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Home My WebLink About2009 05-28 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Thursday, May 28, 2009 City Hall, Council Chambers Meeting No. 11 -09 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. 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. " Z191TIA a �. E. APPROVAL OF MINUTES 1. Approval of May 4, 2009, City Council Workshop Minutes. 2. Approval of May 11, 2009, Special City Council Minutes. 3. Approval of May 11, 2009, City Council Minutes. F. VISITOR PRESENTATIONS — PART 1 (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re- opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G -H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation — Part 11.) Six -Month Review of Stargate Dance Club H. COUNCIL PRESENTATIONS 1. N.E.S.T. Report — Councilmember Rossbach 2. Web Casting and Cable Commission Update — Councilmember Nephew 3. 1 -94 Corridor Meeting - Mayor Longrie 4. Commission Packets — Mayor Longrie 5. North St. Paul Newsletter — Mayor Longrie APPOINTMENTS AND PRESENTATIONS J. PUBLIC HEARINGS 1. Carsgrove Meadows Area Street Improvements, Project 08 -10 a. Assessment Hearing 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract K. UNFINISHED BUSINESS 1. 2009 Improvement Projects — Review of Assessment Interest Rates and Resolution Establishing Rate for 2009 Improvement Projects 2. Castle Avenue Improvements, Project 08 -12, Resolution Adopting Revised Assessment 3. 2030 Comprehensive Plan Update L. NEW BUSINESS 1. Conditional Use Permit Revision — Minnesota Waldorf School — 70 County Road B East 2. Legacy Park "Tot Lot" Improvements Resolution Approving Use of Existing Escrow Funds for Park Improvement 3. Consider Resolution Authorizing Preparation of Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (North St. Paul to McKnight and Stanich - Highlands Area Streets) 4. Energy Efficiency and Conservation Block Grant Program — Selection of Projects for Use of 2009 ARRA Funds 5. Consider Resolution Authorizing Pride of Maplewood Program by City Manager 6. Wood Smoke Task Force Report — Councilmember Rossbach 1. Approval of Claims 2. Desoto - Skillman Area Street Improvements, Project 06 -16, Resolution Directing Modification of Existing Construction Contract, Change Order 5 3. Resolution Accepting Donations to 2009 Landfall Cops & Kids Fishing Clinic 4. Conditional Use Permit Review — Commercial Equipment Parking and Storage — 65 Larpenteur Avenue East 5. Approve Resolution of Support for STP Application, Project 09 -08, English/TH 36 Interchange Improvements 6. Approval of 2008 Budget Adjustments for MCC 7. Resolution to Maintain the Statutory Tort Limits 8. Resolution Authorizing Purchase of Insurance Agent Services 9. Approval Of Purchase For Testing Services For: a. Castle Avenue Improvements (08 -12) b. Carsgrove Meadows Area Street Improvements (08 -10) C. County Road D Street Improvements (08 -20) 10. Stop Sign Requests Update — No Action Needed 11. Ramsey County Fair — Temporary Gambling Permit and Fee Waive 3.2% Beer 12. Ramsey County Fair — Miscellaneous Permits 13. Approval to Enter Into Joint Powers Agreement With State of Minnesota — Child Sexual Predator Program 14. Spring 2009 Clean -Up Event Summary 15. Resolution of Support For Environment and Natural Resources Trust Fund — Request for $1.5 Million Grant for Acquisition of Land Within Fish Creek Corridor 16. Consider Approval of Acceptance of Donations from Maplewood Unions to the City Memorial O. VISITOR PRESENTATION — PART 11 (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this 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. THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 4 of 189 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, May 4, 2009 Council Chambers, City Hall A. CALL TO ORDER Agenda Item E1 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:03 p.m. by Mayor Longrie. B. ROLL CALL A FBI Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Councilmember Nephew requested a d the CDRB members. Present Present at 6:05 p.m. Present Present Present garding the requirements and composition of Councilmember Nephew Seconded by Mayor Longrie. Ayes — All The motion passed. UNFINISHED BUSINESS 1. Community Design Review Board Application Interviews a. City Manager, James Antonen answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck AN answered questions of the council. C. City Attorney, Alan Kantrud answered questions of the council. 1. 5:15 P.M. Jason Lamers, 1884 Flandrau Street N. , Maplewood. 2. 5:30 p.m. Mitch Imbertson, 500 Farrell Street N., Maplewood. 3. 5:45 p.m. May Lee, 3060 Standridge Place, Maplewood. 4. A discussion was held regarding the requirement of composition of the CDRB members. The city council will announce at the May 11, 2009, the two newly selected board members to serve on the CDRB. May 4, 2009 City Council Manager Workshop Minutes Packet Page Number 5 of 189 2. Policy and Procedures for Boards and Commissions — City Attorney Kantrud a. City Attorney, Alan Kantrud gave the report and answered questions of the council. b. City Manager, James Antonen addressed and answered questions of the council. E. NEW BUSINESS None. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:55 p.m. May 4, 2009 City Council Manager Workshop Minutes 4 Packet Page Number 6 of 189 SPECIAL COUNCIL MINUTES MAPLEWOOD CITY COUNCIL CLOSED SESSION 5 :30 p.m., Monday, May 11, 2009 Council Chambers, City Hall 10 -09 A. CALL TO ORDER Agenda Item E2 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:30 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember C. APPROVAL OF AGENDA Present Present Present Present Present Councilmember Rossbach Seconded by Councilmember Nephew. Ayes — All The motion passed. D. UNFINISHED BUSINESS None. E. NEW BUSINESS Declaration of Special Meeting Top and Intent to Close Session a. Fish Creek Bluffs — flklal the CoPar Carver Crossing Development Request to Enter Into Closed Session to Discuss Real Estate Negotiations i. Mayor Longrie gave specifics of the report and addressed the council. ii. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie moved to close the meeting to discuss how to potentially purchase this property under the Chapter 13 exception for real estate negotiations and to discuss legal matters with the City Attorney to preserve the attorney client privilege. Seconded by Councilmember Nephew. Ayes — Mayor Longrie, Councilmember Hjelle, Nephew Nay — Councilmember Rossbach The motion passed. May 11, 2009 CLOSED SESSION MEETING Special City Council Meeting Minutes Packet Page Number 7 of 189 Mayor Longrie reconvened the closed session meeting. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:38 p.m. May 11, 2009 CLOSED SESSION MEETING Special City Council Meeting Minutes Packet Page Number 8 of 189 4 A. A MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, May 11, 2009 Council Chambers, City Hall Meeting No. 10 -09 CALL TO ORDER Agenda Item E3 A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:50 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL H3. 1 -94 Corridor Meeting - Mayor Longrie H4. Commission Packets — Mayor Longrie H5. North St. Paul Newsletter — Mayor Longrie L10. Water Conservation Initiatives,- Tabled due to the length of the meeting. — Mayor Longrie Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present at 6:55 p.m. John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA The following items were added or amended to the agenda by Councilmembers: H1. N.E.S.T. Report — Councilmember Rossbach H2. Web Casting and Cable Commission Update — ' Councilmember Nephew Councilmember Hjelle moved to Seconded by Councilmember Ni The motion passed. APPROVAL OF MINUTES the aaenda as amended. Ayes — All Councilmember Nephew moved to approve the April 27, 2009, City Council Workshop Minutes as amended. Seconded by Mayor Longrie. Ayes — Mayor Longrie, Councilmember Nephew & Rossbach Abstain — Councilmember Hjelle The motion passed. May 11, 2009 Packet Page Number 1 City Council Meeting Minutes 9 of 189 Approval of the April 27, 2009, City Council Meeting Minutes F9 Councilmember Nephew emailed changes to the April 27, 2009, City Council Meeting Minutes to City Clerk, Karen Guilfoile. Councilmember Nephew said the votes on packet page 12 of 260 and packet page 16 of 260 don't agree with one another. In number 3 Mayor Longrie voted Nay, In number 4 Councilmember Hjelle and Mayor Longrie voted Nay, and in Number 5 it was a motion to table called by Councilmember Hjelle. Councilmember Nephew moved to approve the April 27, 2009, City Council Meeting Minutes as amended. Seconded by Mayor Longrie. The motion passed. VISITOR PRESENTATIONS — PART I Paul Ruby, 1334 Pearson Drive, Maplewood record regarding manufactured home parks, +r 2. Justin Bell, Attorney for APAC, All Bell spoke about the state statute IFI M • e. a Ayes — All uby presented information for the present problems in the parks. e for Change addressed the council. Mr. 327C. Seconded by Councilmember Hjelle. Ayes - All 3. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener recommended that the City of Maplewood consider purchasing the Krieger property in the Beaver Creek area. 4. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling said in his opinion the Human Relations Commission is not necessary. He also complimented the Maplewood Monthy article by Mayor Longrie. Mr. Schilling commented on the potential shortfall in Maplewood. ADMINISTRATIVE PRESENTATIONS H. COUNCIL PRESENTATIONS (carried over until May 28, 2009) 1. N.E.S.T. Report — Councilmember Rossbach 2. Web Casting and Cable Commission Update — Councilmember Nephew 3. 1 -94 Corridor Meeting — Mayor Longrie 4. Commission Packets — Mayor Longrie 5. North St. Paul Newsletter — Mayor Longrie May 11, 2009 Packet Page Number 2 City Council Meeting Minutes 10 of 189 I. APPOINTMENTS AND PRESENTATIONS 2009 National Police Week & Peace Officers Memorial Day Proclamation a. Maplewood Police Chief, Dave Thomalla introduced the item. b. Mayor Longrie read the 2009 National Police Week & Peace Officers Memorial Day Proclamation aloud. Mayor Longrie moved to approve the 2009 National Police Week & Peace Officers Memorial Day Proclamation. PROCLAMATION WHEREAS, the Congress and President of the United Sates have designated May 15 as Peace Officers Memorial Day and the week in which it falls as Police Week; and WHEREAS, the members of the Maplewood Police Department play an essential role in safeguarding the rights and freedoms of the citizens of Maplewood; and WHEREAS, it is important that all citizens know and understand the problems, duties and responsibilities of their police department and that members of our police department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence or disorder and by protecting the innocent against deception and the weak against oppression or intimidation; and WHEREAS, the Maplewood Police Department has grown to be a modern and scientific law enforcement agency which unceasingly provides a vital public service; NOW, THEREFORE, we, the City Council of Maplewood, call upon all citizens of Maplewood and upon all patriotic, civil and educational organizations to observe the week of May 10 through 16, 2009, as Police Week, with appropriate ceremonies in which all of our people may join in commemorating police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to their communities and, in doing so, have established for themselves an enviable and enduring reputation for preserving the rights and security of all citizens. WE FURTHER call upon all citizens of Maplewood to observe May 15, 2009, as Peace Officers Memorial Day in honor of those peace officers who, through their courageous deeds, have lost their lives or have become disabled in the performance of duty. IN WITNESS WHEREOF, we have hereunto set our hands and caused the Seal of the City of Maplewood to be affixed. Done at the City of Maplewood this date of May 11, 2009. Diana Longrie, Mayor Erik Hjelle, Councilmember John Nephew, Councilmember Seconded by Councilmember Nephew. Kathleen Juenemann, Councilmember Will Rossbach, Councilmember The motion passed. May 11, 2009 City Council Meeting Minutes Ayes — All Packet Page Number 3 11 of 189 2. Police Promotion Ceremony a. Maplewood Police Chief, Dave Thomalla introduced the police officers. Each Maplewood Police Officer had a family member pin their badge on each of them. 1. Lieutenant Dave Kwam 2. Lieutenant Dick Doblar 3. Lieutenant, Kerry Crotty 4. Sergeant Mike Dugas J. 3. Appointment of Two Members to Community Design Review Board Councilmember Nephew moved to appoint Joe Lamers and Michael Mireau as board members to the Community Design Review Board Seconded by Councilmember Juenemann. The motion passed. PUBLIC HEARINGS Ayes — Mayor Longrie Councilmember Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Castle Avenue Improvements, Project 08 -12 a. Assessment Hearing 7:00 p.m b. Approve Resolution Adopting Assessment Roll C. Resolution Approving Purchase Agreement for Real Property at 2251 Van Dyke Street d. Resolution Approving Purchase Agreement for Real Property at 2250 White Bear Avenue e. Resolution Receiving Bids and Awarding Construction Contract i. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. ii. Assistant City Manager, Public Works Director, Chuck AN gave specifics of the report. iii. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie opened the public hearing. 1. Terryl Gordon, Castle Place, Maplewood addressed the council. 2. Bobbie Hagos, 1988 Castle Avenue, Maplewood addressed the council. Mayor Longrie closed the public hearing. Councilmember Rossbach moved to approve the adoption of the Assessment Roll for the Castle Avenue Improvements, City Project 08 -12, less all obiections as noted within this report and obiections received at the assessment hearing. Obiections will be referred to staff for review and recommendation to the city council at the Mav 28. 2009. reaular meetina. RESOLUTION 09 -05 -169 ADOPTING ASSESSMENT ROLL May 11, 2009 City Council Meeting Minutes Packet Page Number 4 12 of 189 WHEREAS, pursuant to a resolution adopted by the City Council on April 13 2009, calling for a Public Hearing, the assessment roll for the Castle Avenue Improvements, City Project 08 -12, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Terry Warner, 1998 Castle Avenue (PIN 11- 29 -22 -31 -0060) 2. Dennis Klohs c/o Dick Craven, Central Lakes Properties, 2251 Van Dyke Street (PIN 11- 29- 22 -33- 0005) 3. Arthur Engstrom, Trustee, 2250 White Bear Avenue, (PIN 11- 29 -22 -33 -0051) 4. Nebyelul Hagos, 1988 Castle Avenue (PIN 11- 29 -22 -31 -0059) 5. Terryl Gordon, 2294 Castle PI N (PIN 11- 29 -22 -31 -0094) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received, as noted above, along with any and all objections filed at the Assessment Hearing, and report to the City Council at the regular meeting on May 28 2009, as to their recommendations for adjustments. The City Engineer and City Clerk are hereby instructed to delay all assessments proposed for the above objections thereof and shall be included in the final recommendations of the City Engineer on May 28 2009. 2. The assessment roll for the Castle Avenue Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential and 8 year for commercial, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 11 day of May 2009. Seconded by Councilmember Juenemann. Ayes — All May 11, 2009 Packet Page Number 5 City Council Meeting Minutes 13 of 189 Councilmember Nephew made a friendly amendment to have the concern regarding the interest rate be brought back to the city council at the next council meeting. The friendly amendment was not accepted and the motioner stated they would prefer it be a separate motion. The motion passed. Councilmember Nephew moved to recommend that staff bring back information and a reconsideration of the interest rate in these assessment rolls at the next city council meeting. Seconded by Councilmember Rossbach. The motion passed. Councilmember Juenemann moved to a of street construction. Seconded by Councilmember Nephew. The motion passed. owner at 2250 s of street cons Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew and Rossbach Nays — Councilmember Juenemann, a purchase aareement with the Ayes — All for the northern portion of the property for the RESOLUTION 09 -05 -168 Seconded by Councilmember Nephew. Ayes — All The motion passed. Councilmember Juenemann moved to approve awarding the base bid and bid alternate #1 portions of the construction for the Castle Avenue Improvements, City Project 08 -12, to T.A. Schifsky and Sons, Inc. of North St. Paul, Minnesota and approve the revised proiect budget. RESOLUTION 09 -05 -170 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of T.A. Schifsky and Sons, Inc. in the amount of $797,687.05, which includes the Base Bid and Bid Alternate No. 1 portions of the contract, is the lowest responsible bid for the construction Castle Avenue Improvements, City Project 08 -12, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. May 11, 2009 Packet Page Number 6 City Council Meeting Minutes 14 of 189 The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project as follows: Proposed Financing Sources GO Improvement Bonds $ 422,900 PIP Funds $ 190,000 Municipal State Aid $ 86,200 Mn/DOT Tumback $ 75,000 Assessments $ 237,100 Sanitary Sewer Fund $ 25,700 WAC $ 30,000 EUF $ 284,300 Driveway Program $ 10,000 TOTAL $ 1,361,200 Adopted by the council on this 11 day of May, 2009 Seconded by Councilmember Rossbach The motion passed Century Avenue Impi Assessment Roll a. City Engineer, D( and answered q b. Assistant City En report. i. Sean Kigr the council. Ayes — All 03 -15, Resolution Adopting Revised Public Works Director, Michael Thompson gave the report is of the council. r, Public Works Director, Chuck Ahl gave specifics of the 9 Century Avenue North, Hogda, LLC. Maplewood addressed Councilmember Rossbach moved to approve the resolution for the Adoption of the Revised Assessment Roll for the Century Avenue Improvements, Proiect 03 -15. RESOLUTION 09 -05 -171 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on March 23r 2009, the assessment roll for the Century Avenue Improvements, City Project 03 -15, was presented in a Public Hearing format on April 27 2009, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, two property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014): It is currently proposed that the property be assessed along Century Avenue as part of the Century Avenue project. The objection has been provided as a supplement to this report. May 11, 2009 Packet Page Number 7 City Council Meeting Minutes 15 of 189 2. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): It is currently proposed that the property be assessed along Century Avenue, and a portion of Upper Afton which is being reconstructed as part of the Century Avenue project. The objection has been provided as a supplement to this report. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Century Avenue Improvements, City Project 03 -15: 1. Greg Whitman, 11 Century Avenue South, Speedway SuperAmerica, LLC (PIN 012822410014): Grant revision of assessment (15% reduction) from $19,080.00 to $16,218.00. 2. Richard Luhrs and Sean Kiger, 9 Century Avenue North, Hogda, LLC (PIN 012822140005): Grant revision of assessment (15% reduction) from $22,937.50 to $19,496.88. B. The assessment roll for the Century Avenue Improvements, City Project 03 -15, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the elate of the adoption of this assessment resolution. To the first installment shall be added interest on the entire: assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor,' but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 11th day of May 2009. Seconded by Councilmember Juenemann. The motion passed. May 11, 2009 City Council Meeting Minutes Ayes — Mayor Longrie, Councilmember Hjelle, Juenemann & Rossbach Nay — Councilmember Nephew Packet Page Number 8 16 of 189 2. Consider Approval of the Fish Creek Greenway Corridor Commission (ad -hoc) a. Environmental Planner, Shann Finwall gave the specifics of the report. b. City Attorney, Alan Kantrud answered questions of the council. C. City Manager, James Antonen addressed the council. d. Director Community Development and Parks, DuWayne Konewko gave the report and answered questions of the council. i. Ginny Yingling, 673 Dorland Road South, Maplewood. Councilmember Rossbach moved to approve appointing an ad -hoc commission to make recommendations on land protection for the Fish Creek Natural Area Greenway The members of this committee shall consist of 1 member from the Parks Commission, 1 member from the Environmental and Natural Resources Commission, 1 County staff member, 1 city staff member, 1 Representative from the Friends of Maplewood Nature Center as a Maplewood Resident and 1 member from the Ramsey Washington County Watershed District. .;;Ad- I AW ;;rron IanrininfRor Seconded by Councilmember Juenemann Commissioner Rossbach revised his The amendment was accepted by the Mayor Longrie invited Mr. the council in the middle of the motion. George Gonzales, 2359 Heights Avenue, Maplewood addressed the council. The motion passed. 3. Conditional Use Permit Review — Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive a. Planner, Michael Martin gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. c. Maplewood Fire Chief, Steve Lukin answered questions of the council. Mayor Longrie asked if anyone wanted to come forward and address the council. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Councilmember Hjelle moved to recommend a 3 -month review for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive to be brought back to the council regarding the outstanding issues on erosion, garbage and restoration. Ayes — Mayor Longrie, Councilmember Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle :)n to eliminate the At Large Landowner. r%nr[ar May 11, 2009 Packet Page Number 9 City Council Meeting Minutes 17 of 189 Seconded by Councilmember Juenemann. The motion passed. Ayes — Mayor Longrie, Councilmember Hjelle, Juenemann & Nephew Nays — Councilmember Rossbach Councilmember Nephew moved to authorize staff to administratively amend the CUP conditions of approval, permitting a 27'4" street width instead of a 28' wide street in order to allow parking on one side of the street. Seconded by Councilmember Juenemann. Ayes — All The motion passed. The city council took a 10- minute recess at 9:50 p.m. The city council reconvened at 10:00 p.m. L. NEW BUSINESS Councilmember Hjelle requested to move for this item. L2 before L1 since attendees are present Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Consider Resolution Receiving Preliminary Report on Alignment Study Along Lydia Avenue of Lake Links Trail Connection and Authorization of the Preparation of the Plans and Specifications a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. b. Assistant City Manager, Public Works Director, Chuck Ahl gave specifics of the report. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Cindy Yorkovich, 3044 Standridge Place, Maplewood. 2. Sherry Orlando, 3001 Standridge Place, Maplewood. 3. Peter Fischer, 2443 Standridge Place, Maplewood. Councilmember Nephew moved to approve the resolution accepting the preliminary report and authorizing the preparation of plans and specifications for the Lake Links Trail Improvements Cit Project 08 -16. With two bid alternates. One bid alternate would be as outlined in the staff recommendation for the bituminous trail along Lydia the second would be for iust an off street trail on the McKnight portion to Lydia. Look at the onstreet option on Lydia prior to accepting bids regarding whether or not to accept the bid alternate. May 11, 2009 Packet Page Number 10 City Council Meeting Minutes 18 of 189 RESOLUTION 09 -05 -173 ACCEPTING REPORT AND AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS WHEREAS, a feasibility report has been prepared for the Lake Links Trail Improvements, City Project 08 -16, and this report was received by the Council on May 11, 2009, and WHEREAS, the report provides a recommended alignment for the trail and information regarding whether the proposed project is necessary, cost- effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the final plans and specifications be prepared for the Lake Links Trail Improvements with the recommendations of the feasibility report. Approved this 11 day of May 2009. Seconded by Councilmember Rossbach. The motion passed. Approval of the Silver Lake Ir Treatment Funding for Silver a. Environmental Planner, the council. Councilmember Rossbach 07-7111=171 Seconded by Councilmembe The motion passed. Ayes — All 's Request for Herbicide the report and answered questions of Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays - Mayor Longrie & Councilmember Hjelle 3. 2030 Comprehensive Plan Update Review a. Planner, Michael Martin gave the report and answered questions of the council. b. Environmental Planner, Shann Finwall gave the specifics of the report and answered questions of the council. Mayor Longrie asked if anyone wanted to speak to come forward. 1. Jim Nygaard, 1110 County Road C East, Maplewood. Mr. Nygaard presented a petition for the permanent record. 2. Mark Jenkins, 830 New Century Blvd South, Maplewood. May 11, 2009 Packet Page Number 11 City Council Meeting Minutes 19 of 189 Councilmember Rossbach moved to table the 2030 Comprehensive Plan Update until the next council meeting. Seconded by Mayor Longrie. Ayes — All The motion to table passed. Completing L4, 6, 7, 9, M1, M4, M5,. Friendly amendment to have L7 heard ahead of the other agenda items due to people waiting in the audience. Councilmember Rossbach moved to table the remaining agenda items which are L5, L8, M2, M3. and M6 -M10 until the next council meetina of Thursday. Mav 28. 2009. Seconded by Councilmember Nephew. The motion to table passed. Ayes — Mayor Longrie, Councilmembers Hjelle, & Nephew Nays — Councilmembers Juenemann & Rossbach 4. Lawful Gambling Temporary Permit for White Bear Avenue Business Association a. City Clerk, Director Citizen Services,' Karen Guilfoile gave the report. Councilmember Hjelle moved to approve the resolution for a temporary gambling permit for Wt Bear Avenue Business Association. RESOLUTION 49 -05 -172 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for White Bear Avenue Business Association, PO Box 9328, North St. Paul, MN 55109 to be used on July 8, 2009, through July 12, 2009, at Ramsey County Fair Grounds, 2020 White Bear Avenue, Maplewood MN 55109. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Nephew Ayes - All The motion passed. May 11, 2009 Packet Page Number 12 City Council Meeting Minutes 20 of 189 5. Consider Resolution Authorizing Preparation of Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (North St. Paul to McKnight and Stan ich- Highlands Area Streets) (TABLED UNTIL MAY 28, 2009.) 6. Approval of ROW Concept, White Bear Avenue Improvements, Project 08 -13 a. City Engineer, Deputy Public Works Director, Michael Thompson gave the report and answered questions of the council. Councilmember Hjelle moved to approve the right -of -way plan for the White Bear Avenue Improvements, City Project 08 -13, through adoption of the resolution. RESOLUTION 09 -05 -174 APPROVING RIGHT -OF -WAY PLAN WHEREAS, the consultant representing the City of Maplewood and Ramsey County has prepared a Right -of -Way Plan for the White Bear Avenue Improvements, City Project 08 -13, which generally consists of White Bear Avenue from County Road D to Radatz Avenue, and County Road D from Southlawn Drive to White Bear Avenue. WHEREAS, Maplewood City Code 44 -14 applies to this road widening project and states 1I -11 l:l.til }l,lfWt: OD COD Se e. 44 -1.4. Reductions ill lot sizes throug0l, :;treat >t widening by condenining author itito; - : adjuat }ant's to lot size roquil- eynlents of Chapter. Wher *c'c.r thrc arictth of :a 4.tr i tt;llt- 31 °'' -ta at I'S lift c •csct:l 113Y tictioil taf any govc minx a €itt orlli= Irsav ir.t; tlnet t it'I'tt ol`tcir ?tic =ns ;a .ir�2� tt , lvkl ita in 11ae Gvicitiz vl tlt strt Est taku•, tho abutt lti to ho nil do slaallc-r th tho nainiui cni lot 9i7e por•inittcd in this chapttir or in mly nfl orditiiioctl, rule ra • rf?gu'aticftt of that city or who'l'e arch tslde t,, c3uw. , 5 the settacicti Iil' buittlit7t =,s c x tirlg i }ti dwt :tltt.tt n,g i totem# to lo lt.. ts t.hatl thll utl ack l r }j tc rtti tse• forth in tls s chaptur or any other jai' €finance, r tcic= or rft`gultat. flit of flit 61, .:iitlr =.e i:tltan� rc=ciuction ill lot sire of sett: - wt; €1i4tnnca .;hall not 1 ?e (•oosifivi- €1 t'i Violation of:lti�, chapter or any othar ovil lincei, r " €ilt: cit`1•catfrtlallon cif "..110 city and slit 11 in till I – 4p its 11t` C` osiitt�ro tt} iie in cc,t7 ti'rtli flint c l• =.rp,c t and with all other aifrlinnorf_ts, ruffs and rcgi.lotions, Such t3ctttsa IS PH .sc *tEr;;t It .a: €tcl Scta h tic TP> 4t'd teat �SjZo i4 Valid and cmisirt€ nt Avi:th the �'PgLlil-Vrt.cirtt Of this chalitut ; }rav: €jail that tho lot site and mAbf lvks co 4Aruet =ara= tan "fic lilt grist` i:t3 tile= sfi,et.t. %vidc =17inLy ,rode ltn ful :ruff all ri c=s theft- wh ch t t t °s lawful prior to kttc`li t`11<3rttg tzt si ctit trt° t tli tr1 =t 11t: =r't tiniiitr thci cto Alail c'ctfitinue as s, ct c w%q fliere;iftcr ai t if` : Iwll t€'' {'iletions JIi :li'fa 1]rl Wtltack had not. rtccur'r( It kg fur,tllt >r= da l'rrS ifl < it t:.'tilt na tt! rift nr i €tilrrow d lots Or't'i'acts, of l=and abutrni7 on that. ticrr•tira a o all ru,rtl, rree t or highway ilic h is wnlerictci sn n1 to roduce tho t ve nitihlo slot/ rck cLA ina the initnnnuri. i.t.tl):sck a.hrt 1 hp the stAback distance aequircd by thiq cla;xl'ator lcys ilia- olm ilia crt r'£ ?rluctiort ctluK(td lit••°: io$rsoii oftht= itrt'ic•i ;tieleriio.g, For the administa of' tliis t;ar°tirt t.lc ''oneaunt of r'a 'dWll 11at efol-9€&reel to lrtz this riuiiat c r of leas thus t11r 11a r jai .3t }- f`ikcat tctl title, (•,t, h5 thi€i ch alitor ; , Irl l :iny etht.r circlinualc ", rulp or r €zt;u'l..itoin. as it tif'fc =c•ts in #moved lots Chia l,cLon mlttir•tc incd tiy =rreh str°trest icirft:iainu; § lts 19 WHEREAS, Ramsey County is the governing agency responsible for property acquisition for City Project 08 -13. WHEREAS, permanent easements and/or right -of -way acquisition are needed from property owners to successfully construct the project improvements and said easements and /or right -of -way acquisition are required to increase the width of said streets. May 11, 2009 Packet Page Number 13 City Council Meeting Minutes 21 of 189 WHEREAS, Right -of -Way Plan approval provides assurance to property owners that impact to properties, as a direct result of City Project 08 -13, will not cause violations to City Code. WHEREAS, Right -of -Way Plan shows the current right -of -way limits and proposed acquisition thereby clearly delineating the impacts caused by City Project 08 -13. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Approves the Right -of Way Plan for City Project 08 -13. Seconded by Councilmember Nephew Ayes - All The motion passed. 7. Conditional Use Permit, Xcel Energy Tanners Lake Electrical Substation Expansion, 2500 Conway Avenue a. Planner, Michael Martin gave the report. i. Chris Rogers, Xcel Energy Minneapolis addressed and answered questions of the council. Mr. Rogers said a correction is that it should say feeder bay instead of transformer' in the resolution. Councilmember this approval on the findings required by the ordinance. This approval is subiect to the following conditions: CONDITIONAL WHEREAS, Mr. Chris Rogers, the expansion of the Tanners Lakt 09 -05 -175 :el Energy, applied for a conditional use permit for 3M Center. WHEREAS, this permit applies to the property located at 2500 Conway Avenue. The legal description is: The West 50 feet of East 411.74 feet of South 86 feet of North 221.49 feet and West 167 feet of East 361.74 feet of South 201 feet of North 336.49 feet of Southwest 'l4 of Section 36, Township 29, Range 22. WHEREAS, the history of this conditional use permit is as follows: On April 21, 2009, 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. 2. On May 11, 2009, the city council discussed the proposed conditional use permit. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit revision, because: May 11, 2009 Packet Page Number 14 City Council Meeting Minutes 22 of 189 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction and activities on the site 2009 as approved by the city. City staff ma} council must approve major changes to the allow the site and project plans dated March 26, )rove minor changes to these plans and the city roved plans. 2. Any fence over six feet tall requires a building permit issued by the city. The city building official will require the submittal of a structural plan for the proposed fence approved by a registered engineer with the building permit materials. All slab installations for the proposed equipment will require a building permit as well 3. Xcel Energy must start the installation of the new feeder and associated site work within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 4. The city council shall review this permit in one year. 5. Xcel Energy must obtain an easement from 3M Company for the proposed expansion. The Maplewood City Council approved this resolution on May 11, 2009. Seconded by Councilmember Rossbach. Ayes - All The motion passed. 8. Consider Resolution Authorizing Pride of Maplewood Program by City Manager (TABLED UNTIL May 28, 2009.) May 11, 2009 Packet Page Number 15 City Council Meeting Minutes 23 of 189 9. Fish Creek Bluffs — CoPar Carver Crossing Development: Real Estate Negotiations — Mayor Longrie a. City Manager, Mr. Antonen gave the report and answered questions of the council. Councilmember Nephew moved to authorize the city attorney to exercise the city's rights under Section 2.2A of the Carver Crossina Development Agreement. Seconded by Councilmember Rossbach. Ayes - All The motion passed. 10. Water Conservation Initiatives — Mayor Longrie (TABLED) M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1, 4, and 5. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 641,113.36 Checks # 78231 thru # 78286 $ 340,191.77 Disbursements via debits to checking account Dated 04/17/09 thru 04/24/09 $ 214,982.62 Checks # 78287 thru # 78339 Dated 4/28/09 thru 05/05/09 $ 148,337.84 Disbursements via debits to checking account dated 04/24/09 thru 05/05/09 $ 1,344,625.59 Total Accounts Payable PAYROLL $ 486,673.08 Payroll Checks and Direct Deposits dated 05/01/09 $ 2,629.43 Payroll Deduction check #1007148 thru #1007149 dated 05/01/09 $ 489,302.51 Total Payroll 1.833.928.10 GRAND TOTAL Seconded by Councilmember Hjelle. The motion passed. Ayes — All May 11, 2009 Packet Page Number 16 City Council Meeting Minutes 24 of 189 2. Conditional Use Permit Review — Commercial Equipment Parking and Storage, 65 Larpenteur Avenue East. (TABLED UNTIL MAY 28, 2009.) 3. Approve Resolution of Support For STP Application, Project 09 -08, English /TH 36 Interchange Improvements (TABLED UNTIL MAY 28, 2009.) 4. Carsgrove Meadows Area Street Improvements, Project 08 -10 Councilmember Nephew moved to approve the resolution for the Carsgrove Meadows Street Improvements, Proiect 08 -10: Accepting Assessment Roll and Ordering Assessment Hearing. RESOLUTION 09 -05 -176 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Carsgrove Meadows Area Street Improvements, City Project 08 -10, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 28th day of May 2009, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Hjelle. Ayes - All The motion passed. 5. County Road D Street Improvements, Project 08 -20 a. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for June 8, 2009 b. Resolution Adding Lake Links Trail Improvements, City Project 08 -16, to Project 08 -20 Councilmember Nephew moved to approve the resolution for the County Road D Street Improvements, Proiect 08 -20: Accepting the Assessment Roll and Orderinq Assessment Hearing. It is also recommended that the council adopt the resolution adding Lake Links Trail Improvements, City Proiect 08 -16, to Proiect 08 -20. May 11, 2009 Packet Page Number 17 City Council Meeting Minutes 25 of 189 RESOLUTION 09 -05 -177 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the County Road D Street Improvements, City Project 08 -20, 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 8th day of June 2009, at city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. RESOLUTION 09 -05 -178 ADDING LAKE LINKS TRAIL IMPROVEMENTS, CITY PROJECT 08 -16, TO PROJECT 08 -20 WHEREAS, a feasibility report has been Project 08 -16, and this report was received by tl Lake Links Trail Improvements, City ay 11, 2009, and WHEREAS, the report provi whether the proposed project is net WHEREAS, Project 08 alignment for the trail and information regarding and feasible, part of the project scope of Project 08 -20, WHEREAS, Project 08 -16 should be bid and completed as part of Project 08 -20, which is a State Aid Project, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1) That final plans and specifications are directed to be prepared for the Lake Links Trail Improvements in accordance with the recommendations of the feasibility report and that the proposed improvements be included as part of Project 08 -20 (County Road D Improvements, McKnight to Lydia), 2) That Project 08 -16 is hereby an extension of Project 08 -20, 3) That Bidding of the Lake Links Trail project is authorized and the Lake Links Trail Project shall be included as part of City Project 08 -20. Approved this 11 day of May 2009 Seconded by Councilmember Hjelle. Ayes — All The motion passed. May 11, 2009 Packet Page Number 18 City Council Meeting Minutes 26 of 189 6. Approval to Enter Into Joint Powers Agreement With State of Minnesota — Child Sexual Predator Program. (TABLED UNTIL MAY 28, 2009.) 7. Resolution Accepting of Donations to 2009 Landfall Cops & Kids Fishing Clinic (TABLED UNTIL MAY 28, 2009.) 