staff had Gphone conversation with the resident 8L1785 Burke Avenue who had mJ ob k} the proposal. These owners were generally supportive Vf the Cul-d8-s8t and have not objected todate. One of the two residents opposed to the cul-de-sac addressed 8letter to the public works director, city council, and staff engineer discussing reasons against the CU|dG-S8C. The letter is included with the response and put On public record 8s requested bvthe objector. City staff sent the ou|-df+SoC layout hO the city police chief, fire chief, and fire marshal, and it was examined and found that nO safety issues are associated with installing 800'dianneLerCu|-d8-S8C. There would have to be a no parking condition in the cul-de-sac bulb in order to nn8xinniz8 the turning n8UiVS for emergency vehicles. It is city staff's view that installing 8 cul-de-sac on Burke Avenue would be beneficial. It would create 8 more residential type Str88L by disconnecting it from the highly traveled White Bear Avenue. It vvOu|d also 8||0vv for net reduction Of impervious street anaa, which translates into o reduction of storm water runoff and reduction iD reconstruction costs. The cost reduction would be found in the net area reduction Vf the street pavement section of approximately 775 square feet. Snow storage could b8 accommodated in the large open area between the new cul-de-sac and White Bear Avenue. Also, the transportation supervisor for District 622 was notified of the cul-de-sac proposal and stated that school buses vvoU|d likely pick children Up at the intersection of Burke and Prosperity. And if there were any special needs children on Burke, between Prosperity and White Bear Avenue, a smaller bus would be utilized in order to navigate the proposed Cu|-de-sao. [)n8 side note, iD response tO complaints about speeding OOF|GDdr@U Street, 8 questionnaire was also rn8i|8d out to residents near the intersection of F|8ndr8V 8ir8eL and Laurie Road concerning traffic calming. The city questionnaire asked if residents were in favor or in opposition to traffic calming bump outs at the intersection. Twelve responses were received and only five were supportive of the traffic no|noin8 bump outs. The remaining seven were opposed or wanted some other type of calming such 88 a speed bump or 4-way stop. The city set Vp speed counters along the Sb m 98t�ndfOUndL�8tth88� percentile speed was 26 mph. Given this result which shows the street does not have excessive speeders and the fact that there is not a majority consensVs on the traffic calming bump outs, staff iS not planning 0n changing the existing intersection condition. No action is required on this matter. Award of Bid Contractor bids were received and publicly read aloud 8t10:OO8.[n. Thursday, August 23 2007. The bid tabulation letter will be provided 8Lthe city council meeting. Changes km Assessment Roll AS was stated earlier, 8 change tO the assessment roll accepted ot the July 23 m .2OO7 Council meeting was necessary. The change |S listed below. 1. Parcel UD102922430W44-1655County Road B E — Thispropedvvvaainadvedent|y omitted from the original assessment roll. This property has 8 main driveway off OfKennard Street and should b8 assessed in order tV treat all properties equally. Total Assessment is $4,960. The assessment statements that were mailed to the residents already ref all changes. The total amount tObe assessed was subsequently increased from $G94'138.4Ut0$088.O98.4O. Assessment Objections Filed 1. ASof August 2»m.2UO7 staff has received three objections tV the proposed assessments: o. Porna| 10.2S.22/41.UO27— Robert F. Parsons; 2229 Prosperity Rood Mc Parsons objects to the 8GSeGSnnent based upon senior citizen financial hardship. b. Parcel 1O.20.22/44.8050— Dorothy Ghev8;1080 Lark Avenue Mrs. Sleva objects to the assessment based upon senior citizen financial hardship. c. Parcel 11.29.22.33.0001 — Joe Fleming; 2271 White Bear Avenue Mr. Fleming objects to the assessment based upon the usable Lark Ave front frontage. Staff will review all objections and provide the city council recommendations for motion at the September 1 oth , 2007 city council meeting. The proposed assessments are part Ofthe project financing plan, approved iD July Of2OO7. Any assessments that may ultimately be reduced or deferred will have an impact on the tax levy. AGi8t8nl8nt [f tax levy impact will be made for the September 10 council meeting when all the assessments objections and recommendations are considered. kiSrecommended that the city council approve the attached Resolutions for the Adoption of the /\SseSsnlert ROU. Installation of the Cu|-d8-S8C on Burke Avenue with a no parking condition within the cul- de-sac bulb, and Award Of Bids for Lark/Prosperity A[8o Street Improvements, City Project 07-15. Attachments: 1. Resolution: Adoption «r the Assessment Ron z. Resolution: Cu|-De-Sao Installation with wo Parking inBulb a. Resolution: Award mBid 4. Assessment Roll u. Location Map 0. Objection Letters (3) r. Resident Petition for Burke Avenue 8. Resident Responses to the Burke Avenue Cu|'oo'Smu 9. Proposed Cu|'oo'8aoLayout 10 Bid Tabulation Letter (to uo provided at city council meeting) RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on July 23rd, 2007, calling for a Public Hearing, the assessment roll for the Lark,'Prosperity Area Street Improvements, City Project 07 -15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, due to a clerical error in the previously accepted assessment roll, the following changes were necessary, and the assessment roll shall be amended as follows: 1. Parcel ID 102922430044 — 1655 County Road B E —This property was inadvertently omitted from the original assessment roll. This property has a main driveway off of Kennard Street and should be assessed in order to treat all properties equally. Total Assessment is 54,960. And, WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 10.29.22.44.0027 — Robert F. Parsons; 2229 Prosperity Road Mr. Parsons objects to the assessment based upon senior citizen financial hardship. b. Parcel 10.29.22.44.0056 — Dorothy Sleva; 1680 Lark Avenue Mrs. Sleva objects to the assessment based upon senior citizen financial hardship. c. Parcel 11.29.22.33.0001 —Joe Fleming; 2271 White Bear Avenue Mr. Fleming objects to the assessment amount based upon the usable Lark Ave front frontage. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: I. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on September 10, 2007, as to their recommendations for adjustments. 2. The assessment roll for the Lark Prosperity Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2008 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2007. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October t, 2007, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2007, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2007, but no later than November 15, 2007, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 27 day of August 2007. RESOLUTION BURKE AVEVNUE CUL-DE-SAC INSTALLATION WITH A NO PARKING CONDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the city council adopts a resolution to install a cul-de-sac on Burke Avenue between Prosperity Road and White Bear Avenue and to adopt a no parking condition within the cul-de-sac bulb. Adopted by the council on this 27 day of August 2007. RESOLUTION AWARD K»FBIDS NOW, THEREFORE, 8EITRESOLVED BY THE CITY COUNCIL {)[ MAPLEWOOD, MINNESOTA, that the bid of bn the amount u{$ b/ the lowest responsible bid for the construction ofLark/Prosperity ArouSbzc\lrnproveoncutm —Ci Project 07-15, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized N make the financial transfers necessary to implement the financing plan for the project. Adopted |m the council ou this 27' day nf August 2007. LARKIPROSPERITY AREA STREET IMPROVEMENTS FINAL ASSESSMENT ROLL CITY PROJECT 07 -15 2007 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $820.001UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.001UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.00 /UNIT COMMERCIAL STORM SEWER = $16.401FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.201FRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = S74.00 /FRONT FOOT NOTES: 'PROPERTIES LABELED "NJA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER ONE OF THE FOLLOWING CITY PROJECTS: (COPE UTILITIES DP 159. ASSESSED 1971) : (COUNTY DITCH 17 - PROJECT 74 -18. ASSESSED 19781 (FOOTPRINT LAKE STORM - PROJECT 87 -32. ASSESSED 1991) PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE STORM ASSESSMENT' STREET ASSESSMENT TOTAL ASSESSMENT 102922440037 COPE AVE. PROFESSIONAL BLDG 1714 COPE AVENUE E 124 N/A $9,176.00 $9,176.00 102922440004 DENNIS R TRAMPE 1736 COPE AVENUE E - 124 N/A $9,176.00 $9,176.00 102922440096 PATRICIA J HAAG 1665 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922430021 CITY OF MAPLEWOOD KENNARD STREET N - - - - - 102922440058 NATHAN BLEYLE 1666 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440044 KEVIN M MCLAFFERTY 1673 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440057 ROBERT A WAS] LUK 1674 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440045 LAWRENCE J PEIL ETAL 1679 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440056 DOROTHY P SLEVA 1680 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440046 MARK J CHANNER 1685 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440055 MARJORIE G LEE 1686 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440047 LARRY L BEWLEY 1693 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440054 GLADYSANN SANDSTROM 1694 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440048 WALLACE L NEUMAN 1699 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440053 DARRELL E ANDERSON 1700 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440049 GORDON A ANDERSON ETAL 1705 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440052 JOSEPH A OBRIEN 1706 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440050 SHELLY A LARSON 1713 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440051 SHAWN GREGORY 1714 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440007 TODD BRUNS 1725 LARK AVENUE E 1 N/A $3,700.00 $3,700.00 102922440021 KAREN J TETU 1726 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440008 AMY L SLOPER 1733 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440020 RALPH F FELLER 1734 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440009 MERLYN J ADER 1739 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440019 BERTIN BARRERA QUINTERO 1742 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440010 KEITH M ESALA 1745 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440018 LAWRENCE G JANSEN 1750 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440011 AKINTUNDE ODUWAIYE 1751 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440017 THOMAS E LABEY 1758 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440012 DAVID C SACKETT 1759 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440016 JUANITA M GUSTAVSON 1764 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440013 KEVIN L THOMPSON 1765 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440015 FELETI MOIMOI 1774 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440014 JAMES P GLASSEL 1775 LARK AVENUE E 1 N/A $4,960.00 $4,960.00 102922440059 CHRISTINE NOVAK 1665 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922430022 CITY OF MAPLEWOOD LAURIE ROAD E 102922440073 DONALD J KAREL 1666 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440060 MARY KAY TRACY 1673 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440072 LORETTA L FARRAR 1674 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440061 ELSIE N ANDERSON 1679 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440071 BRIAN D RAU 1680 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440062 GERALD D BIBEAU 1685 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440070 EDITH L WALDVOGEL 1686 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440063 PHILIP C BURDINE 1693 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440069 JAMES A MCCUSKER 1694 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440064 ROBERT W NIELSEN 1699 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440068 JAMES D NEWTON 1700 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440065 RUSSELL W ANDERSON 1705 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440067 BETTY C KRENZ 1712 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440066 EDWARD P ROMAN 1713 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440022 JAMES J PRAML 1725 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440034 RICHARD M PRUDEN 1726 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440023 RICHARD F BORK 1733 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440033 JOHN A KLENK 1734 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440024 JEFFREY J LIBEL 1741 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440025 COLLEEN M GAICHAS 1745 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440026 THOMAS G VONWALTER 1755 LAURIE ROAD E 1 N/A $4,960.00 $4,960.00 102922440027 ROBERT F PARSONS 2229 PROSPERITY ROAD 1 N/A $4,960.00 $4,960.00 102922440028 LON L FEIA 2223 WHITE BEAR AVE N 230 N/A 522,816.00 $22.816.00 102922440032 THAI THOA 2215 PROSPERITY ROAD 1 N/A $4,960.00 $4,960.00 102922440031 ROBERT EMERSON 2225 PROSPERITY ROAD N 1 N/A $4,960.00 $4,960.00 102922440030 GROUP HEALTH PLAN INC. 2165 WHITE BEAR AVE N - 579 N/A $57,436.80 $57.436.80 102922440029 PATRICK ALLEN OTT 2225 WHITE BEAR AVE N - 176 N/A $17,459.20 $17.459.20 102922430038 ANN M ROGERS 1610 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430026 BENJAMIN N HICKMAN 1613 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430037 DONALD L COLBERT ET AL 1616 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430027 JOSEPH L TIMMERS 1621 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430036 ESTHER M HARRIS 1622 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430028 RICHARD F CARLE 1627 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430035 ERWIN H YOUNGS 1630 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 1 of 2 LARKIPROSPERITY AREA STREET IMPROVEMENTS FINAL ASSESSMENT ROLL CITY PROJECT 07 -15 2007 ASSESSMENT RATES: RESIDENTIAL STORM SEWER = $820.001UNIT RESIDENTIAL FULL STREET RECONSTRUCTION = $4,960.001UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $3,700.00 /UNIT COMMERCIAL STORM SEWER = $16.40/FRONT FOOT COMMERCIAL FULL STREET RECONSTRUCTION = $99.201FRONT FOOT COMMERCIAL PARTIAL STREET RECONSTRUCTION = S74.00/FRONT FOOT NOTES: 'PROPERTIES LABELED "NJA" WERE PREVIOUSLY ASSESSED FOR STORM SEWER UNDER ONE OF THE FOLLOWING CITY PROJECTS: (COPE UTILITIES DP 159. ASSESSED 1971) : (COUNTY DITCH 17 - PROJECT 74 -18. ASSESSED 19781 (FOOTPRINT LAKE STORM - PROJECT 87 -32. ASSESSED 1991) PARCEL ID TAXPAYER STREET NUMBER STREET RESIDENTIAL UNITS COMMERCIAL FRONT FOOTAGE STORM ASSESSMENT' STREET ASSESSMENT TOTAL ASSESSMENT 102922430029 CHARLES G HOPKINS ETAL 1633 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430030 LEAH KUSTER MCCLARNON 1639 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430034 TONG N YANG 1640 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430031 NOAH A KORBA 1649 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430032 CATHERINE J WALKER 1655 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922430033 JOSE REYES 1656 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440074 WILLIAM GLAMPE 1665 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440086 CARL E BERGLUND 1666 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440075 ARTHUR RINEHART JR 1675 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440085 JAMES M RASSETT 1676 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440076 VIOLET J AMIOT 1689 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440084 LOIS BERNICE JOHNSON TRUSTEE 1692 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440077 DICK M CALLEN 1695 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440083 YOU HER 1698 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440082 TERENCE J NADLER 1706 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440078 MORTGAGE ELEC REG SYSTEMS INC 1709 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440081 STEVEN A FREEMAN 1714 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440080 CITY OF MAPLEWOOD SANDHURST AVE E 102922440079 CITY OF MAPLEWOOD SANDHURST AVE E 102922440035 ANTHONY N PIKE 1725 SANDHURST AVE E 1 N/A $4,960.00 $4,960.00 102922440036 JOHN R LAWRENCE 2205 PROSPERITY ROAD N 1 N/A $4,960.00 $4,960.00 102922440087 MARLYCE M JOHNSON 1665 COUNTY ROAD B E 1 N/A $4,960.00 $4,960.00 102922430023 JAMES A KRESSIN 2209 KENNARD STREET N 1 N/A $4,960.00 $4,960.00 152922120013 OPERATIONS ISO 622 1560 COUNTY ROAD B E 309 N/A S30,652.80 $30.652.80 152922120006 JACQUELINE MARY FRANK 1646 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922120003 KIMBERLY M DIEDRICH 1647 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922120004 KATHERINE A OGRADY 1655 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922120007 WILLIAM A OSWALD 1654 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110032 JOHN P MCGARRIGLE 1659 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110042 ALFRED 0 CLEMEN JR 1662 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110031 D FRANKLIN TOLBERT 1669 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110030 GREGORY A KOLBECK 1675 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110038 GERALD J SOLNITZKY 2121 PROSPERITY ROAD N 1 N/A $4,960.00 $4,960.00 152922110022 MARK E GOPHER 1708 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110021 GRACE E LOCKE 1714 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110008 CAROLE E LYNNE 1723 BURKE AVENUE E 1 $820.00 $4,960.00 $5,780.00 152922110020 XIONG S VANG 1724 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110009 JOSHUA S MOGREN 1731 BURKE AVENUE E 1 $820.00 $4,960.00 $5,780.00 152922110019 ERIC A BOYD 1732 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110010 JOHN A PECHMANN 1737 BURKE AVENUE E 1 $820.00 $4,960.00 $5,780.00 152922110018 ROBERT F KUSTERMAN 1742 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110011 STUART D OLSON 1747 BURKE AVENUE E 1 $820.00 $4,960.00 $5,780.00 152922110017 W F FRANTZ 1750 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110012 EDWARD C FLAHERTY 1755 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110016 GREGORY C MOSER JR 1760 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110046 TIMOTHY A HOAAS 1765 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110014 THOMAS M ZANGS 1771 BURKE AVENUE E 1 N/A $4,960.00 $4,960.00 152922110015 SHIRLEY N TREBESH 2125 WHITE BEAR AVE N 1 N/A $4,960.00 $4,960.00 112922330001 JOSEPH L FLEMING 2271 WHITE BEAR AVE N 98 N/A $9,721.60 $9,721.60 102922430044 CLAY A LANGER 1655 COUNTY ROAD B E 1 N/A $4,960.00 $4,960.00 RESIDENTIAL COMMERCIAL STORM UNITS FRONT FOOTAGE ASSESSMENT TOTALS= 109 1640 $3,280.00 STREET ASSESSMENT TOTAL ASSESSMENT $695,818.40 $699,098.40 TOTAL = $699,098.40 2 aft I ILJI cERVAis viEw AVE. CT. AVE, Knuckle Hecd Ecke C AVE, -) < ry D. o Q cn Un UA W _I � Sherwood --- i W RST o < W � _ co. RD. > B E. BURK AVE. Cn As Community /E. 6 � 65 Center John Glenn 0 GATEWAY City Hall 0 w HARRIS AVE. Q ROSEWOOD AVE. N. z ROSEWOOD AV, AVE. S RAMSEY C 1 F1 r�y I ��. �P NUR AIR GR NO SCALE Lark — Prosperity, 07-15 Maplewood, Minnesota Proposed 2007 Construction Property identification number: j (a - 2- -4 - LJ - � 1 2 d igit n u m – e r) Do you wish to address the City Council tonight? F Yes YO Please complete this form if you intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request th9t the city council consider (check one): Okc, Q 4 1 IMVP - f z , a�,,& kk a. Deferral of assessment ce-filct" CL OVIZ b. wenior citizen deferment (over 65 years of age) C. i5 Cancellation of assessment d. F Revision of assessment Reason for the request: doh LJO I IAAQ �, �—' 9CIIVZI AND WDe--6,TOW cl� LC 8 L� 4/ F QN IA i� A 0, 1 H' C re-Q Q C ORI Df -! Address of Property OZ Zip Telephone t ... L!'J.l./- !�/*J✓ yf'j�.t NjS,l '/-l�- '�'- t�.��{ .�./I l.� %..1� .._ {.... f tL" -., g �}��i.....J� ..(...'�../ _� {1 ._VOI�� � 1/ � , �� . �._/ f i 1 I r L E F twe . ;�' e � 1 1 � e f a / { 4 u l ato M A Lo IAI � a 9AA CAA A_a- - 6bM tzcr ---------- 2 -0 _Aaa _Q_ , �OCAUI lqi;,a m r.! I ASSESS-MENT HEARING OBJECTION FORM STREET 1IMPROVEmiENTS PROJECT 07-0 Address of assessed parcel l So L /l, h livf— Property identification number: (12 digit number} D r- Cho you wish to address the city council tonight? I F Yes No Please complete this form if You intend to appeal to the city council to defer, revise or cancel your assessment. This form must be completed and filed with the city clerk no later than the close of tonight's city council assessment hearing. Your request will become part of the public hearing record. I request that the city council consider (check one): a. F Deferral of assessment i b. j I X Senior citizen deferment (over 65 years of age) C. F Cancellation of assessment d. F Revision of assessment Reason for the request: 1 - XV , <,-, ' j 0 V Print Name Signature Date �o L 14 1 a E /I x, kf , /)-) /-� 1 --I ( -5 1 ) am 3 Address of Property Owner dip Telephone Do you wish to address the city council tonight? Yes No El Deferral of assess_ eat Is Address of Property Owner June 26, 2007 Lark/Prosperity Area Street Improvement Project, No. 07 -15 1. White Bear Avenue at Burke Avenue has long been a safety issue for any vehicle making a left turn onto Burke Avenue. Burke Avenue at White Bear Avenue is also a safety issue when attempting a left turn. Essentially, a right turn onto White Bear Avenue from Burke is the only safe turn at that intersection. 2. Burke Avenue between White Bear Avenue and Prosperity is a residential street with an incline at mid - point. Traffic from Prosperity turns onto Burke to bypass the lights at County Road B and White Bear Avenue. This begins at 5:00 a.m. and continues all day in an easterly direction. The drivers drive up Burke at the speed they were doing on Prosperity. We have young children living at the east end of the street. 3. In the fixture, White Bear Avenue Family Health Center will bring additional traffic to our street, as clients drive up Prosperity and take the short -cut up Burke Avenue to White Bear Avenue. We, the undersigned, request that a cull de sac be constructed on Burke Avenue at White Bear Avenue. If this is not feasible, then I request Burke be barricaded at White Bear with a "No Outlet" signage at its entrance. Now is the time to do this while the roadway is being constructed. Name 1 Phone # - 77 9 -- �aq - / ( , 7 L5) ®7T -' 16 C) r? BURKE AVET\TE CUL- DE-SAC SURVEY, CITY PROJECT 07-15 0 3& p , �WOOd qk�� Vorll� After reviewing the attached cul-de-sac exhibit please check one of the following: A Yes. I am supportive of the cul-de-sac. 1:1 No. I am against the cul-de-sac. ❑ Neither. I prefer a different solution such as 1:1 No opinion, Please write any additional conirnents here: Retum this suney as soon as possible to the City Engineering Department. j 'Ul- 3 0 2007 HURTLE AVE31, CUL- DE-SAC SURVEY, CITY PROJECT 07-15 After reviewing the attached cul-de-sac exhibit please check one of the following: Respondent Nanic: Respondent Addres Respondent Phone: Z l/Y'cs. I ant supportive of the cul-de-sac. ❑ No. I am against the cul-de-sac. F Neither, I prefer a different solution such as 1:1 No opinion. Return this surrey as so as possible to the City Engineering Department. ED JtJ B TKE AVENUE CUL- DE-SAC SURVEY, CITY PROJECT 07-15 After reviewing the attached cul-de-sac exhibit please check one of the following: Respondent Name: Respondent Address: Respondent Phone: F7 Yes. I am supportive of the cul-de-sac. ❑ No. I am against the cul-de-sac. ❑ Neither. I prefer a different solution such as ❑ No opinion. Please write any additional comments here: Return this Sunley !Ls�On a ssib to the City Engineering Department. L: 7/V �/J L) 7 &CILL 7 1�r (- I /j It /E//�t T 7_12,1 / Z_/El Q 7C:% 121-43111 J A 2 - ,0 C:� 7 Return this Sunley !Ls�On a ssib to the City Engineering Department. JN '~L 31 20» AVENUE CUL DE SURVEY, CITY P After reviewing the attached cul exhibit please check one ofthe : r_1" Yes. I ain supportive of the cul �-� L_J No. I azo against the cul-de-sac. [-� . L_| Neither. T prefer ad' �f�rnn1oo]ut�nz such ao [ op Please write any additional corninents here: jZECEIMED AUG G i 20t, le- BURKE AVENUE CUL- DE -SAC SURVEY CITY PROJECT 07 -15 !al After reviewing the attached cul -de -sac exhibit please check one of the following: Respondent Name: Respondent Addre Respondent Phone ❑ Yes. I am supportive of the cul -de -sac. No. I am against the cul -de -sac. V ❑ Neither. I prefer a different solution such as ❑ No opinion. Please write any additional comments here: Return this survey as sooaa as passable to the City Engineering Department. A"7 0 2 2007 5m,", - BURIa AVENUE CUL- ICE -SAC SURVEY, CITY PROJECT 07-15 . lrcz�! Pub-fic ln l l or" _, After reviewing the attached cul-de-sac exhibit please check one of the following: X Yes. I ani supportive of the cul-de-sac. ❑ No. I ain against the cul-de-sac. ❑ Neither. I prefer a different solution such as ❑ No opinion. this survey as so in as ossible to the City Engineering Department. Please write any additional comments here: 6t '7 -1-- VED AUCT 0 2 2007 BLM-E AVENTUE CUL- DE-SAC SURVEY, CITY PROJECT 07-15 ` "Plczllood P4111Mr 111101 s After reviewinc the attached cul-de-sac exhibit please check one of the following: 6 F'OFI ^ Yes. I any supportive of the cul-de-sac. ❑ No. I any against the cul-de-sac. ❑ Neither. I prefer a different solution such as 1:1 No opinion. Please write any additional cormuents here: fLe"i dermo Return this Sul RE so on a ossi� to the City Engineering Department. 11111piqll ! iffpp� 111 i i� j p I F RespondentName: F FRAlzl Respondent Phone: Respondent Address: / 7.5 ❑ Yes, I am supportive of the cul-de-sac. N X�_ No. I am against the cul-de-sac. ❑ Neither. I prefer a different solution such as ❑ No opinion. Please write any additional comments here: 5E E 14 7 _1Af 14 E D 016r2 M E'Af 7 e- E 44 � Return this survey as soon as Dossible to the tCity Engineering Department. Willard F. Frantz 1750 Burke Ave_ E. Maplewood, Minnesota August 10, 2007 RE: Burke Avenue Cul -Le -Sac City Project 07 -15 To Whom It May Concern: Regrettably, I was out of town and unable to be present when Petitioner presented this petition or these comments would have been presented at that time. I applaud the civic mindedness and effort put forth in this petition, however, I am compelled to disagree in total, primarily because I find no merit or substantive facts or evidence to support the stated reasoning. The City Council should not and cannot become involved in or resolve individual differences of opinion. My purpose here is to present what I consider to be, "The rest of the story." Such a statement requires an explanation which I will provide forthwith. 1. The subject of a cul -de -sac has been discussed on the street ever since the cul -de -sac on Flandrau Circle was constructed. That was a special project and as I understand it, the total cost was assessed each resident on the street on a unit basis. This was "Cash out of Pocket" and the residents approved it. This petition, I fear, is opportunistic in that we have been informed it will be included in the Project and there will be no individual or additional assessment. There is a cost to this cul -de -sac and regardless if it is included in the total cost without a special assessment, the cost is apportioned to ALL property owners included in Project 07 -15. Federal or State contributions are also tax revenue funds and 28 percent of the total Project costs are assessed to property owners. Is the price of a petitioner generated project allowed to be incorporated into an approved public project and charged to everybody, regardless of the fact they have no benefit from it? If a petition were circulated asking if all the other residents included in Project 07 -15 wanted to help pay for a cul -de -sac on Burke Avenue, I think the results would be obvious. If my assumptions above are correct, truth and transparency in the funding and assessments for this project are not present. 2. When the subject of a cul -de -sac first came to my attention, I checked with the Maplewood Engineering Department to determine what the standard specifications were. I was given a copy of PLATE NO 120, dated 3-95, titled TYPICAL CULS -ICE -SAC. This Plate indicates the standard to be a 94 foot diameter circle with an additional 13 foot right of way, making the real estate required to be a circle with a diameter of 120 feet. Burke is a 32 foot roadway meaning that each resident at the East end of Burke would have to grant to the City, a Right -Of -Way of 44 feet from the edge of the existing roadway edges. Needless to say this would never happen - and it didn't. Regardless, my basic concern is that the closure of access or egress to an existing street runs counter to the reason it was constructed. While I know the "dimensions" of the "Typical" Standard and the proposed cul -de -sac, I do know not know what other requirements exist for justifying the approval and construction of one. Considering the disruption of an approved and constructed traffic flow pattern, I would hope it would NOT be approved based upon "I want" or unsubstantiated facts which can be easily verified or disproved. In this regard, an apathetic "I don't care" or "I don't want to cause disharmony in the neighborhood" response :should NOT in nyy opinion be considered an approval of a Petition to close a street. I would add that iftheir was documented evidence of the allegations or a , designated "Safety Issue" 1 would support this Petition without question. 3. The petition sets forth three reasons for the petition. While 1 may be verbose, I will address each point, sentence by sentence for clarity and an explanation of1my reasorting. First however, I must acknowledge a bias caused by petitioner when the petition was presented to me. Having told her four or five times I would not sign the petition, she persisted by saying "she must have a signature" until my wife took the clipboard and signed the petition to prevent the conversation from escalating to an argument. My objection to the petition WAS NOT mentioned to the Council in response to a direct question; "Were there any objections?" This same persistence is evident with regard to others that I have spoken to who relented and signed the petition. They must speak for themselves so I will not mention names. it is my considered opinion that apathy and a preponderance of "I don't care" or "I don't want to create disharmony in the neighborhood" was the basis for many of the signatures that carried this petition. That is an individuals right as it should be. However, decisions should be based upon supported facts before any approval of changes to standards, specifications, or construction of any project is commenced. I fail to find such basis in this petition. Further, no respondent is required to sign, nor should he sign any petition unless they "fully" support it, A. "ite Bear Avenue at Burke Avenue has Lon -aLg a le g b een sa u or any vehicle ma king ft? iss e f turn onto Burke. I have been making that turn for 30 years and continue to do so today. Admittedly, with the increased traffic on White Bear during peak traffic periods (1.5 hours, A.M. and P.M.) M-F and 12-1 P.M. on Sunday when the church on Van Dyke is dismissed, this maneuver can be problematic. However, for the more timid, the resulting alternative is exactly what would be forced upon us if a cul-de-sac was constructed: that is proceed to County Road B and make a left turn onto County Road B. When prudent to do so, I do it now. However, for the remaining 21 hours of the day there is really NO problem as far as I am concerned. The attached Maplewood Police Department Address Strip Report substantiates this opinion as there have been NO reportable accidents at this intersection during the period 12/11/04 and 07/31/07. In fact, the only accident at this intersection I can remember in the 30 years I have lived at my present address is when a drunk driver rear-ended a vehicle stopped for the County Road B stop light. This is not to say that there have not been -accidents at County Road B or at the entrance of the Community Center Parking lot. Such incidents are not, however associated with the intersection of Burke and White Bear Avenue. B. Burke Avenue at "ite Bear is also a safe, issue when attempting a left —turn. Again, myself and many neighbors make that same turn every day and the explanation in A above applies. The claim is NOT supported by any FACTS justifying the intersection to be a "Safety Issue" or any by recorded complaints by Burke Avenue residents that I am aware of And again, there have been no accidents. C. Essentially a riFht turn onto White Bear A mue from Burke is the Qnl y sa fe turn at that intersection. This is simply not true, When South bound on White Bear Avenue, I make a right hand turn (West) onto Burke many times a day, peak traffic period or not. There is NOTHING to complicate the maneuver nor is it a safety issue. D. B and White Bear Avenue. This is an assumption and allegation, which however, could be easily proved or disproved by a Traffic Count Survey. Additionally, if this were true, are there any registered complaints from Burke Avenue residents to substantiate this allegation? There are none that 1 know of Is It not logical fl - lat a Petition to disrupt an area traffic pattern by the construction- of a cul-de-sac would be a last ditch effort by disgruntled residents following NO action to numerous complaints? Further, would it not be appropriate to conduct a traffic count survey to determine if the traffic on Burke exceeds that of a normal residential street? Consider also, constructing a cul-de-sac would force ALL residents on Burke Avenue to traverse someone else's residential road on a daily basis to get to their property which is exactly what petitioner is complaining about. Should they also then be allowed to further disrupt the traffic flow by requesting cul-de-sac's on their own streets? Standards are just that and should not be carelessly waived for fear of a "Domino Effect" throughout the City of Maplewood. E. 7his ins at. 00 a i;& and continues all day in an easterl direction. My property is at the crest of Burke between Prosperity and White Bear. Such traffic must disappear before it reaches my property as I for one have NOT seen such traffic. If this is a basis to approve a cul-de-sac, I respectfully request that a traffic count survey be conducted to verify t alleged traffic from 5:00 A.M. To 7 :00 P.M. I consider Burke to be a quite street and if such a survey was conducted, I would not hesitate to guarantee the results would reveal LESS than normal traffic for a "normal" residential street. Eliminating access to a planned and constructed roadway should NOT, in my opinion, be accomplished before establishing and verifying the necessity to do so. There must be some standards to be met for this purpose. This is not to say that there is not an occasional vehicle just "passing" through, or an occasional speeder. In my opinion, this should be expected on any street, any where. This again, is not sufficient reason to eliminate access/egress to an existing roadway. F. The drivers drive up Burke at the same seed they were doing on Pros Why y not? Th e speed limit is the same. This comment makes no sense as to a justification for a cul-de-sac. If this is a misprint, and speeding was meant to be the factor, where are the prior recorded complaints? There are none to my knowledge. Admittedly, there have been incidents of speeding and they have irritated me, but not to the extent I would request closure of the street. In fact, the occasional speeders I have noticed were proceeding North bound on White Bear and turned left (West) onto Burke Avenue, the opposite of what Petitioner alleges. Also, they have negotiated that turn without hesitation or problems. G. We have youn children &yLn he east end of the street. Their are also children at the West gat I end of Burke. What is the point? I would wager that almost ALL streets have children living somewhere on them. Again, where are any recorded complaints? There are none that I am aware of With regard to the children mentioned at the East end of Burke, both families have fenced yards and one has a fenced pool. They are responsible parents. I have personally seen them reprimand their children if seen playing in the street. Again, I fail to see this as a basis to eliminate access to Burke from White Bear Avenue. Standards are standard's and I would caution unwarranted approval of cul-de-sac's for fear of the ever present "Domino Eft-ect." H. :The third point is another assumption and allegation. If approvals for exceptions to the master road plans are ever based upon such a basis, I fail to see how any reasonable planner could finalize a plan before another "What IF" or "I Want" petition came in. Further, at present, the Medical Building is on hold and Ramsey County is considering changes to White Bear Avenue. In my opinion, if it is not broken, don't fix it. I. With respect to a barricade in place of a cul-de-sac, all my reasoning above applies to a negative response to such a proposal. J. Another situation to be considered is the increased Punoff flow rate of the improved roadwa- and any resulting impacts. At present, all runoff flows East and West from the crest in front of my property. The Westerly flow collects at the intersection at Prosperity and exacerbates the excessive ponding, in that area. It has been stated that this problem will be addressed but as of now, the letter has not been delivered. The Easterly flow spills onto White Bear Avenue and drains Southerly to a catch basin across from the entrance to the Community Center Parking lot. My point here is , constructing a cul-de-sac at the low end (East) of Burke Avenue will establish a collecting point for excess run off. At present, a high intensity -short duration downfall can, and frequently does, flood White Bear Avenue and Ryan's Pond # I which overflows Westerly up to 250 feet which is past my property. This area is now designated a "wet land." I fear the construction of a cul-de-sac will interrupt and possible collect the runoff flow, and it will spill over onto the two properties adjacent to the cul-de-sac. The water could be channeled through to White Bear, however, in the winter with a freeze[thaw cycles, who is going to assure the channels are open to White Bear Avenue. If the street is maintained as it presently is, when Ramsey County puts in the necessary storm drain project on White Bear, as they surely will, all that would be necessary is to construct two catch basins at the intersection which would then connect to the storm drain. This would also negate the need for any storm sewer on the Easterly section of Burke Avenue. Although it does not affect me, I fear the snow plowing of the proposed cul-de-sac will severely impact the two properties adjacent to the cul-de-sac. K. There can be no doubt that a cul-de-sac will be disruptive to the existing traffic flow pattern. It would affect all residents, their guests, delivery vehicles, snow plowing equipment, and all service and emergency vehicles. Since I have lived here, I have had occasion to call the Para Medics 13 or 14 times. The majority of the time, they arrived at the house from White Bear Avenue. The necessity for these calls is no longer a factor but it does illustrate the point that "time is of the essence" in an emergency situation and a cul-de-sac would block this East access to Burke Avenue. If there was excessive non- resident use, speeding, and/or accidents as alleged, I would readily support the Petition. However, it is obvious from my remarks, I do NOT see any justification for such support. 