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Home My WebLink About2006 03-13 City Council Packet5:00 p.m. Reception for Councilmembers Cave and Bartol MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 13, 2006 Council Chambers, City Hall Meeting No. 06 -06 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Minutes from the February 27, 2006 Council /Manager Workshop 2. Minutes from the February 27, 2006 City Council Meeting 3. Minutes form the March 6, 2006 Special City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS 1. Resolution of Appreciation — Rick Brandon 2. Resolution of Appreciation — Audrey Duellman 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. North St. Paul /Lakeview Ambulance EMS Mutual Aid Agreement 3. County Road D East Improvements (TH 61 to Southlawn) — City Project 02 -07 — Approve Amendment to Extend Temporary License Agreement with Xcel Energy 4. Approval of Spring Clean -Up Event Scheduled for April 29, 2006 5. Community Design Review Board 2005 Annual Report 6. Conditional Use Permit Review — University Auto Sales (1145 Highway 36) 7. Parks and Recreation Department- Regular Part -Time Employees 8. Purchase of One -Ton Truck and Utility Body 1. PUBLIC HEARINGS 7:00 p.m. -- TH 5 and TH 120 Property Owned by MnDOT — City Project 03 -20 — Review Marsh 212 and Hill— Murray Schools Concepts for Property Usage m 7 K. UNFINISHED BUSINESS 1. Kenwood Area Street Improvements, Project 05 -16 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll 2. Carver Crossings Improvements (formerly CoPar Development) — City Project 05 -07 — Approve Resolution Authorizing Distribution of Environmental Assessment Worksheet (EAW) 3. Conditional Use Permit Review — Comfort Bus Company (1870 Rice Street) 4. Purchasing Policies L. NEW BUSINESS 1. Intoxicating Liquor License — Sherry Peake — Keller Golf Course Clubhouse 2. Approve Settlement Claim for Sewer Backup at 2621 Arel Street North with Joe and Susan Grieman 3. Approve Noise Variance for Ramsey County to Perform Night Time Road Maintenance on Beam Avenue between Hazelwood and White Bear Avenue 4. Menards — 2280 Maplewood Drive a. Conditional Use Permit Revision b. Parking Reduction Authorization C. Design Approval 5. Predatory Offender Ordinance — Draft /First Reading M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 1. Bid Award on Bond Issue — Thursday, March 23, 2006 at 5:00 p.m. 2. Retreat Update 3. April 3, 2006 — Council /Manager Workshop — Plan B Form of Government and Democratic Governance 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. DRAFT - MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, February 27, 2006 Council Chambers, City Hall 6:00 p.m. Donald Christian Joy Tkachuck' Rick Brandon Michele Gran Audrey Duellma Gaoly Yang E CALL TO ORDER ROLL CALL Present Diana Longrie, Mayor David Bartol, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Others present: Parks and Recreation Director And APPROVAL OF AGENDA NEW BUSINESS 1. Parks and Recreation Comi a. Parks and Recreation Direc vacancies, interview schedt Agenda Item E1 presented the report and discussed the process with council. Ilowing order: The decision of the council will be announced and appointments will be made at the following City Council meeting. FUTURE TOPICS 1. Council Retreat 2. Democratic Governance F. ADJOURNMENT Mayor Longrie adjourned the meeting at 7:10 p.m. Agenda Item E2 DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:18 P.M. Monday, February 27, 2006 Council Chambers, City Hall Meeting No. 06 -04 0 =1 E. 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 7:18 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor David Bartol, Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA M1. Thank you from Councilmer M2. Chinese Delegation Update G1. Park Board Appointments Mayor Longrie moved to approve tf Present Present Present Present Seconded by Councilmember Hjelle Ayes-All APPROVAL OF MINUTES 1. Clarification of Minutes from the January 23, 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the January 23, 2006 Council /Manaaerr Workshop. ed by Councilmember Bartol Ayes-All 2. Minutes from the February 13, 2006 Council /Manager Workshop Mayor Longrie moved to approve the minutes from the February 13, 2006 City Council /Manager Workshop. Seconded by Councilmember Hjelle Ayes-All 3. Minutes from the February 13 and 16 (continuation) 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the February 13 and 16 (continuation) 2006 City Council Meeting. City Council Meeting 02 -27 -06 Seconded by Councilmember Hjelle Ayes-All F. VISITOR PRESENTATIONS None G. APPOINTMENTS/PRESENTATIONS 1. Parks and Recreation Commission Appointments a. City Manager Fursman presented the report. b. Parks Director Anderson presented specifics Mayor Longrie moved to appoint Don Christenson three year term and Bruce Roman for a one year f ;ran and Gaoly Yana for a Maolewood Parks and Recreation Commission. Seconded by Councilmember Bartol Ayes -Mayor Longrie, Councilmembers Bartol and Hjelle Nays- Councilmembers Juenemann and Rossbach H. CONSENT AGENDA Councilmember Juenemann moved to adopt consent agenda items 1 -3, 7, 9, 10. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann moved to accept the staff report for consent agenda itei and 5. Seconded by Councilmember Hjelle Mayor Longrie moved to accept the Seconded by Councilmember Hjelle Mayor Longrie moved to direct staff Agreement with the City of Woodbur council at the March 27 Citv Counc Ayes-All staff report for consent aaenda item 6. Ayes-All Seconded by Councilmember Hjelle Ayes-All Councilmember Rossbach moved to direct staff to review the wording of the proposed Purchasing policy (Consent agenda Item 11) and to include a price sheet in the policy for price comparisons which will e valid for six months and is required by the policy. Seconded by Councilmember Hjelle Ayes-All Councilmember Bartol moved to adopt Consent Aaenda Item 12. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 02 -27 -06 2 1. Approval of Claims ACCOUNTS PAYABLE: $ 1,895.27 Manual Check # 69208 dated 02/09/06 $ 130,590.92 Checks # 69209 thru # 69251 dated 2/10/06 thru 2/14/06 $ 132,392.61 Disbursements via debits to c dated 02/03/06 thru $ 163,534.14 Checks # 69252 thru # 693 dated 02/21106 $ 270,608.31 Disbursements via debits to dated 02/10106 thru 02/15/06 !eking account account $ 699,021.25 Total Accounts Payable PAYROLL $ 487,652.17 Payroll Checks and Direct Deposits dated 02 -10 -06 $ 2,284.75 Payroll Deduction check # 104158 thru # 104159 dated 02/10/06 $ 489,936.92 Total Payroll $ 1,188,958.17 GRAND TOTAL 2. Final Plat — Mapletree Townhomes (2811 — 2827 Southlawn Drive) Moved to approve the final plat for the Mapletree Townhouse date - stamped January 24, 2006. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the City Engineer. 3. Purchase of Police Vehicles Approved the purchase of six 2006 Ford Crown Victoria Police Interceptor squad cars. City Council Meeting 02 -27 -06 3 Q n 7 Lam Acceptance of 2005 Justice Assistance Grant Approved acceptance of the JAG funds and authorized the appropriate budget adjustments. The interlocal agreement required to participate in this grant has been reviewed and approved by the City Attorney's office. Acceptance of 2005 Buffer Zone Protection Plan Grant Approved acceptance of the BZPP funds and authorized the appropriate budget adjustments. Carry Over of 2005 Appropriations to 2006 Approved the carryover of 2005 appropriations to 2006. Approve Purchase of Single -Axle Plow Truck Body and Plow /Wing Attachment Authorized entering into a contract wit Aspen Equipment, under State Contract #433309, and J -Craft Equipment under State Contract #435404, for the Purchase of one single -axle truck body and open plow /wing attachment at a combined cost of $62,188.26. Approve Sewer Use /Connection Agreement with the City of Woodbury — North of Highwood Avenue See m Idens T.H. 61 Frontage Road — City Project 04 -04 — Resolution for i of Existing Construction Contract, Change Orders 1, 2, and 3 topted the fallowing resolution directing the modification of the existing instruction contract, Change Orders 1, 2, and 3 for the Venburg /Guldens Frontage Road, City Project 04 -04 (02 -08). RESOLUTION 06 -02 -025 - ING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04-04 (02 -08), CHANGE ORDER No. 1, 2 and 3 (Imperial Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04 -04 (02 -08), Venburg /Guldens Frontage Road, 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 04 -04 (02 -08) Change Order Nos. 1, 2, and 3 as an increase to said contract by an amount of $3,521.00, such that the new contract amount is now and hereby established as $428,337.34. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to City Council Meeting 02 -27 -06 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, 2 and 3 as a contract increase in the amount of $3,521.00. The revised contract amount is $428,337.34. No revisions to the project budget are proposed at this time, as these changes fall within the revised project budget approved by the city council on December 12, 2005. 10. Gladstone North Area Street Improvements — City Project 04 -15 — Resolution for Modification of Existing Construction Contract, Change Orders 2 and 3 Adopted the following resolution directing the modification of the existing construction contract for the Gladstone North Area Street Improvements, City Project 04 -15. 11. Purchasing Policies and Procedures See motion (page 3). 12. Transportation Alliance Resolution Adopted the following resolution supporting transportation revenues for public transit assistance and highway purposes: RESOLUTION 06 -02 -026 Whereas, Minnesota's transportation infrastructure forms the backbone of the state's economy and has a direct impact on future economic development; Whereas, too many Minnesotans are being killed in traffic crashes on dangerous roadways; Whereas, funding for highway and transit systems in Minnesota has remained stagnant and is failing to keep pace with growing population and growing demands; Whereas, local governments throughout the state are struggling to maintain local rtation systems while the state's gas tax has not been increased since 1988 and )udgets have been cut in recent years; Whereas, the Minnesota Legislature has repeatedly turned to revenue from the motor vehicle sales tax, which has been viewed as user fee revenue, in order to fund both highway and transit systems including the current dedication of 54% of motor vehicle sales tax for transportation purposes; Whereas, the legislature passed a proposed constitutional amendment during the 2005 Legislative Session that would appear on the ballot November 7, 2006 asking voters if the remaining 46% of motor vehicle sales tax revenue currently used for other purposes should be used for highways and transit systems; Whereas, passage of this amendment would mean an increase in stable revenue for highway and transit systems throughout the state that would rise to approximately $300 million per year once the transfer of revenue is fully phased -in by 2011; City Council Meeting 02 -27 -06 NOW, THEREFORE, Be It Resolved That the City of Maplewood strongly supports passage of the proposed amendment to the Minnesota Constitution dedicating all of the motor vehicle sales tax revenue to transportation with at least 40% of the revenue for public transit assistance and not more than 60% of the revenue for highway purposes. PUBLIC HEARINGS 8:00 p.m. Reduced Front Yard Setback Authorization (2413 Linwood Avenue) J. a. City Manager Fursman presented the report. b. Planner Finwall presented specific from the report. Councilmember Juenemann moved to table the public hearing for the reduced front Council Meeting. Seconded by Councilmember Bartol Ayes -All AWARD OF BIDS 1. Maplewood Community ( a. City Manager Fursman pi b. Parks and Recreation Di C. Finance Director Faust ad for this project. Councilmember Juenemann mov port. n presented specifics from the report. cil questions regarding budgeting issues city receives a tormal letter of contirmation warranting their bid Mrougn Uecember 1, 2006. Seconded by Councilmember Hjelle Ayes-All UNFINISHED BUSINESS 1. TH 5 and TH 120 Property Owned by MnDOT — City Project 03 -20 — Approve Resolution Calling Public Hearing for March 13 th to Review Marsh 212 and Hill - Murray School's Concepts for Property Usage a. City Manager Fursman presented the report. b. City Engineer Ahl presented specifics from the report. Councilmember Juenemann moved to adopt the attached resolution calling for a public hearing for March 13, 2006, at 7:00 p.m. for the TH 5 and TH 120 excess MnDOT Property for Marsh 212 and Hill- Murray. Seconded by Councilmember Rossbach Ayes-All City Council Meeting 02 -27 -06 L. NEW BUSINESS Intoxicating Liquor License — Off -Sale — Blianchong Lor - Lor's Liquor Store a. City Manager Fursman presented the report. b. Police Chief Thomalla presented specifics from the report. C. Blianchong Lor, the applicant, was presented for council questions. Councilmember Rossbach moved to approve the off -sale intoxicating liquor license change of manager to Blianchong Lor for Lor's Liquor Store at 1347 Frost Avenue. Seconded by Councilmember Hjelle Ayes-All 2. Intoxicating Liquor License — On -Sale — Jill Skogheim — 5 -8 Tavern & Grill a. City Manager Fursman presented the report. b. Police Chief Thomalla presented specifics from the report. C. Jill Skogheim, the applicant, was presented for council questions. Councilmember Rossbach moved to approve the on -sale intoxicating lig Avenue East. Seconded by Councilmember Hjelle Ayes-All 3. City Code Amendment — Nonconforming Uses (First Reading) a. City Manager Fursman presented the report. Planner Finwall presented specifics from the report. Planning Commissioner Dierich provided the Maplewood Planning Commission Report. Councilmember Jueneann moved to approve the first reading of the following ORDINANCE NO. 867 AN ORDINANCE AMENDING THE NONCONFORMING BUILDINGS OR USES SECTION The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 42 -12 (c) (Nonconforming buildings or uses) (additions are underlined and deletions are stricken): City Council Meeting 02 -27 -06 .A. A Q_.AGQ_AfQ_FA;iRg building whGily or parti ally des#oyed by fiFe explosion, flood QF ether phenn_m.6_QAQ_A or legally GE)RdeR;Red may be Fer-ae-Astrur-,ted- -and- usse-d- for the- sa nnnnnnfnrminn �co nrnvirlorl 4h�+ h� iilrlinn ronnncfn �r�iinn chill ho nnmmonr�Ad within A 1_1 0 A nonconforming building, structure or use destroyed by fire or other peril may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not expansion, unless more than fifty (50) percent of its market value is destroyed and provided that a building permit has been applied for within one - hundred case, the mitiaate a impose reasonable conditions u n a building permit in order to created impact on an adiacent Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. Seconded by Councilmember Rossbach Ayes, -All 4. Preliminary Approval for Issuance of Bonds and Equipment Certificates a. City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. Councilmember Hjelle moved to adopt the following resolutions providing preliminary approval for the sale of $6,085,000 General Obligation Improvement Bonds and providing preliminary approval for the sale of $290,000 General Obligation Equipment RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $6,085,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2006A A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City"), has heretofore determined that it is necessary and expedient to issue $6,085,000 General Obligation Improvement Bonds, Series 2006A (the "Bonds "), to finance various improvement projects within the City; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Bonds. City Council Meeting 02 -27 -06 2. Meeting: Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Bonds. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal The terms and conditions of the Bonds and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and participate in the preparation of an official statement for the Bonds, and to execute and deliver it on behalf of the City upon its completion. EXHIBIT A TERMS OF PROPOSAL $6,085,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS. SERIES 2006A M Proposals for the Bonds will be received on Thursday, March 23, 2006, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 5 :00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. OR (b) Electronic Bidding, Notice is hereby given that electronic proposals will be received via PARITY For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to City Council Meeting 02 -27 -06 undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY The City is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Bonds, and PARITY is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY this Terms of Proposal shall control. Further information about PARITY including any fee charged, may be obtained from: PARITY 1359 Broadway, 2n Floor, New York, New York 10018 Customer Support: (212) 849 -5000 DETAILS OF THE BONDS The Bonds will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Bonds will mature August 1 in the years and amounts as follows: 2007 $ 35,000 2014 $325,000 2021 $380,000 2008 $ 35,000 2015 $330,000 2022 $395,000 2009 $295,000 2016 $335,000 2023 $305,000 2010 $300,000 2017 $345,000 2024 $315,000 2011 $305,000 2018 $355,000 2025 $330,000 2012 $310,000 2019 $360,000 2026 $345,000 2013 $315,000 2020 $370,000 Proposals for the Bond's may contain a maturity schedule providing for a combination of serial bonds and term bonds. All term bands shall be subject to mandatory sinking fund redemption and must conform to the maturity schedule set forth above at a price of par plus accrued interest to the date of redemption. In order to designate term bonds, the proposal must specify "Years of Term Maturities" in the spaces provided on the Proposal Form. BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ( "DTC "), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. City Council Meeting 02 -27 -06 10 The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. The City may elect on August 1, 2016, and on any day thereafter, to prepay Bonds due on or after August 1, 2017. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest: in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited properties. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $6,008,938 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $60,850, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 51100 or 118 of 1 %. Rates must be in level or ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. City Council Meeting 02 -27 -06 11 The City will reserve the right to: (i) waive non - substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Bonds has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non - compliance with said terms for payment. On the date of actual issuance and delivery of the Bonds, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Bonds to provide certain financial and other information about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser City Council Meeting 02 -27 -06 12 is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2 -12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. 06 -02 -029 RESOLUTION PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $290,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006B A. WHEREAS, the City Council of the City of Maplewood, Minnesota (the "City "), has heretofore determined that it is necessary and expedient to issue $290,000 General Obligation Equipment Certificates of Indebtedness, Series 2006B (the "Certificates "), to finance the acquisition of equipment for the City's police and fire department; and B. WHEREAS, the City has retained Springsted Incorporated, in Saint Paul, Minnesota ( "Springsted "), as its independent financial advisor and is therefore authorized to sell these obligations by a competitive negotiated sale in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9): and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota', as follows: 1, Authorization The City Council hereby authorizes Springsted to solicit proposals for the competitive negotiated sale of the Certificates. 2. Meeting; Proposal Opening This City Council shall meet at the time and place specified in the Terms of Proposal attached hereto as Exhibit A for the purpose of considering proposals for, and awarding the sale of, the Certificates. The proposals shall be received at the offices of Springsted and shall be opened at the time specified in such Terms of Proposal. 3. Terms of Proposal The terms and conditions of the Certificates and the negotiation thereof are fully set forth in the "Terms of Proposal" attached hereto as Exhibit A and hereby approved and made a part hereof. 4. Official Statement In connection with the sale, the City Clerk, Mayor and other officers or employees of the City are hereby authorized to cooperate with Springsted and City Council Meeting 02 -27 -06 13 participate in the preparation of an official statement for the Certificates, and to execute and deliver it on behalf of the City upon its completion. $290,000 CITY OF MAPLEWOOD, MINNESOTA GENERAL OBLIGATION EQUIPMENT CERTIFICATES OF INDEBTEDNESS, SERIES 2006E (BOOK ENTRY ONLY) Proposals for the Certificates will be received on Thursday, March 23, 2006, until 10:00 A.M., Central Time, at the offices of Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Certificates will be by the City Council at 5:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Certificates regardless of the manner in which the Proposal is submitted. (a) Sealed Bidding. Proposals may be submitted in a sealed envelope or by fax (651) 223 -3046 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223 -3000 or fax (651) 223 -3046 for inclusion in the submitted Proposal. a (b) Electronic Bidding Notice is hereby given that electronic proposals will be received via PARITY For purposes of the electronic bidding process, the time as maintained by PARITY shall constitute the official time with respect to all Bids submitted to PARITY Each bidder shall be solely responsible for making necessary arrangements to access PARITY for purposes of submitting its electronic Bid in a timely manner and in compliance with the requirements of the Terms of Proposal. Neither the City, its agents nor PARITY shall have any duty or obligation to undertake registration to bid for any prospective bidder or to provide or ensure electronic access to any qualified prospective bidder, and neither the City, its agents nor PARITY shall be responsible for a bidder's failure to register to bid or for any failure in the proper operation of, or have any liability for any delays or interruptions of or any damages caused by the services of PARITY The City is using the services of PARITY solely as a communication mechanism to conduct the electronic bidding for the Certificates, and PARITY is not an agent of the City. If any provisions of this Terms of Proposal conflict with information provided by PARITY', this Terms of Proposal shall control. Further information about PARITY including any fee charged, may be obtained from: PARITY 1359 Broadway, 2n Floor, New York, New York 10018 Customer Support: (212) 849 -5000 City Council Meeting 02 -27 -06 14 DETAILS OF THE CERTIFICATES The Certificates will be dated April 1, 2006, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing February 1, 2007. Interest will be computed on the basis of a 360 -day year of twelve 30 -day months. The Certificates will mature August 1 in the years and amounts as follows: 2007 $ 50,000 2008 $ 55,000 2009 $ 60,000 2010 $ 60,000 2011 $ 65,000 BOOK ENTRY SYSTEM' The Certificates will be issued by means of a book entry system with no physical distribution of Certificates made to the public. The Certificates will be issued in fully registered form and one Certificate, representing the aggregate principal amount of the Certificates maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Certificates. Individual purchases of the Certificates may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Certificates. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Certificates, will be required to deposit the Certificates with DTC. REGISTRAR The City will name the registrar, which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. The Certificates will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Certificates will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. The proceeds will be used to finance the acquisition of equipment for the City's police and fire departments. TYPE OF PROPOSALS Proposals shall be for not less than $285,070 and accrued interest on the total principal amount of the Certificates. Proposals shall be accompanied by a Good Faith Deposit ( "Deposit ") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $2,900, payable to the order of the City. If a check is used, it must accompany the proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to City Council Meeting 02 -27 -06 15 Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Certificates are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3 :30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The Deposit received from the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser, will be deposited by the City. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Certificates is adjourned, recessed, or continued to another date without award of the Certificates having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1 %. Rates must be in level or ascending order. Certificates of the same maturity shall bear a single rate from the date of the Certificates to the date of maturity. No conditional proposals will be accepted. AWARD The Certificates will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non- substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Certificates, (ii) reject all proposals without cause, and (iii) reject any proposal that the City determines to have failed to comply with the terms herein. 'Oh• - - - If the Certificates qualify for assignment of CUSIP numbers such numbers will be printed on the Certificates, but neither the failure to print such numbers on any Certificate nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Certificates. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Certificates will be delivered without cost to the purchaser through DTC in New York, New York. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Briggs and Morgan, Professional Association, of Saint Paul and Minneapolis, Minnesota, and of customary closing papers, including a no- litigation certificate. On the date of settlement, payment for the Certificates shall be made in federal, or equivalent,' funds that shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Unless compliance with the terms of payment for the Certificates has been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non- compliance with said terms for payment. CONTINUING DISCLOSURE On the date of actual issuance and delivery of the Certificates, the City will execute and deliver a Continuing Disclosure Undertaking (the "Undertaking ") whereunder the City will covenant for the benefit of the owners of the Certificates to provide certain financial and other information City Council Meeting 02 -27 -06 16 about the City and notices of certain occurrences to information repositories as specified in and required by SEC Rule 15c2- 12(b)(5). OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Certificates, and said Official Statement will serve as a nearly final Official Statement within the meaning of Rule 15c2 -12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 380 Jackson Street, Suite 300, Saint Paul, Minnesota 55101, telephone (651) 223 -3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Certificates, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Certificates, as that term is defined in Rule 15c2 -12. By awarding the Certificates to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Certificates are awarded 85 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Certificates are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Certificates agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Certificates for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Seconded by Councilmember Rossbach Ayes -All M. COUNCIL PRESENTATIONS Thank you Councilmember David Bartol recapped his observations while temporarily serving on the City Council over the last 3 1 12 months and thanked the Maplewood residents for affording him the honor of serving them. 2. Chinese Delegation Mayor Longrie and City Manager Fursman hosted a Chinese Delegation on Saturday, February 25th at City Hall. The visitors were from the City of Loude, population of 4.5 million, and here with the intention to establish various trade relationships. The Delegation is seriously considering Maplewood as an option for a satellite office. N. ADMINISTRATIVE PRESENTATIONS Set Date for Council /Staff Retreat Council /Staff Retreat -City Manager Fursman invited the council to consider dates in March or April for a council /staff retreat where plans will be laid out for 2006/2007 and to assess future goals for the community. This retreat also assists staff in defining the direction. Mayor Longrie suggested each councilmember submit 2 dates in April (Friday's) that would be feasible for them. Councilmember Rossbach suggested that the location be off - campus with Mayor Longrie suggesting the Ramsey County Family Services Center Conference Room. City Council Meeting 02 -27 -06 17 2. Canvass of Election Results Monday, March 6th, 5:00 p.m. City Manager Fursman reminded council of the special meeting to canvass the results from the February 28 Special Election. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 9:08 p.m. City Council Meeting 02 -27 -06 18 A. CALL TO ORDER B. C. 41 E. DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL SPECIAL MEETING 5:04 P.M. Monday, March 06, 2006 Council Chambers, City Hall Meeting No. 06 -05 PLEDGE OF ALLEGIAN ROLL CALL Diana Longrie, Mayor David Bartol, Councilmemtr Erik Hjelle, Councilmember Kathleen Juenemann, Coui Will Rossbach, Councilmer APPROVAL OF AGEND Councilmember Rossbach Seconded by Councilmemk NEW BUSINESS 1. Canvass of February 28, 20( a. City Manager Fursman presr b. REAL Director /City Clerk Gui icilmember Rossbach mo ebruary 28. 2006 Soecial RESOLVED, that board on March E General Election. Special Election ed the report. Agenda Item E3 oile presented specifics from the report. adoot the following resolution aoorovina the election results from RESOLUTION 06 -03 -030 CANVASS OF ELECTION the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing , 2006, hereby declares the following results in the February 28, 2006, Special COUNCILMEMBER: Joe Cardenas 96 Rebecca Cave 1690 Christopher Hampl 99 Dale Trippler 756 Rebecca Cave, receiving the highest number of votes for the Special General Election will be sworn in as councilmember at the March 13, 2006 council meeting. Special City Council Meeting 03 -06 -06 Seconded by Councilmember Hjelle Ayes -All BALLOT QUESTION: The results of the referendum question increasing the on -sale intoxicating liquor license allotment from 32 to 37 failed. The results follow: Yes 1282 No 1309 F. ADJOURNMENT Mayor Longrie moved to adjourn the meeting at 5:08 p.m. Special City Council Meeting 03 -06 -06 Agenda Item G 1 JOINT RESOLUTION OF APPRECIATION WHEREAS, Rick Brandon has been a member of the Maplewood Parks and Recreation Commission since March 1995 and has served faithfully in that capacity to the present time; and WHEREAS, the Parks and Recreation Commission has appreciated his experience, insights and good judgment and WHEREAS, he has fireely given of his time and energy, without compensation, for the betterment of the City r?f Maplewood; and WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. AVOW THEREFORE, IT IS HEREB Y RESOL VED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Rick for is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. Passed b the Maplewood City Council on Diana Longrie, Mayor Passed b the Maplewood Parks and Recreation Commission on Peter Fischer, Chairperson Attest: Karen Guilfoile, City Clerk Agenda Item G2 JOINT RESOLUTION OF APPRECIATION WHEREAS, Audrev Duellman has been a member of the Maplewood Parks and Recreation Commission since January 1997 and has served faithfully in that capacity to the present time; and WHEREAS, the Parks and Recreation Commission has appreciated her experience, insights and good judgment and WHEREAS, she has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, she has shown sincere dedication to her duties and has consistently contributed her leadership, time and effort for the benefit of the City. AVOW THEREFORE, IT IS HERE&YRESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Audrey Duellman is hereby extended our heartfelt gratitude and appreciation for her dedicated service, and we wish her continued success in the, future. Passed b the Maplewood City Council on Diana Longrie, Mayor Passed b the Maplewood Parks and Recreation Commission on Peter Fischer, Chairperson Attest: Karen Guilfoile, City Clerk AGENDA NO. H-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: March 13, 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: 317,956.21 Checks # 69324 thru # 69381 dated 02/24/06 thru 02/28/06 150,375.58 Disbursements via debits to checking account dated 02-16-06 thru 02-23-06 $ 153,057.18 Manual Checks # 69382 thru # 69385 dated 02/27/06 thru 03/01/06 385,091.05 Checks # 69386 thru # 69436 dated 03/07/06 406,157.36 Disbursements via debits to checking account dated 02/24/06 thru 03/02/06 1,412,637.38 Total Accounts Payable PAYROLL 476,943.80 Payroll Checks and Direct Deposits dated 02/24/06 2,284.75 Payroll Deduction check # 104298 thru # 104299 dated 02/24/06 479,228.55 Total Payroll $ 1,891,865.93 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments S:\CTY Lists and Reports 2006\Agenda Reports\03-13-06\H1 Approval of Claims.xis vchlist 02/24/2006 12:12:21 PM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69324 2/28/2006 03613 ACTION IMPRINTS T- SHIRTS 1,588.05 VOLUNTEERS IN POLICE SRV 899.70 TSHIRTS 705.60 69325 2/28/2006 01809 AGGREGATE INDUSTRIES NCR INC SAFETY GRIT - TAX & DELIVERY 1,903.34 69326 2/28/2006 03028 ASSN OF PUBLIC MGR PROF OF MN MEMBERSHIP 20.00 69327 2/28/2006 00178 BERGGREN, CORDON NAME SIGN 20.00 69328 2/28/2006 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 189.00 MERCH FOR RESALE 189.00 MERCH FOR RESALE 189.00 MERCH FOR RESALE 126.00 69329 2/28/2006 01974 BLUE CROSS REFUNDS VOID 0.00 69330 2/28/2006 02585 CENTRAL INTERNAL MEDICINE FITNESS PROGRAM STRESS TEST 150.00 69331 2/28/2006 00283 CENTURY COLLEGE CHARITABLE GAMBLING FUND 1,120.00 69332 2/28/2006 00283 CENTURY COLLEGE HAZMAT TRAINING 396.33 69333 2/28/2006 00309 COMMISSIONER OF TRANSPORTATION MN /DOT STANDARD SPEC COPIES 90.00 69334 2/28/2006 00463 EMERGENCY APPARATUS MAINT VOID 0.00 69335 2/28/2006 00467 ENGRAPHICS INC INSCRIPTION SERVICE 15.71 69336 2/28/2006 00519 FLEXIBLE PIPE TOOL CO. WATER CONTROL VALVE SEAL KIT 19.17 69337 2/24/2006 03615 GENNOW, PAMELA PAYROLL CHECK 02/04 - 02/17 180.64 69338 2/28/2006 00585 GOPHER STATE ONE -CALL NET BILLABLE TICKETS - JAN 404.50 69339 2/28/2006 00612 GYM WORKS INC EQUIPMENT STEP CABLES 116.62 69340 2/28/2006 00662 HERITAGE THEATER CO INC CHARITABLE GAMBLING AWARD 4,516.00 69341 2/28/2006 03597 HOFMEISTER, MARY JO REIMB FOR MILEAGE 1/19 - 2/16 12.96 69342 2/28/2006 00483 IDEACOM MID - AMERICA PROGRAM PHONES 10/28/05 307.00 ALARM 202 VM UNIT DATABASE 326.96 DISPLAY PHONE 136.32 69343 2/28/2006 02995 INTEGRATED LOSS CONTROL INC TRAINING 484.00 69344 2/28/2006 03573 INTERSTATE POWER SYSTEMS INC TRANSMISSION DIAL & 7,146.19 69345 2/28/2006 02196 JORGENSON CONST INC PROJ 03 -19 PW BLDG ADDITION 169,354.60 69346 2/28/2006 02453 KNABE, WILLIAM REPAIR DODGE DURANGO 1,997.31 69347 2/28/2006 00827 L M C I T WORKERS COMPENSATION 19,392.00 69348 2/28/2006 03611 M K MECHANICAL SERVICE REPAIR TUBE HEATER 377.00 69349 2/28/2006 00917 MAC QUEEN EQUIPMENT INC TRAINING REGISTRATION FEE 150.00 69350 2/28/2006 00932 MAPLEWOOD BAKERY MERCH FOR RESALE 324.64 REFRESHMENTS FOR TRAINING 36.81 69351 2/28/2006 03612 MAS MODERN MARKETING PROGRAM SUPPLIES 124.22 69352 2/28/2006 01018 MINNEAPOLIS FINANCE DEPT AUTOMATED PAWN FEE - JAN 536.00 69353 2/28/2006 01126 MN NCPERS LIFE INSURANCE PERA LIFE INSURANCE 380.00 69354 2/28/2006 01175 NORTH ST PAUL, CITY OF MONTHLY UTILITIES 2,679.14 69355 2/28/2006 01213 OLSON, JULIE REIMB FOR TUITION 210.00 69356 2/28/2006 00001 ONE TIME VENDOR REF A ABDULLAHI - AMB 05001027 1,147.00 69357 2/28/2006 00001 ONE TIME VENDOR REF T FLEISCHHACKER - AMB 216.40 69358 2/28/2006 00001 ONE TIME VENDOR REF N DEBERNARDI - 54.00 69359 2/28/2006 00001 ONE TIME VENDOR REF D TARNOWSKI - 10.00 69360 2/28/2006 01229 OXYGEN SERVICE COMPANY INC PLASMA CUTTER & CART 2,312.68 69361 2/28/2006 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 798.15 69362 2/28/2006 03614 PLAZA TV & APPL INC REPAIR APPLIANCE 84.95 69363 2/28/2006 01337 RAMSEY COUNTY -PROP REC & REV BRIDGE INSPECTION 380.00 69364 2/28/2006 01360 REINHART FOODSERVICE MERCH FOR RESALE 330.80 69365 2/28/2006 03398 SHAMROCK GROUP MERCH FOR RESALE 59.00 69366 2/28/2006 03616 SIBLEY COVE, LTD PARTNERSHIP FUND 429 TAX INCREMENT 90% 19,597.75 69367 2/28/2006 01463 SISTER ROSALIND GEFRE FEES FOR SERVICE 2,954.00 69368 2/28/2006 01556 SPEEDWAY SUPERAMERICA LLC FUEL 106.00 69369 2/28/2006 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 895.19 69370 2/28/2006 01545 SUBURBAN RATE AUTHORITY MEMBERSHIP ASSESSMENT - 1ST 1,600.00 69371 2/28/2006 01574 T.A. SCHIFSKY & SONS, INC RIVER ROCK - BEAVER LAKE 1,389.61 2 vchlist 02124/2006 12:12:21 PM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account 69372 2/28/2006 01578 T.R.F. SUPPLY CO. SAFETY GLASSES 69373 212812006 01580 TSE, INC. JANITORIAL SRVS - 12/26 TO 69374 212812006 03334 UNIQUE PAVING MATERIALS CORP WINTER PATCH MATERIAL WINTER PATCH MATERIAL 69375 212812006 01699 UNIVERSITY OF MINNESOTA TRAINING FEE 69376 2/28/2006 03026 UPPER MIDWEST COMM POLICING CONFERENCE 1/17 69377 212812006 01734 WALSH, WILLIAM P. COMMERICAL PLUMBING INSP 69378 212812006 01750 WATSON CO INC, THE MERCH FOR RESALE 69379 212812006 02462 WEMYSS, SCOTT D NAMETAGS 69380 2/28/2006 01789 WOODBURY, CITY OF SEWAGE TREATMENT COSTS 69381 212812006 01190 XCEL ENERGY ELECTRIC CHARGES 1/16 - 1124 58 Checks in this report Amount 134.19 792.00 568.28 300.76 270.00 35.00 394.75 508.70 62.00 55,388.00 10.552.81 Total checks : 317,956.21 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 02/15/06 02/13/06 02/16/06 02/13/06 02/16/06 02/17/06 02/17/06 02/21/06 02/13/06 02/22/06 02/17/06 02/16/06 02/16/06 02/17/06 02/17/06 02/17/06 02/21/06 02/21/06 02/22/06 02/22/06 02/23/06 02/23/06 MN State Treasurer ARC Administration MN State Treasurer MN Dept of Revenue MN Dept of Natural Resources MN State Treasurer Pitney Bowes MN State Treasurer MN Dept of Revenue MN State Treasurer US Bank VISA One Card" TOTAL Description Drivers License /Deputy Registrar DCRP & Flex plan payments Drivers License /Deputy Registrar Sales Tax DNR electronic licenses Drivers License /Deputy Registrar Postage Drivers License /Deputy Registrar Fuel Tax Drivers License /Deputy Registrar Purchasing card items 'Detailed listing of VISA purchases is attached. Amount 1 • � 11 i , � • •: 11 1 : El Transactions 02 -04 -06 to 02- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Short Name 20060205 20060206 IKEA BLOOMINGTON $113.85 ANZALDI MANDY 20060209 20060213 OFFICE MAX 00002204 $34.05 ANZALDI MANDY 20060212 20060213 TARGET 00011858 $34.05 ANZALDI MANDY 20060214 20060216 JOANN ETC #1970 $253.89 ANZALDI MANDY 20060202 20060206 UNIFORMS UNLIMITED $3,075.17 BANICK JOHN 20060208 20060210 SHRED -IT 01 OF 01 $113.22 BANICK JOHN 20060208 20060213 DE LADE LANDEN OP01 OF 01 $626.43 BANICK JOHN 20060210 20060213 DRIVERS LICENSE GUIDE $74.00 BANICK JOHN 20060213 20060214 WWW.REGONLINE.COM $175.00 BANICK JOHN 20060216 20060217 HEALTHEAST TRANSPORTATN $4,070.06 BANICK JOHN 20060113 20060216 NUCO2 01 OF 01 $82.01 BEHAN JIM 20060120 20060216 NUCO2 01 OF 01 $76.04 BEHAN JIM 20060127 20060216 NUCO2 01 OF 01 $87.33 BEHAN JIM 20060131 20060216 NUCO2 01 OF 01 $86.05 BEHAN JIM 20060201 20060216 NUCO2 01 OF 01 $54.71 BEHAN JIM 20060203 20060206 EXTRACTOR CORPORATI $460.00 BEHAN JIM 20060206 20060216 NUCO2 01 OF 01 $80.51 BEHAN JIM 20060211 20060213 VERIZON WRLS 12KW $47.89 BEHAN JIM 20060213 20060214 ELECTRIC MOTOR REAPIR $199.63 BEHAN JIM 20060215 20060216 ADAMS PEST CONTROL $149.58 BEHAN JIM 20060215 20060216 ALL MAIN STREET ELECTRIC $639.95 BEHAN JIM 20060215 20060217 MINVALCO INC $265.97 BEHAN JIM 20060216 20060217 W W GOETSCH ASSOCIATES IN $223.65 BEHAN JIM 20060211 20060213 WALGREEN 00031229 $7.43 BIESANZ OAKLEY 20060216 20060217 WALGREEN 00031229 $425 BIESANZ OAKLEY 20060208 20060210 CUB FOODS, INC. $30.93 BREHEIM ROGER 20060207 20060208 PIONEER PRESS ADVERTISIN $370.00 CAREY HEIDI 20060207 20060208 FEDEX KINKO'S #0617 $51.12 CAREY HEIDI 20060208 20060209 FEDEX KINKO'S #0617 $15.98 CAREY HEIDI 20060213 20060214 FEDEX KINKO'S #0617 $175.73 CAREY HEIDI 20060213 20060214 DGI*DYNAMIC GRAPHICS $79.00 CAREY HEIDI 20060215 20060216 INSTY- PRINTS $158.25 CAREY HEIDI 20060209 20060210 GJP"FAST COMPANY $11.97 COLEMAN MELINDA 20060215 20060216 LBP*REALESTATECOMMGRP $85.00 COLEMAN MELINDA 20060202 20060206 BLOOMINGTON SECURITY SOLO $111.29 CROSSON LINDA 20060207 20060208 G & K SERVICES 006 $1,040.13 CROSSON LINDA 20060209 20060210 HILLYARD INC MINNEAPOLIS $42.25 CROSSON LINDA 20060213 20060214 HILLYARD INC MINNEAPOLIS $1,061.81 CROSSON LINDA 20060214 20060216 BLOOMINGTON SECURITY SOLO $83.39 CROSSON LINDA 20060204 20060206 KOHL'S #0052 $20.00 DOLLERSCHELL RO 20060213 20060214 UNITED RENTALSIHTG #229 $43.45 EDGE DOUG 20060213 20060214 MENARDS 3059 $29.49 EDGE DOUG 20060213 20060215 HUB HOBBY CENTER 3 $47.69 EDGE DOUG 20060203 20060206 SETON NAME PLATE COMPANY $67.15 FARR LARRY 20060203 20060206 THE HOME DEPOT 2801 $70.27 FARR LARRY 20060203 20060206 THE HOME DEPOT 2801 $42.54 FARR LARRY 20060203 20060206 OVERHEAD DOOR OF NORTH $276.45 FARR LARRY 20060207 20060208 G & K SERVICES 006 $176.24 FARR LARRY 20060209 20060210 UNITED ELECTRIC #7649 $25.07 FARR LARRY 20060211 20060213 TARGET 00011858 $11.19 FARR LARRY 20060214 20060216 MINVALCO INC $265.97 FARR LARRY 20060214 20060216 VIKING ELEC- CRED101 OF 01 $933.86 FARR LARRY 20060214 20060216 DEPARTMENT OF LABOR AND 1 $10.00 FARR LARRY 20060215 20060217 SPRINT STORE #NO354 $33.54 FARR LARRY Transactions 02 -04 -06 to 02- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Short Name 20060216 20060217 ADAMS PEST CONTROL $607.05 FARR LARRY 20060208 20060210 NWA AIR 0122128831766 $352.23 FAUST DANIEL F 20060209 20060210 VERIZON WRLS 12KW $75.82 FAUST DANIEL F 20060207 20060209 CUB FOODS, INC. $28.37 FINN GREG 20060207 20060209 CUB FOODS, INC. $18.91 FINN GREG 20060207 20060209 CUB FOODS, INC. $9.46 FINN GREG 20060215 20060216 TARGET 00011858 $28.05 FINN GREG 20060210 20060213 DEEP ROCK WATER $106.34 FISHER DAVID 20060210 20060213 DEEP ROCK WATER $13.42 FISHER DAVID 20060202 20060206 GOLDCOM INC $232.19 FOWLDS MYCHAL 20060202 20060206 NETWORK SOLUTIONS $149.90 FOWLDS MYCHAL 20060208 20060209 MSTECHSUPPOR*MICROSOFT $245.00 FOWLDS MYCHAL 20060214 20060215 PAYPAL INC $59.95 FOWLDS MYCHAL 20060203 20060206 OFFICE MAX 00002204 $27.66 FRANZEN NICK 20060205 20060206 DR *WWW.SHAREIT.INFO $49.00 FRANZEN NICK 20060208 20060209 HP DIRECT- PUBLICSECTOR $3,596.09 FRANZEN NICK 20060209 20060210 INSIGHT PUBLIC SECTOR $475.85 FRANZEN NICK 20060213 20060215 CIRCUIT CITY SS #3137 $127.78 FRANZEN NICK 20060213 20060215 WWW.CIRCUITCITY.COM $372.70 FRANZEN NICK 20060203 20060206 S & T OFFICE PRODUCTS $90.24 FRY PATRICIA 20060203 20060206 S & T OFFICE PRODUCTS $37.04 FRY PATRICIA 20060203 20060206 S & T OFFICE PRODUCTS $9.46 FRY PATRICIA 20060206 20060207 S & T OFFICE PRODUCTS ($7.28) FRY PATRICIA 20060208 20060209 S & T OFFICE PRODUCTS $5.35 FRY PATRICIA 20060210 20060213 S & T OFFICE PRODUCTS $52.81 FRY PATRICIA 20060212 20060214 SPRINT PCS- 996 -SP IVR $679.02 FURSMAN RICHARD 20060210 20060213 PRAIRIE RESTORATIONS $225.99 GAYNOR VIRGINIA 20060208 20060209 NORTHERN TOOL EQUIPMNT $23.29 GERMAIN DAVID 20060214 20060216 TRUCK UTILITES INC $72.00 GERMAIN DAVID 20060216 20060217 THE METAL DOCTOR INC $5.33 GERMAIN DAVID 20060210 20060213 ARVEY PAPER & OFFICE PRO $276.68 GLASS JEAN 20060215 20060216 S & T OFFICE PRODUCTS $71.71 GLASS JEAN 20060202 20060206 METRO ATHLETIC SUPPLY INC $322.35 GRAF MIKE 20060207 20060208 PETSMART 00004614 $21.28 GRAF MIKE 20060207 20060209 HENRIKSEN ACE HARDWARE $4.44 GRAF MIKE 20060210 20060213 CAPITAL 2 -WAY COMMUNICATI $138.76 GRAF MIKE 20060204 20060206 KMART 00071068 $25.10 GREW HAYMAN JAN 20060213 20060215 PRAIRIE MOON NURSERY, INC $24.49 GREW HAYMAN JAN 20060210 20060213 PROPERTYKEY.COM, INC. $50.00 GUILFOILE KAREN 20060212 20060213 VERIZON WRLS OT 12KW $49.28 GUILFOILE KAREN 20060208 20060209 OXYGEN SERVICE CO $268.74 HAAG MARK 20060209 20060210 MIDWEST STEEL SUPPLY CO $18.20 HAAG MARK 20060207 20060208 DS "DRUGSTORE.COM $125.58 HANSON LORI 20060216 20060217 BATTERIES PLUS $103.31 HANSON