8. Approval of 2008 Budget Adjustments for MCC (TABLED UNTIL MAY 28, 2009.) 9. Resolution to Maintain the Statutory Tort Limits (TABLED UNTIL MAY 28, 2009.) 10. Resolution Authorizing Purchase of Insurance Agent Services (TABLED UNTIL MAY 28, 2009.) N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART 11 fl one. P. ADJOURNMENT Mayor Longrie adjourned the meeting at l n m May 11, 2009 Packet Page Number 19 City Council Meeting Minutes 27 of 189 Agenda #G -1 To: Jim Antonen, City Manager From: David J. Thomalla, Chief of Police Date: May 21, 2009 Re: Report on Stargate Dance Club — 6 Month Review On November 23, 2008 the Maplewood City Council issued a liquor license to Ms. Mai Yang, the new owner of Stargate. I was directed to monitor the activity at the establishment, meet with Ms. Yang and report back to the City Council in 60 days and six months. Ms. Yang did not assume ownership of the establishment until December 5, 2008. 1 have met with and spoken with Ms. Yang many times since she assumed ownership and did a site visit of the business on January 12, 2009 and a subsequent visit on May 18, 2009. During their patrol shifts, officers have also visited the club. As of May 18, Ms. Yang has completed construction of a stage for live music and some of the tables and chairs have been removed and replaced with sofas to allow for VIP seating areas. The business is currently open on Wednesday, Thursday, Friday, Saturday and Sunday evenings. Music is provided by a live band on Friday and Saturday and a DJ the other nights. They experimented with salsa music on Thursdays with no success and have eliminated hip hop music. Stargate still hires two off -duty Ramsey County deputies on Friday and Saturday nights. They also employ about 12 internal security personnel and have an internal and external video surveillance system. A dress code is in effect for the club and a cover charge is collected for those under 21 and those entering after 11:00 p.m. Crowds are small on Wednesday nights (approximately 20 people). Thursday and Sunday crowds are between 50 and 100 people and Friday and Saturday nights are between 300 and 600. Calls for service to Stargate have decreased significantly compared to the same time period one year ago (25 versus 47). The attached chart shows a comparison of the numbers and types of calls for the period from Dec. 5, 2008 to May 18, 2009. The severity of calls and the amount of resources required to handle these calls has decreased significantly. Police department staff has noticed Stargate's crowds are growing since they first opened under new ownership, but the same problems have not been experienced as with the previous ownership and format. Stargate has generated the fewest calls for service of Maplewood's four largest nightclubs from Dec 5, 2008 to May 18, 2009. Type of Call 2008 2009 Alarms 4 4 Assault 8 3 Theft 12 2 Weapons 1 1 Disturbance 6 8 DWI 3 2 Assist 7 4 Crash 2 0 Medical 2 0 Property Damage 1 0 Auto Theft 1 0 Harassment 0 1 Packet Page Number 28 of 189 Agenda Item J1 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Steven Love, Civil Engineer II SUBJECT: Carsgrove Meadows Area Street Improvements, Project 08 -10 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract DATE: May 18, 2009 INTRODUCTION All property owners have been mailed a notice of the exact amount of their assessment, as well as notice that they must submit a written objection either at or prior to the hearing if they disagree with the assessment amount. The city council should conduct the assessment hearing, receive any objections, refer those objections to the staff for action at the June 8, 2009 council meeting and consider approving the attached resolution adopting the assessment roll without the property owners who have submitted objections. The council will also consider awarding a construction contract. BACKGROUND The project involves the reconstruction of the Carsgrove Meadows neighborhood streets (location map attached) in addition to upgrading storm sewer, sanitary sewer main repairs, and storm water treatment in the neighborhood. The Maplewood City Council ordered the preparation of the feasibility study at the August 25, 2008, regular meeting. On January 12, 2009 the city council accepted the feasibility report and ordered the public hearing. The public hearing notice was published twice and notice was sent to the property owners. The project was then ordered and preparation of plans and specification were authorized at the January 26, 2009 council meeting after the public hearing was conducted. On April 27, 2009 the city council approved the plans, authorized to advertise for bid, and ordered the preparation of the assessment roll. On May 11, 2009 the city council accepted the assessment roll and called for the assessment hearing. The notice was published twice in the newspaper and was mailed to the property owners as required by Minnesota State Statute 429. Bids are to be opened on Friday May 22n and the results will be presented to the council at the regular meeting. Assessments The proposed assessments for the Carsgrove Meadows Area Street Improvements total $624,390.00. A copy of the assessment roll is provided as a supplement to this report. Packet Page Number 29 of 189 Agenda Item J1 As outlined in the feasibility study, the assessments are based on the standard rates approved for the 2009 construction season, and are as follows: Residential Rates: • $4,500 /unit for partial street reconstruction (replacing concrete curb & gutter). • $6,000 /unit for full street reconstruction (adding concrete curb & gutter). • $990 /unit for storm sewer assessment. Assessment Objections Filed 1. As of May 18, 2009 staff has received two objections to the proposed assessments: a. Parcel 09.29.22.21.0009 — Dorothy Heckmann; 2579 Cypress Street N It is currently proposed that the property be assessed for 2 units (street and storm sewer) since it currently consists of 1 undeveloped residential lot and 1 developed residential lot. Ms. Heckmann is requesting that the assessment for the undeveloped residential lot be deferred based on that there are no plans to develop the lot. This item should be referred to staff for a recommendation on June 8, 2009. b. Parcel 09.29.22.21.0010 — Cha Tou Thao; 2571 Cypress Street N It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cha Tou Thao is objecting to the assessment of the property due to financial hardship and does not believe the street reconstruction is warranted at this time. This item should be referred to staff for a recommendation on June 8, 2009. Staff will review all objections and provide the city council recommendations for motion at the June 8, 2009 city council meeting. Objections will be received up to and as part of the assessment hearing on May 28, 2009. Once the hearing is closed, no further objections will be considered. Budget Impact The proposed assessments are part of the project financing plan, approved in January, 2009. Any assessments that are ultimately revised would have an impact on the tax levy. An update of the budget will be presented to council at the regular meeting once the low bid amount is known to complete the project improvements. No changes to the budget are anticipated at this time. Awarding Construction Contract Final plans and specifications for the Carsgrove Meadows Area Street Improvements were approved by the city council on April 27, 2009, and authorization was given to advertise for bids. These bids will be received and subsequently opened on Friday May 22, 2009. After the bids are opened they will be tabulated and an updated report will be presented to the council prior to the May 28, 2009 city council meeting. Packet Page Number 30 of 189 Agenda Item J1 RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Assessment Roll for Carsgrove Meadows Area Street Improvements, City Project 08 -10, and consider adopting the Resolution Receiving Bids and Awarding a Construction Contract. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Resolution: Award of Bids 2. Assessment Roll 3. Location Map 4. Objection Letter from Dorothy Heckmann; 2579 Cypress St. N 5. Objection Letter from Cha Tou Thao; 2571 Cypress St. N Packet Page Number 31 of 189 Agenda Item J1 Attachment 1 RESOLUTION ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 11, 2009, calling for a Public Hearing, the assessment roll for the Carsgrove Meadows Area Street Improvements, City Project 08 -10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a. Parcel 09.29.22.21.0009 — Dorothy Heckmann; 2579 Cypress Street N It is currently proposed that the property be assessed for 2 units (street and storm sewer) since it currently consists of 1 undeveloped residential lot and 1 developed residential lot. Ms. Heckmann is requesting that the assessment for the undeveloped residential lot be deferred based on that there are no plans to develop the lot. b. Parcel 09.29.22.21.0010 — Cha Tou Thao; 2571 Cypress Street N It is currently proposed that the property be assessed for 1 unit (street and storm sewer). Mr. Cha Tou Thao is objecting to the assessment of the property due to financial hardship and does not believe the street reconstruction is warranted at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on June 8, 2009, as to their recommendations for adjustments. 2. The assessment roll for the Carsgrove Meadows Area Street Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. Packet Page Number 32 of 189 Agenda Item J1 Attachment 1 5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than October 15, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 28 day of May 2009. Packet Page Number 33 of 189 Agenda Item J1 Attachment 2 RESOLUTION AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of in the amount of $ is the lowest responsible bid for the construction of Carsgrove Meadows Area Street Improvements — City Project 08 -10, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council. Adopted by the council on this 28 day of May, 2009. Packet Page Number 34 of 189 ASSESSMENT ROLL CITY PROJECT 08-10 Agenda Item Jl Attachment 3 PARCEL ID TAXPAYER I STREETI INUMBER STREET RESIDENTIAL I UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 092922240034 MARK E PETERS 948 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240033 MARY B LEAFGREN 954 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240022 JOHN F WIEREMANN 955 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240023 BRUCE A NOVOTNE 959 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240041 JOEL E VARBERG 960 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240024 ALISON L COCHRANE 965 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240040 PETER H DEY 966 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240025 DAVID 3 THOMALLA 971 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240030 JAMES P WAHLSTRAND 972 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240026 GEOFFREY W BARKER 977 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240029 MARY PENNY JOHNSON 978 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240027 SCOTT M HAGBERG 983 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922240028 DENNIS G BERRY 984 BROOKS CT E 1 $990.00 $4,500.00 $5,490.00 092922230007 SHARONAH ANN JACOBUS 908 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922220044 PAUL CHRISTIAN 921 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922220033 RICHARD L BALDWIN 929 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210041 ALLEN P CARLSON 946 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210040 WILLIAM I SIEVERS 952 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210030 ROBERT M FLOYD 955 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210039 DANIEL L KERAN 958 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210031 THOMAS H KEARNS 961 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210038 DAVID A ANDERSON 964 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210032 HOA B TIENG 967 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210037 THOMAS R LINDSKOG 970 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210036 BARBARA L OLSON 976 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210033 LAWRENCE N REEVE 981 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210035 ELLEN MIKE 982 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922210034 DANIEL P ROSS 990 CONNOR AVE E 1 $990.00 $4,500.00 $5,490.00 092922220028 ANNA J RABCEVICH 873 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922230009 MICHAEL A SANTORO 874 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922230008 CAROL H ENGEL 882 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220029 JAMES 3 BYERS 883 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220030 WILLIAM A ERAL 893 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220046 MARK D LARSON 894 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220031 DEREK DESHLER 903 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220045 WILLIAM A BRINKER 904 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922220032 AMANDA R SHEAHAN 913 CONNOR CT E 1 $990.00 $4,500.00 $5,490.00 092922210051 WILLIAM G GOFF 11 1000 COUNTY ROAD C E 1 $990.00 $6,000.00 $6,990.00 092922210062 JAY R REEVES 2570 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210010 CHA TOU THAO 2571 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210061 HEATHER A CAMPBELL 2574 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210060 LAUREEN A MCGINLEY 2578 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210009 DOROTHY HECKMANN 2579 CYPRESS ST N 2 $1,980.00 $12,000.00 $13,980.00 092922210008 JOHN M THOMSEN TRUSTEE 2591 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210007 JOHN R SWENSON 2595 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922210054 MATTHEW C SMITH 2611 CYPRESS ST N 1 $990.00 $6,000.00 $6,990.00 092922230006 PATRICK E SNELSON 912 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922230005 TORE DETLIE 918 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922230002 KEVIN H JACOBSON 927 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922230004 DAVID A HENSELER 928 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922230003 PAUL G 3ONDAHL 938 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240019 MARK KRETSCHMAR 942 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240018 KIRK D DAVIS 950 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240008 GERARD A LANGER 951 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240017 MATTHEW J MCDONOUGH 956 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240009 LISA M GRUSZKA 957 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240016 ROBERT M BLAUFUSS 962 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240010 LOUIS SICA JR 963 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240015 THOMAS W HUTCHINGS 968 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 092922240011 REX L KIEKHOEFER -r--969 DEMONT AVE E 1 $990.00 $4,500.00 $5,490.00 Page 1 of 2 Packet Page Number 35 of 189 ASSESSMENT ROLL CITY PROJECT 08-10 Agenda Item 1 Attachment PARCEL ID TAXPAYER I STREETI INUMBER STREET RESIDENTIAL I UNITS STORM ASSESSMENT STREET ASSESSMENT TOTAL ASSESSMENT 092922230026 WILLIAM I SIEVERS 2451 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922240021 RICHARD M SEPPALA 2462 FOREST ST N 1 $990.00 $4,50000 $5,49000 092922230024 DAVID KORNMANN 2471 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922230001 CRAIG J CAPEDER 2507 FOREST ST N 1 $990.00 $4,50000 $5,49000 092922220043 STEVEN D KRAUSE 2517 FOREST ST N 1 $990.00 $4,50000 $5,490.00 092922210029 KEVIN R MARSCHEL 2530 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210028 MARLENE D MOSS 2540 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210027 MARK D NICHOLS 2550 FOREST ST N 1 $990.00 $4,50000 $5,49000 092922210026 JAMES HARDENBROOK 2560 FOREST ST N 1 $99000 $4,500.00 $5,490.00 092922210025 ROBERT W SMITH 2570 FOREST ST N 1 $990.00 $4,50000 $5,490.00 092922220040 JAMES R MALSOM 2571 FOREST ST N 1 $990.00 $4,50000 $5,49000 092922220041 DALE A SOBERG 2579 FOREST ST N 1 $990.00 S4,500.00 $5,490.00 092922220042 FLETE W GRAY 2585 FOREST ST N 1 $99000 $4,500.00 $5,490.00 092922210023 ROBERT E SHAW 2586 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210022 CHRISTOPHER J KRIER 2596 FOREST ST N 1 $990.00 $4,50000 $5,49000 092922210068 MICHAEL G SELIGA 2597 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210048 SOKUNTHEA SOEUN 2605 FOREST ST N 1 $99().00 84,50000 $5,49000 092922210020 CHRISTOPHER T CARROLL 2612 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922220058 MARY ANN OBERG 2613 FOREST ST N 1 $990.00 $4,50000 $5,490.00 092922210019 RICHARD G STAHL 2620 FOREST ST N 1 $990.00 $4,500.00 $5,490.00 092922210045 KOU YANG 2629 FOREST ST N 1 $99().00 84,50000 $5,49000 092922210018 CATHERINE R MORRISON 2630 FOREST ST N 1 $99000 $4,500.00 $5,490.00 092922220036 DAVID M OCONNOR TRUSTEE 916 PALM CIR E 1 $990.00 $4,50000 $5,49000 092922220034 MARGARET C JACKSON 936 PALM CIR E 1 $990.00 $4,500.00 $5,490.00 092922220014 WILLIAM S HALLORAN 821 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220015 C FOUTY 829 PALM CT E 1 $99000 $4,500.00 $5,490.00 092922220022 - GARY MARIANNE G NEWELL 830 PALM CT E 1 $990.00 $4,50000 $5,490.00 092922220016 GEORGE A HENLY 837 PALM CT E 1 $990.00 $4,50000 $5,49000 092922220017 TIMOTHY C MCMAHON 845 PALM CT E 1 $990.00 $4,500.00 $5,490.00 092922220020 WILLIAM S HALLORAN 846 PALM CT E 1 $99000 $4,500.00 $5490.00 092922220019 RAYMOND P KRUSE 854 PALM CT E 1 $990.00 $4,500.00 $5,490.00 TOTALS 111 $109,890.00 $514,500.00 $624,390.00 2009 ASSESSMENT RATES: TOTAL $624,390.00 RESIDENTIAL STORM SEWER ASSESSMENT ~$SSO PER UNIT RESIDENTIAL FULL STREET RECONSTRUCTION ~$6,O0V PER UNIT RESIDENTIAL PARTIAL STREET RECONSTRUCTION = $4,500 PER UNIT Page 2of2 Packet Page Number 36 of 189 Agenda Item J1 Attachment 4 Koh1man C�- - Vals �La ke Ke i�� F6 1 COUNTY ROAD C 7/Z r Koh1man 0 Park 0 I--- U� Cf) ry PALM Manufactured C) (/9 Housing C) C/-) Estates C- 5 CIR ry n -------- CONNO CO C Ash.- CT. DEMON SAV U) C) 0 BROOKS 1 4 -4J t �� //SEXTANT <Z i� ��`� 112 AVE. (60 GER' — - — ---------- — ----- — ---- . ........... — - — ----- . ..... SP 32 I j L U) Cn PROPOSED STREET IMPROVEMENT NO SCALE Capital Improvement Project for 2009 Carsgrove Meadows Area Street Improvements City Project 08-10 Packet Pacie Numb J 37 of 189 zmgnaxure La ULi } Z , Zip Telephone Packet Page Number 38 of 189 a Address 60roperty Owner Agenda Item J1 VE I Attachment 6 May 15, 2009 NIA"Y' 'i SR ;onr� To: City of Maplewood, Office of the City Engineer *apkviood 'Pubfir Wo4' From Cha Ton Thao Re: ASSESSMENT and STREET RECONSTRUTION 08-10-CARSGROVE MEADOWS AREA STREET I am Cha Tou Thao resident at 2571 Cypress Street North. I reject or disagree with the Street reconstruction at the area because the streets at the Carsgrove Meadows Area are still having a good surface. There are no cracks and no holes an the streets. When the streets need improvements or reconstruction it should be paid by the city or governments grant not pay by the property owner(s). Because the property owners pay their property tax already. My family, is a low family. We don't even have enough money to cover our cost. We don't even have any money to support our children to join any activities at school. They always want to join spoils or activities at school but they never have a chance to join due to no money to supports our children. Soon we might even lose our house because the mortgage is too high, we don't have enough income to pay the mortgage. Again, I disapprove this project and I will not pay these assessment and the Street reconstruction costs. I can be reach at 651-285-2683 Cha Tou Thao Packet Page Number 39 of 189 Menda Item J1 "EC ftent 6 May 15, 2009 To: City of Maplewood Af 6 apbew000, From: Cha Tou Thao Re: ASSESSMENT and STREET RECONSTRUTION 08-10-CARSGROVE MEADOWS AREA STREET I am Cha Tou Tbao resident at 2571 Cypress Street North. I reject or disagree with the Street reconstruction at the area because the streets at the Carsgrove Meadows Area are still having a good surface. There are no cracks and no holes on the streets. When the streets need improvements or reconstruction it should be paid by the city or governments grant not pay by the property owner(s). Because the property owners pay their property tax already. My family, is a low-income family. We don't even have enough money to cover our cost. We don't even Dave any money to support our children to join any activities at school. They always want to join sports or activities at school but they never have a chance to join due to no money to supports our children. Soon we might even lose our house because the mortgage is too high, we don't have enough income to pay the mortgage. Again, I disapprove this project and I will not pay these assessment and the Street reconstruction costs. I can be reach at 651285-2683 Cha Tou Thao Packet Page Number 40 of 189 Agenda Item K1 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director Robert Mittet, Finance Director SUBJECT: 2009 Improvement Projects — Review of Assessment Interest Rates and Resolution Establishing Rate for 2009 Improvement Projects DATE: May 20, 2009 INTRODUCTION /SUMMARY At the May 11, 2009 Council meeting, the Council questioned the rate charged to residents for the assessment of improvement costs. The rate was set at 6.0% as an estimate. Bob Mittet has reviewed the bond rates and provides the following report: At the City Council meeting held May 11, 2009, questions were raised regarding the appropriate interest rate to be charged to residents who allow special assessments to be placed on their property tax bill. In recent years, we have used 6% which was approximately 2% above the coupon rate on the associated bonds. Staff had earlier stated that the 2009A bonds were issued at a lower rate than previous issues. The Series 2008A bonds had a "True Interest Cost" (TIC) of 3.76 %. This was slightly lower than other bonds issued in 2006 and 2007. By comparison, the TIC on Series 2009A was 3.398 %. . Some considerations of the Series 2009A bonds: • Series 2009A had a part of the bonds issued as refunding bonds. The TIC on this portion was 2.635 %. • Of the Series 2009A bonds attributable to new street reconstruction, not refunding, the TIC was approximately 3.7 %. The TIC on the assessment portion of these bonds was approximately 3.4% DISCUSSION As Mr. Mittet notes, the bonds are not sold with a single rate. Because we are financing multiple projects and multiple costs, the rates within the bond vary. For example, some of the interest costs within the bond for the refunding issue were as low as 2.635 %. One small segment of assessment rates was slightly over 3.05 %, while a majority were in the 3.4% - 3.55% rate. The higher cost to the City was the expenditure for City debt service. As noted, the overall rate was 3.4 %. Until 2008, state rules limited the interest rate that the City could charge for 429 project assessments to 2 percentage points above the interest rate of the bonds. If that standard was applied, the City would be limited to 5.4% on the 2009 projects. The 2% was allowed for administrative costs to administer the project expenses. The Maplewood typical assessment is $5,000 on our street improvement projects. A 2% charge provides the City with $100 in the first year, and decreasing each of the 15 -years to manage the assessment amounts. For the $100, the City provides administration of the account balance, information on the balance, redistribution of the cost if the property is sold or subdivided, and information on pending sales. If there are no requests for information on a particular parcel, this provides financial support for the City on delinquencies, although, over the 15 -year term of assessments, a high majority of costs are recovered. In the long run, the cost is expended to pay for financial administration. Since 2008, the standard set by the state is a `reasonable' cost above the borrowed cost. Generally staff has recommended the 2.0% above as a `reasonable' rate. Packet Page Number 41 of 189 PROJECT INTEREST RATES PAGE TWO DISCUSSION (continued) It is clear that a reduced rate below the 6.0% rate is appropriate. There is no clear policy adopted; however, standard practice over the past few years indicates that a 2.0% mark -up would stand the `reasonable' test and still provides our residents with a very low borrowing rate for their investment in their property. The $100 amount per year that is part of the typical assessment only covers one staff member for a couple of hours per year and that amount decreases to $6 in the fifteen year as the assessment amount is paid in equal installments. Over the fifteen -year term, the City would collect an additional $810 for administrative costs of the $5,000 assessment with a 2% mark -up. These are very favorable interest rates on the recent bond sales. As the economy rebounds, this rate is not likely to continue. As we consider these projects in 2009, staff believes that a rate of 5.4 %, which is 2.0% above the TIC of 3.4% on the assessment portion of the bonds for 2009A is appropriate. The attached resolution establishes the 5.4% rate for the Castle Avenue and Century Avenue projects that the Council has previously adopted earlier in 2009, and also establishes the rate for the Carsgrove Meadows and County Road D Improvements, where the Council has approved proceeding with the project and assessment costs will be levied in May and June 2009. If the Council considers advancing projects, this rate would likely be applied for that project as well. Staff will follow the policy, in future issues, of using a rate 2 percentage points higher than the True Interest Cost on the assessment portion of bonds. RECOMMENDATION It is recommended that the City Council adopt the attached resolution establishing an interest rate of 5.4% for assessment on our 2009 Projects. Attachments: 1. Resolution Packet Page Number 42 of 189 RESOLUTION ESTABLISHING INTEREST RATES FOR 2009 PROJECTS WHEREAS, the City Council has previously adopted a resolution establishing the assessment rate for Improvement Project 03 -15, Century Avenue Improvements, and WHEREAS, the City Council has previously adopted a resolution establishing the assessment rate for Improvement Project 08 -12, Castle Avenue Improvements, and WHEREAS, the City Council will be considering levying assessments consistent with MS 429 for Improvement Project 08 -10, Carsgrove Meadows Improvements and Improvement Project 08 -20, County Road D Improvements, and WHEREAS, the City staff have reported that bond sale, hereby referred to as Series 2009A at an effective True Interest Cost (TIC) of 3.398 %, and WHEREAS, the City staff have reported that a reasonable administrative fee of 2.0% is justified for the administration of the said property assessments for said projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the said improvement projects shall hereby by levied with an effective assessment rate of 5.4 %, which shall reflect a reasonable administrative fee of approximately 2.0% above the TIC for the assessment portion of the Series 2009A bonds. FURTHERMORE, it is hereby established to be the policy of the Maplewood City Council that all future improvement projects shall be levied with a 2.0% administrative fee above the TIC on the assessment portion of the bonds to be sold for said improvement project unless specifically adjusted by resolution of the City Council. Approved this 28 day of May 2009 Packet Page Number 43 of 189 Agenda Item K2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Deputy Public Works Director /City Engineer Steve Kummer, Staff Engineer SUBJECT: Castle Avenue Improvements, City Project 08 -12 Resolution Adopting Revised Assessment Roll DATE: May 20, 2009 INTRODUCTION On May 11 th, 2009, the city council approved a resolution for the adoption of the Assessment Roll for the Castle Avenue Improvements, City Project 08 -12. There were a total of six objections received prior to the close of the hearing and city staff's recommendations for action on the six objections are provided for the council to revise or confirm the final assessment roll for the project. BACKGROUND The proposed assessments were submitted to the city council for adoption at the May 11 2009 council meeting. Residents and owners were provided with the required 14 -day advanced notice of the city's intent to levy the assessments, and the residents were required to file a written notice if they objected to the assessment amount. Following are those with written objections and those who spoke at the assessment hearing: 1. Terry Warner, 1998 Castle Avenue (PIN 11- 29- 22- 31- 0060): Mr. Warner is requesting a senior citizen deferment of the proposed assessment. 2. Jack Swenson, 1930 Castle Avenue (PIN 11- 29- 22 -31- 0073): Mr. Swenson is requesting a senior citizen deferment of the proposed assessment. 3. Nebyelul and Bobbie Hagos, 1988 Castle Avenue (PIN 11- 29- 22- 33- 0059): Mrs. Hagos requested at the 5111109 council meeting that the proposed assessment either be revised or deferred due to financial hardship. 4. Terryl Gordon, 2294 Castle Place (PIN 11- 29- 22- 31- 0094): Mrs. Gordon requested at the 5111109 council meeting that the proposed assessment either be revised or deferred due to financial hardship. 5. Arthur Engstrom, Trustee, Goodwill Property, 2250 White Bear Avenue (PIN 11- 29- 22 -33- 0051): Mr. Engstrom is requesting a revision to the proposed assessment on the property. 6. Dennis Klohs c/o of Richard Craven, Owner, Central Lakes Properties, New Horizon Academy Property, 2251 Van Dyke Street (PIN 11- 29- 22- 33- 0005): Mr. Klohs, on behalf of Richard Craven is requesting a revision in the proposed assessment on the property. Packet Page Number 44 of 189 Agenda Item K2 Recommended Adjustments The following actions are recommended by staff for the objection requests: 1. Terry Warner, 1998 Castle Avenue (PIN 11- 29- 22- 31- 0060): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 2. Jack Swenson, 1930 Castle Avenue (PIN 11- 29- 22- 31- 0073): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 3. Nebyelul and Bobbie Hagos, 1988 Castle Avenue (PIN 11- 29- 22- 33- 0059): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 4. Terryl Gordon, 2294 Castle Place (PIN 11- 29- 22- 31- 0094): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 5. Arthur Engstrom, Trustee, GoodWill Property, 2250 White Bear Avenue (PIN 11- 29- 22 -33- 0051): Grant revision to the proposed assessment based on the resulting lineal front footage of the property after the land purchase by the City. The proposed assessment amount is now based on a lineal front footage of 83.68 lineal feet x $120.00 per LFF = $10,041.60. 6. Dennis Klohs c/o of Richard Craven, Owner, Central Lakes Properties, New Horizon Academy Property, 2251 Van Dyke Street (PIN 11- 29- 22- 33- 0005): Grant revision to the proposed assessment based on the resulting lineal front footage of the property after the land purchase by the City. The proposed assessment amount is now based on a lineal front footage of 118.48 lineal feet x $120.00 per LFF = $14,217.60. BUDGET IMPACT The proposed assessments would be reduced from $237,100 to $236,070; $1,030 less than originally proposed. With the 13% savings from the engineer's estimate from the construction contract, staff is not recommending further adjustments to the overall project budget at this time. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Adoption of the Revised Assessment Roll for the Castle Avenue Improvements, Project 08 -12. Attachments: 1. Resolution: Adoption of the Assessment Roll 2. Assessment Roll 3. Location Map Packet Page Number 45 of 189 Agenda Item K2 Atttachment 1 RESOLUTION ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on May 11 2009, the assessment roll for the Castle Avenue Improvements, City Project 08 -12, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, eleven property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Terry Warner, 1998 Castle Avenue (PIN 11- 29- 22- 31- 0060): Mr. Warner is requesting a senior citizen deferment of the proposed assessment. 2. Jack Swenson, 1930 Castle Avenue (PIN 11- 29- 22- 31- 0073): Mr. Swenson is requesting a senior citizen deferment of the proposed assessment. 3. Nebyelul and Bobbie Hagos, 1988 Castle Avenue (PIN 11- 29- 22- 33- 0059): Mrs. Hagos requested at the 5/11/09 council meeting that the proposed assessment either be revised or deferred due to financial hardship. 4. Terryl Gordon, 2294 Castle Place (PIN 11- 29- 22- 31- 0094): Mrs. Gordon requested at the 5/11/09 council meeting that the proposed assessment either be revised or deferred due to financial hardship. 5. Arthur Engstrom, Trustee, Goodwill Property, 2250 White Bear Avenue (PIN 11- 29- 22 -33- 0051): Mr. Engstrom is requesting a revision to the proposed assessment on the property. 6. Dennis Klohs c/o of Richard Craven, Owner, Central Lakes Properties, New Horizon Academy Property, 2251 Van Dyke Street (PIN 11- 29- 22- 33- 0005): Mr. Klohs, on behalf of Richard Craven is requesting a revision in the proposed assessment on the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Castle Avenue Improvements, City Project 08 -12: 1. Terry Warner, 1998 Castle Avenue (PIN 11- 29- 22- 31- 0060): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 2. Jack Swenson, 1930 Castle Avenue (PIN 11- 29- 22- 31- 0073): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 3. Nebyelul and Bobbie Hagos, 1988 Castle Avenue (PIN 11- 29- 22- 33- 0059): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. 4. Terryl Gordon, 2294 Castle Place (PIN 11- 29- 22- 31- 0094): Grant deferral of assessment subject to the receipt on the necessary documentation to be approved by the City Engineer. Packet Page Number 46 of 189 Agenda Item K2 Atttachment 1 5. Arthur Engstrom, Trustee, Goodwill Property, 2250 White Bear Avenue (PIN 11- 29- 22 -33- 0051 ): Grant revision to the proposed assessment based on the resulting lineal front footage of the property after the land purchase by the City. The proposed assessment amount is now based on a lineal front footage of 83.68 lineal feet x $120.00 per LFF = $10,041.60. 6. Dennis Klohs c/o of Richard Craven, Owner, Central Lakes Properties, New Horizon Academy Property, 2251 Van Dyke Street (PIN 11- 29- 22- 33- 0005): Grant revision to the proposed assessment based on the resulting lineal front footage of the property after the land purchase by the City. The proposed assessment amount is now based on a lineal front footage of 118.48 lineal feet x $120.00 per LFF = $14,217.60. B. The assessment roll for the Castle Avenue Improvements, City Project 08 -12, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years for residential properties and 8 year for commercial properties, the first installments to be payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2009. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than November 1s 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 28 day of May 2009 Packet Page Number 47 of 189 N N E ai E CU cu -0 < z C:) o o 0 0 0 CD CD CD 0 (D OOOOCD CD CD CD CD CD CD CD CD CD CD I.- (n C D 0 00 I` CO N (0 - - �r C> C) . . C) . 0 . 0 . 0 . C) . LO . LO . LO of to . LO . LO . LO . LO . LC) . LO . to . LO . to . LO . 