4. While I was not able to be at the council meeting when the Petition was presented, I was able to view the cable re-run. I was also dismayed to receive this Resident Survey for Project 07-15, The revised cul-de-sac plan, which has been revised further, was a complete surprise. However, what is done is done. . With regard to the presentation of the petition, I do not have a transcript so I can not analyze it for adequacy as it would only result in further disagreement with the facts presented. To me, it was an impassioned plea, introducing many additional unsupported alleged facts which have no basis in fact. I must say that I have NEVER heard squealing brakes, seen numerous accidents, or drivers speeding around comers. Neither has the Maplewood Police Department as evi denced by their Strip Report. 5. in conclusion and to summarize: A. Reasons stated in a Petition for a cul-de-sac should stand up under scrutiny as to the facts stated. I do not believe this one does. B. Petitions requesting construction or changes in traffic flow patterns should be evaluated against established plans, specifications, Master Plans, and City Codes. Exceptions should be minimized and provide validated justification for approval. I fully realize that the City Council should not become involved or attempt to resolve personal disputes amongst neighbors. I am not asking for any of that, At M C. I see no basis for approving, this Petition and strongly urge it be denied. D. in view of the 'increased traffic on White Bear Avenue, and the prospect of a continuing increase, I would not object to a NO LEFT TURN sign be posted and enforced for the North bound White Bear Avenue traffic to prohibit a left turn (West) onto Burke Avenue. Prior to implementation, I would expect the necessity for such signage would be deemed necessary by Ramsey County or Maplewood Officials as a "necessary" Safety measure. E. In my opinion, there is NO requirement to make the one block segment of Burke Avenue from Prosperity to White Bear Avenue a PRIVATE road. If people have problems making turns onto White Bear Avenue, they have the option to do what they would have to do if the cul-de-sac or blockade were constructed. If ever a Traffic Count Survey on Burke Avenue substantiated the assumptions and allegations in this Petition, I would most seriously reconsider my response. F. If the cul-de-sac is denied, the Easterly access to Burke Avenue will remain open which will facilitate the planned use of Burke Avenue for residents, guests, delivery vehicles, snow plowing equipment, and all service and emergency vehicles. In addition, any costs associated with the construction of the cul-de-sac will be saved, snowplowing will be easier, and connection to the future White Bear storm sewer system will be simplified. 6. Should anyone have any questions or wish to discuss anything in this reply, I will make myself available at their convenience. Respectfully Submitted, Willard F. Frantz Encl. (1) Maplewood Police Department Ad-dress Report I Addmss Strip Report Complaint Occur Date & Time Address Incd Disposition 07003758 03/03/2007 10:13:56 1647 BURKE AV ASS-ASSIST CITIZEN CALLS, ALL ADV 07004458 03114=07 13:29:00 1669 BURKE AV FRAUD-UNAUTHORIZED USE OF CREDIT CARD RR 05011672 07/11=0516:10:23 1669 BURKE AV ASS-ASSIST FIREIAMBULANCE MEDF 04021372 121111200421:38:40 1669 BURKE AV DISTURBANCE-DISTURBANCE CALLS FC 06009821 06/05/200610:45:00 1675 BURK& AV ASSAULT-THREATS W/O WEAPON,NON- RR 05018666 1011=005 23:36:49 PROSPERITY RD BURKE TERRORISTIC 1011&2005 1938:11 05015128 08128/200519:30:00 1708 BURKE AV DOMESTICS RR 06016599 09/11/2005 13:20:00 BURKE AV PROSPERITY 06013429 07126/2006 23:39:00 BURKE AV PROSPERITY 06001 120 Olr=M 19:31 :57 BURKE AV PROSPERITY 07012133 07103/2007 01:67.00 BURKE AV WHITE BEAR 07008178 05/08/2007 10.44:00 BURKE AV WHITE BEAR OSD✓3487 12AM0062015 BURKE AV WHrrE BEAR 06022340 12/1112006 0 00 BURKE AV WHITE BEAR 06DO7954 0509r2M 00:24 BURKE AV WHITE BEAR 06005552 04103ifs. #K 00 BURKE AV WHrrE BEAR OSOM42 1025rAN IS10 - 00 BURKE AV WHITE BEAR 05008217 05)23=0 2313:00 BURKE AV WHITE BEAR 06•293 03 - IS Q005 00:15 BURKE AV WHITE BEAR 07014274 071=00716 PROSPERITY RD BURKE 07004017 03/071200710:18:31 PROSPERITY RD BURKE OSW2570 02fl3MM % 03 PROSPERITY R 05018666 1011=005 23:36:49 PROSPERITY RD BURKE 05018395 1011&2005 1938:11 PROSPERITY RD BURKE TRAFFIC ACCIDENT-PROPERTY DAMAGE RR INVESTIGATE AND ALL OTHER RR TRAFFIC VIOLATION -OTHER MOVING OOA TRAFFIC VIOLATION DWI-GM.REFUSAL RR VIOLATION-DRIVING AFTER RR . TRAFFIC SUSPENSION TRAFFIC VIOLATION-DRIVING AFTER RR SUSPENSION TRAFFIC VIOLATION -NO INSURANCE RR TRAFFIC VIOLATION-OTHER MOVING FC TRAFFIC VIOLATION TRAFFIC VIOLATION-GM .DRIVING AFTER RR CANCELLATION TRAFFIC VIOLATION-DRIVING AFTER RR SUSPENSION TRAFFIC VIOLATION-DRIVING AFTER RR REVOCATION TRAFFIC VIOLATION-NO INSURANCE RR TRAFFIC- STOP /ADVISE FC TRAFFIC VIOLATION-OTHER MOVING FC TRAFFIC VIOLATION TRAFFIC VIOLATION-OTHER MOVING FC TRAFFIC VIOLATION TRAFFIC VIOLATION-OTHER MOVING FC TRAFFIC VIOLATION TRAFFIC VIOLATION-OTHER MOVING FC TRAFFIC VIOLATION lnfbrmation requested by: (4704) 1 Printed at - 07/31/2007 15:391,21 !I �ci �— — I ICI 71 O �m rd I z I �� > U C') z — ® r o �� 1 F F XI II r z - - - -- — - il, c 11 rn � 307 8R �- - -� 7,x I BA z I N N I I Cl) r WOOD WALL m D X I o x I o�mo m D z z 0 ED 03 X ��) ;u m U o � N O z \ f z Cn El ((r �i �o TO: City Manager FROM: Ken Roberts, Planner SUBJECTS: Code Amendment -Planning Commission DATE: August 23 City staff, the city manager and the city attorney have reviewed the current city code about the duties of the planning commission and the planning commission's rules of procedure. They determined that some minor changes were necessary to the city code and to the rules of procedure to reflect the current practices of the City. As such, staff has prepared a code amendment for the sections of the code about the planning commission. Staff also is working on s8p8n8ie report about their nJ|8G of procedure. lKeftlellikill On March 12,2007 staff requested that the city council allow staff to review and amend the planning commission's rules Ofprocedure. City council directed city staff and the planning commission to make the recommended changes to the planning commission ordinance and rules of procedure and then to bring the items back to city council for review. DISCUSSION Code Amendments Staff determined that a few amendments to the city ordinance about the planning commission were necessary to make them consistent with the recent direction of the city manager and to be consistent with current city staff organization. The proposed changes include the following: Sec. 2-249. Chairperson and vice-chairperson. — The election Of@ chairperson and vice-chairperson now occurs annually 8Lthe second planning commission meeting in January. This does not a||Ovv all of the COnonoisSiOn members to vote On these appointments because two of the commission members terms expire annually. The proposed Cnd8 as shown in attachment 1 (page four) changes the election k} the first meeting in June annually, thus enabling all commission members tOvote. Sec. 2-251. Officers; meetings; rules of procedure . — SUaffinpvnpominQanadditionto the proposed code about meeting times for the planning commission. The newly added section (s88 page four) allows for meeting times to be in conjunction with the availability of city facilities and the meeting times Cf other groups aS directed Uy the city manager. Sec. 2-254. Responsibilities of community development director. —As directed bvthe city manager, the title of this section needed iob8 changed k] reflect current organization of the departments within the city. In addition, staff is proposing to change CVnnnnVnib/ development director to City planning staff throughout this section (see page COMMISSION ACTION [xl July 1Y.20UY. the planning commission recommended approval Vf the proposed code change. Approve the first reading of the proposed code amendment starting on page three. This amendment changes Sections 2-248 through 2-255Of the city code about the planning CVrnnn|SsiVn. P:\(PC) Planning Commission Code Amendment Memo 07(l) Attachments 1. Proposed City Code Amendment - Planning Commission 2 Attachment 1 AN ORDINANCE AMENDING DIVISION 4. PLANNING COMMISSION The Maplewood city council approves the following changes to the Maplewood Code of Ordinances (additions are underlined and deletions are crossed 0Ut): DIVISION 4. PLANNING COMMISSION* Sec. 2-246. Established. The city council establishes for the city a planning commission as an advisory board to the city council, as provided in Minn. Stots. §§462.351-462.3S4. (Code 1982.§ 25-17) Sec. 2-247. Advisory body; exceptions. All actions of the advisory planning commission shall be in the nature of recommendations to the city council, and the commission shall have no final authority about any matters, except 8s the council may lawfully delegate authority LOit. (Code 1S82.G25-18\ State law reference— City planning agency to be advisory, except as otherwise provided by state statute or charter, Minn. St8ts. 8 462.354 GUbd. 1. Sec. 2-248. Composition; appointment; qualifications; terms. (@) The planning COrnnniS3iOn Sh8]| have nine nlen1b8[3 appointed by the city COUnCi|. The members shall bR residents Of the city and may not hold GO elected city public office. When pVssib|e, the council shall select commission members tO represent the various areas Of the city and tO help meet the needs of the residents. (b) The city council shall appoint 080b800fth8DlanDirg commission for three- year t8rnls. The city Gh8U divide the membership into three groups of three members each. The terms of the three members in the same group shall end in the same year. |f the appointment isto fill 8 vacancy, the appointment would b8tV finish the unexpired part of the vacated terms. All terms shall expire On December 31 of the year in which the appointment ends. (Code 1982.§25-19) Sec. 2-249. Chairperson and vice-chairperson. The planning commission shall elect a chairperson and a vice-chairperson each year during the first plannina commission meetinci in June. at the seGGRd p The chairperson shall be responsible for calling and presiding at meetings and shall have an equal vote with other members of the commission. |f the chairperson iS not 8ta meeting, the vice-chairperson shall assume the duties Vf the chairperson for that meeting. |f the chairperson resigns from Or is otherwise no longer on the planning commission, the vice-chairperson shall become the acting chairperson until the planning commission can hold an election for new officers. (Code 19R2.§ 25-20) *State law references—K8unidpo| planning, Minn. Stots. §4G2.351 edSeq.; city planning @08noy. Minn. Gtota. § 462.354. SUbd. 1; D1etR]DV|it@D gVve[ODl8Dt Minn. 8L8tS ch. 473; Ramsey County included within "metropolitan area" over which "metropolitan council" has jurisdiction, Minn. 8t@tS.G473.121 SUbdS. 2 3; D1etn]pV|it@0 land use planning, Minn. St8tS. 8473.851etseq. ADMINISTRATION Sec. 2-250' Vacancies. (a) Any of the following may cause the office of8 planning commissioner to become vacated: M\ Death Vr removal from the city. (2) Disability or failure to S8rv8. as Sh0vvO by failure t0 attend four [n8RtiOgS in any year, may be cause for removal bvcouncil majority, Un|8ssQVod cause can be shown tO the council. (3) Resignation in writing. (4) Taking public office in the city. (b) Vacancies shall be filled by the council for the unexpired portion of the vacated term. (Code 1882.825-21) Sec. 2-251. Officers; meetings; rules of procedure. (a) The planning commission shall elect its own officers, establish meeting times in coNunction with the availability of city facilities and the meeting times of other groups as directed by the city manager, and adopt its own rules of procedure to be reviewed and approved by the city council. 4 (b) All meetings ofthe planning commission shall b9 open bJ the public. Sec. 2-252. Duties and responsibilities. The planning conlrniSsk]n Sh8U have the duty to: (1) Prepare and recommend o comprehensive plan of development for the city. /2\ Conduct hearings and make recommendations ho the city council about the adoption 0f the city comprehensive plan and any amendments thereto. The comprehensive plan certified and adopted by the city council shall be recognized 8S the city's official comprehensive plan. (3) Study and make recommendations to the city council about implementing the comprehensive plan and any land use regulations. (4) Study and make recommendations to the city council about zoning code amendments. (5) Review, prepare and make 8 report tO the city council bv the second city council meeting |n February of each year regarding the commission's activities in the past year and major projects for the new year. (6) Maintain 8 liaison and coordination with government and private agencies SV that the city council may b8 familiar with the planning activities of such agencies in order t0 establish @n order of planning and development unity for the city. (7) Review and recommend, OnOr before June 3O0f each year, ocapital improvements program tV the city council, which is designed b] accomplish the comprehensive plan for the city. (8) Review and make recommendations k} the city council ondevelopment applications, such oSrezOningS. conditional use permits, variances, vacations, preliminary plats and home occupation licenses. (0) Accept such other and further duties @S may, from time tO time, b8 directed bv the city council, including conducting hearings. (Code 1082.Q25-23\ Sec. 2-253. Compensation; expenses. All members of the planning commission shall serve without compensation. However, approved expenses of the planning commission shall be paid from available Sec. 2-254. Responsibilities of city planning staff Gommui;ity develepmeR4 Subject to the direct of the city manager, the planning commission and its chairperson, the city planning staff GGMMURity deVelOpMeRt diFeGtG shall: (1) Conduct all correspondence Of the commission. C2\ Send out all required notices. (3) Attend all meetings and hearings of the commission. (4) Keep the dockets and minutes of the cOnnnni3SiOn'S proceedings. (5) Keep all required records and files. (6) Maintain the files and indexes of the commission. Sec. 2-255. Duties of city engineer city attorney city inspectors mndmkhercity (a) The city engineer and the city attorney shall b8 available LV the planning SOnnrnisai0n. The city engineer and attorney sha have the right tn sit in with the commission 8t all meetings, but shall not b8 entitled LVvote as members of the commission. (b) All city inspectors and other regular employees or personnel of the city shall cooperate with the planning commission and make themselves available and attend meetings when requested tOd0so. (Code 1S82.§25-2W) Secs. 2-256-2-280. Reserved' This ordinance shall take effect after publishing in the official newspaper. The Maplewood City Council approved this ordinance on 2007. Attest: City Clerk Mayor � AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Finance and Administration Manager RE: APPROVAL OF CLAIMS DATE: August 17, 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. I�lT�l�ffi► ' • i $ - No accounts payable checks were processed during this report period. $ 169,324.80 Disbursements via debits to checking account dated 08102107 thru 08/09/07 $ 1,322,925.54 Checks # 73312 thru # 73401 dated 08/07/07 thru 08/21/07 $ 324,201.13 Disbursements via debits to checking account dated 08/10/07 thru 08/16/07 $ 1,816,451.47 Total Accounts Payable PAYROLL $ 511,623.81 Payroll Checks and Direct Deposits dated 08 /10 /07 $ 2,624.27 Payroll Deduction check # 1002820 thru # 1002822 dated 08/10/07 $ 514,248.08 Total Payroll $ 2,330,699.55 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 necessary. ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2007\Agenda Reports \08- 27 -07 \I1 Approval of Claims CITY OF MAPLEVVOOD Disbursements via Debits bu Checking account Transmitted Date O8/O1/O7 O8/U1/07 U8/O2/07 U8/O2/0T U8/O2/O7 O8/U3/0T U8/OG/07 U8/O7/0T O8/O7/O7 O8/O8/07 Settlement Date O0O2/O O8/O2/0 U8/O3/07 08/O3/0T O8/03/O7 O8/UG/07 U8/O7/07 U8/OO/0T O8/O8/O7 O8/OS/0T Payee MN State Treasurer ARC Administration MN State Treasurer MN Dept of Natural Resources yNN Dept ofRevenue MN State Treasurer MN State Treasurer MN State Treasurer US Bank VISA One Card* MN State Treasurer 1� Description Amount Drivers License/Deputy Registrar DCRP& Flex plan payments Drivers License/Deputy Registrar DNR electronic licenses Fuel Tax Drivers Limanae/DeputyReQimtror Drivers Lioenae/OeputyRegio\nar Drivers License/Deputy Registrar Purchasing card items Drivers License/Deputy Registrar *Detailed listing of VISA purchases iaattached. 24,523.65 4,485.00 17,030.57 803.50 242.40 18.768.81 18,687.13 19,503.80 53,079.94 12,200.00 Visa Transactions Posted from 07/23/2007 to 08/03/07 Trans Date Posting Date Merchant Name Trans Amount Name 07/20/07 07/23/07 FACTORY CARD OUTLET #284 $79.98 MANDY ANZALDI 07/20/07 07/23/07 SPRINT *WIRELESS SVCS $44.62 JIM BEHAN 07/25/07 07/26/07 HENRIKSEN ACE HARDWARE $55.28 JIM BEHAN 07126/07 07/30/07 AQUA LOGIC INC $12.78 JIM BEHAN 07/27/07 07/30/07 ELECTRIC MOTOR REAPIR $458.06 JIM BEHAN 07/30/07 08/01/07 THE HOME DEPOT 2801 $233.24 JIM BEHAN 07/31/07 08/01/07 NORTHSHORE CARE SUPPLY $398.00 JIM BEHAN 08102/07 08103/07 DIAPER DECK & COMPANY $227.68 JIM BEHAN 07127/07 07/30/07 EAT INC $82.32 RON BOURQUIN 07/30/07 07/31/07 CONCRETE FORM ENGINEERS $423.44 TROY BRINK 07/30/07 07/31/07 UNITED RENTALS #D09 $16.83 TROY BRINK 08102/07 08/03/07 CONCRETE FORM ENGINEERS $85.60 TROY BRINK 07/20/07 07/23/07 INNOVATIVE COLOR PRINTING $378.61 HEIDI CAREY 07/24/07 07/25/07 FONT BROTHERS INC. $23.43 HEIDI CAREY 07/27/07 07/30/07 DEX EAST - LOCKBOX $35.95 HEIDI CAREY 07/30/07 08101/07 PRESS PUBLICATIONS $143.94 HEIDI CAREY 07/30/07 08/01/07 INNOVATIVE COLOR PRINTING $42.30 HEIDI CAREY 07/20/07 07/23/07 THE HOME DEPOT 2810 $72.29 CHARLES DEAVER 07/24/07 07/25/07 MENARDS 3022 $28.86 CHARLES DEAVER 07125/07 07/27/07 THE HOME DEPOT 2810 ($72.29) CHARLES DEAVER 07/26/07 07/30/07 THE HOME DEPOT 2801 ($5.29) CHARLES DEAVER 07/26/07 07/30/07 MICHAELS #9401 $7.47 CHARLES DEAVER 07/26/07 07/30/07 THE HOME DEPOT 2801 $21.84 CHARLES DEAVER 07131/07 08102 /07 RAINBOW FOODS 00088526 $13.13 CHARLES DEAVER 08101/07 08/02/07 MENARDS 3022 $22.44 CHARLES DEAVER 08/01/07 08/03/07 BREEZY POINT RESORT /RES -C $525.00 ROBERT J DOLLERSCHELL 07/23/07 07/24/07 MOGREN LANDSCAPE SUPPLY L $74.55 DOUG EDGE 07130/07 07/31/07 ICI- DULUX- PAINTS #0092 $1,479.92 DAVE EDSON 08/02/07 08/03/07 MENARDS 3059 $15.91 DAVE EDSON 07/30/07 07/31/07 PANERA BREAD #1305 $441.63 THOMAS G EKSTRAND 07/20/07 07/23/07 IAI *IDEA ART $610.44 LARRY FARR 07/22/07 07123/07 KOHL'S #0055 $77.97 LARRY FARR 07/23/07 07/24/07 WW GRAINGER 501 $779.85 LARRY FARR 07/23/07 07/25/07 THE HOME DEPOT 2801 $29.82 LARRY FARR 07/24/07 07/26/07 TWIN CITY HARDWARE HALE $826.68 LARRY FARR 07124/07 07/30/07 CRAMER BLDG SERVICES INC $1,576.26 LARRY FARR 07/26/07 07/27/07 COMMERCIAL FURNITURE SRVC $106.50 LARRY FARR 08/01/07 08/02/07 TARGET 00021352 $119.40 LARRY FARR 08/02/07 08/03/07 WMS *WASTE MGMT WMEZPAY $359.04 LARRY FARR 08102/07 08103/07 WMS *WASTE MGMT WMEZPAY $442.83 LARRY FARR 08102/07 08/03/07 WMS *WASTE MGMT WMEZPAY $904.82 LARRY FARR 08/02/07 08/03/07 FINAL TOUCH SERVICES INC $207.68 LARRY FARR 08/02/07 08/03/07 FINAL TOUCH SERVICES INC $239.63 LARRY FARR 08102/07 08/03/07 MENARDS 3022 $519.17 LARRY FARR 07/20/07 07/23/07 CRAGUNS LODGE AND GOLF RE $188.60 DAVID FISHER 07/20/07 07/23/07 CRAGUNS LODGE AND GOLF RE $188.60 DAVID FISHER 08/02/07 08/03/07 SCIENCE MUSEUM RAMP $5.00 DAVID FISHER 07/24/07 07125/07 ASSET RECOVERY CORP $57.73 MYCHAL FOWLDS 07/24/07 07/26/07 SMITH MICRO TECHNOLOGIES $180.00 MYCHAL FOWLDS 07/24/07 07/26/07 SPRINT PCS- 995 -SP WEB $399.45 MYCHAL FOWLDS 07/25/07 07/26/07 ATT* SERVICE $1,013.60 MYCHAL FOWLDS 07125/07 07/26/07 QWESTCOMM *TN651 $66.45 MYCHAL FOWLDS 07/25/07 07/26/07 GOVDOCS.COM, INC. $410.00 MYCHAL FOWLDS 07/30/07 08/01/07 INSIGHT PUBLIC SECTORS $1,230.61 MYCHAL FOWLDS 07/30/07 08/02/07 IRONKEY.COM $345.77 NICK FRANZEN 07119/07 07123/07 OFFICE DEPOT #1090 $11.19 PATRICIA FRY 07125/07 07/26/07 WWW CHARITYBOX COM $70.40 VIRGINIA GAYNOR 07/19/07 07/23/07 STREAMLINE DESIGN INC $336.00 MIKE GRAF 07/20/07 07/23/07 SPRINT AQUATICS $178.92 MIKE GRAF 3 Visa Transactions Posted from 07/23/2007 to 08/03/07 Trans Date 07/25/07 07/19/07 07/21/07 07126/07 07/26/07 07/30/07 07/19/07 07119/07 07126/07 07/29/07 07/19/07 07/23/07 07/30/07 08/01/07 07/27/07 08/02/07 07/26/07 07/30/07 08/01/07 07126/07 07/25/07 07/23/07 07/23/07 07126/07 07127/07 07/27/07 07/27/07 07/31/07 07/20/07 07/24/07 07/25/07 08/01/07 08/02/07 07/30/07 07/31/07 08/01/07 07/20/07 07/20/07 07/24/07 07125/07 07127/07 07/27/07 07/27/07 07/27/07 07/31/07 08/01/07 08/01/07 08/02/07 07/25/07 07/20/07 07/31/07 08/01/07 08/01/07 07/22/07 07/28/07 07131/07 08102/07 08/01/07 07/20/07 Posting Date 07/26/07 07/23/07 07/23/07 07/27/07 07/30/07 07/31/07 07/23/07 07123/07 07/30/07 08/01/07 07/23/07 07/24/07 08/01/07 08/03/07 07/30/07 08103/07 07/30/07 07/31/07 08/03/07 07/30/07 07/30/07 07/24/07 07/25/07 07130/07 07/30/07 07/30/07 07/30/07 08/01/07 07/23/07 07/25/07 07/26/07 08103/07 08/03/07 07/31/07 08/02/07 08/03/07 07/23/07 07/23/07 07/26/07 07127/07 07/30/07 07/30/07 07/30/07 07/30/07 08/02/07 08/03/07 08/03/07 08103/07 07/26/07 07/23/07 08/02/07 08/02/07 08/03/07 07/23/07 07/30/07 08/01/07 08/03/07 08/02/07 07/23/07 Merchant Name SPRINT AQUATICS CVS PHARMACY #1751 Q03 VERIZON WRLS M3097 -01 NORTHWEST LASERS INC CATCO PARTS &SERVICE HENRIKSEN ACE HARDWARE CUSTOMER SUPT CENTER OFFICE DEPOT #1090 THE STAR TRIBUNE CIRCULAT APEX MANAGEMENT SERVICES SANDY'S SEWING DEN MENARDS 3059 OFFICE MAX THE HOME DEPOT 2801 AMERICAN RED CROS01 OF 01 TARGET 00011858 U OF M PARKING AND TRANS METRO SALES INC DE LAGS LANDEN OP01 OF 01 CVS PHARMACY #1751 Q03 DALCO ENTERPRISES, INC UNITED RENTALS #D09 VANCE BROTHERS INC MAGAZINE LINE OXYGEN MICHAELS #2744 THE HOME DEPOT 2801 VZWRLSS *APOCC VISN REED BUS INFO ACCT REC LILLIE SUBURBAN NEWSPAPE ARVEY PAPER & OFFICE PRO RAPID PACKAGING CTO *GOTOMYPC.COM MENARDS 3022 THE HOME DEPOT 2801 MICHAELS #2744 EAT INC CLAREY'S SAFETY EQUIPM AIRGAS NORTH CENTRAL OVERHEAD DOOR OF NORTH RAINBOW FOODS 00088617 EMERGENCY APPARATUS MAINT EMERGENCY APPARATUS MAINT EMERGENCY APPARATUS MAINT AIRGAS NORTH CENTRAL ASPEN MILLS 8005717343 BREEZY POINT RESORT /RES -C ADVANCED GRAPHIX INC NAPA AUTO PARTS LITTLE CA GRUBER'S POWER EQUIPME THE TESSMAN COMPANY HENRIKSEN ACE HARDWARE ON SITE SANITATION INC QW ESTCOMM *TN651 COMCAST CABLE COMM LISPS 2663650015 FSH COMMUNICATION01 OF 01 METROCALL ARCH WIRE CINTAS FIRST AID #431 Trans Amount ($1.16) $27.25 ($15.96) $123.05 $26.58 $1.59 $746.90 $185.95 $112.58 $150.00 $210.83 ($29.81) $20.10 $29.38 $661.00 $99.62 $8.00 $1,697.37 $206.61 $8.20 $729.40 $254.84 $273.17 $77.94 $19.97 $31.28 $63.71 $66.79 $356.80 $2,311.87 $2,000.00 $68.83 $19.95 $48.43 $16.38 $12.03 $18.00 $289.94 $414.09 $250.15 $13.39 $1,428.36 $1,177.03 $1,170.52 $1,124.43 $44.95 $525.00 $68.16 $31.89 $134.12 $551.06 $157.39 $1,079.04 $57.79 $117.35 $10.00 $63.90 $15.93 $54.98 Name MIKE GRAF KAREN E GUILFOILE KAREN E GUILFOILE MARK HAAG MARK HAAG MARK HAAG LORI HANSON LORI HANSOM LORI HANSON LORI HANSON PATRICK HEFFERNAN PATRICK HEFFERNAN PATRICK HEFFERNAN RICK HERLUND RON HORWATH RON HORWATH ANN E HUTCHINSON ANN E HUTCHINSON ANN E HUTCHINSON SCOTTJACOBSON DAVID JAHN DON JONES DON JONES MARY B KOEHNEN MARY B KOEHNEN MARY B KOEHNEN MARY B KOEHNEN DUWAYNE KONEWKO LISA KROLL LISA KROLL LISA KROLL LISA KROLL ERIN M LABEREE DENNIS LINDORFF DENNIS LINDORFF DENNIS LINDORFF STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN STEVE LUKIN GORDON MALLORY MARK MARUSKA MARK MARUSKA MARK MARUSKA MARK MARUSKA ROBERT MITTET ROBERT MITTET ROBERT MITTET ROBERT MITTET ED NADEAU BRYAN NAGEL Il Visa Transactions Posted from 07/23/2007 to 08/03/07 Trans Date 08/02/07 07/24/07 07/25/07 07/24/07 08/01/07 07/23/07 07/23/07 07126/07 07127/07 07/27/07 07/21/07 07/23/07 07/25/07 07/27/07 07/31/07 08/01/07 08/02/07 07/20/07 07/23/07 07130/07 08/01/07 07/25/07 07/26/07 07119/07 07119/07 07/19/07 07/20/07 07/23/07 07/25/07 07/25/07 07/25/07 07/25/07 07/25/07 07/25/07 07/26/07 07126/07 07/27/07 07/30/07 07/30/07 07130/07 07131/07 08/01/07 08/02/07 07126/07 07/31/07 08/02/07 08/01/07 07/20/07 07/30/07 07/19/07 07/20/07 07/23/07 07/26/07 07/27/07 07/30/07 08101/07 08102/07 07/23/07 07/23/07 Posting Date 08/03/07 07/25/07 07/25/07 07/26/07 08/02/07 07/25/07 07/25/07 07130/07 07/30/07 07/30/07 07/23/07 07/24/07 07/26/07 07/30/07 08/01/07 08102/07 08/03/07 07/23/07 07/24/07 08/01/07 08/03/07 07/27/07 07/30/07 07123/07 07/23/07 07/23/07 07/23/07 07/26/07 07/26/07 07/26/07 07/27/07 07127/07 07/27/07 07/27/07 07/27/07 07/27/07 07/30/07 07/31/07 08/02/07 08102/07 08/01/07 08/03/07 08/03/07 07/30/07 08/01/07 08/03/07 08/02/07 07123/07 08 /02/07 07/23/07 07/23/07 07/25/07 07/27/07 07/30/07 08/01/07 08103/07 08 /03/07 07/25/07 07/25/07 Merchant Name EULL'S MANUFACTURING CO. RON'S VIRTUE PRINTI OFFICE DEPOT REBILL OAKDALE RENTAL CENTER TRI STATE BOBCAT OFFICE MAX PARTY AMERICA 1008 OFFICE DEPOT #1090 OFFICE DEPOT #1090 THE HOME DEPOT 2801 PAYPAL *METALDETECT PAYPAL *METALDETECT MEDCO SUPPLY GRAFIX SHOPPE SIRCHIE FINGER PRINT LABO SIRCHIE FINGER PRINT LABO TARGET 00011858 ALLINA EMGERGENCY MED ED BATTERY TECH CENTRAL OFFICE MAX MILLS FLEET FARM #27 METRO SALES INC OFFICE MAX KATH AUTO PARTS NSP KATH AUTO PARTS NSP FACTORY MOTOR PARTS #19 KATH AUTO PARTS NSP RUFFRIDGE - JOHNSON EQUIP PERFORMANCE TRANSMI TURF WORKS FEI EAST KATH AUTO PARTS NSP KATH AUTO PARTS NSP KATH AUTO PARTS NSP SCHELEN GRAY AUTO ELECT DELEGARD TOOL COMPANY TURF WORKS FEI EAST BOYER FORD TRUCKS INC WINTER EQUIPMENT CO INC AMERICAN FASTENER & SUPPL CR FIRST NATL 33200023 SOI *SNAP -ON INDUSTRIAL KATH AUTO PARTS NSP BAUER BULT TRE33200023 SHRED -IT 01 OF 01 HEALTHEAST TRANSPORTATN ACCURINT EOM AUTO P WONDERLIC HILLYARD INC MINNEAPOLIS DALCO ENTERPRISES, INC MICHAELS #2744 CUB FOODS, INC. HOLLYWOOD VIDEO TARGET 00011858 CUB FOODS, INC. WILD MTN. & TAYLORS WILD MOUNTAIN TARGET 00011858 OAKDALE RENTAL CENTER THE OLIVE GARD00012005 Trans Amount $616.92 $223.93 $56.97 $169.34 $174.75 $45.78 $21.95 $21.90 $107.25 $26.59 $318.91 ($318.91) $76.47 $360.00 $189.03 $107.21 $70.07 $55.00 $108.50 $22.35 $17.16 $279.02 $24.47 $36.75 $115.79 $192.05 $50.76 $93.65 $154.65 $440.48 $23.19 $63.29 $20.63 $352.03 $100.48 $24.26 $683.17 $1,111.71 $102.61 $424.40 $169.55 $77.99 $116.63 $106.56 $931.11 $30.00 $462.96 $1,999.15 $576.18 $118.15 $34.93 $4.25 $121.74 $23.73 $60.00 $964.90 $63.25 $179.99 $142.23 Name BRYAN NAGEL AMY NIVEN AMY NIVEN ERICK OSWALD ERICK OSWALD MARY KAY PALANK MARY KAY PALANK MARY KAY PALANK MARY KAY PALANK ROBERT PETERSON PHILIP F POWELL PHILIP F POWELL PHILIP F POWELL PHILIP F POWELL PHILIP F POWELL PHILIP F POWELL PHILIP F POWELL ROBERT PRECHTEL ROBERT PRECHTEL ROBERT PRECHTEL ROBERT PRECHTEL WILLIAM J PRIEFER WILLIAM J PRIEFER STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM STEVEN PRIEM KEVIN RABBETT KEVIN RABBETT KEVIN RABBETT TERRIE RAMEAUX MICHAEL REILLY MICHAEL REILLY AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS ROBERT RUNNING HARRIET J RYDEL Visa Transactions Posted from 07/23/2007 to 08/03/07 Trans Date Posting Date Merchant Name Trans Amount Name 07/24/07 07/25/07 THE UPS STORE #2171 $10.28 HARRIET J RYDEL 07/24/07 07/26/07 OFFICE DEPOT #1090 $80.14 HARRIET J RYDEL 07/30/07 07/31/07 OFFICE DEPOT #1090 $27.18 HARRIET J RYDEL 07130/07 07/31/07 OFFICE DEPOT #1090 $20.99 HARRIET J RYDEL 08/01/07 08/02/07 GE CAPITAL $43.67 HARRIET J RYDEL 07/25/07 07/27/07 CARQUEST 01021104 $34.14 JAMES SCHINDELDECKER 07/31/07 08/01/07 MENARDS 3022 $17.87 JAMES SCHINDELDECKER 08101/07 08103/07 THE HOME DEPOT 2801 $39.33 JAMES SCHINDELDECKER 07119/07 07/23/07 INTOXIMETERS, INC. $288.90 MICHAEL SHORTREED 07/20/07 07/23/07 LAW ENFORCEMENT TARGET $131.61 MICHAEL SHORTREED 07/23/07 07/25/07 LAW ENFORCEMENT TARGET $60.99 MICHAEL SHORTREED 07124/07 07/26/07 UNIFORMS UNLIMITED INC $67.63 MICHAEL SHORTREED 07/24/07 07/26/07 UNIFORMS UNLIMITED INC $98.99 MICHAEL SHORTREED 07/26/07 07/27/07 ABIKESTORE.COM $89.88 MICHAEL SHORTREED 07/28/07 07/30/07 U OF M CCE $75.00 MICHAEL SHORTREED 08/01/07 08102/07 JOHN E REID & ASSOC INC $150.00 MICHAEL SHORTREED 08/02/07 08/03/07 RICHFIELD BUS CO. $372.00 ANDREA SINDT 07/23/07 07/24/07 LOFFLER COMPANIES INC $266.03 JOANNE M SVENDSEN 08/01/07 08/02/07 T- MOBILE RECURRING PMT $135.91 DOUGLAS J TAUBMAN 07127/07 07/30/07 MICHAELS #2744 $14.13 JAMES TAYLOR 07/26/07 07/30/07 THE HOME DEPOT 2801 $11.15 TODD TEVLIN 07/24/07 07/26/07 OUTBACK #2420 $18.54 SUSAN ZWIEG 07/25/07 07/27/07 ANCOM TECHNICAL CENTER IN $199.00 SUSAN ZWIEG 07125/07 07127/07 OUTBACK #2420 $25.89 SUSAN ZW I EG 07125/07 07/27/07 GRANDMAS SALOON & GRIL $13.60 SUSAN ZWIEG 07/26/07 07/30/07 ANCOM COMMUNICATIONS INC $546.35 SUSAN ZWIEG 07/26/07 07/30/07 GRANDMAS SALOON & GRIL $15.34 SUSAN ZWIEG 07127/07 07/30/07 COUNTRY INN & SUITES HERM $186.20 SUSAN ZWIEG 07/29/07 07/30/07 PAPA JOHNS #1838 $80.67 SUSAN ZWIEG 07/30/07 07/31/07 AE SIGN SYSTEMS $76.68 SUSAN ZWIEG 07/30/07 07/31/07 MENARDS 3059 $13.82 SUSAN ZWIEG 07/31/07 08103/07 WORKPLACEPRO COM $128.30 SUSAN ZWIEG 08/01/07 08/03/07 BREEZY POINT RESORT /RES -C $525.00 SUSAN ZWIEG 0 Check Register City of Maplewood 08/17/2007 Check Date Vendor Description Amount 73312 08/07/2007 00152 JOHN BANICK PER SETTLEMENT AGREEMENT 29,701.60 73313 08/1412007 01283 POST BOARD POLICE OFFICER LICENSE 90.00 73314 08/1612007 00001 ONE TIME VENDOR REFUND B SELBY - DAYCAMP 161.00 73315 08/2112007 00463 EMERGENCY APPARATUS MAINT REPAIR AMB MEDIC 2 2,380.42 0812112007 00463 EMERGENCY APPARATUS MAINT REPAIR ENGINE 1 2,064.18 73316 08/2112007 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - JULY 102.24 73317 0812112007 03576 EUREKA RECYCLING RECYCLING -AUGUST 18,365.49 73318 0812112007 00519 FLEXIBLE PIPE TOOL CO. VIDEO CABLE REAIR KIT & LABOR 458.96 73319 0812112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 08/2112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 08/2112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 08/2112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 0812112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 08/2112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 0812112007 01949 GARY L FISCHLER & ASSOC PA CANDIDATE SCREEN 275.00 73320 0812112007 00687 HUGO'S TREE CARE INC STORM DAMAGE TREE TRIMMING 465.94 73321 0812112007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 06 -16 PROF SRVS THRU 6130 41,608.99 08/2112007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 04 -21 PROF SRVS THRU 6/30 13,193.04 08/2112007 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 07 -15 PROF SRVS THRU 6130 9,367.75 73322 08/2112007 02938 KORTERRA INC LOCATE TICKET PROCESSING 1,324.00 73323 0812112007 01337 RAMSEY COUNTY -PROP REC & REV ACCUVOTE VOTING SYSTEM 2,454.55 73324 08/2112007 01360 REINHART FOODSERVICE MDSE FOR RESALE 397.62 73325 0812112007 01504 CITY OF ST PAUL CRIME LAB SERVICES - JULY 85.00 73326 0812112007 02462 SCOTT D WEMYSS NAMETAGS 128.54 73327 0812112007 01190 XCEL ENERGY ELECTRIC UTILITY 12,564.02 08/2112007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 5,821.83 08/2112007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,725.24 08/2112007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 2,723.28 0812112007 01190 XCEL ENERGY ELECTRIC UTILITY 1,046.77 08/2112007 01190 XCEL ENERGY EQUIP LOAN 494.06 0812112007 01190 XCEL ENERGY ELECTRIC & GAS UTILITY 307.06 0812112007 01190 XCEL ENERGY FIRE SIRENS 46.38 73328 0812112007 01798 YOCUM OIL CO. UNLEADED MID -GRADE 89 OCT 17,721.47 73329 08/2112007 03918 ACCOUNTEMPS TEMP EMPLOYEE WEEK END 7/27 1,834.40 73330 08/2112007 03613 ACTION IMPRINTS SWEATSHIRTS & T- SHIRTS 1,272.50 73331 08/2112007 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEE 7130 - 8/12 1,705.33 73332 0812112007 00122 ARDEN SHOREVIEW ANIMAL HOSP VETERINARIAN SERVICES FOR K9 DUKE 198.20 08/2112007 00122 ARDEN SHOREVIEW ANIMAL HOSP VETERINARIAN SERVICES FOR K9 DUKE 149.40 0812112007 00122 ARDEN SHOREVIEW ANIMAL HOSP ADJ COST ON VET SRVS FOR K9 DUKE 48.60 73333 0812112007 01936 CHAD BERGO REIMB FOR INTERNET SERVICES JULY 52.95 73334 0812112007 03738 BETHEL & ASSOCIATES PA HR SERVICES 811 - 8115 1,893.00 73335 08/2112007 00230 BRYAN ROCK PRODUCTS, INC. PIP RAP FOR STORM PROJECT 349.22 73336 08/2112007 00240 G.S.G. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 73337 08/2112007 03927 RICHARD N. & LISA M. CARLSON PROJ 07 -15 PERMANENT EASEMENT 20.25 73338 0812112007 00371 DAKOTA CTY TECHNICAL COLLEGE EMERGENCY RESPONSE DRIVING - 1,800.00 08/2112007 00371 DAKOTA CTY TECHNICAL COLLEGE EMERGENCY RESPONSE DRIVING - 600.00 73339 0812112007 03926 DELEGARD TOOL CO TOOLS & SUPPLIES 2,503.97 73340 0812112007 00358 DGM INC. TOW FORFEITURE VEHICLE 175.73 0812112007 00358 DGM INC. TOW FORFEITURE VEHICLE 149.10 08/2112007 00358 DGM INC. TOW VEHICLE 149.10 08/2112007 00358 DGM INC. TOW VEHICLE 149.10 08/2112007 00358 DGM INC. TOW VEHICLE 149.10 0812112007 00358 DGM INC. TOW FORFEITURE VEHICLE 122.48 73340 08/2112007 00358 DGM INC. TOW FORTEITURE VEHICLE 122.48 0812112007 00358 DGM INC. TOW FORFEITURE VEHICLE 111.83 0812112007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 0812112007 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 7 08/17/2007 Check Date 73341 73342 73343 73344 73345 73346 73347 73348 73349 73350 73351 73352 73353 73354 73355 73356 73357 73358 73359 73360 73361 73362 73363 73364 73365 73366 73367 73368 73369 73370 73371 73372 73373 73374 73375 73376 73377 73378 73379 73380 73381 73382 73383 73384 73385 73386 73387 08/21/2007 08/2112007 08/2112007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08/2112007 08/2112007 08/21/2007 08/2112007 08121/2007 08/2112007 08/21/2007 08/2112007 08/2112007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08/2112007 08/2112007 08/21/2007 08/2112007 08121/2007 08/2112007 08/21/2007 08/2112007 08/2112007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08/2112007 08/2112007 08/21/2007 08/2112007 08121/2007 08/2112007 08/21/2007 08/2112007 08/2112007 08/2112007 08121/2007 08/2112007 08121/2007 08/2112007 08121/2007 If ff !! ff 00399 02625 02625 If !! 03924 Ifs: 00604 02945 02945 02945 0 f 1 f 1! f 0 f !! 00 01001 03819 ffff 00 ffff 00 Ili! 00 00 001 00 ffff 00 ffff 00 Ili! 01941 f 03872 03530 03920 f f 01340 03830 f 02001 1 01417 Check Register City of Maplewood DGM INC. DGM INC. DGM INC. DGM INC. DIAMOND VOGEL PAINTS DRAGONFLY GARDENS DRAGONFLY GARDENS DRAGONFLY GARDENS EGAN COMPANIES INC FINAL TOUCH SERVICES INC FOREST LAKE CONTRACTING INC FORMS & SYSTEMS OF MINNESOTA FRATTALONE COMPANIES INC. GROUP HEALTH PLAN INC HEALTHEAST VEHICLE SERVICES HEALTHEAST VEHICLE SERVICES HEALTHEAST VEHICLE SERVICES HEALTHEAST VEHICLE SERVICES ERIK HJELLE MARY JO HOFMEISTER IMPERIAL IMPRESSIONS LA METTRY'S COLLISION DEPT OF LABOR & INDUSTRY DIANA LONGRIE MAPLEWOOD BAKERY MDRA METRO SALES INC METROPOLITAN COUNCIL MIDWEST LOCK & SAFE INC MINNESOTA POLITICAL PRESS, INC NAI ARCHITECTS, INC. ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PATRICK TROPHIES POSTMASTER PRO STAFF DAVID PUNG QWEST INTERPRISE AMERICA, INC. QWEST INTERPRISE AMERICA, INC. REGAL AUTO WASH DETAIL XX REGIONS HOSPITAL RIVERLAND COMMUNITY COLLEGE ROAD RESCUE EMERGENCY VEHICLES CITY OF ROSEVILLE RYAN PLUMBING & HEATING CO. SALVATION ARMY Description TOW FORFEITURE VEHICLE TOW VEHICLE TOW VEHICLE TOW VEHICLE PAINT FOR MESSAGE PAINTING PLANTS FOR CITY HALL CAMPUS PROJ 05 -16 PLANTS PLANTS FOR CITY HALL RAINGARDEN HEATING & A/X UNIT AT STATION 4 WINDOW CLEANING PROJ 05 -16 KENWOOD PMT #10 TICKET WRITER PRINTER PAPER PROJ 06 -17 CARMAX/MOGREN PMT #2 PROJ 07 -15 PERMANENT EASEMENT VEHICLE CONVERSION VEHICLE CONVERSION VEHICLE CONVERSION VEHICLE CONVERSION REIMS FOR INT 4/1 - 7/31 REIMB FOR MILEAGE 6/26 - 8/1 TICKET ENVELOPES BODY & PAINT REPAIR SQUAD #904 MONTHLY SURTAX - JULY 2305151810 REIMB FOR INT 3/22 - 7122 MDSE FOR RESALE MEMBERSHIP DUES S MAPLEWOOD MORATORIUM STUDY MONTHLY SAC - JULY LCN POW ERBOARD, LABOR, TRIP CHG 2007 -2008 DIRECTORY CONSULTING FOR MCC 2ND FLOOR REFUND V BIXBY - AMB 6004516 REFUND C SHOBERG - AMB 05001548 REFUND W JOHNSON - AMB 07947 REFUND TOWNS NEW CENTURY -PROJ REFUND J VANSW EARINGEN - AMB REFUND EMMAS PLACE - MEMBERSHIP REFUND K OTTO - TREE REMOVAL REFUND M VAN - PD BY PATIENT & REFUND B OLSON - SOFTBALL REFUND R FERNOW - AMB 05022426 REFUND P HAIDER - AMB 071592 REFUND J KORNGABLE - AMB 05020728 REFUND K ZILLEY - OVERPD DAY CAMP ADULT SOFTBALL TROPHIES BUSINESS REPLY MAIL ACCT PERMIT TEMP CONTROLLER WEEK END 7/29 REPAIR MANUAL FOR FORD DIESEL REPAIR 911 TELEPHONE SYSTEM 3/8 REPAIR 911 TELEPHONE SYSTEM 3/15 CAR WASH FEE - JULY MEDICAL SUPPLIES TRAINING REPAIR VEHICLE USED AUDIO RECORDERS INSTALL TOILET REIMB FOR OVERPMT MCC Amount 90.53 53.25 53.25 53.25 852.85 961.22 855.62 762.02 17,180.00 3,003.30 84,746.51 112.37 593,406.43 2,487.00 1,741.15 1,024.26 814.20 684.62 171.80 13.82 409.07 3,117.17 1,481.26 171.80 355.51 495.00 1,059.50 14,924.25 730.21 47.70 210.00 965.50 747.00 619.78 579.92 415.00 273.50 186.38 179.03 140.00 95.31 81.69 21.00 20.00 201.29 2,000.00 2,313.19 158.68 319.50 213.00 163.85 441.44 1,000.00 257.43 150.00 1,125.00 34.30 Check Register City of Maplewood 08/17/2007 Check Date Vendor Description Amount 73388 08/21/2007 02632 SERVICE MASTER CLEANING SERVICES 479.25 73389 08/2112007 01455 MICHAEL SHORTREED NATIONAL NIGHT OUT SUPPLIES 29.77 73390 08/2112007 01463 SISTER ROSALIND GEFRE MCC MASSAGES - JULY 1,661.00 73391 08/2112007 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY- KENNARD IRRIGATION 789.48 73392 0812112007 01545 SUBURBAN RATE AUTHORITY MEMBERSHIP FEES 1,600.00 73393 08/2112007 01574 T.A. SCHIFSKY & SONS, INC PROJ 06 -16 DESOTO /SKILLMAN PMT #2 377,398.76 73394 0812112007 01574 T.R. SCHIFSKY & SONS, INC BASE & ASPHALT FOR TRAIL AT 1,184.18 0812112007 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS 892.76 73395 0812112007 01588 DOUGLAS J TAUBMAN REIMS FOR MILEAGE 1107 - 8115 118.34 73396 08/2112007 01026 DEPT OF TRANSPORTATION FEE TO UPDATE MANUALS 5.00 73397 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 560.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 535.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 405.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 350.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 350.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 350.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 275.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 275.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 275.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 235.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 160.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -15 SEWER TELEVISING 160.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 160.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 160.00 0812112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 160.00 08/2112007 02069 ULTIMATE DRAIN SERVICES INC PROJ 07 -14 SEWER TELEVISING 160.00 73398 08/2112007 01683 UNIFORMS UNLIMITED INC POLICE VEST 749.95 73399 08/2112007 02464 US BANK FUNDS FOR ATM 6,000.00 73400 0812112007 01750 THE WATSON CO INC MDSE FOR RESALE 417.37 08/2112007 01750 THE WATSON CO INC MDSE FOR RESALE 367.55 0812112007 01750 THE WATSON CO INC MDSE FOR RESALE 356.91 73401 0812112007 01828 KRIS A W EAVER REIMB FOR MILEAGE 111 - 7131 22.28 1 322.925.54 90 Checks in this report. A CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Date 08/09/07 08/09/07 08/09/07 08/09/07 08/09/07 08/10/07 08/10/07 08/10/07 08/13/07 08/13/07 08/13/07 08/13/07 08/13/07 08/14/07 08/15/07 08/15/07 Settlement Date 08/10/07 08/10/07 08/10/07 08/10/07 08/10/07 08/13/07 08/13/07 08/13/07 08/14/07 08/14/07 08/14/07 08/14/07 08/14/07 08/15/07 08/16/07 08/16/07 Payee MN State Treasurer MN Dept of Natural Resources Pitney Bowes ICMA (Vantagepointe) Orchard Trust MN State Treasurer MN State Treasurer WI Dept of Revenue MN State Treasurer MidAmerica - ING MN State Treasurer WI Dept of Revenue Labor Unions MN State Treasurer MN State Treasurer ARC Administration Description Drivers License /Deputy Registrar DNR electronic licenses Postage Deferred Compensation Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax State Payroll Tax Drivers License /Deputy Registrar HRA Flex plan State Payroll Tax State Payroll Tax Union Dues Drivers License /Deputy Registrar Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 18,923.37 723.50 2,985.00 3,883.66 22,936.15 14,877.93 106, 737.24 74,272.96 20, 521.25 1,897.54 21,259.16 1,045.34 2,950.49 15,271.26 14,910.76 1,005.52 324,201.13 10 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 08/10107 CAVE, REBECCA 397.80 08/10107 HJELLE, ERIK 397.80 08/10107 JUENEMANN, KATHLEEN 397.80 08/10107 ROSSBACH, WILLIAM 397.80 08/10107 COPELAND, EUGENE 3,090.00 08/10107 RYDEL, HARRIET 1,565.60 08/10107 FARR, LARRY 2,173.71 08/10107 PALANK, MANDY 308.00 08/10107 RAMEAUX, THERESE 2,737.83 08/10107 MITTET, ROBERT 3,366.86 08/10107 ANDERSON, CAROLS 946.24 08/10107 DEBILZAN, JUDY 1,054.60 08/10107 JACKSON, MARY 2,122.71 08/10107 KELSEY, CONNIE 2,059.20 08/10107 FRY, PATRICIA 1,930.61 08/10107 GUILFOILE, KAREN 3,491.86 08/10107 KROLL, LISA 1,557.58 08/10107 MORSON, JOHN 552.00 08/10107 SCHMIDT, DEBORAH 2,047.65 08/10107 SPANGLER, EDNA 855.69 08/10107 CORTESI, LUANNE 1,042.87 08/10107 JAGOE, CAROL 1,728.46 08/10107 KELLY, LISA 1,141.85 08/10107 LARSON, MICHELLE 952.44 08/10107 MECHELKE, SHERRIE 1,297.71 08/10107 MOY, PAMELA 897.45 08/10107 OSTER, ANDREA 1,807.00 08/10107 WEAVER, KRISTINE 1,893.35 08/10107 BANICK, JOHN 54,000.00 08/10107 CORCORAN, THERESA 1,726.15 08/10107 POWELL, PHILIP 2,589.83 08/10107 RICHIE, CAROLE 1,733.08 08/10107 THOMALLA, DAVID 4,429.00 08/10107 ABEL, CLINT 2,793.74 08/10107 ALDRIDGE, MARK 2,938.62 08/10107 BAKKE, LONN 2,464.57 08/10107 BARTZ, PAUL 3,233.32 08/10107 BELDE, STANLEY 2,514.46 08/10107 BIERDEMAN, BRIAN 2,709.13 08/10107 BOHL, JOHN 3,225.55 III CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 08/10/07 BUSACK, DANIEL 2,400.11 08/10/07 COFFEY, KEVIN 2,499.44 08/10/07 GROTTY, KERRY 2,830.77 08/10/07 DOBLAR, RICHARD 3,964.22 08/10/07 FREDERIKSEN, DAWN 1,645.93 08/10/07 FRITZE, DEREK 1,645.93 08/10/07 GABRIEL, ANTHONY 2,929.57 08/10/07 HAWKINSON JR, TIMOTHY 1,703.43 08/10/07 HEINZ, STEPHEN 2,560.59 08/10/07 HIEBERT, STEVEN 3,106.75 08/10/07 JOHNSON, KEVIN 3,607.25 08/10/07 KALKA, THOMAS 739.88 08/10/07 KARIS, FLINT 3,284.66 08/10/07 KONG, TOMMY 2,400.11 08/10/07 KROLL, BRETT 2,565.65 08/10/07 KVAM, DAVID 3,523.42 08/10/07 LANGNER, TODD 1,960.16 08/10/07 LARSON, DANIEL 2,422.18 08/10/07 LINTNER, HOLLY 673.48 08/10/07 LU, JOHNNIE 2,422.18 08/10/07 MARINO, JASON 2,915.28 08/10/07 MARTIN, JERROLD 2,861.44 08/10/07 MCCARTY, GLEN 2,641.64 08/10/07 METRY, ALESIA 2,797.42 08/10/07 NYE, MICHAEL 2,103.01 08/10/07 OLSON, JULIE 2,445.82 08/10/07 PALMA, STEVEN 2,993.49 08/10/07 RABBETT, KEVIN 3,587.70 08/10/07 RHUDE, MATTHEW 2,527.23 08/10/07 STEFFEN, SCOTT 3,493.25 08/10/07 STEINER, JOSEPH 2,422.87 08/10/07 SYPNIEWSKI, WILLIAM 2,103.01 08/10/07 SZCZEPANSKI, THOMAS 2,548.91 08/10/07 IRAN, JOSEPH 2,514.38 08/10/07 WENZEL, JAY 2,742.23 08/10/07 XIONG, KAO 2,422.18 08/10/07 BERGERON, JOSEPH 3,501.02 08/10/07 DUGAS, MICHAEL 2,614.65 08/10/07 ERICKSON, VIRGINIA 2,665.80 08/10/07 FLOR, TIMOTHY 3,400.90 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 08/10/07 FRASER, JOHN 2,786.91 08/10/07 LANGNER, SCOTT 2,445.82 08/10/07 THEISEN, PAUL 2,930.86 08/10/07 THIENES, PAUL 2,757.78 08/10/07 BARTA, JEREMY 2,365.58 08/10/07 CRISTOFONO, BRIAN 2,025.01 08/10/07 DAWSON, RICHARD 2,734.42 08/10/07 DUELLMAN, KIRK 1,258.93 08/10/07 EVERSON, PAUL 2,684.60 08/10/07 HALWEG, JODI 2,213.16 08/10/07 JOHNSON, DOUGLAS 2,574.53 08/10/07 NOVAK, JEROME 2,519.32 08/10/07 OLSON, JAMES 2,750.54 08/10/07 PARSONS, KURT 2,403.83 08/10/07 PETERSON, ROBERT 2,835.17 08/10/07 PRECHTEL, ROBERT 3,146.15 08/10/07 SVENDSEN, RONALD 3,425.86 08/10/07 GERVAIS -JR, CLARENCE 3,146.15 08/10/07 LUKIN, STEVEN 4,016.18 08/10/07 ZWIEG, SUSAN 2,088.01 08/10/07 DOLLERSCHELL, ROBERT 293.39 08/10/07 AHL, R. CHARLES 4,675.69 08/10/07 JAMIESON, BRYAN 760.00 08/10/07 KNUTSON, LOIS 1,616.55 08/10/07 KONEWKO, DUWAYNE 3,059.51 08/10/07 NIVEN, AMY 1,294.62 08/10/07 PRIEFER, WILLIAM 2,601.27 08/10/07 AHL, GREGORY 840.00 08/10/07 BRINK, TROY 1,875.75 08/10/07 DEBILZAN, THOMAS 1,975.55 08/10/07 EDGE, DOUGLAS 1,948.55 08/10/07 FOERG, ELIZABETH 969.00 08/10/07 FREBERG, RONALD 886.31 08/10/07 HAMRE, MILES 1,024.00 08/10/07 JONES, DONALD 1,948.55 08/10/07 MEISSNER, BRENT 940.00 08/10/07 MEYER, GERALD 2,057.39 08/10/07 NAGEL, BRYAN 2,486.01 08/10/07 OSWALD, ERICK 2,143.57 08/10/07 RUNNING, ROBERT 1,999.75 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 08/10/07 SETNES, SAMUEL 840.00 08/10/07 TEVLIN, TODD 1,921.75 08/10/07 BURLINGAME, NATHAN 1,585.35 08/10/07 DUCHARME, JOHN 2,486.07 08/10/07 ENGSTROM, ANDREW 2,020.01 08/10/07 GAYNOR, VIRGINIA 2,121.35 08/10/07 JACOBSON, SCOTT 1,953.35 08/10/07 JAROSCH, JONATHAN 2,245.39 08/10/07 KREGER, JASON 1,875.23 08/10/07 KUMMER, STEVEN 2,602.00 08/10/07 LABEREE, ERIN 2,882.35 08/10/07 LINDBLOM, RANDAL 2,486.06 08/10/07 MAHLER, MATTHEW 955.32 08/10/07 O'CONNOR, DONOVAN 780.80 08/10/07 SCHREMPP, ANTHONY 876.15 08/10/07 SKOWYRA, NICHOLAS 946.40 08/10/07 THOMPSON, MICHAEL 2,632.98 08/10/07 ZIEMAN, SCOTT 1,056.00 08/10/07 LUND, MARK 720.00 08/10/07 MARUSKA, MARK 2,837.03 08/10/07 NAUGHTON, JOHN 1,911.75 08/10/07 SCHINDELDECKER, JAMES 1,950.86 08/10/07 BIESANZ, OAKLEY 197.41 08/10/07 DEAVER, CHARLES 581.90 08/10/07 GERNES, CAROLE 641.25 08/10/07 HAYMAN, JANET 1,297.10 08/10/07 HUTCHINSON, ANN 2,400.31 08/10/07 NELSON, JEAN 80.00 08/10/07 EKSTRAND, THOMAS 3,495.41 08/10/07 LIVINGSTON, JOYCE 1,038.46 08/10/07 SINDT, ANDREA 1,830.95 08/10/07 THOMPSON, DEBRA 690.46 08/10/07 YOUNG, TAMELA 1,697.35 08/10/07 FINWALL, SHANK 2,692.39 08/10/07 ROBERTS, KENNETH 2,958.96 08/10/07 BRASH, JASON 1,589.35 08/10/07 CARVER, NICHOLAS 2,939.21 08/10/07 FISHER, DAVID 3,823.36 08/10/07 RICE, MICHAEL 2,278.95 08/10/07 SWAN, DAVID 2,346.15 1111 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 08/10/07 WELLENS, MOLLY 1,586.27 08/10/07 BURLINGAME, SARAH 803.00 08/10/07 SAMUELSON, MICHAEL 2,090.16 08/10/07 BERGER, STEPHANIE 293.13 08/10/07 WORK, ALICIA 800.00 08/10/07 WORK, BRANDON 782.06 08/10/07 COLEMAN, JOHN 174.25 08/10/07 OHLHAUSER, MEGHAN 1,120.00 08/10/07 ROBBINS, AUDRA 2,369.00 08/10/07 SHERRILL, CAITLIN 311.13 08/10/07 TAUBMAN, DOUGLAS 3,024.90 08/10/07 TAYLOR, JAMES 1,856.47 08/10/07 GERMAIN, DAVID 1,957.79 08/10/07 NORDQUIST, RICHARD 2,233.91 08/10/07 SCHULTZ, SCOTT 2,234.07 08/10/07 ANDERSON, ANTHONY 336.00 08/10/07 ANZALDI, MANDY 1,891.39 08/10/07 CAREY, HEIDI 2,243.79 08/10/07 CRAWFORD - JR, RAYMOND 324.00 08/10/07 EVANS, CHRISTINE 841.24 08/10/07 HER, CHONG 658.00 08/10/07 HER, PHENG 183.56 08/10/07 HOFMEISTER, MARY 815.63 08/10/07 PELOQUIN, PENNYE 536.76 08/10/07 STAPLES, PAULINE 1,304.70 08/10/07 TOLBERT, FRANCINE 120.00 08/10/07 ZIELINSKI, JUDY 146.30 08/10/07 BIGGS, ANNETTE 48.00 08/10/07 BRENEMAN, NEIL 888.56 08/10/07 BRUSOE, AMY 94.50 08/10/07 BRUSOE, CRISTINA 464.82 08/10/07 CRONIN, CHAD 32.50 08/10/07 DEL ROSARIO, THERESA 39.00 08/10/07 DUNN, RYAN 825.72 08/10/07 ERICKSON- CLARK, CAROL 47.50 08/10/07 EVANS, KRISTIN 43.90 08/10/07 FIERRO WESTBERG, MELINDA 644.00 08/10/07 FONTAINE, KIM 798.46 08/10/07 GIEL, NICOLE 70.00 08/10/07 GREDVIG, ANDERS 534.86 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD {HECK ff CHECK DATE 1002729 1002730 lOU273| O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 O8/lO/O7 EMPLOYEE NAME HALEY, BROOKE HA8SENSTADD2NI8B BDRWATH0ONALD IRISH, PETER JOHNSON, JAMES KOB8N£N,AMy KOB8N£N,MADY KDONHOLM,KATBlCYN L&MEYER,2ACDADy MATHBVy8 NBLS0N,MADCY PROESCH,ANDy RYAN, ERICA SC|NEF2D,AND0E& SMITH, ANN TAYLOR, JASON TRUE, CAROLINE T0yy,H2lD£ T0yy,MARCQS W0LFQRAM,/NADY ODOy9OU B£R H0LMOREN PARAJNO,OQ&i DEHAN,JAMES P/\TT£RGON,/\LD£RT PRiNG,fJELLY DElLLY,MUCB&EL SCN0ENBCKBD,LB|OB VANO,8UB VANO,T04 AJCB£LB PBJEM,8TBVBN VY0£HDLE DE03O,ClAD F0WLD8 FTLaNZEN,hDCHOL&8 LONQBJB,DiANA C8D1GTGN8OM,8C0TT JAJDN,DA\QD AMOUNT 482.80 89.40 2,336.04 65.00 215.45 |56.3U 1,513.73 501.88 |59.|3 375.06 533.|3 4l4]8 36.40 3795 216.70 4&0 46.20 |272U 275.63 615.23 328]3 73.80 138.75 |74.3U |,884.84 1,058.92 i|l7.57 1,756.55 320.35 59.60 347.80 2,014.63 Z,|9i75 l,8l4`|5 2,355.82 2,686.82 1,780.66 452.00 l,d90.|5 �� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002732 08/10/07 MORIN, TROY 174.25 1002733 08/10/07 PALANK, MARY 1,728.46 1002734 08/10/07 SVENDSEN, JOANNE 1,909.79 1002735 08/10/07 SHORTREED, MICHAEL 3,268.81 1002736 08/10/07 WELCHLIN, CABOT 3,016.01 1002737 08/10/07 BUCKLEY, BRENT 1,544.95 1002738 08/10/07 WACHAL, KAREN 866.13 1002739 08/10/07 ANDERSON, MICHAEL 924.00 1002740 08/10/07 EDSON, DAVID 1,988.28 1002741 08/10/07 GORE, MICHAEL 672.00 1002742 08/10/07 HELEY, ROLAND 1,022.99 1002743 08/10/07 HINNENKAMP, GARY 1,959.35 1002744 08/10/07 LINDORFF, DENNIS 1,953.17 1002745 08/10/07 NOVAK, MICHAEL 1,948.55 1002746 08/10/07 OLSON, SCOTT 836.00 1002747 08/10/07 SOUTTER, CHRISTINE 1,160.94 1002748 08/10/07 DAMIANI, ROBERT 180.00 1002749 08/10/07 FARLEY, JAMIE 611.63 1002750 08/10/07 GEBHARD, MADELINE 724.50 1002751 08/10/07 MALLET, AMANDA 294.50 1002752 08/10/07 ROBBINS, EMERALD 319.38 1002753 08/10/07 RYCHLICKI, NICHOLE 105.00 1002754 08/10/07 HAAG, MARK 1,948.55 1002755 08/10/07 NADEAU, EDWARD 3,061.98 1002756 08/10/07 GLASS, JEAN 1,924.86 1002757 08/10/07 HANSEN, LORI 2,302.26 1002758 08/10/07 NAGEL, BROOKE 877.50 1002759 08/10/07 SIMPSON, JOSEPH 215.60 1002760 08/10/07 ANDERSON, JOSHUA 339.98 1002761 08/10/07 ANDERSON, JUSTIN 330.16 1002762 08/10/07 BENJAMIN, AYLA 102.63 1002763 08/10/07 BRENEMAN, SEAN 248.60 1002764 08/10/07 BUCHMAYER, NICOLLET 374.50 1002765 08/10/07 CHASE, STEPHANIE 318.94 1002766 08/10/07 CHASTAN, ADAM 52.00 1002767 08/10/07 DEMPSEY, BETH 98.00 1002768 08/10/07 FENGER, JUSTIN 120.35 1002769 08/10/07 FLETCHER, LOGAN 60.13 1002770 08/10/07 GRUENHAGEN, LINDA 684.55 1002771 08/10/07 HERM, BREANNA 141.38 I CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002772 08/10/07 HOLMBERG, LADONNA 221.00 1002773 08/10/07 JOYER, JENNA 115.38 1002774 08/10/07 KOLLER, NINA 248.06 1002775 08/10/07 KOVACS, BREANNA 105.63 1002776 08/10/07 KURZHAL, ALISON 256.75 1002777 08/10/07 LYNCH, KAYLA 78.00 1002778 08/10/07 NWANOKWALE, MORDY 47.25 1002779 08/10/07 PEHOSKI, JOEL 113.00 1002780 08/10/07 RICHTER, DANIEL 68.00 1002781 08/10/07 RICHTER, NANCY 270.75 1002782 08/10/07 ROGNESS, TRYGGVE 400.84 1002783 08/10/07 ROSTRON, ROBERT 387.50 1002784 08/10/07 RYDEEN, ARIEL 210.00 1002785 08/10/07 SAUCERMAN, MICHAEL 158.20 1002786 08/10/07 SCHAEFER, NATALIE 68.25 1002787 08/10/07 SCHMIDT, EMILY 474.75 1002788 08/10/07 SCHMIDT, JOHN 143.00 1002789 08/10/07 SCHRAMM, BRITTANY 398.30 1002790 08/10/07 SCHREINER, MICHELLE 171.29 1002791 08/10/07 SCHUNEMAN, GREGORY 84.50 1002792 08/10/07 SMITLEY, SHARON 427.55 1002793 08/10/07 TRUE, ANDREW 615.98 1002794 08/10/07 VASKO, BEN 123.50 1002795 08/10/07 WARNER, CAROLYN 150.90 1002796 08/10/07 WARNER, REBECCA 359.71 1002797 08/10/07 WHITE, NICOLE 114.60 1002798 08/10/07 WICKNER, KRISTY 154.38 1002799 08/10/07 WILLIAMS, KRISTINE 245.06 1002800 08/10/07 WOLFGRAM, TERESA 199.25 1002801 08/10/07 WOODMAN, ALICE 161.00 1002802 08/10/07 BOSLEY, CAROL 177.00 1002803 08/10/07 GENNOW, PAMELA 705.00 1002804 08/10/07 OIE, REBECCA 79.28 1002805 08/10/07 PATTERSON, FELORENZA 330.75 1002806 08/10/07 SATTLER, CASSANDRA 16.25 1002807 08/10/07 SATTLER, MELINDA 342.25 1002808 08/10/07 STODGHILL, AMANDA 18.13 1002809 08/10/07 TELLS, KAIYA 185.94 1002810 08/10/07 ZAGER, LINNEA 124.69 1002811 08/10/07 BIRKHOLZ, TYLER 206.63 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1002812 08/10/07 DOUGLASS, TOM 1,451.02 1002813 08/10/07 GADOW, ANNA 271.62 1002814 08/10/07 HER, GHEE 55.60 1002815 08/10/07 HER, PETER 100.78 1002816 08/10/07 O'GRADY, VICTORIA 245.85 1002817 08/10/07 SCHULZE, KEVIN 346.88 1002818 08/10/07 YANG, KAY 296.00 1002819 08/10/07 VUE, LOR PAO 416.80 511,623.81 ius Agenda Item 12 TO: Greg Copeland, City Manager FROM: David Fisher, Building Official SUBJECT: City Ordinance Update — BuildingCodes DATE: August 21.2007 The Minnesota Department of Labor & Industry recently informed the city building official that Maplewood should update the three optional administration sections of the city building code used in Maplewood. (See Attachment 1, Office Memorandum) The Minnesota State Building Code Rules Chapter 13UO Section O080 Optional Administration (See Attachment 2) allows municipalities t0 adopt Minnesota Rules, Chapter 13O8 Special Fire Protection System, 2006 IBC Appendix J Grading and Minnesota Rules, Chapter 1335 Flood Proofing Regulations 8s options. The attachments are provided b] the city council with the necessary code updates. (See Attachments 3.4&5\ BACKGROUND In 20O1. the three-model building nOd8 groups, |Ot8rn@tiOD8] CODfRr8nD8 of Building OffiCi8|S (ICBC)) Building [ffin@| Code Administrators (B(JCA) and Southern Building Code CODgPSSS International (8BC|C|) merged into the International Code Council (|C[|). The State of Minnesota adopted this new ICC family of building codes as of March 31, 2003. As part of the seven county nn8tn] 8n]8, the State requires the City of Mao|8vvoVd to use the most current codes adopted by the State of Minnesota. In May of 2003. the City adopted GD ordinance about the building codes in use inMaplewood. This ordinance updated the city code language and adopted the most current State Building Code for perpetual use in Maplewood. In addition to adopting the State Building Code, there were three optional provisions that the city adopted 8spart of the building code with the council's action. As such, the city incorporated these options 88 part nf the building code. DISCUSSION The State 0f Minnesota adopted the 20O0 IBC (international Building COde\.|RC(international Residential Code) and the |FC (international Fire Code) 8sof July 1O.20O7. Section 12-3S(S9e Attachment 0) Cfthe city code makes the IBC, |RC and the |FC part 0f the city code by reference. The three options of the building code had some minor updates and language changes that the city should adopt aG amendments tV the city code. Staff is proposing the following updates tothe City OfK8o '3 Building Code options. * Existing option 1305 Excavation and Grading: This gives cities regulations for excavation and grading. * Ex option 1308.0020 Subpart 3, E Option #1 Speci Fir8 Protection System: This allows the city to require fire sprinkler systems in all assembly occupancies except for open stadiums. This also allows the city to require fire sprinkler systems in spaces with 8 smaller floor area than the building code would require. The City Of Maplewood has had * Exist option 1335 Flood Proof R8OU|8UOn. This does not allow buildings t0b8built in ofk)Od plain zone and allows the inspectors to require drain tile and damp proof for dvv8||in0G. The City 0fMaplewood has this provision in its current ordinance. The sL8L9 made nO changes to this option in20O7. Adopt the follow code updates to Sect 12'3S(b)(3)of the city code. These changes are necessary to make the city code consistent with the optional parts of the recently enacted State Building Code for use in the City of Maplewood. (The old language is crossed out and the new language iSVnder|in8d): NO- 11 i9mrZA- B. Option 1300.UO2O Subpart 3�E- Option #4- #2 Existing & New Buildings Special Fire Protection System: [This allows the city to require fire sprinkler systems in all assembly occupancies except for open stadiums. This also 8||OvvS the city to require fire sprinkler systems in spaces with 8 smaller floor area than the building code would require.) Exist option 1335 Flood Proof R8OU|8UOn. This does not allow buildings t0b8built in 8fklod plain zone and allows the inspectors to require drain tile and damp proof for dwellings. The City of K88p|8vvoOd has this provision in its current ordinance. The state made nO changes to this option in20O7. P:DaveBui|dingOrdinonne Change Aug 2220O7 Attachments 1. Office Memorandum 2. Minnesota State Building Code13OO.0U6OSection Optional Administration 3. Minnesota Rules, Chapter 13US 4. Grading 2U00 IBC Appendix J 5. Minnesota Rules, Chapter 1335 0. Maplewood Code Section 12-3SAdoption �m OFFICE MEMORANDUM DATE: May 8, 2007 TO: FROM: PHONE: Attachment 1 LABOR & INDUSTRY A trusted resource utilized by employees and employers ... Code Officials, Design Professionals, Contractors, and Suppliers Thomas C. Anderson State Building Official (651) 284 -5068 *Aa( Jerry Rosendahl State Fire Marshal SUBJECT: State Building and Fire Code adoption delayed to July 10, 2007 July 10, 2007, has been confirmed as the final adoption date of the Minnesota Building and Fire codes. While the division's goal has been to have adoption occur on May 31, 2007, an unexpected delay occurred in the rule process. Commissioner Brener decided to delay the code after receiving a request from a segment of the industry requesting extra time for training and production of the code materials. After considerable discussion, it was decided a 40 -day delay would not have an adverse impact on the code, yet would provide valuable time for stakeholders to obtain code materials and additional training for successful implementation of the code. On Monday, July 2, 2007, the notice of adoption will be published in the State Register with an effective date of July 10, 2007, for the following codes: • Chapter 1300 Minnesota Building Code Administration • Chapter 1303 Special Provisions -- Minnesota provisions of the State Building Code • Chapter 1305 Adoption of the International Building Code • Chapter 1306 Special Fire Protection Systems • Chapter 1309 Adoption of the International Residential Code • Chapter 1341 Minnesota Accessibility Code • Chapter 7511 State Fire Code (proposed new chapter to replace chapter 7510) Chapter 1307 Elevators and related devices was adopted and became effective Jan. 29, 2007. -more- The following codes are still in various stages of adoption and are expected to follow this fall. • Chapter 1311 Minnesota Conservation Code for Existing Buildings • Chapter 1322 Residential Energy Code • Chapter 1323 Commercial Energy Code • Chapter 1346 Mechanical and Fuel Gas Codes • Chapter 4715 Minnesota Plumbing Code • Chapter 5230 High - pressure piping, pipefitters, power piping system THE 2007 MINNESOTA STATE BUILDING CODE Attachment 2 1309 and other applicable rules. Other F. 1306, Special Fire Protection Systems; buildings and structures and appurtenances connected or attached to them shall comply G. 1307, Elevators and Related Devices; with chapter 1305 and other applicable rules. Exception: The following structures that meet the scope of chapter 1305 shall be designed to comply with Minnesota Rules, chapter 1311: (1) existing buildings undergoing repair, alteration, or change of occupancy; and (2) historic buildings. H. 1309, Adoption of the International Residential Code; 1. 1311, Minnesota Conservation Code for Existing Buildings; J. 1315, Adoption of the National Electrical Code; If different provisions of the code specify different materials, methods of construction, or other requirements, the most restrictive provision governs. If there is a conflict between a general requirement and a specific requirement, the specific requirement applies. If reference is made in the code to an appendix, the provisions in the appendix do not apply unless specifically adopted by the code. Optional appendix chapters of the code identified in part 1300.0060 do not apply unless a municipality has specifically adopted them. 1300.0050 CHAPTERS OF MINNESOTA STATE BUILDING CODE. The Minnesota State Building Code adopted under Minnesota Statutes, section 16B.61, subdivision 1, includes the following chapters: A. 1300, Minnesota Building Code Administration; B. 1301, Building Official Certification; C. 1302, State Building Code Construction Approvals; D. 1303, Special Provisions; E. 1305, Adoption of the International Building Code; K. 1325, Solar Energy Systems; L. 1335, Floodproofing Regulations; M. 1341, Minnesota Accessibility Code; N. 1346, Minnesota Mechanical Code; O. 1350, Manufactured Homes; P. 1360, Prefabricated Structures; Q. 1361, Industrialized/ Modular Buildings; R. 1370, Storm Shelters (Manufactured Home Parks); S. 4715, Minnesota Plumbing Code; and T. 7670, 7672, 7674, 7676, and 7678, Minnesota Energy Code. 1300.0060 OPTIONAL ADMINISTRATION. The following chapters of the code are not mandatory but may be adopted without change by a municipality which has adopted the code: A. chapter 1306, Special Fire Protection Systems; B. grading, IBC appendix chapter J; and 128 THE 2007 MENNEsoTA STATE BUILDING CODE C. chapter 1335, Floodproofing Regulations, parts 1335.0600 to 1335.1200. 1300.0070 DEFINITIONS. Subp. 4. Agricultural building. "Agricultural building" means a building that meets the requirements of Minnesota Statutes, section 16B.60, subdivision 5. Subpart 1. Scope; incorporation by reference. The definitions in this part apply to parts 1300.0010 to 1300.0250. For terms that are not defined through the methods authorized by this chapter, the Merriam - Webster Collegiate Dictionary, available at www.m- w.com, shall be considered as providing ordinarily accepted meanings. The dictionary is incorporated by reference, is subject to frequent change, and is available through the Minitex interlibrary loan system. Subp. 2. Administrative authority. "Administrative authority" means a municipality's governing body or its assigned administrative authority. Subp. 3. Adult day care center. "Adult day care center" means a facility that provides adult day care to functionally impaired adults on a regular basis for periods of less than 24 hours a day in a setting other than a participant's home or the residence of the facility operator. A. "Class E" means any building or portion of a building used for adult day care purposes, by more than five occupants, for those participants who are capable of taking appropriate action for self- preservation under emergency conditions as determined according to part 9555.9730, and must meet Group E occupancy requirements. B. "Class I" means any building or portion of a building used for adult day care purposes, by more than five occupants, for those participants who are not capable of taking appropriate action for self - preservation under emergency conditions as determined according to part 95559730, and must meet Group 1, Division 4 occupancy requirements. Subp. 5. Building official. "Building official" means the municipal building code official certified under Minnesota Statutes, section 16B.65, subdivisions 2 and 3. Subp. 6. Building service equipment. "Building service equipment" refers to the plumbing, mechanical, electrical, and elevator equipment, including piping, wiring, fixtures, and other accessories, that provides sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use and occupancy. Subp. 7. City. "City" means a home rule charter or statutory city. Subp. S. Code. "Code" means the Minnesota State Building Code adopted under Minnesota Statutes, section 16B.61, subdivision 1, and includes the chapters identified in part 1300.0020. Subp. 9. Commissioner. "Commissioner" means the commissioner of administration. Subp. 10. Designate. "Designate" means the formal designation by a municipality's administrative authority of a certified building official accepting responsibility for code administration. Subp. 10a. Family adult day services. "Family adult day services" means a program providing services for up to eight functionally impaired adults for less than 24 hours per day in the license holder's primary residence according to Minnesota Statutes, section 245A.143. This includes programs located in residences licensed by the Department of 129 THE 2007 MINNESOTA STATE BUILDING CODE Attachment 3 MINNESOTA RULES, CHAPTER 1306 SPECIAL FIRE PROTECTION SYSTEMS 1306.0010 GENERAL. This chapter authorizes optional provisions for the installation of on-premises fire suppression systems that may be adopted by a municipality in addition to the State Building Code. If the municipality adopts them, the sprinkler system requirements of this chapter become part of the State Building Code and are applicable throughout the municipality. This chapter, if adopted, must be adopted without amendment. must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A to D. 1306.0020 MUNICIPAL OPTION. Subpart 1.. Requirement. The sprinkler system requirements of this chapter, if adopted, must be adopted with the selection of either subpart 2 or 3, without amendment. Subp. 2. Existing and new buildings. Automatic sprinkler systems for new buildings, buildings increased in total floor area (including the existing building), or buildings in which the occupancy classification has changed, must be installed and maintained in operational condition within the structure. The requirements of this subpart apply to structures that fall within the occupancy classifications established in part 1306.0030, items A to D. Exception: The floor area of minor additions that do not increase the occupant load does not have to be figured into the square footage for occupancy classifications established in part 1306.0030, items A to D. Subp. 3. New buildings. Automatic sprinkler systems for new buildings, additions to existing buildings, or buildings in which the occupancy classification has changed 1306.0030 REQUIREMENTS. For purposes of this chapter, area separation, fire barriers, or fire walls do not establish separate buildings. Gross square footage (gsf) means the floor area as defined in the International Building Code. The floor area requirements established in items A to D are based on the gross square footage of the entire building and establish thresholds for these requirements. The following occupancy groups must comply with sprinkler requirements of this chapter, unless specified otherwise: A. Group A 1, A 2, A 3, and A4 occupancies; Exception: air inflated structures, and open picnic shelters. B. Group B, F, M, and S occupancies with 2,000 or more gross square feet of floor area or with three or more stories in height; Exception: S 2 open parking garages, aircraft hangars, salt storage sheds, and group "M" detached canopies. 