LORI 20060215 20060216 MEDCO SUPPLY $126.60 HORWATH RON 20060216 20060217 RHODE ISLAND NOVELTY $135.28 HORWATH RON 20060207 20060208 G & K SERVICES 006 $55.10 HUTCHINSON ANN 20060210 20060213 ADAMS PEST CONTROL $69.23 HUTCHINSON ANN 20060211 20060213 SPRINT 'WIRELESS SVCS $34.53 HUTCHINSON ANN 20060213 20060214 KNOWLANS #2 $6.32 HUTCHINSON ANN 20060207 20060208 NORTHERN TOOL EQUIPMNT $49.90 JONES DON 20060208 20060210 THE HOME DEPOT 2801 $10.25 JONES DON 20060215 20060217 ACME AUTO PARTS $37.45 KALKA TOM 20060209 20060213 UNIFORMS UNLIMITED INC $39.95 KARTS FLINT Transactions 02 -04 -06 to 02- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Short Name 20060214 20060215 RON'S VIRTUE PRINTI $546.05 KNUTSON LOIS 20060215 20060216 MECA $75.00 KNUTSON LOIS 20060207 20060209 2ND WIND EXERCISE EQUIP $121.50 KOEHNEN MARY B 20060213 20060214 TARGET 00011858 $61.70 KOEHNEN MARY B 20060214 20060215 METHODIST HOSPITAL- CASHIE $50.00 KOEHNEN MARY B 20060203 20060206 KOHL'S 0577 $124.64 KVAM DAVID 20060213 20060214 SPRINTPCS AUTOPYMT RC1 $74.45 LABEREE ERIN M 20060203 20060206 UNITED AIR 0161295369216 $432.70 LE SHERYL L 20060204 20060206 EXPEDIA *SERVICE FEES $5.00 LE SHERYL L 20060204 20060206 OFFICE MAX 00005272 $13.82 LIDBERG MICHAEL 20060203 20060206 THE HOME DEPOT 2801 $54.12 LINDORFF DENNIS 20060203 20060206 MENARDS 3022 $58.56 LINDORFF DENNIS 20060206 20060207 MENARDS 3022 $10.62 LINDORFF DENNIS 20060208 20060209 DEY DISTRIBUTING, INC. $37.22 LINDORFF DENNIS 20060215 20060217 DAVIS LOCK & SAFE $3.41 LINDORFF DENNIS 20060202 20060206 RAINBOW FOODS 00088617 $63.40 LUKIN STEVE 20060203 20060206 EMERGENCY APPARATUS MAINT $1,068.93 LUKIN STEVE 20060204 20060206 WMS *WASTE MGMT WMEZPAY $1,090.79 LUKIN STEVE 20060206 20060207 ANCOM COMMUNICATIONS INC ($74.02) LUKIN STEVE 20060206 20060207 NORMS TIRE SALES, $850.90 LUKIN STEVE 20060207 20060208 EMERGENCY APPARATUS MAINT $149.90 LUKIN STEVE 20060210 20060213 MILLS FLEET FARM #27 $44.69 LUKIN STEVE 20060211 20060213 SPRINT *WIRELESS SVCS $1,016.95 LUKIN STEVE 20060213 20060215 7 CORNERS ACE HARDWARE $112.19 LUKIN STEVE 20060215 20060216 VERIZON WRLS 12KW $36.72 LUKIN STEVE 20060215 20060216 EMERGENCY APPARATUS MAINT $1,244.22 LUKIN STEVE 20060203 20060206 HENRIKSEN ACE HARDWARE $67.22 MARUSKA MARK 20060207 20060208 G & K SERVICES 006 $227.28 MARUSKA MARK 20060207 20060208 NORTHERN TOOL EQUIP -MN $1,597.49 MARUSKA MARK 20060214 20060216 ON SITE SANITATION INC $146.50 MARUSKA MARK 20060215 20060216 VERIZON WRLS 12KW $36.44 MARUSKA MARK 20060213 20060215 OFFICE MAX 00002204 $13.41 METRY ALEISA 20060215 20060216 VERIZON WRLS 12KW $62.27 NADEAU ED 20060209 20060210 S & T OFFICE PRODUCTS $80.11 NELSON JEAN 20060207 20060208 G & K SERVICES 006 $298.62 NIVEN AMY 20060207 20060208 G & K SERVICES 006 $170.40 NIVEN AMY 20060207 20060208 G & K SERVICES 006 $69.64 NIVEN AMY 20060214 20060215 S & T OFFICE PRODUCTS $87.66 NIVEN AMY 20060203 20060206 THE HOME DEPOT 2801 $26.14 NORDQUIST RICHA 20060213 20060215 THE HOME DEPOT 2801 $35.86 NORDQUIST RICHA 20060216 20060217 ABLE HOSE & RUBBER, INC $232.26 NORDQUIST RICHA 20060213 20060215 THE HOME DEPOT 2801 $7.42 OSWALD ERICK 20060203 20060206 NATIONAL ACADEMY OF EMD $45.00 PACOLT MARSHA 20060209 20060213 HENRIKSEN ACE HARDWARE $10.63 PETERSON ROBERT 20060211 20060213 HENRIKSEN ACE HARDWARE (57.44) PETERSON ROBERT 20060211 20060213 THE HOME DEPOT 2801 ($20.20) PETERSON ROBERT 20060211 20060213 HENRIKSEN ACE HARDWARE $7.44 PETERSON ROBERT 20060211 20060213 THE HOME DEPOT 2801 $20.20 PETERSON ROBERT 20060213 20060215 HENRIKSEN ACE HARDWARE ($10.63) PETERSON ROBERT 20060202 20060206 HENRIKSEN ACE HARDWARE $52.19 POWELL PHILIP F 20060203 20060206 ABACUS PLUS SERVICES INC $649.65 POWELL PHILIP F 20060207 20060208 ABACUS PLUS SERVICES INC $339.74 POWELL PHILIP F 20060208 20060209 ABACUS PLUS SERVICES INC $142.34 POWELL PHILIP F 20060208 20060209 ABACUS PLUS SERVICES INC $268.86 POWELL PHILIP F Transactions 02 -04 -06 to 02- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Short Name 20060209 20060213 DR *PINNACLE ESTORE $72.36 POWELL PHILIP F 20060214 20060215 BATTERIES PLUS $34.25 POWELL PHILIP F 20060215 20060216 AMZ *AMAZON PAYMENTS $70.85 POWELL PHILIP F 20060208 20060210 EXCELLCOM $21.29 PRECHTEL ROBERT 20060214 20060215 BOUND TREE MEDICAL LLC $32525 PRECHTEL ROBERT 20060214 20060215 BROWN TRAFFIC PRODUCTS $153.36 PRIEBE WILLIAM 20060202 20060206 WHITE BEAR DODGE INC $8.26 PRIEM STEVEN 20060203 20060206 O'REILLY #1569 ($131.56) PRIEM STEVEN 20060203 20060206 O'REILLY #1569 $156.54 PRIEM STEVEN 20060203 20060206 O'REILLY #1569 $105.02 PRIEM STEVEN 20060203 20060206 KATH AUTO PARTS NSP $88.00 PRIEM STEVEN 20060203 20060206 KATH AUTO PARTS NSP $15.87 PRIEM STEVEN 20060206 20060207 H & L MESABI COMPANY $144.48 PRIEM STEVEN 20060206 20060207 KATH AUTO PARTS NSP $109.48 PRIEM STEVEN 20060206 20060208 TOUSLEY FORD 127200021 $150.85 PRIEM STEVEN 20060206 20060208 TOUSLEY FORD 127200039 $164.93 PRIEM STEVEN 20060206 20060208 TOUSLEY FORD 127200039 $190.87 PRIEM STEVEN 20060206 20060208 BOYER FORD TRUCKS INC $433.84 PRIEM STEVEN 20060207 20060208 KATH AUTO PARTS NSP ($21.30) PRIEM STEVEN 20060207 20060208 KATH AUTO PARTS NSP $41.85 PRIEM STEVEN 20060207 20060208 HOTSY EQUIPMENT OF MINNES $306.29 PRIEM STEVEN 20060209 20060210 KATH AUTO PARTS NSP $81.33 PRIEM STEVEN 20060209 20060210 KATH AUTO PARTS $53.25 PRIEM STEVEN 20060209 20060213 HENRIKSEN ACE HARDWARE $55.26 PRIEM STEVEN 20060209 20060213 MERIT CHEVROLET C00 OF 00 $36.82 PRIEM STEVEN 20060210 20060213 KATH AUTO PARTS NSP $5.96 PRIEM STEVEN 20060214 20060215 NORTHERN TOOL EQUIPMNT $83.05 PRIEM STEVEN 20060214 20060216 HENRIKSEN ACE HARDWARE $19.28 PRIEM STEVEN 20060214 20060217 AMERICAN FASTENER & SUPPL $53.67 PRIEM STEVEN 20060215 20060216 KATH AUTO PARTS $451.56 PRIEM STEVEN 20060215 20060217 CATCO PARTS & SERV #1 $1,279.79 PRIEM STEVEN 20060215 20060217 BOYER FORD TRUCKS INC $181.52 PRIEM STEVEN 20060216 20060217 KATH AUTO PARTS NSP $14.26 PRIEM STEVEN 20060216 20060217 KATH AUTO PARTS $1,388.65 PRIEM STEVEN 20060216 20060217 HUNT ELECTRIC CORPORATION $673.79 PRIEM STEVEN 20060208 20060210 CUB FOODS, INC. $20.88 RABBETT KEVIN 20060209 20060210 AAA PRICE COM INC $1,019.80 RABBETT KEVIN 20060209 20060214 MN OCCUPATIONAL HEALTH $408.00 RAMEAUX TERRIE 20060210 20060213 PIONEER PRESS ADVERTISIN $544.50 RAMEAUX TERRIE 20060210 20060213 NOVACARE REHB /HEALT $90.00 RAMEAUX TERRIE 20060213 20060215 THE STAR TRIBUNE- ADVERTIS $829.00 RAMEAUX TERRIE 20060202 20060206 HILLYARD INC MINNEAPOLIS $160.96 REILLY MICHAEL 20060206 20060207 HILLYARD INC MINNEAPOLIS $482.46 REILLY MICHAEL 20060213 20060215 DALCO ENTERPRISES, INC $833.67 REILLY MICHAEL 20060216 20060217 HILLYARD INC MINNEAPOLIS $1,040.38 REILLY MICHAEL 20060207 20060208 MN TWOLVES LYNX $100.00 ROBBINS AUDRA 20060207 20060209 MICHAELS #2744 $60.53 ROBBINS AUDRA 20060207 20060209 CUB FOODS, INC. $13.49 ROBBINS AUDRA 20060208 20060209 TARGET 00011858 $20.21 ROBBINS AUDRA 20060208 20060210 TOYS R US #6046 $202.16 ROBBINS AUDRA 20060209 20060213 AMERICAN RED CROS01 OF 01 $132.95 ROBBINS AUDRA 20060210 20060213 MAPLEWOOD PARKS AND RECRE $4.50 ROBBINS AUDRA 20060214 20060215 WALGREEN 00029363 $12.51 ROBBINS AUDRA 20060203 20060206 A & K EQUIPMENT COMPANY $156.84 RUNNING ROBERT Transactions 02 -04 -06 to 02- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Short Name 20060207 20060208 METRO FIRE $34.06 RUNNING ROBERT 20060208 20060209 FASTENAL CO MO TO $61.21 RUNNING ROBERT 20060208 20060210 ABLE HOSE & RUBBER, INC $118.26 RUNNING ROBERT 20060208 20060210 THE HOME DEPOT 2801 $77.64 RUNNING ROBERT 20060215 20060217 HIRSHFIELD'S MAPLEWOOD $20.76 SCHINDELDECKER 20060215 20060217 HIRSHFIELD'S MAPLEWOOD $7.23 SCHINDELDECKER 20060216 20060217 MENARDS 3022 $13.55 SCHINDELDECKER 20060203 20060206 S & T OFFICE PRODUCTS ($48.99) SCHMIDT DEB 20060210 20060213 CURTIS 1000 $178.23 SCHMIDT DEB 20060210 20060213 STAPLES SCC #467 $53.91 SCHMIDT DEB 20060215 20060217 MINUTEMAN PRESS $127.64 SCHMIDT DEB 20060216 20060217 STAPLES SCC #467 $95.78 SCHMIDT DEB 20060208 20060209 DISPLAYS 2 GO $100.44 SCHMIDT RUSSELL 20060208 20060210 CLOVER SUPER FOODS $140.71 SCHMIDT RUSSELL 20060209 20060210 ULINE *SHIP SUPPLIES $67.78 SCHMIDT RUSSELL 20060210 20060213 RADIO SHACK 00161455 $5.31 SCHMIDT RUSSELL 20060214 20060216 ARAMARK REF SVS #6013- $54.27 SCHMIDT RUSSELL 20060206 20060208 HENRIKSEN ACE HARDWARE $10.56 SCHULTZ SCOTT 20060208 20060210 MPD MPH CMI $86.43 SHORTREED MICHA 20060207 20060209 APA MEMBERSHIPS AND SUBS $309.00 SINDT ANDREA 20060211 20060213 T- MOBILE $23.84 SINDT ANDREA 20060211 20060213 SPRINT "WIRELESS SVCS $479.31 SINDT ANDREA 20060215 20060216 S & T OFFICE PRODUCTS $71.26 SINDT ANDREA 20060216 20060217 S & T OFFICE PRODUCTS $53.88 SINDT ANDREA 20060216 20060217 S & T OFFICE PRODUCTS $7.52 SINDT ANDREA 20060208 20060210 OFFICE MAX 00002204 $37.87 STAPLES PAULINE 20060203 20060206 SUBWAY #400 $7.44 STEFFEN SCOTT 20060213 20060214 SUBWAY #400 $6.38 STEFFEN SCOTT 20060215 20060217 MCDONALD'S F4918 $7.12 STEFFEN SCOTT 20060209 20060213 METRO SALES INC $898.00 SVENDSEN JOANNE 20060215 20060217 DE LAGE LANDEN OP01 OF 01 $626.43 SVENDSEN JOANNE 20060203 20060206 VIKING ELEC- CRED101 OF 01 $97.07 SVENDSEN RUSTIN 20060208 20060209 INTERSTATE ALL BATTERY $34.43 SVENDSEN RUSTIN 20060208 20060209 INTERSTATE ALL BATTERY $483.85 SVENDSEN RUSTIN 20060208 20060209 JONES & BARLETT PUBLIS $2,485.43 SVENDSEN RUSTIN 20060208 20060210 JEFFERSON FIRE & SAFETY 1 $167.50 SVENDSEN RUSTIN 20060210 20060213 OFFICE MAX 00002204 $31.90 SVENDSEN RUSTIN 20060213 20060214 INTERSTATE ALL BATTERY ($4.43) SVENDSEN RUSTIN 20060202 20060206 DALCO ENTERPRISES, INC $1,658.12 SWANSON LYLE 20060206 20060208 STATE SUPPLY CO. INC $40.05 SWANSON LYLE 20060206 20060208 HENRIKSEN ACE HARDWARE $231.00 SWANSON LYLE 20060208 20060210 HIRSHFIELD'S MAPLEWOOD $18.30 SWANSON LYLE 20060208 20060210 FOREST PRODUCTS SUPPLY $151.23 SWANSON LYLE 20060210 20060213 DAVIS LOCK & SAFE $41.11 SWANSON LYLE 20060210 20060213 HIRSHFIELD'S MAPLEWOOD $24.44 SWANSON LYLE 20060211 20060213 MUSKA LIGHTING CENTER $261.80 SWANSON LYLE 20060216 20060217 TWIN CITY FILTER SERV. $72.55 SWANSON LYLE 20060206 20060207 OWESTCOMM*TN612 $70.29 TETZLAFF JUDY 20060206 20060207 OWESTCOMM"TN612 $99.68 TETZLAFF JUDY 20060206 20060207 OWESTCOMM"TN612 $70.29 TETZLAFF JUDY 20060206 20060207 OWESTCOMM"TN612 $99.68 TETZLAFF JUDY 20060206 20060207 OWESTCOMM*TN612 $99.68 TETZLAFF JUDY 20060206 20060207 OWESTCOMM"TN612 $99.68 TETZLAFF JUDY 20060206 20060207 OWESTCOMM"TN612 $372.92 TETZLAFF JUDY Transactions 02 -04 -06 to 02- 17 -06. Trans Date Posting Date Merchant Name Trans Amount Short Name 20060206 20060207 QWESTCOMM"TN612 $140.58 TETZLAFF JUDY 20060206 20060207 QWESTCOMM"TN612 $70.29 TETZLAFF JUDY 20060206 20060207 QWESTCOMM"TN612 $395.83 TETZLAFF JUDY 20060216 20060217 QWESTCOMM*TN651 $362.82 TETZLAFF JUDY 20060206 20060207 NORTHERN TOOL EQUIPMNT $91.55 TEVLIN TODD 20060214 20060216 GRUBER'S POWER EQUIPME $24.57 TEVLIN TODD 20060213 20060215 CENTURY BOOKSTORE $19.00 WEGWERTH JUDY 20060202 20060206 PANERA BREAD #3459 $203.06 ZWIEG SUSAN 20060207 20060209 CUB FOODS, INC. $5025 ZWIEG SUSAN 20060209 20060213 TARGET 00006197 $12.76 ZWIEG SUSAN 20060215 20060217 MINUTEMAN PRESS $80.61 ZWIEG SUSAN ' • i 1 iff vchlist 0310312006 11:04:34 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69382 2/27/2006 01035 MN CHAPTER IAAI CONFERENCE REGISTRATION 440.00 69383 2/27/2006 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM - JAN 150,696.00 69384 2/27/2006 03617 MN BLDG TRADES FEDERAL CU PAY OFF LOAN OF CONFISCATED 1,696.18 69385 3/1/2006 03618 FRANCO, MARY PROJ 03 -19 INSTALL FLOORING 225.00 69386 3/7/2006 01048 3M 4090 WHITE DG CUBED 2,710.19 TPM5 ECF TRANSFER TAPE 212.23 1172C RED ELECTRONIC 1,945.18 3290 WHITE SCOTCHLITE REFL 662.17 PA1 -B BLUE APP 9.05 69387 3/7/2006 00014 AT&T MANAGED INTERNET SERVICE - 1,013.60 MANAGED INTERNET SERVICE - 1,013.60 69388 3/7/2006 03375 ASHBY, MARK LOT RENTAL - MAR 1,000.00 69389 3/7/2006 00174 BELDE, STAN K -9 MAINTENANCE - MAR 35.00 69390 3/7/2006 00173 BELDEN, TIM TUNE PIANO 60.00 69391 3/7/2006 00178 BERGGREN, CORDON NAME SIGNS 40.00 69392 3/7/2006 01922 BREHEIM, ROGER CELL PHONE REIMB - MAR 15.00 69393 3/7/2006 02929 CNAGLAC LONG TERM CARE INSURANCE 907.04 69394 3/7/2006 00340 CRAMER BUILDING SERVICES HVAC & BAS PREY MAINT - 4TH 2,132.50 69395 3/7/2006 00384 DE LAGE LANDEN FINANCIAL SRVS RICOH COPIER LEASE - MAR 161.88 69396 3/7/2006 03619 DRAIN KING INC PROJ 05 -16 TELEVISING SEWERS 11,244.75 69397 3/7/2006 01372 DYNAMEX DELIVERS NOW DELIVERY CHARGE 13.67 69398 3/7/2006 00463 EMERGENCY APPARATUS MAINT REPAIR AMBULANCE 2,094.48 69399 3/7/2006 00464 EMERGENCY AUTOMOTIVE TECH, INC BUILD RESERVE SQUAD 2,948.29 69400 3/7/2006 01401 FIRST STUDENT INC BUS TO TARGET CENTER - MCC 230.00 BUS TO GRAND SLAM - MCC 243.20 69401 3/7/2006 01890 FRY, PATRICIA REIMB FOR MILEAGE 2/21 - 2/24 5.27 69402 3/7/2006 00590 GRAF, MICHAEL KARATE INSTRUCTOR 2/7 - 2/28 175.50 69403 3/7/2006 00652 HEINZ, STEVE REIMB FOR MEAL - 2/27 6.73 69404 3/7/2006 00668 HIEBERT, STEVEN REIMB FOR MEAL 2/16 6.90 K -9 MAINTENANCE - MAR 35.00 69405 3/7/2006 00718 INDEPENDENT SCHOOL DIST #622 BLDG SUPV & GYM RENTAL 199.25 GYM RENTAL 25.50 BLDG SUPV & GYM RENTAL 450.76 69406 3/7/2006 00393 LABOR & INDUSTRY, DEPT OF MONTHLY SURTAX - FEB 5,522.12 69407 3/7/2006 00856 LE, SHERRIE L REIMB FOR TAXI 1/20 16.00 69408 3/7/2006 00857 LEAGUE OF MINNESOTA CITIES CONFERENCE 190.00 69409 3/7/2006 03620 LILLY RAY MUSIC INC CONCERT 750.00 69410 3/7/2006 02197 MASTERPIECE HOMES INC REF PAC FEE - 337 & 339 SUMMER 2,430.00 69411 3/7/2006 00945 MASYS CORP STRATUS SERVER - FEB 738.68 STRATUS SERVER - MAR 738.68 69412 3/7/2006 01819 MCLEOD USA PHONE SERVICE 1/16 - 2/15 2,084.73 69413 3/7/2006 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 9,174.54 69414 3/7/2006 00985 METROPOLITAN COUNCIL WASTEWATER - MAR 199,212.84 69415 3/7/2006 03583 METROPOLITAN MECH CONTRACTORS REPLACE STEAM COIL IN AHU2 2,000.00 69416 3/7/2006 01085 MN LIFE INSURANCE MONTHLY PREMIUM 4,212.10 69417 3/7/2006 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK - JAN 392.00 69418 3/7/2006 03621 MOTION INDUSTRIES REPAIR RELIEF VALVE 300.21 69419 3/7/2006 01202 NYSTROM PUBLISHING CO INC CITY NEWS - FEB 2,281.00 69420 3/7/2006 00001 ONE TIME VENDOR REF ST PAUL MONASTERY -ST 170.00 69421 3/7/2006 01225 OSWALD HOSE & ADAPTERS COUPLING ATTACHMENT 14.00 69422 3/7/2006 01345 RAMSEY COUNTY HAZARDOUS WASTE LICENSE FEE 251.54 69423 3/7/2006 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 1,718.37 69424 3/7/2006 02001 ROSEVILLE, CITY OF JOINT POWERS AGREEMENT - 625.00 69425 3/7/2006 01504 ST PAUL, CITY OF RECORD MGMT SOFTWARE FEE - 3,798.00 RECORD MGMT SOFTWARE - FEB 3,798.00 69426 3/7/2006 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 4,150.80 11 vchlist 0310312006 11:04:34 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account 69427 3/712006 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -08 CTY RD D IMPRV PROJ 04 -15 GLADSTONE NO PYMT 69428 317!2006 03420 ULTIMATE MARTIAL ARTS INC KIDSMART INSTRUCTOR 2/12 69429 317/2006 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -0 -1 MARCH MONTHLY LTD PREMIUM 69430 3!712006 02464 US BANK PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES 69431 31712006 03465 VAN KAMPEN, NANCY E TODDLER PROGRAM 69432 317!2006 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 69433 317/2006 02410 WELLS FARGO LEASING INC LEASE COPIER 219 - 319 69434 3/7/2006 01771 WHITE BEAR LAKE, CITY OF RAMSEY COUNTY GIS USER 69435 3/7/2006 01190 XCEL ENERGY GAS CHARGES 1/24 - 2/22 69436 3/7/2006 01798 YOCUM OIL CO. PERF GOLD RED DYED DIESEL 55 Checks in this report Total checks Amount 48,496.55 20,973.05 84.00 1,728.17 2,981.26 431.25 431.25 431.25 402.50 215.63 1,120.00 672.12 1,467.57 3,519.16 11,980.44 15,991.50 538,148.23 12 CITY OFMAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 02/23/06 02/24/06 yWN State Treasurer Drivers License/Deputy Registrar 45.088.83 02/24100 02/24/06 |CK4A(/entogepointe) Deferred Compensation 7.216.61 02/24/06 02/27/06 yWN State Treasurer Drivers License/Deputy Registrar 21.730.75 02/24108 02/27/06 U.S. Treasurer Federal Payroll Tax 87.510.97 02/24/06 02/27/06 P.E.R.A. P.E.R.A. 61.916.39 02/24100 02/27/06 MN Dept ofNatural Resources DNR electronic licenses 948.50 02/27/06 02/28/06 yWN State Treasurer Drivers License/Deputy Registrar 51.055.00 02/24108 02/28/06 MN State Treasurer State Payroll Tax 18.377.65 02/24/06 02/28/06 yWidAmerios- |NG HRA Flex plan 3.076.79 02/24/00 02/28/06 Labor Unions Union Dues 3.513.56 02/24/06 02/28/06 Orchard Trust Deferred Compensation 25.875.82 02/28108 03/01/06 MN State Treasurer Drivers License/Deputy Registrar 42.806.68 02/28V06 03/01/06 US Bank Credit Card fees 1.122.84 03/01100 03/02/06 MN State Treasurer DrivennLicense/Oeputy Registrar 23.161.81 02/27/06 03/02/06 ARC Administration DCRP & Flex plan payments 2.814.89 02/28108 03/02/06 Discover Credit Card fees 140.87 TOTAL 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 1111 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/24/06 HJELLE, ERIK 397.80 dd 02/24/06 JUENEMANN, KATHLEEN 397.80 dd 02/24/06 ROSSBACH, WILLIAM 397.80 dd 02/24/06 COLEMAN, MELINDA 4,218.88 dd 02/24/06 DARST, ROBERTA 1,863.89 dd 02/24/06 FURSMAN, RICHARD 5,205.58 dd 02/24/06 FARR, LARRY 1,821.04 dd 02/24/06 SWANSON, LYLE 1,711.57 dd 02/24/06 LE, JENNIFER 92.25 dd 02/24/06 LE, SHERYL 4,121.65 dd 02/24/06 RAMEAUX, THERESE 2,448.11 dd 02/24/06 FAUST, DANIEL 4,292.22 dd 02/24/06 SCHMIDT, DEBORAH 1,570.96 dd 02/24/06 ANDERSON, CAROLE 1,106.36 dd 02/24/06 BAUMAN, GAYLE 3,537.44 dd 02,x`24/06 JACKSON, MARY 1,873.35 dd 02/24/06 KELSEY, CONNIE 2,022.96 dd 02,x`24/06 TETZLAFF, JUDY 1,873.35 dd 02/24/06 FRY, PATRICIA 1,738.95 dd 02/24/06 GUILFOILE, KAREN 2,969.70 dd 02/24/06 MORSON, JOHN 542.64 dd 02,x`24/06 SPANGLER, EDNA 793.77 dd 02,x`24/06 JAGOE, CAROL 1,679.66 dd 02/24/06 JOHNSON, BONNIE 1,006.42 dd 02/24/06 MECHELKE, SHERRIE 1,036.88 dd 02/24/06 MOY, PAMELA 819.13 dd 02,x'24/06 OLSON, SANDRA 1,690.87 dd 02/24/06 OSTER, ANDREA 1,764.46 dd 02/24/06 WEAVER, KRISTINE 1,839.75 dd 02/24/06 BANICK, JOHN 4,011.90 dd 02/24/06 CORCORAN, THERESA 1,732.65 dd 02/24/06 POWELL, PHILIP 2,336.04 dd 02/24/06 RICHIE, CAROLE 1,837.23 dd 02/24/06 THOMALLA, DAVID 4,429.00 dd 02/24/06 ABEL, CLINT 2,400.11 dd 02/24/06 ALDRIDGE, MARK 2,569.57 dd 02/24/06 ANDREWS, SCOTT 3,169.72 dd 02/24/06 BAKKE, LONN 2,630.79 dd 02/24/06 BELDE, STANLEY 2,835.67 dd 02/24/06 BIERDEMAN, BRIAN 3,067.23 1111 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD im CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02,x`24/06 BOHL, JOHN 3,074.40 dd 02/24/06 BUSACK, DANIEL 2,458.97 dd 02/24/06 COFFEY, KEVIN 2,845.81 dd 02/24/06 CROTTY, KERRY 3,442.12 dd 02/24/06 DOBLAR, RICHARD 2,831.57 dd 02/24/06 DUNN, ALICE 2,670.82 dd 02/24/06 GABRIEL, ANTHONY 1,988.74 dd 02/24/06 HEINZ, STEPHEN 2,642.33 dd 02/24/06 HIEBERT, STEVEN 2,760.82 dd 02,x`24/06 JOHNSON, KEVIN 3,395.50 dd 02/24/06 KALKA, THOMAS 1,033.64 dd 02/24/06 KARIS, FLINT 2,940.35 dd 02/24/06 KONG, TOMMY 2,620.84 dd 02,x"24/06 KROLL, BRETT 2,466.33 dd 02/24/06 KVAM, DAVID 3,523.42 dd 02/24/06 LANGNER, TODD 1,660.93 dd 02/24/06 LU, JOHNNIE 2,433.22 dd 02/24/06 MARINO, JASON 2,400.11 dd 02/24/06 MARTIN, JERROLD 2,514.38 dd 02/24/06 MCCARTY, GLEN 2,331.55 dd 02/24/06 METRY, ALESIA 2,331.55 dd 02/24/06 NYE, MICHAEL 1,951.59 dd 02,x`24/06 OLSON, JULIE 2,532.55 dd 02/24/06 RABBETT, KEVIN 3,587.70 dd 02/24/06 RHUDE, MATTHEW 1,758.43 dd 02/24/06 STEFFEN, SCOTT 3,642.60 dd 02/24/06 STEINER, JOSEPH 1,645.93 dd 02/24/06 SYPNIEWSKI, WILLIAM 1,645.93 dd 02/24/06 SZCZEPANSKI, THOMAS 3,051.04 dd 02/24/06 IRAN, JOSEPH 2,331.55 dd 02/24/06 WENZEL, JAY 2,444.26 dd 02/24/06 XIONG, KAO 2,444.26 dd 02/24/06 BARTZ, PAUL 2,748.61 dd 02/24/06 BERGERON, JOSEPH 3,254.39 dd 02/24/06 DUGAS, MICHAEL 2,772.07 dd 02/24/06 ERICKSON, VIRGINIA 2,665.80 dd 02/24/06 FLOR, TIMOTHY 3,076.54 dd 02/24/06 FRASER, JOHN 2,828.69 dd 02/24/06 LANGNER, SCOTT 2,217.28 dd 02/24/06 PALMA, STEVEN 2,920.59 im CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/24/06 THEISEN, PAUL 2,217.28 dd 02/24/06 THIEVES, PAUL 2,628.65 dd 02/24/06 CARLSON, BRIAN 2,032.21 dd 02/24/06 DAWSON, RICHARD 2,988.25 dd 02/24/06 DUELLMAN, KIRK 2,166.89 dd 02,x`24/06 EVERSON, PAUL 2,003.05 dd 02/24/06 HALWEG, JODI 1,864.53 dd 02/24/06 JOHNSON, DOUGLAS 2,272.98 dd 02/24/06 MYERS, TODD 366.15 dd 02/24/06 NOVAK, JEROME 2,349.96 dd 02,x`24/06 PARSONS, KURT 2,003.05 dd 02/24/06 PETERSON, ROBERT 2,397.80 dd 02/24/06 PRECHTEL, ROBERT 2,186.41 dd 02/24/06 SVENDSEN, RONALD 3,287.15 dd 02/24/06 GERVAIS -JR, CLARENCE 2,868.34 dd 02/24/06 BAUER, MICHELLE 1,669.35 dd 02/24/06 FLAUGHER, JAYME 2,143.80 dd 02/24/06 HERMANSON, CHAD 1,662.17 dd 02/24/06 HUBIN, KENNARD 2,084.51 dd 02/24/06 KNAPP, BRETT 1,800.92 dd 02/24/06 LINN, BRYAN 2,325.23 dd 02/24/06 PACOLT, MARSHA 2,529.68 dd 02/24/06 RABINE, JANET 2,127.89 dd 02/24/06 STAHNKE, JULIE 1,929.35 dd 02/24/06 LUKIN, STEVEN 4,016.18 dd 02/24/06 SVENDSEN, RUSTIN 3,219.37 dd 02,x"24/06 ZWIEG, SUSAN 1,912.77 dd 02/24/06 DOLLERSCHELL, ROBERT 293.39 dd 02,x"24/06 AHL, R. CHARLES 4,500.69 dd 02/24/06 BREHEIM, ROGER 1,897.97 dd 02/24/06 GROHS, JUDITH 1,820.28 dd 02,x`24/06 KONEWKO, DUWAYNE 3,059.51 dd 02/24/06 NIVEN, AMY 1,234.02 dd 02/24/06 PRIEFER, WILLIAM 2,601.26 dd 02/24/06 BRINK, TROY 1,888.31 dd 02/24/06 BRUNELL, DAVID 1,591.64 dd 02/24/06 DEBILZAN, THOMAS 2,019.59 dd 02,x`24/06 EDGE, DOUGLAS 1,898.35 dd 02/24/06 JONES, DONALD 2,020.59 dd 02/24/06 MEYER, GERALD 1,969.79 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD it CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/24/06 NAGEL, BRYAN 2,368.18 dd 02/24/06 OSWALD, ERICK 2,200.91 dd 02,x`24/06 RUNNING, ROBERT 1,799.75 dd 02/24/06 TEVLIN, TODD 1,895.31 dd 02/24/06 DUCHARME, JOHN 2,414.86 dd 02/24/06 ENGSTROM, ANDREW 1,694.15 dd 02,x`24/06 ISAKSON, CHAD 57.75 dd 02,x`24/06 JACOBSON, SCOTT 1,910.45 dd 02/24/06 JAROSCH, JONATHAN 2,030.15 dd 02,x`24/06 KNUTSON, LOIS 1,340.00 dd 02/24/06 KUMMER, STEVEN 2,596.02 dd 02/24/06 LABEREE, ERIN 2,882.35 dd 02/24/06 LINDBLOM, RANDAL 2,814.20 dd 02/24/06 PECK, DENNIS 2,421.79 dd 02/24/06 PRIEBE, WILLIAM 3,570.79 dd 02/24/06 THOMPSON, MICHAEL 2,129.35 dd 02/24/06 ANDERSON, BRUCE 4,184.27 dd 02/24/06 CAREY, HEIDI 2,138.16 dd 02/24/06 HALL, KATHLEEN 1,820.28 dd 02/24/06 MARUSKA, MARK 2,754.63 dd 02,x'24/06 NAUGHTON, JOHN 1,770.15 dd 02/24/06 SCHINDELDECKER, JAMES 1,895.66 dd 02/24/06 BIESANZ, OAKLEY 1,482.69 dd 02/24/06 HAYMAN, JANET 1,228.97 dd 02,x`24/06 HUTCHINSON, ANN 2,330.27 dd 02/24/06 NELSON, JEAN 1,029.40 dd 02/24/06 GAYNOR, VIRGINIA 2,098.32 dd 02/24/06 EKSTRAND, THOMAS 3,134.50 dd 02/24/06 KROLL, LISA 1,254.21 dd 02/24/06 LIVINGSTON, JOYCE 1,007.81 dd 02/24/06 SINDT, ANDREA 1,695.75 dd 02/24/06 THOMPSON, DEBRA 670.94 dd 02,x`24/06 YOUNG, TAMELA 1,567.75 dd 02/24/06 CHRISTIANSEN, KEVIN 480.00 dd 02/24/06 FINWALL, SHANN 2,274.41 dd 02/24/06 ROBERTS, KENNETH 2,737.47 dd 02/24/06 CARVER, NICHOLAS 2,853.51 dd 02/24/06 FISHER, DAVID 3,374.28 dd 02/24/06 RICE, MICHAEL 2,012.55 dd 02,x"24/06 SWAN, DAVID 2,110.95 it CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02/24/06 SWETT, PAUL 1,544.55 dd 02/24/06 WORK, ALICIA 413.82 dd 02`24/06 EVANS, BRIAN 98.00 dd 02/24/06 FINN, GREGORY 2,280.01 dd 02/24/06 FRANK, PETER 220.00 dd 02/24/06 GALLANT, CHARLENE 261.38 dd 02/24/06 GOODRICH, CHAD 246.50 dd 02/24/06 KELLY, LISA 1,333.11 dd 02/24/06 MCBRIDE, PATRICK 80.00 dd 02/24/06 NIEMAN, JAMES 114.75 dd 02/24/06 NIEMCZYK, BRIAN 160.00 dd 02/24/06 NIEMCZYK, EMILY 68.00 dd 02/24/06 OHLHAUSER, MEGHAN 472.51 dd 02/24/06 ROBBINS, AUDRA 2,179.48 dd 02/24/06 SCHERPING, CLARE 32.25 dd 02/24/06 SCHERPING, ROGER 42.00 dd 02/24/06 SHERRILL, CAITLIN 493.25 dd 02/24/06 STAPLES, PAULINE 3,028.20 dd 02/24/06 TAUBMAN, DOUGLAS 2,854.34 dd 02/24 /06 UNDERHILL, KRISTEN 280.00 dd 02/24/06 GERMAIN, DAVID 1,902.59 dd 02/24/06 NORDQUIST, RICHARD 1,962.62 dd 02/24/06 SCHULTZ, SCOTT 2,101.24 dd 02/24/06 ANZALDI, MANDY 1,589.40 dd 02/24/06 COLEMAN, PHILIP 395.00 dd 02/24/06 COLLINS, ASHLEY 124.00 dd 02/24/06 CRAWFORD - JR, RAYMOND 242.00 dd 02`24/06 CROSSON, LINDA 2,688.71 dd 02/24/06 DREWES, DEENA 88.80 dd 02`24/06 EVANS, CHRISTINE 786.50 dd 02/24/06 GRAF, MICHAEL 2,001.16 dd 02/24/06 HOFMEISTER, MARY 798.89 dd 02/24/06 PELOQUIN, PENNYE 549.19 dd 02/24/06 SCHMIDT, RUSSELL 2,094.61 dd 02/24/06 SCHULZE, BRIAN 746.84 dd 02/24/06 ANDREA, JOHANNA 27.00 dd 02`24/06 BRENEMAN, NEIL 379.76 dd 02`24/06 BRUSOE, CRISTINA 126.50 dd 02`24/06 BUCKLEY, BRITTANY 108.25 dd 02`24/06 CANTLON, COLLEEN 23.25 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD ius CHECK # CHECK DATE EMPLOYEE NAME AMOUNT dd 02,x`24/06 DUNK, RYAN 761.38 dd 02/24/06 ERICKSON- CLARK, CAROL 95.00 dd 02/24/06 EVANS, KRISTIN 126.00 dd 02/24/06 FONTAINE, KIM 817.26 dd 02/24/06 GREDVIG, ANDERS 452.46 dd 02/24/06 HASSENSTAB, DENISE 65.20 dd 02/24/06 HORWATH, RONALD 2,159.70 dd 02/24/06 KOEI NEN, AMY 125.25 dd 02/24/06 KOEHNEN, MARY 1,340.45 dd 02/24 /06 KRONHOLM, KATHRYN 477.78 dd 02/24/06 MATHEWS, LEAH 98.00 dd 02/24/06 OVERBY, ANNA 120.00 dd 02/24/06 PROESCH, ANDY 401.74 dd 02/24/06 SCHAEFER, ANDREA 16.88 dd 02,x`24/06 SIVALD, SHANNON 86.50 dd 02/24/06 SMITH, ANN 285.50 dd 02/24/06 TRUE, CAROLINE 19.80 dd 02/24/06 TUPY, HEIDE 148.40 dd 02,x`24/06 TUPY, MARCUS 283.50 dd 02/24/06 WERNER, REBECCA 147.60 dd 02/24/06 WHITE, NICOLE 893.02 dd 02/24/06 WOLFGRAM, MARY 74.75 dd 02/24/06 GROPPOLI, LINDA 314.40 dd 02/24/06 ANDERSON, MATT 81.46 dd 02/24/06 BEHAN, JAMES 1,769.23 dd 02/24/06 LONETTI, JAMES 1,199.08 dd 02/24/06 PATTERSON, ALBERT 1,11 6.60 dd 02/24/06 PRINS, KELLY 1,122.74 dd 02/24/06 REILLY, MICHAEL 1,674.15 dd 02/24/06 SCHOENECKER, LEIGH 199.50 dd 02/24/06 AICHELE, CRAIG 1,940.55 dd 02/24/06 PRIEM, STEVEN 2,129.35 dd 02/24/06 WOEHRLE, MATTHEW 1,602.95 dd 02/24/06 BERGO, CHAD 2,355.82 dd 02/24/06 FOWLDS, MYCHAL 2,561.82 dd 02/24/06 FRANZEN, NICHOLAS 1,983.00 Wf 104173 02/24/06 BARTOL, DAVID 397.80 Wf 104174 02/24/06 LONGRIE, DIANA 452.00 Wf 104175 02/24/06 JAHN, DAVID 2,425.34 Wf 104175 02/24/06 JAHN, DAVID 1,698.50 ius CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD NE CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 104176 02/24/06 MORIN, TROY 157.25 Wf 104177 02/24/06 THOMAS, MOLLY 450.00 Wf 104178 02/24/06 MATHEYS, ALANA 2,059.18 Wf 104179 02/24/06 HANSEN, LORI 1,813.36 Wf 104180 02/24/06 PALANK, MARY 1,895.20 Wf 104181 02/24/06 SVENDSEN, JOANNE 1,855.39 Wf 104182 02/24/06 SHORTREED, MICHAEL 3,268.81 Wf 104183 02/24/06 WELCHLIN, CABOT 2,537.23 Wf 104184 02/24/06 BAUMAN, ANDREW 600.00 Wf 104185 02/24/06 FREBERG, RONALD 1,943.28 Wf 104186 02/24/06 EDSON, DAVID 2,039.08 Wf 104187 02/24/06 HELEY, ROLAND 1,932.28 Wf 104188 02/24 /06 HINNENKAMP, GARY 1,991.75 Wf 104189 02/24/06 LINDORFF, DENNIS 1,897.98 Wf 104190 02/24/06 NOVAK, MICHAEL 1,857.35 Wf 104191 02/24/06 BERGREN, KIRSTEN 28.13 Wf 104192 02/24/06 GERNES, CAROLE 666.25 Wf 104193 02/24/06 SOUTTER, CHRISTINE 308.75 Wf 104194 02/24/06 WELLENS, MOLLY 1,134.24 Wf 104195 02/24/06 ABRAHAMSON, TYLER 32.50 Wf 104196 02/24/06 BERGER, STEPHANIE 365.50 Wf 104197 02/24/06 BROZAK, ANNA 33.00 Wf 104198 02/24/06 BROZAK, KATHERINE 227.50 Wf 104199 02/24/06 CHOINIERE. CHARLES 55.00 Wf 104200 02/24/06 CICCHESE, JOHNATHAN 42.00 Wf 104201 02/24/06 DAHL, SAMUEL 31.50 Wf 104202 02/24/06 DANIELS, DANIELLE 31.50 Wf 104203 02/24/06 DEVANEY, KRISTI 13.00 Wf 104204 02/24/06 GAVIN, BENJAMIN 21.00 Wf 104205 02/24/06 GOODRICH, DANIELLE 232.00 Wf 104206 02/24/06 GREEN, DANIEL 13.50 Wf 104207 02/24/06 GREENER, DOUGLAS 90.00 Wf 104208 02/24/06 HANNIGAN, BRADY 22.00 Wf 104209 02/24/06 HANSEN, KATHERINE 31.50 Wf 104210 02/24/06 HELKAMP, KAYLA 125.00 Wf 104211 02/24/06 HOLDER, MOLLY 66.00 Wf 104212 02/24/06 JOHNSON, ALEXANDER 67.50 Wf 104213 02/24/06 JUETTNER, MICHAEL 65.00 Wf 104214 02/24/06 KLEIN, AARON 126.00 Wf 104215 02/24/06 KLEM, JOSH 60.00 NE CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 21 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wf 104216 02/24/06 KOHLMAN, JENNIFER 132.00 Wf 104217 02/24/06 LANCETTE, JOSHUA 32.25 Wf 104218 02/24/06 MILTON, ZACHARY 42.00 Wf 104219 02/24/06 MORRISETTE, WILLIAM 39.00 Wf 104220 02/24/06 MORRISETTE, ZACHARY 31.50 Wf 104221 02/24/06 MUELLNER, CHRISTOPHER 161.25 Wf 104222 02/24/06 NICHOLSON, COLIN 52.00 Wf 104223 02/24/06 O'SHEA, CASSANDRA 22.50 Wf 104224 02/24/06 ROBBINS, EMERALD 216.00 Wf 104225 02/24/06 ROELLER, MICHAEL 21.00 Wf 104226 02/24/06 ROERING, KATELYN 19.50 Wf 104227 02/24/06 SHOBERG. KARI 169.13 Wf 104228 02/24/06 SIKORA, JACOB 7.00 Wf 104229 02/24/06 SIKORA, PAUL 33.00 Wf 104230 02/24/06 TARR -JR, GUS 33.00 Wf 104231 02/24/06 WILSON, DANIELLE 52.50 Wf 104232 02/24/06 YORKOVICH, BENJAMIN 60.00 Wf 104233 02/24/06 ZIELINSKI, JESSICA 15.50 Wf 104234 02/24/06 HAAG, MARK 1,949.09 Wf 104235 02/24/06 NADEAU, EDWARD 3,061.98 Wf 104236 02/24/06 GLASS, JEAN 1,868.83 Wf 104237 02/24/06 HER, CHONG 353.35 Wf 104238 02/24/06 HER, PHENG 79.60 Wf 104239 02/24/06 NAGEL, BROOKE 340.73 Wf 104240 02/24/06 SIMPSON, JOSEPH 178.00 Wf 104241 02/24/06 TOLBERT, FRANCINE 213.88 Wf 104242 02/24/06 VELASQUEZ, ANGELA 288.00 Wf 104243 02/24/06 ANDERSON, CALEB 33.25 Wf 104244 02/24/06 ANDERSON, JOSHUA 68.50 Wf 104245 02/24/06 ANDERSON, JUSTIN 47.95 Wf 104246 02/24/06 ARNEVIK, ERICA 17.50 Wf 104247 02/24/06 BRENEMAN, SEAN 28.80 Wf 104248 02/24/06 CLARK, PAMELA 71.40 Wf 104249 02/24/06 COSTA, JOSEPH 559.00 Wf 104250 02/24/06 DEMPSEY, BETH 139.80 Wf 104251 02/24/06 FENGER, JUSTIN 83.95 Wf 104252 02/24/06 GRANT, MELISSA 299.33 Wf 104253 02/24/06 GRUENHAGEN, LINDA 601.75 Wf 104254 02/24/06 HAGSTROM, EMILY 147.40 Wf 104255 02/24/06 IRISH, PETER 111.00 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 22 CHECK # CHECK DATE EMPLOYEE NAME AMOUNT Wvf 104256 02/24/06 KROLL, MARK 173.25 Wvf 104257 02/24/06 LUTZ, CHRISTINA 53.75 Wvf 104258 02/24/06 MELLEN, CHRISTOPHER 64.13 Wvf 104259 02/24/06 NWANOKWALE, MORDY 78.00 Wvf 104260 02/24/06 PEHOSKL JOEL 86.40 Wvf 104261 02/24/06 PETERSON, ANNA 64.60 Wvf 104262 02/24/06 RICHTER, NANCY 221.00 Wvf 104263 02/24/06 ROSTRON, ROBERT 134.00 Wvf 104264 02/24/06 RYDEEN, ARIEL 239.98 Wvf 104265 02/24/06 SCHMIDT, EMILY 112.58 Wvf 104266 02/24/06 SCHMIDT, JOHN 33.00 Wvf 104267 02/24/06 SCHOENECKER, SAMANTHA 40.80 Wvf 104268 02/24/06 SCHRAMM, BRITTANY 82.80 Wvf 104269 02/24/06 SCHREINER, MICHELLE 100.10 Wvf 104270 02/24/06 SMITLEY, SHARON 383.20 Wvf 104271 02/24/06 STAHNKE, AMY 219.78 Wvf 104272 02/24/06 WARNER, CAROLYN 263.45 Wvf 104273 02/24/06 WEDES, CARYL 140.10 Wvf 104274 02/24/06 WENZEL, SHANNON 92.50 Wvf 104275 02/24/06 WOODMAN, ALICE 204.00 Wvf 104276 02/24/06 ZALK, IDA 88.75 Wvf 104277 02/24/06 BOSLEY, CAROL 321.30 Wvf 104278 02/24/06 KLINKHAMER, KATIE 21.88 Wvf 104279 02/24/06 LEWIS, AMY 147.00 Wvf 104280 02/24/06 ODDEN, JESSICA 110.25 Wvf 104281 02/24/06 OIE, REBECCA 146.86 Wvf 104282 02/24/06 PARAYNO, GUAI 264.46 Wvf 104283 02/24/06 SATTLER, CASSANDRA 27.68 Wvf 104284 02/24/06 SATTLER, MELINDA 52.80 Wvf 104285 02`24/06 STODGHILL, AMANDA 77.63 Wvf 104286 02/24/06 VAN HALE, PAULA 166.00 Wvf 104287 02`24/06 ZAGER, LINNEA 76.88 Wvf 104288 02`24/06 BALDWIN, JANA 123.95 Wvf 104289 02`24/06 BERLIN, SARAH 113.05 Wvf 104290 02`24/06 DOUGLASS, TOM 1,228.57 Wvf 104291 02`24/06 EVERSON. KYLE 76.20 Wvf 104292 02`24/06 OLSON, CHRISTINE 56.53 Wvf 104293 02`24/06 SCHULZE, KEVIN 79.38 Wvf 104294 02`24/06 VANG, HUE 113.05 Wvf 104295 02`24/06 VANG, KAY 90.35 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME Wf 104296 02/24/06 VANG, TIM Wf 104297 02/24/06 VUE, LOR PAO AMOUNT 88.80 232.75 476,943.80 23 Agenda Item H2 TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Medical Mutual Aid Agreement Between the City of Maplewood, the City of North St. Paul Fire and Lakeview Emergency Medical Services DATE: March 2, 2006 INTRODUCTION The Maplewood Fire Department is a member of the Capitol City Mutual Aid Association. This Association was developed to provide mutual aid of either fire or EMS to other communities who desire to be members. The city of North St. Paul Fire used to provide its own EMS to the citizens of their community. Years ago, they decided to abandon the delivery of EMS by their own personnel and to contract with Lakeview Emergency Medical Services as their ambulance provider. Lakeview Ambulance and the city of North St. Paul approached us asking if we would be interested in providing backup EMS services to the city of North St. Paul. In the past two years, we have provided EMS assistance to North St. Paul less than six times and felt this would provide very little strain on our current EMS system. This agreement also provides Maplewood an opportunity for additional backup. The contract contains a provision stating that the city of Maplewood will not respond to calls in the city of North St. Paul if adequate EMS personnel are not available to respond to the calls in the city of Maplewood. Because Lakeview Ambulance is a private company, it was decided it would be in the best interest of all parties to have a contract for providing EMS services specifically with them and the city of North St. Paul. Currently, the city of Maplewood can also ask for assistance from any of our surrounding neighbors who provide EMS services under the mutual aid agreement. This contract was developed by Lakeview Ambulance and the Maplewood City Attorney to assure that all parties' needs were addressed. Protocols have been put into place and will be reviewed and changes made as deemed necessary. If for any reason we are unable to provide medical services to North St. Paul, their backup is Oakdale Fire. RECOMMENDATION I recommend that the city council adopt the Mutual Medical Services Mutual Aid Agreement between the city of Maplewood, the city of North St. Paul and Lakeview Emergency Medical Services. rya EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Pagel of 8 EMERGENCY MEDICAL SERVICES MUTUAL AID AGREEMENT AMONG THE CITY OF MAPLEWOOD, THE CITY OF NORTH SAINT PAUL, AND LAKEVIEW EMERGENCY MEDICAL SERVICES This Agreement is made and entered into by and among the City of Maplewood, the City of North Saint Paul, and Lakeview Emergency Medical Services (the "Parties "). WHEREAS, each of the Parties hold licenses issued by the State of Minnesota to provide of Emergency Medical Services (EMS), and provide these services in full compliance with the provisions of Minnesota Statutes, Chapter 144E, and Minnesota Rules, Chapter 4690; WHEREAS, the City of Maplewood is assigned responsibility for the territorial area of the City of Maplewood, Minnesota as its Primary Service Area (PSA), and provides the services through its Fire and Police Departments; WHEREAS, the City of North Saint Paul is assigned responsibility for the territorial area of the City of North Saint Paul, Minnesota as its PSA, and provides those services through contract with Lakeview Emergency Medical Services; WHEREAS, Minn. Stat. § 144E.101 requires that each licensed party have at least one Mutual Aid Agreement with a neighboring licensed ambulance service; WHEREAS, the Parties desire to make available to each other their respective EMS resources to ensure complete coverage in the event any one party does not have sufficient resources to respond to emergencies within its PSA; NOW THEREFORE, it is hereby agreed by and among the Parties that they shall provide mutual aid to each other in response to emergencies occurring in their service areas, in accordance with the following: 1. Definitions. When used in this Agreement, the following terms shall have the definitions given to them below, unless the context clearly indicates otherwise: 1.01 "Requesting Department" means the party EMS provider with primary responsibility for the service area in which an emergency occurs. 1.02 "Responding Department" means the party which provides EMS personnel or equipment in response to a request made by another Party. 1.03 `Emergency" means any request for EMS received by any Party. 2. Duties and responsibilities. 2.01. Each Party will exercise reasonable judgment in determining whether it has sufficient resources to adequately respond to each emergency. EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 2 of 8 2.03 The QIC of any Party receiving a request for assistance must exercise reasonable judgment in determining whether it has sufficient resources to provide mutual aid to a Requesting Department without jeopardizing its own ability to respond to emergencies. 2.04 If, in the judgment of its OIC, a Party has sufficient resources to provide the requested assistance, it shall do so without delay, in accordance with the procedures in Paragraph 3. 2.05 The Responding Department may recall its personnel and resources from the emergency if, in the judgment of the Responding Department's OIC, recall is in the Responding Department's best interests. 2.06 No Party is obligated to provide assistance when it is incapable, or if doing so would leave the Party with insufficient resources to respond to an emergency in its own PSA. Each Party shall make its best efforts to notify other Parties of known service shortages as they are determined. 3. Procedures 3.01 If, in the judgment of a Party's officer in charge (OIC), that Party's resources are insufficient to handle an emergency, that QIC shall call upon the OIC of the other Party providing EMS coverage for assistance, specifying the location of the emergency and the assistance sought. 3.02 The responding QIC, once a determination of availability is made, shall either dispatch the requested resources, or immediately inform the Requesting Department that the Responding Department is not able to render the requested aid. . 3.03 The QIC of the Requesting Department maintains command and control over the emergency response. The personnel and equipment provided by the Responding Department remain under the command and control of the Requesting Department until released by the Requesting Department, recalled or withdrawn by the Responding Department, or command is relinquished. 3.04 At the discretion of the Requesting Department OIC, command of the emergency may be relinquished to an officer of the Responding Department if that officer has a higher level of EMS certification and /or training than the Requesting Department's on -scene personnel. 3.05 All personnel responding to an emergency shall comply with their own Department's Medical Direction and /or Standard Operating Guidelines. Any conflicts of standards or procedures shall be resolved at the scene by the officer exercising command over the emergency response. 3.06 Each Party shall charge persons treated and transported in a mutual aid call the same rate it would charge within its own PSA. No Party shall charge another Party for assistance rendered pursuant to this Agreement. 4. Liability and Indemnification 4.01 Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self - insurance coverage, covering its own personnel EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 3 of 8 while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 4.02 Each Party agrees to hold the other Parties harmless, and agrees to defend and indemnify the other Parties for any claims related to its responsibilities under this agreement. Under no circumstances, however, shall any Party be required to pay on behalf of itself and another party any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466 for any one party. The liability limits applicable to some or all of the Parties may not be added together to determine the maximum liability amount for any one Party. 4.03 Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or volunteers. 4.04 No party to this agreement or any officer of any party shall be liable to any other Party or to any other person for failure to any Party to furnish assistance to any other Party, or for recalling assistance, both as described in this agreement. 5. Term and Termination 5.01 This Agreement becomes effective when signed by all parties, 5.02 Each Party shall maintain a copy of this Agreement in its files during the time in which the Agreement is effective. 5.03 The Agreement may be terminated by any party upon written notice to the other two parties delivered at least sixty (60) days before the desired termination date. 6. Entire Agreement; Amendment 6.01 This Agreement, consisting of five (5) printed pages, constitutes the entire Agreement among the parties, and supersedes any previous or contemporaneous Agreement for reciprocal EMS or mutual aid between any of the parties to this Agreement, whether oral or written. 6.02 That each party agrees to abide strictly by Chapter 13 of the Minnesota Statutes (Minnesota Government Data Practices Act) as well as any other applicable federal, state and local laws or ordinances. 6.03 Neither party has the authority to assign or transfer any rights or obligations under this Agreement. 6.04 This Agreement, amendments, supplements, attachments and exhibits thereto, and their interpretations shall be governed and construed by the laws of the State of Minnesota. EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 4 of 8 6.05 Either party may request changes that would increase, decrease, or otherwise modify the parties' obligations under this Agreement. Such changes and methods must be authorized in writing in advance by the both parties. 6.06 Any alterations, amendments, deletions or waivers of the provisions of this Agreement shall be valid only when reduced to writing and duly executed by the parties. EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 5 of 8 Execution Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated. EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 6 of 8 CITY OF MAPLEWOOD By: Date: Its: By: Date: Steve Lukin, Fire Chief By: Date: David Thomalla, Chief of Police EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 7 of 8 CITY OF NORTH SAINT PAUL Its: Date: LAKEVIEW EMERGENCY MEDICAL SERVICES Its: Date: EMS Mutual Aid Agreement Between the City of Maplewood and the City of North Saint Paul Page 8 of 8 Agenda Item H3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D East Improvements (TH 61 to Southlawn) — City Project 02 -07 — Approve Amendment to Extend Temporary License Agreement with Xcel Energy DATE: March 6, 2006 INTRODUCTION An extension to a license agreement with Xcel Energy is required for the construction of County Road D. Approval of this agreement is recommended. Background On August 9, 2005, the City entered into a Temporary License Agreement with Xcel Energy for the construction of the County Road D Extension project. The Temporary License Agreement provided for the City's purchase of the subject parcel under certain terms, but allowed the City to enter onto the property to construct the improvements. Negotiations on the final terms of the purchase agreement continue with legal staff from both entities, which require the extension of the Temporary License Agreement. Approval is recommended. RECOMMENDATION It is recommended that the City Council approve the Amendment to Extend the Temporary License Agreement with Xcel Energy for the County Road D East Improvements, City Project 02 -07, and authorize the Mayor and City Manager to execute the Amendment to Extend the Temporary License Agreement. Attachments: 1. Letter from City Attorney 2. Amendment to Extend Temporary License Agreement 3. Temporary License Agreement K & Fawcett, P.A. A T T O R N E Y S AT LAW OF C'OUAWEL: Ak-Gt `IGAN & HOLLY, PLC ■ David Ramberg dramberg(( lkellyaildfaweett.com February 21, 2006 Mr. Chuck Ahl Director of Public Work -s City of Maplewood 1902 E. County Road B Maplewood, lVIN 55109 RE: Xcel Energy /City of Maplewood Purchase Agreement Dear Mr. Ahl: Enclosed herein please find a copy of correspondence from Jeni Thulien Smith dated February 6, 2006. Please also find Northern States Power Company's Amendment to Extend Temporary License Agreement in the above referenced matter. Please execute said agreement and return to Xcel Energy at your earliest convenience. I have also enclosed a copy of the Temporary License Agreement for your records. If you have any questions please do not hesitate to contact me. Respectfully Yours KELLY & FAWCETT, P.A. David Ramberg DE�n� Enclosures 444 CEDAR STREET, SUITE 2350 • SAINT PAUL, MINNESO'T'A 55101 TELEPHONE 651- 224 -3781 • FACSIMILE 651- 223 -8019 www.kellyandfaweett.com 'C,? Xcel Energy February 6, 2006 Dave Ramberg Kelly & Fawcett PA 444 Cedar St. St. Paul, MN 55101 -2179 Agenda Item H3 Jennifer C.Thulien Smith Senior Attorney 800 Nicollet Mall, Suite 2900 Minneapolis, Minnesota 55402 Phone: 612.215.4586 Fax: 612.215.4544 Re: Xcel Energy /Gty of Maplewood Purchase Agreement ("Purchase Agreement ") Our File No. RE -3935 Dear Mr. Ramberg: Enclosed please find Northern States Power Company's Amendment to Extend Temporary License Agreement in the above referenced matter. Please have your client execute and return the original to me. Please do not hesitate to contact me if you have any questions. Thank you. JTS /JAG Enclosures cc: Gina Bulloch =f . 