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HomeMy WebLinkAbout2006 03-27 City Council PacketNo CouncilfManager Workshop AGENDA MAPLEWOOD CITY COUNCIL 7 :00 P.M. Monday, March 27, 2006 Council Chambers, City Hall Meeting No. 06 -09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments /questions shall be posed to the Mayor and Council. 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 March 13, 2006 City Council Meeting (Continued on March 16, 2006) 2. Minutes from the March 14, 2006 Special City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS/PRESENTATIONS 1. Trunk Highway 36 Reconstruction (White Bear to Century) — Presentation by MnDOT on Project Planning Issues 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. Parks and Recreation Commission Annual Report 3. County Road D Extension, West of Highway 61 — City Project 02 -08 a. Resolution for Modification of Existing Construction Contract, Change Orders Nos. 5 -16 4. Kenwood Area Street Improvements, City Project 05 -16, Resolution Approving Application for Easement across State Land 5. Kenwood Area Street Improvements, City Project 05 -16, Resolution Ordering Assessment Hearing 6. Council /Manager /Staff Retreat 1. PUBLIC HEARINGS 7:00 p.m. Tax - Exempt Financing Request — Ecumen (Lakeview Commons — 1200 Lakewood Drive North) J. AWARD OF BIDS K. UNFINISHED BUSINESS 1. TH 5 and TH 120 Property Owned by MnDOT — City Project 03 -20 — Review Finding of Public Purpose for Wetland Restoration Process 2. Reduced Front Yard Setback Appeal (2413 Linwood Avenue) 3. Predatory Offender Ordinance — Draft /First Reading 4. Code Amendment — Nonconforming Uses (Second Reading) L. NEW BUSINESS 1. Menards — 2280 Maplewood Drive a. Conditional Use Permit Revision b. Parking Reduction Authorization C. Design Approval 2. 111 Reduction Program @ 3M — City Project 06 -02 — Initiate Project and Authorize Project Funding 3. Gladstone Redevelopment Initiative — City Project 04 -21 — Approve Resolution Calling Special Meeting for April 18, 2006 to Review Alternatives 4. City Manager Purchasing Authority — Draft/First Reading 5. Council Appointments M. COUNCIL PRESENTATIONS 1. South Maplewood — Council Meeting(s) 2. Mapletree Group Home — Set Public Hearing (No Report) N. ADMINISTRATIVE PRESENTATIONS 1. Monday, April 3, 2006 — Class B Form of Government /Democratic Governance 2. Council /Manager /Staff Retreat —April 28, 2006 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. El A A 0 E. DRAFT -- MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, March 13, 2006 Continuation 5:00 P.M. Thursday, March 16, 2006 Council Chambers, City Hall Meeting No. 06 -06 CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at the order at 7:00 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present David Bartol, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA Mayor Longrie L6. Manager's Memo Dated March 10, 2006 L7. Preservation of Electronic Data Seconded by Councilmember Hjelle Ayes -All APPROVAL OF MINUTES 1. Minutes from the February 27, 2006 Council /Manager Workshop Agenda Item E1 II, and was called to Mayor Longrie Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann and Rossbach Abstain - Councilmember Cave 2. Minutes from the February 27, 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the February 27, 2006 City Council /Manager Workshop as corrected. Seconded by Councilmember Juenemann Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann and Rossbach Abstain - Councilmember Cave 3. Minutes from the March 6, 2006 Special City Council Meeting City Council Meeting 03 -13 -06 Mayor Longrie moved to approve the minutes from the February 13, 2006 City Council /Manager Workshop as corrected. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Hjelle, Juenemann and Rossbach Abstain - Councilmember Cave F. VISITOR PRESENTATIONS John Fallon, land and business owner in the City of Maplewood requested council input on the development of property he owns in Maplewood. Mayor Longrie and Council suggested Mr. Fallon provide new councilmembers with information on his proposal, and make application to the city. 2. David Bartol, 1249 Frisbee Avenue, Maplewood, recognized Public Works Director AN for the tremendous amount of work and persistence involved in the recent award his department received. Mr. Bartol read the following letter into the record: TO MAYOR AND CITY COUNCIL Of MAPLE4VOOD FRO. DAVID BARTOL SUBJECT- INLARCII 2 MEETING ON € LAIISTO E AI.TI RNATIVE PLAN DATE: 3/1312006 City Council Meeting 03 -13 -06 Mayor Longrie announced, due to the poor weather conditions, the Menards Development agenda item (1-4) will not be heard at this council meeting. This agenda item will be rescheduled to the March 27, 2006 meeting. APPOINTMENTSIPRESENTATIONS Resolutions of Appreciation — Rick Brandon /Audrey Duellman a. City Manager Fursman presented the report. b. Parks Director Anderson presented specifics from the report. Mayor Juenemann moved to adopt the following resolutions of appreciation to Rick Brandon and Audrey Duellman for their years of service on the Parks and Recreation Commission: 46 -03 -031 JOINT RESOLUTION OF, WHEREAS, Rick Brandon has been a n Commission since March 1995 and has served WHEREAS, the Parks and Recreation insights and good judgment and WHEREAS, he has freely given betterment of the City of Maplewood, a, the N i that and energy, for the WHEREAS, he has shown sincere dedication to his duties and has consistently contributed his leadership, time and effort for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota and its citizens, that Rick Brandon is hereby extended our heartfelt gratitude and appreciation for his dedicated service, and we wish him continued success in the future. 06 -03 -032 JOINT RESOLUTION OF APPRECIATION WHEREAS, Audrey Duellman has been a member of the Maplewood Parks and Recreation Commission since danuary 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 o f Maplewood; and WHEREAS, she has shown sincere dedication to her ditties and has consistently contributed her leadership, time and effort for the benefit of the City. FOR f Parks and Recreation to the present time; and his experience, City Council Meeting 03 -13 -06 NOW, THEREFORE, IT IS HEREBYRESOLyED for and on beha�fof the City of Maplewood, Minnesota and its citizens, that Audrey Duellman is hereby extended our hear /elt gratitude and appreciation for her dedicated service, and we wish her continued success in the future. Seconded by Councilmember Rossbach Ayes-All H. CONSENT AGENDA Councilmember Juenemann Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann Seconded by Councilmember Rossbach Ayes-All Mayor Longrie moved to adopt consent agenda item; Seconded by Councilmember Juenemann Ayes-All Councilmember Juenemann moved to adopt consent Community Design Review Board Members. Seconded by Mayor Longrie Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 317,956.21 Checks # 69324 thru # 619381 dated 02124106 thru 02128106 $ 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 02127106' thru 03101106 $ 385,091.05 Checks # 69386 thru # 69436 dated 03107106 $ 406,157.36 Disbursements via debits to checking account dated 02124106 thru 03102106 $ 1,412,637.38 Total Accounts Payable _ Payroll Checks and Direct Deposits dated $ 476,943.80 02124106 City Council Meeting 03 -13 -06 4 $ 2,284.75 Payroll Deduction check # 104298 thru # 104299 dated 02124106 $ 479,228.55 Total Payroll $ 1,891,865.93 GRAND TOTAL 2. North St. Paul /Lakeview Ambulance EMS Mutual Aid Agreement Adopted the Mutual Medical Services Mutual Aid Agreement between the City of Maplewood the City of North St. Paul and Lakeview Emergency Medical Services. 3. County Road D East Improvements (TH 61 to Southlawn) — City Project 02 -07 — Approve Amendment to Extend Temporary License Agreement with Xcel Energy Approved the following amendment to Extend the Temporary License Agreement with Xcel Energy for the County Road D East Improvements, City Project 02 -07, and authorized the Mayor and City Manager to execute the Amendment to Extend the Temporary License Agreement: AMENDMENT TO EXTEND TEMPORARY LICENSE AGREEMENT This AMENDMENT TO EXTEND TEMPORARY LICENSE AGREEMENT ( "Amendment ") is made effective this 31st day of January, 2006 by and between NORTHERN STATES POWER COMPANY, a Minnesota corporation, dlbla 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 ") (collectively, the "Parties "). . WHEREAS, Licensor is the fee SURVEY NO. 262, FILES OF THE RE and WHEKLAS, on August V, 2UUS, tn{ limited access to a portion of the Proper rights and duties among the Parties, one of certain real property described as TRACT A, REGISTERED LAND 4R OF TITLES, RAMSEY COUNTY, MINNESOTA (the "Property "); arties entered into a Temporary License Agreement granting Licensee nore particularly described in Exhibit A and setting forth certain other 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; M WHEREAS, the License Agreement was subsequently extended by amendment dated October 7, 2005; 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: City Council Meeting 03 -13 -06 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 togetherwith 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 invalidity of such provision shall not affect any other provisions. This Amendment may be executed in two or more counterpart original, but all of which shall constitute one and the same instrument IN WITNESS WHEREOF, this instrument shall be effective 5 C: 7 I r first a Approval of Spring Clean -Up Event Scheduled for April 29, 2C Approved the Spring Clean -up event scheduled for April 29, 2 Community Design Review Board 2005 Annual Report Accepted the annual report from the Maplewood Community Conditional Use Permit Review — University Auto Sales (1145 mpetent jurisdiction, the shall be deemed to be an hway 36) Approved 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. Parks and Recreation Department - Regular Part! -Time Employees Approved the creation of two regular part -time community gym representative positions to assist with day -to -day operations of the Edgerton and Carver Community Gyms. Purchase of One -Ton Truck and Utility Body Authorized 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. 1. PUBLIC HEARINGS 7:45 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 a. City Manager Fursman presented the report. b. Public Work Director AM presented specific from the report. C. Ron Cockriel, 943 Century Avenue, provided specifics from the report. d. Joe Peschges, President of Hill- Murray School, was present to provide further specifics, and to answer council questions. e. Craig Rafferty, Rafferty, Rafferty, Tollefson Architects spoke regarding design details. City Council Meeting 03 -13 -06 Ron Leif, Short, Elliott, Hendrickson provided details about the wetlands. g. Mark Guess, MnDOT representative, defined public vs transportation purpose. Parks and Recreation Anderson spoke about to the lack of need or demand for additional athletic fields for the City of Maplewood. Terry Wasiluk, 648 Birch Lane South, explained the bus garage is a school district owned operation. Mayor Longrie opened the public hearing, calling for prop persons were heard: John Sprangers, 7233 Courtly Road, Woodbury Larry Wauker, 365 E. Kellog Blvd., St. Paul Tom Peterson, District Manager Ramsey Conse Drive, Arden Hills Mark Gerness, 1837 McKnight Road, Maplewoc Kevin Kline, 2488 Arlington Avenue East, Maple Terry Wasiluk, 648 Birch Lane South, Shoreview Andrew Kline, 2488 Arlington Avenue East, Mar j. Mayor Longrie closed the publ Mayor Longrie Seconded by Councilmember Hjelle 9;37 p.m. Council took a brief recess. J. AWARD OF BIDS None K. UNFINISHED BUSINESS opponents. The following ,1425 Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nays - Councilmember Juenemann Kenwood Area Street Improvements, Project 05 -16 a. Resolution Approving Plans and Advertising for Bids b. Resolution Ordering Preparation of Assessment Roll a. City Manager Fursman presented the report. b. Public Works Director Ahl presented specifics from the report. Councilmember Rossbach moved to adopt the following resolution for the Kenwood Area Street Improvements, Project 05 -16 Approving Plans and Advertising for Bids: RESOLUTION 06 -03 -033 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, ng at 9:03 p.m. City Council Meeting 03 -13 -06 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. Seconded by Councilmember Hjelle Ayes-All Councilmember Rossbach moved to adopt the following resolution for the Kenwood Area Street Improvements, Proiect 05 -16 Ordering the Preparation of the Assessment Roll: RESOLUTION 06 -03 -034 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. econded by Councilmember Hjelle Ayes -All 2. Carver Crossings Improvements (formerly CoPar Development) — City Project 05 -07 — Approve Resolution Authorizing Distribution of Environmental Assessment Worksheet (EAW) a. City Manager Fursman presented the report. b. Public Works Director Ahl presented specifics from the report. C. Kurt Schneider, CoPar Companies, 8677 Eagle Point Blvd., Lake Elmo, responded to council questions regarding current properties on the parcel. d. Fire Chief Lukin responded to Councilmember Hjelle's request about acquiring a permit from the DNR to use the property for Fire Department Training. Councilmember Juenemann moved to adopt the following resolution receiving the EAW for the Carver Crossing Development Proposal and authorizing distribution of the EAW according to the Environmental Quality Board (EQB) distribution list and establishes a 30 -day comment period: City Council Meeting 03 -13 -06 RESOLUTION NO. 06 -03 -035 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 docu environmental impacts of the development scenario; and WHEREAS, EQB guidance calls for a mandatory 30 -day publi EAW document that commences with publication in the EQB Monitor; WHEREAS, the next publication date for the EQB April 12 NOW, THEREFORE, BE IT RESOLVED, by the City C draft EAW environmental analysis document for the Carver C comment commencing on March 13 and running to April 12 in Board Environmental Review Program procedures. ent deadline of City of Maplewood, Minnesota, that the Dlopment Plan be distributed for public with Minnesota Environmental Quality PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS 13 DAY OF MARCH 2006. Seconded by Councilmember Hjelle Ayes -All' Mr. AN announced a neighborhood meeting will be held March 30 regarding this item at the Fire Station on London Lane. Further information is available on the city website. 3. Conditional Use Permit Review — Comfort Bus Company (1870 Rice Street) a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics from the report. C. The following person was heard: d. Bill McCoskey, 106 Roselawn Avenue East Councilmember Rossbach moved to table this item until the March 27 City Council Meeting, in order for the applicant to be present. Seconded by Councilmember Juenemann Ayes -All 4. Purchasing Policies a. City Manager Fursman presented the report. b. Finance Director Faust presented specifics from the report. Councilmember Rossbach moved to adopt the Purchase Policy from Employee -Owned Companies. Seconded by Councilmember Cave Ayes-All is March 13 with a pu aces the cumulative meet period on the draft City Council Meeting 03 -13 -06 L. NEW BUSINESS 1. Intoxicating Liquor License — Sherry Peake — Keller Golf Course Clubhouse a. City Manager Fursman presented the report. b. REAL Director Guilfoile presented specifics from the report. C. Sherry Peake, 2166 Maplewood Drive, Maplewood, was present for council questions. Councilmember Rossbach moved to approve the on -sale liquor license for Sherry Peake for the Ke Golf Course Clubhouse. Seconded by Councilmember Hjelle Ayes-All 2. Approve Settlement Claim for Sewer Backup at 2621 Ariel Street North with Joe and Susan Grieman a. City Manager Fursman presented the report. b. Parks and Recreation Director Anderson presented specifics from the report. Councilmember Juenemann moved to approve the settlement agreement with Joe and Susan Grie Seconded by Councilmember Rossbach Ayes-All 3. Approve Noise Variance for Ramsey County to Perform Night Ti Beam Avenue between Hazelwood and White Bear Avenue Menards — 2280 Maplewood Drive a. Conditional Use Permit Revision b. Parking Reduction Authorization C. Design Approval a. City Manager Fursman presented the report. b. Public Works Director Ahl presented specifics from the report. ; ouncilmember Rossbach moved to aoarove the noise variance for Ra iffMITl IM = P, - a 11i11.T.. ". mi * M_ 'Li_ Seconded by Mayor Longrie Ayes -All Councilmember Hjelle moved to continue the meeting until 11:30 p.m. Seconded by Councilmember Cave Ayes -All 5. Predatory Offender Ordinance — Draft /First Reading a. City Manager Fursman presented the report. b. REAL Director Guilfoile presented specifics from the report. C. Police Chief Thomalla provided further specifics from the report. Maintenance on T[iiL- R� City Council Meeting 03 -13 -06 10 d. City Attorneys Kelly and Oliver provided legal perspective on the Predatory Offender Ordinance and answered council questions. Mayor Longrie moved to table the Predatory Offender Ordinance pending the receipt of all information requested by council. Seconded by Councilmember Rossbach Ayes-All Mayor Longrie adjourned the meeting at 12:00 a.m. CONTINUATION OF MARCH 13 CITY COUNCIL MEETING 5:00 p.m. Thursday, March 16 Councilmember Cave moved to waive the Robert Rules of Order regardinq additions to the agenda, Seconded by Councilmember Hjelle r Rossbach expressed how important it is not to have serial meetings, nor 6her than from the dais. M1. Acknowledgement of Petition M2. Ramsey/Washington County Cable Commission M3. Tartan Ice Arena Joint Powers M4. Mapletree CUP M5. Council Meetings /South Maplewood Location 6. Manager's March 10, 2006 Memorandum a. City Manager Fursman presented the report. b. Councilmemb to d i rect staff C. City Attorney meetings and d. City Manager at the Council Government. Preservation of Elect a. Mayor Longrii Mayor Longrie move Ayes-All )lained the content of the discussion is key in defining serial the day to day functioning of a typical Class B city. sman reminded council a speaker from the League of MN Cities will be eager Workshop on April Td to discuss the Plan B Form of nic the report and provided specifics of the report. to table this item the April 10 City Council Meeti Imember Rossbach Ayes-All MI. COUNCIL PRESENTATIONS Acknowledgement of Petition -Mayor Longrie acknowledged the seven page petition received from City Employees at the Tuesday, March 14 Special meeting. The original petition is on file with the City Clerk. 2. Ramsey/Washington Cable Commission - Councilmember Hjelle announced there is a proposed $150,000 that the Cable Commission will be returning to the city in cable fees. 3. Joint Powers /Tartan Ice Area - Councilmembers Cave and Hjelle attended the March 15 meeting and Ms. Cave provided an update from the meeting. City Council Meeting 03 -13 -06 11 4. Public Hearing to Revoke the CUP for Mapletree- Councilmember Cave asked City Manager Fursman to include this item on the next City Council Agenda. rA 5. Council Meetings /South Maplewood - Councilmember Cave requested a Council Meeting be held in south Maplewood, possibly when the chambers is under renovation. ADMINISTRATIVE PRESENTATIONS 1. Bid Award on Bond Issue — Mr. Fursman reminded council this brief meeting will be held on Thursday, March 23, 2006 at 5:00 p.m. 2. Retreat Update -Mr. Fursman suggested April 21S or the 28 for a Council /Staff Retreat with the 28 being preferred by the majority of the council. 3. April 3, 2006 /Council /Manager Workshop /Plan B Form of Government and Democratic Governance -City Manager Fursman announced Kevin Frazell from the League of MN Cities will be the Guest Speaker at this meeting. 4. Liquor License Ordinance - Councilmember Cave asked that the liquor license ordinance be available for the March 27 meeting. REAL Director Clerk G'uilfoile asked to leave the date at April 24 to ensure what is proposed is statutorily sound and offers council various options to decide upon. 5. Options to the League of MN Cities-Council member Hjelle asked if there is an additional source that could be brought in to speak to the Plan B Form of Government to provide a second perspective on the subject. City Manager Fursman suggested the International City Manger's Association as an option and he will contact them to see if a speaker would be available. 6. RCLLG- Councilmember Rossbach not Government will be holding a brainstoi focus on for the remainder of the year. ADJOURNMENT Mayor Longrie adjourned at 5:42 p.m. March 30`', a Ramsey County League of Local meeting to determine areas of common interests to City Council Meeting 03 -13 -06 12 Agenda Item E2 DRAFT -- MINUTES SPECIAL MEETING MAPLEWOOD CITY COUNCIL 5:32 P.M. Tuesday, March 14, 2006 Council Chambers, City Hall Meeting No. 06 -07 A. CALL TO ORDER 1 =11 A 41 A meeting of the City Council was held in the Council Chambe order at 5:30 P.M. by Mayor Longrie. lied to ROLL CALL Diana Longrie, Mayor Present Rebecca Cave, Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present City Attorney Kelly gave a clarification of the open meeting law. APPROVAL OF AGENDA 2a. Visitor Presentations 2b. Council Comments Councilmember Rossbach moved to approve the agenda as amended. Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nays- Councilmember Juenemann NEW BUSINESS 1. Appointment to the Dispatch Policy Committee a: Mayor Longrie presented the report. b. City Manager Fursman presented specifics from the report. C. Police Chief Thomalla and Councilmember Juenemann provided further specifics from the report. Councilmember Rossbach moved to appoint Councilmember Juenemann to the Dispatch Policy Committee. Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave, Hjelle, and Rossbach Abstain - Councilmember Juenemann 03 -14 -06 Special City Council Meeting 2. Maplewood Ordinance Sec. 2 -101 — Pertaining to the City Manager a. Mayor Longrie presented the report. Mayor Longrie moved to terminate the City Manager from his position with his full severance package and have Assistant City Manager Melinda Coleman as interim City Manager during the search and hiring of Manager Fursman's replacement. Seconded by Councilmember Cave The following persons were heard: Jerry Serfling, AFSCME Council V Lori Tolzman, 812 Mary Street, Maplewood Roxanne De Florin, Representing Citizens against Petty Politics MaryLee Abrams, 2940 Frank Street, General Council for Law Enforcement Officers Steven Hines, Maplewood Police Officer, 837 Lake Jane Trail, Lake Elmo George Rossbach, 1406 E. County Road C, Maplewood Mike Stockstead, President, Minnesota Profession< "' Kevin Schmidt, 1800 Phalen Place, Maplewood Peter Fischer, Parks Commission Chair, 2443 Stan Mark Gerness, 1837 McKnight Road, Maplewood City Attorney Kelly and City Attorney Lee disci councilmember Hjelle voting to remove the Cit Department employee. Attorney Lee informed Mayor Longrie that due was unable to obtain an opinion from the Attar Mayor Longrie Mayor Seconded by Council E. ADJOURN venue ibility of a conflict of interest for n his position since Mr. Hjelle is a Fire ie timeline of the meeting being called and held he General's Office. r Cave Ayes -Mayor Longrie, Councilmembers Cave, Juenemann and Rossbach Abstain - Councilmember Hjelle Mayor Longrie moved to adjourn the meeting at 8 :25 p.m. 03 -14 -06 Special City Council Meeting Agenda Item G1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Trunk Highway 36 Reconstruction (White Bear to Century) — Presentation by MnDOT on Project Planning Issues DATE: March 20, 2006 INTRODUCTION MnDOT and Ramsey County are proposing a major highway project on Highway 36 between White Bear Avenue and Century Avenue. MnDOT officials will be present to discuss the planning for the project. No action by the City Council is required. Background The Minnesota Department of Transportation (MnDOT), Ramsey County and the City of North St. Paul are currently preparing plans to reconstruct Trunk Highway 36 between White Bear Avenue and Century Avenue. The proposed project will include the addition of a grade - separated interchange at McKnight Road, grade separation at Margaret Street and pedestrian bridge at 1 s' Avenue in North St. Paul. Current plans call for the project to begin in 2007. When completed, the only signal system on TH 36 between Century Avenue and Interstate 35W in Roseville will be at the English Street intersection. The current cost estimate is $30 million. Officials at MnDOT, who are responsible for construction staging, are considering closing TH 36 during the 2007 construction season to facilitate the project. The disruption and local impacts could be considerable. The posted detour will be TH 61 to 1 -694. Chris Roy, MnDOT Regional Manager, and Kent Barnard, MnDOT Public Affairs Officer, will be present to explain why MnDOT is considering closing such a major roadway. The current budget for this project is just over $28 million. The closure of TH 36 would be for approximately four months and could save MnDOT and Ramsey County between $2 million and $3 million. Officials suggest that a majority of the project would be substantially complete in 2007 with the closure. The alternative to keep the roadway partially open during construction requires an additional $2.5 million and extends the project well into 2008. It is important to note that none of the participating agencies have funds available to cover the additional $2.5 million in project costs. MnDOT is continuing to prepare documents that are anticipated to be completed in April. A public meeting for North St. Paul residents was to be held on March 21. A similar meeting will be held for Maplewood residents following this presentation. RECOMMENDATION Attachments: 1. MnDOT Press Release on TH 36 Project Agenda Item G1 wa 11 ota Department of Transportation N; OF � Metropolitan District Waters Edge Building 1500 County Road B2 West Roseville, MN 55113 March 9, 2006 For Immediate Release 6121640 -4142 Phone: 651/582 Contact: Kent Barnard Office Phone: 6511582 -1364 Innovative construction to highlight Highway 36 open house in North St. Paul News Release Em (Roseville, Minn.) — Innovative proposals for reconstruction of Highway 36 between Highway 120 (Century Avenue) and White Bear Avenue in the cities of North St. Paul and Maplewood will be outlined at a public open house later this month in North St. Paul. Residents and commuters along the highway are invited to attend a public open house scheduled from 3 p.m. to 7 p.m., Tuesday, March 21, at the North St. Paul City Hall, 2400 Margaret St. Mn /DOT Metro District is considering some innovative construction methods, including full closure of the highway for approximately five months at the beginning of the project to accelerate work on the roadway and lessen the long -term affects of the work during the two -year construction period. The proposed project would rebuild Hwy 36 between White Bear Ave. and Century Ave. (Highway 120) to increase safety and improve access through the area. As planned, the new highway would feature a diamond interchange at Hwy 36 and McKnight Rd., a bridge to carry Margaret St. traffic over Hwy 36 and a pedestrian /bicycle bridge crossing the highway for the Gateway Trail. Currently reconstruction is scheduled to begin in the spring of 2007 with completion in the fall of 2008. Six at -grade intersections also will close and a frontage road is planned from McKnight Rd. to First St. Further information is available at http://www.dot.state.mn.us/metro/12rojects/th36/index.htmI Individuals with a disability, who need reasonable accommodations to participate, please contact Kent Barnard at 6591582 -1364. Hearing or speech impaired persons contact the Minnesota Relay Service at 1 -800- 627 -3529. AGENDA NO. H -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: March 27, 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. ACCOUNTSPAYABLE: $ 24,381.10 EFT 9 69437 thru 4 69438 dated 3114106 $ 311,955.43 Checks 9 69439 thru 4 69489 dated 3114106 $ 156,014.52 Disbursements via debits to checking account dated 3103106 thru 3109106 $ 266,349.10 Checks 9 69490 thru 9 69535 dated 03/21/06 $ 299,765.94 Disbursements via debits to checking account dated 03110106 thru 03116106 $ 1,058,466.09 Total Accounts Payable PAYROLL $ 491,050.97 Payroll Checks and Direct Deposits dated 03/10/06 $ 2,284.75 Payroll Deduction check 9 104516 thru 9 104517 dated 03110106 $ 493,335.72 Total Payroll $ 1,551,801.81 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_CLRK\Agenda Lists and Reports 2006\Agenda Reports\03- 27 -06 \H1 Approval of Claims.xis vchlist 0311012006 10:17:25 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description/Account 69437 3/14/2006 02728 KIMLEY -HORN & ASSOCIATES INC PROJ 02 -21 PROF SRVS THRU 1(31 PROJ 03 -26 PROF SRVS THRU 1131 PROJ 04 -21 PROF SRVS THRU 1131 PROJ 05 -10 PROF SRVS THRU 1131 PROJ 05 -38 PROF SRVS THRU 1131 69438 3/14/2006 02652 TETZLAFF. JUDY REIMB FOR TUITION & BOOKS 2 Checks in this report Amount 2,637.50 812.35 2,565.20 9,057.10 8,216.39 1,092.56 Total checks : 24,381.10 2 Check Register City of Maplewood 03/1012006 Check 69439 69440 69441 69442 69443 69444 69445 69446 69447 69448 69449 69450 69451 69452 69453 69454 69455 69456 69457 69458 69459 69460 69461 69462 69463 69464 69465 69466 69467 69468 69469 69470 69471 69472 69473 69474 69475 69476 69477 69477 69478 Date 03/1412006 03114/2006 0311412006 03114/2006 03/1412006 0311412006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03/14/2006 03114/2006 03114/2006 Vendor 00111 00130 02914 03623 03628 03595 00494 03593 02974 00241 00241 00358 00358 00358 00358 00358 00358 00358 00358 00412 00412 00412 03576 03516 00589 00652 00718 00718 00721 00708 00788 01894 01894 00809 00827 00904 00904 03624 03354 01088 01160 01202 01213 00001 00001 02043 01269 03625 00396 01387 01409 01409 01409 01409 01409 01418 01418 01418 01418 ANIMAL CONTROL SERVICES INC ASIAN AMERICAN PRESS BLUECROSS BLUESHIELD OF MN BOB WOLLER & SONS BLACKTOPPING JOHN CAPISTRANT STEVE CHEZIK CHILDREN HOME & FAMILY SERVICE CITY HEIGHTS INC THE CORBAN GROUP INC CSI SOFTWARE CSI SOFTWARE DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DGM INC. DONALD SALVERDA & ASSOCIATES DONALD SALVERDA & ASSOCIATES DONALD SALVERDA & ASSOCIATES EUREKA RECYCLING ANTHONY GABRIEL DAVE GRAF STEVE HEINZ INDEPENDENT SCHOOL DIST #622 INDEPENDENT SCHOOL DIST #622 INDEPENDENT SPORTS NETWORK IPMA MN CHAPTER ADMIN FLINT KAKIS KELLY & FAWCETT PA KELLY & FAWCETT PA TOMMY KONG LMCIT MLEEA MLEEA KEN MAUSTON MCA STUDENT SERVICES COMMITTEE MN POLLUTION CONTROL AGENCY NEWMAN TRAFFIC SIGNS NYSTROM PUBLISHING CO INC JULIE OLSON ONE TIME VENDOR ONE TIME VENDOR OVERHEAD DOOR COMPANY PIPE SERVICES CORP PREMIUM ELECTRICAL SRVS LLC DEPT OF PUBLIC SAFETY DR. JAMES ROSSINI S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT Description PATROL & BOARDING FEES 2113 - 2126 EMPLOYMENT ADS MONTHLY PREMIUM GRADING ESCROW FOR 2263 TILSON REIMB FOR COAT REPAIR SCOREKEEPER 1/21 THRU 2118 MAPLEWOOD YOUTH DIVERSION - FEB WINDOW CLEANING ROB CHAFFEE CONSULTING KEY TAGS KEY TAGS TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TRAINING & MATERIALS TRAINING & MATERIALS TRAINING RECYCLING - MAR REIMB FOR TUITION & BOOKS KARATE INSTRUCTOR 2/7 - 2/28 REIMB FOR MEALS 3/2 - 3/3 GYM SUPERVISION & RENTAL ROOM RENTAL BASKETBALL OFFICIAL SERVICES REGISTRATION FEE REIMB FOR MEAL & PRK 1/11 - 2127 LEGAL SERVICES - FEB PROSECUTION SERVICES - FEB REIMB FOR GUN SAFE CLAIM DEDUCTIBLE 11054187 POLICE EXPL CONF REGISTRATION MEMBERSHIP REIMB FOR MILEAGE 2 -16 CRIMINAL JUSTICE CAREER FAIR REGISTRATION FEE SIGN BLANKS MCC NEWSLETTER REIMB FOR MEAL 3/2 REF MARY WIMER - CANCEL RM REF ANITA TENISON- CANCEL RM INSTALL NEW ROLLING DOOR PROD 05 -16 STORM SWR TELEVISE 2121 208 VOLT & (2) 120 VOLT RECERTIFICATION CLASS FITNESS PROGRAM ADMIN FEE - FEB PROD 05 -36 PROF SRVS - JAN PROJ 05 -29 PROF SRVS - JAN PROD 04 -22 PROF SRVS - JAN AFTON HTS PARK WATER RES - JAN MONTHLY SRV FEE FOR NPDES - JAN MERCH FOR RESALE & PROG MERCH FOR RESALE CARVER & EDGERTON GYM SUPPLIES MERCH FOR RESALE Amount 1,050.98 240.46 141,052.50 1,000.00 27.00 84.00 3,526.08 1,917.00 567.00 560.00 555.00 170.40 143.78 143.78 143.78 111.83 111.83 111.83 111.83 873.73 873.73 600.00 20,148.70 497.22 175.50 86.32 873.00 18.00 1,368.00 20.00 19.80 14,162.74 9,825.00 100.00 796.15 1,320.00 60.00 12.15 40.00 120.00 670.95 1,520.82 86.53 175.00 150.00 9,000.00 2,040.35 370.00 45.00 100.00 2,806.99 593.44 387.79 340.51 220.50 290.67 271.35 219.31 205.16 3 03/1012006 Check 69479 69480 69481 69482 69483 69484 69485 69486 69487 69488 69489 Date 03/1412006 03114/2006 0311412006 03114/2006 03/1412006 0311412006 03/1412006 03114/2006 03/1412006 03114/2006 0311412006 03114/2006 03/1412006 0311412006 03/1412006 03114/2006 03/1412006 03114/2006 0311412006 03114/2006 03/1412006 0311412006 03/1412006 Vendor 01418 01418 01418 01418 01418 01418 01418 01418 01418 01556 01410 01504 03627 03626 01649 01649 00449 00449 03334 03334 01771 01190 01798 Check Register City of Maplewood SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SAM'S CLUB DIRECT SPEEDWAY SUPERAMERICA LLC SPI DESIGN GROUP CITY OF ST PAUL PAUL H SWETT TRI- COUNTY ASSN TRI -STATE BOBCAT, INC. TRI -STATE BOBCAT, INC. TYLER TECHNOLOGIES INC TYLER TECHNOLOGIES INC UNIQUE PAVING MATERIALS CORP UNIQUE PAVING MATERIALS CORP CITY OF WHITE BEAR LAKE XCELENERGY YOCUM OIL CO. Description MERCH FOR RESALE MERCH FOR RESALE BIRTHDAY CAKES & SUPPLIES FIRE STATION SUPPLIES EDGERTON GYM SUPPLIES MCC BIRTHDAY PROGRAM MCC BIRTHDAY PROGRAM MCC BIRTHDAY PROGRAM MCC BIRTHDAY PROGRAM FUEL DAILY ADMISSIONS CARDS CRIME LAB SRVS -JAN REIMB FOR MEETING 317 MEMBERSHIP DUES T -250 COMPACT TRACK LOADER & RETURN 4 TIRES EDEN SYSTEMS ANNUAL SUPPORT CREDIT - CANCEL CITIZEN SRVS PATCHING MATERIAL PATCHING MATERIAL TRAINING 3113 & 3114 GAS & ELECTRIC UTILITY PERF GOLD RED DYED DIESEL FUEL Amount 186.51 109.59 96.16 94.00 87.32 70.35 57.48 38.61 9.87 72.85 589.20 750.00 20.00 60.00 15,834.40 - 829.51 33,985.30 -2,377.90 417.48 351.02 25.00 24,642.71 14, 591.50 J 1 1.Vyz.41D 4 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description 03/02/06 03/03/06 MN State Treasurer Drivers License /Deputy Registrar 03/02/06 03/03/06 MN Dept of Natural Resources DNR electronic licenses 02/24/06 03/03/06 WI Dept of Revenue State Payroll Tax 03/03/06 03/06/06 MN State Treasurer Drivers License /Deputy Registrar 03/06/06 03/07/06 MN State Treasurer Drivers License /Deputy Registrar 03/07/06 03/08/06 MN State Treasurer Drivers License /Deputy Registrar 03/03/06 03/08/06 US Bank VISA One Card* Purchasing card items 03/08/06 03/09/06 MN State Treasurer Drivers License /Deputy Registrar TOTAL *Detailed listing of VISA purchases is attached. Amount 21,448.75 460.50 2,054.52 20,636.50 19,505.00 22, 759.32 56, 327.98 12,821.95 156,014.52 VISA transactions 02 -18 -06 to 03- 03 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060221 20060223 CVS PHARMACY #1751 Q03 $3.18 BRUCE K ANDERSON 20060301 20060303 SPRINT PCS- 996 -SP IVR $60.00 BRUCE K ANDERSON 20060217 20060220 ANDON BALLOONS INC - 2 $111.82 MANDY ANZALDI 20060217 20060220 FACTORY CARD OUTLET #284 $77.66 MANDY ANZALDI 20060218 20060220 TARGET 00000612 $3.20 MANDY ANZALDI 20060224 20060227 ALL ABOUT DANCE.COM $456.95 MANDY ANZALDI 20060224 20060227 KMART 00030346 $51.95 MANDY ANZALDI 20060228 20060301 THEATRE HOUSE $162.40 MANDY ANZALDI 20060228 20060302 ORIENTAL TRADING CO $138.80 MANDY ANZALDI 20060301 20060303 JOANN ETC #1970 $30.42 MANDY ANZALDI 20060301 20060303 TOYS R US #6046 $31.94 MANDY ANZALDI 20060301 20060303 MICHAELS #2744 $28.88 MANDY ANZALDI 20060221 20060223 STRETCHERS INC $723.80 JOHN BANICK 20060221 20060228 RHINO COMMUNICATIONS $1,304.63 JOHN BANICK 20060222 20060224 SHRED -IT 01 OF 01 $113.22 JOHN BANICK 20060223 20060227 EAT INC $261.35 JOHN BANICK 20060224 20060227 NORTH STAR TOWING $105.20 JOHN BANICK 20060228 20060302 ARROWHEAD EMERGENCY MEDIC $245.00 JOHN BANICK 20060216 20060220 VIKING ELEC- CRED101 OF 01 $194.85 JIM BEHAN 20060217 20060220 MUSKA LIGHTING CENTER $1,581.14 JIM BEHAN 20060217 20060220 MUSKA LIGHTING CENTER $254.56 JIM BEHAN 20060217 20060220 PRIORTIY COURIER $64.17 JIM BEHAN 20060217 20060220 THERMO -DYNE INC $1,002.73 JIM BEHAN 20060217 20060220 THERMO -DYNE INC $979.00 JIM BEHAN 20060221 20060223 SIMPLEX GRINNELL WEB P $283.29 JIM BEHAN 20060222 20060223 VIKING AUTOMATIC SPRINKL $294.00 JIM BEHAN 20060222 20060223 US BUILDER SUPPLY $133.30 JIM BEHAN 20060228 20060301 EL REINHARDT COMPANY INC $446.24 JIM BEHAN 20060302 20060303 GOPHER BEARING COMPANY $404.86 JIM BEHAN 20060217 20060220 BLUE RIBBON BAIT & TACKL $6.18 OAKLEY BIESANZ 20060227 20060301 AUTOZONE #3082 $21.66 RON BOURQUIN 20060221 20060222 USPS 2663650015 $39.50 ROGER BREHEIM 20060224 20060227 CITI -CARGO $106.50 ROGER BREHEIM 20060224 20060227 SEARS ROEBUCK 1122 $372.74 TROY BRINK 20060227 20060301 SEARS ROEBUCK 1122 $101.07 TROY BRINK 20060301 20060302 FEDEX KINKO'S #0617 $59.64 HEIDI CAREY 20060301 20060302 HELMER PRINTING $531.44 HEIDI CAREY 20060222 20060223 SAINT PAUL AREA CHAMBER $10.00 MELINDA COLEMAN 20060222 20060224 CUB FOODS $7.44 MELINDA COLEMAN 20060223 20060227 WOLF CAMERA #1530 $14.46 MELINDA COLEMAN 20060220 20060222 PROMOTE IT INTERNATIONAL $149.00 LINDA CROSSON 20060224 20060227 GE CAPITAL $158.69 LINDA CROSSON 20060224 20060228 CITY BUSINESS - MINNEAPOLIS $79.95 LINDA CROSSON 20060225 20060228 TIME WARNER CABLE $109.79 LINDA CROSSON 20060301 20060303 BLOOMINGTON SECURITY SOLU $71.36 LINDA CROSSON 20060301 20060303 BLOOMINGTON SECURITY SOLU $39.14 LINDA CROSSON 20060227 20060301 SKILLPATH SEMINARS $199.00 ROBERTA DARST 20060228 20060301 COMCAST CABLE COMM $107.09 ROBERTA DARST 20060228 20060301 TWIN CITY SAW CO $40.98 THOMAS DEBILZAN 20060217 20060220 RAY ALLEN MFG CO INC $249.60 RICHARD DOBLAR 20060301 20060302 JIMMY JOHNS #382 Q62 $37.33 RICHARD DOBLAR 20060223 20060224 CORPORATE MARK INC $22.50 ROBERT J DOLLERSCHELL 20060224 20060227 SEARS ROEBUCK 1122 $15.96 DOUG EDGE 20060224 20060227 SEARS ROEBUCK 1122 $350.26 DOUG EDGE 20060224 20060227 THE HOME DEPOT 2801 $71.32 DOUG EDGE 20060216 20060220 HIRSHFIELD'S MAPLEWOOD $292.75 DAVE EDSON VISA transactions 02 -18 -06 to 03- 03 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060228 20060301 MAUTZ #3525 $100.38 DAVE EDSON 20060215 20060220 CRAMER BLDG SERVICES INC $208.00 LARRY FARR 20060217 20060220 FERGUSON ENT #1650 $68.71 LARRY FARR 20060217 20060220 THE HOME DEPOT 2801 $41.41 LARRY FARR 20060217 20060220 CYBEX INTERNATIONAL $110.20 LARRY FARR 20060221 20060223 MINVALCO INC {$265.97} LARRY FARR 20060221 20060223 MILLS FLEET FARM #27 $70.55 LARRY FARR 20060222 20060224 EXPRESS MESSENGER SYSTEM $23.80 LARRY FARR 20060224 20060227 SPRINT STORE #NO354 ($33.54) LARRY FARR 20060227 20060301 MENARDS 3022 $40.33 LARRY FARR 20060302 20060303 CYBEX INTERNATIONAL $90.87 LARRY FARR 20060218 20060220 SENSIBLE LAND USE COAL $32.00 SHANN FINWALL 20060218 20060220 SENSIBLE LAND USE COAL $32.00 SHANN FINWALL 20060223 20060224 SUPER STOP PLUS $18.85 SHANN FINWALL 20060220 20060221 WMS *WASTE MGMT WMEZPAY $345.23 DAVID FISHER 20060220 20060221 WMS *WASTE MGMT WMEZPAY $345.23 DAVID FISHER 20060228 20060302 INT'L CODE COUNCIL INC $311.00 DAVID FISHER 20060228 20060302 INT'L CODE COUNCIL INC $71.00 DAVID FISHER 20060217 20060220 POSGUYS.COM $415.54 MYCHAL FOWLDS 20060221 20060223 THE PERCS INDEX INC $500.00 MYCHAL FOWLDS 20060223 20060227 ACS GOVERNMENT SYSTEMS $2,157.69 MYCHAL FOWLDS 20060224 20060227 NEWEGG COMPUTERS $514.96 MYCHAL FOWLDS 20060224 20060227 CABLES N MOR, INC $64.64 MYCHAL FOWLDS 20060227 20060301 HENRIKSEN ACE HARDWARE $2.96 MYCHAL FOWLDS 20060301 20060302 QQEST ASSET MANAGEMENT $349.00 MYCHAL FOWLDS 20060301 20060303 ELECTRO WATCHMAN INC $319.50 MYCHAL FOWLDS 20060302 20060303 NEWEGG COMPUTERS ($258.98) MYCHAL FOWLDS 20060302 20060303 HP HOME STORE $336.53 MYCHAL FOWLDS 20060218 20060220 HP DIRECT- PUBLICSECTOR $4,651.09 NICK FRANZEN 20060222 20060223 BATTERIES PLUS $12.12 NICK FRANZEN 20060222 20060223 HP DIRECT- PUBLICSECTOR $3,397.78 NICK FRANZEN 20060223 20060224 GENERAL NANOSYSTEMS INC $176.54 NICK FRANZEN 20060223 20060227 WWW.CIRCUITCITY.COM $53.24 NICK FRANZEN 20060302 20060303 HP DIRECT- PUBLICSECTOR $333.04 NICK FRANZEN 20060217 20060220 PAKOR INC $439.83 PATRICIA FRY 20060223 20060224 S & T OFFICE PRODUCTS $377.74 PATRICIA FRY 20060224 20060227 S & T OFFICE PRODUCTS $36.23 PATRICIA FRY 20060224 20060227 S & T OFFICE PRODUCTS $28.76 PATRICIA FRY 20060227 20060301 CUB FOODS, INC. $80.27 PATRICIA FRY 20060228 20060301 S & T OFFICE PRODUCTS ($33.99) PATRICIA FRY 20060228 20060302 RED'S SAVOY PIZZA $82.02 PATRICIA FRY 20060228 20060302 5 -8 TAVERN & GRILL $80.50 PATRICIA FRY 20060225 20060227 CUB FOODS, INC. $32.60 RICHARD FURSMAN 20060301 20060302 MENARDS 3129 $36.62 VIRGINIA GAYNOR 20060222 20060224 CREATIVE PROMOTIONS INTER $828.07 CLARENCE GERVAIS 20060217 20060220 S & T OFFICE PRODUCTS $248.86 JEAN GLASS 20060227 20060228 S & T OFFICE PRODUCTS $38.08 JEAN GLASS 20060222 20060224 OFFICE MAX 00002204 $9.85 MIKE GRAF 20060223 20060227 DEMCO INC $28.68 JANET M GREW HAYMAN 20060228 20060302 RAINBOW FOODS 00088526 $28.84 JANET M GREW HAYMAN 20060228 20060302 CUB FOODS, INC. $31.73 KAREN E GUILFOILE 20060301 20060303 INTAB INC $1,973.73 KAREN E GUILFOILE 20060221 20060222 NORTHERN TOOL EQUIPMNT $7.40 MARK HAAG 20060227 20060228 NORTHERN TOOL EQUIPMNT $14.89 MARK HAAG 20060227 20060228 NORTHERN TOOL EQUIPMNT $30.30 MARK HAAG 20060227 20060228 NORTHERN TOOL EQUIPMNT $111.79 MARK HAAG VISA transactions 02 -18 -06 to 03- 03 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060223 20060224 S & T OFFICE PRODUCTS $77.81 LORI HANSON 20060301 20060303 DATABAZAAR.COM $143.59 LORI HANSOM 20060302 20060303 S & T OFFICE PRODUCTS $19.04 LORI HANSOM 20060218 20060220 MENARDS 3059 $47.24 PATRICK HEFFERNAN 20060223 20060224 MENARDS 3059 $36.68 PATRICK HEFFERNAN 20060228 20060302 CENTURY COMMUNITY TECHNIC $720.00 PATRICK HEFFERNAN 20060302 20060303 SWIMOUTLET.COM $374.25 RON HORWATH 20060302 20060303 PSW *FRONTIER PRO SHOP $199.71 RON HORWATH 20060301 20060303 DE LACE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 20060221 20060223 TIERNEY BROTHERS INC $782.10 SCOTT JACOBSON 20060227 20060301 THE HOME DEPOT 2801 $63.90 DON JONES 20060224 20060227 MILLS FLEET FARM #27 $13.83 TOM KALKA 20060227 20060301 WOLF CAMERA #1530 $5.10 TOM KALKA 20060221 20060222 U OF M WATER RESOURCES $200.00 LOIS KNUTSON 20060221 20060222 MECA $240.00 LOIS KNUTSON 20060216 20060220 SPORTSMITH LLC $50.31 MARY B KOEHNEN 20060222 20060224 SPORTSMITH LLC $11.68 MARY B KOEHNEN 20060223 20060224 VERIZON WRLS OT 12KW $141.31 DUWAYNE KONEWKO 20060220 20060222 OFFICE DEPOT #375 $29.79 STEVEN KUMMER 20060221 20060223 UNIFORMS UNLIMITED INC $163.07 DAVID KVAM 20060227 20060301 KEYS ROBERT STREET CAFE $8.02 DAVID KVAM 20060224 20060227 VERIZON WRLS OT 12KW $137.37 SHERYL L LE 20060216 20060220 THE HOME DEPOT 2801 $20.02 DENNIS LINDORFF 20060224 20060227 NORTHERN TOOL EQUIP -MN $9.56 DENNIS LINDORFF 20060220 20060221 AMERICAN MESSAGING RECUR $17.71 STEVE LUKIN 20060223 20060224 EMERGENCY APPARATUS MAINT $111.78 STEVE LUKIN 20060223 20060227 METRO SALES INC $268.81 STEVE LUKIN 20060223 20060227 DEPT OF PUBLIC SAFETY $165.00 STEVE LUKIN 20060228 20060301 AIRGAS NORTH CENTRAL INT $205.56 STEVE LUKIN 20060228 20060301 AIRGAS NORTH CENTRAL INT $1,109.21 STEVE LUKIN 20060301 20060302 AIRGAS NORTH CENTRAL INT $880.04 STEVE LUKIN 20060302 20060303 ANCOM TECHNICAL CENTER IN $171.65 STEVE LUKIN 20060221 20060222 METRO ATHLETIC SUPPLY INC $726.33 MARK MARUSKA 20060222 20060223 VIKING INDUSTRIAL CENTER $118.13 MARK MARUSKA 20060227 20060228 FACTORY CARD OUTLET #284 $19.14 ALEISA METRY 20060216 20060220 OFFICE MAX 00002204 $138.44 ED NADEAU 20060227 20060228 AMERICAN TRAINCO INC $790.00 ED NADEAU 20060301 20060302 METROCALL ARCH WIRE $39.35 ED NADEAU 20060222 20060223 SPRINT *WIRELESS SVCS $520.91 BRYAN NAGEL 20060223 20060224 CERTIFIED LABORATORIES $295.62 BRYAN NAGEL 20060221 20060223 RYCO SUPPLY COMPANY $29.44 JEAN NELSON 20060221 20060223 THE HOME DEPOT 2801 $185.09 RICHARD NORDQUIST 20060222 20060223 IRON AGE CORP $123.44 ERICK OSWALD 20060220 20060222 THE HOME DEPOT 2801 $26.40 ROBERT PETERSON 20060216 20060220 PRO TEC DESIGN $28.70 PHILIP F POWELL 20060217 20060220 PACK AND MAIL $78.19 PHILIP F POWELL 20060217 20060220 ABACUS PLUS SERVICES INC $6.60 PHILIP F POWELL 20060222 20060224 PEAVEY CORPORATION $68.85 PHILIP F POWELL 20060226 20060228 BEST PAKIEBURLAP $114.80 PHILIP F POWELL 20060217 20060220 EMERGENCY MEDICAL PROD $359.96 ROBERT PRECHTEL 20060302 20060303 BEST BUY 00000109 $191.69 ROBERT PRECHTEL 20060301 20060302 GE CAPITAL $331.22 WILLIAM J PRIEFER 20060216 20060220 CATCO PARTS & SERV #1 {$686.00} STEVEN PRIEM 20060216 20060220 TRUCK UTILITES INC $148.95 STEVEN PRIEM 20060217 20060220 CATCO PARTS & SERV #1 ($44.59) STEVEN PRIEM 20060217 20060220 BAUER BOLT TRE33200023 $390.47 STEVEN PRIEM VISA transactions 02 -18 -06 to 03- 03 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060217 20060220 PIONEER RIM & WHEEL CO. $25.18 STEVEN PRIEM 20060217 20060220 KATH AUTO PARTS NSP $13.37 STEVEN PRIEM 20060221 20060222 KATH AUTO PARTS $69.59 STEVEN PRIEM 20060221 20060222 ZIEGLER INC CREDIT DEPT $60.67 STEVEN PRIEM 20060221 20060223 TOUSLEY FORD 127200039 $494.56 STEVEN PRIEM 20060222 20060223 MACQUEEN EQUIPMENT INC $335.79 STEVEN PRIEM 20060222 20060223 MACQUEEN EQUIPMENT INC $150.00 STEVEN PRIEM 20060223 20060224 KATH AUTO PARTS NSP $42.30 STEVEN PRIEM 20060223 20060224 KATH AUTO PARTS $46.55 STEVEN PRIEM 20060223 20060227 GILLUND ENTERPRIZES $93.90 STEVEN PRIEM 20060224 20060227 KATH AUTO PARTS NSP $14.31 STEVEN PRIEM 20060227 20060228 #19 FACTORY MTR PRTS $434.35 STEVEN PRIEM 20060227 20060228 #41 FACTORY MTR PRTS $43.51 STEVEN PRIEM 20060227 20060301 BAUER BOLT TRE33200023 $376.05 STEVEN PRIEM 20060227 20060301 O'REILLY #1569 $35.91 STEVEN PRIEM 20060228 20060301 MACQUEEN EQUIPMENT INC ($103.13) STEVEN PRIEM 20060228 20060301 BAUER BOLT TRE33200023 $116.38 STEVEN PRIEM 20060228 20060301 POLAR CHEVROLET $195.99 STEVEN PRIEM 20060228 20060301 KATH AUTO PARTS NSP $51.14 STEVEN PRIEM 20060301 20060303 COMO LOBE & SUPPL01 OF 01 $107.18 STEVEN PRIEM 20060227 20060301 UNIFORMS UNLIMITED INC $47.87 KEVIN RABBETT 20060228 20060301 SPRINT *WIRELESS SVCS $2,097.84 KEVIN RABBETT 20060227 20060302 DALCO ENTERPRISES, INC $730.89 MICHAEL REILLY 20060219 20060221 WALGREEN 00029363 $33.14 AUDRA ROBBINS 20060220 20060222 MARCUS OAKD.CIN #488 Q25 $75.25 AUDRA ROBBINS 20060228 20060301 MAPLEWOOD PARKS AND RECRE $3.00 AUDRA ROBBINS 20060221 20060222 NEEDELS SUPPLY INC $116.92 ROBERT RUNNING 20060224 20060227 KATH AUTO PARTS $134.19 ROBERT RUNNING 20060227 20060301 THE HOME DEPOT 2801 $86.69 ROBERT RUNNING 20060218 20060220 STAPLES SCC #467 $237.66 DEB SCHMIDT 20060222 20060224 SHRED -IT 01 OF 01 $17.65 DEB SCHMIDT 20060223 20060227 CLOVER SUPER FOODS $140.71 RUSSELL L SCHMIDT 20060222 20060224 THE HOME DEPOT 2801 $8.37 SCOTT SCHULTZ 20060301 20060302 T- MOBILE $46.42 SCOTT SCHULTZ 20060301 20060303 UNIFORMS UNLIMITED INC $57.51 MICHAEL SHORTREED 20060301 20060303 UNIFORMS UNLIMITED INC $69.00 MICHAEL SHORTREED 20060301 20060303 UNIFORMS UNLIMITED INC $5.86 MICHAEL SHORTREED 20060217 20060220 S & T OFFICE PRODUCTS ($2.74) ANDREA SINDT 20060224 20060227 S & T OFFICE PRODUCTS $126.01 ANDREA SINDT 20060216 20060220 MCDONALD'S F4918 $6.38 SCOTT STEFFEN 20060217 20060220 SUBWAY #400 $7.44 SCOTT STEFFEN 20060302 20060303 DON' PAINT & BODY SHOP $100.00 SCOTT STEFFEN 20060216 20060220 DE LADE LANDEN OPERATIONA ($626.43) JOANNE M SVENDSEN 20060221 20060222 INTERSTATE ALL BATTERY $29.56 RUSTIN SVENDSEN 20060222 20060224 JEFFERSON FIRE & SAFETY I $1,442.26 RUSTIN SVENDSEN 20060222 20060224 DEPT OF PUBLIC SAFETY $165.00 RUSTIN SVENDSEN 20060223 20060227 FIREHOUSE SUBSCRIPTION $52.00 RUSTIN SVENDSEN 20060223 20060227 VIKING ELEC- CRED101 OF 01 $421.03 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $281.49 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $153.63 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $278.29 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $145.17 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $103.79 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $185.58 RUSTIN SVENDSEN 20060301 20060303 ASPEN MILLS 8005717343 $44.95 RUSTIN SVENDSEN 20060221 20060223 EL REINHARDT COMPANY INC $13.27 LYLE SWANSON VISA transactions 02 -18 -06 to 03- 03 -06. Trans Date Posting Date Merchant Name Trans Amount Name 20060222 20060223 GREEN LIGHTS RECYCLING IN $158.20 LYLE SWANSON 20060227 20060301 FOREST PRODUCTS SUPPLY $202.35 LYLE SWANSON 20060228 20060301 MUSKA LIGHTING CENTER $92.76 LYLE SWANSON 20060228 20060301 MUSKA LIGHTING CENTER $722.49 LYLE SWANSON 20060228 20060302 HIRSHFIELD'S MAPLEWOOD $41.17 LYLE SWANSON 20060228 20060303 ARM COM DISTRIBUTING CO $243.59 LYLE SWANSON 20060301 20060302 T- MOBILE $144.04 DOUGLAS J TAUBMAN 20060220 20060221 QWESTCOMM *TN651 $371.88 JUDY TETZLAFF 20060224 20060227 QWESTCOMM *TN651 $57.65 JUDY TETZLAFF 20060217 20060220 MENARDS 3059 $344.38 TODD TEVLIN 20060228 20060302 TRUCK UTILITES INC $353.31 TODD TEVLIN 20060223 20060227 FBI / LEEDA, INC $225.00 DAVID J THOMALLA 20060227 20060301 BRODIN STUDIOS $215.00 DAVID J THOMALLA 20060221 20060223 OFFICE MAX 00002204 $4.25 JOSEPH WATERS 20060226 20060228 OFFICE MAX 00002204 $28.73 JOSEPH WATERS 20060218 20060220 CUB FOODS, INC. $24.18 SUSAN ZWIEG 20060223 20060227 QUILL CORPORATION $145.28 SUSAN ZWIEG 20060223 20060227 QUILL CORPORATION $274.72 SUSAN ZWIEG 20060223 20060227 AE SIGN SYSTEMS $50.59 SUSAN ZWIEG 20060223 20060227 DEPT OF PUBLIC SAFETY $165.00 SUSAN ZWIEG 20060227 20060301 QUILL CORPORATION $360.63 SUSAN ZWIEG 20060301 20060303 QUILL CORPORATION $64.90 SUSAN ZWIEG 20060301 20060303 QUILL CORPORATION $4.36 SUSAN ZWIEG $56,327.98 10 vchlist 0311712006 11:04:19 AM Check Register CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 69490 3121/2006 02113 FURSMAN, RICHARD REIMB FOR TUITION & BOOKS 3010.40 69491 3121/2006 00058 AICHELE, CRAIG REIMB FOR MILEAGE 2124 TO 3110 48.06 69492 312112006 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 2127 - 1,257.40 69493 312112006 00159 BARTZ, PAUL REIMB FOR MEAL 8.00 69494 3/2112006 00178 BERGGREN, GORDON NAME SIGN 20.00 69495 3121/2006 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHKS 100.22 69496 312112006 00283 CENTURY COLLEGE FIREFIGHTER TRAINING 6,535.50 69497 312112006 03619 DRAIN KING INC PROJ 05 -16 TELEVISE PROJECT 4,873.25 69498 3/2112006 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - FEB 168.00 69499 3121/2006 03597 HOFMEISTER, MARY JO REIMB FOR MILEAGE 2123 - 3114 13.58 69500 3/2112006 03330 HOISINGTON KOEGLER GROUP INC PROJ 04 -21 GLADSTONE - FEB 6,307.72 69501 3121/2006 02196 JORGENSON CONST INC PROJ 03 -19 PW BLDG PYMT #8 77,339.50 69502 3/2112006 03502 KOEHNEN ELECTRIC INC INSTALL PANEL METER FOR 453.00 69503 3121/2006 00935 MAPLEWOOD FIRE FIGHTERS RELIEF STATE SUPPLEMENTAL BENEFITS 4,000.00 69504 3/21/2006 00945 MASYS CORP POLICE LEGACY DATA - APR 738.68 69505 3/21/2006 00986 METROPOLITAN COUNCIL MONTHLY SAC - FEB 42,966.00 69506 3/21/2006 01057 MN SAFETY COUNCIL MEMBERSHIP DUES 325.00 69507 3/21/2006 02175 NIVEN, AMY REIMB FOR MILEAGE 211 - 2/28 8.01 69508 3/21/2006 03358 NORTHEAST METRO SCH DIST 916 HEARING INTERPRETER - MCC 624.66 69509 3/21/2006 02886 OERTEL ARCHITECTS PR #03 -19 PW BLDG PYMT #11 987.00 69510 3/21/2006 00001 ONE TIME VENDOR REF MIZRAIN RODRIGUEZ - AMB 329.00 69511 3121/2006 00001 ONE TIME VENDOR REF LOLA ISHOLA - AMB 00003076 274.60 69512 3/21/2006 00001 ONE TIME VENDOR REF JANE ANDERSON - AMB 229.00 69513 3/21/2006 00001 ONE TIME VENDOR REF MICHAEL TURNER - AMB 132.90 69514 3/21/2006 00001 ONE TIME VENDOR REF G JELINEK - AMB 04000840 93.00 69515 3/21/2006 00001 ONE TIME VENDOR REF KATHLEEN PRINS - BCBS 80.00 69516 3/21/2006 00001 ONE TIME VENDOR REF L ALVERSON - AMB 05014887 59.40 69517 3121/2006 01941 PATRICK GRAPHICS & TROPHIES BASKETBALL LEAGUE TROPHIES 1,118.78 69518 3/21/2006 03151 PETTY CASH REPLENISH PETTY CASH 235.88 69519 3121/2006 02563 PHILIPS MEDICAL SYSTEMS HEARTSTART DEFIBRILLATOR 2,392.31 69520 3/21/2006 03629 PRACTICAL SHOOTING ACADEMY INC TRAINING 350.00 69521 3/21/2006 01302 PRIEM, STEVEN REIMB FOR MILEAGE 3/8 40.94 69522 3/21/2006 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - FEB 95.67 69523 3/21/2006 01340 REGIONS HOSPITAL MEDICAL DIRECTION FEE 29,823.00 69524 3/21/2006 03605 RESTORATION TECHNOLOGIES INC REPAIR - RESTORE WATER SLIDE 29,950.00 69525 3/21/2006 02001 ROSEVILLE, CITY OF JOINT POWER AGREEMENT - FEB 625.00 69526 3/21/2006 01418 SAM'S CLUB DIRECT GYM SUPPLIES 215.11 69527 3121/2006 01504 ST PAUL, CITY OF FUEL CONTRACT 100.00 CRIME LAB SERVICES - FEB 300.00 COBOL FROG MAPLEWOOD 971.71 69528 3/21/2006 01588 TAUBMAN, DOUGLAS J REIMB FOR MILEAGE 2/9 - 3/14 20.25 69529 3/21/2006 01651 TROPHIES UNLIMITED NAME PLATE 6.92 69530 3/21/2006 01580 TSE, INC. JANITORIAL SUPPLIES 1123 - 2/17 1,006.03 69531 3/21/2006 01695 UNITED RENTALS, INC. SAFETY JACKETS 607.05 69532 3/21/2006 02879 WASHINGTON COUNTY NOTARY PUBLIC RECORDING FEE 100.00 69533 3121/2006 03378 WOEHRLE, MATT REIMB FOR MILEAGE 2/23 - 3/7 42.72 69534 3/21/2006 01190 XCEL ENERGY FIRE SIRENS 55.51 ELECTRIC & GAS UTILITY 4,861.36 ELECTRIC & GAS UTILITY 11,900.22 ELECTRIC & GAS UTILITY 10,376.29 ELECTRIC UTILITY 12,720.84 69534 3/21/2006 01190 XCEL ENERGY (Continued) ELECTRIC & GAS UTILITY 4,007.05 ELECTRIC & GAS UTILITY 495.50 ELECTRIC UTILITY 1,247.88 ELECTRIC UTILITY 1,665.60 69535 3/21/2006 01807 ZWIEG, SUSAN REIMB FOR MILEAGE 3/7 - 318 35.60 45 Checks in this report Total checks : 266,349.10 11 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 03/09/06 03/10/06 03/09/06 03/10/06 03/10/06 03/10/06 03/10/06 03/13/06 03/10/06 03/10/06 03/10/06 03/10/06 03/14/06 03/15/06 03/13/06 03/10/06 03/10/06 03/10/06 03/13/06 03/13/06 03/13/06 03/13/06 03/14/06 03/14/06 03/14/06 03/14/06 03/14/06 03/15/06 03/16/06 03/16/06 MN State Treasurer ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MidAmerica - ING Labor Unions Federal Reserve Bank MN State Treasurer MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax HRA Flex plan Union Dues Savings Bonds Drivers License /Deputy Registrar Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 20,547.16 7,216.61 1,029.00 17,083.05 98,065.41 62,260.12 26,018.62 24,215.53 18,890.65 3,076.79 1,719.88 100.00 5,596.50 9,709.45 4,237.17 299,765.94 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 13 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 03/10/06 HJELLE, ERIK 397.80 dd 03/10/06 JUENEMANN, KATHLEEN 397.80 dd 03/10/06 ROSSBACH, WILLIAM 397.80 dd 03/10/06 COLEMAN, MELINDA 4,393.88 dd 03/10/06 DARST, ROBERTA 1,914.80 dd 03/10/06 FURSMAN, RICHARD 5,205.58 dd 03/10/06 FARR, LARRY 1,821.04 dd 03/10/06 SWANSON, LYLE 1,711.57 dd 03/10/06 LE, JENNIFER 173.25 dd 03/10/06 LE, SHERYL 4,246.65 dd 03/10/06 RAMEAUX, THERESE 2,448.10 dd 03/10/06 FAUST, DANIEL 4,417.22 dd 03/10/06 SCHMIDT, DEBORAH 1,570.96 dd 03/10/06 ANDERSON, CAROLE 1,993.86 dd 03/10/06 BAUMAN, GAYLE 3,537.43 dd 03/10/06 JACKSON, MARY 1,873.35 dd 03/10/06 KELSEY, CONNIE 1,454.43 dd 03/10/06 TETZLAFF, JUDY 1,873.35 dd 03/10/06 FRY, PATRICIA 1,738.95 dd 03/10/06 GUILFOILE, KAREN 3,094.70 dd 03/10/06 MORSON, JOHN 303.24 dd 03/10/06 SPANGLER, EDNA 906.57 dd 03/10/06 JAGOE, CAROL 1,679.66 dd 03/10/06 JOHNSON, BONNIE 955.45 dd 03/10/06 MECHELKE, SHERRIE 1,015.94 dd 03/10/06 MOY, PAMELA 810.76 dd 03/10/06 OLSON, SANDRA 1,402.88 dd 03/10/06 OSTER, ANDREA 1,973.63 dd 03/10/06 WEAVER, KRISTINE 1,839.75 dd 03/10/06 BANICK, JOHN 4,017.82 dd 03/10/06 CORCORAN, THERESA 1,689.35 dd 03/10/06 POWELL, PHILIP 2,336.04 dd 03/10/06 RICHIE, CAROLE 1,734.17 dd 03/10/06 THOMALLA, DAVID 4,429.01 dd 03/10/06 ABEL, CLINT 2,745.77 dd 03/10/06 ALDRIDGE, MARK 2,738.32 dd 03/10/06 ANDREWS, SCOTT 3,169.72 dd 03/10/06 BAKKE, LONN 2,560.09 dd 03/10/06 BELDE, STANLEY 2,558.32 dd 03/10/06 BIERDEMAN, BRIAN 2,581.40 dd 03/10/06 BOHL, JOHN 2,899.23 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 14 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 03110106 BUSACK, DANIEL- 2,654.24 dd 03110106 COFFEY, KEVIN 2,484.97 dd 03110106 CROTTY, KERRY 3,040.36 dd 03110106 DOBLAR, RICHARD 2,831.57 dd 03110106 DUNN, ALICE 2,494.16 dd 03110106 GABRIEL, ANTHONY 1,988.74 dd 03110106 HEINZ, STEPHEN 2,747.43 dd 03110106 HIEBERT, STEVEN 3,079.42 dd 03110106 JOHNSON, KEVIN 3,512.91 dd 03110106 KALKA, THOMAS 1,017.85 dd 03110106 KAKIS, FLINT 3,141.95 dd 03110106 KONG, TOMMY 2,657.48 dd 03110106 KROLL, BRETT 2,400.11 dd 03110106 KVAM, DAVID 3,523.42 dd 03110106 LANGNER, TODD 1,936.03 dd 03110106 LU, JOHNNIE 2,598.76 dd 03110106 MARINO, JASON 2,400.11 dd 03110106 MARTIN, JERROLD 2,514.38 dd 03110106 MCCARTY, GLEN 2,331.55 dd 03110106 METRY, ALESIA 2,417.26 dd 03110106 NYE, MICHAEL 2,117.14 dd 03110106 OLSON, JULIE 2,532.55 dd 03110106 RABBETT, KEVIN 3,587.70 dd 03110106 RHUDE, MATTHEW 2,075.83 dd 03110106 STEFFEN, SCOTT 3,368.40 dd 03110106 STEINER, JOSEPH 1,645.93 dd 03110106 SYPNIEWSKI, WILLIAM 1,874.47 dd 03110106 SZCZEPANSKI, THOMAS 2,739.48 dd 03110106 IRAN, JOSEPH 2,331.55 dd 03110106 WENZEL, JAY 2,521.51 dd 03110106 XIONG, KAO 2,547.11 dd 03110106 BARTZ, PAUL- 2,811.29 dd 03110106 BERGERON, JOSEPH 3,329.46 dd 03110106 DUGAS, MICHAEL 2,685.67 dd 03110106 ERICKSON, VIRGINIA 2,605.80 dd 03110106 FLOR, TIMOTHY 2,773.91 dd 03110106 FRASER, JOHN 3,100.06 dd 03110106 LANGNER, SCOTT 2,217.28 dd 03110106 PALMA, STEVEN 2,987.43 dd 03110106 THEISEN, PAUL 2,217.28 dd 03110106 THIEVES, PAUL 2,628.65 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 15 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 03110106 CARLSON, BRIAN 2,014.41 dd 03110106 DAWSON, RICHARD 2,972.22 dd 03110106 DUELLMAN, KIRK 2,527.38 dd 03110106 EVERSON, PAUL 2,389.80 dd 03110106 HALWEG, JODI 2,047.93 dd 03110106 JOHNSON, DOUGLAS 2,510.34 dd 03110106 NOVAK, JEROME 2,497.51 dd 03110106 PARSONS, KURT 2,322.54 dd 03110106 PETERSON, ROBERT 2,781.83 dd 03110106 PRECHTEL, ROBERT 2,402.27 dd 03110106 SVENDSEN, RONALD 2,997.43 dd 03110106 GERVAIS -JR, CLARENCE 2,868.34 dd 03110106 BAUER, MICHELLE 1,956.70 dd 03110106 FLAUGHER, JAYME 2,118.88 dd 03110106 HERMANSON, CHAD 1,788.72 dd 03110106 HUBIN, KENNARD 1,890.63 dd 03110106 KNAPP, BRETT 1,944.49 dd 03110106 LIMN, BRYAN 2,307.46 dd 03110106 PACOLT, MARSHA 2,529.68 dd 03110106 RABINE, JANET 2,221.42 dd 03110106 STAHNKE, JULIE 2,235.82 dd 03110106 LUKIN, STEVEN 4,016.18 dd 03110106 SVENDSEN, RUSTIN 3,219.37 dd 03110106 ZWIEG, SUSAN 1,813.36 dd 03110106 DOLLERSCHELL, ROBERT 293.39 dd 03110106 AHL, R. CHARLES 4,675.69 dd 03110106 BREHEIM, ROGER 1,897.97 dd 03110106 GROHS, JUDITH 1,820.28 dd 03110106 KONEWKO, DUWAYNE 3,059.51 dd 03110106 NIVEN, AMY 1,234.02 dd 03110106 PRIEFER, WILLIAM 2,936.35 dd 03110106 BRINK, TROY 1,770.15 dd 03110106 BRUNELL, DAVID 1,491.75 dd 03110106 DEBILZAN, THOMAS 1,901.35 dd 03110106 EDGE, DOUGLAS 1,906.35 dd 03110106 JONES, DONALD 2,147.36 dd 03110106 MEYER, GERALD 1,969.79 dd 03110106 NAGEL, BRYAN 2,368.18 dd 03110106 OSWALD, ERICK 2,080.46 dd 03110106 RUNNING, ROBERT 1,799.75 dd 03110106 TEVLIN, TODD 1,770.15 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD i[� CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 03110106 DUCHARME, JOHN 2,414.88 dd 03110106 ENGSTROM, ANDREW 1,694.15 dd 03110106 ISAKSON, CHAD 46.20 dd 03110106 JACOBSON, SCOTT 2,327.60 dd 03110106 JAROSCH, JONATHAN 2,030.15 dd 03110106 KNUTSON, LOIS 1,315.26 dd 03110106 KUMMER, STEVEN 2,724.95 dd 03110106 LABEREE, ERIN 2,882.35 dd 03110106 LINDBLOM, RANDAL 3,036.04 dd 03110106 PECK, DENNIS 2,421.79 dd 03110106 PRIEBE, WILLIAM 3,851.81 dd 03110106 THOMPSON, MICHAEL 2,129.35 dd 03110106 ANDERSON, BRUCE 4,359.27 dd 03110106 CAREY, HEIDI 2,138.16 dd 03110106 HALL, KATHLEEN 1,820.28 dd 03110106 MARUSKA, MARK 2,754.63 dd 03110106 NAUGHTON, JOHN 1,770.15 dd 03110106 SCHINDELDECKER, JAMES 1,895.66 dd 03110106 BIESANZ, OAKLEY 1,618.22 dd 03110106 HAYMAN, JANET 1,428.49 dd 03110106 HUTCHINSON, ANN 2,330.27 dd 03110106 NELSON, JEAN 1,151.74 dd 03110106 GAYNOR, VIRGINIA 2,148.68 dd 03110106 EKSTRAND, THOMAS 3,134.50 dd 03110106 KROLL, LISA 1,254.21 dd 03110106 LIVINGSTON, JOYCE 926.24 dd 03110106 SINDT, ANDREA 1,695.75 dd 03110106 THOMPSON, DEBRA 941.12 dd 03110106 YOUNG, TAMELA 1,567.75 dd 03110106 CHRISTIANSEN, KEVIN 560.00 dd 03110106 FINWALL, SHANN 2,274.40 dd 03110106 ROBERTS, KENNETH 2,486.07 dd 03110106 CARVER, NICHOLAS 2,853.51 dd 03110106 FISHER, DAVID 3,374.28 dd 03110106 RICE, MICHAEL 2,012.55 dd 03110106 SWAN, DAVID 2,110.95 dd 03110106 SWETT, PAUL 1,544.55 dd 03110106 WELLENS, MOLLY 1,161.93 dd 03110106 BJORK, ALICIA 433.07 dd 03110106 EVANS, BRIAN 42.00 dd 03110106 FINN, GREGORY 2,280.01 i[� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD if CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 03110106 FRANK, PETER 280.00 dd 03110106 GALLANT, CHARLENE 201.88 dd 03110106 GOODRICH, CHAD 212.50 dd 03110106 KELLY, LISA 1,017.07 dd 03110106 MCBRIDE, PATRICK 200.00 dd 03110106 NIEMAN, JAMES 93.50 dd 03110/06 NIEMCZYK, BRIAN 210.00 dd 03110/06 NIEMCZYK, EMILY 42.50 dd 03110106 OHLHAUSER, MEGHAN 523.13 dd 03110106 ROBBINS, AUDRA 2,179.48 dd 03110106 SCHERPING, CLARE 32.25 dd 03110106 SCHERPING, ROGER 42.00 dd 03110106 SHERRILL, CAITLIN 362.25 dd 03110106 STAPLES, PAULINE 3,028.20 dd 03110106 TAUBMAN, DOUGLAS 2,854.34 dd 03110106 UNDERHILL, KRISTEN 148.76 dd 03110106 GERMAIN, DAVID 1,902.59 dd 03110106 NORDQUIST, RICHARD 1,893.35 dd 03110106 SCHULTZ, SCOTT 2,124.33 dd 03110106 ANZALDI, MANDY 1,589.40 dd 03110106 COLEMAN, PHILIP 170.00 dd 03110106 COLLINS, ASHLEY 128.00 dd 03110106 CRAWFORD - JR, RAYMOND 337.00 dd 03110106 CROSSON, LINDA 2,688.71 dd 03110106 DRE RTES, DEENA 177.60 dd 03110106 EVANS, CHRISTINE 798.53 dd 03110106 GRAF, MICHAEL 2,001.16 dd 03110106 HER, CHONG 375.65 dd 03110106 HOFMEISTER, MARY 825.92 dd 03110106 PELOQUIN, PENNYE 600.67 dd 03110106 SCHMIDT, RUSSELL 2,094.61 dd 03110106 SCHULZE, BRIAN 992.99 dd 03110106 ZIELINSKI, JUDY 38.85 dd 03110106 ANDREA, JOHANNA 27.00 dd 03110106 BRENEMAN, NEIL 393.93 dd 03110106 BRUSOE, CRISTINA 86.88 dd 03110106 BUCKLEY, BRITTANY 63.13 dd 03110106 CANTLON, COLLEEN 23.25 dd 03110106 DUNN, RYAN 819.30 dd 03110106 ERICKSON- CLARK, CAROL 95.00 dd 03110106 ESTRADA, KIEL 88.00 if CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD iE:3 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT dd 03110106 EVANS, KRISTIN 147.00 dd 03110106 FONTAINE, KIM 847.19 dd 03110106 GREDVIG, ANDERS 450.01 dd 03110106 HASSENSTAB, DENISE 42.60 dd 03110106 HAWBAKER, EVAN 23.10 dd 03110106 HORWATH, RONALD 2,159.70 dd 03110106 KOEHNEN, AMY 150.30 dd 03110106 KOEHNEN, MARY 1,441.35 dd 03110106 KRONHOLM, KATHRYN 460.36 dd 03110106 MATHEWS, LEAH 113.00 dd 03110106 OVERBY, ANNA 120.00 dd 03110106 PROESCH, ANDY 367.02 dd 03110106 SIMPSON, KIMBERLYN 24.33 dd 03110106 SMITH, ANN 275.80 dd 03110106 TRUE, CAROLINE 39.60 dd 03110106 TUPY, HEIDE 159.00 dd 03110106 TUPY, MARCUS 246.75 dd 03110106 WERNER, REBECCA 85.76 dd 03110106 WHITE, NICOLE 629.77 dd 03110106 WOLFGRAM, MARY 71.50 dd 03110106 GROPPOLI, LINDA 352.80 dd 03110106 ANDERSON, MATT 149.63 dd 03110106 BEHAN, JAMES 1,769.23 dd 03110106 LONETTI, JAMES 1,225.15 dd 03110106 PATTERSON, ALBERT 1,217.82 dd 03110106 PRINS, KELLY 1,122.74 dd 03110106 REILLY, MICHAEL 1,918.39 dd 03110106 SCHOENECKER, LEIGH 121.36 dd 03110106 AICHELE, CRAIG 1,949.19 dd 03110106 PRIEM, STEVEN 2,148.88 dd 03110106 WOEHRLE, MATTHEW 1,602.95 dd 03110106 BERGO, CHAD 2,355.82 dd 03110106 FOWLDS, MYCHAL 2,561.82 dd 03110106 FRANZEN, NICHOLAS 1,772.45 wf 104314 03110106 BARTOL, DAVID 397.80 wf 104315 03110106 LONGRIE, DIANA 452.00 wf 104316 03110106 JAHN, DAVID 1,638.86 wf 104317 03110106 MORIN, TROY 157.25 wf 104318 03110106 THOMAS, MOLLY 336.00 wf 104319 03110106 MATHEYS, ALANA 2,059.19 wf 104320 03110106 HANSEN, LORI 1,813.36 iE:3 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD IF CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 104321 03110106 GENNOW, PAMELA 208.00 wf 104321 03110106 GENNOW, PAMELA 529.75 wf 104322 03110106 ANDERSON, SUZANNE 161.50 wf 104323 03110106 ANSARI, AHSAN UDDIN 120.00 wf 104324 03110106 BARRETT, MARLIS 64.00 wf 104325 03110106 BARTELT, JOAN 120.00 wf 104326 03110106 BELLAND, JAIME 120.00 wf 104327 03110106 BERGER, MERVIN 192.50 wf 104328 03110106 BORTZ, JEANNE 176.00 wf 104329 03110106 BREIDENSTEIN, ANNA 116.00 wf 104330 03110106 BUNDE, JENNETTE 156.75 wf 104331 03110106 CAHANES, LUCILLE 181.50 wf 104332 03110106 CARLE, JEANETTE 277.88 wf 104333 03110106 CARR, ROBERT 64.00 wf 104334 03110106 CONNOLLY, COLLEEN 96.00 wf 104335 03110106 DAVIDSON, MAE 132.00 wf 104336 03110106 DESAI, BHUPAT 181.50 wf 104337 03110106 DITTEL, KATHLEEN 156.75 wf 104338 03110106 DROEGER, DIANE 181.50 wf 104339 03110106 DUCHARME, FRED 187.00 wf 104340 03110106 DUELLMAN, AUDREY 192.50 wf 104341 03110106 ERICKSON, ELIZABETH 187.00 wf 104342 03110106 FISCHER, LORRAINE 220.00 wf 104343 03110106 FISCHER, MARY 161.50 wf 104344 03110106 FITZGERALD, DELORES 120.00 wf 104345 03110106 FOSBURGH, ANNE 192.50 wf 104346 03110106 FREER, MARY JO 104.00 wf 104347 03110106 GIERZAK, CLARICE 92.00 wf 104348 03110106 GRANGER, BETTY 57.00 wf 104349 03110106 GRANT, GUY 132.00 wf 104350 03110106 GUDKNECHT, JAMIE 120.00 wf 104351 03110106 HECHT, LLOYD 120.00 wf 104352 03110106 HOLZEMER, MARY 120.00 wf 104353 03110106 HORTON, SHIRLEE 128.00 wf 104354 03110106 HUNTOON, LYNN 120.00 wf 104355 03110106 IVERSEN, MILDRED 116.00 wf 104356 03110106 JEFFERSON, GWENDOLYN 48.00 wf 104357 03110106 JOHANNESSEN, JUDITH 152.00 wf 104358 03110106 JOHNSON, BARBARA 80.00 wf 104359 03110106 KREKELBERG, MONA 159.13 wf 104360 03110106 KROMINGA, JOSEPHINE 128.00 IF CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD ic7 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 104361 03110106 LACKNER, MARVELLA 120.00 wf 104362 03110106 LAMPE, CHARLOTTE 120.00 wf 104363 03110106 LARSON, ANITA 161.50 wf 104364 03110106 LEO, ANN 120.00 wf 104365 03110106 LEO, PATRICIA 32.00 wf 104366 03110106 LINCOWSKI, STEVEN 116.00 wf 104367 03110106 LINCOWSKI, VIOLA 120.00 wf 104368 03110106 LOFGREN, RICHARD 161.50 wf 104369 03110106 LOWE- ADAMS, SHARI 82.00 wf 104370 03110106 LUTTRELL, SHIRLEY 187.00 wf 104371 03110106 MAHRE, CAROL 225.50 wf 104372 03110106 MANTHEY, JOHN 178.75 wf 104373 03110106 MARSH, DELORES 161.50 wf 104374 03110106 MASKREY, THOMAS 88.00 wf 104375 03110106 MECHELKE, GERALDINE 120.00 wf 104376 03110106 MECHELKE, MARYLOU 120.00 wf 104377 03110106 MISGEN, JOAN 120.00 wf 104378 03110106 MOLLERS, KATHERINE 120.00 wf 104379 03110106 MOSSONG, BETTY 120.00 wf 104380 03110106 MUR:4SKI, GERALDINE 116.00 wf 104381 03110106 MUR:4SKI, HOWARD 122.00 wf 104382 03110106 NIEMAN, JAMES 198.00 wf 104383 03110106 NIETERS, LOUISE 166.25 wf 104384 03110106 PEHL, DAVID 120.00 wf 104385 03110106 RUDEEN, ELAINE 120.00 wf 104386 03110106 SCHROEPFER, HARRIET 64.00 wf 104387 03110106 SHORES, TERESA 56.00 wf 104388 03110106 SPANGLER, ROBERT 120.00 wf 104389 03110106 STEVENS, SANDRA 104.00 wf 104390 03110106 TAYLOR, LORRAINE 161.50 wf 104391 03110106 TAYLOR, RITA 128.00 wf 104392 03110106 THOMPSON, MILO 60.00 wf 104393 03110106 THOMPSON, PATRICIA 110.00 wf 104394 03110106 TOLBERT, D- FRANKLIN 120.00 wf 104395 03110106 UNGER, CONSTANCE 116.00 wf 104396 03110106 URBANSKI, HOLLY 195.25 wf 104397 03110106 VAN BLARICOM, BEULAH 156.75 wf 104398 03110106 VANAGS, VILHELMINE 48.00 wf 104399 03110106 VANDEVEER, BARBARA 104.00 wf 104400 03110106 WAGNER, CONNIE 96.00 wf 104401 03110106 WASMUNDT, GAYLE 152.00 ic7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 21 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 104402 03110106 WILLY, JOHN 156.75 wf 104403 03110106 WITSCHEN, 120.00 wf 104404 03110106 ZACHO, KAREN 120.00 wf 104405 03110106 PALANK, MARY 1,711.66 wf 104406 03110106 SVENDSEN, JOANNE 1,855.39 wf 104407 03110106 SHORTREED, MICHAEL 3,268.81 wf 104408 03110106 WELCHLIN, CABOT 2,537.23 wf 104409 03110/06 BAUMAN, ANDREW 192.00 wf 104410 03110106 FREBERG, RONALD 1,932.28 wf 104411 03110106 EDSON, DAVID 1,934.44 wf 104412 03110106 HELEY, ROLAND 1,932.28 wf 104413 03110106 HINNENKAMP, GARY 2,178.03 wf 104414 03110106 LINDORFF, DENNIS 1,897.97 wf 104415 03110106 NOVAK, MICHAEL 1,857.35 wf 104416 03110106 GERNES, CAROLE 672.63 wf 104417 03110106 SOUTTER, CHRISTINE 178.44 wf 104418 03110106 ABRAHAMSON, TYLER 32.50 wf 104419 03110106 BERGER, STEPHANIE 342.13 wf 104420 03110106 BROZAK, ANNA 82.50 wf 104421 03110106 BROZAK, KATHERINE 57.75 wf 104422 03110106 BURNS, BETH 19.50 wf 104423 03110106 CICCHESE, JOHNATHAN 21.00 wf 104424 03110106 DEVANEY, KRISTI 19.50 wf 104425 03110106 GOODRICH, DANIELLE 200.00 wf 104426 03110106 GREENER, DOUGLAS 45.00 wf 104427 03110106 HANNIGAN, BRADY 33.00 wf 104428 03110106 HANNIGAN, TYLER 31.50 wf 104429 03110106 HELKAMP, KAYLA 226.00 wf 104430 03110106 KLEIN, AARON 52.50 wf 104431 03110106 KLEM, JOSH 90.00 wf 104432 03110106 KOHLMAN, JENNIFER 158.00 wf 104433 03110106 LANCETTE, JOSHUA 43.00 wf 104434 03110106 LUKIN, CASSANDRA 24.00 wf 104435 03110106 MILTON, ZACHARY 21.00 wf 104436 03110106 MORRISETTE, WILLIAM 39.00 wf 104437 03110106 MORRISETTE, ZACHARY 31.50 wf 104438 03110106 MUELLNER, CHRISTOPHER 150.00 wf 104439 03110106 NICHOLS, SAMUEL 33.75 wf 104440 03110106 O'SHEA, CASSANDRA 22.50 wf 104441 03110106 ROBBINS, EMERALD 138.00 wf 104442 03110106 RUNNING, DUSTIN 371.25 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 22 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 104443 03110106 SERGOT, COLLIN 255.00 wf 104444 03110106 SHOBERG, KARI 169.13 wf 104445 03110106 SIKORA, NATHAN 1 5.00 wf 104446 03110106 SIKORA, PAUL 74.00 wf 104447 03110106 STACKPOLE, QUINN 33.75 wf 104448 03110106 TARR -JR, GUS 66.00 wf 104449 03110106 YORKOVICH, BENJAMIN 130.00 wf 104450 03110106 HAAG, MARK 1,903.53 wf 104451 03110106 NADEAU, EDWARD 3,061.98 wf 104452 03110106 GLASS, JEAN 1,868.83 wf 104453 03110106 HER, PHENG 158.65 wf 104454 03110106 NAGEL, BROOKE 273.35 wf 104455 03110106 SIMPSON, JOSEPH 187.85 wf 104456 03110106 TOLBERT, FRANCINE 237.13 wf 104457 03110106 VELASQUEZ, ANGELA 216.00 wf 104458 03110106 ANDERSON, CALEB 33.25 wf 104459 03110106 ANDERSON, JOSHUA 68.50 wf 104460 03110106 ANDERSON, JUSTIN 47.95 wf 104461 03110106 ARNEVIK, ERICA 35.00 wf 104462 03110106 BRENEMAN, SEAN 28.80 wf 104463 03110106 CLARK, PAMELA 165.11 wf 104464 03110106 COSTA, JOSEPH 352.10 wf 104465 03110106 DEMPSEY, BETH 116.50 wf 104466 03110106 FENGER, JUSTIN 148.81 wf 104467 03110106 GRANT, MELISSA 359.25 wf 104468 03110106 GRUENHAGEN, LINDA 551.85 wf 104469 03110106 HAGSTROM, EMILY 143.98 wf 104470 03110106 IRISH, PETER 123.75 wf 104471 03110106 KROLL, MARK 173.25 wf 104472 03110106 LEMAY, KATHERINE 37.28 wf 104473 03110106 LUTZ, CHRISTINA 13.50 wf 104474 03110106 MELLEN, CHRISTOPHER 40.50 wf 104475 03110106 NWANOKWALE, MORDY 42.25 wf 104476 03110106 PEHOSKI, JOEL 113.40 wf 104477 03110106 PETERSON, ANNA 105.40 wf 104478 03110106 RICHTER, NANCY 238.00 wf 104479 03110106 RYDEEN, ARIEL 193.38 wf 104480 03110106 SCHMIDT, EMILY 111.33 wf 104481 03110106 SCHMIDT, JOHN 146.50 wf 104482 03110106 SCHOENECKER, SAMANTHA 44.20 wf 104483 03110106 SCHRAMM, BRITTANY 86.25 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 23 CHECK 9 CHECK DATE EMPLOYEE NAME AMOUNT wf 104484 03110106 SCHREINER, MICHELLE 160.44 wf 104485 03110106 SMITLEY, SHARON 407.15 wf 104486 03110106 STAHNKE, AMY 192.60 wf 104487 03110106 WARNER, CAROLYN 239.50 wf 104488 03110106 WEDES, CARYL 140.10 wf 104489 03110106 WENZEL, SHANNON 52.00 wf 104490 03110106 WILLIAMS, KRISTINE 68.25 wf 104491 03110106 WOODMAN, ALICE 197.60 wf 104492 03110106 ZALK, IDA 58.75 wf 104493 03110106 BOSLEY, CAROL 359.10 wf 104494 03110106 BREITBACH, GARY 420.00 wf 104495 03110106 LEWIS, AMY 140.60 wf 104496 03110106 ODDEN, JESSICA 137.81 wf 104497 03110106 OIE, REBECCA 172.91 wf 104498 03110106 PARAYNO, GUAI 311.23 wf 104499 03110106 SATTLER, CASSANDRA 46.13 wf 104500 03110106 SATTLER, MELINDA 186.30 wf 104501 03110106 STODGHILL, AMANDA 109.69 wf 104502 03110106 VAN HALE, PAULA 186.75 wf 104503 03110106 ZAGER, LINNEA 101.48 wf 104504 03110106 BALDWIN, JANA 51.80 wf 104505 03110106 BERLIN, SARAH 66.50 wf 104506 03110106 DOUGLASS, TOM 1,310.47 wf 104507 03110106 EVERSON, KYLE 109.54 wf 104508 03110106 GADOW, ANNA 60.33 wf 104509 03110106 O'GRADY, VICTORIA 118.15 wf 104510 03110106 OLSON, CHRISTINE 63.18 wf 104511 03110106 THEESFELD, CALEB 27.80 wf 104512 03110106 YANG, HUE 66.50 wf 104513 03110106 YANG, KAY 233.28 wf 104514 03110106 YANG, TIM 43.95 wf 104515 03110106 VUE, LOR PAO 269.33 491,050.97 23 M= *WW wo illaroivfgl 11 1z; I T S - I ff'61 94 11 TV' -vF=ZL-FM§11A11ff19==i Projects scheduled for 2006 include the completion of the Highline Trail from Walter Street to Century Avenue and installation of new playground equipment at Sterling Oaks, Applewood and Maplewood Heights Parks, Additionally we will be working to make capital improvements to the Maplewood Community Center including expansion of the exercise area, childcare area, and physical improvements to the pool and gymnasium area. kphI05 Ietter.annLaf 'epG'l COMM PARKS & RECREATION DEPARTMENT 651-249-2101 FAX: 651 CITY OF MAPLEWOOD 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 MAPLEWOOD PARKS AND RECREATION COMMISSIO1 ANNUAL REPORT FOR 2005 CITY OF MAPLEWOOD The mission of the Maplewood Parks and Recreation Department is� To provide a community environment for a// citizens to participate in and enjoy cultural and recreational activities on an equitable basis. nii "EMON110MME= The final position statement by the Parks and Recreation Commission regarding development on the open space reads as follows: The commission focused the vast majority of our time on the Gladstone redevelopment planning *rocessing in 2005, The commission is pleased to also have been involved in coordinating a number of major park improvement projects, as well as hosting a series • neighborhood park planning meetings and community surveys. program in February. We had five members enrolled in this program before we even started advertising it. It's =r- start to a new program. We are hoping to start the Medica reimbursement program by April 2006. It has been a very busy year at the community center. The large number of users and the age of the facility really wear on the facility, The community center will be facing some of its largest maintenance projects in 2006 including painting and repairs to pool ceiling and support beams, reconstruction of pool slide steps, and determining a long-term solution and repair ♦ the gym floor. The Recreation Division was very active in 2005 offering new programs and increasing program participation numbers. Summer Kick Off, held at the MCC, was extremely successful, This event is the official start to the summer for recreation. Youth preschool gymboree was a total success in 2005. On average, there were 20 to 25 families that attended each session. The summer day camp program was bigger and better than ever, We averaged 45 to 50 participants per week for 12 weeks. The participants took on the extra task to plant a garden and remove buckthorn from the MCC. Our adult Lunch Bunch program is new and very exciting. We toured and dined at many eateries in and around St. Paul, This program is always full and maintains a waiting list. No] 2_11 1111 IOWA 1111141 SpM.