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This action was the first step in moving the document forward to ultimate adoption and therefore, to become the policy direction of the city over the next ten years. The next step in the process is for the city council to approve the draft 2030 Comprehensive Plan. Upon approval, the document will be submitted to the Metropolitan Council for official review. The city council is free to make revisions to the document during this time and up to final adoption of the plan, which occurs after the Metropolitan Council provides its comments to the city. i • At its last meeting on May 11, 2009 the council discussed the conversion of the future land use guide along highways 61 and 36. Currently, the adopted comprehensive plan has guided the nonresidential properties along those corridors Light Manufacturing. The proposed 2030 Comprehensive Plan is guiding those same properties as Commercial. The city council tabled the decision to submit the draft plan to the Metropolitan Council until its meeting on May 28, 2009. DISCUSSION At the council's last meeting, much of the discussion centered on the guiding of nonresidential parcels along highways 36 and 61 for commercial use. Concerns were raised about light industrial uses not being permitted or only being permitted as a conditional use. There were also concerns raised by a resident on the appropriateness of the commercial guide along Highway 61 — specifically south of County Road C East and west of the park- and -ride. A map of this area is attached to this report. Commercial Future Land Use Guide When the planning commission made the recommendation to guide nonresidential parcels along highways 61 and 36 Commercial it was also important to the commission to permit light industrial uses within the Commercial guide to ensure the types of uses currently found along the corridors would be allowed into the future. The commission recommended adding the language "Light industrial uses are also allowed in this classification with Conditional Use Permits." The re- guiding was not intended to change the character of the corridor or to restrict the types of uses currently allowed. The Commercial future land use designation definition is included here for your reference and can be found on page 5 -16 in the draft plan. Packet Page Number 50 of 189 Commercial The Commercial classification includes a wide variety of commercial land uses. The City may allow high - intensity uses in this area, subject to performance guidelines. This classification could also provide areas for offices and related uses together with supportive, low- intensity commercial uses, such as clinics, child care facilities, and smaller retail uses that cater to convenience shopping. This land use classification will also work to provide for a transition between high - intensity commercial uses and medium and high - density residential districts. Light industrial uses are also allowed in this classification with Conditional Use Permits. Staff recognizes that the last line of the Commercial designation definition may not be strong enough in its intent to allow Light Industrial uses. Staff would recommend replacing the last line with the following language: "Light industrial uses which accommodate manufacturing, processing, warehousing, and research and development are also allowed." The Comprehensive Plan does not and should not get into detail on which specific uses would be considered "permitted" or "conditional" uses. That is determined by the zoning code which is to be updated after this plan is adopted. This is how the relationship between the currently adopted comprehensive plan and zoning code is structured. The comprehensive plan gives the broad overview guide as to what types of uses should be dispersed throughout the city. Then the zoning code follows that guide to determine what uses should be considered permitted, conditional or prohibited as well as what other types of standards, guidelines and regulations need to be included. It would be the city's intention to ensure that the zoning code update reflects the types of uses currently allowed along highways 36 and 61 while also working to serve the best interest of the corridor moving forward. Parcels south of County Road C East Maplewood resident James Nygard addressed the council stating his concerns about the guiding of nonresidential parcels along Highway 61 as Commercial. He specifically was concerned about parcels near his home, south of County Road C East and west of Highway 61 and the park- and -ride. A map of this area is attached to this report. Mr. Nygard stated that his preference was to see the parcels in question stay guided as Light Industrial. Staff contacted William Keefer who is the owner of the three parcels. Mr. Keefer indicated to staff that it is his preference that the three parcels be guided Commercial. He felt that the parcels were properly located for commercial -type development. Mr. Keefer also stated there are no plans now or for the foreseeable future for development but when development occurs it is his preference that it be Commercial. It is staff's recommendation that the three parcels be consistent in guiding with the other nonresidential parcels within the corridor. It also should be noted that the three parcels currently have split zoning. The west halves of the parcels are zoned Single Dwelling (r1) and the east halves are zoned Light Manufacturing (ml). As part of the zoning code update staff has identified those parcels as being inconsistent and will be looking to have a single zoning designation applied to each of the parcels. Mr. Keefer also indicated he would prefer that each of the parcels have a single zoning designation. Packet Page Number 51 of 189 Recommended Added Language During the comprehensive plan discussion Mayor Longrie recommended that the following language be added to the draft comprehensive plan. • Adding "net" to any reference of acres or acreage to help clarify the conversion from gross to net acreage. • Within the Housing chapter, on page 4 -8 adding "Building within the character of the neighborhood when new construction /redevelopment occurs." This statement would be added to the list of neighborhood quality policies. Within the Transportation chapter, on page 8 -8 adding "Bike routes should be off - street, however when not feasible, streets should be designed for safe bicycle passage under all conditions, including wide shoulders, no bump -outs, clearly striped, signage for bicycle awareness, clearly marked intersections where trails cross roads, and trimmed vegetation at intersections." This statement would be added to the list of goals for designing sidewalks and trails. Staff will add the recommended language at council's direction to the plan when the council approves submittal of the plan to the Metropolitan Council. The additional language will be included in the draft version submitted to the Metropolitan Council. NEXT STEPS Once the plan is submitted, the Metropolitan Council can take up to 120 days to complete its review. The Metropolitan Council may request to extend the review period another 120 days, but only if Maplewood agrees to the extension. Once the Metropolitan Council submits its comments to the City of Maplewood, staff will bring the document back to the city council for official adoption. As required by Metropolitan Council, the City of Maplewood has nine months after final adoption of the comprehensive plan to update its official controls to ensure compliance. Last fall, the council did approve a resolution requesting an extension to submit the draft comprehensive plan to the Metropolitan Council by May 29, 2009. The extension was granted. Staff will be able to submit the draft plan to the Metropolitan Council on time if the council approves the plan for submittal at its May 28, 2009 meeting. RECOMMENDATION Staff is requesting the city council approve the draft 2030 Comprehensive Plan and authorize staff to submit the update to the Metropolitan Council. P:comp plan \CompPlanSubmittal_052809 Attachments: 1. Map of parcels near Highway 61 and County Road C East 2. Draft 2030 Comprehensive Plan (Separate Attachment) Packet Page Number 52 of 189 Attachment 1 z-< �o ■00 CD a U C� D Q O � N � (D Q CL O lu O Z W E p CS to F I L na) Fn W y i • a • s -J i s Packet Page Number 53 of 189 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 54 of 189 Agenda Item L1 MEMORANDUM TO: FROM: SUBJECT, PROJECT LOCATION DATE: James Antonen, City Manager Michael Martin, AICP, Planner Conditional Use Permit Revision Minnesota Waldorf School 70 County Road B East May 18, 2009 INTRODUCTION Project Description Melinda Lopes, of the Minnesota Waldorf School, is proposing to replace a temporary classroom building with a permanent structure and to build additional space for administrative purposes. The permanent classroom building would be 7,338 square feet and would replace the temporary building which is 3,432 square feet in size. The proposed additional office space would add 710 square feet to the main building. The design of both the new classroom building and office addition would be consistent with the existing facilities. Please refer to the applicant's letter attached to this report for more information on the school's approach to design principles. Also attached to this report are building elevations for the proposed structures and the proposed revised site plan. BACKGROUND August 23, 1999: The city council approved a CUP for a school and a comprehensive land use plan change from BC (business commercial) to S (school). October 9, 2000, November 13, 2001, December 23, 2002 and December 22, 2003: The city council approved one -year time extensions for the CUP. February 14, 2005: The city council approved an indefinite approval for the CUP and stated that the permit would only be reviewed if a problem arose. Requests Ms. Lopes is requesting city approval of: 1. A conditional use permit (CUP) revision to build a permanent classroom building, add additional office space to the existing building and amend the site plan. The city code requires council approval of a CUP revision for an owner to expand or revise a site for which a CUP exists. 2. The site and building design plans. DISCUSSION CUP Revision The proposed site revision with the addition of the permanent classroom and additional office space will meet the requirements for a CUP. It should not have any negative impact on the adjacent residential neighborhood and in fact the site should be improved with the replacement Packet Page Number 55 of 189 of a temporary building with a permanent structure Proposed Building Design and Site Plan The proposed classroom building will be built in the same general area as the existing temporary building in the southwest portion of the site. The architecture of the building will be similar in character as the main, existing school building. The applicant's plans indicate that the materials will be similar as to what exists currently on the main building. The two new office space additions to the existing main school building will be built in existing recesses and will use similar materials and be consistent in character as the rest of the building. The only change to the photometric plan occurs in relation to the new, permanent building. The photometric plan for that building indicates it is in compliance with city code. The applicant's site plan shows that several existing structures are to be removed. The structures to be removed include three wood sheds, a brick oven, and a chicken coop that would be relocated to the south side of the existing main school building. The plans also show a revision made to the paved area on the southwest side of the school building. The amount of impervious surface would be reduced. The reduced impervious surface would result in the loss of one parking space. Parking The site currently has 83 parking spaces on site — 79 standard stalls and four ADA accessible stalls. There are no specific parking requirements for schools. The applicant has indicated that they feel there are adequate parking facilities on site. At staff's suggestion the Minnesota Waldorf School completed a parking analysis detailing the use of its parking facilities for a typical week, from 8 a.m. to 5 p.m. The results of that survey are attached to this report. For larger events held at the school the Minnesota Waldorf School has been using parking lots at the neighboring Tri- District Elementary School as overflow. Kristine Black, principal of the Tri - District Elementary School, has indicated to the city that Waldorf has permission to use its lots for overflow during events. A letter from Ms. Black is attached to this report. DEPARTMENT REVIEWS Police Department's Comments Lt. Mike Shortreed, of the Maplewood Police Department, had the following comments on the Waldorf's proposal. • Adequate outdoor lighting should be incorporated into the project in order to assure that visibility at all entrances /exits as well as around the facility are appropriate and does not provide for darkened areas for people to loiter without detection. • Adequate signs should be provided in order to readily mark all entrances /exits at the facility. • Construction site thefts and burglaries are a large business affecting many large construction projects throughout the Twin Cities area. The contractor should be encouraged to plan and provide for site security during the construction process. On- 4 Packet Page Number 56 of 189 site security, alarm systems, and any other appropriate security measures would be highly encouraged to deter and report theft and suspicious activity incidents in a timely manner. Fire Marshal's Comments Maplewood's Fire Marshal Butch Gervais had the following comments on the Waldorf's proposal. • Fire protection installed per code • Alarms installed per code Building Official Comments Maplewood's Building Official David Fisher had the following comments on the Waldorf's proposal. • Provide a complete building code analysis when the plans are submitted for construction. Use the 2006 IBC and the Minnesota State Building Code. • A separate demo permit is required to raze the existing school. • A separate permit is required for remodeling the existing school. • The owner is required to obtain a Minnesota registered design professional for all aspects of this project. • Must comply with the Minnesota State Building Code • Verify the Fire Department has access around the site and adequate fire hydrants. • The school is required to have a fire sprinkler system and fire alarm. • All modular construction is required to be IBC labeled per the state building code. • Provide accessible parking. • Provide address numbers on the building. • Recommend a preconstruction meeting. City Engineer's Comment Steve Kummer, staff engineer, provided comments summarizing his review of the proposal. Please refer to Mr. Kummer's memo attached to this report. 3 Packet Page Number 57 of 189 Environmental Planner's Comments Shann Finwall, environmental planner, has indicated that the proposal meets and exceeds the city's tree replacement requirements. The Minnesota Waldorf School's proposed site plans show the removal of three existing trees — totaling 52.75 caliber inches. Code would require the planting of three trees with a minimum of 2 caliber inches. The landscaping plans indicate that 14 new trees will be planted. Ms. Finwall indicated that there are no slope concerns in relation to the new structure and that it meets code requirements. It is suggested that the applicant consider fencing in this area to help protect the slope. COMMITTEE ACTION On April 7, 2009, the planning commission held a public hearing and recommended approval of the proposed CUP revision for the expansion and remodel. On May 12, 2009 the community design review board recommended approval of the proposed site and design plans for the expansion and remodel. RECOMMENDATIONS A. Adopt the resolution attached to this report. This resolution revises a conditional use permit revision for the Minnesota Waldorf School at 70 County Road B East to build a 7,338 - square -foot classroom building to the existing school site and to build office additions totaling 710- square -feet to the existing main building. 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): All construction shall follow the site plan approved by the city, date - stamped April 7, 2009 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If a parking shortage develops, the property owner shall provide more spaces, subject to approval by staff of a revised parking layout. 5 rinrlin;;to R ` 5-f 4At_1A4i Io WPtIRAd hi lffor aAcomoAt Arne -Ad tha WPt1 ;;Ad to the City of Med. 6. aAqt;;1 Continue to maintain permanent signs around the edge of the wetland buffer easements. These signs slaa4 mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. G H Packet Page Number 58 of 189 7. city engineer's approval B. Approve the site plan date - stamped April 7, 2009, and the building elevations date - stamped March 20, 2009, for the 7,338- square -foot classroom building to the existing school site and to build office additions totaling 710- square -feet to the existing main building at 70 County Road B East. 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. b. Submit to city staff a cash escrow or an irrevocable letter of credit for all the required work. The amount shall be 150 percent of the cost of the work. 3. Provide continuous concrete curbing around all proposed parking and drive areas. 4. The trash - dumpster screening requirement is waived unless the dumpsters would be visible to the public. In that case, an enclosure shall be provided using the same materials and color as the building. 5. An inground lawn- irrigation system shall not be required because of the remote nature of this site. 6. Ensure that site is in compliance with ADA requirements for handicap parking spaces and that spaces have correct signage. 7. Satisfy the requirements set forth in the staff report authored by Mr. Kummer, dated April 16, 2009. 8. Satisfy the requirements of the building official, fire marshal and police department, as stated in this report. 9. All work shall follow the approved plans. Planning staff may approve minor changes. 10. Applicant shall submit exterior building samples to staff for approval. 5 Packet Page Number 59 of 189 CITIZEN COMMENTS Staff surveyed the 17 property owners within 500 feet of the Minnesota Waldorf School for their opinions about this proposal. Staff received four replies. The comments are below. In Favor The plan enclosed sounds good! I have no objections to this proposal. (Hilltop Dental, 50 County Road B East) Waldorf is a wonderful neighbor — it is my opinion they should get a revision so it can replace and expand. Thank you. (Christensen, 140 County Road B East) I own the commercial property across County Road B; seems like no impact to me. (Acorn Property Management, 71 County Road B East) No Comment No Comment (Peck, 120 County Road B East) Packet Page Number 60 of 189 REFERENCE INFORMATION SITE DESCRIPTION Site Size: 8.2 acres Existing Use: School SURROUNDING LAND USES North: Businesses across County Road B East East: Houses across railroad right -of -way South: Tri- District Elementary School and Sandy Lake across the railroad tracks West: Tri - District Elementary School and Hilltop Dental Clinic PLANNING Land Use: School (S) Zoning: Business Commercial (BC) Conditional Use Permit Ordinance Requirements Section 44- 1092(3) requires a CUP for educational institutions. Findings for CUP approval Section 44- 1097(a) states that the city council must base approval of a CUP on nine standards for approval. Refer to the findings in the attached resolution. Design Review 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. 7 Packet Page Number 61 of 189 Application Date The city received the completed application for a conditional use permit revision and site and design plans approval on March 20, 2009. The initial 60 -day review deadline for a decision was May 19, 2009. As stated in Minnesota State Statute 15.99, the city is allowed to take an additional 60 days if necessary in order to complete the review of the application. Based on the revised meeting schedule to review this application, the extended deadline for the City of Maplewood to complete the review and take action on the request is July 20, 2009. The applicant was notified of the extended review deadline by a letter sent on May 6, 2009. P: \SEC18\ Waldorf\CUP Revision_ 031309 \CC_052809 \Waldorf CG 052809.doc Attachments: 1. Location Map 2. Zoning Map 3. Future Land Use Map 4. Applicant's Letter 5. Applicant's Parking Survey 6. Letter from Ms. Black (overflow parking at Tri- District Elementary School) 7. Mr. Kummer's Engineering Report, dated April 16, 2009 8. Architectural Site Plan, dated February 9, 2009 9. Landscaping Site Plan, dated March 9, 2009 10. Conditional Use Permit Revision Resolution 11. Planning Commission Minutes, dated April 7, 2009 12. Community Design Review Board Minutes, dated May 12, 2009 13. Applicant's Plans (separate attachment) 14. Applicant's Landscape Plans (separate attachment) N . Packet Page Number 62 of 189 Attachment 1 Figure One — Location Map City of Maplewood NORTH March 19, 2009 Packet Page Number 63 of 189 Revision and CDRB Review Attachment 2 Waldorf School — Request for Conditional Use Permit Revision and CDRB Review Figure Two — Zoning Map City of Maplewood NORTH March 19, 2009 Packet Page Number 64 of 189 Attachment 3 Waldorf School — Request for Conditional Use Permit Revision and CDRB Review rl W t NORTH :3 E3 ::n C3 1 Z: _F7 Figure Three — Land Use Map City of Maplewood March 19, 2009 Packet Page Number 65 of 189 Attachment 4 9, 2009 ISIO CotmlN Road B 1'ast ,N larle\wod. N IN � I()Q RL:` Coodifiol Des]L�jl "It Collditiolill I, se AolclldllieIll f t Mimic"ota Adorj'Scliool, 70 I ast Cotmt\ Road 11, \Japles Mijmc�ota S5 'I 7 Dc'm Roard Mt m� Hh: WIlICSOLa %VIILION' SCII001, %ciIS CsLlbliSJMJ ill 1 1981 10 SL11)[M the 0I' aldod CdLICJ U Oil ill the hkill CiliCS� 1' ils elablishocill die scliool 11as kjox�ii iiod dc TI1C C011til-Wed 1>lsodl 01'tl�lc zl� - llolleSOUI WJ11.101 SC11001 lcd to the pul ol its Currelli % nropert% ill 1,1 p)q(), iffld I lllo\e tillo its CUITC111 J'CUCH'tieS IIIIUaV\ 2 001 . S "oot 'Il 'Illo f i o 11' 11 �1 -� 1 illo\ I l -- I dic lie\\ I"Icilities- it hec;imc that 'Iddill occcled alid the !our lipper 1- were illovCd to a portable littildii oil IIIC SOLItfil porOoll of the site. As the scilool llas Coon lluCd to Uff(o\' Ill its IIC%\ I)OHIC! Mid S t LIC 1,21't .111 tiI 1;ictlb lilpi~<c liaid the to Ike ilito flicil Cul I'l 3t llas u ll\ hccolile tq)paretll dial the cxls[ilig I".1611nes do ]lot Illik mcet illcir perillgo mlcl 111termil re% ;ck\ prod 2 Ilas beeti litiderway I'Or several \'cl-ffs io bcst ciczerimile 11OV, to proccci-E Ails Ilan led to it detalk:d illastcr I)FOCCSS allld a I`imlllcill process, Ill 0132 ! 111 2008, ti-lis dctailed aiialysis Of the scl iiecds iIod hil,mci€ii capLtHktics led to the ldci Of tiliVe dl Of \kork Ilecess"11-N Door tIlk: CIIOOI to COWHILIC MCClilliI its 1-'0LIIS f(V the CUUWC� HICSC Mv: To the ielllporary upper trades Classroom tN ]Ill a pet StRACTLUIV. I'll reor-alll/e the Ilse of space N011M dic Cmistol'- scilool t"'Icilltics to t111 e advalli'lue cif avlilablc I o ildd icverjl jdIllijilsil"'111011 OFI1CCs dIsPkiCed 1W ti'JS Iliterflill I ol "M Io expat�td the sprillideriiig ol* the Celit]"'ll portion ol the vm till:- 111CIliT it) ,IICOUIPZIS the Ciltil fllcliity. Q T C) �N �N Packet Page Number 66 of 189 In N%lic"ing the hchoid operating Yruclurc. a series ol' obiorwOns aW rec011ullendiarons "crc made regarding ho" these p1-41vosal Scild; chang , cn coAd hev be rnilde We at to salue We inakYng 11 hor the school to coluillue its da,—to- ikn, actin il ics, Nlost critical in this linicess is that the planned lilci I hics \N i I I i cplaco NYWC that is used hl progyrallis currently in qvrwrtion. Thus. the SCIlOO] MUS1 replace the Current INWUMIC Liassrocans and note lilt ddicatforls and Knor acklidons to the cOming scW dw% the suminer break so that the lost classroom spaces area roplaced and operathnol & the heuirminu of the 2(A)9-201 () schold year, Corning OUt of this reN ic" and nolster planning ymwess. dw schmA is m"% aMA; 02 to nmkc dw WHowing, chmgcs in As iuchities to meet these hmnshme gwiln: * Rornow the exIsOng portable classalorn Inlikling sluthalst oF to qWn sAk& NO I d i n as old replace i xx i Q a permanent the i 1i ty: * Acki hso nets" ollice areas into Lxistilln recesses in the north lace or ,Ilc �'Xr�anlg, n1will scl facility: * lAwnded the spl s� stem in the mrin buddine to co\ or the balaricc of di existriu ruain school building. Sprinkliors xN ill also he inCILICICd in the 11Ct\ MCilk\ that rCl1IaCC`, tile portable ClaSSI and * Fo wdunce the Wiscapc in the areas or these addition, and FCllMa?,aalS l() meet the scW14 kmw lumnifes"n goals. As part of the overall rcvWw\ of dw Aw and its facilities tile dcsig'll principles kkcre I'CeOelli/cd and rcconfirmcd: • 11ot the structm coluinuo to reflect the rum! - harul" characicr of the Viinlic',ola landscap, an important xpect ofthc current building do"if- • I hat Wthin this owrail - %ernacular"' 15017111 Ofal the unaltic churm:ior of the \1 akkgr pedagogical needs or the schmirs programs he nwt " ith tits wN that integrate this character with integrity vaid • I hat the builihngs need to reNwut WS inicgrh to the Site and tile Qnvironlucrn. ( K panicukw concern is the pro;wr worganizatiorl. olnied no of hwil Arcs dot are vnmd in TO rda&msWp Io Me envinmnfllCnt and LISC, !be accornpanQu Whims all site desn have been developed %\ hit these deshil principles in millet, 11 RwUwr wbalwe these design diwcvivcs to lurid app design has been LOVIOPOI around the use o0adve plan species, nrld the culAuRn oFlandscapo areas than reflect the - pmiric" naltwe or the imhgcnous lalrdscape. I he WHo"inu hems address specific aspect OfflIC ('( T \311CHLIFnent .Hld ('01111lUouN 1 )Csign IN\ ON\ lor this proposed pllqect: Packet Page Number 67 of 189 Parki ' I raf'fic Managenicts I his :Mplicat0i, arises OL11 ol'the iwud to pn" ido new Whies Or exiOng Naool pioginvais. not to add ne" Ivogranis. AS SUch lie scimml Iris nHvQ a daillal anQ On of Wile 1ti ". anal failing derivitids am a 6, c da\ period in a typical sch4al "cal o 1 We pali np counts haz Rai Calve n on an Maly basis. except during the Intl, hop-of ath,l Pickup line in the morning and anenuicm. 810 h) 805 am witl 3:20 to 5:35 pin. In We PCIVOLIS the cows "as made at horhow WaN als, I'lic chart ofthese ptaking counts is prm. hied as,Appcndix A to this letter. I Whig cc mpicled this detailcd parking anal"is, the Myrol ban rmonlinned tha the anaksiti pmparcd for the orignial facility is still working and nceds no achusuncrits \\ all dw Wond modificath"is. At timsent there arc S spaces on sic: W) suindard galls and 4 AM accesslIc smHv 10mi Me accompanying dctllcd imallAin it is cical ka UmnyNnit ah al I Ivrimk of We dq . le eximh:q pal AT kqs are only muhmal 1� in on. At Me liCa% rest Use IiIIICS, file masiniurn nuniber of car:; [)earl & K hci"vcn 4 and 62 cars. lan &a a minimmrn of 21 space open and, ao, ailallc Cot I lical, usc liinu In adAtion to this ongoinu dai Iv use thCt'C are Scn Cral imics durkim die \ am " hai We sclaud holds larger cNvnam lkving these perio(f,, oinlo" porTht! N pin kied mi die 1mver nuld hrimediawl, cam of the entry gav on (Anmi; Rowd It A curb cw is hidt Wo ific cm Ai This area In Whaic We use of the field at these tinns. In aidnion, the school has a Wtvial aurazinent n iTh the adjacent I larranitice School to acaanniodad ann o\ Moe, purbu nouthic to be pnnAkd for on site. copt of the Lq- he Sent the MWwa \Valdorl'Sclalol and We I larivirinke SSW is pm, ales as Appcndl\ M I rcC '�Llr\ Q As dic fins used nc"A"wk NPKLCS cKiing toupt"Ary varuciums and pat,cm,mt 11v W io he rcrnoccL there is little Aspect on existin"� 7 pLintine or trees arlicipatut "on ow "(0, I coNca-co under this application. I lie nee, work \Nill revolt in Hic has N'thme ac": A ds mernmCd Wer Birch (Bctulo ilt Ist- 15" 0111 L 'ird - 8 5" Mil 1, rd - 5" INU I A ("reen :V"ll (Ff 1125" 1)131 A ( n ASII l FIWX1171!.� YJCHVIzsl 1 2 " 131311 We woes am k)caWd on We ch it en0necring dommicrus. His makes Q 57.75 W tool! ,igniliwtnt healthy trees to be ranoW. Ibis is well hchni the MOW of 7IM or' vignihaint uve diarnewr inches on the she. As SUCK ne are rcquired to roplace I mcc of a ruirrimmin of 2" calowr per nve ren or a ahnitnUM ol'3 tre'e's. ['be ltaidseaptc plans acconipai ing t s0ndumn arc Calling finr the addhion (a 1-4 net st Packet Page Number 68 of 189 MOW Qpaj - ITIAO In the nordwastoorn conor ofthc SO a wetkind area has [)Cell lllapiled ind is CLHTC[ltl\ erichiscd is pan of the origimd planning process felt - the eX istale- bLu ldnit! ;, HIC C It 1SCSt pt"111 Odle existing buildhigs is approximately 460 feet anxart Irono the rrcareSt Co4-'e (11 INS "Umd amw 11w rnijority orthe pr INised construaitil is to rcl tile C\istint� Inulable NOW vs Mich are WSW on the opposite We of die exisdrig inlillng. aws,, Wirn the KoRnWICCI V,C11and was. ;\S SLWII the nia , Why of the "ork prilyned umOr ON applicathin is located at,�av from. and shielded froril the VtC11audS IIX the eXiStill,"� Structures, It is anticipated that there "ill be sonic runtrif JhHn t he Auned ncx\ F)Uildinl2S, Sonic of this runoff "W find As way Inttl the storni seNNer systern, "Wh IS URAMILM discharged to Me "&W I loweven as there is an appl'ONininte equity afent inumill A irrincl owl More and other corripletion ol'the work. no illlpotct on the xwelhial is anticipated: In addkbn. as snindl arca ill WTice is to he added Oil the \Wfland Side ofd CNiSdng� hUfltfin,"S. I lIeSe "ill MAH 1%0 Mail recesses it) the exisiiro I)Uddin4�- T110 total an aWon oToNwt 7W) R;T and tare SLUTOUIXIed (in We SO by We existing StoliCtW Thk small WEt area nuduains the acneralh, oxisfing, ininkiturr scMack lhun the "Mand wroun ound \N dI lion o: a \ aw Writs Anpact tin the kindscalwd area on Me " cdw& side oC W wking sin-reture. Please refer tta the IWILIS"WC PILIFIS AW LICKIS OCHIC We WOrk in dWo alFea Oi'thc proposed \kork. project phoitwiioriws AH eAsting patting and paved areas for this rwolmised vv ork are already in pkwc on Aw No chan, an: proposed no Adwr the she lWhOng tw the meriol paved areas eo\ C1 ed In she lip hdriV AS narch the Mkidn.g photornetrics for site figluimg ralimn unchall�Cd under INS amilicarion, Me orih numhfic&on to the exterkur HgWrng ]or this pr 1voscd "ork is the addition of' CM054huillng I ONAT in die sonlit areas ol'o\ crhamp, art the entrances to tile llc\� lkdh\ "hich k to replace We cxisOng pwable Wilding it Me wKwunan corner Wic 'I , he photommRs Aw Use recessed spit hWHs k I Ide as pan of We cis J erquincering doctuncm attached Now ith this applicant. We oust this provides oil over%icv, of proposed owit "nered In WK applwwiml. Now comsat the undersiumcd. Or either the Architect OCRCCOrd OF I)CSil111 COJISLAIIt011 if' ou hax c an, hunher kIUcSUOW Sincerelv, \dnlillistratke Direclor Packet Page Number 69 of 189 Attachment 5 Packet Page Number 70 of 189 Parking Counts Minnesota Waldorf School February 9 -13, 2009 Monday Tuesday Wednesday Thursday Friday 8 a.m. 17 19 18 20 21 8:30 56 47 62 51 43 9 26 33 29 31 27 10 25 34 27 26 27 11 26 31 28 25 26 12 28 32 31 27 25 1 P.M. 27 31 31 25 26 2 28 29 30 26 28 3 26 30 29 24 29 3:30 44 55 47 61 59 4 20 23 15 25 17 5 6 15 4 16 9 Packet Page Number 70 of 189 I I '!I U 11: 1 il 11 1, 1 1 ii M� RM PiWiot 6007 XAAdw;3i As9iS0AdihldASA - - Kxisii,i6 91aLdoo Packet Page Number 71 of 189 Engineering Plan Review — Supplemental Narrative and Comments PROJECT: The Minnesota Waldorf School PROJECT NO: 09 -06 COMMENTS BY: Steve Kummer, P.E. — Staff Engineer DATE: 4 -16 -09 PLAN SET: City Submittal Set: Civil Drawings by Van Sickle Allen Dated 4 -6 -9 COMPS: Drainage Computations by Van Sickle Allen Dated 3 -9 -09 Summary The Minnesota Waldorf School is proposing to demolish and replace an existing classroom building as well as building minor additions to the main building. Some improvements to the parking lot and area sidewalks are proposed. Storm Water Runoff Comments Based on Architectural Drawing A1.2 and the hardscape computations as indicated, the next increase in impervious surface for this project is approximately 350 square feet. The entire project will disturb about 8,000 square feet of impervious surface. The current plan show no appurtenances related to storm water management on the site for the new improvements. Comments 1) The applicant shall mitigate their storm water runoff from the proposed project to infiltrate 90% of the volume of the 9 -inch storm event. The applicant shall provide mitigation based on the following: a. The area to be treated shall be based on the disturbed impervious area (plus the net increase in impervious area. b. The applicant shall infiltrate 90% of the volume of runoff from the 9 inch storm event based on the square foot area of new and disturbed impervious. The applicant may accomplish this through utlizing shallow bio- infiltration swales, rain gardens, or other means to promote infiltration. c. The applicant shall locate storm water infiltration facilities such that all areas of distrurbed impervious are treated accordingly. The applicant may provide extra volume in other areas to mitigate the small additions to the main building. 2) The applicant shall submit infiltration tests of the soils underlying potential infiltration basins. Packet Page Number 72 of 189 Attachment 7 Maplewood Engineering Comments — Waldorf School 4 -16 -09 Page 2 of 3 3) The applicant shall propose a plantinglseeding plan for the required infiltration basins. The applicant may consult the City Naturalist for infiltration basin and rain water garden design. 4) The applicant shall put up an escrow or letter of credit for 100% of the cost of building proposed infiltration measures and shall contact city staff 48 hours prior to construction of the rain water garden. Care must be taken to avoid compaction of bottom area in order to avoid losing the infiltration characteristics of the soil. If the rainwater garden or infiltration basin does not perform as designed, it is the responsibility of the applicant's engineer andlor contractor to correct the problem. The city will withhold all escrow monies, and may coordinate with the city building department to withhold certificate of occupancies for buildings on the development site, until the proper functioning of the rainwater garden andlor infiltration basin is restored. 5) The applicant shall note areas of turf restoration on the plans and specify seed mixes approproate for restoration. Wetlands An existing wetland near the northeast corner of the site has been noted. No direct impacts to this wetland are resulting as part of this project. Comments 1) The applicant shall consider reinforcing the inlet protection detail for all catch basins draining into the wetland areas with a compost log ringing the staked silt fence around the structure. The applicant shall note that the silt fencing is to be trenched in properly prior to construction. Grading, Drainage, Erosion Control and Geometries The general layout of the parking lot grading is from east to west. All drainage is routed overland and concentrates in gutter lines. The drainage is eventually routed to the rain water garden near the southwest corner of the site. Comments 1) The applicant shall insure that the grading of the proposed improvements to the site does not increase flows to adjacent properties. 2) Applicant shall dimension the drive width and typical parking stall measurements. 3) The proposed construction site is located well into the property, so a rock construction entrance is not required given the type of work. However, the applicant shall indicate means for inhibiting construction tracking out on to public roadway (i.e. street sweeper with pickup broom). Packet Page Number 73 of 189 Attachment 7 Maplewood Engineering Comments — Waldorf School 4 -16 -09 Page 3 of 3 4) A note shall be added to the plans: "The Contractor shall contact the City 48 hours prior to any land disturbing activities for inspection of erosion control measures. " 5) The applicant shall apply a minimum MnIDOT Category 0 erosion control blanket to the slope south of the new addition. Sanitary Sewer and Water Servuce The applicant is proposing a private sewer and water service to connect to the sewer system of an existing building. The sewer connection will require a permit for inspection. The water service may require a permit from SPRWS for connection. Miscellanous The applicant shall coordinate tree removals and replacements with Shann Finwall, Environmental Planner in order to comply with Tree Ordinance requirements. Packet Page Number 74 of 189 OWNER: JOINT POWERS SD 6067 PARALLEL WITH THE EAST LINE OF THE NE 114 OF PID NO: 18-29-22-21-0006 THE NW 114 OF SEC. 18, T. 29, R. 22, RAMSEY COUNTY, 64934 & FENC. 650M(R) 77* ... -0m E5 'Zq z 06 c O, M U) 8 Cn �� A�q -A, uHOpE II I E Attachment 8 OWNER: M AND A PROPERTIES LLC o PID NO: 18-29-22-21-0002 69 02 1 01 -q 0 C - - ------- --- - - - - - - - -- ------------ - ----------- - If if & W 33 33 ,q S Nw-- ,q 1140" > Ng q q 450 � 9 1 1 k IV 145 I Z� N� — 0 g 'z > z G) s P z M " 1 5" . 0 K N ' ° -'R i5'g 3 M Z V q * > i� T 'a 9 - F, B z - 3 z a M z X MINNESOTA WALDORF SCHOOL z - z OX 00 om C, g > 0 = G 0 ay z° mop l z I m M 70 EAST COUNTY ROAD B \ ti J - 0 M� t Z> pA ° zK I -M 3 Z > 1. - - - ----------- ---- I M . Z 0 m 1 3 R -I� -4 :z (D S � 1 . - " , 5 M w �o 00 Co O � v 1 01 -q 0 C - - ------- --- - - - - - - - -- ------------ - ----------- - If if & W 33 33 ,q S Nw-- ,q 1140" > Ng q q 450 � 9 1 1 k IV 145 I Z� N� — 0 g 'z > z G) s P z M " 1 5" . 0 K N ' ° -'R i5'g 3 M Z z * > i� T 'a 9 - F, B z - 3 z a M z X MINNESOTA WALDORF SCHOOL z - z om C, g Z ay z° mop l z I m M 70 EAST COUNTY ROAD B J - qz M� t Z> pA ° zK I -M 3 Z > 1. MAPLEWOOD, MINNESOTA 55117 I M . Z rn > Z ITI C: I z o Cn z G) M z 1 331 C C: Z 0 0 11110 0 Project F N ° -'R i5'g 3 > i� T 'a 9 - F, B z - 3 (D a M > I X MINNESOTA WALDORF SCHOOL 0 z < M g > c' > m X 70 EAST COUNTY ROAD B J - > cn z 3 WW 'o N 1� -4 rn > Z ITI C: I z o Cn z G) M z 1 331 C C: Z 0 0 11110 0 0 0 0 Cn M 0 0 M M - 0 s; z Packet P ... N, 75 of 109 Project ° -'R i5'g 3 i� T 'a 9 - F, B z - 3 (D a g - - I > I MINNESOTA WALDORF SCHOOL g > c' > m X 70 EAST COUNTY ROAD B J - cn z 3 WW 'o N 1� -4 MAPLEWOOD, MINNESOTA 55117 0 m 1 3 U;' 3 S -I� -4 :z (D S � 1 . - " , 5 M w �o 00 Co O w 1p By 416/09 CD eD 3 ? 0 M PROPOSED SITE PLAN 0 0 0 Cn M 0 0 M M - 0 s; z Packet P ... N, 75 of 109 Attachment 9 Cn M M Cn 7. f 189 Project U Cn ' 1 . 8 -. ' 9 R. z y ;p ID K :y 2; g - ; - 9. t 7 —7 1 W� K 3 « ® . Z� z > MINNESOTA WALDORF SCHOOL Al (D —3-. 0 Z �2. o Q, M M q'496 ff > e 70 EAST COUNTY ROAD B 2.1 �� . . I = u , () 9 -� 3 Z '3 - 3 0. > > 0 C 3 j 0 MAPLEWOOD, MINNESOTA 55117 a� �� 2 \ (\ S' M \( \ $ ( M 4t \k} M ( ` / m o 0 1/32" 1' By MBB April 6, 2009 -0" >M z Cn C qg a 3 3 x SITE PLAN * r z g M 7. f 189 Attachment 10 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Melinda Lopes, of the Minnesota Waldorf School, is proposing changes to a site with an existing conditional use permit to build a 7,338- square -foot classroom building to the existing school site and to build office additions totaling 710- square -feet to the existing main building at 70 County Road B East. The legal description is: That part of the Northeast 114 of the Northwest 114 of Section 18, Township 29, Range 22 bounded and described as follows: Beginning at the North 114 corner of Section 18 and running Westerly along the North link of said section 660 feet, more or less, to a point; thence Southerly 650 feet, more or less, to a point, thence Easterly on a line parallel to the North Section line 433.5 feet, more or less, to a point in the West right of way fence of the Minneapolis, Saint Paul and Sault Ste. Marie Railway; thence Northeasterly along said right of way fence 527 feet, more of less, to a point where said right of way fence intersects the North and South 114 section line; thence Northerly along said 114 line 180 feet, more or less, to a point of beginning. Subject to public easement in highway, County Road B, on the North side of tract. (PIN 18- 29 -22 -21 -0007) WHEREAS, the history of this conditional use permit revision is as follows: 1. On April 7, 2009, 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 , 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 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. Packet Page Number 77 of 189 Attachment 10 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. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city, date - stamped March 20, 2009 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If a parking shortage develops, the property owner shall provide more spaces, subject to approval by staff of a revised parking layout. 5 Q f Qd O n;;tn 7 75_fl QWA(idP V4Pt1 ;;Ad hi iffnr nAcmmPnt RMI -A d tho 1n4nt1 ;;Ad to the Gity of Mod. 6. Ind Continue to maintain permanent signs around the edge of the wetland buffer easements. These signs s4a-4 mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. Git , staff 6h,n phase of this develepmor*t 1 , ILLEZ The Maplewood City Council this resolution on 1 2009. Packet Page Number 78 of 189 Attachment 11 MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, APRIL 7, 2009 V. PUBLIC HEARING a. 7 p.m.: Conditional Use Permit Revision - Waldorf School Expansion, 70 County Rd B East Planner Ekstrand presented the staff report for this request from the Minnesota Waldorf School to replace a temporary classroom building with a permanent structure and to build additional space for administrative purposes. Commissioner Hess said that in talking with Ms. Lopes of the Waldorf School she said the new plans have reversed the basement plan from the west side of their new building addition to the east side. Commissioner Hess also asked what the proposed number of parking spaces is and if more ADA spaces will be required. Planner Ekstrand responded that the building official reviews parking space issues as part of his building code review process and if more spaces are needed they will be required. Commissioner Trippler questioned whether there would be an erosion problem on the 12- foot slope on the west side of the site. Commissioner Trippler commented on the closeness of the revised building plan to the lot lines and asked staff to make sure that the side setbacks are met. Planner Ekstrand responded that there is no side setback requirement for a building such as this that abuts another nonresidential use. Planner Ekstrand said in a case such as this it is the building code that determines the side setbacks. Mark Asmus was present representing the applicant and explained that he is an architect working with the Waldorf School. Mr. Asmus said the school plans to fence the back play area and hill. Mr. Asmus said there will be a rock garden and dry creek area installed to address the surface water runoff. Mr. Asmus said they have added pervious surface and reduced the bituminous overall from the site. The public hearing was opened for comments from the public; there were no comments. The public hearing was closed. Commissioner Trippler moved to adopt the resolution revising a conditional use permit for the Minnesota Waldorf School at 70 County Road B East to build a 6,850- square -foot classroom building to the existing school site and to build office additions totaling 710 square feet to the existing main building. 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. All construction shall follow the site plan approved by the city, date - stamped April 7, 2009 Packet Page Number 79 of 189 Attachment 11 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. If a parking shortage develops, the property owner shall provide more spaces, subject to approval by staff or a revised parking layout. I 6. i nstal Continue to maintain permanent signs around the edge of the wetland buffer easements. These signs s-ha# mark the edge of the easements and shall state there shall be no mowing, vegetation cutting, filling, grading or dumping beyond this point. ... = r be ` �- Commissioner Hess seconded Ayes — all The motion passed. Packet Page Number 80 of 189 Attachment 12 DRAFT MINUTES OF THE MAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, MAY 12, 2009 V. DESIGN REVIEW a. Minnesota Waldorf School, 70 County Road B East Planner Martin presented the staff report explaining that the Minnesota Waldorf School is proposing to replace a temporary classroom building with a permanent structure and to build additional space for administrative purposes. Mr. Martin said the applicant was notified and planned to attend this meeting, but is not present. Boardmember Wise asked if the classroom size would be increasing. Planner Martin said the permanent structure replacing the temporary classroom would be the bulk of the added space and 710 square feet would be added to the main building for administrative purposes. Boardmember Shankar asked if the city engineer has reviewed the plans for fire truck access, service vehicles and school buses coming through the circular drive. Planner Martin responded that the fire marshal and engineer both reviewed the plans and they did not state any concerns regarding accessing the building. Boardmember Shankar asked if the intention concerning building materials is to match the materials of the existing building, since no samples were submitted to the board for review. Planner Martin responded that the applicant intends to match the existing building design as noted on the plans. Boardmember Ledvina asked if the play area would be moved, since the circular drive will be placed in that area. Planner Martin said his understanding is that the school intends to use that area as they do today, but with added landscaping. Boardmember Wise recommended that Waldorf School consider a more permanent parking agreement with the neighboring school to avoid any overflow parking impacts on the neighbors. Boardmember Shankar recommended that the applicant submit the exterior building samples to staff for approval. Boardmember Shankar recommended approval of the site plan date - stamped April 7, 2009 and the building elevations date - stamped March 20, 2009 for the 7,338- square- foot classroom building to the existing school site and to build office additions totaling 710 square feet to the existing main building at 70 County Road B East. Approval is subject to the following conditions: Packet Page Number 81 of 189 Attachment 12 1. Repeat this review in two yeas 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. b. Submit to city staff a cash escrow or an irrevocable letter of credit for all the required work. The amount shall be 154 percent of the cost of the work. 3. Provide continuous concrete curbing around all proposed parking and drive areas. 4. The trash- dumpster screening requirement is waived unless the dumpsters would be visible to the public. In that case, an enclosure shall be provided using the same materials and color as the building. 5. An in- ground lawn irrigation system shall not be required because of the remote nature of this site. 6. Ensure that the site is in compliance with ADA requirements for handicap parking spaces and that spaces have correct signage. 7. Satisfy the requirements set forth in the staff report authored by Mr. Kummer dated April 16, 2009. 8. Satisfy the requirements of the building official, fire marshal and police department as stated in this report. 9. All work shall follow the approved plans. Planning staff may approve minor changes. 10. Applicant shall submit exterior building samples to staff for approval. Boardmember Demko seconded Ayes - all The motion passed. Packet Page Number 82 of 189 Agenda Item L2 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko — Community Development and Parks Director Steve Kummer — Civil Engineer I I SUBJECT: Legacy Park "Tot Lot" Improvements (No Formal Name) Resolution Approving Use of Existing Escrow Funds for Park Improvement DATE: May 18, 2009 INTRODUCTION On October 15, 2008 the Parks and Recreation Commission recommended moving forward with the Parks Planning and Development Process for the Legacy Park "Tot Lot" area within the Legacy Village development. The Parks Planning and Development Process provides a set of guidelines for design, community involvement and construction of a park. The parcel is known as Outlot I according to the Legacy Park Master Plan and Lot 2 Block 1 of the final plat survey. The parcel is a 2.25 -acre parcel located west of Kennard Street near an existing pedestrian tunnel and within the proposed Xcel Energy power line easement. The Council will consider the Parks and Recreation Commission recommendation to move forward with the process and expend funds amounting to $80,000 for the development of the park within Outlot 1. BACKGROUND Master planning for the Legacy Village development began in 2003. Build -out of the Legacy Village area is in progress, with the latest development proposal, Heritage Square 5 1h Addition, in preliminary plat stage, to be developed at the southeast corner of Hazelwood Street and County Road D. As part of the master plan for the Legacy Village development, the master developer agreement (dated September 8, 2003 and the first amendment to that agreement dated February 4, 2004) dedicates Lot 2, Block 1 (Outlot 1) to the City for use as park and open space purposes. As part of the development agreement negotiations, an escrow fund amounting to $80,000 was dedicated to park amenities. DISCUSSION Most of the rough grading of the lot is completed for placement of park amenities such as a playground, tot lot, sandbox or for other park amenities. Minor modifications to the existing site would be needed to assure proper drainage and ADA accessibility to park equipment. Through the Parks Planning and Development Process the Park Commission and city staff would gain insight from the neighborhood regarding what types of amenities the vacant parcel should possess for enjoyment as a park. Packet Page Number 83 of 189 Funding for the park amenities is available in the city budget under the Legacy Park Development Fund number 433 in the amount of $80,856. Funding would cover final grading and excavation for equipment on the site, minimal landscaping, minor restoration, and purchase and installation of play structures and other park amenities identified as outcomes of the neighborhood meetings. RECOMMENDATION It is recommended that the Council move forward with the Parks Commission direction to start the Parks Planning and Development Process and solicit neighborhood feedback and to set a not -to- exceed budget of $80,000 funded by the existing Legacy Park Development escrow account. Attachments: 1. Master Plan and Outlot I Highlighted 2. Proposed Park Layout 3. Resolution Approving Use of Existing Escrow Funds for Park Improvements 4. Budget Summary for Fund No. 433 Packet Page Number 84 of 189 ---------- 71 M7 I > I � I i I- IC my 721 M 1p Ci lu CO Al 0 Ci m U cu ui CD o Attachment 1 Packet Page Number 85 of 189 Attachment 3 RESOLUTION APPROVING USE OF EXISTING FUNDS FOR PARK IMPROVEMENTS AT LEGACY PARK "TOT LOT" Whereas, the City of Maplewood approved the Legacy Village master plan (dated September 8, 2003 and the first amendment to that agreement dated February 4, 2004); Whereas, the Legacy Village master plan dedicates Lot 2, Block 1 (Outlot 1) to the City for use as park and open spaces purposes; Whereas, as part of the development agreement, an escrow fund in the amount of $80,856 was dedicated to park amenities at this location; Whereas, the funding for the park amenities identified in the Legacy Village master plan are available in the City budget, Legacy Park Development Fund number 433 in the amount of $80,856; Now, Therefore, Be it Resolved, that the Maplewood City Council hereby approve the use of the existing escrow fund (Legacy Park Development Fund — number 433) for park improvements at Lot 2, Block I (Outlot 1) Legacy Village and set a not -to- exceed budget of $80,000 for the improvements. Adopted this _ day of , 2009 Mayor City Clerk Packet Page Number 87 of 189 Attachment 4 CITY OF MAPLEWOOD, MINNESOTA LEGACY VILLAGE PARK DEVELOPMENT FUND (433) STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 2008 ACCT 2006 2007 ORIGINAL 2008 2009 NO. ACTUAL ACTUAL BUDGET RE -EST. BUDGET Miscellaneous Revenue: 3801 Investment earnings $4,921 $5,446 $0 $0 $0 Total revenues 4,921 5,446 0 0 0 Expenditures: 4160 Supplies - equipment 0 0 0 0 0 4480 Fees for service 0 0 0 0 0 4720 Land improvement 1,024 25,822 0 0 0 4930 Investment management fees 504 528 0 0 0 Total expenditures 1,528 26,350 0 0 0 Excess (deficit) of revenues over expenditures 3,393 (20,904) 0 0 0 Other financing sources (uses): Bond proceeds 0 0 0 0 0 Net increase (decrease) in fund balance 3,393 (20,904) 0 0 0 Fund balance - January 1 98,367 101,760 80,856 80,856 80,856 Fund balance- December 31 $101,760 $80,856 $80,856 $80,856 $80,856 266 Packet Page Number 88 of 189 Agenda Item L3 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Consider Resolution Authorizing Preparation of Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (N.St. Paul Rd to McKnight) and Stanich - Highlands Area Streets DATE: May 5, 2009 INTRODUCTION /SUMMARY The engineering and finance staff have been reviewing the proposed projects for 2009 to 2014. One of our recent initiatives that the City Council has endorsed is an advanced program for street reconstruction to take advantage of recent very low bid prices, consultant availability and low bond rates. We have available capacity and believe that we could save the City in excess of $500,000 if we proceed with a project at this time. Our proposal is to advance two projects that were originally planned for 2010 and bring on a consultant from our pool to implement these projects during the summer and fall of 2009. With an advancement of this project and our current plan for projects, we see that with the conclusion of the 2013 projects, we would decrease our streets reconstruction program by 50% beginning in 2014. By making this decision now, we can make appropriate staffing plans in the next couple of years. The projects that we propose to advance are in the central part of Maplewood and involve a joint project with North St. Paul that they have been requesting that we move forward as quickly as possible. The two projects are: Holloway Avenue, NStP Rd — McKnight $1,050,000 Stanich Highlands Neighborhood Streets $2,120,000 2009 — 2013 CIP Estimated Costs $3,170,000 -- Estimated Cost Savings with Advancement ($ 550,000) Likely 2009 Costs $2,615,000 • - our current bond rate is also reduced by 0.38 - 0.50 %. It is likely that we can save an additional $175,000 to $200,000 in bond costs by advancing this work to 2009 due to the current low bond rates, which we are not likely to continue into 2010 or 2011. Our proposed schedule for these projects, assuming your approval, is: Proposal to City Council - Resolution Authorizing Prel Rpt May 11, 2009 Preliminary Report Approved and call Pub Hrg - Resolution Authorizing Plans and Specs June 8, 2009 Public Hearing Plan and Specification Approval Bid Opening Contract Award Assessment Hearing Construction Start Major Construction Construction Completed June 22, 2009 July 13, 2009 August 5, 2009 August 10, 2009 August 10, 2009 August 24, 2009 Sept — Nov, 2009 July 2010 Packet Page Number 89 of 189 PROJECT ADVANCEMENT PAGE TWO We are confident that with an early August 2009 bid opening that prices from contractors will remain at very low and favorable levels. MnDOT recently began opening bids for projects and are reporting costs in the 81 -87% level with bituminous projects at extremely low levels and concrete projects at higher level. Our projects are a majority bituminous and we have reports from Anoka, Roseville, and Woodbury, who recently opened bids that bids at 75% of the prices from 2008 are still available and should be available into summer 2009. MnDOT and the Metropolitan Council are providing funds [ARRA or stimulus grants] for projects that will be bid in September through November 2009. We anticipate that the flow of those funds will begin to push prices back to pre - recession levels and thus, the advantages of advancing projects will not be realized. We also have very favorable interest rates on the recent bond sales. As the economy rebounds, this rate is also not likely to continue. By authorizing this resolution, the City Council is not formally committing to the project construction in 2009. Preliminary work will be completed; however, if bids are opened in August 2009, that do not reflect the savings, the project can be delayed to 2010 or beyond when better or equal bidding conditions exist. The preliminary work will not be wasted, as this is necessary for the project to be constructed at anytime and would be good for a period of up to 5 years. The impact on the levy for debt service would be unchanged from a bond sale in 2010 for these projects, as the payment schedule would be adjusted to reflect savings for 2009, but principal payments as if the project was constructed and bonded in 2010. Similar impacts for our residents would be that the street got done one year early, while their assessments would be proposed for a similar period as if the amount was levied in 2010. The cost of this preliminary work is estimated at $150,000. RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing preparation of a Preliminary Report on Advancement of 2010 Projects on Holloway Avenue (N.St. Paul Rd to McKnight) and Stanich- Highlands Area Streets Attachments: 1. Resolution 2. CIP Forms on Projects Packet Page Number 90 of 189 Agenda Item L3 RESOLUTION ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Holloway Avenue as a joint project with North St. Paul between North St. Paul Road and McKnight Road and to the Stanich — Highland Neighborhood Area Streets, City Project 09 -10 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $150,000 are appropriated to prepare this feasibility report. Approved this 11 day of May 2009 Packet Page Number 91 of 189 Agenda Item L4 AGENDA REPORT TO: City Manager, Jim Antonen FROM: Charles Ahl, Assistant City Manager /Public Works Director SUBJECT: Energy Efficiency and Conservation Block Grant Program — Selection of Projects for Use of 2009 ARRA Funds DATE: May 21, 2009 INTRODUCTION /SUMMARY The US Department of Energy has notified Maplewood that we are now eligible to receive a direct formula grant as part of the Energy Efficiency and Conservation Block Grant (EECBG) Program. This grant is part of the President's American Recovery and Reinvestment Act of 2009 (ARRA). The Recovery Act was created to save jobs, and begin addressing the nation's energy and environmental challenges. THE DOE indicate that grants should be used to invest in the cheapest, cleanest and most reliable energy technologies, which can be deployed as quickly as possible, to create jobs within our current economy. The Maplewood grant amount is $163,900. The DOE has provided the following information: Section 542 of Title V, Subtitle E of EISA (PL 110 -140) describes the Program purpose as the following: (b) PURPOSE - The purpose of the program shall be to assist eligible entities in implementing strategies - 1 . to reduce fossil fuel emissions created as a result of activities within the jurisdictions of eligible entities in a manner that — A. is environmentally sustainable; and B. to the maximum extent practicable, maximizes benefits for local and regional communities; 2. to reduce the total energy use of the eligible entities; and 3. to improve energy efficiency in — A. the transportation sector; B. the building sector; and C. other appropriate sectors. Additional purposes of the EECBG Program are to spur economic growth and create and /or retain jobs under the American Recovery and Reinvestment Act of 2009. City /County Formula The formula for determining allocations to cities and counties is based on two weighted factors: resident and daytime (commuter) population. The resident population factor receives a weight of approximately 70 %, and the daytime population factor receives a weight of approximately 30 %. This accounts for the energy use of these populations. Generally, what can these funds be used for? These funds are to assist State, local, territorial and Tribal governments in implementing strategies to reduce fossil fuel emissions, total energy use, and improve energy efficiency in all sectors. Packet Page Number 92 of 189 EECBG Program PAGE TWO What specific activities are eligible for use of funds? Funds can be used community wide, not only for government owned facilities and infrastructure. A list of eligible activities for use of program funds is provided in Section 544, Title V, Subtitle E of the Energy Independence and Security Act (EISA). Additional details on eligible activities are in the Funding Opportunity Announcement. The following activities are eligible: • Development of an Energy Efficiency and Conservation Strategy and Technical Consultant Services to assist in the development of such a strategy. • Residential and Commercial Building Energy Audits. • Financial Incentive Programs and Mechanisms for energy efficiency improvements such as energy savings performance contracting, on -bill financing, and revolving loan funds. • Grants to nonprofit organizations and governmental agencies for the purpose of performing Energy Efficiency Retrofits. • Energy Efficiency and Conservation Programs for Buildings and Facilities. • Development and Implementation of Transportation Programs to conserve energy. • Building Codes and Inspections to promote building energy efficiency. • Energy Distribution Technologies that significantly increase energy efficiency, including distributed resources, combined heat and power, and district heating and cooling systems. • Material Conservation Programs including source reduction, recycling, and recycled content procurement programs that lead to increases in energy efficiency. • Reduction and Capture of Methane and Greenhouse Gases generated by landfills or similar waste - related sources. • Energy efficient Traffic Signals and Street Lighting. • Renewable Energy Technologies on Government Buildings. • Any Other Appropriate Activity that meets the purposes of the program and is approved by DOE. How should activities be prioritized in planning for use of funds? Energy efficiency, conservation, and renewable energy programs and projects are building blocks for increased economic vitality, energy security, and environmental quality. EECBG program funds will have maximum impact if invested in ways that create and/or retain jobs and stimulate the economy in the short term while laying the foundation for a long -term and sustainable clean energy economy. DOE encourages grantees to prioritize programs and projects that: Packet Page Number 93 of 189 EECBG Program PAGE THREE • Leverage other public and private resources. • Enhance workforce development. • Persist beyond the funding period. • Promote energy market transformation such as revolving loans, low -cost loans, energy savings performance contracting, advanced building codes, building and home retrofit incentives and policies, and transportation programs and policies. Staff Suggested Grant Uses The staff has prepared a list of possible uses for the Council that should be prioritized for submittal as part of the grant. Those projects in order of staff priority are: Potential Project Project Cost Cum. Dollar 1. Replacement of two boilers at City Hall $79,400 $ 79,400 i. These boilers are 25 -years old and have exceeded useful life. ii. Energy savings from reduced fuel and power use will be significant. iii. Will replace future tax levy required expenditure. 2. City Hall — HVAC efficiency upgrades $ 7,100 $ 86,500 i. Improved controls and energy savings 3. MCC — Pool Lighting upgrades $49,000 $136,500 i. Replaces old lights with lower power use 4. GEM cars for trail patrol $18,000 $154,500 i. Electric cars to work wtVIC program 5. Enhanced Building Code Enforcement $ 5,000 $159,500 i. Train staff to enforce new energy code 6. Study on Wind Turbine Locations 1 Options $ 4,400 $163,900 i. Identify size and location for City -owned wind turbine Other Projects Project Cost Cum. Dollar 1. MCC — Lower Track Lighting $45,000 $ 45,000 a. Improved energy usage 2. Gym Lighting $31,000 $ 76,000 a. Improved energy usage 3. New ball field Lights at Goodrich Park $60,000 $136,000 a. Old lights; some energy savings 4. Wind Turbine Installations $60,000 $196,000 a. This cost would provide a small local turbine At this point, the list of projects could be initiated and installed in 2009 and will meet the grant requirements for job creation and energy efficiency. The staff has rated these projects based upon a need, the potential for replacement of future tax -levy expenditures, and the energy efficiency of the project, based upon information provided by the potential contractor for the work. All the projects are worthy for consideration, but a priority system by staff includes the highest priority being the boilers which are in need of replacement within the next 1 -3 years due to their age and lack of reliability. The Wind Turbine study is the most speculative item within the list, and will likely take 8 -12 months to develop a strategy for wind energy within the City. Packet Page Number 94 of 189 EECBG PROGRAM PAGE FOUR RECOMMENDATION It is recommended that the City Council adopt a motion approving the submittal of grant information for projects totaling $163,900. Staff has recommended six projects for submittal. Packet Page Number 95 of 189 AGENDA REPORT TO: Mayor and City Council FROM: James W. Antonen SUBJECT: Consider Resolution Authorizing Pride of Maplewood Program DATE: April 30, 2009 INTRODUCTIONISUMMARY The City of Maplewood has a wonderful Staff of people who have shown their dedication to the City in countless ways. In order to recognize these people, I have proposed an employee recognition program entitled "The Pride of Maplewood." The program will be employee driven. The basic premise is that employees will nominate fellow employees for the monthly award. An employee committee will read the nominations and recommend to the City Manager the Pride recipient. The recipient will receive a Pride of Maplewood mug and $30.00 gift card (dinner out). Each month the Maplewood Monthly will have a picture and brief article on the recipient. At the end of the year an Annual Pride of Maplewood recipient will be selected and recognized by the City Council. The recipient will receive a plaque and $100 gift card. The annual cost of this program should not exceed $1,250. Attached is draft nomination forms and checklist to be used accordingly. Also attached is an opinion from the Minnesota State Auditor as to the legal ramifications of the awards. RECOMMENDATION It is recommend the Council by formal resolution support and endorse the Pride of Maplewood Program. Attachments: Resolution Draft Nomination Forms and Checklist Minnesota State Auditor Opinion Packet Page Number 96 of 189 Agenda Item L5 RESOLUTION NO. A RESOLUTION OF THE MAPLEWOOD CITY COUNCIL ESTABLISHING AN EMPLOYEE RECOGNITION PROGRAM AND DECLARING THAT SUCH PROGRAMS BENEFIT THE PUBLIC BY PROMOTING EFFICIENCY, INITIATIVE, WELLNESS AND MORALE AMONG PUBLIC EMPLOYEES. WHEREAS, employees throughout the City of Maplewood work diligently and effectively on behalf of the public everyday, and and WHEREAS, City employees should be recognized for the exceptional work that they perform; WHEREAS, rewarding City employees enhances productivity, efficiency, wellness and morale in the performance of their duties; and WHEREAS, it is in the public good to recognize City employees for outstanding performance and/or noteworthy contributions to the accomplishment of the overall objectives of the City; and WHEREAS, the Maplewood City Council supports the issuance of rewards for City employees to encourage superior performance in their duties; NOW THEREFORE BE IT RESOLVED by the Council of the City of Maplewood that: 1. In recognition of superior performance and noteworthy contributions to the accomplishment of the overall objectives of the City, it is for the good of the public that the City of Maplewood establish a formal Employee Recognition Program to promote efficiency, initiative and morale among employees of the City of Maplewood. 2. Said program shall be administered under the direction of the City Manager and direct expenses for said program shall not exceed $1,250 annually. This Resolution shall take effect from and after its adoption. Packet Page Number 97 of 189 Pride of Maplewood Award Nomination Form The City of Maplewood would like to recognize its outstanding employees. Perhaps you know of someone who deserves a nomination for the Pride of Maplewood Award. Eligibility All employees who have been employed a minimum of one year and have successfully completed their probationary period. Who May Nominate Any Employee of the City of Maplewood Criteria: • Does this individual consistently meet the high expectations of the City of Maplewood? • Does this individual demonstrate commitments to: 1. Excellence 2. Residents of Maplewood 3. Support for co- workers • Does this individual serve as a role model? • Does this individual relate well with fellow employees and residents? If yes, then please complete the nomination form below. Please return the form to Edna Spangler, Office Specialist, 1830 County Road B E, Maplewood, MN 55109. Packet Page Number 98 of 189 Agenda Item L5 Attachment PRIDE OF MAPLEWOOD AWARD NOMINATION FORM To: Edna Spangler, Office Specialist, Front Desk, City Hall Date: I Nominate: (Name, Please Print) (Position /Title) (Department/Division) Please indicate how this employee demonstrates a commitment, meets the high standards of the City of Maplewood, serves as a role model for others, and /or has recently achieved any significant accomplishments. (Please use specific Examples or comments to support your nomination. Attach additional sheets if necessary) Nominator's Signature Phone Dept. /Division All nominations and their contacts will be kept confidential One nomination per form please. Each month a nominee will be chosen as a recipient for the award and at the end of the year, an annual award recipient will be chosen. This nomination will be considered for a twelve -month period. At the end of each month, a memo and nomination form will be distributed to all City Employees. In order to ward the recipients in a timely manner, please adhere to the deadline for receipt of those nominations. If you have any further questions regarding this program, please contact Edna Spangler at 651.249.2000 or edna.spangleraci.maplewood.mn.us Packet Page Number 99 of 189 Standard Operating Procedure Pride of Maplewood Awards Month and Year: Send out nomination memo and form to all employees Set up Meeting with City Manager to discuss nomination(s) and decipher nominations and pick winner(s) Draft the Press Release for Maplewood Monthly and the Newspapers Notify award recipient's director Award will be presented at Departmental Staff meeting with City Manager /Assistant City Manager and Supervisor present Notify recipient that award (gift certificate) will be given as a second direct payroll deposit Draft information for City Clerk and for Council Agenda Packet for Annual Award Recognition completed for City Clerk Verify proclamation(s), gift certificate(s) and mugs are ready for Council Meeting Pracantntinn Packet Page Number 100 of 189 Agenda Item L5 Attachment STATE OF MINNESOTA OFFICE OF THE STATE AUDITOR SUITE 500 525 PARK STREET REBECCA OTTO SAINT PAUL, MN 55103-2139 STATE AUDITOR Statement of Position Employee Recognition Programs and Events (651) 296-2551 (Voice) (651) 296-4755 (Fax) state.auditor6DstaLe_.mn.us (E-mail) 1-800-627-3529 (Relay Service) Local units of government often ask whether they can spend money to hold holiday parties, employee banquets or other employee social events. These questions appear to be motivated by a desire to celebrate a holiday or significant event in an employee's life or to generally boost morale in the workplace. Important limitations exist on the use of public funds for employee social and recognition events. The key question is whether a local government has legal authority for this type of spending. Generally, in order to spend money, a local government must have authority to do so. Authority for an expenditure may be specifically stated in a statute or charter, or it may be implied as necessary to do what an express power authorizes. The Minnesota Attorney General's Office has considered the issue several times and has consistently said that local governments do not have implied authority to sponsor employee social events simply because they have the express power to compensate employees. Instead, the Attorney General's position is that non-monetary benefits must be specifically authorized by law or charter. Based on this rationale, the Attorney General's Office wrote to the Champlin cLty attorney in 199 8, indicating that no statutory authority existed for a city to hold an annual employee appreciation dinner or to award employee recognition gifts to employees. The Attorney General's Office stated: "[Wlhile an agreed upon monetary bonus might be provided as part of a salary plan to employees who meet performance or longevity standards, we are at a loss to locate authority for expenditures of funds for in-kind awards or social occasions of the type described." Limited Statutory Authority Granted to Counties and Cities Counties and cities do have specific authority for a wellness and employee recognition program under Minn. Stat. § 15.46, This statute states that a county or a statutory or home rule charter city "may establish and operate a program of preventive health and employee recognition services for its employees and may provide necessary staff, equipment, and facilities and may expend funds as necessary to achieve the objectives of Reviewed: October 2008 2007-1006 Revised: October 2008 An Equal Opportunity Employer Packet Page Number 101 of 189 the program." Cities were added to the statute in 2007. This statute does not currently extend to other local units of government. Properly established programs should be in writing and approved by the county board or city council. They should include clear wellness and recognition objectives. The county board or city council must determine what amounts can be expended as "necessary to achieve the objectives of the program." The Office of the State Auditor, in reviewing county or city expenditures for wellness and employee recognition programs, will be guided by what is permitted and what is prohibited for state employees. Counties and cities cannot simply provide employee banquets or parties for all employees. County and city funds can be spent only as necessary to achieve the objectives of an established wellness and employee recognition program. The public entity may not pay for spouses or third parties to attend a recognition event. In addition, expenditure of public funds to purchase alcohol is not permitted. Towns Have Specific Statutory Authori Towns are not mentioned in section 15.46. However, the 2008 Legislature granted town electors the authority to set an amount of money for the town board to spend recognizing "volunteers, service efforts and retiring town officers." The statute specifically requires the electors to set the amount of money to be spent on these recognitions. Absent such a vote by the electors at an annual or special meeting, towns do not have authority to hold employee recognition events. School Districts Have Separate Specific Authority A school board may establish and operate an employee recognition program for district employees, including teachers, and may expend funds as necessary to achieve the objectives of the program. The employee recognition program shall not include monetary awards. 