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HomeMy WebLinkAbout2006 01-23 City Council Packet6:00 p.m. CouncillManager Workshop A. CALL TO ORDER AMENDED AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 23, 2006 Council Chambers, City Hall Meeting No. 06 -02 B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. 1 then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Re -vote on the Approval of Minutes from the December 12, 2005 City Council Meeting 2. Minutes from the January 09, 2006 Council /Manager Workshop 3. Minutes from the January 09, 2006 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS Resolution of Appreciation — Diana Longrie H. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Maplewood Fire Relief Association Bylaw Addition —Item pulled 01 -18 -06 3. Annual Renewal of Intoxicating Liquor License – On Sale 4. Annual Renewal of Intoxicating Liquor License – Off Sale 5. Temporary Gambling – Carver Elementary Parent Teacher Organization 6. Temporary Liquor – Prom Management Group at Keller Golf Course Clubhouse 7. Temporary Liquor – Church of the Presentation of the Blessed Virgin Mary /January 14, 2006 8. Temporary Liquor – Church of the Presentation of the Blessed Virgin Mary /February 11, 2006 9. Conditional Use Permit Review – Kline Nissan (3090 Highway 61 North) 10. Change of Use Deed (Southeast corner of County Road B and Mississippi Street) 11. 2006 Pay Equity Implementation Report 12. Approve Purchase of Single -Axle Plow Truck 13. County Road D Realignment East, Southlawn to Hwy 61 – City Project 02 -07 -- Resolution for Modification of Existing Construction Contract, Change Order Nos. 17 and 18 Amended 01 -19 -06 H. CONSENT AGENDA (continued) 14. Resolution for Adoption of 2006 Public Works Permit Fees 15. County Road D Realignment East, Southlawn to Hwy 61 — City Project 02 -07 -- Resolution Ratifying and Confirming Sale of Trail Property and Easements to Ramsey County 16. Closure of Hazelwood Properties Tax Abatement District Fund 17. Transfers from Tax Increment Funds 18. Resolution Appointing Election Judges for Special Election February 28, 2006 -Item added 01 -19 -06 1. PUBLIC HEARINGS 7:00 p.m. Independent School District No. 622 — Review and Discussion of Bus Garage Proposal for TH 5 and TH 120 Property Owned by MnDOT — City Project 03 -20 J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. Campaign Policy 2. 2006 Appointment — Historical Preservation Commission 3. 2006 St. Paul Water Board (2 Years) -Item added 01 -19 -06 L. NEW BUSINESS 1. Change of Manager — Intoxicating Liquor License — The Myth — Jeff Kehr 2. Special Construction Agreement (Edgehill Road, south of County Road C) 3. Ashley Furniture Design Condition Appeal (1770 County Road D) 4. Conditional Use Permit Review — Mapletree Group Home (2831 Southlawn Drive) 5. Letter from Jill Clark -Item added 01 -19 -06 M. COUNCIL PRESENTATIONS Councilmember Hjelle Requests N. ADMINISTRATIVE PRESENTATIONS Newsletter Schedule -Item added 01 -19 -06 O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Amended 01 -19 -06 Agenda Item E1 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 13, 2006 RE: Re -Vote on Approval of Minutes At the January 9, 2006 council meeting the December 12, 2005 minutes were presented to council for approval. A motion and a second were made for the approval of the minutes with Mayor Longrie abstaining. Councilmember Hjelle voted to approve the minutes but was not present at the meeting. Staff requests another vote on the minutes with both Mayor Longrie and Councilmember Hjelle abstaining so that the permanent record can be corrected. Agenda Item E1 DRAFT - MINUTES MAPLEWOOD CITY COUNCIL 7 :00 P.M. Monday, December 12, 2005 Council Chambers, City Hall Meeting No. 05 -28 Iil CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at called to order at 7:00 P.M. by Mayor Cardinal. City Hall, and was :1 A PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present David Bartol, Councilmember Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the City Council Meeting - November 28, 2005 Councilmember Juenemann moved to approve the minutes from the November 28, 2005 City Council Meeting as presented. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the Special City Council Meeting - December 5, 2005 Councilmember Rossbach moved to approve the minutes from the December 05, 2005 Special Citv Council Meeting as presented. by Councilmember Juenemann Ayes-All E. F. VISITOR, PRESENTATIONS APPROVAL OF AG •s• Councilmember Rossbach moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes-All G. APPOINTMENTS /PRESENTATIONS Mayor Cardinal and Councilmember Koppen were each presented a resolution from the State Senate and a commemorative plaque from city staff for their years of leadership and service on the Maplewood City Council. City Council Meeting 12 -12 -05 1 H. CONSENT AGENDA Councilmember Rossbach moved to adopt consent agenda items 1, 3 -6, 8, 10, 13 -15, 17 -18 Seconded by Councilmember Koppen Ayes -All Councilmember Rossbach moved to adopt consent agenda item 2. Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to adopt consent agenda item 7. Seconded by Councilmember Rossbach Ayes-All Councilmember Rossbach moved to adopt consent agenda item 9. Seconded by Councilmember Koppen Councilmember Rossbach moved to a Seconded by Councilmember Kop Councilmember Juenemann move Seconded by Councilmember Koppen Councilmember Juenemann moved tc Seconded by Councilmember Rossbach Ayes-All uenemann Ayes-All anual Checks # 68582 ited 11/23/2005 $ 1,058,203.91 Checks # 68583 thru # 68643 dated 11/29/2005 $ 623,976.86 Disbursements via debits to checking account dated 11/18/2005 thru 11/25/2005 $ 351,990.43 Checks # 68644 thru # 68680 dated 12/06/05 City Council Meeting 12 -12 -05 2 Mayor Cardinal moved to a $ 227,714.70 Disbursements via debits to checking account dated 11118105 thru 12101105 $ 2,263,485.90 Total Accounts Payable $ 470,466.26 Payroll Checks and Direct Deposits dated 1210212005 $ 2,449.75 Payroll Deduction check # 1034 dated 1210212005 $ 472,916.01 Total Payroll $ 2,736,401.91 GRAND TOTAL 2. Ordinance to Increase Planning Fees (Second Reading) Approved the following increases in the Community Development Department Fees as listed in Exhibit A effective January 1, 2006 and approved the first reading of an ordinance (Exhibit B) to increase the planning fees: ORDINANCE NO. 848 PLANNING FEES Section 1. Section 36 - 26 of the Zoning Code of the City of Maplewood is hereby amended as follows: Section 36 - 26. Fees. The following nonrefundable application fees shall be required: Zone Change 1,128 Conditional Use Permit: R1 & R2 742 Other 1,153 Conditional Use Permit Revision: R1 & R2 630 Other 793 Variances: R1 & R2 630 Other 1,046 Front Yard Setback 298 Vacations: R1 & R2 153 Other 595 Lot Divisions (Fee per lot created): City Council Meeting 12 -12 -05 3 R1 & R2 Other Home Occupation Permit (initial permit) Initial permit Annual permit Comprehensive Plan Amendment Code Amendment Planned Unit Development Preliminary Plat Preliminary Plat Revision or Time Extension Final Plat Time Extensions /Renewals Section 2. Section 36 - 258 of the sign code is amended as follows: Section 36 - 258. Fees. 85 317 637 57 1,364 nnn 1 1 The sign erection permit fee shall be $24 per inspection. Section 3. This ordinance shall be effective on January 1, 2006. 3. Increase in Miscellaneous Service Charges roved to increase the miscellaneous service charges by 2.0% effective nary 1, 2006 to keep up with inflation. Transfers Authorized a $31,140 transfer from the Sanitary Sewer Fund to the Debt Service Fund for the 2003 Sewer Revenue Bonds, and a $33,460 transfer from the Water Availability Charge Fund-St. Paul Water District to the Debt Service Fund for the 2002 Improvement Refunding Bonds, and the appropriate budget changes. 5. Assessments for False Alarm Bills Adopted the following resolution to certify false alarm charges for collection with property taxes payable in 2006 and a $25.00 false alarm bill for Tom Ward at 2363 Oakridge Court be written off as he has moved: RESOLUTION 05 -12 -174 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent false alarm charge for collection with the taxes of said property owner for the year 2005, collectible in 2006, and which includes interest at the rate of eight percent (8 %) on the total amount for one year: City Council Meeting 12 -12 -05 4 PROPERTY ACCOUNT STREET ADDRESS IDENTIFICATION AMOUNT* Spudsters Corner Kick Ohlson Property Maintenance Best Buy 3001 White Bear Avenue 1357 Cope Avenue 3224 Rice Street 1885 County Road D 02.29.22.23.0009 $864.00 10.29.22.32.0014 54.00 31.30.22.33.0052 27.00 35.30.22.33.0021 43.20 TOTAL $ 588.20 *Amount includes 8% interest. 6. Assessments for Ambulance Bills Adopted the following resolution to certify $19,443.18 of unpaid ambulance bills as special assessment for collection with 2006 property taxes with interest at the rate of eight percent on the total amount for one year. RESOLUTION 05 -12 -175 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $19,443.18 for collection with the taxes of said property owner for the year 2005, collectible in 2006 with interest at the rate of eight percent (8 %) on the total amount for one year. 7. Write Off Uncollectible Ambulance Bills for 2003 Authorized writing off $610,112.57 of ambulance bills and authorized the Finance Director to write off uncollectible accounts annually. Designation of Depositories for Investments Adopted the following resolution designating depositories for time deposits of the City of Maplewood: RESOLUTION 05 -12 -180 BE IT RESOLVED, that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: Washington County Bank Wells Fargo Bank BE IT FURTHER RESOLVED, that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED, that funds in the above depositories may be withdrawn and wire transferred to any other depository of the city by the request of the Finance Director or Assistant Finance Director. City Council Meeting 12 -12 -05 5 BE IT FURTHER RESOLVED, that these depository designations are effective until December 31, 2007. 7 10 11 Budget Adjustments for 2005 Bond Issue Approved the staff recommended budget adjustments for the 2005 Bond Issue. Maplewood Fire Relief Association Transfer of Assets to Oakdale Fire Relief Association Approved the agreement between the Maplewood Fire Relief the Oakdale Fire Relief Association allowing the transfer of a; Gladstone North Area Streets Improvements— City a. Resolution for Modification of Existing Con: Order No. 1 %ssociation and sets to take place. 15 ntract, Change Adopted the following resolution Directing the Modification of the Construction Contract for the Gladstone North Area Street Imprc Project 04 -15: City RESOLUTION 05 -12 -173 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04 -15, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04 -15, Gladstone North Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 04 -15, Change Order No. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $13,735.17. The revised contract amount is $1,780,063.75. 12. Maplewood Recycling Program —Approve Distribution of Advertisement Materials Approved the distribution of the recycling information compiled by staff, the Environmental Committee and Eureka Recycling. 13. 2006 Temporary /Casual Part -time Pay Resolution Adopted the following resolution replacing the existing resolution establishing pay rates for temporary, seasonal, and casual part -time employees: RESOLUTION 05 -12 -178 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. City Council Meeting 12 -12 -05 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 August 1, 2005, upon Council 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 -12.00 per hour Clerk $6.50 -11.00 per hour Office Specialist $8.50 - 16.00 per hour Customer Service Assistant $6.15 -11.00 per hour' CSO $8.00 -16.00 per hour CSO /Paramedic $12.00 - 2100 per hour Data Entry Operator $8.00 - 12.00 per hour Dispatcher $15.00- 20.00 per hour Election Judge $6.50 -12.00 per hour Election Judge - Assistant Chair $7.00 -13.00 per hour Election Precinct Chair $7.50 -14.00 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 -Call $18.00 per drill Intern $6.50 -20.00 per hour IT Technician $15.00 -20.00 per hour Laborer $6.50 -12.00 per hour Lifeguard $6.15- 14.00 per hour Receptionist $7.50 -11.00 per hour Recreation Instructor /Leader $6.15 - 30.00 per hour Recreation Official $6.15 -25.00 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 -14.00 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 ran 14. Conditional Use Permit Review - Schlomka Landscaping (2511 Carver Avenue) Extended the two conditional use permits associated with Schlomka Landscaping located at 2511 Carver Avenue again in one year to ensure continued compliance with all conditions. 15. Annual License Lawful Gambling - Pioneer Booster Club at Bleecher's Bar Adopted the following resolution approving the lawful gambling resolution application for the Pioneer Booster Club: City Council Meeting 12 -12 -05 RESOLUTION 05 -12 -168 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Bleechers Bar located at 2220 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. 16. Diseased Tree Program - Report on 2005 Accepted the Diseased Tree Program Report for 2005 Removals. 17. Tax - Exempt Financing Request - Hill Murray School East) Adopted the following resolution approving Maplewc $3.4 million in tax exempt revenue financing for Hill - Larpenteur Avenue: REVENUE N WH U*1i7 1. On November (the "HRA ") adopted a Resolu Revenue dote in a principal a approximately 40 acres of Ian additional 4 acres of land locat owned by The Hill - Murray Fou nonprofit corporations. RESOLUTIC ION OF THE CITY rING APPROVAL' HOUSING AND RI 'LEWOOD FOR El Larpenteur Avenue ng approval for up to School at 2625 kPLEWOOD, MINNESOTA E ISSUANCE OF A :LOPMENT AUTHORITY OF THE CITY OF CIONAL FACILITIES 2005 the Housing and Redevelopment Authority of the City of Maplewood n giving approval to the issuance of a tax - exempt Educational Facilities )unt not to exceed $3,400,000 (the "Note ") to finance the acquisition of vhich is the current site of the Hill- Murray School campus along with an at 2625 Larpenteur Avenue in the City (the "Project "). The Project will be ation (the "Borrower ") and leased to Hill- Murray School, both Minnesota 2. Section 147(f) of the Internal Revenue Code of 1986, amended ( "TEFRA "), requires that the applicable elected representatives of the governmental unit issuing the Note give approval to issuance of the Note following holding of a public hearing. A public hearing was held by the HRA on November 22, 2005 with respect to the Project and issuance of the Note in an amount not to exceed $3,400,000. 3. The HRA has requested that the City Council of the City of Maplewood give its consent pursuant to TEFRA to facilitate the issuance of the Note by the HRA, subject to final approval of the details of issuance of the Note by the HRA. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, that in accordance with TEFRA, the City Council hereby consents to the issuance of the Note for the purposes described in the aforesaid Resolution of the HRA, the exact details of which including, but not limited to, provisions relating to the maturities, interest rates, and redemption, are to be determined by the HRA City Council Meeting 12 -12 -05 and set forth in the Note or the Loan Agreement dated as of the date of closing between the City and the Borrower. In addition, the City Council hereby authorizes the issuance of any additional obligations (including refunding notes or bonds) by the HRA, found by the HRA to be necessary for carrying out the purposes for which the Note is issued. 18. Ambulance Rates for 2006 Adopted the following resolution establishing the 2006 Ambulance Rates: RESOLUTION 05 -12 -185 ADOPTING 2006 AMBULANCE. RATES WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and WHEREAS, it is fair and reasonable to charge for services rendered person is transported and by type of services provided; i.e., basic or advan+ defined by Medicare. 2006: NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be Base rates Non - transport (treatment administered) $ 335.00 Basic life support ambulance services $ 895.00 Advanced life support ambulance services 1 $1,170.00 Advanced life support ambulance services 2 $1,295.00 Rate per mile transported $ 14.10 January 1, BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro -rated between the people transported. 19. Budget Adjustment for Nature Center Donation Accepted $1,220 in donations from multiple parties toward the Blue Heron bronze sculpture from the Butterfly Garden fundraiser last summer. I. PUBLIC HEARINGS Kenwood Area Street Improvements — City Project 05 -16 a. Public Hearing b. Resolution Ordering Improvement after Public Hearing a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The upon the distance a support services as City Council Meeting 12 -12 -05 following persons were heard: Patricia Wynn, 710 Belmont Avenue East, Maplewood Raymond Bade, 691 Eldridge Avenue East, Maplewood Floyd Erickson 2094 Edgerton Street, Maplewood Gerald Meigs, 710 Belmont, Maplewood Colleen Olson, 2111 Kenwood Drive East, Maplewood Jeanette Hulet, 2021 Kenwood Drive West, Maplewood Chris Valley, 787 Bellwood Avenue East, Maplewood Jerry Ekblad, 731 Eldridge Avenue, Maplewood John Simon, 2100 Greenbrier, Maplewood Dave Shilling, 1955 Greenbrier, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the followi RESOLUTION 05 -1 2 -181 ORDERING IMPROVEMENT AFTER PUBLIC HEARING the improvement of WHEREAS, a resolution of the city council adopted the 12th day of December, 2005, fixed a date for a council hearing on the proposed street improvements for the Kenwood Area Street Improvements, City Project 05 -16. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on December 12, 2005, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFO MINNESOTA, as follows 1. That it is ne( the City of Maplewood mak 2. Such impro), 12th day of December 200? 3. The city eng prepare final plans and spe 4. The implement the finar proposed financing VED BY THE CITY COUNCIL OF MAPLEWOOD, ry, cost- effective and feasible, as detailed in the feasibility report, that , rovements to Kenwood Area Street Improvements, City Project 05 -16. as proposed in the council resolution adopted the designated engineer for this improvement and is hereby directed to ns for the making of said improvement. nce director is hereby authorized to make the financial transfers necessary to 3 plan for the project. A project budget of $4,727,140 shall be established. The n is as follows: Street assessments: Storm assessments: Sanitary Sewer utility Fund: SPRWS Obligation: WAC Fund Environmental Utility Fund City general tax levy: Total Seconded by Councilmember Bartol Ayes -All $ 1,356,608 (29 %) $ 218,850 (5 %) $ 443,245 (9 %) $ 72,490 (2 %) $ 80,000 (2 %) $ 303,500 (6 %) $ 2,252,447 (47 %) $ 4,727,140 (100 %) City Council Meeting 12 -12 -05 10 Mayor Cardinal announced a short break to allow the residents from the public hearing who wanted to leave an opportunity to exit the chambers. 2. Intoxicating Liquor License Fee Increase a. City Manager Fursman presented the report. b. REaL Director /City Clerk Guilfoile presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approve the following 2906 License fee requirements: The 2006 license fees are proposed as follows: Intoxicating Liquor is currently $6,995 inflation increase of 4.7% = $7,324 On -Sale Beer License is currently $212 increase by 4.7% = $222 Off -Sale Beer License is currently $55 increase by 4.7% = $58' Seconded by Councilmember Rossbach Ayes -All 3. Proposed 2006 Budget and Tax Levy a. City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following bersons d. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to adopt the following resolution which will levy property taxes Payable in 2006. The amounts listed in the resolution will increase the tax levy by 5.0% and RESOLUTION 05 -12 -176 ADOPTING A BUDGET FOR 2006 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2006 is hereby adopted as outlined in the following summary: City Council Meeting 12 -12 -05 11 DEBT SERVICE BUDGET TOTAL $7,189,536 $50,877,066 CAPITAL $35,086,090 OPERATING IMPROVEMENTS (6,192,400) B B Estimated Balances 01 -01 -06 $42,797,663 $889,867 Revenues 28,741,540 1,118,450 Net other increases (454,340) 1,089,750 (decreases) Expenditures (28,598,620) (1,095,360) Estimated Balances 12 -31 -06 $42,486,243 $2,002,707 DEBT SERVICE BUDGET TOTAL $7,189,536 $50,877,066 5,226,100 $35,086,090 448,890 $1,084,300 (6,192,400) ($35,886,380) $6,672,126 $51,161,076 BE IT FURTHER RESOLVED that the department appropriations totaling as listed in the budget booklet are hereby approved for the 2006 Operating Budget: BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2006 is not less than. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2006 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS FIRE TRUCK REPLACEMENT LEGACY VILLAGE TAX ABATEMENT DISTRICT OPEN SPACE PARK DEVELOPMENT PUBLIC SAFETY COMMUNICATION SYSTEM REDEVELOPMENT TAX INCREMENT ECONOMIC DEV. DISTRICT #1- 5 TAX INCREMENT HOUSING DISTRICT #1 -1 TAX INCREMENT HOUSING DISTRICT #1 -2 TAX INCREMENT HOUSING DISTRICT #1 -3 TAX INCREMENT HOUSING DISTRICT #1 -4 TAX INCREMENT HOUSING DISTRICT #1 -5 TAX INCREMENT HOUSING DISTRICT #1 -6 TAX INCREMENT HOUSING DISTRICT #1 -7 TAX INCREMENT HOUSING DISTRICT #1 -8 WATER AVAILABILITY CHARGE — NO. ST. PAUL WATER AVAILABILITY CHARGE — ST. PAUL TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS $138,220 280,380 70 230 450,000 800 60 22,700 170 170 160 47,870 39,630 94,050 170 19,830 40 810 $1,095,360 BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2006 Debt Service Budget: City Council Meeting 12 -12 -05 12 $4,065,000 2,109,450 6,520 8,300 3,130 Principal Interest Paying Agent Fees Interest — Interfund loans Investment Management TOTAL DEBT SERVICE BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the City Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. BE IT FURTHER RESOLVED that designated for contingencies. Seconded by Councilmember Juenem Councilmember TAXES that: L3� MY The following amounts c said City of Maplewood, of the fund 12 -177 ABLE IN 2006 in the General Fund is TY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA be levied for 2005, payable in 2006, upon the net tax capacity in following purposes: ns $11,089,570 rvices 2,315,500 LEVY $13,405,070 2. In addition, there is a $701,300 market value based referendum levy for 2005 payable in 2006 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds. 3. The next tax capacity based levy of $2,315,500 for Debt Service and the market value based referendum levy of $701,300 total $3,016,800. This is a net decrease of $561,535.60 in the scheduled levy of $4,512,274.60. The breakdown by Debt Service Fund is attached as Exhibit A. City Council Meeting 12 -12 -05 13 i • e i' i t' i i! TOTALS Seconded by Councilmember Juenemann Councilmember Rossbach moved system. Seconded by Mayor Cardinal J. OF BIDS None K. UNFINISHED : 1. Roselawn Traffic lc Engineer's Finding City Manager Fursman b. City Engineer (35 53.578.335.60 3.0° €5.80000 (561,53560) Ayes -All to review the possibility of a bi- annual budget — City Project 05 -25 — Review of Traffic ted the report. nted specifics from the report. C. Tom Sohrweide, Short, Elliot, Hendrickson Inc., provided specifics from the report. The following persons were heard: Clarence Olson, 250 Roselawn Avenue, Maplewood William Macoskey, 106 East Roselawn, Maplewood Carolyn Peterson, 1803 Gervais Avenue, Maplewood Lee Rossow, Owner of Comfort Bus Company Paul Nolan, 498 Roselawn, Maplewood Richard Conrad, 148 Roselawn, Maplewood Jon Strantz, 112 Roselawn, Maplewood Kerry Kapaun, 113 Roselawn, Maplewood City Council Meeting 12 -12 -05 14 SCHEDULED ADOPTED INCREASE LE1` LEVY (DECREASE} 334 G.O. REFUNDING BONDS - 1008B I 9,566.00 135.700.00 1 3,134.00 335 G.O. IMPROVEMENT BONDS - 19,994 53.505 00 67,000.00 7,445.010 337 G.O. FIRE SAFETY BONDS - 2000A 311 777.05 3 E5,700 00 4,423.00 333 G.O. EO1 IIPMENT CERTIFICATES - 23014 1 5 15. I9€J.WO.11G (4.545.30 339 G.O. Irl1PRovEI'41ENT BONDS - 20018 177,32~178 178.600.00 1,276.22 340 G.O. IMPROVEMENT REFUNDING BONDS 20010 61.175 63 - (61,175.63) 341 G.O. IMPROVEMENT BONDS - 2002A 24622400 - (2411,224 00) 342 G.O. IMPROVEMENT REFUNDING BOND 2002B 516,036.00 521.800.fl0 5,764.00 343 G.O. TAX INCREMENT REFUNDING BONDS 20020 61 341 400.{10 (28{1,741 00) 344 G 0. OPEN SPACE REFUNDING BONDS - 20032D 405,2610-3 384,60000 (20,661 00) 345 G.O. IMPROVEMENT BONDS - 2003A 107.520.00 171.300.00 3,780.00 347 G.O. REFUNDING BONDS -2004A 16.650.84 18.SC000 1,840- 16 348 G.O. IMPROVEMENT BONDS -20048 118.1` 3.52 - (318,19 52) 340 G G. TAX ABATEMENT BONDS - 2004C 151.273.00 3`I 7 00 1511,557 00 350 G.O. CAPITAL INIFROVEIVIENT FLAN BONDS - 2004E 5469200 54 500.00 (142 00) 352 G.C. TAX INCREMENT REFUNDING BONDS - 2004F 155.322:83 317.900.00 162,577.17 TOTALS Seconded by Councilmember Juenemann Councilmember Rossbach moved system. Seconded by Mayor Cardinal J. OF BIDS None K. UNFINISHED : 1. Roselawn Traffic lc Engineer's Finding City Manager Fursman b. City Engineer (35 53.578.335.60 3.0° €5.80000 (561,53560) Ayes -All to review the possibility of a bi- annual budget — City Project 05 -25 — Review of Traffic ted the report. nted specifics from the report. C. Tom Sohrweide, Short, Elliot, Hendrickson Inc., provided specifics from the report. The following persons were heard: Clarence Olson, 250 Roselawn Avenue, Maplewood William Macoskey, 106 East Roselawn, Maplewood Carolyn Peterson, 1803 Gervais Avenue, Maplewood Lee Rossow, Owner of Comfort Bus Company Paul Nolan, 498 Roselawn, Maplewood Richard Conrad, 148 Roselawn, Maplewood Jon Strantz, 112 Roselawn, Maplewood Kerry Kapaun, 113 Roselawn, Maplewood City Council Meeting 12 -12 -05 14 Mayor Cardinal moved to accept the report of the City's traffic consultant on the Roselawn- Jackson area traffic issues, directed the Community Development Director to conduct a review of the CUP for Comfort Bus as provided by City Code: direct a letter to SPRWS requesting assistance with routing of their truck traffic to their Rice Street facility and restrict parking as recommended by the Traffic Engineer at the Roselawn- Jackson intersection: Seconded by Councilmember Koppen Ayes -All L. NEW BUSINESS Maplewood Mall Area Transportation Improvements Project Financing Summary and Budget Adjustments a. Hazelwood Street Improvements (C to Beam), City Project 01 -16 b. County Road D East (TH 61 to Southlawn), City Project 02 -07 C. County Road D West (TH 61 to Highridge), City Project 02 -08 d. Kennard Street Improvements (Beam to Cty Rd D), City Project 03 -04 e. TH 61 Improvements (Beam to 1 -694), City Project 03 -07 f. County Road C Area Streets, City Project 03 -18 g. Legacy Parkway (Kennard to Hazelwood), City Project 03 -26 h. Hazelwood Street (Beam to D), City Project 03 -39 i. Bruce Vento Trail Extension (Beam to Buerkle), City Project 04 -02 j. County Road D Court, City Project 04 -06 k. TH 61 East Frontage Road (New Cty D to Old Cty D), City Project 04 -25 a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Koppen moved to approve the following budget adiustments: • Hazelwood (01 -16): Transfer $66,350 from the Sewer Fund • County Road D East (02 -07): • Add interest on investments: $ 61,257 • Ramsey Co. Payment for Trail: $ 389,680 • Regional Rail Payment for Railroad: $ 906,645 •Additional bonding in 2006: $1,671,538 • Total budget adjustment: $3,029,120 • County Road D West (02 -08): • Add SPRWS Payment: $ 33,378 • Add Vadnais Heights Work: $ 44,000 • Add Developer Payment: $ 45,000 • Additional bonding in 2006: $468,544 • Total Budget Adjustment: $590,922 • Kennard Street (03 -04): Add a payment from SPRWS for $20,505. • TH 61 Area Improvements, County Road D Court, TH 61 Frontage Road (03- 07,04- 06,04-25): • Add SPRWS Payment: $26,483 • Add MnDOT Payment: $45,000 • Total Budget Adjustment: $71,483 • Hazelwood Street (03 -39): Recognize interest received on investments of $19,524. Seconded by Councilmember Bartol Ayes-All 2. Reduced Front Yard Setback Request — Detached Garage (1948 Kenwood Drive) a. City Manager Fursman presented the report. City Council Meeting 12 -12 -05 15 b. Planner Roberts presented specifics from the report. C. Lisa Schnose, the applicant, was present for council questions. d. The following persons were heard: Jeff Surine, 1951 Kenwood Drive, Maplewood Councilmember Juenemann moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Bartol, Juenemann and Rossbach Nay - Councilmember Koppen Jeff Surine, continued his statement Mike Zalk, 1946 Kenwood Drive, Maplewood Councilmember Rossbach moved to approve th have at least two -foot front yard setback) for the Seconded by Councilmember Jue Motion failed. 3. Easement Vacatio Parkway) a. City Manager Furs b. Senior Planner Ek C. Commissioner Gre Councilmember Rossbac• easements on the oroaos( from the report. rated the Planning Commission Report. Juenemann Jason Thomas, Hartford Group, provided further specifics on the easement vacation and answered council City Attorney Kelly clarified the sixty day limit and timing issues regarding the design and approval process with Ramsey County. Councilmember Rossbach withdrew his motion. Councilmember Koppen moved to adopt the following resolution vacating the drainage and utility easements on the proposed Ramsev County Library site at Leaacv Villaae: foot reduced front yard setback (so it would ched araae for the property at 1948 n Ayes - Councilmembers Juenemann and Rossbach Nays -Mayor Cardinal, Councilmembers Bartol and Koppen Village (west of Southlawn Drive, south of Legacy nted the EASEMENT VACATION RESOLUTION 05 -12 -186 WHEREAS, Mr. Jason Thomas, of the Hartford Group, applied for the vacation of a 20 -foot -wide City Council Meeting 12 -12 -05 16 drainage and utility easement on the proposed Ramsey County Library site in Legacy Village. This easement is described as follows: The South ten (10) feet of Lot 1, Block 4, Legacy Village of Maplewood; LESS AND EXCEPT: The West ten (10) feet of the South ten (10) feet of Lot 1, Block 4; LESS AND EXCEPT: The East ten (10) feet of the South ten (10) feet of Lot 1, Block 4. The North ten (10) feet of Lot 2, Block 4, Legacy Village of Maplewood; LESS AND EXCEPT: The West ten (10) feet of the North ten (10) feet of Lot 2, Block 4; LESS AND EXCEPT: The East ten (10) feet of the North (10) feet of Lot 2, Block 4. WHEREAS, on November 21, 2005, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered reports and recommendations from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on December 12, 2005, the city cou recommendations of staff and the planning commission. request after considering the WHEREAS, after the city approves this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described vacation because the vacation is in the public interest since these easements would serve no public purpose. As a condition of this vacation, the applicant shall combine both lots into one legally - described property before obtaining a building permit. Seconded by Councilmember Bartol Ayes -All 4. Tire View Estate Preliminary Plat (east of Highway 61 at new County Road D) a. City Manager Furs b. Senior Planner Ekstrand rated the report. specifics from the report. C. Commissioner Grover presented the Planning Commission Report. Councilmember Rossbach moved to approve the Tire View Estate preliminary and final plat as submitted. Approval is subject to the conditions state in the March 18, 2005 letter from MnDOT. Seconded by Councilmember Juenemann Ayes -All 5. Regions Sleep Health Center (2688 Maplewood Drive North) a. Conditional Use Permit b. Building Setback Variance C. Zoning Map Change — R -1 (single dwellings) to M -1 (light manufacturing) d. Design Approval a. City Manager Fursman presented the report. b. Senior Planner Ekstrand presented specifics from the report. City Council Meeting 12 -12 -05 17 c Boardmember Olson presented the Community Design Review Board Report. d. Commissioner Grover presented the Planning Commission Report. e. Steve Doherty, the architect, responded to council questions. Councilmember Juenemann moved to adopt the following resolution approving a conditional use permit for 2688 Maplewood Drive for a building in an M1 (light manufacturing) district that would be within 350 feet of residential property: CONDITIONAL USE PERMIT RESOLUTION 05 -1 WHEREAS, Pope Associates applied for a conditional use permit to construct a commercial building within 350 feet of residentially -zoned property. The proposed building would be set back varying distances from abutting residential lot lines at distances of 55 feet, 67 feet and 122 feet. WHEREAS, this permit applies to 2688 Maplewood Drive. The legal description is: Back portion of the parcel (Parcel A): The South 189.50 feet Lot 6, Kohlman's Lakeview Addition, as measured at a right angle to the South line of said Lot 6, according to the recorded plat thereof on file and of record in the office of the County Recorder Ramsey County, Minnesota. Front portion of the parcel (Parcel B): Commencing at a point on the West line of Lot 6, Kohlman's Lakeview Addition, and 200 feet South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear Road known as Highway Number One; thence Southwesterly along the Southeasterly side of said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning, Ramsey County, Minnesota. Abstract Property (Parcel A) Torrens Property (Parcel B) Torrens Certificate No. 530624 WHEREAS, the history of this conditional use permit is as follows: On November 21, 2005, the planning commission recommended that the city council approve this permit. The planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. 2. The city council reviewed this request on December 12, 2005. The council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. City Council Meeting 12 -12 -05 18 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. 6. 7. 8. 9. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of features into the development design. The use would cause minimal Approval is subject to the following conditions: 1. All construction shall follow the site plan that the city F The director of community development may approve 2. The proposed construction must be substantially start one year of council approval or the permit shall becon extend this deadline for one year. 3. The city council shall review this permit in one year. corporate the site's natural and scenic cts. amped October 27, 2005. rages. , or the proposed use utilized, within null and void. The council may 4. The parking lot lights for the rear parking lot must be of a style that has concealed bulbs and lenses. This lighting must not give off more light than a typical residential wall or yard light. Light - intensity maximums must meet code requirements. Provide a revised parking lot screening plan for the rear parking lot that provides screening that is at least six feet tall and 80 percent opaque on the north /northeast and south /southeast sides. 6. The applicant shall work with staff to eliminate or reduce the number of parking stalls in the back of the building. This area shall be designated as "proof of parking" or "future parking." The applicant shall provide 9'l2 -foot -wide spaces for patient parking as required by code. Employee parking spaces may be 9 feet wide and must be signed as such. Handicap parking spaces shall comply with ADA (Americans with Disabilities Act) requirements. 7. Any activity that generates noise, sounds, or disturbances', that can be heard by the abutting residential home owners shall be prohibited between 7 p.m. and 7 a.m. Mondays through Saturdays and all day on Sundays as required by Section 18 -111 of the city code. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution approving a 20 -foot setback variance allowing the proposed Regions Sleep - Health Center to be constructed 30 feet from the northerly lot line: City Council Meeting 12 -12 -05 19 VARIANCE RESOLUTION 05 -12 -183 WHEREAS, Pope Associates has applied for a variance from the zoning ordinance. WHEREAS, this variance applies to 2688 Maplewood Drive. The legal description for the portion of the subject lot to be rezoned (Parcel A) is: Back portion of the parcel (Parcel A): The South 189.50 feet Lot 6, Kohiman's Lakeview Addition, as measured at a right angle to the South line of said Lot 6, according to the recorded plat thereof on file and of record in the office of the County Recorder Ramsey County, Minnesota. Front portion of the parcel (Parcel B): Commencing at a point on the West line of Lot 6, Kohlman's Lakeview Addition, and 200 feet South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear Road known as Highway Number One; thence Southwesterly along the Southeasterly side of said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning, Ramsey County, Minnesota. Abstract Property (Parcel A) Torrens Property (Parcel B) Torrens Certificate No. 530624 WHEREAS, Section 44 -20( c)(6)(b) of the Maplewood Code of Ordinances requires that commercial buildings be set back at least 50 feet from a residential` lot line. WHEREAS, the applicant is proposing to from a residential lot line. a commercial building with a 30 -foot setback WHEREAS, this requires a variance of 20 feet. WHEREAS, the history of this variance is as follows: On November 21, 2005, the planning commission recommended that the city council approve this variance. The planning commission held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. 2. The city council reviewed this request on December 12, 2005. The council considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described variance for the following reasons: 1. Providing a 50 -foot setback would cause the applicant undue hardship by requiring a setback from a nonconforming use that is temporary and destined to be redeveloped with a complying, M1 use. 2. This variance would be in keeping with the spirit and intent of the ordinance since there would still be an ample 30 -foot setback from the northerly lot line. City Council Meeting 12 -12 -05 20 Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to adopt the following resolution rezoning the back of 2688 Maplewood Drive from R1 (single dwelling residential) to M1 (light manufacturing). This rezoning is based on the findings required by code and also because the Maplewood Comprehensive Land Use Plan already guides this property as M1: RESOLUTION: ZONING MAP CHANGE 05 -12 -184 WHEREAS, Pope Associates applied for a change in the zoning map from R1 (single dwelling residential) to M1 (light manufacturing). WHEREAS, this change applies to the property at 2688 Maplewood Drive. The legal description is: Back portion of the parcel (Parcel A): The South 189.50 feet Lot 6, Kohlman's Lakeview Addition, as measured at a right angle to the South line of said Lot 6, according to the recorded plat thereof on file and of record in the office of the County Recorder Ramsey County, Minnesota. Front portion of the parcel (Parcel B): Commencing at a point on the West line of Lot 6, Kohlman's Lakeview Addition, and 200 feet South of the Northwest corner of said Lot 6; thence West on a line parallel to the South line of Section 4, Township 29, North, Range 22 West, to a point on the Easterly line of the White Bear Road known as Highway Number One; thence Southwesterly along the Southeasterly side of said White Bear Road to a point 383.8 feet North of the South line of Section 4; thence East on a line 383.8 feet North of and parallel to the South line of said Section 4 to a point on the West line of said Lot 6; thence North along the West line of said Lot 6 to the point of beginning, Ramsey County, Minnesota. Abstract Property (Parcel A) Torrens Property (Parcel B) Torrens Certificate No. 530624 WHEREAS, the history of this change is as follows: On November 21, 2005, the planning commission held a public hearing to consider this rezoning. The city staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing an opportunity to speak and present written statements. The planning commission recommended that the City Council approve the change. 1. On December 12, 2005, the city council reviewed this rezoning and approved the change. The Council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described change in the zoning map for the following reasons: The proposed change is consistent with the spirit, purpose and intent of the zoning code. City Council Meeting 12 -12 -05 21 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The Maplewood Comprehensive Plan already designates this property for M1. Seconded by Councilmember Bartol Ayes-All Councilmember Koppen moved to approve the plans date - stamped October 27, 2005, for the proposed Regions Sleep - Health Center at 2688 Maplewood Drive. Approval is subiect to the applicant /developer complying with the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Comply with all conditions of Erin Laberee's engineering report dated November 17, 2005. 3. Obtain a permit from the Ramsey /Washington Metro Watershed District before the issuance of a building permit. 4. The applicant shall work with staff to eliminate or reduce the number of parking stalls in the back of the building. This area shall be designated as "proof of parking" or "future parking." The applicant shall provide 9 "f2- foot -wide spaces for patient parking as required by code. Employee parking spaces may be 9 feet wide and shall be signed as such. Handicap parking spaces shall comply with ADA (Americans with Disabilities Act) requirements. 5. Provide a revised parking lot screening plait for staff approval for the rear parking lot that provides screening that is at least six feet tall and 80 percent opaque on the north /northeast The applicant mint provide an in- ground irrigation system as required by code. The area around the pond does not need to be sprinklered. 7. The design of the trash enclosure shall be submitted to staff for approval. The materials and colors of the enclosure shall match the building. 8. Provide cash escrow, in the amount of 150 percent of the cost of completing the landscaping and exterior site improvements before the applicant shall obtain a building permit. 9. The community design review board shall approve major changes to these plans. Minor changes may be approved by staff. Seconded by Councilmember Bartol Ayes-All 6. Afton Heights Park Wetland Restoration Order a. City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented specifics from the report. City Council Meeting 12 -12 -05 22 Councilmember Koppen directed the completion of the wetland restoration order as outlined in the November 28, 2005 letter with the monies to be allocated from the park development fund. It is further understood that staff will negotiate a resolution of the correction fees to pay back a portion of not all of the correction costs based on the SEH independent findings. M Seconded by Mayor Cardinal COUNCIL PRESENTATIONS Ayes -All Council Service - Councilmember Juenemann thanked Mayor Cardinal and Councilmember Koppen for their support and service on the City Council. 2. Bloodmobile- Monday, December 19 1:00 to 4:00 p.m. the Bloodmobile will be at City Hall. Reservations can be made on the city website. ADMINISTRATIVE PRESENTATIONS The December 26, 2005 City Council Mayor Cardinal thanked all department h jobs. has been cancelled. O. ADJOURNMENT Mayor Cardinal adjourned the City Council Meeting 12 -12 -05 ly for being so good at their 23 Agenda Item E2 DRAFT -- MINUTES CITY COUNCIUMANAGER WORKSHOP Monday, January 9, 2006 Council Chambers, City Hall 5:33 p.m. Iil CALL TO ORDER 1. Council Determination of Seating Arrangements Council chose their seating arrangement by seniority of the Councilmembers. ROLL CALL Diana Longrie, Mayor Present David Bartol, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Councilmember Juenemann moved to approve the agenda as submitted. Seconded by Councilmember Rossbach Ayes -All NEW BUSINESS 1. 2006 Council Appointments a. City Manager Fursman provided the report. b. Councilmembers and Staff currently serving appointments provided an overview of the seat. C. Mayor Longrie and Councilmember expressed their choice of appointments. 2. Revisions to the Rules of Procedure for City Council Meetings a. City Manager Fursman presented the report. b. Mayor Longrie suggested the following Order of Business: A. Call to Order B. Pledge of Allegiance C. Roll Call D. Approval of Agenda E. Approval of Minutes F. Visitor Presentations G. Presentations H. Consent Agenda I. Public Hearings J. Award of Bids K. Unfinished Business Council /Manager Workshop 01 -09 -06 L. New Business M. Council Presentations N. Administrative Presentations Q. Adjournment 3. IT Council Chamber Upgrade - Presentation Due to time constraints, this item will be addressed at the following Council Meeting. E. FUTURE TOPICS F. ADJOURNMENT Councilmember Rossbach moved to adjourn at 6:30 p.m. Seconded by Councilmember Juenemann Ayes -All Council/Manager Workshop 01 -09 -06 Agenda Item E3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, January 9, 2006 Council Chambers, City Hall Meeting No. 06 -01 0 C CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:00 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE Mayor Longrie acknowledged the Maplewood residents who are severing the country here and abroad, honoring and appreciating their efforts in protecting America's freedom. ROLL CALL Diana Longrie, Mayor David Bartol, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Counci Will Rossbach, Councilmemb APPROVAL OF MINUTES 1. Minutes from City Cou Councilmember Juenemann 2005 City Council meeting as presented. Seconded by Councilmember Rossbach Ayes- Councilmembers Bartol, Hjelle, Juenemann, and Rossbach Abstain -Mayor Longrie E. VISITOR PRESENTATIONS None F. APPROVAL OF AGENDA M1. Emergency Management M2. Trash Collection M3. South Leg Meeting M4. Update on Mayor's Forum M5. Update on Mayor's Meeting with Commissioner Reinhardt M6. Notice of Special Meeting, Wednesday, January 11, 2006 Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Bartol Ayes -All City Council 01 -09 -06 1 G. APPOINTMENTS/PRESENTATIONS 1. Oath of Office — Councilmember Juenemann a. City Clerk Guilfoile conducted the Oath of Office for Councilmember Juenemann for her second term of office. 