-If RA W71111API SM-11 VA The marketing division was very successful in 2005. There were four Parks and Recreation Brochures produced, twelve City News, four MCC member newsletters, 24 email blasts, MCC banquet room and theater promotions, several promotions for the MCC and working closely with the National Night Out event to ensure success. One of the highlights in 2005 was the Twelve Days of Fitness promotion offered in December at the MCC, Over 3,500 participated in this event. 2. Promote and market nature Vadnais Heights Festival Lions Club presentation Monarch Garden Party/fu nd raiser 0 • Coordinated Earth Day with environmental committee • Rainwater garden presentations to national conferences • 3M Science Fair Watershed watchers and rain gardens planted Priory bridges installed KI One of the major undertakings of the park maintenance division is graffiti elimination and reduction. The park maintenance division has a policy to remove all graffiti reported within a 24-hour time period, KhT5 annual report comm al W41DIMMYA IRIM KhT6 goo's pno6lies ann,iai report corr.rr. Agenda Item H3 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: County Road D Realignment (West) Improvements (TH 61 to Walter Street), City Project 02 -08: Resolution for Modification of the Existing Construction Contract, Change Order Nos. 5 -16 (T.A. Schifsky Contract) DATE: March 17, 2006 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 5 -16 (T.A. Schifsky contract). Background In September 2004, the City Council approved the award of a construction contract for this project to Palda & Sons, Inc. The project included construction of utilities and roadway for the entire County Road D West improvement. Unfortunately, the County Road D West project did not begin as anticipated due to problems coordinating the various area improvements. Palda & Sons, Inc. requested an increase in the bid in excess of $300,000 to have the delays extended into 2005. Negotiations with the contractor resulted in the elimination of the street construction portion of the contract. The eliminated roadway construction was then rebid last spring, and a construction contract for the roadway was awarded to T. A. Schifsky & Sons in the amount of $668,162.93, resulting in a $40,000 cost savings to the city. During construction there are often many unforeseen changes and conditions that require changes to the original plan. The contractor did not request payment for these items during the project as normally occurs, so the staff did not push to pay them for the extra work. A brief summary of each change order is provided below. Change Order No. 5 - $3,864.08. Detour signage for the County Road D detour remained in place 72 days longer than expected. Additional signs required by the City were also installed which were not included in the original bid amount. State Aid will cover $2,704.85 and the remaining cost is the city's responsibility. Change Order No. 6 - $74,821.72. Excavation was required at LaMettry's pond to restore the original capacity due to sediment that entered the pond during construction activities. State Aid will finance 100% of the cost of this change order. Change Order No. 7 - $4,107.95. Geotextile fabric was placed on County Road D Court to help strengthen the roadway base due to the poor existing soils. All of the costs for Change Order 7 will be paid by State Aid. Change Order No. 8 - $3,562.39. The City delayed the final wear course of pavement until the summer of 2006 due to ongoing construction activities. Pavement striping was placed to open the road up the public. State Aid is responsible for $1,336.50 for the pavement striping while the city is responsible for the remaining portion. Change Order No. 9 - $5,433.94. Additional drainage improvements were necessary along the north side of County Road D to provide manageable front yards to residents. State Aid participation will be 100% of the cost. Agenda Item H3 Change Order No. 10 - $5,734.23. Revisions were made to the hydrant stubs due to requirements of Saint Paul Regional Water Services. The City is responsible for the entire cost of Change Order 10, which will be paid from the WAC Fund. Change Order No. 11 - $13,912.93. Storm sewer modifications were made to fit the new curb line due to an oversight during the design process. 100% of the cost will be paid by the City, but has been recovered from the design engineer. Change Order No. 12 - $824.74. Two storm sewer structures required lowering to fit the surrounding grade. The City is responsible for the cost of the storm sewer revisions. Change Order No. 13 - $1,699.81. Over the winter of 2005, some curb on the Venburg Guldens site was damaged. The city agreed to replace sixty feet of damaged curb and the cost is the City's financial obligation, but is being recovered from the developer and utility company. Change Order No. 14 - $792.00. Jersery barriers were installed between LaMettry's parking lot and the haul road used by the contractor when the pond excavation occurred. The cost of the barriers are the City's responsibility. Change Order No. 15 - $5,005.90. Dewatering the storm pond behind LaMettry's was required to excavate sediment from the pond and perform the necessary grading. State Aid is responsible for 100% of the cost of the dewatering. Change Order No. 16 - $22,785.29. Permanent turf restoration along County Road D was delayed due to ongoing construction activities. The contractor was directed to temporary seed along the boulevards and permanent seed in areas with no further disruption. These items were not originally included in the bid. State Aid will be responsible for 100% of Change Order 16. Budget Impact Approval of this resolution will increase the construction contract by $142,544.98. Change Orders 5 through 16 fall within the revised project budget approved by the city council at the December 12, 2005 meeting. No budget revisions are required at this time. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 5 through 16 (T.A. Schifsky Contract) for the County Road D West Improvements (TH 61 to Walter Street), City Project 02 -08. Attachments: 1. Resolution 2. Change Order No. 5 -16 3. Location Map Agenda Item H3 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER Nos. 5 - 16 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order No. 5 -16, (T.A. Schifsky Contract), as an increase to said contract by an amount of $142,544.98, such that the new contract amount is now and hereby established as $866,868.91. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order No. 5 -16 as a contract increase in the amount of $142,544.98. The revised contract amount is $866,868.91. 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. CHANGE ORDER NO. 5 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1116106 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Detour signage was placed on Beam Avenue and Walter Street between July 20, 2005 and November 28, 2005 for the County Road D road closure. United Rentals, Inc. placed the detour for a lump sum price of $ 1,500.00 with the understanding the signs would be in place for sixty days or less. The detour remained in place for 132 days. Additionally, the City of Maplewood ordered extra stop signs and speed limit signs that were not included in the original detour bid. Additional traffic control devices are paid at Mn /DOT predetermined unit prices. After ninety days, detour and additional signage is paid at forty percent of the unit price. A ten percent prime contractor's markup is included in the cost of this change order. The value of this change order is $ 3,864.08. Approved Revised Contract: $ 724,323.93 Change this Change Order: $ 3,864.08 Possible Revised Contract: $ 728,188.01 Approval C.O. 45, Page 1 of 2 Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 45, Page 1 of 2 CHANGE ORDER NO. 6 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1117106 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions: Excavation of the LaMettry Pond, originally included in Palda & Sons, Inc. S.A.P. 62- 619 -025 J 138 - 020 -29 contract, occurred under T.A. Schifsky's contract The work was performed under force account during the last three months of 2005 and was necessary to remove sedimentation and restore the drainage capacity of the pond. This change order covers most work associated with the pond excavation. Pump rental to drain the pond and jersey barriers placed in LaMettrys parking lot to isolate the work area are not included in this change order. 2006 repair work on the access road between LaMettry's and Toyota's new parking area and final turf restoration are not included in this change order. All work is subject to a ten percent prime contractor's markup. The value of this change order is $ 74,821,72. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No.: 5 $ 3,864.08 Change this Change Order: $ 74,821.72 Possible Revised Contract: $ 803,009.73 Approval C.O. 46, Page 1 of 6 Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 46, Page 1 of 6 CHANGE ORDER NO. 7 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1/20/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Geotextile fabric, Type V, nonwoven, was placed on D -Court and at the intersection of County Road D and D -Court due to poor soils. Use of the fabric was approved by the City of Maplewood to stabilize the roadway and provide separation of subgrade and aggregate base. Separation prevents mixing of subgrade and aggregate base, maintains the design thickness and strength of the roadway and facilitates compaction of the base materials. Mn /DOT Estimating approved the cost of the fabric. A prime contractor's ten percent markup is included in this change order. The value of this change order is $ 4,107.95. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, $ 78,685.80 Change this Change Order: $ 4,107.95 Possible Revised Contract: $ 807,117.68 Approval C.O. 47, Page 1 of 2 Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 47, Page 1 of 2 CHANGE ORDER NO. 8 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1127106 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions: Due to ongoing construction adjacent to project roadways and impending wintry weather, the City of Maplewood suspended placement of bituminous wear course until 2006. Seasonal striping was placed in order to open the road to traffic over the winter. This change order covers the cost of pavement markings placed in October 2005 for which there are no contract bid items. Payment items, reviewed and approved by Mn/DOT Estimating, are listed on page two of this document. This change order includes a prime contractor's ten percent markup. The value of this change order is $ 3,562.39. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7 $ 82,793.75 Change this Change Order: $ 3,562.39 Possible Revised Contract: $ 810,680.07 Approval C.O. 48, Page 1 of 2 Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 48, Page 1 of 2 CHANGE ORDER NO. 9 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62 -619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1/31/06 In accordance with the terms of this Contract you are hereby authorized and instructed to perform the Work as altered by the following provisions: Residential drainage improvements were necessary on the north side of County Road D at 1227 and 1233 County Road D in order to provide a maintainable front yard for the resident Planned construction and inplace ditch topography did not present a manageable or buildable situation. Improvements include removal of driveway corrugated metal pipe, installation of a catch basin, HDPE pipe and flared end section with a trashguard and riprap, as well as site grading. The City of Vadnais Heights conveyed approval of this extra work to the City of Maplewood. The work was performed in accordance with Mn /DOT Specification (1904) and includes a prime contractor's ten percent markup. Approved Revised Contract: $ 724,323.93 Net Change of Prior Pending Change Order No. 5 6, 8 $ 86,356.14 Change this Change Order: $ 5,433.94 Possible Revised Contract: $ 816,114.01 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 49, Page 1 of 3 CHANGE ORDER NO. 10 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1/31/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Several inplace hydrants, as well as some gate valve boxes, required extensions to fit the grade on this project. Saint Paul Regional Water Services do not allow bends on hydrant stubs, thus necessitating hydrant and valve box extensions. Hydrant stubs and elevations were determined in 2004 under Palda & Sons, Inc. 02-08 contract. Water main work on this project is not eligible for state aid funding. Work was performed in accordance with Mn1DOT Specification (1904) and includes a prime contractor's ten percent markup. The value of this change order is $ 5,734.23. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9 $ 91,790.08 Change this Change Order: $ 5,734.23 Possible Revised Contract: $ 821,848.24 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. 910, Page 1 of 2 CHANGE ORDER NO. 11 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1/31/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Storm sewer and sanitary sewer revisions were necessary on some structures located within this project because the inplace manholes or catchbasins did not fit the proposed curbline. The City's engineering consultants agree to pay for these revisions through a reduction in engineering service fees. Payment to Friedges Contracting Co. for completing the work is recommended. The work was performed in accordance with NWDOT Specification (1904) and includes a prime contractor's ten percent markup. The value of this change order is $ 13,912.93. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9, 10 $ 97,524.31 Change this Change Order: $ 13,91293 Possible Revised Contract: $ 835,761.17 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. 911, Page 1 of 3 CHANGE ORDER NO. 12 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 1/31/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Two storm sewer structures, located on the north side of County Road D, required lowering to fit the gradc. The City's engineering consultants agree to pay the City of Maplewood for these revisions through a reduction in engineering service fees. Paymcnt to Fricdgcs Contracting Co. for completing the work is recommended. The work was performed in accordance with Mn/DOT Specification (1904) and includes a prime contractor's ten percent markup. The value of this change order is $ 824.74. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9, 10, 11 $ 111,437.24 Change this Change Order: $ 824.74 Possible Revised Contract: $ 836,585.91 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. 912, Page 1 of 2 CHANGE ORDER NO. 13 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 3/1/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Some concrete curb and gutter installed under Venburg 1 Gulden's City Project 02 -08 (04 -04) was removed and replaced under T.A. Schifsky & Son's contract. The damaged curb was located on the frontage road, close to an entrance to Venburg Tire. Schifsky's subcontractor, North Country Concrete, replaced fourteen lineal feet of B612 curb and gutter and forty -six lineal feet of modified B612 curb and gutter. The work was performed in accordance with Mn /DOT Specification (1904) Extra and Force Account Work and includes a prime contractor ten percent allowance. The value of this change order is $ 1,699.81. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9, 10, 11, 12 $ 112,26198 Change this Change Order: $ 1,699.81 Possible Revised Contract: $ 838,285.72 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. 913, Page 1 of 2 CHANGE ORDER NO. 14 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 3/1/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions: The City of Maplewood requested a barrier be placed between LaMetlry's rear parking lot and the haul road used during excavation and grading of the storm pond located directly behind LaMettry's Collision. Sixty lineal feet of jersey barrier were installed to delineate the work area and protect adjacent property. The $12.00 l if cost of the barrier, approved by the Mn/DOT Estimating Office, includes placement and removal. A prime contractor's ten percent allowance is included in this change order. The value of this change order is $ 792.00. Approved Revised Contract: S 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9, 10, 11, $ 113,961.79 12,13 Change this Change Order: $ 792.00 Possible Revised Contract: $ $39,077.72 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. 914, Page I of 1 CHANGE ORDER NO. 15 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 3/1/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: This change order provides compensation for dewatering the storm pond located behind LaMettry's Collision prior to, and during, excavation. Each side of the pond was drained into the other in order to remove sediment and grade the pond bottom and slopes. The cost of the pump includes rental and service from October 27, 2005 to December 2, 2005. A prime contractor's ten percent allowance is included in this change order. The value of this change order is $ 5,005.90. Contract Status Cost Original Contract: $ 668,16293 Net Change of Prior Approved Change Order No.: 1, 2, 3, 4 $ 56,161.00 Approved Revised Contract: $ 724,323.93 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9, 10, 11, $ 114,753.79 12, 13, 14 Change this Change Order: $ 5,005.90 Possible Revised Contract: $ $44,0$3.62 Approval C.O. 915, Page 1 of 2 Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 915, Page 1 of 2 CHANGE ORDER NO. 16 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -0261 138- 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 3/1/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Due to ongoing adjacent development, and upcoming installation of underground public utilities, the City of Maplewood postponed permanent turf restoration along all boulevards Frith planned trail construction and 1 or continuing construction activities. This change order compensates the contractor for temporary seeding along boulevards, permanent seeding where no disruptions are expected and native seeding at the North Pond. Because seeding pay items are not included in this contract, the work was performed in accordance with Mn/DOT Specification (1904) Extra and Force Account Work A prime contractor's ten percent allowance is included. The value of this change order is $ 22,785.29. Approved Revised Contract: $ 724,32393 Net Change of Prior Pending Change Order No. 5, 6, 7, 8, 9, 10, 11, $ 119,759.69 12,13,14,15 Change this Change Order: $ 22,785.29 Possible Revised Contract: $ 866,86891 Approval C.O. 916, Page I of 5 Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 916, Page I of 5 I Agenda Item H4 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, City Project 05 -16 Resolution Approving Application for Easement across State Land DATE: March 24, 2006 INTRODUCTION As part of the Kenwood Area Street Improvements, storm sewer pipe is being replaced and extended. A DNR permit is required to allow for the ponding of runoff during large storm events on their property. The DNR requires the city to make application for an easement across state land. The easement application requires a resolution from the city council approving the application for easement across state land. The city council will consider a resolution approving the application for the DNR easement. Background Currently existing storm sewer on the streets south of Roselawn Avenue, within the Kenwood neighborhood, discharge at a low area adjacent to the DNR trail. While the city owns right of way in this low area, it is not adequately sized to allow for ponding of runoff. The city does not intend to disturb this low lying area, only to reconstruct the storm sewer pipe that discharges to it. The city needs to formalize a ponding easement with the affected property owners who include the DNR. The ponding easement needed within the DNR property will not encroach on the existing Gateway Trail as the trail sits 14 feet higher than the proposed ponding easement. The DNR requires the city council pass a resolution approving the Application for Easement across State Land as part of the application process. A schematic of the proposed easement in relationship to the trail location has been enclosed. RECOMMENDATION It is recommended that the city council approve the attached resolution Approving Application for Easement across State Land. Attachments — Resolution Location Map (Color copy provided to City Council) Application for Easement across State Land Agenda Item H4 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RESOLUTION APPROVING APPLICATION FOR EASEMENT ACROSS STATE LAND WHEREAS, the City of Maplewood wishes to obtain a ponding easement within state land, WHEREAS, the pond will be located within the corporate limits of Maplewood, WHEREAS, the City of Maplewood will be granted a permanent ponding easement for the purpose of ponding runoff pending the receipt of a Resolution Approving the Application for Easement across State Land. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESTOA THAT: The City of Maplewood approves the Application for Easement across State Land. Adopted by the City Council of Maplewood this 27 day of March, 2006 Agenda Item H4 ----- ------- ---------- 7 .. . .................. . ---------- r . - --- - - ------------------- - --------- -------- --- - - - ------------- - - - - - ---- ----------------- - ---------- ----- -------- --- - - - - - - - ---------- - ----- ------- Agenda Item H4 Easement No. 133 - Project Number 05_16 STATE OF MINNESOTA APPLICATION FOR EASEMENT ACROSS STATE LAND (SUBMIT 4 COPIES OF THE APPLICATION AND ATTACHMENTS) It is permissible for the agency /governmental unit/individual requesting an easement to make preliminary contact with the Area or Region (local unit manager) concerning land ownership, planned routes, or other matters affecting such an easement. These should be handled in the best routine manner, but this official application must come to the Minnesota Department of Natural Resources, Division of Lands and Minerals, 500 Lafayette Road, St. Paul, MN 55155 -4045. For additional information, call (651) 296 -4097. Name of Applicant (PRINT OR TYPE) i of Maplewood Address (Mailing and Location) 19 02 County Roa d B East 7 e,son Erin Lca beree Telephone No 651-249-2404 The applicant herein applies pursuant to M.S. 84.63, M.S. 84.631 and other applicable statutes for an Easement to Cross State Land described below, in accordance with all maps, plans, specifications and other supporting data submitted with this application and made a part hereof. EASEMENT: (mark appropriate box) ❑ Construction ❑ Reconstruction❑ Other Number consecutively and identifyfully each easement applied for. Please specify No. Govt. Lot or 114 114 Sec Twp Rge County Type of Easement (Permanent or Temporary) Total Acres Date of Completion (if Temporary) 1 5E 114 17 29 22 Ramsey Permanent 0.20 3 4 Provide a detailed legal description and map for each easement applied for. For construction or re- construction easement applications, include construction plans and profiles. 4. If government entity, attach County Board or Township resolution. Minimum Fee: ❑ $500.00 attached. If the easement is denied prior to field review and appraisal, the entire application fee will be refunded. If the easement is denied after field review and appraisal, $400.00 will be refunded. No action will be taken on this application until the fee is submitted. Minimum fees will be credited to the actual easement cost. Make check payable to the Department of Natural Resources. Any written correspondence from the Department of Natural Resources relating to this proposed project must be included with this application and will become a part of this easement record. Environmental and archeological reviews must be completed before easement can be acted on. Agenda Item H5 Amended 03 -23 -06 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 — Resolution Ordering Assessment Hearing DATE: March 20, 2006 INTRODUCTION At the March 13, 2006, city council meeting, the city council approved the final plans and advertising for bids for the Kenwood Area Street Improvement project, as well as ordered the preparation of the assessment roll. The assessment roll has been prepared and the next step in the improvement process is to order the assessment hearing. The city council shall consider approving the attached resolution ordering the assessment hearing for the Kenwood Area Street Improvements, Project 05 -16. Background The amounts proposed to be assessed for the Kenwood Area Street Improvements, Project 05 -16, are not directly dependent on the actual amount of the bid, rather on a predetermined assessment rate established in the city's pavement management policy. The method of assessment is the same as had been outlined in the feasibility study. An abridged version of the assessment roll will be provided at the March 27, 2006, city council meeting. A complete detailed version of the assessment roll is available in the office of the city engineer. It is recommended that the assessment hearing for the Kenwood Area Street Improvements, Project 05 -16, be scheduled for 7:00 p.m., Monday, April 24th, 2006. Budget Impact The current action will not affect the approved project budget. Below is a summary of the project funding as approved by the city council following the public hearing on November 22, 2005. Approved budget for Kenwood Area Street Improvements, Project 05 -16: Street assessments: Storm assessments: Sanitary Sewer utility Fund: SPRWS Obligation: WAC Fund Environmental Utility Fund City general tax levy: Total $ 1,356,608 (29 %) $ 218,850 (5 %) $ 443,245 (9 %) $ 72,490 (2 %) $ 50,000 (1 %) $ 303,500 (6 %) $ 2,252,447 (48 %) $ 4,727,140 (100 %) Agenda Item H5 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Gladstone North Area Street Improvements, Project 05 -16 — Ordering the Assessment Hearing for 7:00 p.m., Monday, April 24th, 2006. Attachments: Resolution Ordering Assessment Roll Hearing Location Map Agenda Item H5 RESOLUTION ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Kenwood Area Street Improvements, City Project 05 -16, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 24th day of April 2006, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. enda Item H5 I I ry w VIKING DR. n w 0 ry < Li 3: 0 LAURIE CT. 4 z- , < n ui BURKI u� 7 ' ELDRIDGE 1 cn Oehrline BELMONT La ke AVE. SKILLMAN AV. 0 2� < (Y ry CK, M C/) M z W Edgerton Park A W z >- >- W < w Li ry n -1 0 ROSELAWN AV. -i I BELLWOOD n 0 C SUMMER °o C CT. i, i - D ry ui Lu < A Y TRAIL RIP LEY AV- GATE ® PROPOSED STREET IMPROVEMENT BURKE CT Maplecrest Park AVE. F 4� N KEW' OOD LN. 0 �D Keller La ke 61 11-1 Exhibit 1: Project Location Kenwood Area Street Improvements City Project 05-16 Item H -6 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 21, 2006 RE: Council- Manager - Management Staff Retreat As you are aware the city council, city manager and management team staff will be having a retreat on April 28, 2006 from 8:30 a.m. to 4:00 p.m. The retreat will be held at the Maplewood Best Western for the purpose of discussing and developing a shared practical vision and set goals for the City's future. Final details are being firmed up and will be presented to the city council at future council meetings. Agenda Item 11 MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Tax - Exempt Revenue Financing — Lakeview Commons LOCATION: 1200 Lakewood Drive North DATE: March 16, 2006 INTRODUCTION Ecumen, a senior housing development company, is requesting that the city council give host approval for up to $9.0 million in tax - exempt revenue note financing. They would use this financing to cover the costs of recent and upcoming purchases for their facilities, including the purchase of the property at 1200 Lakeview Drive North. Ecumen is a non - profit senior housing operator that runs independent and assisted living housing facilities in more than 100 communities. Ecumen is requesting that the city approve this financing so the bond interest would be tax - exempt. The state and federal governments require the local government in which the company or corporation will spend the bond proceeds to approve the tax- exempt financing. BACKGROUND On December 13, 1993, the city council approved a parking reduction authorization, a floor area variance, the project design plans and gave preliminary approval for tax - exempt bond financing for the development of a 100 -unit senior housing building at 1200 Lakewood Drive North. DISCUSSION This request should meet the city's requirements for tax - exempt financing. Maplewood will not be liable for this financing. The City of Pine City will be issuing this financing and Ecumen expects to use this money to buy the existing 100 -unit apartment building at 1200 Lakewood Drive North. RECOMMENDATION Approve the attached resolution starting on page six. This approves Maplewood giving host approval for up to $9.0 million in tax - exempt revenue financing for Ecumen for use at the property at 1200 Lakewood Drive North. p /Sec 25/Lakeview Commons tax - exempt fin - 2006 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Financing Host Approval Resolution 5. Joint Powers Agreement 1881554v1 Location Map Lakeview Commons 1200 Lakewood N 4 OC a a o o� Q J� Property Line /Zoning Map Lakeview Commons 1200 Lakewood N Attachment 3 L � i e�� MAR YLAND AV ENUE •56 °1 • E 586XS' -' 1 r- - - - - -- - -- - 6 a JI r WE TLAND w_: y POND L - --------------- - °' f se NOV 0 9 1993 7 LIT PLA M.g� -m° L � i e�� Attachment 4 Extract of Minutes of a Meeting of the City Council of the City of Maplewood, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Minnesota, was duly held at the City Hall in said City on Monday, the 27 day of March, 2006, at 7:00 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF REVENUE REFUNDING BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT The motion for the adoption of the foregoing resolution was duly seconded by member , and after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 1881554v1 2 5 Attachment 4 RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE OF REVENUE REFUNDING BONDS AND AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT BE IT RESOLVED, by the City Council (the "Council') of the City of Maplewood, Ramsey County, Minnesota (the "City ") as follows: 1. General Recitals Minnesota Statutes, Chapter462C (the "Act ") confers upon cities the power to issue revenue bonds to finance and refinance multifamily housing developments. 2. Description of the Proiect (a) A Minnesota limited liability company to be formed with Ecumen, a Minnesota nonprofit corporation, as its sole member (the 'Borrower ") has proposed the issuance of revenue Bonds under the Act, in one or more series, in an amount not to exceed $9,000,000 (the "Bonds ") by the City of Pine City, Minnesota (the "Issuer ") to finance the costs of a project (the "Project ") consisting of the refunding in advance of maturity of the City's $11,830,000 Elder Care Facility Revenue Bonds (Care Institute, Inc. - Maplewood Project) Series 1994 issued to finance the acquisition, construction and equipping of a 100 -unit senior multifamily rental housing development located in the City of Maplewood. The Borrower will own and operate the Project. 3. Joint Powers Agreement In connection with the issuance of the Bonds it is proposed that a Joint Powers Agreement be entered into by and among the City of Pine City, Minnesota and the City, pursuant to Minnesota Statutes, Sections 471.59 and 471.656 (the "Joint Powers Agreement "). The Joint Powers Agreement is hereby approved in substantially the form now on file with the City; and the Mayor and City Clerk are authorized to execute the same in the name of and on behalf of the City. In the event of the disability or the resignation or other absence of the Mayor or City Clerk of the City, such other officers of the City who may act in their behalf shall without further act or authorization of the City do all things and execute all instruments and documents required to be done or to be executed by such absent or disabled officials. The approval hereby given to the Joint Powers Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized herein to execute the Joint Powers Agreement before its execution; and said City officials are hereby authorized to approve said changes on behalf of the City. 4. Recital of Representations Made by the Borrower (a) The Borrower has agreed to pay any and all costs incurred by the City in connection with the issuance of the Bonds, whether or not such issuance is carried to completion. (b) The Borrower has represented to the City that no public official of the City has either a direct or an indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project. 5. Public Hearing (a) Section 147(f) of the Internal Revenue Code, as amended (the "Code "), requires that each governmental unit in which Facilities to be financed by the Bonds are located must approve the issuance of the Bonds following a public hearing. 1881554v1 3 6 (b) A public hearing on the issuance of the Bonds was held by the City on the date hereof. 6. Host Approval The City hereby gives the host approval required under the Internal Revenue Code to the issuance of the Bonds. 1881554v1 4 7 STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD 1, the undersigned, being the duly qualified Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the Maplewood City Council duly called and held on the date therein indicated, insofar as such minutes relate to granting host approval to the issuance of revenue refunding Bonds for a project in the City. WITNESS my hand this day of 1 2006. Clerk 1881554v1 J 8 Attachment 5 JOINT POWERS AGREEMENT This Joint Powers Agreement, dated as of , 2006 (the "Agreement "), is made by and between the CITY OF PINE CITY, MINNESOTA ( "Pine City ") and the CITY OF MAPLEWOOD, MINNESOTA ( "Maplewood "). RECITALS WHEREAS, each of Pine City and Maplewood is a municipal corporation and a "municipality" as defined in Minnesota Statutes, Sections 469.152 to 469.1651 (the "Industrial Development Act "), with the power thereunder to issue bonds and loan the proceeds thereof for certain projects; and WHEREAS, Minnesota Statutes, Section 471.59 and 471.656, as amended (collectively, the "Joint Powers Act "), provides that two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers, and that the agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units; and WHEREAS, A Minnesota limited liability company to be formed with Ecumen, a Minnesota nonprofit corporation, as its sole member (the "Borrower") has requested Pine City to issue its Senior Housing Revenue Refunding Bonds, (Lakeview Commons Project) Series 2006 in an amount not to exceed $9,000,000 (the "Bonds "), on behalf of itself and Maplewood, and to loan the proceeds of the Bonds to the Borrower so that the Borrower may finance a project consisting of the refunding in advance of maturity certain tax exempt bonds of Maplewood issued to finance the acquisition, construction and equipping of a 100 -unit senior multifamily rental housing development located at 1200 Lakewood Drive North in Maplewood (the "Project "); and WHEREAS, the governing bodies of Pine City and Maplewood have authorized the execution and delivery of this Agreement and consented to the issuance of the Bonds as contemplated herein; NOW, THEREFORE, the parties hereto hereby agree as follows: 7. In order to finance the Project, Pine City shall issue the Bonds pursuant to the Joint Powers Act, the Industrial Development Act, and the terms of a bond resolution (the "Bond Resolution ") adopted by Pine City on April 5, 2006. The proceeds of the Bonds will be loaned to the Borrower pursuant to a financing agreement, and the Borrower will apply such proceeds to payment of costs of the Project. 