0 2006 lr J je.,1*31a WIN This AMENDMENT TO EXTEND TEMPORARY LICENSE AGREEMENT ("Amendment ") is made effective this 31' day of January, 2006 by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d/b /a Xcel Energy, with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ("Licensor ") and CITY OF MAPLEWOOD, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, with an address of 1 830 County Road B East, Maplewood, MN 55109 ( "Licensee ") (collectively, the "Parties "). . WHEREAS, Licensor is the fee owner of certain real property described as TRACT A, REGISTERED LAND SURVEY NO, 262, FILES OF THE REGISTRAR OF TITLES, RAMSEY COUNTY, MINNESOTA (the "Property"); and WHEREAS, on August 9, 2005, the Parties entered into a Temporary License Agreement granting Licensee limited access to a portion of the Property more particularly described in Exhibit A and setting forth certain other rights and duties among the Parties, one to another; WHEREAS, the License Agreement set forth the intent of Licensor to sell, and Licensee to purchase the Licensed Premises in accordance with the terms of a purchase agreement ("Purchase Agreement" not yet entered into by the Parties; WHEREAS, the License Agreement further provided that the Purchase Agreement would contain a closing date not later than sixty (60) days after the date of the License; WHEREAS, the License Agreement was subsequently extended by amendment dated October 7, 2005; and WHEREAS, it is the Parties desire to further extend the closing date, and continue to otherwise operate under the terms of the License Agreement, as previously amended, until the date of closing; NOW, THEREFORE, in consideration of the foregoing recitals and the agreement by Licensee to use the Licensed Premises as set forth in the Temporary License Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows: The term of the Temporary License Agreement is hereby extended by amending the Expiration Date to February 28, 2006. The Parties shall enter into a Purchase Agreement as provided for under the License, and close on the purchase of the Licensed Premise on or before the Expiration Date. This Amendment serves to amend the Temporary License Agreement dated August 9, 2005. Except as amended herein, said Agreement remains in full force and effect and together with this amendment represents the entire understanding between Licensor and Licensee; and all prior agreements, either oral or written, are hereby declared null and void. Any further amendment to the Temporary License Agreement shall only be effective upon reduction to writing, with said writing to be executed by both Licensor and Licensee. If any provision of this Amendment shall be held to be invalid in any court of competent jurisdiction, the invalidity of such provision shall not affect any other provisions. This Amendment may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument IN WITNESS WBEREOF, this instrument shall be effective the day and year first above written. LM STATE OF COLORADO )ss CITY AND COL NTY OF DENVER , Corporate Real Estate The foregoing instrument was acknowledged before me this 31 day of January 2006, by Gina L. Bulloch, the Director Corporate Real Estate for Northern States Power Company, a Minnesota corporation. Notary Public Co rn rt� t'&b 16,7 r C S' N*- •, STATE OF MINNESOTA } )ss COUNTY OF RAMEY ) THE CITY OF MAPLEWOOD By: Its: Mayor By: Its: City Manager The foregoing instrument was acknowledged before me this day of , 2006, by Diana Longrie, the Mayor of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public STATE OF MINNESOTA ) )ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , 2006, by Richard Fursman, the City Manager of the CITY OF MAPLEWOOD, a Minnesota municipal corporation, on behalf of the City. Notary Public THIS INSTRUMENT WAS DRAFTED BY: KELLY & FAWCETT, P.A. 2350 U.S. Bancorp Piper Jaflray Plaza 444 Cedar Street St. Paul, MN 55101 That portion of TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota, described as follows: A strip of land 100.00 feet wide, the centerline of said strip being described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly along a non - tangential curve for 908.99 feet, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly along a tangential curve for 495.09 feet, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said centerline there terminating. The sidelines of said strip are to be prolonged or shortened to terminate along the easterly and southerly lines of Tract A of Registered Land Survey No. 262. Together with all that part of the above - described Tract A which lies northerly and northwesterly of the above - described strip of land and which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 40.00 feet northerly and northwesterly from the northerly and northwesterly line of the above - described strip of land. The sidelines of said part of Tract A are to be prolonged or shortened to terminate on the easterly, westerly and southerly lines of said Tract A. (NOTE: As to that part of the said Tract A which is described in this paragraph, the Purchase Agreement shall provide for the acquisition by Licensee of only a temporary construction easement for construction purposes over said parcel, not fee title thereto.) Together with all that part of the above - described Tract A which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 50.00 feet southerly and southeasterly from the following described line and its extensions: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly for 908.99 feet along a non - tangential curve, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly for 495.09 feet along a tangential curve, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said line there terminating. 4 TEMPORARY LICENSE AGREEMENT (Kohlman Lake Substation, Ramsey County, Minnesota) This TEMPORARY LICENSE AGREEMENT ( "License") is made this , day of August, 2005 by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, d /b /a Xcel Energy, with an address of 414 Nicollet Mall, Mezzanine, Minneapolis, Minnesota 55401 ("Licensor") and CITY OF MAPLEWOOD, Minnesota, a municipal corporation organized under the laws of the State of Minnesota, with an address of 1830 County Road B East, Maplewood, MN 55109 ( "Licensee"). RECITALS A. The Licensor is the fee owner of certain real property described as TRACT A, REGISTERED LAND SURVEY NO. 262, FILES OF THE REGISTRAR OF TITLES, RAMSEY COUNTY, MINNESOTA (the "Property "), and desires to protect and preserve the Licensor's utility facilities located thereon and Licensor's current and future use of said Property. B. Licensee desires access to and use of a portion of the surface of the Property, which portion of the Property is more particularly described in Exhibit A attached hereto and made a part hereof (the "Licensed Premises "), and to have ingress and egress to the Licensed Premises through existing roads, said Licensed Premises to be used by Licensee for the sole purpose, and for no other purpose, of the reconstruction /realignment of County Road D, City Project 02 -07 (the "Project " ), such Project and Licensed Premises being further described and /or shown on said Exhibit A, and Licensee desires to obtain Licensor's permission therefor. C. Licensee hereby acknowledges that (i) it intends to proceed with the purchase of the Licensed Premises in accordance with the terms of a purchase agreement (the "Purchase Agreement") to be entered into by Licensor, as seller, and Licensee, as purchaser, which Purchase Agreement shall provide, among other things, for a purchase price of $285,000.00 and a closing date not later than sixty (60) days after the date of this License; and (ii) the sole purpose of this License is to allow Licensee to begin its use of the Licensed Premises prior to the closing of its purchase thereof in accordance with the terms of the Purchase Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the agreement by Licensee to use the Licensed Premises for the purpose of the Project, as stated above, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Right of Entry The Licensor hereby grants to the Licensee and its affiliates, with respect to such title and interest as the Licensor may have in the Property, and upon the terms and conditions hereinafter stated, on a revocable, non - exclusive basis, the permission and right to access and use the Licensed Premises for the Project. Such right of access and use is granted only for the term of this License as set forth below, and only for the purposes set forth above. If the Licensed Premises shall deviate, in any manner, from Exhibit A, or the purposes as herein stated shall be changed, the Licensee shall notify Licensor and obtain its approval in advance for any such changes. 2. Term The term of this License shall be for a period commencing on the date hereof and ending on the date which is sixty (50) days thereafter (the "Expiration Date "), unless sooner terminated as herein provided. Licensee shall be entitled to enter the Licensed Premises on the effective date hereof. Licensee hereby acknowledges that it is the specific intent of the parties that the term of this License shall expire on the Expiration Date in the event that the Closing does not occur on or before the Expiration Date, and in such event the provisions of Paragraph 20 hereof shall become applicable. This License may be terminated early as follows: a. Either party may terminate this License for any reason or no reason whatsoever by giving thirty (30) days prior written notice. b. Licensor may terminate this License for Licensee's material breach of any of the terms and conditions of this License, as provided herein, such breach constituting a default by Licensee under the License; and c. In the event Licensee becomes insolvent, or is declared bankrupt, the Licensor may declare this License ended, and all rights of the Licensee hereunder shall terminate. In the event that Licensee acquires title to the Licensed Premises by means of condemnation or a conveyance of title from Licensor in lieu thereof, this License shall automatically terminate on the date of said acquisition of title by Licensee. 3. License Fee As complete and full payment for the rights herein granted and for the term herein granted to Licensee, Licensee agrees to pay Licensor a total license fee ("License Fee ") of $ -None- , the equivalent of which is $ -None - per month, prorated for partial months, and payable in advance, and without demand, on the first day of each month of Licensee's occupancy of the Licensed Premises. License Fee payments shall be made to Northern States Power Company, c/o Xcel Energy, 494 Nicollet Mail, Mezzanine, Minneapolis, Minnesota 55409, Attention: Corporate Real Estate, or at such other address given to Licensee in a notice provided as set forth herein. Should termination, as provided herein, occur before the end of the term for which the License Fee was paid in advance, and Licensee is not in default of any of the agreements contained herein, such License Fee shall be prorated, accordingly, with that portion representing the unused term to be refunded to Licensee. 4. Licensed Interest Only This License does not convey an interest in real property. 5. Licensor's Reserved Rights Licensor reserves the right, at any time and from time to time, to make such use of the Licensed Premises and Property as it may desire, at its sole discretion and for any purpose, including, but not limited to, the construction, operation or maintenance of its electric power generation, transmission or distribution and appurtenant facilities, by way of example, but not limited to, entry /exit gates, roads and railroad transportation, located or to be located on the Licensed Premises and Property. In the exercise by Licensor of the foregoing rights, Licensor will use its best efforts not to unreasonably interfere with the Project. However, Licensor shall not in any event be liable for inconvenience, 2 annoyance, disturbance or other damage to Licensee, or the Project, by reason of the exercise of the foregoing rights or any other rights of Licensor to enter into or use the Licensed Premises, and the obligations of Licensee under this License shall not be affected in any manner. 6. Removal and Relocation The Licensee shall remove at its own expense, the Project from the Licensed Premises or any part thereof, or relocate the same to a different location on the Property as requested by the Licensor, if the Project should interfere, in the Licensor's sole and absolute discretion, with the operation and maintenance of the Licensor's facilities as now or hereafter constructed. In the event that the Licensee's use of the Licensed Premises should, in the reasonable judgment of the Licensor, constitute a hazard to the Licensor's facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Project and Licensed Premises to eliminate such interference or hazard, and may suspend the Licensee's right to use the Licensed Premises under this License until such removal, relocation, or modification is completed. 7. Non - exclusive License This License is issued subject to any prior licenses, easements, leases or other such rights granted by the Licensor for improvements of other parties. The Licensor reserves the right to license others to install improvements in, on, under, or along the Property provided that same shall not interfere unreasonably with the Project herein authorized. 8. Blasting The Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on the Property without first having received prior written permission from the Licensor. Any blasting shall be done in the presence of a representative of the Licensor and in accordance with directions such representative may give for the protection or safety of the facilities located on the Property. 9. Construction Approval and Notification The Licensee agrees that it shall not begin any construction on the Licensed Premises for the Project until the Licensee first provides the Licensor with plans and specifications, and until such plans and specifications have been approved by the Licensor, which approval will not be unreasonably withheld. The Licensee shall contact Gopher State One Call (651 -454 -0002) at least two working days prior to the commencement of construction on the Licensed Premises to arrange for field locating of utility facilities. Further, if the Licensor has constructed electric transmission facilities on the Property, the Licensee shall contact the Licensor's Electric Transmission Lines department at 612 - 330 -5890 at least four working days prior to the commencement of construction on the Licensed Premises, and unless waived by said department, no construction shall be performed unless a representative of the Licensor is present at the time and place of construction. The instructions of such representative relating to the safety of the Licensor's facilities will be followed by the Licensee, its agents and employees. Any damage to facilities on the Licensed Premises or Property as a result of the above construction shall be paid for or repaired at the expense of the Licensee. These provisions shall also apply to any other work involving construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of the Project on the Property. 10. Licensor's Natural {gas Advisory The Licensee agrees and understands that if the Licensor has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. The Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Licensed Premises and the Property, pursuant to the provisions of this License, of the existence and nature of such natural gas facilities and the danger and risk involved. 11. Licensor's Cathodic Protection SVstem The Licensee has been fully advised by the Licensor that the natural gas facilities of the Licensor, if located on the Property, may be subject to cathodic protection by rectifier and related anode beds. The Licensor shall not be liable for stray current or interfering signals induced in the Project and the Licensed Premises as a result of the operating of the Licensor's cathodic protection system. 12. Licensor's Electric Power Advisory The Licensee agrees and understands that if the Licensor has constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. The Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Licensed Premises and the Property, pursuant to the provisions of this License, of the existence and nature of such electric facilities and the potential danger and risk involved. 13. Licensee to Indemnify (a) (i) As used in this License, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, including, but not limited to, investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses; and (4) any and all other costs or expenses. (ii) As used in this License, the term "Injury" means (1) death, personal injury, or property damage; (2) loss of profits or other economic injury; (3) disease or actual or threatened health effect; and (4) any consequential or other damages. (b) To the extent permitted by law, the Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this License; (2) the construction, existence, maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric power generation, transmission, or distribution; natural gas gathering, storage, transmission, or distribution; or any other utility facilities located on the Property; or (3) the Licensee's or any other person's presence at the Property as a result of or related to this License. (c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to: (i) Claims asserted by any person or entity, including, but not limited to, employees of the Licensee or its contractors, subcontractors, or their employees; 4 (ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, transmission, distribution, or related facilities; (2) electricity or electromagnetic fields; (3) natural gas gathering, storage, transmission, distribution, or related facilities; (4) asbestos or asbestos containing materials; (5) any Hazardous Materials, regardless of origin; or (iii) Claims arising from, or alleged to be arising in any way from, the acts or omissions of the Licensee, its sublicensees, invitees, agents, or employees. 14. Insurance Licensee shall purchase and maintain such insurance as shall protect Licensee and Licensor from claims which may in any way arise out of or be in any manner connected with the performance of this License, whether such claims arise out of the act or failure to act of the Licensee, Licensor, or of the direct or indirect delegee, appointee, or employee of either. (a) Notwithstanding any provision of this License to the contrary, this insurance shall be as specified below, and, except for worker's compensation, automobile, and professional liability insurance policies, all insurance policies shall name Licensor as an additional insured: (i) Worker's Compensation Statutory, Employer's Liability Limit, in the amount of one million dollars ($1,000,400); (ii) Commercial General Liability Insurance, occurrence form, providing bodily injury, personal injury, and property damage liability coverage with combined single limits of not less than five million dollars ($5,400,000); (iii) Comprehensive Automobile Liability with combined single limits of not less than one million dollars ($1,400,000); (iv) The policies described herein shall be endorsed to show that the insurers waive subrogation against Licensor, its directors, officers, and employees. (b) Certificates of Insurance acceptable to Licensor shall be filed with Licensor prior to commencement of the construction of the Project and use of the Licensed Premises. These certificates shall contain a provision that coverages afforded under the policies shall not be canceled until thirty (30) days prior written notice has been given Licensor. Notwithstanding the foregoing, Licensee has a continuing obligation to provide the insurance coverage described herein and none of the insurance required herein shall be canceled, changed, or allowed to lapse. (c) Insurance specified herein shall be minimum requirements and Licensee is responsible for providing any additional insurance deemed necessary to protect Licensee's interests from other hazards or claims in excess of the minimum coverage. The liability of Licensee is not limited to available insurance coverage. 15. Licensoe's Activities The Licensor shall use care not to damage the Project in the construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of its 5 facilities located on the Property, and shall give reasonable notice to the Licensee of any of its activities in the immediate vicinity of the Project. 16. Distance and Height Requirements The Licensee shall construct and use the Licensed Premises so as to maintain the maximum distance between the Project and the Licensor's electric and/or natural gas facilities, or other facilities located on the Property, allowable by the width and terrain of the Property. If the Project crosses over or under the Licenser's electric and /or natural gas facilities, the crossing shall be as directed by the Licensor. Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the Licensor, shall be maintained on all crossings and parallel encroachments. 17. Restoration Following Construction After construction of the Project and thereafter, in the event of resettling, the Licensee shall restore the surface of the Licensed Premises by grading and compacting any irregularities, reseeding, and /or revegetation as required to restore original conditions. 18. Reimbursement by Licensee The Licensee shall reimburse the Licensor for all costs involved for replacing and resetting any section corners, quarter corners, ownership monuments, right -of -way markers, and reference points disturbed or destroyed during Licensee's use of the Licensed Premises. 19. Copy of License A copy of this License shall be on the Licensed Premises at all times during construction of the Project. 20. Termination, Removal and Restoration Upon any termination of the License as herein provided, the Licensee shall remove all of the Project from the Licensed Premises within sixty {60} days from the date of termination, and shall restore the Licensed Premises to the Licensed Premises' condition prior to this License taking effect by grading and compacting any irregularities, reseeding, and /or revegetation as required by Licensor. Removal of the Project and restoration of the Licensed Premises shall be performed under the same terms and conditions as the construction of the Project. If the Licensee should fail to remove the Project and restore the Licensed Premises within said sixty {60} day period, the Licensor may remove the same and restore the Licensed Premises at the expense of the Licensee. 21. Workers' Compensation Insurance The Licensee further agrees to provide, keep in full force and effect, and require of its contractors or subcontractors, Workers' Compensation insurance pursuant to the laws of Minnesota on all employees entering upon the Property. 22, Assignment Licensee shall not assign, sell, delegate, subcontract or otherwise transfer or encumber in any manner whatsoever, all or any portion of the rights, duties or obligations under this License. Any such transfer or encumbrance shall be null and void and shall permit Licensor to terminate this License immediately without written notice. 23. Other Authority or Rights The Licensee shall bear the sole obligation of obtaining such other authority or rights as the Licensee may need in addition to the rights provided in this License for the construction of the Project and use of the Licensed Premises. 24, Hazardous Materials Except with the express written permission of the Licensor, the Licensee shall not bring onto the Property, or permit to be brought onto the Property, any hazardous or toxic substance or material {including petroleum} regulated by the State of 0 Minnesota, the United States government, or any other government authority with applicable jurisdiction ( "Hazardous Materials "). In the event the Licensee brings Hazardous Materials onto the Property (with or without permission of the Licensor), the Licensee shall comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such Hazardous Materials. The Licensee shall remove such Hazardous Materials from the Property immediately upon request of the Licensor. The Licensee shall bear all costs related to environmental investigation, cleanup, removal, or restoration of any water, air, groundwater, natural resources, soil, or land, including, but not limited to, the Property, incurred as a result of the presence of such Hazardous Materials on the Property, or arising out of the acts or omissions of the Licensee, its agents, sublessees, invitees, or employees. 25. Notices Any and all notices, requests, demands and other communications required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given (a) when delivered if delivered personally, {b} three (3) business days after the mailing thereof by first class, postage prepaid, registered or certified mail if mailed, or {c} one (1) business day after being dispatched by a nationally recognized overnight delivery service, in any event, addressed to the party's respective addresses set forth below or at such other address as may be designated in a written notice and given in accordance with this paragraph: To Licensor: Northern States Power Company c/o Xcel Energy Services, Inc. Attn: Corporate Real Estate 414 Nicollet Mall, Mezzanine Minneapolis, Minnesota 55401 To Licensee: City of Maplewood Attn: Chuck AN 1830 County Road B East Maplewood, Minnesota 55109 26, Amendment This License may be amended only by a written Amendment signed by both parties. 27. Relationship of Parties Nothing in this License shall be interpreted or construed as a partnership or joint venture between Licensor and Licensee concerning the Project on the Licensed Premises. 28. Governing Law This License shall be construed in accordance with and governed by the laws of the State of Minnesota. 29. Severance Should any portion of this License be declared invalid and unenforceable, then such portion shall be deemed to be severed from this License and shall not affect the remainder thereof. 30. Counterpart Execution This License may be executed in two original counterparts, each of which shall be deemed an original of this instrument. 31. Additional Provisions (a) No Implied Waiver No assent, express or implied, to any breach of any one or more of the agreements hereof shall be deemed or taken to be a waiver of any other breach. Any payment by the Licensee, or acceptance by the Licensor, of a lesser amount than due under this License shall be treated only as a payment on account and not as a waiver as to the full amount due. Further, failure of the Licensor to timely make demand of Licensee for any unpaid amounts, as required herein, shall not be deemed a waiver of the Licensee's liability to pay same. (b) Default If any default is made by Licensee in any of the agreements contained herein, it shall be lawful for the Licensor to declare the term ended, and to enter the Licensed Premises, either with or without legal process, and to remove the Licensee or any other person occupying the Licensed Premises, using such force as may be necessary, without being liable for prosecution, or for damages, and to repossess the Licensed Premises free and clear of any rights of the Licensee. If, at any time, this License is terminated under this paragraph, the Licensee agrees to peacefully surrender the Licensed Premises to the Licensor immediate upon termination, and if the Licensee remains in possession of the Licensed Premises, the Licensee shall be deemed guilty of forcible entry and detainer, and, waiving notice, shall be subject to forcible eviction with or without process of law. (c) Safety and Maintenance Licensee agrees to: a) at all times, adhere to Licensee's safety and security policies as may be provided from time to time by Licensor either verbally or in writing; b) utilize sound dust control /suppression practices, as approved by Licensor, when using the Licensed Premises and Property under this License, all at the Licensee's sole expense; c) keep the Licensed Premises in a sightly condition at all times, all at the Licensee's sole expense; d) keep the entire Licensed Premises free from all rubbish, waste, dirt, debris, and obstructions of any sort; e) keep the Licensed Premises in a condition as required by law, including by the ordinances of the city, town or county in which the Licensed Premises are situated; and f) control all noxious plants and weeds to prevent seeding or spreading by use of mechanical means only. (d) Not to Record Licensee shall not record this License and such recordation shall permit Licensor to terminate this License immediately without written notice. (e) Non - transferable Right This License shall not pass with title to Licensee's personal property or improvements and shall not run with the Licensed Premises. (f) Utilities The Licensed Premises are vacant, "as is" and presently without utility services of any kind. Any such service to the Licensed Premises or the Project shall be at the sole expense of the Licensee, including, but not limited to permits, licenses, fees and any associated costs of "hook -up," and must be approved by Licensor in advance. It is expressly agreed that the Licensor will not furnish any water, whatsoever, for any purpose incidental to the Project. (g) Protective Bollards Should any transmission towers, being a part of Licensor's utility facilities, exist on the Licensed Premises, Licensee shall install protective bollards to be placed around such existing tower(s), with a span of no less than 10 -feet between the bollards and the tower(s), as further dictated by Licensor. (h) Liens and Encumbrances Licensee shall keep the Licensed Premises free of all liens and encumbrances arising out of the Licensee's interest in or activities on the Licensed Premises. (i) Disclaimer of Warranty Licensee has conducted its own investigation and inspection of the Licensed Premises and is familiar with the physical condition of the Licensed Premises and surrounding terrain, and is fully informed as to the existing conditions and limitations. Licensor makes no representation as to the suitability of the Licensed Premises for use by Licensee and no such representation, or any other representations, are made by Licensor or shall be implied by operation of law or otherwise. 0) Costs Licensee shall timely pay all fees, taxes, wages and other charges and expenses in any manner associated with Licensee's activities under the License. (k) Compliance with Laws, Rules and Regula ti ons. At its sole cost and expense, Licensee shall give all necessary notices and obtain all required permits, licenses, authorizations and approvals and shall comply and ensure that all of its employees, licensees, agents, contractors, subcontractors, invitees, suppliers and other persons comply with all applicable federal, state and local laws, ordinances, governmental rules and regulations relative to the Licensed Premises and the Project, including those relating to the preservation of the public health and safety, employment laws, environmental laws, zoning, ordinances, rules and regulations and those within the Occupational Safety and Hazard Act (OSHA). Licensee shall be liable for any fines or assessments levied thereunder against Licensee resulting from its acts or omissions hereunder. (1) Covenant Not to Sue Licensee, for itself and its representatives, hereby releases and covenants not to sue or bring any action (whether legal or not) against Licensor for injury sustained to Licensee's person and property or the person and property of Licensee, its employees, licensees, agents, contractors, invitees and other persons due to or in anywise growing out of or connected directly or indirectly with (a) the Project and associated activities on the Licensed Premises; (b) his, her or their presence in and about the Licensed Premises and the Property as a result of or related to this License; (c) the existing condition of the Licensed Premises; (d) Licensoe's actions reasonably necessary to protect its Property and facilities during emergency conditions; (e) Licensoe's right to suspend Licensee's work as provided herein; and (f) Licensor's exercise of its rights hereunder. Subject and subordinate to the provisions of Paragraphs 13 and 14 hereof, none of the above should be construed to relieve Licensor of its responsibility for negligent acts and omissions or intentional torts of its employees, agents, contractors, invitees or licensees (exclusive of Licensee) occurring during the term of this License. (m) Licensee's Sale Risk and Expense Licensee agrees that use of the Project by the Licensee hereunder, or its employees, agents, contractors and other persons, shall be at the sole risk and expense of Licensee. (n) Securi# . Licensee, at its sole cost and expense, shall provide all security necessary pursuant to this License, including that necessary for: 1) Licensee's vehicles, improvements, equipment, supplies and facilities, and Licensor shall have no liability for any injury, loss or damage arising out of Licensee's failure to properly provide such security; and 2) protection of Licensoe's facilities on the Property, as requested by Licensor. (o) Condemnation In the event of a condemnation or other taking of all or any portion of the Property by any governmental agency or other party, all proceeds shall be paid to the Licensor hereunder, the Licensee waiving all right to any such payments. 9 IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. NORTHERN STATES POWER COMPANY in Gina L. Bulloch Director, Corporate Real Estate 10 =*OF.vlmz[c] THE CITY OF MAPLEWOOD By: Its: Mayor By Its: City Manager 11 EXHIBIT A That portion of TRACT A, REGISTERED LAND SURVEY NO. 262, files of the Registrar of Titles, Ramsey County, Minnesota, described as follows: A strip of land 100.00 feet wide, the centerline of said strip being described as follows: Commencing at the Northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly along a non-tangential curve for 908.99 feet, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly along a tangential curve for 495.09 feet, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said centerline there terminating. The sidelines of said strip are to be prolonged or shortened to terminate along the easterly and southerly lines of Tract A of Registered Land Survey No. 262. Together with all that part of the above - described Tract A which lies northerly and northwesterly of the above - described strip of land and which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 40.00 feet northerly and northwesterly from the northerly and northwesterly line of the above - described strip of land. The sidelines of said part of Tract A are to be prolonged or shortened to terminate on the easterly, westerly and southerly lines of said Tract A. (NOTE; As to that part of the said Tract A which is described in this paragraph, the Purchase Agreement shall provide for the acquisition by Licensee of only a temporary construction easement for construction purposes over said parcel, not fee title thereto.) Together with all that part of the above - described Tract A which lies southerly and southeasterly of a line drawn parallel and concentric with and distant 50.00 feet southerly and southeasterly from the following described line and its extensions: Commencing at the northeast corner of the Northeast Quarter of the Northwest Quarter of Section 3, Township 29, Range 22; thence on an assumed bearing of North 89 degrees 44 minutes 58 seconds East along the north line of the Northeast Quarter of said Section 3, for 535.77 feet; thence southwesterly for 908.99 feet along a non - tangential curve, concave to the southeast, radius 850.00 feet, central angle 61 degrees 16 minutes 20 seconds, the chord of the said curve bears South 59 degrees 06 minutes 48 seconds West to the beginning of the line to be described; thence South 28 degrees 28 minutes 38 seconds West for 1007.59 feet to a point of curvature; thence southwesterly for 495.09 feet along a tangential curve, concave to the northwest, radius 460.00 feet, central angle 61 degrees 39 minutes 58 seconds; thence North 89 degrees 51 minutes 25 seconds West for 200.00 feet and said line there terminating. 12 Agenda Item H4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Chuck Ahl, Director of Public Works DuWayne Konewko, Environmental Manager SUBJECT: Approval of Spring Clean -Up Event Scheduled for April 29, 2006 DATE: March 3, 2006 INTRODUCTION The 2006 spring clean -up event has been scheduled for April 29, at Aldrich Arena at 1850 White Bear Avenue from 7 a.m. to 1 p.m. I am recommending that the fees remain the same as those used at the 2005 spring and fall clean -up events. The City is targeting collecting 25 to 35% of disposal costs (a 65 to 75% subsidy rate) with these fees. Maplewood's spring clean -up event is being scheduled at the same time as Ramsey County's Household Hazardous Waste collection program. Hazardous waste, including oil, antifreeze, paint and other hazardous waste items, will be accepted free of charge. The Household Hazardous Waste collection program will run from 8 a.m. to 4 p.m. Combining these two services will offer residents the opportunity to participate in both events without making additional trips for disposal. Staff will evaluate the results of the spring clean -up event and present findings to the City Council. RECOMMENDATION Recommend approval of Spring Clean -Up Event Scheduled for April 29, 2006. Attachments: 1. Spring clean -Up Event Information Sheet Agenda Item H4 SPRING CLEAN -UP DAY The city will be holding their Spring Clean -Up Day on Saturday, April 29 from 7 a.m. to 1 p.m. in the Aldrich Arena parking lot at 1850 White Bear Ave. Maplewood residents (proof of residency is required) will be able to dispose of old appliances, computers, monitors, TVs, tires, construction debris, mattresses, old furniture, car parts, scrap metal, and other assorted junk (refer to charges below for disposal cost). No brush or tree waste will be accepted. Ramsey County's Household Hazardous Waste collection program is being held on the same day, also at Aldrich Arena. Hazardous waste including oil, antifreeze, paint and other hazardous waste items will be accepted free of charge. The Household Hazardous Waste collection program will run from 8 a.m. to 4 p.m. Combining these two services will offer residents the opportunity to participate in both events without making additional trips for disposal. In conjunction with the clean up, the city will be sponsoring a food drive for the Second Harvest Food Bank. Containers will be set up to collect food items. Tuna, peanut butter, macaroni and cheese, canned soups, stews, infant items, dried foods, and cash are needed. CLEAN — UP DAY COLLECTION FEES: Cash or check onl Carswithout a trailer .................... ............................... $10 Pick -up trucks and cars with trailers .. ............................... $15 Exceptionally large loads (determined by the city) ................ $25 plus Computer /monitor (in addition to above costs) ..................... $15 Car tires with or without rims (in addition to above costs) ....... $3 TVs all sizes (in addition to above costs ) ........................... $10 VCRs (in addition to above costs) ..... ............................... $10 Printers (in addition to above costs) .... ............................... $10 Residential appliances (in addition to above costs) ............ $10 Example fees: Car without trailer plus console TV ...............$20 Pick -up truck with appliance and computer..... $40 Please call 651- 249 -2400 with any questions you may have regarding the spring collection event. The fees remain unchanged from last year. MEMORANDUM TO: Richard Fursman, City Manager FROM: Linda Olson, Community Design Review Board Chair SUBJECT: 2005 Community Design Review Board Annual Report DATE: March 1, 2006 INTRODUCTION Agenda Item H5 Annually the community design review board (CDRB) reports the board's actions and activities for the city council for the previous year. In 2005, the CDRB reviewed the following 27 items during their 16 meetings: Type of Proposal # Reviewed New Development Proposals 19 • Maplewood Imports Auto Center (Audi Showroom [36,520 s.f.]) — 2450 Maplewood Drive • 3M Building 232 (1,600 s.f. chiller) Building 246 (cooling tower) — Conway Avenue • Heritage Square 4 th Addition (90 units) — County Road D, W of Highway 61 • Overview Town Homes (24 units) — W Side of McMenemy St., E of 1 -35 • Woodland Town Homes (24 units) — E Side of McMenemy St., N of Larpenteur Ave. • 3M Building 278 (Leadership Development Institute /Customer Center [83,000 s.f.]) — Minnehaha Ave., E of Wells Fargo Bank • Lexus Auto Service Center (33,200 s.f.) - NW Corner of Co. Rd. D and Hwy 61 • Maplewood Marketplace (12,600 s.f.) — NW Corner of Co. Rd D and Highway 61 • Pondview Townhomes (11 units) — NW Corner of Larpenteur Ave. and Adolphus St. • Maplewood Toyota New Vehicle Parking and Sales Facility (35,482 s.f. parking ramp) — NW Corner of Beam Ave. and Highway 61 • Maplewood Toyota Storage Lot (24,920 s.f. pervious paver parking lot) — W Side of Highway 61, N of LaMettrey's Collision • Woodlands of Maplewood (28 units) — McMenemy Street, N of Kingston Ave. • Walgreens (14,480 s.f.) — NE Corner of Beam and White Bear Aves. • Best Buy (45,243 s.f.) — 1765 County Road D • K and W Roll -Offs (1,960 s.f. storage bldg.) - 1055 Gervais Avenue • Legacy Shoppes (18,912 s.f.) — Legacy Village, S of Co. Rd. D, Across from Slumberland and W of Ashley Furniture • Kennard Professional Building (45,732 s.f.) — Legacy Village, NE Corner of Kennard St. and Legacy Parkway • 3M Building 231 (210 s.f. utility plant) and Building 246 (two cooling towers) — S of Conway Ave. • Maple Ridge Leaf Business Park (38,880 s.f.) — 2483 and 2497 Maplewood Dr. Expansions /Remodels 2 • Maplewood Public Works Facility (4,224 s.f. office, 20,240 s.f. garage, 9,600 s.f. sand /salt structure) — 1902 Co. Rd. B E • Edgerton Manor (covered entryway) — 2021 Edgerton Street Type of Proposal Miscellaneous Reviews and Actions • Maplewood Business Center Landscaping and Screening Plan — 1616 Gervais Avenue • Maplewood Imports Auto Center Comprehensive Sign Plan — 2450 Maplewood Drive • Ashley Furniture Neon Lighting — Legacy Village, 1770 County Road D • CVS Pharmacy Comprehensive Sign Plan — 2196 White Bear Avenue Special Proiects • Sign Code Revisions • Discussions about Gladstone Neighborhood Redevelopment Area Total COMPARATIVE INFORMATION Year 2001 2002 2003 2004 2005 MEMBERSHIP Number of Items Reviewed 31 27 25 25 27 El 2 27 The CDRB consists of five members appointed by the city council. Membership terms are for two years, with extensions for additional terms approved by the city council. The current membership is as follows: Board Member Membership Began Term Expires Ananth Shankar 8/8/94 1/1/08 Matt Ledvina 3/10/97 1/1/07 Linda Olson 3/26/01 1/1/07 John Hinzman 3/28/05 1/1/08 Joel Schurke 2/13/06 1/1/07 On February 13, 2006, the city council appointed Joel Schurke to fill the vacancy left by Diana Longrie. Ms. Longrie resigned from the CDRB on December 13, 2005, to become Mayor of Maplewood. Mr. Schurke's term expires January 1, 2007. The city council also reappointed board members Ananth Shankar and John Hinzman to a two -year term, expiring January 1, 2008. # Reviewed 2 DISCUSSION 2405 Actions /Activities In 2005, the CDRB reviewed 14 new commercial developments which added a total of 392,739 square feet of new commercial space to the city; 2 commercial expansion /remodels which added a total of 34,064 square feet of new commercial expansion space to the city; and 5 new multi- family developments which added a total of 177 new residential units to the city. The CDRB has consistently demonstrated keen interest and skill in their reviews of these development projects to ensure they are of the quality of design and materials that complement the surrounding areas and improves a site's aesthetics. The city has become more and more developed in the last ten years, with very little vacant land available for new developments. Because of this city staff has processed many of the city's remodels and additions as 15 -day reviews, as allowed by code, rather than the more formal review by the CDRB. Also because of the developed nature of the city, many of the new commercial and residential developments reviewed by the CDRB are either redevelopment of existing buildings or in -fill development. The CDRB will continue to be a vital advisory board to the city council in the future, particularly with more redevelopment and in -fill development projects on the horizon. Maplewood's current sign code was adopted in 1977, with minor revisions made in 1996. The sign code is outdated and allows for excessive signage within the commercial and industrial zoning districts. The CDRB recommended in their 2002, 2003, and 2004 annual reports that the city's sign code be reviewed for potential modifications and updates. During 2004 and 2005 the CDRB undertook the difficult task of debating and creating a draft sign code. The CDRB will complete their work on this draft code in early 2006, with review by the city council in mid 2006. The CDRB is committed to creating a new sign code for the city which is updated, fair, and comprehensive. 