2. Police Department Promotion Ceremony a. Mayor Longrie announced the promotions. b. Police Chief Thomalla recognized the following promotions: • Sergeant Michael Shortreed to Lieutenant Shortreed • Officer Kerry Crotty to Sergeant Crotty C. City Clerk Guilfoile administered the Oath of Office to Police Officer Joseph Steiner. H. CONSENT AGENDA Councilmember Rossbach moved to accept the staff report for consent agenda items 1- 10, 13, 15. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to adapt consent agenda items 1 -10, 13, 15. Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach. moved to not accept the staff report for agenda item 11 Seconded by Councilmember Juenemann Ayes-All Councilmember Rossbach moved to table consent agenda items 11. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to accept the staff report for consent agenda item 12. Seconded by Councilmember Juenemann Ayes-All Councilmember Mayor Longrie moved to adopt consent agenda item 12. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to accept the staff report for consent agenda item 14. Seconded by Councilmember Juenemann Ayes-All Mayor Longrie moved to adopt consent agenda item 14. City Council 01 -09 -06 2 Seconded by Councilmember Juenemann Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 272,030.47 Checks # 68681 thru # 68744 dated 12/13/2005 $ 275,863.43 Disbursements via debits to checking account dated 12/02/05 thru 12/08/05 Manual Checks # 68745 thru # $ 3,650.00 68746 dated 12/13/05 thru 12/14/05 $ 885,582.09 Checks # 68747 thru # 68820 dated 12/16/05 thru 12/20/05 $ 1,874.94 EFT # 68821 dated 12/20/05 $ 89,413.77 Disbursements via debits to checking account dated 12/09/05 thru 12/14/05 $ 278,112.67 Checks # 68822 thru # 68892 dated 12/27/05 $ 253,724.96 Disbursements via debits to checking account dated 12/15/05 thru 12/21/05 $ 129.73 EFTS # 68893 dated 01/03/061 $ 579,104.01 Checks # 68894 thru # 68940 dated 01/03/05 $ 108,361.82 Disbursements via debits to checking account dated 12/22/05 thru 12/29/05 $ 2,747,847.89 Total Accounts Payable Payroll Checks and Direct Deposits dated $ 452,898.30_ 12/16/05 Payroll Deduction check # 103586 thru # 103588 $ 2,404.75 dated 12/16/05 $ 457,742.63 Payroll Checks and Direct Deposits dated Payroll Deduction check # 200.00 103715 dated 12/30/05 913,245.68 Total Payroll $ 3,661,093.57 GRAND TOTAL City Council 01 -09 -06 3 2. Annual License Lawful Gambling — Hill Murray Mother's Club Adopted the following resolution approving an annual lawful gambling license for Hill Murray Mothers Club at Bleecher's Bar at 2220 White Bear Avenue: RESOLUTION 46 -01 -001 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for Hill Murray Mothers Club, to operate at Bleecher's Bar 2224 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. 3. Annual License Lawful Gambling — Pioneer Booster Club Adopted the following resolution approving an annual lawful gambling license for the Pioneer Booster's Club at Huey's Saloon at 2425 Highway 1: RESOL BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Pioneer Booster Club, to operate at Huey's Saloon located at 2425 Highway 61, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said 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. 4. Annual License Lawful Gambling - Maplewood Athletic Association Adopted the following resolution approving an annual lawful gambling license for the Pioneer Booster's Club at Gulden's Roadhouse, located at 2999 North Highway 61: RESOLUTION 06 -01 -003 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Maplewood Athletic Association, to operate at Guldens Roadhouse located at 2999 North Highway 61, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. City Council 01 -09 -06 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. 5. Conditional Use Permit Review— Walking in Faith Church (2385 Ariel Street) Moved to review the conditional use permit for the Walking in Faith Church at 2385 Ariel Street again in one year. 6. County Road D Realignment, Surcharge Pond, Wetland Mitigation — City Project 02 -07 a. Resolution for Modification of Existing Construction Contract, Change Order No. 6 Adopted the following resolution directing the modification of the existing construction contract, Change Order Number 6: RESOLUTION 060 -01 -004 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered the Construction of County Road D Realignment East (T.H. 61 to Southlawn Dr.) City Project 02 -07, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order No. 6. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 6 in the amount of $12,943.84. The revised contract amount is $1.447.271.68. 3ions to the project budget are proposed at this time. County Road D Realignment East, Southlawn to Hwy 61 — City Project 02 -07 a. Resolution for Modification of Existing Construction Contract, Change Order Nos. 13, 14, 15, and 16 Adopted the following resolution directing the modification of the existing construction contract, Change Order Nos. 13, 14, 15 and 16, for the County Road D Realignment East Improvements (Southlawn to Highway 61), City Project 02 -07: RESOLUTION 06 -01 -005 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 13 -16 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order Nos. City Council 01 -09 -06 13, 14, 15 and 16, as an increase to said contract by an amount of $378,738.61, such that the new contract amount is now and hereby established as $2,800,117.31. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 13, 14, 15 and 16 as a contract increase in the amount of $378,738.61. The revised contract amount is $2,800,117.31. No revisions to the project budget are required at this time, as these changes fall within the original project scope and budget. 8. County Road D Realignment, West of Hwy 61 — City Project 02 -08 a. Resolution for Modification of Existing Construction Contract, Change Order No. 8 Adopted the following resolution directing the modification of the existing construction contract, Change order No. 8 (Palda Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02 -08: RESOLUTION 06 -01 -006 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER NO. 8 (P Ida Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order No. 8, (Palda Contract), as an increase to said contract by an amount of $6,281.00, such that the new contract amount is now and hereby established as $735,500.15. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 8, (Palda Contract), as a contract increase in the amount of $6,281.00. The revised contract amount is $735,500.15. No revisions to the project budget are proposed at this time, as these changes fall within the revised budget approved by city council on December 12 2005. 9. Hazelwood /County Road C Area Streets — City Project 03 -18 a. Resolution for Modification of Existing Construction Contract, Change Order No. 4 Adopted the following resolution directing the modification of the existing construction contract for the Hazelwood /County Road C Area Street Improvements, City Project 03- 18, Change Order No. 4: City Council 01 -09 -06 RESOLUTION 06 -01 -007 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03 -18, CHANGE ORDER 4, AND REVISION OF THE PROJECT FINANCING PLAN WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03 -18, Hazelwood /County Road C Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order No. 4, as an increase to said contract by an amount of $7,291.00, such that the new contract amount is now and hereby established as $1,689,204.32. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 4, as a contract increase in the amount of $7,291.00. The revised contract amount is $1,689,204.32. No revisions to the project budget are proposed at this time, as these changes fall within the revised budget approved by city council on December 7 2004. 10. Dahl Avenue Street and Utility Improvements — City Project 05 -10 a. Resolution for Modification of Existing Construction Contract, Change Order No. 1 Adopted the following resolution directing the modification of the existing construction contract, Change Order No. 1, for the Dahl Avenue Street and Utility Improvements for Woodhill Development, City project 05 -10: RESOLUTION 06 -01 -008 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05 -10, CHANGE ORDER NO. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05 -10, Dahl Avenue Street and Utility Improvements for Wood hill Subdivision, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 05 -10, Change Order No. 1, as an increase to said contract by an amount of $8,082.69, such that the new contract amount is now and hereby established as $431,900.19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 1 as a contract increase in the amount of $8,082.68. The revised contract amount is $431,900.19. No revisions to the project budget are proposed at this time, as these changes fall within the revised budget approved by city council on April 25 2005. City Council 01 -09 -06 11. Resolution for Adoption of 2006 Public Works Permit Fees After discussion, this item was tabled until additional information is provided. 12. 2006 Fuel Purchases — Approve Joint Purchasing Agreement with City of St. Paul Adopted the following Joint Powers Agreement with the City of St. Paul for joint Fuel Purchasing: JOINT POWERS AGREEMENT Between the City of Saint Paul and The City of Maplewood THIS AGREEMENT is made and entered into this 21 day of December 2005 by and between the City of Saint Paul (Ramsey County, Minnesota) hereinafter referred to as "the City" and the City of Maplewood (Ramsey County, Minnesota), whose address is 1830 County Road B East, hereinafter referred to as "Maplewood." WHEREAS, the City of Saint Paul and Maplewood, pursuant to the provisions of Minnesota Statute 471.59 are authorized to enter into an agreement to exercise jointly the governmental powers and functions each has individually; and WHEREAS, the City's Division of C purchasing, contracting, surplus dis achieve operating efficiencies and 1 WHEREAS, Maplewood wishes to NOW, THEREFORE, IT IS HEREB 1. The City of Saint Paul, procedu provide purch , and other services offered by the Division to Maplewood as requested by Maplewood in accordance with applicable Statutes and policies. 2. As agreed upon with Maplewood, the Division of Contract and Analysis Services may make purchases or establish other contracts jointly with the City or make purchases for Maplewood alone in the performance of the requested services. Regardless of the method selected, the City and Maplewood shall each make payment directly to any vendors or contractors according to established procedures and shall enter into its own ntract and Analysis Services is authorized to provide , and other services to other local governments to more favorable prices and conditions; and advantage of these benefits and services; ED by and between the parties hereto as follows: gh its Division of Contract and Analysis Services, pursuant to Saint Paul City Charter and applicable State Statutes, shall City Council 01 -09 -06 8 3 contract or agreement with the vendor. Neither party shall assume any responsibility for the accountability of funds expended by the other or the issuance of a purchase order or contract by the other party. Indemnification. Nothing in this Agreement shall constitute a waiver of the rights, privileges and benefits that each party is entitled to under Minnesota Statutes. Each party agrees that it will be responsible for its own acts and /or omissions and those of its officials, employees, representatives, and agents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acts k and /or omissions of the other party and the results The liability and the monetary limits of liability of th representatives, and agents shall be governed by j Claims Act, Minnesota Statutes Chapter 466, et se M parties, their officials, employees, provision of the Minnesota Torts other applicable law. As mutually agreed upon, Maplewood will compensate the City for actual costs incurred in the provision of the services described here G• Either party to this Agreement may terminate the Agreement with or without cause upon thirty (30) days prior written notice to the other party. 7 0 Neither party to this Agreement shall assign, delegate or transfer any rights or obligations under this Agreement without prior written consent from the other party. Any amendment or modification to this Agreement shall be in writing and shall not be effective until executed by all parties to this Agreement. 9 This Agreement contains the entire Agreement between the parties with regards to the matters set forth herein. 13. 61 Improvements — County Road D Court Improvements — TH 61 East Frontage Road Improvements (Beam to 1-694), City Projects 03- 07/04 -06 and 4 -25 — Resolution Combining Projects for Accounting Purposes Adopted the following resolution approving the combining of TH 61 Improvements (City Project 04 -06, Fund 558) and the TH 61 East Frontage Road Improvements (Beam to 1- 694) Improvements (City Project 04 -25, Fund 559) into a single project for accounting purposes (Fund 546): City Council 01 -09 -06 RESOLUTION 06 -01 -009 COMBINING TO A SINGLE PROJECT TH 61 IMPROVEMENTS COUNTY ROAD D COURT TH 61 EAST FRONTAGE ROAD WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made three Improvement Projects, as follows: 03 -07, TH 61 Improvements (Beam to Buerkle), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429 04 -06, County Road D Court Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429 04 -25, TH 61 East Frontage Road Improvements (Beam to 694), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429 WHEREAS, said projects have been combined NOW, THEREFORE, BE IT RESOLVED BY THE MINNESOTA, as follows: Said projects are hereby approved on purposes. COUNCIL OF MAPLEWOOD, 2. The Finance Director is hereby directed changes into one single project fund. 14. County Road D Court Improve Name Change to County Road for accounting purposes. ement said accounting Adopted the following resolution revising the name of County Road D Court to County Road D Circle: RESOLUTION 06 -01 -010 NAME CHANGE COUNTY ROAD D COURT TO COUNTY ROAD D CIRCLE WHEREAS, a resolution of the city council adopted the 9 th day of February 2004, ordered the improvement on the proposed County Road D Realignment Improvements (West of TH 61 to Highridge Court), City Project 02 -08, and WHEREAS, the City Council adopted a resolution on the 13 day of September 2004 establishing the name of a joint roadway with the City of Vadnais Heights to be called County Road D Court, and WHEREAS, the City of Vadnais Heights has requested said roadway to be called County Road D Circle and has agreed to pay all incidental costs for said name change, and WHEREAS, no Maplewood residents are adversely impacted by said name change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That said roadway shall hereby be called County Road D Circle. 2. The City Engineer is hereby directed to submit a certified copy of this resolution to the City Council 01 -09 -06 10 Ramsey County surveyor for initiation of said name change. 15. Financing Plan for Public Works Building Addition Approved the adjustment of the financing plan to match the anticipated final project costs as follows: 1) increased the estimated interest on investments by $23, 000, 2) increased the transfer for the fleet Management fund by $123,145, and 3) increased the transfer for the Environmental Utility Fund by $40,000. I. PUBLIC HEARINGS IIM J. AWARD OF BIDS 1. Buckthorn Removal a. City Manger Fursman presented the report. b. Parks and Recreation Director Anderson provided specifics from the report. Mayor Longrie moved to accept the staff report for Buckthorn removal at the Pr Preserve. Seconded by Councilmember Bartol Ayes-All Councilmember Juenemann moved to accept the low bid of $21,560 to Natural Resources Restoration for the buckthorn removal of the Priory Preserve. Seconded by Mayor Longrie Ayes-All a. City Manger Fursman presented the report. Parks and Recreation Director Anderson provided specifics from the report. Imember Juenemann Councilmember Hjelle Ayes-All Councilmember Juenemann moved to accept the bid from Nystrom Publishing in the amount of $48,773 for the 2006 publishing with the understanding that city staff will modify the number of printed pates to say within the allocated amount of $45,390 for the 2006 budget. Seconded by Councilmember Hjelle Ayes-All K. UNFINISHED BUSINESS 1. TH 5 and TH 120 Property, City Project 03 -20 — Resolution Calling for Public Hearing on January 23 on Bus Garage Proposal a. City Manger Fursman presented the report. City Council 01 -09 -06 11 b. City Engineer Ahl provided specifics from the report. Mayor Longrie moved to accept the staff report for the TH 5 and TH 120 excess MnDOT Property. Seconded by Councilmember Juenemann Ayes-All C. The following person was heard: Ron Cockriel, 943 Century Avenue, Maplewood Councilmember Juenemann moved to adopt the following resolution calling for a Public Hearing for January 23, 2006 at 7:00 p.m. on the TH 5 and TH 120 excess MnDOT Property for ISD #622, including a friendly amendment that at the conclusion of the public hearing a final decision will not be made: RESOLUTION 06 -01 -011 CALLING FOR PUBLIC HEARING WHEREAS, the Maplewood City Council has been requested to review a proposal from Independent School District No. 622 for relocation of their bus garage facility from North St. Paul to vacant MnDOT Property at the intersection of TH 5 and TH 120 (Century Avenue), and WHEREAS, said proposal requires extensive public review and comment, and WHEREAS, the Council desires to hear all relative comment on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The council will consider a presentation by the ISD #622 staff on a bus garage relocation proposal for the MnDOT property at TH 5 and TH 120. 2. A public hearing shall be held on such proposed proposal on the 23r day of January 2006 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required. Seconded by Councilmember Hjelle Ayes-All L. NEW BUSINESS 1. 2006 Public Hearing Policies and Procedures a. City Manger Fursman presented the report. b. City Clerk Guilfoile provided specifics from the report. Mayor Longrie moved to accept the staff report: Seconded by Councilmember Hjelle Ayes-All Councilmember Rossbach moved to adopt the following 2006 Public Hearing Policies and Procedures: City Council 01 -09 -06 12 li i.. , q_.t­ t% !'­­z It ft -e The d- e .x ­t be n de .,t C't C_isiiiJi_`L{ Tli at: t Y:sg _1 +.A "it' thA C A� 4_' f.:i ­,QJ,L-- NBplewood City Covincil Rolicyntid Procedures for i Public Hearing 1. R,_esi&ng I " 0�ftxef �Nla or ofAmlfg _Ma- t-r afmoulce the proposal to lie le7.wlewed and ash for the Staff report- Phe Ple=.idinz 0"ficer shat nsa. otailj strict ordef and etique at rioetings of the Council- 2. Staff 7,,-ill piesent their report oil the proposal. 1 Counc-1 members then ask Ciry Staff cluesilors about the proponil 4 T Piesic'Lig Officeisvill then open up the pub heaflllg rol iaalyolle pfe5ent that v-_nlle5 to corwifent on _ale .01-000"al. Coi-xllefils shicrild be liruted to fa.-e 6_' Mllllates fort' r e time � 2 a s S ian ed b-- the Pres-AlIZ Ofl-CeI. All commnents slioule be iirtcted to -lie Council is a bode- ind not toanvrldft-sal Collrfc_�' Member or-Cit-.- Staff Menlbex unless pernsission is gf-mted by the Presiding 0ffilcer, _'o orf cl-qll be, pefzn tted to el ol: thloia�h a entel: il:Do all'. Ct SMSS;,311, ea ir�eznber of the Colncilt,ithour the peinussion of the Pfesidlll2 Of facer. tt i. the andience n'islsivg to speak has his, ' her cornirents, the Presiding Officer shall :he pubb: henting. ouncl to -Men chscuss tFie proposal - No i public co are aEotred. The CounfiF 7 tlaen naalse a ieisoniniendatiolj,'s: and ofa decision- Milplewood City Covisicil 'Phis Is the -�Me ior the llubl.ic to ir�ahe of ask qv.estiorls abu.it the proposal. ME :'L-1'7 oerson desiring to address the co'_111( secv;re `_le oeffnisslon f.-0:1-1 tHe Pfe;1_&!1g Then adefess:lle, the Council, each penoli - , , hall , tate Iliq • her full n:Uue and adclfes hi an audible to-e for the perinanent record. :Y1 .r rcita for e.. k.eu o sw anoiiiei; lem 8,`Tl- City Council 01-09-06 13 Agenda item Ll Seconded by Mayor Longrie Ayes-All 2. Rules of Procedure for City Council and Council Meetings a. City Manger Fursman presented the report. b. City Clerk Guilfoile provided specifics from the report. Mayor Longrie moved to accept the staff report for the Rules of Procedure for the City Council and Council Meetings. Seconded by Councilmember Rossbach Ayes-All Mayor Longrie moved to approve the following change in the Rules of Procedure for C Council and Council Meetinas: A. Call to Order B. Pledge of Allegiance C. Roll Call D. Approval of Agenda E. Approval of Minutes F. Visitor Presentations G. Presentations H. Consent Agenda I. Public Hearings J. Award of Bids K. Unfinished Business Seconded by Councilmember Bartol Ayes-All 3. 2006 Cou a. City Manger Fursman presented the report. City Clerk Guilfoile specifics from the report. grie moved to accept the staff report for the 2006 Council Appointments: Seconded by Councilmember Rossbach Ayes-All Mayor Longrie moved to pull the Ramsey /Washington Suburban Cable Commission for Seconded by Councilmember Juenemann Ayes -Mayor Longrie, Councilmembers Bartol, Juenemann and Rossbach Nays - Councilmember Hjelle Mayor Longrie moved to accept the following 2006 Council Appointments: City Attorney: Patrick J Kelly Kelly & Fawcett Prosecuting Attorney: Patrick J Kelly Kelly & Fawcett City Council 01 -09 -06 14 Official Newspaper: Data Compliance Officers: City Compliance Officers City Personnel Officer City Law Enforcement Officer Maplewood Review Pioneer Press (alternate) Karen Guilfoile Sherrie Le David Thomalla Municipal Legislative Commission: Kathleen Juenemann (Monthy, wed - p.m.) Diana Longrie (alternate) Ramsey County League Will Rossbach of Local Governments: N.E.S.T: (First Tuesday @ 7:30 p.m.) Suburban Rate Authority (First month of quarter) St. Paul Water Utility Board of Commissioners (Second Monday @ 5:00 p.m.) Suburban Area Chamber of Commerce: The Partnership: (Tuesday a.m.) Joint Ice Arena Board: Fire Relief Association: Relief By -laws require Mayor to be member of the beard (Every other month/2 hrs.) Rush Line Corridor: 800 MHz Representative: LTITNTOTMOMWE No Representative Needed Longrie David'Kvam (Staff Representative) John Banick (Staff Representative) Erik Hjelle` David Bartol Bruce Anderson (Staff Representative) Diana Longrie Will Rossbach Chuck AN (Staff Representative) Kathleen Juenemann Will Rossbach (alternate) Acting Mayor 2006: Kathleen Juenemann Community Design Review Board: Diana Longrie (2 nd & 4th Tuesdays/2 hours) Shan Finwall (Staff Representative) Environmental Committee: Kathleen Juenemann (1' Tuesday/1-2 hours) DuWayne Konewko (Staff Representative) Housing Redevelopment Authority: David Bartol Melinda Coleman (Staff Representative) City Council 01 -09 -06 15 Human Relations Commission Kathleen Juenemann (Temporarily Disbanded) Karen Guilfoile (Staff Representative) Parks & Recreation Commission: David Bartol (3` Monday/2 hours) Bruce Anderson (Staff Representative) Planning Commission: (1 & 3` Mondays/2-3 hours) Police Civil Service Commission (As needed approximately 4 -10 times per year) Will Rossbach Ken Roberts (Staff Representative) Erik Hjelle Sherrie Le (Staff Representative) Seconded by Councilmember Juenemann Ayes-All Councilmember Bartol moved to accept the followinq the 2006 Council Appointme Ramsey /Washington Kim Facile Suburban Cable Commission: Erik Hjelle (alternate) Seconded by Mayor Longrie U Robert Cardinal (alternate) Ayes -Mayor Longrie, Councilmembers Hjelle and Bartol Nays - Councilmember Juenemann and Rossbach Reappointments mm a. City Manger Fursman presented the report. b. Assistant City Manager Coleman provided specifics from the report. Mayor Longrie moved to accept the staff report for the Planning Commission Reappointments. Seconded by Councilmember Rossbach Ayes-All Councilmember Rossbach moved to interview the three existing commissioner and two Seconded by Councilmember Juenemann Ayes-All 5. Community Design Review Board Reappointments a. City Manger Fursman presented the report. b. Assistant City Manager Coleman provided specifics from the report. Mayor Longrie moved to accept the staff report for the Design Review Board Reappointments. Seconded by Councilmember Hjelle Ayes-All City Council 01 -09 -06 16 Councilmember Rossbach moved to interview the two existing commissioner and the new candidates as soon as feasible. Seconded by Councilmember Juenemann 6. Police Civil Service Commission Reappointments a. City Manger Fursman presented the report. Ayes-All b. Human Resource Director Le provided specifics from the report. Councilmember Juenemann Commission Reappointment; Seconded by Councilmembe Councilmember Juenemann Service Commission Ream Seconded by Mayor Longrie 9:03 pm. - A recess was taken for 7 minutes. 7. Gladstone Area Redevelopment Improvements, City Project 04 -21 — Resolution Calling for Consideration of Alternative Concept for Redevelopment and Directing Additional Funds for Review a. City Manger Fursman presented the report. b. City Engineer AN provided specifics from the report. C. The fol Wayne Sachi, 1100 Frost Avenue, Maplewood Longrie moved to accept the staff report for the Gladstone Area Redevelopment aments. Councilmember Bartol Mayor Ayes -All recommendation, plus conduct one additional Public Meeting for consideration of this plan. This action would adiust the schedule for a March or early April 2006 presentation of the Master Plan to the City Council. Staff is also directed to adiust the project budget to $340,000 with the source of financing to be from future proiect revenues, plus $10,000 from the Environmental Utility Fund. Seconded by Councilmember Bartol Ayes -Mayor Longrie, Councilmembers Bartol and Hjelle Nays-Council members Juenemann and Rossbach City Council 01 -09 -06 17 8. Political Campaign Activity Policy /State Law Violations a. City Manger Fursman presented the report and specifics from the report. Mayor Longrie moved to not accept the staff report. Seconded by Councilmember Bartol Ayes -Mayor Longrie, Councilmembers Bartol and Hjelle Nays - Councilmembers Juenemann and Rossbach Mayor Longrie moved to request the following information from staff to be presented to council at the January 23� City Council Meeting: 1. The definition of political activity. 2. The history of the transfer of the fire station use by the firefighters of those fire stations. 3. Public forum vs non public forum. 4. Definition of: campaigning, campaigning types of activities fall in each of the categor 5. How section 14 of the Rules of Procedures was enacted 6. Comparison of the policy with other cities Seconded by Councilmember Hjelle Councilmember Juenemann Seconded by Mayor Longrie o the city and the custom of the mpaign activity and what ity Council and Council Meetings Ayes - Councilmembers Juenemann and Rossbach Nays -Mayor Longrie and Councilmembers Bartol and Hjelle 11:20 Mayor Longrie moved for a continuation of the meeting until all agenda items were completed. Seconded by Councilmember Bartol Ayes -All 9. IT Council Chambers Upgrade , I Mayor Longrie moved to table this item until the January 23 City Council Meeting. Seconded by Councilmember Rossbach Ayes-All COUNCIL PRESENTATIONS Emergency Management - Councilmember Juenemann invited the public to an open house Thursday, January 26 at 7:00 p.m. and the role it plays in public safety in Maplewood. 2. Trash Collection - Councilmember Rossbach has received requests to have the city consider moving to a single trash hauler. City Council 01 -09 -06 18 3. South Leg Meeting Update - Councilmember Rossbach notified the public the next South Leg Meeting topic will be on January 19 with the main topic being recycling. 4. Mayor's Forum -Mayor Longrie provided an update on her first Mayor's Forum. 5. Legislative Meeting -Mayor Longrie updated council members on her recent meeting with Commissioner Reinhardt. 6. Special Meeting - Councilmember Hjelle asked to delay his request for a special meeting. N. ADMINISTRATIVE PRESENTATIONS City Manager Fursman reminded council to be cautious of council meetings by phone or proxy. Mayor Longrie adjourned at 11 City Council 01 -09 -06 19 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Resolution of Appreciation for Diana Longrie DATE: January 11, 2006 INTRODUCTION Agenda Item G1 Attached is a resolution of appreciation for Diana Longrie. Ms. Longrie served as a member of the community design review board (CDRB) for three years and six months (May 28, 2002, to December 13, 2005). Ms. Longrie leaves the CDRB to become the Mayor of Maplewood on January 6, 2006. COMMITTEE ACTIONS The CDRB unanimously recommended approval of the resolution of appreciation for Ms. Longrie at their January 11, 2006, meeting. RECOMMENDATION Adopt the attached resolution of appreciation for Diana Longrie. Attachment: Resolution of Appreciation RESOLUTION OF APPRECIATION WHEREAS, Diana Longrie has been a member of the Maplewood Community Design Review Board for three years and six months, since May 28, 2002 and has served faithfully in that capacity; and WHEREAS, the Community Design Review Board has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Longrie has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Longrie has shown dedication to her duties and has consistently contributed her leadership and effort for the benefit of `the City. NOW, THEREFORE, HIS HEREBYRESOLVED for and on behatf of the City of Maplewood, Minnesota, and its citizens that Diana Longrie is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on , 2006. Richard Fursman, City Manager Passed by the Maplewood Community Design Review Board on January 10, 2006. Linda Olson, Chairperson Attest: Karen Guitfoile, City Clerk AGENDA NO. H -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: January 23, 2006 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: S 8,130.00 Manual Checks 4 68941 thru 4 68942 dated 1106/06 0 S 321.51 EFT 9 68943 dated 1110106 S 276,21521 Checks 4 68944 thru 9 69007 dated 1/06106 thru 1110106 S 1,271,059.60 Disbursements via debits to checking account dated 12/30/05 thru 01/05/06 S 3,973.69 EFT 9 69008 thru 9 69009 dated 01/17/06 S 474,864.48 Checks 4 69010 thru 4 69061 dated 01/13/06 thru 01/17/06 120,338.65 Disbursements via debits to checking account dated 01/06/06 thru 01/12/06 S 2,154,903.14 Total Accounts Payable PAYROLL S 491,905.88 Payroll Checks and Direct Deposits dated 01/13%06 S 2,674.75 Payroll Deduction check 9 103822 thru 9 103824 dated 01/13/06 S 494,580.63 Total Payroll S 2,649,483.77 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any question: on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments P: \EXCEL\APRCLMS \2006 \06- AprCIms 1 -06 and 1 -13 vchlist 0110612006 12:21:40 PM Check Date Vendor 6 8943 1/1012006 00555 GAYNOR, VIRGINIA 1 Checks in this report Check Register CITY OF MAPLEWOOD Description /Account REIMB FOR MILEAGE 9/9 TO 12/23 REIMB FOR MILEAGE 9/1 TO 12/27 Total checks Page: 1 Amount 14 &.17 173.34 321.51 2 vchlist Check Register Page: 1 0110612006 12:22:24 PM CITY OF MAPLEWOOD Check Date Vendor Description /Accoun Amount 68941 116/2006 01284 POSTMASTER RENEW PERMIT# 4903 130.00 68942 1/6!2006 01284 POSTMASTER REPLENISH PERMIT #4903 FOR 8,000.00 68944 1110/2006 03579 337 GROUP LLC REF GRADING ESC - 1870 RICE ST 18,156.44 68945 1110/2006 00134 ASSN OF METRO MUNICIPALITIES MEMBERSHIP DUES 8,798.00 68946 1/1012006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 126.00 68947 1/10/2006 00198 BOARD OF WATER COMMISSIONERS ANNUAL AUTO FIRE SUPPLY 700.00 68948 1/10/2006 00252 CAPITOL CITY REG FIRE FIGHTERS REGION 1 MEMBERSHIP DUES 50.00 68949 1110/2006 02114 CARL BOLANDER & SONS CO. REF GRADING ESC -2196 WHITE 2,504.18 68950 1/1012006 00283 CENTURY COLLEGE FIREFIGHTER TRAINING 254.22 TRAINING SITE MEMBERSHIP 150.00 68951 1/10/2006 02929 CNAGLAC LONG TERM CARE INSURANCE 907.04 68952 1/10/2006 00241 CSI SOFTWARE KEY TAGS 285.00 68953 1110/2006 03313 DAMARCO SOLUTIONS LLC HAZARD COMMUNICATIONS SRV 1,500.00 68954 1/1012006 03473 DAN KRIVIT & ASSOCIATES RECYCLING CONSULTANT 1,950.00 68955 1/10/2006 02791 DAVIS & LAGERMAN INC PROJ 02 -07 LAND APPRAISAL 500.00 68956 1110/2006 00384 DE LADE LANDEN FINANCIAL SRVS COPIER LEASE 379.14 68957 1110/2006 00384 DE LAGE LANDEN FINANCIAL SRVS RICOH COPIER LEASE - JAN 161.88 68958 111012006 00451 EGAN -MCKAY ELECTRICAL CONTR REPAIR AIR COMPRESSOR 395.90 68959 1/10/2006 00487 F.M. FRATTALONE EXC INC PROJ 02 -07 COUNTY RD D PYMT 46,759.11 68960 1/10/2006 00485 FBINAA NORTHWEST CHAPTER ANNUAL MEMBERSHIP 120.00 68961 1/10/2006 02707 FIRE -GUARD SPRINKLER SRV INC FIRE SPRINKLER SERVICE 192.50 68962 1/1012006 00587 GOVERNMENT TRAINING SERVICE E- PAYMENT SEMINAR 60.00 68963 1/10/2006 03339 GRAFFIC TRAFFIC LLC FIRE EXPLORER UNIFORMS 674.00 68964 1110/2006 03155 HIBBERD, JOSEPH H FOOD INSPECTIONS 1,119.25 68965 1110/2006 00483 IDEACOM MID - AMERICA PHONE SYSTEM SOFTWARE 613.00 68966 1/1012006 02237 IMPERIAL IMPRESSIONS AMBULANCE REPORT BOOKS 762.70 68967 1/10/2006 03575 K L ANDERSON REMODELING INC REF GRADING ESC - 2673 300.00 68968 1/10/2006 00789 KATH FUEL OIL SERVICE CO POLAR PLUS DIESEL FUEL LOW 13,139.33 68969 1110/2006 01894 KELLY & FAWCETT PA LEGAL SERVICES - DEC 19,890.85 PROSECUTION SERVICES - DEC 9,825.00 68970 1/1012006 00393 LABOR & INDUSTRY, DEPT OF MONTHLY SURTAX - DEC 1,627.30 68971 1/10/2006 03324 MCGREGOR DESIGN DESIGN WORK - INTERPRETIVE 552.00 68972 1/10/2006 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 8,857.29 68973 1110/2006 01085 MN LIFE INSURANCE MONTHLY PREMIUM 4,190.55 68974 1/1012006 01051 MN OCCUPATIONAL HEALTH PRE - EMPLOYMENT PHYSICALS 3,847.00 68975 1/10/2006 01115 MUNICIPAL LEGISLATIVE COMM ANNUAL DUES 8,973.00 68976 1110/2006 01149 NATURAL RESOURCES RESTOR INC BUCKTHORN REMOVAL - JOY 4,025.70 68977 1110/2006 01156 NELSON, JEAN REIMB FOR MILEAGE 12 -1 TO 12- 28.52 68978 111012006 03587 NORTHERN STAR COUNCIL LEARNING FOR LIFE POLICE 125.00 68979 1/10/2006 03585 NORTHWAY IRRIGATION PROJ 03 -04 KENNARD ST 649.00 68980 1/10/2006 01215 OLSON, SANDRA K REIMB FOR MILEAGE 9/27 - 1017 4.85 68981 1/10/2006 01218 ON SITE SANITATION TEMP BATHROOMS FOR PW 165.91 TEMP BATHROOMS FOR PW 41.48 68982 111012006 00001 ONE TIME VENDOR REF ROCHELLE JOHNSON - 37.50 68983 1/10/2006 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 638.85 68984 1/10/2006 01256 PERSONNEL DECISIONS INTL SARGEANT PROMOTIONAL 1,283.78 68985 1/10/2006 03151 PETTY CASH REPLENISH PETTY CASH 144.68 68986 1/1012006 01345 RAMSEY COUNTY NOTARY REGISTRATION 100.00 68987 1/6/2006 02358 RAMSEY COUNTY SHERIFF METH CONFERENCE 400.00 68988 1110/2006 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 63.14 68989 1110/2006 01360 REINHART FOODSERVICE MERCH FOR RESALE 380.52 68990 1/1012006 03446 RICK JOHNSON DEER & BEAVER INC DEER REMOVAL - DEC 200.00 68991 1/10/2006 03586 SECRETARY OF STATE NOTARY PUBLIC RENEWAL 40.00 68992 1/10/2006 01488 SOUTTER, CHRISTINE REIMB FOR MILEAGE 1 -1 TO 12 -31 34.65 68993 1110/2006 01410 SPI DESIGN GROUP FREIGHT 7.50 68994 1/1012006 01823 ST CROIX RECREATION CO INC REPAIR PARTS 1,698.68 3 vchlist Check Register Page: 1 0110612006 12:22:24 PM CITY OF MAPLEWOOD Check Date Vendor Description /Accoun 68995 1/1012006 02086 ST PAUL AREA CHAMBER OF COMM MEMBERSHIP DUES 68996 1/1012006 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 68997 111012006 01537 STREAMLINE DESIGN INC. BASKETBALL PROGRAM SHIRTS BASKETBALL PROGRAM SHIRTS BASKETBALL PROGRAM SHIRTS 68998 1110/2006 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -08 CTY RD D PYMT #6 68999 111012006 01578 T.R.F. SUPPLY CO. TOWELS 69000 1/10/2006 00150 TALLEN & BAERTSCHI MN POLICE BRIEFS 69001 1/1012006 03559 TOENJES, HUBERT REF GRADING ESC - 1966 69002 1/10/2006 01651 TROPHIES UNLIMITED NAME PLATES 69003 1/1012006 00529 UNION SECURITY INSURANCE CO MONTHLY LTD PREMIUM 69004 1/10/2006 01699 UNIVERSITY OF MINNESOTA TRAINING 69005 111012006 01674 USPCA MEMBERSHIP DUES 69006 1110/2006 01750 WATSON CO INC, THE MERCH FOR RESALE 69007 1/1012006 01754 WEBER & TROSETH INC. FIRE EXT ANNUAL CERTIFICATION FIRE EXT ANNUAL CERTIFICATION FIRE EXT ANNUAL CERTIFICATION 66 Checks in this report Total checks Amount 391.00 795.91 1,007.25 1,338.75 1,479.00 86,615.78 161.88 100.00 12,103.71 13.85 2,998.83 140.00 80.00 365.99 69.00 78.50 85.32 284,345.21 0 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 12/29105 12/30/05 12/30/05 12/30/05 12/30/05 12/30/05 12/30/05 12/30/05 12/31/05 01/03/06 12/30/05 01/04/06 01/04/06 12/30/05 12/30/05 12/30/05 01/03/06 01/03/06 01/03/06 01/03/06 01/03/06 01/03/06 01/04/06 01/04/06 01/04/06 01/05/06 MN State Treasurer ICMA (Vantagepointe) Orchard Trust MN State Treasurer U.S. Treasurer P. E.R.A. Labor Unions MN Dept of Natural Resources US Bank MN State Treasurer MN State Treasurer JP Morgan Chase MN State Treasurer TOTAL Description Drivers License /Deputy Registrar Deferred Compensation Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Union Dues DNR electronic licenses Credit Card fees Drivers License /Deputy Registrar State Payroll Tax Investment purchase Drivers License /Deputy Registrar rr:r."r.� 16,232.43 7,825.47 25,546.62 12,473.20 93,905.51 54,266.67 3,580.78 3,570.00 1,717.20 16,037.31 19,035.16 996,880.00 19,989.25 1,2 11 ,U5!J.bu vchlist 01/1312006 12:58:02 PM Check Register CITY OF MAPLEWOOD Check Date Vendor Description(Accoun Amouni 69008 1(1712006 02113 FURSMAN, RICHARD REIMB FOR TUITION & BOOKS 69009 111712006 02652 TETZLAFF, JUDY REIMB FOR TUITION & BOOKS 2 Checks in this report Total checks 1,893.95 2,079.74 3,973.69 0 vchlist 0111312006 1:00:30 PM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69010 111712006 01809 AGGREGATE INDUSTRIES NCR INC SAFETY GRIT - TAX & DELIVERY 1,677.43 69011 1117/2006 03588 AMERICAN SOC OF COMPOSERS, AUTHORS LICENSE AGREEMENT 268.00 69012 111712006 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 12117- 851.57 69013 111712006 03589 BECK, YANCY REIMB FOR BOOKS 10175 69014 111712006 00210 BRAUER & ASSOCIATES, LTD APPLEWOOD PARK PROF SRVS 11,115.22 LEGACY PARK PROF SRVS 326.73 APPLEWOOD PARK PROF SRVS 6,717.47 69015 1/17/2006 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND 50.00 69016 111712006 03347 CATCO PARTS & SERVICE REPAIR POWER DIVIDER UNIT 3,022.58 69017 111712006 00358 DGM INC. TOW FORFEITURE VEHICLE 90.53 TOW FORFEITURE VEHICLE 143.78 TOW FORFEITURE VEHICLE 143.78 TOW STOLEN VEHICLE 122.48 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW VEHICLE 122.48 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 TOW FORFEITURE VEHICLE 111.83 69018 111712006 02743 DOBLAR, RICHARD REIMB FOR TUITION & BOOKS 690.34 69019 1/17/2006 03444 DOUGLASS, TOM REIMB FOR TUITION & BOOKS 538.47 69020 111712006 03463 EBERT CONSTRUCTION APPLEWOOD PARK PYMT #5 11,814.45 69021 111712006 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - DEC 120.00 69022 111712006 00520 FLOR, TIMOTHY W REIMB FOR TUITION & BOOKS 682.42 69023 1117/2006 03516 GABRIEL, ANTHONY REIMB FOR TUITION & BOOKS 690.34 69024 111312006 00691 HURLEY, STEVE LEGAL CLAIMS RELEASE 50,000.00 69025 1117/2006 03323 IDENTI -KIT SOLUTIONS IDENTI -KIT SOFTWARE 408.00 69026 111712006 00718 INDEPENDENT SCHOOL DIST #622 COOPERATIVE FACILITY USE 28,391.07 69027 1/17/2006 03590 ING /MID- AMERICA ADMIN & RETIRE CITY PAID HRA 1 -13 -06 PAYROLL 3,109.33 69028 111712006 03591 INSIDE THE TAPE TRAINING COURSE TUITION 225.00 69029 1/17/2006 00789 KATH FUEL OIL SERVICE CO UNL MID -GRADE 89 OCTANE GAS 14,036.00 69030 1/1712006 00807 KOEHNEN, MARY REIMB FOR TUITION & BOOKS 886.38 69031 1117/2006 00820 KUSTOM SIGNALS INC LIDAR SPEED DETECTION DEVICE 3,157.73 69032 111712006 02336 M A TAYLOR INC FITNESS CONSULTANT - 4TH QTR 1,735.00 69033 1/17/2006 00908 M R P A AWARDS LUNCHEON 30.00 69034 1/1712006 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 2005 2,793.89 69035 1/17/2006 00942 MARSDEN BLDG MAINTENANCE CO CLEAN BASEMENT - SEWER 1,53141 69036 111712006 02823 MARTIN, JERROLD REIMB FOR TENNIS SHOES 64.99 69037 1/1712006 02455 MJOA JUVENILE OFFICERS 195.00 69038 1/1712006 01079 MN CHIEFS OF POLICE ASSN TRAINING REGISTRATION 560.00 69039 1/17/2006 00901 MN GFOA MN GFOA MEMBERSHIPS 120.00 69040 111712006 01145 NATL LAW ENFORCEMENT CONF NATL LAW ENFORCEMENT EXPL 2,200.00 69041 1/17/2006 02909 NORTH AMERICAN SALT CO DEICING SALT- 13,539.64 DEICING SALT- 307.14 DE -ICING SALT- 6,704.76 69042 111712006 02629 NOVACARE CBO PRE - EMPLOYMENT PHYSICALS 1,170.00 69043 1/17/2006 00001 ONE TIME VENDOR REF MARK MARTY - MEMBERSHIP 9117 69044 111712006 00001 ONE TIME VENDOR REF STANDARD HTG - MECH PRMT 66.10 69045 1/1712006 01337 RAMSEY COUNTY -PROP REC & REV SPECIAL ASSESSMENT CHARGES 4,815.00 69046 1/1712006 03073 SANDERS WACKER BERGLY INC LANDSCAPE ARCH SRVS - OCT 75.00 69047 1/17/2006 03215 SHAFER CONTRACTING CO INC PROJ 02 -07 CTY RD D 236,197.39 69048 111712006 01455 SHORTREED, MICHAEL REIMB FOR TUITION & BOOKS 798.75 69049 1/17/2006 01463 SISTER ROSALIND GEFRE MASSAGES - DEC 2,658.00 MCC MASSAGES - NOV 2,399.00 69050 1/1712006 01488 SOUTTER, CHRISTINE REIMB FOR MILEAGE 1 -9 -06 38.94 REIMB FOR MILEAGE 1/1 TO 77.68 69051 1/17/2006 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 3,505.40 7 vchlist 0111312006 1:00:30 PM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account 69052 111712006 01574 T.A. SCHIFSKY & SONS, INC BLACKTOP WALKING PATH 69053 1117/2006 01578 T.R.F. SUPPLY CO. MAINTENANCE SUPPLIES MAiNT SUPPLIES 69054 111712006 01588 TAUBMAN, DOUGLAS J REIMB FOR MILEAGE 113 TO 1110 69055 111712006 01580 TSE, INC. JANITORIAL SRVS 11113 -12/25 69056 1/1712006 02069 ULTIMATE DRAIN SERVICES INC PROJ 03 -18 TELEVISE MAIN LINE 69057 1117/2006 01683 UNIFORMS UNLIMITED INC UNIFORM PURCHASES - DEC 69058 111712006 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 69059 1117/2006 01750 WATSON CO INC, THE MERCH FOR RESALE 69060 111712006 01876 WHAT WORKS INC PROF DEVELOPMENT 69061 1/17/2006 01190 XCEL ENERGY GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY ELECTRIC & GAS UTILITY GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY ELECTRIC UTILITY 52 Checks in this report Total checks : Amount 1,900.00 628.43 617.67 9.35 1,303.50 395.00 6,947.76 685.43 342.18 700.00 537.30 44.48 22,022.28 4,078.17 11,750.02 1,161.17 474,864.48 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 01/05/06 01/06/06 MN State Treasurer 12/30/05 01/06/06 WI Dept of Revenue 01/03/06 01/06/06 ARC Administration 01/06/06 01/09/06 MN State Treasurer 01/06/06 01/09/06 MN Dept of Natural Resources 01/09/06 01/10/06 MN State Treasurer 01/10/06 01/11/06 MN State Treasurer 01/06/06 01/11/06 US Bank VISA One Card* 01/11/06 01/12/06 MN State Treasurer 01/06/06 01/12/06 Elan Financial Services* TOTAL Description Drivers License /Deputy Registrar State Payroll Tax DCRP & Flex plan payments Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar Purchasing card items *Detailed listing of VISA purchases is attached. 