1 'See Minn. Stat. §1238.02, subd. 14a. Reviewed: October 2008 2 Revised: October 2008 2007-1006 Packet Page Number 102 of 189 Agenda Item L6 WOOD SMOKE REPORT 511812009 The following report contains two separate sections. The first is the report from the Wood Smoke Task Force. This 2 -page report lays out the ideas and information which was agreed upon by a majority of the task force. It lists all of the findings and recommendations which the majority of the task force felt were appropriate. The second part of the report contains additional information and recommendations which council member Rossbach is submitting for the councils consideration. Section 1 Task Force Report — This report speaks for itself and has the approval of a majority of the task force members (attachment #1). Section 2 The following thoughts and ideas are put forward by council member Rossbach as additional items which the council may wish to consider. These recommendations are grounded in the thought that there are some steps which Maplewood could pursue which would make the city's ordinance clearer and easier to understand or would work to reduce the amount of smoke which is created in the city of Maplewood. Update of Maplewood's code Maplewood should update its recreation fire code (attachment #2) to assist in the education effort supported by the task force. Maplewood's code should list all the minimum requirements from the state fire codes (attachment #3). The state codes are incorporated in Maplewood's codes at this time, but requires an interested person to spend additional time to find and understand the full extent of Maplewood's code, The task force members commented in their meetings that we need to first be enforcing our current code and working to insure peoples understanding of what is currently regulated. Secondly, the council should consider removing coal as an approved fuel for recreational fires or indoor heating purposes. Coal produces odors and toxins which are more offensive than wood and certainly do not fit the intent of a recreational fire and is a questionable fuel for home heating due to its pollutants and odor. Third, Maplewood should consider adding a "Friendly Neighbor" statement in its burning ordinances. Attachment #4 is a survey of other Minnesota cities. The survey shows that most cities include some type of statement about considering your neighbors when having a recreational fire. Attachment #5 are some examples of what other cities have done with this type of statement, Although adding this type of statement does not create hard and fast law, it further enhances the education aspect by helping people to consider their neighbors when burning. Page 1 of 2 Packet Page Number 103 of 189 Agenda Item L6 Finally, the council should consider further defining what cannot be burned in either a recreational or indoor heating fire. Attachment #7 contains some further definitions which may be appropriate to consider. Clear definitions would help people understand and comply with the ordinances. Regulation of further installations of wood burning apt)liances Information clearly shows that smoke and particle emissions are greatly reduced when EPA rated wood burning appliances are compared with non-rated appliances (attachment #6). There is a sample ordinance (attachment #7) which shows how other cities have approached this type of ordinance. This step would allow Maplewood over time to reduce the amount of wood smoke created in the city without curtailing residents ability to heat with wood. The final recommended consideration for the council would be to not allow the installation of outdoor wood boilers in Maplewood. As far as can be determined, none currently exist in the city, so consideration of this step would not affect anyones current heating practices. The current outdoor wood boilers on the market have some of the highest rates of smoke and particulates of any wood burning appliances, however, the industry is working to create new higher efficiency models. The argument against them is not so much based on the amount of smoke as it is on the facts that they are intended to be burned 24 hours a day and in a standard Maplewood lot, would be only about 5(Y from neighbors houses or yards. If these types of wood burning appliances were to become popular they certainly would add to the amount of smoke generated within the city and have the potential of affecting neighbors 24 hours a day. In conclusion, the information on wood smoke clearly shows that smoke can have health affects (attachments #8 and #9) and Maplewood's own experience indicated that some of our residents have concerns or complaints about wood smoke. Rather than argue that the number of complaints is small so why should we do anything, the argument could be that Maplewood should make some simple changes which would not affect the ability of its residents to heat with wood or enjoy an outdoor recreational fire but would move the city towards generating less smoke and pollution. This in turn would help those people for who smoke does have health effects or for who the smell of smoke is a nuisance. These steps taken along with the task force recommendations would be benefiting to the common good in Maplewood. Page 2 of 2 Packet Page Number 104 of 189 AWAC0^14.1VT *f/ Agenda Item L6 2008-2009 Wood Smoke Task Force Findings & Recommendations Background: Over the course of a year or so, Mr. Rossbach and the city received complaints from 5-6 citizens having to do with wood smoke. He said that it persisted long enough and felt he wanted to address their concerns. He asked the City Council to allow him to assemble a group of citizens to discuss wood smoke in Maplewood and to determine whether any course of action was necessary. He arranged a presentation with the Minnesota Pollution Control Agency (MPCA), the Environmental Protection Agency (EPA), and the Hearth, Patio, and Barbecue Association where each presented information on their area of expertise. Presentations included information about the health affects of wood smoke, what makes up wood smoke, how to bum clean, best practices, and metro area monitoring. At the end of the meeting, citizens were asked if they wanted to signup and participate on a Wood Smoke Task Force. Task Members: Will Rossbach (facilitator), Fran Thurston, Jason Schuler, Thomas Layer, Jeff Janacek, Pat Mogren, Jim Nygard, DelRay Rokke, John Wykoff, Lynda, AhIgren, JoAnn Funk, Lowell Pickett, Roger Becker, Wendy Jo Gertjejansse, Jerry, Slama, Michelle Jwanouskos. Members consist of individuals who bum to heat their home, those who bum recreational fires, those who do not have an opinion either way, and those who are adamantly opposed to burning of any kind. Findings: Since June of 2008, the Task Force has met 7 times, to discuss wood smoke in Maplewood, share stories and review information collected from the web, Experts, and various Maplewood organizations and government offices. While a few members believe any wood smoke is a problem, the majority of the members do not feel there is a problem in the city of Maplewood. However, most agreed it would be wise to provide our citizens' education on the city ordinances related to wood smoke, the health risks, best practices, and being respectful of our neighbors. The reason being, in speaking with the Fire Marshall and Police Records department, the few violations they've dealt with were the result of the citizen not being aware of the City Ordinances. In these cases, the citizen's were warned, and there were no repeat offenses. In addition, Task Force members also felt that many people may not be aware of the fact that their smoke is bothersome to their neighbors or irritating to individuals with health issues. Therefore, providing more education on this issue seemed appropriate. Recommendations for Education: Task Force members felt education could be provided through the following channels: • Maplewood Monitor • Maplewood Review • Maplewood Newsletter • Workshops, get retailers/experts to provide educational workshops (e.g., Mike O'Rourke, Chuck Strobel, retailers, big box stores, etc.) • Educational mailer... one in the spring for rec. fires, another in the fall for home heating • All information should be available through Maplewood's city web site. • If a loose permit process were in place, citizens would need to have the ordinance on-hand when burning • If groups like the Patio association have videos, have them played on channel 16 • Get the big-box stores involved, maybe have them provide information to those purchasing • Have information available at city buildings 2008-2009 Wood Smoke Task Force Findings & Recommendations Page 1 of 2 Packet Page Number 105 of 189 # Agenda Item L6 Topics covered might include: • The ordinance - Spring and Fall • Best practices for starting a recreational fire • Best practices for home heating • Best practices for storing wood - this is in the ordinance • What to bum, what not to bum • Information about new technology, buming cleaner • Educate on health risks of burning with wood Being neighborly... e.g., not burning all the time, watching the wind direction • How to talk to your neighbors if you have an issue Other Recommendations: o Wood Boilers The Task Force felt the information they had related to Wood Boilers was insufficient to recommend a ban of wood boilers (e.g., they did not know enough about cost of new versus old technology, etc.) However, they understood from the experts that old wood boilers produce an extremely large amount of pollution / particulate matter. Therefore, they recommend the City Council investigate whether there should be some limitations on future installations of wood boilers. o Buyout Program During the Experts meeting, there was discussion of some sort of buyout program where old technology wood stoves/wood burning units would be replaced with newer technology. A program similar to this was done in Libby, MT. Residents who took part in the change out program were required to give up their old units which were destroyed (rather then allowing the residents to bring their old stoves to their cabins, etc.) Task Force members felt this might be something the City Council investigates further. One last item. Many members of this Task Force ask that they be asked / involved in any future discussion the City might have in the future regarding Wood Smoke in Maplewood. 2008-2009 Wood Smoke Task Force Findings & Recommendations Page 2 of 2 Packet Page Number 106 of 189 Agenda Item L6 1-1 JOBNAME: No Job Name PAGE: 360 SEES: 2 OUTPUT: Toe Apr 8 12:31,10 2003 A1 44- Z_ /first/pubdocs/mcc/3/11217–full § 20-37 MAPLEWOOD CODE structure in this manner shall be done only under supervision and control of the designated fire department officer and pursuant to a permit issued by the -fire chief. A charge may be made for this service, and the money so received by the fire department shall be used to defray expenses of the department. (Code 1982, § 12-27) See. 20-38. Permit required for outdoor fire. (a) No person shall kindle, ignite, set or start any outdoor fire in the city, not contained in a city-approved incinerator, at any time, unless authorized by the issuance of a permit as provided in this article, (b) The exception to subsection (a) of this section is a recreational fire as defined by the Minnesota Uniform Fire Code (recreational fire is the burning of material other than rubbish where fuel being burned is not contained in an incinerator, outdoor fireplace or barbecue pit and with a total fuel area of three feet or less in diameter and two feet or less in height for pleasure, religious, ceremonial, cooking or similar purposes). Recreational fires are to be from 2:00 pm. until 11.00 p.m. only unless written permission for an exception is received from the police chief or fire marshal. Only charcoal, coal or clean, dry wood may be used for burning. No refuse, grass, leaves, yard waste or other combustibles shall be burned. Recreational fires shall be at least 20 feet from any building and shall be supervised at all times. (c) The owner of any property upon which a fire is started or originally ignited, in violation of this section, shall be responsible therefor and shall be subject to penalties provided in this chapter, unless such owner can adduce proof that such fire was started by a stranger or trespasser. (Code 1982, § 12-28) See. 20-39. Burning of garbage or wet refuse. It shall be unlawful in the city for any person to burn or attempt to burn refuse, leaves, wastepaper, garbage or other combustible materials. (Code 1982, § 12-30) See. 2040. Starting fire on roadway. No fire shall ever be started by any person on the surface of any bituminous, asphalt or oil-treated roadway in the city at any time. (Code 1982, § 12-32) Sees. 20-41-20-65. Reserved. See. 20-66. Adoption of National Fire Codes. There is hereby adopted by the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, all of those certain codes, CD20:6 Packet Page Number 107 of 189 Agenda Item L6 Vy _� AtJjJC(J Af State Fire Marshal Division 444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145 Phone: 651/201-7200 FAX: 651/215-0525 TTY: 651/282/6555 Internet: hftp://www.fire.state.mn.us RECREATIONAL FIRES INFORMATION SHEET Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol security Crime victim Services Driver & Vehicle Services Emergency Management I Emergency Response Commission State Fire Marshal I Pipeline Safety State Patrol Traffic Safety MUM .=A This fire safety information sheet is based on the 2007 Minnesota State Fire Code (MSFC). The requirements outlined in this information sheet apply only to recreational fires that are no larger than 3 feet in diameter and 2 feet in height used for pleasure, religious, ceremonial, cooking, warmth, or similar purposes. Any fire larger than these dimensions is considered "open burning" and regulated by the Minnesota Department of Natural Resources (DNR). For further information on the requirements for open burning or for permits please contact the DNR at 651 -296- 6157 or infb@dnr,statc.mn.us. SECTION 1 — RECREATIONAL FIRES 1.1 Minimum requirements for recreational fires The 2007 MSFC establishes the minimum requirements for recreational fires that are applicable throughout the state of Minnesota. The following information is applicable even if a local jurisdiction does not have an ordinance regulating recreational fires. (1) Recreational fires must be at least 25 feet from all buildings or combustible materials. Combustible materials are things such as wood, paper, and plastics [MSFC (07) Section 307.4.2]. (2) Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition [MSFC (07) Section 307.4.2]. - (3) Recreational fires must be constantly attended until the fire bums out completely or is extinguished [MSFC (07) Section 307.5]. (4) A minimum of one portable fire extinguisher complying with MSFC (07) Section 906 with a minimum 4-A rating or other approved on-site fire extinguishing equipment, such as dirt, sand, or garden hose shall be readily available at all times until the fire is extinguished. Examples of other approved fire extinguishing equipment would be a charged garden hose, dirt, or sand (and a means of applying it) [MSFC (07) Section 307.5]. (5) The only materials permitted in a recreational fire are wood from trees, small branches, brush, or charcoal. Treated lumber materials, construction debris, garbage, plastic materials, or waste materials are not allowed to be burned in recreational fires [MN Statute 88.171]. (6) Recreational fires must be immediately extinguished if they pose a fire safety risk, if they are not in compliance with the above, or when directed to do so by a police officer, firefighter, fire warden, or DNR officer [MSFC (07) Section 307.3]. Packet Page Number 108 of 189 Agenda Item L6 A (Td C(i-41)6Ar7 #, The MSFC (07) does not contain any regulations for immediate extinguishment if the smoke from a recreational fire is a nuisance to an adjoining property. However, many cities have language within their ordinance that requires the fire to be extinguished if someone complains about the smoke. Furthermore, some local ordinances have limitations on recreational fires when wind speeds exceed a specified amount (15 mph, 20 mph, etc.). For more information please consult with your local city or fire official. 1.2 Local ordinances Many cities choose to adopt ordinances that are more stringent than the information listed in section 1.1. For this reason, it is important to check with your city before you have a recreational fire since they may have an ordinance that goes above and beyond the requirements of the MSFC. Compliance with the above information may not mean you are in compliance with all local regulations. If you have additional questions not answered in this document please contact the State Fire Marshal Division at (651) 201-7200. Questions can also be e-mailed to firecode@state.mn.us or view our web page at www.fire.state.mn.us, for the latest information on fire in Minnesota. Packet Page Number 109 of 189 AT MC tMON,t? 'T y Agenda Item L6 Packet Page Number 114 of 189 'El I I "IM G J_� I I I 1=1 El E E E I ll 1�� 2 I T N U. J I x x X x x x x x x x x O ti i0 1 1 1 7Z> r N N N 4V X i x x x xxx xxx x. xxx x X i Ix x x x x x x x Ax X_ N x xUX111. X1. x x x x xlxlxlxlx X1 I I �2 b x U J X1.1 x x x x x x x x �2 U.1 �x i 0 C — x .,x x x x M 11 x x x x IXUXIX x x x X[ E JNW)ININ A W ?q ZIJ lzot&)?q Z3 Cj 1. x J-1.1-IJ x x . . . XIXUJ x x X XIX 1.1. .1 1 U-1 I C o 2 ' t o o 4. t C M 2 . 1 .2 AT MC tMON,t? 'T y Agenda Item L6 Packet Page Number 114 of 189 Agenda Item L6 ()77AcHM Bloomington A recreational fire is a fire used for cooking, warming or ceremonial purposes, which is not more than three feet in diameter and two feet in height. • Recreational fires are limited to burning hours between 7 a.m. and midnight. Recreational fires must be 25 feet from any property line, structure or combustible material. - Fire extinguishing equipment such as buckets, shovels, garden hoses or a fire extinguisher with a minimum 4-A rating shall be readily available. Recreational fires shall be constant attenbya per-son knowledgeable in the use of constantly e extinguishing equipment. • Be aware of wind speed; if the winds are greater than 0 miles per hour no recreational fire should be started or continued. Wind direction in relation to neighboring properties is also important so the smoke does not negatively Impact these �� only clean, d wood such as twigs, br es, limbs, °presto V charcoal, cordwood or needle untreated lumber may be used. No wood with k aves or (green), preservatives rotten, wet, oif soaked of #rested with paint, flue or may be used. A recreational fire will be immediately discontinued if the authority having jurisdk;tion determines the fire is creating a us condition. I nformat io n Sheet Cuestio Contact the Fire Prevention Division at 952-563-8933 Addresses: Setbacks, nulsarm VADNAIS HEIGHTS Recreational Fire Ordinance People often enjoy sitting in the yards, having fun gathered around an outdoor fire. To keep you and your family safe, please pay attention to the recreational fire ordinance. Among other things, the ordinance says: "Recreational fires! are small fires for cooking or other recreational purposes and not for the purpose of disposing of any refuse or other material. Such fires shall: Be located no closer than 35 feet from a principal structure, 25 feet away from any other structure, and 10 feet from a lot line; -Be located within a fire pit surrounded by rocks, concrete, or metal; Not exceed three feet in diameter or three feet in height; -Not be allowed if wind Is causing smoke to blow into other homes; Be constantly attended by a responsible adult; -Be located near a readily available supply of water, such as a garden hose; -Not be located within five feet in any direction from any combustible material; • Be limited to one location on a parcel of property; -Be subject to the fire marshal's authority to piece a ban on recreational fires. Packet Page Number 111 of 189 Agenda Item L6 h17ACOMFN'T #,S Golden Valley MN Recreational Fire Permit Requirements (P City Ordinance) Recreational fires are outdoor fires that bum materials other than rubbish and are not contained in an incinerator, outdoor fireplace, barbeque grill, or barbeque pit. Site Requirements • Recreational fire sites must be a safe distance away from any structure. • Recreational fire must be contained within an area: • three feet or less in diameter and three feet or less in height • completely surrounded by noncombustible and nonsmoke- or odor- producing material (either natural rock, cement brick, tile, or block of metal only) • depressed below ground, on the ground, or on a raised bed • A garden hose or other adequate means of extinguishment shall be available for emergency purposes. Required Conditions for a Recreational Fire • Recreational fires shall be constantly attended by a responsible person over age 18 until extinguished. • During the time a recreational fire is burning, the Recreational Fire Permit must be available upon request by the City Manager or designee. • Winds cannot exceed 10 MPH. The prevailing winds at the time of the burning must be away from nearby residences. • No flammable or combustible liquid shall be used. • Leaves, trash, or garbage shall not be burned or used as starting materials. • The wood shall be clean and produce little detectable smoke or odor. • Fire must be fully extinguished when unattended. • The City Manager or designee is authorized to require that recreational fires be immediately discontinued if smoke emissions are offensive to occupants of surrounding properties or if the City Manager or designee determines that the fire constitutes a dangerous condition or public nuisance. • The permit is valid until December 31 of the year issued and may be renewed online, by mail or e-mail (bp olden-valley.mn.us) or by calling 753-593-8041. • Permits are free. • When prohibited by action of any state or federal agency, recreational fires shall not be permitted. Permit Revocation • Violation of any provision of this ordinance shall result in the revocation of any recreation fire permit for one year. LITTLE CANADA Fire Permits - Recreational Recreational fires are allowed within the City of Little Canada per Section 2002.01 of our Municipal Code. No permit is required for them and you do not need to notify our Fire Department or Sheriffs Department. However, you must follow these simple rules: • Contain the fire In a fireplace, pit, or firering designed for recreational or c purposes. -Firesshoj The small -no larger than 3'xTx3'. • Fires must be located at least 25 feet from the nearest structure and/or motor vehicle. • Keep a water supply or other fire-extinguishing equipment available. Only clean wood may be used as fuel — no fire accelerants are allowed. • No grd wastea�aves and grass cli rugs) may be burned. urt must in constant Mend urn it the lire has been extinguished. • No fire shall be permitted during winds in excess of 10 m.p.h. • A recreational fire must be extinguished immediately if it generates smoke that becomes a nuisance to adjacent or nearby properties. Packet Page Number 112 of 189 Basic Information I Cleaner Burning Wood Stoves & Fireplaces i EPA Page I OfT,da Item L6 A174cHM "*�& http://www.epa, La st d�jpd on Friday, May 15th, 2009. 0 Cleaner Burning Wood Stoves and Fireplaces PA01 You are here: EPA Home Air & Radiation Cleaner Burning Wood Stoves and Fireplaces Basic Information Basic Information Cleaner Burning Choices • Wood Stoves • Pellet Stoves • Gas Stoves • Fireplace Inserts • Decorative Gas Loas • M aso MLHeaters • Burn Cleaner, Save Money and Energy • Finding the Right Size and Model You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PL)E page to learn more about PDF, and for a link to the free Acrobat Reader. Wood Stoves The traditional pot-bellied stove is a thing of the past - today's wood stove models feature improved safety and efficiency. They produce almost no smoke, minimal ash, and require less firewood, They can be sized to heat a family room, a small cottage, or a full-sized home. The best choices are appliances labeled by the Underwriters' Laboratories of Canada (ULQ or another testing and certification body for safety. They should also be certified to be low-emission according to EPA standards. While older uncertified stoves and fireplaces release 40 to 60 grams of smoke per hour; new EPA-certified stoves produce only 2 to 5 grams of smoke per hour. For technical details on wood stoves, see Technical Information. EPA certified wood stoves burn more cleanly and efficiently, save you money, reduce the risk of fire, and improve air quality inside and outside your home. Check the current list of EPA-certified wood stoves kPDF). (111 pp, 2.0 MB) EPA certified wood stoves come in different sizes: BACK w % Xtft "Oto" WAO "04f to UR" IM Aft 1. "* O**Aft A"& "TrOF9~A9TM coo 000 IQQ 0 000 w4biles-k edwyoemwwwa smo,(E amw" Small stoves are suitable for heating a family room or a If your wood stove is certified, seasonal cottage. For larger homes with older central the back label and hang tag furnaces, consider "zone heating" a specific area of will look like the ones above. your home (family or living room) with a small stove. _, More examples of EPA labels. This can reduce fuel consumption, conserve energy and save you dollars while maintaining comfort. http://www.epa.gov/woodstoves/basic.html Packet Page Number 113 of 186-5/20/2009 Basic Information ( Cleaner Burning Wood Stoves & Fireplaces I EPA Page 2 -f3enda Item L6 • Medium stoves are suitable for heating small houses, medium-sized energy-efficient houses, and cottages used in winter. • Large stoves are suitable for larger, open plan houses or older, leakier houses in colder climate zones. Talk with experienced wood stove retailers who know the performance characteristics of the products they sell. When visiting local retailers, take along a floor plan of your home. Knowledgeable retailers can help you find a wood stove that is well suited to the space you want to heat. Pellet Stoves Instead of logs, pellet stoves burn a renewable fuel made of ground, dried wood and other biomass wastes compressed into pellets. They are some of the cleanest - burning heating appliances available today and deliver high overall efficiency. Because they pollute so little, pellet stoves do not require EPA certification; some manufacturers, however, voluntarily seek this certification. Unlike wood stoves and fireplaces, most pellet stoves need electricity to operate, and can be easily vented through a wall, unlike log-burning stoves. For more technical details on pellet stoves, see Don VandervorVs hometips.com. Gas Stoves Gas stoves are designed to burn either natural gas or propane. They emit very little pollution, require little maintenance, and can be installed almost anywhere in the home. Today's gas stoves feature large, dancing yellow flames and glowing red embers that are nearly identical in appearance to a wood fire. They can be vented through an existing chimney, or direct vented through the wall behind the stove. While some models do not require outside venting, EPA does not support their use due to indoor air quality concerns. For more information, see the Hearth 0 pp, 1.2 MB) Fireplace Inserts If you rely on your fireplace for added warmth on cold days, consider a fireplace insert. They are similar in function and performance to free-standing stoves, but are designed to be installed within the firebox of an existing masonry or metal fireplace. Municipal installation codes now require that a properly sized stainless-steel liner be installed from the insert flue collar to the top of the chimney. The result is better performance and a safer system. You can choose from inserts that burn wood, pellets, or gas that provide the same safe efficiency as their stove counterparts. EPA certified wood and pellet burning inserts are available. Some fireplace inserts include state-of-the-art features such as fans and thermostatic controls (depending on the fuel). For more information, see More Efficient, Cleaner Burning Fireplaces. Decorative Fireplace Gas Logs If you have an existing fireplace but seldom use it - or use it more for aesthetics than heating, you may want to consider installing a set of decorative gas logs. While not designed to be a significant source of heat, decorative logs provide dramatic realism, from the lifelike ceramic fiber, concrete or refractory logs down to the glowing embers. Because they burn either natural gas or propane, they also have low emissions. While some models do not require outside venting, EPA does not support their use due to indoor air quality concerns. For more information see the Hearth, Patio, and Barbecue Association Fact Sheet on Gas Packet Page Number huv://www.eva.p-o,v/woodstoves/basic.html 114 of 1895/20/2009 Basic Information I Cleaner Burning Wood Stoves & Fireplaces I EPA Page 3 OPF,da Item L6 LP - A - IM C ef 411,&*7 (2 pp, 1.5 MB) Masonry Heaters Many Americans are not familiar with masonry heaters, but versions of these wood-burning devices have been used in Europe for centuries. A masonry heater is a site-built or site- assembled solid-fueled heating device, consisting of a firebox, a large masonry mass, and a maze of heat exchange channels. While it may look like a fireplace, a masonry heater works differently. It stores heat from rapidly-burning fires within its masonry structure, and slowly releases the heat into the home throughout the day. Masonry heaters currently do not require EPA certification; however, since their fires are small and burn hot, they produce far less smoke than a fireplace or non-certified wood stove - yet the heater's surface remains warm to the touch. The can provide you with more information on masonry heaters and installers near your area. Burn Cleaner, Save Money and Energy Cleaner burning hearth devices can reduce your energy bill, in addition to protecting your health. The Hearth, Patio, and Barbecue Association has developed a cost-effectiveness calculator (http://www.hpba.org/hi)bal/``effcalc.Cfm,) FE_� ffqki� to show how various cleaner-burning stoves and fireplace inserts can actually save you money (Note. EPA cannot support the use of non-vented gas stoves or fireplace inserts due to indoor air quality concerns), You can compare the cost of heating your home with wood, electricity, natural gas, oil, or coal. You can also see how using a cleaner burning hearth device to supplement your existing heating system can reduce your overall home heating cost. Finding the Right Size and Model—Talk to a Professional Wood stoves come in different sizes: Small stoves are suitable for heating a family room or a seasonal cottage. In larger homes with older central furnaces, you can use a small stove for "zone heating" a specific area of your home (family or living room). This can reduce fuel consumption, conserve energy and save you dollars while maintaining comfort. Medium stoves are suitable for heating small houses, medium-sized energy-efficient houses, and cottages used in winter. Large stoves are suitable for larger, open plan houses or older, leakier houses in colder climate zones. In addition, fireplace inserts also come in various sizes. Talk with experienced hearth product retailers who know the performance characteristics of the products they sell. When visiting local retailers, take along a floor plan of your home. Knowledgable retailers can help you find a wood stove, fireplace insert, or other hearth product that is well suited to the space you want to heat. To find retailers of EPA certified wood stoves, fireplace inserts, and other hearth products near you, use The Hearth, and Barbecue Assoc or _Lat on store l ocator consult the Yellow Pages. Packet Page Number h".//Vjwuv Pnn 115 of 189 p ,,Ann /4 n A C t 1 4 --, 7- # 7 1 2 3 4 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 A MODEL ORDINANCE PERTAINING To THE REDUCTION OF AIR POLLUTION BY REGULATING THE NEW CONSTRUCTION OR REPLACEMENT OF WOODBURNING APPLIANCES BE IT ORDAINED BY the City or County of 1 1: WHEREAS, the State Air Resources Board (ARB) adopted a particulate matter (PM10) Ambient Air Quality Standard (AAQS) in December, 1982, and levels for the PM 10 AAQS were selected pursuant to California Code of Regulations Title 17 Section 70200 to protect the health of people who are sensitive to exposure to fine particles; and WHEREAS, research indicates that woodsmoke is a significant contributor to PM 10 levels that pose significant health risks; and I I WHEREAS, the desires to lessen the risk to life and property from air pollution from woodburning appliances; and WHEREAS, the [ ] finds that the proposed regulation will significantly reduce the increase in particulate emissions from future installation and construction activities; and, WHEREAS, the [ ] finds a need exists to adopt regulations which apply to woodburning combustion emissions; and The [ ] Code shall be amended by adding the following: I Packet Page Number 116 of 189 a Item L6 A1 C (I / v � -( ' -4- - f 1 2 3 4 6 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 -V 25 III -k 26 APPLICABILITY: This ordinance shall apply within the limits of the [city, county] of I I as specified herein. All wood burning appliances installed in new residential units or woodburning appliances being added to or replacing woodburning appliances in existing residential units shall comply with this I ordinance. All woodburning appliances installed in new commercial buildings or woodburning appliances being added to or replacing woodburning appliance in existing commercial buildings shall comply with this ordinance. Commercial buildings shall include, but not be limited to, hotels and I restaurants. I Gas fireplaces shall be exempt from this ordinance. However, the conversion of a gas fireplace to I bum wood shall constitute the installation of a woodburning appliance and shall be subject to the I requirements of this ordinance. A woodburning appliance shall comply with this ordinance if (1) it is reconstructed, (2) additions, alterations, or repairs are made to the appliance that require opening up immediately - adjacent walls, or (3) the residential unit or commercial building in which the appliance is located is renovated, and the renovation includes opening up walls immediately adjacent to the appliance. 1. 2. 3. "Bay Area Air Quality Management District" means the air quality agency for the San Francisco Bay Area pursuant to California Health and Safety Code Section 40200. "E.P.A." means United States Environmental Protection Agency. "E.P.A. certified wood heater" means any wood heater that meets the standards in Title 40, 2 Packet Page Number 117 of 189 2 3 4. 4 5 6 S. ,IV IA 8 9 4 10 11 12 14 is 16 X 27 18 A 19 *2 0 21 22 23 24 25 26 A RI A c (4ewcq r rt' Part 60, Subpart AAA, Code of Federal Regulations in effect at the time of installation and is certified and labeled pursuant to those regulations. "Fireplace" means any permanently installed masonry or factory-built woodburning appliance, except a pellet-fueled wood beater, designed to be used with an air-to-fuel ratio greater than or equal to 35 to 1. "Garbage means all solid, semi-solid and liquid wastes generated from residential, commercial and industrial sources, including trash, refuse, rubbish, industrial wastes, asphaltic products, manure, vegetable or animal solids and semi-solid wastes, and other discarded solid and semi-solid wastes. 6. "Gas fireplace" means any device designed to burn natural gas in a manner that simulates the appearance of a woodburning fireplace. 7. "Paints" means all exterior and interior house and trim paints, enamels, varnishes, lacquers, stains, primers, sealers, undercoatings, roof coatings, wood preservatives, shellacs, and other paints or paint-like products. 8. 'Taints solvents" means all original solvents sold or used to thin paints or to clean up painting equipment. 9. "Pellet-fueled wood heater" means any woodburning appliance that operates exclusively on wood pellets. 10. "Solid fuel" means wood or any other non-gaseous or non-liquid fuel. 11. "Treated wood" means wood of any species that has been chemically impregnated, painted IM or similarly modified to improve resistance to insects or weathering. "Waste petroleum products" means any petroleum product other than gaseous fuels that has been refined from crude oil, and has been used, and as a result of use, has been contaminated with physical or chemical impurities. 13. "Woodburning appliance" means fireplace, wood heater, or pellet-fired wood heater or any similar device burning any solid fuel used for aesthetic or space-heating purposes. 3 Packet Page Number 118 of 189 A V6 C tf kv T *7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 W 1 k 25 26 GENERAL UQUIREMENTS: It shall be unlawful to: I Use any woodburning appliance when the Bay Area Air Quality Management District issues a "Spare the Air Tonighf'waming and when an alternate approved heat source is available. 2. Install a woodburning appliance that is not one of the following: (1) a pellet-fueled wood heater, (2) an EPA certified wood heater, or, (3) a fireplace certified by EPA should EPA develop a fireplace certification program. 3. Use any of the following prohibited fuels in a woodburning appliance. a) Garbage g) Paint solvents b) Treated wood h) Coal c) Plastic products 1) Glossy or colored papers d) Rubber products j) Particle board e) Waste petroleum products k) Salt water driftwood f) Paints ENFORCEMENT: Any person who plans to install a woodburning appliance must submit documentation to the [building department of city or county] demonstrating that the appliance is a pellet-fueled wood heater, an EPA certified wood heater, or a fireplace certified by EPA should EPA develop a fireplace certification program. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punishable as provided by law. IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The [ ] of 4 Packet Page Number 119 of 189 1 2 3 4 5 6 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4,7W14,11eAfT )' ) ' - 7 the [ ] hereby declares that it would have passed and adopted this ordinance and all provisions thereof irrespective of the fact that any one or more of said provision be declared unconstitutional. INTRODUCED and ordered Posted/Published this ADOPTED this day of AYES: NOES: ABSENT: ABSTAIN: ATTEST: I day of [ I. by the following vote: APPROVED AS TO FORM: S Packet Page Number 124 of 189 Wood Smoke — Health Effects of Wood Smoke - Minnesota Pollution Control Agency PRAC 0 &106-14-1 # � Minnesota Pollution Control Agency Home I Site Index I Glossary I What's New I Ask MPCA I Visitor Center M ' Home > Air > Wood, Smoke > Health Effects of Wood Smoke Wood Smoke Health Effects of Wood Smoke Wood BqCnfnq , _13est Practices Cleaner Burning A-pprianc-es Frob.1 Related Pages: Aif Citizen Complaints This Web site contains PDF documents that require Adobe Acrobat for viewing. Wood Smoke — Burning wood adds harmful fine particles and toxics to the air. "The fine particles (or particulate matter (PM)) in wood smoke can trigger asthma attacks in a manner similar to diesel exhaust or secondhand cigarette smoke," said Laura Ciatman, environmental research scientist from the Minnesota Department of Health (MDH). Health Effects > pu �Wj Page,4ddaltem L6 Search ztxi i*t* t According to the Environmental Protection Agency PM 2.5 (EPA): "Wood smoke contains harmful chemical substances such as carbon monoxide-(CO), nitrogen-ox-de.s.-(NOx), Where Does Particulate Matter Go?