2006 Recommendations /Areas of Interest • The CDRB will work with staff on recommended site and design criteria for the city's proposed Gladstone neighborhood redevelopment area. • The CDRB looks forward to reviewing future development plans for Legacy Village. • The CDRB is interested in gaining a better understanding of sustainable building design concepts. The board hopes to support the implementation of these concepts for projects that are reviewed and approved by the city. • The CDRB is interested in exploring specific design standards for new commercial and multi - family developments. • The CDRB is interested in reviewing and updating the city's landscape requirements for commercial and multi - family developments. • The CDRB is interested in reviewing and updating the city's on -site parking requirements. CONCLUSION In 2006, the CDRB will continue its dedication to the quality design of buildings and developments, ensuring a high quality of life for the citizens of Maplewood. Rcom -dev \community design review board \annual report (2005) 3 Agenda Item H6 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Conditional Use Permit Review — University Auto Sales LOCATION: 1145 Highway 36 East DATE: March 6, 2006 INTRODUCTION The conditional use permit (CUP) for University Auto Sales and Leasing at 1145 Highway 36 East is due for review. The CUP was required for the expansion of the used motor vehicle sales lot. BACKGROUND On March 25, 2001, the city council approved a CUP for used motor vehicle sales at University Auto Sales and Leasing. On June 24, 2002, the city council reviewed and renewed the CUP for used motor vehicle sales. On November 24, 2003, the city council approved an amendment for the expansion of University Auto's used motor vehicle sales, approved a new CUP for motor vehicle repair, and design review for an addition to the building for the new motor vehicle repair facility. On January 2004 University Auto purchased .22 acres of land from the City of Maplewood for the future expansion of their used motor vehicle sales lot. The land was previously unused right -of- way along the frontage road. On November 8, 2004, the city council approved an amendment for the expansion of University Auto's used motor vehicle sales and design review for the expansion of the sales lot onto the .22 acre lot purchased from the city. Refer to the November 8, 2004, city council minutes attached. �411RIMIOR CUP Compliance The owners are in compliance with all CUP requirements Design Review Compliance All design related conditions have been met including construction of the sales lot and dumpster enclosure, installation of the landscaping, lighting, and painting of the existing light poles which had chipped and peeling paint. RECOMMENDATION Approve the conditional use permit for University Auto Sales and Leasing at 1145 Highway 36 East. The city council should review the permit again in the future if a problem arises or if the owners propose an expansion. P:Sec9 \university auto\2006 CUP review Attachments 1. Location Map 2. Site Plan 3. November 8, 2004, City Council Minutes Attachment 1 ` "+ Location Map 0 Attachment 2 Se LC Attachment 3 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 08, 2004 Council Chambers, City Hall Meeting No. 04 -25 K. NEW BUSINESS University Auto Sales (1145 Highway 36)- a. Conditional Use Permit Revision b. Design Approval City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Boardmember Ledvina presented the Community Design Review report. d. Commissioner Trippler presented the Planning Commission report. Hossein Aghamirzai, the applicant addressed the council. Councilmember Koppen moved to adopt the following resolution approving the conditional use permit for University Auto Sales at 1145 Highway 36: USED MOTOR VEHICLE SALES CONDITIONAL USE PERMIT RESOLUTION 04 -11 -199 WHEREAS, Hossein Aghamirzai, of University Auto Sales and Leasing, applied for a conditional use permit to be allowed to expand a used motor vehicle sales business. WHEREAS, this permit applies to property located at 1145 E. Highway 36. The legal description is: ALL OF BLOCK 21 EXCEPT THE EAST 480 FEET THEREOF, CLIFTON ADDITION, RAMSEY COUNTY, MINNESOTA, SUBJECT TO STATE HIGHWAY NO. 361118, AND STATE HIGHWAY 6111. WHEREAS, the history of this conditional use permit is as follows: On November 1, 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 planning commission also considered reports and recommendations of the city staff. 2. On November 8, 2004, the city council reviewed the conditional use permit request and considered recommendations by the planning commission and city staff. After review, the city council approved this permit. City Council Meeting 11 -08 -04 NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit based on the site plans. The city approved this permit because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water runoff, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (and amendments to the original conditions noted): All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use 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 city council shall review this permit in one year. 4. The site shall be kept in neat and orderly condition. The applicant shall observe the striping pattern and not crowd the site by placing additional vehicles on the site beyond what can be parked in the striped parking spaces. The drive aisles shall be kept clear of vehicles. There shall be no parking on the grass or landscaped areas. 5. There shall be no vehicle delivery or transport /trailer unloading along the street. This activity shall be kept on site. 6. Outdoor storage of any new or used materials other than vehicles shall be prohibited unless such materials can be fully concealed within a screening enclosure. The design and placement of any such enclosure shall be subject to staff approval. City Council Meeting 11 -08 -04 7. The hours of operation of this used motor vehicle sales business shall be 8 a.m. to 8 p.m. Monday through Saturday. The used motor vehicle sales business shall be closed on Sunday. 8. There shall be no parking of motor vehicles within the drive aisles, either blocking the drive aisles for security when the business is closed or harked along the side of the drive aisles on display. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to approve the site plan date - stamped September 17, 2004, for the expansion of a motor vehicle sales lot at 1145 Highway 36 East. Approval is subject to the applicant complying with the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Prior to issuance of a grading permit for the expanded used motor vehicle sales lot, the applicants must submit the following to staff for approval: 1) A grading and drainage plan which addresses all conditions required in Chuck Vermeersch's memorandum dated October 18, 2004. This plan shall include providing�ponding or other water quality features in the ditch. 2) Revised site plan showing the expanded motor vehicle sales lot maintaining a 5- foot setback to the rear property line. 3) Landscape plan showing the planting of at least 7 deciduous trees (one tree per 30 feet) or 14 ornamental trees (one tree per 15 feet), 30 shrubs, and several perennial plants to be planted along the front of the expanded motor vehicle sales lot, and shrubs within the existing planting bed along the west side of the building. All other areas must be sodded or seeded with grass. The CDRB waives the city code requirement for underground irrigation. 4) Trash dumpster enclosure plans for the outside trash containers if used (code requirement). This plan must show the placement and design of the enclosure. Trash enclosures must have a 100 percent opaque closeable gate. Enclosures must be of a material that matches or is compatible with the building. 5) Photometrics plans for any new outdoor lighting. The plan must include the light illumination at all property lines not exceeding .4- foot - candles and all freestanding lights maintaining a height of 25 feet or less. 6) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. Complete the following prior to the city conducting a final grading inspection on the site, unless the city holds the above- mentioned cash escrow or letter of credit to ensure completion of the work: City Council Meeting 11 -08 -04 1) Painting all new and existing parking space stripes. 2) Construction of a trash dumpster enclosure for any outside trash containers if used. 3) Repainting of all existing light poles white to ensure no chipped or peeling paint. 4) Installation of all required landscaping. d. All work shall follow the approved plans. The director of community development may approve minor changes. If paving of the expanded motor vehicle sales lot does not occur in 2004, the applicant shall review the need for silt fence and erosion control with the city engineering department. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 11 -08 -04 MEMORANDUM TO: Richard Fursman, City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: March 6, 2006 for the March 13 City Council Meeting SUBJECT: Regular Part -Time Employees INTRODUCTION Agenda Item H7 The City of Maplewood constructed and managed two community gyms at Edgerton and Carver schools for the past nine years. It is our department's responsibility to schedule and supervise these community gyms after school, Monday through Friday, and throughout the weekend and summer months. Our department has provided a variety of supervisory levels at the gyms ranging from a full -time gym coordinator during the earlier years to operating the facilities with casual part -time employees during the past eight years. With our department's recent restructuring it has become apparent that casual part -time employees (who cannot work more than 14 hours weekly) do not provide the level of onsite supervision that is necessary. It is our recommendation that two regular part -time employee positions be created that would provide greater continuity for monitoring the operations of Edgerton and Carver community gyms. The city's current personnel policy provides for several categories of employment. Each category has specific requirements, compensation and benefits associated with it. The parks and recreation department has upwards of 200 -300 casual part -time and temporary/seasonal employees who serve in a variety of positions ranging from umpires to swimming instructors. BACKGROUND Over 90 percent of our staff are casual part -time employees who cannot work more than 14 hours per week. When I restructured the department two months ago, additional duties were assigned to each of the recreation supervisors. It has become clear that we need more continuity at Edgerton and Carver. These two regular part -time positions would report to the recreation program supervisor who is responsible for Carver and Edgerton. Staff requests that two regular part -time positions be established, which require city council approval. The difference between casual part -time employees and regular part -time employees is that regular part time employees can work up to 32 hours weekly and they receive pro -rated annual leave, holidays, deferred compensation and long -term disability coverage. The two positions will allow us to operate the community gyms more efficiently and make better use of existing staff. There will be an increased cost that is approximately 20 percent or an estimate of $4,000 annually. The two positions will be paid from the recreation program fund and will decrease the need for casual part - time employees. RECOMMENDATION Staff recommends that the city council approve the creation of two regular part -time community gym representative positions to assist with day -to -day operation of the Edgerton and Carver community gyms. 0 0 0 0 0 0 0 0 0 0 LL zz z''zz'zz z z O 0 0 O m 0 0 `w '0 0 O O U U U U to U U (o U U U U m m 7 N Cl) I Cl) Cl) of 0 0 0 0' Z 0 Z 0 a o U U U C) p U ',p U U U W a c 0 W > > W W W> W p Of d' Of Of 0 U' tY U ( �' fl� 0� d Q Q Q o 0 Q a 0¢ Q a U U U U ..J W U -j W U U U G C Q 0 '< 0 ',fl L 'L E 0 0 t6 te t0 e t6 N w N m m m N N N - r N 4 E E N [. t6 N O O O c co r m '.F el �, a. w a. cc Q to.� @ to '.F i5 0 _ N co Q i> 9 > >+ S. N w 4) U N N U a � _ Q} 0? 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E CL CL a. a. CL CL E ¢ CL CL CL CL E ` o o Lo 4 o U> o o o o 4 o 0 0 0 0 .w o L u`. ° Li m •- .0 � i o 0 0 0 0 '% L o c? c? co - Lt CO co M U) io co (o 00 co to U") to io co • • • i 0 0 0 0 0 0 0 r) r) r) r) r) 0 O Q 0 0 W '0 U D D d C) Q Q U U U U U o 0 W w > > o w w ', Q¢ ' a' d a ¢ o I C) U _3 U U U w w 4 O G O Q. Z. C:5 C) rC) p (1) Q) N — @ t6 S) C ' � J -0 @ C' j CO CO O O O D Y Y v =1 > > O CO CO w N Z @ C!) U) co m m m Ol y -- 6) 0 y-. O O W c M r w U U) U) U O i3 O t Q Q s. a s U i1 V _ CL CL O O ♦+ 0 ++ 0 0 o 0 w w r 7; 7-3 � as 0 0 0 Agenda Item H8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Bryan Nagel, Street Superintendent SUBJECT: Purchase of One -Ton Truck and Utility Body DATE: March 3, 2006 INTRODUCTION The 2006 Public Works capital outlay budget included funds ($45,412.00) for the purchase of a one -ton utility truck for the Environmental Utility /Storm Sewer program. Background Two quotes were received for the purchase of the cab and chassis. Car/Truck City submitted a bid of $26,424.36 under State contract and Stillwater Motors submitted a bid of $26,248.25, tax included on both bids. State bid prices were received for the utility crane body. Aspen Equipment submitted a bid of $16,400.28 under Contract Number 434928, tax included. RECOMMENDATION It is recommended that the city council authorize entering into a contract with Stillwater Motors for the purchase of the cab and chassis and Aspen Equipment for the purchase of the utility crane body. Agenda Item 11 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Public Hearing — 7:00 pm TH 5 and TH 120 Vacant MnDOT Property, City Project 03-20- - Review Marsh 212 and Hill- Murray Concept Plans DATE: March 6, 2006 INTRODUCTION The excess right of way on the western side of TH 120 at the intersection with TH 5 has been under discussion for six 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 (called Marsh 212), has also expressed interest /concern with site proposals. In July 2005 each of these groups made a presentation to the City Council on their proposal. On January 23, 2006, the City Council heard a presentation from ISD #622 on the bus garage proposal. A public hearing has been called to receive local input on the Marsh 212 and Hill- Murray Concept Plans. Background The City Council considered this item on January 23, 2006, when the bus garage proposal was presented. The Council requested a presentation from Marsh 212 and Hill- Murray before making a final determination. Marsh 212 and Hill- Murray have submitted complementary information, copies of which are attached. Mr. Ron Cockreil, representing Marsh 212 has requested to present first. Mr. Joe Peschges, representing Hill- Murray, will coordinate the Hill- Murray presentation Review Comments The review of the two proposals uses the same criteria for wetland protection, environmental enhancement, wetland restoration and overall neighborhood impact as applied to the bus garage proposal, which was recommended for denial by the staff. The Marsh 212 proposal, which has been revised to The Marshlands: A Cooperative Initiative for Connecting Communities, does not have any specific information for review. The Hill- Murray and Marsh 212 proposals appear to be attempting to reach similar environmental goals. The Hill- Murray proposal, while still a concept, provides a much better approach to the environmental features of the site. They have acknowledged that a wetland complex exists on the site and a "sequencing process" is required prior to any site alteration. This conflicts with the bus garage proposal which indicated that four agencies had approved their environmental wetland planning (see attached letters and a -mails from MPCA, Corp of Engineers, Ramsey Washington Watershed District and Ramsey County Soil and Water Conservation District expressing concern with bus garage representative comments). This proposal also provides for the 100 -foot wetland buffer required by Maplewood ordinance, which was not accommodated on the bus garage proposal. The site concept also identifies significant environmental wetland treatment facilities that will help the City meet our storm water permit requirements. Agenda Item 11 Review Comments (continued) The largest negative to the Hill- Murray concept is that it is still a concept. The bus garage proposal is a plan that has the support of MnDOT, the land owner, and ISD #622 is prepared to proceed to construction, possibly as early as the fall of 2006. The Hill- Murray plan does not provide for MnDOT's continued operation on the site, which MnDOT indicates is a major concern to them. Significant cooperative effort will be needed to make the Hill - Murray /The Marshlands proposal a reality. The overall concept is environmentally sound; however, the Council will need to determine if this is a priority site and if they wish to invest staff time and effort into making this into a viable project. For the staff perspective, this is a doable proposal, but requires Council endorsement and direction for the concept to be implemented. Discussion Both the bus garage and the Hill- Murray/The Marshlands proposal need a decision from the City Council. Neither ISD #622 nor Hill - Murray /Marsh 212 wishes to expend further planning dollars without direction from the City as to the overall proposed use for the City. MnDOT is willing to work with either entity, but has made a commitment to ISD #622 to explore their use because they were the first to work on this site. Public sentiment appears to be fairly strong in support of the Hill- Murray proposal and in opposition to the bus garage facility. Council direction on additional information needed to make a decision is requested. RECOMMENDATION It is recommended that the City Council conduct the public hearing at 7:00 p.m. on the TH 5 and TH 120 excess MnDOT property to review concepts from Marsh 212 and Hill- Murray for use of the property. Attachments: 1. Marsh 212 Proposal (Separate copy of proposal provided to City Council) 2. Hill- Murray Proposal 3. Sierra Club Letter of Support for Marshlands 4. Fosberg Comment Letter 5. E -mail Comment Letter 6. Wetland Comments on Bus Garage Proposal Agenda Item 11 March 2, 2006 Mr. Charles Ahl, Director of Public Works, City Engineer City of Maplewood Department of Public Works 1902 County Road B East Maplewood, MN 55109 Dear Chuck; I look forward to the opportunity to present the considerations on protecting the environmental features of the MnDot property at the Public Hearing scheduled for 7:00pm on Monday March 13, 2006. The original Marsh 212 project title has been revised to The Marshlands: A Cooperative Initiative for Connecting Communities. The reason for the name change is to recognize the larger group of entities interested in this proposed project. The Marshland Project will not only recognize the environment features in the area, it will actively protect, enhance and display those features to the public. Many believe this plan, represents the highest and best use of the property. It also recognizes that past activities must be corrected and activities currently conducted on the property must be moved to a new, suitable location. Not only have the citizens of Maplewood set standards of land preservation, the federal and state standards also apply at this location. Allowing the current activities to continue violates the environmental usage and preservation standards. Not to mention that "best practices standards" are not currently being adhered to. The Marshlands Project will provide high value educational, environmental and recreational opportunities through cooperative financial investment of public and private dollars. The Marshlands Project motto is "Connecting Communities ". Some of these communities consist of environmental, educational recreational, and civic. The environmental community represents the protection of the ground water and the control of storm water and managing the retention of run-off. The mitigation and recovery of lost wetlands is also important to ground water and storm water management. It is important to note that Ramsey County has lost more than 80% of its wetlands. The Marshlands Project will provide educational opportunities in the great outdoors. An outdoor classroom will be developed as well as unlimited opportunities for field experiences, providing hands -on mud in your toes learning experiences. The recreational communities will benefit greatly by the connection to existing trails in the cities of Oakdale, Maplewood and North St. Paul. The creation of this city owned park will allow for access to the diverse, high quality wetlands, old - growth oak forest, connecting trail system and athletic fields. It is anticipated that 90% of this park will be green space. The remaining 10% will be a road way and parking lot providing access to this amenity with future connections to Larpenteur Avenue. Our civic communities of city, school, business and counties will all recognize and benefit from this proposal. The Marshlands Project will be presented in full detail at the Public Hearing. We will be prepared to answer questions from the City Counsel members and citizens from the audience. Sincerely, Ron Cockriel Agenda Item 11 THE MARSHLANDS A COOPERA TI VE INITIA TI VE FOR CONNECTING COMMUNI TIES Introduction The following pages contain a proposal for the development of the MnDot property located in Maplewood, MN at Highway 5 and Century Avenue. This proposal is presented to the City of Maplewood as a community wide initiative, one that has the support of a number of public and nonpublic entities in this geographic area. It is not a proposal that comes just from Hill- Murray School. Hill- Murray School has served to facilitate numerous meetings and conversations with individuals and public and private agencies /entities over the past several months related to the development of this proposal. Hill- Murray also responded to the Maplewood City Council's wishes by commissioning studies to be done related to the protection and enhancement of the wetlands as they would relate to this proposal. The end result of the conversations, studies and meetings is presented to you in the following pages. It is our hope that the Maplewood City Council members will look favorably on this proposal, and give its approval. Agencies /Entities involved in discussions over the past several months: Minnesota Department of Transportation City of Maplewood City of Oakdale Representative for the citizens and environmentalists — Ron Cockriel Oakdale Athletic Association Eastside Soccer Club of St. Paul Hill - Murray School St. Paul's Monastery Ramsey County Parks and Recreation Department Rafferty, Rafferty, Tollefson Architects Sanders Wacker Bergley Landscape Architects Short, Elliott, Hendrickson Engineers and Environmental Assessment Agenda Item 11 Proposal for Use of MnDot Land Hill - Murray School I. Background On July 11, 2005, Hill- Murray School presented a conceptual proposal 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, as well as the current Hill- Murray campus, border a significant amount of area (39 acres) owned by Ramsey County Parks and Recreation. A major portion of this acreage is designated as wetlands. Key provisions of the Hill- Murray proposal include: The proposal outlines an environmentally -sound plan that incorporates an environmental education park with surrounding athletic fields. The proposal includes outdoor classrooms and walking trails as well as rain gardens, holding ponds, and native vegetation to protect and improve the wetlands. The plan connects new trails with existing hiking trails in the current park system. The park could be open for use by the public and the athletic fields could be shared with the City of Oakdale, the Oakdale Athletics Association, and the St. Paul East Side Soccer Club (all who have expressed interest in sharing in the development); the City of Maplewood; and other interested communities. II. Results of July II Council Meeting The Maplewood City Council's response to the Hill- Murray proposal included a request that the school provide greater detail about the environmental impact of the plan and in particular, more specificity about how the Hill- Murray plan will protect and improve the surrounding wetland areas. III. Actions taken by Hill- Murray in response to Maplewood City Council Contracted with Rafferty, Rafferty, Tollefson to complete a site plan considering the concerns of the Maplewood City Council, and other government entities concerned with environmental requisites. Enclosed documents outlined in the following enclosed photographs and diagrams: • Regional aerial photo • Existing site drawing (Current property boundaries of Hill- Murray, MnDot, Ramsey County Parks and Recreation, St. Paul's Monastery) • Proposed Hill - Murray site plan for the MnDot property (Identifies environmental park, athletic fields, trails, protected areas). ❑ Enlarged site drawing ❑ Storm water tools, diagrams, and photos demonstrating the important environmentally beneficial features incorporated in the proposal. Agenda Item 11 ❑ Drawing of connections to area parks and trail network ❑ 2005 Wetland Delineation Diagram: A visual summary of the Short, Elliott and Hendrickson Wetland Delineation Report (see full summary). ❑ Supporting letters (2) from City of Oakdale ❑ Letter of support from Ramsey County Parks and Recreation Department ❑ Letter of support from Oakdale Athletic Association ❑ Letter of support from St. Paul East Side Soccer Club Commissioned Short, Elliott and Hendrickson (recommended by City of Maplewood) to complete a Wetland Delineation Study. Completed October 12, 2005. (See enclosed Executive Summary and full report). Commissioned Short, Elliott and Hendrickson to review and make recommendations related to storm water management and impact of the Hill- Murray plan on wetlands. Completed October 20, 2005. (See enclosed SEH document, Storm Water Management Concepts and Recommendations). Prepared a site plan that addresses the requirements for setbacks regarding rules for fields and other components in the plan that are adjacent to wetlands, including details of rain gardens, holding ponds and other landscape features. Defined a plan that creates green space over 90% of MnDot land which has been used for purposes for several years that have concerned environmental groups and the City of Maplewood. �, Created a site plan that expands existing walking trails for city residents. Established that Ramsey County is open to discussions about trading land with Hill- Murray School. �- Determined that the plan adheres to MnDot requirements regarding usage of the property. IV. Maplewood City Council Action Requested by Hill- Murray School Hill - Murray School asks the council for approval of the enclosed conceptual plan for the MnDot property so that it may begin further development work with the City of Maplewood, MnDot and other parties involved in the site development. w r v v c v EY w r v v c v EY w r v v c v EY Agenda Item 11 Chuck Ahl, Director of Public Works, City Engineer City of Maplewood Department of Public Works 1902 County Road B East Maplewood MN 55109 March 3, 2006 Dear Mr. Ahl: The Sierra Club North Star Chapter, representing 153 members in the City of Maplewood, and over 12,000 members across the metro area, is writing to you to endorse a plan set forth by Maplewood resident Ron Cockriel concerning the Hill Murray Master Plan. This northern Ramsey County parcel is bordered by Holloway Avenue, Century Avenue North and Larpenteur Avenue East. The master plan articulates a new park called "The Marshlands" for the City of Maplewood and offers the school(s) and surrounding communities several options for athletic playing fields and environmental and education activities. What we find admirable about the Marshlands Master Plan is that each of the organizations involved in the site have a rare opportunity to share and enhance an important and largely overlooked parcel of land. As the metropolitan region struggles to embrace an expected one million residents by 2030, according to Metropolitan Council estimates, the time to plan for and embrace open space is now. Maplewood, Oakdale and North St. Paul have been adding new residents and will continue to in the coming years, perhaps at a vastly escalated pace. By preserving part of this parcel for parkland and wetland improvements, the county and organizations participating will share the kind of farsighted wisdom shown by past community leaders who created a nationally acclaimed network of parks and trails in Ramsey and Hennepin counties. We endorse the following suggestions made by Ron Cockriel and his team of activists, architects, education and religious leaders: • Creation of 33.5 acres for a new city park bordering Holloway and Century avenues. • Improvements to the proposed parkland, including reconstruction and creation of wetlands to mitigate the loss of wetlands in a 20 -acre Minnesota Department of Transportation -owned parcel east of Century Avenue North. * Creation of a 20 -acre area on the MN -DOT site (now used to dump road waste) for use as athletic fields by the surrounding communities. The city of Maplewood would own the property. 2327 East Franklin Avenue • Minneapolis, MN 55406 Phone: 612- 659 -9124 • Fax: 612 -659 -9129 • www.northstar.sierractub.org Agenda Item 11 * An exchange of 4.5 acres of Ramsey County land on Sterling Street North for 4.5 acres of Hill- Murray property north of the school that could be added to the proposed parkland. • Construction of a new road to Larpenteur Avenue. • Construction of new trails to tie into existing Ramsey and Washington county trail systems. * Creation of an outdoor environmental classroom on the site near the Marsh and open spaces. Ron Cockriel has been a Sierra Club member for several years. He brought this issue to the attention of our committee two years ago (and later formerly joined it). With Ron's input, we developed our highly successful "Tour de Sprawl 2004" around land use issues in northern Ramsey County and Lake Elmo. The 22 -mile bicycle ride attracted more than 180 riders in September of 2004 and included a stop at the Mn -DOT site noted above. Ron has been a ceaseless advocate for a sensible solution for this site, presenting a more collaborative vision of its future at meetings of the Maplewood City Council several times. He has held, on his own and with the help of the Sierra Club, several community discussions focusing on the future of the property. By all accounts, most citizens prefer a solution offering a park and athletic fields rather one featuring a bus garage. Ron has identified other more environmentally sound and economically feasible sites for the proposed bus garage that would raise fewer objections from citizens in Maplewood, Oakdale and North St. Paul. It is rare to encounter a citizen activist who offers not just criticism but solutions to communities struggling to provide open space for their residents while weighing the benefits of development. We believe the proposal Ron has crafted with plenty of community input from dozens of experts, citizens and stakeholders — offers an opportunity for the interested parties to create a model of land use planning that will benefit future generations. Thanks for your time and consideration. Sincerely, Frank Jossi, Co -Chair Land Use and Transportation Committee Sierra Club North Star Chapter 2327 East Franklin Avenue • Minneapolis, MN 55406 Phone: 612- 659 -9124 • Fax: 612 - 659 -9129 • www.northstar.sierractub.org Agenda Item 11 From: anfsbh @aol.com Sent: Sunday, March 05, 2006 9 :07 AM To: Chuck Ahl Subject: MN DOT Property Dear Chuck Ahl, I will not be able to attend the March 13th Public Meeting in re: Vacant MnDOT Property at TH 5 and TH 120 - City File No. 03 -20. Just wanted to let you know that I am in favor or the plan proposed by Ron Cockriel. I would like to see this area preserved and also for Hill Murray to get part of it for parking and an athletic field. This is a much better plan than having a School Bus Garage on that property. Bus Garages should not be in close proximity of residences. Thank you. Anne Fosburgh 2516 E. Idaho Avenue Maplewood, MN 55119 Agenda Item 11 From: mike@lantemweb.com Sent: Monday, March 06, 2006 12:52 AM To: Chuck Ahl Subject: Vacant MnDot property Dear Mr. Ahl: We have been following the proposals for the MnDOT property alongside Century Avenue and would like to thank you for your clear and forceful presentation at the last Council meeting. We are unable to attend the hearing on March 13, 2006, and are writing instead to voice support for the Hill - Murray proposal for parking and athletic fields. We live one block south of the Hill- Murray site and find the school to be a good neighbor and a positive element of the Maplewood community. We were delighted a while back when we learned that they had decided to stay at their present location even though they are in need of some more space. If approved, their current proposal will relieve the onstreet parking which now occurs along Larpenteur, creating a safer and less restricted pathway there. In addition, the athletic fields they envision will benefit kids from Maplewood as well as Oakdale and other neighboring communities. These proposed improvements are long overdue for this idle area and will enrich the reputation that Maplewood earns as host to an exceptional academic institution. Please pass on to the Council our strong support for the Hill- Murray development proposal. Mike and Judith Franey 2515 Idaho Avenue East Maplewood, MN 55119 651 - 747 -1303 Agenda Item 11 v INC* s stem . r 570 MT. CURVE BOULEVARD ST. PAUL, MN. 55116-1168 February 28, 20 Chuck Ahl PE Public Works Director ,LJ Ma lev^ood 1 830 Fast County Road St. Paul. MIN 55108 Pe: Status of Wetland Delineatinn for the Proposed ISD 622 Bus Facility Dear Mr. Ahl, The ISD 622 Bus Facility wetland delineation and all proposed elements have been coordinated with the Rarnse NV #ashington County Watershed District over the past years. The results have been reviewed with Toni Peterson with the Ramsey Count VVCD Office, Mar . ernes with the �1NtPCA, and Torn Fell with the C orp of E ngineers. The DNP are not involved because there are no protected eaters. The coordination started with a de Of existing wetlands and compared them with aerial l OtOgr r`i i for v r 1;� 0 and l i witch `1 .i . ii ed i ^ v idea st eAsting wetlands before MN/DOT graded the site. We reviewed this with Curt Ekinger and staff Of the Rarnsey -luAlashington Metro Watershed District to determine which wetlands were natural and which were created. The wetland boundaries from the 1957 aerial photograph were overlaid on those wetlands created by grading the interchange t determine the wetland that are protected by state and federal law. Those wetlands not overlapped by the 4 1957 map are not considered natural wetlands that need t0 be mitigated by state or federal lay, The Bus Facility was located on the northeast corner of the site to minimize its impact to the wetlands. The total impact to protected wetlands for the Bus Facility is ,22 acres of protected wetlands. Mitigations of .50 acres of the same type wetland will de within the same drainac e district on land the ISD 622 currently €errs. The only agencies that have wetland permit approval authority are the Parise / `ount � Watershed District and the COr s of Engineers Offices, both offices have given preliminary approval of the wetland delineation procedures Used in the evaluation f f e p ro p o s ed site. S in A dr' J. 361fis P e t Consultant enn Sullivan, 11 622 Director k Pafo, MN /IT PHONE (612) 699 -6629 TOLL FREE (888) 699 -6629 FAX (612) 698 -8613 �cra® Agenda Item 11 " x DEPARTMENT OF THE ARMY i. ST. PAUL DISTRICT, CORPS OF ENGINEERS 190 FIFTH STREET EAST ST. PAUL, MN 55101 -1638 ' . REPLY TO ATTENTION OF Operations December 13, 2005 Regulatory (2005- 5420 -TJF) Mr. Brad Kovach SEH, Inc. 3535 Vadnais Center Drive St. Paul, Minnesota 55110 -5196 Dear Mr. Kovach: This is in response to the wetland delineation report you submitted for the Hill Murray School/MnDOT site, just west of Trunk Highway 120. The project site is located in the SE /4 of Section 13, T29N, R22W, Ramsey County, Minnesota. We have reviewed the wetland delineation report you provided. Previously we were provided a copy of a map from an earlier report prepared by Svoboda Ecological Resources for the eastern portion of this site (see attached map). Based on that map it appears that your designation of most of the wetlands as being "incidental" may not be entirely accurate. It appears that portions of many of the wetlands were present before grading /filling /excavating activities by MnDOT. The Corps does not have term similar to "incidental wetlands" within its regulations; and therefore we would likely consider the current wetlands on the site to be alterations or expansions of wetlands the previously existed on the site. It appears these wetlands would be considered as part of the tributary system of a watercourse that flows north and westward toward Kohlman Creek, and ultimately into Lake Phalen and through the city storm sewer system to the Mississippi River. Pursuant to Section 404 of the Clean Water Act, the Corps of Engineers has regulatory jurisdiction over the discharge of dredged and fill materials, including discharges associated with mechanical land clearing, in all waters of the United States, which includes most wetlands. Receipt of a permit from a state or local agency does not obviate the requirement for obtaining a Department of the Army permit for discharges into jurisdictional waters /wetlands. If you have any questions, contact Tim Fell at (651) 290 -5360. In any correspondence or inquiries, please refer to the Regulatory number shown above. Sincerely, Robert J. Whiting Chief, Regulatory Branch Enclosure Agenda Item 11 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant /Agent: SEII, Inc. IFile Number: 2005- 5420 -TJF Date: Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission) A PROFFERED PERMIT (Standard Permit or Letter of Permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http: / /usace. army. mil /inet/fanctions /cw /cecwo /reg or Corps regulations at 33 CFR Part 331. A. INITIAL PROFERRED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approve jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C. PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D. APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E. PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. Agenda Item 11 SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION If you have questions regarding this decision and /or the appeal If you only have questions regarding the appeal process you may also process you may contact: contact: Tim Fell Division Engineer U. S. Army Corps of Engineers, Regulatory Branch c/o Martha S. Chieply, Appeal Review Office 194 Fifth Street East CEMVD St. Paul, Minnesota 55101 -1638 P. O. Box 80 (651) 290 -5360 Vicksburg, MS 39181 -0080 Telephone (601) 634 -5820 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date. Telephone number: , Signature of appellant or agent. Agenda Item 11 From: Clifton Aichinger [cliff @rwmwd.org] Sent: Monday, August 29, 2005 3:29 PM To: Chuck Ahl Cc: tina carstens Subject: Hill Murray Development Proposal. Chuck - I wanted to communicate directly with you to clarify our position regarding the competing proposals for the Hwy. 5 /Century Ave. MnDOT property. I want to be clear that the District is not favoring any specific proposal for the use or reuse of this property. Any user of this property will be required to obtain a District grading and Wetland Conservation Act permit. A wetland delineation has been completed for the site and we have generally agreed to its findings. Depending on the specific development plans. they will have to prepare a sequencing argument and the appropriate plan for wetland avoidance, minimization and mitigation of any wetland impacts. The development will also require a District grading permit and be required to provide necessary stormwater rate and quality improvements. To be clear, we have no specific objections to the Hill Murray plan to provide a new access road to the school and additional athletic fields on the MnDOT land. We also have not specific objections to the previous proposal for the ISD 622 School Bus Facility and continued MnDOT use of the land. I have not authorized and other person to represent the position of the District on this matter and no person should make this claim. Until such time as there is a more specific proposal for the use of this property, the District will not be presenting any different position than is stated above. Please feel free to contact me if there is any current or future confusion regarding our position, role or authority in this issue. Sincerely, Cliff Aichinger Agenda Item 11 IM Tim Fell, Corp of Engineers r 6— enda Item 11 iffi D '425 Paul Kirkwold Highway 96 & Hanuine Aversue Arden TVIN 551 Teiephonc 65 Fax 65 1-266-72 6 January 25, 2006 Mr. Chuck Ahl Director of Public Works City of Maplewood I 1 830 E. County Rd. B Maplewood, MN 55109 Dear Mr. Ahl: Per your request, the following is clarification of the Ramsey Conservation District's (RCD) concerns regarding the proposed school bus facility near Century and Holloway in Maplewood. The attached letter was sent to Greg Mack of Ramsey County Parks and Recreation and Richard Fursman, Maplewood City Manager. The RCD continues to have concerns with potential impacts the proposed land use will have on both onsite wetlands and adjacent wetlands. With the history of wetlands at this location prior to MN DOT's filling (we have aerial photos dating back to 1937), much of this site may make an excellent area for wetland mitigation. Typically, it is easier to recreate a wetland than to create wetland within a non-wetland area. MN DOT is required to mitigate wetland loss as part of its road activities throughout the State. This land may make an excellent mitigation site for them. Also unique to this site is the large expanse of publicly owned wetland adjacent to this 6 w dan site. With proper planning and managemvri�t, this area could become a pierm r cl. complex for the public to enjoy. In addition, based on what I heard at the January 23 public hearing, it appears there may be several MN Wetland Conservation Act (WCA) procedural issues with this proposal. For example, wetland avoidance, minimization of wetland impacts, etc. To date, no official WCA technical evaluation panel has been called to assess this proposal. This is a critical step in wetland regulation under the MN WCA. I would offer the RCD's assistance with this or any other wetland issue in the City. Wetland conservation/stewardship is a major component of our program. I can be reached at 651-266-7272. Rainsey Co- District Agenda Item 11 Sincerely, Tom Petersen District Manager Cc. Joe Fox, RCD Board of Supervisors Agenda Item 11 Ramsey Soil and Water Conservation District 2015 Rice Street Roseville, MN 55113 -6814 Fm: 651 Telephorie 651,'488 -1476 June 14, 2004 Mr, Greg Mack Director Ramsey Co. Parks and Rec. Dept. 2915 Van Dyke Ave. Maplewood, MN 55109 Dear Mr. Mack: The Ramsey Soil and Water Conservation District Board of Supervisors is aware of a land development proposal that could impact Ramsey County Open Space near the intersection of Holloway and Century Avenues in Maplewood. We have concerns regarding potential environmental impacts both to the affected property and adjacent public property under Ramsey County's stewardship. it is our understanding that the City of North St. Paul and the Maplewood, North St. Paul, Oakdale School District plan to construct a school bus depot /public works garage facility on the aforementioned property, which is currently managed by MN DOT. Some of the development site is currently wetland and would be impacted. This site is also part of a greater wetland complex owned by Ramsey County. In addition to the direct impacts to wetlands on MN DOT property, we feel the proposed land use will not be compatible with the surrounding County property and will impact the wetlands. Ramsey County has lost more than 80% of its original wetland land base. As a result, lake and stream water quality has deteriorated and flooding is commonplace. Recognizing the importance of wetlands in managing our urban landscape, the Ramsey SWCD has a long - standing policy to promote a "net wetland gain" within Ramsey County. At the very least, we hope that the adjoining land belonging to the citizens of Ramsey County can be protected from the impacts of this proposed project. If you have any questions, please contact our District Manager, Torn Petersen (651 -488 -1476 ext. 11 }. Sincerely, Joe Fox Chair of the RSWCD Board of Supervisors Agenda Item K1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Kenwood Area Street Improvements, Project 05 -16 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll DATE: March 3, 2006 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10 :00 a.m., Friday, April 14 2006. Award of bids would be considered by the city council at the April 24, 2006, city council meeting. Following the approval to advertise for bids, the next step in the improvement process is to prepare the assessment roll. Background Only costs related to the street improvements are proposed to be assessed, and are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as was outlined in the feasibility study. Discussion The majority of the streets within the Kenwood neighborhood have no existing curb and gutter. It is proposed that concrete curb and gutter be installed on these streets. Several of the streets (Eldridge Ave., Belmont Lane, Greenbrier St., and Burke Ave.) within the Kenwood project already have curb and gutter. During the neighborhood meetings, staff offered two options to the residents on streets with concrete curb. The first option was to completely remove all of the existing curb and reconstruct the street to the city standard of 32 feet wide as the existing street is 36 feet wide. The second option was to retain the existing curb and gutter, keep the street width at 36 feet and only replace the pavement section. An overwhelming majority of residents preferred to keep the street at 36 feet wide and the existing curb. Staff has designed these streets for pavement replacement with the existing curb. Drainage improvements are proposed throughout the neighborhood as very little storm sewer and water treatment areas exist. A pond is proposed at the corner of Payne Street and Roselawn Avenue. Staff has had several positive discussions with the affected property owner regarding the proposed pond. A larger treatment pond is planned for just west of Keller Lake within Ramsey County property. Currently runoff from the neighborhood flows directly into Keller Lake without any treatment. The new pond will treat runoff and improve the quality of flow into Keller Lake. Ramsey Washington Metro Watershed District will be financing the construction of the pond, and Ramsey County has agreed to allow the pond on their property. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the Kenwood Area Street Improvements, Project 05 -16: Approving Plans and Advertising for Bids and Ordering the Preparation of the Assessment Roll. Attachments 1. Resolution Approving Plans and Advertising for Bids 2. Resolution Ordering Preparation of Assessment Roll 3. Location Map Agenda Item K1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS WHEREAS, pursuant to resolution passed by the city council on December 12 2005, plans and specifications for Kenwood Area Street Improvements, Project 05 -16, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least ten days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 14th day of April, 2006, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council will consider the bids, and the award of a contract, at the regular city council meeting of April 24 2006. Agenda Item K1 RESOLUTION ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer will receive bids for the Kenwood Area Street Improvements, City Project 05 -16. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. I I \I V w VIKING DR. n LLJ 0 1 ry Li < ui 0 3: LAURIE CT. < n ui BURKI u� 7u 'qv--AVE. ELDRIDGE cn Oehrline BELMONT La ke cn AVE. SKILLMAN AV. 0 2 cr_ < (Y ry CK, M C/) M z Edgerton Park >- W < w Li III ry n " n -1 0 ROSELAWN AV. -i I BELLWOOD n 0 SUMMER 0 0 CT. i, i - 3: 1 D ry ui. Lu A < Y TRAIL RIP LEY AV- GATE ® PROPOSED STREET IMPROVEMENT BURKE CT Maplecrest Park AVE. IF 4� N KEN 'OOD LN. 0 �D Keller 61 11-1 Exhibit 1: Project Location Kenwood Area Street Improvements City Project 05-16 Agenda Item K2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer SUBJECT: Carver Crossings Improvements (formerly CoPar Development) -- City Project 05 -07 — Approve Resolution Receiving Environmental Assessment Worksheet (EAW) and Authorize Distribution for Review DATE: March 6, 2006 INTRODUCTION On March 14, 2005, the city council authorized the preparation of an Environmental Assessment Worksheet (EAW) for the proposed development of the former Schlomka property by the CoPar Development Company. The project is called Carver Crossing and the EAW has been completed and is ready to be routed for public comment. The EAW was prepared by one of the City's consultants, Kimley- Horn and Associates, Inc. (KHA), SEH, Inc. City staff has conducted a preliminary review of the document and suggested a number of changes. Those changes have been made, and the final draft document is available for review. A resolution authorizing distribution of the EAW for public comment is recommended. Background The EAW was ordered for this project area due to concerns for the impacts of the proposed 386 unit development. At the time of the order, staff suggested that the EAW could provide significant findings that could require a substantial revision to the proposed site plan. The EAW found significant issues with site development and the developer has been cooperative in revising their plans to accommodate and address the environmental concerns. The long preparation time for the EAW and development plan process is due to the findings and developer revisions. The findings have required that the developer reduce the proposed site from the original planned unit count of 386 units to the current plan of 299 units. The 299 units are the lowest development level provided within the Maplewood Land Use plan at 4.1 units per acre. Background on EAW Process The EAW cannot be adopted at this time, as it is a draft document. The environmental review process requires the council to review the document and authorize distribution to agencies as well as provide public notice that the document has been prepared. The council must allow at least 30 days for reviewers to analyze the draft EAW document and provide their comments. Governmental reviewers must be granted an additional 15 -day extension if a written request is submitted for good cause. The current schedule calls for a formal public review of the final EAW at the first council meeting of May 2006. Attached is a copy of the EAW for Council Review. Full copies of the EAW will be available at the Ramsey County Library, City Hall, and on the City's website for the public to inspect and comment. EAW and Development Process Schedule City Council Receives EAW/Authorizes Publishing March 13, 2006 Planning Commission Receives EAW March 20, 2006 Neighborhood Meeting (6 :00 - 8:04 PM @ Fire Station) March 30, 2006 EAW Comment Deadline April 12, 2006 Prepare Responses to Comments and Draft Apr. 13 - Apr. 21, 2006 (2) Findings of Fact Document Agenda Item K2 EAW and Development Process Schedule (continued) Planning Commission Receives Response to Comments/ Findings of Fact Document Development Plans to Planning Commission /Public Hearing City Council Determines Need for EIS * - Distribute Response to CommentslFindings of Factl Negative Declaration Resolution Document City Council Authorizes Preparation of Feasibility Report for Public Improvements City Council Receives Feasibility Report for Public Improvements, Calls Public Hearing and Authorizes Preparation of Plans and Specifications Public Hearing for Public Improvements Start Construction for Improvements (assumes approvals) Schedule Notes: May 1, 2006 May 1, 2006 May 8, 2006 May 9 - May 19, 2006 May 8, 2006 (3) May 22, 2006 June 12, 2006 August 7, 2006 (5) 1. Assumes that no significant comments are received that require additional analysis and /or controversial issues are raised as a part of the comments. 2. Developer will be required to provide the City with a security for the engineering fees required to initiate the public improvement process before the City starts work. RECOMMENDATION It is recommended that the City Council adopt the attached resolution that receives the EAW for the Carver Crossing Development Proposal and authorizes distribution of the EAW according to the Environmental Quality Board (EQB) distribution list and establishes a 30 -day comment period. Attachments: 1. Carver Crossing EAW (Complete copy of EAW provided to City Council.) 2. Resolution 3. Location Map Agenda Item K2 Carver Crossing of Maplewood Maplewood, Minnesota Environmental Assessment Worksheet Responsible Governmental Unit City of Maplewood (CP 05 -07) Project Proposer CoPar Development, LLC February 2006 Agenda Item K2 Revised 2105 ENVIRONMENTALAsSESSMENT WORKSHEET Note to preparers: This form is available at http:llwww.egb.state.mn.us EAW Guidelines will be available in Spring 1999 at the web site. The Environmental Assessment Worksheet provides information about a project that may have the potential for significant environmental effects. The EAW is prepared by the Responsible Governmental Unit or its agents to determine whether an Environmental Impact Statement should be prepared. The project proposer must supply any reasonably accessible data for — but should not complete — the final worksheet. If a complete answer does not fit in the space allotted, attach additional sheets as necessary. The complete question as well as the answer must be included if the EAW is prepared electronically. Note to reviewers: Comments must be submitted to the RGU during the 30 -day comment period following notice of the EAW in the EQB iFfonitor. Comments should address the accuracy and completeness of information, potential impacts that warrant further investigation and the need for an EIS. 1. Project title: Carver Crossing of Maplewood - Senior Housing Development 2. Proposer: CoPar Development, LLC Contact person: Mr. Tom Hansen Title: President Address: 8677 Eagle Point Blvd. City, State, ZIP: Lake Elmo, MN 55042 Phone: 651- 379 -0500 Fax: 651- 379 -0412 E -mail thansen@�),CoparCompanies.com 3. RGU: City of Maplewood Contact person: Mr. Charles Ahl, P.E. Title: Public Works Director /City Engineer Address: 1902 County Road B East City, State, ZIP: Maplewood, MN 55109 Phone: 651- 249 -2400 Fax: 651-249-2409 E -mail: chuck.ahl(a�ci.maplewood.mn.us 4. Reason for EAW preparation (check one) ❑EIS scoping ❑Mandatory EAW ❑Proposer volunteered ❑Citizen petition ®RGU discretion The proposed development plan is consistent with the density allowed by the comprehensive plan (4.1 units/acre) and offers a variety of multiple dwelling products that the City may allow in low - density areas with a planned unit development. A comprehensive plan amendment is being sought to provide clarity about the mix of proposed multiple dwellings within the development. If EAR' or EIS is mandatory give EQB rule category subpart number and subpart name 5. Project Location County: Ramsey City /Township: Maplewood Southeast 1 /4 NW �/4 Section 24 Township 28 N Range 22 W North z SW 1 /4 Section 24 Township 28 N Range 22 W Attach each of the following to the EAW: • County map showing the general location of the project (Figure 1); • U.S. Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (Figure 2); • Site plan showing all significant project and natural features (Figures 3 -12); 6. Description a. Provide a project summary of 50 words or less to be published in the EQB Monitor. The Developer proposes a senior housing development with 299 units on approximately 70 acres of Agenda Item K2 land. The land that will be developed is in the City of Maplewood located west ofA94and south of Carver Avenue. The senior housing development would include detached homes, attached |onmhooes. mudnoodoozmimns. b. Give u complete description uf the proposed project and related new construction. Attach additional sheets as necessary. Emphasize construction, operation methods and features that will cause physical manipulation w[ the environment arwiUprwduom~°umtcm'Xuo|odemnwdificutknmh. existing equipment oriodmmtrlu|precmwwmmuudmigmifioumtdcmneUdwo,romnovu|ornmmnodmUngof existing structures. Indicate the timing and duration of construction activities. The location of the proposed prqiect is located just west of 1-494 and south of Carver Avenue in the southern part of the City of Maplewood (Figures 3 and 4). The proposed project is a senior housing development that will include 299 residential units. The planned density n[ the development in approximately 4.1 units per acre. Senior residents will be able to choose from detached homes, attached \o)vnhonea, mid condominiums. Residents must bc55yrurso/ age urolder. The total okudyuouio73 acres. The development will occur ou70 acres of private land. 4 three acre parcel that runs through the middle of the study area and includes Fish Creek has also been included in the study. This parcel in included so that impacts on Fish Creek and the steep slopes associated with the creek can be assessed. The three acre parcel iy owned Ly Ramsey County Parks and Recreation. The construction associated with the proposed development is expected to continue over several years. Construction activities A4U include grading, infrastructure installation, and construction o[the residential units. The required project infrastructure, including utilities, roadway, and storm drainage facilities are phouul|obe completed io approximately one year. This schedule will reduce the duration of site construction and allow the site to be seeded which will reduce erosion and associated potential impacts iu the adjacent wetlands and Fish Creek. For purposes o[ representing potential traffic issues for the Traffic Study, development iousournedWbe completed in five years orthe end of20|0.The construction of the residential units Mll be market driven and is anticipated to last between three and five years. Construction activities are projected N begin io2006. c. Explain the project purpose; if the project will be carried out by a governmental unit, explain the need for the project and identify its beneficiaries. The purpose of the development is to create housing specifically for seniors. This development will bc set up so that residents must be fifty-five years of age or older to reside in the development. The development is planned to include detached homes, attached townhomes, and condominiurns vdiich will allow senior residents to have a choice in the type of residence that best fits their needs. This variety oy options will also allow them to stay within this development through various stages of their retirement. The location provides easy access to a variety of amenities within the Twin Cities metropolitan area while still providing a location that is beautiful with its wetlands, hills, and trees. There currently are eleven senior housing developments in the City o[Maplewood. These are all located considerably north of the proposed location. The senior housing development located closest |o the proposed site and within the City of Maplewood ia located over five miles to the north. The proposed development would provide better coverage o[ senior housing across the City of Maplewood. d. Are future stages of this development including development on any outlots planned or likely to happen? Yes X No If yes, briefly describe future stages, relationship to present project, timeline and plans for environmental review. e'Um this project u subsequent stage w[uu earlier project? __Yes X�No Uf yes, briefly describe the past development, timeline and any past environmental review. Agenda Item K2 7. Project magnitude data Total project acreage 73.2 acres Number of residential units: 93 unattached 206 attached 59 maximum traits per building Commercial, industrial or institutional building area (gross floor space): 0 total square feet Indicate areas of specific uses (in square feet) Office NA Manufacturing NA Retail NA Other industrial NA Warehouse NA Institutional NA Light industrial NA Agricultural NA Other commercial (specify) NA In Process Building height 50 feet If over 2 stories, compare to heights of nearby buildings Two condominium buildings are proposed. One building will have 59 units and the other will have 58 units. These units will be occupied by the owners of the individual units. These condominium buildings will be three stories each and 50 feet in height. The buildings will be located on a portion of the proposed site that is lower in grade. The final grade at the proposed location of the condominiums will be over 30 feet lower than the ground elevation near the single family units located to the south and west of the condominiums. 8. Permits and approvals required. List all known local, state and federal permits, approvals and financial assistance for the project. Include modifications of any existing permits, governmental review of plans and all direct and indirect forms of public financial assistance including bond guarantees, Tax Increment Financing and infrastructure. UNIT OF GOVERNMENT TYPE OF APPLICATION ISTATUS State Minnesota Pollution Control Agency (MPCA) National Pollution Discharge Elimination System Permit To be applied for Extension of Sanitary Sewer To be applied for Minnesota Department of Health Abandonment of Water Well In Process Watermain Extension & Testing To be applied for Minnesota DNR Groundwater Appropriation Permit LITo be determined Minnesota Department of Transportation Approval of storm sewer revisions To be applied for Regional Ramsey - Washington Metro Watershed District Grading and Erosion Control Permit To be applied for Metropolitan Council Comprehensive Guide Plan Change To be applied for Connection Permit - Sanitary Sewer Service Connection To be applied for Local City of Maplewood Plat Approval To be applied for Comprehensive Plan Amendment To be applied for Planned Unit Development Approval To be applied for Site Plan Review To be applied for Grading, Excavation, and Foundation Permits To be applied for Building Permits To be applied for Utility Permits To be applied for Environmental Determination In Process Ramsey- Washington Metro Watershed District WCA Wetland Permit Floodplain Review To be applied for To be submitted Agenda Item K2 The majority of the public infrastructure vN411 be funded by assessments to the City by the benefiting property owners. Some City funds will be used to finance public improvements that benefit an area greater than the proposed development. 9. Land use. Describe current and recent past land use and development on the site and on adjacent lands. Previous Land Use: The majority of the property has been owned for at least 100 years by the Schlomka family prior to purchase by CoPar Development, LLC (Phase I Environmental Site Assessment, Summit Envirosolutions .Tiny, 2005. Until recently, parts of the property were used for agricultural purposes. The aerial photos show relatively little change to the subject property between 1937 and 2003. Recent aerial photos show that the land has returned to a natural state and no agriculture cultivation has occurred. The aerial photos indicate that the surrounding land use has continued to experience an increase in residential growth over time. Current Land Uses: The City of Maplewood's existing zoning and land use information is shown in Figures 5 and 6, respectively. The zoning maps show that all parcels within the study area are zoned as Farm Residential which matches the prior land uses on the property. The land use map shows that all parcels within the project area, except the parcel along Fish Creek, are listed as single dwelling residential. The project site is currently unoccupied except for two parcels located immediately south of Carver Avenue and west of Henry Road. These are both single family dwelling units that have access directly onto Carver Avenue. Prior to purchase by CoPar Development, LLC, there were four single family residences and agricultural related structures located within the project area. The land has not been tilled in several years so the land itself has remained relatively unchanged in recent years. It consists of grassland, wooded, and wetland areas. There is one parcel identified on Figure 3 that is owned by Ramsey County Parks and Recreation that runs east -west throughout the majority of the project site. The proposed development will not impact this public land, which is currently used for deer management. In addition, there are several drainage structures controlled by Ramsey County that will require access to this property. Land use activities adjoining the property include the following: • North Carver Avenue borders the property on the north. Land use within 1 /2 mile is primarily residential. The City of Maplewood owns land that is designated as open space just north of Carver Avenue. • East Interstate 494 borders the property on the east. Land use within '/z mile is primarily residential. • West Land use between the property and TH 61 is primarily residential with several parcels owned by Ramsey County Parks and Recreation. • South The land to the south is owned by Ramsey County Parks and Recreation and is currently open space land. This parcel is used for deer management. Agenda Item K2 Discuss project compatibility with adjacent and nearby land uses. The proposed project is a continuation of the development patterns of the last 30 years experienced to the north of Carver Avenue in South Maplewood. The land use and zoning for the project site and surrounding area are shown in Figures 5 and 6, respectively. As noted above, land use within one -half mile of the project site is primarily residential. Indicate whether any potential conflicts involve environmental matters. Individual impacts are identified in their respective sections. Identify any potential environmental hazards due to past site uses, such as soil contamination or abandoned storage tanks, or proximity to nearby hazardous liquid or gas pipelines. In July 2005, Summit Envirosolutions completed a Phase I Environmental Site Assessment (ESA) on the project site. The Phase I ESA was performed in general accordance with the scope and limitations of ASTM Practice E1527 -00. The Phase I ESA concluded the following: Two underground storage tanks (USTs) formerly dispensing heating oil are present. These tanks are considered to be a Recognized Environmental Condition (REC) because the condition of the tanks and the age of the tanks are unknown. Recommendation Test soil near each area where these USTs are located for potential pollutants. Properly excavate and remove all USTs and provide proper documentation of all USTs removed. Several USTs and aboveground storage tanks (ASTs) were identified in various dump locations. These tanks are considered to be a REC because the condition and age of the tanks are unknown. Recommendation Test soil near each area where these ASTs and USTs were dumped for potential pollutants. A stockpile of treated poles was observed on the property. Based on the chemicals used in the treatment process and the unknown length of time the pile has been located on the property the stockpile is considered to be a REC. Recommendation Collect soil samples near the treated pole stockpile to determine the potential for impacts to the subsurface. Two 55- gallon barrels containing unknown quantity of unknown liquid. These are considered to represent a REC because the contents are not known. Recommendation The unknown liquid in the barrels needs to be properly characterized for disposal through sample tests. There were numerous solid waste dump areas containing unknown quantities of mixed waste. Because the composition and quantities of the material within the dump areas are not know the solid waste areas represent a REC. Recommendation Collect soil samples from the solid waste dump areas based on the identified materials within each dump pile to determine the potential for impacts to the subsurface. Recommendation: For all items where removal have not been addressed previously, conduct a walk through of the site with a solid waste contractor to further identify and characterize the solid waste dump locations and have all waste disposed of properly. Agenda Item K2 A comprehensive asbestos survey was not conducted as part of the Phase I ESA, but based on the construction dates of many of the buildings, the potential for asbestos - containing building materials is present. Red Pine Industries of Roseville, Minnesota has been contracted to conduct a hazardous materials survey of the buildings at the site. There is an existing gas pipeline that is located on the northeast portion of the property. Easements on the ALTAIACSM Land Title Survey completed by MFRA reference an easement for Great Lakes Pipe Line Company and Williams Brothers Pipe Line Company. Summit Envirosolutions has been contracted to continue their work on the property and conduct the Phase 11 ESA. The work associated with the Phase II ESA has commenced. The Phase 11 ESA is being completed based on the recommendations presented above in the Phase I ESA. Findings from the Phase II ESA will determine the specific mitigation required on the project site. Red Pine Industries has conducted the hazardous materials survey and performed the abatements necessary; all homes and structures on the site excluding the recently vacated 2410 and currently occupied 2390 Carver Avenue homes have been properly demolished by a licensed demolition contractor. 10. Cover types. Estimate the acreage of the site with each of the following cover types before and after development: * - Includes 0.43 acres of replacement wetlands (excludes proposed permanent dual purpose basins and rain gardens). ** - Includes the 0.44 acre of proposed rain gardens. 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. Figure 4 shows an aerial of the project site. Grassland Within the project boundary, approximately 34.0 acres is open /grassland. Grasslands provide habitat for species such as pheasant, snakes, meadow lark, field sparrow, cottontail rabbit, red fox, and woodchuck. The grasslands are also likely used as foraging areas for raptors. The proposed project would convert 32.1 acres of the grassland to impervious surface and urban landscaping. This would result in habitat loss for a variety of species. Many of the wildlife species that currently inhabit the project site would be displaced. Before (Acres) After (Acres) Types 1 -8 Wetlands 7.3 7.6* Lawn/Landscaping 5.1 27.3 Wooded /Forest 26.0 10.6 Impervious Surfaces 0.8 23.6 Brush/Grassland 34.0 1.9 Cropland 0.0 0.0 Retention Pond 0.0 2.2 ** TOTAL 73.2 73.2 * - Includes 0.43 acres of replacement wetlands (excludes proposed permanent dual purpose basins and rain gardens). ** - Includes the 0.44 acre of proposed rain gardens. 11. Fish, wildlife and ecologically sensitive resources a. Identify fish and wildlife resources and habitats on or near the site and describe how they would be affected by the project. Describe any measures to be taken to minimize or avoid impacts. Figure 4 shows an aerial of the project site. Grassland Within the project boundary, approximately 34.0 acres is open /grassland. Grasslands provide habitat for species such as pheasant, snakes, meadow lark, field sparrow, cottontail rabbit, red fox, and woodchuck. The grasslands are also likely used as foraging areas for raptors. The proposed project would convert 32.1 acres of the grassland to impervious surface and urban landscaping. This would result in habitat loss for a variety of species. Many of the wildlife species that currently inhabit the project site would be displaced. Agenda Item K2 Wetlands The project site includes 7.3 acres of wetlands (Figure 7). The site wetlands provide wildlife habitat. The proposed project would alter the existing wetlands as described in Response 12. Woodlands The project site currently includes 26.0 acres of woodland. On the private land, located north of the parcel owned by Ramsey County Parks and Recreation, the majority of the trees are located on the northwest corner and along the west property line. The parcel owned by Ramsey County Parks and Recreation is heavily wooded along both sides of Fish Creek. The wooded areas on private land south of the Ramsey County Parks and Recreation parcel are primarily located on the southwest and southeast corners and on the north quarter of this area. Trees and associated woody understory plants provide cover and food for wildlife such as white - tailed deer, woodcock, thrushes, vireos, woodpeckers, squirrel, and raccoon. The project would change 15.4 acres of wooded area to impervious surface and urban landscaping. Woodland impacts would be mitigated by the City ordinance requiring tree preservation. The ordinance states "If large trees are cut, the density of trees shall be restored to that which existed before development, but in no case shall the applicant be required to raise the density above ten trees per acres, unless part of a required planting screen." A large tree is defined in Maplewood Code as "a healthy tree that has a trunk diameter, four feet above the ground, of at least eight inches, other than a box elder, cottonwood, poplar, or any other undesirable tree, as determined by the Director of Community Development." A tree preservation plan was completed by Alliant Engineering that identifies all trees eight inches in diameter or larger. A copy of this plan is included in Appendix C. This plan shows that 215 trees will need to be planted to fulfill the ten trees per acre ratio required by Maplewood Code. Overall, development of the Project Site is not anticipated to cause substantial impact on the general wildlife population of the region. b. Are any state - listed (endangered, threatened or special concern) species, rare plant communities or other sensitive ecological resources such as native prairie habitat, colonial waterbird nesting colonies or regionally rare plant communities on or near the site? X Yes _No. If yes, describe the resource and haw it would be affected by the project. Indicate if a site survey of the resources has been conducted and describe the results. If the DNR Natural Heritage and Nongame Research program has been contacted give the correspondence reference number: Describe measures to minimize or avoid adverse impacts. A Minnesota Natural Heritage Information System Data Request Form was sent to the Minnesota Department of Natural Resources on June 9, 2005 for investigation of the site (correspondence reference number: ERDB 20050919). The letter of response to this request can be found in Appendix B of this Environmental Assessment Worksheet. Based on the review of the Minnesota Natural Heritage database, there are eight known occurrences of rare species and several native plant communities within a I mile radius of the project area. These occurrences, however, are all outside the project area. Table 1 identifies the element name for each of the eight occurrences. The majority of the occurrences are located west of the proposed site and are located near the Mississippi River. Table 1 lists the species included in the database search for this project. Agenda Item K2 Table 1 – Name of Element Listed in Minnesota Natural Heritage Database Name of Element* Colonial Waterbird Nesting Site Liparis Lilifolia (Lilia- Leaved Twayblade) Haliaeetus Leucocephalus Winter Roost Site Scirpus ClintonII (Clinton's Bulrush) Cycleptus Elongates (Blue Sucker) Falco Peregrinus (Peregrime Falcon) Emydoidea BlandingIl (Blanding's Turtle) Polyodon Spathula (Paddlefish) * - None of the identified elements are located within the project area. The Minnesota County Biological Survey has identified a "Site of Moderate Biodiversity Significance" to the west and south of the project area. Although this area is primarily outside of the project boundaries, construction activities could indirectly impact the identified Oak Forest and Oak - Woodland Brushland plant communities. The letter from the Minnesota DNR states that "Although these communities are primarily outside the project area, it is possible that actions on the project site could affect them through runoff, isolation/fragmentation, or the introduction of invasive non - native species. To mitigate potential impacts, the Minnesota DNR recommends a buffer zone of native vegetation be created between the threatened communities and the new development. The Developer will work with the City to minimize impacts to this area and develop appropriate mitigation based on the City's Tree Preservation Ordinance. 12. Physical impacts on water resources. Will the project involve the physical or hydrologic alteration — dredging, filling, stream diversion, outfall structure, diking, and impoundment — of any surface waters such as a lake, pond, wetland, stream or drainage ditch? X Yes _ No If yes, identify water resource affected and give the DNR Protected Waters Inventory number(s) if the water resources affected are on the PWI. Describe alternatives considered and proposed mitigation measures to minimize impacts. Two Wetland Delineation Reports were completed by MFRA, Inc. in September, 2004 and July, 2005. The project site includes four wetlands and all of which are located toward the northern end of the site (Figure 7). At the north end, two adjacent wetlands cover approximately 0.84 acre. Wetland 1, is located on the northwest corner of the project site and is 0.25 acre in size. Wetland 2, located east of Wetland 1, is 0.59 acre in size. Wetlands 1 and 2 are separated by an existing driveway. To the south of these wetlands, Wetland 3 covers an area of approximately 6.28 acres. Wetland 4, located between Fish Creek and Wetland 3, is 0.20 acre in size. Site construction will impact 0.2 acre of Wetland 4. Wetland impacts will be mitigated on site at a minimum 2:1 replacement ratio as required under Wetland Conservation Act Rules. Since the exception limits are being exceeded, a Wetland Conservation Act (WCA) permit will be required. Wetlands 3 will be expanded to the northwest, resulting in an additional 0.43 acre of on -site wetlands. The mitigation is being created adjacent to the remaining wetlands, resulting in larger, higher quality basins that will also provide a contiguous and protected wildlife area. The proposed project will incorporate erosion control and ponding to minimize potential water quality impacts. Erosion control and surface water treatment will be addressed in Responses 16 and 17. Agenda Item K2 13. Water use. Will the project involve installation or abandonment of any water wells, connection to or changes in any public water supply or appropriation of any ground or surface water (including dewatering)? X Yes _No If yes, as applicable, give location and purpose of any new wells; public supply affected, changes to be made, and water quantities to be used; the source, duration, quantity and purpose of any appropriations; and unique well numbers and DNR appropriation permit numbers, if known. Identify any existing and new wells on the site map. If there are no wells known on site, explain methodology used to determine. Existing Wells The Phase I ESA for the project identified two private wells (Figure 7). One well, 200 feet deep, is located adjacent to the 1501 Henry Lane property. A second well, 12 feet deep, is located between the 1461 and 1481 Henry Lane properties. These wells have been sealed and abandoned by a licensed contractor. A County Well Index (CWI) search was also completed as part of the Phase I ESA. No wells identified from the CWI search were located on the project site. No new water wells will be installed as part of the proposed project. Water SUnn1V Chances The proposed development plan will utilize the City's public water supply system, which is owned by St. Paul Regional Water Services (SPR)NIS). The proposed water distribution system is shown in Figure 8. A 12 -inch watermain exists in Carver Avenue along the north boundary of the project area. An 8 -inch watermain is proposed to be installed to the south from the existing 12 -inch watermain, located at the proposed intersection of Carver Avenue and Henry Lane. The 8 -inch watermain will be installed along all roadways within the development to serve the residential units and for emergency services. To improve circulation and redundancy in the water distribution system an 8 -inch watermain will be installed from the end of the existing watermain on Heights Avenue to Henry Road. All watermain will be designed and constructed according to St. Paul Regional Water Services (SPRWS) standards. 14. Water- related land use management district. Does any part of the project involve a shoreland zoning district, a delineated 100 -year flood plain, or a state or federally designated wild or scenic river land use district? X Yes No If yes, identify the district and discuss project compatibility with district land use restrictions. There is a 100 -year floodplain located within the proposed construction limits that would potentially be impacted by project construction. The floodplain is located near Fish Creek (Figure 7). A Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) was utilized to determine the location of floodplain in the project area. Fish Creek is over 20 feet below the proposed ground near the residential units adjacent to Fish Creek. There is a significant change in grade and the 100 year floodplain may be smaller than indicated on the Flood Insurance Rate Map. The developer has confirmed the dramatic grade changes and has applied for a Letter of Map Amendment (LAMA) to amend the FIRM. Prior to any grading within the floodplain as identified in the FIRM, the developer will need to receive the LOMA from FEMA or have approval from the Ramsey- Washington Metro Watershed District and the City of Maplewood. The entire project area is located in the Mississippi River Critical Area Corridor. The closest part of the project area is located about one -half a mile east of the Mississippi. Maplewood has designated this as an "Urban Diversified District." The City has adopted additional policies for this area that include: Inform the MNDNR on potential ordinance changes and development applications, ensure any development and construction reduces and improves the quality of runoff, ensure that future development and construction in the Critical Area will meet or exceed the development standards set by City ordinances and policies, and require that all new development minimize adverse effects and maximizes all possible beneficial effects. Based on a review of Maplewood's Comprehensive Plan the Agenda Item K2 proposed action is consistent with these goals. 15. Water surface use. Will the project change the number or type of watercraft on any water body? _Tres X No If yes, indicate the current and projected watercraft usage and discuss any potential overcrowding or conflicts with other uses. 16. Erosion and sedimentation. Give the acreage to be graded or excavated and the cubic yards of soil to be moved: 53 acres 217,000 cubic yards Describe any steep slopes or highly erodible soils and identify them on the site map. Describe any erosion and sedimentation control measures to be used during and after project construction. There are steep slopes on the proposed site, particularly along the banks of Fish Creek within the project area. The Soil Survey of Washington and Ramsey Counties was used to identify the steep slopes and areas where highly erodible soils are located. The slopes and soil types are identified in Figure 11. There are three soils that are present on the proposed site that pose a moderate erosion hazard: 454D — Mahtomedi Loamy Sand (12 -25% slopes), 454F — Mahtomedi Loamy Sand (24 -40% slopes), and 896D— Mahtomedi- Kingsly Complex (12 -25% slopes). All other soils located within the project area are anticipated to pose a slight erosion hazard. Best Management Practices (BMPs) will be employed to minimize erosion and sedimentation during construction. Silt fence will be installed around the areas to be graded to prevent down slope soil movement. The silt fence will be routinely inspected to ensure that it is functioning properly. Rock construction entrances will be installed at all construction exits. All disturbed areas will be revegetated upon completion of construction as appropriate with the proposed design. Temporary sedimentation basins may be constructed on site to treat runoff during construction. Stormwater treatment ponds will be constructed in coniunction with site grading. The stormwater treatment ponds will be cleaned out after construction is completed, as necessary. A National Pollutant Discharge Elimination System (NPDES) permit will be obtained from the Minnesota Pollution Control Agency prior to the start of construction to ensure proper temporary and permanent erosion control measures are implemented. Erosion control measures will be maintained during the construction period of the project. All erosion control measurements will be installed and maintained in accordance with the City of Maplewood, the Ramsey- Washington Metro Watershed District, and the Minnesota Pollution Control Agency. 17. Water quality: surface water runoff a. Compare the quantity and quality of site runoff before and after the project. Describe permanent controls to manage or treat runoff. Describe any stormwater pollution prevention plans. The impervious area for the project will increase from 0.8 acres to 23.6 acres out of a total project area of 73.2 acres. This increase in impervious area urill increase the runoff rate and volume, however after on -site stormwater management techniques are in place, the overall runoff rate urill be less than pre - development conditions. The proposed storm sewer system is shown in Figure 9. Recent development in the City of Maplewood has incorporated stormwater management features that are designed to meet stringent requirements. The City requirements are as follows: • The first inch of precipitation from a storm event must be captured and infiltrate. • Stormwater runoff volume and rates must be equal or less than existing conditions. • The PDPBs will be designed to accommodate the sediment storage volume established in South Maplewood's design standards for PDPB. Agenda Item K2 • The system must remove at least 80% of total suspended solids. • The system must remove at least 60% of total phosphorus. The proposed project will utilize the proposed storm sewer system to convey the storm water to several rainwater gardens and permanent dual purpose basins (PDPBs) before being discharged into wetlands and eventually Fish Creek. The project will include on -site stormwater management techniques for both water quality and rate control. Stormwater rate control will be provided by six PDPBs allowing for on -site storage and treatment prior to discharge in to existing wetlands and Fish Creek. The ponds will be designed to City of Maplewood standards, with rate control for the 100 -year storm event. Two of the proposed ponds will be located on the south side of Fish Creek and four ponds will be located on the north side of Fish Creek. Rainwater gardens will be constructed at one location on the north side of Fish Creek and one location south of Fish Creek. These rainwater gardens will treat stormwater runoff of the proposed development before discharging it into existing wetlands and Fish Creek. The rainwater gardens A411 be constructed per City of Maplewood standards. As part of the planning process, Alliant Engineering completed HydroCAD modeling. A copy of the HydroCAD report is included in Appendix E. Stormwater management issues have and will continue to be coordinated with the Ramsey - Washington Metro Watershed District and the City of Maplewood. b. Identify routes and receiving water bodies for runoff from the site, include major downstream water bodies as well as the immediate receiving waters. Estimate impact runoff on the quality of receiving waters. The majority of the runoff from the proposed development will discharge into Fish Creek which ultimately runs into the Mississippi River. The net effect of stormwater management is expected to be a reduction in the runoff rate for the after conditions. The stormwater ponds are expected to provide treatment for water quality based on PDPB standards, with 60% to 80% removal efficiency expected. Target pollutants include total suspended solids (TSS), phosphorus, other nutrients, and trace elements that are attached to sediments. 