8. The liability of Pine City and Maplewood with respect to the Bonds shall be limited as provided in the Industrial Development Act and the Bond Resolution. Except to the extent specifically provided herein, Pine City and Maplewood shall not incur any obligations or liabilities to each other because of the issuance of the Bonds or the use of the Project by the Borrower. The Bonds shall be a special, limited obligation of Pine City payable solely from proceeds, revenues and other amounts pledged thereto and more fully described in the Bond Resolution. The Bonds and the interest thereon shall neither constitute nor give rise to a pecuniary liability, general or moral obligation or a pledge of the full faith and credit of Pine City, Maplewood, the State of Minnesota, or any political subdivision of the above, within the meaning of any constitutional or statutory provisions. 1881554v1 6 9 Attachment 5 9. All costs incurred by Pine City and Maplewood in the authorization, execution, delivery and performance of this Agreement shall be paid by the Borrower out of proceeds of the Bonds or other funds legally available to the Borrower. 10. Any property acquired because of this Agreement shall be and remain the property of Pine City, to be disposed of pursuant to the terms of the loan agreement and the Bond Resolution. Any surplus moneys remaining after the purpose of this Agreement has been completed, unless otherwise provided for in the agreements related to the Bonds shall belong to Pine City. 11. This Agreement may not be terminated by any party so long as any portion of the Bonds is outstanding. 12. This Agreement may be amended by Pine City and Maplewood at any time. No amendment may impair the rights of the holders of the Bonds, unless they have consented to such amendment in the manner provided for an amendment of the Indenture. 13. This Agreement may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same Agreement. 1881554v1 7 10 IN WITNESS WHEREOF, duly authorized officers of the CITY OF PINE CITY, MINNESOTA and the CITY OF MAPLEWOOD, MINNESOTA, have executed this Agreement as of the date set forth above. 1881554v1 CITY OF PINE CITY, MINNESOTA By Its Mayor By Its City Administrator 11 CITY OF MAPLEWOOD, MINNESOTA By Its Mayor By Its City Clerk 1881554v1 9 12 Agenda Item K1 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: TH 5 and TH 120 Vacant MnDOT Property, City Project 03-20- - Review Finding of Public Purpose for Wetland Restoration Process DATE: March 21, 2006 INTRODUCTION The excess right of way on the western side of TH 120 at the intersection with TH 5 was discussed by the City Council on March 13, 2006. The Council directed staff to investigate the issue of Public Purpose for the Wetland Restoration process on this property. Staff has checked with a number of agencies as well as the City Attorney and found that wetland restoration is a public purpose. Background The City Council considered this item on January 23, 2006, when the bus garage proposal was presented and again on March 13, 2006 when Marsh 212 and Hill- Murray made a presentation. The Council passed a motion to investigate whether a wetland restoration project constitutes a public purpose for the property. MnDOT representative Chris Roy reported that MnDOT would agree to convey the property for a wetland restoration project as a public purpose. MnDOT is very interested in participating in a coalition that would explore the wetland creation efforts and would likely request wetland credits as part of the process because wetland credits are at a premium in Ramsey County. It would likely be many years if the property is left to MnDOT to just create wetlands, as they would wait for a major project in Ramsey County that needed wetland creation for mitigation. Mr. Roy could not think of any projects currently being planned that would need that amount of wetlands. He also noted that their maintenance needs on the site need to continue to be explored Ramsey Washington Metro Watershed District representative Cliff Aichinger reported that they are very interested in participating in a coalition that would develop a wetland restoration project. Cliff reported that RWMWD acquires property and proceeds along a legal basis that wetland uses, classified as open space properties and drainage facilities meet the provisions of the Wetland Conservation Act and that they could participate in the project because it has a public purpose. Ramsey County Soil and Water Conservation District representative Tom Pederson reported that they are very interested in participating in a coalition that would develop the wetland restoration project. Tom recommends the "public purpose" requirement for the use of MNDot property be linked to the preamble of the Water Conservation Act (WCA) legislation. Also, WCA's requirements on MNDot to replace wetland impacts should be linked to the pubic purpose of the wetlands restoration activity on this site. City Attorney David Ramberg provided the attached memo regarding the public purpose determination. Mr. Ramberg concluded in his memorandum that the City has a clear public purpose in creating wetlands and in maintaining and potentially owning the property. RECOMMENDATION It is recommended that the City Council direct city staff to investigate a coalition of uses for the TH 5 and TH 120 excess MnDOT property generally in alignment with the presentation from Marsh 212 and Hill - Murray for use of the property, although it shall be stressed that Maplewood's top priority for the site is the restoration of the wetland complex as the overriding public purpose. Attachment: Memo from City Attorney David Ramberg Agenda Item K1 Memorandum To: Chuck Ahl From: Dave Ramberg Date: March 20, 2006 RE: Public Purpose and Wetland Preservation Th 1201 TH 5 Property You have inquired as to whether there exists a proper public purpose to create or restore a significant wetland complex as once existed on the above - referenced property. By the nature of this question, I assume it is based on an anticipated public expenditure associated with an action such as, holding, managing or condemning the land. Having researched the matter, I believe clear and sufficient public purposes exist, to justify the creation, restoration, or preservation of wetlands within the City. The "Background" section of this memorandum is taken directly from a League of Minnesota Cities Memo entitled Public Purpose Expenditures. The "Authority" and "Public Purpose" sections provide support for possible actions by the City, but are not exhaustive. Background In order for an expenditure of public funds to be lawful, it should meet BOTH of the following standards: • Public purpose. There must be a public purpose for the expenditure. • Authority. There must be specific or implied authority for the expenditure in statute or in the city's charter. Specific authority is usually fairly clear. In contrast, whether authority is implied by a particular statute or charter provision is subject to interpretation. Cities should consult with their city attorneys as to whether authority for a specific expenditure is implied. Minn. Const. Art. X, § I The Minnesota Constitution requires that taxation must be for a public purpose. It also generally prohibits giving or loaning the credit of the state to aid any individual, association or corporation. Minn. Const. Art. XII, § I Although a state law may be passed to give a city authority to spend money on various purposes, the Minnesota Constitution prohibits the Legislature from passing any local or special law that authorizes Agenda Item K1 public taxation for a private purpose. Thus, a public expenditure must always be for a public purpose. This leads to the question of what is meant by "public purpose." The meaning of "public purpose" is constantly evolving. The Minnesota Supreme Court has followed a liberal approach, and has generally concluded that "public purpose" means an activity that meets ALL of the following standards: • The activity will benefit the community as a body. • The activity is directly related to functions of government. • The activity does not have as its primary objective the benefit of a private interest. The Minnesota Supreme Court has also held that the general objective of a public purpose is to promote the following for all of a city's residents: • Public health • Safety • General welfare • Security • Prosperity • Contentment Authority The City of Maplewood is a Statutory City of the second class. Minn. Stat. § 412.211 provides for the general statutory city powers. It provides: Every city shall be a municipal corporation having the powers and rights and being subject to the duties of municipal corporations at common law. Each shall have perpetual succession, may sue and be sued, may use a corporate seal, may acquire, either within or without its corporate limits, such real and personal property as the purposes of the city may require, by purchase, gift, devise, condemnation, lease or otherwise, and may hold, manage, control, sell, convey, lease, or otherwise dispose of such property as its interests require. The powers listed in this act are not exclusive and other provisions of law granting additional powers to cities or to classes of cities shall apply except where inconsistent with this chapter. (emphasis added). Minnesota Statutes, Chapter 462 further sets forth a municipality's authority to regulate planning and development. § 462.357 addresses official controls, and provides in part: Agenda Item K1 Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 2160.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 2160.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each Agenda Item K1 is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. Any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. Article VII of the Maplewood City Code addresses certain environmental protection issues such as erosion controls and wetland preservation in § § 12.24'7 -310. Minnesota Statutes Chapters 103E -G may provide additional authority for such actions by the City. Public Purpose Minn. Stat. § 103A.201, subdivision 2 (b) provides legislative authority for the preservation of wetlands: (b) The legislature finds that the wetlands of Minnesota provide public value by conserving surface waters, maintaining and improving water quality, preserving wildlife habitat, providing recreational opportunities, reducing runoff, providing for floodwater retention, reducing stream sedimentation, contributing to improved subsurface moisture, helping moderate climatic change, and enhancing the natural beauty of the landscape, and are important to comprehensive water management, and that it is in the public interest to: (1) achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands; (2) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands; (3) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and (4) replace wetland values where avoidance of activity is not feasible and prudent. Agenda Item K1 Section 103A.202 further states: The legislature finds that it is in the public interest to preserve the wetlands of the state to conserve surface waters, maintain and improve water quality, preserve wildlife habitat, reduce runoff, provide for floodwater retention, reduce stream sedimentation, contribute to improved subsurface moisture, enhance the natural beauty of the landscape, and promote comprehensive and total water management planning. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Reduced Front Yard Setback APPLICANT: Josh Clendenen, Delaney Company LLC LOCATION: 2413 Linwood Avenue DATE: March 21, 2006 Agenda Item K.2 On February 27, 2006, a public hearing was scheduled for a reduced front yard setback request by Josh Clendenen. Mr. Clendenen is the owner and builder of a vacant lot at 2413 Linwood Avenue. Mr. Clendenen requested the hearing after the city received an appeal by an adjacent property owner of his plans to construct a single- family house on the vacant lot which was 37.7 feet closer to the right -of -way than allowed by code. Refer to Attachments 1 through 3. The adjacent property owner at 2424 Linwood Avenue, Fred Nazarian, appealed the reduced front yard setback stating concerns about the location of an existing infiltration basin and the location of the house 11 feet from his property line. During the meeting Mr. Clendenen requested the public hearing be continued until March 27, 2006, in order to allow him time to redesign the infiltration basin and redraft a site plan with the house located to meet city code front yard setback requirements and located further to the west to address Mr. Nazarian's concerns. DISCUSSION Since February 27, 2006, Mr. Clendenen has submitted a preliminary grading and drainage plan showing the infiltration basin relocated to the southwest corner of the lot (Attachment 4). Based on the new grading and drainage plan, Mr. Clendenen worked with a prospective buyer to locate a new style of house on the lot that maintains a 68.2 - foot front yard setback and a 42 -foot side yard setback from the western property line (Attachment 5). The preliminary plan submitted addresses Mr. Nazarian's concerns about the location of the infiltration basin and the location of the house too close to his property. It also complies with the city's front yard setback requirement and will save several mature oak trees, which would have been removed with the original plan. SUMMARY The reduced front yard setback request is not needed because it meets city code requirements and the appealing party's concerns. No city council action is required at this time. However, in order for Mr. Clendenen to obtain a building permit for this house the city council must approve the vacation of the existing drainage and utility easement and the relocation of a new easement for the relocated infiltration basin. Mr. Clendenen will be submitting a vacation request for city council review once a new survey is drafted. P:com- devl12- 28\Hillside Estates12413 Linwood Ave. 3 -27 -06 Report Attachments 1. Location Map 2. Site Plan 3. Elevations 4. Preliminary Grading and Drainage Plan 5. Preliminary Site Plan Attachment 2 } A K t US 'a4*1? 1,27 U9 NK 8 IP023300 '4 13A, is 0 1010AS 13 FND IK 03 K �6 XIOZ9 XI0O6,71 x 102.13 101 s1 1016.13 02"3 C X lot ;.% 0 CL-xAmrg� 00 ip C� f.74 /x lot zo 101 x X1011AS 0 14 I 101150 i X1 o r� XIOM.30.- 7 X100 it) Z�- 10 0bg - 1 .1 1 1(116,116, 16074 0 ) (03 5 0.7 0b &2 it Oi ........ x 00 0 - .24.00 0 0 (:) . 11.25 (0 OA-K 12 Proposed House X6 553 i�sS7:90. c ! V 1009' 3 1c - PIT '0 % U) AX 110 taloa 007.S9 22-00 35.04 1 OAX 14 1 CO& +4.36 p ED x M :- 1007.91 AC aAK 9, (A 0079 No x1ol 7, 19 6 XIM. a x i0i M 007.90 1007a6 .9 123.8 1023 FNDIPK23= N�8,8 ft,' VNDIP" to!6,4a 1011.5 --X 1007 q1 9. x10 7 10=0 ....... I00S2S 1007.03 +'. o X10IM6 1015 LINWO-0-0 AVENUE. Aft it IMIZ Lt-FT - RI lUti a Ak 0 • w T4. ;IFS r 7 f; f r� Attachment 4 t , t k � . } i � f M i I I. i G f r 7 " Pre liminarXite_PLa _. Item K -3 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk Police Chief David Thomalla DATE: March 21, 2006 RE: Predatory Offender Ordinance 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. A draft of an ordinance was submitted at the March 13, 2006 council meeting for consideration and discussion. Following is a memo from Assistant City Attorney Trevor Oliver that addresses questions and concerns that were raised by council at the meeting. Also, following the memo from Mr. Oliver are copies of Minnesota State Statutes that define first degree through fourth degree criminal sexual conduct and other offensives for which predatory offenders are required to register. The Statutes outlining assessment and registration are also included. DATE: 312212006 TO: Richard Fursman, City Manager FROM: City Attorney RE: Sex offender residence restrictions Summary The proposed ordinance to restrict certain sex offenders from establishing residence near places where children congregate is constitutional under the recent holding of the 81h Circuit Court of Appeals in Doe v. Miller 405 F. 3 rd 700 (8 Cir. 2005)(cert. denied). Doe upheld an Iowa state statute which created a similar 2000' area around schools, parks, and day care centers, and is the leading case on the constitutionality of similar statutes and ordinances. In our opinion, the proposed ordinance complies with the guidelines of the Doe case and takes some steps to address areas where the court criticized the Iowa statute. Several policy questions remain for the Council to debate in reaching the final text of the ordinance. This memorandum starts with a general legal discussion of the ordinance, and then goes through the proposed ordinance with our guidance on the issues for the Council. General Discussion The ordinance is proposed as a public safety measure, using the City's inherent power to protect the health, safety and welfare of its citizens to create a zone around child gathering spots in which potentially predatory offenders may not live. The ordinance focuses on those places where children may often gather without their own parents — schools, parks, playgrounds, day care centers, Sunday school, and bus stops — as these places present the points of greatest opportunity for someone to lure a child away or otherwise do harm_ Thirteen states and numerous cities have similar laws creating zones around schools and other child gathering spots. The leading constitutional review of any sex offender residence restriction is the 81h Circuit case of Doe v. Miller 405 F. 3 rd 700 (8 Cir. 2005). Doe found the Iowa statute imposing residence restrictions constitutional, overruling the Federal District Court. The Supreme Court denied cent in the fall, making Doe v. Miller the current leading case on this subject. Based on the holdings of this case, some issues: Coverage The Doe court did not find that sex offender residence restrictions impacted a "fundamental right" under the Constitution, and declined to Find that the 2000' radius made the law unconstitutional, even if 77% of the state's housing stock was off - limits. Absent a "fundamental right," the courts will only look to whether the restrictions are rationally related to a legitimate government purpose, which is discussed below. The Court found no fundamental right to "live where you want," or otherwise to establish a residence in the place of your choosing. A fundamental right to travel does exist, but the statute, in the Court's opinion, did not create real barriers to movement within the state or between states that would affect the fundamental right to travel between states. The Court also decided, by a 2 -1 margin, that while the statute made life very inconvenient for offenders, but was not equivalent to "banishment" which would make it an ex post facto law. Rational relationship As stated above, the City's actions must have a rational relationship to a valid public purpose. In general, the ordinance should comply with this requirement. The City has a vital interest in protecting the health and safety of its citizens. Research shows that sex offenders are particularly prone to re- offense, particularly if their original victims were children, and it is reasonable to assume that proximity to children is significantly related to the risk of re- offense. In making some of the policy choices discussed below, the Council should keep their public purpose — protecting areas where children gather — in mind. So long as the policy choices are aimed at that public safety purpose, and not at punishing any particular offender or category of offenders, the policy choice should be constitutionally valid. The Council may act on its reasonable assumptions and any evidence it may collect to support an ordinance aimed at protecting public safety_ Breakdown of Ordinance: Ordinance: Offenses and Miscellaneous Provisions SEXUAL OFFENDERS AND SEXUAL PREDATORS Sec 1. 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. Comment The legislative findings support the public purpose of the ordinance, and stating them in the text serves as a statement of the Council's legislative intent_ Sec. 2. 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; 649.343; 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. Comment Offenders included The statutes included in our definition are: 609.342 Criminal Sexual Conduct in the First Degree. 609.343 Criminal Sexual Conduct in the Second Degree. 609.344 Criminal Sexual Conduct in the Third Degree. 609.345 Criminal Sexual Conduct in the Fourth Degree. 609.352 Solicitation of Children to Engage in Sexual Conduct. 609.365 Incest. 617.23 Indecent Exposure. 617.246 Use of Minors in Sexual Performance. 617.247 Possession of child pornography. 617.293 Sale of pornography to minors. The Council should amend the list to include 609.3543_ Criminal Sexual Predatory Conduct a new statute passed after the first draft of the ordinance was written. The Council may also wish to discuss whether to include 609.345 1, Criminal Sexual Conduct in the 5 th Degree, which we omitted from the definition to reduce the possibility of sweeping up "minimal" offenders (i.e. streakers, etc.). Which statutes to include or omit is strictly a policy decision, however, and the Council should make the final list. The Iowa statute places restrictions upon those whose crimes were perpetrated against minors. The categorization of offenders included in the statute was not challenged in Doe The level of offender covered is a contentious subject, in which the Council has broad discretion. As with all other components of this ordinance, the category of offenders included in the residence restriction should be the smallest necessary to protect the health and welfare of citizens. The most inclusive definition which we can recommend to the Council would include all offenders whose crimes involved children 16 or younger, and those offenders categorized as Level 1I (moderate risk of re- offense) and Level III (high risk of re- offense). The broad inclusion of any person with a prior offense against a minor is consistent with Iowa and other states, and the connection to the City's purpose is evident. Including Level III and/or Level II offenders is a recognition of the threat of re- offense presented by these categories of offenders, regardless of the age of prior victims. The Department of Corrections is required to assign all sex offenders to Level I (low risk of re- offense), Level II (moderate risk of re- offense), or Level III (high risk of re- offense) at the end of the offender's commitment to the Commissioner of Corrections. The determination of level is based on many factors, which include the severity of offense, the type of victim, and the degree to which it appears that the offender has been amenable to treatment. We believe that it is reasonable and fair to consider a person a risk to the community if the State finds them, after their time in confinement and/or treatment, to present a moderate or greater risk of re- offense. However, to date we are not aware of any other ordinance which includes Level II offenders (or their equivalents in other states) regardless of the age of victim. Using a definition which includes Level II offenders is the broadest scope of the ordinance which is defensible in court. We have a high degree of confidence that including Level III offenders will withstand court scrutiny, and a definition only targeting offenders who have previously victimized children has already passed review in the Doe case. The current definition of "designated sexual offense" lacks a restriction. This was an oversight in the re-drafting process. We recommend adding language to the end of that definition, to the effect of: "in which the victim of the offense was less than 16 years of age, or has been assessed and assigned to Level II or III under Minn. Stat. 244.052 or successor statute." (Most broad version) "in which the victim of the offense was less than 16 years of age, or has been assessed and assigned to Level III under Minn. Stat. 244.052 or successor statute." "in which the victim of the offense was less than 16 years of age." See. 3. 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 2,440 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. Comment 2,000 feet is proposed as the primary distance, as that is the distance used in the Iowa statute upheld by the 8 1h Circuit in Doe v. Miller Several cities, such as the City of Miami Beach, Florida, have gone up to 2,500 feet, but we have yet to see those ordinances undergo court review. The final distance is completely within the discretion of the Council, based upon what the Council finds and believes is the distance necessary to protect the public For reference, here are the distances used by the 13 states that have similar statutes: Alabama: 2000' Georgia: 1040' Louisiana: 1040' Arkansas: 2000' Iowa: 2000' Ohio: 1000' Tennessee: 1000' Illinois: 500' Oklahoma: 2000' Florida: 1000' Kentucky: 1000' Oregon: no set dist. California: 1 l4 mi 1350' No studies exist, to our knowledge, which establish a certain distance as "necessary" to deter re- offense. The Council may make reasonable assumptions as to what distance is necessary to protect these child gathering spots (i.e. prevents offenders from living next door to a gathering point, across the street, on the same block, etc.). Based on the analysis of Doe v. Miller a decision based upon a rational discussion of distances should withstand constitutional scrutiny. (b) Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 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. Comment This portion of the statute was added in the process of drafting the ordinance, and is adapted from Illinois statutes. Similar to the rest of the ordinance, this restriction is rationally related to the purpose of protecting children in the City, and does not impact any protected classes or fundamental rights of offenders. This provision does not appear to conflict with current Minnesota Statutes or Rules, which contain no mention of offenders' holiday activities. (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. Comment This section is intended to alleviate a problem Iowa has had with their ordinance (measurement of distance), and also to prevent a challenge to the ordinance for vagueness. The 8"' Circuit considered and rejected the contention that the Iowa state statute was void for vagueness because some cities could not provide decent information about prohibited zones. The Court declared that the lack of information did not make the statute itself unconstitutional, but appeared to leave the door open for as- applied challenges using unclear information. To avoid even the "as- applied" challenge, the ordinance includes a requirement that the City maintain a map of prohibited areas. This map does not need to be an attachment to the ordinance, as the only thing necessary to avoid the vagueness challenge is the availability of official information. (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. Comment The maximum penalty a City may impose by ordinance is a misdemeanor, currently 90 days' confinement and $1,000.00 fine. The Council may set penalties at any point below these maximums if it wishes to do so. (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. Comment The exceptions to the ordinance's residence restrictions exist to address likely areas where the ordinance may be challenged. The ordinance is designed to deter people from willingly establishing residence near a child gathering place, so the exemptions for residences established before the ordinance goes into effect or before a new prohibited location is built are necessary to keep the ordinance true to its purpose. Also, we view the exceptions as only applying to the residence prohibition in (a) and not the holiday activities prohibition in (b). Family Exception (5) The residence is also the primary residence of the person's parents, grandparents, siblings, spouse, or children. A leading criticism of other statue and city statutes which we have reviewed is that offenders are effectively cut off from all support structures, particularly family, potentially making the ordinance counterproductive. To address this concern, we created an exception for family residences. While the Doe court found the Iowa statute valid without a similar exception, we propose it as a policy improvement and a way to lessen the possibility of the ordinance being overturned. The positives of a family exception are that the offender can have access to their family support if they wish, it requires the offender to live with other people (which has been shown to lower the risk of re- offense), and it reduces the strength of any argument that the ordinance "banishes" offenders. However, the broad family exception, which we include as a starting point for the Council, creates an opening for offenders to establish residence in protected zones. How broad to make this exception is a difficult policy issue for the Council — there are good policy arguments for the exception, but it is also the single greatest loophole. For instance, we drafted the exception on the idea that an offender should be allowed to live with a spouse who maintained a residence in Maplewood, to promote their re- integration into society. On the other hand, an offender could use a spouse to establish a residence in Maplewood — if the offender moves in a week later, there is no ordinance violation. Again, we proposed a broad family exception. The Council may limit the exception by deleting some types of family members in the exception, or by requiring the "family residence" to be established by a certain point (such as six months prior to the offender taking up residence at the family address). Finally, while we are more comfortable recommending an ordinance that contains an exception for bona fide family residences, the 8 th Circuit upheld the Iowa statute without any exception. Minors (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. Minors present another tough policy decision for the Council. The primary reason behind the two minors exceptions were: a) to recognize our State's general policy on juvenile punishment (i.e. clean record at adulthood); and b) minors cannot sign leases, buy property, or otherwise provide for their own shelter. We believe that the simple fact that minors cannot provide for their own residences requires the exception at (3) to stand as is. An exception to the general policy rule regarding juveniles is that some juvenile sex offenders are still required to register under Minn. Stat. 243.166. A possible change to the exception at (2) would be: "The person was a minor when he /she committed the offense and was not convicted as an adult, unless the person is currently required to register under Minn. Stat. 243.166, 243.167, or successor statutes." Under 243.166, most offenders are required to register for 10 years after release from confinement, though some offenders are subject to lifetime registration. This change would require some additional work on the part of the City to determine the person's category, release date, and other details. It would accomplish the goal of including the most dangerous juvenile offenders in the ordinance, regardless of adult status at trial. DOC Exception: (6) The residence is a property owned or leased by the Minnesota Department of Corrections. When we drafted this exception, the intent was simply to avoid the conflict that has arisen in other jurisdictions about jails, prisons, and other correctional facilities, mainly to avoid confusion. However, group homes and halfway houses licensed, but not owned or leased, by the State are not included in the exception. The Council may choose to leave it this way, which is legally defensible but may lead to conflict with the Department of Corrections. State law (Minn. Stat. 244.052, subd. 4) already prevents local police departments from releasing information about Level 11 and III offenders in licensed group care facilities until a week or so before the offender's release. Though there is no real legal connection, DOC may use this exception to the notification rule as a means to prevent the application of this ordinance to offenders in the licensed group homes. Additionally, the Council should consider the original purpose of the ordinance, which is to prevent offenders from choosing a residence near children. While cities throughout Minnesota are unhappy with the way the State has foisted group homes upon them, the residents are not choosing the location as their residence. The burden is upon the DOC and the facility licensee to ensure the public's safety, if for some reason they see fit to place offenders in a facility near a child gathering area. While this is a potential opportunity for the City to make a stand about the placement of group homes in the City, it may be an unnecessary conflict that ultimately does not impact the end of the ordinance. If the Council chooses to amend the exception to encompass the licensed facilities, we suggest the following language: "The residence is a property owned or leased by the Minnesota Department of Corrections, or is a "residential facility" as defined by Minn. Stat. 244.052, subd. 14." "Residential facility" in this clause refers to facilities licensed by either DHS or DOC whose staff are trained in the supervision of sex offenders. Accordingly, not every group home in the city is exempt, just those that specialize in sex offender treatment, which should already be a safe distance away from places where children gather unsupervised. Other group homes remain subject to the ordinance. Sec. 4. 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 in Sec. 3(a). (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. Comment This section is included because we feel that the ordinance will lose much of its effectiveness if there is no leverage against landlords or other owners who may be tempted to circumvent the ordinance. First, note that the ordinance requires that the property owner must have knowledge that the property is being rented by or used by a sex offender before a violation occurs. This requirement of knowledge should, by itself, prevent any "surprises" that subject a landowner to criminal or administrative penalties. Also, enforcement of the ordinance against property owners should resemble enforcement of our nuisances code. The focus on administrative action should give the City the ability to effectively separate truly accidental violations of the ordinance from intentional violations in the process of investigating them. Recommendation It is requested that the city council decide on passage of a predatory offender ordinance, the parameters regarding what levels of offenders will be included and the distance the predators can reside where children congregate. Minnesota Statutes 2005, 609.342 Minnesota Statutes 2005. Table of Cha ters R—L.- Table of contents for C_ haDtei 609 609,342 Criminal sexual conduct in the first degree. Subdivision 1. Crime defined. A person who engages in sexual penetration with another person, or in sexual contact with a person under 13 years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal sexual conduct in the first degree if any of the following circumstances exists: (a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (b) the complainant is at least 13 years of age but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another; (d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit, (a) the actor causes personal injury to the complainant, and either of the following circumstances exist: (i) the actor uses force or coercion to accomplish sexual penetration; or (ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; (f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists: (i) an accomplice uses force or coercion to cause the complainant to submit; or (ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit; (g) the actor has a significant relationship to the Page I of 3 http://www,revisor.Ieg-state.mn.us/stats/609/342-html 3/10/2006 Minnesota Statutes 2005, 609.342 complainant and the complainant was under 16 years of age at the time of the sexual penetration., Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or (h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual penetration, and: (i) the actor or an accomplice used force or coercion to accomplish the penetration; (ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time. , Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. Subd.. 2. Penalty, (a) Except as otherwise provided in section 609.109 or 609.3455, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of not more than $40,000, or both, (b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 144 months must be imposed on an offender convicted of violating this section. Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines. (c) A person convicted under this section is also subject to conditional release under section 609.3455.. Subd. 3. Stay. Except when imprisonment is required under section 609.109 or 609.3455., if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that: (a) a stay is in the best interest of the complainant or the family unit; and (b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If the court stays imposition or execution of sentence, it shall include the following as conditions of probation: (1) incarceration in a local jail or workhouse; (2) a requirement that the offender complete a treatment program; and (3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent. Page 2 of 3 littp://www,revisor.lea.,state,mn,us/stats/609/342.htn 3/10/2006 Minnesota Statutes 2005, 609,342 HIST: 1975 c 374 s 3; 1981 c 51 s 2; 1983 c 204 s 1; 1984 c 628 art 3 s 11; 1985 c 24 s 5; 1985 c 286 s 15; 1986 c 444; 1989 c 290 art 4 s 12; 1992 c 571 art 1 s 14; 1994 c 636 art 2 s 34; 1995 c 186 s 99; 1998 c 367 art 3 s 7; art 6 s 15; 2000 c 311 art 4 s 2; 2000 c 437 s 10; 2005 c 136 art 2 s 12,13 Copyright 200,5 by the Office of Revisor of Statutes, State of Minnesota. Page 3 of 3 http 3/10/2006 Minnesota Statutes 2005, 609,343 Minnesota Statutes 2005. Table of Cha)tets Table of contents for Chanter 609 609,343 Criminal sexual conduct in the second degree. Subdivision 1., Crime defined, A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the second degree if any of the following circumstances exists: (a) the complainant is under 13 years of age and the actor is more than 36 months older than the complainant., Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. In a prosecution under this clause, the state is not required to prove that the sexual contact was coerced; (b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (c) circumstances existing at the time of the act cause the complainant to have a reasonable fear of imminent great bodily harm to the complainant or another; (d) the actor is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the dangerous weapon to cause the complainant to submit; (a) the actor causes personal injury to the complainant, and either of the following circumstances exist: (i) the actor uses force or coercion to accomplish the sexual contact; or (ii) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; (f) the actor is aided or abetted by one or more accomplices within the meaning of section 609.05, and either of the following circumstances exists: (i) an accomplice uses force or coercion to cause the complainant to submit; or (ii) an accomplice is armed with a dangerous weapon or any article used or fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses or threatens to use the weapon or article to cause the complainant to submit; (g) the actor has a significant relationship to the Page I of') http://w\vw.revisor.leg.state.,nin,us/stats/609/343.htn 3/10/2006 Minnesota Statutes 2005, 609.343 complainant and the complainant was under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; or (h) the actor has a significant relationship to the complainant, the complainant was under 16 years of age at the time of the sexual contact, and: (i) the actor or an accomplice used force or coercion to accomplish the contact; (ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time, Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense. Subd, 2. Penalty. (a) Except as otherwise provided in section 609.109 or 609.3455, a 'person convicted under subdivision 1 may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of not more than $35,000, or both. (b) Unless a longer mandatory minimum sentence is otherwise required by law or the Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall presume that an executed sentence of 90 months must be imposed on an offender convicted of violating subdivision 1, clause (c), (d), (e), (f), or (h), Sentencing a person in a manner other than that described in this paragraph is a departure from the Sentencing Guidelines. (c) A person convicted under this section is also subject to conditional release under section 609.3455- Subd. 3. stay,, Except when imprisonment is required under section 609.109 or 609.3455, if a person is convicted under subdivision 1, clause (g), the court may stay imposition or execution of the sentence if it finds that: (a) a stay is in the best interest of the complainant or the family unit; and (b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program., If the court stays imposition or execution of sentence, it shall include the following as conditions of probation: (1) incarceration in a local jail or workhouse; (2) a requirement that the offender complete a treatment program; and (3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment Page .2 of 3 http://www.revisoi 3/10/2006 Minnesota Statutes 2005, 609A34.3 program and the supervising correctional agent. , HIST: 1975 c 374 s 4; 1979 c 258 s 12; 1.981 c 51 s 3; 1983 c 204 s 2; 1984 c 628 art 3 s 11; 1985 c 24 s 6; 1.985 c 286 s 16; 1986 c 444, 19B9 c 290 art 4 s 13; 1992 c 571 art 1 s 15; 1998 c 367 art 3 s 8; art 6 s 15; 2000 c 437 s 11; 2002 c 381 s 2; 2005 c 136 art 2 s 14,15 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page 3 of 3 htip://www.revisoT,Ieg,,state.,nui.us/stats/609/343-html 3/10/2006 Minnesota Statutes 2005, 609.344 Minnesota Statutes 2005.3ab of ChaptqLs Table of contents for Cha pter 609 — Tq— 609,344 Criminal sexual conduct in the third degree. Subdivision 1. Crime defined. A person who engages in sexual penetration with another person is guilty of criminal sexual conduct in the third degree if any of the following circumstances exists: (a) the complainant is under 13 years of age and the actor is no more than 36 months older than the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant shall be a defense; (b) the complainant is at least 13 but less than 16 years of age and the actor is more than 24 months older than the complainant. In any such case it shall be an affirmative defense, which must be proved by a preponderance of the evidence, that the actor believes the complainant to be 16 years of age or older. If the actor in such a case is no more than 48 months but more than 24 months older than the complainant, the actor may be sentenced to imprisonment for not more than five years. Consent by the complainant is not a defense; (c) the actor uses force or coercion to accomplish the penetration; (d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; (e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual penetration, and: (i) the actor or an accomplice used force or coercion to accomplish the penetration; (ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time., Neither mistake as to the complainant's age nor consent to Page I of 3 http://vvwAy.revisor,le,p,�ate.,mn,,us/stats/609/344.lilml 3/10/2006 Minnesota Statutes 2005, 609, )44 the act by the complainant is a defense; (h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual penetration occurred: (i) during the psychotherapy session; or (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship exists,, Consent by the complainant is not a defense; (i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist; (j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual penetration occurred by means of therapeutic deception. Consent by the complainant is not a defense; (k) the actor accomplishes the sexual penetration by means of deception or false representation that the penetration is for a bona fide medical purpose. Consent by the complainant is not a defense; (1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and: (i) the sexual penetration occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or (ii) the sexual penetration occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense; (m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system. Consent by the complainant is not a defense; or (n) the actor provides or is an agent provides special transportation service, the special transportation service, and occurred during or immediately before or transported the complainant. Consent by a defense. of an entity that the complainant used the sexual penetration after the actor the complainant is not Subd. 2. Penalty. , Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than 15 years or to a payment of a fine of not more than $30,000, or both. A person convicted under this section is also subject to conditional Page 2 of 3 htip://www,,revisor.leg.state.mn.us/stats/609/344.htn 3/10/2006 Mirmesota Statutes 2005, 609,344 release under section 609.3455. Subd- 3. stay. Except when imprisonment is required under section 609.109 or 609.3455, if a Person is convicted under subdivision 1, clause (f), the court may stay imposition or execution of the sentence if it finds that: (a) a stay is in the best interest of the complainant or the family unit; and (b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If the court stays imposition or execution of sentence, it shall include the following as conditions of probation: (1) incarceration in a local jail or workhouse; (2) a requirement that the offender complete a treatment program; and (3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent. HIST: 1975 c 374 s 5; 1979 c 258 s 13; 1983 588 s 7; 1984 c 628 art 3 s 11; 1985 c 24 s 7; 1985 c 297 s 6; 1986 c 351 s 8; 1986 c 444; 1S 80; 1.987 c 94 s 1; 1989 c 290 art 4 s 14; 1992 16,17; 1993 c 326 art 4 s 20; 1994 c 636 art 2 art 3 s 9; art 6 s 15; 2000 c 437 s 12; 2001 c 381 s 3; 2005 c 136 art 2 s 16,17 c 204 s 3; 1984 c 1985 c 286 s 17; D1986 c 3 art 1 s * 571 art I s * 35; 1998 c 367 210 s 22; 2002 c Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota, Page 3 of .3 Z1.1) littp://ww 3/10/2006 Minnesota Statutes 2005, 6093 )45 Mirmesota Statutes. 2.QO,5.-!4h!,e�-gt-Cli—ap-tq-T5 Table d—contents for (Jiapter 609 609.345 Criminal sexual conduct in the fourth degree. Subdivision 1. Crime defined. A person who engages in sexual contact with another person is guilty of criminal sexual conduct in the fourth degree if any of the following circumstances exists: (a) the complainant is is no more than 36 months mistake as to the complai complainant is a defense,, the state is not required coerced; under 13 years of age and the actor older than the complainant. Neither cant's age or consent to the act by the In a prosecution under this clause, to Drove that the sexual contact was (b) the complainant is at least 13 but less than 16 years of age and the actor is more than 48 months older than the complainant or in a position of authority over the complainant_ Consent by the complainant to the act is not a defense., In any such case, it shall be an affirmative defense which must be proved by a preponderance of the evidence that the actor believes the complainant to be 16 years of age or older; (c) the actor uses force or coercion to accomplish the sexual contact; (d) the actor knows or has reason to know that the complainant is mentally impaired, mentally incapacitated, or physically helpless; (e) the complainant is at least 16 but less than 18 years of age and the actor is more than 48 months older than the complainant and in a position of authority over the complainant.. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (f) the actor has a significant relationship to the complainant and the complainant was at least 16 but under IS years of age at the time of the sexual contact. Neither mistake as to the complainant's age nor consent to the act by the complainant is a defense; (g) the actor has a significant relationship to the complainant, the complainant was at least 16 but under 18 years of age at the time of the sexual contact, and: (i) the actor or an accomplice used force or coercion to accomplish the contact; (ii) the complainant suffered personal injury; or (iii) the sexual abuse involved multiple acts committed over an extended period of time. Neither mistake as to the complainant's age nor consent to Page 1 of 3 btip://www.revisor.leg.state.mn.us/stats/609/345.html 3/10/2006 Minnesota Statutes 2005, 609-345 the act by the complainant is a defense; (h) the actor is a psychotherapist and the complainant is a patient of the psychotherapist and the sexual contact occurred: (i) during the psychotherapy session; or (ii) outside the psychotherapy session if an ongoing psychotherapist--patient relationship exists. Consent by the complainant is not a defense; (i) the actor is a psychotherapist and the complainant is a former patient of the psychotherapist and the former patient is emotionally dependent upon the psychotherapist; (j) the actor is a psychotherapist and the complainant is a patient or former patient and the sexual contact occurred by means of therapeutic deception. Consent by the complainant is not a defense; (k) the actor accomplishes the sexual contact by means of deception or false representation that the contact is for a bona f ide ide medical purpose. Consent by the complainant is not a defense; (1) the actor is or purports to be a member of the clergy, the complainant is not married to the actor, and: (i) the sexual contact occurred during the course of a meeting in which the complainant sought or received religious or spiritual advice, aid, or comfort from the actor in private; or (ii) the sexual contact occurred during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private. Consent by the complainant is not a defense; (m) the actor is an employee, independent contractor, or volunteer of a state, county, city, or privately operated adult or juvenile correctional system, including, but not limited to, jails, prisons, detention centers, or work release facilities, and the complainant is a resident of a facility or under supervision of the correctional system. Consent by the complainant is not a defense; or (n) the actor provides or is an agent of an entity that provides special transportation service, the complainant used the special transportation service, the complainant is not married to the actor, and the sexual contact occurred during or immediately before or after the actor transported the complainant. Consent by the complainant is not a defense, Subd- 2. Penalty. Except as otherwise provided in section 609.3455, a person convicted under subdivision 1 may be sentenced to imprisonment for not more than ten years or to a payment of a fine of not more than $20,000, or both, A person convicted under this section is also subject to conditional release under section 609.3455, Page 2 of 3 http-://www,,i 3/10/2006 Minnesota Statutes 2005, 609345 Subd., 3, stay. Except when imprisonment is required under section 609.10 9 or 609.3455, if a person is convicted under subdivision 1, clause (f), the court may stay imposition or execution of the sentence if it finds that: (a) a stay is in the best interest of the complainant or the family unit; and (b) a professional assessment indicates that the offender has been accepted by and can respond to a treatment program. If the court stays imposition or execution of sentence, it shall include the following as conditions of probation: (1) incarceration in a local - jail or workhouse; (2) a requirement that the offender complete a treatment program, and (3) a requirement that the offender have no unsupervised contact with the complainant until the offender has successfully completed the treatment program unless approved by the treatment program and the supervising correctional agent. HIST: 1915 c 374 s 6; 1976 c 124 s 9; 1979 c 258 s 14; 1981 c 51 s 4; 1983 c 204 s 4; 1984 c 588 s 8; 1984 c 628 art 3 s 11; 1.985 c 24 s 8; 1985 c 286 s 18; 1985 c 297 s 7; 1986 c 351 s 9; 1986 c 444; 1Spl986 c 3 art 1 s 81; 1987 c 94 3 2; 1.989 c 290 art 4 s 15; 1992 c 571 art I s 18,19; 1993 c 326 art 4 s 21; 1994 c 636 art 2 s 36; 1998 c 367 art 3 s 10; art 6 s 15; 2000 c 4 37 s 13; 2001 c 210 s 23; 2002 c 381 s 4; 2005 c 136 art 2 s 18,19 Copyright 2003 by the Office of Revisor of -Statutes, State of Minnesota, Page 3 of 3 http://www.revisor,leg.state.n 3/10/2006 Minnesota Statutes 2005, 609,352 Minnesota Statutes 2005. Table of C ter s Table of contents for Cl aDter° 609 609.352 Solicitation of children to engage in sexual conduct. Subdivision I. Definitions. As used in this section: (a) "child" means a person 15 years of age or younger; (b) "sexual conduct" means sexual contact of the individual's primary genital area, sexual penetration as defined in section 609.341, or sexual performance as defined in section 617.246; and (c) "solicit" means commanding, entreating, or attempting to persuade a specific person in person, by telephone, by letter, or by computerized or other electronic means. Subd. 2, Prohibited act. A person 18 years of age or older who solicits a child or someone the person reasonably believes is a child to engage in sexual conduct with intent to engage in sexual conduct is guilty of a felony and may be sentenced to imprisonment for not more than three years, or to payment of a fine of not more than $5,000, or both, Subd. 3. Defenses. Mistake as to age is not a defense to a prosecution under this section. HIST: 1986 c 445 s 3; 2000 c 311 art 4 s 3,4 Copyright .2005 by the Office of Revisor of Statutes, State Of Minnesota, Page I of 1 htip://www.revisor-leg.state,,mn.us/stats/609/352.html 3/10/2006 Minnesota Statutes 2005, 609,365 Miruiesota Statutes 2005. Table of Chai)ters Table of contents for Clinte.009 609.365 Incest. Whoever has sexual intercourse with another nearer of kin to the actor than first cousin, computed by rules of the civil law, whether of the half or the whole blood, with knowledge of the relationship, is guilty of incest and may be sentenced to imprisonment for not more than ten years. HIST: 1963 c 753 art I s 609,,365; 1986 c 444 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page I of I Z:� hitp://wN 3/10/2006 Minnesota Statutes 2005, 617.23 Minnesota Statutes 2005. Table of Chap lers Table of contents for Chapter 617 617,23 indecent exposure; penalties. Subdivision I. Misdemeanor, A person who commits any of the following acts in any public place, or in any place where others are present, is guilty of a misdemeanor: (1) willfully and lewdly exposes the person's body, or the private parts thereof; (2) procures another to expose private parts; or (3) engages in any open or gross lewdness or lascivious behavior, or any public indecency other than behavior specified in this subdivision. Subd. 2. gross misdemeanor. A person who commits any of the following acts is guilty of a gross misdemeanor: (1) the person violates subdivision 1 in the presence of a minor under the age of 16; or (2) the person violates subdivision I after having been previously convicted of violating subdivision 1, sections 609. to 609.3451, or a statute from another state in conformity with any of those sections,. Subd. 3. Felony. A person is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if: (1) the person violates subdivision 2, clause (1), after having been previously convicted of or adjudicated delinquent for violating subdivision 2, clause (1); section 609.3451, subdivision 1, clause (2); or a statute from another state in conformity with subdivision 2, clause (1), or section 609.3451., subdivision 1, clause (2); or (2) the person commits a violation of subdivision 1, clause (1), in the presence of another person while intentionally confining that person or otherwise intentionally restricting that person's freedom to move. Subd, 4. Breast-feeding. It is not a violation of this section for a woman to breast-feed. MIST: (10186) RL s 4953; 1931 c 321; 1.986 c 444; 1994 c 636 art 2 s 54; 1,995 c 226 art 2 s 31; 1996 c 408 art 3 s 37; 1998 c 367 art 3 s 14; 1998 c 369 s 2 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page I of I http: / /www. revisor. leg. state .mn..us /stats /617/2.3,htrnl 3/10/2006 Minnesota Statutes 2005, 617_246 Mimiesota Statutes 2005. Table of Chapters Table of contents for Cha 617 617,246 Use of minors in sexual performance prohibited. Subdivision I. Definitions. (a) For the purpose of this section, the terms defined in this subdivision have the meanings given them. (b) "Minor" means any person under the age of IS. (c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise, (d) "Sexual performance" means any play, dance or other exhibition presented before an audience or for purposes of visual or mechanical reproduction that uses a minor to depict actual or simulated sexual conduct as defined by clause (e). (e) "Sexual conduct" means any of the following: (1) an act of sexual intercourse, normal or perverted, including genital-genital, anal-genital, or oral-genital intercourse, whether between human beings or between a human being and an animal; (2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed; (3) masturbation; (4) lewd exhibitions of the genitals; or (5) physical contact with the clothed or unclothed pubic areas or buttocks of a human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification. (f) "Pornographic work" means: (1) an original or reproduction of a picture, film, photograph, negative, slide, - videotape, videodisc, or drawing of a sexual performance involving a minor; or (2) any visual depiction, including any photograph, film, video, picture, drawing, negative, slide, or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means that: (i) uses a minor to depict actual or simulated sexual conduct; (ii) has been created, adapted, or modified to appear that Page I of2 littp://www.r leg,state.mn,us/stats/617/246.hiniI 3/10/2006 Minnesota Statutes 2005, 617.246 an identifiable minor is engaging in sexual conduct; or (iii) is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the material is or contains a visual depiction of a minor engaging in sexual conduct. For the purposes is a person who was created or altered, depiction. of this paragraph, an identifiable minor a minor at the time the depiction was whose image is used to create the visual Subd. 2. Use of minor. It is unlawful for a person to promote, employ, use or permit a minor to engage in or assist others to engage minors in posing or modeling alone or with others in any sexual performance or pornographic work if the person knows or has reason to know that the conduct intended is a sexual performance or a pornographic work,, Any person who violates this subdivision is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both. Subd. 3. operation or ownership of business. A person who owns or operates a business in which a pornographic work, as defined in this section, is disseminated to an adult or a minor or is reproduced, and who knows the content and character of the pornographic work disseminated or reproduced, is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both. Subd. 4. Dissemination. A person who, knowing or with reason to know its content and character, disseminates for profit to an adult or a minor a pornographic work, as defined in this section, is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or to payment of a fine of not more than $20,000 for the first offense and $40,000 for a second or subsequent offense, or both. Subd., 5., Consent; mistake. Neither consent to sexual performance by a minor or the minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a charge of violation of this section, Subd. 6. Affirmative defense. It shall be an affirmative defense to a charge of violating this section that the sexual performance or pornographic work was produced using only persons who were 18 years or older. HIST: 1977 c 371 s 1; 1982 c 604 s 2; 1983 c 204 s 11; 1984 c 628 art 3 s 7-9; 1986 c 444, 1999 c 217 s 1-5 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page 2 of 2 htip://www.revisor.leg.state.nin.,us/stats/617/246.htnl 3/10/2006 Minnesota Statutes 2005, 617.247 Minnesota Statutes 2005. Table of Chai)ters Table of contents for Chamer 617 617.247 Possession of pornographic work involving minors., Subdivision 1. Policy; purpose, It is the policy of the legislature in enacting this section to protect minors from the physical and psychological damage caused by their being used in pornographic work depicting sexual conduct which involves minors. It is therefore the intent of the legislature to penalize possession of pornographic work depicting sexual conduct which involve minors or appears to involve minors in order to protect the identity of minors who are victimized by involvement in the pornographic work, and to protect minors from future involvement in pornographic work depicting sexual conduct. Subd. 2, Definitions, For purposes of this section, the following terms have the meanings given them: (a) "Pornographic work" has the meaning given to it in section 61 (b) "Sexual conduct" has the meaning given to it in section 61'7.246. Subd. 3, Dissemination prohibited. (a) A person who disseminates pornographic work to an adult or a minor, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than seven years and a fine of not more than $10,000 for a first offense and for not more than 15 years and a fine of not more than $20,000 for a second or subsequent offense, (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than 15 years if the - violation occurs when the person is a registered predatory offender under section 243.166. Subd. 4. Possession prohibited. (a) A person who possesses a pornographic work or a computer disk or computer or other electronic, magnetic, or optical storage system or a storage system of any other type, containing a pornographic work, knowing or with reason to know its content and character, is guilty of a felony and may be sentenced to imprisonment for not more than five years and a fine of not more than $5,000 for a first offense and for not more than ten years and a fine of not more than $10,000 for a second or subsequent offense. (b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than ten years if the violation occurs when the person is a registered predatory offender under section 243.166. Subd.. 5. Exception. This section does not apply to the performance of official duties by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists, or social workers or persons acting at the Page I of http: //www.revisor. leg. state, mn,us/stats/617/247.htryd 3/10/2006 Minnesota Statutes 2005, 617.247 direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program. Subd. 6. Consent. Consent to sexual performance by a minor or the minor's parent, guardian, or custodian is not a defense to a charge of violation of this section, Subd. 7. Second offense. If a person is convicted of a second or subsequent violation of this section within 15 years of the prior conviction, the court shall order a mental examination of the person. The examiner shall report to the court whether treatment of the person is necessary. Subd., 8. Affirmative defense, It shall be an affirmative defense to a charge of violating this section that the pornographic work was produced using only persons who were 18 years or older. HIST: 1982 c 604 s 3; 1983 c 204 s 12; 1986 c 444; 1.995 c 217 6-10; 2001 c 197 s 4,5; 1Sp2001 c 8 art 8 s 28 Copyright 200.5 by the Office of Revisor of Statutes, State of Minnesota. Page 2 of 2 http://www.i 3/10/2006 Minnesota Statutes 2005, 617,293 Minnesota Statutes 2005. Table of ChaMers Table of contents fo Chaoter 6 17 t U_jW_L_o 617.293 Harmful materials; dissemination and display to minors prohibited. Subdivision 1, Dissemination. It is unlawful for any person knowingly to sell or loan for monetary consideration to a minor: (a) any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, or (b) any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in clause (a), or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse which, taken as a whole, is harmful to minors., Subd. 2,, Display, (a) It is unlawful for any person commercially and knowingly to exhibit or display any material which is harmful to minors in its content in any place of public accommodation where minors are or may be present and where minors are able to view the material unless each item is kept in a sealed wrapper all all times. (b) It is unlawful for any person commercially and knowingly to exhibit or display any material the cover or packaging of which, standing alone, is harmful to minors in any place of public accommodation where minors are or may be present or allowed to be present and where minors are able to view the material unless each item is blocked from view by an opaque cover. The opaque cover requirement is satisfied if those portions of the cover or packaging containing the material harmful to minors are blocked from view by an opaque cover. (c) The provisions of this subdivision do not apply to the exhibition or display of materials harmful to minors under circumstances where minors are not present or are not able to view the material or the material's cover or packaging. A person may comply with the requirements of this paragraph by (1) physically segregating the material in a manner that physically prohibits access to and view of the material by minors, (2) prominently posting at the entrance to the restricted area: "Adults only--you must be 18 to enter," and (3) enforcing the restriction. HIST: 1969 c 1071 s 3; 1.971 c 25 a 95; 1988 c 452 s 1 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page I of'l C� htip: / /www. revisor .leg.state.mn.us /stats /617/293. t l 3/10/2006 Minnesota Statutes 2005, 244,052 Minnesota Statutes ?005. Table of CliaDters .... ....... Table of contents for Chal&i-244 244.052 Predatory offenders; notice. Subdivision 1. Definitions. As used in this section: (1) "confinement" means confinement in a state correctional facility or a state treatment facility; (2) "immediate household" means any and all individuals who live in the same household as the offender; (3) "law enforcement agency" means the law enforcement agency having primary jurisdiction over the location where the offender expects to reside upon release; (4) "residential facility" means a facility that is Licensed as a residential program, as defined in section ,245A.O , subdivision 14, by the commissioner of human services under chapter 245A, or the commissioner of corrections under section 241.021, whose staff are trained in the supervision of sex offenders; and (5) "predatory offender" and "offender" mean a person who is required to register as a predatory offender under section 243.166. However, the terms do not include persons required to register based solely on a delinquency adjudication. Subd, 2. Risk assessment scale. By January 1, 1997, the commissioner of corrections shall develop a risk assessment scale which assigns weights to the various risk factors listed in subdivision 3, paragraph (g), and specifies the risk level to which offenders with various risk assessment scores shall be assigned. In developing this scale, the commissioner shall consult with county attorneys, treatment professionals, law enforcement officials, and probation officers. Subd. 3. End-of-confinement review committee, (a) The commissioner of corrections shall establish and administer end-of-confinement review committees at each state correctional facility and at each state treatment facility where predatory offenders are confined. The committees shall assess on a case-by-case basis the public risk posed by predatory offenders who are about to be released from confinement. (b) Each committee shall be a standing committee and shall consist of the following members appointed by the commissioner: (1) the chief executive officer or head of the correctional or treatment facility where the offender is currently confined, or that person's designee; (2) a law enforcement officer; (3) a treatment professional who is trained in the assessment of sex offenders; Page I of 12 http://www,revisoi, leg,.state,mn.,us/stats/244/052.htinI 3/13/2006 Minnesota Statutes 2005, 244,052 (4) a caseworker experienced in supervising sex offenders; and (5) a victim's services professional. Members of the committee, other than the facility's chief executive officer or head, shall be appointed by the commissioner to two-year terms. The chief executive officer or head of the facility or designee shall act as chair of the committee and shall use the facility's staff, as needed, to administer the committee, obtain necessary information from outside sources, and prepare risk assessment reports on offenders (c) The committee shall have access to the following data on a predatory offender only for the purposes of its assessment and to defend the committee's risk assessment determination upon administrative review under this section: (1) private medical data under section 13.384 or 144.335, or welfare data under section 13.46 that relate to medical treatment of the offender; (2) private and confidential court services data under section 13.84; (3) private and confidential corrections data under section 13.85; and (4) private criminal history data under section . 