16,275.43 2,498.72 1,175.13 16,055.64 3,206.50 14,421.13 19,859.38 33,438.70 13,399.61 8.41 120,338.65 Transactions 12 -24 -05 to 01- 06 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20051231 20060102 U OF M CCE ON LINE $260.00 R CHARLES AHL 20051229 20060102 UNIFORMS UNLIMITED INC $1,702.94 SCOTTANDREWS 20051222 20051226 RAINBOW FOODS 00088526 $22.94 MANDY ANZALDI 20060104 20060105 TARGET 00011858 $15.60 MANDY ANZALDI 20060105 20060106 TARGET 00011858 $35.94 MANDY ANZALDI 20051227 20051228 QWEST *COMMUNICATION $1,346.00 JOHN BANICK 20051223 20051226 THERMO -DYNE INC $416.35 JIM BEHAN 20051223 20051226 HENRIKSEN ACE HARDWARE $53.06 JIM BEHAN 20051230 20060102 MUSKA LIGHTING CENTER $310.52 JIM BEHAN 20060103 20060105 WW GRAINGER 500 $275.28 JIM BEHAN 20051228 20051229 MENARDS 3059 $17.70 ROGER BREHEIM 20060105 20060106 MENARDS 3059 $7.44 ROGER BREHEIM 20051229 20051230 FEDEX KINKO'S #0617 $95.85 HEIDI CAREY 20051229 20051230 FEDEX KINKO'S #0617 $95.85 HEIDI CAREY 20060103 20060104 TARGET 00011858 $18.05 HEIDI CAREY 20060104 20060105 FEDEX KINKO'S #0617 $232.55 HEIDI CAREY 20060104 20060105 PAYPAL *ABSOLUTEACR $49.40 HEIDI CAREY 20051223 20051226 TIME WARNER CABLE $109.79 LINDA CROSSON 20060103 20060104 WMS *WASTE MGMT WMEZPAY $843.54 LINDA CROSSON 20051228 20051229 COMCAST CABLE COMM $107.35 ROBERTA DARST 20060104 20060105 FASTENAL CO MO TO $52.33 DOUG EDGE 20051229 20060102 TRUCK UTILITES INC $127.80 DAVE EDSON 20051222 20051226 OFFICE MAX 00005272 $93.67 LARRY FARR 20051227 20051229 RED WING SHOE STORE $111.57 LARRY FARR 20051230 20060102 TMS JOHNSON, INC. $79.88 LARRY FARR 20051227 20051229 STREAMLINE DESIGN INC $202.50 GREG FINN 20051227 20051229 STREAMLINE DESIGN INC $34.00 GREG FINN 20051222 20051226 OFFICE MAX 00002204 $340.76 DAVID FISHER 20051229 20051230 LABSAFE* $48.23 DAVID FISHER 20051231 20060102 INSIGHT PUBLIC SECTOR $468.10 MYCHAL FOWLDS 20051223 20051226 2CO.COM *ATHENASMART $333.00 NICK FRANZEN 20060104 20060105 INSIGHT PUBLIC SECTOR $458.10 NICK FRANZEN 20051228 20051230 MINNESOTA NURSERY & LANDS $85.00 VIRGINIA GAYNOR 20051229 20060102 THE HOME DEPOT 2801 $18.08 DAVID GERMAIN 20060105 20060106 MENARDS 3059 $214.90 DAVID GERMAIN 20051227 20051228 S & T OFFICE PRODUCTS $224.35 JEAN GLASS 20051228 20051229 S & T OFFICE PRODUCTS $161.28 JEAN GLASS 20060104 20060105 ARVEY PAPER & OFFICE PRO $367.16 JEAN GLASS 20060105 20060106 COMPUSA 294 $159.74 JANET M GREW HAYMAN 20060105 20060106 ICI- DULUX- PAINTS #0092 $26.68 MARK HAAG 20060103 20060104 ARVEY PAPER & OFFICE PRO $226.01 LORI HANSEN 20051222 20051226 METRO SALES INC $1,266.00 LORI HANSON 20051223 20051226 S & T OFFICE PRODUCTS ($93.45) LORI HANSON 20060101 20060102 MENARDS 3059 $129.71 PATRICK HEFFERNAN 20051230 20060102 WEBER & TROSETH INC $8.00 ANN E HUTCHINSON 20060101 20060103 DE LAGE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 20060102 20060104 OFFICE MAX 00002204 $15.51 MARY B KOEHNEN 20060104 20060106 THE HOME DEPOT 2801 $3.60 MARY B KOEHNEN 20060105 20060106 TARGET 00011858 $44.68 MARY B KOEHNEN 20060103 20060104 PRESTIGE CAMERA $2,316.78 DAVID KVAM 20060104 20060105 U OF M CCE ON LINE $245.00 ERIN M LABEREE 20051230 20060102 NPELRA $250.00 SHERYL L LE 20051228 20051229 MENARDS 3022 $94.10 DENNIS LINDORFF 20051229 20051230 OXYGEN SERVICE CO $18.05 DENNIS LINDORFF i[�7 Transactions 12 -24 -05 to 01- 06 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20051231 20060102 AIRGAS NORTH CENTRAL INT $156.23 STEVE LUKIN 20060101 20060102 AIRGAS NORTH CENTRAL INT $939.61 STEVE LUKIN 20051228 20051230 ON SITE SANITATION INC $11.30 MARK MARUSKA 20060104 20060106 HENRIKSEN ACE HARDWARE $44.98 MARK MARUSKA 20060104 20060105 TARGET 00006940 $63.15 JON A MELANDER 20051228 20051229 METROCALL ARCH WIRE $39.35 ED NADEAU 20060104 20060105 LESCO SC 0530 $426.00 JOHN NAUGHTON 20060104 20060105 NORTHERN TOOL EQUIPMNT $12.74 RICHARD NORDQUIST 20051227 20051228 HENRIKSEN ACE HARDWARE $21.32 PHILIP F POWELL 20051228 20051230 EFOAMSTORE $44.26 PHILIP F POWELL 20051229 20051230 ABACUS PLUS SERVICES INC $241.45 PHILIP F POWELL 20060101 20060102 APPROVED GAS MASKS.COM $38.75 PHILIP F POWELL 20060104 20060105 LAW ENFORCEMENT TARGETS $187.24 PHILIP F POWELL 20060105 20060106 BEST BUY 00000109 $179.94 PHILIP F POWELL 20060105 20060106 BATTERIES PLUS $40.57 PHILIP F POWELL 20060101 20060102 TARGET 00011858 $169.98 ROBERT PRECHTEL 20060103 20060105 STRYKER SALES CRP MED $1,777.00 ROBERT PRECHTEL 20060104 20060105 EMERGENCY MEDICAL PROD $179.98 ROBERT PRECHTEL 20060105 20060106 BOUND TREE MEDICAL LLC $364.23 ROBERT PRECHTEL 20060105 20060106 BOUND TREE MEDICAL LLC $352.02 ROBERT PRECHTEL 20060102 20060103 SPRINT *WIRELESS SVCS $657.63 WILLIAM J PRIEFER 20051223 20051226 KREMER SPRING ALIGNMENT & $939.85 STEVEN PRIEM 20051228 20051229 KATH AUTO PARTS NSP $25.65 STEVEN PRIEM 20051228 20051229 KATH AUTO PARTS NSP $2.66 STEVEN PRIEM 20051228 20051229 KATH AUTO PARTS NSP $65.56 STEVEN PRIEM 20051228 20051230 TOUSLEY FORD 127200039 $133.91 STEVEN PRIEM 20051229 20051230 POLAR CHEVROLET $24.42 STEVEN PRIEM 20051229 20051230 POLAR CHEVROLET $10.48 STEVEN PRIEM 20051229 20051230 NORTHERN TOOL EQUIP -MN $269.49 STEVEN PRIEM 20051229 20060102 TOUSLEY FORD 127200039 $14.11 STEVEN PRIEM 20051229 20060102 FACTORY MOTOR PARTS $206.76 STEVEN PRIEM 20051230 20060102 KATH AUTO PARTS NSP $75.92 STEVEN PRIEM 20060103 20060104 UNIQUE TRUCK EQUIPMENT 1 $189.90 STEVEN PRIEM 20060103 20060105 TRUCK UTILITES INC $118.77 STEVEN PRIEM 20060103 20060105 FACTORY MOTOR PARTS $85.11 STEVEN PRIEM 20060104 20060105 KATH AUTO PARTS NSP $31.03 STEVEN PRIEM 20060104 20060105 MTI DISTRIBUTING, INC. -PL $231.25 STEVEN PRIEM 20060104 20060106 TRUCK UTILITES INC $24.50 STEVEN PRIEM 20060104 20060106 KREMER SPRING ALIGNMENT & $939.85 STEVEN PRIEM 20060104 20060106 KREMER SPRING ALIGNMENT & $939.85 STEVEN PRIEM 20060105 20060106 H & L MESABI COMPANY $646.99 STEVEN PRIEM 20060105 20060106 H & L MESABI COMPANY $517.38 STEVEN PRIEM 20060105 20060106 MACQUEEN EQUIPMENT INC $319.44 STEVEN PRIEM 20060105 20060106 MACQUEEN EQUIPMENT INC $477.87 STEVEN PRIEM 20051223 20051230 DALCO ENTERPRISES, INC $450.74 MICHAEL REILLY 20051229 20051230 HILLYARD INC MINNEAPOLIS $336.32 MICHAEL REILLY 20060105 20060106 HILLYARD INC MINNEAPOLIS $140.39 MICHAEL REILLY 20051226 20051229 SCIENCE MUSEUM BOX OFFICE $92.50 AUDRA ROBBINS 20051227 20051228 MAPLEWOOD PARKS AND RECRE $12.00 AUDRA ROBBINS 20051227 20051229 MICHAELS #2744 $34.45 AUDRA ROBBINS 20051227 20051229 WONDER/HOSTESS #63 $35.10 AUDRA ROBBINS 20051228 20051229 TARGET 00011858 $64.73 AUDRA ROBBINS 20051228 20051230 GRAND SLAM SPORTS $386.17 AUDRA ROBBINS 20051229 20051230 TARGET 00011858 $41.09 AUDRA ROBBINS ill Transactions 12 -24 -05 to 01- 06 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20051222 20051226 OFFICE MAX 00002204 $95.31 DEB SCHMIDT 20051224 20051226 OFFICE MAX 00007013 $181.04 DEB SCHMIDT 20051227 20051228 SILHOUETTE IMAGING INC $258.80 DEB SCHMIDT 20051227 20051228 CURTIS 1000 $93.87 DEB SCHMIDT 20051229 20060102 SHRED -IT 01 OF 01 $17.65 DEB SCHMIDT 20060102 20060103 FAF* FASB GASB PUBLCTN $26.40 DEB SCHMIDT 20060103 20060104 S & T OFFICE PRODUCTS $33.27 DEB SCHMIDT 20060104 20060106 OFFICE DEPOT #1090 $60.69 DEB SCHMIDT 20051227 20051229 ARAMARK REF SVS #6013- $589.27 RUSSELL L SCHMIDT 20051228 20051230 CLOVER SUPER FOODS $138.79 RUSSELL L SCHMIDT 20060101 20060102 T- MOBILE $46.36 SCOTT SCHULTZ 20051223 20051226 S & T OFFICE PRODUCTS ($2.49) ANDREA SINDT 20051223 20051226 S & T OFFICE PRODUCTS $2.84 ANDREA SINDT 20051229 20051230 T- MOBILE $25.23 ANDREA SINDT 20051230 20060102 SENSIBLE LAND USE COAL $200.00 ANDREA SINDT 20051230 20060102 SPRINT *WIRELESS SVCS $398.01 ANDREA SINDT 20060103 20060104 WALGREEN 00016873 $15.95 PAULINE STAPLES 20051228 20051229 S & T OFFICE PRODUCTS $122.92 JOANNE M SVENDSEN 20051230 20060102 ASPEN MILLS 8005717343 $60.35 RUSTIN SVENDSEN 20051230 20060102 ANCOM TECHNICAL CENTER IN $484.59 RUSTIN SVENDSEN 20051222 20051226 MINVALCO INC $51.82 LYLE SWANSON 20051227 20051229 HIRSHFIELD'S MAPLEWOOD $40.04 LYLE SWANSON 20051228 20051230 HIRSHFIELD'S MAPLEWOOD $24.18 LYLE SWANSON 20051229 20051230 NSC *NORTHERN SAFETY CO $44.63 LYLE SWANSON 20051229 20060102 MINVALCO INC $453.52 LYLE SWANSON 20051229 20060102 THE HOME DEPOT 2801 $3.50 LYLE SWANSON 20051230 20060102 SPARTAN PROMOTIONAL GRP $238.61 DOUGLAS J TAUBMAN 20051230 20060102 SPARTAN PROMOTIONAL GRP $543.80 DOUGLAS J TAUBMAN 20060101 20060102 T- MOBILE $105.70 DOUGLAS J TAUBMAN 20051225 20051226 QWESTCOMM *TN651 $57.65 JUDY TETZLAFF 20051227 20051228 ORTIVUS INC $70.79 JUDY TETZLAFF 20051227 20051229 AMERICAN AIR0012143705069 $146.30 DAVID J THOMALLA 20051227 20051229 AMERICAN AIR0012143705070 $146.30 DAVID J THOMALLA 20051229 20051230 INT'L ASSN OF CH101 OF 01 $100.00 DAVID J THOMALLA 20060103 20060104 ENGRG NEWS RECORDS $49.00 JUDY WEGWERTH 20051223 20051226 PIONEER PRESS SUBSCRIPTI $31.20 SUSAN ZWIEG 20051229 20060102 QUILL CORPORATION $211.96 SUSAN ZWIEG 20060104 20060106 USPS POSTAL STORE $85.00 SUSAN ZWIEG $33,438.70 12 Transaction Review For Transactions posted between 12/24/2005 to 01/06/2006 Post Date Vendor Name Settlement Amt Cardholder Name 12 }261 DIGIKAD 01/05,`2006 DIGIKAD 12/28/2005 S & T OFFICE PRODUCTS 111712006 1,584.96 PHILIP F POWELL - 1,584.96 PHILIP F POWELL 8.41 DEB SCHMIDT 8.41 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD iC! CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 01113/06 HJELLE, ERIK 397.84 dd 01113/06 JUENEMANN, KATHLEEN 397.80 dd 01113/06 ROSSBACH, WILLIAM 397.80 dd 01113/06 COLEMAN, MELINDA 4,334.28 dd 01113/06 DARST, ROBERTA 1,837.49 dd 01113/06 FURSMAN, RICHARD 5,133.58 dd 01113/06 FARR, LARRY 1,795.05 dd 01113/06 SWANSON, LYLE 1,792.96 dd 01113/06 LE, JENNIFER 63.00 dd 01113/06 LE, SHERYL 4,188.25 dd 01113/06 RAMEAUX, THERESE 2,413.30 dd 01113/06 FAUST, DANIEL 4,356.42 dd 01113/06 SCHMIDT, DEBORAH 1,548.96 dd 01113/06 BAUMAN, GAYLE 3,487.43 dd 01113/06 JACKSON, MARY 1,846.56 dd 01113/06 KELSEY, CONNIE 1,781.65 dd 01113/06 TETZLAFF, JUDY 1,846.55 dd 01113/06 FRY, PATRICIA 1,744.96 dd 01113/06 GUILFOILE, KAREN 3,052.70 dd 01113/06 MORSON, JOHN 616.00 dd 01113/06 CARLE, JEANETTE 3,527.08 dd 01113/06 JAGOE, CAROL 1,655.67 dd 01113/06 JOHNSON, BONNIE 1,009.25 dd 01113/06 MECHELKE, SHERRIE 947.91 dd 01113/06 MOY, PAMELA 813.64 dd 01113/06 OLSON, SANDRA 1,493.50 dd 01113/06 OSTER, ANDREA 1,828.82 dd 01113/06 WEAVER, KRISTINE 1,813.75 dd 01113/06 BANICK, JOHN 3,930.94 dd 01113/06 CORCORAN, THERESA 1,661.35 dd 01113/06 POWELL, PHILIP 2,302.84 dd 01113/06 RICHIE, CAROLE 1,660.28 dd 01113/06 SPANGLER, EDNA 308.00 dd 01113/06 THOMALLA, DAVID 4,366.60 dd 01113/06 ABEL, CLINT 2,512.93 dd 01113/06 ALDRIDGE, MARK 2,815.78 dd 01113/06 ANDREWS, SCOTT 3,167.15 dd 01113/06 BAKKE, LONN 2,523.52 dd 01113/06 BELDE, STANLEY 2,725.78 dd 01113/06 BIERDEMAN, BRIAN 2,441.16 dd 01113/06 BOHL, JOHN 2,773.21 iC! CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 01113/06 BUSACK, DANIEL 2,365.93 dd 01113/06 COFFEY, KEVIN 2,777.14 dd 01113/06 CROTTY, KERRY 2,537.13 dd 01113/06 DOBLAR, RICHARD 2,847.50 dd 01113/06 DUNN, ALICE 2,478.28 dd 01113/06 GABRIEL, ANTHONY 2,324.84 dd 01113/06 HALWEG, KEVIN 14,596.00 dd 01113/06 HEINZ, STEPHEN 2,570.96 dd 01113/06 HIEBERT, STEVEN 2,770.78 dd 01113/06 JOHNSON, KEVIN 3,656.96 dd 01113/06 KALKA, THOMAS 659.43 dd 01113/06 KARIS, FLINT 3,140.61 dd 01113/06 KONG, TOMMY 2,704.52 dd 01113/06 KROLL, BRETT 2,365.93 dd 01113/06 KVAM, DAVID 3,473.42 dd 01113/06 LANGNER, TODD 1,775.24 dd 01113/06 LU, JOHNNIE 2,921.27 dd 01113/06 MARINO, JASON 2,367.63 dd 01113/06 MARTIN, JERROLD 2,478.27 dd 01113/06 MCCARTY, GLEN 2,072.98 dd 01113/06 METRY, ALESIA 2,441.16 dd 01113/06 NYE, MICHAEL 2,076.52 dd 01113/06 OLSON, JULIE 2,465.26 dd 01113/06 RABBETT, KEVIN 3,536.90 dd 01113/06 RHUDE, MATTHEW 1,822.94 dd 01113/06 STEFFEN, SCOTT 3,270.83 dd 01113/06 STEINER, JOSEPH 678.44 dd 01113/06 STOCKTON, DERRELL 5,869.76 dd 01113/06 SYPNIEWSKI, WILLIAM 1,812.94 dd 01113/06 SZCZEPANSKI, THOMAS 2,656.43 dd 01113/06 WENZEL, JAY 2,656.40 dd 01113/06 XIONG, KAO 2,660.38 dd 01113/06 BARTZ, PAUL 2,774.73 dd 01113/06 BERGERON, JOSEPH 3,270.87 dd 01113/06 DUGAS, MICHAEL 2,800.93 dd 01113/06 ERICKSON, VIRGINIA 2,568.37 dd 01113/06 FLOR, TIMOTHY 2,970.14 dd 01113/06 FRASER, JOHN 3,061.11 dd 01113/06 LANGNER, SCOTT 2,185.72 dd 01113/06 PALMA, STEVEN 2,681.11 dd 01113/06 THEISEN, PAUL 2,453.59 dd 01113/06 THIENES, PAUL 2,590.99 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD IT-1 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 01113/06 CARLSON, BRIAN 2,458.84 dd 01113/06 DAWSON, RICHARD 3,088.25 dd 01113/06 DUELLMAN, KIRK 2,827.88 dd 01113/06 EVERSON, PAUL 2,485.02 dd 01113/06 HALWEG, JODI 2,340.81 dd 01113/06 JOHNSON, DOUGLAS 2,876.59 dd 01113/06 MYERS, TODD 2,340.81 dd 01113/06 NOVAK, JEROME 2,743.01 dd 01113/06 PARSONS, KURT 2,747.17 dd 01113/06 PETERSON, ROBERT 3,055.49 dd 01113/06 PRECHTEL, ROBERT 3,175.92 dd 01113/06 SVENDSEN, RONALD 3,446.18 dd 01113/06 GERVAIS -JR, CLARENCE 2,827.94 dd 01113/06 BAUER, MICHELLE 2,568.68 dd 01113/06 FLAUGHER, JAYME 2,847.10 dd 01113/06 HERMANSON, CHAD 2,133.62 dd 01113/06 HUBIN, KENNARD 2,301.67 dd 01113/06 KNAPP, BRETT 2,006.52 dd 01113/06 LINN, BRYAN 3,020.32 dd 01113/06 PACOLT, MARSHA 2,494.08 dd 01113/06 RABINE, JANET 2,580.29 dd 01113/06 SCHAULS, ADAM 175.50 dd 01113/06 STAHNKE, JULIE 2,383.10 dd 01113/06 LUKIN, STEVEN 3,959.38 dd 01113/06 SVENDSEN, RUSTIN 3,173.77 dd 01113/06 ZWIEG, SUSAN 1,920.31 dd 01113/06 DOLLERSCHELL, ROBERT 293.39 dd 01113/06 AHL, R. CHARLES 4,612.09 dd 01113/06 BREHEIM, ROGER 1,871.17 dd 01113/06 GROHS, JUDITH 1,794.69 dd 01113/06 KONEWKO, DUWAYNE 3,016.31 dd 01113/06 NIVEN, AMY 1,216.32 dd 01113/06 PRIEFER, WILLIAM 2,601.26 dd 01113/06 BRINK, TROY 1,976.67 dd 01113/06 BRUNELL, DAVID 1,664.81 dd 01113/06 DEBILZAN, THOMAS 2,107.90 dd 01113/06 EDGE, DOUGLAS 2,115.90 dd 01113/06 JONES, DONALD 2,138.19 dd 01113/06 MEYER, GERALD 2,191.03 dd 01113/06 NAGEL, BRYAN 2,334.58 dd 01113/06 OSWALD, ERICK 2,314.05 IT-1 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 17 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 01113/06 RUNNING, ROBERT 2,004.38 dd 01113/06 TEVLIN, TODD 1,971.67 dd 01113/06 DUCHARME, JOHN 2,380.06 dd 01113/06 ENGSTROM, ANDREW 1,670.15 dd 01113/06 ISAKSON, CHAD 577.51 dd 01113/06 JACOBSON, SCOTT 1,955.31 dd 01113/06 JAROSCH, JONATHAN 2,087.07 dd 01113/06 KNUTSON, LOIS 1,138.05 dd 01113/06 LABEREE, ERIN 2,841.55 dd 01113/06 LINDBLOM, RANDAL 2,513.19 dd 01113/06 PECK, DENNIS 2,386.99 dd 01113/06 PRIEBE, WILLIAM 2,382.37 dd 01113/06 THOMPSON, MICHAEL 2,189.33 dd 01113/06 ANDERSON, BRUCE 4,300.07 dd 01113/06 CAREY, HEIDI 2,107.36 dd 01113/06 HALL, KATHLEEN 1,794.68 dd 01113/06 MARUSKA, MARK 2,715.83 dd 01113/06 NAUGHTON, JOHN 1,744.95 dd 01113/06 SCHINDELDECKER, JAMES 1,868.86 dd 01113/06 BIESANZ, OAKLEY 1,547.96 dd 01113/06 HAYMAN, JANET 1 ,214.37 dd 01113/06 HUTCHINSON, ANN 2,297.47 dd 01113/06 NELSON, JEAN 1,246.19 dd 01113/06 GAYNOR, VIRGINIA 2,031.36 dd 01113/06 EKSTRAND, THOMAS 3,090.10 dd 01113/06 KROLL, LISA 1,239.63 dd 01113/06 LIVINGSTON, JOYCE 832.69 dd 01113/06 SINDT, ANDREA 1,671.75 dd 01113/06 THOMPSON, DEBRA 781.88 dd 01113/06 YOUNG, TAMELA 1,561.75 dd 01113/06 FINWALL, SHANN 2,241.20 dd 01113/06 ROBERTS, KENNETH 2,450.47 dd 01113/06 CARVER, NICHOLAS 2,813.11 dd 01113/06 FISHER, DAVID 3,326.68 dd 01113/06 RICE, MICHAEL 1,983.75 dd 01113/06 SWAN, DAVID 2,080.95 dd 01113/06 SWETT, PAUL 1,522.55 dd 01113/06 ANZALDI, KALI 370.00 dd 01113/06 BJORK, ALICIA 357.56 dd 01113/06 FINN, GREGORY 2,247.61 dd 01113/06 FRANK, PETER 140.00 dd 01113/06 GALLANT, CHARLENE 182.75 17 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD ITA CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 01113/06 GOODRICH, CHAD 323.04 dd 01113/06 KELLY, LISA 628.63 dd 01113/06 NIEMAN, JAMES 102.00 dd 01113/06 OHLHAUSER, MEGHAN 610.88 dd 01113/06 ROBBINS, AADRA 2,148.68 dd 01113/06 SHERRILL, CAITLIN 104.50 dd 01113/06 STAPLES, PAULINE 2,985.40 dd 01113/06 TAUBMAN, DOUGLAS 2,854.34 dd 01113/06 UNDERHILL, KRISTEN 42.00 dd 01113/06 GERMAIN, DAVID 1,875.79 dd 01113/06 NORDQUIST, RICHARD 1,866.55 dd 01113/06 SCHULTZ, SCOTT 2,094.73 dd 01113/06 ANZALDI, MANDY 1,334.15 dd 01113/06 COLEMAN, PHILIP 137.50 dd 01113/06 COLLINS, ASHLEY 8.00 dd 01113/06 CRAWFORD - JR, RAYMOND 451.00 dd 01113/06 CROSSON, LINDA 2,650.71 dd 01113/06 DREWES, DEENA 177.60 dd 01113/06 EVANS, CHRISTINE 775.73 dd 01113/06 GRAF, MICHAEL 1,972.36 dd 01113/06 HOFMEISTER, MARY 745.09 dd 01113/06 LEIBEL, LEAH 129.50 dd 01113/06 MILES, LAURA 234.85 dd 01113/06 PELOQUIN, PENNYE 334.01 dd 01113/06 SCHMIDT, RUSSELL 2,065.01 dd 01113/06 SCHULZE, BRIAN 732.72 dd 01113/06 BRENEMAN, NEIL 518.25 dd 01113/06 BRUSOE, CRISTINA 98.13 dd 01113/06 BUCKLEY, BRITTANY 85.00 dd 01113/06 CANTLON, COLLEEN 60.63 dd 01113/06 DUNN, RYAN 784.81 dd 01113/06 EDSON, JAMIE 338.60 dd 01113/06 ERICKSON- CLARK, CAROL 90.40 dd 01113/06 EVANS, KRISTIN 42.00 dd 01113/06 FONTAINE, KIM 782.90 dd 01113/06 GREDVIG, ANDERS 22.50 dd 01113/06 GUZIK, JENNIFER 106.88 dd 01113/06 HAWBAKER, EVAN 39.60 dd 01113/06 HORWATH, RONALD 2,027.50 dd 01113/06 IRISH, GRACE 240.00 dd 01113/06 IRISH, KARL 103.80 ITA CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD im CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 01113/06 KOEHNEN, AMY 100.20 dd 01113/06 KOEHNEN, MARY 1,358.59 dd 01113/06 KRONHOLM, KATHRYN 455.40 dd 01113/06 MATHEWS, LEAH 89.25 dd 01113/06 NELSON, SIERRA 20.85 dd 01113/06 OVERBY, ANNA 60.00 dd 01113/06 PROESCH, ANDY 414.33 dd 01113/06 SIVALD, SHANNON 36.00 dd 01113/06 SMITH, ANN 150.00 dd 01113/06 TRUE, CAROLINE 11.55 dd 01113/06 TUPY, HEIDE 80.80 dd 01113/06 TUPY, MARCUS 210.00 dd 01113/06 WERNER, REBECCA 62.55 dd 01113/06 WOLFGRAM, MARY 32.50 dd 01113/06 GROPPOLI, LINDA 256.80 dd 01113/06 ANDERSON, MATT 33.25 dd 01113/06 BEHAN, JAMES 1,743.92 dd 01113/06 LONETTI, JAMES 1,044.74 dd 01113/06 PATTERSON, ALBERT 1,100.92 dd 01113/06 PRINS, KELLY 1,003.02 dd 01113/06 REILLY, MICHAEL 1,650.55 dd 01113/06 SCHOENECKER, LEIGH 67.85 dd 01113/06 AICHELE, CRAIG 1,947.51 dd 01113/06 PRIEM, STEVEN 2,099.35 dd 01113/06 WOEHRLE, MATTHEW 1,636.82 dd 01113/06 BERGO, CHAD 2,322.62 dd 01113/06 FOWLDS, MYCHAL 2,329.63 dd 01113/06 FRANZEN, NICHOLAS 1,689.08 dd 01113/06 HURLEY, STEPHEN 2,626.85 wf 103728 01113/06 BARTOL, DAVID 397.80 wf 103729 01113/06 LONGRIE, DIANA 452.00 wf 103730 01113/06 JAHN, DAVID 1,615.66 wf 103731 01113/06 MORIN, TROY 127.50 wf 103732 01113/06 MATHEYS, ALANA 2,029.98 wf 103733 01113/06 HANSEN, LORI 1,879.63 wf 103734 01113/06 GENNOW, PAMELA 312.00 wf 103735 01113/06 PALANK, MARY 1,655.66 wf 103736 01113/06 SVENDSEN, JOANNE 1,846.27 wf 103737 01113/06 SHORTREED, MICHAEL 3,669.91 wf 103738 01113/06 WELCHLIN, CABOT 2,718.71 wf 103739 01113/06 FREBERG, RONALD 1,929.08 wf 103740 01113/06 EDSON, DAVID 1,973.51 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 20 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 103741 01113/06 HELEY, ROLAND 1,905.08 wf 103742 01113/06 HINNENKAMP, GARY 2,228.56 wf 103743 01113/06 LINDORFF, DENNIS 1,871.17 wf 103744 01113/06 NOVAK, MICHAEL 1,830.95 wf 103745 01113/06 CHRISTIANSEN, KEVIN 227.50 wf 103746 01113/06 BROZAK, KATHERINE 247.50 wf 103747 01113/06 CONLIN, NICOLE 45.00 wf 103748 01113/06 GEBHARD, MADELINE 151.13 wf 103749 01113/06 GOODRICH, DANIELLE 304.00 wf 103750 01113/06 KLEIN, AARON 70.00 wf 103751 01113/06 KOHLMAN, JENNIFER 110.00 wf 103752 01113/06 MUELLNER, CHRISTOPHER 198.00 wf 103753 01113/06 NICHOLS, SAMUEL 8.00 wf 103754 01113/06 SERGOT, COLLIN 90.00 wf 103755 01113/06 SHOBERG, KARI 41.25 wf 103756 01113/06 SIKORA, PAUL 21.75 wf 103757 01113/06 HAAG, MARK 1,896.51 wf 103758 01113/06 NADEAU, EDWARD 3,018.78 wf 103759 01113/06 GLASS, JEAN 1,842.43 wf 103760 01113/06 HER, CHONG 290.00 wf 103761 01113/06 HER, PHENG 7.40 wf 103762 01113/06 NAGEL, BROOKE 169.40 wf 103763 01113/06 SIMPSON, JOSEPH 38.85 wf 103764 01113/06 TOLBERT, FRANCINE 142.00 wf 103765 01113/06 ANDERSON, CALEB 73.20 wf 103766 01113/06 ANDERSON, JUSTIN 23.98 wf 103767 01113/06 ARNEVIK, ERICA 35.00 wf 103768 01113/06 BOTHWELL, KRISTIN 26.08 wf 103769 01113/06 BRENEMAN, SEAN 14.40 wf 103770 01113/06 CLARK, PAMELA 51.00 wf 103771 01113/06 COSTA, JOSEPH 114.60 wf 103772 01113/06 DEMPSEY, BETH 139.80 wf 103773 01113/06 FENGER, JUSTIN 20.10 wf 103774 01113/06 GRANT, MELISSA 257.50 wf 103775 01113/06 GRUENHAGEN, LINDA 432.10 wf 103776 01113/06 HAGSTROM, EMILY 203.91 wf 103777 01113/06 IRISH, PETER 21.13 wf 103778 01113/06 KROLL, MARK 173.25 wf 103779 01113/06 MCMAHON, MELISSA 168.21 wf 103780 01113/06 MELLEN, CHRISTOPHER 16.88 wf 103781 01113/06 NWANOKWALE, MORDY 55.25 20 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 491,905.88 21 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 103782 01113/06 PEHOSKI, JOEL 82.18 wf 103783 01113/06 PETERSON, ANNA 20.40 wf 103784 01113/06 RICHTER, NANCY 214.00 wf 103785 01113/06 RYDEEN, ARIEL 99.50 wf 103786 01113/06 SCHOMMER, SUMMERS 29.25 wf 103787 01113/06 SCHRAMM, BRITTANY 34.50 wf 103788 01113/06 SCHREINER, MICHELLE 457.44 wf 103789 01113/06 SMITLEY, SHARON 383.20 wf 103790 01113/06 STAHNKE, AMY 117.01 wf 103791 01113/06 TRUE, ANDREW 73.00 wf 103792 01113/06 WARNER, CAROLYN 239.50 wf 103793 01113/06 WEDES, CARYL 140.10 wf 103794 01113/06 WENZEL, SHANNON 21.13 wf 103795 01113/06 WHITE, NICOLE 680.46 wf 103796 01113/06 WILLIAMS, KRISTINE 13.00 wf 103797 01113/06 WOODMAN, ALICE 184.80 wf 103798 01113/06 ZALK, IDA 21.13 wf 103799 01113/06 BOSLEY, CAROL 283.50 wf 103800 01113/06 FARLEY, JAMIE 130.00 wf 103801 01113/06 KLINKHAMER, KATIE 143.75 wf 103802 01113/06 LEWIS, AMY 63.00 wf 103803 01113/06 ODDEN, JESSICA 44.10 wf 103804 01113/06 OIE, REBECCA 56.70 wf 103805 01113/06 PARAYNO, GUAI 106.65 wf 103806 01113/06 SATTLER, MELINDA 19.80 wf 103807 01113/06 STODGHILL, AMANDA 50.63 wf 103808 01113/06 VAN HALE, PAULA 113.10 wf 103809 01113/06 BALDWIN, JANA 6.95 wf 103810 01113/06 BERLIN, SARAH 170.25 wf 103811 01113/06 BIRKHOLZ, TYLER 85.73 wf 103812 01113/06 DOUGLASS, TOM 1,069.88 wf 103813 01113/06 GADOW, ANNA 31.75 wf 103814 01113/06 O'GRADY, VICTORIA 34.75 wf 103815 01113/06 OLSON, CHRISTINE 119.70 wf 103816 01113/06 THEESFELD, CALEB 6.95 wf 103817 01113/06 YANG, HUE 89.78 wf 103818 01113/06 YANG, KAY 52.65 wf 103819 01113/06 YANG, TIM 6.95 wf 103820 01113/06 VUE, LOR PAO 239.40 wf 103821 01113/06 XIONG, HLAO 29.48 491,905.88 21 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 17, 2006 RE: Intoxicating Liquor License Annual Renewals - On Sale Agenda Item H3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On -Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 2006, with approval granted herein subject to satisfactory results of required Police, Fire and Health Inspections: 5 -8 Tavern & Grill Bernard Diebel James Emison Goodrich Golf Course Brain Bamnani 2289 Minnehaha Avenue 1820 North Van Dyke The Rock 2029 Woodlyn Avenue Jose Leon Michael Gengler Acapulco Mexican Restaurant Gulden's Club On -Sale 3069 White Bear Avenue 2999 N. Highway 61 Alan Hartman James Gartner Patricia Belde Loyal Order of Moose 963 AMF Maplewood Lanes Keller Clubhouse 1946 English Street 1955 English Street 2166 Maplewood Drive Wine On -Sale Dorothy Helen Piotrowski Noah Castle Applebee's Neighborhood Grill Myth Balbir Shoker 3001 White Bear Avenue 3090 Southlawn Avenue Taste of India 1745 Cope Avenue Stephen Yantes Cori Blodgett Bleechers Noodles & Company Edward Unangst 2220 White Bear Avenue 2865 White Bear Avenue Pei Wei Asian Diner 3095 White Bear Avenue ##101 Scott Uttley Stephen Parr Best Western - Maplewood Inn Outback Steakhouse 1730 E. County Road D 1770 Beam Avenue Broadway Bar & Pizza Chad Sprinkel 1900 East County Road D Matthew Kielas The Chalet Lounge 1820 Rice Street Judith Landreville Champp's 1734 Adolphus Martin Mongoven Chili's Restaurants Southlawn & Beam Bret Shogren Chipotle Mexican Grill 2303 White Bear Avenue Paul J. Mateyka, Jr. Deans, Inc. 1986 Rice Street Raymond R. Emerfoll Garrity's 1696 White Bear Avenue Ehrick Holland Red Lobster 2925 White Bear Avenue Cheryl Wolf Huey's Saloon 2425 Highway 61 Amanda Kranz Stargate Bar & Danceclub 1700 Rice Street Suzanne Schilling Suzanne's Cuisine 2100 White Bear Avenue Brian Meyer The Bird 3035 White Bear Avenue T.G.I. Friday's Philip Poling 3087 White Bear Avenue Thomas Hecker The Olive Garden 1749 Beam Avenue Agenda Item H4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 17, 2006 RE: Intoxicating Liquor License Annual Renewals - Off Sale RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following Off -Sale Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2006, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Howard Remerowski M.G.M. Liquor Warehouse Guneet Arneja 2950 White Bear Avenue A -1 Liquor, Inc. 19 North Century Avenue Marvin C. Koppen Party Time Liquor Laber's Liquors 1835 E. Larpenteur Ave. Arthur Mark Stein 1700 D Rice Street Blong Lee Princess Liquor `n Tobacco Lor's Liquor Store 2728 Stillwater Road Charly Lor 1347 Fost Avenue Christopher Sarrack Sarrack's International Wine & Spirits Wendy Lauber 2305 Stillwater Road Maplewood Wine Cellar 1281 Frost Avenue Phillip Lu Big Discount Liquor 2515 White Bear Avenue Agenda Item H5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk RE: Permit Fee Waiver DATE: January 17, 2006 Backiround Catherine Boehm, representing Carver Elementary PTO, has applied for a temporary gambling license to be used on April 22, 2005 from 10 :00 noon to 2 :00 p.m. to conduct a raffle. Ms. Boehm also completed miscellaneous permits for a carnival and for temporary food that are administratively approved. The annual carnival and raffle will be conducted at the school ocated at 2680 Upper Afton Road on the aforementioned date. Proceeds from the raffle will be used for programs for educational purposes. The school is requesting waiver of the $49.00 fee for the miscellaneous permit fee. By State law the temporary gambling fee can not be waived. Recommendation It is requested that council approve the temporary gambling request and waive the $49.00 fee for the miscellaneous permit fee. Agenda Item H6 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 16, 2006 RE: Temporary Liquor Introduction An application has been submitted for temporary liquor by William Given representing Prom Management Group, 484 Inwood Avenue, Oakdale. The event will be held at the Keller Golf Course Clubhouse. Prom Management Group has catered events at Keller Golf Course for 28 years. This will be the last event that they cater at Keller as Ramsey County is securing the contract for all future events. The event will be held on January 28, 2006 from 5:30 p.m. to 1 :00 p.m. and is for a wedding reception. All insurance and contractual obligations have been met. Recommendation Council approval for the temporary intoxicating liquor permit is requested. Agenda Item H7 TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 16, 2006 RE: Temporary Liquor Introduction An application was submitted for temporary liquor by Stephen Blessing on behalf of the Church of the Presentation of the Blessed Virgin Mary 1725 Kennard Street. The Parish had an event on January 14, 2006, from 5:00 p.m. to midnight; a temporary intoxicating liquor license was required. Mr. Blessing is new to the Parish and did not receive direction from Parish staff regarding City timelines; therefore, he did not meet the deadline for submitting the required permit application for the last council meeting. As has been done in the past, administrative approval was given. Mr. Blessing has received direction from city staff regarding the importance in meeting city deadlines and assures staff that all future deadlines will be met. Presentation has had numerous events over the years and has been in total compliance of all city rules and ordinances before this event. Recommendation It is requested that Council approve the temporary intoxicating liquor permit after the fact. Agenda Item H8 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 16, 2006 RE: Temporary Liquor Introduction An application has been submitted for temporary liquor by Stephen Blessing, on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. The parish is having a marriage enrichment evening that will be held on February 11, 2006, from 5:00 p.m. to midnight. Funds raised during the event will be used to pay for the event. Chief Thomalla will meet with event organizers regarding alcohol compliance. Recommendation It is recommended that the City Council approve the temporary intoxicating liquor permit. MEMORANDUM TO: Richard Fursman, City Manager FROM: Kevin Christiansen, Planning Intern SUBJECT: Kline Nissan Dealership — Conditional Use Permit Review LOCATION: 3090 Maplewood Drive DATE: January 11, 2006 INTRODUCTION Agenda Item H.9 The conditional use permit (CUP) for the Kline Nissan Dealership located at 3090 Maplewood Drive is due for review. The CUP was required for a maintenance garage to be located within the Light Manufacturing (M -1) zoning district. BACKGROUND May 28, 2002, the city council approved a CUP to allow for a maintenance garage to be operated within a motor vehicle dealership as well as design review for the Kline Nissan dealership. Refer to the May 28, 2002, city council minutes attached. June 24, 2002, the city council approved a 75- foot -wide wetland buffer setback variance in order to allow Kline Nissan's parking lot to be constructed to within 25 feet of the wetland located on the south side of the lot and 50 feet of the wetland located on the north side of the lot. Refer to the June 24, 2002, city council minutes attached. October 27, 2004; March 14, 2005, the city council approved an extension to Kline Nissan's CUP. December 13, 2004, the city council approved the plans for a frontage road to be constructed on the east side of Maplewood Drive (Highway 61), extending from the northerly County Road D south to Maplewood Imports. This frontage road will be constructed for access to the three automobile dealers located on the east side of Highway 61, including Kline Nissan. Construction of the frontage road is scheduled for summer 2005. DISCUSSION The Kline Nissan dealership has a subsurface water infiltration system installed in their parking lot to help treat water as it runs off the site. As part of the CUP conditions, Kline Nissan was required to sign a 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. The city had not received proof of inspection or maintenance for the infiltration system that Mark Weis (the old general manager) agreed upon in the last CUP review. However, Chaun Favre the new general manager for Kline Nissan, presented staff with a receipt for the cleaning of the catch basins dated May 25, 2005. Mr. Favre is now aware of the responsibilities of presenting proof of inspection or maintenance to city staff annually and will schedule another yearly inspection this spring. During the first year in operation the dealership stored their dumpster within the maintenance garage. The dumpster is now being stored outdoors because of limited space within the maintenance garage. City code and Kline Nissan's CUP state that a dumpster must be contained in an enclosure if stored outside. The enclosure must be at least six feet in height, be compatible to the building, and have a 100 percent opaque gate. Mr. Weis stated that they would be constructing an enclosure for the dumpster last spring. To date, however, the enclosure has not been constructed and the dumpster is still stored outside. Mr. Favre is aware of the necessity to submit dumpster enclosure plans promptly for staff review. The location and materials of the enclosure will have to be approved by city staff to ensure the enclosure meets city code requirements. Depending on the design of the enclosure, it may also require a building permit. Additionally, the city has received complaints regarding parking of vehicles from the dealership along County Road D. The on -site parking for Kline Nissan should be sufficient for inventory and employee parking. The CUP conditions states that vehicles can only be parked on the designated paved surfaces. Therefore, any staff, maintenance crews, contractors or inventory crew must not be parked on the public right -of -way. Mr. Favre has been made aware of the complaints and of the code requirements and will ensure the dealership is in compliance. RECOMMENDATION Review the conditional use permit for Kline Nissan at 3090 Maplewood Drive again in nine months (October 2006) to ensure the dumpster enclosure has been constructed, 2006 maintenance of the catch basins has been complete, parking issues have been resolved, and to update the city council on the frontage road. The conditional use permit can be reviewed sooner if a problem arises or the applicants propose a major change to the site. P:Sec 3\Nissan 2006 CUP Review Attachments: 1. Location Map 2. Site Plan 3. May 28, 2002, City Council Minutes 4. June 24, 2002, City Council Minutes Attachment 1 1-694 - - - --- ----- - ---- ----- - ---- ---- 0 0 -,ol l 3090 Maplewood Drive Kline Nissan Location Map VC-of S-,C ANZ C-41A f x -D ' a . L Z L Aho SU OVAC. W 4 ��� ..3,j � {1 7f. ',: U �"` . I ' ''"Nk -� t .r' �"� S{d t',. . C -s. L x':s� 4 t TQ MAXW4 , '! je t l&"3 5r Poor I r 3K 1-Z 0 �. a �F y v `�� ! r �'1' °� / r "O. �]r +. f� k� ik� rt y I '-OOLLAkM Sw OWL N v S 77 E R- 27",79 L-17-72 466-78 A-0 Ong MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, May 28, 2002 Council Chambers, Municipal Building Meeting No. 02 -11 8:52 Kline Nissan Vehicle Dealership -3090 and 3110 Maplewood Drive Wetland Setback Variance Conditional Use Permit Design Approval Attachment 3 a. Assistant City Manager Coleman presented the report. b. Associate Planner Roberts presented the specifics of the report. c. Commissioner Rossbach presented the Planning Commission report. 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 PERMIT RESOLUTION WHEREAS, Rick Kline, of Kline Auto World, applied for a conditional use permit for a motor vehicle maintenance garage as part of a new Nissan dealership; WHEREAS, this permit applies to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03- 29 -22 -22 -0002 and 03- 29 -22 -22 -0003. 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 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 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, the history of this conditional use permit is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this permit. 2. On May 28, 2002, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT 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 of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by 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 right -of -way. 4. Cars can only be parked on designated paved surfaces. 5. The city council shall review this permit in one year. Seconded by Councilmember Koppen Ayes -All Councilmember Koppen moved to approve the design approval for proposed Nissan dealership at 3090 and 3110 Maplewood Drive: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Before getting a building permit, the applicant must submit to staff for approval the following: 1) Dedicating a 50 -foot -wide wetland protection buffer easement along the 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. 2) Submitting a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). 3) Submitting a revised landscape plan for the restoration of 40 feet of the wetland- protection buffer. This plan shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. 4) A revised site plan showing the following revisions: a) A 50 -foot setback for the parking lot from the wetland. The revised site plan shall include the reconfiguration of the parking stalls and will ensure that no vehicle display pad encroaches into the required wetland buffer. b) A right- turn -lane from Highway 61 into the site, subject to MnDOT's approval. c) Atrash enclosure that matches the building in material. This enclosure shall not be placed in required parking spaces. It must have a 100 percent opaque closeable gate. If the trash dumpster is kept inside the building, an outdoor enclosure is not required. 5) Verification that all watershed district special provisions, as indicated on the watershed district permit, are met prior to issuance of a building or grading permit for the site. 6) A revised south building elevation showing five windows and a smooth faced band along the concrete block to align with the windows. The banding shall also align with the metal panels located on the side. This revision is subject to staff approval. 3 7) Combine the two parcels (3090 and 3110 Maplewood Drive) into one parcel with Ramsey County. Proof of lot combination must be submitted prior to issuance of a building permit. 8) Applicant shall submit to staff for review and approval a striped parking plan which designates customer only parking spaces within the site plan. c. The applicant shall complete the following before occupying the building: 1) Replace any property irons removed because of this construction. 2) Install a reflectorized stop sign at the exit and a handicap - parking sign for each handicap accessible parking space. 3) Construct a trash dumpster enclosure to meet code requirements, unless trash dumpsters are stored indoors. 4) Install an in- ground lawn irrigation system for the parking lot islands and the sodded areas between the highway and the parking lot. Lawn irrigation in the right -of -way may be waived if MnDOT will not allow it. It is also waived in the wetland buffer area. 5) Post signs identifying the customer and employee parking spaces. 6) Install city approved wetland buffer signs at the edge of the wetland buffer easement that notifies that no building, mowing, cutting, filling or dumping is allowed within the buffer. d. If any required work is not done, the city may allow temporary occupancy if: 1) The city determines that the work is not essential to the public health, safety or welfare. 2) The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. Any unfinished landscaping shall be completed by June 1 if the building is occupied in the fall or winter or within six weeks if the building is occupied in the spring or summer. e. This approval does not include signage. All proposed signs must comply with the city's sign ordinance and the applicant must obtain all required sign permits prior to installation. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by Councilmember Wasiluk Ayes -All M MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, June 24, 2002 Council Chambers, Municipal Building Meeting No. 02 -13 Attachment 4 2. Kline Nissan Dealership Wetland Setback Variance Reconsideration (3100 Highway 61) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented the specifics of the report. c. Clifton A. Aichinger, Ramsey/Washington Metro Watershed outlined the Metro Watershed's position. d. Rick Kline, owner, Kline Auto World, spoke about the proposal. Councilmember Collins moved to approve the following variance resolution (50 foot buffer on the NE side, and 25 feet on all other sides with an infiltration system installed on all 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 to properties at 3090 and 3110 Maplewood Drive. The property identification numbers are 03- 29 -22 -22 -0002 and 03- 29 -22 -22 -0003. 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 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 56 degrees, 43 minutes with said north line 445.39 feet; thence at an angle of 79 degrees 39 minutes to the right 188.7 feet to a point on the south line of said Tract 1303.88 feet west from the southeast corner of said Tract, Ramsey County, Minnesota. Torrens Certificate Number: 171003. WHEREAS, Section 36- 196(h)(3) of the wetland protection ordinance requires a 100 -foot- wide wetland buffer. WHEREAS, the applicant proposed a 75 -foot -wide wetland 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 is as follows: 1. On May 6, 2002, the planning commission recommended that the city council approve this variance. 2. The city council held a public hearing on May 28, 2002. City staff published a notice in the 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 100- foot -wide wetland buffer requirement would make development of this site difficult. b. The variance would be in keeping with the spirit and intent of the 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: a. Dedicating a 50 -foot 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 a revised grading plan showing compliance with the required wetland dedications. The grading plan shall include grading to within 10 feet of the wetland edge on the side where the 50 -foot buffer is required, with restoration of the remaining 40 feet of wetland buffer consisting of native plantings to be approved by staff and the watershed district (see landscape requirement below). c. Submitting a revised landscape 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 shall be subject to staff and watershed district approval. Underground irrigation is required for all landscaped areas, excluding the wetland protection buffer. d. Installing signs at the edge of the wetland- protection buffer which prohibit any building, mowing, cutting, filling or dumping within the buffer. Submitting a signed maintenance agreement to 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 by Councilmember Koppen Ayes -Mayor Cardinal, Councilmembers Collins and Koppen Nays - Councilmembers Juenemann and Wasiluk 1A Agenda Item H.10 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Change of Use Deed LOCATION: Mississippi Street and County Road B DATE: January 11, 2006 INTRODUCTION Ramsey County has requested that the City of Maplewood apply for a change of use on an existing use deed conveyed to the city in 1993. The use deed allows the city to maintain a .92 -acre site at the southeast corner of County Road B and Mississippi Street as open space. The site was originally part of the Mississippi Street four -plex complex located to the south. BACKGROUND March 1967: The city council approved the subdivision of property and development plans to construct ten, four - plexes at 2048 to 2120 Mississippi Street. A condition of approval was the platting of a .92 -acre lot ( Outlot A) which was to remain undeveloped to satisfy the 35 percent green area requirement for multiple - dwelling housing at the time. August 31, 1990: The state gained control of Outlot A through tax forfeiture after the Mississippi Street four -plex association did not pay the taxes. January 25, 1993: The city council authorized the community development director to apply for a use deed for Outlot A for the purpose of open space. October 15, 1993: The state granted the city a use deed for open space purposes for Outlot A, Block 1, Flakne's Addition. � n*ilfu In 2004, the Minnesota Department of Revenue (the regulatory agency for use deeds) determined that open space does not meet the requirements for an "authorized public use" that would justify a use deed under Minnesota Statutes, Section 282.01, subdivision 1.a. through 1.e. The Department of Revenue's opinion on this matter states that "unlike parks (with maintained ball fields, trails, playground equipment, and/or picnic shelters, public accesses to a lake, public beaches, or municipal parking lots) "open space" does not imply sufficient utilization of the land and is therefore not an "authorized public use ". This opinion was written after some municipalities within the state were found to be abusing the open space use deeds by hording tax - forfeited land for future development. The city's Mississippi Street use deed is the only use deed classified as open space in the city. Most others conveyed to the city are for the purpose of ponding. The Mississippi Street four - plexes are guided as medium multiple dwelling residential (R -3M) in the city's comprehensive plan. Current allowable densities in this land use designation are 5.5 units per acre for buildings with three to four units. The four - plexes are located on 2.69 acres (not including the .92 -acre site). There are ten, four -plex buildings (40 units) with an overall density of 14.9 units per acre. Density calculated with the .92 -acre site is 11 units per acre. The site far exceeds the city's current density allowance. For this reason, as well as the requirement in 1967 that 35 percent of the Mississippi Street four -plex development be preserved as green space, no development is possible on the .92 -acre site, unless approved by the city council as an amendment to the existing development and the city's comprehensive plan. In 1993, the city gave the use deed the classification of open space to ensure no future development on the .92 -acre site. After notification by Ramsey County of the request for a change of use, city staff re- evaluated the site and determined the property was also needed for ponding purposes for street improvement projects scheduled for 2007. The Department of Revenue states that "ponding" is an "authorized public use" as defined in the state statute. As such, Ramsey County has authorized a change of use on the deed in order to allow the City of Maplewood to keep control of the site. A change of use requires city council approval. Adopt the attached resolution approving a request for a change of use on an existing use deed. The use deed was conveyed to the city for a .92 -acre site located on the southeast corner of County Road B and Mississippi Street (Outlot A, Block 1, Flakne's Addition). The resolution requests a change of use from open space to ponding as permitted by state statute. P:sec18lmississippi street use deed Attachments: 1. Location Map 2. Resolution Authorizing Approval of a New Use of Tax Forfeited Lands 2 Attachment 1 UT Attachment 2 RESOLUTION AUTHORIZING APPROVAL OF A NEW USE OF TAX- FORFEITED LANDS Whereas, the City of Maplewood was conveyed a use deed by the state in 1993 for the following described tax forfeited land: Outlot A, Block 1, Flakne's Addition Whereas, the intended public use for which the property was previously conveyed was for open space; Whereas, the city is planning a street improvement project in and around the above - described tax forfeited land in 2007; Whereas, the city has determined that the above - described tax forfeited land will be needed for drainage and ponding purposes for the street project; Whereas, the new public use for the property is drainage and ponding; Now, Therefore, Be it Resolved, that the proper city officials are hereby authorized to make an application for a new use of said tax - forfeited land from open space to drainage and ponding. Adopted this _ day of 1 2006. Mayor City Clerk Agenda Item H11 AGENDA REPORT DATE: January 12, 2006 TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director SUBJECT: Pay Equity Implementation Report Please forward the attached Pay Equity Implementation Report to the City Council for approval. The City of Maplewood has always been in compliance with the Minnesota Local Government Pay Equity Act since we were first required to report. We are required by the State to report by January 31, 2006 based on data in effect on December 31, 2005. We will again be in compliance based on the State Department of Employee Relations software, assuming the State Pay Equity Coordinator receives this report before the deadline. RECOMMENDATION Adoption of the attached report is recommended. Pay Equity Implementation Report Send completed report to: Pay Equity Coordinator Department of Employee Relations 200 Centennial Building 658 Cedar Street St. Paul, MN 55155 -1603 (651) 296 -2653 (Voice) (651) 297 -2003 (TTY) Postmark Date of Report Jurisdiction ID Number For Department Use Only c Name of Jurisdiction C City of Maplewood 10 a Co City ❑ County ❑ School ❑ Other: Address City State Zip a 0 1830 County Road B. East Maplewood MN 55109 Contact Person Phone Fax a Sherrie Le 651 249 -2053 651 2492059 O The job evaluation system used measured skill, effort, © No salary ranges /performance differences responsibility and working conditions and the same system was used for all classes of employees. Check the system ❑ Check here if both of the following apply; otherwise, used: leave blank. a. Jurisdiction does not have a salary range for any job ❑ State Job Match class ❑ Designed Own (specify) b. Upon request, jurisdiction will supply documentation showing that inequities between male and female C M classes are due to performance differences. Note: Do not include any documentation regarding Consultant's System (specify) Iz to PDI performance with this form. ❑ Other (specify) An official notice has been posted at City Hall Bulletin Board © Health insurance benefits for male and female classes of (prominent location) informing employees that the Pay Equity Implementation comparable value have been evaluated and: C ❑ There is no difference and female classes are not at a Report has been filed and is available to employees upon request. A copy of the notice has been sent to each disadvantage exclusive representative, if any, and also to the public library. 6 There is a difference and the maximum salaries reported The report was approved by: include the monthly amount paid by the employer for Mapl ewood City Council IL health insurance. (governing body) © Information in this report is complete and accurate. Diana Longrie (chief elected official, print) 0 The report includes all classes of employees over which the jurisdiction has final budgetary approval authority. (chief elected official, signature) Mayor (title) (date) CV Result from Salary Range Worksheet m oo C d a y N F 91.12 % is the result of average years to salary range maximum for male classes divided by the average years to salary range maximum for female classes, Results from Exceptional Service Pay Worksheet 10 IJ E 20% or less of male classes receive ESP. � iivasw a W d % is the result of the percentage of female classes receiving ESP divided by the percentage of rn male classes receiving ESP. W c 12,300,273.77 $ is the annual payroll for the calendar year just ended December 31. a ~ a (cart r on t3ack) C � y C O l7 p (] w rnrn � _ rn N N � V T � N N CJ O Q (D O to b W W n � b w c w �n 0 w w 0 .n C C' QQ rn b M IAA H m z o w � C ti M R f 0 CD w_ rn fD o (D CD y y O pCD W M CG � N a" a o . 