212 THE 2007 MINNESOTA STATE BUILDING CODE C. Group E occupancies with 2,000 or more gross square feet of floor area or with two or more stories in height; D. Group E day care occupancies with an occupant load of 30 or more; 1306.0070 REPORTING. A municipality must submit a copy of the ordinance adopting this chapter to the Department of Labor and Industry, Construction Codes and Licensing Division. The ordinance does not go into effect until: 1306.0040 STANDARD. Automatic sprinkler systems must comply with the applicable standard referenced in the State Building Code. If a public water supply is not available, the building official and fire chief shall approve the use of an alternate on- site source of water if the alternate source provides protection that is comparable to that provided by a public water supply. If an adequate alternate water,supply sufficient for hose stream requirements is provided or available, the building official and fire chief may permit the water supply requirements for the hose stream demands to be modified. A. a signed electronic, Taxed, or paper copy of the ordinance has been received by the division; and B. the ordinance has been approved by the division. An ordinance is deemed automatically approved by the division if the municipality has not been informed that the ordinance has not been approved within ten working days of the division's receipt of the ordinance. 1306.0100 [Repealed, 27 SR 14791 1306.0050 SUBSTITUTE CONSTRUCTION. The installation of an automatic sprinkler system, as required by this chapter, would still allow the substitution of one -hour fire - resistive construction as permitted by the International Building Code, Table 601, footnote d. 1306.0060 EXEMPTION. The building official, with the concurrence of the fire official, may waive the requirements of this chapter if the application of water has been demonstrated to constitute a serious life, fire, or environmental hazard, or if the building does not have an adequate water supply and the building is surrounded by public ways or yards more than 60 feet wide on all sides. Minn, Rules repealed, etc. in chapter 1306 1306.0100 [Repealed, 27 SR 1479] 213 Attachment 4 APPENDIX J GRADING The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. SECTION J101 GENERAL J101.1 Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments. Where conflicts occur between the technical requirements of this chapter and the soils report, the soils report shall govern. J101.2 Flood hazard areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construc- tion, including fills and embankments, in floodways within flood hazard areas established in Section 1612.3 or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demon- strated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the pro- posed work will not result in any increase in the level of the base flood. SECTION J102 DEFINITIONS J102.1 Definitions. For the purposes of this appendix chapter, the terms, phrases and words listed in this section and their derivatives shall have the indicated meanings. BENCH. A relatively level step excavated into earth material on which fill is to be placed. COMPACTION. The densification of a fill by mechanical means. CUT. See Excavation. DOWN DRAIN. A device for collecting water from a swale or ditch located on or above a slope, and safely delivering it to an approved drainage facility EROSION. The wearing away of the ground surface as a result of the movement of wind, water or ice. EXCAVATION. The removal of earth material by artificial means, also referred to as a cut. FILL. Deposition of earth materials by artificial means. GRADE. The vertical location of the ground surface. GRADE, EXISTING. The grade prior to grading. GRADE, FINISHED. The grade of the site at the conclusion of all grading efforts. GRADING. An excavation or fill or combination thereof. KEY. A compacted fill placed in a trench excavated in earth material beneath the toe of a slope. SLOPE. An inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. TERRACE. A relatively level step constructed in the face of a graded slope for drainage and maintenance purposes. SECTION J103 PERMITS REQUIRED J103.1 Permits required. Except as exempted in Section J103.2, no grading shall be performed without first having obtained a permit therefor from the building official. A grading permit does not include the construction of retaining walls or other structures. J103.2 Exemptions. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating, processing or stockpil- ing rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. SECTION J104 PERMIT APPLICATION AND SUBMITTALS J104.1 Submittal requirements. In addition to the provisions of Section 105.3, the applicant shall state the estimated quanti- ties of excavation and fill. 2006 INTERNATIONAL BUILDING CODE' 605 APPENDIX J J104.2 Site plan requirements. In addition to the provisions of Section 106, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indi- cate the nature and extent of the work and show in detail that it complies with the requirements of this code. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. SECTION J105 INSPECTIONS J105.1 General. Inspections shall be governed by Section 109 of this code. J105.2 Special inspections. The special inspection require- ments of Section 1704.7 shall apply to work performed under a grading permit where required by the building official. J104.3 ,Soils report. A soils report prepared by registered design professionals shall be provided which shall identify the nature and distribution of existing soils; conclusions and rec- ommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the pro- posed grading; and, where necessary, slope stability studies, andrecommendations and conclusions regarding site geology. Exception: A soils report is not required where the building official determines that the nature of the work applied for is such that a report is not necessary. J104.4 Liquefaction study. For sites with mapped maximum considered earthquake spectral response accelerations at short periods (S greater than 0.5g as determined by Section 1613, a study of the liquefaction potential of the site shall be provided, and the recommendations incorporated in the plans. Exception: A liquefaction study is not required where the building official determines from established local data that the liquefaction potential is low. SECTION J106 EXCAVATIONS J106,1 Maximum slope. The slope of cut surfaces shall be no steeper than is safe for the intended use, and shall be no steeper than 2 horizontal to 1 vertical (50 percent) unless the applicant furnishes a soils report justifying a steeper slope. Exceptions: A cut surface may be at a slope of 1,5 horizontal to 1 vertical (67 percent) provided that all the following are met: 1.1. It is not intended to support structures or sur- charges. 1.2. It is adequately protected against erosion. 1.3. It is no more than 8 feet (2438 mm) in height. 1,4. It is approved by the building official. 1 A cut surface in bedrock shall be permitted to be at a slope of I horizontal to I vertical (100 percent). FILL SLOPE -*- -5 FT. (1524 mm) OR GREATER NATURAL SLOPE 4 .. 01 r �" *„ r e w+ 2 FT. [610 mm} REMOVE! UN ,. 6KEYMINIMUM 55 For SI: 1 foot = 304.8 min. FIGURE J107,3 BENCHING DETAILS 606 2006 INTERNATIONAL BUILDING CODE® APPENDIX J SECTION J107 FILLS J107.1 General. Unless otherwise recommended in the soils report, fills shall conform to provisions of this section. J107.2 Surface preparation. The ground surface shall be pre- pared to receive fill by removing vegetation, topsoil and other unsuitable materials, and scarifying the ground to provide a bond with the fill material. J107.3 Benching. Where existing grade is at a slope steeper than 5 horizontal to 1 vertical (20 percent) and the depth of the fill exceeds 5 feet (1524 mm) benching shall be provided in accor- dance with Figure J107.3. A key shall be provided which is at least 10 feet (3048 mm) in width and 2 feet (610 mm) in depth. J107.4 Fill material. Fill material shall not include organic, frozen or other deleterious materials. No rock or similar irre- ducible material greater than 12 inches (305 mm) in any dimen- sion shall be included in fills. J107.5 Compaction. All fill material shall be compacted to 90 percent of maximum density as determined by ASTM D 1557, Modified Proctor, in lifts not exceeding 12 inches (305 mm) in depth. J107.6 Maximum slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes steeper than 2 horizontal to 1 vertical (50 percent) shall be justified by soils reports or engineering data. SECTION J108 SETBACKS J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimen- sions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. J108.2 Top of slope. The setback at the top of a cut slope shall not be less than that shown in Figure J108.1, or than is required to accommodate any required interceptor drains, whichever is greater. J108.3 Slope protection. Where required to protect adjacent properties at the toe of a slope from adverse effects of the grad- ing, additional protection, approved by the building official, shall be included. Such protection may include but shall not be limited to: 1. Setbacks greater than those required by Figure J108.1. 2. Provisions for retaining walls or similar construction. 3. Erosion protection of the fill slopes. 4. Provision for the control of surface waters. SECTION J109 DRAINAGE AND TERRACING J109.1 General. Unless otherwise recommended by a regis- tered design professional, drainage facilities and terracing shall he provided in accordance with the requirements of this sec- tion. Exception: Drainage facilities and terracing need not be provided where the ground slope is not steeper than 3 hori- zontal to 1 vertical (33 percent). J109.2 Terraces. Terraces at least 6 feet (1829 mm) in width shall be established at not more than 30 -foot (9144 mm) verti- cal intervals on all cut or fill slopes to control surface drainage Property Top of but (610 minimum Slope and need d not exceed 10 IL (3048 mm) maximum Property Line Out or FIII Slope Natural or H!5 but 2 ft. (810 mm) minimum I Top of Finish Grade and need not exceed Slope 20 8. (6096 mm) maximum Interceptor gain E h (if required) I Natural or Finish Gmda For ST: 1 foot = 344.8 mm. FIGURE J108.1 DRAINAGE DIMENSIONS 2006 INTERNATIONAL BUILDING CODE 607 APPENDIX J and debris. Suitable access shall be provided to allow for clean- ing and maintenance. Where more than two terraces are required, one terrace, located at approximately mid- height, shall be at least 12 feet (3658 mm) in width. Swales or ditches shall be provided on terraces. They shall have a minimum gradient of 20 horizontal to 1 vertical (5 per- cent) and shall be paved with concrete not less than 3 inches (76 mm) in thickness, or with other materials suitable to the appli- cation. They shall have a minim depth of 12 inches (305 mm) and a minimum width of 5 feet (1524 mm). A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (1256 in ( pro- jected) without discharging into a down drain. J109.3 Interceptor drains. Interceptor drains shall be installed along the top of cut slopes receiving drainage from a tributary width greater than 40 feet (12 192 mm), measured horizontally. They shall have a minim depth of 1 foot (305 mm) and a minimum width of 3 feet (915 mm). The slope shall be approved by the building official, but shall not be less than 50 horizontal to 1 vertical (2 percent). The drain shall be paved with concrete not less than 3 inches (76 mm) in thickness, or by other materials suitable to the application. Discharge from the drain shall be accomplished in a manner to prevent erosion and shall be approved by the building official. J109.4 Drainage across property lines. Drainage across property lines shall not exceed that which existed prior to grad- ing. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installa- tion of nonerosive down drains or other devices. SECTION J110 EROSION CONTROL J110.1 General. The faces of cut and fill slopes shall be pre- pared and maintained to control erosion. This control shall be permitted to consist of effective planting. Exception: Erosion control measures need not be provided on cut slopes not subject to erosion due to the erosion- resis- tant character of the materials. Erosion control for the slopes shall be installed as soon as practicable and prior to calling for final inspection. J110.2 Other devices. Where necessary, check dams, crib- bing, riprap or other devices or methods shall be employed to control erosion and provide safety. SECTION J111 REFERENCED STANDARDS ASTM D 1557 -e01 Test Method for Laboratory J107.6 Compaction Characteristics of Soil Using Modified Effort [56,000 ft-lb/ft' (2,700kN- m1nP)1. 608 2006 INTERNATIONAL BUILDING CODE® THE 2007 MINNESOTA STATE BUILDING CODE Attachment 5 MINNESOTA RULES, CHAPTER 1335 FLOOD PROOFING REGULATIONS 1335.0200 ADOPTION OF "FLOOD PROOFING REGULATIONS." Sections 100 to 1406 of the 1972 edition of "Flood Proofing Regulations" (FPR) as promulgated by the Office of the Chief Engineers, U.S. Army, Washington, D.C. is incorporated by reference and hereby made a part of the State Building Code subject to the amendments in parts 1335.0200 to 1335.3000. FPR sections 201.2 to 208.2 are placed in the appendix of this code. above mean sea level to which floodproofing protection shall be provided. Hereinafter reference to the term "regulatory flood datum" in these regulations shall be synonymous with the term "flood protection elevation" as used in parts 6120.5000 to 6120.6200. 1335.0500 FLOODPROOFING REGULATIONS, SECTION 201.1. FPR section 201.1 is amended to read as follows: STAT AUTH: MS s 104.05 1335.0300 FLOODPROOFING REGULATIONS, SECTION 200.2. FPR section 200.2 is amended to read as follows: Official Floodplain Zoning Map: The official plain zoning map showing the extent and boundaries of the primary and secondary flood hazard areas is hereby declared and established as part of these regulations. Hereinafter reference to term "primary flood hazard areas" in these regulations shall be synonymous with the term "floodplain areas" as used in parts 6120.5000 to 6120.6200. 1335.0400 FLOODPROOFING REGULATIONS, SECTION 200.3. FPR section 200.3 is amended to read as follows: Application. These regulations shall apply to the construction, alteration, and repair of any building or parts of a building or structure in the flood hazard area(s) of the municipalities. Additions, alterations, repairs, and changes of use occupancy shall comply with all provisions for new buildings and structures as otherwise required in the building code, except as specifically provided in these regulations. STAT AUTH: MS s 104.05 1335.0600 FLOODPROOFING REGULATIONS, SECTION 201.2. FPR section 201.2 is amended to read as follows: This section shall apply unless equivalent provisions are incorporated in the city or county flood plain zoning ordinance. Regulatory Flood Datum: For the purpose of these regulations, the regulatory flood datum, or as hereinafter referred to, the "RFD," is hereby declared and established for use as the reference datum for determining the elevation Nonconforming Use: A structure or the use of a structure or premises which was lawful before the passage or amendment of the ordinance but which is not in conformity with the provisions of these regulations may be 272 THE 2007 MINNESOTA STATE BumDING CODE continued subject to the following conditions: 1. No such use shall be expanded, changed, enlarged, or altered in away which increases its nonconformity. 2. No structural alteration, addition, or repair to any conforming structure over the life of the structure shall exceed 50 percent of its market value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use. 3. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to these regulations. The assessor shall , notify the zoning administrator in writing of instances of nonconforming uses which have been discontinued for a period of 12 months. FPR section 203.3 is amended to read as follows: Records: Copies of such tests, reports, certifications, or the results of such tests shall be kept on file in the office of the building official for a period of not less than two years after the approval and acceptance of the completed structure for beneficial occupancy. STAT AUTH: MS s 104.05 1335.0800 FLOODPROOFING REGULATIONS, SECTION 204.6. FPR section 204.6 is amended to read as follows: Board of Appeals: See part 1305.0500, Uniform Building Code section 204. 4. If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value, it shall not be reconstructed except in conformance with the provisions of these regulations; provided, the Board of Appeals may permit reconstruction if the use or structure is located outside the floodway and is adequately and' safely floodproofed, elevated, or otherwise protected in conformance with these regulations. 5. Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as nonconforming uses. 6. An alteration, addition, or repair to a nonconforming structure that exceeds 50 percent of its market value must be protected as required by these regulations. STAT AUTH: MS s 1613.61; 104.05 HIST: 15 SR 74 1335.0700 FLOODPROOFING REGULATIONS, SECTION 203.3. STAT AUTH: MS s 104.05 1335.0900 FLOODPROOFING REGULATIONS, SECTION 204.7. FPR section 204.7 is amended to read as follows: Validity: It shall be unlawful for any person, firm, or corporation or agency (state or local) to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish any building or structure in the flood hazard area(s), or cause the same to be done, contrary to or in violation of any of the provisions of these regulations and /or the building code. STAT AUTH: MS s 104.05 1335.1000 FLOODPROOFING REGULATIONS, SECTION 205.1. FPR section 205.1 is amended to read as follows: Statement of Intention to Improve: The 273 THE 2007 MINNESOTA STATE BUILDING CODE owner or any registered architect or licensed professional engineer authorized to represent the owner shall, before preparing final plans for any improvement in the flood hazard area(s), file with the building official a statement of intention to improve, including a brief description of the type of improvement being considered and giving its precise location, on a form provided by the building official. The building official shall note on two copies the elevation of the RFD at the location of the proposed improvement. One copy of the statement of intention to improve must be retained by the building official until a permit copy for improvement on the site is approved or one year has elapsed; a second copy must be returned to the owner for use in final siting and design of the improvement. Assignments of the RFD elevations at all locations must be consistent with the determination of the regulatory flood protection elevation as defined in the community's flood plain zoning controls, if any. This information must be open to public examination at all reasonable times. STAT AUTH: MS s 16B.61; 104.05 HIST: 15 SR 74 official without a permit, provided that such repairs shall not violate any provisions of these regulations or of the building code. STAT AUTH: MS s 1613.61; 104.05 HIST: 15 SR 74 1335.1200 FLOODPROOFING REGULATIONS, SECTION 205.3. Subpart 1. No. 2. FPR section 205.3, No. 2 is amended to read as follows: Two sets of complete plans and specifications, in addition to plans and specifications required by the building code, except that plans and specifications for any and all proposed improvement in the primary flood hazard area(s) shall be prepared by an engineer or architect licensed by the state to practice as such. All drawings and specifications shall bear the true name of the author thereof, followed by such title as the author may be lawfully authorized to use. All plans and sections shall be noted with the proposed floodproofing class of each space below the RFD including detail drawings of walls and wall openings. 1335.1100 FLOODPROOFING REGULATIONS, SECTION 205.2. FPR section 205.2 is amended to read as follows: Permits Required: No person, firm, or corporation shall erect, construct, alter, repair, move, remove, convert, or demolish any building or structure or any part thereof, or make any other improvement within the structure or any part thereof, or make any other improvement within the flood hazard area(s), or cause same to be done, without first obtaining a separate flood plain building permit for any such improvement from the building official. Ordinary minor repairs may be made with the approval of the building Exception: Plans for Group M Division 1 Occupancies need not be prepared by a licensed architect or engineer. Subp. 2. No. 3. FPR section 205.3. No. 3 is amended to read as follows: Two copies of the owner's contingency plan, which shall describe in detail all procedures for temporary placement and removal or contingent protection proposed items in spaces affected by these regulations including: A. plans and schedules for items to be removed and locations of places above the RIND to which they will be removed if these contents violate restrictions 274 TAE 2007 MINNESOTA STATE BU"ING CODE associated with the floodproofing class of the space in which they are placed temporarily, including specific organizational responsibilities; and B. procedures, materials, and equipment for protecting items required to have protection by their floodproofing class, but for which this protection is proposed to be provided contingently, including specific organizational responsibilities for accomplishing this protection. follows: Use of Space Below the Regulatory Flood Datum: No floor level or portion of the building or structure that is below the RFD regardless of structure or space classification shall be used as habitable space, or for storage of any property, materials, or equipment that might constitute a safety hazard when contacted by flood waters. STAT AUTH: MS s 104.05 Waivers of restrictions implicitly requested by submission of the owner's contingency plan may be granted by the building official as provided by 1101.2. STAT AUTH: MS s 104.05 HIST: 17 SR 1279 1335.1300 FLOODPROOFING REGULATIONS, SECTION 209.1. FPR section 209.1 is amended to read as follows: New Building and Structures: Every building or structure hereafter erected, that is located in the primary flood hazard area(s) where the ground surface is two feet or more below the RFD, or where flood water velocities may exceed five feet per second, shall be provided with an enclosed refuge space above the RFD, of sufficient area to provide for the occupancy load with a minimum of 12 square feet per person. It shall be provided with one or more exits through the exterior walls above the RFD to an exterior platform and stairway not - less than three feet wide. STAT AUTH: MS s 104.05 1335.1400 FLOODPROOFING REGULATIONS, SECTION 209.3. FPR section 209.3 is amended to read as 1335.1500 FLOODPROOFING REGULATIONS, SECTION 210.7. FPR section 210.7 is amended to read as follows: Placard Types: Placards shall be white rigid plastic or other non - water - susceptible materials eight inches long and 12 inches wide, and shall have printed thereon in black letters the information shown in figure 2. STAT AUTH: MS s 104.05 1335.1600 FLOODPROOFING REGULATIONS, SECTION 300.0. FPR section 300.0 is amended by adding a subsection to read as follows: FPR Section 300.2. Interpretation: For the purpose of these regulations, where definition of terms as set forth in this chapter conflict in meaning with those as set forth in part b 120.5000, the latter shall take precedence. STAT AUTH: MS s 1 04.05 1335.1700 FLOODPROOFING REGULATIONS, SECTION 301.2.9. FPR section 301.2.9 is amended to read as follows: 275 THE 2007 MugNEsoTA STATE BmDING CODE Habitable space (room) is space in a structure for living, sleeping, eating, . or cooking. Bathrooms, toilet compartments, closets, halls, storage rooms, laundry or utility space, and similar areas, are not considered habitable space. STAT AUTH: MS s 104.05 1335.1800 FLOODPROOFING REGULATIONS, SECTION 301.4.1. FPR section 301.4.1 is amended to read as follows: Building Code: The State Building Code setting forth standards for the construction, addition, and modification and repair of buildings and other structures for the purpose of protecting health, safety, and general welfare of the public. FLOOD PROOFING CLASSIFICATION OF SPACES MINIMUM RE FlaodProofi�rg 4pate{ S6Erdar� G'b�ireaf Wads &: Clams Proofing Igads Openings FWFO Cd gs Cariacb W1 Completely Type A Class 1 Type 1 Class i Class 1 Class 1 W2 Essentially Type s class 1 Type 2 Class 2 Class 2 Class 2 01 W3 Flo Mwih TypeA Class Type3 Class Class Class Potable Water W4 Roadedvalh Typat; Class Type Wss4 Class CWs4 FloodWater W5 Non — Type 5 Class 5 Class 5 ClassS FloodP�aofsrg lowmal Ftaod'urg & t)wIgg • see CWPter 8 Eleditrl -see chapter 12 M1ledrarura[ • See Chaffer 13 STAT AUTH: MS s 104.05 1335.1900 FLOODPROOFING REGULATIONS, SECTION 402.1. FPR section 402.1 (table 2) is amended to read as follows: General: Table 2 indicates the various degrees.of protection required to permit use of spaces for each floodproof ng; the chart in itself shall not be construed as being exhaustive with respect to all requirements imposed by these regulations. In any disputes arising over the interpretation of this chart, the written provisions of these regulations shall be considered as definitive. STAT AUTH: MS s 104.05 13351950 FLOODPROOFING REGULATIONS, SECTION 612.1. FPR section 612.1 is amended to read as follows: Methods. A building must be considered completely floodproofed if the lowest elevation of all space within the building perimeter is above the RFD as achieved by: (1) building on natural terrain beyond the RFD limit line on natural undisturbed ground; (2) building on fill; or (3) building on stilts. These methods may be used alone or in combination to achieve the required degree of floodproofing. Data and design procedures must be based on organized and acceptable disciplines involved and the following additional requirements. 0111. THE 2007 MINNESOTA STATE BUILDING CODE STAT AUTH: MS s 16B.61 HIST: 15 SR 74 1335.2000 FLOODPROOFING REGULATIONS, SECTION 612.2.1. FPR section 612.2.1 is amended to read as follows: Natural Terrain: In addition to the requirements of the building code, the building shall be located not less than 15 feet back from the line of incidence of the RFD on the ground, foundation design shall take into consideration the effects of soil saturation on the performance of the foundations, the effects of flood waters on slope stability shall be investigated, normal access to the building shall be by direct connections with areas above the RFD and all utility service lines shall be designated and constructed as required to protect the building and/or its components from damage or failure during a flooding event to the RFD. STAT AUTH: MS s 104.05 1335.2100 FLOODPROOFING REGULATIONS, SECTION 612.2.2. FPR section 612.2.2 is amended to read as follows: Building on Fill: The building and all parts thereof may be constructed above the RFD on an earth fill. Prior to placement of any fill or embankment materials, the area upon which fill is to be placed, including a five -foot strip measured horizontally beyond and contiguous to the toe line of the fill, shall be cleared of standing trees and snags, stumps, brush, down timber, logs and other growth, and all objects including structures on or above the ground surface or partially burned. The area shall be stripped of topsoil and all other material which is considered unsuitable by the building official as foundation material. All combustible and noncombustible materials and debris from the clearing, grubbing, and stripping operations shall be removed from the proposed fill area and disposed of at locations above the RFD and/or in the manner approved by the building official. Fill material shall be of a selected type, preferably granular and free- draining placed in compacted layers. Fill selection and placement shall recognize the effects of saturation from flood waters on slope stability, uniform and differential settlement, and scour potential. The minimum elevation of the top slope for the fill section shall be no more than one foot below the RFD. Minimum distance from any point of the building perimeter to the top of the fill slope shall be either 15 feet or twice the depth of fill at that point, whichever is the greater distance. This requirement does not apply to roadways, driveways, playgrounds, and other related features which are not integral and functional parts of the building proper. Fill slopes for granular materials shall be not steeper than one vertical on 1 -1/2 horizontal, unless substantiating data justifying steeper slopes are submitted to the building official and approved. For slopes exposed to flood velocities of less than five feet per second, grass or vine cover, weeds, bushes, and similar vegetation undergrowth will be considered to provide adequate scour protection. STAT AUTH: MS s 104.05 1335.2150 FLOODPROOFING REGULATIONS, SECTION 612.3. FPR section 612.3 is amended to read as follows: Protection by Dikes, Levees, and Floodwalls: Dikes, levees, and floodwalls must not be considered to provide FP1 or FP2 floodproofmg or flood protection unless 277 THE 2007 MINNESOTA STATE BUILDING CODE (1) the dike, levee, or floodwall is built in accordance with recognized and accepted engineering practice and methods, and (2) the design data has been submitted to the Department of Natural Resources and the Federal Emergency Management Agency for revision of the community's flood insurance study (flood insurance rate map) and official zoning map. STAT AUTH: MS s 104.05 1335.2300 FLOODPROOFING REGULATIONS, SECTION 1101.3.2. FPR section 1101.3.2 is amended by changing the "contents class" of food products from X to 1. STAT AUTH: MS s 104.05 STAT AUTH: MS s 1613.61 HIST: 15 SR 74 1335.2200 FLOODPROOFING REGULATIONS, SECTION 802.1. FPR section 802.1 is amended to read as follows: Applicability: Spaces to be intentionally flooded with flood water (W4) shall be provided with the necessary equipment, devices, piping, controls, etc. necessary for automatic flooding during the flood event and drainage system(s) shall utilize approved piping materials and have sufficient capacity for raising or lowering the internal water level at a rate comparable to the anticipated rate of rise and fall of a flood that would reach the RFD. These pipe systems shall be directly connected to the external flood waters to maintain a balanced internal and external water pressure condition. Provisions shall be made for filling the lower portions of the structure first and for interconnections through or around all floors and partitions to prevent unbalanced filling of chambers or parts within the structures. All spaces below the RFD shall be provided with air vcnts extending to at least three feet above the elevation of the RFD to prevent the trapping of air by the rising water surface. All openings to the filling and drainage systems shall be protected by screens or grilles to prevent the entry or nesting of rodents or birds in the systems. 1335.2400 FLOODPROOFING REGULATIONS, SECTION 1301.2.1. FPR section 1301.2.1 is amended to read as follows: Heating systems utilizing gas- or oil -fired furnaces shall have a float - operated automatic control valve installed in the fuel supply line which shall be set to operate when flood waters reach an elevation equal to the floor level of the space where furnace equipment is installed. A manually operated gate valve that can be operated from a location above the RFD shall-be provided in the fuel supply line to serve as a supplementary safety provision for fuel cutoff. The heating equipment and fuel storage tanks shall be mounted on and securely anchored to a foundation pad or pads of sufficient mass to overcome buoyancy and prevent movement that could damage the fuel supply line. As an alternate means of protection, elevation of heating equipment and fuel storage tanks above the RFD on platforms or by suspension from overhead structural systems will be permitted. All unfired pressure vessels will be accorded similar treatment. Fuel lines shall be attached to furnaces by means of flexible or swing type couplings. All heating equipment and fuel storage tanks shall be vented to an elevation of at least three feet above the RFD. Air supply for combustion shall be furnished if required for systems installed in W1 or W2 spaces and piping or duct work for each purpose shall be terminated at least three feet 278 THE 2007 MINNESOTA STATE BUILDING CODE above the RFD. STAT AUTH: MS s 104.05 1335.2500 FLOODPROOFING REGULATIONS, SECTION 1302.2.2. FPR section 1302.2.2 is amended to read as follows: Where the state of dryness of a space is dependent on a sump pump system, or where the stability of a structure during a flood event depends on the relief of uplift pressures on building components, all interior storm water drainage or seepage, appliance drainage, and underslab drain tile systems shall be directly connected to a sump (pump) and discharged at an elevation at least three feet above the RFD. STAT AUTH: MS s 104.05 Minnesota Department of Health and Pollution Control Agency in terms of size, construction, use, and maintenance and with standards and criteria of the Minnesota Department of Natural Resources regarding setbacks from normal high water mark of a watercourse in accordance with the public water classification. STAT AUTH: MS s 104.05 1335.2800 FLOODPROOFING REGULATIONS, SECTION 1302.3.1. FPR section 1302.3.1 regarding cesspools /sewage disposals has been amended by deleting this section in its entirety. STAT AUTH: MS s 104.05 1335.2900 FLOODPROOFING REGULATIONS, SECTION 1302.3.2. 1335.2600 FLOODPROOFING REGULATIONS, SECTION 1302.2.3.1. FPR section 1302.2.3.1 is amended to read as follows: All vents shall extend to an elevation of at least three feet above the RFD. STAT AUTH: MS s 104.05 1335.2700 FLOODPROOFING REGULATIONS, SECTION 1302.3. FPR section 1302.3 is amended to read as follows: Sewage Disposal/Treatment: Individual sewage disposal and /or treatment facilities will be permitted in a flood hazard area but only at locations where connection with a public sewer system is not permissible or feasible. Such facilities shall conform to applicable standards, criteria, and rules of the FPR section 1302.3.2 regarding seepage pits has been amended by deleting this section in its entirety. STAT AUTH: MS s 104.05 1335.3000 FLOODPROOFING REGULATIONS, SECTION 1302.4.1. FPR section 1302.4.1 is amended to read as follows: Water supply wells, tanks, filters, softeners, heaters, and all appliances located below the RFD shall be protected against contamination by covers, walls, copings, or castings. All vents shall be extended to a minimum elevation of three feet above the RFD. STAT AUTH: MS s 104.05 1335.3100 FLOODPROOFING REGULATIONS, SECTION 1405.3. 