13-87. Data collected and maintained by the committee under this paragraph may not be disclosed outside the committee, except as provided under section 13.05, subdivision 3 or 4. The predatory offender has access to data on the offender collected and maintained by the committee, unless the data are confidential data received under this paragraph. (d)(i) Except as otherwise provided in items (ii), (iii), and (iv), at least 90 days before a predatory offender is to be released from confinement, the commissioner of corrections shall convene the appropriate end-of-confinement review committee for the purpose of assessing the risk presented by the offender and determining the risk level to which the offender shall be assigned under paragraph (e). The offender and the law enforcement agency that was responsible for the charge resulting in confinement shall be notified of the time and place of the committee's meeting. The offender has a right to be present and be heard at the meeting. The law enforcement agency may provide material in writing that is relevant to the offender's risk level to the chair of the committee. The committee shall use the risk factors described in paragraph (g) and the risk assessment scale developed under subdivision 2 to determine the offender's risk assessment score and risk level. offenders scheduled for release from confinement shall be assessed by the committee established at the facility from which the offender is to be released. (ii) If an offender is received for confinement in a Page 2 of 12 http://www.revisor,,Ieg.state.inn..us/stats/244/052.htlnl 3/1312006 Mirmesota Statutes 2005, 244,052 facility with less than 90 days remaining in the offender's term of confinement, the offender's risk shall be assessed at the first regularly scheduled end of confinement review committee that convenes after the appropriate documentation for the risk assessment is assembled by the committee. The commissioner shall make reasonable efforts to ensure that offender's risk is assessed and a risk level is assigned or reassigned at least 30 days before the offender's release date, (iii) If the offender is subject to a mandatory life sentence under section 609.3455 , subdivision 3 or 4, the commissioner of corrections shall convene the appropriate end-of-confinement review committee at least nine months before the offender's minimum term of imprisonment has been served.. If the offender is received for confinement in a facility with less than nine months remaining before the offender's minimum term of imprisonment has been served, the committee shall conform its procedures to those outlined in item (ii) to the extent practicable. (iv) If the offender is granted supervised release, the commissioner of corrections shall notify the appropriate end-of-confinement review committee that it needs to review the offender's previously determined risk level at its next regularly scheduled meeting. The commissioner shall make reasonable efforts to ensure that the offender's earlier risk level determination is reviewed and the risk level is confirmed or reassigned at least 60 days before the offender's release date, The committee shall give the report to the offender and to the law enforcement agency at least 60 days before an offender is released from confinement. (e) The committee shall assign to risk level I a predatory offender whose risk assessment scare indicates a low risk of reoffense. The committee shall assign to risk level II an offender whose risk assessment score indicates a moderate risk of reoffense. The committee shall assign to risk level III an offender whose risk assessment score indicates a high risk of reoffense, (f) Before the predatory offender is released from confinement, the committee shall prepare a risk assessment report which specifies the risk level to which the offender has been assigned and the reasons underlying the committee's risk assessment decision, Except for an offender subject to a mandatory life sentence under section 609.3455, subdivision 3 or 4, who has not been granted supervised release, the committee shall give the report to the offender and to the law enforcement agency at least 60 days before an offender is released from confinement. If the offender is subject to a mandatory life sentence and has not yet served the entire minimum term of imprisonment, the committee shall give the report to the offender and to the commissioner at least six months before the offender is first eligible for release. If the risk assessment is performed under the circumstances described in paragraph (d), item (ii), the report shall be given to the offender and the law enforcement agency as soon as it is available. The committee also shall inform the offender of the availability of review under subdivision 6. Page 3 of 12 littp:Hwww, revisor leg,state,mmus/stats/244/05 2, h 3/1312006 Minnesota Statutes 2005, 244052 (g) As used in this subdivision, "risk factors" includes, but is not limited to, the following factors: (1) the seriousness of the offense should the offender reoffend., This factor includes consideration of the following: (i) the degree of likely force or harm; (ii) the degree of likely physical contact; and (iii) the age of the likely victim; (2) the offender's prior offense history. This factor includes consideration of the following: W the relationship of prior victims to the offender; (ii) the number of prior offenses or victims; (iii) the duration of the offender's prior offense history; (iv) the length of time since the offender's last prior offense while the offender was at risk to commit offenses, and (v) the offender's prior history of other antisocial acts; (3) the offender's characteristics. This factor includes consideration of the following: (i) the offender's response to prior treatment efforts; and (ii) the offender's history of substance abuse; (4) the availability of community supports to the offender. This factor includes consideration of the following: (i) the availability and likelihood that the offender will be involved in therapeutic treatment, (ii) the availability of residential supports to the offender, such as a stable and supervised living arrangement in an appropriate location; (iii) the offender's familial and social relationships, including the nature and length of these relationships and the level of support that the offender may receive from these persons; and (iv) the offender's lack of education or employment stability; (5) whether the offender has indicated or credible evidence in the record indicates that the offender will reoffend if released into the community; and (6) whether the offender demonstrates a physical condition that minimizes the risk of reoffense, including but not limited to, advanced age or a debilitating illness or physical condition, (h) Upon the request of the law enforcement agency or the Page 4 of'1.2 littp:/hvww.revisoi ,leg,state,,inn-us/stats/244/052.litinl 3/13/2006 Minnesota Statutes 2005, 244,052 offender's corrections agent, the commissioner may reconvene the end-of-confinement review committee for the purpose of reassessing the risk level to which an offender has been assigned under paragraph (a), In a request for a reassessment, the law enforcement agency which was responsible for the charge resulting in confinement or agent shall list the facts and circumstances arising after the initial assignment or facts and circumstances known to law enforcement or the agent but not considered by the committee under paragraph (e) which support the request for a reassessment. The request for reassessment by the law enforcement agency must occur within 30 days of receipt of the report indicating the offender's risk level assignment, The offender's corrections agent, in consultation with the chief law enforcement officer in the area where the offender resides or intends to reside, may request a review of a risk level at any time if substantial evidence exists that the offender's risk level should be reviewed by an end-of-confinement review committee. This evidence includes, but is not limited to, evidence of treatment failures or completions, evidence of exceptional crime-free community adjustment or lack of appropriate adjustment, evidence of substantial community need to know more about the offender or mitigating circumstances that would narrow the proposed scope of notification, or other practical situations articulated and based in evidence of the offender's behavior while under supervision. Upon review of the request, the end-of-confinement review committee may reassign an offender to a different risk level., If the offender is reassigned to a higher risk level, the offender has the right to seek review of the committee's determination under subdivision 6, (i) An offender may request the end-of-confinement review committee to reassess the offender's assigned risk level after three years have elapsed since the committee's initial risk assessment and may renew the request once every two years following subsequent denials. In a request for reassessment, the offender shall list the facts and circumstances which demonstrate that the offender no longer poses the same degree of risk to the community. In order for a request for a risk 'Level reduction to be granted, the offender must demonstrate full compliance with supervised release conditions, completion of required post-release treatment programming, and full compliance with all registration requirements as detailed in section 243,166. The offender must also not have been convicted of any felony, gross misdemeanor, or misdemeanor offenses subsequent to the assignment of the original risk level. The committee shall follow the process outlined in paragraphs (a) to (c) in the reassessment., An offender who is incarcerated may not request a reassessment under this paragraph. (j) Offenders returned to prison as release violators shall not have a right to a subsequent risk reassessment by the end-of-confinement review committee unless substantial evidence indicates that the offender's risk to the public has increased. (k) If the committee assigns a predatory offender to risk level III, the committee shall determine whether residency restrictions shall be included in the conditions of the offender's release based on the offender's pattern of offending behavior. littp://Nvww-revisor,leg,state,ii html Page 5 of 12 3 /1.3/2006 Mirmesota Statutes 2005, 244,052 Subd, 3a. Offenders from other states and offenders released from federal facilities, (a) Except as provided in paragraph (b), the commissioner shall establish an end-of-confinement review committee to assign a risk level. (1) to offenders who are released from a federal correctional facility in Minnesota or a federal correctional facility in another state and who intend to reside in Minnesota; (2) to offenders who are accepted from another state under the interstate compact authorized by section 243.16 or 243,1605 or any other authorized interstate agreement; and (3) to offenders who are referred to the committee by local law enforcement agencies under paragraph (f). (b) This subdivision does not require the commissioner to convene an end-of-confinement review committee for a person coming into Minnesota who is subject to probation under another state's law. The probation or court services officer and law enforcement officer shall manage such cases in accordance with section 244, 10, subdivision 8. (c) The committee shall make reasonable efforts to conform to the same timelines applied to offenders released from a Minnesota correctional facility and shall collect all relevant information and records on offenders assessed and assigned a risk level under this subdivision.. However, for offenders who were assigned the most serious risk level by another state, the committee must act promptly to collect the information required under this paragraph.. The end-of-confinement review committee must proceed in accordance with all requirements set forth in this section and follow all policies and procedures applied to offenders released from a Minnesota correctional facility in reviewing information and assessing the risk level of offenders covered by this subdivision, unless restrictions caused by the nature of federal or interstate transfers prevent such conformance.. All of the provisions of this section apply to offenders who are assessed and assigned a risk level under this subdivision.. (d) If a local law enforcement agency learns or suspects that a person who is subject to this section is living in Minnesota and a risk level has not been assigned to the person under this section, the law enforcement agency shall provide this information to the Bureau of Criminal Apprehension and the commissioner of corrections within three business days. (e) If the commissioner receives reliable information from a local law enforcement agency or the bureau that a person subject to this section is living in Minnesota and a local law enforcement agency so requests, the commissioner must determine if the person was assigned a risk level under a law comparable to this section. If the commissioner determines that the law is comparable and public safety warrants, the commissioner, within three business days of receiving a request, shall notify the local law enforcement agency that it may, in consultation with the department, proceed with notification under subdivision 4 based on the person's out-of-state risk level, However, if the http://www.revisoi leg, st Page 6 of I 3/13/2006 Miiu - lesota Statutes 2005, 244,052 commissioner concludes that the offender is from a state with a risk level assessment law that is not comparable to this section, the extent of the notification may not exceed that of a risk level II offender under subdivision 4, paragraph (b), unless the requirements of paragraph (f) have been met. If an assessment is requested from the end-of-confinement review committee under paragraph (f), the local law enforcement agency may continue to disclose information under subdivision 4 until the committee assigns the person a risk level.. After the committee assigns a risk level to an offender pursuant to a request made under paragraph (f), the information disclosed by law enforcement shall be consistent with the risk level assigned by the end-of-confinement review committee. The commissioner of corrections, in consultation with legal advisers, shall determine whether the law of another state is comparable to this section, (f) If the local law enforcement agency wants to make a broader disclosure than is authorized under paragraph (e), the law enforcement agency may request that an end-of-confinement review committee assign a risk level to the offender. The local law enforcement agency shall provide to the committee all information concerning the offender's criminal history, the risk the offender poses to the community, and other relevant information. The department shall attempt to obtain other information relevant to determining which risk level to assign the offender. committee shall promptly assign a risk level to an offender referred to the committee under this paragraph. Subd- 4, Law enforcement agency; disclosure of information to public, (a) The law enforcement agency in the area where the predatory offender resides, expects to reside, is employed, or is regularly found, shall disclose to the public any information regarding the offender contained in the report forwarded to the agency under subdivision 3, paragraph (f), that is relevant and necessary to protect the public and to counteract the offender's dangerousness, consistent with the guidelines in paragraph (b), The extent of the information disclosed and the community to whom disclosure is made must relate to the level of danger posed by the offender, to the offender's pattern of offending behavior, and to the need of community members for information to enhance their individual and collective safety. (b) The law enforcement agency shall employ the following guidelines in determining the scope of disclosure made under this subdivision: (1) if the offender is assigned to risk level I, the agency may maintain information regarding the offender within the agency and may disclose it to other law enforcement agencies. Additionally, the agency may disclose the information to any victims of or witnesses to the offense committed by the offender. The agency shall disclose the information to victims of the offense committed by the offender who have requested disclosure and to adult members of the offender's immediate household; (2) if the offender is assigned to risk level 11, the agency also may disclose the information to agencies and groups litip://Nvww,revisor,leg.state,mn.us/stats/244/052,litml Page 7 of T .3/13/2006 Minnesota Statutes 2005, 244,052 that the offender is likely to encounter for the purpose of securing those institutions and protecting individuals in their care while they are on or near the premises of the institution. These agencies and groups include the staff members of public and private educational institutions, day care establishments, and establishments and organizations that primarily serve individuals likely to be victimized by the offender. The agency also may disclose the information to individuals the agency believes are likely to be victimized by the offender. The agency's belief shall be based an the offender's pattern of offending or victim preference as documented in the information provided by the department of corrections or human services; (3) if the offender is assigned to risk level III, the agency shall disclose the information to the persons and entities described in clauses (1) and (2) and to other members of the community whom the offender is likely to encounter, unless the law enforcement agency determines that public safety would be compromised by the disclosure or that a more limited disclosure is necessary to protect the identity of the victim, Notwithstanding the assignment of a predatory offender to risk level II or III, a law enforcement agency may not make the disclosures permitted or required by clause (2) or (3), if: the offender is placed or resides in a residential facility_ However, if an offender is placed or resides in a residential facility, the offender and the head of the facility shall designate the offender's likely residence upon release from the facility and the head of the facility shall notify the commissioner of corrections or the commissioner of human services of the offender's likely residence at least 14 days before the offender's scheduled release date. The commissioner shall give this information to the law enforcement agency having jurisdiction over the offender's likely residence. The head of the residential facility also shall notify the commissioner of corrections or human services within 48 hours after finalizing the offender's approved relocation plan to a permanent residence, Within five days after receiving this notification, the appropriate commissioner shall give to the appropriate law enforcement agency all relevant information the commissioner has concerning the offender, including information on the risk factors in the offender's history and the risk level to which the offender was assigned. After receiving this information, the law enforcement agency shall make the disclosures permitted or required by clause (2) or (3), as appropriate,, (c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that: (1) the organizations or community members are in a location or in close proximity to a location where the offender lives or is employed, or which the offender visits or is likely to visit on a regular basis, other than the location of the offender's outpatient treatment program; and (2) the types of interaction which ordinarily occur at that location and other circumstances indicate that contact with the offender is reasonably certain., (d) A law enforcement agency or official who discloses http://w Page 8 of 12 3/13/2006 Miruiesota Statutes 2005, 244.052 information under this subdivision shall make a good faith effort to make the notification within 14 days of receipt of a confirmed address from the Department of Corrections indicating that the offender will be, or has been, released from confinement, or accepted for supervision, or has moved to a new address and will reside at the address indicated. If a change occurs in the -release plan, this notification provision does not require an extension of the release date. (e) A law enforcement agency or official who discloses information under this subdivision shall not disclose the identity or any identifying characteristics of the victims of or witnesses to the offender's offenses, (f) A law enforcement agency shall continue to disclose information on an offender as required by this subdivision for as long as the offender is required to register under section 243.166. This requirement on a law enforcement agency to continue to disclose information also applies to an offender who lacks a primary address and is registering under section subdivision 3a. (g) A law enforcement agency that is disclosing information on an offender assigned to risk level III to the public under this subdivision shall inform the commissioner of corrections what information is being disclosed and forward this information to the commissioner within two days of the agency's determination. The commissioner shall post this information on the Internet as required in subdivision 4b. (h) A city council may adopt a policy that addresses when information disclosed under this subdivision must be presented in languages in addition to English. The policy may address when information must be presented orally, in writing, or both in additional languages by the law enforcement agency disclosing the information, The policy may provide for different approaches based on the prevalence of non-English languages in different neighborhoods, (i) An offender who is the subject of a community notification meeting held pursuant to this section may not attend the meeting. Subd. 4a. Level III offenders; location of residence. (a) When an offender assigned to risk level III is released from confinement or a residential facility to reside in the community or changes residence while on supervised or conditional release, the agency responsible for the offender's supervision shall take into consideration the proximity of the offender's residence to that of other level III offenders and proximity to schools and, to the greatest extent feasible, shall mitigate the concentration of level III offenders and concentration of level III offenders near schools. (b) If the owner or property manager of a hotel, motel, lodging establishment, or apartment building has an agreement with an agency that arranges or provides shelter for victims of domestic abuse, the owner or property manager may not knowingly rent rooms to both level III offenders and victims of domestic abuse at the same time. If the owner or property manager has an Page 9 of 12 http:Hwww revisor, leg, state. nm.us/stats/244/05 2, htinl 3/1 . )/2006 Mhuiesota Statutes 2005, 244,052 agreement with an agency to provide housing to domestic abuse victims and discovers or is informed that a tenant is a level III offender after signing a lease or otherwise renting to the offender, the owner or property manager may evict the offender. Subd, 4b. Level III offenders; mandatory posting of information on Internet. The commissioner of corrections shall create and maintain an Internet Web site and post on the site the information about offenders assigned to risk level III forwarded by law enforcement agencies under subdivision 4, paragraph (g), This information must be updated in a timely manner to account for changes in the offender's address and maintained for the period of time that the offender remains subject to community notification as a level III offender. Subd.. 4c. Law enforcement agency; disclosure of information to a health care facility, (a) The law enforcement agency in the area where a health care facility is located shall disclose the registrant status of any predatory offender registered under section 24 " 3 '.- I ­ 6 " 6 ' to the health care facility if the registered offender is receiving inpatient care in that facility, (b) As used in this section, "health care facility" means a hospital or other entity licensed under sections - 144-50 to 144.58, a nursing home licensed to serve adults under section 144A.02, or a group residential housing facility or an intermediate care facility for the mentally retarded licensed under chapter 245A. Subd, 5. Relevant information provided to law enforcement, At least 60 days before a predatory offender is released from confinement, the Department of Corrections or the Department of Human Services, in the case of a person who was committed under section 1 53B.185 or Minnesota Statutes 1992, section 526.10, shall give to the law enforcement agency that investigated the offender's crime of conviction or, where relevant, the law enforcement agency having primary jurisdiction where the offender was committed, all relevant information that the departments have concerning the offender, including information on risk factors in the offender's history. Within five days after receiving the offender's approved release plan from the hearings and release unit, the appropriate department shall give to the law enforcement agency having primary jurisdiction where the offender plans to reside all relevant information the department has concerning the offender, including information on risk factors in the offender's history and the risk level to which the offender was assigned- If the offender's risk level was assigned under the circumstances described in subdivision 3, paragraph (d), item (ii), the appropriate department shall give the law enforcement agency all relevant information that the department has concerning the offender, including information on the risk factors in the offender's history and the offender's risk level within five days of the risk level assignment or reassignment_ Subd.. 6. Administrative review, (a) An offender assigned or reassigned to risk level II or III under subdivision 3, paragraph (e) or (h), has the right to seek administrative review of an end-of-confinement review committee's risk littp://www,revisoi,leg,state,.mn.us/stats/244/052,litml Page 10 of E) 3/13/2006 Mien - iesota Statutes 2005, 244,052 assessment determination. The offender must exercise this right within 14 days of receiving notice of the committee's decision by notifying the chair of the committee, Upon receiving the request for administrative review, the chair shall notify: (1) the offender; (2) the victim or victims of the offender's offense who have requested disclosure or their designee; (3) the law enforcement agency that investigated the offender's crime of conviction or, where relevant, the law enforcement agency having primary jurisdiction where the offender was committed; (4) the law enforcement agency having jurisdiction where the offender expects to reside, providing that the release plan has been approved by the hearings and release unit of the department of corrections; and (5) any other individuals the chair may select. The notice shall state the time and place of the hearing. A request for a review hearing shall not interfere with or delay the notification process under subdivision 4 or 5, unless the administrative law judge orders otherwise for good cause shown. (b) An offender who requests a review hearing must be given a reasonable opportunity to prepare for the hearing. The review hearing shall be conducted on the record before an administrative law judge.. The review hearing shall be conducted at the correctional facility in which the offender is currently confined. If the offender no longer is incarcerated, the administrative law judge shall determine the place where the review hearing will be conducted, The offender has the burden of proof to show, by a preponderance of the evidence, that the end-of-confinement review committee's risk assessment determination was erroneous. The attorney general or a designee shall defend the end-of-confinement review committee's determination. The offender has the right to be present and be represented by counsel at the hearing, to present evidence in support of the offender's position, to call supporting witnesses and to cross-examine witnesses testifying in support of the committee's determination Counsel for indigent offenders shall be provided by the Legal Advocacy Project of the state public defender's office. (c) After the hearing is concluded, the administrative law judge shall decide whether the end-of-confinement review committee's risk assessment determination was erroneous and, based on this decision, shall either uphold or modify the review committee's determination. The judge's decision shall be in writing and shall include the judge's reasons for the decision. The - j udge's decision shall be final and a copy of it shall be given to the offender, the victim, the law enforcement agency, and the chair of the end-of-confinement review committee. (d) The review hearing is subject to the contested case provisions of chapter 14, (e) The administrative law judge may seal any portion of the record of the administrative review hearing to the extent necessary to protect the identity of a victim of or witness to the offender's offense Subd. 7. Immunity ftom liability, (a) A state or local agency or official, or a private organization or individual authorized to act on behalf of a state or local littp://www.i-evisor,leg.state,inn,us/stats/244/052.htinl Page I I of U 3/13/2006 Minnesota Statutes 2005, 244 052 agency or official, is not criminally liable for disclosing or failing to disclose information, as permitted by this section., (b) A state or local agency or official, or a private organization or individual authorized to act on behalf of a state or local agency or official, is not civilly liable for failing to disclose information under this section. (c) A state or local agency or official, or a private organization or individual authorized to act on behalf of a state or local agency or official, is not civilly liable for disclosing information as permitted by this section., However, this paragraph applies only to disclosure of information that is consistent with the offender's conviction history. It does not apply to disclosure of information relating to conduct for which the offender was not convicted. Subd, 8, Limitation on scope. Nothing in this section imposes a duty upon a person licensed under chapter 82, or an employee of the person, to disclose information regarding an offender who is required to register under section 243.166, or about whom notification is made under this section. HIST: 1996 c 408 art 5 s 4; 1997 c 239 art 5 s 4-7; 1998 c 396 s 3-6; 1.999 c 86 art I s 82; 1999 c 216 art 6 s 2-5; 1999 c 227 s 22; 1999 c 233 s 4,5; 2000 c 311 art 2 s 12; 2001 c 210 s 15; 2002 c 385 s 1-3; 2005 c 136 art 3 s 12-15; art 16 s 13 Cpr>yright 2005 by the Office of Revisor of Statutes, State of Minnesota, Page 12 of 12 http://www,revisoy,,leg,state,,inn.tis/stats/2444/052,html 3/13 /2006 Minnesota Statutes 2005, 243,166 Minnesota Statutes 2005, 'Fable of Chapters ........... Table of contents fbr_CLiqp _L er 243 _ 243.166 Registration of predatory offenders. Subdivision 1,, Repealed, 2005 c 136 art 3 s 31 Subd. la. Definitions. (a) As used in this section, unless the context clearly indicates otherwise, the following terms have the meanings given them. (b) "Bureau" means the Bureau of Criminal Apprehension. (c) "Dwelling" means the building where the person lives under a formal or informal agreement to do so, (d) "Incarceration" and "confinement" do not include electronic home monitoring. (e) "Law enforcement authority" or "authority" means, with respect to a home rule charter or statutory city, the chief of police, and with respect to an unincorporated area, the county sheriff. (f) "Motor vehicle" has the meaning given in section 169.01, subdivision 2, (g) "Primary address" means the mailing address of the person's dwelling. If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible, (h) "School" includes any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education, that the person is enrolled in on a full-time or part-time basis. (i) "Secondary address" means the mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person's primary address. If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible. (j) "Treatment facility" means a residential facility, as defined in section 244.052, subdivision 1, and residential chemical dependency treatment programs and halfway houses licensed under chapter 245A, including, but not limited to, those facilities directly or indirectly assisted by any department or agency of the United States. (k) "Work" includes employment that is full time or part time for a period of time exceeding 14 days or for an aggregate period of time exceeding 30 days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit, Page I of 14 http://www.revisor.leg.state.mn.us/stats/243/166.,html 3/10/2006 Minnesota Statutes 2005, 243,166 Subd. lb. Registration recpaired. (a) A person shall register under this section if: (1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances: (i) murder under section 609.185, clause (4 2 ); (ii) kidnapping under section 609.25; (iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; or (iv) indecent exposure under section 617.23, subdivision 3; (2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of section 609.352; using a minor in a sexual performance in violation of section 617.246; or possessing pornographic work involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances; (3) the person was sentenced as a patterned sex offender under section 609.108; or (4) the person was convicted of or adjudicated delinquent for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to the offenses described in clause (1), (2), or (3) . (b) A person also shall register under this section if: (1) the person was convicted of or adjudicated delinquent in another state for an offense that would be a violation of a law described in paragraph (a) if committed in this state; (2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer; and (3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to lifetime registration, in which case the person shall register for life regardless of when the person was released from confinement, convicted, or adjudicated delinquent. (c) A person also shall register under this section if the Page 2 of 14 http://www,revisor,leg.state.mn.us/stats/243/166.litml 3/10/2006 Minnesota Statutes 2005, 243,166 person was committed pursuant to a court commitment order under section 253B.1 or Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense., (d) A person also shall register under this section if: (1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States; (2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and (3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States. Subd. 2. Notice. When a person who is required to register under subdivision lb, paragraph (a), is sentenced or becomes subject to a juvenile court disposition order, the court shall tell the person of the duty to register under this section and that, if the person fails to comply with the registration requirements, information about the offender may be made available to the public through electronic, computerized, or other accessible means. The court may not modify the person's duty to register in the pronounced sentence or disposition order. The court shall require the person to read and sign a form stating that the duty of the person to register under this section has been explained,, The court shall forward the signed sex offender registration form, the complaint, and sentencing documents to the bureau. If a person required to register under subdivision 1b, paragraph (a), was not notified by the court of the registration requirement at the time of sentencing or disposition, the assigned corrections agent shall notify the person of the requirements of this section.. When a person who is required to register under subdivision lb, paragraph (c) or (d), is released from commitment, the treatment facility shall notify the person of the requirements of this section. The treatment facility shall also obtain the registration information required under this section and forward it to the bureau. Subd. 3. Registration procedure. (a) Except as provided in subdivision 3a, a person required to register under this section shall register with the corrections agent as soon as the agent is assigned to the person.. If the person does not have an assigned corrections agent or is unable to locate the assigned corrections agent, the person shall register with the law enforcement authority that has jurisdiction in the area of the person's primary address, (b) Except as provided in subdivision 3a, at least five days before the person starts living at a new primary address, bttp://www,revisor-leg.state.nm-us/stats/243/166,html Page 3 of 14 3/10/2006 Minnesota Statutes 2005, 243,166 including living in another state, the person shall give written notice of the new primary address to the assigned corrections agent or to the law enforcement authority with which the person currently is registered. If the person will be living in a new state and that state has a registration requirement, the person shall also give written notice of the new address to the designated registration agency in the new state. A person required to register under this section shall also give written notice to the assigned corrections agent or to the law enforcement authority that has jurisdiction in the area of the person's primary address that the person is no longer living or staying at an address, immediately after the person is no longer living or staying at that address,, The corrections agent or law enforcement authority shall, within two business days after receipt of this information, forward it to the bureau,, The bureau shall, if it has not already been done, notify the law enforcement authority having primary jurisdiction in the community where the person will live of the new address. If the person is leaving the state, the bureau shall notify the registration authority in the new state of the new address. The person's registration requirements under this section terminate after the person begins living in the new state and the bureau has confirmed the address in the other state through the annual verification process on at least one occasion. (c) A person required to register under subdivision 1b, paragraph (b), because the person is working or attending school in Minnesota shall register with the law enforcement authority that has jurisdiction in the area where the person works or attends school. In addition to other information required by this section, the person shall provide the address of the school or of the location where the person is employed. A person shall comply with this paragraph within five days of beginning employment or school. A person's obligation to register under this paragraph terminates when the person is no longer working or attending school in Minnesota. (d) A person required to register under this section who works or attends school outside of Minnesota shall register as a predatory offender in the state where the person works or attends school. The person's corrections agent, or if the person does not have an assigned corrections agent, the law enforcement authority that has jurisdiction in the area of the person's primary address shall notify the person of this requirement. Subd, 3a, Registration procedure when person lacks primary address, (a) If a person leaves a primary address and does not have a new primary address, the person shall register with the law enforcement authority that has jurisdiction in the area where the person is staying within 24 hours of the time the person no longer has a primary address. (b) A person who lacks a primary address shall register with the law enforcement authority that has jurisdiction in the area where the person is staying within 24 hours after entering the jurisdiction, Each time a person who lacks a primary address moves to a new jurisdiction without acquiring a new primary address, the person shall register with the law enforcement authority that has jurisdiction in the area where Page 4 of 14 http: / /www.revisor.. leg.. state .nin.us /stats1243 /166.1itml 3110/2006 Minnesota Statutes 2005, 243,166 the person is staying within 24 hours after entering the jurisdiction., (c) Upon registering under this subdivision, the person shall provide the law enforcement authority with all of the information the individual is required to provide under subdivision 4a, However, instead of reporting the person's primary address, the person shall describe the location of where the person is staying with as much specificity as possible. (d) Except as otherwise provided in paragraph (a), if a person continues to lack a primary address, the person shall report in person on a weekly basis to the law enforcement authority with jurisdiction in the area where the person is staying. This weekly report shall occur between the hours of 9:00 a.m, and 5:00 p.m. The person is not required to provide the registration information required under subdivision 4a each time the offender reports to an authority, but the person shall inform the authority of changes to any information provided under this subdivision or subdivision 4a and shall otherwise comply with this subdivision. (e) If the law enforcement authority determines that it is impractical, due to the person's unique circumstances, to require a person lacking a primary address to report weekly and in person as required under paragraph (d), the authority may authorize the person to follow an alternative reporting procedure,, The authority shall consult with the person's corrections agent, if the person has one, in establishing the specific criteria of this alternative procedure, subject to the following requirements: (1) the authority shall document, in the person's registration record, the specific reasons