0 N Y CD C+ C'f n Q. m z o w � C ti M f 0 CD w_ rn fD o y pCD oho a 0 � o w rn b9 69 1 A 69 69 69 trs sus 6n 5 ) (+s 69 5 s 69 69 69 0. � "+ `G vi sA c-� vi vs F» s � cam, vs ds se �, s> v9 c s ds o x w o z � o � tz7 L n 0 0 w >C b H !?7 `I O C n 0 O O O d w rn Compliance Report 01/12/200E Jurisdiction: Maplewood 1830 County Road B. East Contact: Sherrie Le Phone: (651) - 24 -9 -20 Human Resource Director Insurance Added? Job Evaluation System Used: The statistical analysis, salary range and exceptional service pay test results are shown below. Part I is general information from your pay equity Report data. Parts II, III and IV give you the test results. For more detail on each test, refer to the guidebook. I. GENERAL JOB CLASS INFORMATION Male Female Balanced All Job Classes Classes Classes Classes # Job Classes 50 26 6 82 # Employees 92 93 24 209 Avg. Max Monthly $5,850.46 $5,128.84 $5,308.73 Pay per Employee IL STATISTICAL ANALYSIS TEST Male Female A. UNDERPAYMENT RATIO = 71.5 * Classes Classes a. # at or above Predicted Pay 17 2 b. # Below Predicted Pay 33 24 C. TOTAL 50 26 d. % Below Predicted Pay 66.00 92.31 (b divided by c = d) (Result is % of male classes below predicted pay divided by % of female classes below predicted pay) B. T -TEST RESULTS Degrees of Freedom (DF) = 183 Value of T = 0.368 a. Avg. diff. in pay from predicted pay for male jobs = -$ b. Avg. diff. in pay from predicted pay for female jobs = -$ III. SALARY RANGE TEST = 91.12 % (Result is A divided by B) A. Avg. # of years to max salary for male jobs = 6.05 B. Avg. # of years to max salary for female jobs = 6.64 IV. 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C (D C'1 _l d O y 3 .2 o O r N0) DJ CO) O y (A y 0) rr U 0 x x m U1 (D M m 00 W a 50 Cl) x o W r- 0 0 z, m 0 O mV v� °-' v a W m v Ut Agenda Item H12 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Ed Nadeau, Utility /Fleet Superintendent Charles Ahl, Public Works Director /City Engineer SUBJECT: Purchase of Single -Axle Plow Truck DATE: January 13, 2006 INTRODUCTION The 2006 Fleet Management Program within the Public Works budget includes capital outlay budget funds for replacement of one 1991 single -axle plow /dump truck. Background The 1991 single -axle plow /dump truck has high mileage and the dump body has deteriorated beyond repair. The state bid price from Boyer Trucks, Inc. to replace the truck chassis is $61,476.00, including tax, license and registration. Upon delivery of the truck chassis, state bid process will be used to contract for the plow /wing attachments and truck body. The 1991 Ford truck will be traded or sold at state auction. The total budget for this replacement is $118,215. This is the first phase of a three phase process to replace a plow truck. This price is within the budget allocation. RECOMMENDATION It is requested that the city council give approval to enter into a contract with Boyer Ford, Inc., under State Contract #435523, for the purchase of a 2006 Sterling L -8500 truck chassis for $61,476.00 and dispose of the 1991 Ford truck through trade -in or at State auction. Agenda Item H13 AGENDA REPORT TO: City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: County Road D Realignment East — Southlawn to Hwy 61- City Project 02 -07: Resolution for Modification of the Existing Construction Contract, Change Orders 17 and 18. DATE: January 13, 2006 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 17 and 18. Background On June 28, 2004, the city council awarded the construction contract for the utility and roadway construction to Shafer Contracting, Inc. in the amount of $2,364,326.51. Change Orders 1, 2, 3 and 4 were approved by the city council in 2004, Change Orders 7 -12 were approved in May 2005 and Change Orders 13 -16 were approved on January 9, 2006. It should be noted that Change Orders 5 and 6 were eliminated through staff discussions with URS, the city's consultant. The items originally proposed under Change Orders 5 & 6 were determined to be extra work items that the contractor was due as a result of oversights by URS, and for which they agreed to take responsibility. Change Orders 17 and 18 are listed on the attached change order forms and are summarized below: Li Change Order 17 ($723.80): The landscape contractor was required to hydroseed in areas where turf restoration was required instead of using the bid items for seeding, seed, disk anchoring and mulch material. There was a slight increase in price for the hydroseed option. Mn /Dot has approved the price for hydroseeding. Li Change Order 18 ($22,365.00): At the direction of the city engineer, as part of easement negotiations with area property owners, revisions were made to a storm sewer manhole to allow access for future maintenance activities. The changes made to the manhole resulted in revisions to an adjacent retaining wall on the Toyota property which the city is responsible for. Li The total amount of Change Orders 17 and 18 would increase the contract by an amount of $23,088.80. The revised contract amount would be $2,823,206.11. Budget Impact All change orders fall within the revised project budget approved by the city council at the December 12, 2005 meeting. No budget revisions are required at this time. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 17 and 18, for the County Road D Realignment East Improvements (Southlawn to Highway 61), City Project 02 -07. Attachments: 1. Resolution 2. Change Order Nos. 17 and 18 3. Location Map Agenda Item H13 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 17 and 18 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order Nos. 17 and 18, as an increase to said contract by an amount of $23,088.80, such that the new contract amount is now and hereby established as $2,823,206.11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 17 and 18 as a contract increase in the amount of $23,088.80. The revised contract amount is $2,823,206.11. No revisions to the project budget are required at this time, as these changes fall within the revised project scope and budget, approved on December 12, 2005. r= URS Copy City Copy Contractor Copy CHANGE ORDER NO. 17 — - Copy DEPARTMENT OF PUBLIC WORDS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138- 121 -03 / 138- 112 -05 Project No. 02 -07 Date: 10/07/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: This change order covers turf restoration performed in the fall of 2004 by Groundscape Maintenance, Inc. Contract bid items for restoration include seeding, seed, disk anchoring and mulch material. Contract Special Conditions, contained in the Project Manual, allow a hydroseeding option. Because Groundscape Maintenance, Inc. chose the hydroseeding option, a change order is necessary to document the operational/material change and arrange payment. The Mn/DOT Estimating Office approved pricing submitted for this work. The value of this change order is $ 723.80 Contract Status Cost Original Contract $2,369,862.11 Net Change of Prior Approved Change Order No. 1 -4, 7 -12 (5 & 6 Removed) $ 51,516.59 Approved Revised Contract: $2,421,378.70 Net Change of Prior Pending Change Order No. 13,14,15,16 $ 378,738.61 Change this Change Order: $ 723.80 Possible Revised Contract: $2,800,841.11 Approval Mayo Approval 1 Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #17, Page 1 of 2 URS Copy w City Copy Contractor Copy CHANGE ORDER NO. 18 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138 - 121 -03 /138-112-05 Project No. 02 -07 Date: 12/22/05 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: This Change Order covers work related to raising an existing manhole and revising a retaining wall located between the Gulden's parking lot and the Maplewood Toyota parking lot expansion. The manhole was raised to allow access to the structure from on top of the new retaining wall. Work completed under this Change Order is not eligible for state aid funding. The value of this change order is $ 22,365.00 Contract Status Cost Original Contract $2,369,862.11 Net Change of Prior Approved Change -Order No. 1 -4, 7 -12 (5 & 6 Removed) $ 51,516.59 Approved Revised Contract: $2,421,378.70 Net Change of Prior Pending Change Order No. 13,14,15,16,17 $ 379,462.41 Change this Change Order: $ 22,365.00 Possible Revised Contract: $2,823,206.11 Approval 4 j'J Approval s Engineer Agreed to by Contractor LM Its , 1 t Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. #18, Page 1 of 2 \ d \ CC ~ £ ?SE � w <� sm �RUA 0 /? \ §T r d dw» rY ROAD D d� kE ƒ° d \ d NT Agenda Item H14 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Resolution for Adoption of 2006 Public Works Permit Fees DATE: January 13, 2006 INTRODUCTION The Public Works Department has proposed revisions to the permit fees which they collect. The city council will consider approving the attached resolution for adoption of the 2006 public works permit fees. Background In February of 2004, after a comprehensive review of the Public Works permits by staff, the city council approved some significant adjustments to the permit fees collected for permits issued by the Public Works Department. Those permits include: grading, sewer services, private sanitary and storm sewer mains, open cut and driveways. Prior to 2004 those fees had not been revised to account for inflation for many years. Permit fees were closely reviewed and evaluated in 2003 to compare the fees collected to the amount of staff time involved with such a permit. During the 2003 review of permits, it was determined that a number of the public works fees had been underestimated and therefore were adjusted to more accurately reflect the value of the service provided. With the approval of the adjusted fees in February 2004, it was proposed that fees would be reviewed annually and any recommendations for adjustment be brought to the city council for consideration. The present proposal for fee adjustments would be effective on January 24 of 2006. The 1997 grading permit fees were based on the 1997 Uniform Building Code (UBC), Section 3310 for grading fees. Since then the 2000 and 2003 UBC have not addressed grading permit fees. In 2004 and 2005, city council approved an increase in all fees including the grading permit fees by an inflationary factor. All fees are proposed to be raised by an inflationary factor of 3.00 %, which was determined from the Federal Reserve Bank of Minnesota Inflation Calculator for the period from 2004 to 2005. DISCUSSION Attached is a table of current (2005) and proposed (2006) Public Works permit fees as they apply. It is recommended that these fees take effect for any applications received after January 23, 2006. In addition, it is recommended that these fees continue to be reviewed annually with a recommendation brought before the city council for consideration. RECOMMENDATION It is recommended that the city council approve the attached Resolution for Adoption of the 2006 Public Works Permit Fees. Attachments: 1. Resolution 2. Public Works 2006 Permit Fee Schedule Agenda Item H14 RESOLUTION ADOPTION OF THE 2006 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction, water connection and grading, and WHEREAS, city staff has reviewed the permit fees and prepared a schedule of fees titled 2006 Public Works Permit Fees, dated January 23r 2006. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated public works fees are approved for all related permit applications received after January 23, 2006. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. Public Works Permit Fees Date of Revision: 12/27/05, eml Sewer Service Connection Permit Residential: Multi-Family/Commercial/industrial: Private Storm Sewer and Utility Main Permit Storm: Private Storm Sewer Main Base Fee: Connections toexisting ayokam. (public): Connections toexisting system, (private): New Storm Structures, (pub|ic): New Storm Structures, (privote): Open Cut of Public Street: 2004 2005 2006 $7e.00 $82o0 $05.00 $92.00 $95.00 $98.00 $xnon $31o0 $32.00 $snon $yyon $90.00 $:non $:uou $54.00 $unou $21o0 $22.00 $50.00 *so.on $54.00 $10.00 $11.00 $12.00 $54.00 10.0001to100.000 C.Y.: First 1V.000C.Y. $o/.rn Sanitary: $15.00 $20.00 $21.00 Private Sanitary Sewer Main Base Fee: $90.00 $93.00 $9000 Connections hoexisting eyokun. (public): $50.00 $52.00 $54.00 Connections toexisting system, (private): $40.00 $42.00 $44.00 New Sanitary Structures, (public): $soon $52o0 *54.00 New Sanitary Structures, (phvahe): $40o0 $42o0 $44.00 Open Cut of Public Street: $:oou $nuon $54.00 Driveway Construction Permit Permit: $15.00 $20.00 $21.00 Grading Permit Plan Review Fee: *=5VC][ No Fee No Fee No Fee 51tn100 C!/ $crsn $29.00 $3800 101Lo1000 C.Y. $43.25 $45z0 $47.00 1001 ho1O.DDDC.Y. $o/.ro $60.00 $02.00 10.0001to100.000 C.Y.: First 1V.000C.Y. $o/.rn $oouo S02.00 plus each additional 1U.00OC.Y. $27.75 $oyon $30.00 100.001Lo200.000 C.Y.: First 1OO.00OC.Y. $u/asn $uuaon $330.00 plus each additional 1D.UOOC.Y. $15o0 $16o0 $17.00 2OO.DUUC.Y.orMore: First 2OO.UDUCY. *471.50 **noou $501.00 plus each additional 1O.UUUCY. mu.*n *a.on $10.00 Grading Permit Fee: ^=5OC.Y. $cr.*n *ca.on $30.00 51 to 100 C.Y. $43.25 $45.00 $47.00 101to1000 Cy. First 1DDC.Y. $43.25 $45u0 $47.00 plus each additional 1OVC.Y. $e0.50 $22u0 $23.00 1001Lo10.000 C.Y. First 1OOOC.Y. s227.75 $oxson $243.00 plus each additional 10OOC.Y. $/ron $18o0 $19.00 10.001 0n 100.000 CY.: First 10.000 CY. *oVn.nu *oouou $404.00 plus each additional 1D.UOOC.`i $rron $80.00 $83.00 100.001 C.Y.orMore: First 1OO.OUUC.Y. $1.078o0 $i.i 1 1oo $1.145.00 plus each additional 1O.UUUC.1i $42.75 $45.00 $47.00 Water Availability Charge VVAC $150u0 $200u0 $200.00 1n3/2006 n/w^mo/enomu pammpoaxm Agenda Item H15 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Realignment East, Southlawn to Hwy 61, City Project 02 -07— Resolution Ratifying and Confirming Sale of Trail Property and Easements to Ramsey County DATE: January 16, 2006 INTRODUCTION On September 26, 2005, the City Council approved a cooperative agreement with Ramsey County that provides for temporary and permanent trail easements and payment of construction costs for the City to construct and provide for the extension of the Bruce Vento Trail from Beam Avenue to Buerkle Avenue. Ramsey County has signed the Realignment Agreement and provided funds for the easements and construction costs. Final requirements are necessary that include adoption of a resolution affirming the Council's approval. This is a house — keeping matter needed by Ramsey County to finalize documents which were approved in 2005. Background The realignment of County Road D passes through a seldom used railroad line. The right to build the road led the City into an extremely complex process that involved abandonment of the railroad, establishment of an overroad agreement with the only potential user of the railroad, the extension of the Bruce Vento Trail, and an agreement with two railroads, the Regional Rail Authority, Ramsey County Board and seven surrounding communities. All those agreements are complete. The abandonment process was completed on Monday, September 19, 2005 when the United States Surface Transportation Board approved the Memorandum Of Agreement with the State Historic Preservation Organization and removed the final provisions of the abandonment. As part of the Realignment Agreement, Ramsey County agreed to pay the cost of extending the Bruce Vento Trail from Beam Avenue to Buerkle Road. The agreement provided for cooperative construction, purchase of a trail easement and a temporary interim easement. With all the agreements, the following funding from Ramsey County has been received: Construction of Bruce Vento Trail: $319,200 Purchase of Trail property in White Bear Township: $ 86,130 Purchase of Trail Easement from Maplewood: $263,870 Total Ramsey County payment to City: $669,200 The attached resolution is confirmation of the sale of the easements needed by Ramsey County to close this item. Construction of the Bruce Vento Trail extension is completed. RECOMMENDATION It is recommended that the city council approve the attached resolution ratifying and confirming sale of Trail Property and Easements to Ramsey County. Attachments: 1. Resolution 2. Location Map RESOLUTION RATIFYING AND CONFIRMING SALE OF TRAIL PROPERTY AND EASEMENTS TO RAMSEY COUNTY WHEREAS, on July 11, 2005, the City of Maplewood approved the revised Realignment Agreement with Ramsey County, Northern States Power Company, dlblal Xcel Energy, Burlington Northern Santa Fe Railroad (BNSF), Minnesota Commercial Railroad, and the Ramsey County Regional Railroad Authority, and WHEREAS, under the terms of the Realignment Agreement, the City of Maplewood was to purchase from the BNSF a twenty -five foot wide portion of the BNSF right -of -way in the West Half of the Southeast Quarter of Section 34, Township 30, Range 22, Ramsey County (the North Trail Property), as more particularly described in Section III B 4 of the Realignment Agreement, and WHEREAS, under the terms of the Realignment Agreement, the city agreed to sell to Ramsey County, and Ramsey County agreed to purchase from the City, the North Trail Property, and WHEREAS, on or about September 27, 2005, the City purchased the North Trail Property from the BNSF and Minnesota Commercial Railroad, and WHEREAS, pursuant to the terms of the Realignment Agreement, on December 30, 2005, Ramsey County paid the sum of $86,130.00 to the City for all of its right, title, and interest, if any, in the North Trail Property, and WHEREAS, the Mayor and City Manager of the City signed the Quitclaim Deed for the North Trail Property from the City to the County on behalf of the City, and WHEREAS, the County has expressed concern that the action of the City Council prior to conveyance of the North Trail Property to the County may not be sufficient to clearly show the City's approval of the sale for title purposes and has requested the City to ratify and confirm the sale and transaction as completed, NOW, THEREFORE, the City of Maplewood hereby ratifies and confirms the sale of the herein - described parcel of land to the County of Ramsey and ratifies and confirms the authority of the Mayor and City Manager to execute the Quitclaim Deed dated December 30, 2005, from the City to the County, on behalf of the City. LEGAL DESCRIPTION All the part of the easterly 25.00 feet of the 150 -foot wide BNSF Railway Company right -of -way located in the West Half of the Southeast Quarter of Section 34, Township 30, Range 22, Ramsey County, Minnesota, which lies northerly of a line drawn perpendicular with the easterly line of said Railway right -of -way from a point thereon distant 35.00 feet northeasterly from the intersection of said easterly line with the northerly right -of -way line of Trunk Highway 393 -694 as described in that certain Final Certificate filed in the Office of the Ramsey County Recorder on November 4, 1966 as Document Number 1687969, and which lies southerly of the southerly line of the 66 -foot wide right -of -way of Buerkle Road as described in that certain Perpetual Easement filed in the Office of the Ramsey County Recorder on December 22, 1982, as Document Number 2164739. Agenda Item H15 FACIAL I NYTAI VA affl :49 TO: City Manager FROM: Finance Director RE: Closure of Hazelwood Properties Tax Abatement District Fund DATE: January 17, 2006 The Hazelwood Properties Tax Abatement District Fund was established in 2004 to account for the proceeds from tax abatement bonds that were used to purchase property in conjunction with the Legacy Parkway improvements. The property has been sold for redevelopment and the financial transactions in the fund were completed in December 2005. There is a balance of $119,745.15 in this fund which represents surplus bond proceeds which must be transferred to the debt service fund for the tax abatement bonds. Therefore it is recommended that the City Council authorize (1) a transfer of $ 119,745.15 from the Hazelwood Properties Tax Abatement District Fund to the debt service fund for the 2004 Tax Abatement Bonds effective 12-31-04 and (2) authorize the appropriate budget changes. P\agn\close hazelwood tax abatement fund KC100 I BY- TO: City Manager FROM: Finance Director 9 1 1 /• mm!•! � It is proposed that the Council authorize the appropriate 2005 budget adjustments and 2005 transfers totaling $259,800 from the Tax Increment Funds to the Debt Service Fund. Annually transfers are made from three Tax Increment Funds to finance debt service costs on tax increment bonds. A breakdown by fund and comparison with the original budget is listed on the attachment. The result of the recommended transfers will be to decrease the fund balance of three Tax Increment Funds to an amount close to the amount that was anticipated in the 2006 Budget. It is recommended that the Council authorize the appropriate 2005 budget adjustments and 2005 transfers totaling $259,800 from the Tax Increment Funds to the Debt Service Fund. PARNANCEMORMAGWIFTRAN. DOC FILE NAME: TIFTI AN LOCATION: C:\EXCEL\MISC DATE, 12-Jan-06 PREPARED BY: OF TRANSFERS FROM TAX INCREMENT F IJI TO DEBT SERVICE FUNDS 2005 2005 2005 BUDGETCHANGES BUDGET RE -EST. ACTUAL. AMOUNT ACCT. NO OPERATING TRANSFERS IN TO DE13T SERVICE FINDS Fund #343; 2002 Tax Increment Bonds 264,130 280,800 259,800 2 t} 243 -999 -299 _ (4, Total transfers 264,130 280, 00 259,800 (4,330) OPERATING TRANSFERS OUT FROM TIF FUNDS: Fund 4413 Housing District 1 -1 82,140 81,480 81,500 (640) 412 -999 -499 Fund #414 blousing District 1-2 139,920 151,890 121,000 (8,920) 41 -999 -4 Fund #415 Housing District 1- 42,070 47A30 47,300 5,230 41 -999 -4999 Total transfers 264,130 280,800 259,800 (4,330) 22 FILE NAME: TIFTPAN LOCATION ATION- ;%E L \MISS DATE: 12- Jan-06 PREPARED B. DF TAX INCREMENT TRANSFERS N 12-31-05 Cash Balance Transfers in From Adjusted Target per Fund Name Fund No. 12- 31-05 Fund 413 Fund 414 Fund 415 Balance 2006 Budget 2302 Tax Increment Borgia 343 (126,863.33) 31,500_00 131,008,00 47,3WOO 132,936 62 172,930 Housing District 1 - 413 83,683:31 (31,580.08) 4,10 .31 4,142 Housing District 1-2, 414 133,338,87 (131,0W00) 7,835.07 7,379 Housing District 1 -3 413 48.802,83 `.47,380.88 2,382.93 2.433 Total 147,332,33 OM 8.80 0.88 147,332,93 2802 Tax Increment Bonds - financed b Housing District 1 -M ends 12/31/2012 Housing District 1 -2 ends 123112811 Housing District 1-3 ends 12/31/2016 3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 19, 2006 RE: Certification of Election Judges RESOLUTION ACCEPTING ELECTION JUDGES Item H18 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the 2006 Special General Election to be held on Tuesday, February 28, 2006. Shari Adams Jamie Gudknecht Fran Aherns Lloyd Hecht Betty Mossong Suzanne Anderson Gordon Heinenger Howard Muraski Elsie Anderson Constance Hines Gerry Muraski Cynthia Anderson Mary Holzemer Thomas Myster Ronald Anderson Shirlee Horton Gloria Nelson Ahsan Ansari Lynn Huntoon James Nieman Marlis Barrett Mildred Iverson Louise Nieters Joan Bartelt Jeff Janacek Ann Marie Norberg Jaime Belland Gwendolyn Jefferson Lois Olson Mery Berger Judith Johannessen Sallye Orlando Jeanne Bortz Barbara Johnson David Pehl Anna Breidenstein Joyce Jurmu James Petrie Jennette Bunde Marilyn Kidman Karla Radermacher Lucille Cahanes Harold Kirchoff Charles Rowe Robert Carr Rosemary Koch Elaine Rudeen Ann Cleland Joan Kolasa Louis Spies Thomas Connelly Joseph Kolasa MaryAnn Schneider Colleen Connolly Mona Lou Krekelberg Sandy Schoenecker Mae Davidson Josephine Krominga Harriet Schroepfer Marianne Davidson Marvella Lackner Brian Shaul Beverly Dean Rita Lally Teresa Shores Edward Deeg Charlotte Lampe Bob Spangler Bhupat Desai Anita Larson Tim Stafki Helen Jean Dickson Lorraine Lauren David Stark Audrey Diesslin Ann Leo Sandra Stevens Kathleen Dittel Pati Leo Rita Taylor Diane Droeger Claudette Leonard Lorraine Taylor Fred DuCharme Steve Lincowski Milo Thompson Audrey Duellman Vi Lincowski Pat Thompson Carolyn Eickhoff Delores Lofgren Leila Tillman Elizabeth Erickson Richard Lofgren Franklin Tolbert Ann Fallon Robert Lundgren Celilia Tucker Lorraine Fisccer Shirley Luttrell Connie Unger Mary Fischer Jeri Marre Holly Urbanski Delores Fitzgerald Carol Marre Vilhelmine Vanags Anne Fosburgh Rose Marie Manders Beulah VanBlaricom Lucille Foster John Manthey Barbbra Vandeveer James Franzen Delores Marsh Mary Vante MaryJo Freer Thomas Maskrey Conine Wagner Samantha Fritsche Gerladine Mechelke Gene Wandersee Clarice Gierzek MaryLou Mechelke Gayle Wasmundt Diane Golaski Jackie Meyer John Willy Betty Granger Joan Misgen Delores Witschen Guy Grant Katherine Mollers Karen Zacho Agenda Item 11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Public Hearing: 7:00 pm Independent School District No. 622 — Review and Discussion of Bus Garage Proposal for TH 5 and TH 120 Property Owned by MnDOT — City Project 03 -20 DATE: January 16, 2006 INTRODUCTION The excess property /right of way on the western side of TH 120 at the intersection with TH 5 has been under discussion cooperatively with the City of North St. Paul, Independent School District No. 622 and MnDOT for over 6 years. Maplewood staff have only been part of the property discussions for the past 2 1 /2 years. The current proposal involving the three agencies proposes relocating the ISD #622 bus storage/ maintenance facility from downtown North St. Paul to this site. MnDOT is the owner of the property and has worked cooperatively with North St. Paul and ISD #622 on this proposal for the past six years. Because the property was acquired for transportation purposes, MnDOT is considering providing the property to these agencies at no charge as long as the transportation purpose is maintained. A review of the ISD #622 proposal is proposed for a public hearing on January 23, 2006 at 7:00 p.m. In the past 18 months, Hill- Murray School has also expressed an interest in the property for expansion of their campus and athletic fields. An environmental group, represented by Ron Cockreil, has also expressed interest /concern with site proposals. Each of the groups made a presentation to the City Council on their proposal on July 11, 2005. The City Council expressed concern with issues within each of the proposals and suggested that the parties address those concerns and return to the Council. Because MnDOT has indicated an agreement and commitment toward North St. Paul and ISD #622, action on that commitment is recommended before further review of the other proposals. No action is proposed as part of this public hearing, although input from the Council on the ISD #622 proposal and thoughts on the property issues will be requested. Background The City Council considered the use of this property a couple of times during 2003. Attached is a copy of the staff report, dated October 20, 2003, providing a resolution of support for the locating of a bus facility to this property. The proposal at that time included relocation of the Bus Garage plus relocation of the North St. Paul Maintenance Garage along with construction of a MnDOT Electric Maintenance Facility. The City of North St. Paul requested that Maplewood approve an annexation of the property to North St. Paul at that time in order to allow them to bond for their project. The City Council failed to adopt this resolution and City Manager Fursman sent a letter to ISD #622, dated November 3, 2003, requesting additional information on the possibility of just the bus garage portion of the project. On April 7, 2004, the City of North St. Paul responded to questions from the St. Paul's Monastery on concerns with their joint proposal. A copy of that letter from Walter Wysopal, dated April 7, 2004, is also attached. On January 6, 2005, Maplewood staff invited all interested parties to a meeting to share ideas. A Work Group was established as noted in the attached meeting minutes from January 6, 2005, along with a summary of the discussions. The Work Group explored various common ground and possible solutions; however, a joint proposal could not be developed to provide for the interests and concerns of all parties. It does not appear likely that a common proposal for the site to take all interests is possible. Agenda Item 11 Copies of the background information submitted in July 2005 are included with this packet. The ISD #622 proposal from Greg Hein, Director of Business for ISD #622, includes background information on a number of Work Group meetings, including a list of issues raised by Maplewood staff that they have attempted to address. The Hill- Murray proposal from Hill- Murray President Joe Peschges indicates opposition to the ISD #622 /North St. Paul proposal and identifies a plan to convert the property into athletic fields and provide for a second access to their campus facility. Finally, the MnDOT Marsh proposal from Ron Cockreil provides an outline of questions regarding the other proposals. Issues /Discussion Attached is the School District 622 proposal. The packet contains nine attachments for Council consideration. A representative from ISD #622 will present this information to the City Council. Additionally, a copy of an e-mail from Chris Roy, Regional Manager at MnDOT, is included as an attachment to the report. A representative from MnDOT will also be at the hearing to answer questions. Following is a summary of the issues and items for discussion by the City Council: Wetlands /Drainage Issues: There is significant complexity with the site wetlands. The ISD #622 proposal continues to maintain the position from July 2005 that the wetlands created on the site do not need to be mitigated (consistent with regulations). It is estimated that 2.9 acres of wetlands exist on the site that are attributed to being created by MnDOT grading operations. No mitigation is proposed for these wetlands. Attachment 6 shows that there are or were 15.1 acres of wetland on the site at one time. The ISD #622 analysis does not provide justification as to why the amount of wetland identified in 1960, prior to MnDOT grading (shown on Attachment 6 in blue), is significantly reduced in area (shown on Attachment 6 in green). Additionally, the ISD #622 proposal only identifies impacts from their proposed use and does not include the MnDOT operations impact. The ISD #622 proposal indicates that wetland mitigation will be done offsite at Harmony Secondary School. Discussions indicated that this mitigation is part of an agreement between North St. Paul and MnDOT as part of the TH 36 improvements but information was not provided to Maplewood on this arrangement. Overall, drainage and wetland issues are not up to standards for normal Maplewood development proposals. No information on wetland buffers or setbacks was provided other than a reference to a discussion with Ken Roberts about needing to meet those setbacks. While ISD #622 has included a list of sustainable alternatives (Attachment 7) it does not appear that any detail or commitment has been provided as to how these would be implemented. Current Maplewood development standards require development sites to infiltration the 1 -inch rainfall. While no detail exists, it does not appear that ISD #622 has met that requirement. Existing Bus Garage Site: This is a unique issue due to the involvement of North St. Paul and their actions regarding the existing ISD #622 Bus Garage Facility in downtown. ISD #622 was directed by the City of North St. Paul that they could not expand nor improve their current facility due to redevelopment plans that North St. Paul has for their downtown. The MnDOT property can be provided to another level of government at no cost providing the use is for transportation purposes. MnDOT has determined that the Bus Garage use would be a transportation use and the property would be provided to ISD #622 without charge. This is a major benefit to ISD #622 for their needed expansion, and provides a ready source of funding for ISD #622 for the improvement of the bus garage facility that they would not have for their downtown site. However, the existing facility provides a site and building that houses some operations and a revision to traffic and surrounding uses are not impacted by an expansion of an existing site. Agenda Item 11 Traffic /Air /Noise Impacts: The Maplewood City Council recently conducted a hearing on impacts from the Rice - Roselawn Bus Facility on a local neighborhood. The ISD #622 Bus Garage proposal is a reduced site from the Comfort Bus site at Rice - Roselawn. The ISD #622 response to the staff question on this issue indicates that impacts will be "..well under any state and federal thresholds." Traffic impacts to Holloway, Larpenteur and Century Avenue are likely to be noticeable to the area. Attempting to quantify the impact on these roadways will be difficult, although the Council dealt with traffic calming requests along Holloway in May 2005 as part of a stop sign installation and speed limit reduction request from the neighborhood. Air quality to the surrounding area may also be difficult to quantify. As noted in the Rice - Roselawn issues, no violations were noted of standards during the brief monitoring period; however four days prior to the hearing, area businesses needed to shut down air intake systems due to a temperature inversion situation and poor air quality from the bus facility. Finally, the bus noise issue will potentially be a concern, especially to the properties within 400 -500 feet of the proposed site. Little, if any, screening or noise attenuation is currently provided for the site, nor any consideration for the impact to noise on area property owners on Holloway, Larpenteur or Century for the numerous buses exiting and entering the site. Maplewood Expense: The ISD #622 proposal indicates that their assumed contribution to a site roadway will be minimal and that any requirements for extension of that roadway will be a City of Maplewood expense. The Council will need to consider the area needs. If ISD #622 does not contribute to the site roadway, it is highly unlikely that MnDOT will contribute as well; then, the Maplewood tax payers will be required to fund a roadway extension that may be needed to help the area traffic flow smoothly. The new roadway will be required to access TH 120 at TH 5. By MnDOT policy, the roadway must be a public roadway and built by the City. Who pays these costs and how far to the west and south should the roadway be extended will be questions that the Council will need to deal with. Future Action 1. A review of the ISD #622 proposal will raise a number of issues for investigation. The City Council may wish to indicate if they are supportive of ISD #622 continuing to address those issues. MnDOT has taken a position that they wish to honor their commitment to ISD #622. A no answer to ISD #622 would open doors for the Hill- Murray proposal or other site uses. 2. The alternative proposals from Hill- Murray and Ron Cockreil have a number of constraints, including that the property will need to be placed in a transportation use or else purchased from MnDOT. Council direction to explore those issues would be appropriate if alternative plans are desired. 3. The Council could indicate support to the ISD #622 and add conditions that they suggest will need to be addressed on this site; for example, environmental conditions related to runoff and wetland mitigation. ISD #622 would develop a formal plan for submittal and review. 4. If the Council does not have enough information on the alternative proposals, they could direct that the other proposers present revised concepts from their July 2005 presentation. As part of that hearing process, the Council could create a process for a final decision on the site. Agenda Item 11 RECOMMENDATION It is recommended that the City Council provide a negative finding on the use of this property for a bus garage for ISD #622. The property and the proposal have significant issues related to wetlands, noise, traffic, air pollution and city expense that have not been adequately addressed by ISD #622. The City Council should provide direction to explore alternative uses with MnDOT for the property. This shall include arranging for alternative proposals to be presented to the City Council in a public hearing format from Hill- Murray and Ron Cockreil. Attachments: 1. School District 622 Bus Facility Proposal (Copies provided for City Manager and Council) 2. MnDOT Response to City Questions from Chris Roy 3. TH 5 and TH 120 Staff Report from July 2005 4. Agenda Report on Support for ISD #622 Bus Facility, dated October 20, 2003 5. Letter to ISD #622, dated September 18, 2003, from North St. Paul City Manager Wysopal 6. Letter to ISD #622, dated November 3, 2003, from City Manager Fursman 7. Letter to St. Paul's Monastery, Dated April 7, 2004, from North St. Paul City Manager Wysopal 8. School District 622 Proposal for Property Use from Greg Hein from July 2005 9. Hill- Murray Proposal for Property Use from July 2005 10. Outline of Presentation from MnDOT Marsh — Ron Cockreil from July 2005 !Vlaplewood City Council Questions Question 1: Need Resolution from School Board AnsiveE ­Fhe f 622 School Board pass the Resolution of'support for the pro rK)scd Bas Fac I 1 1 tv ur a n I in ou s I y F)ece m be r 1 3 1, 2 00-5 (se e at tach, I f. Question 2: Were there any agreements between ISD 622 and the Citv of North St. Paul off" NIN/Dot? - What is f4 plewood's Role in the pro - )se AO Answer: MN Dot's only requirement for the development of the site "as that the Civy of Maplewood k& - ould, have to approve the proposed pr - What financial commitment vwuld iNvIaplewood ha , ,c in the Proposed project? ;Nnswev The City of.Maplevwod would not have any financial commitment to the proposed bus facility. If the CITvot'Maple chose to extend the access road throui4i the sue there would be a cost for constructi on Question 3: Environmental Concerns - What is the numt-no-r of Nscs at the proposed site" Answer I'he existing ISD 622 Bus Facility has 59 buses running multiple route, for high school- middle school and elementary schools, The Proposed Bus F will hwve an additional 23 buses added over the next 5 sears, which wil I increase the total number of buses in ser to 82. - What bus routes will the buses use leaving and returning" Answer'. The proposed route schedule will be very similar to the current route schedule. WBich is as follows: `6 buses leave at :s.-` 6 high school routes 23 buses ]cave at 6 am T l5am, middleschool routes N buses return at 945arn ­ 10 :15a m from routes 30 buses stay at schools 50 buses return at 4:00prn 4:30prn from routes 9 buses retum at 5:00pm 5: 15pm from routes With Departure times starting at _5: tarn — 7:1 5arn and return times between 4:OOpm — 5:30prn there should not be any slarnficant overlap of t m, III c congest I on caused by f I i I I - M u rui Sc hoo I d rop-o fil's and pickups, with a start time of T30ain and end time of 2 -3 )Opm, - History of%Nctlands on the proposed site and impacts? the dift'arence between created oettands and thw;c that were there before any disturbance (see attach. 5) - Does the PTOPOSed po:eJect meet the Maplewood eetland requirements., Arisover. 'I"he PTofx)sed Bus t=actility will Impact . acres of wetland present bel"bre oradino by MNDOT, Ken Robert with the City ofMapIekNood was consulted in July ot to rnak sure that set back requirements were met in the placement of development in order to inect Maplewood's buffer zone requirements (see attach, 7), Mitio tion of wetland impacts far the proposed project will be the creation a i of 50 acres at the t larmons Secondary School S ite, which is in the same watershed district (see attach. 8). In addition Storm Water Drainage StudN was prepared tbr the Proposed Bris facility which will require on site detention ponds (see attach, 9), Air. 'NOise impacts`' Will there he similar residential impacts to those ofthe Rosclawn Bus I �- ac 11t 1v") Attachment I f T- Fl l 1(l fon 'JI-1-1 r 1 -,4 (.1'I :r n i�. u f Y t ucf,", 1 "".1 U�';l S sor u ecd, Hein and P.."Od £ t :lre(" Z� i P 'C C 'I S � C c s r 1 c £'., r c r i k T 7 sr) I � I c 6 - tTa, c. f r i C". n " C t M. s a j -, Tz, S i l- 1 C T 1� r . -4 ool I I I J 31 - cl of n cle �o, c d I S c I u s,T`ct o, N c 0 ti ') r I � . B rl: ' IT T r 'El I L —C '-1 0� TI n al— I—a[l it sT pporLs zri� constr CT tZ S tr:lT`A"C. at - jr! 17 �l 'ed 0 k11 d � c r se"l nn c c. c f� , _)%� o t , on wh c , , . 4 , I ) , ." res L! I — Cll�i i I _M: IT IR by t-e Sdjhool Bo"U of IT1Tdcpcndem Scin-ol D�strict: llo- b-22 that the Schoo 3Oard acceTnt with a7 the fol' Pp.rcciar.lon P(--rm t."eir use as deSiiz ated bv tl-. , - le C Z.� 7 7 C OV?..' i -U Ni� :C C`: December 13, �0105 F age No, IT .. . ...... ...... C Z.� 7 7 C OV?..' i -U Ni� :C C`: December 13, �0105 F age No, IT ..' ttachment 2 Ron C ffoill flic Mar�Io, 2 1 2 Prk1ject niol fliat there in ay the unill ffom the prR)r wolands. I le "vi I I - Crllti liir rc all pro oposak `I lie City kit M,apiclvood perspeCLI'lC 11 (AUICk Ahl IS tl)it 010 Ot)V ('01 L'IltS 11 tit taken I'Ornlal actit)II oil ally ol propo:als. The ("(mflcil liar '111clicaled astaing prcl'crence ii Support (.)f ISD 22 6, M apleAvt)d ilt1d tile ( 'I tY COU1101 I I he C' COIlCCI_I1C(.l "'ill tl le envir(mmental issues t)n tile 501( and wMild UC to) work toy a comnimi �solkjuon that Includes an enviromilental uplzrao10 fOr the proputy. 1 ainscv ('ount Parks IS D 611 The work ( Will, be 111CCIiII2 Witilin the no:xt uwnlh, Chuck Ahl a-rced to) arrange tile next %I v Chuck :\Ill. C, l)0lUWt:11lS Aild l Iwcon.--r ;11111LItCl, (16052 L"O"' Attachment OPTION PRO C 0 N ,., S. 'Fi-GtUre kno %vil Spam Leae as i s Remodel Exls�ng 'Cost svi-icture kno"I'lin Saace hnli�ptions S3 6 Defer.red requi,red Acquire 'Land - Highway 5 Minrial Investment WigaWrl Cost - S)80K Futvre expans'on Redo bulhdmg estimates No Cost transaclio Environmental OpposiVor ISO 1 :- - 22 BUS GARAGE COST ANALYSIS Cost of New Fa,cihty Construct= Costs A; et and W:gaboin 80.000 5,00.0 E-V'r0WoCr eta ' Consu t ng TOTAL COST S 4.1 5, 000 Sa= e of E FaCiRy $ i,850.000) COST TO FINANCE $ 2,275,000 A 1 lmhual Paymem Pinaince fo 20 years 190,370 12 Routes S8,000 S 96,000 12 Roures S4,000 S 48,000 Contract Boa Repairs S 25,000 Bus � a in i n a S 1,500 Energy Savmgs S 5,600 '75.100 TolaI Savngs Other In iar�r* ible i.ems: Secur"' ' ax Levy 'Deterred klaintenaln.ce '-,'%, Comp. I �r �x Attachment 1 `111 - DY 'NIF-TIRAYS ailt I I a I I i I l I: I I t V i:1 i I A • ad R'.1niNc" Cowlt'�­, "'."d 'S �x I I 'llt jcr �I ilh Irl I - It. L l 'I L -1 IS Iv" G ck , 11 }J' ;t? k A U1 W J i `0� IS l,"W", C I ld I id s to � I I IS, C. i L �� C C C I C 'I _CLIM' deta L11 I I diC l '_�Ur' CV� V C U�IaJiIAII. :11 h\ �Fc s6i'll' C IUL�lCk.! Ili L I I I ' mit- _st k ( t) I's o!' 11 1 iCCrS WC [ Li i Id 'S Dt: h "rll €]1i la I l Lid 'Ild Ll!sCd to "'i kx 1'4.71° all LM2d to i) 1 as Nk ctl� n'! i 1 17111 l S iI [h"i Ql " 1M1V1 l;:t: wl{ cillcria - iric sods. ;.I rcdollfi 11,11 We Ot'll %Nk_'d_llid Ili% d'011,W% - 11 kictailed ' , 111Q " 011 1:F1'_'11ICCrs WCOI-IdN I ManuJI Arlin C*orr� %Vetland Veget.ition Sll VeOC%tilO�D t:011SI-AS Or I File w0larld crilcilull 1�_ Mlen tile rc v, I c )G 1C % h are OV, I ill 'A "Iter or SUI)Sl l_1CrI*0 d"A Icient S it OXV%"'Il aS a cSl1 ss c t 19,I1,, of o n,Io;I,:Ckl .dal)led it) l S ', l t J fra I% � this inc kidcs plant coltimun oCns t" hich irid Ito orm I'll S' Circunislanc riaw mkire tlll 11 r_-rceilt o C 111C ICOIIIPNSI io-n ot the doillill'ilip, I,' ecie's fiom all 1 a L strata raiikC'd is ohlivate wellailt] Ii kwillt- ti 'C W"fljIld (J.'AC. and. or 1' cliltut ive i The ii" soll, c LC StSil I'S S I les &L�p r ll 0 ro W rl I sca�4ori to lle ck) p a ill Jero t i -'Ali I o n s Ili L he pp-l- pr, i e, dc in d a inimediately 1''e low tile A-IiorWori k:rIeS0fi ht: 5k1d SLIM ac­. %,. li'k: 1 , 1 c v c I I a k vN c 1987 Corps ot I ligineers _10CIS include tile "11CCUMUlation oforga!� 11i il I, t c r, kvN-dironna Moil III,! riot il Other hydFic .. ilild,Caturs Ire rilaiuld, NccorjjIj; o tile t9S 7 M HILILIL %V"' `I­dI is "ttIC M'Ca 'S 111,111dated a 1 "r CI Ual to 6�6 fi� or tile soil is purnianerill'. or F IC1 al, inc l! atc, LDS IslJrl '�LIZLM"iOrl 51101-11d 001 ��Ahill saturated to the sulfak:c% at so ilic i. J ii In I lu the I: rt) 1 11 i4 SCJSO 11, F-U V 0 .1k: 1 11 k thin It �.�"rhc surfilcc�-" III ��IiCh I�M,11 III a ni�iik�j' :n Rl L� n: co im a led p ruba bsI i I 6-33"„r J prollabdAN 9 14 Latitu 0. .3U11111141 IV 'Lit Uicit mica tUiLl "UtialliLl alV4 "\r ea M"apped SojJN4 ZsN 4 Wetland Welland :Xrea On NNNI I Dominant I nc. I uNinns Conditions Label TN pe o'3 ;N4 VegetAti on Non-IIN(fric Met 0"Ni 'I "x PC XX 3i�� Ld WntCr, AL v N 0 1 b1i vanam urav, dui:k -W a i .i F t ja. 2 leafcau.!! .......... Kinn-'sle% (HI'l, ot FIX rict: CW donfienu (I H) ss If Pi M F0 I Cd T PC rccd PEAJC'� cLirldr, rass 13 a s i n 5 PC Y Y PFAICK common bUCkthorn L' d or "W n Ts i I 13�1":n 6 % 11% S Y 'k h n Ls ................. .... P[Mc\ ...... .. . .... _'dorh r c 4, r . # canar% n -ass, jj�IS�jj 7 - LM S N U do-hcnts F i Ij "\r ea ZsN 4 a i .i ot KISH] 'Th C' probAblI, preLo'm! 2radlml on ii.e. is 'Arcias %Ierk: 4alckjliltv d [IS ond hou!d he :iccurdye. ROW n d 1 !1 st A" m , or, di c 'od Sup, y of %Vt hin , Ton Fw . ! Rl�lm -' 7 pc po:, i 4 P ■ 3 j s x f i Sustainablk- alurnatQw. LEED cerlificaiiiin building pracitces is!) W - I Q nydnivihimc, atul way Qudw� W tMWW"no, M Buildin; €"E :s :,ubnone, itu I (inowhi soinwe haain£ltrod i:Oolol 'o - cncq.' i ( oven nu? A" skmn" awr 1n4 fl'I and accc'��4;i life hr. 4 Reocieti building pitah"u, Rai)411y =c "01c hiukAny pjuu, Mininti/I: I Dj?hpinh).C' It Iminnai/c arificial light 4 Wong AU 0[th"W1T] MOM L`Xpown.. am, oil NAWN hq hwah, puquye�, Mbn k6mckws Aq 11[itiny swinN It a inm awr col lewl A in Aw lamismape iniquion p or rcuNL at mJ%h INN (innounke m matcy technobui 110 crs it inininizo iniper% ions Nurhyci in pwking lot I HAT Wahws kw inmilwhin. "hWo", and :.ii` ir's Stir LUHWkWS fin chmnemia mwer hwiiq- Jud Cidlyclom oT`r%:cxJahQN WyMeal 'WnTN t:o1n,"uh, ho TIA210 'vu-uck ti i L I I �' �' 1 !1'I II i i '. e If It 11 L ( I I i , i (I C J it i t) 1 AhenlyiII; Irownizabon h) sac Hhkc pah) Swwm"awr nhunapnienT ibelwt, �,!TOUTIII rQwm Am I I Quhl whi rhAv juAhnion ,' onu'ol (%linalli/c hi-dinnu) Rcdmv IN thw0a"C (PnICLI aNd evon enhincs 61101 space I 1 widwap. hi rcJucc heat island in J 101 '\0it,': 10 bc c 44 1 111) caliOunkm th"y and oNwT wonwIdenilikin4 wrt: CULNOW and wradal. Iwo kick or can be achics,"! 