279 THE 2007 MINNESOTA STATE Bun.DING CODE FPR section 1405.3 is amended to read as follows: Protection by Dikes, Levees, and Floodwalls: Dikes, levees, and floodwalls must not be considered to provide floodproofing or flood protection unless (1) the dike, levee, or floodwall is built in accordance with recognized and accepted engineering practice and methods, and (2) the design data has been submitted to the Department of Natural Resources and the Federal Emergency Management Agency for revision of the community's flood insurance study (flood insurance rate map) and official zoning map. STAT AUTH: MS s 16B.61 HIST: 15 SR 7 280 Attachment 6 § 12 -37 MAPLEWOOD CODE (b) Permit fees shall be assessed for work governed by the building code adopted in section 12 -39 in accordance with the fee schedule adopted by the city bV resolution. In addition, a surcharge fee shall be collected on all permits issued for work govern y the building code in accordance with Minn. Stats. § 16B.70. (Ord. No. 837, § 12 -37, 5 -27 -2003) Sec. 12 -38. Violations and penalties. A violation of the building code is a misdemeanor (Minn. Stats. 16B.69). (Ord. No. 837, 12 -38, 5 -27 -2003) Sec. 12 -39. Adoption. (a) This article provides for the application, administration, and enforcement of the Minnesota State Building Code by regulating the erection, construction, enlargement, alter- ation, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this city; provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This article shall perpetually include the most current edition of the optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. (b) This city does ordain as follows: (1) The Minnesota State Building Code, as adopted by the commissioner of administration pursuant to Minn. Stats. §§ 16B.59- 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the state commissioner of administration, through the building codes and standards division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this article. The Minnesota State Building Code is hereby incorporated in this article as if fully set out this section. (2) The Minnesota State Building Code, established pursuant to Minn. Stats. §§ 16B.59- 16B.75 allows the city to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (3) The following optional provisions identified in the most current edition of the state building code are hereby adopted and incorporated as part of the building code for this city: a. 1305, Excavation and Grading. b. 1306.0020, subpart 3, E with Option 1, Special Fire Protection System. C. 1335, Floodproofing Regulations. (Ord. No. 837, § 12 -39, 5 -27 -2003) CD12 :8 BUILDINGS AND BUILDING REGULATIONS § 12 -67 Sec. 12 -40. Certificate of occupancy. (a) No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy as provided in this section. As required by the city, a certificate of occupancy is required for all occupancies, including groups R -3 and R -4, with the exception of group U occupancies. (b) No change in the character of occupancy of a building shall be made without a certificate of occupancy, as required in the building code. The building official may issue a certificate of occupancy with secure proper funds or pursuant to the intent of the exception in subsection (a) of this section, without certifying that the building complies with all sections of this Code. (c) The fees for a certificate of occupancy and occupancy permits issued under this article shall be imposed, set, established and fixed by the city council, by resolution, from time to time. (d) Before issuing a certificate of occupancy, the area surrounding any newly constructed or newly placed building shall be cleaned up, and all debris shall be completely removed from the premises to the satisfaction of the building official. (Code 1982, § 9 -26; Ord. No. 837, § 12 -40, 5 -27 -2003) Secs. 12- 41- 12 -65. Reserved. ARTICLE III. BUILDING RELOCATION* Sec. 12 -66. Permit required. No person shall move a house or garage over any highway, street or alley in the city without first receiving approval from the city. (Code 1982, § 9 -61) See. 12 -67. Permit application. An applicant for a permit required under this article shall submit a building relocation application form and the following materials: (1) A certified abstractor's list, listing all property owners and their mailing addresses within 350 feet of the property to which a house is to be moved. Garage relocations shall be exempt from this requirement. (2) A legal description of the property to which the building is to be moved. (3) Photographs showing all four sides of the building and a dimensioned site plan showing the proposed placement of the structure on the new site. (4) An application fee to be set by city council resolution. *State law references -- Moving buildings over highways, Minn. Stats, § 160.26; building mover regulations, Minn. Stats. § 221.81. CD12:9 Agenda Item 13 T[): FROM: SUBJECT: PROJECT: L{}C/\T|[)N: DATE: City Manager Ken Roberts, Planner Conditional Use Permit Review Liberty Classical Academy 1717 English SKr88L &V0USt 9 2007 INTRODUCTION The conditional use permit (CUP) for Liberty Classical Academy Ed1717 English Street iS due for review. The CUP allows 8private school for Upto120students to operate inthe Lake Phalen Community Church. (See the maps on pages three — five.) BACKGROUND On July 22.2003, the city approved the conditional use permit for Liberty Classical Academy. This approval was subject tO six conditions ofapproval. [)n June 13.2UO5. the city council reviewed the CUP and approved 8n amendment b]the permit. This change allowed the school to expand from a maximum of 60 students to a maximum Of120students. The council also agreed tO review the permit revision in one year. (See the council minutes starting 0n page six.\ [)n July 10,2U00. the city council approved 8PUD amendment for the property 8t2898 Hazelwood Street. This revision allows Liberty Classical Academy to operate a school for up to 500 students in the First Evangelical Free Church. On, August 28 the city council reviewed the CUP for the school 8L1717English Street. During this meeting, the city council, at the request of a neighbor added several conditions Cf approval for the school. (See the council minutes On page 11.) One Vfthese conditions set the maximum numbers of students the school may have at this location at 60. [)n September 25,20O8 city council reconsidered the condition only allowing the school to have 60 students and approved the school to allow the previously allowed amount of students at12O. (See the council minutes on page 12.) Liberty Classical Academy has been operating the school in the Lake Phalen Community Church since the fall of 2003. The student population of the school has grown steadily since they opened the school. This growth required the school to find a second location for their functions, as they have outgrown the existing location in the Lake Phalen Community Church. Since the city approved the school's CUP request for the second location (at 2698 Hazelwood . they plan on having the older students (grades 8-12) attend school in the new location. The school, at least for now, plans on keeping grades K — 5 in the first location at 1717 English Street. They may eventually move all the school functions to the new location on Hazelwood. Such a move would be contingent on many variables, including the growth of the school population and the needs of First Evangelical Free Church (the owners of the building). During the council meeting on August 28, 2006, the city council added several conditions to the CUP for the school. The council added these conditions after listening to one of the neighbors of the school and to the representatives of the school. The council added the conditions to try to address the concerns of the neighbor while still allowing the school to operate in this location. Unfortunately, one of the new conditions changed the maximum number of students the school may have from 120 to 60. On September 25, 2006, the city council reconsidered this condition and increased it back to 120 after the school further explained their vision for the school and addressed the neighbors' concerns in a letter. Since the council's actions regarding this permit and the school in 2006, city staff has not received any complaints about the school or its operation. Review the conditional use permit for Liberty Classical Academy at 1717 English Street again in one year. Rsec 161LCA cup review 07 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. June 13, 2005, City Council Minutes 5. Letter dated August 8, 2006 letter from Liberty Classical Academy 6. Letter dated September 15, 2006 letter from Liberty Classical Academy 7. August 28, 2006 city council minutes 8. September 25, 2006 city council minutes 2 N Location Map 1717 English Street Attachment 1 Z\ N 186 r 185 183 76 711 Zonin Map 1 1717 Eng sh Street At to h Ask N m i I � I' s: Ask N Attachment 4 91 Conditional Use Permit (CUP) Revision — Liberty Classical Academy 11717 English Street) Kathy Smith, representing Liberty Classical Academy Rebecca He Strom, Director, Liberty Classical Academy WHEREAS, Ms. Kathy Smith, representing Liberty Classical Academy, is requesting that Maplewood approve a revision to the conditional use permit for a school to operate in an existing ch u rc h. WHEREAS, this permit applies to the property at 1717 English Street, The legal description is: The North 262 feet of the South 531,5 feet of the East '/2 of the SE 1 14 of the SE 1 /4, subject to streets, in Section 16, Township 29, Range 22 (PIN 16-29-22-44-002 1) WHEREAS, the history of this conditional use permit is as follows: 2, On June 13, 2005, the city council reviewed this proposal. At this meeting the council considered reports and recommendations of the city staff and planning commission, The council also gave everyone at the meeting a chance to speak and present written statements, M. wzffllun��� rA d, Updated doors and hardware, e, The necessary changes to meet the handicapped accessibility code f. A proper address on the building, g. Any other changes the fire marshal or the building official deem necessary. h, All the improvements and chard es listed in and shall meet all the conditions listed EIMMMMIMMEM 6, The city council shall review this permit revision in one year. Seconded by Counciimember Rossbach Ayes-All L-3 Attachment 5 66) 17 17 DiLsh Strcet eta LlewN ood, IV NI 5 5, 109 651. 772 27 77 Dcar Mr, & N-'lrs. (41'-2 V4:)[cj' 8-8-06 As the new school dear approaches. I wanted to send you as letter describing the changes \ve are making which we hope will alleviate sorne of your concerns. It has always been our desire to he a -ood neighbor to those around the Lake Plialen Church Property . , ks you alrcadv know, thc biggest chits Nvie are makin. 0 g f' r the UPCO11111111 School % is thit we are moving the Middle and Upper school Students to another tacility. ']'his Nvill rOUghlV cut in halt' tile nurnbVi- ot Students at the Lake Phalcn site in the coming ycar. Fhere are fewer Phy,ed classes, as a result, which means ICSS use Ot'01C field tae to VOLIJ 110111C, While we have already atterripted to keep tile ifluAlSiOn 01 'balk into You]' yard at a I minim urn ('bv having the phy cd teacher set garne fields up Using Atlantic "St and the church parking lot its the direction f'()r the -oil post N realize tla<at bills still ineviiablv enter vour vard now and then We have offered to put in at fence, but You have implied that you would; prctler not to have as 6ence, Therctorc, as It stands, we will do our best to continue monitoring our students and f4nufics to ensure a rulniulal impact (in Your yard I will rcmind teachers/students/ta III I i ies ol'the houndiry line at - Hack-to School" night and several times throughout the year. the phy,ed teacher Will continue to keep the goal posts in the opposite direction frorn Your yard, and wc will corninit to ending official school related activities Making LISC ol'tbc field at as re.tsomible hour Wsuall� no later than six o'clock), ]'here are several special events which take place during elvening hours throughout the Year, such IS Pa rent/1"cachcr conferences, Art/Drania Show, c1c. On these everilligs, the field arid parking lot may he used by the students as they wait for their parents. etc. To help alleviate any concern regarding parking on these nights, \,%e will rernind Camthes dint they must park in the parking lot, it`possible� and J' parking on the street to be sure not to block private driveways. In order to alleviatc the concern ovcr increased -arbaoc Items in voter viand. the students N-vill, do a weekly garbage pick-up of'thc fi ari eld d parking lot, We Nvill also continue to remind � C - su1dQnIs to dispose 'A' - arba-c appropriatclv hV using oarbage receptacles. We Sincerely hope these chati-es v0li bring about a better relationship between you and the school, We are doing our best to minitnize: the impact of the school on our neighbors while also ulaintainini I I g t he nlegrity of'our program tbrour students and their fian Acadcwic Disti;wnon Ozuisical'!9%difion ChnsIian wor'kivi'm Attachment 6 SEP s 5 2006 1717 English Street Maplewood, MN 55109 Dear Mayor Longrey and members of the Maplewood City Council, 9-15-06 On behalf of the Liberty Classical Academy Board of Directors, I am writing to you requesting that LCA be placed on the City Council meeting agenda for clarification of the CUP renewal for the Lake Phalen Community Church site that took place on August, 28", 2006. At that meeting, discussion ensued regarding some issues raised by a neighbor, Greg Votel (along with a petition he set forth). These issues were discussed and led to an agreement that LCA would follow through with some measures to alleviate his concerns. When the motion was made and voted upon, however, the number of students allowed at the Lake Phalen site was reduced from 120 to 60, The motion and vote occurred very quickly, and I didn't hear that the number had been reduced. My associate did, however, so I later called to clarify with the city that, indeed, our CUP had been reduced from the previous number of 120 students to 60 students. Unfortunately, there was no discussion regarding that change prior to the motion, so I wasn't able to share LCA's need to keep the total number of students at 120. The school originally had a CUP of 60 students, when we were only using the lower level classrooms. Then, as the school grew, the church gave permission to LCA for use of the upstairs classrooms and the 3 floor library. We received the conditional use permit for 120 students in June of 2005. There were several costly upgrades that were contingencies of the revision (adding a wall and fire door in the library, increasing the length of all railings and increasing the height of the rail leading up to the library). Additionally, just this summer we spent $20,000 adding a water line that will operate the sprinkler system. Next year, if we stay at Lake Phalen, the sprinkler heads will be installed which will cost the school another $15,000. If we thought the student enrollment would be limited to 60, we would not have moved forward with the upgrades. Rather, we would have been forced to find a different site for the school. The church definitely wants us to stay in their facility as they are very supportive of our mission and vision. Additionally, if we leave after this year, the church would be left with half the sprinkler system installed (we were allowed by the city to do the project in stages, since it is so costly). We already have 49 students in the lower school this year. We could be up over 60 students as soon as next year (07-08). Our desire is to have the ability to continue growing the lower school at the Lake Phalen site and the Middle and Upper school at the First Free site with the idea that eventually we would have the necessary student enrollment to support a building on our own. We ask for your careful consideration of this matter and a reversal of the student enrollment cap back to the previously approved 120 students. Thanks so much for your thoughtful consideration. 4ncerel si e& �gUo in bekah ags Director lul Academic Distinction Classical Tradition 10 Christian Worldview Attachment MINUTES MAPLEWOOD CITY COUNCIL 7:UUP.M. Monday, August 28.2OU0 Council Chambers, City Hall Meeting No. 08-22 A meeting of the City Council was held in the Council Chambers, 8t City Hall, and was called to order at 7: 10 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana LVngh8,Mayor Present Rebecca Cave Counni|nn8rnber F`r8S8nt Erik |U8US Present Kathleen JV8n8nnGnn.{|oVnci|nn8nnb8r Present Will RoSsbGch.CoUnCi|rnennb8r Present 1' CONSENT AGENDA MavurLonghe moved to approve consent agenda items 1, 2, 5, 8, 9, 11. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to approve consent agenda item 3 with the condition that a notice section is added to the document so the city has to aooropriate contact address for the developer. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to approve the conditional use permit, agenda item 4 with the conditions that school activities shall be completed by 6:00 p.m., litter will be nicked up as needed, a garbage can will be outside, the school will contain grades kindergarten through 5 th grade with a maximum of 60 students, and four evening events to go no later than 9:30 ip.m. Seconded bvC0Un[j|[n8nlbSrRoSsbGCh | CoVn[i|memb8rHeUe moved to apProve consent agenda item 6. Seconded byCounCi|noenoberCave Ayes-All CVVnci|memberHUe||e moved to approve consent agenda item 7. Ayes-All Seconded by Councilmember Cave Ayes-All Councilmember Hjelle moved to apiprove consent agenda item 10. Seconded by Councilmember Cave Im MINUTES �[��C�Ol�nt� ����PLEW��{��� CITY COUNCIL 7:04 P.M. Monday, September 25, 2008 Council {|hGnnb8rs. City Hall Meeting N0. 00-25 A meet of the City Council was held in the Council Chambers, @t City Hall, and was ca tO order 8t 7:04 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Lnngh8,Mayor Present Rebecca Cave CVVn[i|nn8nnUer Present Erik |Ue||9 Present Kathleen JuRD9[nGDD.00uDCi|[nS[nbRr Present Will RoSsbGch.CoVnCi|rnennb8r Present UNFINISHED BUSINESS Reconsiderat — Conditional Use Permit Review (Liberty Classical Academy —1717English o. Planner Roberts presented the report. b. The following person was heard: Kathy Smith, 1964 Price Avenue, Maplewood Councilmember Rossbach moved to set 120 as the maximum number of students that the Liberty Classical Academy may have at their location at 1717 Eng-lish Street and approved to review the conditional use permit for Liberty Classical AcademV at 1717 English Street again in February 2007. Seconded by CoVnC|nlemU9rJU8n8nn8nn Ayes City Council 08-25-06 .-.genda Item 14 TO: Greg Copeland, City Manager FROM: 8h8nn Finvv8U Planner SUBJECT: Kline NissamDemlership — Comditimmal Use Permit Review LOCATION: 3090 Maplewood Drive DATE: August 17. 2007 The conditional use permit (CUP) for the Kline Nissan Dealership located at 3090 Maplewood Drive iS due for review. The CUP was required for o maintenance garage t0b8 located within the Light Manufacturing (M-1) zoning district. May 28 the city council approved 8 CUP tO allow for o maintenance garage t0b8 operated within 8 motor vehicle dealership as well as design review for the Kline Nissan dealership. Refer k] the May 28,2OO2 city council minutes attached. June 24, 2002, the city council approved a 75-foot-wide wetland buffer setback variance in order to a||Vvv Kline Nissan's parking |VL LV be constructed to within 25 feet ofthe vv8U8nd located Vn the south side Vf the lot and 5O feet Of the wetland located On the north side [f the |0t. Refer t0 the June 24 city council minutes attached. October 27 the city council approved 8 one-year extension to Kline Nissan's conditional use permit. Summer 2005 the city constructed a frontage road east of Maplewood Drive (Highway 61), extending from the northerly old County Road D south to Maplewood Imports. The frontage road was part Vf the County Road [) realignment project and was constructed for access to the three automobile d8@|SrS |0C8tBd OD the east side Of Highway 81, including Kline Nissan. Refer tO the frontage road site plan attached. January 23.20O0. the city council approved 8 one-year extension to Kline Nissan's conditional use permit. DISCUSSION The completion of the frontage road in front of the Kline Nissan dealership has improved and made access h] the site safer. The frontage road is currently a public hgNt-Vf-vv8}( but will be turned over to the dealerships in a year or two and will then become a private access road. The Kline Nissan dealership has a subsurface water infiltration system installed in their parking lot LO help treat water 8s it runs off the site. /\S part 0f the CUP conditions, Kline Nissan was required LO sign 8 maintenance agreement with the city which states that they will have the system inspected annually and that sediment will be removed from all storm and catch basin structures. On May 31, 2007, Kline Nissan submitted their yearly inspection and cleaning invoice and it reflects that the system is operating corre{t|y. During the first year in Op8r8tk}D the dealership stored their du[noSterwithin the Dl8iDtRDGOce garage. Since Kline Nissan opened, however, the maintenance garage has been modified S0 that there iSnO longer space in the garage L0 store the dUrnonteng. For this reason, Kline Nissan recently obtained 8 permit to construct 8dVrnpsL8renclosure on the rear side oftheir building to shore the dunnp3tenS. The enclosure will be constructed of 0-foot-high chain link fence and gate with privacy slats which meets city code requirements. As part of Kline Nissan's wetland setback variance approval they were required to improve the wetland buffer with native plantings (dogwood ahRJbS). During initial inspections Of the buffer earlier this summer it appeared that several of the shrubs had died or were overgrown with weeds. Since that time, Kline Nissan representatives have discussed the best management practices for the vvRUGnd buffer with the city's n8LUn8|isL. They will be following the city naturalist's suggestions for weed management and plant maintenance within the buffer throughout the summer and fall and hope to have the wetland buffer back to its approved condition by next spring. RECOMMENDATION Review the conditional use permit for Kline Nissan 3090 Maplewood Drive again in one year to ensure compliance with all required conditions. The conditional use permit can b9reviewed sooner if@ problem arises 0r the applicants propose 8 major Ch8DgetOthSSibS. P:Sec 3\Nissan 2007 CUP Review 1. Location Map 2. Site Plan a. Frontage Road Site Plan 1. May 2o.0000. City Council Minutes o. June 24.2no2. City Council Minutes K Attachment 1 1-694 - - - --- ----- - ---- ----- - ---- ---- 0 0 -,ol 0 l 3090 Maplewood Drive Kline Nissan we 40 TOT Teem LITA Attachment 2 C 0 U N T Y R 0 A 0 S 89 E , 66.96 --- PYLON SIGN. VEMFY SZF. STYLE AND L=nON OATH OWN OUU, CURB * Buor, 1312 CCURa AND DETAIL f TIM SM DETAIL_ 2/Al %. {A•t� Q41 EDGE OF =NEATM Mtt WETLANDS POSM .711. I PROI Jam. MAL0140 Oor H CH t IU43 sr. AT VMF L=14 INT. ROOF OR - W/ CVMFLOW W/ CONTRAL TOR 40. to, SCUPPER (5) IT TT CURB AND ' s 31 CUTTER 5SE DETAIL 2/Al 0 S MONUMEN s T VEMFY V 23 r, STYLE a. 0 It WCATZON )MTM amot 7 P 14 1 DETAfL 6,(Ar-- At (4 IiSiJ IN 01 WMA 07T� SMACK DRSIING Q. . . . . . . . . . . nF DELINEATED . . . . . . . . . . . . zc 7' . . . . . . . . . . . . . 2 M it MrE OF DEULNEATED R=2789.71097i/ z wmmo- k 139�Z 46 7- WMANOS L-12.72 SETBACX. TYP. NORTH SITE PLAN led N 5CALL: V - 40 -0 40 �� Site Plan 12 �t �� Attachment 3 MINUTES -MAPLEVVO0O CITY COUNCIL Attachment 4 7:O0F!yW, Tuesday, May 28,2O02 Council Chambers, Municipal Building Meeting No. 02-11 8:52 Kline Nissan Vehicle Dealership-3090 and 3110 K8ap|8vvVVd Drive Wetland Setback Variance Conditional Use Permit Design Approval o. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics Of the report. c. Commissioner RoGsb8ch presented the Planning Commission report. d. Boardmember Olson presented the Community Design Review Board report e. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Rick Kline, Owner, Kline Nissan Mayor Cardinal closed the public hearing. Councilmember Collins moved to adopt the following resolution approving the conditional use permit for the Nissan dealership at 3090 and 3110 Maplewood Drive: RESOLUTION 02-05-097 CONDITIONAL USE PEF{K8|T RESOLUTION WHEREAS, Rich Kline, of Kline Auto World, applied for G conditional use permit for a motor vehicle maintenance garage as part of a new Nissan dealership; WHEREAS, this permit applies toproperties at3U80 and 3110 Maplewood Drive. The property identification numbers are 03-29-22-22-OOO2 and 03-29-22-22-00O3. The legal description is: Tract "A", Registered Land Survey No. 15.On file in the office of the Registrar of Titles within and for said County, except that part lying e8st9dyVfa|imebeginninQEd8pOintVn the north line of said Tract 1494.91 feet vv8Si of the northeast corner of said Tn8Ci' thence southeasterly 8t8D angle Of58 degrees, 43 minutes with said north line 445.39 feet; thence 8t8n angle of78 degrees 39 minutes k] the right 188.7 feet k]8 point 0nthe south line 0f said Tract 13O3.88 feet west from the s0ULh88St corner Of said Tract, Ramsey County, Minnesota. Torn8nSCertifioote Number: 171003. WHEREAS, the history of this conditional use permit is as follows: 1. On May 0. 2002. the planning D0rnnnisGkJn recommended that the ohv council approve this permit. 2.On May 28.2OU2. the city council held 8 public hearing. The city staff published a notice in the paper and sent notices k] the surrounding property owners. The council gave everyone GL the hearing 8 chance L0 speak and present written Gi8LRrnRnLG. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE|T RESOLVED that the city council approved the above- described conditional use permit based on the building and site plans. The city approves this permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code Ofordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance L0 any person or property, because of excessive noise, glare, smoke, dust, odor, funnea, water Or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only Olininno| vehicular traffic on |OC@| StFSRta and vvOU|d not create traffic congestion or unsafe access 0n existing 0r proposed streets. 6. The use would be served by adequate public facilities and services, including 8tr8eLS, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 8. The use would cause minimal adverse environmental effects. Approval ia subject to the following conditions: 1. All construction shall follow the site plan approved bv the city. The director Of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The applicant shall not load Or unload vehicles on public [ight-0fvv8y 4. Cars can only be parked on designated paved surfaces. 5. The city council shall review this permit in one year. Seconded byC0UDCi|nlBnlbgrNbppeO Av8S-A|| a Attachment MINUTES MAPLEWOOD CITY COUNCIL Y:0OP.K4., Monday, June 24.2O02 Council Chambers, Municipal Building Meeting N0. 02-13 2. Kline Nissan Dealership Wetland Setback Variance Reconsideration /31O0 Highway 81\ 8. City Manager Fursm8n presented the report. b. Assistant City Manager Coleman presented the specifics Of the report. C. Clifton A.AiChiDgBr, Ramsey/Washington K8RtFU VV8tSrShmd outlined the Metro Watershed's position. d. Rick Kline, owner, Kline Auto VVodd. spoke about the pnnp03o|. Councilmember Collins moved to approve the following variance resolution (50 foot buffer on the NE side, and 25 feet On all other sides with 8n infiltration system installed ODall sides), for the Nissan Dealership site plan: RESOLUTION 02-06-119 VARIANCE RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a variance from the zoning ordinance. WHEREAS, this variance applies hJ properties ot308O and 311O Maplewood Drive. The property identification numbers are O3-2S-22-22-00O2 and 03-29-22-22-UUO3. The legal description is: Tract "A", Registered Land Survey No. 15, on file in the office 0fthe Registrar of Titles within and for said County, except that part lying easterly of a line beginning at a point on the north line of said Tract 1494.91 feet west of the northeast corner of said Tract; thence southeasterly at an angle of 58 degrees, 43 minutes with said north line 445.3Sfeet; thence at an angle Of7S degrees 39 minutes t0 the right 188.7 feet tO8 point On the south line 0f said Tract 13O3.88feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Tbrn8OaC8rtifioot8 Number: 171003. WHEREAS, Section 3G-18G(h)(3)Of the wetland protection Ordin8noeneqUines81OO-foo wide wetland buffer. WHEREAS, the 8ouiC8nt proposed 8 75-foot-wide vv8t8Dd buffer. WHEREAS, the city council approved a wetland buffer variance ranging from a 50-foot-wide buffer on the northeast side of the property to a 75-foot-wide buffer on the south and southeast sides of the site. WHEREAS, the history of this variance is8Gfollows: 1. On May 6, 2002, the planning commission recommended that the city council approve this 2. The city council held 8 public hearing OD May 28.20O2. City staff published 8 notice iDthe Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described variance for the following reasons: a. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the property owner. The 10U-h}ot+wide wetland buffer requirement would make development of this site difficult. b. The variance would b8in keeping with the spirit 8ndintentVfihe ordinance, since the applicant would improve a portion of the wetland buffer substantially over its present state and will treat storm water from the site with a subsurface storm water infiltration system. c. The city council previously approved similar wetland buffer variances for three developments near this proposal. Approval is subject to the applicant doing the following: G. Dedicating 850-hJ0t wetland protection buffer easement along the northeast lot line and a 25-foot wetland protection buffer easement along the remaining wetland edge. This easement shall be prepared by a land surveyor, shall describe the boundary of the buffer and shall prohibit any building, mowing, cutting, filling or dumping within the buffer. The applicant shall record this easement before the city will issue a building permit. b. Submitting 8 revised grading p|8O showing compliance with the required wetland dedications. The grading plan shall |ndUd8 grading to within 18 feet Vf the wetland 9dQ8 On the side where the 50-fOoL buffer is required, with n8sk]n8tiOn of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district /see landscape requirement Ue|Vvv\. C. Submitting 8 revised |8DdsoopS plan for the restoration of 40 feet of the wetland- protection buffer on the northeast side of the site and for the 25-foot buffer in the other wetland buffer areas. This plan Sh8|| be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection bUffec d. Installing signs 8tthe edge Of the wetland-protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. Submitting 8 signed maintenance agreement h]the Ramsey/Washington Metro Watershed District and the city for maintenance of the subsurface storm water infiltration system that accepts responsibility for any necessary maintenance and upkeep of the system. Seconded hvCoUn[i|mernb9rKoopen Ayes-Mayor Cardinal, CoUnCi|nlennb8rG Collins and Koppen Nays-Council members Juenemann and Wasiluk 2 Agenda Item 15 AGENDA REPORT TO: Greg Copeland, City Manager FROM: CharleS/\hi Public Works Director/City Engineer Erin [@ber8e. Assistant City EDQiD88r SUBJECT: Authorization to Purchase Total Station for Engineering Services Program DATE: August 1.2007 The surveyors in the Engineering Department currently use two total stations for topographic and COnStn]CtkJO surveying. One of the total stations is 20 years (dd is outdated and not n8|i@b|8. This total station is DO |ODg9r in use. Engineering staff needs two total stations t0 d0 CODStnJCtiOD staking on this year's project 8ndt0poQn8ph|c surveying on next years projects concUrpent|y.|iisno|on08r8cVnonnit8|k] repair Or replace parts Of the equipment that are not functioning. Two quotes have been received for a new total station and necessary components. The first quote from Frontier Precision is for $15,124.07 and the second from Northwest Laser and Instruments for $16,649.15. Expenditures in several funds within the Engineering Departments budget are significantly lower than anticipated. A fund transfer from the overtime fund and the temporary wages fund would cover the cost of a total station. It is recommended that the city council approve the purchase of the total station and required components from Frontier Precision amount of $15,124.07 and authorize the City Engineer to make the necessary fund transfers. Attachments: 1. Quote from Frontier Precision 2. Quote from Northwest Laser and Instruments Northwest Lasers & Instruments, Inc. Date: August I3, 2007 City of Maplewood Attention: Jason Kreger Dear Jason Thank you for considering Northwest Lasers & Instruments for your total station needs. The following quotation is for the Total Station you had requested. If you have any questions regarding this quotation please feel free to call. The Sokkia Set 530R total station w /(2) TDS Rangers package to include: I - Sokkia Set 530 R3( 5 ") Manual Total Station # 6552 -25 $ 7,995.00 Includes: Batteries and Charger 2- Ranger to Instrument Cables $ 200.00 2- Wood Tripods $ 300.00 2- 8ft Prism Pole # 67- 4708TMA $ 290.00 2- Single Prism w /Target # 63 -2010M $ 250.00 TDS Ramer Options TDS Ranger w /Survey Pro Software 300x (312Mhz Processor) $ 3,299.00 each x L = (Q 5 9 F- 0 C) TDS Ranger w /Survey Pro Software 500x (512Mhz Processor) Above price does not include applicable sales tax. Thank you, f ,. 0, %� Rob Luers Northwest Lasers & Instruments, Inc. $ 3,799.00 each 15633. oc 5uoTo- ,-A c- i 5 T,1 TA L 2200 University Ave Suite 100 St Paul MN 55114 (651) 645 -3828 Fax (651) 645 -4832 ,- T V i m b I e GPS- Constivction- Survey- Software - Machine Controls Agenda Item 16 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Walgreens at Beam and White Bear Avenue, City Project 04-37, Approve Developer's Agreement DATE: July 27th, 2006 The Walgreens at Beam Avenue and White Bear Avenue has been approved by the City Council. Conditions of approval required the developer to post $9,000 for the future installation of sidewalk along Beam Avenue in conjunction with the White Bear Avenue Improvements by Ramsey County. BACKGROUND As part of the conditions of approval for Walgreens, it is required that the Developer post to the City $9,000 for the future construction of a sidewalk along Beam Avenue. Typically, the developer would be required to construct this sidewalk, but due to the upcoming White Bear Avenue reconstruction, the intersection at Beam Avenue will be reconfigured and the proper location of the sidewalk is unknown at this time. When White Bear Avenue is reconstructed, the sidewalk will be constructed. The agreement details this requirement. 0* 614] LY, I LY, 14 Z I BY-A 1 [01 ki It is recommended that council approve the Developer's Agreement between W.B. - Beam, L.L.0 and the City of Maplewood. Attachment: 1. Developer's Agreement CITY 0FMAPLEWOOO Ramsey County, Minnesota Development Agreement for VVG|Qr88nSat Beam Avenue and White Bear Avenue THIS AGREEMENT, made this day Of August, 20OY between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city [n8DGg8[. herein CG||Rd the CITY, VV.B.