why the weekly in-person -reporting process is impractical for the person to follow; (2) the authority shall explain how the alternative reporting procedure furthers the public safety objectives of this section; (3) the authority shall require the person lacking a primary address to report in person at least monthly to the authority or the person's corrections agent and shall specify the location where the person shall report. If the authority determines it would be more practical and would further public safety for the person to report to another law enforcement authority with jurisdiction where the person is staying, it may, after consulting with the other law enforcement authority, include this requirement in the person's alternative reporting process; (4) the authority shall require the person to comply with the weekly, in-person reporting process required under paragraph (d), if the person moves to a new area where this process would be practical; (5) the authority shall require the person to report any changes to the registration information provided under subdivision 4a and to comply with the periodic registration Page 5 of 14 http://www,revisor,leg-state.iiui,.us/statsl243/166..htnil 3/10/2006 Minnesota Statutes 2005, 243.166 requirements specified under paragraph (f); and (6) the authority shall require the person to comply with the requirements of subdivision 3, paragraphs (b) and (c), if the person moves to a primary address. (f) If a person continues to lack a primary address and continues to report to the same law enforcement authority, the person shall provide the authority with all of the information the individual is required to provide under this subdivision and subdivision 4a at least annually, unless the person is required to register under subdivision lb, paragraph (c), following commitment pursuant to a court commitment under section 253B.185 or a similar law of another state or the United States. If the person is required to register under subdivision lb, paragraph (c), the person shall provide the law enforcement authority with all of the information the individual is required to report under this subdivision and subdivision 4a at least once every three months. (g) A law enforcement authority receiving information under this subdivision shall forward registration information and changes to that information to the bureau within two business days of receipt of the information. (h) For purposes of this subdivision, a person who fails to report a primary address will be deemed to be a person who lacks a primary address, and the person shall comply with the requirements for a person who lacks a primary address. Subd- 4. Contents of registration. (a) The registration provided to the corrections agent or law enforcement authority, must consist of a statement in writing signed by the person, giving information required by the bureau, a fingerprint card, and photograph of the person taken at the time of the person's release from incarceration or, if the person was not incarcerated, at the time the person initially registered under this section. The registration information also must include a written consent form signed by the person allowing a treatment facility or residential housing unit or shelter to release information to a law enforcement officer about the person's admission to, or residence in, a treatment facility or residential housing unit or shelter. Registration information on adults and juveniles may be maintained together notwithstanding section 260B.171 subdivision 3. (b) For persons required to register under subdivision 1b, paragraph (c), following commitment pursuant to a court commitment under section 253B.185 or a similar law of another state or the United States, in addition to other information required by this section, the registration provided to the corrections agent or law enforcement authority must include the person's offense history and documentation of treatment received during the person's commitment. This documentation is limited to a statement of how far the person progressed in treatment during commitment., (c) Within three days of receipt, the corrections agent or law enforcement authority shall forward the registration information to the bureau. The bureau shall ascertain whether Page 6 of 14 http://www,,revisor.leg.state.rnn.us/stats/243/166.html 3/10/2006 Minnesota Statutes 2005, 243,166 the person has registered with the law enforcement authority in the area of the person's primary address, if any, or if the person lacks a primary address, where the person is staying, as required by subdivision 3a. If the person has not registered with the law enforcement authority, the bureau shall send one copy to that authority. (d) The corrections agent or law enforcement authority may require that a person required to register under this section appear before the agent or authority to be photographed. The agent or authority shall forward the photograph to the bureau. The agent or authority shall require a person required to register under this section who is classified as a level III offender under section 244.G5? to appear before the agent or authority at least every six months to be photographed. (e) During the period a person is required to register under this section, the following provisions apply: (1) Except for persons registering under subdivision 3a, the bureau shall mail a verification form to the person's last reported primary address., This verification form must provide notice to the offender that, if the offender does not return the verification form as required, information about the offender may be made available to the public through electronic, computerized, or other accessible means. For persons who are registered under subdivision 3a, the bureau shall mail an annual verification form to the law enforcement authority where the offender most recently reported. The authority shall provide the verification form to the person at the next weekly meeting and ensure that the person completes and signs the form and returns it to the bureau. (2) The person shall mail the signed verification form back to the bureau within ten days after receipt of the form, stating an the form the current and last address of the person's residence and the other information required under subdivision 4a. (3) In addition to the requirements listed in this section, a person who is assigned to risk level 11 or III under section . ,�44.052, and who is no longer under correctional supervision for a registration offense, or a failure to register offense, but who resides, works, or attends school in Minnesota, shall have an annual in-person contact with a law enforcement authority as provided in this section. If the person resides in Minnesota, the annual in-person contact shall be with the law enforcement authority that has jurisdiction over the person's primary address or, if the person has no address, the location where the person is staying. If the person does not reside in Minnesota but works or attends school in this state, the person shall have an annual in-person contact with the law enforcement authority or authorities with jurisdiction over the person's school or workplace. During the month of the person's birth date, the person shall report to the authority to verify the accuracy of the registration information and to be photographed. Within three days of this contact, the authority shall enter information as required by the bureau into the predatory offender registration database and submit an updated photograph Page 7 of 14 http://w . state ,nm,us/stats/243/166,htnil 3/10/2006 Minnesota Statutes 2005, 243.166 of the person to the bureau's predatory offender registration unit. (4) If the person fails to mail the completed and signed verification form to the bureau within ten days after receipt of the form, or if the person fails to report to the law enforcement authority during the month of the person's birth date, the person is in violation of this section, (5) For any person who fails to mail the completed and signed verification form to the bureau within ten days after receipt of the form and who has been determined to be a risk level III offender under section 244.052, the bureau shall immediately investigate and notify local law enforcement authorities to investigate the person's location and to ensure compliance with this section. The bureau also shall immediately give notice of the person's violation of this section to the law enforcement authority having jurisdiction over the person's last registered address or addresses. For persons required to register under subdivision lb, paragraph (c), following commitment pursuant to a court commitment under section 2 53B.185 or a similar law of another state or the United States, the bureau shall comply with clause (1) at least four times each year. For persons who, under section 244,052, are assigned to risk level III and who are no longer under correctional supervision for a registration offense or a failure to register offense, the bureau shall comply with clause (1) at least two times each year. For all other persons required to register under this section, the bureau shall comply with clause (1) each year within 30 days of the anniversary date of the person's initial registration, (f) When sending out a - verification form, the bureau shall determine whether the person to whom the verification form is being sent has signed a written consent form as provided for in paragraph (a). if the person has not signed such a consent form, the bureau shall send a written consent form to the person along with the verification form. A person who receives this written consent form shall sign and return it to the bureau at the same time as the verification form- Subd. 4a. information required to be provided, (a) A person required to register under this section shall provide to the corrections agent or law enforcement authority the following information: (1) the person's primary address; (2) all of the person's secondary addresses in Minnesota, including all addresses used for residential or recreational purposes; (3) the addresses of all Minnesota property owned, leased, or rented by the person; (4) the addresses of all locations where the person is employed; (5) the addresses of all schools where the person is Page 8 of 14 http://Nvww.revisor.leg.state.n 3/10/2006 Minnesota Statutes 2005, 243.166 enrolled; and (6) the year, model, make, license plate number, and color of all motor vehicles owned or regularly driven by the person. (b) The person shall report to the agent or authority the information required to be provided under paragraph (a), clauses (2) to (6), within five days of the date the clause becomes applicable. If because of a change in circumstances any information reported under paragraph (a), clauses (1) to (6), no longer applies, the person shall immediately inform the agent or authority that the information is no longer valid.. If the person leaves a primary address and does not have a new primary address, the person shall register as provided in subdivision 3a., Subd,, 4b. Health care facility; notice of status. (a) For the purposes of this subdivision, "health care facility" means a facility licensed by: (1) the commissioner of health as a hospital, boarding care home or supervised living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A; or (2) the commissioner of human services as a residential facility under chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency treatment to adults, or residential services to persons with developmental disabilities. (b) Upon admittance to a health care facility, a person required to register under this section shall disclose to: (1) the health care facility employee processing the admission the person's status as a registered predatory offender under this section; and (2) the person's corrections agent, or if the person does not have an assigned corrections agent, the law enforcement authority with whom the person is currently required to register, that inpatient admission has occurred. (c) A law enforcement authority or corrections agent who receives notice under paragraph (b) or who knows that a person required to register under this section has been admitted and is receiving health care at a health care facility shall notify the administrator of the facility. (d) Except for a hospital licensed under sections 144.50 to - 144.58, a health care facility that receives notice under this subdivision that a predatory offender has been admitted to the facility shall notify other residents at the facility of this fact.. If the facility determines that notice to a resident is not appropriate given the resident's medical, emotional, or mental status, the facility shall notify the patient's next of kin or emergency contact, Subd,, 5. Criminal penalty, (a) A person required to register under this section who knowingly violates any of its provisions or intentionally provides false information to a corrections agent, law enforcement authority, or the bureau is Page 9 of 14 littp://www.revisor.leg.,state.mn.us/stats/243/166.htnl 3/10/2006 Mhuiesota. Statutes 2005, 243. 166 guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both. (b) Except as provided in paragraph (c), a person convicted of violating paragraph (a) shall be committed to the custody of the commissioner of corrections for not less than a year and a day, nor more than five years, (c) A person convicted of violating paragraph (a), who has previously been convicted of or adjudicated delinquent for violating this section or a similar statute of another state or the United States, shall be committed to the custody of the commissioner of corrections for not less than two years, nor more than five years. (d) Prior to the time of sentencing, the prosecutor may file a motion to have the person sentenced without regard to the mandatory minimum sentence established by this subdivision. The motion must be accompanied by a statement on the record of the reasons for it, When presented with the motion, or on its own motion, the court may sentence the person without regard to the mandatory minimum sentence if the court finds substantial and compelling reasons to do so. Sentencing a person in the manner described in this paragraph is a departure from the Sentencing Guidelines, (e) A person convicted and sentenced as required by this subdivision is not eligible for probation, parole, discharge, work release, conditional release, or supervised release, until that person has served the full term of imprisonment as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135.. Subd. 5a- Ten-year conditional release for violations committed by level iii offenders. Notwithstanding the statutory maximum sentence otherwise applicable to the offense or any provision of the sentencing guidelines, when a court commits a person to the custody of the commissioner of corrections for violating subdivision 5 and, at the time of the violation, the person was assigned to risk level III under section 244.052, the court shall provide that after the person has completed the sentence imposed, the commissioner shall place the person on conditional release for ten years. The terms of conditional release are governed by section 609.345 subdivision B. Subd, 6. Registration period. (a) Notwithstanding the provisions of section 609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person required to register under this section shall continue to comply with this section until ten years have elapsed since the person initially registered in connection with the offense, or until the probation, supervised release, or conditional release period expires, whichever occurs later., For a person required to register under this section who is committed under section 2538.18 or 2538.185, the ten-year registration period does not include the period of commitment, (b) If a person required to register under this section Page 10 of 14 htV://www,Tevisor.leg.state.nin.us/stats/243/166.htrnl 3/10/2006 Minnesota Statutes 20 24" 3 ), 166 Z fails to provide the person's primary address as required by subdivision 3, paragraph (b), fails to comply with the requirements of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to return the verification form referenced in subdivision 4 within ten days, the commissioner of public safety may require the person to continue to register for an additional period of five years. This five-year period is added to the end of the offender's registration period. (c) If a person required to register under this section is subsequently incarcerated following a conviction for a new offense or following a revocation of probation, supervised release, or conditional release for any offense, the person shall continue to register until ten years have elapsed since the person was last released from incarceration or until the person's probation, supervised release, or conditional release period expires, whichever occurs later. (d) A person shall continue to comply with this section for the life of that person: (1) if the person is convicted of or adjudicated delinquent for any offense for which registration is required under subdivision lb, or any offense from another state or any federal offense similar to the offenses described in subdivision lb, and the person has a prior conviction or adjudication for an offense for which registration was or would have been required under subdivision lb, or an offense from another state or a federal offense similar to an offense described in subdivision lb; (2) if the person is required to register based upon a conviction or delinquency adjudication for an offense under section 609.185, clause (2), or a similar statute from another state or the United States; (3) if the person is required to register based upon a conviction for an offense under section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g); or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the United States similar to the offenses described in this clause; or (4) if the person is required to register under subdivision lb, paragraph (Q), following commitment pursuant to a court commitment under section 2533.185 or a similar law of another state or the United States, Subd. 7. Use of data- Except as otherwise provided in subdivision 7a or sections 244.052 and 2990.093, the data provided under this section is private data on individuals under section 13.02, subdivision 12. The data may be used only for law enforcement and corrections purposes. State-operated services, as defined in section 246.014, are also authorized to have access to the data for the purposes described in section 246.13, subdivision 2, paragraph (b). Subd. 7a. Availability of information on offenders who Pacy e I I of 14 http://www.revisor,leg.state,,nm.usistats/243/166.html 3/10/2006 Minnesota Statutes 2005, 243 .. 166 are out of compliance with registration law, (a) The bureau may make information available to the public about offenders who are 16 years of age or older and who are out of compliance with this section for 30 days or longer for failure to provide the offenders' primary or secondary addresses,. This information may be made available to the public through electronic, computerized, or other accessible means. The amount and type of information made available is limited to the information necessary for the public to assist law enforcement in locating the offender., (b) An offender who comes into compliance with this section after the bureau discloses information about the offender to the public may send a written request to the bureau requesting the bureau to treat information about the offender as private data, consistent with subdivision 7. The bureau shall review the request and promptly take reasonable action to treat the data as private, if the offender has complied with the requirement that the offender provide the offender's primary and secondary addresses, or promptly notify the offender that the information will continue to be treated as public information and the reasons for the bureau's decision. (c) If an offender believes the information made public about the offender is inaccurate or incomplete, the offender may challenge the data under section 13.04, subdivision 4,, (d) The bureau is immune from any civil or criminal liability that might otherwise arise, based on the accuracy or completeness of any information made public under this subdivision, if the bureau acts in good faith. Subd. 8, Repealed, 2005 c 136 art 3 s 31 Subd. 9. offenders from other states. (a) When the state accepts an offender from another state under a reciprocal agreement under the interstate compact authorized by section 243.16, the interstate compact authorized by section 243.1605, or under any authorized interstate agreement, the acceptance is conditional on the offender agreeing to register under this section when the offender is living in Minnesota., (b) The Bureau of Criminal Apprehension shall notify the commissioner of corrections: (1) when the bureau receives notice from a local law enforcement authority that a person from another state who is subject to this section has registered with the authority, unless the bureau previously received information about the offender from the commissioner of corrections; (2) when a registration authority, corrections agent, or law enforcement agency in another state notifies the bureau that a person from another state who is subject to this section is moving to Minnesota; and (3) when the bureau learns that a person from another state is in Minnesota and allegedly in violation of subdivision 5 for failure to register. Page 12 of 14 htip://www.revisot•,lec,.,state.mn.us/stats/243/166,1 3/10/2006 Z:) Minnesota Statutes 2005, 241166 Page 13 of 14 (c) When a local law enforcement agency notifies the bureau of an out-of-state offender's registration, the agency shall provide the bureau with information on whether the person is subject to community notification in another state and the risk level the person was assigned, if any. (d) The bureau must forward all information it receives regarding offenders covered under this subdivision from sources other than the commissioner of corrections to the commissioner. (e) When the bureau receives information directly from a registration authority, corrections agent, or law enforcement agency in another state that a person who may be subject to this section is moving to Minnesota, the bureau must ask whether the person entering the state is subject to community notification in another state and the risk level the person has been assigned, if any,, (f) When the bureau learns that a person subject to this section intends to move into Minnesota from another state or has moved into Minnesota from another state, the bureau shall notify the law enforcement authority with jurisdiction in the area of the person's primary address and provide all information concerning the person that is available to the bureau. (g) The commissioner of corrections must determine the parole, supervised release, or conditional release status of persons who are referred to the commissioner under this subdivision. If the commissioner determines that a person is subject to parole, supervised release, or conditional release in another state and is not registered in Minnesota under the applicable interstate compact, the commissioner shall inform the local law enforcement agency that the person is in violation of section 243.161. If the person is not subject to supervised release, the commissioner shall notify the bureau and the local law enforcement agency of the person's status. Subd.. 10. Repealed, 1Sp200l c 8 art 9 s 8 Subd. 10. Venue; aggregation. (a) A violation of this section may be prosecuted in any jurisdiction where an offense takes place, However, the prosecutorial agency in the jurisdiction where the person last registered a primary address is initially responsible to review the case for prosecution. (b) When a person commits two or more offenses in two or more counties, the accused may be prosecuted for all of the offenses in any county in which one of the offenses was committed. Subd. 11, Certified copies as evidence., Certified copies of predatory offender registration records are admissible as substantive evidence when necessary to prove the commission of a violation of this section. HIST: 1991 c 285 s 3; 1993 c 326 art 10 s 1-7; 1994 c 636 art 4 s 5-8; ISpI994 c 1 art 3 s 1,2; 1995 c 226 art 4 s 3; 1996 c 408 art 5 s 2,3; 1.997 c 239 art 5 s 1-3; 1.598 c 367 art 3 s 1-3; art 6 s 15; 1999 c 127 s 1; 1999 c 139 art 4 s 2; 1999 c 233 s 1-3; 2000 c 260 s 28; 2000 c 311 art 2 s 1-10; lSD2001 c 8 art 9 http://www.revisor.leg.state.nin.us/stats/243/166-litml 3/10/2006 Minnesota Statutes 2005, 243,166 s 1-4; 2002 c 222 s 1; 2003 c 116 s 2; ISp2003 c 2 art 8 s 4,5; 2005 c 136 art 3 s 8; art 5 s 1; lSp2005 c 4 art I s 2,3 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page 14 of 14 http://wwwxevisor.leg.state.mn.us/stats/243/166.html 3/10/2006 Minnesota Statutes 2005, 243 . 167 Minnesota Statutes 2005. Table of C hap ters 11 ---- 11-1-1-- —.-P- Table of contents for ChaD—ter 243 243.167 Registration under the predatory offender registration law for other offenses. Subdivision 1. Definition., As used in this section, "crime against the person" means a violation of any of the following or a similar law of another state or of the United States: section 609.165; 609,185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609-924, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617,23, subdivision 2; or any felony-level violation of section 609.229; 609,377; 609, or 624 .713r Subd., 2, When required. (a) In addition to the requirements of section 243.166, a person also shall register under section 243.166 if: (1) the person is convicted of a crime against the person; and (2) the person was previously convicted of or adjudicated delinquent for an offense listed in section 243.166 but was not required to register for the offense because the registration requirements of that section did not apply to the person at the time the offense was committed or at the time the person was released from imprisonment. (b) A person who was previously required to register in any state and who has completed the registration requirements of that state shall again register under section 243.166 if the person commits a crime against the person, HIST: 2000 c 311 art 2 s 11; ISp2001 c 8 art 9 s 5; 2005 c 136 art 3 s 9 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page I of I http://www.i�evisoi, le ,state.mn.us/stats/243/167.htmI 3/10/2006 Agenda Item KA MEMORANDUM TO: City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Nonconforming Use Ordinance Amendment (Second Reading) DATE: March 20, 2006 INTRODUCTION On May 29, 2004, Governor Tim Pawlenty approved amendments to the state's nonconforming statute. The amendment authorizes further restriction toward repairing and replacing nonconforming uses. The amended statute takes precedence over the city's current nonconforming ordinance. To be consistent with the standards in the state statute, staff is proposing an amendment to the city's nonconforming use ordinance. DISCUSSION The city's zoning code, Article I, Section 44 -12 (c) states that a "nonconforming use that is wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption." (Refer to Attachment 1.) However, Minnesota Statutes, Section 462.357, subdivision 1(e) states that any nonconforming use may continue after destruction unless more than 50% of the market value was destroyed and no building permit has been applied for within 180 days from the date of the destruction. (Refer to Attachment 2.) Changing the city's nonconforming use ordinance to disallow a nonconforming use if 50% of the market value has been lost and to mandate owners of nonconforming uses to apply for a building permit within 180 days will be consistent with state statute. PLANNING COMMISSION ACTION On February 6, 2006, the planning commission recommended approval of the proposed nonconforming use code amendment. CITY COUNCIL ACTION — FIRST READING On February 27, 2006, the city council approved the first reading of the proposed nonconforming use ordinance amendment. The city council directed staff to review changes to the ordinance including: 1) defining market value; and 2) adding courtesy language to notify property owners of their rights. CITY ATTORNEY REVIEW City staff requested that the city attorney's office review the city council's above- mentioned requests as well as all portions of the city's ordinances which pertain to nonconforming uses to ensure our ordinances meets state statute. Trevor Oliver of Kelly & Fawcett, P.A., submitted the attached legal opinion on this matter (Attachment 3). Market Value Mr. Oliver recommends that the city define market value by using the taxable market value as determined by the Ramsey County Assessor. He states that the assessor is the only source that assigns value to properties and structures regardless of whether they are up for sale or not. Ramsey County's definition of market value is the value the assessor estimates a property (land and building) would likely sell for under competitive open- market conditions. Mr. Oliver states that the city should avoid a system which tries to assign a market value to the property after damage occurs. With this legal opinion city staff recommends the following definition of market value: The taxable market value as determined by the Ramsey County Assessor's office. Courtesy Language The city council requested that language be included in the ordinance which states that the city should submit written documentation to a nonconforming property owner once their property has been destroyed of the requirement to apply for a building permit within 180 days, or they will lose their nonconforming status. Mr. Oliver does not recommend adding language which states that the city "should" do something. This practice will lead to disputes with citizens, as the language does not require the city to do anything, but makes citizens expect that something will be done. With this legal opinion city staff recommends no additional language be added regarding notice. Review of Existing Nonconforming Use Ordinances There are three areas in the city's ordinances which pertain to nonconforming uses including the zoning code, adult uses, and floodplain. After the first reading of the nonconforming use ordinance amendment, city staff requested that the city attorney's office compare our nonconforming use ordinances to state statutes to ensure we are in compliance. Mr. Oliver has the following recommendations for these areas of the ordinance. Zoning Code (Sections 44 -3, 44 -6, and 44 -12): In the first reading of the ordinance amendment (Section 44- 12(c)), city staff recommended revising the existing nonconforming use language slightly to reflect the state statute requirements. Mr. Oliver states that the new language proposed actually conflicts with the state statute because it would discontinue all damaged nonconforming uses if no application for permit is made within 180 days. The statute only discontinues uses if damage exceeds 50 percent of market value. Mr. Oliver recommends changing the language to ensure it is written exactly as found in the state statute as follows (changes to the original language are underlined if added and cross -out if deleted): If a A nonconforming building, structure or use is destroyed by fire or other peril to the extent of greater main be nnnfir UGGI iRG161 ling thF96igh repair , FeplaGeMeRt restoration , maiRteRaRGe 0 nr than fifty (50) percent of its market value and no is destroyed and provided that ° building permit has been applied for within one- hundred and eighty (180) days from the date the building, structure or use was damaged subsequent use of such building or land shall be in conformity with this chapter. The I ity may impose reasonable conditions upon a building permit sought in order to maintain a damaged nonconforming building, structure, or use in order to mitigate any newly created impact upon G44 ag adjacent property. 