111.jx wdWg upw Te AVMH ;Aade .Xttach ins nt 8 MICEMCM ammammm m 75 77 x °�� } - �� v � !: '. a +"'. ��. �' .�. 4 A r4 'A - 3 7� ti. z - ;7 ;A Z j Attachment 9 Jan uary 10, 2006 Randy Wagner Dsgw "'400 Margaret Street, Suite 22 North St, Paul, M i nnesota 55 109 Re: preliminary brains -C Considerations and Wetland Impacts Dear Mr, Wagner, F based on the site lavout several wetland basins oijil be impacted. I"'ach '"etland basin was delineated in the field bv Svoboda, and the boundary of'each basin Is sho-wry on the su"-ev. When overlayins-Y the prorx)sed site plan, the l'ollovving table x%as prepared to I 'Itu I Impacts: strate the relat'-.e ' Basitz ( Preseni Reqgj[Cj,�� 1 0.014 acres 2 0.42 acres i 0 297 acres 0 047 acres 0 094 acres 4 0 - acres 0 1 86 acre s ().."372 acres E PLOWF F'NGINF'FRING, INC. From: Chris Roy [ChrisRoy @dot.state.mn.us] Sent: Friday, January 13, 2006 3:04 PM To: Chuck Ahl Cc: Marc Goess Subject: City questions at TH5 /120 Chuck - below are answers to the questions you asked earlier regarding the Mn/DOT property at the intersection of TH 5 and TH 120. Please review the responses and let me know if you have questions or would like additional information. Thank you. Chris The City Council also would like information from MnDOT on other options as follows (the no option to ISD 9622's plan): * Would MnDOT be interested in conveying the property to Maplewood for use as athletic fields? This might include Maplewood leasing the property to Hill- Murray for their use. Does this violate rules? What if the fields were under public ownership, would that change the outlook? Mn/DOT has worked with ISD 622 for at least 5 years on the proposal for a school bus garage on a portion of this site. They have cooperated well and met our conditions for design, compatibility with, and security of the maintenance yard, and need for wetland mitigation credits. Given the level of effort Mn /DOT feels obligated to honor our commitment to IDS 622. They are in the process of meeting our final condition, that the City of Maplewood be comfortable with the proposal. Both the City and the ISD are Mn/DOT partners and Mn /DOT feels an obligation to maintain good relations with both partners. If the ISD and the city can not come terms on a bus garage facility, Mn/DOT would be open to discussing other uses on the property assuming our needs can be achieved. The biggest of our needs is a site for the storage of material. * Under what conditions is MnDOT willing to consider moving their maintenance operations from this site? The existing site works very well as a maintenance yard for outdoor material storage. It is owned by Mn /DOT, isolated, and reasonably convenient to the Oakdale office and the state highway system. Any alternative site would need to meet those same conditions and be available to Mn/DOT at no additional cost to the state. Due to liability issues, the Superfund site in Oakdale does not meet these conditions. FROM: Chris Roy, Regional Manager, MnDOT AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: TH 5 and TH 120 Vacant MnDOT Property -- City Project 03 -20 Presentations and Review of Site Plan Proposals: a) Independent School District #622 /City of N. St. Paul - Greg Hein b) Hill- Murray School - Joe Peschges c) MnDOT Marsh — Ron Cockreil DATE: July 5, 2005 INTRODUCTION The excess right of way on the western side of TH 120 at the intersection with TH 5 has been under discussion for five years regarding the possibility of relocating the ISD #622 bus maintenance facility from downtown North St. Paul to this site. In the past year, Hill- Murray School has also expressed an interest in the property for expansion of their campus and athletic fields. An environmental group, represented by Ron Cockreil, has also expressed interest/concern with site proposals. Each of these groups have been asked to make a presentation to the City Council on their proposal. The action by the City Council will be to consider the proposals and indicate support or dissent on the land use and to provide each of the three groups with direction on how to proceed. Background The City Council considered this item during the Fall of 2003. Attached is a copy of the staff report, dated October 20, 2003, providing a resolution of support for the locating of a bus facility to this property. The City Council failed to adopt this resolution and City Manager Fursman sent a letter to ISD #622, dated November 3, 2003, requesting additional information. On April 7, 2004, the City of North St. Paul responded to questions from the St. Paul's Monastery on concerns with their joint proposal. A copy of that letter from Walter Wysopal, dated April 7, 2004 is also attached. On January 6, 2005, Maplewood staff invited all interested parties to a meeting to share ideas. A work group was established as noted in the attached meeting minutes from January 6, 2005, along with a summary of the discussions. Each of the parties interested in this property has submitted background information that is included with this packet. The ISD #622 proposal from Greg Hein, Director of Business for ISD #622, includes background information on a number of Work Group meetings, including a list of issues raised by Maplewood staff that they have attempted to address. The Hill- Murray proposal from Hill- Murray President Joe Peschges indicates opposition to the ISD #622 /North St. Paul proposal and identifies a plan to convert the property into athletic fields and provide for a second access to their campus facility. Finally, the MnDOT Marsh proposal from Ron Cockreil provides an outline of questions regarding the other proposals. Issues /Discussion A review of each of the proposals should be conducted. This is a unique issue due to the involvement of North St. Paul and their actions regarding the existing ISD #622 Bus Garage Facility in downtown. The MnDOT property can be provided to another level of government at no cost providing the use is for transportation purposes. MnDOT has determined that the bus garage use would be a transportation use and the property would be provided to ISD #622 without charge. This is a major benefit to ISD #622 for their needed expansion. Maplewood staff identified a couple of issues for each of the proposals to attempt to address: • North St. Paul's redevelopment efforts have precluded ISD #622 from expanding in the current location. This opens up property in N. St. Paul and moves the ISD #622 facility to Maplewood, thereby expanding N. St. Paul's borders. What benefit does Maplewood receive? • This property has been severely degraded with maintenance operations over the past 30+ years. What new impacts will result from your proposals that may impact surrounding uses? • The excess right of way should be conveyed to Maplewood. What conditions exist so that Maplewood is not protected from future claims? • A new roadway will be required to access TH 120 at TH 5. By MnDOT policy the roadway must be a public roadway and built by the City. Who pays these costs and how far to the west and south should the roadway be extended? • The site has significant existing and future environmental concerns, including wetland mitigation and protection of existing wetlands. What provisions are provided with each plan? • Other site impacts and/or benefits should be identified in the proposals. Future Action A review of each of the proposals will likely raise a number of issues for investigation. The City Council may wish to provide the applicants with some direction for further study. These are not formal applications for action. If the City Council wishes to give direction to either the ISD #622 or the Hill- Murray proposal, they should direct the proposer to prepare a formal land -use application including a request for a conditional use permit for the use of the property. The Council could add conditions that they suggest will need to be addressed on this site; for example, environmental conditions related to runoff and wetland mitigation. RECOMMENDATION It is recommended that the City Council review each of the three presentations on the TH 5 and TH 120 excess MnDOT Property from ISD #622, Hill- Murray School and MnDOT Marsh. Following review of each of the presentations, the City Council should provide direction on future use of the property. Attachments: 1. Agenda Report on Support for ISD #622 Bus Facility, dated October 20, 2003 2. Letter to ISD #622, dated November 3, 2003, from City Manager Fursman 3. Letter to St. Paul's Monastery, Dated April 7, 2004, from North St. Paul City Manager wysopal 4. Minutes of January 6, 2005 Interested Parties Meeting 5. School District 622 Proposal for Property Use from Greg Hein (Copies provided for City Manager and Council) 6. Hill- Murray Proposal for Property Use (Copies provided for City Manager and Council) 7. Outline of Presentation from MnDOT Marsh — Ron Cockreil AGENDA ITEM ►-_ : 'O:1 TO: City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Resolution Supporting School District #622 Locating a Bus Facility on Excess MnDOT Property at TH 5 and TH 120 Intersection DATE: October 20, 2003 Introduction The City of North St. Paul has been working to relocate the bus garage for School District #622 from their downtown area to a location in Maplewood. The excess right of way at TH 5 and TH 120 is owned the Minnesota Department of Transportation (MnDOT). A resolution of support by the City Council has been suggested as appropriate to convey the city's support for locating the bus garage at that location. Background The City of North St. Paul has addressed the Maplewood City Council on a number of occasions regarding relocation of the School District #622 bus garage to excess right of way in Maplewood at the intersection of TH 5 and TH 120 (Century Avenue). The City of North St. Paul has denied the School District's request to expand their bus facility in the current location due to North St. Paul's desire to redevelop their downtown area. It is staff's understanding that North St. Paul's plans for redevelopment are similar to Maplewood's plans for the Hillcrest area, although details of North St. Paul's redevelopment have not been studied. Over the past years, North St. Paul has studied relocating the School District to a site just south on Holloway Avenue on Century Avenue, east of the TH 5 and TH 120 intersection. The property is right of way originally purchased by MnDOT for the extension of TH 5 through Maplewood into St. Paul. The extension of TH 5 plans have long ago been abandoned and MnDOT has slowly disposed of the property acquired. North St. Paul has proposed a number of plans for the site over the past 4 years, including a plan for Maplewood to agree to annex the area to North St. Paul. The Maplewood City Council rejected the annexation proposal unanimously in 2002. A plan that included an MnDOT electrical facility garage has also been abandoned due to MnDOT `s lack of need for the facility. TL. ere L.I.. + +h.. ... ...; I AI... -+h C+ Paul h��. pro I IIere Is considerable uncertainty about he available property. North St. aul has proposed development of as much as 22 acres of the 40 -acre site. Some reports indicate that 35 of the 40 acres may be wetlands or previously were wetlands that will be restored as part of MnDOT project mitigation plans. The School District has indicated that a 4 -5 acre site would meet their needs, and the City of North St. Paul appears to be pursuing the acquisition of that amount of property for exclusively the School District's needs. The attached resolution indicates the City Council's support for locating the School District bus garage facility at this location. Provisions within the resolution exclude support for locating other facilities at this location until a detailed environmental evaluation is conducted. Recommendation It is recommended that the city council approve the attached resolution supporting School District #622 locating a Bus Facility on Excess MnDOT Property at the TH 5 and TH 120 (Century Avenue) Intersection. RCA Attachment: Resolution 3 Maps of site Letter from North St. Paul to School District RESOLUTION SUPPORTING SCHOOL DISTRICT #622 LOCATING A BUS FACILITY ON EXCESS MnDOT PROPERTY AT THE TH 5 AND TH 120 INTERSECTION WHEREAS, the City of North St. Paul has denied expansion of the School District #622 bus facility in its current location within downtown North St. Paul, and WHEREAS, School District #622 provides educational service to a large portion of the City of Maplewood, and WHEREAS, the City of North St. Paul has proposed to acquire property from the Minnesota Department of Transportation on the eastern side of TH 120 (Century Avenue) at the intersection with TH 5 for the purpose of relocating the bus facility, and WHEREAS, information provided to the City of Maplewood indicates that up to 5 acres of this site is not public wetland areas, and WHEREAS, the MnDOT property was acquired for the purpose of extension of TH 5 through Maplewood into the City of St. Paul, and WHEREAS, said TH 5 extension is no longer a valid project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That the Council supports locating the bus facility on up to 5 acres of property on the eastern side of TH 120 in Maplewood at the TH 5 intersection as a necessary facility for service to School District #622 2. That the Council requests additional information on wetland and possible wetland mitigation at this location be provided prior to supporting any other uses for the property. 3. That this resolution shall be provided to MnDOT representatives, School District #622, and the Cities of North St. Paul and Oakdale as an indication of the City Council's support of the School District facility needs. D N HOWARD ST. 5 th kT. Z Z RD, m D McKNIGHT z RD. r 3 0 CURRIE ST Z NpRT IVY m ST. zT H c ME MOR < 3 3rd 3rd A D MYRTLE ST, B I Z MYRTL= ST. = r z ST I pAKHILL E D D D 3 AMY oD 7 LAKEWOOD DR. > 66 El ppLARZS Z CIR.< � nd LAKEWOOD D £ p r-' A z m � < 1> ISOL. 2nd ST. ST. 5 z ° MAR JD LA. 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PAUL c t o I)nn oepte iiue _ '10 , _UUJ Mr. Dan Kaler, Superintendent ISD 622 Education Center 2520 E 12th Avenue North Saint Paul, MN 55109 Dear Dan, 2526 East Seventh Avenue North Saint haul, Minnesota S S 109 The amity o `vv iii c ui:it Paul is ncarin� tiie completion of acquiring the rights to 5 acres of MNDOT property located at the intersection of Highways 5 and 120. I will be meeting with NINDOT representatives soon to finalize the agreement. Apparently, 1NINMOT will need the majority of acreage of the entire 24 acre site for wetland mitigation stemming from other highway projects. Therefore, only 5 acres will be available for the School District. Our desire is to acquire the 5 acres so that we may use it as trade material with the School District for its existing bus garage property located in North Saint Paul. As you know, the 5 acres of property is located in the municipal boundary of the City of Maplewood. You will need to gain zoning and building approvals from the City of Maplewood. It is, however located in the City of North Saint Paul's electric distribution area. The nearest Water and sewer services lines are located in North Saint Paul. It is our understanding the construction financing would be done by the School District. Please let me know if you have any questions regarding this project. We appreciate your continued cooperation. Sincerely alter T. Wys ppI City Manager Va. Richard Fursman, City Manager Maplewood November 3, 2003 Dr. Dan Kaler Superintendent School District 622 2520 East 12 t1i Avenue North St. Paul, MN 55109 RE: Bus Garage Dear Dan: The Council took action at the October 27, council meeting on the proposed bus garage to be located on the MNDOT owned and operated site in Maplewood. The Council would like to consider a resolution in favor of the project. but would like School District action first. The Council would like a resolution from the School Board indiratina that they nre in favor of nnrd intend to move ahead with n hus garage in the aforementioned location. The Council would further like the board to indicate that other sites have been found to be unsuitable as a result of your search. As the council prepares to act on this issue they would like to be assured that the board is in favor of the action and would like the City's assistance. If you have any questions on this matter, please let me know. Very truly yours; -- ,..Richard Pursman City Manager Richard.fursman(cr) le wood.mn.us OFFICE OF THE CITY MANAGER 651-770-4524 CITY OF MAPLEWOOD 1 830 EAST COUNTY ROAD B MAPLEWOOD, MN 55109 April 7, 2004 Sister Annette St. Paul's Monastery 2675 Larpenteur Ave. E. Maplewood, MN 55109 Dear Sister Annette; 2526 East Seventh Avenue North Saint Paul, Minnesota SS109 Thank you for the hospitality you showed the Mayor, myself and Scott Duddeck the other morning. We were pleased to be able to provide to you an overall project summary for the joint use facility between the City of North St. Paul and the North St. Paul/ Maplewood /Oakdale School District. We were grateful to have the opportunity to answer the many questions that were raised by the sisters, the friends of the Monastery and neighbors. If additional questions come up, please do not hesitate to give me a call. in reviewing my notes from the meeting mere appeared to ne three areas or concern raised. ine first being environmental impacts a bus garage may have on the animals, plants, and hydrology of the area. Second was the possible noise impacts the bus garage would 'nave on the Monastery and nearby homes. Thirdly was the concerning proper procedures with the DNR and MnDOT. The City and the School District will be using the next 30 days to prepare further studies regarding these issues. The School District will also be preparing a financial analysis to discern financial feasibility. The next step for this project will be to take any revised plans to the Maplewood City Council for consideration. It is expected this would take place in mid May. We will provide you advance notice of that meeting and also make ourselves available for a meeting with you and your community prior to the Maplewood City Council meeting. We assure you that the City and School District will give the environment the same high level of attention and concern to the siting of a bus garage as you are giving to your own redevelopment plans. Sincerely, Waiter T. Aso al City Manager Cc: Mayor and City Council Dan Kaler, Superintendant Richard Fursman, City Manager, Maplewood Your hometown ... with a future as great as its past. Agenda Item J2 . E. - .PAC I m Ui o im 1 622 Fm ( mon r 0[ i v Nomii Si. P,wi - Nhi r.vww) 11i,1tw 1vI "11, Nmm Si. I'wi, NIN 57109 BUSINESS SERVICES June 29, 2005 MEMO FROM: GREG 11E1N ISD 4622 Director of Business TO : MAPLEWOOD CITY COUNCIL Attached is a submittal of information for the City Council .luly I I electing. It includes answers to specific questions raised by Chuck Ali], City Engineer for review by council members prior to our presentation. Sincerely. ot Greg I ieitl CONTACT REPORT To: Attendees From: Gregory Hein, C.P.A., ISD 622 Director Re: Meeting Land Development Plans, 6/13/05, 3:00 p.m., ISD Administration Center Site: MN DOT Land Adjacent to Highway 120, South of Holloway Avenue in the City of Maplewood Attendees: Frank Pafko, MN DOT Marc Goess, P.E., MN DOT Steve Moravitz Hill Murray High School Gregory Hein, CPA, ISD 622 Director Andrew J. Golfis, System G Inc. Scott Duddeck, North St. Paul Community Service Manager Randy Wagner, A.I.A., D. S.G.W. Chuck Ahl, P.E., Maplewood P.W. Director Richard Fursman, Maplewood Admin The ISD 622 Director requested the meeting to review Hill Murray High School plans for additions to the proposed site development on MN /DOT property (location above). A history of the MN /DOT property proposed development plans over the past three vears was given by Frank Pafko of MN /DOT. This brought us up to date on MN /DOT current plans which include the following: • MN /DOT will retain 5 acres for continued dry storage operation. • MN /DOT will, with the concurrence of the City of Maplewood, convey 5.4 acres to the ISD 622 for a future bus facility in exchange for wetland credits in the existing watershed. • MNDOT would convey the remaining 8 acres to the City of Maplewood or ISD 622 in exchange for wetland credits and site screening to be negotiated, if the City would use the site for a public purpose. • MNDOT would consider conveying the remaining 8 acres to the City of Maplewood or ISD 622 for fair market value, if the city or School district would use the site for a non - public purpose. • MNDOT will retain the entire parcel if mutual concurrence cannot be obtained. • Because of the proposed bus facility timeline has been held up by additional meetings with Hill Murray High School in order to accommodate their proposals. MN /DOT has agreed to issue a permit to construct to the I.S.D. 622 Bus Facility in order to meet their construction deadline of the fall of 2006. I.S.D. 622 prepared a revised layout of the site with a suggested road alignment to Hill Murray School and had sent a copy of the layout to Hill Murray for their comments a week before the meeting and didn't receive any comments back. The I.S.D. 622 prepared the layout because Hill Murray did not want to spend any more time on -1_.,_- Tl..._ 1 1:11 RA.. - ... ..L JL - .... ..1... ... ., 14.......+ l,. take no an -' I eVibll lg PIdI 1J. 1 I IC r IVIUI I ay Jldl l �JCI SVI I dl 111C I I ICCLI[ l VVaJ LI ICI t: LV Id RC no d11V offered no suggestions to the proposed layout. Chuck AN with the City of Maplewood suggested that the road should not cut the site in half but should tie into the Hill Murray High School and not impact wetlands to the west. At this point Chuck AN informed the attendees that Hill Murray High School had made a request to meet with the City Council with an independent plan of their own. The City Council was scheduled to meet on July 11, 2005 and Mr. AN had scheduled time for I.S.D. 622 and Hill Murray High School to present their plans at that time. He also had prepared a list of questions that he thought would be helpful to address in the presentation on the 11" and if possible, to have written answers in advance of the presentation, July 1, 2005 being the deadline. Attached is the list of questions from Mr. Ahl. Questions Manlawnnfi will hn Innt <inn for on the following issues /ouesions reaardincl your proposal: • The actions of North St. Paul have moved the Bus Facility (a non -lax paying property use) from downtown North St. Paul onto property in Maplewood as a redevelopment initiative. This redevelopment initiative appears to expand the borders of property in North St. Paul by opening new developable properties. What is the benefit to Maplewood? • The Bus Garage Facility creates significant potential for air and noise pollution during operations. What controls are proposed if the facility is placed in Maplewood to provide relief to area residents? • MnDOT policy provides that excess right of way within a jurisdiction is conveyed to that jurisdiction. What conditions are involved in Maplewood conveying the property to ISD #622? • We understand a roadway is proposed in any of the scenarios on the property. What costs are associated with this roadway? We assume the roadway will be a public roadway due to the access point at TH 5/120. In any public roadway scenario, the City of Maplewood will be constructing that roadway. What assurances of payment of roadway costs are included in the proposal? • This site has significant environmental concerns. Either the Hill- Murray proposal or the ISD #622_ proposal will need to have Pnvironmenlal controls provided, especially, rnitigalion of any wetlands within the drainage district and low impact development criteria applied. What conditions to protect the environmental features are included in your plans? • The Maplewood City Council has been informed on the on -going discussions regarding this site; but will need presentations from both ISD #622 and [Jill- Murray on their proposals. We have met with Hill- Murray and informed them of the issues related to their desired use of the site and with this e -mail, I believe you also are informed of the information that we would like you to respond to. We have scheduled a hearing to allow both ISU #622 arid Hiii -Murray to present their information to the City Council on Monday evening, July 11 th. Our meetings start at 7:00 pin. I will know a little better about 5 days prior to that meeting the approxiniate time you will be on the agenda. We look forward to seeing your proposals and hearing your plans for the property. Richard and I will be in attendance. Chuck Question 1: See Questions Answer: The City of North St. Paul is not involved with the development or ownership of the ISD 622 Bus Facility. The ISD 622 is the sole developer r n _� _i — -' '_ -- _L__I .;al.. AANI /f1!'1T r__ ai.._ pas' ai......., UT Lne p rUpUSeU IJI UJeCL d1 IU f lds V1WUf K VNI II I IVI IV/ UV I � VI U IC tJaSL if II CC years negotiating a land exchange for a new facility that had the following attributes: More room to expand the current operation 60 buses to 72. Find a site with good proximity to major traffic collectors. A location that is centrally located in the ISD 622 School District service area. (See Map A) Benefits to the City of Maplewood: • A better school bus facility to serve all District 622 students. • Ease of traffic congestion by adding additional access point to Hill Murray. • Expands District 622 property tax base, benefiting taxpayers in Maplewood, North St. Paul, Oakdale, Lake Elmo and Woodbury. • Provides city with an 8 acre parcel for future use of which District 622 would consider a possible joint project to construct an eiivirU niientai fear iii �g c enter. Question 2: See Quest1Ull5 Answer: The proposed bus facility will not exceed any state or federal threshold for air or noise pollution. The proposed facility will be visually screened by berms and vegetative plantings. The proposed building will be constructed with the environment in mind, in which consideration will be given to the possibly of incorporating LEED certification design criteria which includes the following features: -4- Ground source heating and cooling (renewable energy) 4L Green room for stormwater management and accessible for observing wetlands 41� Recycled building products 4- Rapidly renewable building products � Minimize finishes Daylighting to minimize artificial light +y Orientation of building for optimum solar exposure 4- Waste oil boilers for heating purposes 4- Motion detectors for lighting systems 44- Rainwater collection for landscape irrigation purposes or reuse at wash bay (innovative waste water technology) � Pavers to minimize impervious sur(hces in parking lot i� Higher R- values for insulation, Nvindows and doors 4- Wind energy AL Solar collectors for domestic water heating 4- Storage and collection of recyclables Low emitting maternars 3- Mechanical systems controls for night setback -4- Pavers to minimize impervious surfaces in parking lot Alternative transportation to site (Bike path) k Storm water management (below ground storage tanks for retention) - Light and noise pollution control (Minimize yard lighting) 4- Reduce site disturbance (protect and even enhance open space) 4- Landscape to reduce heat islands in parking lot Question 3: See Questions Answer: MN /DOT can convey title of property that it owns directly to public entities for a transportation purpose, which includes ISD 622. Question 4: See Questions Answer: MN /DOT will convey 1.5 acres of land to the City of Maplewood for construction of a public road to access the ISD Bus Facility and Hill Murray High School and any other public development that may occur on the remaining property. The City of Maplewood will be responsible for road construction costs. (See Maps B &C) Question 5: See Questions Answer: The ISD 622 Bus Facility has been coordinating all proposed elements with the Ramsey/Washington County Watershed District for the past 3 years identifying wetlands and reviewing the results with Tom Peterson with the Ramsey County SWCD Office, Mark Gernes with the MN /PCA, and T orn Fell with the Corp of Engineers. peers. The DNR are riot in volved because there are no protected waters. The coordination started with a delineation of existing wetlands and compared them with aerial photography for 1957, 1970 and 1996 witch were used to identify existing wetlands before MN /DOT graded the site. We reviewed this with Cliff Aichinger and staff of the Ramsey - Washington Metro Watershed District to determine which wetlands were natural and which were created. (See map D &E) The Blue Line indicates wetland boundaries from 1957, the Yellow areas are wetlands created by grading the interchange and are not considered natural wetlands that need to be mitigated by state law. The Green shaded areas are wetland that currently exist and were there in 1957. n . 1...1: ,.I al..� :a... t.. ,J .. ..I.. ..l .+ { ;L. o. C.. .1.4. — I�, -- 4 - 4 /111 evaluation VI the site IVI UCVCIIJpiilent o LIIC UUS I cicnity VVQJ IVl,CALCu on the site to minimize its impact to the Green wetlands. The total impact to these area wetlands for the Bus Facility is .20 acres. Mitigation of 1.0 acres will be within the drainage district on land the ISD 622 owns. 3 n a L M Fw r ���r `K �-�=�? �, fir:, . � ...,-� ��, ILI (Ze, 44W r 01 Fw r ���r `K �-�=�? �, fir:, . � ...,-� ��, ILI (Ze, 44W -------------------- Z IA Go V > r— I m ,�TURY S T A FAr H G B r7mm . It v —77 6 0, IM I N Irm—T 'k� l-V M M I k al A I k LAU &e. IS pla, L - =jxA mix IJ TOV TOW 1- - - sin 3, Createm In 5, Crest Aa. - s � t vry r7mm . It v —77 6 0, IM I N Irm—T 'k� l-V M M I k al A I k LAU &e. IS pla, L - =jxA mix IJ TOV TOW 1- - - sin 3, Createm In 5, Crest Aa. - s � t is VOW ic rn elf A, \\A, 00 > r m m 0 all 1444R 1 S T A r H 1 1 G R - Y N O. I a 0 - I I I u 11 y A Y$ I U F ------------- Agenda Item J2 Hill- Murray School Background & Proposal for Development of MnDot Land Presented to Maplewood City Council July 11, 200 Hill- Murray School -0LJ Larpenieur five. E. Maplewood, MN 55109 Proposal for Use of MnDot Land On July 11, 2005, both Hill - Murray School and Independent School District 9622 (North St. Paul /Oakdale /Maplewood) will present differing proposals to the Maplewood City Council for the development of land contiguous to the property that Hill- Murray currently occupies. The approximate 20 acres is owned by MnDot. The 20 acres are contiguous to a significant amount of area designated as wetlands. Ramsey County Parks and Recreation owns approximately 39 additional acres bordering the MnDot land and the Hill- Murray campus. In a series of open, forthright individual and group meetings over the past months, Hill - Murray has met with the City of Maplewood, Ramsey County Parks, Rnmcav /Wnchinatnn Cnimty TVtatrn WntPrcharl Tlictriot City nfl\Tnrth Ct Pahl City of Oakdale, 3M, St. Paul's Monastery, and private citizens concerned with the environment. As a result of these conversations and meetings, Hill- Murray School must oppose the use of the land for a bus terminal as proposed by ISD #622 for the following reasons: 1. Health, safety, and quality of life concerns for its students and area residents related to bus emissions, noise pollution, and bus traffic. 2. The negative environmental impact on wetlands and other natural resources that would result from the bus terminal. 3. Safety issues and congestion by adding bus traffic to streets already congested. Because of these traffic safety concerns and health concerns for it students and other Maplewood residents in the area such as the Mapletree Daycare center bordering the land proposed for the bus terminal and the Sisters of St. Benedict of St. Paul's Monastery, Hill - :Murray proposes a plan that will better serve the community than a joint plan with Independent School District #622. Hill- Murray's Proposal (See man at hack of packet) Hill - Murray's request for the entire parcel of approximately 18 acres stems from its needs to: • Alleviate unsafe congestion and traffic conditions on Larpenteur and Century Avenues. Hill- Murray has conducted a joint study with the City of Maplewood and consulted with the Maplewood Police Department to determine how to ameliorate these public safety issues. Currently a large number of Hill - Murray students must park on Larpenteur Avenue, and Hill- Murray only has entrances to its site from Larpenteur. During the morning and afternoon drop -off and pick -up periods, there are often traffic back up issues extended all the way to Hwy 5 from Hill - Murray entrances. The Maplewood Police Department states that it wishes to support a plan that alleviates these unsafe conditions. • Add parking, athletic fields and learning areas to its present campus of less than 40 acres. Studies indicate that a school of 1000 -1500 students requires at least 60 acres. Hill- Murray's enrollment of 1000 continues to grow. • Hill - Murray's plan calls for the development of athletic fields, and the City of Oakdale has expressed interest in the possibility of working with Hill- Murray on their development. The athletic fields are needed to address gender equity at Hill - Murray as well as to support the needs of surrounding communities. When the school was built 40 y ears ago, there was no Title lX and girls athletic programs were minimal. Since the explosion of girls' athletics, Hill - Murray has dealt with the need for resources in a piecemeal fashion. But the school now needs to address the issue in a comprehensive way, by adding more athletic fields. • Hill- Murray is open to sharing usage with the area residents of Maplewood and other surrounding communities. The plan also calls for an environmental education park surrounding the athletic fields that would include walking trails incorporated into the forested areas and the wetlands. The park could be open for use by the public. • Hill - Murray also proposes a roadway that would connect Century Avenue to Larpenteur Avenue, giving the school new entrances and exits from the east and west sides of the campus, which would have a large impact on alleviating congestion on Larpenteur and Century. Benefits of the Hill- Murray Proposal 1. The H -M plan will have a much lower environmental impact than the ISD 9622 plan. Athletic fields are permeable, minimizing impact on wetlands. The bus parking facility will require more hard surface areas. Bus emissions and noise will have an impact on Hill- Murray students, Mapletree Daycare children, and the Maplewood and Oakdale residents who live very near. There is a Healtheast hospice facility across Century Avenue from the proposed site; St. Paul's Monastery is very near; and a housing development is very nearby the location. Hill - Murray's athletic fields and environmental education plan will present neither of these issues. 2. The Hill- Murray plan will alleviate traffic safety issues, while the ISD #622 plan will bring large numbers of buses into the problem area. It is very questionable that a new terminal on the site as proposed by the school district will alleviate traffic safety issues in the area, even accounting for the addition of a new roadway. With the bus terminal in that location, buses will need to use Century Avenue to enter and exit the terminal, and are likely to use Larpenteur Avenue as well. The bus traffic may cause additional safety issues on these busy thoroughfares. �. Hill Murray and its predecessor schools (Hill High School and Archbishop Murray Memorial High School) has been a resident of Maplewood for over 40 years, serving literally thousands of Maplewood, North St. Paul, and Oakdale students who have chosen the Hill- Murray educational option. Spurred by the need for additional land, in the last two years the school conducted extensive research about the relative merits of relocating to another community with available land. The research indicated that the school could be viable at either site. Hill - Murray chose to remain in Maplewood and continue to serve surrounding residents. Survey respondents from Maplewood, Oakdale, North St. Paul, as well as other communities nearby, indicated strongly that they wanted the school to remain in Maplewood. Hill- Murray opted to stay, but needs additional land in order to meet residents' needs. 4. St. Paul's Monastery, on land bordering the proposed site for development, has a history of contributing to the quality of life to the City of Maplewood. In past years, it has expressed its interest in maintaining forest and wetland areas, and has provided land across Larpenteur to Maplewood. and property across Century to Oakdale. two major parcels of land that will be preserved and not developed commercially. Hill- Murray's plan for an environmental education park with walking trails will offer additional opportunities to connect with trails now being planned on the land that was reserved. The Sisters of St. Benedict oppose the bus terminal on the same environmental. safety, and health issues as those expressed by Hill - Murray School. 5. Hill - Murray offers many opportunities for Maplewood residents, not only as a Catholic school choice but also as an important community educational and cultural resource. It is recognized as one of the state's finest college preparatory high schools, and in fact. is one of onlv 19 hiLh schools throughout the entire state accredited as college preparatory by the North Central Association. It is a cultural asset, offering excellent theatre productions and concerts to the public and even free productions for area senior citizens. The local community theatre (Pioneer Theatre Co.) creates its productions on the Hill- Murray stage. It offers area elementary schools a band program, which they could not conduct themselves. It is a member of the same athletic and music conferences as ISD 4622 schools. Each year our students volunteer over 10,000 hours of community service, many of them in Maplewood. Many Maplewood vendors count Hill - Murray and Hill - Murray parents as their customers. In short, Hill - Murray is proud to be a resident of Maplewood and proud to serve its other residents. The City of Maplewood will be better served aesthetically with walking trails and athletic fields than a bus terminal located at an entry point from Oakdale to Maplewood. Plus, its campus offers residents an environment free of housing and commercial property, creating a "green" area that enhances the community image. Conclusion Hill- Murray School looks forward to working with the City of Maplewood, Ramsey County, MnDot, concerned environmental organizations, and the greater community to _7 ____1 _ _7 1_ 1 1 Tl- f'II 11 .f I - 11 !` 1 develop and restore tuts parcel of property. f ne Iirii- iviurray plan calls for ine enhancement of property wetlands for environmental and educational purposes for use by the public, the development of athletic facilities for use by ­­ iii- iviurray students as weii as residents in surrounding communities, and finally the alleviation of traffic congestion and safety issues on Century and Larpenteur Avenues. 4 L Z LLJ Z g LL O J J Z W Z Q = J w W w w �z Qo ¢ a 0 O _+ X Q Z Ir o O J W J o W O r (n Z LL ° a 0 x W ~ W w ¢' U IW- N Z r W rcxi xv z z �0- 0 o xw o �a pHQ a w LL �a Z � �a a J m w a J 00 QLL' w d' Q w' yW o H w �0> r Q JZ WWZ O °� O r r� �r a Z x w a Z N� Q LL �� o cc U zo � � I.L O � �O x LL ~ U � m� ° a o o J 7 o w O v W �° W Z mU 7a pow z P_: J LL N Z— VJoP- L R 2a P LL w U ,^ V . Q (nEL Q L w 7 Q a/ 0: U z 2 Q S of J 2' xa W z J LL w LL Q a ~ W Z x0 S U S w U� J w Sa F o U w X 1 QO o .. co J Q �» azc �� z� _ d N W W a m U o w LL o x _ -) Y ¢ ¢� For presentation to the Maplewood City Counsel Monday July 11, 2005 By Ron Cockriel The following is an outline of my presentation to the Maplewood City Counsel regarding the many issues and concerns surrounding the current land use and project proposals. Topic: Development of the MnDot property at Holloway and Highway 120 to insure the [iighest and best use of the property is determined. 1 . Who has the greatest need and best use for the property? 1� 3 How will other agencies and communities benefit from alternative proposals? (M the neighbors, Hill Murray/Benedictine Monastery, District 622, Ramsey County, DNR, North St Paul, Oakdale and Maplewood) Agenda Item 4 K- I Agenda Report To: Mayor and City Council From: Richard Fursman City Manager Date: January 23, 2006 Subj: Political Campaign Activity Questions/Clarifications/Policy Formation Background: At the January 9, 2006 council meeting, a request for policy clarification on campaigning on City property was presented to the city council. (See Exhibit D f ©r the complete report) The council requested clarification on definitions and further information as follows: 1_ The definition of political activity_ 2. The definition of campaigning, campaign material and campaign activity and what types of activities fall within each of these categories. 3. The history of transferring ownership of the fire stations to the city and the custom of use of the fire stations. 4. Identify the difference between non - public forum and public forum_ 5. Clarify how section 14 of the Policy and Procedure for Council and Council Meetings was enacted as referenced in the agenda report. 6_ Policy of other cities. At Issue • Clarify how section 14 of the Policy and Procedure for Council and Council Meetings was enacted as referenced in the agenda report. The "Rules of Procedure for City Council and Council Meetings" is reviewed at least once a year and as often as appropriate. Each member of the council has the authority to suggest changes to the rules and all rules and changes can be enacted by a majority of the council. (See exhibit B). • The council was presented with the following information regarding Section 14, of the City Council Administrative Policies prohibiting the use of all municipal buildings and equipment for campaign purposes: The provision states: "City Fall is a nonpublic forum and prohibits all campaigning forpublic office within all municipal buildings and equipment, except for candidate foruins held during designated hours at a designated place by non-partisan political organifations ... scheduled in coordination with the City. " This was in error. The actual adopted policy reads only, "City Hall is a non-public forum and prohibits all campaigning fQr public office within all municipal buildings and equipment. " The other language was introduced to help clarify that the City would allow non - partisan groups to hold candidate forums to accommodate groups such as the League of Women Voters. The additional language was not adopted, however the City Manager has the authority to grant exceptions as described on page 5 of the City personnel policy under the heading of Political Activity: • POLITICAL ACTIVITY o Although City employees have the right to express their views and to pursue legitimate involvement in the political system, no employee of the City shall directly or indirectly, during hours of employment, solicit or receive funds for political purposes. Further, any political activity in the workplace must be pre - approved by the City Manager to avoid any conflict of interest or perception of bias such as using authority or political influence to compel another employee to apply for or become a member in a political organization (Page 5, personnel policy, Revised November 19, 2001). o Also in the aforementioned personnel policy is language clarifying the manager's role when interpreting policies: "Accordingly, the City Manager may expand, clarify, or amend these administrative rules and policies at his/her discretion to assure efficient and effective management of City departments" (Page 2, personnel policy). • The definition of political activity, etc. The following is lifted directly from the office of Revisor of Statutes, State of Minnesota. 