-BSorn @ K8iDORaOt@ Limited Liability Company herein called the OWNER and Meer Construction, Inc. a Minnesota Corporation, herein called the DEVELOPER. |N CONSIDERATION Cf the following mutual agreements and covenants, the parties hereby agree as follows: |n consideration Of the CITY accepting the Walgreens development, the DEVELOPER Sh8U provide all internal water systems, SLVnn water management facilities, sanitary sewers and street improvements, including concrete curb and gutter, signing, landscaping and other improvements as specified herein, all in conformance with current City standards, more specifically outlined in the Special Conditions, Plans and Specifications attached to this contract. All internal inlpnJv8[n8Dts constructed by the DEVELOPER shall b8 considered private utilities and/or improvements and shall b8 maintained by the DEVELOPER Vr their assign. The exception tothe private inlpn3v8nlentS iS the sidewalk along Beam Ave. The OWNER warrants that he is the owner of the property proposed for the construction of VVa|Qn8ens and maintains all rights and obligations necessary tV construct the said i[nprOvR[nRDtS. 2. The DEVELOPER agrees Ln provide a cash escrow in the form nfcash deposit for the construction of sidewalk along Beam Avenue. The City shall construct this sidewalk when the White Bear Avenue Street Improvements are constructed in2UO8. The cash escrow shall b8in the amount 0f$9.00U. 3. The OWNER agrees to dedicate at no cost LVthe city, 10 feet Vfright away along White Bear Avenue for the future reconstruction of White Bear Avenue in2OUGoS specifically shown On the plan attached hereto 8s Exhibit A. 4. The OWNER 8gr88S to 8x8cUte, prior to issuance of the Certificate of Occupancy, o maintenance agreement establishing the maintenance requirements and responsibilities for the storm sewer treatment structures. 5. Cash 8GcnJvv shall be letter of credit or cash deposit. If the surety is in the form of letter 0fcredit, the letter 0fcredit rnUGt clearly indicate that it is an irrevocable letter of credit (from a financial institution approved by the City Attorney) in the n8nn8 of the City of K8ap|8vvVOd. p8y8U|8 on demand, to assure compliance with the terms [f this developer's agreement. The letter Cf credit shall beofo one-year duration and must have 8 condition indicating renewal, automatic with notification to the CITY 8 nnininnurn ofSOdGys prior to its expiration. 8. The DEVELOPER shall complete the public works improvements, if any, covered by this agreement by no later than April 30.2009.NO deviation from the required completion date shall b8 permitted unless approved in writing by the CITY. After receipt Vf written notice from the DEVELOPER Vfthe existence of causes over which the DEVELOPER has no control which will delay the completion of the work, the CITY, ot its discretion, may extend the completion date and any financial sureties required shall be continued k} cover the work during the extension 0ftime. 4 7. The DEVELOPER shall furnish all engineering, architectural and administrative services for the private improvements and building projects. O. The DEVELOPER agrees that the work shall bS done and performed iDthe best and most workmanlike manner; and all rn8teh U materials and strict conformity with respect LO the approved Plans and Specifications and improvement standards of the City of Maplewood, and shall be subject to the inspection and approval of the CITY nra duly authorized engineer 0fthe CITY; and in case any material or labor supplied shall be rejected bythe CITY Or engineer 8S defective O[ unsuitable, then such rejected Qn8tR[i8|Sho|| be removed and replaced with approved material tO the satisfaction and approval Of the CITY or engineer and ai the sole cost and expense of the DEVELOPER. 9. After completion of any private work required by the DEVELOPER within public right-of-way Ur easements, the City engineer orthe City engineer's designated representative and a representative of the OEVELOPER'n engineer will make a final inspection of the work. This provision shall apply only to work within public right-of-way or easements. The City engineer will not inspect or warrant any private work conducted by the contractor or contractors hired by the DEVELOPER. 10. |tis further agreed, anything tO the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not b8 personally liable or responsible in any manner k} the OWNER, DEVELOPER, the DEVELOPER'S contractor orsubcontractor, nl8t8ri8| SUpp|iena |@b0nanS ort0 any other person nr persons whomsoever, for any claim, demand, damages, actions Vr causes [f action of any kind or character arising out Cf 0rby reason Of the execution 0f this agreement O[ the performance and It] completion of the work or the improvements provided herein, which the DEVELOPER will save the CITY harmless from all such claims, demands, damages, actions Or causes Of action Or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories [f said costs, cost and expenses for CITY administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such claims as may be brought against the CITY. |tiS further agreed that the DEVELOPER will furnish the City of Maplewood proof of insurance in the amount as required by the approval specifications covering any public liability or property damage Uy reason nfthe operation of the DEVEL{)PER's equipment, laborers, and hazard caused by said improvement. 11. Breach of any terms of this agreement by the DEVELOPER shall begrounds for denial of building or occupancy permits for the Walgreens building until the DEVELOPER corrects such breach. 12. In case any one or more of the provisions contained in this Agreement shall be invalid, i||Rg@| or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein and any other application thereof shall not in any way be affected or impaired thereby. 13. The terms and conditions of this agreement shall be binding on the parties hereto, their respective successors and assigns 8ndLh8b8n8fitS8ndbVnd8nS shall run with the land and may be recorded against the title to the property. In the event that this ognSS[nSOt is naD0[d9d. the CITY, DEVELOPER and OWNER hereby agree to execute and record a termination of this agreement upon issuance Vfa Certificate OfOccupancy. 14. Notices. Whenever iL shall b8 required 0r permitted by this Agreement that notice 0rdemand be given or served by either party to0r0D the other party, 1H such notice Or demand shall be delivered personally 0r mailed bvUnited States mail t0 the addresses hereinafter set forth bv certified mail. Such notice O[ demand shall be deemed timely given when delivered personally Or when deposited in the mail in accordance with the above. The addresses nf the parties hereto for such rnoi| purposes are as follows, until vvhUen notice Of such address has been given: A9{D the City: City OfMap 1830 County Road BEast Maplewood, MN 55108 As to the Landowner: W.B. — Beam, LLC C/o Semper Development, Ltd 80 South Eight Street Suite 1275 Minneapolis, Minnesota 55402 SIGNATURES FOR OWNER AN STATE OFMINNESOTA )oa. COUNTY DFHENNEP|N \ The foregoing instrument was acknowledged before m8 this day of August, 2007, by of the Owner. Notary Public � SIGNATURES FOR DEVELOPER MEER CONSTRUCTION, INC. 011 STATE OF MINNESOTA ss. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of August, 2007, by , the of the Owner. SIGNATURES CITY OF MAPLEWOOD: Diana Longrie, Mayor STATE OF MINNESOTA ss. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of 2007, by Diana Longrie, Mayor, of the City of Maplewood, a municipal corporation. Notary Public SIGNATURES CITY OF MAPLEWOOD: Greg Copeland, City Manager STATE OFMINNESOTA )oa. COUNTY OF RAMSEY The foregoing instrument was acknowledged before nn8 this day 0f 2007.bv Greg Copeland, City Manager, of the City of Maplewood, a municipal corporation. Notary Public 7 SPECIAL CONDITIONS WE SUBDIVISION DEVELOPMENT 1. Project |nfn[mGtkJD: a. Name: Walgreena C. Engineer: Pk}vv8EngiO8GhDg d. General Contractor: Meer Construction 8. Financ Guarantees: (1) Type: Cash Escrow (Sidewalk along Beam Avenue) 2. Scope of work contemplated under the terms 0fthis contract and covered bv escrow guarantee are outlined in the conditions of development approval from the December 11 m .2000 city council meet (see attached [ninutes\. � MINUTES MAPLEWOOD CITY COUNCIL 7:2OP.K8. Monday, December 11.20O0 Council Chambers, City Hall Meeting No. O0-33 New Business 2. VV8| (Northeast Corner of White Bear and Beam Avenues) Lot Division Land Use Plan Amendment /LBCtoBC) Zoning Map Change /LBChoBC) Design Review a. Planner Finwall presented the report. b. John Kohler, Architect, S9mpor Development, was present for council questions. S. Matt Reagan, Construction Manager, Meer Construction, |nC, addressed sidewalk issues. d. Scott Reagan, Meer Construction, answered council questions. e. Commissioner Grover, representing the Maplewood Planning Commission, presented the Planning Commission report. Mayor Longrie moved to approve the lot div 2.83-acre lot located on the northeast corn requirements (Section 34-14 - lot divisions) and is subdect to the following: 8. Submit G revised survey t0 staff for approval which shows the 1 ) Legal descriptions of Parcels A and B. 2) Location and legal description Cf8 utility and access easement on the east side of Parcel AtOaccommodate utilities and access for the property to the north i205O White Bear Avenue) and access for the property to the east (Parcel B). 3) Location and legal description OfGD access easement 0D the north side of Parcel A and the south side of the property k} the north /2950 White Bear Avenue) to accommodate the driveway located 0nthe north side of the VV8|gr8ens' building and the shared curb cut onWhite Bear Avenue. 4\ Location and legal description 0f8ten-fo0t-wid8roadway easement along White Bear Avenue the entire length of Parcel Ato accommodate for future roadway widening. 44, b. Deeds describing the two new legal descriptions for Parcels A and B, including the required utility, access, and roadway easement descriptions described above. C. Deeds must be recorded with Ramsey County within one year of the date of lot division approval or the lot division will become null and void (city code requirement). d. Prior to issuance of a grading or building permit for the proposed Walgreens retail store and pharmacy on Parcel A, the following must be submitted to staff for approval: 1 ) Proof that Ramsey County has recorded the deeds. 2) A signed certificate of survey for Parcel A showing the location of all property lines, building, parking, driveway, freestanding sign, and easements. Seconded by Councilmember Cave Ayes-All Councilmember Rossbach moved to adopt the following comprehensive land use plan change resolution. This resolution changes the comprehensive land use plan for the newly subdivided 1.54 acre western lot (Parcel A) n the vacant lot located on the northeast corner of Beam an White Bear Avenues from Limited Business Commercial (LBC) to Business Commercial (13C): COMPREHENSIVE LAND USE PLAN CHANGE RESOLUTION 06-12-153 WHEREAS, Sernper Development, representing Walgreens, applied for a change to the city's comprehensive land use plan from Limited Business Commercial (LBC) to Business Commercial (BC). WHEREAS, this change applies to the west 253 feet of the vacant property located on the northeast comer of Beam and White Bear Avenues (Parcel A as described in the October 5, 2006, Lot Split Boundary Exhibit). WHEREAS, the property identification number for the property is 02 -29- 22 -24 -0004. WHEREAS, the legal description of Parcel A is as follows: That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the center line of White Bear Avenue, Except the part thereof described as follows: Beginning at a point on the East line of the Southeast Quarter of the Northwest 10 Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East line; thence 354.5 feet due Nest; thence 350 feet due South; thence in a Southeasterly direction to a point which is 120 feet due West of the point of beginning; thence Northwesterly along last said line 166.75 feet to the north line of the said South 284.96 feet; thence along last said north line, South 89 degrees 19 minutes 05 seconds Nest a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40 minutes 55 seconds East a distance of 284.96 feet to the east 1 west quarter line of said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes 05 seconds East to the center of said Section 2; thence northerly along the East line of the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00 feet to the point of beginning; according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White Bear Avenue and encumbrances as shown on an ALTA survey prepared by Houston Engineering dated March 24, 2006. Containing approximately 67,013 square feet. WHEREAS, the history of this change is as follows: 1. On November 20, 2006, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements prior to their recommendation. 2. On December 11, 2006, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described change to the land use plan for the following reasons: 11 1. Provide for orderly development. 2. Protect and strengthen neighborhoods. 3. Promote economic development that will expand the property tax baS8, increase jobs and provide desirable services. 4. Minimize the land planned for streets. 5. Minimize conflicts between land uses. 0. Prevent premature use, overcrowding, or overuse Ofland especially when supportive services and facilities, such aSutilities, drainage systems, or streets are not available. 7. Help to implement the gOo|S of the C0QnpFSh8OSive p|8D including: o\ 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 b8 provided for all properties. C\ Transitions between distinctly differing types Of land uses should not create 8 negative economic, social, orphysical impact on adjoining developments. d\ Whenever possible, changes in types Of land use should occur so that similar uses front on the same street oredborders of areas separated by major nn8n- made Vr natural barriers. 9\ The city coordinates land use changes with the character [f each neighborhood. D Group compatible businesses in suitable areas. g\ Avoid disruption of adjacent Or nearby [8Sid8Dti8| 8[88S. Seconded byCVUnCi|nn8nnberCave Av8g-A|| Councilmember Rossbach moved to adopt the following resolution approve the zoning map ch5`_nqe for the newly subdivided 1.54 acre ZONING MAP CHANGE RESOLUTION 06-12-154 WHEREAS, Scraper Development, representing Walgreens, onohcd for a change a/ the city's zoning map from Limited Business [ommercin|(L0[)10 12 Business Commercial (BC). WHEREAS, this change applies to the west 25' 3 feet of the vacant property located on the northeast comer of Beam and White Bear Avenues (Parcel A as described in the October 5, 2006, Lot Split Boundary Exhibit). WHEREAS, the property identification number for the property is 02 -29- 22 -24 -0004. WHEREAS, the legal description for Parcel A is as follows: That part of the South 284.96 feet of the South 731.5 feet of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29 North, Range 22 lying East of the center line of White Bear Avenue, Except the part thereof described as follows: Beginning at a point on the East line of the Southeast Quarter of the Northwest Quarter of Section 2, Township 29, Range 22, said point being 175 feet Northerly of the South line of said Southeast Quarter; thence Northerly 556.5 feet along the East line; thence 354.5 feet due West; thence 350 feet due South; thence in a Southeasterly direction to a point which is 120 feet due West of the point of beginning; thence Northwesterly along last said line 166.75 feet to the north line of the said South 284.96 feet; thence along last said north line, South 89 degrees 19 minutes 05 seconds West a distance of 94.73 feet; thence deflecting left 90 degrees, South 00 degrees 40 minutes 55 seconds East a distance of 284.96 feet to the east 1 west quarter line of said Section 2; thence along said east /west quarter line, North 89 degrees 19 minutes O5 seconds East to the center of said Section 2; thence northerly along the East line of the Southeast Quarter of the Northwest Quarter of said Section 2 a distance of 175.00 feet to the point of beginning; according to the U.S. Government Survey thereof, Ramsey County, Minnesota. Subject to the right of way for Beam Avenue and White 13 Bear Avenue and encumbrances om shown uoanALT& survey by Houston Engineering dated March 24, 2006. Containing approximately 67,013 square WHEREAS, the history of this change is as follows: l. (}o November 2U the planning con�o�imm�nzboklunuhUc . The chvu�dTnuh�abcduhearing notice bothe Maplewood Review and sent notices lo 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. {)u December l|,2UOh the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE|T RESOLVED that the city council approve the above change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure Ord9tn]CtfnJD1 the use Ofneighboring property 0r from the character Ofthe neighborhood, and that the use Cf the property adjacent bJ 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 m] negative effect upon the logical, efficient, and economical extension Of public services and t8Ci|iUeS. such as public water, sewers, police and fire protection, and schools. Seconded by Councilmember Cave Ayes-All Mayor Longrie moved to approve the glans date-stamr)ed October 2, 8. Repeat this review in two years if the city has not issued a building permit for this project. 14 b. Prior to issuance ofa grading Or building permit, the applicant must submit to staff for approval the following items: 1\ Revised grading/drainage/utility plans which comply with all city engineering department requirements 8G specified in the November 20, 2008, engineering report indUdinQ, but not |irniL8d to, the granting ofohght-of-vvay easement along White Bear Avenue and the submittal Cf8n escrow k} the city k}ensure construction [f8 six-foot-wide sidewalk 8|VnQ the length of Beam Avenue adjacent VVo|gre8n'3 development t0b8 complete bythe city in2OU8. 2\ Revised site plan showing o bike rack t0b8 located near the building entrance. 3) A revised lighting 8ndDh0t0mSthCSD|8nvvhichahOvvSth@tthR overall illumination from outdoor lights does not exceed A-h}0L oand|8SotoUpropedv|inea. 4) Obtain 8 permit from Ramsey County for construction on county h0 for the driveway access, utility work, and sidewalk. 5) Watershed district approval if revisions warrant 8new review. G) A cash escrow Vr8n irrevocable letter Of credit for all required exterior improvements. The amount shall Le150 percent Ofthe cost of the work. C. Si n88eontheprnpedvi3padOfthedeSignreviawappnJvo|andia subject to the following sign criteria: 1) One freestanding sign tobR located OD the corner 0f Beam and White Bear Avenue. Freestanding sign h]b88[n@xinlUnl0f15 feet in height, 0U square feet in area, maintain 81U-fo[t setback to all property lines and comply with traffic visibility requirements. 2) Two \8/a|or8ens wall signs LOb8 located on the south and west fd8v8tk}D. Signs tOb8 constructed Of individual letters with @ rn8xinnVrn letter height of two feet and must be c8nL8n8d within the manufactured limestone facade. 3) Two one-hour photo signs and two pharmacy signs tobelocated on the south and west elevation. Signs L0b8 constructed Uf individual letters with @ nn8xi[nu[n letter height Of 1.5 feet, and rnUsL be centered within the nnanUt8[tUped |inn8Gton8 piers, above the windows. 4) One drive-through pharmacy directional sign tob8 located above the standing Se80 mRb3| roof on the south elevation. Sign to be constructed of individual letters with G [n8xinlU[n letter height Of 1.5 feet. 15 5) One interior entrance tower neon sign, 22 square feet in area. d. The applicant shall complete the following before occupying th8bVi|dinQ: 1) Replace any property irons removed because of this construction. 2) Provide continuous concrete curb and gutter around the parking lot and driveways. 3\ Install all required landscaping and underground irrigation. 4) Screen the rooftop mechanical equipment. 5\ Install all required outdoor lighting. e. If any required work is not done, the city may allow temporary occupancy 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The above-required letter 0f credit 0r cash escrow iG held bvthe City 0fMaplewood for all required exterior improvements. The owner 0r contractor shall complete any unfinished exterior improvements by June 1if occupancy of the building iSin the fall or winter, Vr within six weeks [f occupancy of the building if occupancy iSin the spring Orsummer. All work shall follow the approved plans. The director 0fcommunity development may approve minor changes. Im Seconded by Councilmember Rossbach Ayes- 10 Agenda Item 17 TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works/City Engineer Bill Priefer, Public Works Operations Analyst SUBJECT: Mogren Street Improvements, City Project 06-17, Resolution Approving Cooperative Agreement with MnIDOT for Signal Reimbursement Expenses DATE: August 16, 2007 The City of Maplewood wishes to enter into an agreement with the State of Minnesota, Department of Transportation (Mn/DOT), to share in the costs of the traffic signal system revisions and interconnect construction to be performed on T.H. 61 at Beam Avenue Background City Project 06-17, Mogren Street Improvements, Beam Avenue to County Road D, includes signal revisions at T.H. 61 and Beam Avenue. Mn/DOT Cooperative Agreement No. 91575 provides for payments by the State of Minnesota to the City of Maplewood for the State's share of the construction costs. Cost percentages are based on the percentage of intersection legs controlled by each roadway authority. For this signal system, Mn/DOT is responsible for two legs (T.H. 61) resulting in 50% of the bid price, and the City of Maplewood is responsible for the remaining 50% for Beam Avenue. Z1 *6141 LY, I LY, 1:4 11 I BY-A 1 [01 Ll It is recommended that the city council authorize the execution of Cooperative Agreement No. 91575 for the reimbursement of expenses by the State for the traffic signal system revision and associated construction in conjunction with City Project 06-17. Attachment:s: 1. Resolution 2. Mn/DOT Memo dated June 29, 2007 3. MnIDOT Agreement No. 91575 RESOLUTION IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 91575 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of Maplewood for the State's share of the costs of the traffic control signal and interconnect construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 61 at Beam Avenue within the corporate City limits under State Project No. 6222-159 (T.H. 61=001). IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. 0 Minnesota Department of Transportation Metro District Waters Edge 1500 W. County Road 02 Roseville, MN 55113 Office Tel: 851-234-7818 Fax: 851-234-7850 E-mail: Linda. heath@dot.state.mn.us June 29, 2007 Mr. Chuck Ahl Public Works Director City of Maplewood |902 County Road BEast Maplewood, MN 55109 Subject: S.P. 6222'159([Il.61), SAP 138'020'032, S&P 138-122'002 Traffic Control Signal Preliminary Cooperative Construction Agreement Information 7.[l. 6l Ca,Beam Avenue Dear Mr. /\bl: The City o[ project for the construction of the traffic signal system ul the above mentioned location was let oo May 2. 2007. Mn/DOT's programmed preservation funding for the replacement u{ this traffic control signal isinState Fiscal Year 2O|l. In order io proceed with the transfer of these funds |p the City iuState Fiscal Year 2011 the Department nfTransportation needs concurrence from the City of Maplewood regarding the cost participation, powec cuoiuiououceand operodmnrompouaibi|diomof the signal xy�cco. P1ouxcrcvicvvtbedesign, cos| maintenance, power supply, operation, and funding information outlined below and respond on behalf of your agency ze�ondiugcoznonibncottov/ordmthe various zeap000ihiUdeo. Maintenance and Operation Responsibilities Presently Mn/[x}T traffic signal agreement number 74]5Oimin place regarding this traffic signal and will rema iu effect. This agreement covers ma operations, E\/9 street light and the cost of electrical power for the traffic signal. The costs cover construction for the new traffic signal will be covered in the Municipal Cooperative Construction Agreement. DESIGN FEATURES The permanent traffic actuated signal system N}econstructed shall LED indications, luminaires over the mainline signal poles, countdown pedestrian indications, mast arm and pole signing, and appro iatopovcuzoo1znozkioga.Luopddoodooubo|lbciootaJlcdwiUzbznoonoeLullio conduit. SIGNAL SYSTEM AGREEMENT Cost percentages are based ou the percentage o[ intersection legs controlled hveach roadway authority. For this signal myskem Mu/DOTia responsible for two legs resulting iu50%of the bid price and the City is responsible for the remaining 50%. Bid Prices: Signal "C"): $193,525.00 Total Construction Cost (not including State Furnished : $198 Traffic Control Signal MobUououcc Agreement Information SP 6222-159 (TH 61 cu Beam Avenue) June 29, 2007 Page 2 Mn/DOT's Share (50% of Bid Price): $99,26250 State furnished materials/labor shall be reimbursed by the participating agencies at the same rate as the corresponding signal system. These items/costs will be included in the municipal agreement and will be in addition to the contract pay item costs listed above. Estimated costs for known state furnished items: Cabinet/controller* = $28,500. Mn/DOT's Share (50%) = $14,250.00 Construction Engineering and Inspection (8% of Mn/DOT's signal share): $9,081.00 Total Mn/DOT Participation (State Fiscal Year 2011 Reimbursement) = $122,593.50 *The City must obtain the cabinet and controller through the direct purchase process from Mn/DOT. A purchase order (P.O.) must be issued by the City listing the vendor as the State of Minnesota — Department of Transportation. The P.O. should be mailed to: State of Minnesota — Department of Transportation 6000 Minnehaha Avenue St. Paul, MN 551 Attn: James Deans, Electronic Maintenance Supervisor The billing will be invoiced to the City of Maplewood. Please allow four weeks after receipt of P.O. to receive the cabinet and controller. Please respond in writing or by e-mail to this letter by July 22, 2007 so that we may continue with the Municipal Agreement without delay. If there are any questions or concerns with which I may be of assistance, please call or e-mail me. Sincerely, Minnesota Department of Transportation Linda Heath Metro District Signals Project Manager CC: John Bieniek, MESU* Robert Vasek, WE* Wayne Lemaniak, WE* Chris Roy, WE* Marc Goess, WE* Mary Lunceford, WE* Steve Misgen, WE* Pete Ellwanger, WE* James Deans, CESU* Lanette Zaiger, CO* Maryanne Kelly-Sonnek, CO* Allan Espinoza, WE* Dick Pientka, CO* Michael Gerbensky, WE* Curt Krohn, WE* District File C.S. 6222 * Electronic copy only (hard copies available upon request) PRE-LETTING STATE OF MINNESOTA SERVICES DEPARTMENT OF TRANSPORTATION SECTION COOPERATIVE CONSTRUCTION AGREEMENT Mn/DOT AGREEMENT NJ 91575 S.P. 6222-159 (T.H. 61=001) S.A.P. 138-020-032 S.A.P. 138-122-002 C.P. 06-17 State Funds The State of Minnesota Department of Transportation, and The City of Maplewood Re: State cost traffic signal system "C" construction by the City on T.H. 61 at Beam Avenue ORIGINAL I AMOUNT ENCUMBEREM 122,593.50 (FY 2011 (None) THIS AGREEMENT is made and entered into by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Maplewood, Minnesota, acting by and through its City Council, hereinafter referred to as the "City". 1 91575 WHEREAS, the City is about to perform grading, aggregate base, bituminous surfacing, concrete curb and gutter, concrete walk, utilities, storm sewer and traffic signal improvements construction and other associated construction upon, along and adjacent to Beam Avenue (C.S.A.H. 19) from Trunk Highway No. 61/Maplewood Drive to the BNSF Railroad bridge and on Beam Avenue (C.S.A.H. 19) from Trunk Highway No. 61/Maplewood Drive to Duluth Street within the corporate City limits in accordance with City-prepared plans, specifications and special provisions designated by the City as City Project 06-17 and by the State as State Project No. 6222-159 (T.H. 61=001) and S.A.P No's. 138-020-032, 138-122-002; and WHEREAS, the City has requested participation by the State in the costs of the traffic control signal system IICII and interconnect construction; and WHEREAS, the State is willing to participate in the costs of the traffic control signal system IICII and interconnect construction which includes the State's share for State Furnished Materials and associated construction engineering in a lump sum amount as hereinafter set forth; and WHEREAS, although the State is willing to pay the City, it can pay only after funds for the traffic control signal system IICII and interconnect construction have been encumbered, which encumbrance must be preceded by the appropriation of such funds by the Minnesota Legislature; and WHEREAS, this construction is currently part of the State's 2011 fiscal year road construction program, and the State will seek the appropriation of funds, and encumber the funds, if available; and WHEREAS, Minnesota Statutes Section 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and 2 91575 cooperate with any governmental authority for the purposes of constructing, maintaining and improving the trunk highway system. ARTICLE I - CONSTRUCTION BY THE CITY Section A. Contract Award and Construction The City did receive bids and has awarded a construction contract to the lowest responsible bidder in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 06-17 and by the State as State Project No. 6222-159 (T.H. 61=001). Execution of this Agreement shall constitute concurrence by the State in that award. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section B. Direction, Supervision and Inspection of Construction The contract construction shall be under the direction of the City and under the supervision of a registered professional engineer; however, the State cost participation construction covered under this Agreement shall be open to inspection by the State District Engineer's authorized representatives. Responsibility for the control of materials for the State cost participation construction covered under this Agreement shall be on the City and its contractor and shall be carried out in accordance with Specifications No. 1601 through and including No. 1609 as set forth in the State's current "Standard Specifications for Construction". Section C. Completion of Construction The City shall cause the contract construction to be started and completed in accordance with the time schedule in the construction 3 91575 contract special provisions. The completion date for the contract construction may be extended, by an exchange of letters between the appropriate City official and the State District Engineer's authorized representative, for unavoidable delays encountered in the performance thereof. Section D. Additional Construction, Plan Changes, Etc. The State shall not participate in the cost of any contract construction that is in addition to the State cost participation construction covered under this Agreement unless the necessary State funds have been encumbered and the terms and conditions in the following paragraph have been met. All changes in the plans, specifications and special provisions for the State cost participation construction covered under this Agreement and all addenda, change orders and supplemental agreements entered into by the City and its contractor for State cost participation construction covered under this Agreement must be approved in writing by the State District Engineer's authorized representative before payment is made by the State therefor. Section E. Compliance with Laws, Ordinances and The City shall, in connection with the award and the construction contract and the performance of construction, comply and cause its contractor to Federal, State and Local laws, and all applicable regulations. Regulations administration of the contract comply with all E� ordinances and Section F. Construction Engineering Costs The State shall pay a construction engineering charge in an amount equal to 8 percent of the total cost of the State participation construction covered under this Agreement. I 91575 Section G. Addenda, Change Orders and Supplemental Agreements The State shall share in the costs of construction contract addenda, change orders and supplemental agreements that are necessary to complete the State cost participation construction covered under this Agreement and that have been approved in writing by the State District Engineer's authorized representative. ARTICLE II - PAYMENT BY THE STATE The State shall pay to the City, as the State's full and complete share of the costs of the traffic control signal system "C" and interconnect construction, the State's share of state furnished materials and associated construction engineering to be performed upon, along and adjacent to Trunk Highway No. 61 at Beam Avenue within the corporate City limits under State Project No. 6222-159 (T.H. 61=001), a lump sum in the amount of $122,593.50. After the following conditions have been met, the State shall pay to the City the State's full and complete lump sum cost share: 1. Execution and approval of this Agreement and the State's transmittal of it to the City. 2. Receipt by the State from the City of certified documentation for all of the right-of-way and easement acquisition required for State cost participation construction covered under this Agreement. 3. Legislative appropriation of funds for the State's road construction program. It is anticipated that payment by the State that depends on Legislative appropriation of funds will be made after July 1, 2010 and before June 30, 2011 for Fiscal Year 2011. 4. Encumbrance by the State of the State's total estimated construction cost share, the State's share of the state furnished 5 91575 materials and the 8 percent construction engineering cost share, no earlier than July 1, 2010. 5. Receipt by the State of a written request from the City for the payment of funds. ARTICLE IV - GENERAL PROVISIONS Section A. Maintenance and operation of signal system Upon completion of the traffic signal system "C", interconnect and EVP construction to be performed within the corporate City limits under the construction contract, the existing signal operation and maintenance agreement No. 74350 dated March 28, 1996 between the State, City and Ramsey County shall remain in full force and effect. Section B. Termination of Agreement Each party may terminate this Agreement, with or without cause, by providing the other party with written or fax notice of effective date of termination. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered under this Agreement. Termination must be by written or fax notice to the City. The State is not obligated to pay for services performed after notice and effective date of termination. Upon such termination, the City is entitled to payment for services satisfactorily performed under this Agreement prior to the effective date of termination, to the extent the funds are available. 