18. Water quality: wastewaters a. Describe sources, composition and quantities of all sanitary, municipal and industrial wastewater produced or treated at the site. Response: Wastewater will consist of typical domestic wastes associated with a residential development. The projected wastewater flow rate for residential properties is 275 gallons /unit /day. This value is from the City of Maplewood's 2003 Comprehensive Sanitary Sewer Plan Update and was confirmed with Metropolitan Council Environmental Services (MCES) staff. Based on the 299 units the average flow is projected to be 83,000 gallons per day (GPD). The peak flow factor is used to obtain the project peak flows. The peak flow factor for a particular sewer is based on the average flow, because as average flow increases, peak flow factors decrease. Using a table included in the City of Maplewood's 2003 Comprehensive Sanitary Sewer Plan Update from the MCES, the peak flow factor for a sewer with an average flow less than 0.11 million gallons per day (MGD) is 4.0. Therefore, the peak flow is anticipated to be 332,000 GPD. The proposed sanitary sewer system is shown in Figure 10. Proposed 8 -inch sanitary sewer lines will be constructed throughout the proposed development to provide sanitary sewer service. These sanitary sewer lines will connect to a proposed lift station located in the center of the site along Henry Lane. The proposed development sewage will be pumped from this lift station location north of Fish Creek to the Carver Lake Interceptor via forcemain. The Carver Lake Interceptor is operated and maintained by the MCES. An 8 -inch sanitary sewer stub will be constructed east of the proposed lift station to accommodate potential future development on the cast side of Interstate 494. This stub will be jacked from the lift Agenda Item K2 station located adjacent to Henry Lane to the east side of I -494. This stub is not required as part of the developer's plans but would be added by the City. The stub will allow the City to expand the sanitary sewer system in the future to areas not currently served by sanitary sewer. Although there are no definite plans for development on the east side of 1 -494, an 8 -inch sanitary sewer stub will accommodate the peak flow anticipated from potential development that may occur, as long as the development is consistent with the City's land use plan. The lift station and forcemain will be sized to accommodate this future flow. b. Describe waste treatment methods or pollution prevention efforts and give estimates of composition after treatment. Identify receiving waters, including major downstream water bodies, and estimate the discharge impact on the quality of receiving waters. If the project involves on -site sewage systems, discuss the suitability of site conditions for such systems. Response: Wastewater will be discharged into a publicly owned treatment facility. c. If wastes will be discharged into a publicly owned treatment facility, identify the facility, describe any pretreatment provisions and discuss the facility's ability to handle the volume and composition of wastes, identifying any improvements necessary. Response: All wastewater will be discharged into the Metropolitan Wastewater Treatment Plant operated and maintained by the MCES. There are no pretreatment requirements for the waste from this site. d. If the project requires disposal of liquid animal manure, describe disposal technique and location and discuss capacity to handle the volume and composition of manure. Identify any improvements necessary. Describe any required setbacks for land disposal systems. Response: N/A 19. Geologic hazards and soil conditions a. Approximate depth (in feet) to groundwater: 80 minimum 110 average Ramsey Soil and Water Conservation District, 2003 to bedrock: 50 minimum 100 average Geologic Atlas of Ramsey County, Minnesota Describe any of the following geologic site hazards to ground water and also identify them on the site map: sinkholes, shallow limestone formations or karst conditions. Describe measures to avoid or minimize environmental problems due to any of these hazards. There are no known sinkholes, shallow limestone formations, or karst conditions on the site. Karst topography is generally located in southeastern Minnesota, but Ramsey County is on the north edge of these formations according to the Ramsey County All- Lazard Vitigation Plan. This document states that "Karst topography exists in the very southern portions of Ramsey County along the Mississippi River in the form of caves." The bedrock along the north edge of the property just south of Carver Avenue is identified as the Prairie du Chien Group in the Geologic Atlas of Ramsey County, Minnesota. The upper parts of the Prairie du Chien dolostone may contain karst solution cavities, particularly where overlying St. Peter Sandstone has been removed by erosion. Karst conditions may exist because the project is located in southern Ramsey County, is located relatively close to the Mississippi River, and Prairie du Chien bedrock exists that was p reviously covered with St. Peter Sandstone. Prior to development of the construction documents, several soil borings should be taken at various locations throughout the project site and a geotechnical evaluation should be completed. Agenda Item K2 b. Describe the soils on the site, giving MRCS (SCS) classifications, if known. Discuss soil granularity and potential for groundwater contamination from wastes or chemicals spread or spilled onto the soils. Discuss any mitigation measures to prevent such contamination. According to the Soil Survey of Washington and Ramsey Counties, seven soil types are mapped on the site. Figure 11 shows the soil types that are on the project site. These soils include Antigo silt loam, Chetek sandy loam, Zimmerman loamy fine sand, Mahtomedi loamy sand, Barronett silt loam, Cathro muck, and Mahtomedi - Kingsley complex. The Antigo silt loam, Clietek sandy loam, Barronett silt loam, mid Cathro muck on the project site are all relatively level with slopes ranging between 0 to 6 percent. The Zimmerman loamy fine sand has slopes between 6 to 12 percent. The Mahtomedi loamy sand falls into a following slope categories depending on location: 0 to 6 percent, 6 to 12 percent, 12 to 25 percent, and 25 to 40 percent. The Mahtomedi - Kingsley complex has slopes between 12 -25 %. Over 75% of the project area is well drained (Antigo silt loam), somewhat excessively drained ( Chetek sandy loam), excessively and well drained (Mahtomedi- Kingsley complex) or excessively drained (Zimmerman loamy fine sand and Mahtomedi loamy sand). The soils on the site that are poorly drained or very poorly drained are Barronett silt loam and Cathro muck, respectively. All soils on the project site have slight erosion hazard except for the Mahtomedi loamy sand with slopes between 12 and 40% and the Mahtomedi- Kingsley complex with a slope between 12 and 25 %. From the map "Sensitivity of the Prairie Du Chien - Jordan Aquifer to Pollution" from the Geologic Atlas of Ramsey County, Minnesota, the site is located in an area with low to moderate ratings. The rating is estimated by considering the number and effectiveness of bedrock confining units between it and the land surface at any point, the depth to bedrock, and the composition of the overlying unconsolidated deposits. Estimated travel time for water -borne contaminants at the land surface to reach the Prairie Du Chien- Jordan Aquifer varies from years to a century depending on the specific location. Storage of any buried bulk liquid waste or chemical products are not proposed. 24. Solid wastes, hazardous wastes, storage tanks a. Describe types, amounts and compositions of solid or hazardous wastes, including solid animal manure, sludge and ash, produced during construction and operation. Identify method and location of disposal. For projects generating municipal solid waste, indicate if there is a source separation plan; describe how the project will be modified for recycling. If hazardous waste is generated, indicate if there is a hazardous waste minimization plan and routine hazardous waste reduction assessments. Construction and operation of the proposed property is anticipated to generate standard municipal solid waste. This solid waste will be disposed of by contract haulers to the regional solid waste facility. The City of Maplewood's current recycling program has scheduled recyclable pick -ups every other week on the same day as normal refuse collection. Recycling will reduce the amount of waste sent to the regional landfills. b. Identify any toxic or hazardous materials to be used or present at the site and identify measures to be used to prevent them from contaminating groundwater. If the use of toxic or hazardous materials will lead to a regulated waste, discharge or emission, discuss any alternatives considered to minimize or eliminate the waste, discharge or emission. Toxic or hazardous materials are not anticipated at the site during construction or during operation. The recommendations from the ESA Phase I in regards to existing potentially toxic or hazardous materials are summarized in Response 9. A Phase 11 ESA is currently being prepared based on the recommendations of the ESA Phase 1. Agenda Item K2 c. Indicate the number, location, size and use of any above or below ground tanks to store petroleum products or other materials, except water. Describe any emergency response containment plans. There grill be no above or below ground tanks on site to store petroleum products or other materials after completion of the project The recommendations from the ESA Phase I in regards to existing tanks are summarized in Response 9. A Phase 11 ESA is currently being prepared based on the recommendations of the ESA Phase 1. 21. Traffic. Parking spaces added: Senior Condominiums: 120 garage spaces and 74 off street spaces. A combination of garages, driveway, and off street parking spaces v"411 be provided for the detached and attached homes. Existing spaces: 0 Estimated total average daily traffic generated: 1203 vehicles per day Estimated maximum peak hour traffic generated (if known) and time of occurrence: 113 vehicles per hour during the PM peak hour. Provide an estimate of the impact on traffic congestion on affected roads and describe any traffic improvements necessary. If the project is within the Twin Cities metropolitan area, discuss its impact on the regional transportation system. A traffic analysis was completed to assess any traffic impacts at nearby intersections caused by additional trips generated by the proposed development. The analysis indicates that the level of service for all traffic movements will be at satisfactory levels under existing, future no build, and future build scenarios except for the southbound movement at Sterling Street and Bailey Road. The southbound approach to this intersection is anticipated to operate at level of service E during the 2010 no action and 2010 build scenarios during the AM peak hour. The traffic volume on this approach under the 2010 build scenario during the AM peak hour is only projected to be 44 vehicles, considerably lower than minor approach traffic volumes required to satisfy any of the traffic volume related signal warrants. In addition, these results are conservative because the Highway Capacity Manald methodology used does not incorporate the impacts of gaps in traffic caused by the all -way stop controlled intersection located at Bailey Road and Military Road. Due to the relatively low peak hour southbound approach volume and the gaps created by the adjacent intersection, no improvements are recommended. Several turn lanes will need to be constructed to improve safety and traffic operations. At the intersection of McKnight Road a westbound right -turn lane will be added to improve traffic operations at this all -way stopped controlled intersection. On Carver Avenue an eastbound right -turn lane and westbound left -turn lane will be added at the new Henry Road connection. These turn lanes provide access into the proposed development. To improve sight distance a change in the alignment of the south approach of Henry Road is proposed that would improve the sight - distance looking east at this intersection from approximately 250' to 550'. The Henry Road approach u411 access Carver Avenue about 375' west of the current Henry Road intersection. This alignment change u411 improve the sight - distance in both directions. A complete traffic analysis report is presented in Appendix D. Agenda Item K2 22. Vehicle - related air emissions. Estimate the effect of the project's traffic generation on air quality, including carbon monoxide levels. Discuss the effect of traffic improvements or other mitigation measures on air quality impacts. Note: If the project involves 500 or more parking spaces, consult EAW Guidelines about whether a detailed air quality analysis is needed. Typical of many developments, the proposed project will generate air pollution as a result of motor vehicle activity associated with the project. Motor vehicles emit a variety of pollutants including carbon monoxide, hydrocarbons, nitrogen oxides, and particulates. Vehicle pollutants are typically highest in concentrated in the vicinity of signalized intersections where vehicles are idling due to the signal. No signalized intersections are included in the traffic analysis, nor are there any traffic signals being added as mitigation measures due to this project. The traffic operations are at acceptable levels for all individual intersection movements analyzed as part of Item 21, except for the southbound approach to Bailey Road and Sterling Street during the AM peak hour. Although the level of service (LOS) is anticipated to be below LOS D, the traffic volumes on this approach are not at levels that would meet traffic signal installation warrants. It is important to note the southbound approach is anticipated to operate at LOS E this will only impact 44 vehicles during the AM peak hour. As part of the Environmental Assessment completed for the I- 4941TH 61 Interchange Project by Mn/DOT, projected carbon monoxide levels will be below federal and state standards at all locations modeled under 2008 and 2017 conditions. This model included receptors near the project site at the Carver Avenue underpass at I -494. Vehicle related air emissions are expected to be negligible based upon the information provided above. 23. Stationary source air emissions. Describe the type, sources, quantities and compositions of any emissions from stationary sources of air emissions such as boilers, exhaust stacks or fugitive dust sources. Include any hazardous air pollutants (consult EAW Guidelines for a listing) and any greenhouse gases (such as carbon dioxide, methane, nitrous oxide) and ozone - depleting chemicals (chloro- fluorocarbons, hydrofluorocarbons, perfluorocarbons or sulfur hexafluoride). Also describe any proposed pollution prevention techniques and proposed air pollution control devices. Describe the impacts on air quality. The project will likely involve the installation of a combination of natural gas -fired home and electric heating devices in the detached homes, townhomes, and two condominium buildings. The heating devices will exhaust small amounts of PM, NOx, CO, and HC. Neither of the types of home heating devices will adversely affect air quality in the air. No incinerators will be utilized for the project. 24. Odors, noise and dust. Will the project generate odors, noise or dust during construction or during operation? X Yes _No If yes, describe sources, characteristics, duration, quantities or intensity and any proposed measures to mitigate adverse impacts. Also identify locations of nearby sensitive receptors and estimate impacts on them. Discuss potential impacts on human health or quality of life. (Note: fugitive dust generated by operations may be discussed at item 23 instead of here.) Dust The proposed project will generate dust during construction. Construction activities will expose soil material and cause it to become airborne. Construction dust generation will be a temporary, short -term impact lasting during project construction. Dust will be controlled by minimizing the amount of exposed area, paving or re- vegetating as soon as practical after grading, watering exposed areas during dry and windy conditions and keeping street serving the project site clean. Odors The proposed project is not expected to generate significant odors. Agenda Item K2 Construction Noise The proposed project itself will not increase the noise level of the area Construction of the proposed project wrill generate noise from construction equipment and activities. Construction noise impacts would be temporary and short -term, lasting only during project construction. In accordance with the City of Maplewood City Code (§ 18 -111), construction noise will be limited to the hours between 7:00 p.m. and 7 :00 a.m. Monday through Saturday and all day Sunday). The following measures to minimize noise and dust emissions would be incorporated into the construction procedure for the project: • All internal combustion motors would be fitted with mufflers and other noise control equipment as specified by the manufacturer. • Minnesota Rules 7005.0050 on the control of fugitive particulate matter from construction and hauling activities would be complied with so as to minimize adverse air quality impacts. Traffic Noise The traffic volumes generated by the proposed project are not expected to be at levels that would result in a measurable increase in noise on surrounding neighborhoods. I-494 is located on the east of the proposed project and the noise generated from I-494 may impact residents in the proposed development. Sound levels for studies assessing noise impacts, particularly on humans, are expressed as A- weighted decibels (dBA). This is unit of sound has been weighted specifically for the purpose of determining the human response to sound. In addition, noise is further categorized as L10, L and L eq. The numbered subscripts describe the sound level that is exceeded by that percent of time during a one hour duration. L lo represents the percentage of time (i.e., 10 %) during an observation period in which the A -level exceeds a stated value such as L L, is the constant, average sound level, which over a period of time contains the same amount of sound energy as the varying levels of the noise. The Federal Highway Administration (FHWA) has identified five (5) categories of activity for use in noise -level analyses. Maximum noise -level thresholds have been established for four (4) of these activities. These maximum thresholds, or criteria levels, represent the upper limit of acceptable traffic noise -level conditions. The Noise Abatement Criteria (NAC) levels developed by the FHWA are presented in the table below and apply only to noise- sensitive sites and areas of regular human use where lower noise levels are desirable. The proposed project is classified as Category B which has an abatement level of 70 dBA. Agenda Item K2 FHWA Noise Abatement Criteria (NAC) Hourly A -Wei hted Sound Level - Decibels (dBA) Category Abatement Abatement Description of Activity Category Level Level (Lxeo) (Lio) A 57 60 Lands on which serenity and quiet are of extraordinary significance and serve an important public need, and where the preservation of those qualities is essential if the area is to continue to serve its intended purpose B 67 70 Picnic areas, recreation areas, playgrounds, active sports areas, parks, residences, motels, hotels, schools, churches, libraries and hospitals C 72 75 Developed lands, properties, or activities not included in Category A or B above D N/A N/A Undeveloped lands E 52* 55* Residences, motels, hotels, public meeting rooms, schools, churches, libraries, hospitals, and auditoriums Source: 23 CFR 772, Procedures for Abatement of Hid hwcay T'rgffie Noise Control and Construction Noise. * Applies to interior noise levels. All other land uses are exterior noise levels. The MPCA noise standards include both day and night levels and these standards are listed in the table below. The proposed development falls into the category of NAC -1 for residential land use. As shown in the table, the night time noise standards are lower than daytime standards for this proposed land use. To compare common noise source levels to the FHWA and MPCA standards, a table from A Guide to Noise Control published by the MPCA is included below. Agenda Item K2 omid Prts ury [_mv OR AI Ngpirse S�. Lurc 140 — - -- -- - - - - -- - - -- .het Fiis-i ie (.11 i7reters; I 10 - _---------------- - - - - -- - -- - ]'11 eu111 a1 i4 (111 r I)e r 7 --------------- - - - - -- - - - -_- ]:lr i s1 n; t l l ire, 4 B 411 ? orn t.r ------- --- - - - - -- ------ - - - -.. - � ` 17 i I)er F ig 1 . 3 A Guide to Noise Control, WCA, 1999. In November 2000, MnIDOT completed an Environmental Assessment (EA) for the I- 4941TH 61 Interchange Project. The EA analyzed sound levels using the FHWA noise prediction model STAMINA 2.0, as modified for use by Mn/DOT. This EA included an analysis of traffic noise and investigated the noise impacts on the cast side of I-494, directly east of the proposed development. This analysis included existing (2000), future no- action (2020), and future build conditions (2020). The I- 4941TH 61 interchange project is currently being constructed and is anticipated to be completed in 2007. Since the I- 4941TH 61 intcrchange project is currently being built, only existing and build conditions summarized in the EA will be discussed. The I- 494/TH 61 Project will increase the number of lancs on the section of I-494 between Bailey Road and Carver Avenue from four to six lancs. The noise analysis determined that both daytime and nighttime MPCA State Noise Standards were being exceeded, and arc projected to be exceeded under build conditions at the three noise modeling receptors located east of the proposed Carver Crossing of Maplewood project. The I- 494/TH 61 EA noise analysis determined that the MPCA daytime and nighttime noise standards were exceeded at all three noise receptors modeled on the east side of I -494 (between Carver Avenue and Bailey Road). These receptors were labeled 13A, 13B, and 14 in the EA completed by Mn /DOT. Receptor 13A was located on the east side of the I -494, directly east of the southern limits of the proposed Carver Crossing project. Receptor 13B was located on the east side of I -494, near the middle of the Carver Crossing project. Receptor 14 was located on the southeast corner of Carver Avenue and Sterling Street, which is east of I -494 and directly east of the northern limits of the proposed Carver Crossing project. The table below includes a summary of the results from the I- 494 /TH 61 Interchange Project EA. The I- 4941TH 61 EA noise analysis projected build noise levels to be approximately 3 -4 decibels higher than existing noise levels. As part of the I- 494/TH 61 EA a review of mitigation measures was Existing 1999 Modeled Build 2020 Receptor Nighttime Daytime Nighttime Daytime 1_10 1_10 LIo 1_10 13A 66 67 69 70 13B 72 73 75 76 14 71 72 74 74 The I- 4941TH 61 EA noise analysis projected build noise levels to be approximately 3 -4 decibels higher than existing noise levels. As part of the I- 494/TH 61 EA a review of mitigation measures was Agenda Item K2 completed. This analysis determined that a noise wall constructed in this area would result in only a 0- 5 decibel decrease. This decrease in noise would not bring nighttime noise levels to within nighttime standards. In addition, the cost of constructing the noise wall would exceed the $3250 per decibel per residence criteria. Therefore, no noise mitigation was programmed for this area. The Minnesota Department of Transportation's policy as describe in the Highway Traffic Noise: Assessment and Abatement Brochure provides the answer to the question, "Does Mn/DOT analyze noise mitigation for new developments ?" as follows: "For a major highway reconstruction project, Mn/DOT will analyze an area if the final plat was approved prior to Mn/DOT's environmental review process. If development occurs after this date, any noise mitigation is the responsibility of the municipality as per MN State Rule 7030.0030. Minnesota Rule 7030.0030 states that "Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment of land use activities listed in noise area classifications (NAC) 1, 2, or 3 in any location where these standards established in part 7030.0040 N011 be violated immediately upon establishment of the land use." To assess the impacts of grade differences between the east and west sides of 1 -494, the proposed grading, and the two condominium buildings that would be built as part of the proposed Carver Crossing project an additional analysis was completed. Kimley -Horn used the FHWA Traffic Noise Model (TNM 2.5) to build an existing conditions model. The existing conditions model was developed for 1999 traffic conditions using the 1998 and 2000 ADT maps available from Mn/DOT and the existing four lane configuration of I -494. The percent of daily traffic that occurred during the peak hour was estimated using information provided in the 1- 4941TH 61 EA. This model was then ran and validated against the 1999 results presented in the I- 494ITH 61 EA. After the model was validated against existing conditions, the model was modified to estimate 2010 conditions with the proposed Carver Crossing project. This model included one additional lane in each direction on I -494, the impacts of the proposed condominium buildings, and projected 2010 traffic volumes on I -494. The traffic volumes on I -494 were estimated using the 1999 traffic volumes estimated for the existing conditions model and the 2020 build traffic volumes summarized in the I- 4941TH 61 EA. The model resulted in several L ei point model receptor projections. L, values were not reported using TNM 2.5 because their use requires pre - approval from the FHWA. However, L, values were estimated based on the premise that L, values are typically 3 dBA higher than L , The estimated L contour lines for 60, 65, and 70 dBA are shown in Figure 12. The results show that the MPCA daytime standard for L, is exceeded at the two condominium buildings located closest to I- 494 and at five of the attached townhomes located north of the condominium buildings. The nighttime peak hour that experiences the most severe noise conditions typically occurs between 6:00 and 7:00 AM. The reason for this is generally twofold; because traffic volumes are beginning to build just prior to the AM peak period and traffic is running at or near free -flow speeds. The I- 4941TH 61 EA noise analysis did projections at three receptors under the existing and 2020 build scenario. This study projected nighttime peak noise levels to be 1 to 0 decibels lower than daytime peak noise levels at the adjacent modeled receptors 13A, 13B, and 14 under both existing and 2020 build conditions. Therefore, separate nighttime noise modeling was not performed because the daytime and nighttime noise levels are essentially equal, and the difference is not perceptible to the human ear. Using the modeled results and comparing the levels to the nighttime MPCA standard, the noise MPCA nighttime standards are anticipated to be exceeded throughout the entire portion of the proposed project located north of Fish Creek and a significant portion of the proposed project located south of Fish Creek. Noise levels are above and projected to be above state standards throughout a significant portion of the proposed development. This is not uncommon for suburban developments located adjacent to major roadways. Since existing and future noise levels are anticipated to be above state noise standards, the proposed residential units will be designed to minimize noise impacts by providing climate - controlled units and increasing wall insulation. In addition, any outside common areas for the two condominium Agenda Item K2 buildings will be located on the west side of the buildings. These elements would decrease the residents' exposure to adjacent traffic noise. 25. Nearby resources. Are any of the following resources on or in proximity to the site? Archaeological, historical or architectural resources? X Yes No A site files search conducted by the MN SHPO staff on June 16, 2005 indicated that there were no known archaeological sites within the proposed project area. This email also states that that a majority of the archaeological sites in the state and many historic properties have not been recorded, there may be important sites and structures within the study area. A copy the letter and response is included in Appendix C. To further review the potential for archaeological sites and historic properties on the site, a Cultural Resource Assessment was conducted by The 106 Group, LTD, in July 2005. The architectural history survey of Saint Paul and Ramsey County completed in 1983 included one property at 2410 Carver Avenue. The home on this property was identified as a surviving farmhouse but did not have the potential for listing on the National Record of Historical Places or local designation. No properties within the project area were recorded as part of the 1983 study. The 106 Group inventoried the 6 properties within the study area that were 50 years in age or older. These properties lack historical integrity and architectural distinction, and have a low potential for association with significant historic patterns or persons. None of these properties are recommended for further study. An assessment was conducted of the project area to identify areas with moderate or high archaeological potential. Research records were reviewed that showed that no previous archaeological surveys have been conducted within the project area. There is one previously recorded site, located west of the project area, which is identified as Red Rock Mound (21RA003). The mound was visible in a 1936 aerial photograph, but a 1995 pedestrian field survey conducted by The 106 Group was unable to locate the current position of the mound. It was concluded that the mound had likely been destroyed by prior construction projects. The mound formerly identified west of the project site indicates a Native American presence in the area. The assessment concluded that several landforms within the project area are within 500 feet of an existing or former water source of 40 acres or greater in extent, within 500 feet of a former or existing perennial stream or located on a topographically prominent landscape features, and appear to be largely undisturbed. These areas are considered to exhibit a high potential for containing intact archaeological resources and further archaeological testing was recommended. A Phase I Archeological Survey has been completed by Summit Envirosolutions, Inc. as recommended in the Cultural Resource Assessment. The development plans have been amended to avoid archeological findings located on the proposed site. Prime or unique farmlands or land within an agricultural preserve? X Yes No The Federal Farmland Protection Policy Act defines four different categories to rank the quality of potential farmland. The four categories are Prime, Unique, Statewide and Locally Important Farmlands. Prime Farmland is defined as land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum impacts of fuel, fertilizer, pesticides and labor, and without intolerable soil erosion. Unique Farmland is land other than Prime Farmland that is used for the production of specific high - value food and fiber crops. Unique Farmlands in Minnesota may include cranberry bogs, wild rice paddies, orchards, commercial vegetable gardens, etc. Statewide or Locally Important Farmlands are those other than Prime or Unique Farmlands that are of statewide or local importance for the production of food, feed, fiber, forage, or oilseed crops as determined by the appropriate state or local agencies. These farmlands generally include lands that have limitations due to steep slopes wetness or dryness, which require comprehensive soil and water Agenda Item K2 conservation practices There are two soils that are present on the proposed site that are listed as Prime or other Important Farmlands by the USDA: 49 — Antigo Silt Loam (0 -2% slopes) and 155B — Chetek Sandy Loam (0 -6% slopes). These two areas of farmland can be found on Figure 11. The Antigo Silt Loam is listed as Prime Farmland and is located on the northeast comer of the project site. The Chetek Sandy Loam is listed as Statewide Important Farmland and is located south of Fish Creek and on the western extents of the project site. The City has identified this area for development. Since no federal funding is involved, there is no requirement for avoidance of, or replacement of prime farmlands. Designated parks, recreation areas or trails? X Yes No As documented in Response 9 there are several parcels owned by Ramsey County Parks and Recreation located within or adjacent to the study area. One parcel runs east -west throughout the majority of the proposed development. The remaining parcels border the portion of the proposed development located south of Fish Creek. These parcels are about 35 acres, 26 acres, and 21 acres in size and are located adjacent to the southern portion of the development on the south, west, and north sides, respectively. The proposed development will not impact this public land, which is currently used as open space and for deer management. Both Ramsey County Parks and Recreation parcels are currently designated as open space rather than park land. In addition, there are several drainage structures controlled by the Ramsey - Washington Metro Watershed District that will require access to this property. County staff stated that one reason this parcel was purchased by Ramsey County was to protect steep slopes, therefore Ramsey County is interested in impacts and encroachments related to water and drainage features in this area. There is also City of Maplewood open space north of Carver Avenue. The possibility of a trail connection from the proposed development to the City open space was considered but there is not an ideal location for an off -road trail connection. A meeting with City and County staff during the planning phases of this project occurred so that input would be obtained and incorporated into the proposed design. As part of the project sidewalk is going to be constructed along the entire length of Henry Lane from Carver Avenue to the end of Henry Lane. To obtain access to the southern portion of the Ramsey County Open Space a public easement will be added between two single family lots to allow maintenance equipment to access the County land. The maintenance access between the two single family lots and the segment of sidewalk that provides access to Henry Lane will be designated by easement as public trail. In addition, the sidewalk that connects the end of Heights Avenue to Henry Road will also be designated as public trail. To provide access to Fish Creek an additional public trail easement will be added south from the sidewalk connection between Heights Avenue and private cul -de -sac to the boundary of the Ramsey County Open Space. To utilize the natural features of this site, two viewing areas have been added to the proposed project One viewing area has been added on the southwest comer of the single family homes. The second viewing area has been added just south of Fish Creek between the attached toumhomes located on the south side of Fish Creek. Scenic views and vistas? Yes X No Other unique resources? Yes X No If yes, describe the resource and identify any project- related impacts on the resource. Describe any measures to minimize or avoid adverse impacts. Agenda Item K2 26. Visual impacts. Will the project create adverse visual impacts during construction or operation? Such as glare from intense lights, lights visible in wilderness areas and large visible plumes from cooling towers or exhaust stacks? _ Yes X No If yes, explain. Temporary adverse visual impacts may occur during the construction period with the presence of heavy machinery and equipment. The visual environment will change as a result of the proposed project. The area is currently primarily wooded, open grasslands, and wetlands with very few roads and structures. The existing structures on the site are generally hidden from the roadways by trees. The proposed project will develop the land into detached homes, attached towmhomes, and condominiums. These buildings will be visible from Carver Avenue and I -494. Visual impacts are anticipated to be minor during both construction and after the project is build and operating under normal conditions. 27. Compatibility with plans and land use regulations. Is the project subject to an adopted local comprehensive plan, land use plan or regulation, or other applicable land use, water, or resource management plan of a local, regional, state or federal agency? X Yes _ No. If yes, describe the plan, discuss its compatibility with the project and explain how any conflicts will be resol=ed. If no, explain. The City of Maplewood's comprehensive plan or land use will need to be amended. This would change the land use designation within the project area from R -I single dwellings (4.1 tmitslacre) to R- 3(L) multiple dwellings — low density (4.4 -6.3 umitslacre). For the proposed plan, the City will require a conditional use permit (CUP) for a planned unit development (PUD). The PUD will allow the following features to be included in the project: a mix of housing styles, variety of setbacks, smaller lots for the detached homes, and many units to be located on private driveways. The PUD will allow for a site plan that will help preserve the natural features that exist on the site. 28. Impact on infrastructure and public services. Will new or expanded utilities, roads, other infrastructure or public services be required to serve the project? X Yes — No. If yes, describe the new or additional infrastructure or services needed. (Note: any infrastructure that is a connected action with respect to the project must be assessed in the EAW; see EAW Guidelines for details.) Traffic Operations As discussed in Item 21, there are three turn lanes that will be added to improve traffic operations and safety. At the intersection of McKnight Road a westbound right -turn lane will be constructed. On Carver Avenue an eastbound right -turn lane and westbound left -turn lane will be constructed at the new Henry Road connection. A detailed traffic analysis report is included in Appendix D. Roadways This development will require that a combination of public and private roadways be constructed to provide access to each of the residential units. Henry Road will be a public road for its entire length. This roadway will connect to Carver Avenue west of its current location. This modification was made to improve sight distance to the existing underpass located to the east at I-494. An emergency access in proposed to connect the development to Heights Avenue which will provide a second access to the residential units located north of Fish Creek. The emergency access will be identified with signage and blocked with barricades or ballards approved by the City. To reduce environmental impacts in the area only one roadway crossing is being proposed over Fish Creek. Agenda Item K2 Utilities Public utilities grill be extended to the residential units located on the project site. This project will require that both public water and sanitary sewer be constructed throughout the site. The sanitary sewer system will tie into the existing Carver Lake Interceptor that runs down Carver Avenue. The proposed development sewage will be pumped by a lift station that will be installed north of Fish Creek to the Carver Lake Interceptor via forcemain. An 8 -inch sanitary sewer stub will be constructed east of the proposed lift station to accommodate potential future development on the east side of Interstate 494. This stub will be jacked from the lift station located adjacent to Henry Lane to the east side of I -494. Although there are no definite plans for development on the east side of I- 494, an 8 -inch sanitary sewer stub will accommodate the peak flow anticipated from potential development that may occur, as long as the future development is consistent with the City's land use plan. The proposed lift station and forcemain will be sized to accommodate this potential future flow. A 12 -inch watermain exists in Carver Avenue along the north boundary of the project area. An 8 -inch watermain is proposed to be installed to the south from the existing 12 -inch watermain, located at the proposed intersection of Carver Avenue and Henry Lane. The 8 -inch watermain will be installed along all roadways within the development to serve the residential units and for emergency services. To improve circulation and redundancy in the water distribution system an 8 -inch watermain will be installed from the end of the existing watermain on Heights Avenue to Henry Road. The Developer will work with the utility companies to bring utility service to the site including gas, electric, communications, and cable utilities. During project development, requirements to extend other utilities down Henry Road and ultimately to the individual residential units will be identified. Police, Fire Protection Services, and Public Education Police and fire services will be provided by the City of Maplewood. New residents within the City will impact the number of calls that are received and will require response by police and fire protection services. The Maplewood Police Department estimates that one additional officer will be required, to adequately respond to a population increase of 550 residents. The Maplewood Fire Department estimates 550 new residents will require 1.3 medics per year. Public education will be available at Maplewood Public Schools. Based on estimated persons per dwelling unit outlined in the comprehensive plan (Table 5 of the Comprehensive Plan) the detached and attached multiple dwelling housing mix within the proposed development equates to population projection of approximately 550 people. The projected population of a traditional single dwelling neighborhood of equivalent density is approximately 867people. Due to the mix in housing styles, the estimated population of the proposal is approximately 36% lower than a comparable single dwelling neighborhood. The 55 -plus age target market for Carver Crossing consists of active adults in the "baby boom" generation. The development plan does not provide or intend to accommodate senior assisted living or other long term care alternatives that could raise level of service concerns related to police and fire services. To accommodate the increased demand that residents will place on the public health, safety and welfare services it should be noted that the annual tax impact of this project is an estimated 5268,000 of City revenue and $679,000 of school/county/state revenue. These estimates were derived by the developer using the 2005 League of Minnesota Cities on -line City Tax w /credit Property Tax Calculator and the estimated gross retail sales mean value per unit Agenda Item K2 29. Cumulative impacts. Minnesota Rule part 4410.1700, subpart 7, item B requires that the RGU consider the "cumulative potential effects of related or anticipated future projects" when determining the need for an environmental impact statement. Identify any past, present or reasonably foreseeable future projects that may interact with the project described in this EAW in such a way as to cause cumulative impacts. Describe the nature of the cumulative impacts and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to cumulative impacts (or discuss each cumulative impact under appropriate items) elsewhere on this form). As discussed in Responses 18 and 28 a sanitary sewer stub is proposed to be extended to east side of I- 494 from the proposed lift station. This sanitary sewer is being added to serve potential development that may occur East of I -494 and south of Fish Creek. There have not been any development plans discussed or proposed on the east side of I -494. A review of the City's Comprehensive Sewer Plan and the topography in the area was completed to determine the most economical and environmentally sound way to serve this portion of Maplewood. The option of crossing I -494 was suggested in the City's Comprehensive Sewer Plan. When development plans are proposed, east of I -494 and south of Fish Creek, the required environmental process will be completed to assess the environmental impacts of the proposed development. 30. Other potential environmental impacts. If the project may cause any adverse environmental impacts not addressed by items I to 28, identify and discuss them here, along with any proposed mitigation. No other environmental impacts have been identified. 