211B.01 Definitions. Subdivision 1. Application. The definitions in chapter 200 and this section apply to this chapter. Subd. 2. Campaign material. "Campaign material" means any literature, publication, or material that is disseminated for the purpose of influencing voting at a primary or other election, except for news items or editorial comments by the news media. Subd. 3. Candidate. "Candidate" means an individual who seeks nomination or election to a federal, statewide, legislative, judicial, or local office including special districts, school districts, towns, home rule charter and statutory cities, and counties, except candidates for president and vice-president of the United States. Subd. 4. Committee. "Committee" means two or more persons acting together or a corporation or association acting to influence the nomination, election, or defeat of a candidate or to promote or defeat a ballot question. Promoting or defeating a ballot question includes efforts to qualify or prevent a proposition from qualifying for placement on the ballot. Subd. 5. Disbursement. "Disbursement" means an act through which money, property, office, or position or other thing of value is directly or indirectly promised, paid, spent, contributed, or lent, and any money, property, office, or position or other thing of value so promised or transferred. Subd. 6. Po purposes" when the indirectly, voting include news items news media. Litical purposes. An act is done for "political act is intended or done to influence, directly or at a primary or other election. This does not or editorial comments published or broadcast by the HTST: 1988 c 578 art 3 s 1 ; 2004 c 293 art 3 s I Copyright 2005 by the office of Revisor of Statutes, State of Minnesota. • Identify the difference between non - public forum and public forum. Public is defined in Webster's New Collegiate Dictionarry in various ways including: 5a.: "assessable to or shared by all members of the community" (Copyright 1981 by G. & C. Merriam Co. p. 925). Non -Public is not defined specifically in Webster's, however, (non) is defined as 3: "lacking the usual characteristics of the thing specified" (Webster's New Collegiate Dictionary. Copyright 1981 by G. & C. Merriam Co. p. 772). Forum is defined in Webster's New Collegiate Dictionary in various ways including: 1 b.: "a public meeting place for open discussion" (Copyright 1981 by G. & C. Merriam Co. p. 449). I also conducted some research on the question of definitions and have included a paper on defining the public forum presented by Exploring Constitutional Law on the WEB (See Exhibit A) • History of transferring ownership of the fire stations to the city and the custom of use of the fire stations. Prior to 1997 the City contracted with three separate fire entities. The three were combined in 1997 and became the City of Maplewood Fire Department. I have attached some legal documents that give complete detail on this issue. As to the customs of use of the fire stations, In the Maplewood Fire Department Policy Information and Recommended Operating Guidelines, Section 29, Page 75, Use of Fire Stations —Section A Meeting Rooms Employees must receive approval from the district chief for use of the stations. Station 2 must be reserved by contacting the Fire Administration. The stations may be used by current and retired members of the department and their immediate families for baby showers, bridal showers, graduations, funeral luncheons, family reunions, etc. Item F of Section 29 states the City fire station and equipment are non - public forums pursuant to city policy. Therefore, all campaigning for public office is prohibited on this property. Within the authority of the district chiefs and their good judgment and following city policies, it has always been at the discretion of the district chiefs to allow or not allow requests for the use of the station by firefighters. Other uses of the station have been grooms dinners, birthday parties, family gatherings, holiday parties, retiree gatherings, a wedding, Superbowl parties, light repair of personal vehicles, washing personal vehicles, etc. For further information regarding use of the fire stations, please refer to Section 29, Page 75 of the Maplewood Fire Dept. Policy Information and Recommended Operating Guidelines. (Please see exhibit C for the complete Section 29 — Use of Fire Stations) • Policy of other cities on Campaigning. A request was made from several cities to share their policies regarding campaign activity on City property. The following is a sampling of replies: From the Citv of Faibault: SUBJECT: EMPLOYEE ETHICS 4.3 PURPOSE: The purpose of this policy is to establish guidelines for ethical standards of conduct which shall govern City employees in the performance of City business and the duties of their respective jobs. This policy is intended to provide positive direction to City employees in order to prevent potential conflicts of interest. This policy is not all - encompassing in its definition of conflict of interest. The "prudent person" theory can and will be applied: action deemed inappropriate by a reasonable person, whether specifically cited in this policy or not, will be subject to inquiry. 3. Political Activities: A. No City employee may use City time or property in any manner to promote any political issue or candidate, or to solicit funds for any political purpose or to influence the outcome of any election. B. If a City employee is appointed or elected to any public office when the holding of such office would be incompatible or would substantially interfere with the discharge of official duties, they will resign their employment with the City or take a leave of absence as determined by the City Administrator. Citv of Eden Prairie From the handbook for employees: As an individual, a City employee may express his or her opinion on political issues and candidates, and otherwise participate in public affairs when not discharging official duties during off work hours. Political activity must not impair the neutral and efficient performance of official duties. The following activities are prohibited for City employees: * Soliciting or receiving political funds during work hours. Using their authority or official influence to compel another employee to 1) apply for membership in or become a member of a any political organization, 2) pay or promise to pay a political assessment, subscription, or contribution, or 3) take part in a political activity. Using municipal employment to influence, interfere with, or affect an election campaign or the results of an election. No employee may engage in personal political activity while on City time or while discharging City responsibilities. No employee may act in a manner that suggests that the City either supports a particular candidate or political issue or endorses the personal political opinions of the employee. Use of City vehicles, facilities, equipment, or other resources while engaging in political activities is strictly prohibited, unless City resources are available to the public at large for use in connection with political activities {e.g., a meeting room reserved by a particular group). Employees should recognize that their actions may reflect on the City of Eden Prairie and should make every effort, without restricting and consistent with their right to engage in political activity, to protect and retain the political neutrality of the City. From the Olmsted County: POLITICAL ACTIVITY County Employees may seek political office or participate in the campaigns of political candidates within the constraints of Minnesota Statutes 21113.09. An employee or official of the state or of a political subdivision may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in political activity. A political subdivision may not impose or enforce additional limitations on the political activities of its employees. County employees may not: 1. Solicit or receive funds for a political candidate during working hours. 2. Actively conduct a campaign during working hours. 3. Use their authority or official influence to compel others to contribute campaign or become a member of an organization. 4. May not use equipment or buildings in support of any political campaign or election. Where a potential conflict exists, employees may request or be asked to take an unpaid leave of absence in accordance with state law or other County Board policy. From the City of Minnetonka: Minnetonka has an unwritten policy that no campaign activities may occur within the buildings used for city government and the provisions of services, including fire stations. In contrast, residents can reserve rooms in the community center for some campaign activities, because we can't regulate their use of rooms based on the content of their speech. We do regulate activities in the buildings that are closely associated with the seat of government power because we need to maintain neutrality. We are the people who conduct elections and therefore cannot appear to give favor to anyone. Campaign activities may occur on the sidewalks in front of those buildings because that area has long been recognized as a place for people to express political opinions. From the Citv of Shoreview City Code of Ethics section that applies to employees and City Councilmembers under section 309.040 (L). It prohibits use of City equipment and facilities for political campaign activities unless such equipment or facilities are available to the public. For example, if they would have used or rented a room at the Community Center in the same manner as other groups, I think it would be legitimate. From the City of Lake City: The City of Lake City has established guidelines for use of the meeting rooms located in the Lake City, City Hall. The City of Lake City reserves the right to restrict usage of the rooms. Partisan political campaign activities on behalf of a candidate for office will not be permitted. However elected officials may conduct town meetings for the citizens of Lake City in the rooms. From the City of Roseville: Personnel Policy Handbook: Political Activity City employees are prohibited from the following: Soliciting or receiving political funds during work hours using his or her authority to compel any employee to 1) apply for membership in or to become a member of a political organization; 2) pay or promise to pay any assessment, subscription or political contribution, or 3) take part in any political activity. Any City employee found guilty of a violation of this section shall immediately have his or her employment with the City terminated. City employees should recognize that, as public employees, their actions may reflect on the organization. Every effort should be made to protect and retain the City government's apolitical nature. This section will not be construed to prevent any employee from being a member of a political club or organization, or to prevent attendance at political meetings, or enjoying entire freedom from interference in casting their vote for candidates of their choice." Fire Department Standards: "H. Politics PROHIBITED POLITICAL ACTIVITY An employee shall not: Use the authority of the Department or official title to compel any other employee in the City classified service to take part in any political activity. Engage in political activity during compensated hours of work, or while in uniform. Wear political buttons or advertisement while in uniform." Exhibit A Introduction The Supreme Court has developed a tripartite categorization of public spaces where expressive activities may take place. Different First Amendment issues arise in each of the three categories of public spaces. The three categories of public spaces identified by the Court are (1) the traditional public forum, (2) the designated public forum (which might be either "limited" or "unlimited "), and (3) the non - public forum. This page will consider how the Court has defined the traditional public forum, and how it has applied the First Amendment to regulations restricting speech in the traditional public forum. DEFINING THE PUBLIC FORUM Our first case, Hague v CIO (1939), considers an ordinance which gave a city official the discretion to decide whether an organization seeking to hold a meeting in public spaces in the city would be allowed to do so. Whenever the official concluded that the meeting posed a risk of disturbances, he could reject the request. The Court ruled the law void on its face. The Court said, "Streets and parks ... have immemoriably been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public issues. Such use has, from ancient times, been part of the privileges, immunities, and liberties of citizens." Some justices concluded that the law violated the Fourteenth Amendment's privileges and immunities clause, while Justice Stone argued that law violated the First Amendment, as incorporated. In another set of cases decided that same year, the Court struck down ordinances banning leafletting- justified as a means of preventing littering --on city streets and sidewalks (Schneider v State). The Court indicated in Schneiderthat when it comes to restrictions on speech in a traditional public forum, it will not be enough for the government to show that its ban is content- neutral. Frisby (1988), Kokinda ( 1990), and 1nt7 Society for Knisna Consciousness v Lee (1992) all consider what places shall be considered part of the traditional public forum. Frisby involved an ordinance banning picketing "before or about" any residence. The ordinance was challenged by pro -life demonstrators who had picketed in front of an abortion doctor's suburban home. Although Justice Stevens argued that streets in residential areas should be considered outside of the traditional public forum, the Court majority disagreed, saying it didn't want to get into "a particularized inquiry about the nature of the street." (Nonetheless, the Court upheld the ban on residential picketing, concluding that it served the important interest of protecting residential privacy.) Kokinda (a case argued for the government by now Chief Justice John Roberts) involved a challenge to Post Office rules that prohibited solicitation on a sidewalk leading only from a parking lot to the post office. Four members of the Court argued that a sidewalk used only by people on their way to conduct post office business falls outside the traditional public forum. Five members of the Court -- warning again of the dangers of "particularized inquiries " -- thought that the sidewalk was within the traditional public forum. (The Court, however, left the solicitation ban in place when one of the five justices (Kennedy) accepting the broader view of what constitutes the public forum joined four colleagues with the narrower view in voting to uphold the ban.) Intl Society for Knisna Consciousness v Lee offers us the Court's most interesting discussion of how the public forum should be defined. At issue, was how to categorize the concourse area of airports, a place long used by members of the Krisna religion to distribute literature and solicit funds. Chief Justice Rehnquist and four other members of the Court took the limited view that only places that "have time out of mind" been used for expressive activities should be within the definition of the forum. His focus on traditional use, as well as the principal purpose of the public space (here, to facilitate transportation, not to be a spot for expressive activities) led him to conclude that the airport concourse was not part of the traditional public forum. Justice Kennedy and three other justices took issue with Rehnquist's forum analysis. They suggested instead a more objective "functional test." Noting that airports today look a lot like Main Streets of old, that airports are open to the public, and that the operation of airports is compatible with many kinds of expression, Kennedy argued that the airport concourses should be considered part of the most speech - protected public forum. (Swing Justice O'Connor, after joining Rehnquist's forum analysis, nonetheless voted to strike down the airport ban on leafletting- -while voting to uphold the ban on solicitation - -, giving the Krisnas a 5 to 4 split decision.) Exploring Constitutional Law was created for use by law students and others interested in understanding our nation's most important document. This is an educational, non - commercial site. This site was formerly called Exploring Constitutional Conflicts. The link to their site can be found at: hqp: / /www.law.umkc. edu /faculty/Trojects /ftrials /conlaw /tradforum.htm Exhibit B. The entire section 14 a' of the Rules of Procedure for City Council and Council Meetings reads as follows: Section 14 COUNCIL ADMINISTRATIVE POLICIES D. Other Matters 1. Council audiotapes shall be retained for one year. 2. A permit fee for an event sponsored by the City may be waived by the City Manager. 3. The City, at the discretion of the City Manager, can allow the building to be closed early on the day before Christmas and the day before New Year's. 4_ Commercial and multiple - dwelling traffic should not be directed through single - dwelling neighborhoods, unless there is no reasonable alternative. 5. City Hall is a nonpublic forum and prohibits all campaigning for public office within all inunicipal buildings and equipinent. Exhibit C SECTION 29 - USE OF FIRE STATIONS USE OF FIRE STATIONS A. Meeting Rooms. Employees must receive approval from the District Chief for use of the stations. Station Two must be reserved by contacting the Fire Administration. The stations may be used by current and retired members of the Department and their immediate family for baby showers, bridal showers, graduations, funeral lunches, family reunions, etc. B. No employee or retired employee or members of the employee's immediate family shall leave any non - employee or non- family member unattended at any of the City's fire stations. Children shall not be left unattended at any time. If a call is dispatched and the employee has family members present, arrangements shall be made for their supervision before the employee leaves for the call. C. No employee or retired employee shall give a key to any of the City's fire stations to any non - employee. If any non - employee requires the use of any of the City's fire stations and is in need of a key, they shall request permission from the Chief or the Deputy Chief. D. Employees may use station facilities to perform minor maintenance (i.e. washing, waxing, oil changes, tune up and parts replacement) on their vehicles. City supplies shall not be used for maintenance of personal vehicles. Employees shall not perform such maintenance on their vehicles while being paid for any Department activity. All waste, oil, parts and refuse shall be removed from the facility upon completion of the maintenance activity. No employee shall bring more than one vehicle into the facility at one time. Employees shall obtain prior approval from the District Chief if a vehicle is to be left in a station for more than four hours. No Department vehicle or ambulance will be moved outside and /or allowed to run while personal maintenance is being performed when the temperature is below 32 degrees Fahrenheit or when there is inclement weather. E. (f) The City's fire stations and equipment are nonpublic forums pursuant to City policy. Therefore, all campaigning for public office is prohibited on this property. Exhibit D Agenda Item 4 LS Agenda Report To: Mayor and City Council From: Richard Fursman City Manager Date: January 9, 2006 Subj: Political Campaign Activity Policy /State Law Violations Background: On October 17, and again on October 24, 2005, political campaign activity was conducted at fire station 4. On October 25, 2005, after receiving notice of this issue, I authorized an independent investigation. The investigation was conducted by Michelle Soldo from Carlson & Soldo, P.L.L.P. During the period November 15, 2005 through December 27, 2005, interviews were conducted and City records were reviewed. The independent investigator concluded that several provisions of city policy were knowingly violated by city employees. It was further concluded that an attempt "...to conceal the campaign activity..." was conducted. The matter concerning city employees has been handled by me in accordance with my duties as described in Minnesota State Statues: 412.651. At Issue The council may want to consider important issues that have been revealed as a result of this investigation which are beyond my role as City Manager. This report is presented to the Council in public session to eliminate any public perception that any candidate received approved contributions-in- kind or had the official endorsement of the City, which would potentially contribute to violations of the Fair Campaign Practices Act, Chapters 21 IA and 2118 of the Minnesota Statutes. I would add emphasis that neither I nor any department heads gave permission to anyone to use City facilities for the purposes of campaigning. 2. Section 14, of the City Council Administrative Policies prohibit the use of all municipal buildings and equipment for campaign purposes: The provision states: "City Hall is a non public forum and prohibits all campaigning for public office within all municipal buildings and equipment, except for candidate foruins held during designated hours at a designated place by non-partisan political organizations ...scheduled in coordination with the City. " The council may want to review this policy for matters of consistency with State Laws regulating elections. The questions on point are: Are incumbent officials prohibited from conducting some campaign activities that challengers are not ?" If this is the case, then our policies may be inconsistent with the Law's desire to create an "even" playing field. Also: Does the City have a policy that is enforceable on some violators (city employees) but unenforceable on others? For Example: If an elected official requests to use a building far campaigns purposes and a subordinate employee allows this, I am obligated to investigate the employee for violation of policy, but the elected affzcial might not be held accountable. • In this type of scenario, the City Manager has an obligation to enforce policy on employees who may be influenced by elected officials to violate the policy in the first place. I bring this forward to the Mayor and City Council with the understanding that this matter is most sensitive. I am also compelled to adhere to the ICMA Code of Ethics, Tenet 10 to "Resist any encroachment on professional responsibilities, believing the member should be free to carry out official policies without interference, and handle each problem without discrimination on the basis of principle and justice" (ICMA Code of Ethics, Tenet 10). This is further clarified in the guidelines, that, "The member should openly share information with the governing body while diligently carrying out the member's responsibilities as set forth in the charter or enabling legislation" (ICMA Code of Ethics, Tenet 10, Guidelines). Resolution to this matter is urgent as another election and campaign process is now underway for the vacant council seat. AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND GLADSTONE VOLUNTEER FIRE DEPARTMENT THIS AGREEMENT made and entered into by and between the City of Maplewood (hereafter "City ") and the Gladstone Volunteer Fire Department (hereafter "Gladstone "). WHEREAS, Gladstone has operated as an independent non - profit corporation providing contract fire services to the City for many years. WHEREAS, Gladstone has acquired assets including real estate, fire apparatus, other personal property and cash. WHEREAS, the City desires to operate its own volunteer fire department, hereafter "Maplewood Department ", beginning January 1, 1997. WHEREAS, the parties desire to merge and incorporate the Gladstone Department into the Maplewood Department along with the Parkside and East County Line Volunteer Fire Departments, including the transfer of firefighters and officers and the transfer of assets. WHEREAS, the parties desire to set forth in this agreement the terms whereby such merger and transfer of assets is accomplished as well as the commitments and obligations of the City in consideration for Gladstone's actions; simultaneously separate but similar agreements will be entered into between the City and the other departments, referred to previously. NOW, THEREFORE, it is hereby agreed by and between the parties, as follows: 1. Merger of Department. On or about January 1, 1997, the Gladstone Department will merge into a municipal department; simultaneously two other departments, the East County Line Volunteer Fire Department and the Parkside Volunteer Fire Department will merge into the Maplewood Department upon terms similar to the terms of this agreement. 2. Auxiliary. A single non - profit corporation shall be established which shall act as an Auxiliary to the merged department. Three separate divisions will be established within that Auxiliary with specific responsibility for the three former departments. The purpose for the Auxiliary shall be to foster social, recreational, motivational and fund raising objectives for current and retired firefighters and officers The Auxiliary and its members may have reasonable use of non -fire fighting facilities and equipment as members previously had under the Gladstone Fire Department. Activities of the Auxiliary will be funded by its own programs as well as the following: A. Each of the three independent departments may retain up to $10,000.00 cash, each, from their assets prior to the merger; and B. The City will contribute $10,000.00 per year for the three former departments for three years on or before January 31, 1997, 1998 and 1999, for a total of $30,000.00 from charitable gambling receipts. The Auxiliary may take appropriate actions to enforce this agreement for a period of three years from January 1, 1997. 3. Assets of Department. A. All assets of the Gladstone Department, including real estate, fire apparatus, personal property, cash and investments, unless otherwise specifically covered in this agreement, will be transferred to the Maplewood Department. All costs associated with such transfer of assets, including preparation and filing of appropriate documents, shall be funded by the City. Such assets will be used at and for the benefit of the former Gladstone Department, firefighters and officers. B. Equipment from the Gladstone Department will be assigned to the stations 2 formally manned by members of the Gladstone Department. Any change of location of such equipment shall be accomplished only where reasonable and appropriate and only after advice from the Equipment Committee, hereafter referred to. C. The equipment replacement plan totalling $1,245,000 in the City's 1997- 2001 Capital Improvement Plan will be followed. The exact allocation of resources will be reviewed by the Equipment Committee and the Chief's staff. D. Cash assets will be transferred to a special fund in which there will be three separate interest bearing accounts (if the City holds the department's current investments, the account shall reflect earnings on the investments such as dividends and capital gains). Districts for the former corporations will have access to these funds for mutually- agreed upon purchases of equipment or physical improvements for each station. Gladstone will dedicate $50,000 to the first two fire trucks for the 120 and 170 stations ($25,000 each). 4. Selection of Personnel. A. In recognition of the training, selection process and qualifying criteria of the Gladstone Department, all officers and firefighters of the Gladstone Department in good standing as of December 31, 1996, shall be offered positions on the Maplewood Department effective January 1, 1997. B. Existing officers (chiefs, captains, lieutenants and engineers) from the Gladstone Department will be offered appointments as officers of the Maplewood Department and shall continue in those positions for at least two calendar years from January 1, 1997. They will be subject to removal for cause by the Fire Chief. Thereafter the Maplewood Fire Department will follow an officer selection process which imay include testing, interviews and /or 3 peer evaluations. This process will apply to all officers including the Assistant Fire Chief. C. Attached hereto as Exhibit A is an organizational chart describing the initial placement of officers and firefighters within the municipal department. 5. Former Training Levels. If any firefighter or officer was exempted from EMT certification prior to January 1, 1997, such firefighter or officer shall continue to be exempt from such certification after January 1, 1997. 6. Business Meetings. The City will allow and encourage full Department and district meetings. All of these meetings shall be open to the chiefs in the Department. When these are official meetings, firefighters will receive call credits for attendance. 7. Compensation. A. Former Gladstone firefighters on the Maplewood Department shall be paid a minimum of $12.00 per call, drill or meeting, quarterly. B. New firefighters shall be paid a minimum of $5.00 per call, drill or meeting, quarterly. Such amount shall be increased by $1.00 per call, drill or meeting for each of the following certifications or qualifications attained by the new firefighters: EMT FFI Haz -Mat Operations Upon attaining all of these certifications or qualifications, new firefighters shall receive $12.00 per call, drill or meeting, and thereafter, such new firefighters shall receive periodic increases as other firefighters receive. C. Officers shall receive the following compensation for services performed for the Maplewood Department, in addition to the call, drill and meeting compensation, 4 described above: Lieutenants - - $500.00 per year Engineers - - $600.00 per year Captains - - $1,000.00 per year Battalion Chiefs - - $2,000 per year District Chiefs - - $3,000.00 per year Assistant Chiefs - - $5,000.00 per year D. Effective January 1, 2002, compensation for officers and firefighters will be adjusted annually at rates comparable to other City employees. E. Until there is a revision of policies, all new firefighters will be apprentice firefighters for a period of one year. 8. Advisory Teams (Committees) Seven. firefighter advisory teams will be established initially. These committees will be for the areas of: Discipline Rules, Regulations, SOPs EMS Safety Equipment Training Recruiting The scope of activity of the Discipline Advisory Team will be limited to policy recommendation; it will not be involved in matters of disciplinary action. Other committees may be added as necessary or desirable. They will be ad hoc or standing committees as appropriate. The Chiefs Committee will decide what additional committees may be needed. Additionally, the Chiefs Committee may determine when advisory teams, including any one of the initial seven, should be dissolved. For all advisory teams or committees, the Chiefs Committee will develop processes for firefighters to be selected to serve on them. 9. Station Names. The names of the stations existing prior to the merger shall be 5 continued by the Maplewood Department after the merger. 10. Fire Relief Association -- Pension Schedule. The parties agreed that the pension plan to be offered through the Maplewood Fire Relief Association should be structured as a defined benefit plan. The City will fund the plan for the following benefit levels: 1997 $2,600 2002 $3,200 1998 2,800 2003 3,300 1999 2,900, 2004 3,400 2000 3,000 2005 3,500 2001 3,100 2006 3,600 11. Liabilities of Gladstone Department At the time of merger and upon dissolution of the Gladstone Corporation, any and all liabilities incurred by the Gladstone Department prior to the merger, such as but not limited to, workers' compensation, tort, contract, Relief Association, fiduciary responsibility, and employment (excluding discrimination claims), shall be assumed by the City. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. Dated: r�f F. p 1996. ! 9 Gladstone Volunteer Fire Department By Its: Chief Dated `- ; ,..� n`' , 1996. By Its: Assistant Chief 1001 City of Maplewood Dated: ®— 1996. By Its Dated: IO - /,Y` , 1996. By_ Its: Manager /u /melis d /wp /GladstoneFD /Agreement. fin AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND PARKSIDE VOLUNTEER FIRE :DEPARTMENT THIS AGREEMENT made and entered into by and between the City of Maplewood (hereafter "City ") and the Parkside Volunteer Fire Department (hereafter "Parkside ") WHEREAS, Parkside has operated as an independent non - profit corporation providing contract fire services to the City for many years. WHEREAS, Parkside has acquired assets including real estate, fire apparatus, other personal property and cash. WHEREAS, the City desires to operate its own volunteer fire department, hereafter "Maplewood Department", beginning January 1, 1997. WHEREAS, the parties desire to merge and incorporate the Parkside Department into the Maplewood Department along with the Gladstone and East County Line Volunteer Fire Departments, including the transfer of firefighters and officers and the transfer of assets. WHEREAS, the parties desire to set forth in this agreement the terms whereby such merger and transfer of assets is accomplished as well as the commitments and obligations of the City in consideration for Parkside's actions; simultaneously separate but similar agreements will be entered into between the City and the other departments, referred to previously. NOW, THEREFORE, it is hereby agreed by and between the parties, as follows: 1. Merger of Department. On or about January 1, 1997, the Parkside Department will merge into a municipal department; simultaneously two other departments, the East County Line Volunteer Fire Department and the Gladstone Volunteer Fire Department will merge into the Maplewood Department upon terms similar to the terms of this agreement. 2. Auxiliary. A single non - profit corporation shall be established which shall act as an Auxiliary to the merged department. Three separate divisions will be established within that Auxiliary with specific responsibility for the three former departments. The purpose for the Auxiliary shall be to foster social, recreational, motivational and fund raising objectives for current and retired firefighters and officers. The Auxiliary and its members may have reasonable use of non - fire fighting facilities and equipment as members previously had under the Parkside Fire Department. Activities of the Auxiliary will be funded by its own programs as well as the following: A. Each of the three independent departments may retain up to $10,000.00 cash, each, from their assets prior to the merger; and B. The City will contribute $10,000.00 per year for the three former departments for three years on or before January 31, 1997, 1998 and 1999, for a total of $30,000.00 from charitable gambling receipts. The Auxiliary may take appropriate actions to enforce this agreement for a period of three years from January 1, 1997. 3. Assets of Department. A. All assets of the Parkside Department, including real estate, fire apparatus, personal property, cash and investments, unless otherwise specifically covered in this agreement, will be transferred to the Maplewood Department. All costs associated with such transfer of assets, including preparation and filing of appropriate documents, shall be funded by the City. Such assets will be used at and for the benefit of the former Parkside Department, firefighters and officers. B. Equipment from the Parkside Department will be assigned to the stations 2 formally manned by members of the Parkside Department. Any change of location of such equipment shall be accomplished only where reasonable and appropriate and only after advice from the Equipment Committee, hereafter referred to. C. The equipment replacement plan totalling $1,245,000 in the City's 1997- 2001 Capital Improvement Plan will be followed. The exact allocation of resources will be reviewed by the Equipment Committee and the Chief's staff. D. Cash assets will be transferred to a special fund in which there will be three separate interest bearing accounts (if the City holds the department's current investments, the account shall reflect earnings on the investments such as dividends and capital gains). Districts for the former corporations will have access to these funds for mutually- agreed upon purchases of equipment or physical improvements for each station. 4. Selection of Personnel. A. In recognition of the training, selection process and qualifying criteria of the Parkside Department, all officers and firefighters of the Parkside Department in good standing as of December 31, 1996, shall be offered positions on the Maplewood Department effective January 1, 1997. B. Existing officers (chiefs, captains, lieutenants and engineers) from the Parkside Department will be offered appointments as officers of the Maplewood Department and shall continue in those positions for at least two calendar years from January 1, 1997. They will be subject to removal for cause by the Fire Chief. Thereafter the Maplewood Fire Department will follow an officer selection process which may include testing, interviews and /or peer evaluations. This process will apply to all officers including the Assistant Fire Chief. 3 C. Attached hereto as Exhibit A is an organizational chart describing the initial placement of officers and firefighters within the municipal department. 5. Former Training Levels. If any firefighter or officer was exempted from EMT certification prior to January 1, 1997, such firefighter or officer shall continue to be exempt from such certification after January 1, 1997. 6. Business Meetings. The City will allow and encourage full Department and district meetings. All of these meetings shall be open to the chiefs in the Department. When these are official meetings, firefighters will receive call credits for attendance. 7. Compensation. A. Former Parkside firefighters on the Maplewood Department shall be paid a minimum of $12.00 per call, drill or meeting, quarterly. B. New firefighters shall be paid a minimum of $5.00 per call, drill or meeting, quarterly. Such amount shall be increased by $1.00 per call, drill or meeting for each of the following certifications or qualifications attained by the new firefighters: EMT FFI Haz -Mat Operations Upon attaining all of these certifications or qualifications, new firefighters shall receive $12.00 per call, drill or meeting, and thereafter, such new firefighters shall receive periodic increases as other firefighters receive. C. Officers shall receive the following compensation for services performed for the Maplewood Department, in addition to the call, drill and meeting compensation, described above: 4 Lieutenants - - $500.00 per year Engineers - - $600.00 per year Captains - - $1,000.00 per year Battalion Chiefs - - $2,000 per year District Chiefs - - $:3,000.00 per year Assistant Chiefs - - $5,000.00 per year D. Effective January 1, 2002, compensation for officers and firefighters will be adjusted annually at rates comparable to other City employees. E. Until there is a revision of policies, all new firefighters will be apprentice firefighters for a period of one year. 8. Advisory Teams (Committees) Seven. firefighter advisory teams will be established initially. These committees will be for the areas of: Discipline Rules, Regulations, SON EMS Safety Equipment Training Recruiting The scope of activity of the Discipline Advisory Team will be limited to policy recommendation; it will not be involved in matters of disciplinary action. Other committees may be added as necessary or desirable. They will be ad hoc or standing committees as appropriate. The Chiefs Committee will decide what additional committees may be needed. Additionally, the Chiefs Comunittee may determine when advisory teams, including any one of the initial seven, should be dissolved. For all advisory teams or committees, the Chiefs Committee will develop processes for firefighters to be selected to serve on them. 9. Station Names. The names of the stations existing prior to the merger shall be continued by the Maplewood Department after the merger. 5 10. Fire Relief Association Pension Schedul The parties agreed that the pension plan to be offered through the Maplewood Fire Relief Association should be structured as a defined benefit plan. The City will fund the plan for the following benefit levels: 1997 $2,600 2002 $3,200 1998 2,800 2003 3,300 1999 2,900 2004 3,400 2000 3,000 2005 3,500 2001 3,100 2006 3,600 11. Liabilities of Parkside Department. At the time of merger and upon dissolution of the Parkside Corporation, any and all liabilities incurred by the Parkside Department prior to the merger, such as but not limited to, workers' compensation, tort, contract, Relief Association, fiduciary responsibility, and employment (excluding discrimination claims), shall be assumed by the City. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. Dated: , 1996. Dated: �'" o 1996. Parkside Volunteer Fire Department Its:, i'e - City of Maplewood Dated: ) Q -- Z-'it , 1996. By _ Its: MEay r Dated: 10 , 1996. By Its: Manager / u/ melisd /wp /PazksideFD /Agreement.fin AGREEMENT BETWEEN THE CITY OF MAPLEWOOD AND EAST COUNTY LINE VOLUNTEER FIRE DEPARTMENT THIS AGREEMENT made and entered into by and between the City of Maplewood (hereafter "City ") and the East County Line Volunteer Fire Department (hereafter "East County Line "). WHEREAS, East County Line has operated as an independent non - profit corporation providing contract fire services to the City for many years. WHEREAS, East County Line has acquired assets including real estate, fire apparatus, other personal property and cash. WHEREAS, the City desires to operate its own volunteer fire department, hereafter "Maplewood Department ", beginning January 1, 1997. WHEREAS, the parties desire to merge and incorporate the East County Line Department into the Maplewood Department along with the Gladstone and Parkside Volunteer Fire Departments, including the transfer of firefighters and officers and the transfer of assets. WHEREAS, the parties desire to set forth in this agreement the terms whereby such merger and transfer of assets is accomplished as well as the commitments and obligations of the City in consideration for East County Line's actions; simultaneously separate but similar agreements will be entered into between the City and the other departments, referred to previously. NOW, THEREFORE, it is hereby agreed by and between the parties, as follows: 1. Merger of Department. On or about January 1, 1997, the East County Line Department will merge into a municipal department; simultaneously two other departments, the Parkside Volunteer Fire Department and the Gladstone Volunteer Fire Department will merge into the Maplewood Department upon terms similar to the terms of this agreement. 2. Auxiliary. A single non - profit corporation shall be established which shall act as an Auxiliary to the merged department. Three separate divisions will be established within that Auxiliary with specific responsibility for the three former departments. The purpose for the Auxiliary shall be to foster social, recreational, motivational and fund raising objectives for current and retired firefighters and officers. The Auxiliary and its members may have reasonable use of non -fire fighting facilities and equipment as members previously had under the East County Line Fire Department. Activities of the .Auxiliary will be funded by its own programs as well as the following: A. Each of the three independent departments may retain up to $10,000.00 cash, each, from their assets prior to the merger; and B. The City will contribute $10,000.00 per year for the three former departments for three years on or before January 31, 1997, 1998 and 1999, for a total of $30,000.00 from charitable gambling receipts. The Auxiliary may take appropriate actions to enforce this agreement for a period of three years from January 1, 1997. 3. Assets of Department. A. All assets of the East County Line Department, including real estate, fire apparatus, personal property, cash and investments, unless otherwise specifically covered in this agreement, will be transferred to the Maplewood Department. All costs associated with such transfer of assets, including preparation and filing of appropriate documents, shall be funded by the City. Such assets will be used at and for the benefit of the former East County Line 09 Department, firefighters and officers. B. Equipment from the East County Line Department will be assigned to the stations formally manned by members of the East County Line Department. Any change of location of such equipment shall be accomplished only where reasonable and appropriate and only after advice from the Equipment Committee, hereafter referred to. C. The equipment replacement plan totalling $1,245,000 in the City's 1997- 2001 Capital Improvement Plan will be followed. The exact allocation of resources will be reviewed by the Equipment Committee and the Chief's staff. D. Cash assets will be transferred to a special fund in which there will be three separate interest bearing accounts (if the City holds the department's current investments, the account shall reflect earnings on the investments such as dividends and capital gains). Districts for the former corporations will have access to these funds for mutually- agreed upon purchases of equipment or physical improvements for each station. E. The City of Maplewood agrees to work with the City of Oakdale for an ongoing contract to provide fire services, to negotiate a mutually acceptable disposition of assets, and to cooperate in potential future transitions. 4. Selection of Personnel. A. In recognition of the training, selection process and qualifying criteria of the East County Line Department, all officers and firefighters of the East County Line Department in good standing as of December 31, 1996, shall be offered positions on the Maplewood Department effective January 1, 1997. B. Existing officers (chiefs, captains, lieutenants and engineers) from the East 3 County Line Department will be offered appointments as officers of the Maplewood Department and shall continue in those positions for at least two calendar years from January 1, 1997. They will be subject to removal for cause by the Fire Chief. Thereafter the Maplewood Fire Department will follow an officer selection process which may include testing, interviews and /or peer evaluations. This process will apply to all officers including the Assistant Fire Chief. C. Attached hereto as Exhibit A is an organizational chart describing the initial placement of officers and firefighters within the municipal department. 5. Former Training Levels. If any firefighter or officer was exempted from EMT certification prior to January 1, 1997, such firefighter or officer shall continue to be exempt from such certification after January 1, 1997. 6. Business Meetings, The City will allow and encourage full Department and district meetings. All of these meetings shall be open to the chiefs in the Department. When these are official meetings, firefighters will receive call credits for attendance. 7. Compensation. A. Former East County Line firefighters on the Maplewood Department shall be paid a minimum of $12.00 per call, drill or meeting, quarterly. B. New firefighters shall be paid a minimum of $5.00 per call, drill or meeting, quarterly. Such amount shall be increased by $1.00 per call, drill or meeting for each of the following certifications or qualifications attained by the new firefighters: EMT FFI Haz -Mat Operations Upon attaining all of these certifications or qualifications, new firefighters shall receive $12.00 4 per call, drill or meeting, and thereafter, such new firefighters shall receive periodic increases as other firefighters receive. C. Officers shall receive the following compensation for services performed for the Maplewood Department, in addition to the call, drill and meeting compensation, described above: Lieutenants - - $500.00 per year Engineers - - $600.00 per year Captains - - $1,000.00 per year Battalion Chiefs - - $2,000 per year District Chiefs - - $:3,000.00 per year Assistant Chiefs - - $5,000.00 per year D. Effective January 1, 2002, compensation for officers and firefighters will be adjusted annually at rates comparable to other City employees. E. Until there is a revision of policies, all new firefighters will be apprentice firefighters for a period of one year. 8. Advisory Teams (Committees). Seven firefighter advisory teams will be established initially. These committees will be for the areas of: Discipline Rules, Regulations, SOPS EMS Safety Equipment Training Recruiting The scope of activity of the Discipline Advisory Team will be limited to policy recommendation; it will not be involved in matters of disciplinary action. Other committees may be added as necessary or desirable. They will be ad hoc or standing committees as appropriate. The Chiefs Committee will decide what additional committees may be needed. Additionally, the Chiefs Committee may determine when advisory 5 teams, including any one of the initial seven, should be dissolved. For all advisory teams or committees, the Chiefs Committee will develop processes for firefighters to be selected to serve on them. 9. Station Names. The names of the stations existing prior to the merger shall be continued by the Maplewood Department after the merger. 