6 91575 Section C. Examination of Books, Records, Etc. As provided by Minnesota Statutes Section 160.05, subdivision 5, the books, records, documents, and accounting procedures and practices of each party relevant to this Agreement are subject to examination by each party, and either the legislative auditor or the state auditor as appropriate, for a minimum of six years from final payment. Section D. Claims Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. Each party is responsible for its own acts, omissions and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes Section 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. Section E. Nondiscrimination The provisions of Minnesota Statutes Section 181.59 and of any applicable law relating to civil rights and discrimination shall be considered part of this Agreement as if fully set forth herein. Section F. Agreement Approval Before this Agreement becomes binding and effective, it shall be approved by a City Council resolution and executed by such State and City officers as the law may provide in addition to the Commissioner of Transportation or their authorized representative. ARTICLE V - AUTHORIZED AGENTS The State's Authorized Agent for the purpose of the administration of this Agreement is Maryanne Kelly-Sonnek, Municipal Agreements Engineer, or her successor. Her current address and phone number are 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155, (651) 366-4634. 7 91575 The City's Authorized Agent for the purpose of the administration of this Agreement is Chuck Ahl, Public Works Director, or their successor. Their current address and phone number are 1902 County Road B East, Maplewood, MN 55109, (651) 249-2402. 8 91575 IN TESTIMONY WHEREOF the parties have executed this Agreement by their authorized officers. STATE ENCUMBRANCE VERIFICATION DEPARTMENT OF TRANSPORTATION Individual certifies that funds have been encumbered Recommended for approval: as required by Minn. Stat. 55 36A.15 and 16C. 05. By By District Engineer Approved: Date By State Design Engineer MAPS Encumbrance No. By Mayor Date By Title Date Date Approved as to form and execution: By Contract Management Date COMMISSIONER OF ADMINISTRATION As delegated to materials Management Division By Date 9 Agenda Item 18 TO: Greg Copeland, City Manager FROM: Charles Ahi Director of Public Works/City Engineer Bill Priefe[ Public Works Operations Analyst SUBJECT: Minnesota Department of Natural Resources MnReLeaf Grant for Oak Wilt Disease Control DATE: August 17 The City of Maplewood has received a Minnesota ReLeaf grant in the amount of $1O,UO0 for the grant period Of July 1.2OO7 through June 30,2OO8. The K8DR9L8of grant provides matching funds 0n8 reimbursement basis for a comprehensive disease management program for oak wilt within defined control zones within Maplewood. The Department of Natural Resource's goal for the program is to maintain oaks 8s|n integral part of community resources and io minimize the impact [f oak wilt. Background The MnReLeaf grant provides reimbursement to citizens and the city for oak wilt control efforts including vibratory plowing and the removal of diseased spore producing oak trees. Chemical injections, hOvv8v8[. are not reimbursable this year GS they were last year. The City received our first K4nR8LeGf grant last year for the period 0f July 1.20O8 through June 30.20OYin the amount [f $7 [)f that amount, $4.00Uwas reimbursed to eleven property owners, and $3,800 was reimbursed to the city for control work and removal of diseased oaks 8t open space sites. Through outreach and education, we attempted to identify and notify property owners of diseased oaks in order to encourage their participation in the management of oak wilt through matching grant money. The participation level was lower than vveexpected. However, individual land owners have different values and economic circumstances that sometimes preclude the appropriate actions L0 contain oak wilt. We hope that through the combination of financial assistance and continued outreach and education that more property owners will participate in isolating this disease and take advantage of the financial assistance afforded by this grant. No action is required by the council. This is information only. Agenda Item 19 To: Maplewood City Council From: Greg Copeland, City Manager Date: August 22, 2007 Re: Temp-Seasonal-Casual Part-time Pay Ranges for 2007 a=. � The City of Maplewood periodically updates the guidelines for pay ranges for part-time, non-benefit earning employees. The pay ranges were last updated in December of 2005. Supervisors have the ability to hire within the range, based on a person's experience, qualifications, etc. Recommendation: I recommend that the City Council approve the attached resolution that sets guidelines for pay ranges for these part-time non-benefit earning employees. RESOLUTION WHEREAS, according to the Minnesota Public Employees Labor Relations act, part -time employees who do not work more than 14 hour per week and temporary /seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full -time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary /seasonal and casual part-time (14 hours or fewer /wk) employees effective upon approval. Accountant $10.00 -30.00 per hour Accounting Technician $9.00 -22.00 per hour Administrative Assistant $9.00 -23.00 per hour Background Investigator $25.00 -35.00 per hour Building Inspector $14.00 -35.00 per hour Building Attendant $6.15 -15.00 per hour Clerk $7.50 -15.00 per hour Customer Service Assistant $6.15 -15.00 per hour CSO $8.00 -16.00 per hour Data Entry Operator $8.00 -12.00 per hour Election Judge $6.50 -12.00 per hour Election Judge - Assistant Chair $9.00 -15.00 per hour Election Precinct Chair $9.00 -16.00 per hour Engineering Aide $7.00 -16.00 per hour Engineering Technician $10.00 -16.00 per hour Fire Department Custodian $600 -690 per quarter Firefighter -Paid- Per -Cali $8.74 -15.31 per run $18.00 per drill Firefighter -Paid- Per -Call - Shift Fill -in $12.00 per hour Intern $6.50 -20.00 per hour IT Technician $15.00 -20.00 per hour Laborer $6.50 -14.00 per hour Lifeguard $6.15 -14.00 per hour Manager on Duty Differential $1.00 per hour Office Specialist $8.50 -18.00 per hour Receptionist $8.00 -16.00 per hour Recreation Instructor /Leader $615 -32.00 per hour Recreation Official $6.15 -30.00 per hour Recreation Worker $6.15 -18.00 per hour Theater Technician $20.00 -30.00 per hour Vehicle Technician $9.00 -15.00 per hour Video Coordinator* $11.00 -19.00 per hour Video Technician* $10.00 -18.00 per hour Water Safety Instructor (WSI) $7.50 -16.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Pond Overlook Public Improvements (2161 County Rd D), Project 07-08 1. Approve Resolution for Awarding Construction Contract DATE: August 23, 2007 INTRODUCTION Final plans and specifications for the Pond Overlook Public Improvements were approved by the city council on July 23 2007, and authorization was given to advertise for bids. Those bids were received and subsequently opened on Wednesday August 22 Background Contractor bids were received and publicly read aloud at 10:30 a.m., on Wednesday, August 22 2007. The following five bids were received: All bids have been checked and tabulated. The engineer's estimate for the project was $140,020.00. The low bid from Northdale Construction of $107,606.75 is about 23% less than the engineer's construction cost estimate. The city has worked successfully with Northdale Construction, Inc. in the past, most recently on the Cottagewood Public Improvements (Highwood Avenue). Budget Impact There would be no impact to the approved budget based on the above recommendation. The bid falls well within the approved construction cost estimate and similarly falls within the estimated construction costs established in the feasibility study. Furthermore the developer of the townhomes to front the new public street has posted a letter of credit in the amount of 125% of the total project costs. The letter of credit can be considered for released once the developer property has been successfully assessed. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Award of Bids for Pond Overlook Public Improvements (2161 County Road D), City Project 07-08. Attachments: 1. Resolution: Award of Bids 2. Location Map 3. Final Bid Tabulation Letter Contractor Total Bid 1) Northdale Construction $107,606.75 2) Burschville Construction, Inc $111,888.00 3) Jay Bros, Inc. $112,689.55 4) T.A. Schifsky & Sons, Inc. $117,352.50 5) Hennen Construction $117,845.00 6) Dave Perkins Contracting, Inc. $124,917.50 7) Geislinger & Sons $126,467.05 8) Northwest Asphalt $127,035.32 All bids have been checked and tabulated. The engineer's estimate for the project was $140,020.00. The low bid from Northdale Construction of $107,606.75 is about 23% less than the engineer's construction cost estimate. The city has worked successfully with Northdale Construction, Inc. in the past, most recently on the Cottagewood Public Improvements (Highwood Avenue). Budget Impact There would be no impact to the approved budget based on the above recommendation. The bid falls well within the approved construction cost estimate and similarly falls within the estimated construction costs established in the feasibility study. Furthermore the developer of the townhomes to front the new public street has posted a letter of credit in the amount of 125% of the total project costs. The letter of credit can be considered for released once the developer property has been successfully assessed. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Award of Bids for Pond Overlook Public Improvements (2161 County Road D), City Project 07-08. Attachments: 1. Resolution: Award of Bids 2. Location Map 3. Final Bid Tabulation Letter RESOLUTION AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Northdale Construction in the amount of $107,606.75 is the lowest responsible bid for the construction of Pond Overlook Public Improvements (2161 County Road D) —City Project 07-08, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 27 day of August 2007. EXHIBIT I iii Heijt�ts Park Playc rest Park 11 N August 23, 2007 City of Maplewood |8]0E. Co. Rd. l\ Maplewood, MN 55109 TlB: Maplewood, Minnesota Pond Overlook Public Citv Pro ioct No. O7-U8xCliczdNmx On Wednesday, August 22 bids were received for the jcuL Please find enclosed the bid tabulation detailing the results. The results are summarized below. Contractor Total Bid 1 Northdale Construction $107,606.75 2 Burschville Construction, Inc, $111,888.00 3 Jay Bros. Inc. $112,689.55 5 Herman Construction $117,845.00 6 Dave Perkins Cosntruction, Inc. $124,917.50 8 Northwest Asphalt $127,035.32 Engineer's Estimate $140,020.00 * Denotes mnectedfigure The low bid was submitted by Northdale Construction o{ Rogers, Minnesota, in the amount of $107 investigated the qualifications ofy4ordxloo Construction and find that they (l) have a sufficient understanding oithe project and equipment to perform the construction for which kbid; and (2) according to their bonding agent they presently have the financial ability to complete the project bid. SEH makes no representation or warranty as to the actual financial viability of the contractor or its ability to complete its work. Accordingly we recommend the project bc awarded kmNordhdub Construction io the amount nf $107,600.75. Chad E. Setterholm, PE Project Manager Enclosure nb Short Elliott Hendrickson /mc..zsusvaunais Center Drive, st. 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C,7 W J Z Z a a <t cc Q r w w z0 w m z M c N z a U co m Q J Q fn J O W W W O Q< z �' C Q U U W W 0 0 } W Z a d CL o O 0 0 I- 1- I- <�� W O U Z O W J >' E- z Q <{ z W LLI O v m W W U U Q Q W <C O O 5 X W W O O z Z � p J to J W W h I- H z z z_ 0 W M x U q d W z ~ y Q C �- z z W C0 U) Elf i- ° h U C3 LL v U- Q` ° 0r J CL t= - O U z Z Z z z tl1 co Cn Z O Z z Q U z H O° ° I __ m z O 0 0 0 0� Q Q <( w O O ry O� J �- O> o g <C s ° U U U U U Z U CU � cD U U i- � co to U) U) = O O p3 °' Z m O d d z o E a a m p m W M q U) C0 r- CO M O N CO It M CO h M d O N CO O 0. 2 c M CO M M CO M M� V b' V'T V d "t t V LO L U) I LO I h v O co CL Item L -1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk DATE: August 22, 2007 RE: Annual Lawful Gambling License — White Bear Avenue Business Association Introduction The White Bear Avenue Business Association is requesting approval of their annual premise permits for lawful gambling at the AMF Maplewood Bowl and The Dive Bar. Approval is requested of the following resolution. RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permits for lawful gambling is approved for the White Bear Avenue Business Association, to operate at AMF Maplewood Bowl located at 1955 English Street, and The Dive Bar located at 3035 White Bear Avenue, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that council approve the lawful gambling resolution application for the White Bear Avenue Business Association to operate at the AMF Maplewood Bowl and The Dive Bar. Item L-2 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, Citizen Service Manager DATE: August 22, 2007 RE: Owner/Manager Intoxicating Liquor License Introduction Dinh Yin Thong has submitted an application for an on-sale intoxicating liquor license to serve wine and strong beer at Bambu Asian Cuisine located at 1715 A Beam Avenue. Ms. Thong is the owner and will also be the license holder. Background Ms. Thong was born in Vietnam and came to the United States to live in St. Paul in 1992 and currently resides in Eden Prairie. Ms. Thong attended Highland Park High School and then Hamline University. After graduating from Hamline she began working in the mortgage business and works out of offices in Bloomington, Edina and Chaska. This is Ms. Thong's first experience in the restaurant and bar business. Sergeant Crotty contacted Ms. Thong's references which spoke highly of her and as required by City ordinances the necessary background investigation was completed by the Police Department. In the course of the investigation, state and federal criminal history files were checked along with contacts and warrants in the cities of Eden Prairie, St. Paul, Chaska, Bloomington, Edina and Maplewood and the counties of Hennepin, Carver and Ramsey. Ms. Thong has been given a copy of the City Code of Ordinances that applies to being an intoxicating liquor license holder and has met with Chief Thomalla personally to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Consideration It is recommended that the City Council approve the on-sale liquor license for the purpose of selling wine and strong beer to Ms. Thong. Item L-3 TO: Greg Copeland, City Manager FROM: Karen Guilfbile, City Clerk DATE: August 22, 2007 RE: Meeting to Canvass Primary Election Results The local Primary Election will be held on September 11, 2007. State Statute directs, on or before the second day after the election, the governing body of a city or a town conducting the primary election shall canvass the returns and declare the results of the election. It is requested that the city council call a special meeting to be held on Thursday, September 13, 2007 at 5:00 p.m. in council chambers for the purpose of canvassing the Primary Election results. Agenda Item L4 TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Kohi00an Lane Area Street Improvements, City Project 07-21; Resolution Ordering Preparation of Feasibility Study DATE: August 16.2007 INTRODUCTION/SU M MARY The Kohiman Lane Area Street Improvements, bounded by Little Canada to the north and County Road C to the south and Kohiman and Gervais Lakes to the east and west (see attached drawing), are listed in the Maplewood Capital Improvement Plan GS8 proposed project fVrth82UO8constnJ[1ionG98S0n.Th8citv council will consider initiating the project byapprovingtheatt8Chedn3S0|ution0nd8hngthepr8p8r8tioDof the feasibility study. Background The Kohiman Lane Area Streets have continued to deteriorate over the years with the streets having a current weighted average PC|| rating of21 (on 8scale from 1k)1U0). The streets in the rating, having 8 length of 0.65 miles, consist of Linden Lane, Kohiman Court, Beam Avenue, Meadowlark Lane, and KOh|nn8DLone. The Keller Parkway street section between Arcade Street and Kohiman Lane would not be included in the street reconstruction, only utility extensions. Utilities would be installed panS||8| to the street in the boulevard area. This project would COnSist Ofapproximately 0.86 miles of street reoDnstnuCtkon, including drainage and utility innpn]v8nl8ntS/8xt8nsk]ns.|tis necessary tVreconstruct these streets b} improve serviceability and drainage, meet city standards and relieve the maintenance department of repairs. Staff will initiate the project prOCeSSondf8GSbi|itvStudvbvsendiDgGDiDfOrmGtk}Dhstterthisnl0DthtOthS neighborhood residents. This fall the engineering department will begin topographic surveys and preliminary engineering studies 0f the project 8pe8. Staff will follow Up with neighborhood meetings 8Sthe feasibility study i3 being completed. |tis anticipated that the public hearing will b8 held late this fall. An0t-bJ-emc89d project budgetOf$3O.0OOvvOu|db8Rsb]b|ishedf0rth8p jRCtdeve|Opnlent,tOu0OnaphiC surveying, and preliminary engineering required for completing the feasibility study. Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Kohlman Lane Area Street Improvements, Project 07-21. Attachments: 1 Resolution 2. Location Map RESOLUTION WHEREAS, it is proposed to make improvements to the Kohiman Lane Area Streets, City Project 07-21 and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, - AOT!, TMEREFORE, BE IT RESOL" OF RIARLEITJnr-Gl� MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. Approved this 27th day of August 2007 COUNTY ROAD D COW Sunset HIGHRIDGE CT. Ridge cn Park LITTLE CANADA f -2 < c/) LYDIA LAE. � >- 1--: 1 cn 2 0 3 ry I-- cn BEAM AVE. < k -_j ry < C 0- KohIman Gervais Lake Lake X 61 / �� �� COUNTY ROAD C n Kohiman 0 Park F-� 0 C cn 3: cn 7 PALM I Manufactured vo I Co Housing . 01 CT 0 Estates P 7 - U cn F LU L� 2 0 Ali U ry 3 c� n < CONNOR 4 CON NOR AX/r- PROPOSED 2008 STREET IMPROVEMENTS NO SCALE KOHLMAN LANE AREA STREET IMPROVEMENTS MAPLEWOOD, MINNESOTA CITY PROJECT 07-21 Agenda Item L5 TO: Greg Copeland, City Manager FROM: Charles /\hi Public Works Director/City Engineer Jon j@[OSch ' Civil Engineer SUBJECT: Myrtle-Idaho Area Street Improvements, City Project 07-19; Resolution Ordering Preparation of Feasibility Study DATE: August 27.2007 INTRODUCTION/SU M MARY The Myrtle-Idaho Area Streets, bounded by Larpenteur Avenue to the north and Montana Avenue to the S0VLh /see attached dram»nni are listed in the Maplewood Capital |rnpr0v8rn8nL Plan as 8 pn}p0SRd project for the 20O8 construction season. The city council will consider initiating the project by8ppn]vingLh8 attached resolution ordering the preparation 0f the feasibility study. The Myrtle-Idaho Area Streets have continued tV deteriorate over the years with the streets having 8 current weighted average PC| rating Cf30.3 (on 8 scale from 1k}1OU\. The public works department continues to spend a considerable amount of time maintaining these streets by patching potholes in severe areas to sustain G [nininoUno |8v9| of service. This project vvoU|d consist 0fapproximately 0.74 miles of street reconstruction, including drainage and utility improvements. It is necessary to reconstruct these streets to improve serviceability and drainage, meet city St8nd8njS and relieve the maintenance department of continual repairs. The majority of streets in the area are without curb and gutter. Staff will initiate the project prOCeSSondf8GSbi|itvStudvbvsendiDgGDiDfOrmGtk}Dhstterthisnl0DthtOthS neighborhood residents. This fall, the engineering department will begin topographic surveys and preliminary engineering studies 0f the project 8pe8. Staff will follow Up with neighborhood meetings 8Sthe feasibility study i3 being completed. |tis anticipated that the public hearing will b8 held late this fall. AnVt-tO-exC8ed project UUdg9tof $30.0OU would b8 established for the project d9v9|Vpnlert.t0000n8phiC surveying, and preliminary engineering required for completing the feasibility study. Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Myrtle-Idaho Area Street Improvements, Project 07-19. Attachments: 1. weoomunn 2. Location Map RESOLUTION WHEREAS, it is proposed to make improvements to the Myrtle-Idaho Area Streets, City Project 07-19 and to assess the benefited properties for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount • $30,000 are appropriated to prepare this feasibility report. Approved this 27th day of August 2007 ry LEY z CD U 7 Hillside Park AVE. KINGSTON MGKNIGHT LN MONTANA W I-: n- u/ ry u NEE 0 0 �d m o� wrVIERTN Myrtle -Idaho Area Streets City Project 07 -19 Location Map L 3. 4 KNOLL L Agenda Item L6 TO: Greg Copeland, City Manager FROM: Charles /\hl. Public Works Director/City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Pond Avenue and Dorland Road Improvements, City Project 07_20, Resolution Ordering Preparation of Feasibility Study DATE: August 17 m ,2007 I NTRODU CTIONISU M MARY Pond Avenue and Dorland Road (see attached drawing) has been in the Maplewood Capital Improvement Plan Gs8 proposed project h]rUle 2OO8 construction season. The city council will consider initiating the project bv8ppnJvingLhH8U3Chedr8s0|ULionondRhngLh8prHp8n8tion0f the feasibility study. Background This project would tonsist of approximately 0.40 miles of street r8consLnJtU0n drainage and utility improvements. Uk5 necessary b] reconstruct these streets to improve serviceability and drainage, meet city standards and relieve the maintenance department Cf continual repairs. City staff uses several methods of evaluation to determine StRe9bS that are in need Of r9Q2Dst0CdOn. One of these methods is through the use of pavement condition index (PCI) ratings which evaluate the amount and severity of distress in existing pavements on81Lo1UOscale. The current average PC| rating for Pond Avenue and [)or|8nd Road inthis area iS41. Other field observations have indicated a need for remediation of several drainage structures and upgrades to existing storm water treatment measures. Staff will initiate the project process and feasibility study by sending an information letter this month tO the neighborhood residents. This summer the engineering department will begin topographic surveys and preliminary engineering studies of the project Gn8@. Staff will follow up with neighborhood meetings by early fall as the feasibility study is being completed. It is anticipated that the public hearing will be held in early fall. Budget Anot-to-8xce8d project bVdgHtof $3O would be established for the project development, topographic surveying, and preliminary engineering required to complete the feasibility study. Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the Pond Avenue and Dorland Road Improvement, City Project 07-20. Attachments: 1. m*oomuvn 2. Site Map RESOLUTION WHEREAS, it is proposed to make improvements to Pond Avenue and Dorland Road, City Project O7-20,8ndL08SS8GSLhHben8fitHdpnJpertvfor8Uor8portionCfLhe cost Cfthe improvement, pursuant Lo Minnesota Statutes, Chapter 429. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOO1 That the proposed improvement be referred to the city engineer for study and that he/she is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. Proposed Capital Improvement Plan for 2008 Pond Avenue and Dorland Road Improvements City Project 07 -20 0 Agenda Item L7 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Ch@rleS/\hl Public Works Director/City Engineer Michael Thompson, Civil Engineer 11 SUBJECT: Arkwright Utility Extension, Resolution Ordering Preparation of Feasibility Study DATE: /\UgU8t 17 2007 INTRODUCTION Donald K8oriS considering @ lot split Ofthe property 8t394 Lark Avenue E. Please see the attached location map which shows the existing sewer and water main. The city council will consider initiating the project bv8ppn]vingLh88UBchedr8Go|ULiVnVnd8hngLhepr8p8n8tion0f the feasibility study. Mr. K8ar has approached the city regarding a possible lot split 8t3S4 Lark Avenue Eand currently there is@ single family home On the site. {]n July 24"',2O07 the city received @petition request from Mr. K@@rtO conduct @ feasibility study for extending public utilities; namely sanitary sewer and water to service the possible lot split site. If the lot split were LO occur the newly created |0L vv0V|d front Arhwright Street which currently has no sanitary sewer 0rwater utilities. Staff will initiate the feasibility upon Council approval and staff will begin the feasibility process upon 8$2.UUO cash deposit bvMr. Ka8c Once the feasibility study is finalized, city staff would bring the study tn the Council for approval and calling for 8 public hearing. The feasibility study will |OOk into costs and funding for the extension Of water and sewer on Arkwright Street between Lark Avenue and Laurie Road. |t appears two additional lot splits could occur along this portion of street and should be studied for utility extensions also. A project budget Vf$2,0U0 would have bJbe provided bvthe petitioner, Mr. K8Gc City staff would not begin the feasibility of this project until the funds are posted by Mr. Kaar. Staff recommends that the city council approve the attached resolution ordering the preparation of the feasibility study for the extension of sanitary sewer and water on Arkwright Street between Lark Avenue and Laurie Road. Attachments: 1. Resolution 2. Location Map 3. Petition Letter RESOLUTION WHEREAS, it is proposed to make improvements to Arkwright Utility Extension between Lark Avenue and Laurie Road, City Project 07-22,@OdbJ8S383sthRbRnSfitRdpnJp8rtvforG]|0r a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOO1 That the proposed improvement be referred to the city engineer for study and that he is iOStnJCt8d t0 report t0the council with all convenient speed advising the council in G pPS|inniDGry way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost Cf the improvement 8srecommended. LOCATION MAP: 394 LARK AVENUE ARKVVRlr,HT 11T11 ITY FXTFN.qinN CITY PRnFrTn7-99 WATER MAIN TH 36 T T11CCANADA LAURIE RD E ------------------ - - SANITARY SEWER MAIN - ----------- ------------------------- 4no fi DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information foration and] data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. commercial SOURCES: Ramsey County (July 30, 2007), The Lawrence Group;July 30, 2007 for County parcel and property records data; July 2007 for commercial and re re LAURIE RD E ------------------ - - SANITARY SEWER MAIN - ----------- ------------------------- 4no fi DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information foration and] data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. commercial SOURCES: Ramsey County (July 30, 2007), The Lawrence Group;July 30, 2007 for County parcel and property records data; July 2007 for commercial and f _ a WU 5 CA N LT Ls CA 3 La CA. _ to 7 Ig I� F I� 4� !x Agenda Item L8 TO: Greg Copeland, City Manager FROM: Charles Ahl, Pubic Works Director/City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Mogren Street Improvements, City Project 06-17 1. Resolution ordering Preparation of Assessment Roll 2. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for October 81h 2007 DATE: August 16, 2007 On May 14 the city council awarded the Mogren Street Improvements to Frattalone Companies for $2,374,426.30. The next step in the improvement process is to order the preparation of the assessment roll and then to approve the assessment roll. After the assessment roll is approved, an assessment hearing should be scheduled for October 8 2007. I ME= Bruce Mogren is developing the former Countryview Golf Course site. As part of the development, improvements to Beam Avenue and a new north south roadway connecting Beam Avenue to County Road D are under construction. Frattalone Companies was awarded the bid and is currently constructing the improvements. Bruce Mogren entered into a developer's agreement with the city and has signed an assessment waiver for the roadway improvements. An assessment roll has been prepared and is attached. The assessment roll identifies assessing the properties a total of $2,500,000. An assessment hearing should be scheduled for October 8 2007 at 7:00 pm. Budget Impact The feasibility report identified assessing the developer $3,394,600. The assessment has been reduced due to the nearly $900,000 cost saving on construction costs. The engineer's estimate for the project was $3,250,000 and the low bid by Frattalone was $2,374,426.30. Therefore the assessment to the developer was reduced as well. No budget revisions are necessary at this time. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Mogren Street Improvements, City Project 06-17, Ordering the Preparation of the Assessment Roll, and Accepting Assessment Roll and Ordering Assessment Hearing. Attachments: 1. Resolution Ordering Preparation of Assessment Roll 2. Resolution Accepting Assessment Roll and Ordering Assessment Hearing 3. Location Map 4, Assessment Roll RESOLUTION ORDERING PREPARATION [)F ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Mogren Street Improvements, City Project 06-17. NOW, THEREFORE, BE|T RESOLVED BY THE CITY COUNCIL OFMAPLEVVOO[). MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece 0r parcel [f land abutting onthe streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared 8n assessment roll for the K8ogn8n Street Improvements, City Project 00-17.andthesaidoS3e3smentud|isOn U|8 in the office Vf the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF |NAPLEVVOO[). MINNESOTA: 1. A hearing shall m b8h8|donth88 day of October 20O7.ot the city hall otY:0Up.nn.tOpass upon such proposed assessment and at such time and place all persons owning property affected bysuch improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause 8notice 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 Ofthe improvement the area tob8 assessed, that the proposed assessment roll |s0n file with the clerk and city engineer and that written or oral objections will b8considered. VADNAIS HEIGH 11 s4 9. COTTAGE LANE LN. 10, COTTAGE LANE LN. 11. COTTAGE LANE LN. @COUNTY ROAD D Q I Sunset HIGHRIDGE CT. Ridge Park z Q ` I of " U to w =; I J LYDIAUAVE. Ic-n- w� E t1 � P BEAM AVE. 0 T COUNTY ROAD COUNTY ROAD D CT. }I u D CIR. 1 VILLAGE TR. D 61 Q !1 g CHAMBERLAIN ST. t J t 8 v_ 6. ! LEGACY Q� O MINGWAY T 8. COTTAGE LANE LN. Ir 7 5 I1 COUNTY ROAD D 10. f-1 u 11 WOODLYNN Legg acy AVE. S Vifloge GVLD ~ Pa rfk re R 1. SUMMIT CT. ST. JOHN'S 2. COUNTRYVI CIR. BLVD. 3. DULUTH tn Z ? i— o w f l BEAM FO I"ZZ Location / Kohlman Lake \\ w >z 11 KOHLMAN g AVE. W I; \ - COUNTY ! ;' ROAD p kohlman CIO Park S� rGIJ ± {t} J Manufactured p { ��1,�\ I O J V) 1 Housing s �/, t Q Z O Estates 7D! I �e -)W Z � v w 5 2 h ° aN : 3 CT co ii w 4 CON ,NOR 0 AVE. Z ,ION AVE.. ! pFz W 4r 3 1 - J O 113 U tb i Iw �� )OKS �' � J CT. -J Q � j l � Q -J AVE TANT GERVAIS AVE. �kwY no scale o = w Markham Q Pond ,\I X C) �- Z Q North Hazelwood (fit} Q w Park w m C , c� R Z I O 1 J i ii W Z_jj tYM= � I i I w GO ; DEMONT I AVE. m >-' IBROOK I; E F G AVE. Harvest C) Park 0� I M ,I JFour NT A � 0 GRANDVIEW AVE. `. i Project Location Mogren Street Improvement 00 -17 LUM-1i • • • • • ti tC C) U ui 0 Ix a. 0 z W vJ W U) Cl) co: r rP is 00 CD Ln r- 64 :: q CD 4 1-: (xi to 6 CW U' ) C a) CD (D "t CD t6 L6 C� N: Lr) 04 : 0) 0 oo CD M C4 Ln 0 04 V) 60-: 6cl: W, (a CD OD co CD co: 't (c) C\j CD Lr) r Lo 1 0 OD CO 0): r— CD , 11 U) 6 � � C\J: N ioo CD I CD cy) co Q llz 1-: mo ti C\I: cc) r- C14 cc) : (0:00: (D 0 CD LO: r— : N N r- M C It U C) CD o') cy") to :: � CD 4 6 Lr56 6 (z): a): CD: 0') CD C "t C-4 C:) CD I- to C): LO: 0) 0 (0::�::CO::L0 C5 0 in Vs: 6r): U9, (a I 't N is fl- 0 , t : : (b M m C5 co: Cf) : co CD 4:: 0) 0 m Cy): LO: CO: I In U c): CY) I- V) ua V) te 6 U tom- (0 CC) CD CD CD C) (=):: C) 5 C) :: C N C 64 C\J: CN N3 'N C , 4 : : N C N M:M lC Z C\I N : C C\4 cy) c) C) 0 C) En N ce): 0 0 0 : 0 : 6 ::—: 0 Knaak & Kantrud, P.A A T T O R N E Y S AT LAW OF COUNSEL: Tom Dailey Don Kohler MEMORANDUM DATE: 22 August 2007 TO: City Manager, Greg Copeland t H. Alan Kantrud hakantrud @klaw.us direct: 612.743 -4242 114 Qualified Neutral by the Minnesota State Bar Association RE: Complaint regarding Xcel & former Ramsey County Compost Site by Elizabeth Sletten In recent weeks a citizen of Maplewood has brought forward a complaint regarding the presence compost and compost-like materials at the Kohlman Lake substation site operated by Xcel Energy along County Road D. Specifically the complaint cites a debris pile and a separate area apparently dedicated to compost storage according to the assertions in the complaint. The same complainant has also been directing the City's attention to the former Ramsey County - operated compost site on Beam Avenue. I am attaching copies of the complaints for easy reference. While I can't speak for any other agency the complainant has contacted, I have attached my responses to the complaints as well as the response from the owner and operator of the site, Xcel Energy, regarding that particular issue. As you can see from the letter, Xcel has responded with an explanation as well as a commitment to action. In the City's case we are looking into what, if any, agreements or memos of understanding may exist with respect to the site. I would not regard this operation a public nuisance, and the planning staff has assured me that the site could be used in that way, but should have a permit to do so. So we may develop some agreement or insist upon a permit depending on what turns up. For over a year now the City has also been deluged with data requests from Ms. Sletten. The requests have required a single page response up to literally hundreds of e -mail communications between city staff and legal counsel. It should be noted that the City has taken numerous steps in an attempt to comply with Ms. Sletten's broad data requests. Specifically, hiring temporary staff to process the large amount of documentation requested to ensure that no private or confidential information was released. These MGDPA requests from the complainant have included a running complaint regarding the former Ramsey County Compost Site formerly located on Beam Avenue in Maplewood. The City's only participation in that site was the permitting of it for that use at that time at the request of Ramsey County. The site has not been used as a composting facility since June 12, 2000. (See the attached report for city staff and companion vote to terminate Conditional Use Permit in 2000.) It is also interesting to note that the previous City Attorney has indicated that the complainant did not raise any of these issues prior to last summer. The complainant has consistently maintained that the site is polluted with a variety of substances, even while in 2005 settling her legal claims against Ramsey County in which she made similar allegations. The current complaint alleges that long -dead trees ringing the wetland on the site died due to the pollution on the site. The City has answered the complaint by way of the City Naturalist's opinion that the condition is not unnatural and certainly not a nuisance; quite the contrary—the trees actually provide habitat for a diversity of creatures. The other consistent theme of the complaint and complaining is that the City is not taking the issue seriously or is somehow ignoring the matter altogether. It should be noted that the complainant has made, her complaint to the Minnesota Pollution Control Agency, (MPCA) asking that it make the appropriate inquiries. This is the proper procedure. Yet there are demands that extensive and expensive testing be done by the City on this parcel of private property. If the complainant desires to make a claim against the property owner private legal advice should be sought by Ms. Sletten for a more thorough analysis of the claims and remedies, if any. Determining and managing polluted sites is a task the Minnesota Legislature has assigned t, Zn to scientists and other qualified experts at the MPCA. The City of Maplewood utilizes the MPCA to assist us with the funding and cleanup of our public lands. The former Ramsey County compost site is on private land and the complainant signed a t, settlement agreement on her claims against Ramsey County in a suit where the City of Zn Maplewood was dismissed as a defendant in 1998; Ms. Sletten's relief lies with the MPCA and/or the courts, not with the City of Maplewood. July 26, 2007 SENT VIA U.S. MAIL AND FASCiLUME H. Alan Kantrud, Attorney at Law Greg Copeland, Manager Knaak & Kantrud, P.A. City of Maplewood 3500 Willow Lake Blvd., Suite 800 1830 County Road B East 'V'adnais Heights, Minnesota 55110 Maplewood, Minnesota 55109 Fax: 651 -490 -1580 Fax: 651- 249 -2009 Du'Wa�ne Konewko, Staff Liaison Tom Grundhoefer, General Counsel, Legal City of Maplewood League of Minnesota Cities Insurance Trust ( "LMCIT") 1830 County Road B East 145 University Avenue West Maplewood, Minnesota 55109 St. Paul, Minnesota 55103 Fax: 651 Fax: 651 Stanley S. Hubbard, Chairman and CE Iiubbard Broadcasting, Inc. ( "KSTP ") 3415 University Avenue St. Paul, Minnesota. 