31. Summary of issues. Do not complete this section if the EAW is being done for EIS scoping; instead, address relevant issues in the draft Scoping Decision document, which must accompany the EA W. List any impacts and issues identified above that may require further investigation before the project is begun. Discuss any alternatives or mitigative measures that have been or may be considered for these impacts and issues, including those that have been or may be ordered as permit conditions. • A Phase II Environmental Site Assessment will be completed based on the recommendations presented above in the Phase I ESA. Findings from the Phase II ESA will determine the specific mitigation required on the project site. • The 02 acre wetland being removed will be mitigated at the 2:1 ratio required by the Wetland Conservation Act. • The developer has applied for a LOMA to amend the FIRM. Prior to any grading within the floodplain as identified in the FIRM, the developer will need to receive the LOMA from FEMA or have approval from the Ramsey - Washington Metro Watershed District and the City of Maplewood • Additional review of the stormwater management plan will be completed to verify that the City requirements are satisfied. • Soil boring and geotechnical investigation will be completed prior to the detailed design portion of the proposed project. • The development plans have been amended to avoid archeological findings located on the proposed site. During the construction process this area will be monitored and marked as necessary, to ensure that these areas are not disturbed. • The proposed residential units will be designed to minimize noise impacts by providing climate- controlled units and increasing wall insulation. In addition, any outside common areas for the two condominium buildings located closest to I -494, will be located on the west side of the buildings. • The City of Maplewood's comprehensive plan or land use will need to be amended. This would change the land use designation within the project area from R -1 single dwellings (4.1 units/acre) to R -3(L) multiple dwellings — low density (4.4 -6.3 units /acre). For the proposed Agenda Item K2 plan, the City will require a conditional use permit (CUP) for a planned unit development (PUD). The PUD will allow the following features to be included in the project: a mix of housing styles, variety of setbacks, smaller lots for the detached homes, and many units to be located,on private driveways. The PUD will allow for a site plan that will help preserve the natural features that exist on the site. RGU CERTIFICATION. The Environmental Quality Board will only accept SIGNED Environmental Assessment Worksheets for public notice in the EQB Monitor. I hereby certify that: • The information contained in this document is accurate and complete to the best of my knowledge. • The EAW describes the complete project; there are no other projects, stages or components other than those described in this document, which are related to the project as connected actions or phased actions, as defined at Minnesota Rules, parts 4410.0200, subparts 9b and 60, respectively. • Copies of this EAW are be' sent to the entire EQB distribution list. Signature Date ' O\ 6 (p Title Environmental Assessment Worksheet was prepared by the staff of the Environmental Quality Board at the Administration Department. For additional information, worksheets or for EAW Guidelines, contact: Environmental Quality Board, 658 Cedar St., St. Paul, MN 55155, 651- 296 -8253, or http:Hwww.egb.state.mn.us Agenda Item K2 A complete copy of the Carver Crossing of Maplewood Environmental Assessment Worksheet is available for public viewing at the Ramsey County Public Library, Maplewood City Hall or the Maplewood Public Works Building. The document is also available for viewing on the City of Maplewood's webpage: (www.ci.maplewood.mn.us). Agenda Item K2 CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. XX -XX A RESOLUTION APPROVING DISTRIBUTION FOR PUBLIC COMMENT OF A DRAFT ENVIRONMENTAL ASSESSMENT WORKSHEET FOR CARVER CROSSING OF MAPLEWOOD DEVELOPMENT PLAN WHEREAS, on March 14, 2005, the City Council approved a resolution, authorizing that an Environmental Assessment Worksheet ("EAW ") be initiated and completed for the proposed Carver Crossing Development project; and WHEREAS, the City of Maplewood has prepared a draft EAW document that evaluates the cumulative environmental impacts of the development scenario; and WHEREAS, EQB guidance calls for a mandatory 30 -day public review and comment period on the draft EAW document that commences with publication in the EQB Monitor; and WHEREAS, the next publication date for the EQB Monitor is March 13 with a public comment deadline of April 12 NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Maplewood, Minnesota, that the draft EAW environmental analysis document for the Carver Crossing Development Plan be distributed for public comment commencing on March 13 and running to April 12 in accordance with Minnesota Environmental Quality Board Environmental Review Program procedures. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 13 DAY OF MARCH 2006. MAYOR CITY MANAGER LEWIS ST, NAPOLEON CEII, YARMN PL wARNER AVE ,ONCORD PL Eye Lak 4r i I pN� HE - L' j Ai� LIPT P " 4 A Agenda Item K C' e , 13� . ...... 211' ;A 9 HJNTINCTON CT 4 �/ '�E A VE' LINWO- 11N V,. A v O E, >.:O LA , N J 00p i . 30,954 1 0 83 I I L TA EE.' > i BE �E:L� RI T T PHYLIS CIT C 5 s LEI _W V-LLr�' I " VIEW AVE VAi-L2 IF , 'E -,I v"' RT) CAI �R Iv. Z A ID -NIVIIE ' y y U i 8 ,OATH` EST AVE,,� T > DAK HEI(SHTtL 'L R Ii r 1 DU, -IN T 0RELANU \ I 6- A �' .................. 11 4 9 Cary Lake �BX m VA 0 CT; T SNOw�HOE q/ AVE, Cl ERV E R 0 V A L 0 0 1 CHAI z A, > <E D"INSHEATH 1 7, N I E; T ' XK r. ' !Rla Lake NEWPORT 1990 POP. 3720 49 CEMETERY R > FORT" < I S T WI - ----- - 'S T w j K F E 1 ltp� l ST I t o > I R A I co Kimley-Horn and Associates, Inc. I CARVER CROSSING OF MAPLEWOOD I PROJECT LOCATION MAP FEBRUARY 2006 FIGURE V V, J ' " li X OU T[ S T. mE \ '\T \1I ST I PAUL 1990 Pop, 20,197 D, S T. ' !Rla Lake NEWPORT 1990 POP. 3720 49 CEMETERY R > FORT" < I S T WI - ----- - 'S T w j K F E 1 ltp� l ST I t o > I R A I co Kimley-Horn and Associates, Inc. I CARVER CROSSING OF MAPLEWOOD I PROJECT LOCATION MAP FEBRUARY 2006 FIGURE Agenda Item K3 SUMMARY TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review — Comfort Bus LOCATION: 1870 Rice Street North DATE: March 3, 2006 INTRODUCTION The conditional use permit (CUP) for a bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street North is due for review. BACKGROUND On January 22, 2001, the city council approved the CUP for Comfort Buses repair garage. The council has done four annual CUP reviews and at the last one, on February 14, 2005, they moved to review it again in one year. On December 12, 2005, the council moved to "accept the report of the city's traffic consultant on the Rose lawn- Jackson area traffic issues, directed the community development director to conduct a review of the CUP for Comfort Bus as provided by the 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 Rose lawn-Jackso n intersection." The council also directed staff to arrange a neighborhood meeting for all involved parties to continue working on resolving the traffic concerns. DISCUSSION On February 8, 2006, staff held a neighborhood meeting at the St. Paul Regional Water Services (SPRWS) campus on Rice Street. This meeting was attended by approximately 18 residents, John Blackstone of SPRWS, city staff, Council Person Rossbach, Tom Sohrweide of SEH and representatives Comfort Bus, Schroeder Milk, the Roseville School District. A decision was made for all parties to continue to monitor this matter and take steps to lessen traffic along Roselawn Avenue SUMMARY Staff will continue to monitor the traffic matter. We are hopeful, with cooperation from all parties, that the traffic concerns will be resolved. The applicant has completed the bus shop /dispatch building and work is continuing on the office building. Because the applicant has not yet finished the building construction and site work, the city should review this CUP again in one year. RECOMMENDATION MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review — Comfort Bus LOCATION: 1870 Rice Street North DATE: March 3, 2006 INTRODUCTION The conditional use permit (CUP) for a bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street North is due for review. BACKGROUND CUP Actions January 22, 2001: The city council approved the CUP for the Comfort Bus repair garage. The CUP was subject to the following conditions: 1. All construction shall follow the site plan approved by the city. 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 city council shall review this permit in one year. 4. The applicant shall comply with the Minnesota Pollution Control Agency requirements as they relate to all applicable aspects of this vehicle repair operation. August 14, 2001: The community design review board (CDRB) approved plans for Comfort Bus. February 11, 2002, February 24, 2003, February 9, 2004 and February 14, 2005: The city council reviewed this permit and moved to review it again in one year. Traffic Study On December 12, 2005, Tom Sohrweide, a traffic engineer with Short, Elliot and Hendrickson, Inc., presented a traffic study to the city council regarding the bus traffic on Roselawn Avenue. The council had ordered this study due to complaints from residents about the amount of bus traffic because of Comfort Buses operations. At that meeting, the council 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 the 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." The council also directed staff to arrange a neighborhood meeting for all involved parties to continue working on resolving the traffic concerns. Code Requirement Section 44- 1100(a) of the zoning code states that CUPs shall be reviewed periodically by the city council. The council may specify an indefinite term for a subsequent review or a specific term not to exceed five years. DISCUSSION Neighborhood Meeting On February 8, 2006, staff held a neighborhood meeting at the St. Paul Regional Water Services (SPRWS) campus on Rice Street. This meeting was attended by approximately 18 residents, John Blackstone of SPRWS, city staff, Council Person Rossbach, Tom Sohrweide of SEH and representatives Comfort Bus, Schroeder Milk, the Roseville School District. The concerns /requests that were expressed by residents were: • Reroute busses to other streets and/or have returning busses use other streets. • The bus exhaust is smelly. Are emission regulations being met? • The busses increase road damage and shorten life span. • Can load limits be applied? • Bus drivers sometimes speed. • SPRWS trucks cause occasional late night noise. • SPRWS trucks don't always avoid the residential sections of Roselawn. • Wasn't the CUP to only allow up to 45 busses? (one resident asked) • Who should receive complaints? These points were discussed and addressed by Mr. Rossow and his safety director, Mr. Jan Vanderwall, of the Roseville School District office, Mr. Ernie Schroeder, of Schroeder Milk, Mr. Blackstone and staff. Reroute Busses Mr. Rossow explained the schedules that they must keep. He said he would do what he could restrict bus traffic in evenings and weekends from Roselawn. He also said that he can make a policy that returning busses use alternate routes other than Roselawn. Bus Exhaust Mr. Rossow explained that their busses are designed to meet federal standards. There is no continual testing as there had been in Minnesota. Mr. AN explained about a recent temperature inversion the twin cities experienced. Vehicle exhaust was simply "locked" in place and not dispersed by winds. Such cases increase air quality problems. The bottom line is that winds most often disperse fumes, but these cannot be controlled other than by lessening the bus traffic. Increased Road Damaae Mr. AN explained that large vehicles like busses and trucks do cause more wear and tear on roads than automobiles. He further explained, though, that a much greater cause of road damage is a winter like this one. This winter, with the long duration of freeze and thaw cycles, roadway surfaces have been severely broken throughout the city, not just on Roselawn Avenue. Mr. AN also explained the city's street maintenance program and noted that Roselawn will be continually repaired each year as needed. Mr. AN expressed his opinion that Roselawn is not experiencing any extensive damage that is not normal for collector streets. The road design was such that Roselawn should last at least another 20+ years before anything major is required. Load Limits Mr. AN explained that we cannot apply load limits to Roselawn Avenue. This is due to the use of State Aid Funds by Ramsey County in the construction process. As a collector route, Roselawn Avenue is eligible for these funds. In accepting these funds, it is agreed that load limits cannot be applied unless a finding of extensive damage is occurring. That has not been found. The city accepted Roselawn Avenue as a turn -back from the county and must abide by the terms or pay back the $1.0+ million in funds used for the construction. Speeders Mr. Rossow said that he would take disciplinary action if his drivers are speeding. He asked residents to try to get bus numbers and to call him if they spot busses going faster than the speed limit. SPRWS Evenina Activities One resident stated that water utility trucks were clanking tail gates at 1 a.m. recently. This resident did say, however, that it was an isolated occurrence and not a typical problem. Mr. Blackstone said that there would not be middle -of- the -night activity unless there was a main break requiring attention. It was agreed that this was not a serious matter. Mr. Blackstone said that residents could call him directly if there were recurring problems. SPRWS Trucks Mr. Blackstone said that he would direct drivers to make every attempt to go west on Roselawn and not past homes as often as they can. There will be times that they need to turn east depending on urgencies and needs. Number of Busses Allowed by CUP Staff checked the original application materials for Comfort Bus. There was not any mention by the applicant or noted in the staff report that the maximum number of busses proposed or required would be 45, as believed by one resident. Mr. Vanderwall, of Roseville School District, noted that Roselawn Avenue had 22 busses normally scheduled before Comfort Bus relocated, due to the extent and location of area schools and the number of area residents. The road will never be bus free due to the existing conditions. Who to Call? It was made clear that residents should call and report problems that occur. Mr. Rossow told residents not to hesitate to call himself, his safety directors or his dispatchers if there are complaints. Other numbers given to the residents were those for Ernie Schroeder, Tom Ekstrand, John Blackstone and Jan Vanderwall should their attention be needed on a future matter. What Next? Council Person Rossbach explained that this issue will take time to resolve. It was terrific that so many of the local businesses which operate large vehicles were present to talk to the residents. This shows great cooperation and a wish to resolve the traffic concerns. Mr. Rossbach said the city will continue to monitor this issue. Mr. Ahl noted that staff has been authorized to continue monitoring Roselawn Avenue and will do a follow -up study in the spring to see if issues have improved. Since the meeting on February 8, staff received one complaint from Bill McCoskey stating that the traffic has not lessened along Roselawn Avenue. I informed Mr. Rossow of this. Mr. Rossow also sent a letter to staff indicating the steps he is taking to try to reduce the bus - traffic from Roselawn Avenue. Refer to the attachments. SUMMARY Staff will continue to monitor the traffic matter. We are hopeful, with cooperation from all parties, that the traffic concerns will be resolved. The applicant has completed the bus shop /dispatch building and work is continuing on the office building. Because the applicant has not yet finished the building construction and site work, the city should review this CUP again in one year. RECOMMENDATION Review the conditional use permit for the bus maintenance and repair garage for Comfort Bus Company at 1870 Rice Street again in one year. p:sec18 \comfort bus 2006 cup review 2 Attachments: 1. Location /Zoning Map 2. Site Plan 3. Letter from Lee Rossow dated February 23, 2006 4. Mr. Rossow's notice to his drivers 5. February 13, 2006 The Transmission newsletter 6. February 27, 2006 The Transmission newsletter -'- | / | | . / , | / i | � | � | �| ~ � { |� 1 ~ � | | | *_ - � 5 Maplewood, February 23, 2006 Senior Planner ` City of Maplewood Planning Division 1830 East County Road B, Maplewood, NIN 55109 This letter is a follow up, to keep you updated on our attempts at eliminating some school bus traffic from Roselawn Avenue. Thank You for the opportunity to convey our point and ideas to the Roselawn Avenue neighbors at the meeting on February 7, 2006 at the St. Paul Water Utility's plant, Being able to listen directly to our neighbor's concerns and especially being able to answer a few of their questions was helpful to us. We understand the problems being faced by our neighbors along Roselawn Avenue and are trying to help. We are planning on continuing this campaign and monitor the results in the hope that a positive impact will be felt during the coming months.1 will keep you posted on our attempts, I Centerline Charter Corp. 1870 Rice Street, Maplewood, -MN, 55113 F E S 2 8 2 0 'w .a Be kind to our neighbors. Drive less than 29 MPH on Roselawn Avenue. V r i. a i; i an alternate i i between i e* returning Late charters are requested to COMPLETELY AVOID R A v e nu e . R i i i m .Nfcxid, February 13, 2006 Volume 9 Issue 1 2 — Apoloo-e — Family AcadLmay — New Gwdedacs .... — T-affic Caincia z"Im — Th e En a If C- c Roa T'L YOUR HEAD LIGHTS OFF WHEN THE ENGINE IS TURNED OFF! ZE-muslum �Mo 1pzl, 11 FPv- Averages Hiizli 24 Low 6 Records High 54 1830 Low -32 1838 Sunrise 07: Sunset 17:39 Monday, Febrmn 13 Volume 9 Issue 12 9 The Transmission INCENTIVE R MOVA1111 , u4ilul rvLVlllc (lig ir"Im prilelf UN^C'L nu w tic IM MM , St. Paul een" 4b—v.- 11 Ros to Np Nfonday, Febn=r 13, 2006 Volume 9 Issue 12 '00 0or 10 Monday, February 27, 2006 Attachnient 6 Volume 9 Issue 13 In th is Issue: Lffw-he Trtf-Ficon RoscLiwn,W� Runn;ng m:i of - V,--] Woung for Studmr� DoNOT7nfk - rl , ,L: Eud of the F(m ,, 0 Em por hora en avenida de Roselawn. Por favor, use una ruta alterna entre la terrnival y 35E si sea posible. Tarde retornar las cartas son pedidas para evitar CONI PLETAIM ENTE la avenida de Roselawn. Thov siv lwm txij kev mus rau 35E. Yog mus txoj kev Roselawn, thou Rhiav 29 N xwb. Yog los fig, lxiv tsis pub Ices txoj kev Roselawn. - N& 'Ir IN M for being willing to 0 translate for this newsletter, 1londay, February 27 2006 V Averages 47� High 29 Low 11 Records High 54 18 Low -22 is Sunrise 06:54 Sunset 17:58 Em por hora en avenida de Roselawn. Por favor, use una ruta alterna entre la terrnival y 35E si sea posible. Tarde retornar las cartas son pedidas para evitar CONI PLETAIM ENTE la avenida de Roselawn. Thov siv lwm txij kev mus rau 35E. Yog mus txoj kev Roselawn, thou Rhiav 29 N xwb. Yog los fig, lxiv tsis pub Ices txoj kev Roselawn. - N& 'Ir IN M for being willing to 0 translate for this newsletter, 1londay, February 27 2006 V The Transmission INCENTIVE k Of YOU . ........... . .... ... .. .:.. , n ......... . ... .. ... . ..... .. . . ..... .. ... ... ... .. . . . ..... x u The followirn simple sugges- V tions can help your heart ac- cording he American Heart 9 A Association: 1 . Get your blood pressure V1. checked regularly (high r. blood pressure is a risk factor for heart attack and stroke). V . 2, Quit smoking (smoking cigarettes significantly in- .4. creases your risks). 3 Recoanize and treat diabe- 1, tes (if you have diabetes, 4 ". never stop taking your medicine without talking to your doctor first). 4. Don't drink too much alco- hol (if you drink, limit Y( your alcohol intake to 1-2 inj drinks a day). wi 5. Be physically active (try t D( get 30 minutes of physical I SC activity on most or all days 90 of the week.) yo 6. Eat a healthy diet (enjoy Or foods that are low in sate- sel rated fat and cholesterol). to 7. Have regular medical ch check tip y 4 -v, .. . ........... . . ....... . ....... 1111MMUM IN Quotes (submited by counter. - Teamwork is a lot ofpeople doin- what I say. C. uffaxam�� -.91 Nforiday, February 2 2006 Volume 9 Issue 13 9" ? 2 AGENDA NO. K4 TO: City Manager FROM: Finance Director RE: Purchasing Policies DATE: March 7, 2006 At the February 13 and 27 Council meetings there were discussions about alternative ways to deal with city purchases from employee-owned companies. Staff was directed to establish a purchasing policy addressing this issue and defining what ownership interest means with regard to that purchasing policy. The recommended policy is as follows: Before making a purchase in excess of $200 from, or entering into a contract with, a business entity owned wholly, or in part, by an employee of the City of Maplewood, City employees must obtain at least two (2) price quotes which are to be kept on file in the Finance Department for one (1) year after their receipt. On purchases under $10,000, price quotes can be copies of the latest price listings, excerpts from current catalogs or written quotes provided by vendor. On purchases totaling $10,000 to $50,000 there must be two written quotations from prospective vendors. Before the purchase is made, it must be reviewed by the supervisor of the employee making the purchase to confirm that the decision to make a purchase from, or enter into a contract with, the business entity owned wholly, or in part, by the City employee is based on rational economic factors including, but not limited to, price and availability of goods and services. Two price quotes are not needed when services are purchased from an independent contractor who is a recreation referee, official or instructor. A business entity owned wholly, or in part, by a City employee shall be defined as: an entity organized for profit, including an individual, sole proprietorship, partnership, corporation, joint venture, association, or cooperative in which the City employee or a member of the City employee's immediate family has a financial interest excluding interests consisting solely of publicly issued stock holdings constituting equal to or lesser than 5% of the entity's total public stock issue. A member the City employee's immediate family is defined as: the City employee's spouse, the City employee's child, the City employee's parent, or the City employee's sibling. P\agn\purchasing policy change 030106 Agenda Item Ll MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 7, 2006 RE: Change of Manager Intoxicating Liquor License Introduction Sherry Peake has submitted an application for an on -sale intoxicating liquor license Keller Golf Course Clubhouse, located at 2166 Maplewood Drive. Background Ms. Peake was raised in the New Brighton area and attended Irondale High School. She has been residing with her husband in Minneapolis for the past Five years and owns and operates JRP Concessions. All three of Ms. Peake's references made very positive comments about her. In fact, one said that she has "excellent character." Another stated, "She is an extremely responsible person." Chief Thomalla met with Ms. Peake to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of Maplewood, St. Paul, New Brighton, Minneapolis and Lino Lakes. Additionally, Hennepin, Ramsey and Anoka Counties were also checked. Recommendation The on -sale intoxicating liquor license is submitted to Council for approval. Agenda Item L2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Approve Settlement Claim for Sewer Backup at 2621 Ariel Street North with Joe and Susan Grieman DATE: March 6, 2006 INTRODUCTION The residents at 2621 Ariel experienced a sewer backup on December 12, 2005. They are requesting a settlement of claims. Approval of the settlement is recommended. Background The attached letter from Joe and Susan Grieman requests a settlement of claims for the sewer backup on Ariel Street on December 12, 2005. The City's insurance company has denied liability for the backup; however, the settlement of this claim seems reasonable. The total settlement amount requested by Joe and Susan is $3,021.01. The City budgets an amount to cover claims each year within the Sewer Maintenance Program. The City has approved claim settlements in the past (most recent on January 10, 2005 for $5,000) to help defray homeowner expenses. Sewer backups into homeowner's basements and property are one of the most difficult issues to address. Most homeowners do not understand that the City cannot guarantee flow within our sewer lines. We attempt to do preventive maintenance to reduce the chances of backups occurring; however, a guarantee of flow is impossible. The sewer backup was in the City's system as noted by the Grieman's letter. We do not know what caused the backup, but our crews responded immediately upon receiving notice from the police dispatchers on the backup call. The likely cause of the backup is usually either disposable diapers being flushed into the system upstream of the backup or a local homeowner having their private service cleanup and a root plug catching on something in the pipe. Our maintenance crews were unable to determine the cause on Ariel when they removed the backup. RECOMMENDATION It is recommended that the City Council approve the settlement agreement with Joe and Susan Grieman at 2621 Ariel Street at $3,021.01 and authorize payment of said amount from the Sewer Fund. Attachment: 1. Letter from Griemans 02,`0812006 12:13 FAX 6517 SAT OF ST PAUL 11002 Agenda Item L2 To: Chuck Alh February 8, 2006 From: Joe and Suzy Grieman As you are aware, on December 12th, the City of Maplewood had a problem with their sewer line on Ariel (just off County Rd C) that resulted in my entire basement being flooded with sewage. The City acknowledged their line was the source of the problem and seat a crew to clean and disinfect the basement and remove the damaged carpeting. They instructed us to contact the League of Minnesota Cities to file a claim and have the damages assessed. The league subsequently determined that every though the City line was the source of the problem, the City was not liable for the damages. We are preparing to pursue our claim in Conciliation Court, but, we are first offering to settle the claim for a portion of the damages. We would like the City to reimburse us for the cost of re- carpeting and for charges from Ken's Sewer. We are including the charges from Ken's because when we called them about the problem, they said it sounded like a main line problem and that we should Cali the City. When the City refused to send a crew, Ken's cage to our home to check our line and verified it was clear to the street. Had the City responded initially, this service call would have been avoided. The carpeting estimate varies significantly depending on the type of carpet selected (see attached). We have selected a lower priced carpet with an estimated cost of $2626.01.The charges for Ken's Sewer are $185. The total settlement we are willing to accept is $3021,01. We believe this a very reasonable offer as it only includes reimbursement for the two most basic components of the damages. Please note that we are not going after the loss of time from work to deal with the situation or future expenses that may occur (mold, rotting wood work, ect). We just want our basement back to the way it was prior to the sewage back up. Please let us know as soon as possible 9 you are agreeable to the settlement. We are expecting a baby on February 15th and would like to move ahead quickly. We hope to file our Conciliation Court claim next week if you are unwilling to agree to the settlement offer. You can reach me at 612- 701 -9509 if you have any questions or treed any clarifications. Thank You. Joe & Susan Crisman 02/08/2006 12;14 FAX 65 173 0 5522 SATURN OF ST PAUL .TAN -31 -2006 16 =16 3FRYS FLOOR STORE A 0 0 m 0 0 ' r� ti Z�t�1jo��2Q�{ j rr�7 O O i - I 000-3C - n � m Trr�Qr" if1 b j Q � 9 im D m 'n t fn -- mrliu�i ?D�vztSm4��t1t k a, 4 1 9 11 X. c a , i ..r' aft Em H13 W N A a 0 4 i C. A_..'� l sa - b rn -n a C) 1 _ {� +m 03 � } m {C7D Y b !n 7C f ' 4 i4 _ V{ z z C y S in ¢�• !V �,%s i:l S Ln -,t -S € � � tS1 ♦ j vt a , i ND � {J Em H13 W N A a 0 4 a , i Em H13 0 4 SAS TOTAL P.02 - l i, y fX3 a , i 4 003 P. 02//2 4 TOTAL P.02 4 003 P. 02//2 02/06/2006 12:14 FAX 6517 SATURN OF S T PAUL JERRYS FLOOR STORE E � 004 76 ,3`86` 253 P.01/02 Agenda Item L2 1550 COUNTY IiWY 10 + SPRWG LAKE PARR, MN 55432 + {763) 786 -7578 • FAX4763) 786 - 7253 48 OAK AVENUE + ANNANDALE. MN 553Q2 • (3 20) 274 -3777 • FAX (328) 274.3401 1104 AANHCLIFF CT ■ WAR. MN 55t22 + (651) 456 -8728 FAX 16511456 -0517 2401 HWY 7 - EXCELSIOR, MR 65331 + (962) 46i -11955 a FAX (952) 4M -0965 1245 GENEVA AVE. 90. • OAK€1ALE, Mif 55128 - (661) 736-2668 = FAX (661) 135 -2672 AN EQUAL OPPORTUNITY EMPLOYER dr 5 77 00 Agenda Item L3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Approve Noise Variance for Ramsey County to Perform Night Time Road Maintenance on Beam Avenue between Hazelwood and White Bear Avenue DATE: March 6, 2006 INTRODUCTION Ramsey County is proposing to mill and overlay Beam Avenue between Hazelwood and White Bear Avenue. Due to heavy traffic volumes, the work needs to be completed during night time hours. Approval to construct at night is recommended. Background The attached letter from Ramsey County requests City approval to construct this roadway improvement between 10 p.m. and 6 a.m. for a two- to three -week period in June, July or August 2006. The City's noise control ordinance Section 18 -111 generally excludes public improvement projects (see Section 1 -19, Sections (6) and (7)); however, Ramsey County has requested City approval prior to proceeding with final plans for the project. This section of Beam Avenue is generally commercial /industrial in nature. Heavy day time traffic volumes would make construction difficult during normal construction hours. Approval of this request is recommended. RECOMMENDATION It is recommended that the City Council approve the Ramsey County request to allow night time construction on Beam Avenue between Hazelwood and White Bear Avenue for a three -week period during June through August 2006. Attachments: 1. Letter of Request from Ramsey County RAMSEY CO UNTY Department b e Works Kenneth G. Haider, P.L., Director and Coitrtty Engineer 1425 Paul hirkwoid Drive Arden Hills. TIN" 55112 -2933 o 1651) 266 -7100 - I'ax {651) 266-7110 E -mail: Pir6lie .WorksCco.rarrisev.nlrr.rzs January 17, 2006 Chuck Ahl Public Works Director City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Mr. Ahl LT'- •. As part of our 2006 major maintenance program, Ramsey County is proposing to mill and overlay Beam Avenue between Hazelwood Street and White Bear Avenue. Due to the high traffic volumes, heavy turning movements, and the close proximity to Maplewood Mall, we are proposing to do most of the work at night. Therefore, we are requesting a noise variance for this project. The scope of the work includes loop detector replacement, milling, bituminous paving and pavement markings. County forces will do the paving with the rest of the work done by contractors. We are proposing that the milling and paving be constructed at night. Night work hours are proposed to be 10:00 p.m. to 6 :00 a.m. The milling and paving is expected to take 2 to 3 weeks. We have not put our paving schedule together yet, but expect the work will be done in June, July or August of 2006. The loop detectors will be sawed in prior to milling. This work may begin as early as May. The loop detector replacement work will be done during the day. Please call me at (651) 266 -7192 or Jerry Auge at (651) 266 -7193 if you need more information. Sincerely, Kathy Jaschke Assistant Maintenance Engineer Minnesota's First Houic Rule. Count- 11 ,tim)t zmlwl s PI , i t .:std, s "•i!: Agenda Item L4 SUMMARY MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: CUP Revision, Parking Reduction Authorization and Design Approval PROJECT: Menards LOCATION: 2280 Maplewood Drive DATE: March 3, 2006 INTRODUCTION Project Description Robert Geske, of Menards, Inc., is proposing to build a 16,105- square -foot garden center addition on the south side of the Menards store. Refer to the applicant's narrative statement and the maps in the project review memo. The proposed plans also show changes to the existing parking lot and changes to the exterior of the building. In addition, they are proposing to update the front of the store. This would include changing the existing mansard and signage over the main entrance and adding four fieldstone and timber columns to support the new canopy. Finally, Menards wants to change the signage on the building. Requests Mr. Geske is requesting city approval of: 1. A conditional use permit (CUP) revision to enlarge the building and amend the site plan. The city code requires council approval of a CUP revision for an owner to expand or revise a store or site for which a CUP exists. 2. A parking - reduction authorization for 50 spaces. The code requires 451 spaces for the store. Menards is proposing to have 401 parking stalls. 3. The site and building design plans. DISCUSSION City staff is supportive of the changes proposed for Menards. As with almost all projects, there are details for staff to work out with the applicant (such as approval of the final building plans) before construction starts on the garden center. These, however, do not present any serious concerns for staff. RECOMMENDATIONS Staff is recommending approval of the conditional use permit revision, the parking reduction authorization and the project design plans for the proposed garden center for Menards. MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: CUP Revision, Parking Reduction Authorization and Design Approval PROJECT: Menards LOCATION: 2280 Maplewood Drive DATE: March 8, 2006 INTRODUCTION Project Description Menards, Inc., is proposing to build a 16,105- square -foot garden center addition on the south side of the existing Menards store at 2280 Maplewood Drive. Refer to the applicant's narrative on pages 9 and 10, the maps and plans on pages 11 -16 and the separate project plans. They are proposing an exterior of glass panels, emerald green accent panels and a wrought iron fence for the garden center. The proposed plans also show changes to the existing parking lot and changes to the exterior of the building. Specifically, Menards would eliminate 17 parking spaces and reconfigure the parking lot so that all of the spaces would be at 90- degrees to the drive aisles. Refer to the site plan. In addition, they are proposing to update the front of the store. This would include changing the existing mansard and signage over the main entrance and adding four fieldstone and timber columns to support the new canopy. Finally, Menards wants to change the signage on the building. Requests Mr. Geske is requesting city approval of: 1. A conditional use permit (CUP) revision to enlarge the building and amend the site plan. Refer to the project narrative on pages 9 and 10. The city code requires council approval of a CUP revision for an owner to expand or revise a store or site for which a CUP exists. 2. A parking- reduction authorization for 50 spaces. The code requires 451 spaces for the store. Menards is proposing to have 401 parking stalls. Refer to the narrative on page 9. 3. The site and building design plans. (See the maps and plans on pages 11 -16 and the enclosed project plans.) BACKGROUND October 25, 1999: The city council approved a CUP revision for a building expansion, site plan changes and the project architectural, site and landscape plans. Refer to the council minutes in the attachment on pages 19 - 23. November 27, 2000: The council reviewed the CUP and moved to review it again in one year April 9, 2001: The council approved revised plans for the exterior of the new addition and required additional landscaping on the Highway 36 side of the building. This approval was subject to five conditions of approval. (Refer to the council minutes on pages 24 and 25.) November 26, 2001: The council reviewed this CUP and moved to review it again in one year. December 9, 2002: The council reviewed this CUP and agreed to review it again in one year. January 7, 2004: The council reviewed this CUP and agreed to review it again in one year. January 30, 2004: The city approved plans for expansion of the exterior storage area and relocation of the fire gate on the east side (rear) of the building. DISCUSSION CUP Revision The proposed site revision with the addition of the garden center will meet the requirements for a CUP and should improve the store and the overall site. It should not have any impact on the adjacent residential neighborhood. Parking The applicant is requesting that the city approve a reduction of 50 (from 451 to 401) in the number of parking spaces for the store. They want to reconfigure the parking lot in front of the store to make the traffic flow smoother, but this redesign would result in the loss of parking spaces. Menards has gotten by, essentially, with the main parking area in front of the building since 1988 (when the city had approved a parking reduction authorization). The proposed garden center addition would need 80 spaces according to the code (if the city treated it as regular retail space). Menards, however, is now using the location of the proposed garden center for retail sales and outdoor storage as approved earlier by the city. As such, it should not generate additional parking needs for the store. Site Drainage / Shoreland Requirements The site is within the shoreland boundary of Keller Lake. Presently the site has 95 percent impervious - surface coverage. The shoreland code requires a maximum coverage of 40 percent. This project will not change the amount of impervious surface on the site as the addition for the garden center would be constructed over a part of the existing paved storage area. Building Design Changes and Concerns For the garden center, they are proposing an exterior of glass panels, emerald green accent panels and a wrought iron fence near the entrance and the parking lot. This center and its design should be a nice addition to the store. In addition, as part of this project, Menards is proposing to update the front of the store. This would include changing the existing mansard and signage over the main entrance and adding four fieldstone and timber columns to support the new canopy. Menards also wants to change the signage on the building. Staff is concerned about the proposed appearance of the north building elevation. In 2001, the city council required Menards to include the green stripe on the north elevation when they approved 2 the store project plans. Menards is proposing to keep the green stripe on the building. As an alternative, they could add more landscaping to the north elevation to help enhance the elevation. In response to comments the CDRB made at their March 1, 2006 meeting, Menards revised the project plans for the garden center. I have included their latest plans (date - stamped March 8, 2006) and a letter from Robert Geske of Menards explaining the changes they made to the plans. Fire Marshal's Concerns Menards must keep the perimeter of the building accessible for fire emergencies. The applicant should arrange with the fire marshal for access through the gate behind the building in the case of emergencies. In addition, Menards needs to have a monitored fire protection system and shall provide a floor plan of their store and a fire department lock box at the main entrance. City Engineer's Comment Menards should provide a gate and clear access to the sanitary sewer manhole on the site as part of this request. Commission Actions On February 6, 2006, the planning commission recommended approval of the of the proposed CUP revision for Menards. On March 1, 2006, the community design review board (CDRB) recommended approval of the project design plans, subject to several conditions of approval. RECOMMENDATIONS A. Adopt the resolution on pages 26 - 28. This resolution approves a conditional use permit revision for Menards at 2280 Maplewood Drive to add a 16,105- square -foot garden center to the existing store. The city bases this approval on the findings required by the code. Approval of this CUP revision is subject to the following conditions (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date- stamped March 8, 2006 May 5, 1999. The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight -foot -tall screening fence west of 1071 County Road B and running east - west behind 1071, 1081 and part of 1101 County Road B shall remain. (2) All other screening fences that abut the residential lots shall be 14 feet tall. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14 -foot -tall fence. c. No more than 2 1 /2 feet of the 17'12 -foot -tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year. if t Proposed Fetail_cnare ;;dditinn hoc nn� hanin 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. 4-3-. The proposed building addition and site work 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. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. B. Approve a parking - reduction authorization for Menards at 2280 Maplewood Drive to have 50 spaces fewer than the code requires. (The city code requires 451 parking spaces and Menards is proposing 401 parking spaces.) Approval is because: The required number of spaces is excessive. Menards has gotten by, essentially, with the main parking area in front of the building since 1988. Menards customers do not typically use other available parking areas on the site. 2. The proposed garden center addition would need 80 spaces according to the code. However, Menards is currently using this same area for retail sales and outdoor storage as approved earlier by the city. As a condition of approval of this request, Menards shall have employees or others provide traffic control and direction assistance in the parking lot on busy shopping days. 4 C. Approve the site plan date - stamped March 8, 2006, and the building elevations date - stamped March 8, 2006, for the 16,105- square -foot garden center addition to Menards at 2280 Maplewood Drive. Approval is subject to the following conditions: 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. The city engineering department should review the plans for the possibility of Menards implementing some or additional types of best management practices to help treat storm water on the site. b. Revise the site plans for staff approval to provide enough handicap - accessible parking spaces to comply with ADA (Americans with Disabilities Act) requirements. c. Submit for staff approval, consistent elevations and site plans that correlate to each other, based on the plans date- stamped March 8, 2006. The plans date - stamped January 17, 2006, and elevations date - stamped February 6, 2006, are inconsistent and difficult to read. d. Submit a revised wrought -iron fence elevation showing that the proposed decorative lights have been removed from the fence. e. Submit a landscaping plan showing the following: (1) All existing landscaping on the north side of the building. This plan should reflect all landscape materials that are healthy, in poor health, or dead. The purpose of this plan is to ensure that all landscaping required previously by the city in this location has been planted and is healthy and thriving. (2) Work with staff to implement landscaping in front of or near the new garden center. If landscaping in this area is not feasible, work with staff to implement additional landscaping throughout the site. f. Submit to city staff a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. The applicant shall complete the following before occupying the building addition: a. Menards shall provide a gate and clear access to the sanitary sewer manhole on the site as part of this request. b. Paint any new rooftop mechanical equipment to match the building color if the units are visible. (code requirement) c. The city waives the trash - dumpster screening requirement unless the dumpsters would be visible to the public. If Menards wants to keep their dumpsters outside, then they shall provide an enclosure for them using the same materials and color as the building. 5 d. Provide site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. e. Meet all the requirements of the fire marshal including: (1) Keeping the perimeter of the building accessible for fire emergencies. The applicant should arrange with the fire marshal for access through the gate behind the building in the case of emergencies. (2) Installing a monitored fire protection system. (3) Providing a floor plan of the store and a fire department lock box at the main entrance. f. Verify that all existing required landscaping is healthy and growing, and replace the landscaping if it is not healthy and growing. Plant all other landscaping required with this approval. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above- required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Signs are not part of this approval. The applicant shall submit any requests for new or revised signs to staff for sign permits. CITIZEN COMMENTS I surveyed the 50 surrounding property owners within 500 feet of Menards for their opinion of this request. I received one reply. This neighbor commented about the somewhat difficult traffic flow at the intersection of County Road B and the frontage road. REFERENCE INFORMATION SITE DESCRIPTION Site size: 13.48 acres Existing land use: Menards Store with outdoor sales and parking lot 0 SURROUNDING LAND USES North: Highway 36 South: Single dwellings and Citgo Motor Fuel Station West: Highway 61 East: Countryside VW/SAAB PAST ACTIONS March 28, 1988: The city council approved Menards' CUP and granted a parking reduction authorization. January 23, February 13, March 27 and April 6, 1989: The council changed the CUP conditions The changes were to clarify the screening fence and storage rack height requirements. March 26, 1990: The council reviewed the CUP. November 14, 1994, and September 11, 1995: The council amended the CUP conditions April 8, 1996: The council amended the CUP conditions because of a request for a seasonal, outdoor greenhouse and plant sale operation. May 20, 1996: The council again reviewed the CUP and directed Menards, Citgo, staff and the neighbors to meet and discuss several issues raised by one of the neighbors. These issues were about the screening fence, engine noises, fumes, parking and cross traffic between Citgo and Menards. August 12, 1997: The council reviewed the CUP again. The previous concerns and problems have been resolved. The council moved to review the CUP again only if a problem develops. PLANNING Land Use Plan designation: M -1 (light manufacturing) Zoning: M -1 ORDINANCE REQUIREMENTS Section 44- 512(4) requires a CUP for the exterior storage of goods or materials. Section 44- 637(b) requires a CUP for any building or exterior use within 350 feet of a residential district. Section 44 -17(a) requires parking for Menards at the ratios of one space for each 200 square feet of retail or office space and one parking space for each 1000 square feet of warehouse space. 