10. Fire Relief Association -- Pension Schedule. The parties agreed that the pension plan to be offered through the Maplewood Fire Relief Association should be structured as a defined benefit plan. The City will fund the plan for the following benefit levels: 1997 $2,600 2002 $3,200 1998 2,800 2003 3,300 1999 2,900 2004 3,400 2000 3,000 2005 3,500 2001 3,100 2006 3,600 11. Liabilities of East County Line Department At the time of merger and upon dissolution of the East County Line Corporation, any and all liabilities incurred by the East County Line Department prior to the merger, such as but not limited to, workers' compensation, tort, contract, Relief Association, fiduciary responsibility, and employment (excluding discrimination claims), shall be assumed by the City. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. East County Line Volunteer Fire Department BY '' 6?6 ) Z,2tQ Its: Chief Dated: C 1996. By - Its: Assistant Chief City of Maplewood Dated: 0 CA . 17 , 1996. By Its: l o Dated: Oc :- -. 17 , 1996. By Its: Manager /u /melisd/wp /EastCtyFD /Agreement. fin 7 Agenda Item K2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January 17, 2006 RE: 2006 City Council Appointment Introduction At its first meeting of the year the City Council officially makes annual appointments to organizations of which the City is a member and to those who serve at the pleasure of the Council. Those appointments were made. At the request of Mayor Longrie Historical Preservation Commission was added to the agenda for council appointment. Lois Behm, the former Deputy Clerk is the current liaison between the City and the HPC. There has not been a staff person or a council liaison appointed in the past. Agenda Item 4 K -3 Agenda Report To: Mayor and City Council From: Richard Fursman City Manager Date: January 23, 2006 Subj: St. Paul Water Regional Water Services Council Appointment Background: There is a seat on the Board of Water Commissioners to represent the City of Maplewood for the years 2006 and 2007. Mayor Cardinal was the City's (and Suburban) representative for the past several years. The JPA for Suburban Representation is attached for your information. *Also included is a list of the meeting dates for 2006, which are generally the second Tuesday of the Month. The Board meets at 5:00 PM in room 330 of the Saint Paul City Hall. The suburban representatives are provided with a parking pass that allows them parking in the Civic Center Ramp on the day of the Board Meetings. The Board of Water Commissioners consists of 3 City of Saint Paul Council Members, 2 citizen members from Saint Paul (all of which are appointed by the Mayor of Saint Paul) and two suburban representatives whose terms rotate between the cities of Maplewood, West Saint Paul, Lauderdale and Falcon Heights in accordance with the attached JPA. The Board sets policy and guides the future direction of SPRWS and its staff. Once the appointment is made, I inform General Manager, Steve Schneider, and he will provide a packet of background information, and the agenda and packet for the next Board meeting scheduled for February 14, 2006. 1 will also send a letter indicating Maplewood's appointment and contact information. Recommendation: Council appoints a member to the St. Paul Regional Water Board. * BOARD MEETING DATES2006 Board meetings are usually held on the second Tuesday of the month in Room 330, City Hall. When there is a change in date or location, people will be notified. February 14, March 7, April 11, May 9, June 6, July 11, August 8, September 12, October 10, November 14, December 5 JOINT POWERS AGREEMENT FOR SUBURBAN REPRESEN'T'ATION SELECTION PROCESS TO THE BOARD OF WATER COMMISSIONERS This agreement, made and entered into as of this A day of — 2002, by and between the Cities of Falcon Heights, Lauderdale, Maplewood, and West St. Paul, municipal corporations under the laws of Minnesota (hereinafter referred to as "Suburban Cities "). WITNESSETH: WHEREAS, the Board of Water Commissioners (hereinafter referred to as the "Board "), is a municipal corporation organized under the 1885 Laws of the State of Minnesota, Chapter 110, which laws originally provided for a five (5) member governing commission; and WHEREAS, the Saint Paul Charter Commission and Saint Paul City Council have authorized that the composition and governance of the Board of Water Commissioners be enlarged and changed so as to allow for representation by suburban municipalities that have contacted with the Board for the provision of water services, as more fully explained in Saint Paul City Council Resolution No. 96 -1369, which is attached hereto as Exhibit "A"; and WHEREAS, prior to January 1, 1998, the Board of Water Commissioners consisted of five total members: three (3) Saint-Paul City Council members appointed to two (2) year terms by the Mayor of Saint Paul, and two (2) at -large Saint Paul citizen members appointed to four (4) year terms by the Mayor of Saint Paul; and WHEREAS, in a contract with the City of Maplewood for the provision of water services, Maplewood and the Board agreed to enlarge Board membership to six total members with the additional member representing the City of Maplewood, as more fully explained in the following (Article I, Section 3): 99548 v2 a In accordance with the terms of the proposed amendment to the Saint Paul City Charter the Maplewood representative on the Board of Water Commissioners will be a resident of the City of Maplewood appointed by the Mayor and City Council of Maplewood and who shall serve for a term of four (4) years. The appointment by Maplewood will be made by January 1, 1998. In the event of a tie vote on any issue, the Mayor of Saint Paul shall be considered an ex officio member of the Board with the right to vote to break the tie vote; and WHEREAS, in Article 1, Section 4 of the same Maplewood Agreement, the Board agreed to seek to enlarge the Board membership to seven total members in the event that other suburban cities enter into similar agreements with the Board, as more fully explained in the following: In the event that at least three (3) additional suburban cities enter into agreements with the Board that are similar to this Maplewood Agreement, Water Board membership will be expanded to seven (7) members. The two (2) non -Saint Paul resident members will thereafter represent all of the suburban cities, including Maplewood. In the event that the total of residential accounts plus commercial and industrial accounts (excluding auto -fire accounts0 of communities outside the City of Saint Paul and. served by agreements similar to this Agreement exceed forty -three percent (43 %) of the total Board's accounts, the number of Saint Paul appointees will be changed to four and suburban representation to three; and WHEREAS, the Cities of Falcon Heights, Lauderdale West St. Paul have executed agreements similar to the Maplewood Agreement, and therefore are entitled to seek and expand Board membership to a total of seven members in order to increase the suburban representation on the Board; and WHEREAS, the parties to this Agreement are desirous of jointly and cooperatively developing a plan to select the present and future suburban representatives to the Board of Water Commissioners; and NOW, THEREFORE, the parties hereto do hereby jointly agree to the following: SECTION L GENERAL PURPOSE It is the general purpose of the parties to this agreement to jointly and cooperatively develop a plan to appoint the original suburban representative(s) to the Board of Water Commissioners and to select replacement 99548 v2 2 representative(s) for appointment following the term expiration(s) of the original representative(s) or in the event that a suburban representative is unable to complete a term. SECTION II. SELECTION OF SUBURBAN REPRESENTATIVES TO THE BOARD OF WATER COMMISSIONERS The parties agree that the two suburban representatives shall be selected on the following basis and according to the following terms: 1. The two suburban seats shall be designated as Seat A and Seat B. 2. The City of Maplewood shall appoint a representative to the Board, designated as Seat A, and said appointee was designated as of January 1, 1998 through December 31, 2001, with a second four -year term from January, 1, 2002 through December 31, 2005. After this term ends, the seat shall become a two -year term seat,and shall be rotated among the suburban representatives in the following order: , a) . Lauderdale (2006 -2007) b) West St. Paul (2008 -2009) c) Falcon Heights (2010 -2011) d) Maplewood (2012 -2013) 3. The second suburban representative shall be designated as Seat B, and shall be a two -year term seat with the first term commencing January 1, 2002 and ending December 31, 2003. Representation on Seat B shall be rotated among the suburban representatives in the following order: a) West St. Paul (2002 -2003) b) Falcon Heights (2004 - 2005);: C) Maplewood (2006 - 2007) ✓ d) Lauderdale (2008 -2009) 99548 v2 3 r 4. The parties agree that in the event an additional suburban community enters into a Water Service Agreement similar to those agreements executed by and between the Board and the cities of Falcon Heights, Lauderdale, Maplewood and West St. Paul, that this agreement shall be amended to include any such additional communities, which communities shall be subject to the same terns and conditions as the original communities. 5. Vacancies — the parties agree that a vacancy on the Board of Seat A and/or Seat B shall be filled by the City currently holding the appointment and shall be for the period remaining in the two (2) year term. 6. Duration — the parties agree that the term of this Agreement shall continue until December 31, 2013, unless otherwise amended as provided herein. 7. Amendment — the parties agree that this agreement may be amended upon such terms and conditions. as may be mutually agreed to in writing by all of the suburban communities currently represented on the Board of Water Commissioners at the time of amendment. 99548 v2 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf respectively as of the day and year first above written. FOR APPRO . CITY OF FALCON HEIGHTS BY: - i , Attorne3�- BY:�_- r City Attorney B y : - - -- — Mayor By: - City Administrator CITY OF LAUDERDALE BY: �*or _— BY: City Administrator CITY OF MAPLEWOOD BY: BY:_ �} City Attorney Mayor BY: _ _ dministra r BY:i -- - City Attorney BY: _ �.._ Mayor BY: City 99548 v2 5 Agenda Item LI MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: January lb, 2006 RE: Change of Manager Intoxicating Liquor License Introduction Jeffrey Kehr has submitted an application for a change of manager for the on -sale intoxicating liquor license for The Myth, located at 3090 Southlawn Avenue. Mr. Kehr is the general manager of the establishment. . Background Mr. Kehr has been residing in the City of Coon Rapids for the past nine years. One of Mr. Kehr's references made very positive comments about him. He stated that he has had a professional relationship with Mr. Kehr for five to seven years. He stated, "Jeff is a great guy, has good business sense and has managed bars for fifteen to twenty years." Chief Thomalla spoke with Mr. Kehr to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of St. Paul, Coon Rapids, Reno, NV and Ramsey, Hennepin and Anoka Counties. Recommendation The on -sale intoxicating liquor license change of manager is submitted to Council for approval. Agenda Item L2 ,�*d I I IT, I LY, I -, I Zvi TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Special Construction Agreement to Build a House LOCATION: 1784 Edgehill Road DATE: January 10, 2006 Project Description Mark and Jacqueline Trapp, until recently, resided at 1784 Edgehill Road. Their house was old and they recently arranged with the Maplewood Fire Department to burn the house down. The applicants' property is on Edgehill Road east of Southlawn Drive. Edgehill Road is a platted city street but is not paved. Refer to the enclosed maps and the applicants' letter. W-TqW M Section 12-1 of the city code states that the city shall not allow the construction of a house fronting on an unpaved street, unless the city council first approves of this construction by a special agreement to construct the house. The owner must record this agreement to run with the subject property. DISCUSSION The applicants have submitted two site plans for the city council's comparison while reviewing their request. Plan A is their preferred plan. Staff favors this plan as well. It places the proposed house further away from the neighbors' yards to the west but reduces the setback from unpaved Edgehill Road to 16 feet. Staff feels that this request is acceptable since Edgehill Road is not feasible to be constructed. A. Approve a special agreement allowing the owners of the property located at 1784 Edgehill Road to rebuild their house on this unpaved city right-of-way. B. Approve a reduced front setback from Edgehill Road to within 16 feet as shown on the applicant's Plan A. This 14-foot setback reduction will result in a greater setback from the neighbors to the west. p:secl 1\Trapp House Report Summary 1'06 TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Special Construction Agreement to Build a House LOCATION: 1784 Edgehill Road DATE: January 10, 2006 70 • Project Description Mark and Jacqueline Trapp, until recently, resided at 1784 Edgehill Road. Their house was old and they recently arranged with the Maplewood Fire Department to burn the house down. The applicants' property is on Edgehill Road east of Southlawn Drive. Edgehill Road is a platted city street but is not paved. Refer to the enclosed maps and the applicants' letter. ffz�=- Section 12-1 of the city code states that the city shall not allow the construction of a house fronting on an unpaved street, unless the city council first approves of this construction by a special agreement to construct the house. The owner must record this agreement to run with the subject property. BACKGROUND The city council has approved eight such requests, dating back to 1978. The most recent of which was for James and Cynthia Harrison to build their house on undeveloped Jessie Street, south of Ripley Street. (The Harrisons, however, did not build their house.) Refer to the reference section of this report for a list of these approvals. DISCUSSION The applicants have submitted two site plans for comparison while reviewing their request. Plan A is their preferred plan, but Plan B fits the site meeting all setbacks. Plan B shows the proposed house 29 feet from the westerly lot line, which is the edge of the neighboring backyards. Plan A moves the house toward unpaved Edgehill Road resulting in a setback of 16 feet from Edgehill Road and increases the setback from the neighbors to 44 feet. Plan A is better from the standpoint of increasing the house setback from the neighbors. It would require an approval for a reduced front setback even though the setback would be from an unpaved street. Edgehill Road Feasibility /Neighboring Wetland Class ification/Vacation Potential It is not feasible to pave Edgehill Road from the standpoint of serving more lots for development. The applicants' lot is the only buildable lot along this unpaved portion of Edgehill Road. Ramsey County owns the land to the east and the city has designated the area as open space in the comprehensive land use plan. This Ramsey County land is substantially below the grade of Edgehill Road and designated as a Class 3 wetland by the city. Class 3 wetlands require an average wetland - protection buffer of 50 feet. This 50 -foot buffer would lie entirely within the 60- foot -wide Edgehill Road right -of -way, so there is no need for any wetland buffer dedication from the applicants. Staff considered whether the city should or could vacate Edgehill Road as an option if it is not feasible to be built. Staff feels that this would not serve the applicants' needs. Vacating the right -of -way would actually sever access to their lot since that portion of Edgehill Road between their lot and Southlawn Drive would accrue to the neighbor at 2576 Southlawn Drive and to Ramsey County. Engineering Comments Erin Laberee, the assistant city engineer, has reviewed this request and recommended that the owner connect the new house to sanitary sewer and city water. Garage and Driveway Placement Staff's primary concern with this proposal is that the applicants' garage would face the neighbors to the west. In a typical neighborhood situation, the applicants' driveway would face their own street, Edgehill Road, and the garage and driveway activity would face that street. In this case, staff feels that the applicant should provide screening to buffer the driveway from the neighbors. Presently, all abutting neighbors to the west are screened either by evergreen tree screening or by wooden fencing. The only neighbor with no existing screen is 2596 Southlawn Drive. The applicant should provide an extension of wooden fence screening to make a buffer for that neighbor. ,�d Il►Ti1LYiI►,1 Staff does not have any serious concerns with this request. We want to make sure that access meets any requirements of the fire marshal, but at this time, he has no concerns. With this request, the owner should screen the westerly property line to buffer the applicants' driveway for the neighbors. As with such requests for driveways on public right -of -way, staff recommends that the applicants enter into an agreement with the city whereby they agree to maintain a hard surfaced driveway that meets any requirements of the fire marshal and that holds the city harmless of any accident or injury within this right -of -way. One last item is that the applicants' proposed Plan A would require approval of a reduced setback from the Edgehill Road right -of -way. This reduced setback is a good idea since it provides a better buffer for the neighbors to the west. N COMMITTEE ACTIONS January 3, 2006: The planning commission recommended approval of these requests. RECOMMENDATIONS A. Approve a special agreement allowing the owners of the property located at 1784 Edgehill Road to rebuild their house on this unpaved city right -of -way. Approval of this special agreement is because: 1. The request is to rebuild the applicants' house. A house on this lot is already in character with the neighborhood. 2. The city has granted such approvals in the past for private drives on public rights - of -way. This approval is subject to the applicants doing the following before getting a building permit to rebuild: 1. Signing an agreement, which will be prepared by the city attorney, which: a. Holds the city harmless from any liability for the use of the right -of -way or any delay in emergency vehicles finding the house. b. States that the owner of the property is responsible for maintaining the driveway. c. States that the city may change this agreement if the city approves another house on this driveway. d. Requires that the applicant shall hook up to sanitary sewer and public water supply. 2. The city attorney shall draft and record these agreements. 3. Provide the city engineer with grading, drainage, utility and erosion control plans for the proposed house and driveway, subject to city requirements. 4. The driveway must meet the requirements of the fire marshal. 5. The applicants' plan labeled Plan A is the approved plan. The applicants must provide, in areas where there is no screening currently, a six - foot -tall, 80 percent opaque buffer upon installation along the westerly property line to buffer their driveway from the adjacent neighbors. B. Approval of a reduced front setback from Edgehill Road to within 16 feet as shown on the applicant's Plan A. This 14 -foot setback reduction will result in a greater setback from the neighbors to the west. 3 REFERENCE Site size: .79 acres Existing Use: An existing garage North: The backyards Of deep lots that front onSoVthlawn Drive. South: Undeveloped property owned bv Ramsey County designated 8S open space. East: Undeveloped property owned by Ramsey County designated as open space. VV9St: Single dwellings fronting Vn South lawn [)hwe. PAST ACTIONS Previous city council approvals for house construction OD lots without improved street frontage: April 20 The city council approved 8 request for LO[riHH8iOzeDt0 construct 8house 8t2554 Idaho Avenue. M8. Heinzen's lot did not front on 8 paved street. The council approved the request, subject to the owner paving a driveway to the existing street. May 18 The city council approved a request by James Sobota to construct apo|9 building @t the end 0f undeveloped Skillman Avenue. The council required that Mr. 80bOt@ pave a driveway, subject to the city engineer's specifications and to enter into a maintenance agreement for the driveway. May 1 The city council approved @ request by Keith Libby tV build three homes on@ parcel with no street frontage. Access was via 8 shared driveway. This lot is west of Carver Lake iO South Maplewood. Mr. Libby was required k} pave the driveway and sign 8 maintenance agreement including snow plowing. July 13 1992: The city DOuOCi| approved G request by R8d[Di|@ Popov on Burke Court to divide her property creating three lots without street frontage. November 2J The city council approved the construction Of two houses 0D undeveloped Eldridge Street for Marlow Priebe. These lots are located west of Birmingham Street north Of Weaver School. July 20.1893: The city council approved 8 construction agreement for Mr. KVrf on South Sterling Street. Mr. KO[fS lot did not have street frontage and iS located south 0fCarver Avenue iO South Maplewood. M October 11,1893: The city council approved @ construction agreement for Steve and Kathy Lukin to build their home on unimproved Kennard Street. November 8.1H88: The city council approved 8 construction agreement for James and Cynthia Harrison to build their home on unimproved Jessie Street. Land Use Fq8O OeyigD@tk]D: RL (low density r8Sid8Dti@|) Zoning: R1 (single dwelling residential) APPLICATION DATE We received the Complete application and plans for this pn}poG3| On December 1, 2005. State law requires that the city take 8CU0D within 00 days Of receiving CDD1p|8te applications for @proposal. City council action is required On this proposal bv January 3O.2O06.unless the applicant agrees toa time extension. p:seo11\Trapp House Special Agreement 106 Attachments: 1. Location Map 2. Neighborhood Map 3. Site Plan—Plan A 4. Site Plan—Plan B 5. Applicants' Letter dated November 2Q.2005 O. City Code Section 12'1 5 Attachment 1 y Its -- ... - Ltt E e e -- Location Map 1784 Edgehille Road f f �N I co h --------- _ P°- COUNTY ROAD C Attachment 2 Neighborhood Map 1784 Edgehille Road 7 f N }. s .. F- ........ ......... ......... 26 � �'.. 2 6, '.'.'. ''.. } r .. ......... ..... ... : <<' SITE _ ......... —`� W ! `� 3 {. a Neighborhood Map 1784 Edgehille Road 7 f N k Attachment 4' € € 4 Al i 77: ' '" 9 € t � + ef ! : Nk - '# N., ar +v N Attachment 5 i AttaciirnenL 6 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, JANUARY 3, 2046 VI. NEW BUSINESS a. Special Construction Agreement — Edgehill Road Mr. Roberts said Mark and Jacqueline Trapp, until recently, resided at 1784 Edgehill Road. Their house was old and they recently arranged with the Maplewood Fire Department to burn the house down. The applicants' property is on Edgehill Road east of Southlawn Drive. Edgehill Road is a platted city street but is not paved. Section 12-1 of the city code states that the city shall not allow the construction of a house fronting on an unpaved street, unless the city council first approves of this construction by a special agreement to construct the house. The owner must record this agreement to run with the subject property. The city has approved eight such requests, dating back to 1978. The most recent of which was for James and Cynthia Harrison to build their house on undeveloped Jessie Street, south of Ripley Street. (The Harrisons, however, did not build their house.) The applicants have submitted two site plans for comparison while reviewing their request. Plan A is their preferred plan, but Plan B fits the site meeting all setbacks. Plan B shows the proposed house 29 feet from the westerly lot line, which is the edge of the neighboring backyards. Plan A moves the house toward unpaved Edgehill Road resulting in a setback of 16 feet from Edgehill Road and increases the setback from the neighbors to 44 feet. Plan A is better from the standpoint of increasing the house setback from the neighbors. It would require an approval for a reduced front setback even though the setback would be from an unpaved street. Commissioner Trippler asked if the city never intends to build a street here is there any thought of vacating the land? Mr. Roberts said staff looked that. The problem is half of the property would go to one set of property owners and the other half would go to Ramsey County then the applicant's land becomes landlocked. The city does not want a private drive over someone else's private property. The city would prefer to have the driveway on public right-of-way verses having another driveway on another person's property so Mr. Trapp can access his property. Staff was also concerned how emergency vehicles would access the property. The city doesn't want to be responsible for allowing this to be built and then have an emergency vehicle that couldn't access the property properly. Commissioner Trippler asked if the northern 3 /4of the drive could be vacated? Mr. Roberts said that could be possible but staff hadn't discussed that option. Commissioner Trippler said staff recommended Plan A because that plan moves the home farther east to be farther away from the other homes. If you vacated the right-of-way, and the lot became larger, you could slide the home over five to ten feet. However, not knowing the topography of the property it may not be possible if the back part of the lot drops off too much. Planning Commission -2- Minutes of 01-03-06 Mr. Roberts said the back yards of the two homes on County Road C have frontages on Edgehill Road so he didn't know how that would work if that part of Edgehill Road was vacated. He also doesn't know the topography of the land there so there may be other obstacles. Chairperson Fischer asked the applicant to address the commission. Mr. Mark Trapp, the applicant representing the lot in question at 1784 Edgehill Road, Maplewood, addressed the commission. Mr. Mark Trapp and his wife Jacqueline currently reside in Vadnais Heights during this process until they can build their new home. Mr. Trapp said he likes the idea of vacating the street. He said he would like to purchase the home between him and Southlawn Drive someday if the opportunity arises. Vacating the street would allow them to position the house more to the east but that gets close to the drop off. They looked at developing the lot into two lots and putting a turn around in but were told no by the city. If they had more room they could shift things east more. There is a lot of buckthorn and sumac bushes there. As far as the fire or emergency access, this area has been accessible for over 100 years already and he's sure it would be accessible for another 100 years. They are looking at the possibility of installing residential sprinklers in this home. Commissioner Trippler said when he visited this site he noticed a depression that is to the north of where the stakes are and he asked if that is where the old home was before it was burned down? Mr. Trapp said the house was staked out but they have since decided to shift things around. The property used to be heavily screened by 5 pine trees but the neighbor decided since the house was gone, now would be the time to remove the pine trees to allow more sunlight to come onto his property. Eventually he will re-landscape the area so there is some type of landscaping between him and the neighbors property. Chairperson Fischer asked if anyone in the audience wanted to speak regarding this proposal to come forward and address the commission. Nobody in the audience came forward. Commissioner Trippler moved to approve a special agreement allowing the owners of the property at 1784 Edgehill Road to rebuild their house on this unpaved city right-of-way. Approval of this special agreement is because: The request is to rebuild the applicants' house. A house on this lot is already in characterwith the neighborhood. 2. The city has granted such approvals in the past for private drives on public rights-of-way. This approval is subject to the applicants doing the following before getting a building permit to rebuild: 1. Signing an agreement with the city that: Planning Commission -3- Minutes of 01-03-06 a. Holds the city harmless from any liability for the use of the right-of-way or any delay in emergency vehicles finding the house. b. States that the owner of the property is responsible for maintaining the driveway. c. States that the city may change this agreement if the city approves another house on this driveway. 2. The city attorney shall draft and record these agreements. 3. Provide the city engineer with a grading, drainage and erosion control plan for the proposed house and driveway, subject to city requirements. 4. The driveway must meet the requirements of the fire marshal. 5. The applicants' plan labeled Plan A is the approved plan. The applicants must provide a six- foot-tall, 100 percent opaque buffer along the westerly property line to buffer their driveway from the adjacent neighbors. Commissioner Trippler moved to approve the reduced front setback from Edgehill Road since this setback reduction will result in a greater setback from the neighbors to the west. Commissioner Pearson seconded. Ayes — Desai, Dierich, Fischer, Grover, Kaczrowski, Pearson, Trippler The motion passed. This item goes to the city council on January 23, 2006. Agenda Item L3 TO: City Manager FROM: Tom Ekstrand Senior Planner SUBJECT: Design Reconsideration Appeal _Ashley Furniture LOCATION: 1770 County Road DEast DATE: January 1U.2U08 INTRODUCTION 0n November 32 the community design review board moved to "approve a revision tD the Ashley Furniture building design that allows the blue neon accent lighting that i8/n DlaCeOn/h8buildi7o. This /s conditioned On the neon lights being turned off at9:3Op.nm." Applicant's Appeal Request K8ich88| Oi8nn, of Architectural Network, is appealing the COFlB decision, on behalf of the owner. Mr. Diem's basis for appeal and waiver of the CDRB's stipulation to turn off the neon lights by 8:30 p.m. io that "Ashley other businesses with neon lighting in Maplewood." When appearing before the CDRB in November, Mr. Diem stated that the neon strip is trademark accent lighting for Ashley Furniture stores. H8 also felt that Ashley Furniture's use Vf neon was considerably softer in appearance than other neon usage since it is concealed lighting, not exposed neon like other businesses in this area. Buildings in the area with exposed neon are The Myth, Arbv/S,VVendy/S Maplewood Best Western and the BP filling station 8t County Road O and White Bear Avenue. Staff feels that the neon on Ashley Furniture should be approved for the following reasons: 1. The neon accent lighting iSan attractive design element. 3. The neon lighting iSSVbdU8dbv8soffk@ndnotdir8otly exposed to views. 3. Other buildings in the area have neon lighting. RECOMMENDATION Approve the appeal by Michael CU8nn k] allow the neon accent lighting at Ashley Furniture, 1770 County Road D East, with no limitations as to when the lights must be extinguished. poao3\Amhley Furniture Appeal Summary 1'OO TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Design Reconsideration Appeal —Ashley Furniture LOCATION: 1770 County Road DEast DATE: January 1U.2UO8 INTRODUCTION On November 22.2OO5. the community design review board (C0RB) reviewed the neon accent lighting installed on the Ashley Furniture Store 8t177O County Road DEast. The board's concern over the neon lighting came up during their recent review of the neon lighting on The Myth 8cn}Ss the street from Ashley Furniture. While the CDRB felt that The K4vih was 8 suitable use for displaying neon.theyfe|tthatitdidnotfitinvviththeinn8ga8nd8ppeenanC8thatehou|d be displayed on a furniture store. The CDRB nnVv9d to "approve 8 revision to the Ashley Furniture building design that a||ovvS the blue neon accent lighting that i8in place 0n the building. This iS conditioned 0n the neon lights being turned off atS:3O p.m." Request Michael Diem, of Architectural Network, is appealing the CDRB decision, on behalf of the owner. Mr. Diem's basis for appeal and waiver of the CDRB's stipulation to turn off the neon lights by 9:30 p.m. is that "Ashley other businesses with neon lighting in " When appearing before the CDRB in November, Mr. Diem stated that the neon strip is trademark accent lighting for Ashley Furniture stores. He also felt that Ashley Furniture's use of neon was considerably softer in appearance than other neon lighting since iLis concealed orindirect lighting. Not exposed neon like other businesses in this area. Buildings in the area with exposed neon are The K8vth, Arb»/S Wendy/s, yWap|8vvVod Best Western and the BP filling station at County Road 0 and White Bear Avenue. DISCUSSION Staff Approval After the CDRB approved the design plans for Ashley Furniture, Mr. Diem requested approval of a "band of neon in the front parapet cove detail." Staff accepted this change aoa"minor revision" to the approved plan as allowed by ordinance and by the CDRB conditions. The actual amount 0fneon installed was more than staff expected. At the CDF{B meeting Mr. Diem addressed this by stating that this building has three "fronts" due to its orientation toward two streets and with the main entrance facing the parking lot onthe south. Is Neon Accent Lighting Appropriate? Part of the review board's concern was that Ashley Furniture is next door tothe future 50-unit WvnooteTovvnhonleS (now under constructi[m\. The board felt that the neon lighting would b8 inappropriate next to these town homes. Staff feels that the neon is 8CCeptob|H because this area is predominantly Donmno8rCiG| in character. Neon lighting is a common lighting element. Whether the neon accent lighting Vn Ashley Furniture is On one or all sides of the building, staff feels that the neon lighting is attractive and not gaudy Orobtrusive. Staff has attached photographs Vf the Ashley Furniture Store and other nearby buildings, 8swell, that display neon lighting. Please refer tothe photos. CONCLUSION Staff feels that the neon on Ashley Furniture should be approved for the following reasons: 1. The neon accent lighting isgn attractive design element. 2. The neon lighting iSSubdu8dbvoSuffbandnotdirecfly exposed to views. 3. Other buildings in the area have neon lighting. Approve the GpD9G| by Michael Diem hu allow the neon accent lighting Gt Ashley Furniture, 1770 County Road D East, with no limitations as to when the lights must be turned off. psoo3V\ahley Furniture Neon Appeal 1'08 Attachment 1. Photograph of Neon Accent Lighting at Ashley Furniture 2. Photographs cf Neon Lighting on Nearby Buildings Ashley Furniture S/SE Elevation Ashley Furniture E Elevation Looking South The Myth MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, NOVEMBER 22, 2005 a. Ashley Furniture Design Reconsideration (Neon Lighting) — 1770 County Road D East Mr. Ekstrand said on October 25, 2005, the community design review board (CDRB) discussed the neon accent lighting on the Ashley Furniture store. This issue came up during the board's recent review of The Myth nightclub across the street from Ashley Furniture. While reviewing the proposed neon lighting on The Myth, the CDRB noted that the new Ashley Furniture store had neon lighting that was not part of their approved building design. The CDRB felt that The Myth was a suitable use for displaying neon. The board felt that it fit in with the type of business they were operating. The CDRB did not necessarily feel that way about a furniture store. The CDRB subsequently moved to have staff inform the owner of Ashley Furniture that they must either: •Remove the neon accent lighting, or •Submit a request to the CDRB that the board accept the neon accent lighting as a revision to their approved architectural plan. Mr. Ekstrand said that Michael Diem, of Architectural Network, the architect for the Ashley Furniture building, has requested that the CDRB accept the neon lighting that has been installed on the Ashley Furniture store. He explained to staff that this is trademark accent lighting for Ashley Furniture stores. He also feels that their use of neon is considerably softer in appearance since it is concealed lighting, not exposed like other businesses in this area. Buildings in the area with exposed neon are The Myth, Arby's, Maplewood Best Western and the BP filling station at County Road D and White Bear Avenue. While reviewing this matter for CDRB consideration, he found "notes to the file" documenting that he and Mr. Diem had discussed the addition of a "band of neon in the front parapet cove detail." He accepted this change as a minor revision to the approved plan. The e-mail from Mr. Diem had stated, however, that he was requesting approval for a neon band in the front parapet cove detail of the building not around the perimeter of the building as is now in place. !I • I W I i I i I i I i I !I I R I 112 54mmunge, • Mr. David Baillie, Furniture Outlets USA, DBA Ashley Home Stores (Ashley Furniture), addressed the board. He said to clarify, the neon lighting is not on the west side of the building towards the Town and Country townhomes and it is not on the dock area. It stops on the corner. Mr. Ekstrand said he did not see any lighting on that side but he thought the lighting was burnt out in those areas. Mr. Baillie said as far as turning the neon lighting off, he thought the city ordinance says the neon lighting needs to be shut off at 10 or 11 p.m. Community Design Review Board Minutes 11-22-2005 Mr. Ekstrand said he wasn't sure the city ordinance specifically states the neon lights need to be off by 10 or 11 p.m. he said he was recommending the neon lighting be turned off at the close of business. Mr. Baillie said The Myth nightclub across the street leases parking space from Ashley Furniture so the nightclub has more parking available for their customers. He doesn't see a reason to shut off the neon lighting. He looks at the neon lights as helping security in the parking lot for the customers from The Myth. He said Ashley Furniture has only had one security problem that occurred when somebody threw rocks at the EIFS on the Ashley Furniture building but that was before The Myth opened. He said as long as people will be in the parking lot, he would like to keep the neon lights on for security. Chairperson Longrie asked if there were any other lights on the building exterior besides the neon lights? Mr. Baillie sand there are wall sconces on the building and the glass block at the two entrances are illuminated. He said the lights are on a timer and shut off at 11 p.m. Board member Olson said she believed the lights were on later than 11 p.m. because she has driven by that area at 12 midnight and the lights were still on but they were off by 2 a.m. She said she has several issues with the blue neon lighting on the Ashley Furniture building. The first issue is that the neon lighting that the CDRB approved for The Myth nightclub is a subtle blue neon light and The Myth shuts the neon lighting off when they are not doing business. The blue neon lighting for Ashley Furniture is a very bright blue neon light and it can be seen from Sam's Club across the freeway. You can see the neon light from County Road C, and from the top of the hill where County Road D is being extended, and you can see it when the trees are in full bloom. The backlit entrance lights to Ashley Furniture are also very bright and she would think that the light coming from the light panels from either side of the doorways would be sufficient enough to light up the parking lot. She said that Mr. Ekstrand was not aware that prior to the CDRB meeting with Ashley Furniture the CDRB had turned down a request by Buffalo Wild Wings to have neon lighting in the city of Maplewood, but the CDRB is moving in the direction of not approving entire neon belly bands on any building in the mail area in the future. The issue for her is that the blue neon lighting is too bright and the lighting does not get turned off when the building is closed and has remained on much later than she would expect. The brightness of the neon lighting has been and will affect the surrounding neighborhoods. Mr. Baillie asked where the residents Board member Olson speaks of are where the neon lighting is affecting them because the new townhomes next to Ashley Furniture are still being built. Board member Olson said many of the homes in this area are not built yet, but her point is the neon lighting is visible for at least one mile in all directions and it's very bright. She has an issue with this and would like the neon lighting turned off when Ashley Furniture closes for business. She realizes that the neon lighting at The Myth and the lighting at Ashley Furniture is inappropriate and is much too bright, especially when you can see it over a mile away. Community Design Review Board 3 Minutes 11-22-2005 Board member Hinzman asked if the preference of the board was to eliminate the blue neon lighting completely or just limit the hours the neon lighting can be left on? Board member Olson said her personal preference is to have the neon lighting turned off when business is closed. She doesn't want the neon lights on at 12 midnight. She doesn't think it is appropriate that the residents on County Road C should have to see the blue neon lights from the Ashley Furniture building when the residents look across Markham Pond. As she stated before, the blue neon lighting can be seen for more than a mile from the north, south, east and west directions. Board member Ledvina asked if it would be possible to reduce the intensity of the blue neon light by turning down the transformer or something of that nature? Mr. Baillie said he doesn't know that answer. The neon band of lighting is on all of their Ashley Furniture buildings and is a signature mark along with the glass block and the awnings, etc. When they laid out the soffit area it was a concern that the neon light was not seen directly, so they went back and redesigned the soffit area so it was not as visible. They designed the neon lighting so it appears more of a wall wash verses a blue neon light standing out. They really didn't realize they had done anything wrong until they were contacted by Tom Ekstrand. At the point and time the building elevation issues were under staff review, the people at Ashley Furniture were told it was okay by Tom Ekstrand to have the neon lighting. Chairperson Longrie said she appreciates the fact that the representatives of Ashley Furniture came before the CDRB tonight. The crux of the matter is that Ashley Furniture had received approval from staff to have the blue neon lighting on the front building elevation, but it appears that the amount of blue neon lighting on the building is greater than the area it was approved for. According to the staff report it states "Mr. Diem requested approval for a neon band in the "front parapet cove detail" of the building, not around the perimeter of the building as is now in place. So the ultimate question is was the approval of the blue neon lighting more extensive than what was noted in the file and was the installation of the blue neon lighting more extensive than what was actually approved by staff. How can the CDRB rectify this situation once the board gets the answer to those questions. Mr. Baillie asked where the CDRB thinks the front of the Ashley Furniture building is because they have three store fronts and this is a very unique building. They had to move and redesign the placement of this building three times because of the setback and other issues. Chairperson Longrie said that may indeed be where the crux is then if there are three fronts to a building and the approval was for blue neon lighting on the front of the building. Then the question is where is the front of the building? The CDRB is facing the question of how to solve this problem in a way that is agreeable to everyone. She asked Mr. Baillie if he would be agreeable to turning the neon lighting off at 11 p.m.? Mr. Baillie said he doesn't have a problem with that. However, he has to go back and see when the timer shuts the lights off. At one point and time it says signs have to shut off at 12 midnight and he knows the lights are on two different clocks for the sign and the lighting on the building. Community Design Review Board 4 Minutes 11-22-2005 Chairperson Longrie asked what time Ashley Furniture closes for business? Mr. Baillie said business closes at 9 p.m. Chairperson Longrie said Mr. Baillie said Ashley Furniture has a leasing agreement with The Myth nightclub to share the Ashley Furniture parking lot for overflow. Is the parking agreement set up for weekends, certain nights or just when there is a concert? Mr. Baillie said the parking agreement is set when The Myth has a concert and needs additional parking for overflow. Chairperson Longrie asked if there are other lights on in the parking lot? Mr. Baillie said yes. Chairperson Longrie asked if he knew the hours the parking lot lights were left on? Mr. Baillie said he isn't positive but he believed the lights come on by a photo eye when it gets dark and a timer shuts the lights off, but he wasn't sure of the exact times. Board member Olson asked if there was any way possible to reduce the intensity of the neon light? Mr. Baillie said he wasn't