55114 Fax: 651 -642 -4103 Dear Mr. Kantrud, Mr. Copeland, Mr. Konewko, Mr. Grundhoefer, and Mr. Hubbard: In addition to my It tter dated :Iul� 23, 2007,1 am continuing to respond to Mr, Kantrud's letter dated July 12, 2007. Prior to the onset of the Maplewood City Council meeting on July 23, 2007, the City Manager, Greg Copeland approached me to discuss the "official environment report" in which Staff Liaison, DuWayne Konewko stated he had written during the July 10, 2007 Environmental and Natural Resources Commission meeting and furthermore retracted via telephone on July 23, 2007. asked Mr. Copeland "Is Adr. Soutter an official city employee? " Mr. Copeland stated "No, he is a contractor ". I further inquired, " Does Mr. Soutter have his own business ?" Mr. Copeland stated, '7 don't know". I am very concerned to have learned that not only is Chrristirte Soutter not an " City of Maplewood employee, but also that Mr. Copeland has no knowledge of Ms. Soutter's PT/TA gild L T9 0 000MA 1dVW TZ8T6LLT99T BT :OT LBOZILZ /L0 employment and educational background that should include Federal Environmental contamination rules, laws, regulations and policies. Mr. Copeland should have received this information directly from Maplewood Staff Liaison, DuWayne Konewko prior to approaching me. Additionally, Ms. Soutter, the "N6turalrst/7'ree Inspector" from the "Maplewood Nature Center" wrote an "official environmental report" on City of Maplewood letterhead. This action by Ms. Soutter is fraudulent dine to the fact that she is an independent contractor and is representing herself as an "official city" employee. Apparently, Ms. Soutter did not complete and/or further conduct any "Wetlands Health Chart" cued functions and values assessments of the area, Mr. Kantrud in your July 12, 2007 letter, one of the areas in which you specifically mentioned was in respect to the "trees you reference are not and will not be interrupting any public services or utilities in their current condition either. Were that the case the utility companies already have the authority to enter upon the premises and correct the problem." To your own admission, you state that the "Beam Avenue Compost Site" is a'publiepremises". Within the official city documentation, the "Beare Avenue Compost Site " closed in .tune 2000. In 1994, Ramsey County conducted a water quality "Summary Report" (see partial test results, attachment #1). Will& Ramsey County's own report they found Federal chemicals which were banned in the 1970's. Within the "official report" prepared by Ms. Soutter, there was no testing of these Federal chemicals conducted. As the U.S. Department of Justice, Environmental and Natural Resources Division has been specifically aware of this issue since 1998, they have not received any other factual evidence from our previous legal representatives (see attachment #2) that we are aware of. However, as Mr. Mariani, Jr. clearly stated within his letter "we would be prepared to review sash data ". EVZO 3Jdd LT90 QOOM31dVW TZGIGLLT99T OT:OT L00ZILZILO In conclusion, when trees are dead, trees are dead! There is a scientific reason these trees are dead. This is not a "seasonal wetland complex classification" and therefore pursuant to the City of Maplewood's Code, the city is not exempt and furthermore the §18.31(8) exemption for wetlands does not apply. The City of Maplewood is continuing to blatantly and disrespectfully ignore the Citizens' of Maplewood that have been bringing forth factual information to the City of Maplewood regarding the "Beam Avenue Compost Site " since the 1980 At what time will the Citizens' of Maplewood who's personal and private properties, homesteads personal injuries, and livelihood receive their due rights and process? During the Maplewood City Council meeting on July 23, 2007, the City clearly admitted to mailing an ordinance/zoning "mistake" and immediately stated "on the record" that they are going to reimburse expeditiously the Keller Lake Convenience Store located at 2229 Maplewood Drive, Maplewood, Minnesota 55109 for their propane tank within the next "90 days" This "mistake" was brought on by City Staff Planner, Ken Robert's 2006 personal decision that allowed the Keller Lake Convenience Store to illegally place the propane tank on his business premises in the first place. This continued "selective" process in which the City of Maplewood has been conducting their "official city business" needs to cease immediately. There are a multiplicity of "mistakes that have occurred because of the previous council's "blind eye" to the problems of the Compost Site. The City of Maplewood has "inherited" these problems, and MUST resolve the significant health hazard that the Compost Site is to the people of Maplewood. The "Beam }Avenue Cwrapost Site " problems have not been resolved. There is evidence that Agent Orange, Silvex and other heavy chemicals are still present at the site. Nothing has been 3 E1/60 Dovd LT90 QOOMA TZ8TGLLT99T OT:oT L00Z /LZ /L0 done to remove these chemicals from the site, and these chemicals continue to pose a considerable health hazard to the Citizens. Today after personally speaking to the Maplewood City Manager, Mr. Copeland via telephone and in person, I am officially requesting the following; 1. Detailed expenditure report of all expenses that have been paid to Ms. Soutter for her services provided to the City of Maplewood. 2. All specific /detailed testing in which I inquired in my letter dated July 23, 2007 of the "Beam Avenue Compost Site " 'be conducted immediately. 3. An official, recorded meeting with Greg Copeland, City of Maplewood Manager, H. Alan Kantrud, Legal Counsel for the City of Maplewood; Stanley S. Hubbard, Chairman and CEO, Hubbard Broadcasting, Inc. ( "KST "); Elizabeth Sletten and Ralph and Veronica Sletten, to take place after all test results have been produced , to all of the mentioned parties above. However, this meeting should not be scheduled later than August 31, 2007, 4. A plan of action that the governing body of the City of Maplewood will be taking to remove the hazardous chemicals from the "Beam Avenue Compost Site ". Please respond on or before August 3, 2007, Additionally, please note that my address is current on my original letter dated June 29, 2007 and as listed below. Very truly, r Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, Minnesota 55109 Tel: 763 - 7832473 or 651 -484 -7074 elizabeth007(comcast.net Attachment(s) Cc; Maplewood Ci!y Council Members (vio hand delivery) Mayor Diana Longrie Rebecca Cave, Council Member Erik Hjelle, Council Member Kathleen Juener ann, Council Member Will Rossbach, Council Member 4 PT /bA - AL)VrI LT90 G00M3 TZBT5L1T99T OT :OT LOOZILZILO Environmental and Natural Resources Commission Members (via hand delivery) James Beardsley Margaret Behrens Carole Lynne Carol Mason Sherrill John Mason Tom Moibi Ginny Yingling 5 PT /cn -4r,ti,4 / T90 GODM I�ddW ZZ8TGLLT99Z 0T :OT L00Z /LZ /LB OFFICIAL NOTICE - DATED MATERIAL August 5, 2007 Xcel Energy Inc. Excel Energy Paul J. Bonavia, President - Utilities Group Michael C. Connelly, VP and General Counsel 414 Nicollet Mall Minneapolis, Minnesota 55401 -1993 City of Maplewood Greg Copeland, Manager Ken Roberts, Planner Chuck Ahl, Director Public Works /City Engineer DuWayne Konewko, Staff Liaison Michael Samuelson, Code Enforcement Officer Molly Wellens, Health Officer 1830 County Road B East Maplewood, Minnesota 55109 Saint Paul- Ramsey County Department of Public Health Zack Hansen, Environmental Health Section Manager Mike Crider, Community Environmental Health Environmental Health Section 2785 White Bear Avenue North, Suite 350 Maplewood, Minnesota 55109 -1320 SENT VIA U.S. MAIL, FASCIMILE AND / OR HAND DELIVERY H. Alan Kantrud, Attorney at Law Knaak & Kantrud, P.A. 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, Minnesota 55110 MN Pollution Control Agency (MPCA) Roberta Wirth, Solid Waste Division Geoffrey Strack, Solid Waste Division Stephen Mikkelson, Information Officer 520 Lafayette Road St. Paul, Minnesota 55155 -4194 US EPA Region 5 Office of the Regional Hearing Clerk Attn.: Sonja Brooks - Woodard 77 W. Jackson Blvd., Mailcode: E -13J Chicago, IL 60604 -3590 Fax: 312 -886 -9697 Re: Formal Notice — Complaint/Investigation and Meeting Request(s) XcelEnergy Kohlman Lake Substation 3070 Maplewood Drive Maplewood, Minnesota 55109 Dear Mr. Bonavia, Mr. Connelly, Mr. Copeland, Mr. Roberts, Mr. Ahl, Mr. Konewko, Mr. Samuelson, Ms. Wellens, Mr. Kantrud, Mr. Hansen, Mr. Crider, Ms. Wirth, Mr. Struck, Mr. Mikkelson, and Ms. Brooks - Woodard: Since early spring 2007, there has been a strong odor that has been coming from the north/northeast direction of our homes. Due to the hot summer days this putrid odor has substantially intensified. After `following our noses" we located where this putrid odor is admitting from. On August 2, 2007, after driving west and east on County Road D from both Highway 61 and Hazelwood, in plain view you can clearly see oversized piles of decomposing materials from the XcelEnergy, Kohlman Lake Substation ( "Kohlman Lake Substation ") (see photographs, attachment(s) #1 -7). As numerous local, state and federal agencies are aware, the risks posed to the public and environment whether the actions /conduct has been an isolated incident or part of a pattern of violations Excel Energy is currently violating each agencies rules, regulations, ordinances and policies. This "Kohlman Lake Substation" is known as "a very important piece of infrastructure for electrical utilities in the NE metropolitan area ", t 2 3 a I am very concerned to not only have become aware that the City of Maplewood does not have any documentation of this, but they completely ignored this major issue while on the "City Tour" on Monday, July 30, 2007, the City of Maplewood Planning Commission, City Council, the HRA, the CDRB, the Environmental and Natural Resources Commission, the Historical Preservation Commission and staff liaisons drove right past this illegal activity 5 (see attachment #8). It is clear that XcelEnergy has made a conscious decision to start an illegal /private composting/trash operation/facility at there ( "Kohlman Lake Substation "). 1 See January 2003 - Environmental Assessment Worksheet Prepared by: URS Corporation for the County Road D Realignment Project in Maplewood, Minnesota. Responsible Governmental Unit: City of Maplewood. Proposer: City of Maplewood. 'See City Council Minutes for Wednesday, November 12, 2003 — City Council of the City of White Bear Lake, Minnesota. 3 See City Council Minutes for Tuesday, April 27, 2004 — City Council of the City of White Bear Lake, Minnesota. 4 See Official City of Maplewood "Minutes ", Maplewood City Council for Monday, July 11, 2005 — Meeting No. 05 -13 5 No. 26 -- "New County Road D (Highway 61 to Hazelwood Street) The city in 2006, in cooperation with Ramsey County and MnDOT, built a new County Road D from Hazelwood Street to Highway 6 1." In conclusion, XcelEnergy and The City of Maplewood arc bluntly and disrespectfully ignore the Citizens' of Maplewood. At what time are business owners /staff and The City of Maplewood Officials) /staff going to be held responsibly for their wrong doings. According to the "CODE OF ORDINANCES, City of Maplewood, Minnesota, ARTICLE II. NUISANCES ", 678 910 Excel Energy and The City of Maplewood are in direct violation of these codes and other rules, regulations, policies and laws and therefore need to be held accountable for their actions and inactions. 6 Division 1., Sec. 18 -26., "Unlawful to cause, create or commit. ": " (a) It shall be unlawful for any person in the city to commit, cause or create a public nuisance or to permit any public nuisance to be created orplaced upon or to remain upon any premises in the city owned or occupied by him. (b) Each day that any violation of subsection (a) of this section continues shall constitute a separate violation. " (Code 1982, § 19 -1) 7 Division 1., Sec. 18 -27., "Common law and statutory nuisances adopted by reference. ": "In addition to what may be declared in this article to be nuisances and how the nuisances may be removed, abated or prevented, those offenses which are known to the common law of the land and the statutes of the state as nuisances are hereby adopted by reference to be nuisances for the purposes of this article and may, f they exist within the city limits, be treated as such and proceeded against as provided in this article or in accordance with any other applicable law. " (Code 1982, § 19 -2) $ Sec. 18 -30. "Public nuisances generally. "A public nuisance is a thing, act or use ofproperty which shall ": "(1) Annoy, injure or endanger the health, safety, comfort or repose of the public; (2) Offend public decency; (3) Unlawfully interfere with the use of or obstruct or tend to obstruct or render dangerous for passage a public waster, park, square, street, alley or highway, (4) Depreciate the value of the property of the inhabitants of the city or of a considerable number thereof, or (S) In any way render the inhabitants of the city or a considerable number thereof insecure in life or in use of property. " ( Code 1982, § 19 -6) s Sec. 18 -31. "Nuisances affecting health, safety, comfort or repose. ": (8) All noxious weeds. Noxious weeds shall be as defined by the state department of agriculture. Tall grasses and other rank growths that are adversely affecting the public health, safety, welfare, comfort or repose shall also be considered a public nuisance. Wetlands and public open space, such as parks, nature centers or county open space, are exempted from the tall grass part of this subsection. The noxious weed requirements shall apply. The environmental health officer shall interpret and enforce this subsection, subject to an appeal to the city council; (9) Throwing, dumping or depositing any dead animals, manure, garbage, decaying matter, ashes, rubbish, tin cans or other putrescent material of any kind on public or private property which is not designated as a public dump; " 10 *State law references — Definition of the Term "nuisance," Minn. Stats. § 561.01; public nuisances, Minn. Stats. § 609.74; power of the city to regulate, prevent and to abate nuisances, Minn. Stats. §§ 145.22, 145.23, 412.221, subd. 23, 429.021, subd. 1(8). 3 I am officially noticing and requesting from all parties addressed above the following to be implemented immediately and expeditiously in the following order(s): 1. Official notification to the requestor /signee of all immediate personnel /agency assessments of the area to be completed on or before Tuesday, August 7, 2007. 2. Official notification from the MPCA of an Administrative Penalty Orders ( "APO ") to the following parties: a. ExcelEnergy; b. The City of Maplewood; and c. Ramsey County 3. Official notification from the MPCA of a Stipulation Agreement(s) (STIPs) to the following parties: a. ExcelEnergy; b. City of Maplewood; and c. Ramsey County 4. Official notification from the EPA's Criminal 11 Investigation Division (EPA CID) to the following parties below of the (OECA) , (EPCRA) 12 , ( FOIA) 33 (PPA) 14 , ( SDWA) 15, (RCRA) 16, (CERCLA) 17 and (ESA) 18 , however if the EPA finds other /additional violations and "Acts ", the below parties shall be noticeD immediately as deemed appropriate: a. ExcelEnergy; b. The City of Maplewood; and c. Ramsey County 5. Detailed testing of the environment/composting piles which should include but not be limited to: a. Environmental Assessment Worksheet; b, air quality; c. ground and surface water; and d, soil sampling 6. Notification to all residence(s) and business(es) within a 5 mile radius which include(s) and not limited to: a. admission of the illegal composting and nuisance activities; b. health and wellness surveys to be completed by each individual resident(s) /worker(s) 11 Office of Enforcement and Compliance Assurance (OECA) — Region 5. 12 The Emergency Planning & Community Right -to -Know Act (EPCRA); 42 U.S.C. 1 1011 et seq. (1986) 13 Freedom of Information Act (FOIA); 5 U.S.C. 552 and at 40 C.F.R. Part 2, FOIA 14 Pollution Prevention Act (PPA) — 42 U.S.C. 13101 and 13102, s/s et seq. (1990) " The Safe Drinking Water Act (SDWA); 42 U.S.C, sls 300f et seq. (1974) 16 Resource conservation and Recovery Act (RCRA); 42 U.S.C. s/s 321 et seq. (1976) " Comprehensive Environmental Response, compensation, and Liability Act (CERCLA or Super€und); 42 U.S.C. s/s 9601 et seq. (1980) la The Endangered Species Act (ESA); 7 U.S.C. 136; 16 U.S.C. 460 ct seq. (1973) 4 c. Detailed action plan(s) in which each of the addresses will be taking to resolve this matter expeditiously. d. Notification of any and all ( "APO "), ( "STIPs ") and/or other formal agreement(s), which are enforced within a 30 day period and /or between all parties. 7. Immediate removal of all decomposing materials, compost, wood, vegetative plant materials, garbage which includes: metal, plastic and other trash. S. An " Official Special Meeting" located at the City of Maplewood for all residence(s) and worker(s) which should include the following agencies and official materials: a. Representative(s) from each agency including: i. Xcel Energy; ii. City of Maplewood; iii. Ramsey County Department of Public Health — Environmental Health Section; iv. Environmental Protection Agency ( "EPA "); and v. Minnesota Pollution Control Agency ( "MPCA "). b. Copies — all detailed test results for distribution: i. Test results should be mailed to each individual on or before August 27, 2007. c. Copies — all detailed computations of health and wellness surveys: i. Test results should be mailed to each individual on or before August 27, 2007. d. Copies of all detailed ( "APO ") Order(s) e. Copies of all detailed ( "STIPs ") Order(s) f. Dated "Action Plan" in which each residents) /worker(s) within the 5 mile radius will be compensated for the following below: i. Medical expenditures; ii. Nuisance; and iii. Any personal investigation/research and other expenditures. This meeting should take place after all test results have been produced to all the mentioned parties, residence(s) and worker(s). However, not to exceed September 10, 2007. Very truly, Elizabeth A. Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 Tel: 753783 -2473 or 651- 484.7074 el izabeth007L&conmcast.net Attachment(s) Cc: Torn Grundhoefer, General Counsel, Legal League of Minnesota Cities Insurance Trust ( "LMCIT") 145 University Avenue West St. Paul, Minnesota 55103 5 Michele Bachmann, U.S. Representative, 6ch District Betty McCollum, Congresswoman, 0 District Charles W. Wiger, Senator, District 55 Maplewood City Council Members (via hand delivery) Mayor Diana Longrie Rebecca Cave, Council Member Erik Hjelle, Council Member Kathleen Juenemann, Council Member Will Rossbach, Council Member Environmental and Natural Resources Commission Members (via hand delivery) James Beardsley Margaret Behrens Carole Lynne Carol Mason Sherrill John Mason Tom Moibi Ginny Yingling ,rssioners (via hand delivery) Ramsey _ Count _ oar o omm ssio___ Tony Bennett, Chair, District 1 Jan Parker, District 2 Janice Rettman, District 3 Toni Carter, District 4 Rafael Ortega, District 5 Jinn McDonough, District 6 Victoria Reinhardt, District 7 6 xc August 9, 2007 VIA CERTIFIED MAIL Elizabeth A. Sletten 2747 North Clarence Street Maplewood, MN 55109 Re: Kohlman Lake Substation Dear Ms. Sletten: Lauren C. Buehler- Assistant General Counsel 922517th Street, Suite 900 Denver, CO 80202 -5533 Phone: 303.294.2972 Fax: 303.294.2988 s This letter is written in response to your letter, dated August 5, 2007, regarding the odor allegedly emanating from Xcel Energy's Kohlman Lake Substation. Your letter states that there are "oversized piles of decomposing materials" on the substation property, and that Xcel Energy is operating an illegal composting /trash facility, which has allegedly created a nuisance in violation of a variety of City Ordinances. Xcel Energy takes its responsibility as an environmental steward and good corporate citizen very seriously. Immediately upon receiving your letter, we investigated the substation property. We noted demolition debris, bags of grass clippings, and broken cable spools along the road bordering the substation property to the north. This debris is shown in the photographs included as Attachments 6 and 7 to your letter. Xcel Energy, however, did not generate this debris. The demolition debris appears to be from a home remodeling project. In addition, we have an established program to recycle or scrap our cable spools and we do not dispose of spools on property surrounding the substation. Moreover, the substantial majority of the debris is not even located on Xcel Energy's property. As such, we have no legal obligation to remove the debris. However, as a member of the Maplewood community, we feel it is incumbent upon all of us to help keep the City clean. In this instance, therefore, we will remove the debris and dispose of it in a properly approved landfill. Please note that by doing so, however, we are not accepting any type of ongoing obligation to remove debris along the road. There is also a legally permitted wood chipping operation on the substation property, which includes two piles of wood chips. One of the piles of wood chips is visible in the photograph included as Attachment 4 to your letter. The City of Maplewood approved the wood chipping operation in 1994. The wood chips are not decomposing, nor do they emit any odor, other than the smell of freshly chipped wood. The wood chip piles are removed every 2 -3 months; the last piles were removed in June 2007. Our investigation has concluded that Xcel Energy is neither operating any type of illegal trash facility nor creating a public nuisance. We are not legally responsible for the debris located along the road. In addition, the two wood chip piles that are on our property are permitted and approved by the City of Maplewood. In short, the substation property is not the source of the "putrid odor" coming from the north/northeast of your home. f Elizabeth A. Sletten Kohhnan Lake Substation August 9, 2007 Page 2 Thank you for bringing this matter to our attention. V y truly yours, r auren C. Buehler cc: City of Maplewood Greg Copeland, Manager Ken Roberts, Planner Chuck Ahl, Directory Public Works DuWayne Konewko, Staff Liaison Michael Samuelson, Code Enforcement Molly Wellens, Health Officer Saint Paul -- Ramsey County Department of Public Health Zack Hansen, Environmental Health Section Manager Mike Crider, Community Environmental Health Manager H. Alan Kantrud, Esq. Minnesota Pollution Control Agency Roberta Wirth, Solid Waste Division Geoffrey Strack, Solid Waste Division Stephen Mikkelson, Information Officer U.S. Environmental Protection Agency, Region 5 Sonja Brooks- Woodard Maplewood City Council Mayor Diana Longric Rebecca Cave, Council Member Erik Hjelle, Council Member Kathleen Juenemann, Council Member Will Rossbach, Council Member Environmental & Natural Resources Commission James Beardsley Margaret Behrens Carole Lynne Carol Mason Sherrill John Mason Tom Moibi Ginny Yingling Ramsey County Board of Commissioners Tony Bennett, Chairman District 1 Jan Parker, District 2 Janice Rettman, District 3 Toni Carter, District 4 Rafael Ortega, District 5 Jim McDonough, District b Victoria Reinhardt, District 7 U.S. Representative Michele Bachmann Congresswoman Betty McCollum Senator Charles W. Wiger Tom Gundhoefer, General Counsel KNAAK & KANTRUD, P.A. Attorneys at Law Frederic W. Knaak *_ H. Alan Kantrud ** Greg T. Kryzer** *Also Licensed in Wisconsin & Colorado *Qualified neutral under Rule 114 of the Minnesota General Rules of .practice 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, MN 55110 Telephone: (651) 490 -9078 Facsimile: (651)•490 -1580 Of Counsel Donald W. Kohler Joseph B. Marshall Thomas M. Dailey, P.A. Theodore M. "Ted" Thompson 10 August 2007 Ms. Elizabeth Sletten . 2747 North Clarence Street_ Maplewood, MN 55109 RE. Correspondence of June 26, 2007 regarding trees in wetland complex Dear Ms. Sletten: You recently delivered correspondence to the City that continued to voice your concerns regarding the trees located on the KSTP property. along Beam Avenue as well as your concern over the credentials of the City's naturalist, Ms. Soutter. I can assure you that Ms. Soutter has the necessary credentials to perform her role as a naturalist for the City. Ms. Soutter has a college degree in Biological Sciences and a Masters in Botany. In addition she is certified by the Minnesota Department of Agriculture as a, "tree inspector." In terms of training for some of the legal and regulatory standards you reference, I do not believe her job entails any interaction with those on a day to day basis and therefore the City would not require her to have such training/knowledge. With respect to your request that the City undertake further study and inquiry on the site itself I can only tell you that the property is the subject of litigation of which you are very familiar with. With respect to your on -going concerns regarding the trees in the wetland complex you refer to as a, "compost site," I have already written to you that, under the Maplewood City Code, it is not my interpretation that these trees constitute a nuisance and directed you to the § 18.348) exemption fdr wetlands. It is still my opinion that the area you are concerned about would clearly fall into at least a, "seasonal wetland," complex classification and thus be exempt per our Code. In fact, you have included with your correspondence a copy of material derived from city files — a so -called summary report of the 1994 water quality monitoring efforts undertaken by Ramsey County. On page one of that report, in the; "site information," portion, the County describes the compost site as being adjacent to a, "partially-drained/ditched palustrine emergent wetland with water regime temporarily flooded." 5letten Correspondence August. 10, 200T Page 2 This supports my proposition that the trees you refer to are, in fact, part of a seasonal wetland and I therefore continue to assert my previous position regarding the situate of the trees and the areas general, "exempt," status under our City Code. And to correct your assertion in your. correspondence, ..l don't believe I ever regarded the City as being, "exempt," as you write on page three of your July 26 2007 letter, I indicated that ' l regarded the site as being exempt for that purpose. Your other concern, as indicated in you August 5, 2007 correspondence, is over a property owned by Xcel that has some debris and other materials on it. The City has been in contact with Xcel and is investigating your complaint. When our inquiry is complete you will be informed of What we discover. Yours very truly, L H Oeod ntrud ' �, City Attorney Eno cc: Greg Copeland City Council Tom Grundhoefer DuWayne Konewko Chris Soutter Environmental & Natural Resources Commission Stanley Hubbard Pierre Regnier MEMORANDUM TO: City Manager FROM: Community Development Director SUBJECT Conditional Use Permit -- Yard Waste Transfer Site LOCATION: Beam Avenue, west of Hazelwood Street DATE: May 22, 2000 INTRODUCTION City staff recently received a petition requesting that the city council hold a public information hearing about the conditional use permit (CUP) for the Ramsey County yard waste transfer site. (See the petition on page three.) This site is on Beam Avenue, west of Hazelwood Street. BACKGROUND May 9, 1994: The city council reviewed and amended the CUP for the Ramsey County compost site. August 8, 1994: The city council accepted a report from the county about the compost site. The council directed the county to continue researching conditions and techniques for compost site operations. August 14, 1995: The city council extended the CUP for one year and amended Condition 14 to require that the county submit a status report to the city on a yearly basis regarding the compost site. August 9, 1996: The city council reviewed the permit and listened to neighborhood residents' concerns with the compost site. A motion was made and seconded to reduce the size of the compost to 10,000 cubic yards. This motion resulted in a split vote -2 nays and 2 ayes (Mayor Bastian was absent). The council then tabled this item for two weeks to allow for full council consideration. On October 14, 1996, the city approved a revision to the conditional use permit for the Ramsey County Compost Site, making the site subject to 17 conditions. The conditions of this approval included not allowing composting or yard waste management on the site after the spring of 1997 and allowing the County to make some improvements to the site. (See the minutes starting on page 4.) These changes made the operation only a yard waste transfer site, not a compost site. At the November 13, 1998, city council meeting, Mr. Bob Zick spoke under the visitor presentation part of the meeting about the Ramsey County Compost Site. He had several concerns about possible violations at the site. After Mr. Zick spoke, staff reviewed the procedures and conditions of operation for the yard waste site and found that there were no violations at the site. On December 27, 1999, the city council again considered a review of the Ramsey County Yard Waste transfer site. At that meeting, the mayor made a motion to set a public hearing to review or possibly change the CUP for the site, but the motion died for a lack of a second. As such, the council took no action on the site. DISCUSSION Site Operations It was a relatively quiet year in 1999 for the yard waste transfer site on Beam Avenue. City staff received one complaint late last summer about inadequate collections of grass clippings. The complainant indicated that the County's hauler was not picking up materials the required three times a week. Staff checked out the complaint and found that the hauler had made a determination not to pick up all three days because there was not enough material at the site to make a full truck load. According to the County, this happened five times in the months of June, July and August. After Ramsey county officials found out about this, they notified the hauler to make the required pick ups regardless of the amount of material on the site or the cost to the County. It is the understanding of staff that the county has resolved this operational issue. City staff did not see this complaint meeting our standards for initiating enforcement of a violation. Staff saw this as a fiscal and fairness issue between maintaining a public facility that benefits the overall community, against the fact that the amount of yard waste found at the site was so insignificant that it would be a waste of city and county resources to pursue this further. With the exception of the above - mentioned incident, the County is meeting all the conditions that the city set for the site in 1996. Neither the city staff nor county staff is proposing any changes to the site or to the site operation. In July 1999, the Saint Paul- Ramsey County Department of Public Health sent a letter to Maplewood residents explaining some of the history and recent activities of the Beam Avenue yard waste site. I have included a copy of their letter (starting on page seven) for your information. This letter acknowledges that several nearby residents have sued Ramsey County. This lawsuit against the County is proceeding, however, the suit against Maplewood has been dismissed. (See the article from the October 1999 Minnesota Cities magazine on page 11.) RECOMMENDATION Review the conditional use permit (CUP) for the Ramsey County Yard Waste Site on Beam Avenue and direct staff to work with Ramsey County to make changes to the site or to the site operations as the council deems necessary. p:sec3lcom post4. mem Attachments: 1. Neighbors Petition 2, 10 -14 -96 Council minutes 3. 7 -22 -99 Health Department letter 4. October 1999 Minnesota Cities magazine, page 18 H. PUBLIC HEARINGS: 1. 7:00 P.M. (7:05) Ramsey County Yard Waste Transfer Site Conditional Use Permit Review (Beam Avenue) a. Mayor Cardinal convened the meeting for a public hearing. b. Community Development Director Coleman presented the specifics of the report. c. City Attorney Kelly explained the procedure for public hearings. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Zack Hansen, Goodhue County, Applicant Ron Brzinski, 1358 Kohlman Avenue Greg Bleaser, 2670 Barclay Street Rita Blaeser, 2670 Barclay Street Tim Wilson, 2664 Barclay Street Mark Pick Peich, 2676 Barclay Street Dave Mozs, 2658 Barclay Street Rita Blaeser, second appearance Ron Brzinski, second appearance Greg Blaeser, second appearance f Mayor Cardinal closed the public hearing. Mayor Cardinal moved to terminate, effective immediately, the conditional use permit for the Ramsey County Yard Waste Transfer Site on Beam Avenue for the following reasons: past operational problems including the removal of materials, proximity to a hospital and health clinics, proximity to wetland, potential pollution in pond, health concerns of nearby residents and inadequate buffer zone distance between residents and the facili1y. Seconded by Councilmember Collins Ayes - Mayor Cardinal, Councilmembers Collins and Allenspach Nays - Councilmembers Koppen and Wasiiuk 2, 7:10 P.M. Mogren Brothers Landscaping Conditional Use Permit Reconsideration (Behind (West of) 2599 White Bear Avenue) This item was removed from the Agenda at the applicant's request. `1 - ZC.)O Gt7 CD C /!] IVU7�S