* volat-fleorgart-ic comppunds.N.QQs), • PM10= Particulate matter sized at 10 microns; PM 2.5 = partoulate matter sized at dioxin, and inhalable 2.5 microns. p jaernat natt (PM). Some of the VOCs are irritating, toxic, and/or cancer causing. One of the biggest human health threats from smoke, indoors or outdoors, comes from PM. Wood smoke PM is composed of wood tars, gases, soot, and ashes. Toxic air pollutants are a potentially important component of wood smoke. A group of air toxics known as polycyclic organic matter includes potential carcinogens such as benzo(a)pyrene." At just 2,5 microns in diameter and smaller, 35 to 100 or more fine particles (PM) could fit across the diameter of a human hair. Some of the smallest fine particles can go deep into the lungs and can even pass through the lungs into the bloodstream. They can trigger respiratory problems such as asthma attacks and even heart problems. Fine particles are considered especially dangerous for young children with developing lungs, and people of all ages who have asthma, bronchitis, other respiratory problems, and or cardiovascular disease. file://C:\Documents and Settings\Will\My Documents\Wood Smoke — Health Effects of Wood Smok 5/19/2009 Packet Page Number 121 of 189 Wood Smoke — Health Effects of Wood Smoke - Minnesota Pollution Control Agency Page 2,4J It,, L6 A 1 A c Hvh 4�AIT 14 9 How Big is Particle Pollution? Image source: U.S. EPA, Office of Research and Development Breathing air containing wood smoke can: • Irritate eyes, lungs, throat and sinuses • Reduce lung function, especially in young children • Increase severity of existing lung diseases such as asthma, emphysema, pneumonia and bronchitis • Increase risks of heart attacks • Trigger headaches and allergies Long term exposure to wood smoke may lead to: • Chronic obstructive lung disease • Chronic bronchitis • Increased risks of cancer • Cardiovascular disease Smoke from backyard recreational fires can trigger the same health problems and may penetrate indoors to neighboring homes through intake vents or windows. The MPCA strongly encourages those who bum wood to be a good neighbor by building file:#C:\Documents and Settings\Will\My Documents\Wood Smoke — Health Effects of Wood Smok 5/19/2009 Packet Page Number 122 of 189 ............. P, Image source: U.S. EPA, Office of Research and Development Breathing air containing wood smoke can: • Irritate eyes, lungs, throat and sinuses • Reduce lung function, especially in young children • Increase severity of existing lung diseases such as asthma, emphysema, pneumonia and bronchitis • Increase risks of heart attacks • Trigger headaches and allergies Long term exposure to wood smoke may lead to: • Chronic obstructive lung disease • Chronic bronchitis • Increased risks of cancer • Cardiovascular disease Smoke from backyard recreational fires can trigger the same health problems and may penetrate indoors to neighboring homes through intake vents or windows. The MPCA strongly encourages those who bum wood to be a good neighbor by building file:#C:\Documents and Settings\Will\My Documents\Wood Smoke — Health Effects of Wood Smok 5/19/2009 Packet Page Number 122 of 189 Wood Smoke — Health Effects of Wood Smoke - Minnesota Pollution Control Agency Pa g e Q,90t,rn L6 only small hot fires with dry, seasoned wood. It's also important to properly maintain your stove and chimney. Always be considerate of family members and neighbors who may have asthma, lung or heart problems. For information on best burning methods and a list of what NOT to bum go to Wood B inp- Best Practices, W! N Health Effects of Wood Smoke • Health -- o - effects f - Particulate. ' Matter, Minnesota Department of Health • Carbon monoxide health effects, Minnesota Department of Health • American Lung Association • 21 . What. i,sPar,ticu.I.ate.-M.a,t,t,e-r-?-American Luna Association • Health Effects of Wood Smoke from Outdoor Wood Boilers, Washington_ State Department of.Ecology • 2_ Health Effects of Wood Smoke Fact Sheet, Washington State Department of Ecology • _Smoke Gets in Your Lungs, State of New York Office of the Attorney. General, EPA • Guidance for Health Professionals. Wisconsin Division of Public Health Health • US - EP - A,- Nati - onal - A - mbient Air - Quality Standards (NAAQS) • Open Burning,--Wisco - nsin - D - epartme - nt - Department o - f - Natura-I-Resources • Trash and Wood Burning. Wisconsin of Health • Facts -About -Outdoor --Fi.r.es,-Puaet Sound Clean Air Agency • Health, Effects fro Burn-Barrels-and Backyard Garbage Burning This page was last updated January 30, 2008 If you have suggestions on how we can improve this site, or if you have questions or problems, please .contact us. If you have questions or problems with this Web site, contact webmastor@pca.state. rnn,us Minnesota Pollution Control Agency, 520 Lafayette Road, St. Paul, MN 55155-4194 Phone: 651-296-5300, 800-657-3864; 24-hour emergency number: 651-649-5451 or 800-422-0798; TTY; 661-282-5332, TTY 24-hour emergency number: 651-297-5353 or 800-627-3529 M.PCA Web site Policies file://C:\Documents and Settings\WiU\My Documents\Wood Smoke — Health Effects of Wood Smok... 5119/2009 Packet Page Number 123 of 189 EHH1 :: The Health Effects of Wood Smoke ,ATMs H rh 6kc F tf 7 i,nfo@,ehhi.org Home About Links Reports News Legislation Contact Us-Donat The Health Effects of Wood Smoke Health Issues I Exposure Issues] What Others are Doing I References Health Issues 777— Wood Smoke Brochure] Download_ Brochure • Although wood smoke conjures up fond memories of sitting by a cozy fire, it is important to know that the components of wood smoke and cigarette smoke are quite similar, and that many components of both are carcinogenic. Wood smoke contains fine particulate matter, carbon monoxide, formaldehyde, sulfur dioxide and various irritant gases such as nitrogen oxides that can scar the lungs. Wood smoke also contains chemicals known or suspected to be carcinogens, such as polycyclic aromatic hydrocarbons (PAHs) and dioxin. • Wood smoke interferes with normal lung development in infants and children. It also increases children's risk of lower respiratory infections such as bronchitis and pneumonia. • Wood smoke exposure can depress the immune system and damage the layer of cells in the lungs that protect and cleanse the airways. • According to the Environmental Protection Agency (EPA), toxic air pollutants are components of wood smoke. Wood smoke can cause coughs, headaches, eye, and throat irritation in otherwise healthy people. • For vulnerable populations, such as people with asthma, chronic respiratory disease and those with cardiovascular disease, wood smoke is particularly harmful— even short exposures can prove dangerous. • The particles of wood smoke are extremely small and therefore are not filtered out by the nose or the upper respiratory system. Instead, these small particles end up deep in the lungs where they remain for months, causing structural damage and chemical changes. Wood smoke's carcinogenic chemicals adhere to these tiny particles, which enter deep into the lungs. • Recent studies show that fine particles that go deep into the lungs increase the risk of heart attacks and strokes. EPA warns that for people with heart disease, short- term exposures have been linked to heart attacks and arrhythmias. If you have heart disease, these tiny particles may cause you to experience chest Page hAU Item L6 file:HC:\Documents and Settings\Will\Local Settings\Temp\Temporary Directory 2 for attachments[ I]... 511912009 Packet Page Number 124 of 189 Agenda Item L6 ARI)cNM A�V Ob What Others Are Doing Cancer Wood Smoke • Vehicle ■ Iowa's Supreme Court in 1998 declared that government bodies Exhaust • Pesticides do not have the right to allow burning that results in smoke * WoQd.1S1mokp thma • As thma s crossing property lines. Home • School The State of Washington has laws to address neighbors' wood * he HCalth T smoke. According to the Puget Sound Clean Air Agency, Effects-of Environments 4t generating excessive smoke is not only unneighborly, it's Wood Smoke • Wood Smoke illegal. Under state regulations, smoke from a person's chimney * EHHI Op-ed on • Pressure Treated Wood cannot exceed 20 percent opacity for six consecutive minutes. Wood Smoke Greater smoke densities could result in fines from air pollution EH J111 • Synthetic Turf • Plastics control officials. It is always illegal to smoke out your neighbor. * Testimony On Everyone has a right to breathe clean air. If smoke from your An Act fire is affecting your neighbors, it is considered a nuisance and Concerning the News & subject to enforcement action." Operation of Updates ■ Many states have restricted the use of wood burning in Wood ' Stoves fireplaces and wood-burning stoves on certain high pollution days. Colorado, Utah, Albuquerque, New Mexico and many EHHI towns in California have set up pollution numbers to call to find eJournal out if you can bum wood. What Needs to Be Done There is much we can do to protect the public's health from wood smoke exposures. Fireplace and wood stove chimneys should be regulated so that they are high enough to protect neighbors from exposures. Individual towns should pass zoning regulations to protect public health. State legislatures and state departments of health should strengthen local health departments with specific wood smoke language so that they can deal on a case-by-case basis with situations in which people are made sick by their neighbors' smoke. As the State of Washington Clean Air Agency has stated: "It is always illegal to smoke out your neighbor." file://CADocuments and Settings\Will\Local Settings\Temp\Temporary Directory 2 for attachments[ I]... 5/19/2009 Packet Page Number 125 of 189 THIS PAGE IS INTENTIONALLY LEFT BLAND Packet Page Number 126 of 189 AGENDA NO. M -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: May 28, 2009 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 90,027.16 Checks 4 78340 thru 4 78409 dated 05/04/09 thru 05/12/09 $ 337,397.25 Disbursements via debits to checking account dated 05/01/09 thru 05108109 $ 272,022.29 Checks 4 78410 thru 4 78456 dated 05/08/09 thru 05/19/09 $ 143,170.19 Disbursements via debits to checking account dated 05/08/09 thru 05/15/09 $ 842,616.89 Total Accounts Payable PAYROLL $ 490,446.09 Payroll Checks and Direct Deposits dated 05113109 $ 2,601.83 Payroll Deduction check 4 1007187 thru 9 1007188 dated 05115109 $ 493,047.92 Total Payroll $ 1,335,664.81 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. kf attachments P:IAPPROVAL OF CLAIMS\2009\AprC1ms 5 -08 and 5- 151.xisx Packet Page Number 127 of 189 ...: ..: City of Maplewood Check Date Vendor Description Amount 78340 0510412009 02718 US DEPT OF STATE EXPEDITING FEES - PASSPORT 74.85 78341 05107/2009 04007 MINNESOTA DEPT OF HEALTH PLAN REVIEW FEE 150.00 78342 0510812009 04054 STEVEN REED DJ FOR CARVER DANCE MAY 8 175.00 78343 05112/2009 03833 ADVANCED PUBLIC SAFETY MAINTENANCE FEE - TICKET WRITER 5,453.82 78344 05112/2009 04008 AMERITAS MONTHLY PREMIUM - MAY 9,919.72 78345 0511212009 00111 ANIMAL CONTROL SERVICES PATROL & BOARDING FEES 416 - 513 3,527.11 78346 05112/2009 00116 APPEARANCE PLUS CAR WASH CAR WASH SERVICES - MARCH 273.77 0511212009 00116 APPEARANCE PLUS CAR WASH CAR WASH SERVICE - FEB 269.18 78347 0511212009 01936 CHAD BERGO REIMS FOR INTERNET 319 - 511 126.32 78348 05112/2009 00202 JOHN BOHL REIMB UNIFORMS 04130 99.99 78349 0511212009 00384 DE LAGE LANDEN FINANCIAL SRVS COPIER LEASE 271.57 78350 0511212009 00479 EULL'S MANUFACTURING CO., INC. MANHOLE REPAIR MATERIALS 1,113.08 78351 05/12/2009 00672 ERIK HJELLE REIMB FOR MEALS /HOTEL /MILEAGE 4119- 2,273.11 78352 0511212009 04005 JOHN A DALSIN & SON, INC ROOF REPAIR AT PUBLIC WORKS 850.00 78353 0511212009 04239 L3 MOBILE- VISION, INC. SQUAD CAR CAMERA SYSTEM 30,010.64 78354 0511212009 00857 LEAGUE OF MINNESOTA CITIES LMC ANNUAL CONFERENCE 380.00 78355 0511212009 00902 M E M A MEETING LUNCHEON 80.00 78356 05/12/2009 01111 MOTOROLA, INC ASTRO DIGITAL RADIO 1,357.43 78357 0511212009 04082 NAUTILUS /SCHWINN EXERCISE EQUIPMENT MCC 7,942.32 78358 0511212009 02923 OAKDALE FIRE DEPARTMENT REGISTRATION FEE 950.00 78359 05/12/2009 04280 ONE SOURCE FITNESS, L.L.C. EXERCISE EQUIPMENT MCC 6,634.00 78360 0511212009 00001 ONE TIME VENDOR REFUND J PELTO BASKETBALL LEAGUE 450.00 78361 05112/2009 00001 ONE TIME VENDOR REFUND RASSETT HP BENEFIT 160.00 78362 0511212009 00001 ONE TIME VENDOR REFUND T ROUNGOU UCARE BENEFIT 120.00 78363 0511212009 00001 ONE TIME VENDOR REFUND DEVALLIER HP BENEFIT 120.00 78364 05/12/2009 00001 ONE TIME VENDOR REFUND KURTZ BCBS /MEDICA BENEFIT 100.00 78365 0511212009 00001 ONE TIME VENDOR REFUND E HAMNER AMB 081099 81.98 78366 0511212009 00001 ONE TIME VENDOR REFUND PITMAN BCBS BENEFIT 80.00 78367 05/12/2009 00001 ONE TIME VENDOR REFUND J OCHS HP BENEFIT 80.00 78368 0511212009 00001 ONE TIME VENDOR REFUND T WANG HP BENEFIT 80.00 78369 0511212009 00001 ONE TIME VENDOR REFUND J VIK BANQUET ROOM 70.00 78370 0511212009 00001 ONE TIME VENDOR REFUND R CZECK HP BENEFIT 60.00 78371 05/1212009 00001 ONE TIME VENDOR REFUND X CHEN HP BENEFIT 60.00 78372 05112/2009 00001 ONE TIME VENDOR REFUND A BECKER BCBS BENEFIT 60.00 78373 0511212009 00001 ONE TIME VENDOR REFUND D LAKIS BCBS BENEFIT 60.00 78374 05112/2009 00001 ONE TIME VENDOR REFUND A LIUZZI BCBS BENEFIT 60.00 78375 05112/2009 00001 ONE TIME VENDOR REFUND M GROVER MEMEBERSHIP 58.72 78376 0511212009 00001 ONE TIME VENDOR REFUND G LONETTI RAINBARREL 45.00 78377 05112/2009 00001 ONE TIME VENDOR REFUND J BURTON HP BENEFIT 40.00 78378 05112/2009 00001 ONE TIME VENDOR REFUND BORCHERS HP BENEFIT 40.00 78379 0511212009 00001 ONE TIME VENDOR REFUND GUIZZETTI HP BENEFIT 40.00 78380 05/12/2009 00001 ONE TIME VENDOR REFUND S SCHEID HP BENEFIT 40.00 78381 0511212009 00001 ONE TIME VENDOR REFUND J SANFORD HP BENEFIT 40.00 78382 0511212009 00001 ONE TIME VENDOR REFUND MIREAU BCBS BENEFIT 40.00 78383 05/12/2009 00001 ONE TIME VENDOR REFUND A NESVACIL HP BENEFIT 40.00 78384 0511212009 00001 ONE TIME VENDOR REFUND HENDERSON BCBS BENEFIT 40.00 78385 0511212009 00001 ONE TIME VENDOR REFUND SCHWIETZ UCARE BENEFIT 40.00 78386 0511212009 00001 ONE TIME VENDOR REFUND J KLENK BCBS BENEFIT 20.00 78387 0511212009 00001 ONE TIME VENDOR REFUND K DWELLY HP BENEFIT 20.00 78388 0511212009 00001 ONE TIME VENDOR REFUND C HILL HP BENEFIT 20.00 78389 0511212009 00001 ONE TIME VENDOR REFUND W SBRAGIG HP BENEFIT 20.00 78390 05112/2009 00001 ONE TIME VENDOR REFUND C SCHMIT HP BENEFIT 20.00 78391 05/12/2009 00001 ONE TIME VENDOR REFUND D ANDREW CANCELLED CLASS 20.00 78392 0511212009 00001 ONE TIME VENDOR REFUND B FISHER CANCELLED CLASS 20.00 78393 05112/2009 00001 ONE TIME VENDOR REFUND R HOOK BCBS BENEFIT 20.00 78394 0511212009 00001 ONE TIME VENDOR REFUND D STANTON HP BENEFIT 20.00 78395 0511212009 00001 ONE TIME VENDOR REFUND G KOPP HP BENEFIT 20.00 78396 05/12/2009 00396 DEPT OF PUBLIC SAFETY REGISTRATION FEE 50.00 Packet Page Number 128 of 189 78397 78398 78399 78400 78401 78402 78403 78404 78405 78406 78407 78408 78409 0511212009 0511212009 05112/2009 0511212009 05112/2009 05112/2009 0511212009 05112/2009 0511212009 0511212009 05/12/2009 0511212009 0511212009 05/12/2009 0511212009 0511212009 0511212009 0511212009 05/12/2009 0511212009 05112/2009 00396 00396 00396 00396 00396 03446 01418 00198 01836 04281 01550 01574 01574 04081 02464 02464 02464 02464 02464 01750 03809 DEPT OF PUBLIC SAFETY DEPT OF PUBLIC SAFETY DEPT OF PUBLIC SAFETY DEPT OF PUBLIC SAFETY DEPT OF PUBLIC SAFETY RICK JOHNSON DEER & BEAVER INC SAM'S CLUB DIRECT ST PAUL REGIONAL WATER SRVS CITY OF ST PAUL STU JANIS SUMMIT INSPECTIONS T.A. SCHIFSKY & SONS, INC T.A. SCHIFSKY & SONS, INC MICHAEL W. THOMPSON US BANK US BANK US BANK US BANK US BANK THE WATSON CO INC CASTE WYFFELS 74 Checks in this report. REGISTRATION FEE REGISTRATION FEE REGISTRATION FEE REGISTRATION FEE HAZARDIOUS CHEMICAL INVENTORY DEER PICK UP - APRIL SUPPLIES - WATER UTILITY RECORD MGMT SOFTWARE FEES - MAY MUSIC EVENT AT NATURE CENTER ELECTRICAL INSPECTIONS - APRIL ASPHALT - POTHOLES VARIOUS BITUMINOUS MATERIALS REIMB FOR MILEAGE 311 - 4/30 FUNDS FOR ATMS PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES PAYING AGENT FEES MDSE FOR RESALE INSTRUCTOR FEES 50.00 50.00 50.00 50.00 25.00 200.00 290.42 1,191.45 3,798.00 250.00 2,263.60 767.88 604.39 197.78 4,000.00 431.25 431.25 425.00 215.63 295.90 152.00 Packet Page Number 129 of 189 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05/01109 05/04/09 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 20,335.79 05101/09 05/04/09 US Bank VISA One Card" Credit Card Billing Fee 1,768.67 05101/09 05/04/09 MN Dept of Natural Resources DNR electronic licenses 1,728.50 05/01/09 05/04/09 MN Dept of Natural Resources DNR electronic licenses 109.00 05101/09 05/04/09 ICMA (Vantagepointe) Deferred Compensation 3,444.65 05/04109 05/05/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 24,681.82 05/05109 05/06/09 Wed PERA PERA 81,368.40 05/05/09 05/06/09 US Treasurer Federal Payroll Tax (FICA) 90,797.31 05/05/09 05/06/09 Great West Deferred Compensation 24,397.00 05105/09 05/06/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,902.00 05105/09 05/06/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 22,318.50 05106109 05/07/09 Thu WI Dept of Revenue State Payroll Tax 1,075.38 05/06109 05/07/09 MN State Treasurer State Payroll Tax 18,781.05 05106109 05/07/09 Labor Unions Union Dues 2,014.00 05106/09 05/07/09 ARC Administration HRA Flex plan 2,666.66 05/06/09 05/07/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 19,260.25 05/07/09 05/08/09 Fri MN State Treasurer Drivers License /Deputy Registrar(city clrk) 14,292.88 05107/09 05/08/09 ARC Administration DCRP & Flex plan payments 2,455.39 TOTAL *Detailed listing of VISA purchases is attached. 337,397.25 Packet Page Number 130 of 189 Check Register City of Maplewood 0511512009 Check Date Vendor Description Amount 78410 05108/2009 04282 PETERSON FAMILY MUSIC PERFORMANCE FEE MCC MAY 9TH 3,000.00 78411 05111/2009 03151 PETTY CASH REPLENISH PETTY CASH 289.03 78412 0511412009 02464 US BANK FUNDS FOR ATMS 12,000.00 78413 0511912009 00353 CURTIS 1000, INC. - MINNESOTA STATIONERY ORDER FOR 2009 9,035.34 78414 0511912009 01973 ERICKSON OIL PRODUCTS INC CAR WASH SERVICES - APRIL 68.16 78415 05119/2009 01798 YOCUM OIL CO. GASOLINE - MAY 10,890.52 78416 0511912009 03613 ACTION IMPRINTS UNIFORM ITEMS FOR VOLUNTEERS 710.30 78417 0511912009 03877 ASSOC OF RECYCLING MANAGERS ANNUAL WORKSHOP 20.00 78418 05119/2009 03514 BRAUN PUMP & CONTROLS INC SUPPLIES 79.42 78419 05119/2009 00240 C.S.C. CREDIT SERVICES APPLICANT BACKGROUND CHECKS 50.00 78420 0511912009 00241 CSI SOFTWARE KEYTAGS 300.00 78421 0511912009 00354 CUSTOM FIRE APPARATUS, INC. REPAIR TO E1 336.13 78422 05/1912009 00403 DISPUTE RESOLUTION CENTER CHARITABLE GAMBLING AWARD 1,500.00 78423 05119/2009 04285 DMR ENV HEALTH & SAFETY LLC EGO REPAIR 804.06 0511912009 04285 DMR ENV HEALTH & SAFETY LLC EGO REPAIR 433.44 78424 0511912009 04137 THE EDGE MARTIAL ARTS KARATE INSTRUCTION - MARCH 621.60 78425 05119/2009 00471 VIRGINIA ERICKSON REIMB FOR UNIFORMS 5113 77.44 78426 05119/2009 03516 ANTHONY GABRIEL REIMB FOR EDUCATION 314 - 4115 785.92 78427 0511912009 00545 GFOA REGISTRATION FEE 333.00 78428 0511912009 00545 GFOA SUBSCRIPTION RENEWAL 711109 - 6130110 185.00 78429 0511912009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 2,207.73 05119/2009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 1,504.00 0511912009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 805.31 0511912009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 574.51 05119/2009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 265.40 05119/2009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 265.40 0511912009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 265.40 0511912009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 264.88 05/1912009 02945 HEALTHEAST VEHICLE SERVICES VEHICLE CONVERSION 39.51 78430 05119/2009 04095 BERNARD JUNGMANN REIMB FOR TUITION 311 -4134 1,125.00 78431 0511912009 04078 JENNIFER KOHLMAN PHOTOS FOR DADDY DAUGHTER 95.00 78432 0511912009 02612 DUWAYNE KONEWKO REIMB FOR MEALS 3110 -3111 & 146.08 78433 05119/2009 00820 KUSTOM SIGNALS INC REPLACEMENT RADAR REMOTE 127.21 78434 05119/2009 00393 DEPT OF LABOR & INDUSTRY MONTHLY SURTAX - APRIL 6480123035 922.50 78435 0511912009 00857 LEAGUE OF MINNESOTA CITIES JOINT LEGISLATIVE CONFERENCE 80.00 78436 0511912009 00888 MIA ASSOCIATES BLACK CAN LINERS 249.26 78437 0511912009 04283 CITY OF MANKATO REGISTRATION FEE 50.00 78438 05119/2009 03270 MICHAEL A. MILLERtISN ADULT SOFTBALL UMPIRE 4120 -5114 4,206.00 78439 0511912009 04284 MN HOMESCHOOLERS' ALLIANCE HOME SCHOOL NEWSLETTER AD 40.00 78440 0511912009 01202 NYSTROM PUBLISHING CO INC MAPLEWOOD MONTHLY - APRIL 4,905.00 78441 05119/2009 03903 OFFICE OF SECRETARY OF STATE NOTARY STAMPS LIC 120.00 78442 05119/2009 00001 ONE TIME VENDOR WALKER AT HAZELRIDGE CHART 2,600.00 78443 0511912009 00001 ONE TIME VENDOR REIMB G ROLLOFF PROJ 07 -19 REPAIRS 129.90 78444 0511912009 04282 PETERSON FAMILY MUSIC HALF RENTAL FEE FOR PIANO MCC 280.22 78445 05/1912009 04221 RANDY'S MEATS & GOOD STUFF MDSE FOR RESALE 41.42 78446 05119/2009 01359 REGAL AUTO WASH DETAIL XX CAR WASH SERVICES - APRIL 96.00 78447 0511912009 01340 REGIONS HOSPITAL MEDICAL DIRECTION & TRAINING FEES 33,045.00 0511912009 01340 REGIONS HOSPITAL MEDICAL SUPPLIES 1,432.04 78448 05119/2009 01387 DR. JAMES ROSSINI ADMIN FEE FOR STRESS TEST - APRIL 100.00 78449 05119/2009 01397 RYAN PLUMBING & HEATING CO. TESTING ON IRRIGATION SYS 780.00 78450 0511912009 01836 CITY OF ST PAUL HOT MIX 646.03 0511912009 01836 CITY OF ST PAUL RADIO SERVICE & MAINT - APRIL 105.18 78451 0511912009 01538 STREICHER'S BULLETPROOF VEST 779.99 78452 05119/2009 04055 JAMES TAYLOR REIMB FOR MILEAGE 3114 - 5111 53.46 78453 0511912009 01635 TOWER ASPHALT INC PROJ 07 -30 61 /FROST PARTPMT#3 156,271.98 78454 0511912009 04192 TRANS -MEDIC EMS BILLING FEE - APRIL 3,435.00 78455 05119/2009 01683 UNIFORMS UNLIMITED INC PD UNIFORMS - APRIL 6,198.52 78456 05119/2009 04199 YOUTH SERVICE BUREAU, INC. JUVENILE DIVERSION FROG 1ST QTR 6,250.00 47 Checks in this report. 272.02229 Packet Page Number 131 of 189 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 05108/09 05111109 Mon MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,791.58 05108/09 05/11109 MN Dept of Natural Resources DNR electronic licenses 2,288.50 05108109 05/11/09 MN Dept of Natural Resources DNR electronic licenses 181.50 05111/09 05/12/09 Tues MN State Treasurer Drivers License /Deputy Registrar(city clrk) 15,178.85 05/12/09 05/13/09 Wed MN State Treasurer Drivers License /Deputy Registrar(city clrk) 5,477.73 05/12/09 05/13/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 18,199.50 05/13/09 05/14/09 Thurs MN Dept of Revenue Fuel Tax 291.98 05/13/09 05/14/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 13,740.94 05/14/09 05/15/09 Fri US Bank VISA One Card Purchasing Card Items 57,431.51 05/14/09 05/15/09 MN State Treasurer Drivers License /Deputy Registrar(city clrk) 11,588.10 TOTAL *Detailed listing of VISA purchases is attached. 143,170.19 Packet Page Number 132 of 189 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 05115/09 HJELLE, ERIK 416.42 05/15/09 JUENEMANN, KATHLEEN 416.42 05/15/09 NEPHEW, JOHN 416.42 05/15/09 ROSSBACH. WILLIAM 416.42 05/15/09 STRAU FMANIS, MARIS 170.00 05/15/09 AHL, R. CHARLES 4,821.44 05/15/09 ANTONEN, JAMES 5,300.00 05/15/09 BURLINGAME, SARAH 1,772.42 05/15/09 CHRISTENSON, SCOTT 2,025.51 05/15/09 FARR, LARRY 2,542.04 05/15/09 JAHN, DAVID 1,788.37 05/15/09 RAMEAUX, THERESE 2,942.53 05/15/09 FORMANEK, KAREN 1,633.35 05/15/09 MITTET, ROBERT 3,572.04 05/15/09 ANDERSON, CAROLE 2,747.81 05/15/09 DEBILZAN, JUDY 1,089.61 05/15/09 JACKSON, MARY 2,042.95 05/15/09 KELSEY, CONNIE 2,494 29 05/15/09 LAYMAN, COLLEEN 2,751.34 05/15/09 CAREY, HEIDI 2,377.35 05/15/09 GUILFOILE, KAREN 3,918.10 05/15/09 KROLL, LISA 1,750.06 05/15/09 NEPHEW, MICHELLE 1,441.35 05/15/09 SCHMIDT, DEBORAH 2,281.66 05/15/09 SPANGLER, EDNA 996.33 05/15/09 CORTESI, LUANNE 1,043.95 05/15/09 JAGOE, CAROL 1,833.17 05/15/09 KELLY, LISA 1,304.38 05/15/09 LARSON, MICHELLE 1,147.26 05/15/09 MECHELKE, SHERRIE 1,113.46 05/15/09 MOY, PAMELA 1,212.15 05/15/09 OSTER, ANDREA 1,833.17 05/15/09 WEAVER, KRISTINE 2,118.96 05/15/09 ARNOLD, AJLA 1,280.00 05/15/09 CORCORAN, THERESA 1,828.55 05/15/09 PALANK, MARY 1,830.86 05/15/09 POWELL, PHILIP 2,818.15 05/15/09 SVENDSEN, JOANNE 2,022.59 05/15/09 THOMALLA, DAVID 4,839.74 05/15/09 YOUNG, TAMELA 1,828.55 05/15/09 ABEL, CLINT 2,975.51 05/15/09 ALDRIDGE, MARK 2,817.70 05/15/09 BAKKE, LONN 2,830.52 05/15/09 BARTZ, PAUL 3,806.22 Packet Page Number 133 of 189 05115%09 BELDE, STANLEY 2,843.35 05/15/09 BENJAMIN, MARKESE 2,367.18 05/15/09 BIERDEMAN, BRIAN 3,210.12 051 BOHL, JOHN 3,145.36 05115/09 BUSACK, DANIEL 3,147.62 05/15109 COFFEY, KEVIN 2,976.42 05/15/09 CROTTY, KERRY 3,195.49 05115109 DEMULLING, JOSEPH 2,093.98 05115/09 DOBLAR.. RICHARD 3,422.09 05/15/09 FRITZE, DEREK 2,213.27 05/15/09 GABRIEL, ANTHONY 3,308.52 051 HAWKINSON JR, TIMOTHY 2,248.08 05115/09 HER, PHENG 1,857.49 05/15109 HIEBERT, STEVEN 3,356.35 05/15/09 JOHNSON, KEVIN 4,118.06 05115109 KALKA, THOMAS 821.48 05115 /09 KARIS, FLINT 3,590.19 05/15/09 KONG, TOMMY 2,749.10 05/15/09 KREKELER. NICHOLAS 747.88 051 KROLL, BRETT 2,828.82 05115/09 KVAM, DAVID 3,980.20 05/15109 LANGNER, TODD 2,600.16 05/15/09 LARSON, DANIEL 3,025.48 05115109 LU, JOHNNIE 3,012.91 05115/09 MARINO, JASON 2,939.52 05/15/09 MARTIN, JERROLD 2,900.96 05/15/09 MCCARTY, GLEN 3,129.58 051 METRY, ALESIA 3,037.92 05115/09 NYE, MICHAEL 3,333.12 05/15109 OLSON, JULIE 3,002.40 05/15/09 PALMA. STEVEN 3,058.24 05115109 RABBETT, KEVIN 4,349.93 05115/09 RHUDE.. MATTHEW 2,865.72 05/15/09 SHORTREED, MICHAEL 3,881.66 05/15/09 STEFFEN. SCOTT 3,599.63 051 STEINER, JOSEPH 3,122.22 05115/09 SYPNIEWSKI. WILLIAM 2,681.98 05/15109 SZCZEPANSKI, THOMAS 2,894.94 05/15/09 TAUZELL, BRIAN 1,840.88 05115109 TRAM, JOSEPH 3,148.62 05115/09 WENZEL, JAY 2,950.10 05/15/09 YIONG, KAO 2,686.84 05/15/09 BERGERON, JOSEPH 3,761.83 051 DUGAS, MICHAEL 3,200.81 05115/09 ERICKSON, VIRGINIA 3,104.04 05/15109 FLOR, TIMOTHY 3,529.73 05/15/09 FRASER, JOHN 3,226.36 05115109 LANGNER, SCOTT 2,896.00 05115/09 THEISEN, PAUL 3,173.64 05/15/09 THIENES, PAUL, 2,956.73 05/15/09 BAUMAN. ANDREW 2,195.33 051 DAWSON, RICHARD 2,573.26 05115/09 DOLLERSCHELL. ROBERT 293.39 05/15109 EVERSON, PAUL, 3,214.05 Packet Page Number 134 of 189 05/15/09 FOSSUM, ANDREW 2,257.66 05/15/09 HALVdEG, JODI 2,502.55 05/15/09 JUNGMANN, BERNARD 3,279.71 05/15/09 NOVAK, JEROME 1,073.26 05/15/09 OLSON, JAMES 2,332 20 05/15/09 PERBIX, CHARLES 2,195.33 05/15/09 PETERSON, ROBERT 2,868.34 05/15/09 RICHARDSON, ANDREA 2,195.33 05/15/09 SEDLACEK, JEFFREY 2,502.55 05/15/09 STREET, MICHAEL 2,508.50 05/15/09 SVENDSEN, RONALD 2,945 24 05/15/09 GERVAIS -JR, CLARENCE 3,440.23 05/15/09 LUKIN, STEVEN 4,387.97 05/15/09 ZWIEG, SUSAN 2,229.90 05/15/09 KNUTSON, LOIS 1,848.56 05/15/09 NIVEN, AMY 1,460.54 05/15/09 PRIEFER, WILLIAM 3,190.68 05/15/09 BRINK, TROY 2,371.35 05/15/09 BUCKLEY, BRENT 1,788.55 05/15/09 DEBILZAN, THOMAS 2,064.55 05/15/09 EDGE, DOUGLAS 2,386 28 05/15/09 HAMRE, MILES 1,320.00 05/15/09 JONES, DONALD 2,064.55 05/15/09 MEISSNER, BRENT 1,626.15 05/15/09 MEYER, GERALD 2,147.39 05/15/09 NAGEL, BRYAN 3,289.26 05/15/09 OSWALD, ERICK 2,604.69 05/15/09 RUNNING, ROBERT 2,180.55 05/15/09 TEVLIN, TODD 2,064.55 05/15/09 BURLINGAME, NATHAN 1,821.28 05/15/09 DUCHARME, JOHN 2,634.06 05/15/09 ENGSTROM, ANDREW 2,170.15 05/15/09 JACOBSON, SCOTT 2,486.58 05/15/09 JAROSCH, JONATHAN 2,814.58 05/15/09 KREGER, JASON 2,083.35 05/15/09 KUMMER, STEVEN 2,890.95 05/15/09 LINDBLOM, RANDAL 2,636.37 05/15/09 LOVE, STEVEN 2,675.84 05/15/09 O'CONNOR, DONOVAN 832.00 05/15/09 THOMPSON, MICHAEL 3,480.58 05/15/09 ZIEMAN, SCOTT 145.20 05/15/09 EDSON, DAVID 2,109.92 05/15/09 HINNENKAMP, GARY 2,074.42 05/15/09 MARUSKA, MARK 3,090.00 05/15/09 NAUGHTON, JOHN 2,064.55 05/15/09 NORDQUIST, RICHARD 2,066.86 05/15/09 NOVAK, MICHAEL 601.21 05/15/09 SCHINDELDECKER, JAMES 2,069.17 05/15/09 BIESANZ, OAKLEY 1,237 21 05/15/09 DEAVER, CHARLES 771.21 05/15/09 GERNES, CAROLE 461.32 05/15/09 HAYMAN, JANET 1,435.23 05/15/09 HUTCHINSON, ANN 2,546.16 Packet Page Number 135 of 189 05115%09 SOUTTER, CHRISTINE 366.01 05/15/09 WACHAL, KAREN 755.08 05/15/09 FINWALL, SHANN 2,989.35 051 FRY, PATRICIA 1,898.06 05115/09 GAY-NOR, VIRGINIA 2,827.97 05/15109 HALL, KATHLEEN 45.00 05/15/09 KONEtVKO. . DUWAYNE 4,162.50 05115109 SINDT, ANDREA 1,977.35 05115/09 THOMPSON. DEBRA 731.42 05/15/09 EKSTRAND, THOMAS 3,707.78 05/15/09 MARTIN, MICHAEL 2,344.55 051 BRASH, JASON 1,955.27 05115/09 CARVER, NICHOLAS 3,118.02 05/15109 FISHER, DAVID 3,687.08 05/15/09 RICE, MICHAEL 2,486.15 05115109 SWAN, DAN'ID 2,559.75 05115/09 WELLENS, MOLLY 1,522.20 05/15/09 BERGER, STEPHANIE 227.25 05/15/09 BJORK, BRANDON 261.25 051 JANASZAK, MEGHAN 791.25 05115/09 KOHLMAN, JENNIFER 173.25 05/15109 ROBBINS, AUDRA 2,513.20 05/15/09 ROBBINS, CAMDEN 94.50 05115109 SCHALLER, SCOTT 292.50 05115/09 SHERRILL. CAITLIN 399.25 05/15/09 STAPLES, PAULINE 3,309.18 05/15/09 TAUBMAN, DOUGLAS 3,208.66 051 TAYLOR, JAMES 2,170.42 05115 /09 ADAMS, DAVID 1,776.72 05/15109 GERMAIN, DAVID 2,073.80 05/15/09 HA-AG, MARK 2,165.47 05115109 NADEAU, EDWARD 3,485.52 05115/09 SCHULTZ, SCOTT 2,673.66 05/15/09 ANZALDI, MANDY 1,633.50 05/15/09 BERGLUND. DANIEL 368.00 051 BRENEMAN, NEIL 1,793.02 05115/09 CRAWFORD - JR, RAYMOND 975.00 05/15109 DICKS, JOHN 270.00 05/15/09 EVANS, CHRISTINE 1,251.60 05115109 FABIO- SHANLEY, MICHAEL 98.11 05115/09 GLASS, JEAN 2,041.87 05/15/09 HANSEN, LORI 2,692.83 05/15/09 HER, CHONG 572.00 051 HER, PETER 296.00 05115/09 HIX, MELINDA 35.75 05/15109 HOFMEISTER, MARY 922.99 05/15/09 HOFMEISTER, TIMOTHY 300.00 05115109 PELOQUIN, PENNYE 550.74 05115/09 PENN, CHRISTINE 2,380.00 05/15/09 SCHOENECKER, LEIGH 467.00 05/15/09 VANG, KAY 256.00 051 VANG, TIM 216.00 05115 /09 AICHELE. MEGAN 96.00 05/15109 BAUDE, SARAH 112.75 Packet Page Number 136 of 189 05/15/09 BEITLER, JULIE 90.00 05/15/09 BENJAMIN, AYLA 94.50 05/15/09 BIGGS, ANNETTE 109.65 05/15/09 BRUSOE, AMY 153.45 05/15/09 BRUSOE, CRISTINA 218.01 05/15/09 CAMPBELL, JESSICA 126.00 05/15/09 CLARK, PAMELA 179.25 05/15/09 COLEMAN, DAYSHIA 58.13 05/15/09 DEMPSEY, BETH 171.00 05/15/09 DUNZv, RYAN 1,065.28 05/15/09 ERICKSON- CLARK. CAROL 71.25 05/15/09 FLACKEY, MAUREEN 70.00 05/15/09 GILL, NICOLE 68.00 05/15/09 GRUENHAGEN, LINDA 251.50 05/15/09 HANSEN, HANNAH 58.13 05/15/09 HOLMBERG, LADONNA 508.00 05/15/09 HORWATH, RONALD 2,513 20 05/15/09 IRISH, PETER 54.75 05/15/09 JOHNSON, JAMES 204.13 05/15/09 JOSSART, ANGELA 34.00 05/15/09 JOY ER, JENNA 110.05 05/15/09 KOGLER, RYAN 147.00 05/15/09 KRONHOLM, KATHRYN 667.13 05/15/09 LAMEYER, ZACHARY 129.76 05/15/09 MANZELLA, TERESA 52.00 05/15/09 MATESKE WAYNE 125.00 05/15/09 MCCANN, NATALIE 90.00 05/15/09 MCCARTHY, ERICA 158.00 05/15/09 METCALF, JOLENE 15.63 05/15/09 NADEAU, KELLY 105.50 05/15/09 OLSON, SANDRA 416.50 05/15/09 PEHOSKE JOEL 100.00 05/15/09 PROESCH, ANDY 532.48 05/15/09 RENFORD, NATHAN 178.50 05/15/09 RHODY, DIANE 760.50 05/15/09 RICHTER. DANIEL 90.00 05/15/09 RICHTER, NANCY 1,294.78 05/15/09 RONNING, ISAIAH 143.50 05/15/09 SCHAEFER, NATALIE 57.00 05/15/09 SCHREIER, ROSEMARIE 213.50 05/15/09 SCHUNEMAN, GREGORY 136.31 05/15/09 SJERVEN, BRENDA 85.00 05/15/09 SKAAR, SAMANTHA 141.75 05/15/09 SKUNES, KELLY 66.50 05/15/09 SMITH, ANN 197.30 05/15/09 SMITLEY, SHARON 124.60 05/15/09 TUPY, ELIANA 34.00 05/15/09 TUPY, HEIDE 244.20 05/15/09 TUPY, MARCUS 276.60 05/15/09 WARNER, CAROLYN 362.60 05/15/09 WEDES, CARYL 122.50 05/15/09 WEEVER, NAOMI 84.00 05/15/09 WOLFGRAM, TERESA 170.68 Packet Page Number 137 of 189 Packet Page Number 138 of 189 05115%09 WOODMAN, ALICE 161.00 05/15/09 YOUNCE, BLAISE 119.00 05/15/09 ZALK, IDA 36.56 051 BOSLEY, CAROL 359.78 05115/09 HOLTNIGREN. STEPHANIE 153.00 05/15109 LANGER, CHELSEA 166.00 05/15/09 LANGER, KAYLYN 226.00 05115109 ZAGER, LINNEA 23.75 05115/09 BEHAN, JAMES 1,929.45 05/15/09 CURRAN, JAMES 378.00 05/15/09 DOUGLASS, TOM 1,301.56 051 LONETTL JAMES 420.00 05115/09 MALONEY, SHAWNA 196.00 05/15109 PRINS, KELLY 1,225.16 05/15/09 REILLY. MICHAEL 1,861.35 05115109 SCHOENECKER, KYLE 95.00 05115/09 VALERIO. TARA 246.50 05/15/09 AICHELE, CRAIG 2,137.07 05/15/09 PRIEM, STEVEN 2,322.15 051 WOEHRLE, MATTHEW 2,237.59 05115/09 BERGO, CHAD 2,574.18 05/15109 FOWLDS, MYCHAL 3,085.88 05/15/09 FRANZEN, NICHOLAS 2,384.97 1007159 05115109 LONGRIE, DIANA 473.15 1007160 05115/09 TAUBMAN. KEVIN 157.50 1007161 05/15/09 WELCHLIN, CABOT 2,855.76 1007162 05/15/09 ERICKSON, AMY 90.00 1007163 051 MUELLNER, CHADD 441.00 1007164 05115/09 OLSON, ERICA 115.50 1007165 05/15109 SIMPSON, JOSEPH 16.50 1007166 05/15/09 VUE, LOR PAO 212.00 1007167 05115109 AMUNDSON, DANIKA 188.50 1007168 05115/09 BOTHWELL, KRISTIN 192.50 1007169 05/15/09 BUESING, DYLAN 115.50 1007170 05/15/09 FENGER, JUSTIN 119.85 1007171 051 GRANT, MELISSA 233.75 1007172 05115/09 HANSON. MATTHEW 258.25 1007173 05/15109 MCCORMACK, MELISSA 77.00 1007174 05/15/09 MCLAURIN, CHRISTOPHER 451.70 1007175 05115109 MORIS, RACHEL 39.00 1007176 05115/09 NWANOKWALE, MORDY 125.45 1007177 05/15/09 OLSON, SHELBY 36.00 1007178 05/15/09 ROSTRON. ROBERT 462.25 1007179 051 SCHAEFER, JAMES 218.95 1007180 05115/09 SCHMIDT, JOHN 49.70 1007181 05/15109 WALKER, TYLER 63.00 1007182 05/15/09 HER. KIM 22.93 1007183 05115109 HER, SHILLAME 72.00 1007184 05115/09 BOWMAN. MATTHEW 271.95 1007185 05/15/09 SCHULZE, KEVIN 438.00 1007186 05/15/09 STEFFEN.IYIICHAEL 56.00 TOTAL 490,446.09 Packet Page Number 138 of 189 Trans Date Posting Date Merchant Name Trans Amount Name 04/28/2009 04/30/2009 ANDON BALLOONS INC - $101.71 MANDY ANZALDI 05/05/2009 05/06/2009 TEES PLUS $17.00 LONN BAKKE 04/23/2009 04/27/2009 AQUA LOGIC INC $502.76 JIM BEHAN 04/27/2009 04/2912009 MINNESOTA ELEVATOR INC $414.00 JIM BEHAN 04/28/2009 04/30/2009 WW GRAINGER $106.22 JIM BEHAN 04/29/2009 04/30/2009 DAVIS LOCK & SAFE $19.22 JIM BEHAN 04/29/2009 05/01/2009 POOLSIDE $21.35 JIM BEHAN 04129/2009 05/0412009 PARK SUPPLY OF AMERICA IN $121.66 JIM BEHAN 04/30/2009 05/01/2009 MUSKA LIGHTING CENTER $688.29 JIM BEHAN 05/04/2009 05/05/2009 NUCO2 $60.85 JIM BEHAN 05/04/2009 05/05/2009 NUCO2 $62.93 JIM BEHAN 05104/2009 05/0512009 NUCO2 $39.50 JIM BEHAN 05/04/2009 05/05/2009 NUCO2 $44.11 JIM BEHAN 05/04/2009 05/05/2009 NUCO2 $52.38 JIM BEHAN 05/05/2009 05/06/2009 HENRIKSEN ACE HARDWARE $51.54 JIM BEHAN 05106/2009 05/0712009 WW GRAINGER $15.87 JIM BEHAN 05/07/2009 05/08/2009 MUSKA LIGHTING CENTER $862.81 JIM BEHAN 04/30/2009 05/04/2009 DISPLAYS 2 GO $275.84 CHAD BERGO 04/24/2009 04/27/2009 BABCOR PACKAGING CORP $10.00 NEIL BRENEMAN 05/01/2009 05/0412009 CUB FOODS, INC. $2.50 NEIL BRENEMAN 05/05/2009 05/06/2009 ARAMARK MINNEAPOLIS OCS $561.39 NEIL BRENEMAN 05/06/2009 05/07/2009 CLOVER SUPER FOODS $233.07 NEIL BRENEMAN 05/06/2009 05/07/2009 SPRINT AQUATICS $165.12 NEIL BRENEMAN 04123/2009 04/2712009 STAPLES DIRECT00209908 $81.11 SARAH BURLINGAME 04/27/2009 04/29/2009 THE OLIVE GARD00012005 $85.93 SARAH BURLINGAME 05/04/2009 05/05/2009 CUB FOODS, INC. $29.89 SARAH BURLINGAME 05/06/2009 05/08/2009 OFFICE DEPOT #1090 $225.34 SARAH BURLINGAME 05101/2009 05/0412009 ENTERPRISE RENT -A -CAR $320.41 DAN BUSACK 05/01/2009 05/04/2009 SUNOCO SVC STATION $19.28 DAN BUSACK 05/02/2009 05/04/2009 RADISSON HOTEL UTICA CENT $377.96 DAN BUSACK 04/28/2009 04/30/2009 OFFICE MAX $47.98 HEIDI CAREY 05101/2009 05/0112009 MSP COMMUNICATIONS $695.00 HEIDI CAREY 05/01/2009 05/04/2009 MOMTALK.COM $780.00 HEIDI CAREY 05/06/2009 05/07/2009 VZWRLSS *APOCC VISN $98.29 HEIDI CAREY 04/27/2009 04/29/2009 THE HOME DEPOT 2801 $71.71 SCOTT CHRISTENSON 05/05/2009 05/0712009 THE HOME DEPOT 2801 $25.06 SCOTT CHRISTENSON 04/29/2009 05/01/2009 HOLIDAY STNSTORE 0403 $21.11 KERRY CROTTY 04/25/2009 04/27/2009 MENARDS 3022 $83.20 CHARLES DEAVER 04/25/2009 04/27/2009 MENARDS 3022 $42.98 CHARLES DEAVER 04125/2009 04/3012009 MENARDS 3022 ($46.91) CHARLES DEAVER 04/26/2009 04/28/2009 THE HOME DEPOT 2810 $211.17 CHARLES DEAVER 04/27/2009 04/29/2009 THE HOME DEPOT 2810 ($211.17) CHARLES DEAVER 04/28/2009 04/30/2009 THE HOME DEPOT 2801 $220.97 CHARLES DEAVER 05101/2009 05/0512009 MENARDS 3022 ($83.20) CHARLES DEAVER 05/01/2009 05/05/2009 MENARDS 3022 ($83.20) CHARLES DEAVER 05/06/2009 05/07/2009 RADIOSHACK COR00161455 $4.45 RICHARD DOBLAR 05/07/2009 05/08/2009 QCUSA 888 688 2188 $56.72 RICHARD DOBLAR 04124/2009 04/2712009 MILLS FLEET FARM #27 $51.75 DAVE EDSON 04/30/2009 05/01/2009 LESCO SC 0530 $745.50 DAVE EDSON 05/01/2009 05/04/2009 LESCO SC 0530 $745.50 DAVE EDSON 05/01/2009 05/04/2009 LESCO SC 0530 $149.10 DAVE EDSON Packet Page Number 139 of 189 04129/2009 05/0112009 THE HOME DEPOT 2801 $142.61 ANDREW ENGSTROM 05/05/2009 05/06/2009 NORTHWEST LASERS INC $380.00 ANDREW ENGSTROM 05/05/2009 05/06/2009 NORTHWEST LASERS INC $880.95 ANDREW ENGSTROM 04/28/2009 04/29/2009 DAVIS LOCK & SAFE $20.59 LARRY FARR 04/28/2009 04/3012009 STAR TRAC $666.84 LARRY FARR 04/29/2009 05/01/2009 ANDERSEN CABINET INC $162.64 LARRY FARR 04/29/2009 05/01/2009 THE HOME DEPOT #2843 $138.53 LARRY FARR 04/29/2009 05/01/2009 NORTHERN TOOL EQUIP -MN $34.12 LARRY FARR 04130/2009 05/0112009 COMMERCIAL FURNITURE SRVC $1,110.38 LARRY FARR 04/30/2009 05/01/2009 COMMERCIAL FURNITURE SRVC $507.96 LARRY FARR 04/30/2009 05/01/2009 COMMERCIAL FURNITURE SRVC $427.60 LARRY FARR 04/30/2009 05/01/2009 COMMERCIAL FURNITURE SRVC $1,122.45 LARRY FARR 04130/2009 05/0112009 COMMERCIAL FURNITURE SRVC $487.90 LARRY FARR 04/30/2009 05/01/2009 HOTSY EQUIPMENT OF MINNES $273.89 LARRY FARR 05/04/2009 05/05/2009 WM EZPAY $330.31 LARRY FARR 05/04/2009 05/05/2009 WM EZPAY $689.28 LARRY FARR 05104/2009 05/0512009 WM EZPAY $330.31 LARRY FARR 05/06/2009 05/08/2009 OFFICE MAX $32.00 LARRY FARR 05/07/2009 05/08/2009 MENARDS 3022 $17.04 LARRY FARR 05/07/2009 05/08/2009 MENARDS 3022 $268.79 LARRY FARR 04/30/2009 05/0412009 OFFICE DEPOT #1090 $65.42 KAREN FORMANEK 04/27/2009 04/29/2009 IDEACOM MID AMERICA $455.29 MYCHAL FOWLDS 05/05/2009 05/06/2009 CABLING SERVICES CORPORA $1,867.85 MYCHAL FOWLDS 04/24/2009 04/27/2009 INSIGHT *PUBLICSECTOR $115.82 NICK FRANZEN 04124/2009 04/2812009 SHI INTERNATIONAL CORP $178.93 NICK FRANZEN 04/27/2009 04/28/2009 DIGITAL INTELLIGENCE $88.77 NICK FRANZEN 04/27/2009 04/29/2009 SHI INTERNATIONAL CORP $22.37 NICK FRANZEN 04/27/2009 04/29/2009 SHI INTERNATIONAL CORP $178.93 NICK FRANZEN 04128/2009 04/3012009 SHI INTERNATIONAL CORP $178.93 NICK FRANZEN 04/28/2009 04/30/2009 SHI INTERNATIONAL CORP $699.71 NICK FRANZEN 04/29/2009 04/29/2009 DMI* DELL K -12 /GOVT $166.16 NICK FRANZEN 04/29/2009 04/29/2009 DMI* DELL K -12 /GOVT $11.22 NICK FRANZEN 05107/2009 05/0712009 HP DIRECT- PUBLICSECTOR $1,450.90 NICK FRANZEN 05/07/2009 05/08/2009 INSIGHT *PUBLICSECTOR $1,056.88 NICK FRANZEN 04/27/2009 04/29/2009 THE HOME DEPOT 2801 $205.61 VIRGINIA GAYNOR 05/01/2009 05/04/2009 THE HOME DEPOT 2801 $40.47 CLARENCE GERVAIS 05101/2009 05/0412009 THE HOME DEPOT 2801 $63.88 CLARENCE GERVAIS 04/29/2009 05/01/2009 OFFICE DEPOT #1090 $18.36 JEAN GLASS 05/06/2009 05/08/2009 OFFICE DEPOT #1090 $68.21 JEAN GLASS 04/23/2009 04/27/2009 THE HOME DEPOT 2810 $23.91 JANET M GREW HAYMAN 04130/2009 05/0412009 THE HOME DEPOT 2810 $35.16 JANET M GREW HAYMAN 05/01/2009 05/04/2009 OUT BACK NURSERY & LANDSC $89.46 JANET M GREW HAYMAN 04/24/2009 04/27/2009 SHRED -IT $18.15 KAREN E GUILFOILE 04/24/2009 04/27/2009 AMTRAK .COM 1141000409699 $360.00 KAREN E GUILFOILE 04128/2009 04/2912009 FASTENAL CO- RETAIL $19.73 MARK HAAG 05/02/2009 05/04/2009 COMCAST CABLE COMM $89.88 