7 CRITERIA FOR APPROVAL Criteria for Conditional Use Permit 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 26 and 27.) Ordinance Requirements Section 2- 290(b) of the city code requires that the community design review board make the following findings to approve plans: 1. That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. APPLICATION DATE The city received the complete CUP and CDRB applications for this request on January 17, 2006. Minnesota Statutes, Section 15.99 requires that the city take action within 60 days of receiving a complete application for a land use proposal. Therefore, the city is required to act on these requests by March 16, 2006. p:sec9 \menards 1999 to 2006 Attachments: 1. Applicant's Project Narrative 2. Location Map 3. Property Line 1 Zoning Map 4. Proposed Site Plan 5. Partial Site Plan 6. Partial Site Plan (Garden Center) 7. Proposed Building Elevations 8. January 25, 2006, memo from David Fisher 9. January 24, 2006, memo from Lt. Shortreed 10. October 25, 1999, City Council minutes 11. April 9, 2001, City Council minutes 12. CUP- Revision Resolution 13. Letter date - stamped March 8, 2006 from Robert Geske 14. Project Plans date - stamped March 8, 2006 (separate attachments) 0 UV - mt U, MEN I a I pipm W-EVIDI MUCH CUIRTM Maplewood, NIN t, The new Garden Center and store update will be located, designed, maintained, constructed and operated in conformity with the City's comprehensive plan and Code of Ordinances. 2. The new Garden Center and store update wilt not change the existing or planned character of the surrounding area. 3. The new Garden Center and store update will not depreciate property values. 0 4 The new Garden Center and store update will not involve any activity, process, materials, equipments 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 new Garden Center and store update will generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing, or proposed streets. 6. The new Garden Center and store update will be served by the existing, adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. T The new Garden Center and store update will not create excessive additional costs for public facilities or services, 8, The new Garden Center and store update will continue to maximize the preservation of and incorporate the site's natural and scenic features into the existing development design. 9. The new Garden Center and store update should cause minimal (if any) adverse environmental effects. to] 04 IrIM 019 IDWWRIMMIKOM I KWM slim W Lou Iti MOMIM I Conditional Use Revision approval from the Planning Commission and City Council. 2. Conunturity Design Review Board approval, I Approval for the reduction in required parking stalls to 401 parking stalls. 4. Any other approvals necessary to allow for the proposed addition and update. im Z\ N cn SEXTANT AVE P Q / C < GERVAIS AVE DR Attachment 2 COPE AVE COUNTY ROAD B JUNCTION AVE GERVAIS AVE Location Map Memrds 2280 Maplewood Drive Z\ Attachment 3 'Pul ........ .. ........ ... .. ........... ........ .. ........ ........ ........... GERVAIS AVE xx.xx ........... ..... .. .. .. ..... 14 228D ri L1 28 ..... ...... w. If f f E .. .. .. ..................... .. .......... 2160 217() Zoning Map Memrds 2280 Maplewood Drive , 1 la- P � 0-1- 2j5 2242 L-j .. ......................... F?y F . ... .. .. ... .. ... ... . . L J L -�P ad f 14 228D ri L1 28 ..... ...... w. If f f E .. .. .. ..................... .. .......... 2160 217() Zoning Map Memrds 2280 Maplewood Drive , 1 la- P � 0-1- 2j5 2242 L-j .. ......................... F?y F . ... .. .. ... .. ... ... . . L J L -�P ad Attachment 4 VAR NT fRQN F N Ti SCALE; 1/4' - 1*-0' 13 I Attachment 5 im Attachment 6 15 • � i E -- - ---- o i I VVE PLANTS I 1L — ®_I 120 -Q 4 LAWSCAPM 8L=5 so" 18 i 15 M1 W To: Ken Roberts, Planner From: David Fisher, Building Official Re: Menards New Garden Center Addition — Proposed Revision of the CUP & CDRB Date: January 25, 2006 - Provide complete building code analysis to verify the existing structure can be increased by 16,000 square feet and stay in compliance with the construction type of the existing building and the building setbacks per 2000 International Building Code for allowable area and exterior wall protection. - The city will require a complete building code analysis when the construction plans are submitted to the city for building permits. - All exiting must go to a public way. - Provide adequate Fire Department access to the buildings. - The addition to building is required to be fire sprinklered. I would recommend a pre - construction meeting with the contractor, the project manager and the city building inspection department. 17 Attachment 9 After reviewing the attached proposal on the Menard's Garden Center Addition, I have the following comments and suggestions: 1) Appropriate outdoor lighting should be provided during all times that the Garden Center will be in operation. im Attachment 10 MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, October 25, 1999 Council Chambers, Municipal Building Meeting No. 99 -24 A. CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Rossbach. B. PLEDGE OF ALLEGIANCE: C. ROLL CALL: George Rossbach, Mayor Present Sherry Allenspach, Councilmember Present Dale H. Carlson, Councilmember Present Kevin Kittridge, Councilmember Present Marvin C. Koppen, Councilmember Present H. PUBLIC HEARINGS: 1. 7:00 P.M. Menard's Conditional Use Permit Review (2280 Maplewood Drive) a. Mayor Rossbach convened the meeting for a public hearing. b. Manager McGuire introduced the staff report. c. Community Development Director Coleman presented the specifics of the report. d. Mayor Rossbach opened the public hearing, calling for proponents of opponents. The following person(s) were heard: Gary Colby, Menard's Deb Forbes, 1071 County Road B Peter Botick, 1115 County Road B George Velento, 1081 County Road B Gary Colby, 2nd appearance e. Mayor Rossbach closed the public hearing. Councilmember Carlson movedfintroduced the following Resolution approving a conditional use permit revision for a 33,769- square -foot addition at 2280 Maplewood Drive and moved its adoption: 99 -10 -100 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Menard's, Inc, is proposing changes to a conditional use permit to build a 33,769 - square -foot addition on the north side of the building at 2280 Maplewood Drive. The legal description is: 10 -�6 -99 SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; ELKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 WHEREAS, the history of this conditional use permit is as follows: On June 21, 1999, the planning commission recommended that the city council approve this permit. 2. On July 12, 1999, 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 from the city staff and planning commission. 3. On October 25, 1999, the city council held another public hearing regarding this proposal because several neighbors were missed in the mailing of notifications for the July 12, 1999 public hearing. The city staff published a notice in the paper and sent notices to all of 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 from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above- described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water 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. 10 -26 -99 2 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: Adherence to the site plan date - stamped May 5, 1999. The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening - fences as follows: (1) The eight -foot -tall screening fence west of 1071 County Road B and running east -west behind 1071, 1081 and part of 1101 County Road B shall remain. The applicant shall repair or repair latch hardware and reenforce all gate bracing to square the gates to hang straight. (2) All other screening fences that abut the residential lots shall be 14 feet tall. This means that all existing 10 -foot -tall screening fence shall be replaced with new 14 -foot -tall sections. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material. (4) All screening fences shall be continually maintained and repaired as needed. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14 -foot -tall fence. C. No more than 2'/2 feet of the 17'h -foot -tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menard's shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard shall be limited to 7:00 a.m. to 10:00 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit in one year if the proposed retail -space addition has not begun. 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menard's shall store all their materials within the fenced storage area. 10 -21 -99 9. Sanitation facilities shall be provided by Menard's for the employees. 10. The proposed building addition and site work 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. 11. This permit terminates the approval for the temporary, seasonal greenhouse. 12. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. The Maplewood City Council approved this resolution on October 25, 1999. Seconded by Councilmember Koppen Ayes - all Councilmember Carlson moved to approve the plans date - stamped May 5, 1999, and the parking - lot curbing addendum date - stamped May 14, 1999, for the 33,769- square -foot addition to Menard's, 2280 Maplewood Drive. Approval is subject to the following conditions: Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. b. Revise the building elevations for staff approval to extend the front (westerly) elevation of the proposed addition two feet to the west of the existing wall. The applicant shall use brick - imprinted, precast concrete panels, as proposed, on all sides of the proposed addition. The color shall be complementary to the brick color of the existing building. The applicant shall also revise the window mullion spacing to align with the precast panel joints. C. Revise the site and landscape plans for staff approval as follows: (1) Provide enough handicap - accessible parking spaces to comply with ADA (Americans with Disabilities Act) requirements. (2) Increase the tree sizes to six -feet -tall for the spruce trees and 2 inches in caliper for the deciduous trees. (3) Delete the curb cut labeled as "existing access" leading into the proposed 149 -car parking lot. Parking stripes shall be added in the area of this curb cut. d. Submit a site - lighting plan for staff approval for the new parking lot. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. 10 -2� -99 4 3. The applicant shall complete the following before occupying the building: a. Close the existing curb cut north of the building with continuous concrete curbing, remove the asphalt and landscape according to the approved plan. The proposed access driveway and curb cut shall meet all requirements of the city engineer. b. Menard's shall provide a gate and clear access to the sanitary sewer manhole on the site as part of this request. C. Provide continuous concrete curb and gutter all around the new parking lot west of the outside- storage yard. The applicant shall also provide the curbed medians as shown on the addendum and repave this entire area. d. Paint new rooftop mechanical equipment to match the building color if the units are visible. (code requirement) e. The trash- dumpster screening requirement is waived unless the dumpsters would be visible to the public. In which case, an enclosure shall be provided using the same materials and color as the building. f. An in ground lawn- irrigation system shall not be required for the landscaped area in the southwest corner of the site. The applicant shall install an in- ground lawn irrigation system for the landscaped area north of the building. g. Provide site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The city receives a cash escrow or an irrevocable letter of credit for the required work. The amount shall be 200 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. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Signs are not part of this approval. Staff will review sign permit requests. Seconded by Councilmember Koppen Ayes - all 10 -2� -99 5 MINUTES MAPLEWOOD CITY COUNCIL Attachment 11 7:00 P.M., Monday, April 9, 2001 Council Chambers, Municipal Building Meeting No. 01 -08 A. W CALL TO ORDER: A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 2 Menards Building Exterior Revision Approval (2280 Maplewood Drive) a. City Manager Fursman introduced the staff report. b. Community Development Director Coleman presented the specifics of the report. C. Boardmember Matt Ledvina presented the Community Design Review Board report. d. The following persons addressed the council: Gary Colby, Menard's, 4777 Menard Drive, Eau Claire, Wisconsin Will Rossbach, City of Maplewood Planning Commissioner Kathleen Juenemann, 721 Mt. Vernon Avenue East, Maplewood Councilmember Koppen moved to approve the plans date- stamped March 19, 2001, for the buildina desian and landscaoina chanaes for the Menards store addition at 2280 Maolewood Drive. Approval is subject to the property owner doing the following: 1. Painting all flashing and building fascias hunter green. 2. Painting or staining a horizontal accent stripe on the west, north and east sides of the addition. This stripe shall be hunter green to match the fascia and flashing. The width of this stripe shall be at least three feet high. This stripe shall be placed under the "Menard's" sign on the north side of the building. 3. Installing all landscaping on the site by the time of the occupancy of the addition or the applicant shall provide escrow as required previously by the city council. 4. Installing the two- tiered retaining wall planters with a brown -tone color as a contrast to the building color and a rock -face front that totals a height of five feet. 5. Compliance with the October 25, 1999, city council conditions except as stated above. Seconded by Mayor Cardinal Ayes - Mayor Cardinal, Councilmembers Collins, Koppen, Wasiluk Nays - Councilmember Allenspach s.a UKM.M - -MEEK CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Robert Geske, of Menards, Inc. is proposing changes to a site with an existing conditional use permit to build a 16,105- square -foot garden center addition on the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 (PIN 09- 29 -22 -43 -0042) WHEREAS, the history of this conditional use permit revision is as follows: On February 6, 2006, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approve the conditional use permit revision. 2. On March 13, 2006, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described conditional use permit revision, 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. 26 F-IN lIMMITEM 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: (additions are underlined and deletions are crossed out): 1. Adherence to the site plan date - stamped March 8, 2006 May 5, 1999. The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight -foot -tall screening fence west of 1071 County Road B and running east - west behind 1071, 1081 and part of 1101 County Road B shall remain. (2) All other screening fences that abut the residential lots shall be 14 feet tall. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14- foot -tall fence. c. No more than 2 1 /2 feet of the 17'/2 -foot -tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security shall be turned off after business hours. 6. The city council shall review this permit revision in one year 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 2 27 F-IN li -MITEK 10. 4-3, The proposed building addition and site work 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. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. The Maplewood City Council approved this resolution on 12006. Mr. Ken Roberts Planner Community Developincrit City orMaplewmod 1830 Count Road B East Maplewood MN 55109 Re: Site Plan Revisions esubmittal IN'lenard, Inc. — Nlaplcm, NIN I F - m� IT, 71--TIT& 10 V14 OVERNIGHTAIAIL (65!) 2303 »` Please feel free to contact me if you have any questions or comments reg'arding this matter. Thank y o u r ryour assistance in securing our approvals. cc: Man Prochaska, VP-Real Estate, Menard. Inc. MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, FEBRUARY 6, 2006 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:00 p.m. 11. ROLL CALL Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Present Chairperson Lorraine Fischer Present Commissioner Michael Grover Present Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary V. PUBLIC HEARING a. Conditional Use Permit Revision — Menards (2280 Maplewood Drive) (7:06 -7:26 p.m.) Mr. Roberts said Robert Geske, of Menards, Inc. is proposing to build a 16,105- square -foot garden center addition on the south side of the Menards store. They are proposing an exterior of glass panels, emerald green accent panels and a wrought iron fence for the garden center. The proposed plans also show changes to the existing parking lot and changes to the exterior of the building. Specifically, Menards would eliminate 17 parking spaces and reconfigure the parking lot so that all of the spaces would be at 90- degrees to the drive aisles. In addition, they are proposing to update the front of the store. This would include changing the existing mansard and signage over the main entrance and adding four fieldstone and timber columns to support the new canopy. Mr. Geske is asking for a conditional use permit revision, a parking reduction authorization for 50 spaces, and the site and building design plans to be approved. Commissioner Trippler said he spoke with people at Menards regarding the parking reduction on site and he doesn't think it will be a big issue. However, he asked if it would be appropriate to add a condition that Menards should hire a parking lot assistant to help with the traffic flow during the holiday season or during the busier times of the year? Chairperson Fischer asked the applicant to address the commission. Em Planning Commission -2- Minutes of 02 -06 -06 Mr. Robert Geske, Real Estate Associate with Menard, Inc., 4777 Menard Drive, Eau Claire, Wisconsin, addressed the commission. He said Mr. Roberts did an excellent job with his report and presentation. This is a fairly simple project if the city allows them to go forward with it. Menards looks forward to bringing this garden center addition into the city. Commissioner Grover said since most of the activity for a garden center mostly takes place in the spring, summer and early fall, he asked what Menards would be using the garden center space for during the late fall and into the winter months? Mr. Geske said a lot of Menards stores turn the garden center into an area to sell Christmas trees and other things during the off season months. If there were to be any storage in the garden center it would have to be stacked appropriately and would be done according to the city requirements. The garden center would be used for rocks, blocks, bricks, plants, flowers, trees, and other things like that during the season. Chairperson Fischer asked if Menards would have any problem with the request made by Commissioner Trippler regarding hiring someone to assist with the traffic flow during the busier times? Mr. Geske said he would have to take that back on advisement to the real estate committee but he believes Menards does that already. Chairperson Fischer asked if anybody in the audience wanted to address the commission. Mr. Will Rossbach, city councilmember and Maplewood Resident, 1386 County Road C East, Maplewood, addressed the commission. He said at a previous planning commission meeting Commissioner Grover said it would be nice to know what the city council might be looking for regarding certain projects. Mr. Rossbach said in the past the concern regarding Menards has been the residential homes along County Road B which is the reason the tall fence is there. Those residents may show up at one of the city meetings to see what the proposal for Menards is about. There was an oversight that occurred with the last Menards building addition project. There was an approved plan for Menards and they built a building that was not the same plan that had been approved by the city council. It wasn't discovered until the building was already started and he wants to make sure that Menards has crystal clear plans for the city and that Menards follows the approved plans so this problem doesn't occur again. Chairperson Fischer asked if anyone in the audience wanted to speak. Nobody came forward. Chairperson Fischer closed the public hearing. Commissioner Trippler moved to adopt the resolution on pages 26 -28 of the staff report. This resolution approves a conditional use permit revision for Menards at 2280 Maplewood Drive to add a 16,105- square -foot garden center to the existing store. The city bases this approval on the findings required by the code. Approval of this CUP revision is subject to the following conditions (additions are underlined and deletions are crossed out): 31 Planning Commission -3- Minutes of 02 -06 -06 Adherence to the site plan date - stamped January 17, 2006 M° °9Q The director of community development may approve minor changes. 2. Compliance with the following screening -fence requirements: a. The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1) The eight - foot -tall screening fence west of 1071 County Road B and running east - west behind 1071, 1081 and part of 1101 County Road B shall remain. (2) All other screening fences that abut the residential lots shall be 14 feet tall. (3) All screening fences shall be constructed of vertical boards of the same dimension, color and material. b. No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14 -foot -tall fence. C. No more than 2'12 feet of the 17'12- foot -tall interior storage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d. Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3. Hours of operation in the storage yard and garden center shall be limited to 7 a.m. to 10 p.m. 4. An exterior public address system shall not be allowed. 5. All lighting in the storage yard that is not needed for site security be turned off after business hours. 6. The city council shall review this permit in one year if Menards has not yet started the construction of the .garden center if the pFepesed Feta#-&p 7. Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8. Menards shall store all their materials within the fenced storage area. 9. Sanitation facilities shall be provided by Menards for the employees. 10. 4-3. The proposed building addition and site work 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. 32 Planning Commission -4- Minutes of 02 -06 -06 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. Commissioner Trippler moved to approve a parking - reduction authorization for Menards at 2280 Maplewood Drive to have 51 spaces fewer than the code requires. (The city code requires 451 parking spaces and Menards is proposing 401 parking spaces.) Approval is because: The required number of spaces is excessive. Menards has gotten by, essentially, with the main parking area in front of the building since 1988. Menards customers do not typically use other available parking areas on the site. 2. The proposed garden center addition would need 80 spaces according to the code. However, Menards is currently using this same area for retail sales and outdoor storage as approved earlier by the city. 3. Durinq busy holiday seasons, Menards shall hire and use a parking lot assistant to help with the traffic flow in the parking lot. Commissioner Pearson seconded. Ayes — Desai, Dierich, Fischer, Grover, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. This item goes to the city council on February 27, 2006. 33 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA WEDNESDAY, MARCH 1, 2006 CALL TO ORDER Chairperson Olson called the meeting to order at 6:01 p.m. 11. ROLL CALL Board member John Hinzman Absent Vice- Chairperson Matt Ledvina Present Chairperson Linda Olson Present Board member Ananth Shankar Present Board member Joel Schurke Present Staff Present: Shann Finwall Planner Lisa Kroll Recording Secretary VI. DESIGN REVIEW a. Menards — 2280 Maplewood Drive Ms. Finwall said Mr. Robert Geske, of Menard's Inc., is proposing to build a 16,105- square -foot garden center addition on the south side of the Menards store. They are proposing an exterior of glass panels, emerald green accent panels and a wrought iron fence for the garden center. The proposed plans also show changes to the existing parking lot and changes to the exterior of the building. Specifically, Menards would eliminate 17 parking spaces and reconfigure the parking lot so that all of the spaces would be at 90- degrees to the drive aisles. In addition, they are proposing to update the front of the store. This would include changing the existing mansard and signage over the main entrance and adding four fieldstone and timber columns to support the new canopy. Menards wants to change the signage on the building. Ms. Finwall said the planning commission recommended the CUP and the parking reduction to the city council on February 6, 2006. Board member Ledvina clarified that the CDRB would not be discussing the parking lot reduction? Ms. Finwall said the planning commission made a recommendation on the parking reduction but the CDRB can comment on that as part of the site plan. Board member Ledvina said regarding the recommendation for additional architectural features on the north fagade, the elevations provided really don't reflect the existing conditions with the extensive tiered landscaping that is on the north elevation. He asked if that recommendation accounts for the tiered landscaping? Ms. Finwall said initially Menards submitted a plan with the green stripe removed and that is where the concern came about and as the planning process went on, the city found out the green stripe would remain. That was taking into account the landscaping which was a 34 Community Design Review Board 2 Minutes 3 -1 -2006 condition of the CDRB in 2001. With that in mind staff thought it would be a nice element inclusive of the landscaping. Board member Ledvina said when you look at that elevation it would be easy to dress it up but the elevation does not represent the existing condition along the north facade. Ms. Finwall said she wished she would have taken a photo of the existing tiered landscaping conditions. Board member Schurke said he is personally not in favor of ornamenting the north elevation with these columns. This is a big box building and expresses itself that way. He would like to see if some element of landscaping occur at the entrance to the building since this is a landscaping /garden center and it has a hard scape entrance to the building. Board member Shankar had no comments at this time. Chairperson Olson asked the applicant to address the board. Mr. Mark Lee, representing Menards, 2280 Maplewood Drive, Maplewood, addressed the board. The other representative for Menards, Joel has fallen ill and could not be here this evening. As far as whether or not there will be landscaping in front of the garden center, what is shown on the garden center elevations is a low wall with the polycarbonate panels and glass and the accent panels above it. He said what Menards is proposing is an improvement over what is currently there. He would hate to make the assumption that there would be any other landscaping that is not already represented on the plan. Chairperson Olson asked if the entry to the landscaping area would only be accessible through the store or would it be accessible through the wrought iron fence? It is unclear on the plans. Mr. Lee said he has photos of another Menards garden center that was built to represent how this proposal would look. Mr. Lee gave the photos to staff to put on the screen. Chairperson Olson asked if there were any building materials to present to the board for review? Mr. Lee presented the board with two building samples. He said the emerald green metal accent panels would be for canopy structures, and the clear glass sample would be for the glass panels for the garden center walls. They would also be using a black wrought iron fence. Access to the garden center can be obtained both through the Menards store as well as through the garden center entrance itself. The board was not clear how far the wrought iron fence and the roofline of the garden center would go because the plan and the building elevation do not correlate, therefore there was much discussion back and forth regarding this as well as other issues. Board member Schurke said it appears to be impossible to have four canopies into the entrance area because on the elevation plan the entrance shows only one canopy above it. Chairperson Olson said she wasn't sure these plans were to scale. 35 Community Design Review Board 3 Minutes 3 -1 -2006 Mr. Lee said he didn't have a scale with him but he has no reason not to believe this wasn't exactly what Menards is proposing. The board did not have a scale to measure the plan either. Chairperson Olson asked what Menards proposed to do with the existing fence. Mr. Lee said the wood fence would remain. He said there are wood pallets and shelves stacked against the fence. Chairperson Olson asked if they would be painting or staining the wood fence to make it look more attractive. Mr. Lee said they propose to leave the fence natural. When you use stain it becomes blotchy and paint peels so they would leave the fence in its natural condition. Some stores use a chain link fence which would be see through and you can see the lumber supply, but they prefer to use a wood fence to block the view for the residents. Again there was a lot of time spent discussing the inconsistencies that the board found on the plans. Chairperson Olson said personally she does not have a problem with the design, she has a problem with the presentation and how it translates. Ms. Finwall said the scale of the canopies does not correspond to the plan and she doesn't believe four canopies would fit there. Ms. Finwall said perhaps the CDRB could vote on this proposal and make it a condition to have the plans clarified in better detail. Board member Ledvina asked what Menards reaction was to the staff condition labeled C. 2. b. which states Revise building elevations to keep or add major design elements on the north elevation. This could include keeping the green stripe on the building or adding fieldstone and timber columns as proposed for the front entrance. Mr. Lee said frankly he didn't think this would be an issue and he thought the plan was essentially acceptable as it was. If it's the preference to deviate from this plan he would hate to delay this development. He said maybe he could call Mr. Geske and ask what the preference was if it is okay with the board. Board member Ledvina said the staff report has been written for 1 month now. Mr. Lee said Mr. Geske is home sick this evening and Mr. Geske knows this plan front to back. Board member Shankar said Menards is proposing four new columns on the west side so it is the same type of treatment on the north side as proposed by staff. There is terraced keystone landscaping there and these timber columns may fall right on top of the landscaping. He said the planters are five feet from the building. Board member Ledvina said just to update you Mr. Lee, Menards was required to have the terraced keystone landscaping because Menards built their building five feet taller than what was allowed. 36 Community Design Review Board 4 Minutes 3 -1 -2006 Chairperson Olson said one of the reasons the board is so strict tonight is because the city has had problems with Menards Inc. in the past. The CDRB approved a building and Menards built the building taller than what was approved. The landscaped tiers were added on the north side of the building as a condition to make the height of the building appear not so tall. The CDRB wanted to require more but were unable to. There were very strong feelings there because Menards did not accurately represent what was constructed. That is one of the reasons the board is paying such close attention to this garden center proposal this evening. She said she is not particularly interested in seeing the columns added to the north side but what she would like to see is that the landscaping is cared for and enhanced. She has noticed a lot of the bushes have died and it seems to her if the landscaping was fortified more the columns would not be necessary. Personally she would prefer the columns to be near the doorway to attract attention and get the customers in and out of the store. If columns are placed near a service door for example that would be distracting for customers. Board member Schurke said he would concur with those statements. He would also recommend to staff that the board should have a scale ruler for proposals like this. When there are issues that are unclear the board would have a scale ruler on hand to verify the scale of things. Personally he would rather see Menards invest the money that they would have put into the columns and invest it into additional landscaping on the site. Including doing some landscaping to soften the whole parking lot experience. Board member Schurke said he would also like to see something done in terms of the storm water management on the site with the reduction in the parking requirements and with the adjacency to Keller Lake. Chairperson Olson thought those were very good observations to bring forward. Mr. Lee asked if Menards would have to bring these changes back to the CDRB for approval? Ms. Finwall said that's up to the CDRB if they want to see the revisions to the plans or not. Otherwise the board could recommend that staff review the changes for approval and then this could proceed to the city council. Board member Schurke said if it's appropriate he would recommend in order to not delay the process any longer than necessary if the conditions and changes are clear enough, staff could review the changes on behalf of the CDRB so it can be moved on to the city council. Board member Ledvina said this would go onto the city council next. Chairperson Olson said Menards can appeal the board's decision if they are not happy with the board's recommendation. Board member Shankar asked staff when this would be heard by the city council? Ms. Finwall said March 13, 2006. Board member Schurke said he would like to have the light post removed from the wrought iron fence. He thinks it would look nicer without it and he also has concerns about light pollution. 37 Community Design Review Board 5 Minutes 3 -1 -2006 Mr. Lee said personally he likes the decorative light post on the wrought iron fence. It would only use a 75 watt bulb and would not cast a lot of light, it's only meant to add some ornamentation to the fence. Chairperson Olson asked how many light posts there would be on the fences? Mr. Lee said he doesn't see them shown on the plan. Board member Schurke said they are shown on the site plan on page 13 of the staff report. Board member Schurke said he would be happy without them on the fence at all. Board member Ledvina said he would agree the light posts should not be there. Chairperson Olson said she would also agree they should not be there. Board member Schurke said he would recommend that some type of storm water management be looked at for this site. It struck him that this site is 95% impervious. Board member Ledvina said this site is grandfathered in and that is why there is so much impervious surface. Chairperson Olson said that could be added to condition C. 2. a. Board member Ledvina moved to approve the site plan date - stamped January 17, 2006, and the building elevations date - stamped February 6, 2006, for the 16,105- square -foot garden center addition to Menards at 2280 Maplewood Drive. Approval is subject to the following conditions: (changes to the conditions are underlined if added and stricken if deleted.) 1. Repeat this review in two years if the city has not issued a building permit for this project. 2. Before getting a building permit, the applicant shall: a. Submit grading, drainage, utility and erosion control plans to the city engineer for approval. The city engineering department should review the plans for the Possibility of Menards implementing some or additional types of best management practices to help treat storm water on the site. b Revise the site plans for staff approval to provide enough handicap- accessible parking spaces to comply with ADA (Americans with Disabilities Act) requirements. C. Submit for staff approval, consistent elevations and site plans which correlate to each other. The plans date - stamped January 17, 2006, and elevations date - stamped February 6, 2006, ar.ji�inconsistent and difficult to read. Community Design Review Board 6 Minutes 3 -1 -2006 d. Submit a revised wrought -iron fence elevation showing that the proposed decorative lights have been removed from the fence. e. Submit a landscaping plan showing the following: (1) All existing landscaping on the north side of the building. This plan should reflect all landscaping materials which are healthy, in poor health, or dead. The purpose of this plan is to ensure that all landscaping required previously by the city in this location has been planted and is healthy and thriving. (2) Work with staff to implement landscaping in front of or near the new garden center. If landscaping in this area is not feasible, work with staff to implement additional landscaping throughout the site. f. A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 3. The applicant shall complete the following before occupying the building addition: a. Menards shall provide a gate and clear access to the sanitary sewer manhole on the site as part of this request. b. Paint any new rooftop mechanical equipment to match the building color if the units are visible. (code requirement) C. The city waives the trash- dumpster screening requirement unless the dumpsters would be visible to the public. If Menards wants to keep their dumpsters outside, then they shall provide an enclosure for them using the same materials and color as the building. d. Provide site - security lighting as required by the code. The light source, including the lens covering the bulb, shall be concealed so not to cause any nuisance to drivers or neighbors. e. Meet all the requirements of the fire marshal including: (1) Keeping the perimeter of the building accessible for fire emergencies. The applicant should arrange with the fire marshal for access through the gate behind the building in the case of emergencies. (2) Installing a monitored fire protection system. (3) Providing a floor plan of the store and a fire department lock box at the main entrance. f. Verify that all existing required landscaping is healthy and growing, and replace the landscaping if it is not healthy and growing. Plant all other landscaping required with this approval. 39 Community Design Review Board 7 Minutes 3 -1 -2006 4. If any required work is not done, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. b. The above - required letter of credit or cash escrow is held by the city for all required exterior improvements. The owner or contractor shall complete any unfinished landscaping by June 1 of the next year if the building is occupied in the fall or winter, or within six weeks of occupancy if the building is occupied in the spring or summer. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Signs are not part of this approval. The applicant shall submit any requests for new or revised signs to staff for sign permits. Chairperson Olson seconded. Ayes — Ledvina, Olson, Shankar, Schurke The motion passed. This item goes to the city council on Monday, March 13, 2006. ,N Agenda Item L5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk Police Chief David Thomalla DATE: March 8, 2006 RE: Predatory Offender Ordinance Introduction The City currently has no ordinance in place directing what areas sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence within the City limits. This following "draft" ordinance is submitted to be a springboard for council conversation and an opportunity to express concerns with the ordinance. Staff has submitted a City map showing prohibited locations as defined by the ordinance. The City Clerk Department, working with the Police Department will update the map at least annually to reflect any changes in the location of prohibited zones. The ordinance may be problematic and controversial and may be subject to legal challenge. However protecting our children should take precedence over the potential of legal challenge. Recommendation Review the ordinance and accept the submitted "draft" as first reading. Also, direct staff after the second reading and publication of the ordinance to draft a resolution from the City Council to be sent to all neighboring jurisdictions urging that they too adopt a similar ordinance. Amendment to Ordinance Offenses and Miscellaneous Provisions SEXUAL OFFENDERS AND SEXUAL PREDATORS Findings and intent: (a) Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. Definitions: The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Designated offender means any person who has been convicted of a designated sexual offense, regardless of whether adjudication has been withheld. Designated sexual offense means a conviction, adjudication of delinquency, commitment under Minn. Stat. §§ 253B, or admission of guilt under oath without adjudication involving any of the following offenses: 609.342; 609.343; 609.344; 609.345; 609.352; 609.365; 617.23; 617.246; 617.247; 617.293; successor statutes; or a similar offense from another state. Permanent residence means a place where the person abides, lodges, or resides for 14 or more consecutive days. Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence. Sexual offender and sexual predator residence prohibition; penalties; exceptions. (a) Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence: a) within 2,000 feet of any school, licensed day care center, park, or playground; or b) within 1,000 feet of any designated public school bus stop, place of worship which provides regular educational programs (i.e. Sunday school), or other places where children are known to congregate. (b) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 1S years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas, or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non - familial children are present, are exempt from this paragraph. (c) Measurement of distance. 1. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, designated public school bus stop, day care center, park, playground, place of worship, or other place where children regularly congregate. 2. The City Clerk shall maintain an official map showing prohibited locations as defined by this Ordinance. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000.00 or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this ordinance constitutes a separate violation. (e) Exceptions. A designated offender residing within a prohibited area as described in (a) does not commit a violation of this section if any of the following apply: (1) The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minn. Stat. § 243.166, § 243.167, or successor statute, prior to January 1, 2006, or, if not required to register under those statutes, registers their residence with the City within ten (10) days after the effective date of this Ordinance. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) The person is a minor. (4) The school, designated public school bus stop, day care center, or other point described in (a) was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Minn. Stat. § 243.166 or § 243.167 or with the City if not required to register under those statutes. (5) The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or children. (6) The residence is a property owned or leased by the Minnesota Department of Corrections. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (a) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence of temporary residence pursuant to this Article, if such place, structure, or part thereof, trailer or other conveyance, is located within a prohibited location zone as described above. (b) A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures as provided in Chapter 1 of this Code, including the provisions of Chapter 1 that allow the city to seek relief as otherwise provided by law. (c) If a property owner discovers or is informed that a tenant is a designated offender after signing a lease or otherwise agreeing to let the offender reside on the property, the owner or property manager may evict the offender. Severability. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. Upon approval of the second reading the ordinance will be published in the official newspaper and will then be in effect.