2 Mr. Oliver states that all other portions of the nonconforming use ordinances found in the zoning code comply with state statute. Adult Uses (Section 14 -122): Mr. Oliver states that all portions of the adult use ordinance pertaining to nonconforming uses comply with state statute. Floodplain (44 -1206 and 44 -1248) Mr. Oliver states that this section of the ordinance requires more study. The Legislature amended the nonconforming use statute in 2005 to include mandates that cities "regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway." After further review by city staff and the city attorney's office, this portion of the ordinance may be brought before the city council in the future for an amendment. At this time, no changes are being recommended. U:* f ` 9 Approve the proposed ordinance amendment attached. This code amendment changes the zoning definitions and nonconforming use ordinance (Section 44 -6 and 44 -12) to make them consistent with Minnesota Statute, Section 462.357, subdivision 1(e). P:ordlnon conform ing uselnonconforming use amendment (second reading) Attachments: 1. Maplewood's Nonconforming Use Ordinance 2. Minnesota Statutes, section 462.357 3. City Attorney's Memorandum Dated 3116146 4. Proposed Ordinance Amendment 3 JOBNAME: No Job Name PAGE: 624 SESS: 2 OUTPUT: Tue Apr 8 12:31:10 2003 /first/pubdocs/mcc/3/11217—full Attachment 1 § 44-11 MAPLEWOOD CODE (3) Whenever an OL district is established, any subsequent application to change the district with which the OL district is combined shall not be construed to be an application to eliminate the OL district for the area covered by the application, unless such intent is expressly stated in the application. (4) Establishment of and any subsequent modification of the boundaries of any OL district shall be by ordinance amending the zoning map of the city. Such amendment shall comply with the requirements of article VII of this chapter. (e) District regulations. In any OL district parcel criteria, property development and use regulations may be established in accordance with the objectives identified in the district's individual purpose and intent. Such regulations shall be structured to implement the purpose and intent of the individual district and shall be applied uniformly to all properties within the district. (Code 1982, §§ 36-14-36-16) See. 44-12. Nonconforming buildings or uses. (a) Any lawful use of a building or land existing at the effective date of any section of this chapter may be continued although such use does not conform to such section of this chapter. (b) The substitution of one nonconforming use for another nonconforming use may be permitted by the city council by conditional use permit, as provided in article V of this chapter, provided that such nonconforming use is determined by the city council to be of the same or more restrictive nature as the original nonconforming use. Whenever a nonconforming use of a building or land has been changed to a use of a more restrictive classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. (c) A nonconforming building wholly or partially destroyed by fire, explosion, flood or other phenomenon or legally condemned may be reconstructed and used for the same nonconforming use, provided that building reconstruction shall be commenced within one year from the date the building was destroyed or condemned and shall be carried on without interruption. (d) If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one year or more, subsequent use of such building or land shall be in conformity with this chapter. (e) No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: (1) Required by law or government order; or (2) There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel as zoned. CD44:22 Minnesota Statutes 2005, 462.357 Page I of 6 Page 2 Minnesota Statutes 2005. Table of Chapters Table of contents for Chapter 462 462.357 Official controls: zoning ordinance. Subdivision 1. Authority for zoning. For the purpose of promoting the public health, safety, morals, and general welfare, a municipality may by ordinance regulate on the earth's surface, in the air space above the surface, and in subsurface areas, the location, height, width, bulk, type of foundation, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, the density and distribution of population, the uses of buildings and structures for trade, industry, residence, recreation, public activities, or other purposes, and the uses of land for trade, industry, residence, recreation, agriculture, forestry, soil conservation, water supply conservation, conservation of shorelands, as defined in sections 103F.201 to 103F.221, access to direct sunlight for solar energy systems as defined in section 2160.06, flood control or other purposes, and may establish standards and procedures regulating such uses. To accomplish these purposes, official controls may include provision for purchase of development rights by the governing body in the - form of conservation easements under chapter 84C in areas where the governing body considers preservation desirable and the transfer of development rights from those areas to areas the governing body considers more appropriate for development. No regulation may prohibit earth sheltered construction as defined in section 216C.06, subdivision 14, relocated residential buildings, or manufactured homes built in conformance with sections 327.31 to 327.35 that comply with all other zoning ordinances promulgated pursuant to this section. The regulations may divide the surface, above surface, and subsurface areas of the municipality into districts or zones of suitable numbers, shape, and area. The regulations shall be uniform for each class or kind of buildings, structures, or land and for each class or kind of use throughout such district, but the regulations in one district may differ from those in other districts. The ordinance embodying these regulations shall be known as the zoning ordinance and shall consist of text and maps. A city may by ordinance extend the application of its zoning regulations to unincorporated territory located within two miles of its limits in any direction, but not in a county or town which has adopted zoning regulations; provided that where two or more noncontiguous municipalities have boundaries less than four miles apart, each is authorized to control the zoning of land on its side of a line equidistant between the two noncontiguous municipalities unless a town or county in the affected area has adopted zoning regulations. any city may thereafter enforce such regulations in the area to the same extent as if such property were situated within its corporate limits, until the county or town board adopts a comprehensive zoning regulation which includes the area. Subd. !a. Certain zoning ordinances. A municipality must not enact, amend, or enforce a zoning ordinance that has the effect of altering the existing density, lot-size http://ww 1/17/2006 Minnesota Statutes 2005, 462.357 requirements, or manufactured home setback requirements in any manufactured home mark constructed before January 1, 1995, if the manufactured home park, when constructed, complied with the then existing density, lot-size and setback requirements. Subd. lb. Conditional uses. A manufactured home park, as defined in section 327.14 ., subdivision 3, is a conditional use in a zoning district that allows the construction or placement of a building used or intended to be used by two or more families. Subd. 1c. Amortization prohibited. Except as otherwise provided in this subdivision, a municipality must not enact, amend, or enforce an ordinance providing for the elimination or termination of a use by amortization which use was lawful at the time of its inception. This subdivision does not apply to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. Subd. ld. Nuisance. Subdivision lc does not prohibit a municipality from enforcing an ordinance providing for the prevention or abatement of nuisances, as defined in section 561,01, or eliminating a use determined to be a public nuisance, as defined in section 617.81, subdivision 2, paragraph (a), clauses (1) to (9), without payment of compensation. Subd. le. Nonconformities. (a) Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: (1) the nonconformity or occupancy is discontinued for a period of more than one year; or (2) any nonconforming use is destroyed by fire or other peril to the extent of greater than 50 percent of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a building permit in order to mitigate any newly created impact on adjacent property. (b) Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subdivision does not prohibit a municipality from enforcing an ordinance that applies to adults-only bookstores, adults-only theaters, or similar adults-only businesses, as defined by ordinance. (c) Notwithstanding paragraph (a), a municipality shall regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood -flows in the floodway. Page 2 of 6 http://www.revisor.leg.state.mn.us/stats/462/357.html 1/17/2006 Minnesota Statutes 2005, 462.357 Subd. lf. Substandard structures. Notwithstanding subdivision le, Minnesota Rules, parts 6105.0351 to 6105.0550, may allow for the continuation and improvement of substandard structures, as defined in Minnesota Rules, part 6105.0354, subpart 30, in the Lower Saint Croix National Scenic Riverway. Subd. lg. Feedlot zoning controls. (a) A municipality proposing to adopt a new feedlot zoning control or to amend an existing feedlot zoning control must notify the Pollution Control Agency and commissioner of agriculture at the beginning of the process, no later than the date notice is given of the first hearing proposing to adopt or amend a zoning control purporting to address feedlots. (b) Prior to final approval of a feedlot zoning control, the governing body of a municipality may submit a copy of the proposed zoning control to the Pollution Control Agency and to the commissioner of agriculture and request review, comment, and recommendations on the environmental and agricultural effects from specific provisions in the ordinance. (c) The agencies' response to the municipality may include; and (1) any recommendations for improvements in the ordinance; (2) the legal, social, economic, or scientific justification for each recommendation under clause (1). (d) At the request of the municipality's governing body, the municipality must prepare a report on the economic effects from specific provisions in the ordinance. Economic analysis must state whether the ordinance will affect the local economy and describe the kinds of businesses affected and the projected impact the proposal will have on those businesses. To assist the municipality, the commissioner of agriculture, in cooperation with the Department of Employment and Economic Development, must develop a template for measuring local economic effects and make it available to the municipality. The report must be submitted to the commissioners of employment and economic development and agriculture along with the proposed ordinance. (e) A local ordinance that contains a setback for new feedlots from existing residences must also provide for a new residence setback from existing -feedlots located in areas zoned agricultural at the same distances and conditions specified in the setback for new feedlots, unless the new residence is built to replace an existing residence. A municipality may grant a variance from this requirement under section 462.358,, subdivision 6. Subd. 2. General requirements. (a) At any time after the adoption of a land use plan for the municipality, the planning agency, for the purpose of carrying out the policies and goals of the land use plan, may prepare a proposed zoning ordinance and submit it to the governing body with its recommendations for adoption. Pa 3 of 6 http://w 1/17/2006 Minnesota Statutes 2005, 462.357 (b) Subject to the requirements of subdivisions 3, 4, and 5, the governing body may adopt and amend a zoning ordinance by a majority vote of all its members. The adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial requires a two-thirds majority vote of all members of the governing body. (c) The land use plan must provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the land use plan. Subd. 3. Public hearings. No zoning ordinance or amendment thereto shall he adopted until a public hearing has been held thereon by the planning agency or by the governing body. A notice of the time, place and purpose of the hearing shall be published in the official newspaper of the municipality at least ten days prior to the day of the hearing. When an amendment involves changes in district boundaries affecting an area of five acres or less, a similar notice shall be mailed at least ten days before the day of the hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing the notice may use any appropriate records to determine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings. The failure to give mailed notice to individual property owners, or defects in the notice shall not invalidate the proceedings, provided a bona fide attempt to comply with this subdivision has been made. Subd. 4. Amendments. An amendment to a zoning ordinance may be initiated by the governing body, the planning agency, or by petition of affected property owners as defined in the zoning ordinance. An amendment not initiated by the planning agency shall be referred to the planning agency, if there is one, for study and report and may not be acted upon by the governing body until it has received the recommendation of the planning agency on the proposed amendment or until 60 days have elapsed from the date of reference of the amendment without a report by the planning agency. Subd. 5. Amendment; certain cities of the first class. The provisions of this subdivision apply to the adoption or amendment of any portion of a zoning ordinance which changes all or part of the existing classification of a zoning district from residential to either commercial or industrial of a property located in a city of the first class, except a city of the first class in which a different process is provided through the operation of the city's home rule charter. In a city to which this subdivision applies, amendments to a zoning ordinance shall be made in conformance with this section but only after there shall have been filed in the office of the city clerk a written consent of the owners of two-thirds of the several descriptions of real estate situate with 100 feet of the total contiguous descriptions of real estate held by the same owner or any party purchasing any such contiguous property within one year Page 4 of 6 http:// 1/17/2006 Minnesota Statutes 2005.462 357 preceding the request, and after the affirmative vote in favor thereof by a majority of the members of the governing body of any such city. The governing body of such city may, by a two-thirds vote of its members, after hearing, adopt a new zoning ordinance without such written consent whenever the planning commission or planning board of such city shall have made a survey of the whole area of the city or of an area of not less than 40 acres, within which the new ordinance or the amendments or alterations of the existing ordinance would take effect when adopted, and shall have considered whether the number of descriptions of real estate affected by such changes and alterations renders the obtaining of such written consent impractical, and such planning commission or planning board shall report in writing as to whether in its opinion the proposals of the governing body in any case are reasonably related to the overall needs of the community, to existing land use, or to a plan for future land use, and shall have conducted a public hearing on such proposed ordinance, changes or alterations, of which hearing published notice shall have been given in a daily newspaper of general circulation at least once each week for three successive weeks prior to such hearing, which notice shall state the time, place and purpose of such hearing, and shall have reported to the governing body of the city its findings and recommendations in writing. Subd. 6. Appeals and adjustments. Appeals to the board of appeals and adjustments may be taken by any affected person upon compliance with any reasonable conditions imposed by the zoning ordinance. The board of appeals and adjustments has the following powers with respect to the zoning ordinance: (1) To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of the zoning ordinance. (2) To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in section 2_D C.06, subdivision 14, when in harmony with the ordinance. The board of appeals and adjustments or the governing body as the case may be, may not permit as a variance any use that is not permitted under the ordinance for property in the zone where the affected person's land is located. The board or governing body as the case may be, may permit as a variance the temporary Page 5 of 6 http://www.revisor.le 1/17/2006 Minnesota Statutes 2005, 462. )57 use of a one family dwelling as a two family dwelling. The board or governing body as the case may be may impose conditions in the granting of variances to insure compliance and to protect adjacent properties. Subd. 6a. Normal residential surroundings for handicapped. It is the policy of this state that handicapped persons and children should not be excluded by municipal zoning ordinances or other land use regulations from the benefits of normal residential surroundings. For purposes of subdivisions 6a through 9, "person" has the meaning given in section 245A.02, subdivision 11. Subd. 7. Permitted single family - use. A state licensed residential facility or a housing with services establishment registered under chapter 144D serving six or fewer persons, a licensed day care facility serving 12 or fewer persons, and a group family day care facility licensed under Minnesota Rules, parts 9502.0315 to 9502.0445 to serve 14 or fewer children shall be considered a permitted single family residential use of property for the purposes of zoning, except that a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. Subd. B. Permitted multifamily use. Except as otherwise provided in subdivision 7 or in any town, municipal or county zoning regulation as authorized by this subdivision, a state licensed residential facility serving from 7 through 16 persons or a licensed day care facility serving from 13 through 16 persons shall be considered a permitted multifamily residential use of property for purposes of zoning. A township, municipal or county zoning authority may require a conditional use or special use permit in order to assure proper maintenance and operation of a facility, provided that no conditions shall be imposed on the facility which are more restrictive than those imposed on other conditional uses or special uses of residential property in the same zones, unless the additional conditions are necessary to protect the health and safety of the residents of the residential -facility. Nothing herein shall be construed to exclude or prohibit residential or day care facilities from single family zones if otherwise permitted by a local zoning regulation. HIST: 1965 c 670 s 7; 1969 c 259 s 1; 1973 c 123 art 5 s 7; 1973 c 379 s 4; 1973 c 539 s 1; 1973 c 559 s 1,2; 1975 c 60 s 2; 1978 c 786 s 14,15; Ex1979 c 2 s 42,43; 1981 c 356 s 248; 1.982 c 490 s 2; 1982 c 507 s 22; 1984 c 617 s 6-6; 1985 c 62 s 3; 1.985 c 194 s 23; 1986 c 444; 1.987 c 333 s 22; 1989 c 82 s 2; 1990 c 391 art 8 s 47; 1990 c 566 art 2 s 66,67; 1994 c 473 a 3; 1995 c 224 s 95; 1997 c 113 s 20; 1997 c 200 art 4 s 5; 1997 c 202 art 4 s 11; 1997 c 216 s 138; 1999 c 96 s 3,4; 1999 c 211 s 1; 2001 c 174 s 1; 2001 c 207 s 13,14; 2002 c 366 s 6; 2004 c 258 s 2; lSp2005 c 1 art I s 92; art 2 s 146 Copyright 2005 by the Office of Revisor of Statutes, State of Minnesota. Page 6 of 6 1 http://www.revisor.lety. state. rn n.us/stats/462/ )57.html 1/17/2006 0 Attachment 3 DATE: 312212006 TO: Shann Finwall Cc: Pat Kelly FROM: Trevor Oliver RE: Amendments to Zoning Code After the February 27 Council meeting, you faxed us several questions to answer prior to the second reading of a proposed amendment to the City Zoning Code. You asked for: 1) A suggested definition of "market value"; 2) An opinion on adding "courtesy" language as requested by the Council; and 3) A review of all sections on the Code referring to non - conformities in light of changes to Minn. Stat. § 462.357 (1)(e). 1. Market value We recommend using the taxable market value as determined by the Ramsey County Assessor. "Market value" in itself means "the price property would command in the open market." (Black's Law Dictionary, 6` Ed.) This is not a good definition to use in the City Code, however, and reference to an outside source is the best way to avoid long disputes over the value of a property. The Assessor is the only source that I am aware of that assigns value to properties and structures regardless of whether they are up for sale or not. Other outside sources may be considered if they have similarly comprehensive coverage. What the City should avoid at all costs is a system which tries to assign a market value to the property after damage occurs. 2. "Courtesy" lan"age We do not recommend adding any language to our ordinances which state that the City "should" do something. This practice will only lead to disputes with citizens, as the language does not require the City to do anything, but makes citizens expect that something will be done. In addition, this specific proposal would make it seem that the 180 day period would not start until the City sent out its notice, when this is clearly not the case. If the City does not send a notice, there is no code violation, and the 180 days still begins on the date of the damage. I can't imagine that anyone would like explaining that to a property owner who can point to a City Code section, or even a City policy, which says that the City "should" send a notice. Legally, the language can go in, as nothing in state statute prohibits it. As a practical matter, however, City Code provisions deal with rights and obligations, not courtesies. If the Council does not want to obligate the City to send notice, then it should make no mention of notice, because anything in the Code, however worded, is going to be seen as an obligation. P: \ORD \Nonconforming Use\Attorney Opinion.doc 3/22/2006 10:09 AM Page I of 3 3. Review of existing non - conforming use codes 44 -3: This section defines how the Code applies to any non - conforming uses at the time the Code is adopted. It complies with current law, and is necessary in the event of a complete overhaul of the Zoning Code or comprehensive plan. 44 -6: The definition conforms with State law. 44 -12: This section is primarily affected by § 462.357. Our thoughts: (b) — You raised a question about whether this part of the ordinance conflicts with 462.357. 1 can see your concern, in that the statute clearly says that "any subsequent use or occupancy ... shall be a conforming use or occupancy." However, this provision really just states the reality that the Council may grant a conditional use permit for any property, whether a nonconforming use previously existed or not. Also consider that, by definition, any "substituted" use is not a true nonconforming use, as it did not exist at the time the Zoning Code was adopted. Uses under conditional use permits are conforming uses, as they are exempted from the definition of "nonconforming use" in 44 -6. It appears that the real utility of 44 -12(b) is to prevent the previous nonconforming use from being used as an excuse to allow broader development beyond a CUP. (c) — After a fourth look at the proposed amendment, I have finally figured out what bothered me about it. As it's currently written, it conflicts with the State statute; the proposed amendment would discontinue all damaged nonconforming uses if no application for permit is made within 180 days. M.S. 462.357 only discontinues uses if damage exceeds 50% of market value. The confusion stems from creating one sentence out of two separate pieces of the enabling statute. I would propose taking the same language of the proposed amendment, and presenting it this way: Revise 44 -12 (a): Any lawful use ... may be continued including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, although such use does not conform to such section of this chapter. Delete existing 44- 12(c), replace with new section: If a nonconforming building, structure or use is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value and no building permit has been applied for within one hundred and eighty (180) days from the date the building, structure, or use was damaged, subsequent use of such building or land shall be in conformity with this chapter. The City Day iMpose reasonable conditions upon a building permit sought in order to maintain a damaged nonconforming building, structure, or use in order to mitigate any newly created impact upon adjacent property P: \ORD \Nonconforming Use\Attorney Opinion.doc 3/22/2006 10:09 AM Page 2 of 3 I changed the new (c) slightly to make it read more like 44 -12 (d), the other part of the section which discontinues nonconforming uses. Otherwise, presenting the new language in this fashion is identical to the way it appears in the statute, and clears up the conflict noted above. The rest of 44 -12 conforms to current statute. 14 -122: This section conforms to state statute. 44 -1206: This section of the ordinance requires more study. The Legislature amended 462.357 in the 2005 special session to include a mandate that cities: "regulate the repair, replacement, maintenance, improvement, or expansion of nonconforming uses and structures in floodplain areas to the extent necessary to maintain eligibility in the National Flood Insurance Program and not increase flood damage potential or increase the degree of obstruction to flood flows in the floodway." Laws sp. 2005, Ch 1, Art 2, Sec. 146. I am not familiar enough with the NFIP eligibility standards or any other part of the mandate to give an opinion right now of whether our current ordinance complies with state statute. I am interested in your analysis of this new section. I'm guessing that an amendment is going to be necessary to require more permits and City review of activities on floodplain buildings, but I will have to look at this question in more depth before offering a final opinion. 44 -1248: This part of the shoreland zoning controls is not affected by changes to § 462.357, but is in compliance with § 103F.221 and Minn. R. 6120.3300 subp. 3(J), which govern nonconforming decks on shoreland. P: \ORD \Nonconforming Use\Attorney Opinion.doc 3/22/2006 10:09 AM Page 3 of 3 Attachment 4 �O ' 4 • 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 44 -6 (Zoning Code Definitions) (additions are underlined and deletions are stricken): Market Value is the taxable market value as determined by the Ramsey County Assessor's office. Section 2. This amendment revises Section 44 -12(c) (Nonconforming Buildings or Uses) (additions are underlined and deletions are stricken): fl nnnnnnfnrminn building wholly or partially destroyed his fire flood or other o r 0 from the date the huilrlinn inias rJestrnire rJ OF nnnrlam nerl Q nd shall b A narrier7 Q A Withnit intern iptinn lT'1'C'G'ITGf'�Tfv1T If a nonconforming building, structure or use is destroyed by fire or other peril to the extent of greater than fifty (50) percent of its market value and no building permit has been applied for within one hundred and eighty (180) days from the date the building, structure, or use was damaged, subsequent use of such building or land shall be in conformity with this chapter. The city may impose reasonable conditions upon a building permit sought in order to maintain a damaged nonconforming building, structure, or use in order to mitigate any newly created impact upon adiacent Drooertv. Section 3. This ordinance shall take effect after the city publishes it in the official newspaper The City Council approved this ordinance on March 27, 2006. Mayor Attest: City Clerk Agenda Item L1 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 20, 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 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. 2 In response to comments the CDRB made at their March 1, 2006 meeting, Menards revised the project plans for the garden center. 1 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. Police Department Comments Lt. Michael Shortreed of the Maplewood Police Department reviewed this proposal and offered several comments. I have included his memo and comments in Attachment 9. 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'/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. if th proposed Fetail spag Rddotipp h;; 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. 4 As a condition of approval of this request, Menards shall provide adequate directional signage in the parking lot and have employees or others provide traffic control and direction assistance in the parking lot on all busy shopping days. 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 5 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. 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 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. Criteria for Conditional Use Permit Approval Section 44- 1097(a) states that the city council may approve a CUP, based on nine standards. (See 7 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, unless the applicant agree to a time extension. In this case, the city would have normally been required to act on these requests by March 16, 2006. Menards, however, because of the severe snowstorm on March 13, 2006, requested the city table action on their requests until March 27, 2006. p:sec9 \menards 1999 to 2006 Attachments: 1. Applicant's Project Narrative 2. Location Map 3. Property Line / 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; ELKS 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 1. 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 27, 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. 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 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 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 , 2006. 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. W 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): Em 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. 31 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. 32 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 33 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. 34 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. 35 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. 36 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.�,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. 38 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. m Agenda Item L2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: 1/1 Reduction Program @ 3M — City Project 06 -02 — Initiate Project and Authorize Project Funding DATE: March 20, 2006 INTRODUCTION The Capital Improvement Plan for the Sanitary Sewer system calls for an expenditure of $100,000 annually in a program to reduce the amount of excess flow within the sanitary sewer system. Excess flows have been identified at the 3M Campus. Authorization to proceed with a project using one of the City's engineering consultants is recommended. Background The Metropolitan Council Environmental Services (MCES) provides trunk sewage conveyance and treatment services for the City's sanitary sewer system. The Council has adopted a program to add a surcharge to communities that have areas with excess water in the sanitary sewer system. This excess water, which enters the system during rain events from sump pumps or leaking connections, overloads the treatment systems and is called infiltration and inflow (1 /1). MCES has identified the 3M area of Maplewood as having excessive flows. The attached meter records show flows from three meters, all in the area south of Minnehaha and north of Upper Afton Road. The meters are owned and maintain by MCES. They show the flow during storm events for Meter 005 for August 8, August 26, September 3, September 6, October 4 and October 5 that exceeded the normal allocation of three times the normal weather flow. Also attached are storm event flows for Meters 007 and 007A for October 4 -5, 2005 that also show the excessive flow. The MCES program provides for a surcharge beginning in 2007 that could approach a 25% increase in annual charges. For Maplewood, we paid MCES $2,225,740 for sewage treatment charges in 2005. A 25% surcharge could amount to over $550,000 based on the 2005 flow rates. The MCES program allows for credits and appeals on flows. One of the credits is for funds spent in identification and correction of 1/1 sources. The City spent $100,000 on a sump pump program in 2005 which will apply toward the credit. It is proposed that the City Council authorize an additional $100,000 towards a similar program in 2006. The 2006 program will differ from the 2005 program, which was also in the Battle Creek area, in that we will be concentrating on identifying 1/1 in and around the 3M Campus. The major problem meter (M005) is on McKnight Road, just south of 1 -94, and serves a large portion of the 3M facility. This has been identified previously as a source of excess water. The other two meters (M007 and M007A) have never exceeded the threshold flows, although the October 4 -5, 2005 storm event was exceptionally large within this area. The scope of work will include an investigation into these areas as well. The 2005 Program was administered through one of the City's engineering consultants, SEH Engineers, Inc. It is proposed to continue with SEH as part of the 2006 Program to maintain continuity with flow data and information. RECOMMENDATION It is recommended that the City Council authorize a transfer of $100,000 from the Sanitary Sewer Fund to a project fund and direct and authorize the Director of Public Works to negotiate a work scope with SEH Engineers, Inc. not to exceed $100,000 for investigation of Infiltration and Inflow in and around the 3M campus. Attachment: 1. Flow Charts (Color copies provided for City Council) 2. MCES Infiltration /Inflow Letter Agenda Item L2 05 a C) (D GOW C> co C) ...... ....... < to co %0 CD co CD C) ....... .. .............. co . . . .......... . .... -.7 u) 0 u) 0 ........ ...... . .... C) C:p CO Cj ... ............ . ........ .... ... CO OD - -- - - ------- -- - ----- 05 a C) (D GOW Agenda Item L us y< :2< U< 1�< lUi 0 �[} l«1 w- uj }c\ Q y a. j )�} Sj i«; /p / co cQ N to 00 G� t o \ cN q� ca _R ? CN .�ƒ om «: g ?\ ~ G Agenda Item L2 Agenda Item L2 NIM t x LO Ln rD CN T +. ,. i .......... € � `mow.... ........ ......n.. £ ko bra. r E Ln CD Lx to CD CD ! y Tt .� r4 cn p c y r4: s NIM Agenda Item L2 I z w 0 0 w CL < re 2 Z) 0 I M CD P- CN 0 An 00 ,00 M I I I M M 0 OaA Agenda Item L2 MM Agenda Item L2 T j Metropolitan Council Eiivit S(- agroved the imilementation of an 1/1 Sure The 1/1 Surcharge Program has two substantial changes that may be of interest that were added because of the feedback from the public comment process: 1) an exclusion for flow outside of a party's control, and 2) a potential deferral of H surcharges over 25% of municipal wastewater charges. To find out if your community is on the list already or for additional information on the surcharge program you may look on the Council website at http://www,metrocouncil.orp/enviromnent.htm. 923M Jason M. Willett MI'-ICE'S Finance Director �c -,� — -- ---- ------------------------- . ... . ...... . . .......... . . .. ................ .................. .. .... ... . . . .................. . ...... . ......... E—: 13� Agenda Item L3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Gladstone Redevelopment Initiative — City Project 04 -21 — Approve Resolution Calling Special Meeting for April 18, 2006 to Review Alternative DATE: March 20, 2006 INTRODUCTION The Gladstone process has been under extensive study and public debate for nearly 18 months. The City's planning consultant is preparing final documents for consideration by the City Council. Due to the large interest and expected timeframe necessary for this issue, it is proposed that the City Council call a special meeting and dedicate the entire agenda to the Gladstone Public Hearing. The consultant indicates that he will be ready for the presentation by mid - April. The calling of the hearing will allow staff to provide notice and publication of the hearing so that all property owners and interested parties will receive proper notice. The attached resolution calls that hearing for Tuesday evening, April 18, 2006. Adoption of the resolution is recommended. Background The background information on the Gladstone process is currently being finalized. The commissions and committees of the City and the Task Force are in the process of preparing their final recommendations. It is proposed that each of these groups be called to make the recommendation to the Council at the public hearing and that the Council receive public testimony. It is likely that a number of hours will be needed for the Council to receive all this information. The staff has been notifying over 400 people of each of the public meetings that have been held. We will provide a similar number of people notice if this hearing date is acceptable to the Council. Staff is not planning to conduct a survey or poll of property owners and residents. RECOMMENDATION It is recommended that the City Council adopt the attached resolution calling a special meeting of the Council and conduct a public hearing for April 18, 2006, at 7:00 pm on the Gladstone Redevelopment Initiative. Attachments: 1. Resolution Agenda Item L3 RESOLUTION CALLING FOR PUBLIC HEARING WHEREAS, the Maplewood City Council has authorized hiring of a consultant as a Master Planner to direct the preparation of a Master Plan for the Redevelopment of the Gladstone Area of Maplewood, and WHEREAS, the Maplewood City Council has authorized a second option of reduced density and expenditure to be explored and analyzed, and WHEREAS, the Council has previously authorized the preparation of an Alternative Urban Areawide Review to analyze the environmental impacts of the proposed redevelopment alternatives, an WHEREAS, said proposals require extensive public review and comment, and WHEREAS, the Council desires to hear all relative comment on the proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA 1 . The council will consider presentations from the Master Planning consultant and representatives from the various committees and commissions, along with the Gladstone Task Force who have reviewed both alternatives for redevelopment. 2. A public hearing shall be held on such proposed proposals on the 18th day of April 2006, in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required. Agenda Item L4 The following item, "Purchasing Authority Ordinance" was submitted by Mayor Longrie for council consideration. Attached to her agenda report is a memorandum to the city council from the city manager regarding the impact that the ordinance may have. MEMORANDUM 1'0: Richard FLa "its Manw- Diaria Lom)rie, m yor DATF" March '19,2006 Rl"' (I'itv Mana(ler PUrchasintr ALIthoritv Ordinance I -- - Meetim- Date March '27, 2006 Agenda Item: The ('itV CUrrontly has no ordiiiatice its place providing for the City Manager to be sLib' I - qect to a 1xit or mitractim limit diff'ercm from the limits set un(ler Minnesota State Law. The pCllillCot Minnesota Statutes lor a ('lass 11 0tv are as fi:)llo-,vs: 412.241 Council to control finances. The council shall have full aUthority over the financial alTairs ofthe city. and shall provide fisr the collectimi ofall revemies and other assets. the aUditiriaand settlement of accounts. and the sai'ekeeping and disbursement of public inotievs. HIS'l 1 949 c 119 s ", I - 197' c I -)' art 2 s I subd 2 412,691 Manager is purchasing agent; audit and approval. 14 IST 1 949 c I 1 s 85r 1959 c 526 s I - 1973) c, 121 art 2 s I S L 1 b CI 2' 199 c 3 8 0 s 3 ; 2 0 0 4 c 7'79' s 5 The proposed klaplewoo(l orcfir�ance takes advantage ofthe state slattitevdiich allows the cit comlcil to specil'y it lovcr limit than the 520,000 mamirium. * Roseville has enacted a limit, of $5000,00 Ior then City Manzwer 0 B ("ity) As 6or adclitiotial Ififiormatiom ( ' TFY OF MAPI.,,EWOOD ORDINANCE NO. A N` 0 R D I N A INTCE AMENDING SECTION 2 OF THE MAI>[,,FW(.)Ol) CITYCODE, ADDING A NEIW SE(I"rION 2 (j). T[ (I)FMAPLf"WOOD ORDAINS: SECTION 1. Section I of1he Maplewood City Code is amended by �IddiTIU thC fbi 10WiflU" AGENDA REPORT TO: City Council FROM: City Manager RE: PROPOSED CHANGE TO PURCHASING LIMITS DATE: March 22, 2006 The proposed change to purchasing limits would cause the following problems: "The city would incur late payment penalties on Xcel gas and electricity bills unless they were excluded from the $3,000 limit. Also, Council meeting agendas would be longer because there would be approximately 30 purchases over $3,000 per meeting that would require Council approval." Dan Faust Finance Director Bruce K. Anderson 107MM92 0=11 F I — a 1 • INNUM — Sherrie Le Human Resource Director "As for fire there are times that repairs are over $3,000. It will slow down the time it takes to get what we need and fix items. There will be more paper work. $5,000 would be a better limit because most of our items are under $5,000 on a day to day purchase." Steve Lukin Fire Chief P:\agn\PURCHASING LIMITS Agenda Item L5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Clerk DATE: March 21, 2006 RE: 2006 City Council Appointment Introduction At its first meeting of the year the City Council officially makes annual appointments to organizations of which the City is a member and to those who serve at the pleasure of the Council. Councilmember Bartol was appointed to the Joint Ice Arena Board, the Housing Redevelopment Authority and the Parks & Recreation Commission. With the election of councilmember Cave it is requested that the city council move to appoint her to the aforementioned as the council representative.