LORI HANSOM 04/25/2009 04/27/2009 THE HOME DEPOT 2801 $84.25 RICK HERLUND 05/04/2009 05/05/2009 WATER SAFETY PRODUCTS $30.43 RON HORWATH 05106/2009 05/0712009 STAYWELL - KRAMES $649.40 RON HORWATH 05/06/2009 05/08/2009 WATER GEAR INC. $72.29 RON HORWATH 05/07/2009 05/08/2009 STAYWELL - KRAMES $346.90 RON HORWATH 04/23/2009 04/27/2009 HEJNY RENTAL INC $48.51 ANN E HUTCHINSON Packet Page Number 140 of 189 04129/2009 04/3012009 RAINBOW FOODS 00088617 $47.48 ANN E HUTCHINSON 04/30/2009 05/04/2009 MICHAELS #5721 $63.92 ANN E HUTCHINSON 05/01/2009 05/04/2009 KNOWLAN'S MARKET #2 $34.26 ANN E HUTCHINSON 05/06/2009 05/07/2009 E Z UP DIRECT COM LLC INT $179.11 ANN E HUTCHINSON 05/01/2009 05/0112009 REG *UNIVERSITY OF MINN $50.00 SCOTT JACOBSON 04/28/2009 04/29/2009 DALCO ENTERPRISES, INC $409.19 DAVID JAHN 04/29/2009 05/01/2009 DECOY'S GRILL & BAR $8.00 KEVIN JOHNSON 04/30/2009 05/04/2009 SUBWAY 00192450 $7.53 KEVIN JOHNSON 05101/2009 05/0412009 LEEANN CHIN #016 WHITE BE $7.88 KEVIN JOHNSON 04/27/2009 04/29/2009 VANCE BROTHERS MN $407.36 DON JONES 04/24/2009 04/27/2009 BOUND TREE MEDICAL LLC ($14.58) BERNARD R JUNGMANN 04/24/2009 04/27/2009 PAGE WOLFBERG AND WIRTH L $307.95 BERNARD R JUNGMANN 04124/2009 04/2712009 BOUND TREE MEDICAL LLC $176.16 BERNARD R JUNGMANN 04/27/2009 04/28/2009 PHILIPS MEDICAL SYSTEMS $866.74 BERNARD R JUNGMANN 04/27/2009 04/28/2009 CHANNING BETE CO - $108.45 BERNARD R JUNGMANN 04/27/2009 04/29/2009 HOULE FARM GARDEN & PET $28.18 BERNARD R JUNGMANN 04129/2009 04/3012009 BOUND TREE MEDICAL LLC $167.48 BERNARD R JUNGMANN 05/01/2009 05/04/2009 RADIOSHACK COR00161455 $18.87 BERNARD R JUNGMANN 05/05/2009 05/06/2009 BOUND TREE MEDICAL LLC $26.82 BERNARD R JUNGMANN 05/05/2009 05/07/2009 SAFE KIDS WORLDWIDE $60.00 BERNARD R JUNGMANN 05/06/2009 05/0712009 TARGET 00011858 $202.37 BERNARD R JUNGMANN 05/06/2009 05/08/2009 PRIMARY PRODUCTS COMPANY $341.40 BERNARD R JUNGMANN 05/07/2009 05/08/2009 BOUND TREE MEDICAL LLC $740.20 BERNARD R JUNGMANN 05/07/2009 05/08/2009 BOUND TREE MEDICAL LLC $131.09 BERNARD R JUNGMANN 05107/2009 05/0812009 BOUND TREE MEDICAL LLC $381.90 BERNARD R JUNGMANN 05/05/2009 05/06/2009 BEST BUY MHT 00000109 $42.69 NICHOLAS KREKELER 04/24/2009 04/27/2009 OFFICE DEPOT #1090 $86.30 LISA KROLL 05/06/2009 05/07/2009 ARVEY PAPER & OFFICE PRO $1,301.90 LISA KROLL 05104/2009 05/0512009 SEISINT DBA ACCURIN $50.00 DAVID KVAM 04/24/2009 04/27/2009 METRO FIRE $329.66 STEVE LUKIN 04/24/2009 04/27/2009 METRO FIRE $329.66 STEVE LUKIN 04/24/2009 04/27/2009 ASPEN MILLS INC. $141.80 STEVE LUKIN 04124/2009 04/2712009 ASPEN MILLS INC. $86.50 STEVE LUKIN 04/24/2009 04/27/2009 EGAN COMPANIES $476.26 STEVE LUKIN 04/27/2009 04/28/2009 NOVACARE REHB /HEALT $125.00 STEVE LUKIN 04/29/2009 05/01/2009 AT &T MN33 5562 $417.16 STEVE LUKIN 04/30/2009 05/0412009 AIRGAS NORTH CENTRAL $907.84 STEVE LUKIN 05/03/2009 05/05/2009 INTOUCH WIRELESS OF MAPLW $32.16 STEVE LUKIN 05/04/2009 05/05/2009 WM EZPAY $147.52 STEVE LUKIN 05/05/2009 05/08/2009 NATIONAL PRODUCTS INC. $255.52 STEVE LUKIN 05106/2009 05/0712009 METRO FIRE $70.38 STEVE LUKIN 05/07/2009 05/08/2009 EMERGENCY APPARATUS MAINT $1,885.90 STEVE LUKIN 04/24/2009 04/27/2009 OREILLY AUTO 00020743 $98.17 MARK MARUSKA 05/04/2009 05/05/2009 HENRIKSEN ACE HARDWARE $429.61 MARK MARUSKA 05104/2009 05/0512009 SEELYE PLASTICS $640.50 MARK MARUSKA 04/24/2009 04/27/2009 SHRED -IT $18.15 ROBERT MITTET 04/26/2009 04/27/2009 GOVERNMENT FINANCE OFFIC $720.00 ROBERT MITTET 04/28/2009 04/28/2009 COMCAST CABLE COMM $142.08 ROBERT MITTET 05102/2009 05/0412009 FSH COMMUNICATION01 OF 01 $63.90 ROBERT MITTET 04/27/2009 04/28/2009 MENARDS 3059 $2.11 ED NADEAU 04/28/2009 04/30/2009 METROCALL /ARCH WIRE $15.97 ED NADEAU 05/01/2009 05/04/2009 OFFICE DEPOT #1090 $63.05 AMY NIVEN Packet Page Number 141 of 189 04130/2009 05/0412009 OFFICE DEPOT #1090 $136.33 MARY KAY PALANK 05/01/2009 05/04/2009 TARGET 00021352 $26.68 MARY KAY PALANK 04/24/2009 04/27/2009 REDWOOD FALLS GIRL SCOUTS $28.38 CHRISTINE PENN 04/24/2009 04/27/2009 LISPS 2663650009 $67.20 CHRISTINE PENN 04/30/2009 05/0412009 MIDWAY PARTY RENTAL INC $182.49 CHRISTINE PENN 04/30/2009 05/04/2009 MIDWAY PARTY RENTAL INC $995.87 CHRISTINE PENN 05/01/2009 05/04/2009 THE HOME DEPOT 2810 $50.00 CHRISTINE PENN 05/05/2009 05/06/2009 RAINBOW FOODS 00088526 $24.04 CHRISTINE PENN 05104/2009 05/0512009 TAYLOR & FRANCIS -CRC $56.66 PHILIP F POWELL 05/07/2009 05/08/2009 FEDEX 916879784 $13.00 PHILIP F POWELL 05/07/2009 05/08/2009 FEDEX 917663806 $6.43 PHILIP F POWELL 04/25/2009 04/27/2009 LITTLE CAESARS 1456 $111.02 WILLIAM J PRIEFER 04127/2009 04/2912009 ON SITE SANITATION $72.42 WILLIAM J PRIEFER 05/01/2009 05/04/2009 GE CAPITAL $331.99 WILLIAM J PRIEFER 04/23/2009 04/27/2009 AMERICAN FASTENER AND SUP ($11.80) STEVEN PRIEM 04/23/2009 04/27/2009 KATH AUTO PARTS NSP $8.58 STEVEN PRIEM 04123/2009 04/2712009 TRANS AUTO $554.51 STEVEN PRIEM 04/23/2009 04/27/2009 TOUSLEY FORD 127200039 $491.66 STEVEN PRIEM 04/23/2009 04/27/2009 TOUSLEY FORD 127200039 $25.89 STEVEN PRIEM 04/23/2009 04/27/2009 TOUSLEY FORD 127200039 $7.02 STEVEN PRIEM 04/24/2009 04/2712009 LARRY REIDS WHITE BEAR D $63.90 STEVEN PRIEM 04/24/2009 04/27/2009 POLAR CHEVROLET MAZDA PAR $15.14 STEVEN PRIEM 04/27/2009 04/28/2009 GAMCO $193.95 STEVEN PRIEM 04/27/2009 04/29/2009 SATURN OF ST PAUL WHITE B $83.63 STEVEN PRIEM 04127/2009 04/2912009 FACTORY MOTOR PARTS #19 $224.62 STEVEN PRIEM 04/27/2009 04/29/2009 WW GRAINGER $1,897.48 STEVEN PRIEM 04/27/2009 04/30/2009 CRYSTEEL TRUCK FRIDLEY 2 $87.56 STEVEN PRIEM 04/28/2009 04/29/2009 POLAR CHEVROLET MAZDA PAR $76.62 STEVEN PRIEM 04128/2009 04/3012009 TOUSLEY FORD 127200039 $19.15 STEVEN PRIEM 04/29/2009 04/30/2009 E A T 1 $76.79 STEVEN PRIEM 04/29/2009 05/01/2009 KATH AUTO PARTS NSP $96.98 STEVEN PRIEM 04/29/2009 05/01/2009 KATH AUTO PARTS NSP $17.25 STEVEN PRIEM 04129/2009 05/0112009 GOODYEAR AUTO SRV CT 6920 $47.00 STEVEN PRIEM 04/30/2009 05/01/2009 BLAINE BROTHERS -BLN $67.03 STEVEN PRIEM 04/30/2009 05/04/2009 KATH AUTO PARTS NSP $10.11 STEVEN PRIEM 04/30/2009 05/04/2009 COMO LOBE & SUPPLIES $64.44 STEVEN PRIEM 04/30/2009 05/0412009 FACTORY MTR PTS #1 $325.83 STEVEN PRIEM 05/01/2009 05/04/2009 KATH AUTO PARTS NSP $27.63 STEVEN PRIEM 05/04/2009 05/05/2009 POMPS TIRE SERVICE $754.72 STEVEN PRIEM 05/04/2009 05/06/2009 KATH AUTO PARTS NSP $122.26 STEVEN PRIEM 05105/2009 05/0612009 TRI -STATE BOBCAT INC. $1,326.90 STEVEN PRIEM 05/05/2009 05/06/2009 POLAR CHEVROLET MAZDA PAR $39.23 STEVEN PRIEM 05/05/2009 05/07/2009 KATH AUTO PARTS NSP $142.80 STEVEN PRIEM 05/05/2009 05/07/2009 TOUSLEY FORD 127200039 $1,162.19 STEVEN PRIEM 05106/2009 05/0712009 ZAHL PMC $33.84 STEVEN PRIEM 05/06/2009 05/08/2009 TOUSLEY FORD 127200039 ($245.30) STEVEN PRIEM 05/06/2009 05/08/2009 KATH AUTO PARTS NSP $53.96 STEVEN PRIEM 05/06/2009 05/08/2009 GOODYEAR AUTO SRV CT 6920 $49.79 STEVEN PRIEM 05107/2009 05/0812009 MTI TPEC $191.33 STEVEN PRIEM 05/07/2009 05/08/2009 E A T 1 $42.49 STEVEN PRIEM 05/07/2009 05/08/2009 E A T 1 $42.49 STEVEN PRIEM 05/01/2009 05/04/2009 GE CAPITAL $43.77 TERRIE RAMEAUX Packet Page Number 142 of 189 04129/2009 04/3012009 HILLYARD INC MINNEAPOLIS $682.64 MICHAEL REILLY 05/01/2009 05/04/2009 DALCO ENTERPRISES, INC $411.54 MICHAEL REILLY 05/05/2009 05/06/2009 HILLYARD INC MINNEAPOLIS $597.21 MICHAEL REILLY 05/05/2009 05/06/2009 HILLYARD INC MINNEAPOLIS $283.24 MICHAEL REILLY 05/05/2009 05/0712009 DALCO ENTERPRISES, INC {$35.40} MICHAEL REILLY 05/01/2009 05/04/2009 POWER SYSTEMS $461.93 NANCY RICHTER 05/04/2009 05/05/2009 POWER SYSTEMS $137.60 NANCY RICHTER 05/05/2009 05/06/2009 CUB FOODS, INC. $38.10 NANCY RICHTER 05106/2009 05/0712009 POWER SYSTEMS $143.58 NANCY RICHTER 05/06/2009 05/07/2009 FITNESS WHOLESALE $310.96 NANCY RICHTER 04/24/2009 04/27/2009 CUB FOODS, INC. $27.63 AUDRA ROBBINS 04/24/2009 04/30/2009 TLF *HERMES FLRL & GHSE $384.30 AUDRA ROBBINS 05104/2009 05/0612009 MICHAELS #2744 $80.84 AUDRA ROBBINS 05/07/2009 05/08/2009 TARGET 00000687 $15.56 AUDRA ROBBINS 04/27/2009 04/28/2009 NEEDELS SUPPLY INC $51.81 ROBERT RUNNING 04/28/2009 04/30/2009 KATH AUTO PARTS LC $109.45 ROBERT RUNNING 04128/2009 04/3012009 KATH AUTO PARTS NSP $14.38 ROBERT RUNNING 04/29/2009 04/30/2009 MENARDS 3022 $218.41 ROBERT RUNNING 04/29/2009 05/01/2009 THE HOME DEPOT 2801 $27.13 ROBERT RUNNING 05/04/2009 05/05/2009 MENARDS 3022 $19.20 ROBERT RUNNING 05/04/2009 05/0512009 MENARDS 3022 $203.40 ROBERT RUNNING 05/04/2009 05/08/2009 MENARDS 3022 ($95.01) ROBERT RUNNING 04/30/2009 05/01/2009 TARGET 00011858 $14.19 JAMES SCHINDELDECKER 04/29/2009 05/01/2009 INT'L INST OF MUNI CLE $460.00 DEB SCHMIDT 04128/2009 04/3012009 ABLE HOSE & RUBBER, INC $223.53 SCOTT SCHULTZ 05/05/2009 05/06/2009 VIKING INDUSTRIAL CENTER $43.20 SCOTT SCHULTZ 05/06/2009 05/08/2009 OLSEN CHAIN & CABLE INC $41.48 SCOTT SCHULTZ 04/23/2009 04/27/2009 UNIFORMS UNLIMITED INC $255.07 MICHAEL SHORTREED 04124/2009 04/2712009 SHRED -IT $51.45 MICHAEL SHORTREED 04/24/2009 04/27/2009 THE GRAFIX SHOPPE $197.03 MICHAEL SHORTREED 04/27/2009 04/29/2009 CLASSIC COLLISION CENT $140.64 MICHAEL SHORTREED 04/30/2009 05/01/2009 NRA LAW ENFORCEMENT $525.00 MICHAEL SHORTREED 05101/2009 05/0412009 SHRED -IT $66.60 MICHAEL SHORTREED 05/01/2009 05/04/2009 RAINBOW FOODS 00088617 $174.10 CHRISTINE SOUTTER 04/30/2009 05/04/2009 ORIENTAL TRADING CO $145.96 PAULINE STAPLES 05/04/2009 05/05/2009 THE UPS STORE #2171 $45.54 PAULINE STAPLES 05/01/2009 05/0412009 T- MOBILE RECURRING PMT $106.63 DOUGLAS J TAUBMAN 04/28/2009 04/28/2009 REG *UNIVERSITY OF MINN $50.00 MICHAEL THOMPSON 05/05/2009 05/06/2009 U OF M CCE $200.00 MICHAEL THOMPSON 05/06/2009 05/08/2009 GRAND VIEW LODGE & TENNIS $311.66 MICHAEL THOMPSON 04127/2009 04/2912009 GREEN STUFF INC $92.87 SUSAN ZWIEG 04/29/2009 05/01/2009 GREEN STUFF INC $128.10 SUSAN ZWIEG 05/05/2009 05/07/2009 S &S WORLDWIDE $76.44 SUSAN ZWIEG TOTAL $57,431.51 Packet Page Number 143 of 189 Agenda Item M2 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, Deputy Public Works Director /City Engineer Steve Kummer, Civil Engineer II SUBJECT: Desoto Skillman Area Street Improvements, City Project 06 -16, Resolution Directing Modification of the Existing Construction Contract, Change Order 5 DATE: May 15, 2009 INTRODUCTION The Desoto- Skillman Area Street Improvements project was substantially completed in December 2007. Staff has been working with the contractor, T.A. Schifsky and Sons, to complete the final punch list items and issue a final payment for the contract. Prior to final completion, there are extra work items associated with the project that will require a modification to the existing construction contract. The council will consider a modification to the existing construction contract. The council can expect final payment and close -out of the contract at the June 8, 2009 city council meeting. BACKGROUND On May 14 2007, the City Council awarded TA Schifsky a construction contract for utility and roadway improvements in the amount of $3,097,587.90. Change Order 1 was approved on July 23, 2007. Change Orders 2 and 3 were approved on September 24, 2007. Change Order 4 for additional utility work and additional grading along Mississippi Street was approved on November 26, 2007. Change Orders 1 through 4 increased the construction contract $202,948.87 to a revised contract amount of $3,300,536.77. Change Order 5, in the total amount of $22,752.47 is described below: Roadway Improvements ($3,987.50): Several roadways throughout the project had existing concrete curb and gutter. Instead of removing all curb and gutter along the lengths of these streets, staff opted to leave most of the curb and gutter in -place and perform spot repairs as needed. An additional 125 feet of curb was removed and replaced on Skillman Avenue, Sloan Place and Desoto Street north of Roselawn that was not originally anticipated. The additional costs also include sodding and seed establishment of an embankment off Mt. Vernon Avenue and Mississippi Street. Tree Removals along Mississippi Street ($7,500): The number of trees removed within a lot on Mississippi Street for grading of an existing city lot was more than originally anticipated. Fifteen (15) more trees and stumps were removed to accommodate grading on the existing lot. Desoto Street — Retaining Wall Redesign ($11,264.97): This cost accounts for the redesign of a retaining wall south of Ripley Avenue on Desoto Street. First, the contractor originally pulverized the paved roadway and was ordered to move to a different area of the project. This Packet Page Number 144 of 189 Agenda Item M2 incurred an additional mobilization charge of $1,778.00 for reclaiming the pavement. Second, the additional cost also includes engineering charges for the redesign of the walls due to the decrease in street width, amounting to $2,700.00. Finally, residents in the area opted for landscape rock in lieu of sod /seed in front of the retaining wall and along a fence line in the area. The total amount of labor and materials for installing the landscape rock amounted to $6,786.97. BUDGET Change Order 5 will increase the construction contract by $22,752.47 to $3,323,289.24. No budget revisions are required at this time as funds are available from the project contingencies. RECOMMENDATION It is recommended that the city council approve Change Order 5 for the above work as described. The resolution for the Modification of Existing Construction Contract, Change Order Number 5 is attached. Attachments: 1. Resolution for Change Order 5 2. Change Order 5 Packet Page Number 145 of 189 Agenda Item M2 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06 -16, CHANGE ORDER 5 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06 -16, Desoto Skillman Area Neighborhood Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 06 -16, Change Order No. 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 5 in the amount of $22,752.47. The revised contract amount is $3,323,289.24. Packet Page Number 146 of 189 Agenda Item M2 Attachment 2 Page 1 of 2 PROJECT NAME: PROJECT NO: CONTRACTOR: CHANGE ORDER NO.: DATE: CHANGE ORDER CITY OF MAPLEWOOD DEPARTMENT OF PUBLIC WORDS Desoto - Skillman Area Street Improvements City Project 06 -16 T.A. Schflsky and Sons Inc. Five (5) May 11, 2009 The following changes shall be made in the contract documents: REVISE SCHEDULE D ROADWAY IMPROVEMENTS Item No. Item Description Unit Unit Quantity Price Amount 38 Concrete Curb and Gutter Spot Replace. LF 125 $15.74 $ 1,967.50 52 Sodding SY 1,000 $ 2.02 $ 2,020.00 TOTAL SCHEDULE D ROADWAY IMPROVEMENTS $ 3,987.50 REVISE CHANGE ORDER NO. 1 Item No. Item Description Unit Unit Quantity Price Amount 1 Clearing TREE 15 $250.00 $ 3,750.00 2 Grubbing TREE 15 $250.00 $ 3,750.00 TOTAL CHANGE ORDER NO. 1 $ 7,500.00 ADD CHANGE ORDER NO. 5 Item No. Item Description Unit Unit Quantity Price Amount 1 Additional Bituminous Reclamation LS 1 $1,778.00 $ 1,778.00 2 Additional Retaining Wall Construction LS 1 $2,700.00 $ 2,700.00 3 Landscape Rock Installation LS 1 $6,786.97 $ 6.786.97 TOTAL CHANGE ORDER NO. 5 $11,264.97 TOTAL NET CHANGE ORDER NO.5 $22,752.47 CONTRACT STATUS: Original Contract: $3,097,587.90 Net Change of Prior Changes: $202,948.87 Change this Change Order: $22,752.47 Revised Contract: $3,323,289.24 Packet Page Number 147 of 189 Agenda Item M2 Attachment 2 Page 2 of 2 Recommended By: Kimley -Horn and Associates, Inc. By: Date: Agreed to By: T.A. Schfisky and Sons Inc. i Approved By: City of Maplewood Mayor ma City Engineer Date: Date: Date: Packet Page Number 148 of 189 AGENDA REPORT To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Donation to Landfall Cops 'N Kids Fishing Clinic Date: May 4, 2009 Introduction Agenda #M -3 The Police Department has received donations totaling $1,097.50 for the annual Landfall Cops `N Kids Fishing Clinic, and City Council approval is required to accept these donations. Background For the past several years, the Maplewood Police Department, which provides police services in the City of Landfall, has held a half -day Cops 'N Kids Fishing Clinic for youth living in Landfall. This event provides an opportunity for the children to interact with police officers in a positive way while they spend the morning fishing and then having lunch. The City of Landfall, St. Paul Harley- Davidson /Buell, James & Angela Dumer, and Kenneth & Kathleen Sundberg have donated a total of $1,097.50 to be used to purchase supplies for this year's Cops `N Kids Fishing Clinic, and City Council approval is required for us to accept these donations. Recommendation It is recommended that City Council approval be given to accept these donations and that the necessary budget adjustments be made so that the donations may be used for costs associated with the fishing clinic. Action Required Submit to the City Council for review and action. DJT:js Packet Page Number 149 of 189 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so- prescribed, and; WHEREAS, the City of Landfall, St. Paul Harley- Davidson /Buell, James & Angela Dumer and Kenneth & Kathleen Sundberg wish to grant the City of Maplewood the following: a total of $1,097.50, and; WHEREAS, the City of Landfall, St. Paul Harley- Davidson /Buell, James & Angela Dumer and Kenneth & Kathleen Sundberg have instructed that the City will be required to use the aforementioned for: the 2009 Landfall Cops 'N Kids Fishing Clinic, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four -fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four -fifths or more majority vote of its membership on , 20 Signed: Signed: Witnessed: (Signature) (Signature) Mayor (Title) Chief of Police (Title) (Date) (Date) (Signature) City Clerk (Title) (Date) Packet Page Number 150 of 189 Agenda Item M4 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Conditional Use Permit Review PROJECT: Commercial Equipment Parking and Storage LOCATION: 65 Larpenteur Avenue East DATE: May 20, 2009 INTRODUCTION The conditional use permit (CUP) for the property at 65 Larpenteur Avenue East is due for review. The CUP allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. The city code requires a CUP to keep a heavy commercial vehicle on residential property. BACKGROUND August 9, 2004: The city council approved this CUP. This approval was subject to seven conditions of approval (attached). August 22, 2005, October 22, 2006 and October 8, 2007: The city council reviewed this permit and agreed to review it again in one year. DISCUSSION The property owner, David Conover, has removed the commercial vehicles but would like to keep the CUP active until August 9, 2009. The city council gave a five -year termination date for this CUP when they approved it on August 9, 2004. Mr. Conover has said that he would like to keep it active just in case he brought the vehicles back. He is aware of the August 9 end date for the CUP. Staff does not see a problem with this since the remaining time on this CUP will run out on August 9, 2009. Staff will check at that time to make sure that Mr. Conover is no longer parking and storing any commercial vehicles. RECOMMENDATION Extend the conditional use permit to park and store commercial vehicles at 65 Larpenteur Avenue East until August 9, 2009. p:sec 18165 Larpenteur Ave cup review 2009 to #3 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Applicant's Site Plan 4. August 9, 2004, City Council Minutes Packet Page Number 151 of 189 N h W U rr Attachment 1 J F SKILLMAN AVE Co � S z - O O _ ... �. Q MT VERNON AVE 4 ...... DOWNS AVE i __ ,_..,v .. H ROSELAWN AVE z O w M BELLWOOD AVE t- m w v LARPENTEUR AVE 2 Location Map 65 Larpenteur Avenue 2 Packet Page Number 152 of 189 � �605 ----------- � LU M 17F1 5, CO Ilp f5 Larpenteur Avenue Attachment J -1 795 1727 17T2 � �605 ----------- � LU M 17F1 5, CO Ilp f5 Larpenteur Avenue Attachment � .......... __-_____-�/ LARPENTEUR AVE Packet Page Number 153 of 189 J -1 795 li 159 AYE / i !/� mwuarow ----------~�. � .......... __-_____-�/ LARPENTEUR AVE Packet Page Number 153 of 189 Packet Page Number 154 of 189 \j zz) K ice, ■ Attachment 3 ■ maININNIKU Sol 4 Wtt Council Chambers, City Hall Vleeting No. 04-17 I ii 1111111111 C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: David Conover, the applicant Marion Peiffer, 1704 Gurney Street, Maplewood Don Smeja, 1706 Abel, Maplewood Grant Lindblom, 1715 Abel, Maplewood 11101MV1111=10jawff &WEI nXISMIn • loader - tv at 65 LMenteur East: � on the pro2er 'WI-IERE-AS, Mr. David Conover is requesting that Maplewood approve a conditional use permit 0 to store and park three heavy commercial vehicles (two trucks and a loader) on the property he owns at 65 Larpenteur Avenue East. WTIEREAS, this permit applies to the property at 65 Larpenteur Avenue East. The legal description is: MCIMMEWROW 101�XMRRRUM- MN I Saint Aubin and Dions's Rice Street Addition, Lots 14 and 15, Block 13 (PLN 18-29-22- 34 -6 1) Rim !ill 11 i In ii III ii N� Packet Page Number 155 of 189 2. On August 9, 2004, 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 a the hearing a chance to speak and present wntten statements. The council also considered C- reports and recommendations of the city staff and planning commission. C; NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use permit based on the building and site plans. The city approves this pernut because: 1. The use would be located, designed, maintained, constructed and operated to be in con-formity with the city's comprehensive plan and code of ordinances. 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 y person or property, because of excessive noise, glare, smoke, dust, odor, fumes, a 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 tz create traffic concestion or unsafe access on existing or proposed streets. 1-1 0 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, iM 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. • 1 � 11 pj i �1 1 1 1 1 1 1 111111111110111111111 1 1 lljji�� 111111111111111 I Ill a 1111 b Parking the trucks and equipment in an enclosed structure or on a gravel surface driveway or parking pad that meets the applicable city code requirements, The parking location for the vehicles shall be as close to the existing driveway and the I house as possible. The owner shall provide berming around any outdoor parking area that will contain any fluids thatmay leak from the trucks and commercial equipment, il 111� ill 111111 I I 1 11 E 11 66 Packet Page Number 156 of 189 2. The owner or operator shall not let the truck's engine idle for more than thirty (30) minutes in any one (1) hour period. In no circumstances may the owner or operator idle the engine for more than twoperiods, lasting thirty (30) minutes each, in one twenty-four (24) hou. period. There C shall not be any engine idling that disturbs the neighbors between 9 p.m. and 7 a.m. 0 0 3, There shall be no dumping or storage of construction or building materials or supplies on the property. 4 The owners or operator shall not do any maintenance or repair of the tr or commercial equipment on the property, 5. The owners or operators shall not load or unload the trucks on the property or on adjacent properties. 6 The city council shall review this permit in one year. T This pe="t shall end in five years (August 2009). At that time, the owner or operator shall remove from the property the heavy commercial vehicles, trucks and equipment and shall no longer store or park such commercial equipment on the property. Z;I Seconded by Councilmember Rossbach Ayes-All 7 Packet Page Number 157 of 189 Agenda Item M5 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Approve Resolution of Support for STP Application, Project 09 -08, English/TH36 Interchange Improvements DATE: April 28, 2009 INTRODUCTION The council will consider approving a resolution of support for an application for Federal Surface Transportation Program funding for the proposed English /Hwy 36 Interchange Project. BACKGROUND / DISCUSSION In response to a correspondence received from Mn /DOT in 2004, which proposed removing the Highway 36 /English Street at -grade intersection, the City commissioned the Highway 36 Access Study in order to assess traffic impacts with the closing of the intersection and to identify alternative solutions. The study was conducted cooperatively with Mn /DOT staff and the final report was completed in January 2008. The study process identified a preferred concept plan and further recommended Mn /DOT and the City of Maplewood pursue funding for the interchange concept through the 2013 -2014 STP solicitation process. The deadline for submitting funding applications to the Metropolitan Council is June 15, 2009 and the application needs to include a resolution of support from the council. RECOMMENDATION It is recommended that the council adopt the resolution supporting the Federal Surface Transportation Program funding application submittal for the English Street/TH 36 Interchange Improvements. Attachment: 1. Resolution Packet Page Number 158 of 189 Agenda Item M5 Attachment 1 RESOLUTION NO. RESOLUTION SUPPORTNG FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING APPLICATION SUBMITTAL FOR TRUNK HIGHWAY 36 /ENGLISH STREET INTERCHANGE IMPROVEMENTS, CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA WHEREAS, the City Council of the City of Maplewood is the official governing body; and WHEREAS, this project is consistent with the City of Maplewood Comprehensive Plan and Highway 36 Access Study and it is believed to be consistent with the policies of the Metropolitan Council's Development Guide, including the Transportation Policy Plan and Regional Development Framework; and WHEREAS, this project is located in a significant high use transportation corridor (Highway 36) in the Twin Cities metropolitan area; and WHEREAS, this project supports and enhances inter -modal transportation uses, including motor vehicle, transit, and pedestrian uses; and WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a transportation problem and provides an upgrade to the regional transportation system; and WHEREAS, the City of Maplewood in conjunction with the Minnesota Department of Transportation accept responsibility for an amount equal to or greater than 20 percent of the eligible project construction cost, together with costs for design, administration, right -of -way, and peripheral project costs; and WHEREAS, the City of Maplewood is committed to the operation and maintenance of local roadways under the City's jurisdiction for the design life of these roadways; and NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood in regular meeting assembled to adopt this Resolution in support of the request for federal funds under the STP for the Trunk Highway 36/English Street Interchange Improvement Project. BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Metropolitan Council Transportation Advisory Board and Technical Advisory Commission with the Trunk Highway 36/English Street Interchange Improvement Project as part of the STP funding application. Passed and duly adopted by the County Commission of Ramsey County this day of 2009. Diana Longrie, Mayor, ATTEST: Karen Gudfoile, City Clerk Packet Page Number 159 of 189 I TA - . _ • To: City Manager From: Finance Director Date: May 21, 2009 Re: Approval of 2008 Budget Adjustments for MCC BACKGROUND The following budget adjustments are submitted for City Council approval for the Community Center. They are proposed as part of our routine preparation for the year end audit. The first two adjustments relate to the Oakdale Aquatics program that was discontinued in 2007. These items nevertheless were included in the 2008 budget. Budgets for both revenues and expenditures will be reduced with the net effect of reducing the net budget by $8,730. The final adjustment recognizes the efforts of our Marketing and Advertising Coordinator. Her time was budgeted within the General Fund however a portion of her time was actually spent with the Community Center. Her actual costs have been allocated properly. This adjustment will allocate the budget in the same manner making budget to actual comparisons reasonable. Budget adjustments requested are: Reduce Community Center budget for Miscellaneous Revenue $24,250 Reduce Community Center budget for Wages and Benefits $15,520 Transfer Wages from General Fund Marketing Department to Community Center $17,370 RECOMMENDATION Staff recommends approval of the above budget adjustments. Packet Page Number 160 of 189 AGENDA NO. M -7 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Resolution to Maintain the Statutory Tort Limits DATE: May 21, 2009 BACKGROUND Our insurance agent, Arthur J. Gallagher is requesting an updated resolution regarding our choice to maintain the statutory tort limits for liability insurance for the League of Minnesota Cities. On April 28, 2008, the Maplewood City Council decided not to waive the statutory liability tort limits and accepted the liability coverage limits of $400,000 per claimant and $1,200,000 per occurrence. RECOMMENDATION Adopt the attached resolution to maintain the Statutory Tort Limits for liability insurance purposes. PACOUNCIL FILES\AGENDAS \Resolution to Maintain the Statutory Tort Limits 2009.doc Packet Page Number 161 of 189 A RESOLUTION TO MAINTAIN THE STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance Trust has asked the City to make an election with regards to waiving or not waiving its tort liability established by Minnesota Statutes 466.04; and WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new level; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such election is effective until amended by further resolution of the Maplewood City Council. Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting held May 11, 2009. ATTEST: Karen E. Guilfoile, City Clerk Diana Longrie, Mayor PACOUNCIL FILES\AGENDAS \Resolution to Maintain the Statutory Tort Limits 2009.doc Packet Page Number 162 of 189 AGENDA NO. M -8 AGENDA REPORT To: City Manager From: Finance Director Date: May 5, 2009 Re: Resolution Authorizing Purchase of Insurance Agent Services BACKGROUND /SUMMARY Council authorization is requested to purchase insurance agent and broker of record services from Arthur J. Gallagher and Company at a cost of $14,500.00 for the period from 711109 through 6130110. The current cost is $14,500.00. This company serves as the broker of record for the city's property and liability insurance coverage that is with the League of Minnesota Cities Insurance Trust. This is a recurring contract. Arthur J. Gallagher was selected through a request for proposals (RFP) process in 2004. RECOMMENDATION Staff recommends adoption of the attached resolution to retain Arthur J. Gallagher and Company as our insurance agent at a cost of $14,500.00 Packet Page Number 163 of 189 May 21, 2009 Councilmember resolution and moved its adoption: RESOLUTION introduced the following BE IT RESOLVED THAT Arthur J. Gallagher and Company be re- appointed as the broker of record and insurance agent at a cost of $14,540 for the insurance year starting July 1, 2009 and continuing through June 30, 2010 The motion for the adoption of seconded by Councilmember taken thereon, the following voted in favor and the following voted against the same: the foregoing resolution was duly and upon vote being Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) ) SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's tax increment financing districts within its municipal development district. City Clerk 2 Packet Page Number 164 of 189 Agenda Item M9 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer Steve Kummer, Civil Engineer II SUBJECT: Approval of Purchase for Testing Services for: a) Castle Avenue Improvements (08 -12) b) Carsgrove Meadows Area Street Improvements (08 -10) c) County Road D Street Improvements (08 -20) DATE: May 20, 2009 INTRODUCTION It is necessary to utilize the services of an independent testing laboratory for quality control on capital improvement projects slated for 2009 construction. Since testing expenses were anticipated to exceed $10,000 for each improvement project, written quotations were obtained from prospective testing firms for the required services. Description Each request for proposal included the scope of services along with a set of the project plans, quantities and specifications. The companies involved in soliciting a price for services provided a similar scope of testing services essential for project quality control. Four quotes were received for testing services to be completed for the Castle Avenue Improvements, City Project 08 -12. The following companies submitted proposals with their proposed total cost of services: Company Proposal Total Terra -Con, Inc. $11,993.00 Braun- Intertec, Inc $7,992.00 American Engineering and Testing $8,964.40 Stork Twin City Testing $6,977.00 Similarly, four quotes were received for testing services for Carsgrove Meadows Street Improvements, City Project 08 -10. The following companies submitted proposals with their total cost of services: Company Proposal Total Terra -Con, Inc. $23,354.50 Braun- Intertec, Inc $21,283.00 American Engineering and Testing $27,738.30 Stork Twin City Testing $18,220.00 Finally, four quotes were received for testing services for the County Road D Street Improvements, City Project 08 -20. The following companies submitted proposals with their total cost of services: Company Proposal Total Terra -Con, Inc. $11,755.00 Braun - Intertec, Inc $6,104.00 American Engineering and Testing $9,640.00 Stork Twin City Testing $6,873.00 Packet Page Number 165 of 189 Stork Twin City Testing was the lowest bidder on the Castle Avenue and Carsgrove Meadows projects for testing services. Braun Intertec was lowest bidder on the County Road D Improvements. Both companies are reputable testing firms which the City has worked with on past projects. BUDGET The testing service costs are built into the approved budget for each respective capital improvement project, so no additional funding allocation is required. RECOMMENDATION It is recommended that the council authorize the City Engineer to enter into a contract with Braun Intertec for testing services for the County Road D Improvements, City Project 08 -20. It is further recommended that the council authorize the City Engineer to enter into a contract with Stork Twin City Testing for testing services for the Castle Avenue Improvements, City Project 08 -12, and Carsgrove Meadows Area Improvements, City Project 08 -10. Attachments 1. Terra -Con Quote 2. Braun Intertec Quote 3. Stork Twin City Testing Quote 4. American Engineering and Testing Quote Packet Page Number 166 of 189 Agenda Item M9 Attachment May 19, 2009 1 reul CJLU" City of Maplewood 1902 County Road B East Maplewood, MN 55109 Attention: Mr. Steve Kummer (Email — Steve. Kummer @ci.maplewood.mn.us) Re: Proposal for Special Inspection /Construction Material Testing Services City of Maplewood Project Numbers 08 -10, 08 -12, and 08 -20 Maplewood, Minnesota Proposal No. P41090134 Dear Mr. Kummer: Terracon Consultants, Inc. (Terracon) is pleased to submit our proposal to provide observation and testing for Special Inspection /Construction Material Testing Services for the above projects in Maplewood, Minnesota. This proposal includes: OUR AGREEMENT FOR SERVICES Exhibit A— PROJECT INFORMATION Exhibit B — SCOPE OF SERVICES Exhibit C — COMPENSATION This proposal was prepared following review of the plans and specifications prepared for the City of Maplewood by Short Elliot Hendricksen, Inc., and other consultants in general conformance with the project specifications. A proposed scope of services and estimated total fee has been developed based on our review of the project plans and specifications. Terracon's estimated total fee for the scope of services described in the attached Exhibit B is $23,354.50 for City Project Number 08 -10, $11,993.00 for City Project Number 08 -12, and $11,755.00 for City Project Number 08 -20. Terracon's invoices will be based on the actual materials and time spent as per the unit rates included in Exhibit C. The proposed scope and fee should be reviewed when the construction schedule is available to check for conformance with the contractor's schedule. To accept this proposal, please sign and return one copy of the Agreement for Services. Please contact us if you have any questions or comments concerning the proposed services or if we may be of further service to you. Enclosures Copies to: Addressee (2) Terracon Consultants, Inc. 3535 Hoffman Road East White Bear Lake, Minnesota 55110 P [6511770 1500 F [6511770 1657 terracon.com May 15, 2009 Mr. Steve Kummer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Re: Proposal for Construction Testing Services Castle Avenue Improvements City Project # 08 -12 Maplewood, Minnesota Dear Mr. Kummer: Braun Intertec Corporation Phone: 651.487.3245 1826 Buerkle Road Fax: 651.487.1 812 Saint Paul, MN 55110 Web: brounintertec.com Proposal SP -09 -01982 We are pleased to submit our proposal to provide quality control testing services for the Castle Avenue Improvements project in Maplewood, Minnesota. Proposed Scope of Services Our testing services will be performed on an on -call, as- needed basis as requested and scheduled by you, your civil engineer, or the project contractors. Based on your request- for - proposal, the proposed scope of services include: • Compaction tests for utility structure backfill, utility trenches and street subgrades (anticipate 37 total tests). • Laboratory tests to determine materials Standard Proctor maximum dry density and optimum moisture content (anticipate 3 tests). • Gradation tests for select granular borrow and /or aggregate base materials (anticipate 6 tests). • Asphalt extraction and aggregate gradation for bituminous mixture (anticipate 4 tests). • Thickness and density tests on bituminous cores obtained by contractor (anticipate 9 cores). • Concrete tests (air content, slump, temperature and compressive strength tests) for curbs and gutters, sidewalks and /or driveways (anticipate 8 sets of cylinders). • Compressive strength testing of dry-cast segmental masonry retaining wall block (1 set of 8 tests). • Project management services for the quality control testing services described above. Basis of Estimate Our cost estimate was