sure if the transformer can be reduced or not. There is a certain tag voltage so you can change what the actual spark is, but most sign companies that you talk to people complain that the neon light isn't bright enough so they want to have a better gas and a higher intensity, but that is something he would have to call the sign people and ask about. If they had to replace the neon lighting for a dimmer light it would be very expensive. Chairperson Longrie said if the CDRB asked your preference would it be to either turn the voltage of the neon lighting down or turn the blue neon lighting off? Mr. Baillie said they would prefer to shut the neon lighting off at 11 p.m. or something like that but he would have to go back and see the configuration of the circuitry and how the lighting works and what the easiest solution would be. Chairperson Longrie asked if he would be open to tabling this issue now and getting the answers to the questions that the CDRB has and bringing the answers back so the CDRB can come up with a solution that everyone can live with? Mr. Baillie asked which solution the CDRB was heading towards and what the board's thought was? He said they were not trying to be sneaky and go behind the city's back with the neon lighting. Ashley Furniture thought they had the proper approval from Tom Ekstrand and he things the building is very attractive and the neon looks nice in this setting. He said the Ashley Furniture building in Shakopee is bordered with 694 feet of red neon lighting. Chairperson Longrie said if indeed Ashley Furniture has gotten approval for the blue neon lighting for all three front building elevations, then the CDRB can't really tell Ashley Furniture they have to do something different unless they volunteer to do it. Maybe there needs to be a better clarification by staff on this. Community Design Review Board 5 Minutes 11-22-2005 Chairperson Longrie said she understands the statement in the staff report that the neon lighting was approved for the front parapet cove detail of the building, but exactly what front parapet cove detail are we talking about, and if there are three fronts to the Ashley Furniture building, how does the board know what was actually approved? Mr. Ekstrand said it may have been the applicant's intention to call all three sides of the building the "front elevation" when referring to the addition of the blue neon lighting. But when he read the notes in the file regarding this, the front of the building to him is where the front door or entrance to the store is. He knows when you have a multi-street frontage lot a person may consider all street fronts the "front" of the building because all sides of the building on street fronts are designed to have attractive fronts on all views. Chairperson Longrie said maybe the CDRB and staff could dig out the old staff report/packet and look at the elevations and see how it calls out the different sides of the building and see if it calls out one side of the building in particular as the "front" of the building to give the CDRB a better idea. Mr. Baillie said they had to put awnings on the Ashley Furniture building because of the design of the walkway to highlight the northeast corner of the building. To say this is the front of the building and this is the side of the building etc., is difficult, and everyone has a different interpretation. He said just look at how many roads run next to this location. Chairperson Longrie said she understands the issue completely, but before the board can make a recommendation or action they have to fully understand what the approval was for and what it was entailing because if the CDRB asks you to do something different than what the approval was, that puts the city in jeopardy of you coming back and saying you are being forced to do something you don't have to do. Mr. Ekstrand said he didn't know if it would ever be clear what was actually proposed by Ashley Furniture and what staff understood was proposed by Ashley Furniture or what was actually approved. Neon lighting had not been an issue in the past. If he was asked one year ago if Ashley Furniture could wrap their building in neon lighting, he would have said it looks fine to him. There is some vagueness of how the request for neon lighting was proposed to staff, but he personally doesn't consider four sides of a building to be the "front" of a building. He considers the "front door" the front of the building, which is probably where one would assume the neon lighting would be. Board member Hinzman said he doesn't think the CDRB is going to firmly establish the front of the building either. He personally doesn't see an issue with the neon lighting. He has seen this building along with the Ashley Furniture in Woodbury and he personally finds the building attractive and not offensive. He understands that the board would appreciate it if the intensity of the neon lighting could be reduced. This is a very intense area around Maplewood Mail and he knows Board member Olson feels very strongly about this, and he respects her opinion, but he doesn't have an issue with neon lighting on this building. Board member Olson said when Ashley Furniture first came to the CDRB, the board agreed this building was attractive. She reads the front parapet cove to mean the arched area over the front doorways, not the fascia or banding that goes all around the building. Community Design Review Board 6 Minutes 11-22-2005 Board member Olson said she would've been okay with having the neon lighting over the peak area of the front door only based on the statement of the front parapet cove detail. Her feeling is the board has gone through the process with the Ashley Furniture building elevations and the lighting plan, and the board thought the lighting plan that was provided was sufficient. The neon lighting is a pretty strong addition to the building. As this area of the mall continues to intensity in development and more and more lights are added, the board will be in opposition to the tenants requesting more lights because of the board's feeling about the dark sky at night policy. This area is already flooded with lights, and it's only partially developed. The board is headed in the direction to not approve neon banding around any more structures in the Maplewood Mall area because it is just "too" much. She is looking to the future and what the CDRB approved for the Ashley Furniture building for their exterior lights on the building, in between the awnings, along the sidewalk and the very strong presence that the front entry has with the lighting. If Ashley Furniture had proposed a band of neon lighting at the initial CDRB meeting, she would have recommended limiting the band of neon lighting to the peak above the front door, and she wouldn't have allowed it anywhere else. The neon lighting isn't visible in the daytime but it's very visible at night, and after she drove around the area and through different neighborhoods, she noticed how intense and how visible the neon lighting at Ashley Furniture actually was. Mr. Baillie said you don't think of things like that until you start driving around. He said he drove around the Maplewood Mall area and noticed the neon lighting on the Red Lobster building. He said he would bet you can see the Red Lobster neon lighting even more than you can see the Ashley Furniture neon lighting. Board member Olson said she disagreed with that statement because of the facing and positioning of the Red Lobster neon lighting on the building. Mr. Baillie said that is Board member Olson's opinion. He said they didn't come into this project to trick the city, and as a representative of Ashley Furniture, they think the neon lighting is an architectural accent to the building and it highlights the building to make it look nice. He doesn't think the neon is too intense or offensive to people. Board member Shankar said the neon lighting is on the building already. If the building closes at 9 p.m. then we should have the applicant make sure the neon lighting is completely turned off by 9:30 p.m. There is no reason to leave the neon lighting on until 11 p.m. like the applicant stated if business hours close at 9 p.m. If the applicant is agreeable to that condition, then that is what the board should recommend. Board member Ledvina said he agreed with Board member Shankar. The CDRB talked about the dark sky at night policy, and to require lights at commercial properties to be turned off at night helps achieve the dark sky at night policy. He isn't sure the neon lighting gives any additional security to the Ashley Furniture building for the customers from The Myth nightclub for overflow parking. If Ashley Furniture needs additional lighting for security, they should talk to the city about adding more wall park lights to the building exterior. The blue neon lighting is intense but is not displeasing. He would like the applicant to investigate alternatives to reduce the intensity of the neon lights. He feels with the neon lighting turned off the wall pack lights and other lights in the area will serve as good security for the area. Community Design Review Board Minutes 11-22-2005 Mr. Baillie said if they reduce the intensity of the blue neon lighting and it costs $15,000, they won't look at that option. The neon lighting was an expensive architectural element to put on the building. He said you can't just paint the neon lighting to tone down the intensity. Neon lighting gets dimmer as it ages because neon loses its lumens as it is left on. The neon lighting on the Ashley Furniture building is about 6 months old, and 1 year from now the lighting will get dimmer. If you ever notice a section of neon lighting that was just replaced, you can really tell where the newly replaced section of neon is because it's much brighter. Board member Olson said she is comfortable with that explanation. If this neon lighting is replaced, she would like it to be softer, not as intense neon light and not as bright. Board member Hinzman moved to approve a revision to the Ashley Furniture building design that allows the blue neon accent lighting that is in place on the building. The applicant shall investigate ways to diminish the intensity of the blue neon accent lighting and staff shall report back to the CDRB on the findings of the applicant. This is conditioned on the neon lights being turned off at 9:30 p.m. the end of Ashley Furniture's business hours� Board member Shankar seconded. Ayes — Hinzman, Ledvina, Longrie, Olson, Shankar Board member Olson thanked the applicant for coming before the CDRB. Agenda Item L4 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review and Revision PROJECT: Mapletree Group Home LOCATION: 2831 Southlawn Drive DATE: January 13, 2006 INTRODUCTION The conditional use permit (CUP) for a group home located at 2831 Southlawn Drive is due for review. Mr. Jon Brandt, representing the Mapletree Group Home, opened a group home for up to 12 residents in an existing duplex. (See the maps on pages four and five). State law allows Mapletree (and all group homes) to have up to six residents living in the group home without city approval. To have more than six residents in the home, the city must approve a CUP for the property. BACKGROUND On December 13, 2004, city council approved a conditional use permit for the Mapletree Group Home at 2831 Southlawn Drive. This CUP was subject to five conditions of approval. (See the city council minutes starting on page six). On May 25, 2005, city staff and the city council held a neighborhood meeting to share information about the group home, including a review of its operations. On November 30, 2005, city staff and the city council held a second neighborhood meeting about the group home. This meeting was to review the operations of the group home, to review the conditional use permit and was to discuss any police calls, concerns or other activities related to the group home. (Please see the minutes from this meeting starting on page nine.) DISCUSSION Mr. Brandt and the group home are meeting all the conditions of approval as set by the city council in 2004. Staff is not aware of any major issues or problems with the group home or with its operations. Lt. Rabbett of the Maplewood Police Department reviewed the police calls to the property for the calendar year 2005. His report is on page 12. He is suggesting that the city make a change to the Condition 5 of the CUP approval about criminal activity to try to address some of the concerns of the neighbors. I have included the proposed language change in the resolution in the staff recommendation. RECOMMENDATION Adopt the resolution starting on page 13. This resolution revises the conditions of approval for the conditional use permit for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive. This permit shall be subject to the following conditions: (The additions are underlined and the old language is crossed out) The owner or operator of the facility doing the following: a. Parking of vans or vehicles for this facility shall be on the driveway or in the garage. All employees shall not park on the street. There shall be no more than three visitor vehicles on the property. b. There shall be no more than 12 residents living in the facility at any time. C. Have the night awake staff in -place before adding any more residents or sooner, if required by other licensing agencies. d. Adding additional onsite electronic monitoring to the facility (including window alarms) before adding more residents. e. Having an annual open house for the neighbors of the facility. Make all the corrections /additions as required by the fire marshal. 2. The owners or operator shall not do any maintenance or repair of their vans or vehicles on the public street. 3. The operator shall get the necessary licenses or approvals from Ramsey County or from the State of Minnesota. 4. The owner or operator shall ensure that the house has the proper emergency exits and smoke detectors that meet current standards before adding any additional residents above the six allowed by law. 5. The city council shall review this permit in one year or immediately if there are two incidents of criminal activity occurring at the group home directly involving a group home resident. 2 REFERENCE SITE DESCRIPTION Site size: 13,068 square feet (0.30 acres) Existing Land Use: double dwelling SURROUNDING LAND USES North: Houses on Southlawn Drive East: Double dwellings across Southlawn Drive South: Houses on Southlawn Drive West: Future Mapletree townhouse site CRITERIA FOR CUP APPROVAL Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. (See findings 1 -9 in the resolution on pages 13 and 14.) PLANNING Existing Land Use Plan designation: R -3(M) (medium - density residential) Existing Zoning: R -2 (single or double dwellings) Attachments: 1. Location map 2. Area map 3. 12 -13 -04 city council minutes 4. 11 -30 -05 neighborhood meeting minutes 5. 01 -13 -06 memo from Lt. Rabbett 6. Conditional Use Permit Revision Resolution {3 1 � `II �. l� N C Atta hrrient 2 � s k — 44 k x ' t 4 W u. { ;& CD E ChM 7 3� US Bank Outback } El r " { 2_ 2827 2 39 Q 2823 1 ^) E!_ € _ >i 2 321 g 281 R 2817 M-- RADATZ -AVM „x 2813 _ v t 202 E CD 00 2811 ,_. j , r .. x... .., E� E A�) # 27 ( Hazelwood 27 v, Aj Park too! 1 U 277`E j u #. Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 13, 2004 Council Chambers, City Hall Meeting No. 04 -28 11 C. K. CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Cardinal asked all residents to remember all those who are serving the country over the Holiday Season. ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present NEW BUSINESS 4. Conditional Use Permit — Maple Tree Group Home (2831 Southlawn Drive) a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. b. Commissioner Ahlness provided the Planning Commission report. C. John Brandt, the applicant provided further specifics. d. The following person was heard: Mick Manders, 2804 Southlawn Drive, Maplewood Councilmember Juenemann moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Rossbach Ayes -All Councilmember Rossbach moved to adopt the following; resolution approving a CUP for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive: City Council Nutting 12 -13 -04 CONDITIONAL USE PERMIT RESOLUTION 04 -12 -222 MAPLETREE GROUP HOME WHEREAS, Mr. Jon Brandt, representing the Mapletree Group Home, is requesting that Maplewood approve a conditional use permit to have up to 12 residents live in the residential facility (group home) on the property at 2831 Southlawn Drive. WHEREAS, this permit applies to the property at 2831 Southlawn Drive. The legal description is: The south 96 feet of the north 636 feet of the east 158 feet of the SE1 /4 of Section 3, Township 29, Range 22, Ramsey County. (PIN 03- 29 -22 -41 -0415) WHEREAS, this history of this conditional use permit is as follows: 1. On November 15, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny this permit. 2. On December 13, 2004, the city council discussed this request. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit based on the building and site plans. The city approves this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. City Council M7eting 12 -13 -04 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. The owner or operator of the facility doing the following: a. Parking of vans or vehicles for this facility shall be on the driveway or in the garage. All employees shall not park on the street. There shall be no more than three visitor vehicles on the property. b. There shall be no more than 12 residents living in the facility at any time. C. Have the night awake staff in -place before adding any more residents or sooner, if required by other licensing agencies. d. Adding additional onsite electronic monitoring to the facility (including window alarms) before adding more residents. e. Having an annual open house for the neighbors of the facility. f Make all the corrections /additions as required by the fire marshal. 2. The owners or operator shall not do any maintenance or repair of their vans or vehicles on the public street. The operator shall get the necessary licenses or approvals from Ramsey County or from the State of Minnesota. 4. The owner or operator shall ensure that the house has the proper emergency exits and smoke detectors that meet current standards before adding any additional residents above the six allowed by law. 5. The city council shall review this permit in one year or immediately if there are two criminal offenses related to the facility or to its residents. Seconded by Councilmember Monahan -Junek Ayes- Councilmembers Juenemann, Monahan -Junek and Rossbach Nays -Mayor Cardinal and Councilmember Koppen City Council Mgeting 12 -13 -04 Attachment 4 MAPLETREE GROUP HOME MEETING NOTES NOVEMBER 30, 2005 6PM Councilmember Will Rossbach convened the meeting at 6 pm. Staff present included, Assistant City Manager, Melinda Coleman, Chief Thomalla and Lt. Rabbett. Mayor - elect Diana Longrie and Councilmember elect Erik Hjelle were also present. Mr. Rossbach welcomed everyone and indicated that the purpose the meeting was to hear about impacts of the increased size group home to the neighborhood since May. He indicated that he was aware of 4 police calls this year; 2 of them were highly visible and as he understood it related to other jurisdictions picking up individuals with parole violations. Chad Zwickey, a renter of Mr. Brandt's apartment and former group home resident stated that the boys are always respectful to him and his fiance. Ben Jackson and Deb Mielke are members of the advisory committee. They indicated that they had a meeting and and invited a parole officer to speak and share information about how the court and follow up system works. They also indicated that they could be called at any time about activities or concerns with the group home and they would contact Mr. Brandt. Comment. Notice more kids on the street this past few months. Black camero racing down the street several times on the second Thursday in November. Answer: This was a former Mapletree resident visiting and showing his car. Staff will talk to him. Question: Can residents come and go as they please? Answer: Residents can not leave without permission from staff. Comment: Notice an increase of foot traffic on the street. Has had to ask boys to move out of the way on the street. Boys are also hanging out behind the US Bank. Answer: The boys walk Cody to the field over by the bank. Question: Can the residents bring girls to the facility? Answer: The residents can have visitors. Question: Are the kids on probation? Answer: Most are, some are not. They may be on probation just as any other child living or attending schools in Maplewood. Comment: The boys at Mapletree are kids that can't live at home. Response: Judges evaluate and decide what boys are deemed appropriate to live in an independent living situation such as Mapletree. 9 Question: Please explain why Mapletree's web site states that it is a "high risk" facility? Answer: It was explained that the boys here may have many different behaviors or mental health issues, could be suicidal or run - aways. These boys need a higher level of supervision and Mapletree is staff with 24 hour supervision. Residents should call Mapletree if they see boys out un- supervised. Question: How many boys are there? Answer: 9 Comment: The new construction project behind Mapletree has been vandalized 3 times. There are concerns about who is doing this. Question: Could the police dept explain the activity with the various incidences of squads at the group home. Response: Lt Rabbett responded: There were three calls for service during the year to the address. One was a missing person report that was unfounded since the person was at a school sponsored activity. One was a suspicious activity report that was unfounded, and one was an assist other agency where a person was picked up on a probation violation for Dakota County. In addition, an investigation into theft at the Maplewood Mall led to an arrest at the group home. Comment: Mr. Brandt indicated that when the boys go to court appearances, or comet to visit Mapletree from a correctional facility, they are sometimes transported by the County Sheriff's department. It is standard protocol to use hand cuffs. Question: We need to have a clarification of what constitutes a police call, with regards to the conditional use permit. Response: It was noted that this should be clarified when the CUP is reviewed in January of 06. Question: How does this group home differ from the group home in St Paul, the Arlington and Brown facilities? Answer: These are short term shelters and do not have the screening process that Mapletree residents go through. They often will have high risk behavior residents. Brown House is a residential treatment facility. Question: What is the success rate of residents at Mapletree? Answer: Very few residents have been kicked out of the program; all most of the boys get diplomas and/or make the transition to independent living. Question: How many counselors are on staff? Answer: In the morning, while the boys are at school, there is a single staff person. In the afternoon there are 2 -3 and over the 24 hour period will be 1- 5 staff. Comment: Please accept a standing invitation to visit the home at any time to check out the boys and activities that they are involved in. im Comment: With double the number of kids, double the risk to the neighborhood. Comment: Kids are hanging out at Chad's apt. (next door). Cody is still running loose through the neighborhood. Caused their dog to break through a screen door. Mr. Brandt will not pay for the repairs. Note- staff has heard that this has changed and that Mr. Brandt has agreed to pay for the damaged screen. Comment: Concern with increase of vehicle traffic. Not concerned about the boys but the concerned about girls with the Mapletree boys. Question: What is the curfew for the boys? Answer: Generally before bedtime: 10 pm weeknights and midnight on weekends. Question: Is Mapletree just for Ramsey County residents? Answer: No, residents can come from anywhere in Minnesota. Council member Rossbach summarized what he heard from comments, etc. Increase in vehicle and pedestrian traffic, more people and activity in the neighborhood. Dog is still an issue. Varying views were shared on the level of concern with overall Mapletree operations and number of boys. Need a better definition of what constitutes a criminal offense at the facility. Need to learn how to share information better on why squads are presents or explanations of other activities. It was also noted that the Resident Advisory Committee plans to meet every 6 months. Concerns can be addressed with them at any time. More information sharing is a positive way to help everyone understand the operations and increase comfort levels with Mapletree residents. It was pointed out that the CUP would be reviewed in January of 06 and that residents would be notified by mail of the meeting date and time. Submitted by Melinda Coleman, Assistant City Manager P: Sec. 3 Mapletreeminutes. 11. 30.05 11 Attachment 5 Memo To: Ken Roberts Fran: Lt. Kevin Rabbett Date: 1/13/2006 Re: Mapletree CUP Renewal Per your request, I have reviewed activity related to Mapletree in 2005. There were three calls for service during the year to the address. One was a missing persons report that was unfounded since the person was at a school sponsored activity. One was a suspicious activity report that was unfounded, and one was an assist other agency where a person was picked up on a probation violation for Dakota county. In addition, an investigation into theft at the Maplewood Mall ed to an arrest at the group home. There has been much discussion about item number five under the approval conditions of the CUP. My suggestion is to change that language to "The city council shall review this permit in one year or immediately if there are two incidents of criminal activity occurring at the group home directly involving a group home resident. " I think that the decision on of what type criminal activity has a negative effect on the neighborhood should be left to the council. 12 Attachment 6 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, City staff is requesting that the Maplewood City Council approve a revision to the existing conditional use permit to have up to 12 residents live in the residential facility (group home) on the property at 2831 Southlawn Drive. WHEREAS, this permit applies to the property at 2831 Southlawn Drive. The legal description is: The south 96 feet of the north 636 feet of the east 158 feet of the SE114 of Section 3, Township 29, Range 22, Ramsey County. (PIN 03- 29 -22 -41 -0015) WHEREAS, this history of the original conditional use permit is as follows: On November 15, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny this permit. 2. On December 13, 2004, the city council approved the original conditional use permit request. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. 3. On January 23, 2006, the city council reviewed the original conditional use permit approval and considered a revision to the conditions of approval for the permit. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of the city staff . NOW, THEREFORE, BE IT RESOLVED that the city council approves the above - described conditional use permit revision 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 of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 13 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1.The owner or operator of the facility doing the following: a. Parking of vans or vehicles for this facility shall be on the driveway or in the garage. All employees shall not park on the street. There shall be no more than three visitor vehicles on the property. b. There shall be no more than 12 residents living in the facility at any time. C. Have the night awake staff in -place before adding any more residents or sooner, if required by other licensing agencies. d. Adding additional onsite electronic monitoring to the facility (including window alarms) before adding more residents. e. Having an annual open house for the neighbors of the facility. Make all the corrections /additions as required by the fire marshal. 2. The owners or operator shall not do any maintenance or repair of their vans or vehicles on the public street. 3. The operator shall get the necessary licenses or approvals from Ramsey County or from the State of Minnesota. 4. The owner or operator shall ensure that the house has the proper emergency exits and smoke detectors that meet current standards before adding any additional residents above the six allowed by law. 5. The city council shall review this permit in one year or immediately if there are two incidents of criminal activity occurring at the group home directly involving a group home resident. The Maplewood City Council approved this resolution on 1 2006. 14 Agenda Item # L -5 Agenda Report To: Mayor and City Council From: Richard Fursman City Manager Date: January 23, 2006 Subj: Letter from Jill Clark and 'Moving on The attached letters include correspondence received from Jill Clark and a reply letter drafted by the City Attorney with my assistance. The Clark letter includes a request for answers via another investigation as to the circumstances and motivation for the previous investigation on employee campaign activities. I am not mentioned by name, but by authority, so I cannot make recommendations to this matter. I would like to offer some personal and professional perspective however. The matter before the council is difficult for everyone involved. The separation of powers between the City Manager and Council are clear, yet this matter has ramifications that reach well beyond the established policy relationships between manager and employees. The duties of conducting investigations and employee discipline are clearly the role of the City Manager. The presentation of material facts covering this issue have been extraordinarily unique and unfortunately out of context. Chief Melander and Fire Fighter Hjelle are outstanding members of the Maplewood Fire Department. Both have exceptional records and are among the top contributors of service to the department. Chief Melander has a remarkably long and valued tenure in public service. He is dedicated to the Fire Department and to the citizens of Maplewood. The public airing of these matters have been both necessary in light of the circumstances and regrettable when considering the toll it has taken on those mentioned, the public, the council and the Maplewood. Still, our disclosure is absolutely critical because public trust is dependent on the open examination of our individual and collective decisions whether positive or not. The question in principle before the council, staff and citizens of Maplewood comes from the idea that all City personnel are expected to maintain the public trust and refrain from political favoritism when performing duties. This past election revealed some interesting circumstances where the political lines were blurred for some and black and white for others. For some these matters are serious for others they have been blown out of proportion. To each viewpoint there is a good degree of truth. My investigation into this matter is over, and consequences have been dealt. I believe it is time to move on and examine our policies to ensure they are easily understood, in the best interest of the citizens, and match our values. January 17, 2006 VIA EMAIL, FACSIMILE & MAIL The City of Maplewood c/o Maplewood City Council & City Manager Richard Fursman City Hall' Maplewood, MN 55109 Re: My client, Erik Hjelle Dear Maplewood City Council: I represent Erik Hjelle in his individual capacity. He is a paid-per-call fire fighter with the City. However, it should be noted that he is also a current City Council Member in Maplewood, having won the recent election. It appears that his having rightfully won the seat has caused a firestorm of attempts to malign him. Mr. Hjelle exercised his constitutional right to run for office, as well as his constitutional right to free speech in the campaign. Retaliation for exercise of constitutional rights violates the constitutions and subjects the City to liability. Mr. Hjelle disagrees with the "quotes" contained in the Investigation Report and seeks disclosure of any audiotapes of the interviews. Can Ms. Soldo prove that he made these statements? It is unfortunately common for interviewers either to cite statements out of context, or to paraphrase statements so that they support their conclusion. We are asking for all notes of Ms. Soldo, as well as audiotapes of the interviews. Mr. Hjelle was never informed of the discipline. He received no written notice. There was no disciplinary meeting. He received no verbal notice as an employee. He received a verbal mention while serving in his role as Council Member, only. He was never informed or any right to appeal. He was given no advance warning of the topic for the City Council agenda. (Please check Minn. Stat. Chap. 13D, as that statute appears to have been violated by the surprise agenda item.) If you are represented by counsel in this matter please give this to him or her. JILL CLARK, P.A. ATTORNEY AT LAW 2005 AQViLA AVENUE No. * GoLuEN VALLEY, MiiocEsoTA 55427 * Ptioism 763-417-9102 - FAX, 763-417-9112 # E-mAiL, mLL@ju[,LcLARKPA.com Mr. Hjelle is requesting an investigation into the motivation for the recent "111vestiotion" of him. This investigation should concentrate on the misuse of government authority to retaliate against him for proper exercise of constitutional rights. At a minimum, the new investigation should focus on the following: 1. Why were only Mr. Hjelle and Mr. Melander targeted, when others who had the same (or worse) conduct were not? 2. The Investigation Report notes that Will Rossbach reportedly rode on a fire truck after announcing his candidacy for a city elected office. Why was there no investigation of that individual's conduct? 3. We challenge the citation to the "policy." The City must be able to prove that a valid policy, that actually existed, was violated. 4. Why would Ms. Soldo, an attorney, allege that Mr. Hjelle "could have" violated Minn. Stat. §44.15, when it clearly does not apply to him? 5. Why was the unsigned Investigation Report put on the website and then removed shortly thereafter? 6. Have Investigation Reports for any other employees ever been posted on the public website? 7. Who selected Michelle Soldo to perform the "independent" investigation? Was there any vetting process to determine whether Soldo has an allegiance to HR Director? 8. Why did this investigation not even start until after the City knew that Hjelle had won the election? 9. Why were decisions made just hours before the new City Council took over? Further, Mr. Hjclle would like the City to provide him with information as to who instigated the process that led to the purported investigation and discipline of Mr. Hjelle? If there is some basis for secreting the identity of that individual/s, please provide it immediately. If that individual was an elected official, then there is no basis to claim confidentiality. People need to accept that Hjelle won the election. It is the People of Maplewood who get to pick their leaders. Mr. Hjelle will pursue this issue is he has to, but he would prefer not to have any additional tax dollars spent on this matter. Mr. Hjelle is willing to resolve this issue if the City: 1) withdraws its "investigation" and purported discipline of him (he was not properly notified of any discipline); and ii) publicly announces this withdrawal (this is demanded in order to deal with the premature release of information to the media by the City). Please respond by 5-00 p.m. on January 20, 2006. C: Erik Hjelle incere y, 2 Mr. Hjelle does not acquiesce that there was ever a proper, neutral investigation of his conduct. 3 Further, if Chap. 44 applied, then Mr. Hjelle would have the right an appeal, and PRY dissemination of information to the public prior to an appeal would violate Minn. Chap. 13. Why was information disseminated prior to Hjelle's time to appeal? Kelly & Fawcett, P.A. A T T O R N E Y S AT LAW OF COUNSEL: Ale G UIGAN & HOLL Y, PLC January 20, 2006 Jill Clark Jill Clark, P.A. 2005 Aquila Avenue North Golden Valley, MN 55427 RE: Erik Hjelle Dear Ms. Clark: ❑ Patrick J. Kelly pkelly@kellyandfawcett.com kellyandfawcett.com Our firm is the appointed City Attorney for the City of Maplewood. Your letter to the City was forwarded to us for review. In response to your letter, the City disciplined Mr. Hjelle, a City employee, for conduct in violation of City policy. As to the timing of your client's discipline, Mr. Hjelle was offered a meeting on his discipline on the afternoon of Friday, January 6. Mr. Hjelle did not come to the meeting. The City Manager then handed your client a sealed envelope containing a memorandum describing the disciplinary action after the swearing -in ceremony on Friday, January 6. Mr. Hjelle was asked, if he had any questions, he should contact Mr. Fursman. Your client's suspension began on Friday, January 6 and ended January 13 This discipline was final upon notification of your client on January 6 Accordingly, the discipline and the data supporting it became public under Minn. Stat. § 13.43 subd. 2(a)(5) (2004). Council members were given all information concerning the agenda item on Saturday afternoon. Several issues you raise in your letter are matters for the Council to discuss, such as whether they wish to investigate this matter any further. As a general response to the thrust of your letter, please note that these acts occurred within three weeks of Election Day, and were reported to the City Manager a few days after the latter incident. The decision was made to investigate the matter fully rather than attempt to discipline Mr. Hjelle on the initial reports of misconduct. That decision fully considered that Mr. Hjelle was a leading candidate for office, and discipline would have occurred within days of the election, which would have been far more damaging to Mr. Hjelle. Instead, the City asked Ms. Soldo to conduct a fact - finding investigation, and, if she found potential misconduct, to assess all potential violations of law and policy. 444 CEDAR STREET, SUITE 2350 ❑ SAINT PAUL, MINNESOTA 55101 TELEPHONE 651- 224 -3781 ❑ FACSIMILE 651- 223 -8019 www.kefyandfaweett.com January 19, 2006 Letter to Jill Clark Re: Erik Hjelle Page 2 of 2 The City Manager received Ms. Soldo's draft report shortly after New Year's, and acted expeditiously from that point to address the issues to put it behind us. The discipline taken against Mr. Hjelle and others is based solely on the violations of City policy, as those were clearly substantiated. Again, Mr. Fursman gave your client a memorandum stating the basis for discipline on the evening of January 6, 2006. We are considering your other requests for information under the Minnesota Government Data Practices Act, and will respond when that analysis is complete. If you have further requests for data related to your representation of Mr. Hjelle, please send them to our attention. If you have any further concerns about your client's employee discipline, please do not hesitate to contact me. Respectfully yours, TSO /rjo KELLY & FAWCETT, P.A. Patrick J. Kelly Cc: Richard Fursman LMCIT Aizenda Item # M -1 Agenda Report To: Mayor and City Council From: Richard Fursman City Manager Date: January 23, 2006 Subj: Requested Action Items by Council Member Hjelle The following items have been requested by Council Member Hjelle for action. This request was received on Tuesday morning; therefore, little time has been available for analysis and response. At the meeting I will bring together the best I can those items which are actionable by the council and divide out those that are administrative in nature. The items were presented as follows: Establish a public policy, by resolution, calling for a written policy for Fire Department Burns. a. Discussion of previous Council's public policy regarding public safety and the use of fire safety protocols during past Fire Department burns. b. Discussion of existing public policy expectations regarding public safety and the use of fire safety protocols during a recent Fire Department burn on January 8, 2006 and possible Council direction to City Manager. C. Discussion and formulation of current Council's public policy regarding public safety and the use of fire safety protocols for future Fire Department burns and possible Council direction, by resolution, to City Manager to implement Council policy. 2. Establish a public policy, by resolution, calling for a written policy for City of Maplewood Personnel Policies Handbook(s) a. Information regarding the City of Maplewood Personnel Policies Handbook(s): number and types of personnel handbooks used by the City of Maplewood, how the various personnel policy handbooks are maintained and kept current, process used to change workplace policies. b. Discussion of previous Council's public policy expectation that the City Manager, through his supervision of the Human Resources Department will minimizing the risk of employment litigation through, but not limited to 1.) the implementation of standardized protocols to maintain current personnel handbooks and 2.) uniform application of those policies in the workplace by the Maplewood Human Resources Department. C. Discussion of the issues raised in the letter received by Council member Hjelle and the potential breach of Council's public policy, by the City Manager and those under his direction, with regard to minimizing the risk of employment litigation through, but not limited to 1.) the implementation of standardized protocols to maintain current personnel handbooks and 2.) uniform application of those policies in the workplace by the Maplewood Human Resources Department. d. Discussion and formulation of current Council's public policy regarding the need to minimize the risk of employment litigation and possible Council direction, by resolution, to City Manager to implement said Council policy. 3. Discuss current City of Maplewood policy and state law for use of charitable gambling funds and establish a public policy, by resolution, calling for a written city policy if necessary. 4. Establish a public policy, by resolution, calling for a written revised policy for City of Maplewood purchaseslbidsldevelopment of RFPslselection of appraisers to eliminate bias or conflicts of interest with City personnel , within departments, or with the City governmental body. a. Discussion of previous Council's public policy expectation that the City Manager, through his supervision, will have written policies in place to eliminate bias or conflicts of interest with City personnel , within departments, or with the City governmental body for purchases/bids/development of RFPslselection of appraisers. b. Discussion of current written policies in place to eliminate bias or conflicts of interest with City personnel, within departments, or with the City governmental body for purchases/bids/development of RFPslselection of appraisers. C. Discussion of the issues raised by the disclosure that the Fire Department has made purchases, through an City employee, from RLS Sportswear, Inc. which appears to be owned by a City employee. d. Discussion and formulation of current Council's public policy regarding the need to have written policies in place to eliminate bias or conflicts of interest with City personnel, within departments, or with the City governmental body and possible Council direction, by resolution, to City Manager to implement said Council policy. 5. Establish the public policy, by resolution, calling for a written policy to be used by the City Manager when ordering internal investigations, funded by City funds, which eliminates political bias or conflicts of interest with City personnel, within departments, Council members, or with the City governmental body. a. Discussion of previous Council's public policy expectation that the City Manager, through his supervision, will have written policies in place to eliminate political bias or conflicts of interest with City personnel, within departments, Council members, or with the City governmental body when investigations are ordered. b. Discussion of the number of investigations ordered by the City Manager in the past five years, i.e. the scope of those investigations, the cost break down of those investigations, use of the investigations, process for notifying Council of the investigation prior to the ordering of the same, process for partnering with external professionals to evaluate the validity and reliability of an investigation, and safeguards in place to ensure the person or entity under investigation do not have their civil liberties violated. C. Discussion of current written policies in place to eliminate political bias or conflicts of interest with City personnel , within departments, Council members, or with the City governmental body. d. Discussion of the issues raised by the current investigation conducted by the City on Mr. Hjelle, as an employee, and on former District Fire Chief Jon Melander. e. Discussion and formulation of current Council's public policy regarding the need to have written policies in place to eliminate political bias or conflicts of interest with City personnel, within departments, Council members, or with the City governmental body and possible Council direction, by resolution, to City Manager to implement said Council policy. Agenda Item N1 2006 MAPLEWOOD CITY NEWS PUBLICATION DATES SCHEDULE 2006 ISSUE Author for Admin. Letter Article due to Sr. Admin. Assistant (By Noon) Issue in the Home January* (P &R Issue) Diana Longrie 12112105 01/06/06 February Diana Lan rie 01/17/06 02/01/06 March 02/13/06 03/01/06 April* (P &R Issue) 02/27/06 03/20/06 May 04/17/06 05/01/06 June 05/22/06 06/01/06 July* (P& R issue ) 06/09/06 06/26/06 August 07/11/06 08/01/06 September 08/21/06 09/01/06 October* 09/12/06 09/25/06 November 10/16/06 11/01/06 December* (P &R issue) 11/27/06 12 /15 /06 *City News is combined with Parks & Recreation issue. Your letter can be faxed to the Senior Administrative Assistant at (651) 249 -2059 or email to bert.darst @ci.maplewood.mn.us. C:ADocuments and SettingsllhansenTocal Settings \Temporary Internet Files \OLKB04 1 ,City News Publication Dates- 2006.doc 1120/06