based on the material testing schedule provided by the City which defines the types of tests anticipated, minimum frequency of testing, and anticipated number of tests. Estimated Cost and Invoicing We will furnish the services described herein for an estimated fee of $7,992. A tabulation showing our estimated hourly and /or unit rates associated with our proposed scope of services is also attached. Our work will extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. Providing engineering and environrPiekgKPt R&gPg-,M 957 168 of 189 Agenda Item M9 Attachment Braun Intertec Corporation Phone: 651.487.3245 1826 Buerkle Road Fax: 651.487.1812 Saint Paul, MN 55110 Web: braunintertec.com May 15, 2009 Mr. Steve Kummer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Re: Proposal for Construction Testing Services County Road -D and Bellaire Avenue Improvements City Project 08 -20 Maplewood, Minnesota Dear Mr. Kummer: Proposal SP -09 -01979 We are pleased to submit our proposal to provide quality control testing services for the County Road -D and Bellaire Avenue Improvements project in Maplewood, Minnesota. Proposed Scope of Services Our testing services will be performed on an on -call, as- needed basis as requested and scheduled by you, your civil engineer, or the project contractors. Based on your request- for - proposal, the proposed scope of services include: • Compaction tests for utility structure backfill, utility trenches and street subgrades (anticipate 24 total tests). • Laboratory tests to determine materials Standard Proctor maximum dry density and optimum moisture content (anticipate 3 tests). ■ Gradation tests for select granular borrow and /or aggregate base materials (anticipate 9 tests). ■ Asphalt extraction and aggregate gradation for bituminous mixture (anticipate 4 tests). ■ Thickness and density tests on bituminous cores obtained by contractor (anticipate 8 cores). ■ Concrete tests (air content, slump, temperature and compressive strength tests) for curbs and gutters, sidewalks and /or driveways (anticipate 10 sets of cylinders). ■ Project management services for the quality control testing services described above. Basis of Estimate Our cost estimate was based on the material testing schedule provided by the City which defines the types of tests anticipated, minimum frequency of testing, and anticipated number of tests. Estimated Cost and Invoicing We will furnish the services described herein for an estimated fee of $6,104. A tabulation showing our estimated hourly and /or unit rates associated with our proposed scope of services is also attached. Our work will extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. Providing engineering and environRA0AtsR4NrNu;MI ??1957 169 of 189 BRAUN I T RT C May 15, 2009 Mr. Steve Kummer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Re: Proposal for Construction Testing Services Carsgrove Meadows Area Street Improvements City Project 08 -10 Maplewood, Minnesota Dear Mr. Kummer: Braun Intertec Corporation Phone: 651 487.3245 1826 Buerkle Road Fax: 651.487.1812 Saint Paul, MN 55110 Web: braunintertec.com Proposal SP -09 -01976 We are pleased to submit our proposal to provide quality control testing services for the Carsgrove Meadows Area Street Improvements project in Maplewood, Minnesota. Proposed Scope of Services Our testing services will be performed on an on -call, as- needed basis as requested and scheduled by you, your civil engineer, or the project contractors. Based on your request- for - proposal, the proposed scope of services include: • Compaction tests for utility structure backfill, utility trenches and street subgrades (anticipate 51 total tests). • Laboratory tests to determine materials Standard Proctor maximum dry density and optimum moisture content. • Gradation tests for select granular borrow and /or aggregate base materials (anticipate 15 tests). ■ Asphalt extraction and aggregate gradation for bituminous mixture (anticipate 12 tests). ■ Thickness and density tests on bituminous cores obtained by contractor (anticipate 28 cores). • Concrete tests (air content, slump, temperature and compressive strength tests) for curbs and gutters, sidewalks and /or driveways (anticipate 53 sets of cylinders). ■ Project management services for the quality control testing services described above. Basis of Estimate Our cost estimate was based on the material testing schedule provided by the City which defines the types of tests anticipated, minimum frequency of testing, and anticipated number of tests. Estimated Cost and Invoicing We will furnish the services described herein for an estimated fee of $21,283. A tabulation showing our estimated hourly and /or unit rates associated with our proposed scope of services is also attached. Our work will extend over several invoicing periods. As such, for work that is performed during the course of each invoicing period, we will submit partial progress invoices. Providing engineering and environA?a tsP4 - w * ?W dnbed957 170 of 189 STORK Materials Technology Agenda Item M9 Attachment Stork Twin City Testing Corporat 1 on ZRIZIM Mr, Steven Kummer City of Maplewood 1902 County Road B East Maplewood, MN 55109 Steven. ku m mer6j),ci. ma plewood. m n. us Material Testing - Non-Destructive Testing Product Evaluation -Construction Materials 662 Cromwell Avenue St. Paul, MN 55114 USA Telephone :(651)645 -3601 Telefax (651) 659-7348 Website www.storktct.com RE: Proposal for Construction Testing Services for the Carsgrove Meadows, Castle Avenue and County Road D/Bellaire Projects in Maplewood, Minnesota City Projects 08-10, 08-12 and 08-20 Dear Mr. Kummer: We are pleased to submit a proposal for construction testing services for these projects. In this proposal we describe the testing services we can provide, present an estimate of charges for each project. SCOPE OF SERVICES: We will assign experienced field personnel to provide construction testing services for these projects. The field personnel's work will be provided under the direct supervision of a registered professional engineer, so that we comply in general accordance with ASTM: E329, D3740, and 01077. We anticipate our testing services will be provided on an as needed basis, coordinated through your site personnel. The testing we can provide for these projects is outlined below. • Test compacted subgrade soil (beneath the select granular borrow) and utility trench and structure backfill soil during site grading for new roadway construction. • Perform laboratory Proctor tests and mechanical analysis (gradation) tests and field density tests of compacted select granular borrow (sand). • Perform field Dynamic Cone Penetrometer (DCP) compaction testing and laboratory mechanical analysis testing for Class 5 aggregate base. • Perform nutrient analysis of Select Topsoil Borrow • Sample in-place bituminous pavement and perform laboratory extraction and gradation testing. • Perform coring on bituminous pavement and laboratory bulk density testing of the bituminous cores. • Perform slump, temperature and air entrainment testing of fresh concrete for curb and gutter, driveway, and sidewalk areas; cast concrete test cylinders; pick-up, cure and perform laboratory compressive strength testing on concrete cylinders cast in the field by Stork-TCT personnel. • Perform compressive strength testing of dry-east segmental retaining walls. Our field personnel will prepare daily typewritten reports discussing their on-site observations and testing. These reports, along with laboratory test data, will be submitted to you and to the parties you designate via e-mail. This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork Twin City Testing, Inc. a North Carolina business corporation ("TCT") dd. 05/0112001. In no event shall Stork Twin City Testing, Inc. be liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days o P n a v c%el Page Number Stork Twin City Testing Corporation is an operating unit of Stork Materials Technology B.V., Amsterdam, The Netherlands, whicq of the Stork group _ST -0 R 1--q � Stork Twin City Testing Corporation Materials Technology Mr. Steven Kummer City of Maplewood May 19, 2009 FEES:, We have computed estimated quantities for the proposed projects, The Estimated Quantities attachment is broken down by description, quantity, unit, unit rate, and extension. Our estimated total for each project is shown below. Carsgrove Meadows Neighborhood Improvements: $18,220.00 Castle Avenue Improvements: $6,977.00 County Road D — Bellaire Improvements: $6,873.0 Total Testing Estimate: $32,070.00 The numbers listed on the Estimated Quantities attachment are based on an estimated number of trips, time on site, and number of tests to complete the specified work scope for this project, We charge for our testing on a unit price basis. Our final charges will be based on. the actual scope of work requested and authorized, extended at the unit prices shown on the attachment or on the enclosed fee schedule. The unit rates on the attachment and the fee schedule will remain valid through December 31, 2009. QUALIFICATIONS Stork Twin City Testing has been providing engineering and testing services to the Midwestern United States since 1938. Stork Twin City testing Corporation offers a unique blend of materials testing and certification, product testing and certification, non-destructive testing, and analytical chemistry. Stork Twin City Testing's Construction Materials Department evaluates building materials and products, from exploratory drilling and geotechnical evaluation of the site's soil conditions through inspection and testing of the building's roofing materials. The Construction Materials Department is a full-service construction materials testing laboratory from planning to completion. In addition to fieldwork, Stork Twin City Testing engineers test products and materials in the laboratory to evaluate compliance with published specifications, comparison purposes, research and development, performance verification, or failure analysis, Industries that use the services provided by the Construction Materials Department are: manufacturing, construction, distribution, insurance, and legal. We will assign experienced engineers and engineering technicians to provide the field and laboratory testing and inspection services. Our services will be provided under the direct supervision of a registered professional engineer in the State of Minnesota. Our Senior Staff Engineer, Mr. Steven J. Ruesink, P.E., will be responsible for the project management. Mr. Ruesink has over 25 years of technical experience in geotechnical and construction materials testing and has worked on numerous city street reconstruction projects for the Cities of Roseville, St. Paul, Columbia Heights and Hopkins. Stork Twin City Testing also has an engineering technician pool consisting of personnel with several years of experience in city street soil inspection and compaction testing, bituminous inspection and testing, and concrete inspection and testing. Our field personnel have numerous professional certifications including Mn/DOT, ACI, and NICET. This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork Twin City Testing, Inc. a North Carolina business corporation ('TCT') do. 05101/2001. In no event shall Stork Twin City Testing, Inc. be liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice. Stork Twin City Testing Corporation is an operating unit of Stork Materials Technology B.V., Amsterdam, The Netherlands, which is a memb the Stork group. g o ac ' ket Page Number 172 of 189 Page I A Qa Item M9 Attachment Steven Kummer From: Han, Chunhua [chan@amengtest.com] Sent: Monday, May 18, 2009 11:01 AM To: Steven Kummer Subject: RE: Testing Services for Public Imporement Projects Attachments: 08 -20 County Road D.pdf; 08 -10 Carsgrove Meadows.pdf; 08 -12 Castle Avenue.pdf Steve, 08 -10 Carsgrove Meadows Neighborhood Improvements: $27,738.30 08 -12 Castle Avenue Improvements: $8,964.40 08 -20 County Road D — Bellaire Improvements: $9,640.00 Attached estimates include the quantities (hours, miles, etc.) and unit rates for each quantity. If you have any questions please let me know. We appreciate the opportunity to submit our quote and we are looking forward to working for you and City of Maplewood. Chunhua Han, PhD, PE Principal Engineer American Engineering Testing 550 Cleveland Ave. North Saint Paul, MN. +' www.amen - - - -- Original Message---- - From: Steven Kummer [mai Ito: Steven .kummer @ci.maplewood.mn.us] Sent: Thursday, May 14, 2009 9:38 AM To: Han, Chunhua Subject: Testing Services for Public Imporement Projects 7M M, Enclosed is the information that we had discussed over the phone regarding the City's public improvement projects. I included the bid forms and our testing schedules in the 3 enclosed zip files. Each zip file represents a separte project as follows: 08 -10 Carsgrove Meadows Neighborhood Improvements 08 -12 Castle Avenue Improvements 08 -20 County Road D — Bellaire Improvements 08 -20 is an all State Aid Project 08 -12 is a partial State Aid Project 08 -10 is utilizing no State Aid Packet Page Number 173 of 189 512012009 Page 2 of 2 Please review the enclosed information and submit a quote for overall testing services for these projects. If there are any questions, either 1 or another engineer in our office, Steve Love, will be able to answer your questions. Thanks, Steve K Packet Page Number 174 of 189 512012009 Agenda Item M10 AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer SUBJECT: Stop Sign Requests DATE: May 19, 2009 INTRODUCTIONtSUMMARY The City Council has a policy to consider neighborhood stop sign requests once per year instead of reviewing requests for unwarranted stop signs on an individual basis. To date staff has not received a request or petition; therefore no public hearing is needed. No requests were made last year either. Staff will still consider warranted stop signs on an as needed basis; and neighborhood stop sign requests will be considered again next year. RECOMMENDATION It is recommended that the city council take no action at this time. Packet Page Number 175 of 189 M11 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: May 15, 2009 SUBJECT: Ramsey County Fair - Temporary Gambling Permit and Fee Wavier 3.2% Beer Introduction Robert Reistad, on behalf of St. Paul East Parks Lions Club, has applied for a temporary gambling permit and a 3.2 beer permit for the Ramsey County Fair that will be held from July 8 through July 12. This is an annual event for the St. Paul East Parks Lions Club and all funds raised from beer sales at the Ramsey County Fair will be used for community events in the area. Mr. Reistad is requesting that the city council waive the fee for the miscellaneous beer permit which is a total of $275.00. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required. • • BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary permit for lawful gambling is approved for St. Paul East Parks Lions Club to be used at the Ramsey County Fair, 2020 White Bear Avenue, Maplewood, MN from July 8 through July 12. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation It is recommended that the City Council approve the above the fee waiver for 3.2 beer and the resolution for a temporary gambling permit for St. Paul Lions Club. Packet Page Number 176 of 189 M12 AGENDA REPORT TO: Jim Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: May 15, 2009 SUBJECT: Ramsey County Fair - Miscellaneous Permits Introductinn Joe Fox, Ramsey County Fair Manager, has applied for Carnival, Noise Control Waiver and Fireworks permits for the Ramsey County Fair that will be held from July 8 through July 12. Below are the hours of operation: July 08 and July 09 - 05:00 p.m. to 11:00 p.m. July 10 and July 11 - 12:00 noon to 11:30 p.m. July 12 - 12:00 noon to 9:00 p.m. Music (live bands) will end by 10:30 p.m. Fireworks will be held on Friday, July 10 based on the approval of Fire Marshal Gervais and the State Department of Conservation. City code states that a permit for an itinerant carnival can only be given after Council approval. Ramsey County Fair Board has requested that the City waive the fees for the aforementioned permits, as has been prior council practice. Recommendation It is recommended that the City Council approve the above permits and the request to have the fees waived for the aforementioned permits, as has been prior council practice. Packet Page Number 177 of 189 AGENDA REPORT Agenda #M -13 To: City Manager James Antonen From: Chief of Police David J. Thomalla Subject: Approval To Enter Into Joint Powers Agreement With The State Of Minnesota — Child Sexual Predator Program Date: May 1. 2009 Intmductinn The Police Department would like to enter into a Joint Powers Agreement with the State of Minnesota to participate in the Child Sexual Predator Program, and City Council approval is required before this can be done. Background The State of Minnesota has received a federal grant from the U.S. Department of Justice, Office of Community- Oriented Policing Services, under which they will provide reimbursement for overtime, training and equipment for officers investigating cases of exploitation of children which occurs through the use of computers as part of their Child Sexual Predator Program. To participate in this grant, cities must enter into a Joint Powers Agreement with the State of Minnesota. The Agreement will be in effect until September 30, 2010. Budget Impact Participation in this grant will not involve any expense to the City of Maplewood and will only involve receiving reimbursement for overtime, training, and equipment. Recommendation It is recommended that the City Council approve the Police Department entering into this Joint Powers Agreement with the State of Minnesota to participate in the Child Sexual Predator Program. Action Required Submit to the City Council for review and action. DJT: js Packet Page Number 178 of 189 STATE OF MINNESOTA' . JOINT POWERS AGREEMENT CHILD SEXUAL PREDATOR PROGRAM AGREEMENT # 3000 -1373 This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Cruninal Apprehension, located at 1430 Maryland Avenue E.,'St: Paul, Minnesota 55106 and City of Maplewood, Police Department, located at 1830 County Road B, Maplewood, MN 55109. Recitals Under Minn. Stat. § 471.59, subd. 10, and Minn. Stat. § 15.51— 15.59, the State is empowered to engage such assistance as deemed necessary. The State was awarded a Federal grant from the U.S. Departnent of Justice, Office of Community Oriented Policing Services (COPS), Child Sexual Predator Program for investigative overtime reimbursement, training and equipment. The State is in need of assistance from city and county law enforcement agencies in investigating and combating the exploitation of children which occurs through the use of computers by providing funds for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations. Agreement Term of Agreement Li Effective date: April 1, 2009, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 ' Expiration date: September 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 2 Agreement between the Parties 2.1 Governmental Unit's Responsibilities A. All employees of the Govermnental Unit shall be licensed peace officers or non -sworn employees must be assigned or affiliated with the Minnesota Internet Crimes Against Children '(ICAC) Task Force. & When a contributed employee of the Governmental Unit acts on the behalf of the Minnesota ICAC Task Force within the scope of this Agreement, the employee's actions are within the employee's line.of'duty and course of employment to the same extent as if the employee had acted on behalf of the employee's employing Agency. . C. All members of the Governmental Unit shall continue to be employed by the Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC *Task Force and all services, duties, acts or omissions performed by the rnernber will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation' programs of that employer; will be paid by that employer and entitled to that employer fringe benefits: D. The Governmental Unit shall submit accurate, timely financial records pertaining to enforcement and analytical activities related to ICAC Task Force related investigations. Financial records shall be submitted in a format consistent with Exhibit A attached to this Agreement. E. The Governmental Unit must supply original receipts to be.reinnbursed on pre - approved requests; and reimbursement will be paid directly by the State to the Governmental Unit within 30 days of the date of invoice', with payment made out to the Maplewood Police Department, Accounts Receivable, 1830 County Road. B, Maplewood, MN 55109. Joint Powers Agreement (Rev. 6/03) ' Packet Page Number 179 of 189 F. Investigations by the Governmental Unit under this agreement should be conducted and concluded in a timely manner. The Governmental Unit will only be reimbursed by the State for overtime hours and /or actual expenses incurred related to the Community Oriented Policing Services ( COPS) investigations and /or training through the tern of this agreement or until all Federal funds under the COPS grant have been expended, whichever�comes first. G. The Govermnental Unit shall maintain accurate records pertaining to enforcement activities, to be collected and forwarded monthly to the State's Authorized Representative or his designee for statistical reporting purposes. .H. The Governmental Urrit shall return to the State's Authorized Representative within sixty days investigative equipment acquired by the State through grant funding as a result of this, Agreement in the-event that federal funding under the Community Oriented Policing Services (COPS), Child Sexual Predator Program.Grant for . investigative overtime reimbursement has been exhausted, the agreement is terminated as defined in clause 10.2 of this Agreement, the Governmental Unit breaches this Agreement, or upon expiration of this Agreement. 2.2 State's Responsibilities A. The State will provide the Governmental Unit with investigative equipment for the exclusive' purpose to conduct investigations related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant. B. The State will rehnburse the Governmental Unit for expenses incurred for training and meetings related to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and pre- approved'by the State's Authorized Representative. C. The -State will reimburse the Governmental Unit for overtime hours incurred related to the. Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and approved by the State's Authorized Representative. 3 Payment A. Itemized invoices will be filed by the Governmental Unit's Authorized Representative of this agreement with the State's Authorized Representative of this agreement in arrears, monthly and within 30 days of the period in which service and /or training were provided. B. 'Reimbursement to the Governmental Unit'will be made by the State within 30, days of the date of invoice, and will be paid directly to the Maplewood Police Department, Accounts Receivable, 1830 County Road B, Maplewood, MN 55109. C, Reimbursement.for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as a result of this agreement will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the cormnissioner of Employee Relations. The Governmental Unit will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the prior -approval of the State's Authorized Representative for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. D. The State has a total Expense Budget of $241,481.00 that was approved under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for investigative overtime hours and expense renmbursement. Based on the number of Governmental Units participating in the COPS Child Sexual Predator Program the total obligation of the State for reimbursement of investigative overtime hours and expenses will not exceed $5,000.00 for any one Governmental Unit, unless approved by the State's Authorized Representative. E. Federal Funds. Payments under this. agreement will be made fiom federal funds obtained by the State through Title Child Sexual Predator Pro Q,ram CFDA number. 16.7 YO of the Violent Crime Control and Law Enforcement Act of 1994 The Govermnental Unit is responsible for compliance with all federal requirements imposed on these Joint Powers Agreement (Rev. 6103) Packet Page Number 180 of 189 funds and accepts full financial responsibility for any requirements imposed by the Governmental Unit's failure to comply with federal requirements. 4 Authorized Representatives The State's Authorized Representative is Eric Knutson Special Agent in Charge 1430 Maryland Avenue E., St. Paul, Minnesota 55106, telephone number 651- 793 -7000 or his/her successor. The Governmental Unit's Authorized Representative is Dave Thomalla Chief, 183 0 County Road B, Maplewood, MN 55109, telephone number 651 -249 -2600; or his /her successor. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the 'Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by the Governmental Unit or the Governmental Unifs'agents or employees. This clause will not be construed to bar any legal remedies the Govermmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits The Governmental Unit shall participate fully in any audits requiied by the U.S. Department of Justice; and under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting.procedures and practices relevant to this agreement are subject to examination by the State and /or•tlie State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 , Government Data Practices The Governmental Unit and State must comply. with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Mimi. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Govermmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit inust immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. 9• Venue Venue for all legal proceedings out,of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. Joint Powers Agreement (Rev. 6/03) Packet Page Number 181 of 189 10 Termination 10.1 Termination. The State or the Governmental Unit niay terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. 10.2 Ternzizzatioiz for Iizsufficienit Fuzzdizzg. The State may immediately terminate this agreement if it -does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here.- must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit-will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the .lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individua cer[* iies that funds have been encumbered as require Minn. 5ta t. H �6A�1 an Signed:ti' Date: 3. ST AG + By: (wi d e ated auth rity). Title: �15 N. ✓ U Date: Agreement No. 3000 -1373 2. GOVERNMENTAL UNIT By: Title: Date: S/— /3. n q By: Title: Date: 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: Distribution: Agency Govemmental Unit State's Authorized Representative - Photo Copy Joint Powers Agreement (Rev. 6/03) Packet Page Number 182 of 189 Exhibit A City of Maplewood, Police Department Maplewood Police Department 1630 County Road B Maplewood, MN 55109 Telephone: 651 - 249 -2600 Fax: 651-249-2699 www.ct.maplewood.mn.us BILL TO: Bureau of Criminal Apprehension Eric Knutson, Special Agent in Charge 1430 Maryland Avenue East St. Paul, MN 55106 -2802 6511793 -1004 Fax: 6511793 -1005 TTY: 651/282-6555 Internet: http: / /www.dps.state.mn.uslbca INVOICE INVOICE NO.: ICAC- DATE: HOURS DESCRIPTION RATE TOTAL Reimbursement for Computer Forensic Analyst, Internet Crimes Against Children., for the month of Reference: Agreement # 3000 -1373 Employee's Name and Rank Employee ID: 01234567 , $ $ 'Overtime hours @ $ Employee's Name and Rank Employee ID: 98765432 ' $ $ Overtime hours @ $ {Reimbursement of expenses if pre- approved by State's Authorized Rep.) $ $ I certify the above to be correct, and the amount claimed to be due and payable. Dave Thomalla, Chief of Police City of Maplewood, Police Department Payment Details Sub Total , $ ❑ Electronic Fund Transfer (EFT) Tax Identification ❑ Warrant Number: xx -xxxxx x TOTAL $ Please include invoice numbers with payment Joint Powers Agreement (Rev. 6/03) 5 Packet Page Number 183 of 189 Agenda Item M14 AGENDA REPORT TO: James Antonen, City Manager FROM: DuWayne Konewko, Community Development/Park Director Bill Priefer, Public Works Operations Analyst/Recycling Coordinator SUBJECT: Spring 2009 Clean -up Event Summary DATE: May 7, 2009 INTRODUCTION The Spring Clean -up Event was held on April 25, 2009 at Aldrich Arena. The following summarizes the event. BACKGROUND Attendance for the Spring 2009 Clean -up Event was down 37% compared to the Spring 2008 Clean -up Event. Two hundred and sixty -seven residents disposed of an assortment of trash, tires, appliances, TV's and other e- waste. Four hundred and twenty -four residents participated in the Spring 2008 Clean -up Event. It was also surprising that the amount of e -waste collected was down 80% from 36,681 pounds in spring of 2008 to 7,620 pounds this spring. According to our a -waste contractor, CRT Processing, a -waste collections are down throughout the Metro area. Since there have been so many collection events that were free during the last year or so, the stockpile of old electronics has definitely dwindled. The bicycle shop, Re- Cycle, collected 28 bicycles that will be returned to the road when refurbished. This will lower the State's carbon footprint by approximately 9,800 pounds of carbon dioxide by reducing the need to produce 28 new bicycles. According to our trash contractor, Veolia Environmental Services, 18.75 tons of trash, 16.94 tons of demo /construction debris and 7.53 tons of steel were collected. They also collected 65 appliances and 13 air conditioners. Two hundred and fifty -nine tires were collected with 23 dropped off on the day of the event, and 228 retrieved from city right -of -way by our street maintenance crew since last fall's clean -up event. Three hundred and twenty -two pounds of food and $20 cash were collected for the Second Harvest Heartland food shelf as part of the Clean -up Event. This compares to one hundred and twenty -one pounds of food and $55 collected during the Spring 2008 event. A special thank you goes to the Maplewood Police Reserves who once again provided excellent traffic control which minimized the long lines and reduced the idling and wait times. RECOMMENDATION No action is required on this item. Packet Page Number 184 of 189 Agenda Item M.15. MEMORANDUM TO: James Antonen, City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Adoption of Resolution of Support for Environment and Natural Resources Trust Fund — Request for $1.5 Million Grant for Acquisition of Land within Fish Creek Corridor DATE: May 20, 2009 for the May 28 City Council Meeting INTRODUCTION The Legislative - Citizen Commission on Minnesota Resources (LCCMR) makes funding recommendations to the Minnesota Legislature on an annual basis for up to 5.5 percent of the existing value of the Minnesota Environment and Natural Resources Trust Fund (i.e., Minnesota lottery contributions and investment income). There is an estimated $25.6 million available for the funding cycle beginning July 1, 2010. DISCUSSION On April 27, 2009, Maplewood submitted a request for proposal for the 2010 Environment and Natural Resources Trust Fund. The request included funding $1,500,000 for land acquisition in the Fish Creek Natural Area Greenway. The Fish Creek Natural Area Greenway is one of four greenways the City of Maplewood designated for protection in the 2030 Comprehensive Plan. The city seeks to acquire and permanently protect private land parcels of high ecological quality within the Fish Creek Natural Area Greenway with the proposed funding. LCCMR trust fund request for proposals requires the submission of a resolution of support by the city council. In addition to the LCCMR funding request, staff has also recently submitted two expressions of interest for funding from the Department of Natural Resources (DNR) Metro Greenways program for projects in the Fish Creek Natural Area Greenway. DNR's Metro Greenways Program provides grants through a competitive process to local units of government to protect, restore, and enhance high quality natural habitats as well as to develop natural resource -based plans, policies, and practices that conserve the region's natural heritage. The expressions of interest were for $200,000 to purchase and preserve private land within the greenway and $7,500 to develop and present workshops on conservation easements and conservation design development. Funding for this program is subject to approval by the 2009 Minnesota Legislature. When funding becomes available eligible applicants will be asked to submit a complete application, at which time a resolution of support will be required from the city council. RECOMMENDATION Adopt the attached resolution of support for the request for proposal to the LCCMR for the 2010 Minnesota Environment and Natural Resources Trust Fund. This proposal includes a request for $1,500,000 for funding land acquisition in the Fish Creek Natural Area Greenway. Attachment: Resolution of Support for LCCMR Request for Proposal Packet Page Number 185 of 189 Attachment 1 RESOLUTION NO. A RESOLUTION OF SUPPORT FOR THE ENVIRONMENT AND NATURAL RESOURCES TRUST FUND REQUEST FOR PROPOSAL TO THE LEGISLATIVE - CITIZEN COMMISSION ON MINNESOTA RESOURCES WHEREAS, the Legislative- Citizen Commission on Minnesota Resources (LCCMR) makes funding recommendations to the Minnesota Legislature on an annual basis for up to 5.5 percent of the existing value of the Minnesota Environment and Natural Resources Trust Fund (i.e., Minnesota lottery contributions and investment income); and WHEREAS, an estimated $25.6 million is available from the Trust Fund for the funding cycle beginning July 1, 2010; and WHEREAS, on April 27, 2009, Maplewood submitted a request for proposal for the 2010 Environment and Natural Resources Trust Fund to the LCCMR for funding $1,500,000 for land acquisition in the Fish Creek Natural Area Greenway; and WHEREAS, the Fish Creek Natural Area Greenway is one of four greenways the City of Maplewood designated for protection in the 2030 Comprehensive Plan; and WHEREAS, there are several large tracts of private land in the Fish Creek Natural Area Greenway that are particularly vulnerable to development in the coming years; and WHEREAS, the City of Maplewood seeks to acquire and permanently protect private land parcels of high ecological value within the Fish Creek Natural Area Greenway with the proposed funding. NOW THEREFORE BE IT RESOLVED, the City Council of the City of Maplewood, County of Ramsey, State of Minnesota, hereby supports the request for proposal to the LCCMR for the 2010 Minnesota Environment and Natural Resources Trust Fund in the amount of $1,500,000 for land acquisition in the Fish Creek Natural Area Greenway. Adopted this _ day of 1 2009. Mayor City Clerk Packet Page Number 186 of 189 Agenda Item M.16. MEMORANDUM To: James Antonen, City Manager From: Shann Finwall, AICP, Environmental Planner Re: Consider Approval of Acceptance of Donations from Maplewood Unions to the City Memorial Date: May 20, 2009 for the May 28 City Council Meeting INTRODUCTION The city has received donations from Maplewood unions for the memorial sitting area located on city hall campus. City council approval is required before these donations can be accepted. DISCUSSION In 2005, the city council approved the campus master plan, setting the stage for city hall campus to become a place to demonstrate best management practices and improvements for stormwater runoff, sustainable landscaping, and the restoration of native plant communities. Since 2005 staff and volunteers have implemented several master plan projects including planting a woodland nursery near city hall, installing a rain garden along the entry driveway, shoreline restoration on Wicklander Pond, and the construction of the public works porous pavement parking lot. During the planning phases for these improvements the idea for a memorial sitting area was recommended by staff after the death of colleagues that were very dedicated to the city and their jobs. The memorial sitting area was constructed by city staff last fall and is located along the trail between city hall and the public works building. The site includes a landscaped area with a sitting bench and memorial plaque which memorialize all dedicated employees and volunteers who had given their time, dedication, and expertise for the betterment of the city. Three of Maplewood's seven unions (Metro Supervisory Association [MSA], American Federation of State, County and Municipal Employees [AFSCME], Maplewood Confidential and Supervisory Association [MCSA]) have graciously offered donations ranging from $150 to $500 to the sitting area as a way to show their respect for city employees they represent. Final plantings around the memorial sitting area are planned for June. Once complete, city staff will host a ceremony at the site to memorialize employees and volunteers and to thank all who have donated toward the memorial. In addition, all donations will be mentioned in future literature regarding the Maplewood city hall campus master plan. RECOMMENDATION Approve the attached resolution accepting the $900 in donations from the Maplewood unions and authorize the adjustment of budgets so funds can be expended by the Community Development and Parks Department for the city memorial. Attachment: 1. Resolution — Acceptance of Donation 2. Memorial Sitting Area Photograph Packet Page Number 187 of 189 Attachment 1 RESOLUTION ACCEPTANCE OF DONATION WHEREAS Maplewood has received donations totaling $900 ($500, $250, and $150) from three Maplewood Unions (MSA, AFSCME, MCSA) for the city hall campus memorial sitting area; NOW, THEREFORE, BE IT RESOLVED that the Maplewood city council authorizes the Community Development and Parks Department to accept these donations totaling $900. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on May 28, 2009. SIGNED: Mayor Date WITNESSED: City Clerk Date Packet Page Number 188 of 189 Attachment 2 Packet Page Number 189 of 189